Am. Sub. H. B. No. 1 As Reported by the Committee of Conference

As Reported by the Committee of Conference

128th General Assembly

Regular Session

2009-2010

Am. Sub. H. B. No. 1

Representative Sykes

Cosponsors: Representatives Chandler, Brown, Bolon, Book, Celeste, DeBose, DeGeeter, Domenick, Dyer, Hagan, Harris, Harwood, Heard, Koziura, Letson, Luckie, Mallory, Pryor, Stewart, Szollosi, Ujvagi, Weddington, Williams, B., Williams, S., Winburn, Yates, Yuko
Senators Carey, Goodman, Harris, Niehaus

A BILL

To amend sections 7.12, 9.06, 9.24, 9.314, 101.34,

101.72, 102.02, 105.41, 107.21, 107.40, 109.57,

109.572, 109.73, 109.731, 109.742, 109.744,

109.751, 109.761, 109.77, 109.802, 109.803,

117.13, 118.05, 120.08, 121.04, 121.07, 121.08,

121.083, 121.084, 121.31, 121.37, 121.40,

121.401, 121.402, 122.011, 122.05, 122.051,

122.075, 122.151, 122.17, 122.171, 122.40,

122.603, 122.71, 122.751, 122.76, 122.89,

123.01, 124.03, 124.04, 124.07, 124.11, 124.134,

124.14, 124.152, 124.181, 124.183, 124.22,

124.23, 124.27, 124.321, 124.324, 124.325,

124.34, 124.381, 124.382, 124.385, 124.386,

124.392, 124.81, 125.11, 125.18, 125.831, 126.05,

126.21, 126.35, 127.16, 131.23, 131.33, 133.01,

133.02, 133.06, 133.18, 133.20, 133.21, 133.34,

135.03, 135.06, 135.08, 135.32, 141.04, 145.012,

145.298, 148.02, 148.04, 149.43, 149.45,

150.01, 150.02, 150.03, 150.04, 150.05, 150.07,

152.09, 152.10, 152.12, 152.15, 152.33, 156.01,

156.02, 156.03, 156.04, 166.02, 166.07, 166.08,

166.11, 166.25, 169.08, 173.08, 173.35,

173.392, 173.40, 173.401, 173.42, 173.43,

173.50, 173.71, 173.76, 173.99, 174.02, 174.03,

174.06, 175.01, 176.05, 303.213, 307.626,

307.629, 307.79, 311.17, 311.42, 319.28,

319.301, 319.302, 319.54, 321.24, 321.261,

323.01, 323.121, 323.156, 323.73, 323.74, 323.77,

323.78, 329.03, 329.04, 329.042, 329.051,

329.06, 340.033, 343.01, 351.01, 351.021, 504.21,

505.82, 711.001, 711.05, 711.10, 711.131, 718.04,

721.15, 901.20, 901.32, 901.43, 903.082, 903.11,

903.25, 905.32, 905.33, 905.331, 905.36,

905.50, 905.51, 905.52, 905.56, 907.13, 907.14,

907.30, 907.31, 915.24, 918.08, 918.28, 921.02,

921.06, 921.09, 921.11, 921.13, 921.16,

921.22, 921.27, 921.29, 923.44, 923.46, 927.51,

927.52, 927.53, 927.56, 927.69, 927.70,

927.701, 927.71, 942.01, 942.02, 942.06, 942.13,

943.01, 943.02, 943.04, 943.05, 943.06, 943.07,

943.13, 943.14, 943.16, 953.21, 953.22, 953.23,

955.201, 1321.20, 1321.51, 1321.52, 1321.53,

1321.54, 1321.55, 1321.551, 1321.57, 1321.59,

1321.60, 1321.99, 1322.01, 1322.02, 1322.03,

1322.031, 1322.04, 1322.041, 1322.05, 1322.051,

1322.052, 1322.06, 1322.061, 1322.062, 1322.063,

1322.064, 1322.07, 1322.071, 1322.072, 1322.074,

1322.075, 1322.08, 1322.081, 1322.09, 1322.10,

1322.11, 1322.99, 1332.24, 1332.25, 1343.011,

1345.01, 1345.05, 1345.09, 1347.08, 1349.31,

1349.43, 1501.01, 1501.05, 1501.07, 1501.30,

1502.12, 1506.01, 1507.01, 1511.01, 1511.02,

1511.021, 1511.022, 1511.03, 1511.04, 1511.05,

1511.06, 1511.07, 1511.071, 1511.08, 1514.08,

1514.10, 1514.13, 1515.08, 1515.14, 1515.183,

1517.02, 1517.10, 1517.11, 1517.14, 1517.16,

1517.17, 1517.18, 1519.03, 1520.02, 1520.03,

1521.03, 1521.031, 1521.04, 1521.05, 1521.06,

1521.061, 1521.062, 1521.063, 1521.064, 1521.07,

1521.10, 1521.11, 1521.12, 1521.13, 1521.14,

1521.15, 1521.16, 1521.18, 1521.19, 1523.01,

1523.02, 1523.03, 1523.04, 1523.05, 1523.06,

1523.07, 1523.08, 1523.09, 1523.10, 1523.11,

1523.12, 1523.13, 1523.14, 1523.15, 1523.16,

1523.17, 1523.18, 1523.19, 1523.20, 1533.11,

1541.03, 1547.01, 1547.51, 1547.52, 1547.531,

1547.54, 1547.542, 1547.73, 1547.99, 1548.10,

1707.17, 1707.18, 1707.37, 1710.01, 1710.02,

1710.03, 1710.04, 1710.06, 1710.07, 1710.10,

1710.13, 1721.211, 1724.02, 1724.04, 1733.26,

1739.05, 1751.03, 1751.04, 1751.05, 1751.14,

1751.15, 1751.16, 1751.18, 1751.19, 1751.32,

1751.321, 1751.34, 1751.35, 1751.36, 1751.45,

1751.46, 1751.48, 1751.831, 1751.84, 1751.85,

1753.09, 1901.121, 1901.26, 1901.31, 1907.14,

1907.24, 2101.01, 2301.02, 2301.03, 2303.201,

2305.234, 2317.422, 2503.17, 2505.09, 2505.12,

2743.51, 2744.05, 2903.214, 2903.33, 2907.27,

2911.21, 2913.46, 2915.01, 2921.13, 2921.51,

2923.125, 2923.1210, 2923.1213, 2923.16, 2937.22,

2949.091, 2949.111, 2949.17, 2981.13, 3105.87,

3111.04, 3119.01, 3119.54, 3121.03, 3121.035,

3121.037, 3121.0311, 3121.19, 3121.20,

3121.898, 3123.952, 3125.25, 3301.07, 3301.075,

3301.079, 3301.0710, 3301.0711, 3301.0714,

3301.0715, 3301.0716, 3301.0718, 3301.12, 3301.16,

3301.42, 3301.46, 3301.55, 3301.57, 3302.01,

3302.02, 3302.021, 3302.03, 3302.031, 3302.05,

3302.07, 3304.16, 3304.231, 3307.31, 3307.64,

3309.41, 3309.48, 3309.51, 3310.03, 3310.08,

3310.09, 3310.11, 3310.14, 3310.41, 3311.059,

3311.06, 3311.19, 3311.21, 3311.29, 3311.52,

3311.76, 3313.483, 3313.53, 3313.532, 3313.536,

3313.55, 3313.60, 3313.602, 3313.603, 3313.605,

3313.608, 3313.6013, 3313.61, 3313.611, 3313.612,

3313.614, 3313.615, 3313.64, 3313.642, 3313.6410,

3313.65, 3313.713, 3313.843, 3313.976, 3313.978,

3313.98, 3313.981, 3314.012, 3314.015, 3314.016,

3314.02, 3314.021, 3314.03, 3314.08, 3314.085,

3314.087, 3314.091, 3314.10, 3314.13, 3314.19,

100

3314.25, 3314.26, 3314.35, 3314.36, 3315.37,

101

3316.041, 3316.06, 3316.20, 3317.01, 3317.011,

102

3317.013, 3317.02, 3317.021, 3317.022,

103

3317.023, 3317.024, 3317.025, 3317.0210,

104

3317.0211, 3317.0216, 3317.03, 3317.031, 3317.04,

105

3317.061, 3317.063, 3317.08, 3317.081, 3317.082,

106

3317.12, 3317.16, 3317.18, 3317.20, 3317.201,

107

3318.011, 3318.051, 3318.061, 3318.36, 3318.38,

108

3318.44, 3319.073, 3319.08, 3319.081, 3319.088,

109

3319.11, 3319.151, 3319.16, 3319.161, 3319.22,

110

3319.221, 3319.233, 3319.234, 3319.235, 3319.24,

111

3319.25, 3319.26, 3319.28, 3319.291, 3319.303,

112

3319.36, 3319.391, 3319.41, 3319.51, 3319.56,

113

3319.57, 3319.60, 3319.61, 3319.63, 3321.01,

114

3321.05, 3323.05, 3323.091, 3323.14, 3323.142,

115

3324.05, 3325.08, 3326.02, 3326.03, 3326.04,

116

3326.05, 3326.06, 3326.07, 3326.08, 3326.11,

117

3326.14, 3326.20, 3326.23, 3326.33, 3326.36,

118

3326.37, 3326.51, 3327.02, 3327.04, 3327.05,

119

3327.10, 3329.16, 3333.04, 3333.122, 3333.123,

120

3333.16, 3333.28, 3333.35, 3333.38, 3333.42,

121

3333.61, 3333.62, 3333.66, 3334.03, 3334.07,

122

3334.08, 3334.11, 3334.12, 3343.04, 3345.011,

123

3345.062, 3345.12, 3345.32, 3345.61, 3345.62,

124

3345.63, 3345.64, 3345.65, 3345.66, 3349.242,

125

3351.07, 3354.26, 3365.01, 3365.04, 3365.041,

126

3365.07, 3365.08, 3365.09, 3365.10, 3501.17,

127

3503.18, 3503.21, 3701.045, 3701.07, 3701.242,

128

3701.247, 3701.344, 3701.78, 3702.30, 3702.51,

129

3702.52, 3702.524, 3702.525, 3702.53,

130

3702.532, 3702.54, 3702.544, 3702.55, 3702.57,

131

3702.59, 3702.60, 3702.61, 3702.74, 3702.87,

132

3702.89, 3702.90, 3702.91, 3702.92, 3702.93,

133

3702.94, 3703.01, 3703.03, 3703.04, 3703.05,

134

3703.06, 3703.07, 3703.08, 3703.10, 3703.21,

135

3703.99, 3704.03, 3704.14, 3704.144, 3705.03,

136

3705.24, 3706.04, 3706.25, 3707.26, 3709.09,

137

3712.01, 3712.03, 3713.01, 3713.02, 3713.03,

138

3713.04, 3713.05, 3713.06, 3713.07, 3713.08,

139

3713.09, 3713.10, 3714.03, 3714.07, 3715.87,

140

3715.871, 3715.873, 3717.07, 3717.23, 3717.25,

141

3717.43, 3717.45, 3718.03, 3718.06, 3721.01,

142

3721.02, 3721.071, 3721.23, 3721.50, 3721.51,

143

3721.53, 3721.55, 3721.56, 3722.01, 3722.011,

144

3722.02, 3722.021, 3722.04, 3722.041, 3722.05,

145

3722.06, 3722.08, 3722.09, 3722.10, 3722.13,

146

3722.14, 3722.15, 3722.16, 3722.17, 3722.18,

147

3722.99, 3727.02, 3729.07, 3733.02, 3733.04,

148

3733.25, 3733.43, 3734.05, 3734.28, 3734.281,

149

3734.53, 3734.57, 3734.573, 3734.82, 3734.901,

150

3734.9010, 3737.71, 3743.04, 3743.25, 3745.015,

151

3745.05, 3745.11, 3748.01, 3748.04, 3748.07,

152

3748.12, 3748.13, 3749.04, 3767.41, 3770.03,

153

3770.05, 3773.35, 3773.36, 3773.43, 3773.45,

154

3773.53, 3781.03, 3781.07, 3781.10, 3781.102,

155

3781.11, 3781.12, 3781.19, 3783.05, 3791.02,

156

3791.04, 3791.05, 3791.07, 3793.02, 3793.04,

157

3901.381, 3901.3812, 3923.021, 3923.022, 3923.11,

158

3923.122, 3923.24, 3923.58, 3923.581, 3923.66,

159

3923.67, 3923.68, 3923.75, 3923.76, 3923.77,

160

3924.06, 3929.43, 3937.41, 3951.01, 4104.01,

161

4104.02, 4104.06, 4104.07, 4104.08, 4104.09,

162

4104.10, 4104.101, 4104.12, 4104.15, 4104.16,

163

4104.17, 4104.18, 4104.19, 4104.21, 4104.33,

164

4104.42, 4104.43, 4104.44, 4104.48, 4105.01,

165

4105.02, 4105.03, 4105.04, 4105.05, 4105.06,

166

4105.09, 4105.11, 4105.12, 4105.13, 4105.15,

167

4105.16, 4105.17, 4105.191, 4105.20, 4105.21,

168

4112.01, 4112.04, 4112.05, 4112.051, 4117.01,

169

4117.02, 4117.07, 4117.12, 4117.24, 4123.27,

170

4141.01, 4141.08, 4141.162, 4141.31, 4169.02,

171

4169.03, 4169.04, 4171.04, 4301.333, 4301.334,

172

4301.351, 4301.354, 4301.355, 4301.356, 4301.361,

173

4301.364, 4301.365, 4301.366, 4301.43, 4303.181,

174

4303.182, 4303.331, 4501.06, 4501.24, 4501.271,

175

4503.068, 4503.10, 4503.103, 4503.182, 4503.19,

176

4503.191, 4503.235, 4503.40, 4503.42, 4503.44,

177

4505.01, 4505.06, 4505.062, 4505.09, 4505.111,

178

4505.181, 4505.20, 4507.02, 4507.03, 4507.23,

179

4507.24, 4507.45, 4509.101, 4510.11, 4510.12,

180

4510.16, 4510.22, 4511.191, 4511.69, 4513.021,

181

4513.03, 4513.04, 4513.05, 4513.06, 4513.07,

182

4513.071, 4513.09, 4513.11, 4513.111, 4513.12,

183

4513.13, 4513.14, 4513.15, 4513.16, 4513.17,

184

4513.171, 4513.18, 4513.19, 4513.21, 4513.22,

185

4513.23, 4513.24, 4513.242, 4513.28, 4513.60,

186

4513.65, 4513.99, 4517.01, 4517.02, 4517.03,

187

4517.30, 4517.33, 4517.43, 4519.02, 4519.03,

188

4519.04, 4519.44, 4519.59, 4549.10, 4549.12,

189

4582.07, 4582.08, 4582.32, 4582.33, 4709.12,

190

4713.32, 4713.63, 4713.64, 4717.31, 4729.42,

191

4729.99, 4731.10, 4731.26, 4731.38, 4731.65,

192

4731.71, 4733.10, 4734.25, 4735.06, 4735.09,

193

4735.12, 4735.13, 4735.15, 4736.01, 4740.03,

194

4740.11, 4740.14, 4741.41, 4741.44, 4741.45,

195

4741.46, 4751.07, 4755.06, 4755.12, 4757.10,

196

4757.31, 4757.36, 4763.01, 4763.03, 4763.04,

197

4763.05, 4763.06, 4763.07, 4763.09, 4763.11,

198

4763.13, 4763.14, 4763.17, 4765.11, 4765.17,

199

4765.23, 4765.30, 4766.09, 4767.05, 4767.07,

200

4767.08, 4776.02, 4781.01, 4781.02, 4781.04,

201

4781.05, 4781.06, 4781.07, 4905.801, 4928.01,

202

5101.11, 5101.16, 5101.162, 5101.181, 5101.24,

203

5101.26, 5101.31, 5101.33, 5101.34, 5101.36,

204

5101.47, 5101.50, 5101.5212, 5101.5213, 5101.54,

205

5101.541, 5101.544, 5101.571, 5101.573, 5101.58,

206

5101.60, 5101.61, 5101.84, 5103.02, 5103.03,

207

5104.04, 5104.041, 5104.051, 5104.30, 5104.32,

208

5104.341, 5104.35, 5104.39, 5104.42, 5107.05,

209

5107.16, 5107.17, 5107.78, 5108.04, 5108.07,

210

5111.01, 5111.028, 5111.032, 5111.033,

211

5111.034, 5111.06, 5111.084, 5111.16, 5111.176,

212

5111.20, 5111.21, 5111.211, 5111.231, 5111.232,

213

5111.24, 5111.243, 5111.25, 5111.261, 5111.65,

214

5111.651, 5111.68, 5111.681, 5111.685, 5111.686,

215

5111.688, 5111.705, 5111.85, 5111.851,

216

5111.874, 5111.875, 5111.89, 5111.891,

217

5111.894, 5111.971, 5112.03, 5112.08, 5112.17,

218

5112.30, 5112.31, 5112.37, 5112.39, 5115.20,

219

5115.22, 5115.23, 5119.16, 5119.61, 5120.032,

220

5120.033, 5120.09, 5122.31, 5123.049, 5123.0412,

221

5123.0413, 5123.0417, 5123.19, 5126.044, 5126.05,

222

5126.054, 5126.055, 5126.0512, 5126.19,

223

5126.24, 5139.43, 5153.163, 5501.04, 5502.01,

224

5502.12, 5502.14, 5502.15, 5505.15, 5701.11,

225

5703.21, 5703.37, 5703.80, 5705.01, 5705.211,

226

5705.214, 5705.25, 5705.29, 5705.341, 5705.37,

227

5709.62, 5709.63, 5709.632, 5711.33, 5715.02,

228

5715.251, 5715.26, 5717.03, 5717.04, 5721.01,

229

5721.32, 5721.33, 5722.02, 5722.04, 5722.21,

230

5723.04, 5725.18, 5725.98, 5727.81, 5727.811,

231

5727.84, 5728.12, 5729.03, 5729.98, 5733.01,

232

5733.04, 5733.47, 5733.98, 5735.142, 5739.01,

233

5739.02, 5739.03, 5739.033, 5739.09, 5739.131,

234

5743.15, 5743.61, 5747.01, 5747.13, 5747.16,

235

5747.18, 5747.76, 5747.98, 5748.02, 5748.03,

236

5749.02, 5749.12, 5751.01, 5751.011, 5751.012,

237

5751.013, 5751.02, 5751.03, 5751.04, 5751.05,

238

5751.051, 5751.06, 5751.08, 5751.09, 5751.20,

239

5751.21, 5751.22, 5751.23, 5911.10, 5913.051,

240

5913.09, 6103.01, 6103.02, 6109.21, 6111.04,

241

6111.044, 6111.44, 6117.01, 6117.02, 6119.011,

242

and 6301.03; to amend, for the purpose of

243

adopting new section numbers as indicated in

244

parentheses, sections 173.43 (173.422),

245

1517.14 (1547.81), 1517.16 (1547.82), 1517.17

246

(1547.83), 1517.18, (1547.84), 3313.174 (3313.82),

247

3319.233 (3333.049), 5101.5110 (5101.5111),

248

5111.019 (5111.0120), and 5111.688 (5111.689);

249

to enact new sections 173.43, 3301.0712,

250

3319.222, 5101.5110, 5111.688, and 5112.371 and

251

sections 5.2265, 9.317, 103.24, 107.19, 111.26,

252

111.27, 121.375, 122.042, 122.12, 122.121,

253

122.85, 124.393, 124.821, 124.822, 124.86,

254

125.181, 125.20, 126.10, 126.50, 126.501,

255

126.502, 126.503, 126.504, 126.505, 126.506,

256

126.507, 131.38, 133.022, 148.05, 150.051,

257

153.013, 166.22, 166.28, 173.28, 173.402,

258

173.403, 173.421, 173.423, 173.424, 173.425,

259

173.431, 173.432, 173.433, 173.434, 173.501,

260

173.70, 175.052, 175.30, 175.31, 175.32, 305.20,

261

319.24, 717.25, 901.041, 901.91, 927.54,

262

943.031, 1321.521, 1321.522, 1321.531, 1321.532,

263

1321.533, 1321.534, 1321.535, 1321.536, 1321.552,

264

1321.591, 1321.592, 1321.593, 1321.594, 1322.022,

265

1322.023, 1322.024, 1322.025, 1322.065, 1547.02,

266

1547.85, 1547.86, 1547.87, 1733.252, 2505.122,

267

3119.371, 3301.041, 3301.076, 3301.0719,

268

3301.0721, 3301.122, 3301.60, 3301.61, 3301.62,

269

3301.63, 3301.64, 3301.82, 3301.90, 3301.95,

270

3304.181, 3304.182, 3306.01, 3306.011, 3306.012,

271

3306.02, 3306.03, 3306.04, 3306.05, 3306.051,

272

3306.052, 3306.06, 3306.07, 3306.08, 3306.09,

273

3306.091, 3306.10, 3306.11, 3306.12, 3306.13,

274

3306.18, 3306.19, 3306.191, 3306.192, 3306.21,

275

3306.22, 3306.25, 3306.29, 3306.291, 3306.292,

276

3306.30, 3306.31, 3306.33, 3306.34, 3306.35,

277

3306.40, 3306.50, 3306.51, 3306.52, 3306.53,

278

3306.54, 3306.55, 3306.56, 3306.57, 3306.58,

279

3310.15, 3311.0510, 3313.6015, 3313.719,

280

3313.821, 3313.822, 3313.83, 3313.86, 3314.028,

281

3314.088, 3314.44, 3317.018, 3318.312, 3319.223,

282

3319.611, 3319.612, 3319.70, 3319.71, 3321.041,

283

3326.39, 3333.048, 3333.39, 3333.391, 3333.392,

284

3333.90, 3334.111, 3345.36, 3353.09, 3353.20,

285

3354.24, 3365.12, 3375.79, 3701.0211, 3701.136,

286

3701.611, 3702.592, 3702.593, 3702.594,

287

3705.031, 3709.092, 3715.041, 3721.511, 3721.512,

288

3721.513, 3722.022, 3734.282, 3770.21, 3793.21,

289

3903.77, 3923.241, 3923.582, 3923.90, 3923.91,

290

4113.11, 4123.446, 4301.85, 4501.243, 4501.29,

291

4503.548, 4503.563, 4582.71, 4755.061, 4781.16,

292

4781.17, 4781.18, 4781.19, 4781.20, 4781.21,

293

4781.22, 4781.23, 4781.24, 4781.25, 4781.99,

294

5101.073, 5101.504, 5101.5210, 5101.542,

295

5111.0121, 5111.0210, 5111.092, 5111.233,

296

5111.236, 5111.262, 5111.861, 5111.88, 5111.881,

297

5111.882, 5111.883, 5111.884, 5111.885,

298

5111.886, 5111.887, 5111.888, 5111.889,

299

5111.8810, 5111.8811, 5112.40, 5112.41, 5112.42,

300

5112.43, 5112.44, 5112.45, 5112.46, 5112.47,

301

5112.48, 5119.613, 5119.621, 5123.193, 5123.197,

302

5155.38, 5505.152, 5525.26, 5537.051, 5705.219,

303

5705.2110, 5705.2111, 5725.33, 5729.16, 5733.58,

304

5733.59, 5739.051, 5747.66, 5751.014, 5911.11,

305

5919.20, 5919.36, and 6119.091; to repeal

306

sections 117.102, 173.71, 173.72, 173.721,

307

173.722, 173.723, 173.724, 173.73, 173.731,

308

173.732, 173.74, 173.741, 173.742, 173.75,

309

173.751, 173.752, 173.753, 173.76, 173.77,

310

173.771, 173.772, 173.773, 173.78, 173.79,

311

173.791, 173.80, 173.801, 173.802, 173.803,

312

173.81, 173.811, 173.812, 173.813, 173.814,

313

173.815, 173.82, 173.83, 173.831, 173.832,

314

173.833, 173.84, 173.85, 173.86, 173.861,

315

173.87, 173.871, 173.872, 173.873, 173.874,

316

173.875, 173.876, 173.88, 173.89, 173.891,

317

173.892, 173.90, 173.91, 905.38, 905.381,

318

905.66, 907.16, 927.74, 1504.01, 1504.02,

319

1504.03, 1504.04, 1517.15, 1521.02, 1711.58,

320

3301.0712, 3301.41, 3301.42, 3301.43, 3302.032,

321

3313.473, 3314.15, 3319.0810, 3319.222,

322

3319.23, 3319.261, 3319.302, 3319.304, 3333.27,

323

3701.77, 3701.771, 3701.772, 3701.93, 3701.931,

324

3701.932, 3701.933, 3701.934, 3701.935, 3701.936,

325

3702.511, 3702.523, 3702.527, 3702.528,

326

3702.529, 3702.542, 3704.143, 3724.01, 3724.02,

327

3724.021, 3724.03, 3724.04, 3724.05, 3724.06,

328

3724.07, 3724.08, 3724.09, 3724.10, 3724.11,

329

3724.12, 3724.13, 3724.99, 4517.052, 4517.27,

330

4735.22, 4735.23, 5101.072, 5103.54, 5111.263,

331

5112.371, 5115.10, 5115.11, 5112.12, 5115.13,

332

5115.14, 5145.32, and 5923.141 of the Revised

333

Code; to amend Sections 205.10, 321.10, 325.20,

334

and 327.10 of Am. Sub. H.B. 2 of the 128th

335

General Assembly; to amend Section 309.10 of

336

Am. Sub. H.B. 2 of the 128th General Assembly;

337

to amend Section 317.10 of Am. Sub. H.B. 2 of

338

the 128th General Assembly; to amend Sections

339

120.01 and 120.02 of Am. Sub. H.B. 119 of the

340

127th General Assembly; to amend Sections

341

103.80.80, 103.80.90, 301.10.50, and 301.30.30

342

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

343

amend Sections 301.20.20 and 301.60.50 of H.B.

344

496 of the 127th General Assembly, as

345

subsequently amended; to amend Section 11 of Am.

346

Sub. H.B. 554 of the 127th General Assembly; to

347

amend Sections 233.30.20, 233.30.50, 233.40.30,

348

235.10, and 701.20 of H.B. 562 of the 127th

349

General Assembly; to amend Sections 227.10 and

350

233.50.80 of H.B. 562 of the 127th General

351

Assembly, as subsequently amended; to amend

352

Sections 217.11 and 231.20.30 of Am. Sub. H.B.

353

562 of the 127th General Assembly, as

354

subsequently amended; to amend Section 831.06 of

355

H.B. 530 of the 126th General Assembly; to amend

356

Section 4 of H.B. 516 of the 125th General

357

Assembly, as subsequently amended; to amend

358

Section 6 of H.B. 364 of the 124th General

359

Assembly and to amend Section 6 of H.B. 364 of the

360

124th General Assembly to codify the Section as

361

section 3314.027 of the Revised Code; to amend

362

Section 153 of Am. Sub. H.B. 117 of the 121st

363

General Assembly, as subsequently amended; to

364

repeal Section 3 of Am. Sub. H.B. 203 of the

365

126th General Assembly; to repeal Section 325.05

366

of Am. Sub. H.B. 2 of the 128th General

367

Assembly; to further amend sections 711.001,

368

711.05, 711.10, 711.131, 4736.01, 6111.04, and

369

6111.44 of the Revised Code effective January 1,

370

2010; to amend the version of section 2949.111

371

of the Revised Code that is scheduled to take

372

effect January 1, 2010, to continue the

373

provisions of this act on and after that

374

effective date; to amend the version of section

375

5739.033 of the Revised Code that is scheduled

376

to take effect January 1, 2010, to continue the

377

provisions of this act on and after that

378

effective date; to repeal sections 5112.40,

379

5112.41, 5112.42, 5112.43, 5112.44, 5112.45,

380

5112.46, 5112.47, and 5112.48 of the Revised Code,

381

effective October 1, 2011; to repeal the version

382

of sections 1753.53 and 3923.38 of the Revised

383

Code that were scheduled to take effect January 1,

384

2010; to make operating appropriations for the

385

biennium beginning July 1, 2009, and ending June

386

30, 2011, and to provide authorization and

387

conditions for the operation of state programs.

388

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

Section 101.01. That sections 7.12, 9.06, 9.24, 9.314,	389
101.34, 101.72, 102.02, 105.41, 107.21, 107.40, 109.57,	390
109.572, 109.73, 109.731, 109.742, 109.744, 109.751, 109.761,	391
109.77, 109.802, 109.803, 117.13, 118.05, 120.08, 121.04,	392
121.07, 121.08, 121.083, 121.084, 121.31, 121.37, 121.40,	393
121.401, 121.402, 122.011, 122.05, 122.051, 122.075, 122.151,	394
122.17, 122.171, 122.40, 122.603, 122.71, 122.751, 122.76,	395
122.89, 123.01, 124.03, 124.04, 124.07, 124.11, 124.134,	396
124.14, 124.152, 124.181, 124.183, 124.22, 124.23, 124.27,	397
124.321, 124.324, 124.325, 124.34, 124.381, 124.382, 124.385,	398
124.386, 124.392, 124.81, 125.11, 125.18, 125.831, 126.05,	399
126.21, 126.35, 127.16, 131.23, 131.33, 133.01, 133.02, 133.06,	400
133.18, 133.20, 133.21, 133.34, 135.03, 135.06, 135.08, 135.32,	401
141.04, 145.012, 145.298, 148.02, 148.04, 149.43, 149.45,	402
150.01, 150.02, 150.03, 150.04, 150.05, 150.07, 152.09, 152.10,	403
152.12, 152.15, 152.33, 156.01, 156.02, 156.03, 156.04, 166.02,	404
166.07, 166.08, 166.11, 166.25, 169.08, 173.08, 173.35,	405
173.392, 173.40, 173.401, 173.42, 173.43, 173.50, 173.71,	406
173.76, 173.99, 174.02, 174.03, 174.06, 175.01, 176.05,	407
303.213, 307.626, 307.629, 307.79, 311.17, 311.42, 319.28,	408
319.301, 319.302, 319.54, 321.24, 321.261, 323.01, 323.121,	409
323.156, 323.73, 323.74, 323.77, 323.78, 329.03, 329.04, 329.042,	410
329.051, 329.06, 340.033, 343.01, 351.01, 351.021, 504.21, 505.82,	411
711.001, 711.05, 711.10, 711.131, 718.04, 721.15, 901.20,	412
901.32, 901.43, 903.082, 903.11, 903.25, 905.32, 905.33,	413
905.331, 905.36, 905.50, 905.51, 905.52, 905.56, 907.13,	414
907.14, 907.30, 907.31, 915.24, 918.08, 918.28, 921.02, 921.06,	415
921.09, 921.11, 921.13, 921.16, 921.22, 921.27, 921.29,	416
923.44, 923.46, 927.51, 927.52, 927.53, 927.56, 927.69,	417
927.70, 927.701, 927.71, 942.01, 942.02, 942.06, 942.13, 943.01,	418
943.02, 943.04, 943.05, 943.06, 943.07, 943.13, 943.14, 943.16,	419
953.21, 953.22, 953.23, 955.201, 1321.20, 1321.51, 1321.52,	420
1321.53, 1321.54, 1321.55, 1321.551, 1321.57, 1321.59, 1321.60,	421
1321.99, 1322.01, 1322.02, 1322.03, 1322.031, 1322.04,	422
1322.041, 1322.05, 1322.051, 1322.052, 1322.06, 1322.061,	423
1322.062, 1322.063, 1322.064, 1322.07, 1322.071, 1322.072,	424
1322.074, 1322.075, 1322.08, 1322.081, 1322.09, 1322.10, 1322.11,	425
1322.99, 1332.24, 1332.25, 1343.011, 1345.01, 1345.05, 1345.09,	426
1347.08, 1349.31, 1349.43, 1501.01, 1501.05, 1501.07, 1501.30,	427
1502.12, 1506.01, 1507.01, 1511.01, 1511.02, 1511.021,	428
1511.022, 1511.03, 1511.04, 1511.05, 1511.06, 1511.07,	429
1511.071, 1511.08, 1514.08, 1514.10, 1514.13, 1515.08, 1515.14,	430
1515.183, 1517.02, 1517.10, 1517.11, 1517.14, 1517.16, 1517.17,	431
1517.18, 1519.03, 1520.02, 1520.03, 1521.03, 1521.031, 1521.04,	432
1521.05, 1521.06, 1521.061, 1521.062, 1521.063, 1521.064,	433
1521.07, 1521.10, 1521.11, 1521.12, 1521.13, 1521.14, 1521.15,	434
1521.16, 1521.18, 1521.19, 1523.01, 1523.02, 1523.03,	435
1523.04, 1523.05, 1523.06, 1523.07, 1523.08, 1523.09, 1523.10,	436
1523.11, 1523.12, 1523.13, 1523.14, 1523.15, 1523.16, 1523.17,	437
1523.18, 1523.19, 1523.20, 1533.11, 1541.03, 1547.01, 1547.51,	438
1547.52, 1547.531, 1547.54, 1547.542, 1547.73, 1547.99, 1548.10,	439
1707.17, 1707.18, 1707.37, 1710.01, 1710.02, 1710.03, 1710.04,	440
1710.06, 1710.07, 1710.10, 1710.13, 1721.211, 1724.02, 1724.04,	441
1733.26, 1739.05, 1751.03, 1751.04, 1751.05, 1751.14, 1751.15,	442
1751.16, 1751.18, 1751.19, 1751.32, 1751.321, 1751.34, 1751.35,	443
1751.36, 1751.45, 1751.46, 1751.48, 1751.831, 1751.84,	444
1751.85, 1753.09, 1901.121, 1901.26, 1901.31, 1907.14,	445
1907.24, 2101.01, 2301.02, 2301.03, 2303.201, 2305.234, 2317.422,	446
2503.17, 2505.09, 2505.12, 2743.51, 2744.05, 2903.214, 2903.33,	447
2907.27, 2911.21, 2913.46, 2915.01, 2921.13, 2921.51, 2923.125,	448
2923.1210, 2923.1213, 2923.16, 2937.22, 2949.091, 2949.111,	449
2949.17, 2981.13, 3105.87, 3111.04, 3119.01, 3119.54, 3121.03,	450
3121.035, 3121.037, 3121.0311, 3121.19, 3121.20, 3121.898,	451
3123.952, 3125.25, 3301.07, 3301.075, 3301.079, 3301.0710,	452
3301.0711, 3301.0714, 3301.0715, 3301.0716, 3301.0718, 3301.12,	453
3301.16, 3301.42, 3301.46, 3301.55, 3301.57, 3302.01, 3302.02,	454
3302.021, 3302.03, 3302.031, 3302.05, 3302.07, 3304.16, 3304.231,	455
3307.31, 3307.64, 3309.41, 3309.48, 3309.51, 3310.03, 3310.08,	456
3310.09, 3310.11, 3310.14, 3310.41, 3311.059, 3311.06, 3311.19,	457
3311.21, 3311.29, 3311.52, 3311.76, 3313.483, 3313.53, 3313.532,	458
3313.536, 3313.55, 3313.60, 3313.602, 3313.603, 3313.605,	459
3313.608, 3313.6013, 3313.61, 3313.611, 3313.612, 3313.614,	460
3313.615, 3313.64, 3313.642, 3313.6410, 3313.65, 3313.713,	461
3313.843, 3313.976, 3313.978, 3313.98, 3313.981, 3314.012,	462
3314.015, 3314.016, 3314.02, 3314.021, 3314.03, 3314.08,	463
3314.085, 3314.087, 3314.091, 3314.10, 3314.13, 3314.19, 3314.25,	464
3314.26, 3314.35, 3314.36, 3315.37, 3316.041, 3316.06, 3316.20,	465
3317.01, 3317.011, 3317.013, 3317.02, 3317.021, 3317.022,	466
3317.023, 3317.024, 3317.025, 3317.0210, 3317.0211, 3317.0216,	467
3317.03, 3317.031, 3317.04, 3317.061, 3317.063, 3317.08,	468
3317.081, 3317.082, 3317.12, 3317.16, 3317.18, 3317.20, 3317.201,	469
3318.011, 3318.051, 3318.061, 3318.36, 3318.38, 3318.44,	470
3319.073, 3319.08, 3319.081, 3319.088, 3319.11, 3319.151,	471
3319.16, 3319.161, 3319.22, 3319.221, 3319.233, 3319.234,	472
3319.235, 3319.24, 3319.25, 3319.26, 3319.28, 3319.291,	473
3319.303, 3319.36, 3319.391, 3319.41, 3319.51, 3319.56,	474
3319.57, 3319.60, 3319.61, 3319.63, 3321.01, 3321.05, 3323.05,	475
3323.091, 3323.14, 3323.142, 3324.05, 3325.08, 3326.02, 3326.03,	476
3326.04, 3326.05, 3326.06, 3326.07, 3326.08, 3326.11, 3326.14,	477
3326.20, 3326.23, 3326.33, 3326.36, 3326.37, 3326.51, 3327.02,	478
3327.04, 3327.05, 3327.10, 3329.16, 3333.04, 3333.122, 3333.123,	479
3333.16, 3333.28, 3333.35, 3333.38, 3333.42, 3333.61, 3333.62,	480
3333.66, 3334.03, 3334.07, 3334.08, 3334.11, 3334.12, 3343.04,	481
3345.011, 3345.062, 3345.12, 3345.32, 3345.61, 3345.62,	482
3345.63, 3345.64, 3345.65, 3345.66, 3349.242, 3351.07, 3354.26,	483
3365.01, 3365.04, 3365.041, 3365.07, 3365.08, 3365.09, 3365.10,	484
3501.17, 3503.18, 3503.21, 3701.045, 3701.07, 3701.242, 3701.247,	485
3701.344, 3701.78, 3702.30, 3702.51, 3702.52, 3702.524,	486
3702.525, 3702.53, 3702.532, 3702.54, 3702.544, 3702.55,	487
3702.57, 3702.59, 3702.60, 3702.61, 3702.74, 3702.87, 3702.89,	488
3702.90, 3702.91, 3702.92, 3702.93, 3702.94, 3703.01, 3703.03,	489
3703.04, 3703.05, 3703.06, 3703.07, 3703.08, 3703.10, 3703.21,	490
3703.99, 3704.03, 3704.14, 3704.144, 3705.03, 3705.24, 3706.04,	491
3706.25, 3707.26, 3709.09, 3712.01, 3712.03, 3713.01, 3713.02,	492
3713.03, 3713.04, 3713.05, 3713.06, 3713.07, 3713.08, 3713.09,	493
3713.10, 3714.03, 3714.07, 3715.87, 3715.871, 3715.873, 3717.07,	494
3717.23, 3717.25, 3717.43, 3717.45, 3718.03, 3718.06, 3721.01,	495
3721.02, 3721.071, 3721.23, 3721.50, 3721.51, 3721.53, 3721.55,	496
3721.56, 3722.01, 3722.011, 3722.02, 3722.021, 3722.04,	497
3722.041, 3722.05, 3722.06, 3722.08, 3722.09, 3722.10,	498
3722.13, 3722.14, 3722.15, 3722.16, 3722.17, 3722.18, 3722.99,	499
3727.02, 3729.07, 3733.02, 3733.04, 3733.25, 3733.43, 3734.05,	500
3734.28, 3734.281, 3734.53, 3734.57, 3734.573, 3734.82,	501
3734.901, 3734.9010, 3737.71, 3743.04, 3743.25, 3745.015,	502
3745.05, 3745.11, 3748.01, 3748.04, 3748.07, 3748.12, 3748.13,	503
3749.04, 3767.41, 3770.03, 3770.05, 3773.35, 3773.36, 3773.43,	504
3773.45, 3773.53, 3781.03, 3781.07, 3781.10, 3781.102, 3781.11,	505
3781.12, 3781.19, 3783.05, 3791.02, 3791.04, 3791.05, 3791.07,	506
3793.02, 3793.04, 3901.381, 3901.3812, 3923.021, 3923.022,	507
3923.11, 3923.122, 3923.24, 3923.58, 3923.581, 3923.66, 3923.67,	508
3923.68, 3923.75, 3923.76, 3923.77, 3924.06, 3929.43, 3937.41,	509
3951.01, 4104.01, 4104.02, 4104.06, 4104.07, 4104.08, 4104.09,	510
4104.10, 4104.101, 4104.12, 4104.15, 4104.16, 4104.17, 4104.18,	511
4104.19, 4104.21, 4104.33, 4104.42, 4104.43, 4104.44, 4104.48,	512
4105.01, 4105.02, 4105.03, 4105.04, 4105.05, 4105.06, 4105.09,	513
4105.11, 4105.12, 4105.13, 4105.15, 4105.16, 4105.17, 4105.191,	514
4105.20, 4105.21, 4112.01, 4112.04, 4112.05, 4112.051, 4117.01,	515
4117.02, 4117.07, 4117.12, 4117.24, 4123.27, 4141.01, 4141.08,	516
4141.162, 4141.31, 4169.02, 4169.03, 4169.04, 4171.04, 4301.333,	517
4301.334, 4301.351, 4301.354, 4301.355, 4301.356, 4301.361,	518
4301.364, 4301.365, 4301.366, 4301.43, 4303.181, 4303.182,	519
4303.331, 4501.06, 4501.24, 4501.271, 4503.068, 4503.10,	520
4503.103, 4503.182, 4503.19, 4503.191, 4503.235, 4503.40,	521
4503.42, 4503.44, 4505.01, 4505.06, 4505.062, 4505.09,	522
4505.111, 4505.181, 4505.20, 4507.02, 4507.03, 4507.23, 4507.24,	523
4507.45, 4509.101, 4510.11, 4510.12, 4510.16, 4510.22,	524
4511.191, 4511.69, 4513.021, 4513.03, 4513.04, 4513.05,	525
4513.06, 4513.07, 4513.071, 4513.09, 4513.11, 4513.111,	526
4513.12, 4513.13, 4513.14, 4513.15, 4513.16, 4513.17, 4513.171,	527
4513.18, 4513.19, 4513.21, 4513.22, 4513.23, 4513.24, 4513.242,	528
4513.28, 4513.60, 4513.65, 4513.99, 4517.01, 4517.02, 4517.03,	529
4517.30, 4517.33, 4517.43, 4519.02, 4519.03, 4519.04, 4519.44,	530
4519.59, 4549.10, 4549.12, 4582.07, 4582.08, 4582.32, 4582.33,	531
4709.12, 4713.32, 4713.63, 4713.64, 4717.31, 4729.42, 4729.99,	532
4731.10, 4731.26, 4731.38, 4731.65, 4731.71, 4733.10, 4734.25,	533
4735.06, 4735.09, 4735.12, 4735.13, 4735.15, 4736.01, 4740.03,	534
4740.11, 4740.14, 4741.41, 4741.44, 4741.45, 4741.46, 4751.07,	535
4755.06, 4755.12, 4757.10, 4757.31, 4757.36, 4763.01,	536
4763.03, 4763.04, 4763.05, 4763.06, 4763.07, 4763.09, 4763.11,	537
4763.13, 4763.14, 4763.17, 4765.11, 4765.17, 4765.23, 4765.30,	538
4766.09, 4767.05, 4767.07, 4767.08, 4776.02, 4781.01,	539
4781.02, 4781.04, 4781.05, 4781.06, 4781.07, 4905.801,	540
4928.01, 5101.11, 5101.16, 5101.162, 5101.181, 5101.24, 5101.26,	541
5101.31, 5101.33, 5101.34, 5101.36, 5101.47, 5101.50,	542
5101.5212, 5101.5213, 5101.54, 5101.541, 5101.544, 5101.571,	543
5101.573, 5101.58, 5101.60, 5101.61, 5101.84, 5103.02, 5103.03,	544
5104.04, 5104.041, 5104.051, 5104.30, 5104.32, 5104.341, 5104.35,	545
5104.39, 5104.42, 5107.05, 5107.16, 5107.17, 5107.78, 5108.04,	546
5108.07, 5111.01, 5111.028, 5111.032, 5111.033, 5111.034,	547
5111.06, 5111.084, 5111.16, 5111.176, 5111.20, 5111.21,	548
5111.211, 5111.231, 5111.232, 5111.24, 5111.243, 5111.25,	549
5111.261, 5111.65, 5111.651, 5111.68, 5111.681, 5111.685,	550
5111.686, 5111.688, 5111.705, 5111.85, 5111.851, 5111.874,	551
5111.875, 5111.89, 5111.891, 5111.894, 5111.971, 5112.03,	552
5112.08, 5112.17, 5112.30, 5112.31, 5112.37, 5112.39, 5115.20,	553
5115.22, 5115.23, 5119.16, 5119.61, 5120.032, 5120.033, 5120.09,	554
5122.31, 5123.049, 5123.0412, 5123.0413, 5123.0417, 5123.19,	555
5126.044, 5126.05, 5126.054, 5126.055, 5126.0512, 5126.19,	556
5126.24, 5139.43, 5153.163, 5501.04, 5502.01, 5502.12, 5502.14,	557
5502.15, 5505.15, 5701.11, 5703.21, 5703.37, 5703.80, 5705.01,	558
5705.211, 5705.214, 5705.25, 5705.29, 5705.341, 5705.37,	559
5709.62, 5709.63, 5709.632, 5711.33, 5715.02, 5715.251,	560
5715.26, 5717.03, 5717.04, 5721.01, 5721.32, 5721.33, 5722.02,	561
5722.04, 5722.21, 5723.04, 5725.18, 5725.98, 5727.81, 5727.811,	562
5727.84, 5728.12, 5729.03, 5729.98, 5733.01, 5733.04,	563
5733.47, 5733.98, 5735.142, 5739.01, 5739.02, 5739.03,	564
5739.033, 5739.09, 5739.131, 5743.15, 5743.61, 5747.01,	565
5747.13, 5747.16, 5747.18, 5747.76, 5747.98, 5748.02, 5748.03,	566
5749.02, 5749.12, 5751.01, 5751.011, 5751.012, 5751.013,	567
5751.02, 5751.03, 5751.04, 5751.05, 5751.051, 5751.06,	568
5751.08, 5751.09, 5751.20, 5751.21, 5751.22, 5751.23, 5911.10,	569
5913.051, 5913.09, 6103.01, 6103.02, 6109.21, 6111.04,	570
6111.044, 6111.44, 6117.01, 6117.02, 6119.011, and 6301.03 be	571
amended; sections 173.43 (173.422), 1517.14 (1547.81), 1517.16	572
(1547.82), 1517.17 (1547.83), 1517.18 (1547.84), 3313.174	573
(3313.82), 3319.233 (3333.049), 5101.5110 (5101.5111),	574
5111.019 (5111.0120), and 5111.688 (5111.689) be amended for	575
the purpose of adopting new section numbers as indicated in	576
parentheses; new sections 173.43, 3301.0712, 3319.222,	577
5101.5110, 5111.688, and 5112.371 and sections 5.2265, 9.317,	578
103.24, 107.19, 111.26, 111.27, 121.375, 122.042, 122.12,	579
122.121, 122.85, 124.393, 124.821, 124.822, 124.86, 125.181,	580
125.20, 126.10, 126.50, 126.501, 126.502, 126.503, 126.504,	581
126.505, 126.506, 126.507, 131.38, 133.022, 148.05, 150.051,	582
153.013, 166.22, 166.28, 173.28, 173.402, 173.403, 173.421,	583
173.423, 173.424, 173.425, 173.431, 173.432, 173.433, 173.434,	584
173.501, 173.70, 175.052, 175.30, 175.31, 175.32, 305.20, 319.24,	585
717.25, 901.041, 901.91, 927.54, 943.031, 1321.521, 1321.522,	586
1321.531, 1321.532, 1321.533, 1321.534, 1321.535, 1321.536,	587
1321.552, 1321.591, 1321.592, 1321.593, 1321.594, 1322.022,	588
1322.023, 1322.024, 1322.025, 1322.065, 1547.02, 1547.85,	589
1547.86, 1547.87, 1733.252, 2505.122, 3119.371, 3301.041,	590
3301.076, 3301.0719, 3301.0721, 3301.122, 3301.60, 3301.61,	591
3301.62, 3301.63, 3301.64, 3301.82, 3301.90, 3301.95, 3304.181,	592
3304.182, 3306.01, 3306.011, 3306.012, 3306.02, 3306.03, 3306.04,	593
3306.05, 3306.051, 3306.052, 3306.06, 3306.07, 3306.08, 3306.09,	594
3306.091, 3306.10, 3306.11, 3306.12, 3306.13, 3306.18, 3306.19,	595
3306.191, 3306.192, 3306.21, 3306.22, 3306.25, 3306.29, 3306.291,	596
3306.292, 3306.30, 3306.31, 3306.33, 3306.34, 3306.35, 3306.40,	597
3306.50, 3306.51, 3306.52, 3306.53, 3306.54, 3306.55, 3306.56,	598
3306.57, 3306.58, 3310.15, 3311.0510, 3313.6015, 3313.719,	599
3313.821, 3313.822, 3313.83, 3313.86, 3314.028, 3314.088, 3314.44,	600
3317.018, 3318.312, 3319.223, 3319.611, 3319.612, 3319.70,	601
3319.71, 3321.041, 3326.39, 3333.048, 3333.39, 3333.391,	602
3333.392, 3333.90, 3334.111, 3345.36, 3353.09, 3353.20, 3354.24,	603
3365.12, 3375.79, 3701.0211, 3701.136, 3701.611, 3702.592,	604
3702.593, 3702.594, 3705.031, 3709.092, 3715.041, 3721.511,	605
3721.512, 3721.513, 3722.022, 3734.282, 3770.21, 3793.21,	606
3903.77, 3923.241, 3923.582, 3923.90, 3923.91, 4113.11,	607
4123.446, 4301.85, 4501.243, 4501.29, 4503.548, 4503.563,	608
4582.71, 4755.061, 4781.16, 4781.17, 4781.18, 4781.19, 4781.20,	609
4781.21, 4781.22, 4781.23, 4781.24, 4781.25, 4781.99,	610
5101.073, 5101.504, 5101.5210, 5101.542, 5111.0121, 5111.0210,	611
5111.092, 5111.233, 5111.236, 5111.262, 5111.861, 5111.88,	612
5111.881, 5111.882, 5111.883, 5111.884, 5111.885, 5111.886,	613
5111.887, 5111.888, 5111.889, 5111.8810, 5111.8811, 5112.40,	614
5112.41, 5112.42, 5112.43, 5112.44, 5112.45, 5112.46, 5112.47,	615
5112.48, 5119.613, 5119.621, 5123.193, 5123.197, 5155.38,	616
5505.152, 5525.26, 5537.051, 5705.219, 5705.2110, 5705.2111,	617
5725.33, 5729.16, 5733.58, 5733.59, 5739.051, 5747.66,	618
5751.014, 5911.11, 5919.20, 5919.36, and 6119.091 of the Revised	619
Code be enacted; and Section 6 of H.B. 364 of the 124th General	620
Assembly be amended and Section 6 of H.B. 364 of the 124th General	621
Assembly be amended to codify as section 3314.027 of the Revised	622
Code to read as follows:	623

Sec. 5.2265. The month of August is designated as "Ohio	624
Military Family Month."	625

Sec. 7.12. Whenever any legal publication is required by law	626
to be made in a newspaper published in a municipal corporation,	627
county, or other political subdivision, the newspaper shall also	628
be a newspaper of general circulation in the municipal	629
corporation, county, or other political subdivision, without	630
further restriction or limitation upon a selection of the	631
newspaper to be used. If no newspaper is published in such	632
municipal corporation, county, or other political subdivision,	633
such legal publication shall be made in any newspaper of general	634
circulation therein. If there are less than two newspapers	635
published in any municipal corporation, county, or other political	636
subdivision in the manner defined by this section, then any legal	637
publication required by law to be made in a newspaper published in	638
a municipal corporation, county, or other political subdivision	639
may be made in any newspaper regularly issued at stated intervals	640
from a known office of publication located within the municipal	641
corporation, county, or other political subdivision. As used in	642
this section, a known office of publication is a public office	643
where the business of the newspaper is transacted during the usual	644
business hours, and such office shall be shown by the publication	645
itself.	646

In addition to all other requirements, a newspaper or	647
newspaper of general circulation, except those publications	648
performing the functions described in section 2701.09 of the	649
Revised Code for a period of one year immediately preceding any	650
such publication required to be made, shall be a publication	651
bearing a title or name, regularly issued as frequently as once a	652
week ~~for a definite price or consideration paid for by not less~~	653
~~than fifty per cent of those to whom distribution is made, having~~	654
~~a second class mailing privilege~~, being not less than four pages,	655
published continuously during the immediately preceding one-year	656
period, and circulated generally in the political subdivision in	657
which it is published. Such publication must be of a type to which	658
the general public resorts for passing events of a political,	659
religious, commercial, and social nature, current happenings,	660
announcements, miscellaneous reading matter, advertisements, and	661
other notices, that has at least twenty-five per cent editorial,	662
nonadvertising content, exclusive of inserts, measured relative to	663
total publication space, and an audited circulation to at least	664
fifty per cent of the households in the newspaper's retail trade	665
zone as defined by the audit.	666

Any notice required to be published in a newspaper of general	667
circulation may appear on an insert placed in such a newspaper. A	668
responsible party who is required to publish such a notice shall	669
consider various advertising media to determine which media might	670
reach the intended public most broadly. The responsible party need	671
publish the notice in only one qualified medium to meet the	672
requirements of law.	673

Sec. 9.06. (A)(1) The department of rehabilitation and	674
correction ~~shall~~may contract for the private operation and	675
management pursuant to this section of the initial intensive	676
program prison established pursuant to section 5120.033 of the	677
Revised Code, if one or more intensive program prisons are	678
established under that section, and may contract for the private	679
operation and management of any other facility under this section.	680
Counties and municipal corporations to the extent authorized in	681
sections 307.93, 341.35, 753.03, and 753.15 of the Revised Code,	682
may contract for the private operation and management of a	683
facility under this section. A contract entered into under this	684
section shall be for an initial term of not more than two years,	685
with an option to renew for additional periods of two years.	686

(2) The department of rehabilitation and correction, by rule,	687
shall adopt minimum criteria and specifications that a person or	688
entity, other than a person or entity that satisfies the criteria	689
set forth in division (A)(3)(a) of this section and subject to	690
division (I) of this section, must satisfy in order to apply to	691
operate and manage as a contractor pursuant to this section the	692
initial intensive program prison established pursuant to section	693
5120.033 of the Revised Code, if one or more intensive program	694
prisons are established under that section.	695

(3) Subject to division (I) of this section, any person or	696
entity that applies to operate and manage a facility as a	697
contractor pursuant to this section shall satisfy one or more of	698
the following criteria:	699

(a) The person or entity is accredited by the American	700
correctional association and, at the time of the application,	701
operates and manages one or more facilities accredited by the	702
American correctional association.	703

(b) The person or entity satisfies all of the minimum	704
criteria and specifications adopted by the department of	705
rehabilitation and correction pursuant to division (A)(2) of this	706
section, provided that this alternative shall be available only in	707
relation to the initial intensive program prison established	708
pursuant to section 5120.033 of the Revised Code, if one or more	709
intensive program prisons are established under that section.	710

(4) Subject to division (I) of this section, before a public	711
entity may enter into a contract under this section, the	712
contractor shall convincingly demonstrate to the public entity	713
that it can operate the facility with the inmate capacity required	714
by the public entity and provide the services required in this	715
section and realize at least a five per cent savings over the	716
projected cost to the public entity of providing these same	717
services to operate the facility that is the subject of the	718
contract. No out-of-state prisoners may be housed in any facility	719
that is the subject of a contract entered into under this section.	720

(B) Subject to division (I) of this section, any contract	721
entered into under this section shall include all of the	722
following:	723

(1) A requirement that the contractor retain the contractor's	724
accreditation from the American correctional association	725
throughout the contract term or, if the contractor applied	726
pursuant to division (A)(3)(b) of this section, continue complying	727
with the applicable criteria and specifications adopted by the	728
department of rehabilitation and correction pursuant to division	729
(A)(2) of this section;	730

(2) A requirement that all of the following conditions be	731
met:	732

(a) The contractor begins the process of accrediting the	733
facility with the American correctional association no later than	734
sixty days after the facility receives its first inmate.	735

(b) The contractor receives accreditation of the facility	736
within twelve months after the date the contractor applies to the	737
American correctional association for accreditation.	738

(c) Once the accreditation is received, the contractor	739
maintains it for the duration of the contract term.	740

(d) If the contractor does not comply with divisions	741
(B)(2)(a) to (c) of this section, the contractor is in violation	742
of the contract, and the public entity may revoke the contract at	743
its discretion.	744

(3) A requirement that the contractor comply with all rules	745
promulgated by the department of rehabilitation and correction	746
that apply to the operation and management of correctional	747
facilities, including the minimum standards for jails in Ohio and	748
policies regarding the use of force and the use of deadly force,	749
although the public entity may require more stringent standards,	750
and comply with any applicable laws, rules, or regulations of the	751
federal, state, and local governments, including, but not limited	752
to, sanitation, food service, safety, and health regulations. The	753
contractor shall be required to send copies of reports of	754
inspections completed by the appropriate authorities regarding	755
compliance with rules and regulations to the director of	756
rehabilitation and correction or the director's designee and, if	757
contracting with a local public entity, to the governing authority	758
of that entity.	759

(4) A requirement that the contractor report for	760
investigation all crimes in connection with the facility to the	761
public entity, to all local law enforcement agencies with	762
jurisdiction over the place at which the facility is located, and,	763
for a crime committed at a state correctional institution, to the	764
state highway patrol;	765

(5) A requirement that the contractor immediately report all	766
escapes from the facility, and the apprehension of all escapees,	767
by telephone and in writing to all local law enforcement agencies	768
with jurisdiction over the place at which the facility is located,	769
to the prosecuting attorney of the county in which the facility is	770
located, to the state highway patrol, to a daily newspaper having	771
general circulation in the county in which the facility is	772
located, and, if the facility is a state correctional institution,	773
to the department of rehabilitation and correction. The written	774
notice may be by either facsimile transmission or mail. A failure	775
to comply with this requirement regarding an escape is a violation	776
of section 2921.22 of the Revised Code.	777

(6) A requirement that, if the facility is a state	778
correctional institution, the contractor provide a written report	779
within specified time limits to the director of rehabilitation and	780
correction or the director's designee of all unusual incidents at	781
the facility as defined in rules promulgated by the department of	782
rehabilitation and correction or, if the facility is a local	783
correctional institution, that the contractor provide a written	784
report of all unusual incidents at the facility to the governing	785
authority of the local public entity;	786

(7) A requirement that the contractor maintain proper control	787
of inmates' personal funds pursuant to rules promulgated by the	788
department of rehabilitation and correction, for state	789
correctional institutions, or pursuant to the minimum standards	790
for jails along with any additional standards established by the	791
local public entity, for local correctional institutions, and that	792
records pertaining to these funds be made available to	793
representatives of the public entity for review or audit;	794

(8) A requirement that the contractor prepare and distribute	795
to the director of rehabilitation and correction or, if	796
contracting with a local public entity, to the governing authority	797
of the local entity, annual budget income and expenditure	798
statements and funding source financial reports;	799

(9) A requirement that the public entity appoint and	800
supervise a full-time contract monitor, that the contractor	801
provide suitable office space for the contract monitor at the	802
facility, and that the contractor allow the contract monitor	803
unrestricted access to all parts of the facility and all records	804
of the facility except the contractor's financial records;	805

(10) A requirement that if the facility is a state	806
correctional institution, designated department of rehabilitation	807
and correction staff members be allowed access to the facility in	808
accordance with rules promulgated by the department;	809

(11) A requirement that the contractor provide internal and	810
perimeter security as agreed upon in the contract;	811

(12) If the facility is a state correctional institution, a	812
requirement that the contractor impose discipline on inmates	813
housed in a state correctional institution, only in accordance	814
with rules promulgated by the department of rehabilitation and	815
correction;	816

(13) A requirement that the facility be staffed at all times	817
with a staffing pattern approved by the public entity and adequate	818
both to ensure supervision of inmates and maintenance of security	819
within the facility, and to provide for programs, transportation,	820
security, and other operational needs. In determining security	821
needs, the contractor shall be required to consider, among other	822
things, the proximity of the facility to neighborhoods and	823
schools.	824

(14) If the contract is with a local public entity, a	825
requirement that the contractor provide services and programs,	826
consistent with the minimum standards for jails promulgated by the	827
department of rehabilitation and correction under section 5120.10	828
of the Revised Code;	829

(15) A clear statement that no immunity from liability	830
granted to the state, and no immunity from liability granted to	831
political subdivisions under Chapter 2744. of the Revised Code,	832
shall extend to the contractor or any of the contractor's	833
employees;	834

(16) A statement that all documents and records relevant to	835
the facility shall be maintained in the same manner required for,	836
and subject to the same laws, rules, and regulations as apply to,	837
the records of the public entity;	838

(17) Authorization for the public entity to impose a fine on	839
the contractor from a schedule of fines included in the contract	840
for the contractor's failure to perform its contractual duties, or	841
to cancel the contract, as the public entity considers	842
appropriate. If a fine is imposed, the public entity may reduce	843
the payment owed to the contractor pursuant to any invoice in the	844
amount of the imposed fine.	845

(18) A statement that all services provided or goods produced	846
at the facility shall be subject to the same regulations, and the	847
same distribution limitations, as apply to goods and services	848
produced at other correctional institutions;	849

(19) Authorization for the department to establish one or	850
more prison industries at a facility operated and managed by a	851
contractor for the department;	852

(20) A requirement that, if the facility is an intensive	853
program prison established pursuant to section 5120.033 of the	854
Revised Code, the facility shall comply with all criteria for	855
intensive program prisons of that type that are set forth in that	856
section;	857

(21) If the institution is a state correctional institution,	858
a requirement that the contractor provide clothing for all inmates	859
housed in the facility that is conspicuous in its color, style, or	860
color and style, that conspicuously identifies its wearer as an	861
inmate, and that is readily distinguishable from clothing of a	862
nature that normally is worn outside the facility by non-inmates,	863
that the contractor require all inmates housed in the facility to	864
wear the clothing so provided, and that the contractor not permit	865
any inmate, while inside or on the premises of the facility or	866
while being transported to or from the facility, to wear any	867
clothing of a nature that does not conspicuously identify its	868
wearer as an inmate and that normally is worn outside the facility	869
by non-inmates.	870

(C) No contract entered into under this section may require,	871
authorize, or imply a delegation of the authority or	872
responsibility of the public entity to a contractor for any of the	873
following:	874

(1) Developing or implementing procedures for calculating	875
inmate release and parole eligibility dates and recommending the	876
granting or denying of parole, although the contractor may submit	877
written reports that have been prepared in the ordinary course of	878
business;	879

(2) Developing or implementing procedures for calculating and	880
awarding earned credits, approving the type of work inmates may	881
perform and the wage or earned credits, if any, that may be	882
awarded to inmates engaging in that work, and granting, denying,	883
or revoking earned credits;	884

(3) For inmates serving a term imposed for a felony offense	885
committed prior to July 1, 1996, or for a misdemeanor offense,	886
developing or implementing procedures for calculating and awarding	887
good time, approving the good time, if any, that may be awarded to	888
inmates engaging in work, and granting, denying, or revoking good	889
time;	890

(4) For inmates serving a term imposed for a felony offense	891
committed on or after July 1, 1996, extending an inmate's term	892
pursuant to the provisions of law governing bad time;	893

(5) Classifying an inmate or placing an inmate in a more or a	894
less restrictive custody than the custody ordered by the public	895
entity;	896

(6) Approving inmates for work release;

897

(7) Contracting for local or long distance telephone services	898
for inmates or receiving commissions from those services at a	899
facility that is owned by or operated under a contract with the	900
department.	901

(D) A contractor that has been approved to operate a facility	902
under this section, and a person or entity that enters into a	903
contract for specialized services, as described in division (I) of	904
this section, relative to an intensive program prison established	905
pursuant to section 5120.033 of the Revised Code to be operated by	906
a contractor that has been approved to operate the prison under	907
this section, shall provide an adequate policy of insurance	908
specifically including, but not limited to, insurance for civil	909
rights claims as determined by a risk management or actuarial firm	910
with demonstrated experience in public liability for state	911
governments. The insurance policy shall provide that the state,	912
including all state agencies, and all political subdivisions of	913
the state with jurisdiction over the facility or in which a	914
facility is located are named as insured, and that the state and	915
its political subdivisions shall be sent any notice of	916
cancellation. The contractor may not self-insure.	917

A contractor that has been approved to operate a facility	918
under this section, and a person or entity that enters into a	919
contract for specialized services, as described in division (I) of	920
this section, relative to an intensive program prison established	921
pursuant to section 5120.033 of the Revised Code to be operated by	922
a contractor that has been approved to operate the prison under	923
this section, shall indemnify and hold harmless the state, its	924
officers, agents, and employees, and any local government entity	925
in the state having jurisdiction over the facility or ownership of	926
the facility, shall reimburse the state for its costs in defending	927
the state or any of its officers, agents, or employees, and shall	928
reimburse any local government entity of that nature for its costs	929
in defending the local government entity, from all of the	930
following:	931

(1) Any claims or losses for services rendered by the	932
contractor, person, or entity performing or supplying services in	933
connection with the performance of the contract;	934

(2) Any failure of the contractor, person, or entity or its	935
officers or employees to adhere to the laws, rules, regulations,	936
or terms agreed to in the contract;	937

(3) Any constitutional, federal, state, or civil rights claim	938
brought against the state related to the facility operated and	939
managed by the contractor;	940

(4) Any claims, losses, demands, or causes of action arising	941
out of the contractor's, person's, or entity's activities in this	942
state;	943

(5) Any attorney's fees or court costs arising from any	944
habeas corpus actions or other inmate suits that may arise from	945
any event that occurred at the facility or was a result of such an	946
event, or arise over the conditions, management, or operation of	947
the facility, which fees and costs shall include, but not be	948
limited to, attorney's fees for the state's representation and for	949
any court-appointed representation of any inmate, and the costs of	950
any special judge who may be appointed to hear those actions or	951
suits.	952

(E) Private correctional officers of a contractor operating	953
and managing a facility pursuant to a contract entered into under	954
this section may carry and use firearms in the course of their	955
employment only after being certified as satisfactorily completing	956
an approved training program as described in division (A) of	957
section 109.78 of the Revised Code.	958

(F) Upon notification by the contractor of an escape from, or	959
of a disturbance at, the facility that is the subject of a	960
contract entered into under this section, the department of	961
rehabilitation and correction and state and local law enforcement	962
agencies shall use all reasonable means to recapture escapees or	963
quell any disturbance. Any cost incurred by the state or its	964
political subdivisions relating to the apprehension of an escapee	965
or the quelling of a disturbance at the facility shall be	966
chargeable to and borne by the contractor. The contractor shall	967
also reimburse the state or its political subdivisions for all	968
reasonable costs incurred relating to the temporary detention of	969
the escapee following recapture.	970

(G) Any offense that would be a crime if committed at a state	971
correctional institution or jail, workhouse, prison, or other	972
correctional facility shall be a crime if committed by or with	973
regard to inmates at facilities operated pursuant to a contract	974
entered into under this section.	975

(H) A contractor operating and managing a facility pursuant	976
to a contract entered into under this section shall pay any inmate	977
workers at the facility at the rate approved by the public entity.	978
Inmates working at the facility shall not be considered employees	979
of the contractor.	980

(I) In contracting for the private operation and management	981
pursuant to division (A) of this section of ~~the initial~~any	982
intensive program prison established pursuant to section 5120.033	983
of the Revised Code ~~or of any other intensive program prison~~	984
~~established pursuant to that section~~, the department of	985
rehabilitation and correction may enter into a contract with a	986
contractor for the general operation and management of the prison	987
and may enter into one or more separate contracts with other	988
persons or entities for the provision of specialized services for	989
persons confined in the prison, including, but not limited to,	990
security or training services or medical, counseling, educational,	991
or similar treatment programs. If, pursuant to this division, the	992
department enters into a contract with a contractor for the	993
general operation and management of the prison and also enters	994
into one or more specialized service contracts with other persons	995
or entities, all of the following apply:	996

(1) The contract for the general operation and management	997
shall comply with all requirements and criteria set forth in this	998
section, and all provisions of this section apply in relation to	999
the prison operated and managed pursuant to the contract.	1000

(2) Divisions (A)(2), (B), and (C) of this section do not	1001
apply in relation to any specialized services contract, except to	1002
the extent that the provisions of those divisions clearly are	1003
relevant to the specialized services to be provided under the	1004
specialized services contract. Division (D) of this section	1005
applies in relation to each specialized services contract.	1006

(J) As used in this section:

1007

(1) "Public entity" means the department of rehabilitation	1008
and correction, or a county or municipal corporation or a	1009
combination of counties and municipal corporations, that has	1010
jurisdiction over a facility that is the subject of a contract	1011
entered into under this section.	1012

(2) "Local public entity" means a county or municipal	1013
corporation, or a combination of counties and municipal	1014
corporations, that has jurisdiction over a jail, workhouse, or	1015
other correctional facility used only for misdemeanants that is	1016
the subject of a contract entered into under this section.	1017

(3) "Governing authority of a local public entity" means, for	1018
a county, the board of county commissioners; for a municipal	1019
corporation, the legislative authority; for a combination of	1020
counties and municipal ~~corporation~~corporations, all the boards of	1021
county commissioners and municipal legislative authorities that	1022
joined to create the facility.	1023

(4) "Contractor" means a person or entity that enters into a	1024
contract under this section to operate and manage a jail,	1025
workhouse, or other correctional facility.	1026

(5) "Facility" means the specific county, multicounty,	1027
municipal, municipal-county, or multicounty-municipal jail,	1028
workhouse, prison, or other type of correctional institution or	1029
facility used only for misdemeanants, or a state correctional	1030
institution, that is the subject of a contract entered into under	1031
this section.	1032

(6) "Person or entity" in the case of a contract for the	1033
private operation and management of a state correctional	1034
institution, includes an employee organization, as defined in	1035
section 4117.01 of the Revised Code, that represents employees at	1036
state correctional institutions.	1037

Sec. 9.24. (A) Except as may be allowed under division (F)	1038
of this section, no state agency and no political subdivision	1039
shall award a contract as described in division (G)(1) of this	1040
section for goods, services, or construction, paid for in whole	1041
or in part with state funds, to a person against whom a finding	1042
for recovery has been issued by the auditor of state on and after	1043
January 1, 2001, if the finding for recovery is unresolved.	1044

A contract is considered to be awarded when it is entered	1045
into or executed, irrespective of whether the parties to the	1046
contract have exchanged any money.	1047

(B) For purposes of this section, a finding for recovery is	1048
unresolved unless one of the following criteria applies:	1049

(1) The money identified in the finding for recovery is paid	1050
in full to the state agency or political subdivision to whom the	1051
money was owed;	1052

(2) The debtor has entered into a repayment plan that is	1053
approved by the attorney general and the state agency or political	1054
subdivision to whom the money identified in the finding for	1055
recovery is owed. A repayment plan may include a provision	1056
permitting a state agency or political subdivision to withhold	1057
payment to a debtor for goods, services, or construction provided	1058
to or for the state agency or political subdivision pursuant to a	1059
contract that is entered into with the debtor after the date the	1060
finding for recovery was issued.	1061

(3) The attorney general waives a repayment plan described in	1062
division (B)(2) of this section for good cause;	1063

(4) The debtor and state agency or political subdivision to	1064
whom the money identified in the finding for recovery is owed have	1065
agreed to a payment plan established through an enforceable	1066
settlement agreement.	1067

(5) The state agency or political subdivision desiring to	1068
enter into a contract with a debtor certifies, and the attorney	1069
general concurs, that all of the following are true:	1070

(a) Essential services the state agency or political	1071
subdivision is seeking to obtain from the debtor cannot be	1072
provided by any other person besides the debtor;	1073

(b) Awarding a contract to the debtor for the essential	1074
services described in division (B)(5)(a) of this section is in the	1075
best interest of the state;	1076

(c) Good faith efforts have been made to collect the money	1077
identified in the finding of recovery.	1078

(6) The debtor has commenced an action to contest the finding	1079
for recovery and a final determination on the action has not yet	1080
been reached.	1081

(C) The attorney general shall submit an initial report to	1082
the auditor of state, not later than December 1, 2003, indicating	1083
the status of collection for all findings for recovery issued by	1084
the auditor of state for calendar years 2001, 2002, and 2003.	1085
Beginning on January 1, 2004, the attorney general shall submit to	1086
the auditor of state, on the first day of every January, April,	1087
July, and October, a list of all findings for recovery that have	1088
been resolved in accordance with division (B) of this section	1089
during the calendar quarter preceding the submission of the list	1090
and a description of the means of resolution. The attorney general	1091
shall notify the auditor of state when a judgment is issued	1092
against an entity described in division (F)(1) of this section.	1093

(D) The auditor of state shall maintain a database,	1094
accessible to the public, listing persons against whom an	1095
unresolved finding for recovery has been issued, and the amount of	1096
the money identified in the unresolved finding for recovery. The	1097
auditor of state shall have this database operational on or before	1098
January 1, 2004. The initial database shall contain the	1099
information required under this division for calendar years 2001,	1100
2002, and 2003.	1101

Beginning January 15, 2004, the auditor of state shall update	1102
the database by the fifteenth day of every January, April, July,	1103
and October to reflect resolved findings for recovery that are	1104
reported to the auditor of state by the attorney general on the	1105
first day of the same month pursuant to division (C) of this	1106
section.	1107

(E) Before awarding a contract as described in division	1108
(G)(1) of this section for goods, services, or construction, paid	1109
for in whole or in part with state funds, a state agency or	1110
political subdivision shall verify that the person to whom the	1111
state agency or political subdivision plans to award the contract	1112
has no unresolved finding for recovery issued against the person.	1113
A state agency or political subdivision shall verify that the	1114
person does not appear in the database described in division (D)	1115
of this section or shall obtain other proof that the person has no	1116
unresolved finding for recovery issued against the person.	1117

(F) The prohibition of division (A) of this section and the	1118
requirement of division (E) of this section do not apply with	1119
respect to the companies, payments, or agreements described in	1120
divisions (F)(1) and (2) of this section, or in the circumstance	1121
described in division (F)(3) of this section.	1122

(1) A bonding company or a company authorized to transact the	1123
business of insurance in this state, a self-insurance pool, joint	1124
self-insurance pool, risk management program, or joint risk	1125
management program, unless a court has entered a final judgment	1126
against the company and the company has not yet satisfied the	1127
final judgment.	1128

(2) To medicaid provider agreements under Chapter 5111. of	1129
the Revised Code~~, payments or provider agreements under~~	1130
~~disability assistance medical assistance established under Chapter~~	1131
~~5115. of the Revised Code,~~ or payments or provider agreements	1132
under the children's buy-in program established under sections	1133
5101.5211 to 5101.5216 of the Revised Code.	1134

(3) When federal law dictates that a specified entity provide	1135
the goods, services, or construction for which a contract is being	1136
awarded, regardless of whether that entity would otherwise be	1137
prohibited from entering into the contract pursuant to this	1138
section.	1139

(G)(1) This section applies only to contracts for goods,	1140
services, or construction that satisfy the criteria in either	1141
division (G)(1)(a) or (b) of this section. This section may apply	1142
to contracts for goods, services, or construction that satisfy the	1143
criteria in division (G)(1)(c) of this section, provided that the	1144
contracts also satisfy the criteria in either division (G)(1)(a)	1145
or (b) of this section.	1146

(a) The cost for the goods, services, or construction	1147
provided under the contract is estimated to exceed twenty-five	1148
thousand dollars.	1149

(b) The aggregate cost for the goods, services, or	1150
construction provided under multiple contracts entered into by the	1151
particular state agency and a single person or the particular	1152
political subdivision and a single person within the fiscal year	1153
preceding the fiscal year within which a contract is being entered	1154
into by that same state agency and the same single person or the	1155
same political subdivision and the same single person, exceeded	1156
fifty thousand dollars.	1157

(c) The contract is a renewal of a contract previously	1158
entered into and renewed pursuant to that preceding contract.	1159

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

1160

(H) As used in this section:

1161

(1) "State agency" has the same meaning as in section 9.66 of	1162
the Revised Code.	1163

(2) "Political subdivision" means a political subdivision as	1164
defined in section 9.82 of the Revised Code that has received more	1165
than fifty thousand dollars of state money in the current fiscal	1166
year or the preceding fiscal year.	1167

(3) "Finding for recovery" means a determination issued by	1168
the auditor of state, contained in a report the auditor of state	1169
gives to the attorney general pursuant to section 117.28 of the	1170
Revised Code, that public money has been illegally expended,	1171
public money has been collected but not been accounted for, public	1172
money is due but has not been collected, or public property has	1173
been converted or misappropriated.	1174

(4) "Debtor" means a person against whom a finding for	1175
recovery has been issued.	1176

(5) "Person" means the person named in the finding for	1177
recovery.	1178

(6) "State money" does not include funds the state receives	1179
from another source and passes through to a political	1180
subdivision.	1181

Sec. 9.314. (A) As used in this section:

1182

(1) "Contracting authority" has the same meaning as in	1183
section 307.92 of the Revised Code.	1184

(2) "Political subdivision" means a municipal corporation,	1185
township, county, school district, or other body corporate and	1186
politic responsible for governmental activities only in geographic	1187
areas smaller than that of the state and also includes a	1188
contracting authority.	1189

(3) "Reverse auction" means a purchasing process in which	1190
offerors submit proposals in competing to sell services or	1191
supplies in an open environment via the internet.	1192

(4) "Services" means the furnishing of labor, time, or effort	1193
by a person, not involving the delivery of a specific end product	1194
other than a report which, if provided, is merely incidental to	1195
the required performance. "Services" does not include services	1196
furnished pursuant to employment agreements or collective	1197
bargaining agreements.	1198

(5) "Supplies" means all property, including, but not limited	1199
to, equipment, materials, other tangible assets, and insurance,	1200
but excluding real property or interests in real property.	1201

(B)(1) Whenever any political subdivision determines that the	1202
use of a reverse auction is advantageous to the political	1203
subdivision, the political subdivision, in accordance with this	1204
section and rules the political subdivision shall adopt, may	1205
purchase services or supplies by reverse auction.	1206

(2) A political subdivision shall not purchase supplies or	1207
services by reverse auction if the contract concerns the design,	1208
construction, alteration, repair, reconstruction, or demolition of	1209
a building, highway, road, street, alley, drainage system, water	1210
system, waterworks, ditch, sewer, sewage disposal plant, or any	1211
other structure or works of any kind.	1212

(C) A political subdivision shall solicit proposals through a	1213
request for proposals. The request for proposals shall state the	1214
relative importance of price and other evaluation factors. The	1215
political subdivision shall give notice of the request for	1216
proposals in accordance with the rules it adopts.	1217

(D) As provided in the request for proposals and in the rules	1218
a political subdivision adopts, and to ensure full understanding	1219
of and responsiveness to solicitation requirements, the political	1220
subdivision may conduct discussions with responsible offerors who	1221
submit proposals determined to be reasonably susceptible of being	1222
selected for award. The political subdivision shall accord	1223
offerors fair and equal treatment with respect to any opportunity	1224
for discussion regarding any clarification, correction, or	1225
revision of their proposals.	1226

(E) A political subdivision may award a contract to the	1227
offeror whose proposal the political subdivision determines to be	1228
the most advantageous to the political subdivision, taking into	1229
consideration factors such as price and the evaluation criteria	1230
set forth in the request for proposals. The contract file shall	1231
contain the basis on which the award is made.	1232

(F) The rules that a political subdivision adopts under this	1233
section may require the provision of a performance bond, or	1234
another similar form of financial security, in the amount and in	1235
the form specified in the rules.	1236

(G) If a political subdivision is required by law to purchase	1237
services or supplies by competitive sealed bidding or competitive	1238
sealed proposals, a purchase made by reverse auction satisfies	1239
that requirement.	1240

Sec. 9.317. As used in this section, "reverse auction" has	1241
the meaning defined in section 9.314 of the Revised Code, and	1242
"state agency" has the meaning defined in section 9.23 of the	1243
Revised Code.	1244

A state agency shall not purchase supplies or services by	1245
reverse auction if the contract concerns the design, construction,	1246
alteration, repair, reconstruction, or demolition of a building,	1247
highway, road, street, alley, drainage system, water system,	1248
waterworks, ditch, sewer, sewage disposal plant, or any other	1249
structure or works of any kind.	1250

Sec. 101.34. (A) There is hereby created a joint legislative	1251
ethics committee to serve the general assembly. The committee	1252
shall be composed of twelve members, six each from the two major	1253
political parties, and each member shall serve on the committee	1254
during the member's term as a member of that general assembly. Six	1255
members of the committee shall be members of the house of	1256
representatives appointed by the speaker of the house of	1257
representatives, not more than three from the same political	1258
party, and six members of the committee shall be members of the	1259
senate appointed by the president of the senate, not more than	1260
three from the same political party. A vacancy in the committee	1261
shall be filled for the unexpired term in the same manner as an	1262
original appointment. The members of the committee shall be	1263
appointed within fifteen days after the first day of the first	1264
regular session of each general assembly and the committee shall	1265
meet and proceed to recommend an ethics code not later than thirty	1266
days after the first day of the first regular session of each	1267
general assembly.	1268

In the first regular session of each general assembly, the	1269
speaker of the house of representatives shall appoint the	1270
chairperson of the committee from among the house members of the	1271
committee, and the president of the senate shall appoint the	1272
vice-chairperson of the committee from among the senate members of	1273
the committee. In the second regular session of each general	1274
assembly, the president of the senate shall appoint the	1275
chairperson of the committee from among the senate members of the	1276
committee, and the speaker of the house of representatives shall	1277
appoint the vice-chairperson of the committee from among the house	1278
members of the committee. The chairperson, vice-chairperson, and	1279
members of the committee shall serve until their respective	1280
successors are appointed or until they are no longer members of	1281
the general assembly.	1282

The committee shall meet at the call of the chairperson or	1283
upon the written request of seven members of the committee.	1284

(B) The joint legislative ethics committee:

1285

(1) Shall recommend a code of ethics that is consistent with	1286
law to govern all members and employees of each house of the	1287
general assembly and all candidates for the office of member of	1288
each house;	1289

(2) May receive and hear any complaint that alleges a breach	1290
of any privilege of either house, or misconduct of any member,	1291
employee, or candidate, or any violation of the appropriate code	1292
of ethics;	1293

(3) May obtain information with respect to any complaint	1294
filed pursuant to this section and to that end may enforce the	1295
attendance and testimony of witnesses, and the production of books	1296
and papers;	1297

(4) May recommend whatever sanction is appropriate with	1298
respect to a particular member, employee, or candidate as will	1299
best maintain in the minds of the public a good opinion of the	1300
conduct and character of members and employees of the general	1301
assembly;	1302

(5) May recommend legislation to the general assembly	1303
relating to the conduct and ethics of members and employees of and	1304
candidates for the general assembly;	1305

(6) Shall employ an executive director for the committee and	1306
may employ other staff as the committee determines necessary to	1307
assist it in exercising its powers and duties. The executive	1308
director and staff of the committee shall be known as the office	1309
of legislative inspector general. At least one member of the staff	1310
of the committee shall be an attorney at law licensed to practice	1311
law in this state. The appointment and removal of the executive	1312
director shall require the approval of at least eight members of	1313
the committee.	1314

(7) May employ a special counsel to assist the committee in	1315
exercising its powers and duties. The appointment and removal of a	1316
special counsel shall require the approval of at least eight	1317
members of the committee.	1318

(8) Shall act as an advisory body to the general assembly and	1319
to individual members, candidates, and employees on questions	1320
relating to ethics, possible conflicts of interest, and financial	1321
disclosure;	1322

(9) Shall provide for the proper forms on which a statement	1323
required pursuant to section 102.02 or 102.021 of the Revised Code	1324
shall be filed and instructions as to the filing of the statement;	1325

(10) Exercise the powers and duties prescribed under sections	1326
101.70 to 101.79, sections 101.90 to 101.98, Chapter 102., and	1327
sections 121.60 to 121.69 of the Revised Code;	1328

(11) Adopt, in accordance with section 111.15 of the Revised	1329
Code, any rules that are necessary to implement and clarify	1330
Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code.	1331

(C) There is hereby created in the state treasury the joint	1332
legislative ethics committee fund. All money collected from	1333
registration fees and late filing fees prescribed under sections	1334
101.72, 101.92, and 121.62 of the Revised Code shall be deposited	1335
into the state treasury to the credit of the fund. Money credited	1336
to the fund and any interest and earnings from the fund shall be	1337
used solely for the operation of the joint legislative ethics	1338
committee and the office of legislative inspector general and for	1339
the purchase of data storage and computerization facilities for	1340
the statements filed with the committee under sections 101.73,	1341
101.74, 101.93, 101.94, 121.63, and 121.64 of the Revised Code.	1342

(D) The chairperson of the joint legislative ethics committee	1343
shall issue a written report, not later than the thirty-first day	1344
of January of each year, to the speaker and minority leader of the	1345
house of representatives and to the president and minority leader	1346
of the senate that lists the number of committee meetings and	1347
investigations the committee conducted during the immediately	1348
preceding calendar year and the number of advisory opinions it	1349
issued during the immediately preceding calendar year.	1350

(E) Any investigative report that contains facts and findings	1351
regarding a complaint filed with the joint legislative ethics	1352
committee and that is prepared by the staff of the committee or a	1353
special counsel to the committee shall become a public record upon	1354
its acceptance by a vote of the majority of the members of the	1355
committee, except for any names of specific individuals and	1356
entities contained in the report. If the committee recommends	1357
disciplinary action or reports its findings to the appropriate	1358
prosecuting authority for proceedings in prosecution of the	1359
violations alleged in the complaint, the investigatory report	1360
regarding the complaint shall become a public record in its	1361
entirety.	1362

(F)(1) Any file obtained by or in the possession of the	1363
former house ethics committee or former senate ethics committee	1364
shall become the property of the joint legislative ethics	1365
committee. Any such file is confidential if either of the	1366
following applies:	1367

(a) It is confidential under section 102.06 of the Revised	1368
Code or the legislative code of ethics.	1369

(b) If the file was obtained from the former house ethics	1370
committee or from the former senate ethics committee, it was	1371
confidential under any statute or any provision of a code of	1372
ethics that governed the file.	1373

(2) As used in this division, "file" includes, but is not	1374
limited to, evidence, documentation, or any other tangible thing.	1375

(G) There is hereby created in the state treasury the joint	1376
legislative ethics committee investigative fund. Investment	1377
earnings of the fund shall be credited to the fund. Money in the	1378
fund shall be used solely for the operations of the committee in	1379
conducting investigations.	1380

Sec. 101.72. (A) Each legislative agent and employer, within	1381
ten days following an engagement of a legislative agent, shall	1382
file with the joint legislative ethics committee an initial	1383
registration statement showing all of the following:	1384

(1) The name, business address, and occupation of the	1385
legislative agent;	1386

(2) The name and business address of the employer and the	1387
real party in interest on whose behalf the legislative agent is	1388
actively advocating, if it is different from the employer. For the	1389
purposes of division (A) of this section, where a trade	1390
association or other charitable or fraternal organization that is	1391
exempt from federal income taxation under subsection 501(c) of the	1392
federal Internal Revenue Code is the employer, the statement need	1393
not list the names and addresses of each member of the association	1394
or organization, so long as the association or organization itself	1395
is listed.	1396

(3) A brief description of the type of legislation to which	1397
the engagement relates.	1398

(B) In addition to the initial registration statement	1399
required by division (A) of this section, each legislative agent	1400
and employer shall file with the joint committee, not later than	1401
the last day of January, May, and September of each year, an	1402
updated registration statement that confirms the continuing	1403
existence of each engagement described in an initial registration	1404
statement and that lists the specific bills or resolutions on	1405
which the agent actively advocated under that engagement during	1406
the period covered by the updated statement, and with it any	1407
statement of expenditures required to be filed by section 101.73	1408
of the Revised Code and any details of financial transactions	1409
required to be filed by section 101.74 of the Revised Code.	1410

(C) If a legislative agent is engaged by more than one	1411
employer, the agent shall file a separate initial and updated	1412
registration statement for each engagement. If an employer engages	1413
more than one legislative agent, the employer need file only one	1414
updated registration statement under division (B) of this section,	1415
which shall contain the information required by division (B) of	1416
this section regarding all of the legislative agents engaged by	1417
the employer.	1418

(D)(1) A change in any information required by division	1419
(A)(1), (2), or (B) of this section shall be reflected in the next	1420
updated registration statement filed under division (B) of this	1421
section.	1422

(2) Within thirty days after the termination of an	1423
engagement, the legislative agent who was employed under the	1424
engagement shall send written notification of the termination to	1425
the joint committee.	1426

(E) ~~Except as otherwise provided in this division, a~~A	1427
registration fee of twenty-five dollars shall be charged for	1428
filing an initial registration statement. The state agency of an	1429
officer or employee who actively advocates in a fiduciary capacity	1430
as a representative of that state agency shall pay the	1431
registration fee required under this division. All money	1432
collected from registration fees under this division and late	1433
filing fees under division (G) of this section shall be deposited	1434
into the state treasury to the credit of the joint legislative	1435
ethics committee fund created under section 101.34 of the Revised	1436
Code.	1437

An officer or employee of a state agency who actively	1438
advocates in a fiduciary capacity as a representative of that	1439
state agency need not ~~pay the registration fee prescribed by this~~	1440
~~division or~~ file expenditure statements under section 101.73 of	1441
the Revised Code. As used in this division, "state agency" does	1442
not include a state institution of higher education as defined in	1443
section 3345.011 of the Revised Code.	1444

(F) Upon registration pursuant to division (A) of this	1445
section, the legislative agent shall be issued a card by the joint	1446
committee showing that the legislative agent is registered. The	1447
registration card and the legislative agent's registration shall	1448
be valid from the date of their issuance until the next	1449
thirty-first day of December of an even-numbered year.	1450

(G) The executive director of the joint committee shall be	1451
responsible for reviewing each registration statement filed with	1452
the joint committee under this section and for determining whether	1453
the statement contains all of the information required by this	1454
section. If the joint committee determines that the registration	1455
statement does not contain all of the required information or that	1456
a legislative agent or employer has failed to file a registration	1457
statement, the joint committee shall send written notification by	1458
certified mail to the person who filed the registration statement	1459
regarding the deficiency in the statement or to the person who	1460
failed to file the registration statement regarding the failure.	1461
Any person so notified by the joint committee shall, not later	1462
than fifteen days after receiving the notice, file a registration	1463
statement or an amended registration statement that does contain	1464
all of the information required by this section. If any person who	1465
receives a notice under this division fails to file a registration	1466
statement or such an amended registration statement within this	1467
fifteen-day period, the joint committee shall assess a late filing	1468
fee equal to twelve dollars and fifty cents per day, up to a	1469
maximum of one hundred dollars, upon that person. The joint	1470
committee may waive the late filing fee for good cause shown.	1471

(H) On or before the fifteenth day of March of each year, the	1472
joint committee shall, in the manner and form that it determines,	1473
publish a report containing statistical information on the	1474
registration statements filed with it under this section during	1475
the preceding year.	1476

Sec. 102.02. (A) Except as otherwise provided in division	1477
(H) of this section, all of the following shall file with the	1478
appropriate ethics commission the disclosure statement described	1479
in this division on a form prescribed by the appropriate	1480
commission: every person who is elected to or is a candidate for a	1481
state, county, or city office and every person who is appointed to	1482
fill a vacancy for an unexpired term in such an elective office;	1483
all members of the state board of education; the director,	1484
assistant directors, deputy directors, division chiefs, or persons	1485
of equivalent rank of any administrative department of the state;	1486
the president or other chief administrative officer of every state	1487
institution of higher education as defined in section 3345.011 of	1488
the Revised Code; the executive director and the members of the	1489
capitol square review and advisory board appointed or employed	1490
pursuant to section 105.41 of the Revised Code; the chief	1491
executive officer and the members of the board of each state	1492
retirement system; each employee of a state retirement board who	1493
is a state retirement system investment officer licensed pursuant	1494
to section 1707.163 of the Revised Code; the members of the Ohio	1495
retirement study council appointed pursuant to division (C) of	1496
section 171.01 of the Revised Code; employees of the Ohio	1497
retirement study council, other than employees who perform purely	1498
administrative or clerical functions; the administrator of	1499
workers' compensation and each member of the bureau of workers'	1500
compensation board of directors; the bureau of workers'	1501
compensation director of investments; the chief investment officer	1502
of the bureau of workers' compensation; the director appointed by	1503
the workers' compensation council; all members of the board of	1504
commissioners on grievances and discipline of the supreme court	1505
and the ethics commission created under section 102.05 of the	1506
Revised Code; every business manager, treasurer, or superintendent	1507
of a city, local, exempted village, joint vocational, or	1508
cooperative education school district or an educational service	1509
center; every person who is elected to or is a candidate for the	1510
office of member of a board of education of a city, local,	1511
exempted village, joint vocational, or cooperative education	1512
school district or of a governing board of an educational service	1513
center that has a total student count of twelve thousand or more	1514
as most recently determined by the department of education	1515
pursuant to section 3317.03 of the Revised Code; every person who	1516
is appointed to the board of education of a municipal school	1517
district pursuant to division (B) or (F) of section 3311.71 of the	1518
Revised Code; all members of the board of directors of a sanitary	1519
district that is established under Chapter 6115. of the Revised	1520
Code and organized wholly for the purpose of providing a water	1521
supply for domestic, municipal, and public use, and that includes	1522
two municipal corporations in two counties; every public official	1523
or employee who is paid a salary or wage in accordance with	1524
schedule C of section 124.15 or schedule E-2 of section 124.152 of	1525
the Revised Code; members of the board of trustees and the	1526
executive director of the southern Ohio agricultural and community	1527
development foundation; and every other public official or	1528
employee who is designated by the appropriate ethics commission	1529
pursuant to division (B) of this section.	1530

The disclosure statement shall include all of the following:

1531

(1) The name of the person filing the statement and each	1532
member of the person's immediate family and all names under which	1533
the person or members of the person's immediate family do	1534
business;	1535

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	1536
and except as otherwise provided in section 102.022 of the Revised	1537
Code, identification of every source of income, other than income	1538
from a legislative agent identified in division (A)(2)(b) of this	1539
section, received during the preceding calendar year, in the	1540
person's own name or by any other person for the person's use or	1541
benefit, by the person filing the statement, and a brief	1542
description of the nature of the services for which the income was	1543
received. If the person filing the statement is a member of the	1544
general assembly, the statement shall identify the amount of every	1545
source of income received in accordance with the following ranges	1546
of amounts: zero or more, but less than one thousand dollars; one	1547
thousand dollars or more, but less than ten thousand dollars; ten	1548
thousand dollars or more, but less than twenty-five thousand	1549
dollars; twenty-five thousand dollars or more, but less than fifty	1550
thousand dollars; fifty thousand dollars or more, but less than	1551
one hundred thousand dollars; and one hundred thousand dollars or	1552
more. Division (A)(2)(a) of this section shall not be construed to	1553
require a person filing the statement who derives income from a	1554
business or profession to disclose the individual items of income	1555
that constitute the gross income of that business or profession,	1556
except for those individual items of income that are attributable	1557
to the person's or, if the income is shared with the person, the	1558
partner's, solicitation of services or goods or performance,	1559
arrangement, or facilitation of services or provision of goods on	1560
behalf of the business or profession of clients, including	1561
corporate clients, who are legislative agents. A person who files	1562
the statement under this section shall disclose the identity of	1563
and the amount of income received from a person who the public	1564
official or employee knows or has reason to know is doing or	1565
seeking to do business of any kind with the public official's or	1566
employee's agency.	1567

(b) If the person filing the statement is a member of the	1568
general assembly, the statement shall identify every source of	1569
income and the amount of that income that was received from a	1570
legislative agent during the preceding calendar year, in the	1571
person's own name or by any other person for the person's use or	1572
benefit, by the person filing the statement, and a brief	1573
description of the nature of the services for which the income was	1574
received. Division (A)(2)(b) of this section requires the	1575
disclosure of clients of attorneys or persons licensed under	1576
section 4732.12 of the Revised Code, or patients of persons	1577
certified under section 4731.14 of the Revised Code, if those	1578
clients or patients are legislative agents. Division (A)(2)(b) of	1579
this section requires a person filing the statement who derives	1580
income from a business or profession to disclose those individual	1581
items of income that constitute the gross income of that business	1582
or profession that are received from legislative agents.	1583

(c) Except as otherwise provided in division (A)(2)(c) of	1584
this section, division (A)(2)(a) of this section applies to	1585
attorneys, physicians, and other persons who engage in the	1586
practice of a profession and who, pursuant to a section of the	1587
Revised Code, the common law of this state, a code of ethics	1588
applicable to the profession, or otherwise, generally are required	1589
not to reveal, disclose, or use confidences of clients, patients,	1590
or other recipients of professional services except under	1591
specified circumstances or generally are required to maintain	1592
those types of confidences as privileged communications except	1593
under specified circumstances. Division (A)(2)(a) of this section	1594
does not require an attorney, physician, or other professional	1595
subject to a confidentiality requirement as described in division	1596
(A)(2)(c) of this section to disclose the name, other identity, or	1597
address of a client, patient, or other recipient of professional	1598
services if the disclosure would threaten the client, patient, or	1599
other recipient of professional services, would reveal details of	1600
the subject matter for which legal, medical, or professional	1601
advice or other services were sought, or would reveal an otherwise	1602
privileged communication involving the client, patient, or other	1603
recipient of professional services. Division (A)(2)(a) of this	1604
section does not require an attorney, physician, or other	1605
professional subject to a confidentiality requirement as described	1606
in division (A)(2)(c) of this section to disclose in the brief	1607
description of the nature of services required by division	1608
(A)(2)(a) of this section any information pertaining to specific	1609
professional services rendered for a client, patient, or other	1610
recipient of professional services that would reveal details of	1611
the subject matter for which legal, medical, or professional	1612
advice was sought or would reveal an otherwise privileged	1613
communication involving the client, patient, or other recipient of	1614
professional services.	1615

(3) The name of every corporation on file with the secretary	1616
of state that is incorporated in this state or holds a certificate	1617
of compliance authorizing it to do business in this state, trust,	1618
business trust, partnership, or association that transacts	1619
business in this state in which the person filing the statement or	1620
any other person for the person's use and benefit had during the	1621
preceding calendar year an investment of over one thousand dollars	1622
at fair market value as of the thirty-first day of December of the	1623
preceding calendar year, or the date of disposition, whichever is	1624
earlier, or in which the person holds any office or has a	1625
fiduciary relationship, and a description of the nature of the	1626
investment, office, or relationship. Division (A)(3) of this	1627
section does not require disclosure of the name of any bank,	1628
savings and loan association, credit union, or building and loan	1629
association with which the person filing the statement has a	1630
deposit or a withdrawable share account.	1631

(4) All fee simple and leasehold interests to which the	1632
person filing the statement holds legal title to or a beneficial	1633
interest in real property located within the state, excluding the	1634
person's residence and property used primarily for personal	1635
recreation;	1636

(5) The names of all persons residing or transacting business	1637
in the state to whom the person filing the statement owes, in the	1638
person's own name or in the name of any other person, more than	1639
one thousand dollars. Division (A)(5) of this section shall not be	1640
construed to require the disclosure of debts owed by the person	1641
resulting from the ordinary conduct of a business or profession or	1642
debts on the person's residence or real property used primarily	1643
for personal recreation, except that the superintendent of	1644
financial institutions shall disclose the names of all	1645
state-chartered savings and loan associations and of all service	1646
corporations subject to regulation under division (E)(2) of	1647
section 1151.34 of the Revised Code to whom the superintendent in	1648
the superintendent's own name or in the name of any other person	1649
owes any money, and that the superintendent and any deputy	1650
superintendent of banks shall disclose the names of all	1651
state-chartered banks and all bank subsidiary corporations subject	1652
to regulation under section 1109.44 of the Revised Code to whom	1653
the superintendent or deputy superintendent owes any money.	1654

(6) The names of all persons residing or transacting business	1655
in the state, other than a depository excluded under division	1656
(A)(3) of this section, who owe more than one thousand dollars to	1657
the person filing the statement, either in the person's own name	1658
or to any person for the person's use or benefit. Division (A)(6)	1659
of this section shall not be construed to require the disclosure	1660
of clients of attorneys or persons licensed under section 4732.12	1661
or 4732.15 of the Revised Code, or patients of persons certified	1662
under section 4731.14 of the Revised Code, nor the disclosure of	1663
debts owed to the person resulting from the ordinary conduct of a	1664
business or profession.	1665

(7) Except as otherwise provided in section 102.022 of the	1666
Revised Code, the source of each gift of over seventy-five	1667
dollars, or of each gift of over twenty-five dollars received by a	1668
member of the general assembly from a legislative agent, received	1669
by the person in the person's own name or by any other person for	1670
the person's use or benefit during the preceding calendar year,	1671
except gifts received by will or by virtue of section 2105.06 of	1672
the Revised Code, or received from spouses, parents, grandparents,	1673
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	1674
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	1675
fathers-in-law, mothers-in-law, or any person to whom the person	1676
filing the statement stands in loco parentis, or received by way	1677
of distribution from any inter vivos or testamentary trust	1678
established by a spouse or by an ancestor;	1679

(8) Except as otherwise provided in section 102.022 of the	1680
Revised Code, identification of the source and amount of every	1681
payment of expenses incurred for travel to destinations inside or	1682
outside this state that is received by the person in the person's	1683
own name or by any other person for the person's use or benefit	1684
and that is incurred in connection with the person's official	1685
duties, except for expenses for travel to meetings or conventions	1686
of a national or state organization to which any state agency,	1687
including, but not limited to, any legislative agency or state	1688
institution of higher education as defined in section 3345.011 of	1689
the Revised Code, pays membership dues, or any political	1690
subdivision or any office or agency of a political subdivision	1691
pays membership dues;	1692

(9) Except as otherwise provided in section 102.022 of the	1693
Revised Code, identification of the source of payment of expenses	1694
for meals and other food and beverages, other than for meals and	1695
other food and beverages provided at a meeting at which the person	1696
participated in a panel, seminar, or speaking engagement or at a	1697
meeting or convention of a national or state organization to which	1698
any state agency, including, but not limited to, any legislative	1699
agency or state institution of higher education as defined in	1700
section 3345.011 of the Revised Code, pays membership dues, or any	1701
political subdivision or any office or agency of a political	1702
subdivision pays membership dues, that are incurred in connection	1703
with the person's official duties and that exceed one hundred	1704
dollars aggregated per calendar year;	1705

(10) If the disclosure statement is filed by a public	1706
official or employee described in division (B)(2) of section	1707
101.73 of the Revised Code or division (B)(2) of section 121.63 of	1708
the Revised Code who receives a statement from a legislative	1709
agent, executive agency lobbyist, or employer that contains the	1710
information described in division (F)(2) of section 101.73 of the	1711
Revised Code or division (G)(2) of section 121.63 of the Revised	1712
Code, all of the nondisputed information contained in the	1713
statement delivered to that public official or employee by the	1714
legislative agent, executive agency lobbyist, or employer under	1715
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	1716
the Revised Code.	1717

A person may file a statement required by this section in	1718
person or by mail. A person who is a candidate for elective office	1719
shall file the statement no later than the thirtieth day before	1720
the primary, special, or general election at which the candidacy	1721
is to be voted on, whichever election occurs soonest, except that	1722
a person who is a write-in candidate shall file the statement no	1723
later than the twentieth day before the earliest election at which	1724
the person's candidacy is to be voted on. A person who holds	1725
elective office shall file the statement on or before the	1726
fifteenth day of April of each year unless the person is a	1727
candidate for office. A person who is appointed to fill a vacancy	1728
for an unexpired term in an elective office shall file the	1729
statement within fifteen days after the person qualifies for	1730
office. Other persons shall file an annual statement on or before	1731
the fifteenth day of April or, if appointed or employed after that	1732
date, within ninety days after appointment or employment. No	1733
person shall be required to file with the appropriate ethics	1734
commission more than one statement or pay more than one filing fee	1735
for any one calendar year.	1736

The appropriate ethics commission, for good cause, may extend	1737
for a reasonable time the deadline for filing a statement under	1738
this section.	1739

A statement filed under this section is subject to public	1740
inspection at locations designated by the appropriate ethics	1741
commission except as otherwise provided in this section.	1742

(B) The Ohio ethics commission, the joint legislative ethics	1743
committee, and the board of commissioners on grievances and	1744
discipline of the supreme court, using the rule-making procedures	1745
of Chapter 119. of the Revised Code, may require any class of	1746
public officials or employees under its jurisdiction and not	1747
specifically excluded by this section whose positions involve a	1748
substantial and material exercise of administrative discretion in	1749
the formulation of public policy, expenditure of public funds,	1750
enforcement of laws and rules of the state or a county or city, or	1751
the execution of other public trusts, to file an annual statement	1752
on or before the fifteenth day of April under division (A) of this	1753
section. The appropriate ethics commission shall send the public	1754
officials or employees written notice of the requirement by the	1755
fifteenth day of February of each year the filing is required	1756
unless the public official or employee is appointed after that	1757
date, in which case the notice shall be sent within thirty days	1758
after appointment, and the filing shall be made not later than	1759
ninety days after appointment.	1760

Except for disclosure statements filed by members of the	1761
board of trustees and the executive director of the southern Ohio	1762
agricultural and community development foundation, disclosure	1763
statements filed under this division with the Ohio ethics	1764
commission by members of boards, commissions, or bureaus of the	1765
state for which no compensation is received other than reasonable	1766
and necessary expenses shall be kept confidential. Disclosure	1767
statements filed with the Ohio ethics commission under division	1768
(A) of this section by business managers, treasurers, and	1769
superintendents of city, local, exempted village, joint	1770
vocational, or cooperative education school districts or	1771
educational service centers shall be kept confidential, except	1772
that any person conducting an audit of any such school district or	1773
educational service center pursuant to section 115.56 or Chapter	1774
117. of the Revised Code may examine the disclosure statement of	1775
any business manager, treasurer, or superintendent of that school	1776
district or educational service center. The Ohio ethics commission	1777
shall examine each disclosure statement required to be kept	1778
confidential to determine whether a potential conflict of interest	1779
exists for the person who filed the disclosure statement. A	1780
potential conflict of interest exists if the private interests of	1781
the person, as indicated by the person's disclosure statement,	1782
might interfere with the public interests the person is required	1783
to serve in the exercise of the person's authority and duties in	1784
the person's office or position of employment. If the commission	1785
determines that a potential conflict of interest exists, it shall	1786
notify the person who filed the disclosure statement and shall	1787
make the portions of the disclosure statement that indicate a	1788
potential conflict of interest subject to public inspection in the	1789
same manner as is provided for other disclosure statements. Any	1790
portion of the disclosure statement that the commission determines	1791
does not indicate a potential conflict of interest shall be kept	1792
confidential by the commission and shall not be made subject to	1793
public inspection, except as is necessary for the enforcement of	1794
Chapters 102. and 2921. of the Revised Code and except as	1795
otherwise provided in this division.	1796

(C) No person shall knowingly fail to file, on or before the	1797
applicable filing deadline established under this section, a	1798
statement that is required by this section.	1799

(D) No person shall knowingly file a false statement that is	1800
required to be filed under this section.	1801

(E)(1) Except as provided in divisions (E)(2) and (3) of this	1802
section, the statement required by division (A) or (B) of this	1803
section shall be accompanied by a filing fee of forty dollars.	1804

(2) The statement required by division (A) of this section	1805
shall be accompanied by the following filing fee to be paid by the	1806
person who is elected or appointed to, or is a candidate for, any	1807
of the following offices:	1808

For state office, except member of the		1809
state board of education	$65	1810
For office of member of general assembly	$40	1811
For county office	$40	1812
For city office	$25	1813
For office of member of the state board		1814
of education	$25	1815
For office of member of a city, local,		1816
exempted village, or cooperative		1817
education board of		1818
education or educational service		1819
center governing board	$20	1820
For position of business manager,		1821
treasurer, or superintendent of a		1822
city, local, exempted village, joint		1823
vocational, or cooperative education		1824
school district or		1825
educational service center	$20	1826

(3) No judge of a court of record or candidate for judge of a	1827
court of record, and no referee or magistrate serving a court of	1828
record, shall be required to pay the fee required under division	1829
(E)(1) or (2) or (F) of this section.	1830

(4) For any public official who is appointed to a nonelective	1831
office of the state and for any employee who holds a nonelective	1832
position in a public agency of the state, the state agency that is	1833
the primary employer of the state official or employee shall pay	1834
the fee required under division (E)(1) or (F) of this section.	1835

(F) If a statement required to be filed under this section is	1836
not filed by the date on which it is required to be filed, the	1837
appropriate ethics commission shall assess the person required to	1838
file the statement a late filing fee of ten dollars for each day	1839
the statement is not filed, except that the total amount of the	1840
late filing fee shall not exceed two hundred fifty dollars.	1841

(G)(1) The appropriate ethics commission other than the Ohio	1842
ethics commission and the joint legislative ethics committee shall	1843
deposit all fees it receives under divisions (E) and (F) of this	1844
section into the general revenue fund of the state.	1845

(2) The Ohio ethics commission shall deposit all receipts,	1846
including, but not limited to, fees it receives under divisions	1847
(E) and (F) of this section and all moneys it receives from	1848
settlements under division (G) of section 102.06 of the Revised	1849
Code, into the Ohio ethics commission fund, which is hereby	1850
created in the state treasury. All moneys credited to the fund	1851
shall be used solely for expenses related to the operation and	1852
statutory functions of the commission.	1853

(3) The joint legislative ethics committee shall deposit all	1854
receipts it receives from the payment of financial disclosure	1855
statement filing fees under divisions (E) and (F) of this section	1856
into the joint legislative ethics committee investigative fund.	1857

(H) Division (A) of this section does not apply to a person	1858
elected or appointed to the office of precinct, ward, or district	1859
committee member under Chapter 3517. of the Revised Code; a	1860
presidential elector; a delegate to a national convention; village	1861
or township officials and employees; any physician or psychiatrist	1862
who is paid a salary or wage in accordance with schedule C of	1863
section 124.15 or schedule E-2 of section 124.152 of the Revised	1864
Code and whose primary duties do not require the exercise of	1865
administrative discretion; or any member of a board, commission,	1866
or bureau of any county or city who receives less than one	1867
thousand dollars per year for serving in that position.	1868

Sec. 103.24. There is hereby created in the state treasury	1869
the legislative agency telephone usage fund. Money collected from	1870
the house of representatives, senate, and joint legislative ethics	1871
committee shall be credited to the fund, along with money	1872
collected from any other legislative agency that the legislative	1873
service commission determines should account for calls made from	1874
the agency's telephones through the fund. The fund shall be used	1875
to pay the telephone carriers for all such telephone calls.	1876

Sec. 105.41. (A) There is hereby created in the legislative	1877
branch of government the capitol square review and advisory board,	1878
consisting of thirteen members as follows:	1879

(1) Two members of the senate, appointed by the president of	1880
the senate, both of whom shall not be members of the same	1881
political party;	1882

(2) Two members of the house of representatives, appointed by	1883
the speaker of the house of representatives, both of whom shall	1884
not be members of the same political party;	1885

(3) Five members appointed by the governor, with the advice	1886
and consent of the senate, not more than three of whom shall be	1887
members of the same political party, one of whom shall be the	1888
chief of staff of the governor's office, one of whom shall	1889
represent the Ohio arts council, one of whom shall represent the	1890
Ohio historical society, one of whom shall represent the Ohio	1891
building authority, and one of whom shall represent the public at	1892
large;	1893

(4) One member, who shall be a former president of the	1894
senate, appointed by the current president of the senate. If the	1895
current president of the senate, in the current president's	1896
discretion, decides for any reason not to make the appointment or	1897
if no person is eligible or available to serve, the seat shall	1898
remain vacant.	1899

(5) One member, who shall be a former speaker of the house of	1900
representatives, appointed by the current speaker of the house of	1901
representatives. If the current speaker of the house of	1902
representatives, in the current speaker's discretion, decides for	1903
any reason not to make the appointment or if no person is eligible	1904
or available to serve, the seat shall remain vacant.	1905

(6) The clerk of the senate and the clerk of the house of	1906
representatives.	1907

(B) Terms of office of each appointed member of the board	1908
shall be for three years, except that members of the general	1909
assembly appointed to the board shall be members of the board only	1910
so long as they are members of the general assembly and the chief	1911
of staff of the governor's office shall be a member of the board	1912
only so long as the appointing governor remains in office. Each	1913
member shall hold office from the date of the member's appointment	1914
until the end of the term for which the member was appointed. In	1915
case of a vacancy occurring on the board, the president of the	1916
senate, the speaker of the house of representatives, or the	1917
governor, as the case may be, shall in the same manner prescribed	1918
for the regular appointment to the commission, fill the vacancy	1919
by appointing a member. Any member appointed to fill a vacancy	1920
occurring prior to the expiration of the term for which the	1921
member's predecessor was appointed shall hold office for the	1922
remainder of the term. Any appointed member shall continue in	1923
office subsequent to the expiration date of the member's term	1924
until the member's successor takes office, or until a period of	1925
sixty days has elapsed, whichever occurs first.	1926

(C) The board shall hold meetings in a manner and at times	1927
prescribed by the rules adopted by the board. A majority of the	1928
board constitutes a quorum, and no action shall be taken by the	1929
board unless approved by at least six members or by at least seven	1930
members if a person is appointed under division (A)(4) or (5) of	1931
this section. At its first meeting, the board shall adopt rules	1932
for the conduct of its business and the election of its officers,	1933
and shall organize by selecting a chairperson and other officers	1934
as it considers necessary. Board members shall serve without	1935
compensation but shall be reimbursed for actual and necessary	1936
expenses incurred in the performance of their duties.	1937

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

1938

(1) Employ or hire on a consulting basis professional,	1939
technical, and clerical employees as are necessary for the	1940
performance of its duties;. All employees of the board are in the	1941
unclassified civil service and serve at the pleasure of the board.	1942
For the purposes of sections 718.04 and 4117.01 of the Revised	1943
Code, employees of the board shall be considered employees of the	1944
general assembly.	1945

(2) Hold public hearings at times and places as determined by	1946
the board;	1947

(3) Adopt, amend, or rescind rules necessary to accomplish	1948
the duties of the board as set forth in this section;	1949

(4) Sponsor, conduct, and support such social events as the	1950
board may authorize and consider appropriate for the employees of	1951
the board, employees and members of the general assembly,	1952
employees of persons under contract with the board or otherwise	1953
engaged to perform services on the premises of capitol square, or	1954
other persons as the board may consider appropriate. Subject to	1955
the requirements of Chapter 4303. of the Revised Code, the board	1956
may provide beer, wine, and intoxicating liquor, with or without	1957
charge, for those events and may use funds only from the sale of	1958
goods and services fund to purchase the beer, wine, and	1959
intoxicating liquor the board provides;	1960

(5) Purchase a warehouse in which to store items of the	1961
capitol collection trust and, whenever necessary, equipment or	1962
other property of the board.	1963

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

1964

(1) Have sole authority to coordinate and approve any	1965
improvements, additions, and renovations that are made to the	1966
capitol square. The improvements shall include, but not be limited	1967
to, the placement of monuments and sculpture on the capitol	1968
grounds.	1969

(2) Subject to section 3353.07 of the Revised Code, operate	1970
the capitol square, and have sole authority to regulate all uses	1971
of the capitol square. The uses shall include, but not be limited	1972
to, the casual and recreational use of the capitol square.	1973

(3) Employ, fix the compensation of, and prescribe the duties	1974
of the executive director of the board and other employees the	1975
board considers necessary for the performance of its powers and	1976
duties;	1977

(4) Establish and maintain the capitol collection trust. The	1978
capitol collection trust shall consist of furniture, antiques, and	1979
other items of personal property that the board shall store in	1980
suitable facilities until they are ready to be displayed in the	1981
capitol square.	1982

(5) Perform repair, construction, contracting, purchasing,	1983
maintenance, supervisory, and operating activities the board	1984
determines are necessary for the operation and maintenance of the	1985
capitol square;	1986

(6) Maintain and preserve the capitol square, in accordance	1987
with guidelines issued by the United States secretary of the	1988
interior for application of the secretary's standards for	1989
rehabilitation adopted in 36 C.F.R. part 67;	1990

(7) Plan and develop a center at the capitol building for the	1991
purpose of educating visitors about the history of Ohio, including	1992
its political, economic, and social development and the design and	1993
erection of the capitol building and its grounds.	1994

(F)(1) The board shall lease capital facilities improved or	1995
financed by the Ohio building authority pursuant to Chapter 152.	1996
of the Revised Code for the use of the board, and may enter into	1997
any other agreements with the authority ancillary to improvement,	1998
financing, or leasing of those capital facilities, including, but	1999
not limited to, any agreement required by the applicable bond	2000
proceedings authorized by Chapter 152. of the Revised Code. Any	2001
lease of capital facilities authorized by this section shall be	2002
governed by division (D) of section 152.24 of the Revised Code.	2003

(2) Fees, receipts, and revenues received by the board from	2004
the state underground parking garage constitute available receipts	2005
as defined in section 152.09 of the Revised Code, and may be	2006
pledged to the payment of bond service charges on obligations	2007
issued by the Ohio building authority pursuant to Chapter 152. of	2008
the Revised Code to improve, finance, or purchase capital	2009
facilities useful to the board. The authority may, with the	2010
consent of the board, provide in the bond proceedings for a pledge	2011
of all or a portion of those fees, receipts, and revenues as the	2012
authority determines. The authority may provide in the bond	2013
proceedings or by separate agreement with the board for the	2014
transfer of those fees, receipts, and revenues to the appropriate	2015
bond service fund or bond service reserve fund as required to pay	2016
the bond service charges when due, and any such provision for the	2017
transfer of those fees, receipts, and revenues shall be	2018
controlling notwithstanding any other provision of law pertaining	2019
to those fees, receipts, and revenues.	2020

(3) All moneys received by the treasurer of state on account	2021
of the board and required by the applicable bond proceedings or by	2022
separate agreement with the board to be deposited, transferred, or	2023
credited to the bond service fund or bond service reserve fund	2024
established by the bond proceedings shall be transferred by the	2025
treasurer of state to such fund, whether or not it is in the	2026
custody of the treasurer of state, without necessity for further	2027
appropriation, upon receipt of notice from the Ohio building	2028
authority as prescribed in the bond proceedings.	2029

(G) All fees, receipts, and revenues received by the board	2030
from the state underground parking garage shall be deposited into	2031
the state treasury to the credit of the underground parking garage	2032
operating fund, which is hereby created, to be used for the	2033
purposes specified in division (F) of this section and for the	2034
operation and maintenance of the garage. All investment earnings	2035
of the fund shall be credited to the fund.	2036

(H) All donations received by the board shall be deposited	2037
into the state treasury to the credit of the capitol square	2038
renovation gift fund, which is hereby created. The fund shall be	2039
used by the board as follows:	2040

(1) To provide part or all of the funding related to	2041
construction, goods, or services for the renovation of the capitol	2042
square;	2043

(2) To purchase art, antiques, and artifacts for display at	2044
the capitol square;	2045

(3) To award contracts or make grants to organizations for	2046
educating the public regarding the historical background and	2047
governmental functions of the capitol square. Chapters 125., 127.,	2048
and 153. and section 3517.13 of the Revised Code do not apply to	2049
purchases made exclusively from the fund, notwithstanding anything	2050
to the contrary in those chapters or that section. All investment	2051
earnings of the fund shall be credited to the fund.	2052

(I) Except as provided in divisions (G), (H), and (J) of this	2053
section, all fees, receipts, and revenues received by the board	2054
shall be deposited into the state treasury to the credit of the	2055
sale of goods and services fund, which is hereby created. Money	2056
credited to the fund shall be used solely to pay costs of the	2057
board other than those specified in divisions (F) and (G) of this	2058
section. All investment earnings of the fund shall be credited to	2059
the fund.	2060

(J) There is hereby created in the state treasury the capitol	2061
square improvement fund, to be used by the board to pay	2062
construction, renovation, and other costs related to the capitol	2063
square for which money is not otherwise available to the board.	2064
Whenever the board determines that there is a need to incur those	2065
costs and that the unencumbered, unobligated balance to the credit	2066
of the underground parking garage operating fund exceeds the	2067
amount needed for the purposes specified in division (F) of this	2068
section and for the operation and maintenance of the garage, the	2069
board may request the director of budget and management to	2070
transfer from the underground parking garage operating fund to the	2071
capitol square improvement fund the amount needed to pay such	2072
construction, renovation, or other costs. The director then shall	2073
transfer the amount needed from the excess balance of the	2074
underground parking garage operating fund.	2075

(K) As the operation and maintenance of the capitol square	2076
constitute essential government functions of a public purpose, the	2077
board shall not be required to pay taxes or assessments upon the	2078
square, upon any property acquired or used by the board under this	2079
section, or upon any income generated by the operation of the	2080
square.	2081

(L) Section 125.18 of the Revised Code does not apply to the	2082
board.	2083

(M) As used in this section, "capitol square" means the	2084
capitol building, senate building, capitol atrium, capitol	2085
grounds, the state underground parking garage, and the warehouse	2086
owned by the board.	2087

~~(M)~~(N) The capitol annex shall be known as the senate	2088
building.	2089

Sec. 107.19. The governor shall have no power to issue any	2090
executive order that has previously been issued and that the	2091
federal trade commission, office of policy planning, bureau of	2092
economics, and bureau of competition has opined is	2093
anti-competitive and is in violation of anti-trust laws. Any such	2094
executive order shall be considered invalid and unenforceable.	2095

Sec. 107.21. (A) As used in this section, "Appalachian	2096
region" means the following counties in this state ~~which~~that have	2097
been designated as part of Appalachia by the federal Appalachian	2098
regional commission and ~~which~~that have been geographically	2099
isolated and economically depressed: Adams, Ashtabula, Athens,	2100
Belmont, Brown, Carroll, Clermont, Columbiana, Coshocton, Gallia,	2101
Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, Jefferson,	2102
Lawrence, Mahoning, Meigs, Monroe, Morgan, Muskingum, Noble,	2103
Perry, Pike, Ross, Scioto, Trumbull, Tuscarawas, Vinton, and	2104
Washington.	2105

(B) There is hereby created in the department of development	2106
the governor's office of Appalachian Ohio. The governor shall	2107
designate the director of the governor's office of Appalachian	2108
Ohio. The director shall report directly to the office of the	2109
governor. On January 1, 1987, the governor shall designate the	2110
director to represent this state on the federal Appalachian	2111
regional commission. The director may appoint such employees as	2112
are necessary to exercise the powers and duties of this office.	2113
The director shall maintain local development districts as	2114
established within the Appalachian region for the purpose of	2115
regional planning for the distribution of funds from the	2116
Appalachian regional commission within the Appalachian region.	2117

(C) The governor's office of Appalachian Ohio shall represent	2118
the interests of the Appalachian region in the government of this	2119
state. The duties of the director of the office shall include, but	2120
are not limited to, the following:	2121

(1) To identify residents of the Appalachian region qualified	2122
to serve on state boards, commissions, and bodies and in state	2123
offices, and to bring these persons to the attention of the	2124
governor;	2125

(2) To represent the interests of the Appalachian region in	2126
the general assembly and before state boards, commissions, bodies,	2127
and agencies;	2128

(3) To assist in forming a consensus on public issues and	2129
policies among institutions and organizations that serve the	2130
Appalachian region;	2131

(4) To act as an ~~ombudsman~~ombudsperson to assist in	2132
resolving differences between state or federal agencies and the	2133
officials of political subdivisions or private, nonprofit	2134
organizations located within the Appalachian region;	2135

(5) To assist planning commissions, agencies, and	2136
organizations within the Appalachian region in distributing	2137
planning information and documents to the appropriate state and	2138
federal agencies and to assist in focusing attention on any	2139
findings and recommendations of these commissions, agencies, and	2140
organizations;	2141

(6) To issue reports on the Appalachian region ~~which~~that	2142
describe progress achieved and the needs that still exist in the	2143
region;	2144

(7) To assist the governor's office in resolving the problems	2145
of residents of the Appalachian region that come to the governor's	2146
attention.	2147

(D) The amount of money from appropriated state funds	2148
allocated each year to pay administrative costs of a local	2149
development district existing on the effective date of this	2150
amendment shall not be decreased due to the creation and funding	2151
of additional local development districts. The amount of money	2152
allocated to each district shall be increased each year by the	2153
average percentage of increase in the consumer price index for the	2154
prior year.	2155

As used in this division, "consumer price index" means the	2156
consumer price index for all urban consumers (United States city	2157
average, all items), prepared by the United States department of	2158
labor, bureau of labor statistics.	2159

Sec. 107.40. (A) There is hereby created the governor's	2160
residence advisory commission. The commission shall provide for	2161
the preservation, restoration, acquisition, and conservation of	2162
all decorations, objects of art, chandeliers, china, silver,	2163
statues, paintings, furnishings, accouterments, and other	2164
aesthetic materials that have been acquired, donated, loaned, or	2165
otherwise obtained by the state for the governor's residence and	2166
that have been approved by the commission. In addition, the	2167
commission shall provide for the maintenance of plants that have	2168
been acquired, donated, loaned, or otherwise obtained by the state	2169
for the governor's residence and that have been approved by the	2170
commission.	2171

(B) The commission shall be responsible for the care,	2172
provision, repair, and placement of furnishings and other objects	2173
and accessories of the grounds and public areas of the first story	2174
of the governor's residence and for the care and placement of	2175
plants on the grounds. The commission shall not exercise its	2176
responsibility under this division by using prison labor. In	2177
exercising ~~this~~its responsibility under this division, the	2178
commission shall preserve and seek to further establish all of the	2179
following:	2180

(1) The authentic ambiance and decor of the historic era	2181
during which the governor's residence was constructed;	2182

(2) The grounds as a representation of Ohio's natural	2183
ecosystems;	2184

(3) The heritage garden for all of the following purposes:

2185

(a) To preserve, sustain, and encourage the use of native	2186
flora throughout the state;	2187

(b) To replicate the state's physiographic regions, plant	2188
communities, and natural landscapes;	2189

(c) To serve as an educational garden that demonstrates the	2190
artistic, industrial, political, horticultural, and geologic	2191
history of the state through the use of plants;	2192

(d) To serve as a reservoir of rare species of plants from	2193
the physiographic regions of the state.	2194

These duties shall not affect the obligation of the	2195
department of administrative services to provide for and adopt	2196
policies and procedures regarding the use, general maintenance,	2197
and operating expenses of the governor's residence. The department	2198
shall not use prison labor in providing for the general	2199
maintenance of the governor's residence.	2200

(C) The commission shall consist of eleven members. One	2201
member shall be the director of administrative services or the	2202
director's designee, who shall serve during the director's term of	2203
office and shall serve as chairperson. One member shall be the	2204
director of the Ohio historical society or the director's	2205
designee, who shall serve during the director's term of office and	2206
shall serve as vice-chairperson. One member shall represent the	2207
Columbus landmarks foundation. One member shall represent the	2208
Bexley historical society. One member shall be the mayor of the	2209
city of Bexley, who shall serve during the mayor's term of office.	2210
One member shall be the chief executive officer of the Franklin	2211
park conservatory joint recreation district, who shall serve	2212
during the term of employment as chief executive officer. The	2213
remaining five members shall be appointed by the governor with the	2214
advice and consent of the senate. The five members appointed by	2215
the governor shall be persons with knowledge of Ohio history,	2216
architecture, decorative arts, or historic preservation, and one	2217
of those members shall have knowledge of landscape architecture,	2218
garden design, horticulture, and plants native to this state.	2219

(D) Of the initial appointees, the representative of the	2220
Columbus landmarks foundation shall serve for a term expiring	2221
December 31, 1996, and the representative of the Bexley historical	2222
society shall serve for a term expiring December 31, 1997. Of the	2223
five members appointed by the governor, three shall serve for	2224
terms ending December 31, 1998, and two shall serve for terms	2225
ending December 31, 1999. Thereafter, each term shall be for four	2226
years, commencing on the first day of January and ending on the	2227
last day of December. The member having knowledge of landscape	2228
architecture, garden design, horticulture, and plants native to	2229
this state initially shall be appointed upon the first vacancy on	2230
the commission occurring on or after June 30, 2006.	2231

Each member shall hold office from the date of the member's	2232
appointment until the end of the term for which the member was	2233
appointed. Any member appointed to fill a vacancy occurring prior	2234
to the end of the term for which the member's predecessor was	2235
appointed shall hold office for the remainder of the term. Any	2236
member shall continue in office subsequent to the expiration of	2237
the term until the member's successor takes office.	2238

(E) Six members of the commission constitute a quorum, and	2239
the affirmative vote of six members is required for approval of	2240
any action by the commission.	2241

(F) After each initial member of the commission has been	2242
appointed, the commission shall meet and select one member as	2243
secretary and another as treasurer. Organizational meetings of the	2244
commission shall be held at the time and place designated by call	2245
of the chairperson. Meetings of the commission may be held	2246
anywhere in the state and shall be in compliance with Chapters	2247
121. and 149. of the Revised Code. The commission may adopt,	2248
pursuant to section 111.15 of the Revised Code, rules necessary to	2249
carry out the purposes of this section.	2250

(G) Members of the commission shall serve without	2251
remuneration, but shall be compensated for actual and necessary	2252
expenses incurred in the performance of their official duties.	2253

(H) All expenses incurred in carrying out this section are	2254
payable solely from money accrued under this section or	2255
appropriated for these purposes by the general assembly, and the	2256
commission shall incur no liability or obligation beyond such	2257
money.	2258

(I) Except as otherwise provided in this division, the	2259
commission may accept any payment for the use of the governor's	2260
residence or may accept any donation, gift, bequest, or devise for	2261
the governor's residence or as an endowment for the maintenance	2262
and care of the garden on the grounds of the governor's residence	2263
in furtherance of its duties. The commission shall not accept any	2264
donation, gift, bequest, or devise from a person, individual, or	2265
member of an individual's immediate family if the person or	2266
individual is receiving payments under a contract with the state	2267
or a state agency for the purchase of supplies, services, or	2268
equipment or for the construction, reconstruction, improvement,	2269
enlargement, alteration, repair, painting, or decoration of a	2270
public improvement, except for payments received under an	2271
employment contract or a collective bargaining agreement. Any	2272
revenue received by the commission shall be deposited into the	2273
governor's residence fund, which is hereby established in the	2274
state treasury, for use by the commission in accordance with the	2275
performance of its duties. All investment earnings of the fund	2276
shall be credited to the fund. Title to all property acquired by	2277
the commission shall be taken in the name of the state and shall	2278
be held for the use and benefit of the commission.	2279

(J) Nothing in this section limits the ability of a person or	2280
other entity to purchase decorations, objects of art, chandeliers,	2281
china, silver, statues, paintings, furnishings, accouterments,	2282
plants, or other aesthetic materials for placement in the	2283
governor's residence or on the grounds of the governor's residence	2284
or donation to the commission. No such object or plant, however,	2285
shall be placed on the grounds or public areas of the first story	2286
of the governor's residence without the consent of the commission.	2287

(K) The heritage garden established under this section shall	2288
be officially known as "the heritage garden at the Ohio governor's	2289
residence."	2290

(L) As used in this section, "heritage garden" means the	2291
botanical garden of native plants established at the governor's	2292
residence.	2293

Sec. 109.57. (A)(1) The superintendent of the bureau of	2294
criminal identification and investigation shall procure from	2295
wherever procurable and file for record photographs, pictures,	2296
descriptions, fingerprints, measurements, and other information	2297
that may be pertinent of all persons who have been convicted of	2298
committing within this state a felony, any crime constituting a	2299
misdemeanor on the first offense and a felony on subsequent	2300
offenses, or any misdemeanor described in division (A)(1)(a),	2301
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	2302
of all children under eighteen years of age who have been	2303
adjudicated delinquent children for committing within this state	2304
an act that would be a felony or an offense of violence if	2305
committed by an adult or who have been convicted of or pleaded	2306
guilty to committing within this state a felony or an offense of	2307
violence, and of all well-known and habitual criminals. The	2308
person in charge of any county, multicounty, municipal,	2309
municipal-county, or multicounty-municipal jail or workhouse,	2310
community-based correctional facility, halfway house, alternative	2311
residential facility, or state correctional institution and the	2312
person in charge of any state institution having custody of a	2313
person suspected of having committed a felony, any crime	2314
constituting a misdemeanor on the first offense and a felony on	2315
subsequent offenses, or any misdemeanor described in division	2316
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	2317
Revised Code or having custody of a child under eighteen years of	2318
age with respect to whom there is probable cause to believe that	2319
the child may have committed an act that would be a felony or an	2320
offense of violence if committed by an adult shall furnish such	2321
material to the superintendent of the bureau. Fingerprints,	2322
photographs, or other descriptive information of a child who is	2323
under eighteen years of age, has not been arrested or otherwise	2324
taken into custody for committing an act that would be a felony	2325
or an offense of violence who is not in any other category of	2326
child specified in this division, if committed by an adult, has	2327
not been adjudicated a delinquent child for committing an act	2328
that would be a felony or an offense of violence if committed by	2329
an adult, has not been convicted of or pleaded guilty to	2330
committing a felony or an offense of violence, and is not a child	2331
with respect to whom there is probable cause to believe that the	2332
child may have committed an act that would be a felony or an	2333
offense of violence if committed by an adult shall not be	2334
procured by the superintendent or furnished by any person in	2335
charge of any county, multicounty, municipal, municipal-county,	2336
or multicounty-municipal jail or workhouse, community-based	2337
correctional facility, halfway house, alternative residential	2338
facility, or state correctional institution, except as authorized	2339
in section 2151.313 of the Revised Code.	2340

(2) Every clerk of a court of record in this state, other	2341
than the supreme court or a court of appeals, shall send to the	2342
superintendent of the bureau a weekly report containing a summary	2343
of each case involving a felony, involving any crime constituting	2344
a misdemeanor on the first offense and a felony on subsequent	2345
offenses, involving a misdemeanor described in division (A)(1)(a),	2346
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	2347
or involving an adjudication in a case in which a child under	2348
eighteen years of age was alleged to be a delinquent child for	2349
committing an act that would be a felony or an offense of	2350
violence if committed by an adult. The clerk of the court of	2351
common pleas shall include in the report and summary the clerk	2352
sends under this division all information described in divisions	2353
(A)(2)(a) to (f) of this section regarding a case before the	2354
court of appeals that is served by that clerk. The summary shall	2355
be written on the standard forms furnished by the superintendent	2356
pursuant to division (B) of this section and shall include the	2357
following information:	2358

(a) The incident tracking number contained on the standard	2359
forms furnished by the superintendent pursuant to division (B) of	2360
this section;	2361

(b) The style and number of the case;

2362

2363

(d) The date that the person was convicted of or pleaded	2364
guilty to the offense, adjudicated a delinquent child for	2365
committing the act that would be a felony or an offense of	2366
violence if committed by an adult, found not guilty of the	2367
offense, or found not to be a delinquent child for committing an	2368
act that would be a felony or an offense of violence if committed	2369
by an adult, the date of an entry dismissing the charge, an entry	2370
declaring a mistrial of the offense in which the person is	2371
discharged, an entry finding that the person or child is not	2372
competent to stand trial, or an entry of a nolle prosequi, or the	2373
date of any other determination that constitutes final resolution	2374
of the case;	2375

(e) A statement of the original charge with the section of	2376
the Revised Code that was alleged to be violated;	2377

(f) If the person or child was convicted, pleaded guilty, or	2378
was adjudicated a delinquent child, the sentence or terms of	2379
probation imposed or any other disposition of the offender or the	2380
delinquent child.	2381

If the offense involved the disarming of a law enforcement	2382
officer or an attempt to disarm a law enforcement officer, the	2383
clerk shall clearly state that fact in the summary, and the	2384
superintendent shall ensure that a clear statement of that fact is	2385
placed in the bureau's records.	2386

(3) The superintendent shall cooperate with and assist	2387
sheriffs, chiefs of police, and other law enforcement officers in	2388
the establishment of a complete system of criminal identification	2389
and in obtaining fingerprints and other means of identification of	2390
all persons arrested on a charge of a felony, any crime	2391
constituting a misdemeanor on the first offense and a felony on	2392
subsequent offenses, or a misdemeanor described in division	2393
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	2394
Revised Code and of all children under eighteen years of age	2395
arrested or otherwise taken into custody for committing an act	2396
that would be a felony or an offense of violence if committed by	2397
an adult. The superintendent also shall file for record the	2398
fingerprint impressions of all persons confined in a county,	2399
multicounty, municipal, municipal-county, or multicounty-municipal	2400
jail or workhouse, community-based correctional facility, halfway	2401
house, alternative residential facility, or state correctional	2402
institution for the violation of state laws and of all children	2403
under eighteen years of age who are confined in a county,	2404
multicounty, municipal, municipal-county, or multicounty-municipal	2405
jail or workhouse, community-based correctional facility, halfway	2406
house, alternative residential facility, or state correctional	2407
institution or in any facility for delinquent children for	2408
committing an act that would be a felony or an offense of violence	2409
if committed by an adult, and any other information that the	2410
superintendent may receive from law enforcement officials of the	2411
state and its political subdivisions.	2412

(4) The superintendent shall carry out Chapter 2950. of the	2413
Revised Code with respect to the registration of persons who are	2414
convicted of or plead guilty to a sexually oriented offense or a	2415
child-victim oriented offense and with respect to all other duties	2416
imposed on the bureau under that chapter.	2417

(5) The bureau shall perform centralized recordkeeping	2418
functions for criminal history records and services in this state	2419
for purposes of the national crime prevention and privacy compact	2420
set forth in section 109.571 of the Revised Code and is the	2421
criminal history record repository as defined in that section for	2422
purposes of that compact. The superintendent or the	2423
superintendent's designee is the compact officer for purposes of	2424
that compact and shall carry out the responsibilities of the	2425
compact officer specified in that compact.	2426

(B) The superintendent shall prepare and furnish to every	2427
county, multicounty, municipal, municipal-county, or	2428
multicounty-municipal jail or workhouse, community-based	2429
correctional facility, halfway house, alternative residential	2430
facility, or state correctional institution and to every clerk of	2431
a court in this state specified in division (A)(2) of this section	2432
standard forms for reporting the information required under	2433
division (A) of this section. The standard forms that the	2434
superintendent prepares pursuant to this division may be in a	2435
tangible format, in an electronic format, or in both tangible	2436
formats and electronic formats.	2437

(C)(1) The superintendent may operate a center for	2438
electronic, automated, or other data processing for the storage	2439
and retrieval of information, data, and statistics pertaining to	2440
criminals and to children under eighteen years of age who are	2441
adjudicated delinquent children for committing an act that would	2442
be a felony or an offense of violence if committed by an adult,	2443
criminal activity, crime prevention, law enforcement, and criminal	2444
justice, and may establish and operate a statewide communications	2445
network to gather and disseminate information, data, and	2446
statistics for the use of law enforcement agencies and for other	2447
uses specified in this division. The superintendent may gather,	2448
store, retrieve, and disseminate information, data, and statistics	2449
that pertain to children who are under eighteen years of age and	2450
that are gathered pursuant to sections 109.57 to 109.61 of the	2451
Revised Code together with information, data, and statistics that	2452
pertain to adults and that are gathered pursuant to those	2453
sections.	2454

(2) The superintendent or the superintendent's designee shall	2455
gather information of the nature described in division (C)(1) of	2456
this section that pertains to the offense and delinquency history	2457
of a person who has been convicted of, pleaded guilty to, or been	2458
adjudicated a delinquent child for committing a sexually oriented	2459
offense or a child-victim oriented offense for inclusion in the	2460
state registry of sex offenders and child-victim offenders	2461
maintained pursuant to division (A)(1) of section 2950.13 of the	2462
Revised Code and in the internet database operated pursuant to	2463
division (A)(13) of that section and for possible inclusion in the	2464
internet database operated pursuant to division (A)(11) of that	2465
section.	2466

(3) In addition to any other authorized use of information,	2467
data, and statistics of the nature described in division (C)(1)	2468
of this section, the superintendent or the superintendent's	2469
designee may provide and exchange the information, data, and	2470
statistics pursuant to the national crime prevention and privacy	2471
compact as described in division (A)(5) of this section.	2472

(D) The information and materials furnished to the	2473
superintendent pursuant to division (A) of this section and	2474
information and materials furnished to any board or person under	2475
division (F) or (G) of this section are not public records under	2476
section 149.43 of the Revised Code. The superintendent or the	2477
superintendent's designee shall gather and retain information so	2478
furnished under division (A) of this section that pertains to the	2479
offense and delinquency history of a person who has been convicted	2480
of, pleaded guilty to, or been adjudicated a delinquent child for	2481
committing a sexually oriented offense or a child-victim oriented	2482
offense for the purposes described in division (C)(2) of this	2483
section.	2484

(E) The attorney general shall adopt rules, in accordance	2485
with Chapter 119. of the Revised Code, setting forth the procedure	2486
by which a person may receive or release information gathered by	2487
the superintendent pursuant to division (A) of this section. A	2488
reasonable fee may be charged for this service. If a temporary	2489
employment service submits a request for a determination of	2490
whether a person the service plans to refer to an employment	2491
position has been convicted of or pleaded guilty to an offense	2492
listed in division (A)(1), (3), (4), (5), or (6) of section	2493
109.572 of the Revised Code, the request shall be treated as a	2494
single request and only one fee shall be charged.	2495

(F)(1) As used in division (F)(2) of this section, "head	2496
start agency" means an entity in this state that has been approved	2497
to be an agency for purposes of subchapter II of the "Community	2498
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	2499
as amended.	2500

(2)(a) In addition to or in conjunction with any request that	2501
is required to be made under section 109.572, 2151.86, 3301.32, or	2502
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012,	2503
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the	2504
Revised Code or that is made under section 3314.41, 3319.392,	2505
or 3326.25 of the Revised Code, the board of education of any	2506
school district; the director of mental retardation and	2507
developmental disabilities; any county board of mental	2508
retardation and developmental disabilities; any entity under	2509
contract with a county board of mental retardation and	2510
developmental disabilities; the chief administrator of any	2511
chartered nonpublic school; the chief administrator of any home	2512
health agency; the chief administrator of or person operating any	2513
child day-care center, type A family day-care home, or type B	2514
family day-care home licensed or certified under Chapter 5104. of	2515
the Revised Code; the administrator of any type C family day-care	2516
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	2517
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	2518
general assembly; the chief administrator of any head start	2519
agency; the executive director of a public children services	2520
agency; a private company described in section 3314.41, 3319.392,	2521
or 3326.25 of the Revised Code; or an employer described in	2522
division (J)(2) of section 3327.10 of the Revised Code may	2523
request that the superintendent of the bureau investigate and	2524
determine, with respect to any individual who has applied for	2525
employment in any position after October 2, 1989, or any	2526
individual wishing to apply for employment with a board of	2527
education may request, with regard to the individual, whether the	2528
bureau has any information gathered under division (A) of this	2529
section that pertains to that individual. On receipt of the	2530
request, the superintendent shall determine whether that	2531
information exists and, upon request of the person, board, or	2532
entity requesting information, also shall request from the	2533
federal bureau of investigation any criminal records it has	2534
pertaining to that individual. The superintendent or the	2535
superintendent's designee also may request criminal history	2536
records from other states or the federal government pursuant to	2537
the national crime prevention and privacy compact set forth in	2538
section 109.571 of the Revised Code. Within thirty days of the	2539
date that the superintendent receives a request, the	2540
superintendent shall send to the board, entity, or person a	2541
report of any information that the superintendent determines	2542
exists, including information contained in records that have been	2543
sealed under section 2953.32 of the Revised Code, and, within	2544
thirty days of its receipt, shall send the board, entity, or	2545
person a report of any information received from the federal	2546
bureau of investigation, other than information the dissemination	2547
of which is prohibited by federal law.	2548

(b) When a board of education is required to receive	2549
information under this section as a prerequisite to employment	2550
of an individual pursuant to section 3319.39 of the Revised	2551
Code, it may accept a certified copy of records that were issued	2552
by the bureau of criminal identification and investigation and	2553
that are presented by an individual applying for employment with	2554
the district in lieu of requesting that information itself. In	2555
such a case, the board shall accept the certified copy issued	2556
by the bureau in order to make a photocopy of it for that	2557
individual's employment application documents and shall return	2558
the certified copy to the individual. In a case of that nature,	2559
a district only shall accept a certified copy of records of	2560
that nature within one year after the date of their issuance by	2561
the bureau.	2562

(c) Notwithstanding division (F)(2)(a) of this section, in	2563
the case of a request under section 3319.39, 3319.391, or 3327.10	2564
of the Revised Code only for criminal records maintained by the	2565
federal bureau of investigation, the superintendent shall not	2566
determine whether any information gathered under division (A) of	2567
this section exists on the person for whom the request is made.	2568

(3) The state board of education may request, with respect to	2569
any individual who has applied for employment after October 2,	2570
1989, in any position with the state board or the department of	2571
education, any information that a school district board of	2572
education is authorized to request under division (F)(2) of this	2573
section, and the superintendent of the bureau shall proceed as if	2574
the request has been received from a school district board of	2575
education under division (F)(2) of this section.	2576

(4) When the superintendent of the bureau receives a request	2577
for information under section 3319.291 of the Revised Code, the	2578
superintendent shall proceed as if the request has been received	2579
from a school district board of education ~~under division~~and shall	2580
comply with divisions (F)(2)(a) and (c) of this section.	2581

(5) When a recipient of a classroom reading improvement	2582
grant paid under section 3301.86 of the Revised Code requests,	2583
with respect to any individual who applies to participate in	2584
providing any program or service funded in whole or in part by	2585
the grant, the information that a school district board of	2586
education is authorized to request under division (F)(2)(a) of	2587
this section, the superintendent of the bureau shall proceed as	2588
if the request has been received from a school district board of	2589
education under division (F)(2)(a) of this section.	2590

(G) In addition to or in conjunction with any request that is	2591
required to be made under section 3701.881, 3712.09, 3721.121, or	2592
3722.151 of the Revised Code with respect to an individual who has	2593
applied for employment in a position that involves providing	2594
direct care to an older adult, the chief administrator of a home	2595
health agency, hospice care program, home licensed under Chapter	2596
3721. of the Revised Code, adult day-care program operated	2597
pursuant to rules adopted under section 3721.04 of the Revised	2598
Code, or adult care facility may request that the superintendent	2599
of the bureau investigate and determine, with respect to any	2600
individual who has applied after January 27, 1997, for employment	2601
in a position that does not involve providing direct care to an	2602
older adult, whether the bureau has any information gathered	2603
under division (A) of this section that pertains to that	2604
individual.	2605

In addition to or in conjunction with any request that is	2606
required to be made under section 173.27 of the Revised Code with	2607
respect to an individual who has applied for employment in a	2608
position that involves providing ombudsperson services to	2609
residents of long-term care facilities or recipients of	2610
community-based long-term care services, the state long-term care	2611
ombudsperson, ombudsperson's designee, or director of health may	2612
request that the superintendent investigate and determine, with	2613
respect to any individual who has applied for employment in a	2614
position that does not involve providing such ombudsperson	2615
services, whether the bureau has any information gathered under	2616
division (A) of this section that pertains to that applicant.	2617

In addition to or in conjunction with any request that is	2618
required to be made under section 173.394 of the Revised Code with	2619
respect to an individual who has applied for employment in a	2620
position that involves providing direct care to an individual, the	2621
chief administrator of a community-based long-term care agency may	2622
request that the superintendent investigate and determine, with	2623
respect to any individual who has applied for employment in a	2624
position that does not involve providing direct care, whether the	2625
bureau has any information gathered under division (A) of this	2626
section that pertains to that applicant.	2627

On receipt of a request under this division, the	2628
superintendent shall determine whether that information exists	2629
and, on request of the individual requesting information, shall	2630
also request from the federal bureau of investigation any criminal	2631
records it has pertaining to the applicant. The superintendent or	2632
the superintendent's designee also may request criminal history	2633
records from other states or the federal government pursuant to	2634
the national crime prevention and privacy compact set forth in	2635
section 109.571 of the Revised Code. Within thirty days of the	2636
date a request is received, the superintendent shall send to the	2637
requester a report of any information determined to exist,	2638
including information contained in records that have been sealed	2639
under section 2953.32 of the Revised Code, and, within thirty days	2640
of its receipt, shall send the requester a report of any	2641
information received from the federal bureau of investigation,	2642
other than information the dissemination of which is prohibited by	2643
federal law.	2644

(H) Information obtained by a government entity or person	2645
under this section is confidential and shall not be released or	2646
disseminated.	2647

(I) The superintendent may charge a reasonable fee for	2648
providing information or criminal records under division (F)(2) or	2649
(G) of this section.	2650

(J) As used in this section, "sexually oriented offense" and	2651
"child-victim oriented offense" have the same meanings as in	2652
section 2950.01 of the Revised Code.	2653

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	2654
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised	2655
Code, a completed form prescribed pursuant to division (C)(1) of	2656
this section, and a set of fingerprint impressions obtained in	2657
the manner described in division (C)(2) of this section, the	2658
superintendent of the bureau of criminal identification and	2659
investigation shall conduct a criminal records check in the	2660
manner described in division (B) of this section to determine	2661
whether any information exists that indicates that the person who	2662
is the subject of the request previously has been convicted of or	2663
pleaded guilty to any of the following:	2664

(a) A violation of section 2903.01, 2903.02, 2903.03,	2665
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2666
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	2667
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	2668
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	2669
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	2670
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	2671
2925.06, or 3716.11 of the Revised Code, felonious sexual	2672
penetration in violation of former section 2907.12 of the Revised	2673
Code, a violation of section 2905.04 of the Revised Code as it	2674
existed prior to July 1, 1996, a violation of section 2919.23 of	2675
the Revised Code that would have been a violation of section	2676
2905.04 of the Revised Code as it existed prior to July 1, 1996,	2677
had the violation been committed prior to that date, or a	2678
violation of section 2925.11 of the Revised Code that is not a	2679
minor drug possession offense;	2680

(b) A violation of an existing or former law of this state,	2681
any other state, or the United States that is substantially	2682
equivalent to any of the offenses listed in division (A)(1)(a) of	2683
this section.	2684

(2) On receipt of a request pursuant to section 5123.081 of	2685
the Revised Code with respect to an applicant for employment in	2686
any position with the department of mental retardation and	2687
developmental disabilities, pursuant to section 5126.28 of the	2688
Revised Code with respect to an applicant for employment in any	2689
position with a county board of mental retardation and	2690
developmental disabilities, or pursuant to section 5126.281 of the	2691
Revised Code with respect to an applicant for employment in a	2692
direct services position with an entity contracting with a county	2693
board for employment, a completed form prescribed pursuant to	2694
division (C)(1) of this section, and a set of fingerprint	2695
impressions obtained in the manner described in division (C)(2) of	2696
this section, the superintendent of the bureau of criminal	2697
identification and investigation shall conduct a criminal records	2698
check. The superintendent shall conduct the criminal records check	2699
in the manner described in division (B) of this section to	2700
determine whether any information exists that indicates that the	2701
person who is the subject of the request has been convicted of or	2702
pleaded guilty to any of the following:	2703

(a) A violation of section 2903.01, 2903.02, 2903.03,	2704
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2705
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	2706
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	2707
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	2708
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	2709
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	2710
2925.03, or 3716.11 of the Revised Code;	2711

(b) An existing or former municipal ordinance or law of this	2712
state, any other state, or the United States that is substantially	2713
equivalent to any of the offenses listed in division (A)(2)(a) of	2714
this section.	2715

(3) On receipt of a request pursuant to section 173.27,	2716
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	2717
completed form prescribed pursuant to division (C)(1) of this	2718
section, and a set of fingerprint impressions obtained in the	2719
manner described in division (C)(2) of this section, the	2720
superintendent of the bureau of criminal identification and	2721
investigation shall conduct a criminal records check with respect	2722
to any person who has applied for employment in a position for	2723
which a criminal records check is required by those sections. The	2724
superintendent shall conduct the criminal records check in the	2725
manner described in division (B) of this section to determine	2726
whether any information exists that indicates that the person who	2727
is the subject of the request previously has been convicted of or	2728
pleaded guilty to any of the following:	2729

(a) A violation of section 2903.01, 2903.02, 2903.03,	2730
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2731
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	2732
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	2733
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	2734
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	2735
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	2736
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	2737
2925.22, 2925.23, or 3716.11 of the Revised Code;	2738

(b) An existing or former law of this state, any other state,	2739
or the United States that is substantially equivalent to any of	2740
the offenses listed in division (A)(3)(a) of this section.	2741

(4) On receipt of a request pursuant to section 3701.881 of	2742
the Revised Code with respect to an applicant for employment with	2743
a home health agency as a person responsible for the care,	2744
custody, or control of a child, a completed form prescribed	2745
pursuant to division (C)(1) of this section, and a set of	2746
fingerprint impressions obtained in the manner described in	2747
division (C)(2) of this section, the superintendent of the bureau	2748
of criminal identification and investigation shall conduct a	2749
criminal records check. The superintendent shall conduct the	2750
criminal records check in the manner described in division (B) of	2751
this section to determine whether any information exists that	2752
indicates that the person who is the subject of the request	2753
previously has been convicted of or pleaded guilty to any of the	2754
following:	2755

(a) A violation of section 2903.01, 2903.02, 2903.03,	2756
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2757
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	2758
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	2759
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	2760
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	2761
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	2762
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	2763
violation of section 2925.11 of the Revised Code that is not a	2764
minor drug possession offense;	2765

(b) An existing or former law of this state, any other state,	2766
or the United States that is substantially equivalent to any of	2767
the offenses listed in division (A)(4)(a) of this section.	2768

(5) On receipt of a request pursuant to section 5111.032,	2769
5111.033, or 5111.034 of the Revised Code, a completed form	2770
prescribed pursuant to division (C)(1) of this section, and a set	2771
of fingerprint impressions obtained in the manner described in	2772
division (C)(2) of this section, the superintendent of the bureau	2773
of criminal identification and investigation shall conduct a	2774
criminal records check. The superintendent shall conduct the	2775
criminal records check in the manner described in division (B) of	2776
this section to determine whether any information exists that	2777
indicates that the person who is the subject of the request	2778
previously has been convicted of, has pleaded guilty to, or has	2779
been found eligible for intervention in lieu of conviction for	2780
any of the following, regardless of the date of the conviction,	2781
the date of entry of the guilty plea, or the date the person was	2782
found eligible for intervention in lieu of conviction:	2783

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	2784
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	2785
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	2786
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	2787
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	2788
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	2789
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	2790
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	2791
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	2792
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	2793
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	2794
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	2795
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	2796
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	2797
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	2798
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious	2799
sexual penetration in violation of former section 2907.12 of the	2800
Revised Code, a violation of section 2905.04 of the Revised Code	2801
as it existed prior to July 1, 1996, a violation of section	2802
2919.23 of the Revised Code that would have been a violation of	2803
section 2905.04 of the Revised Code as it existed prior to July	2804
1, 1996, had the violation been committed prior to that date;	2805

(b) AnA violation of an existing or former municipal	2806
ordinance or law of this state, any other state, or the United	2807
States that is substantially equivalent to any of the offenses	2808
listed in division (A)(5)(a) of this section.	2809

(6) On receipt of a request pursuant to section 3701.881 of	2810
the Revised Code with respect to an applicant for employment with	2811
a home health agency in a position that involves providing direct	2812
care to an older adult, a completed form prescribed pursuant to	2813
division (C)(1) of this section, and a set of fingerprint	2814
impressions obtained in the manner described in division (C)(2) of	2815
this section, the superintendent of the bureau of criminal	2816
identification and investigation shall conduct a criminal records	2817
check. The superintendent shall conduct the criminal records check	2818
in the manner described in division (B) of this section to	2819
determine whether any information exists that indicates that the	2820
person who is the subject of the request previously has been	2821
convicted of or pleaded guilty to any of the following:	2822

(a) A violation of section 2903.01, 2903.02, 2903.03,	2823
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2824
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	2825
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	2826
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	2827
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	2828
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	2829
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	2830
2925.22, 2925.23, or 3716.11 of the Revised Code;	2831

(b) An existing or former law of this state, any other state,	2832
or the United States that is substantially equivalent to any of	2833
the offenses listed in division (A)(6)(a) of this section.	2834

(7) When conducting a criminal records check upon a request	2835
pursuant to section 3319.39 of the Revised Code for an applicant	2836
who is a teacher, in addition to the determination made under	2837
division (A)(1) of this section, the superintendent shall	2838
determine whether any information exists that indicates that the	2839
person who is the subject of the request previously has been	2840
convicted of or pleaded guilty to any offense specified in section	2841
3319.31 of the Revised Code.	2842

(8) On receipt of a request pursuant to section 2151.86 of	2843
the Revised Code, a completed form prescribed pursuant to	2844
division (C)(1) of this section, and a set of fingerprint	2845
impressions obtained in the manner described in division (C)(2)	2846
of this section, the superintendent of the bureau of criminal	2847
identification and investigation shall conduct a criminal records	2848
check in the manner described in division (B) of this section to	2849
determine whether any information exists that indicates that the	2850
person who is the subject of the request previously has been	2851
convicted of or pleaded guilty to any of the following:	2852

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	2853
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	2854
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	2855
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	2856
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	2857
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	2858
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	2859
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	2860
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	2861
of the Revised Code, a violation of section 2905.04 of the	2862
Revised Code as it existed prior to July 1, 1996, a violation of	2863
section 2919.23 of the Revised Code that would have been a	2864
violation of section 2905.04 of the Revised Code as it existed	2865
prior to July 1, 1996, had the violation been committed prior to	2866
that date, a violation of section 2925.11 of the Revised Code	2867
that is not a minor drug possession offense, two or more OVI or	2868
OVUAC violations committed within the three years immediately	2869
preceding the submission of the application or petition that is	2870
the basis of the request, or felonious sexual penetration in	2871
violation of former section 2907.12 of the Revised Code;	2872

(b) A violation of an existing or former law of this state,	2873
any other state, or the United States that is substantially	2874
equivalent to any of the offenses listed in division (A)(8)(a) of	2875
this section.	2876

(9) Upon receipt of a request pursuant to section 5104.012	2877
or 5104.013 of the Revised Code, a completed form prescribed	2878
pursuant to division (C)(1) of this section, and a set of	2879
fingerprint impressions obtained in the manner described in	2880
division (C)(2) of this section, the superintendent of the bureau	2881
of criminal identification and investigation shall conduct a	2882
criminal records check in the manner described in division (B) of	2883
this section to determine whether any information exists that	2884
indicates that the person who is the subject of the request has	2885
been convicted of or pleaded guilty to any of the following:	2886

(a) A violation of section 2903.01, 2903.02, 2903.03,	2887
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	2888
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	2889
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	2890
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	2891
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	2892
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	2893
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	2894
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	2895
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	2896
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	2897
3716.11 of the Revised Code, felonious sexual penetration in	2898
violation of former section 2907.12 of the Revised Code, a	2899
violation of section 2905.04 of the Revised Code as it existed	2900
prior to July 1, 1996, a violation of section 2919.23 of the	2901
Revised Code that would have been a violation of section 2905.04	2902
of the Revised Code as it existed prior to July 1, 1996, had the	2903
violation been committed prior to that date, a violation of	2904
section 2925.11 of the Revised Code that is not a minor drug	2905
possession offense, a violation of section 2923.02 or 2923.03 of	2906
the Revised Code that relates to a crime specified in this	2907
division, or a second violation of section 4511.19 of the	2908
Revised Code within five years of the date of application for	2909
licensure or certification.	2910

(b) A violation of an existing or former law of this state,	2911
any other state, or the United States that is substantially	2912
equivalent to any of the offenses or violations described in	2913
division (A)(9)(a) of this section.	2914

(10) Upon receipt of a request pursuant to section 5153.111	2915
of the Revised Code, a completed form prescribed pursuant to	2916
division (C)(1) of this section, and a set of fingerprint	2917
impressions obtained in the manner described in division (C)(2) of	2918
this section, the superintendent of the bureau of criminal	2919
identification and investigation shall conduct a criminal records	2920
check in the manner described in division (B) of this section to	2921
determine whether any information exists that indicates that the	2922
person who is the subject of the request previously has been	2923
convicted of or pleaded guilty to any of the following:	2924

(a) A violation of section 2903.01, 2903.02, 2903.03,	2925
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2926
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	2927
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	2928
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	2929
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	2930
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	2931
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	2932
felonious sexual penetration in violation of former section	2933
2907.12 of the Revised Code, a violation of section 2905.04 of the	2934
Revised Code as it existed prior to July 1, 1996, a violation of	2935
section 2919.23 of the Revised Code that would have been a	2936
violation of section 2905.04 of the Revised Code as it existed	2937
prior to July 1, 1996, had the violation been committed prior to	2938
that date, or a violation of section 2925.11 of the Revised Code	2939
that is not a minor drug possession offense;	2940

(b) A violation of an existing or former law of this state,	2941
any other state, or the United States that is substantially	2942
equivalent to any of the offenses listed in division (A)(10)(a) of	2943
this section.	2944

(11) On receipt of a request for a criminal records check	2945
from an individual pursuant to section 4749.03 or 4749.06 of the	2946
Revised Code, accompanied by a completed copy of the form	2947
prescribed in division (C)(1) of this section and a set of	2948
fingerprint impressions obtained in a manner described in division	2949
(C)(2) of this section, the superintendent of the bureau of	2950
criminal identification and investigation shall conduct a criminal	2951
records check in the manner described in division (B) of this	2952
section to determine whether any information exists indicating	2953
that the person who is the subject of the request has been	2954
convicted of or pleaded guilty to a felony in this state or in any	2955
other state. If the individual indicates that a firearm will be	2956
carried in the course of business, the superintendent shall	2957
require information from the federal bureau of investigation as	2958
described in division (B)(2) of this section. The superintendent	2959
shall report the findings of the criminal records check and any	2960
information the federal bureau of investigation provides to the	2961
director of public safety.	2962

(12) On receipt of a request pursuant to section 1321.37,	2963
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	2964
Code, a completed form prescribed pursuant to division (C)(1) of	2965
this section, and a set of fingerprint impressions obtained in	2966
the manner described in division (C)(2) of this section, the	2967
superintendent of the bureau of criminal identification and	2968
investigation shall conduct a criminal records check with	2969
respect to any person who has applied for a license, permit, or	2970
certification from the department of commerce or a division in	2971
the department. The superintendent shall conduct the criminal	2972
records check in the manner described in division (B) of this	2973
section to determine whether any information exists that	2974
indicates that the person who is the subject of the request	2975
previously has been convicted of or pleaded guilty to any of the	2976
following: a violation of section 2913.02, 2913.11, 2913.31,	2977
2913.51, or 2925.03 of the Revised Code; any other criminal	2978
offense involving theft, receiving stolen property,	2979
embezzlement, forgery, fraud, passing bad checks, money	2980
laundering, or drug trafficking, or any criminal offense	2981
involving money or securities, as set forth in Chapters 2909.,	2982
2911., 2913., 2915., 2921., 2923., and 2925. of the Revised	2983
Code; or any existing or former law of this state, any other	2984
state, or the United States that is substantially equivalent to	2985
those offenses.	2986

(13) On receipt of a request for a criminal records check	2987
from the treasurer of state under section 113.041 of the Revised	2988
Code or from an individual under section 4701.08, 4715.101,	2989
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	2990
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	2991
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	2992
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	2993
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied	2994
by a completed form prescribed under division (C)(1) of this	2995
section and a set of fingerprint impressions obtained in the	2996
manner described in division (C)(2) of this section, the	2997
superintendent of the bureau of criminal identification and	2998
investigation shall conduct a criminal records check in the	2999
manner described in division (B) of this section to determine	3000
whether any information exists that indicates that the person who	3001
is the subject of the request has been convicted of or pleaded	3002
guilty to any criminal offense in this state or any other state.	3003
The superintendent shall send the results of a check requested	3004
under section 113.041 of the Revised Code to the treasurer of	3005
state and shall send the results of a check requested under any of	3006
the other listed sections to the licensing board specified by the	3007
individual in the request.	3008

(14) On receipt of a request pursuant to section 1121.23,	3009
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	3010
Code, a completed form prescribed pursuant to division (C)(1) of	3011
this section, and a set of fingerprint impressions obtained in the	3012
manner described in division (C)(2) of this section, the	3013
superintendent of the bureau of criminal identification and	3014
investigation shall conduct a criminal records check in the manner	3015
described in division (B) of this section to determine whether any	3016
information exists that indicates that the person who is the	3017
subject of the request previously has been convicted of or pleaded	3018
guilty to any criminal offense under any existing or former law of	3019
this state, any other state, or the United States.	3020

(15) Not later than thirty days after the date the	3021
superintendent receives a request of a type described in division	3022
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),	3023
(12), or (14) of this section, the completed form, and the	3024
fingerprint impressions, the superintendent shall send the	3025
person, board, or entity that made the request any information,	3026
other than information the dissemination of which is prohibited	3027
by federal law, the superintendent determines exists with respect	3028
to the person who is the subject of the request that indicates	3029
that the person previously has been convicted of or pleaded	3030
guilty to any offense listed or described in division (A)(1),	3031
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), or	3032
(14) of this section, as appropriate. The superintendent shall	3033
send the person, board, or entity that made the request a copy of	3034
the list of offenses specified in division (A)(1), (2), (3), (4),	3035
(5), (6), (7), (8), (9), (10), (11), (12), or (14) of this	3036
section, as appropriate. If the request was made under section	3037
3701.881 of the Revised Code with regard to an applicant who may	3038
be both responsible for the care, custody, or control of a child	3039
and involved in providing direct care to an older adult, the	3040
superintendent shall provide a list of the offenses specified in	3041
divisions (A)(4) and (6) of this section.	3042

Not later than thirty days after the superintendent receives	3043
a request for a criminal records check pursuant to section 113.041	3044
of the Revised Code, the completed form, and the fingerprint	3045
impressions, the superintendent shall send the treasurer of state	3046
any information, other than information the dissemination of which	3047
is prohibited by federal law, the superintendent determines exist	3048
with respect to the person who is the subject of the request that	3049
indicates that the person previously has been convicted of or	3050
pleaded guilty to any criminal offense in this state or any other	3051
state.	3052

(B) The superintendent shall conduct any criminal records	3053
check requested under section 113.041, 121.08, 173.27, 173.394,	3054
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,	3055
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,	3056
3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4715.101,	3057
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	3058
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	3059
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	3060
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	3061
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	3062
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	3063
5126.28, 5126.281, or 5153.111 of the Revised Code as follows:	3064

(1) The superintendent shall review or cause to be reviewed	3065
any relevant information gathered and compiled by the bureau under	3066
division (A) of section 109.57 of the Revised Code that relates to	3067
the person who is the subject of the request, including, if the	3068
criminal records check was requested under section 113.041,	3069
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	3070
1321.37,1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	3071
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	3072
3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012,	3073
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	3074
5126.281, or 5153.111 of the Revised Code, any relevant	3075
information contained in records that have been sealed under	3076
section 2953.32 of the Revised Code;	3077

(2) If the request received by the superintendent asks for	3078
information from the federal bureau of investigation, the	3079
superintendent shall request from the federal bureau of	3080
investigation any information it has with respect to the person	3081
who is the subject of the request, including fingerprint-based	3082
checks of national crime information databases as described in 42	3083
U.S.C. 671 if the request is made pursuant to section 2151.86,	3084
5104.012, or 5104.013 of the Revised Code or if any other Revised	3085
Code section requires fingerprint-based checks of that nature, and	3086
shall review or cause to be reviewed any information the	3087
superintendent receives from that bureau. If a request under	3088
section 3319.39 of the Revised Code asks only for information from	3089
the federal bureau of investigation, the superintendent shall not	3090
conduct the review prescribed by division (B)(1) of this section.	3091

(3) The superintendent or the superintendent's designee may	3092
request criminal history records from other states or the federal	3093
government pursuant to the national crime prevention and privacy	3094
compact set forth in section 109.571 of the Revised Code.	3095

(C)(1) The superintendent shall prescribe a form to obtain	3096
the information necessary to conduct a criminal records check from	3097
any person for whom a criminal records check is requested under	3098
section 113.041 of the Revised Code or required by section	3099
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	3100
1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86,	3101
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	3102
3722.151, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,	3103
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	3104
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	3105
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70,	3106
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	3107
4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 5111.032,	3108
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	3109
the Revised Code. The form that the superintendent prescribes	3110
pursuant to this division may be in a tangible format, in an	3111
electronic format, or in both tangible and electronic formats.	3112

(2) The superintendent shall prescribe standard impression	3113
sheets to obtain the fingerprint impressions of any person for	3114
whom a criminal records check is requested under section 113.041	3115
of the Revised Code or required by section 121.08, 173.27,	3116
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	3117
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	3118
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08,	3119
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	3120
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	3121
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	3122
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	3123
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,	3124
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	3125
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code.	3126
Any person for whom a records check is requested under or	3127
required by any of those sections shall obtain the fingerprint	3128
impressions at a county sheriff's office, municipal police	3129
department, or any other entity with the ability to make	3130
fingerprint impressions on the standard impression sheets	3131
prescribed by the superintendent. The office, department, or	3132
entity may charge the person a reasonable fee for making the	3133
impressions. The standard impression sheets the superintendent	3134
prescribes pursuant to this division may be in a tangible	3135
format, in an electronic format, or in both tangible and	3136
electronic formats.	3137

(3) Subject to division (D) of this section, the	3138
superintendent shall prescribe and charge a reasonable fee for	3139
providing a criminal records check requested under section	3140
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	3141
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	3142
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	3143
3721.121, 3722.151, 4701.08, 4715.101, 4717.061, 4725.121,	3144
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081,	3145
4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 4731.531,	3146
4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06,	3147
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	3148
4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013,	3149
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	3150
5153.111 of the Revised Code. The person making a criminal	3151
records request under any of those sections shall pay the fee	3152
prescribed pursuant to this division. A person making a	3153
request under section 3701.881 of the Revised Code for a	3154
criminal records check for an applicant who may be both	3155
responsible for the care, custody, or control of a child and	3156
involved in providing direct care to an older adult shall pay	3157
one fee for the request. In the case of a request under	3158
section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26,	3159
or 5111.032 of the Revised Code, the fee shall be paid in the	3160
manner specified in that section.	3161

(4) The superintendent of the bureau of criminal	3162
identification and investigation may prescribe methods of	3163
forwarding fingerprint impressions and information necessary to	3164
conduct a criminal records check, which methods shall include, but	3165
not be limited to, an electronic method.	3166

(D) A determination whether any information exists that	3167
indicates that a person previously has been convicted of or	3168
pleaded guilty to any offense listed or described in division	3169
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	3170
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	3171
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14) of	3172
this section, or that indicates that a person previously has	3173
been convicted of or pleaded guilty to any criminal offense in	3174
this state or any other state regarding a criminal records check	3175
of a type described in division (A)(13) of this section, and	3176
that is made by the superintendent with respect to information	3177
considered in a criminal records check in accordance with this	3178
section is valid for the person who is the subject of the	3179
criminal records check for a period of one year from the date	3180
upon which the superintendent makes the determination. During the	3181
period in which the determination in regard to a person is valid,	3182
if another request under this section is made for a criminal	3183
records check for that person, the superintendent shall provide	3184
the information that is the basis for the superintendent's	3185
initial determination at a lower fee than the fee prescribed for	3186
the initial criminal records check.	3187

(E) As used in this section:

3188

(1) "Criminal records check" means any criminal records check	3189
conducted by the superintendent of the bureau of criminal	3190
identification and investigation in accordance with division (B)	3191
of this section.	3192

(2) "Minor drug possession offense" has the same meaning as	3193
in section 2925.01 of the Revised Code.	3194

(3) "Older adult" means a person age sixty or older.

3195

(4) "OVI or OVUAC violation" means a violation of section	3196
4511.19 of the Revised Code or a violation of an existing or	3197
former law of this state, any other state, or the United States	3198
that is substantially equivalent to section 4511.19 of the Revised	3199
Code.	3200

Sec. 109.73. (A) The Ohio peace officer training commission	3201
shall recommend rules to the attorney general with respect to all	3202
of the following:	3203

(1) The approval, or revocation of approval, of peace officer	3204
training schools administered by the state, counties, municipal	3205
corporations, public school districts, technical college	3206
districts, and the department of natural resources;	3207

(2) Minimum courses of study, attendance requirements, and	3208
equipment and facilities to be required at approved state, county,	3209
municipal, and department of natural resources peace officer	3210
training schools;	3211

(3) Minimum qualifications for instructors at approved state,	3212
county, municipal, and department of natural resources peace	3213
officer training schools;	3214

(4) The requirements of minimum basic training that peace	3215
officers appointed to probationary terms shall complete before	3216
being eligible for permanent appointment, which requirements shall	3217
include ~~a minimum of fifteen hours of~~ training in the handling of	3218
the offense of domestic violence, other types of domestic	3219
violence-related offenses and incidents, and protection orders and	3220
consent agreements issued or approved under section 2919.26 or	3221
3113.31 of the Revised Code; ~~a minimum of six hours of~~ crisis	3222
intervention training; and ~~a specified amount of~~ training in the	3223
handling of missing children and child abuse and neglect cases;	3224
and the time within which such basic training shall be completed	3225
following appointment to a probationary term;	3226

(5) The requirements of minimum basic training that peace	3227
officers not appointed for probationary terms but appointed on	3228
other than a permanent basis shall complete in order to be	3229
eligible for continued employment or permanent appointment, which	3230
requirements shall include ~~a minimum of fifteen hours of~~ training	3231
in the handling of the offense of domestic violence, other types	3232
of domestic violence-related offenses and incidents, and	3233
protection orders and consent agreements issued or approved under	3234
section 2919.26 or 3113.31 of the Revised Code, ~~a minimum of six~~	3235
~~hours of~~ crisis intervention training, and ~~a specified amount of~~	3236
training in the handling of missing children and child abuse and	3237
neglect cases, and the time within which such basic training shall	3238
be completed following appointment on other than a permanent	3239
basis;	3240

(6) Categories or classifications of advanced in-service	3241
training programs for peace officers, including programs in the	3242
handling of the offense of domestic violence, other types of	3243
domestic violence-related offenses and incidents, and protection	3244
orders and consent agreements issued or approved under section	3245
2919.26 or 3113.31 of the Revised Code, in crisis intervention,	3246
and in the handling of missing children and child abuse and	3247
neglect cases, and minimum courses of study and attendance	3248
requirements with respect to such categories or classifications;	3249

(7) Permitting persons, who are employed as members of a	3250
campus police department appointed under section 1713.50 of the	3251
Revised Code; who are employed as police officers by a qualified	3252
nonprofit corporation police department pursuant to section	3253
1702.80 of the Revised Code; who are appointed and commissioned as	3254
bank, savings and loan association, savings bank, credit union, or	3255
association of banks, savings and loan associations, savings	3256
banks, or credit unions police officers, as railroad police	3257
officers, or as hospital police officers pursuant to sections	3258
4973.17 to 4973.22 of the Revised Code; or who are appointed and	3259
commissioned as amusement park police officers pursuant to section	3260
4973.17 of the Revised Code, to attend approved peace officer	3261
training schools, including the Ohio peace officer training	3262
academy, and to receive certificates of satisfactory completion of	3263
basic training programs, if the private college or university that	3264
established the campus police department; qualified nonprofit	3265
corporation police department; bank, savings and loan association,	3266
savings bank, credit union, or association of banks, savings and	3267
loan associations, savings banks, or credit unions; railroad	3268
company; hospital; or amusement park sponsoring the police	3269
officers pays the entire cost of the training and certification	3270
and if trainee vacancies are available;	3271

(8) Permitting undercover drug agents to attend approved	3272
peace officer training schools, other than the Ohio peace officer	3273
training academy, and to receive certificates of satisfactory	3274
completion of basic training programs, if, for each undercover	3275
drug agent, the county, township, or municipal corporation that	3276
employs that undercover drug agent pays the entire cost of the	3277
training and certification;	3278

(9)(a) The requirements for basic training programs for	3279
bailiffs and deputy bailiffs of courts of record of this state and	3280
for criminal investigators employed by the state public defender	3281
that those persons shall complete before they may carry a firearm	3282
while on duty;	3283

(b) The requirements for any training received by a bailiff	3284
or deputy bailiff of a court of record of this state or by a	3285
criminal investigator employed by the state public defender prior	3286
to June 6, 1986, that is to be considered equivalent to the	3287
training described in division (A)(9)(a) of this section.	3288

(10) Establishing minimum qualifications and requirements for	3289
certification for dogs utilized by law enforcement agencies;	3290

(11) Establishing minimum requirements for certification of	3291
persons who are employed as correction officers in a full-service	3292
jail, five-day facility, or eight-hour holding facility or who	3293
provide correction services in such a jail or facility;	3294

(12) Establishing requirements for the training of agents of	3295
a county humane society under section 1717.06 of the Revised Code,	3296
including, without limitation, a requirement that the agents	3297
receive instruction on traditional animal husbandry methods and	3298
training techniques, including customary owner-performed	3299
practices.	3300

(B) The commission shall appoint an executive director, with	3301
the approval of the attorney general, who shall hold office during	3302
the pleasure of the commission. The executive director shall	3303
perform such duties assigned by the commission. The executive	3304
director shall receive a salary fixed pursuant to Chapter 124. of	3305
the Revised Code and reimbursement for expenses within the amounts	3306
available by appropriation. The executive director may appoint	3307
officers, employees, agents, and consultants as the executive	3308
director considers necessary, prescribe their duties, and provide	3309
for reimbursement of their expenses within the amounts available	3310
for reimbursement by appropriation and with the approval of the	3311
commission.	3312

3313

(1) Recommend studies, surveys, and reports to be made by the	3314
executive director regarding the carrying out of the objectives	3315
and purposes of sections 109.71 to 109.77 of the Revised Code;	3316

(2) Visit and inspect any peace officer training school that	3317
has been approved by the executive director or for which	3318
application for approval has been made;	3319

(3) Make recommendations, from time to time, to the executive	3320
director, the attorney general, and the general assembly regarding	3321
the carrying out of the purposes of sections 109.71 to 109.77 of	3322
the Revised Code;	3323

(4) Report to the attorney general from time to time, and to	3324
the governor and the general assembly at least annually,	3325
concerning the activities of the commission;	3326

(5) Establish fees for the services the commission offers	3327
under sections 109.71 to 109.79 of the Revised Code, including,	3328
but not limited to, fees for training, certification, and testing;	3329

(6) Perform such other acts as are necessary or appropriate	3330
to carry out the powers and duties of the commission as set forth	3331
in sections 109.71 to 109.77 of the Revised Code.	3332

(D) In establishing the requirements, under division (A)(12)	3333
of this section, the commission may consider any portions of the	3334
curriculum for instruction on the topic of animal husbandry	3335
practices, if any, of the Ohio state university college of	3336
veterinary medicine. No person or entity that fails to provide	3337
instruction on traditional animal husbandry methods and training	3338
techniques, including customary owner-performed practices, shall	3339
qualify to train a humane agent for appointment under section	3340
1717.06 of the Revised Code.	3341

Sec. 109.731. (A) The Ohio peace officer training commission	3342
shall prescribe, and shall make available to sheriffs, all of the	3343
following:	3344

(1) An application form that is to be used under section	3345
2923.125 of the Revised Code by a person who applies for a license	3346
to carry a concealed handgun orand an application form that is to	3347
be used under section 2923.125 of the Revised Code by a person who	3348
applies for the renewal of a license of that nature~~and that~~	3349
~~conforms~~, both of which shall conform substantially to the ~~form~~	3350
forms prescribed in section 2923.1210 of the Revised Code;	3351

(2) A form for the license to carry a concealed handgun that	3352
is to be issued by sheriffs to persons who qualify for a license	3353
to carry a concealed handgun under section 2923.125 of the Revised	3354
Code and that conforms to the following requirements:	3355

(a) It has space for the licensee's full name, residence	3356
address, and date of birth and for a color photograph of the	3357
licensee.	3358

(b) It has space for the date of issuance of the license, its	3359
expiration date, its county of issuance, the name of the sheriff	3360
who issues the license, and the unique combination of letters and	3361
numbers that identify the county of issuance and the license given	3362
to the licensee by the sheriff in accordance with division (A)(4)	3363
of this section.	3364

(c) It has space for the signature of the licensee and the	3365
signature or a facsimile signature of the sheriff who issues the	3366
license.	3367

(d) It does not require the licensee to include serial	3368
numbers of handguns, other identification related to handguns, or	3369
similar data that is not pertinent or relevant to obtaining the	3370
license and that could be used as a de facto means of registration	3371
of handguns owned by the licensee.	3372

(3) A series of three-letter county codes that identify each	3373
county in this state;	3374

(4) A procedure by which a sheriff shall give each license,	3375
replacement license, or renewal license to carry a concealed	3376
handgun and each temporary emergency license or replacement	3377
temporary emergency license to carry a concealed handgun the	3378
sheriff issues under section 2923.125 or 2923.1213 of the Revised	3379
Code a unique combination of letters and numbers that identifies	3380
the county in which the license or temporary emergency license was	3381
issued and that uses the county code and a unique number for each	3382
license and each temporary emergency license the sheriff of that	3383
county issues;	3384

(5) A form for the temporary emergency license to carry a	3385
concealed handgun that is to be issued by sheriffs to persons who	3386
qualify for a temporary emergency license under section 2923.1213	3387
of the Revised Code, which form shall conform to all the	3388
requirements set forth in divisions (A)(2)(a) to (d) of this	3389
section and shall additionally conspicuously specify that the	3390
license is a temporary emergency license and the date of its	3391
issuance.	3392

(B)(1) The Ohio peace officer training commission, in	3393
consultation with the attorney general, shall prepare a pamphlet	3394
that does all of the following, in everyday language:	3395

(a) Explains the firearms laws of this state;

3396

(b) Instructs the reader in dispute resolution and explains	3397
the laws of this state related to that matter;	3398

(c) Provides information to the reader regarding all aspects	3399
of the use of deadly force with a firearm, including, but not	3400
limited to, the steps that should be taken before contemplating	3401
the use of, or using, deadly force with a firearm, possible	3402
alternatives to using deadly force with a firearm, and the law	3403
governing the use of deadly force with a firearm.	3404

(2) The attorney general shall consult with and assist the	3405
commission in the preparation of the pamphlet described in	3406
division (B)(1) of this section and, as necessary, shall recommend	3407
to the commission changes in the pamphlet to reflect changes in	3408
the law that are relevant to it. The ~~commission~~attorney general	3409
shall ~~make copies of~~publish the pamphlet ~~available to any~~	3410
~~person, public entity, or private entity that operates or teaches~~	3411
~~a training course, class, or program described in division~~	3412
~~(B)(3)(a), (b), (c), and (e) of section 2923.125 of the Revised~~	3413
~~Code and requests copies for distribution to persons who take the~~	3414
~~course, class, or program, and to sheriffs for distribution to~~	3415
~~applicants under section 2923.125 of the Revised Code for a~~	3416
~~license to carry a concealed handgun and applicants under that~~	3417
~~section for the renewal of a license to carry a concealed~~	3418
~~handgun.~~on the web site of the attorney general and shall provide	3419
the address of the web site to any person who requests the	3420
pamphlet.	3421

(C)~~(1) The Ohio peace officer training commission, in~~	3422
~~consultation with the attorney general, shall prescribe a fee to~~	3423
~~be paid by an applicant under section 2923.125 of the Revised~~	3424
~~Code for a license to carry a concealed handgun or for the~~	3425
~~renewal of a license to carry a concealed handgun~~ ~~as follows:~~	3426

~~(a) For an applicant who has been a resident of this state~~	3427
~~for five or more years, an amount that does not exceed the lesser~~	3428
~~of the actual cost of issuing the license, including, but not~~	3429
~~limited to, the cost of conducting a criminal records check, or~~	3430
~~whichever of the following is applicable:~~	3431

~~(i) For an application made on or after the effective date of~~	3432
~~this amendment, fifty-five dollars;~~	3433

~~(ii) For an application made prior to the effective date of~~	3434
~~this amendment, forty-five dollars;~~	3435

~~(b) For an applicant who has been a resident of this state~~	3436
~~for less than five years, an amount that shall consist of the~~	3437
~~actual cost of having a criminal background check performed by the~~	3438
~~federal bureau of investigation, if one is so performed, plus the~~	3439
~~lesser of the actual cost of issuing the license, including, but~~	3440
~~not limited to, the cost of conducting a criminal records check,~~	3441
~~or whichever of the following is applicable:~~	3442

~~(i) For an application made on or after the effective date of~~	3443
~~this amendment, fifty-five dollars;~~	3444

~~(ii) For an application made prior to the effective date of~~	3445
~~this amendment, forty-five dollars.~~	3446

~~(2) The commission, in consultation with the attorney~~	3447
~~general, shall specify the portion of the fee prescribed under~~	3448
~~division (C)(1) of this section that will be used to pay each~~	3449
~~particular cost of the issuance of the license. The sheriff shall~~	3450
~~deposit all fees paid by an applicant under section 2923.125 of~~	3451
~~the Revised Code into the sheriff's concealed handgun license~~	3452
~~issuance expense fund established pursuant to section 311.42 of~~	3453
~~the Revised Code.~~	3454

~~(D)~~ The Ohio peace officer training commission shall maintain	3455
statistics with respect to the issuance, renewal, suspension,	3456
revocation, and denial of licenses to carry a concealed handgun	3457
and the suspension of processing of applications for those	3458
licenses, and with respect to the issuance, suspension,	3459
revocation, and denial of temporary emergency licenses to carry a	3460
concealed handgun, as reported by the sheriffs pursuant to	3461
division (C) of section 2923.129 of the Revised Code. Not later	3462
than the first day of March in each year, the commission shall	3463
submit a statistical report to the governor, the president of the	3464
senate, and the speaker of the house of representatives indicating	3465
the number of licenses to carry a concealed handgun that were	3466
issued, renewed, suspended, revoked, and denied in the previous	3467
calendar year, the number of applications for those licenses for	3468
which processing was suspended in accordance with division (D)(3)	3469
of section 2923.125 of the Revised Code in the previous calendar	3470
year, and the number of temporary emergency licenses to carry a	3471
concealed handgun that were issued, suspended, revoked, or denied	3472
in the previous calendar year. Nothing in the statistics or the	3473
statistical report shall identify, or enable the identification	3474
of, any individual who was issued or denied a license, for whom a	3475
license was renewed, whose license was suspended or revoked, or	3476
for whom application processing was suspended. The statistics and	3477
the statistical report are public records for the purpose of	3478
section 149.43 of the Revised Code.	3479

~~(E)~~(D) As used in this section, "handgun" has the same	3480
meaning as in section 2923.11 of the Revised Code.	3481

Sec. 109.742. The attorney general shall adopt, in	3482
accordance with Chapter 119. or pursuant to section 109.74 of the	3483
Revised Code, rules governing the training of peace officers in	3484
crisis intervention. The rules shall specify ~~six or more hours of~~	3485
~~that~~the amount of training necessary for the satisfactory	3486
completion of basic training programs at approved peace officer	3487
training schools, other than the Ohio peace officer training	3488
academy.	3489

Sec. 109.744. The attorney general shall adopt, in	3490
accordance with Chapter 119. of the Revised Code or pursuant to	3491
section 109.74 of the Revised Code, rules governing the training	3492
of peace officers in the handling of the offense of domestic	3493
violence, other types of domestic violence-related offenses and	3494
incidents, and protection orders and consent agreements issued or	3495
approved under section 2919.26 or 3113.31 of the Revised Code. The	3496
provisions of the rules shall include, but shall not be limited	3497
to, all of the following:	3498

(A) A ~~specification that fifteen or more hours~~specified	3499
amount of ~~that~~ training that is ~~required~~necessary for the	3500
satisfactory completion of basic training programs at approved	3501
peace officer training schools, other than the Ohio peace officer	3502
training academy;	3503

(B) A requirement that the training include, but not be	3504
limited to, training in all of the following:	3505

(1) All recent amendments to domestic violence-related laws;

3506

(2) Notifying a victim of domestic violence of ~~his~~the	3507
victim's rights;	3508

(3) Processing protection orders and consent agreements	3509
issued or approved under section 2919.26 or 3113.31 of the Revised	3510
Code.	3511

Sec. 109.751. (A) The executive director of the Ohio peace	3512
officer training commission shall neither approve nor issue a	3513
certificate of approval to a peace officer training school	3514
pursuant to section 109.75 of the Revised Code unless the school	3515
agrees to permit, in accordance with rules adopted by the attorney	3516
general pursuant to division (C) of this section, undercover drug	3517
agents to attend its basic training programs. The executive	3518
director shall revoke approval, and the certificate of approval	3519
of, a peace officer training school that does not permit, in	3520
accordance with rules adopted by the attorney general pursuant to	3521
division (C) of this section, undercover drug agents to attend its	3522
basic training programs.	3523

This division does not apply to peace officer training	3524
schools for employees of conservancy districts who are designated	3525
pursuant to section 6101.75 of the Revised Code or for a natural	3526
resources law enforcement staff officer, park officers, forest	3527
officers, preserve officers, wildlife officers, or state	3528
watercraft officers of the department of natural resources.	3529

(B)(1) A peace officer training school is not required to	3530
permit an undercover drug agent, a bailiff or deputy bailiff of a	3531
court of record of this state, or a criminal investigator employed	3532
by the state public defender to attend its basic training programs	3533
if either of the following applies:	3534

(a) In the case of the Ohio peace officer training academy,	3535
the employer county, township, municipal corporation, court, or	3536
state public defender or the particular undercover drug agent,	3537
bailiff, deputy bailiff, or criminal investigator has not paid the	3538
tuition costs of training in accordance with section 109.79 of the	3539
Revised Code;	3540

(b) In the case of other peace officer training schools, the	3541
~~employer~~employing county, township, municipal corporation, court,	3542
or state public defender fails to pay the entire cost of the	3543
training and certification.	3544

(2) A training school shall not permit a bailiff or deputy	3545
bailiff of a court of record of this state or a criminal	3546
investigator employed by the state public defender to attend its	3547
basic training programs unless the employing court of the bailiff	3548
or deputy bailiff or the state public defender, whichever is	3549
applicable, has authorized the bailiff, deputy bailiff, or	3550
investigator to attend the school.	3551

(C) The attorney general shall adopt, in accordance with	3552
Chapter 119. or pursuant to section 109.74 of the Revised Code,	3553
rules governing the attendance of undercover drug agents at	3554
approved peace officer training schools, other than the Ohio peace	3555
officer training academy, and the certification of the agents upon	3556
their satisfactory completion of basic training programs.	3557

Sec. 109.761. (A)(1) Each agency or entity that appoints or	3558
employs one or more peace officers shall report to the Ohio peace	3559
officer training commission all of the following that occur on or	3560
after February 20, 2002:	3561

(a) The appointment or employment of any person to serve the	3562
agency or entity as a peace officer in any full-time, part-time,	3563
reserve, auxiliary, or other capacity;	3564

(b) The termination, resignation, felony conviction, or	3565
death, or guilty plea as specified in division (F) of section	3566
109.77 of the Revised Code of any person who has been appointed to	3567
or employed by the agency or entity as a peace officer in any	3568
full-time, part-time, reserve, auxiliary, or other capacity and is	3569
serving the agency or entity in any of those peace officer	3570
capacities.	3571

(2) An agency or entity shall make each report required by	3572
this division not later than ten days after the occurrence of the	3573
event being reported. The agency or entity shall make the report	3574
in the manner and format prescribed by the executive director of	3575
the Ohio peace officer training commission.	3576

(B) Each agency or entity that appoints or employs one or	3577
more peace officers or state highway patrol troopers shall	3578
annually provide to the Ohio peace officer training commission a	3579
roster of all persons who have been appointed to or employed by	3580
the agency or entity as peace officers or troopers in any	3581
full-time, part-time, reserve, auxiliary, or other capacity and	3582
are serving, or during the year covered by the report have served,	3583
the agency or entity in any of those peace officer or trooper	3584
capacities. The agency or entity shall provide the roster in the	3585
manner and format, and by the date, prescribed by the executive	3586
director of the Ohio peace officer training commission.	3587

(C) The Ohio peace officer training commission shall	3588
prescribe the manner and format of making reports under division	3589
(A) of this section and providing annual rosters under division	3590
(B) of this section and shall prescribe the date by which the	3591
annual rosters must be provided.	3592

Sec. 109.77. (A) As used in this section, "felony" has the	3593
same meaning as in section 109.511 of the Revised Code.	3594

(B)(1) Notwithstanding any general, special, or local law or	3595
charter to the contrary, and except as otherwise provided in this	3596
section, no person shall receive an original appointment on a	3597
permanent basis as any of the following unless the person	3598
previously has been awarded a certificate by the executive	3599
director of the Ohio peace officer training commission attesting	3600
to the person's satisfactory completion of an approved state,	3601
county, municipal, or department of natural resources peace	3602
officer basic training program:	3603

(a) A peace officer of any county, township, municipal	3604
corporation, regional transit authority, or metropolitan housing	3605
authority;	3606

(b) A natural resources law enforcement staff officer, park	3607
officer, forest officer, preserve officer, wildlife officer, or	3608
state watercraft officer of the department of natural resources;	3609

(c) An employee of a park district under section 511.232 or	3610
1545.13 of the Revised Code;	3611

(d) An employee of a conservancy district who is designated	3612
pursuant to section 6101.75 of the Revised Code;	3613

(e) A state university law enforcement officer;

3614

(f) A special police officer employed by the department of	3615
mental health pursuant to section 5119.14 of the Revised Code or	3616
the department of mental retardation and developmental	3617
disabilities pursuant to section 5123.13 of the Revised Code;	3618

(g) An enforcement agent of the department of public safety	3619
whom the director of public safety designates under section	3620
5502.14 of the Revised Code;	3621

(h) A special police officer employed by a port authority	3622
under section 4582.04 or 4582.28 of the Revised Code;	3623

(i) A special police officer employed by a municipal	3624
corporation at a municipal airport, or other municipal air	3625
navigation facility, that has scheduled operations, as defined in	3626
section 119.3 of Title 14 of the Code of Federal Regulations, 14	3627
C.F.R. 119.3, as amended, and that is required to be under a	3628
security program and is governed by aviation security rules of the	3629
transportation security administration of the United States	3630
department of transportation as provided in Parts 1542. and 1544.	3631
of Title 49 of the Code of Federal Regulations, as amended.	3632

(2) Every person who is appointed on a temporary basis or for	3633
a probationary term or on other than a permanent basis as any of	3634
the following shall forfeit the appointed position unless the	3635
person previously has completed satisfactorily or, within the time	3636
prescribed by rules adopted by the attorney general pursuant to	3637
section 109.74 of the Revised Code, satisfactorily completes a	3638
state, county, municipal, or department of natural resources peace	3639
officer basic training program for temporary or probationary	3640
officers and is awarded a certificate by the director attesting to	3641
the satisfactory completion of the program:	3642

(a) A peace officer of any county, township, municipal	3643
corporation, regional transit authority, or metropolitan housing	3644
authority;	3645

(b) A natural resources law enforcement staff officer, park	3646
officer, forest officer, preserve officer, wildlife officer, or	3647
state watercraft officer of the department of natural resources;	3648

(c) An employee of a park district under section 511.232 or	3649
1545.13 of the Revised Code;	3650

(d) An employee of a conservancy district who is designated	3651
pursuant to section 6101.75 of the Revised Code;	3652

(e) A special police officer employed by the department of	3653
mental health pursuant to section 5119.14 of the Revised Code or	3654
the department of mental retardation and developmental	3655
disabilities pursuant to section 5123.13 of the Revised Code;	3656

(f) An enforcement agent of the department of public safety	3657
whom the director of public safety designates under section	3658
5502.14 of the Revised Code;	3659

(g) A special police officer employed by a port authority	3660
under section 4582.04 or 4582.28 of the Revised Code;	3661

(h) A special police officer employed by a municipal	3662
corporation at a municipal airport, or other municipal air	3663
navigation facility, that has scheduled operations, as defined in	3664
section 119.3 of Title 14 of the Code of Federal Regulations, 14	3665
C.F.R. 119.3, as amended, and that is required to be under a	3666
security program and is governed by aviation security rules of the	3667
transportation security administration of the United States	3668
department of transportation as provided in Parts 1542. and 1544.	3669
of Title 49 of the Code of Federal Regulations, as amended.	3670

(3) For purposes of division (B) of this section, a state,	3671
county, municipal, or department of natural resources peace	3672
officer basic training program, regardless of whether the program	3673
is to be completed by peace officers appointed on a permanent or	3674
temporary, probationary, or other nonpermanent basis, shall	3675
include ~~at least fifteen hours of~~ training in the handling of the	3676
offense of domestic violence, other types of domestic	3677
violence-related offenses and incidents, and protection orders and	3678
consent agreements issued or approved under section 2919.26 or	3679
3113.31 of the Revised Code and ~~at least six hours of~~ crisis	3680
intervention training. The requirement to complete ~~fifteen hours~~	3681
of training in the handling of the offense of domestic violence,	3682
other types of domestic violence-related offenses and incidents,	3683
and protection orders and consent agreements issued or approved	3684
under section 2919.26 or 3113.31 of the Revised Code does not	3685
apply to any person serving as a peace officer on March 27, 1979,	3686
and the requirement to complete ~~six hours of~~ training in crisis	3687
intervention does not apply to any person serving as a peace	3688
officer on April 4, 1985. Any person who is serving as a peace	3689
officer on April 4, 1985, who terminates that employment after	3690
that date, and who subsequently is hired as a peace officer by the	3691
same or another law enforcement agency shall complete ~~the six~~	3692
~~hours of~~ training in crisis intervention ~~within the time~~as	3693
prescribed by rules adopted by the attorney general pursuant to	3694
section 109.742 of the Revised Code. No peace officer shall have	3695
employment as a peace officer terminated and then be reinstated	3696
with intent to circumvent this section.	3697

(4) Division (B) of this section does not apply to any person	3698
serving on a permanent basis on March 28, 1985, as a park officer,	3699
forest officer, preserve officer, wildlife officer, or state	3700
watercraft officer of the department of natural resources or as an	3701
employee of a park district under section 511.232 or 1545.13 of	3702
the Revised Code, to any person serving on a permanent basis on	3703
March 6, 1986, as an employee of a conservancy district designated	3704
pursuant to section 6101.75 of the Revised Code, to any person	3705
serving on a permanent basis on January 10, 1991, as a preserve	3706
officer of the department of natural resources, to any person	3707
employed on a permanent basis on July 2, 1992, as a special police	3708
officer by the department of mental health pursuant to section	3709
5119.14 of the Revised Code or by the department of mental	3710
retardation and developmental disabilities pursuant to section	3711
5123.13 of the Revised Code, to any person serving on a permanent	3712
basis on May 17, 2000, as a special police officer employed by a	3713
port authority under section 4582.04 or 4582.28 of the Revised	3714
Code, to any person serving on a permanent basis on ~~the effective~~	3715
~~date of this amendment~~March 19, 2003, as a special police officer	3716
employed by a municipal corporation at a municipal airport or	3717
other municipal air navigation facility described in division	3718
(A)(19) of section 109.71 of the Revised Code, to any person	3719
serving on a permanent basis on June 19, 1978, as a state	3720
university law enforcement officer pursuant to section 3345.04 of	3721
the Revised Code and who, immediately prior to June 19, 1978, was	3722
serving as a special police officer designated under authority of	3723
that section, or to any person serving on a permanent basis on	3724
September 20, 1984, as a liquor control investigator, known after	3725
June 30, 1999, as an enforcement agent of the department of public	3726
safety, engaged in the enforcement of Chapters 4301. and 4303. of	3727
the Revised Code.	3728

(5) Division (B) of this section does not apply to any person	3729
who is appointed as a regional transit authority police officer	3730
pursuant to division (Y) of section 306.35 of the Revised Code if,	3731
on or before July 1, 1996, the person has completed satisfactorily	3732
an approved state, county, municipal, or department of natural	3733
resources peace officer basic training program and has been	3734
awarded a certificate by the executive director of the Ohio peace	3735
officer training commission attesting to the person's satisfactory	3736
completion of such an approved program and if, on July 1, 1996,	3737
the person is performing peace officer functions for a regional	3738
transit authority.	3739

(C) No person, after September 20, 1984, shall receive an	3740
original appointment on a permanent basis as a veterans' home	3741
police officer designated under section 5907.02 of the Revised	3742
Code unless the person previously has been awarded a certificate	3743
by the executive director of the Ohio peace officer training	3744
commission attesting to the person's satisfactory completion of an	3745
approved police officer basic training program. Every person who	3746
is appointed on a temporary basis or for a probationary term or on	3747
other than a permanent basis as a veterans' home police officer	3748
designated under section 5907.02 of the Revised Code shall forfeit	3749
that position unless the person previously has completed	3750
satisfactorily or, within one year from the time of appointment,	3751
satisfactorily completes an approved police officer basic training	3752
program.	3753

(D) No bailiff or deputy bailiff of a court of record of this	3754
state and no criminal investigator who is employed by the state	3755
public defender shall carry a firearm, as defined in section	3756
2923.11 of the Revised Code, while on duty unless the bailiff,	3757
deputy bailiff, or criminal investigator has done or received one	3758
of the following:	3759

(1) Has been awarded a certificate by the executive director	3760
of the Ohio peace officer training commission, which certificate	3761
attests to satisfactory completion of an approved state, county,	3762
or municipal basic training program for bailiffs and deputy	3763
bailiffs of courts of record and for criminal investigators	3764
employed by the state public defender that has been recommended by	3765
the Ohio peace officer training commission;	3766

(2) Has successfully completed a firearms training program	3767
approved by the Ohio peace officer training commission prior to	3768
employment as a bailiff, deputy bailiff, or criminal investigator;	3769

(3) Prior to June 6, 1986, was authorized to carry a firearm	3770
by the court that employed the bailiff or deputy bailiff or, in	3771
the case of a criminal investigator, by the state public defender	3772
and has received training in the use of firearms that the Ohio	3773
peace officer training commission determines is equivalent to the	3774
training that otherwise is required by division (D) of this	3775
section.	3776

(E)(1) Before a person seeking a certificate completes an	3777
approved peace officer basic training program, the executive	3778
director of the Ohio peace officer training commission shall	3779
request the person to disclose, and the person shall disclose, any	3780
previous criminal conviction of or plea of guilty of that person	3781
to a felony.	3782

(2) Before a person seeking a certificate completes an	3783
approved peace officer basic training program, the executive	3784
director shall request a criminal history records check on the	3785
person. The executive director shall submit the person's	3786
fingerprints to the bureau of criminal identification and	3787
investigation, which shall submit the fingerprints to the federal	3788
bureau of investigation for a national criminal history records	3789
check.	3790

Upon receipt of the executive director's request, the bureau	3791
of criminal identification and investigation and the federal	3792
bureau of investigation shall conduct a criminal history records	3793
check on the person and, upon completion of the check, shall	3794
provide a copy of the criminal history records check to the	3795
executive director. The executive director shall not award any	3796
certificate prescribed in this section unless the executive	3797
director has received a copy of the criminal history records check	3798
on the person to whom the certificate is to be awarded.	3799

(3) The executive director of the commission shall not award	3800
a certificate prescribed in this section to a person who has been	3801
convicted of or has pleaded guilty to a felony or who fails to	3802
disclose any previous criminal conviction of or plea of guilty to	3803
a felony as required under division (E)(1) of this section.	3804

(4) The executive director of the commission shall revoke the	3805
certificate awarded to a person as prescribed in this section, and	3806
that person shall forfeit all of the benefits derived from being	3807
certified as a peace officer under this section, if the person,	3808
before completion of an approved peace officer basic training	3809
program, failed to disclose any previous criminal conviction of or	3810
plea of guilty to a felony as required under division (E)(1) of	3811
this section.	3812

(F)(1) Regardless of whether the person has been awarded the	3813
certificate or has been classified as a peace officer prior to,	3814
on, or after October 16, 1996, the executive director of the Ohio	3815
peace officer training commission shall revoke any certificate	3816
that has been awarded to a person as prescribed in this section if	3817
the person does either of the following:	3818

(a) Pleads guilty to a felony committed on or after January	3819
1, 1997;	3820

(b) Pleads guilty to a misdemeanor committed on or after	3821
January 1, 1997, pursuant to a negotiated plea agreement as	3822
provided in division (D) of section 2929.43 of the Revised Code in	3823
which the person agrees to surrender the certificate awarded to	3824
the person under this section.	3825

(2) The executive director of the commission shall suspend	3826
any certificate that has been awarded to a person as prescribed in	3827
this section if the person is convicted, after trial, of a felony	3828
committed on or after January 1, 1997. The executive director	3829
shall suspend the certificate pursuant to division (F)(2) of this	3830
section pending the outcome of an appeal by the person from that	3831
conviction to the highest court to which the appeal is taken or	3832
until the expiration of the period in which an appeal is required	3833
to be filed. If the person files an appeal that results in that	3834
person's acquittal of the felony or conviction of a misdemeanor,	3835
or in the dismissal of the felony charge against that person, the	3836
executive director shall reinstate the certificate awarded to the	3837
person under this section. If the person files an appeal from that	3838
person's conviction of the felony and the conviction is upheld by	3839
the highest court to which the appeal is taken or if the person	3840
does not file a timely appeal, the executive director shall revoke	3841
the certificate awarded to the person under this section.	3842

(G)(1) If a person is awarded a certificate under this	3843
section and the certificate is revoked pursuant to division (E)(4)	3844
or (F) of this section, the person shall not be eligible to	3845
receive, at any time, a certificate attesting to the person's	3846
satisfactory completion of a peace officer basic training program.	3847

(2) The revocation or suspension of a certificate under	3848
division (E)(4) or (F) of this section shall be in accordance with	3849
Chapter 119. of the Revised Code.	3850

(H)(1) A person who was employed as a peace officer of a	3851
county, township, or municipal corporation of the state on January	3852
1, 1966, and who has completed at least sixteen years of full-time	3853
active service as such a peace officer, or equivalent service as	3854
determined by the executive director of the Ohio peace officer	3855
training commission, may receive an original appointment on a	3856
permanent basis and serve as a peace officer of a county,	3857
township, or municipal corporation, or as a state university law	3858
enforcement officer, without complying with the requirements of	3859
division (B) of this section.	3860

(2) Any person who held an appointment as a state highway	3861
trooper on January 1, 1966, may receive an original appointment on	3862
a permanent basis and serve as a peace officer of a county,	3863
township, or municipal corporation, or as a state university law	3864
enforcement officer, without complying with the requirements of	3865
division (B) of this section.	3866

(I) No person who is appointed as a peace officer of a	3867
county, township, or municipal corporation on or after April 9,	3868
1985, shall serve as a peace officer of that county, township, or	3869
municipal corporation unless the person has received training in	3870
the handling of missing children and child abuse and neglect cases	3871
from an approved state, county, township, or municipal police	3872
officer basic training program or receives the training within the	3873
time prescribed by rules adopted by the attorney general pursuant	3874
to section 109.741 of the Revised Code.	3875

(J) No part of any approved state, county, or municipal basic	3876
training program for bailiffs and deputy bailiffs of courts of	3877
record and no part of any approved state, county, or municipal	3878
basic training program for criminal investigators employed by the	3879
state public defender shall be used as credit toward the	3880
completion by a peace officer of any part of the approved state,	3881
county, or municipal peace officer basic training program that the	3882
peace officer is required by this section to complete	3883
satisfactorily.	3884

(K) This section does not apply to any member of the police	3885
department of a municipal corporation in an adjoining state	3886
serving in this state under a contract pursuant to section 737.04	3887
of the Revised Code.	3888

Sec. 109.802. (A) There is hereby created in the state	3889
treasury the law enforcement assistance fund. The ~~fund~~attorney	3890
general shall ~~be used~~use the fund to pay reimbursements for	3891
continuing professional training programs for peace officers and	3892
troopers as provided in this section and section 109.803 of the	3893
Revised Code, ~~the~~ compensation of any employees of the attorney	3894
general required to administer those sections, and any other	3895
administrative costs incurred by the attorney general to	3896
administer those sections.	3897

(B) The attorney general shall adopt rules in accordance with	3898
Chapter 119. of the Revised Code establishing application	3899
procedures, standards, and guidelines, and prescribing an	3900
application form, for the reimbursement of public appointing	3901
authorities for the cost of continuing professional training	3902
programs for their peace officers and troopers. The rules shall	3903
include, but are not limited to, all of the following:	3904

(1) A requirement that applications for reimbursement be	3905
submitted on a calendar-year basis;	3906

(2) The documentation required to substantiate any costs for	3907
which the applicant seeks reimbursement;	3908

(3) Procedures for submitting applications for reimbursement	3909
for the cost of continuing professional training programs	3910
completed by a peace officer or trooper for whom the executive	3911
director of the Ohio peace officer training commission granted	3912
pursuant to division (A)(2) of section 109.803 of the Revised Code	3913
an extension of the time for compliance with the continuing	3914
professional training requirement specified in division (A) of	3915
that section and who complied with the requirement prior to the	3916
date on which the extension ends;	3917

(4) Any other requirements necessary for the proper	3918
administration of the reimbursement program.	3919

(C) The Ohio peace officer training commission shall	3920
administer a program for reimbursing public appointing authorities	3921
for the costs of continuing professional training programs that	3922
are successfully completed by the appointing authority's peace	3923
officers or troopers. The commission shall administer the	3924
reimbursement program in accordance with rules adopted by the	3925
attorney general pursuant to division (B) of this section.	3926

(D) Each public appointing authority may apply each calendar	3927
year to the peace officer training commission for reimbursement	3928
for the costs of continuing professional training programs that	3929
are successfully completed by the appointing authority's peace	3930
officers or troopers. Each application shall be made in accordance	3931
with, on an application form prescribed in, and be supported by	3932
the documentation required by, the rules adopted by the attorney	3933
general pursuant to division (B) of this section.	3934

(E)(1) The Ohio peace officer training commission, in	3935
accordance with rules of the attorney general adopted under	3936
division (B) of this section, shall review each application for	3937
reimbursement made under division (D) of this section to determine	3938
if the applicant is entitled to reimbursement for the training	3939
programs for which the applicant seeks reimbursement. Except as	3940
provided in division (E)(2) of this section, a public appointing	3941
authority that complies with division (B) of section 109.761 of	3942
the Revised Code and applies under division (D) of this section	3943
for reimbursement is entitled to reimbursement ~~only if all~~for	3944
each of the appointing authority's peace officers or troopers	3945
~~comply~~who timely complies with the continuing professional	3946
training requirement specified in division (A)(1) of section	3947
109.803 of the Revised Code by completing the minimum number of	3948
hours of training directed by the Ohio peace officer training	3949
commission under that division and with the other requirements	3950
described in that division.	3951

(2) ~~If a public appointing authority applies under division~~	3952
~~(D) of this section for reimbursement, if one or more of its peace~~	3953
~~officers or troopers have not complied with the continuing~~	3954
~~professional training requirement specified in division (A)(1) of~~	3955
~~section 109.803 of the Revised Code by completing the minimum~~	3956
~~number of hours of training directed by the Ohio peace officer~~	3957
~~training commission under that division, and if the executive~~	3958
~~director of the commission granted pursuant to division (A)(2) of~~	3959
~~section 109.803 of the Revised Code an extension of the time~~	3960
~~within which each of those peace officers or troopers who have not~~	3961
~~complied with the continuing professional training requirement~~	3962
~~must comply with that requirement, notwithstanding division (E)(1)~~	3963
~~of this section, both of the following apply:~~	3964

~~(a) If each peace officer or trooper of the public appointing~~	3965
~~authority for whom the executive director of the commission did~~	3966
~~not grant an extension pursuant to division (A)(2) of section~~	3967
~~109.803 of the Revised Code has complied with the continuing~~	3968
~~professional training requirement and with the other requirements~~	3969
~~described in division (A)(1) of section 109.803 of the Revised~~	3970
~~Code, the public appointing authority is entitled to reimbursement~~	3971
~~for the training programs completed by all of its peace officers~~	3972
~~or troopers who have so complied with the continuing professional~~	3973
~~training requirement and the other specified requirements.~~	3974

~~(b)~~ If a peace officer or trooper of the public appointing	3975
authority for whom the executive director of the commission	3976
granted an extension pursuant to division (A)(2) of section	3977
109.803 of the Revised Code complies prior to the date on which	3978
the extension ends with the continuing professional training	3979
requirement, and if the peace officer or trooper also has complied	3980
with the other requirements described in division (A)(1) of	3981
section 109.803 of the Revised Code, the public appointing	3982
authority is entitled to reimbursement for the training programs	3983
completed by that peace officer or trooper. An application for	3984
reimbursement of the type described in this division shall be made	3985
in accordance with rules adopted by the attorney general pursuant	3986
to division (B) of section 109.802 of the Revised Code.	3987

(3) If a public appointing authority that applies under	3988
division (D) of this section for reimbursement is entitled to	3989
reimbursement under division (E)(1) or (2) of this section for	3990
each peace officer and trooper who successfully completes a	3991
training program, the commission shall approve reimbursing the	3992
appointing authority for the cost of that program. The actual	3993
amount of reimbursement for each authorized training program shall	3994
be determined by rules adopted by the attorney general under	3995
division (B) of this section.	3996

If the public appointing authority is entitled to	3997
reimbursement under division (E)(2)~~(a)~~ of this section, payment of	3998
the reimbursement shall not be withheld during the period of the	3999
extension granted to the other peace officers or troopers of the	4000
authority pursuant to division (A)(2) of section 109.803 of the	4001
Revised Code, pending their compliance with the requirement. If	4002
the public appointing authority is entitled to reimbursement under	4003
division (E)(2)~~(a)~~ of this section and if one or more of its peace	4004
officers or troopers who were granted an extension pursuant to	4005
division (A)(2) of section 109.803 of the Revised Code fails to	4006
complete prior to the date on which the extension ends the	4007
required minimum number of hours of continuing professional	4008
training set by the commission under division (A)(1) of section	4009
109.803 of the Revised Code, the failure does not affect the	4010
reimbursement made to the public appointing authority, and the	4011
public appointing authority is not required to return the	4012
reimbursement or any portion of it.	4013

(F) Each public appointing authority that receives funds	4014
under this section shall keep those funds separate from any other	4015
funds of the appointing authority and shall use those funds only	4016
for paying the cost of continuing professional training programs.	4017

(G) As used in this section and section 109.803 of the	4018
Revised Code:	4019

(1) "Peace officer" has the same meaning as in section 109.71	4020
of the Revised Code.	4021

(2) "Trooper" means an individual appointed as a state	4022
highway patrol trooper under section 5503.01 of the Revised Code.	4023

(3) "Appointing authority" means any agency or entity that	4024
appoints a peace officer or trooper.	4025

Sec. 109.803. (A)(1) Subject to division (A)(2) of this	4026
section, every appointing authority shall require each of its	4027
appointed peace officers and troopers to complete up to	4028
twenty-four hours of continuing professional training each	4029
calendar year, as directed by the Ohio peace officer training	4030
commission. The number of hours directed by the commission, up to	4031
twenty-four hours, is intended to be a minimum requirement, and	4032
appointing authorities are encouraged to exceed the number of	4033
hours the commission directs as the minimum. The commission shall	4034
set the required minimum number of hours based upon available	4035
funding for reimbursement as described in this division. If no	4036
funding for the reimbursement is available, no continuing	4037
professional training will be required.	4038

(2) An appointing authority may submit a written request to	4039
the peace officer training commission that requests for a calendar	4040
year because of emergency circumstances an extension of the time	4041
within which one or more of its appointed peace officers or	4042
troopers must complete the required minimum number of hours of	4043
continuing professional training set by the commission, as	4044
described in division (A)(1) of this section. A request made under	4045
this division shall set forth the name of each of the appointing	4046
authority's peace officers or troopers for whom an extension is	4047
requested, identify the emergency circumstances related to that	4048
peace officer or trooper, include documentation of those emergency	4049
circumstances, and set forth the date on which the request is	4050
submitted to the commission. A request shall be made under this	4051
division not later than the fifteenth day of December in the	4052
calendar year for which the extension is requested.	4053

Upon receipt of a written request made under this division,	4054
the executive director of the commission shall review the request	4055
and the submitted documentation. If the executive director of the	4056
commission is satisfied that emergency circumstances exist for any	4057
peace officer or trooper for whom a request was made under this	4058
division, the executive director may approve the request for that	4059
peace officer or trooper and grant an extension of the time within	4060
which that peace officer or trooper must complete the required	4061
minimum number of hours of continuing professional training set by	4062
the commission. An extension granted under this division may be	4063
for any period of time the executive director believes to be	4064
appropriate, and the executive director shall specify in the	4065
notice granting the extension the date on which the extension	4066
ends. Not later than thirty days after the date on which a request	4067
is submitted to the commission, for each peace officer and trooper	4068
for whom an extension is requested, the executive director either	4069
shall approve the request and grant an extension or deny the	4070
request and deny an extension and shall send to the appointing	4071
authority that submitted the request written notice of the	4072
executive director's decision.	4073

If the executive director grants an extension of the time	4074
within which a particular appointed peace officer or trooper of an	4075
appointing authority must complete the required minimum number of	4076
hours of continuing professional training set by the commission,	4077
the appointing authority shall require that peace officer or	4078
trooper to complete the required minimum number of hours of	4079
training not later than the date on which the extension ends.	4080

~~(3)(a) If a public appointing authority complies with the~~	4081
~~training requirement specified in division (A)(1) of this section~~	4082
~~by requiring each of its appointed peace officers and troopers to~~	4083
~~complete the number of hours of training the commission directs as~~	4084
~~the minimum and with division (B) of section 109.761 of the~~	4085
~~Revised Code and if the appointed peace officers and troopers of~~	4086
~~the public appointing authority comply with section 109.801 of the~~	4087
~~Revised Code to the extent that they are subject to that section~~	4088
~~and comply with all other training mandated by the general~~	4089
~~assembly or the attorney general, the attorney general shall~~	4090
~~reimburse the public appointing authority for the successful~~	4091
~~training costs of each of its appointed peace officers and~~	4092
~~troopers as provided in section 109.802 of the Revised Code.~~	4093

~~(b) If the executive director of the Ohio peace officer~~	4094
~~training commission grants pursuant to division (A)(2) of this~~	4095
~~section an extension of the time within which one or more~~	4096
~~appointed peace officers or troopers of a public appointing~~	4097
~~authority must complete the required minimum number of hours of~~	4098
~~continuing professional training set by the commission, and if the~~	4099
~~criteria set forth in division (A)(3)(a) of this section are~~	4100
~~satisfied regarding each appointed peace officer or trooper of the~~	4101
~~public appointing authority for whom such an extension was not~~	4102
~~granted, the attorney general shall reimburse the public~~	4103
~~appointing authority for the successful training costs of each of~~	4104
~~its appointed peace officers and troopers for whom such an~~	4105
~~extension was not granted, as provided in section 109.802 of the~~	4106
~~Revised Code.~~	4107

~~If an appointed peace officer or trooper of a public~~	4108
~~appointing authority for whom the executive director granted such~~	4109
~~an extension completes prior to the date on which the extension~~	4110
~~ends the number of hours of training the commission directs as the~~	4111
~~minimum, if the officer or trooper also has complied with section~~	4112
~~109.801 of the Revised Code to the extent that the officer or~~	4113
~~trooper is subject to that section and has complied with all other~~	4114
~~training mandated by the general assembly or the attorney general,~~	4115
~~and if the public appointing authority has complied with division~~	4116
~~(B) of section 109.761 of the Revised Code, the attorney general~~	4117
~~shall reimburse the public appointing authority for the successful~~	4118
~~training costs of that peace officer or trooper as provided in~~	4119
~~section 109.802 of the Revised Code.~~	4120

~~(B)(1) Subject to division (B)(2) of this section, no~~	4121
~~appointed peace officer or trooper of an appointing authority who~~	4122
~~fails to complete in any calendar year the required hours of~~	4123
~~continuing professional training the Ohio peace officer training~~	4124
~~commission directs pursuant to division (A) of this section as the~~	4125
~~minimum number of hours or who fails to comply with section~~	4126
~~109.801 of the Revised Code or any other required training shall~~	4127
~~carry a firearm during the course of official duties or perform~~	4128
~~the functions of a peace officer or trooper until evidence of the~~	4129
~~peace officer's or trooper's compliance with those requirements is~~	4130
~~filed with the executive director of the Ohio peace officer~~	4131
~~training commission.~~	4132

~~(2) If the executive director of the Ohio peace officer~~	4133
~~training commission grants pursuant to division (A)(2) of this~~	4134
~~section an extension of the time within which an appointed peace~~	4135
~~officer or trooper of an appointing authority must complete the~~	4136
~~required minimum number of hours of continuing professional~~	4137
~~training set by the commission, during the period of the extension~~	4138
~~division (B)(1) of this section does not apply to a peace officer~~	4139
~~or trooper for whom such an extension was granted, provided that~~	4140
~~peace officer or trooper has complied with section 109.801 of the~~	4141
~~Revised Code to the extent that the officer or trooper is subject~~	4142
~~to that section and has complied with all other required training.~~	4143
~~If a peace officer or trooper of an appointing authority for whom~~	4144
~~such an extension was granted fails to complete prior to the date~~	4145
~~on which the extension ends the required minimum number of hours~~	4146
~~of continuing professional training set by the commission,~~	4147
~~division (B)(1) of this section applies to that officer or trooper~~	4148
~~after the date on which the extension ends.~~	4149

~~(C)~~(B) With the advice of the Ohio peace officer training	4150
commission, the attorney general shall adopt in accordance with	4151
Chapter 119. of the Revised Code rules setting forth minimum	4152
standards for continuing professional training for peace officers	4153
and troopers and governing the administration of continuing	4154
professional training programs for peace officers and troopers.	4155
The attorney general shall transmit a certified copy of any rule	4156
adopted under this section to the secretary of state.	4157

Sec. 111.26. (A) It is hereby declared to be a public	4158
purpose and function of the state to facilitate the conduct of	4159
elections by assisting boards of elections in acquiring state	4160
capital facilities consisting of voting machines, marking devices,	4161
and automatic tabulating equipment certified for use in this	4162
state under section 3506.05 of the Revised Code. Those voting	4163
machines, marking devices, and automatic tabulating equipment are	4164
designated as capital facilities under sections 152.09 to 152.33	4165
of the Revised Code. The Ohio building authority is authorized to	4166
issue revenue obligations under sections 152.09 to 152.33 of the	4167
Revised Code to pay all or part of the cost of those state	4168
capital facilities as are designated by law.	4169

Boards of elections, due to their responsibilities related to	4170
the proper conduct of elections under state law, are designated as	4171
state agencies having jurisdiction over those state capital	4172
facilities financed in part pursuant to this section and Chapter	4173
152. of the Revised Code. It is hereby determined and declared	4174
that voting machines, marking devices, and automatic tabulating	4175
equipment financed in part under this section are for the purpose	4176
of housing agencies of state government, their functions and	4177
equipment.	4178

(B) A county shall contribute to the cost of capital	4179
facilities authorized under this section as provided below.	4180

(C) Any lease of capital facilities authorized by this	4181
section, the rentals of which are payable in whole or in part from	4182
appropriations made by the general assembly, is governed by	4183
division (D) of section 152.24 of the Revised Code. Such rentals	4184
constitute available receipts as defined in section 152.09 of the	4185
Revised Code and may be pledged for the payment of bond service	4186
charges as provided in section 152.10 of the Revised Code.	4187

(D) The county voting machine revolving lease/loan fund is	4188
hereby created in the state treasury. The fund shall consist of	4189
the net proceeds of obligations issued under sections 152.09 to	4190
152.33 of the Revised Code to finance a portion of those state	4191
capital facilities described in division (A) of this section, as	4192
needed to ensure sufficient moneys to support appropriations from	4193
the fund. Lease payments from counties made for those capital	4194
facilities financed in part from the fund and interest earnings	4195
on the balance in the fund shall be credited to the fund. The	4196
fund shall also receive any other authorized transfers of cash.	4197
Moneys in the fund shall be used for the purpose of acquiring a	4198
portion of additional capital facilities described in division	4199
(A) of this section at the request of the applicable board of	4200
elections.	4201

Participation in the fund by a board of county commissioners	4202
shall be voluntary.	4203

The secretary of state shall administer the county voting	4204
machine revolving lease/loan fund in accordance with this section	4205
and shall enter into any lease or other agreement with the	4206
department of administrative services, the Ohio building	4207
authority, or any board of elections necessary or appropriate to	4208
accomplish the purposes of this section.	4209

(E) Acquisitions made under this section shall provide not	4210
more than fifty per cent of the estimated total cost of a board of	4211
county commissioners' purchase of voting machines, marking	4212
devices, and automatic tabulating equipment.	4213

The secretary of state shall adopt rules for the	4214
implementation of the acquisition and revolving lease/loan program	4215
established under this section, which rules shall require that	4216
the secretary of state approve any acquisition of voting	4217
machines, marking devices, and automatic tabulating equipment	4218
using money made available under this section. An acquisition for	4219
any one board of county commissioners shall not exceed five	4220
million dollars and shall be made only for equipment purchased on	4221
or after March 31, 2008.Any costs incurred on or after January	4222
1, 2008, may be considered as the county cost percentage for the	4223
purpose of an acquisition made under this section.	4224

Counties shall lease from the secretary of state the capital	4225
facilities financed in part from the county voting machine	4226
revolving lease/loan fund and may enter into any agreements	4227
required under the applicable bond proceedings. All voting	4228
machines, marking devices, and automatic tabulating equipment	4229
purchased through this fund shall remain the property of the	4230
state until all payments under the applicable county lease have	4231
been made at which time ownership shall transfer to the county.	4232
Costs associated with the maintenance, repair, and operation of	4233
the voting machines, marking devices, and automatic tabulating	4234
equipment purchased under this section shall be the	4235
responsibility of the participating boards of elections and	4236
boards of county commissioners.	4237

Such lease may obligate the counties, as using state agencies	4238
under Chapter 152. of the Revised Code, to operate the capital	4239
facilities for such period of time as may be specified by law and	4240
to pay such rent as the secretary of state determines to be	4241
appropriate. Notwithstanding any other provision of the Revised	4242
Code to the contrary, any county may enter into such a lease, and	4243
any such lease is legally sufficient to obligate the county for	4244
the term stated in the lease. Any such lease constitutes an	4245
agreement described in division (E) of section 152.24 of the	4246
Revised Code.	4247

(F) As used in this section:

4248

(1) "Automatic tabulating equipment," "marking device," and	4249
"voting machine" have the same meanings as in section 3506.01 of	4250
the Revised Code.	4251

(2) "Equipment" has the same meaning as in section 3506.05	4252
of the Revised Code.	4253

Sec. 111.27. There is hereby established in the state	4254
treasury the board of elections reimbursement and education fund.	4255
The fund shall be used by the secretary of state to reimburse	4256
boards of elections for various purposes, including reimbursements	4257
made under sections 3513.301, 3513.312, 3515.071, and 3521.03 of	4258
the Revised Code, and to provide training and educational programs	4259
for members and employees of boards of elections. The fund shall	4260
receive transfers of cash pursuant to controlling board action and	4261
also shall receive revenues from fees, gifts, grants, donations,	4262
and other similar receipts.	4263

Sec. 117.13. (A) The costs of audits of state agencies shall	4264
be recovered by the auditor of state in the following manner:	4265

(1) The costs of all audits of state agencies shall be paid	4266
to the auditor of state on statements rendered by the auditor of	4267
state. Money so received by the auditor of state shall be paid	4268
into the state treasury to the credit of the public audit expense	4269
fund--intrastate, which is hereby created, and shall be used to	4270
pay costs related to such audits. The costs of all annual and	4271
special audits of a state agency shall be charged to the state	4272
agency being audited. The costs of all biennial audits of a state	4273
agency shall be paid from money appropriated to the department of	4274
administrative services for that purpose. The costs of any	4275
assistant auditor, employee, or expert employed pursuant to	4276
section 117.09 of the Revised Code called upon to testify in any	4277
legal proceedings in regard to any audit, or called upon to review	4278
or discuss any matter related to any audit, may be charged to the	4279
state agency to which the audit relates.	4280

(2) The auditor of state shall establish by rule rates to be	4281
charged to state agencies or to the department of administrative	4282
services for recovering the costs of audits of state agencies.	4283

(B) As used in this division, "government auditing standards"	4284
means the government auditing standards published by the	4285
comptroller general of the United States general accounting	4286
office.	4287

(1) Except as provided in divisions (B)(2) and (3) of this	4288
section, any costs of an audit of a private institution,	4289
association, board, or corporation receiving public money for its	4290
use shall be charged to the public office providing the public	4291
money in the same manner as costs of an audit of the public	4292
office.	4293

(2) If an audit of a private child placing agency or private	4294
noncustodial agency receiving public money from a public children	4295
services agency for providing child welfare or child protection	4296
services sets forth that money has been illegally expended,	4297
converted, misappropriated, or is unaccounted for, the costs of	4298
the audit shall be charged to the agency being audited in the same	4299
manner as costs of an audit of a public office, unless the	4300
findings are inconsequential, as defined by government auditing	4301
standards.	4302

(3) If such an audit does not set forth that money has been	4303
illegally expended, converted, misappropriated, or is unaccounted	4304
for or sets forth findings that are inconsequential, as defined by	4305
government auditing standards, the costs of the audit shall be	4306
charged as follows:	4307

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

4308

(b) One-third of the costs to the public children services	4309
agency that provided the public money to the agency being audited;	4310

(c) One-third of the costs to the department of job and	4311
family services.	4312

(C) The costs of audits of local public offices shall be	4313
recovered by the auditor of state in the following manner:	4314

(1) The total amount of compensation paid assistant auditors	4315
of state, their expenses, the cost of employees assigned to assist	4316
the assistant auditors of state, the cost of experts employed	4317
pursuant to section 117.09 of the Revised Code, and the cost of	4318
typing, reviewing, and copying reports shall be borne by the	4319
public office to which such assistant auditors of state are so	4320
assigned, except that annual vacation and sick leave of assistant	4321
auditors of state, employees, and typists shall be financed from	4322
the general revenue fund. The necessary traveling and hotel	4323
expenses of the deputy inspectors and supervisors of public	4324
offices shall be paid from the state treasury. Assistant auditors	4325
of state shall be compensated by the taxing district or other	4326
public office audited for activities undertaken pursuant to	4327
division (B) of section 117.18 and section 117.24 of the Revised	4328
Code. The costs of any assistant auditor, employee, or expert	4329
employed pursuant to section 117.09 of the Revised Code called	4330
upon to testify in any legal proceedings in regard to any audit,	4331
or called upon to review or discuss any matter related to any	4332
audit, may be charged to the public office to which the audit	4333
relates.	4334

(2) The auditor of state shall certify the amount of such	4335
compensation, expenses, cost of experts, reviewing, copying, and	4336
typing to the fiscal officer of the local public office audited.	4337
The fiscal officer of the local public office shall forthwith draw	4338
a warrant upon the general fund or other appropriate funds of the	4339
local public office to the order of the auditor of state;	4340
provided, that the auditor of state is authorized to negotiate	4341
with any local public office and, upon agreement between the	4342
auditor of state and the local public office, may adopt a schedule	4343
for payment of the amount due under this section. Money so	4344
received by the auditor of state shall be paid into the state	4345
treasury to the credit of the public audit expense fund--local	4346
government, which is hereby created, and shall be used to pay the	4347
compensation, expense, cost of experts and employees, reviewing,	4348
copying, and typing of reports.	4349

(3) At the conclusion of each audit, or analysis and report	4350
made pursuant to section 117.24 of the Revised Code, the auditor	4351
of state shall furnish the fiscal officer of the local public	4352
office audited a statement showing the total cost of the audit, or	4353
of the audit and the analysis and report, and the percentage of	4354
the total cost chargeable to each fund audited. The fiscal officer	4355
may distribute such total cost to each fund audited in accordance	4356
with its percentage of the total cost.	4357

(4) The auditor of state shall provide each local public	4358
office a statement or certification of the amount due from the	4359
public office for services performed by the auditor of state under	4360
this or any other section of the Revised Code, as well as the date	4361
upon which payment is due to the auditor of state. Any local	4362
public office that does not pay the amount due to the auditor of	4363
state by that date may be assessed by the auditor of state for	4364
interest from the date upon which the payment is due at the rate	4365
per annum prescribed by section 5703.47 of the Revised Code. All	4366
interest charges assessed by the auditor of state may be collected	4367
in the same manner as audit costs pursuant to division (D) of this	4368
section.	4369

(D) If the auditor of state fails to receive payment for any	4370
amount due, including, but not limited to, fines, fees, and costs,	4371
from a public office for services performed under this or any	4372
other section of the Revised Code, the auditor of state may seek	4373
payment through the office of budget and management. (Amounts due	4374
include any amount due to an independent public accountant with	4375
whom the auditor has contracted to perform services, all costs and	4376
fees associated with participation in the uniform accounting	4377
network, and all costs associated with the auditor's provision of	4378
local government services.) Upon certification by the auditor of	4379
state to the director of budget and management of any such amount	4380
due, the director shall withhold from the public office any amount	4381
available, up to and including the amount certified as due, from	4382
any funds under the director's control that belong to or are	4383
lawfully payable or due to the public office. The director shall	4384
promptly pay the amount withheld to the auditor of state. If the	4385
director determines that no funds due and payable to the public	4386
office are available or that insufficient amounts of such funds	4387
are available to cover the amount due, the director shall withhold	4388
and pay to the auditor of state the amounts available and, in the	4389
case of a local public office, certify the remaining amount to the	4390
county auditor of the county in which the local public office is	4391
located. The county auditor shall withhold from the local public	4392
office any amount available, up to and including the amount	4393
certified as due, from any funds under the county auditor's	4394
control and belonging to or lawfully payable or due to the local	4395
public office. The county auditor shall promptly pay any such	4396
amount withheld to the auditor of state.	4397

(E)(1) The auditor of state shall certify to the director of	4398
budget and management the amounts due or necessary for state	4399
agency audit costs and the director shall transfer the certified	4400
amounts from the general revenue fund to the public audit expense	4401
fund - intrastate if either of the following apply:	4402

(a) A state agency that has ceased operation has not paid	4403
audit costs pursuant to this section.	4404

(b) In the judgment of the auditor of state, the money	4405
appropriated for the cost of biennial audits of state agencies is	4406
not sufficient to conduct an appropriate audit program.	4407

(2) If a local public office ceases operation and has not	4408
paid audit costs pursuant to this section, one of the following	4409
shall occur:	4410

(a) In the case of costs due for an audit performed by the	4411
auditor or state, the auditor of state shall certify to the	4412
director the amounts due for these costs, and the director shall	4413
transfer the certified amounts from the general revenue fund to	4414
the public audit expense fund-local government.	4415

(b) In the case of costs due for an audit performed by an	4416
independent auditor, the independent auditor shall notify the	4417
auditor of state of the amounts due for these costs. The auditor	4418
of state shall certify the amounts to the director, and the	4419
director shall transfer the certified amounts from the general	4420
revenue fund to the credit of the public audit expense	4421
fund-independent auditors, which is hereby created in the state	4422
treasury for the purpose of reimbursing independent auditors for	4423
unpaid audit costs pursuant to this section.	4424

Sec. 118.05. (A) Pursuant to the powers of the general	4425
assembly and for the purposes of this chapter, upon the occurrence	4426
of a fiscal emergency in any municipal corporation, county, or	4427
township, as determined pursuant to section 118.04 of the Revised	4428
Code, there is established, with respect to that municipal	4429
corporation, county, or township, a body both corporate and	4430
politic constituting an agency and instrumentality of the state	4431
and performing essential governmental functions of the state to be	4432
known as the "financial planning and supervision commission for	4433
............... (name of municipal corporation, county, or	4434
township)," which, in that name, may exercise all authority vested	4435
in such a commission by this chapter. A separate commission is	4436
established with respect to each municipal corporation, county, or	4437
township as to which there is a fiscal emergency as determined	4438
under this chapter.	4439

(B) A commission shall consist of the following ~~seven~~ voting	4440
members:	4441

(1) Four ex officio members: the treasurer of state; the	4442
director of budget and management; in the case of a municipal	4443
corporation, the mayor of the municipal corporation and the	4444
presiding officer of the legislative authority of the municipal	4445
corporation; in the case of a county, the president of the board	4446
of county commissioners and the county auditor; and in the case of	4447
a township, a member of the board of township trustees and the	4448
county auditor.	4449

The treasurer of state may designate a deputy treasurer or	4450
director within the office of the treasurer of state or any other	4451
appropriate person who is not an employee of the treasurer of	4452
state's office; the director of budget and management may	4453
designate an individual within the office of budget and management	4454
or any other appropriate person who is not an employee of the	4455
office of budget and management; the mayor may designate a	4456
responsible official within the mayor's office or the fiscal	4457
officer of the municipal corporation; the presiding officer of the	4458
legislative authority of the municipal corporation may designate	4459
any other member of the legislative authority; the board of county	4460
commissioners may designate any other member of the board or the	4461
fiscal officer of the county; and the board of township trustees	4462
may designate any other member of the board or the fiscal officer	4463
of the township to attend the meetings of the commission when the	4464
ex officio member is absent or unable for any reason to attend. A	4465
designee, when present, shall be counted in determining whether a	4466
quorum is present at any meeting of the commission and may vote	4467
and participate in all proceedings and actions of the commission.	4468
The designations shall be in writing, executed by the ex officio	4469
member or entity making the designation, and filed with the	4470
secretary of the commission. The designations may be changed from	4471
time to time in like manner, but due regard shall be given to the	4472
need for continuity.	4473

(2) ~~Three~~If a municipal corporation, county, or township	4474
has a population of at least one thousand, three members nominated	4475
and appointed as follows:	4476

The mayor and presiding officer of the legislative authority	4477
of the municipal corporation, the board of county commissioners,	4478
or the board of township trustees shall, within ten days after the	4479
determination of the fiscal emergency by the auditor of state	4480
under section 118.04 of the Revised Code, submit in writing to the	4481
governor the nomination of five persons agreed to by them and	4482
meeting the qualifications set forth in this division. If the	4483
governor is not satisfied that at least three of the nominees are	4484
well qualified, the governor shall notify the mayor and presiding	4485
officer, or the board of county commissioners, or the board of	4486
township trustees to submit in writing, within five days,	4487
additional nominees agreed upon by them, not exceeding three. The	4488
governor shall appoint three members from all the agreed-upon	4489
nominees so submitted or a lesser number that the governor	4490
considers well qualified within thirty days after receipt of the	4491
nominations, and shall fill any remaining positions on the	4492
commission by appointment of any other persons meeting the	4493
qualifications set forth in this division. All appointments by	4494
the governor shall be made with the advice and consent of the	4495
senate. Each of the three appointed members shall serve during the	4496
life of the commission, subject to removal by the governor for	4497
misfeasance, nonfeasance, or malfeasance in office. In the event	4498
of the death, resignation, incapacity, removal, or ineligibility	4499
to serve of an appointed member, the governor, pursuant to the	4500
process for original appointment, shall appoint a successor.	4501

(3) If a municipal corporation, county, or township has a	4502
population of less than one thousand, one member nominated and	4503
appointed as follows:	4504

The mayor and presiding officer of the legislative authority	4505
of the municipal corporation, the board of county commissioners,	4506
or the board of township trustees shall, within ten days after the	4507
determination of the fiscal emergency by the auditor of state	4508
under section 118.04 of the Revised Code, submit in writing to the	4509
governor the nomination of three persons agreed to by them and	4510
meeting the qualifications set forth in this division. If the	4511
governor is not satisfied that at least one of the nominees is	4512
well qualified, the governor shall notify the mayor and presiding	4513
officer, or the board of county commissioners, or the board of	4514
township trustees to submit in writing, within five days,	4515
additional nominees agreed upon by them, not exceeding three. The	4516
governor shall appoint one member from all the agreed-upon	4517
nominees so submitted or shall fill the position on the commission	4518
by appointment of any other person meeting the qualifications set	4519
forth in this division. All appointments by the governor shall be	4520
made with the advice and consent of the senate. The appointed	4521
member shall serve during the life of the commission, subject to	4522
removal by the governor for misfeasance, nonfeasance, or	4523
malfeasance in office. In the event of the death, resignation,	4524
incapacity, removal, or ineligibility to serve of the appointed	4525
member, the governor, pursuant to the process for original	4526
appointment, shall appoint a successor.	4527

Each ~~of the three~~ appointed ~~members~~member shall be an	4528
individual:	4529

(a) Who has knowledge and experience in financial matters,	4530
financial management, or business organization or operations,	4531
~~including at least five years of experience in the private sector~~	4532
~~in the management of business or financial enterprise or in~~	4533
~~management consulting, public accounting, or other professional~~	4534
~~activity~~;	4535

(b) Whose residency, office, or principal place of	4536
professional or business activity is situated within the municipal	4537
corporation, county, or township;	4538

(c) Who ~~has not, at any time during the five years preceding~~	4539
~~the date of appointment, held any elected public office. An~~	4540
~~appointed member of the commission~~ shall not become a candidate	4541
for elected public office while serving as a member of the	4542
commission.	4543

(C) Immediately after appointment of the initial ~~three~~	4544
appointed member or members of the commission, the governor shall	4545
call the first meeting of the commission and shall cause written	4546
notice of the time, date, and place of the first meeting to be	4547
given to each member of the commission at least forty-eight hours	4548
in advance of the meeting.	4549

(D) The director of budget and management shall serve as	4550
chairperson of the commission. The commission shall elect one of	4551
its members to serve as vice-chairperson and may appoint a	4552
secretary and any other officers, who need not be members of the	4553
commission, it considers necessary.	4554

(E) The commission may adopt and alter bylaws and rules,	4555
which shall not be subject to section 111.15 or Chapter 119. of	4556
the Revised Code, for the conduct of its affairs and for the	4557
manner, subject to this chapter, in which its powers and functions	4558
shall be exercised and embodied.	4559

(F) ~~Five~~Four members of ~~the~~a commission established	4560
pursuant to divisions (B)(1) and (2) of this section constitute a	4561
quorum of the commission. The affirmative vote of ~~five~~a majority	4562
of the members of ~~the~~such a commission is necessary for any	4563
action taken by vote of the commission. Three members of a	4564
commission established pursuant to divisions (B)(1) and (3) of	4565
this section constitute a quorum of the commission. The	4566
affirmative vote of a majority of the members of such a	4567
commission is necessary for any action taken by vote of the	4568
commission. No vacancy in the membership of the commission	4569
shall impair the rights of a quorum by such vote to exercise all	4570
the rights and perform all the duties of the commission. Members	4571
of the commission, and their designees, are not disqualified	4572
from voting by reason of the functions of the other office they	4573
hold and are not disqualified from exercising the functions of	4574
the other office with respect to the municipal corporation,	4575
county, or township, its officers, or the commission.	4576

(G) The auditor of state shall serve as the "financial	4577
supervisor" to the commission unless the auditor of state elects	4578
to contract for that service. As used in this chapter, "financial	4579
supervisor" means the auditor of state.	4580

(H) At the request of the commission, the auditor of state	4581
shall designate employees of the auditor of state's office to	4582
assist the commission and the financial supervisor and to	4583
coordinate the work of the auditor of state's office and the	4584
financial supervisor. Upon the determination of a fiscal emergency	4585
in any municipal corporation, county, or township, the municipal	4586
corporation, county, or township shall provide the commission with	4587
such reasonable office space in the principal building housing	4588
city, county, or township government, where feasible, as it	4589
determines is necessary to carry out its duties under this	4590
chapter.	4591

(I) The financial supervisor, the members of the commission,	4592
the auditor of state, and any person authorized to act on behalf	4593
of or assist them shall not be personally liable or subject to any	4594
suit, judgment, or claim for damages resulting from the exercise	4595
of or failure to exercise the powers, duties, and functions	4596
granted to them in regard to their functioning under this chapter,	4597
but the commission, the financial supervisor, the auditor of	4598
state, and those other persons shall be subject to mandamus	4599
proceedings to compel performance of their duties under this	4600
chapter and with respect to any debt obligations issued pursuant	4601
or subject to this chapter.	4602

(J) At the request of the commission, the administrative head	4603
of any state agency shall temporarily assign personnel skilled in	4604
accounting and budgeting procedures to assist the commission or	4605
the financial supervisor in its duties as financial supervisor.	4606

(K) The appointed members of the commission are not subject	4607
to section 102.02 of the Revised Code. Each appointed member of	4608
the commission shall file with the commission a signed written	4609
statement setting forth the general nature of sales of goods,	4610
property, or services or of loans to the municipal corporation,	4611
county, or township with respect to which that commission is	4612
established, in which the appointed member has a pecuniary	4613
interest or in which any member of the appointed member's	4614
immediate family, as defined in section 102.01 of the Revised	4615
Code, or any corporation, partnership, or enterprise of which the	4616
appointed member is an officer, director, or partner, or of which	4617
the appointed member or a member of the appointed member's	4618
immediate family, as so defined, owns more than a five per cent	4619
interest, has a pecuniary interest, and of which sale, loan, or	4620
interest such member has knowledge. The statement shall be	4621
supplemented from time to time to reflect changes in the general	4622
nature of any such sales or loans.	4623

Sec. 120.08. There is hereby created in the state treasury	4624
the indigent defense support fund, consisting of money paid into	4625
the fund pursuant to ~~section~~sections 4507.45, 4509.101, 4510.22,	4626
and 4511.19 of the Revised Code and pursuant to ~~section~~sections	4627
2937.22, 2949.091, and 2949.094 of the Revised Code out of the	4628
additional court costs imposed under ~~that section~~those sections.	4629
The state public defender shall use at least ninety per cent of	4630
the money in the fund for the purpose of reimbursing county	4631
governments for expenses incurred pursuant to sections 120.18,	4632
120.28, and 120.33 of the Revised Code. Disbursements from the	4633
fund to county governments shall be made ~~in each state fiscal~~	4634
at least once per year and shall be allocated proportionately	4635
so that each county receives an equal percentage of its total	4636
cost for operating its county public defender system, its joint	4637
county public defender system, or its county appointed counsel	4638
system, or its system operated under division (C)(7) of section	4639
120.04 of the Revised Code and division (B) of section 120.33 of	4640
the Revised Code. The state public defender may use not more than	4641
ten per cent of the money in the fund for the purposes of	4642
appointing assistant state public defenders or for providing	4643
other personnel, equipment, and facilities necessary for the	4644
operation of the state public defender office.	4645

Sec. 121.04. Offices are created within the several	4646
departments as follows:	4647

In the department of commerce:

4648

		Commissioner of securities;		4649
		Superintendent of real estate and professional licensing;		4650
		Superintendent of financial institutions;		4651
		State fire marshal;		4652
		Superintendent of labor ~~and worker safety~~;		4653
		Superintendent of liquor control;		4654
		~~Superintendent of industrial compliance;~~		4655
		Superintendent of unclaimed funds.		4656

In the department of administrative services:

4657

		State architect and engineer;		4658
		Equal employment opportunity coordinator.		4659

In the department of agriculture:

4660

Chiefs of divisions as follows:

4661

		Administration;		4662
		Animal industry;		4663
		Dairy;		4664
		Food safety;		4665
		Plant industry;		4666
		Markets;		4667
		Meat inspection;		4668
		Consumer analytical laboratory;		4669
		Amusement ride safety;		4670
		Enforcement;		4671
		Weights and measures.		4672

In the department of natural resources:

4673

Chiefs of divisions as follows:

4674

		~~Water;~~		4675
		Mineral resources management;		4676
		Forestry;		4677
		Natural areas and preserves;		4678
		Wildlife;		4679
		Geological survey;		4680
		Parks and recreation;		4681
		Watercraft;		4682
		Recycling and litter prevention;		4683
		Soil and water ~~conservation~~ resources;		4684
		~~Real estate and land management;~~		4685
		Engineering.		4686

In the department of insurance:

4687

		Deputy superintendent of insurance;		4688
		Assistant superintendent of insurance, technical;		4689
		Assistant superintendent of insurance, administrative;		4690
		Assistant superintendent of insurance, research.		4691

Sec. 121.07. (A) Except as otherwise provided in this	4692
division, the officers mentioned in sections 121.04 and 121.05 of	4693
the Revised Code and the offices and divisions they administer	4694
shall be under the direction, supervision, and control of the	4695
directors of their respective departments, and shall perform such	4696
duties as the directors prescribe. In performing or exercising any	4697
of the examination or regulatory functions, powers, or duties	4698
vested by Title XI, Chapters 1733. and 1761., and sections 1315.01	4699
to 1315.18 of the Revised Code in the superintendent of financial	4700
institutions, the superintendent of financial institutions and the	4701
division of financial institutions are independent of and are not	4702
subject to the control of the department or the director of	4703
commerce. In the absence of the superintendent of financial	4704
institutions, a deputy superintendent, or in the absence of both	4705
the superintendent and an available deputy superintendent, the	4706
director of commerce, may, for a limited period of time, perform	4707
or exercise any of those functions, powers, or duties if written	4708
authorization is given by the superintendent of financial	4709
institutions.	4710

(B) With the approval of the governor, the director of each	4711
department shall establish divisions within the department, and	4712
distribute the work of the department among such divisions. Each	4713
officer created by section 121.04 of the Revised Code shall be the	4714
head of such a division.	4715

With the approval of the governor, the director of each	4716
department may consolidate any two or more of the offices created	4717
in the department by section 121.04 of the Revised Code, or reduce	4718
the number of or create new divisions therein.	4719

The director of each department may prescribe rules for the	4720
government of the department, the conduct of its employees, the	4721
performance of its business, and the custody, use, and	4722
preservation of the records, papers, books, documents, and	4723
property pertaining thereto.	4724

Sec. 121.08. (A) There is hereby created in the department	4725
of commerce the position of deputy director of administration.	4726
This officer shall be appointed by the director of commerce, serve	4727
under the director's direction, supervision, and control, perform	4728
the duties the director prescribes, and hold office during the	4729
director's pleasure. The director of commerce may designate an	4730
assistant director of commerce to serve as the deputy director of	4731
administration. The deputy director of administration shall	4732
perform the duties prescribed by the director of commerce in	4733
supervising the activities of the division of administration of	4734
the department of commerce.	4735

(B) Except as provided in section 121.07 of the Revised Code,	4736
the department of commerce shall have all powers and perform all	4737
duties vested in the deputy director of administration, the state	4738
fire marshal, the superintendent of financial institutions, the	4739
superintendent of real estate and professional licensing, the	4740
superintendent of liquor control, ~~the superintendent of~~	4741
~~industrial compliance,~~ the superintendent of labor ~~and worker~~	4742
~~safety~~, the superintendent of unclaimed funds, and the	4743
commissioner of securities, and shall have all powers and perform	4744
all duties vested by law in all officers, deputies, and employees	4745
of those offices. Except as provided in section 121.07 of the	4746
Revised Code, wherever powers are conferred or duties imposed upon	4747
any of those officers, the powers and duties shall be construed as	4748
vested in the department of commerce.	4749

(C)(1) There is hereby created in the department of commerce	4750
a division of financial institutions, which shall have all powers	4751
and perform all duties vested by law in the superintendent of	4752
financial institutions. Wherever powers are conferred or duties	4753
imposed upon the superintendent of financial institutions, those	4754
powers and duties shall be construed as vested in the division of	4755
financial institutions. The division of financial institutions	4756
shall be administered by the superintendent of financial	4757
institutions.	4758

(2) All provisions of law governing the superintendent of	4759
financial institutions shall apply to and govern the	4760
superintendent of financial institutions provided for in this	4761
section; all authority vested by law in the superintendent of	4762
financial institutions with respect to the management of the	4763
division of financial institutions shall be construed as vested in	4764
the superintendent of financial institutions created by this	4765
section with respect to the division of financial institutions	4766
provided for in this section; and all rights, privileges, and	4767
emoluments conferred by law upon the superintendent of financial	4768
institutions shall be construed as conferred upon the	4769
superintendent of financial institutions as head of the division	4770
of financial institutions. The director of commerce shall not	4771
transfer from the division of financial institutions any of the	4772
functions specified in division (C)(2) of this section.	4773

(D) There is hereby created in the department of commerce a	4774
division of liquor control, which shall have all powers and	4775
perform all duties vested by law in the superintendent of liquor	4776
control. Wherever powers are conferred or duties are imposed upon	4777
the superintendent of liquor control, those powers and duties	4778
shall be construed as vested in the division of liquor control.	4779
The division of liquor control shall be administered by the	4780
superintendent of liquor control.	4781

(E) The director of commerce shall not be interested,	4782
directly or indirectly, in any firm or corporation which is a	4783
dealer in securities as defined in sections 1707.01 and 1707.14 of	4784
the Revised Code, or in any firm or corporation licensed under	4785
sections 1321.01 to 1321.19 of the Revised Code.	4786

(F) The director of commerce shall not have any official	4787
connection with a savings and loan association, a savings bank, a	4788
bank, a bank holding company, a savings and loan association	4789
holding company, a consumer finance company, or a credit union	4790
that is under the supervision of the division of financial	4791
institutions, or a subsidiary of any of the preceding entities, or	4792
be interested in the business thereof.	4793

(G) There is hereby created in the state treasury the	4794
division of administration fund. The fund shall receive	4795
assessments on the operating funds of the department of commerce	4796
in accordance with procedures prescribed by the director of	4797
commerce and approved by the director of budget and management.	4798
All operating expenses of the division of administration shall be	4799
paid from the division of administration fund.	4800

(H) There is hereby created in the department of commerce a	4801
division of real estate and professional licensing, which shall be	4802
under the control and supervision of the director of commerce. The	4803
division of real estate and professional licensing shall be	4804
administered by the superintendent of real estate and professional	4805
licensing. The superintendent of real estate and professional	4806
licensing shall exercise the powers and perform the functions and	4807
duties delegated to the superintendent under Chapters 4735.,	4808
4763., and 4767. of the Revised Code.	4809

(I) There is hereby created in the department of commerce a	4810
division of labor ~~and worker safety~~, which shall have all powers	4811
and perform all duties vested by law in the superintendent of	4812
labor ~~and worker safety~~. Wherever powers are conferred or duties	4813
imposed upon the superintendent of labor ~~and worker safety~~, those	4814
powers and duties shall be construed as vested in the division of	4815
labor ~~and worker safety~~. The division of labor ~~and worker safety~~	4816
shall be under the control and supervision of the director of	4817
commerce and be administered by the superintendent of labor ~~and~~	4818
~~worker safety~~. ~~The superintendent of labor and worker safety shall~~	4819
~~exercise the powers and perform the duties delegated to the~~	4820
~~superintendent by the director under Chapters 4109., 4111., and~~	4821
~~4115. of the Revised Code.~~	4822

(J) There is hereby created in the department of commerce a	4823
division of unclaimed funds, which shall have all powers and	4824
perform all duties delegated to or vested by law in the	4825
superintendent of unclaimed funds. Wherever powers are conferred	4826
or duties imposed upon the superintendent of unclaimed funds,	4827
those powers and duties shall be construed as vested in the	4828
division of unclaimed funds. The division of unclaimed funds shall	4829
be under the control and supervision of the director of commerce	4830
and shall be administered by the superintendent of unclaimed	4831
funds. The superintendent of unclaimed funds shall exercise the	4832
powers and perform the functions and duties delegated to the	4833
superintendent by the director of commerce under section 121.07	4834
and Chapter 169. of the Revised Code, and as may otherwise be	4835
provided by law.	4836

(K) The department of commerce or a division of the	4837
department created by the Revised Code that is acting with	4838
authorization on the department's behalf may request from the	4839
bureau of criminal identification and investigation pursuant to	4840
section 109.572 of the Revised Code, or coordinate with	4841
appropriate federal, state, and local government agencies to	4842
accomplish, criminal records checks for the persons whose	4843
identities are required to be disclosed by an applicant for the	4844
issuance or transfer of a permit, license, certificate of	4845
registration, or certification issued or transferred by the	4846
department or division. At or before the time of making a request	4847
for a criminal records check, the department or division may	4848
require any person whose identity is required to be disclosed by	4849
an applicant for the issuance or transfer of such a license,	4850
permit, certificate of registration, or certification to submit to	4851
the department or division valid fingerprint impressions in a	4852
format and by any media or means acceptable to the bureau of	4853
criminal identification and investigation and, when applicable,	4854
the federal bureau of investigation. The department or division	4855
may cause the bureau of criminal identification and investigation	4856
to conduct a criminal records check through the federal bureau of	4857
investigation only if the person for whom the criminal records	4858
check would be conducted resides or works outside of this state or	4859
has resided or worked outside of this state during the preceding	4860
five years, or if a criminal records check conducted by the bureau	4861
of criminal identification and investigation within this state	4862
indicates that the person may have a criminal record outside of	4863
this state.	4864

In the case of a criminal records check under section 109.572	4865
of the Revised Code, the department or division shall forward to	4866
the bureau of criminal identification and investigation the	4867
requisite form, fingerprint impressions, and fee described in	4868
division (C) of that section. When requested by the department or	4869
division in accordance with this section, the bureau of criminal	4870
identification and investigation shall request from the federal	4871
bureau of investigation any information it has with respect to the	4872
person who is the subject of the requested criminal records check	4873
and shall forward the requisite fingerprint impressions and	4874
information to the federal bureau of investigation for that	4875
criminal records check. After conducting a criminal records check	4876
or receiving the results of a criminal records check from the	4877
federal bureau of investigation, the bureau of criminal	4878
identification and investigation shall provide the results to the	4879
department or division.	4880

The department or division may require any person about whom	4881
a criminal records check is requested to pay to the department or	4882
division the amount necessary to cover the fee charged to the	4883
department or division by the bureau of criminal identification	4884
and investigation under division (C)(3) of section 109.572 of the	4885
Revised Code, including, when applicable, any fee for a criminal	4886
records check conducted by the federal bureau of investigation.	4887

Sec. 121.083. The superintendent of ~~the division of~~	4888
~~industrial compliance~~labor in the department of commerce shall do	4889
all of the following:	4890

(A) Administer and enforce the general laws of this state	4891
pertaining to buildings, pressure piping, boilers, bedding,	4892
upholstered furniture, and stuffed toys, steam engineering,	4893
elevators, plumbing, licensed occupations regulated by the	4894
department, and travel agents, as they apply to plans review,	4895
inspection, code enforcement, testing, licensing, registration,	4896
and certification.	4897

(B) Exercise the powers and perform the duties delegated to	4898
the superintendent by the director of commerce under Chapters	4899
4109., 4111., and 4115. of the Revised Code.	4900

4901

~~(C)~~(D) Examine and license persons who desire to act as steam	4902
engineers, to operate steam boilers, and to act as inspectors of	4903
steam boilers, provide for the scope, conduct, and time of such	4904
examinations, provide for, regulate, and enforce the renewal and	4905
revocation of such licenses, inspect and examine steam boilers and	4906
make, publish, and enforce rules and orders for the construction,	4907
installation, inspection, and operation of steam boilers, and do,	4908
require, and enforce all things necessary to make such	4909
examination, inspection, and requirement efficient.	4910

~~(D)~~(E) Rent and furnish offices as needed in cities in this	4911
state for the conduct of its affairs.	4912

~~(E)~~(F) Oversee a chief of construction and compliance, a	4913
chief of operations and maintenance, a chief of licensing and	4914
certification, a chief of worker protection, and other designees	4915
appointed by the director ~~of commerce~~ to perform the duties	4916
described in this section.	4917

~~(F)~~(G) Enforce the rules the board of building standards	4918
adopts pursuant to division (A)(2) of section 4104.43 of the	4919
Revised Code under the circumstances described in division (D) of	4920
that section.	4921

~~(G)~~(H) Accept submissions, establish a fee for submissions,	4922
and review submissions of certified welding and brazing procedure	4923
specifications, procedure qualification records, and performance	4924
qualification records for building services piping as required by	4925
section 4104.44 of the Revised Code.	4926

Sec. 121.084. (A) All moneys collected under sections	4927
3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20,	4928
4169.03, 4171.04, and 5104.051 of the Revised Code, and any other	4929
moneys collected by the division of ~~industrial compliance~~labor	4930
shall be paid into the state treasury to the credit of the	4931
~~industrial compliance~~labor operating fund, which is hereby	4932
created. The department of commerce shall use the moneys in the	4933
fund for paying the operating expenses of the division and the	4934
administrative assessment described in division (B) of this	4935
section.	4936

(B) The director of commerce, with the approval of the	4937
director of budget and management, shall prescribe procedures for	4938
assessing the ~~industrial compliance~~labor operating fund a	4939
proportionate share of the administrative costs of the department	4940
of commerce. The assessment shall be made in accordance with those	4941
procedures and be paid from the ~~industrial compliance~~labor	4942
operating fund to the division of administration fund created in	4943
section 121.08 of the Revised Code.	4944

Sec. 121.31. There is hereby created the commission on	4945
Hispanic-Latino affairs consisting of eleven voting members	4946
appointed by the governor with the advice and consent of the	4947
senate and ~~two~~four ex officio, nonvoting members who are members	4948
of the general assembly. The speaker of the house of	4949
representatives shall recommend to the governor two persons for	4950
appointment to the commission, the president of the senate shall	4951
recommend to the governor two such persons, and the minority	4952
leaders of the house and senate shall each recommend to the	4953
governor one such person. The governor shall make initial	4954
appointments to the commission. Of the initial appointments made	4955
to the commission, three shall be for a term ending October 7,	4956
1978, four shall be for a term ending October 7, 1979, and four	4957
shall be for a term ending October 7, 1980. ~~One~~Two ex officio	4958
~~member~~members of the commission shall be ~~a member~~members of	4959
the house of representatives appointed by the speaker of the	4960
house of representatives and ~~one~~two ex officio ~~member~~members of	4961
the commission shall be ~~a member~~members of the senate appointed	4962
by the president of the senate. ~~When making their initial~~	4963
~~appointments, the speaker shall appoint a member of the house of~~	4964
~~representatives who is affiliated with the minority political~~	4965
~~party in the house of representatives and the president shall~~	4966
~~appoint a member of the senate who is affiliated with the~~	4967
~~majority political party in the senate; in making subsequent~~	4968
~~appointments the speaker and the president each shall alternate~~	4969
~~the political party affiliation of the members they appoint to~~	4970
~~the commission. The speaker and president shall make their~~	4971
~~initial appointments so that the initial ex officio members begin~~	4972
~~their terms October 7, 2008~~The speaker shall appoint one member	4973
of the house of representatives from among the representatives	4974
who are affiliated with the political party having a majority in	4975
the house of representatives and one member of the house of	4976
representatives from among the representatives who are affiliated	4977
with the political party having a minority in the house of	4978
representatives. The president shall appoint one member of the	4979
senate from among the senators who are affiliated with the	4980
political party having a majority in the senate and one member of	4981
the senate from among the senators who are affiliated with the	4982
political party having a minority in the senate.	4983

After the initial appointments by the governor, terms of	4984
office shall be for three years, except that members of the	4985
general assembly appointed to the commission shall be members of	4986
the commission only so long as they are members of the general	4987
assembly. Each term shall end on the same day of the same month	4988
of the year as did the term which it succeeds. Each member shall	4989
hold office from the date of appointment until the end of the	4990
term for which the member was appointed. Vacancies shall be	4991
filled in the same manner as the original appointment. Any member	4992
appointed to fill a vacancy occurring prior to the expiration of	4993
the term for which the member's predecessor was appointed shall	4994
hold office for the remainder of such term. Any member shall	4995
continue in office subsequent to the expiration date of the	4996
member's term until the member's successor takes office, or until	4997
a period of sixty days has elapsed, whichever occurs first. At the	4998
first organizational meeting of the commission, the original	4999
eleven members shall draw lots to determine the length of the term	5000
each member shall serve.	5001

All voting members of the commission shall speak Spanish,	5002
shall be of Spanish-speaking origin, and shall be American	5003
citizens or lawful, permanent, resident aliens. Voting members	5004
shall be from urban, suburban, and rural geographical areas	5005
representative of Spanish-speaking people with a numerical and	5006
geographical balance of the Spanish-speaking population	5007
throughout the state.	5008

The commission shall meet not less than six times per	5009
calendar year. The commission shall elect a chairperson,	5010
vice-chairperson, and other officers from its voting members as it	5011
considers advisable. Six voting members constitute a quorum. The	5012
commission shall adopt rules governing its procedures. No action	5013
of the commission is valid without the concurrence of six members.	5014

Each voting member shall be compensated for work as a member	5015
for each day that the member is actually engaged in the	5016
performance of work as a member. No voting member shall be	5017
compensated for more than one day each month. In addition, each	5018
voting member shall be reimbursed for all actual and necessary	5019
expenses incurred in the performance of official business.	5020

Sec. 121.37. (A)(1) There is hereby created the Ohio family	5021
and children first cabinet council. The council shall be composed	5022
of the superintendent of public instruction and the directors of	5023
youth services, job and family services, mental health, health,	5024
alcohol and drug addiction services, mental retardation and	5025
developmental disabilities, aging, rehabilitation and correction,	5026
and budget and management. The chairperson of the council shall be	5027
the governor or the governor's designee and shall establish	5028
procedures for the council's internal control and management.	5029

The purpose of the cabinet council is to help families	5030
seeking government services. This section shall not be interpreted	5031
or applied to usurp the role of parents, but solely to streamline	5032
and coordinate existing government services for families seeking	5033
assistance for their children.	5034

(2) In seeking to fulfill its purpose, the council may do any	5035
of the following:	5036

(a) Advise and make recommendations to the governor and	5037
general assembly regarding the provision of services to children;	5038

(b) Advise and assess local governments on the coordination	5039
of service delivery to children;	5040

(c) Hold meetings at such times and places as may be	5041
prescribed by the council's procedures and maintain records of the	5042
meetings, except that records identifying individual children are	5043
confidential and shall be disclosed only as provided by law;	5044

(d) Develop programs and projects, including pilot projects,	5045
to encourage coordinated efforts at the state and local level to	5046
improve the state's social service delivery system;	5047

(e) Enter into contracts with and administer grants to county	5048
family and children first councils, as well as other county or	5049
multicounty organizations to plan and coordinate service delivery	5050
between state agencies and local service providers for families	5051
and children;	5052

(f) Enter into contracts with and apply for grants from	5053
federal agencies or private organizations;	5054

(g) Enter into interagency agreements to encourage	5055
coordinated efforts at the state and local level to improve the	5056
state's social service delivery system. The agreements may include	5057
provisions regarding the receipt, transfer, and expenditure of	5058
funds;	5059

(h) Identify public and private funding sources for services	5060
provided to alleged or adjudicated unruly children and children	5061
who are at risk of being alleged or adjudicated unruly children,	5062
including regulations governing access to and use of the services;	5063

(i) Collect information provided by local communities	5064
regarding successful programs for prevention, intervention, and	5065
treatment of unruly behavior, including evaluations of the	5066
programs;	5067

(j) Identify and disseminate publications regarding alleged	5068
or adjudicated unruly children and children who are at risk of	5069
being alleged or adjudicated unruly children and regarding	5070
programs serving those types of children;	5071

(k) Maintain an inventory of strategic planning facilitators	5072
for use by government or nonprofit entities that serve alleged or	5073
adjudicated unruly children or children who are at risk of being	5074
alleged or adjudicated unruly children.	5075

(3) The cabinet council shall provide for the following:

5076

(a) Reviews of service and treatment plans for children for	5077
which such reviews are requested;	5078

(b) Assistance as the council determines to be necessary to	5079
meet the needs of children referred by county family and children	5080
first councils;	5081

(c) Monitoring and supervision of a statewide, comprehensive,	5082
coordinated, multi-disciplinary, interagency system for infants	5083
and toddlers with developmental disabilities or delays and their	5084
families, as established pursuant to federal grants received and	5085
administered by the department of health for early intervention	5086
services under the "Individuals with Disabilities Education Act of	5087
2004," 20 U.S.C.A. 1400, as amended.	5088

(4) The cabinet council shall develop and implement the	5089
following:	5090

(a) An interagency process to select the indicators that will	5091
be used to measure progress toward increasing child well-being in	5092
the state and to update the indicators on an annual basis. The	5093
indicators shall focus on expectant parents and newborns thriving;	5094
infants and toddlers thriving; children being ready for school;	5095
children and youth succeeding in school; youth choosing healthy	5096
behaviors; and youth successfully transitioning into adulthood.	5097

(b) An interagency system to offer guidance and monitor	5098
progress toward increasing child well-being in the state and in	5099
each county;	5100

(c) An annual plan that identifies state-level agency efforts	5101
taken to ensure progress towards increasing child well-being in	5102
the state.	5103

On an annual basis, the cabinet council shall submit to the	5104
governor and the general assembly a report on the status of	5105
efforts to increase child well-being in the state. This report	5106
shall be made available to any other person on request.	5107

(B)(1) Each board of county commissioners shall establish a	5108
county family and children first council. The board may invite any	5109
local public or private agency or group that funds, advocates, or	5110
provides services to children and families to have a	5111
representative become a permanent or temporary member of its	5112
county council. Each county council must include the following	5113
individuals:	5114

(a) At least three individuals who are not employed by an	5115
agency represented on the council and whose families are or have	5116
received services from an agency represented on the council or	5117
another county's council. Where possible, the number of members	5118
representing families shall be equal to twenty per cent of the	5119
council's membership.	5120

(b) The director of the board of alcohol, drug addiction, and	5121
mental health services that serves the county, or, in the case of	5122
a county that has a board of alcohol and drug addiction services	5123
and a community mental health board, the directors of both boards.	5124
If a board of alcohol, drug addiction, and mental health services	5125
covers more than one county, the director may designate a person	5126
to participate on the county's council.	5127

(c) The health commissioner, or the commissioner's designee,	5128
of the board of health of each city and general health district in	5129
the county. If the county has two or more health districts, the	5130
health commissioner membership may be limited to the commissioners	5131
of the two districts with the largest populations.	5132

(d) The director of the county department of job and family	5133
services;	5134

(e) The executive director of the public children services	5135
agency;	5136

(f) The superintendent of the county board of mental	5137
retardation and developmental disabilities;	5138

(g) The superintendent of the city, exempted village, or	5139
local school district with the largest number of pupils residing	5140
in the county, as determined by the department of education, which	5141
shall notify each board of county commissioners of its	5142
determination at least biennially;	5143

(h) A school superintendent representing all other school	5144
districts with territory in the county, as designated at a	5145
biennial meeting of the superintendents of those districts;	5146

(i) A representative of the municipal corporation with the	5147
largest population in the county;	5148

(j) The president of the board of county commissioners or an	5149
individual designated by the board;	5150

(k) A representative of the regional office of the department	5151
of youth services;	5152

(l) A representative of the county's head start agencies, as	5153
defined in section 3301.32 of the Revised Code;	5154

(m) A representative of the county's early intervention	5155
collaborative established pursuant to the federal early	5156
intervention program operated under the "Individuals with	5157
Disabilities Education Act of 2004";	5158

(n) A representative of a local nonprofit entity that funds,	5159
advocates, or provides services to children and families.	5160

Notwithstanding any other provision of law, the public	5161
members of a county council are not prohibited from serving on the	5162
council and making decisions regarding the duties of the council,	5163
including those involving the funding of joint projects and those	5164
outlined in the county's service coordination mechanism	5165
implemented pursuant to division (C) of this section.	5166

The cabinet council shall establish a state appeals process	5167
to resolve disputes among the members of a county council	5168
concerning whether reasonable responsibilities as members are	5169
being shared. The appeals process may be accessed only by a	5170
majority vote of the council members who are required to serve on	5171
the council. Upon appeal, the cabinet council may order that state	5172
funds for services to children and families be redirected to a	5173
county's board of county commissioners.	5174

The county's juvenile court judge senior in service or	5175
another judge of the juvenile court designated by the	5176
administrative judge or, where there is no administrative judge,	5177
by the judge senior in service shall serve as the judicial advisor	5178
to the county family and children first council. The judge may	5179
advise the county council on the court's utilization of resources,	5180
services, or programs provided by the entities represented by the	5181
members of the county council and how those resources, services,	5182
or programs assist the court in its administration of justice.	5183
Service of a judge as a judicial advisor pursuant to this section	5184
is a judicial function.	5185

(2) The purpose of the county council is to streamline and	5186
coordinate existing government services for families seeking	5187
services for their children. In seeking to fulfill its purpose, a	5188
county council shall provide for the following:	5189

(a) Referrals to the cabinet council of those children for	5190
whom the county council cannot provide adequate services;	5191

(b) Development and implementation of a process that annually	5192
evaluates and prioritizes services, fills service gaps where	5193
possible, and invents new approaches to achieve better results for	5194
families and children;	5195

(c) Participation in the development of a countywide,	5196
comprehensive, coordinated, multi-disciplinary, interagency system	5197
for infants and toddlers with developmental disabilities or delays	5198
and their families, as established pursuant to federal grants	5199
received and administered by the department of health for early	5200
intervention services under the "Individuals with Disabilities	5201
Education Act of 2004";	5202

(d) Maintenance of an accountability system to monitor the	5203
county council's progress in achieving results for families and	5204
children;	5205

(e) Establishment of a mechanism to ensure ongoing input from	5206
a broad representation of families who are receiving services	5207
within the county system.	5208

(3) A county council shall develop and implement the	5209
following:	5210

(a) An interagency process to establish local indicators and	5211
monitor the county's progress toward increasing child well-being	5212
in the county;	5213

(b) An interagency process to identify local priorities to	5214
increase child well-being. The local priorities shall focus on	5215
expectant parents and newborns thriving; infants and toddlers	5216
thriving; children being ready for school; children and youth	5217
succeeding in school; youth choosing healthy behaviors; and youth	5218
successfully transitioning into adulthood and take into account	5219
the indicators established by the cabinet council under division	5220
(A)(4)(a) of this section.	5221

(c) An annual plan that identifies the county's interagency	5222
efforts to increase child well-being in the county.	5223

On an annual basis, the county council shall submit a report	5224
on the status of efforts by the county to increase child	5225
well-being in the county to the county's board of county	5226
commissioners and the cabinet council. This report shall be made	5227
available to any other person on request.	5228

(4)(a) Except as provided in division (B)(4)(b) of this	5229
section, a county council shall comply with the policies,	5230
procedures, and activities prescribed by the rules or interagency	5231
agreements of a state department participating on the cabinet	5232
council whenever the county council performs a function subject to	5233
those rules or agreements.	5234

(b) On application of a county council, the cabinet council	5235
may grant an exemption from any rules or interagency agreements of	5236
a state department participating on the council if an exemption is	5237
necessary for the council to implement an alternative program or	5238
approach for service delivery to families and children. The	5239
application shall describe the proposed program or approach and	5240
specify the rules or interagency agreements from which an	5241
exemption is necessary. The cabinet council shall approve or	5242
disapprove the application in accordance with standards and	5243
procedures it shall adopt. If an application is approved, the	5244
exemption is effective only while the program or approach is being	5245
implemented, including a reasonable period during which the	5246
program or approach is being evaluated for effectiveness.	5247

(5)(a) Each county council shall designate an administrative	5248
agent for the council from among the following public entities:	5249
the board of alcohol, drug addiction, and mental health services,	5250
including a board of alcohol and drug addiction or a community	5251
mental health board if the county is served by separate boards;	5252
the board of county commissioners; any board of health of the	5253
county's city and general health districts; the county department	5254
of job and family services; the county agency responsible for the	5255
administration of children services pursuant to section 5153.15 of	5256
the Revised Code; the county board of mental retardation and	5257
developmental disabilities; any of the county's boards of	5258
education or governing boards of educational service centers; or	5259
the county's juvenile court. Any of the foregoing public entities,	5260
other than the board of county commissioners, may decline to serve	5261
as the council's administrative agent.	5262

A county council's administrative agent shall serve as the	5263
council's appointing authority for any employees of the council.	5264
The council shall file an annual budget with its administrative	5265
agent, with copies filed with the county auditor and with the	5266
board of county commissioners, unless the board is serving as the	5267
council's administrative agent. The council's administrative agent	5268
shall ensure that all expenditures are handled in accordance with	5269
policies, procedures, and activities prescribed by state	5270
departments in rules or interagency agreements that are applicable	5271
to the council's functions.	5272

The administrative agent of a county council shall send	5273
notice of a member's absence if a member listed in division (B)(1)	5274
of this section has been absent from either three consecutive	5275
meetings of the county council or a county council subcommittee,	5276
or from one-quarter of such meetings in a calendar year, whichever	5277
is less. The notice shall be sent to the board of county	5278
commissioners that establishes the county council and, for the	5279
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	5280
section, to the governing board overseeing the respective entity;	5281
for the member listed in division (B)(1)(f) of this section, to	5282
the county board of mental retardation and developmental	5283
disabilities that employs the superintendent; for a member listed	5284
in division (B)(1)(g) or (h) of this section, to the school board	5285
that employs the superintendent; for the member listed in division	5286
(B)(1)(i) of this section, to the mayor of the municipal	5287
corporation; for the member listed in division (B)(1)(k) of this	5288
section, to the director of youth services; and for the member	5289
listed in division (B)(1)(n), to that member's board of trustees.	5290

The administrative agent for a county council may do any of	5291
the following on behalf of the council:	5292

(i) Enter into agreements or administer contracts with public	5293
or private entities to fulfill specific council business. Such	5294
agreements and contracts are exempt from the competitive bidding	5295
requirements of section 307.86 of the Revised Code if they have	5296
been approved by the county council and they are for the purchase	5297
of family and child welfare or child protection services or other	5298
social or job and family services for families and children. The	5299
approval of the county council is not required to exempt	5300
agreements or contracts entered into under section 5139.34,	5301
5139.41, or 5139.43 of the Revised Code from the competitive	5302
bidding requirements of section 307.86 of the Revised Code.	5303

(ii) As determined by the council, provide financial	5304
stipends, reimbursements, or both, to family representatives for	5305
expenses related to council activity;	5306

(iii) Receive by gift, grant, devise, or bequest any moneys,	5307
lands, or other property for the purposes for which the council is	5308
established. The agent shall hold, apply, and dispose of the	5309
moneys, lands, or other property according to the terms of the	5310
gift, grant, devise, or bequest. Any interest or earnings shall be	5311
treated in the same manner and are subject to the same terms as	5312
the gift, grant, devise, or bequest from which it accrues.	5313

(b)(i) If the county council designates the board of county	5314
commissioners as its administrative agent, the board may, by	5315
resolution, delegate any of its powers and duties as	5316
administrative agent to an executive committee the board	5317
establishes from the membership of the county council. The board	5318
shall name to the executive committee at least the individuals	5319
described in divisions (B)(1)(b) to (h) of this section and may	5320
appoint the president of the board or another individual as the	5321
chair of the executive committee. The executive committee must	5322
include at least one family county council representative who does	5323
not have a family member employed by an agency represented on the	5324
council.	5325

(ii) The executive committee may, with the approval of the	5326
board, hire an executive director to assist the county council in	5327
administering its powers and duties. The executive director shall	5328
serve in the unclassified civil service at the pleasure of the	5329
executive committee. The executive director may, with the approval	5330
of the executive committee, hire other employees as necessary to	5331
properly conduct the county council's business.	5332

(iii) The board may require the executive committee to submit	5333
an annual budget to the board for approval and may amend or repeal	5334
the resolution that delegated to the executive committee its	5335
authority as the county council's administrative agent.	5336

(6) Two or more county councils may enter into an agreement	5337
to administer their county councils jointly by creating a regional	5338
family and children first council. A regional council possesses	5339
the same duties and authority possessed by a county council,	5340
except that the duties and authority apply regionally rather than	5341
to individual counties. Prior to entering into an agreement to	5342
create a regional council, the members of each county council to	5343
be part of the regional council shall meet to determine whether	5344
all or part of the members of each county council will serve as	5345
members of the regional council.	5346

(7) A board of county commissioners may approve a resolution	5347
by a majority vote of the board's members that requires the county	5348
council to submit a statement to the board each time the council	5349
proposes to enter into an agreement, adopt a plan, or make a	5350
decision, other than a decision pursuant to section 121.38 of the	5351
Revised Code, that requires the expenditure of funds for two or	5352
more families. The statement shall describe the proposed	5353
agreement, plan, or decision.	5354

Not later than fifteen days after the board receives the	5355
statement, it shall, by resolution approved by a majority of its	5356
members, approve or disapprove the agreement, plan, or decision.	5357
Failure of the board to pass a resolution during that time period	5358
shall be considered approval of the agreement, plan, or decision.	5359

An agreement, plan, or decision for which a statement is	5360
required to be submitted to the board shall be implemented only if	5361
it is approved by the board.	5362

(C) Each county shall develop a county service coordination	5363
mechanism. The county service coordination mechanism shall serve	5364
as the guiding document for coordination of services in the	5365
county. For children who also receive services under the help me	5366
grow program, the service coordination mechanism shall be	5367
consistent with rules adopted by the department of health under	5368
section 3701.61 of the Revised Code. All family service	5369
coordination plans shall be developed in accordance with the	5370
county service coordination mechanism. The mechanism shall be	5371
developed and approved with the participation of the county	5372
entities representing child welfare; mental retardation and	5373
developmental disabilities; alcohol, drug addiction, and mental	5374
health services; health; juvenile judges; education; the county	5375
family and children first council; and the county early	5376
intervention collaborative established pursuant to the federal	5377
early intervention program operated under the "Individuals with	5378
Disabilities Education Act of 2004." The county shall establish an	5379
implementation schedule for the mechanism. The cabinet council may	5380
monitor the implementation and administration of each county's	5381
service coordination mechanism.	5382

Each mechanism shall include all of the following:

5383

(1) A procedure for an agency, including a juvenile court, or	5384
a family voluntarily seeking service coordination, to refer the	5385
child and family to the county council for service coordination in	5386
accordance with the mechanism;	5387

(2) A procedure ensuring that a family and all appropriate	5388
staff from involved agencies, including a representative from the	5389
appropriate school district, are notified of and invited to	5390
participate in all family service coordination plan meetings;	5391

(3) A procedure that permits a family to initiate a meeting	5392
to develop or review the family's service coordination plan and	5393
allows the family to invite a family advocate, mentor, or support	5394
person of the family's choice to participate in any such meeting;	5395

(4) A procedure for ensuring that a family service	5396
coordination plan meeting is conducted for each child who receives	5397
service coordination under the mechanism and for whom an emergency	5398
out-of-home placement has been made or for whom a nonemergency	5399
out-of-home placement is being considered. The meeting shall be	5400
conducted within ten days of an emergency out-of-home placement.	5401
The meeting shall be conducted before a nonemergency out-of-home	5402
placement. The family service coordination plan shall outline how	5403
the county council members will jointly pay for services, where	5404
applicable, and provide services in the least restrictive	5405
environment.	5406

(5) A procedure for monitoring the progress and tracking the	5407
outcomes of each service coordination plan requested in the county	5408
including monitoring and tracking children in out-of-home	5409
placements to assure continued progress, appropriateness of	5410
placement, and continuity of care after discharge from placement	5411
with appropriate arrangements for housing, treatment, and	5412
education.	5413

(6) A procedure for protecting the confidentiality of all	5414
personal family information disclosed during service coordination	5415
meetings or contained in the comprehensive family service	5416
coordination plan.	5417

(7) A procedure for assessing the needs and strengths of any	5418
child or family that has been referred to the council for service	5419
coordination, including a child whose parent or custodian is	5420
voluntarily seeking services, and for ensuring that parents and	5421
custodians are afforded the opportunity to participate;	5422

(8) A procedure for development of a family service	5423
coordination plan described in division (D) of this section;	5424

(9) A local dispute resolution process to serve as the	5425
process that must be used first to resolve disputes among the	5426
agencies represented on the county council concerning the	5427
provision of services to children, including children who are	5428
abused, neglected, dependent, unruly, alleged unruly, or	5429
delinquent children and under the jurisdiction of the juvenile	5430
court and children whose parents or custodians are voluntarily	5431
seeking services. The local dispute resolution process shall	5432
comply with sections 121.38, 121.381, and 121.382 of the Revised	5433
Code. The local dispute resolution process shall be used to	5434
resolve disputes between a child's parents or custodians and the	5435
county council regarding service coordination. The county council	5436
shall inform the parents or custodians of their right to use the	5437
dispute resolution process. Parents or custodians shall use	5438
existing local agency grievance procedures to address disputes not	5439
involving service coordination. The dispute resolution process is	5440
in addition to and does not replace other rights or procedures	5441
that parents or custodians may have under other sections of the	5442
Revised Code.	5443

The cabinet council shall adopt rules in accordance with	5444
Chapter 119. of the Revised Code establishing an administrative	5445
review process to address problems that arise concerning the	5446
operation of a local dispute resolution process.	5447

Nothing in division (C)(4) of this section shall be	5448
interpreted as overriding or affecting decisions of a juvenile	5449
court regarding an out-of-home placement, long-term placement, or	5450
emergency out-of-home placement.	5451

(D) Each county shall develop a family service coordination	5452
plan that does all of the following:	5453

(1) Designates service responsibilities among the various	5454
state and local agencies that provide services to children and	5455
their families, including children who are abused, neglected,	5456
dependent, unruly, or delinquent children and under the	5457
jurisdiction of the juvenile court and children whose parents or	5458
custodians are voluntarily seeking services;	5459

(2) Designates an individual, approved by the family, to	5460
track the progress of the family service coordination plan,	5461
schedule reviews as necessary, and facilitate the family service	5462
coordination plan meeting process;	5463

(3) Ensures that assistance and services to be provided are	5464
responsive to the strengths and needs of the family, as well as	5465
the family's culture, race, and ethnic group, by allowing the	5466
family to offer information and suggestions and participate in	5467
decisions. Identified assistance and services shall be provided in	5468
the least restrictive environment possible.	5469

(4) Includes a process for dealing with a child who is	5470
alleged to be an unruly child. The process shall include methods	5471
to divert the child from the juvenile court system;	5472

(5) Includes timelines for completion of goals specified in	5473
the plan with regular reviews scheduled to monitor progress toward	5474
those goals;	5475

(6) Includes a plan for dealing with short-term crisis	5476
situations and safety concerns.	5477

(E)(1) The process provided for under division (D)(4) of this	5478
section may include, but is not limited to, the following:	5479

(a) Designation of the person or agency to conduct the	5480
assessment of the child and the child's family as described in	5481
division (C)(7) of this section and designation of the instrument	5482
or instruments to be used to conduct the assessment;	5483

(b) An emphasis on the personal responsibilities of the child	5484
and the parental responsibilities of the parents, guardian, or	5485
custodian of the child;	5486

(c) Involvement of local law enforcement agencies and	5487
officials.	5488

(2) The method to divert a child from the juvenile court	5489
system that must be included in the service coordination process	5490
may include, but is not limited to, the following:	5491

(a) The preparation of a complaint under section 2151.27 of	5492
the Revised Code alleging that the child is an unruly child and	5493
notifying the child and the parents, guardian, or custodian that	5494
the complaint has been prepared to encourage the child and the	5495
parents, guardian, or custodian to comply with other methods to	5496
divert the child from the juvenile court system;	5497

(b) Conducting a meeting with the child, the parents,	5498
guardian, or custodian, and other interested parties to determine	5499
the appropriate methods to divert the child from the juvenile	5500
court system;	5501

(c) A method to provide to the child and the child's family a	5502
short-term respite from a short-term crisis situation involving a	5503
confrontation between the child and the parents, guardian, or	5504
custodian;	5505

(d) A program to provide a mentor to the child or the	5506
parents, guardian, or custodian;	5507

(e) A program to provide parenting education to the parents,	5508
guardian, or custodian;	5509

(f) An alternative school program for children who are truant	5510
from school, repeatedly disruptive in school, or suspended or	5511
expelled from school;	5512

(g) Other appropriate measures, including, but not limited	5513
to, any alternative methods to divert a child from the juvenile	5514
court system that are identified by the Ohio family and children	5515
first cabinet council.	5516

(F) Each county may review and revise the service	5517
coordination process described in division (D) of this section	5518
based on the availability of funds under Title IV-A of the "Social	5519
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	5520
or to the extent resources are available from any other federal,	5521
state, or local funds.	5522

Sec. 121.375. (A) As used in this section:

5523

"At-risk individual" means an individual at great risk of not	5524
being able to access available health and social services due to	5525
barriers such as poverty, inadequate transportation, culture, and	5526
priorities of basic survival.	5527

"Care coordination agency" means a person or government	5528
entity that assists at-risk individuals access available health	5529
and social services the at-risk individuals need.	5530

(B) A care coordination agency may provide the following	5531
information to the Ohio family and children first cabinet	5532
council:	5533

(1) The types of individuals the agency identifies as being	5534
at-risk individuals;	5535

(2) The total per-individual cost to the agency for care	5536
coordination services provided to at-risk individuals;	5537

(3) The administrative cost per individual for care	5538
coordination services provided to at-risk individuals;	5539

(4) The specific work products the agency purchased to	5540
provide care coordination services to at-risk individuals;	5541

(5) The strategies the agency uses to help at-risk	5542
individuals access available health and social services;	5543

(6) The agency's success in helping at-risk individuals	5544
access available health and social services;	5545

(7) The mechanisms the agency uses to identify and eliminate	5546
duplicate care coordination services.	5547

(C) The Ohio family and children first cabinet council may	5548
do either or both of the following:	5549

(1) Give incentives to encourage care coordination agencies	5550
to provide information to the council under this section;	5551

(2) Use the information provided to it under this section to	5552
help improve care coordination for at-risk individuals throughout	5553
the state.	5554

Sec. 121.40. (A) There is hereby created the Ohio community	5555
service council consisting of twenty-one voting members including	5556
the superintendent of public instruction or the superintendent's	5557
designee, the chancellor of the Ohio board of regents or the	5558
chancellor's designee, the director of youth services or the	5559
director's designee, the director of aging or the director's	5560
designee, the chairperson of the committee of the house of	5561
representatives dealing with education or the chairperson's	5562
designee, the chairperson of the committee of the senate dealing	5563
with education or the chairperson's designee, and fifteen members	5564
who shall be appointed by the governor with the advice and	5565
consent of the senate and who shall serve terms of office of three	5566
years. The appointees shall include educators, including teachers	5567
and administrators; representatives of youth organizations;	5568
students and parents; representatives of organizations engaged in	5569
volunteer program development and management throughout the state,	5570
including youth and conservation programs; and representatives of	5571
business, government, nonprofit organizations, social service	5572
agencies, veterans organizations, religious organizations, or	5573
philanthropies that support or encourage volunteerism within the	5574
state. The director of the governor's office of faith-based and	5575
community initiatives shall serve as a nonvoting ex officio member	5576
of the council. Members of the council shall receive no	5577
compensation, but shall be reimbursed for actual and necessary	5578
expenses incurred in the performance of their official duties.	5579

(B) The council shall appoint an executive director for the	5580
council, who shall be in the unclassified civil service. The	5581
governor shall be informed of the appointment of an executive	5582
director before such an appointment is made. executive director	5583
shall supervise the council's activities and report to the council	5584
on the progress of those activities. The executive director shall	5585
do all things necessary for the efficient and effective	5586
implementation of the duties of the council.	5587

The responsibilities assigned to the executive director do	5588
not relieve the members of the council from final responsibility	5589
for the proper performance of the requirements of this section.	5590

(C) The council or its designee shall do all of the	5591
following:	5592

(1) Employ, promote, supervise, and remove all employees as	5593
needed in connection with the performance of its duties under this	5594
section and may assign duties to those employees as necessary to	5595
achieve the most efficient performance of its functions, and to	5596
that end may establish, change, or abolish positions, and assign	5597
and reassign duties and responsibilities of any employee of the	5598
council. Personnel employed by the council who are subject to	5599
Chapter 4117. of the Revised Code shall retain all of their rights	5600
and benefits conferred pursuant to that chapter. Nothing in this	5601
chapter shall be construed as eliminating or interfering with	5602
Chapter 4117. of the Revised Code or the rights and benefits	5603
conferred under that chapter to public employees or to any	5604
bargaining unit.	5605

(2) Maintain its office in Columbus, and may hold sessions at	5606
any place within the state;	5607

(3) Acquire facilities, equipment, and supplies necessary to	5608
house the council, its employees, and files and records under its	5609
control, and to discharge any duty imposed upon it by law. The	5610
expense of these acquisitions shall be audited and paid for in the	5611
same manner as other state expenses. For that purpose, the council	5612
shall prepare and submit to the office of budget and management a	5613
budget for each biennium according to sections 101.532 and 107.03	5614
of the Revised Code. The budget submitted shall cover the costs of	5615
the council and its staff in the discharge of any duty imposed	5616
upon the council by law. The council shall not delegate any	5617
authority to obligate funds.	5618

(4) Pay its own payroll and other operating expenses from	5619
line items designated by the general assembly;	5620

(5) Retain its fiduciary responsibility as appointing	5621
authority. Any transaction instructions shall be certified by the	5622
appointing authority or its designee.	5623

(6) Establish the overall policy and management of the	5624
council in accordance with this chapter;	5625

(7) Assist in coordinating and preparing the state	5626
application for funds under sections 101 to 184 of the "National	5627
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	5628
U.S.C.A. 12411 to 12544, as amended, assist in administering and	5629
overseeing the "National and Community Service Trust Act of 1993,"	5630
P.L. 103-82, 107 Stat. 785, and the americorps program in this	5631
state, and assist in developing objectives for a comprehensive	5632
strategy to encourage and expand community service programs	5633
throughout the state;	5634

(8) Assist the state board of education, school districts,	5635
the chancellor of the board of regents, and institutions of higher	5636
education in coordinating community service education programs	5637
through cooperative efforts between institutions and organizations	5638
in the public and private sectors;	5639

(9) Assist the departments of natural resources, youth	5640
services, aging, and job and family services in coordinating	5641
community service programs through cooperative efforts between	5642
institutions and organizations in the public and private sectors;	5643

(10) Suggest individuals and organizations that are available	5644
to assist school districts, institutions of higher education, and	5645
the departments of natural resources, youth services, aging, and	5646
job and family services in the establishment of community service	5647
programs and assist in investigating sources of funding for	5648
implementing these programs;	5649

(11) Assist in evaluating the state's efforts in providing	5650
community service programs using standards and methods that are	5651
consistent with any statewide objectives for these programs and	5652
provide information to the state board of education, school	5653
districts, the chancellor of the board of regents, institutions of	5654
higher education, and the departments of natural resources, youth	5655
services, aging, and job and family services to guide them in	5656
making decisions about these programs;	5657

(12) Assist the state board of education in complying with	5658
section 3301.70 of the Revised Code and the chancellor of the	5659
board of regents in complying with division (B)(2) of section	5660
3333.043 of the Revised Code;	5661

(13) Advise, assist, consult with, and cooperate with, by	5662
contract or otherwise, agencies and political subdivisions of this	5663
state in establishing a statewide system for volunteers pursuant	5664
to section 121.404 of the Revised Code.	5665

(D) The ~~department of aging~~council shall in writing enter	5666
into an agreement with another state agency to serve as the	5667
council's fiscal agent. ~~Beginning on July 1, 1997, whenever~~	5668
~~reference is made in any law, contract, or document to the~~	5669
~~functions of the department of youth services as fiscal agent to~~	5670
~~the council, the reference shall be deemed to refer to the~~	5671
~~department of aging. The department of aging shall have no~~	5672
~~responsibility for or obligation to the council prior to July 1,~~	5673
~~1997. Any validation, cure, right, privilege, remedy, obligation,~~	5674
~~or liability shall be retained by the council.~~	5675

~~As used in this section, "fiscal agent" means technical~~	5676
~~support and includes the following technical support services:~~	5677
Before entering into such an agreement, the council shall inform	5678
the governor of the terms of the agreement and of the state agency	5679
designated to serve as the council's fiscal agent. The fiscal	5680
agent shall be responsible for all the council's fiscal matters	5681
and financial transactions, as specified in the agreement.	5682
Services to be provided by the fiscal agent include, but are not	5683
limited to, the following:	5684

(1) Preparing and processing payroll and other personnel	5685
documents that the council executes as the appointing authority.;	5686
~~The department of aging shall not approve any payroll or other~~	5687
~~personnel-related documents.~~	5688

(2) Maintaining ledgers of accounts and reports of account	5689
balances, and monitoring budgets and allotment plans in	5690
consultation with the council.; and~~The department shall not~~	5691
~~approve any biennial budget, grant, expenditure, audit, or~~	5692
~~fiscal-related document.~~	5693

(3) Performing other routine support services that the	5694
~~director of aging or the director's designee and the council or~~	5695
~~its designee consider~~fiscal agent considers appropriate to	5696
achieve efficiency.	5697

(E)(1) The council ~~or its designee~~, in conjunction and	5698
consultation with the fiscal agent, has the following authority	5699
and responsibility relative to fiscal matters:	5700

(a) Sole authority to draw funds for any and all federal	5701
programs in which the council is authorized to participate;	5702

(b) Sole authority to expend funds from their accounts for	5703
programs and any other necessary expenses the council may incur	5704
and its subgrantees may incur; and	5705

(c) Responsibility to cooperate with and inform the	5706
~~department of aging as~~ fiscal agent ~~to ensure that the department~~	5707
is fully ~~apprised~~ of all financial transactions.	5708

(2) The council shall follow all state procurement, fiscal,	5709
human resources, statutory, and administrative rule requirements.	5710

(3) The ~~department of aging~~fiscal agent shall determine fees	5711
to be charged to the council, which shall be in proportion to the	5712
services performed for the council.	5713

(4) The council shall pay fees owed to the ~~department of~~	5714
~~aging~~fiscal agent from a general revenue fund of the council or	5715
from any other fund from which the operating expenses of the	5716
council are paid. Any amounts set aside for a fiscal year for the	5717
payment of these fees shall be used only for the services	5718
performed for the council by the ~~department of aging~~fiscal agent	5719
in that fiscal year.	5720

(F) The council may accept and administer grants from any	5721
source, public or private, to carry out any of the council's	5722
functions this section establishes.	5723

Sec. 121.401. (A) As used in this section and section	5724
121.402 of the Revised Code, "organization or entity" and	5725
"unsupervised access to a child" have the same meanings as in	5726
section 109.574 of the Revised Code.	5727

(B) The ~~governor's~~Ohio community service council shall adopt	5728
a set of "recommended best practices" for organizations or	5729
entities to follow when one or more volunteers of the organization	5730
or entity have unsupervised access to one or more children or	5731
otherwise interact with one or more children. The "recommended	5732
best practices" shall focus on, but shall not be limited to, the	5733
issue of the safety of the children and, in addition, the	5734
screening and supervision of volunteers. The "recommended best	5735
practices" shall include as a recommended best practice that the	5736
organization or entity subject to a criminal records check	5737
performed by the bureau of criminal identification and	5738
investigation pursuant to section 109.57, section 109.572, or	5739
rules adopted under division (E) of section 109.57 of the Revised	5740
Code, all of the following:	5741

(1) All persons who apply to serve as a volunteer in a	5742
position in which the person will have unsupervised access to a	5743
child on a regular basis.	5744

(2) All volunteers who are in a position in which the person	5745
will have unsupervised access to a child on a regular basis and	5746
who the organization or entity has not previously subjected to a	5747
criminal records check performed by the bureau of criminal	5748
identification and investigation.	5749

(C) The set of "recommended best practices" required to be	5750
adopted by this section are in addition to the educational program	5751
required to be adopted under section 121.402 of the Revised Code.	5752

Sec. 121.402. (A) The ~~governor's~~Ohio community service	5753
council shall establish and maintain an educational program that	5754
does all of the following:	5755

(1) Makes available to parents and guardians of children	5756
notice about the provisions of sections 109.574 to 109.577,	5757
section 121.401, and section 121.402 of the Revised Code and	5758
information about how to keep children safe when they are under	5759
the care, custody, or control of a person other than the parent or	5760
guardian;	5761

(2) Makes available to organizations and entities information	5762
regarding the best methods of screening and supervising	5763
volunteers, how to obtain a criminal records check of a volunteer,	5764
confidentiality issues relating to reports of criminal records	5765
checks, and record keeping regarding the reports;	5766

(3) Makes available to volunteers information regarding the	5767
possibility of being subjected to a criminal records check and	5768
displaying appropriate behavior to minors;	5769

(4) Makes available to children advice on personal safety and	5770
information on what action to take if someone takes inappropriate	5771
action towards a child.	5772

(B) The program shall begin making the materials described in	5773
this section available not later than ~~one year after the effective~~	5774
~~date of this section~~March 22, 2002.	5775

Sec. 122.011. (A) The department of development shall	5776
develop and promote plans and programs designed to assure that	5777
state resources are efficiently used, economic growth is properly	5778
balanced, community growth is developed in an orderly manner, and	5779
local governments are coordinated with each other and the state,	5780
and for such purposes may do all of the following:	5781

(1) Serve as a clearinghouse for information, data, and other	5782
materials that may be helpful or necessary to persons or local	5783
governments, as provided in section 122.07 of the Revised Code;	5784

(2) Prepare and activate plans for the retention,	5785
development, expansion, and use of the resources and commerce of	5786
the state, as provided in section 122.04 of the Revised Code;	5787

(3) Assist and cooperate with federal, state, and local	5788
governments and agencies of federal, state, and local governments	5789
in the coordination of programs to carry out the functions and	5790
duties of the department;	5791

(4) Encourage and foster research and development activities,	5792
conduct studies related to the solution of community problems, and	5793
develop recommendations for administrative or legislative actions,	5794
as provided in section 122.03 of the Revised Code;	5795

(5) Serve as the economic and community development planning	5796
agency, which shall prepare and recommend plans and programs for	5797
the orderly growth and development of this state and which shall	5798
provide planning assistance, as provided in section 122.06 of the	5799
Revised Code;	5800

(6) Cooperate with and provide technical assistance to state	5801
departments, political subdivisions, regional and local planning	5802
commissions, tourist associations, councils of government,	5803
community development groups, community action agencies, and other	5804
appropriate organizations for carrying out the functions and	5805
duties of the department or for the solution of community	5806
problems;	5807

(7) Coordinate the activities of state agencies that have an	5808
impact on carrying out the functions and duties of the department;	5809

(8) Encourage and assist the efforts of and cooperate with	5810
local governments to develop mutual and cooperative solutions to	5811
their common problems that relate to carrying out the purposes of	5812
this section;	5813

(9) Study existing structure, operations, and financing of	5814
regional or local government and those state activities that	5815
involve significant relations with regional or local governmental	5816
units, recommend to the governor and to the general assembly such	5817
changes in these provisions and activities as will improve the	5818
operations of regional or local government, and conduct other	5819
studies of legal provisions that affect problems related to	5820
carrying out the purposes of this section;	5821

(10) Create and operate a division of community development	5822
to develop and administer programs and activities that are	5823
authorized by federal statute or the Revised Code;	5824

(11) Until October 15, 2007, establish fees and charges, in	5825
consultation with the director of agriculture, for purchasing	5826
loans from financial institutions and providing loan guarantees	5827
under the family farm loan program created under sections 901.80	5828
to 901.83 of the Revised Code;	5829

(12) Provide loan servicing for the loans purchased and loan	5830
guarantees provided under section 901.80 of the Revised Code as	5831
that section existed prior to October 15, 2007;	5832

(13) Until October 15, 2007, and upon approval by the	5833
controlling board under division (A)(3) of section 901.82 of the	5834
Revised Code of the release of money to be used for purchasing a	5835
loan or providing a loan guarantee, request the release of that	5836
money in accordance with division (B) of section 166.03 of the	5837
Revised Code for use for the purposes of the fund created by	5838
section 166.031 of the Revised Code.	5839

(14) Allocate that portion of the national recovery zone	5840
economic development bond limitation and that portion of the	5841
national recovery zone facility bond limitation that has been	5842
allocated to the state under section 1400U-1 of the Internal	5843
Revenue Code, 26 U.S.C. 1400U-1. If any county or municipal	5844
corporation waives any portion of an allocation it receives under	5845
division (A)(14) of this section, the department may reallocate	5846
that amount. Any allocation or reallocation shall be made in	5847
accordance with this section and section 1400U-1 of the Internal	5848
Revenue Code.	5849

(B) The director of development may request the attorney	5850
general to, and the attorney general, in accordance with section	5851
109.02 of the Revised Code, shall bring a civil action in any	5852
court of competent jurisdiction. The director may be sued in the	5853
director's official capacity, in connection with this chapter, in	5854
accordance with Chapter 2743. of the Revised Code.	5855

Sec. 122.042. The director of development may found an	5856
employment opportunity program that encourages employers to employ	5857
individuals who are members of significantly disadvantaged groups.	5858
If the director intends to found such an employment opportunity	5859
program, the director shall adopt, and thereafter may amend or	5860
rescind, rules under Chapter 119. of the Revised Code to found,	5861
and to operate, maintain, and improve, the program. In the rules,	5862
the director shall:	5863

(A) Construct, and, as changing circumstances indicate,	5864
re-construct, procedures according to which significantly	5865
disadvantaged groups are identified as such, an individual is	5866
identified as being a member of a significantly disadvantaged	5867
group, and an employer is identified as being a potential employer	5868
of an individual who is a member of a significantly disadvantaged	5869
group;	5870

(B) Describe, and, as experience indicates, re-describe, the	5871
kinds of evidence that shall be considered to identify	5872
significantly disadvantaged groups, the kinds of evidence an	5873
individual shall offer to prove that the individual is a member of	5874
a significantly disadvantaged group, and the kinds of evidence an	5875
employer shall offer to prove that the employer is a potential	5876
employer of an individual who is a member of a significantly	5877
disadvantaged group;	5878

(C) Specify, and, as experience indicates, re-specify,	5879
strategies and tactics for connecting individuals who are members	5880
of significantly disadvantaged groups with potential employers of	5881
members of significantly disadvantaged groups; and	5882

(D) Construct, describe, specify, define, and prescribe any	5883
other thing that is necessary and proper for the founding, and for	5884
the successful and efficient operation, maintenance, and	5885
improvement, of the employment opportunity program.	5886

In founding, and in operating, maintaining, and improving,	5887
the employment opportunity program under the rules, the director	5888
shall proceed so that the resulting program functions as a	5889
coherent, efficient system for improving employment opportunities	5890
for significantly disadvantaged groups. Examples of significantly	5891
disadvantaged groups include individuals who have not graduated	5892
from high school, individuals who have been convicted of a crime,	5893
individuals who are disabled, and individuals who are chronically	5894
unemployed (usually for more than eighteen months).	5895

Sec. 122.05. (A) The director of development may, to carry	5896
out the purposes of division (E) of section 122.04 of the Revised	5897
Code:	5898

(1) Establish offices in foreign countries as the director	5899
considers appropriate and enter into leases of real property,	5900
buildings, and office space that are appropriate for these	5901
offices;	5902

(2) Appoint personnel, who shall be in the unclassified civil	5903
services, necessary to operate such offices and fix their	5904
compensation. The director may enter into contracts with foreign	5905
nationals to staff the foreign offices established under this	5906
section.	5907

(3) The director may establish United States dollar and	5908
foreign currency accounts for the payment of expenses related to	5909
the operation and maintenance of the offices established under	5910
this section. The director shall establish procedures acceptable	5911
to the director of budget and management for the conversion,	5912
transfer, and control of United States dollars and foreign	5913
currency.	5914

(4) Provide export promotion assistance to Ohio businesses	5915
and organize or support missions to foreign countries to promote	5916
export of Ohio products and services and to encourage foreign	5917
direct investment in Ohio. The director may charge fees to	5918
businesses receiving export assistance and to participants in	5919
foreign missions sufficient to recover the direct costs of those	5920
activities. The director shall adopt, as an internal management	5921
rule under section 111.15 of the Revised Code, a procedure for	5922
setting the fees and a schedule of fees for services commonly	5923
provided by the department. The procedure shall require the	5924
director to annually review the established fees.	5925

(5) Do all things necessary and appropriate for the operation	5926
of the state's foreign offices.	5927

(B) All contracts entered into under division (A)(2) of this	5928
section and any payments of expenses under division (A)(3) of this	5929
section related to the operation and maintenance of foreign	5930
offices established under this section may be paid in the	5931
appropriate foreign currency and are exempt from sections 127.16	5932
and 5147.07 and Chapters 124., 125., and 153. of the Revised Code.	5933

Sec. 122.051. There is hereby created in the state treasury	5934
the international trade cooperative projects fund. The fund shall	5935
consist of ~~moneys~~all of the following:	5936

(A) Moneys received from private and nonprofit organizations	5937
involved in cooperative agreements related to import/export and	5938
direct foreign investment activities ~~and cash~~;	5939

(B) Cash transfers from other state agencies or any state or	5940
local government to encourage, promote, and assist trade and	5941
commerce between this state and foreign nations, pursuant to	5942
section 122.05 and division (E) of section 122.04 of the Revised	5943
Code; and	5944

(C) Fees charged to businesses receiving export assistance	5945
and to participants in foreign missions to recover direct costs of	5946
those activities under division (A)(4) of section 122.05 of the	5947
Revised Code.	5948

Sec. 122.075. (A) As used in this section:

5949

(1) "Alternative fuel" means blended biodiesel or, blended	5950
gasoline, or compressed air used in air-compression driven	5951
engines.	5952

(2) "Biodiesel" means a mono-alkyl ester combustible liquid	5953
fuel that is derived from vegetable oils or animal fats, or any	5954
combination of those reagents, and that meets American society for	5955
testing and materials specification D6751-03a for biodiesel fuel	5956
(B100) blend stock distillate fuels.	5957

(3) "Diesel fuel" and "gasoline" have the same meanings as in	5958
section 5735.01 of the Revised Code.	5959

(4) "Ethanol" has the same meaning as in section 5733.46 of	5960
the Revised Code.	5961

(5) "Blended biodiesel" means diesel fuel containing at least	5962
twenty per cent biodiesel by volume.	5963

(6) "Blended gasoline" means gasoline containing at least	5964
eighty-five per cent ethanol by volume.	5965

(7) "Incremental cost" means either of the following:

5966

(a) The difference in cost between blended gasoline and	5967
gasoline containing ten per cent or less ethanol at the time that	5968
the blended gasoline is purchased;	5969

(b) The difference in cost between blended biodiesel and	5970
diesel fuel containing two per cent or less biodiesel at the time	5971
that the blended biodiesel is purchased.	5972

(B) For the purpose of improving the air quality in this	5973
state, the director of development shall establish an alternative	5974
fuel transportation grant program under which the director may	5975
make grants to businesses, nonprofit organizations, public school	5976
systems, or local governments for the purchase and installation of	5977
alternative fuel refueling or distribution facilities and	5978
terminals, for the purchase and use of alternative fuel, and to	5979
pay the costs of educational and promotional materials and	5980
activities intended for prospective alternative fuel consumers,	5981
fuel marketers, and others in order to increase the availability	5982
and use of alternative fuel.	5983

(C) The director, in consultation with the director of	5984
agriculture, shall adopt rules in accordance with Chapter 119. of	5985
the Revised Code that are necessary for the administration of the	5986
alternative fuel transportation grant program. The rules shall	5987
establish at least all of the following:	5988

(1) An application form and procedures governing the	5989
application process for a grant under the program;	5990

(2) A procedure for prioritizing the award of grants under	5991
the program. The procedures shall give preference to all of the	5992
following:	5993

(a) Publicly accessible refueling facilities;

5994

(b) Entities seeking grants that have secured funding from	5995
other sources, including, but not limited to, private or federal	5996
grants;	5997

(c) Entities that have presented compelling evidence of	5998
demand in the market in which the facilities or terminals will be	5999
located;	6000

(d) Entities that have committed to utilizing purchased or	6001
installed facilities or terminals for the greatest number of	6002
years;	6003

(e) Entities that will be purchasing or installing facilities	6004
or terminals for both blended biodiesel and blended gasoline.	6005

(3) A requirement that the maximum grant for the purchase and	6006
installation of an alternative fuel refueling or distribution	6007
facility or terminal be eighty per cent of the cost of the	6008
facility or terminal, except that at least twenty per cent of the	6009
total net cost of the facility or terminal shall be incurred by	6010
the grant recipient and not compensated for by any other source;	6011

(4) A requirement that the maximum grant for the purchase of	6012
alternative fuel be eighty per cent of the incremental cost of the	6013
fuel;	6014

(5) Any other criteria, procedures, or guidelines that the	6015
director determines are necessary to administer the program.	6016

(D) An applicant for a grant under this section that sells	6017
motor vehicle fuel at retail shall agree that if the applicant	6018
receives a grant, the applicant will report to the director the	6019
gallon amounts of blended gasoline and blended biodiesel the	6020
applicant sells at retail in this state for a period of three	6021
years after the grant is awarded.	6022

The director shall enter into a written confidentiality	6023
agreement with the applicant regarding the gallon amounts sold as	6024
described in this division, and upon execution of the agreement	6025
this information is not a public record.	6026

(E) There is hereby created in the state treasury the	6027
alternative fuel transportation grant fund. The fund shall consist	6028
of money transferred to the fund under division (C) of section	6029
125.836 of the Revised Code, money that is appropriated to it by	6030
the general assembly, and money as may be specified by the general	6031
assembly from the advanced energy fund created by section 4928.61	6032
of the Revised Code. Money in the fund shall be used to make	6033
grants under the alternative fuel transportation grant program and	6034
by the director in the administration of that program.	6035

Sec. 122.12. As used in this section and in section 122.121	6036
of the Revised Code:	6037

(A) "Endorsing county" means a county that contains a site	6038
selected by a site selection organization for one or more games.	6039

(B) "Endorsing municipality" means a municipal corporation	6040
that contains a site selected by a site selection organization for	6041
one or more games.	6042

(C) "Game support contract" means a joinder undertaking,	6043
joinder agreement, or similar contract executed by an endorsing	6044
municipality or endorsing county and a site selection	6045
organization.	6046

(D) "Game" means a national football league "super bowl," a	6047
national collegiate athletic association championship game, the	6048
national basketball association all-star game, the national	6049
hockey league all-star game, the major league baseball all-star	6050
game, a national collegiate athletic association bowl	6051
championship series game, a world cup soccer game, the nation	6052
senior games, or the olympic games.	6053

(E) "Joinder agreement" means an agreement entered into by an	6054
endorsing municipality or endorsing county, or more than one	6055
endorsing municipality or county acting collectively and a site	6056
selection organization setting out representations and assurances	6057
by each endorsing municipality or endorsing county in connection	6058
with the selection of a site in this state for the location of a	6059
game.	6060

(F) "Joinder undertaking" means an agreement entered into by	6061
an endorsing municipality or endorsing county, or more than one	6062
endorsing municipality or county acting collectively and a site	6063
selection organization that each endorsing municipality or	6064
endorsing county will execute a joinder agreement in the event	6065
that the site selection organization selects a site in this state	6066
for a game.	6067

(G) "Local organizing committee" means a nonprofit	6068
corporation or its successor in interest that:	6069

(1) Has been authorized by an endorsing municipality,	6070
endorsing county, or more than one endorsing municipality or	6071
county acting collectively to pursue an application and bid on the	6072
applicant's behalf to a site selection organization for selection	6073
as the site of one or more games; or	6074

(2) With the authorization of an endorsing municipality,	6075
endorsing county, or more than one endorsing municipality or	6076
county acting collectively, has executed an agreement with a site	6077
selection organization regarding a bid to host one or more games.	6078

(H) "Site selection organization" means the national football	6079
league, the national collegiate athletic association, the national	6080
basketball association, the national hockey league, major league	6081
baseball, the federation internationale de football association,	6082
the international world games association, the United States	6083
olympic committee, the national senior games association, or the	6084
national governing body of a sport that is recognized as such by	6085
the United States olympic committee.	6086

Sec. 122.121. (A) If an endorsing municipality or endorsing	6087
county enters into a joinder undertaking with a site selection	6088
organization, the endorsing municipality or endorsing county may	6089
apply to the director of development, on a form and in the manner	6090
prescribed by the director, for a grant based on the projected	6091
incremental increase in the receipts from the tax imposed under	6092
section 5739.02 of the Revised Code within the market area	6093
designated under division (C) of this section, for the two-week	6094
period that ends at the end of the day after the date on which a	6095
game will be held, that is directly attributable, as determined by	6096
the director, to the preparation for and presentation of the	6097
game. The director shall determine the projected incremental	6098
increase in the tax imposed under section 5739.02 of the Revised	6099
Code from information certified to the director by the endorsing	6100
municipality or the endorsing county including, but not limited	6101
to, historical attendance and ticket sales for the game, income	6102
statements showing revenue and expenditures for the game in prior	6103
years, attendance capacity at the proposed venues, event budget at	6104
the proposed venues, and projected lodging room nights based on	6105
historical attendance, attendance capacity at the proposed venues,	6106
and duration of the game and related activities. The endorsing	6107
municipality or endorsing county is eligible to receive a grant	6108
under this section only if the projected incremental increase in	6109
receipts from the tax imposed under section 5739.02 of the Revised	6110
Code, as determined by the director, exceeds two hundred fifty	6111
thousand dollars. The amount of the grant shall be determined by	6112
the director but shall not exceed five hundred thousand dollars.	6113
The director shall not issue grants with a total value of more	6114
than one million dollars in any fiscal year, and shall not issue	6115
any grant before July 1, 2011.	6116

(B) If the director of development approves an application	6117
for an endorsing municipality or endorsing county and that	6118
endorsing municipality or endorsing county enters into a joinder	6119
agreement with a site selection organization, the endorsing	6120
municipality or endorsing county shall file a copy of the joinder	6121
agreement with the director of development, who immediately shall	6122
notify the director of budget and management of the filing.	6123
Within thirty days after receiving the notice, the director of	6124
budget and management shall establish a schedule to disburse from	6125
the general revenue fund to such endorsing municipality or	6126
endorsing county payments that total the amount certified by the	6127
director of development under division (A) of this section, but	6128
in no event shall the total amount disbursed exceed five hundred	6129
thousand dollars, and no disbursement shall be made before July 1,	6130
2011. The payments shall be used exclusively by the endorsing	6131
municipality or endorsing county to fulfill a portion of its	6132
obligations to a site selection organization under game support	6133
contracts, which obligations may include the payment of costs	6134
relating to the preparations necessary for the conduct of the	6135
game, including acquiring, renovating, or constructing	6136
facilities; to pay the costs of conducting the game; and to	6137
assist the local organizing committee, endorsing municipality,	6138
or endorsing county in providing assurances required by a site	6139
selection organization sponsoring one or more games.	6140

(C) For the purposes of division (A) of this section, the	6141
director of development, in consultation with the tax	6142
commissioner, shall designate as a market area for a game each	6143
area in which they determine there is a reasonable likelihood of	6144
measurable economic impact directly attributable to the	6145
preparation for and presentation of the game and related events,	6146
including areas likely to provide venues, accommodations, and	6147
services in connection with the game based on the information and	6148
the copy of the joinder undertaking provided to the director	6149
under divisions (A) and (B) of this section. The director and	6150
commissioner shall determine the geographic boundaries of each	6151
market area. An endorsing municipality or endorsing county that	6152
has been selected as the site for a game must be included in a	6153
market area for the game.	6154

(D) A local organizing committee, endorsing municipality, or	6155
endorsing county shall provide information required by the	6156
director of development and tax commissioner to enable the	6157
director and commissioner to fulfill their duties under this	6158
section, including annual audited statements of any financial	6159
records required by a site selection organization and data	6160
obtained by the local organizing committee, endorsing	6161
municipality, or endorsing county relating to attendance at a game	6162
and to the economic impact of the game. A local organizing	6163
committee, an endorsing municipality, or an endorsing county shall	6164
provide an annual audited financial statement if so required by	6165
the director and commissioner, not later than the end of the	6166
fourth month after the date the period covered by the financial	6167
statement ends.	6168

(E) Within sixty days after the game, the endorsing	6169
municipality or the endorsing county shall report to the director	6170
of development about the economic impact of the game. The report	6171
shall be in the form and substance required by the director,	6172
including, but not limited to, a final income statement for the	6173
event showing total revenue and expenditures and revenue and	6174
expenditures in the market area for the game, and ticket sales for	6175
the game and any related activities for which admission was	6176
charged. The director of development shall determine, based on the	6177
reported information and the exercise of reasonable judgment, the	6178
incremental increase in receipts from the tax imposed under	6179
section 5739.02 of the Revised Code directly attributable to the	6180
game. If the actual incremental increase in such receipts is less	6181
than the projected incremental increase in receipts, the director	6182
may require the endorsing municipality or the endorsing county to	6183
refund to the state all or a portion of the grant.	6184

(F) No disbursement may be made under this section if the	6185
director of development determines that it would be used for the	6186
purpose of soliciting the relocation of a professional sports	6187
franchise located in this state.	6188

(G) This section may not be construed as creating or	6189
requiring a state guarantee of obligations imposed on an endorsing	6190
municipality or endorsing county under a game support contract or	6191
any other agreement relating to hosting one or more games in this	6192
state.	6193

Sec. 122.151. (A) An investor who proposes to make an	6194
investment of money in an Ohio entity may apply to an Edison	6195
center for a tax credit under this section. The Edison center	6196
shall prescribe the form of the application and any information	6197
that the investor must submit with the application. The investor	6198
shall include with the application a fee of two hundred dollars.	6199
The center, within three weeks after receiving the application,	6200
shall review it, determine whether the investor should be	6201
recommended for the tax credit, and send written notice of its	6202
initial determination to the industrial technology and enterprise	6203
advisory council and to the investor. If the center determines the	6204
investor should not be recommended for the tax credit, it shall	6205
include in the notice the reasons for the determination. Subject	6206
to divisions (C) and (D) of this section, an investor is eligible	6207
for a tax credit if all of the following requirements are met:	6208

(1) The investor's investment of money is in an Ohio entity	6209
engaged in a qualified trade or business.	6210

(2) The Ohio entity had less than two million five hundred	6211
thousand dollars of gross revenue during its most recently	6212
completed fiscal year or had a net book value of less than two	6213
million five hundred thousand dollars at the end of that fiscal	6214
year.	6215

(3) The investment takes the form of the purchase of common	6216
or preferred stock, a membership interest, a partnership interest,	6217
or any other ownership interest.	6218

(4) The amount of the investment for which the credit is	6219
being claimed does not exceed three hundred thousand dollars in	6220
the case of an investment in an EDGE business enterprise or in an	6221
Ohio entity located in a distressed area, or two hundred fifty	6222
thousand dollars in the case of an investment in any other Ohio	6223
entity.	6224

(5) The money invested is entirely at risk of loss, where	6225
repayment depends upon the success of the business operations of	6226
the Ohio entity.	6227

(6) No repayment of principal invested will be made for at	6228
least three years from the date the investment is made.	6229

(7) The annual combined amount of any dividend and interest	6230
payments to be made to the investor will not exceed ten per cent	6231
of the amount of the investment for at least three years from the	6232
date the investment is made.	6233

(8) The investor is not an employee with proprietary	6234
decision-making authority of the Ohio entity in which the	6235
investment of money is proposed, or related to such an individual.	6236
The Ohio entity is not an individual related to the investor. For	6237
purposes of this division, the industrial technology and	6238
enterprise advisory council shall define "an employee with	6239
proprietary decision-making authority."	6240

(9) The investor is not an insider.

6241

For the purposes of determining the net book value of an Ohio	6242
entity under division (A)(1) or (2) of this section, if the entity	6243
is a member of an affiliated group, the combined net book values	6244
of all of the members of that affiliated group shall be used.	6245

Nothing in division (A)(6) or (7) of this section limits or	6246
disallows the distribution to an investor in a pass-through entity	6247
of a portion of the entity's profits equal to the investor's	6248
federal, state, and local income tax obligations attributable to	6249
the investor's allocable share of the entity's profits. Nothing in	6250
division (A)(6) or (7) of this section limits or disallows the	6251
sale by an investor of part or all of the investor's interests in	6252
an Ohio entity by way of a public offering of shares in the Ohio	6253
entity.	6254

(B) A group of two but not more than twenty investors, each	6255
of whom proposes to make an investment of money in the same Ohio	6256
entity, may submit an application for tax credits under division	6257
(A) of this section. The group shall include with the application	6258
a fee of eight hundred dollars. The application shall identify	6259
each investor in the group and the amount of money each investor	6260
proposes to invest in the Ohio entity, and shall name a contact	6261
person for the group. The Edison center, within three weeks after	6262
receiving the application, shall review it, determine whether each	6263
investor of the group should be recommended for a tax credit under	6264
the conditions set forth in division (A) of this section, and send	6265
written notice of its determination to the industrial technology	6266
and enterprise advisory council and to the contact person. The	6267
center shall not recommend that a group of investors receive a tax	6268
credit unless each investor is eligible under those conditions.	6269
The center may disqualify from a group any investor who is not	6270
eligible under the conditions and recommend that the remaining	6271
group of investors receive the tax credit. If the center	6272
determines the group should not be recommended for the tax credit,	6273
it shall include in the notice the reasons for the determination.	6274

(C) The industrial technology and enterprise advisory council	6275
shall establish from among its members a three-person committee.	6276
Within four weeks after the council receives a notice of	6277
recommendation from an Edison center, the committee shall review	6278
the recommendation and issue a final determination of whether the	6279
investor or group is eligible for a tax credit under the	6280
conditions set forth in division (A) of this section. The	6281
committee may require the investor or group to submit additional	6282
information to support the application. The vote of at least two	6283
members of the committee is necessary for the issuance of a final	6284
determination or any other action of the committee. Upon making	6285
the final determination, the committee shall send written notice	6286
of approval or disapproval of the tax credit to the investor or	6287
group contact person, the director of development, and the Edison	6288
center. If the committee disapproves the tax credit, it shall	6289
include in the notice the reasons for the disapproval.	6290

(D)(1) The industrial technology and enterprise advisory	6291
council committee shall not approve more than one million five	6292
hundred thousand dollars of investments in any one Ohio entity.	6293
However, if a proposed investment of money in an Ohio entity has	6294
been approved but the investor does not actually make the	6295
investment, the committee may reassign the amount of that	6296
investment to another investor, as long as the total amount	6297
invested in the entity under this section does not exceed one	6298
million five hundred thousand dollars.	6299

If the one-million-five-hundred-thousand-dollar limit for an	6300
Ohio entity has not yet been reached and an application proposes	6301
an investment of money that would exceed the limit for that	6302
entity, the committee shall send written notice to the investor,	6303
or for a group, the contact person, that the investment cannot be	6304
approved as requested. Upon receipt of the notice, the investor	6305
or group may amend the application to propose an investment of	6306
money that does not exceed the limit.	6307

(2) Not more than ~~thirty~~forty-five million dollars of tax	6308
credits shall be issued under sections 122.15 to 122.154 of the	6309
Revised Code.	6310

(E) If an investor makes an approved investment of less than	6311
two hundred fifty thousand dollars in any Ohio entity other than	6312
an EDGE business enterprise or in an Ohio entity located in a	6313
distressed area, the investor may apply for approval of another	6314
investment of money in that entity, as long as the total amount	6315
invested in that entity by the investor under this section does	6316
not exceed two hundred fifty thousand dollars. If an investor	6317
makes an approved investment of less than three hundred thousand	6318
dollars in an EDGE business enterprise or in an Ohio entity	6319
located in a distressed area, the investor may apply for approval	6320
of another investment of money in that entity, as long as the	6321
total amount invested in that entity by the investor under this	6322
section does not exceed three hundred thousand dollars. An	6323
investor who receives approval of an investment of money as part	6324
of a group may subsequently apply on an individual basis for	6325
approval of an additional investment of money in the Ohio entity.	6326

(F) The industrial technology and enterprise advisory council	6327
committee shall approve or disapprove tax credit applications	6328
under this section in the order in which they are received by the	6329
council.	6330

(G) The director of development may disapprove any	6331
application recommended by an Edison center and approved by the	6332
industrial technology and enterprise advisory council committee,	6333
or may disapprove a credit for which a tax credit certificate has	6334
been issued under section 122.152 of the Revised Code, if the	6335
director determines that the entity in which the applicant	6336
proposes to invest or has invested is not an Ohio entity eligible	6337
to receive investments that qualify for the credit. If the	6338
director disapproves an application, the director shall certify	6339
the action to the investor, the Edison center that recommended the	6340
application, the industrial technology and enterprise advisory	6341
council, and the tax commissioner, together with a written	6342
explanation of the reasons for the disapproval. If the director	6343
disapproves a tax credit after a tax credit certificate is issued,	6344
the investor shall not claim the credit for the taxable year that	6345
includes the day the director disapproves the credit, or for any	6346
subsequent taxable year.	6347

The director of development, in accordance with section	6348
111.15 of the Revised Code and with the advice of the industrial	6349
technology and enterprise advisory council, may adopt, amend, and	6350
rescind rules necessary to implement sections 122.15 to 122.154 of	6351
the Revised Code.	6352

(H) An Edison center shall use application fees received	6353
under this section only for the costs of administering sections	6354
122.15 to 122.154 of the Revised Code.	6355

Sec. 122.17. (A) As used in this section:

6356

(1) ~~"Full-time employee" means an individual who is employed~~	6357
~~for consideration for at least an average of thirty-five hours a~~	6358
~~week, who renders any other standard of service generally~~	6359
~~accepted by custom or specified by contract as full-time~~	6360
~~employment, or who is employed for consideration for such time or~~	6361
~~renders such service but is on family or medical leave under the~~	6362
~~federal Family and Medical Leave Act of 1993, Pub. L. No. 103-3,~~	6363
~~107 Stat. 6, as amended, or on active duty reserve or Ohio~~	6364
~~national guard service.~~	6365

~~(2) "New employee" means one of the following:~~

6366

~~(a) A full-time employee first employed by a taxpayer in the~~	6367
~~project that is the subject of the agreement after the taxpayer~~	6368
~~enters into a tax credit agreement with the tax credit authority~~	6369
~~under this section;~~	6370

~~(b) A full-time employee first employed by a taxpayer in the~~	6371
~~project that is the subject of the tax credit after the tax credit~~	6372
~~authority approves a project for a tax credit under this section~~	6373
~~in a public meeting, as long as the taxpayer enters into the tax~~	6374
~~credit agreement prepared by the department of development after~~	6375
~~such meeting within sixty days after receiving the agreement from~~	6376
~~the department. If the taxpayer fails to enter into the agreement~~	6377
~~within sixty days, "new employee" has the same meaning as under~~	6378
~~division (A)(2)(a) of this section. A full-time employee may be~~	6379
~~considered a "new employee" of a taxpayer, despite previously~~	6380
~~having been employed by a related member of the taxpayer, if all~~	6381
~~of the following apply:~~	6382

~~(i) The related member is a party to the tax credit agreement~~	6383
~~at the time the employee is first employed with the taxpayer;~~	6384

~~(ii) The related member will remain subject to the tax~~	6385
~~imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied~~	6386
~~under Chapter 5751. of the Revised Code for the remainder of the~~	6387
~~term of the tax credit, and the tax credit is taken against~~	6388
~~liability for that same tax through the remainder of the term of~~	6389
~~the tax credit; and~~	6390

~~(iii) The employee was considered a new employee of the~~	6391
~~related member prior to employment with the taxpayer.~~	6392

~~Under division (A)(2)(a) or (b) of this section, if the tax~~	6393
~~credit authority determines it appropriate, "new employee" also~~	6394
~~may include an employee re-hired or called back from lay-off to~~	6395
~~work in a new facility or on a new product or service established~~	6396
~~or produced by the taxpayer after entering into the agreement~~	6397
~~under this section or after the tax credit authority approves the~~	6398
~~tax credit in a public meeting. Except as otherwise provided in~~	6399
~~this paragraph, "new employee" does not include any employee of~~	6400
~~the taxpayer who was previously employed in this state by a~~	6401
~~related member of the taxpayer and whose employment was shifted to~~	6402
~~the taxpayer after the taxpayer entered into the tax credit~~	6403
~~agreement or after the tax credit authority approved the credit in~~	6404
~~a public meeting, or any employee of the taxpayer for which the~~	6405
~~taxpayer has been granted a certificate under division (B) of~~	6406
~~section 5709.66 of the Revised Code. However, if the taxpayer is~~	6407
~~engaged in the enrichment and commercialization of uranium or~~	6408
~~uranium products or is engaged in research and development~~	6409
~~activities related thereto and if the tax credit authority~~	6410
~~determines it appropriate, "new employee" may include an employee~~	6411
~~of the taxpayer who was previously employed in this state by a~~	6412
~~related member of the taxpayer and whose employment was shifted to~~	6413
~~the taxpayer after the taxpayer entered into the tax credit~~	6414
~~agreement or after the tax credit authority approved the credit in~~	6415
~~a public meeting. "New employee" does not include an employee of~~	6416
~~the taxpayer who is employed in an employment position that was~~	6417
~~relocated to a project from other operations of the taxpayer in~~	6418
~~this state or from operations of a related member of the taxpayer~~	6419
~~in this state. In addition, "new employee" does not include a~~	6420
~~child, grandchild, parent, or spouse, other than a spouse who is~~	6421
~~legally separated from the individual, of any individual who is an~~	6422
~~employee of the taxpayer and who has a direct or indirect~~	6423
~~ownership interest of at least five per cent in the profits,~~	6424
~~capital, or value of the taxpayer. Such ownership interest shall~~	6425
~~be determined in accordance with section 1563 of the Internal~~	6426
~~Revenue Code and regulations prescribed thereunder.~~	6427

~~(3) "New income~~"Income tax revenue" means the total amount	6428
withheld under section 5747.06 of the Revised Code by the	6429
taxpayer during the taxable year, or during the calendar year	6430
that includes the tax period, from the compensation of ~~new~~	6431
~~employees for the tax levied under Chapter 5747. of the Revised~~	6432
~~Code.~~	6433

~~(4) "Related member" has the same meaning as under division~~	6434
~~(A)(6) of section 5733.042 of the Revised Code without regard to~~	6435
~~division (B) of that section~~each employee employed in the project	6436
to the extent the employee's withholdings are not used to	6437
determine the credit under section 122.171 of the Revised Code.	6438
"Income tax revenue" excludes amounts withheld before the day the	6439
taxpayer becomes eligible for the credit.	6440

(2) "Baseline income tax revenue" means income tax revenue	6441
except that the applicable withholding period is the twelve months	6442
immediately preceding the date the tax credit authority approves	6443
the taxpayer's application multiplied by the sum of one plus an	6444
annual pay increase factor to be determined by the tax credit	6445
authority. If the taxpayer becomes eligible for the credit after	6446
the first day of the taxpayer's taxable year or after the first	6447
day of the calendar year that includes the tax period, the	6448
taxpayer's baseline income tax revenue for the first such	6449
taxable or calendar year of credit eligibility shall be reduced in	6450
proportion to the number of days during the taxable or calendar	6451
year for which the taxpayer was not eligible for the credit. For	6452
subsequent taxable or calendar years, "baseline income tax	6453
revenue" equals the unreduced baseline income tax revenue for the	6454
preceding taxable or calendar year multiplied by the sum of one	6455
plus the pay increase factor.	6456

(3) "Excess income tax revenue" means income tax revenue	6457
minus baseline income tax revenue.	6458

(B) The tax credit authority may make grants under this	6459
section to foster job creation in this state. Such a grant shall	6460
take the form of a refundable credit allowed against the tax	6461
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied	6462
under Chapter 5751. of the Revised Code. The credit shall be	6463
claimed for the taxable years or tax periods specified in the	6464
taxpayer's agreement with the tax credit authority under division	6465
(D) of this section. With respect to taxes imposed under section	6466
5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the	6467
credit shall be claimed in the order required under section	6468
5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of	6469
the credit available for a taxable year or for a calendar year	6470
that includes a tax period equals the ~~new~~excess income tax	6471
revenue for that year multiplied by the percentage specified in	6472
the agreement with the tax credit authority. Any credit granted	6473
under this section against the tax imposed by section 5733.06 or	6474
5747.02 of the Revised Code, to the extent not fully utilized	6475
against such tax for taxable years ending prior to 2008, shall	6476
automatically be converted without any action taken by the tax	6477
credit authority to a credit against the tax levied under Chapter	6478
5751. of the Revised Code for tax periods beginning on or after	6479
July 1, 2008, provided that the person to whom the credit was	6480
granted is subject to such tax. The converted credit shall apply	6481
to those calendar years in which the remaining taxable years	6482
specified in the agreement end.	6483

(C) A taxpayer or potential taxpayer who proposes a project	6484
to create new jobs in this state may apply to the tax credit	6485
authority to enter into an agreement for a tax credit under this	6486
section. The director of development shall prescribe the form of	6487
the application. After receipt of an application, the authority	6488
may enter into an agreement with the taxpayer for a credit under	6489
this section if it determines all of the following:	6490

(1) The taxpayer's project will ~~create new jobs in this state~~	6491
increase payroll and income tax revenue;	6492

(2) The taxpayer's project is economically sound and will	6493
benefit the people of this state by increasing opportunities for	6494
employment and strengthening the economy of this state;	6495

(3) Receiving the tax credit is a major factor in the	6496
taxpayer's decision to go forward with the project.	6497

(D) An agreement under this section shall include all of the	6498
following:	6499

(1) A detailed description of the project that is the subject	6500
of the agreement;	6501

(2) The term of the tax credit, which shall not exceed	6502
fifteen years, and the first taxable year, or first calendar year	6503
that includes a tax period, for which the credit may be claimed;	6504

(3) A requirement that the taxpayer shall maintain operations	6505
at the project location for at least ~~twice the number of years as~~	6506
~~the term of the tax credit~~the greater of seven years or the term	6507
of the credit plus three years;	6508

(4) The percentage, as determined by the tax credit	6509
authority, of ~~new~~excess income tax revenue that will be allowed	6510
as the amount of the credit for each taxable year or for each	6511
calendar year that includes a tax period;	6512

(5) ~~A specific method for determining how many new employees~~	6513
~~are employed during a taxable year or during a calendar year that~~	6514
~~includes a tax period~~The pay increase factor to be applied to the	6515
taxpayer's baseline income tax revenue;	6516

(6) A requirement that the taxpayer annually shall report to	6517
the director of development ~~the number of new employees, the new~~	6518
~~income tax revenue withheld in connection with the new employees,~~	6519
~~and any~~employment, tax withholding, investment, and other	6520
information the director needs to perform the director's duties	6521
under this section;	6522

(7) A requirement that the director of development annually	6523
~~shall verify the amounts~~review the information reported under	6524
division (D)(6) of this section~~, and after doing so shall issue a~~	6525
~~certificate to the taxpayer stating that the amounts have been~~	6526
~~verified~~and verify compliance with the agreement; if the taxpayer	6527
is in compliance, a requirement that the director issue a	6528
certificate to the taxpayer stating that the information has been	6529
verified and identifying the amount of the credit that may be	6530
claimed for the taxable or calendar year;	6531

(8)~~(a) A provision requiring that the taxpayer, except as~~	6532
~~otherwise provided in division (D)(8)(b) of this section, shall~~	6533
~~not relocate employment positions from elsewhere in this state to~~	6534
~~the project site that is the subject of the agreement for the~~	6535
~~lesser of five years from the date the agreement is entered into~~	6536
~~or the number of years the taxpayer is entitled to claim the tax~~	6537
~~credit.~~	6538

~~(b) The taxpayer may relocate employment positions from~~	6539
~~elsewhere in this state to the project site that is the subject of~~	6540
~~the agreement if the director of development determines both of~~	6541
~~the following:~~	6542

~~(i) That the site from which the employment positions would~~	6543
~~be relocated is inadequate to meet market and industry conditions,~~	6544
~~expansion plans, consolidation plans, or other business~~	6545
~~considerations affecting the taxpayer;~~	6546

~~(ii) That~~A provision providing that the taxpayer may not	6547
relocate a substantial number of employment positions from	6548
elsewhere in this state to the project location unless the	6549
director of development determines that the legislative authority	6550
of the county, township, or municipal corporation from which the	6551
employment positions would be relocated has been notified by the	6552
taxpayer of the relocation.	6553

For purposes of this section, the movement of an employment	6554
position from one political subdivision to another political	6555
subdivision shall be considered a relocation of an employment	6556
position~~, but the transfer of an individual employee from one~~	6557
~~political subdivision to another political subdivision shall not~~	6558
~~be considered a relocation of an employment position as long as~~	6559
~~the individual's employment position in the first political~~	6560
~~subdivision is refilled~~unless the employment position in the	6561
first political subdivision is replaced.	6562

(E) If a taxpayer fails to meet or comply with any condition	6563
or requirement set forth in a tax credit agreement, the tax credit	6564
authority may amend the agreement to reduce the percentage or term	6565
of the tax credit. The reduction of the percentage or term ~~shall~~	6566
~~take effect (1) in the taxable year immediately following the~~	6567
~~taxable year in which the authority amends the agreement or the~~	6568
~~director of development notifies the taxpayer in writing of such~~	6569
~~failure, or (2) in the first tax period beginning in the calendar~~	6570
~~year immediately following the calendar year in which the~~	6571
~~authority amends the agreement or the director notifies the~~	6572
~~taxpayer in writing of such failure. If the taxpayer fails to~~	6573
~~annually report any of the information required by division (D)(6)~~	6574
~~of this section within the time required by the director, the~~	6575
~~reduction of the percentage or term may take effect in the current~~	6576
~~taxable year. If the taxpayer relocates employment positions in~~	6577
~~violation of the provision required under division (D)(8)(a) of~~	6578
~~this section, the taxpayer shall not claim the tax credit under~~	6579
~~section 5733.0610 of the Revised Code for any tax years following~~	6580
~~the calendar year in which the relocation occurs, or shall not~~	6581
~~claim the tax credit under section 5725.32, 5729.032, or 5747.058~~	6582
~~of the Revised Code for the taxable year in which the relocation~~	6583
~~occurs and any subsequent taxable years, and shall not claim the~~	6584
~~tax credit under division (A) of section 5751.50 of the Revised~~	6585
~~Code for any tax period in the calendar year in which the~~	6586
~~relocation occurs and any subsequent tax periods~~may take effect	6587
in the current taxable or calendar year.	6588

(F) Projects that consist solely of point-of-final-purchase	6589
retail facilities are not eligible for a tax credit under this	6590
section. If a project consists of both point-of-final-purchase	6591
retail facilities and nonretail facilities, only the portion of	6592
the project consisting of the nonretail facilities is eligible for	6593
a tax credit and only the ~~new~~excess income tax revenue from ~~new~~	6594
~~employees of~~ the nonretail facilities shall be considered when	6595
computing the amount of the tax credit. If a warehouse facility is	6596
part of a point-of-final-purchase retail facility and supplies	6597
only that facility, the warehouse facility is not eligible for a	6598
tax credit. Catalog distribution centers are not considered	6599
point-of-final-purchase retail facilities for the purposes of this	6600
division, and are eligible for tax credits under this section.	6601

(G) Financial statements and other information submitted to	6602
the department of development or the tax credit authority by an	6603
applicant or recipient of a tax credit under this section, and any	6604
information taken for any purpose from such statements or	6605
information, are not public records subject to section 149.43 of	6606
the Revised Code. However, the chairperson of the authority may	6607
make use of the statements and other information for purposes of	6608
issuing public reports or in connection with court proceedings	6609
concerning tax credit agreements under this section. Upon the	6610
request of the tax commissioner or, if the applicant or recipient	6611
is an insurance company, upon the request of the superintendent of	6612
insurance, the chairperson of the authority shall provide to the	6613
commissioner or superintendent any statement or information	6614
submitted by an applicant or recipient of a tax credit in	6615
connection with the credit. The commissioner or superintendent	6616
shall preserve the confidentiality of the statement or	6617
information.	6618

(H) A taxpayer claiming a credit under this section shall	6619
submit to the tax commissioner or, if the taxpayer is an insurance	6620
company, to the superintendent of insurance, a copy of the	6621
director of development's certificate of verification under	6622
division (D)(7) of this section with the taxpayer's tax report or	6623
return for the taxable year or for the calendar year that includes	6624
the tax period. Failure to submit a copy of the certificate with	6625
the report or return does not invalidate a claim for a credit if	6626
the taxpayer submits a copy of the certificate to the commissioner	6627
or superintendent within sixty days after the commissioner or	6628
superintendent requests it.	6629

(I) The director of development, after consultation with the	6630
tax commissioner and the superintendent of insurance and in	6631
accordance with Chapter 119. of the Revised Code, shall adopt	6632
rules necessary to implement this section. The rules may provide	6633
for recipients of tax credits under this section to be charged	6634
fees to cover administrative costs of the tax credit program. The	6635
fees collected shall be credited to the tax incentive programs	6636
operating fund created in section 122.174 of the Revised Code. At	6637
the time the director gives public notice under division (A) of	6638
section 119.03 of the Revised Code of the adoption of the rules,	6639
the director shall submit copies of the proposed rules to the	6640
chairpersons of the standing committees on economic development in	6641
the senate and the house of representatives.	6642

(J) For the purposes of this section, a taxpayer may include	6643
a partnership, a corporation that has made an election under	6644
subchapter S of chapter one of subtitle A of the Internal Revenue	6645
Code, or any other business entity through which income flows as a	6646
distributive share to its owners. A partnership, S-corporation, or	6647
other such business entity may elect to pass the credit received	6648
under this section through to the persons to whom the income or	6649
profit of the partnership, S-corporation, or other entity is	6650
distributed. The election shall be made on the annual report	6651
required under division (D)(6) of this section. The election	6652
applies to and is irrevocable for the credit for which the report	6653
is submitted. If the election is made, the credit shall be	6654
apportioned among those persons in the same proportions as those	6655
in which the income or profit is distributed.	6656

(K) If the director of development determines that a taxpayer	6657
who has received a credit under this section is not complying with	6658
the requirement under division (D)(3) of this section, the	6659
director shall notify the tax credit authority of the	6660
noncompliance. After receiving such a notice, and after giving the	6661
taxpayer an opportunity to explain the noncompliance, the tax	6662
credit authority may require the taxpayer to refund to this state	6663
a portion of the credit in accordance with the following:	6664

(1) If the taxpayer maintained operations at the project	6665
location for ~~at least one and one-half times the number of years~~	6666
~~of the term of the tax credit, an amount not exceeding twenty-five~~	6667
~~per cent of the sum of any previously allowed credits under this~~	6668
~~section;~~	6669

~~(2) If the taxpayer maintained operations at the project~~	6670
~~location for at least the number of years of the term of the tax~~	6671
~~credit, an amount not exceeding fifty per cent of the sum of any~~	6672
~~previously allowed credits under this section;~~	6673

~~(3) If the taxpayer maintained operations at the project~~	6674
~~location for less than the number of years of the term of the tax~~	6675
~~credit, an amount not exceeding one hundred per cent of the sum of~~	6676
~~any previously allowed credits under this section~~a period less	6677
than or equal to the term of the credit, an amount not exceeding	6678
one hundred per cent of the sum of any credits allowed and	6679
received under this section;	6680

(2) If the taxpayer maintained operations at the project	6681
location for a period longer than the term of the credit, but less	6682
than the greater of seven years or the term of the credit plus	6683
three years, an amount not exceeding seventy-five per cent of the	6684
sum of any credits allowed and received under this section.	6685

In determining the portion of the tax credit to be refunded	6686
to this state, the tax credit authority shall consider the effect	6687
of market conditions on the taxpayer's project and whether the	6688
taxpayer continues to maintain other operations in this state.	6689
After making the determination, the authority shall certify the	6690
amount to be refunded to the tax commissioner or superintendent of	6691
insurance, as appropriate. If the amount is certified to the	6692
commissioner, the commissioner shall make an assessment for that	6693
amount against the taxpayer under Chapter 5733., 5747., or 5751.	6694
of the Revised Code. If the amount is certified to the	6695
superintendent, the superintendent shall make an assessment for	6696
that amount against the taxpayer under Chapter 5725. or 5729. of	6697
the Revised Code. The time limitations on assessments under those	6698
chapters do not apply to an assessment under this division, but	6699
the commissioner or superintendent, as appropriate, shall make the	6700
assessment within one year after the date the authority certifies	6701
to the commissioner or superintendent the amount to be refunded.	6702

(L) On or before the ~~thirty-first~~first day of ~~March~~August	6703
each year, the director of development shall submit a report to	6704
the governor, the president of the senate, and the speaker of the	6705
house of representatives on the tax credit program under this	6706
section. The report shall include information on the number of	6707
agreements that were entered into under this section during the	6708
preceding calendar year, a description of the project that is the	6709
subject of each such agreement, and an update on the status of	6710
projects under agreements entered into before the preceding	6711
calendar year.	6712

(M) There is hereby created the tax credit authority, which	6713
consists of the director of development and four other members	6714
appointed as follows: the governor, the president of the senate,	6715
and the speaker of the house of representatives each shall appoint	6716
one member who shall be a specialist in economic development; the	6717
governor also shall appoint a member who is a specialist in	6718
taxation. Of the initial appointees, the members appointed by the	6719
governor shall serve a term of two years; the members appointed by	6720
the president of the senate and the speaker of the house of	6721
representatives shall serve a term of four years. Thereafter,	6722
terms of office shall be for four years. Initial appointments to	6723
the authority shall be made within thirty days after January 13,	6724
1993. Each member shall serve on the authority until the end of	6725
the term for which the member was appointed. Vacancies shall be	6726
filled in the same manner provided for original appointments. Any	6727
member appointed to fill a vacancy occurring prior to the	6728
expiration of the term for which the member's predecessor was	6729
appointed shall hold office for the remainder of that term.	6730
Members may be reappointed to the authority. Members of the	6731
authority shall receive their necessary and actual expenses while	6732
engaged in the business of the authority. The director of	6733
development shall serve as chairperson of the authority, and the	6734
members annually shall elect a vice-chairperson from among	6735
themselves. Three members of the authority constitute a quorum to	6736
transact and vote on the business of the authority. The majority	6737
vote of the membership of the authority is necessary to approve	6738
any such business, including the election of the vice-chairperson.	6739

The director of development may appoint a professional	6740
employee of the department of development to serve as the	6741
director's substitute at a meeting of the authority. The director	6742
shall make the appointment in writing. In the absence of the	6743
director from a meeting of the authority, the appointed substitute	6744
shall serve as chairperson. In the absence of both the director	6745
and the director's substitute from a meeting, the vice-chairperson	6746
shall serve as chairperson.	6747

(N) For purposes of the credits granted by this section	6748
against the taxes imposed under sections 5725.18 and 5729.03 of	6749
the Revised Code, "taxable year" means the period covered by the	6750
taxpayer's annual statement to the superintendent of insurance.	6751

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

6752

(1) "Capital investment project" means a plan of investment	6753
at a project site for the acquisition, construction, renovation,	6754
or repair of buildings, machinery, or equipment, or for	6755
capitalized costs of basic research and new product development	6756
determined in accordance with generally accepted accounting	6757
principles, but does not include any of the following:	6758

(a) Payments made for the acquisition of personal property	6759
through operating leases;	6760

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

6761

(c) Payments made to a related member as defined in section	6762
5733.042 of the Revised Code or to ~~an elected~~a consolidated	6763
elected taxpayer or a combined taxpayer as defined in section	6764
5751.01 of the Revised Code.	6765

(2) "Eligible business" means a ~~business~~taxpayer and its	6766
related members with Ohio operations satisfying all of the	6767
following:	6768

(a) ~~Employed an average of at least one thousand employees in~~	6769
~~full-time employment positions at a project site during each of~~	6770
~~the twelve months preceding the application for a tax credit under~~	6771
~~this section; and~~	6772

~~(b) On or after January 1, 2002, has made or has caused to be~~	6773
~~made payments for the capital investment project, including~~	6774
~~payments made by an unrelated third party entity as a result of a~~	6775
~~lease of not less than twenty years in term, of either of the~~	6776
~~following:~~	6777

~~(i) At least two hundred~~The taxpayer employs at least five	6778
hundred full-time equivalent employees at the time the tax credit	6779
authority grants the tax credit under this section;	6780

(b) The taxpayer makes or causes to be made payments for the	6781
capital investment project of either of the following:	6782

(i) If the taxpayer is engaged at the project site primarily	6783
as a manufacturer, at least fifty million dollars in the aggregate	6784
at the project site during a period of three consecutive calendar	6785
years, including the calendar year that includes a day of the	6786
taxpayer's taxable year or tax period with respect to which the	6787
credit is granted;	6788

(ii) If the ~~average wage of all full-time employment~~	6789
~~positions at the project site is greater than four hundred per~~	6790
~~cent of the federal minimum wage, at least one hundred~~taxpayer is	6791
engaged at the project site primarily in significant corporate	6792
administrative functions, as defined by the director of	6793
development by rule, at least twenty million dollars in the	6794
aggregate at the project site during a period of three	6795
consecutive calendar years including the calendar year that	6796
includes a day of the taxpayer's taxable year or tax period with	6797
respect to which the credit is granted.	6798

(c) ~~Is engaged at the project site primarily as a~~	6799
~~manufacturer or is providing significant corporate administrative~~	6800
~~functions. If the investment under division (A)(2)(b) of this~~	6801
~~section was made by a third party entity as a result of a lease of~~	6802
~~not less than twenty years in term, the project must include~~	6803
~~headquarters operations that are part of a mixed use development~~	6804
~~that includes at least two of the following: office, hotel,~~	6805
~~research and development, or retail facilities.~~	6806

~~(d) Has~~The taxpayer had a capital investment project	6807
reviewed and approved by the tax credit authority as provided in	6808
divisions (C), (D), and (E) of this section.	6809

(3) "Full-time ~~employment position" means a position of~~	6810
~~employment for consideration for at least an average of~~	6811
~~thirty-five hours a week that has been filled for at least one~~	6812
~~hundred eighty days immediately preceding the filing of an~~	6813
~~application under this section and for at least one hundred eighty~~	6814
~~days during each taxable year or each calendar year that includes~~	6815
~~a tax period with respect to which the credit is granted, or is~~	6816
~~employed in such position for consideration for such time, but is~~	6817
~~on active duty reserve or Ohio national guard service~~equivalent	6818
employees" means the quotient obtained by dividing the total	6819
number of hours for which employees were compensated for	6820
employment in the project by two thousand eighty. "Full-time	6821
equivalent employees" shall exclude hours that are counted for a	6822
credit under section 122.17 of the Revised Code.	6823

(4) "Income tax revenue" means the total amount withheld	6824
under section 5747.06 of the Revised Code by the taxpayer during	6825
the taxable year, or during the calendar year that includes the	6826
tax period, from the compensation of all employees employed in the	6827
project whose hours of compensation are included in calculating	6828
the number of full-time equivalent employees.	6829

~~(4)~~(5) "Manufacturer" has the same meaning as in section	6830
5739.011 of the Revised Code.	6831

~~(5)~~(6) "Project site" means an integrated complex of	6832
facilities in this state, as specified by the tax credit authority	6833
under this section, within a fifteen-mile radius where a taxpayer	6834
is primarily operating as an eligible business.	6835

~~(6) "Applicable corporation" means a corporation satisfying~~	6836
~~all of the following:~~	6837

~~(a)(i) For the entire taxable year immediately preceding the~~	6838
~~tax year, the corporation develops software applications primarily~~	6839
~~to provide telecommunication billing and information services~~	6840
~~through outsourcing or licensing to domestic or international~~	6841
~~customers.~~	6842

~~(ii) Sales and licensing of software generated at least six~~	6843
~~hundred million dollars in revenue during the taxable year~~	6844
~~immediately preceding the tax year the corporation is first~~	6845
~~entitled to claim the credit provided under division (B) of this~~	6846
~~section.~~	6847

~~(b) For the entire taxable year immediately preceding the tax~~	6848
~~year, the corporation or one or more of its related members~~	6849
~~provides customer or employee care and technical support for~~	6850
~~clients through one or more contact centers within this state, and~~	6851
~~the corporation and its related members together have a daily~~	6852
~~average, based on a three-hundred-sixty-five-day year, of at least~~	6853
~~five hundred thousand successful customer contacts through one or~~	6854
~~more of their contact centers, wherever located.~~	6855

~~(c) The corporation is eligible for the credit under division~~	6856
~~(B) of this section for the tax year.~~	6857

(7) "Related member" has the same meaning as in section	6858
5733.042 of the Revised Code as that section existed on the	6859
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	6860
general assembly, September 29, 1997.	6861

(8) ~~"Successful customer contact" means a contact with an end~~	6862
~~user via telephone, including interactive voice recognition or~~	6863
~~similar means, where the contact culminates in a conversation or~~	6864
~~connection other than a busy signal or equipment busy.~~	6865

~~(9) "Telecommunications" means all forms of~~	6866
~~telecommunications service as defined in section 5739.01 of the~~	6867
~~Revised Code, and includes services in wireless, wireline, cable,~~	6868
~~broadband, internet protocol, and satellite.~~	6869

~~(10)(a) "Applicable difference" means the difference between~~	6870
~~the tax for the tax year under Chapter 5733. of the Revised Code~~	6871
~~applying the law in effect for that tax year, and the tax for that~~	6872
~~tax year if section 5733.042 of the Revised Code applied as that~~	6873
~~section existed on the effective date of its amendment by Am. Sub.~~	6874
~~H.B. 215 of the 122nd general assembly, September 29, 1997,~~	6875
~~subject to division (A)(10)(b) of this section.~~	6876

~~(b) If the tax rate set forth in division (B) of section~~	6877
~~5733.06 of the Revised Code for the tax year is less than eight~~	6878
~~and one-half per cent, the tax calculated under division~~	6879
~~(A)(10)(a) of this section shall be computed by substituting a tax~~	6880
~~rate of eight and one-half per cent for the rate set forth in~~	6881
~~division (B) of section 5733.06 of the Revised Code for the tax~~	6882
~~year.~~	6883

~~(c) If the resulting difference is negative, the applicable~~	6884
~~tax difference for the tax year shall be zero~~"Taxable year"	6885
includes, in the case of a domestic or foreign insurance company,	6886
the calendar year ending on the thirty-first day of December	6887
preceding the day the superintendent of insurance is required to	6888
certify to the treasurer of state under section 5725.20 or 5729.05	6889
of the Revised Code the amount of taxes due from insurance	6890
companies.	6891

(B) The tax credit authority created under section 122.17 of	6892
the Revised Code may grant tax credits under this section for the	6893
purpose of fostering job retention in this state. Upon application	6894
by an eligible business and upon consideration of the	6895
recommendation of the director of budget and management, tax	6896
commissioner, the superintendent of insurance in the case of an	6897
insurance company, and director of development under division (C)	6898
of this section, the tax credit authority may grant to an eligible	6899
business a nonrefundable credit against the tax imposed by section	6900
5725.18, 5729.03, 5733.06, or 5747.02 of the Revised Code for a	6901
period up to fifteen taxable years and against the tax levied by	6902
Chapter 5751. of the Revised Code for a period of up to fifteen	6903
calendar years ~~provided, however, that if the project site is~~	6904
~~leased, the term of the tax credit cannot exceed the lesser of~~	6905
~~fifteen years or one-half the term of the lease, including any~~	6906
~~permitted renewal periods. The credit shall be in an amount not~~	6907
~~exceeding seventy-five per cent of the Ohio income tax withheld~~	6908
~~from the employees of the eligible business occupying full-time~~	6909
~~employment positions at the project site during the calendar year~~	6910
~~that includes the last day of such business' taxable year or tax~~	6911
~~period with respect to which the credit is granted. The amount of~~	6912
~~the credit shall not be based on the Ohio income tax withheld~~	6913
~~from full-time employees for a calendar year prior to the~~	6914
~~calendar year in which the minimum investment requirement~~	6915
~~referred to in division (A)(2)(b) of this section is completed~~.	6916
The credit amount for a taxable year or a calendar year that	6917
includes the tax period for which a credit may be claimed equals	6918
the income tax revenue for that year multiplied by the percentage	6919
specified in the agreement with the tax credit authority. The	6920
percentage may not exceed seventy-five per cent. The credit shall	6921
be claimed in the order required under section 5725.98, 5729.98,	6922
5733.98, or 5747.98 of the Revised Code. In determining the	6923
percentage and term of the credit, the tax credit authority shall	6924
consider both the number of full-time equivalent employees and the	6925
value of the capital investment project. The credit amount may not	6926
be based on the income tax revenue for a calendar year before the	6927
calendar year in which the tax credit authority specifies the tax	6928
credit is to begin, and the credit shall be claimed only for the	6929
taxable years or tax periods specified in the eligible business'	6930
agreement with the tax credit authority ~~under division (E) of this~~	6931
~~section, but in~~. In no event shall the credit be claimed for a	6932
taxable year or tax period terminating before the date specified	6933
in the agreement. Any credit granted under this section against	6934
the tax imposed by section 5733.06 or 5747.02 of the Revised	6935
Code, to the extent not fully utilized against such tax for	6936
taxable years ending prior to 2008, shall automatically be	6937
converted without any action taken by the tax credit authority to	6938
a credit against the tax levied under Chapter 5751. of the	6939
Revised Code for tax periods beginning on or after July 1, 2008,	6940
provided that the person to whom the credit was granted is	6941
subject to such tax. The converted credit shall apply to those	6942
calendar years in which the remaining taxable years specified in	6943
the agreement end.	6944

~~The credit computed under this division is in addition to any~~	6945
~~credit allowed under division (M) of this section, which the tax~~	6946
~~credit authority may also include in the agreement.~~	6947

Any unused portion of a tax credit may be carried forward for	6948
not more than three additional years after the year for which the	6949
credit is granted.	6950

(C) A taxpayer that proposes a capital investment project to	6951
retain jobs in this state may apply to the tax credit authority to	6952
enter into an agreement for a tax credit under this section. The	6953
director of development shall prescribe the form of the	6954
application. After receipt of an application, the authority shall	6955
forward copies of the application to the director of budget and	6956
management, the tax commissioner, the superintendent of insurance	6957
in the case of an insurance company, and the director of	6958
development, each of whom shall review the application to	6959
determine the economic impact the proposed project would have on	6960
the state and the affected political subdivisions and shall submit	6961
a summary of their determinations and recommendations to the	6962
authority.	6963

(D) Upon review of the determinations and recommendations	6964
described in division (C) of this section, the tax credit	6965
authority may enter into an agreement with the taxpayer for a	6966
credit under this section if the authority determines all of the	6967
following:	6968

(1) The taxpayer's capital investment project will result in	6969
the retention of ~~full-time~~ employment ~~positions~~ in this state.	6970

(2) The taxpayer is economically sound and has the ability to	6971
complete the proposed capital investment project.	6972

(3) The taxpayer intends to and has the ability to maintain	6973
operations at the project site for at least the greater of (a)	6974
the term of the credit plus three years, or (b) seven years.	6975

(4) Receiving the credit is a major factor in the taxpayer's	6976
decision to begin, continue with, or complete the project.	6977

~~(5) The political subdivisions in which the project is~~	6978
~~located have agreed to provide substantial financial support to~~	6979
~~the project.~~	6980

(E) An agreement under this section shall include all of the	6981
following:	6982

(1) A detailed description of the project that is the subject	6983
of the agreement, including the amount of the investment, the	6984
period over which the investment has been or is being made, ~~and~~	6985
the number of full-time ~~employment positions~~equivalent employees	6986
at the project site.	6987

~~(2) The method of calculating the number of full-time~~	6988
~~employment positions as specified in division (A)(3) of this~~	6989
~~section.~~	6990

~~(3) The term and percentage of the tax credit, and the first~~	6991
~~year for which the credit may be claimed.~~	6992

~~(4)~~, and the anticipated income tax revenue to be generated.

6993

(2) The term of the credit, the percentage of the tax credit,	6994
the maximum annual value of tax credits that may be allowed each	6995
year, and the first year for which the credit may be claimed.	6996

(3) A requirement that the taxpayer maintain operations at	6997
the project site for at least the greater of (a) the term of the	6998
credit plus three years, or (b) seven years.	6999

~~(5)~~(4) A requirement that the taxpayer retain a specified	7000
number of ~~full-time employment positions~~full-time equivalent	7001
employees at the project site and within this state for the term	7002
of the credit, including a requirement that the taxpayer continue	7003
to employ at least ~~one thousand employees in full-time employment~~	7004
~~positions at the project site during the entire term of any~~	7005
~~agreement, subject to division (E)(7) of this section.~~	7006

~~(6)~~five hundred full-time equivalent employees during the	7007
entire term of the agreement.	7008

(5) A requirement that the taxpayer annually report to the	7009
director of development ~~the number of full-time employment~~	7010
~~positions subject to the credit, the amount of tax withheld from~~	7011
~~employees in those positions, the amount of the payments made for~~	7012
~~the~~employment, tax withholding, capital investment ~~project~~, and	7013
~~any~~ other information the director needs to perform the director's	7014
duties under this section.	7015

~~(7)~~(6) A requirement that the director of development	7016
annually review the annual reports of the taxpayer to verify the	7017
information reported under division (E)~~(6)~~(5) of this section and	7018
compliance with the agreement. Upon verification, the director	7019
shall issue a certificate to the taxpayer stating that the	7020
information has been verified and identifying the amount of the	7021
credit for the taxable year or calendar year that includes the tax	7022
period. ~~Unless otherwise specified by the tax credit authority in~~	7023
~~a resolution and included as part of the agreement, the director~~	7024
~~shall not issue a certificate for any year in which the total~~	7025
~~number of filled full-time employment positions for each day of~~	7026
~~the calendar year divided by three hundred sixty-five is less~~	7027
~~than ninety per cent of the full-time employment positions~~	7028
~~specified in division (E)(5) of this section.~~ In determining the	7029
number of full-time ~~employment positions~~equivalent employees, no	7030
position shall be counted that is filled by an employee who is	7031
included in the calculation of a tax credit under section 122.17	7032
of the Revised Code.	7033

~~(8)(a) A provision requiring that the taxpayer, except as~~	7034
~~otherwise provided in division (E)(8)(b) of this section, shall~~	7035
~~not relocate employment positions from elsewhere in this state to~~	7036
~~the project site that is the subject of the agreement for the~~	7037
~~lesser of five years from the date the agreement is entered into~~	7038
~~or the number of years the taxpayer is entitled to claim the~~	7039
~~credit.~~	7040

~~(b) The taxpayer may relocate employment positions from~~	7041
~~elsewhere in this state to the project site that is the subject of~~	7042
~~the agreement if the director of development determines both of~~	7043
~~the following:~~	7044

~~(i) That the site from which the employment positions would~~	7045
~~be relocated is inadequate to meet market and industry~~	7046
~~conditions, expansion plans, consolidation plans, or other~~	7047
~~business considerations affecting the taxpayer;~~	7048

~~(ii) That~~(7) A provision providing that the taxpayer may not	7049
relocate a substantial number of employment positions from	7050
elsewhere in this state to the project site unless the director	7051
of development determines that the taxpayer notified the	7052
legislative authority of the county, township, or municipal	7053
corporation from which the employment positions would be	7054
relocated ~~has been notified of the relocation~~.	7055

For purposes of this section, the movement of an employment	7056
position from one political subdivision to another political	7057
subdivision shall be considered a relocation of an employment	7058
position unless the movement is confined to the project site. The	7059
transfer of an ~~individual employee~~employment position from one	7060
political subdivision to another political subdivision shall not	7061
be considered a relocation of an employment position ~~as long as~~	7062
~~the individual's employment position in the first political~~	7063
~~subdivision is refilled.~~	7064

~~(9)~~if the employment position in the first political	7065
subdivision is replaced by another employment position.	7066

(8) A waiver by the taxpayer of any limitations periods	7067
relating to assessments or adjustments resulting from the	7068
taxpayer's failure to comply with the agreement.	7069

(F) If a taxpayer fails to meet or comply with any condition	7070
or requirement set forth in a tax credit agreement, the tax credit	7071
authority may amend the agreement to reduce the percentage or term	7072
of the credit. The reduction of the percentage or term ~~shall take~~	7073
~~effect (1) in the taxable year immediately following the taxable~~	7074
~~year in which the authority amends the agreement or the director~~	7075
~~of development notifies the taxpayer in writing of such failure,~~	7076
~~or (2) in the first tax period beginning in the calendar year~~	7077
~~immediately following the calendar year in which the authority~~	7078
~~amends the agreement or the director notifies the taxpayer in~~	7079
~~writing of such failure. If the taxpayer fails to annually report~~	7080
~~any of the information required by division (E)(6) of this section~~	7081
~~within the time required by the director, the reduction of the~~	7082
~~percentage or term may take effect in the current taxable year. If~~	7083
~~the taxpayer relocates employment positions in violation of the~~	7084
~~provision required under division (E)(8)(a) of this section, the~~	7085
~~taxpayer shall not claim the tax credit under section 5733.0610~~	7086
~~of the Revised Code for any tax years following the calendar~~	7087
~~year in which the relocation occurs, shall not claim the tax~~	7088
~~credit under section 5747.058 of the Revised Code for the~~	7089
~~taxable year in which the relocation occurs and any subsequent~~	7090
~~taxable years, and shall not claim the tax credit under~~	7091
~~division (A) of section 5751.50 of the Revised Code for the tax~~	7092
~~period in which the relocation occurs and any subsequent tax~~	7093
~~periods~~may take effect in the current taxable or calendar year.	7094

(G) Financial statements and other information submitted to	7095
the department of development or the tax credit authority by an	7096
applicant for or recipient of a tax credit under this section, and	7097
any information taken for any purpose from such statements or	7098
information, are not public records subject to section 149.43 of	7099
the Revised Code. However, the chairperson of the authority may	7100
make use of the statements and other information for purposes of	7101
issuing public reports or in connection with court proceedings	7102
concerning tax credit agreements under this section. Upon the	7103
request of the tax commissioner, or the superintendent of	7104
insurance in the case of an insurance company, the chairperson of	7105
the authority shall provide to the commissioner or superintendent	7106
any statement or other information submitted by an applicant for	7107
or recipient of a tax credit in connection with the credit. The	7108
commissioner or superintendent shall preserve the confidentiality	7109
of the statement or other information.	7110

(H) A taxpayer claiming a tax credit under this section shall	7111
submit to the tax commissioner or, in the case of an insurance	7112
company, to the superintendent of insurance, a copy of the	7113
director of development's certificate of verification under	7114
division (E)~~(7)~~(6) of this section with the taxpayer's tax report	7115
or return for the taxable year or for the calendar year that	7116
includes the tax period. Failure to submit a copy of the	7117
certificate with the report or return does not invalidate a claim	7118
for a credit if the taxpayer submits a copy of the certificate to	7119
the commissioner or superintendent within sixty days after the	7120
commissioner or superintendent requests it.	7121

(I) For the purposes of this section, a taxpayer may include	7122
a partnership, a corporation that has made an election under	7123
subchapter S of chapter one of subtitle A of the Internal Revenue	7124
Code, or any other business entity through which income flows as a	7125
distributive share to its owners. A partnership, S-corporation, or	7126
other such business entity may elect to pass the credit received	7127
under this section through to the persons to whom the income or	7128
profit of the partnership, S-corporation, or other entity is	7129
distributed. The election shall be made on the annual report	7130
required under division (E)~~(6)~~(5) of this section. The election	7131
applies to and is irrevocable for the credit for which the report	7132
is submitted. If the election is made, the credit shall be	7133
apportioned among those persons in the same proportions as those	7134
in which the income or profit is distributed.	7135

(J) If the director of development determines that a taxpayer	7136
that received a tax credit under this section is not complying	7137
with the requirement under division (E)~~(4)~~(3) of this section, the	7138
director shall notify the tax credit authority of the	7139
noncompliance. After receiving such a notice, and after giving the	7140
taxpayer an opportunity to explain the noncompliance, the	7141
authority may terminate the agreement and require the taxpayer to	7142
refund to the state all or a portion of the credit claimed in	7143
previous years, as follows:	7144

(1) If the taxpayer maintained operations at the project site	7145
for less than or equal to the term of the credit, ~~the amount~~	7146
~~required to be refunded shall not exceed the amount~~an amount not	7147
to exceed one hundred per cent of the sum of any tax credits	7148
~~previously~~ allowed and received under this section.	7149

(2) If the taxpayer maintained operations at the project site	7150
longer than the term of the credit, but less than the greater of	7151
(a) the term of the credit plus three years, or (b) seven years,	7152
the amount required to be refunded shall not exceed ~~fifty~~	7153
seventy-five per cent of the sum of any tax credits ~~previously~~	7154
allowed and received under this section.	7155

In determining the portion of the credit to be refunded to	7156
this state, the authority shall consider the effect of market	7157
conditions on the taxpayer's project and whether the taxpayer	7158
continues to maintain other operations in this state. After making	7159
the determination, the authority shall certify the amount to be	7160
refunded to the tax commissioner~~. The~~or the superintendent of	7161
insurance. If the taxpayer is not an insurance company, the	7162
commissioner shall make an assessment for that amount against the	7163
taxpayer under Chapter 5733., 5747., or 5751. of the Revised	7164
Code. If the taxpayer is an insurance company, the superintendent	7165
of insurance shall make an assessment under section 5725.222 or	7166
5729.102 of the Revised Code. The time limitations on assessments	7167
under those chapters and sections do not apply to an assessment	7168
under this division, but the commissioner or superintendent shall	7169
make the assessment within one year after the date the authority	7170
certifies to the commissioner or superintendent the amount to be	7171
refunded.	7172

~~If the director of development determines that a taxpayer~~	7173
~~that received a tax credit under this section has reduced the~~	7174
~~number of employees agreed to under division (E)(5) of this~~	7175
~~section by more than ten per cent, the director shall notify the~~	7176
~~tax credit authority of the noncompliance. After receiving such~~	7177
~~notice, and after providing the taxpayer an opportunity to explain~~	7178
~~the noncompliance, the authority may amend the agreement to reduce~~	7179
~~the percentage or term of the tax credit. The reduction in the~~	7180
~~percentage or term shall take effect in the taxable year, or in~~	7181
~~the calendar year that includes the tax period, in which the~~	7182
~~authority amends the agreement.~~	7183

(K) The director of development, after consultation with the	7184
tax commissioner and the superintendent of insurance and in	7185
accordance with Chapter 119. of the Revised Code, shall adopt	7186
rules necessary to implement this section. The rules may provide	7187
for recipients of tax credits under this section to be charged	7188
fees to cover administrative costs of the tax credit program. The	7189
fees collected shall be credited to the tax incentive programs	7190
operating fund created in section 122.174 of the Revised Code. At	7191
the time the director gives public notice under division (A) of	7192
section 119.03 of the Revised Code of the adoption of the rules,	7193
the director shall submit copies of the proposed rules to the	7194
chairpersons of the standing committees on economic development	7195
in the senate and the house of representatives.	7196

(L) On or before the ~~thirty-first~~first day of ~~March~~August	7197
of each year, the director of development shall submit a report to	7198
the governor, the president of the senate, and the speaker of the	7199
house of representatives on the tax credit program under this	7200
section. The report shall include information on the number of	7201
agreements that were entered into under this section during the	7202
preceding calendar year, a description of the project that is the	7203
subject of each such agreement, and an update on the status of	7204
projects under agreements entered into before the preceding	7205
calendar year.	7206

(M)~~(1) A nonrefundable credit shall be allowed to an~~	7207
~~applicable corporation and its related members in an amount equal~~	7208
~~to the applicable difference. The credit is in addition to the~~	7209
~~credit granted to the corporation or related members under~~	7210
~~division (B) of this section. The credit is subject to divisions~~	7211
~~(B) to (E) and division (J) of this section.~~	7212

~~(2) A person qualifying as an applicable corporation under~~	7213
~~this section for a tax year does not necessarily qualify as an~~	7214
~~applicable corporation for any other tax year. No person is~~	7215
~~entitled to the credit allowed under division (M) of this section~~	7216
~~for the tax year immediately following the taxable year during~~	7217
~~which the person fails to meet the requirements in divisions~~	7218
~~(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled~~	7219
~~to the credit allowed under division (M) of this section for any~~	7220
~~tax year for which the person is not eligible for the credit~~	7221
~~provided under division (B) of this section.~~The aggregate amount	7222
of tax credits issued under this section during any calendar year	7223
for capital investment projects reviewed and approved by the tax	7224
credit authority may not exceed the following amounts:	7225

(1) For 2010, thirteen million dollars;

7226

(2) For 2011 through 2023, the amount of the limit for the	7227
preceding calendar year plus thirteen million dollars;	7228

(3) For 2024 and each year thereafter, one hundred	7229
ninety-five million dollars.	7230

The foregoing annual limitations do not apply to credits for	7231
capital investment projects approved by the tax credit authority	7232
before July 1, 2009.	7233

Sec. 122.40. (A) There is hereby created the development	7234
financing advisory council to assist in carrying out the programs	7235
created pursuant to sections 122.39 to 122.62 and Chapter 166. of	7236
the Revised Code.	7237

(B) The council shall consist of ~~seven~~eight members	7238
appointed by the governor, with the advice and consent of the	7239
senate, who are selected for their knowledge of and experience in	7240
economic development financing, one member of the senate appointed	7241
by the president of the senate, one member of the house of	7242
representatives appointed by the speaker of the house of	7243
representatives, and the director of development or the director's	7244
designee. With respect to the council:	7245

(1) No more than four members of the council appointed by the	7246
governor shall be members of the same political party.	7247

(2) Each member shall hold office from the date of the	7248
member's appointment until the end of the term for which the	7249
member was appointed.	7250

(3) The terms of office for the ~~seven~~eight members appointed	7251
by the governor shall be for five years commencing on the first	7252
day of January and ending on the thirty-first day of December. The	7253
~~seven~~ members appointed by the governor who are serving terms of	7254
office of seven years on December 30, 2004, shall continue to	7255
serve those terms, but their successors in office, including the	7256
filling of a vacancy occurring prior to the expiration of those	7257
terms, shall be appointed for terms of five years in accordance	7258
with this division.	7259

(4) Any member of the council is eligible for reappointment.

7260

(5) As a term of a member of the council appointed by the	7261
governor expires, the governor shall appoint a successor with the	7262
advice and consent of the senate.	7263

(6) Except as otherwise provided in division (B)(3) of this	7264
section, any member appointed to fill a vacancy occurring prior to	7265
the expiration of the term for which the member's predecessor was	7266
appointed shall hold office for the remainder of the predecessor's	7267
term.	7268

(7) Any member shall continue in office subsequent to the	7269
expiration date of the member's term until the member's successor	7270
takes office, or until a period of sixty days has elapsed,	7271
whichever occurs first.	7272

(8) Before entering upon duties as a member of the council,	7273
each member shall take an oath provided by Section 7 of Article	7274
XV, Ohio Constitution.	7275

(9) The governor may, at any time, remove any nonlegislative	7276
member pursuant to section 3.04 of the Revised Code.	7277

(10) Members of the council, notwithstanding section 101.26	7278
of the Revised Code with respect to members who are members of the	7279
general assembly, shall receive their necessary and actual	7280
expenses while engaged in the business of the council and shall be	7281
paid at the per diem rate of step 1, pay range 31, of section	7282
124.15 of the Revised Code.	7283

(11) Six members of the council constitute a quorum and the	7284
affirmative vote of six members is necessary for any action taken	7285
by the council.	7286

(12) In the event of the absence of a member appointed by the	7287
president of the senate or by the speaker of the house of	7288
representatives, the following persons may serve in the member's	7289
absence: the president of the senate or the speaker of the house,	7290
as the case may be, or a member of the senate or of the house of	7291
representatives, of the same political party as the development	7292
financing advisory council member, designated by the president of	7293
the senate or the speaker of the house.	7294

Sec. 122.603. (A)(1) Upon approval by the director of	7295
development and after entering into a participation agreement with	7296
the department of development, a participating financial	7297
institution making a capital access loan shall establish a program	7298
reserve account. The account shall be an interest-bearing account	7299
and shall contain only moneys deposited into it under the program	7300
and the interest payable on the moneys in the account.	7301

(2) All interest payable on the moneys in the program reserve	7302
account shall be added to the moneys and held as an additional	7303
loss reserve. The director may require that a portion or all of	7304
the accrued interest so held in the account be released to the	7305
department. If the director causes a release of accrued interest,	7306
the director shall deposit the released amount into the capital	7307
access loan program fund created in section 122.601 of the Revised	7308
Code. The director shall not require the release of that accrued	7309
interest more than twice in a fiscal year.	7310

(B) When a participating financial institution makes a	7311
capital access loan, it shall require the eligible business to pay	7312
to the participating financial institution a fee in an amount that	7313
is not less than one and one-half per cent, and not more than	7314
three per cent, of the principal amount of the loan. The	7315
participating financial institution shall deposit the fee into its	7316
program reserve account, and it also shall deposit into the	7317
account an amount of its own funds equal to the amount of the fee.	7318
The participating financial institution may recover from the	7319
eligible business all or part of the amount that the participating	7320
financial institution is required to deposit into the account	7321
under this division in any manner agreed to by the participating	7322
financial institution and the eligible business.	7323

(C) For each capital access loan made by a participating	7324
financial institution, the participating financial institution	7325
shall certify to the director, within a period specified by the	7326
director, that the participating financial institution has made	7327
the loan. The certification shall include the amount of the loan,	7328
the amount of the fee received from the eligible business, the	7329
amount of its own funds that the participating financial	7330
institution deposited into its program reserve account to reflect	7331
that fee, and any other information specified by the director. The	7332
certification also shall indicate if the eligible business	7333
receiving the capital access loan is a minority business	7334
enterprise as defined in section 122.71 of the Revised Code.	7335

(D)(1)(a) Upon receipt of each of the first three	7336
certifications from a participating financial institution made	7337
under division (C) of this section and subject to section 122.602	7338
of the Revised Code, the director shall disburse to the	7339
participating financial institution from the capital access loan	7340
program fund an amount equal to fifty per cent of the principal	7341
amount of the particular capital access loan for deposit into the	7342
participating financial institution's program reserve account.	7343
Thereafter, upon receipt of a certification from that	7344
participating financial institution made under division (C) of	7345
this section and subject to section 122.602 of the Revised Code,	7346
the director shall disburse to the participating financial	7347
institution from the capital access loan program fund an amount	7348
equal to ten per cent of the principal amount of the particular	7349
capital access loan for deposit into the participating financial	7350
institution's program reserve account. ~~The~~	7351

(b) Notwithstanding division (D)(1)(a) of this section, and	7352
subject to section 122.602 of the Revised Code, upon receipt of	7353
any certification from a participating financial institution made	7354
under division (C) of this section with respect to a capital	7355
access loan made to an eligible business that is a minority	7356
business enterprise, the director shall disburse to the	7357
participating financial institution from the capital access loan	7358
program fund an amount equal to eighty per cent of the principal	7359
amount of the particular capital access loan for deposit into the	7360
participating financial institution's program reserve account.	7361

(2) The disbursement of moneys from the fund to a	7362
participating financial institution does not require approval from	7363
the controlling board.	7364

(E) If the amount in a program reserve account exceeds an	7365
amount equal to thirty-three per cent of a participating financial	7366
institution's outstanding capital access loans, the department may	7367
cause the withdrawal of the excess amount and the deposit of the	7368
withdrawn amount into the capital access loan program fund.	7369

(F)(1) The department may cause the withdrawal of the total	7370
amount in a participating financial institution's program reserve	7371
account if any of the following applies:	7372

(a) The financial institution is no longer eligible to	7373
participate in the program.	7374

(b) The participation agreement expires without renewal by	7375
the department or the financial institution.	7376

(c) The financial institution has no outstanding capital	7377
access loans.	7378

(d) The financial institution has not made a capital access	7379
loan within the preceding twenty-four months.	7380

(2) If the department causes a withdrawal under division	7381
(F)(1) of this section, the department shall deposit the withdrawn	7382
amount into the capital access loan program fund.	7383

Sec. 122.71. As used in sections 122.71 to 122.83 of the	7384
Revised Code:	7385

(A) "Financial institution" means any banking corporation,	7386
trust company, insurance company, savings and loan association,	7387
building and loan association, or corporation, partnership,	7388
federal lending agency, foundation, or other institution engaged	7389
in lending or investing funds for industrial or business purposes.	7390

(B) "Project" means any real or personal property connected	7391
with or being a part of an industrial, distribution, commercial,	7392
or research facility to be acquired, constructed, reconstructed,	7393
enlarged, improved, furnished, or equipped, or any combination	7394
thereof, with the aid provided under sections 122.71 to 122.83 of	7395
the Revised Code, for industrial, commercial, distribution, and	7396
research development of the state.	7397

(C) "Mortgage" means the lien imposed on a project by a	7398
mortgage on real property, or by financing statements on personal	7399
property, or a combination of a mortgage and financing statements	7400
when a project consists of both real and personal property.	7401

(D) "Mortgagor" means the principal user of a project or the	7402
person, corporation, partnership, or association unconditionally	7403
guaranteeing performance by the principal user of its obligations	7404
under the mortgage.	7405

(E)(1) "Minority business enterprise" means an individual who	7406
is a United States citizen and owns and controls a business, or a	7407
partnership, corporation, or joint venture of any kind that is	7408
owned and controlled by United States citizens, which citizen or	7409
citizens are residents of this state and are members of one of the	7410
following economically disadvantaged groups: Blacks or African	7411
Americans, American Indians, Hispanics or Latinos, and Asians.	7412

(2) "Owned and controlled" means that at least fifty-one per	7413
cent of the business, including corporate stock if a corporation,	7414
is owned by persons who belong to one or more of the groups set	7415
forth in division (E)(1) of this section, and that those owners	7416
have control over the management and day-to-day operations of the	7417
business and an interest in the capital, assets, and profits and	7418
losses of the business proportionate to their percentage of	7419
ownership. In order to qualify as a minority business enterprise,	7420
a business shall have been owned and controlled by those persons	7421
at least one year prior to being awarded a contract pursuant to	7422
this section.	7423

(F) "Community improvement corporation" means a corporation	7424
organized under Chapter 1724. of the Revised Code.	7425

(G) "Ohio development corporation" means a corporation	7426
organized under Chapter 1726. of the Revised Code.	7427

(H) "Minority contractors business assistance organization"	7428
means an entity engaged in the provision of management and	7429
technical business assistance to minority business enterprise	7430
entrepreneurs.	7431

(I) "Minority business supplier development council" means a	7432
nonprofit organization established as an affiliate of the national	7433
minority supplier development council.	7434

(J) "Regional economic development entity" means an entity	7435
that is under contract with the director of development to	7436
administer a loan program under this chapter in a particular area	7437
of the state.	7438

(K) "Community development corporation" means a corporation	7439
organized under Chapter 1702. of the Revised Code that consists of	7440
residents of the community and business and civic leaders and that	7441
has as a principal purpose one or more of the following: the	7442
revitalization and development of a low- to moderate-income	7443
neighborhood or community; the creation of jobs for low- to	7444
moderate-income residents; the development of commercial	7445
facilities and services; providing training, technical assistance,	7446
and financial assistance to small businesses; and planning,	7447
developing, or managing low-income housing or other community	7448
development activities.	7449

Sec. 122.751. The minority development financing advisory	7450
board or a regional economic development entity shall only	7451
consider an application for a loan from any applicant after a	7452
determination that the applicant is a community development	7453
corporation, or after a certification by the equal employment	7454
opportunity coordinator of the department of administrative	7455
services under division (B)(1) of section 123.151 of the Revised	7456
Code that the applicant is a minority business enterprise, or	7457
after a certification by the minority business supplier	7458
development council that the applicant is a minority business, and	7459
that the applicant satisfies all criteria regarding eligibility	7460
for assistance pursuant to section 122.76 of the Revised Code.	7461

Sec. 122.76. (A) The director of development, with	7462
controlling board approval, may lend funds to minority business	7463
enterprises and to community improvement corporations, Ohio	7464
development corporations, minority contractors business assistance	7465
organizations, and minority business supplier development councils	7466
for the purpose of loaning funds to minority business enterprises	7467
and for the purpose of procuring or improving real or personal	7468
property, or both, for the establishment, location, or expansion	7469
of industrial, distribution, commercial, or research facilities in	7470
the state, and to community development corporations that	7471
predominantly benefit minority business enterprises or are located	7472
in a census tract that has a population that is sixty per cent or	7473
more minority if the director determines, in the director's sole	7474
discretion, that all of the following apply:	7475

(1) The project is economically sound and will benefit the	7476
people of the state by increasing opportunities for employment, by	7477
strengthening the economy of the state, or expanding minority	7478
business enterprises.	7479

(2) The proposed minority business enterprise borrower is	7480
unable to finance the proposed project through ordinary financial	7481
channels at comparable terms.	7482

(3) The value of the project is or, upon completion, will be	7483
at least equal to the total amount of the money expended in the	7484
procurement or improvement of the project, and one or more	7485
financial institutions or other governmental entities have loaned	7486
not less than thirty per cent of that amount.	7487

(4) The amount to be loaned by the director will not exceed	7488
sixty per cent of the total amount expended in the procurement or	7489
improvement of the project.	7490

(5) The amount to be loaned by the director will be	7491
adequately secured by a first or second mortgage upon the project	7492
or by mortgages, leases, liens, assignments, or pledges on or of	7493
other property or contracts as the director requires, and such	7494
mortgage will not be subordinate to any other liens or mortgages	7495
except the liens securing loans or investments made by financial	7496
institutions referred to in division (A)(3) of this section, and	7497
the liens securing loans previously made by any financial	7498
institution in connection with the procurement or expansion of all	7499
or part of a project.	7500

(B) Any proposed minority business enterprise borrower	7501
submitting an application for assistance under this section shall	7502
not have defaulted on a previous loan from the director, and no	7503
full or limited partner, major shareholder, or holder of an equity	7504
interest of the proposed minority business enterprise borrower	7505
shall have defaulted on a loan from the director.	7506

(C) The proposed minority business enterprise borrower shall	7507
demonstrate to the satisfaction of the director that it is able to	7508
successfully compete in the private sector if it obtains the	7509
necessary financial, technical, or managerial support and that	7510
support is available through the director, the minority business	7511
development office of the department of development, or other	7512
identified and acceptable sources. In determining whether a	7513
minority business enterprise borrower will be able to successfully	7514
compete, the director may give consideration to such factors as	7515
the successful completion of or participation in courses of study,	7516
recognized by the board of regents as providing financial,	7517
technical, or managerial skills related to the operation of the	7518
business, by the economically disadvantaged individual, owner, or	7519
partner, and the prior success of the individual, owner, or	7520
partner in personal, career, or business activities, as well as to	7521
other factors identified by the director.	7522

(D) The director shall not lend funds for the purpose of	7523
procuring or improving motor vehicles or accounts receivable.	7524

Sec. 122.85. (A) As used in this section and in sections	7525
5733.59 and 5747.66 of the Revised Code:	7526

(1) "Tax credit-eligible production" means a motion picture	7527
production certified by the director of development under division	7528
(B) of this section as qualifying the motion picture company for a	7529
tax credit under section 5733.59 or 5747.66 of the Revised Code.	7530

(2) "Certificate owner" means a motion picture company to	7531
which a tax credit certificate is issued.	7532

(3) "Motion picture company" means an individual,	7533
corporation, partnership, limited liability company, or other form	7534
of business association producing a motion picture.	7535

(4) "Eligible production expenditures" means expenditures	7536
made after June 30, 2009, for goods or services purchased and	7537
consumed in this state by a motion picture company directly for	7538
the production of a tax credit-eligible production.	7539

"Eligible production expenditures" includes, but is not	7540
limited to, expenditures for resident and nonresident cast and	7541
crew wages, accommodations, costs of set construction and	7542
operations, editing and related services, photography, sound	7543
synchronization, lighting, wardrobe, makeup and accessories, film	7544
processing, transfer, sound mixing, special and visual effects,	7545
music, location fees, and the purchase or rental of facilities and	7546
equipment.	7547

(5) "Motion picture" means entertainment content created in	7548
whole or in part within this state for distribution or exhibition	7549
to the general public, including, but not limited to,	7550
feature-length films; documentaries; long-form, specials,	7551
miniseries, series, and interstitial television programming;	7552
interactive web sites; sound recordings; videos; music videos;	7553
interactive television; interactive games; videogames;	7554
commercials; any format of digital media; and any trailer, pilot,	7555
video teaser, or demo created primarily to stimulate the sale,	7556
marketing, promotion, or exploitation of future investment in	7557
either a product or a motion picture by any means and media in any	7558
digital media format, film, or videotape, provided the motion	7559
picture qualifies as a motion picture. "Motion picture" does not	7560
include any television program created primarily as news,	7561
weather, or financial market reports, a production featuring	7562
current events or sporting events, an awards show or other gala	7563
event, a production whose sole purpose is fundraising, a long-form	7564
production that primarily markets a product or service or in-house	7565
corporate advertising or other similar productions, a production	7566
for purposes of political advocacy, or any production for which	7567
records are required to be maintained under 18 U.S.C. 2257 with	7568
respect to sexually explicit content.	7569

(B) For the purpose of encouraging and developing a strong	7570
film industry in this state, the director of development may	7571
certify a motion picture produced by a motion picture company as	7572
a tax credit-eligible production. In the case of a television	7573
series, the director may certify the production of each episode	7574
of the series as a separate tax credit-eligible production. A	7575
motion picture company shall apply for certification of a motion	7576
picture as a tax credit-eligible production on a form and in the	7577
manner prescribed by the director. Each application shall	7578
include the following information:	7579

(1) The name and telephone number of the motion picture	7580
production company;	7581

(2) The name and telephone number of the company's contact	7582
person;	7583

(3) A list of the first preproduction date through the last	7584
production date in Ohio;	7585

(4) The Ohio production office address and telephone number;

7586

(5) The total production budget of the motion picture;

7587

(6) The total budgeted eligible production expenditures and	7588
the percentage that amount is of the total production budget of	7589
the motion picture;	7590

(7) The total percentage of the motion picture being shot in	7591
Ohio;	7592

(8) The level of employment of cast and crew who reside in	7593
Ohio;	7594

(9) A synopsis of the script;

7595

(10) The shooting script;

7596

(11) A creative elements list that includes the names of the	7597
principal cast and crew and the producer and director;	7598

(12) Documentation of financial ability to undertake and	7599
complete the motion picture;	7600

(13) Estimated value of the tax credit based upon total	7601
budgeted eligible production expenditures;	7602

(14) Any other information considered necessary by the	7603
director.	7604

Within ninety days after certification of a motion picture as	7605
a tax credit-eligible production, and any time thereafter upon the	7606
director's request, the motion picture company shall present to	7607
the director of development sufficient evidence of reviewable	7608
progress. If the motion picture company fails to present	7609
sufficient evidence, the director of development may rescind the	7610
certification. Upon rescission, the director shall notify the	7611
applicant that the certification has been rescinded. Nothing in	7612
this section prohibits an applicant whose tax credit-eligible	7613
production certification has been rescinded from submitting a	7614
subsequent application for certification.	7615

(C)(1) A motion picture company whose motion picture has been	7616
certified as a tax credit-eligible production may apply to the	7617
director of development on or after July 1, 2009, for a refundable	7618
credit against the tax imposed by section 5733.06 or 5747.02 of	7619
the Revised Code. The director in consultation with the tax	7620
commissioner shall prescribe the form and manner of the	7621
application and the information or documentation required to be	7622
submitted with the application.	7623

The credit is determined as follows:

7624

(a) If the total budgeted eligible production expenditures	7625
stated in the application submitted under division (B) of this	7626
section or the actual eligible production expenditures as finally	7627
determined under division (D) of this section, whichever is least,	7628
is less than or equal to three hundred thousand dollars, no	7629
credit is allowed;	7630

(b) If the total budgeted eligible production expenditures	7631
stated in the application submitted under division (B) of this	7632
section or the actual eligible production expenditures as finally	7633
determined under division (D) of this section, whichever is least,	7634
is greater than three hundred thousand dollars, the credit equals	7635
the sum of the following, subject to the limitation in division	7636
(C)(4) of this section:	7637

(i) Twenty-five per cent of the least of such budgeted or	7638
actual eligible expenditure amounts excluding budgeted or actual	7639
eligible expenditures for resident cast and crew wages;	7640

(ii) Thirty-five per cent of budgeted or actual eligible	7641
expenditures for resident cast and crew wages.	7642

(2) Except as provided in division (C)(4) of this section, if	7643
the director of development approves a motion picture company's	7644
application for a credit, the director shall issue a tax credit	7645
certificate to the company. The director in consultation with the	7646
tax commissioner shall prescribe the form and manner of issuing	7647
certificates. The director shall assign a unique identifying	7648
number to each tax credit certificate and shall record the	7649
certificate in a register devised and maintained by the director	7650
for that purpose. The certificate shall state the amount of the	7651
eligible production expenditures on which the credit is based and	7652
the amount of the credit. Upon the issuance of a certificate, the	7653
director shall certify to the tax commissioner the name of the	7654
applicant, the amount of eligible production expenditures shown on	7655
the certificate, and any other information required by the rules	7656
adopted to administer this section.	7657

(3) The amount of eligible production expenditures for which	7658
a tax credit may be claimed is subject to inspection and	7659
examination by the tax commissioner or employees of the	7660
commissioner under section 5703.19 of the Revised Code and any	7661
other applicable law. Once the eligible production expenditures	7662
are finally determined under section 5703.19 of the Revised Code	7663
and division (D) of this section, the credit amount is not subject	7664
to adjustment unless the director determines an error was	7665
committed in the computation of the credit amount.	7666

(4) No tax credit certificate may be issued before the	7667
completion of the tax credit-eligible production. For the fiscal	7668
biennium beginning July 1, 2009, and ending June 30, 2011, not	7669
more than thirty million dollars of tax credit may be allowed, of	7670
which not more than ten million dollars of tax credit may be	7671
allowed in the first year of the biennium. In succeeding fiscal	7672
biennia, not more than twenty million dollars of tax credit may	7673
be allowed per fiscal biennium, and not more than ten million	7674
dollars may be allowed in the first year of the biennium. At any	7675
time, not more than five million dollars of tax credit may be	7676
allowed per tax credit-eligible production.	7677

(D) A motion picture company whose motion picture has been	7678
certified as a tax credit-eligible production shall engage, at the	7679
company's expense, an independent certified public accountant to	7680
examine the company's production expenditures to identify the	7681
expenditures that qualify as eligible production expenditures. The	7682
certified public accountant shall issue a report to the company	7683
and to the director of development certifying the company's	7684
eligible production expenditures and any other information	7685
required by the director. Upon receiving and examining the report,	7686
the director may disallow any expenditure the director determines	7687
is not an eligible production expenditure. If the director	7688
disallows an expenditure, the director shall issue a written	7689
notice to the motion picture production company stating that the	7690
expenditure is disallowed and the reason for the disallowance.	7691
Upon examination of the report and disallowance of any	7692
expenditures, the director shall determine finally the lesser of	7693
the total budgeted eligible production expenditures stated in the	7694
application submitted under division (B) of this section or the	7695
actual eligible production expenditures for the purpose of	7696
computing the amount of the credit.	7697

(E) No credit shall be allowed under section 5733.59 or	7698
5747.66 of the Revised Code unless the director has reviewed the	7699
report and made the determination prescribed by division (D) of	7700
this section.	7701

(F) This state reserves the right to refuse the use of this	7702
state's name in the credits of any tax credit-eligible motion	7703
picture production.	7704

(G)(1) The director of development in consultation with the	7705
tax commissioner shall adopt rules for the administration of this	7706
section, including rules setting forth and governing the criteria	7707
for determining whether a motion picture production is a tax	7708
credit-eligible production; activities that constitute the	7709
production of a motion picture; reporting sufficient evidence of	7710
reviewable progress; expenditures that qualify as eligible	7711
production expenditures; a competitive process for approving	7712
credits; and consideration of geographic distribution of credits.	7713
The rules shall be adopted under Chapter 119. of the Revised Code.	7714

(2) The director may require a reasonable application fee to	7715
cover administrative costs of the tax credit program. The fees	7716
collected shall be credited to the motion picture tax credit	7717
program operating fund, which is hereby created in the state	7718
treasury. The motion picture tax credit program operating fund	7719
shall consist of all grants, gifts, fees, and contributions made	7720
to the director of development for marketing and promotion of the	7721
motion picture industry within this state. The director of	7722
development shall use money in the fund to pay expenses related to	7723
the administration of the Ohio film office and the credit	7724
authorized by this section and sections 5733.59 and 5747.66 of the	7725
Revised Code.	7726

Sec. 122.89. (A) The director of development may execute	7727
bonds as surety for minority businesses as principals, on	7728
contracts with the state, any political subdivision or	7729
instrumentality thereof, or any person as the obligee. The	7730
director as surety may exercise all the rights and powers of a	7731
company authorized by the department of insurance to execute bonds	7732
as surety but shall not be subject to any requirements of a surety	7733
company under Title XXXIX of the Revised Code nor to any rules of	7734
the department of insurance.	7735

(B) The director, with the advice of the minority development	7736
financing advisory board, shall adopt rules under Chapter 119. of	7737
the Revised Code establishing procedures for application for	7738
surety bonds by minority businesses and for review and approval of	7739
applications. The board shall review each application in	7740
accordance with the rules and, based on the bond worthiness of	7741
each applicant, shall refer all qualified applicants to the	7742
director. Based on the recommendation of the board, the director	7743
shall determine whether or not the applicant shall receive	7744
bonding.	7745

(C) ~~The rules of the board shall provide that the minority~~	7746
~~business, in order to make an application for a bond to the~~	7747
~~director, shall submit documentation, as the director requires, to~~	7748
~~demonstrate either that a minority business shall have been denied~~	7749
~~a bond by two surety companies or that the minority business has~~	7750
~~applied to two surety companies for a bond and, at the expiration~~	7751
~~of sixty days after making the application, has neither received~~	7752
~~nor been denied a bond.~~	7753

~~(D)~~ The rules of the board shall require the minority	7754
business to pay a premium in advance for the bond to be	7755
established by the director, with the advice of the board after	7756
the director receives advice from the superintendent of insurance	7757
regarding the standard market rates for premiums for similar	7758
bonds. All premiums paid by minority businesses shall be paid into	7759
the minority business bonding program administrative and loss	7760
reserve fund.	7761

~~(E)~~(D) The rules of the board shall provide for a retainage	7762
of money paid to the minority business or EDGE business	7763
enterprise of fifteen per cent for a contract valued at more than	7764
fifty thousand dollars and for a retainage of twelve per cent for	7765
a contract valued at fifty thousand dollars or less.	7766

(E) The penal sum amounts of all outstanding bonds issued by	7767
the director shall not exceed the amount of moneys in the minority	7768
business bonding fund and available to the fund under division (B)	7769
of section 169.05 of the Revised Code.	7770

(F) The superintendent of insurance shall provide such	7771
technical and professional assistance as is considered necessary	7772
by the director, including providing advice regarding the standard	7773
market rates for bond premiums as described under division ~~(D)~~(C)	7774
of this section.	7775

(G) Notwithstanding any provision of the Revised Code to the	7776
contrary, a minority business or EDGE business enterprise may bid	7777
or enter into a contract with the state or with any	7778
instrumentality of the state without being required to provide a	7779
bond as follows:	7780

(1) For the first contract that a minority business or EDGE	7781
business enterprise enters into with the state or with any	7782
particular instrumentality of the state, the minority business	7783
or EDGE business enterprise may bid or enter into a contract	7784
valued at twenty-five thousand dollars or less without being	7785
required to provide a bond, but only if the minority business or	7786
EDGE business enterprise is participating in a qualified	7787
contractor assistance program or has successfully completed a	7788
qualified contractor assistance program after the effective date	7789
of this amendment;	7790

(2) After the state or any particular instrumentality of the	7791
state has accepted the first contract as completed and all	7792
subcontractors and suppliers on the contract have been paid, the	7793
minority business or EDGE business enterprise may bid or enter	7794
into a second contract with the state or with that particular	7795
instrumentality of the state valued at fifty thousand dollars or	7796
less without being required to provide a bond, but only if the	7797
minority business or EDGE business enterprise is participating in	7798
a qualified contractor assistance program or has successfully	7799
completed a qualified contractor assistance program after the	7800
effective date of this amendment;	7801

(3) After the state or any particular instrumentality of the	7802
state has accepted the second contract as completed and all	7803
subcontractors and suppliers on the contract have been paid, the	7804
minority business or EDGE business enterprise may bid or enter	7805
into a third contract with the state or with that particular	7806
instrumentality of the state valued at one hundred thousand	7807
dollars or less without being required to provide a bond, but	7808
only if the minority business or EDGE business enterprise has	7809
successfully completed a qualified contractor assistance program	7810
after the effective date of this amendment;	7811

(4) After the state or any particular instrumentality of the	7812
state has accepted the third contract as completed and all	7813
subcontractors and suppliers on the contract have been paid, the	7814
minority business or EDGE business enterprise may bid or enter	7815
into a fourth contract with the state or with that particular	7816
instrumentality of the state valued at three hundred thousand	7817
dollars or less without being required to provide a bond, but	7818
only if the minority business or EDGE business enterprise has	7819
successfully completed a qualified contractor assistance program	7820
after the effective date of this amendment;	7821

(5) After the state or any instrumentality of the state has	7822
accepted the fourth contract as completed and all subcontractors	7823
and suppliers on the contract have been paid, upon a showing that	7824
with respect to a contract valued at four hundred thousand	7825
dollars or less with the state or with any particular	7826
instrumentality of the state, that the minority business or EDGE	7827
business enterprise either has been denied a bond by two surety	7828
companies or that the minority business or EDGE business	7829
enterprise has applied to two surety companies for a bond and, at	7830
the expiration of sixty days after making the application, has	7831
neither received nor been denied a bond, the minority business or	7832
EDGE business enterprise may repeat its participation in the	7833
unbonded state contractor program. Under no circumstances shall a	7834
minority business or EDGE business enterprise be permitted to	7835
participate in the unbonded state contractor program more than	7836
twice.	7837

(H) Notwithstanding any provision of the Revised Code to the	7838
contrary, a minority business or EDGE business enterprise may bid	7839
or enter into a contract with any political subdivision of the	7840
state or with any instrumentality of a political subdivision	7841
without being required to provide a bond as follows:	7842

(1) For the first contract that the minority business or EDGE	7843
business enterprise enters into with any particular political	7844
subdivision of the state or with any particular instrumentality	7845
of a political subdivision, the minority business or EDGE	7846
business enterprise may bid or enter into a contract valued at	7847
twenty-five thousand dollars or less without being required to	7848
provide a bond, but only if the minority business or EDGE business	7849
enterprise is participating in a qualified contractor assistance	7850
program or has successfully completed a qualified contractor	7851
assistance program after the effective date of this amendment;	7852

(2) After any political subdivision of the state or any	7853
instrumentality of a political subdivision has accepted the first	7854
contract as completed and all subcontractors and suppliers on the	7855
contract have been paid, the minority business or EDGE business	7856
enterprise may bid or enter into a second contract with that	7857
particular political subdivision of the state or with that	7858
particular instrumentality of a political subdivision valued at	7859
fifty thousand dollars or less without being required to provide	7860
a bond, but only if the minority business or EDGE business	7861
enterprise is participating in a qualified contractor assistance	7862
program or has successfully completed a qualified contractor	7863
assistance program after the effective date of this amendment;	7864

(3) After any political subdivision of the state or any	7865
instrumentality of a political subdivision has accepted the second	7866
contract as completed and all subcontractors and suppliers on the	7867
contract have been paid, the minority business or EDGE business	7868
enterprise may bid or enter into a third contract with that	7869
particular political subdivision of the state or with that	7870
particular instrumentality of a political subdivision valued at	7871
one hundred thousand dollars or less without being required to	7872
provide a bond, but only if the minority business or EDGE	7873
business enterprise has successfully completed a qualified	7874
contractor assistance program after the effective date of this	7875
amendment;	7876

(4) After any political subdivision of the state or any	7877
instrumentality of a political subdivision has accepted the third	7878
contract as completed and all subcontractors and suppliers on the	7879
contract have been paid, the minority business or EDGE business	7880
enterprise may bid or enter into a fourth contract with that	7881
particular political subdivision of the state or with that	7882
particular instrumentality of a political subdivision valued at	7883
two hundred thousand dollars or less without being required to	7884
provide a bond, but only if the minority business or EDGE	7885
business enterprise has successfully completed a qualified	7886
contractor assistance program after the effective date of this	7887
amendment;	7888

(5) After any political subdivision of the state or any	7889
instrumentality of a political subdivision has accepted the fourth	7890
contract as completed and all subcontractors and suppliers on the	7891
contract have been paid, upon a showing that with respect to a	7892
contract valued at three hundred thousand dollars or less with any	7893
political subdivision of the state or any instrumentality of a	7894
political subdivision, that the minority business or EDGE business	7895
enterprise either has been denied a bond by two surety companies	7896
or that the minority business or EDGE business enterprise has	7897
applied to two surety companies for a bond and, at the expiration	7898
of sixty days after making the application, has neither received	7899
nor been denied a bond, the minority business or EDGE business	7900
enterprise may repeat its participation in the unbonded political	7901
subdivision contractor program. Under no circumstances shall a	7902
minority business or EDGE business enterprise be permitted to	7903
participate in the unbonded political subdivision contractor	7904
program more than twice.	7905

(I) Notwithstanding any provision of the Revised Code to the	7906
contrary, if a minority business or EDGE business enterprise has	7907
entered into two or more contracts with the state or with any	7908
instrumentality of the state, the minority business or EDGE	7909
business enterprise may bid or enter into a contract with a	7910
political subdivision of the state or with any instrumentality of	7911
a political subdivision valued at the level at which the minority	7912
business or EDGE business enterprise would qualify if entering	7913
into an additional contract with the state.	7914

(J) The director of development shall coordinate and oversee	7915
the unbonded state contractor program described in division (G) of	7916
this section, the unbonded political subdivision contractor	7917
program described in division (H) of this section, and the	7918
approval of a qualified contractor assistance program. The	7919
director shall prepare an annual report and submit it to the	7920
governor and the general assembly on or before the first day of	7921
February that includes the following: information on the	7922
director's activities for the preceding calendar year regarding	7923
the unbonded state contractor program, the unbonded political	7924
subdivision contractor program, and the qualified contractor	7925
assistance program; a summary and description of the operations	7926
and activities of these programs; an assessment of the	7927
achievements of these programs; and a recommendation as to whether	7928
these programs need to continue.	7929

(K) As used in this section:

7930

(1) "EDGE business enterprise" means an EDGE business	7931
enterprise certified under section 123.152 of the Revised Code.	7932

(2) "Qualified contractor assistance program" means an	7933
educational program or technical assistance program for business	7934
development that is designed to assist a minority business or EDGE	7935
business enterprise in becoming eligible for bonding and has been	7936
approved by the director of development for use as required under	7937
this section.	7938

(3) "Successfully completed a qualified contractor assistance	7939
program" means the minority business or EDGE business enterprise	7940
completed such a program on or after the effective date of this	7941
amendment.	7942

(4) "Unbonded state contractor program" means the program	7943
described in division (G) of this section.	7944

(5) "Unbonded political subdivision contractor program" means	7945
the program described in division (H) of this section.	7946

Sec. 123.01. (A) The department of administrative services,	7947
in addition to those powers enumerated in Chapters 124. and 125.	7948
of the Revised Code and provided elsewhere by law, shall exercise	7949
the following powers:	7950

(1) To prepare, or contract to be prepared, by licensed	7951
engineers or architects, surveys, general and detailed plans,	7952
specifications, bills of materials, and estimates of cost for any	7953
projects, improvements, or public buildings to be constructed by	7954
state agencies that may be authorized by legislative	7955
appropriations or any other funds made available therefor,	7956
provided that the construction of the projects, improvements, or	7957
public buildings is a statutory duty of the department. This	7958
section does not require the independent employment of an	7959
architect or engineer as provided by section 153.01 of the Revised	7960
Code in the cases to which that section applies nor affect or	7961
alter the existing powers of the director of transportation.	7962

(2) To have general supervision over the construction of any	7963
projects, improvements, or public buildings constructed for a	7964
state agency and over the inspection of materials previous to	7965
their incorporation into those projects, improvements, or	7966
buildings;	7967

(3) To make contracts for and supervise the construction of	7968
any projects and improvements or the construction and repair of	7969
buildings under the control of a state agency, except contracts	7970
for the repair of buildings under the management and control of	7971
the departments of public safety, job and family services, mental	7972
health, mental retardation and developmental disabilities,	7973
rehabilitation and correction, and youth services, the bureau of	7974
workers' compensation, the rehabilitation services commission, and	7975
boards of trustees of educational and benevolent institutions and	7976
except contracts for the construction of projects that do not	7977
require the issuance of a building permit or the issuance of a	7978
certificate of occupancy and that are necessary to remediate	7979
conditions at a hazardous waste facility, solid waste facility, or	7980
other location at which the director of environmental protection	7981
has reason to believe there is a substantial threat to public	7982
health or safety or the environment. These contracts shall be made	7983
and entered into by the directors of public safety, job and family	7984
services, mental health, mental retardation and developmental	7985
disabilities, rehabilitation and correction, and youth services,	7986
the administrator of workers' compensation, the rehabilitation	7987
services commission, the boards of trustees of such institutions,	7988
and the director of environmental protection, respectively. All	7989
such contracts may be in whole or in part on unit price basis of	7990
maximum estimated cost, with payment computed and made upon actual	7991
quantities or units.	7992

(4) To prepare and suggest comprehensive plans for the	7993
development of grounds and buildings under the control of a state	7994
agency;	7995

(5) To acquire, by purchase, gift, devise, lease, or grant,	7996
all real estate required by a state agency, in the exercise of	7997
which power the department may exercise the power of eminent	7998
domain, in the manner provided by sections 163.01 to 163.22 of the	7999
Revised Code;	8000

(6) To make and provide all plans, specifications, and models	8001
for the construction and perfection of all systems of sewerage,	8002
drainage, and plumbing for the state in connection with buildings	8003
and grounds under the control of a state agency;	8004

(7) To erect, supervise, and maintain all public monuments	8005
and memorials erected by the state, except where the supervision	8006
and maintenance is otherwise provided by law;	8007

(8) To procure, by lease, storage accommodations for a state	8008
agency;	8009

(9) To lease or grant easements or licenses for unproductive	8010
and unused lands or other property under the control of a state	8011
agency. Such leases, easements, or licenses shall be granted for a	8012
period not to exceed fifteen years and shall be executed for the	8013
state by the director of administrative services and the governor	8014
and shall be approved as to form by the attorney general, provided	8015
that leases, easements, or licenses may be granted to any county,	8016
township, municipal corporation, port authority, water or sewer	8017
district, school district, library district, health district, park	8018
district, soil and water conservation district, conservancy	8019
district, or other political subdivision or taxing district, or	8020
any agency of the United States government, for the exclusive use	8021
of that agency, political subdivision, or taxing district, without	8022
any right of sublease or assignment, for a period not to exceed	8023
fifteen years, and provided that the director shall grant leases,	8024
easements, or licenses of university land for periods not to	8025
exceed twenty-five years for purposes approved by the respective	8026
university's board of trustees wherein the uses are compatible	8027
with the uses and needs of the university and may grant leases of	8028
university land for periods not to exceed forty years for purposes	8029
approved by the respective university's board of trustees pursuant	8030
to section 123.77 of the Revised Code.	8031

(10) To lease ~~office~~ space ~~in buildings~~ for the use of a	8032
state agency;	8033

(11) To have general supervision and care of the storerooms,	8034
offices, and buildings leased for the use of a state agency;	8035

(12) To exercise general custodial care of all real property	8036
of the state;	8037

(13) To assign and group together state offices in any city	8038
in the state and to establish, in cooperation with the state	8039
agencies involved, rules governing space requirements for office	8040
or storage use;	8041

(14) To lease for a period not to exceed forty years,	8042
pursuant to a contract providing for the construction thereof	8043
under a lease-purchase plan, buildings, structures, and other	8044
improvements for any public purpose, and, in conjunction	8045
therewith, to grant leases, easements, or licenses for lands under	8046
the control of a state agency for a period not to exceed forty	8047
years. The lease-purchase plan shall provide that at the end of	8048
the lease period, the buildings, structures, and related	8049
improvements, together with the land on which they are situated,	8050
shall become the property of the state without cost.	8051

(a) Whenever any building, structure, or other improvement is	8052
to be so leased by a state agency, the department shall retain	8053
either basic plans, specifications, bills of materials, and	8054
estimates of cost with sufficient detail to afford bidders all	8055
needed information or, alternatively, all of the following plans,	8056
details, bills of materials, and specifications:	8057

(i) Full and accurate plans suitable for the use of mechanics	8058
and other builders in the improvement;	8059

(ii) Details to scale and full sized, so drawn and	8060
represented as to be easily understood;	8061

(iii) Accurate bills showing the exact quantity of different	8062
kinds of material necessary to the construction;	8063

(iv) Definite and complete specifications of the work to be	8064
performed, together with such directions as will enable a	8065
competent mechanic or other builder to carry them out and afford	8066
bidders all needed information;	8067

(v) A full and accurate estimate of each item of expense and	8068
of the aggregate cost thereof.	8069

(b) The department shall give public notice, in such	8070
newspaper, in such form, and with such phraseology as the director	8071
of administrative services prescribes, published once each week	8072
for four consecutive weeks, of the time when and place where bids	8073
will be received for entering into an agreement to lease to a	8074
state agency a building, structure, or other improvement. The last	8075
publication shall be at least eight days preceding the day for	8076
opening the bids. The bids shall contain the terms upon which the	8077
builder would propose to lease the building, structure, or other	8078
improvement to the state agency. The form of the bid approved by	8079
the department shall be used, and a bid is invalid and shall not	8080
be considered unless that form is used without change, alteration,	8081
or addition. Before submitting bids pursuant to this section, any	8082
builder shall comply with Chapter 153. of the Revised Code.	8083

(c) On the day and at the place named for receiving bids for	8084
entering into lease agreements with a state agency, the director	8085
of administrative services shall open the bids and shall publicly	8086
proceed immediately to tabulate the bids upon duplicate sheets. No	8087
lease agreement shall be entered into until the bureau of workers'	8088
compensation has certified that the person to be awarded the lease	8089
agreement has complied with Chapter 4123. of the Revised Code,	8090
until, if the builder submitting the lowest and best bid is a	8091
foreign corporation, the secretary of state has certified that the	8092
corporation is authorized to do business in this state, until, if	8093
the builder submitting the lowest and best bid is a person	8094
nonresident of this state, the person has filed with the secretary	8095
of state a power of attorney designating the secretary of state as	8096
its agent for the purpose of accepting service of summons in any	8097
action brought under Chapter 4123. of the Revised Code, and until	8098
the agreement is submitted to the attorney general and the	8099
attorney general's approval is certified thereon. Within thirty	8100
days after the day on which the bids are received, the department	8101
shall investigate the bids received and shall determine that the	8102
bureau and the secretary of state have made the certifications	8103
required by this section of the builder who has submitted the	8104
lowest and best bid. Within ten days of the completion of the	8105
investigation of the bids, the department shall award the lease	8106
agreement to the builder who has submitted the lowest and best bid	8107
and who has been certified by the bureau and secretary of state as	8108
required by this section. If bidding for the lease agreement has	8109
been conducted upon the basis of basic plans, specifications,	8110
bills of materials, and estimates of costs, upon the award to the	8111
builder the department, or the builder with the approval of the	8112
department, shall appoint an architect or engineer licensed in	8113
this state to prepare such further detailed plans, specifications,	8114
and bills of materials as are required to construct the building,	8115
structure, or improvement. The department shall adopt such rules	8116
as are necessary to give effect to this section. The department	8117
may reject any bid. Where there is reason to believe there is	8118
collusion or combination among bidders, the bids of those	8119
concerned therein shall be rejected.	8120

(15) To acquire by purchase, gift, devise, or grant and to	8121
transfer, lease, or otherwise dispose of all real property	8122
required to assist in the development of a conversion facility as	8123
defined in section 5709.30 of the Revised Code as that section	8124
existed before its repeal by Amended Substitute House Bill 95 of	8125
the 125th general assembly;	8126

(16) To lease for a period not to exceed forty years,	8127
notwithstanding any other division of this section, the	8128
state-owned property located at 408-450 East Town Street,	8129
Columbus, Ohio, formerly the state school for the deaf, to a	8130
developer in accordance with this section. "Developer," as used in	8131
this section, has the same meaning as in section 123.77 of the	8132
Revised Code.	8133

Such a lease shall be for the purpose of development of the	8134
land for use by senior citizens by constructing, altering,	8135
renovating, repairing, expanding, and improving the site as it	8136
existed on June 25, 1982. A developer desiring to lease the land	8137
shall prepare for submission to the department a plan for	8138
development. Plans shall include provisions for roads, sewers,	8139
water lines, waste disposal, water supply, and similar matters to	8140
meet the requirements of state and local laws. The plans shall	8141
also include provision for protection of the property by insurance	8142
or otherwise, and plans for financing the development, and shall	8143
set forth details of the developer's financial responsibility.	8144

The department may employ, as employees or consultants,	8145
persons needed to assist in reviewing the development plans. Those	8146
persons may include attorneys, financial experts, engineers, and	8147
other necessary experts. The department shall review the	8148
development plans and may enter into a lease if it finds all of	8149
the following:	8150

(a) The best interests of the state will be promoted by	8151
entering into a lease with the developer;	8152

(b) The development plans are satisfactory;

8153

(c) The developer has established the developer's financial	8154
responsibility and satisfactory plans for financing the	8155
development.	8156

The lease shall contain a provision that construction or	8157
renovation of the buildings, roads, structures, and other	8158
necessary facilities shall begin within one year after the date of	8159
the lease and shall proceed according to a schedule agreed to	8160
between the department and the developer or the lease will be	8161
terminated. The lease shall contain such conditions and	8162
stipulations as the director considers necessary to preserve the	8163
best interest of the state. Moneys received by the state pursuant	8164
to this lease shall be paid into the general revenue fund. The	8165
lease shall provide that at the end of the lease period the	8166
buildings, structures, and related improvements shall become the	8167
property of the state without cost.	8168

(17) To lease to any person any tract of land owned by the	8169
state and under the control of the department, or any part of such	8170
a tract, for the purpose of drilling for or the pooling of oil or	8171
gas. Such a lease shall be granted for a period not exceeding	8172
forty years, with the full power to contract for, determine the	8173
conditions governing, and specify the amount the state shall	8174
receive for the purposes specified in the lease, and shall be	8175
prepared as in other cases.	8176

(18) To manage the use of space owned and controlled by the	8177
department, including space in property under the jurisdiction of	8178
the Ohio building authority, by doing all of the following:	8179

(a) Biennially implementing, by state agency location, a	8180
census of agency employees assigned space;	8181

(b) Periodically in the discretion of the director of	8182
administrative services:	8183

(i) Requiring each state agency to categorize the use of	8184
space allotted to the agency between office space, common areas,	8185
storage space, and other uses, and to report its findings to the	8186
department;	8187

(ii) Creating and updating a master space utilization plan	8188
for all space allotted to state agencies. The plan shall	8189
incorporate space utilization metrics.	8190

(iii) Conducting a cost-benefit analysis to determine the	8191
effectiveness of state-owned buildings;	8192

(iv) Assessing the alternatives associated with consolidating	8193
the commercial leases for buildings located in Columbus.	8194

(c) Commissioning a comprehensive space utilization and	8195
capacity study in order to determine the feasibility of	8196
consolidating existing commercially leased space used by state	8197
agencies into a new state-owned facility.	8198

(B) This section and section 125.02 of the Revised Code shall	8199
not interfere with any of the following:	8200

(1) The power of the adjutant general to purchase military	8201
supplies, or with the custody of the adjutant general of property	8202
leased, purchased, or constructed by the state and used for	8203
military purposes, or with the functions of the adjutant general	8204
as director of state armories;	8205

(2) The power of the director of transportation in acquiring	8206
rights-of-way for the state highway system, or the leasing of	8207
lands for division or resident district offices, or the leasing of	8208
lands or buildings required in the maintenance operations of the	8209
department of transportation, or the purchase of real property for	8210
garage sites or division or resident district offices, or in	8211
preparing plans and specifications for and constructing such	8212
buildings as the director may require in the administration of the	8213
department;	8214

(3) The power of the director of public safety and the	8215
registrar of motor vehicles to purchase or lease real property and	8216
buildings to be used solely as locations to which a deputy	8217
registrar is assigned pursuant to division (B) of section 4507.011	8218
of the Revised Code and from which the deputy registrar is to	8219
conduct the deputy registrar's business, the power of the director	8220
of public safety to purchase or lease real property and buildings	8221
to be used as locations for division or district offices as	8222
required in the maintenance of operations of the department of	8223
public safety, and the power of the superintendent of the state	8224
highway patrol in the purchase or leasing of real property and	8225
buildings needed by the patrol, to negotiate the sale of real	8226
property owned by the patrol, to rent or lease real property owned	8227
or leased by the patrol, and to make or cause to be made repairs	8228
to all property owned or under the control of the patrol;	8229

(4) The power of the division of liquor control in the	8230
leasing or purchasing of retail outlets and warehouse facilities	8231
for the use of the division;	8232

(5) The power of the director of development to enter into	8233
leases of real property, buildings, and office space to be used	8234
solely as locations for the state's foreign offices to carry out	8235
the purposes of section 122.05 of the Revised Code;	8236

(6) The power of the director of environmental protection to	8237
enter into environmental covenants, to grant and accept easements,	8238
or to sell property pursuant to division (G) of section 3745.01 of	8239
the Revised Code.	8240

(C) Purchases for, and the custody and repair of, buildings	8241
under the management and control of the capitol square review and	8242
advisory board, the rehabilitation services commission, the bureau	8243
of workers' compensation, or the departments of public safety, job	8244
and family services, mental health, mental retardation and	8245
developmental disabilities, and rehabilitation and correction, and	8246
buildings of educational and benevolent institutions under the	8247
management and control of boards of trustees, are not subject to	8248
the control and jurisdiction of the department of administrative	8249
services.	8250

(D) Any instrument by which real property is acquired	8251
pursuant to this section shall identify the agency of the state	8252
that has the use and benefit of the real property as specified in	8253
section 5301.012 of the Revised Code.	8254

Sec. 124.03. (A) The state personnel board of review shall	8255
exercise the following powers and perform the following duties:	8256

(1) Hear appeals, as provided by law, of employees in the	8257
classified state service from final decisions of appointing	8258
authorities or the director of administrative services relative to	8259
reduction in pay or position, job abolishments, layoff,	8260
suspension, discharge, assignment or reassignment to a new or	8261
different position classification, or refusal of the director, or	8262
anybody authorized to perform the director's functions, to	8263
reassign an employee to another classification or to reclassify	8264
the employee's position with or without a job audit under division	8265
(D) of section 124.14 of the Revised Code. As used in this	8266
division, "discharge" includes disability separations.	8267

The state personnel board of review may affirm, disaffirm, or	8268
modify the decisions of the appointing authorities or the	8269
director, as the case may be, and its decision is final. The	8270
~~board's~~ decisions of the state personnel board of review shall be	8271
consistent with the applicable classification specifications.	8272

The state personnel board of review shall not be deprived of	8273
jurisdiction to hear any appeal due to the failure of an	8274
appointing authority to file its decision with the board. Any	8275
final decision of an appointing authority or of the director not	8276
filed in the manner provided in this chapter shall be disaffirmed.	8277

The state personnel board of review may place an exempt	8278
employee, as defined in section 124.152 of the Revised Code, into	8279
a bargaining unit classification, if the state personnel board of	8280
review determines that the bargaining unit classification is the	8281
proper classification for that employee. Notwithstanding Chapter	8282
4117. of the Revised Code or instruments and contracts negotiated	8283
under it, such placements are at the ~~board's~~ discretion of the	8284
state personnel board of review.	8285

The mere failure of an employee's appointing authority to	8286
file a statement with the department of administrative services	8287
indicating that the employee is in the unclassified civil service,	8288
or the mere late filing of such a statement, does not prevent the	8289
state personnel board of review from determining that the employee	8290
is in the unclassified civil service. In determining whether an	8291
employee is in the unclassified civil service, the state personnel	8292
board of review shall consider the inherent nature of the duties	8293
of the employee's classification during the two-year period	8294
immediately preceding the appointing authority's appealable action	8295
relating to the employee.	8296

In any hearing before the state personnel board of review,	8297
including any hearing at which a record is taken that may be the	8298
basis of an appeal to a court, an employee may be represented by a	8299
person permitted to practice before the state personnel board of	8300
review who is not an attorney at law as long as the person does	8301
not receive any compensation from the employee for the	8302
representation.	8303

(2) Hear appeals, as provided by law, of appointing	8304
authorities from final decisions of the director relative to the	8305
classification or reclassification of any position in the	8306
classified state service under the jurisdiction of that	8307
appointing authority. The state personnel board of review may	8308
affirm, disaffirm, or modify the decisions of the director, and	8309
its decision is final. The ~~board's~~ decisions of the state	8310
personnel board of review shall be consistent with the applicable	8311
classification specifications.	8312

(3) Exercise the authority provided by section 124.40 of the	8313
Revised Code, for appointment, removal, and supervision of	8314
municipal and civil service township civil service commissions;	8315

(4) ~~Appoint a secretary, referees, examiners, and whatever~~	8316
~~other~~Utilize employees ~~are necessary~~provided by the state	8317
employment relations board in the exercise of ~~its~~the powers and	8318
performance of ~~its~~the duties and functions~~. The~~of the state	8319
personnel board ~~shall determine appropriate education and~~	8320
~~experience requirements for its secretary, referees, examiners,~~	8321
~~and other employees and shall prescribe their duties. A referee or~~	8322
~~examiner does not need to have been admitted to the practice of~~	8323
~~law.~~of review under this chapter;	8324

(5) Maintain a journal that shall be open to public	8325
inspection, in which it shall keep a record of all of its	8326
proceedings and of the vote of each of its members upon every	8327
action taken by it;	8328

(6) Adopt rules in accordance with Chapter 119. of the	8329
Revised Code relating to the procedure of the state personnel	8330
board of review in administering the laws it has the authority or	8331
duty to administer and for the purpose of invoking the	8332
jurisdiction of the state personnel board of review in hearing	8333
appeals of appointing authorities and employees in matters set	8334
forth in divisions (A)(1) and (2) of this section;	8335

(7) Subpoena and require the attendance and testimony of	8336
witnesses and the production of books, papers, public records, and	8337
other documentary evidence pertinent to any matter it has	8338
authority to investigate, inquire into, or hear in the same manner	8339
and to the same extent as provided by division (G) of section	8340
124.09 of the Revised Code. All witness fees shall be paid in the	8341
manner set forth in that division.	8342

(B) The state personnel board of review shall exist as a	8343
separate entity within the administrative structure of the state	8344
employment relations board.	8345

(C) The state personnel board of review shall be funded by	8346
general revenue fund appropriations. All moneys received by the	8347
state personnel board of review for copies of documents, rule	8348
books, and transcriptions shall be paid into the state treasury to	8349
the credit of the ~~transcript and other documents~~training,	8350
publications, and grants fund~~, which is hereby~~ created ~~to defray~~	8351
~~the cost of producing an administrative record~~in section	8352
4117.24 of the Revised Code.	8353

Sec. 124.04. In addition to those powers enumerated in	8354
Chapters 123. and 125. of the Revised Code and as provided	8355
elsewhere by law, the powers, duties, and functions of the	8356
department of administrative services not specifically vested in	8357
and assigned to, or to be performed by, the state personnel board	8358
of review are hereby vested in and assigned to, and shall be	8359
performed by, the director of administrative services. These	8360
powers, duties, and functions shall include, but shall not be	8361
limited to, the following powers, duties, and functions:	8362

(A) To prepare, conduct, and grade all competitive	8363
examinations for positions in the classified state service;	8364

(B) To prepare, conduct, and grade all noncompetitive	8365
examinations for positions in the classified state service;	8366

(C) To prepare eligible lists containing the names of persons	8367
qualified for appointment to positions in the classified state	8368
service;	8369

(D) To prepare or amend, in accordance with section 124.14 of	8370
the Revised Code, specifications descriptive of duties,	8371
responsibilities, requirements, and desirable qualifications of	8372
the various classifications of positions in the state service;	8373

(E) To allocate and reallocate, upon the motion of the	8374
director or upon request of an appointing authority and in	8375
accordance with section 124.14 of the Revised Code, any position,	8376
office, or employment in the state service to the appropriate	8377
classification on the basis of the duties, responsibilities,	8378
requirements, and qualifications of that position, office, or	8379
employment;	8380

(F) To develop and conduct personnel recruitment services for	8381
positions in the state service;	8382

(G) To conduct research on specifications, classifications,	8383
and salaries of positions in the state service;	8384

(H) To develop and conduct personnel training programs,	8385
including supervisory training programs and best practices plans,	8386
and to develop merit hiring processes, in cooperation with	8387
appointing authorities;	8388

(I) To include periodically in communications sent to state	8389
employees both of the following:	8390

(1) Information developed under section 2108.34 of the	8391
Revised Code promoting the donation of anatomical gifts under	8392
Chapter 2108. of the Revised Code;	8393

(2) Information about the liver or kidney donor and bone	8394
marrow donor leave granted under section 124.139 of the Revised	8395
Code.	8396

(J) To enter into agreements with universities and colleges	8397
for in-service training of officers and employees in the civil	8398
service and to assist appointing authorities in recruiting	8399
qualified applicants;	8400

(K) To appoint examiners, inspectors, clerks, and other	8401
assistants necessary in the exercise of the powers and performance	8402
of the duties and functions which the director is by law	8403
authorized and required to exercise and perform, and to prescribe	8404
the duties of all of those employees;	8405

(L) To maintain a journal, which shall be open to public	8406
inspection, in which the director shall keep a record of the	8407
director's final decision pertaining to the classification or	8408
reclassification of positions in the classified civil service of	8409
the state and assignment or reassignment of employees in the	8410
classified civil service of the state to specific position	8411
classifications;	8412

(M) To delegate any of the powers, functions, or duties	8413
granted or assigned to the director under this chapter to any	8414
other state agency of this state as the director considers	8415
necessary;	8416

(N) To delegate any of the powers, functions, or duties	8417
granted or assigned to the director under this chapter to any	8418
political subdivision with the concurrence of the legislative	8419
authority of the political subdivision.	8420

(O) To administer a state equal employment opportunity	8421
program.	8422

Sec. 124.07. (A) The director of administrative services	8423
shall appoint examiners, inspectors, clerks, and other assistants	8424
as necessary to carry out sections 124.01 to 124.64 of the Revised	8425
Code. The director may designate persons in or out of the service	8426
of the state to serve as examiners or assistants under the	8427
director's direction. An examiner or assistant shall receive the	8428
compensation for each day actually and necessarily spent in the	8429
discharge of duties as an examiner or assistant that the director	8430
determines; provided that, if the examiner or assistant is in the	8431
service of the state or any political subdivision of the state, it	8432
shall be a part of the examiner's or assistant's official duties	8433
to render those services in connection with an examination without	8434
extra compensation.	8435

(B) Each state agency shall pay the cost of the services and	8436
facilities furnished to it by the department of administrative	8437
services that are necessary to provide and maintain payroll	8438
services as prescribed in section 125.21 of the Revised Code and	8439
state merit standards as prescribed in sections 124.01 to 124.64	8440
of the Revised Code for the agency. If a state-supported college	8441
or university or a municipal corporation chooses to use the	8442
services and facilities furnished by the department that are	8443
necessary to provide and maintain the services and standards so	8444
prescribed, the state-supported college or university or municipal	8445
corporation shall pay the cost of the services and facilities that	8446
the department furnishes to it. The charges against a state	8447
agency, a state-supported college or university, or a municipal	8448
corporation shall be computed on a reasonable cost basis in	8449
accordance with procedures prescribed by the director of budget	8450
and management. Any moneys the department receives from a state	8451
agency, a state-supported college or university, or a municipal	8452
corporation under this division that are in excess of the amount	8453
necessary to pay the cost of furnishing the department's services	8454
and facilities during any fiscal year shall be either refunded to	8455
or credited for the ensuing fiscal year to the state agency, the	8456
state-supported college or university, or the municipal	8457
corporation.	8458

(C) The director of administrative services may enter into an	8459
agreement with any county, municipal corporation, or other	8460
political subdivision to furnish services and facilities of the	8461
department in the administration of a merit program or other	8462
functions related to human resources that include, but are not	8463
limited to, providing competitive examinations for positions in	8464
the classified service. The agreement shall provide that the	8465
department shall be reimbursed for the reasonable costs of those	8466
services and facilities as determined by the director.	8467

(D) All moneys received by the department as reimbursement	8468
for ~~payroll,~~a merit program, or other human resources services	8469
performed and facilities furnished under this section, such as	8470
competitive examinations administered, shall be paid into the	8471
state treasury to the credit of the human resources services fund,	8472
which is hereby created.	8473

(E) In counties of the state in which are located cities	8474
having municipal civil service commissions, the director of	8475
administrative services may designate the municipal civil service	8476
commission of the largest city within the county as the director's	8477
agent for the purpose of carrying out the provisions of sections	8478
124.01 to 124.64 of the Revised Code, within the county, that the	8479
director designates. Each municipal civil service commission	8480
designated as an agent of the director shall render to the	8481
director, at the end of each month, an itemized statement of the	8482
cost incurred by the commission for work done as the agent of the	8483
director, and the director, after approving that statement, shall	8484
pay the total amount of it to the treasurer of the municipal	8485
corporation in the same manner as other expenses of the department	8486
of administrative services.	8487

(F) The director of administrative services and the	8488
examiners, inspectors, clerks, and assistants referred to in this	8489
section shall receive, in addition to their salaries,	8490
reimbursement for necessary traveling and other expenses incurred	8491
in the actual discharge of their official duties. The director may	8492
also incur the necessary expenses for stationery, printing, and	8493
other supplies incident to the business of the department.	8494

Sec. 124.11. The civil service of the state and the several	8495
counties, cities, civil service townships, city health districts,	8496
general health districts, and city school districts of the state	8497
shall be divided into the unclassified service and the classified	8498
service.	8499

(A) The unclassified service shall comprise the following	8500
positions, which shall not be included in the classified service,	8501
and which shall be exempt from all examinations required by this	8502
chapter:	8503

(1) All officers elected by popular vote or persons appointed	8504
to fill vacancies in those offices;	8505

(2) All election officers as defined in section 3501.01 of	8506
the Revised Code;	8507

(3)(a) The members of all boards and commissions, and heads	8508
of principal departments, boards, and commissions appointed by the	8509
governor or by and with the governor's consent;	8510

(b) The heads of all departments appointed by a board of	8511
county commissioners;	8512

(c) The members of all boards and commissions and all heads	8513
of departments appointed by the mayor, or, if there is no mayor,	8514
such other similar chief appointing authority of any city or city	8515
school district;	8516

Except as otherwise provided in division (A)(17) or (C) of	8517
this section, this chapter does not exempt the chiefs of police	8518
departments and chiefs of fire departments of cities or civil	8519
service townships from the competitive classified service.	8520

(4) The members of county or district licensing boards or	8521
commissions and boards of revision, and not more than five deputy	8522
county auditors;	8523

(5) All officers and employees elected or appointed by either	8524
or both branches of the general assembly, and employees of the	8525
city legislative authority engaged in legislative duties;	8526

(6) All commissioned, warrant, and noncommissioned officers	8527
and enlisted persons in the Ohio organized militia, including	8528
military appointees in the adjutant general's department;	8529

(7)(a) All presidents, business managers, administrative	8530
officers, superintendents, assistant superintendents, principals,	8531
deans, assistant deans, instructors, teachers, and such employees	8532
as are engaged in educational or research duties connected with	8533
the public school system, colleges, and universities, as	8534
determined by the governing body of the public school system,	8535
colleges, and universities;	8536

(b) The library staff of any library in the state supported	8537
wholly or in part at public expense.	8538

(8) Four clerical and administrative support employees for	8539
each of the elective state officers, four clerical and	8540
administrative support employees for each board of county	8541
commissioners and one such employee for each county commissioner,	8542
and four clerical and administrative support employees for other	8543
elective officers and each of the principal appointive executive	8544
officers, boards, or commissions, except for civil service	8545
commissions, that are authorized to appoint such clerical and	8546
administrative support employees;	8547

(9) The deputies and assistants of state agencies authorized	8548
to act for and on behalf of the agency, or holding a fiduciary or	8549
administrative relation to that agency and those persons employed	8550
by and directly responsible to elected county officials or a	8551
county administrator and holding a fiduciary or administrative	8552
relationship to such elected county officials or county	8553
administrator, and the employees of such county officials whose	8554
fitness would be impracticable to determine by competitive	8555
examination, provided that division (A)(9) of this section shall	8556
not affect those persons in county employment in the classified	8557
service as of September 19, 1961. Nothing in division (A)(9) of	8558
this section applies to any position in a county department of job	8559
and family services created pursuant to Chapter 329. of the	8560
Revised Code.	8561

(10) Bailiffs, constables, official stenographers, and	8562
commissioners of courts of record, deputies of clerks of the	8563
courts of common pleas who supervise or who handle public moneys	8564
or secured documents, and such officers and employees of courts of	8565
record and such deputies of clerks of the courts of common pleas	8566
as the director of administrative services finds it impracticable	8567
to determine their fitness by competitive examination;	8568

(11) Assistants to the attorney general, special counsel	8569
appointed or employed by the attorney general, assistants to	8570
county prosecuting attorneys, and assistants to city directors of	8571
law;	8572

(12) Such teachers and employees in the agricultural	8573
experiment stations; such students in normal schools, colleges,	8574
and universities of the state who are employed by the state or a	8575
political subdivision of the state in student or intern	8576
classifications; and such unskilled labor positions as the	8577
director of administrative services or any municipal civil service	8578
commission may find it impracticable to include in the competitive	8579
classified service; provided such exemptions shall be by order of	8580
the commission or the director, duly entered on the record of the	8581
commission or the director with the reasons for each such	8582
exemption;	8583

(13) Any physician or dentist who is a full-time employee of	8584
the department of mental health, the department of mental	8585
retardation and developmental disabilities, or an institution	8586
under the jurisdiction of either department; and physicians who	8587
are in residency programs at the institutions;	8588

(14) Up to twenty positions at each institution under the	8589
jurisdiction of the department of mental health or the department	8590
of mental retardation and developmental disabilities that the	8591
department director determines to be primarily administrative or	8592
managerial; and up to fifteen positions in any division of either	8593
department, excluding administrative assistants to the director	8594
and division chiefs, which are within the immediate staff of a	8595
division chief and which the director determines to be primarily	8596
and distinctively administrative and managerial;	8597

(15) Noncitizens of the United States employed by the state,	8598
or its counties or cities, as physicians or nurses who are duly	8599
licensed to practice their respective professions under the laws	8600
of this state, or medical assistants, in mental or chronic disease	8601
hospitals, or institutions;	8602

(16) Employees of the governor's office;

8603

(17) Fire chiefs and chiefs of police in civil service	8604
townships appointed by boards of township trustees under section	8605
505.38 or 505.49 of the Revised Code;	8606

(18) Executive directors, deputy directors, and program	8607
directors employed by boards of alcohol, drug addiction, and	8608
mental health services under Chapter 340. of the Revised Code, and	8609
secretaries of the executive directors, deputy directors, and	8610
program directors;	8611

(19) Superintendents, and management employees as defined in	8612
section 5126.20 of the Revised Code, of county boards of mental	8613
retardation and developmental disabilities;	8614

(20) Physicians, nurses, and other employees of a county	8615
hospital who are appointed pursuant to sections 339.03 and 339.06	8616
of the Revised Code;	8617

(21) The executive director of the state medical board, who	8618
is appointed pursuant to division (B) of section 4731.05 of the	8619
Revised Code;	8620

(22) County directors of job and family services as provided	8621
in section 329.02 of the Revised Code and administrators appointed	8622
under section 329.021 of the Revised Code;	8623

(23) A director of economic development who is hired pursuant	8624
to division (A) of section 307.07 of the Revised Code;	8625

(24) Chiefs of construction and compliance, of operations and	8626
maintenance, of worker protection, and of licensing and	8627
certification in the division of ~~industrial compliance~~labor in	8628
the department of commerce;	8629

(25) The executive director of a county transit system	8630
appointed under division (A) of section 306.04 of the Revised	8631
Code;	8632

(26) Up to five positions at each of the administrative	8633
departments listed in section 121.02 of the Revised Code and at	8634
the department of taxation, department of the adjutant general,	8635
department of education, Ohio board of regents, bureau of workers'	8636
compensation, industrial commission, state lottery commission, and	8637
public utilities commission of Ohio that the head of that	8638
administrative department or of that other state agency determines	8639
to be involved in policy development and implementation. The head	8640
of the administrative department or other state agency shall set	8641
the compensation for employees in these positions at a rate that	8642
is not less than the minimum compensation specified in pay range	8643
41 but not more than the maximum compensation specified in pay	8644
range 44 of salary schedule E-2 in section 124.152 of the Revised	8645
Code. The authority to establish positions in the unclassified	8646
service under division (A)(26) of this section is in addition to	8647
and does not limit any other authority that an administrative	8648
department or state agency has under the Revised Code to establish	8649
positions, appoint employees, or set compensation.	8650

(27) Employees of the department of agriculture employed	8651
under section 901.09 of the Revised Code;	8652

(28) For cities, counties, civil service townships, city	8653
health districts, general health districts, and city school	8654
districts, the deputies and assistants of elective or principal	8655
executive officers authorized to act for and in the place of their	8656
principals or holding a fiduciary relation to their principals;	8657

(29) Employees who receive intermittent or temporary	8658
appointments under division (B) of section 124.30 of the Revised	8659
Code;	8660

(30) Employees appointed to administrative staff positions	8661
for which an appointing authority is given specific statutory	8662
authority to set compensation;	8663

(31) Employees appointed to highway patrol cadet or highway	8664
patrol cadet candidate classifications;	8665

(32) Employees placed in the unclassified service by another	8666
section of the Revised Code.	8667

(B) The classified service shall comprise all persons in the	8668
employ of the state and the several counties, cities, city health	8669
districts, general health districts, and city school districts of	8670
the state, not specifically included in the unclassified service.	8671
Upon the creation by the board of trustees of a civil service	8672
township civil service commission, the classified service shall	8673
also comprise, except as otherwise provided in division (A)(17) or	8674
(C) of this section, all persons in the employ of a civil service	8675
township police or fire department having ten or more full-time	8676
paid employees. The classified service consists of two classes,	8677
which shall be designated as the competitive class and the	8678
unskilled labor class.	8679

(1) The competitive class shall include all positions and	8680
employments in the state and the counties, cities, city health	8681
districts, general health districts, and city school districts of	8682
the state, and, upon the creation by the board of trustees of a	8683
civil service township of a township civil service commission, all	8684
positions in a civil service township police or fire department	8685
having ten or more full-time paid employees, for which it is	8686
practicable to determine the merit and fitness of applicants by	8687
competitive examinations. Appointments shall be made to, or	8688
employment shall be given in, all positions in the competitive	8689
class that are not filled by promotion, reinstatement, transfer,	8690
or reduction, as provided in this chapter, and the rules of the	8691
director of administrative services, by appointment from those	8692
certified to the appointing officer in accordance with this	8693
chapter.	8694

(2) The unskilled labor class shall include ordinary	8695
unskilled laborers. Vacancies in the labor class for positions in	8696
service of the state shall be filled by appointment from lists of	8697
applicants registered by the director. Vacancies in the labor	8698
class for all other positions shall be filled by appointment from	8699
lists of applicants registered by a commission. The director or	8700
the commission, as applicable, by rule, shall require an applicant	8701
for registration in the labor class to furnish evidence or take	8702
tests as the director or commission considers proper with respect	8703
to age, residence, physical condition, ability to labor, honesty,	8704
sobriety, industry, capacity, and experience in the work or	8705
employment for which application is made. Laborers who fulfill the	8706
requirements shall be placed on the eligible list for the kind of	8707
labor or employment sought, and preference shall be given in	8708
employment in accordance with the rating received from that	8709
evidence or in those tests. Upon the request of an appointing	8710
officer, stating the kind of labor needed, the pay and probable	8711
length of employment, and the number to be employed, the director	8712
or commission, as applicable, shall certify from the highest on	8713
the list double the number to be employed; from this number, the	8714
appointing officer shall appoint the number actually needed for	8715
the particular work. If more than one applicant receives the same	8716
rating, priority in time of application shall determine the order	8717
in which their names shall be certified for appointment.	8718

(C) A municipal or civil service township civil service	8719
commission may place volunteer firefighters who are paid on a	8720
fee-for-service basis in either the classified or the unclassified	8721
civil service.	8722

(D) This division does not apply to persons in the	8723
unclassified service who have the right to resume positions in the	8724
classified service under sections 4121.121, 5119.071, 5120.38,	8725
5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised	8726
Code.	8727

An appointing authority whose employees are paid directly by	8728
warrant of the director of budget and management may appoint a	8729
person who holds a certified position in the classified service	8730
within the appointing authority's agency to a position in the	8731
unclassified service within that agency. A person appointed	8732
pursuant to this division to a position in the unclassified	8733
service shall retain the right to resume the position and status	8734
held by the person in the classified service immediately prior to	8735
the person's appointment to the position in the unclassified	8736
service, regardless of the number of positions the person held in	8737
the unclassified service. An employee's right to resume a position	8738
in the classified service may only be exercised when an appointing	8739
authority demotes the employee to a pay range lower than the	8740
employee's current pay range or revokes the employee's appointment	8741
to the unclassified service. An employee forfeits the right to	8742
resume a position in the classified service when the employee is	8743
removed from the position in the unclassified service due to	8744
incompetence, inefficiency, dishonesty, drunkenness, immoral	8745
conduct, insubordination, discourteous treatment of the public,	8746
neglect of duty, violation of this chapter or the rules of the	8747
director of administrative services, any other failure of good	8748
behavior, any other acts of misfeasance, malfeasance, or	8749
nonfeasance in office, or conviction of a felony. An employee also	8750
forfeits the right to resume a position in the classified service	8751
upon transfer to a different agency.	8752

Reinstatement to a position in the classified service shall	8753
be to a position substantially equal to that position in the	8754
classified service held previously, as certified by the director	8755
of administrative services. If the position the person previously	8756
held in the classified service has been placed in the unclassified	8757
service or is otherwise unavailable, the person shall be appointed	8758
to a position in the classified service within the appointing	8759
authority's agency that the director of administrative services	8760
certifies is comparable in compensation to the position the person	8761
previously held in the classified service. Service in the position	8762
in the unclassified service shall be counted as service in the	8763
position in the classified service held by the person immediately	8764
prior to the person's appointment to the position in the	8765
unclassified service. When a person is reinstated to a position in	8766
the classified service as provided in this division, the person is	8767
entitled to all rights, status, and benefits accruing to the	8768
position in the classified service during the person's time of	8769
service in the position in the unclassified service.	8770

Sec. 124.134. (A) Each full-time permanent state employee	8771
paid in accordance with section 124.152 of the Revised Code and	8772
those employees listed in divisions (B)(2) and (4) of section	8773
124.14 of the Revised Code~~, after service of one year, shall have~~	8774
~~earned and will be due upon the attainment of the first year of~~	8775
~~employment, and annually thereafter, eighty hours of vacation~~	8776
~~leave with full pay. One year of service shall be computed on the~~	8777
~~basis of twenty-six biweekly pay periods. A full-time permanent~~	8778
~~state employee with five or more years of service shall have~~	8779
~~earned and is entitled to one hundred twenty hours of vacation~~	8780
~~leave with full pay. A full-time permanent state employee with ten~~	8781
~~or more years of service shall have earned and is entitled to one~~	8782
~~hundred sixty hours of vacation leave with full pay. A full-time~~	8783
~~permanent state employee with fifteen or more years of service~~	8784
~~shall have earned and is entitled to one hundred eighty hours of~~	8785
~~vacation leave with full pay. A full-time permanent state employee~~	8786
~~with twenty or more years of service shall have earned and is~~	8787
~~entitled to two hundred hours of vacation leave with full pay. A~~	8788
~~full-time permanent state employee with twenty-five or more years~~	8789
~~of service shall have earned and is entitled to two hundred forty~~	8790
~~hours of vacation leave with full pay. Such vacation leave shall~~	8791
~~accrue to the employee at the rate of three and one-tenth hours~~	8792
~~each biweekly period for those entitled to eighty hours per year;~~	8793
~~four and six-tenths hours each biweekly period for those entitled~~	8794
~~to one hundred twenty hours per year; six and two-tenths hours~~	8795
~~each biweekly period for those entitled to one hundred sixty hours~~	8796
~~per year; six and nine-tenths hours each biweekly period for those~~	8797
~~entitled to one hundred eighty hours per year; seven and~~	8798
~~seven-tenths hours each biweekly period for those entitled to two~~	8799
~~hundred hours per year; and nine and two-tenths hours each~~	8800
~~biweekly period for those entitled to two hundred forty hours per~~	8801
~~year~~shall be credited with vacation leave with full pay according	8802
to length of service and accruing at a corresponding rate per	8803
biweekly pay period, as follows:	8804

Length of Service	Accrual Rate Per Pay Period	8805
Less than 4 years	3.1 hours	8806
4 but less than 9 years	4.6 hours	8807
9 but less than 14 years	6.2 hours	8808
14 but less than 19 years	6.9 hours	8809
19 but less than 24 years	7.7 hours	8810
24 years or more	9.2 hours	8811

Fifty-two weeks equal one year of service.

8812

The amount of an employee's service shall be determined in	8813
accordance with the standard specified in section 9.44 of the	8814
Revised Code. Credit for prior service, including an increased	8815
vacation accrual rate and longevity supplement, shall take effect	8816
during the first pay period that begins immediately following the	8817
date the director of administrative services approves granting	8818
credit for that prior service. No employee, other than an employee	8819
who submits proof of prior service within ninety days after the	8820
date of the employee's hiring, shall receive any amount of	8821
vacation leave for the period prior to the date of the director's	8822
approval of the grant of credit for prior service.	8823

Part-time permanent employees who are paid in accordance with	8824
section 124.152 of the Revised Code and full-time permanent	8825
employees subject to this section who are in active pay status for	8826
less than eighty hours in a pay period shall earn vacation leave	8827
on a prorated basis. The ratio between the hours worked and the	8828
vacation hours earned by these classes of employees shall be the	8829
same as the ratio between the hours worked and the vacation hours	8830
earned by a full-time permanent employee with the same amount of	8831
service as provided for in this section.	8832

Vacation leave is not available for use until it appears on	8833
the employee's earning statement and the compensation described in	8834
the earning statement is available to the employee. An employee	8835
may begin using accrued vacation leave upon completion of the	8836
employee's initial probation period. A probationary period that	8837
follows a separation from service that is less than thirty-one	8838
days is not considered an initial probation period for purposes of	8839
this section.	8840

(B) Employees granted leave under this section shall forfeit	8841
their right to take or to be paid for any vacation leave to their	8842
credit which is in excess of the accrual for three years. Any	8843
excess leave shall be eliminated from the employees' leave	8844
balance. ~~If an~~	8845

(C) Except as provided in division (D) of this section,	8846
beginning in fiscal year 2012, an employee may be paid for up to	8847
eighty hours of vacation leave each fiscal year if the employee	8848
requested and was denied the use of vacation leave during that	8849
fiscal year. No employee shall receive payment for more than	8850
eighty hours of denied vacation leave in a single fiscal year. An	8851
employee is only eligible to receive payment for vacation leave	8852
when the employee's vacation leave credit is at, or will reach in	8853
the immediately following pay period, the maximum of the accrual	8854
for three years and the employee has been denied the use of	8855
vacation leave ~~during the immediately preceding twelve months,~~	8856
~~the employee, at the employee's request, shall be paid in a pay~~	8857
~~period for the vacation leave the employee was denied, up to the~~	8858
~~maximum amount the employee would be entitled to be paid for in~~	8859
~~any pay period~~. An employee is not entitled to receive payment for	8860
vacation leave denied in any pay period in which the employee's	8861
vacation leave credit is not at, or will not reach in the	8862
immediately following pay period, the maximum of accrual for three	8863
years. Any vacation leave for which an employee receives payment	8864
shall be deducted from the employee's vacation leave balance.	8865
~~Payment shall not be made for any leave accrued in the same~~	8866
~~calendar year in which the payment is made.~~No employee is	8867
eligible to receive payment for denied vacation leave in either	8868
fiscal year 2010 or fiscal year 2011.	8869

(D) The supreme court, general assembly, secretary of state,	8870
auditor of state, treasurer of state, and attorney general may	8871
establish by policy an alternate payment structure for employees	8872
whose vacation leave credit is at, or will reach in the	8873
immediately following pay period, the maximum of accrual for three	8874
years and the employee has been denied the use of vacation leave.	8875
An employee is not entitled to receive payment for vacation leave	8876
denied in any pay period in which the employee's vacation leave	8877
credit is not at, or will not reach in the immediately following	8878
pay period, the maximum of accrual for three years. Any vacation	8879
leave for which the employee receives payment shall be deducted	8880
from the employee's vacation leave balance.	8881

~~(C)~~(E) Upon separation from state service, an employee	8882
granted leave under this section is entitled to compensation at	8883
the employee's current rate of pay for all unused vacation leave	8884
accrued under this section or section 124.13 of the Revised Code	8885
to the employee's credit. In case of transfer of an employee from	8886
one state agency to another, the employee shall retain the accrued	8887
and unused vacation leave. In case of the death of an employee,	8888
the unused vacation leave shall be paid in accordance with section	8889
2113.04 of the Revised Code, or to the employee's estate. An	8890
employee serving in a temporary work level who is eligible to	8891
receive compensation under this division shall be compensated at	8892
the base rate of pay of the employee's normal classification.	8893

Sec. 124.14. (A)(1) The director of administrative services	8894
shall establish, and may modify or rescind, by rule, a job	8895
classification plan for all positions, offices, and employments	8896
the salaries of which are paid in whole or in part by the state.	8897
The director shall group jobs within a classification so that the	8898
positions are similar enough in duties and responsibilities to be	8899
described by the same title, to have the same pay assigned with	8900
equity, and to have the same qualifications for selection applied.	8901
The director shall, by rule, assign a classification title to each	8902
classification within the classification plan. However, the	8903
director shall consider in establishing classifications, including	8904
classifications with parenthetical titles, and assigning pay	8905
ranges such factors as duties performed only on one shift, special	8906
skills in short supply in the labor market, recruitment problems,	8907
separation rates, comparative salary rates, the amount of training	8908
required, and other conditions affecting employment. The director	8909
shall describe the duties and responsibilities of the class,	8910
establish the qualifications for being employed in each position	8911
in the class, and file with the secretary of state a copy of	8912
specifications for all of the classifications. The director shall	8913
file new, additional, or revised specifications with the secretary	8914
of state before they are used.	8915

The director shall, by rule, assign each classification,	8916
either on a statewide basis or in particular counties or state	8917
institutions, to a pay range established under section 124.15 or	8918
section 124.152 of the Revised Code. The director may assign a	8919
classification to a pay range on a temporary basis for a period of	8920
six months. The director may establish, by rule adopted under	8921
Chapter 119. of the Revised Code, experimental classification	8922
plans for some or all employees paid directly by warrant of the	8923
director of budget and management. The rule shall include	8924
specifications for each classification within the plan and shall	8925
specifically address compensation ranges, and methods for	8926
advancing within the ranges, for the classifications, which may be	8927
assigned to pay ranges other than the pay ranges established under	8928
section 124.15 or 124.152 of the Revised Code.	8929

(2) The director of administrative services may reassign to a	8930
proper classification those positions that have been assigned to	8931
an improper classification. If the compensation of an employee in	8932
such a reassigned position exceeds the maximum rate of pay for the	8933
employee's new classification, the employee shall be placed in pay	8934
step X and shall not receive an increase in compensation until the	8935
maximum rate of pay for that classification exceeds the employee's	8936
compensation.	8937

(3) The director may reassign an exempt employee, as defined	8938
in section 124.152 of the Revised Code, to a bargaining unit	8939
classification if the director determines that the bargaining unit	8940
classification is the proper classification for that employee.	8941
Notwithstanding Chapter 4117. of the Revised Code or instruments	8942
and contracts negotiated under it, these placements are at the	8943
director's discretion.	8944

(4) The director shall, by rule, assign related	8945
classifications, which form a career progression, to a	8946
classification series. The director shall, by rule, assign each	8947
classification in the classification plan a five-digit number, the	8948
first four digits of which shall denote the classification series	8949
to which the classification is assigned. When a career progression	8950
encompasses more than ten classifications, the director shall, by	8951
rule, identify the additional classifications belonging to a	8952
classification series. The additional classifications shall be	8953
part of the classification series, notwithstanding the fact that	8954
the first four digits of the number assigned to the additional	8955
classifications do not correspond to the first four digits of the	8956
numbers assigned to other classifications in the classification	8957
series.	8958

(5) The director~~, in accordance with rules adopted under~~	8959
~~Chapter 119. of the Revised Code, shall establish, and~~ may	8960
establish, modify, or rescind, a classification plan for county	8961
agencies that elect not to use the services and facilities of a	8962
county personnel department. The director shall establish any such	8963
classification plan by means of rules adopted under Chapter 119.	8964
of the Revised Code. The rules shall include a methodology for the	8965
establishment of titles unique to county agencies, the use of	8966
state classification titles and classification specifications for	8967
common positions, the criteria for a county to meet in	8968
establishing its own classification plan, and the establishment of	8969
what constitutes a classification series for county agencies. The	8970
director may assess a county agency that chooses to use the	8971
classification plan a usage fee the director determines. All usage	8972
fees the department of administrative services receives shall be	8973
paid into the state treasury to the credit of the human resources	8974
fund created in section 124.07 of the Revised Code.	8975

(B) Division (A) of this section and sections 124.15 and	8976
124.152 of the Revised Code do not apply to the following persons,	8977
positions, offices, and employments:	8978

(1) Elected officials;

8979

(2) Legislative employees, employees of the legislative	8980
service commission, employees in the office of the governor,	8981
employees who are in the unclassified civil service and exempt	8982
from collective bargaining coverage in the office of the secretary	8983
of state, auditor of state, treasurer of state, and attorney	8984
general, and employees of the supreme court;	8985

(3) Employees of a county children services board that	8986
establishes compensation rates under section 5153.12 of the	8987
Revised Code;	8988

(4) Any position for which the authority to determine	8989
compensation is given by law to another individual or entity;	8990

(5) Employees of the bureau of workers' compensation whose	8991
compensation the administrator of workers' compensation	8992
establishes under division (B) of section 4121.121 of the Revised	8993
Code.	8994

(C) The director may employ a consulting agency to aid and	8995
assist the director in carrying out this section.	8996

(D)(1) When the director proposes to modify a classification	8997
or the assignment of classes to appropriate pay ranges, the	8998
director shall send written notice of the proposed rule to the	8999
appointing authorities of the affected employees thirty days	9000
before a hearing on the proposed rule. The appointing authorities	9001
shall notify the affected employees regarding the proposed rule.	9002
The director also shall send those appointing authorities notice	9003
of any final rule that is adopted within ten days after adoption.	9004

(2) When the director proposes to reclassify any employee so	9005
that the employee is adversely affected, the director shall give	9006
to the employee affected and to the employee's appointing	9007
authority a written notice setting forth the proposed new	9008
classification, pay range, and salary. Upon the request of any	9009
classified employee who is not serving in a probationary period,	9010
the director shall perform a job audit to review the	9011
classification of the employee's position to determine whether the	9012
position is properly classified. The director shall give to the	9013
employee affected and to the employee's appointing authority a	9014
written notice of the director's determination whether or not to	9015
reclassify the position or to reassign the employee to another	9016
classification. An employee or appointing authority desiring a	9017
hearing shall file a written request for the hearing with the	9018
state personnel board of review within thirty days after receiving	9019
the notice. The board shall set the matter for a hearing and	9020
notify the employee and appointing authority of the time and place	9021
of the hearing. The employee, the appointing authority, or any	9022
authorized representative of the employee who wishes to submit	9023
facts for the consideration of the board shall be afforded	9024
reasonable opportunity to do so. After the hearing, the board	9025
shall consider anew the reclassification and may order the	9026
reclassification of the employee and require the director to	9027
assign the employee to such appropriate classification as the	9028
facts and evidence warrant. As provided in division (A)(1) of	9029
section 124.03 of the Revised Code, the board may determine the	9030
most appropriate classification for the position of any employee	9031
coming before the board, with or without a job audit. The board	9032
shall disallow any reclassification or reassignment classification	9033
of any employee when it finds that changes have been made in the	9034
duties and responsibilities of any particular employee for	9035
political, religious, or other unjust reasons.	9036

(E)(1) Employees of each county department of job and family	9037
services shall be paid a salary or wage established by the board	9038
of county commissioners. The provisions of section 124.18 of the	9039
Revised Code concerning the standard work week apply to employees	9040
of county departments of job and family services. A board of	9041
county commissioners may do either of the following:	9042

(a) Notwithstanding any other section of the Revised Code,	9043
supplement the sick leave, vacation leave, personal leave, and	9044
other benefits of any employee of the county department of job and	9045
family services of that county, if the employee is eligible for	9046
the supplement under a written policy providing for the	9047
supplement;	9048

(b) Notwithstanding any other section of the Revised Code,	9049
establish alternative schedules of sick leave, vacation leave,	9050
personal leave, or other benefits for employees not inconsistent	9051
with the provisions of a collective bargaining agreement covering	9052
the affected employees.	9053

(2) Division (E)(1) of this section does not apply to	9054
employees for whom the state employment relations board	9055
establishes appropriate bargaining units pursuant to section	9056
4117.06 of the Revised Code, except in either of the following	9057
situations:	9058

(a) The employees for whom the state employment relations	9059
board establishes appropriate bargaining units elect no	9060
representative in a board-conducted representation election.	9061

(b) After the state employment relations board establishes	9062
appropriate bargaining units for such employees, all employee	9063
organizations withdraw from a representation election.	9064

(F)(1) Notwithstanding any contrary provision of sections	9065
124.01 to 124.64 of the Revised Code, the board of trustees of	9066
each state university or college, as defined in section 3345.12 of	9067
the Revised Code, shall carry out all matters of governance	9068
involving the officers and employees of the university or college,	9069
including, but not limited to, the powers, duties, and functions	9070
of the department of administrative services and the director of	9071
administrative services specified in this chapter. Officers and	9072
employees of a state university or college shall have the right of	9073
appeal to the state personnel board of review as provided in this	9074
chapter.	9075

(2) Each board of trustees shall adopt rules under section	9076
111.15 of the Revised Code to carry out the matters of governance	9077
described in division (F)(1) of this section. Until the board of	9078
trustees adopts those rules, a state university or college shall	9079
continue to operate pursuant to the applicable rules adopted by	9080
the director of administrative services under this chapter.	9081

(G)(1) Each board of county commissioners may, by a	9082
resolution adopted by a majority of its members, establish a	9083
county personnel department to exercise the powers, duties, and	9084
functions specified in division (G) of this section. As used in	9085
division (G) of this section, "county personnel department" means	9086
a county personnel department established by a board of county	9087
commissioners under division (G)(1) of this section.	9088

(2)(a) Each board of county commissioners, by a resolution	9089
adopted by a majority of its members, may designate the county	9090
personnel department of the county to exercise the powers, duties,	9091
and functions ~~of the department of administrative services and the~~	9092
~~director of administrative services~~ specified in sections 124.01	9093
to 124.64 and Chapter 325. of the Revised Code with regard to	9094
employees in the service of the county, except for the powers and	9095
duties of the state personnel board of review, which powers and	9096
duties shall not be construed as having been modified or	9097
diminished in any manner by division (G)(2) of this section, with	9098
respect to the employees for whom the board of county	9099
commissioners is the appointing authority or co-appointing	9100
authority. ~~The board of county commissioners shall deliver a~~	9101
~~certified copy of the resolution to the director of administrative~~	9102
~~services not later than ten working days after the resolution is~~	9103
~~adopted, and the director shall inform the board in a writing sent~~	9104
~~by certified mail of the date of receipt of the copy of the~~	9105
~~resolution.~~	9106

(b) ~~Upon the director's receipt of the copy of the~~	9107
~~resolution, the powers, duties, and functions referred to in~~	9108
~~division (G)(2)(a) of this section that may be exercised shall be~~	9109
~~vested in and assigned to the county personnel department with~~	9110
~~respect to the employees for whom the board of county~~	9111
~~commissioners is the appointing authority or co-appointing~~	9112
~~authority.~~	9113

~~(c)~~ Nothing in division (G)(2) of this section shall be	9114
construed to limit the right of any employee who possesses the	9115
right of appeal to the state personnel board of review to continue	9116
to possess that right of appeal.	9117

~~(d)~~(c) Any board of county commissioners that has established	9118
a county personnel department may contract with the department of	9119
administrative services, another political subdivision, or an	9120
appropriate public or private entity to provide competitive	9121
testing services or other appropriate services.	9122

(3) After the county personnel department of a county has	9123
~~assumed the powers, duties, and functions of the department of~~	9124
~~administrative services and the director of administrative~~	9125
~~services~~been established as described in division (G)(2) of this	9126
section, any elected official, board, agency, or other appointing	9127
authority of that county, upon written notification to the	9128
~~director~~county personnel department, may elect to use the	9129
services and facilities of the county personnel department. Upon	9130
~~the acceptance by the director of that written notification~~	9131
receipt of the notification by the county personnel department,	9132
the county personnel department shall exercise the powers, duties,	9133
and functions ~~of the department of administrative services and the~~	9134
~~director~~ as described in division (G)(2) of this section with	9135
respect to the employees of that elected official, board, agency,	9136
or other appointing authority. ~~The director shall inform the~~	9137
~~elected official, board, agency, or other appointing authority in~~	9138
~~a writing sent by certified mail of the date of acceptance of that~~	9139
~~written notification. Except for those employees under the~~	9140
~~jurisdiction of the county personnel department, the director~~	9141
~~shall continue to exercise these powers, duties, and functions~~	9142
~~with respect to employees of the county.~~	9143

(4) ~~When at least two years have passed since the creation of~~	9144
~~a county personnel department, a~~Each board of county	9145
commissioners, by a resolution adopted by a majority of its	9146
members, may disband the county personnel department ~~and return to~~	9147
~~the department of administrative services for the administration~~	9148
~~of sections 124.01 to 124.64 and Chapter 325. of the Revised Code~~.	9149
~~The board shall deliver a certified copy of the resolution to the~~	9150
~~director of administrative services not later than ten working~~	9151
~~days after the resolution is adopted, and the director shall~~	9152
~~inform the board in a writing sent by certified mail of the date~~	9153
~~of receipt of the copy of the resolution. Upon the director's~~	9154
~~receipt of the copy of the resolution, all powers, duties, and~~	9155
~~functions previously vested in and assigned to the county~~	9156
~~personnel department shall return to the director.~~	9157

(5) ~~When at least two years have passed since electing to use~~	9158
~~the services and facilities of a county personnel department, an~~	9159
Any elected official, board, agency, or appointing authority of a	9160
county may ~~return to the department of administrative services for~~	9161
~~the administration of sections 124.01 to 124.64 and Chapter 325.~~	9162
~~of the Revised Code. The elected official, board, agency, or~~	9163
~~appointing authority shall send the director of administrative~~	9164
~~services a certified copy of the resolution that states its~~	9165
~~decision to return to the department of administrative services'~~	9166
~~jurisdiction, and the director shall inform the elected official,~~	9167
~~board, agency, or appointing authority in a writing sent by~~	9168
~~certified mail of the date of receipt of the copy of the~~	9169
~~resolution. Upon the director's receipt of the copy of the~~	9170
~~resolution, all powers, duties, and functions previously vested in~~	9171
~~and assigned to the county personnel department with respect to~~	9172
~~the employees of that elected official, board, agency, or~~	9173
~~appointing authority shall return to the director~~end its	9174
involvement with a county personnel department upon actual receipt	9175
by the department of a certified copy of the notification that	9176
contains the decision to no longer participate.	9177

(6) The director of administrative services may, by rule	9178
adopted in accordance with Chapter 119. of the Revised Code, ~~shall~~	9179
prescribe criteria and procedures for ~~granting to each county~~	9180
~~personnel department the powers, duties, and functions of the~~	9181
~~department of administrative services and the director as~~	9182
~~described in division (G)(2) of this section with respect to the~~	9183
~~employees of an elected official, board, agency, or other~~	9184
~~appointing authority or co-appointing authority. The rules shall~~	9185
~~cover the following criteria and procedures:~~	9186

~~(a) The notification to the department of administrative~~	9187
~~services that an elected official, board, agency, or other~~	9188
~~appointing authority of a county has elected to use the services~~	9189
~~and facilities of the county personnel department;~~the following:	9190

~~(b)~~(a) A requirement that each county personnel department,	9191
in carrying out its duties, adhere to merit system principles with	9192
regard to employees of county departments of job and family	9193
services, child support enforcement agencies, and public child	9194
welfare agencies so that there is no threatened loss of federal	9195
funding for these agencies, and a requirement that the county be	9196
financially liable to the state for any loss of federal funds due	9197
to the action or inaction of the county personnel department. The	9198
costs associated with audits conducted to monitor compliance with	9199
division (G)(6)~~(b)~~(a) of this section shall be ~~borne equally by~~	9200
reimbursed to the department of administrative services ~~and the~~	9201
~~county~~as determined by the director. All money the department	9202
receives for these audits shall be paid into the state treasury to	9203
the credit of the human resources fund created in section 124.07	9204
of the Revised Code.	9205

~~(c) The termination of services and facilities rendered by~~	9206
~~the department of administrative services, to include rate~~	9207
~~adjustments, time periods for termination, and other related~~	9208
~~matters;~~	9209

~~(d)~~(b) Authorization for the director of administrative	9210
services to conduct periodic audits and reviews of county	9211
personnel departments to guarantee the uniform application of ~~this~~	9212
~~granting of~~ the ~~director's~~ powers, duties, and functions exercised	9213
pursuant to division (G)(2)(a) of this section. The costs of the	9214
audits and reviews shall be ~~borne equally by~~reimbursed to the	9215
department of administrative services ~~and~~as determined by the	9216
director by the county for which the services are performed. All	9217
money the department receives shall be paid into the state	9218
treasury to the credit of the human resources fund created in	9219
section 124.07 of the Revised Code.	9220

~~(e) The dissemination of audit findings under division~~	9221
~~(G)(6)(d) of this section, any appeals process relating to adverse~~	9222
~~findings by the department, and the methods whereby the county~~	9223
~~personnel program will revert to the authority of the director of~~	9224
~~administrative services due to misuse or nonuniform application of~~	9225
~~the authority granted to the county under division (G)(2) or (3)~~	9226
~~of this section.~~	9227

(H) The director of administrative services shall establish	9228
the rate and method of compensation for all employees who are paid	9229
directly by warrant of the director of budget and management and	9230
who are serving in positions that the director of administrative	9231
services has determined impracticable to include in the state job	9232
classification plan. This division does not apply to elected	9233
officials, legislative employees, employees of the legislative	9234
service commission, employees who are in the unclassified civil	9235
service and exempt from collective bargaining coverage in the	9236
office of the secretary of state, auditor of state, treasurer of	9237
state, and attorney general, employees of the courts, employees of	9238
the bureau of workers' compensation whose compensation the	9239
administrator of workers' compensation establishes under division	9240
(B) of section 4121.121 of the Revised Code, or employees of an	9241
appointing authority authorized by law to fix the compensation of	9242
those employees.	9243

(I) The director shall set the rate of compensation for all	9244
intermittent, seasonal, temporary, emergency, and casual employees	9245
in the service of the state who are not considered public	9246
employees under section 4117.01 of the Revised Code. Those	9247
employees are not entitled to receive employee benefits. This rate	9248
of compensation shall be equitable in terms of the rate of	9249
employees serving in the same or similar classifications. This	9250
division does not apply to elected officials, legislative	9251
employees, employees of the legislative service commission,	9252
employees who are in the unclassified civil service and exempt	9253
from collective bargaining coverage in the office of the secretary	9254
of state, auditor of state, treasurer of state, and attorney	9255
general, employees of the courts, employees of the bureau of	9256
workers' compensation whose compensation the administrator	9257
establishes under division (B) of section 4121.121 of the Revised	9258
Code, or employees of an appointing authority authorized by law to	9259
fix the compensation of those employees.	9260

Sec. 124.152. (A)(1) Except as provided in divisions (A)(2)	9261
and (3) of this section, each exempt employee shall be paid a	9262
salary or wage in accordance with schedule E-1 or schedule E-2 of	9263
division (B)~~, (C), or (D)~~ of this section~~, as applicable~~.	9264

(2) Each exempt employee who holds a position in the	9265
unclassified civil service pursuant to division (A)(26) or (30) of	9266
section 124.11 of the Revised Code may be paid a salary or wage in	9267
accordance with schedule E-1, schedule E-1 for step seven only, or	9268
schedule E-2 of division (B),or (C)~~, (D), (E), (F), or (G)~~ of	9269
this section, as applicable.	9270

(3)(a) Except as provided in division (A)(3)(b) of this	9271
section, each exempt employee who was paid a salary or wage at	9272
step 7 in the employee's pay range on June 28, 2003, in accordance	9273
with the applicable schedule E-1 of former section 124.152 of the	9274
Revised Code and who continued to be so paid on June 29, 2003,	9275
shall be paid a salary or wage in the corresponding pay range in	9276
schedule E-1 for step seven only of division ~~(E), (F), or (G)~~(C)	9277
of this section~~, as applicable,~~ for as long as the employee	9278
remains in the position the employee held as of July 1, 2003.	9279

(b) Except as provided in division (A)(3)(c) of this section,	9280
if an exempt employee who is being paid a salary or wage in	9281
accordance with schedule E-1 for step seven only of division ~~(E),~~	9282
~~(F), or (G)~~(C) of this section~~, as applicable,~~ moves to another	9283
position, the employee shall not receive a salary or wage for	9284
that position or any other position in the future in accordance	9285
with that schedule.	9286

(c) If an exempt employee who is being paid a salary or wage	9287
in accordance with schedule E-1 for step seven only of division	9288
~~(E), (F), or (G)~~(C) of this section~~, as applicable,~~ moves to	9289
another position assigned to pay range 12 or above, the	9290
appointing authority may assign the employee to be paid a salary	9291
or wage in the appropriate pay range for that position in	9292
accordance with the ~~applicable~~ schedule E-1 for step seven only	9293
of division (C) of this section, provided that the appointing	9294
authority so notifies the director of administrative services in	9295
writing at the time the employee is appointed to that position.	9296

(B) ~~Beginning on the first day of the pay period that~~	9297
~~includes July 1, 2006, each exempt employee who must be paid in~~	9298
~~accordance with schedule E-1 or schedule E-2 of this section shall~~	9299
~~be paid a salary or wage in accordance with the following schedule~~	9300
~~of rates:~~	9301

~~Schedule E-1~~	9302

~~Pay Ranges and Step Values~~	9303

		~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	9304
	~~Range~~	1	2	3	4	5	6	9305
1	~~Hourly~~	~~9.40~~	~~9.82~~	~~10.24~~	~~10.68~~			9306
	~~Annually~~	~~19552~~	~~20426~~	~~21299~~	~~22214~~			9307
2	~~Hourly~~	~~11.40~~	~~11.88~~	~~12.40~~	~~12.94~~			9308
	~~Annually~~	~~23712~~	~~24710~~	~~25792~~	~~26915~~			9309
3	~~Hourly~~	~~11.94~~	~~12.48~~	~~13.03~~	~~13.60~~			9310
	~~Annually~~	~~24835~~	~~25958~~	~~27102~~	~~28288~~			9311
4	~~Hourly~~	~~12.54~~	~~13.10~~	~~13.72~~	~~14.34~~			9312
	~~Annually~~	~~26083~~	~~27248~~	~~28538~~	~~29827~~			9313
5	~~Hourly~~	~~13.15~~	~~13.75~~	~~14.34~~	~~14.97~~			9314
	~~Annually~~	~~27352~~	~~28600~~	~~29827~~	~~31138~~			9315
6	~~Hourly~~	~~13.86~~	~~14.43~~	~~15.07~~	~~15.69~~			9316
	~~Annually~~	~~28829~~	~~30014~~	~~31346~~	~~32635~~			9317
7	~~Hourly~~	~~14.72~~	~~15.27~~	~~15.88~~	~~16.44~~	~~17.08~~		9318
	~~Annually~~	~~30618~~	~~31762~~	~~33030~~	~~34195~~	~~35526~~		9319
8	~~Hourly~~	~~15.56~~	~~16.24~~	~~16.95~~	~~17.71~~	~~18.46~~		9320
	~~Annually~~	~~32365~~	~~33779~~	~~35256~~	~~36837~~	~~38397~~		9321
9	~~Hourly~~	~~16.60~~	~~17.46~~	~~18.32~~	~~19.23~~	~~20.21~~		9322
	~~Annually~~	~~34528~~	~~36317~~	~~38106~~	~~39998~~	~~42037~~		9323
10	~~Hourly~~	~~17.91~~	~~18.89~~	~~19.90~~	~~21.05~~	~~22.18~~		9324
	~~Annually~~	~~37253~~	~~39291~~	~~41392~~	~~43784~~	~~46134~~		9325
11	~~Hourly~~	~~19.50~~	~~20.64~~	~~21.84~~	~~23.06~~	~~24.38~~		9326
	~~Annually~~	~~40560~~	~~42931~~	~~45427~~	~~47965~~	~~50710~~		9327
12	~~Hourly~~	~~21.51~~	~~22.72~~	~~23.94~~	~~25.27~~	~~26.68~~	~~28.13~~	9328
	~~Annually~~	~~44741~~	~~47258~~	~~49795~~	~~52562~~	~~55494~~	~~58510~~	9329
13	~~Hourly~~	~~23.71~~	~~25.01~~	~~26.39~~	~~27.80~~	~~29.36~~	~~30.96~~	9330
	~~Annually~~	~~49317~~	~~52021~~	~~54891~~	~~57824~~	~~61069~~	~~64397~~	9331
14	~~Hourly~~	~~26.08~~	~~27.55~~	~~29.03~~	~~30.62~~	~~32.35~~	~~34.15~~	9332
	~~Annually~~	~~54246~~	~~57304~~	~~60382~~	~~63690~~	~~67288~~	~~71032~~	9333
15	~~Hourly~~	~~28.64~~	~~30.25~~	~~31.96~~	~~33.72~~	~~35.59~~	~~37.55~~	9334
	~~Annually~~	~~59571~~	~~62920~~	~~66477~~	~~70138~~	~~74027~~	~~78104~~	9335
16	~~Hourly~~	~~31.58~~	~~33.33~~	~~35.17~~	~~37.14~~	~~39.19~~	~~41.43~~	9336
	~~Annually~~	~~65686~~	~~69326~~	~~73154~~	~~77251~~	~~81515~~	~~86174~~	9337
17	~~Hourly~~	~~34.80~~	~~36.72~~	~~38.78~~	~~40.92~~	~~43.20~~	~~45.61~~	9338
	~~Annually~~	~~72384~~	~~76378~~	~~80662~~	~~85114~~	~~89856~~	~~94869~~	9339
18	~~Hourly~~	~~38.35~~	~~40.47~~	~~42.75~~	~~45.10~~	~~47.60~~	~~50.26~~	9340
	~~Annually~~	~~79768~~	~~84178~~	~~88920~~	~~93808~~	~~99008~~	~~104541~~	9341

~~Schedule E-2~~	9342

	~~Range~~	~~Minimum~~	~~Maximum~~	9343
41	~~Hourly~~	~~16.23~~	~~34.77~~	9344
	~~Annually~~	~~33758~~	~~72322~~	9345
42	~~Hourly~~	~~17.89~~	~~38.41~~	9346
	~~Annually~~	~~37211~~	~~79893~~	9347
43	~~Hourly~~	~~19.70~~	~~42.30~~	9348
	~~Annually~~	~~40976~~	~~87984~~	9349
44	~~Hourly~~	~~21.73~~	~~46.21~~	9350
	~~Annually~~	~~45198~~	~~96117~~	9351
45	~~Hourly~~	~~24.01~~	~~50.44~~	9352
	~~Annually~~	~~49941~~	~~104915~~	9353
46	~~Hourly~~	~~26.43~~	~~55.13~~	9354
	~~Annually~~	~~54974~~	~~114670~~	9355
47	~~Hourly~~	~~29.14~~	~~60.16~~	9356
	~~Annually~~	~~60611~~	~~125133~~	9357
48	~~Hourly~~	~~32.14~~	~~65.65~~	9358
	~~Annually~~	~~66851~~	~~136552~~	9359
49	~~Hourly~~	~~35.44~~	~~70.89~~	9360
	~~Annually~~	~~73715~~	~~147451~~	9361

~~(C) Beginning on the first day of the pay period that~~	9362
~~includes July 1, 2007, each exempt employee who must be paid in~~	9363
~~accordance with schedule E-1 or schedule E-2 of this section shall~~	9364
~~be paid a salary or wage in accordance with the following schedule~~	9365
~~of rates:~~	9366

~~Schedule E-1~~	9367

~~Pay Ranges and Step Values~~	9368

		~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	9369
	~~Range~~	1	2	3	4	5	6	9370
1	~~Hourly~~	~~9.73~~	~~10.16~~	~~10.60~~	~~11.05~~			9371
	~~Annually~~	~~20238~~	~~21133~~	~~22048~~	~~22984~~			9372
2	~~Hourly~~	~~11.80~~	~~12.30~~	~~12.83~~	~~13.39~~			9373
	~~Annually~~	~~24544~~	~~25584~~	~~26686~~	~~27851~~			9374
3	~~Hourly~~	~~12.36~~	~~12.92~~	~~13.49~~	~~14.08~~			9375
	~~Annually~~	~~25709~~	~~26874~~	~~28059~~	~~29286~~			9376
4	~~Hourly~~	~~12.98~~	~~13.56~~	~~14.20~~	~~14.84~~			9377
	~~Annually~~	~~26998~~	~~28205~~	~~29536~~	~~30867~~			9378
5	~~Hourly~~	~~13.61~~	~~14.23~~	~~14.84~~	~~15.49~~			9379
	~~Annually~~	~~28309~~	~~29598~~	~~30867~~	~~32219~~			9380
6	~~Hourly~~	~~14.35~~	~~14.94~~	~~15.60~~	~~16.24~~			9381
	~~Annually~~	~~29848~~	~~31075~~	~~32448~~	~~33779~~			9382
7	~~Hourly~~	~~15.24~~	~~15.80~~	~~16.44~~	~~17.02~~	~~17.68~~		9383
	~~Annually~~	~~31699~~	~~32864~~	~~34195~~	~~35402~~	~~36774~~		9384
8	~~Hourly~~	~~16.10~~	~~16.81~~	~~17.54~~	~~18.33~~	~~19.11~~		9385
	~~Annually~~	~~33488~~	~~34965~~	~~36483~~	~~38126~~	~~39749~~		9386
9	~~Hourly~~	~~17.18~~	~~18.07~~	~~18.96~~	~~19.90~~	~~20.92~~		9387
	~~Annually~~	~~35734~~	~~37586~~	~~39437~~	~~41392~~	~~43514~~		9388
10	~~Hourly~~	~~18.54~~	~~19.55~~	~~20.60~~	~~21.79~~	~~22.96~~		9389
	~~Annually~~	~~38563~~	~~40664~~	~~42848~~	~~45323~~	~~47757~~		9390
11	~~Hourly~~	~~20.18~~	~~21.36~~	~~22.60~~	~~23.87~~	~~25.23~~		9391
	~~Annually~~	~~41974~~	~~44429~~	~~47008~~	~~49650~~	~~52478~~		9392
12	~~Hourly~~	~~22.26~~	~~23.52~~	~~24.78~~	~~26.15~~	~~27.61~~	~~29.11~~	9393
	~~Annually~~	~~46301~~	~~48922~~	~~51542~~	~~54392~~	~~57429~~	~~60549~~	9394
13	~~Hourly~~	~~24.54~~	~~25.89~~	~~27.31~~	~~28.77~~	~~30.39~~	~~32.04~~	9395
	~~Annually~~	~~51043~~	~~53851~~	~~56805~~	~~59842~~	~~63211~~	~~66643~~	9396
14	~~Hourly~~	~~26.99~~	~~28.51~~	~~30.05~~	~~31.69~~	~~33.48~~	~~35.35~~	9397
	~~Annually~~	~~56139~~	~~59301~~	~~62504~~	~~65915~~	~~69638~~	~~73528~~	9398
15	~~Hourly~~	~~29.64~~	~~31.31~~	~~33.08~~	~~34.90~~	~~36.84~~	~~38.86~~	9399
	~~Annually~~	~~61651~~	~~65125~~	~~68806~~	~~72592~~	~~76627~~	~~80829~~	9400
16	~~Hourly~~	~~32.69~~	~~34.50~~	~~36.40~~	~~38.44~~	~~40.56~~	~~42.88~~	9401
	~~Annually~~	~~67995~~	~~71760~~	~~75712~~	~~79955~~	~~84365~~	~~89190~~	9402
17	~~Hourly~~	~~36.02~~	~~38.01~~	~~40.14~~	~~42.35~~	~~44.71~~	~~47.21~~	9403
	~~Annually~~	~~74922~~	~~79061~~	~~83491~~	~~88088~~	~~92997~~	~~98197~~	9404
18	~~Hourly~~	~~39.69~~	~~41.89~~	~~44.25~~	~~46.68~~	~~49.27~~	~~52.02~~	9405
	~~Annually~~	~~82555~~	~~87131~~	~~92040~~	~~97094~~	~~102482~~	~~108202~~	9406

~~Schedule E-2~~	9407

	~~Range~~	~~Minimum~~	~~Maximum~~	9408
41	~~Hourly~~	~~16.23~~	~~35.99~~	9409
	~~Annually~~	~~33758~~	~~74859~~	9410
42	~~Hourly~~	~~17.89~~	~~39.75~~	9411
	~~Annually~~	~~37211~~	~~82680~~	9412
43	~~Hourly~~	~~19.70~~	~~43.78~~	9413
	~~Annually~~	~~40976~~	~~91062~~	9414
44	~~Hourly~~	~~21.73~~	~~47.83~~	9415
	~~Annually~~	~~45198~~	~~99486~~	9416
45	~~Hourly~~	~~24.01~~	~~52.21~~	9417
	~~Annually~~	~~49941~~	~~108597~~	9418
46	~~Hourly~~	~~26.43~~	~~57.06~~	9419
	~~Annually~~	~~54974~~	~~118685~~	9420
47	~~Hourly~~	~~29.14~~	~~62.27~~	9421
	~~Annually~~	~~60611~~	~~129522~~	9422
48	~~Hourly~~	~~32.14~~	~~67.95~~	9423
	~~Annually~~	~~66851~~	~~141336~~	9424
49	~~Hourly~~	~~35.44~~	~~73.37~~	9425
	~~Annually~~	~~73715~~	~~152610~~	9426

~~(D)~~ Beginning on the first day of the pay period that	9427
includes July 1, 2008, each exempt employee who must be paid in	9428
accordance with schedule E-1 or schedule E-2 of this section shall	9429
be paid a salary or wage in accordance with the following schedule	9430
of rates:	9431

Schedule E-1	9432

Pay Ranges and Step Values	9433

		Step	Step	Step	Step	Step	Step	9434
	Range	1	2	3	4	5	6	9435
1	Hourly	10.07	10.52	10.97	11.44			9436
	Annually	20946	21882	22818	23795			9437
2	Hourly	12.21	12.73	13.28	13.86			9438
	Annually	25397	26478	27622	28829			9439
3	Hourly	12.79	13.37	13.96	14.57			9440
	Annually	26603	27810	29037	30306			9441
4	Hourly	13.43	14.03	14.70	15.36			9442
	Annually	27934	29182	30576	31949			9443
5	Hourly	14.09	14.73	15.36	16.03			9444
	Annually	29307	30638	31949	33342			9445
6	Hourly	14.85	15.46	16.15	16.81			9446
	Annually	30888	32157	33592	34965			9447
7	Hourly	15.77	16.35	17.02	17.62	18.30		9448
	Annually	32802	34008	35402	36650	38064		9449
8	Hourly	16.66	17.40	18.15	18.97	19.78		9450
	Annually	34653	36192	37752	39458	41142		9451
9	Hourly	17.78	18.70	19.62	20.60	21.65		9452
	Annually	36982	38896	40810	42848	45032		9453
10	Hourly	19.19	20.23	21.32	22.55	23.76		9454
	Annually	39915	42078	44346	46904	49421		9455
11	Hourly	20.89	22.11	23.39	24.71	26.11		9456
	Annually	43451	45989	48651	51397	54309		9457
12	Hourly	23.04	24.34	25.65	27.07	28.58	30.13	9458
	Annually	47923	50627	53352	56306	59446	62670	9459
13	Hourly	25.40	26.80	28.27	29.78	31.45	33.16	9460
	Annually	52832	55744	58802	61942	65416	68973	9461
14	Hourly	27.93	29.51	31.10	32.80	34.65	36.59	9462
	Annually	58094	61381	64688	68224	72072	76107	9463
15	Hourly	30.68	32.41	34.24	36.12	38.13	40.22	9464
	Annually	63814	67413	71219	75130	79310	83658	9465
16	Hourly	33.83	35.71	37.67	39.79	41.98	44.38	9466
	Annually	70366	74277	78354	82763	87318	92310	9467
17	Hourly	37.28	39.34	41.54	43.83	46.27	48.86	9468
	Annually	77542	81827	86403	91166	96242	101629	9469
18	Hourly	41.08	43.36	45.80	48.31	50.99	53.84	9470
	Annually	85446	90189	95264	100485	106059	111987	9471

Schedule E-2	9472

	Range	Minimum	Maximum	9473
41	Hourly	16.23	37.25	9474
	Annually	33758	77480	9475
42	Hourly	17.89	41.14	9476
	Annually	37211	85571	9477
43	Hourly	19.70	45.31	9478
	Annually	40976	94245	9479
44	Hourly	21.73	49.50	9480
	Annually	45198	102960	9481
45	Hourly	24.01	54.04	9482
	Annually	49941	112403	9483
46	Hourly	26.43	59.06	9484
	Annually	54974	122845	9485
47	Hourly	29.14	64.45	9486
	Annually	60611	134056	9487
48	Hourly	32.14	70.33	9488
	Annually	66851	146286	9489
49	Hourly	35.44	75.94	9490
	Annually	73715	157955	9491

~~(E) Beginning on the first day of the pay period that~~	9492
~~includes July 1, 2006, each exempt employee who must be paid in~~	9493
~~accordance with schedule E-1 for step seven only shall be paid a~~	9494
~~salary or wage in accordance with the following schedule of rates:~~	9495

~~Schedule E-1 for Step Seven Only~~	9496

~~Pay Ranges and Step Seven Values~~	9497

	~~Range~~		9498
12	~~Hourly~~	~~29.68~~	9499
	~~Annually~~	~~61734~~	9500
13	~~Hourly~~	~~32.66~~	9501
	~~Annually~~	~~67933~~	9502
14	~~Hourly~~	~~36.01~~	9503
	~~Annually~~	~~74901~~	9504
15	~~Hourly~~	~~39.61~~	9505
	~~Annually~~	~~82389~~	9506
16	~~Hourly~~	~~43.70~~	9507
	~~Annually~~	~~90896~~	9508
17	~~Hourly~~	~~48.13~~	9509
	~~Annually~~	~~100110~~	9510
18	~~Hourly~~	~~53.02~~	9511
	~~Annually~~	~~110282~~	9512

~~(F) Beginning on the first day of the pay period that~~	9513
~~includes July 1, 2007, each exempt employee who must be paid in~~	9514
~~accordance with schedule E-1 for step seven only shall be paid a~~	9515
~~salary or wage in accordance with the following schedule of rates:~~	9516

~~Schedule E-1 for Step Seven Only~~	9517

~~Pay Ranges and Step Values~~	9518

	~~Range~~		9519
12	~~Hourly~~	~~30.72~~	9520
	~~Annually~~	~~63898~~	9521
13	~~Hourly~~	~~33.80~~	9522
	~~Annually~~	~~70304~~	9523
14	~~Hourly~~	~~37.27~~	9524
	~~Annually~~	~~77522~~	9525
15	~~Hourly~~	~~41.00~~	9526
	~~Annually~~	~~85280~~	9527
16	~~Hourly~~	~~45.23~~	9528
	~~Annually~~	~~94078~~	9529
17	~~Hourly~~	~~49.81~~	9530
	~~Annually~~	~~103605~~	9531
18	~~Hourly~~	~~54.88~~	9532
	~~Annually~~	~~114150~~	9533

~~(G)~~(C) Beginning on the first day of the pay period that	9534
includes July 1, 2008, each exempt employee who must be paid in	9535
accordance with salary schedule E-1 for step seven only shall be	9536
paid a salary or wage in accordance with the following schedule of	9537
rates:	9538

Schedule E-1 for Step Seven Only	9539

Pay Ranges and Step Values	9540

	Range		9541
12	Hourly	31.80	9542
	Annually	66144	9543
13	Hourly	34.98	9544
	Annually	72758	9545
14	Hourly	38.57	9546
	Annually	80226	9547
15	Hourly	42.44	9548
	Annually	88275	9549
16	Hourly	46.81	9550
	Annually	97365	9551
17	Hourly	51.55	9552
	Annually	107224	9553
18	Hourly	56.80	9554
	Annually	118144	9555

~~(H)~~(D) As used in this section, "exempt employee" means a	9556
permanent full-time or permanent part-time employee paid directly	9557
by warrant of the director of budget and management whose position	9558
is included in the job classification plan established under	9559
division (A) of section 124.14 of the Revised Code but who is not	9560
considered a public employee for the purposes of Chapter 4117. of	9561
the Revised Code. As used in this section, "exempt employee" also	9562
includes a permanent full-time or permanent part-time employee of	9563
the secretary of state, auditor of state, treasurer of state, or	9564
attorney general who has not been placed in an appropriate	9565
bargaining unit by the state employment relations board.	9566

Sec. 124.181. (A) Except as provided in ~~division~~divisions	9567
(M) and (P) of this section, any employee paid in accordance with	9568
schedule B of section 124.15 or schedule E-1 or schedule E-1 for	9569
step seven only of section 124.152 of the Revised Code is	9570
eligible for the pay supplements provided in this section upon	9571
application by the appointing authority substantiating the	9572
employee's qualifications for the supplement and with the	9573
approval of the director of administrative services except as	9574
provided in division (E) of this section.	9575

(B)(1) Except as provided in section 124.183 of the Revised	9576
Code, in computing any of the pay supplements provided in this	9577
section for an employee paid in accordance with schedule B of	9578
section 124.15 of the Revised Code, the classification salary base	9579
shall be the minimum hourly rate of the pay range, provided in	9580
that section, in which the employee is assigned at the time of	9581
computation.	9582

(2) Except as provided in section 124.183 of the Revised	9583
Code, in computing any of the pay supplements provided in this	9584
section for an employee paid in accordance with schedule E-1 of	9585
section 124.152 of the Revised Code, the classification salary	9586
base shall be the minimum hourly rate of the pay range, provided	9587
in that section, in which the employee is assigned at the time of	9588
computation.	9589

(3) Except as provided in section 124.183 of the Revised	9590
Code, in computing any of the pay supplements provided in this	9591
section for an employee paid in accordance with schedule E-1 for	9592
step seven only of section 124.152 of the Revised Code, the	9593
classification salary base shall be the minimum hourly rate in the	9594
corresponding pay range, provided in schedule E-1 of that section,	9595
to which the employee is assigned at the time of the computation.	9596

(C) The effective date of any pay supplement, except as	9597
provided in section 124.183 of the Revised Code or unless	9598
otherwise provided in this section, shall be determined by the	9599
director.	9600

(D) The director shall, by rule, establish standards	9601
regarding the administration of this section.	9602

(E)(1) Except as otherwise provided in this division,	9603
beginning on the first day of the pay period within which the	9604
employee completes five years of total service with the state	9605
government or any of its political subdivisions, each employee in	9606
positions paid in accordance with schedule B of section 124.15 of	9607
the Revised Code or in accordance with schedule E-1 or schedule	9608
E-1 for step seven only of section 124.152 of the Revised Code	9609
shall receive an automatic salary adjustment equivalent to two and	9610
one-half per cent of the classification salary base, to the	9611
nearest whole cent. Each employee shall receive thereafter an	9612
annual adjustment equivalent to one-half of one per cent of the	9613
employee's classification salary base, to the nearest whole cent,	9614
for each additional year of qualified employment until a maximum	9615
of ten per cent of the employee's classification salary base is	9616
reached. The granting of longevity adjustments shall not be	9617
affected by promotion, demotion, or other changes in	9618
classification held by the employee, nor by any change in pay	9619
range for the employee's class or grade. Longevity pay adjustments	9620
shall become effective at the beginning of the pay period within	9621
which the employee completes the necessary length of service,	9622
except that when an employee requests credit for prior service,	9623
the effective date of the prior service credit and of any	9624
longevity adjustment shall be the first day of the pay period	9625
following approval of the credit by the director of administrative	9626
services. No employee, other than an employee who submits proof of	9627
prior service within ninety days after the date of the employee's	9628
hiring, shall receive any longevity adjustment for the period	9629
prior to the director's approval of a prior service credit. Time	9630
spent on authorized leave of absence shall be counted for this	9631
purpose.	9632

(2) An employee who has retired in accordance with the	9633
provisions of any retirement system offered by the state and who	9634
is employed by the state or any political subdivision of the state	9635
on or after June 24, 1987, shall not have prior service with the	9636
state or any political subdivision of the state counted for the	9637
purpose of determining the amount of the salary adjustment	9638
provided under this division.	9639

(3) There shall be a moratorium on employees' receipt under	9640
this division of credit for service with the state government or	9641
any of its political subdivisions during the period from July 1,	9642
2003, through June 30, 2005. In calculating the number of years of	9643
total service under this division, no credit shall be included for	9644
service during the moratorium. The moratorium shall apply to the	9645
employees of the secretary of state, the auditor of state, the	9646
treasurer of state, and the attorney general, who are subject to	9647
this section unless the secretary of state, the auditor of state,	9648
the treasurer of state, or the attorney general decides to exempt	9649
the office's employees from the moratorium and so notifies the	9650
director of administrative services in writing on or before July	9651
1, 2003.	9652

If an employee is exempt from the moratorium, receives credit	9653
for a period of service during the moratorium, and takes a	9654
position with another entity in the state government or any of its	9655
political subdivisions, either during or after the moratorium, and	9656
if that entity's employees are or were subject to the moratorium,	9657
the employee shall continue to retain the credit. However, if the	9658
moratorium is in effect upon the taking of the new position, the	9659
employee shall cease receiving additional credit as long as the	9660
employee is in the position, until the moratorium expires.	9661

(F) When an exceptional condition exists that creates a	9662
temporary or a permanent hazard for one or more positions in a	9663
class paid in accordance with schedule B of section 124.15 of the	9664
Revised Code or in accordance with schedule E-1 or schedule E-1	9665
for step seven only of section 124.152 of the Revised Code, a	9666
special hazard salary adjustment may be granted for the time the	9667
employee is subjected to the hazardous condition. All special	9668
hazard conditions shall be identified for each position and	9669
incidence from information submitted to the director on an	9670
appropriate form provided by the director and categorized into	9671
standard conditions of: some unusual hazard not common to the	9672
class; considerable unusual hazard not common to the class; and	9673
exceptional hazard not common to the class.	9674

(1) A hazardous salary adjustment of five per cent of the	9675
employee's classification salary base may be applied in the case	9676
of some unusual hazardous condition not common to the class for	9677
those hours worked, or a fraction of those hours worked, while the	9678
employee was subject to the unusual hazard condition.	9679

(2) A hazardous salary adjustment of seven and one-half per	9680
cent of the employee's classification salary base may be applied	9681
in the case of some considerable hazardous condition not common to	9682
the class for those hours worked, or a fraction of those hours	9683
worked, while the employee was subject to the considerable hazard	9684
condition.	9685

(3) A hazardous salary adjustment of ten per cent of the	9686
employee's classification salary base may be applied in the case	9687
of some exceptional hazardous condition not common to the class	9688
for those hours worked, or a fraction of those hours worked, when	9689
the employee was subject to the exceptional hazard condition.	9690

(4) Each claim for temporary hazard pay shall be submitted as	9691
a separate payment and shall be subject to an administrative audit	9692
by the director as to the extent and duration of the employee's	9693
exposure to the hazardous condition.	9694

(G) When a full-time employee whose salary or wage is paid	9695
directly by warrant of the director of budget and management and	9696
who also is eligible for overtime under the "Fair Labor Standards	9697
Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is	9698
ordered by the appointing authority to report back to work after	9699
termination of the employee's regular work schedule and the	9700
employee reports, the employee shall be paid for such time. The	9701
employee shall be entitled to four hours at the employee's total	9702
rate of pay or overtime compensation for the actual hours worked,	9703
whichever is greater. This division does not apply to work that is	9704
a continuation of or immediately preceding an employee's regular	9705
work schedule.	9706

(H) When a certain position or positions paid in accordance	9707
with schedule B of section 124.15 of the Revised Code or in	9708
accordance with schedule E-1 or schedule E-1 for step seven only	9709
of section 124.152 of the Revised Code require the ability to	9710
speak or write a language other than English, a special pay	9711
supplement may be granted to attract bilingual individuals, to	9712
encourage present employees to become proficient in other	9713
languages, or to retain qualified bilingual employees. The	9714
bilingual pay supplement provided in this division may be granted	9715
in the amount of five per cent of the employee's classification	9716
salary base for each required foreign language and shall remain in	9717
effect as long as the bilingual requirement exists.	9718

(I) The director of administrative services may establish a	9719
shift differential for employees. The differential shall be paid	9720
to employees in positions working in other than the regular or	9721
first shift. In those divisions or agencies where only one shift	9722
prevails, no shift differential shall be paid regardless of the	9723
hours of the day that are worked. The director and the appointing	9724
authority shall designate which positions shall be covered by this	9725
division.	9726

(J) Whenever an employee is assigned to work in a higher	9727
level position for a continuous period of more than two weeks but	9728
no more than two years because of a vacancy, the employee's pay	9729
may be established at a rate that is approximately four per cent	9730
above the employee's current base rate for the period the employee	9731
occupies the position, provided that this temporary occupancy is	9732
approved by the director. Employees paid under this division shall	9733
continue to receive any of the pay supplements due them under	9734
other divisions of this section based on the step one base rate	9735
for their normal classification.	9736

(K) If a certain position, or positions, within a class paid	9737
in accordance with schedule B of section 124.15 of the Revised	9738
Code or in accordance with schedule E-1 or schedule E-1 for step	9739
seven only of section 124.152 of the Revised Code are mandated by	9740
state or federal law or regulation or other regulatory agency or	9741
other certification authority to have special technical	9742
certification, registration, or licensing to perform the functions	9743
which are under the mandate, a special professional achievement	9744
pay supplement may be granted. This special professional	9745
achievement pay supplement shall not be granted when all	9746
incumbents in all positions in a class require a license as	9747
provided in the classification description published by the	9748
department of administrative services; to licensees where no	9749
special or extensive training is required; when certification is	9750
granted upon completion of a stipulated term of in-service	9751
training; when an appointing authority has required certification;	9752
or any other condition prescribed by the director.	9753

(1) Before this supplement may be applied, evidence as to the	9754
requirement must be provided by the agency for each position	9755
involved, and certification must be received from the director as	9756
to the director's concurrence for each of the positions so	9757
affected.	9758

(2) The professional achievement pay supplement provided in	9759
this division shall be granted in an amount up to ten per cent of	9760
the employee's classification salary base and shall remain in	9761
effect as long as the mandate exists.	9762

(L) Those employees assigned to teaching supervisory,	9763
principal, assistant principal, or superintendent positions who	9764
have attained a higher educational level than a basic bachelor's	9765
degree may receive an educational pay supplement to remain in	9766
effect as long as the employee's assignment and classification	9767
remain the same.	9768

(1) An educational pay supplement of two and one-half per	9769
cent of the employee's classification salary base may be applied	9770
upon the achievement of a bachelor's degree plus twenty quarter	9771
hours of postgraduate work.	9772

(2) An educational pay supplement of an additional five per	9773
cent of the employee's classification salary base may be applied	9774
upon achievement of a master's degree.	9775

(3) An educational pay supplement of an additional two and	9776
one-half per cent of the employee's classification salary base may	9777
be applied upon achievement of a master's degree plus thirty	9778
quarter hours of postgraduate work.	9779

(4) An educational pay supplement of five per cent of the	9780
employee's classification salary base may be applied when the	9781
employee is performing as a master teacher.	9782

(5) An educational pay supplement of five per cent of the	9783
employee's classification salary base may be applied when the	9784
employee is performing as a special education teacher.	9785

(6) Those employees in teaching supervisory, principal,	9786
assistant principal, or superintendent positions who are	9787
responsible for specific extracurricular activity programs shall	9788
receive overtime pay for those hours worked in excess of their	9789
normal schedule, at their straight time hourly rate up to a	9790
maximum of five per cent of their regular base salary in any	9791
calendar year.	9792

(M)(1) A state agency, board, or commission may establish a	9793
supplementary compensation schedule for those licensed physicians	9794
employed by the agency, board, or commission in positions	9795
requiring a licensed physician. The supplementary compensation	9796
schedule, together with the compensation otherwise authorized by	9797
this chapter, shall provide for the total compensation for these	9798
employees to range appropriately, but not necessarily uniformly,	9799
for each classification title requiring a licensed physician, in	9800
accordance with a schedule approved by the state controlling	9801
board. The individual salary levels recommended for each such	9802
physician employed shall be approved by the director.	9803
Notwithstanding section 124.11 of the Revised Code, such personnel	9804
are in the unclassified civil service.	9805

(2) The director of administrative services may approve	9806
supplementary compensation for the director of health, if the	9807
director is a licensed physician, in accordance with a	9808
supplementary compensation schedule approved under division (M)(1)	9809
of this section or in accordance with another supplementary	9810
compensation schedule the director of administrative services	9811
considers appropriate. The supplementary compensation shall not	9812
exceed twenty per cent of the director of health's base rate of	9813
pay.	9814

(N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36,	9815
117.42, and 131.02 of the Revised Code, the state shall not	9816
institute any civil action to recover and shall not seek	9817
reimbursement for overpayments made in violation of division (E)	9818
of this section or division (C) of section 9.44 of the Revised	9819
Code for the period starting after June 24, 1987, and ending on	9820
October 31, 1993.	9821

(O) Employees of the office of the treasurer of state who are	9822
exempt from collective bargaining coverage may be granted a merit	9823
pay supplement of up to one and one-half per cent of their step	9824
rate. The rate at which this supplement is granted shall be based	9825
on performance standards established by the treasurer of state.	9826
Any supplements granted under this division shall be administered	9827
on an annual basis.	9828

(P) Intermittent employees appointed under section 124.30 of	9829
the Revised Code are not eligible for the pay supplements	9830
provided by this section.	9831

(Q) Employees of the office of the auditor of state who are	9832
exempt from collective bargaining and who are paid in accordance	9833
with schedule E-1 or in accordance with schedule E-1 for step 7	9834
only and are paid a salary or wage in accordance with the schedule	9835
of rates in division (B) or (C) of section 124.152 of the Revised	9836
Code shall receive a reduction of two per cent in their hourly and	9837
annual pay calculation beginning with the pay period that	9838
immediately follows July 1, 2009.	9839

Sec. 124.183. (A) As used in this section, "active payroll"	9840
means ~~when an employee is actively working; on military, workers'~~	9841
~~compensation, occupational injury, or disability leave; or on an~~	9842
~~approved leave of absence~~conditions under which an employee is in	9843
active pay status or eligible to receive pay for an approved leave	9844
of absence including, but not limited to, occupational injury	9845
leave, disability leave, or workers' compensation.	9846

(B)~~(1) Each permanent employee paid in accordance with~~	9847
~~schedule E-1 of section 124.152 of the Revised Code who was~~	9848
~~appointed on or before March 6, 2003, and remains continuously on~~	9849
~~the active payroll through November 14, 2004, shall receive a~~	9850
~~one-time pay supplement. The supplement shall be a two per cent~~	9851
~~lump sum payment that is based on the annualization of the top~~	9852
~~step of the pay range in schedule E-1 that the employee is in on~~	9853
~~November 14, 2004.~~	9854

~~(2) Each permanent employee paid in accordance with schedule~~	9855
~~E-1 for step seven only of section 124.152 of the Revised Code who~~	9856
~~was appointed on or before March 6, 2003, and remains continuously~~	9857
~~on the active payroll through November 14, 2004, shall receive a~~	9858
~~one-time pay supplement. The supplement shall be a two per cent~~	9859
~~lump sum payment that is based on the annualization of step 6 of~~	9860
~~the pay range in schedule E-1 of section 124.152 of the Revised~~	9861
~~Code that corresponds with the pay range in schedule E-1 for step~~	9862
~~seven only that the employee is in on November 14, 2004.~~	9863

~~(3) Each permanent employee paid under schedule E-2 of~~	9864
~~section 124.152 of the Revised Code who was appointed on or before~~	9865
~~March 6, 2003, and remains continuously on the active payroll~~	9866
~~through November 14, 2004, shall receive a one-time pay~~	9867
~~supplement. The supplement shall be a two per cent lump sum~~	9868
~~payment that is based upon the annualization of the maximum hourly~~	9869
~~rate of the pay range in schedule E-2 that the employee is in on~~	9870
~~November 14, 2004.~~	9871

~~(C) Each permanent employee who is exempt from collective~~	9872
~~bargaining, is not covered by division (B) of this section, was~~	9873
~~appointed on or before March 6, 2003, and remains continuously on~~	9874
~~the active payroll through November 14, 2004, shall receive a~~	9875
~~one-time pay supplement. The supplement shall be a two per cent~~	9876
~~lump sum payment that is based upon the annualization of the base~~	9877
~~rate of the employee's pay on November 14, 2004.~~	9878

~~(D) A part-time employee who is eligible to receive a~~	9879
~~one-time pay supplement under division (B) or (C) of this section~~	9880
~~shall have the employee's one-time pay supplement pro-rated based~~	9881
~~on the number of hours worked in the twenty-six pay periods prior~~	9882
~~to November 14, 2004.~~	9883

~~An employee who is eligible to receive a one-time pay~~	9884
~~supplement under division (B) or (C) of this section and was on a~~	9885
~~voluntary leave of absence shall have the employee's one-time pay~~	9886
~~supplement pro-rated based on the number of hours worked in the~~	9887
~~twenty-six pay periods prior to November 14, 2004.~~	9888

~~(E) A one-time pay supplement under this section shall be~~	9889
~~paid in the employee's first paycheck in December of 2004.~~	9890

~~(F)~~This section applies only to employees who are eligible	9891
to receive personal leave under section 124.138 or 124.386 of the	9892
Revised Code, except as otherwise provided in division (E) of	9893
this section.	9894

(C)(1) Employees who are in active payroll status on July 30,	9895
2011, shall receive a one-time pay supplement in the earnings	9896
statements they receive on August 26, 2011. Full-time employees	9897
shall receive the lesser of either a one-time pay supplement	9898
equivalent to thirty-two hours of personal leave or a one-time	9899
pay supplement equivalent to half the hours of personal leave the	9900
employee lost during the moratorium established under either	9901
division (A) of section 124.386 of the Revised Code or pursuant	9902
to a rule of the director of administrative services. Part-time	9903
employees shall receive a one-time pay supplement equivalent to	9904
sixteen hours of personal leave.	9905

(2) Employees who are not in active payroll status on July	9906
30, 2011, due to military leave or an absence taken under the	9907
federal Family and Medical Leave Act are eligible to receive the	9908
one-time pay supplement.	9909

(D) Notwithstanding any provision of law to the contrary, a	9910
one-time pay supplement under this section shall not be subject to	9911
withholding for deposit into any state retirement system.	9912
Notwithstanding any provision of law to the contrary, a one-time	9913
pay supplement under this section shall not be used for	9914
calculation purposes in determining an employee's retirement	9915
benefits in any state retirement system.	9916

~~(G)(1) This section does not apply to employees of the~~	9917
~~general assembly, legislative agencies, or the supreme court.~~	9918

~~(2)~~(E) This section does not apply to employees of the	9919
supreme court, the general assembly, the legislative service	9920
commission, the secretary of state, the auditor of state, the	9921
treasurer of state, or the attorney general unless the supreme	9922
court, the general assembly, the legislative service commission,	9923
the secretary of state, the auditor of state, the treasurer of	9924
state, or the attorney general ~~decides that the office's~~	9925
~~employees should be eligible for the one-time pay supplement and~~	9926
~~so notifies~~participated in the moratorium under division (H) or	9927
(I) of section 124.386 of the Revised Code and notifies the	9928
director of administrative services in writing on or before ~~July~~	9929
~~1, 2004~~June 1, 2011, of the decision to participate in the	9930
one-time pay supplement. Written notice under this division shall	9931
be signed by the appointing authority for employees of the supreme	9932
court, general assembly, or legislative service commission, as the	9933
case may be.	9934

Sec. 124.22. Rules establishing educational requirements as	9935
a condition of taking a civil service examination shall only be	9936
adopted with respect to positions for which educational	9937
requirements are expressly imposed by a section of the Revised	9938
Code or federal requirements or for which the director determines	9939
that the educational requirements are job-related. An applicant	9940
for a civil service examination must be a United States citizen or	9941
have ~~legally declared the intention of becoming a United States~~	9942
~~citizen~~a valid permanent resident card.	9943

Sec. 124.23. (A) All applicants for positions and places in	9944
the classified service shall be subject to examination, except for	9945
applicants for positions as professional or certified service and	9946
paraprofessional employees of county boards of mental retardation	9947
and developmental disabilities, who shall be hired in the manner	9948
provided in section 124.241 of the Revised Code.	9949

(B) Any examination administered under this section shall be	9950
public and be open to all citizens of the United States and those	9951
persons who have legally declared their intentions of becoming	9952
United States citizens~~, within certain limitations to be~~	9953
~~determined by~~. For examinations administered for positions in the	9954
service of the state, the director of administrative services may	9955
determine certain limitations as to citizenship, age, experience,	9956
education, health, habit, and moral character. ~~Any~~	9957

(C) Any person who has completed service in the uniformed	9958
services, who has been honorably discharged from the uniformed	9959
services or transferred to the reserve with evidence of	9960
satisfactory service, and who is a resident of this state and any	9961
member of the national guard or a reserve component of the armed	9962
forces of the United States who has completed more than one	9963
hundred eighty days of active duty service pursuant to an	9964
executive order of the president of the United States or an act of	9965
the congress of the United States may file with the director a	9966
certificate of service or honorable discharge, and, upon this	9967
filing, the person shall receive additional credit of twenty per	9968
cent of the person's total grade given in the regular examination	9969
in which the person receives a passing grade.	9970

As used in this division, "service in the uniformed services"	9971
and "uniformed services" have the same meanings as in the	9972
"Uniformed Services Employment and Reemployment Rights Act of	9973
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.	9974

~~(C)~~(D) An examination may include an evaluation of such	9975
factors as education, training, capacity, knowledge, manual	9976
dexterity, and physical or psychological fitness. An examination	9977
shall consist of one or more tests in any combination. Tests may	9978
be written, oral, physical, demonstration of skill, or an	9979
evaluation of training and experiences and shall be designed to	9980
fairly test the relative capacity of the persons examined to	9981
discharge the particular duties of the position for which	9982
appointment is sought. Tests may include structured interviews,	9983
assessment centers, work simulations, examinations of knowledge,	9984
skills, and abilities, and any other acceptable testing methods.	9985
If minimum or maximum requirements are established for any	9986
examination, they shall be specified in the examination	9987
announcement.	9988

~~(D)~~(E) The director of administrative services shall have	9989
control of all examinations administered for positions in the	9990
service of the state and all other examinations the director	9991
administers as provided in section 124.07 of the Revised Code,	9992
except as otherwise provided in sections 124.01 to 124.64 of the	9993
Revised Code. No	9994

(F) No questions in any examination shall relate to	9995
political or religious opinions or affiliations. No credit for	9996
seniority, efficiency, or any other reason shall be added to an	9997
applicant's examination grade unless the applicant achieves at	9998
least the minimum passing grade on the examination without	9999
counting that extra credit.	10000

~~(E)~~(G) Except as otherwise provided in sections 124.01 to	10001
124.64 of the Revised Code, the director of administrative	10002
services shall give reasonable notice of the time, place, and	10003
general scope of every competitive examination for appointment to	10004
~~a position in the civil service~~that the director administers for	10005
positions in the service of the state. The director shall send	10006
written, printed, or electronic notices of every examination to	10007
be conducted for positions in the ~~state~~ classified civil service	10008
of the state to each agency of the type the director of job and	10009
family services specifies and, in the case of a county in which no	10010
such agency is located, to the clerk of the court of common pleas	10011
of that county and to the clerk of each city located within that	10012
county. Those notices shall be posted in conspicuous public places	10013
in the designated agencies or the courthouse, and city hall of	10014
the cities, of the counties in which no designated agency is	10015
located for at least two weeks preceding any examination	10016
involved, and in a conspicuous place in the office of the director	10017
of administrative services for at least two weeks preceding any	10018
examination involved. In case of examinations limited by the	10019
director to a district, county, city, or department, the director	10020
shall provide by rule for adequate publicity of an examination in	10021
the district, county, city, or department within which competition	10022
is permitted.	10023

Sec. 124.27. (A) The head of a department, office, or	10024
institution, in which a position in the classified service is to	10025
be filled, shall notify the director of administrative services of	10026
the fact, and the director shall, except as otherwise provided in	10027
this section and sections 124.30 and 124.31 of the Revised Code,	10028
certify to the appointing authority the names and addresses of the	10029
ten candidates standing highest on the eligible list for the class	10030
or grade to which the position belongs, except that the director	10031
may certify less than ten names if ten names are not available.	10032
When less than ten names are certified to an appointing authority,	10033
appointment from that list shall not be mandatory. When a position	10034
in the classified service in the department of mental health or	10035
the department of mental retardation and developmental	10036
disabilities is to be filled, the director of administrative	10037
services shall make such certification to the appointing authority	10038
within seven working days of the date the eligible list is	10039
requested.	10040

(B) The appointing authority shall notify the director of a	10041
position in the classified service to be filled, and the	10042
appointing authority shall fill the vacant position by appointment	10043
of one of the ten persons certified by the director. If more than	10044
one position is to be filled, the director may certify a group of	10045
names from the eligible list, and the appointing authority shall	10046
appoint in the following manner: beginning at the top of the list,	10047
each time a selection is made, it must be from one of the first	10048
ten candidates remaining on the list who is willing to accept	10049
consideration for the position. If an eligible list becomes	10050
exhausted, and until a new list can be created, or when no	10051
eligible list for a position exists, names may be certified from	10052
eligible lists most appropriate for the group or class in which	10053
the position to be filled is classified. A person who is certified	10054
from an eligible list more than three times to the same appointing	10055
authority for the same or similar positions may be omitted from	10056
future certification to that appointing authority, provided that	10057
certification for a temporary appointment shall not be counted as	10058
one of those certifications. Every person who qualifies for	10059
veteran's preference under section 124.23 of the Revised Code, who	10060
is a resident of this state, and whose name is on the eligible	10061
list for a position shall be entitled to preference in original	10062
appointments to any such competitive position in the civil service	10063
of the state and its civil divisions over all other persons	10064
eligible for those appointments and standing on the relevant	10065
eligible list with a rating equal to that of the person qualifying	10066
for veteran's preference. Appointments to all positions in the	10067
classified service, that are not filled by promotion, transfer, or	10068
reduction, as provided in sections 124.01 to 124.64 of the Revised	10069
Code and the rules of the director prescribed under those	10070
sections, shall be made only from those persons whose names are	10071
certified to the appointing authority, and no employment, except	10072
as provided in those sections, shall be otherwise given in the	10073
classified service of this state or any political subdivision of	10074
the state.	10075

(C) All original and promotional appointments, including	10076
appointments made pursuant to section 124.30 of the Revised Code,	10077
but not intermittent appointments, shall be for a probationary	10078
period, not less than sixty days nor more than one year, to be	10079
fixed by the rules of the director, except as provided in section	10080
124.231 of the Revised Code, and except for original appointments	10081
to a police department as a police officer or to a fire department	10082
as a firefighter which shall be for a probationary period of one	10083
year. No appointment or promotion is final until the appointee	10084
has satisfactorily served the probationary period. If the service	10085
of the probationary employee is unsatisfactory, the employee may	10086
be removed or reduced at any time during the probationary period.	10087
If the appointing authority decides to remove a probationary	10088
employee in the service of the state, the appointing authority	10089
shall communicate to the director the reason for that decision. A	10090
probationary employee duly removed or reduced in position for	10091
unsatisfactory service does not have the right to appeal the	10092
removal or reduction under section 124.34 of the Revised Code.	10093

Sec. 124.321. (A) Whenever it becomes necessary for an	10094
appointing authority to reduce its work force, the appointing	10095
authority shall lay off employees or abolish their positions in	10096
accordance with sections 124.321 to 124.327 of the Revised Code	10097
~~and~~. If the affected work force is in the service of the state,	10098
the reduction shall also be in compliance with the rules of the	10099
director of administrative services.	10100

(B)(1) Employees may be laid off as a result of a lack of	10101
funds within an appointing authority. For appointing authorities	10102
that employ persons whose salary or wage is paid by warrant of the	10103
director of budget and management, the director of budget and	10104
management shall be responsible for determining, consistent with	10105
the rules adopted under division (B)(3) of this section, whether a	10106
lack of funds exists. For appointing authorities that employ	10107
persons whose salary or wage is paid other than by warrant of the	10108
director of budget and management, the appointing authority itself	10109
shall determine whether a lack of funds exists ~~and shall file a~~	10110
~~statement of rationale and supporting documentation with the~~	10111
~~director of administrative services prior to sending the layoff~~	10112
~~notice~~.	10113

(2) As used in this division, a "lack of funds" means an	10114
appointing authority has a current or projected deficiency of	10115
funding to maintain current, or to sustain projected, levels of	10116
staffing and operations. This section does not require any	10117
transfer of money between funds in order to offset a deficiency or	10118
projected deficiency of funding for programs funded by the	10119
federal government, special revenue accounts, or proprietary	10120
accounts. Whenever a program receives funding through a grant or	10121
similar mechanism, a lack of funds shall be presumed for the	10122
positions assigned to and the employees who work under the grant	10123
or similar mechanism if, for any reason, the funding is reduced or	10124
withdrawn.	10125

(3) The director of budget and management shall adopt rules,	10126
under Chapter 119. of the Revised Code, for agencies whose	10127
employees are paid by warrant of the director of budget and	10128
management, for determining whether a lack of funds exists.	10129

(C)(1) Employees may be laid off as a result of lack of work	10130
within an appointing authority. For appointing authorities whose	10131
employees are paid by warrant of the director of budget and	10132
management, the director of administrative services shall	10133
determine, consistent with the rules adopted under division (F) of	10134
this section, whether a lack of work exists. All other appointing	10135
authorities shall themselves determine whether a lack of work	10136
exists ~~and shall file a statement of rationale and supporting~~	10137
~~documentation with the director of administrative services prior~~	10138
~~to sending the layoff notice~~.	10139

(2) As used in this division, a "lack of work" means an	10140
appointing authority has a current or projected decrease in	10141
workload that requires a reduction of current or projected	10142
staffing levels in its organization or structure. The	10143
determination of a lack of work shall indicate the current or	10144
projected decrease in workload and whether the current or	10145
projected staffing levels of the appointing authority will be	10146
excessive.	10147

(D)(1) Employees may be laid off as a result of abolishment	10148
of positions. As used in this division, "abolishment" means the	10149
deletion of a position or positions from the organization or	10150
structure of an appointing authority.	10151

For purposes of this division, an appointing authority may	10152
abolish positions for any one or any combination of the following	10153
reasons: as a result of a reorganization for the efficient	10154
operation of the appointing authority, for reasons of economy, or	10155
for lack of work.	10156

(2)(a) Reasons of economy permitting an appointing authority	10157
to abolish a position and to lay off the holder of that position	10158
under this division shall be determined at the time the appointing	10159
authority proposes to abolish the position. The reasons of economy	10160
shall be based on the appointing authority's estimated amount of	10161
savings with respect to salary, benefits, and other matters	10162
associated with the abolishment of the position, except that the	10163
reasons of economy associated with the position's abolishment	10164
instead may be based on the appointing authority's estimated	10165
amount of savings with respect to salary and benefits only, if:	10166

(i) Either the appointing authority's operating appropriation	10167
has been reduced by an executive or legislative action, or the	10168
appointing authority has a current or projected deficiency in	10169
funding to maintain current or projected levels of staffing and	10170
operations; and	10171

(ii) In the case of a position in the service of the state,	10172
it files a notice of the position's abolishment with the director	10173
of administrative services within one year of the occurrence of	10174
the applicable circumstance described in division (D)(2)(a)(i) of	10175
this section.	10176

(b) The following principles apply when a circumstance	10177
described in division (D)(2)(a)(i) of this section would serve to	10178
authorize an appointing authority to abolish a position and to lay	10179
off the holder of the position under this division based on the	10180
appointing authority's estimated amount of savings with respect to	10181
salary and benefits only:	10182

(i) The position's abolishment shall be done in good faith	10183
and not as a subterfuge for discipline.	10184

(ii) If a circumstance affects a specific program only, the	10185
appointing authority only may abolish a position within that	10186
program.	10187

(iii) If a circumstance does not affect a specific program	10188
only, the appointing authority may identify a position that it	10189
considers appropriate for abolishment based on the reasons of	10190
economy.	10191

(3) Each appointing authority shall determine itself whether	10192
any position should be abolished. An appointing authority	10193
abolishing any position in the service of the state shall file a	10194
statement of rationale and supporting documentation with the	10195
director of administrative services prior to sending the notice of	10196
abolishment.	10197

If an abolishment results in a reduction of the work force,	10198
the appointing authority shall follow the procedures for laying	10199
off employees, subject to the following modifications:	10200

(a) The employee whose position has been abolished shall have	10201
the right to fill an available vacancy within the employee's	10202
classification.	10203

(b) If the employee whose position has been abolished has	10204
more retention points than any other employee serving in the same	10205
classification, the employee with the fewest retention points	10206
shall be displaced.	10207

(c) If the employee whose position has been abolished has the	10208
fewest retention points in the classification, the employee shall	10209
have the right to fill an available vacancy in a lower	10210
classification in the classification series.	10211

(d) If the employee whose position has been abolished has the	10212
fewest retention points in the classification, the employee shall	10213
displace the employee with the fewest retention points in the next	10214
or successively lower classification in the classification series.	10215

(E) Notwithstanding any contrary provision of the	10216
displacement procedure described in section 124.324 of the Revised	10217
Code for employees to displace other employees during a layoff,	10218
the director of administrative services or a county appointing	10219
authority may establish a paper lay-off process under which	10220
employees who are to be laid off or displaced may be required,	10221
before the date of their paper layoff, to preselect their options	10222
for displacing other employees.	10223

(F) The director of administrative services shall adopt rules	10224
under Chapter 119. of the Revised Code for the determination of	10225
lack of work within an appointing authority, for the abolishment	10226
of positions by an appointing authority, and for the	10227
implementation of this section as it relates to positions in the	10228
service of the state.	10229

Sec. 124.324. (A) A laid-off employee has the right to	10230
displace the employee with the fewest retention points in the	10231
following order:	10232

(1) Within the classification from which the employee was	10233
laid off;	10234

(2) Within the classification series from which the employee	10235
was laid off;	10236

(3) Within the classification the employee held immediately	10237
prior to holding the classification from which the employee was	10238
laid off, except that the employee may not displace employees in	10239
a classification if the employee does not meet the minimum	10240
qualifications of the classification or if the employee last held	10241
the classification more than three years prior to the date on	10242
which the employee was laid off.	10243

If, after exercising displacement rights, an employee is	10244
subject to further layoff action, the employee's displacement	10245
rights shall be in accordance with the classification from which	10246
the employee was first laid off.	10247

The director of administrative services shall verify the	10248
calculation of the retention points of all employees in the	10249
service of the state in an affected classification in accordance	10250
with section 124.325 of the Revised Code.	10251

(B) Following the order of layoff, an employee laid off in	10252
the classified civil service shall displace another employee	10253
within the same appointing authority or independent institution	10254
and layoff jurisdiction in the following manner:	10255

(1) Each laid-off employee possessing more retention points	10256
shall displace the employee with the fewest retention points in	10257
the next lower classification or successively lower classification	10258
in the same classification series.	10259

(2) Any employee displaced by an employee possessing more	10260
retention points shall displace the employee with the fewest	10261
retention points in the next lower classification or successively	10262
lower classification in the same classification series. This	10263
process shall continue, if necessary, until the employee with the	10264
fewest retention points in the lowest classification of the	10265
classification series of the same appointing authority or	10266
independent institution has been reached and, if necessary, laid	10267
off.	10268

(C) Employees shall notify the appointing authority of their	10269
intention to exercise their displacement rights, within five days	10270
after receiving notice of layoff. This division does not apply if	10271
the director of administrative services has established a paper	10272
lay-off process pursuant to division (E) of section 124.321 of the	10273
Revised Code that includes a different notification requirement	10274
for employees exercising their displacement rights under that	10275
process.	10276

(D) No employee shall displace an employee for whose position	10277
or classification there are certain position-specific minimum	10278
qualifications, as established by the appointing authority and	10279
reviewed for validity by the department of administrative	10280
services, or as established by bona fide occupational	10281
qualification, unless the employee desiring to displace another	10282
employee possesses the requisite position-specific minimum	10283
qualifications for the position or classification.	10284

(E) If an employee exercising displacement rights must	10285
displace an employee in another county within the same layoff	10286
district, the displacement shall not be construed to be a	10287
transfer.	10288

(F) The director of administrative services shall adopt rules	10289
under Chapter 119. of the Revised Code for the implementation of	10290
this section as it relates to positions in the service of the	10291
state.	10292

Sec. 124.325. (A) Retention points to reflect the length of	10293
continuous service and efficiency in service for all employees	10294
affected by a layoff shall be verified by the director of	10295
administrative services for positions in the service of the state.	10296

(B) An employee's length of continuous service will be	10297
carried from one layoff jurisdiction to another so long as no	10298
break in service occurs between transfers or appointments.	10299

(C) If two or more employees have an identical number of	10300
retention points, employees having the shortest period of	10301
continuous service shall be laid off first.	10302

(D)(1) As used in this division, "affected employee" means a	10303
city employee who becomes a county employee, or a county employee	10304
who becomes a city employee, as the result of any of the	10305
following:	10306

(a) The merger of a city and a county office;

10307

(b) The merger of city and county functions or duties;

10308

(c) The transfer of functions or duties between a city and	10309
county.	10310

(2) For purposes of this section, the new employer of any	10311
affected employee shall treat the employee's prior service with a	10312
former employer as if it had been served with the new employer.	10313

(E) The director of administrative services shall adopt rules	10314
in accordance with Chapter 119. of the Revised Code to establish a	10315
system for the assignment of retention points for each employee in	10316
the service of the state in a classification affected by a layoff	10317
and for determining, in those instances where employees in the	10318
service of the state have identical retention points, which	10319
employee shall be laid off first.	10320

Sec. 124.34. (A) The tenure of every officer or employee in	10321
the classified service of the state and the counties, civil	10322
service townships, cities, city health districts, general health	10323
districts, and city school districts of the state, holding a	10324
position under this chapter, shall be during good behavior and	10325
efficient service. No officer or employee shall be reduced in pay	10326
or position, fined, suspended, or removed, or have the officer's	10327
or employee's longevity reduced or eliminated, except as provided	10328
in section 124.32 of the Revised Code, and for incompetency,	10329
inefficiency, dishonesty, drunkenness, immoral conduct,	10330
insubordination, discourteous treatment of the public, neglect of	10331
duty, violation of any policy or work rule of the officer's or	10332
employee's appointing authority, violation of this chapter or the	10333
rules of the director of administrative services or the	10334
commission, any other failure of good behavior, any other acts of	10335
misfeasance, malfeasance, or nonfeasance in office, or conviction	10336
of a felony. The denial of a one-time pay supplement or a bonus to	10337
an officer or employee is not a reduction in pay for purposes of	10338
this section.	10339

This section does not apply to any modifications or	10340
reductions in pay authorized by division (Q) of section 124.181 or	10341
section 124.392 or 124.393 of the Revised Code.	10342

An appointing authority may require an employee who is	10343
suspended to report to work to serve the suspension. An employee	10344
serving a suspension in this manner shall continue to be	10345
compensated at the employee's regular rate of pay for hours	10346
worked. The disciplinary action shall be recorded in the	10347
employee's personnel file in the same manner as other disciplinary	10348
actions and has the same effect as a suspension without pay for	10349
the purpose of recording disciplinary actions.	10350

A finding by the appropriate ethics commission, based upon a	10351
preponderance of the evidence, that the facts alleged in a	10352
complaint under section 102.06 of the Revised Code constitute a	10353
violation of Chapter 102., section 2921.42, or section 2921.43 of	10354
the Revised Code may constitute grounds for dismissal. Failure to	10355
file a statement or falsely filing a statement required by section	10356
102.02 of the Revised Code may also constitute grounds for	10357
dismissal. The tenure of an employee in the career professional	10358
service of the department of transportation is subject to section	10359
5501.20 of the Revised Code.	10360

Conviction of a felony is a separate basis for reducing in	10361
pay or position, suspending, or removing an officer or employee,	10362
even if the officer or employee has already been reduced in pay or	10363
position, suspended, or removed for the same conduct that is the	10364
basis of the felony. An officer or employee may not appeal to the	10365
state personnel board of review or the commission any disciplinary	10366
action taken by an appointing authority as a result of the	10367
officer's or employee's conviction of a felony. If an officer or	10368
employee removed under this section is reinstated as a result of	10369
an appeal of the removal, any conviction of a felony that occurs	10370
during the pendency of the appeal is a basis for further	10371
disciplinary action under this section upon the officer's or	10372
employee's reinstatement.	10373

A person convicted of a felony immediately forfeits the	10374
person's status as a classified employee in any public employment	10375
on and after the date of the conviction for the felony. If an	10376
officer or employee is removed under this section as a result of	10377
being convicted of a felony or is subsequently convicted of a	10378
felony that involves the same conduct that was the basis for the	10379
removal, the officer or employee is barred from receiving any	10380
compensation after the removal notwithstanding any modification or	10381
disaffirmance of the removal, unless the conviction for the felony	10382
is subsequently reversed or annulled.	10383

Any person removed for conviction of a felony is entitled to	10384
a cash payment for any accrued but unused sick, personal, and	10385
vacation leave as authorized by law. If subsequently reemployed in	10386
the public sector, the person shall qualify for and accrue these	10387
forms of leave in the manner specified by law for a newly	10388
appointed employee and shall not be credited with prior public	10389
service for the purpose of receiving these forms of leave.	10390

As used in this division, "felony" means any of the	10391
following:	10392

(1) A felony that is an offense of violence as defined in	10393
section 2901.01 of the Revised Code;	10394

(2) A felony that is a felony drug abuse offense as defined	10395
in section 2925.01 of the Revised Code;	10396

(3) A felony under the laws of this or any other state or the	10397
United States that is a crime of moral turpitude;	10398

(4) A felony involving dishonesty, fraud, or theft;

10399

(5) A felony that is a violation of section 2921.05, 2921.32,	10400
or 2921.42 of the Revised Code.	10401

(B) In case of a reduction, a suspension of more than forty	10402
~~or more~~ work hours in the case of an employee exempt from the	10403
payment of overtime compensation, a suspension of more than	10404
twenty-four ~~or more~~ work hours in the case of an employee	10405
required to be paid overtime compensation, a fine of more than	10406
forty ~~or more~~ hours' pay in the case of an employee exempt from	10407
the payment of overtime compensation, a fine of more than	10408
twenty-four ~~or more~~ hours' pay in the case of an employee	10409
required to be paid overtime compensation, or removal, except for	10410
the reduction or removal of a probationary employee, the	10411
appointing authority shall serve the employee with a copy of the	10412
order of reduction, fine, suspension, or removal, which order	10413
shall state the reasons for the action.	10414

Within ten days following the date on which the order is	10415
served or, in the case of an employee in the career professional	10416
service of the department of transportation, within ten days	10417
following the filing of a removal order, the employee, except as	10418
otherwise provided in this section, may file an appeal of the	10419
order in writing with the state personnel board of review or the	10420
commission. For purposes of this section, the date on which an	10421
order is served is the date of hand delivery of the order or the	10422
date of delivery of the order by certified United States mail,	10423
whichever occurs first. If an appeal is filed, the board or	10424
commission shall forthwith notify the appointing authority and	10425
shall hear, or appoint a trial board to hear, the appeal within	10426
thirty days from and after its filing with the board or	10427
commission. The board, commission, or trial board may affirm,	10428
disaffirm, or modify the judgment of the appointing authority.	10429
However, in an appeal of a removal order based upon a violation of	10430
a last chance agreement, the board, commission, or trial board may	10431
only determine if the employee violated the agreement and thus	10432
affirm or disaffirm the judgment of the appointing authority.	10433

In cases of removal or reduction in pay for disciplinary	10434
reasons, either the appointing authority or the officer or	10435
employee may appeal from the decision of the state personnel board	10436
of review or the commission, and any such appeal shall be to the	10437
court of common pleas of the county in which the appointing	10438
authority is located, or to the court of common pleas of Franklin	10439
county, as provided by section 119.12 of the Revised Code.	10440

(C) In the case of the suspension for any period of time, or	10441
a fine, demotion, or removal, of a chief of police, a chief of a	10442
fire department, or any member of the police or fire department of	10443
a city or civil service township, who is in the classified civil	10444
service, the appointing authority shall furnish the chief or	10445
member with a copy of the order of suspension, fine, demotion, or	10446
removal, which order shall state the reasons for the action. The	10447
order shall be filed with the municipal or civil service township	10448
civil service commission. Within ten days following the filing of	10449
the order, the chief or member may file an appeal, in writing,	10450
with the commission. If an appeal is filed, the commission shall	10451
forthwith notify the appointing authority and shall hear, or	10452
appoint a trial board to hear, the appeal within thirty days from	10453
and after its filing with the commission, and it may affirm,	10454
disaffirm, or modify the judgment of the appointing authority. An	10455
appeal on questions of law and fact may be had from the decision	10456
of the commission to the court of common pleas in the county in	10457
which the city or civil service township is situated. The appeal	10458
shall be taken within thirty days from the finding of the	10459
commission.	10460

(D) A violation of division (A)(7) of section 2907.03 of the	10461
Revised Code is grounds for termination of employment of a	10462
nonteaching employee under this section.	10463

(E) As used in this section, "last chance agreement" means an	10464
agreement signed by both an appointing authority and an officer or	10465
employee of the appointing authority that describes the type of	10466
behavior or circumstances that, if it occurs, will automatically	10467
lead to removal of the officer or employee without the right of	10468
appeal to the state personnel board of review or the appropriate	10469
commission.	10470

Sec. 124.381. ~~Each~~(A)(1)(a) An employee in the service of	10471
the state may be eligible to receive salary continuation not to	10472
exceed four hundred eighty hours at the employee's total rate of	10473
pay for absence as a result of injury incurred during the	10474
performance of, or arising out of, state employment. When an	10475
eligible employee's absence as a result of such an injury extends	10476
beyond four hundred eighty hours, the employee immediately	10477
becomes subject to sections 124.382 and 124.385 of the Revised	10478
Code regarding sick leave and disability leave benefits.	10479

An employee is ineligible to receive salary continuation	10480
until the date of implementation is established in the rules	10481
adopted under division (C)(1) of this section.	10482

(b) Employees of the secretary of state, auditor of state,	10483
treasurer of state, attorney general, supreme court, general	10484
assembly, or legislative service commission are not subject to	10485
division (A)(1)(a) of this section unless the relevant appointing	10486
authority notifies the director of administrative services in	10487
writing of the intent to have all of the appointing authority's	10488
employees participate in salary continuation. The relevant	10489
appointing authority also may discontinue salary continuation for	10490
all of its employees by providing written notice of the	10491
discontinuation to the director.	10492

Participation in salary continuation is subject to rules	10493
adopted under division (C)(1) of this section.	10494

(2) Each employee of the department of rehabilitation and	10495
correction, the department of mental health, the department of	10496
mental retardation and developmental disabilities, the ~~Ohio~~	10497
~~veteran's home agency~~department of veterans services, or the Ohio	10498
schools for the deaf and blind, and each employee of the	10499
department of youth services as established in division (A) of	10500
section 124.14 of the Revised Code who ~~suffers bodily injury~~	10501
~~inflicted by an inmate, patient, client, youth, or student in the~~	10502
~~facilities~~sustains a qualifying physical condition inflicted by a	10503
ward of these agencies during the time the employee is lawfully	10504
carrying out the assigned duties of the employee's position shall	10505
be paid occupational injury leave at the employee's total rate of	10506
pay during the period the employee is disabled as a result of	10507
that ~~injury~~qualifying physical condition, but in no case to	10508
exceed ~~one hundred twenty work days~~nine hundred sixty hours, in	10509
lieu of workers' compensation. Pay made according to this ~~section~~	10510
division shall not be charged to the employee's accumulation of	10511
sick leave credit. In any case when an employee's disability as a	10512
result of such a qualifying physical condition extends beyond	10513
nine hundred sixty hours, the employee immediately becomes	10514
subject to sections 124.382 and 124.385 of the Revised Code	10515
regarding sick leave and disability leave benefits.	10516

(B) An employee who is receiving salary continuation or	10517
occupational injury leave under division (A)(1) or (2) of this	10518
section is not eligible for other paid leave, including holiday	10519
pay, while receiving benefits under either division. While an	10520
employee is receiving salary continuation or occupational injury	10521
leave under division (A)(1) or (2) of this section, vacation	10522
leave credit ceases to accrue to the employee under section	10523
124.134 of the Revised Code, but sick leave credit and personal	10524
leave credit continue to accrue to the employee under sections	10525
124.382 and 124.386 of the Revised Code.	10526

(C)(1) The director of administrative services shall adopt	10527
rules for the administration of both the salary continuation	10528
program and the occupational injury leave program. The rules	10529
shall include, but not be limited to, provisions for determining a	10530
disability, for filing a claim for leave under this section, and	10531
for allowing or denying claims for the leave.	10532

~~During the time an employee is receiving injury compensation~~	10533
~~as provided in this section, the employee shall be exempt from the~~	10534
~~accumulation of vacation leave credit under section 124.134 of the~~	10535
~~Revised Code but shall continue to receive sick leave credit and~~	10536
~~personal leave credit under sections 124.382 and 124.386 of the~~	10537
~~Revised Code.~~	10538

~~In any case when an employee's disability, as covered by this~~	10539
~~section, extends beyond one hundred twenty work days, the employee~~	10540
~~shall immediately become subject to sections 124.382 and 124.385~~	10541
~~of the Revised Code regarding sick leave and disability leave~~	10542
~~benefits.~~	10543

(2) The director also may adopt rules for the payment of	10544
health benefits while an employee is on workers' compensation	10545
leave.	10546

(D) An appointing authority may apply to the director of	10547
administrative services to grant salary continuation under	10548
division (A)(1) of this section or occupational injury leave in	10549
~~accordance with~~under division (A)(2) of this section to law	10550
enforcement personnel employed by the agency.	10551

Sec. 124.382. (A) As used in this section and sections	10552
124.383, 124.386, 124.387, and 124.388 of the Revised Code:	10553

(1) "Pay period" means the fourteen-day period of time during	10554
which the payroll is accumulated, as determined by the director of	10555
administrative services.	10556

(2) "Active pay status" means the conditions under which an	10557
employee is eligible to receive pay, and includes, but is not	10558
limited to, vacation leave, sick leave, personal leave,	10559
bereavement leave, and administrative leave.	10560

(3) "No pay status" means the conditions under which an	10561
employee is ineligible to receive pay and includes, but is not	10562
limited to, leave without pay, leave of absence, and disability	10563
leave.	10564

(4) "Disability leave" means the leave granted pursuant to	10565
section 124.385 of the Revised Code.	10566

(5) "Full-time permanent employee" means an employee whose	10567
regular hours of duty total eighty hours in a pay period in a	10568
state agency and whose appointment is not for a limited period of	10569
time.	10570

(6) "Base rate of pay" means the rate of pay established	10571
under schedule B or C of section 124.15 of the Revised Code or	10572
under schedule E-1, schedule E-1 for step seven only, or schedule	10573
E-2 of section 124.152 of the Revised Code, plus any supplement	10574
provided under section 124.181 of the Revised Code, plus any	10575
supplements enacted into law which are added to schedule B or C of	10576
section 124.15 of the Revised Code or to schedule E-1, schedule	10577
E-1 for step seven only, or schedule E-2 of section 124.152 of the	10578
Revised Code.	10579

(7) "Part-time permanent employee" means an employee whose	10580
regular hours of duty total less than eighty hours in a pay period	10581
in a state agency and whose appointment is not for a limited	10582
period of time.	10583

(B) Each full-time permanent and part-time permanent employee	10584
whose salary or wage is paid directly by warrant of the director	10585
of budget and management shall be credited with sick leave of	10586
three and one-tenth hours for each completed eighty hours of	10587
service, excluding overtime hours worked. Sick leave is not	10588
available for use until it appears on the employee's earning	10589
statement and the compensation described in the earning statement	10590
is available to the employee.	10591

(C) Any sick leave credit provided pursuant to division (B)	10592
of this section, remaining as of the last day of the pay period	10593
preceding the first paycheck the employee receives in December,	10594
shall be converted pursuant to section 124.383 of the Revised	10595
Code.	10596

(D) Employees may use sick leave, provided a credit balance	10597
is available, upon approval of the responsible administrative	10598
officer of the employing unit, for absence due to personal	10599
illness, pregnancy, injury, exposure to contagious disease that	10600
could be communicated to other employees, and illness, injury, or	10601
death in the employee's immediate family. When sick leave is	10602
used, it shall be deducted from the employee's credit on the basis	10603
of absence from previously scheduled work in such increments of an	10604
hour and at such a compensation rate as the director of	10605
administrative services determines. The appointing authority of	10606
each employing unit may require an employee to furnish a	10607
satisfactory, signed statement to justify the use of sick leave.	10608

If, after having utilized the credit provided by this	10609
section, an employee utilizes sick leave that was accumulated	10610
prior to November 15, 1981, compensation for such sick leave used	10611
shall be at a rate as the director determines.	10612

(E)(1) The previously accumulated sick leave balance of an	10613
employee who has been separated from the public service, for which	10614
separation payments pursuant to section 124.384 of the Revised	10615
Code have not been made, shall be placed to the employee's credit	10616
upon the employee's reemployment in the public service, if the	10617
reemployment takes place within ten years of the date on which the	10618
employee was last terminated from public service.	10619

(2) The previously accumulated sick leave balance of an	10620
employee who has separated from a school district shall be placed	10621
to the employee's credit upon the employee's appointment as an	10622
unclassified employee of the state department of education, if all	10623
of the following apply:	10624

(a) The employee accumulated the sick leave balance while	10625
employed by the school district.	10626

(b) The employee did not receive any separation payments for	10627
the sick leave balance.	10628

(c) The employee's employment with the department takes place	10629
within ten years after the date on which the employee separated	10630
from the school district.	10631

(F) An employee who transfers from one public agency to	10632
another shall be credited with the unused balance of the	10633
employee's accumulated sick leave.	10634

(G) The director of administrative services shall establish	10635
procedures to uniformly administer this section. No sick leave may	10636
be granted to a state employee upon or after the employee's	10637
retirement or termination of employment.	10638

(H) As used in this division, "active payroll" means	10639
conditions under which an employee is in active pay status or	10640
eligible to receive pay for an approved leave of absence,	10641
including, but not limited to, occupational injury leave,	10642
disability leave, or workers' compensation.	10643

(1) Employees who are in active payroll status on June 18,	10644
2011, shall receive a one-time credit of additional sick leave in	10645
the pay period that begins on July 1, 2011. Full-time employees	10646
shall receive the lesser of either a one-time credit of thirty-two	10647
hours of additional sick leave or a one-time credit of additional	10648
sick leave equivalent to half the hours of personal leave the	10649
employee lost during the moratorium established under either	10650
division (A) of section 124.386 of the Revised Code or pursuant	10651
to a rule of the director of administrative services. Part-time	10652
employees shall receive a one-time credit of sixteen hours of	10653
additional sick leave.	10654

(2) Employees who are not in active payroll status due to	10655
military leave or an absence taken in accordance with the federal	10656
"Family and Medical Leave Act" are eligible to receive the	10657
one-time additional sick leave credit.	10658

(3) The one-time additional sick leave credit does not apply	10659
to employees of the supreme court, general assembly, legislative	10660
service commission, secretary of state, auditor of state,	10661
treasurer of state, or attorney general unless the supreme court,	10662
general assembly, legislative service commission, secretary of	10663
state, auditor of state, treasurer of state, or attorney general	10664
participated in the moratorium under division (H) or (I) of	10665
section 124.386 of the Revised Code and notifies in writing the	10666
director of administrative services on or before June 1, 2011, of	10667
the decision to participate in the one-time additional sick leave	10668
credit. Written notice under this division shall be signed by the	10669
appointing authority for employees of the supreme court, general	10670
assembly, or legislative service commission, as the case may be.	10671

Sec. 124.385. (A) An employee is eligible for disability	10672
leave benefits under this section if the employee has completed	10673
one year of continuous state service immediately prior to the date	10674
of the disability and if any of the following applies:	10675

(1) The employee is a full-time permanent employee and is	10676
eligible for sick leave credit pursuant to division (B) of section	10677
124.382 of the Revised Code.	10678

(2) The employee is a part-time permanent employee who has	10679
worked at least fifteen hundred hours within the twelve-month	10680
period immediately preceding the date of disability and is	10681
eligible for sick leave credit under division (B) of section	10682
124.382 of the Revised Code.	10683

(3) The employee is a full-time permanent or part-time	10684
permanent employee, is on disability leave or leave of absence for	10685
medical reasons, and would be eligible for sick leave credit	10686
pursuant to division (B) of section 124.382 of the Revised Code	10687
except that the employee is in no pay status due to the employee's	10688
medical condition.	10689

(B) The director of administrative services, by rule adopted	10690
in accordance with Chapter 119. of the Revised Code, shall	10691
establish a disability leave program. The rule shall include, but	10692
shall not be limited to, the following:	10693

(1) Procedures to be followed for determining disability;

10694

(2) Provisions for the allowance of disability leave due to	10695
illness or injury;	10696

(3) Provisions for the continuation of service credit for	10697
employees granted disability leave, including service credit	10698
towards retirement, as provided by the applicable statute;	10699

(4) The establishment of a minimum level of benefit and of a	10700
waiting period before benefits begin;	10701

(5) Provisions setting a maximum length of benefit and	10702
requiring that employees eligible to apply for disability	10703
retirement shall do so prior to completing the first six months of	10704
their period of disability. The director's rules shall indicate	10705
those employees required to apply for disability retirement. If an	10706
employee is approved to receive disability retirement, the	10707
employee shall receive the retirement benefit and a supplement	10708
payment that equals a percentage of the employee's base rate of	10709
pay and that, when added to the retirement benefit, equals no more	10710
than the percentage of pay received by employees after the first	10711
six months of disability. This supplemental payment shall not be	10712
considered earnable salary, compensation, or salary, and is not	10713
subject to contributions, under Chapter 145., 742., 3307., 3309.,	10714
or 5505. of the Revised Code.	10715

(6) Provisions that allow employees to utilize available sick	10716
leave, personal leave, compensatory time, or vacation leave	10717
balances to supplement the benefits payable under this section.	10718
The balances used to supplement the benefits, plus any amount	10719
contributed by the state as provided in division (D) of this	10720
section, shall be paid at the employee's base rate of pay in an	10721
amount sufficient to give employees up to one hundred per cent of	10722
pay for time on disability.	10723

(7) Procedures for appealing denial of payment of a claim,	10724
including the following:	10725

(a) A maximum of thirty days to file an appeal by the	10726
employee;	10727

(b) A maximum of fifteen days for the parties to select a	10728
third-party opinion pursuant to division (F) of this section,	10729
unless an extension is agreed to by the parties;	10730

(c) A maximum of thirty days for the third party to render an	10731
opinion.	10732

(8) Provisions for approving leave of absence for medical	10733
reasons where an employee is in no pay status because the employee	10734
has used all the employee's sick leave, personal leave, vacation	10735
leave, and compensatory time;	10736

(9) Provisions for precluding the payment of benefits if the	10737
injury for which the benefits are sought is covered by a workers'	10738
compensation plan;	10739

(10) Provisions for precluding the payment of benefits in	10740
order to ensure that benefits are provided in a consistent manner.	10741

(C) Except as provided in division (B)(6) of this section,	10742
time off for an employee granted disability leave is not	10743
chargeable to any other leave granted by other sections of the	10744
Revised Code.	10745

(D) While an employee is on an approved disability leave, the	10746
~~employer's and employee's share of health, life, and other~~	10747
~~insurance benefits shall be paid by the state, and the retirement~~	10748
~~contribution shall be paid as follows:~~	10749

~~(1) The~~employee shall be responsible for paying the	10750
employee's share of retirement contributions and the employer's	10751
share shall be paid by the state.	10752

~~(2) For the first three months, the employee's share shall be~~	10753
~~paid by the employee.~~	10754

~~(3) After the first three months, the employee's share shall~~	10755
~~be paid by the state.~~	10756

(E) The approval for disability leave shall be made by the	10757
director, upon recommendation by the appointing authority. The	10758
director may delegate to any appointing authority the authority to	10759
approve disability benefits for a standard recovery period.	10760

(F) If a request for disability leave is denied based on a	10761
medical determination, the director shall obtain a medical opinion	10762
from a third party. The decision of the third party is binding.	10763

(G) The rule adopted by the director under division (B) of	10764
this section shall not deny disability leave benefits for an	10765
illness or injury to an employee who is a veteran of the United	10766
States armed forces because the employee contracted the illness or	10767
received the injury in the course of or as a result of military	10768
service and the illness or injury is or may be covered by a	10769
compensation plan administered by the United States department of	10770
veterans affairs.	10771

Sec. 124.386. (A) Each full-time permanent employee paid in	10772
accordance with section 124.152 of the Revised Code and those	10773
full-time permanent employees listed in divisions (B)(2) and (4)	10774
of section 124.14 of the Revised Code shall be credited with	10775
thirty-two hours of personal leave each year. Each part-time	10776
permanent employee paid in accordance with section 124.152 of the	10777
Revised Code and those part-time permanent employees listed in	10778
divisions (B)(2) and (4) of section 124.14 of the Revised Code	10779
shall receive a pro-rated personal leave credit as determined by	10780
rule of the director of administrative services. The credit shall	10781
be made to each eligible employee in the first pay the employee	10782
receives in December. Employees, upon giving reasonable notice to	10783
the responsible administrative officer of the appointing	10784
authority, may use personal leave for absence due to mandatory	10785
court appearances, legal or business matters, family emergencies,	10786
unusual family obligations, medical appointments, weddings,	10787
religious holidays not listed in section 124.19 of the Revised	10788
Code, or any other matter of a personal nature. Personal leave may	10789
not be used on a holiday when an employee is scheduled to work.	10790

Personal leave is not available for use until it appears on	10791
the employee's earning statement and the compensation described in	10792
the earning statement is available to the employee.	10793

There shall be a moratorium on personal leave accrual	10794
beginning with the credit employees would have received in	10795
December 2009, except as otherwise provided in divisions (H)(1)	10796
and (2) of this section. Personal leave accrual shall resume with	10797
employees receiving credit in December 2011 and there shall be no	10798
retroactive grant of credit for the period the moratorium was in	10799
effect.	10800

(B) When personal leave is used, it shall be deducted from	10801
the unused balance of the employee's personal leave on the basis	10802
of absence in such increments of an hour as the director of	10803
administrative services determines. Compensation for personal	10804
leave shall be equal to the employee's base rate of pay.	10805

(C) A newly appointed full-time permanent employee or a	10806
~~nonfull-time~~non-full-time employee who receives a full-time	10807
permanent appointment shall be credited with personal leave of	10808
thirty-two hours, less one and two-tenths hours for each pay	10809
period that has elapsed following the first paycheck the employee	10810
receives in December, until the first day of the pay period	10811
during which the appointment was effective.	10812

(D) The director of administrative services shall allow	10813
employees to elect one of the following options with respect to	10814
the unused balance of personal leave:	10815

(1) Carry forward the balance. The maximum credit that shall	10816
be available to an employee at any one time is forty hours.	10817

(2) Convert the balance to accumulated sick leave, to be used	10818
in the manner provided by section 124.382 of the Revised Code;	10819

(3) Receive a cash benefit. The cash benefit shall equal one	10820
hour of the employee's base rate of pay for every hour of unused	10821
credit that is converted. An employee serving in a temporary work	10822
level who elects to convert unused personal leave to cash shall do	10823
so at the base rate of pay of the employee's normal	10824
classification. Such cash benefit shall not be subject to	10825
contributions to any of the retirement systems, either by the	10826
employee or the employer.	10827

There shall be a moratorium on the payment for conversion of	10828
unused personal leave until December 2011, except as otherwise	10829
provided in divisions (H)(1) and (2) of this section.	10830

(E) A full-time permanent employee who separates from state	10831
service or becomes ineligible to be credited with leave under this	10832
section shall receive a reduction of personal leave credit of one	10833
and two-tenths hours for each pay period that remains beginning	10834
with the first pay period following the date of separation or the	10835
effective date of the employee's ineligibility until the pay	10836
period preceding the next base pay period. After calculation of	10837
the reduction of an employee's personal leave credit, the employee	10838
is entitled to compensation for any remaining personal leave	10839
credit at the employee's current base rate of pay. If the	10840
reduction results in a number of hours less than zero, the cash	10841
equivalent value of such number of hours shall be deducted from	10842
any compensation that remains payable to the employee, or from the	10843
cash conversion value of any vacation or sick leave that remains	10844
credited to the employee. An employee serving in a temporary work	10845
level who is eligible to receive compensation under this section	10846
shall be compensated at the base rate of pay of the employee's	10847
normal classification.	10848

(F) An employee who transfers from one public agency to	10849
another public agency in which the employee is eligible for the	10850
credit provided under this section shall be credited with the	10851
unused balance of personal leave.	10852

(G) The director of administrative services shall establish	10853
procedures to uniformly administer this section. No personal	10854
leave may be granted to a state employee upon or after retirement	10855
or termination of employment.	10856

(H)(1) The moratoria imposed under divisions (A) and (D)(3)	10857
of this section shall apply to employees of the secretary of	10858
state, auditor of state, treasurer of state, and attorney general	10859
who are subject to this section unless the secretary of state,	10860
auditor of state, treasurer of state, or attorney general decides	10861
to exempt the office's employees from the moratoria and so	10862
notifies the director of administrative services in writing on or	10863
before November 1, 2009.	10864

(2) The moratoria imposed under divisions (A) and (D)(3) of	10865
this section do not apply to employees of the supreme court, the	10866
general assembly, and the legislative service commission who are	10867
subject to this section, unless the supreme court, general	10868
assembly, or legislative service commission decides to include	10869
those employees in the moratoria and so notifies the director of	10870
administrative services in writing on or before November 1, 2009.	10871
Written notice shall be signed by the appointing authority for	10872
employees of the supreme court, general assembly, or legislative	10873
service commission as the case may be.	10874

Sec. 124.392. (A) As used in this section~~, "exempt~~:

10875

(1) "Exempt employee" has the same meaning as in section	10876
124.152 of the Revised Code.	10877

(2) "Fiscal emergency" means a fiscal emergency declared by	10878
the governor under section 126.05 of the Revised Code.	10879

(B) The director of administrative services may establish a	10880
voluntary cost savings program for exempt employees. ~~The~~	10881

(C) The director of administrative services shall establish a	10882
mandatory cost savings program applicable to exempt employees.	10883
Subject to division (C)(1) of this section, the program may	10884
include, but is not limited to, a loss of pay or loss of holiday	10885
pay as determined by the director. The program may be administered	10886
differently among exempt employees based on their classifications,	10887
appointment categories, appointing authorities, or other relevant	10888
distinctions.	10889

(1) Each full-time exempt employee shall participate in the	10890
program for a total of eighty hours of mandatory cost savings in	10891
both fiscal year 2010 and fiscal year 2011. Each part-time exempt	10892
employee shall participate in the program by not receiving holiday	10893
pay during both fiscal year 2010 and fiscal year 2011. Each	10894
employee of the secretary of state, auditor of state, treasurer of	10895
state, and attorney general shall participate in the program	10896
unless the secretary of state, auditor of state, treasurer of	10897
state, or attorney general decides to exempt the officer's	10898
employees from the program and so notifies the director of	10899
administrative services in writing on or before July 1, 2009.	10900

After July 1, 2009, the secretary of state, auditor of	10901
state, treasurer of state, or attorney general may decide to begin	10902
participation in the program for eighty hours or less and shall	10903
notify the director of administrative services in writing. The	10904
secretary of state, auditor of state, treasurer of state, or	10905
attorney general and the director shall mutually agree upon an	10906
implementation date.	10907

(2) After June 30, 2011, the director of administrative	10908
services, in consultation with the director of budget and	10909
management, may implement mandatory cost savings days applicable	10910
to exempt employees in the event of a fiscal emergency. Each	10911
employee of the secretary of state, auditor of state, treasurer of	10912
state, and attorney general shall participate in the mandatory	10913
cost savings days unless the secretary of state, auditor of state,	10914
treasurer of state, or attorney general decides to exempt the	10915
officer's employees from the mandatory cost savings days and so	10916
notifies the director of administrative services in the manner the	10917
director of administrative services prescribes by rule adopted	10918
under this section.	10919

(D) The director shall adopt rules in accordance with Chapter	10920
119. of the Revised Code to provide for the administration of the	10921
~~program~~voluntary cost savings program and the mandatory cost	10922
savings program.	10923

(E) Cost savings days provided pursuant to this section or	10924
by a labor-management contract or agreement shall be considered	10925
remuneration for purposes of section 4141.31 of the Revised Code.	10926

(F) The cost savings fund is hereby created in the state	10927
treasury. Savings accrued through employee participation in the	10928
mandatory cost savings program and in mandatory cost savings days	10929
shall be allocated to the fund. The fund may be used to pay	10930
employees who participated in the mandatory cost savings program	10931
or in mandatory cost savings days. Any investment earnings of the	10932
fund shall be credited to the fund.	10933

Sec. 124.393. (A) As used in this section:

10934

(1) "County exempt employee" means a permanent full-time or	10935
permanent part-time county employee who is not subject to a	10936
collective bargaining agreement between a public employer and an	10937
exclusive representative.	10938

(2) "Fiscal emergency" means any of the following:

10939

(a) A fiscal emergency declared by the governor under section	10940
126.05 of the Revised Code.	10941

(b) Lack of funds as defined in section 124.321 of the	10942
Revised Code.	10943

(c) Reasons of economy as described in section 124.321 of the	10944
Revised Code.	10945

(B)(1) A county appointing authority may establish a	10946
mandatory cost savings program applicable to its county exempt	10947
employees. Each county exempt employee shall participate in the	10948
program of mandatory cost savings for not more than eighty hours,	10949
as determined by the appointing authority, in each of state fiscal	10950
years 2010 and 2011. The program may include, but is not limited	10951
to, a loss of pay or loss of holiday pay. The program may be	10952
administered differently among employees based on their	10953
classifications, appointment categories, or other relevant	10954
distinctions.	10955

(2) After June 30, 2011, a county appointing authority may	10956
implement mandatory cost savings days as described in division	10957
(B)(1) of this section that apply to its county exempt employees	10958
in the event of a fiscal emergency.	10959

(C) A county appointing authority shall issue guidelines	10960
concerning how the appointing authority will implement the cost	10961
savings program.	10962

Sec. 124.81. (A) Except as provided in division ~~(E)~~(F) of	10963
this section, the department of administrative services in	10964
consultation with the superintendent of insurance shall negotiate	10965
with and, in accordance with the competitive selection procedures	10966
of Chapter 125. of the Revised Code, contract with one or more	10967
insurance companies authorized to do business in this state, for	10968
the issuance of one of the following:	10969

(1) A policy of group life insurance covering all state	10970
employees who are paid directly by warrant of the state auditor,	10971
including elected state officials;	10972

(2) A combined policy, or coordinated policies of one or more	10973
insurance companies or health insuring corporations in combination	10974
with one or more insurance companies providing group life and	10975
health, medical, hospital, dental, or surgical insurance, or any	10976
combination thereof, covering all such employees;	10977

(3) A policy that may include, but is not limited to,	10978
hospitalization, surgical, major medical, dental, vision, and	10979
medical care, disability, hearing aids, prescription drugs, group	10980
life, life, sickness, and accident insurance, group legal	10981
services, or a combination of the above benefits for some or all	10982
of the employees paid in accordance with section 124.152 of the	10983
Revised Code and for some or all of the employees listed in	10984
divisions (B)(2) and (4) of section 124.14 of the Revised Code,	10985
and their immediate dependents.	10986

(B) The department of administrative services in consultation	10987
with the superintendent of insurance shall negotiate with and, in	10988
accordance with the competitive selection procedures of Chapter	10989
125. of the Revised Code, contract with one or more insurance	10990
companies authorized to do business in this state, for the	10991
issuance of a policy of group life insurance covering all	10992
municipal and county court judges. The amount of such coverage	10993
shall be an amount equal to the aggregate salary set forth for	10994
each municipal court judge in sections 141.04 and 1901.11 of the	10995
Revised Code, and set forth for each county court judge in	10996
sections 141.04 and 1907.16 of the Revised Code. On and after the	10997
effective date of the policy of group life insurance coverage, a	10998
municipal or county court judge is ineligible for life insurance	10999
coverage from a county or other political subdivision.	11000

(C) If a state employee uses all accumulated sick leave and	11001
then goes on an extended medical disability, the policyholder	11002
shall continue at no cost to the employee the coverage of the	11003
group life insurance for such employee for the period of such	11004
extended leave, but not beyond three years.	11005

~~(C)~~(D) If a state employee insured under a group life	11006
insurance policy as provided in division (A) of this section is	11007
laid off pursuant to section 124.32 of the Revised Code, such	11008
employee by request to the policyholder, made no later than the	11009
effective date of the layoff, may elect to continue the employee's	11010
group life insurance for the one-year period through which the	11011
employee may be considered to be on laid-off status by paying the	11012
policyholder through payroll deduction or otherwise twelve times	11013
the monthly premium computed at the existing average rate for the	11014
group life case for the amount of the employee's insurance	11015
thereunder at the time of the employee's layoff. The policyholder	11016
shall pay the premiums to the insurance company at the time of the	11017
next regular monthly premium payment for the actively insured	11018
employees and furnish the company appropriate data as to such	11019
laid-off employees. At the time an employee receives written	11020
notice of a layoff, the policyholder shall also give such employee	11021
written notice of the opportunity to continue group life insurance	11022
in accordance with this division. When such laid-off employee is	11023
reinstated for active work before the end of the one-year period,	11024
the employee shall be reclassified as insured again as an active	11025
employee under the group and appropriate refunds for the number of	11026
full months of unearned premium payment shall be made by the	11027
policyholder.	11028

~~(D)~~(E) This section does not affect the conversion rights of	11029
an insured employee when the employee's group insurance terminates	11030
under the policy.	11031

~~(E)~~(F) Notwithstanding division (A) of this section, the	11032
department may provide benefits equivalent to those that may be	11033
paid under a policy issued by an insurance company, or the	11034
department may, to comply with a collectively bargained contract,	11035
enter into an agreement with a jointly administered trust fund	11036
which receives contributions pursuant to a collective bargaining	11037
agreement entered into between this state, or any of its political	11038
subdivisions, and any collective bargaining representative of the	11039
employees of this state or any political subdivision for the	11040
purpose of providing for self-insurance of all risk in the	11041
provision of fringe benefits similar to those that may be paid	11042
pursuant to division (A) of this section, and the jointly	11043
administered trust fund may provide through the self-insurance	11044
method specific fringe benefits as authorized by the rules of the	11045
board of trustees of the jointly administered trust fund. Amounts	11046
from the fund may be used to pay direct and indirect costs that	11047
are attributable to consultants or a third-party administrator and	11048
that are necessary to administer this section. Benefits provided	11049
under this section include, but are not limited to,	11050
hospitalization, surgical care, major medical care, disability,	11051
dental care, vision care, medical care, hearing aids, prescription	11052
drugs, group life insurance, sickness and accident insurance,	11053
group legal services, or a combination of the above benefits, for	11054
the employees and their immediate dependents.	11055

~~(F)~~(G) Notwithstanding any other provision of the Revised	11056
Code, any public employer, including the state, and any of its	11057
political subdivisions, including, but not limited to, any county,	11058
county hospital, municipal corporation, township, park district,	11059
school district, state institution of higher education, public or	11060
special district, state agency, authority, commission, or board,	11061
or any other branch of public employment, and any collective	11062
bargaining representative of employees of the state or any	11063
political subdivision may agree in a collective bargaining	11064
agreement that any mutually agreed fringe benefit including, but	11065
not limited to, hospitalization, surgical care, major medical	11066
care, disability, dental care, vision care, medical care, hearing	11067
aids, prescription drugs, group life insurance, sickness and	11068
accident insurance, group legal services, or a combination	11069
thereof, for employees and their dependents be provided through a	11070
mutually agreed upon contribution to a jointly administered trust	11071
fund. Amounts from the fund may be used to pay direct and indirect	11072
costs that are attributable to consultants or a third-party	11073
administrator and that are necessary to administer this section.	11074
The amount, type, and structure of fringe benefits provided under	11075
this division is subject to the determination of the board of	11076
trustees of the jointly administered trust fund. Notwithstanding	11077
any other provision of the Revised Code, competitive bidding does	11078
not apply to the purchase of fringe benefits for employees under	11079
this division through a jointly administered trust fund.	11080

Sec. 124.821. The health care spending account fund is hereby	11081
created in the state treasury. The director of administrative	11082
services shall use money in the fund to make payments with regard	11083
to the participation of state employees in flexible spending	11084
accounts for certain nonreimbursed medical and dental expenses	11085
under section 125 of the Internal Revenue Code. All investment	11086
earnings on money in the fund shall be credited to the fund.	11087

Sec. 124.822. The dependent care spending account fund is	11088
hereby created in the state treasury. The director of	11089
administrative services shall use money in the fund to make	11090
payments with regard to the participation of state employees in	11091
flexible spending accounts for work-related dependent care	11092
expenses under section 125 of the Internal Revenue Code. All	11093
investment earnings on money in the fund shall be credited to the	11094
fund.	11095

Sec. 124.86. There is hereby created in the state treasury	11096
the employee educational development fund, to be used to pay the	11097
state administrative costs of any education program undertaken	11098
pursuant to specific collective bargaining agreements identified	11099
in uncodified law governing expenditure of the fund. The director	11100
of administrative services shall establish, and shall obtain the	11101
approval of the director of budget and management for, a charge	11102
for each such program that is sufficient only to recover those	11103
costs. All money collected from such a charge shall be deposited	11104
to the credit of the fund, and all interest earned on the fund	11105
shall accrue to the fund. The director of administrative services	11106
shall administer the fund in accordance with the respective	11107
collective bargaining agreements and may adopt rules for the	11108
purpose of this administration.	11109

Sec. 125.11. (A) Subject to division (B) of this section,	11110
contracts awarded pursuant to a reverse auction under section	11111
125.072 of the Revised Code or pursuant to competitive sealed	11112
bidding, including contracts awarded under section 125.081 of the	11113
Revised Code, shall be awarded to the lowest responsive and	11114
responsible bidder on each item in accordance with section 9.312	11115
of the Revised Code. When the contract is for meat products as	11116
defined in section 918.01 of the Revised Code or poultry products	11117
as defined in section 918.21 of the Revised Code, only those bids	11118
received from vendors offering products from establishments on the	11119
current list of meat and poultry vendors established and	11120
maintained by the director of administrative services under	11121
section 125.17 of the Revised Code shall be eligible for	11122
acceptance. The department of administrative services may accept	11123
or reject any or all bids in whole or by items, except that when	11124
the contract is for services or products available from a	11125
qualified nonprofit agency pursuant to sections 125.60 to 125.6012	11126
or 4115.31 to 4115.35 of the Revised Code, the contract shall be	11127
awarded to that agency.	11128

(B) Prior to awarding a contract under division (A) of this	11129
section, the department of administrative services or the state	11130
agency responsible for evaluating a contract for the purchase of	11131
products shall evaluate the bids received according to the	11132
criteria and procedures established pursuant to divisions (C)(1)	11133
and (2) of section 125.09 of the Revised Code for determining if a	11134
product is produced or mined in the United States and if a product	11135
is produced or mined in this state. The department or other state	11136
agency shall first remove bids that offer products that have not	11137
been or that will not be produced or mined in the United States.	11138
From among the remaining bids, the department or other state	11139
agency shall select the lowest responsive and responsible bid, in	11140
accordance with section 9.312 of the Revised Code, from among the	11141
bids that offer products that have been produced or mined in this	11142
state where sufficient competition can be generated within this	11143
state to ensure that compliance with these requirements will not	11144
result in an excessive price for the product or acquiring a	11145
disproportionately inferior product. If there are ~~two~~four or more	11146
qualified bids that offer products that have been produced or	11147
mined in this state, it shall be deemed that there is sufficient	11148
competition to prevent an excessive price for the product or the	11149
acquiring of a disproportionately inferior product.	11150

(C) Division (B) of this section applies to contracts for	11151
which competitive bidding is waived by the controlling board.	11152

(D) Division (B) of this section does not apply to the	11153
purchase by the division of liquor control of spirituous liquor.	11154

(E) The director of administrative services shall publish in	11155
the form of a model act for use by counties, townships, municipal	11156
corporations, or any other political subdivision described in	11157
division (B) of section 125.04 of the Revised Code, a system of	11158
preferences for products mined and produced in this state and in	11159
the United States and for Ohio-based contractors. The model act	11160
shall reflect substantial equivalence to the system of preferences	11161
in purchasing and public improvement contracting procedures under	11162
which the state operates pursuant to this chapter and section	11163
153.012 of the Revised Code. To the maximum extent possible,	11164
consistent with the Ohio system of preferences in purchasing and	11165
public improvement contracting procedures, the model act shall	11166
incorporate all of the requirements of the federal "Buy America	11167
Act," 47 Stat. 1520 (1933), 41 U.S.C. 10a to 10d, as amended, and	11168
the rules adopted under that act.	11169

Before and during the development and promulgation of the	11170
model act, the director shall consult with appropriate statewide	11171
organizations representing counties, townships, and municipal	11172
corporations so as to identify the special requirements and	11173
concerns these political subdivisions have in their purchasing and	11174
public improvement contracting procedures. The director shall	11175
promulgate the model act by rule adopted pursuant to Chapter 119.	11176
of the Revised Code and shall revise the act as necessary to	11177
reflect changes in this chapter or section 153.012 of the Revised	11178
Code.	11179

The director shall make available copies of the model act,	11180
supporting information, and technical assistance to any township,	11181
county, or municipal corporation wishing to incorporate the	11182
provisions of the act into its purchasing or public improvement	11183
contracting procedure.	11184

Sec. 125.18. (A) There is hereby established the office of	11185
information technology within the department of administrative	11186
services. The office shall be under the supervision of a state	11187
chief information officer to be appointed by the director of	11188
administrative services and subject to removal at the pleasure	11189
of the director. The chief information officer is an assistant	11190
director of administrative services.	11191

(B) Under the direction of the director of administrative	11192
services, the state chief information officer shall lead,	11193
oversee, and direct state agency activities related to	11194
information technology development and use. In that regard, the	11195
state chief information officer shall do all of the following:	11196

(1) Coordinate and superintend statewide efforts to promote	11197
common use and development of technology by state agencies. The	11198
office of information technology shall establish policies and	11199
standards that govern and direct state agency participation in	11200
statewide programs and initiatives.	11201

(2) Establish policies and standards for the acquisition and	11202
use of common information technology by state agencies, including,	11203
but not limited to, hardware, software, technology services, and	11204
security, and the extension of the service life of information	11205
technology systems, with which state agencies shall comply;	11206

(3) Establish criteria and review processes to identify state	11207
agency information technology projects or purchases that require	11208
alignment or oversight. As appropriate, the department of	11209
administrative services shall provide the governor and the	11210
director of budget and management with notice and advice	11211
regarding the appropriate allocation of resources for those	11212
projects. The state chief information officer may require state	11213
agencies to provide, and may prescribe the form and manner by	11214
which they must provide, information to fulfill the state chief	11215
information officer's alignment and oversight role;	11216

(4) Establish policies and procedures for the security of	11217
personal information that is maintained and destroyed by state	11218
agencies;	11219

(5) Employ a chief information security officer who is	11220
responsible for the implementation of the policies and procedures	11221
described in division (B)(4) of this section and for	11222
coordinating the implementation of those policies and procedures	11223
in all of the state agencies;	11224

(6) Employ a chief privacy officer who is responsible for	11225
advising state agencies when establishing policies and procedures	11226
for the security of personal information and developing education	11227
and training programs regarding the state's security procedures;	11228

(7) Establish policies on the purchasing, use, and	11229
reimbursement for use of handheld computing and telecommunications	11230
devices by state agency employees;	11231

(8) Establish policies for the reduction of printing and the	11232
use of electronic records by state agencies;	11233

(9) Establish policies for the reduction of energy	11234
consumption by state agencies.	11235

(C)(1) The chief information security officer shall assist	11236
each state agency with the development of an information	11237
technology security strategic plan and review that plan, and each	11238
state agency shall submit that plan to the state chief	11239
information officer. The chief information security officer may	11240
require that each state agency update its information technology	11241
security strategic plan annually as determined by the state	11242
chief information officer.	11243

(2) Prior to the implementation of any information technology	11244
data system, a state agency shall prepare or have prepared a	11245
privacy impact statement for that system.	11246

(D) When a state agency requests a purchase of information	11247
technology supplies or services under Chapter 125. of the Revised	11248
Code, the state chief information officer may review and reject	11249
the requested purchase for noncompliance with information	11250
technology direction, plans, policies, standards, or	11251
project-alignment criteria.	11252

(E) The office of information technology may operate	11253
technology services for state agencies in accordance with this	11254
chapter.	11255

(F) With the approval of the director of administrative	11256
services, the office of information technology may establish	11257
cooperative agreements with federal and local government agencies	11258
and state agencies that are not under the authority of the	11259
governor for the provision of technology services and the	11260
development of technology projects.	11261

(G) As used in this section:

11262

(1) "Personal information" has the same meaning as in section	11263
149.45 of the Revised Code.	11264

(2) "State agency" means every organized body, office, or	11265
agency established by the laws of the state for the exercise of	11266
any function of state government, other than any state-supported	11267
institution of higher education, the office of the auditor of	11268
state, treasurer of state, secretary of state, or attorney	11269
general, the adjutant general's department, the bureau of workers'	11270
compensation, the industrial commission, the public employees	11271
retirement system, the Ohio police and fire pension fund, the	11272
state teachers retirement system, the school employees retirement	11273
system, the state highway patrol retirement system, the general	11274
assembly or any legislative agency, or the courts or any judicial	11275
agency.	11276

Sec. 125.181. The director of administrative services shall	11277
establish the state information technology investment board within	11278
the department of administrative services. The board shall consist	11279
of representatives from various state elective offices and state	11280
agencies, including the office of budget and management. The board	11281
shall identify and recommend to the state chief information	11282
officer opportunities for consolidation and cost-savings measures	11283
relating to information technology. Members of the board are not	11284
entitled to compensation for their services.	11285

Sec. 125.20. (A) Within one hundred eighty days after the	11286
effective date of this section, the director of administrative	11287
services shall establish an electronic site accessible through	11288
the internet to publish the following:	11289

(1) A database containing each state employee's year-to-date	11290
gross pay and pay from the most recent pay period. The database	11291
shall contain searchable fields including the name of the agency,	11292
position title, and employee name.	11293

(2) A database containing agency expenditures for goods and	11294
services that shall contain searchable fields including the name	11295
of the agency, expenditure amount, category of good or service for	11296
which an expenditure is made, and contractor or vendor name;	11297

(3) A database containing tax credits issued by the director	11298
of development to business entities that shall contain searchable	11299
fields, including the name under which the tax credit is known,	11300
the name of the entity receiving the credit, and the county in	11301
which the credit recipient's principal place of business in this	11302
state is located.	11303

(B) Daily, each executive agency shall provide to the	11304
department of administrative services information to be published	11305
in the databases under division (A) of this section. The director	11306
of administrative services may adopt rules governing the means by	11307
which information is submitted and databases are updated.	11308

Sec. 125.831. As used in sections 125.831 to 125.834 of the	11309
Revised Code:	11310

(A) "Alternative fuel" means any of the following fuels used	11311
in a motor vehicle:	11312

(1) E85 blend fuel;

11313

(2) Blended biodiesel;

11314

(3) Natural gas;

11315

(4) Liquefied petroleum gas;

11316

(5) Hydrogen;

11317

(6) Compressed air;

11318

(7) Any power source, including electricity;

11319

~~(7)~~(8) Any fuel not described in divisions (A)(1) to ~~(6)~~(7)	11320
of this section that the United States department of energy	11321
determines, by final rule, to be substantially not petroleum, and	11322
that would yield substantial energy security and environmental	11323
benefits.	11324

(B) "Biodiesel" means a mono-alkyl ester combustible liquid	11325
fuel that is derived from vegetable oils or animal fats, or any	11326
combination of those reagents that meets the American society for	11327
testing and materials specification for biodiesel fuel (B100)	11328
blend stock distillate fuels and any other standards that the	11329
director of administrative services adopts by rule.	11330

(C) "Blended biodiesel" means a blend of biodiesel with	11331
petroleum based diesel fuel in which the resultant product	11332
contains not less than twenty per cent biodiesel that meets the	11333
American society for testing and materials specification for	11334
blended diesel fuel and any other standards that the director of	11335
administrative services adopts by rule.	11336

(D) "Diesel fuel" means any liquid fuel that is capable of	11337
use in discrete form or as a blend component in the operation of	11338
engines of the diesel type.	11339

(E) "E85 blend fuel" means fuel containing eighty-five per	11340
cent or more ethanol as defined in section 5733.46 of the Revised	11341
Code or containing any other percentage of not less than seventy	11342
per cent ethanol if the United States department of energy	11343
determines, by rule, that the lower percentage is necessary to	11344
provide for the requirements of cold start, safety, or vehicle	11345
functions, and that meets the American society for testing and	11346
materials specification for E85 blend fuel and any other standards	11347
that the director of administrative services adopts by rule.	11348

(F) "Law enforcement officer" means an officer, agent, or	11349
employee of a state agency upon whom, by statute, a duty to	11350
conserve the peace or to enforce all or certain laws is imposed	11351
and the authority to arrest violators is conferred, within the	11352
limits of that statutory duty and authority, but does not include	11353
such an officer, agent, or employee if that duty and authority is	11354
location specific.	11355

(G)(1) "Motor vehicle" means any automobile, car minivan,	11356
cargo van, passenger van, sport utility vehicle, or pickup truck	11357
with a gross vehicle weight of under twelve thousand pounds.	11358

(2) "Motor vehicle" does not include, except for the purposes	11359
of division (C) of section 125.832 of the Revised Code, any	11360
vehicle described in division (G)(1) of this section that is used	11361
by a law enforcement officer and law enforcement agency or any	11362
vehicle that is so described and that is equipped with specialized	11363
equipment that is not normally found in such a vehicle and that is	11364
used to carry out a state agency's specific and specialized duties	11365
and responsibilities.	11366

(H) "Specialized equipment" does not include standard mobile	11367
radios with no capabilities other than voice communication,	11368
exterior and interior lights, or roof-mounted caution lights.	11369

(I) "State agency" means every organized body, office, board,	11370
authority, commission, or agency established by the laws of the	11371
state for the exercise of any governmental or quasi-governmental	11372
function of state government regardless of the funding source for	11373
that entity, other than any state institution of higher education,	11374
the office of the governor, lieutenant governor, auditor of state,	11375
treasurer of state, secretary of state, or attorney general, the	11376
general assembly or any legislative agency, the courts or any	11377
judicial agency, or any state retirement system or retirement	11378
program established by or referenced in the Revised Code.	11379

(J) "State institution of higher education" has the same	11380
meaning as in section 3345.011 of the Revised Code.	11381

Sec. 126.05. On or before the tenth day of each month, the	11382
director of budget and management shall furnish to the governor	11383
statements in such form as the governor requires showing the	11384
condition of the general revenue fund. The statements shall	11385
provide a summary of the status of appropriations to enable the	11386
governor to exercise and maintain effective supervision and	11387
control over the expenditures of the state. The director shall	11388
also furnish statements the governor requests showing the	11389
condition of any other fund.	11390

If the governor ascertains that the available revenue	11391
receipts and balances for the general revenue fund for the current	11392
fiscal year will in all probability be less than the	11393
appropriations for the year, hethe governor shall issue such	11394
orders to the state agencies as will prevent their expenditures	11395
and incurred obligations from exceeding such revenue receipts and	11396
balances.	11397

If the governor ascertains that the available revenue	11398
receipts and balances for any fund other than the general revenue	11399
fund for the current fiscal year will in all probability be less	11400
than the appropriations for the year, hethe governor may issue	11401
such orders to the state agencies as will prevent their	11402
expenditures and incurred obligations from exceeding such revenue	11403
receipts and balances.	11404

If the governor determines that the available revenue	11405
receipts and balances in any fund or across funds will likely be	11406
less than the appropriations for the year, the governor may	11407
declare a fiscal emergency and may issue such orders as necessary	11408
to the director of budget and management to reduce expenditures,	11409
or to the director of administrative services to implement	11410
personnel actions consistent therewith, including, but not	11411
limited to, mandatory cost savings days under section 124.392 of	11412
the Revised Code.	11413

As used in this section, "expenditures and incurred	11414
obligations" includes all moneys expended or obligated pursuant to	11415
appropriations by the general assembly that are calculated and	11416
distributed pursuant to a distribution formula in law.	11417

Sec. 126.10. No certificate of participation or any similar	11418
debt instrument may be obtained or entered into by the state	11419
without the prior approval of the general assembly.	11420

Sec. 126.21. (A) The director of budget and management shall	11421
do all of the following:	11422

(1) Keep all necessary accounting records;

11423

(2) Prescribe and maintain the accounting system of the state	11424
and establish appropriate accounting procedures and charts of	11425
accounts;	11426

(3) Establish procedures for the use of written, electronic,	11427
optical, or other communications media for approving and reviewing	11428
payment vouchers;	11429

(4) Reconcile, in the case of any variation between the	11430
amount of any appropriation and the aggregate amount of items of	11431
the appropriation, with the advice and assistance of the state	11432
agency affected by it and the legislative service commission,	11433
totals so as to correspond in the aggregate with the total	11434
appropriation. In the case of a conflict between the item and the	11435
total of which it is a part, the item shall be considered the	11436
intended appropriation.	11437

(5) Evaluate on an ongoing basis and, if necessary, recommend	11438
improvements to the internal controls used in state agencies;	11439

(6) Authorize the establishment of petty cash accounts. The	11440
director may withdraw approval for any petty cash account and	11441
require the officer in charge to return to the state treasury any	11442
unexpended balance shown by the officer's accounts to be on hand.	11443
Any officer who is issued a warrant for petty cash shall render a	11444
detailed account of the expenditures of the petty cash and shall	11445
report when requested the balance of petty cash on hand at any	11446
time.	11447

(7) Process orders, invoices, vouchers, claims, and payrolls	11448
and prepare financial reports and statements;	11449

(8) Perform extensions, reviews, and compliance checks prior	11450
to or after approving a payment as the director considers	11451
necessary;	11452

(9) Issue the official comprehensive annual financial report	11453
of the state. The report shall cover all funds of the state	11454
reporting entity and shall include basic financial statements and	11455
required supplementary information prepared in accordance with	11456
generally accepted accounting principles and other information as	11457
the director provides. All state agencies, authorities,	11458
institutions, offices, retirement systems, and other component	11459
units of the state reporting entity as determined by the director	11460
shall furnish the director whatever financial statements and other	11461
information the director requests for the report, in the form, at	11462
the times, covering the periods, and with the attestation the	11463
director prescribes. The information for state institutions of	11464
higher education, as defined in section 3345.011 of the Revised	11465
Code, shall be submitted to the chancellor by the Ohio board of	11466
regents. The board shall establish a due date by which each such	11467
institution shall submit the information to the board, but no	11468
such date shall be later than one hundred twenty days after the	11469
end of the state fiscal year unless a later date is approved by	11470
the director.	11471

(B) In addition to the director's duties under division (A)	11472
of this section, the director may establish and administer one or	11473
more state payment card programs that permit or require state	11474
agencies to use a payment card to purchase equipment, materials,	11475
supplies, or services in accordance with guidelines issued by the	11476
director. The chief administrative officer of a state agency that	11477
uses a payment card for such purposes shall ensure that purchases	11478
made with the card are made in accordance with the guidelines	11479
issued by the director and do not exceed the unexpended,	11480
unencumbered, unobligated balance in the appropriation to be	11481
charged for the purchase. State agencies may participate in only	11482
those state payment card programs that the director establishes	11483
pursuant to this section.	11484

(C) In addition to the director's duties under divisions (A)	11485
and (B) of this section, the director may enter into any contract	11486
or agreement necessary for and incidental to the performance of	11487
the director's duties or the duties of the office of budget and	11488
management.	11489

(D) In consultation with the director of administrative	11490
services, the director may appoint and fix the compensation of	11491
employees of the office of budget and management whose primary	11492
duties include the consolidation of statewide financing functions	11493
and common transactional processes.	11494

Sec. 126.35. (A) The director of budget and management	11495
shall draw warrants against the treasurer of state pursuant to all	11496
requests for payment that the director has approved under section	11497
126.07 of the Revised Code.	11498

(B) Unless ~~the director of job and family services has~~	11499
~~provided for the making of payments~~a cash assistance payment is	11500
to be made by electronic benefit transfer, ~~if a financial~~	11501
~~institution and account have been designated by the participant or~~	11502
~~recipient,~~ payment by the director of budget and management to a	11503
participant in the Ohio works first program pursuant to Chapter	11504
5107. of the Revised Code or, a recipient of disability financial	11505
assistance pursuant to Chapter 5115. of the Revised Code, or a	11506
recipient of cash assistance provided under the refugee assistance	11507
program established under section 5101.49 of the Revised Code	11508
shall be made by direct deposit to the account of the participant	11509
or recipient in the financial institution designated under section	11510
329.03 of the Revised Code. Payment by the director of budget and	11511
management to a recipient of benefits distributed through the	11512
medium of electronic benefit transfer pursuant to section 5101.33	11513
of the Revised Code shall be by electronic benefit transfer.	11514
Payment by the director of budget and management as compensation	11515
to an employee of the state who has, pursuant to section 124.151	11516
of the Revised Code, designated a financial institution and	11517
account for the direct deposit of such payments shall be made by	11518
direct deposit to the account of the employee. Payment to any	11519
other payee who has designated a financial institution and account	11520
for the direct deposit of such payment may be made by direct	11521
deposit to the account of the payee in the financial institution	11522
as provided in section 9.37 of the Revised Code. Accounts	11523
maintained by the director of budget and management or the	11524
director's agent in a financial institution for the purpose of	11525
effectuating payment by direct deposit or electronic benefit	11526
transfer shall be maintained in accordance with section 135.18 of	11527
the Revised Code.	11528

(C) All other payments from the state treasury shall be made	11529
by paper warrants or by direct deposit payable to the respective	11530
payees. The director of budget and management may mail the paper	11531
warrants to the respective payees or distribute them through other	11532
state agencies, whichever the director determines to be the better	11533
procedure.	11534

(D) If the average per transaction cost the director of	11535
budget and management incurs in making direct deposits for a state	11536
agency exceeds the average per transaction cost the director	11537
incurs in drawing paper warrants for all public offices during the	11538
same period of time, the director may certify the difference in	11539
cost and the number of direct deposits for the agency to the	11540
director of administrative services. The director of	11541
administrative services shall reimburse the director of budget and	11542
management for such additional costs and add the amount to the	11543
processing charge assessed upon the state agency.	11544

Sec. 126.50. As used in sections 126.50, 126.501, 126.502,	11545
126.503, 126.504, 126.505, 126.506, and 126.507 of the Revised	11546
Code:	11547

(A) "Critical services" means a service provided by the state	11548
the deferral or cancellation of which would cause at least one of	11549
the following:	11550

(1) An immediate risk to the health, safety, or welfare of	11551
the citizens of the state;	11552

(2) A undermining of activity aimed at creating or retaining	11553
jobs in the state;	11554

(3) An interference with the receipt of revenue to the state	11555
or the realization of savings to the state.	11556

"Critical services" does not mean a deferral or cancellation	11557
of a service provided by the state that would result in	11558
inconvenience, sustainable delay, or other similar compromise to	11559
the normal provision of state-provided services.	11560

(B) "State agency" has the same meaning as in section 1.60 of	11561
the Revised Code, but does not include the elected state	11562
officers, the general assembly or any legislative agency, a court	11563
or any judicial agency, or a state institution of higher	11564
education.	11565

Sec. 126.501. By November 1, 2009, each state agency shall	11566
submit to the general assembly and the director of budget and	11567
management a spending plan that outlines a thirty per cent overall	11568
reduction in spending on supplies and services for fiscal years	11569
2010 and 2011. Each spending plan shall address any potential	11570
savings, lack of savings, or costs that may be realized by each of	11571
the following strategies:	11572

(A) Gaining approval from the state agency's director or the	11573
director's designee for any purchase of supplies or services	11574
costing one thousand dollars or more.	11575

(B) Renegotiating, if not otherwise prohibited, contracts	11576
entered into before July 1, 2009, and especially those contracts	11577
in which a vendor is willing to reduce costs by fifteen per cent	11578
or more while maintaining substantial equivalency on other terms.	11579

(C) With the approval of the director of administrative	11580
services, allowing contracts for critical services that are up for	11581
renewal to expire and be rebid.	11582

(D) With the approval of the director of budget and	11583
management, cancelling all contracts entered into before July 1,	11584
2009, that are supported by noncapital funds.	11585

(E) Cooperatively purchasing supplies and services with other	11586
state agencies.	11587

(F) Using other state agencies to provide needed services.

11588

(G) Purchasing equipment and furniture in compliance with any	11589
control-on-equipment directive issued by the office of budget and	11590
management.	11591

(H) Reducing parking expenses, including expenses for	11592
purchased and leased spaces for state agency employees, spaces for	11593
fleet vehicles, and spaces and parking reimbursement for state	11594
agency employees on agency business. The spending plan shall	11595
include a review of a loss of efficiency or other benefits related	11596
to the reduction in parking expenses.	11597

By December 1, 2009, the director of budget and management	11598
shall issue guidance to each state agency on which spending plan	11599
strategies the agency is expected to implement for fiscal years	11600
2010 and 2011.	11601

Sec. 126.502. By the first day of February of each	11602
odd-numbered year, beginning in 2011, the director of each state	11603
agency shall submit to the general assembly and the director of	11604
budget and management a spending plan for purchasing supplies and	11605
services for the following two fiscal years. Each spending plan	11606
shall address any potential savings, lack of savings, or costs	11607
that may be realized by each of the strategies enumerated in	11608
section 126.501 of the Revised Code.	11609

By the first day of March of each odd-numbered year,	11610
beginning in 2011, the director of budget and management shall	11611
issue guidance to each state agency on which spending plan	11612
strategies the agency is expected to implement for the following	11613
two fiscal years.	11614

Sec. 126.503. All state agencies shall control nonessential	11615
travel expenses by doing all of the following:	11616

(A) Complying with any travel directives issued by the	11617
director of budget and management;	11618

(B) Using, when possible, the online travel authorization and	11619
expense reimbursement process;	11620

(C) Conducting meetings, whenever possible and in compliance	11621
with section 121.22 of the Revised Code, using conference calls,	11622
teleconferences, webinars, or other technology tools;	11623

(D) Using fleet vehicles for official state travel whenever	11624
possible; and	11625

(E) Following restrictions set by the department of	11626
administrative services regarding mileage reimbursement pursuant	11627
to section 125.832 of the Revised Code.	11628

The director of budget and management shall not reimburse any	11629
state agency employee for unauthorized travel expenses.	11630

Sec. 126.504. (A) Each state agency shall use the	11631
interoffice mailing service provided by the department of	11632
administrative services for all mail deliveries to other state	11633
agencies located within a reasonable distance.	11634

(B) By October 1, 2009, each state agency shall direct all	11635
major printing, copying, mail preparation, and related services	11636
through the department of administrative services and shall	11637
eliminate any internal operations providing those services.	11638

Sec. 126.505. (A) Each state agency shall comply with any	11639
purchasing standardization and strategic sourcing policy	11640
directives issued by the director of administrative services.	11641

(B) Each state agency shall comply with any	11642
control-on-equipment directives issued by the director of budget	11643
and management. The director shall issue and revise as necessary	11644
control-on-equipment directives that apply to all furniture and	11645
equipment purchases.	11646

Sec. 126.506. (A) Each state agency shall participate in	11647
information technology consolidation projects implemented by the	11648
state chief information officer under section 125.18 of the	11649
Revised Code.	11650

(B) At the direction of and in the format specified by the	11651
director of administrative services, each state agency shall	11652
maintain a list of information technology assets possessed by the	11653
agency and associated costs related to those assets.	11654

Sec. 126.507. In consultation with the director of budget	11655
and management, the director of administrative services shall	11656
monitor the implementation of spending plan strategies by state	11657
agencies and shall report to the governor and the general assembly	11658
semiannually regarding the effectiveness of the implemented	11659
strategies and any unintended consequences of implemented	11660
strategies. The report to the general assembly shall be made under	11661
section 101.68 of the Revised Code.	11662

Sec. 127.16. (A) Upon the request of either a state agency	11663
or the director of budget and management and after the controlling	11664
board determines that an emergency or a sufficient economic reason	11665
exists, the controlling board may approve the making of a purchase	11666
without competitive selection as provided in division (B) of this	11667
section.	11668

(B) Except as otherwise provided in this section, no state	11669
agency, using money that has been appropriated to it directly,	11670
shall:	11671

(1) Make any purchase from a particular supplier, that would	11672
amount to fifty thousand dollars or more when combined with both	11673
the amount of all disbursements to the supplier during the fiscal	11674
year for purchases made by the agency and the amount of all	11675
outstanding encumbrances for purchases made by the agency from the	11676
supplier, unless the purchase is made by competitive selection or	11677
with the approval of the controlling board;	11678

(2) Lease real estate from a particular supplier, if the	11679
lease would amount to seventy-five thousand dollars or more when	11680
combined with both the amount of all disbursements to the supplier	11681
during the fiscal year for real estate leases made by the agency	11682
and the amount of all outstanding encumbrances for real estate	11683
leases made by the agency from the supplier, unless the lease is	11684
made by competitive selection or with the approval of the	11685
controlling board.	11686

(C) Any person who authorizes a purchase in violation of	11687
division (B) of this section shall be liable to the state for any	11688
state funds spent on the purchase, and the attorney general shall	11689
collect the amount from the person.	11690

(D) Nothing in division (B) of this section shall be	11691
construed as:	11692

(1) A limitation upon the authority of the director of	11693
transportation as granted in sections 5501.17, 5517.02, and	11694
5525.14 of the Revised Code;	11695

(2) Applying to medicaid provider agreements under Chapter	11696
5111. of the Revised Code ~~or payments or provider agreements under~~	11697
~~the disability medical assistance program established under~~	11698
~~Chapter 5115. of the Revised Code~~;	11699

(3) Applying to the purchase of examinations from a sole	11700
supplier by a state licensing board under Title XLVII of the	11701
Revised Code;	11702

(4) Applying to entertainment contracts for the Ohio state	11703
fair entered into by the Ohio expositions commission, provided	11704
that the controlling board has given its approval to the	11705
commission to enter into such contracts and has approved a total	11706
budget amount for such contracts as agreed upon by commission	11707
action, and that the commission causes to be kept itemized records	11708
of the amounts of money spent under each contract and annually	11709
files those records with the clerk of the house of representatives	11710
and the clerk of the senate following the close of the fair;	11711

(5) Limiting the authority of the chief of the division of	11712
mineral resources management to contract for reclamation work with	11713
an operator mining adjacent land as provided in section 1513.27 of	11714
the Revised Code;	11715

(6) Applying to investment transactions and procedures of any	11716
state agency, except that the agency shall file with the board the	11717
name of any person with whom the agency contracts to make, broker,	11718
service, or otherwise manage its investments, as well as the	11719
commission, rate, or schedule of charges of such person with	11720
respect to any investment transactions to be undertaken on behalf	11721
of the agency. The filing shall be in a form and at such times as	11722
the board considers appropriate.	11723

(7) Applying to purchases made with money for the per cent	11724
for arts program established by section 3379.10 of the Revised	11725
Code;	11726

(8) Applying to purchases made by the rehabilitation services	11727
commission of services, or supplies, that are provided to persons	11728
with disabilities, or to purchases made by the commission in	11729
connection with the eligibility determinations it makes for	11730
applicants of programs administered by the social security	11731
administration;	11732

(9) Applying to payments by the department of job and family	11733
services under section 5111.13 of the Revised Code for group	11734
health plan premiums, deductibles, coinsurance, and other	11735
cost-sharing expenses;	11736

(10) Applying to any agency of the legislative branch of the	11737
state government;	11738

(11) Applying to agreements or contracts entered into under	11739
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	11740
Revised Code;	11741

(12) Applying to purchases of services by the adult parole	11742
authority under section 2967.14 of the Revised Code or by the	11743
department of youth services under section 5139.08 of the Revised	11744
Code;	11745

(13) Applying to dues or fees paid for membership in an	11746
organization or association;	11747

(14) Applying to purchases of utility services pursuant to	11748
section 9.30 of the Revised Code;	11749

(15) Applying to purchases made in accordance with rules	11750
adopted by the department of administrative services of motor	11751
vehicle, aviation, or watercraft fuel, or emergency repairs of	11752
such vehicles;	11753

(16) Applying to purchases of tickets for passenger air	11754
transportation;	11755

(17) Applying to purchases necessary to provide public	11756
notifications required by law or to provide notifications of job	11757
openings;	11758

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

11759

(19) Applying to purchases of liquor for resale by the	11760
division of liquor control;	11761

(20) Applying to purchases of motor courier and freight	11762
services made in accordance with department of administrative	11763
services rules;	11764

(21) Applying to purchases from the United States postal	11765
service and purchases of stamps and postal meter replenishment	11766
from vendors at rates established by the United States postal	11767
service;	11768

(22) Applying to purchases of books, periodicals, pamphlets,	11769
newspapers, maintenance subscriptions, and other published	11770
materials;	11771

(23) Applying to purchases from other state agencies,	11772
including state-assisted institutions of higher education;	11773

(24) Limiting the authority of the director of environmental	11774
protection to enter into contracts under division (D) of section	11775
3745.14 of the Revised Code to conduct compliance reviews, as	11776
defined in division (A) of that section;	11777

(25) Applying to purchases from a qualified nonprofit agency	11778
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	11779
the Revised Code;	11780

(26) Applying to payments by the department of job and family	11781
services to the United States department of health and human	11782
services for printing and mailing notices pertaining to the tax	11783
refund offset program of the internal revenue service of the	11784
United States department of the treasury;	11785

(27) Applying to contracts entered into by the department of	11786
mental retardation and developmental disabilities under section	11787
5123.18 of the Revised Code;	11788

(28) Applying to payments made by the department of mental	11789
health under a physician recruitment program authorized by section	11790
5119.101 of the Revised Code;	11791

(29) Applying to contracts entered into with persons by the	11792
director of commerce for unclaimed funds collection and remittance	11793
efforts as provided in division (F) of section 169.03 of the	11794
Revised Code. The director shall keep an itemized accounting of	11795
unclaimed funds collected by those persons and amounts paid to	11796
them for their services.	11797

(30) Applying to purchases made by a state institution of	11798
higher education in accordance with the terms of a contract	11799
between the vendor and an inter-university purchasing group	11800
comprised of purchasing officers of state institutions of higher	11801
education;	11802

(31) Applying to the department of job and family services'	11803
purchases of health assistance services under the children's	11804
health insurance program part I provided for under section 5101.50	11805
of the Revised Code, the children's health insurance program part	11806
II provided for under section 5101.51 of the Revised Code, or the	11807
children's health insurance program part III provided for under	11808
section 5101.52 of the Revised Code, or the children's buy-in	11809
program provided for under sections 5101.5211 to 5101.5216 of the	11810
Revised Code;	11811

(32) Applying to payments by the attorney general from the	11812
reparations fund to hospitals and other emergency medical	11813
facilities for performing medical examinations to collect physical	11814
evidence pursuant to section 2907.28 of the Revised Code;	11815

(33) Applying to contracts with a contracting authority or	11816
administrative receiver under division (B) of section 5126.056 of	11817
the Revised Code;	11818

(34) Applying to ~~reimbursements paid to the United States~~	11819
~~department of veterans affairs for pharmaceutical and patient~~	11820
~~supply purchases made on behalf of the Ohio veterans' home agency~~	11821
purchases of goods and services by the department of veterans	11822
services in accordance with the terms of contracts entered into by	11823
the United States department of veterans affairs;	11824

~~(35) Applying to agreements entered into with terminal~~	11825
~~distributors of dangerous drugs under section 173.79 of the~~	11826
~~Revised Code;~~	11827

~~(36)~~(35) Applying to payments by the superintendent of the	11828
bureau of criminal identification and investigation to the	11829
federal bureau of investigation for criminal records checks	11830
pursuant to section 109.572 of the Revised Code.	11831

(E) When determining whether a state agency has reached the	11832
cumulative purchase thresholds established in divisions (B)(1) and	11833
(2) of this section, all of the following purchases by such agency	11834
shall not be considered:	11835

(1) Purchases made through competitive selection or with	11836
controlling board approval;	11837

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

11838

(3) For the purposes of the threshold of division (B)(1) of	11839
this section only, leases of real estate.	11840

(F) As used in this section, "competitive selection,"	11841
"purchase," "supplies," and "services" have the same meanings as	11842
in section 125.01 of the Revised Code.	11843

Sec. 131.23. The various political subdivisions of this	11844
state may issue bonds, and any indebtedness created by that	11845
issuance shall not be subject to the limitations or included in	11846
the calculation of indebtedness prescribed by sections 133.05,	11847
133.06, 133.07, and 133.09 of the Revised Code, but the bonds may	11848
be issued only under the following conditions:	11849

(A) The subdivision desiring to issue the bonds shall obtain	11850
from the county auditor a certificate showing the total amount of	11851
delinquent taxes due and unpayable to the subdivision at the last	11852
semiannual tax settlement.	11853

(B) The fiscal officer of that subdivision shall prepare a	11854
statement, from the books of the subdivision, verified by the	11855
fiscal officer under oath, which shall contain the following facts	11856
of the subdivision:	11857

(1) The total bonded indebtedness;

11858

(2) The aggregate amount of notes payable or outstanding	11859
accounts of the subdivision, incurred prior to the commencement of	11860
the current fiscal year, which shall include all evidences of	11861
indebtedness issued by the subdivision except notes issued in	11862
anticipation of bond issues and the indebtedness of any	11863
nontax-supported public utility;	11864

(3) Except in the case of school districts, the aggregate	11865
current year's requirement for disability financial assistance ~~and~~	11866
~~disability medical assistance~~ provided under Chapter 5115. of the	11867
Revised Code that the subdivision is unable to finance except by	11868
the issue of bonds;	11869

(4) The indebtedness outstanding through the issuance of any	11870
bonds or notes pledged or obligated to be paid by any delinquent	11871
taxes;	11872

(5) The total of any other indebtedness;

11873

(6) The net amount of delinquent taxes unpledged to pay any	11874
bonds, notes, or certificates, including delinquent assessments on	11875
improvements on which the bonds have been paid;	11876

(7) The budget requirements for the fiscal year for bond and	11877
note retirement;	11878

(8) The estimated revenue for the fiscal year.

11879

(C) The certificate and statement provided for in divisions	11880
(A) and (B) of this section shall be forwarded to the tax	11881
commissioner together with a request for authority to issue bonds	11882
of the subdivision in an amount not to exceed seventy per cent of	11883
the net unobligated delinquent taxes and assessments due and owing	11884
to the subdivision, as set forth in division (B)(6) of this	11885
section.	11886

(D) No subdivision may issue bonds under this section in	11887
excess of a sufficient amount to pay the indebtedness of the	11888
subdivision as shown by division (B)(2) of this section and,	11889
except in the case of school districts, to provide funds for	11890
disability financial assistance ~~and disability medical assistance,~~	11891
as shown by division (B)(3) of this section.	11892

(E) The tax commissioner shall grant to the subdivision	11893
authority requested by the subdivision as restricted by divisions	11894
(C) and (D) of this section and shall make a record of the	11895
certificate, statement, and grant in a record book devoted solely	11896
to such recording and which shall be open to inspection by the	11897
public.	11898

(F) The commissioner shall immediately upon issuing the	11899
authority provided in division (E) of this section notify the	11900
proper authority having charge of the retirement of bonds of the	11901
subdivision by forwarding a copy of the grant of authority and of	11902
the statement provided for in division (B) of this section.	11903

(G) Upon receipt of authority, the subdivision shall proceed	11904
according to law to issue the amount of bonds authorized by the	11905
commissioner, and authorized by the taxing authority, provided the	11906
taxing authority of that subdivision may submit, by resolution, to	11907
the electors of that subdivision the question of issuing the	11908
bonds. The resolution shall make the declarations and statements	11909
required by section 133.18 of the Revised Code. The county auditor	11910
and taxing authority shall thereupon proceed as set forth in	11911
divisions (C) and (D) of that section. The election on the	11912
question of issuing the bonds shall be held under divisions (E),	11913
(F), and (G) of that section, except that publication of the	11914
notice of the election shall be made on two separate days prior to	11915
the election in one or more newspapers of general circulation in	11916
the subdivision, and, if the board of elections operates and	11917
maintains a web site, notice of the election also shall be posted	11918
on that web site for thirty days prior to the election. The bonds	11919
may be exchanged at their face value with creditors of the	11920
subdivision in liquidating the indebtedness described and	11921
enumerated in division (B)(2) of this section or may be sold as	11922
provided in Chapter 133. of the Revised Code, and in either event	11923
shall be uncontestable.	11924

(H) The per cent of delinquent taxes and assessments	11925
collected for and to the credit of the subdivision after the	11926
exchange or sale of bonds as certified by the commissioner shall	11927
be paid to the authority having charge of the sinking fund of the	11928
subdivision, which money shall be placed in a separate fund for	11929
the purpose of retiring the bonds so issued. The proper authority	11930
of the subdivisions shall provide for the levying of a tax	11931
sufficient in amount to pay the debt charges on all such bonds	11932
issued under this section.	11933

(I) This section is for the sole purpose of assisting the	11934
various subdivisions in paying their unsecured indebtedness, and	11935
providing funds for disability financial assistance ~~and disability~~	11936
~~medical assistance~~. The bonds issued under authority of this	11937
section shall not be used for any other purpose, and any exchange	11938
for other purposes, or the use of the money derived from the sale	11939
of the bonds by the subdivision for any other purpose, is	11940
misapplication of funds.	11941

(J) The bonds authorized by this section shall be redeemable	11942
or payable in not to exceed ten years from date of issue and shall	11943
not be subject to or considered in calculating the net	11944
indebtedness of the subdivision. The budget commission of the	11945
county in which the subdivision is located shall annually allocate	11946
such portion of the then delinquent levy due the subdivision which	11947
is unpledged for other purposes to the payment of debt charges on	11948
the bonds issued under authority of this section.	11949

(K) The issue of bonds under this section shall be governed	11950
by Chapter 133. of the Revised Code, respecting the terms used,	11951
forms, manner of sale, and redemption except as otherwise provided	11952
in this section.	11953

The board of county commissioners of any county may issue	11954
bonds authorized by this section and distribute the proceeds of	11955
the bond issues to any or all of the cities and townships of the	11956
county, according to their relative needs for disability financial	11957
assistance ~~and disability medical assistance~~ as determined by the	11958
county.	11959

All sections of the Revised Code inconsistent with or	11960
prohibiting the exercise of the authority conferred by this	11961
section are inoperative respecting bonds issued under this	11962
section.	11963

Sec. 131.33. (A) No state agency shall incur an obligation	11964
which exceeds the agency's current appropriation authority.	11965
~~Unexpended~~Except as provided in division (D) of this section,	11966
unexpended balances of appropriations shall, at the close of the	11967
period for which the appropriations are made, revert to the funds	11968
from which the appropriations were made, except that the director	11969
of budget and management shall transfer such unexpended balances	11970
from the first fiscal year to the second fiscal year of an	11971
agency's appropriations to the extent necessary for voided	11972
warrants to be reissued pursuant to division (C) of section	11973
126.37 of the Revised Code.	11974

Except as provided in this section, appropriations made to a	11975
specific fiscal year shall be expended only to pay liabilities	11976
incurred within that fiscal year.	11977

(B) All payrolls shall be charged to the allotments of the	11978
fiscal quarters in which the applicable payroll vouchers are	11979
certified by the director of budget and management in accordance	11980
with section 126.07 of the Revised Code. As used in this ~~section~~	11981
division, "payrolls" means any payment made in accordance with	11982
section 125.21 of the Revised Code.	11983

(C) Legal liabilities from prior fiscal years for which there	11984
is no reappropriation authority shall be discharged from the	11985
unencumbered balances of current appropriations.	11986

(D)(1) Federal grant funds obligated by the department of job	11987
and family services for financial allocations to county family	11988
services agencies and local workforce investment boards may, at	11989
the discretion of the director of job and family services, be	11990
available for expenditure for the duration of the federal grant	11991
period of obligation and liquidation, as follows:	11992

(a) At the end of the state fiscal year, all unexpended	11993
county family services agency and local workforce investment board	11994
financial allocations obligated from federal grant funds may	11995
continue to be valid for expenditure during subsequent state	11996
fiscal years.	11997

(b) The financial allocations described in division (D)(1)(a)	11998
of this section shall be reconciled at the end of the federal	11999
grant period of availability or as required by federal law,	12000
regardless of the state fiscal year of the appropriation.	12001

(2) The director of job and family services may adopt rules	12002
in accordance with section 111.15 of the Revised Code, as if they	12003
were internal management rules, as necessary to implement division	12004
(D) of this section.	12005

(3) As used in division (D) of this section:

12006

(a) "County family services agency" has the same meaning as	12007
in section 307.981 of the Revised Code.	12008

(b) "Local workforce investment board" means a local	12009
workforce investment board established under section 117 of the	12010
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2832,	12011
as amended.	12012

Sec. 131.38. (A) As used in this section, "segregated	12013
custodial fund" means a fund of a state agency that is established	12014
by law that consists of moneys, claims, bonds, notes, other	12015
obligations, stocks, and other securities, receipts or other	12016
evidences of ownership, and other intangible assets that is	12017
neither required to be kept in the custody of the treasurer of	12018
state nor required to be part of the state treasury.	12019

(B) A state agency that possesses, controls, maintains, or	12020
holds a segregated custodial fund or otherwise evidences ownership	12021
of the contents of a segregated custodial fund shall provide to	12022
the director of budget and management a report related to such	12023
fund by the first day of May of each fiscal year. The report shall	12024
be in such form and contain such information as the director	12025
requires.	12026

Sec. 133.01. As used in this chapter, in sections 9.95,	12027
9.96, and 2151.655 of the Revised Code, in other sections of the	12028
Revised Code that make reference to this chapter unless the	12029
context does not permit, and in related proceedings, unless	12030
otherwise expressly provided:	12031

(A) "Acquisition" as applied to real or personal property	12032
includes, among other forms of acquisition, acquisition by	12033
exercise of a purchase option, and acquisition of interests in	12034
property, including, without limitation, easements and	12035
rights-of-way, and leasehold and other lease interests initially	12036
extending or extendable for a period of at least sixty months.	12037

(B) "Anticipatory securities" means securities, including	12038
notes, issued in anticipation of the issuance of other securities.	12039

(C) "Board of elections" means the county board of elections	12040
of the county in which the subdivision is located. If the	12041
subdivision is located in more than one county, "board of	12042
elections" means the county board of elections of the county that	12043
contains the largest portion of the population of the subdivision	12044
or that otherwise has jurisdiction in practice over and	12045
customarily handles election matters relating to the subdivision.	12046

(D) "Bond retirement fund" means the bond retirement fund	12047
provided for in section 5705.09 of the Revised Code, and also	12048
means a sinking fund or any other special fund, regardless of the	12049
name applied to it, established by or pursuant to law or the	12050
proceedings for the payment of debt charges. Provision may be made	12051
in the applicable proceedings for the establishment in a bond	12052
retirement fund of separate accounts relating to debt charges on	12053
particular securities, or on securities payable from the same or	12054
common sources, and for the application of moneys in those	12055
accounts only to specified debt charges on specified securities or	12056
categories of securities. Subject to law and any provisions in the	12057
applicable proceedings, moneys in a bond retirement fund or	12058
separate account in a bond retirement fund may be transferred to	12059
other funds and accounts.	12060

(E) "Capitalized interest" means all or a portion of the	12061
interest payable on securities from their date to a date stated or	12062
provided for in the applicable legislation, which interest is to	12063
be paid from the proceeds of the securities.	12064

(F) "Chapter 133. securities" means securities authorized by	12065
or issued pursuant to or in accordance with this chapter.	12066

(G) "County auditor" means the county auditor of the county	12067
in which the subdivision is located. If the subdivision is located	12068
in more than one county, "county auditor" means the county auditor	12069
of the county that contains the highest amount of the tax	12070
valuation of the subdivision or that otherwise has jurisdiction in	12071
practice over and customarily handles property tax matters	12072
relating to the subdivision. In the case of a county that has	12073
adopted a charter, "county auditor" means the officer who	12074
generally has the duties and functions provided in the Revised	12075
Code for a county auditor.	12076

(H) "Credit enhancement facilities" means letters of credit,	12077
lines of credit, stand-by, contingent, or firm securities purchase	12078
agreements, insurance, or surety arrangements, guarantees, and	12079
other arrangements that provide for direct or contingent payment	12080
of debt charges, for security or additional security in the event	12081
of nonpayment or default in respect of securities, or for making	12082
payment of debt charges to and at the option and on demand of	12083
securities holders or at the option of the issuer or upon certain	12084
conditions occurring under put or similar arrangements, or for	12085
otherwise supporting the credit or liquidity of the securities,	12086
and includes credit, reimbursement, marketing, remarketing,	12087
indexing, carrying, interest rate hedge, and subrogation	12088
agreements, and other agreements and arrangements for payment and	12089
reimbursement of the person providing the credit enhancement	12090
facility and the security for that payment and reimbursement.	12091

(I) "Current operating expenses" or "current expenses" means	12092
the lawful expenditures of a subdivision, except those for	12093
permanent improvements and for payments of debt charges of the	12094
subdivision.	12095

(J) "Debt charges" means the principal, including any	12096
mandatory sinking fund deposits and mandatory redemption payments,	12097
interest, and any redemption premium, payable on securities as	12098
those payments come due and are payable. The use of "debt charges"	12099
for this purpose does not imply that any particular securities	12100
constitute debt within the meaning of the Ohio Constitution or	12101
other laws.	12102

(K) "Financing costs" means all costs and expenses relating	12103
to the authorization, including any required election, issuance,	12104
sale, delivery, authentication, deposit, custody, clearing,	12105
registration, transfer, exchange, fractionalization, replacement,	12106
payment, and servicing of securities, including, without	12107
limitation, costs and expenses for or relating to publication and	12108
printing, postage, delivery, preliminary and final official	12109
statements, offering circulars, and informational statements,	12110
travel and transportation, underwriters, placement agents,	12111
investment bankers, paying agents, registrars, authenticating	12112
agents, remarketing agents, custodians, clearing agencies or	12113
corporations, securities depositories, financial advisory	12114
services, certifications, audits, federal or state regulatory	12115
agencies, accounting and computation services, legal services and	12116
obtaining approving legal opinions and other legal opinions,	12117
credit ratings, redemption premiums, and credit enhancement	12118
facilities. Financing costs may be paid from any moneys available	12119
for the purpose, including, unless otherwise provided in the	12120
proceedings, from the proceeds of the securities to which they	12121
relate and, as to future financing costs, from the same sources	12122
from which debt charges on the securities are paid and as though	12123
debt charges.	12124

(L) "Fiscal officer" means the following, or, in the case of	12125
absence or vacancy in the office, a deputy or assistant authorized	12126
by law or charter to act in the place of the named officer, or if	12127
there is no such authorization then the deputy or assistant	12128
authorized by legislation to act in the place of the named officer	12129
for purposes of this chapter, in the case of the following	12130
subdivisions:	12131

(1) A county, the county auditor;

12132

(2) A municipal corporation, the city auditor or village	12133
clerk or clerk-treasurer, or the officer who, by virtue of a	12134
charter, has the duties and functions provided in the Revised Code	12135
for the city auditor or village clerk or clerk-treasurer;	12136

(3) A school district, the treasurer of the board of	12137
education;	12138

(4) A regional water and sewer district, the secretary of the	12139
board of trustees;	12140

(5) A joint township hospital district, the treasurer of the	12141
district;	12142

(6) A joint ambulance district, the clerk of the board of	12143
trustees;	12144

(7) A joint recreation district, the person designated	12145
pursuant to section 755.15 of the Revised Code;	12146

(8) A detention facility district or a district organized	12147
under section 2151.65 of the Revised Code or a combined district	12148
organized under sections 2152.41 and 2151.65 of the Revised Code,	12149
the county auditor of the county designated by law to act as the	12150
auditor of the district;	12151

(9) A township, a fire district organized under division (C)	12152
of section 505.37 of the Revised Code, or a township police	12153
district, the fiscal officer of the township;	12154

(10) A joint fire district, the clerk of the board of	12155
trustees of that district;	12156

(11) A regional or county library district, the person	12157
responsible for the financial affairs of that district;	12158

(12) A joint solid waste management district, the fiscal	12159
officer appointed by the board of directors of the district under	12160
section 343.01 of the Revised Code;	12161

(13) A joint emergency medical services district, the person	12162
appointed as fiscal officer pursuant to division (D) of section	12163
307.053 of the Revised Code;	12164

(14) A fire and ambulance district, the person appointed as	12165
fiscal officer under division (B) of section 505.375 of the	12166
Revised Code;	12167

(15) A subdivision described in division (MM)(17) of this	12168
section, the officer who is designated by law as or performs the	12169
functions of its chief fiscal officer.	12170

(M) "Fiscal year" has the same meaning as in section 9.34 of	12171
the Revised Code.	12172

(N) "Fractionalized interests in public obligations" means	12173
participations, certificates of participation, shares, or other	12174
instruments or agreements, separate from the public obligations	12175
themselves, evidencing ownership of interests in public	12176
obligations or of rights to receive payments of, or on account of,	12177
principal or interest or their equivalents payable by or on behalf	12178
of an obligor pursuant to public obligations.	12179

(O) "Fully registered securities" means securities in	12180
certificated or uncertificated form, registered as to both	12181
principal and interest in the name of the owner.	12182

(P) "Fund" means to provide for the payment of debt charges	12183
and expenses related to that payment at or prior to retirement by	12184
purchase, call for redemption, payment at maturity, or otherwise.	12185

(Q) "General obligation" means securities to the payment of	12186
debt charges on which the full faith and credit and the general	12187
property taxing power, including taxes within the tax limitation	12188
if available to the subdivision, of the subdivision are pledged.	12189

(R) "Interest" or "interest equivalent" means those payments	12190
or portions of payments, however denominated, that constitute or	12191
represent consideration for forbearing the collection of money, or	12192
for deferring the receipt of payment of money to a future time.	12193

(S) "Internal Revenue Code" means the "Internal Revenue Code	12194
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and	12195
includes any laws of the United States providing for application	12196
of that code.	12197

(T) "Issuer" means any public issuer and any nonprofit	12198
corporation authorized to issue securities for or on behalf of any	12199
public issuer.	12200

(U) "Legislation" means an ordinance or resolution passed by	12201
a majority affirmative vote of the then members of the taxing	12202
authority unless a different vote is required by charter	12203
provisions governing the passage of the particular legislation by	12204
the taxing authority.	12205

(V) "Mandatory sinking fund redemption requirements" means	12206
amounts required by proceedings to be deposited in a bond	12207
retirement fund for the purpose of paying in any year or fiscal	12208
year by mandatory redemption prior to stated maturity the	12209
principal of securities that is due and payable, except for	12210
mandatory prior redemption requirements as provided in those	12211
proceedings, in a subsequent year or fiscal year.	12212

(W) "Mandatory sinking fund requirements" means amounts	12213
required by proceedings to be deposited in a year or fiscal year	12214
in a bond retirement fund for the purpose of paying the principal	12215
of securities that is due and payable in a subsequent year or	12216
fiscal year.	12217

(X) "Net indebtedness" has the same meaning as in division	12218
(A) of section 133.04 of the Revised Code.	12219

(Y) "Obligor," in the case of securities or fractionalized	12220
interests in public obligations issued by another person the debt	12221
charges or their equivalents on which are payable from payments	12222
made by a public issuer, means that public issuer.	12223

(Z) "One purpose" relating to permanent improvements means	12224
any one permanent improvement or group or category of permanent	12225
improvements for the same utility, enterprise, system, or project,	12226
development or redevelopment project, or for or devoted to the	12227
same general purpose, function, or use or for which	12228
self-supporting securities, based on the same or different sources	12229
of revenues, may be issued or for which special assessments may be	12230
levied by a single ordinance or resolution. "One purpose"	12231
includes, but is not limited to, in any case any off-street	12232
parking facilities relating to another permanent improvement, and:	12233

(1) Any number of roads, highways, streets, bridges,	12234
sidewalks, and viaducts;	12235

(2) Any number of off-street parking facilities;

12236

(3) In the case of a county, any number of permanent	12237
improvements for courthouse, jail, county offices, and other	12238
county buildings, and related facilities;	12239

(4) In the case of a school district, any number of	12240
facilities and buildings for school district purposes, and related	12241
facilities.	12242

(AA) "Outstanding," referring to securities, means securities	12243
that have been issued, delivered, and paid for, except any of the	12244
following:	12245

(1) Securities canceled upon surrender, exchange, or	12246
transfer, or upon payment or redemption;	12247

(2) Securities in replacement of which or in exchange for	12248
which other securities have been issued;	12249

(3) Securities for the payment, or redemption or purchase for	12250
cancellation prior to maturity, of which sufficient moneys or	12251
investments, in accordance with the applicable legislation or	12252
other proceedings or any applicable law, by mandatory sinking fund	12253
redemption requirements, mandatory sinking fund requirements, or	12254
otherwise, have been deposited, and credited for the purpose in a	12255
bond retirement fund or with a trustee or paying or escrow agent,	12256
whether at or prior to their maturity or redemption, and, in the	12257
case of securities to be redeemed prior to their stated maturity,	12258
notice of redemption has been given or satisfactory arrangements	12259
have been made for giving notice of that redemption, or waiver of	12260
that notice by or on behalf of the affected security holders has	12261
been filed with the subdivision or its agent for the purpose.	12262

(BB) "Paying agent" means the one or more banks, trust	12263
companies, or other financial institutions or qualified persons,	12264
including an appropriate office or officer of the subdivision,	12265
designated as a paying agent or place of payment of debt charges	12266
on the particular securities.	12267

(CC) "Permanent improvement" or "improvement" means any	12268
property, asset, or improvement certified by the fiscal officer,	12269
which certification is conclusive, as having an estimated life or	12270
period of usefulness of five years or more, and includes, but is	12271
not limited to, real estate, buildings, and personal property and	12272
interests in real estate, buildings, and personal property,	12273
equipment, furnishings, and site improvements, and reconstruction,	12274
rehabilitation, renovation, installation, improvement,	12275
enlargement, and extension of property, assets, or improvements so	12276
certified as having an estimated life or period of usefulness of	12277
five years or more. The acquisition of all the stock ownership of	12278
a corporation is the acquisition of a permanent improvement to the	12279
extent that the value of that stock is represented by permanent	12280
improvements. A permanent improvement for parking, highway, road,	12281
and street purposes includes resurfacing, but does not include	12282
ordinary repair.	12283

(DD) "Person" has the same meaning as in section 1.59 of the	12284
Revised Code and also includes any federal, state, interstate,	12285
regional, or local governmental agency, any subdivision, and any	12286
combination of those persons.	12287

(EE) "Proceedings" means the legislation, certifications,	12288
notices, orders, sale proceedings, trust agreement or indenture,	12289
mortgage, lease, lease-purchase agreement, assignment, credit	12290
enhancement facility agreements, and other agreements,	12291
instruments, and documents, as amended and supplemented, and any	12292
election proceedings, authorizing, or providing for the terms and	12293
conditions applicable to, or providing for the security or sale or	12294
award of, public obligations, and includes the provisions set	12295
forth or incorporated in those public obligations and proceedings.	12296

(FF) "Public issuer" means any of the following that is	12297
authorized by law to issue securities or enter into public	12298
obligations:	12299

(1) The state, including an agency, commission, officer,	12300
institution, board, authority, or other instrumentality of the	12301
state;	12302

(2) A taxing authority, subdivision, district, or other local	12303
public or governmental entity, and any combination or consortium,	12304
or public division, district, commission, authority, department,	12305
board, officer, or institution, thereof;	12306

(3) Any other body corporate and politic, or other public	12307
entity.	12308

(GG) "Public obligations" means both of the following:

12309

(1) Securities;

12310

(2) Obligations of a public issuer to make payments under	12311
installment sale, lease, lease purchase, or similar agreements,	12312
which obligations may bear interest or interest equivalent.	12313

(HH) "Refund" means to fund and retire outstanding	12314
securities, including advance refunding with or without payment or	12315
redemption prior to maturity.	12316

(II) "Register" means the books kept and maintained by the	12317
registrar for registration, exchange, and transfer of registered	12318
securities.	12319

(JJ) "Registrar" means the person responsible for keeping the	12320
register for the particular registered securities, designated by	12321
or pursuant to the proceedings.	12322

(KK) "Securities" means bonds, notes, certificates of	12323
indebtedness, commercial paper, and other instruments in writing,	12324
including, unless the context does not admit, anticipatory	12325
securities, issued by an issuer to evidence its obligation to	12326
repay money borrowed, or to pay interest, by, or to pay at any	12327
future time other money obligations of, the issuer of the	12328
securities, but not including public obligations described in	12329
division (GG)(2) of this section.	12330

(LL) "Self-supporting securities" means securities or	12331
portions of securities issued for the purpose of paying costs of	12332
permanent improvements to the extent that receipts of the	12333
subdivision, other than the proceeds of taxes levied by that	12334
subdivision, derived from or with respect to the improvements or	12335
the operation of the improvements being financed, or the	12336
enterprise, system, project, or category of improvements of which	12337
the improvements being financed are part, are estimated by the	12338
fiscal officer to be sufficient to pay the current expenses of	12339
that operation or of those improvements or enterprise, system,	12340
project, or categories of improvements and the debt charges	12341
payable from those receipts on securities issued for the purpose.	12342
Until such time as the improvements or increases in rates and	12343
charges have been in operation or effect for a period of at least	12344
six months, the receipts therefrom, for purposes of this	12345
definition, shall be those estimated by the fiscal officer, except	12346
that those receipts may include, without limitation, payments made	12347
and to be made to the subdivision under leases or agreements in	12348
effect at the time the estimate is made. In the case of an	12349
operation, improvements, or enterprise, system, project, or	12350
category of improvements without at least a six-month history of	12351
receipts, the estimate of receipts by the fiscal officer, other	12352
than those to be derived under leases and agreements then in	12353
effect, shall be confirmed by the taxing authority.	12354

(MM) "Subdivision" means any of the following:

12355

(1) A county, including a county that has adopted a charter	12356
under Article X, Ohio Constitution;	12357

(2) A municipal corporation, including a municipal	12358
corporation that has adopted a charter under Article XVIII, Ohio	12359
Constitution;	12360

(3) A school district;

12361

(4) A regional water and sewer district organized under	12362
Chapter 6119. of the Revised Code;	12363

(5) A joint township hospital district organized under	12364
section 513.07 of the Revised Code;	12365

(6) A joint ambulance district organized under section 505.71	12366
of the Revised Code;	12367

(7) A joint recreation district organized under division (C)	12368
of section 755.14 of the Revised Code;	12369

(8) A detention facility district organized under section	12370
2152.41, a district organized under section 2151.65, or a combined	12371
district organized under sections 2152.41 and 2151.65 of the	12372
Revised Code;	12373

(9) A township police district organized under section 505.48	12374
of the Revised Code;	12375

(10) A township;

12376

(11) A joint fire district organized under section 505.371 of	12377
the Revised Code;	12378

(12) A county library district created under section 3375.19	12379
or a regional library district created under section 3375.28 of	12380
the Revised Code;	12381

(13) A joint solid waste management district organized under	12382
section 343.01 or 343.012 of the Revised Code;	12383

(14) A joint emergency medical services district organized	12384
under section 307.052 of the Revised Code;	12385

(15) A fire and ambulance district organized under section	12386
505.375 of the Revised Code;	12387

(16) A fire district organized under division (C) of section	12388
505.37 of the Revised Code;	12389

(17) Any other political subdivision or taxing district or	12390
other local public body or agency authorized by this chapter or	12391
other laws to issue Chapter 133. securities.	12392

(NN) "Taxing authority" means in the case of the following	12393
subdivisions:	12394

(1) A county, a county library district, or a regional	12395
library district, the board or boards of county commissioners, or	12396
other legislative authority of a county that has adopted a charter	12397
under Article X, Ohio Constitution, but with respect to such a	12398
library district acting solely as agent for the board of trustees	12399
of that district;	12400

(2) A municipal corporation, the legislative authority;

12401

(3) A school district, the board of education;

12402

(4) A regional water and sewer district, a joint ambulance	12403
district, a joint recreation district, a fire and ambulance	12404
district, or a joint fire district, the board of trustees of the	12405
district;	12406

(5) A joint township hospital district, the joint township	12407
hospital board;	12408

(6) A detention facility district or a district organized	12409
under section 2151.65 of the Revised Code, a combined district	12410
organized under sections 2152.41 and 2151.65 of the Revised Code,	12411
or a joint emergency medical services district, the joint board of	12412
county commissioners;	12413

(7) A township, a fire district organized under division (C)	12414
of section 505.37 of the Revised Code, or a township police	12415
district, the board of township trustees;	12416

(8) A joint solid waste management district organized under	12417
section 343.01 or 343.012 of the Revised Code, the board of	12418
directors of the district;	12419

(9) A subdivision described in division (MM)(17) of this	12420
section, the legislative or governing body or official.	12421

(OO) "Tax limitation" means the "ten-mill limitation" as	12422
defined in section 5705.02 of the Revised Code without diminution	12423
by reason of section 5705.313 of the Revised Code or otherwise,	12424
or, in the case of a municipal corporation or county with a	12425
different charter limitation on property taxes levied to pay debt	12426
charges on unvoted securities, that charter limitation. Those	12427
limitations shall be respectively referred to as the "ten-mill	12428
limitation" and the "charter tax limitation."	12429

(PP) "Tax valuation" means the aggregate of the valuations of	12430
property subject to ad valorem property taxation by the	12431
subdivision on the real property, personal property, and public	12432
utility property tax lists and duplicates most recently certified	12433
for collection, and shall be calculated without deductions of the	12434
valuations of otherwise taxable property exempt in whole or in	12435
part from taxation by reason of exemptions of certain amounts of	12436
taxable value under division (C) of section 5709.01, tax	12437
reductions under section 323.152 of the Revised Code, or similar	12438
laws now or in the future in effect.	12439

For purposes of section 133.06 of the Revised Code, "tax	12440
valuation" shall not include the valuation of tangible personal	12441
property used in business, telephone or telegraph property,	12442
interexchange telecommunications company property, or personal	12443
property owned or leased by a railroad company and used in	12444
railroad operations listed under or described in section 5711.22,	12445
division (B) or (F) of section 5727.111, or section 5727.12 of the	12446
Revised Code.	12447

(QQ) "Year" means the calendar year.

12448

(RR) "Administrative agent," "agent," "commercial paper,"	12449
"floating rate interest structure," "indexing agent," "interest	12450
rate hedge," "interest rate period," "put arrangement," and	12451
"remarketing agent" have the same meanings as in section 9.98 of	12452
the Revised Code.	12453

(SS) "Sales tax supported" means obligations to the payment	12454
of debt charges on which an additional sales tax or additional	12455
sales taxes have been pledged by the taxing authority of a county	12456
pursuant to section 133.081 of the Revised Code.	12457

Sec. 133.02. (A) Securities lawfully authorized and issued	12458
by an issuer, and fractionalized interests in public obligations,	12459
subject to applicable provisions for registration or of the	12460
proceedings, are negotiable instruments and securities under	12461
Chapters 1303. and 1308. of the Revised Code, notwithstanding that	12462
the promise to pay debt charges on the particular securities or	12463
fractionalized interests may be limited to payment out of a	12464
particular fund or the proceeds from a particular source.	12465

(B) Unless a judicial action or proceeding challenging the	12466
validity of public obligations or of fractionalized interests in	12467
public obligations is commenced by personal service on the chief	12468
executive officer or legal officer or fiscal officer of the issuer	12469
and, if applicable, the obligor, prior to the initial delivery of	12470
the public obligations or the fractionalized interests in public	12471
obligations, the public obligations or the fractionalized	12472
interests in them and the proceedings relating to them are	12473
incontestable and the public obligations or the fractionalized	12474
interests in them shall be conclusively considered to be and to	12475
have been issued, secured, entered into, payable, sold, executed,	12476
and delivered, and the proceedings relating to them taken, in	12477
conformity with all legal requirements if all of the following	12478
apply:	12479

(1) They state that they are issued or entered into under or	12480
pursuant to authorizing provisions of law or of any applicable	12481
charter or the Ohio Constitution and comply on their face with	12482
those provisions.	12483

(2) They are issued or entered into for a lawful purpose, as	12484
stated in the securities or the legislation authorizing their	12485
issuance, and within any limitations prescribed by law.	12486

(3) Their purchase price, if any, has been paid in full.

12487

(4) The transcript of the proceedings contains a statement by	12488
the officer having charge of the applicable records, or by the	12489
legal officer or fiscal officer, of the issuer and, if applicable,	12490
of the obligor that all the proceedings were held in compliance	12491
with law, which statement creates a conclusive presumption that	12492
the proceedings were held in compliance with all laws, including,	12493
as applicable, section 121.22 of the Revised Code, and rules.	12494

(C) An individual as such, or as an officer, director,	12495
stockholder, or employee of or owner of any interest in an entity,	12496
or relatives or business associates of such individual, purchasing	12497
securities or fractionalized interests in public obligations as	12498
the original or subsequent purchaser, or providing a credit	12499
enhancement facility, or acting as a lessor, trustee, fiscal	12500
agent, financial adviser, paying agent, or registrar related	12501
thereto, shall not be deemed to be interested, either directly or	12502
indirectly, solely by reason of such purchase, provision, or	12503
relationship, in such purchase or sale or servicing or in the	12504
contract evidenced by the securities or the fractionalized	12505
interests in public obligations or the credit enhancement	12506
facility, for the purpose of any law of this state that prohibits	12507
a public officer, servant, or employee, or his relatives or	12508
business associates, from being interested in any contract of the	12509
particular issuer or obligor.	12510

(D) As used in this division, "tax compliance payments" means	12511
any amounts determined or estimated as amounts required to be paid	12512
to the federal government in order to maintain the exclusion from	12513
gross income for federal income tax purposes of interest on those	12514
obligations, including any amounts computed at the time to	12515
represent the portion of investment income to be rebated, or	12516
amounts in lieu of or in addition to any rebate amount and any	12517
penalty or interest to be paid, for that purpose pursuant to the	12518
Internal Revenue Code; and "public obligations" includes any bond	12519
within the meaning of section 150(a) of the Internal Revenue Code.	12520

Notwithstanding any other law, an issuer and an obligor may	12521
agree, in specific or general terms, to do or cause or require to	12522
be done all things necessary for, and not to do or permit or	12523
authorize to be done anything that would adversely affect, the	12524
exclusion of interest on public obligations or on fractionalized	12525
interests in public obligations from gross income for federal	12526
income tax purposes under the Internal Revenue Code, or the	12527
classification or qualification of the public obligations or the	12528
interest on the public obligations or fractionalized interests in	12529
public obligations for, or their exemption from, other treatment	12530
under the Internal Revenue Code, including compliance with the	12531
provisions for tax compliance payments to the United States in	12532
accordance with the Internal Revenue Code. Those actions and	12533
covenants and compliance therewith shall be valid, incontestable,	12534
final, and conclusive to the extent that they support that	12535
exclusion from gross income or those classifications,	12536
qualifications, or exemptions. The authorization in this division	12537
is solely for the purpose of satisfying such federal conditions or	12538
requirements, and is in addition to and not a limitation upon	12539
other authorization granted by or pursuant to law or the Ohio	12540
Constitution, and does not preclude or exclude any actions or	12541
covenants by the issuer or obligor, or its officer, to satisfy the	12542
federal conditions or requirements for the purpose, including	12543
actions and covenants previously taken or made. Subject to the	12544
terms of those covenants, compliance with covenants referred to in	12545
this division by the issuer or obligor and its officers are acts	12546
specifically enjoined by law as duties resulting from their	12547
office, trust, and station for purposes of section 2731.01 of the	12548
Revised Code. The issuer or obligor, and its officers, employees,	12549
and agents responsible in the circumstances, shall do all things	12550
necessary or appropriate to comply with such covenants and shall	12551
take all actions to account for, calculate, report, make	12552
available, and make tax compliance payments pursuant to the	12553
Internal Revenue Code to the extent required to comply with such	12554
covenants. In order to protect the tax exemption of interest or	12555
other qualification, classification, or exemption for tax	12556
purposes, and to reduce tax compliance payments:	12557

(1) Moneys from the funds to which any such interest is	12558
credited, and from any fund that is generally available for the	12559
general purposes of the issuer or obligor, available for the	12560
purpose of the securities issue, or available for operating and	12561
maintenance expenses of any improvements financed or refinanced by	12562
that issue or of any system or enterprise of which those	12563
improvements are a part, shall be appropriated and are deemed	12564
appropriated for all purposes to the payment of such amounts	12565
pursuant to such covenant, and may be so appropriated in the	12566
absence of such a covenant. Subject to the provisions of the	12567
applicable proceedings and notwithstanding any statutory or	12568
administrative limitations on the use or transfer of those funds	12569
or receipts, the appropriate official of the issuer or obligor	12570
may:	12571

(a) Withdraw or transfer tax compliance payments from the	12572
fund or funds designated by the issuer or obligor for the purpose,	12573
including any bond, improvement, or special fund, and any bond	12574
retirement fund after provision for current debt charges	12575
requirements, or direct the deposit from receipts, and deposit tax	12576
compliance payments in or credit them to the fund or account	12577
established for the purpose, which establishment is hereby	12578
authorized, and disburse moneys from that fund or account for that	12579
purpose.	12580

(b) Withdraw or transfer investment income from any bond or	12581
improvement fund, from any bond retirement fund after provision	12582
for current debt charges requirements, and from any other special	12583
fund established with respect to an issue of securities, and	12584
deposit that investment income in or credit that investment income	12585
to any other fund or account.	12586

(2) An issuer or obligor may invest any proceeds or gross	12587
proceeds, as defined in the Internal Revenue Code, of public	12588
obligations or fractionalized interests in public obligations in	12589
tax-exempt bonds of any person authorized to issue tax-exempt	12590
bonds under the Internal Revenue Code, and in any regulated	12591
investment company, the investment in which is treated as an	12592
investment in tax-exempt bonds for purposes of provisions of	12593
section 148 of the Internal Revenue Code, and in any special	12594
series of obligations of the United States made available for	12595
purposes of compliance with provisions of section 148 of the	12596
Internal Revenue Code. The authority to invest proceeds under this	12597
division is in addition to and not restricted or conditioned by	12598
any other authority of an issuer to invest its moneys.	12599

Nothing in this division or in other prior or current	12600
provisions of law requires that an issuer or obligor comply with	12601
provisions of federal tax law or regulations to exclude interest	12602
on its public obligations from gross income for federal income tax	12603
purposes or otherwise to have the public obligations or interest	12604
thereon treated in any particular way under federal tax laws,	12605
except to the extent, if any, that the issuer or obligor covenants	12606
to do so, and the validity of the public obligations shall not be	12607
adversely affected by the absence of that compliance or of	12608
compliance with any covenants made pursuant to this division.	12609

This division applies to public obligations and	12610
fractionalized interests in public obligations, outstanding on or	12611
entered into prior to, or issued or entered into on or after,	12612
October 30, 1989.	12613

(E) Notwithstanding any other law, the income from the	12614
investment of proceeds of public obligations or fractionalized	12615
interests in public obligations of a public issuer, or payments	12616
received by or on behalf of a public issuer under section 6341 of	12617
the Internal Revenue Code, 26 U.S.C. 6431, may be credited to the	12618
fund or account in which those proceeds are held, to the fund or	12619
account from which debt charges on those public obligations are	12620
paid, or to the general fund or other fund or account as the	12621
public issuer authorizes, and used for the purposes of that fund	12622
or account.	12623

Sec. 133.022. (A) As used in this section:

12624

(1) "Large local educational agency" and "qualified school	12625
construction bond" have the same meaning as in section 54F of the	12626
Internal Revenue Code, 26 U.S.C. 54F.	12627

(2) "National limit" means, as applicable, the limitation on	12628
the aggregate amount of qualified school construction bonds that	12629
may be issued by the states each calendar year under section 54F	12630
of the Internal Revenue Code.	12631

(3) "State portion" means the portion of the national limit	12632
allocated to this state pursuant to section 54F of the Internal	12633
Revenue Code.	12634

(B)(1) To provide for the orderly and prompt issuance of	12635
qualified school construction bonds, the Ohio school facilities	12636
commission, in consultation with the director of budget and	12637
management, shall allocate the state portion among those issuers	12638
authorized to issue qualified school construction bonds. The Ohio	12639
school facilities commission may also accept from any large local	12640
educational agency the allocation received by that agency under	12641
section 54F(d)(2) of the Internal Revenue Code and reallocate it	12642
to any issuer or issuers authorized to issue obligations,	12643
including any large local educational agency.	12644

(2) The factors to be considered when making allocations of	12645
the state portion or reallocations of any amounts received by a	12646
large local educational agency include the following:	12647

(a) The interests of the state with regard to education and	12648
economic development;	12649

(b) The need and ability of each issuer to issue obligations.

12650

(3) The Ohio school facilities commission, in consultation	12651
with the director of budget and management, shall establish	12652
procedures for making allocations, including those from any	12653
carryover of the state portion, and shall adopt guidelines to	12654
carry out the purposes of this section.	12655

Sec. 133.06. (A) A school district shall not incur, without	12656
a vote of the electors, net indebtedness that exceeds an amount	12657
equal to one-tenth of one per cent of its tax valuation, except as	12658
provided in divisions (G) and (H) of this section and in division	12659
(C) of section 3313.372 of the Revised Code, or as prescribed in	12660
section 3318.052 or 3318.44 of the Revised Code, or as provided in	12661
division (J) of this section.	12662

(B) Except as provided in divisions (E), (F), and (I) of this	12663
section, a school district shall not incur net indebtedness that	12664
exceeds an amount equal to nine per cent of its tax valuation.	12665

(C) A school district shall not submit to a vote of the	12666
electors the question of the issuance of securities in an amount	12667
that will make the district's net indebtedness after the issuance	12668
of the securities exceed an amount equal to four per cent of its	12669
tax valuation, unless the superintendent of public instruction,	12670
acting under policies adopted by the state board of education, and	12671
the tax commissioner, acting under written policies of the	12672
commissioner, consent to the submission. A request for the	12673
consents shall be made at least one hundred five days prior to the	12674
election at which the question is to be submitted.	12675

The superintendent of public instruction shall certify to the	12676
district the superintendent's and the tax commissioner's decisions	12677
within thirty days after receipt of the request for consents.	12678

If the electors do not approve the issuance of securities at	12679
the election for which the superintendent of public instruction	12680
and tax commissioner consented to the submission of the question,	12681
the school district may submit the same question to the electors	12682
on the date that the next special election may be held under	12683
section 3501.01 of the Revised Code without submitting a new	12684
request for consent. If the school district seeks to submit the	12685
same question at any other subsequent election, the district shall	12686
first submit a new request for consent in accordance with this	12687
division.	12688

(D) In calculating the net indebtedness of a school district,	12689
none of the following shall be considered:	12690

(1) Securities issued to acquire school buses and other	12691
equipment used in transporting pupils or issued pursuant to	12692
division (D) of section 133.10 of the Revised Code;	12693

(2) Securities issued under division (F) of this section,	12694
under section 133.301 of the Revised Code, and, to the extent in	12695
excess of the limitation stated in division (B) of this section,	12696
under division (E) of this section;	12697

(3) Indebtedness resulting from the dissolution of a joint	12698
vocational school district under section 3311.217 of the Revised	12699
Code, evidenced by outstanding securities of that joint vocational	12700
school district;	12701

(4) Loans, evidenced by any securities, received under	12702
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the	12703
Revised Code;	12704

(5) Debt incurred under section 3313.374 of the Revised Code;

12705

(6) Debt incurred pursuant to division (B)(5) of section	12706
3313.37 of the Revised Code to acquire computers and related	12707
hardware;	12708

(7) Debt incurred under section 3318.042 of the Revised Code.

12709

(E) A school district may become a special needs district as	12710
to certain securities as provided in division (E) of this section.	12711

(1) A board of education, by resolution, may declare its	12712
school district to be a special needs district by determining both	12713
of the following:	12714

(a) The student population is not being adequately serviced	12715
by the existing permanent improvements of the district.	12716

(b) The district cannot obtain sufficient funds by the	12717
issuance of securities within the limitation of division (B) of	12718
this section to provide additional or improved needed permanent	12719
improvements in time to meet the needs.	12720

(2) The board of education shall certify a copy of that	12721
resolution to the superintendent of public instruction with a	12722
statistical report showing all of the following:	12723

(a) A history of and a projection of the growth of the	12724
student population;	12725

(b) The history of and a projection of the growth of the tax	12726
valuation;	12727

12728

(d) The estimated cost of permanent improvements proposed to	12729
meet such projected needs.	12730

(3) The superintendent of public instruction shall certify	12731
the district as an approved special needs district if the	12732
superintendent finds both of the following:	12733

(a) The district does not have available sufficient	12734
additional funds from state or federal sources to meet the	12735
projected needs.	12736

(b) The projection of the potential average growth of tax	12737
valuation during the next five years, according to the information	12738
certified to the superintendent and any other information the	12739
superintendent obtains, indicates a likelihood of potential	12740
average growth of tax valuation of the district during the next	12741
five years of an average of not less than three per cent per year.	12742
The findings and certification of the superintendent shall be	12743
conclusive.	12744

(4) An approved special needs district may incur net	12745
indebtedness by the issuance of securities in accordance with the	12746
provisions of this chapter in an amount that does not exceed an	12747
amount equal to the greater of the following:	12748

(a) Nine per cent of the sum of its tax valuation plus an	12749
amount that is the product of multiplying that tax valuation by	12750
the percentage by which the tax valuation has increased over the	12751
tax valuation on the first day of the sixtieth month preceding the	12752
month in which its board determines to submit to the electors the	12753
question of issuing the proposed securities;	12754

(b) Nine per cent of the sum of its tax valuation plus an	12755
amount that is the product of multiplying that tax valuation by	12756
the percentage, determined by the superintendent of public	12757
instruction, by which that tax valuation is projected to increase	12758
during the next ten years.	12759

(F) A school district may issue securities for emergency	12760
purposes, in a principal amount that does not exceed an amount	12761
equal to three per cent of its tax valuation, as provided in this	12762
division.	12763

(1) A board of education, by resolution, may declare an	12764
emergency if it determines both of the following:	12765

(a) School buildings or other necessary school facilities in	12766
the district have been wholly or partially destroyed, or condemned	12767
by a constituted public authority, or that such buildings or	12768
facilities are partially constructed, or so constructed or planned	12769
as to require additions and improvements to them before the	12770
buildings or facilities are usable for their intended purpose, or	12771
that corrections to permanent improvements are necessary to remove	12772
or prevent health or safety hazards.	12773

(b) Existing fiscal and net indebtedness limitations make	12774
adequate replacement, additions, or improvements impossible.	12775

(2) Upon the declaration of an emergency, the board of	12776
education may, by resolution, submit to the electors of the	12777
district pursuant to section 133.18 of the Revised Code the	12778
question of issuing securities for the purpose of paying the cost,	12779
in excess of any insurance or condemnation proceeds received by	12780
the district, of permanent improvements to respond to the	12781
emergency need.	12782

(3) The procedures for the election shall be as provided in	12783
section 133.18 of the Revised Code, except that:	12784

(a) The form of the ballot shall describe the emergency	12785
existing, refer to this division as the authority under which the	12786
emergency is declared, and state that the amount of the proposed	12787
securities exceeds the limitations prescribed by division (B) of	12788
this section;	12789

(b) The resolution required by division (B) of section 133.18	12790
of the Revised Code shall be certified to the county auditor and	12791
the board of elections at least seventy-five days prior to the	12792
election;	12793

(c) The county auditor shall advise and, not later than	12794
sixty-five days before the election, confirm that advice by	12795
certification to, the board of education of the information	12796
required by division (C) of section 133.18 of the Revised Code;	12797

(d) The board of education shall then certify its resolution	12798
and the information required by division (D) of section 133.18 of	12799
the Revised Code to the board of elections not less than sixty	12800
days prior to the election.	12801

(4) Notwithstanding division (B) of section 133.21 of the	12802
Revised Code, the first principal payment of securities issued	12803
under this division may be set at any date not later than sixty	12804
months after the earliest possible principal payment otherwise	12805
provided for in that division.	12806

(G) The board of education may contract with an architect,	12807
professional engineer, or other person experienced in the design	12808
and implementation of energy conservation measures for an analysis	12809
and recommendations pertaining to installations, modifications of	12810
installations, or remodeling that would significantly reduce	12811
energy consumption in buildings owned by the district. The report	12812
shall include estimates of all costs of such installations,	12813
modifications, or remodeling, including costs of design,	12814
engineering, installation, maintenance, repairs, and debt service,	12815
and estimates of the amounts by which energy consumption and	12816
resultant operational and maintenance costs, as defined by the	12817
Ohio school facilities commission, would be reduced.	12818

If the board finds after receiving the report that the amount	12819
of money the district would spend on such installations,	12820
modifications, or remodeling is not likely to exceed the amount of	12821
money it would save in energy and resultant operational and	12822
maintenance costs over the ensuing fifteen years, the board may	12823
submit to the commission a copy of its findings and a request for	12824
approval to incur indebtedness to finance the making or	12825
modification of installations or the remodeling of buildings for	12826
the purpose of significantly reducing energy consumption.	12827

If the commission determines that the board's findings are	12828
reasonable, it shall approve the board's request. Upon receipt of	12829
the commission's approval, the district may issue securities	12830
without a vote of the electors in a principal amount not to exceed	12831
nine-tenths of one per cent of its tax valuation for the purpose	12832
of making such installations, modifications, or remodeling, but	12833
the total net indebtedness of the district without a vote of the	12834
electors incurred under this and all other sections of the Revised	12835
Code, except section 3318.052 of the Revised Code, shall not	12836
exceed one per cent of the district's tax valuation.	12837

So long as any securities issued under division (G) of this	12838
section remain outstanding, the board of education shall monitor	12839
the energy consumption and resultant operational and maintenance	12840
costs of buildings in which installations or modifications have	12841
been made or remodeling has been done pursuant to division (G) of	12842
this section and shall maintain and annually update a report	12843
documenting the reductions in energy consumption and resultant	12844
operational and maintenance cost savings attributable to such	12845
installations, modifications, or remodeling. The report shall be	12846
certified by an architect or engineer independent of any person	12847
that provided goods or services to the board in connection with	12848
the energy conservation measures that are the subject of the	12849
report. The resultant operational and maintenance cost savings	12850
shall be certified by the school district treasurer. The report	12851
shall be made available to the commission upon request.	12852

(H) With the consent of the superintendent of public	12853
instruction, a school district may incur without a vote of the	12854
electors net indebtedness that exceeds the amounts stated in	12855
divisions (A) and (G) of this section for the purpose of paying	12856
costs of permanent improvements, if and to the extent that both of	12857
the following conditions are satisfied:	12858

(1) The fiscal officer of the school district estimates that	12859
receipts of the school district from payments made under or	12860
pursuant to agreements entered into pursuant to section 725.02,	12861
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	12862
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	12863
Code, or distributions under division (C) of section 5709.43 of	12864
the Revised Code, or any combination thereof, are, after	12865
accounting for any appropriate coverage requirements, sufficient	12866
in time and amount, and are committed by the proceedings, to pay	12867
the debt charges on the securities issued to evidence that	12868
indebtedness and payable from those receipts, and the taxing	12869
authority of the district confirms the fiscal officer's estimate,	12870
which confirmation is approved by the superintendent of public	12871
instruction;	12872

(2) The fiscal officer of the school district certifies, and	12873
the taxing authority of the district confirms, that the district,	12874
at the time of the certification and confirmation, reasonably	12875
expects to have sufficient revenue available for the purpose of	12876
operating such permanent improvements for their intended purpose	12877
upon acquisition or completion thereof, and the superintendent of	12878
public instruction approves the taxing authority's confirmation.	12879

The maximum maturity of securities issued under division (H)	12880
of this section shall be the lesser of twenty years or the maximum	12881
maturity calculated under section 133.20 of the Revised Code.	12882

(I) A school district may incur net indebtedness by the	12883
issuance of securities in accordance with the provisions of this	12884
chapter in excess of the limit specified in division (B) or (C) of	12885
this section when necessary to raise the school district portion	12886
of the basic project cost and any additional funds necessary to	12887
participate in a project under Chapter 3318. of the Revised Code,	12888
including the cost of items designated by the Ohio school	12889
facilities commission as required locally funded initiatives and	12890
the cost for site acquisition. The school facilities commission	12891
shall notify the superintendent of public instruction whenever a	12892
school district will exceed either limit pursuant to this	12893
division.	12894

(J) A school district whose portion of the basic project cost	12895
of its classroom facilities project under sections 3318.01 to	12896
3318.20 of the Revised Code is greater than or equal to one	12897
hundred million dollars may incur without a vote of the electors	12898
net indebtedness in an amount up to two per cent of its tax	12899
valuation through the issuance of general obligation securities in	12900
order to generate all or part of the amount of its portion of the	12901
basic project cost if the controlling board has approved the	12902
school facilities commission's conditional approval of the project	12903
under section 3318.04 of the Revised Code. The school district	12904
board and the Ohio school facilities commission shall include the	12905
dedication of the proceeds of such securities in the agreement	12906
entered into under section 3318.08 of the Revised Code. No state	12907
moneys shall be released for a project to which this section	12908
applies until the proceeds of any bonds issued under this section	12909
that are dedicated for the payment of the school district portion	12910
of the project are first deposited into the school district's	12911
project construction fund.	12912

Sec. 133.18. (A) The taxing authority of a subdivision may	12913
by legislation submit to the electors of the subdivision the	12914
question of issuing any general obligation bonds, for one purpose,	12915
that the subdivision has power or authority to issue.	12916

(B) When the taxing authority of a subdivision desires or is	12917
required by law to submit the question of a bond issue to the	12918
electors, it shall pass legislation that does all of the	12919
following:	12920

(1) Declares the necessity and purpose of the bond issue;

12921

(2) States the date of the authorized election at which the	12922
question shall be submitted to the electors;	12923

(3) States the amount, approximate date, estimated net	12924
average rate of interest, and maximum number of years over which	12925
the principal of the bonds may be paid;	12926

(4) Declares the necessity of levying a tax outside the tax	12927
limitation to pay the debt charges on the bonds and any	12928
anticipatory securities.	12929

The estimated net average interest rate shall be determined	12930
by the taxing authority based on, among other factors, then	12931
existing market conditions, and may reflect adjustments for any	12932
anticipated direct payments expected to be received by the taxing	12933
authority from the government of the United States relating to the	12934
bonds and the effect of any federal tax credits anticipated to be	12935
available to owners of all or a portion of the bonds. The	12936
estimated net average rate of interest, and any statutory or	12937
charter limit on interest rates that may then be in effect and	12938
that is subsequently amended, shall not be a limitation on the	12939
actual interest rate or rates on the securities when issued.	12940

(C)(1) The taxing authority shall certify a copy of the	12941
legislation passed under division (B) of this section to the	12942
county auditor. The county auditor shall promptly calculate and	12943
advise and, not later than seventy-five days before the election,	12944
confirm that advice by certification to, the taxing authority the	12945
estimated average annual property tax levy, expressed in cents or	12946
dollars and cents for each one hundred dollars of tax valuation	12947
and in mills for each one dollar of tax valuation, that the county	12948
auditor estimates to be required throughout the stated maturity of	12949
the bonds to pay the debt charges on the bonds. In calculating the	12950
estimated average annual property tax levy for this purpose, the	12951
county auditor shall assume that the bonds are issued in one	12952
series bearing interest and maturing in substantially equal	12953
principal amounts in each year over the maximum number of years	12954
over which the principal of the bonds may be paid as stated in	12955
that legislation, and that the amount of the tax valuation of the	12956
subdivision for the current year remains the same throughout the	12957
maturity of the bonds, except as otherwise provided in division	12958
(C)(2) of this section. If the tax valuation for the current year	12959
is not determined, the county auditor shall base the calculation	12960
on the estimated amount of the tax valuation submitted by the	12961
county auditor to the county budget commission. If the subdivision	12962
is located in more than one county, the county auditor shall	12963
obtain the assistance of the county auditors of the other	12964
counties, and those county auditors shall provide assistance, in	12965
establishing the tax valuation of the subdivision for purposes of	12966
certifying the estimated average annual property tax levy.	12967

(2) When considering the tangible personal property component	12968
of the tax valuation of the subdivision, the county auditor shall	12969
take into account the assessment percentages prescribed in section	12970
5711.22 of the Revised Code. The tax commissioner may issue rules,	12971
orders, or instructions directing how the assessment percentages	12972
must be utilized.	12973

(D) After receiving the county auditor's advice under	12974
division (C) of this section, the taxing authority by legislation	12975
may determine to proceed with submitting the question of the issue	12976
of securities, and shall, not later than the seventy-fifth day	12977
before the day of the election, file the following with the board	12978
of elections:	12979

(1) Copies of the legislation provided for in divisions (B)	12980
and (D) of this section;	12981

(2) The amount of the estimated average annual property tax	12982
levy, expressed in cents or dollars and cents for each one hundred	12983
dollars of tax valuation and in mills for each one dollar of tax	12984
valuation, as estimated and certified to the taxing authority by	12985
the county auditor.	12986

(E)(1) The board of elections shall prepare the ballots and	12987
make other necessary arrangements for the submission of the	12988
question to the electors of the subdivision. If the subdivision is	12989
located in more than one county, the board shall inform the boards	12990
of elections of the other counties of the filings with it, and	12991
those other boards shall if appropriate make the other necessary	12992
arrangements for the election in their counties. The election	12993
shall be conducted, canvassed, and certified in the manner	12994
provided in Title XXXV of the Revised Code.	12995

(2) The election shall be held at the regular places for	12996
voting in the subdivision. If the electors of only a part of a	12997
precinct are qualified to vote at the election the board of	12998
elections may assign the electors in that part to an adjoining	12999
precinct, including an adjoining precinct in another county if the	13000
board of elections of the other county consents to and approves	13001
the assignment. Each elector so assigned shall be notified of that	13002
fact prior to the election by notice mailed by the board of	13003
elections, in such manner as it determines, prior to the election.	13004

(3) The board of elections shall publish a notice of the	13005
election, in one or more newspapers of general circulation in the	13006
subdivision, at least once no later than ten days prior to the	13007
election. The notice shall state all of the following:	13008

(a) The principal amount of the proposed bond issue;

13009

(b) The stated purpose for which the bonds are to be issued;

13010

(c) The maximum number of years over which the principal of	13011
the bonds may be paid;	13012

(d) The estimated additional average annual property tax	13013
levy, expressed in cents or dollars and cents for each one hundred	13014
dollars of tax valuation and in mills for each one dollar of tax	13015
valuation, to be levied outside the tax limitation, as estimated	13016
and certified to the taxing authority by the county auditor;	13017

(e) The first calendar year in which the tax is expected to	13018
be due.	13019

(F)(1) The form of the ballot to be used at the election	13020
shall be substantially either of the following, as applicable:	13021

(a) "Shall bonds be issued by the ............ (name of	13022
subdivision) for the purpose of ........... (purpose of the bond	13023
issue) in the principal amount of .......... (principal amount of	13024
the bond issue), to be repaid annually over a maximum period of	13025
.......... (the maximum number of years over which the principal	13026
of the bonds may be paid) years, and an annual levy of property	13027
taxes be made outside the .......... (as applicable, "ten-mill" or	13028
"...charter tax") limitation, estimated by the county auditor to	13029
average over the repayment period of the bond issue ..........	13030
(number of mills) mills for each one dollar of tax valuation,	13031
which amounts to .......... (rate expressed in cents or dollars	13032
and cents, such as "36 cents" or "$1.41") for each one hundred	13033
dollars of tax valuation, commencing in .......... (first year the	13034
tax will be levied), first due in calendar year .......... (first	13035
calendar year in which the tax shall be due), to pay the annual	13036
debt charges on the bonds, and to pay debt charges on any notes	13037
issued in anticipation of those bonds?	13038

13039

		For the bond issue			13040
		Against the bond issue	"		13041

13042

(b) In the case of an election held pursuant to legislation	13043
adopted under section 3375.43 or 3375.431 of the Revised Code:	13044

"Shall bonds be issued for .......... (name of library) for	13045
the purpose of .......... (purpose of the bond issue), in the	13046
principal amount of .......... (amount of the bond issue) by	13047
.......... (the name of the subdivision that is to issue the bonds	13048
and levy the tax) as the issuer of the bonds, to be repaid	13049
annually over a maximum period of .......... (the maximum number	13050
of years over which the principal of the bonds may be paid) years,	13051
and an annual levy of property taxes be made outside the ten-mill	13052
limitation, estimated by the county auditor to average over the	13053
repayment period of the bond issue .......... (number of mills)	13054
mills for each one dollar of tax valuation, which amounts to	13055
.......... (rate expressed in cents or dollars and cents, such as	13056
"36 cents" or "$1.41") for each one hundred dollars of tax	13057
valuation, commencing in .......... (first year the tax will be	13058
levied), first due in calendar year .......... (first calendar	13059
year in which the tax shall be due), to pay the annual debt	13060
charges on the bonds, and to pay debt charges on any notes issued	13061
in anticipation of those bonds?	13062

13063

		For the bond issue			13064
		Against the bond issue	"		13065

13066

(2) The purpose for which the bonds are to be issued shall be	13067
printed in the space indicated, in boldface type.	13068

(G) The board of elections shall promptly certify the results	13069
of the election to the tax commissioner, the county auditor of	13070
each county in which any part of the subdivision is located, and	13071
the fiscal officer of the subdivision. The election, including the	13072
proceedings for and result of the election, is incontestable other	13073
than in a contest filed under section 3515.09 of the Revised Code	13074
in which the plaintiff prevails.	13075

(H) If a majority of the electors voting upon the question	13076
vote for it, the taxing authority of the subdivision may proceed	13077
under sections 133.21 to 133.33 of the Revised Code with the	13078
issuance of the securities and with the levy and collection of a	13079
property tax outside the tax limitation during the period the	13080
securities are outstanding sufficient in amount to pay the debt	13081
charges on the securities, including debt charges on any	13082
anticipatory securities required to be paid from that tax. If	13083
legislation passed under section 133.22 or 133.23 of the Revised	13084
Code authorizing those securities is filed with the county auditor	13085
on or before the last day of November, the amount of the voted	13086
property tax levy required to pay debt charges or estimated debt	13087
charges on the securities payable in the following year shall if	13088
requested by the taxing authority be included in the taxes levied	13089
for collection in the following year under section 319.30 of the	13090
Revised Code.	13091

(I)(1) If, before any securities authorized at an election	13092
under this section are issued, the net indebtedness of the	13093
subdivision exceeds that applicable to that subdivision or those	13094
securities, then and so long as that is the case none of the	13095
securities may be issued.	13096

(2) No securities authorized at an election under this	13097
section may be initially issued after the first day of the sixth	13098
January following the election, but this period of limitation	13099
shall not run for any time during which any part of the permanent	13100
improvement for which the securities have been authorized, or the	13101
issuing or validity of any part of the securities issued or to be	13102
issued, or the related proceedings, is involved or questioned	13103
before a court or a commission or other tribunal, administrative	13104
agency, or board.	13105

(3) Securities representing a portion of the amount	13106
authorized at an election that are issued within the applicable	13107
limitation on net indebtedness are valid and in no manner affected	13108
by the fact that the balance of the securities authorized cannot	13109
be issued by reason of the net indebtedness limitation or lapse of	13110
time.	13111

(4) Nothing in this division (I) shall be interpreted or	13112
applied to prevent the issuance of securities in an amount to fund	13113
or refund anticipatory securities lawfully issued.	13114

(5) The limitations of divisions (I)(1) and (2) of this	13115
section do not apply to any securities authorized at an election	13116
under this section if at least ten per cent of the principal	13117
amount of the securities, including anticipatory securities,	13118
authorized has theretofore been issued, or if the securities are	13119
to be issued for the purpose of participating in any federally or	13120
state-assisted program.	13121

(6) The certificate of the fiscal officer of the subdivision	13122
is conclusive proof of the facts referred to in this division.	13123

Sec. 133.20. (A) This section applies to bonds that are	13124
general obligation Chapter 133. securities. If the bonds are	13125
payable as to principal by provision for annual installments, the	13126
period of limitations on their last maturity, referred to as their	13127
maximum maturity, shall be measured from a date twelve months	13128
prior to the first date on which provision for payment of	13129
principal is made. If the bonds are payable as to principal by	13130
provision for semiannual installments, the period of limitations	13131
on their last maturity shall be measured from a date six months	13132
prior to the first date on which provision for payment of	13133
principal is made.	13134

(B) Bonds issued for the following permanent improvements or	13135
for permanent improvements for the following purposes shall have	13136
maximum maturities not exceeding the number of years stated:	13137

(1) Fifty years:

13138

(a) The clearance and preparation of real property for	13139
redevelopment as an urban redevelopment project;	13140

(b) Acquiring, constructing, widening, relocating, enlarging,	13141
extending, and improving a publicly owned railroad or line of	13142
railway or a light or heavy rail rapid transit system, including	13143
related bridges, overpasses, underpasses, and tunnels, but not	13144
including rolling stock or equipment;	13145

(c) Pursuant to section 307.675 of the Revised Code,	13146
constructing or repairing a bridge using long life expectancy	13147
material for the bridge deck, and purchasing, installing, and	13148
maintaining any performance equipment to monitor the physical	13149
condition of a bridge so constructed or repaired. Additionally,	13150
the average maturity of the bonds shall not exceed the expected	13151
useful life of the bridge deck as determined by the county	13152
engineer under that section.	13153

(2) Forty years:

13154

(a) General waterworks or water system permanent	13155
improvements, including buildings, water mains, or other	13156
structures and facilities in connection therewith;	13157

(b) Sewers or sewage treatment or disposal works or	13158
facilities, including fireproof buildings or other structures in	13159
connection therewith;	13160

(c) Storm water drainage, surface water, and flood prevention	13161
facilities.	13162

(3) Thirty-five years:

13163

(a) An arena, a convention center, or a combination of an	13164
arena and convention center under section 307.695 of the Revised	13165
Code;	13166

(b) Sports facilities.

13167

(4) Thirty years:

13168

(a) Municipal recreation, excluding recreational equipment;

13169

(b) Urban redevelopment projects;

13170

(c) Acquisition of real property, except as provided in	13171
division (F) of this section;	13172

(d) Street or alley lighting purposes or relocating overhead	13173
wires, cables, and appurtenant equipment underground.	13174

(5) Twenty years: constructing, reconstructing, widening,	13175
opening, improving, grading, draining, paving, extending, or	13176
changing the line of roads, highways, expressways, freeways,	13177
streets, sidewalks, alleys, or curbs and gutters, and related	13178
bridges, viaducts, overpasses, underpasses, grade crossing	13179
eliminations, service and access highways, and tunnels.	13180

(6) Fifteen years:

13181

(a) Resurfacing roads, highways, streets, or alleys;

13182

(b) Alarm, telegraph, or other communications systems for	13183
police or fire departments or other emergency services;	13184

13185

(d) Energy conservation measures as authorized by section	13186
133.06 of the Revised Code.	13187

(7) Ten years:

13188

(a) Water meters;

13189

(b) Fire department apparatus and equipment;

13190

(c) Road rollers and other road construction and servicing	13191
vehicles;	13192

(d) Furniture, equipment, and furnishings;

13193

(e) Landscape planting and other site improvements;

13194

(f) Playground, athletic, and recreational equipment and	13195
apparatus;	13196

(g) Energy conservation measures as authorized by section	13197
505.264 of the Revised Code.	13198

(8) Five years: New motor vehicles other than those described	13199
in any other division of this section and those for which	13200
provision is made in other provisions of the Revised Code.	13201

(C) Bonds issued for any permanent improvements not within	13202
the categories set forth in division (B) of this section shall	13203
have maximum maturities of from five to thirty years as the fiscal	13204
officer estimates is the estimated life or period of usefulness of	13205
those permanent improvements. Bonds issued under section 133.51 of	13206
the Revised Code for purposes other than permanent improvements	13207
shall have the maturities, not to exceed forty years, that the	13208
taxing authority shall specify. Bonds issued for energy	13209
conservation measures under section 307.041 of the Revised Code	13210
shall have maximum maturities not exceeding the lesser of the	13211
average life of the energy conservation measures as detailed in	13212
the energy conservation report prepared under that section or	13213
thirty years.	13214

(D) Securities issued under section 505.265 of the Revised	13215
Code shall mature not later than December 31, 2035.	13216

(E) A securities issue for one purpose may include permanent	13217
improvements within two or more categories under divisions (B) and	13218
(C) of this section. The maximum maturity of such a bond issue	13219
shall not exceed the average number of years of life or period of	13220
usefulness of the permanent improvements as measured by the	13221
weighted average of the amounts expended or proposed to be	13222
expended for the categories of permanent improvements.	13223

(F) Securities issued by a school district to acquire or	13224
construct real property shall have a maximum maturity longer than	13225
thirty years, but not longer than forty years, if the school	13226
district's fiscal officer estimates the real property's useful	13227
life to be longer than thirty years, and certifies that estimate	13228
to the board of education.	13229

Sec. 133.21. (A) Except as provided in divisions (B) and (C)	13230
of this section, the principal amount of securities issued by any	13231
subdivision shall be payable in semiannual or annual installments,	13232
as serial securities or by mandatory sinking fund or mandatory	13233
sinking fund redemption requirements, in:	13234

(1) Substantially equal principal installments; or

13235

(2) In such principal installments that the total principal	13236
and interest payments on those securities in any fiscal year in	13237
which principal is payable is:	13238

(a) Not more than three times the amount of those payments in	13239
any other fiscal year; or	13240

(b) Substantially equal; or

13241

(c) In the case of self-supporting securities, those payments	13242
on the securities and on other securities, except anticipatory	13243
securities, issued for the self-supporting purpose, substantially	13244
equal.	13245

(B) Except for refunding securities issued pursuant to	13246
section 133.34 of the Revised Code, and except for securities	13247
issued to fund or refund anticipatory securities to the extent	13248
required to comply with division (C)(2) or (3) of section 133.22	13249
of the Revised Code, the first principal payment of securities	13250
issued with semiannual payments shall not be later than the first	13251
day of the second February following the fifteenth day of July	13252
next following the passage of the legislation that authorized the	13253
issue of the securities and of securities issued with annual	13254
payments shall not be later than the first day of the third August	13255
next following the fifteenth day of July next following such	13256
passage.	13257

(C) Divisions (A) and (B) of this section do not apply to any	13258
of the following:	13259

(1) Anticipatory securities;

13260

(2) Securities that are not general obligation securities;

13261

(3) General obligation securities issued for the purpose of	13262
the acquisition of real property and the clearance and preparation	13263
thereof for redevelopment as an urban development project, which	13264
may mature or be payable in annual or semiannual installments and	13265
in such amounts as may be determined by the taxing authority of	13266
the municipal corporation issuing the securities, and which may	13267
have a first principal payment date set at any date not later than	13268
sixty months from the date the securities are issued.	13269

(D) For purposes of this section, payments of principal, in	13270
the case of principal payable in accordance with mandatory sinking	13271
fund or mandatory sinking fund redemption requirements, means the	13272
sinking fund deposits on account of principal; and, in the case of	13273
securities issued in multiple installments or series for the same	13274
purpose, the principal payment requirement of division (A) of this	13275
section may be met either with respect to each installment or	13276
series of the securities or with respect to all installments or	13277
series on a consolidated basis.	13278

Sec. 133.34. (A) Upon the determination of the taxing	13279
authority that such ~~issuance~~funding or refunding will be in the	13280
subdivision's best interest, the subdivision may:	13281

(1) Issue general obligation securities to fund or refund any	13282
outstanding revenue or mortgage revenue, sales tax supported, or	13283
other special obligation securities previously issued by it for	13284
permanent improvements pursuant to authorization by law or the	13285
Ohio Constitution. Any general obligation bonds issued pursuant to	13286
this division (A)(1) shall be payable as to principal at such	13287
times and in such installments as determined by the taxing	13288
authority consistent with section 133.21 of the Revised Code, but	13289
their last maturity shall not be later than thirty years from the	13290
date of issuance of the original securities issued for the	13291
original purpose.	13292

(2) Issue revenue or mortgage revenue securities, if	13293
authorized by other law or the Ohio Constitution to issue such	13294
securities for the original purpose, to fund or refund any	13295
outstanding general obligation or ~~sale~~sales tax supported	13296
securities previously issued by it pursuant to authorization by	13297
law. The taxing authority shall establish the maturity date or	13298
dates, the interest payable, and other terms of such securities as	13299
it considers necessary or appropriate for their issuance.	13300

(3) Issue general obligation securities to fund or refund	13301
outstanding general obligation bonds issued in one or more issues	13302
for any purpose or purposes. General obligation securities issued	13303
pursuant to this division (A)(3) shall be payable as to principal	13304
at such times and in such installments as determined by the taxing	13305
authority. Section 133.21 of the Revised Code is not applicable to	13306
these refunding securities, but the last maturity of these	13307
refunding securities shall not be later than the year of last	13308
maturity permitted by law for the general obligation bonds	13309
refunded. Tax levies for debt charges on the refunding general	13310
obligation securities shall be considered to have the same status	13311
with respect to the provisions of the applicable tax limitation as	13312
the levies for debt charges on, and the refunding general	13313
obligation securities shall be considered to have the same status	13314
with respect to net indebtedness limitations as, the general	13315
obligation bonds that are refunded.	13316

(4) Issue sales tax supported securities to fund or refund	13317
any outstanding revenue or mortgage revenue or general obligation	13318
or other special obligation securities previously issued by it for	13319
permanent improvements pursuant to authorization by law or the	13320
Ohio Constitution. Any sales tax supported bonds issued pursuant	13321
to this division (A)(4) shall be payable as to principal at such	13322
times and in such installments as determined by the taxing	13323
authority consistent with division (E) of section 133.081 of the	13324
Revised Code, but their last maturity shall be consistent with	13325
division (B) of section 133.081 of the Revised Code.	13326

(5) Apply moneys from other sources to fund any outstanding	13327
securities or public obligations issued by the taxing authority	13328
pursuant to authorization by law or the Ohio Constitution,	13329
including the funding of any mandatory sinking fund redemption	13330
requirements.	13331

(B) Securities issued pursuant to this section shall be	13332
considered to be issued for the same purpose or purposes as the	13333
securities that they are issued to fund or refund, and their	13334
proceeds shall be used as determined by the taxing authority	13335
consistent with their purpose. That use may include the payment of	13336
the outstanding principal amount of, any redemption premium on,	13337
and any interest to redemption or maturity on, the securities	13338
being funded or refunded, and any expenses relating to the funding	13339
or refunding or the issuance of the refunding bonds, including	13340
financing costs, all as determined by the taxing authority.	13341
Proceeds of securities issued pursuant to this section may also be	13342
used to provide additional money for the purpose or purposes for	13343
which the securities being funded or refunded, or which they	13344
funded or refunded, were issued, but section 133.21 of the Revised	13345
Code is applicable to any such portion of general obligation	13346
securities.	13347

(C) Securities may be issued and other moneys may be applied	13348
pursuant to this section to fund or refund all or any portion of	13349
the outstanding securities, and whether or not the securities to	13350
be funded or refunded were issued subject to call or redemption	13351
prior to maturity or are the original securities or are themselves	13352
refunding securities.	13353

(D) Moneys derived from the proceeds of securities issued	13354
pursuant to this section to fund or refund general obligation	13355
bonds, or moneys from other sources, and required for the purpose	13356
shall, under an escrow agreement or otherwise, to the extent	13357
required by the legislation be placed in an escrow fund, which may	13358
be in the bond retirement fund in the case of the funded or	13359
refunded bonds being payable within ninety days of issuance of the	13360
refunding securities, and other moneys applied pursuant to this	13361
section to fund general obligation bonds shall, under an escrow	13362
agreement or otherwise, to the extent required by the legislation,	13363
be placed in an escrow fund that may be in the sinking fund or	13364
bond retirement fund, and in either case are pledged for the	13365
purpose of funding or refunding the refunded general obligation	13366
bonds and shall be used, together with any other available funds	13367
as provided in this section, for that purpose. Pending that use,	13368
the moneys in escrow shall be invested in direct obligations of or	13369
obligations guaranteed as to payment by the United States that	13370
mature or are subject to redemption by and at the option of the	13371
holder not later than the date or dates when the moneys, together	13372
with interest or other investment income accrued on those moneys,	13373
will be required for that use. Any moneys in the escrow fund	13374
derived from the issuance of revenue or mortgage revenue or sales	13375
tax supported securities that will not be needed to pay debt	13376
charges on the funded or refunded general obligation bonds may be	13377
used for and pledged to the payment of debt charges on the	13378
refunding securities and on any securities issued on a parity with	13379
the refunding securities. Any moneys in the escrow fund derived	13380
from the proceeds of refunding general obligation securities and	13381
that will not be needed to pay debt charges on the refunded	13382
general obligation bonds shall be transferred to the bond	13383
retirement fund. When the subdivision has placed in escrow moneys,	13384
derived from proceeds of refunding obligations or otherwise, or	13385
those direct or guaranteed obligations of the United States, or a	13386
combination of both, determined by an independent public	13387
accounting firm to be sufficient, with the interest or other	13388
investment income accruing on those direct or guaranteed	13389
obligations, for the payment of debt charges on the funded or	13390
refunded general obligation bonds, the funded or refunded general	13391
obligation bonds shall no longer be considered to be outstanding,	13392
shall not be considered for purposes of determining any	13393
limitation, direct or indirect, on the indebtedness or net	13394
indebtedness of the subdivision, and the levy of taxes or other	13395
charges for the payment of debt charges on the funded or refunded	13396
general obligation bonds under this chapter, Chapter 5705., or	13397
other provisions of the Revised Code, shall not be required. For	13398
purposes of this division, "direct obligations of or obligations	13399
guaranteed as to payment by the United States" includes rights to	13400
receive payment or portions of payments of the principal of or	13401
interest or other investment income on:	13402

(1) Those obligations; and

13403

(2) Other obligations fully secured as to payment by those	13404
obligations and the interest or other investment income on those	13405
obligations.	13406

(E) The authority granted by this section is in addition to	13407
and not a limitation on any other authorizations granted by or	13408
pursuant to law or the Ohio Constitution for the same or similar	13409
purposes, and does not limit or restrict the authority of	13410
municipal corporations to issue, under authority of Article XVIII,	13411
Ohio Constitution, revenue or mortgage revenue securities to fund	13412
or refund either general obligation securities or other revenue or	13413
mortgage revenue securities.	13414

Sec. 135.03. Any national bank, any bank doing business	13415
under authority granted by the superintendent of financial	13416
institutions, or any bank doing business under authority granted	13417
by the regulatory authority of another state of the United States,	13418
located in this state ~~and any bank as defined by section 1101.01~~	13419
~~of the Revised Code, subject to inspection by the superintendent~~	13420
~~of financial institutions~~, is eligible to become a public	13421
depository, subject to sections 135.01 to 135.21 of the Revised	13422
Code. No bank shall receive or have on deposit at any one time	13423
public moneys, including public moneys as defined in section	13424
135.31 of the Revised Code, in an aggregate amount in excess of	13425
thirty per cent of its total assets, as shown in its latest	13426
report to the ~~superintendent of financial institutions or~~	13427
comptroller of the currency, the superintendent of financial	13428
institutions, the federal deposit insurance corporation, or the	13429
board of governors of the federal reserve system.	13430

Any ~~domestic association as defined in section 1151.01 of the~~	13431
~~Revised Code, or any savings bank as defined in section 1161.01 of~~	13432
~~the Revised Code,~~federal savings association, any savings and	13433
loan association or savings bank doing business under authority	13434
granted by the superintendent of financial institutions, or any	13435
savings and loan association or savings bank doing business under	13436
authority granted by the regulatory authority of another state of	13437
the United States, located in this state, and authorized to accept	13438
deposits is eligible to become a public depository, subject to	13439
sections 135.01 to 135.21 of the Revised Code. No ~~domestic~~	13440
savings association, savings and loan association, or savings bank	13441
shall receive or have on deposit at any one time public moneys,	13442
including public moneys as defined in section 135.31 of the	13443
Revised Code, in an aggregate amount in excess of thirty per cent	13444
of its total assets, as shown in its latest report to the	13445
~~superintendent of financial institutions or federal home loan bank~~	13446
~~board~~office of thrift supervision, the superintendent of	13447
financial institutions, the federal deposit insurance corporation,	13448
or the board of governors of the federal reserve system.	13449

Sec. 135.06. Each eligible institution desiring to be a	13450
public depository of the inactive deposits of the public moneys of	13451
the state or of the inactive deposits of the public moneys of the	13452
subdivision shall, not more than thirty days prior to the date	13453
fixed by section 135.12 of the Revised Code for the designation of	13454
such public depositories, make application therefor in writing to	13455
the proper governing board. Such application shall specify the	13456
maximum amount of such public moneys which the applicant desires	13457
to receive and have on deposit as an inactive deposit at any one	13458
time during the period covered by the designation, provided that,	13459
~~where such applicant is a bank,~~ it shall not apply for more than	13460
thirty per cent of its total assets as revealed by its latest	13461
report to the superintendent of ~~banks or~~financial institutions,	13462
the comptroller of the currency, ~~and provided that where such~~	13463
~~applicant is a building and loan association, it shall not apply~~	13464
~~for more than thirty per cent of its total assets as revealed by~~	13465
~~its latest report to the superintendent of building and loan~~	13466
~~associations or the federal home loan bank board~~the office of	13467
thrift supervision, the federal deposit insurance corporation, or	13468
the board of governors of the federal reserve system, and the	13469
rate of interest which the applicant~~, whether it be a bank or a~~	13470
~~building and loan association,~~ will pay thereon, subject to the	13471
limitations of sections 135.01 to 135.21 of the Revised Code.	13472
Each application shall be accompanied by a financial statement of	13473
the applicant, under oath of its cashier, treasurer, or other	13474
officer, in such detail as to show the capital funds of the	13475
applicant, as of the date of its latest report to the	13476
superintendent ~~of banks, superintendent of building and loan~~	13477
~~associations, federal home loan bank board, or~~of financial	13478
institutions, the comptroller of the currency, the office of	13479
thrift supervision, the federal deposit insurance corporation, or	13480
the board of governors of the federal reserve system, and adjusted	13481
to show any changes therein made prior to the date of the	13482
application. Such application may be combined with an application	13483
for designation as a public depository of active deposits, interim	13484
deposits, or both.	13485

Sec. 135.08. Each eligible institution desiring to be a	13486
public depository of interim deposits of the public moneys of the	13487
state or of the interim deposits of the public moneys of the	13488
subdivision shall, not more than thirty days prior to the date	13489
fixed by section 135.12 of the Revised Code for the designation of	13490
public depositories, make application therefor in writing to the	13491
proper governing board. Such application shall specify the maximum	13492
amount of such public moneys which the applicant desires to	13493
receive and have on deposit as interim deposits at any one time	13494
during the period covered by the designation, provided that~~, where~~	13495
~~such applicant is a bank,~~ it shall not apply for more than thirty	13496
per cent of its total assets as revealed by its latest report to	13497
the superintendent of ~~banks or~~financial institutions, the	13498
comptroller of the currency, ~~and provided that where such~~	13499
~~applicant is a building and loan association, it shall not apply~~	13500
~~for more than thirty per cent of its total assets as revealed by~~	13501
~~its latest report to the superintendent of building and loan~~	13502
~~associations or the federal home loan bank board~~the office of	13503
thrift supervision, the federal deposit insurance corporation, or	13504
the board of governors of the federal reserve system, and the rate	13505
of interest which the applicant~~, whether it be a bank or a~~	13506
~~building and loan association,~~ will pay thereon, subject to the	13507
limitations of sections 135.01 to 135.21 of the Revised Code.	13508

Each application shall be accompanied by a financial	13509
statement of the applicant, under oath of its cashier, treasurer,	13510
or other officer, in such detail as to show the capital funds of	13511
the applicant, as of the date of its latest report to the	13512
superintendent of ~~banks, superintendent of building and loan~~	13513
~~associations, federal home loan bank board, or~~financial	13514
institutions, the comptroller of the currency, the office of	13515
thrift supervision, the federal deposit insurance corporation, or	13516
the board of governors of the federal reserve system, and adjusted	13517
to show any changes therein made prior to the date of the	13518
application. Such application may be combined with an application	13519
for designation as a public depository of inactive deposits,	13520
active deposits, or both.	13521

Sec. 135.32. (A) Any national bank, any bank doing business	13522
under authority granted by the superintendent of financial	13523
institutions, or any bank doing business under authority granted	13524
by the regulatory authority of another state of the United States,	13525
located in this state ~~and any bank as defined in section 1101.01~~	13526
~~of the Revised Code, subject to inspection by the superintendent~~	13527
~~of financial institutions~~, is eligible to become a public	13528
depository, subject to sections 135.31 to 135.40 of the Revised	13529
Code. No bank shall receive or have on deposit at any one time	13530
public moneys, including public moneys as defined in section	13531
135.01 of the Revised Code, in an aggregate amount in excess of	13532
thirty per cent of its total assets, as shown in its latest	13533
report to the ~~superintendent of financial institutions or~~	13534
comptroller of the currency, the superintendent of financial	13535
institutions, the federal deposit insurance corporation, or the	13536
board of governors of the federal reserve system.	13537

(B) Any ~~domestic association as defined in section 1151.01 of~~	13538
~~the Revised Code, or any savings bank as defined in section~~	13539
~~1161.01 of the Revised Code,~~federal savings association, any	13540
savings and loan association or savings bank doing business under	13541
authority granted by the superintendent of financial institutions,	13542
or any savings and loan association or savings bank doing business	13543
under authority granted by the regulatory authority of another	13544
state of the United States, located in this state, and authorized	13545
to accept deposits is eligible to become a public depository,	13546
subject to sections 135.31 to 135.40 of the Revised Code. No	13547
~~domestic~~savings association, savings and loan association, or	13548
savings bank shall receive or have on deposit at any one time	13549
public moneys, including public moneys as defined in section	13550
135.01 of the Revised Code, in an aggregate amount in excess of	13551
thirty per cent of its total assets, as shown in its latest	13552
report to ~~the superintendent of financial institutions or federal~~	13553
~~home loan bank board~~the office of thrift supervision, the	13554
superintendent of financial institutions, the federal deposit	13555
insurance corporation, or the board of governors of the federal	13556
reserve system.	13557

Sec. 141.04. (A) The annual salaries of the chief justice of	13558
the supreme court and of the justices and judges named in this	13559
section payable from the state treasury are as follows, rounded to	13560
the nearest fifty dollars:	13561

(1) For the chief justice of the supreme court, the following	13562
amounts effective in the following years:	13563

(a) Beginning January 1, 2000, one hundred twenty-four	13564
thousand nine hundred dollars;	13565

(b) Beginning January 1, 2001, one hundred twenty-eight	13566
thousand six hundred fifty dollars;	13567

(c) After 2001, the amount determined under division (E)(1)	13568
of this section.	13569

(2) For the justices of the supreme court, the following	13570
amounts effective in the following years:	13571

(a) Beginning January 1, 2000, one hundred seventeen thousand	13572
two hundred fifty dollars;	13573

(b) Beginning January 1, 2001, one hundred twenty thousand	13574
seven hundred fifty dollars;	13575

(c) After 2001, the amount determined under division (E)(1)	13576
of this section.	13577

(3) For the judges of the courts of appeals, the following	13578
amounts effective in the following years:	13579

(a) Beginning January 1, 2000, one hundred nine thousand two	13580
hundred fifty dollars;	13581

(b) Beginning January 1, 2001, one hundred twelve thousand	13582
five hundred fifty dollars;	13583

(c) After 2001, the amount determined under division (E)(1)	13584
of this section.	13585

(4) For the judges of the courts of common pleas, the	13586
following amounts effective in the following years:	13587

(a) Beginning January 1, 2000, one hundred thousand five	13588
hundred dollars, reduced by an amount equal to the annual	13589
compensation paid to that judge from the county treasury pursuant	13590
to section 141.05 of the Revised Code;	13591

(b) Beginning January 1, 2001, one hundred three thousand	13592
five hundred dollars, reduced by an amount equal to the annual	13593
compensation paid to that judge from the county treasury pursuant	13594
to section 141.05 of the Revised Code;	13595

(c) After 2001, the aggregate annual salary amount determined	13596
under division (E)(2) of this section reduced by an amount equal	13597
to the annual compensation paid to that judge from the county	13598
treasury pursuant to section 141.05 of the Revised Code.	13599

(5) For the full-time judges of a municipal court or the	13600
part-time judges of a municipal court of a territory having a	13601
population of more than fifty thousand, the following amounts	13602
effective in the following years, which amounts shall be in	13603
addition to all amounts received pursuant to divisions (B)(1)(a)	13604
and (2) of section 1901.11 of the Revised Code from municipal	13605
corporations and counties:	13606

(a) Beginning January 1, 2000, thirty-two thousand six	13607
hundred fifty dollars;	13608

(b) Beginning January 1, 2001, thirty-five thousand five	13609
hundred dollars;	13610

(c) After 2001, the amount determined under division (E)(3)	13611
of this section.	13612

(6) For judges of a municipal court designated as part-time	13613
judges by section 1901.08 of the Revised Code, other than	13614
part-time judges to whom division (A)(5) of this section applies,	13615
and for judges of a county court, the following amounts effective	13616
in the following years, which amounts shall be in addition to any	13617
amounts received pursuant to division (A) of section 1901.11 of	13618
the Revised Code from municipal corporations and counties or	13619
pursuant to division (A) of section 1907.16 of the Revised Code	13620
from counties:	13621

(a) Beginning January 1, 2000, eighteen thousand eight	13622
hundred dollars;	13623

(b) Beginning January 1, 2001, twenty thousand four hundred	13624
fifty dollars;	13625

(c) After 2001, the amount determined under division (E)(4)	13626
of this section.	13627

(B) Except as provided in section 1901.121 of the Revised	13628
Code, except as otherwise provided in this division, and except	13629
for the compensation to which the judges described in division	13630
(A)(5) of this section are entitled pursuant to divisions	13631
(B)(1)(a) and (2) of section 1901.11 of the Revised Code, the	13632
annual salary of the chief justice of the supreme court and of	13633
each justice or judge listed in division (A) of this section shall	13634
be paid in equal monthly installments from the state treasury. If	13635
the chief justice of the supreme court or any justice or judge	13636
listed in division (A)(2), (3), or (4) of this section delivers a	13637
written request to be paid biweekly to the administrative director	13638
of the supreme court prior to the first day of January of any	13639
year, the annual salary of the chief justice or the justice or	13640
judge that is listed in division (A)(2), (3), or (4) of this	13641
section shall be paid, during the year immediately following the	13642
year in which the request is delivered to the administrative	13643
director of the supreme court, biweekly from the state treasury.	13644

(C) Upon the death of the chief justice or a justice of the	13645
supreme court during that person's term of office, an amount shall	13646
be paid in accordance with section 2113.04 of the Revised Code, or	13647
to that person's estate. The amount shall equal the amount of the	13648
salary that the chief justice or justice would have received	13649
during the remainder of the unexpired term or an amount equal to	13650
the salary of office for two years, whichever is less.	13651

(D) Neither the chief justice of the supreme court nor any	13652
justice or judge of the supreme court, the court of appeals, the	13653
court of common pleas, or the probate court shall hold any other	13654
office of trust or profit under the authority of this state or the	13655
United States.	13656

(E)(1) Each ~~calendar~~ year from 2002 through 2008, the annual	13657
salaries of the chief justice of the supreme court and of the	13658
justices and judges named in divisions (A)(2) and (3) of this	13659
section shall be increased by an amount equal to the adjustment	13660
percentage for that year multiplied by the compensation paid the	13661
preceding year pursuant to division (A)(1), (2), or (3) of this	13662
section.	13663

(2) Each ~~calendar~~ year from 2002 through 2008, the aggregate	13664
annual salary payable under division (A)(4) of this section to the	13665
judges named in that division shall be increased by an amount	13666
equal to the adjustment percentage for that year multiplied by the	13667
aggregate compensation paid the preceding year pursuant to	13668
division (A)(4) of this section and section 141.05 of the Revised	13669
Code.	13670

(3) Each ~~calendar~~ year from 2002 through 2008, the salary	13671
payable from the state treasury under division (A)(5) of this	13672
section to the judges named in that division shall be increased by	13673
an amount equal to the adjustment percentage for that year	13674
multiplied by the aggregate compensation paid the preceding year	13675
pursuant to division (A)(5) of this section and division (B)(1)(a)	13676
of section 1901.11 of the Revised Code.	13677

(4) Each ~~calendar~~ year from 2002 through 2008, the salary	13678
payable from the state treasury under division (A)(6) of this	13679
section to the judges named in that division shall be increased by	13680
an amount equal to the adjustment percentage for that year	13681
multiplied by the aggregate compensation paid the preceding year	13682
pursuant to division (A)(6) of this section and division (A) of	13683
section 1901.11 of the Revised Code from municipal corporations	13684
and counties or division (A) of section 1907.16 of the Revised	13685
Code from counties.	13686

(F) In addition to the salaries payable pursuant to this	13687
section, the chief justice of the supreme court and the justices	13688
of the supreme court shall be entitled to a vehicle allowance of	13689
five hundred dollars per month, payable from the state treasury.	13690
The allowance shall be increased on the first day of January of	13691
each odd numbered year by an amount equal to the percentage	13692
increase, if any, in the consumer price index for the immediately	13693
preceding twenty-four month period for which information is	13694
available.	13695

(G) As used in this section:

13696

(1) The "adjustment percentage" for a year is the lesser of	13697
the following:	13698

(a) Three per cent;

13699

(b) The percentage increase, if any, in the consumer price	13700
index over the twelve-month period that ends on the thirtieth day	13701
of September of the immediately preceding year, rounded to the	13702
nearest one-tenth of one per cent.	13703

(2) "Consumer price index" has the same meaning as in section	13704
101.27 of the Revised Code.	13705

(3) "Salary" does not include any portion of the cost,	13706
premium, or charge for health, medical, hospital, dental, or	13707
surgical benefits, or any combination of those benefits, covering	13708
the chief justice of the supreme court or a justice or judge named	13709
in this section and paid on the chief justice's or the justice's	13710
or judge's behalf by a governmental entity.	13711

Sec. 145.012. (A) "Public employee," as defined in division	13712
(A) of section 145.01 of the Revised Code, does not include any	13713
person:	13714

(1) Who is employed by a private, temporary-help service and	13715
performs services under the direction of a public employer or is	13716
employed on a contractual basis as an independent contractor under	13717
a personal service contract with a public employer;	13718

(2) Who is an emergency employee serving on a temporary basis	13719
in case of fire, snow, earthquake, flood, or other similar	13720
emergency;	13721

(3) Who is employed in a program established pursuant to the	13722
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	13723
1501;	13724

(4) Who is an appointed member of either the motor vehicle	13725
salvage dealers board or the motor vehicle dealer's board whose	13726
rate and method of payment are determined pursuant to division (J)	13727
of section 124.15 of the Revised Code;	13728

(5) Who is employed as an election worker and paid less than	13729
five hundred dollars per calendar year for that service;	13730

(6) Who is employed as a firefighter in a position requiring	13731
satisfactory completion of a firefighter training course approved	13732
under former section 3303.07 or section 4765.55 of the Revised	13733
Code or conducted under section 3737.33 of the Revised Code except	13734
for the following:	13735

(a) Any firefighter who has elected under section 145.013 of	13736
the Revised Code to remain a contributing member of the public	13737
employees retirement system;	13738

(b) Any firefighter who was eligible to transfer from the	13739
public employees retirement system to the Ohio police and fire	13740
pension fund under section 742.51 or 742.515 of the Revised Code	13741
and did not elect to transfer;	13742

(c) Any firefighter who has elected under section 742.516 of	13743
the Revised Code to transfer from the Ohio police and fire pension	13744
fund to the public employees retirement system.	13745

(7) Who is a member of the board of health of a city or	13746
general health district, which pursuant to sections 3709.051 and	13747
3709.07 of the Revised Code includes a combined health district,	13748
and whose compensation for attendance at meetings of the board is	13749
set forth in division (B) of section 3709.02 or division (B) of	13750
section 3709.05 of the Revised Code, as appropriate;	13751

(8) Who participates in an alternative retirement plan	13752
established under Chapter 3305. of the Revised Code;	13753

(9) Who is a member of the board of directors of a sanitary	13754
district established under Chapter 6115. of the Revised Code;	13755

(10) Who is a member of the unemployment compensation	13756
advisory council.	13757

(B) No inmate of a correctional institution operated by the	13758
department of rehabilitation and correction, no patient in a	13759
hospital for the mentally ill or criminally insane operated by the	13760
department of mental health, no resident in an institution for the	13761
mentally retarded operated by the department of mental retardation	13762
and developmental disabilities, no resident admitted as a patient	13763
of a veterans' home operated under Chapter 5907. of the Revised	13764
Code, and no resident of a county home shall be considered as a	13765
public employee for the purpose of establishing membership or	13766
calculating service credit or benefits under this chapter.	13767
Nothing in this division shall be construed to affect any service	13768
credit attained by any person who was a public employee before	13769
becoming an inmate, patient, or resident at any institution listed	13770
in this division, or the payment of any benefit for which such a	13771
person or such a person's beneficiaries otherwise would be	13772
eligible.	13773

Sec. 145.298. (A) As used in this section:

13774

(1) "State employing unit" means an employing unit described	13775
in division (A)(2) of section 145.297 of the Revised Code, except	13776
that it does not mean an employing unit with fifty or fewer	13777
employees.	13778

(2) "State institution" means a state correctional facility,	13779
a state institution for the mentally ill, or a state institution	13780
for the care, treatment, and training of the mentally retarded.	13781

(B) In(1) Prior to the effective date of this amendment, in	13782
the event of a proposal to close a state institution or lay off,	13783
within a six-month period, a number of persons employed at an	13784
institution that equals or exceeds the lesser of fifty or ten per	13785
cent of the persons employed at the institution, the employing	13786
unit responsible for the institution's operation shall establish	13787
a retirement incentive plan for persons employed at the	13788
institution.	13789

(2) On and after the effective date of this amendment, in the	13790
event of a proposal to close a state institution or lay off,	13791
within a six-month period, a number of persons employed at an	13792
institution that equals or exceeds the lesser of three hundred	13793
fifty or forty per cent of the persons employed at the	13794
institution, the employing unit responsible for the institution's	13795
operation shall establish a retirement incentive plan for persons	13796
employed at the institution.	13797

(C) In(1) Prior to the effective date of this amendment, in	13798
the event of a proposal, other than ~~a proposal~~the proposals	13799
described in division (B) of this section, to lay off, within a	13800
six-month period, a number of employees of a state employing unit	13801
that equals or exceeds the lesser of fifty or ten per cent of the	13802
employing unit's employees, the employing unit shall establish a	13803
retirement incentive plan for employees of the employing unit.	13804

(2) On and after the effective date of this amendment, in the	13805
event of a proposal, other than the proposals described in	13806
division (B) of this section, to lay off, within a six-month	13807
period, a number of employees of a state employing unit that	13808
equals or exceeds the lesser of three hundred fifty or forty per	13809
cent of the employing unit's employees, the employing unit shall	13810
establish a retirement incentive plan for employees of the	13811
employing unit.	13812

(D)(1) A retirement incentive plan established under this	13813
section shall be consistent with the requirements of section	13814
145.297 of the Revised Code, except as provided in division (D)(2)	13815
of this section and except that the plan shall go into effect at	13816
the time the layoffs or proposed closings are announced and shall	13817
remain in effect until the date of the layoffs or closings.	13818

(2) A retirement incentive plan established under this	13819
section due to the proposed closing of a state institution by the	13820
department of mental health prior to July 1, 1997, shall be	13821
consistent with the requirements of section 145.297 of the Revised	13822
Code, except as follows:	13823

(a) The employing unit shall purchase at least three years of	13824
service credit for each participating employee, except that it	13825
shall not purchase more service credit than the amount allowed by	13826
division (D) of section 145.297 of the Revised Code;	13827

(b) The plan shall go into effect at the time the proposed	13828
closing is announced and shall remain in effect at least until the	13829
date of the closing.	13830

(3) If the employing unit already has a retirement incentive	13831
plan in effect, the plan shall remain in effect at least until the	13832
date of the layoffs or closings. The employing unit may revise the	13833
existing plan to provide greater benefits, but if it revises the	13834
plan, it shall give written notice of the changes to all employees	13835
who have elected to participate in the original plan, and it shall	13836
provide the greater benefits to all employees who participate in	13837
the plan, whether their elections to participate were made before	13838
or after the date of the revision.	13839

Sec. 148.02. The Ohio public employees deferred compensation	13840
board shall be comprised of a member of the house of	13841
representatives and a member of the senate, who shall not be of	13842
the same political party, each to be appointed to serve at the	13843
pleasure of the member's respective leadership, and the members of	13844
the public employees retirement board as constituted by section	13845
145.04 of the Revised Code, who are hereby created as a separate	13846
legal entity for the purpose of administering a deferred	13847
compensation system for all eligible employees. The public	13848
employees retirement board may utilize its employees and property	13849
in the administration of the system on behalf of the Ohio public	13850
employees deferred compensation board, in consideration of a	13851
reasonable service charge to be applied in a nondiscriminatory	13852
manner to all amounts of compensation deferred under this system.	13853

The Ohio public employees deferred compensation board may	13854
exercise the same powers granted by section 145.09 of the Revised	13855
Code necessary to its functions. The attorney general shall be the	13856
legal adviser of the board. The Ohio public employees deferred	13857
compensation receiving account shall be in the custody of the	13858
treasurer of state, but shall not be part of the state treasury.	13859

Sec. 148.04. (A) The Ohio public employees deferred	13860
compensation board shall initiate, plan, expedite, and, subject to	13861
an appropriate assurance of the approval of the internal revenue	13862
service, promulgate and offer to all eligible employees, and	13863
thereafter administer on behalf of all participating employees and	13864
continuing members, and alter as required, a program for deferral	13865
of compensation, including a reasonable number of options to the	13866
employee for the investment of deferred funds, ~~including life~~	13867
~~insurance, annuities, variable annuities, pooled investment funds~~	13868
~~managed by the board, or other forms of investment approved by the~~	13869
~~board,~~ always in such form as will assure the desired tax	13870
treatment of such funds. The members of the board are the trustees	13871
of any deferred funds and shall discharge their duties with	13872
respect to the funds solely in the interest of and for the	13873
exclusive benefit of participating employees, continuing members,	13874
and their beneficiaries. With respect to such deferred funds,	13875
section 148.09 of the Revised Code shall apply to claims against	13876
participating employees or continuing members and their employers.	13877

(B) The Ohio public employees deferred compensation program	13878
shall provide informational materials and acknowledgment forms to	13879
employers required to comply with division (C) of this section.	13880

(C)(1) Whenever an individual becomes employed in a position	13881
paid by warrant of the director of budget and management, the	13882
individual's employer shall do both of the following at the time	13883
the employee completes the employee's initial employment	13884
paperwork:	13885

(a) Provide to the employee materials provided by the Ohio	13886
public employees deferred compensation program under division (B)	13887
of this section regarding the benefits of long-term savings	13888
through deferred compensation;	13889

(b) Secure, in writing or by electronic means, the employee's	13890
acknowledgment form regarding the employee's desire to participate	13891
or not participate in a deferred compensation program offered by	13892
the board.	13893

An election regarding participation under this section shall	13894
be made in such manner and form as is prescribed by the Ohio	13895
public employees deferred compensation program and shall be filed	13896
with the program.	13897

The employer shall forward each acknowledgment form completed	13898
under this division to the deferred compensation program not	13899
later than forty-five days after the date on which the employee's	13900
employment begins.	13901

(2) Every employer of an eligible employee shall contract	13902
with the employee upon the employee's application for	13903
participation in a deferred compensation program offered by the	13904
board. ~~Every retirement system serving an eligible employee shall~~	13905
~~serve as collection agent for compensation deferred by any of its~~	13906
~~members and account for and deliver such sums to the board.~~	13907

~~(C)~~(D) The board shall, subject to any applicable contract	13908
provisions, undertake to obtain as favorable conditions of tax	13909
treatment as possible, both in the initial programs and any	13910
permitted alterations of them or additions to them, as to such	13911
matters as terms of distribution, designation of beneficiaries,	13912
withdrawal upon disability, financial hardship, or termination of	13913
public employment, and other optional provisions.	13914

~~(D)~~(E) In no event shall the total of the amount of deferred	13915
compensation to be set aside under a deferred compensation program	13916
and the employee's nondeferred income for any year exceed the	13917
total annual salary or compensation under the existing salary	13918
schedule or classification plan applicable to the employee in that	13919
year.	13920

Such a deferred compensation program shall be in addition to	13921
any retirement or any other benefit program provided by law for	13922
employees of this state. The board shall adopt rules pursuant to	13923
Chapter 119. of the Revised Code to provide any necessary	13924
standards or conditions for the administration of its programs,	13925
including any limits on the portion of a participating employee's	13926
compensation that may be deferred in order to avoid adverse	13927
treatment of the program by the internal revenue service or the	13928
occurrence of deferral, withholding, or other deductions in excess	13929
of the compensation available for any pay period.	13930

Any income deferred under such a plan shall continue to be	13931
included as regular compensation for the purpose of computing the	13932
contributions to and benefits from the retirement system of such	13933
employee. Any sum so deferred shall not be included in the	13934
computation of any federal and state income taxes withheld on	13935
behalf of any such employee.	13936

~~(E)~~(F) This section does not limit the authority of any	13937
municipal corporation, county, township, park district,	13938
conservancy district, sanitary district, health district, public	13939
library, county law library, public institution of higher	13940
education, or school district to provide separate authorized plans	13941
or programs for deferring compensation of their officers and	13942
employees in addition to the program for the deferral of	13943
compensation offered by the board. Any municipal corporation,	13944
township, public institution of higher education, or school	13945
district that offers such plans or programs shall include a	13946
reasonable number of options to its officers or employees for the	13947
investment of the deferred funds, including annuities, variable	13948
annuities, regulated investment trusts, or other forms of	13949
investment approved by the municipal corporation, township, public	13950
institution of higher education, or school district, that will	13951
assure the desired tax treatment of the funds.	13952

Sec. 148.05. (A)(1) As used in this division, "personal	13953
history record" means information maintained by the Ohio public	13954
employees deferred compensation board on an individual who is a	13955
participating employee or continuing member that includes the	13956
address, telephone number, social security number, record of	13957
contributions, records of benefits, correspondence with the Ohio	13958
public employees deferred compensation program, or other	13959
information the board determines to be confidential.	13960

(2) The records of the board shall be open to public	13961
inspection, except that the following shall be excluded, except	13962
with the written authorization of the individual concerned:	13963

(a) Information pertaining to an individual's participant	13964
account;	13965

(b) The individual's personal history record.

13966

(B)(1) All medical reports, records, and recommendations of a	13967
participating employee or a continuing member that are in the	13968
possession of the board are privileged.	13969

(2) All tax information of a participating employee,	13970
continuing member, or former participant or member that is in the	13971
possession of the board shall be confidential to the extent the	13972
information is confidential under Title LVII or any other	13973
provision of the Revised Code.	13974

(C) Notwithstanding the exceptions to public inspection in	13975
division (A)(2) of this section, the board may furnish the	13976
following information:	13977

(1) If a participating employee, continuing member, or former	13978
participant or member is subject to an order issued under section	13979
2907.15 of the Revised Code or is convicted of or pleads guilty	13980
to a violation of section 2921.41 of the Revised Code, on written	13981
request of a prosecutor as defined in section 2935.01 of the	13982
Revised Code, the board shall furnish to the prosecutor the	13983
information requested from the individual's personal history	13984
record or participant account.	13985

(2) Pursuant to a court or administrative order issued	13986
pursuant to Chapter 3119., 3121., 3123., or 3125. of the Revised	13987
Code, the board shall furnish to a court or child support	13988
enforcement agency the information required under that section.	13989

(3) Pursuant to an administrative subpoena issued by a state	13990
agency, the board shall furnish the information required by the	13991
subpoena.	13992

(4) The board shall comply with orders issued under section	13993
3105.87 of the Revised Code.	13994

(D) A statement that contains information obtained from the	13995
program's records that is signed by the executive director or the	13996
director's designee and to which the board's official seal is	13997
affixed, or copies of the program's records to which the	13998
signature and seal are attached, shall be received as true copies	13999
of the board's records in any court or before any officer of this	14000
state.	14001

Sec. 149.43. (A) As used in this section:

14002

(1) "Public record" means records kept by any public office,	14003
including, but not limited to, state, county, city, village,	14004
township, and school district units, and records pertaining to the	14005
delivery of educational services by an alternative school in this	14006
state kept by the nonprofit or for-profit entity operating the	14007
alternative school pursuant to section 3313.533 of the Revised	14008
Code. "Public record" does not mean any of the following:	14009

(a) Medical records;

14010

(b) Records pertaining to probation and parole proceedings or	14011
to proceedings related to the imposition of community control	14012
sanctions and post-release control sanctions;	14013

(c) Records pertaining to actions under section 2151.85 and	14014
division (C) of section 2919.121 of the Revised Code and to	14015
appeals of actions arising under those sections;	14016

(d) Records pertaining to adoption proceedings, including the	14017
contents of an adoption file maintained by the department of	14018
health under section 3705.12 of the Revised Code;	14019

(e) Information in a record contained in the putative father	14020
registry established by section 3107.062 of the Revised Code,	14021
regardless of whether the information is held by the department of	14022
job and family services or, pursuant to section 3111.69 of the	14023
Revised Code, the office of child support in the department or a	14024
child support enforcement agency;	14025

(f) Records listed in division (A) of section 3107.42 of the	14026
Revised Code or specified in division (A) of section 3107.52 of	14027
the Revised Code;	14028

(g) Trial preparation records;

14029

(h) Confidential law enforcement investigatory records;

14030

(i) Records containing information that is confidential under	14031
section 2710.03 or 4112.05 of the Revised Code;	14032

(j) DNA records stored in the DNA database pursuant to	14033
section 109.573 of the Revised Code;	14034

(k) Inmate records released by the department of	14035
rehabilitation and correction to the department of youth services	14036
or a court of record pursuant to division (E) of section 5120.21	14037
of the Revised Code;	14038

(l) Records maintained by the department of youth services	14039
pertaining to children in its custody released by the department	14040
of youth services to the department of rehabilitation and	14041
correction pursuant to section 5139.05 of the Revised Code;	14042

(m) Intellectual property records;

14043

(n) Donor profile records;

14044

(o) Records maintained by the department of job and family	14045
services pursuant to section 3121.894 of the Revised Code;	14046

(p) Peace officer, parole officer, prosecuting attorney,	14047
assistant prosecuting attorney, correctional employee, youth	14048
services employee, firefighter, or EMT , or investigator of the	14049
bureau of criminal identification and investigation residential	14050
and familial information;	14051

(q) In the case of a county hospital operated pursuant to	14052
Chapter 339. of the Revised Code or a municipal hospital operated	14053
pursuant to Chapter 749. of the Revised Code, information that	14054
constitutes a trade secret, as defined in section 1333.61 of the	14055
Revised Code;	14056

(r) Information pertaining to the recreational activities of	14057
a person under the age of eighteen;	14058

(s) Records provided to, statements made by review board	14059
members during meetings of, and all work products of a child	14060
fatality review board acting under sections 307.621 to 307.629 of	14061
the Revised Code, and child fatality review data submitted by the	14062
child fatality review board to the department of health or a	14063
national child death review database, other than the report	14064
prepared pursuant to division (A) of section 307.626 of the	14065
Revised Code;	14066

(t) Records provided to and statements made by the executive	14067
director of a public children services agency or a prosecuting	14068
attorney acting pursuant to section 5153.171 of the Revised Code	14069
other than the information released under that section;	14070

(u) Test materials, examinations, or evaluation tools used in	14071
an examination for licensure as a nursing home administrator that	14072
the board of examiners of nursing home administrators administers	14073
under section 4751.04 of the Revised Code or contracts under that	14074
section with a private or government entity to administer;	14075

(v) Records the release of which is prohibited by state or	14076
federal law;	14077

(w) Proprietary information of or relating to any person that	14078
is submitted to or compiled by the Ohio venture capital authority	14079
created under section 150.01 of the Revised Code;	14080

(x) Information reported and evaluations conducted pursuant	14081
to section 3701.072 of the Revised Code;	14082

(y) Financial statements and data any person submits for any	14083
purpose to the Ohio housing finance agency or the controlling	14084
board in connection with applying for, receiving, or accounting	14085
for financial assistance from the agency, and information that	14086
identifies any individual who benefits directly or indirectly from	14087
financial assistance from the agency;	14088

(z) Records listed in section 5101.29 of the Revised Code.

14089

(aa) Discharges recorded with a county recorder under section	14090
317.24 of the Revised Code, as specified in division (B)(2) of	14091
that section.	14092

(2) "Confidential law enforcement investigatory record" means	14093
any record that pertains to a law enforcement matter of a	14094
criminal, quasi-criminal, civil, or administrative nature, but	14095
only to the extent that the release of the record would create a	14096
high probability of disclosure of any of the following:	14097

(a) The identity of a suspect who has not been charged with	14098
the offense to which the record pertains, or of an information	14099
source or witness to whom confidentiality has been reasonably	14100
promised;	14101

(b) Information provided by an information source or witness	14102
to whom confidentiality has been reasonably promised, which	14103
information would reasonably tend to disclose the source's or	14104
witness's identity;	14105

(c) Specific confidential investigatory techniques or	14106
procedures or specific investigatory work product;	14107

(d) Information that would endanger the life or physical	14108
safety of law enforcement personnel, a crime victim, a witness, or	14109
a confidential information source.	14110

(3) "Medical record" means any document or combination of	14111
documents, except births, deaths, and the fact of admission to or	14112
discharge from a hospital, that pertains to the medical history,	14113
diagnosis, prognosis, or medical condition of a patient and that	14114
is generated and maintained in the process of medical treatment.	14115

(4) "Trial preparation record" means any record that contains	14116
information that is specifically compiled in reasonable	14117
anticipation of, or in defense of, a civil or criminal action or	14118
proceeding, including the independent thought processes and	14119
personal trial preparation of an attorney.	14120

(5) "Intellectual property record" means a record, other than	14121
a financial or administrative record, that is produced or	14122
collected by or for faculty or staff of a state institution of	14123
higher learning in the conduct of or as a result of study or	14124
research on an educational, commercial, scientific, artistic,	14125
technical, or scholarly issue, regardless of whether the study or	14126
research was sponsored by the institution alone or in conjunction	14127
with a governmental body or private concern, and that has not been	14128
publicly released, published, or patented.	14129

(6) "Donor profile record" means all records about donors or	14130
potential donors to a public institution of higher education	14131
except the names and reported addresses of the actual donors and	14132
the date, amount, and conditions of the actual donation.	14133

(7) "Peace officer, parole officer, prosecuting attorney,	14134
assistant prosecuting attorney, correctional employee, youth	14135
services employee, firefighter, or EMT, or investigator of the	14136
bureau of criminal identification and investigation residential	14137
and familial information" means any information that discloses any	14138
of the following about a peace officer, parole officer,	14139
prosecuting attorney, assistant prosecuting attorney,	14140
correctional employee, youth services employee, firefighter, or	14141
EMT, or investigator of the bureau of criminal identification and	14142
investigation:	14143

(a) The address of the actual personal residence of a peace	14144
officer, parole officer, assistant prosecuting attorney,	14145
correctional employee, youth services employee, firefighter, or	14146
EMT, or an investigator of the bureau of criminal identification	14147
and investigation, except for the state or political subdivision	14148
in which the peace officer, parole officer, assistant prosecuting	14149
attorney, correctional employee, youth services employee,	14150
firefighter, or EMT, or investigator of the bureau of criminal	14151
identification and investigation resides;	14152

(b) Information compiled from referral to or participation in	14153
an employee assistance program;	14154

(c) The social security number, the residential telephone	14155
number, any bank account, debit card, charge card, or credit card	14156
number, or the emergency telephone number of, or any medical	14157
information pertaining to, a peace officer, parole officer,	14158
prosecuting attorney, assistant prosecuting attorney, correctional	14159
employee, youth services employee, firefighter, or EMT, or	14160
investigator of the bureau of criminal identification and	14161
investigation;	14162

(d) The name of any beneficiary of employment benefits,	14163
including, but not limited to, life insurance benefits, provided	14164
to a peace officer, parole officer, prosecuting attorney,	14165
assistant prosecuting attorney, correctional employee, youth	14166
services employee, firefighter, or EMT, or investigator of the	14167
bureau of criminal identification and investigation by the peace	14168
officer's, parole officer's, prosecuting attorney's, assistant	14169
prosecuting attorney's, correctional employee's, youth services	14170
employee's, firefighter's, or EMT's, or investigator of the bureau	14171
of criminal identification and investigation's employer;	14172

(e) The identity and amount of any charitable or employment	14173
benefit deduction made by the peace officer's, parole officer's,	14174
prosecuting attorney's, assistant prosecuting attorney's,	14175
correctional employee's, youth services employee's, firefighter's,	14176
or EMT's, or investigator of the bureau of criminal identification	14177
and investigation's employer from the peace officer's, parole	14178
officer's, prosecuting attorney's, assistant prosecuting	14179
attorney's, correctional employee's, youth services employee's,	14180
firefighter's, or EMT's, or investigator of the bureau of	14181
criminal identification and investigation's compensation unless	14182
the amount of the deduction is required by state or federal law;	14183

(f) The name, the residential address, the name of the	14184
employer, the address of the employer, the social security number,	14185
the residential telephone number, any bank account, debit card,	14186
charge card, or credit card number, or the emergency telephone	14187
number of the spouse, a former spouse, or any child of a peace	14188
officer, parole officer, prosecuting attorney, assistant	14189
prosecuting attorney, correctional employee, youth services	14190
employee, firefighter, or EMT, or investigator of the bureau of	14191
criminal identification and investigation;	14192

(g) A photograph of a peace officer who holds a position or	14193
has an assignment that may include undercover or plain clothes	14194
positions or assignments as determined by the peace officer's	14195
appointing authority.	14196

As used in divisions (A)(7) and (B)(9) of this section,	14197
"peace officer" has the same meaning as in section 109.71 of the	14198
Revised Code and also includes the superintendent and troopers of	14199
the state highway patrol; it does not include the sheriff of a	14200
county or a supervisory employee who, in the absence of the	14201
sheriff, is authorized to stand in for, exercise the authority of,	14202
and perform the duties of the sheriff.	14203

As used in divisions (A)(7) and (B)(5) of this section,	14204
"correctional employee" means any employee of the department of	14205
rehabilitation and correction who in the course of performing the	14206
employee's job duties has or has had contact with inmates and	14207
persons under supervision.	14208

As used in divisions (A)(7) and (B)(5) of this section,	14209
"youth services employee" means any employee of the department of	14210
youth services who in the course of performing the employee's job	14211
duties has or has had contact with children committed to the	14212
custody of the department of youth services.	14213

As used in divisions (A)(7) and (B)(9) of this section,	14214
"firefighter" means any regular, paid or volunteer, member of a	14215
lawfully constituted fire department of a municipal corporation,	14216
township, fire district, or village.	14217

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	14218
means EMTs-basic, EMTs-I, and paramedics that provide emergency	14219
medical services for a public emergency medical service	14220
organization. "Emergency medical service organization,"	14221
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	14222
section 4765.01 of the Revised Code.	14223

As used in divisions (A)(7) and (B)(9) of this section,	14224
"investigator of the bureau of criminal identification and	14225
investigation" has the meaning defined in section 2903.11 of the	14226
Revised Code.	14227

(8) "Information pertaining to the recreational activities of	14228
a person under the age of eighteen" means information that is kept	14229
in the ordinary course of business by a public office, that	14230
pertains to the recreational activities of a person under the age	14231
of eighteen years, and that discloses any of the following:	14232

(a) The address or telephone number of a person under the age	14233
of eighteen or the address or telephone number of that person's	14234
parent, guardian, custodian, or emergency contact person;	14235

(b) The social security number, birth date, or photographic	14236
image of a person under the age of eighteen;	14237

(c) Any medical record, history, or information pertaining to	14238
a person under the age of eighteen;	14239

(d) Any additional information sought or required about a	14240
person under the age of eighteen for the purpose of allowing that	14241
person to participate in any recreational activity conducted or	14242
sponsored by a public office or to use or obtain admission	14243
privileges to any recreational facility owned or operated by a	14244
public office.	14245

(9) "Community control sanction" has the same meaning as in	14246
section 2929.01 of the Revised Code.	14247

(10) "Post-release control sanction" has the same meaning as	14248
in section 2967.01 of the Revised Code.	14249

(11) "Redaction" means obscuring or deleting any information	14250
that is exempt from the duty to permit public inspection or	14251
copying from an item that otherwise meets the definition of a	14252
"record" in section 149.011 of the Revised Code.	14253

(12) "Designee" and "elected official" have the same meanings	14254
as in section 109.43 of the Revised Code.	14255

(B)(1) Upon request and subject to division (B)(8) of this	14256
section, all public records responsive to the request shall be	14257
promptly prepared and made available for inspection to any person	14258
at all reasonable times during regular business hours. Subject to	14259
division (B)(8) of this section, upon request, a public office or	14260
person responsible for public records shall make copies of the	14261
requested public record available at cost and within a reasonable	14262
period of time. If a public record contains information that is	14263
exempt from the duty to permit public inspection or to copy the	14264
public record, the public office or the person responsible for the	14265
public record shall make available all of the information within	14266
the public record that is not exempt. When making that public	14267
record available for public inspection or copying that public	14268
record, the public office or the person responsible for the public	14269
record shall notify the requester of any redaction or make the	14270
redaction plainly visible. A redaction shall be deemed a denial of	14271
a request to inspect or copy the redacted information, except if	14272
federal or state law authorizes or requires a public office to	14273
make the redaction.	14274

(2) To facilitate broader access to public records, a public	14275
office or the person responsible for public records shall organize	14276
and maintain public records in a manner that they can be made	14277
available for inspection or copying in accordance with division	14278
(B) of this section. A public office also shall have available a	14279
copy of its current records retention schedule at a location	14280
readily available to the public. If a requester makes an ambiguous	14281
or overly broad request or has difficulty in making a request for	14282
copies or inspection of public records under this section such	14283
that the public office or the person responsible for the requested	14284
public record cannot reasonably identify what public records are	14285
being requested, the public office or the person responsible for	14286
the requested public record may deny the request but shall provide	14287
the requester with an opportunity to revise the request by	14288
informing the requester of the manner in which records are	14289
maintained by the public office and accessed in the ordinary	14290
course of the public office's or person's duties.	14291

(3) If a request is ultimately denied, in part or in whole,	14292
the public office or the person responsible for the requested	14293
public record shall provide the requester with an explanation,	14294
including legal authority, setting forth why the request was	14295
denied. If the initial request was provided in writing, the	14296
explanation also shall be provided to the requester in writing.	14297
The explanation shall not preclude the public office or the person	14298
responsible for the requested public record from relying upon	14299
additional reasons or legal authority in defending an action	14300
commenced under division (C) of this section.	14301

(4) Unless specifically required or authorized by state or	14302
federal law or in accordance with division (B) of this section, no	14303
public office or person responsible for public records may limit	14304
or condition the availability of public records by requiring	14305
disclosure of the requester's identity or the intended use of the	14306
requested public record. Any requirement that the requester	14307
disclose the requestor's identity or the intended use of the	14308
requested public record constitutes a denial of the request.	14309

(5) A public office or person responsible for public records	14310
may ask a requester to make the request in writing, may ask for	14311
the requester's identity, and may inquire about the intended use	14312
of the information requested, but may do so only after disclosing	14313
to the requester that a written request is not mandatory and that	14314
the requester may decline to reveal the requester's identity or	14315
the intended use and when a written request or disclosure of the	14316
identity or intended use would benefit the requester by enhancing	14317
the ability of the public office or person responsible for public	14318
records to identify, locate, or deliver the public records sought	14319
by the requester.	14320

(6) If any person chooses to obtain a copy of a public record	14321
in accordance with division (B) of this section, the public office	14322
or person responsible for the public record may require that	14323
person to pay in advance the cost involved in providing the copy	14324
of the public record in accordance with the choice made by the	14325
person seeking the copy under this division. The public office or	14326
the person responsible for the public record shall permit that	14327
person to choose to have the public record duplicated upon paper,	14328
upon the same medium upon which the public office or person	14329
responsible for the public record keeps it, or upon any other	14330
medium upon which the public office or person responsible for the	14331
public record determines that it reasonably can be duplicated as	14332
an integral part of the normal operations of the public office or	14333
person responsible for the public record. When the person seeking	14334
the copy makes a choice under this division, the public office or	14335
person responsible for the public record shall provide a copy of	14336
it in accordance with the choice made by the person seeking the	14337
copy. Nothing in this section requires a public office or person	14338
responsible for the public record to allow the person seeking a	14339
copy of the public record to make the copies of the public record.	14340

(7) Upon a request made in accordance with division (B) of	14341
this section and subject to division (B)(6) of this section, a	14342
public office or person responsible for public records shall	14343
transmit a copy of a public record to any person by United States	14344
mail or by any other means of delivery or transmission within a	14345
reasonable period of time after receiving the request for the	14346
copy. The public office or person responsible for the public	14347
record may require the person making the request to pay in advance	14348
the cost of postage if the copy is transmitted by United States	14349
mail or the cost of delivery if the copy is transmitted other than	14350
by United States mail, and to pay in advance the costs incurred	14351
for other supplies used in the mailing, delivery, or transmission.	14352

Any public office may adopt a policy and procedures that it	14353
will follow in transmitting, within a reasonable period of time	14354
after receiving a request, copies of public records by United	14355
States mail or by any other means of delivery or transmission	14356
pursuant to this division. A public office that adopts a policy	14357
and procedures under this division shall comply with them in	14358
performing its duties under this division.	14359

In any policy and procedures adopted under this division, a	14360
public office may limit the number of records requested by a	14361
person that the office will transmit by United States mail to ten	14362
per month, unless the person certifies to the office in writing	14363
that the person does not intend to use or forward the requested	14364
records, or the information contained in them, for commercial	14365
purposes. For purposes of this division, "commercial" shall be	14366
narrowly construed and does not include reporting or gathering	14367
news, reporting or gathering information to assist citizen	14368
oversight or understanding of the operation or activities of	14369
government, or nonprofit educational research.	14370

(8) A public office or person responsible for public records	14371
is not required to permit a person who is incarcerated pursuant to	14372
a criminal conviction or a juvenile adjudication to inspect or to	14373
obtain a copy of any public record concerning a criminal	14374
investigation or prosecution or concerning what would be a	14375
criminal investigation or prosecution if the subject of the	14376
investigation or prosecution were an adult, unless the request to	14377
inspect or to obtain a copy of the record is for the purpose of	14378
acquiring information that is subject to release as a public	14379
record under this section and the judge who imposed the sentence	14380
or made the adjudication with respect to the person, or the	14381
judge's successor in office, finds that the information sought in	14382
the public record is necessary to support what appears to be a	14383
justiciable claim of the person.	14384

(9) Upon written request made and signed by a journalist on	14385
or after December 16, 1999, a public office, or person responsible	14386
for public records, having custody of the records of the agency	14387
employing a specified peace officer, parole officer, prosecuting	14388
attorney, assistant prosecuting attorney, correctional employee,	14389
youth services employee, firefighter, or EMT, or investigator of	14390
the bureau of criminal identification and investigation shall	14391
disclose to the journalist the address of the actual personal	14392
residence of the peace officer, parole officer, prosecuting	14393
attorney, assistant prosecuting attorney, correctional employee,	14394
youth services employee, firefighter, or EMT, or investigator of	14395
the bureau of criminal identification and investigation and, if	14396
the peace officer's, parole officer's, prosecuting attorney's,	14397
assistant prosecuting attorney's, correctional employee's, youth	14398
services employee's, firefighter's, or EMT's, or investigator of	14399
the bureau of criminal identification and investigation's spouse,	14400
former spouse, or child is employed by a public office, the name	14401
and address of the employer of the peace officer's, parole	14402
officer's, prosecuting attorney's, assistant prosecuting	14403
attorney's, correctional employee's, youth services employee's,	14404
firefighter's, or EMT's, or investigator of the bureau of	14405
criminal identification and investigation's spouse, former	14406
spouse, or child. The request shall include the journalist's name	14407
and title and the name and address of the journalist's employer	14408
and shall state that disclosure of the information sought would be	14409
in the public interest.	14410

As used in this division, "journalist" means a person engaged	14411
in, connected with, or employed by any news medium, including a	14412
newspaper, magazine, press association, news agency, or wire	14413
service, a radio or television station, or a similar medium, for	14414
the purpose of gathering, processing, transmitting, compiling,	14415
editing, or disseminating information for the general public.	14416

(C)(1) If a person allegedly is aggrieved by the failure of a	14417
public office or the person responsible for public records to	14418
promptly prepare a public record and to make it available to the	14419
person for inspection in accordance with division (B) of this	14420
section or by any other failure of a public office or the person	14421
responsible for public records to comply with an obligation in	14422
accordance with division (B) of this section, the person allegedly	14423
aggrieved may commence a mandamus action to obtain a judgment that	14424
orders the public office or the person responsible for the public	14425
record to comply with division (B) of this section, that awards	14426
court costs and reasonable attorney's fees to the person that	14427
instituted the mandamus action, and, if applicable, that includes	14428
an order fixing statutory damages under division (C)(1) of this	14429
section. The mandamus action may be commenced in the court of	14430
common pleas of the county in which division (B) of this section	14431
allegedly was not complied with, in the supreme court pursuant to	14432
its original jurisdiction under Section 2 of Article IV, Ohio	14433
Constitution, or in the court of appeals for the appellate	14434
district in which division (B) of this section allegedly was not	14435
complied with pursuant to its original jurisdiction under Section	14436
3 of Article IV, Ohio Constitution.	14437

If a requestor transmits a written request by hand delivery	14438
or certified mail to inspect or receive copies of any public	14439
record in a manner that fairly describes the public record or	14440
class of public records to the public office or person responsible	14441
for the requested public records, except as otherwise provided in	14442
this section, the requestor shall be entitled to recover the	14443
amount of statutory damages set forth in this division if a court	14444
determines that the public office or the person responsible for	14445
public records failed to comply with an obligation in accordance	14446
with division (B) of this section.	14447

The amount of statutory damages shall be fixed at one hundred	14448
dollars for each business day during which the public office or	14449
person responsible for the requested public records failed to	14450
comply with an obligation in accordance with division (B) of this	14451
section, beginning with the day on which the requester files a	14452
mandamus action to recover statutory damages, up to a maximum of	14453
one thousand dollars. The award of statutory damages shall not be	14454
construed as a penalty, but as compensation for injury arising	14455
from lost use of the requested information. The existence of this	14456
injury shall be conclusively presumed. The award of statutory	14457
damages shall be in addition to all other remedies authorized by	14458
this section.	14459

The court may reduce an award of statutory damages or not	14460
award statutory damages if the court determines both of the	14461
following:	14462

(a) That, based on the ordinary application of statutory law	14463
and case law as it existed at the time of the conduct or	14464
threatened conduct of the public office or person responsible for	14465
the requested public records that allegedly constitutes a failure	14466
to comply with an obligation in accordance with division (B) of	14467
this section and that was the basis of the mandamus action, a	14468
well-informed public office or person responsible for the	14469
requested public records reasonably would believe that the conduct	14470
or threatened conduct of the public office or person responsible	14471
for the requested public records did not constitute a failure to	14472
comply with an obligation in accordance with division (B) of this	14473
section;	14474

(b) That a well-informed public office or person responsible	14475
for the requested public records reasonably would believe that the	14476
conduct or threatened conduct of the public office or person	14477
responsible for the requested public records would serve the	14478
public policy that underlies the authority that is asserted as	14479
permitting that conduct or threatened conduct.	14480

(2)(a) If the court issues a writ of mandamus that orders the	14481
public office or the person responsible for the public record to	14482
comply with division (B) of this section and determines that the	14483
circumstances described in division (C)(1) of this section exist,	14484
the court shall determine and award to the relator all court	14485
costs.	14486

(b) If the court renders a judgment that orders the public	14487
office or the person responsible for the public record to comply	14488
with division (B) of this section, the court may award reasonable	14489
attorney's fees subject to reduction as described in division	14490
(C)(2)(c) of this section. The court shall award reasonable	14491
attorney's fees, subject to reduction as described in division	14492
(C)(2)(c) of this section when either of the following applies:	14493

(i) The public office or the person responsible for the	14494
public records failed to respond affirmatively or negatively to	14495
the public records request in accordance with the time allowed	14496
under division (B) of this section.	14497

(ii) The public office or the person responsible for the	14498
public records promised to permit the relator to inspect or	14499
receive copies of the public records requested within a specified	14500
period of time but failed to fulfill that promise within that	14501
specified period of time.	14502

(c) Court costs and reasonable attorney's fees awarded under	14503
this section shall be construed as remedial and not punitive.	14504
Reasonable attorney's fees shall include reasonable fees incurred	14505
to produce proof of the reasonableness and amount of the fees and	14506
to otherwise litigate entitlement to the fees. The court may	14507
reduce an award of attorney's fees to the relator or not award	14508
attorney's fees to the relator if the court determines both of the	14509
following:	14510

(i) That, based on the ordinary application of statutory law	14511
and case law as it existed at the time of the conduct or	14512
threatened conduct of the public office or person responsible for	14513
the requested public records that allegedly constitutes a failure	14514
to comply with an obligation in accordance with division (B) of	14515
this section and that was the basis of the mandamus action, a	14516
well-informed public office or person responsible for the	14517
requested public records reasonably would believe that the conduct	14518
or threatened conduct of the public office or person responsible	14519
for the requested public records did not constitute a failure to	14520
comply with an obligation in accordance with division (B) of this	14521
section;	14522

(ii) That a well-informed public office or person responsible	14523
for the requested public records reasonably would believe that the	14524
conduct or threatened conduct of the public office or person	14525
responsible for the requested public records as described in	14526
division (C)(2)(c)(i) of this section would serve the public	14527
policy that underlies the authority that is asserted as permitting	14528
that conduct or threatened conduct.	14529

(D) Chapter 1347. of the Revised Code does not limit the	14530
provisions of this section.	14531

(E)(1) To ensure that all employees of public offices are	14532
appropriately educated about a public office's obligations under	14533
division (B) of this section, all elected officials or their	14534
appropriate designees shall attend training approved by the	14535
attorney general as provided in section 109.43 of the Revised	14536
Code. In addition, all public offices shall adopt a public records	14537
policy in compliance with this section for responding to public	14538
records requests. In adopting a public records policy under this	14539
division, a public office may obtain guidance from the model	14540
public records policy developed and provided to the public office	14541
by the attorney general under section 109.43 of the Revised Code.	14542
Except as otherwise provided in this section, the policy may not	14543
limit the number of public records that the public office will	14544
make available to a single person, may not limit the number of	14545
public records that it will make available during a fixed period	14546
of time, and may not establish a fixed period of time before it	14547
will respond to a request for inspection or copying of public	14548
records, unless that period is less than eight hours.	14549

(2) The public office shall distribute the public records	14550
policy adopted by the public office under division (E)(1) of this	14551
section to the employee of the public office who is the records	14552
custodian or records manager or otherwise has custody of the	14553
records of that office. The public office shall require that	14554
employee to acknowledge receipt of the copy of the public records	14555
policy. The public office shall create a poster that describes its	14556
public records policy and shall post the poster in a conspicuous	14557
place in the public office and in all locations where the public	14558
office has branch offices. The public office may post its public	14559
records policy on the internet web site of the public office if	14560
the public office maintains an internet web site. A public office	14561
that has established a manual or handbook of its general policies	14562
and procedures for all employees of the public office shall	14563
include the public records policy of the public office in the	14564
manual or handbook.	14565

(F)(1) The bureau of motor vehicles may adopt rules pursuant	14566
to Chapter 119. of the Revised Code to reasonably limit the number	14567
of bulk commercial special extraction requests made by a person	14568
for the same records or for updated records during a calendar	14569
year. The rules may include provisions for charges to be made for	14570
bulk commercial special extraction requests for the actual cost of	14571
the bureau, plus special extraction costs, plus ten per cent. The	14572
bureau may charge for expenses for redacting information, the	14573
release of which is prohibited by law.	14574

(2) As used in division (F)(1) of this section:

14575

(a) "Actual cost" means the cost of depleted supplies,	14576
records storage media costs, actual mailing and alternative	14577
delivery costs, or other transmitting costs, and any direct	14578
equipment operating and maintenance costs, including actual costs	14579
paid to private contractors for copying services.	14580

(b) "Bulk commercial special extraction request" means a	14581
request for copies of a record for information in a format other	14582
than the format already available, or information that cannot be	14583
extracted without examination of all items in a records series,	14584
class of records, or data base by a person who intends to use or	14585
forward the copies for surveys, marketing, solicitation, or resale	14586
for commercial purposes. "Bulk commercial special extraction	14587
request" does not include a request by a person who gives	14588
assurance to the bureau that the person making the request does	14589
not intend to use or forward the requested copies for surveys,	14590
marketing, solicitation, or resale for commercial purposes.	14591

(c) "Commercial" means profit-seeking production, buying, or	14592
selling of any good, service, or other product.	14593

(d) "Special extraction costs" means the cost of the time	14594
spent by the lowest paid employee competent to perform the task,	14595
the actual amount paid to outside private contractors employed by	14596
the bureau, or the actual cost incurred to create computer	14597
programs to make the special extraction. "Special extraction	14598
costs" include any charges paid to a public agency for computer or	14599
records services.	14600

(3) For purposes of divisions (F)(1) and (2) of this section,	14601
"surveys, marketing, solicitation, or resale for commercial	14602
purposes" shall be narrowly construed and does not include	14603
reporting or gathering news, reporting or gathering information to	14604
assist citizen oversight or understanding of the operation or	14605
activities of government, or nonprofit educational research.	14606

Sec. 149.45. (A) As used in this section:

14607

(1) "Personal information" means any of the following:

14608

(a) An individual's social security number;

14609

(b) An individual's federal tax identification number;

14610

(c) An individual's driver's license number or state	14611
identification number;	14612

(d) An individual's checking account number, savings account	14613
number, or credit card number.	14614

(2) "Public record" and "peace officer, parole officer,	14615
prosecuting attorney, assistant prosecuting attorney,	14616
correctional employee, youth services employee, firefighter, or	14617
EMT, or investigator of the bureau of criminal identification and	14618
investigation residential and familial information" have the same	14619
meanings as in section 149.43 of the Revised Code.	14620

(3) "Truncate" means to redact all but the last four digits	14621
of an individual's social security number.	14622

(B)(1) No public office or person responsible for a public	14623
office's public records shall make available to the general public	14624
on the internet any document that contains an individual's social	14625
security number without otherwise redacting, encrypting, or	14626
truncating the social security number.	14627

(2) A public office or person responsible for a public	14628
office's public records that prior to the effective date of this	14629
section made available to the general public on the internet any	14630
document that contains an individual's social security number	14631
shall redact, encrypt, or truncate the social security number	14632
from that document.	14633

(3) Divisions (B)(1) and (2) of this section do not apply to	14634
documents that are only accessible through the internet with a	14635
password.	14636

(C)(1) An individual may request that a public office or a	14637
person responsible for a public office's public records redact	14638
personal information of that individual from any record made	14639
available to the general public on the internet. An individual who	14640
makes a request for redaction pursuant to this division shall	14641
make the request in writing on a form developed by the attorney	14642
general and shall specify the personal information to be	14643
redacted and provide any information that identifies the	14644
location of that personal information within a document that	14645
contains that personal information.	14646

(2) Upon receiving a request for a redaction pursuant to	14647
division (C)(1) of this section, a public office or a person	14648
responsible for a public office's public records shall act within	14649
five business days in accordance with the request to redact the	14650
personal information of the individual from any record made	14651
available to the general public on the internet, if practicable.	14652
If a redaction is not practicable, the public office or person	14653
responsible for the public office's public records shall verbally	14654
or in writing within five business days after receiving the	14655
written request explain to the individual why the redaction is	14656
impracticable.	14657

(3) The attorney general shall develop a form to be used by	14658
an individual to request a redaction pursuant to division (C)(1)	14659
of this section. The form shall include a place to provide any	14660
information that identifies the location of the personal	14661
information to be redacted.	14662

(D)(1) A peace officer, parole officer, prosecuting	14663
attorney, assistant prosecuting attorney, correctional employee,	14664
youth services employee, firefighter, or EMT, or investigator of	14665
the bureau of criminal identification and investigation may	14666
request that a public office other than a county auditor or a	14667
person responsible for the public records of a public office	14668
other than a county auditor redact the address of the person	14669
making the request from any record made available to the general	14670
public on the internet that includes peace officer, parole	14671
officer, prosecuting attorney, assistant prosecuting attorney,	14672
correctional employee, youth services employee, firefighter,	14673
or EMT, or investigator of the bureau of criminal identification	14674
and investigation residential and familial information of the	14675
person making the request. A person who makes a request for a	14676
redaction pursuant to this division shall make the request in	14677
writing and on a form developed by the attorney general.	14678

(2) Upon receiving a written request for a redaction pursuant	14679
to division (D)(1) of this section, a public office other than a	14680
county auditor or a person responsible for the public records of a	14681
public office other than a county auditor shall act within five	14682
business days in accordance with the request to redact the	14683
address of the peace officer, parole officer, prosecuting	14684
attorney, assistant prosecuting attorney, correctional employee,	14685
youth services employee, firefighter, or EMT, or investigator of	14686
the bureau of criminal identification and investigation making the	14687
request from any record made available to the general public on	14688
the internet that includes peace officer, parole officer,	14689
prosecuting attorney, assistant prosecuting attorney,	14690
correctional employee, youth services employee, firefighter, or	14691
EMT, or investigator of the bureau of criminal identification and	14692
investigation residential and familial information of the person	14693
making the request, if practicable. If a redaction is not	14694
practicable, the public office or person responsible for the	14695
public office's public records shall verbally or in writing	14696
within five business days after receiving the written request	14697
explain to the peace officer, parole officer, prosecuting	14698
attorney, assistant prosecuting attorney, correctional employee,	14699
youth services employee, firefighter, or EMT, or investigator of	14700
the bureau of criminal identification and investigation why the	14701
redaction is impracticable.	14702

(3) Except as provided in this section and section 319.28 of	14703
the Revised Code, a public office other than an employer of a	14704
peace officer, parole officer, prosecuting attorney, assistant	14705
prosecuting attorney, correctional employee, youth services	14706
employee, firefighter, or EMT, or investigator of the bureau of	14707
criminal identification and investigation or a person responsible	14708
for the public records of the employer is not required to redact	14709
the residential and familial information of the peace officer,	14710
parole officer, prosecuting attorney, assistant prosecuting	14711
attorney, correctional employee, youth services employee,	14712
firefighter, or EMT, or investigator of the bureau of criminal	14713
identification and investigation from other records maintained by	14714
the public office.	14715

(4) The attorney general shall develop a form to be used by a	14716
peace officer, parole officer, prosecuting attorney, assistant	14717
prosecuting attorney, correctional employee, youth services	14718
employee, firefighter, or EMT, or investigator of the bureau of	14719
criminal identification and investigation to request a redaction	14720
pursuant to division (D)(1) of this section. The form shall	14721
include a place to provide any information that identifies the	14722
location of the address of a peace officer, parole officer,	14723
prosecuting attorney, assistant prosecuting attorney,	14724
correctional employee, youth services employee, firefighter, or	14725
EMT, or investigator of the bureau of criminal identification and	14726
investigation to be redacted.	14727

(E)(1) If a public office or a person responsible for a	14728
public office's public records becomes aware that an electronic	14729
record of that public office that is made available to the	14730
general public on the internet contains an individual's social	14731
security number that was mistakenly not redacted, encrypted, or	14732
truncated as required by division (B)(1) or (2) of this section,	14733
the public office or person responsible for the public office's	14734
public records shall redact, encrypt, or truncate the	14735
individual's social security number within a reasonable period of	14736
time.	14737

(2) A public office or a person responsible for a public	14738
office's public records is not liable in damages in a civil action	14739
for any harm an individual allegedly sustains as a result of the	14740
inclusion of that individual's personal information on any record	14741
made available to the general public on the internet or any harm a	14742
peace officer, parole officer, prosecuting attorney, assistant	14743
prosecuting attorney, correctional employee, youth services	14744
employee, firefighter, or EMT, or investigator of the bureau of	14745
criminal identification and investigation sustains as a result of	14746
the inclusion of the address of the peace officer, parole	14747
officer, prosecuting attorney, assistant prosecuting attorney,	14748
correctional employee, youth services employee, firefighter, or	14749
EMT, or investigator of the bureau of criminal identification and	14750
investigation on any record made available to the general public	14751
on the internet in violation of this section unless the public	14752
office or person responsible for the public office's public	14753
records acted with malicious purpose, in bad faith, or in a	14754
wanton or reckless manner or division (A)(6)(a) or (c) of	14755
section 2744.03 of the Revised Code applies.	14756

Sec. 150.01. (A) As used in this chapter:

14757

(1) "Authority" means the Ohio venture capital authority	14758
created under section 150.02 of the Revised Code.	14759

(2) "Issuer" means a port authority organized and existing	14760
under applicable provisions of Chapter 4582. of the Revised Code	14761
that, pursuant to an agreement entered into under division (E) of	14762
section 150.02 of the Revised Code, issues or issued obligations	14763
to fund one or more loans to the program fund.	14764

(3) "Lender" means any person that lends money to the program	14765
fund as provided in this chapter and includes any issuer and any	14766
trustee.	14767

~~(3)~~(4) "Loss" means a loss incurred with respect to a	14768
lender's loan to the program fund. Such a loss is incurred only if	14769
and to the extent a program administrator fails to satisfy its	14770
obligations to the lender to make timely payments of principal or	14771
interest as provided in the loan agreement between the lender and	14772
the program administrator. "Loss" does not include either of the	14773
following:	14774

(a) Any loss incurred by the program fund, including a loss	14775
attributable to any investment made by a program administrator;	14776

(b) Any loss of the capital required to be provided by a	14777
program administrator, or income accruing to that capital, under	14778
the agreement entered into under division (B) of section 150.05 of	14779
the Revised Code.	14780

~~(4)~~(5) "Ohio-based business enterprise" means a person that	14781
is engaged in business, that employs at least one individual on a	14782
full-time or part-time basis at a place of business in this state,	14783
including a person engaged in business if that person is a	14784
self-employed individual, and that is in the seed or early stage	14785
of business development requiring initial or early stage funding	14786
or is an established business enterprise developing new methods or	14787
technologies.	14788

~~(5)~~(6) "Ohio-based venture capital fund" means a venture	14789
capital fund having its principal office in this state, where the	14790
majority of the fund's staff are employed and where at least one	14791
investment professional is employed who has at least five years of	14792
experience in venture capital investment.	14793

(7) "Program fund" means the fund created under section	14794
150.03 of the Revised Code.	14795

(8) "Research and development purposes" has the same meaning	14796
as used in Section 2p of Article VIII, Ohio Constitution, and	14797
includes the development of sites and facilities in this state for	14798
and in support of those research and development purposes.	14799

(9) "Trustee" means a trust company or a bank with corporate	14800
trust powers, in either case having a place of business in this	14801
state, being a taxpayer under Chapter 5707., 5725., 5727., 5729.,	14802
5733., or 5747 of the Revised Code at the time it may claim and	14803
receive a tax credit under division (E) of section 150.07 of the	14804
Revised Code, and acting in its capacity as a trustee pursuant to	14805
a trust agreement under which an issuer issues obligations to	14806
fund loans to the program fund.	14807

(B) The general assembly declares that its purpose in	14808
enacting Chapter 150. of the Revised Code is to increase the	14809
amount of private investment capital available in this state for	14810
Ohio-based business enterprises in the seed or early stages of	14811
business development and requiring initial or early stage funding,	14812
as well as established Ohio-based business enterprises developing	14813
new methods or technologies, including the promotion of research	14814
and development purposes, thereby increasing employment, creating	14815
additional wealth, and otherwise benefiting the economic welfare	14816
of the people of this state. Accordingly, it is the intention of	14817
the general assembly that the program fund make investments in	14818
support of Ohio-based business enterprises in accordance with the	14819
investment policy authorized and required under section 150.03 of	14820
the Revised Code, and that the Ohio venture capital authority	14821
focus its investment policy principally on venture capital funds	14822
investing in such Ohio-based business enterprises. The general	14823
assembly finds and determines that this chapter and the	14824
investment policy, and actions taken under and consistent	14825
therewith, will promote and implement the public purposes of	14826
Section 2p of Article VIII, Ohio Constitution.	14827

Sec. 150.02. (A) There is hereby created the Ohio venture	14828
capital authority, which shall exercise the powers and perform the	14829
duties prescribed by this chapter. The exercise by the authority	14830
of its powers and duties is hereby declared to be an essential	14831
state governmental function. The authority is subject to all laws	14832
generally applicable to state agencies and public officials,	14833
including, but not limited to, Chapter 119. and sections 121.22	14834
and 149.43 of the Revised Code, to the extent those laws do not	14835
conflict with this chapter.	14836

(B) The authority shall consist of ~~nine members. Seven of~~	14837
~~the~~three members ~~shall be~~ appointed by the governor, ~~with the~~	14838
~~advice and consent of the senate, from among the general public~~one	14839
of whom the governor shall select from a list of three nominees	14840
provided by the president of the senate, and one of whom the	14841
governor shall select from a list of three nominees provided by	14842
the speaker of the house of representatives. If the governor	14843
rejects all the nominees provided in either list, the governor	14844
shall request that the president of the senate or speaker of the	14845
house, as the case may be, provide another list of three	14846
nominees, and the president or speaker, as the case may be, shall	14847
provide another list of three nominees. All nominated and	14848
appointed members shall have experience in the field of banking,	14849
investments, commercial law, or industry relevant to the purpose	14850
of the Ohio venture capital program as stated in section 150.01	14851
of the Revised Code. The director of development and tax	14852
commissioner or their designees shall ~~be ex officio, nonvoting~~	14853
~~members~~serve as advisors to the authority but shall not be members	14854
and shall not vote on any matter before the authority.	14855

Initial ~~gubernatorial~~ appointees to the authority shall serve	14856
staggered terms, with one term expiring on January 31, 2004, two	14857
terms expiring on January 31, 2005, two terms expiring on January	14858
31, 2006, and two terms expiring on January 31, 2007. The terms of	14859
all members serving on the authority on January 31, 2010, expire	14860
on that date, and the three appointees appointed pursuant to the	14861
amendment of this section by H.B. 1 of the 128th general assembly	14862
shall begin their terms February 1, 2010, with one term expiring	14863
January 31, 2012, one term expiring January 31, 2013, and one term	14864
expiring January 31, 2014. Thereafter, terms of office for all	14865
appointees shall be for four years, with each term ending on the	14866
same day of the same month as did the term that it succeeds. A	14867
vacancy on the authority shall be filled in the same manner as the	14868
original appointment, except that a person appointed to fill a	14869
vacancy shall be appointed to the remainder of the unexpired term.	14870
Any appointed member of the authority is eligible for	14871
reappointment.	14872

A member of the authority may be removed by the member's	14873
appointing authority for misfeasance, malfeasance, willful neglect	14874
of duty, or other cause, after notice and a public hearing, unless	14875
the notice and hearing are waived in writing by the member.	14876

(C) Members of the authority shall serve without	14877
compensation, but shall receive their reasonable and necessary	14878
expenses incurred in the conduct of authority business. The	14879
governor shall designate a member of the authority to serve as	14880
chairperson. A majority of the ~~voting~~ members of the authority	14881
constitutes a quorum, and the affirmative vote of a majority of	14882
the ~~voting~~ members present is necessary for any action taken by	14883
the authority. A vacancy in the ~~voting~~ membership of the authority	14884
does not impair the right of a quorum to exercise all rights and	14885
perform all duties of the authority.	14886

(D) The department of development shall provide the authority	14887
with office space and such technical assistance as the authority	14888
requires.	14889

(E) The authority and an issuer may cooperate in promoting	14890
the public purposes of the Ohio venture capital program as stated	14891
in section 150.01 of the Revised Code and may enter into such	14892
agreements as the authority and the issuer deem appropriate, with	14893
a view to cooperative action and safeguarding of the respective	14894
interests of the parties thereto. Such agreements may provide for	14895
the rights, duties, and responsibilities of the parties and any	14896
limitations thereon, the terms on which any tax credits that may	14897
be issued to a trustee for the benefit of the issuer pursuant to	14898
division (E) of section 150.07 of the Revised Code are to be	14899
issued and claimed, and such other terms as may be mutually	14900
satisfactory to the parties including, but not limited to,	14901
requirements for reporting, and a plan, prepared by a program	14902
administrator and acceptable to the authority and the issuer,	14903
designed to evidence and ensure compliance with division (D) of	14904
section 150.03 of the Revised Code and Section 2p of Article	14905
VIII, Ohio Constitution.	14906

Sec. 150.03. Within ninety days after ~~the effective date of~~	14907
~~this section~~April 9, 2003, the authority shall establish, and	14908
subsequently may modify as it considers necessary, a written	14909
investment policy governing the investment of money from the	14910
program fund, which is hereby created. The program fund shall	14911
consist of the proceeds of loans acquired by a program	14912
administrator. The authority is subject to Chapter 119. of the	14913
Revised Code with respect to the establishment or modification of	14914
the policy. The policy shall meet all the following requirements:	14915

(A) It is consistent with the purpose of the program stated	14916
in section 150.01 of the Revised Code.	14917

(B) Subject to divisions (C), (D), and (E) of this section,	14918
it permits the investment of money from the program fund in	14919
private, for-profit venture capital funds, including funds of	14920
funds, that invest in enterprises in the seed or early stage of	14921
business development or established business enterprises	14922
developing new methods or technologies, and that demonstrate	14923
potential to generate high levels of successful investment	14924
performance.	14925

(C) It specifies that a program administrator or fund	14926
manager employed by the program administrator shall invest not	14927
less than seventy-five per cent of program fund money under its	14928
investment authority in Ohio-based venture capital funds.	14929

(D) It specifies ~~that~~both of the following:

14930

(1) That not less than an amount equal to fifty per cent of	14931
program fund money invested in any venture capital fund be	14932
invested by the venture capital fund in Ohio-based business	14933
enterprises;	14934

(2) That, commencing with the first program fund commitment	14935
to each venture capital fund, the aggregate amount funded into	14936
Ohio-based business enterprises by all venture capital funds to	14937
which the program fund has committed be not less than the	14938
aggregate amount of all program fund money funded into those	14939
venture capital funds.	14940

(E) It specifies that a program administrator or fund manager	14941
employed by the program administrator shall not invest money from	14942
the program fund in a venture capital fund to the extent that the	14943
total amount of program fund money invested in the venture capital	14944
fund, when combined with any program fund money invested in a	14945
venture capital fund under the same management as that venture	14946
capital fund, exceeds the lesser of the following:	14947

(1) Ten million dollars;

14948

(2)(a) In the case of an Ohio-based venture capital fund,	14949
fifty per cent of the total amount of capital committed to the	14950
fund from all sources, after accounting for capital committed	14951
from the program fund;	14952

(b) In the case of any other venture capital fund, twenty per	14953
cent of the total amount of capital committed to the fund from	14954
all sources, after accounting for capital committed from the	14955
program fund.	14956

(F) It specifies that a program administrator or fund manager	14957
employed by the program administrator shall not commit capital	14958
from the program fund to a venture capital fund until the venture	14959
capital fund receives commitment of at least the same amount from	14960
other investors in the fund.	14961

(G) It specifies the general conditions a private, for-profit	14962
investment fund must meet to be selected as a program	14963
administrator under section 150.05 of the Revised Code, including,	14964
as a significant selection standard, direct experience managing	14965
external or nonproprietary capital in private equity fund of funds	14966
formats.	14967

(H) It specifies the criteria the authority must consider	14968
when making a determination under division (B)(1) of section	14969
150.04 of the Revised Code.	14970

(I) It includes investment standards and general limitations	14971
on allowable investments that the authority considers reasonable	14972
and necessary to achieve the purposes of this chapter as stated in	14973
division (B) of section 150.01 of the Revised Code, minimize the	14974
need for the authority to grant tax credits under section 150.07	14975
of the Revised Code, ensure compliance of the program	14976
administrators with all applicable laws of this state and the	14977
United States, and ensure the safety and soundness of investments	14978
of money from the program fund.	14979

(J) It prohibits the investment of money from the program	14980
fund directly in persons other than venture capital funds, except	14981
for temporary investment in investment grade debt securities or	14982
temporary deposit in interest-bearing accounts or funds pending	14983
permanent investment in venture capital funds.	14984

Sec. 150.04. (A) The investment policy established or	14985
modified under section 150.03 of the Revised Code shall specify	14986
the terms and conditions under which the authority may grant tax	14987
credits under section 150.07 of the Revised Code, subject to that	14988
section and division (B) of this section, to provide security	14989
against lenders' losses.	14990

(B) Nothing in this chapter authorizes the providing of	14991
security against losses on any bases other than the following:	14992

(1) The application first of moneys of the Ohio venture	14993
capital fund, created under section 150.08 of the Revised Code,	14994
that the authority, under the criteria in its investment policy,	14995
determines may be expended without adversely affecting the ability	14996
of the authority to continue fulfilling the purpose of this	14997
chapter as stated in section 150.01 of the Revised Code; and then	14998

(2) The granting of tax credits pursuant to section 150.07 of	14999
the Revised Code, but only to the extent moneys under division	15000
(B)(1) of this section are insufficient to satisfy lenders'	15001
losses and restore money used to pay losses from reserves	15002
established and maintained by a trustee on behalf of an issuer to	15003
the extent consistent with an agreement between the authority and	15004
the issuer entered into under division (E) of section 150.02 of	15005
the Revised Code. Tax credits shall not be used initially to	15006
establish such a reserve or to fund a reserve with respect to any	15007
lender's loan as to which no loss has occurred. This division	15008
does not prohibit establishment of a reserve from the proceeds of	15009
any loan or any obligations issued under section 4582.71 of the	15010
Revised Code or from other sources available to the program fund.	15011

Sec. 150.05. (A) The authority shall select, as program	15012
administrators, not more than two private, for-profit investment	15013
funds to acquire loans for the program fund and to invest money in	15014
the program fund as prescribed in the investment policy	15015
established or modified by the authority in accordance with	15016
sections 150.03 and 150.04 of the Revised Code. The authority	15017
shall give equal consideration, in selecting these program	15018
administrators, to minority owned and controlled investment funds,	15019
to funds owned and controlled by women, to ventures involving	15020
minority owned and controlled funds, and to ventures involving	15021
funds owned and controlled by women that otherwise meet the	15022
policies and criteria established by the authority. To be eligible	15023
for selection, an investment fund must be incorporated or	15024
organized under Chapter 1701., 1705., 1775., 1776., 1782., or	15025
1783. of the Revised Code, must have an established business	15026
presence in this state, and must be capitalized in accordance	15027
with any state and federal laws applicable to the issuance or	15028
sale of securities.	15029

The authority shall select program administrators only after	15030
soliciting and evaluating requests for proposals as prescribed in	15031
this section. The authority shall publish a notice of a request	15032
for proposals in newspapers of general circulation in this state	15033
once each week for two consecutive weeks before a date specified	15034
by the authority as the date on which it will begin accepting	15035
proposals. The notices shall contain a general description of the	15036
subject of the proposed agreement and the location where the	15037
request for proposals may be obtained. The request for proposals	15038
shall include all the following:	15039

(1) Instructions and information to respondents concerning	15040
the submission of proposals, including the name and address of the	15041
office where proposals are to be submitted;	15042

(2) Instructions regarding the manner in which respondents	15043
may communicate with the authority, including the names, titles,	15044
and telephone numbers of the individuals to whom such	15045
communications shall be directed;	15046

(3) Description of the performance criteria that will be used	15047
to evaluate whether a respondent selected by the authority is	15048
satisfying the authority's investment policy;	15049

(4) Description of the factors and criteria to be considered	15050
in evaluating respondents' proposals, the relative importance of	15051
each factor or criterion, and description of the authority's	15052
evaluation procedure;	15053

(5) Description of any documents that may be incorporated by	15054
reference into the request for proposals, provided that the	15055
request specifies where such documents may be obtained and such	15056
documents are readily available to all interested parties.	15057

After the date specified for receiving proposals, the	15058
authority shall evaluate submitted proposals. The authority may	15059
discuss a respondent's proposal with that respondent to clarify or	15060
revise a proposal or the terms of the agreement.	15061

The authority shall choose for review proposals from at least	15062
three respondents the authority considers qualified to operate the	15063
program in the best interests of the investment policy adopted by	15064
the authority. If three or fewer proposals are submitted, the	15065
authority shall review each proposal. The authority may cancel a	15066
request for proposals at any time before entering into an	15067
agreement with a respondent. The authority shall provide	15068
respondents fair and equal opportunity for such discussions. The	15069
authority may terminate discussions with any respondent upon	15070
written notice to the respondent.	15071

(B) After reviewing the chosen proposals, the authority may	15072
select not more than two such respondents and enter into a written	15073
agreement with each of the selected respondents, provided that at	15074
no time shall there be agreements with more than two persons.	15075

The agreement shall do all of the following:

15076

(1) Specify that borrowing and investing by the program	15077
administrator will be budgeted to guarantee that no tax credits	15078
will be granted during the first four years of the Ohio venture	15079
capital program, and will be structured to ensure that payments of	15080
principal, interest, or interest equivalent due in any fiscal	15081
year, when added to such payments due from any other program	15082
administrator, does not exceed twenty million dollars;	15083

(2) Require investment by the program administrator or the	15084
fund manager employed by the program administrator to be in	15085
compliance with the investment policy established or modified in	15086
accordance with sections 150.03 and 150.04 of the Revised Code	15087
that is in effect at the time the investment is made, and prohibit	15088
the program administrator or fund manager from engaging in any	15089
investment activities other than activities to carry out that	15090
policy;	15091

(3) Require periodic financial reporting by the program	15092
administrator to the authority, which reporting shall include an	15093
annual audit by an independent auditor and such other financial	15094
reporting as is specified in the agreement or otherwise required	15095
by the authority for the purpose of ensuring that the program	15096
administrator is carrying out the investment policy;	15097

(4) Specify any like standards or general limitations in	15098
addition to or in furtherance of investment standards or	15099
limitations that apply pursuant to division (H) of section 150.03	15100
of the Revised Code;	15101

(5) Require the program administrator to apply program fund	15102
revenue first to the payment of principal borrowed by the program	15103
administrator for investment under the program, then to interest	15104
related to that principal, and then to amounts necessary to cover	15105
the program administrator's pro rata share required under division	15106
(B)(9) of this section; and require the program administrator to	15107
pay the authority not less than ninety per cent of the amount by	15108
which program fund revenue attributable to investments under the	15109
program administrator's investment authority exceeds amounts so	15110
applied;	15111

(6) Specify the procedures by which the program administrator	15112
shall certify immediately to the authority the necessity for the	15113
authority to issue tax credit certificates pursuant to contracts	15114
entered into under section 150.07 of the Revised Code;	15115

(7) Specify any general limitations regarding the employment	15116
of a fund manager by the program administrator, in addition to an	15117
express limitation that the fund manager be a person with	15118
demonstrated, substantial, successful experience in the design and	15119
management of seed and venture capital investment programs and in	15120
capital formation. The fund manager may be, but need not be, an	15121
equity owner or affiliate of the program administrator.	15122

(8) Specify the terms and conditions under which the	15123
authority or the program administrator may terminate the	15124
agreement, including in the circumstance that the program	15125
administrator or fund manager violates the investment policy;	15126

(9) Require the program administrator or fund manager	15127
employed by the program administrator to provide capital in the	15128
form of a loan equal to one per cent of the amount of outstanding	15129
loans by lenders to the program fund. The loan from the program	15130
administrator or fund manager shall be on the same terms and	15131
conditions as loans from other lenders, except that the loan from	15132
the program administrator or fund manager shall not be secured by	15133
the Ohio venture capital fund or tax credits available to other	15134
lenders under division (B) of section 150.04 of the Revised Code.	15135
Such capital shall be placed at the same risk as the proceeds from	15136
such loans. The program administrator shall receive a pro rata	15137
share of the net income, including net loss, from the investment	15138
of money from the program fund, but is not entitled to the	15139
security against losses provided under section 150.04 of the	15140
Revised Code.	15141

Sec. 150.051. (A) As used in this section:

15142

(1) "Minority business enterprise" has the meaning defined in	15143
section 122.71 of the Revised Code.	15144

(2) "Women's business enterprise" means a business, or a	15145
partnership, corporation, limited liability company, or joint	15146
venture of any kind, that is owned and controlled by women who are	15147
United States citizens and residents of this state.	15148

(B) The Ohio venture capital authority shall submit annually	15149
to the governor and to the general assembly (under section 101.68	15150
of the Revised Code) a report containing the following	15151
information:	15152

(1) The name of each program administrator that is a minority	15153
business enterprise or a women's business enterprise with which	15154
the authority contracts;	15155

(2) The amount of assets managed by program administrators	15156
that are minority business enterprises or women's business	15157
enterprises, expressed as a percentage of assets managed by	15158
program administrators with which the authority has contracted.	15159

(3) Efforts by the authority to increase utilization of	15160
program administrators that are minority business enterprises or	15161
women's business enterprises.	15162

Sec. 150.07. (A) For the purpose stated in section 150.01 of	15163
the Revised Code, the authority may authorize a lender to claim	15164
one of the refundable tax credits allowed under section 5707.031,	15165
5725.19, 5727.241, 5729.08, 5733.49, or 5747.80 of the Revised	15166
Code. The credits shall be authorized by a written contract with	15167
the lender. The contract shall specify the terms under which the	15168
lender may claim the credit, including the amount of loss, if any,	15169
the lender must incur before the lender may claim the credit;	15170
specify that the credit shall not exceed the amount of the loss;	15171
and specify that the lender may claim the credit only for a loss	15172
certified by a program administrator to the authority under the	15173
procedures prescribed under division (B)(6) of section 150.05 of	15174
the Revised Code. The program administrator shall provide to the	15175
authority an estimate of the amount of tax credits, if any, that	15176
are likely, in the administrator's reasonable judgment, to be	15177
claimed by a lender during the current and next succeeding state	15178
fiscal years. The estimate shall be provided at the same time	15179
each year that the administrator is required to report the annual	15180
audit to the authority under section 150.05 of the Revised Code.	15181

(B) Tax credits may be authorized at any time after the	15182
authority establishes the investment policy under section 150.03	15183
of the Revised Code, but a tax credit so authorized may not be	15184
claimed ~~until the beginning of the fifth year after the authority~~	15185
~~establishes the investment policy. A~~before July 1, 2007, or after	15186
June 30, 2026, except, with respect to loans made from the	15187
proceeds of obligations issued under section 4582.71 of the	15188
Revised Code, a tax credit may not be claimed before July 1,	15189
2012, or after June 30, ~~2026~~2036.	15190

(C)(1) Upon receiving certification of a lender's loss from a	15191
program administrator pursuant to the procedures in the investment	15192
policy, the authority shall issue a tax credit certificate to the	15193
lender, except as otherwise provided in division (D) of this	15194
section.	15195

(2) If the lender is a pass-through entity, as defined in	15196
section 5733.04 of the Revised Code, then each equity investor in	15197
the lender pass-through entity shall be entitled to claim one of	15198
the tax credits allowed under division (A) of this section for	15199
that equity investor's taxable year in which or with which ends	15200
the taxable year of the lender pass-through entity in an amount	15201
based on the equity investor's distributive or proportionate share	15202
of the credit amount set forth in the certificate issued by the	15203
authority. If all equity investors of the lender pass-through	15204
entity are not eligible to claim a credit against the same tax set	15205
forth in division (A) of this section, then each equity investor	15206
may elect to claim a credit against the tax to which the equity	15207
investor is subject to in an amount based on the equity investor's	15208
distributive or proportionate share of the credit amount set forth	15209
in the certificate issued by the authority.	15210

(3) The certificate shall state the amount of the credit and	15211
the calendar year under section 5707.031, 5725.19, 5727.241, or	15212
5729.08, the tax year under section 5733.49, or the taxable year	15213
under section 5747.80 of the Revised Code for which the credit may	15214
be claimed. The authority, in conjunction with the tax	15215
commissioner, shall develop a system for issuing tax credit	15216
certificates for the purpose of verifying that any credit claimed	15217
is a credit issued under this section and is properly taken in the	15218
year specified in the certificate and in compliance with division	15219
(B) of this section.	15220

(D) The authority shall not, in any fiscal year, issue tax	15221
credit certificates under this section in a total amount exceeding	15222
twenty million dollars. The authority shall not issue tax credit	15223
certificates under this section in a total amount exceeding three	15224
hundred eighty million dollars.	15225

(E) Notwithstanding any other section of this chapter or any	15226
provision of Chapter 5707., 5725., 5727., 5729., 5733., or 5747.	15227
of the Revised Code, if provided by the terms of an agreement	15228
entered into by the issuer and the authority under division (E)	15229
of section 150.02 of the Revised Code, and subject to the	15230
limitations of divisions (B) and (D) of this section, a trustee	15231
shall have the right, for the benefit of the issuer, to receive	15232
and claim the credits authorized under division (A) of this	15233
section solely for the purpose provided for in section 150.04 of	15234
the Revised Code, and the trustee shall be entitled to file a tax	15235
return, an amended tax return, or an estimated tax return at such	15236
times as are permitted or required under the applicable provisions	15237
of Chapter 5707., 5725., 5727., 5729., 5733., or 5747. of the	15238
Revised Code for the purpose of claiming credits issued to the	15239
trustee. The trustee shall receive the proceeds of such a tax	15240
credit for the benefit of the issuer, and shall apply the proceeds	15241
solely to satisfy a loss or restore a reserve as provided in	15242
section 150.04 of the Revised Code. Nothing in this section shall	15243
require a trustee to file a tax return under any chapter for any	15244
purpose other than claiming such credits if the trustee is not	15245
otherwise required to make such a filing.	15246

The general assembly may from time to time modify or repeal	15247
any of the taxes against which the credits authorized under	15248
division (A) of this section may be claimed, and may authorize	15249
those credits to be claimed for the purposes provided for in	15250
section 150.04 of the Revised Code with respect to any other tax	15251
imposed by this state; provided, that if any obligations issued	15252
under section 4582.71 of the Revised Code are then outstanding and	15253
such modification or repeal would have the effect of impairing any	15254
covenant made in or pursuant to an agreement under division (E) of	15255
section 150.02 of the Revised Code regarding the maintenance or	15256
restoration of reserves established and maintained with a trustee	15257
consistent with division (B)(2) of section 150.04 of the Revised	15258
Code and such agreement, the state shall provide other security to	15259
the extent necessary to avoid or offset the impairment of such	15260
covenant.	15261

Sec. 152.09. (A) As used in sections 152.06 and 152.09 to	15262
152.33 of the Revised Code:	15263

(1) "Obligations" means bonds, notes, or other evidences of	15264
obligation, including interest coupons pertaining thereto, issued	15265
pursuant to sections 152.09 to 152.33 of the Revised Code.	15266

(2) "State agencies" means the state of Ohio and branches,	15267
officers, boards, commissions, authorities, departments,	15268
divisions, courts, general assembly, or other units or agencies of	15269
the state. "State agency" also includes counties, municipal	15270
corporations, and governmental entities of this state that enter	15271
into leases with the Ohio building authority pursuant to section	15272
152.31 of the Revised Code or that are designated by law as state	15273
agencies for the purpose of performing a state function that is to	15274
be housed by a capital facility for which the Ohio building	15275
authority is authorized to issue revenue obligations pursuant to	15276
sections 152.09 to 152.33 of the Revised Code.	15277

(3) "Bond service charges" means principal, including	15278
mandatory sinking fund requirements for retirement of obligations,	15279
and interest, and redemption premium, if any, required to be paid	15280
by the Ohio building authority on obligations.	15281

(4) "Capital facilities" means buildings, structures, and	15282
other improvements, and equipment, real estate, and interests in	15283
real estate therefor, within the state, and any one, part of, or	15284
combination of the foregoing, for housing of branches and agencies	15285
of state government, including capital facilities for the purpose	15286
of housing personnel, equipment, or functions, or any combination	15287
thereof that the state agencies are responsible for housing, for	15288
which the Ohio building authority is authorized to issue	15289
obligations pursuant to Chapter 152. of the Revised Code, and	15290
includes storage and parking facilities related to such capital	15291
facilities. For purposes of sections 152.10 to 152.15 of the	15292
Revised Code, "capital facilities" includes community or technical	15293
college capital facilities.	15294

(5) "Cost of capital facilities" means the costs of	15295
assessing, planning, acquiring, constructing, reconstructing,	15296
rehabilitating, remodeling, renovating, enlarging, improving,	15297
altering, maintaining, equipping, furnishing, repairing, painting,	15298
decorating, managing, or operating capital facilities, and the	15299
financing thereof, including the cost of clearance and preparation	15300
of the site and of any land to be used in connection with capital	15301
facilities, the cost of participating in capital facilities	15302
pursuant to section 152.33 of the Revised Code, the cost of any	15303
indemnity and surety bonds and premiums on insurance, all related	15304
direct administrative expenses and allocable portions of direct	15305
costs of the authority and lessee state agencies, cost of	15306
engineering and architectural services, designs, plans,	15307
specifications, surveys, and estimates of cost, legal fees, fees	15308
and expenses of trustees, depositories, and paying agents for the	15309
obligations, cost of issuance of the obligations and financing	15310
charges and fees and expenses of financial advisers and	15311
consultants in connection therewith, interest on obligations from	15312
the date thereof to the time when interest is to be covered from	15313
sources other than proceeds of obligations, amounts that represent	15314
the portion of investment earnings to be rebated or to be paid to	15315
the federal government in order to maintain the exclusion from	15316
gross income for federal income tax purposes of interest on those	15317
obligations pursuant to section 148(f) of the Internal Revenue	15318
Code, amounts necessary to establish reserves as required by the	15319
resolutions or the obligations, trust agreements, or indentures,	15320
costs of audits, the reimbursement of all moneys advanced or	15321
applied by or borrowed from any governmental entity, whether to or	15322
by the authority or others, from whatever source provided, for the	15323
payment of any item or items of cost of the capital facilities,	15324
any share of the cost undertaken by the authority pursuant to	15325
arrangements made with governmental entities under division (J) of	15326
section 152.21 of the Revised Code, and all other expenses	15327
necessary or incident to assessing, planning, or determining the	15328
feasibility or practicability with respect to capital facilities,	15329
and such other expenses as may be necessary or incident to the	15330
assessment, planning, acquisition, construction, reconstruction,	15331
rehabilitation, remodeling, renovation, enlargement, improvement,	15332
alteration, maintenance, equipment, furnishing, repair, painting,	15333
decoration, management, or operation of capital facilities, the	15334
financing thereof and the placing of the same in use and	15335
operation, including any one, part of, or combination of such	15336
classes of costs and expenses.	15337

(6) "Governmental entity" means any state agency, municipal	15338
corporation, county, township, school district, and any other	15339
political subdivision or special district in this state	15340
established pursuant to law, and, except where otherwise	15341
indicated, also means the United States or any of the states or	15342
any department, division, or agency thereof, and any agency,	15343
commission, or authority established pursuant to an interstate	15344
compact or agreement.	15345

(7) "Governing body" means:

15346

(a) In the case of a county, the board of county	15347
commissioners or other legislative authority; in the case of a	15348
municipal corporation, the legislative authority; in the case of a	15349
township, the board of township trustees; in the case of a school	15350
district, the board of education;	15351

(b) In the case of any other governmental entity, the	15352
officer, board, commission, authority, or other body having the	15353
general management of the entity or having jurisdiction or	15354
authority in the particular circumstances.	15355

(8) "Available receipts" means fees, charges, revenues,	15356
grants, subsidies, income from the investment of moneys, proceeds	15357
from the sale of goods or services, and all other revenues or	15358
receipts received by or on behalf of any state agency for which	15359
capital facilities are financed with obligations issued under	15360
Chapter 152. of the Revised Code, any state agency participating	15361
in capital facilities pursuant to section 152.33 of the Revised	15362
Code, or any state agency by which the capital facilities are	15363
constructed or financed; revenues or receipts derived by the	15364
authority from the operation, leasing, or other disposition of	15365
capital facilities, and the proceeds of obligations issued under	15366
Chapter 152. of the Revised Code; and also any moneys appropriated	15367
by a governmental entity, gifts, grants, donations, and pledges,	15368
and receipts therefrom, available for the payment of bond service	15369
charges on such obligations.	15370

(9) "Available community or technical college receipts" means	15371
all money received by a community or technical college or	15372
community or technical college district, including income,	15373
revenues, and receipts from the operation, ownership, or control	15374
of facilities, grants, gifts, donations, and pledges and receipts	15375
therefrom, receipts from fees and charges, the allocated state	15376
share of instruction as defined in section 3333.90 of the Revised	15377
Code, and the proceeds of the sale of obligations, including	15378
proceeds of obligations issued to refund obligations previously	15379
issued, but excluding any special fee, and receipts therefrom,	15380
charged pursuant to division (D) of section 154.21 of the Revised	15381
Code.	15382

(10) "Community or technical college," "college," "community	15383
or technical college district," and "district" have the same	15384
meanings as in section 3333.90 of the Revised Code.	15385

(11) "Community or technical college capital facilities"	15386
means auxiliary facilities, education facilities, and housing and	15387
dining facilities, as those terms are defined in section 3345.12	15388
of the Revised Code, to the extent permitted to be financed by the	15389
issuance of obligations under division (A)(2) of section 3357.112	15390
of the Revised Code, that are authorized by sections 3354.121,	15391
3357.112, and 3358.10 of the Revised Code to be financed by	15392
obligations issued by a community or technical college district,	15393
and for which the Ohio building authority is authorized to issue	15394
obligations pursuant to Chapter 152. of the Revised Code, and	15395
includes any one, part of, or any combination of the foregoing,	15396
and further includes site improvements, utilities, machinery,	15397
furnishings, and any separate or connected buildings, structures,	15398
improvements, sites, open space and green space areas, utilities,	15399
or equipment to be used in, or in connection with the operation or	15400
maintenance of, or supplementing or otherwise related to the	15401
services or facilities to be provided by, such facilities.	15402

(12) "Cost of community or technical college capital	15403
facilities" means the costs of acquiring, constructing,	15404
reconstructing, rehabilitating, remodeling, renovating, enlarging,	15405
improving, equipping, or furnishing community or technical college	15406
capital facilities, and the financing thereof, including the cost	15407
of clearance and preparation of the site and of any land to be	15408
used in connection with community or technical college capital	15409
facilities, the cost of any indemnity and surety bonds and	15410
premiums on insurance, all related direct administrative expenses	15411
and allocable portions of direct costs of the authority, community	15412
or technical college or community or technical college district,	15413
cost of engineering, architectural services, design, plans,	15414
specifications and surveys, estimates of cost, legal fees, fees	15415
and expenses of trustees, depositories, bond registrars, and	15416
paying agents for the obligations, cost of issuance of the	15417
obligations and financing costs and fees and expenses of financial	15418
advisers and consultants in connection therewith, interest on the	15419
obligations from the date thereof to the time when interest is to	15420
be covered by available receipts or other sources other than	15421
proceeds of the obligations, amounts that represent the portion of	15422
investment earnings to be rebated or to be paid to the federal	15423
government in order to maintain the exclusion from gross income	15424
for federal income tax purposes of interest on those obligations	15425
pursuant to section 148(f) of the Internal Revenue Code, amounts	15426
necessary to establish reserves as required by the bond	15427
proceedings, costs of audits, the reimbursements of all moneys	15428
advanced or applied by or borrowed from the community or technical	15429
college, community or technical college district, or others, from	15430
whatever source provided, including any temporary advances from	15431
state appropriations, for the payment of any item or items of cost	15432
of community or technical college facilities, and all other	15433
expenses necessary or incident to planning or determining	15434
feasibility or practicability with respect to such facilities, and	15435
such other expenses as may be necessary or incident to the	15436
acquisition, construction, reconstruction, rehabilitation,	15437
remodeling, renovation, enlargement, improvement, equipment, and	15438
furnishing of community or technical college capital facilities,	15439
the financing thereof and the placing of them in use and	15440
operation, including any one, part of, or combination of such	15441
classes of costs and expenses.	15442

(B) Pursuant to the powers granted to the general assembly	15443
under Section 2i of Article VIII, Ohio Constitution, to authorize	15444
the issuance of revenue obligations and other obligations, the	15445
owners or holders of which are not given the right to have excises	15446
or taxes levied by the general assembly for the payment of	15447
principal thereof or interest thereon, the Ohio building authority	15448
may issue obligations, in accordance with Chapter 152. of the	15449
Revised Code, and shall cause the net proceeds thereof, after any	15450
deposits of accrued interest for the payment of bond service	15451
charges and after any deposit of all or such lesser portion as the	15452
authority may direct of the premium received upon the sale of	15453
those obligations for the payment of the bond service charges, to	15454
be applied to the costs of capital facilities designated by or	15455
pursuant to act of the general assembly for housing state agencies	15456
as authorized by Chapter 152. of the Revised Code. The authority	15457
shall provide by resolution for the issuance of such obligations.	15458
The bond service charges and all other payments required to be	15459
made by the trust agreement or indenture securing such obligations	15460
shall be payable solely from available receipts of the authority	15461
pledged thereto as provided in such resolution. The available	15462
receipts pledged and thereafter received by the authority are	15463
immediately subject to the lien of such pledge without any	15464
physical delivery thereof or further act, and the lien of any such	15465
pledge is valid and binding against all parties having claims of	15466
any kind against the authority, irrespective of whether those	15467
parties have notice thereof, and creates a perfected security	15468
interest for all purposes of Chapter 1309. of the Revised Code and	15469
a perfected lien for purposes of any real property interest, all	15470
without the necessity for separation or delivery of funds or for	15471
the filing or recording of the resolution, trust agreement,	15472
indenture, or other agreement by which such pledge is created or	15473
any certificate, statement, or other document with respect	15474
thereto; and the pledge of such available receipts is effective	15475
and the money therefrom and thereof may be applied to the purposes	15476
for which pledged. Every pledge, and every covenant and agreement	15477
made with respect to the pledge, made in the resolution may	15478
therein be extended to the benefit of the owners and holders of	15479
obligations authorized by Chapter 152. of the Revised Code, the	15480
net proceeds of which are to be applied to the costs of capital	15481
facilities, and to any trustee therefor, for the further securing	15482
of the payment of the bond service charges, and all or any rights	15483
under any agreement or lease made under this section may be	15484
assigned for such purpose. Obligations may be issued at one time	15485
or from time to time, and each issue shall be dated, shall mature	15486
at such time or times as determined by the authority not exceeding	15487
forty years from the date of issue, and may be redeemable before	15488
maturity at the option of the authority at such price or prices	15489
and under such terms and conditions as are fixed by the authority	15490
prior to the issuance of the obligations. The authority shall	15491
determine the form of the obligations, fix their denominations,	15492
establish their interest rate or rates, which may be a variable	15493
rate or rates, or the maximum interest rate, and establish within	15494
or without this state a place or places of payment of bond service	15495
charges.	15496

(C) The obligations shall be signed by the authority	15497
chairperson, vice-chairperson, and secretary-treasurer, and the	15498
authority seal shall be affixed. The signatures may be facsimile	15499
signatures and the seal affixed may be a facsimile seal, as	15500
provided by resolution of the authority. Any coupons attached may	15501
bear the facsimile signature of the chairperson. In case any	15502
officer who has signed any obligations, or caused the officer's	15503
facsimile signature to be affixed thereto, ceases to be such	15504
officer before such obligations have been delivered, such	15505
obligations may, nevertheless, be issued and delivered as though	15506
the person who had signed the obligations or caused the person's	15507
facsimile signature to be affixed thereto had not ceased to be	15508
such officer.	15509

Any obligations may be executed on behalf of the authority by	15510
an officer who, on the date of execution, is the proper officer	15511
although on the date of such obligations such person was not the	15512
proper officer.	15513

(D) All obligations issued by the authority shall have all	15514
the qualities and incidents of negotiable instruments and may be	15515
issued in coupon or in registered form, or both, as the authority	15516
determines. Provision may be made for the registration of any	15517
obligations with coupons attached thereto as to principal alone or	15518
as to both principal and interest, their exchange for obligations	15519
so registered, and for the conversion or reconversion into	15520
obligations with coupons attached thereto of any obligations	15521
registered as to both principal and interest, and for reasonable	15522
charges for such registration, exchange, conversion, and	15523
reconversion. The authority may sell its obligations in any manner	15524
and for such prices as it determines, except that the authority	15525
shall sell obligations sold at public or private sale in	15526
accordance with section 152.091 of the Revised Code.	15527

(E) The obligations of the authority, principal, interest,	15528
and any proceeds from their sale or transfer, are exempt from all	15529
taxation within this state.	15530

(F) The authority is authorized to issue revenue obligations	15531
and other obligations under Section 2i of Article VIII, Ohio	15532
Constitution, for the purpose of paying the cost of capital	15533
facilities for housing of branches and agencies of state	15534
government, including capital facilities for the purpose of	15535
housing personnel, equipment, or functions, or any combination	15536
thereof that the state agencies are responsible for housing, as	15537
are authorized by Chapter 152. of the Revised Code, and that are	15538
authorized by the general assembly by the appropriation of lease	15539
payments or other moneys for such capital facilities or by any	15540
other act of the general assembly, but not including the	15541
appropriation of moneys for feasibility studies for such capital	15542
facilities. This division does not authorize the authority to	15543
issue obligations pursuant to Section 2i of Article VIII, Ohio	15544
Constitution, to pay the cost of capital facilities for mental	15545
hygiene and retardation, parks and recreation, or state-supported	15546
or state-assisted institutions of higher education.	15547

(G) The authority is authorized to issue revenue obligations	15548
under Section 2i of Article VIII, Ohio Constitution, on behalf of	15549
a community or technical college district and shall cause the net	15550
proceeds thereof, after any deposits of accrued interest for the	15551
payment of bond service charges and after any deposit of all or	15552
such lesser portion as the authority may direct of the premium	15553
received upon the sale of those obligations for the payment of the	15554
bond service charges, to be applied to the cost of community or	15555
technical college capital facilities, provided that the issuance	15556
of such obligations is subject to the execution of a written	15557
agreement in accordance with division (C) of section 3333.90 of	15558
the Revised Code for the withholding and depositing of funds	15559
otherwise due the district, or the college it operates, in respect	15560
of its allocated state share of instruction.	15561

The authority shall provide by resolution for the issuance of	15562
such obligations. The bond service charges and all other payments	15563
required to be made by the trust agreement or indenture securing	15564
the obligations shall be payable solely from available community	15565
or technical college receipts pledged thereto as provided in the	15566
resolution. The available community or technical college receipts	15567
pledged and thereafter received by the authority are immediately	15568
subject to the lien of such pledge without any physical delivery	15569
thereof or further act, and the lien of any such pledge is valid	15570
and binding against all parties having claims of any kind against	15571
the authority, irrespective of whether those parties have notice	15572
thereof, and creates a perfected security interest for all	15573
purposes of Chapter 1309. of the Revised Code and a perfected lien	15574
for purposes of any real property interest, all without the	15575
necessity for separation or delivery of funds or for the filing or	15576
recording of the resolution, trust agreement, indenture, or other	15577
agreement by which such pledge is created or any certificate,	15578
statement, or other document with respect thereto; and the pledge	15579
of such available community or technical college receipts is	15580
effective and the money therefrom and thereof may be applied to	15581
the purposes for which pledged. Every pledge, and every covenant	15582
and agreement made with respect to the pledge, made in the	15583
resolution may therein be extended to the benefit of the owners	15584
and holders of obligations authorized by this division, and to any	15585
trustee therefor, for the further securing of the payment of the	15586
bond service charges, and all or any rights under any agreement or	15587
lease made under this section may be assigned for such purpose.	15588
Obligations may be issued at one time or from time to time, and	15589
each issue shall be dated, shall mature at such time or times as	15590
determined by the authority not exceeding forty years from the	15591
date of issue, and may be redeemable before maturity at the option	15592
of the authority at such price or prices and under such terms and	15593
conditions as are fixed by the authority prior to the issuance of	15594
the obligations. The authority shall determine the form of the	15595
obligations, fix their denominations, establish their interest	15596
rate or rates, which may be a variable rate or rates, or the	15597
maximum interest rate, and establish within or without this state	15598
a place or places of payment of bond service charges.	15599

Sec. 152.10. The resolution of the Ohio building authority	15600
authorizing the issuance of authority obligations may contain	15601
provisions which shall be part of the contract with the holders of	15602
the obligations as to:	15603

(A) Pledging all or such portion as it determines of the	15604
available receipts of the authority for the payment of bond	15605
service charges and all other payments required to be made by the	15606
trust agreement or indenture securing such obligations, or	15607
restricting the security for a particular issue of obligations to	15608
specific revenues or receipts of the authority;	15609

(B) The acquisition, construction, reconstruction, equipment,	15610
furnishing, improvement, operation, alteration, enlargement,	15611
maintenance, insurance, and repair of capital facilities and sites	15612
therefor, and the duties of the authority with reference thereto;	15613

15614

(D) Limitations on the purposes to which the proceeds of the	15615
obligations may be applied;	15616

(E) The rate of rentals or other charges for the use of	15617
capital facilities, the revenues from which are pledged to the	15618
obligations authorized by such resolution, including limitations	15619
upon the power of the authority to modify such rentals or other	15620
charges;	15621

(F) The use of and the expenditures of the revenues of the	15622
authority in such manner and to such extent as shall be	15623
determined, which may include provision for the payment of the	15624
expenses of the operation, maintenance, and repair of capital	15625
facilities, and the operation and administration of the authority	15626
so that such expenses shall be paid or provided as a charge prior	15627
to the payment of bond service charges and all other payments	15628
required to be made by the trust agreement or indenture securing	15629
such obligations;	15630

(G) Limitations on the issuance of additional obligations;

15631

(H) The terms of any trust agreement or indenture securing	15632
the obligations or under which the same may be issued;	15633

(I) Any other or additional agreements with the holders of	15634
the obligations, or the trustee therefor with respect to the	15635
operation of the authority and with respect to its property,	15636
funds, and revenues, and insurance thereof, and of the authority,	15637
its members, officers, and employees;	15638

(J) The deposit and application of funds and the safeguarding	15639
of funds on hand or on deposit without regard to Chapter 131. of	15640
the Revised Code, including any deposits of accrued interest for	15641
the payment of bond service charges and any deposits of premium	15642
for the payment of bond service charges or for the application to	15643
the payment of costs of capital facilities;	15644

(K) Municipal bond insurance, letters of credit, and other	15645
related agreements, the cost of which may be included in the costs	15646
of issuance of the obligations, and the pledge, holding, and	15647
disposition of the proceeds thereof;	15648

(L) A covenant that the state and any using state agency or	15649
any using community or technical college or community or technical	15650
college district shall, so long as such obligations are	15651
outstanding, cause to be charged and collected such revenues and	15652
receipts of, or from, any such using state agency or any such	15653
using community or technical college or community or technical	15654
college district constituting available receipts under the	15655
resolution sufficient in amount to provide for the payment of bond	15656
service charges on such obligations and for the establishment and	15657
maintenance of any reserves, as provided in the resolution for	15658
such obligations, which covenant shall be controlling	15659
notwithstanding any other provision of law pertaining to such	15660
revenues and receipts; provided that no covenant shall require the	15661
general assembly to appropriate money derived from the levying of	15662
excises or taxes for the payment of rent or bond service charges.	15663

Sec. 152.12. (A) As used in this section, "prior community or	15664
technical college obligations" means bonds or notes previously	15665
issued by a community or technical college district under section	15666
3354.121, 3357.112, or 3358.10 of the Revised Code to pay costs of	15667
community or technical college capital facilities.	15668

(B) The Ohio building authority may authorize and issue	15669
obligations for the refunding of prior obligations or prior	15670
community or technical college obligations for any of the	15671
following purposes:	15672

~~(A)~~(1) Refunding any obligations previously issued by the	15673
authority or any prior community or technical college obligations,	15674
when the revenues pledged for the payment of such obligations are	15675
insufficient to pay obligations or prior community or technical	15676
college obligations which have matured or are about to mature or	15677
to maintain reserve or other funds required by the resolution or	15678
trust agreement or indenture;	15679

~~(B)~~(2) Refunding any obligations previously issued by the	15680
authority ~~as an incident to providing funds for reconstructing,~~	15681
~~equipping, furnishing, improving, extending, or enlarging any~~or	15682
any prior community or technical college obligations to fund, or	15683
to refund any obligations issued to refund, capital facilities of	15684
~~the authority~~;	15685

~~(C)~~(3) Refunding all of the outstanding obligations or prior	15686
community or technical college obligations of any issue, both	15687
matured and unmatured, when the revenues pledged for the payment	15688
of such obligations or prior community or technical college	15689
obligations are insufficient to pay obligations which have matured	15690
or are about to mature or to maintain reserve or other funds	15691
required by the resolution or trust agreement or indenture, if	15692
such outstanding obligations or prior community or technical	15693
college obligations can be retired by call or at maturity or with	15694
the consent of the holders, whether from the proceeds of the sale	15695
of the refunding obligations or by exchange for the refunding	15696
obligations, provided the principal amount of the refunding	15697
obligations shall not exceed in amount the aggregate of the par	15698
value of the obligations or prior community or technical college	15699
obligations to be retired, any redemption premium, past due and	15700
future interest to the date of maturity or call that cannot	15701
otherwise be paid, and funds to reconstruct, equip, furnish,	15702
improve, enlarge, or extend any capital facilities of the	15703
authority or any community or technical college district or	15704
community or technical college;	15705

~~(D)~~(4) Refunding any obligations previously issued by the	15706
authority or any prior community or technical college obligations	15707
when the refunding obligations will bear interest at a lower rate	15708
than the obligations or prior community or technical college	15709
obligations to be refunded, or when the interest cost of the	15710
refunding obligations computed to the absolute maturity will be	15711
less than the interest cost of the obligations or prior community	15712
or technical college obligations to be refunded;	15713

~~(E)~~(5) Refunding any obligations issued pursuant to section	15714
152.23 of the Revised Code.	15715

(C) Obligations issued pursuant to division ~~(A)~~(B)(1) of this	15716
section shall mature not later than twenty years after their	15717
issuance and obligations issued pursuant to division (B)(2),	15718
~~(C)~~(3), ~~(D)~~(4), or ~~(E)~~(5) of this section shall mature not later	15719
than forty years after their issuance. Except as provided in this	15720
section, the terms of issuance and sale of obligations issued	15721
under this section shall be as provided in ~~Chapter 152. of the~~	15722
~~Revised Code~~this chapter for any other obligations for the	15723
benefit of state agencies, community or technical colleges, or	15724
community or technical college districts, as the context requires.	15725
Obligations authorized under this section shall be deemed to be	15726
issued for those purposes for which such prior obligations or	15727
prior community or technical college obligations were issued, and	15728
may be issued in amounts sufficient for funding and retirement of	15729
prior obligations or prior community or technical college	15730
obligations, for establishment of reserves as required by the	15731
refunding obligations or the resolution authorizing such refunding	15732
obligations or the trust agreement or indenture securing the	15733
refunding obligations, and for payment of any fees and expenses	15734
incurred or to be incurred in connection with such issuance and	15735
such refunding.	15736

Sec. 152.15. Obligations issued by the Ohio building	15737
authority do not, and they shall state that they do not, represent	15738
or constitute a debt of the state or any political subdivision,	15739
nor a pledge of the faith and credit of the state or any political	15740
subdivision. Pursuant to Section 2i of Article VIII, Ohio	15741
Constitution, such obligations shall not be deemed to be debts or	15742
bonded indebtedness of the state under other provisions of the	15743
Ohio Constitution.	15744

The holders or owners of obligations issued by the authority	15745
shall have no right to have excises or taxes levied by the general	15746
assembly for the payment of the bond service charges thereon. The	15747
right of such holders and owners to payment of such bond service	15748
charges shall be limited to the available receipts or available	15749
community or technical college receipts pledged thereto in	15750
accordance with ~~Chapter 152. of the Revised Code~~this chapter, and	15751
each such obligation shall bear on its face a statement to that	15752
effect. Any available receipts or available community or technical	15753
college receipts may be so pledged only to obligations issued for	15754
capital facilities which are in whole or in part useful to,	15755
constructed by, or financed by the department, board, commission,	15756
authority, community or technical college, community or technical	15757
college district, or other agency or instrumentality that receives	15758
the available receipts or available community or technical college	15759
receipts so pledged.	15760

Sec. 152.33. (A) The Ohio building authority is authorized	15761
under Chapter 152. of the Revised Code to issue revenue	15762
obligations and other obligations to pay the cost of capital	15763
facilities described in ~~section~~sections 111.26 and 307.021 of the	15764
Revised Code and the cost of capital facilities in which one or	15765
more state agencies are participating with the federal government,	15766
municipal corporations, counties, or other governmental entities	15767
or any one or more of them, and in which that portion of the	15768
facility allocated to the participating state agencies is to be	15769
used for the purpose stated in division (F) of section 152.09 of	15770
the Revised Code, when authorized by the general assembly in	15771
accordance with that division. Such participation may be by	15772
grants, loans, or contributions to other participating	15773
governmental entities for any of such capital facilities. Such	15774
obligations shall be deemed to be issued under sections 152.09 and	15775
152.23 of the Revised Code and shall conform to all requirements	15776
of sections 152.09 to 152.17 and 152.23 of the Revised Code. The	15777
right of holders and owners of obligations issued under this	15778
section to payment of bond service charges shall be limited to the	15779
revenues and receipts of the authority derived from rentals or	15780
other charges for use of the capital facilities constructed with	15781
the proceeds of the obligations to which such revenues and	15782
receipts are pledged, including revenues and receipts from or on	15783
behalf of any participating governmental entity.	15784

(B) Any lease of space by a state agency in a capital	15785
facility described in division (A) of this section shall conform	15786
to the requirements of division (D) of section 152.24 of the	15787
Revised Code.	15788

Sec. 153.013. If a project for the construction,	15789
alteration, or other improvement of a building or structure is	15790
administered by the director of administrative services or by	15791
another state agency authorized to administer a project under this	15792
chapter, if the project is located in a municipal corporation with	15793
a population of at least four hundred thousand that is in a county	15794
with a population of at least one million two hundred thousand,	15795
and if a political subdivision contributes at least one hundred	15796
thousand dollars to the project, then a contractor for the project	15797
shall comply with regulations or ordinances of the political	15798
subdivision that are in effect before July 1, 2009, and that	15799
specifically relate to the employment of residents and local	15800
businesses of the political subdivision in the performance of the	15801
work of the project, and such ordinances or regulations shall be	15802
included by reference unambiguously in the contract between the	15803
administering state agency and the contractor for the project.	15804

Sec. 156.01. As used in ~~this chapter~~sections 156.01 to	15805
156.05 of the Revised Code:	15806

(A) "Avoided capital costs" means a measured reduction in the	15807
cost of future equipment or other capital purchases that results	15808
from implementation of one or more energy or water conservation	15809
measures, when compared to an established baseline for previous	15810
such cost.	15811

(B) "Energy conservation measure" means an installation or	15812
modification of an installation in, or a remodeling of, an	15813
existing building in order to reduce energy consumption and	15814
operating costs. The term includes any of the following:	15815

(1) Installation or modification of insulation in the	15816
building structure and systems within the building;	15817

(2) Installation or modification of storm windows and doors,	15818
multiglazed windows and doors, and heat absorbing or heat	15819
reflective glazed and coated window and door systems; installation	15820
of additional glazing; reductions in glass area; and other window	15821
and door system modifications that reduce energy consumption and	15822
operating costs;	15823

(3) Installation or modification of automatic energy control	15824
systems;	15825

(4) Replacement or modification of heating, ventilating, or	15826
air conditioning systems;	15827

(5) Application of caulking and weather stripping;

15828

(6) Replacement or modification of lighting fixtures to	15829
increase the energy efficiency of the lighting system without	15830
increasing the overall illumination of a building unless the	15831
increase in illumination is necessary to conform to the applicable	15832
state or local building code for the proposed lighting system;	15833

(7) Installation or modification of energy recovery systems;

15834

(8) Installation or modification of cogeneration systems that	15835
produce steam or forms of energy such as heat, as well as	15836
electricity, for use primarily within a building or complex of	15837
buildings;	15838

(9) Any other modification, installation, or remodeling	15839
approved by the director of administrative services as an energy	15840
conservation measure for one or more buildings owned by the state.	15841

~~(B)~~(C) "Energy saving measure" means the acquisition and	15842
installation, by purchase, lease, lease-purchase, lease with an	15843
option to buy, or installment purchase, of an energy conservation	15844
measure and any attendant architectural and engineering consulting	15845
services.	15846

(D) "Energy, water, or wastewater cost savings" means a	15847
measured reduction in, as applicable, the cost of fuel, energy or	15848
water consumption, wastewater production, or stipulated operation	15849
or maintenance resulting from the implementation of one or more	15850
energy or water conservation measures, when compared to an	15851
established baseline for previous such costs, respectively.	15852

(E) "Operating cost savings" means a measured reduction in	15853
the cost of stipulated operation or maintenance created by the	15854
installation of new equipment or implementation of a new service,	15855
when compared with an established baseline for previous such	15856
stipulated costs.	15857

(F) "Water conservation measure" means an installation or	15858
modification of an installation in, or a remodeling of, an	15859
existing building or the surrounding grounds in order to reduce	15860
water consumption. The term includes any of the following:	15861

(1) Water-conserving fixture, appliance, or equipment, or the	15862
substitution of a nonwater-using fixture, appliance, or equipment;	15863

(2) Water-conserving, landscape irrigation equipment;

15864

(3) Landscaping measure that reduces storm water runoff	15865
demand and capture and hold applied water and rainfall, including	15866
landscape contouring such as the use of a berm, swale, or terrace	15867
and including the use of a soil amendment, including compost, that	15868
increases the water-holding capacity of the soil;	15869

(4) Rainwater harvesting equipment or equipment to make use	15870
of water collected as part of a storm water system installed for	15871
water quality control;	15872

(5) Equipment for recycling or reuse of water originating on	15873
the premises or from another source, including treated, municipal	15874
effluent;	15875

(6) Equipment needed to capture water for nonpotable uses	15876
from any nonconventional, alternate source, including air	15877
conditioning condensate or gray water;	15878

(7) Any other modification, installation, or remodeling	15879
approved by the board of trustees of a state institution of higher	15880
education as defined in section 3345.011 of the Revised Code as a	15881
water conservation measure for one or more buildings or the	15882
surrounding grounds owned by the institution.	15883

(G) "Water saving measure" means the acquisition and	15884
installation, by the purchase, lease, lease-purchase, lease with	15885
an option to buy, or installment purchases of a water conservation	15886
measure and any attendant architectural and engineering consulting	15887
services.	15888

Sec. 156.02. (A) The director of administrative services	15889
may contract with an energy services company, contractor,	15890
architect, professional engineer, or other person experienced in	15891
the design and implementation of energy conservation measures for	15892
a report containing an analysis and recommendations pertaining to	15893
the implementation of energy conservation measures that would	15894
significantly reduce energy consumption and operating costs in	15895
any buildings owned by the state ~~and, upon request of its board~~	15896
~~of trustees or managing authority, any building owned by an~~	15897
~~institution of higher education as defined in section 3345.12 of~~	15898
~~the Revised Code~~. The report shall include estimates of all costs	15899
of such measures, including the costs of design, engineering,	15900
installation, maintenance, repairs, and debt service, and	15901
estimates of the amounts by which energy consumption and	15902
operating costs would be reduced.	15903

(B) Upon the request of the board of trustees or managing	15904
authority of a state institution of higher education as defined in	15905
section 3345.011 of the Revised Code, the director may contract	15906
with a water services company, architect, professional engineer,	15907
contractor, or other person experienced in the design and	15908
implementation of energy or water conservation measures for a	15909
report containing an analysis and recommendations pertaining to	15910
the implementation of energy or water conservation measures that	15911
result in energy, water, or wastewater cost savings, operating	15912
cost savings, or avoided capital costs for the institution. The	15913
report shall include estimates of all costs of such installations,	15914
including the costs of design, engineering, installation,	15915
maintenance, repairs, and debt service, and estimates of the	15916
energy, water, or wastewater cost savings, operating cost savings,	15917
and avoided capital costs created.	15918

Sec. 156.03. (A) If the director of administrative services	15919
wishes to enter into an installment payment contract pursuant to	15920
section 156.04 of the Revised Code or any other contract to	15921
implement one or more energy saving measures or, in the case of a	15922
state institution of higher education pursuant to division (B) of	15923
section 156.02 of the Revised Code, energy or water saving	15924
measures, hethe director may proceed under Chapter 153. of the	15925
Revised Code, or, alternatively, hethe director may request the	15926
controlling board to exempt the contract from Chapter 153. of the	15927
Revised Code.	15928

If the controlling board by a majority vote approves an	15929
exemption, that chapter shall not apply to the contract and	15930
instead the director shall request proposals from at least three	15931
parties for the implementation of the energy or water saving	15932
measures. Prior to providing any interested party a copy of any	15933
such request, the director shall advertise, in a newspaper of	15934
general circulation in the county where the contract is to be	15935
performed, ~~his~~the director's intent to request proposals for the	15936
implementation of the energy or water saving measures. The notice	15937
shall invite interested parties to submit proposals for	15938
consideration and shall be published at least thirty days prior to	15939
the date for accepting proposals.	15940

(B) Upon receiving the proposals, the director shall analyze	15941
them and, after considering the cost estimates of each proposal	15942
and the availability of funds to pay for each with current	15943
appropriations or by financing the cost of each through an	15944
installment payment contract under section 156.04 of the Revised	15945
Code, may select one or more proposals or reject all proposals. In	15946
selecting proposals, the director shall select the one or more	15947
proposals most likely to result in the greatest savings when the	15948
cost of the proposal is compared to the reduced energy and	15949
operating costs that will result from implementing the proposal.	15950
However, in the case of a state institution of higher education	15951
pursuant to division (B) of section 156.02 of the Revised Code,	15952
the director shall select the one or more proposals most likely	15953
to result in the greatest energy, water, or wastewater savings,	15954
operating costs savings, and avoided capital costs created.	15955

(C)(1) No contract shall be awarded to implement energy	15956
saving measures under this section, other than in the case of a	15957
state institution of higher education, unless the director finds	15958
that one or both of the following circumstances exists, as	15959
applicable:	15960

~~(A)~~(a) In the case of a contract for a cogeneration system	15961
described in division (H) of section 156.01 of the Revised Code,	15962
the cost of the contract is not likely to exceed the amount of	15963
money that would be saved in energy and operating costs over no	15964
more than five years;	15965

~~(B)~~(b) In the case of any contract for any energy saving	15966
measure other than a cogeneration system, the cost of the contract	15967
is not likely to exceed the amount of money that would be saved in	15968
energy and operating costs over no more than ten years.	15969

(2) In the case of a state institution of higher education	15970
pursuant to division (B) of section 156.02 of the Revised Code, no	15971
contract shall be awarded to implement energy or water saving	15972
measures for the institution under this section unless the	15973
director finds that both of the following circumstances exists:	15974

(a) Not less than one-fifteenth of the costs of the contract	15975
shall be paid within two years from the date of purchase;	15976

(b) The remaining balance of the cost of the contract shall	15977
be paid within fifteen years from the date of purchase.	15978

Sec. 156.04. (A) In accordance with this section and section	15979
156.03 of the Revised Code, the director of administrative	15980
services may enter into an installment payment contract for the	15981
implementation of one or more energy or water saving measures. If	15982
the director wishes an installment payment contract to be exempted	15983
from Chapter 153. of the Revised Code, the director shall proceed	15984
pursuant to section 156.03 of the Revised Code.	15985

(B)(1) Any installment payment contract under this section,	15986
other than in the case of a state institution of higher education,	15987
for one or more energy saving measures shall provide that all	15988
payments, except payments for repairs and obligations on	15989
termination of the contract prior to its expiration, are to be a	15990
stated percentage of calculated savings of energy and operating	15991
costs attributable to the one or more measures over a defined	15992
period of time and are to be made only to the extent that those	15993
savings actually occur. No such contract shall contain any of the	15994
following:	15995

~~(1)~~(a) A requirement of any additional capital investment or	15996
contribution of funds, other than funds available from state or	15997
federal grants;	15998

~~(2)~~(b) In the case of a contract for an energy saving measure	15999
that is a cogeneration system described in division (H) of section	16000
156.01 of the Revised Code, a payment term longer than five years;	16001

~~(3)~~(c) In the case of a contract for any energy saving	16002
measure that is not a cogeneration system, a payment term longer	16003
than ten years.	16004

(2) Any installment payment contract under this section for	16005
one or more energy or water saving measures for a state	16006
institution of higher education pursuant to division (B) of	16007
section 156.02 of the Revised Code, shall provide that all	16008
payments, except payments for repairs and obligations on	16009
termination of the contract prior to its expiration, are to be a	16010
stated percentage of calculated energy, water, or wastewater cost	16011
savings, operating costs, and avoided capital costs attributable	16012
to the one or more measures over a defined period of time and are	16013
to be made only to the extent that those calculated amounts	16014
actually occur. No such contract shall contain either of the	16015
following:	16016

(a) A requirement of any additional capital investment or	16017
contribution of funds, other than funds available from state or	16018
federal grants;	16019

(b) A payment term longer than fifteen years.

16020

(C) Any installment payment contract entered into under this	16021
section shall terminate no later than the last day of the fiscal	16022
biennium for which funds have been appropriated to the department	16023
of administrative services by the general assembly and shall be	16024
renewed in each succeeding fiscal biennium in which any balance of	16025
the contract remains unpaid, provided that both an appropriation	16026
for that succeeding fiscal biennium and the certification required	16027
by section 126.07 of the Revised Code are made.	16028

Sec. 166.02. (A) The general assembly finds that many local	16029
areas throughout the state are experiencing economic stagnation or	16030
decline, and that the economic development programs provided for	16031
in this chapter will constitute deserved, necessary	16032
reinvestment by the state in those areas, materially contribute	16033
to their economic revitalization, and result in improving the	16034
economic welfare of all the people of the state. Accordingly, it	16035
is declared to be the public policy of the state, through the	16036
operations of this chapter and other applicable laws adopted	16037
pursuant to Section 2p or 13 of Article VIII, Ohio Constitution,	16038
and other authority vested in the general assembly, to assist in	16039
and facilitate the establishment or development of eligible	16040
projects or assist and cooperate with any governmental agency in	16041
achieving such purpose.	16042

(B) In furtherance of such public policy and to implement	16043
such purpose, the director of development may:	16044

(1) After consultation with appropriate governmental	16045
agencies, enter into agreements with persons engaged in industry,	16046
commerce, distribution, or research and with governmental agencies	16047
to induce such persons to acquire, construct, reconstruct,	16048
rehabilitate, renovate, enlarge, improve, equip, or furnish, or	16049
otherwise develop, eligible projects and make provision therein	16050
for project facilities and governmental actions, as authorized by	16051
this chapter and other applicable laws, subject to any required	16052
actions by the general assembly or the controlling board and	16053
subject to applicable local government laws and regulations;	16054

(2) Provide for the guarantees and loans as provided for in	16055
sections 166.06 and 166.07 of the Revised Code;	16056

(3) Subject to release of such moneys by the controlling	16057
board, contract for labor and materials needed for, or contract	16058
with others, including governmental agencies, to provide, project	16059
facilities the allowable costs of which are to be paid for or	16060
reimbursed from moneys in the facilities establishment fund, and	16061
contract for the operation of such project facilities;	16062

(4) Subject to release thereof by the controlling board, from	16063
moneys in the facilities establishment fund acquire or contract to	16064
acquire by gift, exchange, or purchase, including the obtaining	16065
and exercise of purchase options, property, and convey or	16066
otherwise dispose of, or provide for the conveyance or disposition	16067
of, property so acquired or contracted to be acquired by sale,	16068
exchange, lease, lease purchase, conditional or installment sale,	16069
transfer, or other disposition, including the grant of an option	16070
to purchase, to any governmental agency or to any other person	16071
without necessity for competitive bidding and upon such terms and	16072
conditions and manner of consideration pursuant to and as the	16073
director determines to be appropriate to satisfy the objectives of	16074
sections 166.01 to 166.11 of the Revised Code;	16075

(5) Retain the services of or employ financial consultants,	16076
appraisers, consulting engineers, superintendents, managers,	16077
construction and accounting experts, attorneys, and employees,	16078
agents, and independent contractors as are necessary in the	16079
director's judgment and fix the compensation for their services;	16080

(6) Receive and accept from any person grants, gifts, and	16081
contributions of money, property, labor, and other things of	16082
value, to be held, used and applied only for the purpose for which	16083
such grants, gifts, and contributions are made;	16084

(7) Enter into appropriate arrangements and agreements with	16085
any governmental agency for the taking or provision by that	16086
governmental agency of any governmental action;	16087

(8) Do all other acts and enter into contracts and execute	16088
all instruments necessary or appropriate to carry out the	16089
provisions of this chapter;	16090

(9) Adopt rules to implement any of the provisions of this	16091
chapter applicable to the director.	16092

(C) The determinations by the director that facilities	16093
constitute eligible projects, that facilities are project	16094
facilities, that costs of such facilities are allowable costs, and	16095
all other determinations relevant thereto or to an action taken or	16096
agreement entered into shall be conclusive for purposes of the	16097
validity and enforceability of rights of parties arising from	16098
actions taken and agreements entered into under this chapter.	16099

(D) Except as otherwise prescribed in this chapter, all	16100
expenses and obligations incurred by the director in carrying out	16101
the director's powers and in exercising the director's duties	16102
under this chapter, shall be payable solely from, as appropriate,	16103
moneys in the facilities establishment fund, the loan guarantee	16104
fund, the innovation Ohio loan guarantee fund, the innovation Ohio	16105
loan fund, the research and development loan fund, the logistics	16106
and distribution infrastructure fund, the logistics and	16107
distribution infrastructure taxable bond fund, or moneys	16108
appropriated for such purpose by the general assembly. This	16109
chapter does not authorize the director or the issuing authority	16110
under section 166.08 of the Revised Code to incur bonded	16111
indebtedness of the state or any political subdivision thereof,	16112
or to obligate or pledge moneys raised by taxation for the	16113
payment of any bonds or notes issued or guarantees made pursuant	16114
to this chapter.	16115

(E) No financial assistance for project facilities shall be	16116
provided under this chapter unless the provisions of the agreement	16117
providing for such assistance specify that all wages paid to	16118
laborers and mechanics employed on such project facilities for	16119
which the assistance is granted shall be paid at the prevailing	16120
rates of wages of laborers and mechanics for the class of work	16121
called for by such project facilities, which wages shall be	16122
determined in accordance with the requirements of Chapter 4115. of	16123
the Revised Code for determination of prevailing wage rates,	16124
provided that the requirements of this division do not apply where	16125
the federal government or any of its agencies provides financing	16126
assistance as to all or any part of the funds used in connection	16127
with such project facilities and prescribes predetermined minimum	16128
wages to be paid to such laborers and mechanics; and provided	16129
further that should a nonpublic user beneficiary of the eligible	16130
project undertake, as part of the eligible project, construction	16131
to be performed by its regular bargaining unit employees who are	16132
covered under a collective bargaining agreement which was in	16133
existence prior to the date of the document authorizing such	16134
assistance then, in that event, the rate of pay provided under the	16135
collective bargaining agreement may be paid to such employees.	16136

(F) Any governmental agency may enter into an agreement with	16137
the director, any other governmental agency, or a person to be	16138
assisted under this chapter, to take or provide for the purposes	16139
of this chapter any governmental action it is authorized to take	16140
or provide, and to undertake on behalf and at the request of the	16141
director any action which the director is authorized to undertake	16142
pursuant to divisions (B)(3), (4), and (5) of this section or	16143
divisions (B)(3), (4), and (5) of section 166.12 of the Revised	16144
Code. Governmental agencies of the state shall cooperate with and	16145
provide assistance to the director of development and the	16146
controlling board in the exercise of their respective functions	16147
under this chapter.	16148

Sec. 166.07. (A) The director of development, with the	16149
approval of the controlling board and subject to the other	16150
applicable provisions of this chapter, may lend moneys in the	16151
facilities establishment fund to persons for the purpose of paying	16152
allowable costs of an eligible project if the director determines	16153
that:	16154

(1) The project is an eligible project and is economically	16155
sound;	16156

(2) The borrower is unable to finance the necessary allowable	16157
costs through ordinary financial channels upon comparable terms;	16158

(3) The amount to be lent from the facilities establishment	16159
fund will not exceed seventy-five per cent of the total allowable	16160
costs of the eligible project, except that if any part of the	16161
amount to be lent from the facilities establishment fund is	16162
derived from the issuance and sale of project financing	16163
obligations the amount to be lent will not exceed ninety per cent	16164
of the total allowable costs of the eligible project;	16165

(4) The eligible project could not be achieved in the local	16166
area in which it is to be located if the portion of the project to	16167
be financed by the loan instead were to be financed by a loan	16168
guaranteed under section 166.06 of the Revised Code;	16169

(5) The repayment of the loan from the facilities	16170
establishment fund will be adequately secured by a mortgage,	16171
assignment, pledge, or lien provided for under section 9.661 of	16172
the Revised Code, at such level of priority as the director may	16173
require;	16174

(6) The borrower will hold at least a ten per cent equity	16175
interest in the eligible project at the time the loan is made.	16176

(B) The determinations of the director under division (A) of	16177
this section shall be conclusive for purposes of the validity of a	16178
loan commitment evidenced by a loan agreement signed by the	16179
director.	16180

(C) In furtherance of the public policy of this chapter,	16181
there is hereby established the micro-lending program for the	16182
purpose of paying the allowable costs of eligible projects of	16183
eligible small businesses. From any amount of the facilities	16184
establishment fund that the general assembly designates for the	16185
purpose of the micro-lending program, the director of development	16186
shall, either directly or indirectly, make loans under this	16187
section to eligible small businesses. The director shall	16188
establish eligibility criteria and loan terms for the program	16189
that supplement eligibility criteria and loan terms otherwise	16190
prescribed for loans under this section, and may prescribe	16191
reduced service charges and fees. For the purpose of lending	16192
under the micro-lending program, the director of development	16193
shall give precedence to projects of eligible small businesses	16194
that foster the development of small entrepreneurial enterprises,	16195
notwithstanding the considerations prescribed by divisions	16196
(A)(1)(a) and (b) of section 166.05 of the Revised Code to the	16197
extent those considerations otherwise may have the effect of	16198
disqualifying projects of eligible small businesses. The director	16199
may enter into agreements with for-profit or non-profit	16200
organizations in this state to originate and administer loans made	16201
under the micro-lending program.	16202

(D) Fees, charges, rates of interest, times of payment of	16203
interest and principal, and other terms, conditions, and	16204
provisions of and security for loans made from the facilities	16205
establishment fund pursuant to this section shall be such as the	16206
director determines to be appropriate and in furtherance of the	16207
purpose for which the loans are made. The moneys used in making	16208
such loans shall be disbursed from the facilities establishment	16209
fund upon order of the director. The director shall give special	16210
consideration in setting the required job creation ratios and	16211
interest rates for loans that are for voluntary actions.	16212

~~(D)~~(E) The director may take actions necessary or appropriate	16213
to collect or otherwise deal with any loan made under this	16214
section, including any action authorized by section 9.661 of the	16215
Revised Code.	16216

~~(E)~~(F) The director may fix service charges for the making of	16217
a loan. Such charges shall be payable at such times and place and	16218
in such amounts and manner as may be prescribed by the director.	16219

Sec. 166.08. (A) As used in this chapter:

16220

(1) "Bond proceedings" means the resolution, order, trust	16221
agreement, indenture, lease, and other agreements, amendments and	16222
supplements to the foregoing, or any one or more or combination	16223
thereof, authorizing or providing for the terms and conditions	16224
applicable to, or providing for the security or liquidity of,	16225
obligations issued pursuant to this section, and the provisions	16226
contained in such obligations.	16227

(2) "Bond service charges" means principal, including	16228
mandatory sinking fund requirements for retirement of obligations,	16229
and interest, and redemption premium, if any, required to be paid	16230
by the state on obligations.	16231

(3) "Bond service fund" means the applicable fund and	16232
accounts therein created for and pledged to the payment of bond	16233
service charges, which may be, or may be part of, the economic	16234
development bond service fund created by division (S) of this	16235
section including all moneys and investments, and earnings from	16236
investments, credited and to be credited thereto.	16237

(4) "Issuing authority" means the treasurer of state, or the	16238
officer who by law performs the functions of such officer.	16239

(5) "Obligations" means bonds, notes, or other evidence of	16240
obligation including interest coupons pertaining thereto, issued	16241
pursuant to this section.	16242

(6) "Pledged receipts" means all receipts of the state	16243
representing the gross profit on the sale of spirituous liquor, as	16244
referred to in division (B)(4) of section 4301.10 of the Revised	16245
Code, after paying all costs and expenses of the division of	16246
liquor control and providing an adequate working capital reserve	16247
for the division of liquor control as provided in that division,	16248
but excluding the sum required by the second paragraph of section	16249
4301.12 of the Revised Code, as in effect on May 2, 1980, to be	16250
paid into the state treasury; moneys accruing to the state from	16251
the lease, sale, or other disposition, or use, of project	16252
facilities, and from the repayment, including interest, of loans	16253
made from proceeds received from the sale of obligations; accrued	16254
interest received from the sale of obligations; income from the	16255
investment of the special funds; and any gifts, grants, donations,	16256
and pledges, and receipts therefrom, available for the payment of	16257
bond service charges.	16258

(7) "Special funds" or "funds" means, except where the	16259
context does not permit, the bond service fund, and any other	16260
funds, including reserve funds, created under the bond	16261
proceedings, and the economic development bond service fund	16262
created by division (S) of this section to the extent provided in	16263
the bond proceedings, including all moneys and investments, and	16264
earnings from investment, credited and to be credited thereto.	16265

(B) Subject to the limitations provided in section 166.11 of	16266
the Revised Code, the issuing authority, upon the certification by	16267
the director of development or, with respect to eligible advanced	16268
energy projects, the Ohio air quality development authority to the	16269
issuing authority of the amount of moneys or additional moneys	16270
needed in the facilities establishment fund, the loan guarantee	16271
fund, the innovation Ohio loan fund, the innovation Ohio loan	16272
guarantee fund, the research and development loan fund, the	16273
logistics and distribution infrastructure fund, the logistics and	16274
distribution infrastructure taxable bond fund, the advanced	16275
energy research and development fund, or the advanced energy	16276
research and development taxable fund, as applicable, for the	16277
purpose of paying, or making loans for, allowable costs from the	16278
facilities establishment fund, allowable innovation costs from	16279
the innovation Ohio loan fund, allowable costs from the research	16280
and development loan fund, allowable costs from the logistics	16281
and distribution infrastructure fund, allowable costs from the	16282
logistics and distribution infrastructure taxable bond fund,	16283
allowable costs from the advanced energy research and	16284
development fund, or allowable costs from the advanced energy	16285
research and development taxable fund, as applicable, or needed	16286
for capitalized interest, for funding reserves, and for paying	16287
costs and expenses incurred in connection with the issuance,	16288
carrying, securing, paying, redeeming, or retirement of the	16289
obligations or any obligations refunded thereby, including payment	16290
of costs and expenses relating to letters of credit, lines of	16291
credit, insurance, put agreements, standby purchase agreements,	16292
indexing, marketing, remarketing and administrative arrangements,	16293
interest swap or hedging agreements, and any other credit	16294
enhancement, liquidity, remarketing, renewal, or refunding	16295
arrangements, all of which are authorized by this section, or	16296
providing moneys for the loan guarantee fund or the innovation	16297
Ohio loan guarantee fund, as provided in this chapter or needed	16298
for the purposes of funds established in accordance with or	16299
pursuant to sections 122.35, 122.42, 122.54, 122.55, 122.56,	16300
122.561, 122.57, and 122.80 of the Revised Code which are within	16301
the authorization of Section 13 of Article VIII, Ohio	16302
Constitution, or, with respect to certain eligible advanced energy	16303
projects, Section 2p of Article VIII, Ohio Constitution, shall	16304
issue obligations of the state under this section in the required	16305
amount; provided that such obligations may be issued to satisfy	16306
the covenants in contracts of guarantee made under section 166.06	16307
or 166.15 of the Revised Code, notwithstanding limitations	16308
otherwise applicable to the issuance of obligations under this	16309
section. The proceeds of such obligations, except for the portion	16310
to be deposited in special funds, including reserve funds, as may	16311
be provided in the bond proceedings, shall as provided in the bond	16312
proceedings be deposited by the director of development to the	16313
facilities establishment fund, the loan guarantee fund, the	16314
innovation Ohio loan guarantee fund, the innovation Ohio loan	16315
fund, the research and development loan fund, or the logistics	16316
and distribution infrastructure fund, or the logistics and	16317
distribution infrastructure taxable bond fund, or be deposited by	16318
the Ohio air quality development authority to the advanced energy	16319
research and development fund or the advanced energy research	16320
and development taxable fund. Bond proceedings for project	16321
financing obligations may provide that the proceeds derived from	16322
the issuance of such obligations shall be deposited into such	16323
fund or funds provided for in the bond proceedings and, to the	16324
extent provided for in the bond proceedings, such proceeds shall	16325
be deemed to have been deposited into the facilities	16326
establishment fund and transferred to such fund or funds. The	16327
issuing authority may appoint trustees, paying agents, and	16328
transfer agents and may retain the services of financial	16329
advisors, accounting experts, and attorneys, and retain or	16330
contract for the services of marketing, remarketing, indexing,	16331
and administrative agents, other consultants, and independent	16332
contractors, including printing services, as are necessary in the	16333
issuing authority's judgment to carry out this section. The costs	16334
of such services are allowable costs payable from the facilities	16335
establishment fund or the research and development loan fund,	16336
allowable innovation costs payable from the innovation Ohio loan	16337
fund, or allowable costs payable from the logistics and	16338
distribution infrastructure fund, the logistics and distribution	16339
infrastructure taxable bond fund, the advanced energy research	16340
and development fund, or the advanced energy research and	16341
development taxable fund, as applicable.	16342

(C) The holders or owners of such obligations shall have no	16343
right to have moneys raised by taxation obligated or pledged, and	16344
moneys raised by taxation shall not be obligated or pledged, for	16345
the payment of bond service charges. Such holders or owners shall	16346
have no rights to payment of bond service charges from any moneys	16347
accruing to the state from the lease, sale, or other disposition,	16348
or use, of project facilities, or from payment of the principal of	16349
or interest on loans made, or fees charged for guarantees made, or	16350
from any money or property received by the director, treasurer of	16351
state, or the state under Chapter 122. of the Revised Code, or	16352
from any other use of the proceeds of the sale of the obligations,	16353
and no such moneys may be used for the payment of bond service	16354
charges, except for accrued interest, capitalized interest, and	16355
reserves funded from proceeds received upon the sale of the	16356
obligations and except as otherwise expressly provided in the	16357
applicable bond proceedings pursuant to written directions by the	16358
director. The right of such holders and owners to payment of bond	16359
service charges is limited to all or that portion of the pledged	16360
receipts and those special funds pledged thereto pursuant to the	16361
bond proceedings in accordance with this section, and each such	16362
obligation shall bear on its face a statement to that effect.	16363

(D) Obligations shall be authorized by resolution or order of	16364
the issuing authority and the bond proceedings shall provide for	16365
the purpose thereof and the principal amount or amounts, and shall	16366
provide for or authorize the manner or agency for determining the	16367
principal maturity or maturities, not exceeding twenty-five years	16368
from the date of issuance, the interest rate or rates or the	16369
maximum interest rate, the date of the obligations and the dates	16370
of payment of interest thereon, their denomination, and the	16371
establishment within or without the state of a place or places of	16372
payment of bond service charges. Sections 9.98 to 9.983 of the	16373
Revised Code are applicable to obligations issued under this	16374
section, subject to any applicable limitation under section 166.11	16375
of the Revised Code. The purpose of such obligations may be stated	16376
in the bond proceedings in terms describing the general purpose or	16377
purposes to be served. The bond proceedings also shall provide,	16378
subject to the provisions of any other applicable bond	16379
proceedings, for the pledge of all, or such part as the issuing	16380
authority may determine, of the pledged receipts and the	16381
applicable special fund or funds to the payment of bond service	16382
charges, which pledges may be made either prior or subordinate to	16383
other expenses, claims, or payments, and may be made to secure the	16384
obligations on a parity with obligations theretofore or thereafter	16385
issued, if and to the extent provided in the bond proceedings. The	16386
pledged receipts and special funds so pledged and thereafter	16387
received by the state are immediately subject to the lien of such	16388
pledge without any physical delivery thereof or further act, and	16389
the lien of any such pledges is valid and binding against all	16390
parties having claims of any kind against the state or any	16391
governmental agency of the state, irrespective of whether such	16392
parties have notice thereof, and shall create a perfected security	16393
interest for all purposes of Chapter 1309. of the Revised Code,	16394
without the necessity for separation or delivery of funds or for	16395
the filing or recording of the bond proceedings by which such	16396
pledge is created or any certificate, statement or other document	16397
with respect thereto; and the pledge of such pledged receipts and	16398
special funds is effective and the money therefrom and thereof may	16399
be applied to the purposes for which pledged without necessity for	16400
any act of appropriation. Every pledge, and every covenant and	16401
agreement made with respect thereto, made in the bond proceedings	16402
may therein be extended to the benefit of the owners and holders	16403
of obligations authorized by this section, and to any trustee	16404
therefor, for the further security of the payment of the bond	16405
service charges.	16406

(E) The bond proceedings may contain additional provisions as	16407
to:	16408

(1) The redemption of obligations prior to maturity at the	16409
option of the issuing authority at such price or prices and under	16410
such terms and conditions as are provided in the bond proceedings;	16411

(2) Other terms of the obligations;

16412

(3) Limitations on the issuance of additional obligations;

16413

(4) The terms of any trust agreement or indenture securing	16414
the obligations or under which the same may be issued;	16415

(5) The deposit, investment and application of special funds,	16416
and the safeguarding of moneys on hand or on deposit, without	16417
regard to Chapter 131. or 135. of the Revised Code, but subject to	16418
any special provisions of this chapter, with respect to particular	16419
funds or moneys, provided that any bank or trust company which	16420
acts as depository of any moneys in the special funds may furnish	16421
such indemnifying bonds or may pledge such securities as required	16422
by the issuing authority;	16423

(6) Any or every provision of the bond proceedings being	16424
binding upon such officer, board, commission, authority, agency,	16425
department, or other person or body as may from time to time have	16426
the authority under law to take such actions as may be necessary	16427
to perform all or any part of the duty required by such provision;	16428

(7) Any provision that may be made in a trust agreement or	16429
indenture;	16430

(8) Any other or additional agreements with the holders of	16431
the obligations, or the trustee therefor, relating to the	16432
obligations or the security therefor, including the assignment of	16433
mortgages or other security obtained or to be obtained for loans	16434
under section 122.43, 166.07, or 166.16 of the Revised Code.	16435

(F) The obligations may have the great seal of the state or a	16436
facsimile thereof affixed thereto or printed thereon. The	16437
obligations and any coupons pertaining to obligations shall be	16438
signed or bear the facsimile signature of the issuing authority.	16439
Any obligations or coupons may be executed by the person who, on	16440
the date of execution, is the proper issuing authority although on	16441
the date of such bonds or coupons such person was not the issuing	16442
authority. If the issuing authority whose signature or a facsimile	16443
of whose signature appears on any such obligation or coupon ceases	16444
to be the issuing authority before delivery thereof, such	16445
signature or facsimile is nevertheless valid and sufficient for	16446
all purposes as if the former issuing authority had remained the	16447
issuing authority until such delivery; and if the seal to be	16448
affixed to obligations has been changed after a facsimile of the	16449
seal has been imprinted on such obligations, such facsimile seal	16450
shall continue to be sufficient as to such obligations and	16451
obligations issued in substitution or exchange therefor.	16452

(G) All obligations are negotiable instruments and securities	16453
under Chapter 1308. of the Revised Code, subject to the provisions	16454
of the bond proceedings as to registration. The obligations may be	16455
issued in coupon or in registered form, or both, as the issuing	16456
authority determines. Provision may be made for the registration	16457
of any obligations with coupons attached thereto as to principal	16458
alone or as to both principal and interest, their exchange for	16459
obligations so registered, and for the conversion or reconversion	16460
into obligations with coupons attached thereto of any obligations	16461
registered as to both principal and interest, and for reasonable	16462
charges for such registration, exchange, conversion, and	16463
reconversion.	16464

(H) Obligations may be sold at public sale or at private	16465
sale, as determined in the bond proceedings.	16466

Obligations issued to provide moneys for the loan guarantee	16467
fund or the innovation Ohio loan guarantee fund may, as determined	16468
by the issuing authority, be sold at private sale, and without	16469
publication of a notice of sale.	16470

(I) Pending preparation of definitive obligations, the	16471
issuing authority may issue interim receipts or certificates which	16472
shall be exchanged for such definitive obligations.	16473

(J) In the discretion of the issuing authority, obligations	16474
may be secured additionally by a trust agreement or indenture	16475
between the issuing authority and a corporate trustee which may be	16476
any trust company or bank having a place of business within the	16477
state. Any such agreement or indenture may contain the resolution	16478
or order authorizing the issuance of the obligations, any	16479
provisions that may be contained in any bond proceedings, and	16480
other provisions which are customary or appropriate in an	16481
agreement or indenture of such type, including, but not limited	16482
to:	16483

(1) Maintenance of each pledge, trust agreement, indenture,	16484
or other instrument comprising part of the bond proceedings until	16485
the state has fully paid the bond service charges on the	16486
obligations secured thereby, or provision therefor has been made;	16487

(2) In the event of default in any payments required to be	16488
made by the bond proceedings, or any other agreement of the	16489
issuing authority made as a part of the contract under which the	16490
obligations were issued, enforcement of such payments or agreement	16491
by mandamus, the appointment of a receiver, suit in equity, action	16492
at law, or any combination of the foregoing;	16493

(3) The rights and remedies of the holders of obligations and	16494
of the trustee, and provisions for protecting and enforcing them,	16495
including limitations on rights of individual holders of	16496
obligations;	16497

(4) The replacement of any obligations that become mutilated	16498
or are destroyed, lost, or stolen;	16499

(5) Such other provisions as the trustee and the issuing	16500
authority agree upon, including limitations, conditions, or	16501
qualifications relating to any of the foregoing.	16502

(K) Any holders of obligations or trustees under the bond	16503
proceedings, except to the extent that their rights are restricted	16504
by the bond proceedings, may by any suitable form of legal	16505
proceedings, protect and enforce any rights under the laws of this	16506
state or granted by such bond proceedings. Such rights include the	16507
right to compel the performance of all duties of the issuing	16508
authority, the director of development, the Ohio air quality	16509
development authority, or the division of liquor control required	16510
by this chapter or the bond proceedings; to enjoin unlawful	16511
activities; and in the event of default with respect to the	16512
payment of any bond service charges on any obligations or in the	16513
performance of any covenant or agreement on the part of the	16514
issuing authority, the director of development, the Ohio air	16515
quality development authority, or the division of liquor control	16516
in the bond proceedings, to apply to a court having jurisdiction	16517
of the cause to appoint a receiver to receive and administer the	16518
pledged receipts and special funds, other than those in the	16519
custody of the treasurer of state, which are pledged to the	16520
payment of the bond service charges on such obligations or which	16521
are the subject of the covenant or agreement, with full power to	16522
pay, and to provide for payment of bond service charges on, such	16523
obligations, and with such powers, subject to the direction of	16524
the court, as are accorded receivers in general equity cases,	16525
excluding any power to pledge additional revenues or receipts or	16526
other income or moneys of the issuing authority or the state or	16527
governmental agencies of the state to the payment of such	16528
principal and interest and excluding the power to take possession	16529
of, mortgage, or cause the sale or otherwise dispose of any	16530
project facilities.	16531

Each duty of the issuing authority and the issuing	16532
authority's officers and employees, and of each governmental	16533
agency and its officers, members, or employees, undertaken	16534
pursuant to the bond proceedings or any agreement or lease,	16535
lease-purchase agreement, or loan made under authority of this	16536
chapter, and in every agreement by or with the issuing authority,	16537
is hereby established as a duty of the issuing authority, and of	16538
each such officer, member, or employee having authority to perform	16539
such duty, specifically enjoined by the law resulting from an	16540
office, trust, or station within the meaning of section 2731.01 of	16541
the Revised Code.	16542

The person who is at the time the issuing authority, or the	16543
issuing authority's officers or employees, are not liable in their	16544
personal capacities on any obligations issued by the issuing	16545
authority or any agreements of or with the issuing authority.	16546

(L) The issuing authority may authorize and issue obligations	16547
for the refunding, including funding and retirement, and advance	16548
refunding with or without payment or redemption prior to maturity,	16549
of any obligations previously issued by the issuing authority.	16550
Such obligations may be issued in amounts sufficient for payment	16551
of the principal amount of the prior obligations, any redemption	16552
premiums thereon, principal maturities of any such obligations	16553
maturing prior to the redemption of the remaining obligations on a	16554
parity therewith, interest accrued or to accrue to the maturity	16555
dates or dates of redemption of such obligations, and any	16556
allowable costs including expenses incurred or to be incurred in	16557
connection with such issuance and such refunding, funding, and	16558
retirement. Subject to the bond proceedings therefor, the portion	16559
of proceeds of the sale of obligations issued under this division	16560
to be applied to bond service charges on the prior obligations	16561
shall be credited to an appropriate account held by the trustee	16562
for such prior or new obligations or to the appropriate account in	16563
the bond service fund for such obligations. Obligations authorized	16564
under this division shall be deemed to be issued for those	16565
purposes for which such prior obligations were issued and are	16566
subject to the provisions of this section pertaining to other	16567
obligations, except as otherwise provided in this section;	16568
provided that, unless otherwise authorized by the general	16569
assembly, any limitations imposed by the general assembly pursuant	16570
to this section with respect to bond service charges applicable to	16571
the prior obligations shall be applicable to the obligations	16572
issued under this division to refund, fund, advance refund or	16573
retire such prior obligations.	16574

(M) The authority to issue obligations under this section	16575
includes authority to issue obligations in the form of bond	16576
anticipation notes and to renew the same from time to time by the	16577
issuance of new notes. The holders of such notes or interest	16578
coupons pertaining thereto shall have a right to be paid solely	16579
from the pledged receipts and special funds that may be pledged to	16580
the payment of the bonds anticipated, or from the proceeds of such	16581
bonds or renewal notes, or both, as the issuing authority provides	16582
in the resolution or order authorizing such notes. Such notes may	16583
be additionally secured by covenants of the issuing authority to	16584
the effect that the issuing authority and the state will do such	16585
or all things necessary for the issuance of such bonds or renewal	16586
notes in appropriate amount, and apply the proceeds thereof to the	16587
extent necessary, to make full payment of the principal of and	16588
interest on such notes at the time or times contemplated, as	16589
provided in such resolution or order. For such purpose, the	16590
issuing authority may issue bonds or renewal notes in such	16591
principal amount and upon such terms as may be necessary to	16592
provide funds to pay when required the principal of and interest	16593
on such notes, notwithstanding any limitations prescribed by or	16594
for purposes of this section. Subject to this division, all	16595
provisions for and references to obligations in this section are	16596
applicable to notes authorized under this division.	16597

The issuing authority in the bond proceedings authorizing the	16598
issuance of bond anticipation notes shall set forth for such bonds	16599
an estimated interest rate and a schedule of principal payments	16600
for such bonds and the annual maturity dates thereof, and for	16601
purposes of any limitation on bond service charges prescribed	16602
under division (A) of section 166.11 of the Revised Code, the	16603
amount of bond service charges on such bond anticipation notes is	16604
deemed to be the bond service charges for the bonds anticipated	16605
thereby as set forth in the bond proceedings applicable to such	16606
notes, but this provision does not modify any authority in this	16607
section to pledge receipts and special funds to, and covenant to	16608
issue bonds to fund, the payment of principal of and interest and	16609
any premium on such notes.	16610

(N) Obligations issued under this section are lawful	16611
investments for banks, societies for savings, savings and loan	16612
associations, deposit guarantee associations, trust companies,	16613
trustees, fiduciaries, insurance companies, including domestic for	16614
life and domestic not for life, trustees or other officers having	16615
charge of sinking and bond retirement or other special funds of	16616
political subdivisions and taxing districts of this state, the	16617
commissioners of the sinking fund of the state, the administrator	16618
of workers' compensation, the state teachers retirement system,	16619
the public employees retirement system, the school employees	16620
retirement system, and the Ohio police and fire pension fund,	16621
notwithstanding any other provisions of the Revised Code or rules	16622
adopted pursuant thereto by any governmental agency of the state	16623
with respect to investments by them, and are also acceptable as	16624
security for the deposit of public moneys.	16625

(O) Unless otherwise provided in any applicable bond	16626
proceedings, moneys to the credit of or in the special funds	16627
established by or pursuant to this section may be invested by or	16628
on behalf of the issuing authority only in notes, bonds, or other	16629
obligations of the United States, or of any agency or	16630
instrumentality of the United States, obligations guaranteed as to	16631
principal and interest by the United States, obligations of this	16632
state or any political subdivision of this state, and certificates	16633
of deposit of any national bank located in this state and any	16634
bank, as defined in section 1101.01 of the Revised Code, subject	16635
to inspection by the superintendent of banks. If the law or the	16636
instrument creating a trust pursuant to division (J) of this	16637
section expressly permits investment in direct obligations of the	16638
United States or an agency of the United States, unless expressly	16639
prohibited by the instrument, such moneys also may be invested in	16640
no-front-end-load money market mutual funds consisting exclusively	16641
of obligations of the United States or an agency of the United	16642
States and in repurchase agreements, including those issued by the	16643
fiduciary itself, secured by obligations of the United States or	16644
an agency of the United States; and in common trust funds	16645
established in accordance with section 1111.20 of the Revised Code	16646
and consisting exclusively of any such securities, notwithstanding	16647
division (A)(4) of that section. The income from such investments	16648
shall be credited to such funds as the issuing authority	16649
determines, and such investments may be sold at such times as the	16650
issuing authority determines or authorizes.	16651

(P) Provision may be made in the applicable bond proceedings	16652
for the establishment of separate accounts in the bond service	16653
fund and for the application of such accounts only to the	16654
specified bond service charges on obligations pertinent to such	16655
accounts and bond service fund and for other accounts therein	16656
within the general purposes of such fund. Unless otherwise	16657
provided in any applicable bond proceedings, moneys to the credit	16658
of or in the several special funds established pursuant to this	16659
section shall be disbursed on the order of the treasurer of state,	16660
provided that no such order is required for the payment from the	16661
bond service fund when due of bond service charges on obligations.	16662

(Q) The issuing authority may pledge all, or such portion as	16663
the issuing authority determines, of the pledged receipts to the	16664
payment of bond service charges on obligations issued under this	16665
section, and for the establishment and maintenance of any	16666
reserves, as provided in the bond proceedings, and make other	16667
provisions therein with respect to pledged receipts as authorized	16668
by this chapter, which provisions are controlling notwithstanding	16669
any other provisions of law pertaining thereto.	16670

(R) The issuing authority may covenant in the bond	16671
proceedings, and any such covenants are controlling	16672
notwithstanding any other provision of law, that the state and	16673
applicable officers and governmental agencies of the state,	16674
including the general assembly, so long as any obligations are	16675
outstanding, shall:	16676

(1) Maintain statutory authority for and cause to be charged	16677
and collected wholesale and retail prices for spirituous liquor	16678
sold by the state or its agents so that the pledged receipts are	16679
sufficient in amount to meet bond service charges, and the	16680
establishment and maintenance of any reserves and other	16681
requirements provided for in the bond proceedings, and, as	16682
necessary, to meet covenants contained in contracts of guarantee	16683
made under section 166.06 of the Revised Code;	16684

(2) Take or permit no action, by statute or otherwise, that	16685
would impair the exemption from federal income taxation of the	16686
interest on the obligations.	16687

(S) There is hereby created the economic development bond	16688
service fund, which shall be in the custody of the treasurer of	16689
state but shall be separate and apart from and not a part of the	16690
state treasury. All moneys received by or on account of the	16691
issuing authority or state agencies and required by the applicable	16692
bond proceedings, consistent with this section, to be deposited,	16693
transferred, or credited to a bond service fund or the economic	16694
development bond service fund, and all other moneys transferred or	16695
allocated to or received for the purposes of the fund, shall be	16696
deposited and credited to such fund and to any separate accounts	16697
therein, subject to applicable provisions of the bond proceedings,	16698
but without necessity for any act of appropriation. During the	16699
period beginning with the date of the first issuance of	16700
obligations and continuing during such time as any such	16701
obligations are outstanding, and so long as moneys in the	16702
pertinent bond service funds are insufficient to pay all bond	16703
services charges on such obligations becoming due in each year, a	16704
sufficient amount of the gross profit on the sale of spirituous	16705
liquor included in pledged receipts are committed and shall be	16706
paid to the bond service fund or economic development bond service	16707
fund in each year for the purpose of paying the bond service	16708
charges becoming due in that year without necessity for further	16709
act of appropriation for such purpose and notwithstanding anything	16710
to the contrary in Chapter 4301. of the Revised Code. The	16711
economic development bond service fund is a trust fund and is	16712
hereby pledged to the payment of bond service charges to the	16713
extent provided in the applicable bond proceedings, and payment	16714
thereof from such fund shall be made or provided for by the	16715
treasurer of state in accordance with such bond proceedings	16716
without necessity for any act of appropriation.	16717

(T) The obligations, the transfer thereof, and the income	16718
therefrom, including any profit made on the sale thereof, shall at	16719
all times be free from taxation within the state.	16720

Sec. 166.11. (A) The aggregate principal amount of project	16721
financing obligations that may be issued under section 166.08 of	16722
the Revised Code is three hundred million dollars, plus the	16723
principal amount of such project financing obligations retired by	16724
payments. The aggregate principal amount of obligations, exclusive	16725
of project financing obligations, that may be issued under section	16726
166.08 of the Revised Code is six hundred thirty million dollars,	16727
plus the principal amount of any such obligations retired by	16728
payment, the amounts held or obligations pledged for the payment	16729
of the principal amount of any such obligations outstanding,	16730
amounts in special funds held as reserves to meet bond service	16731
charges, and amounts of obligations issued to provide moneys	16732
required to meet payments from the loan guarantee fund created in	16733
section 166.06 of the Revised Code and the innovation Ohio loan	16734
guarantee fund created in section 166.15 of the Revised Code. Of	16735
that six hundred thirty million dollars, not more than	16736
eighty-four million principal amount of obligations may be issued	16737
for eligible advanced energy projects and not more than one	16738
hundred million principal amount of obligations may be issued for	16739
eligible logistics and distribution projects. The terms of the	16740
obligations issued under section 166.08 of the Revised Code, other	16741
than obligations issued to meet guarantees that cannot be	16742
satisfied from amounts then held in the loan guarantee fund or	16743
the innovation Ohio loan guarantee fund, shall be such that the	16744
aggregate amount of moneys used from profit from the sale of	16745
spirituous liquor, and not from other sources, in any fiscal	16746
year shall not exceed sixty-three million dollars. For purposes	16747
of the preceding sentence, "other sources" include the annual	16748
investment income on special funds to the extent it will be	16749
available for payment of any bond service charges in lieu of use	16750
of profit from the sale of spirituous liquor, and shall be	16751
estimated on the basis of the expected funding of those special	16752
funds and assumed investment earnings thereon at a rate equal to	16753
the weighted average yield on investments of those special funds	16754
determined as of any date within sixty days immediately preceding	16755
the date of issuance of the bonds in respect of which the	16756
determination is being made. Amounts received in any fiscal year	16757
under section 6341 of the Internal Revenue Code, 26 U.S.C. 6341,	16758
shall not be included when determining the sixty-three million	16759
dollar limit. The determinations required by this division shall	16760
be made by the treasurer of state at the time of issuance of an	16761
issue of obligations and shall be conclusive for purposes of such	16762
issue of obligations from and after their issuance and delivery.	16763

(B) The aggregate amount of the guaranteed portion of the	16764
unpaid principal of loans guaranteed under sections 166.06 and	16765
166.15 of the Revised Code and the unpaid principal of loans made	16766
under sections 166.07, 166.16, and 166.21 of the Revised Code may	16767
not at any time exceed eight hundred million dollars. Of that	16768
eight hundred million dollars, the aggregate amount of the	16769
guaranteed portion of the unpaid principal of loans guaranteed	16770
under sections 166.06 and 166.15 of the Revised Code shall not at	16771
any time exceed two hundred million dollars. However, the	16772
limitations established under this division do not apply to loans	16773
made with proceeds from the issuance and sale of project financing	16774
obligations.	16775

Sec. 166.22. (A) There is hereby created in the state	16776
treasury the rapid outreach loan fund, which shall consist of	16777
money transferred to the fund from the funds created and used	16778
under sections 166.20, 166.21, 166.25, and 166.26 of the Revised	16779
Code. Money in the fund shall be used for eligible projects only,	16780
as limited by the purposes for which money may be used under each	16781
fund from which the money is transferred, and applied to allowable	16782
costs as provided under those sections. The fund shall also	16783
consist of any other money appropriated to it and money received	16784
by the state from the repayment of loans and recovery on loan	16785
guarantees, including interest thereon, and the repayment and	16786
recovery of grants, made from the fund. All investment earnings	16787
on the cash balance in the fund shall be credited to the fund.	16788
The fund shall not be comprised, in any part, of money raised by	16789
taxation.	16790

(B) The director of development, with the approval of the	16791
controlling board and subject to other applicable provisions of	16792
this chapter, may lend or grant money in the rapid outreach loan	16793
fund to persons for the purpose of paying allowable costs of	16794
eligible projects, if the director determines that all of the	16795
following conditions are met:	16796

(1) The project is economically sound;

16797

(2) The project is an eligible project under division (D) of	16798
section 166.01 of the Revised Code or is otherwise eligible for	16799
funding under the applicable fund from which the money is	16800
transferred to the rapid outreach loan fund;	16801

(3) The amount to be provided from the rapid outreach loan	16802
fund is a reasonable amount given the scope of the eligible	16803
project as determined by the director;	16804

(4) If the money provided is in the form of a loan, the	16805
director shall determine whether the loan is to be repaid or may	16806
be forgiven. If the loan must be repaid, the director must	16807
determine whether the loan has been secured by a mortgage,	16808
assignment, pledge, lien provided for under section 9.661 of the	16809
Revised Code, or other interest in property or other assets of	16810
the borrower, at such level of priority and value as the director	16811
considers necessary, provided that, in making such a	16812
determination, the director shall take into account the value of	16813
any rights granted by the borrower to the director to control the	16814
use of any assets of the borrower under the circumstances	16815
described in the loan documents.	16816

(C) The determinations of the director under division (B) of	16817
this section shall be conclusive for purposes of the validity of a	16818
loan or grant agreement signed by the director.	16819

(D) Fees, charges, rates of interest, times of payment of	16820
interest and principal, and other terms and conditions of, and	16821
security for, loans and grants made from the rapid outreach loan	16822
fund shall be such as the director determines to be appropriate	16823
and in furtherance of the purpose for which the loans and grants	16824
are made. The moneys used in making loans and grants shall be	16825
disbursed from the fund upon order of the director. Unless	16826
otherwise specified in any indenture or other instrument securing	16827
obligations under division (D) of section 166.08 of the Revised	16828
Code, any payments of principal and interest from loans and	16829
grants made from the fund, including any proceeds of actions to	16830
collect the loans or to recover grant funds, shall be paid to the	16831
fund and used for the purpose of making loans and grants under	16832
this section.	16833

(E) The director may take actions necessary or appropriate to	16834
collect or otherwise deal with any loan or grant made under this	16835
section.	16836

(F) The director may fix service charges for the making of a	16837
loan. The charges shall be payable at such times and place and in	16838
such amounts and manner as may be prescribed by the director.	16839

(G)(1) There shall be credited to the rapid outreach loan	16840
fund money received by this state from the repayment of loans,	16841
including interest thereon, made from the fund, and money	16842
received from the sale, lease, or other disposition of property	16843
acquired or constructed with money in the fund derived from the	16844
proceeds of the sale of obligations under section 166.08 of the	16845
Revised Code. Money in the fund shall be applied as provided in	16846
this chapter pursuant to appropriations made by the general	16847
assembly.	16848

(2) In addition to the requirements in division (G)(1) of	16849
this section, money referred to in that division may be deposited	16850
to the credit of separate accounts established by the director	16851
within the rapid outreach loan fund or in the bond service fund	16852
and pledged to the security of obligations, applied to the	16853
payment of bond service charges without need for appropriation,	16854
released from any such pledge and transferred to the rapid	16855
outreach loan fund, all as, and to the extent, provided in the	16856
bond proceedings pursuant to written directions of the director.	16857
Accounts may be established by the director in the rapid outreach	16858
loan fund for particular projects or otherwise. The director may	16859
withdraw from the fund or, subject to provisions of the	16860
applicable bond proceedings, from any special funds established	16861
pursuant to the bond proceedings, or from any accounts in such	16862
funds, any amounts of investment income required to be rebated	16863
and paid to the federal government in order to maintain the	16864
exemption from federal income taxation of interest on obligations	16865
issued under this chapter, which withdrawal and payment may be	16866
made without the necessity for appropriation.	16867

Sec. 166.25. (A) The director of development, with the	16868
approval of the controlling board and subject to the other	16869
applicable provisions of this chapter, may lend money in the	16870
logistics and distribution infrastructure fund and the logistics	16871
and distribution infrastructure taxable bond fund to persons for	16872
the purpose of paying allowable costs of eligible logistics and	16873
distribution projects.	16874

(B) In determining the eligible logistics and distribution	16875
projects to be assisted and the nature, amount, and terms of	16876
assistance to be provided for an eligible logistics and	16877
distribution project, the director shall consult with appropriate	16878
governmental agencies, including the department of transportation	16879
and the Ohio rail development commission.	16880

(C)(1) The director shall submit to the development financing	16881
advisory council the terms of the proposed assistance to be	16882
provided for an eligible logistics and distribution project and	16883
such other relevant information as the council may request.	16884

(2) The council, on the basis of such information, shall make	16885
recommendations as to the appropriateness of the assistance to be	16886
provided. The recommendations may be revised to reflect any	16887
changes in the proposed assistance the director may submit to the	16888
council.	16889

(3) The director shall submit the terms of the proposed	16890
assistance to be provided, along with the recommendations, as	16891
amended, of the council as to the appropriateness of the proposed	16892
assistance, to the controlling board.	16893

(D) Any loan made pursuant to this section shall be evidenced	16894
by a loan agreement, which shall contain such terms as the	16895
director determines necessary or appropriate, including	16896
performance measures and reporting requirements. The director may	16897
take actions necessary or appropriate to collect or otherwise deal	16898
with any loan made under this section, including requiring a loan	16899
recipient to repay the amount of the loan plus interest at a rate	16900
of three per cent above the federal short term interest rate or	16901
any other rate determined by the director.	16902

Sec. 166.28. (A) There is hereby created in the state	16903
treasury the logistics and distribution infrastructure taxable	16904
bond fund. The fund shall consist of grants, gifts, and	16905
contributions of money or rights to money lawfully designated for	16906
or deposited into the fund, all money and rights to money lawfully	16907
appropriated and transferred to the fund, including money received	16908
from the issuance of federally taxable obligations under section	16909
166.08 of the Revised Code and subject to section 166.11 of the	16910
Revised Code, and money credited to the fund pursuant to division	16911
(B) of this section. The fund shall be used for the allowable	16912
costs of eligible logistics and distribution projects. All	16913
investment earnings on the cash balance in the fund shall be	16914
credited to the fund. The fund shall not be comprised, in any	16915
part, of money raised by taxation.	16916

(B) There shall be credited to the logistics and distribution	16917
infrastructure taxable bond fund the money received by the state	16918
from the repayment of loans and recovery on loan guarantees,	16919
including interest thereon, made from the fund.	16920

Sec. 169.08. (A) Any person claiming a property interest in	16921
unclaimed funds delivered or reported to the state under Chapter	16922
169. of the Revised Code, including the office of child support in	16923
the department of job and family services, pursuant to section	16924
3123.88 of the Revised Code, may file a claim thereto on the form	16925
prescribed by the director of commerce.	16926

(B) The director shall consider matters relevant to any claim	16927
filed under division (A) of this section and shall hold a formal	16928
hearing if requested or considered necessary and receive evidence	16929
concerning such claim. A finding and decision in writing on each	16930
claim filed shall be prepared, stating the substance of any	16931
evidence received or heard and the reasons for allowance or	16932
disallowance of the claim. The evidence and decision shall be a	16933
public record. No statute of limitations shall bar the allowance	16934
of a claim.	16935

(C) For the purpose of conducting any hearing, the director	16936
may require the attendance of such witnesses and the production of	16937
such books, records, and papers as the director desires, and the	16938
director may take the depositions of witnesses residing within or	16939
without this state in the same manner as is prescribed by law for	16940
the taking of depositions in civil actions in the court of common	16941
pleas, and for that purpose the director may issue a subpoena for	16942
any witness or a subpoena duces tecum to compel the production of	16943
any books, records, or papers, directed to the sheriff of the	16944
county where such witness resides or is found, which shall be	16945
served and returned. The fees of the sheriff shall be the same as	16946
that allowed in the court of common pleas in criminal cases.	16947
Witnesses shall be paid the fees and mileage provided for under	16948
section 119.094 of the Revised Code. Fees and mileage shall be	16949
paid from the unclaimed funds trust fund.	16950

(D) Interest is not payable to claimants of unclaimed funds	16951
held by the state. Claims shall be paid from the trust fund. If	16952
the amount available in the trust fund is not sufficient to pay	16953
pending claims, or other amounts disbursable from the trust fund,	16954
the treasurer of state shall certify such fact to the director,	16955
who shall then withdraw such amount of funds from the mortgage	16956
accounts as the director determines necessary to reestablish the	16957
trust fund to a level required to pay anticipated claims but not	16958
more than ten per cent of the net unclaimed funds reported to	16959
date.	16960

The director ~~shall retain in the trust fund, as a fee for~~	16961
~~administering the funds, five per cent of the total amount of~~	16962
~~unclaimed funds payable to the claimant and~~ may withdraw the funds	16963
paid to the director by the holders and deposited by the director	16964
with the treasurer of state or in a financial institution as agent	16965
for such funds. Whenever these funds are inadequate to meet the	16966
requirements for the trust fund, the director shall provide for a	16967
withdrawal of funds, within a reasonable time, in such amount as	16968
is necessary to meet the requirements, from financial institutions	16969
in which such funds were retained or placed by a holder and from	16970
other holders who have retained funds, in an equitable manner as	16971
prescribed by the director. In the event that the amount to be	16972
withdrawn from any one such holder is less than five hundred	16973
dollars, the amount to be withdrawn shall be at the discretion of	16974
the director. Such funds may be reimbursed in the amounts	16975
withdrawn when the trust fund has a surplus over the amount	16976
required to pay anticipated claims. Whenever the trust fund has a	16977
surplus over the amount required to pay anticipated claims, the	16978
director may transfer such surplus to the mortgage accounts.	16979

(E) If a claim which is allowed under this section relates to	16980
funds which have been retained by the reporting holder, and if the	16981
funds, on deposit with the treasurer of state pursuant to this	16982
chapter, are insufficient to pay claims, the director may notify	16983
such holder in writing of the payment of the claim and such holder	16984
shall immediately reimburse the state in the amount of such claim.	16985
The reimbursement shall be credited to the unclaimed funds trust	16986
fund.	16987

(F) Any person, including the office of child support,	16988
adversely affected by a decision of the director may appeal such	16989
decision in the manner provided in Chapter 119. of the Revised	16990
Code.	16991

In the event the claimant prevails, the claimant shall be	16992
reimbursed for reasonable attorney's fees and costs.	16993

(G) Notwithstanding anything to the contrary in this chapter,	16994
any holder who has paid moneys to or entered into an agreement	16995
with the director pursuant to section 169.05 of the Revised Code	16996
on certified checks, cashiers' checks, bills of exchange, letters	16997
of credit, drafts, money orders, or travelers' checks, may make	16998
payment to any person entitled thereto, including the office of	16999
child support, and upon surrender of the document, except in the	17000
case of travelers' checks, and proof of such payment, the director	17001
shall reimburse the holder for such payment without interest.	17002

Sec. 173.08. (A) The resident services coordinator program is	17003
established in the department of aging to fund resident services	17004
coordinators. The coordinators shall provide information to	17005
low-income and special-needs tenants, including the elderly, who	17006
live in financially assisted rental housing complexes, and assist	17007
those tenants in identifying and obtaining community and program	17008
services and other benefits for which they are eligible.	17009

(B) The resident services coordinator program fund is hereby	17010
created in the state treasury to support the resident services	17011
coordinator program established pursuant to this section. The fund	17012
consists of all moneys the department of development sets aside	17013
pursuant to division (A)~~(4)~~(3) of section 174.02 of the Revised	17014
Code and moneys the general assembly appropriates to the fund.	17015

Sec. 173.28. (A)(1) As used in this division, "incident"	17016
means the occurrence of a violation with respect to a resident or	17017
recipient, as those terms are defined in section 173.14 of the	17018
Revised Code. A violation is a separate incident for each day it	17019
occurs and for each resident who is subject to it.	17020

In lieu of the fine that may be imposed under division (A) of	17021
section 173.99 of the Revised Code, the director of aging may,	17022
under Chapter 119. of the Revised Code, fine a long-term care	17023
provider or other entity, or a person employed by a long-term care	17024
provider or other entity, for a violation of division (C) of	17025
section 173.24 of the Revised Code. The fine shall not exceed one	17026
thousand dollars per incident.	17027

(2) In lieu of the fine that may be imposed under division	17028
(C) of section 173.99 of the Revised Code, the director may, under	17029
Chapter 119. of the Revised Code, fine a long-term care provider	17030
or other entity, or a person employed by a long-term care provider	17031
or other entity, for violating division (E) of section 173.19 of	17032
the Revised Code by denying a representative of the office of the	17033
state long-term care ombudsperson program the access required by	17034
that division. The fine shall not exceed five hundred dollars for	17035
each day the violation continued.	17036

(B) On request of the director, the attorney general shall	17037
bring and prosecute to judgment a civil action to collect any fine	17038
imposed under division (A)(1) or (2) of this section that remains	17039
unpaid thirty days after the violator's final appeal is exhausted.	17040

(C) All fines collected under this section shall be deposited	17041
into the state treasury to the credit of the state long-term care	17042
ombudsperson program fund created under section 173.26 of the	17043
Revised Code.	17044

Sec. 173.35. (A) As used in this section, "PASSPORT	17045
administrative agency" means an entity under contract with the	17046
department of aging to provide administrative services regarding	17047
the PASSPORT program created under section 173.40 of the Revised	17048
Code.	17049

(B) The department of aging shall administer the residential	17050
state supplement program under which the state supplements the	17051
supplemental security income payments received by aged, blind, or	17052
disabled adults under Title XVI of the "Social Security Act," 49	17053
Stat. 620 (1935), 42 U.S.C.A., as amended. Residential state	17054
supplement payments shall be used for the provision of	17055
accommodations, supervision, and personal care services to	17056
supplemental security income recipients who the department	17057
determines are at risk of needing institutional care.	17058

(C) For an individual to be eligible for residential state	17059
supplement payments, all of the following must be the case:	17060

(1) Except as provided by division (G) of this section, the	17061
individual must reside in one of the following:	17062

(a) An adult foster home certified under section 173.36 of	17063
the Revised Code;	17064

(b) A home or facility, other than a nursing home or nursing	17065
home unit of a home for the aging, licensed by the department of	17066
health under Chapter 3721. or 3722. of the Revised Code and	17067
certified in accordance with standards established by the director	17068
of aging under division (D)(2) of this section;	17069

(c) ~~A community alternative home licensed under section~~	17070
~~3724.03 of the Revised Code and certified in accordance with~~	17071
~~standards established by the director of aging under division~~	17072
~~(D)(2) of this section;~~	17073

~~(d)~~ A residential facility as defined in division	17074
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by	17075
the department of mental health and certified in accordance with	17076
standards established by the director of aging under division	17077
(D)(2) of this section;	17078

~~(e)~~(d) An apartment or room used to provide community mental	17079
health housing services certified by the department of mental	17080
health under section 5119.611 of the Revised Code and approved by	17081
a board of alcohol, drug addiction, and mental health services	17082
under division (A)(14) of section 340.03 of the Revised Code and	17083
certified in accordance with standards established by the director	17084
of aging under division (D)(2) of this section.	17085

(2) Effective July 1, 2000, a PASSPORT administrative agency	17086
must have determined that the environment in which the individual	17087
will be living while receiving the payments is appropriate for the	17088
individual's needs. If the individual is eligible for supplemental	17089
security income payments or social security disability insurance	17090
benefits because of a mental disability, the PASSPORT	17091
administrative agency shall refer the individual to a community	17092
mental health agency for the community mental health agency to	17093
issue in accordance with section 340.091 of the Revised Code a	17094
recommendation on whether the PASSPORT administrative agency	17095
should determine that the environment in which the individual will	17096
be living while receiving the payments is appropriate for the	17097
individual's needs. Division (C)(2) of this section does not apply	17098
to an individual receiving residential state supplement payments	17099
on June 30, 2000, until the individual's first eligibility	17100
redetermination after that date.	17101

(3) The individual satisfies all eligibility requirements	17102
established by rules adopted under division (D) of this section.	17103

(D)(1) The directors of aging and job and family services	17104
shall adopt rules in accordance with section 111.15 of the Revised	17105
Code as necessary to implement the residential state supplement	17106
program.	17107

To the extent permitted by Title XVI of the "Social Security	17108
Act," and any other provision of federal law, the director of job	17109
and family services shall adopt rules establishing standards for	17110
adjusting the eligibility requirements concerning the level of	17111
impairment a person must have so that the amount appropriated for	17112
the program by the general assembly is adequate for the number of	17113
eligible individuals. The rules shall not limit the eligibility of	17114
disabled persons solely on a basis classifying disabilities as	17115
physical or mental. The director of job and family services also	17116
shall adopt rules that establish eligibility standards for aged,	17117
blind, or disabled individuals who reside in one of the homes or	17118
facilities specified in division (C)(1) of this section but who,	17119
because of their income, do not receive supplemental security	17120
income payments. The rules may provide that these individuals may	17121
include individuals who receive other types of benefits,	17122
including, social security disability insurance benefits provided	17123
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	17124
42 U.S.C.A. 401, as amended. Notwithstanding division (B) of this	17125
section, such payments may be made if funds are available for	17126
them.	17127

The director of aging shall adopt rules establishing the	17128
method to be used to determine the amount an eligible individual	17129
will receive under the program. The amount the general assembly	17130
appropriates for the program shall be a factor included in the	17131
method that department establishes.	17132

(2) The director of aging shall adopt rules in accordance	17133
with Chapter 119. of the Revised Code establishing standards for	17134
certification of living facilities described in division (C)(1) of	17135
this section.	17136

The directors of aging and mental health shall enter into an	17137
agreement to certify facilities that apply for certification and	17138
meet the standards established by the director of aging under this	17139
division.	17140

(E) The county department of job and family services of the	17141
county in which an applicant for the residential state supplement	17142
program resides shall determine whether the applicant meets income	17143
and resource requirements for the program.	17144

(F) The department of aging shall maintain a waiting list of	17145
any individuals eligible for payments under this section but not	17146
receiving them because moneys appropriated to the department for	17147
the purposes of this section are insufficient to make payments to	17148
all eligible individuals. An individual may apply to be placed on	17149
the waiting list even though the individual does not reside in one	17150
of the homes or facilities specified in division (C)(1) of this	17151
section at the time of application. The director of aging, by	17152
rules adopted in accordance with Chapter 119. of the Revised	17153
Code, shall specify procedures and requirements for placing an	17154
individual on the waiting list and priorities for the order in	17155
which individuals placed on the waiting list are to begin to	17156
receive residential state supplement payments. The rules	17157
specifying priorities may give priority to individuals placed on	17158
the waiting list on or after July 1, 2006, who receive	17159
supplemental security income benefits under Title XVI of the	17160
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C. 1381, as	17161
amended. The rules shall not affect the place on the waiting list	17162
of any person who was on the list on July 1, 2006. The rules	17163
specifying priorities may also set additional priorities based on	17164
living arrangement, such as whether an individual resides in a	17165
facility listed in division (C)(1) of this section or has been	17166
admitted to a nursing facility.	17167

(G) An individual in a licensed or certified living	17168
arrangement receiving state supplementation on November 15, 1990,	17169
under former section 5101.531 of the Revised Code shall not become	17170
ineligible for payments under this section solely by reason of the	17171
individual's living arrangement as long as the individual remains	17172
in the living arrangement in which the individual resided on	17173
November 15, 1990.	17174

(H) The department of aging shall notify each person denied	17175
approval for payments under this section of the person's right to	17176
a hearing. On request, the hearing shall be provided by the	17177
department of job and family services in accordance with section	17178
5101.35 of the Revised Code.	17179

Sec. 173.392. (A) The department of aging may pay a person or	17180
government entity for providing community-based long-term care	17181
services under a program the department administers, even though	17182
the person or government entity is not certified under section	17183
173.391 of the Revised Code, if all of the following are the case:	17184

(1) The person or government entity has a contract with the	17185
department of aging or the department's designee to provide the	17186
services in accordance with the contract or has received a grant	17187
from the department or its designee to provide the services in	17188
accordance with a grant agreement;	17189

(2) The contract or grant agreement includes detailed	17190
conditions of participation for providers of services under a	17191
program the department administers and service standards that the	17192
person or government entity is required to satisfy;	17193

(3) The person or government entity complies with the	17194
contract or grant agreement;	17195

(4) The contract or grant is not for medicaid-funded	17196
services, other than services provided under the PACE program	17197
administered by the department of aging under section 173.50 of	17198
the Revised Code.	17199

(B) The director of aging shall adopt rules in accordance	17200
with Chapter 119. of the Revised Code governing both of the	17201
following:	17202

(1) Contracts and grant agreements between the department of	17203
aging or its designee and persons and government entities	17204
regarding community-based long-term care services provided under a	17205
program the department administers;	17206

(2) The department's payment for community-based long-term	17207
care services ~~provided~~ under ~~such a contract~~this section.	17208

Sec. 173.40. ~~There~~As used in sections 173.40 to 173.402 of	17209
the Revised Code, "PASSPORT program" means the program created	17210
under this section.	17211

There is hereby created ~~a medicaid waiver component, as~~	17212
~~defined in section 5111.85 of the Revised Code, to be known as~~ the	17213
preadmission screening system providing options and resources	17214
today program, or PASSPORT. The PASSPORT program shall provide	17215
home and community-based services as an alternative to nursing	17216
facility placement for aged and disabled medicaid recipients. The	17217
program shall be operated ~~pursuant to a home and community-based~~	17218
as a separate medicaid waiver ~~granted by~~component, as defined in	17219
section 5111.85 of the Revised Code, until the United States	17220
secretary of health and human services approves the consolidated	17221
federal medicaid waiver sought under section ~~1915 of the "Social~~	17222
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396n, as amended~~	17223
5111.861 of the Revised Code. The program shall be part of the	17224
consolidated federal medicaid waiver sought under that section if	17225
the United States secretary approves the waiver. The department of	17226
aging shall administer the program through a contract entered into	17227
with the department of job and family services under section	17228
5111.91 of the Revised Code. The director of job and family	17229
services shall adopt rules under section 5111.85 of the Revised	17230
Code and the director of aging shall adopt rules in accordance	17231
with Chapter 119. of the Revised Code to implement the program.	17232

Sec. 173.401. (A) As used in this section:

17233

"Area agency on aging" has the same meaning as in section	17234
173.14 of the Revised Code.	17235

"Long-term care consultation program" means the program the	17236
department of aging is required to develop under section 173.42 of	17237
the Revised Code.	17238

"Long-term care consultation program administrator" or	17239
"administrator" means the department of aging or, if the	17240
department contracts with an area agency on aging or other entity	17241
to administer the long-term care consultation program for a	17242
particular area, that agency or entity.	17243

"Nursing facility" has the same meaning as in section 5111.20	17244
of the Revised Code.	17245

~~"PASSPORT program" means the program created under section~~	17246
~~173.40 of the Revised Code.~~	17247

"PASSPORT waiver" means the federal medicaid waiver granted	17248
by the United States secretary of health and human services that	17249
authorizes the PASSPORT program.	17250

(B) The director of job and family services shall submit to	17251
the United States secretary of health and human services an	17252
amendment to the PASSPORT waiver that authorizes additional	17253
enrollments in the PASSPORT program pursuant to this section.	17254
Beginning with the month following the month in which the United	17255
States secretary approves the amendment and each month thereafter,	17256
each area agency on aging shall determine whether individuals who	17257
reside in the area that the area agency on aging serves and are on	17258
a waiting list for the PASSPORT program have been admitted to a	17259
nursing facility. If an area agency on aging determines that such	17260
an individual has been admitted to a nursing facility, the agency	17261
shall notify the long-term care consultation program administrator	17262
serving the area in which the individual resides about the	17263
determination. The administrator shall determine whether the	17264
PASSPORT program is appropriate for the individual and whether the	17265
individual would rather participate in the PASSPORT program than	17266
continue residing in the nursing facility. If the administrator	17267
determines that the PASSPORT program is appropriate for the	17268
individual and the individual would rather participate in the	17269
PASSPORT program than continue residing in the nursing facility,	17270
the administrator shall so notify the department of aging. On	17271
receipt of the notice from the administrator, the department of	17272
aging shall approve the individual's enrollment in the PASSPORT	17273
program regardless of the PASSPORT program's waiting list and even	17274
though the enrollment causes enrollment in the program to exceed	17275
the limit that would otherwise apply. Each quarter, the department	17276
of aging shall certify to the director of budget and management	17277
the estimated increase in costs of the PASSPORT program resulting	17278
from enrollment of individuals in the PASSPORT program pursuant to	17279
this section.	17280

~~(C) Not later than the last day of each calendar year, the~~	17281
~~director of job and family services shall submit to the general~~	17282
~~assembly a report regarding the number of individuals enrolled in~~	17283
~~the PASSPORT program pursuant to this section and the costs~~	17284
~~incurred and savings achieved as a result of the enrollments.~~	17285

Sec. 173.402. An individual enrolled in the PASSPORT program	17286
may request that home-delivered meals provided to the individual	17287
under the PASSPORT program be kosher. If such a request is made,	17288
the department of aging or the department's designee shall ensure	17289
that each home-delivered meal provided to the individual under the	17290
PASSPORT program is kosher. In complying with this requirement,	17291
the department or department's designee shall require each entity	17292
that provides home-delivered meals to the individual to provide	17293
the individual with meals that meet, as much as possible, the	17294
requirements established in rules adopted under section 173.40 of	17295
the Revised Code governing the home-delivered meal service while	17296
complying with kosher practices for meal preparation and dietary	17297
restrictions.	17298

An entity that provides a kosher home-delivered meal to a	17299
PASSPORT program enrollee pursuant to this section shall be	17300
reimbursed for the meal at a rate equal to the rate for	17301
home-delivered meals furnished to PASSPORT program enrollees	17302
requiring a therapeutic diet.	17303

Sec. 173.403. "Choices program" means the program created	17304
under this section.	17305

There is hereby created the choices program. The program	17306
shall provide home and community-based services. The choices	17307
program shall be operated as a separate medicaid waiver component,	17308
as defined in section 5111.85 of the Revised Code, until the	17309
United States secretary of health and human services approves the	17310
consolidated federal medicaid waiver sought under section 5111.861	17311
of the Revised Code. The program shall be part of the consolidated	17312
federal medicaid waiver sought under that section if the United	17313
States secretary approves the waiver. The department of aging	17314
shall administer the program through a contract entered into with	17315
the department of job and family services under section 5111.91 of	17316
the Revised Code. Subject to federal approval, the program shall	17317
be available statewide.	17318

Sec. 173.42. (A) As used in ~~this section~~sections 173.42 to	17319
173.434 of the Revised Code:	17320

(1) "Area agency on aging" means a public or private	17321
nonprofit entity designated under section 173.011 of the Revised	17322
Code to administer programs on behalf of the department of aging.	17323

(2) "Department of aging-administered medicaid waiver	17324
component" means each of the following:	17325

(a) The PASSPORT program created under section 173.40 of the	17326
Revised Code;	17327

(b) The choices program created under section 173.403 of the	17328
Revised Code;	17329

(c) The assisted living program created under section 5111.89	17330
of the Revised Code;	17331

(d) Any other medicaid waiver component, as defined in	17332
section 5111.85 of the Revised Code, that the department of aging	17333
administers pursuant to an interagency agreement with the	17334
department of job and family services under section 5111.91 of the	17335
Revised Code.	17336

(3) "Home and community-based services covered by medicaid	17337
components the department of aging administers" means all of the	17338
following:	17339

(a) Medicaid waiver services available to a participant in a	17340
department of aging-administered medicaid waiver component;	17341

(b) The following medicaid state plan services available to a	17342
participant in a department of aging-administered medicaid waiver	17343
component as specified in rules adopted under section 5111.02 of	17344
the Revised Code:	17345

(i) Home health services;

17346

(ii) Private duty nursing services;

17347

(iii) Durable medical equipment;

17348

(iv) Services of a clinical nurse specialist;

17349

(v) Services of a certified nurse practitioner.

17350

17351

(4) "Long-term care consultation" or "consultation" means the	17352
~~process used to provide services under~~consultation service made	17353
available by the department of aging or a program administrator	17354
through the long-term care consultation program established	17355
pursuant to this section~~, including, but not limited to, such~~	17356
~~services as the provision of information about long-term care~~	17357
~~options and costs, the assessment of an individual's functional~~	17358
~~capabilities, and the conduct of all or part of the reviews,~~	17359
~~assessments, and determinations specified in sections 5111.202,~~	17360
~~5111.204, 5119.061, and 5123.021 of the Revised Code and the~~	17361
~~rules adopted under those sections~~.	17362

~~(3)~~(5) "Medicaid" means the medical assistance program	17363
established under Chapter 5111. of the Revised Code.	17364

~~(4)~~(6) "Nursing facility" has the same meaning as in section	17365
5111.20 of the Revised Code.	17366

~~(5)~~(7) "PACE program" means the component of the medicaid	17367
program the department of aging administers pursuant to section	17368
173.50 of the Revised Code.	17369

(8) "PASSPORT administrative agency" means an entity under	17370
contract with the department of aging to provide administrative	17371
services regarding the PASSPORT program.	17372

(9) "Program administrator" means an area agency on aging or	17373
other entity under contract with the department of aging to	17374
administer the long-term care consultation program in a geographic	17375
region specified in the contract.	17376

(10) "Representative" means a person acting on behalf of an	17377
individual ~~seeking a long-term care consultation, applying for~~	17378
~~admission to a nursing facility, or residing in a nursing~~	17379
~~facility~~specified in division (G) of this section. A	17380
representative may be a family member, attorney, hospital social	17381
worker, or any other person chosen to act on behalf of the	17382
individual.	17383

(B) The department of aging shall develop a long-term care	17384
consultation program whereby individuals or their representatives	17385
are provided with long-term care consultations and receive through	17386
these professional consultations information about options	17387
available to meet long-term care needs and information about	17388
factors to consider in making long-term care decisions. The	17389
long-term care consultations provided under the program may be	17390
provided at any appropriate time, as permitted or required under	17391
this section and the rules adopted under it, including either	17392
prior to or after the individual who is the subject of a	17393
consultation has been admitted to a nursing facility or granted	17394
assistance in receiving home and community-based services covered	17395
by medicaid components the department of aging administers.	17396

(C) The long-term care consultation program shall be	17397
administered by the department of aging, except that the	17398
department may ~~enter into a contract with an area agency on aging~~	17399
~~or other entity selected by the department under which the program~~	17400
~~for a particular area is administered by the area agency on aging~~	17401
~~or other entity pursuant to the contract~~have the program	17402
administered on a regional basis by one or more program	17403
administrators. The department and each program administrator	17404
shall administer the program in such a manner that all of the	17405
following are included:	17406

(1) Coordination and collaboration with respect to all	17407
available funding sources for long-term care services;	17408

(2) Assessments of individuals regarding their long-term care	17409
service needs;	17410

(3) Assessments of individuals regarding their on-going	17411
eligibility for long-term care services;	17412

(4) Procedures for assisting individuals in obtaining access	17413
to, and coordination of, health and supportive services, including	17414
department of aging-administered medicaid waiver components;	17415

(5) Priorities for using available resources efficiently and	17416
effectively.	17417

(D) The program's long-term care consultations ~~provided for~~	17418
~~purposes of the program~~ shall be provided by individuals	17419
certified by the department under section ~~173.43~~173.422 of the	17420
Revised Code.	17421

(E) The information provided through a long-term care	17422
consultation shall be appropriate to the individual's needs and	17423
situation and shall address all of the following:	17424

(1) The availability of any long-term care options open to	17425
the individual;	17426

(2) Sources and methods of both public and private payment	17427
for long-term care services;	17428

(3) Factors to consider when choosing among the available	17429
programs, services, and benefits;	17430

(4) Opportunities and methods for maximizing independence and	17431
self-reliance, including support services provided by the	17432
individual's family, friends, and community.	17433

(F) An individual's long-term care consultation may include	17434
an assessment of the individual's functional capabilities. The	17435
consultation may incorporate portions of the determinations	17436
required under sections 5111.202, 5119.061, and 5123.021 of the	17437
Revised Code and may be provided concurrently with the assessment	17438
required under section 5111.204 of the Revised Code.	17439

(G)(1) Unless an exemption specified in division (I) of this	17440
section is applicable, each ~~individual in~~of the following	17441
~~categories~~ shall be provided with a long-term care consultation:	17442

(a) ~~Individuals~~An individual who ~~apply~~applies or ~~indicate~~	17443
indicates an intention to apply for admission to a nursing	17444
facility, regardless of the source of payment to be used for	17445
~~their~~the individual's care in a nursing facility;	17446

(b) ~~Nursing facility residents who apply or indicate an~~	17447
~~intention to apply for medicaid;~~	17448

~~(c) Nursing facility residents who are likely to spend down~~	17449
~~their resources within six months after admission to a nursing~~	17450
~~facility to a level at which they are financially eligible for~~	17451
~~medicaid;~~	17452

~~(d) Individuals~~An individual who ~~request~~requests a	17453
long-term care consultation;	17454

(c) An individual identified by the department or a program	17455
administrator as being likely to benefit from a long-term care	17456
consultation.	17457

(2) In addition to the individuals ~~included in the categories~~	17458
specified in division (G)(1) of this section, a long-term care	17459
~~consultations~~consultation may be provided to a nursing facility	17460
~~residents who have not applied and have not indicated an~~	17461
~~intention to apply for medicaid~~resident regardless of the source	17462
of payment being used for the resident's care in the nursing	17463
facility. ~~The purpose of the consultations provided to these~~	17464
~~individuals shall be to determine continued need for nursing~~	17465
~~facility services, to provide information on alternative services,~~	17466
~~and to make referrals to alternative services.~~	17467

(H)(1) ~~When~~Except as provided in division (H)(2) or (3) of	17468
this section, a long-term care consultation ~~is required to be~~	17469
provided pursuant to division (G)~~(1)~~ of this section~~, the~~	17470
~~consultation~~ shall be provided as follows ~~or pursuant to division~~	17471
~~(H)(2) or (3) of this section~~:	17472

(a) If the individual for whom the consultation is being	17473
provided has applied for medicaid and the consultation is being	17474
provided concurrently with the assessment required under section	17475
5111.204 of the Revised Code, the consultation shall be completed	17476
in accordance with the applicable time frames specified in that	17477
section for providing a level of care determination based on the	17478
assessment.	17479

(b) In all other cases, the consultation shall be provided	17480
not later than five calendar days after the department or ~~the~~	17481
program administrator ~~under contract with the department~~ receives	17482
notice of the reason for which the consultation is ~~required~~ to be	17483
provided pursuant to division (G)~~(1)~~ of this section.	17484

(2) An individual or the individual's representative may	17485
request that a long-term care consultation be provided on a date	17486
that is later than the date required under division (H)(1)(a) or	17487
(b) of this section.	17488

(3) If a long-term care consultation cannot be completed	17489
within the number of days required by division (H)(1) or (2) of	17490
this section, the department or ~~the~~ program administrator ~~under~~	17491
~~contract with the department~~ may do any of the following:	17492

(a) ~~Exempt~~In the case of an individual specified in division	17493
(G)(1) of this section, exempt the individual from the	17494
consultation pursuant to rules that may be adopted under division	17495
(L) of this section;	17496

(b) In the case of an applicant for admission to a nursing	17497
facility, provide the consultation after the individual is	17498
admitted to the nursing facility;	17499

(c) In the case of a resident of a nursing facility, provide	17500
the consultation as soon as practicable.	17501

(I) An individual is not required to be provided a long-term	17502
care consultation under division (G)(1) of this section if any of	17503
the following apply:	17504

(1) The department or program administrator has attempted to	17505
provide the consultation, but the individual or the individual's	17506
representative ~~chooses to forego participation in the consultation~~	17507
~~pursuant to criteria specified in rules adopted under division (L)~~	17508
~~of this section~~refuses to cooperate;	17509

(2) The individual is to receive care in a nursing facility	17510
under a contract for continuing care as defined in section 173.13	17511
of the Revised Code;	17512

(3) The individual has a contractual right to admission to a	17513
nursing facility operated as part of a system of continuing care	17514
in conjunction with one or more facilities that provide a less	17515
intensive level of services, including a residential care facility	17516
licensed under Chapter 3721. of the Revised Code, an adult care	17517
facility licensed under Chapter 3722. of the Revised Code, or an	17518
independent living arrangement;	17519

(4) The individual is to receive continual care in a home for	17520
the aged exempt from taxation under section 5701.13 of the Revised	17521
Code;	17522

(5) The individual is seeking admission to a facility that is	17523
not a nursing facility with a provider agreement under section	17524
5111.22, 5111.671, or 5111.672 of the Revised Code;	17525

(6) ~~The individual is to be transferred from another nursing~~	17526
~~facility;~~	17527

~~(7) The individual is to be readmitted to a nursing facility~~	17528
~~following a period of hospitalization;~~	17529

~~(8)~~ The individual is exempted from the long-term care	17530
consultation requirement by the department or the program	17531
administrator pursuant to rules that may be adopted under division	17532
(L) of this section.	17533

(J) ~~At the conclusion of an individual's~~As part of the	17534
long-term care consultation program, the department or ~~the~~	17535
program administrator ~~under contract with the department~~ shall	17536
~~providethe~~assist an individual or individual's representative	17537
~~with a written summary of options and resources available to~~	17538
~~meet the individual's needs~~in accessing all sources of care and	17539
services that are appropriate for the individual and for which	17540
the individual is eligible, including all available home and	17541
community-based services covered by medicaid components the	17542
department of aging administers. ~~Even though the summary may~~	17543
~~specify that a source of long-term care other than care in a~~	17544
~~nursing facility is appropriate and available, the individual is~~	17545
~~not required to seek an alternative source of long-term care~~	17546
~~and may be admitted to or continue to reside in a nursing~~	17547
~~facility~~The assistance shall include providing for the conduct	17548
of assessments or other evaluations and the development of	17549
individualized plans of care or services under section 173.424 of	17550
the Revised Code.	17551

(K) No nursing facility for which an operator has a provider	17552
agreement under section 5111.22, 5111.671, or 5111.672 of the	17553
Revised Code shall admit ~~or retain~~ any individual as a resident,	17554
unless the nursing facility has received evidence that a	17555
long-term care consultation has been completed for the individual	17556
or division (I) of this section is applicable to the individual.	17557

(L) The director of aging may adopt any rules the director	17558
considers necessary for the implementation and administration of	17559
this section. The rules shall be adopted in accordance with	17560
Chapter 119. of the Revised Code and may specify any or all of	17561
the following:	17562

(1) Procedures for providing long-term care consultations	17563
pursuant to this section;	17564

(2) Information to be provided through long-term care	17565
consultations regarding long-term care services that are	17566
available;	17567

(3) Criteria ~~under which an individual or the individual's~~	17568
~~representative may choose to forego participation in~~and	17569
procedures to be used to identify and recommend appropriate	17570
service options for an individual receiving a long-term care	17571
consultation;	17572

(4) Criteria for exempting individuals from the long-term	17573
care consultation requirement;	17574

(5) Circumstances under which it may be appropriate to	17575
provide an individual's long-term care consultation after the	17576
individual's admission to a nursing facility rather than before	17577
admission;	17578

(6) Criteria for identifying nursing facility residents who	17579
would benefit from the provision of a long-term care	17580
consultation;	17581

(7) A description of the types of information from a nursing	17582
facility that is needed under the long-term care consultation	17583
program to assist a resident with relocation from the facility;	17584

(8) Standards to prevent conflicts of interest relative to	17585
the referrals made by a person who performs a long-term care	17586
consultation, including standards that prohibit the person from	17587
being employed by a provider of long-term care services;	17588

(9) Procedures for providing notice and an opportunity for a	17589
hearing under division (N) of this section.	17590

(M) To assist the department and each program administrator	17591
with identifying individuals who are likely to benefit from a	17592
long-term care consultation, the department and program	17593
administrator may ask to be given access to nursing facility	17594
resident assessment data collected through the use of the resident	17595
assessment instrument specified in rules adopted under section	17596
5111.02 of the Revised Code for purposes of the medicaid program.	17597
Except when prohibited by state or federal law, the department of	17598
health, department of job and family services, or nursing facility	17599
holding the data shall grant access to the data on receipt of the	17600
request from the department of aging or program administrator.	17601

~~(M)~~(N)(1) The director of aging, after providing notice and	17602
an opportunity for a hearing, may fine a nursing facility an	17603
amount determined by rules the director shall adopt in accordance	17604
with Chapter 119. of the Revised Code iffor any of the following	17605
reasons:	17606

(a) The nursing facility admits ~~or retains~~ an individual,	17607
without evidence that a long-term care consultation has been	17608
provided, as required by this section;	17609

(b) The nursing facility denies a person attempting to	17610
provide a long-term care consultation access to the facility or a	17611
resident of the facility;	17612

(c) The nursing facility denies the department of aging or	17613
program administrator access to the facility or a resident of the	17614
facility, as the department or administrator considers necessary	17615
to administer the program.	17616

(2) In accordance with section 5111.62 of the Revised Code,	17617
all fines collected under ~~this~~ division (N)(1) of this section	17618
shall be deposited into the state treasury to the credit of the	17619
residents protection fund.	17620

Sec. 173.421. As part of the long-term care consultation	17621
program established under section 173.42 of the Revised Code, the	17622
department of aging may establish procedures for the conduct of	17623
periodic or follow-up long-term care consultations for residents	17624
of nursing facilities, including annual or more frequent	17625
reassessments of the residents' functional capabilities. If the	17626
procedures are established, the department or program	17627
administrator shall assign individuals to nursing facilities to	17628
serve as care managers within the facilities. The individuals	17629
assigned shall be individuals who are certified under section	17630
173.422 of the Revised Code to provide long-term care	17631
consultations.	17632

~~Sec. 173.43.~~ Sec. 173.422. The department of aging shall certify	17633
individuals who meet certification requirements established by	17634
rule to provide long-term care consultations for purposes of	17635
~~section~~sections 173.42 and 173.421 of the Revised Code. The	17636
director of aging shall adopt rules in accordance with Chapter	17637
119. of the Revised Code governing the certification process and	17638
requirements. The rules shall specify the education, experience,	17639
or training in long-term care a person must have to qualify for	17640
certification.	17641

Sec. 173.423. If an individual who is the subject of a	17642
long-term care consultation is eligible for and elects to receive	17643
home and community-based services covered by medicaid components	17644
the department of aging administers, the department of aging or	17645
program administrator shall monitor the individual by doing	17646
either or both of the following at least once each year:	17647

(A) Determining whether the services being provided to the	17648
individual are appropriate;	17649

(B) Determining whether changes in the types of services	17650
being provided to the individual should be made.	17651

Sec. 173.424. If, under federal law, an individual's	17652
eligibility for the home and community-based services covered by	17653
medicaid components the department of aging administers is	17654
dependent on the conduct of an assessment or other evaluation of	17655
the individual's needs and capabilities and the development of an	17656
individualized plan of care or services, the department shall	17657
develop and implement all procedures necessary to comply with the	17658
federal law. The procedures shall include the use of long-term	17659
care consultations.	17660

Sec. 173.425. Annually, the department of aging shall prepare	17661
a report regarding the individuals who are the subjects of	17662
long-term care consultations and elect to receive home and	17663
community-based services covered by medicaid components the	17664
department of aging administers. The department shall prepare the	17665
report in consultation with the department of job and family	17666
services and office of budget and management. Each annual report	17667
shall include all of the following information:	17668

(A) The total savings achieved by providing home and	17669
community-based services covered by medicaid components the	17670
department of aging administers rather than services that	17671
otherwise would be provided in a nursing facility;	17672

(B) The average number of days that individuals receive home	17673
and community-based services covered by medicaid components the	17674
department of aging administers before and after receiving	17675
nursing facility services;	17676

(C) A categorical analysis of the acuity levels of the	17677
individuals who receive home and community-based services covered	17678
by medicaid components the department of aging administers;	17679

(D) Any other statistical information the department of aging	17680
considers appropriate for inclusion in the report.	17681

Sec. 173.43. (A) Subject to section 173.433 of the Revised	17682
Code, the department of aging shall enter into an interagency	17683
agreement with the department of job and family services under	17684
section 5111.91 of the Revised Code under which the department of	17685
aging is required to establish for each biennium a unified	17686
long-term care budget for home and community-based services	17687
covered by medicaid components the department of aging	17688
administers. The interagency agreement shall require the	17689
department of aging to do all of the following:	17690

(1) Administer the unified long-term care budget in	17691
accordance with sections 173.43 to 173.434 of the Revised Code and	17692
the general assembly's appropriations for home and community-based	17693
services covered by medicaid components the department of aging	17694
administers for the applicable biennium;	17695

(2) Contract with each PASSPORT administrative agency for	17696
assistance in the administration of the unified long-term care	17697
budget;	17698

(3) Provide individuals who are eligible for home and	17699
community-based services covered by medicaid components the	17700
department of aging administers a choice of services that meet	17701
the individuals' needs and improve their quality of life;	17702

(4) Provide a continuum of services that meet the life-long	17703
needs of individuals who are eligible for home and community-based	17704
services covered by medicaid components the department of aging	17705
administers.	17706

(B) The director of budget and management shall create new	17707
appropriation items as necessary for establishment of the unified	17708
long-term care budget.	17709

Sec. 173.431. Subject to section 173.433 of the Revised	17710
Code, the department of aging shall ensure that the unified	17711
long-term care budget established under section 173.43 of the	17712
Revised Code is administered in a manner that provides medicaid	17713
coverage of and expands access to all of the following as	17714
necessary to meet the needs of individuals receiving home and	17715
community-based services covered by medicaid components the	17716
department of aging administers:	17717

(A) To the extent permitted by the medicaid waivers	17718
authorizing department of aging-administered medicaid waiver	17719
components, all of the following medicaid waiver services	17720
provided under department of aging-administered medicaid waiver	17721
components:	17722

(1) Personal care services;

17723

(2) Home-delivered meals;

17724

(3) Adult day-care;

17725

(4) Homemaker services;

17726

(5) Emergency response services;

17727

(6) Medical equipment and supplies;

17728

(7) Chore services;

17729

(8) Social work counseling;

17730

(9) Nutritional counseling;

17731

(10) Independent living assistance;

17732

(11) Medical transportation;

17733

(12) Nonmedical transportation;

17734

(13) Home care attendant services;

17735

(14) Assisted living services;

17736

(15) Community transition services;

17737

(16) Enhanced community living services;

17738

(17) All other medicaid waiver services provided under	17739
department of aging-administered medicaid waiver components.	17740

(B) All of the following state medicaid plan services as	17741
specified in rules adopted under section 5111.02 of the Revised	17742
Code:	17743

(1) Home health services;

17744

(2) Private duty nursing services;

17745

(3) Durable medical equipment;

17746

(4) Services of a clinical nurse specialist;

17747

(5) Services of a certified nurse practitioner.

17748

17749

Sec. 173.432. Subject to section 173.433 of the Revised Code,	17750
the department of aging or its designee shall provide care	17751
management and authorization services with regard to the state	17752
plan services specified in division (B) of section 173.431 of the	17753
Revised Code that are provided to participants of department of	17754
aging-administered medicaid waiver components. The department or	17755
its designee shall ensure that no person providing the care	17756
management and authorization services performs an activity that	17757
may not be performed without a valid certificate or license issued	17758
by an agency of this state unless the person holds the valid	17759
certificate or license.	17760

Sec. 173.433. (A) The director of job and family services	17761
shall do one or more of the following as necessary for the	17762
implementation of sections 173.43 to 173.432 of the Revised Code:	17763

(1) Submit one or more state medicaid plan amendments to the	17764
United States secretary of health and human services;	17765

(2) Request one or more federal medicaid waivers from the	17766
United States secretary;	17767

(3) Submit one or more federal medicaid waiver amendments to	17768
the United States secretary.	17769

(B) No provision of sections 173.43 to 173.432 of the Revised	17770
Code that requires the approval of the United States secretary of	17771
health and human services shall be implemented until the United	17772
States secretary provides the approval.	17773

Sec. 173.434. The director of job and family services shall	17774
adopt rules under section 5111.85 of the Revised Code to authorize	17775
the director of aging to adopt rules that are needed to implement	17776
sections 173.43 to 173.432 of the Revised Code. The director of	17777
aging's rules shall be adopted in accordance with Chapter 119. of	17778
the Revised Code.	17779

Sec. 173.50. (A) Pursuant to a contract entered into with the	17780
department of job and family services as an interagency agreement	17781
under section 5111.91 of the Revised Code, the department of aging	17782
shall carry out the day-to-day administration of the component of	17783
the medicaid program established under Chapter 5111. of the	17784
Revised Code known as the program of all-inclusive care for the	17785
elderly or PACE. The department of aging shall carry out its PACE	17786
administrative duties in accordance with the provisions of the	17787
interagency agreement and all applicable federal laws, including	17788
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396u-4,	17789
as amended.	17790

(B) The department of aging may adopt rules in accordance	17791
with Chapter 119. of the Revised Code regarding the PACE program,	17792
including rules establishing priorities for enrolling in the	17793
program pursuant to section 173.501 of the Revised Code. The	17794
department's rules are subject to both of the following:	17795

(1) The rules shall be authorized by rules adopted by the	17796
department of job and family services.	17797

(2) The rules shall address only those issues that are not	17798
addressed in rules adopted by the department of job and family	17799
services for the PACE program.	17800

Sec. 173.501. (A) As used in this section:

17801

"Nursing facility" has the same meaning as in section 5111.20	17802
of the Revised Code.	17803

"PACE provider" has the same meaning as in 42 U.S.C.	17804
1396u-4(a)(3).	17805

(B) Each month, the department of aging shall determine	17806
whether individuals who are on a waiting list for the PACE program	17807
have been admitted to a nursing facility. If the department	17808
determines that such an individual has been admitted to a nursing	17809
facility, the department shall notify the PACE provider serving	17810
the area in which the individual resides about the determination.	17811
The PACE provider shall determine whether the PACE program is	17812
appropriate for the individual and whether the individual would	17813
rather participate in the PACE program than continue residing in	17814
the nursing facility. If the PACE provider determines that the	17815
PACE program is appropriate for the individual and the individual	17816
would rather participate in the PACE program than continue	17817
residing in the nursing facility, the PACE provider shall so	17818
notify the department of aging. On receipt of the notice from the	17819
PACE provider, the department of aging shall approve the	17820
individual's enrollment in the PACE program in accordance with	17821
priorities established in rules adopted under section 173.50 of	17822
the Revised Code. Each quarter, the department of aging shall	17823
certify to the director of budget and management the estimated	17824
increase in costs of the PACE program resulting from enrollment of	17825
individuals in the PACE program pursuant to this section.	17826

Sec. 173.70. (A) The director of aging may enter into a	17827
contract with any person under which the person operates a program	17828
for the provision of outpatient prescription drug discounts to any	17829
or all of the following:	17830

(1) Individuals who are sixty years of age or older;

17831

(2) Individuals whose family incomes do not exceed three	17832
hundred per cent of the federal poverty guidelines, as revised	17833
annually by the United States department of health and human	17834
services in accordance with section 673(2) of the "Omnibus Budget	17835
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	17836
amended;	17837

(3) Individuals who are persons with disabilities, as defined	17838
in section 173.06 of the Revised Code.	17839

(B) The director may disclose to the person under contract	17840
information that identifies the individuals who participated in	17841
and individuals who applied for participation in the Ohio's best	17842
Rx program that was operated under former sections 173.71 to	17843
173.91 of the Revised Code.	17844

Sec. 173.71. As used in sections 173.71 to 173.91 of the	17845
Revised Code:	17846

(A) "Children's health insurance program" means the	17847
children's health insurance program part I, part II, and part III	17848
established under sections 5101.50 to 5101.529 of the Revised	17849
Code.	17850

(B) ~~"Disability medical assistance program" means the program~~	17851
~~established under section 5115.10 of the Revised Code.~~	17852

~~(C)~~ "Medicaid program" or "medicaid" means the medical	17853
assistance program established under Chapter 5111. of the Revised	17854
Code.	17855

~~(D)~~(C) "National drug code number" means the number	17856
registered for a drug pursuant to the listing system established	17857
by the United States food and drug administration under the "Drug	17858
Listing Act of 1972," 86 Stat. 559, 21 U.S.C. 360, as amended.	17859

~~(E)~~(D) "Ohio's best Rx program participant" or "participant"	17860
means an individual determined eligible for the Ohio's best Rx	17861
program and included under an Ohio's best Rx program enrollment	17862
card.	17863

~~(F)~~(E) "Participating manufacturer" means a drug manufacturer	17864
participating in the Ohio's best Rx program pursuant to a	17865
manufacturer agreement entered into under section 173.81 of the	17866
Revised Code.	17867

~~(G)~~(F) "Participating terminal distributor" means a terminal	17868
distributor of dangerous drugs participating in the Ohio's best Rx	17869
program pursuant to an agreement entered into under section 173.79	17870
of the Revised Code.	17871

~~(H)~~(G) "Political subdivision" has the same meaning as in	17872
section 9.23 of the Revised Code.	17873

~~(I)~~(H) "State agency" has the same meaning as in section 9.23	17874
of the Revised Code.	17875

~~(J)~~(I) "Terminal distributor of dangerous drugs" has the same	17876
meaning as in section 4729.01 of the Revised Code.	17877

~~(K)~~(J) "Third-party payer" has the same meaning as in section	17878
3901.38 of the Revised Code.	17879

~~(L)~~(K) "Trade secret" has the same meaning as in section	17880
1333.61 of the Revised Code.	17881

~~(M)~~(L) "Usual and customary charge" means the amount a	17882
participating terminal distributor or the drug mail order system	17883
included in the Ohio's best Rx program pursuant to section 173.78	17884
of the Revised Code charges when a drug included in the program is	17885
purchased by an individual who does not receive a discounted price	17886
for the drug pursuant to any drug discount program, including the	17887
Ohio's best Rx program or a pharmacy assistance program	17888
established by any person or government entity, and for whom no	17889
third-party payer or program funded in whole or part with state or	17890
federal funds is responsible for all or part of the cost of the	17891
drug.	17892

Sec. 173.76. (A) To be eligible for the Ohio's best Rx	17893
program, an individual must meet all of the following requirements	17894
at the time of application for the program:	17895

(1) The individual must be a resident of this state.

17896

(2) One of the following must be the case:

17897

(a) The individual has family income, as determined under	17898
rules adopted pursuant to section 173.83 of the Revised Code, that	17899
does not exceed three hundred per cent of the federal poverty	17900
guidelines, as revised annually by the United States department of	17901
health and human services in accordance with section 673(2) of the	17902
"Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	17903
U.S.C. 9902, as amended;	17904

(b) The individual is sixty years of age or older;

17905

(c) The individual is a person with a disability, as defined	17906
in section 173.06 of the Revised Code.	17907

(3) Except as provided in division (B) of this section, the	17908
individual must not have coverage for outpatient drugs paid for in	17909
whole or in part by any of the following:	17910

(a) A third-party payer, including an employer;

17911

(b) The medicaid program;

17912

17913

(d) ~~The disability medical assistance program;~~

17914

~~(e)~~ Another health plan or pharmacy assistance program that	17915
uses state or federal funds to pay part or all of the cost of the	17916
individual's outpatient drugs.	17917

(4) The individual must not have had coverage for outpatient	17918
drugs paid for by any of the entities or programs specified in	17919
division (A)(3) of this section during any of the four months	17920
preceding the month in which the application for the Ohio's best	17921
Rx program is made, unless any of the following applies:	17922

(a) The individual is sixty years of age or older.

17923

(b) The third-party payer, including an employer, that paid	17924
for the coverage filed for bankruptcy under federal bankruptcy	17925
laws.	17926

(c) The individual is no longer eligible for coverage	17927
provided through a retirement plan subject to protection under the	17928
"Employee Retirement Income Security Act of 1974," 88 Stat. 832,	17929
29 U.S.C. 1001, as amended.	17930

(d) The individual is no longer eligible for the medicaid	17931
program,or children's health insurance program~~, or disability~~	17932
~~medical assistance program~~.	17933

(e) The individual is either temporarily or permanently	17934
discharged from employment due to a business reorganization.	17935

(B) An individual is not subject to division (A)(3) of this	17936
section if the individual has coverage for outpatient drugs paid	17937
for in whole or in part by either of the following:	17938

(1) The workers' compensation program;

17939

(2) A medicare prescription drug plan offered pursuant to the	17940
"Medicare Prescription Drug, Improvement, and Modernization Act of	17941
2003," 117 Stat. 2071, 42 U.S.C. 1395w-101, as amended, but only	17942
if all of the following are the case with respect to the	17943
particular drug being purchased through the Ohio's best Rx	17944
program:	17945

(a) The individual is responsible for the full cost of the	17946
drug.	17947

(b) The drug is not subject to a rebate from the manufacturer	17948
under the individual's medicare prescription drug plan.	17949

(c) The manufacturer of the drug has agreed to the Ohio's	17950
best Rx program's inclusion of individuals who have coverage	17951
through a medicare prescription drug plan.	17952

Sec. 173.99. (A) A long-term care provider, person employed	17953
by a long-term care provider, other entity, or employee of such	17954
other entity that violates division (C) of section 173.24 of the	17955
Revised Code is subject to a fine not to exceed one thousand	17956
dollars for each violation.	17957

(B) Whoever violates division (C) of section 173.23 of the	17958
Revised Code is guilty of registering a false complaint, a	17959
misdemeanor of the first degree.	17960

(C) A long-term care provider, other entity, or person	17961
employed by a long-term care provider or other entity that	17962
violates division (E) of section 173.19 of the Revised Code by	17963
denying a representative of the office of the state long-term care	17964
ombudsperson program the access required by that division is	17965
subject to a fine not to exceed five hundred dollars for each	17966
violation.	17967

(D) Whoever violates division (C) of section 173.44 of the	17968
Revised Code is subject to a fine of one hundred dollars.	17969

~~(E) Whoever violates division (B) of section 173.90 of the~~	17970
~~Revised Code is guilty of a misdemeanor of the first degree.~~	17971

Sec. 174.02. (A) The low- and moderate-income housing trust	17972
fund is hereby created in the state treasury. The fund consists of	17973
all appropriations made to the fund, housing trust fund fees	17974
collected by county recorders pursuant to section 317.36 of the	17975
Revised Code and deposited into the fund pursuant to section	17976
319.63 of the Revised Code, and all grants, gifts, loan	17977
repayments, and contributions of money made from any source to the	17978
department of development for deposit in the fund. All investment	17979
earnings of the fund shall be credited to the fund. The director	17980
of development shall allocate a portion of the money in the fund	17981
to an account of the Ohio housing finance agency. The department	17982
shall administer the fund. The agency shall use money allocated to	17983
it for implementing and administering its programs and duties	17984
under sections 174.03 and 174.05 of the Revised Code, and the	17985
department shall use the remaining money in the fund for	17986
implementing and administering its programs and duties under	17987
sections 174.03 to 174.06 of the Revised Code. Use of all money	17988
drawn from the fund is subject to the following restrictions:	17989

(1) ~~Not more than six per cent of any current year~~	17990
~~appropriation authority for the fund shall be used for the~~	17991
~~transitional and permanent housing program to make grants to~~	17992
~~municipal corporations, counties, townships, and nonprofit~~	17993
~~organizations for the acquisition, rehabilitation, renovation,~~	17994
~~construction, conversion, operation, and cost of supportive~~	17995
~~services for new and existing transitional and permanent housing~~	17996
~~for homeless persons.~~	17997

~~(2)~~(a) Not more than five per cent of the current year	17998
appropriation authority for the fund shall be allocated between	17999
grants to community development corporations for the community	18000
development corporation grant program and grants and loans to the	18001
Ohio community development finance fund, a private nonprofit	18002
corporation.	18003

(b) In any year in which the amount in the fund exceeds one	18004
hundred thousand dollars and at least that much is allocated for	18005
the uses described in this section, not less than one hundred	18006
thousand dollars shall be used to provide training, technical	18007
assistance, and capacity building assistance to nonprofit	18008
development organizations.	18009

~~(3)~~(2) Not more than ~~seven~~ten per cent of any current year	18010
appropriation authority for the fund shall be used for the	18011
emergency shelter housing grants program to make grants to	18012
private, nonprofit organizations and municipal corporations,	18013
counties, and townships for emergency shelter housing for the	18014
homeless and emergency shelter facilities serving unaccompanied	18015
youth seventeen years of age and younger. The grants shall be	18016
distributed pursuant to rules the director adopts and qualify as	18017
matching funds for funds obtained pursuant to the McKinney Act,	18018
101 Stat. 85 (1987), 42 U.S.C.A. 11371 to 11378.	18019

~~(4)~~(3) In any fiscal year in which the amount in the fund	18020
exceeds the amount awarded pursuant to division (A)~~(2)~~(1)(b) of	18021
this section by at least two hundred fifty thousand dollars, at	18022
least two hundred fifty thousand dollars from the fund shall be	18023
provided to the department of aging for the resident services	18024
coordinator program as established in section 173.08 of the	18025
Revised Code.	18026

~~(5)~~(4) Of all current year appropriation authority for the	18027
fund, not more than five per cent shall be used for	18028
administration.	18029

~~(6)~~(5) Not less than forty-five per cent of the funds awarded	18030
during any one fiscal year shall be for grants and loans to	18031
nonprofit organizations under section 174.03 of the Revised Code.	18032

~~(7)~~(6) Not less than fifty per cent of the funds awarded	18033
during any one fiscal year, excluding the amounts awarded pursuant	18034
to divisions (A)(1), (2), and ~~(3)~~(7) of this section, shall be	18035
for grants and loans for activities that provide housing and	18036
housing assistance to families and individuals in rural areas and	18037
small cities that are not eligible to participate as a	18038
participating jurisdiction under the "HOME Investment Partnerships	18039
Act," 104 Stat. 4094 (1990), 42 U.S.C. 12701 note, 12721.	18040

~~(8)~~(7) No money in the fund shall be used to pay for any	18041
legal services other than the usual and customary legal services	18042
associated with the acquisition of housing.	18043

~~(9)~~(8) Money in the fund may be used as matching money for	18044
federal funds received by the state, counties, municipal	18045
corporations, and townships for the activities listed in section	18046
174.03 of the Revised Code.	18047

(B) If, after the second quarter of any year, it appears to	18048
the director that the full amount of the money in the fund	18049
designated in that year for activities that provide housing and	18050
housing assistance to families and individuals in rural areas and	18051
small cities under division (A) of this section will not be used	18052
for that purpose, the director may reallocate all or a portion of	18053
that amount for other housing activities. In determining whether	18054
or how to reallocate money under this division, the director may	18055
consult with and shall receive advice from the housing trust fund	18056
advisory committee.	18057

Sec. 174.03. (A) The department of development and the Ohio	18058
housing finance agency shall each develop programs under which, in	18059
accordance with rules adopted under this section, they may make	18060
grants, loans, loan guarantees, and loan subsidies to counties,	18061
municipal corporations, townships, local housing authorities, and	18062
nonprofit organizations and may make loans, loan guarantees, and	18063
loan subsidies to private developers and private lenders to assist	18064
in activities that provide housing and housing assistance for	18065
specifically targeted low- and moderate-income families and	18066
individuals. There is no minimum housing project size for awards	18067
under this division for any project that is developed for a	18068
special needs population and that is supported by a social service	18069
agency where the housing project is located. Activities for which	18070
grants, loans, loan guarantees, and loan subsidies may be made	18071
under this section include all of the following:	18072

(1) Acquiring, financing, constructing, leasing,	18073
rehabilitating, remodeling, improving, and equipping publicly or	18074
privately owned housing;	18075

(2) Providing supportive services related to housing and the	18076
homeless, including housing counseling. Not more than twenty per	18077
cent of the current year appropriation authority for the low- and	18078
moderate-income housing trust fund that remains after the award of	18079
funds made pursuant to divisions (A)(1),and (A)(2)~~, and (A)(3)~~ of	18080
section 174.02 of the Revised Code, shall be awarded in any fiscal	18081
year for supportive services.	18082

(3) Providing rental assistance payments or other project	18083
operating subsidies that lower tenant rents;	18084

(4) Improving the quality of life of tenants by providing	18085
education for tenants and residents of manufactured home	18086
communities regarding their rights and responsibilities, planning	18087
and implementing activities designed to improve conflict	18088
resolution and the capacity of tenants to negotiate and mediate	18089
with landlords, and developing tenant and resident councils and	18090
organizations;	18091

(5) Promoting capacity building initiatives related to the	18092
creation of county housing trust funds.	18093

(B) ~~Activities listed under division (A) of this section may~~	18094
~~include emergency shelter care programs for unaccompanied youth~~	18095
~~seventeen years of age and younger.~~	18096

~~(C)~~ Grants, loans, loan guarantees, and loan subsidies may be	18097
made to counties, municipal corporations, townships, and nonprofit	18098
organizations for the additional purposes of providing technical	18099
assistance, design and finance services and consultation, and	18100
payment of pre-development and administrative costs related to any	18101
of the activities listed above.	18102

~~(D)~~(C) In developing programs under this section, the	18103
department and the agency shall invite, accept, and consider	18104
public comment, and recommendations from the housing trust fund	18105
advisory committee created under section 174.06 of the Revised	18106
Code, on how the programs should be designed to most effectively	18107
benefit low- and moderate-income families and individuals. The	18108
programs developed under this section shall respond collectively	18109
to housing and housing assistance needs of low- and	18110
moderate-income families and individuals statewide.	18111

~~(E)~~(D) The department and the agency, in accordance with	18112
Chapter 119. of the Revised Code, shall each adopt rules to	18113
administer programs developed under this section. The rules shall	18114
prescribe procedures and forms that counties, municipal	18115
corporations, townships, local housing authorities, and nonprofit	18116
organizations shall use in applying for grants, loans, loan	18117
guarantees, and loan subsidies and that private developers and	18118
private lenders shall use in applying for loans, loan guarantees,	18119
and loan subsidies; eligibility criteria for the receipt of funds;	18120
procedures for reviewing and granting or denying applications;	18121
procedures for paying out funds; conditions on the use of funds;	18122
procedures for monitoring the use of funds; and procedures under	18123
which a recipient shall be required to repay funds that are	18124
improperly used. The rules shall do both of the following:	18125

(1) Require each recipient of a grant or loan made from the	18126
low- and moderate-income housing trust fund for activities that	18127
provide, or assist in providing, a rental housing project, to	18128
reasonably ensure that the rental housing project will remain	18129
affordable to those families and individuals targeted for the	18130
rental housing project for the useful life of the rental housing	18131
project or for thirty years, whichever is longer;	18132

(2) Require each recipient of a grant or loan made from the	18133
low- and moderate-income housing trust fund for activities that	18134
provide, or assist in providing, a housing project to prepare and	18135
implement a plan to reasonably assist any families and individuals	18136
displaced by the housing project in obtaining decent affordable	18137
housing.	18138

~~(F)~~(E) In prescribing eligibility criteria and conditions	18139
for the use of funds, neither the department nor the agency is	18140
limited to the criteria and conditions specified in this section	18141
and each may prescribe additional eligibility criteria and	18142
conditions that relate to the purposes for which grants, loans,	18143
loan guarantees, and loan subsidies may be made. However, the	18144
department and agency are limited by the following specifically	18145
targeted low- and moderate-income guidelines:	18146

(1) Not less than seventy-five per cent of the money granted	18147
and loaned under this section in any fiscal year shall be for	18148
activities that provide affordable housing and housing assistance	18149
to families and individuals whose incomes are equal to or less	18150
than fifty per cent of the median income for the county in which	18151
they live, as determined by the department under section 174.04	18152
of the Revised Code.	18153

(2) Any money granted and loaned under this section in any	18154
fiscal year that is not granted or loaned pursuant to division	18155
(F)(1) of this section shall be for activities that provide	18156
affordable housing and housing assistance to families and	18157
individuals whose incomes are equal to or less than eighty per	18158
cent of the median income for the county in which they live, as	18159
determined by the department under section 174.04 of the Revised	18160
Code.	18161

~~(G)~~(F) In making grants, loans, loan guarantees, and loan	18162
subsidies under this section, the department and the agency shall	18163
give preference to viable projects and activities that benefit	18164
those families and individuals whose incomes are equal to or less	18165
than thirty-five per cent of the median income for the county in	18166
which they live, as determined by the department under section	18167
174.04 of the Revised Code.	18168

~~(H)~~(G) The department and the agency shall monitor the	18169
programs developed under this section to ensure that money	18170
granted and loaned under this section is not used in a manner	18171
that violates division (H) of section 4112.02 of the Revised	18172
Code or discriminates against families with children.	18173

Sec. 174.06. (A) There is hereby created the housing trust	18174
fund advisory committee. The committee consists of fourteen	18175
members the governor appoints as follows to represent	18176
organizations committed to housing and housing assistance for low-	18177
and moderate-income persons:	18178

(1) One member to represent lenders.

18179

(2) One member to represent for-profit builders and	18180
developers.	18181

(3) One member to represent the families and individuals	18182
included in the income groups targeted for housing and housing	18183
assistance under divisions (E) and (F) ~~and (G)~~ of section 174.03	18184
of the Revised Code.	18185

(4) One member to represent religious, civic, or social	18186
service organizations.	18187

(5) One member to represent counties.

18188

(6) One member to represent municipal corporations.

18189

(7) One member to represent townships.

18190

(8) One member to represent local housing authorities.

18191

(9) One member to represent fair housing organizations.

18192

(10) Three members to represent nonprofit organizations.

18193

(11) One member to represent real estate brokers licensed	18194
under Chapter 4735. of the Revised Code.	18195

(12) One member to represent the for-profit rental housing	18196
industry.	18197

(B)(1) Terms of office are for four years, with each term	18198
ending on the same day of the same month as did the term that it	18199
succeeds. Each member shall hold office from the date of	18200
appointment until the end of the term for which the member was	18201
appointed. Vacancies shall be filled in the manner prescribed for	18202
the original appointment. A member appointed to fill a vacancy	18203
occurring prior to the expiration of a term shall hold office for	18204
the remainder of that term. A member shall continue in office	18205
subsequent to the expiration of a term until a successor takes	18206
office or until a period of sixty days has elapsed, whichever	18207
occurs first.	18208

(2) The governor may remove a member for misfeasance,	18209
malfeasance, or willful neglect of duty.	18210

(C)(1) The committee shall select a chairperson from among	18211
its members. The committee shall meet at least once each calendar	18212
year and upon the call of the chair. Members of the committee	18213
serve without compensation, but shall be reimbursed for reasonable	18214
and necessary expenses incurred in the discharge of duties.	18215

(2) The department of development shall provide the committee	18216
with a meeting place, supplies, and staff assistance as the	18217
committee requests.	18218

(D) The committee shall assist the department and the Ohio	18219
housing finance agency in defining housing needs and priorities,	18220
recommend to the department and agency at least annually how the	18221
programs developed under section 174.02 of the Revised Code should	18222
be designed to most effectively benefit low- and moderate-income	18223
persons, consider an allocation of funds for projects of fifteen	18224
units or less, and advise the director of development on whether	18225
and how to reallocate money in the low- and moderate-income	18226
housing trust fund under division (B) of section 174.02 of the	18227
Revised Code.	18228

Sec. 175.01. As used in ~~this chapter~~sections 175.01 to	18229
175.13 of the Revised Code:	18230

(A) "Bonds" means bonds, notes, debentures, refunding bonds,	18231
refunding notes, and other obligations.	18232

(B) "Down payment assistance" means monetary assistance for	18233
down payment closing costs, and pre-paid expenses directly related	18234
to the purchase of a home.	18235

(C) "Financial assistance" means grants, loans, loan	18236
guarantees, an equity position in a project, and loan subsidies.	18237

~~(C)~~(D) "Grant" means funding for which repayment is not	18238
required.	18239

~~(D)~~(E) "Homeownership program" means any program for which	18240
the Ohio housing finance agency provides financing, directly or	18241
indirectly, for the purchase of housing for owner-occupancy.	18242

~~(E)~~(F) "Housing" means housing for owner-occupancy and	18243
multifamily rental housing.	18244

~~(F)~~(G) "Housing development fund" means the housing	18245
development fund created and administered pursuant to section	18246
175.11 of the Revised Code.	18247

~~(G)~~(H) "Housing finance agency personal services fund" means	18248
the housing finance agency personal services fund created and	18249
administered pursuant to section 175.051 of the Revised Code.	18250

~~(H)~~(I) "Housing for owner-occupancy" means housing that is	18251
intended for occupancy by an owner as a principal residence.	18252
"Housing for owner-occupancy" may be any type of structure and may	18253
be owned in any form of ownership.	18254

~~(I)~~(J) "Housing trust fund" means the low- and	18255
moderate-income housing trust fund created and administered	18256
pursuant to Chapter 174. of the Revised Code.	18257

~~(J)~~(K) "Improvement" means any alteration, remodeling,	18258
addition, or repair that substantially protects or improves the	18259
basic habitability or energy efficiency of housing.	18260

~~(K)~~(L) "Lending institution" means any financial institution	18261
qualified to conduct business in this state, a subsidiary	18262
corporation that is wholly owned by a financial institution	18263
qualified to conduct business in this state, and a mortgage lender	18264
whose regular business is originating, servicing, or brokering	18265
real estate loans and who is qualified to do business in this	18266
state.	18267

~~(L)~~(M) "Loan" means any extension of credit or other form of	18268
financing or indebtedness extended directly or indirectly to a	18269
borrower with the expectation that it will be repaid in accordance	18270
with the terms of the underlying loan agreement or other pertinent	18271
document. "Loan" includes financing the Ohio housing finance	18272
agency extends to lending institutions and indebtedness the agency	18273
purchases from lending institutions.	18274

~~(M)~~(N) "Loan guarantee" means any agreement in favor of a	18275
lending institution, bondholder, or other lender in which the	18276
credit and resources of the housing finance agency or the housing	18277
trust fund are pledged to secure the payment or collection of	18278
financing extended to a borrower for the acquisition,	18279
construction, improvement, rehabilitation, or preservation of	18280
housing or to refinance any financing previously extended for	18281
those purposes.	18282

~~(N)~~(O) "Loan subsidy" means any deposit of funds the Ohio	18283
housing finance agency holds or administers into a lending	18284
institution with the authorization or direction that the income or	18285
revenues the deposit earns, or could have earned at competitive	18286
rates, be applied directly or indirectly to the benefit of housing	18287
assistance or financial assistance.	18288

~~(O)~~(P) "Low- and moderate-income persons" means individuals	18289
and families who qualify as low- and moderate-income persons	18290
pursuant to guidelines the agency establishes.	18291

~~(P)~~(Q) "Multifamily rental housing" means multiple unit	18292
housing intended for rental occupancy.	18293

~~(Q)~~(R) "Nonprofit organization" means a nonprofit	18294
organization in good standing and qualified to conduct business	18295
in this state including any corporation whose members are	18296
members of a metropolitan housing authority.	18297

~~(R)~~(S) "Owner" means any person who, jointly or severally,	18298
has legal or equitable title to housing together with the right	18299
to control or possess that housing. "Owner" includes a purchaser	18300
of housing pursuant to a land installment contract if that	18301
contract vests possession and maintenance responsibilities in	18302
the purchaser, and a person who has care or control of housing	18303
as executor, administrator, assignee, trustee, or guardian of the	18304
estate of the owner of that housing.	18305

~~(S)~~(T) "Security interest" means any lien, encumbrance,	18306
pledge, assignment, mortgage, or other form of collateral the	18307
Ohio housing finance agency holds as security for financial	18308
assistance the agency extends or a loan the agency acquires.	18309

Sec. 175.052. The Ohio housing finance agency, in providing	18310
homeownership program assistance, shall give preference to grants	18311
or loans for activities that provide housing and housing	18312
assistance to honorably discharged veterans.	18313

Sec. 175.30. As used in sections 175.30 to 175.32 of the	18314
Revised Code:	18315

(A) "First home" or "home" means the first residential real	18316
property located in this state to be purchased by a recipient who	18317
has not owned or had an ownership interest in a principal	18318
residence in the three years prior to the purchase.	18319

(B) "Graduate" means an individual who has graduated from an	18320
institution of higher education and who is eligible under division	18321
(B) of section 175.31 of the Revised Code to apply for a grant,	18322
financial assistance, or down payment assistance awarded under	18323
the grants for grads program.	18324

(C) "Institution of higher education" means a state	18325
university or college located in this state, a private college or	18326
university located in this state that possesses a certificate of	18327
authorization issued by the Ohio board of regents under Chapter	18328
1713. of the Revised Code, or an accredited college or university	18329
located outside this state that is accredited by an accrediting	18330
organization or professional accrediting association recognized by	18331
the Ohio board of regents.	18332

(D) "Ohio resident" means any of the following:

18333

(1) An individual who was a resident of this state at the	18334
time of the individual's graduation from an Ohio public or	18335
nonpublic high school that is approved by the state board of	18336
education, and who is a resident of this state at the time of	18337
applying for the program;	18338

(2) An individual who was a resident of this state at the	18339
time of completing, through the twelfth-grade level, a home study	18340
program approved by the state board of education, and who is a	18341
resident of this state at the time of applying for the program;	18342

(3) An individual whose parent was a resident of this state	18343
at the time of the individual's graduation from high school, and	18344
who graduated from either of the following:	18345

(a) An out-of-state high school that was accredited by a	18346
regional accrediting organization recognized by the United States	18347
department of education and met standards at least equivalent to	18348
those adopted by the state board of education for approval of	18349
nonpublic schools in this state;	18350

(b) A high school approved by the United States department of	18351
defense.	18352

(E) "Program" means the grants for grads program created	18353
under section 175.31 of the Revised Code.	18354

(F) "Recipient" means an individual who has been awarded a	18355
grant or has received financial assistance or down payment	18356
assistance under the program.	18357

Sec. 175.31. (A) There is hereby created the grants for grads	18358
program for the purpose of providing grants or other financial	18359
assistance or down payment assistance to Ohio residents who have	18360
received an associate, baccalaureate, master's, doctoral, or	18361
other postgraduate degree, which grants or assistance shall be	18362
used by a recipient to pay for the down payment or closing costs	18363
on the purchase of a first home. The program shall be	18364
administered by the Ohio housing finance agency using moneys	18365
available to it. The program shall not be subject to the income	18366
limits established by the agency under section 175.05 of the	18367
Revised Code. Participation in the program shall require a	18368
graduate to be eligible under division (B) of this section.	18369

(B)(1) A graduate is eligible to participate in the program	18370
if the graduate:	18371

(a) Is an Ohio resident who has received an associate,	18372
baccalaureate, master's, doctoral, or other postgraduate degree	18373
from an institution of higher education within the eighteen months	18374
immediately preceding the date of application for the program;	18375

(b) Is able to provide to the agency evidence documenting the	18376
graduate's Ohio residency and documenting graduation from a high	18377
school and an institution of higher education;	18378

(c) Intends to live and work in this state for at least five	18379
years after the graduate's graduation or completion of a degree	18380
described in division (B)(1)(a) of this section; and	18381

(d) Intends to purchase a first home in this state.

18382

(2) A graduate who is married to an individual who has	18383
previously received a grant or financial assistance or downpayment	18384
assistance under the program is ineligible to apply for a grant	18385
or assistance under this section.	18386

(C) A graduate who has been found by the state to be	18387
delinquent in the payment of individual income taxes is	18388
ineligible to receive a grant or other assistance under the	18389
program.	18390

(D) A graduate who is eligible for the program shall receive	18391
down payment assistance and a reduction in the interest rate of	18392
the mortgage offered by the Ohio housing finance agency.	18393

(E) The down payment assistance shall be provided to the	18394
recipient when the recipient obtains a qualifying mortgage loan	18395
through a participating lender in the agency's first time home	18396
buyer program.	18397

Sec. 175.32. (A)(1) At the time a first home is purchased	18398
under the program, the Ohio housing finance agency shall secure	18399
the amount of the down payment assistance by a lien on the home	18400
for a period of five years. Such lien shall attach, and may be	18401
perfected, collected, and enforced in the same manner as a	18402
mortgage lien on the home, and shall otherwise have the same	18403
force and effect as a mortgage lien, except that it shall be	18404
subordinate to a mortgage lien securing any money loaned by a	18405
financial institution for the purchase of the home.	18406

(2) If the agency finds that a recipient failed to comply	18407
with the first home ownership criteria in division (A) of	18408
section 175.30 of the Revised Code, or otherwise used fraudulent	18409
information to obtain down payment assistance, the agency shall	18410
enforce the lien.	18411

(B)(1) If a recipient becomes a resident of another state and	18412
does not reside at least five years in a first home purchased with	18413
down payment assistance awarded under the program, the amount of	18414
the lien created in division (A) of this section that may be	18415
collected shall be determined as follows:	18416

Months resided in first home	Collectable amount as per cent of down payment assistance	18417
Less than 12 months	100%	18418
12 months and a day to 24 months	80%	18419
24 months and a day to 36 months	60%	18420
36 months and a day to 48 months	40%	18421
48 months and a day to 60 months	20%	18422

The lien created under division (A) of this section shall be	18423
extinguished upon collection pursuant to this division.	18424

(2) A lien created under division (A)(1) of this section	18425
shall be extinguished if the recipient, within the five-year	18426
period, moves to another residence located in this state.	18427

Sec. 176.05. (A)(1) Notwithstanding any provision of law to	18428
the contrary, the rate of wages payable for the various	18429
occupations covered by sections 4115.03 to 4115.16 of the Revised	18430
Code to persons employed on a project who are not any of the	18431
following shall be determined according to this section:	18432

(a) Qualified volunteers;

18433

(b) Persons required to participate in a work activity,	18434
developmental activity, or alternative work activity under	18435
sections 5107.40 to 5107.69 of the Revised Code except those	18436
engaged in paid employment or subsidized employment pursuant to	18437
the activity;	18438

(c) ~~Food stamp~~Supplemental nutrition assistance program	18439
benefit recipients required to participate in employment and	18440
training activities established by rules adopted under section	18441
5101.54 of the Revised Code.	18442

An association representing the general contractors or	18443
subcontractors that engage in the business of residential	18444
construction in a certain locality shall negotiate with the	18445
applicable building and construction trades council in that	18446
locality an agreement or understanding that sets forth the	18447
residential prevailing rate of wages, payable on projects in that	18448
locality, for each of the occupations employed on those projects.	18449

(2) Notwithstanding any residential prevailing rate of wages	18450
established prior to July 1, 1995, if, by October 1, 1995, the	18451
parties are unable to agree under division (A)(1) of this section	18452
as to the rate of wages payable for each occupation covered by	18453
sections 4115.03 to 4115.16 of the Revised Code, the director of	18454
commerce shall establish the rate of wages payable for each	18455
occupation.	18456

(3) The residential prevailing rate of wages established	18457
under division (A)(1) or (2) of this section shall not be equal to	18458
or greater than the prevailing rate of wages determined by the	18459
director pursuant to sections 4115.03 to 4115.16 of the Revised	18460
Code for any of the occupations covered by those sections.	18461

(B) Except for the prevailing rate of wages determined by the	18462
director pursuant to sections 4115.03 to 4115.16 of the Revised	18463
Code, those sections and section 4115.99 of the Revised Code apply	18464
to projects.	18465

(C) The residential prevailing rate of wages established	18466
under division (A) of this section is not payable to any	18467
individual or member of that individual's family who provides	18468
labor in exchange for acquisition of the property for	18469
homeownership or who provides labor in place of or as a supplement	18470
to any rental payments for the property.	18471

(D) For the purposes of this section:

18472

(1) "Project" means any construction, rehabilitation,	18473
remodeling, or improvement of residential housing, whether on a	18474
single or multiple site for which a person, as defined in section	18475
1.59 of the Revised Code, or municipal corporation, county, or	18476
township receives financing, that is financed in whole or in part	18477
from state moneys or pursuant to this chapter, section 133.51 or	18478
307.698 of the Revised Code, or Chapter 174. or 175. of the	18479
Revised Code, except for any of the following:	18480

(a) The single-family mortgage revenue bonds homeownership	18481
program under Chapter 175. of the Revised Code, including	18482
owner-occupied dwellings of one to four units;	18483

(b) Projects consisting of fewer than six units developed by	18484
any entity that is not a nonprofit organization exempt from	18485
federal income tax under section 501(c)(3) of the Internal Revenue	18486
Code;	18487

(c) Projects of fewer than twenty-five units developed by any	18488
nonprofit organization that is exempt from federal income tax	18489
under section 501(c)(3) of the Internal Revenue Code;	18490

(d) Programs undertaken by any municipal corporation, county,	18491
or township, including lease-purchase programs, using mortgage	18492
revenue bond financing;	18493

(e) Any individual project, that is sponsored or developed by	18494
a nonprofit organization that is exempt from federal income tax	18495
under section 501(c)(3) of the Internal Revenue Code, for which	18496
the federal government or any of its agencies furnishes by loan,	18497
grant, low-income housing tax credit, or insurance more than	18498
twelve per cent of the costs of the project. For purposes of	18499
division (D)(2)(e) of this section, the value of the low-income	18500
housing tax credits shall be calculated as the proceeds from the	18501
sale of the tax credits, less the costs of the sale.	18502

As used in division (D)(1)(e) of this section, "sponsored"	18503
means that a general partner of a limited partnership owning the	18504
project or a managing member of a limited liability company owning	18505
the project is either a nonprofit organization that is exempt from	18506
federal income tax under section 501(c)(3) of the Internal Revenue	18507
Code or a person, as defined in section 1.59 of the Revised Code,	18508
or a limited liability company in which such a nonprofit	18509
organization maintains controlling interest. For purposes of this	18510
division, a general partner of a limited partnership that is a	18511
nonprofit organization described under this division is not	18512
required to be the sole general partner in the limited	18513
partnership, and a managing member of a limited liability company	18514
that is a nonprofit organization described under this division is	18515
not required to be the sole managing member in the limited	18516
liability company.	18517

Nothing in division (D)(1)(e) of this section shall be	18518
construed as permitting unrelated projects to be combined for the	18519
sole purpose of determining the total percentage of project costs	18520
furnished by the federal government or any of its agencies.	18521

(2) A "project" is a "public improvement" and the state or a	18522
political subdivision that undertakes or participates in the	18523
financing of a project is a "public authority," as both of the	18524
last two terms are defined in section 4115.03 of the Revised Code.	18525

(3) "Qualified volunteers" are volunteers who are working	18526
without compensation for a nonprofit organization that is exempt	18527
from federal income tax under section 501(c)(3) of the Internal	18528
Revenue Code, and that is providing housing or housing assistance	18529
only to families and individuals in a county whose incomes are not	18530
greater than one hundred forty per cent of the median income of	18531
that county as determined under section 174.04 of the Revised	18532
Code.	18533

Sec. 303.213. (A) As used in this section, "small wind farm"	18534
means wind turbines and associated facilities ~~that are~~	18535
~~interconnected with a medium voltage power collection system and~~	18536
~~communications network and are~~with a single interconnection to	18537
the electrical grid and designed for, or capable of, operation at	18538
an aggregate capacity of less than five megawatts.	18539

(B) Notwithstanding division (A) of section 303.211 of the	18540
Revised Code, sections 303.01 to 303.25 of the Revised Code confer	18541
power on a board of county commissioners or board of zoning	18542
appeals to adopt zoning regulations governing the location,	18543
erection, construction, reconstruction, change, alteration,	18544
maintenance, removal, use, or enlargement of any small wind farm,	18545
whether publicly or privately owned, or the use of land for that	18546
purpose, which regulations may be more strict than the regulations	18547
prescribed in rules adopted under division (C)(2) of section	18548
4906.20 of the Revised Code.	18549

(C) The designation under this section of a small wind farm	18550
as a public utility for purposes of sections 303.01 to 303.25 of	18551
the Revised Code shall not affect the classification of a small	18552
wind farm for purposes of state or local taxation.	18553

(D) Nothing in division (C) of this section shall be	18554
construed as affecting the classification of a telecommunications	18555
tower as defined in division (B) or (E) of section 303.211 of the	18556
Revised Code or any other public utility for purposes of state and	18557
local taxation.	18558

Sec. 305.20. For purposes of a statute or regulation that	18559
requires a county to publish a notice, advertisement, list, or	18560
other information more than once in a newspaper of general	18561
circulation, the second and subsequent publications are satisfied	18562
by posting the notice, advertisement, list, or other information	18563
on the county's internet web site if the first newspaper	18564
publication meets all the following conditions:	18565

(A) It states that the notice, advertisement, list, or other	18566
information is posted on the county's internet web site;	18567

(B) It includes the county's internet address on the world	18568
wide web; and	18569

(C) It includes instructions for accessing the notice,	18570
advertisement, list, or other information on the county's internet	18571
web site.	18572

A notice, advertisement, list, or other information posted on	18573
a county's internet web site shall provide the same information as	18574
does the newspaper publication of the notice, advertisement, list,	18575
or other information except that the conditions outlined in	18576
divisions (A) to (C) of this section do not need to be included.	18577

If a county does not operate and maintain, or ceases to	18578
operate and maintain, an internet web site, the county is not	18579
entitled to publish a notice, advertisement, list, or other	18580
information under this section and shall comply with the statutory	18581
publication requirements that otherwise apply to the notice,	18582
advertisement, list, or other information.	18583

For purposes of this section, "county" means a board of	18584
county commissioners, a county elected official, or any	18585
contracting authority as defined in section 307.92 of the Revised	18586
Code.	18587

Sec. 307.626. (A) By the first day of April of each year,	18588
the person convening the child fatality review board shall prepare	18589
and submit to the Ohio department of health a report that ~~includes~~	18590
~~all of~~summarizes the following information with respect to ~~each~~	18591
the child ~~death~~deaths that ~~was~~were reviewed by the review board	18592
in the previous calendar year:	18593

(1) The cause of death;

18594

(2) Factors contributing to death;

18595

(3) Age;

18596

(4) Sex;

18597

(5) Race;

18598

(6) The geographic location of death;

18599

(7) The year of death.

18600

The report shall specify the number of child deaths that ~~have~~	18601
~~not been reviewed since the effective date of this section~~were	18602
not reviewed during the previous calendar year.	18603

The report may include recommendations for actions that might	18604
prevent other deaths, as well as any other information the review	18605
board determines should be included.	18606

(B) Reports prepared under division (A) of this section shall	18607
be considered public records under section 149.43 of the Revised	18608
Code.	18609

(C) The child fatality review board shall submit individual	18610
data with respect to each child death review into the Ohio	18611
department of health child death review database or the national	18612
child death review database. The individual data shall include the	18613
information specified in division (A) of this section and any	18614
other information the board considers relevant to the review.	18615
Individual data related to a child death review that is contained	18616
in the Ohio department of health child death review database is	18617
not a public record under section 149.43 of the Revised Code.	18618

Sec. 307.629. (A) Except as provided in sections 5153.171 to	18619
5153.173 of the Revised Code, any information, document, or report	18620
presented to a child fatality review board, all statements made by	18621
review board members during meetings of the review board, ~~and~~ all	18622
work products of the review board, and child fatality review data	18623
submitted by the child fatality review board to the department of	18624
health or a national child death review database, other than the	18625
report prepared pursuant to division (A) of section 307.626 of the	18626
Revised Code, are confidential and shall be used by the review	18627
board ~~and~~, its members, and the department of health only in the	18628
exercise of the proper functions of the review board and the	18629
department.	18630

(B) No person shall permit or encourage the unauthorized	18631
dissemination of the confidential information described in	18632
division (A) of this section.	18633

(C) Whoever violates division (B) of this section is guilty	18634
of a misdemeanor of the second degree.	18635

Sec. 307.79. (A) The board of county commissioners may	18636
adopt, amend, and rescind rules establishing technically feasible	18637
and economically reasonable standards to achieve a level of	18638
management and conservation practices that will abate wind or	18639
water erosion of the soil or abate the degradation of the waters	18640
of the state by soil sediment in conjunction with land grading,	18641
excavating, filling, or other soil disturbing activities on land	18642
used or being developed for nonfarm commercial, industrial,	18643
residential, or other nonfarm purposes, and establish criteria for	18644
determination of the acceptability of those management and	18645
conservation practices. The rules shall be designed to implement	18646
the applicable areawide waste treatment management plan prepared	18647
under section 208 of the "Federal Water Pollution Control Act," 86	18648
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement	18649
phase II of the storm water program of the national pollutant	18650
discharge elimination system established in 40 C.F.R. Part 122.	18651
The rules to implement phase II of the storm water program of the	18652
national pollutant discharge elimination system shall not be	18653
inconsistent with, more stringent than, or broader in scope than	18654
the rules or regulations adopted by the environmental protection	18655
agency under 40 C.F.R. Part 122. The rules adopted under this	18656
section shall not apply inside the limits of municipal	18657
corporations or the limits of townships with a limited home rule	18658
government that have adopted rules under section 504.21 of the	18659
Revised Code, to lands being used in a strip mine operation as	18660
defined in section 1513.01 of the Revised Code, or to land being	18661
used in a surface mine operation as defined in section 1514.01 of	18662
the Revised Code.	18663

The rules adopted under this section may require persons to	18664
file plans governing erosion control, sediment control, and water	18665
management before clearing, grading, excavating, filling, or	18666
otherwise wholly or partially disturbing one or more contiguous	18667
acres of land owned by one person or operated as one development	18668
unit for the construction of nonfarm buildings, structures,	18669
utilities, recreational areas, or other similar nonfarm uses. If	18670
the rules require plans to be filed, the rules shall do all of the	18671
following:	18672

(1) Designate the board itself, its employees, or another	18673
agency or official to review and approve or disapprove the plans;	18674

(2) Establish procedures and criteria for the review and	18675
approval or disapproval of the plans;	18676

(3) Require the designated entity to issue a permit to a	18677
person for the clearing, grading, excavating, filling, or other	18678
project for which plans are approved and to deny a permit to a	18679
person whose plans have been disapproved;	18680

(4) Establish procedures for the issuance of the permits;

18681

(5) Establish procedures under which a person may appeal the	18682
denial of a permit.	18683

Areas of less than one contiguous acre shall not be exempt	18684
from compliance with other provisions of this section or rules	18685
adopted under this section. The rules adopted under this section	18686
may impose reasonable filing fees for plan review, permit	18687
processing, and field inspections.	18688

No permit or plan shall be required for a public highway,	18689
transportation, or drainage improvement or maintenance project	18690
undertaken by a government agency or political subdivision in	18691
accordance with a statement of its standard sediment control	18692
policies that is approved by the board or the chief of the	18693
division of soil and water ~~conservation~~resources in the	18694
department of natural resources.	18695

(B) Rules or amendments may be adopted under this section	18696
only after public hearings at not fewer than two regular sessions	18697
of the board. The board of county commissioners shall cause to be	18698
published, in a newspaper of general circulation in the county,	18699
notice of the public hearings, including time, date, and place,	18700
once a week for two weeks immediately preceding the hearings. The	18701
proposed rules or amendments shall be made available by the board	18702
to the public at the board office or other location indicated in	18703
the notice. The rules or amendments shall take effect on the	18704
thirty-first day following the date of their adoption.	18705

(C) The board of county commissioners may employ personnel to	18706
assist in the administration of this section and the rules adopted	18707
under it. The board also, if the action does not conflict with the	18708
rules, may delegate duties to review sediment control and water	18709
management plans to its employees, and may enter into agreements	18710
with one or more political subdivisions, other county officials,	18711
or other government agencies, in any combination, in order to	18712
obtain reviews and comments on plans governing erosion control,	18713
sediment control, and water management or to obtain other services	18714
for the administration of the rules adopted under this section.	18715

(D) The board of county commissioners or any duly authorized	18716
representative of the board may, upon identification to the owner	18717
or person in charge, enter any land upon obtaining agreement with	18718
the owner, tenant, or manager of the land in order to determine	18719
whether there is compliance with the rules adopted under this	18720
section. If the board or its duly authorized representative is	18721
unable to obtain such an agreement, the board or representative	18722
may apply for, and a judge of the court of common pleas for the	18723
county where the land is located may issue, an appropriate	18724
inspection warrant as necessary to achieve the purposes of this	18725
chapter.	18726

(E)(1) If the board of county commissioners or its duly	18727
authorized representative determines that a violation of the rules	18728
adopted under this section exists, the board or representative may	18729
issue an immediate stop work order if the violator failed to	18730
obtain any federal, state, or local permit necessary for sediment	18731
and erosion control, earth movement, clearing, or cut and fill	18732
activity. In addition, if the board or representative determines	18733
such a rule violation exists, regardless of whether or not the	18734
violator has obtained the proper permits, the board or	18735
representative may authorize the issuance of a notice of	18736
violation. If, after a period of not less than thirty days has	18737
elapsed following the issuance of the notice of violation, the	18738
violation continues, the board or its duly authorized	18739
representative shall issue a second notice of violation. Except as	18740
provided in division (E)(3) of this section, if, after a period of	18741
not less than fifteen days has elapsed following the issuance of	18742
the second notice of violation, the violation continues, the board	18743
or its duly authorized representative may issue a stop work order	18744
after first obtaining the written approval of the prosecuting	18745
attorney of the county if, in the opinion of the prosecuting	18746
attorney, the violation is egregious.	18747

Once a stop work order is issued, the board or its duly	18748
authorize representative shall request, in writing, the	18749
prosecuting attorney of the county to seek an injunction or other	18750
appropriate relief in the court of common pleas to abate excessive	18751
erosion or sedimentation and secure compliance with the rules	18752
adopted under this section. If the prosecuting attorney seeks an	18753
injunction or other appropriate relief, then, in granting relief,	18754
the court of common pleas may order the construction of sediment	18755
control improvements or implementation of other control measures	18756
and may assess a civil fine of not less than one hundred or more	18757
than five hundred dollars. Each day of violation of a rule or stop	18758
work order issued under this section shall be considered a	18759
separate violation subject to a civil fine.	18760

(2) The person to whom a stop work order is issued under this	18761
section may appeal the order to the court of common pleas of the	18762
county in which it was issued, seeking any equitable or other	18763
appropriate relief from that order.	18764

(3) No stop work order shall be issued under this section	18765
against any public highway, transportation, or drainage	18766
improvement or maintenance project undertaken by a government	18767
agency or political subdivision in accordance with a statement of	18768
its standard sediment control policies that is approved by the	18769
board or the chief of the division of soil and water ~~conservation~~	18770
resources in the department of natural resources.	18771

(F) No person shall violate any rule adopted or order issued	18772
under this section. Notwithstanding division (E) of this section,	18773
if the board of county commissioners determines that a violation	18774
of any rule adopted or administrative order issued under this	18775
section exists, the board may request, in writing, the prosecuting	18776
attorney of the county to seek an injunction or other appropriate	18777
relief in the court of common pleas to abate excessive erosion or	18778
sedimentation and secure compliance with the rules or order. In	18779
granting relief, the court of common pleas may order the	18780
construction of sediment control improvements or implementation of	18781
other control measures and may assess a civil fine of not less	18782
than one hundred or more than five hundred dollars. Each day of	18783
violation of a rule adopted or administrative order issued under	18784
this section shall be considered a separate violation subject to a	18785
civil fine.	18786

Sec. 311.17. Except as provided in a contract entered into	18787
under division (A) of section 3125.141 of the Revised Code, for	18788
the services specified in this section, the sheriff shall charge	18789
the following fees, which the court or its clerk shall tax in the	18790
bill of costs against the judgment debtor or those legally liable	18791
therefor for the judgment:	18792

(A) For the service and return of the following writs and	18793
orders:	18794

(1) Execution:

18795

(a) When money is paid without levy or when no property is	18796
found, ~~twenty~~thirty dollars;	18797

(b) When levy is made on real property, for the first tract,	18798
twenty-five dollars, and for each additional tract, ten dollars;	18799

(c) When levy is made on goods and chattels, including	18800
inventory, fifty dollars.	18801

(2) Writ of attachment of property, except for purpose of	18802
garnishment, forty dollars;	18803

(3) Writ of attachment for the purpose of garnishment, ten	18804
dollars;	18805

(4) Writ of replevin, forty dollars;

18806

(5) Warrant to arrest, for each person named in the writ, ~~ten~~	18807
twenty dollars;	18808

(6) Attachment for contempt, for each person named in the	18809
writ, six dollars;	18810

(7) Writ of possession or restitution, sixty dollars;

18811

(8) Subpoena, for each person named in the writ, in either a	18812
civil or criminal case, ~~six~~ten dollars;	18813

(9) Venire, for each person named in the writ, in either a	18814
civil or criminal case, six dollars;	18815

(10) Summoning each juror, other than on venire, in either a	18816
civil or criminal case, six dollars;	18817

(11) Writ of partition, twenty-five dollars;

18818

(12) Order of sale on partition, for the first tract, fifty	18819
dollars, and for each additional tract, twenty-five dollars;	18820

(13) Other order of sale of real property, for the first	18821
tract, fifty dollars, and for each additional tract, twenty-five	18822
dollars;	18823

(14) Administering oath to appraisers, three dollars each;

18824

(15) Furnishing copies for advertisements, one dollar for	18825
each hundred words;	18826

(16) Copy of indictment, for each defendant, five dollars;

18827

(17) All summons, writs, orders, or notices, for the first	18828
name, six dollars, and for each additional name, one dollar.	18829

(B) In addition to the fee for service and return:

18830

(1) On each summons, writ, order, or notice, a fee of ~~one~~	18831
~~dollar~~two dollars per mile for the first mile, and ~~fifty cents~~	18832
one dollar per mile for each additional mile, going and returning,	18833
actual mileage to be charged on each additional name;	18834

(2) Taking bail bond, three dollars;

18835

(3) Jail fees, as follows:

18836

(a) For receiving a prisoner, five dollars each time a	18837
prisoner is received, and for discharging or surrendering a	18838
prisoner, five dollars each time a prisoner is discharged or	18839
surrendered. The departure or return of a prisoner from or to a	18840
jail in connection with a program established under section	18841
5147.28 of the Revised Code is not a receipt, discharge, or	18842
surrender of the prisoner for purposes of this division.	18843

(b) Taking a prisoner before a judge or court, per day, five	18844
dollars;	18845

18846

(d) Calling jury, three dollars;

18847

(e) Calling each witness, three dollars;

18848

(f) Bringing prisoner before court on habeas corpus, six	18849
dollars.	18850

(4) Poundage on all moneys actually made and paid to the	18851
sheriff on execution, decree, or sale of real estate, one and	18852
one-half per cent;	18853

(5) Making and executing a deed of land sold on execution,	18854
decree, or order of the court, to be paid by the purchaser, fifty	18855
dollars.	18856

When any of the services described in division (A) or (B) of	18857
this section are rendered by an officer or employee, whose salary	18858
or per diem compensation is paid by the county, the applicable	18859
legal fees and any other extraordinary expenses, including	18860
overtime, provided for the service shall be taxed in the costs in	18861
the case and, when collected, shall be paid into the general fund	18862
of the county.	18863

The sheriff shall charge the same fees for the execution of	18864
process issued in any other state as the sheriff charges for the	18865
execution of process of a substantively similar nature that is	18866
issued in this state.	18867

Sec. 311.42. (A) Each county shall establish in the county	18868
treasury a sheriff's concealed handgun license issuance expense	18869
fund. The sheriff of that county shall deposit into that fund all	18870
fees paid by applicants for the issuance or renewal of a license	18871
or duplicate license to carry a concealed handgun under section	18872
2923.125 of the Revised Code and all fees paid by the person	18873
seeking a temporary emergency license to carry a concealed	18874
handgun under section 2923.1213 of the Revised Code. The county	18875
shall ~~distribute the fees deposited into the fund in accordance~~	18876
~~with the specifications prescribed by the Ohio peace officer~~	18877
~~training commission under division (C) of section 109.731 of the~~	18878
~~Revised Code~~distribute all fees deposited into the fund except	18879
forty dollars of each fee paid by an applicant under division (B)	18880
of section 2923.125 of the Revised Code, fifteen dollars of each	18881
fee paid under section 2923.1213 of the Revised Code, and	18882
thirty-five dollars of each fee paid under division (F) of section	18883
2923.125 of the Revised Code to the attorney general to be used	18884
to pay the cost of background checks performed by the bureau of	18885
criminal identification and investigation and the federal bureau	18886
of investigation and to cover administrative costs associated	18887
with issuing the license.	18888

(B) The sheriff, with the approval of the board of county	18889
commissioners, may expend any county portion of the fees deposited	18890
into the sheriff's concealed handgun license issuance expense fund	18891
for any costs incurred by the sheriff in connection with	18892
performing any administrative functions related to the issuance of	18893
licenses or temporary emergency licenses to carry a concealed	18894
handgun under section 2923.125 or 2923.1213 of the Revised Code,	18895
including, but not limited to, personnel expenses and the costs of	18896
any handgun safety education program that the sheriff chooses to	18897
fund.	18898

Sec. 319.24. A county auditor shall use the information	18899
received pursuant to section 3705.031 of the Revised Code to	18900
assist the auditor in verifying whether real property or a	18901
manufactured or mobile home is eligible for a reduction in	18902
property taxes under division (A) or (B) of section 323.152 of the	18903
Revised Code or section 4503.065 of the Revised Code.	18904

Sec. 319.28. (A) Except as otherwise provided in division	18905
(B) of this section, on or before the first Monday of August,	18906
annually, the county auditor shall compile and make up a general	18907
tax list of real and public utility property in the county, either	18908
in tabular form and alphabetical order, or, with the consent of	18909
the county treasurer, by listing all parcels in a permanent parcel	18910
number sequence to which a separate alphabetical index is keyed,	18911
containing the names of the several persons, companies, firms,	18912
partnerships, associations, and corporations in whose names real	18913
property has been listed in each township, municipal corporation,	18914
special district, or separate school district, or part of either	18915
in the auditor's county, placing separately, in appropriate	18916
columns opposite each name, the description of each tract, lot, or	18917
parcel of real estate, the value of each tract, lot, or parcel,	18918
the value of the improvements thereon, and of the names of the	18919
several public utilities whose property, subject to taxation on	18920
the general tax list and duplicate, has been apportioned by the	18921
department of taxation to the county, and the amount so	18922
apportioned to each township, municipal corporation, special	18923
district, or separate school district or part of either in the	18924
auditor's county, as shown by the certificates of apportionment of	18925
public utility property. If the name of the owner of any tract,	18926
lot, or parcel of real estate is unknown to the auditor, "unknown"	18927
shall be entered in the column of names opposite said tract, lot,	18928
or parcel. Such lists shall be prepared in duplicate. On or before	18929
the first Monday of September in each year, the auditor shall	18930
correct such lists in accordance with the additions and deductions	18931
ordered by the tax commissioner and by the county board of	18932
revision, and shall certify and on the first day of October	18933
deliver one copy thereof to the county treasurer. The copies	18934
prepared by the auditor shall constitute the auditor's general tax	18935
list and treasurer's general duplicate of real and public utility	18936
property for the current year.	18937

Once a permanent parcel numbering system has been established	18938
in any county as provided by the preceding paragraph, such system	18939
shall remain in effect until otherwise agreed upon by the county	18940
auditor and county treasurer.	18941

(B)(1) A peace officer, parole officer, prosecuting attorney,	18942
assistant prosecuting attorney, correctional employee, youth	18943
services employee, firefighter, or EMT, or investigator of the	18944
bureau of criminal identification and investigation may submit a	18945
written request by affidavit to the county auditor requesting the	18946
county auditor to remove the name of the peace officer, parole	18947
officer, prosecuting attorney, assistant prosecuting attorney,	18948
correctional employee, youth services employee, firefighter, or	18949
EMT, or investigator of the bureau of criminal identification and	18950
investigation from any record made available to the general public	18951
on the internet or a publicly accessible database and the general	18952
tax list of real and public utility property and the general	18953
duplicate of real and public utility property and insert the	18954
initials of the peace officer, parole officer, prosecuting	18955
attorney, assistant prosecuting attorney, correctional employee,	18956
youth services employee, firefighter, or EMT, or investigator of	18957
the bureau of criminal identification and investigation on any	18958
record made available to the general public on the internet or a	18959
publicly accessible database and the general tax list of real and	18960
public utility property and the general duplicate of real and	18961
public utility property as the name of the peace ~~official~~	18962
officer, parole officer, prosecuting attorney, assistant	18963
prosecuting attorney, correctional employee, youth services	18964
employee, firefighter, or EMT, or investigator of the bureau of	18965
criminal identification and investigation that appears on the	18966
deed.	18967

(2) Upon receiving a written request by affidavit described	18968
in division (B)(1) of this section, the county auditor shall act	18969
within five business days in accordance with the request to	18970
remove the name of the peace officer, parole officer, prosecuting	18971
attorney, assistant prosecuting attorney, correctional employee,	18972
youth services employee, firefighter, or EMT, or investigator of	18973
the bureau of criminal identification and investigation from any	18974
record made available to the general public on the internet or a	18975
publicly accessible database and the general tax list of real	18976
and public utility property and the general duplicate of real and	18977
public utility property and insert initials of the peace	18978
officer, parole officer, prosecuting attorney, assistant	18979
prosecuting attorney, correctional employee, youth services	18980
employee, firefighter, or EMT, or investigator of the bureau of	18981
criminal identification and investigation on any record made	18982
available to the general public on the internet or a publicly	18983
accessible database and the general tax list of real and public	18984
utility property and the general duplicate of real and public	18985
utility property, if practicable. If the removal and insertion	18986
is not practicable, the county auditor shall verbally or in	18987
writing within five business days after receiving the written	18988
request explain to the peace officer, parole officer, prosecuting	18989
attorney, assistant prosecuting attorney, correctional employee,	18990
youth services employee, firefighter, or EMT, or investigator of	18991
the bureau of criminal identification and investigation why the	18992
removal and insertion is impracticable.	18993

Sec. 319.301. (A) ~~This~~The reductions required by division	18994
(D) of this section ~~does~~do not apply to any of the following:	18995

(1) Taxes levied at whatever rate is required to produce a	18996
specified amount of tax money, including a tax levied under	18997
section 5705.199 or 5705.211 of the Revised Code, or an amount to	18998
pay debt charges;	18999

(2) Taxes levied within the one per cent limitation imposed	19000
by Section 2 of Article XII, Ohio Constitution;	19001

(3) Taxes provided for by the charter of a municipal	19002
corporation.	19003

(B) As used in this section:

19004

(1) "Real property" includes real property owned by a	19005
railroad.	19006

(2) "Carryover property" means all real property on the	19007
current year's tax list except:	19008

(a) Land and improvements that were not taxed by the district	19009
in both the preceding year and the current year;	19010

(b) Land and improvements that were not in the same class in	19011
both the preceding year and the current year.	19012

(3) "Effective tax rate" means with respect to each class of	19013
property:	19014

(a) The sum of the total taxes that would have been charged	19015
and payable for current expenses against real property in that	19016
class if each of the district's taxes were reduced for the current	19017
year under division (D)(1) of this section without regard to the	19018
application of division (E)(3) of this section divided by	19019

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

19020

(4) "Taxes charged and payable" means the taxes charged and	19021
payable prior to any reduction required by section 319.302 of the	19022
Revised Code.	19023

(C) The tax commissioner shall make the determinations	19024
required by this section each year, without regard to whether a	19025
taxing district has territory in a county to which section 5715.24	19026
of the Revised Code applies for that year. Separate determinations	19027
shall be made for each of the two classes established pursuant to	19028
section 5713.041 of the Revised Code.	19029

(D) With respect to each tax authorized to be levied by each	19030
taxing district, the tax commissioner, annually, shall do both of	19031
the following:	19032

(1) Determine by what percentage, if any, the sums levied by	19033
such tax against the carryover property in each class would have	19034
to be reduced for the tax to levy the same number of dollars	19035
against such property in that class in the current year as were	19036
charged against such property by such tax in the preceding year	19037
subsequent to the reduction made under this section but before the	19038
reduction made under section 319.302 of the Revised Code. In the	19039
case of a tax levied for the first time that is not a renewal of	19040
an existing tax, the commissioner shall determine by what	19041
percentage the sums that would otherwise be levied by such tax	19042
against carryover property in each class would have to be reduced	19043
to equal the amount that would have been levied if the full rate	19044
thereof had been imposed against the total taxable value of such	19045
property in the preceding tax year. A tax or portion of a tax that	19046
is designated a replacement levy under section 5705.192 of the	19047
Revised Code is not a renewal of an existing tax for purposes of	19048
this division.	19049

(2) Certify each percentage determined in division (D)(1) of	19050
this section, as adjusted under division (E) of this section, and	19051
the class of property to which that percentage applies to the	19052
auditor of each county in which the district has territory. The	19053
auditor, after complying with section 319.30 of the Revised Code,	19054
shall reduce the sum to be levied by such tax against each parcel	19055
of real property in the district by the percentage so certified	19056
for its class. Certification shall be made by the first day of	19057
September except in the case of a tax levied for the first time,	19058
in which case certification shall be made within fifteen days of	19059
the date the county auditor submits the information necessary to	19060
make the required determination.	19061

(E)(1) As used in division (E)(2) of this section, "pre-1982	19062
joint vocational taxes" means, with respect to a class of	19063
property, the difference between the following amounts:	19064

(a) The taxes charged and payable in tax year 1981 against	19065
the property in that class for the current expenses of the joint	19066
vocational school district of which the school district is a part	19067
after making all reductions under this section;	19068

(b) The following percentage of the taxable value of all real	19069
property in that class:	19070

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

19071

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

19072

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

19073

(iv) In 1990 and each subsequent year, two-tenths of one per	19074
cent.	19075

If the amount in division (E)(1)(b) of this section exceeds	19076
the amount in division (E)(1)(a) of this section, the pre-1982	19077
joint vocational taxes shall be zero.	19078

As used in divisions (E)(2) and (3) of this section, "taxes	19079
charged and payable" has the same meaning as in division (B)(4) of	19080
this section and excludes any tax charged and payable in 1985 or	19081
thereafter under sections 5705.194 to 5705.197 or section 5705.199	19082
or, 5705.213, or 5705.219 of the Revised Code.	19083

(2) If in the case of a school district other than a joint	19084
vocational or cooperative education school district any percentage	19085
required to be used in division (D)(2) of this section for either	19086
class of property could cause the total taxes charged and payable	19087
for current expenses to be less than two per cent of the taxable	19088
value of all real property in that class that is subject to	19089
taxation by the district, the commissioner shall determine what	19090
percentages would cause the district's total taxes charged and	19091
payable for current expenses against that class, after all	19092
reductions that would otherwise be made under this section, to	19093
equal, when combined with the pre-1982 joint vocational taxes	19094
against that class, the lesser of the following:	19095

(a) The sum of the rates at which those taxes are authorized	19096
to be levied;	19097

(b) Two per cent of the taxable value of the property in that	19098
class. The auditor shall use such percentages in making the	19099
reduction required by this section for that class.	19100

(3)(a) If in the case of a joint vocational school district	19101
any percentage required to be used in division (D)(2) of this	19102
section for either class of property could cause the total taxes	19103
charged and payable for current expenses for that class to be less	19104
than the designated amount, the commissioner shall determine what	19105
percentages would cause the district's total taxes charged and	19106
payable for current expenses for that class, after all reductions	19107
that would otherwise be made under this section, to equal the	19108
designated amount. The auditor shall use such percentages in	19109
making the reductions required by this section for that class.	19110

(b) As used in division (E)(3)(a) of this section, the	19111
designated amount shall equal the taxable value of all real	19112
property in the class that is subject to taxation by the district	19113
times the lesser of the following:	19114

(i) Two-tenths of one per cent;

19115

(ii) The district's effective rate plus the following	19116
percentage for the year indicated:	19117

WHEN COMPUTING THE	ADD THE FOLLOWING	19118
TAXES CHARGED FOR	PERCENTAGE:	19119
1987	0.025%	19120
1988	0.05%	19121
1989	0.075%	19122
1990	0.1%	19123
1991	0.125%	19124
1992	0.15%	19125
1993	0.175%	19126
1994 and thereafter	0.2%	19127

(F) No reduction shall be made under this section in the rate	19128
at which any tax is levied.	19129

(G) The commissioner may order a county auditor to furnish	19130
any information the commissioner needs to make the determinations	19131
required under division (D) or (E) of this section, and the	19132
auditor shall supply the information in the form and by the date	19133
specified in the order. If the auditor fails to comply with an	19134
order issued under this division, except for good cause as	19135
determined by the commissioner, the commissioner shall withhold	19136
from such county or taxing district therein fifty per cent of	19137
state revenues to local governments pursuant to section 5747.50 of	19138
the Revised Code or shall direct the department of education to	19139
withhold therefrom fifty per cent of state revenues to school	19140
districts pursuant to ~~Chapter~~Chapters 3306. and 3317. of the	19141
Revised Code. The commissioner shall withhold the distribution of	19142
such revenues until the county auditor has complied with this	19143
division, and the department shall withhold the distribution of	19144
such revenues until the commissioner has notified the department	19145
that the county auditor has complied with this division.	19146

(H) If the commissioner is unable to certify a tax reduction	19147
factor for either class of property in a taxing district located	19148
in more than one county by the last day of November because	19149
information required under division (G) of this section is	19150
unavailable, the commissioner may compute and certify an estimated	19151
tax reduction factor for that district for that class. The	19152
estimated factor shall be based upon an estimate of the	19153
unavailable information. Upon receipt of the actual information	19154
for a taxing district that received an estimated tax reduction	19155
factor, the commissioner shall compute the actual tax reduction	19156
factor and use that factor to compute the taxes that should have	19157
been charged and payable against each parcel of property for the	19158
year for which the estimated reduction factor was used. The amount	19159
by which the estimated factor resulted in an overpayment or	19160
underpayment in taxes on any parcel shall be added to or	19161
subtracted from the amount due on that parcel in the ensuing tax	19162
year.	19163

A percentage or a tax reduction factor determined or computed	19164
by the commissioner under this section shall be used solely for	19165
the purpose of reducing the sums to be levied by the tax to which	19166
it applies for the year for which it was determined or computed.	19167
It shall not be used in making any tax computations for any	19168
ensuing tax year.	19169

(I) In making the determinations under division (D)(1) of	19170
this section, the tax commissioner shall take account of changes	19171
in the taxable value of carryover property resulting from	19172
complaints filed under section 5715.19 of the Revised Code for	19173
determinations made for the tax year in which such changes are	19174
reported to the commissioner. Such changes shall be reported to	19175
the commissioner on the first abstract of real property filed with	19176
the commissioner under section 5715.23 of the Revised Code	19177
following the date on which the complaint is finally determined by	19178
the board of revision or by a court or other authority with	19179
jurisdiction on appeal. The tax commissioner shall account for	19180
such changes in making the determinations only for the tax year in	19181
which the change in valuation is reported. Such a valuation change	19182
shall not be used to recompute the percentages determined under	19183
division (D)(1) of this section for any prior tax year.	19184

Sec. 319.302. (A)(1) Real property that is not intended	19185
primarily for use in a business activity shall qualify for a	19186
partial exemption from real property taxation. For purposes of	19187
this partial exemption, "business activity" includes all uses of	19188
real property, except farming; leasing property for farming;	19189
occupying or holding property improved with single-family,	19190
two-family, or three-family dwellings; leasing property improved	19191
with single-family, two-family, or three-family dwellings; or	19192
holding vacant land that the county auditor determines will be	19193
used for farming or to develop single-family, two-family, or	19194
three-family dwellings. For purposes of this partial exemption,	19195
"farming" does not include land used for the commercial production	19196
of timber that is receiving the tax benefit under section 5713.23	19197
or 5713.31 of the Revised Code and all improvements connected with	19198
such commercial production of timber.	19199

(2) Each year, the county auditor shall review each parcel of	19200
real property to determine whether it qualifies for the partial	19201
exemption provided for by this section as of the first day of	19202
January of the current tax year.	19203

(B) After complying with section 319.301 of the Revised Code,	19204
the county auditor shall reduce the remaining sums to be levied	19205
against each parcel of real property that is listed on the general	19206
tax list and duplicate of real and public utility property for the	19207
current tax year and that qualifies for partial exemption under	19208
division (A) of this section, and against each manufactured and	19209
mobile home that is taxed pursuant to division (D)(2) of section	19210
4503.06 of the Revised Code and that is on the manufactured home	19211
tax list for the current tax year, by ten per cent, to provide a	19212
partial exemption for that parcel or home. Except as otherwise	19213
provided in sections 323.152, 323.158, 505.06, and 715.263 of the	19214
Revised Code, the amount of the taxes remaining after any such	19215
reduction shall be the real and public utility property taxes	19216
charged and payable on each parcel of real property, including	19217
property that does not qualify for partial exemption under	19218
division (A) of this section, and the manufactured home tax	19219
charged and payable on each manufactured or mobile home, and shall	19220
be the amounts certified to the county treasurer for collection.	19221
Upon receipt of the real and public utility property tax	19222
duplicate, the treasurer shall certify to the tax commissioner the	19223
total amount by which the real property taxes were reduced under	19224
this section, as shown on the duplicate. Such reduction shall not	19225
directly or indirectly affect the determination of the principal	19226
amount of notes that may be issued in anticipation of any tax	19227
levies or the amount of bonds or notes for any planned	19228
improvements. If after application of sections 5705.31 and 5705.32	19229
of the Revised Code and other applicable provisions of law,	19230
including divisions (F) and (I) of section 321.24 of the Revised	19231
Code, there would be insufficient funds for payment of debt	19232
charges on bonds or notes payable from taxes reduced by this	19233
section, the reduction of taxes provided for in this section shall	19234
be adjusted to the extent necessary to provide funds from such	19235
taxes.	19236

(C) The tax commissioner may adopt rules governing the	19237
administration of the partial exemption provided for by this	19238
section.	19239

(D) The determination of whether property qualifies for	19240
partial exemption under division (A) of this section is solely for	19241
the purpose of allowing the partial exemption under division (B)	19242
of this section.	19243

Sec. 319.54. (A) On all moneys collected by the county	19244
treasurer on any tax duplicate of the county, other than estate	19245
tax duplicates, and on all moneys received as advance payments of	19246
personal property and classified property taxes, the county	19247
auditor, on settlement with the treasurer and tax commissioner, on	19248
or before the date prescribed by law for such settlement or any	19249
lawful extension of such date, shall be allowed as compensation	19250
for the county auditor's services the following percentages:	19251

(1) On the first one hundred thousand dollars, two and	19252
one-half per cent;	19253

(2) On the next two million dollars, eight thousand three	19254
hundred eighteen ten-thousandths of one per cent;	19255

(3) On the next two million dollars, six thousand six hundred	19256
fifty-five ten-thousandths of one per cent;	19257

(4) On all further sums, one thousand six hundred sixty-three	19258
ten-thousandths of one per cent.	19259

If any settlement is not made on or before the date	19260
prescribed by law for such settlement or any lawful extension of	19261
such date, the aggregate compensation allowed to the auditor shall	19262
be reduced one per cent for each day such settlement is delayed	19263
after the prescribed date. No penalty shall apply if the auditor	19264
and treasurer grant all requests for advances up to ninety per	19265
cent of the settlement pursuant to section 321.34 of the Revised	19266
Code. The compensation allowed in accordance with this section on	19267
settlements made before the dates prescribed by law, or the	19268
reduced compensation allowed in accordance with this section on	19269
settlements made after the date prescribed by law or any lawful	19270
extension of such date, shall be apportioned ratably by the	19271
auditor and deducted from the shares or portions of the revenue	19272
payable to the state as well as to the county, townships,	19273
municipal corporations, and school districts.	19274

(B) For the purpose of reimbursing county auditors for the	19275
expenses associated with the increased number of applications for	19276
reductions in real property taxes under sections 323.152 and	19277
4503.065 of the Revised Code that ~~results~~result from the	19278
amendment of those sections by Am. Sub. H.B. 119 of the 127th	19279
general assembly, ~~on the first day of August of each year~~ there	19280
shall be paid from the state's general revenue fund to the county	19281
treasury, to the credit of the real estate assessment fund	19282
created by section 325.31 of the Revised Code, an amount equal to	19283
one per cent of the total annual amount of property tax relief	19284
reimbursement paid to that county under sections 323.156 and	19285
4503.068 of the Revised Code for the preceding tax year. Payments	19286
made under this division shall be made at the same times and in	19287
the same manner as payments made under section 323.156 of the	19288
Revised Code.	19289

(C) From all moneys collected by the county treasurer on any	19290
tax duplicate of the county, other than estate tax duplicates, and	19291
on all moneys received as advance payments of personal property	19292
and classified property taxes, there shall be paid into the county	19293
treasury to the credit of the real estate assessment fund created	19294
by section 325.31 of the Revised Code, an amount to be determined	19295
by the county auditor, which shall not exceed the percentages	19296
prescribed in divisions (C)(1) and (2) of this section.	19297

(1) For payments made after June 30, 2007, and before 2011,	19298
the following percentages:	19299

(a) On the first five hundred thousand dollars, four per	19300
cent;	19301

(b) On the next five million dollars, two per cent;

19302

19303

(d) On all further sums not exceeding one hundred fifty	19304
million dollars, three-quarters of one per cent;	19305

(e) On amounts exceeding one hundred fifty million dollars,	19306
five hundred eighty-five thousandths of one per cent.	19307

(2) For payments made in or after 2011, the following	19308
percentages:	19309

(a) On the first five hundred thousand dollars, four per	19310
cent;	19311

(b) On the next ten million dollars, two per cent;

19312

(c) On amounts exceeding ten million five hundred thousand	19313
dollars, three-fourths of one per cent.	19314

Such compensation shall be apportioned ratably by the auditor	19315
and deducted from the shares or portions of the revenue payable to	19316
the state as well as to the county, townships, municipal	19317
corporations, and school districts.	19318

(D) Each county auditor shall receive four per cent of the	19319
amount of tax collected and paid into the county treasury, on	19320
property omitted and placed by the county auditor on the tax	19321
duplicate.	19322

(E) On all estate tax moneys collected by the county	19323
treasurer, the county auditor, on settlement semiannually with the	19324
tax commissioner, shall be allowed, as compensation for the	19325
auditor's services under Chapter 5731. of the Revised Code, the	19326
following percentages:	19327

(1) Four per cent on the first one hundred thousand dollars;

19328

(2) One-half of one per cent on all additional sums.

19329

Such percentages shall be computed upon the amount collected	19330
and reported at each semiannual settlement, and shall be for the	19331
use of the general fund of the county.	19332

(F) On all cigarette license moneys collected by the county	19333
treasurer, the county auditor, on settlement semiannually with the	19334
treasurer, shall be allowed as compensation for the auditor's	19335
services in the issuing of such licenses one-half of one per cent	19336
of such moneys, to be apportioned ratably and deducted from the	19337
shares of the revenue payable to the county and subdivisions, for	19338
the use of the general fund of the county.	19339

(G) The county auditor shall charge and receive fees as	19340
follows:	19341

(1) For deeds of land sold for taxes to be paid by the	19342
purchaser, five dollars;	19343

(2) For the transfer or entry of land, lot, or part of lot,	19344
or the transfer or entry on or after January 1, 2000, of a used	19345
manufactured home or mobile home as defined in section 5739.0210	19346
of the Revised Code, fifty cents for each transfer or entry, to be	19347
paid by the person requiring it;	19348

(3) For receiving statements of value and administering	19349
section 319.202 of the Revised Code, one dollar, or ten cents for	19350
each one hundred dollars or fraction of one hundred dollars,	19351
whichever is greater, of the value of the real property	19352
transferred or, for sales occurring on or after January 1, 2000,	19353
the value of the used manufactured home or used mobile home, as	19354
defined in section 5739.0210 of the Revised Code, transferred,	19355
except no fee shall be charged when the transfer is made:	19356

(a) To or from the United States, this state, or any	19357
instrumentality, agency, or political subdivision of the United	19358
States or this state;	19359

(b) Solely in order to provide or release security for a debt	19360
or obligation;	19361

(c) To confirm or correct a deed previously executed and	19362
recorded or when a current owner on any record made available to	19363
the general public on the internet or a publicly accessible	19364
database and the general tax list of real and public utility	19365
property and the general duplicate of real and public utility	19366
property is a peace officer, parole officer, prosecuting	19367
attorney, assistant prosecuting attorney, correctional employee,	19368
youth services employee, firefighter, or EMT, or investigator	19369
of the bureau of criminal identification and investigation and is	19370
changing the current owner name listed on any record made	19371
available to the general public on the internet or a publicly	19372
accessible database and the general tax list of real and public	19373
utility property and the general duplicate of real and public	19374
utility property to the initials of the current owner as	19375
prescribed in division (B)(1) of section 319.28 of the Revised	19376
Code;	19377

(d) To evidence a gift, in trust or otherwise and whether	19378
revocable or irrevocable, between husband and wife, or parent and	19379
child or the spouse of either;	19380

(e) On sale for delinquent taxes or assessments;

19381

(f) Pursuant to court order, to the extent that such transfer	19382
is not the result of a sale effected or completed pursuant to such	19383
order;	19384

(g) Pursuant to a reorganization of corporations or	19385
unincorporated associations or pursuant to the dissolution of a	19386
corporation, to the extent that the corporation conveys the	19387
property to a stockholder as a distribution in kind of the	19388
corporation's assets in exchange for the stockholder's shares in	19389
the dissolved corporation;	19390

(h) By a subsidiary corporation to its parent corporation for	19391
no consideration, nominal consideration, or in sole consideration	19392
of the cancellation or surrender of the subsidiary's stock;	19393

(i) By lease, whether or not it extends to mineral or mineral	19394
rights, unless the lease is for a term of years renewable forever;	19395

(j) When the value of the real property or the manufactured	19396
or mobile home or the value of the interest that is conveyed does	19397
not exceed one hundred dollars;	19398

(k) Of an occupied residential property, including a	19399
manufactured or mobile home, being transferred to the builder of a	19400
new residence or to the dealer of a new manufactured or mobile	19401
home when the former residence is traded as part of the	19402
consideration for the new residence or new manufactured or mobile	19403
home;	19404

(l) To a grantee other than a dealer in real property or in	19405
manufactured or mobile homes, solely for the purpose of, and as a	19406
step in, the prompt sale of the real property or manufactured or	19407
mobile home to others;	19408

(m) To or from a person when no money or other valuable and	19409
tangible consideration readily convertible into money is paid or	19410
to be paid for the real estate or manufactured or mobile home and	19411
the transaction is not a gift;	19412

(n) Pursuant to division (B) of section 317.22 of the Revised	19413
Code, or section 2113.61 of the Revised Code, between spouses or	19414
to a surviving spouse pursuant to section 5302.17 of the Revised	19415
Code as it existed prior to April 4, 1985, between persons	19416
pursuant to section 5302.17 or 5302.18 of the Revised Code on or	19417
after April 4, 1985, to a person who is a surviving, survivorship	19418
tenant pursuant to section 5302.17 of the Revised Code on or after	19419
April 4, 1985, or pursuant to section 5309.45 of the Revised	19420
Code;	19421

(o) To a trustee acting on behalf of minor children of the	19422
deceased;	19423

(p) Of an easement or right-of-way when the value of the	19424
interest conveyed does not exceed one thousand dollars;	19425

(q) Of property sold to a surviving spouse pursuant to	19426
section 2106.16 of the Revised Code;	19427

(r) To or from an organization exempt from federal income	19428
taxation under section 501(c)(3) of the "Internal Revenue Code of	19429
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such	19430
transfer is without consideration and is in furtherance of the	19431
charitable or public purposes of such organization;	19432

(s) Among the heirs at law or devisees, including a surviving	19433
spouse, of a common decedent, when no consideration in money is	19434
paid or to be paid for the real property or manufactured or mobile	19435
home;	19436

(t) To a trustee of a trust, when the grantor of the trust	19437
has reserved an unlimited power to revoke the trust;	19438

(u) To the grantor of a trust by a trustee of the trust, when	19439
the transfer is made to the grantor pursuant to the exercise of	19440
the grantor's power to revoke the trust or to withdraw trust	19441
assets;	19442

(v) To the beneficiaries of a trust if the fee was paid on	19443
the transfer from the grantor of the trust to the trustee or if	19444
the transfer is made pursuant to trust provisions which became	19445
irrevocable at the death of the grantor;	19446

(w) To a corporation for incorporation into a sports facility	19447
constructed pursuant to section 307.696 of the Revised Code;	19448

(x) Between persons pursuant to section 5302.18 of the	19449
Revised Code;	19450

(y) From a county land reutilization corporation organized	19451
under Chapter 1724. of the Revised Code to a third party.	19452

The auditor shall compute and collect the fee. The auditor	19453
shall maintain a numbered receipt system, as prescribed by the tax	19454
commissioner, and use such receipt system to provide a receipt to	19455
each person paying a fee. The auditor shall deposit the receipts	19456
of the fees on conveyances in the county treasury daily to the	19457
credit of the general fund of the county, except that fees	19458
charged and received under division (G)(3) of this section for a	19459
transfer of real property to a county land reutilization	19460
corporation shall be credited to the county land reutilization	19461
corporation fund established under section 321.263 of the	19462
Revised Code.	19463

The real property transfer fee provided for in division	19464
(G)(3) of this section shall be applicable to any conveyance of	19465
real property presented to the auditor on or after January 1,	19466
1968, regardless of its time of execution or delivery.	19467

The transfer fee for a used manufactured home or used mobile	19468
home shall be computed by and paid to the county auditor of the	19469
county in which the home is located immediately prior to the	19470
transfer.	19471

Sec. 321.24. (A) On or before the fifteenth day of February,	19472
in each year, the county treasurer shall settle with the county	19473
auditor for all taxes and assessments that the treasurer has	19474
collected on the general duplicate of real and public utility	19475
property at the time of making the settlement.	19476

(B) On or before the thirtieth day of June, in each year, the	19477
treasurer shall settle with the auditor for all advance payments	19478
of general personal and classified property taxes that the	19479
treasurer has received at the time of making the settlement.	19480

(C) On or before the tenth day of August, in each year, the	19481
treasurer shall settle with the auditor for all taxes and	19482
assessments that the treasurer has collected on the general	19483
duplicates of real and public utility property at the time of	19484
making such settlement, not included in the preceding February	19485
settlement.	19486

(D) On or before the thirty-first day of October, in each	19487
year, the treasurer shall settle with the auditor for all taxes	19488
that the treasurer has collected on the general personal and	19489
classified property duplicates, and for all advance payments of	19490
general personal and classified property taxes, not included in	19491
the preceding June settlement, that the treasurer has received at	19492
the time of making such settlement.	19493

(E) In the event the time for the payment of taxes is	19494
extended, pursuant to section 323.17 of the Revised Code, the date	19495
on or before which settlement for the taxes so extended must be	19496
made, as herein prescribed, shall be deemed to be extended for a	19497
like period of time. At each such settlement, the auditor shall	19498
allow to the treasurer, on the moneys received or collected and	19499
accounted for by the treasurer, the treasurer's fees, at the rate	19500
or percentage allowed by law, at a full settlement of the	19501
treasurer.	19502

(F) Within thirty days after the day of each settlement of	19503
taxes required under divisions (A) and (C) of this section, the	19504
treasurer shall certify to the tax commissioner any adjustments	19505
that have been made to the amount certified previously pursuant to	19506
section 319.302 of the Revised Code and that the settlement has	19507
been completed. Upon receipt of such certification, the	19508
commissioner shall provide for payment to the county treasurer	19509
from the general revenue fund of an amount equal to one-half of	19510
the amount certified by the treasurer in the preceding tax year	19511
under section 319.302 of the Revised Code, less one-half of the	19512
amount computed for all taxing districts in that county for the	19513
current fiscal year under section 5703.80 of the Revised Code for	19514
crediting to the property tax administration fund. Such payment	19515
shall be credited upon receipt to the county's undivided income	19516
tax fund, and the county auditor shall transfer to the county	19517
general fund from the amount thereof the total amount of all fees	19518
and charges which the auditor and treasurer would have been	19519
authorized to receive had such section not been in effect and that	19520
amount had been levied and collected as taxes. The county auditor	19521
shall distribute the amount remaining among the various taxing	19522
districts in the county as if it had been levied, collected, and	19523
settled as real property taxes. The amount distributed to each	19524
taxing district shall be reduced by the total of the amounts	19525
computed for the district under section 5703.80 of the Revised	19526
Code, but the reduction shall not exceed the amount that otherwise	19527
would be distributed to the taxing district under this division.	19528
The tax commissioner shall make available to taxing districts such	19529
information as is sufficient for a taxing district to be able to	19530
determine the amount of the reduction in its distribution under	19531
this section.	19532

(G)(1) Within thirty days after the day of the settlement	19533
required in division (D) of this section, the county treasurer	19534
shall notify the tax commissioner that the settlement has been	19535
completed. Upon receipt of that notification, the commissioner	19536
shall provide for payment to the county treasurer from the general	19537
revenue fund of an amount equal to the amount certified under	19538
former section 319.311 of the Revised Code and paid in the state's	19539
fiscal year 2003 multiplied by the percentage specified in	19540
division (G)(2) of this section. The payment shall be credited	19541
upon receipt to the county's undivided income tax fund, and the	19542
county auditor shall distribute the amount thereof among the	19543
various taxing districts of the county as if it had been levied,	19544
collected, and settled as personal property taxes. The amount	19545
received by a taxing district under this division shall be	19546
apportioned among its funds in the same proportion as the current	19547
year's personal property taxes are apportioned.	19548

(2) Payments required under division (G)(1) of this section	19549
shall be made at the following percentages of the amount certified	19550
under former section 319.311 of the Revised Code and paid under	19551
division (G)(1) of this section in the state's fiscal year 2003:	19552

(a) In fiscal year 2004, ninety per cent;

19553

(b) In fiscal year 2005, eighty per cent;

19554

19555

(d) In fiscal year 2007, forty per cent;

19556

(e) In fiscal year 2008, thirty-two per cent;

19557

(f) In fiscal year 2009, sixteen per cent.

19558

After fiscal year 2009, no payments shall be made under	19559
division (G)(1) of this section.	19560

(H)(1) On or before the fifteenth day of April each year, the	19561
county treasurer shall settle with the county auditor for all	19562
manufactured home taxes that the county treasurer has collected on	19563
the manufactured home tax duplicate at the time of making the	19564
settlement.	19565

(2) On or before the fifteenth day of September each year,	19566
the county treasurer shall settle with the county auditor for all	19567
remaining manufactured home taxes that the county treasurer has	19568
collected on the manufactured home tax duplicate at the time of	19569
making the settlement.	19570

(3) If the time for payment of such taxes is extended under	19571
section 4503.06 of the Revised Code, the time for making the	19572
settlement as prescribed by divisions (H)(1) and (2) of this	19573
section is extended for a like period of time.	19574

(I) ~~Within thirty days after the day of each settlement of~~	19575
~~taxes required under division (H) of this section~~On or before the	19576
second Monday in September of each year, the county treasurer	19577
shall certify to the tax commissioner ~~any adjustments that have~~	19578
~~been made to the amount certified previously~~the total amount by	19579
which the manufactured home taxes levied in that year were reduced	19580
pursuant to section 319.302 of the Revised Code ~~and that the~~	19581
~~settlement has been completed. Upon~~. Within ninety days after the	19582
receipt of such certification, the commissioner shall provide for	19583
payment to the county treasurer from the general revenue fund of	19584
an amount equal to ~~one-half of~~ the amount certified by the	19585
treasurer ~~in the current tax year under section 319.302 of the~~	19586
~~Revised Code~~. Such payment shall be credited upon receipt to the	19587
county's undivided income tax fund, and the county auditor shall	19588
transfer to the county general fund from the amount thereof the	19589
total amount of all fees and charges that the auditor and	19590
treasurer would have been authorized to receive had such section	19591
not been in effect and that amount had been levied and collected	19592
as manufactured home taxes. The county auditor shall distribute	19593
the amount remaining among the various taxing districts in the	19594
county as if it had been levied, collected, and settled as	19595
manufactured home taxes.	19596

Sec. 321.261. (A) Five per cent of all delinquent real	19597
property, personal property, and manufactured and mobile home	19598
taxes and assessments collected by the county treasurer shall be	19599
deposited in the delinquent tax and assessment collection fund,	19600
which shall be created in the county treasury. Except as	19601
otherwise provided in division (D) of this section, the moneys in	19602
the fund, one-half of which shall be appropriated by the board of	19603
county commissioners to the treasurer and one-half of which shall	19604
be appropriated to the county prosecuting attorney, shall be used	19605
only for the following purposes:	19606

(1) By the county treasurer and the county prosecuting	19607
attorney in connection with the collection of delinquent real	19608
property, personal property, and manufactured and mobile home	19609
taxes and assessments including proceedings related to foreclosure	19610
of the state's lien for such taxes against such property;	19611

(2) With respect to any portion of the amount appropriated to	19612
the county treasurer for the benefit of the county land	19613
reutilization corporation organized under Chapter 1724. of the	19614
Revised Code, whether by transfer to or other application on	19615
behalf of, the county land reutilization corporation. Upon the	19616
deposit of amounts in the delinquent tax and assessment collection	19617
fund of the county, any amounts allocated at the direction of the	19618
treasurer to the support of the county land reutilization	19619
corporation shall be paid out of such fund to the corporation upon	19620
a warrant of the county auditor.	19621

(B) During the period of time that a county land	19622
reutilization corporation is functioning as such on behalf of a	19623
county, the board of county commissioners, upon the request of	19624
the county treasurer, may designate by resolution that an	19625
additional amount, not exceeding five per cent of all	19626
collections of delinquent real property, personal property, and	19627
manufactured and mobile home taxes and assessments, shall be	19628
deposited in the delinquent tax and assessment collection fund	19629
and be available for appropriation by the board for the use of	19630
the corporation. Any such amounts so deposited and appropriated	19631
under this division shall be paid out of the delinquent tax and	19632
assessment collection fund to the corporation upon a warrant of	19633
the county auditor.	19634

(C) Annually by the first day of December, the treasurer and	19635
the prosecuting attorney each shall submit a report to the board	19636
regarding the use of the moneys appropriated to their respective	19637
offices from the delinquent tax and assessment collection fund.	19638
Each report shall specify the amount appropriated to the office	19639
during the current calendar year, an estimate of the amount so	19640
appropriated that will be expended by the end of the year, a	19641
summary of how the amount appropriated has been expended in	19642
connection with delinquent tax collection activities or land	19643
reutilization, and an estimate of the amount that will be credited	19644
to the fund during the ensuing calendar year.	19645

The annual report of a county land reutilization corporation	19646
required by section 1724.05 of the Revised Code shall include	19647
information regarding the amount and use of the moneys that the	19648
corporation received from the delinquent tax and assessment	19649
collection fund of the county.	19650

~~(C)~~(D)(1) In any county, if the county treasurer or	19651
prosecuting attorney determines that the amount appropriated to	19652
the office from the county's delinquent tax and assessment	19653
collection fund under division (A) of this section exceeds the	19654
amount required to be used as prescribed by that division, the	19655
county treasurer or prosecuting attorney may expend the excess to	19656
prevent residential mortgage foreclosures in the county and to	19657
address problems associated with other foreclosed real property.	19658
The amount used for that purpose in any year may not exceed the	19659
amount that would cause the fund to have a reserve of less than	19660
twenty per cent of the amount expended in the preceding year for	19661
the purposes of division (A) of this section. The county	19662
treasurer or prosecuting attorney may not expend any money from	19663
the fund for the purpose of land reutilization unless the county	19664
treasurer or prosecuting attorney obtains the approval of the	19665
county investment advisory committee established under section	19666
135.341 of the Revised Code.	19667

Money authorized to be expended under division (D)(1) of this	19668
section shall be used to provide financial assistance in the form	19669
of loans to borrowers in default on their home mortgages,	19670
including for the payment of late fees, to clear arrearage	19671
balances, and to augment moneys used in the county's foreclosure	19672
prevention program. The money also may be used to assist municipal	19673
corporations or townships in the county, upon their application to	19674
the county treasurer, prosecuting attorney, or the county	19675
department of development, in the nuisance abatement of	19676
deteriorated residential buildings in foreclosure, or vacant,	19677
abandoned, tax-delinquent, or blighted real property, including	19678
paying the costs of boarding up such buildings, lot maintenance,	19679
and demolition.	19680

(2) In a county having a population of more than one hundred	19681
thousand according to the department of development's 2006 census	19682
estimate, if the county treasurer or prosecuting attorney	19683
determines that the amount appropriated to the office from the	19684
county's delinquent tax and assessment collection fund under	19685
division (A) of this section exceeds the amount required to be	19686
used as prescribed by that division, the county treasurer or	19687
prosecuting attorney may expend the excess to assist townships or	19688
municipal corporations located in the county as provided in ~~this~~	19689
division (D)(2) of this section, provided that the combined amount	19690
so expended each year in a county shall not exceed three million	19691
dollars. Upon application for the funds by a township or	19692
municipal corporation, the county treasurer and prosecuting	19693
attorney may assist the township or municipal corporation in	19694
abating foreclosed residential nuisances, including paying the	19695
costs of securing such buildings, lot maintenance, and	19696
demolition. At the prosecuting attorney's discretion, the	19697
prosecuting attorney also may apply the funds to costs of	19698
prosecuting alleged violations of criminal and civil laws	19699
governing real estate and related transactions, including	19700
fraud and abuse.	19701

Sec. 323.01. Except as otherwise provided, as used in	19702
Chapter 323. of the Revised Code:	19703

(A) "Subdivision" means any county, township, school	19704
district, or municipal corporation.	19705

(B) "Municipal corporation" includes charter municipalities.

19706

(C) "Taxes" means the total amount of all charges against an	19707
entry appearing on a tax list and the duplicate thereof that was	19708
prepared and certified in accordance with section 319.28 of the	19709
Revised Code, including taxes levied against real estate; taxes on	19710
property whose value is certified pursuant to section 5727.23 of	19711
the Revised Code; recoupment charges applied pursuant to section	19712
5713.35 of the Revised Code; all assessments; penalties and	19713
interest charged pursuant to section 323.121 of the Revised Code;	19714
charges added pursuant to section 319.35 of the Revised Code; and	19715
all of such charges which remain unpaid from any previous tax	19716
year.	19717

(D) "Current taxes" means all taxes charged against an entry	19718
on the general tax list and duplicate of real and public utility	19719
property that have not appeared on such list and duplicate for any	19720
prior tax year and any penalty thereon charged by division (A) of	19721
section 323.121 of the Revised Code. Current taxes, whether or not	19722
they have been certified delinquent, become delinquent taxes if	19723
they remain unpaid after the last day prescribed for payment of	19724
the second installment of current taxes without penalty.	19725

(E) "Delinquent taxes" means:

19726

(1) Any taxes charged against an entry on the general tax	19727
list and duplicate of real and public utility property that were	19728
charged against an entry on such list and duplicate for a prior	19729
tax year and any penalties and interest charged against such	19730
taxes.	19731

(2) Any current taxes charged on the general tax list and	19732
duplicate of real and public utility property that remain unpaid	19733
after the last day prescribed for payment of the second	19734
installment of such taxes without penalty, whether or not they	19735
have been certified delinquent, and any penalties and interest	19736
charged against such taxes.	19737

(F) "Current tax year" means, with respect to particular	19738
taxes, the calendar year in which the first installment of taxes	19739
is due prior to any extension granted under section 323.17 of the	19740
Revised Code.	19741

(G) "Liquidated claim" means:

19742

(1) Any sum of money due and payable, upon a written	19743
contractual obligation executed between the subdivision and the	19744
taxpayer, but excluding any amount due on general and special	19745
assessment bonds and notes;	19746

(2) Any sum of money due and payable, for disability	19747
financial assistance ~~or disability medical assistance~~ provided	19748
under Chapter 5115. of the Revised Code that is furnished to or in	19749
behalf of a subdivision, provided that such claim is recognized by	19750
a resolution or ordinance of the legislative body of such	19751
subdivision;	19752

(3) Any sum of money advanced and paid to or received and	19753
used by a subdivision, pursuant to a resolution or ordinance of	19754
such subdivision or its predecessor in interest, and the moral	19755
obligation to repay which sum, when in funds, shall be recognized	19756
by resolution or ordinance by the subdivision.	19757

Sec. 323.121. (A)(1) Except as otherwise provided in	19758
division (A)(2) of this section, if one-half of the current taxes	19759
charged against an entry of real estate together with the full	19760
amount of any delinquent taxes are not paid on or before the	19761
thirty-first day of December in that year or on or before the last	19762
day for payment as extended pursuant to section 323.17 of the	19763
Revised Code, a penalty of ten per cent shall be charged against	19764
the unpaid balance of such half of the current taxes on the	19765
duplicate. If the total amount of all the taxes is not paid on or	19766
before the twentieth day of June, next thereafter, or on or before	19767
the last day for payment as extended pursuant to section 323.17 of	19768
the Revised Code, a like penalty shall be charged on the balance	19769
of the total amount of such unpaid current taxes.	19770

(2) After a valid delinquent or omitted tax contract that	19771
includes unpaid current taxes from a first-half collection period	19772
described in section 323.12 of the Revised Code has been entered	19773
into under section 323.31 or 5713.20 of the Revised Code, no ten	19774
per cent penalty shall be charged against such taxes after the	19775
second-half collection period while the delinquent or omitted tax	19776
contract remains in effect. On the day a delinquent or omitted tax	19777
contract becomes void, the ten per cent penalty shall be charged	19778
against such taxes and shall equal the amount of penalty that	19779
would have been charged against unpaid current taxes outstanding	19780
on the date on which the second-half penalty would have been	19781
charged thereon under division (A)(1) of this section if the	19782
contract had not been in effect.	19783

(B)(1) On the first day of the month following the last day	19784
the second installment of taxes may be paid without penalty,	19785
interest shall be charged against and computed on all delinquent	19786
taxes other than the current taxes that became delinquent taxes at	19787
the close of the last day such second installment could be paid	19788
without penalty. The charge shall be for interest that accrued	19789
during the period that began on the preceding first day of	19790
December and ended on the last day of the month that included the	19791
last date such second installment could be paid without penalty.	19792
The interest shall be computed at the rate per annum prescribed by	19793
section 5703.47 of the Revised Code and shall be entered as a	19794
separate item on the tax list and duplicate compiled under section	19795
319.28 or 5721.011 of the Revised Code, whichever list and	19796
duplicate are first compiled after the date on which the interest	19797
is computed and charged. However, for tracts and lots on the real	19798
property tax suspension list under section 319.48 of the Revised	19799
Code, the interest shall not be entered on the tax list and	19800
duplicate compiled under section 319.28 of the Revised Code, but	19801
shall be entered on the first tax list and duplicate compiled	19802
under section 5721.011 of the Revised Code after the date on which	19803
the interest is computed and charged.	19804

(2) In a county on behalf of which a county land	19805
reutilization corporation has been organized under Chapter 1724.	19806
of the Revised Code, onupon the written order of the county	19807
treasurer, interest shall be charged against and computed on	19808
delinquent taxes as provided in division (B)(2)(a) or (b) of this	19809
section, as prescribed in the order:	19810

(a) In the manner provided under divisions (B)(1) and (B)(3)	19811
of this section, except that the interest shall be computed at the	19812
rate of twelve per cent per annum; or	19813

(b) On the first day of the ~~first~~ month following the month	19814
in which interest otherwise would be charged in accordance with	19815
division (B)(1) of this section as specified in the order, and	19816
each subsequent month, interest shall be charged against and	19817
computed on all delinquent taxes remaining delinquent on the last	19818
day of the preceding month at a rate of one per cent per month.	19819
If	19820

The county treasurer shall file a copy of the order directing	19821
the rate and manner of charging interest under this division with	19822
the county treasurer and the tax commissioner. If interest is	19823
charged under division (B)(2) of this section, interest shall not	19824
be charged under division (B)(1) or (3) of this section.	19825

(3) On the first day of December, the interest shall be	19826
charged against and computed on all delinquent taxes. The charge	19827
shall be for interest that accrued during the period that began on	19828
the first day of the month following the last date prescribed for	19829
the payment of the second installment of taxes in the current year	19830
and ended on the immediately preceding last day of November. The	19831
interest shall be computed at the rate per annum prescribed by	19832
section 5703.47 of the Revised Code and shall be entered as a	19833
separate item on the tax list and duplicate compiled under section	19834
319.28 or 5721.011 of the Revised Code, whichever list and	19835
duplicate are first compiled after the date on which the interest	19836
is computed and charged. However, for tracts and lots on the real	19837
property tax suspension list under section 319.48 of the Revised	19838
Code, the interest shall not be entered on the tax list and	19839
duplicate compiled under section 319.28 of the Revised Code, but	19840
shall be entered on the first tax list and duplicate compiled	19841
under section 5721.011 of the Revised Code after the date on which	19842
the interest is computed and charged.	19843

(4) After a valid delinquent tax contract has been entered	19844
into for the payment of any delinquent taxes, no interest shall be	19845
charged against such delinquent taxes while the delinquent tax	19846
contract remains in effect in compliance with section 323.31 of	19847
the Revised Code. If a valid delinquent tax contract becomes void,	19848
interest shall be charged against the delinquent taxes for the	19849
periods that interest was not permitted to be charged while the	19850
delinquent tax contract was in effect. The interest shall be	19851
charged on the day the delinquent tax contract becomes void and	19852
shall equal the amount of interest that would have been charged	19853
against the unpaid delinquent taxes outstanding on the dates on	19854
which interest would have been charged thereon under divisions	19855
(B)(1), (2), and (3) of this section had the delinquent tax	19856
contract not been in effect.	19857

(C) If the full amount of the taxes due at either of the	19858
times prescribed by division (A) of this section is paid within	19859
ten days after such time, the county treasurer shall waive the	19860
collection of and the county auditor shall remit one-half of the	19861
penalty provided for in that division for failure to make that	19862
payment by the prescribed time.	19863

(D) The county treasurer shall compile and deliver to the	19864
county auditor a list of all tax payments the treasurer has	19865
received as provided in division (C) of this section. The list	19866
shall include any information required by the auditor for the	19867
remission of the penalties waived by the treasurer. The taxes so	19868
collected shall be included in the settlement next succeeding the	19869
settlement then in process.	19870

Sec. 323.156. (A) Within thirty days after a settlement of	19871
taxes under divisions (A),and (C)~~, and (H)~~ of section 321.24 of	19872
the Revised Code, the county treasurer shall certify to the tax	19873
commissioner one-half of the total amount of taxes on real	19874
property that were reduced pursuant to section 323.152 of the	19875
Revised Code for the preceding tax year~~, and one-half of the total~~	19876
~~amount of taxes on manufactured and mobile homes that were reduced~~	19877
~~pursuant to division (B) of section 323.152 of the Revised Code~~	19878
~~for the current tax year~~. The commissioner, within thirty days of	19879
the receipt of such certifications, shall provide for payment to	19880
the county treasurer, from the general revenue fund, of the amount	19881
certified, which shall be credited upon receipt to the county's	19882
undivided income tax fund, and an amount equal to two per cent of	19883
the amount by which taxes were reduced, which shall be credited	19884
upon receipt to the county general fund as a payment, in addition	19885
to the fees and charges authorized by sections 319.54 and 321.26	19886
of the Revised Code, to the county auditor and treasurer for the	19887
costs of administering the exemption provided under sections	19888
323.151 to 323.159 of the Revised Code.	19889

(B) On or before the second Monday in September of each year,	19890
the county treasurer shall certify to the tax commissioner the	19891
total amount by which the manufactured home taxes levied in that	19892
year were reduced pursuant to division (B) of section 323.152 of	19893
the Revised Code, as evidenced by the certificates of reduction	19894
and the tax duplicate certified to the county treasurer by the	19895
county auditor. The commissioner, within ninety days after the	19896
receipt of such certifications, shall provide for payment to the	19897
county treasurer, from the general revenue fund, of the amount	19898
certified, which shall be credited upon receipt to the county's	19899
undivided income tax fund, and an amount equal to two per cent of	19900
the amount by which taxes were reduced, which shall be credited	19901
upon receipt to the county general fund as a payment, in addition	19902
to the fees and charges authorized by sections 319.54 and 321.26	19903
of the Revised Code, to the county auditor and treasurer for the	19904
costs of administering the exemption provided under sections	19905
323.151 to 323.159 of the Revised Code.	19906

(C) Immediately upon receipt of funds into the county	19907
undivided income tax fund under this section, the auditor shall	19908
distribute the full amount thereof among the taxing districts in	19909
the county as though the total had been paid as taxes by each	19910
person for whom taxes were reduced under sections 323.151 to	19911
323.159 of the Revised Code.	19912

Sec. 323.73. (A) Except as provided in division (G) of this	19913
section or section 323.78 of the Revised Code, a parcel of	19914
abandoned land that is to be disposed of under this section shall	19915
be disposed of at a public auction scheduled and conducted as	19916
described in this section. At least twenty-one days prior to the	19917
date of the public auction, the clerk of court or sheriff of the	19918
county shall advertise the public auction in a newspaper of	19919
general circulation in the county in which the land is located.	19920
The advertisement shall include the date, time, and place of the	19921
auction, the permanent parcel number of the land if a permanent	19922
parcel number system is in effect in the county as provided in	19923
section 319.28 of the Revised Code or, if a permanent parcel	19924
number system is not in effect, any other means of identifying	19925
the parcel, and a notice stating that the abandoned land is to	19926
be sold subject to the terms of sections 323.65 to 323.79 of the	19927
Revised Code.	19928

(B) The sheriff of the county or a designee of the sheriff	19929
shall conduct the public auction at which the abandoned land will	19930
be offered for sale. To qualify as a bidder, a person shall file	19931
with the sheriff on a form provided by the sheriff a written	19932
acknowledgment that the abandoned land being offered for sale is	19933
to be conveyed in fee simple to the successful bidder. At the	19934
auction, the sheriff of the county or a designee of the sheriff	19935
shall begin the bidding at an amount equal to the total of the	19936
impositions against the abandoned land, plus the costs apportioned	19937
to the land under section 323.75 of the Revised Code. The	19938
abandoned land shall be sold to the highest bidder. The county	19939
sheriff or designee may reject any and all bids not meeting the	19940
minimum bid requirements specified in this division.	19941

(C) Except as otherwise permitted under section 323.74 of the	19942
Revised Code, the successful bidder at a public auction conducted	19943
under this section shall pay the sheriff of the county or a	19944
designee of the sheriff a deposit of at least ten per cent of the	19945
purchase price in cash, or by bank draft or official bank check,	19946
at the time of the public auction, and shall pay the balance of	19947
the purchase price within thirty days after the day on which the	19948
auction was held. Notwithstanding section 321.261 of the Revised	19949
Code, with respect to any proceedings initiated pursuant to	19950
sections 323.65 to 323.79 of the Revised Code, from the total	19951
proceeds arising from the sale, transfer, or redemption of	19952
abandoned land, twenty per cent of such proceeds shall be	19953
deposited to the credit of the delinquent tax and assessment	19954
collection fund to reimburse the fund for costs paid from the	19955
fund for the transfer, redemption, or sale of abandoned land at	19956
public auction. Not more than one-half of the twenty per cent may	19957
be used by the treasurer for community development, nuisance	19958
abatement, foreclosure prevention, demolition, and related	19959
services or distributed by the treasurer to a land reutilization	19960
corporation. The balance of the proceeds, if any, shall be	19961
distributed to the appropriate political subdivisions and other	19962
taxing units in proportion to their respective claims for	19963
taxes, assessments, interest, and penalties on the land. Upon	19964
the sale of foreclosed lands, the clerk of court shall hold any	19965
surplus proceeds in excess of the impositions until the clerk	19966
receives an order of priority and amount of distribution of the	19967
surplus that are adjudicated by a court of competent	19968
jurisdiction or receives a certified copy of an agreement between	19969
the parties entitled to a share of the surplus providing for the	19970
priority and distribution of the surplus. Any party to the action	19971
claiming a right to distribution of surplus shall have a	19972
separate cause of action in the county or municipal court of the	19973
jurisdiction in which the land reposes, provided the board	19974
confirms the transfer or regularity of the sale. Any dispute over	19975
the distribution of the surplus shall not affect or revive the	19976
equity of redemption after the board confirms the transfer or	19977
sale.	19978

(D) Upon the sale or transfer of abandoned land pursuant to	19979
this section, the owner's fee simple interest in the land shall	19980
be conveyed to the purchaser. A conveyance under this division is	19981
free and clear of any liens and encumbrances of the parties named	19982
in the complaint for foreclosure attaching before the sale or	19983
transfer, and free and clear of any liens for taxes, except for	19984
federal tax liens and covenants and easements of record attaching	19985
before the sale.	19986

(E) The county board of revision shall reject the sale of	19987
abandoned land to any person if it is shown by a preponderance of	19988
the evidence that the person is delinquent in the payment of taxes	19989
levied by or pursuant to Chapter 307., 322., 324., 5737., 5739.,	19990
5741., or 5743. of the Revised Code or any real property taxing	19991
provision of the Revised Code. The board also shall reject the	19992
sale of abandoned land to any person if it is shown by a	19993
preponderance of the evidence that the person is delinquent in the	19994
payment of property taxes on any parcel in the county, or to a	19995
member of any of the following classes of parties connected to	19996
that person:	19997

(1) A member of that person's immediate family;

19998

(2) Any other person with a power of attorney appointed by	19999
that person;	20000

(3) A sole proprietorship owned by that person or a member of	20001
that person's immediate family;	20002

(4) A partnership, trust, business trust, corporation,	20003
association, or other entity in which that person or a member of	20004
that person's immediate family owns or controls directly or	20005
indirectly any beneficial or legal interest.	20006

(F) If the purchase of abandoned land sold pursuant to this	20007
section or section 323.74 of the Revised Code is for less than the	20008
sum of the impositions against the abandoned land and the costs	20009
apportioned to the land under division (A) of section 323.75 of	20010
the Revised Code, then, upon the sale or transfer, all liens for	20011
taxes due at the time the deed of the property is conveyed to the	20012
purchaser following the sale or transfer, and liens subordinate	20013
to liens for taxes, shall be deemed satisfied and discharged.	20014

(G) If the county board of revision finds that the total of	20015
the impositions against the abandoned land are greater than the	20016
fair market value of the abandoned land as determined by the	20017
auditor's then-current valuation of that land, the board, at any	20018
final hearing under section 323.70 of the Revised Code, may order	20019
the property foreclosed and, without an appraisal or public	20020
auction, order the sheriff to execute a deed to the certificate	20021
holder or county land reutilization corporation that filed a	20022
complaint under section 323.69 of the Revised Code, or to a	20023
community development organization, school district, municipal	20024
corporation, county, or township, whichever is applicable, as	20025
provided in section 323.74 of the Revised Code~~, except that no~~	20026
~~deed shall be transferred to a county land reutilization~~	20027
~~corporation after two years following the filing of its articles~~	20028
~~of incorporation by the secretary of state~~. Upon a transfer under	20029
this division, all liens for taxes due at the time the deed of	20030
the property is transferred to the certificate holder, community	20031
development organization, school district, municipal	20032
corporation, county, or township following the conveyance, and	20033
liens subordinate to liens for taxes, shall be deemed satisfied	20034
and discharged.	20035

Sec. 323.74. (A) If a public auction is held for abandoned	20036
land pursuant to section 323.73 of the Revised Code, but the land	20037
is not sold at the public auction, the county board of revision	20038
may order the disposition of the abandoned land in accordance with	20039
division (B) or (C) of this section.	20040

(B) The abandoned land offered for sale at a public auction	20041
as described in section 323.73 of the Revised Code, but not sold	20042
at the auction, may be offered for sale in any usual and	20043
customary manner by the sheriff as otherwise provided by law. The	20044
subsequent public auction may be held in the same manner as the	20045
public auction was held under section 323.73 of the Revised Code,	20046
but the minimum bid at an auction held under this division shall	20047
be the lesser of fifty per cent of fair market value of the	20048
abandoned land as currently shown by the county auditor's latest	20049
valuation, or the sum of the impositions against the abandoned	20050
land plus the costs apportioned to the land under section 323.75	20051
of the Revised Code. Notice of any subsequent sale pursuant to	20052
this section may be given in the original notice of sale listing	20053
the time, date, and place of the subsequent sale.	20054

(C) Upon certification from the sheriff that abandoned land	20055
was offered for sale at a public auction as described in section	20056
323.73 of the Revised Code but was not purchased, a community	20057
development organization or any school district, municipal	20058
corporation, county, or township in which the land is located may	20059
request that title to the land be transferred to the community	20060
development organization, school district, municipal corporation,	20061
county, or township at the time described in this division. The	20062
request shall be delivered to the board of revision at any time	20063
from the date the complaint for foreclosure is filed under	20064
section 323.69 of the Revised Code, but not later than sixty days	20065
after the date on which the land was first offered for sale. A	20066
~~county land reutilization corporation may not submit such a~~	20067
~~request, and the board of revision shall not accept such a~~	20068
~~request submitted, after two years following the filing of the~~	20069
~~corporation's articles of incorporation by the secretary of~~	20070
~~state.~~ The request shall include a representation that the	20071
organization, district, or political subdivision, not later than	20072
thirty days after receiving legal title to the abandoned land,	20073
will begin basic exterior improvements that will protect the land	20074
from further unreasonable deterioration. The improvements shall	20075
include, but are not limited to, the removal of trash and refuse	20076
from the exterior of the premises and the securing of open,	20077
vacant, or vandalized areas on the exterior of the premises. The	20078
representation shall be deemed to have been given if the notice is	20079
supplied by an electing subdivision as defined in section 5722.01	20080
of the Revised Code.	20081

(D) The county board of revision, upon any adjudication of	20082
foreclosure and forfeiture against the abandoned land, may order	20083
the sheriff to dispose of the abandoned land as prescribed in	20084
sections 323.65 to 323.79 of the Revised Code~~, except that no~~	20085
~~interest in such abandoned lands shall be transferred to a county~~	20086
~~land reutilization corporation after two years following the~~	20087
~~filing of its articles of incorporation by the secretary of~~	20088
~~state~~. The order by the board shall include instructions to the	20089
sheriff to transfer the land to the specified community	20090
development organization, school district, municipal	20091
corporation, county, or township after payment of the costs of	20092
disposing of the abandoned land pursuant to section 323.75 of the	20093
Revised Code or, if any negotiated price has been agreed to	20094
between the county treasurer and the community development	20095
organization, school district, municipal corporation, county, or	20096
township, after payment of that negotiated price as certified by	20097
the board to the sheriff.	20098

(E) Upon receipt of payment under this section, the sheriff	20099
shall convey by sheriff's deed the fee simple interest in, and	20100
to, the abandoned land. If the abandoned land is transferred	20101
pursuant to division (D) of this section and the county treasurer	20102
reasonably determines that the transfer will result in the	20103
property being occupied, the county treasurer may waive, but is	20104
not required to waive, some or all of the impositions against the	20105
abandoned land or costs apportioned to the land under section	20106
323.75 of the Revised Code.	20107

(F) Upon a transfer under this section, all liens for taxes	20108
due at the time the deed of the property is conveyed to a	20109
purchaser or transferred to a community development organization,	20110
school district, municipal corporation, county, or township, and	20111
liens subordinate to liens for taxes, shall be deemed satisfied	20112
and discharged.	20113

(G) Any parcel that has been advertised and offered for sale	20114
pursuant to foreclosure proceedings and has not sold for want of	20115
bidders or been otherwise transferred under sections 323.65 to	20116
323.79 of the Revised Code shall be forfeited or otherwise	20117
disposed of in the same manner as lands under section 323.25 or	20118
5721.18 or Chapter 5723. of the Revised Code.	20119

Sec. 323.77. (A) As used in this section, "electing	20120
subdivision" has the same meaning as in section 5722.01 of the	20121
Revised Code.	20122

(B) At any time from the date the complaint for foreclosure	20123
is filed under section 323.69 of the Revised Code, but not later	20124
than sixty days after the date on which the land was first offered	20125
for sale, an electing subdivision or a county land reutilization	20126
corporation may give the county treasurer, prosecuting attorney,	20127
or board of revision notice in writing that it seeks to acquire	20128
any parcel of abandoned land, identified by parcel number, from	20129
the abandoned land list. If any such parcel of abandoned land	20130
identified under this section is offered for sale pursuant to	20131
section 323.73 of the Revised Code, but is not sold for want of a	20132
minimum bid, the electing subdivision or a county land	20133
reutilization corporation that identified that parcel of	20134
abandoned land shall be deemed to have appeared at the sale and	20135
submitted the winning bid at the auction, and the parcel of	20136
abandoned land shall be sold to the electing subdivision or	20137
corporation for no consideration other than the costs prescribed	20138
in section 323.75 of the Revised Code or those costs to which the	20139
electing subdivision or corporation and the county treasurer	20140
mutually agree. ~~No interest in such abandoned lands shall be~~	20141
~~transferred to a county land reutilization corporation under this~~	20142
~~section after two years following the filing of its articles of~~	20143
~~incorporation by the secretary of state.~~ The conveyance shall be	20144
confirmed, and any common law or statutory right of redemption	20145
forever terminated, upon the filing with the clerk of court the	20146
order of confirmation based on the adjudication of foreclosure	20147
by the county board of revision, which the clerk shall enter	20148
upon the journal of the court or a separate journal.	20149

If a county land reutilization corporation and an electing	20150
subdivision both request to acquire the parcel, the electing	20151
subdivision shall have priority to acquire the parcel.	20152
Notwithstanding its prior notice to the county treasurer under	20153
this section that it seeks to acquire the parcel of abandoned	20154
land, if a county land reutilization corporation has also	20155
requested to acquire the parcel, the electing subdivision may	20156
withdraw the notice before confirmation of the conveyance, in	20157
which case the parcel shall be conveyed to the county land	20158
reutilization corporation.	20159

Sec. 323.78. Notwithstanding anything in Chapters 323.,	20160
5721., and 5723. of the Revised Code, if the county treasurer of a	20161
county having a population of more than one million two hundred	20162
thousand as of the most recent decennial census, in any petition	20163
for foreclosure of abandoned lands, elects to invoke the	20164
alternative redemption period, then upon any adjudication of	20165
foreclosure by any court or the board of revision in any	20166
proceeding under section 323.25, sections 323.65 to 323.79, or	20167
section 5721.18 of the Revised Code, the following apply:	20168

(A) Unless otherwise ordered by a motion of the court or	20169
board of revision, the petition shall assert, and any notice of	20170
final hearing shall include, that upon foreclosure of the parcel,	20171
the equity of redemption in any parcel by its owner shall be	20172
forever terminated after the expiration of the alternative	20173
redemption period, that the parcel thereafter may be sold at	20174
sheriff's sale either by itself or together with other parcels as	20175
permitted by law; or that the parcel may, by order of the court or	20176
board of revision, be transferred directly to a municipal	20177
corporation, township, county, school district, or county land	20178
reutilization corporation without appraisal and without a sale,	20179
free and clear of all impositions and any other liens on the	20180
property, which shall be deemed forever satisfied and discharged.	20181

(B) After the expiration of the alternative redemption period	20182
following an adjudication of foreclosure, by order of the court or	20183
board of revision, any equity of redemption is forever	20184
extinguished, and the parcel may be transferred individually or	20185
in lots with other tax-foreclosed properties to a municipal	20186
corporation, township, county, school district, or county land	20187
reutilization corporation without appraisal and without a sale,	20188
upon which all impositions and any other liens subordinate to	20189
liens for impositions due at the time the deed to the property is	20190
conveyed to a purchaser or transferred to a community development	20191
organization, county land reutilization corporation, municipal	20192
corporation, county, township, or school district, shall be deemed	20193
satisfied and discharged. Other than the order of the court or	20194
board of revision so ordering the transfer of the parcel, no	20195
further act of confirmation or other order shall be required for	20196
such a transfer, or for the extinguishment of any right of	20197
redemption. ~~No such parcel shall be transferred to a county land~~	20198
~~reutilization corporation after two years following the filing of~~	20199
~~its articles of incorporation by the secretary of state.~~	20200

(C) Upon the expiration of the alternative redemption period	20201
in cases to which the alternative redemption period has been	20202
ordered, if no community development organization, county land	20203
reutilization corporation, municipal corporation, county,	20204
township, or school district has requested title to the parcel,	20205
the court or board of revision may order the property sold as	20206
otherwise provided in Chapters 323. and 5721. of the Revised	20207
Code, and, failing any bid at any such sale, the parcel shall be	20208
forfeited to the state and otherwise disposed of pursuant to	20209
Chapter 5723. of the Revised Code.	20210

Sec. 329.03. (A) As used in this section:

20211

~~(1) "Applicant"~~, "applicant" or "recipient" means anany of	20212
the following:	20213

(1) An applicant for or participant in the Ohio works first	20214
program established under Chapter 5107. of the Revised Code ~~or an~~;	20215

(2) An applicant for or recipient of disability financial	20216
assistance under Chapter 5115. of the Revised Code;	20217

(3) An applicant for or recipient of cash assistance provided	20218
under the refugee assistance program established under section	20219
5101.49 of the Revised Code.	20220

~~(2) "Voluntary direct deposit" means a system established~~	20221
~~pursuant to this section under which cash assistance payments to~~	20222
~~recipients who agree to direct deposit are made by direct deposit~~	20223
~~by electronic transfer to an account in a financial institution~~	20224
~~designated under this section.~~	20225

~~(3) "Mandatory direct deposit" means a system established~~	20226
~~pursuant to this section under which cash assistance payments to~~	20227
~~all participants in the Ohio works first program or recipients of~~	20228
~~disability financial assistance, other than those exempt under~~	20229
~~division (E) of this section, are made by direct deposit by~~	20230
~~electronic transfer to an account in a financial institution~~	20231
~~designated under this section.~~	20232

(B) ~~A board of county commissioners may by adoption of a~~	20233
~~resolution require the county department of job and family~~	20234
~~services to establish a direct deposit system for distributing~~	20235
~~cash assistance payments under Ohio works first, disability~~	20236
~~financial assistance, or both, unless the director of job and~~	20237
~~family services has provided for those payments to be made by~~	20238
~~electronic benefit transfer pursuant to section 5101.33 of the~~	20239
~~Revised Code. Voluntary or mandatory direct deposit may be~~	20240
~~applied to either of the programs. The resolution shall specify~~	20241
~~for each program for which direct deposit is to be established~~	20242
~~whether direct deposit is voluntary or mandatory. The board may~~	20243
~~require the department to change or terminate direct deposit by~~	20244
~~adopting a resolution to change or terminate it. Within ninety~~	20245
~~days after adopting a resolution under this division, the board~~	20246
~~shall certify one copy of the resolution to the director of job~~	20247
~~and family services and one copy to the office of budget and~~	20248
~~management. The director of job and family services may adopt~~	20249
~~rules governing establishment of direct deposit by county~~	20250
~~departments of job and family services.~~	20251

~~The county department of job and family services shall~~	20252
~~determine what type of account will be used for direct deposit and~~	20253
~~negotiate with financial institutions to determine the charges, if~~	20254
~~any, to be imposed by a financial institution for establishing and~~	20255
~~maintaining such accounts. Under voluntary direct deposit, the~~	20256
~~county department of job and family services may pay all charges~~	20257
~~imposed by a financial institution for establishing and~~	20258
~~maintaining an account in which direct deposits are made for a~~	20259
~~recipient. Under mandatory direct deposit, the county department~~	20260
~~of job and family services shall pay all charges imposed by a~~	20261
~~financial institution for establishing and maintaining such an~~	20262
~~account~~Each county department of job and family services shall	20263
establish a direct deposit system under which cash assistance	20264
payments to recipients who agree to direct deposit are made by	20265
electronic transfer to an account in a financial institution	20266
designated under this section. No financial institution shall	20267
impose any charge for such an account that the institution does	20268
not impose on its other customers for the same type of account.	20269
Direct deposit does not affect the exemption of Ohio works first	20270
and disability financial assistance from attachment, garnishment,	20271
or other like process afforded by sections 5107.75 and 5115.06 of	20272
the Revised Code.	20273

(C) ~~The~~Each county department of job and family services	20274
shall~~, within sixty days after a resolution requiring the~~	20275
~~establishment of direct deposit is adopted, establish procedures~~	20276
~~governing direct deposit.~~	20277

~~Within one hundred eighty days after the resolution is~~	20278
~~adopted, the county department shall~~do all of the following:	20279

(1) Inform each applicant or recipient that the applicant or	20280
recipient must choose whether to receive cash assistance payments	20281
under the direct deposit system established under this section or	20282
under the electronic benefit transfer system established under	20283
section 5101.33 of the Revised Code;	20284

(2) Inform each applicant and recipient of the conditions	20285
under which the applicant or recipient may change the system used	20286
to receive the cash assistance payments;	20287

(3) Inform each applicant or recipient of the procedures	20288
governing the direct deposit~~, including in the case of voluntary~~	20289
~~direct deposit those that prescribe the conditions under which a~~	20290
~~recipient may change from one method of payment to another~~system;	20291

~~(2) Obtain~~(4) If an applicant or recipient chooses to	20292
receive cash assistance payments under the direct deposit system,	20293
obtain from ~~each~~the applicant or recipient an authorization form	20294
to designate a financial institution equipped for and authorized	20295
by law to accept direct deposits by electronic transfer and the	20296
account into which the applicant or recipient wishes the payments	20297
to be made~~, or in the case of voluntary direct deposit states the~~	20298
~~applicant's or recipient's election to receive such payments in~~	20299
~~the form of a paper warrant~~;	20300

(5) If an applicant or recipient chooses to receive cash	20301
assistance payments under the electronic benefit transfer system	20302
established under section 5101.33 of the Revised Code, obtain from	20303
the applicant or recipient a signed form to that effect.	20304

The department may require a recipient to complete a new	20305
authorization form whenever the department considers it necessary.	20306

A recipient's designation of a financial institution and	20307
account shall remain in effect until withdrawn in writing or	20308
dishonored by the financial institution, except that no change may	20309
be made in the authorization form until the next eligibility	20310
redetermination of the recipient unless the county department	20311
~~feels~~determines that good ~~grounds exist~~cause exists for an	20312
earlier change or the financial institution dishonors the	20313
recipient's account.	20314

(D) An applicant or recipient without an account who ~~either~~	20315
~~agrees or is required~~completes an authorization form to receive	20316
cash assistance payments by direct deposit shall have ten days	20317
after receiving the authorization form to designate an account	20318
suitable for direct deposit. If within the required time the	20319
applicant or recipient does not make the designation ~~or requests~~	20320
~~that the department make the designation~~, the ~~department~~recipient	20321
shall ~~designate a financial institution and help the recipient to~~	20322
~~open an account~~receive cash assistance payments under the	20323
electronic benefit transfer system established under section	20324
5101.33 of the Revised Code.	20325

(E) ~~At the time of giving an applicant or recipient the~~	20326
~~authorization form, the county department of job and family~~	20327
~~services of a county with mandatory direct deposit shall inform~~	20328
~~each applicant or recipient of the basis for exemption and the~~	20329
~~right to request exemption from direct deposit.~~	20330

~~Under mandatory direct deposit, an applicant or recipient who~~	20331
~~wishes to receive payments in the form of a paper warrant shall~~	20332
~~record on the authorization form a request for exemption under~~	20333
~~this division and the basis for the exemption.~~	20334

~~The department shall exempt from mandatory direct deposit any~~	20335
~~recipient who requests exemption and is any of the following:~~	20336

~~(1) Over age sixty-five;~~

20337

~~(2) Blind or disabled;~~

20338

~~(3) Likely, in the judgment of the department, to be caused~~	20339
~~personal hardship by direct deposit.~~	20340

~~A recipient granted an exemption under this division shall~~	20341
~~receive payments for which the recipient is eligible in the form~~	20342
~~of paper warrants.~~	20343

~~(F) The county department of job and family services shall~~	20344
~~bear the full cost of the amount of any replacement warrant issued~~	20345
~~to a recipient for whom an authorization form as provided in this~~	20346
~~section has not been obtained within one hundred eighty days after~~	20347
~~the later of the date the board of county commissioners adopts a~~	20348
~~resolution requiring payments of financial assistance by direct~~	20349
~~deposit to accounts of recipients of Ohio works first or~~	20350
~~disability financial assistance or the date the recipient made~~	20351
~~application for assistance, and shall not be reimbursed by the~~	20352
~~state for any part of the cost. Thereafter, the county department~~	20353
~~of job and family services shall continue to bear the full cost of~~	20354
~~each replacement warrant issued until the board of county~~	20355
~~commissioners requires the county department of job and family~~	20356
~~services to obtain from each such recipient the authorization~~	20357
~~forms as provided in~~The director of job and family services may	20358
adopt rules governing direct deposit systems established under	20359
this section.	20360

Sec. 329.04. (A) The county department of job and family	20361
services shall have, exercise, and perform the following powers	20362
and duties:	20363

(1) Perform any duties assigned by the state department of	20364
job and family services regarding the provision of public family	20365
services, including the provision of the following services to	20366
prevent or reduce economic or personal dependency and to	20367
strengthen family life:	20368

(a) Services authorized by a Title IV-A program, as defined	20369
in section 5101.80 of the Revised Code;	20370

(b) Social services authorized by Title XX of the "Social	20371
Security Act" and provided for by section 5101.46 or 5101.461 of	20372
the Revised Code;	20373

(c) If the county department is designated as the child	20374
support enforcement agency, services authorized by Title IV-D of	20375
the "Social Security Act" and provided for by Chapter 3125. of	20376
the Revised Code. The county department may perform the services	20377
itself or contract with other government entities, and, pursuant	20378
to division (C) of section 2301.35 and section 2301.42 of the	20379
Revised Code, private entities, to perform the Title IV-D	20380
services.	20381

(d) Duties assigned under section 5111.98 of the Revised	20382
Code.	20383

(2) Administer disability financial assistance, as required	20384
by the state department of job and family services under section	20385
5115.03 of the Revised Code;	20386

(3) ~~Administer disability medical assistance, as required by~~	20387
~~the state department of job and family services under section~~	20388
~~5115.13 of the Revised Code;~~	20389

~~(4)~~ Administer burials insofar as the administration of	20390
burials was, prior to September 12, 1947, imposed upon the board	20391
of county commissioners and if otherwise required by state law;	20392

~~(5)~~(4) Cooperate with state and federal authorities in any	20393
matter relating to family services and to act as the agent of such	20394
authorities;	20395

~~(6)~~(5) Submit an annual account of its work and expenses to	20396
the board of county commissioners and to the state department of	20397
job and family services at the close of each fiscal year;	20398

~~(7)~~(6) Exercise any powers and duties relating to family	20399
services duties or workforce development activities imposed upon	20400
the county department of job and family services by law, by	20401
resolution of the board of county commissioners, or by order of	20402
the governor, when authorized by law, to meet emergencies during	20403
war or peace;	20404

~~(8)~~(7) Determine the eligibility for medical assistance of	20405
recipients of aid under Title XVI of the "Social Security Act";	20406

~~(9)~~(8) If assigned by the state director of job and family	20407
services under section 5101.515 or 5101.525 of the Revised Code,	20408
determine applicants' eligibility for health assistance under the	20409
children's health insurance program part II or part III;	20410

~~(10)~~(9) Enter into a plan of cooperation with the board of	20411
county commissioners under section 307.983, consult with the board	20412
in the development of the transportation work plan developed under	20413
section 307.985, establish with the board procedures under section	20414
307.986 for providing services to children whose families relocate	20415
frequently, and comply with the contracts the board enters into	20416
under sections 307.981 and 307.982 of the Revised Code that affect	20417
the county department;	20418

~~(11)~~(10) For the purpose of complying with a grant agreement	20419
the board of county commissioners enters into under sections	20420
307.98 and 5101.21 of the Revised Code, exercise the powers and	20421
perform the duties the grant agreement assigns to the county	20422
department;	20423

~~(12)~~(11) If the county department is designated as the	20424
workforce development agency, provide the workforce development	20425
activities specified in the contract required by section 330.05 of	20426
the Revised Code.	20427

(B) The powers and duties of a county department of job and	20428
family services are, and shall be exercised and performed, under	20429
the control and direction of the board of county commissioners.	20430
The board may assign to the county department any power or duty of	20431
the board regarding family services duties and workforce	20432
development activities. If the new power or duty necessitates the	20433
state department of job and family services changing its federal	20434
cost allocation plan, the county department may not implement the	20435
power or duty unless the United States department of health and	20436
human services approves the changes.	20437

Sec. 329.042. ~~The~~Each county department of job and family	20438
services shall certify eligible public assistance and nonpublic	20439
assistance households ~~eligible under the "Food Stamp Act of 1964,"~~	20440
~~78 Stat. 703, 7 U.S.C.A. 2011, as amended, and~~for the	20441
supplemental nutrition assistance program in accordance with	20442
federal and state ~~regulations adopted pursuant to such act,~~law to	20443
enable low-income households to participate in the ~~food stamp~~	20444
supplemental nutrition assistance program and thereby to purchase	20445
foods having a greater monetary value than is possible under	20446
public assistance standard allowances or other low-income budgets.	20447

~~The~~Each county department of job and family services shall	20448
administer the distribution of ~~food stamp~~supplemental nutrition	20449
assistance program benefits under the supervision of the	20450
department of job and family services. The benefits shall be	20451
distributed by a method approved by the department of job and	20452
family services in accordance with the "Food ~~Stamp~~and Nutrition	20453
Act of ~~1964," 78 Stat. 703,~~2008 (7 U.S.C.A. 2011~~, as amended,~~et	20454
seq.) and regulations issued thereunder.	20455

~~The document referred to as the "authorization-to-participate~~	20456
~~card," which shows the face value of the benefits an eligible~~	20457
~~household is entitled to receive on presentment of the document,~~	20458
~~shall be issued, immediately upon certification, to a household~~	20459
~~determined under division (C) of section 5101.54 of the Revised~~	20460
~~Code to be in immediate need of food assistance by being~~	20461
~~personally handed by a member of the staff of the county~~	20462
~~department of job and family services to the member of the~~	20463
~~household in whose name application was made for participation in~~	20464
~~the program or the authorized representative of such member of the~~	20465
~~household.~~	20466

Sec. 329.051. The county department of job and family	20467
services shall make voter registration applications as prescribed	20468
by the secretary of state under section 3503.10 of the Revised	20469
Code available to persons who are applying for, receiving	20470
assistance from, or participating in any of the following:	20471

(A) The disability financial assistance program established	20472
under Chapter 5115. of the Revised Code;	20473

(B) ~~The disability medical assistance program established~~	20474
~~under Chapter 5115. of the Revised Code;~~	20475

~~(C)~~ The medical assistance program established under Chapter	20476
5111. of the Revised Code;	20477

~~(D)~~(C) The Ohio works first program established under Chapter	20478
5107. of the Revised Code;	20479

~~(E)~~(D) The prevention, retention, and contingency program	20480
established under Chapter 5108. of the Revised Code.	20481

Sec. 329.06. (A) Except as provided in division (C) of this	20482
section and section 6301.08 of the Revised Code, the board of	20483
county commissioners shall establish a county family services	20484
planning committee. The board shall appoint a member to represent	20485
the county department of job and family services; an employee in	20486
the classified civil service of the county department of job and	20487
family services, if there are any such employees; and a member to	20488
represent the public. The board shall appoint other individuals to	20489
the committee in such a manner that the committee's membership is	20490
broadly representative of the groups of individuals and the public	20491
and private entities that have an interest in the family services	20492
provided in the county. The board shall make appointments in a	20493
manner that reflects the ethnic and racial composition of the	20494
county. The following groups and entities may be represented on	20495
the committee:	20496

(1) Consumers of family services;

20497

(2) The public children services agency;

20498

(3) The child support enforcement agency;

20499

(4) The county family and children first council;

20500

(5) Public and private colleges and universities;

20501

(6) Public entities that provide family services, including	20502
boards of health, boards of education, the county board of mental	20503
retardation and developmental disabilities, and the board of	20504
alcohol, drug addiction, and mental health services that serves	20505
the county;	20506

(7) Private nonprofit and for-profit entities that provide	20507
family services in the county or that advocate for consumers of	20508
family services in the county, including entities that provide	20509
services to or advocate for victims of domestic violence;	20510

(8) Labor organizations;

20511

(9) Any other group or entity that has an interest in the	20512
family services provided in the county, including groups or	20513
entities that represent any of the county's business, urban, and	20514
rural sectors.	20515

(B) The county family services planning committee shall do	20516
all of the following:	20517

(1) Serve as an advisory body to the board of county	20518
commissioners with regard to the family services provided in the	20519
county, including assistance under Chapters 5107. and 5108. of the	20520
Revised Code, publicly funded child care under Chapter 5104. of	20521
the Revised Code, and social services provided under section	20522
5101.46 of the Revised Code;	20523

(2) At least once a year, review and analyze the county	20524
department of job and family services' implementation of the	20525
programs established under Chapters 5107. and 5108. of the Revised	20526
Code. In its review, the committee shall use information available	20527
to it to examine all of the following:	20528

(a) Return of assistance groups to participation in either	20529
program after ceasing to participate;	20530

(b) Teen pregnancy rates among the programs' participants;

20531

(c) The other types of assistance the programs' participants	20532
receive, including ~~medical assistance~~medicaid under Chapter 5111.	20533
of the Revised Code, publicly funded child care under Chapter	20534
5104. of the Revised Code, ~~food stamp~~supplemental nutrition	20535
assistance program benefits under section 5101.54 of the Revised	20536
Code, and energy assistance under Chapter 5117. of the Revised	20537
Code;	20538

(d) Other issues the committee considers appropriate.

20539

The committee shall make recommendations to the board of	20540
county commissioners and county department of job and family	20541
services regarding the committee's findings.	20542

(3) Conduct public hearings on proposed county profiles for	20543
the provision of social services under section 5101.46 of the	20544
Revised Code;	20545

(4) At the request of the board, make recommendations and	20546
provide assistance regarding the family services provided in the	20547
county;	20548

(5) At any other time the committee considers appropriate,	20549
consult with the board and make recommendations regarding the	20550
family services provided in the county. The committee's	20551
recommendations may address the following:	20552

(a) Implementation and administration of family service	20553
programs;	20554

(b) Use of federal, state, and local funds available for	20555
family service programs;	20556

(c) Establishment of goals to be achieved by family service	20557
programs;	20558

(d) Evaluation of the outcomes of family service programs;

20559

(e) Any other matter the board considers relevant to the	20560
provision of family services.	20561

(C) If there is a committee in existence in a county on	20562
October 1, 1997, that the board of county commissioners determines	20563
is capable of fulfilling the responsibilities of a county family	20564
services planning committee, the board may designate the committee	20565
as the county's family services planning committee and the	20566
committee shall serve in that capacity.	20567

Sec. 340.033. (A) The board of alcohol, drug addiction, and	20568
mental health services shall serve as the planning agency for	20569
alcohol and drug addiction services for the county or counties in	20570
its service district. In accordance with procedures and guidelines	20571
established by the department of alcohol and drug addiction	20572
services, the board shall do all of the following:	20573

(1) Assess alcohol and drug addiction service needs and	20574
evaluate the need for alcohol and drug addiction programs;	20575

(2) According to the needs determined under division (A)(1)	20576
of this section, set priorities and develop plans for the	20577
operation of alcohol and drug addiction programs in cooperation	20578
with other local and regional planning and funding bodies and with	20579
relevant ethnic organizations;	20580

(3) Submit the plan for alcohol and drug addiction services	20581
required by section 3793.05 of the Revised Code to the department	20582
and implement the plan as approved by the department;	20583

(4) Provide to the department information to be included in	20584
the information system or systems established by the department	20585
under section 3793.04 of the Revised Code;	20586

(5) Enter into contracts with alcohol and drug addiction	20587
programs for the provision of alcohol and drug addiction services;	20588

(6) Review and evaluate alcohol and drug addiction programs	20589
in the district, and conduct program audits;	20590

(7) Prepare and submit to the department an annual report of	20591
the alcohol and drug addiction programs in the district;	20592

(8) Receive, compile, and transmit to the department	20593
applications for funding;	20594

(9) Promote, arrange, and implement working agreements with	20595
public and private social agencies and with judicial agencies;	20596

(10) Investigate, or request another agency to investigate,	20597
any complaint alleging abuse or neglect of any person receiving	20598
services from an alcohol or drug addiction program;	20599

(11) Establish a mechanism for the involvement of persons	20600
receiving services in, and obtaining their advice on, matters	20601
pertaining to alcohol or drug addiction services;	20602

(12) Recruit and promote local financial support, from	20603
private and public sources, for alcohol and drug addiction	20604
programs;	20605

(13) Approve fee schedules and related charges, adopt a unit	20606
cost schedule, or adopt other methods of payment for services	20607
provided by programs under contract pursuant to division (A)(5) of	20608
this section, in accordance with guidelines established by the	20609
department under section 3793.04 of the Revised Code.	20610

(B) In accordance with rules adopted by the auditor of state	20611
pursuant to section 117.20 of the Revised Code, at least annually	20612
the board shall audit all alcohol and drug addiction programs	20613
provided under contract with the board. The board may contract	20614
with private auditors for the performance of these audits. A copy	20615
of the fiscal audit report shall be provided to the director of	20616
alcohol and drug addiction services, the auditor of state, and the	20617
county auditor of each county in the board's district.	20618

(C) In contracting with a program under division (A)(5) of	20619
this section, a board shall consider the cost effectiveness of	20620
services provided by the program and the program's quality and	20621
continuity of care. The board may review cost elements, including	20622
salary costs, of the services provided by the program.	20623

A utilization review process shall be established as part of	20624
the contract for services. The board may establish this process in	20625
any way that it considers to be the most effective and efficient	20626
in meeting local needs.	20627

(D) If either the board or a program with which it contracts	20628
pursuant to division (A)(5) of this section proposes not to renew	20629
the contract or proposes substantial changes in contract terms on	20630
renewal of the contract, it shall give the other party to the	20631
contract written notice at least one hundred twenty days before	20632
the expiration date of the contract. During the first sixty days	20633
of this period, both parties shall attempt to resolve any dispute	20634
through good faith collaboration and negotiation in order that	20635
services to persons in need will be continued. If the dispute is	20636
not resolved during this time, either party may notify the	20637
department of alcohol and drug addiction services. The department	20638
may require both parties to submit the dispute to a mutually	20639
agreed upon third party with the cost to be shared by the board	20640
and the program. At least twenty days before the expiration of the	20641
contract, unless the board and the program agree to an extension,	20642
the third party shall issue to the board, program, and department,	20643
its recommendations for resolution of the dispute.	20644

The department shall adopt rules pursuant to Chapter 119. of	20645
the Revised Code establishing procedures for this dispute	20646
resolution process.	20647

(E) Section 307.86 of the Revised Code does not apply to	20648
contracts entered into pursuant to division (A)(5) of this	20649
section.	20650

(F)(1) With the prior approval of the department, a board of	20651
alcohol, drug addiction, and mental health services may operate an	20652
alcohol or drug addiction program as follows if there is no	20653
qualified program that is immediately available, willing to	20654
provide services, and able to obtain certification under Chapter	20655
3793. of the Revised Code:	20656

(a) In an emergency situation, any board may operate a	20657
program in order to provide essential services for the duration of	20658
the emergency;	20659

(b) In a service district with a population of at least one	20660
hundred thousand but less than five hundred thousand, a board may	20661
operate a program for no longer than one year;	20662

(c) In a service district with a population of less than one	20663
hundred thousand, a board may operate a program for no longer than	20664
one year, except that such a board may operate a program for	20665
longer than one year with the prior approval of the department and	20666
the prior approval of the board of county commissioners, or of a	20667
majority of the boards of county commissioners if the district is	20668
a joint-county district.	20669

(2) The department shall not give a board its approval to	20670
operate a program under division (F)(1)(c) of this section unless	20671
it determines that the board's program will provide greater	20672
administrative efficiency and more or better services than would	20673
be available if the board contracted with a program for provision	20674
of the services.	20675

(3) The department shall not give a board its approval to	20676
operate a program previously operated by a public or private	20677
entity unless the board has established to the department's	20678
satisfaction that the entity cannot effectively operate the	20679
program, or that the entity has requested the board to take over	20680
operation of the program.	20681

(4) The department shall review and evaluate the operation of	20682
each program operated by a board under this division.	20683

(5) Nothing in this division authorizes a board to administer	20684
or direct the daily operation of any program other than a program	20685
operated by the board under this division, but a program may	20686
contract with a board to receive administrative services or staff	20687
direction from the board under the direction of the governing body	20688
of the program.	20689

(G) If an investigation conducted pursuant to division	20690
(A)(10) of this section substantiates a charge of abuse or	20691
neglect, the board shall take whatever action it determines is	20692
necessary to correct the situation, including notification of the	20693
appropriate authorities. On request, the board shall provide	20694
information about such investigations to the department.	20695

(H) When the board sets priorities and develops plans for the	20696
operation of alcohol and drug addiction programs under division	20697
(A)(2) of this section, the board shall consult with the county	20698
commissioners of the counties in the board's service district	20699
regarding the services described in section 340.15 of the Revised	20700
Code and shall give a priority to those services, except that	20701
those services shall not have priority over services provided to	20702
pregnant women under programs developed in relation to the mandate	20703
established in section 3793.15 of the Revised Code. The plans	20704
shall identify funds the board and public children services	20705
agencies in the board's service district have available to fund	20706
jointly the services described in section 340.15 of the Revised	20707
Code.	20708

Sec. 343.01. (A) In order to comply with division (B) of	20709
section 3734.52 of the Revised Code, the board of county	20710
commissioners of each county shall do one of the following:	20711

(1) Establish, by resolution, and maintain a county solid	20712
waste management district under this chapter that consists of all	20713
the incorporated and unincorporated territory within the county	20714
except as otherwise provided in division (A) of this section;	20715

(2) With the boards of county commissioners of one or more	20716
other counties establish, by agreement, and maintain a joint solid	20717
waste management district under this chapter that consists of all	20718
the incorporated and unincorporated territory within the counties	20719
forming the joint district except as otherwise provided in	20720
division (A) of this section.	20721

If a municipal corporation is located in more than one solid	20722
waste management district, the entire municipal corporation shall	20723
be considered to be included in and shall be under the	20724
jurisdiction of the district in which a majority of the population	20725
of the municipal corporation resides.	20726

A county and joint district established to comply with	20727
division (B) of section 3734.52 of the Revised Code shall have a	20728
population of not less than one hundred twenty thousand unless, in	20729
the instance of a county district, the board of county	20730
commissioners has obtained an exemption from that requirement	20731
under division (C)(1) or (2) of that section. Each joint district	20732
established to comply with an order issued under division (D) of	20733
that section shall have a population of at least one hundred	20734
twenty thousand.	20735

(B) The boards of county commissioners of the counties	20736
establishing a joint district constitute, collectively, the board	20737
of directors of the joint district, except that if a county with a	20738
form of legislative authority other than a board of county	20739
commissioners participates, it shall be represented on the board	20740
of directors by three persons appointed by the legislative	20741
authority.	20742

The agreement to establish and maintain a joint district	20743
shall be ratified by resolution of the board of county	20744
commissioners of each participating county. Upon ratification, the	20745
board of directors shall take control of and manage the joint	20746
district subject to this chapter, except that, in the case of a	20747
joint district formed pursuant to division (C), (D), or (E) of	20748
section 343.012 of the Revised Code, the board of directors shall	20749
take control of and manage the district when the formation of the	20750
district becomes final under the applicable division. A majority	20751
of the board of directors constitutes a quorum, and a majority	20752
vote is required for the board to act.	20753

A county participating in a joint district may contribute	20754
lands or rights or interests therein, money, other personal	20755
property or rights or interests therein, or services to the	20756
district. The agreement shall specify any contributions of	20757
participating counties and the rights of the participating	20758
counties in lands or personal property, or rights or interests	20759
therein, contributed to or otherwise acquired by the joint	20760
district. The agreement may be amended or added to by a majority	20761
vote of the board of directors, but no amendment or addition shall	20762
divest a participating county of any right or interest in lands or	20763
personal property without its consent.	20764

The board of directors may appoint and fix the compensation	20765
of employees of, accept gifts, devises, and bequests for, and take	20766
other actions necessary to control and manage the joint district.	20767
Employees of the district shall be considered county employees for	20768
the purposes of Chapter 124. of the Revised Code and other	20769
provisions of state law applicable to employees. Instead of or in	20770
addition to appointing employees of the district, the board of	20771
directors may agree to use employees of one or more of the	20772
participating counties in the service of the joint district and to	20773
share in their compensation in any manner that may be agreed upon.	20774

The board of directors shall do one of the following:

20775

(1) Designate the county auditor, including any other	20776
official acting in a capacity similar to a county auditor under a	20777
county charter, of a county participating in the joint district as	20778
the fiscal officer of the district, and the county treasurer, or	20779
other official acting in a capacity similar to a county treasurer	20780
under a county charter, of that county as the treasurer of the	20781
district. The designated county officials shall perform any	20782
applicable duties for the district as each typically performs for	20783
the county of which hethe individual is an official, except as	20784
otherwise may be provided in any bylaws or resolutions adopted by	20785
the board of directors. The board of directors may pay to that	20786
county any amount agreed upon by the board of directors and the	20787
board of county commissioners of that county to reimburse that	20788
county for the cost properly allocable to the service of its	20789
officials as fiscal officer and treasurer of the joint district.	20790

(2) Appoint one individual who is neither a county auditor	20791
nor a county treasurer, and who may be an employee of the	20792
district, to serve as both the treasurer of the district and its	20793
fiscal officer. That individual shall act as custodian of the	20794
funds of the board and the district and shall maintain all	20795
accounts of the district. Any reference in this chapter or Chapter	20796
3734. of the Revised Code to a county auditor or county treasurer	20797
serving as fiscal officer of a district or custodian of any funds	20798
of a board or district is deemed to refer to an individual	20799
appointed under division (B)(2) of this section.	20800

The fiscal officer of a district shall establish a general	20801
fund and any other necessary funds for the district.	20802

(C) A board of county commissioners of a county district or	20803
board of directors of a joint district may acquire, by purchase or	20804
lease, construct, improve, enlarge, replace, maintain, and operate	20805
such solid waste collection systems within their respective	20806
districts and such solid waste facilities within or outside their	20807
respective districts as are necessary for the protection of the	20808
public health. A board of county commissioners may acquire within	20809
its county real property or any estate, interest, or right	20810
therein, by appropriation or any other method, for use by a county	20811
or joint district in connection with such facilities.	20812
Appropriation proceedings shall be conducted in accordance with	20813
sections 163.01 to 163.22 of the Revised Code.	20814

(D) The sanitary engineer or sanitary engineering department	20815
of a county maintaining a district and any sanitary engineer or	20816
sanitary engineering department of a county in a joint district,	20817
as determined by the board of directors, in addition to other	20818
duties assigned to that engineer or department, shall assist the	20819
board of county commissioners or directors in the performance of	20820
their duties under this chapter and sections 3734.52 to 3734.575	20821
of the Revised Code and shall be charged with any other duties and	20822
services in relation thereto that the board prescribes. A board	20823
may employ registered professional engineers to assist the	20824
sanitary engineer in those duties and also may employ financial	20825
advisers and any other professional services it considers	20826
necessary to assist it in the construction, financing, and	20827
maintenance of solid waste collection or other solid waste	20828
facilities. Such contracts of employment shall not require the	20829
certificate provided in section 5705.41 of the Revised Code.	20830
Payment for such services may be made from the general fund or any	20831
other fund legally available for that use at times that are agreed	20832
upon or as determined by the board of county commissioners or	20833
directors, and the funds may be reimbursed from the proceeds of	20834
bonds or notes issued to pay the cost of any improvement to which	20835
the services related.	20836

(E)(1) The prosecuting attorney of the county shall serve as	20837
the legal advisor of a county district and shall provide such	20838
services to the board of county commissioners of the district as	20839
are required or authorized to be provided to other county boards	20840
under Chapter 309. of the Revised Code, except that, if the board	20841
considers it to be necessary or appropriate, the board, on its own	20842
initiative, may employ an attorney or other legal counsel on an	20843
annual basis to serve as the legal advisor of the district in	20844
place of the prosecuting attorney. When the prosecuting attorney	20845
is serving as the district's legal advisor and the board considers	20846
it to be necessary or appropriate, the board, on its own	20847
initiative, may employ an attorney or other legal counsel to	20848
represent or advise the board regarding a particular matter in	20849
place of the prosecuting attorney. The employment of an attorney	20850
or other legal counsel on an annual basis or in a particular	20851
matter is not subject to or governed by sections 305.14 and 309.09	20852
of the Revised Code.	20853

Notwithstanding the employment of an attorney or other legal	20854
counsel on an annual basis to serve as the district's legal	20855
advisor, the board may require written opinions or instructions	20856
from the prosecuting attorney under section 309.09 of the Revised	20857
Code in matters connected with its official duties as though the	20858
prosecuting attorney were serving as the legal advisor of the	20859
district.	20860

(2) The board of directors of a joint district may designate	20861
the prosecuting attorney of one of the counties forming the	20862
district to serve as the legal advisor of the district. When so	20863
designated, the prosecuting attorney shall provide such services	20864
to the joint district as are required or authorized to be provided	20865
to county boards under Chapter 309. of the Revised Code. The board	20866
of directors may pay to that county any amount agreed upon by the	20867
board of directors and the board of county commissioners of that	20868
county to reimburse that county for the cost properly allocable to	20869
the services of its prosecuting attorney as the legal advisor of	20870
the joint district. When that prosecuting attorney is so serving	20871
and the board considers it to be necessary or appropriate, the	20872
board, on its own initiative, may employ an attorney or other	20873
legal counsel to represent or advise the board regarding a	20874
particular matter in place of the prosecuting attorney.	20875

Instead of designating the prosecuting attorney of one of the	20876
counties forming the district to be the legal advisor of the	20877
district, the board of directors may employ on an annual basis an	20878
attorney or other legal counsel to serve as the district's legal	20879
advisor. Notwithstanding the employment of an attorney or other	20880
legal counsel as the district's legal advisor, the board of	20881
directors may require written opinions or instructions from the	20882
prosecuting attorney of any of the counties forming the district	20883
in matters connected with the board's official duties, and the	20884
prosecuting attorney shall provide the written opinion or	20885
instructions as though hethe prosecuting attorney had been	20886
designated to serve as the district's legal advisor under division	20887
(E)(2) of this section.	20888

(F) A board of county commissioners may issue bonds or bond	20889
anticipation notes of the county to pay the cost of preparing	20890
general and detailed plans and other data required for the	20891
construction of solid waste facilities in connection with a county	20892
or joint district. A board of directors of a joint solid waste	20893
management district may issue bonds or bond anticipation notes of	20894
the joint solid waste management district to pay the cost of	20895
preparing general and detailed plans and other data required for	20896
the construction of solid waste facilities in connection with a	20897
joint district. The bonds and notes shall be issued in accordance	20898
with Chapter 133. of the Revised Code, except that the maximum	20899
maturity of bonds issued for that purpose shall not exceed ten	20900
years. Bond anticipation notes may be paid from the proceeds of	20901
bonds issued either to pay the cost of the solid waste facilities	20902
or to pay the cost of the plans and other data.	20903

(G) To the extent authorized by the solid waste management	20904
plan of the district approved under section 3734.521 or 3734.55 of	20905
the Revised Code or subsequent amended plans of the district	20906
approved under section 3734.521 or 3734.56 of the Revised Code,	20907
the board of county commissioners of a county district or board of	20908
directors of a joint district may adopt, publish, and enforce	20909
rules doing any of the following:	20910

(1) Prohibiting or limiting the receipt of solid wastes	20911
generated outside the district or outside a service area	20912
prescribed in the solid waste management plan or amended plan, at	20913
facilities ~~covered by the plan~~located within the solid waste	20914
management district, consistent with the projections contained in	20915
the plan or amended plan under divisions (A)(6) and (7) of section	20916
3734.53 of the Revised Code~~, except that~~. However, rules adopted	20917
by a board under division (G)(1) of this section may be adopted	20918
and enforced with respect to solid waste disposal facilities in	20919
the solid waste management district that are not owned by a	20920
county or the solid waste management district only if the board	20921
submits an application to the director of environmental	20922
protection that demonstrates that there is insufficient capacity	20923
to dispose of all solid wastes that are generated within the	20924
district at the solid waste disposal facilities located within	20925
the district and the director approves the application. The	20926
demonstration in the application shall be based on projections	20927
contained in the plan or amended plan of the district. The	20928
director shall establish the form of the application. The approval	20929
or disapproval of such an application by the director is an action	20930
that is appealable under section 3745.04 of the Revised Code.	20931

In addition, the director of environmental protection may	20932
issue an order modifying a rule adopted under division (G)(1) of	20933
this section to allow the disposal in the district of solid wastes	20934
from another county or joint solid waste management district if	20935
all of the following apply:	20936

(a) The district in which the wastes were generated does not	20937
have sufficient capacity to dispose of solid wastes generated	20938
within it for six months following the date of the director's	20939
order;	20940

(b) No new solid waste facilities will begin operation during	20941
those six months in the district in which the wastes were	20942
generated and, despite good faith efforts to do so, it is	20943
impossible to site new solid waste facilities within the district	20944
because of its high population density;	20945

(c) The district in which the wastes were generated has made	20946
good faith efforts to negotiate with other districts to	20947
incorporate its disposal needs within those districts' solid waste	20948
management plans, including efforts to develop joint facilities	20949
authorized under section 343.02 of the Revised Code, and the	20950
efforts have been unsuccessful;	20951

(d) The district in which the wastes were generated has	20952
located a facility willing to accept the district's solid wastes	20953
for disposal within the receiving district;	20954

(e) The district in which the wastes were generated has	20955
demonstrated to the director that the conditions specified in	20956
divisions (G)(1)(a) to (d) of this section have been met;	20957

(f) The director finds that the issuance of the order will be	20958
consistent with the state solid waste management plan and that	20959
receipt of the out-of-district wastes will not limit the capacity	20960
of the receiving district to dispose of its in-district wastes to	20961
less than eight years.	20962

Any order issued under division (G)(1) of this section shall not	20963
become final until thirty days after it has been served by	20964
certified mail upon the county or joint solid waste management	20965
district that will receive the out-of-district wastes.	20966

(2) Governing the maintenance, protection, and use of solid	20967
waste collection or other solid waste facilities located within	20968
its district. The rules adopted under division (G)(2) of this	20969
section shall not establish design standards for solid waste	20970
facilities and shall be consistent with the solid waste provisions	20971
of Chapter 3734. of the Revised Code and the rules adopted under	20972
those provisions. The rules adopted under division (G)(2) of this	20973
section may prohibit any person, municipal corporation, township,	20974
or other political subdivision from constructing, enlarging, or	20975
modifying any solid waste facility until general plans and	20976
specifications for the proposed improvement have been submitted to	20977
and approved by the board of county commissioners or board of	20978
directors as complying with the solid waste management plan or	20979
amended plan of the district. The construction of such a facility	20980
shall be done under the supervision of the county sanitary	20981
engineer or, in the case of a joint district, a county sanitary	20982
engineer designated by the board of directors, and any person,	20983
municipal corporation, township, or other political subdivision	20984
proposing or constructing such improvements shall pay to the	20985
county or joint district all expenses incurred by the board in	20986
connection therewith. The sanitary engineer may enter upon any	20987
public or private property for the purpose of making surveys or	20988
examinations necessary for designing solid waste facilities or for	20989
supervising the construction, enlargement, modification, or	20990
operation of any such facilities. No person, municipal	20991
corporation, township, or other political subdivision shall forbid	20992
or interfere with the sanitary engineer or ~~his~~the sanitary	20993
engineer's authorized assistants entering upon such property for	20994
that purpose. If actual damage is done to property by the making	20995
of the surveys and examinations, a board shall pay the reasonable	20996
value of that damage to the owner of the property damaged, and the	20997
cost shall be included in the financing of the improvement for	20998
which the surveys and examinations are made.	20999

(3) Governing the development and implementation of a program	21000
for the inspection of solid wastes generated outside the	21001
boundaries of this state that are disposed of at solid waste	21002
facilities included in the district's solid waste management plan	21003
or amended plan. A board of county commissioners or board of	21004
directors or its authorized representative may enter upon the	21005
premises of any solid waste facility included in the district's	21006
solid waste management plan or amended plan for the purpose of	21007
conducting the inspections required or authorized by the rules	21008
adopted under division (G)(3) of this section. No person,	21009
municipal corporation, township, or other political subdivision	21010
shall forbid or interfere with a board of county commissioners or	21011
directors or its authorized representative entering upon the	21012
premises of any such solid waste facility for that purpose.	21013

(4) Exempting the owner or operator of any existing or	21014
proposed solid waste facility provided for in the plan or amended	21015
plan from compliance with any amendment to a township zoning	21016
resolution adopted under section 519.12 of the Revised Code or to	21017
a county rural zoning resolution adopted under section 303.12 of	21018
the Revised Code that rezoned or redistricted the parcel or	21019
parcels upon which the facility is to be constructed or modified	21020
and that became effective within two years prior to the filing of	21021
an application for a permit required under division (A)(2)(a) of	21022
section 3734.05 of the Revised Code to open a new or modify an	21023
existing solid waste facility.	21024

(H) A board of county commissioners or board of directors may	21025
enter into a contract with any person, municipal corporation,	21026
township, or other political subdivision for the operation and	21027
maintenance of any solid waste facilities regardless of whether	21028
the facilities are owned or leased by the county or joint district	21029
or the contractor.	21030

(I)(1) No person, municipal corporation, township, or other	21031
political subdivision shall tamper with or damage any solid waste	21032
facility constructed under this chapter or any apparatus or	21033
accessory connected therewith or pertaining thereto, fail or	21034
refuse to comply with the applicable rules adopted by a board of	21035
county commissioners or directors under division (G)(1), (2), (3),	21036
or (4) of this section, refuse to permit an inspection or	21037
examination by a sanitary engineer as authorized under division	21038
(G)(2) of this section, or refuse to permit an inspection by a	21039
board of county commissioners or directors or its authorized	21040
representative as required or authorized by rules adopted under	21041
division (G)(3) of this section.	21042

(2) If the board of county commissioners of a county district	21043
or board of directors of a joint district has established facility	21044
designations under section 343.013, 343.014, or 343.015 of the	21045
Revised Code, or the director has established facility	21046
designations in the initial or amended plan of the district	21047
prepared and ordered to be implemented under section 3734.521,	21048
3734.55, or 3734.56 of the Revised Code, no person, municipal	21049
corporation, township, or other political subdivision shall	21050
deliver, or cause the delivery of, any solid wastes generated	21051
within a county or joint district to any solid waste facility	21052
other than the facility designated under section 343.013, 343.014,	21053
or 343.015 of the Revised Code, or in the initial or amended plan	21054
of the district prepared and ordered to be implemented under	21055
section 3734.521, 3734.55, or 3734.56 of the Revised Code, as	21056
applicable. Upon the request of a person or the legislative	21057
authority of a municipal corporation or township, the board of	21058
county commissioners of a county district or board of directors of	21059
a joint district may grant a waiver authorizing the delivery of	21060
all or any portion of the solid wastes generated in a municipal	21061
corporation or township to a solid waste facility other than the	21062
facility designated under section 343.013, 343.014, or 343.015 of	21063
the Revised Code, or in the initial or amended plan of the	21064
district prepared and ordered to be implemented under section	21065
3734.521, 3734.55, or 3734.56 of the Revised Code, as applicable,	21066
regardless of whether the other facility is located within or	21067
outside of the district, if the board finds that delivery of those	21068
solid wastes to the other facility is not inconsistent with the	21069
projections contained in the district's initial or amended plan	21070
under divisions (A)(6) and (7) of section 3734.53 of the Revised	21071
Code as approved or ordered to be implemented and will not	21072
adversely affect the implementation and financing of the	21073
district's initial or amended plan pursuant to the implementation	21074
schedule contained in it under divisions (A)(12)(a) to (d) of that	21075
section. The board shall act on a request for such a waiver within	21076
ninety days after receiving the request. Upon granting such a	21077
waiver, the board shall send notice of that fact to the director.	21078
The notice shall indicate to whom the waiver was granted. Any	21079
waiver or authorization granted by a board on or before October	21080
29, 1993, shall continue in force until the board takes action	21081
concerning the same entity under this division or until action is	21082
taken under division (G) of section 343.014 of the Revised Code.	21083

(J) Divisions (G)(1) to (4) and (I)(2) of this section do not	21084
apply to the construction, operation, use, repair, enlargement, or	21085
modification of either of the following:	21086

(1) A solid waste facility owned by a generator of solid	21087
wastes when the solid waste facility exclusively disposes of solid	21088
wastes generated at one or more premises owned by the generator	21089
regardless of whether the facility is located on a premises where	21090
the wastes are generated;	21091

(2) A facility that exclusively disposes of wastes that are	21092
generated from the combustion of coal, or from the combustion of	21093
primarily coal in combination with scrap tires, that is not	21094
combined in any way with garbage at one or more premises owned by	21095
the generator.	21096

(K)(1) A member of the board of county commissioners of a	21097
county solid waste management district, member of the board of	21098
directors of a joint solid waste management district, member of	21099
the board of trustees of a regional solid waste management	21100
authority managing a county or joint solid waste management	21101
district, or officer or employee of any solid waste management	21102
district, for the purposes of sections 102.03, 102.04, 2921.41,	21103
and 2921.42 of the Revised Code, shall not be considered to be	21104
directly or indirectly interested in, or improperly influenced by,	21105
any of the following:	21106

(a) A contract entered into under this chapter or section	21107
307.15 or sections 3734.52 to 3734.575 of the Revised Code between	21108
the district and any county forming the district, municipal	21109
corporation or township located within the district, or health	21110
district having territorial jurisdiction within the district, of	21111
which that member, officer, or employee also is an officer or	21112
employee, but only to the extent that any interest or influence	21113
could arise from ~~his~~holding public office or employment with the	21114
political subdivision or health district;	21115

(b) A contract entered into under this chapter or section	21116
307.15 or sections 3734.52 to 3734.575 of the Revised Code between	21117
the district and a county planning commission organized under	21118
section 713.22 of the Revised Code, or regional planning	21119
commission created under section 713.21 of the Revised Code,	21120
having territorial jurisdiction within the district, of which that	21121
member also is a member, officer, or employee, but only to the	21122
extent that any interest or influence could arise from ~~his~~holding	21123
public office or employment with the commission;	21124

(c) An expenditure of money made by the district for the	21125
benefit of any county forming the district, municipal corporation	21126
or township located within the district, or health district or	21127
county or regional planning commission having territorial	21128
jurisdiction within the district, of which that member also is a	21129
member, officer, or employee, but only to the extent that any	21130
interest or influence could arise from ~~his~~holding public office	21131
or employment with the political subdivision, health district, or	21132
commission;	21133

(d) An expenditure of money made for the benefit of the	21134
district by any county forming the district, municipal corporation	21135
or township located within the district, or health district or	21136
county or regional planning commission having territorial	21137
jurisdiction within the district, of which that member also is a	21138
member, officer, or employee, but only to the extent that any	21139
interest or influence could arise from ~~his~~holding public office	21140
or employment with the political subdivision, health district, or	21141
commission.	21142

(2) A solid waste management district, county, municipal	21143
corporation, township, health district, or planning commission	21144
described or referred to in divisions (K)(1)(a) to (d) of this	21145
section shall not be construed to be the business associate of a	21146
person who is concurrently a member of the board of county	21147
commissioners, directors, or trustees, or an officer or employee,	21148
of the district and an officer or employee of that municipal	21149
corporation, county, township, health district, or planning	21150
commission for the purposes of sections 102.03, 2921.42, and	21151
2921.43 of the Revised Code. Any person who is concurrently a	21152
member of the board of county commissioners, directors, or	21153
trustees, or an officer or employee, of a solid waste management	21154
district so described or referred to and an officer or employee of	21155
a county, municipal corporation, township, health district, or	21156
planning commission so described or referred to may participate	21157
fully in deliberations concerning and vote on or otherwise	21158
participate in the approval or disapproval of any contract or	21159
expenditure of funds described in those divisions as a member of	21160
the board of county commissioners or directors, or an officer or	21161
employee, of a county or joint solid waste management district;	21162
member of the board of trustees, or an officer or employee, of a	21163
regional solid waste management authority managing a county or	21164
joint solid waste management district; member of the legislative	21165
authority, or an officer or employee, of a county forming the	21166
district; member of the legislative authority, or an officer or	21167
employee, of a municipal corporation or township located within	21168
the district; member of the board of health, or an officer or	21169
employee, of a health district having territorial jurisdiction	21170
within the district; or member of the planning commission, or an	21171
officer or employee of a county or regional planning commission	21172
having territorial jurisdiction within the district.	21173

(3) Nothing in division (K)(1) or (2) of this section shall	21174
be construed to exempt any member of the board of county	21175
commissioners, directors, or trustees, or an officer or employee,	21176
of a solid waste management district from a conflict of interest	21177
arising because of a personal or private business interest.	21178

(4) A member of the board of county commissioners of a county	21179
solid waste management district, board of directors of a joint	21180
solid waste management district, or board of trustees of a	21181
regional solid waste management authority managing a county or	21182
joint solid waste management district, or an officer or employee,	21183
of any such solid waste management district, neither shall be	21184
disqualified from holding any other public office or position of	21185
employment nor be required to forfeit any other public office or	21186
position of employment by reason of ~~his~~ serving as a member of the	21187
board of county commissioners, directors, or trustees, or as an	21188
officer or employee, of the district, notwithstanding any	21189
requirement to the contrary under the common law of this state or	21190
the Revised Code.	21191

(L) As used in this chapter:

21192

(1) "Board of health," "disposal," "health district," "scrap	21193
tires," and "solid waste transfer facility" have the same meanings	21194
as in section 3734.01 of the Revised Code.	21195

(2) "Change in district composition" and "change" have the	21196
same meaning as in section 3734.521 of the Revised Code.	21197

(3)(a) Except as provided in division (L)(3)(b) or (c), and	21198
(d), of this section, "solid wastes" has the same meaning as in	21199
section 3734.01 of the Revised Code.	21200

(b) If the solid waste management district is not one that	21201
resulted from proceedings for a change in district composition	21202
under sections 343.012 and 3734.521 of the Revised Code, until	21203
such time as an amended solid waste management plan is approved	21204
under section 3734.56 of the Revised Code, "solid wastes" need not	21205
include scrap tires unless the solid waste management policy	21206
committee established under section 3734.54 of the Revised Code	21207
for the district chooses to include the management of scrap tires	21208
in the district's initial solid waste management plan prepared	21209
under sections 3734.54 and 3734.55 of the Revised Code.	21210

(c) If the solid waste management district is one resulting	21211
from proceedings for a change in district composition under	21212
sections 343.012 and 3734.521 of the Revised Code and if the	21213
change involves an existing district that is operating under	21214
either an initial solid waste management plan approved or prepared	21215
and ordered to be implemented under section 3734.55 of the Revised	21216
Code or an initial or amended plan approved or prepared and	21217
ordered to be implemented under section 3734.521 of the Revised	21218
Code that does not provide for the management of scrap tires and	21219
scrap tire facilities, until such time as the amended plan of the	21220
district resulting from the change is approved under section	21221
3734.56 of the Revised Code, "solid wastes" need not include scrap	21222
tires unless the solid waste management policy committee	21223
established under division (C) of section 3734.521 of the Revised	21224
Code for the district chooses to include the management of scrap	21225
tires in the district's initial or amended solid waste management	21226
plan prepared under section 3734.521 of the Revised Code in	21227
connection with the change proceedings.	21228

(d) If the policy committee chooses to include the management	21229
of scrap tires in an initial plan prepared under sections 3734.54	21230
and 3734.55 of the Revised Code or in an initial or amended plan	21231
prepared under section 3734.521 of the Revised Code, the board of	21232
county commissioners or directors shall execute all of the duties	21233
imposed and may exercise any or all of the rights granted under	21234
this section for the purpose of managing solid wastes that consist	21235
of scrap tires.	21236

(4)(a) Except as provided in division (L)(4)(b) or (c), and	21237
(d) of this section, "facility" has the same meaning as in section	21238
3734.01 of the Revised Code and also includes any solid waste	21239
transfer, recycling, or resource recovery facility.	21240

(b) If the solid waste management district is not one that	21241
resulted from proceedings for a change in district composition	21242
under sections 343.012 and 3734.521 of the Revised Code, until	21243
such time as an amended solid waste management plan is approved	21244
under section 3734.56 of the Revised Code, "facility" need not	21245
include any scrap tire collection, storage, monocell, monofill, or	21246
recovery facility unless the solid waste management policy	21247
committee established under section 3734.54 of the Revised Code	21248
for the district chooses to include the management of scrap tire	21249
facilities in the district's initial solid waste management plan	21250
prepared under sections 3734.54 and 3734.55 of the Revised Code.	21251

(c) If the solid waste management district is one resulting	21252
from proceedings for a change in district composition under	21253
sections 343.012 and 3734.521 of the Revised Code and if the	21254
change involves an existing district that is operating under	21255
either an initial solid waste management plan approved under	21256
section 3734.55 of the Revised Code or an initial or amended plan	21257
approved or prepared and ordered to be implemented under section	21258
3734.521 of the Revised Code that does not provide for the	21259
management of scrap tires and scrap tire facilities, until such	21260
time as the amended plan of the district resulting from the change	21261
is approved under section 3734.56 of the Revised Code, "facility"	21262
need not include scrap tires unless the solid waste management	21263
policy committee established under division (C) of section	21264
3734.521 of the Revised Code for the district chooses to include	21265
the management of scrap tires in the district's initial or amended	21266
solid waste management plan prepared under section 3734.521 of the	21267
Revised Code in connection with the change proceedings.	21268

(d) If the policy committee chooses to include the management	21269
of scrap tires in an initial plan prepared under sections 3734.54	21270
and 3734.55 of the Revised Code or in an initial or amended plan	21271
prepared under section 3734.521 of the Revised Code, the board of	21272
county commissioners or directors shall execute all of the duties	21273
imposed and may exercise any or all of the rights granted under	21274
this section for the purpose of managing solid waste facilities	21275
that are scrap tire collection, storage, monocell, monofill, or	21276
recovery facilities.	21277

Sec. 351.01. As used in this chapter:

21278

(A) "Convention facilities authority" means a body corporate	21279
and politic created pursuant to section 351.02 of the Revised	21280
Code.	21281

(B) "Governmental agency" means a department, division, or	21282
other unit of the state government or of a municipal corporation,	21283
county, township, or other political subdivision of the state; any	21284
state university or college, as defined in section 3345.12 of the	21285
Revised Code, community college, state community college,	21286
university branch, or technical college; any other public	21287
corporation or agency having the power to acquire, construct, or	21288
operate facilities; the United States or any agency thereof; and	21289
any agency, commission, or authority established pursuant to an	21290
interstate compact or agreement.	21291

(C) "Person" means any individual, firm, partnership,	21292
association, or corporation, or any combination of them.	21293

(D) "Facility" or "facilities" means any convention,	21294
entertainment, or sports facility, or combination of them, located	21295
within the territory of the convention facilities authority,	21296
together with all hotels, parking facilities, walkways, and other	21297
auxiliary facilities, real and personal property, property rights,	21298
easements and interests that may be appropriate for, or used in	21299
connection with, the operation of the facility.	21300

(E) "Cost" means the cost of acquisition of all land,	21301
rights-of-way, property rights, easements, franchise rights, and	21302
interests required for such acquisition; the cost of demolishing	21303
or removing any buildings or structures on land so acquired,	21304
including the cost of acquiring any lands to which such buildings	21305
or structures may be moved; the cost of acquiring or constructing	21306
and equipping a principal office of the convention facilities	21307
authority; the cost of diverting highways, interchange of	21308
highways, access roads to private property, including the cost of	21309
land or easements for such access roads; the cost of public	21310
utility and common carrier relocation or duplication; the cost of	21311
all machinery, furnishings, and equipment; financing charges;	21312
interest prior to and during construction and for no more than	21313
eighteen months after completion of construction; expenses of	21314
research and development with respect to facilities; legal	21315
expenses; expenses of obtaining plans, specifications, engineering	21316
surveys, studies, and estimates of cost and revenues; working	21317
capital; expenses necessary or incident to determining the	21318
feasibility or practicability of acquiring or constructing such	21319
facility; administrative expense; and such other expenses as may	21320
be necessary or incident to the acquisition or construction of the	21321
facility, the financing of such acquisition or construction,	21322
including the amount authorized in the resolution of the	21323
convention facilities authority providing for the issuance of	21324
convention facilities authority revenue bonds to be paid into any	21325
special funds from the proceeds of such bonds, the cost of issuing	21326
the bonds, and the financing of the placing of such facility in	21327
operation. Any obligation, cost, or expense incurred by any	21328
governmental agency or person for surveys, borings, preparation of	21329
plans and specifications, and other engineering services, or any	21330
other cost described above, in connection with the acquisition or	21331
construction of a facility may be regarded as part of the cost of	21332
such facility and may be reimbursed out of the proceeds of	21333
convention facilities authority revenue bonds as authorized by	21334
this chapter.	21335

(F) "Owner" includes a person having any title or interest in	21336
any property, rights, easements, or interests authorized to be	21337
acquired by Chapter 351. of the Revised Code.	21338

(G) "Revenues" means all rentals and other charges received	21339
by the convention facilities authority for the use or services of	21340
any facility, the sale of any merchandise, or the operation of any	21341
concessions; any gift or grant received with respect to any	21342
facility, any moneys received with respect to the lease, sublease,	21343
sale, including installment sale or conditional sale, or other	21344
disposition of a facility or part thereof; moneys received in	21345
repayment of and for interest on any loans made by the authority	21346
to a person or governmental agency, whether from the United States	21347
or any department, administration, or agency thereof, or	21348
otherwise; proceeds of convention facilities authority revenue	21349
bonds to the extent the use thereof for payment of principal or of	21350
premium, if any, or interest on the bonds is authorized by the	21351
authority; proceeds from any insurance, appropriation, or guaranty	21352
pertaining to a facility or property mortgaged to secure bonds or	21353
pertaining to the financing of the facility; income and profit	21354
from the investment of the proceeds of convention facilities	21355
authority revenue bonds or of any revenues; contributions of the	21356
proceeds of a tax levied pursuant to division (A)(3) of section	21357
5739.09 of the Revised Code; and moneys transmitted to the	21358
authority pursuant to division (B) of section 5739.211 and	21359
division (B) of section 5741.031 of the Revised Code.	21360

(H) "Public roads" includes all public highways, roads, and	21361
streets in the state, whether maintained by the state, county,	21362
city, township, or other political subdivision.	21363

(I) "Construction," unless the context indicates a different	21364
meaning or intent, includes, but is not limited to,	21365
reconstruction, enlargement, improvement, or providing fixtures,	21366
furnishings, and equipment.	21367

(J) "Convention facilities authority revenue bonds" or	21368
"revenue bonds," unless the context indicates a different meaning	21369
or intent, includes convention facilities authority revenue notes,	21370
convention facilities authority revenue renewal notes, and	21371
convention facilities authority revenue refunding bonds.	21372

(K) "Convention facilities authority tax anticipation bonds"	21373
or "tax anticipation bonds," unless the context indicates a	21374
different meaning, includes convention facilities authority tax	21375
anticipation bonds, tax anticipation notes, tax anticipation	21376
renewal notes, and tax anticipation refunding bonds.	21377

(L) "Bonds and notes" means convention facilities authority	21378
revenue bonds and convention facilities authority tax anticipation	21379
bonds.	21380

(M) "Territory of the authority" means all of the area of the	21381
county creating the convention facilities authority.	21382

(N) "Excise taxes" means any of the taxes levied pursuant to	21383
division (B) or (C) of section 351.021 of the Revised Code.	21384
"Excise taxes" does not include taxes levied pursuant to section	21385
4301.424, 5743.026, or 5743.324 of the Revised Code.	21386

(O) "Transaction" means the charge by a hotel for each	21387
occupancy by transient guests of a room or suite of rooms used in	21388
a hotel as a single unit for any period of twenty-four hours or	21389
less.	21390

(P) "Hotel" and "transient guests" have the same meanings as	21391
in section 5739.01 of the Revised Code.	21392

(Q) "Sports facility" means a facility intended to house	21393
major league professional athletic teams.	21394

(R) "Constructing" or "construction" includes providing	21395
fixtures, furnishings, and equipment.	21396

Sec. 351.021. (A) The resolution of the county commissioners	21397
creating a convention facilities authority, or any amendment or	21398
supplement to that resolution, may authorize the authority to levy	21399
one or both of the excise taxes authorized by division (B) of this	21400
section to pay the cost of one or more facilities; to pay	21401
principal, interest, and premium on convention facilities	21402
authority tax anticipation bonds issued to pay those costs; to pay	21403
the operating costs of the authority; to pay operating and	21404
maintenance costs of those facilities; and to pay the costs of	21405
administering the excise tax.	21406

(B) The board of directors of a convention facilities	21407
authority that has been authorized pursuant to resolution adopted,	21408
amended, or supplemented by the board of county commissioners	21409
pursuant to division (A) of this section may levy, by resolution	21410
adopted on or before December 31, 1988, either or both of the	21411
following:	21412

(1) Within the territory of the authority, an additional	21413
excise tax not to exceed four per cent on each transaction. The	21414
excise tax authorized by division (B)(1) of this section shall be	21415
in addition to any excise tax levied pursuant to section 5739.08	21416
or 5739.09 of the Revised Code, or division (B)(2) of this	21417
section.	21418

(2) Within that portion of any municipal corporation that is	21419
located within the territory of the authority or within the	21420
boundaries of any township that is located within the territory of	21421
the authority, which municipal corporation or township is levying	21422
any portion of the excise tax authorized by division (A) of	21423
section 5739.08 of the Revised Code, and with the approval, by	21424
ordinance or resolution, of the legislative authority of that	21425
municipal corporation or township, an additional excise tax not to	21426
exceed nine-tenths of one per cent on each transaction. The excise	21427
tax authorized by division (B)(2) of this section may be levied	21428
only if, on the effective date of the levy specified in the	21429
resolution making the levy, the amount being levied pursuant to	21430
division (A) of section 5739.08 of the Revised Code by each	21431
municipal corporation or township in which the tax authorized by	21432
division (B)(2) of this section will be levied, when added to the	21433
amount levied under division (B)(2) of this section, does not	21434
exceed three per cent on each transaction. The excise tax	21435
authorized by division (B)(2) of this section shall be in addition	21436
to any excise tax that is levied pursuant to section 5739.08 or	21437
5739.09 of the Revised Code, or division (B)(1) of this section.	21438

(C)(1) The board of directors of a convention facilities	21439
authority that is located in an eligible Appalachian county; that	21440
has been authorized pursuant to resolution adopted, amended, or	21441
supplemented by the board of county commissioners pursuant to	21442
division (A) of this section; and that is not levying a tax under	21443
division (B)(1) or (2) of this section may levy within the	21444
territory of the authority, by resolution adopted on or before	21445
December 31, 2005, an additional excise tax not to exceed three	21446
per cent on each transaction. The excise tax authorized under	21447
division (C)(1) of this section shall be in addition to any excise	21448
tax levied pursuant to section 5739.08 or 5739.09 of the Revised	21449
Code.	21450

~~(2)~~ As used in division (C)(1) of this section, "eligible	21451
Appalachian county" means a county in this state designated as	21452
being in the "Appalachian region" under the "Appalachian Regional	21453
Development Act of 1965," 79 Stat. 4, 40 U.S.C. App. 403, and	21454
having a population less than eighty thousand according to the	21455
most recent federal decennial census.	21456

(2) Division (B)(2) of this section applies only to a	21457
convention facilities authority located in a county with a	21458
population, according to the 2000 federal decennial census, of at	21459
least one hundred thirty-five thousand and not more than one	21460
hundred fifty thousand and containing entirely within its	21461
boundaries the territory of a municipal corporation with a	21462
population according to that census of more than fifty thousand.	21463
The board of directors of such a convention facilities authority,	21464
by resolution adopted on or before November 1, 2009, may levy	21465
within the territory of the authority an excise tax on	21466
transactions by which lodging by a hotel is or is to be	21467
furnished to transient guests at a rate not to exceed three per	21468
cent on such transactions for the same purposes for which a tax	21469
may be levied under division (B) of this section. The resolution	21470
may be adopted only if the board of county commissioners of the	21471
county, by resolution, authorizes the levy of the tax. The	21472
resolution of the board of county commissioners is subject to	21473
referendum as prescribed by sections 305.31 to 305.41 of the	21474
Revised Code. If, pursuant to those procedures, a referendum is	21475
to be held, the board's resolution does not take effect until	21476
approved by a majority of electors voting on the question. The	21477
convention facilities authority may adopt the resolution	21478
authorized by division (C)(2) of this section before the	21479
election, but the authority's resolution shall not take effect if	21480
the board of commissioners' resolution is not approved at the	21481
election. A tax levied under division (C)(2) of this section is	21482
in addition to any tax levied under section 5739.09 of the	21483
Revised Code.	21484

(D) The authority shall provide for the administration and	21485
allocation of an excise tax levied pursuant to division (B) or (C)	21486
of this section. All receipts arising from those excise taxes	21487
shall be expended for the purposes provided in, and in accordance	21488
with this section and section 351.141 of the Revised Code. An	21489
excise tax levied under division (B) or (C) of this section shall	21490
remain in effect at the rate at which it is levied for at least	21491
the duration of the period for which the receipts from the tax	21492
have been anticipated and pledged pursuant to section 351.141 of	21493
the Revised Code.	21494

(E) Except as provided in division (B)(2) of this section,	21495
the levy of an excise tax on each transaction pursuant to sections	21496
5739.08 and 5739.09 of the Revised Code does not prevent a	21497
convention facilities authority from levying an excise tax	21498
pursuant to division (B) or (C) of this section.	21499

Sec. 504.21. (A) The board of township trustees of a	21500
township that has adopted a limited home rule government may, for	21501
the unincorporated territory in the township, adopt, amend, and	21502
rescind rules establishing technically feasible and economically	21503
reasonable standards to achieve a level of management and	21504
conservation practices that will abate wind or water erosion of	21505
the soil or abate the degradation of the waters of the state by	21506
soil sediment in conjunction with land grading, excavating,	21507
filling, or other soil disturbing activities on land used or being	21508
developed in the township for nonfarm commercial, industrial,	21509
residential, or other nonfarm purposes, and establish criteria for	21510
determination of the acceptability of those management and	21511
conservation practices. The rules shall be designed to implement	21512
the applicable areawide waste treatment management plan prepared	21513
under section 208 of the "Federal Water Pollution Control Act," 86	21514
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement	21515
phase II of the storm water program of the national pollutant	21516
discharge elimination system established in 40 C.F.R. Part 122.	21517
The rules to implement phase II of the storm water program of the	21518
national pollutant discharge elimination system shall not be	21519
inconsistent with, more stringent than, or broader in scope than	21520
the rules or regulations adopted by the environmental protection	21521
agency under 40 C.F.R. Part 122. The rules adopted under this	21522
section shall not apply inside the limits of municipal	21523
corporations, to lands being used in a strip mine operation as	21524
defined in section 1513.01 of the Revised Code, or to land being	21525
used in a surface mine operation as defined in section 1514.01 of	21526
the Revised Code.	21527

The rules adopted under this section may require persons to	21528
file plans governing erosion control, sediment control, and water	21529
management before clearing, grading, excavating, filling, or	21530
otherwise wholly or partially disturbing one or more contiguous	21531
acres of land owned by one person or operated as one development	21532
unit for the construction of nonfarm buildings, structures,	21533
utilities, recreational areas, or other similar nonfarm uses. If	21534
the rules require plans to be filed, the rules shall do all of the	21535
following:	21536

(1) Designate the board itself, its employees, or another	21537
agency or official to review and approve or disapprove the plans;	21538

(2) Establish procedures and criteria for the review and	21539
approval or disapproval of the plans;	21540

(3) Require the designated entity to issue a permit to a	21541
person for the clearing, grading, excavating, filling, or other	21542
project for which plans are approved and to deny a permit to a	21543
person whose plans have been disapproved;	21544

(4) Establish procedures for the issuance of the permits;

21545

(5) Establish procedures under which a person may appeal the	21546
denial of a permit.	21547

Areas of less than one contiguous acre shall not be exempt	21548
from compliance with other provisions of this section or rules	21549
adopted under this section. The rules adopted under this section	21550
may impose reasonable filing fees for plan review, permit	21551
processing, and field inspections.	21552

No permit or plan shall be required for a public highway,	21553
transportation, or drainage improvement or maintenance project	21554
undertaken by a government agency or political subdivision in	21555
accordance with a statement of its standard sediment control	21556
policies that is approved by the board or the chief of the	21557
division of soil and water ~~conservation~~resources in the	21558
department of natural resources.	21559

(B) Rules or amendments may be adopted under this section	21560
only after public hearings at not fewer than two regular sessions	21561
of the board of township trustees. The board shall cause to be	21562
published, in a newspaper of general circulation in the township,	21563
notice of the public hearings, including time, date, and place,	21564
once a week for two weeks immediately preceding the hearings. The	21565
proposed rules or amendments shall be made available by the board	21566
to the public at the board office or other location indicated in	21567
the notice. The rules or amendments shall take effect on the	21568
thirty-first day following the date of their adoption.	21569

(C) The board of township trustees may employ personnel to	21570
assist in the administration of this section and the rules adopted	21571
under it. The board also, if the action does not conflict with the	21572
rules, may delegate duties to review sediment control and water	21573
management plans to its employees, and may enter into agreements	21574
with one or more political subdivisions, other township officials,	21575
or other government agencies, in any combination, in order to	21576
obtain reviews and comments on plans governing erosion control,	21577
sediment control, and water management or to obtain other services	21578
for the administration of the rules adopted under this section.	21579

(D) The board of township trustees or any duly authorized	21580
representative of the board may, upon identification to the owner	21581
or person in charge, enter any land upon obtaining agreement with	21582
the owner, tenant, or manager of the land in order to determine	21583
whether there is compliance with the rules adopted under this	21584
section. If the board or its duly authorized representative is	21585
unable to obtain such an agreement, the board or representative	21586
may apply for, and a judge of the court of common pleas for the	21587
county where the land is located may issue, an appropriate	21588
inspection warrant as necessary to achieve the purposes of this	21589
section.	21590

(E)(1) If the board of township trustees or its duly	21591
authorized representative determines that a violation of the rules	21592
adopted under this section exists, the board or representative may	21593
issue an immediate stop work order if the violator failed to	21594
obtain any federal, state, or local permit necessary for sediment	21595
and erosion control, earth movement, clearing, or cut and fill	21596
activity. In addition, if the board or representative determines	21597
such a rule violation exists, regardless of whether or not the	21598
violator has obtained the proper permits, the board or	21599
representative may authorize the issuance of a notice of	21600
violation. If, after a period of not less than thirty days has	21601
elapsed following the issuance of the notice of violation, the	21602
violation continues, the board or its duly authorized	21603
representative shall issue a second notice of violation. Except as	21604
provided in division (E)(3) of this section, if, after a period of	21605
not less than fifteen days has elapsed following the issuance of	21606
the second notice of violation, the violation continues, the board	21607
or its duly authorized representative may issue a stop work order	21608
after first obtaining the written approval of the prosecuting	21609
attorney of the county in which the township is located if, in the	21610
opinion of the prosecuting attorney, the violation is egregious.	21611

Once a stop work order is issued, the board or its duly	21612
authorized representative shall request, in writing, the	21613
prosecuting attorney to seek an injunction or other appropriate	21614
relief in the court of common pleas to abate excessive erosion or	21615
sedimentation and secure compliance with the rules adopted under	21616
this section. If the prosecuting attorney seeks an injunction or	21617
other appropriate relief, then, in granting relief, the court of	21618
common pleas may order the construction of sediment control	21619
improvements or implementation of other control measures and may	21620
assess a civil fine of not less than one hundred or more than five	21621
hundred dollars. Each day of violation of a rule or stop work	21622
order issued under this section shall be considered a separate	21623
violation subject to a civil fine.	21624

(2) The person to whom a stop work order is issued under this	21625
section may appeal the order to the court of common pleas of the	21626
county in which it was issued, seeking any equitable or other	21627
appropriate relief from that order.	21628

(3) No stop work order shall be issued under this section	21629
against any public highway, transportation, or drainage	21630
improvement or maintenance project undertaken by a government	21631
agency or political subdivision in accordance with a statement of	21632
its standard sediment control policies that is approved by the	21633
board or the chief of the division of soil and water ~~conservation~~	21634
resources in the department of natural resources.	21635

(F) No person shall violate any rule adopted or order issued	21636
under this section. Notwithstanding division (E) of this section,	21637
if the board of township trustees determines that a violation of	21638
any rule adopted or administrative order issued under this section	21639
exists, the board may request, in writing, the prosecuting	21640
attorney of the county in which the township is located, to seek	21641
an injunction or other appropriate relief in the court of common	21642
pleas to abate excessive erosion or sedimentation and secure	21643
compliance with the rules or order. In granting relief, the court	21644
of common pleas may order the construction of sediment control	21645
improvements or implementation of other control measures and may	21646
assess a civil fine of not less than one hundred or more than five	21647
hundred dollars. Each day of violation of a rule adopted or	21648
administrative order issued under this section shall be considered	21649
a separate violation subject to a civil fine.	21650

Sec. 505.82. (A) If a board of township trustees by a	21651
unanimous vote or, in the event of the unavoidable absence of one	21652
trustee, by an affirmative vote of two trustees adopts a	21653
resolution declaring that an emergency exists that threatens life	21654
or property within the unincorporated territory of the township or	21655
that such an emergency is imminent, the board may exercise the	21656
powers described in divisions (A)(1) and (2) and (B) of this	21657
section during the emergency for a period of time not exceeding	21658
six months following the adoption of the resolution. The	21659
resolution shall state the specific time period for which the	21660
emergency powers are in effect.	21661

(1) If an owner of an undedicated road or stream bank in the	21662
unincorporated territory of the township has not provided for the	21663
removal of snow, ice, debris, or other obstructions from the road	21664
or bank, the board may provide for that removal. Prior to	21665
providing for the removal, the board shall give, or make a good	21666
faith attempt to give, oral notice to the owner or owners of the	21667
road or bank of the board's intent to clear the road or bank and	21668
to impose a service charge for doing so. The board shall establish	21669
just and equitable service charges for the removal to be paid,	21670
except as provided in division (B) of this section, by the owners	21671
of the road or bank.	21672

The board shall keep a record of the costs incurred by the	21673
township in removing snow, ice, debris, or other obstructions from	21674
the road or bank. The service charges shall be based on these	21675
costs and shall be in an amount sufficient to recover these costs.	21676
If there is more than one owner of the road or bank, the board,	21677
except as provided in division (B) of this section, shall allocate	21678
the service charges among the owners on an equitable basis. The	21679
board shall notify, in writing, each owner of the road or bank of	21680
the amount of the service charges and shall certify the charges to	21681
the county auditor. The service charges shall constitute a lien	21682
upon the property. The auditor shall place the service charges on	21683
a special duplicate to be collected as other taxes and returned to	21684
the township general fund.	21685

(2) The board may contract for the immediate acquisition,	21686
replacement, or repair of equipment needed for the emergency	21687
situation, without following the competitive bidding requirements	21688
of section 5549.21 or any other section of the Revised Code.	21689

(B) In lieu of collecting service charges from owners for the	21690
removal of snow or ice from an undedicated road by the board of	21691
township trustees as provided in division (A)(1) of this section,	21692
the board may enter into a contract with a developer whereby the	21693
developer agrees to pay the service charges for the snow and ice	21694
removal instead of the owners.	21695

(C) The removal of snow, ice, debris, or other obstructions	21696
from an undedicated road by a board of township trustees acting	21697
pursuant to a resolution adopted under division (A) of this	21698
section does not constitute approval or acceptance of the	21699
undedicated road.	21700

(D) As used in this section, "undedicated road" means a road	21701
that has not been approved and accepted by the board of county	21702
commissioners and is not a part of the state, county, or township	21703
road systems as provided in section 5535.01 of the Revised Code.	21704

(E) Nothing in this section shall be construed to waive the	21705
requirement under section ~~1517.16~~1547.82 of the Revised Code that	21706
approval of plans be obtained from the director of natural	21707
resources or the director's representative prior to modifying or	21708
causing the modification of the channel of any watercourse in a	21709
wild, scenic, or recreational river area outside the limits of a	21710
municipal corporation.	21711

Sec. 711.001. As used in this chapter:

21712

(A) "Plat" means a map of a tract or parcel of land.

21713

(B) "Subdivision" means either of the following:

21714

(1) The division of any parcel of land shown as a unit or as	21715
contiguous units on the last preceding general tax list and	21716
duplicate of real and public utility property, into two or more	21717
parcels, sites, or lots, any one of which is less than five acres	21718
for the purpose, whether immediate or future, of transfer of	21719
ownership, provided, however, that the following are exempt:	21720

(a) A division or partition of land into parcels of more than	21721
five acres not involving any new streets or easements of access;	21722

(b) The sale or exchange of parcels between adjoining lot	21723
owners, where that sale or exchange does not create additional	21724
building sites;	21725

(c) If the planning authority adopts a rule in accordance	21726
with section 711.133 of the Revised Code that exempts from	21727
division (B)(1) of this section any parcel of land that is four	21728
acres or more, parcels in the size range delineated in that rule.	21729

(2) The improvement of one or more parcels of land for	21730
residential, commercial, or industrial structures or groups of	21731
structures involving the division or allocation of land for the	21732
opening, widening, or extension of any public or private street or	21733
streets, except private streets serving industrial structures, or	21734
involving the division or allocation of land as open spaces for	21735
common use by owners, occupants, or leaseholders or as easements	21736
for the extension and maintenance of public or private sewer,	21737
water, storm drainage, or other similar facilities.	21738

(C) "Household sewage treatment system" has the same meaning	21739
as in section 3709.091 of the Revised Code.	21740

Sec. 711.05. (A) Upon the submission of a plat for approval,	21741
in accordance with section 711.041 of the Revised Code, the board	21742
of county commissioners shall certify on it the date of the	21743
submission. Within five days of submission of the plat, the board	21744
shall schedule a meeting to consider the plat and send a written	21745
notice by regular mail to the fiscal officer of the board of	21746
township trustees of the township in which the plat is located and	21747
the board of health of the health district in which the plat is	21748
located. The notice shall inform the trustees and the board of	21749
health of the submission of the plat and of the date, time, and	21750
location of any meeting at which the board of county commissioners	21751
will consider or act upon the proposed plat. The meeting shall	21752
take place within thirty days of submission of the plat, and no	21753
meeting shall be held until at least seven days have passed from	21754
the date the notice was sent by the board of county commissioners.	21755
The approval of the board required by section 711.041 of the	21756
Revised Code or the refusal to approve shall take place within	21757
thirty days from the date of submission or such further time as	21758
the applying party may agree to in writing; otherwise, the plat is	21759
deemed approved and may be recorded as if bearing such approval.	21760

(B) The board may adopt general rules governing plats and	21761
subdivisions of land falling within its jurisdiction, to secure	21762
and provide for the coordination of the streets within the	21763
subdivision with existing streets and roads or with existing	21764
county highways, for the proper amount of open spaces for traffic,	21765
circulation, and utilities, and for the avoidance of future	21766
congestion of population detrimental to the public health, safety,	21767
or welfare, but shall not impose a greater minimum lot area than	21768
forty-eight hundred square feet. Before the board may amend or	21769
adopt rules, it shall notify all the townships in the county of	21770
the proposed amendments or rules by regular mail at least thirty	21771
days before the public meeting at which the proposed amendments or	21772
rules are to be considered.	21773

The rules may require the board of health to review and	21774
comment on a plat before the board of county commissioners acts	21775
upon it and may also require proof of compliance with any	21776
applicable zoning resolutions, and with rules governing household	21777
sewage treatment ~~rules adopted under section 3718.02 of the~~	21778
~~Revised Code~~systems, as a basis for approval of a plat. Where	21779
under section 711.101 of the Revised Code the board of county	21780
commissioners has set up standards and specifications for the	21781
construction of streets, utilities, and other improvements for	21782
common use, the general rules may require the submission of	21783
appropriate plans and specifications for approval. The board	21784
shall not require the person submitting the plat to alter the	21785
plat or any part of it as a condition for approval, as long as	21786
the plat is in accordance with general rules governing plats and	21787
subdivisions of land, adopted by the board as provided in this	21788
section, in effect at the time the plat was submitted and the	21789
plat is in accordance with any standards and specifications set	21790
up under section 711.101 of the Revised Code, in effect at the	21791
time the plat was submitted.	21792

(C) The ground of refusal to approve any plat, submitted in	21793
accordance with section 711.041 of the Revised Code, shall be	21794
stated upon the record of the board, and, within sixty days	21795
thereafter, the person submitting any plat that the board refuses	21796
to approve may file a petition in the court of common pleas of the	21797
county in which the land described in the plat is situated to	21798
review the action of the board. A board of township trustees is	21799
not entitled to appeal a decision of the board of county	21800
commissioners under this section.	21801

Sec. 711.10. (A) Whenever a county planning commission or a	21802
regional planning commission adopts a plan for the major streets	21803
or highways of the county or region, no plat of a subdivision of	21804
land within the county or region, other than land within a	21805
municipal corporation or land within three miles of a city or one	21806
and one-half miles of a village as provided in section 711.09 of	21807
the Revised Code, shall be recorded until it is approved by the	21808
county or regional planning commission under division (C) of this	21809
section and the approval is endorsed in writing on the plat.	21810

(B) A county or regional planning commission may require the	21811
submission of a preliminary plan for each plat sought to be	21812
recorded. If the commission requires this submission, it shall	21813
provide for a review process for the preliminary plan. Under this	21814
review process, the planning commission shall give its approval,	21815
its approval with conditions, or its disapproval of each	21816
preliminary plan. The commission's decision shall be in writing,	21817
shall be under the signature of the secretary of the commission,	21818
and shall be issued within thirty-five business days after the	21819
submission of the preliminary plan to the commission. The	21820
disapproval of a preliminary plan shall state the reasons for the	21821
disapproval. A decision of the commission under this division is	21822
preliminary to and separate from the commission's decision to	21823
approve, conditionally approve, or refuse to approve a plat under	21824
division (C) of this section.	21825

(C) Within five calendar days after the submission of a plat	21826
for approval under this division, the county or regional planning	21827
commission shall schedule a meeting to consider the plat and send	21828
a notice by regular mail or by electronic mail to the fiscal	21829
officer of the board of township trustees of the township in which	21830
the plat is located and the board of health of the health district	21831
in which the plat is located. The notice shall inform the trustees	21832
and the board of health of the submission of the plat and of the	21833
date, time, and location of any meeting at which the county or	21834
regional planning commission will consider or act upon the plat.	21835
The meeting shall take place within thirty calendar days after	21836
submission of the plat, and no meeting shall be held until at	21837
least seven calendar days have passed from the date the planning	21838
commission sent the notice.	21839

The approval of the county or regional planning commission,	21840
the commission's conditional approval as described in this	21841
division, or the refusal of the commission to approve shall be	21842
endorsed on the plat within thirty calendar days after the	21843
submission of the plat for approval under this division or within	21844
such further time as the applying party may agree to in writing;	21845
otherwise that plat is deemed approved, and the certificate of the	21846
commission as to the date of the submission of the plat for	21847
approval under this division and the failure to take action on it	21848
within that time shall be sufficient in lieu of the written	21849
endorsement or evidence of approval required by this division.	21850

A county or regional planning commission may grant	21851
conditional approval under this division to a plat by requiring a	21852
person submitting the plat to alter the plat or any part of it,	21853
within a specified period after the end of the thirty calendar	21854
days, as a condition for final approval under this division. Once	21855
all the conditions have been met within the specified period, the	21856
commission shall cause its final approval under this division to	21857
be endorsed on the plat. No plat shall be recorded until it is	21858
endorsed with the commission's final or unconditional approval	21859
under this division.	21860

The ground of refusal of approval of any plat submitted under	21861
this division, including citation of or reference to the rule	21862
violated by the plat, shall be stated upon the record of the	21863
county or regional planning commission. Within sixty calendar days	21864
after the refusal under this division, the person submitting any	21865
plat that the commission refuses to approve under this division	21866
may file a petition in the court of common pleas of the proper	21867
county, and the proceedings on the petition shall be governed by	21868
section 711.09 of the Revised Code as in the case of the refusal	21869
of a planning authority to approve a plat. A board of township	21870
trustees is not entitled to appeal a decision of the commission	21871
under this division.	21872

A county or regional planning commission shall adopt general	21873
rules, of uniform application, governing plats and subdivisions of	21874
land falling within its jurisdiction, to secure and provide for	21875
the proper arrangement of streets or other highways in relation to	21876
existing or planned streets or highways or to the county or	21877
regional plan, for adequate and convenient open spaces for	21878
traffic, utilities, access of firefighting apparatus, recreation,	21879
light, and air, and for the avoidance of congestion of population.	21880
The rules may provide for their modification by the commission in	21881
specific cases where unusual topographical and other exceptional	21882
conditions require the modification. The rules may require the	21883
board of health to review and comment on a plat before the	21884
commission acts upon it and also may require proof of compliance	21885
with any applicable zoning resolutions, and with rules governing	21886
household sewage treatment ~~rules adopted under section 3718.02~~	21887
~~of the Revised Code~~systems, as a basis for approval of a plat.	21888

Before adoption of its rules or amendment of its rules, the	21889
commission shall hold a public hearing on the adoption or	21890
amendment. Notice of the public hearing shall be sent to all	21891
townships in the county or region by regular mail or electronic	21892
mail at least thirty business days before the hearing. No county	21893
or regional planning commission shall adopt any rules requiring	21894
actual construction of streets or other improvements or facilities	21895
or assurance of that construction as a condition precedent to the	21896
approval of a plat of a subdivision unless the requirements have	21897
first been adopted by the board of county commissioners after a	21898
public hearing. A copy of the rules shall be certified by the	21899
planning commission to the county recorders of the appropriate	21900
counties.	21901

After a county or regional street or highway plan has been	21902
adopted as provided in this section, the approval of plats and	21903
subdivisions provided for in this section shall be in lieu of any	21904
approvals provided for in other sections of the Revised Code,	21905
insofar as the territory within the approving jurisdiction of the	21906
county or regional planning commission, as provided in this	21907
section, is concerned. Approval of a plat shall not be an	21908
acceptance by the public of the dedication of any street, highway,	21909
or other way or open space shown upon the plat.	21910

No county or regional planning commission shall require a	21911
person submitting a plat to alter the plat or any part of it as	21912
long as the plat is in accordance with the general rules governing	21913
plats and subdivisions of land, adopted by the commission as	21914
provided in this section, in effect at the time the plat is	21915
submitted.	21916

A county or regional planning commission and a city or	21917
village planning commission, or platting commissioner or	21918
legislative authority of a village, with subdivision regulation	21919
jurisdiction over unincorporated territory within the county or	21920
region may cooperate and agree by written agreement that the	21921
approval of a plat by the city or village planning commission, or	21922
platting commissioner or legislative authority of a village, as	21923
provided in section 711.09 of the Revised Code, shall be	21924
conditioned upon receiving advice from or approval by the county	21925
or regional planning commission.	21926

(D) As used in this section, "business day" means a day of	21927
the week excluding Saturday, Sunday, or a legal holiday as defined	21928
in section 1.14 of the Revised Code.	21929

Sec. 711.131. (A) Notwithstanding sections 711.001 to 711.13	21930
of the Revised Code and except as provided in division (C) of this	21931
section, unless the rules adopted under section 711.05, 711.09, or	21932
711.10 of the Revised Code are amended pursuant to division (B) of	21933
this section, a proposed division of a parcel of land along an	21934
existing public street, not involving the opening, widening, or	21935
extension of any street or road, and involving no more than five	21936
lots after the original tract has been completely subdivided, may	21937
be submitted to the planning authority having approving	21938
jurisdiction of plats under section 711.05, 711.09, or 711.10 of	21939
the Revised Code for approval without plat. If the authority	21940
acting through a properly designated representative finds that a	21941
proposed division is not contrary to applicable platting,	21942
subdividing, zoning, health, sanitary, or access management	21943
regulations, regulations adopted under division (B)(3) of section	21944
307.37 of the Revised Code regarding existing surface or	21945
subsurface drainage, or rules governing household sewage treatment	21946
~~rules adopted under section 3718.02 of the Revised Code~~systems,	21947
it shall approve the proposed division within seven business days	21948
after its submission and, on presentation of a conveyance of the	21949
parcel, shall stamp the conveyance "approved by (planning	21950
authority); no plat required" and have it signed by its clerk,	21951
secretary, or other official as may be designated by it. The	21952
planning authority may require the submission of a sketch and	21953
other information that is pertinent to its determination under	21954
this division.	21955

(B) For a period of up to two years after April 15, 2005, the	21956
rules adopted under section 711.05, 711.09, or 711.10 of the	21957
Revised Code may be amended within that period to authorize the	21958
planning authority involved to approve proposed divisions of	21959
parcels of land without plat under this division. If an authority	21960
so amends its rules, it may approve no more than five lots	21961
without a plat from an original tract as that original tract	21962
exists on the effective date of the amendment to the rules. The	21963
authority shall make the findings and approve a proposed division	21964
in the time and manner specified in division (A) of this section.	21965

(C) This section does not apply to parcels subject to section	21966
711.133 of the Revised Code.	21967

(D) As used in this section, "business day" means a day of	21968
the week excluding Saturday, Sunday, or a legal holiday as defined	21969
in section 1.14 of the Revised Code.	21970

Sec. 717.25. The legislative authority of a municipal	21971
corporation may establish a low-cost solar panel revolving loan	21972
program to assist residents of the municipal corporation to	21973
install solar panels at their residences. If the legislative	21974
authority decides to establish such a program, the legislative	21975
authority shall adopt an ordinance that provides for the	21976
following:	21977

(A) Creation in the municipal treasury of a residential solar	21978
panel revolving loan fund;	21979

(B) A source of money, such as gifts, bond issues, real	21980
property assessments, or federal subsidies, to seed the	21981
residential solar panel revolving loan fund;	21982

(C) Facilities for making loans from the residential solar	21983
panel revolving loan fund, including an explanation of how	21984
residents of the municipal corporation may qualify for loans from	21985
the fund, a description of the solar panels and related equipment	21986
for which a loan can be made from the fund, authorization of a	21987
municipal agency to process applications for loans and otherwise	21988
to administer the low-cost solar panel revolving loan program, a	21989
procedure whereby loans can be applied for, criteria for reviewing	21990
and accepting or denying applications for loans, criteria for	21991
determining the appropriate amount of a loan, the interest rate to	21992
be charged, the repayment schedule, and other terms and conditions	21993
of a loan, and procedures for collecting loans that are not repaid	21994
according to the repayment schedule;	21995

(D) A specification that repayments of loans from the	21996
residential solar panel revolving loan fund may be made in	21997
installments and, at the option of the resident repaying the loan,	21998
the installments may be paid and collected as if they were special	21999
assessments paid and collected in the manner specified in Chapter	22000
727. of the Revised Code and as specified in the ordinance;	22001

(E) A specification that repayments of loans from the	22002
residential solar panel revolving loan fund are to be credited to	22003
the fund, that the money in the fund is to be invested pending its	22004
being lent out, and that investment earnings on the money in the	22005
fund is to be credited to the fund; and	22006

(F) Other matters necessary and proper for efficient	22007
operation of the low-cost solar panel revolving loan program as a	22008
means of encouraging use of renewable energy.	22009

The interest rate charged on a loan from the residential	22010
solar panel revolving loan fund shall be below prevailing market	22011
rates. The legislative authority may specify the interest rate in	22012
the ordinance or may, after establishing a standard in the	22013
ordinance whereby the interest rate can be specified, delegate	22014
authority to specify the interest rate to the administrator of	22015
loans from the residential solar panel revolving loan fund.	22016

The residential solar panel revolving loan fund shall be	22017
seeded with sufficient money to enable loans to be made until the	22018
fund accumulates sufficient reserves through investment and	22019
repayment of loans for revolving operation.	22020

Sec. 718.04. (A) No municipal corporation other than the	22021
~~city~~municipal corporation of residence shall levy a tax on the	22022
income of any member or employee of the Ohio general assembly	22023
including the lieutenant governor which income is received as a	22024
result of services rendered as such member or employee and is paid	22025
from appropriated funds of this state.	22026

(B) No municipal corporation other than the municipal	22027
corporation of residence and the city of Columbus shall levy a	22028
tax on the income of the chief justice or a justice of the	22029
supreme court received as a result of services rendered as the	22030
chief justice or justice. No municipal corporation other than the	22031
municipal corporation of residence shall levy a tax on the income	22032
of a judge sitting by assignment of the chief justice or on the	22033
income of a district court of appeals judge sitting in multiple	22034
locations within the district, received as a result of services	22035
rendered as a judge.	22036

Sec. 721.15. (A) Personal property not needed for municipal	22037
purposes, the estimated value of which is less than one thousand	22038
dollars, may be sold by the board or officer having supervision or	22039
management of that property. If the estimated value of that	22040
property is one thousand dollars or more, it shall be sold only	22041
when authorized by an ordinance of the legislative authority of	22042
the municipal corporation and approved by the board, officer, or	22043
director having supervision or management of that property. When	22044
so authorized, the board, officer, or director shall make a	22045
written contract with the highest and best bidder after	22046
advertisement for not less than two or more than four consecutive	22047
weeks in a newspaper of general circulation within the municipal	22048
corporation, or with a board of county commissioners upon such	22049
lawful terms as are agreed upon, as provided by division (B)(1) of	22050
section 721.27 of the Revised Code.	22051

(B) When the legislative authority finds, by resolution, that	22052
the municipal corporation has vehicles, equipment, or machinery	22053
which is obsolete, or is not needed or is unfit for public use,	22054
that the municipal corporation has need of other vehicles,	22055
equipment, or machinery of the same type, and that it will be in	22056
the best interest of the municipal corporation that the sale of	22057
obsolete, unneeded, or unfit vehicles, equipment, or machinery be	22058
made simultaneously with the purchase of the new vehicles,	22059
equipment, or machinery of the same type, the legislative	22060
authority may offer to sell, or authorize a board, officer, or	22061
director of the municipal corporation having supervision or	22062
management of the property to offer to sell, those vehicles,	22063
equipment, or machinery and to have the selling price credited	22064
against the purchase price of other vehicles, equipment, or	22065
machinery and to consummate the sale and purchase by a single	22066
contract with the lowest and best bidder to be determined by	22067
subtracting from the selling price of the vehicles, equipment, or	22068
machinery to be purchased by the municipal corporation the	22069
purchase price offered for the municipally-owned vehicles,	22070
equipment, or machinery. When the legislative authority or the	22071
authorized board, officer, or director of a municipal corporation	22072
advertises for bids for the sale of new vehicles, equipment, or	22073
machinery to the municipal corporation, they may include in the	22074
same advertisement a notice of willingness to accept bids for the	22075
purchase of municipally-owned vehicles, equipment, or machinery	22076
which is obsolete, or is not needed or is unfit for public use,	22077
and to have the amount of those bids subtracted from the selling	22078
price as a means of determining the lowest and best bidder.	22079

(C) If the legislative authority of the municipal corporation	22080
determines that municipal personal property is not needed for	22081
public use, or is obsolete or unfit for the use for which it was	22082
acquired, and that the property has no value, the legislative	22083
authority may discard or salvage that property.	22084

(D) Notwithstanding anything to the contrary in division (A)	22085
or (B) of this section and regardless of the property's value, the	22086
legislative authority of a municipal corporation may sell personal	22087
property, including motor vehicles acquired for the use of	22088
municipal officers and departments, and road machinery, equipment,	22089
tools, or supplies, which is not needed for public use, or is	22090
obsolete or unfit for the use for which it was acquired, by	22091
internet auction. The legislative authority shall adopt, during	22092
each calendar year, a resolution expressing its intent to sell	22093
that property by internet auction. The resolution shall include a	22094
description of how the auctions will be conducted and shall	22095
specify the number of days for bidding on the property, which	22096
shall be no less than ~~fifteen~~ten days, including Saturdays,	22097
Sundays, and legal holidays. The resolution shall indicate whether	22098
the municipal corporation will conduct the auction or the	22099
legislative authority will contract with a representative to	22100
conduct the auction and shall establish the general terms and	22101
conditions of sale. If a representative is known when the	22102
resolution is adopted, the resolution shall provide contact	22103
information such as the representative's name, address, and	22104
telephone number.	22105

After adoption of the resolution, the legislative authority	22106
shall publish, in a newspaper of general circulation in the	22107
municipal corporation, notice of its intent to sell unneeded,	22108
obsolete, or unfit municipal personal property by internet	22109
auction. The notice shall include a summary of the information	22110
provided in the resolution and shall be published at least twice.	22111
The second and any subsequent notice shall be published not less	22112
than ten nor more than twenty days after the previous notice. A	22113
similar notice also shall be posted continually throughout the	22114
calendar year in a conspicuous place in the offices of the village	22115
clerk or city auditor, and the legislative authority, and, if the	22116
municipal corporation maintains a website on the internet, the	22117
notice shall be posted continually throughout the calendar year at	22118
that website.	22119

When the property is to be sold by internet auction, the	22120
legislative authority or its representative may establish a	22121
minimum price that will be accepted for specific items and may	22122
establish any other terms and conditions for the particular sale,	22123
including requirements for pick-up or delivery, method of payment,	22124
and sales tax. This type of information shall be provided on the	22125
internet at the time of the auction and may be provided before	22126
that time upon request after the terms and conditions have been	22127
determined by the legislative authority or its representative.	22128

Sec. 901.041. There is hereby created in the state treasury	22129
the sustainable agriculture program fund. The fund shall consist	22130
of money credited to it, including, without limitation, federal	22131
money. The director of agriculture shall use money in the fund to	22132
support programs and activities that advance sustainable	22133
agriculture, including administrative costs incurred by the	22134
department of agriculture in administering the programs and	22135
activities.	22136

Sec. 901.20. (A) The director of agriculture may do either	22137
or both of the following:	22138

(1) Reserve exhibition space for exhibitors to exhibit their	22139
goods in trade shows held in this country or in any other country.	22140
The director may charge and collect fees from any exhibitor who	22141
uses space reserved by the director under division (A)(1) of this	22142
section.	22143

(2) Conduct or cause to be conducted seminars or other	22144
educational programs for the benefit of farmers and other	22145
producers in this state who are interested in exporting their	22146
goods overseas. The director may charge and collect fees from any	22147
person who attends a seminar or other educational program	22148
conducted under division (A)(2) of this section.	22149

(B) There is hereby created in the state treasury the Ohio	22150
proud, international, and domestic market development fund. Fees	22151
collected under division (A) of this section shall be deposited	22152
into the fund. The fund shall be used solely to carry out the	22153
purposes of that division.	22154

Sec. 901.32. Funds and the proceeds of the trust assets	22155
~~which~~that are not authorized to be administered by the secretary	22156
of agriculture of the United States under section 901.31 of the	22157
Revised Code shall be paid to and received by the director of	22158
agriculture, and paid by ~~him~~the director into the state treasury	22159
to the credit of the Ohio farm loan fund, which is hereby created.	22160
Money credited to the fund may be expended or obligated by the	22161
director for ~~such of the~~ rural rehabilitation purposes ~~permissible~~	22162
~~under the charter of the now dissolved Ohio rural rehabilitation~~	22163
~~corporation as are agreed upon by the director and the secretary~~	22164
~~of agriculture or for the purposes of section 901.31 of the~~	22165
~~Revised Code~~benefiting the state.	22166

All moneys received from investment of the fund shall be	22167
credited to the fund.	22168

All moneys received by the director resulting from the	22169
operation of the fund shall be credited to the fund.	22170

Sec. 901.43. (A) The director of agriculture may authorize	22171
any department of agriculture laboratory to perform a laboratory	22172
service for any person, organization, political subdivision, state	22173
agency, federal agency, or other entity, whether public or	22174
private. The director shall adopt and enforce rules to provide for	22175
the rendering of a laboratory service.	22176

(B) The director may charge a reasonable fee for the	22177
performance of a laboratory service, except when the service is	22178
performed on an official sample taken by the director acting	22179
pursuant to Title IX, Chapter 3715., or Chapter 3717. of the	22180
Revised Code; by a board of health acting as the licensor of	22181
retail food establishments or food service operations under	22182
Chapter 3717. of the Revised Code; or by the director of health	22183
acting as the licensor of food service operations under Chapter	22184
3717. of the Revised Code. The director of agriculture shall adopt	22185
rules specifying what constitutes an official sample.	22186

The director shall publish a list of laboratory services	22187
offered, together with the fee for each service.	22188

(C) The director may enter into a contract with any person,	22189
organization, political subdivision, state agency, federal agency,	22190
or other entity for the provision of a laboratory service.	22191

(D)(1) The director may adopt rules establishing standards	22192
for accreditation of laboratories and laboratory services and in	22193
doing so may adopt by reference existing or recognized standards	22194
or practices.	22195

(2) The director may inspect and accredit laboratories and	22196
laboratory services, and may charge a reasonable fee for the	22197
inspections and accreditation.	22198

(E)(1) There is hereby created in the state treasury the	22199
animal ~~health~~ and ~~food safety~~consumer analytical laboratory fund.	22200
Moneys from the following sources shall be deposited into the	22201
state treasury to the credit of the fund: all moneys collected by	22202
the director under this section that are from fees generated by a	22203
laboratory service performed by the department and related to the	22204
diseases of animals, all moneys so collected that are from fees	22205
generated for the inspection and accreditation of laboratories and	22206
laboratory services related to the diseases of animals, all moneys	22207
collected by the director under this section that are from fees	22208
generated by a laboratory service performed by the consumer	22209
analytical laboratory, ~~and~~ all moneys so collected that are from	22210
fees generated for the inspection and accreditation of	22211
laboratories and laboratory services not related to weights and	22212
measures, and all moneys collected under Chapters 942., 943., and	22213
953. of the Revised Code. The director may use the moneys held in	22214
the fund to pay the expenses necessary to operate the animal	22215
industry laboratory and the consumer analytical laboratory,	22216
including the purchase of supplies and equipment.	22217

(2) All moneys collected by the director under this section	22218
that are from fees generated by a laboratory service performed by	22219
the weights and measures laboratory, and all moneys so collected	22220
that are from fees generated for the inspection and accreditation	22221
of laboratories and laboratory services related to weights and	22222
measures, shall be deposited in the state treasury to the credit	22223
of the weights and measures laboratory fund, which is hereby	22224
created in the state treasury. The moneys held in the fund may be	22225
used to pay the expenses necessary to operate the division of	22226
weights and measures, including the purchase of supplies and	22227
equipment.	22228

Sec. 901.91. The director of agriculture may assess the	22229
operating funds of the department of agriculture to pay a share of	22230
the department's central support and administrative costs. The	22231
assessments shall be based on a plan that the director develops	22232
and submits to the director of budget and management not later	22233
than the fifteenth day of July of the fiscal year in which the	22234
assessments are to be made. If the director of budget and	22235
management determines that the assessments proposed in the plan	22236
are appropriate, the director shall approve the plan. Assessments	22237
shall be paid from the funds designated in the plan and credited	22238
by means of intrastate transfer voucher to the department of	22239
agriculture central support indirect costs fund, which is hereby	22240
created in the state treasury. The fund shall be administered by	22241
the director of agriculture and used to pay central support and	22242
administrative costs of the department of agriculture.	22243

Sec. 903.082. (A) The director of agriculture may determine	22244
that an animal feeding facility that is not a medium concentrated	22245
animal feeding operation or small concentrated animal feeding	22246
operation as defined in section 903.01 of the Revised Code	22247
nevertheless shall be required to be permitted as a medium or	22248
small concentrated animal feeding operation when all of the	22249
following apply:	22250

(1) The director has received from the chief of the division	22251
of soil and water ~~conservation~~resources in the department of	22252
natural resources a copy of an order issued under section 1511.02	22253
of the Revised Code that specifies that the animal feeding	22254
facility has caused agricultural pollution by failure to comply	22255
with standards established under that section and that the animal	22256
feeding facility therefore should be required to be permitted as a	22257
medium or small concentrated animal feeding operation.	22258

(2) The director or the director's authorized representative	22259
has inspected the animal feeding facility.	22260

(3) The director or the director's authorized representative	22261
finds that the facility is not being operated in a manner that	22262
protects the waters of the state.	22263

(B) If an animal feeding facility is required to be permitted	22264
in accordance with this section, the owner or operator of the	22265
facility shall apply to the director for a permit to operate as a	22266
concentrated animal feeding operation. In a situation in which	22267
best management practices cannot be implemented without modifying	22268
the existing animal feeding facility, the owner or operator of the	22269
facility also shall apply for a permit to install for the	22270
facility.	22271

(C) In the case of an animal feeding facility for which a	22272
permit to operate is required under this section, a permit to	22273
operate shall not be required after the end of the five-year term	22274
of the permit if the problems that caused the facility to be	22275
required to obtain the permit have been corrected to the	22276
director's satisfaction.	22277

Sec. 903.11. (A) The director of agriculture may enter into	22278
contracts or agreements to carry out the purposes of this chapter	22279
with any public or private person, including the Ohio state	22280
university extension service, the natural resources conservation	22281
service in the United States department of agriculture, the	22282
environmental protection agency, the division of soil and water	22283
~~conservation~~resources in the department of natural resources, and	22284
soil and water conservation districts established under Chapter	22285
1515. of the Revised Code. However, the director shall not enter	22286
into a contract or agreement with a private person for the review	22287
of applications for permits to install, permits to operate, NPDES	22288
permits, or review compliance certificates that are issued under	22289
this chapter or for the inspection of a facility regulated under	22290
this chapter or with any person for the issuance of any of those	22291
permits or certificates or for the enforcement of this chapter and	22292
rules adopted under it.	22293

(B) The director may administer grants and loans using moneys	22294
from the federal government and other sources, public or private,	22295
for carrying out any of the director's functions. Nothing in this	22296
chapter shall be construed to limit the eligibility of owners or	22297
operators of animal feeding facilities or other agricultural	22298
enterprises to receive moneys from the water pollution control	22299
loan fund established under section 6111.036 of the Revised Code	22300
and the nonpoint source pollution management fund established	22301
under section 6111.037 of the Revised Code.	22302

The director of agriculture shall provide the director of	22303
environmental protection with written recommendations for	22304
providing financial assistance from those funds to agricultural	22305
enterprises. The director of environmental protection shall	22306
consider the recommendations in developing priorities for	22307
providing financial assistance from the funds.	22308

Sec. 903.25. An owner or operator of an animal feeding	22309
facility who holds a permit to install, a permit to operate, a	22310
review compliance certificate, or a NPDES permit or who is	22311
operating under an operation and management plan, as defined in	22312
section 1511.01 of the Revised Code, approved by the chief of the	22313
division of soil and water ~~conservation~~resources in the	22314
department of natural resources under section 1511.02 of the	22315
Revised Code or by the supervisors of the appropriate soil and	22316
water conservation district under section 1515.08 of the Revised	22317
Code shall not be required by any political subdivision of the	22318
state or any officer, employee, agency, board, commission,	22319
department, or other instrumentality of a political subdivision to	22320
obtain a license, permit, or other approval pertaining to manure,	22321
insects or rodents, odor, or siting requirements for installation	22322
of an animal feeding facility.	22323

Sec. 905.32. (A) No person shall manufacture or distribute	22324
in this state any type of fertilizer until a license to	22325
manufacture or distribute has been obtained by the manufacturer or	22326
distributor from the department of agriculture upon payment of a	22327
five dollar fee:	22328

(1) For each fixed (permanent) location at which fertilizer	22329
is manufactured in this state;	22330

(2) For each mobile unit used to manufacture fertilizer in	22331
this state;	22332

(3) For each location out of the state from which fertilizer	22333
is distributed in this state to nonlicensees.	22334

All licenses shall be valid for one year beginning on the	22335
first day of December of a calendar year through the thirtieth day	22336
of November of the following calendar year. A renewal application	22337
for a license shall be submitted no later than the thirtieth day	22338
of November each year. A person who submits a renewal application	22339
for a license after the thirtieth day of November shall include	22340
with the application a late filing fee of ten dollars.	22341

(B) An application for license shall include:

22342

(1) The name and address of the licensee;

22343

(2) The name and address of each bulk distribution point in	22344
the state, not licensed for fertilizer manufacture and	22345
distribution.	22346

The name and address shown on the license shall be shown on	22347
all labels, pertinent invoices, and bulk storage for fertilizers	22348
distributed by the licensee in this state.	22349

(C) The licensee shall inform the director of agriculture in	22350
writing of additional distribution points established during the	22351
period of the license.	22352

(D) All money collected under this section shall be credited	22353
to the pesticide, fertilizer, and lime program fund created in	22354
section 921.22 of the Revised Code.	22355

Sec. 905.33. (A) Except as provided in division (C) of this	22356
section, no person shall distribute in this state a specialty	22357
fertilizer until it is registered by the manufacturer or	22358
distributor with the department of agriculture. An application, in	22359
duplicate, for each brand and product name of each grade of	22360
specialty fertilizer shall be made on a form furnished by the	22361
director of agriculture and shall be accompanied with a fee of	22362
fifty dollars for each brand and product name of each grade.	22363
Labels for each brand and product name of each grade shall	22364
accompany the application. Upon the approval of an application by	22365
the director, a copy of the registration shall be furnished the	22366
applicant. All registrations shall be valid for one year beginning	22367
on the first day of December of a calendar year through the	22368
thirtieth day of November of the following calendar year.	22369

(B) An application for registration shall include the	22370
following:	22371

(1) Name and address of the manufacturer or distributor;

22372

(2) The brand and product name;

22373

(3) The grade;

22374

(4) The guaranteed analysis;

22375

(5) The package sizes for persons that package fertilizers	22376
only in containers of ten pounds or less.	22377

(C)(1) No person who engages in the business of applying	22378
custom mixed fertilizer to lawns, golf courses, recreation areas,	22379
or other real property that is not used for agricultural	22380
production shall be required to register the custom mixed	22381
fertilizer as a specialty fertilizer in accordance with division	22382
(A) of this section if the fertilizer ingredients of the custom	22383
mixed fertilizer are registered as specialty fertilizers and the	22384
inspection fee described in division (A) of section 905.36 of the	22385
Revised Code is paid.	22386

(2) No person who engages in the business of blending custom	22387
mixed fertilizer for use on lawns, golf courses, recreation areas,	22388
or other real property that is not used for agricultural	22389
production shall be required to register the custom mixed	22390
fertilizer as a specialty fertilizer in accordance with division	22391
(A) of this section if the facility holds a nonagricultural	22392
production custom mixed fertilizer blender license issued under	22393
section 905.331 of the Revised Code.	22394

(D) A person who engages in the business of applying or	22395
blending custom mixed fertilizer as described in division (C) of	22396
this section shall maintain an original or a copy of an invoice or	22397
document of sale for all fertilizer the person applies or	22398
distributes for one year following the date of the application or	22399
distribution, and, upon the director's request, shall furnish the	22400
director with the invoice or document of sale for the director's	22401
review.	22402

(E) All money collected under this section shall be credited	22403
to the pesticide, fertilizer, and lime program fund created in	22404
section 921.22 of the Revised Code.	22405

Sec. 905.331. No person who engages in the business of	22406
blending a custom mixed fertilizer for use on lawns, golf courses,	22407
recreation areas, or other real property that is not used for	22408
agricultural production shall fail to register a specialty	22409
fertilizer in accordance with division (A) of section 905.33 of	22410
the Revised Code unless the person has obtained an annual	22411
nonagricultural production custom mixed fertilizer blender license	22412
from the director of agriculture.	22413

A license issued under this section shall be valid from the	22414
first day of December of a calendar year through the thirtieth day	22415
of November of the following calendar year. A renewal application	22416
for a nonagricultural production custom mixed fertilizer blender	22417
license shall be submitted to the director no later than the	22418
thirtieth day of November each year and shall include the name and	22419
address of the applicant and of the premises where the blending	22420
occurs and a one-hundred-dollar fee. A person who submits a	22421
renewal application for a license after the thirtieth day of	22422
November shall include with the application a late filing fee of	22423
ten dollars. All nonagricultural production custom mixed	22424
fertilizer blender licenses expire on the thirtieth day of	22425
November each year.	22426

A person holding a nonagricultural production custom mixed	22427
fertilizer blender license shall pay the inspection fees described	22428
in division (A) of section 905.36 of the Revised Code for each	22429
product being blended.	22430

All money collected under this section shall be credited to	22431
the pesticide, fertilizer, and lime program fund created in	22432
section 921.22 of the Revised Code.	22433

Sec. 905.36. (A) A licensee or registrant, except	22434
registrants who package specialty fertilizers only in containers	22435
of ten pounds or less, shall pay the director of agriculture for	22436
all fertilizers distributed in this state an inspection fee at the	22437
rate of twenty-five cents per ton or twenty-eight cents per metric	22438
ton. Licensees and registrants shall specify on an invoice whether	22439
the per ton inspection fee has been paid or whether payment of the	22440
fee is the responsibility of the purchaser of the fertilizer. The	22441
payment of this inspection fee by a licensee or registrant shall	22442
exempt all other persons from the payment of this fee.	22443

(B) Every licensee or registrant shall file with the director	22444
an annual tonnage report that includes the number of net tons or	22445
metric tons of fertilizer distributed to nonlicensees or	22446
nonregistrants in this state by grade; packaged; bulk, dry or	22447
liquid. The report shall be filed on or before the thirtieth day	22448
of November of each calendar year and shall include data from the	22449
period beginning on the first day of November of the year	22450
preceding the year in which the report is due through the	22451
thirty-first day of October of the year in which the report is	22452
due. The licensee or registrant, except registrants who package	22453
specialty fertilizers only in containers of ten pounds or less,	22454
shall include with this statement the inspection fee at the rate	22455
stated in division (A) of this section. For a tonnage report that	22456
is not filed or payment of inspection fees that is not made on or	22457
before the thirtieth day of November of the applicable calendar	22458
year, a penalty of fifty dollars or ten per cent of the amount	22459
due, whichever is greater, shall be assessed against the licensee	22460
or registrant. The amount of fees due, plus penalty, shall	22461
constitute a debt and become the basis of a judgment against the	22462
licensee or registrant. For tonnage reports found to be	22463
incorrect, a penalty of fifteen per cent of the amount due shall	22464
be assessed against the licensee or registrant and shall	22465
constitute a debt and become the basis of a judgment against the	22466
licensee or registrant.	22467

(C) No information furnished under this section shall be	22468
disclosed by any employee of the department of agriculture in such	22469
a way as to divulge the operation of any person required to make	22470
such a report. The filing by a licensee or registrant of a sales	22471
volume tonnage statement required by division (B) of this section	22472
thereby grants permission to the director to verify the same with	22473
the records of the licensee or registrant.	22474

(D) All money collected under this section shall be credited	22475
to the pesticide, fertilizer, and lime program fund created in	22476
section 921.22 of the Revised Code.	22477

Sec. 905.50. If the director of agriculture has taken an	22478
official sample of a fertilizer or mixed fertilizer and determined	22479
that it constitutes mislabeled fertilizer pursuant to rules	22480
adopted under section 905.40 of the Revised Code, the person who	22481
labeled the fertilizer or mixed fertilizer shall pay a penalty to	22482
the consumer of the mislabeled fertilizer or, if the consumer	22483
cannot be determined with reasonable diligence or is not	22484
available, to the director ~~for deposit into~~to be credited to the	22485
~~commercial feed~~pesticide, fertilizer, ~~seed,~~ and lime ~~inspection~~	22486
~~and laboratory~~program fund created under section ~~905.38~~921.22 of	22487
the Revised Code. The amount of the penalty shall be calculated in	22488
accordance with either division (A) or (B) of this section,	22489
whichever method of calculation yields the largest amount.	22490

(A)(1) A penalty required to be paid under this section may	22491
be calculated as follows:	22492

(a) Five dollars for each percentage point of total nitrogen	22493
or phosphorus in the fertilizer that is below the percentage of	22494
nitrogen or phosphorus guaranteed on the label, multiplied by the	22495
number of tons of mislabeled fertilizer that have been sold to the	22496
consumer;	22497

(b) Three dollars for each percentage point of potash in the	22498
fertilizer that is below the percentage of potash guaranteed on	22499
the label, multiplied by the number of tons of mislabeled	22500
fertilizer that have been sold to the consumer.	22501

(2) In the case of a fertilizer that contains a quantity of	22502
nitrogen, phosphorus, or potash that is more than five percentage	22503
points below the percentages guaranteed on the label, the	22504
penalties calculated under division (A)(1) of this section shall	22505
be tripled.	22506

(3) No penalty calculated under division (A) of this section	22507
shall be less than twenty-five dollars.	22508

(B) A penalty required to be paid under this section may be	22509
calculated by multiplying the market value of one unit of the	22510
mislabeled fertilizer by the number of units of the mislabeled	22511
fertilizer that have been sold to the consumer.	22512

(C) Upon making a determination under this section that a	22513
person has mislabeled fertilizer or mixed fertilizer, the director	22514
shall determine the parties to whom the penalty imposed by this	22515
section is required to be paid and, in accordance with division	22516
(A) or (B) of this section, as applicable, shall calculate the	22517
amount of the penalty required to be paid to each such party.	22518
After completing those determinations and calculations, the	22519
director shall issue to the person who allegedly mislabeled the	22520
fertilizer or mixed fertilizer a notice of violation. The notice	22521
shall be accompanied by an order requiring, and specifying the	22522
manner of, payment of the penalty imposed by this section to the	22523
parties in the amounts set forth in the determinations and	22524
calculations required by this division. The order shall be issued	22525
in accordance with Chapter 119. of the Revised Code.	22526

No person shall violate a term or condition of an order	22527
issued under this division.	22528

Sec. 905.51. As used in sections 905.51 to ~~905.66~~905.65 of	22529
the Revised Code:	22530

(A) "Liming material" means all materials, the calcium and	22531
magnesium content of which is used to neutralize soil acidity, and	22532
includes the oxide, hydrate, carbonate, and silicate forms, as	22533
defined by rule, or combinations of those forms. "Liming material"	22534
includes materials such as the following:	22535

(1) Limestone;

22536

(2) Hydrated lime;

22537

(3) Burnt lime;

22538

(4) Industrial by-product;

22539

(5) Marl and shell.

22540

(B) "Bulk" means in a nonpackaged form.

22541

(C) "Label" means any written or printed matter on the	22542
package, or tag attached thereto.	22543

(D) "Manufacture" means to process, crush, grind, pelletize,	22544
or blend.	22545

(E) "Person" means any partnership, association, firm, or	22546
corporation, company, society, individual or combination of	22547
individuals, institution, park, or public agency administered by	22548
the state or any subdivision of the state.	22549

(F) "Product name" means a coined or specific designation	22550
applied to an individual liming material.	22551

(G) "Sale" means an exchange or offer to exchange ownership,	22552
or a transfer or offer to transfer custody.	22553

(H) "Ton" means a net weight of two thousand pounds.

22554

(I) "Metric ton" means a measure of weight equal to one	22555
thousand kilograms.	22556

(J) "Pelletized lime" means a finely ground limestone product	22557
or manufactured material that is held together in a granulated	22558
form by a water soluble binding agent and that is capable of	22559
neutralizing soil acidity.	22560

(K) "Water treatment lime sludge" means lime sludge generated	22561
during the process of treating water supplies having levels of	22562
heavy metals at or below the levels permitted in standards adopted	22563
by the director of environmental protection governing the land	22564
application of lime sludge so generated.	22565

(L) "Distribute" means to offer for sale, sell, barter, or	22566
otherwise supply liming material in this state.	22567

(M) "Official sample" means any sample of liming material	22568
taken and designated as "official" by the director of agriculture	22569
or the director's designee.	22570

(N) "Effective neutralizing power" means the neutralizing	22571
value of liming material based on the total neutralizing power and	22572
fineness that is expressed as a dry weight percentage.	22573

(O) "Fineness index" means the percentage by weight of a	22574
liming material that will pass designated sieves, calculated to	22575
account for particle size distribution by adding the amounts	22576
arrived at under divisions (O)(1), (2), and (3) of this section as	22577
follows:	22578

(1) Two-tenths multiplied by the percentage of material	22579
passing a number eight United States standard sieve minus the	22580
percentage of material passing a number twenty United States	22581
standard sieve.	22582

(2) Six-tenths multiplied by the percentage of material	22583
passing a number twenty United States standard sieve minus the	22584
percentage of material passing a number sixty United States	22585
standard sieve.	22586

(3) One multiplied by the percentage of material passing a	22587
number sixty United States standard sieve.	22588

Sec. 905.52. (A) Except as provided in section 905.53 of the	22589
Revised Code, no person shall manufacture, sell, or distribute in	22590
this state liming material without a license to do so issued by	22591
the department of agriculture.	22592

(B) Each such license expires on the thirty-first day of	22593
December of each year and shall be renewed according to the	22594
standard renewal procedure of sections 4745.01 to 4745.03 of the	22595
Revised Code.	22596

(C) Each application for issuance or renewal of such a	22597
license shall:	22598

(1) Include the name and address of the applicant and the	22599
name and address of each bulk distribution point from which the	22600
applicant's liming material will be distributed in this state;	22601

(2) Be accompanied by a license fee of fifty dollars:

22602

(a) For each location at which liming material is	22603
manufactured in this state;	22604

(b) For each location out of the state from which liming	22605
material is distributed or sold in this state to nonlicensees.	22606

(3) Be accompanied by a label for each product name and	22607
grade.	22608

(D) The name and address of the applicant shown on the	22609
application shall be shown on all labels, pertinent invoices, and	22610
bulk storage for liming material distributed or sold by the	22611
licensee in this state.	22612

(E) The licensee shall inform the department in writing of	22613
additional distribution points established during the period of	22614
the license.	22615

(F) All money collected under this section shall be credited	22616
to the pesticide, fertilizer, and lime program fund created in	22617
section 921.22 of the Revised Code.	22618

Sec. 905.56. (A) Each licensee shall file with the	22619
department of agriculture an annual tonnage report that includes	22620
the number of net tons of liming material sold or distributed to a	22621
non-licensee in this state, by county, by oxide and hydrate forms,	22622
and by grade as defined in section 905.54 of the Revised Code,	22623
within forty days after the thirty-first day of December of each	22624
calendar year. The inspection fee at the rate stated in division	22625
(B) of this section shall accompany this report.	22626

(B) Each licensee who sells or distributes more than	22627
twenty-five hundred tons of agricultural liming material in this	22628
state shall pay to the department an inspection fee. The	22629
inspection fee is one fourth of one cent for each ton in excess of	22630
twenty-five hundred tons, as reported in the tonnage report	22631
required by division (A) of this section. The maximum inspection	22632
fee is three hundred dollars.	22633

(C) If a tonnage report is not filed, or if the inspection	22634
fee is not paid within ten days after the due date, a penalty of	22635
ten per cent of the amount due, with a minimum penalty of ten	22636
dollars, shall be assessed against the licensee. The amount of fee	22637
due, plus penalty, shall constitute a debt and shall become the	22638
basis of a judgment against the licensee. Such remedy is in	22639
addition to the remedy provided in section 905.62 of the Revised	22640
Code.	22641

(D) The director of agriculture may inspect the inventories,	22642
books, and records of any licensee in order to verify a tonnage	22643
report. If the director finds that a tonnage report is erroneous,	22644
the director may adjust the inspection fee, may assess any balance	22645
due against the licensee, and may impose a penalty not to exceed	22646
ten per cent of the balance due, or may refund any overpayment.	22647

(E) All money collected under this section shall be credited	22648
to the pesticide, fertilizer, and lime program fund created in	22649
section 921.22 of the Revised Code.	22650

Sec. 907.13. No person shall label agricultural, vegetable,	22651
or flower seed that is intended for sale in this state unless the	22652
person holds a valid seed labeler permit that has been issued by	22653
the director of agriculture in accordance with this section.	22654

A person who wishes to obtain a seed labeler permit shall	22655
file an application with the director on a form that the director	22656
provides and shall submit a permit fee in the amount of ten	22657
dollars. Such a person who labels seed under more than one name or	22658
at more than one address shall obtain a separate seed labeler	22659
permit and pay a separate permit fee for each name and address.	22660

The applicant shall include the applicant's full name and	22661
address on the application together with any additional	22662
information that the director requires by rules adopted under	22663
section 907.10 of the Revised Code. If the applicant's address is	22664
not within this state or it does not represent a location in this	22665
state where the director can collect samples of the applicant's	22666
seed for analysis, then the applicant shall include on the	22667
application an address within this state where samples of the	22668
applicant's seed may be collected for those purposes or shall	22669
agree to provide the director or the director's authorized	22670
representative with seeds for sampling upon request.	22671

Upon receipt of a complete application accompanied by the	22672
ten-dollar permit fee, the director shall issue a seed labeler's	22673
permit to the applicant. All seed labeler permits that are issued	22674
under this section shall expire on the thirty-first day of	22675
December of each year regardless of the date on which a permit was	22676
issued during that year.	22677

Each person who obtains a seed labeler permit shall label the	22678
seed that the person intends for sale in this state in accordance	22679
with the requirements established in sections 907.01 to 907.17 of	22680
the Revised Code. Each person who holds a valid seed labeler	22681
permit shall keep the permit posted in a conspicuous place in the	22682
principal seed room from which the person sells seed and shall	22683
comply with the reporting and fee requirements that are	22684
established in section 907.14 of the Revised Code.	22685

All money collected under this section shall be credited to	22686
the commercial feed and seed fund created in section 923.46 of the	22687
Revised Code.	22688

Sec. 907.14. (A) A person who holds a valid seed labeler	22689
permit issued under section 907.13 of the Revised Code shall	22690
report to the director of agriculture concerning the amount of	22691
seed that the person sells in this state. The report shall be made	22692
semiannually on a form that the director prescribes and provides.	22693
One semiannual report shall be filed with the director prior to	22694
the first day of February of each year with respect to all sales	22695
that the person made during the period from the first day of July	22696
to the thirty-first day of December of the preceding year. The	22697
second semiannual report shall be filed prior to the first day of	22698
August of each year with respect to all sales that the person made	22699
during the period from the first day of January to the thirtieth	22700
day of June of that year.	22701

(B) A person who holds a valid seed labeler permit shall	22702
include with each semiannual report a seed fee based on the amount	22703
of the seed that the person sold during that reporting period as	22704
follows:	22705

(1) For soybeans and small grains, including barley, oats,	22706
rye, wheat, triticale, and spelt, four cents per one hundred	22707
pounds;	22708

(2) For corn and grain sorghum, five cents per one hundred	22709
pounds;	22710

(3)(a) For any of the following seed sold at wholesale or	22711
retail or on consignment or commission, two per cent of the	22712
wholesale value of the containers of seed or, if the seed is not	22713
sold wholesale, two per cent of the retail value of the containers	22714
of seed:	22715

(i) Vegetable and flower seed sold in containers, other than	22716
hermetically sealed containers, of eight ounces or less;	22717

(ii) Flower seed sold in hermetically sealed containers that	22718
contain fewer than three hundred seeds;	22719

(iii) Vegetable seed sold in hermetically sealed containers	22720
that contain fewer than one thousand seeds.	22721

(b) The fees established pursuant to divisions (B)(3)(a)(ii)	22722
and (iii) of this section apply to both of the following:	22723

(i) Seed sold in hermetically sealed containers that contain	22724
the amount of seeds specified in division (B)(3)(a)(ii) or (iii)	22725
of this section, as applicable;	22726

(ii) Seed sold in hermetically sealed containers that do not	22727
clearly state the number of seeds that they contain.	22728

(c) Except as otherwise provided in division (B)(3)(b)(ii) of	22729
this section, if the weight of seed in a container, or the	22730
quantity of seed in a container, exceeds the applicable weight or	22731
quantity specified in division (B)(3)(a)(i), (ii), or (iii) of	22732
this section, the fee established in division (B)(4) of this	22733
section applies.	22734

(4) For alfalfa, clover, grass, native grass, mixtures	22735
containing any of these, and all agricultural, vegetable, and	22736
flower seeds not specified in divisions (B)(1) to (3) of this	22737
section, ten cents per one hundred pounds.	22738

If the total amount of the seed fee that is due is less than	22739
five dollars, the person shall pay the minimum seed fee, which is	22740
five dollars.	22741

(C) For each failure to report in full the amount of seed	22742
sold or to submit the required seed fees in full by the due date,	22743
a person who holds a valid seed labeler permit shall pay a penalty	22744
of ten per cent of the amount due or fifty dollars, whichever is	22745
greater. Failure to pay either the fee or the penalty within	22746
thirty days after the due date is cause for suspension or	22747
revocation by the director of the seed labeler permit or refusal,	22748
without a hearing, to issue a subsequent seed labeler permit for	22749
which the person applies.	22750

(D) This section does not apply to governmental entities that	22751
donate seed for conservation purposes.	22752

(E) All money collected under this section shall be credited	22753
to the commercial feed and seed fund created in section 923.46 of	22754
the Revised Code.	22755

Sec. 907.30. (A) No person shall apply legume inoculants to	22756
seed for sale in ~~Ohio,~~this state for others or to a customer's	22757
order unless ~~he shall have~~the person has obtained from the	22758
director of agriculture a legume inoculator's license for each	22759
such place of business where seed is inoculated. Application for	22760
such a license shall be made on a form obtainable from the	22761
director and shall be accompanied by a fee of five dollars. ~~Said~~	22762
The application shall include the name of the brand, or brands of	22763
legume inoculant to be used together with the name of the	22764
manufacturer, and the name of the process or technique used to	22765
apply the inoculant to the seed. All such licenses shall expire	22766
each year on the thirty-first day of January and shall be renewed	22767
according to the standard renewal procedure of sections 4745.01 to	22768
4745.03~~, inclusive,~~ of the Revised Code.	22769

(B) The legume inoculator shall keep for a period of eighteen	22770
months, records ~~which~~that shall include complete data concerning	22771
the source and lot number of the inoculant material used, the rate	22772
and date of application, and the lot identity by owner and lot	22773
number, if any, of the seed to which the material was applied.	22774

(C) All money collected under this section shall be credited	22775
to the commercial feed and seed fund created in section 923.46 of	22776
the Revised Code.	22777

Sec. 907.31. Any person who submits an application for the	22778
registration of a brand of legume inoculant shall pay annually,	22779
prior to the first day of January, a registration and inspection	22780
fee in the amount of fifty dollars per brand.	22781

The registration shall be renewed according to the standard	22782
renewal procedure established in Chapter 4745. of the Revised	22783
Code.	22784

All money collected under this section shall be credited to	22785
the commercial feed and seed fund created in section 923.46 of the	22786
Revised Code.	22787

Sec. 915.24. (A) There is hereby created in the state	22788
treasury the food safety fund. All of the following moneys shall	22789
be credited to the fund:	22790

(1) Bakery registration fees and fines received under	22791
sections 911.02 to 911.20 of the Revised Code;	22792

(2) Cannery license fees and renewal fees received under	22793
sections 913.01 to 913.05 of the Revised Code;	22794

(3) Moneys received under sections 913.22 to 913.28 of the	22795
Revised Code;	22796

(4) License fees, fines, and penalties recovered for the	22797
violation of sections 915.01 to 915.12 of the Revised Code;	22798

(5) License fees collected under sections 915.14 to 915.23 of	22799
the Revised Code;	22800

(6) License fees, other fees, and fines collected by or for	22801
the director of agriculture under Chapter 3717. of the Revised	22802
Code;	22803

(7) Fees collected under section 3715.04 of the Revised Code	22804
for the issuance of certificates of health and freesale;	22805

(8) Registration fees and other fees collected by the	22806
director of agriculture under section 3715.041 of the Revised	22807
Code.	22808

(B) The director of agriculture shall use the moneys	22809
deposited into the food safety fund to administer and enforce the	22810
laws pursuant to which the moneys were collected.	22811

Sec. 918.08. (A) Except as provided in division (F) of this	22812
section, no person shall operate an establishment without first	22813
licensing the establishment with the department of agriculture.	22814
The owner of an establishment desiring a license with the	22815
department may make application therefor on forms provided by the	22816
department. If after inspection the director of agriculture finds	22817
that an establishment is in compliance with this chapter and rules	22818
adopted under it, the director shall notify the owner of the	22819
establishment and, upon receipt of the required license fee, the	22820
establishment shall be permitted to operate. However, if after	22821
inspection the director finds that an establishment is not in	22822
compliance with this chapter and rules adopted under it, the	22823
director shall deny the license application. The applicant may	22824
appeal the denial of the license application in accordance with	22825
Chapter 119. of the Revised Code. The license shall expire	22826
annually on the thirty-first day of March and, if the director	22827
finds that the establishment is in compliance with this chapter	22828
and rules adopted under it, shall be renewed according to the	22829
standard renewal procedure of sections 4745.01 to 4745.03 of the	22830
Revised Code.	22831

(B) The annual license fee for each establishment, or a	22832
renewal thereof, is ~~fifty~~one hundred dollars. All fees collected	22833
under this section shall be deposited into the poultry and meat	22834
products fund created in section 918.15 of the Revised Code.	22835

(C) If after inspection the director determines that an	22836
establishment licensed under division (A) of this section is	22837
operating in violation of this chapter or the rules adopted	22838
thereunder, the director shall notify the licensee in writing of	22839
the violation and give the licensee ten days from the date of	22840
notice to cease or correct the conditions causing the violation.	22841
If the conditions causing the violation continue after the	22842
expiration of the ten-day period, the director may do either of	22843
the following:	22844

(1) Impose progressive enforcement actions as provided in	22845
division (D)(1) of this section in the same manner as inspectors;	22846

(2) Suspend or revoke the establishment's license in	22847
accordance with Chapter 119. of the Revised Code.	22848

(D)(1) If an inspector determines that an establishment	22849
licensed under division (A) of this section is operating in	22850
violation of sections 918.01 to 918.12 of the Revised Code and	22851
rules adopted under those sections, the inspector may notify the	22852
licensee in writing of the violation. The inspector immediately	22853
may impose progressive enforcement actions, including withholding	22854
the mark of inspection, suspension of inspection, suspension of	22855
inspection held in abeyance, and withdrawal of inspection. The	22856
progressive enforcement actions may be taken prior to affording	22857
the licensee an opportunity for a hearing. As authorized in	22858
division (C) of section 119.06 of the Revised Code, a decision to	22859
impose a progressive enforcement action is immediately appealable	22860
to a higher authority within the department who is classified by	22861
the director as a district supervisor and who is designated by the	22862
director to hear the appeal. If the district supervisor affirms	22863
the enforcement action of the inspector, the licensee may appeal	22864
the enforcement action in accordance with Chapter 119. of the	22865
Revised Code.	22866

(2) As used in division (D)(1) of this section, "suspension	22867
of inspection held in abeyance" means a period of time during	22868
which a suspension of inspection is lifted because an	22869
establishment has presented the director with a corrective action	22870
plan that, if implemented properly, would bring the establishment	22871
into compliance with this chapter and rules adopted under it.	22872

(E) If in the opinion of the director the establishment is	22873
being operated under such insanitary conditions as to be a hazard	22874
to public health, or if the director determines that an	22875
establishment is not in compliance with its hazard analysis	22876
critical control point plan as required by rules, the director may	22877
condemn or retain the product on hand and immediately withdraw	22878
inspection from the establishment until the insanitary conditions	22879
are corrected or until the establishment is in compliance with its	22880
hazard analysis critical control point plan, as applicable. The	22881
director may take those actions prior to an adjudication hearing	22882
as required under section 119.06 of the Revised Code. The director	22883
subsequently shall afford a hearing upon the request of the owner	22884
or operator of the establishment.	22885

(F) Any person operating an establishment as defined in	22886
section 918.01 of the Revised Code who also operates on the same	22887
premises an establishment as defined in section 918.21 of the	22888
Revised Code shall apply either for licensure under section 918.08	22889
of the Revised Code or for licensure under section 918.28 of the	22890
Revised Code, but not for both, as the director shall determine.	22891

(G) If the director determines that the owner or operator of	22892
or any person employed by an establishment licensed under division	22893
(A) of this section forcibly assaulted, resisted, opposed,	22894
impeded, intimidated, or interfered with any person while that	22895
person was engaged in, or because of the person's performance of,	22896
official duties under sections 918.01 to 918.12 of the Revised	22897
Code or the rules adopted under those sections, the director	22898
immediately may withdraw inspection from the establishment prior	22899
to an adjudication hearing as required under section 119.06 of the	22900
Revised Code.	22901

(H) In addition to any remedies provided by law and	22902
irrespective of whether or not there exists an adequate remedy at	22903
law, the director may apply to the court of common pleas of the	22904
county in which a violation of sections 918.01 to 918.12 of the	22905
Revised Code or rules adopted under those sections occurs for a	22906
temporary or permanent injunction or other appropriate relief	22907
concerning the violation.	22908

Sec. 918.28. (A) Except as provided in division (F) of	22909
section 918.08 of the Revised Code, application for a license to	22910
operate an establishment shall be made to the director of	22911
agriculture on forms provided by the department of agriculture.	22912
The director shall inspect the establishment and if, upon	22913
inspection, the establishment is found to be in compliance with	22914
this chapter and rules adopted under it, the director shall so	22915
notify the owner of the establishment and, upon receipt of the	22916
annual license fee of ~~fifty~~one hundred dollars, shall issue the	22917
owner a license. However, if after inspection the director finds	22918
that an establishment is not in compliance with this chapter and	22919
rules adopted under it, the director shall deny the license	22920
application. The applicant may appeal the denial of the license	22921
application in accordance with Chapter 119. of the Revised Code.	22922
The license shall expire on the thirty-first day of March of each	22923
year and, if the director finds that the establishment is in	22924
compliance with this chapter and rules adopted under it, shall be	22925
renewed according to the standard renewal procedures of sections	22926
4745.01 to 4745.03 of the Revised Code.	22927

(B) If after inspection the director determines that an	22928
establishment licensed under this section is operating in	22929
violation of this chapter or a rule or order adopted or issued	22930
under authority thereof, the director shall notify the licensee in	22931
writing of the violation, giving the licensee ten days from the	22932
date of the notice to correct the conditions causing the	22933
violation. If the conditions are not corrected within the ten-day	22934
period, the director may do either of the following:	22935

(1) Impose progressive enforcement actions as provided in	22936
division (C)(1) of this section in the same manner as inspectors;	22937

(2) Suspend or revoke the license in accordance with Chapter	22938
119. of the Revised Code.	22939

(C)(1) If an inspector determines that an establishment	22940
licensed under division (A) of this section is operating in	22941
violation of sections 918.21 to 918.31 of the Revised Code and	22942
rules adopted under those sections, the inspector may notify the	22943
licensee in writing of the violation. The inspector immediately	22944
may impose progressive enforcement actions, including withholding	22945
the mark of inspection, suspension of inspection, suspension of	22946
inspection held in abeyance, and withdrawal of inspection. The	22947
progressive enforcement actions may be taken prior to affording	22948
the licensee an opportunity for a hearing. As authorized in	22949
division (C) of section 119.06 of the Revised Code, a decision to	22950
impose a progressive enforcement action is immediately appealable	22951
to a higher authority within the department who is classified by	22952
the director as a district supervisor and who is designated by the	22953
director to hear the appeal. If the district supervisor affirms	22954
the enforcement action of the inspector, the licensee may appeal	22955
the enforcement action in accordance with Chapter 119. of the	22956
Revised Code.	22957

(2) As used in division (C)(1) of this section, "suspension	22958
of inspection held in abeyance" means a period of time during	22959
which a suspension of inspection is lifted because an	22960
establishment has presented the director with a corrective action	22961
plan that, if implemented properly, would bring the establishment	22962
into compliance with this chapter and rules adopted under it.	22963

(D) If in the opinion of the director the establishment is	22964
being operated under such insanitary conditions as to be a hazard	22965
to public health, or if the director determines that an	22966
establishment is not in compliance with its hazard analysis	22967
critical control point plan as required by rules, the director may	22968
condemn or retain the product on hand and immediately withdraw	22969
inspection from the establishment until such time as the	22970
insanitary conditions are corrected or until the establishment is	22971
in compliance with its hazard analysis critical control point	22972
plan, as applicable.	22973

(E) If the director determines that the owner or operator of	22974
or any person employed by an establishment licensed under division	22975
(A) of this section forcibly assaulted, resisted, opposed,	22976
impeded, intimidated, or interfered with any person while that	22977
person was engaged in, or because of the person's performance of,	22978
official duties under sections 918.21 to 918.31 of the Revised	22979
Code or the rules adopted under those sections, the director	22980
immediately may withdraw inspection from the establishment prior	22981
to an adjudication hearing as required under section 119.06 of the	22982
Revised Code.	22983

(F) In addition to any remedies provided by law and	22984
irrespective of whether or not there exists an adequate remedy at	22985
law, the director may apply to the court of common pleas of the	22986
county in which a violation of sections 918.21 to 918.31 of the	22987
Revised Code or rules adopted under those sections occurs for a	22988
temporary or permanent injunction or other appropriate relief	22989
concerning the violation.	22990

Sec. 921.02. (A) No person shall distribute a pesticide	22991
within this state unless the pesticide is registered with the	22992
director of agriculture under this chapter. Registrations shall be	22993
issued for a period of time established by rule and shall be	22994
renewed in accordance with deadlines established by rule.	22995
Registration is not required if a pesticide is shipped from one	22996
plant or warehouse to another plant or warehouse operated by the	22997
same person and used solely at that plant or warehouse as a	22998
constituent part to make a pesticide that is registered under this	22999
chapter, or if the pesticide is distributed under the provisions	23000
of an experimental use permit issued under section 921.03 of the	23001
Revised Code or an experimental use permit issued by the United	23002
States environmental protection agency.	23003

(B) The applicant for registration of a pesticide shall file	23004
a statement with the director on a form provided by the director,	23005
which shall include all of the following:	23006

(1) The name and address of the applicant and the name and	23007
address of the person whose name will appear on the label, if	23008
other than the applicant's name;	23009

(2) The brand and product name of the pesticide;

23010

(3) Any necessary information required for completion of the	23011
department of agriculture's application for registration,	23012
including the agency registration number;	23013

(4) A complete copy of the labeling accompanying the	23014
pesticide and a statement of all claims to be made for it,	23015
including the directions for use and the use classification as	23016
provided for in the federal act.	23017

(C) The director, when the director considers it necessary in	23018
the administration of this chapter, may require the submission of	23019
the complete formula of any pesticide including the active and	23020
inert ingredients.	23021

(D) The director may require a full description of the tests	23022
made and the results thereof upon which the claims are based for	23023
any pesticide. The director shall not consider any data submitted	23024
in support of an application, without permission of the applicant,	23025
in support of any other application for registration unless the	23026
other applicant first has offered to pay reasonable compensation	23027
for producing the test data to be relied upon and the data are not	23028
protected from disclosure by section 921.04 of the Revised Code.	23029
In the case of a renewal of registration, a statement shall be	23030
required only with respect to information that is different from	23031
that furnished when the pesticide was registered or last	23032
registered.	23033

(E) The director may require any other information to be	23034
submitted with an application.	23035

Any applicant may designate any portion of the required	23036
registration information as a trade secret or confidential	23037
business information. Upon receipt of any required registration	23038
information designated as a trade secret or confidential business	23039
information, the director shall consider the designated	23040
information as confidential and shall not reveal or cause to be	23041
revealed any such designated information without the consent of	23042
the applicants, except to persons directly involved in the	23043
registration process described in this section or as required by	23044
law.	23045

(F) Beginning January 1, 2007, each applicant shall pay a	23046
registration and inspection fee of one hundred fifty dollars for	23047
each product name and brand registered for the company whose name	23048
appears on the label. If an applicant files for a renewal of	23049
registration after the deadline established by rule, the applicant	23050
shall pay a penalty fee of seventy-five dollars for each product	23051
name and brand registered for the applicant. The penalty fee shall	23052
be added to the original fee and paid before the renewal	23053
registration is issued. In addition to any other remedy available	23054
under this chapter, if a pesticide that is not registered pursuant	23055
to this section is distributed within this state, the person	23056
required to register the pesticide shall do so and shall pay a	23057
penalty fee of seventy-five dollars for each product name and	23058
brand registered for the applicant. The penalty fee shall be added	23059
to the original fee of one hundred fifty dollars and paid before	23060
the registration is issued.	23061

(G) Provided that the state is authorized by the	23062
administrator of the United States environmental protection agency	23063
to register pesticides to meet special local needs, the director	23064
shall require the information set forth under divisions (B), (C),	23065
(D), and (E) of this section and shall register any such pesticide	23066
after determining that all of the following conditions are met:	23067

(1) Its composition is such as to warrant the proposed claims	23068
for it.	23069

(2) Its labeling and other material required to be submitted	23070
comply with the requirements of the federal act and of this	23071
chapter, and rules adopted thereunder.	23072

(3) It will perform its intended function without	23073
unreasonable adverse effects on the environment.	23074

(4) When used in accordance with widespread and commonly	23075
recognized practice, it will not generally cause unreasonable	23076
adverse effects on the environment.	23077

(5) The classification for general or restricted use is in	23078
conformity with the federal act.	23079

The director shall not make any lack of essentiality a	23080
criterion for denying the registration of any pesticide. When two	23081
pesticides meet the requirements of division (G) of this section,	23082
the director shall not register one in preference to the other.	23083

(H)(1) The director may refuse to register a pesticide if the	23084
application for registration fails to comply with this section.	23085

(2) The director may suspend or revoke a pesticide	23086
registration after a hearing in accordance with Chapter 119. of	23087
the Revised Code for a pesticide that fails to meet the claims	23088
made for it on its label.	23089

(3) The director may immediately suspend a pesticide	23090
registration, prior to a hearing, when the director believes that	23091
the pesticide poses an immediate hazard to human or animal health	23092
or a hazard to the environment. Not later than fifteen days after	23093
suspending the registration, the director shall determine whether	23094
the pesticide poses such a hazard. If the director determines that	23095
no hazard exists, the director shall lift the suspension of the	23096
registration. If the director determines that a hazard exists, the	23097
director shall revoke the registration in accordance with Chapter	23098
119. of the Revised Code.	23099

(I) All money collected under this section shall be credited	23100
to the pesticide, fertilizer, and lime program fund created in	23101
section 921.22 of the Revised Code.	23102

Sec. 921.06. (A)(1) No individual shall do any of the	23103
following without having a commercial applicator license issued by	23104
the director of agriculture:	23105

(a) Apply pesticides for a pesticide business without direct	23106
supervision;	23107

(b) Apply pesticides as part of the individual's duties while	23108
acting as an employee of the United States government, a state,	23109
county, township, or municipal corporation, or a park district,	23110
port authority, or sanitary district created under Chapter 1545.,	23111
4582., or 6115. of the Revised Code, respectively;	23112

(c) Apply restricted use pesticides. Division (A)(1)(c) of	23113
this section does not apply to a private applicator or an	23114
immediate family member or a subordinate employee of a private	23115
applicator who is acting under the direct supervision of that	23116
private applicator.	23117

(d) If the individual is the owner of a business other than a	23118
pesticide business or an employee of such an owner, apply	23119
pesticides at any of the following publicly accessible sites that	23120
are located on the property:	23121

(i) Food service operations that are licensed under Chapter	23122
3717. of the Revised Code;	23123

(ii) Retail food establishments that are licensed under	23124
Chapter 3717. of the Revised Code;	23125

(iii) Golf courses;

23126

(iv) Rental properties of more than four apartment units at	23127
one location;	23128

(v) Hospitals or medical facilities as defined in section	23129
3701.01 of the Revised Code;	23130

(vi) Child day-care centers or school child day-care centers	23131
as defined in section 5104.01 of the Revised Code;	23132

(vii) Facilities owned or operated by a school district	23133
established under Chapter 3311. of the Revised Code, including an	23134
education service center, a community school established under	23135
Chapter 3314. of the Revised Code, or a chartered or nonchartered	23136
nonpublic school that meets minimum standards established by the	23137
state board of education;	23138

(viii) Colleges as defined in section 3365.01 of the Revised	23139
Code;	23140

(ix) Food processing establishments as defined in section	23141
3715.021 of the Revised Code;	23142

(x) Any other site designated by rule.

23143

(e) Conduct authorized diagnostic inspections.

23144

(2) Divisions (A)(1)(a) to (d) of this section do not apply	23145
to an individual who is acting as a trained serviceperson under	23146
the direct supervision of a commercial applicator.	23147

(3) Licenses shall be issued for a period of time established	23148
by rule and shall be renewed in accordance with deadlines	23149
established by rule. The fee for each such license shall be	23150
established by rule. If a license is not issued or renewed, the	23151
application fee shall be retained by the state as payment for the	23152
reasonable expense of processing the application. The director	23153
shall by rule classify by pesticide-use category licenses to be	23154
issued under this section. A single license may include more than	23155
one pesticide-use category. No individual shall be required to pay	23156
an additional license fee if the individual is licensed for more	23157
than one category.	23158

The fee for each license or renewal does not apply to an	23159
applicant who is an employee of the department of agriculture	23160
whose job duties require licensure as a commercial applicator as a	23161
condition of employment.	23162

(B) Application for a commercial applicator license shall be	23163
made on a form prescribed by the director. Each application for a	23164
license shall state the pesticide-use category or categories of	23165
license for which the applicant is applying and other information	23166
that the director determines essential to the administration of	23167
this chapter.	23168

(C) If the director finds that the applicant is competent to	23169
apply pesticides and conduct diagnostic inspections and that the	23170
applicant has passed both the general examination and each	23171
applicable pesticide-use category examination as required under	23172
division (A) of section 921.12 of the Revised Code, the director	23173
shall issue a commercial applicator license limited to the	23174
pesticide-use category or categories for which the applicant is	23175
found to be competent. If the director rejects an application, the	23176
director may explain why the application was rejected, describe	23177
the additional requirements necessary for the applicant to obtain	23178
a license, and return the application. The applicant may resubmit	23179
the application without payment of any additional fee.	23180

(D)(1) A person who is a commercial applicator shall be	23181
deemed to hold a private applicator's license for purposes of	23182
applying pesticides on agricultural commodities that are produced	23183
by the commercial applicator.	23184

(2) A commercial applicator shall apply pesticides only in	23185
the pesticide-use category or categories in which the applicator	23186
is licensed under this chapter.	23187

(E) All money collected under this section shall be credited	23188
to the pesticide, fertilizer, and lime program fund created in	23189
section 921.22 of the Revised Code.	23190

Sec. 921.09. (A)(1) No person shall own or operate a	23191
pesticide business without obtaining a license from the director	23192
of agriculture. Licenses shall be issued for a period of time	23193
established by rule and shall be renewed in accordance with	23194
deadlines established by rule.	23195

(2) A person applying for a pesticide business license shall	23196
register each location that is owned by the person and used for	23197
the purpose of engaging in the pesticide business.	23198

(B) Any person who owns or operates a pesticide business	23199
outside of this state, but engages in the business of applying	23200
pesticides to properties of another for hire in this state, shall	23201
obtain a license for the person's principal out-of-state location	23202
from the director. In addition, the person shall register each	23203
location that is owned by the person in this state and used for	23204
the purpose of engaging in the pesticide business.	23205

(C)(1) The person applying for a pesticide business license	23206
shall file a statement with the director, on a form provided by	23207
the director, that shall include all of the following:	23208

(a) The address of the principal place of business of the	23209
pesticide business;	23210

(b) The address of each location that the person intends to	23211
register under division (A)(2) or (B) of this section;	23212

(c) Any other information that the director determines	23213
necessary and that the director requires by rule.	23214

(2) Each applicant shall pay a license fee established by	23215
rule for the pesticide business plus an additional fee established	23216
by rule for each pesticide business registered location specified	23217
in the application. The license may be renewed upon payment of a	23218
renewal fee established by rule plus an additional fee established	23219
by rule for each pesticide business registered location. A copy of	23220
the license shall be maintained and conspicuously displayed at	23221
each such location.	23222

(3) The issuance of a pesticide business license constitutes	23223
registration of any pesticide business location identified in the	23224
application under division (C)(1) of this section.	23225

(4) The owner or operator of a pesticide business shall	23226
notify the director not later than fifteen days after any change	23227
occurs in the information required under division (C)(1)(a) or (b)	23228
of this section.	23229

(D) The owner or operator of a pesticide business shall	23230
employ at least one commercial applicator for each pesticide	23231
business registered location the owner or operator owns or	23232
operates.	23233

(E) The owner or operator of a pesticide business is	23234
responsible for the acts of each employee in the handling,	23235
application, and use of pesticides and in the conducting of	23236
diagnostic inspections. The pesticide business license is subject	23237
to denial, modification, suspension, or revocation after a hearing	23238
for any violation of this chapter or any rule adopted or order	23239
issued under it. The director may levy against the owner or	23240
operator any civil penalties authorized by division (B) of section	23241
921.16 of the Revised Code for any violation of this chapter or	23242
any rule adopted or order issued under it that is committed by the	23243
owner or operator or by the owner's or operator's officer,	23244
employee, or agent.	23245

(F) The director may modify a license issued under this	23246
section by one of the following methods:	23247

(1) Revoking a licensee's authority to operate out of a	23248
particular pesticide business registered location listed under	23249
division (C)(1)(b) of this section;	23250

(2) Preventing a licensee from operating within a specific	23251
pesticide-use category.	23252

(G) The director may deny a pesticide business license to any	23253
person whose pesticide business license has been revoked within	23254
the previous thirty-six months.	23255

(H) Each pesticide business registered location that is owned	23256
by a pesticide business is subject to inspection by the director.	23257

(I) All money collected under this section shall be credited	23258
to the pesticide, fertilizer, and lime program fund created in	23259
section 921.22 of the Revised Code.	23260

Sec. 921.11. (A)(1) No individual shall apply restricted use	23261
pesticides unless the individual is one of the following:	23262

(a) Licensed under section 921.06 of the Revised Code;

23263

(b) Licensed under division (B) of this section;

23264

(c) A trained serviceperson who is acting under the direct	23265
supervision of a commercial applicator;	23266

(d) An immediate family member or a subordinate employee of a	23267
private applicator who is acting under the direct supervision of	23268
that private applicator.	23269

(2) No individual shall directly supervise the application of	23270
a restricted use pesticide unless the individual is one of the	23271
following:	23272

(a) Licensed under section 921.06 of the Revised Code;

23273

(b) Licensed under division (B) of this section.

23274

(B) The director of agriculture shall adopt rules to	23275
establish standards and procedures for the licensure of private	23276
applicators. An individual shall apply for a private applicator	23277
license to the director, on forms prescribed by the director. The	23278
individual shall include in the application the pesticide-use	23279
category or categories of the license for which the individual is	23280
applying and any other information that the director determines is	23281
essential to the administration of this chapter. The fee for each	23282
license shall be established by rule. Licenses shall be issued for	23283
a period of time established by rule and shall be renewed in	23284
accordance with deadlines established by rule. If a license is not	23285
issued or renewed, the state shall retain any fee submitted as	23286
payment for reasonable expenses of processing the application.	23287

(C) An individual who is licensed under this section shall	23288
use or directly supervise the use of a restricted use pesticide	23289
only for the purpose of producing agricultural commodities on	23290
property that is owned or rented by the individual or the	23291
individual's employer.	23292

(D) All money collected under this section shall be credited	23293
to the pesticide, fertilizer, and lime program fund created in	23294
section 921.22 of the Revised Code.	23295

Sec. 921.13. (A) Any person who is acting in the capacity of	23296
a pesticide dealer or who advertises or assumes to act as a	23297
pesticide dealer at any time shall obtain a pesticide dealer	23298
license from the director of agriculture. Licenses shall be	23299
issued for a period of time established by rule and shall be	23300
renewed in accordance with deadlines established by rule. A	23301
license is required for each location or outlet within this state	23302
from which the person distributes pesticides.	23303

Any pesticide dealer who has no pesticide dealer outlets in	23304
this state and who distributes restricted use pesticides directly	23305
into this state shall obtain a pesticide dealer license from the	23306
director for the pesticide dealer's principal out-of-state	23307
location or outlet and for each sales person operating in the	23308
state.	23309

The applicant shall include a license fee established by rule	23310
with the application for a license. The application shall be made	23311
on a form prescribed by the director.	23312

Each pesticide dealer shall submit records to the director of	23313
all of the restricted use pesticides the pesticide dealer has	23314
distributed, as specified by the director, and duplicate records	23315
shall be retained by the pesticide dealer for a period of time	23316
established by rules.	23317

(B) This section does not apply to any federal, state,	23318
county, or municipal agency that provides pesticides for its own	23319
programs.	23320

(C) Each licensed pesticide dealer is responsible for the	23321
acts of each employee in the solicitation and sale of pesticides	23322
and all claims and recommendations for use of pesticides. The	23323
pesticide dealer's license is subject to denial, suspension, or	23324
revocation after a hearing for any violation of this chapter	23325
whether committed by the pesticide dealer or by the pesticide	23326
dealer's officer, agent, or employee.	23327

(D) All money collected under this section shall be credited	23328
to the pesticide, fertilizer, and lime program fund created in	23329
section 921.22 of the Revised Code.	23330

Sec. 921.16. (A) The director of agriculture shall adopt	23331
rules the director determines necessary for the effective	23332
enforcement and administration of this chapter. The rules may	23333
relate to, but are not limited to, the time, place, manner, and	23334
methods of application, materials, and amounts and concentrations	23335
of application of pesticides, may restrict or prohibit the use of	23336
pesticides in designated areas during specified periods of time,	23337
and shall encompass all reasonable factors that the director	23338
determines necessary to minimize or prevent damage to the	23339
environment. In addition, the rules shall establish the deadlines	23340
and time periods for registration, registration renewal, late	23341
registration renewal, and failure to register under section 921.02	23342
of the Revised Code; the fees for registration, registration	23343
renewal, late registration renewal, and failure to register under	23344
section 921.02 of the Revised Code that shall apply until the fees	23345
that are established under that section take effect on January 1,	23346
2007; and the fees, deadlines, and time periods for licensure and	23347
license renewal under sections 921.06, 921.09, 921.11, and 921.13	23348
of the Revised Code.	23349

(B) The director shall adopt rules that establish a schedule	23350
of civil penalties for violations of this chapter, or any rule or	23351
order adopted or issued under it, provided that the civil penalty	23352
for a first violation shall not exceed five thousand dollars and	23353
the civil penalty for each subsequent violation shall not exceed	23354
ten thousand dollars. In determining the amount of a civil penalty	23355
for a violation, the director shall consider factors relevant to	23356
the severity of the violation, including past violations and the	23357
amount of actual or potential damage to the environment or to	23358
human beings. All money collected under this division shall be	23359
credited to the pesticide, fertilizer, and lime program fund	23360
created in section 921.22 of the Revised Code.	23361

(C) The director shall adopt rules that set forth the	23362
conditions under which the director:	23363

(1) Requires that notice or posting be given of a proposed	23364
application of a pesticide;	23365

(2) Requires inspection, condemnation, or repair of equipment	23366
used to apply a pesticide;	23367

(3) Will suspend, revoke, or refuse to issue any pesticide	23368
registration for a violation of this chapter;	23369

(4) Requires safe handling, transportation, storage, display,	23370
distribution, and disposal of pesticides and their containers;	23371

(5) Ensures the protection of the health and safety of	23372
agricultural workers storing, handling, or applying pesticides,	23373
and all residents of agricultural labor camps, as that term is	23374
defined in section 3733.41 of the Revised Code, who are living or	23375
working in the vicinity of pesticide-treated areas;	23376

(6) Requires a record to be kept of all pesticide	23377
applications made by each commercial applicator and by any trained	23378
serviceperson acting under the commercial applicator's direct	23379
supervision and of all restricted use pesticide applications made	23380
by each private applicator and by any immediate family member or	23381
subordinate employee of that private applicator who is acting	23382
under the private applicator's direct supervision as required	23383
under section 921.14 of the Revised Code;	23384

(7) Determines the pesticide-use categories of diagnostic	23385
inspections that must be conducted by a commercial applicator;	23386

(8) Requires a record to be kept of all diagnostic	23387
inspections conducted by each commercial applicator and by any	23388
trained service person.	23389

(D) The director shall prescribe standards for the licensure	23390
of applicators of pesticides consistent with those prescribed by	23391
the federal act and the regulations adopted under it or prescribe	23392
standards that are more restrictive than those prescribed by the	23393
federal act and the regulations adopted under it. The standards	23394
may relate to the use of a pesticide or to an individual's	23395
pesticide-use category.	23396

The director shall take into consideration standards of the	23397
United States environmental protection agency.	23398

(E) The director may adopt rules setting forth the conditions	23399
under which the director will:	23400

(1) Collect and examine samples of pesticides or devices;

23401

(2) Specify classes of devices that shall be subject to this	23402
chapter;	23403

(3) Prescribe other necessary registration information.

23404

(F) The director may adopt rules that do either or both of	23405
the following:	23406

(1) Designate, in addition to those restricted uses so	23407
classified by the administrator of the United States environmental	23408
protection agency, restricted uses of pesticides for the state or	23409
for designated areas within the state and, if the director	23410
considers it necessary, to further restrict such use;	23411

(2) Define what constitutes "acting under the instructions	23412
and control of a commercial applicator" as used in the definition	23413
of "direct supervision" in division (Q)(1) of section 921.01 of	23414
the Revised Code. In adopting a rule under division (F)(2) of this	23415
section, the director shall consider the factors associated with	23416
the use of pesticide in the various pesticide-use categories.	23417
Based on consideration of the factors, the director may define	23418
"acting under the instructions and control of a commercial	23419
applicator" to include communications between a commercial	23420
applicator and a trained serviceperson that are conducted via	23421
landline telephone or a means of wireless communication. Any rules	23422
adopted under division (F)(2) of this section shall be drafted in	23423
consultation with representatives of the pesticide industry.	23424

(G) Except as provided in division (D) of this section, the	23425
director shall not adopt any rule under this chapter that is	23426
inconsistent with the requirements of the federal act and	23427
regulations adopted thereunder.	23428

(H) The director, after notice and opportunity for hearing,	23429
may declare as a pest any form of plant or animal life, other than	23430
human beings and other than bacteria, viruses, and other	23431
microorganisms on or in living human beings or other living	23432
animals, that is injurious to health or the environment.	23433

(I) The director may make reports to the United States	23434
environmental protection agency, in the form and containing the	23435
information the agency may require.	23436

(J) The director shall adopt rules for the application, use,	23437
storage, and disposal of pesticides if, in the director's	23438
judgment, existing programs of the United States environmental	23439
protection agency necessitate such rules or pesticide labels do	23440
not sufficiently address issues or situations identified by the	23441
department of agriculture or interested state agencies.	23442

(K) The director shall adopt rules establishing all of the	23443
following:	23444

(1) Standards, requirements, and procedures for the	23445
examination and re-examination of commercial applicators and	23446
private applicators;	23447

(2) With respect to training programs that the director may	23448
require commercial applicators and private applicators to	23449
complete:	23450

(a) Standards and requirements that a training program must	23451
satisfy in order to be offered by the director or the director's	23452
representative or in order to be approved by the director if a	23453
third party wishes to offer it;	23454

(b) Eligibility standards and requirements that must be	23455
satisfied by third parties who wish to provide the training	23456
programs;	23457

(c) Procedures that third parties must follow in order to	23458
submit a proposed training program to the director for approval;	23459

(d) Criteria that the director must consider when determining	23460
whether to authorize a commercial applicator or private applicator	23461
to participate in a training program instead of being required to	23462
pass a re-examination.	23463

(3) Training requirements for a trained serviceperson.

23464

(L) The director shall adopt all rules under this chapter in	23465
accordance with Chapter 119. of the Revised Code.	23466

Sec. 921.22. The pesticide, fertilizer, and lime program	23467
fund is hereby created in the state treasury. ~~The portion of the~~	23468
~~money in the fund that is collected under this chapter shall be~~	23469
~~used to carry out the purposes of this chapter. The portion of the~~	23470
~~money in the fund that is collected under section 927.53 of the~~	23471
~~Revised Code shall be used to carry out the purposes specified in~~	23472
~~that section, the portion of the money in the fund that is~~	23473
~~collected under section 927.69 of the Revised Code shall be used~~	23474
~~to carry out the purposes specified in that section, and the~~	23475
~~portion of the money in the fund that is collected under section~~	23476
~~927.701 of the Revised Code shall be used to carry out the~~	23477
~~purposes of that section.~~ The fund shall consist of ~~fees collected~~	23478
~~under sections 921.01 to 921.15, division (F) of section 927.53,~~	23479
~~and section 927.69 of the Revised Code, money collected under~~	23480
~~section 927.701~~money credited to it under this chapter and	23481
Chapter 905. of the Revised Code,and rules adopted under them and	23482
all fines, penalties, costs, and damages, except court costs, that	23483
are collected by either the director of agriculture or the	23484
attorney general in consequence of any violation of ~~this chapter~~	23485
those chapters or rules adopted under them. The director shall use	23486
money in the fund to administer and enforce those chapters and	23487
rules adopted under them.	23488

The director shall keep accurate records of all receipts into	23489
and disbursements from the fund and shall prepare, and provide	23490
upon request, an annual report classifying the receipts and	23491
disbursements that pertain to pesticides, fertilizers, or lime.	23492

Sec. 921.27. (A) If the director of agriculture has	23493
reasonable cause to believe that a pesticide or device is being	23494
distributed, stored, transported, or used in violation of this	23495
chapter or of any rules, it shall be subject to seizure on	23496
complaint of the director to a court of competent jurisdiction in	23497
the locality in which the pesticide or device is located.	23498

(B) If the article is condemned, it shall, after entry or	23499
decree, be disposed of by destruction or sale as the court may	23500
direct and the proceeds, if the article is sold, less legal costs,	23501
shall be paid to the pesticide, fertilizer, and lime program fund	23502
created in section 921.22 of the Revised Code. The article shall	23503
not be sold contrary to this section. Upon payment of costs and	23504
execution and delivery of a good and sufficient bond conditioned	23505
that the article shall not be disposed of unlawfully, the court	23506
may direct that the article be delivered to the owner thereof for	23507
relabeling or reprocessing.	23508

Sec. 921.29. Fines, penalties, costs, and damages assessed	23509
against a person in consequence of violations of this chapter, as	23510
provided in this chapter or any other section of the Revised Code,	23511
shall be a lien in favor of the state upon the real and personal	23512
property of the person, upon the filing of a judgment or an order	23513
of the director of agriculture with the county in which the real	23514
and personal property is located. The real and personal property	23515
of the person shall be liable to execution for the fines,	23516
penalties, costs, and damages by the attorney general, who shall	23517
deposit any proceeds from an execution upon the property in the	23518
pesticide, fertilizer, and lime program fund created in section	23519
921.22 of the Revised Code.	23520

Sec. 923.44. (A)(1) Except as otherwise provided in	23521
divisions (A)(2), (3), and (4) of this section, the first	23522
distributor of a commercial feed shall pay the director of	23523
agriculture a semiannual inspection fee at the rate of twenty-five	23524
cents per ton, with a minimum payment of twenty-five dollars, on	23525
all commercial feeds distributed by the first distributor in this	23526
state.	23527

(2) The semiannual inspection fee required under division	23528
(A)(1) of this section shall not be paid by the first distributor	23529
of a commercial feed if the distribution is made to an exempt	23530
buyer who shall be responsible for the fee. The director shall	23531
establish an exempt list consisting of those buyers who are	23532
responsible for the fee.	23533

(3) The semiannual inspection fee shall not be paid on a	23534
commercial feed if the fee has been paid by a previous	23535
distributor.	23536

(4) The semiannual inspection fee shall not be paid on	23537
customer-formula feed if the fee has been paid on the commercial	23538
feeds that are used as components in that customer-formula feed.	23539

(B) Each distributor or exempt buyer who is required to pay a	23540
fee under division (A)(1) or (2) of this section shall file a	23541
semiannual statement with the director that includes the number of	23542
net tons of commercial feed distributed by the distributor or	23543
exempt buyer in this state, within thirty days after the thirtieth	23544
day of June and within thirty days after the thirty-first day of	23545
December, respectively, of each calendar year.	23546

The inspection fee at the rate stated in division (A)(1) of	23547
this section shall accompany the statement. For a tonnage report	23548
that is not filed or payment of inspection fees that is not made	23549
within fifteen days after the due date, a penalty of ten per cent	23550
of the amount due, with a minimum penalty of fifty dollars shall	23551
be assessed against the distributor or exempt buyer. The amount of	23552
fees due, plus penalty, shall constitute a debt and become the	23553
basis of a judgment against the distributor or exempt buyer.	23554

(C) No information furnished under this section shall be	23555
disclosed by an employee of the department of agriculture in such	23556
a way as to divulge the operation of any person required to make	23557
such a report.	23558

(D) All money collected under this section shall be credited	23559
to the commercial feed and seed fund created in section 923.46 of	23560
the Revised Code.	23561

Sec. 923.46. ~~All moneys collected by the director of~~	23562
~~agriculture under sections 923.41 to 923.55 of the Revised Code~~	23563
~~shall be deposited into the state treasury to the credit of the~~	23564
The commercial feed~~, fertilizer,~~and seed~~, and lime inspection and~~	23565
~~laboratory~~ fund is hereby created in ~~section 905.38~~the state	23566
treasury. The fund shall consist of money credited to it under	23567
this chapter and Chapter 907. of the Revised Code.	23568

The director shall ~~prepare and provide a report concerning~~	23569
~~the fund in accordance with section 905.381 of the Revised Code~~	23570
keep accurate records of all receipts into and disbursements from	23571
the fund and shall prepare, and provide upon request, an annual	23572
report classifying the receipts and disbursements that pertain to	23573
commercial feed or seed.	23574

Sec. 927.51. As used in sections 927.51 to ~~927.74~~927.73 of	23575
the Revised Code:	23576

(A) "Collected plant" means any plant dug or gathered from	23577
any wood lot, field, forest, or any other location in which such a	23578
plant is found growing in its native habitat.	23579

(B) "Collector" means any person who collects, for sale,	23580
plants from wood lots, fields, forests, or other native habitat.	23581

(C) "Dealer" means any person other than a nurseryman who	23582
offers for sale, sells, or distributes nursery stock, either	23583
exclusively or in connection with other merchandise, in or from	23584
any nursery, store, sales ground, stand, lot, truck, railway car,	23585
or other vehicle. "Dealer" includes any landscaper who sells or	23586
offers for sale nursery stock as a part of a grounds improvement	23587
project ~~which~~that may involve the installation of such plants.	23588

(D) "Hardy," when applied to plants and bulbs, whether wild	23589
or cultivated, means capable of surviving the normal winter	23590
temperatures of this state.	23591

(E) "Host" means any plant or plant product from which any	23592
pest derives its food supply, or upon which it depends for its	23593
well being or to complete any part of its life cycle.	23594

(F) "Infested" means containing or harboring one or more	23595
pests or infected with one or more pests.	23596

(G) "Nursery" means any grounds or premises on or in which	23597
nursery stock is propagated or grown for sale.	23598

(H) "Nurseryman" means a person who owns, leases, manages, or	23599
is in charge of a nursery.	23600

(I) "Nursery stock" means:

23601

(1) Any hardy tree, shrub, plant, or bulb, whether wild or	23602
cultivated, except turfgrass, and any cutting, graft, scion, or	23603
bud thereof;	23604

(2) Any nonhardy plant, or plant part, ~~which~~that is to be	23605
offered for sale in any state ~~which~~that requires inspection and	23606
certification of ~~such~~the plant or plant part as a condition of	23607
entrance therein.	23608

(J) "Person" means any corporation, company, society,	23609
association, partnership, individual or combination of	23610
individuals, institution, park, or any public agency administered	23611
by the state or any subdivision of the state.	23612

(K) "Pest" means any insect, mite, nematode, bacteria,	23613
fungus, virus, parasitic plant, or any other organism or any stage	23614
of any such organism ~~which~~that causes, or is capable of causing,	23615
injury, disease, or damage to any plant, plant part, or plant	23616
product.	23617

(L) "Place of business" means each separate location from	23618
which nursery stock is sold, offered for sale, or distributed.	23619

(M) "Intensive production area" means a place where nursery	23620
stock is propagated or grown using greenhouses, liner beds, lath	23621
beds, or containers.	23622

(N) "Nonintensive production area" means any place where	23623
nursery stock is propagated or grown as field stock.	23624

(O) "Forced floral plants" means plants with desirable flower	23625
characteristics in which the bloom is artificially induced at an	23626
unnatural time of the year.	23627

Sec. 927.52. (A) The director of agriculture shall adopt and	23628
enforce any rules that are necessary to carry out sections 927.51	23629
to ~~927.74~~927.73 of the Revised Code.	23630

(B) The director may revoke, suspend, or refuse to issue any	23631
nursery certificate or dealer's license for any violation of	23632
sections 927.51 to 927.71 of the Revised Code, or of any rules	23633
adopted under those sections.	23634

(C) The director may publish reports describing nursery	23635
inspection and pest control operations authorized by sections	23636
927.51 to 927.71 of the Revised Code.	23637

Sec. 927.53. (A) Each collector or dealer who sells, offers,	23638
or exposes for sale, or distributes nursery stock within this	23639
state, or ships nursery stock to other states, shall pay an annual	23640
license fee of ~~fifty~~one hundred twenty-five dollars to the	23641
director of agriculture for each place of business the collector	23642
or dealer operates.	23643

(B)(1) Each dealer shall furnish the director, annually, an	23644
affidavit that the dealer will buy and sell only nursery stock	23645
which has been inspected and certified by an official state or	23646
federal inspector.	23647

(2) Each dealer's license expires on the thirty-first day of	23648
December of each year. Each licensed dealer shall apply for	23649
renewal of the dealer's license prior to the first day of January	23650
of each year and in accordance with the standard renewal procedure	23651
of sections 4745.01 to 4745.03 of the Revised Code.	23652

(C) Each licensed nurseryperson shall post conspicuously in	23653
the nurseryperson's principal place of business, the certificate	23654
which is issued to the nurseryperson in accordance with section	23655
927.61 of the Revised Code.	23656

(D) Each licensed nurseryperson, or dealer, shall post	23657
conspicuously in each place of business, each certificate or	23658
license which is issued to the nurseryperson or dealer in	23659
compliance with this section or section 927.61 of the Revised	23660
Code.	23661

(E)(1) Each nurseryperson who produces, sells, offers for	23662
sale, or distributes woody nursery stock within the state, or	23663
ships woody nursery stock to other states, shall pay to the	23664
director an annual inspection fee of ~~fifty~~one hundred dollars	23665
plus ~~four~~eleven dollars per acre, or fraction thereof, of growing	23666
nursery stock in intensive production areas and ~~two~~seven dollars	23667
per acre, or fraction thereof, of growing nursery stock in	23668
nonintensive production areas, as applicable.	23669

(2) Each nurseryperson who limits production and sales of	23670
nursery stock to brambles, herbaceous, perennial, and other	23671
nonwoody plants, shall pay to the director an inspection fee of	23672
~~thirty~~one hundred dollars, plus ~~four~~eleven dollars per acre, or	23673
fraction thereof, of growing nursery stock in intensive and	23674
nonintensive production areas.	23675

(F) ~~On and after the effective date of this amendment, the~~	23676
~~following additional fees shall be assessed:~~	23677

~~(1) Each collector or dealer who pays a fee under division~~	23678
~~(A) of this section shall pay an additional fee of twenty-five~~	23679
~~dollars.~~	23680

~~(2) Each nurseryperson who pays fees under division (E)(1) of~~	23681
~~this section shall pay additional fees as follows:~~	23682

~~(a) Fifteen dollars for the inspection fee;~~

23683

~~(b) Fifty cents per acre, or fraction thereof, of growing~~	23684
~~nursery stock in intensive production areas;~~	23685

~~(c) One dollar and fifty cents per acre, or fraction thereof,~~	23686
~~of growing nursery stock in nonintensive production areas.~~	23687

~~(3) Each nursery person who pays fees under division (E)(2)~~	23688
~~of this section shall pay additional fees as follows:~~	23689

~~(a) Thirty-five dollars for the inspection fee;~~

23690

~~(b) Fifty cents per acre, or fraction thereof, of growing~~	23691
~~stock in intensive and nonintensive production areas.~~The	23692

~~The~~ fees collected under ~~division (F) of~~ this section shall	23693
be ~~deposited into the state treasury~~credited to the ~~credit of the~~	23694
~~pesticide~~plant pest program fund created in ~~Chapter 921.~~section	23695
927.54 of the Revised Code. ~~Moneys so credited to the fund shall~~	23696
~~be used to pay the costs incurred by the department of agriculture~~	23697
~~in administering this chapter, including employing a minimum of~~	23698
~~two additional inspectors.~~	23699

Sec. 927.54. The plant pest program fund is hereby created in	23700
the state treasury. The fund shall consist of money credited to it	23701
under this chapter and any rules adopted under it. The director of	23702
agriculture shall use money in the fund to administer this	23703
chapter.	23704

The director shall keep accurate records of all receipts into	23705
and disbursements from the fund and shall prepare, and provide	23706
upon request, an annual report classifying the receipts and	23707
disbursements that pertain to plant pests.	23708

Sec. 927.56. (A) Each nurseryman, dealer, or collector of	23709
nursery stock, who resides in or has his principal place of	23710
business in another state and who sends nursery stock into this	23711
state without having a bona fide order in advance for all such	23712
nursery stock, shall obtain the same license ~~which~~that is	23713
required by section 927.53 of the Revised Code.	23714

(B) The director of agriculture may enter into such	23715
reciprocal contracts and agreements as hethe director determines	23716
proper and expedient, with the proper authorities of other states	23717
or of the federal government to regulate the shipment, sale, and	23718
distribution of nursery stock in this state by persons residing in	23719
or located in another state, in accordance with sections 927.51 to	23720
~~927.74, inclusive,~~927.73 of the Revised Code.	23721

Sec. 927.69. To effect the purpose of sections 927.51 to	23722
~~927.74~~927.73 of the Revised Code, the director of agriculture or	23723
the director's authorized representative may:	23724

(A) Make reasonable inspection of any premises in this state	23725
and any property therein or thereon;	23726

(B) Stop and inspect in a reasonable manner, any means of	23727
conveyance moving within this state upon probable cause to believe	23728
it contains or carries any pest, host, commodity, or other article	23729
that is subject to sections 927.51 to 927.72 of the Revised Code;	23730

(C) Conduct inspections of agricultural products that are	23731
required by other states, the United States department of	23732
agriculture, other federal agencies, or foreign countries to	23733
determine whether the products are infested. If, upon making such	23734
an inspection, the director or the director's authorized	23735
representative determines that an agricultural product is not	23736
infested, the director or the director's authorized representative	23737
may issue a certificate, as required by other states, the United	23738
States department of agriculture, other federal agencies, or	23739
foreign countries, indicating that the product is not infested.	23740

If the director charges fees for any of the certificates,	23741
agreements, or inspections specified in this section, the fees	23742
shall be as follows:	23743

(1) Phyto sanitary certificates, twenty-five dollars for	23744
those collectors or dealers that are licensed under section 927.53	23745
of the Revised Code;	23746

(2) Phyto sanitary certificates, one hundred dollars for all	23747
others;	23748

(3) Compliance agreements, ~~twenty~~forty dollars;

23749

~~(3) Solid wood packing certificates, twenty dollars;~~

23750

(4) Agricultural products and their conveyances inspections,	23751
an amount equal to the hourly rate of pay in the highest step in	23752
the pay range, including fringe benefits, of a plant pest control	23753
specialist multiplied by the number of hours worked by such a	23754
specialist in conducting an inspection.	23755

The director may adopt rules under section 927.52 of the	23756
Revised Code that define the certificates, agreements, and	23757
inspections.	23758

The fees shall be ~~deposited into the state treasury~~credited	23759
to the ~~credit of the pesticide~~plant pest program fund created in	23760
~~Chapter 921.~~section 927.54 of the Revised Code. ~~Money credited to~~	23761
~~the fund shall be used to pay the costs incurred by the department~~	23762
~~of agriculture in administering this chapter, including employing~~	23763
~~a minimum of two additional inspectors.~~	23764

Sec. 927.70. (A) No person shall knowingly permit any plant	23765
pest ~~which~~that has been determined to be destructive or	23766
dangerously harmful by the director of agriculture, in compliance	23767
with procedures required by division (A) of section 927.52 of the	23768
Revised Code, to exist in or on ~~his~~the person's premises.	23769

(B) Whenever the director or ~~his~~the director's authorized	23770
representative finds any article or commodity to be infested or	23771
has reason to believe it to be infested, or finds that a host or	23772
pest exists on any premises, or is in transit in this state, he	23773
the director may:	23774

(1) Upon giving notice to the owner or ~~his~~the owner's agent	23775
in possession thereof, seize, quarantine, treat, or otherwise	23776
dispose of ~~such~~the pest, host, article, or commodity in such	23777
manner as hethe director determines necessary to suppress,	23778
control, eradicate, or to prevent or retard the spread of a pest;	23779

(2) Order ~~such~~the owner or agent to so treat or otherwise	23780
dispose of the pest, host, article, or commodity.	23781

(C) If the owner or person in charge of ~~such~~the premises	23782
refuses or neglects to carry out the orders of the director within	23783
seven days after receiving written notice, the director may treat	23784
the premises; treat or destroy the infested plants or plant	23785
material; or apply any other preventive or remedial measure ~~which~~	23786
hethat the director determines necessary. The expense of any such	23787
preventative or remedial measures shall be assessed, collected,	23788
and enforced, as taxes are assessed, collected, and enforced,	23789
against the premises upon which ~~such~~the expense was incurred.	23790
The amount of ~~such~~the expense when collected shall be ~~paid to the~~	23791
~~director and by him deposited with the treasurer of state~~credited	23792
to the plant pest program fund created in section 927.54 of the	23793
Revised Code.	23794

Sec. 927.701. (A) As used in this section, "gypsy moth"	23795
means the live insect, Lymantria dispar, in any stage of	23796
development.	23797

(B) The director of agriculture may establish a voluntary	23798
gypsy moth suppression program under which a landowner may request	23799
that the department of agriculture have the landowner's property	23800
aerially sprayed to suppress the presence of gypsy moths in	23801
exchange for payment from the landowner of a portion of the cost	23802
of the spraying. To determine the ~~amount of payment that is due~~	23803
~~from a landowner~~total cost per acre, the department ~~first~~ shall	23804
~~determine the projected cost per acre to the department of gypsy~~	23805
~~moth suppression activities for the year in which the landowner's~~	23806
~~request is made. The cost shall be calculated by determining the~~	23807
~~total expense of aerial spraying for gypsy moths to be incurred by~~	23808
~~the department in that year divided by the total number of acres~~	23809
~~proposed to be sprayed in that year. With respect to a landowner~~	23810
add the per-acre cost of the product selected by the landowner to	23811
suppress gypsy moths and the per-acre cost of applying the product	23812
as determined by the director in rules. To determine the aggregate	23813
total cost, the department shall multiply the total cost per acre	23814
by the number of acres that the landowner requests to be sprayed.	23815
The department shall add to that amount any administrative costs	23816
that it incurs in billing the landowner and collecting payment.	23817
~~The amount that the landowner shall pay to the department shall~~	23818
~~not exceed fifty per cent of the resulting amount.~~The portion of	23819
the cost that is assessed to the landowner, if any, shall be	23820
determined by the funding that is allocated to the department by	23821
the federal and state gypsy moth suppression programs.	23822

(C) The director shall adopt rules under Chapter 119. of the	23823
Revised Code to establish procedures under which a landowner may	23824
make a request under division (B) of this section, to establish	23825
the per-acre cost of applying product to suppress gypsy moths, and	23826
to establish provisions governing agreements between the	23827
department and landowners concerning gypsy moth suppression	23828
together with any other provisions that the director considers	23829
appropriate to administer this section.	23830

(D) The director shall deposit all money collected under this	23831
section ~~into the state treasury~~ to the credit of the ~~pesticide~~	23832
plant pest program fund created in ~~Chapter 921.~~section 927.54 of	23833
the Revised Code. Money credited to the fund under this section	23834
shall be used for the suppression of gypsy moths in accordance	23835
with this section.	23836

Sec. 927.71. (A) The director of agriculture, in accordance	23837
with Chapter 119. of the Revised Code, may quarantine:	23838

(1) This state or any portion thereof when hethe director	23839
determines that such action is necessary to prevent or retard the	23840
spread of a pest into, within, or from this state;	23841

(2) Any other state or portion thereof when hethe director	23842
determines that a pest exists therein and that such action is	23843
necessary to prevent or retard its spread into this state.	23844

(B) The director may limit the application of a quarantine to	23845
the infested portions of the quarantined area and appropriate	23846
environs, to be known as the regulated area, and may, without	23847
further hearing, extend the regulated area to include additional	23848
portions of the quarantined area either:	23849

(1) Upon publication of a notice to that effect in such	23850
newspapers in the quarantined area as hethe director may select;	23851

(2) Upon written notice to those concerned.

23852

(C) Following establishment of a quarantine, no person shall	23853
move any regulated article described in the quarantine, or move	23854
the pest against which the quarantine is established, within,	23855
from, into, or through this state contrary to ~~regulations~~	23856
~~promulgated~~rules adopted by the director without prior permission	23857
or order of the director.	23858

(D) A ~~regulation~~rule may restrict the movement of a pest and	23859
any regulated article from the quarantined or regulated area in	23860
this state into or through other parts of this state or other	23861
states and from the quarantine or regulated area in other states	23862
into or through this state and may impose such inspection,	23863
disinfection, certification, permit, or other requirements as the	23864
director determines necessary to effectuate the purpose of	23865
sections 927.51 to ~~927.74, inclusive,~~927.73 of the Revised Code.	23866

Sec. 942.01. As used in sections 942.01 to 942.13 of the	23867
Revised Code:	23868

(A) "Conveyance" means a vehicle, trailer, or compartment	23869
that is used to transport raw rendering material.	23870

(B) "Garbage" means all waste material derived in whole or in	23871
part from the meat of any animal, including fish and poultry, or	23872
other animal material, and other refuse of any character that has	23873
been associated with such waste material resulting from the	23874
handling, preparation, cooking, or consumption of food.	23875

~~(B)~~(C) "Person" means any individual, corporation,	23876
partnership, association, society, company, firm, or other legal	23877
entity.	23878

~~(C)~~(D) "Raw rendering material" has the same meaning as in	23879
section 953.21 of the Revised Code.	23880

(E) "Treated garbage" means any edible garbage for	23881
consumption by swine that has been heated at boiling point while	23882
being agitated, except in steam cooking equipment, to ensure that	23883
the garbage is heated throughout for thirty minutes under the	23884
supervision of a person licensed pursuant to section 942.02 of the	23885
Revised Code.	23886

Sec. 942.02. (A) No person shall feed on ~~his~~the person's	23887
premises, or permit the feeding of, treated garbage to swine	23888
without a license to do so issued by the department of	23889
agriculture.	23890

(B) An application for a license to feed treated garbage	23891
shall be made in writing on a form prescribed by the director of	23892
agriculture.	23893

(C) A license shall be renewed before the thirty-first day of	23894
December of each year, and an application for renewal shall be	23895
filed before the thirtieth day of November of each year.	23896

(D) The fee for the license shall be ~~fifty~~one hundred	23897
dollars per annum. A late fee of fifty dollars shall be paid for	23898
each application that is received after the thirtieth day of	23899
November each year.	23900

(E) All money collected under this section shall be credited	23901
to the animal and consumer analytical laboratory fund created in	23902
section 901.43 of the Revised Code.	23903

Sec. 942.06. (A) Equipment used for handling garbage,	23904
except for the containers in which the garbage is treated, and	23905
conveyances shall not subsequently be used in the feeding of swine	23906
unless first cleaned and disinfected in accordance with directions	23907
on the labels of one of the following disinfectants approved by	23908
the "Federal Insecticide, Fungicide and Rodenticide Act," 61 Stat.	23909
163 (1947), 7 U.S.C.A. 136, as amended:	23910

(1) A registered brand of sodium orthophenylphenate;

23911

(2) A registered cresylic disinfectant, provided that the	23912
conditions set forth under 9 C.F.R. 71.10 and 77.11 are met;	23913

(3) Disinfectants with tuberculocidal claims and labeled as	23914
efficacious against any species within the viral genus herpes.	23915

(B) Treated or untreated garbage that is not fed to swine and	23916
materials associated with such garbage shall be disposed of in a	23917
manner consistent with all applicable federal and state laws and	23918
in an area inaccessible to the swine.	23919

(C) All refuse resulting from feeding treated garbage to	23920
swine, that is not fed to swine shall be disposed of in a manner	23921
so as to prevent the attraction of insects and rodents or the	23922
contamination of adjoining property.	23923

(D) The premises, vehicles, and equipment used in the feeding	23924
of treated garbage to swine shall be subject to inspection by the	23925
department of agriculture during regular business hours. If the	23926
director of agriculture or ~~his~~the director's designee is denied	23927
access to any premises as authorized under this division, hethe	23928
director or the director's designee may apply to any court of	23929
competent jurisdiction for a search warrant authorizing access to	23930
the requested premises. Upon receipt of an application for a	23931
search warrant, the court may issue a search warrant for the	23932
purposes requested.	23933

(E)(1) The owner of the premises, vehicles, and equipment	23934
used in the feeding of treated garbage to swine and licensed	23935
pursuant to section 942.02 of the Revised Code shall be	23936
responsible for cleaning and disinfecting them with no expense to	23937
the department.	23938

(2) The owner of a conveyance is responsible for cleaning and	23939
disinfecting the conveyance with no expense to the department.	23940

Sec. 942.13. This chapter does not apply to ~~any~~either of	23941
the following:	23942

(A) An individual who feeds garbage from ~~his~~the individual's	23943
household to ~~his~~the individual's own animals or ~~to any~~an	23944
individual who only feeds bakery waste, candy waste, eggs,	23945
vegetables, or dairy products to swine;	23946

(B) Rendered products. As used in this division, "rendered	23947
product" means raw rendering material that has been ground and	23948
heated to a minimum temperature of two hundred thirty degrees	23949
Fahrenheit to make products such as animal, poultry, or fish	23950
protein, grease, or tallow.	23951

Sec. 943.01. As used in sections 943.01 to 943.18 of the	23952
Revised Code:	23953

(A) "Animals" or "livestock" means horses, mules, and other	23954
equidae, cattle, sheep, and goats and other bovidae, swine and	23955
other suidae, poultry, alpacas, and llamas.	23956

(B) "Dealer" or "broker" means any person found by the	23957
department of agriculture buying, receiving, selling,	23958
slaughtering, with the exception of those persons designated by	23959
division (B)(1) of section 918.10 of the Revised Code, exchanging,	23960
negotiating, or soliciting the sale, resale, exchange, or transfer	23961
of any animals in an amount of more than two hundred fifty head of	23962
cattle, horses, or other equidae or five hundred head of sheep,	23963
goats, or other bovidae or, swine and other suidae or, poultry,	23964
alpacas, or llamas during any one year. "Dealer" or "broker"	23965
does not mean any of the following:	23966

(1) Any railroad or other carrier transporting animals either	23967
interstate or intrastate;	23968

(2) Any person who by dispersal sale is permanently	23969
discontinuing the business of farming, dairying, breeding,	23970
raising, or feeding animals;	23971

(3) Any person who sells livestock that has been raised from	23972
birth on the premises of the person;	23973

(4) Any person who buys or receives animals for grazing or	23974
feeding purposes at a premises owned or controlled by the person	23975
and sells or disposes of the animals after the minimum grazing or	23976
feeding period of thirty days;	23977

(5) Any person who places livestock in facilities other than	23978
the person's own pursuant to a written agreement for feeding or	23979
finishing, provided that the person retains legal and equitable	23980
title to the livestock during the term of the agreement.	23981

The exemptions set forth in divisions (B)(1) to (5) of this	23982
section are exclusive of those activities requiring licensure	23983
under this chapter, so that a person shall be deemed to be a	23984
dealer or broker or subject to divisions (B)(1) to (5) of this	23985
section, but shall not be, or be subject to, both. No person who	23986
is a licensed dealer or broker and whose license is suspended	23987
shall have livestock or animals exempted pursuant to divisions	23988
(B)(1) to (5) of this section.	23989

(C) "Employee" means any person employed by a dealer or	23990
broker to act in the dealer's or broker's behalf to buy, sell,	23991
exchange, negotiate, or solicit sale or resale of animals in the	23992
dealer's or broker's name.	23993

(D) "Small dealer" means any person found by the department	23994
buying, receiving, selling, slaughtering, with the exception of	23995
those persons designated by division (B)(1) of section 918.10 of	23996
the Revised Code, exchanging, negotiating, or soliciting the sale,	23997
resale, exchange, or transfer of any animals in an amount of two	23998
hundred fifty head or less of cattle, horses, or other equidae or	23999
five hundred head or less of sheep, goats, or other bovidae, swine	24000
or other suidae, poultry, alpacas, or llamas during any one year.	24001

Sec. 943.02. (A) No person shall act as a small dealer,	24002
dealer, or broker without first being licensed. No person shall be	24003
an employee of more than one small dealer, dealer, or broker.	24004
Except as provided in division (B) of this section, no person	24005
holding a license as a small dealer, dealer, or broker shall be an	24006
employee. No employee shall act for any small dealer, dealer, or	24007
broker unless the small dealer, dealer, or broker is licensed, and	24008
has designated the employee to act in ~~his~~the small dealer's,	24009
dealer's, or broker's behalf and has notified the department of	24010
agriculture in ~~his~~the application for license or has given	24011
official notice in writing of the appointment of the employee. The	24012
small dealer, dealer, or broker shall be accountable and	24013
responsible for all contracts pertaining to the purchase,	24014
exchange, or sale of livestock made by the employee. The small	24015
dealer, dealer, or broker who terminates the services of an	24016
employee shall notify the department in writing of the employee's	24017
termination. No person who is a licensed small dealer, dealer, or	24018
broker shall have livestock exempted pursuant to divisions (B)(1)	24019
~~through (5)~~to (6) of section 943.01 of the Revised Code.	24020

(B) A small dealer, dealer, or broker may be an employee of	24021
other small dealers, dealers, or brokers only when hethe small	24022
dealer, dealer, or broker so employed is a soliciting agent for a	24023
video auction.	24024

(C) The director of agriculture shall define by rule	24025
"soliciting agent" and "video auction" for the purposes of this	24026
section.	24027

Sec. 943.031. (A) Application for a license as a small	24028
dealer shall be made in writing to the department of agriculture.	24029
The application shall state the nature of the business, the	24030
municipal corporation or township, county, and post-office address	24031
of the location where the business is to be conducted, the name of	24032
any employee who is authorized to act in the small dealer's	24033
behalf, and any additional information that the department	24034
prescribes.	24035

(B) The applicant shall satisfy the department of the	24036
applicant's character and good faith in seeking to engage in the	24037
business of a small dealer. The department then shall issue to the	24038
applicant a license to conduct the business of a small dealer at	24039
the place named in the application. Licenses, unless revoked,	24040
shall expire annually on the thirty-first day of March and shall	24041
be renewed according to the standard renewal procedure established	24042
in sections 4745.01 to 4745.03 of the Revised Code.	24043

(C) No license shall be issued by the department to a small	24044
dealer having weighing facilities until the applicant has filed	24045
with the department a copy of a scale test certificate showing the	24046
weighing facilities to be in satisfactory condition, a copy of the	24047
license of each weigher employed by the applicant, and a	24048
certificate of inspection by the department showing livestock	24049
market facilities to be in satisfactory sanitary condition.	24050

(D) No licensed small dealer shall employ as an employee a	24051
person who, as a small dealer, dealer, or broker, previously	24052
defaulted on contracts pertaining to the purchase, exchange, or	24053
sale of livestock until the licensee does both of the following:	24054

(1) Appears at a hearing before the director of agriculture	24055
or the director's designee conducted in accordance with Chapter	24056
119. of the Revised Code pertaining to that person;	24057

(2) Signs and files with the director an agreement that	24058
guarantees, without condition, all contracts pertaining to the	24059
purchase, exchange, or sale of livestock made by the person while	24060
in the employ of the licensee. The director shall prescribe the	24061
form and content of the agreement.	24062

(E) A licensed small dealer is not required to maintain	24063
financial responsibility or furnish proof of financial	24064
responsibility.	24065

Sec. 943.04. (A) Fees for the initial issuance of any license	24066
issued pursuant to sections 943.02 ~~and~~, 943.03, and 943.031 of the	24067
Revised Code, shall be paid to the department of agriculture.	24068

(B) All annual renewal fees for ~~such~~the licenses shall be	24069
paid by the applicant for ~~such~~the renewal of a license on or	24070
before the thirty-first day of March of each year to the treasurer	24071
of state. ~~Such~~Except for license fees for small dealers, the fees	24072
shall be based on the number of head of livestock purchased, sold,	24073
or exchanged, in this state, whichever is the greatest, during the	24074
preceding calendar year. ~~Such~~Those fees for dealers or brokers	24075
shall be as follows:	24076

Less than 1,000 head .......... ~~$10.00~~$50.00 per annum;

24077

For 1,001 to 10,000 head .......... ~~$25.00~~$125.00 per annum;

24078

For more than 10,000 head .......... ~~$50.00~~$250.00 per	24079
annum.	24080

In the event a dealer or broker operates more than one place	24081
where livestock is purchased, sold, or exchanged, a fee shall be	24082
paid for each ~~such~~ place;, but only the original purchase, sale,	24083
or exchange shall be counted in computing the amount of the fee to	24084
be paid for each ~~such~~ place operated by ~~such~~the dealer or broker.	24085
Shipment between yards owned or operated by ~~such~~the dealer or	24086
broker shall be exempt.	24087

A late fee of one hundred dollars shall be paid for each	24088
dealer or broker license renewal application that is received	24089
after the thirty-first day of March each year.	24090

(C)(1) A fee of twenty-five dollars shall be paid by each	24091
small dealer.	24092

If a small dealer operates more than one place where	24093
livestock is purchased, sold, or exchanged, a fee shall be paid	24094
for each place, but only the original purchase, sale, or exchange	24095
shall be counted in computing the amount of fee to be paid for	24096
each place operated by the small dealer. Shipment between yards	24097
owned or operated by the small dealer shall be exempt.	24098

(2) A late fee of twenty-five dollars shall be paid for each	24099
small dealer license renewal application that is received after	24100
the thirty-first day of March each year.	24101

(D) A fee of twenty dollars shall be paid by each employee	24102
that is appointed by a small dealer, dealer, or broker as provided	24103
in section 943.02 of the Revised Code.	24104

(E) A fee of ~~five~~ten dollars shall be paid by each licensed	24105
weigher.	24106

(F) All ~~fees and charges~~money collected under section 943.03	24107
of the Revised Code, and under this section shall be ~~paid into the~~	24108
~~state treasury, and shall be~~ credited to the ~~general revenue~~	24109
animal and consumer analytical laboratory fund created in section	24110
901.43 of the Revised Code.	24111

Sec. 943.05. (A) The director of agriculture may refuse to	24112
grant or may suspend a small dealer's, dealer's, or broker's	24113
license, without prior hearing, ~~when he determines~~after	24114
determining from evidence presented to ~~him~~the director that there	24115
is reasonable cause to believe any of the following situations	24116
exist:	24117

(1) Where the applicant or licensee or an employee has	24118
violated the laws of the state or official regulations governing	24119
the interstate or intrastate movement, shipment, or transportation	24120
of animals, or has been convicted of a crime involving moral	24121
turpitude or convicted of a felony;	24122

(2) Where there have been false or misleading statements as	24123
to the health or physical condition of the animals with regard to	24124
official tests or quantity of animals, or the practice of fraud or	24125
misrepresentation in connection therewith or in the buying or	24126
receiving of animals or receiving, selling, exchanging,	24127
soliciting, or negotiating the sale, resale, exchange, weighing,	24128
or shipment of animals;	24129

(3) Where the applicant or licensee acts as a small dealer,	24130
dealer, or broker for a person attempting to conduct business in	24131
violation of section 943.02 of the Revised Code, after the notice	24132
of the violation has been given to the licensee by the department	24133
of agriculture;	24134

(4) Where the applicant or licensee or employee fails to	24135
practice measures of sanitation, disinfection, and inspection as	24136
required by sections 943.01 to 943.18 of the Revised Code, or	24137
prescribed by the department, of premises or vehicles used for the	24138
yarding, holding, or transporting of animals;	24139

(5) Where there has been a failure to keep records required	24140
by the department or where there is a refusal on the part of the	24141
applicant or licensee or employee to produce records of	24142
transactions in the carrying on of the business for which the	24143
license is granted;	24144

(6) Where the applicant or licensee providing weighing	24145
facilities used for, in connection with, or incident to the	24146
purchase or sale of livestock for the account of the licensee or	24147
others, fails to maintain and operate the weighing facilities in	24148
accordance with sections 943.08 and 943.10 of the Revised Code;	24149

(7) Where the applicant or licensee in the conduct of the	24150
business covered by the license fails to maintain and operate	24151
weighing facilities in accordance with sections 943.08 and 943.10	24152
of the Revised Code or fails to cause its livestock to be weighed	24153
by licensed weighers as provided in those sections;	24154

(8) ~~Where~~With regard to a dealer or broker licensee, where	24155
the licensee fails to maintain a bond or deposit, or letter of	24156
credit, if applicable, or fails to adjust the bond or deposit upon	24157
thirty days' notice or refuses or neglects to pay the fees or	24158
inspection charges required to be paid;	24159

(9) Where the licensee has been suspended by order of the	24160
secretary of agriculture of the United States department of	24161
agriculture under provisions of the "Packers and Stockyards Act of	24162
1921," 42 Stat. 159, 7 U.S.C.A. 181, as amended;	24163

(10) ~~Where~~With regard to a dealer or broker licensee, where	24164
the surety company, trustee, or issuer of a letter of credit of	24165
the licensee issues a notice of termination of the licensee's bond	24166
agreement, deposit agreement, or letter of credit.	24167

(B) When the director refuses to grant or suspends a small	24168
dealer's, dealer's, or broker's license, hethe director or ~~his~~	24169
the director's designee may hand deliver the order. The licensee	24170
to whom a suspension order is issued shall be afforded a hearing	24171
in accordance with Chapter 119. of the Revised Code, after which	24172
the director shall reinstate, revoke, or suspend for a longer or	24173
indefinite period the suspended license.	24174

Sec. 943.06. Every small dealer, dealer, and broker licensed	24175
under section 943.03 or 943.031 of the Revised Code, as	24176
applicable, and carrying on or conducting business under ~~such~~that	24177
license, shall post in a conspicuous place in or at the place of	24178
business of ~~such~~the licensee a copy of ~~such~~the license furnished	24179
by the department of agriculture, to be kept so posted and exposed	24180
for inspection by any person.	24181

Sec. 943.07. Each small dealer, dealer, or broker leasing,	24182
renting, operating, or owning livestock yards, pens, premises, or	24183
vehicles in which animals are quartered, fed, held, or	24184
transported, shall have a veterinary inspector approved by the	24185
department of agriculture, inspect, when directed, all such yards,	24186
premises, and vehicles and shall thoroughly and completely	24187
disinfect all such yards, pens, premises, and vehicles under the	24188
direction of the veterinary inspector and as prescribed by the	24189
department. The cost of ~~such~~the inspection and disinfection shall	24190
be borne by ~~such~~the small dealer, dealer, or broker.	24191

The department shall not require such veterinary inspection	24192
of yards, pens, premises, or other facilities where veterinary	24193
inspection is regularly maintained by the United States department	24194
of agriculture, or by the municipal corporation in which the same	24195
are located, or where livestock is transported to markets or	24196
slaughtering establishments where such inspection is maintained.	24197

The department may adopt ~~and promulgate~~ adequate sanitary	24198
requirements covering the construction and maintenance of	24199
buildings, pens, and chutes on all premises regularly used for the	24200
assembling, receiving, handling, feeding, watering, holding,	24201
buying, or selling of livestock, and may prescribe and enforce	24202
rules ~~and regulations~~ for the purpose of carrying into effect	24203
sections 943.01 to 943.18 of the Revised Code. ~~Such~~Those sections	24204
shall not apply to railroads subject to the "Interstate Commerce	24205
Act of 1887," 24 Stat. 379, 49 U.S.C.A. 1.	24206

Sec. 943.13. The department of agriculture shall require	24207
inspection, tests, and treatments necessary to prevent the spread	24208
of diseases of all animals sold or transferred from pens, yards,	24209
premises, or vehicles by ~~brokers or~~small dealers, dealers, or	24210
brokers except when such animals are immediately delivered to a	24211
slaughtering establishment. ~~Such~~The inspection, tests, and	24212
treatments shall be made by a veterinary inspector approved by the	24213
department and shall be made and reported as prescribed by the	24214
department. The fees for ~~such~~that service shall be paid by the	24215
~~broker or~~small dealer, dealer, or broker. This section shall not	24216
apply to a person operating a slaughtering establishment at which	24217
antemortem veterinary inspection is regularly maintained.	24218

The director of agriculture, without a prior hearing, may	24219
revoke the approval of a veterinary inspector. A person to whom an	24220
order of revocation is issued shall be afforded a hearing in	24221
accordance with sections 119.01 to 119.13 of the Revised Code.	24222

Animals sold through a livestock auction market shall be	24223
accompanied by a release as may be prescribed by the department	24224
and issued by the ~~broker or~~small dealer, dealer, or broker. ~~Such~~	24225
The release shall state the date, number and kind of animals	24226
moved, point of origin, and buyer.	24227

Animals sold for slaughter may be identified by an ear tag, a	24228
livestock paint brand, or other prescribed identification,	24229
whenever the department finds such identification necessary.	24230

Operators of livestock auction markets shall furnish and	24231
maintain cattle chutes suitable for restraining animals for	24232
careful inspection and shall provide suitable laboratory space for	24233
the veterinary inspector. All swine pens shall be paved and	24234
maintained so that they can be cleaned and disinfected. All	24235
diseased animals shall be segregated by species and held in	24236
designated pens constructed to facilitate cleaning and	24237
disinfecting.	24238

Sec. 943.14. (A) The department of agriculture or any of its	24239
authorized agents may inspect the records of any licensee or	24240
employee at any time to determine the origin and destination of	24241
any livestock handled by the licensee and to determine if sections	24242
943.01 to 943.18 of the Revised Code, or the rules ~~promulgated~~	24243
adopted thereunder, have been violated.	24244

(B) A small dealer, dealer, or broker, employee, or person	24245
described in division (B)(4) of section 943.01 of the Revised	24246
Code, who acquires or disposes of an animal by any means, shall	24247
make a record of the name and address of the person from whom the	24248
animal was acquired and to whom disposed. The record also shall	24249
show the individual identification of each animal at the time of	24250
acquisition or disposal. These records shall be maintained for a	24251
period of ~~twenty-four~~sixty months or longer from the date of	24252
acquisition or disposal.	24253

(C) The individual identification in division (B) of this	24254
section shall be in a manner or form approved by the department.	24255

(D) A person who is a soliciting agent for a video auction	24256
pursuant to division (B) of section 943.02 of the Revised Code	24257
shall maintain records in a manner or form approved by the	24258
department.	24259

Sec. 943.16. All fines imposed and collected under section	24260
943.99 of the Revised Code, shall be ~~paid to the department of~~	24261
~~agriculture and by it paid into the state treasury~~credited to the	24262
animal and consumer analytical laboratory fund created in section	24263
901.43 of the Revised Code.	24264

Sec. 953.21. As used in this chapter:

24265

(A) "Animal" means any animal, other than ~~man~~a human being,	24266
and includes domestic fowl, wild birds, fish, and reptiles, living	24267
or dead.	24268

(B) "Licensee" means any person who is licensed in accordance	24269
with this chapter.	24270

(C) "Loading platform" means any place operated by a licensee	24271
for loading dead animals, or parts thereof, onto trucks to take	24272
them to a rendering plant or composting facility.	24273

(D) "Person" means any natural person, partnership,	24274
association, or corporation.	24275

(E) "Raw rendering material" means any body, part of a body,	24276
or product of a body of any dead animal that is unwholesome,	24277
condemned, inedible, or otherwise unfit for human consumption.	24278

(F) "Rendering plant" means any premises where raw rendering	24279
materials are converted into fats, oils, feeds, fertilizer, and	24280
other products.	24281

(G) "Composting facility" means any premises, including	24282
~~structure~~structures and equipment, operating in accordance with	24283
rules adopted under section 3734.02 of the Revised Code and used	24284
for the controlled decomposition of organic solid material,	24285
including dead animals, that stabilizes the organic fraction of	24286
the material.	24287

(H) "Conveyance" means a vehicle, trailer, or compartment.

24288

Sec. 953.22. (A) No person shall engage in the business of	24289
disposing of, picking up, rendering, or collecting raw rendering	24290
material or transporting the material to a composting facility	24291
without a license to do so from the department of agriculture.	24292

(B) This chapter does not apply to any of the following:

24293

(1) ~~Operations on any premises that are licensed in~~	24294
~~compliance with Chapter 918. of the Revised Code or are subject to~~	24295
~~federal meat inspection and render only raw rendering material~~	24296
~~that is produced on the premises;~~	24297

~~(2)~~ A farmer who slaughters ~~his~~the farmer's own animals,	24298
raised by ~~him~~the farmer on ~~his~~the farmer's own farm, processes	24299
~~his~~the farmer's own meat therefrom, and disposes of ~~his~~the	24300
farmer's raw rendering material only by delivery to a person	24301
licensed under section 953.23 of the Revised Code;	24302

~~(3)~~(2) A person whose only connection with raw rendering	24303
material is curing hides and skins;	24304

~~(4)~~(3) A person whose only connection with raw rendering	24305
material is operating a pet cemetery;	24306

~~(5)~~(4) A person who is conducting composting, as defined in	24307
section 1511.01 of the Revised Code, in accordance with section	24308
1511.022 of the Revised Code;	24309

(5) A person whose only connection with raw rendering	24310
material is trapping wild animals in accordance with a nuisance	24311
wild animal permit issued by the chief of the division of wildlife	24312
in the department of natural resources under rules adopted	24313
pursuant to section 1531.08 of the Revised Code;	24314

(6) A county dog warden or animal control officer who	24315
transports raw rendering material only for disposal purposes.	24316

Sec. 953.23. (A) Application for a license shall be made to	24317
the department of agriculture on a form prescribed by the	24318
department.	24319

(B) Each application shall include all of the following:

24320

(1) The name and address of the applicant;

24321

(2) The applicant's proposed place of business;

24322

(3) A detailed statement of the method that the applicant	24323
intends to use to dispose of, pick up, render, or collect raw	24324
rendering material or to transport it to a composting facility;	24325

(4) Such other relevant information as the department may	24326
require.	24327

(C) Each applicant shall submit the annual license fee with	24328
~~his~~the application.	24329

(1) The license fee for a person applying for an annual	24330
license to pick up or collect raw rendering material and dispose	24331
of the material to a licensee or in accordance with divisions (B)	24332
and (C) of section 953.26 of the Revised Code, or to transport raw	24333
rendering material to a composting facility, is twenty-five	24334
dollars per conveyance that is used to pick up or collect and	24335
dispose of or to transport raw rendering material. A late fee of	24336
ten dollars per conveyance shall be charged for each application	24337
that is received after the thirtieth day of November each year.	24338

(2) The license fee for a person applying for an annual	24339
license to pick up or collect raw rendering material and to	24340
operate one or more rendering plants is ~~one~~three hundred dollars	24341
for each such plant. A late fee of one hundred dollars shall be	24342
charged for each application that is received after the thirtieth	24343
day of November each year.	24344

(D) On receipt of an application and fee, under this section,	24345
the department shall inspect the means of conveyance and premises	24346
that the applicant proposes to use to dispose of, collect, pick	24347
up, or render raw rendering material or to transport it to a	24348
composting facility for profit.	24349

(E) If the department finds that the applicant's means of	24350
conveyance, premises, and operation meet the requirements of this	24351
chapter and rules adopted thereunder, the department shall issue a	24352
license to the applicant to dispose of, pick up, render, or	24353
collect for profit raw rendering material or to transport it to a	24354
composting facility for profit.	24355

(F) Each license issued under this section shall expire on	24356
the thirty-first day of December of each year. Each person	24357
licensed under this section shall make application for renewal of	24358
~~his~~the person's license no later than the thirtieth day of	24359
November of each year.	24360

(G) Application for renewal shall be in accordance with the	24361
requirements of this section for initial application for a license	24362
and the standard renewal procedure of sections 4745.01 to 4745.03	24363
of the Revised Code.	24364

(H) All money collected under this section shall be credited	24365
to the animal and consumer analytical laboratory fund created in	24366
section 901.43 of the Revised Code.	24367

Sec. 955.201. (A) As used in this section and in section	24368
955.202 of the Revised Code, "Ohio pet fund" means a nonprofit	24369
corporation organized by that name under Chapter 1702. of the	24370
Revised Code that consists of humane societies, veterinarians,	24371
animal shelters, companion animal breeders, dog wardens, ~~and~~or	24372
similar individuals and entities.	24373

(B) The Ohio pet fund shall do all of the following:

24374

(1) Establish eligibility criteria for organizations that may	24375
receive financial assistance from the pets program funding board	24376
created in section 955.202 of the Revised Code. Those	24377
organizations may include any of the following:	24378

(a) An animal shelter as defined in section 4729.01 of the	24379
Revised Code;	24380

(b) A local nonprofit veterinary association that operates a	24381
program for the sterilization of dogs and cats;	24382

(c) A charitable organization that is exempt from federal	24383
income taxation under subsection 501(c)(3) of the Internal Revenue	24384
Code and ~~the primary~~a purpose of which is to support programs for	24385
the sterilization of dogs and cats and educational programs	24386
concerning the proper veterinary care of those animals.	24387

(2) Establish procedures for applying for financial	24388
assistance from the pets program funding board. Application	24389
procedures shall require eligible organizations to submit detailed	24390
proposals that outline the intended uses of the moneys sought.	24391

(3) Establish eligibility criteria for sterilization and	24392
educational programs for which moneys from the pets program	24393
funding board may be used and, consistent with division (C) of	24394
this section, establish eligibility criteria for individuals who	24395
seek sterilization for their dogs and cats from eligible	24396
organizations;	24397

(4) Establish procedures for the disbursement of moneys the	24398
pets program funding board receives from license plate	24399
contributions pursuant to division (C) of section 4503.551 of the	24400
Revised Code;	24401

(5) Advertise or otherwise provide notification of the	24402
availability of financial assistance from the pets program funding	24403
board for eligible organizations;	24404

(6) Design markings to be inscribed on "pets" license plates	24405
under section 4503.551 of the Revised Code.	24406

(C)(1) The owner of a dog or cat is eligible for dog or cat	24407
sterilization services from an eligible organization when those	24408
services are subsidized in whole or in part by money from the pets	24409
program funding board if any of the following applies:	24410

(a) The income of the owner's family does not exceed one	24411
hundred fifty per cent of the federal poverty guideline.	24412

(b) The owner, or any member of the owner's family who	24413
resides with the owner, is a recipient or beneficiary of one of	24414
the following government assistance programs:	24415

(i) Low-income housing assistance under the "United States	24416
Housing Act of 1937," 42 U.S.C.A. 1437f, as amended, known as the	24417
federal section 8 housing program;	24418

(ii) The Ohio works first program established by Chapter	24419
5107. of the Revised Code;	24420

(iii) Title XIX of the "Social Security Act," 49 Stat. 620	24421
(1935), 42 U.S.C.A. 301, as amended, known as the medical	24422
assistance program or medicaid, provided by the department of job	24423
and family services under Chapter 5111. of the Revised Code;	24424

(iv) A program or law administered by the United States	24425
department of veterans' affairs or veterans' administration for	24426
any service-connected disability;	24427

(v) The ~~food stamp~~supplemental nutrition assistance program	24428
established under the "Food ~~Stamp~~and Nutrition Act of ~~1977," 91~~	24429
~~Stat. 958,~~2008 ( 7 U.S.C.A. 2011~~, as amended,~~et seq.)	24430
administered by the department of job and family services under	24431
section 5101.54 of the Revised Code;	24432

(vi) The "special supplemental nutrition program for women,	24433
infants, and children" established under the "Child Nutrition Act	24434
of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, administered	24435
by the department of health under section 3701.132 of the Revised	24436
Code;	24437

(vii) Supplemental security income under Title XVI of the	24438
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as	24439
amended;	24440

(viii) Social security disability insurance benefits provided	24441
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	24442
42 U.S.C.A. 401, as amended.	24443

(c) The owner of the dog or cat submits to the eligible	24444
organization operating the sterilization program either of the	24445
following:	24446

(i) A certificate of adoption showing that the dog or cat was	24447
adopted from a licensed animal shelter, a municipal, county, or	24448
regional pound, or a holding and impoundment facility that	24449
contracts with a municipal corporation;	24450

(ii) A certificate of adoption showing that the dog or cat	24451
was adopted through a nonprofit corporation operating an animal	24452
adoption referral service whose holding facility, if any, is	24453
licensed in accordance with state law or a municipal ordinance.	24454

(2) The Ohio pet fund shall determine the type of documentary	24455
evidence that must be presented by the owner of a dog or cat to	24456
show that the income of the owner's family does not exceed one	24457
hundred fifty per cent of the federal poverty guideline or that	24458
the owner is eligible under division (C)(1)(b) of this section.	24459

(D) As used in division (C) of this section, "federal poverty	24460
guideline" means the official poverty guideline as revised	24461
annually by the United States department of health and human	24462
services in accordance with section 673(2) of the "Omnibus Budget	24463
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	24464
amended, for a family size equal to the size of the family of the	24465
person whose income is being determined.	24466

Sec. 1321.20. (A) Every person licensed or registered under	24467
this chapter shall pay to the superintendent of financial	24468
institutions, prior to the last day of June, an annual license or	24469
certificate of registration fee. On or about the fifteenth day of	24470
April of each year, the superintendent shall determine the license	24471
or certificate fees to be charged, pursuant to sections 1321.03,	24472
1321.05, ~~1321.53,~~ and 1321.73 of the Revised Code. Such	24473
determination shall be made by dividing the appropriation for the	24474
consumer finance section of the division of financial institutions	24475
for the current fiscal year by the number of licenses and	24476
certificates issued as of the date of the computation. In no event	24477
shall the amount of the fee exceed three hundred dollars, except	24478
that the maximum fee which may be charged insurance premium	24479
finance companies licensed under section 1321.73 of the Revised	24480
Code shall not exceed three hundred seventy-five dollars. Prior to	24481
the first day of June of each year, the superintendent shall	24482
inform each person licensed or registered under this chapter of	24483
the amount of the license or certificate fee for the succeeding	24484
fiscal year as determined by this section.	24485

(B)(1) Each person licensed under Chapter 4727. of the	24486
Revised Code who is subject to annual license renewal under	24487
division (E)(1) of section 4727.03 of the Revised Code shall,	24488
prior to the last day of June, pay to the superintendent a fee	24489
equal to twice the amount of the fee determined by the	24490
superintendent pursuant to division (A) of this section. However,	24491
in no event shall the amount of the fee exceed three hundred	24492
dollars.	24493

(2) Each person licensed under Chapter 4727. of the Revised	24494
Code who is subject to biennial license renewal under division	24495
(E)(2) of section 4727.03 of the Revised Code shall, prior to the	24496
date the license expires, pay to the superintendent a fee equal to	24497
four times the amount of the fee determined by the superintendent	24498
pursuant to division (A) of this section. However, in no event	24499
shall the amount of the fee exceed six hundred dollars.	24500

(C) The fee for a license or certificate issued pursuant to	24501
Chapter ~~1321.,~~ 4727., or 4728. of the Revised Code after the first	24502
day of January of the year the license or certificate expires	24503
shall be equal to one-half the amount determined according to	24504
divisions (A) and (B) of this section or in accordance with	24505
section 4728.03 of the Revised Code.	24506

(D) If the renewal fees billed by the superintendent pursuant	24507
to divisions (A) and (B) of this section are less than the	24508
estimated expenditures of the consumer finance section of the	24509
division of financial institutions, as determined by the	24510
superintendent, for the following fiscal year, the superintendent	24511
may assess each person licensed pursuant to section 1321.04 or	24512
~~registered pursuant to section 1321.53~~ of the Revised Code at a	24513
rate sufficient to equal in the aggregate the difference between	24514
the renewal fees billed and the estimated expenditures. Each	24515
person shall pay the assessed amount to the superintendent prior	24516
to the last day of June. In no case shall the assessment exceed	24517
ten cents per each one hundred dollars of interest (excluding	24518
charge-off recoveries), points, loan origination charges, and	24519
credit line charges collected by that person during the previous	24520
calendar year. If an assessment is imposed under this division, it	24521
shall not be less than two hundred fifty dollars per licensee or	24522
registrant and shall not exceed thirty thousand dollars less the	24523
total renewal fees paid pursuant to division (A) of this section	24524
by each licensee or registrant.	24525

Sec. 1321.51. As used in sections 1321.51 to 1321.60 of the	24526
Revised Code:	24527

(A) "Person" means an individual, partnership, association,	24528
trust, corporation, or any other legal entity.	24529

(B) "Certificate" means a certificate of registration issued	24530
under sections 1321.51 to 1321.60 of the Revised Code.	24531

(C) "Registrant" means a person to whom one or more	24532
certificates of registration have been issued under sections	24533
1321.51 to 1321.60 of the Revised Code.	24534

(D) "Principal amount" means the amount of cash paid to, or	24535
paid or payable for the account of, the borrower, and includes any	24536
charge, fee, or expense that is financed by the borrower at	24537
origination of the loan or during the term of the loan.	24538

(E) "Interest" means all charges payable directly or	24539
indirectly by a borrower to a registrant as a condition to a loan	24540
or an application for a loan, however denominated, but does not	24541
include default charges, deferment charges, insurance charges or	24542
premiums, court costs, loan origination charges, check collection	24543
charges, credit line charges, points, prepayment penalties, or	24544
other fees and charges specifically authorized by law.	24545

(F) "Interest-bearing loan" means a loan in which the debt is	24546
expressed as the principal amount and interest is computed,	24547
charged, and collected on unpaid principal balances outstanding	24548
from time to time.	24549

(G) "Precomputed loan" means a loan in which the debt is a	24550
sum comprising the principal amount and the amount of interest	24551
computed in advance on the assumption that all scheduled payments	24552
will be made when due.	24553

(H) "Actuarial method" means the method of allocating	24554
payments made on a loan between the principal amount and interest	24555
whereby a payment is applied first to the accumulated interest and	24556
the remainder to the unpaid principal amount.	24557

(I) "Applicable charge" means the amount of interest	24558
attributable to each monthly installment period of the loan	24559
contract. The applicable charge is computed as if each installment	24560
period were one month and any charge for extending the first	24561
installment period beyond one month is ignored. In the case of	24562
loans originally scheduled to be repaid in sixty-one months or	24563
less, the applicable charge for any installment period is that	24564
proportion of the total interest contracted for, as the balance	24565
scheduled to be outstanding during that period bears to the sum of	24566
all of the periodic balances, all determined according to the	24567
payment schedule originally contracted for. In all other cases,	24568
the applicable charge for any installment period is that which	24569
would have been made for such period had the loan been made on an	24570
interest-bearing basis, based upon the assumption that all	24571
payments were made according to schedule.	24572

(J) "Broker" means a person who acts as an intermediary or	24573
agent in finding, arranging, or negotiating loans, other than	24574
residential mortgage loans, and charges or receives a fee for	24575
these services.	24576

(K) "Annual percentage rate" means the ratio of the interest	24577
on a loan to the unpaid principal balances on the loan for any	24578
period of time, expressed on an annual basis.	24579

(L) "Point" means a charge equal to one per cent of either of	24580
the following:	24581

(1) The principal amount of a precomputed loan or	24582
interest-bearing loan;	24583

(2) The original credit line of an open-end loan.

24584

(M) "Prepayment penalty" means a charge for prepayment of a	24585
loan at any time prior to five years from the date the loan	24586
contract is executed.	24587

(N) "Refinancing" means a loan the proceeds of which are used	24588
in whole or in part to pay the unpaid balance of a prior loan made	24589
by the same registrant to the same borrower under sections 1321.51	24590
to 1321.60 of the Revised Code.	24591

(O) "Superintendent of financial institutions" includes the	24592
deputy superintendent for consumer finance as provided in section	24593
1181.21 of the Revised Code.	24594

(P)(1) "Mortgage loan originator" means an individual who for	24595
compensation or gain, or in anticipation of compensation or gain,	24596
does any of the following:	24597

(a) Takes or offers to take a residential mortgage loan	24598
application;	24599

(b) Assists or offers to assist a borrower in obtaining or	24600
applying to obtain a residential mortgage loan by, among other	24601
things, advising on loan terms, including rates, fees, and other	24602
costs;	24603

(c) Offers or negotiates terms of a residential mortgage	24604
loan;	24605

(d) Issues or offers to issue a commitment for a residential	24606
mortgage loan to a borrower.	24607

(2) "Mortgage loan originator" does not include any of the	24608
following:	24609

(a) An individual who performs purely administrative or	24610
clerical tasks on behalf of a mortgage loan originator;	24611

(b) A person licensed pursuant to Chapter 4735. of the	24612
Revised Code, or under the similar law of another state, who	24613
performs only real estate brokerage activities permitted by that	24614
license, provided the person is not compensated by a mortgage	24615
lender, mortgage broker, mortgage loan originator, or by any agent	24616
thereof;	24617

(c) A person solely involved in extensions of credit relating	24618
to timeshare plans, as that term is defined in 11 U.S.C. 101, in	24619
effect on January 1, 2009;	24620

(d) A person acting solely as a loan processor or	24621
underwriter, who does not represent to the public, through	24622
advertising or other means of communicating, including the use of	24623
business cards, stationery, brochures, signs, rate lists, or other	24624
promotional items, that the person can or will perform any of the	24625
activities of a mortgage loan originator;	24626

(e) A loan originator licensed under sections 1322.01 to	24627
1322.12 of the Revised Code, when acting solely under that	24628
authority;	24629

(f) A licensed attorney who negotiates the terms of a	24630
residential mortgage loan on behalf of a client as an ancillary	24631
matter to the attorney's representation of the client, unless the	24632
attorney is compensated by a lender, a mortgage broker, or another	24633
mortgage loan originator, or by any agent thereof;	24634

(g) Any person engaged in the retail sale of manufactured	24635
homes, mobile homes, or industrialized units if, in connection	24636
with financing those retail sales, the person only assists the	24637
borrower by providing or transmitting the loan application and	24638
does not do any of the following:	24639

(i) Offer or negotiate the residential mortgage loan rates or	24640
terms;	24641

(ii) Provide any counseling with borrowers about residential	24642
mortgage loan rates or terms;	24643

(iii) Receive any payment or fee from any company or	24644
individual for assisting the borrower obtain or apply for	24645
financing to purchase the manufactured home, mobile home, or	24646
industrialized unit;	24647

(iv) Assist the borrower in completing the residential	24648
mortgage loan application.	24649

(3) An individual acting exclusively as a servicer engaging	24650
in loss mitigation efforts with respect to existing mortgage	24651
transactions shall not be considered a mortgage loan originator	24652
for purposes of sections 1321.51 to 1321.60 of the Revised Code	24653
until July 1, 2011, unless such delay is denied by the United	24654
States department of housing and urban development.	24655

(Q) "Residential mortgage loan" means any loan primarily for	24656
personal, family, or household use that is secured by a mortgage,	24657
deed of trust, or other equivalent consensual security interest	24658
on a dwelling or on residential real estate upon which is	24659
constructed or intended to be constructed a dwelling. For purposes	24660
of this division, "dwelling" has the same meaning as in the "Truth	24661
in Lending Act," 82 Stat. 146, 15 U.S.C. 1602.	24662

(R) "Nationwide mortgage licensing system and registry" means	24663
a mortgage licensing system developed and maintained by the	24664
conference of state bank supervisors and the American association	24665
of residential mortgage regulators, or their successor entities,	24666
for the licensing and registration of mortgage loan originators,	24667
or any system established by the secretary of housing and urban	24668
development pursuant to the "Secure and Fair Enforcement for	24669
Mortgage Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101.	24670

(S) "Registered mortgage loan originator" means an individual	24671
to whom both of the following apply:	24672

(1) The individual is a mortgage loan originator and an	24673
employee of a depository institution, a subsidiary that is owned	24674
and controlled by a depository institution and regulated by a	24675
federal banking agency, or an institution regulated by the farm	24676
credit administration.	24677

(2) The individual is registered with, and maintains a unique	24678
identifier through, the nationwide mortgage licensing system and	24679
registry.	24680

(T) "Administrative or clerical tasks" means the receipt,	24681
collection, and distribution of information common for the	24682
processing or underwriting of a loan in the mortgage industry, and	24683
communication with a consumer to obtain information necessary for	24684
the processing or underwriting of a residential mortgage loan.	24685

(U) "Federal banking agency" means the board of governors of	24686
the federal reserve system, the comptroller of the currency, the	24687
director of the office of thrift supervision, the national credit	24688
union administration, and the federal deposit insurance	24689
corporation.	24690

(V) "Loan processor or underwriter" means an individual who	24691
performs clerical or support duties at the direction of and	24692
subject to the supervision and instruction of a licensed mortgage	24693
loan originator or registered mortgage loan originator. For	24694
purposes of this division, "clerical or support duties" includes	24695
the following activities:	24696

(1) The receipt, collection, distribution, and analysis of	24697
information common for the processing or underwriting of a	24698
residential mortgage loan;	24699

(2) Communicating with a borrower to obtain the information	24700
necessary for the processing or underwriting of a loan, to the	24701
extent the communication does not include offering or negotiating	24702
loan rates or terms or counseling borrowers about residential	24703
mortgage loan rates or terms.	24704

(W) "Real estate brokerage activity" means any activity that	24705
involves offering or providing real estate brokerage services to	24706
the public, including all of the following:	24707

(1) Acting as a real estate agent or real estate broker for a	24708
buyer, seller, lessor, or lessee of real property;	24709

(2) Bringing together parties interested in the sale,	24710
purchase, lease, rental, or exchange of real property;	24711

(3) Negotiating, on behalf of any party, any portion of a	24712
contract relating to the sale, purchase, lease, rental, or	24713
exchange of real property, other than in connection with providing	24714
financing for any such transaction;	24715

(4) Engaging in any activity for which a person engaged in	24716
that activity is required to be registered or licensed as a real	24717
estate agent or real estate broker under any applicable law;	24718

(5) Offering to engage in any activity, or to act in any	24719
capacity, described in division (W) of this section.	24720

(X) "Licensee" means any person that has been issued a	24721
mortgage loan originator license under sections 1321.51 to 1321.60	24722
of the Revised Code.	24723

(Y) "Unique identifier" means a number or other identifier	24724
that permanently identifies a mortgage loan originator and is	24725
assigned by protocols established by the nationwide mortgage	24726
licensing system and registry or federal banking agencies to	24727
facilitate electronic tracking of mortgage loan originators and	24728
uniform identification of, and public access to, the employment	24729
history of and the publicly adjudicated disciplinary and	24730
enforcement actions against mortgage loan originators.	24731

(Z) "State" in the context of referring to states in addition	24732
to Ohio means any state of the United States, the district of	24733
Columbia, any territory of the United States, Puerto Rico, Guam,	24734
American Samoa, the trust territory of the Pacific islands, the	24735
virgin islands, and the northern Mariana islands.	24736

(AA) "Depository institution" has the same meaning as in	24737
section 3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12	24738
U.S.C. 1813, and includes any credit union.	24739

(BB) "Bona fide third party" means a person that is not an	24740
employee of, related to, or affiliated with, the registrant, and	24741
that is not used for the purpose of circumvention or evasion of	24742
sections 1321.51 to 1321.60 of the Revised Code.	24743

(CC) "Nontraditional mortgage product" means any mortgage	24744
product other than a thirty-year fixed rate mortgage.	24745

(DD) "Employee" means an individual for whom a registrant or	24746
applicant, in addition to providing a wage or salary, pays social	24747
security and unemployment taxes, provides workers' compensation	24748
coverage, and withholds local, state, and federal income taxes.	24749
"Employee" also includes any individual who acts as a mortgage	24750
loan originator or operations manager of the registrant, but for	24751
whom the registrant is prevented by law from making income tax	24752
withholdings.	24753

(EE) "Primary point of contact" means the employee or owner	24754
designated by the registrant or applicant to be the individual who	24755
the division of financial institutions can contact regarding	24756
compliance or licensing matters relating to the registrant's or	24757
applicant's business or lending activities secured by an interest	24758
in real estate.	24759

(FF) "Consumer reporting agency" has the same meaning as in	24760
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C. 1681a,	24761
as amended.	24762

(GG) "Mortgage broker" has the same meaning as in section	24763
1322.01 of the Revised Code.	24764

Sec. 1321.52. (A)(1) No person, on that person's own behalf	24765
or on behalf of any other person, shall do ~~either~~any of the	24766
following without having first obtained a certificate of	24767
registration from the division of financial institutions:	24768

(a) Advertise, solicit, or hold out that the person is	24769
engaged in the business of making residential mortgage loans	24770
secured by a mortgage on a borrower's real estate which is other	24771
than a first lien on the real estate;	24772

(b) Engage in the business of lending or collecting the	24773
person's own or another person's money, credit, or choses in	24774
action for ~~such~~non-first lien residential mortgage loans;	24775

(c) Employ or compensate mortgage loan originators licensed	24776
or who should be licensed under sections 1321.51 to 1321.60 of the	24777
Revised Code to conduct the business of making residential	24778
mortgage loans;	24779

(d) Make loans in this state of the type set forth in	24780
division (C) of this section that are unsecured or are secured by	24781
other than real property, which loans are for more than five	24782
thousand dollars at a rate of interest greater than permitted by	24783
section 1343.01 or other specific provisions of the Revised Code.	24784

(2) Each person issued a certificate of registration or	24785
license is subject to all the rules prescribed under sections	24786
1321.51 to 1321.60 of the Revised Code.	24787

(B)(1) All loans made to persons who at the time are	24788
residents of this state are considered as made within this state	24789
and subject to the laws of this state, regardless of any statement	24790
in the contract or note to the contrary,except as follows:	24791

(a) If the loan is primarily secured by a lien on real	24792
property in another state and is arranged by a mortgage loan	24793
originator licensed by that state, the borrower may by choice of	24794
law designate that the transaction be governed by the law where	24795
the real property is located if the other state has consumer	24796
protection laws covering the borrower that are applicable to the	24797
transaction.	24798

(b) If the loan is for the purpose of purchasing goods	24799
acquired by the borrower when the borrower is outside of this	24800
state, the loan may be governed by the laws of the other state.	24801

(2) Nothing in division (B)(1) of this section prevents a	24802
choice of law or requires registration or licensure of persons	24803
outside of this state in a transaction involving the solicitation	24804
of residents of this state to obtain non-real estate secured loans	24805
that require the borrowers to physically visit a lender's	24806
out-of-state office to apply for and obtain the disbursement of	24807
loan funds.	24808

(C) A registrant may make unsecured loans, loans secured by a	24809
mortgage on a borrower's real estate which is a first lien or	24810
other than a first lien on the real estate, loans secured by other	24811
than real estate, and loans secured by any combination of	24812
mortgages and security interests, on terms and conditions provided	24813
by sections 1321.51 to 1321.60 of the Revised Code.	24814

(D)(1) If a lender that is subject to sections 1321.51 to	24815
1321.60 of the Revised Code makes a loan in violation of division	24816
(A)(1) of this section, the lender has no right to collect,	24817
receive, or retain any interest or charges on that loan.	24818

(2) If a registrant applies to the division for a renewal of	24819
the registrant's certificate after the date required by division	24820
~~(A)(4)~~(A)(7) of section 1321.53 of the Revised Code, but prior to	24821
the first day of ~~August~~February of that year, and the division	24822
approves the application, division (D)(1) of this section does not	24823
apply with respect to any loan made by the registrant while the	24824
registrant's certificate was expired.	24825

(3) If a person's registration under sections 1321.51 to	24826
1321.60 of the Revised Code terminates due to nonrenewal or	24827
otherwise but the person continues to engage in the business of	24828
collecting or servicing non-first lien residential mortgage loans	24829
in violation of division (A)(1) of this section, the	24830
superintendent of financial institutions may take administrative	24831
action, including action on any subsequent application for a	24832
certificate of registration. In addition, no late fee, bad check	24833
charge except as incurred, charge related to default or cost to	24834
realize on its security interest, or prepayment penalty on	24835
non-first lien residential mortgage loans shall be collected or	24836
retained by a person who is in violation of division (A)(1)(b) of	24837
this section for the period of time in which the person was in	24838
violation. Nothing in division (D)(3) of this section prevents or	24839
otherwise precludes any other actions or penalties provided by	24840
law or modifies a defense of holder in due course that a	24841
subsequent purchaser servicing the residential mortgage loan may	24842
raise.	24843

(E)(1) No individual shall engage in the business of a	24844
mortgage loan originator without first obtaining and maintaining	24845
annually a license pursuant to section 1321.532 of the Revised	24846
Code from the division of financial institutions. A mortgage loan	24847
originator shall be employed or associated with a registrant or	24848
entity exempt from registration under sections 1321.51 to 1321.60	24849
of the Revised Code, but shall not be employed by or associated	24850
with more than one registrant or exempt entity at any one time.	24851

(2) An individual acting under the individual's authority as	24852
a registered mortgage loan originator shall not be required to be	24853
licensed under division (E)(1) of this section.	24854

(F)(1) Each licensee shall register with, and maintain a	24855
valid unique identifier issued by, the nationwide mortgage	24856
licensing system and registry.	24857

(2) No person shall use a licensee's unique identifier for	24858
any purpose other than as set forth in the "Secure and Fair	24859
Enforcement for Mortgage Licensing Act of 2008," 122 Stat. 2810,	24860
12 U.S.C. 5101.	24861

(G)(1) If a person that is subject to sections 1321.51 to	24862
1321.60 of the Revised Code makes a loan in violation of division	24863
(A)(1)(d) of this section and subsequently sells or assigns that	24864
loan, the person is liable to the borrower for any interest paid	24865
on that loan to the holder or assignee in excess of the rate that	24866
would be applicable in the absence of sections 1321.51 to 1321.60	24867
of the Revised Code, in addition to any interest or charges paid	24868
on that loan to the unauthorized lender as provided by division	24869
(D)(1) of this section.	24870

(2) If a person that is subject to sections 1321.51 to	24871
1321.60 of the Revised Code makes a residential mortgage loan in	24872
violation of division (A)(1)(b) or (c) of this section and	24873
subsequently sells or assigns that loan, the lender is liable to	24874
the borrower for any interest paid on that loan to the holder or	24875
assignee in excess of the rate set forth in division (B)(4) of	24876
section 1343.01 of the Revised Code, in addition to any interest	24877
or charges paid on that loan to the unauthorized lender as	24878
provided by division (D)(1) of this section.	24879

Sec. 1321.521. The superintendent of financial institutions	24880
may, by rule, expand the definition of mortgage loan originator in	24881
section 1321.51 of the Revised Code by adding individuals or may	24882
exempt additional individuals or persons from that definition, if	24883
the superintendent finds that the addition or exemption is	24884
consistent with the purposes fairly intended by the policy and	24885
provisions of sections 1321.51 to 1321.60 of the Revised Code and	24886
the "Secure and Fair Enforcement for Mortgage Licensing Act of	24887
2008," 122 Stat. 2810, 12 U.S.C. 5101.	24888

Rules authorized by this section shall be adopted in	24889
accordance with Chapter 119. of the Revised Code.	24890

Sec. 1321.522. (A) A credit union service organization	24891
seeking exemption from registration pursuant to division (D)(6) of	24892
section 1321.53 of the Revised Code shall submit an application to	24893
the superintendent of financial institutions along with a	24894
nonrefundable fee of three hundred fifty dollars for each location	24895
of an office to be maintained by the organization. The application	24896
shall be in a form prescribed by the superintendent and shall	24897
include all of the following:	24898

(1) The organization's business name and state of	24899
incorporation;	24900

(2) The names of the owners, officers, or partners having	24901
control of the organization;	24902

(3) An attestation to all of the following:

24903

(a) That the organization and its owners, officers, or	24904
partners identified in division (A)(2) of this section have not	24905
had a mortgage lender certificate of registration or mortgage loan	24906
originator license, or any comparable authority, revoked in any	24907
governmental jurisdiction;	24908

(b) That the organization and its owners, officers, or	24909
partners identified in division (A)(2) of this section have not	24910
been convicted of, or pleaded guilty to, any of the following in a	24911
domestic, foreign, or military court:	24912

(i) During the seven-year period immediately preceding the	24913
date of application for exemption, any felony or a misdemeanor	24914
involving theft;	24915

(ii) At any time prior to the date of application for	24916
exemption, a felony involving an act of fraud, dishonesty, a	24917
breach of trust, theft, or money laundering.	24918

(c) That, with respect to financing residential mortgage	24919
loans, the organization conducts business with residents of this	24920
state or secures its loans with property located in this state.	24921

(4) The names of all mortgage loan originators or licensees	24922
under the organization's control and direction;	24923

(5) An acknowledgment of understanding that the organization	24924
is subject to the regulatory authority of the division of	24925
financial institutions;	24926

(6) Any further information that the superintendent may	24927
require.	24928

(B)(1) If the superintendent determines that the credit union	24929
service organization honestly made the attestation required under	24930
division (A)(3) of this section and otherwise qualifies for	24931
exemption, the superintendent shall issue a letter of exemption.	24932
Additional certified copies of a letter of exemption shall be	24933
provided upon request and the payment of seventy-five dollars per	24934
copy.	24935

(2) If the superintendent determines that the organization	24936
does not qualify for exemption, the superintendent shall issue a	24937
notice of denial, and the organization may request a hearing in	24938
accordance with Chapter 119. of the Revised Code.	24939

(C) All of the following conditions apply to any credit union	24940
service organization holding a valid letter of exemption:	24941

(1) The organization shall be subject to examination in the	24942
same manner as a registrant with respect to the conduct of the	24943
organization's mortgage loan originators. In conducting any	24944
out-of-state examination, the organization shall be responsible	24945
for paying the costs of the division in the same manner as a	24946
registrant.	24947

(2) The organization shall have an affirmative duty to	24948
supervise the conduct of its mortgage loan originators, and to	24949
cooperate with investigations by the division with respect to that	24950
conduct, in the same manner as is required of registrants.	24951

(3) The organization shall keep and maintain records of all	24952
transactions relating to the conduct of its mortgage loan	24953
originators in the same manner as is required of registrants.	24954

(4) The organization may provide the surety bond for its	24955
mortgage loan originators in the same manner as is permitted for	24956
registrants.	24957

(D) A letter of exemption expires annually on the	24958
thirty-first day of December and may be renewed on or before that	24959
date by submitting an application that meets the requirements of	24960
division (A) of this section and a nonrefundable renewal fee of	24961
three hundred fifty dollars for each location of an office to be	24962
maintained by the credit union service organization.	24963

(E) The superintendent may issue a notice to revoke or	24964
suspend a letter of exemption if the superintendent finds that the	24965
letter was obtained through a false or fraudulent representation	24966
of a material fact, or the omission of a material fact, required	24967
by law, or that a condition for exemption is no longer being met.	24968
Prior to issuing an order of revocation or suspension, the credit	24969
union service organization shall be given an opportunity for a	24970
hearing in accordance with Chapter 119. of the Revised Code.	24971

(F) All information obtained by the division pursuant to an	24972
examination or investigation under this section shall be subject	24973
to the confidentiality requirements set forth in section 1321.55	24974
of the Revised Code.	24975

(G) All money collected under this section shall be deposited	24976
into the state treasury to the credit of the consumer finance fund	24977
created in section 1321.21 of the Revised Code.	24978

Sec. 1321.53. (A)(1) An application for a certificate of	24979
registration under sections 1321.51 to 1321.60 of the Revised Code	24980
shall contain an undertaking by the applicant to abide by those	24981
sections. The application shall be in writing, under oath, and in	24982
the form prescribed by the division of financial institutions,	24983
~~shall give the location where the business is to be conducted and~~	24984
~~the names and addresses of the partners, officers, or trustees of~~	24985
~~the applicant,~~ and shall contain any ~~further relevant~~ information	24986
that the division may require. Applicants that are foreign	24987
corporations shall obtain and maintain a license pursuant to	24988
Chapter 1703. of the Revised Code before a certificate is issued	24989
or renewed.	24990

(2) Upon the filing of the application and the payment by the	24991
applicant of a nonrefundable two hundred ~~dollars as an~~dollar	24992
investigation fee ~~and an~~, a nonrefundable three hundred dollar	24993
annual registration fee ~~as determined by the superintendent of~~	24994
~~financial institutions pursuant to section 1321.20 of the Revised~~	24995
~~Code~~, and any additional fee required by the nationwide mortgage	24996
licensing system and registry, the division shall investigate the	24997
relevant facts. If the application involves investigation outside	24998
this state, the applicant may be required by the division to	24999
advance sufficient funds to pay any of the actual expenses of such	25000
investigation, when it appears that these expenses will exceed two	25001
hundred dollars. An itemized statement of any of these expenses	25002
which the applicant is required to pay shall be furnished to the	25003
applicant by the division. No certificate shall be issued unless	25004
all the required fees have been submitted to the division~~, and no~~	25005
~~registration fee or investigation fee will be returned after a~~	25006
~~certificate has been issued~~.	25007

(3) All applicants making loans secured by an interest in	25008
real estate shall designate an employee or owner of the applicant	25009
as the applicant's primary point of contact. While acting as the	25010
primary point of contact, the employee or owner shall not be	25011
employed by any other registrant or mortgage broker.	25012

(4) The investigation undertaken upon application shall	25013
include both a civil and criminal records check of the applicant	25014
including any individual whose identity is required to be	25015
disclosed in the application. Where the applicant is a business	25016
entity the superintendent shall have the authority to require a	25017
civil and criminal background check of those persons that in the	25018
determination of the superintendent have the authority to direct	25019
and control the operations of the applicant.	25020

(5)(a) Notwithstanding division (K) of section 121.08 of the	25021
Revised Code, the superintendent of financial institutions shall	25022
obtain a criminal history records check and, as part of that	25023
records check, request that criminal record information from the	25024
federal bureau of investigation be obtained. To fulfill this	25025
requirement, the superintendent shall do either of the following:	25026

(i) Request the superintendent of the bureau of criminal	25027
identification and investigation, or a vendor approved by the	25028
bureau, to conduct a criminal records check based on the	25029
applicant's fingerprints or, if the fingerprints are unreadable,	25030
based on the applicant's social security number, in accordance	25031
with division (A)(12) of section 109.572 of the Revised Code;	25032

(ii) Authorize the nationwide mortgage licensing system and	25033
registry to request a criminal history background check as set	25034
forth in division (C) of section 1321.531 of the Revised Code.	25035

(b) Any fee required under division (C)(3) of section 109.572	25036
of the Revised Code or by the nationwide mortgage licensing system	25037
and registry shall be paid by the applicant.	25038

(6) If an application for a certificate of registration does	25039
not contain all of the information required under division (A)~~(1)~~	25040
of this section, and if such information is not submitted to the	25041
division within ninety days after the ~~application is filed~~	25042
superintendent requests the information in writing, the	25043
superintendent may consider the application withdrawn ~~and may~~	25044
~~retain the investigation fee~~.	25045

~~(4)~~(7) If the division finds that the financial	25046
responsibility, experience, character, and general fitness of the	25047
applicant ~~are such as to~~ command the confidence of the public and	25048
to warrant the belief that the business will be operated honestly	25049
and fairly in compliance with ~~and within~~ the purposes of sections	25050
1321.51 to 1321.60 of the Revised Code and the rules adopted	25051
thereunder, and that the applicant has the requisite bond or	25052
applicable net worth and assets required by division (B) of this	25053
section, the division shall thereupon issue a certificate of	25054
registration to the applicant. The ~~certificate~~superintendent	25055
shall not use a credit score as the sole basis for a registration	25056
denial.	25057

(a)(i) Certificates of registration issued on or after July	25058
1, 2010, shall annually expire on the ~~first~~thirty-first day of	25059
~~July next after its issue, and on the first day of July in each~~	25060
~~succeeding year~~December, unless renewed by the filing of a	25061
renewal application and payment of ana three hundred dollar	25062
nonrefundable annual registration fee, ~~and~~ any assessment, as	25063
determined by the superintendent pursuant to division	25064
(A)(7)(a)(ii) of this section ~~1321.20 of the Revised Code~~, and any	25065
additional fee required by the nationwide mortgage licensing	25066
system and registry, on or before the last day of ~~June~~December	25067
of each year. No other fee or assessment shall be required of a	25068
registrant by the state or any political subdivision of ~~the~~this	25069
state.	25070

(ii) If the renewal fees billed by the superintendent	25071
pursuant to division (A)(7)(a)(i) of this section are less than	25072
the estimated expenditures of the consumer finance section of the	25073
division of financial institutions, as determined by the	25074
superintendent, for the following fiscal year, the superintendent	25075
may assess each registrant at a rate sufficient to equal in the	25076
aggregate the difference between the renewal fees billed and the	25077
estimated expenditures. Each registrant shall pay the assessed	25078
amount to the superintendent prior to the last day of June. In no	25079
case shall the assessment exceed ten cents per each one hundred	25080
dollars of interest (excluding charge-off recoveries), points,	25081
loan origination charges, and credit line charges collected by	25082
that registrant during the previous calendar year. If such an	25083
assessment is imposed, it shall not be less than two hundred fifty	25084
dollars per registrant and shall not exceed thirty thousand	25085
dollars less the total renewal fees paid pursuant to division	25086
(A)(7)(a)(i) of this section by each registrant.	25087

(b) Registrants shall timely file renewal applications on	25088
forms prescribed by the division and provide any further	25089
information that the division may require. If a renewal	25090
application does not contain all of the information required under	25091
this section, and if that information is not submitted to the	25092
division within ninety days after the superintendent requests the	25093
information in writing, the superintendent may consider the	25094
application withdrawn.	25095

(c) Renewal shall not be granted if the applicant's	25096
certificate of registration is subject to an order of suspension,	25097
revocation, or an unpaid and past due fine imposed by the	25098
superintendent.	25099

(d) If the division ~~does not so find~~finds the applicant does	25100
not meet the conditions set forth in this section, it shall ~~enter~~	25101
~~an order denying~~issue a notice of intent to deny the application,	25102
and forthwith notify the applicant of the denial, the grounds for	25103
the denial, and the applicant's reasonable opportunity to be heard	25104
on the action in accordance with Chapter 119. of the Revised Code.	25105
~~In the event of denial, the division shall return the registration~~	25106
~~fee but retain the investigation fee.~~	25107

~~(5)~~(8) If there is a change of ~~ten~~five per cent or more in	25108
the ownership of a registrant, the division may make any	25109
investigation necessary to determine whether any fact or condition	25110
exists that, if it had existed at the time of the original	25111
application for a certificate of registration, the fact or	25112
condition would have warranted the division to deny the	25113
application under division (A)~~(4)~~(7) of this section. If such a	25114
fact or condition is found, the division may, in accordance with	25115
Chapter 119. of the Revised Code, revoke the registrant's	25116
certificate.	25117

(B) Each registrant that engages in lending under sections	25118
1321.51 to 1321.60 of the Revised Code shall, if not bonded	25119
pursuant to section 1321.533 of the Revised Code, maintain both of	25120
the following:	25121

(1) A net worth of at least fifty thousand dollars;

25122

(2) For each certificate of registration, assets of at least	25123
fifty thousand dollars either in use or readily available for use	25124
in the conduct of the business.	25125

(C) Not more than one place of business shall be maintained	25126
under the same certificate, but the division may issue additional	25127
certificates to the same registrant upon compliance with sections	25128
1321.51 to 1321.60 of the Revised Code, governing the issuance of	25129
a single certificate. No change in the place of business of a	25130
registrant to a location outside the original municipal	25131
corporation shall be permitted under the same certificate without	25132
the approval of a new application, the payment of the registration	25133
fee ~~as determined by the superintendent pursuant to section~~	25134
~~1321.20 of the Revised Code~~ and, if required by the	25135
superintendent, the payment of an investigation fee of two hundred	25136
dollars. When a registrant wishes to change its place of business	25137
within the same municipal corporation, it shall give written	25138
notice of the change in advance to the division, which shall	25139
provide a certificate for the new address without cost. If a	25140
registrant changes its name, prior to making loans under the new	25141
name it shall give written notice of the change to the division,	25142
which shall provide a certificate in the new name without cost.	25143
Sections 1321.51 to 1321.60 of the Revised Code do not limit the	25144
loans of any registrant to residents of the community in which the	25145
registrant's place of business is situated. Each certificate shall	25146
be kept conspicuously posted in the place of business of the	25147
registrant and is not transferable or assignable.	25148

(D) Sections 1321.51 to 1321.60 of the Revised Code do not	25149
apply to any of the following:	25150

(1) ~~Persons~~Entities chartered and lawfully doing business	25151
under the authority of any law of this state, another state, or	25152
the United States ~~relating to banks~~as a bank, savings ~~banks~~bank,	25153
trust ~~companies~~company, savings and loan ~~associations~~	25154
association, or credit ~~unions~~union, or a subsidiary of any such	25155
entity, which subsidiary is regulated by a federal banking agency	25156
and is owned and controlled by such a depository institution;	25157

(2) Life, property, or casualty insurance companies licensed	25158
to do business in this state;	25159

(3) Any person that is a lender making a loan pursuant to	25160
sections 1321.01 to 1321.19 of the Revised Code or a business loan	25161
as described in division (B)(6) of section 1343.01 of the Revised	25162
Code;	25163

(4) Any political subdivision, or any governmental ~~agency~~ or	25164
other public entity, corporation, instrumentality, or ~~any entity~~	25165
~~included under division (B)(3) of section 1343.01 of the Revised~~	25166
~~Code~~agency, in or of the United States or any state of the United	25167
States, or any entity described in division (B)(3) of section	25168
1343.01 of the Revised Code;	25169

(5) A college or university, or controlled entity of a	25170
college or university, as those terms are defined in section	25171
1713.05 of the Revised Code;	25172

(6) A credit union service organization, provided the	25173
organization utilizes services provided by registered mortgage	25174
loan originators or the organization complies with section	25175
1321.522 of the Revised Code and holds a valid letter of exemption	25176
issued by the superintendent.	25177

(E) No person engaged in the business of selling tangible	25178
goods or services related to tangible goods may receive or retain	25179
a certificate under sections 1321.51 to 1321.60 of the Revised	25180
Code for such place of business.	25181

Sec. 1321.531. (A) An application for a mortgage loan	25182
originator license shall be in writing, under oath, and in the	25183
form prescribed by the superintendent of financial institutions.	25184
The application shall be accompanied by a nonrefundable	25185
application fee of one hundred fifty dollars and all other	25186
required fees, including any fees required by the nationwide	25187
mortgage licensing system and registry.	25188

(B) The superintendent may establish relationships or enter	25189
into contracts with the nationwide mortgage licensing system and	25190
registry, or any entities designated by it, to collect and	25191
maintain records and process transaction fees or other fees	25192
related to mortgage loan originator licensees or other persons	25193
subject to or involved in their licensure.	25194

(C) In connection with applying for a mortgage loan	25195
originator license, the applicant shall furnish to the nationwide	25196
mortgage licensing system and registry the following information	25197
concerning the applicant's identity:	25198

(1) The applicant's fingerprints for submission to the	25199
federal bureau of investigation, and any other governmental agency	25200
or entity authorized to receive such information, for purposes of	25201
a state, national, and international criminal history background	25202
check;	25203

(2) Personal history and experience in a form prescribed by	25204
the nationwide mortgage licensing system and registry, along with	25205
authorization for the superintendent and the nationwide mortgage	25206
licensing system and registry to obtain the following:	25207

(a) An independent credit report from a consumer reporting	25208
agency;	25209

(b) Information related to any administrative, civil, or	25210
criminal findings by any governmental jurisdiction.	25211

(D) In order to effectuate the purposes of divisions (C)(1)	25212
and (C)(2)(b) of this section, the superintendent may use the	25213
conference of state bank supervisors, or a wholly owned	25214
subsidiary, as a channeling agent for requesting information from	25215
and distributing information to the United States department of	25216
justice or any other governmental agency. The superintendent may	25217
also use the nationwide mortgage licensing system and registry as	25218
a channeling agent for requesting information from and	25219
distributing information to any source related to matters subject	25220
to divisions (C)(2)(a) and (b) of this section.	25221

(E) Upon the filing of the application, payment of the	25222
application fee, and payment of any additional fee, including any	25223
fee required by the nationwide mortgage licensing system and	25224
registry, the superintendent shall investigate the applicant as	25225
set forth in division (E) of this section.	25226

(1)(a) Notwithstanding division (K) of section 121.08 of the	25227
Revised Code, the superintendent shall obtain a criminal history	25228
records check and, as part of that records check, request that	25229
criminal record information from the federal bureau of	25230
investigation be obtained. To fulfill this requirement, the	25231
superintendent shall do either of the following:	25232

(i) Request the superintendent of the bureau of criminal	25233
identification and investigation, or a vendor approved by the	25234
bureau, to conduct a criminal records check based on the	25235
applicant's fingerprints or, if the fingerprints are unreadable,	25236
based on the applicant's social security number in accordance with	25237
division (A)(12) of section 109.572 of the Revised Code;	25238

(ii) Authorize the nationwide mortgage licensing system and	25239
registry to request a criminal history background check as set	25240
forth in division (C) of this section.	25241

(b) Any fee required under division (C)(3) of section 109.572	25242
of the Revised Code or by the nationwide mortgage licensing system	25243
and registry shall be paid by the applicant.	25244

(2) The superintendent of financial institutions shall	25245
conduct a civil records check.	25246

(3) If, in order to issue a license to an applicant,	25247
additional investigation by the superintendent outside this state	25248
is necessary, the superintendent may require the applicant to	25249
advance sufficient funds to pay the actual expenses of the	25250
investigation, if it appears that these expenses will exceed one	25251
hundred dollars. The superintendent shall provide the applicant	25252
with an itemized statement of the actual expenses that the	25253
applicant is required to pay.	25254

(F) If an application for a mortgage loan originator license	25255
does not contain all of the information required under this	25256
section, and if that information is not submitted to the	25257
superintendent within ninety days after the superintendent	25258
requests the information in writing, the superintendent may	25259
consider the application withdrawn.	25260

Sec. 1321.532. (A) Upon the conclusion of the investigation	25261
required under division (E) of section 1321.531 of the Revised	25262
Code, the superintendent of financial institutions shall issue a	25263
mortgage loan originator license to the applicant if the	25264
superintendent finds that all of the following conditions are met:	25265

(1) The application is accompanied by the application fee and	25266
any additional fee required by the nationwide mortgage licensing	25267
system and registry.	25268

If a check or other draft instrument is returned to the	25269
superintendent for insufficient funds, the superintendent shall	25270
notify the licensee by certified mail, return receipt requested,	25271
that the license issued in reliance on the check or other draft	25272
instrument will be canceled unless the licensee, within thirty	25273
days after receipt of the notice, submits the application fee and	25274
a one-hundred-dollar penalty to the superintendent. If the	25275
licensee does not submit the application fee and penalty within	25276
that time period, or if any check or other draft instrument used	25277
to pay the fee or penalty is returned to the superintendent for	25278
insufficient funds, the license shall be canceled immediately	25279
without a hearing, and the licensee shall cease activity as a	25280
mortgage loan originator.	25281

(2) The applicant complies with sections 1321.51 to 1321.60	25282
of the Revised Code.	25283

(3) The applicant has not had a mortgage loan originator	25284
license, or comparable authority, revoked in any governmental	25285
jurisdiction.	25286

(4) The applicant has not been convicted of, or pleaded	25287
guilty to, any of the following in a domestic, foreign, or	25288
military court:	25289

(a) During the seven-year period immediately preceding the	25290
date of application for licensure, any felony or a misdemeanor	25291
involving theft;	25292

(b) At any time prior to the date of application for	25293
licensure, a felony involving an act of fraud, dishonesty, a	25294
breach of trust, theft, or money laundering.	25295

(5) Based on the totality of the circumstances and	25296
information submitted in the application, the applicant has proven	25297
to the division of financial institutions, by a preponderance of	25298
the evidence, that the applicant is of good business repute,	25299
appears qualified to act as a mortgage loan originator, and has	25300
fully complied with sections 1321.51 to 1321.60 of the Revised	25301
Code and rules adopted thereunder, and that the applicant meets	25302
all of the conditions for issuing a mortgage loan originator	25303
license.	25304

(6) The applicant successfully completed the written test	25305
required under section 1321.535 of the Revised Code and the	25306
education requirements set forth in section 1321.534 of the	25307
Revised Code.	25308

(7) The applicant is covered under a valid bond in compliance	25309
with section 1321.533 of the Revised Code.	25310

(8) The applicant's financial responsibility, character, and	25311
general fitness command the confidence of the public and warrant	25312
the belief that the mortgage loan originator will operate honestly	25313
and fairly in compliance with the purposes of sections 1321.51 to	25314
1321.60 of the Revised Code. The superintendent shall not use a	25315
credit score as the sole basis for a license denial.	25316

(B) The license issued under division (A) of this section may	25317
be renewed annually on or before the thirty-first day of December	25318
if the superintendent finds that all of the following conditions	25319
are met:	25320

(1) The renewal application is accompanied by a nonrefundable	25321
renewal fee of one hundred fifty dollars, and any additional fee	25322
required by the nationwide mortgage licensing system and registry.	25323
If a check or other draft instrument is returned to the	25324
superintendent for insufficient funds, the superintendent shall	25325
notify the licensee by certified mail, return receipt requested,	25326
that the license renewed in reliance on the check or other draft	25327
instrument will be canceled unless the licensee, within thirty	25328
days after receipt of the notice, submits the renewal fee and a	25329
one-hundred-dollar penalty to the superintendent. If the licensee	25330
does not submit the renewal fee and penalty within that time	25331
period, or if any check or other draft instrument used to pay the	25332
fee or penalty is returned to the superintendent for insufficient	25333
funds, the license shall be canceled immediately without a	25334
hearing, and the licensee shall cease activity as a mortgage loan	25335
originator.	25336

(2) The applicant has completed at least eight hours of	25337
continuing education as required under section 1321.536 of the	25338
Revised Code.	25339

(3) The applicant meets the conditions set forth in divisions	25340
(A)(2) to (8) of this section.	25341

(4) The applicant's license is not subject to an order of	25342
suspension or an unpaid and past due fine imposed by the	25343
superintendent.	25344

(C)(1) Subject to division (C)(2) of this section, if a	25345
license renewal application or fee, including any additional fee	25346
required by nationwide mortgage licensing system and registry, is	25347
received by the superintendent after the thirty-first day of	25348
December, the license shall not be considered renewed, and the	25349
applicant shall cease activity as a mortgage loan originator.	25350

(2) Division (C)(1) of this section shall not apply if the	25351
applicant, no later than the thirty-first day of January, submits	25352
the renewal application and fee, including any additional fee	25353
required by nationwide mortgage licensing system and registry, and	25354
a one-hundred-dollar penalty to the superintendent.	25355

(D) Mortgage loan originator licenses issued on or after July	25356
1, 2010, shall annually expire on the thirty-first day of	25357
December.	25358

(E) If a renewal application does not contain all of the	25359
information required under this section, and if that information	25360
is not submitted to the superintendent within ninety days after	25361
the superintendent requests the information in writing, the	25362
superintendent may consider the application withdrawn.	25363

Sec. 1321.533. (A)(1) A registrant engaged in residential	25364
mortgage loan activity shall not conduct business in this state,	25365
unless the registrant maintains the net worth and assets required	25366
under division (B) of section 1321.53 of the Revised Code or has	25367
obtained and maintains in effect at all times a corporate surety	25368
bond issued by a bonding company or insurance company authorized	25369
to do business in this state.	25370

(a) The bond shall be in favor of the superintendent of	25371
financial institutions.	25372

(b) The bond shall be in the penal sum of one-half per cent	25373
of the aggregate loan amount of residential mortgage loans	25374
originated in the immediately preceding calendar year, but not	25375
exceeding one hundred fifty thousand dollars. Under no	25376
circumstances, however, shall the bond be less than fifty thousand	25377
dollars and an additional penal sum of ten thousand dollars for	25378
each location, in excess of one, at which the registrant conducts	25379
business.	25380

(c) The term of the bond shall coincide with the term of	25381
registration.	25382

(d) A copy of the bond shall be filed with the	25383
superintendent.	25384

(e) The bond shall be for the exclusive benefit of any	25385
borrower injured by a violation by an employee, licensee, or	25386
registrant of any provision of sections 1321.51 to 1321.60 of the	25387
Revised Code or the rules adopted thereunder.	25388

(f) The aggregate liability of the corporate surety for any	25389
and all breaches of the conditions of the bond shall not exceed	25390
the penal sum of the bond.	25391

(2) An individual licensed as a mortgage loan originator and	25392
employed or associated with an exempt entity as set forth in	25393
division (D) of section 1321.53 of the Revised Code shall not	25394
conduct business in this state, unless either the licensee or the	25395
exempt entity on the licensee's behalf has obtained and maintains	25396
in effect at all times a corporate surety bond issued by a	25397
bonding company or insurance company authorized to do business in	25398
this state.	25399

(a) The bond shall be in favor of the superintendent.

25400

(b) The bond shall be in the penal sum of one-half per cent	25401
of the aggregate loan amount of residential mortgage loans	25402
originated in the immediately preceding calendar year, but not	25403
exceeding one hundred thousand dollars. Under no circumstances,	25404
however, shall the bond be less than fifty thousand dollars.	25405

(c) The term of the bond shall coincide with the term of	25406
licensure.	25407

(d) A copy of the bond shall be filed with the	25408
superintendent.	25409

(e) The bond shall be for the exclusive benefit of any	25410
borrower injured by a violation by the licensee of any provision	25411
of sections 1321.51 to 1321.60 of the Revised Code or the rules	25412
adopted thereunder.	25413

(f) The aggregate liability of the corporate surety for any	25414
and all breaches of the conditions of the bond shall not exceed	25415
the penal sum of the bond.	25416

(g) Licensees covered by a corporate surety bond obtained by	25417
a registrant or exempt entity they are employed by or associated	25418
with shall not be required to obtain an individual bond.	25419

(B)(1) The registrant or licensee shall give notice to the	25420
superintendent by certified mail of any action that is brought by	25421
a borrower against the licensee, registrant, or any mortgage loan	25422
originator of the registrant alleging injury by a violation of any	25423
provision of sections 1321.51 to 1321.60 of the Revised Code, and	25424
of any judgment that is entered against the licensee, registrant,	25425
or mortgage loan originator of the registrant by a borrower	25426
injured by a violation of any provision of sections 1321.51 to	25427
1321.60 of the Revised Code. The notice shall provide details	25428
sufficient to identify the action or judgment, and shall be filed	25429
with the superintendent within ten days after the commencement of	25430
the action or notice to the registrant or licensee of entry of a	25431
judgment. An exempt entity securing bonding for the licensees in	25432
their employ shall report those actions by a borrower in the same	25433
manner as is required of registrants.	25434

(2) A corporate surety, within ten days after it pays any	25435
claim or judgment, shall give notice to the superintendent by	25436
certified mail of the payment, with details sufficient to identify	25437
the person and the claim or judgment paid.	25438

(C) Whenever the penal sum of the corporate surety bond is	25439
reduced by one or more recoveries or payments, the registrant or	25440
separately bonded licensee shall furnish a new or additional bond	25441
under this section, so that the total or aggregate penal sum of	25442
the bond or bonds equals the sum required by this section, or	25443
shall furnish an endorsement executed by the corporate surety	25444
reinstating the bond to the required penal sum of it.	25445

(D) The liability of the corporate surety on the bond to the	25446
superintendent and to any borrower injured by a violation of any	25447
provision of sections 1321.51 to 1321.60 of the Revised Code shall	25448
not be affected in any way by any misrepresentation, breach of	25449
warranty, or failure to pay the premium, by any act or omission	25450
upon the part of the registrant or licensee, by the insolvency or	25451
bankruptcy of the registrant or licensee, or by the insolvency of	25452
the registrant's or licensee's estate. The liability for any act	25453
or omission that occurs during the term of the corporate surety	25454
bond shall be maintained and in effect for at least two years	25455
after the date on which the corporate surety bond is terminated or	25456
canceled.	25457

(E) The corporate surety bond shall not be canceled by the	25458
registrant, the licensee, or the corporate surety except upon	25459
notice to the superintendent by certified mail, return receipt	25460
requested. The cancellation shall not be effective prior to thirty	25461
days after the superintendent receives the notice.	25462

(F) No registrant or licensee shall fail to comply with this	25463
section. Any registrant or licensee that fails to comply with this	25464
section shall cease all mortgage lender or mortgage loan	25465
originator activity in this state until the registrant or licensee	25466
has complied with this section.	25467

Sec. 1321.534. (A) Mortgage loan originator applicants shall	25468
submit evidence acceptable to the superintendent of financial	25469
institutions that, except as set forth in division (D) of this	25470
section, the applicant has successfully completed at least twenty	25471
hours of pre-licensing instruction in a course or program of	25472
study reviewed and approved by the nationwide mortgage licensing	25473
system and registry.	25474

(B) A person having successfully completed the pre-licensing	25475
education requirements reviewed and approved by the nationwide	25476
mortgage licensing system and registry for any state within the	25477
previous five years shall be granted credit toward completion of	25478
the pre-licensing education requirements of this state.	25479

(C) Review and approval of a pre-licensing education course	25480
shall include review and approval of the course provider.	25481

(D) Notwithstanding division (A) of this section, if the	25482
nationwide mortgage licensing system and registry fails to have in	25483
place an approval program to ensure that all pre-licensing	25484
education courses meet the criteria set forth in division (A) of	25485
this section, the superintendent shall require, until that	25486
program is in place, evidence that the applicant has successfully	25487
completed twenty hours of instruction in a course or program of	25488
study approved by the superintendent that consists of at least	25489
all of the following:	25490

(1) Four hours of instruction concerning state and federal	25491
mortgage lending laws, which shall include no less than two hours	25492
on this chapter;	25493

(2) Four hours of instruction concerning the Ohio consumer	25494
sales practices act, Chapter 1345. of the Revised Code, as it	25495
applies to registrants and licensees;	25496

(3) Four hours of instruction concerning the loan application	25497
and closing process;	25498

(4) Two hours of instruction concerning the underwriting	25499
process;	25500

(5) Two hours of instruction concerning the secondary market	25501
for mortgage loans;	25502

(6) Two hours of instruction covering basic mortgage	25503
financing concepts and terms;	25504

(7) Two hours of instruction concerning the ethical	25505
responsibilities of a licensee, including with respect to	25506
confidentiality, consumer counseling, and the duties and standards	25507
of care created in section 1321.593 of the Revised Code.	25508

Sec. 1321.535. (A) Each applicant for a mortgage loan	25509
originator license shall submit to a written test that is	25510
developed and approved by the nationwide mortgage licensing	25511
system and registry and administered by a test provider approved	25512
by the nationwide mortgage licensing system and registry based	25513
upon reasonable standards.	25514

(1) The test shall adequately measure the applicant's	25515
knowledge and comprehension in appropriate subject matters,	25516
including ethics and federal and state law related to mortgage	25517
origination, fraud, consumer protection, the nontraditional	25518
mortgage marketplace, and fair lending issues.	25519

(2) An individual shall not be considered to have passed the	25520
test unless the individual achieves a test score of at least	25521
seventy-five per cent correct answers on all questions.	25522

(3) An individual may retake the test three consecutive times	25523
provided the period between taking the tests is at least thirty	25524
days.	25525

(4) After failing three consecutive tests, an individual	25526
shall be required to wait at least six months before taking the	25527
test again.	25528

(5) If a mortgage loan originator fails to maintain a valid	25529
license for a period of five years or longer, the individual shall	25530
be required to retake the test. For this purpose, any time during	25531
which the individual is a registered mortgage loan originator	25532
shall not be taken into account.	25533

(B) Notwithstanding division (A) of this section, if the	25534
nationwide mortgage licensing system and registry fails to have in	25535
place a testing process that meets the criteria set forth in that	25536
division, the superintendent shall require, until that process is	25537
in place, evidence that the mortgage loan originator applicant	25538
passed a written test acceptable to the superintendent.	25539

Sec. 1321.536. (A) Each mortgage loan originator licensee	25540
shall complete at least eight hours of continuing education every	25541
calendar year. To fulfill this requirement, the eight hours of	25542
continuing education must be offered in a course or program of	25543
study that includes all of the following:	25544

(1) Three hours of applicable federal law and regulations;

25545

(2) Two hours of ethics, which shall include instruction on	25546
fraud, consumer protection, and fair lending issues;	25547

(3) Two hours of training related to lending standards for	25548
the nontraditional mortgage product marketplace.	25549

(B) Continuing education courses shall be reviewed and	25550
approved by the nationwide mortgage licensing system and registry	25551
based upon reasonable standards.	25552

(C) The following conditions shall apply to the continuing	25553
education required by this section:	25554

(1) An individual cannot take the same approved course in the	25555
same or successive years to meet the annual requirement for	25556
continuing education.	25557

(2) An individual can only receive credit for a continuing	25558
education course in the year in which the course is taken, unless	25559
the individual is making up a deficiency in continuing education	25560
as permitted by rule or order of the superintendent of financial	25561
institutions.	25562

(3) An individual who subsequently becomes unlicensed must	25563
complete the continuing education requirement for the last year in	25564
which the license was held prior to the issuance of a new or	25565
renewed license.	25566

(4) A licensee who is approved as an instructor of an	25567
approved continuing education course may receive credit for the	25568
licensee's own annual continuing education requirement at the	25569
rate of two credit hours for every one hour taught.	25570

(5) A person having successfully completed a continuing	25571
education course approved by the nationwide mortgage licensing	25572
system and registry for any state shall receive credit toward	25573
completion of the continuing education requirement of this state.	25574

(D) Notwithstanding division (B) of this section, until the	25575
nationwide mortgage licensing system and registry implements a	25576
review and approval process, the superintendent shall require	25577
evidence that the licensee has successfully completed at least	25578
eight hours of continuing education in a course or program of	25579
study approved by the superintendent.	25580

Sec. 1321.54. (A) The division of financial institutions may	25581
adopt, in accordance with Chapter 119. of the Revised Code, rules	25582
that are necessary for the enforcement or administration of	25583
sections 1321.51 to 1321.60 of the Revised Code and that are	25584
consistent with those sections~~. Each rule shall contain a~~	25585
~~reference to the section, division, or paragraph of the Revised~~	25586
~~Code to which it applies. The division shall send by regular mail~~	25587
~~to each registrant a copy of each rule that is adopted pursuant~~	25588
~~to this section~~and rules to carry out the purposes of those	25589
sections.	25590

(B)(1) The division ~~shall~~may, upon written notice to the	25591
registrant or licensee stating the contemplated action, the	25592
grounds for the action, and the registrant's or licensee's	25593
reasonable opportunity to be heard on the action in accordance	25594
with Chapter 119. of the Revised Code, revoke, suspend, or refuse	25595
to renew any certificate or license issued under sections 1321.51	25596
to 1321.60 of the Revised Code~~, or impose a monetary fine,~~ if it	25597
finds ~~that the registrant has continued to violate those sections,~~	25598
~~after receiving notice of the violation or violations from the~~	25599
~~division, or is in default in the payment of the annual assessment~~	25600
~~or certificate of registration fee prescribed in section 1321.20~~	25601
~~of the Revised Code. The~~any of the following:	25602

(a) A violation of or failure to comply with any provision of	25603
sections 1321.51 to 1321.60 of the Revised Code or the rules	25604
adopted thereunder, any federal lending law, or any other law	25605
applicable to the business conducted under a certificate of	25606
registration or license;	25607

(b) The person has been convicted of or pleaded guilty to any	25608
criminal felony offense in a domestic, foreign, or military court;	25609

(c) The person has been convicted of or pleaded guilty to any	25610
criminal offense involving theft, receiving stolen property,	25611
embezzlement, forgery, fraud, passing bad checks, money	25612
laundering, breach of trust, dishonesty, or drug trafficking, or	25613
any criminal offense involving money or securities, in a domestic,	25614
foreign, or military court;	25615

(d) The person's mortgage lender certificate of registration	25616
or mortgage loan originator license, or comparable authority, has	25617
been revoked in any governmental jurisdiction.	25618

(2) In addition to, or in lieu of, any revocation,	25619
suspension, or denial, the division may impose a monetary fine	25620
after administrative hearing or in settlement of matters subject	25621
to claims under division (B)(1)(a) of this section.	25622

(3) Subject to division (D)(3) of section 1321.52 of the	25623
Revised Code, the revocation, suspension, or refusal to renew	25624
shall not impair the obligation of any pre-existing lawful	25625
contract made under sections 1321.51 to 1321.60 of the Revised	25626
Code; provided, however, that a prior registrant shall make good	25627
faith efforts to promptly transfer the registrant's collection	25628
rights to another registrant or person exempt from registration,	25629
or be subject to additional monetary fines and legal or	25630
administrative action by the division. Nothing in division (B)(3)	25631
of this section shall limit a court's ability to impose a cease	25632
and desist order preventing any further business or servicing	25633
activity.	25634

(C)(1) The superintendent of financial institutions may	25635
impose a fine for a violation of sections 1321.51 to 1321.60 of	25636
the Revised Code or any rule adopted thereunder. All fines	25637
collected pursuant to this section shall be paid to the treasurer	25638
of state to the credit of the consumer finance fund created in	25639
section 1321.21 of the Revised Code. In determining the amount of	25640
a fine to be imposed pursuant to this section, the superintendent	25641
may consider all of the following to the extent it is known to	25642
the division of financial institutions:	25643

(a) The seriousness of the violation;

25644

(b) The registrant's or licensee's good faith efforts to	25645
prevent the violation;	25646

(c) The registrant's or licensee's history regarding	25647
violations and compliance with division orders;	25648

(d) The registrant's or licensee's financial resources;

25649

(e) Any other matters the superintendent considers	25650
appropriate in enforcing sections 1321.51 to 1321.60 of the	25651
Revised Code.	25652

(2) Monetary fines imposed under this division shall not	25653
exceed twenty-five thousand dollars and do not preclude any	25654
criminal fine imposed pursuant to section 1321.99 of the Revised	25655
Code.	25656

~~(C)~~(D) The superintendent ~~of financial institutions~~ may	25657
investigate alleged violations of sections 1321.51 to 1321.60 of	25658
the Revised Code, or the rules adopted thereunder, or complaints	25659
concerning any such violation. The superintendent may make	25660
application to the court of common pleas for an order enjoining	25661
any ~~such~~ violation and, upon a showing by the superintendent that	25662
a person has committed, or is about to commit, ~~such~~ a violation,	25663
the court shall grant an injunction, restraining order, or other	25664
appropriate relief. The superintendent, in making application to	25665
the court of common pleas for an order enjoining a person from	25666
acting as a registrant or mortgage loan originator in violation of	25667
division (A) or (E) of section 1321.52 of the Revised Code, may	25668
also seek and obtain civil penalties for that unregistered or	25669
unlicensed conduct in an amount not to exceed five thousand	25670
dollars per violation.	25671

~~(D)~~(E) In conducting an investigation pursuant to this	25672
section, the superintendent may compel, by subpoena, witnesses to	25673
testify in relation to any matter over which the superintendent	25674
has jurisdiction, and may require the production or photocopying	25675
of any book, record, or other document pertaining to such matter.	25676
If a person fails to file any statement or report, obey any	25677
subpoena, give testimony, produce any book, record, or other	25678
document as required by such a subpoena, or permit photocopying of	25679
any book, record, or other document subpoenaed, the court of	25680
common pleas of any county in this state, upon application made to	25681
it by the superintendent, shall compel obedience by attachment	25682
proceedings for contempt, as in the case of disobedience of the	25683
requirements of a subpoena issued from the court, or a refusal to	25684
testify therein.	25685

~~(E)~~(F) If the superintendent determines that a person is	25686
engaged in, or is believed to be engaged in, activities that may	25687
constitute a violation of sections 1321.51 to 1321.60 of the	25688
Revised Code or the rules adopted thereunder, the superintendent	25689
may, after notice and a hearing conducted in accordance with	25690
Chapter 119. of the Revised Code, issue a cease and desist order.	25691
The superintendent, in taking administrative action to enjoin a	25692
person from acting as a registrant or mortgage loan originator in	25693
violation of division (A) or (E) of section 1321.52 of the Revised	25694
Code, may also seek and impose fines for those violations in an	25695
amount not to exceed five thousand dollars per violation. Such an	25696
order shall be enforceable in the court of common pleas.	25697

(G) The superintendent shall regularly report violations of	25698
sections 1321.51 to 1321.60 of the Revised Code, as well as	25699
enforcement actions and other relevant information, to the	25700
nationwide mortgage licensing system and registry pursuant to	25701
division (E) of section 1321.55 of the Revised Code.	25702

(H)(1) To protect the public interest, the superintendent	25703
may, without a prior hearing, do any of the following:	25704

(a) Suspend the certificate of registration or license of a	25705
person who is convicted of or pleads guilty to a criminal	25706
violation of sections 1321.51 to 1321.60 of the Revised Code or	25707
any criminal offense described in division (B)(1)(b) or (c) of	25708
this section;	25709

(b) Suspend the certificate of registration or license of a	25710
person who violates division (F) of section 1321.533 of the	25711
Revised Code;	25712

(c) Suspend the certificate of registration or license of a	25713
person who fails to comply with a request made by the	25714
superintendent under this section or section 1321.55 of the	25715
Revised Code to inspect qualifying education transcripts located	25716
at the registrant's or licensee's place of business.	25717

(2) The superintendent may, in accordance with Chapter 119.	25718
of the Revised Code, subsequently revoke any registration or	25719
license suspended under division (H)(1) of this section.	25720

(3) The superintendent shall, in accordance with Chapter 119.	25721
of the Revised Code, adopt rules establishing the maximum amount	25722
of time a suspension under division (H)(1) of this section may	25723
continue before a hearing is conducted.	25724

Sec. 1321.55. (A) Every registrant shall keep records	25725
pertaining to loans made under sections 1321.51 to 1321.60 of the	25726
Revised Code. Such records shall be segregated from records	25727
pertaining to transactions that are not subject to these sections	25728
of the Revised Code. Every registrant shall preserve records	25729
pertaining to loans made under sections 1321.51 to 1321.60 of the	25730
Revised Code for at least two years after making the final entry	25731
on such records. Accounting systems maintained in whole or in	25732
part by mechanical or electronic data processing methods that	25733
provide information equivalent to that otherwise required are	25734
acceptable for this purpose. At least once each eighteen-month	25735
cycle, the division of financial institutions shall make or cause	25736
to be made an examination of records pertaining to loans made	25737
under sections 1321.51 to 1321.60 of the Revised Code, for the	25738
purpose of determining whether the registrant is complying with	25739
these sections and of verifying the registrant's annual report.	25740

(B)(1) As required by the superintendent of financial	25741
institutions, each registrant shall file with the division each	25742
year a report under oath or affirmation, on forms supplied by the	25743
division, concerning the business and operations for the preceding	25744
calendar year. Whenever a registrant operates two or more	25745
registered offices or whenever two or more affiliated registrants	25746
operate registered offices, then a composite report of the group	25747
of registered offices may be filed in lieu of individual reports.	25748

(2) The division shall publish annually an analysis of the	25749
information required under division (B)(1) of this section, but	25750
the individual reports shall not be public records and shall not	25751
be open to public inspection.	25752

(3) Each licensee shall submit to the nationwide mortgage	25753
licensing system and registry call reports or other reports of	25754
condition, which shall be in such form and shall contain such	25755
information as the nationwide mortgage licensing system and	25756
registry may require.	25757

(C) ~~All information obtained by the superintendent or the~~	25758
~~superintendent's deputies, examiners, assistants, agents, or~~	25759
~~clerks by reason of their official position, including information~~	25760
~~obtained by such persons from the annual report of a registrant or~~	25761
~~in the course of examining a registrant or investigating an~~	25762
~~applicant for a certificate, is privileged and confidential. All~~	25763
~~such information shall remain privileged and confidential for all~~	25764
~~purposes except when it is necessary for the superintendent and~~	25765
~~the superintendent's deputies, examiners, assistants, agents, or~~	25766
~~clerks to take official action regarding the affairs of the~~	25767
~~registrant or in connection with criminal proceedings. Such~~	25768
~~information may also be introduced into evidence or disclosed when~~	25769
~~and in the manner authorized in section 1181.25 of the Revised~~	25770
~~Code.~~	25771

~~(D) No person is in violation of sections 1321.51 to 1321.60~~	25772
~~of the Revised Code for any act taken or omission made in reliance~~	25773
~~on a written notice, interpretation, or examination report from~~	25774
~~the superintendent.~~	25775

~~(E) This section does not prevent the division from releasing~~	25776
~~to or exchanging with other financial institution regulatory~~	25777
~~authorities information relating to registrants.~~	25778

~~(F) For purposes of this section, "financial institution~~	25779
~~regulatory authority" includes a regulator of a business activity~~	25780
~~in which a registrant is engaged, or has applied to engage in, to~~	25781
~~the extent that the regulator has jurisdiction over a registrant~~	25782
~~engaged in that business activity. A registrant is engaged in a~~	25783
~~business activity, and a regulator of that business activity has~~	25784
~~jurisdiction over the registrant, whether the registrant conducts~~	25785
~~the activity directly or a subsidiary or affiliate of the~~	25786
~~registrant conducts the activity~~(1) The following information is	25787
confidential:	25788

(a) Examination information, and any information leading to	25789
or arising from an examination;	25790

(b) Investigation information, and any information arising	25791
from or leading to an investigation.	25792

(2) The information described in division (C)(1) of this	25793
section shall remain confidential for all purposes except when it	25794
is necessary for the superintendent to take official action	25795
regarding the affairs of a registrant or licensee, or in	25796
connection with criminal or civil proceedings to be initiated by a	25797
prosecuting attorney or the attorney general. This information may	25798
also be introduced into evidence or disclosed when and in the	25799
manner authorized by section 1181.25 of the Revised Code.	25800

(D) All application information, except social security	25801
numbers, employer identification numbers, financial account	25802
numbers, the identity of the institution where financial accounts	25803
are maintained, personal financial information, fingerprint cards	25804
and the information contained on such cards, and criminal	25805
background information, is a public record as defined in section	25806
149.43 of the Revised Code.	25807

(E) This section does not prevent the division of financial	25808
institutions from releasing to or exchanging with other financial	25809
institution regulatory authorities information relating to	25810
registrants and licensees. For this purpose, a "financial	25811
institution regulatory authority" includes a regulator of a	25812
business activity in which a registrant or licensee is engaged, or	25813
has applied to engage in, to the extent that the regulator has	25814
jurisdiction over a registrant or licensee engaged in that	25815
business activity. A registrant or licensee is engaged in a	25816
business activity, and a regulator of that business activity has	25817
jurisdiction over the registrant or licensee, whether the	25818
registrant or licensee conducts the activity directly or a	25819
subsidiary or affiliate of the registrant or licensee conducts the	25820
activity.	25821

(1) Any confidentiality or privilege arising under federal or	25822
state law with respect to any information or material provided to	25823
the nationwide mortgage licensing system and registry shall	25824
continue to apply to the information or material after the	25825
information or material has been provided to the nationwide	25826
mortgage licensing system and registry. The information and	25827
material so provided may be shared with all state and federal	25828
regulatory officials with mortgage industry oversight authority	25829
without the loss of confidentiality or privilege protections	25830
provided by federal law or the law of any state. Information or	25831
material described in division (E)(1) of this section to which	25832
confidentiality or privilege applies shall not be subject to any	25833
of the following:	25834

(a) Disclosure under any federal or state law governing	25835
disclosure to the public of information held by an officer or an	25836
agency of the federal government or of the respective state;	25837

(b) Subpoena or discovery, or admission into evidence, in any	25838
private civil action or administrative process, unless the person	25839
to whom such information or material pertains waives, in whole or	25840
in part and at the discretion of the person, any privilege held by	25841
the nationwide mortgage licensing system and registry with respect	25842
to that information or material.	25843

(2) The superintendent, in order to promote more effective	25844
regulation and reduce regulatory burden through supervisory	25845
information sharing, may enter into sharing arrangements with	25846
other governmental agencies, the conference of state bank	25847
supervisors, and the American association of residential mortgage	25848
regulators.	25849

(3) Any state law, including section 149.43 of the Revised	25850
Code, relating to the disclosure of confidential supervisory	25851
information or any information or material described in division	25852
(C)(1) or (E)(1) of this section that is inconsistent with this	25853
section shall be superseded by the requirements of this section.	25854

(F) This section shall not apply with respect to information	25855
or material relating to the employment history of, and publicly	25856
adjudicated disciplinary and enforcement actions against, mortgage	25857
loan originators that is included in the nationwide mortgage	25858
licensing system and registry for access by the public.	25859

(G) This section does not prevent the division from releasing	25860
information relating to registrants and licensees to the attorney	25861
general, to the superintendent of real estate and professional	25862
licensing for purposes relating to the administration of Chapters	25863
4735. and 4763. of the Revised Code, to the superintendent of	25864
insurance for purposes relating to the administration of Chapter	25865
3953. of the Revised Code, to the commissioner of securities for	25866
purposes relating to the administration of Chapter 1707. of the	25867
Revised Code, or to local law enforcement agencies and local	25868
prosecutors. Information the division releases pursuant to this	25869
section remains confidential.	25870

(H) The superintendent of financial institutions shall, by	25871
rule adopted in accordance with Chapter 119. of the Revised Code,	25872
establish a process by which mortgage loan originators may	25873
challenge information provided to the nationwide mortgage	25874
licensing system and registry by the superintendent.	25875

(I) No person, in connection with any examination or	25876
investigation conducted by the superintendent under sections	25877
1321.51 to 1321.60 of the Revised Code, shall knowingly do any of	25878
the following:	25879

(1) Circumvent, interfere with, obstruct, or fail to	25880
cooperate, including making a false or misleading statement,	25881
failing to produce records, or intimidating or suborning any	25882
witness;	25883

(2) Withhold, abstract, remove, mutilate, destroy, or secrete	25884
any books, records, computer records, or other information;	25885

(3) Tamper with, alter, or manufacture any evidence.

25886

Sec. 1321.551. (A) No registrant shall conduct the business	25887
of making loans under sections 1321.51 to 1321.60 of the Revised	25888
Code in any office, room, or place of business in which any other	25889
business is solicited or engaged in, or in association or	25890
conjunction with any other such business, if the superintendent of	25891
financial institutions finds, pursuant to a hearing conducted in	25892
accordance with Chapter 119. of the Revised Code, that the other	25893
business is of such a nature that the conduct tends to conceal	25894
evasion of sections 1321.51 to 1321.60 of the Revised Code or of	25895
the rules adopted under those sections, and orders the registrant	25896
in writing to desist from the conduct.	25897

(B) The business of a mortgage loan originator shall	25898
principally be transacted at an office of the registrant with whom	25899
the licensee is employed or associated, which office is	25900
registered, if applicable, in accordance with division (A)(1) of	25901
section 1321.52 of the Revised Code. Each original mortgage loan	25902
originator license shall be deposited with and maintained at the	25903
registrant's main office. A copy of the mortgage loan originator	25904
license shall be maintained and displayed at the office where the	25905
mortgage loan originator principally transacts business.	25906

(C) If a mortgage loan originator's employment or association	25907
is terminated for any reason, the registrant shall return the	25908
original mortgage loan originator license to the superintendent	25909
within five business days after the termination. The licensee may	25910
request the transfer of the license to another registrant by	25911
submitting a transfer application, along with a fifteen dollar fee	25912
and any fee required by the national mortgage licensing system and	25913
registry, to the superintendent, or may request in writing that	25914
the superintendent hold the license in escrow. A licensee whose	25915
license is held in escrow shall cease activity as a mortgage loan	25916
originator. A licensee whose license is held in escrow shall be	25917
required to apply for renewal annually and to comply with the	25918
annual continuing education requirement.	25919

(D) A registrant may employ or be associated with a mortgage	25920
loan originator on a temporary basis pending the transfer of the	25921
mortgage loan originator's license to the registrant, if the	25922
registrant receives written confirmation from the superintendent	25923
that the mortgage loan originator is licensed under sections	25924
1321.51 to 1321.60 of the Revised Code.	25925

(E) Notwithstanding divisions (B), (C), and (D) of this	25926
section, if a mortgage loan originator is employed by or	25927
associated with a person claiming an exemption under division (D)	25928
of section 1321.53 of the Revised Code, the mortgage loan	25929
originator shall maintain and display the original mortgage loan	25930
originator license at the office where the mortgage loan	25931
originator principally transacts business.	25932

If the mortgage loan originator's employment or association	25933
is terminated for any reason, the licensee shall return the	25934
original mortgage loan originator license to the superintendent	25935
within five business days after the termination. The licensee may	25936
request the transfer of the license to a mortgage broker or other	25937
person claiming an exemption under division (D) of section 1321.53	25938
of the Revised Code by submitting a transfer application, along	25939
with a fifteen dollar fee and any fee required by the national	25940
mortgage licensing system and registry, to the superintendent, or	25941
may request the superintendent in writing to hold the license in	25942
escrow. A licensee whose license is held in escrow shall cease	25943
activity as a mortgage loan originator. A licensee whose license	25944
is held in escrow shall be required to apply for renewal annually	25945
and to comply with the annual continuing education requirement.	25946

The licensee may seek to be employed or associated with a	25947
mortgage broker or other person claiming an exemption under	25948
division (D) of section 1321.53 of the Revised Code if the	25949
mortgage broker or person receives written confirmation from the	25950
superintendent that the mortgage loan originator is licensed under	25951
sections 1321.51 to 1321.60 of the Revised Code.	25952

(F) No registrant, through its managers or otherwise, shall	25953
fail to do either of the following:	25954

(1) Reasonably supervise mortgage loan originators or other	25955
persons employed by or associated with the registrant;	25956

(2) Establish reasonable procedures designed to avoid	25957
violations of sections 1321.51 to 1321.60 of the Revised Code or	25958
rules adopted thereunder, or violations of applicable state and	25959
federal consumer and lending laws or rules, by mortgage loan	25960
originators or other persons employed by or associated with the	25961
registrant.	25962

(G) A license, or the authority granted under that license,	25963
is not assignable and cannot be franchised by contract or any	25964
other means.	25965

Sec. 1321.552. (A) Notwithstanding any provision of sections	25966
1321.51 to 1321.60 of the Revised Code, or any rule adopted	25967
thereunder, if the "Secure and Fair Enforcement for Mortgage	25968
Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101, as	25969
amended, is modified after the effective date of this section, or	25970
any regulation, statement, or position is adopted under that act,	25971
and the item modified or adopted affects any matter within the	25972
scope of sections 1321.51 to 1321.60 of the Revised Code, the	25973
superintendent of financial institutions may by rule adopt a	25974
similar provision.	25975

(B) The superintendent shall adopt the rules authorized by	25976
this section in accordance with section 111.15 of the Revised	25977
Code. Chapter 119. of the Revised Code does not apply to rules	25978
adopted under the authority of this section.	25979

(C) A rule adopted by the superintendent under the authority	25980
of this section is effective on the later of the following dates:	25981

(1) The date the superintendent issues the rule;

25982

(2) The date the regulation, rule, interpretation, procedure,	25983
or guideline the superintendent's rule is based on becomes	25984
effective.	25985

(D) The superintendent may, upon thirty days' written notice,	25986
revoke any rule adopted under the authority of this section. A	25987
rule adopted under the authority of this section, and not revoked	25988
by the superintendent, lapses and has no further force and effect	25989
eighteen months after the rule's effective date.	25990

Sec. 1321.57. (A) Notwithstanding any other provisions of	25991
the Revised Code, a registrant may contract for and receive	25992
interest, calculated according to the actuarial method, at a rate	25993
or rates not exceeding twenty-one per cent per year on the unpaid	25994
principal balances of the loan. Loans may be interest-bearing or	25995
precomputed.	25996

(B) For purposes of computation of time on interest-bearing	25997
and precomputed loans, including, but not limited to, the	25998
calculation of interest, a month is considered one-twelfth of a	25999
year, and a day is considered one three hundred sixty-fifth of a	26000
year when calculation is made for a fraction of a month. A year is	26001
as defined in section 1.44 of the Revised Code. A month is that	26002
period described in section 1.45 of the Revised Code.	26003
Alternatively, a registrant may consider a day as one three	26004
hundred sixtieth of a year and each month as having thirty days.	26005

26006

(1)(a) Interest shall be computed on unpaid principal	26007
balances outstanding from time to time, for the time outstanding.	26008

(b) As an alternative to the method of computing interest set	26009
forth in division (C)(1)(a) of this section, a registrant may	26010
charge and collect interest for the first installment period based	26011
on elapsed time from the date of the loan to the first scheduled	26012
payment due date, and for each succeeding installment period from	26013
the scheduled payment due date to the next scheduled payment due	26014
date, regardless of the date or dates the payments are actually	26015
made.	26016

(c) Whether a registrant computes interest pursuant to	26017
division (C)(1)(a) or (b) of this section, each payment shall be	26018
applied first to unpaid charges, then to interest, and the	26019
remainder to the unpaid principal balance. However, if the amount	26020
of the payment is insufficient to pay the accumulated interest,	26021
the unpaid interest continues to accumulate to be paid from the	26022
proceeds of subsequent payments and is not added to the principal	26023
balance.	26024

(2) Interest shall not be compounded, collected, or paid in	26025
advance. However, both of the following apply:	26026

(a) Interest may be charged to extend the first monthly	26027
installment period by not more than fifteen days, and the interest	26028
charged for the extension may be added to the principal amount of	26029
the loan.	26030

(b) If part or all of the consideration for a new loan	26031
contract is the unpaid principal balance of a prior loan, the	26032
principal amount payable under the new loan contract may include	26033
any unpaid interest that has accrued. The resulting loan contract	26034
shall be deemed a new and separate loan transaction for purposes	26035
of this section. The unpaid principal balance of a precomputed	26036
loan is the balance due after refund or credit of unearned	26037
interest as provided in division (D)(3) of this section.	26038

(D) With respect to precomputed loans:

26039

(1) Loans shall be repayable in monthly installments of	26040
principal and interest combined, except that the first installment	26041
period may exceed one month by not more than fifteen days, and the	26042
first installment payment amount may be larger than the remaining	26043
payments by the amount of interest charged for the extra days; and	26044
provided further that monthly installment payment dates may be	26045
omitted to accommodate borrowers with seasonal income.	26046

(2) Payments may be applied to the combined total of	26047
principal and precomputed interest until maturity of the loan. A	26048
registrant may charge interest after the original or deferred	26049
maturity of a precomputed loan at the rate specified in division	26050
(A) of this section on all unpaid principal balances for the time	26051
outstanding.	26052

(3) When any loan contract is paid in full by cash, renewal,	26053
refinancing, or a new loan, one month or more before the final	26054
installment due date, the registrant shall refund, or credit the	26055
borrower with, the total of the applicable charges for all fully	26056
unexpired installment periods, as originally scheduled or as	26057
deferred, that follow the day of prepayment. If the prepayment is	26058
made other than on a scheduled installment due date, the nearest	26059
scheduled installment due date shall be used in such computation.	26060
If the prepayment occurs prior to the first installment due date,	26061
the registrant may retain one-thirtieth of the applicable charge	26062
for a first installment period of one month for each day from date	26063
of loan to date of prepayment, and shall refund, or credit the	26064
borrower with, the balance of the total interest contracted for.	26065
If the maturity of the loan is accelerated for any reason and	26066
judgment is entered, the registrant shall credit the borrower with	26067
the same refund as if prepayment in full had been made on the date	26068
the judgment is entered.	26069

(4) If the parties agree in writing, either in the loan	26070
contract or in a subsequent agreement, to a deferment of wholly	26071
unpaid installments, a registrant may grant a deferment and may	26072
collect a deferment charge as provided in this section. A	26073
deferment postpones the scheduled due date of the earliest unpaid	26074
installment and all subsequent installments as originally	26075
scheduled, or as previously deferred, for a period equal to the	26076
deferment period. The deferment period is that period during which	26077
no installment is scheduled to be paid by reason of the deferment.	26078
The deferment charge for a one-month period may not exceed the	26079
applicable charge for the installment period immediately following	26080
the due date of the last undeferred installment. A proportionate	26081
charge may be made for deferment for periods of more or less than	26082
one month. A deferment charge is earned pro rata during the	26083
deferment period and is fully earned on the last day of the	26084
deferment period. If a loan is prepaid in full during a deferment	26085
period, the registrant shall make, or credit to the borrower, a	26086
refund of the unearned deferment charge in addition to any other	26087
refund or credit made for prepayment of the loan in full.	26088

(E) A registrant, at the request of the borrower, may obtain,	26089
on one or more borrowers, credit life insurance, credit accident	26090
and health insurance, and unemployment insurance. The premium or	26091
identifiable charge for the insurance may be included in the	26092
principal amount of the loan and may not exceed the premium rate	26093
filed by the insurer with the superintendent of insurance and not	26094
disapproved by the superintendent. If a registrant obtains the	26095
insurance at the request of the borrower, the borrower shall have	26096
the right to cancel the insurance for a period of twenty-five days	26097
after the loan is made. If the borrower chooses to cancel the	26098
insurance, the borrower shall give the registrant written notice	26099
of this choice and shall return all of the policies or	26100
certificates of insurance or notices of proposed insurance to the	26101
registrant during such period, and the full premium or	26102
identifiable charge for the insurance shall be refunded to the	26103
borrower by the registrant. If the borrower requests, in the	26104
notice to cancel the insurance, that this refund be applied to	26105
reduce the balance of a precomputed loan, the registrant shall	26106
credit the amount of the refund plus the amount of interest	26107
applicable to the refund to the loan balance.	26108

If the registrant obtains the insurance at the request of the	26109
borrower, the registrant shall not charge or collect interest on	26110
any insured amount that remains unpaid after the insured	26111
borrower's date of death.	26112

(F) A registrant may require the borrower to provide	26113
insurance or a loss payable endorsement covering reasonable risks	26114
of loss, damage, and destruction of property used as security for	26115
the loan and with the consent of the borrower such insurance may	26116
cover property other than that which is security for the loan. The	26117
amount and term of required property insurance shall be reasonable	26118
in relation to the amount and term of the loan contract and the	26119
type and value of the security, and the insurance shall be	26120
procured in accordance with the insurance laws of this state. The	26121
purchase of this insurance through the registrant or an agent or	26122
broker designated by the registrant shall not be a condition	26123
precedent to the granting of the loan. If the borrower purchases	26124
the insurance from or through the registrant or from another	26125
source, the premium may be included in the principal amount of the	26126
loan.	26127

(G) On loans secured by an interest in real estate, all of	26128
the following apply:	26129

(1) A registrant, if not prohibited by section 1343.011 of	26130
the Revised Code, may charge and receive up to two points, and a	26131
prepayment penalty not in excess of one per cent of the original	26132
principal amount of the loan. Points may be paid by the borrower	26133
at the time of the loan or may be included in the principal amount	26134
of the loan. On a refinancing, a registrant may not charge under	26135
division (G)(1) of this section either of the following:	26136

(a) Points on the portion of the principal amount that is	26137
applied to the unpaid principal amount of the refinanced loan, if	26138
the refinancing occurs within one year after the date of the	26139
refinanced loan on which points were charged;	26140

(b) A prepayment penalty.

26141

(2) As an alternative to the prepayment penalty described in	26142
division (G)(1) of this section, a registrant may contract for,	26143
charge, and receive the prepayment penalty described in division	26144
(G)(2) of this section for the prepayment of a loan prior to two	26145
years after the date the loan contract is executed. This	26146
prepayment penalty shall not exceed two per cent of the original	26147
principal amount of the loan if the loan is paid in full prior to	26148
one year after the date the loan contract is executed. The penalty	26149
shall not exceed one per cent of the original principal amount of	26150
the loan if the loan is paid in full at any time from one year,	26151
but prior to two years, after the date the loan contract is	26152
executed. A registrant shall not charge or receive a prepayment	26153
penalty under division (G)(2) of this section if any of the	26154
following applies:	26155

(a) The loan is a refinancing by the same registrant or a	26156
registrant to whom the loan has been assigned;	26157

(b) The loan is paid in full as a result of the sale of the	26158
real estate that secures the loan;	26159

(c) The loan is paid in full with the proceeds of an	26160
insurance claim against an insurance policy that insures the life	26161
of the borrower or an insurance policy that covers loss, damage,	26162
or destruction of the real estate that secures the loan.	26163

(3) Division (G) of this section is not a limitation on	26164
discount points or other charges for purposes of section 501(b)(4)	26165
of the "Depository Institutions Deregulation and Monetary Control	26166
Act of 1980," 94 Stat. 161, 12 U.S.C.A. 1735f-7 note.	26167

(H)(1) In addition to the interest and charges provided for	26168
by this section, no further or other amount, whether in the form	26169
of broker fees, placement fees, or any other fees whatsoever,	26170
shall be charged or received by the registrant, except costs and	26171
disbursements in connection with any suit to collect a loan or any	26172
lawful activity to realize on a security interest or mortgage	26173
after default, including reasonable attorney fees incurred by the	26174
registrant as a result of the suit or activity and to which the	26175
registrant becomes entitled by law, and except the following	26176
additional charges which may be included in the principal amount	26177
of the loan or collected at any time after the loan is made:	26178

(a) The amounts of fees authorized by law to record, file, or	26179
release security interests and mortgages on a loan;	26180

(b) With respect to a loan secured by an interest in real	26181
estate, the following closing costs, if they are bona fide,	26182
reasonable in amount, paid to third parties, and not for the	26183
purpose of circumvention or evasion of this section:	26184

(i) Fees or premiums for title examination, abstract of	26185
title, title insurance, surveys, title endorsements, title	26186
binders, title commitments, home inspections, or pest inspections;	26187
settlement or closing costs paid to unaffiliated third parties;	26188
courier fees; and any federally mandated flood plain	26189
certification fee;	26190

(ii) If not paid to the registrant, an employee of the	26191
registrant, or a person ~~related to~~affiliated with the registrant,	26192
fees for preparation of a mortgage, settlement statement, or other	26193
documents, fees for notarizing mortgages and other documents,	26194
appraisal fees, and fees for any federally mandated inspection of	26195
home improvement work financed by a second mortgage loan;	26196

26197

(2) Division (H)(1) of this section does not limit the rights	26198
of registrants to engage in other transactions with borrowers,	26199
provided the transactions are not a condition of the loan.	26200

(I) If the loan contract or security instrument contains	26201
covenants by the borrower to perform certain duties pertaining to	26202
insuring or preserving security and the registrant pursuant to the	26203
loan contract or security instrument pays for performance of the	26204
duties on behalf of the borrower, the registrant may add the	26205
amounts paid to the unpaid principal balance of the loan or	26206
collect them separately. A charge for interest may be made for	26207
sums advanced not exceeding the rate of interest permitted by	26208
division (A) of this section. Within a reasonable time after	26209
advancing a sum, the registrant shall notify the borrower in	26210
writing of the amount advanced, any interest charged with respect	26211
to the amount advanced, any revised payment schedule, and shall	26212
include a brief description of the reason for the advance.	26213

(J)(1) In addition to points authorized under division (G) of	26214
this section, a registrant may charge and receive the following:	26215

(a) With respect to ~~secured~~ loans secured by goods or real	26216
estate: if the principal amount of the loan is ~~less than~~ five	26217
hundred dollars or less, loan origination charges not exceeding	26218
fifteen dollars; if the principal amount of the loan is ~~at least~~	26219
more than five hundred dollars but less than one thousand	26220
dollars, loan origination charges not exceeding thirty dollars;	26221
if the principal amount of the loan is at least one thousand	26222
dollars but less than two thousand dollars, loan origination	26223
charges not exceeding one hundred dollars; if the principal	26224
amount of the loan is at least two thousand dollars but less than	26225
five thousand dollars, loan origination charges not exceeding two	26226
hundred dollars; and if the principal amount of the loan is at	26227
least five thousand dollars, loan origination charges not	26228
exceeding the greater of two hundred fifty dollars or one per	26229
cent of the principal amount of the loan.	26230

(b) With respect to ~~unsecured~~ loans that are not secured by	26231
goods or real estate: if the principal amount of the loan is ~~less~~	26232
~~than~~ five hundred dollars or less, loan origination charges not	26233
exceeding fifteen dollars; if the principal amount of the loan is	26234
~~at least~~more than five hundred dollars but less than one	26235
thousand dollars, loan origination charges not exceeding thirty	26236
dollars; if the principal amount of the loan is at least one	26237
thousand dollars but less than five thousand dollars, loan	26238
origination charges not exceeding one hundred dollars; and if the	26239
principal amount of the loan is at least five thousand dollars,	26240
loan origination charges not exceeding the greater of two hundred	26241
fifty dollars or one per cent of the principal amount of the loan.	26242

(2) If a refinancing occurs within ninety days after the date	26243
of the refinanced loan, a registrant may not impose loan	26244
origination charges on the portion of the principal amount that is	26245
applied to the unpaid principal amount of the refinanced loan.	26246

(3) Loan origination charges may be paid by the borrower at	26247
the time of the loan or may be included in the principal amount of	26248
the loan.	26249

(K) A registrant may charge and receive check collection	26250
charges not greater than twenty dollars plus any amount passed on	26251
from other ~~financial~~depository institutions for each check,	26252
negotiable order of withdrawal, share draft, or other negotiable	26253
instrument returned or dishonored for any reason.	26254

(L) If the loan contract so provides, a registrant may	26255
collect a default charge on any installment not paid in full	26256
within ten days after its due date. For this purpose, all	26257
installments are considered paid in the order in which they become	26258
due. Any amounts applied to an outstanding loan balance as a	26259
result of voluntary release of a security interest, sale of	26260
security on the loan, or cancellation of insurance shall be	26261
considered payments on the loan, unless the parties otherwise	26262
agree in writing at the time the amounts are applied. The amount	26263
of the default charge shall not exceed the greater of five per	26264
cent of the scheduled installment or fifteen dollars.	26265

Sec. 1321.59. (A) No registrant under sections 1321.51 to	26266
1321.60 of the Revised Code shall permit any borrower to be	26267
indebted for a loan made under sections 1321.51 to 1321.60 of the	26268
Revised Code at any time while the borrower is also indebted to an	26269
affiliate or agent of the registrant for a loan made under	26270
sections 1321.01 to 1321.19 of the Revised Code for the purpose or	26271
with the result of obtaining greater charges than otherwise would	26272
be permitted by sections 1321.51 to 1321.60 of the Revised Code.	26273

(B) No registrant shall induce or permit any person to become	26274
obligated to the registrant under sections 1321.51 to 1321.60 of	26275
the Revised Code, directly or contingently, or both, under more	26276
than one contract of loan at the same time for the purpose or with	26277
the result of obtaining greater charges than would otherwise be	26278
permitted by sections 1321.51 to 1321.60 of the Revised Code.	26279

(C) No registrant shall refuse to provide information	26280
regarding the amount required to pay in full a loan under sections	26281
1321.51 to 1321.60 of the Revised Code when requested by the	26282
borrower or by another person designated in writing by the	26283
borrower.	26284

(D) On any loan or application for a loan under sections	26285
1321.51 to 1321.60 of the Revised Code secured by a mortgage on a	26286
borrower's real estate which is other than a first lien on the	26287
real estate, no person shall pay or receive, directly or	26288
indirectly, fees or any other type of compensation for services of	26289
a mortgage broker that, in the aggregate, exceed the lesser of one	26290
thousand dollars or one per cent of the principal amount of the	26291
loan.	26292

(E) No registrant or licensee shall obtain a certificate of	26293
registration or license through any false or fraudulent	26294
representation of a material fact or any omission of a material	26295
fact required by state or federal law, or make any substantial	26296
misrepresentation in the registration or license application, to	26297
engage in lending secured by real estate.	26298

(F) No registrant or licensee, in connection with the	26299
business of making or offering to make residential mortgage loans,	26300
shall knowingly make false or misleading statements of a material	26301
fact, omissions of statements required by state or federal law,	26302
or false promises regarding a material fact, through advertising	26303
or other means, or engage in a continued course of	26304
misrepresentations.	26305

(G) No registrant, licensee, or person making loans without a	26306
certificate of registration in violation of division (A) of	26307
section 1321.52 of the Revised Code, shall knowingly engage in	26308
conduct, in connection with the business of making or offering to	26309
make residential mortgage loans, that constitutes improper,	26310
fraudulent, or dishonest dealings.	26311

(H) No registrant, licensee, or applicant involved in the	26312
business of making or offering to make residential mortgage loans	26313
shall fail to notify the division of financial institutions	26314
within thirty days after knowing any of the following:	26315

(1) That the registrant, licensee, or applicant has been	26316
convicted of or pleaded guilty to a felony offense in a domestic,	26317
foreign, or military court;	26318

(2) That the registrant, licensee, or applicant has been	26319
convicted of or pleaded guilty to any criminal offense involving	26320
theft, receiving stolen property, embezzlement, forgery, fraud,	26321
passing bad checks, money laundering, breach of trust,	26322
dishonesty, or drug trafficking, or any criminal offense	26323
involving money or securities, in a domestic, foreign, or military	26324
court;	26325

(3) That the registrant, licensee, or applicant has had a	26326
mortgage lender registration or mortgage loan originator license,	26327
or comparable authority, revoked in any governmental	26328
jurisdiction.	26329

(I) No registrant or licensee shall knowingly make, propose,	26330
or solicit fraudulent, false, or misleading statements on any	26331
mortgage document or on any document related to a mortgage loan,	26332
including a mortgage application, real estate appraisal, or real	26333
estate settlement or closing document. For purposes of this	26334
division, "fraudulent, false, or misleading statements" does not	26335
include mathematical errors, inadvertent transposition of numbers,	26336
typographical errors, or any other bona fide error.	26337

(J) No registrant or licensee shall knowingly instruct,	26338
solicit, propose, or otherwise cause a borrower to sign in blank a	26339
loan related document in connection with a residential mortgage	26340
loan.	26341

(K) No registrant or licensee shall knowingly compensate,	26342
instruct, induce, coerce, or intimidate, or attempt to compensate,	26343
instruct, induce, coerce, or intimidate, a person licensed or	26344
certified as an appraiser under Chapter 4763. of the Revised Code	26345
for the purpose of corrupting or improperly influencing the	26346
independent judgment of the person with respect to the value of	26347
the dwelling offered as security for repayment of a mortgage loan.	26348

(L) No registrant or licensee shall willfully retain original	26349
documents provided to the registrant or licensee by the borrower	26350
in connection with the residential mortgage loan application,	26351
including income tax returns, account statements, or other	26352
financial related documents.	26353

(M) No registrant or licensee shall, in connection with	26354
making residential mortgage loans, receive, directly or	26355
indirectly, a premium on the fees charged for services performed	26356
by a bona fide third party.	26357

(N) No registrant or licensee shall, in connection with	26358
making residential mortgage loans, pay or receive, directly or	26359
indirectly, a referral fee or kickback of any kind to or from a	26360
bona fide third party or other party with a related interest in	26361
the transaction, including a home improvement builder, real estate	26362
developer, or real estate broker or agent, for the referral of	26363
business. Nothing in this division shall prevent remuneration to a	26364
registrant or licensee for the licensed sale of any insurance	26365
product that is permitted under section 1321.57 of the Revised	26366
Code, provided there is no additional fee or premium added to the	26367
cost for the insurance and paid directly or indirectly by the	26368
borrower.	26369

(O) No registrant, licensee, or person making loans without a	26370
certificate of registration in violation of division (A) of	26371
section 1321.52 of the Revised Code shall, in connection with	26372
making or offering to make residential mortgage loans, engage in	26373
any unfair, deceptive, or unconscionable act or practice	26374
prohibited under sections 1345.01 to 1345.13 of the Revised Code.	26375

Sec. 1321.591. No registrant or licensee shall fail to	26376
follow the practices set forth in the federal "Fair Debt	26377
Collection Practices Act," 91 Stat. 874, 15 U.S.C. 1692, as	26378
amended, notwithstanding the fact that the registrant or licensee	26379
is seeking to collect upon the registrant's own debt.	26380

Sec. 1321.592. (A) In connection with providing a	26381
non-brokered loan secured by a lien on real property, a registrant	26382
or licensee shall, not earlier than three business days nor later	26383
than twenty-four hours before the loan is closed, deliver to the	26384
borrower a written disclosure that includes the following:	26385

(1) A statement indicating whether property taxes or any	26386
insurance will be escrowed;	26387

(2) A description of what is covered by the regular monthly	26388
payment, including principal, interest, taxes, and insurance, as	26389
applicable.	26390

(B) If a residential mortgage loan applied for will exceed	26391
ninety per cent of the value of the real property, the registrant	26392
shall provide a statement to the borrower within three business	26393
days after taking the loan application, printed in boldface type	26394
of the minimum size of sixteen points, as follows: "You are	26395
applying for a loan that is more than 90% of your home's value. It	26396
will be hard for you to refinance this loan. If you sell your	26397
home, you might owe more money on the loan than you get from the	26398
sale."	26399

(C) No registrant or licensee shall fail to comply with this	26400
section.	26401

Sec. 1321.593. (A) A registrant, licensee, and any person	26402
required to be registered or licensed under sections 1321.51 to	26403
1321.60 of the Revised Code shall, in connection with the business	26404
of making or offering to make residential mortgage loans, do all	26405
of the following:	26406

(1) Safeguard and account for any money handled for the	26407
borrower;	26408

(2) Follow reasonable and lawful instructions from the	26409
borrower;	26410

(3) Act with reasonable skill, care, and diligence;

26411

(4) Act in good faith and with fair dealing in any	26412
transaction, practice, or course of business in connection with	26413
making or originating any residential mortgage loan under sections	26414
1321.51 to 1321.60 of the Revised Code.	26415

(B) Division (A) of this section shall not apply to wholesale	26416
lenders. However, wholesale lender registrants are subject to all	26417
other requirements applicable to registrants. For purposes of this	26418
division, "wholesale lender" means a company that has been issued	26419
a certificate of registration and that enters into transactions	26420
with borrowers exclusively through unaffiliated third-party	26421
mortgage brokers or lenders.	26422

(C) The duties and standards of care created in this section	26423
cannot be waived or modified.	26424

Sec. 1321.594. (A) In connection with making a non-brokered	26425
residential mortgage, no registrant or licensee shall fail to do	26426
either of the following:	26427

(1) Timely inform the borrower of any material change in the	26428
terms of the residential mortgage loan. For purposes of division	26429
(A) (1) of this section, "material change" means the following:	26430

(a) A change in the type of residential mortgage loan being	26431
offered, such as a fixed or variable rate loan or a loan with a	26432
balloon payment;	26433

(b) A change in the term of the loan, as reflected in the	26434
number of monthly payments due before a final payment is scheduled	26435
to be made;	26436

26437

(d) A change in the regular total monthly payment, including	26438
principal, interest, any required mortgage insurance, and any	26439
escrowed taxes or property insurance, of more than five per cent;	26440

(e) A change regarding whether the escrow of taxes or	26441
insurance will be required;	26442

(f) A change regarding whether private mortgage insurance	26443
will be required.	26444

(2) Timely inform the borrower if any fees payable by the	26445
borrower to the licensee, registrant, or lender increase by more	26446
than ten per cent or one hundred dollars, whichever is greater.	26447

(B) The disclosures required by this section shall be deemed	26448
timely if the registrant or licensee provides the borrower with	26449
the revised information not later than the time requirement	26450
imposed by 12 C.F.R. 226.19(a)(2) and (3), as those provisions of	26451
federal law exist on July 31, 2009.	26452

(C) If an increase in the total amount of the fee to be paid	26453
by the borrower to the registrant or licensee is not disclosed in	26454
accordance with division (A)(2) of this section, the registrant or	26455
licensee shall refund to the borrower the amount by which the fee	26456
was increased. If the fee is financed into the loan, the	26457
registrant or licensee shall also refund to the borrower the	26458
interest that would accrue over the term of the loan on that	26459
excess amount.	26460

Sec. 1321.60. (A)(1) Advertising for loans subject to	26461
sections 1321.51 to 1321.60 of the Revised Code shall not be	26462
false, misleading, or deceptive.	26463

(2) False, misleading, or deceptive advertising includes, but	26464
is not limited to, the following:	26465

(a) Placing, or causing to be placed, any advertisement	26466
indicating that special terms, reduced rates, guaranteed rates,	26467
particular rates, or any other special feature of mortgage loans	26468
is available unless the advertisement clearly states any	26469
limitations that apply;	26470

(b) Placing, or causing to be placed, any advertisement	26471
containing a rate or special fee offer that is not a bona fide	26472
available rate or fee.	26473

(B) In making any advertisement, a registrant shall comply	26474
with 12 C.F.R. 226.16, as amended.	26475

Sec. 1321.99. (A) Whoever violates section 1321.02 of the	26476
Revised Code is guilty of a felony of the fifth degree.	26477

(B) Whoever violates section 1321.13 of the Revised Code	26478
shall be fined not less than one hundred nor more than five	26479
hundred dollars or imprisoned not more than six months, or both.	26480

(C) Whoever violates section 1321.14 of the Revised Code	26481
shall be fined not less than fifty nor more than two hundred	26482
dollars for a first offense; for a second offense such person	26483
shall be fined not less than two hundred nor more than five	26484
hundred dollars and imprisoned for not more than six months.	26485

(D) Whoever willfully violates section 1321.57, 1321.58,	26486
division (A), (B), (C), or (D) of section 1321.59, 1321.591, or	26487
1321.60 of the Revised Code is guilty of a minor misdemeanor and	26488
shall be fined not less than one nor more than five hundred	26489
dollars.	26490

(E) Whoever violates section 1321.52 or division (I), (J),	26491
(K), (L), or (M) of section 1321.59 of the Revised Code is guilty	26492
of a felony of the fifth degree.	26493

(F) Whoever violates division (A) of section 1321.73 of the	26494
Revised Code shall be fined not more than five hundred dollars or	26495
imprisoned not more than six months, or both.	26496

(G) Whoever violates section 1321.41 of the Revised Code is	26497
guilty of a misdemeanor of the first degree.	26498

(H) Whoever violates division (N) of section 1321.59 of the	26499
Revised Code is guilty of a felony of the fourth degree.	26500

(I) The imposition of fines pursuant to this section does not	26501
preclude the imposition of any administrative fines or civil	26502
penalties authorized under section 1321.54 or any other section of	26503
the Revised Code.	26504

Sec. 1322.01. As used in sections 1322.01 to 1322.12 of the	26505
Revised Code:	26506

(A) "Buyer" means an individual who is solicited to purchase	26507
or who purchases the services of a mortgage broker for purposes	26508
~~other than~~of obtaining a ~~business~~residential mortgage loan as	26509
~~described in division (B)(6) of section 1343.01 of the Revised~~	26510
~~Code~~.	26511

(B) "Consumer reporting agency" has the same meaning as in	26512
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a,	26513
as amended.	26514

(C) "Employee" means an individual for whom a mortgage	26515
broker, in addition to providing a wage or salary, pays social	26516
security and unemployment taxes, provides workers' compensation	26517
coverage, and withholds local, state, and federal income taxes.	26518
"Employee" also includes any ~~shareholder, member, or partner of a~~	26519
~~registrant~~individual who acts as a loan ~~officer~~originator or	26520
operations manager of ~~the~~a registrant, but for whom the	26521
registrant is prevented by law from making income tax	26522
withholdings.	26523

(D) "Licensee" means any ~~person that~~individual who has been	26524
issued a loan ~~officer~~originator license under sections 1322.01 to	26525
1322.12 of the Revised Code.	26526

(E)(1) "Loan ~~officer~~originator" means an ~~employee~~individual	26527
who ~~originates mortgage loans in consideration of direct~~for	26528
compensation or ~~indirect~~ gain, ~~profit, fees, or charges. "Loan~~	26529
~~officer" also includes an employee who solicits financial and~~	26530
~~mortgage information from the public for sale to another mortgage~~	26531
~~broker~~or in anticipation of compensation or gain, does any of the	26532
following:	26533

(a) Takes or offers to take a residential mortgage loan	26534
application;	26535

(b) Assists or offers to assist a buyer in obtaining or	26536
applying to obtain a residential mortgage loan by, among other	26537
things, advising on loan terms, including rates, fees, and other	26538
costs;	26539

(c) Offers or negotiates terms of a residential mortgage	26540
loan;	26541

(d) Issues or offers to issue a commitment for a residential	26542
mortgage loan to a buyer.	26543

(2) "Loan originator" does not include any of the following:

26544

(a) An individual who performs purely administrative or	26545
clerical tasks on behalf of a loan originator;	26546

(b) A person licensed under Chapter 4735. of the Revised	26547
Code, or under the similar law of another state, who performs only	26548
real estate brokerage activities permitted by that license,	26549
provided the person is not compensated by a mortgage lender,	26550
mortgage broker, loan originator, or by any agent thereof;	26551

(c) A person solely involved in extensions of credit relating	26552
to timeshare plans, as that term is defined in 11 U.S.C. 101 in	26553
effect on January 1, 2009;	26554

(d) An employee of a registrant who acts solely as a loan	26555
processor or underwriter and who does not represent to the public,	26556
through advertising or other means of communicating, including the	26557
use of business cards, stationery, brochures, signs, rate lists,	26558
or other promotional items, that the employee can or will perform	26559
any of the activities of a loan originator;	26560

(e) A mortgage loan originator licensed under sections	26561
1321.51 to 1321.60 of the Revised Code, when acting solely under	26562
that authority;	26563

(f) A licensed attorney who negotiates the terms of a	26564
residential mortgage loan on behalf of a client as an ancillary	26565
matter to the attorney's representation of the client, unless the	26566
attorney is compensated by a lender, a mortgage broker, or another	26567
loan originator, or by any agent thereof;	26568

(g) Any person engaged in the retail sale of manufactured	26569
homes, mobile homes, or industrialized units if, in connection	26570
with financing those retail sales, the person only assists the	26571
borrower by providing or transmitting the loan application and	26572
does not do any of the following:	26573

(i) Offer or negotiate the residential mortgage loan rates or	26574
terms;	26575

(ii) Provide any counseling with borrowers about residential	26576
mortgage loan rates or terms;	26577

(iii) Receive any payment or fee from any company or	26578
individual for assisting the borrower obtain or apply for	26579
financing to purchase the manufactured home, mobile home, or	26580
industrialized unit;	26581

(iv) Assist the borrower in completing a residential mortgage	26582
loan application.	26583

(h) An individual employed by a nonprofit organization that	26584
is recognized as tax exempt under 26 U.S.C. 501(c)(3) and whose	26585
primary activity is the construction, remodeling, or	26586
rehabilitation of homes for use by low income families, provided	26587
that the nonprofit organization makes no-profit mortgage loans or	26588
mortgage loans at zero per cent interest to low income families	26589
and no fees accrue directly to the nonprofit organization or	26590
individual employed by the nonprofit organization from those	26591
mortgage loans and that the United States department of housing	26592
and urban development does not deny this exemption.	26593

(F) "Mortgage" means any indebtedness secured by a deed of	26594
trust, security deed, or other lien on real property.	26595

(G)(1) "Mortgage broker" means any of the following:

26596

~~(1)~~(a) A person that holds that person out as being able to	26597
assist a buyer in obtaining a mortgage and charges or receives	26598
from either the buyer or lender money or other valuable	26599
consideration readily convertible into money for providing this	26600
assistance;	26601

~~(2)~~(b) A person that solicits financial and mortgage	26602
information from the public, provides that information to a	26603
mortgage broker or a person that makes residential mortgage loans,	26604
and charges or receives from ~~the mortgage broker~~either of them	26605
money or other valuable consideration readily convertible into	26606
money for providing the information;	26607

~~(3)~~(c) A person engaged in table-funding or warehouse-lending	26608
mortgage loans that are first lien residential mortgage loans.	26609

(2) "Mortgage broker" does not include any of the following:

26610

(a) A person that makes residential mortgage loans and	26611
receives a scheduled payment on each of those mortgage loans;	26612

(b) Any entity chartered and lawfully doing business under	26613
the authority of any law of this state, another state, or the	26614
United States as a bank, savings bank, trust company, savings and	26615
loan association, or credit union, or a subsidiary of any such	26616
entity, which subsidiary is regulated by a federal banking agency	26617
and is owned and controlled by a depository institution;	26618

(c) A consumer reporting agency that is in substantial	26619
compliance with the "Fair Credit Reporting Act," 84 Stat. 1128, 15	26620
U.S.C.A. 1681a, as amended;	26621

(d) Any political subdivision, or any governmental or other	26622
public entity, corporation, instrumentality, or agency, in or of	26623
the United States or any state;	26624

(e) A college or university, or controlled entity of a	26625
college or university, as those terms are defined in section	26626
1713.05 of the Revised Code;	26627

(f) Any entity created solely for the purpose of securitizing	26628
loans secured by an interest in real estate, provided the entity	26629
does not service the loans. For purposes of division (G)(2)(f) of	26630
this section "securitizing" means the packaging and sale of	26631
mortgage loans as a unit for sale as investment securities, but	26632
only to the extent of those activities.	26633

(g) Any person engaged in the retail sale of manufactured	26634
homes, mobile homes, or industrialized units if, in connection	26635
with obtaining financing by others for those retail sales, the	26636
person only assists the borrower by providing or transmitting the	26637
loan application and does not do any of the following:	26638

(i) Offer or negotiate the residential mortgage loan rates or	26639
terms;	26640

(ii) Provide any counseling with borrowers about residential	26641
mortgage loan rates or terms;	26642

(iii) Receive any payment or fee from any company or	26643
individual for assisting the borrower obtain or apply for	26644
financing to purchase the manufactured home, mobile home, or	26645
industrialized unit;	26646

(iv) Assist the borrower in completing the residential	26647
mortgage loan application.	26648

(h) A mortgage banker, provided it complies with section	26649
1322.022 of the Revised Code and holds a valid letter of exemption	26650
issued by the superintendent. For purposes of this section,	26651
"mortgage banker" means any person that makes, services, buys, or	26652
sells residential mortgage loans secured by a first lien, that	26653
underwrites the loans, and that meets at least one of the	26654
following criteria:	26655

(i) The person has been directly approved by the United	26656
States department of housing and urban development as a	26657
nonsupervised mortgagee with participation in the direct	26658
endorsement program. Division (G)(2)(h)(i) of this section	26659
includes a person that has been directly approved by the United	26660
States department of housing and urban development as a	26661
nonsupervised mortgagee with participation in the direct	26662
endorsement program and that makes loans in excess of the	26663
applicable loan limit set by the federal national mortgage	26664
association, provided that the loans in all respects, except loan	26665
amounts, comply with the underwriting and documentation	26666
requirements of the United States department of housing and urban	26667
development. Division (G)(2)(h)(i) of this section does not	26668
include a mortgagee approved as a loan correspondent.	26669

(ii) The person has been directly approved by the federal	26670
national mortgage association as a seller/servicer. Division	26671
(G)(2)(h)(ii) of this section includes a person that has been	26672
directly approved by the federal national mortgage association as	26673
a seller/servicer and that makes loans in excess of the applicable	26674
loan limit set by the federal national mortgage association,	26675
provided that the loans in all respects, except loan amounts,	26676
comply with the underwriting and documentation requirements of the	26677
federal national mortgage association.	26678

(iii) The person has been directly approved by the federal	26679
home loan mortgage corporation as a seller/servicer. Division	26680
(G)(2)(h)(iii) of this section includes a person that has been	26681
directly approved by the federal home loan mortgage corporation as	26682
a seller/servicer and that makes loans in excess of the applicable	26683
loan limit set by the federal home loan mortgage corporation,	26684
provided that the loans in all respects, except loan amounts,	26685
comply with the underwriting and documentation requirements of the	26686
federal home loan mortgage corporation.	26687

(iv) The person has been directly approved by the United	26688
States department of veterans affairs as a nonsupervised automatic	26689
lender. Division (G)(2)(h)(iv) of this section does not include a	26690
person directly approved by the United States department of	26691
veterans affairs as a nonsupervised lender, an agent of a	26692
nonsupervised automatic lender, or an agent of a nonsupervised	26693
lender.	26694

(i) A nonprofit organization that is recognized as tax exempt	26695
under 26 U.S.C. 501(c)(3) and whose primary activity is the	26696
construction, remodeling, or rehabilitation of homes for use by	26697
low income families, provided that the nonprofit organization	26698
makes no-profit mortgage loans or mortgage loans at zero per cent	26699
interest to low income families and no fees accrue directly to the	26700
nonprofit organization from those mortgage loans and that the	26701
United States department of housing and urban development does not	26702
deny this exemption.	26703

(j) A credit union service organization, provided that the	26704
organization utilizes services provided by registered loan	26705
originators or that it holds a valid letter of exemption issued by	26706
the superintendent under section 1322.023 of the Revised Code and	26707
complies with that section.	26708

(H) "Operations manager" means the ~~individual~~employee or	26709
owner responsible for the everyday operations, compliance	26710
requirements, and management of a mortgage broker business.	26711

(I) "~~Originate~~Registered loan originator" means ~~to do any~~an	26712
individual to whom both of the following apply:	26713

(1) ~~Negotiate or arrange, or offer to negotiate or arrange, a~~	26714
~~mortgage loan between a person that makes or funds mortgage loans~~	26715
~~and a buyer;~~The individual is a loan originator and an employee	26716
of a depository institution, a subsidiary that is owned and	26717
controlled by a depository institution and regulated by a federal	26718
banking agency, or an institution regulated by the farm credit	26719
administration.	26720

(2) ~~Issue a commitment for a mortgage loan to a buyer;~~

26721

~~(3) Place, assist in placement, or find a mortgage loan for a~~	26722
~~buyer~~The individual is registered with, and maintains a unique	26723
identifier through, the nationwide mortgage licensing system and	26724
registry.	26725

(J) "Registrant" means any person that has been issued a	26726
mortgage broker certificate of registration under sections 1322.01	26727
to 1322.12 of the Revised Code.	26728

(K) "Superintendent of financial institutions" includes the	26729
deputy superintendent for consumer finance as provided in section	26730
1181.21 of the Revised Code.	26731

(L) "Table-funding mortgage loan" means a residential	26732
mortgage loan transaction in which the residential mortgage loan	26733
is initially payable to the mortgage broker, the mortgage broker	26734
does not use the mortgage broker's own funds to fund the	26735
transaction, and, by the terms of the mortgage or other agreement,	26736
the mortgage is simultaneously assigned to another person.	26737

(M) "Warehouse-lending mortgage loan" means a residential	26738
mortgage loan transaction in which the residential mortgage loan	26739
is initially payable to the mortgage broker, the mortgage broker	26740
uses the mortgage broker's own funds to fund the transaction, and	26741
the mortgage is sold or assigned before the mortgage broker	26742
receives a scheduled payment on the residential mortgage loan.	26743

(N) "Administrative or clerical tasks" means the receipt,	26744
collection, and distribution of information common for the	26745
processing or underwriting of a loan in the mortgage industry, and	26746
communication with a consumer to obtain information necessary for	26747
the processing or underwriting of a residential mortgage loan.	26748

(O) "Appraisal company" means a sole proprietorship,	26749
partnership, corporation, limited liability company, or any other	26750
business entity or association, that employs or retains the	26751
services of a person licensed or certified under Chapter 4763. of	26752
the Revised Code for purposes of performing residential real	26753
estate appraisals for mortgage loans.	26754

(P) "Depository institution" has the same meaning as in	26755
section 3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12	26756
U.S.C. 1813, and includes any credit union.	26757

(Q) "Federal banking agency" means the board of governors of	26758
the federal reserve system, the comptroller of the currency, the	26759
director of the office of thrift supervision, the national credit	26760
union administration, and the federal deposit insurance	26761
corporation.	26762

(R) "Immediate family" means an individual's spouse, child,	26763
stepchild, parent, stepparent, grandparent, grandchild, brother,	26764
sister, parent-in-law, brother-in-law, or sister-in-law.	26765

(S) "Individual" means a natural person.

26766

(T) "Loan processor or underwriter" means an individual who	26767
performs clerical or support duties at the direction of and	26768
subject to the supervision and instruction of a licensed loan	26769
originator or registered loan originator. For purposes of this	26770
division, "clerical or support duties" includes the following	26771
activities:	26772

(1) The receipt, collection, distribution, and analysis of	26773
information common for the processing or underwriting of a	26774
residential mortgage loan;	26775

(2) Communicating with a buyer to obtain the information	26776
necessary for the processing or underwriting of a loan, to the	26777
extent the communication does not include offering or negotiating	26778
loan rates or terms or counseling buyers about residential	26779
mortgage loan rates or terms.	26780

(U) "Nationwide mortgage licensing system and registry" means	26781
a mortgage licensing system developed and maintained by the	26782
conference of state bank supervisors and the American association	26783
of residential mortgage regulators, or their successor entities,	26784
for the licensing and registration of loan originators, or any	26785
system established by the secretary of housing and urban	26786
development pursuant to the "Secure and Fair Enforcement for	26787
Mortgage Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101.	26788

(V) "Nontraditional mortgage product" means any mortgage	26789
product other than a thirty-year fixed rate mortgage.	26790

(W) "Real estate brokerage activity" means any activity that	26791
involves offering or providing real estate brokerage services to	26792
the public, including all of the following:	26793

(1) Acting as a real estate agent or real estate broker for a	26794
buyer, seller, lessor, or lessee of real property;	26795

(2) Bringing together parties interested in the sale,	26796
purchase, lease, rental, or exchange of real property, other than	26797
in connection with providing financing for any such transaction;	26798

(3) Negotiating, on behalf of any party, any portion of a	26799
contract relating to the sale, purchase, lease, rental, or	26800
exchange of real property, other than in connection with providing	26801
financing for any such transaction;	26802

(4) Engaging in any activity for which a person engaged in	26803
that activity is required to be registered or licensed as a real	26804
estate agent or real estate broker under any applicable law;	26805

(5) Offering to engage in any activity, or to act in any	26806
capacity, described in division (W) of this section.	26807

(X) "Residential mortgage loan" means any loan primarily for	26808
personal, family, or household use that is secured by a mortgage	26809
on a dwelling or on residential real estate upon which is	26810
constructed or intended to be constructed a dwelling. For	26811
purposes of this division, "dwelling" has the same meaning as in	26812
section 103 of the "Truth in Lending Act," 82 Stat. 146, 15 U.S.C	26813
1602.	26814

(Y) "State," in the context of referring to states in	26815
addition to Ohio, means any state of the United States, the	26816
district of Columbia, any territory of the United States, Puerto	26817
Rico, Guam, American Samoa, the trust territory of the Pacific	26818
islands, the virgin islands, and the northern Mariana islands;	26819

(Z) "Unique identifier" means a number or other identifier	26820
that permanently identifies a loan originator and is assigned by	26821
protocols established by the nationwide mortgage licensing system	26822
and registry or federal banking agencies to facilitate electronic	26823
tracking of loan originators and uniform identification of, and	26824
public access to, the employment history of and the publicly	26825
adjudicated disciplinary and enforcement actions against loan	26826
originators.	26827

Sec. 1322.02. (A)(1) No person, on the person's own behalf	26828
or on behalf of any other person, shall act as a mortgage broker	26829
without first having obtained a certificate of registration from	26830
the superintendent of financial institutions for every office to	26831
be maintained by the person for the transaction of business as a	26832
mortgage broker in this state. A registrant shall maintain an	26833
office location in this state for the transaction of business as a	26834
mortgage broker in this state.	26835

(2) No person shall act or hold that person's self out as a	26836
mortgage broker under the authority or name of a registrant or	26837
person exempt from sections 1322.01 to 1322.12 of the Revised Code	26838
without first having obtained a certificate of registration from	26839
the superintendent for every office to be maintained by the person	26840
for the transaction of business as a mortgage broker in this	26841
state.	26842

(B)(1) No ~~person, on the person's own behalf or on behalf of~~	26843
~~any other person,~~individual shall act as a loan ~~officer~~	26844
originator without first having obtained a license from the	26845
superintendent. A loan ~~officer~~originator shall be employed by or	26846
associated with a mortgage broker or any person or entity listed	26847
in division (G)(2) of section 1322.01 of the Revised Code, but	26848
shall not be employed by or associated with more than one	26849
mortgage broker or person or entity at any one time.	26850

(2) An individual acting under the individual's authority as	26851
a registered loan originator shall not be required to be licensed	26852
under division (B)(1) of this section.	26853

(C)(1) ~~The following persons are exempt from sections 1322.01~~	26854
~~to 1322.12 of the Revised Code only with respect to business~~	26855
~~engaged in or authorized by their charter, license, authority,~~	26856
~~approval, or certificate, or as otherwise authorized by division~~	26857
~~(C)(1)(g) of this section:~~	26858

~~(a) A bank, savings bank, savings and loan association,~~	26859
~~credit union, or credit union service organization organized under~~	26860
~~the laws of this state, another state, or the United States, or a~~	26861
~~subsidiary or affiliate of a bank, savings bank, savings and loan~~	26862
~~association, credit union, or credit union service organization.~~	26863
~~As used in this division, "affiliate" means an entity that~~	26864
~~controls, is controlled by, or is under common control with, a~~	26865
~~bank, savings bank, savings and loan association, credit union, or~~	26866
~~credit union service organization and that the board of governors~~	26867
~~of the federal reserve system, the comptroller of the currency,~~	26868
~~the office of thrift supervision, the federal deposit insurance~~	26869
~~corporation, or the national credit union administration has the~~	26870
~~authority to examine, supervise, and regulate including with~~	26871
~~respect to the affiliate's compliance with applicable consumer~~	26872
~~protection requirements.~~	26873

~~(b) A budget and debt counseling service, as defined in~~	26874
~~division (D) of section 2716.03 of the Revised Code, provided that~~	26875
~~the service is a nonprofit organization exempt from taxation under~~	26876
~~section 501(c)(3) of the "Internal Revenue Code of 1986," 100~~	26877
~~Stat. 2085, 26 U.S.C.A. 501, as amended, and that the service is~~	26878
~~in compliance with Chapter 4710. of the Revised Code;~~	26879

~~(c) A consumer reporting agency that is in substantial~~	26880
~~compliance with the "Fair Credit Reporting Act," 84 Stat. 1128, 15~~	26881
~~U.S.C.A. 1681a, as amended;~~	26882

~~(d) Any political subdivision, or any governmental or other~~	26883
~~public entity, corporation, or agency, in or of the United States~~	26884
~~or any state of the United States;~~	26885

~~(e) A college or university, or controlled entity of a~~	26886
~~college or university, as defined in section 1713.05 of the~~	26887
~~Revised Code;~~	26888

~~(f) A person registered under sections 1321.51 to 1321.60 of~~	26889
~~the Revised Code, provided that not more than five per cent of the~~	26890
~~person's mortgage loans constitute table-funding mortgage loans or~~	26891
~~warehouse-lending mortgage loans. Division (C)(1)(f) of this~~	26892
~~section does not include any person that is also registered or~~	26893
~~licensed under sections 1322.01 to 1322.12 of the Revised Code.~~	26894

~~(g) A mortgage banker. For purposes of division (C)(1)(g) of~~	26895
~~this section, "mortgage banker" means any person that makes,~~	26896
~~services, buys, or sells mortgage loans, that underwrites the~~	26897
~~loans, and that meets at least one of the following criteria:~~	26898

~~(i) The person has been directly approved by the United~~	26899
~~States department of housing and urban development as a~~	26900
~~nonsupervised mortgagee with participation in the direct~~	26901
~~endorsement program. Division (C) (1) (g) (i) of this section~~	26902
~~includes a person that has been directly approved by the United~~	26903
~~States department of housing and urban development as a~~	26904
~~nonsupervised mortgagee with participation in the direct~~	26905
~~endorsement program and that makes loans in excess of the~~	26906
~~applicable loan limit set by the federal national mortgage~~	26907
~~association, provided that the loans in all respects, except loan~~	26908
~~amounts, comply with the underwriting and documentation~~	26909
~~requirements of the United States department of housing and urban~~	26910
~~development. Division (C)(1)(g)(i) of this section does not~~	26911
~~include a mortgagee approved as a loan correspondent.~~	26912

~~(ii) The person has been directly approved by the federal~~	26913
~~national mortgage association as a seller/servicer. Division (C)~~	26914
~~(1) (g) (ii) of this section includes a person that has been~~	26915
~~directly approved by the federal national mortgage association as~~	26916
~~a seller/servicer and that makes loans in excess of the applicable~~	26917
~~loan limit set by the federal national mortgage association,~~	26918
~~provided that the loans in all respects, except loan amounts,~~	26919
~~comply with the underwriting and documentation requirements of the~~	26920
~~federal national mortgage association.~~	26921

~~(iii) The person has been directly approved by the federal~~	26922
~~home loan mortgage corporation as a seller/servicer. Division (C)~~	26923
~~(1) (g) (iii) of this section includes a person that has been~~	26924
~~directly approved by the federal home loan mortgage corporation as~~	26925
~~a seller/servicer and that makes loans in excess of the applicable~~	26926
~~loan limit set by the federal home loan mortgage corporation,~~	26927
~~provided that the loans in all respects, except loan amounts,~~	26928
~~comply with the underwriting and documentation requirements of the~~	26929
~~federal home loan mortgage corporation.~~	26930

~~(iv) The person has been directly approved by the United~~	26931
~~States department of veterans affairs as a nonsupervised automatic~~	26932
~~lender. Division (C)(1)(g)(iv) of this section does not include a~~	26933
~~person directly approved by the United States department of~~	26934
~~veterans affairs as a nonsupervised lender, an agent of a~~	26935
~~nonsupervised automatic lender, or an agent of a nonsupervised~~	26936
~~lender.~~	26937

~~(h) A person created solely for the purpose of securitizing~~	26938
~~loans secured by an interest in real estate, provided the person~~	26939
~~does not service the loans. For purposes of division (C)(1)(h) of~~	26940
~~this section, "securitizing" means the packaging and sale of~~	26941
~~mortgage loans as a unit for sale as investment securities, but~~	26942
~~only to the extent of those activities~~Each licensee shall	26943
register with, and maintain a valid unique identifier issued by,	26944
the nationwide mortgage licensing system and registry.	26945

(2) ~~Any individual who is employed by a person exempt from~~	26946
~~sections 1322.01 to 1322.12 of the Revised Code is also exempt~~	26947
~~from those sections to the extent the individual is acting within~~	26948
~~the scope of the individual's employment and within the scope of~~	26949
~~the exempt person's charter, license, authority, approval, or~~	26950
~~certificate~~No person shall use a licensee's unique identifier for	26951
any purpose other than as set forth in the "Secure and Fair	26952
Enforcement for Mortgage Licensing Act of 2008," 122 Stat. 2810,	26953
12 U.S.C. 5101.	26954

Sec. 1322.022. (A) A mortgage banker seeking exemption from	26955
registration pursuant to division (G)(2)(h) of section 1322.01 of	26956
the Revised Code shall submit an application to the superintendent	26957
of financial institutions along with a nonrefundable fee of three	26958
hundred fifty dollars for each location of an office to be	26959
maintained by the mortgage banker. The application shall be in a	26960
form prescribed by the superintendent and shall include all of the	26961
following:	26962

(1) The mortgage banker's business name and state of	26963
incorporation or business registration;	26964

(2) The names of the owners, officers, or partners having	26965
control of the business;	26966

(3) An attestation to all of the following:

26967

(a) That the mortgage banker and its owners, officers, or	26968
partners identified in division (A)(2) of this section have not	26969
had a mortgage banker license, mortgage broker certificate of	26970
registration, or loan originator license, or any comparable	26971
authority, revoked in any governmental jurisdiction;	26972

(b) That the mortgage banker and its owners, officers, or	26973
partners identified in division (A)(2) of this section have not	26974
been convicted of, or pleaded guilty to, any of the following in	26975
a domestic, foreign, or military court:	26976

(i) During the seven-year period immediately preceding the	26977
date of application for exemption, any felony or a misdemeanor	26978
involving theft;	26979

(ii) At any time prior to the date the application for	26980
exemption is approved, a felony involving an act of fraud,	26981
dishonesty, a breach of trust, theft, or money laundering.	26982

(c) That, with respect to financing residential mortgage	26983
loans, the mortgage banker conducts business with residents of	26984
this state, or secures its loans with property located in this	26985
state, under authority of an approval described in division	26986
(G)(2)(h) of section 1322.01 of the Revised Code.	26987

(4) The names of all loan originators or licensees under the	26988
mortgage banker's control and direction;	26989

(5) An acknowledgment of understanding that the mortgage	26990
banker is subject to the regulatory authority of the division of	26991
financial institutions as provided in this section;	26992

(6) Any further reasonable information that the	26993
superintendent may require.	26994

(B)(1) If the superintendent determines that the mortgage	26995
banker honestly made the attestation required under division	26996
(A)(3) of this section and otherwise qualifies for exemption, the	26997
superintendent shall issue a letter of exemption. Additional	26998
certified copies of a letter of exemption shall be provided upon	26999
request and the payment of seventy-five dollars per copy.	27000

(2) If the superintendent determines that the mortgage banker	27001
does not qualify for exemption, the superintendent shall issue a	27002
notice of denial, and the mortgage banker may request a hearing in	27003
accordance with Chapter 119. of the Revised Code.	27004

(C) All of the following conditions apply to any mortgage	27005
banker holding a valid letter of exemption:	27006

(1) The mortgage banker shall be subject to examination in	27007
the same manner as a registrant with respect to the conduct of the	27008
mortgage banker's loan originators. In conducting any out-of-state	27009
examination, a mortgage banker shall be responsible for paying the	27010
costs of the division in the same manner as a registrant.	27011

(2) The mortgage banker shall have an affirmative duty to	27012
supervise the conduct of its loan originators, and to cooperate	27013
with investigations by the division with respect to that conduct,	27014
in the same manner as is required of registrants.	27015

(3) The mortgage banker shall keep and maintain records of	27016
all transactions relating to the conduct of its loan originators	27017
in the same manner as is required of registrants.	27018

(4) The mortgage banker may provide the surety bond for its	27019
licensees in the same manner as is permitted for registrants.	27020

(D) A letter of exemption expires annually on the	27021
thirty-first day of December and may be renewed on or before that	27022
date by submitting an application that meets the requirements of	27023
division (A) of this section and a nonrefundable renewal fee of	27024
three hundred fifty dollars for each location of an office to be	27025
maintained by the mortgage banker.	27026

(E) The superintendent may issue a notice to revoke or	27027
suspend a letter of exemption if the superintendent finds that the	27028
letter was obtained through a false or fraudulent representation	27029
of a material fact, or the omission of a material fact, required	27030
by law, or that a condition for exemption is no longer being met.	27031
Prior to issuing an order of revocation or suspension, the	27032
mortgage banker shall be given an opportunity for a hearing in	27033
accordance with Chapter 119. of the Revised Code.	27034

(F) All information obtained by the division pursuant to an	27035
examination or investigation under this section shall be subject	27036
to the confidentiality requirements set forth in section 1322.061	27037
of the Revised Code.	27038

(G) All money collected under this section shall be deposited	27039
into the state treasury to the credit of the consumer finance fund	27040
created in section 1321.21 of the Revised Code.	27041

(H) A mortgage banker that holds a valid letter of exemption,	27042
and any licensee employed by the mortgage banker, shall not be	27043
required to comply with section 1322.062 of the Revised Code with	27044
respect to any transaction covered under the authority of an	27045
approval described in division (G)(2)(h) of section 1322.01 of the	27046
Revised Code. Compliance shall be required, however, with respect	27047
to transactions not covered under the authority of an approval	27048
described in that division.	27049

Sec. 1322.023. (A) A credit union service organization	27050
seeking exemption from registration pursuant to division (G)(2)(j)	27051
of section 1322.01 of the Revised Code shall submit an application	27052
to the superintendent of financial institutions along with a	27053
nonrefundable fee of three hundred fifty dollars for each location	27054
of an office to be maintained by the organization. The application	27055
shall be in a form prescribed by the superintendent and shall	27056
include all of the following:	27057

(1) The organization's business name and state of	27058
incorporation;	27059

(2) The names of the owners, officers, or partners having	27060
control of the organization;	27061

(3) An attestation to all of the following:

27062

(a) That the organization and its owners, officers, or	27063
partners identified in division (A)(2) of this section have not	27064
had a mortgage broker certificate of registration or loan	27065
originator license, or any comparable authority, revoked in any	27066
governmental jurisdiction;	27067

(b) That the organization and its owners, officers, or	27068
partners identified in division (A)(2) of this section have not	27069
been convicted of, or pleaded guilty to, any of the following in a	27070
domestic, foreign, or military court:	27071

(i) During the seven-year period immediately preceding the	27072
date of application for exemption, any felony or a misdemeanor	27073
involving theft;	27074

(ii) At any time prior to the date the application for	27075
exemption is approved, a felony involving an act of fraud,	27076
dishonesty, a breach of trust, theft, or money laundering.	27077

(c) That, with respect to financing residential mortgage	27078
loans, the organization conducts business with residents of this	27079
state or secures its loans with property located in this state.	27080

(4) The names of all loan originators or licensees under the	27081
organization's control and direction;	27082

(5) An acknowledgment of understanding that the organization	27083
is subject to the regulatory authority of the division of	27084
financial institutions;	27085

(6) Any further information that the superintendent may	27086
require.	27087

(B)(1) If the superintendent determines that the credit union	27088
service organization honestly made the attestation required under	27089
division (A)(3) of this section and otherwise qualifies for	27090
exemption, the superintendent shall issue a letter of exemption.	27091
Additional certified copies of a letter of exemption shall be	27092
provided upon request and the payment of seventy-five dollars per	27093
copy.	27094

(2) If the superintendent determines that the organization	27095
does not qualify for exemption, the superintendent shall issue a	27096
notice of denial, and the organization may request a hearing in	27097
accordance with Chapter 119. of the Revised Code.	27098

(C) All of the following conditions apply to any credit union	27099
service organization holding a valid letter of exemption:	27100

(1) The organization shall be subject to examination in the	27101
same manner as a registrant with respect to the conduct of the	27102
organization's loan originators. In conducting any out-of-state	27103
examination, the organization shall be responsible for paying the	27104
costs of the division in the same manner as a registrant.	27105

(2) The organization shall have an affirmative duty to	27106
supervise the conduct of its loan originators, and to cooperate	27107
with investigations by the division with respect to that conduct,	27108
in the same manner as is required of registrants.	27109

(3) The organization shall keep and maintain records of all	27110
transactions relating to the conduct of its loan originators in	27111
the same manner as is required of registrants.	27112

(4) The organization may provide the surety bond for its	27113
licensees in the same manner as is permitted for registrants.	27114

(D) A letter of exemption expires annually on the	27115
thirty-first day of December and may be renewed on or before that	27116
date by submitting an application that meets the requirements of	27117
division (A) of this section and a nonrefundable renewal fee of	27118
three hundred fifty dollars for each location of an office to be	27119
maintained by the credit union service organization.	27120

(E) The superintendent may issue a notice to revoke or	27121
suspend a letter of exemption if the superintendent finds that the	27122
letter was obtained though a false or fraudulent representation of	27123
a material fact, or the omission of a material fact, required by	27124
law, or that a condition for exemption is no longer being met.	27125
Prior to issuing an order of revocation or suspension, the credit	27126
union service organization shall be given an opportunity for a	27127
hearing in accordance with Chapter 119. of the Revised Code.	27128

(F) All information obtained by the division pursuant to an	27129
examination or investigation under this section shall be subject	27130
to the confidentiality requirements set forth in section 1322.061	27131
of the Revised Code.	27132

(G) All money collected under this section shall be deposited	27133
into the state treasury to the credit of the consumer finance fund	27134
created in section 1321.21 of the Revised Code.	27135

Sec. 1322.024. The superintendent of financial institutions	27136
may, by rule, expand the definition of loan originator or	27137
mortgage broker in section 1322.01 of the Revised Code by adding	27138
individuals, persons, or entities, or may exempt additional	27139
individuals, persons, or entities from those definitions, if the	27140
superintendent finds that the addition or exemption is consistent	27141
with the purposes fairly intended by the policy and provisions of	27142
sections 1322.01 to 1322.12 of the Revised Code and the "Secure	27143
and Fair Enforcement for Mortgage Licensing Act of 2008," 122	27144
Stat. 2810, 12 U.S.C. 5101.	27145

Rules authorized by this section shall be adopted in	27146
accordance with Chapter 119. of the Revised Code.	27147

Sec. 1322.025. (A) Notwithstanding any provision of sections	27148
1322.01 to 1322.12 of the Revised Code, or any rule adopted	27149
thereunder, if the "Secure and Fair Enforcement for Mortgage	27150
Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101, as	27151
amended, is modified after the effective date of this section, or	27152
any regulation, statement, or position is adopted under that act,	27153
and the item modified or adopted affects any matter within the	27154
scope of sections 1322.01 to 1322.12 of the Revised Code, the	27155
superintendent of financial institutions may by rule adopt a	27156
similar provision.	27157

(B) The superintendent shall adopt the rules authorized by	27158
this section in accordance with section 111.15 of the Revised	27159
Code. Chapter 119. of the Revised Code does not apply to rules	27160
adopted under the authority of this section.	27161

(C) A rule adopted by the superintendent under the authority	27162
of this section is effective on the later of the following dates:	27163

(1) The date the superintendent issues the rule;

27164

(2) The date the regulation, rule, interpretation, procedure,	27165
or guideline the superintendent's rule is based on becomes	27166
effective.	27167

(D) The superintendent may, upon thirty days' written notice,	27168
revoke any rule adopted under the authority of this section. A	27169
rule adopted under the authority of this section, and not revoked	27170
by the superintendent, lapses and has no further force and effect	27171
eighteen months after the rule's effective date.	27172

Sec. 1322.03. (A) An application for a certificate of	27173
registration as a mortgage broker shall be in writing, under oath,	27174
and in the form prescribed by the superintendent of financial	27175
institutions. The application shall be accompanied by a	27176
nonrefundable application fee of ~~three~~five hundred ~~fifty~~ dollars	27177
for each location of an office to be maintained by the applicant	27178
in accordance with division (A) of section 1322.02 of the Revised	27179
Code~~; however, an applicant that is registered under sections~~	27180
~~1321.51 to 1321.60 of the Revised Code shall not be required to~~	27181
~~pay an application fee~~and any additional fee required by the	27182
nationwide mortgage licensing system and registry. The application	27183
shall provide all of the following:	27184

(1) The location or locations where the business is to be	27185
transacted and whether any location is a residence. If any	27186
location where the business is to be transacted is a residence,	27187
the superintendent may require that the application ~~shall~~ be	27188
accompanied by a ~~certified~~ copy of a zoning permit authorizing the	27189
use of the residence for commercial purposes, or ~~shall be~~	27190
~~accompanied~~ by a written opinion or other document issued by the	27191
county or political subdivision where the residence is located	27192
certifying that the use of the residence to transact business as a	27193
mortgage broker is not prohibited by the county or political	27194
subdivision. ~~The application also shall be accompanied by a~~	27195
~~photograph of each location at which the business will be~~	27196
~~transacted.~~	27197

(2)(a) In the case of a sole proprietor, the name and address	27198
of the sole proprietor;	27199

(b) In the case of a partnership, the name and address of	27200
each partner;	27201

(c) In the case of a corporation, the name and address of	27202
each shareholder owning five per cent or more of the corporation;	27203

(d) In the case of any other entity, the name and address of	27204
any person that owns five per cent or more of the entity that will	27205
transact business as a mortgage broker.	27206

(3) ~~If the applicant is a partnership, corporation, limited~~	27207
~~liability company, or any other business entity or association,~~	27208
~~the~~Each applicant shall designate an employee or owner of the	27209
applicant as the applicant's operations manager. While acting as	27210
the operations manager, the employee or owner shall be licensed as	27211
a loan originator under sections 1322.01 to 1322.12 of the Revised	27212
Code and shall not be employed by any other mortgage broker.	27213

(4) Evidence that the ~~sole proprietor or the~~ person	27214
designated on the application pursuant to division (A)(3) of this	27215
section~~, as applicable,~~ possesses at least three years of	27216
experience in the residential mortgage and lending field, which	27217
experience may include employment with or as a mortgage broker or	27218
with a ~~financial~~depository institution, mortgage lending	27219
institution, or other lending institution, or possesses at least	27220
three years of other experience related specifically to the	27221
business of residential mortgage loans that the superintendent	27222
determines meets the requirements of division (A)(4) of this	27223
section;	27224

(5) ~~On or after January 1, 2007, evidence~~Evidence that the	27225
~~sole proprietor or the~~ person designated on the application	27226
pursuant to division (A)(3) of this section has successfully	27227
completed ~~either of~~ the ~~following:~~	27228

~~(a) At least twenty-four hours of live classroom~~	27229
pre-licensing instruction ~~in a course or program of study~~	27230
~~approved by the superintendent that consists of at least all of~~	27231
~~the following:~~	27232

~~(i) Four hours of instruction concerning state and federal~~	27233
~~mortgage lending laws, which shall include no less than two hours~~	27234
~~on this chapter;~~	27235

~~(ii) Four hours of instruction concerning the Ohio consumer~~	27236
~~sales practices act, Chapter 1345. of the Revised Code, as it~~	27237
~~applies to registrants and licensees;~~	27238

~~(iii) Four hours of instruction concerning the loan~~	27239
~~application process;~~	27240

~~(iv) Two hours of instruction concerning the underwriting~~	27241
~~process;~~	27242

~~(v) Two hours of instruction concerning the secondary market~~	27243
~~for mortgage loans;~~	27244

~~(vi) Four hours of instruction concerning the loan closing~~	27245
~~process;~~	27246

~~(vii) Two hours of instruction covering basic mortgage~~	27247
~~financing concepts and terms;~~	27248

~~(viii) Two hours of instruction concerning the ethical~~	27249
~~responsibilities of a registrant, including with respect to~~	27250
~~confidentiality, consumer counseling, and the duties and standards~~	27251
~~of care created in section 1322.081 of the Revised Code.~~	27252

~~(b) Other post-secondary education related specifically to~~	27253
~~the business of mortgage loans that the superintendent determines~~	27254
~~meets the requirements of division (A)(5)(a) of this section.~~	27255

~~Division (A)(5) of this section does not apply to any~~	27256
~~applicant who has an application on file with the division of~~	27257
~~financial institutions prior to January 1, 2007.~~	27258

~~The evidence submitted by the applicant pursuant to division~~	27259
~~(A)(5) of this section may be in the form of transcripts or a~~	27260
~~statement indicating that the applicant has, and will maintain,~~	27261
~~transcripts at the applicant's place of business for a period of~~	27262
~~five years for inspection by the superintendent at the~~	27263
~~superintendent's request~~requirements set forth in section	27264
1322.031 of the Revised Code.	27265

(6) Evidence of compliance with the surety bond requirements	27266
of section 1322.05 of the Revised Code and with sections 1322.01	27267
to 1322.12 of the Revised Code;	27268

(7) In the case of a foreign business entity, evidence that	27269
it maintains a license or registration pursuant to Chapter 1703.,	27270
1705., 1775., 1776., 1777., 1782., or 1783. of the Revised Code to	27271
transact business in this state;	27272

(8) ~~A statement as to whether the applicant or, to the best~~	27273
~~of the applicant's knowledge, any shareholder, member, partner,~~	27274
~~operations manager, or employee of the applicant has been~~	27275
~~convicted of or pleaded guilty to any criminal offense involving~~	27276
~~theft, receiving stolen property, embezzlement, forgery, fraud,~~	27277
~~passing bad checks, money laundering, or drug trafficking, or any~~	27278
~~criminal offense involving money or securities;~~	27279

~~(9) A statement as to whether the applicant or, to the best~~	27280
~~of the applicant's knowledge, any shareholder, member, partner,~~	27281
~~operations manager, or employee of the applicant has been subject~~	27282
~~to any adverse judgment for conversion, embezzlement,~~	27283
~~misappropriation of funds, fraud, misfeasance or malfeasance, or~~	27284
~~breach of fiduciary duty;~~	27285

~~(10)~~ Evidence that the applicant's operations manager has	27286
successfully completed the ~~examination~~written test required under	27287
division (A) of section 1322.051 of the Revised Code;	27288

~~(11)~~(9) Any further information that the superintendent	27289
requires.	27290

(B) Upon the filing of the application and payment of the	27291
nonrefundable application fee and any fee required by the	27292
nationwide mortgage licensing system and registry, the	27293
superintendent of financial institutions shall investigate the	27294
applicant, and any individual whose identity is required to be	27295
disclosed in the application, as set forth in division (B) of	27296
this section.	27297

(1) ~~The~~(a) Notwithstanding division (K) of section 121.08 of	27298
the Revised Code, the superintendent shall obtain a criminal	27299
history records check and, as part of that records check, request	27300
that criminal record information from the federal bureau of	27301
investigation be obtained. To fulfill this requirement, the	27302
superintendent shall ~~request~~do either of the following:	27303

(i) Request the superintendent of the bureau of criminal	27304
identification and investigation, or a vendor approved by the	27305
bureau, to conduct a criminal records check based on the	27306
applicant's fingerprints or, if the fingerprints are unreadable,	27307
based on the applicant's social security number, in accordance	27308
with division (A)~~(11)~~(12) of section 109.572 of the Revised Code.	27309
~~Notwithstanding division (K) of section 121.08 of the Revised~~	27310
~~Code, the superintendent of financial institutions shall~~;	27311

(ii) Authorize the nationwide mortgage licensing system and	27312
registry to request ~~that criminal record information from the~~	27313
~~federal bureau of investigation be obtained as part of the~~a	27314
criminal ~~records~~history background check. ~~Any~~	27315

(b) Any fee required under division (C)(3) of section 109.572	27316
of the Revised Code or by the nationwide mortgage licensing	27317
system and registry shall be paid by the applicant.	27318

(2) The superintendent shall conduct a civil records check.

27319

(3) If, in order to issue a certificate of registration to an	27320
applicant, additional investigation by the superintendent outside	27321
this state is necessary, the superintendent may require the	27322
applicant to advance sufficient funds to pay the actual expenses	27323
of the investigation, if it appears that these expenses will	27324
exceed ~~three~~five hundred ~~fifty~~ dollars. The superintendent shall	27325
provide the applicant with an itemized statement of the actual	27326
expenses that the applicant is required to pay.	27327

(C) The superintendent shall pay all funds advanced and	27328
application and renewal fees and penalties the superintendent	27329
receives pursuant to this section and section 1322.04 of the	27330
Revised Code to the treasurer of state to the credit of the	27331
consumer finance fund created in section 1321.21 of the Revised	27332
Code.	27333

(D) If an application for a mortgage broker certificate of	27334
registration does not contain all of the information required	27335
under division (A) of this section, and if that information is not	27336
submitted to the superintendent within ninety days after the	27337
superintendent requests the information in writing, the	27338
superintendent may consider the application withdrawn.	27339

(E) A mortgage broker certificate of registration and the	27340
authority granted under that certificate is not transferable or	27341
assignable and cannot be franchised by contract or any other	27342
means.	27343

(F) The registration requirements of this chapter apply to	27344
any person acting as a mortgage broker, and no person is exempt	27345
from the requirements of this chapter on the basis of prior work	27346
or employment as a mortgage broker.	27347

(G) The superintendent may establish relationships or enter	27348
into contracts with the nationwide mortgage licensing system and	27349
registry, or any entities designated by it, to collect and	27350
maintain records and process transaction fees or other fees	27351
related to mortgage broker certificates of registration or the	27352
persons associated with a mortgage broker.	27353

Sec. 1322.031. (A) An application for a license as a loan	27354
~~officer~~originator shall be in writing, under oath, and in the	27355
form prescribed by the superintendent of financial institutions.	27356
The application shall be accompanied by a nonrefundable	27357
application fee of one hundred fifty dollars and ~~shall provide all~~	27358
~~of the following:~~	27359

~~(1) The name and address of the applicant;~~

27360

~~(2) A statement as to whether the applicant has been~~	27361
~~convicted of or pleaded guilty to any criminal offense involving~~	27362
~~theft, receiving stolen property, embezzlement, forgery, fraud,~~	27363
~~passing bad checks, money laundering, or drug trafficking, or any~~	27364
~~criminal offense involving money or securities;~~	27365

~~(3) A statement as to whether the applicant has been subject~~	27366
~~to an adverse judgment for conversion, embezzlement,~~	27367
~~misappropriation of funds, fraud, misfeasance or malfeasance, or~~	27368
~~breach of fiduciary duty;~~	27369

~~(4) For loan officer applications submitted on or after~~	27370
~~January 1, 2007, proof~~any additional fee required by the	27371
nationwide mortgage licensing system and registry.	27372

(B)(1) The application shall provide evidence, acceptable to	27373
the superintendent, that the applicant has successfully completed	27374
at least twenty-four hours of pre-licensing instruction consisting	27375
of all of the following:	27376

(a) Twenty hours of instruction in a course or program of	27377
study reviewed and approved by the nationwide mortgage licensing	27378
system and registry;	27379

(b) Four hours of instruction in a course or program of study	27380
reviewed and approved by the superintendent concerning state	27381
lending laws and the Ohio consumer sales practices act, Chapter	27382
1345. of the Revised Code, as it applies to registrants and	27383
licensees.	27384

(2) Notwithstanding division (B)(1) of this section, until	27385
the nationwide mortgage licensing system and registry implements a	27386
review and approval program, the application shall provide	27387
evidence, as determined by the superintendent, that the applicant	27388
has successfully completed at least twenty-four hours of ~~live~~	27389
~~classroom~~ instruction in a course or program of study approved by	27390
the superintendent that consists of at least all of the	27391
following:	27392

(a) Four hours of instruction concerning state and federal	27393
mortgage lending laws, which shall include no less than two hours	27394
on this chapter;	27395

(b) Four hours of instruction concerning the Ohio consumer	27396
sales practices act, Chapter 1345. of the Revised Code, as it	27397
applies to registrants and licensees;	27398

(c) Four hours of instruction concerning the loan application	27399
process;	27400

(d) Two hours of instruction concerning the underwriting	27401
process;	27402

(e) Two hours of instruction concerning the secondary market	27403
for mortgage loans;	27404

(f) Four hours of instruction concerning the loan closing	27405
process;	27406

(g) Two hours of instruction covering basic mortgage	27407
financing concepts and terms;	27408

(h) Two hours of instruction concerning the ethical	27409
responsibilities of a registrant and a licensee, including with	27410
respect to confidentiality, consumer counseling, and the duties	27411
and standards of care created in section 1322.081 of the Revised	27412
Code.	27413

~~Division (A)(4) of this section does not apply to any~~	27414
~~applicant who has an application on file with the division of~~	27415
~~financial institutions prior to January 1, 2007.~~	27416

~~The proof submitted by the applicant pursuant to division~~	27417
~~(A)(4) of this section may be in the form of transcripts or a~~	27418
~~statement indicating that the applicant has, and will maintain,~~	27419
~~transcripts at the applicant's place of business for a period of~~	27420
~~five years for inspection by the superintendent at the~~	27421
~~superintendent's request.~~	27422

~~(5)~~(3) For purposes of division (B)(1)(a) of this section,	27423
the review and approval of a course or program of study includes	27424
the review and approval of the provider of the course or program	27425
of study.	27426

(4) If an applicant held a valid loan originator license	27427
issued by this state at any time during the immediately preceding	27428
five-year period, the applicant shall not be required to complete	27429
any additional pre-licensing instruction. For this purpose, any	27430
time during which the individual is a registered loan originator	27431
shall not be taken into account.	27432

(5) A person having successfully completed the pre-licensing	27433
education requirement reviewed and approved by the nationwide	27434
mortgage licensing system and registry for any state within the	27435
previous five years shall be granted credit toward completion of	27436
the pre-licensing education requirement of this state.	27437

(C) In addition to the information required under division	27438
(B) of this section, the application shall provide both of the	27439
following:	27440

(1) Evidence that the applicant passed a written test that	27441
meets the requirements described in division (B) of section	27442
1322.051 of the Revised Code;	27443

(2) Any further information that the superintendent requires.

27444

~~(B)~~(D) Upon the filing of the application and payment of the	27445
application fee and any fee required by the nationwide mortgage	27446
licensing system and registry, the superintendent of financial	27447
institutions shall investigate the applicant as set forth in	27448
division ~~(B)~~(D) of this section.	27449

(1) ~~The~~(a) Notwithstanding division (K) of section 121.08	27450
of the Revised Code, the superintendent shall obtain a criminal	27451
history records check and, as part of the records check, request	27452
that criminal record information from the federal bureau of	27453
investigation be obtained. To fulfill this requirement, the	27454
superintendent shall ~~request~~do either of the following:	27455

(i) Request the superintendent of the bureau of criminal	27456
identification and investigation, or a vendor approved by the	27457
bureau, to conduct a criminal records check based on the	27458
applicant's fingerprints or, if the fingerprints are unreadable,	27459
based on the applicant's social security number, in accordance	27460
with division (A)~~(11)~~(12) of section 109.572 of the Revised Code.	27461
~~Notwithstanding division (K) of section 121.08 of the Revised~~	27462
~~Code, the superintendent of financial institutions shall~~;	27463

(ii) Authorize the nationwide mortgage licensing system and	27464
registry to request ~~that criminal record information from the~~	27465
~~federal bureau of investigation be obtained as part of the~~a	27466
criminal ~~records~~history background check. ~~Any~~	27467

(b) Any fee required under division (C)(3) of section 109.572	27468
of the Revised Code or by the nationwide mortgage licensing	27469
system and registry shall be paid by the applicant.	27470

(2) The superintendent shall conduct a civil records check.

27471

(3) If, in order to issue a license to an applicant,	27472
additional investigation by the superintendent outside this state	27473
is necessary, the superintendent may require the applicant to	27474
advance sufficient funds to pay the actual expenses of the	27475
investigation, if it appears that these expenses will exceed one	27476
hundred fifty dollars. The superintendent shall provide the	27477
applicant with an itemized statement of the actual expenses that	27478
the applicant is required to pay.	27479

~~(C)~~(E)(1) In connection with applying for a loan originator	27480
license, the applicant shall furnish to the nationwide mortgage	27481
licensing system and registry the following information	27482
concerning the applicant's identity:	27483

(a) The applicant's fingerprints for submission to the	27484
federal bureau of investigation, and any other governmental agency	27485
or entity authorized to receive such information, for purposes of	27486
a state, national, and international criminal history background	27487
check;	27488

(b) Personal history and experience in a form prescribed by	27489
the nationwide mortgage licensing system and registry, along with	27490
authorization for the superintendent and the nationwide mortgage	27491
licensing system and registry to obtain the following:	27492

(i) An independent credit report from a consumer reporting	27493
agency;	27494

(ii) Information related to any administrative, civil, or	27495
criminal findings by any governmental jurisdiction.	27496

(2) In order to effectuate the purposes of divisions	27497
(E)(1)(a) and (E)(1)(b)(ii) of this section, the superintendent	27498
may use the conference of state bank supervisors, or a wholly	27499
owned subsidiary, as a channeling agent for requesting information	27500
from and distributing information to the United States department	27501
of justice or any other governmental agency. The superintendent	27502
may also use the nationwide mortgage licensing system and registry	27503
as a channeling agent for requesting information from and	27504
distributing information to any source related to matters subject	27505
to those divisions of this section.	27506

(F) The superintendent shall pay all funds advanced and	27507
application and renewal fees and penalties the superintendent	27508
receives pursuant to this section and section 1322.041 of the	27509
Revised Code to the treasurer of state to the credit of the	27510
consumer finance fund created in section 1321.21 of the Revised	27511
Code.	27512

~~(D)~~(G) If an application for a loan originator license does	27513
not contain all of the information required under ~~division (A) of~~	27514
this section, and if that information is not submitted to the	27515
superintendent within ninety days after the superintendent	27516
requests the information in writing, the superintendent may	27517
consider the application withdrawn.	27518

~~(E)~~(H)(1) The business of a loan ~~officer~~originator shall	27519
principally be transacted at an office of the ~~employing~~ mortgage	27520
broker with whom the licensee is employed or associated, which	27521
office is registered in accordance with division (A) of section	27522
1322.02 of the Revised Code. Each original loan originator license	27523
shall be deposited with and maintained by the ~~employing~~ mortgage	27524
broker at the mortgage broker's main office. A copy of the license	27525
shall be maintained and displayed at the office where the loan	27526
~~officer~~originator principally transacts business.	27527

(2) If a loan ~~officer's~~originator's employment or	27528
association is terminated for any reason, the mortgage broker	27529
shall return the original loan originator license to the	27530
superintendent within five business days after the termination.	27531
The licensee may request the transfer of the license to another	27532
mortgage broker by submitting a ~~relocation~~transfer application,	27533
along with a fifteen dollar fee and any fee required by the	27534
national mortgage licensing system and registry, to the	27535
superintendent or may request the superintendent in writing to	27536
hold the license in escrow ~~for a period not to exceed one year~~.	27537
Any licensee whose license is held in escrow shall cease activity	27538
as a loan ~~officer~~originator. A licensee whose license is held in	27539
escrow shall be required to apply for renewal annually and to	27540
comply with the annual continuing education requirement.	27541

(3) A mortgage broker may employ or be associated with a loan	27542
~~officer~~originator on a temporary basis pending the transfer of	27543
the loan ~~officer's~~originator's license to the mortgage broker, if	27544
the mortgage broker receives written confirmation from the	27545
superintendent that the loan ~~officer~~originator is licensed under	27546
sections 1322.01 to 1322.12 of the Revised Code.	27547

~~(F)~~(4) Notwithstanding divisions (H)(1) to (3) of this	27548
section, if a licensee is employed by or associated with a person	27549
or entity listed in division (G)(2) of section 1322.01 of the	27550
Revised Code, all of the following apply:	27551

(a) The licensee shall maintain and display the original loan	27552
originator license at the office where the licensee principally	27553
transacts business;	27554

(b) If the loan originator's employment or association is	27555
terminated, the loan originator shall return the original loan	27556
originator license to the superintendent within five business days	27557
after termination. The licensee may request the transfer of the	27558
license to a mortgage broker or another person or entity listed in	27559
division (G)(2) of section 1322.01 of the Revised Code by	27560
submitting a transfer application, along with a fifteen dollar fee	27561
and any fee required by the national mortgage licensing system and	27562
registry, to the superintendent or may request the superintendent	27563
in writing to hold the license in escrow. A licensee whose license	27564
is held in escrow shall cease activity as a loan originator. A	27565
licensee whose license is held in escrow shall be required to	27566
apply for renewal annually and to comply with the annual	27567
continuing education requirement.	27568

(c) The licensee may seek to be employed or associated with a	27569
mortgage broker or person or entity listed in division (G)(2) of	27570
section 1322.01 of the Revised Code if the mortgage broker or	27571
person or entity receives written confirmation from the	27572
superintendent that the loan originator is licensed under sections	27573
1322.01 to 1322.12 of the Revised Code.	27574

(I) The superintendent may establish relationships or enter	27575
into contracts with the nationwide mortgage licensing system and	27576
registry, or any entities designated by it, to collect and	27577
maintain records and process transaction fees or other fees	27578
related to loan originator licenses or the persons associated with	27579
a licensee.	27580

(J) A loan originator license, or the authority granted under	27581
that license, is not assignable and cannot be franchised by	27582
contract or any other means.	27583

Sec. 1322.04. (A) Upon the conclusion of the investigation	27584
required under division (B) of section 1322.03 of the Revised	27585
Code, the superintendent of financial institutions shall issue a	27586
certificate of registration to the applicant if the superintendent	27587
finds that the following conditions are met:	27588

(1) ~~Except as otherwise provided in division (A) of section~~	27589
~~1322.03 of the Revised Code, the~~The application is accompanied by	27590
the application fee and any fee required by the nationwide	27591
mortgage licensing system and registry. If	27592

(a) If a check or other draft instrument is returned to the	27593
superintendent for insufficient funds, the superintendent shall	27594
notify the applicant by certified mail, return receipt requested,	27595
that the application will be withdrawn unless the applicant,	27596
within thirty days after receipt of the notice, submits the	27597
application fee and a one-hundred-dollar penalty to the	27598
superintendent. If the applicant does not submit the application	27599
fee and penalty within that time period, or if any check or other	27600
draft instrument used to pay the fee or penalty is returned to the	27601
superintendent for insufficient funds, the application shall be	27602
withdrawn.	27603

(b) If a check or other draft instrument is returned to the	27604
superintendent for insufficient funds after the certificate of	27605
registration has been issued, the superintendent shall notify the	27606
registrant by certified mail, return receipt requested, that the	27607
certificate of registration issued in reliance on the check or	27608
other draft instrument will be canceled unless the registrant,	27609
within thirty days after receipt of the notice, submits the	27610
application fee and a one-hundred-dollar penalty to the	27611
superintendent. If the registrant does not submit the application	27612
fee and penalty within that time period, or if any check or other	27613
draft instrument used to pay the fee or penalty is returned to the	27614
superintendent for insufficient funds, the certificate of	27615
registration shall be canceled immediately without a hearing, and	27616
the registrant shall cease activity as a mortgage broker.	27617

(2) If the application is for a location that is a residence,	27618
~~that the applicant has obtained a valid zoning permit authorizing~~	27619
~~the use of the residence for commercial purposes, or has obtained~~	27620
~~a valid written opinion or other document issued by the county or~~	27621
~~political subdivision where the residence is located certifying~~	27622
evidence that the use of the residence to transact business as a	27623
mortgage broker is not prohibited ~~by the county or political~~	27624
~~subdivision. The application also is accompanied by a photograph~~	27625
~~of each location at which the mortgage broker's business will be~~	27626
~~transacted~~.	27627

(3) The ~~sole proprietor or the~~ person designated on the	27628
application pursuant to division (A)(3) of section 1322.03 of the	27629
Revised Code~~, as applicable,~~ meets the experience requirements	27630
provided in division (A)(4) of section 1322.03 of the Revised Code	27631
and the education requirements set forth in division (A)(5) of	27632
section 1322.03 of the Revised Code.	27633

(4) The applicant maintains all ~~licenses~~necessary filings	27634
and ~~registrations~~approvals required by the secretary of state.	27635

(5) The applicant complies with the surety bond requirements	27636
of section 1322.05 of the Revised Code.	27637

(6) The applicant complies with sections 1322.01 to 1322.12	27638
of the Revised Code and the rules adopted thereunder.	27639

(7) Neither the applicant nor any ~~shareholder, member,~~	27640
~~partner, operations manager, or employee of the applicant~~person	27641
whose identity is required to be disclosed on an application for	27642
a mortgage broker certificate of registration has had a mortgage	27643
broker certificate of registration or loan originator license, or	27644
any comparable authority, revoked in any governmental	27645
jurisdiction or has pleaded guilty to or been convicted of any	27646
~~criminal offense described in division (A)(8) of section 1322.03~~	27647
~~of the Revised Code or any violation of an existing or former law~~	27648
~~of this state, any other state, or the United States that~~	27649
~~substantially is equivalent to a criminal offense described in~~	27650
~~that division. However, if the applicant or any of those other~~	27651
~~persons has pleaded guilty to or been convicted of any such~~	27652
~~offense other than theft, the superintendent shall not consider~~	27653
~~the offense if the applicant has proven to the superintendent, by~~	27654
~~a preponderance of the evidence, that the applicant's or other~~	27655
~~person's activities and employment record since the conviction~~	27656
~~show that the applicant or other person is honest, truthful, and~~	27657
~~of good reputation, and there is no basis in fact for believing~~	27658
~~that the applicant or other person will commit such an offense~~	27659
~~again~~of the following in a domestic, foreign, or military court:	27660

(a) During the seven-year period immediately preceding the	27661
date of application for the certificate of registration, any	27662
felony or a misdemeanor involving theft;	27663

(b) At any time prior to the date the application for the	27664
certificate of registration is approved, a felony involving an act	27665
of fraud, dishonesty, a breach of trust, theft, or money	27666
laundering.	27667

(8) ~~Neither the applicant nor any shareholder, member,~~	27668
~~partner, operations manager, or employee of the applicant has been~~	27669
~~subject to any adverse judgment for conversion, embezzlement,~~	27670
~~misappropriation of funds, fraud, misfeasance or malfeasance, or~~	27671
~~breach of fiduciary duty, or, if the applicant or any of those~~	27672
~~other persons has been subject to such a judgment~~Based on the	27673
totality of the circumstances and information submitted in the	27674
application, the applicant has proven to the superintendent, by a	27675
preponderance of the evidence, that the ~~applicant's or other~~	27676
~~person's activities and employment record since the judgment show~~	27677
~~that the~~ applicant ~~or other person~~ is ~~honest, truthful, and~~ of	27678
good ~~reputation, and there is no basis in fact for believing that~~	27679
~~the applicant or other person will be subject to such a judgment~~	27680
~~again~~business repute, appears qualified to act as a mortgage	27681
broker, has fully complied with sections 1322.01 to 1322.12 of the	27682
Revised Code and the rules adopted thereunder, and meets all of	27683
the conditions for issuing a mortgage broker certificate of	27684
registration.	27685

(9) The applicant's operations manager successfully completed	27686
the examination required under division (A) of section 1322.051 of	27687
the Revised Code.	27688

(10) The applicant's financial responsibility, experience,	27689
character, and general fitness command the confidence of the	27690
public and warrant the belief that the business will be operated	27691
honestly and fairly in compliance with the purposes of sections	27692
1322.01 to 1322.12 of the Revised Code and the rules adopted	27693
thereunder. The superintendent shall not use a credit score as the	27694
sole basis for registration denial.	27695

(B) For purposes of determining whether an applicant that is	27696
a partnership, corporation, or other business entity or	27697
association has met the conditions set forth in divisions (A)(7),	27698
(A)(8), and (A)(10) of this section, the superintendent shall	27699
determine which partners, shareholders, or persons named in the	27700
application pursuant to division (A)(2) of section 1322.03 of the	27701
Revised Code must meet the conditions set forth in divisions	27702
(A)(7), (A)(8), and (A)(10) of this section. This determination	27703
shall be based on the extent and nature of the partner's,	27704
shareholder's, or person's ownership interest in the partnership,	27705
corporation, or other business entity or association that is the	27706
applicant and on whether the person is in a position to direct,	27707
control, or adversely influence the operations of the applicant.	27708

~~(B)~~(C) The certificate of registration issued pursuant to	27709
division (A) of this section may be renewed annually on or before	27710
the ~~thirtieth~~thirty-first day of ~~April~~December if the	27711
superintendent finds that all of the following conditions are	27712
met:	27713

(1) The renewal application is accompanied by a nonrefundable	27714
renewal fee of ~~three~~five hundred ~~fifty~~ dollars for each location	27715
of an office to be maintained by the applicant in accordance with	27716
division (A) of section 1322.02 of the Revised Code~~; however, an~~	27717
~~applicant that is registered under sections 1321.51 to 1321.60 of~~	27718
~~the Revised Code shall not be required to pay a renewal fee~~and	27719
any fee required by the nationwide mortgage licensing system and	27720
registry. If a check or other draft instrument is returned to the	27721
superintendent for insufficient funds, the superintendent shall	27722
notify the registrant by certified mail, return receipt requested,	27723
that the certificate of registration renewed in reliance on the	27724
check or other draft instrument will be canceled unless the	27725
registrant, within thirty days after receipt of the notice,	27726
submits the renewal fee and a one-hundred-dollar penalty to the	27727
superintendent. If the registrant does not submit the renewal fee	27728
and penalty within that time period, or if any check or other	27729
draft instrument used to pay the fee or penalty is returned to the	27730
superintendent for insufficient funds, the certificate of	27731
registration shall be canceled immediately without a hearing and	27732
the registrant shall cease activity as a mortgage broker.	27733

(2) ~~On and after January 1, 2003, the~~The operations manager	27734
designated under division (A)(3) of section 1322.03 of the Revised	27735
Code has completed~~, during the immediately preceding calendar~~	27736
~~year~~, at least ~~six~~eight hours of continuing education as required	27737
under section 1322.052 of the Revised Code.	27738

(3) The applicant meets the conditions set forth in divisions	27739
(A)(2) to (10) of this section.	27740

(4) The applicant's mortgage broker certificate of	27741
registration is not subject to an order of suspension or	27742
~~revocation~~an unpaid and past due fine imposed by the	27743
superintendent.	27744

~~(C)~~(D)(1) Subject to division ~~(C)~~(D)(2) of this section, if a	27745
renewal fee or additional fee required by the nationwide mortgage	27746
licensing system and registry is received by the superintendent	27747
after the ~~thirtieth~~thirty-first day of ~~April~~December, the	27748
mortgage broker certificate of registration shall not be	27749
considered renewed, and the applicant shall cease activity as a	27750
mortgage broker ~~and apply for a certificate of registration as a~~	27751
~~mortgage broker~~.	27752

(2) Division ~~(C)~~(D)(1) of this section shall not apply if the	27753
applicant, no later than the thirty-first day of ~~May~~January,	27754
submits the renewal fee or additional fee and a one-hundred-dollar	27755
penalty to the superintendent.	27756

~~(D)~~(E) If the person designated as the operations manager	27757
pursuant to division (A)(3) of section 1322.03 of the Revised Code	27758
is no longer the operations manager, the registrant shall do all	27759
of the following:	27760

(1) ~~Designate~~Within ninety days after the departure of the	27761
designated operations manager, designate another person as the	27762
operations manager;	27763

(2) Within ten days after the designation described in	27764
division ~~(D)~~(E)(1) of this section, notify the superintendent in	27765
writing of the designation;	27766

(3) Submit any additional information that the superintendent	27767
requires to establish that the newly designated operations manager	27768
complies with the ~~experience~~ requirements set forth in ~~division~~	27769
~~(A)(4) of~~ section 1322.03 of the Revised Code.	27770

(F) The registrant shall cease operations if it is without	27771
an operations manager approved by the superintendent for more than	27772
one hundred eighty days unless otherwise authorized in writing by	27773
the superintendent due to exigent circumstances.	27774

(G) Mortgage broker certificates of registration issued on or	27775
after May 1, 2010, annually expire on the thirty-first day of	27776
December.	27777

Sec. 1322.041. (A) Upon the conclusion of the investigation	27778
required under division ~~(B)~~(D) of section 1322.031 of the Revised	27779
Code, the superintendent of financial institutions shall issue a	27780
loan ~~officer~~originator license to the applicant if the	27781
superintendent finds that the following conditions are met:	27782

(1) The application is accompanied by the application fee and	27783
any fee required by the nationwide mortgage licensing system and	27784
registry. If	27785

(a) If a check or other draft instrument is returned to the	27786
superintendent for insufficient funds, the superintendent shall	27787
notify the applicant by certified mail, return receipt requested,	27788
that the application will be withdrawn unless the applicant,	27789
within thirty days after receipt of the notice, submits the	27790
application fee and a one-hundred-dollar penalty to the	27791
superintendent. If the applicant does not submit the application	27792
fee and penalty within that time period, or if any check or other	27793
draft instrument used to pay the fee or penalty is returned to the	27794
superintendent for insufficient funds, the application shall be	27795
withdrawn.	27796

(b) If a check or other draft instrument is returned to the	27797
superintendent for insufficient funds after the license has been	27798
issued, the superintendent shall notify the licensee by certified	27799
mail, return receipt requested, that the license issued in	27800
reliance on the check or other draft instrument will be canceled	27801
unless the licensee, within thirty days after receipt of the	27802
notice, submits the application fee and a one-hundred-dollar	27803
penalty to the superintendent. If the licensee does not submit the	27804
application fee and penalty within that time period, or if any	27805
check or other draft instrument used to pay the fee or penalty is	27806
returned to the superintendent for insufficient funds, the license	27807
shall be canceled immediately without a hearing, and the licensee	27808
shall cease activity as a loan ~~officer~~originator.	27809

(2) The applicant complies with sections 1322.01 to 1322.12	27810
of the Revised Code and the rules adopted thereunder.	27811

(3) ~~The~~(a) During the seven-year period immediately	27812
preceding the date of application for the license, the applicant	27813
has not been convicted of or pleaded guilty to any ~~criminal~~	27814
~~offense described in division (A)(2) of section 1322.031 of the~~	27815
~~Revised Code and the applicant has not pleaded guilty to or been~~	27816
~~convicted of a violation of an existing or former law of this~~	27817
~~state, any other state, or the United States that substantially~~	27818
~~is equivalent to a criminal offense described in that division.~~	27819
~~However, if~~felony or a misdemeanor involving theft in a domestic,	27820
foreign, or military court.	27821

(b) At any time prior to the date the application for the	27822
license is approved, the applicant has not been convicted of or	27823
pleaded guilty to ~~any such offense other than theft, the~~	27824
~~superintendent shall not consider the offense if the applicant~~	27825
~~has proven to the superintendent, by a preponderance of the~~	27826
~~evidence, that the applicant's activities and employment record~~	27827
~~since the conviction show that the applicant is honest,~~	27828
~~truthful, and of good reputation, and there is no basis in fact~~	27829
~~for believing that the applicant will commit such an offense~~	27830
~~again~~a felony involving an act of fraud, dishonesty, a breach	27831
of trust, theft, or money laundering in a domestic, foreign, or	27832
military court.	27833

(4) ~~The applicant has not been subject to an adverse judgment~~	27834
~~for conversion, embezzlement, misappropriation of funds, fraud,~~	27835
~~misfeasance or malfeasance, or breach of fiduciary duty, or, if~~	27836
~~the applicant has been subject to such a judgment~~Based on the	27837
totality of the circumstances and information submitted in the	27838
application, the applicant has proven to the superintendent, by a	27839
preponderance of the evidence, that the ~~applicant's activities and~~	27840
~~employment record since the judgment show that the~~ applicant is	27841
~~honest, truthful, and~~ of good ~~reputation, and there is no basis~~	27842
~~in fact for believing that the applicant will be subject to such~~	27843
~~a judgment again~~business repute, appears qualified to act as a	27844
loan originator, has fully complied with sections 1322.01 to	27845
1322.12 of the Revised Code and the rules adopted thereunder, and	27846
meets all of the conditions for issuing a loan originator license.	27847

(5) The applicant successfully completed the ~~examination~~	27848
written test required under division (B) of section 1322.051 of	27849
the Revised Code and completed the ~~education requirements~~	27850
prelicensing instruction set forth in division ~~(A)(4)~~(B) of	27851
section 1322.031 of the Revised Code.	27852

(6) The applicant's financial responsibility, character, and	27853
general fitness command the confidence of the public and warrant	27854
the belief that the business will be operated honestly and fairly	27855
in compliance with the purposes of sections 1322.01 to 1322.12 of	27856
the Revised Code. The superintendent shall not use a credit score	27857
as the sole basis for a license denial.	27858

(7) The applicant is in compliance with the surety bond	27859
requirements of section 1322.05 of the Revised Code.	27860

(8) The applicant has not had a loan originator license, or	27861
comparable authority, revoked in any governmental jurisdiction.	27862

(B) The license issued under division (A) of this section may	27863
be renewed annually on or before the ~~thirtieth~~thirty-first day of	27864
~~April~~December if the superintendent finds that all of the	27865
following conditions are met:	27866

(1) The renewal application is accompanied by a nonrefundable	27867
renewal fee of one hundred fifty dollars and any fee required by	27868
the nationwide mortgage licensing system and registry. If a check	27869
or other draft instrument is returned to the superintendent for	27870
insufficient funds, the superintendent shall notify the licensee	27871
by certified mail, return receipt requested, that the license	27872
renewed in reliance on the check or other draft instrument will	27873
be canceled unless the licensee, within thirty days after receipt	27874
of the notice, submits the renewal fee and a one-hundred-dollar	27875
penalty to the superintendent. If the licensee does not submit	27876
the renewal fee and penalty within that time period, or if any	27877
check or other draft instrument used to pay the fee or penalty is	27878
returned to the superintendent for insufficient funds, the	27879
license shall be canceled immediately without a hearing, and the	27880
licensee shall cease activity as a loan ~~officer~~originator.	27881

(2) ~~On and after January 1, 2003, the loan officer~~The	27882
applicant has completed~~, during the immediately preceding calendar~~	27883
~~year,~~ at least ~~six~~eight hours of continuing education as required	27884
under section 1322.052 of the Revised Code.	27885

(3) The applicant meets the conditions set forth in divisions	27886
(A)(2) to ~~(6)~~(8) of this section.	27887

(4) The applicant's license is not subject to an order of	27888
suspension or ~~revocation~~an unpaid and past due fine imposed by	27889
the superintendent.	27890

(C)(1) Subject to division (C)(2) of this section, if a	27891
license renewal application or renewal fee, including any fee	27892
required by the nationwide mortgage licensing system and registry,	27893
is received by the superintendent after the ~~thirtieth~~thirty-first	27894
day of ~~April~~December, the license shall not be considered	27895
renewed, and the applicant shall cease activity as a loan ~~officer~~	27896
originator.	27897

(2) Division (C)(1) of this section shall not apply if the	27898
applicant, no later than the thirty-first day of ~~May~~January,	27899
submits the renewal application and ~~fee~~fees and a	27900
one-hundred-dollar penalty to the superintendent.	27901

(D) Loan originator licenses issued on or after May 1, 2010,	27902
annually expire on the thirty-first day of December.	27903

Sec. 1322.05. (A)(1) No registrant shall conduct business	27904
in this state, unless the registrant has obtained and maintains in	27905
effect at all times a corporate surety bond issued by a bonding	27906
company or insurance company authorized to do business in this	27907
state. The bond shall be in favor of the superintendent of	27908
financial institutions and in the penal sum of ~~at least~~one-half	27909
per cent of the aggregate loan amount of residential mortgage	27910
loans originated in the immediately preceding calendar year, but	27911
not exceeding one hundred fifty thousand dollars. Under no	27912
circumstances, however, shall the bond be less than fifty thousand	27913
dollars and an additional penal sum of ten thousand dollars for	27914
each location, in excess of one, at which the registrant conducts	27915
business. The term of the bond shall coincide with the term of	27916
registration. A copy of the bond shall be filed with the	27917
superintendent. The bond shall be for the exclusive benefit of	27918
any buyer injured by a violation by an employee of the	27919
registrant, ~~licensee~~loan originator employed by or associated	27920
with the registrant, or registrant of any provision of sections	27921
1322.01 to 1322.12 of the Revised Code or any rule adopted	27922
thereunder. The aggregate liability of the corporate surety for	27923
any and all breaches of the conditions of the bond shall not	27924
exceed the penal sum of the bond.	27925

(2)(a) No licensee who is employed by or associated with a	27926
person or entity listed in division (G)(2) of section 1322.01 of	27927
the Revised Code shall conduct business in this state, unless	27928
either the licensee or the person or entity on the licensee's	27929
behalf has obtained and maintains in effect at all times a	27930
corporate surety bond issued by a bonding company or insurance	27931
company authorized to do business in this state. The bond shall be	27932
in favor of the superintendent of financial institutions and in	27933
the penal sum of one-half per cent of the aggregate loan amount of	27934
residential mortgage loans originated in the immediately preceding	27935
calendar year, but not exceeding one hundred thousand dollars.	27936
Under no circumstances, however, shall the bond be less than fifty	27937
thousand dollars. The term of the bond shall coincide with the	27938
term of licensure. A copy of the bond shall be filed with the	27939
superintendent. The bond shall be for the exclusive benefit of any	27940
buyer injured by a violation by the licensee of any provision of	27941
sections 1322.01 to 1322.12 of the Revised Code or any rule	27942
adopted thereunder. The aggregate liability of the corporate	27943
surety for any and all breaches of the conditions of the bond	27944
shall not exceed the penal sum of the bond.	27945

(b) Licensees covered by a corporate surety bond obtained by	27946
a registrant, or by a person or entity listed in division (G)(2)	27947
of section 1322.01 of the Revised Code, they are employed by or	27948
associated with shall not be required to obtain an individual	27949
bond.	27950

(B)(1)(a) The registrant shall give notice to the	27951
superintendent by certified mail of any action that is brought by	27952
a buyer against the registrant or, loan ~~officer of the registrant~~	27953
originator, or employee alleging injury by a violation of any	27954
provision of sections 1322.01 to 1322.12 of the Revised Code or	27955
any rule adopted thereunder, and of any judgment that is entered	27956
against the registrant or, loan ~~officer of the registrant~~	27957
originator, or employee by a buyer injured by a violation of any	27958
provision of sections 1322.01 to 1322.12 of the Revised Code or	27959
any rule adopted thereunder. The notice shall provide details	27960
sufficient to identify the action or judgment, and shall be filed	27961
with the superintendent within ten days after the commencement of	27962
the action or notice to the registrant of entry of a judgment.	27963

(b) The licensee shall give notice to the superintendent by	27964
certified mail of any action that is brought by a buyer against	27965
the licensee alleging injury by a violation of any provision of	27966
sections 1322.01 to 1322.12 of the Revised Code or any rule	27967
adopted thereunder, and of any judgment that is entered against	27968
the licensee by a buyer injured by a violation of any provision of	27969
sections 1322.01 to 1322.12 of the Revised Code or any rule	27970
adopted thereunder. The notice shall provide details sufficient to	27971
identify the action or judgment, and shall be filed with the	27972
superintendent within ten days after the commencement of the	27973
action or notice to the licensee of entry of a judgment. A person	27974
or entity listed in division (G)(2) of section 1322.01 of the	27975
Revised Code that secures bonding for the licensees employed by or	27976
associated with the person or entity shall report such actions or	27977
judgments in the same manner as is required of registrants.	27978

(2) A corporate surety, within ten days after it pays any	27979
claim or judgment, shall give notice to the superintendent by	27980
certified mail of the payment, with details sufficient to identify	27981
the person and the claim or judgment paid.	27982

(C) Whenever the penal sum of the corporate surety bond is	27983
reduced by one or more recoveries or payments, the registrant or	27984
licensee shall furnish a new or additional bond under this	27985
section, so that the total or aggregate penal sum of the bond or	27986
bonds equals the sum required by this section, or shall furnish an	27987
endorsement executed by the corporate surety reinstating the bond	27988
to the required penal sum of it.	27989

(D) The liability of the corporate surety on the bond to the	27990
superintendent and to any buyer injured by a violation of any	27991
provision of sections 1322.01 to 1322.12 of the Revised Code or	27992
any rule adopted thereunder shall not be affected in any way by	27993
any misrepresentation, breach of warranty, or failure to pay the	27994
premium, by any act or omission upon the part of the registrant or	27995
licensee, by the insolvency or bankruptcy of the registrant or	27996
licensee, or by the insolvency of the registrant's or licensee's	27997
estate. The liability for any act or omission that occurs during	27998
the term of the corporate surety bond shall be maintained and in	27999
effect for at least two years after the date on which the	28000
corporate surety bond is terminated or canceled.	28001

(E) The corporate surety bond shall not be canceled by the	28002
registrant, the licensee, or the corporate surety except upon	28003
notice to the superintendent by certified mail, return receipt	28004
requested. The cancellation shall not be effective prior to thirty	28005
days after the superintendent receives the notice.	28006

(F) No registrant or licensee employed by or associated with	28007
a person or entity listed in division (G)(2) of section 1322.01 of	28008
the Revised Code shall fail to comply with this section. Any	28009
registrant or licensee that fails to comply with this section	28010
shall cease all mortgage broker or loan originator activity in	28011
this state until the registrant or licensee complies with this	28012
section.	28013

Sec. 1322.051. (A) Each person designated under division	28014
(A)(3) of section 1322.03 of the Revised Code to act as operations	28015
manager for a mortgage broker business shall submit to an	28016
~~examination~~a written test approved by the superintendent of	28017
financial institutions. An individual shall not be considered to	28018
have passed the written test unless the individual achieves a test	28019
score of at least seventy-five per cent correct answers to all	28020
questions.	28021

(B) Each applicant for a loan ~~officer~~originator license	28022
shall submit to ~~an examination approved by the superintendent~~a	28023
written test that is developed and approved by the nationwide	28024
mortgage licensing system and registry and administered by a test	28025
provider approved by the nationwide mortgage licensing system and	28026
registry based on reasonable standards.	28027

(1) The test shall adequately measure the applicant's	28028
knowledge and comprehension in appropriate subject areas,	28029
including ethics, federal and state law related to mortgage	28030
origination, fraud, consumer protection, and the nontraditional	28031
mortgage marketplace, and fair lending issues.	28032

(2) An individual shall not be considered to have passed the	28033
written test unless the individual achieves a test score of at	28034
least seventy-five per cent correct answers on all questions and	28035
at least seventy-five per cent correct answers on all questions	28036
relating to state mortgage lending laws and the Ohio consumer	28037
sales practices act, Chapter 1345. of the Revised Code, as it	28038
applies to registrants and licensees.	28039

(3) An individual may retake the test three consecutive times	28040
provided the period between taking the tests is at least thirty	28041
days. If an individual fails three consecutive tests, the	28042
individual shall be required to wait at least six months before	28043
taking the test again.	28044

(4) If a loan originator fails to maintain a valid loan	28045
originator license for a period of five years or longer, the	28046
individual shall be required to retake the test.	28047

For this purpose, any time during which the individual is a	28048
registered loan originator shall not be taken into account.	28049

(C) Notwithstanding division (B) of this section, until the	28050
nationwide mortgage licensing system and registry implements a	28051
testing process that meets the criteria set forth in that	28052
division, the superintendent shall require each applicant to pass	28053
a written test acceptable to the superintendent.	28054

Sec. 1322.052. ~~On and after January 1, 2002, each~~(A) Each	28055
licensee and each person designated under division (A)(3) of	28056
section 1322.03 of the Revised Code to act as operations manager	28057
for a mortgage broker business shall complete at least ~~six~~eight	28058
hours of continuing education every calendar year. To fulfill this	28059
requirement, the ~~six~~eight hours of continuing education must be	28060
offered in a course or program of study reviewed and approved by	28061
the ~~superintendent of financial institutions~~nationwide mortgage	28062
licensing system and registry. The course or program of study	28063
shall include all of the following:	28064

(1) Three hours of applicable federal law and regulations;

28065

(2) Two hours of ethics, which shall include instruction on	28066
fraud, consumer protection, and fair lending issues;	28067

(3) Two hours of training related to lending standards for	28068
the nontraditional mortgage product marketplace.	28069

(B) Continuing education courses shall be reviewed and	28070
approved by the nationwide mortgage licensing system and registry	28071
based upon reasonable standards.	28072

(C) The following conditions shall apply to the continuing	28073
education required by this section:	28074

(1) An individual cannot take the same approved course in the	28075
same or successive years to meet the annual requirement for	28076
continuing education.	28077

(2) An individual can only receive credit for a continuing	28078
education course in the year in which the course is taken, unless	28079
the individual is making up a deficiency in continuing education	28080
as permitted by rule or order of the superintendent of financial	28081
institutions.	28082

(3) A licensee who subsequently becomes unlicensed must	28083
complete the continuing education requirement for the last year in	28084
which the license was held prior to the issuance of a new or	28085
renewed license.	28086

(4) A licensee who is approved as an instructor of a	28087
continuing education course receives credit for the licensee's	28088
own annual continuing education requirement at the rate of two	28089
credit hours for every one hour taught.	28090

(5) If an individual successfully completed a continuing	28091
education course reviewed and approved by the nationwide mortgage	28092
licensing system and registry as required by another state, the	28093
individual can receive credit toward completion of the continuing	28094
education requirement of this state.	28095

(D) Notwithstanding division (A) of this section, until the	28096
nationwide mortgage licensing system and registry implements a	28097
review and approval process, each licensee or person designated	28098
under division (A)(3) of section 1322.03 of the Revised Code shall	28099
provide evidence that the licensee or person has successfully	28100
completed at least eight hours of continuing education in a course	28101
or program of study approved by the superintendent of financial	28102
institutions.	28103

Sec. 1322.06. (A) As often as the superintendent of	28104
financial institutions considers it necessary, the superintendent	28105
may examine the registrant's or licensee's records, including all	28106
records created or processed by a licensee, pertaining to business	28107
transacted pursuant to sections 1322.01 to 1322.12 of the Revised	28108
Code.	28109

(B) A registrant or licensee shall maintain records	28110
pertaining to business transacted pursuant to sections 1322.01 to	28111
1322.12 of the Revised Code, including copies of all mortgage loan	28112
origination disclosure statements prepared in accordance with	28113
section 1322.062 of the Revised Code, for four years. NoFor	28114
purposes of this division, "registrant or licensee" includes any	28115
person whose certificate of registration or license is cancelled,	28116
surrendered, or revoked or who otherwise ceases to engage in	28117
business as a mortgage broker or loan originator.	28118

No registrant or licensee shall fail to comply with this	28119
division.	28120

(C) Each registrant and licensee shall submit to the	28121
nationwide mortgage licensing system and registry call reports or	28122
other reports of condition, which reports shall be in such form	28123
and shall contain such information as the nationwide mortgage	28124
licensing system and registry may require.	28125

(D)(1) As required by the superintendent, each registrant	28126
shall file with the division of financial institutions an annual	28127
report under oath or affirmation, on forms supplied by the	28128
division, concerning the business and operations of the registrant	28129
for the preceding calendar year. If a registrant operates two or	28130
more registered offices, or two or more affiliated registrants	28131
operate registered offices, a composite report of the group of	28132
registered offices may be filed in lieu of individual reports.	28133

(2) The division shall publish annually an analysis of the	28134
information required under division (D)(1) of this section, but	28135
the individual reports shall not be public records and shall not	28136
be open to public inspection or otherwise be subject to section	28137
149.43 of the Revised Code.	28138

Sec. 1322.061. (A)(1) The following information is	28139
confidential:	28140

(a) Examination information, and any information leading to	28141
or arising from an examination;	28142

(b) Investigation information, and any information arising	28143
from or leading to an investigation.	28144

(2) The information described in division (A)(1) of this	28145
section shall remain confidential for all purposes except when it	28146
is necessary for the superintendent of financial institutions to	28147
take official action regarding the affairs of a registrant or	28148
licensee, or in connection with criminal or civil proceedings to	28149
be initiated by a prosecuting attorney or the attorney general.	28150
This information may also be introduced into evidence or disclosed	28151
when and in the manner authorized by section 1181.25 of the	28152
Revised Code.	28153

(B) All application information, except social security	28154
numbers, employer identification numbers, financial account	28155
numbers, the identity of the institution where financial accounts	28156
are maintained, personal financial information, fingerprint cards	28157
and the information contained on such cards, and criminal	28158
background information, is a public record as defined in section	28159
149.43 of the Revised Code.	28160

(C) This section does not prevent the division of financial	28161
institutions from releasing to or exchanging with other financial	28162
institution regulatory authorities information relating to	28163
registrants and licensees. For this purpose, a "financial	28164
institution regulatory authority" includes a regulator of a	28165
business activity in which a registrant or licensee is engaged, or	28166
has applied to engage in, to the extent that the regulator has	28167
jurisdiction over a registrant or licensee engaged in that	28168
business activity. A registrant or licensee is engaged in a	28169
business activity, and a regulator of that business activity has	28170
jurisdiction over the registrant or licensee, whether the	28171
registrant or licensee conducts the activity directly or a	28172
subsidiary or affiliate of the registrant or licensee conducts the	28173
activity.	28174

(D) The superintendent shall, on a regular basis, report	28175
violations of sections 1322.01 to 1322.12 of the Revised Code, as	28176
well as enforcement actions and other relevant information, to the	28177
nationwide mortgage licensing system and registry.	28178

(E)(1) Any confidentiality or privilege arising under federal	28179
or state law with respect to any information or material provided	28180
to the nationwide mortgage licensing system and registry shall	28181
continue to apply to the information or material after the	28182
information or material is provided to the nationwide mortgage	28183
licensing system and registry. The information and material so	28184
provided may be released to any state or federal regulatory	28185
official with mortgage industry oversight authority without the	28186
loss of confidentiality or privilege protections provided by	28187
federal law or the law of any state. Information or material	28188
described in division (E)(1) of this section to which	28189
confidentiality or privilege applies shall not be subject to any	28190
of the following:	28191

(a) Disclosure under any federal or state law governing	28192
disclosure to the public of information held by an officer or an	28193
agency of the federal government or of the respective state;	28194

(b) Subpoena or discovery, or admission into evidence, in any	28195
private civil action or administrative process, unless the person	28196
to whom such information or material pertains waives, in whole or	28197
in part and at the discretion of the person, any privilege held by	28198
the nationwide mortgage licensing system and registry with respect	28199
to that information or material.	28200

(2) The superintendent, in order to promote more effective	28201
regulation and reduce regulatory burden through supervisory	28202
information sharing, may enter into sharing arrangements with	28203
other governmental agencies, the conference of state bank	28204
supervisors, and the American association of residential mortgage	28205
regulators.	28206

(3) Any state law, including section 149.43 of the Revised	28207
Code, relating to the disclosure of confidential supervisory	28208
information or any information or material described in division	28209
(A)(1) or (E)(1) of this section that is inconsistent with this	28210
section shall be superseded by the requirements of this section.	28211

(F) This section shall not apply with respect to information	28212
or material relating to the employment history of, and publicly	28213
adjudicated disciplinary and enforcement actions against, loan	28214
originators that is included in the nationwide mortgage licensing	28215
system and registry for access by the public.	28216

(G) This section does not prevent the division from releasing	28217
information relating to registrants and licensees to the attorney	28218
general, to the superintendent of real estate and professional	28219
licensing for purposes relating to the administration of Chapters	28220
4735. and 4763. of the Revised Code, to the superintendent of	28221
insurance for purposes relating to the administration of Chapter	28222
3953. of the Revised Code, to the commissioner of securities for	28223
purposes relating to the administration of Chapter 1707. of the	28224
Revised Code, or to local law enforcement agencies and local	28225
prosecutors. Information the division releases pursuant to this	28226
section remains confidential.	28227

(H) The superintendent of financial institutions shall, by	28228
rule adopted in accordance with Chapter 119. of the Revised Code,	28229
establish a process by which loan originators may challenge any	28230
information provided to the nationwide mortgage licensing system	28231
and registry by the superintendent.	28232

Sec. 1322.062. (A)(1) Within three business days after taking	28233
an application for a residential mortgage loan from a buyer, a	28234
registrant or licensee shall deliver to the buyer a residential	28235
mortgage loan origination disclosure statement that contains all	28236
of the following:	28237

(a) The name, address, and telephone number of the buyer;

28238

(b) The typewritten name of the loan ~~officer~~originator and	28239
the number designated on the loan ~~officer's~~originator's license;	28240

(c) The street address, telephone number, and facsimile	28241
number of the registrant and the number designated on the	28242
registrant's certificate of registration;	28243

(d) The signature of the loan ~~officer~~originator or	28244
registrant;	28245

(e) A statement indicating whether the buyer is to pay for	28246
the services of a bona fide third party if the registrant is	28247
unable to assist the buyer in obtaining a mortgage;	28248

(f) A statement that describes the method by which the fee to	28249
be paid by the buyer to the registrant will be calculated and a	28250
good faith estimate of the total amount of that fee;	28251

(g) A statement that the lender may pay compensation to the	28252
registrant;	28253

(h) A description of all the services the registrant has	28254
agreed to perform for the buyer;	28255

(i) A statement that the buyer has not entered into an	28256
exclusive agreement for brokerage services;	28257

(j) If the residential mortgage loan applied for will exceed	28258
ninety per cent of the value of the real property, a statement,	28259
printed in boldface type of the minimum size of sixteen points,	28260
as follows: "You are applying for a loan that is more than 90% of	28261
your home's value. It will be hard for you to refinance this	28262
loan. If you sell your home, you might owe more money on the loan	28263
than you get from the sale."	28264

(k) To acknowledge receipt, the signature of the buyer.

28265

(2) If the loan is a covered loan as defined in section	28266
1349.25 of the Revised Code, the registrant shall also deliver a	28267
copy of the residential mortgage loan origination disclosure	28268
statement to the lender.	28269

(B) If there is any change in the information provided under	28270
division (A)(1) of this section, the registrant or licensee shall	28271
provide the buyer with the revised residential mortgage loan	28272
origination disclosure statement and a written explanation of why	28273
the change occurred no later than twenty-four hours after the	28274
change occurs, or twenty-four hours before the loan is closed,	28275
whichever is earlier.	28276

(C) A registrant or licensee shall deliver to the buyer,	28277
immediately upon receipt, a copy of any nonproprietary or	28278
publicly available credit score and report obtained regarding the	28279
buyer by the registrant or licensee for the purpose of the	28280
residential mortgage loan application;	28281

If the loan ~~officer~~originator or registrant uses an	28282
automated valuation model to determine an appraisal report, the	28283
registrant or licensee also shall include a copy of the automated	28284
valuation model report.	28285

(D) A registrant or licensee shall deliver to the buyer, at	28286
the same time that the registrant or licensee delivers the	28287
residential mortgage loan origination disclosure statement	28288
pursuant to division (A) of this section, a good faith estimate	28289
statement that discloses the amount of or range of charges for	28290
the specific settlement services the buyer is likely to incur in	28291
connection with the residential mortgage loan. The good faith	28292
estimate statement shall meet the requirements of the "Real	28293
Estate Settlement Procedures Act," 88 Stat. 1724 (1974)., 12	28294
U.S.C.A. 2601 et seq., and shall include the following underlined	28295
notice in at least ten-point type, new roman style:	28296

"Nature of Relationship: In connection with this residential	28297
mortgage loan, you, the borrower(s), has/have requested assistance	28298
from ............ (company name) in arranging credit. We do not	28299
distribute all products in the marketplace and cannot guarantee	28300
the lowest rate.	28301

Termination: This agreement will continue until one of the	28302
following events occur:	28303

1. The loan closes.

28304

2. The request is denied.

28305

3. The borrower withdraws the request.

28306

4. The borrower decides to use another source for	28307
origination.	28308

5. The borrower is provided a revised good faith estimate	28309
statement.	28310

Notice to borrower(s): Signing this document does not obligate you	28311
to obtain a residential mortgage loan through this mortgage	28312
originator nor is this a loan commitment or an approval; nor is	28313
your interest rate locked at this time unless otherwise disclosed	28314
on a separate Rate Lock Disclosure Form. Do not sign this	28315
document until you have read and understood the information in	28316
it. You will receive a ~~re-disclosure~~ redisclosure of any increase	28317
in interest rate or if the total sum of disclosed	28318
settlement/closing costs increases by 10% or more of the original	28319
estimate. Should any such increase occur;, mandatory	28320
~~re-disclosure~~ redisclosure must occur prior to the settlement or	28321
close of escrow."	28322

(E) No registrant or licensee shall fail to comply with this	28323
section.	28324

Sec. 1322.063. (A) In addition to the disclosures required	28325
under section 1322.062 of the Revised Code, a registrant or	28326
licensee shall, not earlier than three business days nor later	28327
than twenty-four hours before a loan is closed, deliver to the	28328
buyer a written disclosure that includes the following:	28329

(1) A statement indicating whether property taxes will be	28330
escrowed;	28331

(2) A description of what is covered by the regular monthly	28332
payment, including principal, interest, taxes, and insurance, as	28333
applicable.	28334

(B) No registrant or licensee shall fail to comply with this	28335
section.	28336

Sec. 1322.064. (A) No registrant or licensee shall fail to do	28337
either of the following:	28338

(1) Timely inform the buyer of any material change in the	28339
terms of the residential mortgage loan. For purposes of division	28340
(A)(1) of this section, "material change" means the following:	28341

(a) A change in the type of residential mortgage loan being	28342
offered, such as a fixed or variable rate loan or a loan with a	28343
balloon payment;	28344

(b) A change in the term of the residential mortgage loan, as	28345
reflected in the number of monthly payments due before a final	28346
payment is scheduled to be made;	28347

28348

(d) A change in the regular total monthly payment of,	28349
including principal ~~and~~, interest, any required mortgage	28350
insurance, and any escrowed taxes or property insurance, of more	28351
than five per cent;	28352

(e) A change regarding whether the escrow of taxes or	28353
insurance is required;	28354

(f) A change regarding ~~the payment of~~whether private	28355
mortgage insurance is required.	28356

(2) Timely inform the buyer if any fees payable by the buyer	28357
to the licensee, registrant, or lender increase by more than ten	28358
per cent or one hundred dollars, whichever is greater.	28359

(B) The disclosures required by this section shall be deemed	28360
timely if the registrant or licensee provides the buyer with the	28361
revised information not later than twenty-four hours after the	28362
change occurs, or twenty-four hours before the loan is closed,	28363
whichever is earlier.	28364

(C) If an increase in the total amount of the fee to be paid	28365
by the buyer to the registrant or licensee is not disclosed in	28366
accordance with division (A)(2) of this section, the registrant or	28367
licensee shall refund to the buyer the amount by which the fee was	28368
increased. If the fee is financed into the loan, the registrant or	28369
licensee shall also refund to the buyer the interest that would	28370
accrue over the term of the loan on that excess amount.	28371

Sec. 1322.065. A person registered as a mortgage broker	28372
solely to sell leads of potential buyers to residential mortgage	28373
lenders or mortgage brokers, or solely to match buyers with	28374
residential mortgage lenders or mortgage brokers through a	28375
computerized loan origination system recognized by the United	28376
States department of housing and urban development, shall be	28377
required to make only those disclosures under sections 1322.01 to	28378
1322.12 of the Revised Code that apply to the portion of the	28379
transaction during which they have direct buyer contact, and shall	28380
be subject to all fair conduct and prohibition requirements in	28381
their dealing with buyers.	28382

Sec. 1322.07. No ~~mortgage broker,~~ registrant, licensee, or	28383
~~applicant for a certificate of registration~~person required to be	28384
registered or ~~license~~licensed under sections 1322.01 to 1322.12	28385
of the Revised Code, or individual disclosed in an application as	28386
required by division (A)(2) of section 1322.03 of the Revised Code	28387
shall do any of the following:	28388

(A) Obtain a mortgage broker certificate of registration or	28389
loan originator license through any false or fraudulent	28390
representation of a material fact or any omission of a material	28391
fact required by state law, or make any substantial	28392
misrepresentation in any registration or license application;	28393

(B) Make false or misleading statements of a material fact,	28394
omissions of statements required by state or federal law, or false	28395
promises regarding a material fact, through advertising or other	28396
means, or engage in a continued course of misrepresentations;	28397

(C) Engage in conduct that constitutes improper, fraudulent,	28398
or dishonest dealings;	28399

(D) Fail to notify the division of financial institutions	28400
within thirty days after ~~the registrant, licensee, or applicant,~~	28401
~~in a court of competent jurisdiction of this state or any other~~	28402
~~state, is~~any of the following:	28403

(1) Being convicted of or pleading guilty to a felony in a	28404
domestic, foreign, or military court;	28405

(2) Being convicted of or ~~pleads~~pleading guilty to any	28406
criminal offense involving theft, receiving stolen property,	28407
embezzlement, forgery, fraud, passing bad checks, money	28408
laundering, breach of trust, dishonesty, or drug trafficking, or	28409
any criminal offense involving money or securities;	28410

(3) Having a mortgage broker certificate of registration or	28411
loan originator license, or any comparable authority, revoked in	28412
any governmental jurisdiction.	28413

(E) Knowingly make, propose, or solicit fraudulent, false, or	28414
misleading statements on any mortgage loan document or on any	28415
document related to a mortgage loan, including a mortgage	28416
application, real estate appraisal, or real estate settlement or	28417
closing document. For purposes of this division, "fraudulent,	28418
false, or misleading statements" does not include mathematical	28419
errors, inadvertent transposition of numbers, typographical	28420
errors, or any other bona fide error.	28421

(F) Knowingly instruct, solicit, propose, or otherwise cause	28422
a buyer to sign in blank a mortgage related document;	28423

(G) Knowingly compensate, instruct, induce, coerce, or	28424
intimidate, or attempt to compensate, instruct, induce, coerce, or	28425
intimidate, a person licensed or certified under Chapter 4763. of	28426
the Revised Code for the purpose of corrupting or improperly	28427
influencing the independent judgment of the person with respect to	28428
the value of the dwelling offered as security for repayment of a	28429
mortgage loan;	28430

(H) Promise to refinance a loan in the future at a lower	28431
interest rate or with more favorable terms, unless the promise is	28432
set forth in writing and is initialed by the buyer;	28433

(I) Engage in any unfair, deceptive, or unconscionable act or	28434
practice prohibited under sections 1345.01 to 1345.13 of the	28435
Revised Code.	28436

Sec. 1322.071. (A) As used in this section, "bona fide third	28437
party" has the same meaning as in section 1322.08 of the Revised	28438
Code.	28439

(B) No mortgage broker, registrant, loan originator, or	28440
licensee shall do any of the following:	28441

(1) Retain original documents provided to the mortgage	28442
broker, registrant, loan originator, or licensee by the buyer in	28443
connection with the residential mortgage loan application,	28444
including income tax returns, account statements, or other	28445
financial related documents;	28446

(2) Receive, directly or indirectly, a premium on the fees	28447
charged for services performed by a bona fide third party;	28448

(3) Pay or receive, directly or indirectly, a referral fee or	28449
kickback of any kind to or from a bona fide third party or other	28450
party with a related interest in the transaction, ~~such as~~	28451
including a home improvement builder, real estate developer, or	28452
real estate broker or agent, for the referral of business.	28453

(C) No registrant, through its operations manager or	28454
otherwise, shall fail to do either of the following:	28455

(1) Reasonably supervise a loan originator or other persons	28456
associated with the registrant;	28457

(2) Establish reasonable procedures designed to avoid	28458
violations of sections 1322.01 to 1322.12 of the Revised Code or	28459
rules adopted thereunder, or violations of applicable state and	28460
federal consumer and lending laws or rules, by loan originators	28461
or other persons associated with the registrant.	28462

Sec. 1322.072. No person, in connection with any examination	28463
or investigation conducted by the superintendent of financial	28464
institutions under sections 1322.01 to 1322.12 of the Revised	28465
Code, shall knowingly do ~~either~~any of the following:	28466

(A) Circumvent, interfere with, obstruct, or fail to	28467
cooperate, including making a false or misleading statement,	28468
failing to produce records, or intimidating or suborning any	28469
witness;	28470

(B) Tamper with, alter, or manufacture any evidence;

28471

(C) Withhold, abstract, remove, mutilate, destroy, or secrete	28472
any books, records, computer records, or other information.	28473

Sec. 1322.074. (A) ~~As used in this section and section~~	28474
~~1322.075 of the Revised Code:~~	28475

~~(1) "Appraisal company" means a sole proprietorship,~~	28476
~~partnership, corporation, limited liability company, or any other~~	28477
~~business entity or association, that employs or retains the~~	28478
~~services of a person licensed or certified under Chapter 4763. of~~	28479
~~the Revised Code for purposes of performing residential real~~	28480
~~estate appraisals for mortgage loans.~~	28481

~~(2) "Immediate family" means a spouse residing in the~~	28482
~~person's household and any dependent child.~~	28483

~~(B)~~ Except as otherwise provided in division ~~(C)~~(B) of this	28484
section, no registrant, or any member of the ~~registrant's~~	28485
immediate family of an owner of a registrant, shall own or control	28486
a majority interest in an appraisal company.	28487

~~(C)~~(B) Division ~~(B)~~(A) of this section shall not apply to any	28488
registrant, or any member of the ~~registrant's~~ immediate family of	28489
an owner of a registrant, who, on the effective date of this	28490
~~section~~amendment, directly or indirectly owns or controls a	28491
majority interest in an appraisal company. However, such	28492
ownership or control is subject to the following conditions:	28493

(1) The registrant and members of the ~~registrant's~~ immediate	28494
family of an owner of a registrant shall not increase their	28495
interest in the company.	28496

(2) The interest is not transferable to a member of the	28497
~~registrant's~~ immediate family of an owner of a registrant.	28498

(3) If the registrant is convicted of or pleads guilty to a	28499
criminal violation of sections 1322.01 to 1322.12 of the Revised	28500
Code or any criminal offense described in division (A)(1)(b) of	28501
section 1322.10 of the Revised Code, the superintendent of	28502
financial institutions may, ~~as an alternative~~in addition to any	28503
of the actions authorized under section 1322.10 of the Revised	28504
Code, order the registrant or members of the ~~registrant's~~	28505
immediate family of an owner of a registrant to divest their	28506
interest in the company.	28507

Sec. 1322.075. (A) No registrant or licensee or person	28508
required to be registered or licensed under ~~this chapter~~sections	28509
1322.01 to 1322.12 of the Revised Code shall refer a buyer to any	28510
settlement service provider, including any title insurance	28511
company, without providing the buyer with written notice	28512
disclosing all of the following:	28513

(1) Any business relationship that exists between the	28514
registrant, licensee, or person required to be registered or	28515
licensed under ~~this chapter~~sections 1322.01 to 1322.12 of the	28516
Revised Code, and the provider to which the buyer is being	28517
referred, and any financial benefit that the registrant, licensee,	28518
or person may be provided because of the relationship;	28519

(2) The percentage of ownership interest the registrant,	28520
licensee, or person required to be registered or licensed under	28521
~~this chapter~~sections 1322.01 to 1322.12 of the Revised Code has	28522
in the provider to which the buyer is being referred;	28523

(3) The estimated charge or range of charges for the	28524
settlement service listed;	28525

(4) The following statement, printed in boldface type of the	28526
minimum size of sixteen points: "There are frequently other	28527
settlement service providers available with similar services. You	28528
are free to shop around to determine that you are receiving the	28529
best services and the best rate for these services."	28530

(B) No registrant or licensee shall refer a buyer to an	28531
appraisal company, if the registrant or licensee, a member of the	28532
immediate family of an owner of the registrant, or a member of the	28533
~~registrant's or~~ licensee's immediate family, has either of the	28534
following financial relationships with the appraisal company:	28535

(1) An ownership or investment interest in the company,	28536
whether through debt, equity, or other means;	28537

(2) Any compensation arrangement involving any remuneration,	28538
directly or indirectly, overtly or covertly, in cash or in kind.	28539

(C) No registrant or licensee shall knowingly enter into an	28540
arrangement or scheme, including a cross-referral arrangement,	28541
that has a principal purpose of assuring referrals by a registrant	28542
or licensee to a particular appraisal company that would violate	28543
division (B) of this section.	28544

(D) The registrant, licensee, or person required to be	28545
registered or licensed under ~~this chapter~~sections 1322.01 to	28546
1322.12 of the Revised Code shall retain proof that the buyer	28547
received the written disclosures required by division (A) of this	28548
section for four years.	28549

Sec. 1322.08. (A) No registrant shall fail to do any of the	28550
following:	28551

(1) Maintain a special account;

28552

(2) Deposit into the registrant's special account any bona	28553
fide third-party fee the registrant receives;	28554

(3) Pay bona fide third-party fees to a bona fide third party	28555
from the registrant's special account.	28556

(B) Except as otherwise provided in ~~this division~~sections	28557
1322.01 to 1322.12 of the Revised Code, no registrant shall charge	28558
or receive, directly or indirectly, fees for assisting a buyer in	28559
obtaining a residential mortgage loan, until all of the services	28560
that the registrant has agreed to perform for the buyer are	28561
completed, and the proceeds of the residential mortgage loan have	28562
been disbursed to or on behalf of the buyer. However, prior to	28563
completion of such services the following fees may be paid for	28564
services performed by a bona fide third party in assisting the	28565
buyer to obtain a residential mortgage loan if the fees are either	28566
paid directly by the buyer to the bona fide third party or, except	28567
as provided in division (B)(5) of this section, the fees are	28568
deposited by the registrant into the registrant's special account	28569
for services performed by the bona fide third party:	28570

(1) Fees to obtain a report from a credit reporting agency;

28571

(2) Fees for notary services;

28572

(3) Fees for the performance of a title search, appraisal of	28573
the real estate, or survey of the real estate;	28574

(4) Fees charged by a lender for locking in an interest rate	28575
in connection with obtaining or refinancing a residential mortgage	28576
loan, provided that the fees do not exceed an amount equal to one	28577
and one-half per cent of the mortgage loan amount;	28578

(5) Fees not exceeding five hundred dollars paid directly by	28579
the buyer to a state or federal government agency or	28580
instrumentality for purposes of processing a mortgage application	28581
relating to a government sponsored or guaranteed mortgage program.	28582

(C) If fees are paid by a buyer for the performance of any of	28583
the services described in division (B)(3) of this section and the	28584
registrant is unable to assist in obtaining a mortgage for the	28585
buyer, the registrant shall return to the buyer the original	28586
documents prepared by the bona fide third party at the time that	28587
the request for the mortgage is refused or denied. With respect to	28588
any appraisal, however, the registrant may return either the	28589
original or a copy. No registrant shall fail to comply with this	28590
division.	28591

(D) For purposes of this section:

28592

(1) "Bona fide third party" means a person that is not an	28593
employee of, related to, or affiliated with, the registrant, and	28594
that is not used for the purpose of circumvention or evasion of	28595
this section.	28596

(2) "Special account" means aan insured depository account	28597
with a ~~financial~~depository institution~~, the deposits of which are~~	28598
~~insured by the federal deposit insurance corporation,~~ that is	28599
separate and distinct from any personal or other account of the	28600
registrant, and that is maintained solely for the holding and	28601
payment of fees described in this section for services performed	28602
by bona fide third parties and received by the registrant from	28603
buyers that the registrant assists in obtaining mortgages.	28604

Sec. 1322.081. (A) A registrant, licensee, and any person	28605
required to be registered or licensed under ~~this chapter~~sections	28606
1322.01 to 1322.12 of the Revised Code, in addition to duties	28607
imposed by other statutes or common law, shall do all of the	28608
following:	28609

(1) Safeguard and account for any money handled for the	28610
~~borrower~~buyer;	28611

(2) Follow reasonable and lawful instructions from the	28612
~~borrower~~buyer;	28613

(3) Act with reasonable skill, care, and diligence;

28614

(4) Act in good faith and with fair dealing in any	28615
transaction, practice, or course of business in connection with	28616
the brokering or originating of any residential mortgage loan;	28617

(5) Make reasonable efforts to secure a residential mortgage	28618
loan, from lenders with whom the registrant, licensee, or person	28619
regularly does business, with rates, charges, and repayment terms	28620
that are advantageous to the ~~borrower~~buyer.	28621

(B) Division (A) of this section shall not apply to wholesale	28622
lenders. However, wholesale lenders are subject to all other	28623
requirements applicable to mortgage brokers and nonbank mortgage	28624
lenders. For purposes of this division, "wholesale lender" means a	28625
company that has been issued a mortgage broker certificate of	28626
registration and that enters into transactions with buyers	28627
exclusively through unaffiliated third-party mortgage brokers.	28628

(C) The duties and standards of care created in this section	28629
cannot be waived or modified.	28630

(D)(1) A buyer injured by a violation of this section may	28631
bring an action for recovery of damages.	28632

(2) Damages awarded under division (D)(1) of this section	28633
shall not be less than all compensation paid directly or	28634
indirectly to a mortgage broker from any source, plus reasonable	28635
attorney's fees and court costs.	28636

(3) The buyer may be awarded punitive damages.

28637

(E) A buyer injured by a violation of this section is	28638
precluded from recovering any damages, plus reasonable attorney's	28639
fees and costs, if the buyer has also recovered any damages in a	28640
cause of action initiated under section 1322.11 of the Revised	28641
Code and the recovery of damages for a violation of this section	28642
is based on the same acts or circumstances as the basis for	28643
recovery of damages in section 1322.11 of the Revised Code.	28644

Sec. 1322.09. (A) A mortgage broker or loan originator shall	28645
disclose in any printed, televised, broadcast, electronically	28646
transmitted, or published advertisement relating to the mortgage	28647
broker's or loan originator's services, including on any	28648
electronic site accessible through the internet, the name and	28649
street address of the mortgage broker or loan originator and the	28650
number designated on the certificate of registration or license	28651
that is issued to the mortgage broker or loan originator by the	28652
superintendent of financial institutions under sections 1322.01	28653
to 1322.12 of the Revised Code.	28654

(B) In making any advertisement, a mortgage broker shall	28655
comply with 12 C.F.R. 226.16, as amended.	28656

(C) No mortgage broker or loan originator shall fail to	28657
comply with this section.	28658

Sec. 1322.10. (A) After notice and opportunity for a hearing	28659
conducted in accordance with Chapter 119. of the Revised Code, the	28660
superintendent of financial institutions may do the following:	28661

(1) Suspend, revoke, or refuse to issue or renew a	28662
certificate of registration or license if the superintendent finds	28663
~~either~~any of the following:	28664

(a) A violation of or failure to comply with any provision of	28665
sections 1322.01 to 1322.12 of the Revised Code or the rules	28666
adopted under those sections, federal lending law, or any other	28667
law applicable to the business conducted under a certificate of	28668
registration or license;	28669

(b) A conviction of or guilty plea to a felony in a domestic,	28670
foreign, or military court;	28671

(c) A conviction of or guilty plea to any criminal offense	28672
involving theft, receiving stolen property, embezzlement, forgery,	28673
fraud, passing bad checks, money laundering, breach of trust,	28674
dishonesty, or drug trafficking, or any criminal offense involving	28675
money or securities, in a domestic, foreign, or military court;	28676

(d) The revocation of a mortgage broker certificate of	28677
registration or loan originator license, or any comparable	28678
authority, in any governmental jurisdiction.	28679

(2) Impose a fine of not more than one thousand dollars, for	28680
each day a violation of a law or rule is committed, repeated, or	28681
continued. If the registrant or licensee engages in a pattern of	28682
repeated violations of a law or rule, the superintendent may	28683
impose a fine of not more than two thousand dollars for each day	28684
the violation is committed, repeated, or continued. All fines	28685
collected pursuant to this division shall be paid to the treasurer	28686
of state to the credit of the consumer finance fund created in	28687
section 1321.21 of the Revised Code. In determining the amount of	28688
a fine to be imposed pursuant to this division, the superintendent	28689
~~shall~~may consider all of the following, to the extent known by	28690
the division of financial institutions:	28691

(a) The seriousness of the violation;

28692

(b) The registrant's or licensee's good faith efforts to	28693
prevent the violation;	28694

(c) The registrant's or licensee's history regarding	28695
violations and compliance with division orders;	28696

(d) The registrant's or licensee's financial resources;

28697

(e) Any other matters the superintendent considers	28698
appropriate in enforcing sections 1322.01 to 1322.12 of the	28699
Revised Code.	28700

(B) The superintendent may investigate alleged violations of	28701
sections 1322.01 to 1322.12 of the Revised Code or the rules	28702
adopted under those sections or complaints concerning any ~~such~~	28703
violation. ~~The~~	28704

(1) The superintendent may make application to the court of	28705
common pleas for an order enjoining any ~~such~~ violation, and, upon	28706
a showing by the superintendent that a person has committed or is	28707
about to commit ~~such a~~that violation, the court shall grant an	28708
injunction, restraining order, or other appropriate relief.	28709

(2) The superintendent may make application to the court of	28710
common pleas for an order enjoining any person from acting as a	28711
mortgage broker, registrant, loan originator, or licensee in	28712
violation of division (A) or (B) of section 1322.02 of the Revised	28713
Code, and may seek and obtain civil penalties for unregistered or	28714
unlicensed conduct of not more than five thousand dollars per	28715
violation.	28716

(C) In conducting any investigation pursuant to this section,	28717
the superintendent may compel, by subpoena, witnesses to testify	28718
in relation to any matter over which the superintendent has	28719
jurisdiction and may require the production of any book, record,	28720
or other document pertaining to that matter. If a person fails to	28721
file any statement or report, obey any subpoena, give testimony,	28722
produce any book, record, or other document as required by a	28723
subpoena, or permit photocopying of any book, record, or other	28724
document subpoenaed, the court of common pleas of any county in	28725
this state, upon application made to it by the superintendent,	28726
shall compel obedience by attachment proceedings for contempt, as	28727
in the case of disobedience of the requirements of a subpoena	28728
issued from the court or a refusal to testify therein.	28729

(D) If the superintendent determines that a person is engaged	28730
in or is believed to be engaged in activities that may constitute	28731
a violation of sections 1322.01 to 1322.12 of the Revised Code or	28732
any rule adopted thereunder, the superintendent, after notice and	28733
a hearing conducted in accordance with Chapter 119. of the	28734
Revised Code, may issue a cease and desist order. If the	28735
administrative action is to enjoin a person from acting as a	28736
mortgage broker or loan originator in violation of division (A) or	28737
(B) of section 1322.02 of the Revised Code, the superintendent may	28738
seek and impose fines for that conduct in an amount not to exceed	28739
five thousand dollars per violation. Such an order shall be	28740
enforceable in the court of common pleas.	28741

(E) If the superintendent revokes ~~the~~a mortgage broker	28742
certificate of registration or loan originator license ~~of a~~	28743
~~registrant or licensee who is convicted of or pleads guilty to a~~	28744
~~criminal violation of any provision of sections 1322.01 to 1322.12~~	28745
~~of the Revised Code or any criminal offense described in division~~	28746
~~(A)(1)(b) of this section~~, the revocation shall be permanent and	28747
with prejudice.	28748

(F)(1) To protect the public interest, the superintendent	28749
may, without a prior hearing, do any of the following:	28750

(a) Suspend the mortgage broker certificate of registration	28751
or loan originator license of a registrant or licensee who is	28752
convicted of or pleads guilty to a criminal violation of any	28753
provision of sections 1322.01 to 1322.12 of the Revised Code or	28754
any criminal offense described in division (A)(1)(b) or (c) of	28755
this section;	28756

(b) Suspend the mortgage broker certificate of registration	28757
of a registrant who violates division (F) of section 1322.05 of	28758
the Revised Code;	28759

(c) Suspend the mortgage broker certificate of registration	28760
or loan originator license of a registrant or licensee who fails	28761
to comply with a request made by the superintendent under section	28762
1322.03 or 1322.031 of the Revised Code to inspect qualifying	28763
education transcripts located at the registrant's or licensee's	28764
place of business.	28765

(2) The superintendent ~~shall, without a prior hearing,~~	28766
~~suspend the certificate of registration of a registrant whose~~	28767
~~operations manager has failed to fulfill the continuing education~~	28768
~~requirements of section 1322.052 of the Revised Code and suspend~~	28769
~~the license of a licensee who has failed to fulfill those~~	28770
~~continuing education requirements. The suspension shall continue~~	28771
~~until such time as the required continuing education is completed~~	28772
~~and a fine of five hundred dollars is paid to the treasurer of~~	28773
~~state to the credit of the consumer finance fund.~~	28774

~~(3) The superintendent~~ may, in accordance with Chapter 119.	28775
of the Revised Code, subsequently revoke any registration or	28776
license suspended under division (F)(1) of this section.	28777

~~(4)~~(3) The superintendent shall, in accordance with Chapter	28778
119. of the Revised Code, adopt rules establishing the maximum	28779
amount of time a suspension under division (F)(1) of this section	28780
may continue before a hearing is conducted.	28781

(G) The imposition of fines under this section does not	28782
preclude any penalty imposed under section 1322.99 of the Revised	28783
Code.	28784

Sec. 1322.11. (A)(1) A buyer injured by a violation of	28785
section 1322.02, 1322.062, 1322.063, 1322.064, 1322.07, 1322.071,	28786
1322.08, or 1322.09 of the Revised Code may bring an action for	28787
recovery of damages.	28788

(2) Damages awarded under division (A)(1) of this section	28789
shall not be less than all compensation paid directly and	28790
indirectly to a mortgage broker or loan originator from any	28791
source, plus reasonable attorney's fees and court costs.	28792

(3) The buyer may be awarded punitive damages.

28793

(B)(1) The superintendent of financial institutions or a	28794
buyer may directly bring an action to enjoin a violation of	28795
sections 1322.01 to 1322.12 of the Revised Code. The attorney	28796
general may directly bring an action to enjoin a violation of	28797
sections 1322.01 to 1322.12 of the Revised Code with the same	28798
rights, privileges, and powers as those described in section	28799
1345.06 of the Revised Code. The prosecuting attorney of the	28800
county in which the action may be brought may bring an action to	28801
enjoin a violation of sections 1322.01 to 1322.12 of the Revised	28802
Code only if the prosecuting attorney first presents any evidence	28803
of the violation to the attorney general and, within a reasonable	28804
period of time, the attorney general has not agreed to bring the	28805
action.	28806

(2) The superintendent may initiate criminal proceedings	28807
under sections 1322.01 to 1322.12 of the Revised Code by	28808
presenting any evidence of criminal violation to the prosecuting	28809
attorney of the county in which the offense may be prosecuted. If	28810
the prosecuting attorney does not prosecute the violations, or at	28811
the request of the prosecuting attorney, the superintendent shall	28812
present any evidence of criminal violations to the attorney	28813
general, who may proceed in the prosecution with all the rights,	28814
privileges, and powers conferred by law on prosecuting attorneys,	28815
including the power to appear before grand juries and to	28816
interrogate witnesses before such grand juries. These powers of	28817
the attorney general shall be in addition to any other applicable	28818
powers of the attorney general.	28819

(3) The prosecuting attorney of the county in which an	28820
alleged offense may be prosecuted may initiate criminal	28821
proceedings under sections 1322.01 to 1322.12 of the Revised Code.	28822

(4) In order to initiate criminal proceedings under sections	28823
1322.01 to 1322.12 of the Revised Code, the attorney general shall	28824
first present any evidence of criminal violations to the	28825
prosecuting attorney of the county in which the alleged offense	28826
may be prosecuted. If, within a reasonable period of time, the	28827
prosecuting attorney has not agreed to prosecute the violations,	28828
the attorney general may proceed in the prosecution with all the	28829
rights, privileges, and powers described in division (B)(2) of	28830
this section.	28831

(5) When a judgment under this section becomes final, the	28832
clerk of court shall mail a copy of the judgment, including	28833
supporting opinions, to the superintendent.	28834

(C) The remedies provided by this section are in addition to	28835
any other remedy provided by law.	28836

(D) In any proceeding or action brought under sections	28837
1322.01 to 1322.12 of the Revised Code, the burden of proving an	28838
exemption under those sections is on the person claiming the	28839
benefit of the exemption.	28840

(E) No person shall be deemed to violate sections 1322.01 to	28841
1322.12 of the Revised Code with respect to any act taken or	28842
omission made in reliance on a written notice, written	28843
interpretation, or written report from the superintendent, unless	28844
there is a subsequent amendment to those sections, or rules	28845
promulgated thereunder, that affects the superintendent's notice,	28846
interpretation, or report.	28847

(F) Upon disbursement of mortgage loan proceeds to or on	28848
behalf of the buyer, the registrant that assisted the buyer to	28849
obtain the mortgage loan is deemed to have completed the	28850
performance of the registrant's services for the buyer and owes no	28851
additional duties or obligations to the buyer with respect to the	28852
mortgage loan. However, nothing in this division shall be	28853
construed to limit or preclude the civil or criminal liability of	28854
a registrant for failing to comply with sections 1322.01 to	28855
1322.12 of the Revised Code or any rule adopted under those	28856
sections, for failing to comply with any provision of or duty	28857
arising under an agreement with a buyer or lender under sections	28858
1322.01 to 1322.12 of the Revised Code, or for violating any other	28859
provision of state or federal law.	28860

(G) A buyer injured by a violation of any of the sections	28861
specified in division (A)(1) of this section is precluded from	28862
recovering any damages, plus reasonable attorney's fees and costs,	28863
if the buyer has also recovered any damages in a cause of action	28864
initiated under section 1322.081 of the Revised Code and the	28865
recovery of damages for a violation of any of the sections	28866
specified in division (A)(1) of this section is based on the same	28867
acts or circumstances as the basis for recovery of damages in	28868
section 1322.081 of the Revised Code.	28869

Sec. 1322.99. (A) Whoever violates division (A)(1) or (2) of	28870
section 1322.02, division (E), (F), or (G) of section 1322.07,	28871
division (B)(1) or (2) of section 1322.071, or section 1322.08 of	28872
the Revised Code is guilty of a felony of the fifth degree.	28873

(B) Whoever violates division (B)(3) of section 1322.071 of	28874
the Revised Code is guilty of a felony of the fourth degree.	28875

(C) Whoever violates division (B) or (C)(2) of section	28876
1322.02 of the Revised Code is guilty of a misdemeanor of the	28877
first degree.	28878

Sec. 1332.24. (A)(1) In accordance with section 1332.25 of	28879
the Revised Code, the director of commerce may issue to any	28880
person, or renew, a video service authorization, which	28881
authorization confers on the person the authority, subject to	28882
sections 1332.21 to 1332.34 of the Revised Code, to provide video	28883
service in its video service area; construct and operate a video	28884
service network in, along, across, or on public rights-of-way for	28885
the provision of video service; and, when necessary to provide	28886
that service, exercise the power of a telegraph company under	28887
section 4931.04 of the Revised Code. The term of a video service	28888
authorization or authorization renewal shall be ten years.	28889

(2) For the purposes of the "Cable Communications Policy Act	28890
of 1984," Pub. L. No. 98-549, 98 Stat. 2779, 47 U.S.C. 521 et	28891
seq., a video service authorization shall constitute a franchise	28892
under that law, and the director shall be the sole franchising	28893
authority under that law for video service authorizations in this	28894
state.	28895

(3) The director may impose upon and collect an annual	28896
assessment on video service providers. All money collected under	28897
division (A)(3) of this section shall be deposited to the credit	28898
of the division of administration fund created under section	28899
121.08 of the Revised Code. The total amount assessed in a fiscal	28900
year shall not exceed the lesser of four hundred fifty thousand	28901
dollars or, as shall be determined annually by the director, the	28902
department's actual, current fiscal year administrative costs in	28903
carrying out its duties under sections 1332.21 to 1332.34 of the	28904
Revised Code. The director shall allocate that total amount	28905
proportionately among the video service providers to be	28906
assessed, using a formula based on subscriber counts as of the	28907
thirty-first day of December of the preceding calendar year, which	28908
counts shall be submitted to the director not later than the	28909
thirty-first day of January of each year, via a notarized	28910
statement signed by an authorized officer. Any information	28911
submitted by a video service provider to the director for the	28912
purpose of determining subscriber counts shall be considered	28913
trade secret information, shall not be disclosed except by court	28914
order, and shall not constitute a public record under section	28915
149.43 of the Revised Code. On or about the first day of June	28916
of each year, the director shall send to each video service	28917
provider to be assessed written notice of its proportional	28918
amount of the total assessment. The provider shall pay that	28919
amount on a quarterly basis not later than forty-five days after	28920
the end of each calendar quarter. After the initial assessment,	28921
the director annually shall reconcile the amount collected with	28922
the total, current amount assessed pursuant to this section, and	28923
either shall charge each assessed video service provider its	28924
respective proportion of any insufficiency or proportionately	28925
credit the provider's next assessment for any excess collected.	28926

(B)(1) The director may investigate alleged violations of or	28927
failures to comply with division (A) of section 1332.23, division	28928
(A) of this section, division (C) of section 1332.25, division	28929
(C) or (D) of section 1332.26, division (A), (B), or (C) of	28930
section 1332.27, division (A) of section 1332.28, division (A) or	28931
(B) of section 1332.29, or section 1332.30 or 1332.31 of the	28932
Revised Code, or complaints concerning any such violation or	28933
failure. Except as provided in this section, the director has no	28934
authority to regulate video service in this state, including, but	28935
not limited to, the rates, terms, or conditions of that service.	28936

(2) In conducting an investigation under division (B)(1) of	28937
this section, the director, by subpoena, may compel witnesses to	28938
testify in relation to any matter over which the director has	28939
jurisdiction and may require the production of any book, record,	28940
or other document pertaining to that matter. If a person fails to	28941
file any statement or report, obey any subpoena, give testimony,	28942
produce any book, record, or other document as required by a	28943
subpoena, or permit photocopying of any book, record, or other	28944
document subpoenaed, the court of common pleas of any county in	28945
this state, upon application made to it by the director, shall	28946
compel obedience by attachment proceedings for contempt, as in the	28947
case of disobedience of the requirements of a subpoena issued from	28948
the court or a refusal to testify.	28949

(C)(1) If the director finds that a person has violated or	28950
failed to comply with division (A) of section 1332.23, division	28951
(A) of this section, division (C) of section 1332.25, division	28952
(C) or (D) of section 1332.26, division (A), (B), or (C) of	28953
section 1332.27, division (A) of section 1332.28, division (A) or	28954
(B) of section 1332.29, or section 1332.30 or 1332.31 of the	28955
Revised Code, and the person has failed to cure the violation or	28956
failure after reasonable, written notice and reasonable time to	28957
cure, the director may do any of the following:	28958

(a) Apply to the court of common pleas of any county in this	28959
state for an order enjoining the activity or requiring compliance.	28960
Such an action shall be commenced not later than three years after	28961
the date the alleged violation or failure occurred or was	28962
reasonably discovered. Upon a showing by the director that the	28963
person has engaged in a violation or failure to comply, the court	28964
shall grant an injunction, restraining order, or other appropriate	28965
relief.	28966

(b) Enter into a written assurance of voluntary compliance	28967
with the person;	28968

(c) Pursuant to an adjudication under Chapter 119. of the	28969
Revised Code, assess a civil penalty in an amount determined by	28970
the director, including for any failure to comply with an	28971
assurance of voluntary compliance under division (C)(1)(b) of this	28972
section. The amount shall be not more than one thousand dollars	28973
for each day of violation or noncompliance, not to exceed a total	28974
of ten thousand dollars, counting all subscriber impacts as a	28975
single violation or act of noncompliance. In determining whether a	28976
civil penalty is appropriate under division (C)(1)(c) of this	28977
section, the director shall consider all of the following factors:	28978

(i) The seriousness of the noncompliance;

28979

(ii) The good faith efforts of the person to comply;

28980

(iii) The person's history of noncompliance;

28981

(iv) The financial resources of the person;

28982

(v) Any other matter that justice requires.

28983

Civil penalties collected pursuant to division (C)(1)(c) of	28984
this section shall be deposited to the credit of the video service	28985
enforcement fund in the state treasury, which is hereby created,	28986
to be used by the department of commerce in carrying out its	28987
duties under this section.	28988

(2) Pursuant to an adjudication under Chapter 119. of the	28989
Revised Code, the director may revoke, in whole or in part, the	28990
video service authorization of any person that has repeatedly and	28991
knowingly violated or failed to comply with division (A) of	28992
section 1332.23, division (A) of this section, division (C) of	28993
section 1332.25, division (C) or (D) of section 1332.26, division	28994
(A), (B), or (C) of section 1332.27, division (A) of section	28995
1332.28, division (A) or (B) of section 1332.29, or section	28996
1332.30 or 1332.31 of the Revised Code and that has failed to	28997
cure the violations or noncompliances after reasonable written	28998
notice and reasonable time to cure. Such person acts knowingly,	28999
regardless of the person's purpose, when the person is aware that	29000
the person's conduct will probably cause a certain result or will	29001
probably be of a certain nature. A person has knowledge of	29002
circumstances when the person is aware that such circumstances	29003
probably exist.	29004

(3) The court shall conduct a de novo review in any appeal	29005
from an adjudication under division (C)(1)(c) or (C)(2) of this	29006
section.	29007

(D) The public utilities commission has no authority over a	29008
video service provider in its offering of video service or a cable	29009
operator in its offering of cable or video service, or over any	29010
person in its offering of video service pursuant to a competitive	29011
video service agreement.	29012

Sec. 1332.25. (A) An application made to the director of	29013
commerce for a video service authorization under section 1332.24	29014
of the Revised Code shall require and contain only the following:	29015

(1) Specification of the location of the applicant's	29016
principal place of business and the names of the applicant's	29017
principal executive officers;	29018

(2) Specification of the geographic and political boundaries	29019
of the applicant's proposed video service area;	29020

(3) A general description of the type or types of	29021
technologies the applicant will use to deliver the video	29022
programming, which may include wireline, wireless, or any other	29023
alternative technology, subject, as applicable, to section 1332.29	29024
of the Revised Code;	29025

(4) An attestation that the applicant has filed or will	29026
timely file with the federal communications commission all forms	29027
required by that agency in advance of offering video service in	29028
this state;	29029

(5) An attestation that the applicant will comply with	29030
applicable federal, state, and local laws;	29031

(6) An attestation that the applicant is legally,	29032
financially, and technically qualified to provide video service;	29033

(7) A description of the applicant's customer complaint	29034
handling process, including policies on addressing customer	29035
service issues, billing adjustments, and communication with	29036
government officials regarding customer complaints, and a local or	29037
toll-free telephone number at which a customer may contact the	29038
applicant.	29039

(B) For the purpose of division (A)(2) of this section:

29040

(1) The video service areas of video service providers may	29041
overlap.	29042

(2) A specified video service area shall be coextensive with	29043
municipal, township unincorporated area, or county boundaries,	29044
except as authorized under division (B)(3) or (4) of this section,	29045
but nothing in sections 1332.21 to 1332.34 of the Revised Code	29046
shall require a video service provider to provide access to video	29047
service within the entire video service area.	29048

(3) The specified video service area of a person using	29049
telecommunications facilities to provide video service on ~~the~~	29050
~~effective date of this section~~September 24, 2007, or of any other	29051
person later so using telecommunications facilities shall be the	29052
geographic area in which the person offers basic local exchange	29053
service.	29054

(4) Subject to division (C)(2) of section 1332.27 of the	29055
Revised Code, the specified video service area of an applicant	29056
cable operator that offers service under a franchise in effect on	29057
~~the effective date of this section~~September 24, 2007, initially	29058
shall be, at minimum, the franchise area established under that	29059
franchise.	29060

(C) A video service provider shall immediately file an	29061
application to amend its video service authorization with the	29062
director to reflect any change in the information required under	29063
division (A)(1), (2), or (3) of this section. An amendment	29064
pursuant to division (A)(2) of this section shall include any new	29065
delivery technology information required by division (A)(3) of	29066
this section.	29067

(D) Within thirty days after its filing or within thirty days	29068
after the filing of supplemental information necessary to make it	29069
complete, the director shall determine the completeness of an	29070
application filed under division (A) or (C) of this section	29071
relative to the respective requirements of divisions (A), (B), and	29072
(C) of this section and, as applicable, shall notify the applicant	29073
of an incompleteness determination, state the bases for that	29074
determination, and inform the applicant that it may resubmit a	29075
corrected application. The director shall issue a video service	29076
authorization, authorization renewal, or amended authorization	29077
within fifteen days after the director's determination that the	29078
filed application is complete.	29079

If the director does not notify the applicant regarding the	29080
completeness of the application within the time period specified	29081
in this division or does not issue the authorization requested by	29082
a completed application within the applicable time period, the	29083
application shall be deemed complete, and the authorization or	29084
amended authorization deemed issued on the forty-fifth day after	29085
the application's filing date.	29086

(E) An applicant shall pay a two thousand dollar	29087
nonrefundable fee for each application filed under division (A) of	29088
this section and a one hundred dollar nonrefundable fee for each	29089
application to amend filed under division (C) of this section.	29090
Fees collected under this division shall be deposited to the	29091
credit of the video service authorization fund in the state	29092
treasury, which is hereby created, to be used by the department of	29093
commerce in carrying out its duties under ~~this section~~sections	29094
1332.21 to 1332.34 of the Revised Code.	29095

(F)(1) No video service provider shall identify or make	29096
reference to an application fee under division (E) of this section	29097
on any subscriber bill or in conjunction with charging any fee to	29098
the subscriber.	29099

(2) A video service provider may identify or make reference	29100
on a subscriber bill to an assessment under section 1332.24 of the	29101
Revised Code only if the provider opts to pass the cost of the	29102
assessment onto subscribers.	29103

(G) An applicant may identify any information in its	29104
application as trade secret information, and if, upon its written	29105
request to the director, the director reasonably affirms all or	29106
part of that information as trade secret information, the	29107
information so affirmed does not constitute a public record for	29108
the purpose of section 149.43 of the Revised Code.	29109

Sec. 1343.011. (A) As used in this section:

29110

(1) "Discount points" means any charges, whether or not	29111
actually denominated as "discount points," that are paid by the	29112
seller or the buyer of residential real property to a residential	29113
mortgage lender or that are deducted and retained by a residential	29114
mortgage lender from the proceeds of the residential mortgage.	29115
"Discount points" does not include the costs associated with	29116
settlement services as defined in the "Real Estate Settlement	29117
Procedures Act of 1974," 88 Stat. 1724, 12 U.S.C. 2601, amendments	29118
thereto, reenactments thereof, enactments parallel thereto, or in	29119
substitution therefor, or regulations issued thereunder.	29120

(2) "Residential mortgage" means an obligation to pay a sum	29121
of money evidenced by a note and secured by a lien upon real	29122
property located within this state containing two or fewer	29123
residential units or on which two or fewer residential units are	29124
to be constructed and includes such an obligation on a residential	29125
condominium or cooperative unit.	29126

(3) "Residential mortgage lender" means any person, bank, or	29127
savings and loan association that lends money or extends or grants	29128
credit and obtains a residential mortgage to assure payment of the	29129
debt. The term also includes the holder at any time of a	29130
residential mortgage obligation.	29131

(B) Except residential mortgage loans described in division	29132
(B)(3) of section 1343.01 of the Revised Code, no residential	29133
mortgage lender shall receive either directly or indirectly from a	29134
seller or buyer of real estate any discount points in excess of	29135
two per cent of the original principal amount of the residential	29136
mortgage. This division is not a limitation on discount points or	29137
other charges for purposes of section 501(b)(4) of the "Depository	29138
Institutions Deregulation and Monetary Control Act of 1980," 94	29139
Stat. 161, 12 U.S.C.A. 1735f-7a.	29140

(C)(1) Except as provided in division (C)(2) of this section,	29141
residential mortgage obligations may be prepaid or refinanced	29142
without penalty at any time after five years from the execution	29143
date of the mortgage. Prior to such time a prepayment or	29144
refinancing penalty may be provided not in excess of one per cent	29145
of the original principal amount of the residential mortgage.	29146

(2)(a) No penalty may be charged for the prepayment or	29147
refinancing of a residential mortgage obligation of less than	29148
seventy-five thousand dollars that is made or arranged by a	29149
mortgage broker, loan ~~officer~~originator, or nonbank mortgage	29150
lender, as those terms are defined in section 1345.01 of the	29151
Revised Code, and that is secured by a mortgage on a borrower's	29152
real estate that is a first lien on the real estate.	29153

(b) The amount specified in division (C)(2)(a) of this	29154
section shall be adjusted annually on the first day of January by	29155
the annual percentage change in the consumer price index for all	29156
urban consumers, midwest region, all items, as determined by the	29157
bureau of labor statistics of the United States department of	29158
labor or, if that index is no longer published, a generally	29159
available comparable index, as reported on the first day of June	29160
of the year preceding the adjustment. The department of commerce	29161
shall publish the adjusted amounts on its official web site.	29162

Sec. 1345.01. As used in sections 1345.01 to 1345.13 of the	29163
Revised Code:	29164

(A) "Consumer transaction" means a sale, lease, assignment,	29165
award by chance, or other transfer of an item of goods, a service,	29166
a franchise, or an intangible, to an individual for purposes that	29167
are primarily personal, family, or household, or solicitation to	29168
supply any of these things. "Consumer transaction" does not	29169
include transactions between persons, defined in sections 4905.03	29170
and 5725.01 of the Revised Code, and their customers, except for	29171
transactions involving a loan made pursuant to sections 1321.35 to	29172
1321.48 of the Revised Code and transactions in connection with	29173
residential mortgages between loan ~~officers~~originators, mortgage	29174
brokers, or nonbank mortgage lenders and their customers;	29175
transactions between certified public accountants or public	29176
accountants and their clients; transactions between attorneys,	29177
physicians, or dentists and their clients or patients; and	29178
transactions between veterinarians and their patients that	29179
pertain to medical treatment but not ancillary services.	29180

(B) "Person" includes an individual, corporation, government,	29181
governmental subdivision or agency, business trust, estate, trust,	29182
partnership, association, cooperative, or other legal entity.	29183

(C) "Supplier" means a seller, lessor, assignor, franchisor,	29184
or other person engaged in the business of effecting or soliciting	29185
consumer transactions, whether or not the person deals directly	29186
with the consumer. If the consumer transaction is in connection	29187
with a residential mortgage, "supplier" does not include an	29188
assignee or purchaser of the loan for value, except as otherwise	29189
provided in section 1345.091 of the Revised Code. For purposes of	29190
this division, in a consumer transaction in connection with a	29191
residential mortgage, "seller" means a loan ~~officer~~originator,	29192
mortgage broker, or nonbank mortgage lender.	29193

(D) "Consumer" means a person who engages in a consumer	29194
transaction with a supplier.	29195

(E) "Knowledge" means actual awareness, but such actual	29196
awareness may be inferred where objective manifestations indicate	29197
that the individual involved acted with such awareness.	29198

(F) "Natural gas service" means the sale of natural gas,	29199
exclusive of any distribution or ancillary service.	29200

(G) "Public telecommunications service" means the	29201
transmission by electromagnetic or other means, other than by a	29202
telephone company as defined in section 4927.01 of the Revised	29203
Code, of signs, signals, writings, images, sounds, messages, or	29204
data originating in this state regardless of actual call routing.	29205
"Public telecommunications service" excludes a system, including	29206
its construction, maintenance, or operation, for the provision of	29207
telecommunications service, or any portion of such service, by any	29208
entity for the sole and exclusive use of that entity, its parent,	29209
a subsidiary, or an affiliated entity, and not for resale,	29210
directly or indirectly; the provision of terminal equipment used	29211
to originate telecommunications service; broadcast transmission by	29212
radio, television, or satellite broadcast stations regulated by	29213
the federal government; or cable television service.	29214

(H) "Loan ~~officer~~originator" has the same meaning as in	29215
section 1322.01 of the Revised Code, and includes a "mortgage	29216
loan originator" as defined in section 1321.51 of the Revised	29217
Code, except that it does not include an employee of a bank,	29218
savings bank, savings and loan association, credit union, or	29219
credit union service organization organized under the laws of	29220
this state, another state, or the United States; an employee of a	29221
subsidiary of such a bank, savings bank, savings and loan	29222
association, or credit union; or an employee of an affiliate that	29223
(1) controls, is controlled by, or is under common control with,	29224
such a bank, savings bank, savings and loan association, or	29225
credit union and (2) is subject to examination, supervision, and	29226
regulation, including with respect to the affiliate's compliance	29227
with applicable consumer protection requirements, by the board of	29228
governors of the federal reserve system, the comptroller of the	29229
currency, the office of thrift supervision, the federal deposit	29230
insurance corporation, or the national credit union	29231
administration.	29232

(I) "Residential mortgage" or "mortgage" means an obligation	29233
to pay a sum of money evidenced by a note and secured by a lien	29234
upon real property located within this state containing two or	29235
fewer residential units or on which two or fewer residential units	29236
are to be constructed and includes such an obligation on a	29237
residential condominium or cooperative unit.	29238

(J) "Mortgage broker" has the same meaning as in section	29239
1322.01 of the Revised Code, except that it does not include a	29240
bank, savings bank, savings and loan association, credit union, or	29241
credit union service organization organized under the laws of this	29242
state, another state, or the United States; a subsidiary of such a	29243
bank, savings bank, savings and loan association, or credit union;	29244
an affiliate that (1) controls, is controlled by, or is under	29245
common control with, such a bank, savings bank, savings and loan	29246
association, or credit union and (2) is subject to examination,	29247
supervision, and regulation, including with respect to the	29248
affiliate's compliance with applicable consumer protection	29249
requirements, by the board of governors of the federal reserve	29250
system, the comptroller of the currency, the office of thrift	29251
supervision, the federal deposit insurance corporation, or the	29252
national credit union administration; or an employee of any such	29253
entity.	29254

(K) "Nonbank mortgage lender" means any person that engages	29255
in a consumer transaction in connection with a residential	29256
mortgage, except for a bank, savings bank, savings and loan	29257
association, credit union, or credit union service organization	29258
organized under the laws of this state, another state, or the	29259
United States; a subsidiary of such a bank, savings bank, savings	29260
and loan association, or credit union; or an affiliate that (1)	29261
controls, is controlled by, or is under common control with, such	29262
a bank, savings bank, savings and loan association, or credit	29263
union and (2) is subject to examination, supervision, and	29264
regulation, including with respect to the affiliate's compliance	29265
with applicable consumer protection requirements, by the board of	29266
governors of the federal reserve system, the comptroller of the	29267
currency, the office of thrift supervision, the federal deposit	29268
insurance corporation, or the national credit union	29269
administration.	29270

(L) For purposes of divisions (H), (J), and (K) of this	29271
section:	29272

(1) "Control" of another entity means ownership, control, or	29273
power to vote twenty-five per cent or more of the outstanding	29274
shares of any class of voting securities of the other entity,	29275
directly or indirectly or acting through one or more other	29276
persons.	29277

(2) "Credit union service organization" means a CUSO as	29278
defined in 12 C.F.R. 702.2.	29279

Sec. 1345.05. (A) The attorney general shall:

29280

(1) Adopt, amend, and repeal procedural rules;

29281

(2) Adopt as a rule a description of the organization of the	29282
attorney general's office, stating the general courses and methods	29283
of operation of the section of the office of the attorney general,	29284
which is to administer Chapter 1345. of the Revised Code and	29285
methods whereby the public may obtain information or make	29286
submissions or requests, including a description of all forms and	29287
instructions used by that office;	29288

(3) Make available for public inspection all rules and all	29289
other written statements of policy or interpretations adopted or	29290
used by the attorney general in the discharge of the attorney	29291
general's functions, together with all judgments, including	29292
supporting opinions, by courts of this state that determine the	29293
rights of the parties and concerning which appellate remedies have	29294
been exhausted, or lost by the expiration of the time for appeal,	29295
determining that specific acts or practices violate section	29296
1345.02, 1345.03, or 1345.031 of the Revised Code;	29297

(4) Inform consumers and suppliers on a continuing basis of	29298
acts or practices that violate Chapter 1345. of the Revised Code	29299
by, among other things, publishing an informational document	29300
describing acts and practices in connection with residential	29301
mortgages that are unfair, deceptive, or unconscionable, and by	29302
making that information available on the attorney general's	29303
official web site;	29304

(5) Cooperate with state and local officials, officials of	29305
other states, and officials of the federal government in the	29306
administration of comparable statutes;	29307

(6) Report annually on or before the first day of January to	29308
the governor and the general assembly on the operations of the	29309
attorney general in respect to Chapter 1345. of the Revised Code,	29310
and on the acts or practices occurring in this state that violate	29311
such chapter. The report shall include a statement of	29312
investigatory and enforcement procedures and policies, of the	29313
number of investigations and enforcement proceedings instituted	29314
and of their disposition, and of other activities of the state and	29315
of other persons to promote the purposes of Chapter 1345. of the	29316
Revised Code.	29317

(7) In carrying out official duties, the attorney general	29318
shall not disclose publicly the identity of suppliers investigated	29319
or the facts developed in investigations unless these matters have	29320
become a matter of public record in enforcement proceedings, in	29321
public hearings conducted pursuant to division (B)(1) of this	29322
section, or the suppliers investigated have consented in writing	29323
to public disclosure.	29324

(B) The attorney general may:

29325

(1) Conduct research, make inquiries, hold public hearings,	29326
and publish studies relating to consumer transactions;	29327

(2) Adopt, amend, and repeal substantive rules defining with	29328
reasonable specificity acts or practices that violate sections	29329
1345.02, 1345.03, and 1345.031 of the Revised Code. In adopting,	29330
amending, or repealing substantive rules defining acts or	29331
practices that violate section 1345.02 of the Revised Code, due	29332
consideration and great weight shall be given to federal trade	29333
commission orders, trade regulation rules and guides, and the	29334
federal courts' interpretations of subsection 45 (a)(1) of the	29335
"Federal Trade Commission Act," 38 Stat. 717 (1914), 15 U.S.C.A.	29336
41, as amended.	29337

In adopting, amending, or repealing such rules concerning a	29338
consumer transaction in connection with a residential mortgage,	29339
the attorney general shall consult with the superintendent of	29340
financial institutions and shall give due consideration to state	29341
and federal statutes, regulations, administrative agency	29342
interpretations, and case law.	29343

(C) In the conduct of public hearings authorized by this	29344
section, the attorney general may administer oaths, subpoena	29345
witnesses, adduce evidence, and require the production of relevant	29346
material. Upon failure of a person without lawful excuse to obey a	29347
subpoena or to produce relevant matter, the attorney general may	29348
apply to a court of common pleas for an order compelling	29349
compliance.	29350

(D) The attorney general may request that an individual who	29351
refuses to testify or to produce relevant material on the ground	29352
that the testimony or matter may incriminate the individual be	29353
ordered by the court to provide the testimony or matter. With the	29354
exception of a prosecution for perjury and an action for damages	29355
under section 1345.07 or 1345.09 of the Revised Code, an	29356
individual who complies with a court order to provide testimony or	29357
matter, after asserting a privilege against self incrimination to	29358
which the individual is entitled by law, shall not be subjected to	29359
a criminal proceeding on the basis of the testimony or matter	29360
discovered through that testimony or matter.	29361

(E) Any person may petition the attorney general requesting	29362
the adoption, amendment, or repeal of a rule. The attorney general	29363
shall prescribe by rule the form for such petitions and the	29364
procedure for their submission, consideration, and disposition.	29365
Within sixty days of submission of a petition, the attorney	29366
general shall either deny the petition in writing, stating the	29367
reasons for the denial, or initiate rule-making proceedings.	29368
There is no right to appeal from such denial of a petition.	29369

(F) All rules shall be adopted subject to Chapter 119. of the	29370
Revised Code.	29371

(G) The informational document published in accordance with	29372
division (A)(4) of this section shall be made available for	29373
distribution to consumers who are applying for a mortgage loan. An	29374
acknowledgement of receipt shall be retained by the lender,	29375
mortgage broker, and loan ~~officer~~originator, as applicable,	29376
subject to review by the attorney general and the department of	29377
commerce.	29378

Sec. 1345.09. For a violation of Chapter 1345. of the	29379
Revised Code, a consumer has a cause of action and is entitled to	29380
relief as follows:	29381

(A) Where the violation was an act prohibited by section	29382
1345.02, 1345.03, or 1345.031 of the Revised Code, the consumer	29383
may, in an individual action, rescind the transaction or recover	29384
the consumer's actual economic damages plus an amount not	29385
exceeding five thousand dollars in noneconomic damages.	29386

(B) Where the violation was an act or practice declared to be	29387
deceptive or unconscionable by rule adopted under division (B)(2)	29388
of section 1345.05 of the Revised Code before the consumer	29389
transaction on which the action is based, or an act or practice	29390
determined by a court of this state to violate section 1345.02,	29391
1345.03, or 1345.031 of the Revised Code and committed after the	29392
decision containing the determination has been made available for	29393
public inspection under division (A)(3) of section 1345.05 of the	29394
Revised Code, the consumer may rescind the transaction or recover,	29395
but not in a class action, three times the amount of the	29396
consumer's actual economic damages or two hundred dollars,	29397
whichever is greater, plus an amount not exceeding five thousand	29398
dollars in noneconomic damages or recover damages or other	29399
appropriate relief in a class action under Civil Rule 23, as	29400
amended.	29401

(C)(1) Except as otherwise provided in division (C)(2) of	29402
this section, in any action for rescission, revocation of the	29403
consumer transaction must occur within a reasonable time after the	29404
consumer discovers or should have discovered the ground for it and	29405
before any substantial change in condition of the subject of the	29406
consumer transaction.	29407

(2) If a consumer transaction between a loan ~~officer~~	29408
originator, mortgage broker, or nonbank mortgage lender and a	29409
customer is in connection with a residential mortgage, revocation	29410
of the consumer transaction in an action for rescission is only	29411
available to a consumer in an individual action, and shall occur	29412
for no reason other than one or more of the reasons set forth in	29413
the "Truth in Lending Act," 82 Stat. 146 (1968), 15 U.S.C. 1635,	29414
not later than the time limit within which the right of	29415
rescission under section 125(f) of the "Truth in Lending Act"	29416
expires.	29417

(D) Any consumer may seek a declaratory judgment, an	29418
injunction, or other appropriate relief against an act or practice	29419
that violates this chapter.	29420

(E) When a consumer commences an individual action for a	29421
declaratory judgment or an injunction or a class action under this	29422
section, the clerk of court shall immediately mail a copy of the	29423
complaint to the attorney general. Upon timely application, the	29424
attorney general may be permitted to intervene in any private	29425
action or appeal pending under this section. When a judgment under	29426
this section becomes final, the clerk of court shall mail a copy	29427
of the judgment including supporting opinions to the attorney	29428
general for inclusion in the public file maintained under division	29429
(A)(3) of section 1345.05 of the Revised Code.	29430

(F) The court may award to the prevailing party a reasonable	29431
attorney's fee limited to the work reasonably performed, if either	29432
of the following apply:	29433

(1) The consumer complaining of the act or practice that	29434
violated this chapter has brought or maintained an action that is	29435
groundless, and the consumer filed or maintained the action in bad	29436
faith;	29437

(2) The supplier has knowingly committed an act or practice	29438
that violates this chapter.	29439

(G) As used in this section, "actual economic damages" means	29440
damages for direct, incidental, or consequential pecuniary losses	29441
resulting from a violation of Chapter 1345. of the Revised Code	29442
and does not include damages for noneconomic loss as defined in	29443
section 2315.18 of the Revised Code.	29444

(H) Nothing in this section shall preclude a consumer from	29445
also proceeding with a cause of action under any other theory of	29446
law.	29447

Sec. 1347.08. (A) Every state or local agency that maintains	29448
a personal information system, upon the request and the proper	29449
identification of any person who is the subject of personal	29450
information in the system, shall:	29451

(1) Inform the person of the existence of any personal	29452
information in the system of which the person is the subject;	29453

(2) Except as provided in divisions (C) and (E)(2) of this	29454
section, permit the person, the person's legal guardian, or an	29455
attorney who presents a signed written authorization made by the	29456
person, to inspect all personal information in the system of which	29457
the person is the subject;	29458

(3) Inform the person about the types of uses made of the	29459
personal information, including the identity of any users usually	29460
granted access to the system.	29461

(B) Any person who wishes to exercise a right provided by	29462
this section may be accompanied by another individual of the	29463
person's choice.	29464

(C)(1) A state or local agency, upon request, shall disclose	29465
medical, psychiatric, or psychological information to a person who	29466
is the subject of the information or to the person's legal	29467
guardian, unless a physician, psychiatrist, or psychologist	29468
determines for the agency that the disclosure of the information	29469
is likely to have an adverse effect on the person, in which case	29470
the information shall be released to a physician, psychiatrist, or	29471
psychologist who is designated by the person or by the person's	29472
legal guardian.	29473

(2) Upon the signed written request of either a licensed	29474
attorney at law or a licensed physician designated by the inmate,	29475
together with the signed written request of an inmate of a	29476
correctional institution under the administration of the	29477
department of rehabilitation and correction, the department shall	29478
disclose medical information to the designated attorney or	29479
physician as provided in division (C) of section 5120.21 of the	29480
Revised Code.	29481

(D) If an individual who is authorized to inspect personal	29482
information that is maintained in a personal information system	29483
requests the state or local agency that maintains the system to	29484
provide a copy of any personal information that the individual is	29485
authorized to inspect, the agency shall provide a copy of the	29486
personal information to the individual. Each state and local	29487
agency may establish reasonable fees for the service of copying,	29488
upon request, personal information that is maintained by the	29489
agency.	29490

(E)(1) This section regulates access to personal information	29491
that is maintained in a personal information system by persons who	29492
are the subject of the information, but does not limit the	29493
authority of any person, including a person who is the subject of	29494
personal information maintained in a personal information system,	29495
to inspect or have copied, pursuant to section 149.43 of the	29496
Revised Code, a public record as defined in that section.	29497

(2) This section does not provide a person who is the subject	29498
of personal information maintained in a personal information	29499
system, the person's legal guardian, or an attorney authorized by	29500
the person, with a right to inspect or have copied, or require an	29501
agency that maintains a personal information system to permit the	29502
inspection of or to copy, a confidential law enforcement	29503
investigatory record or trial preparation record, as defined in	29504
divisions (A)(2) and (4) of section 149.43 of the Revised Code.	29505

(F) This section does not apply to any of the following:

29506

(1) The contents of an adoption file maintained by the	29507
department of health under section 3705.12 of the Revised Code;	29508

(2) Information contained in the putative father registry	29509
established by section 3107.062 of the Revised Code, regardless of	29510
whether the information is held by the department of job and	29511
family services or, pursuant to section 3111.69 of the Revised	29512
Code, the office of child support in the department or a child	29513
support enforcement agency;	29514

(3) Papers, records, and books that pertain to an adoption	29515
and that are subject to inspection in accordance with section	29516
3107.17 of the Revised Code;	29517

(4) Records listed in division (A) of section 3107.42 of the	29518
Revised Code or specified in division (A) of section 3107.52 of	29519
the Revised Code;	29520

(5) Records that identify an individual described in division	29521
(A)(1) of section 3721.031 of the Revised Code, or that would tend	29522
to identify such an individual;	29523

(6) Files and records that have been expunged under division	29524
(D)(1) or (2) of section 3721.23 of the Revised Code;	29525

(7) Records that identify an individual described in division	29526
(A)(1) of section 3721.25 of the Revised Code, or that would tend	29527
to identify such an individual;	29528

(8) Records that identify an individual described in division	29529
(A)(1) of section 5111.61 of the Revised Code, or that would tend	29530
to identify such an individual;	29531

(9) Test materials, examinations, or evaluation tools used in	29532
an examination for licensure as a nursing home administrator that	29533
the board of examiners of nursing home administrators administers	29534
under section 4751.04 of the Revised Code or contracts under that	29535
section with a private or government entity to administer;	29536

(10) Information contained in a database established and	29537
maintained pursuant to section 5101.13 of the Revised Code.	29538

Sec. 1349.31. (A)(1) No creditor shall willfully and	29539
knowingly fail to comply with section 1349.26 or 1349.27 of the	29540
Revised Code. For purposes of division (A)(1) of this section,	29541
"willfully and knowingly" has the same meaning as in section 112	29542
of the "Truth in Lending Act," 82 Stat. 146 (1968), 15 U.S.C.A.	29543
1611, as amended.	29544

(2) Whoever violates division (A)(1) of this section is	29545
guilty of a felony of the fifth degree.	29546

(B) The superintendent of financial institutions may directly	29547
bring an action to enjoin a violation of this section. The	29548
attorney general may directly bring an action against a mortgage	29549
broker, loan ~~officer~~originator, or nonbank mortgage lender to	29550
enjoin a violation of this section with the same rights,	29551
privileges, and powers as those described in section 1345.06 of	29552
the Revised Code. The prosecuting attorney of the county in which	29553
the action may be brought may bring an action against a mortgage	29554
broker, loan ~~officer~~originator, or nonbank mortgage lender to	29555
enjoin a violation of this section only if the prosecuting	29556
attorney first presents any evidence of the violation to the	29557
attorney general and, within a reasonable period of time, the	29558
attorney general has not agreed to bring the action.	29559

For purposes of this division, "loan ~~officer~~originator,"	29560
"mortgage broker," and "nonbank mortgage lender" have the same	29561
meanings as in section 1345.01 of the Revised Code.	29562

(C)(1) The superintendent of financial institutions may	29563
initiate criminal proceedings under this section by presenting any	29564
evidence of criminal violations to the prosecuting attorney of the	29565
county in which the offense may be prosecuted. If the prosecuting	29566
attorney does not prosecute the violations, or at the request of	29567
the prosecuting attorney, the superintendent shall present any	29568
evidence of criminal violations to the attorney general, who may	29569
proceed in the prosecution with all the rights, privileges, and	29570
powers conferred by law on prosecuting attorneys, including the	29571
power to appear before grand juries and to interrogate witnesses	29572
before such grand juries. These powers of the attorney general	29573
shall be in addition to any other applicable powers of the	29574
attorney general.	29575

(2) The prosecuting attorney of the county in which an	29576
alleged offense may be prosecuted may initiate criminal	29577
proceedings under this section.	29578

(3) In order to initiate criminal proceedings under this	29579
section, the attorney general shall first present any evidence of	29580
criminal violations to the prosecuting attorney of the county in	29581
which the alleged offense may be prosecuted. If, within a	29582
reasonable period of time, the prosecuting attorney has not agreed	29583
to prosecute the violations, the attorney general may proceed in	29584
the prosecution with all the rights, privileges, and powers	29585
described in division (C)(1) of this section.	29586

Sec. 1349.43. (A) As used in this section, "loan ~~officer~~	29587
originator," "mortgage broker," and "nonbank mortgage lender" have	29588
the same meanings as in section 1345.01 of the Revised Code.	29589

(B) The department of commerce shall establish and maintain	29590
an electronic database accessible through the internet that	29591
contains information on all of the following:	29592

(1) The enforcement actions taken by the superintendent of	29593
financial institutions for each violation of or failure to comply	29594
with any provision of sections 1322.01 to 1322.12 of the Revised	29595
Code, upon final disposition of the action;	29596

(2) The enforcement actions taken by the attorney general	29597
under Chapter 1345. of the Revised Code against loan ~~officers~~	29598
originators, mortgage brokers, and nonbank mortgage lenders, upon	29599
final disposition of each action;	29600

(3) All judgments by courts of this state, concerning which	29601
appellate remedies have been exhausted or lost by the expiration	29602
of the time for appeal, finding either of the following:	29603

(a) A violation of any provision of sections 1322.01 to	29604
1322.12 of the Revised Code;	29605

(b) That specific acts or practices by a loan ~~officer~~	29606
originator, mortgage broker, or nonbank mortgage lender violate	29607
section 1345.02, 1345.03, or 1345.031 of the Revised Code.	29608

(C) The attorney general shall submit to the department, on	29609
the first day of each January, April, July, and October, a list of	29610
all enforcement actions and judgments described in divisions	29611
(B)(2) and (3)(b) of this section.	29612

(D) The department may adopt rules in accordance with Chapter	29613
119. of the Revised Code that are necessary to implement this	29614
section.	29615

(E) The electronic database maintained by the department in	29616
accordance with this section shall not include information that,	29617
pursuant to section 1322.061 of the Revised Code, is	29618
confidential.	29619

Sec. 1501.01. (A) Except where otherwise expressly provided,	29620
the director of natural resources shall formulate and institute	29621
all the policies and programs of the department of natural	29622
resources. The chief of any division of the department shall not	29623
enter into any contract, agreement, or understanding unless it is	29624
approved by the director. No appointee or employee of the	29625
director, other than the assistant director, may bind the director	29626
in a contract except when given general or special authority to do	29627
so by the director.	29628

(B) The director shall correlate and coordinate the work and	29629
activities of the divisions in the department to eliminate	29630
unnecessary duplications of effort and overlapping of functions.	29631
The chiefs of the various divisions of the department shall meet	29632
with the director at least once each month at a time and place	29633
designated by the director.	29634

The director may create advisory boards to any of those	29635
divisions in conformity with section 121.13 of the Revised Code.	29636

(C) The director may accept and expend gifts, devises, and	29637
bequests of money, lands, and other properties on behalf of the	29638
department or any division thereof under the terms set forth in	29639
section 9.20 of the Revised Code. Any political subdivision of	29640
this state may make contributions to the department for the use of	29641
the department or any division therein according to the terms of	29642
the contribution.	29643

(D) The director may publish and sell or otherwise distribute	29644
data, reports, and information.	29645

(E) The director may identify and develop the geographic	29646
information system needs for the department, which may include,	29647
but not be limited to, all of the following:	29648

(1) Assisting in the training and education of department	29649
resource managers, administrators, and other staff in the	29650
application and use of geographic information system technology;	29651

(2) Providing technical support to the department in the	29652
design, preparation of data, and use of appropriate geographic	29653
information system applications in order to help solve resource	29654
related problems and to improve the effectiveness and efficiency	29655
of department delivered services;	29656

(3) Creating, maintaining, and documenting spatial digital	29657
data bases;	29658

(4) Providing information to and otherwise assisting	29659
government officials, planners, and resource managers in	29660
understanding land use planning and resource management;	29661

(5) Providing continuing assistance to local government	29662
officials and others in natural resource digital data base	29663
development and in applying and utilizing the geographic	29664
information system for land use planning, current agricultural use	29665
value assessment, development reviews, coastal management, and	29666
other resource management activities;	29667

(6) Coordinating and administering the remote sensing needs	29668
of the department, including the collection and analysis of	29669
aerial photography, satellite data, and other data pertaining to	29670
land, water, and other resources of the state;	29671

(7) Preparing and publishing maps and digital data relating	29672
to the state's land use and land cover over time on a local,	29673
regional, and statewide basis;	29674

(8) Locating and distributing hard copy maps, digital data,	29675
aerial photography, and other resource data and information to	29676
government agencies and the public;	29677

(9) Preparing special studies and executing any other related	29678
duties, functions, and responsibilities identified by the	29679
director;	29680

(10) Entering into contracts or agreements with any agency	29681
of the United States government, any other public agency, or any	29682
private agency or organization for the performance of the duties	29683
specified in division (E) of this section or for accomplishing	29684
cooperative projects within those duties;	29685

(11) Entering into agreements with local government agencies	29686
for the purposes of land use inventories, Ohio capability	29687
analysis data layers, and other duties related to resource	29688
management.	29689

(F) The director shall adopt rules in accordance with Chapter	29690
119. of the Revised Code to permit the department to accept by	29691
means of a credit card the payment of fees, charges, and rentals	29692
at those facilities described in section 1501.07 of the Revised	29693
Code that are operated by the department, for any data, reports,	29694
or information sold by the department, and for any other goods or	29695
services provided by the department.	29696

(G) Whenever authorized by the governor to do so, the	29697
director may appropriate property for the uses and purposes	29698
authorized to be performed by the department and on behalf of any	29699
division within the department. This authority shall be exercised	29700
in the manner provided in sections 163.01 to 163.22 of the Revised	29701
Code for the appropriation of property by the director of	29702
administrative services. This authority to appropriate property is	29703
in addition to the authority provided by law for the appropriation	29704
of property by divisions of the department. The director of	29705
natural resources also may acquire by purchase, lease, or	29706
otherwise such real and personal property rights or privileges in	29707
the name of the state as are necessary for the purposes of the	29708
department or any division therein. The director, with the	29709
approval of the governor and the attorney general, may sell,	29710
lease, or exchange portions of lands or property, real or	29711
personal, of any division of the department or grant easements or	29712
licenses for the use thereof, or enter into agreements for the	29713
sale of water from lands and waters under the administration or	29714
care of the department or any of its divisions, when the sale,	29715
lease, exchange, easement, agreement, or license for use is	29716
advantageous to the state, provided that such approval is not	29717
required for leases and contracts made under section 1501.07,	29718
1501.09, or 1520.03 or Chapter 1523. of the Revised Code. Water	29719
may be sold from a reservoir only to the extent that the reservoir	29720
was designed to yield a supply of water for a purpose other than	29721
recreation or wildlife, and the water sold is in excess of that	29722
needed to maintain the reservoir for purposes of recreation or	29723
wildlife.	29724

Money received from such sales, leases, easements, exchanges,	29725
agreements, or licenses for use, except revenues required to be	29726
set aside or paid into depositories or trust funds for the payment	29727
of bonds issued under sections 1501.12 to 1501.15 of the Revised	29728
Code, and to maintain the required reserves therefor as provided	29729
in the orders authorizing the issuance of such bonds or the trust	29730
agreements securing such bonds, revenues required to be paid and	29731
credited pursuant to the bond proceeding applicable to obligations	29732
issued pursuant to section 154.22, and revenues generated under	29733
section 1520.05 of the Revised Code, shall be deposited in the	29734
state treasury to the credit of the fund of the division of the	29735
department having prior jurisdiction over the lands or property.	29736
If no such fund exists, the money shall be credited to the general	29737
revenue fund. All such money received from lands or properties	29738
administered by the division of wildlife shall be credited to the	29739
wildlife fund.	29740

(H) The director shall provide for the custody, safekeeping,	29741
and deposit of all moneys, checks, and drafts received by the	29742
department or its employees prior to paying them to the treasurer	29743
of state under section 113.08 of the Revised Code.	29744

(I) The director shall cooperate with the nature conservancy,	29745
other nonprofit organizations, and the United States fish and	29746
wildlife service in order to secure protection of islands in the	29747
Ohio river and the wildlife and wildlife habitat of those islands.	29748

(J) Any instrument by which real property is acquired	29749
pursuant to this section shall identify the agency of the state	29750
that has the use and benefit of the real property as specified in	29751
section 5301.012 of the Revised Code.	29752

Sec. 1501.05. All chiefs of divisions in the department of	29753
natural resources shall be appointed by the director of natural	29754
resources. The chiefs of those divisions may be removed by the	29755
director.	29756

The chief engineer of the department of natural resources	29757
shall be a ~~registered~~ professional engineer registered under	29758
Chapter 4733. of the Revised Code or a professional architect	29759
certified and registered under Chapter 4703. of the Revised Code.	29760

The chief of each division and the chief engineer, with the	29761
advice and consent of the director, may employ such number of	29762
technical and administrative assistants as are necessary.	29763

All employees of the department, unless specifically exempted	29764
by law, shall be employed subject to the classified civil service	29765
laws in force at the time of their employment.	29766

Sec. 1501.07. The department of natural resources through	29767
the division of parks and recreation may plan, supervise, acquire,	29768
construct, enlarge, improve, erect, equip, and furnish public	29769
service facilities such as inns, lodges, hotels, cottages, camping	29770
sites, scenic trails, picnic sites, restaurants, commissaries,	29771
golf courses, boating and bathing facilities, and other similar	29772
facilities in state parks reasonably necessary and useful in	29773
promoting the public use of state parks under its control and may	29774
purchase lands or interests in lands in the name of the state	29775
necessary for those purposes.	29776

The chief of the division of parks and recreation shall	29777
administer state parks, establish rules, fix fees and charges for	29778
admission to parks and for the use of public service facilities	29779
therein, establish rentals for the lease of lands or interests	29780
therein within a state park the chief is authorized by law to	29781
lease, and exercise all powers of the chief, in conformity with	29782
all covenants of the director of natural resources in or with	29783
respect to state park revenue bonds and trust agreements securing	29784
such bonds and all terms, provisions, and conditions of such bonds	29785
and trust agreements. In the administration of state parks with	29786
respect to which state park revenue bonds are issued and	29787
outstanding, or any part of the moneys received from fees and	29788
charges for admission to or the use of facilities, from rentals	29789
for the lease of lands or interests or facilities therein, or for	29790
the lease of public service facilities are pledged for any such	29791
bonds, the chief shall exercise the powers and perform the duties	29792
of the chief subject to the control and approval of the director.	29793
The acquisition of such lands or interests therein and facilities	29794
shall be planned with regard to the needs of the people of the	29795
state and with regard to the purposes and uses of such state parks	29796
and, except for facilities constructed in consideration of a lease	29797
under section 1501.012 of the Revised Code, shall be paid for from	29798
the state park fund created in section 1541.22 of the Revised Code	29799
or from the proceeds of the sale of bonds issued under sections	29800
1501.12 to 1501.15 of the Revised Code. Sections 125.81 and 153.04	29801
of the Revised Code, insofar as they require a certification by	29802
the chief of the division of capital planning and improvement, do	29803
not apply to the acquisition of lands or interests therein and	29804
public service facilities to be paid for from the proceeds of	29805
bonds issued under sections 1501.12 to 1501.15 of the Revised	29806
Code.	29807

As used in sections 1501.07 to 1501.14 of the Revised Code,	29808
state parks are all of the following:	29809

(A) State reservoirs described and identified in section	29810
1541.06 of the Revised Code;	29811

(B) All lands or interests therein that are denominated as	29812
state parks in section 1541.083 of the Revised Code;	29813

(C) All lands or interests therein of the state identified as	29814
administered by the division of parks and recreation in the	29815
"inventory of state owned lands administered by department of	29816
natural resources as of June 1, 1963," as recorded in the journal	29817
of the director, which inventory was prepared by the real estate	29818
section of the department and is supported by maps on file inwith	29819
the division ~~of real estate and land management~~;	29820

(D) All lands or interests in lands of the state hereafter	29821
designated as state parks in the journal of the director with the	29822
approval of the recreation and resources council.	29823

All such state parks shall be exclusively under the control	29824
and administration of the division of parks and recreation. With	29825
the approval of the council, the director by order may remove from	29826
the classification as state parks any of the lands or interests	29827
therein so classified by divisions (C) and (D) of this section,	29828
subject to the limitations, provisions, and conditions in any	29829
order authorizing state park revenue bonds or in any trust	29830
agreement securing such bonds. Lands or interests therein so	29831
removed shall be transferred to other divisions of the department	29832
for administration or may be sold as provided by law. Proceeds of	29833
any sale shall be used or transferred as provided in the order	29834
authorizing state park revenue bonds or in the trust agreement	29835
and, if no such provision is made, shall be transferred to the	29836
state park fund. State parks do not include any lands or interest	29837
in lands of the state administered jointly by two or more	29838
divisions of the department. The designation of lands as state	29839
parks under divisions (A) to (D) of this section shall be	29840
conclusive, and those lands shall be under the control of and	29841
administered by the division of parks and recreation. No order or	29842
proceeding designating lands as state parks or park purchase areas	29843
shall be subject to any appeal or review by any officer, board,	29844
commission, or court.	29845

Sec. 1501.30. (A) As used in sections 1501.30 to 1501.35 of	29846
the Revised Code:	29847

(1) "Consumptive use" means a use of water resources, other	29848
than a diversion, that results in a loss of that water to the	29849
basin from which it is withdrawn and includes, but is not limited	29850
to, evaporation, evapotranspiration, and incorporation of water	29851
into a product or agricultural crop.	29852

(2) "Diversion" means a withdrawal of water resources from	29853
either the Lake Erie or Ohio river drainage basin and transfer to	29854
another basin without return. "Diversion" does not include	29855
evaporative loss within the basin of withdrawal.	29856

(3) "Other great lakes states and provinces" means states	29857
other than this state that are parties to the great lakes basin	29858
compact under Chapter 6161. of the Revised Code and the Canadian	29859
provinces of Ontario and Quebec.	29860

(4) "Person" has the same meaning as in section 1.59 of the	29861
Revised Code and also includes any state, any political	29862
subdivision of a state, and any department, division, board,	29863
commission, agency, or instrumentality of a state or political	29864
subdivision of a state.	29865

(5) "Water resources" means any waters of the state that are	29866
available or may be made available to agricultural, industrial,	29867
commercial, and domestic users.	29868

(6) "Waters of the state" includes all streams, lakes, ponds,	29869
marshes, watercourses, waterways, wells, springs, irrigation	29870
systems, drainage systems, and other bodies or accumulations of	29871
water, surface and underground, natural or artificial, regardless	29872
of the depth of the strata in which underground water is located,	29873
that are situated wholly or partly within or border upon this	29874
state or are within its jurisdiction.	29875

(B) The chief of the division of soil and water resources of	29876
the department of natural resources shall define "Lake Erie	29877
drainage basin" and "Ohio river drainage basin" for the purposes	29878
of sections 1501.30 to 1501.35 of the Revised Code.	29879

Sec. 1502.12. (A) There is hereby created in the state	29880
treasury the scrap tire grant fund, consisting of moneys	29881
transferred to the fund under section 3734.82 of the Revised Code.	29882
The chief of the division of recycling and litter prevention, with	29883
the approval of the director of natural resources, may make grants	29884
from the fund for the ~~purpose of supporting~~following purposes:	29885

(1) Supporting market development activities for scrap tires	29886
and synthetic rubber from tire manufacturing processes and tire	29887
recycling processes;	29888

(2) Supporting scrap tire amnesty and cleanup events	29889
sponsored by solid waste management districts. ~~The grants~~	29890

Grants awarded under division (A)(1) of this section may be	29891
awarded to individuals, businesses, and entities certified under	29892
division (A) of section 1502.04 of the Revised Code.	29893

(B) Projects and activities that are eligible for grants	29894
under division (A)(1) of this section shall be evaluated for	29895
funding using, at a minimum, the following criteria:	29896

(1) The degree to which a proposed project contributes to the	29897
increased use of scrap tires generated in this state;	29898

(2) The degree of local financial support for a proposed	29899
project;	29900

(3) The technical merit and quality of a proposed project.

29901

Sec. 1506.01. As used in this chapter:

29902

(A) "Coastal area" means the waters of Lake Erie, the islands	29903
in the lake, and the lands under and adjacent to the lake,	29904
including transitional areas, wetlands, and beaches. The coastal	29905
area extends in Lake Erie to the international boundary line	29906
between the United States and Canada and landward only to the	29907
extent necessary to include shorelands, the uses of which have a	29908
direct and significant impact on coastal waters as determined by	29909
the director of natural resources.	29910

(B) "Coastal management program" means the comprehensive	29911
action of the state and its political subdivisions cooperatively	29912
to preserve, protect, develop, restore, or enhance the resources	29913
of the coastal area and to ensure wise use of the land and water	29914
resources of the coastal area, giving attention to natural,	29915
cultural, historic, and aesthetic values; agricultural,	29916
recreational, energy, and economic needs; and the national	29917
interest. "Coastal management program" includes the establishment	29918
of objectives, policies, standards, and criteria concerning,	29919
without limitation, protection of air, water, wildlife, rare and	29920
endangered species, wetlands and natural areas, and other natural	29921
resources in the coastal area; management of coastal development	29922
and redevelopment; preservation and restoration of historic,	29923
cultural, and aesthetic coastal features; and public access to the	29924
coastal area for recreation purposes.	29925

(C) "Coastal management program document" means a	29926
comprehensive statement consisting of, without limitation, text,	29927
maps, and illustrations that is adopted by the director in	29928
accordance with this chapter, describes the objectives, policies,	29929
standards, and criteria of the coastal management program for	29930
guiding public and private uses of lands and waters in the coastal	29931
area, lists the governmental agencies, including, without	29932
limitation, state agencies, involved in implementing the coastal	29933
management program, describes their applicable policies and	29934
programs, and cites the statutes and rules under which they may	29935
adopt and implement those policies and programs.	29936

(D) "Person" means any agency of this state, any political	29937
subdivision of this state or of the United States, and any legal	29938
entity defined as a person under section 1.59 of the Revised Code.	29939

(E) "Director" means the director of natural resources or the	29940
director's designee.	29941

(F) "Permanent structure" means any residential, commercial,	29942
industrial, institutional, or agricultural building, any mobile	29943
home as defined in division (O) of section 4501.01 of the Revised	29944
Code, any manufactured home as defined in division (C)(4) of	29945
section 3781.06 of the Revised Code, and any septic system that	29946
receives sewage from a single-family, two-family, or three-family	29947
dwelling, but does not include any recreational vehicle as defined	29948
in section 4501.01 of the Revised Code.	29949

(G) "State agency" or "agency of the state" has the same	29950
meaning as "agency" as defined in section 111.15 of the Revised	29951
Code.	29952

(H) "Coastal flood hazard area" means any territory within	29953
the coastal area that has been identified as a flood hazard area	29954
under the "Flood Disaster Protection Act of 1973," 87 Stat. 975,	29955
42 U.S.C.A. 4002, as amended.	29956

(I) "Coastal erosion area" means any territory included in	29957
Lake Erie coastal erosion areas identified by the director under	29958
section 1506.06 of the Revised Code.	29959

(J) "Conservancy district" means a conservancy district that	29960
is established under Chapter 6101. of the Revised Code.	29961

(K) "Park board" means the board of park commissioners of a	29962
park district that is created under Chapter 1545. of the Revised	29963
Code.	29964

(L) "Erosion control structure" means a structure that is	29965
designed solely and specifically to reduce or control erosion of	29966
the shore along or near Lake Erie, including, without limitation,	29967
revetments, seawalls, bulkheads, certain breakwaters, and similar	29968
structures.	29969

(M) "Shore structure" includes, but is not limited to,	29970
beaches; groins; revetments; bulkheads; seawalls; breakwaters;	29971
certain dikes designated by the chief of the division of soil and	29972
water resources; piers; docks; jetties; wharves; marinas; boat	29973
ramps; any associated fill or debris used as part of the	29974
construction of shore structures that may affect shore erosion,	29975
wave action, or inundation; and fill or debris that is placed	29976
along or near the shore, including bluffs, banks, or beach	29977
ridges, for the purpose of stabilizing slopes.	29978

Sec. 1507.01. There is hereby created in the department of	29979
natural resources the division of engineering to be administered	29980
by the chief engineer of the department, who shall be a	29981
professional engineer registered under Chapter 4733. of the	29982
Revised Code or a professional architect certified and registered	29983
under Chapter 4703. of the Revised Code. ~~The~~With the approval of	29984
the director of natural resources, the chief engineer shall do all	29985
of the following:	29986

(A) Administer this chapter;

29987

(B) Provide engineering, architectural, land surveying, and	29988
related administrative and maintenance support services to the	29989
other divisions in the department;	29990

(C) ~~Upon request of the director of natural resources,~~	29991
~~implement~~Implement the department's capital improvement program	29992
and facility maintenance projects, including all associated	29993
~~engineering, architectural,~~planning, design, contracting,	29994
surveying, inspection, and management responsibilities and	29995
requirements;	29996

(D) ~~With the approval of the director, act~~Act as contracting	29997
officer in departmental engineering, architectural, surveying, and	29998
construction matters regarding capital improvements except for	29999
those matters otherwise specifically provided for in law;	30000

(E) ~~Provide engineering support for the coastal management~~	30001
~~program established under Chapter 1506. of the Revised Code;~~	30002

~~(F)~~ Coordinate the department's roadway maintenance program	30003
with the department of transportation pursuant to section 5511.05	30004
of the Revised Code and maintain the roadway inventory of the	30005
department of natural resources;	30006

~~(G)~~(F) Coordinate the department's projects, programs,	30007
policies, procedures, and activities with the United States army	30008
corps of engineers;	30009

~~(H) Subject to the approval of the director, employ~~(G)	30010
Employ professional and technical assistants and such other	30011
employees as are necessary for the performance of the activities	30012
required or authorized under this chapter, other work of the	30013
division, and any other work agreed to under working agreements or	30014
contractual arrangements; prescribe their duties; and fix their	30015
compensation in accordance with such schedules as are provided by	30016
law for the compensation of state employees.;	30017

(H) Except as otherwise provided in the Revised Code,	30018
coordinate and conduct all real estate functions for the	30019
department of natural resources, including at least acquisitions	30020
by purchase, lease, gift, devise, bequest, appropriation, or	30021
otherwise; grants through sales, leases, exchanges, easements, and	30022
licenses; inventories of land; and other related general	30023
management duties;	30024

(I) Coordinate such environmental matters concerning the	30025
department and the state as are necessary to comply with the	30026
"National Environmental Policy Act of 1969," 83 Stat. 852, 42	30027
U.S.C. 4321, as amended, the "Intergovernmental Cooperation Act of	30028
1968," 82 Stat. 1098, 31 U.S.C. 6506, and the "Federal Water	30029
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C. 1251, as	30030
amended, and regulations adopted under those acts;	30031

(J) Coordinate and administer compensatory mitigation grant	30032
programs and other programs for streams and wetlands as approved	30033
in accordance with certifications and permits issued under	30034
sections 401 and 404 of the "Federal Water Pollution Control	30035
Act," 91 Stat. 1566 (1977), 33 U.S.C. 1251, as amended, by the	30036
environmental protection agency and the United States army corps	30037
of engineers;	30038

(K) Coordinate all department activities associated with the	30039
completion of drainage ditch improvements in accordance with	30040
Chapters 6131. and 6133. of the Revised Code;	30041

(L) Assist the department and its divisions by providing	30042
department-wide planning, including at least master planning,	30043
comprehensive planning, capital improvements planning, and special	30044
purpose planning.	30045

Sec. 1511.01. For the purposes of this chapter:

30046

(A) "Conservation" means the wise use and management of	30047
natural resources.	30048

(B) "Critical natural resource area" means an area identified	30049
by the director of natural resources in which occurs a natural	30050
resource that requires special management because of its	30051
importance to the well-being of the surrounding communities, the	30052
region, or the state.	30053

(C) "Pollution abatement practice" means any erosion control	30054
or animal waste pollution abatement facility, structure, or	30055
procedure and the operation and management associated with it as	30056
contained in operation and management plans developed or approved	30057
by the chief of the division of soil and water ~~conservation~~	30058
resources or by soil and water conservation districts established	30059
under Chapter 1515. of the Revised Code.	30060

(D) "Agricultural pollution" means failure to use management	30061
or conservation practices in farming or silvicultural operations	30062
to abate wind or water erosion of the soil or to abate the	30063
degradation of the waters of the state by animal waste or soil	30064
sediment, including substances attached thereto.	30065

(E) "Waters of the state" means all streams, lakes, ponds,	30066
wetlands, watercourses, waterways, wells, springs, irrigation	30067
systems, drainage systems, and all other bodies or accumulations	30068
of water, surface and underground, natural or artificial,	30069
regardless of the depth of the strata in which underground water	30070
is located, that are situated wholly or partly within, or border	30071
upon, this state or are within its jurisdiction, except those	30072
private waters that do not combine or effect a junction with	30073
natural surface or underground waters.	30074

(F) "Operation and management plan" means a written record,	30075
developed or approved by the district board of supervisors or the	30076
chief, for the owner or operator of agricultural land or a	30077
concentrated animal feeding ~~operations~~operation that contains	30078
implementation schedules and operational procedures for a level of	30079
management and pollution abatement practices that will abate the	30080
degradation of the waters of the state by animal waste and by soil	30081
sediment including attached pollutants.	30082

(G) "Animal waste" means animal excreta, discarded products,	30083
bedding, wash waters, waste feed, and silage drainage. "Animal	30084
waste" also includes the compost products resulting from the	30085
composting of dead animals in operations subject to section	30086
1511.022 of the Revised Code when either of the following applies:	30087

(1) The composting is conducted by the person who raises the	30088
animals and the compost product is used in agricultural operations	30089
owned or operated by that person, regardless of whether the person	30090
owns the animals;	30091

(2) The composting is conducted by the person who owns the	30092
animals, but does not raise them and the compost product is used	30093
in agricultural operations either by a person who raises the	30094
animals or by a person who raises grain that is used to feed them	30095
and that is supplied by the owner of the animals.	30096

(H) "Composting" means the controlled decomposition of	30097
organic solid material consisting of dead animals that stabilizes	30098
the organic fraction of the material.	30099

Sec. 1511.02. The chief of the division of soil and water	30100
~~conservation~~resources, subject to the approval of the director of	30101
natural resources, shall do all of the following:	30102

(A) Provide administrative leadership to local soil and water	30103
conservation districts in planning, budgeting, staffing, and	30104
administering district programs and the training of district	30105
supervisors and personnel in their duties, responsibilities, and	30106
authorities as prescribed in this chapter and Chapter 1515. of the	30107
Revised Code;	30108

(B) Administer this chapter and Chapter 1515. of the Revised	30109
Code pertaining to state responsibilities and provide staff	30110
assistance to the Ohio soil and water conservation commission in	30111
exercising its statutory responsibilities;	30112

(C) Assist in expediting state responsibilities for watershed	30113
development and other natural resource conservation works of	30114
improvement;	30115

(D) Coordinate the development and implementation of	30116
cooperative programs and working agreements between local soil and	30117
water conservation districts and divisions or sections of the	30118
department of natural resources, or other agencies of local,	30119
state, and federal government;	30120

(E) Subject to the approval of the Ohio soil and water	30121
conservation commission, adopt, amend, or rescind rules pursuant	30122
to Chapter 119. of the Revised Code. Rules adopted pursuant to	30123
this section:	30124

(1) Shall establish technically feasible and economically	30125
reasonable standards to achieve a level of management and	30126
conservation practices in farming or silvicultural operations that	30127
will abate wind or water erosion of the soil or abate the	30128
degradation of the waters of the state by animal waste or by soil	30129
sediment including substances attached thereto, and establish	30130
criteria for determination of the acceptability of such management	30131
and conservation practices;	30132

(2) Shall establish technically feasible and economically	30133
reasonable standards to achieve a level of management and	30134
conservation practices that will abate wind or water erosion of	30135
the soil or abate the degradation of the waters of the state by	30136
soil sediment in conjunction with land grading, excavating,	30137
filling, or other soil-disturbing activities on land used or being	30138
developed for nonfarm commercial, industrial, residential, or	30139
other nonfarm purposes, and establish criteria for determination	30140
of the acceptability of such management and conservation	30141
practices. The standards shall be designed to implement applicable	30142
areawide waste treatment management plans prepared under section	30143
208 of the "Federal Water Pollution Control Act," 86 Stat. 816	30144
(1972), 33 U.S.C.A. 1288, as amended. The standards and criteria	30145
shall not apply in any municipal corporation or county that adopts	30146
ordinances or rules pertaining to sediment control, nor to lands	30147
being used in a strip mine operation as defined in section 1513.01	30148
of the Revised Code, nor to lands being used in a surface mining	30149
operation as defined in section 1514.01 of the Revised Code.	30150

(3) May recommend criteria and procedures for the approval of	30151
urban sediment pollution abatement plans and issuance of permits	30152
prior to any grading, excavating, filling, or other whole or	30153
partial disturbance of five or more contiguous acres of land owned	30154
by one person or operated as one development unit and require	30155
implementation of such a plan. Areas of less than five contiguous	30156
acres are not exempt from compliance with other provisions of this	30157
chapter and rules adopted under them.	30158

(4) Shall establish procedures for administration of rules	30159
for agricultural pollution abatement and urban sediment pollution	30160
abatement and for enforcement of rules for agricultural pollution	30161
abatement;	30162

(5) Shall specify the pollution abatement practices eligible	30163
for state cost sharing and determine the conditions for	30164
eligibility, the construction standards and specifications, the	30165
useful life, the maintenance requirements, and the limits of cost	30166
sharing for those practices. Eligible practices shall be limited	30167
to practices that address agricultural or silvicultural operations	30168
and that require expenditures that are likely to exceed the	30169
economic returns to the owner or operator and that abate soil	30170
erosion or degradation of the waters of the state by animal waste	30171
or soil sediment including pollutants attached thereto.	30172

(6) ~~Until June 1, 1996, shall specify the multiflora rose~~	30173
~~control practices eligible for state cost sharing, the conditions~~	30174
~~of eligibility for state cost sharing, the limits of cost sharing~~	30175
~~for those practices, specifications for carrying out those~~	30176
~~practices to ensure effective control of the multiflora rose and~~	30177
~~to safeguard the health and safety of human beings and domestic~~	30178
~~animals and the environment, and the contract provisions to be~~	30179
~~included in cost-sharing agreements with landowners;~~	30180

~~(7) Until June 1, 1996, shall establish procedures for~~	30181
~~administering grants to soil and water conservation districts for~~	30182
~~control of multiflora rose;~~	30183

~~(8)~~ Shall establish procedures for administering grants to	30184
owners or operators of agricultural land or concentrated animal	30185
feeding operations for the implementation of operation and	30186
management plans;	30187

~~(9)~~(7) Shall establish procedures for administering grants to	30188
soil and water conservation districts for urban sediment pollution	30189
abatement programs, specify the types of projects eligible for	30190
grants, establish limits on the availability of grants, and	30191
establish requirements governing the execution of projects to	30192
encourage the reduction of erosion and sedimentation associated	30193
with soil-disturbing activities;	30194

~~(10)~~(8) Shall do all of the following with regard to	30195
composting conducted in conjunction with agricultural operations:	30196

(a) Provide for the distribution of educational material	30197
concerning composting to the offices of the Ohio cooperative	30198
extension service for the purposes of section 1511.022 of the	30199
Revised Code;	30200

(b) Establish methods, techniques, or practices for	30201
composting dead animals, or particular types of dead animals, that	30202
are to be used at such operations, as the chief considers to be	30203
necessary or appropriate;	30204

(c) Establish requirements and procedures governing the	30205
review and approval or disapproval of composting plans by the	30206
supervisors of soil and water conservation districts under	30207
division ~~(U)~~(Q) of section 1515.08 of the Revised Code.	30208

~~(11)~~(9) Shall be adopted, amended, or rescinded after the	30209
chief does all of the following:	30210

(a) Mails notice to each statewide organization that the	30211
chief determines represents persons or local governmental agencies	30212
who would be affected by the proposed rule, amendment thereto, or	30213
rescission thereof at least thirty-five days before any public	30214
hearing thereon;	30215

(b) Mails a copy of each proposed rule, amendment thereto, or	30216
rescission thereof to any person who requests a copy, within five	30217
days after receipt of the request;	30218

(c) Consults with appropriate state and local governmental	30219
agencies or their representatives, including statewide	30220
organizations of local governmental officials, industrial	30221
representatives, and other interested persons;	30222

(d) If the rule relates to agricultural pollution abatement,	30223
develops an economic impact statement concerning the effect of the	30224
proposed rule or amendment.	30225

~~(12)~~(10) Shall not conflict with air or water quality	30226
standards adopted pursuant to section 3704.03 or 6111.041 of the	30227
Revised Code. Compliance with rules adopted pursuant to this	30228
section does not affect liability for noncompliance with air or	30229
water quality standards adopted pursuant to section 3704.03 or	30230
6111.041 of the Revised Code. The application of a level of	30231
management and conservation practices recommended under this	30232
section to control windblown soil from farming operations creates	30233
a presumption of compliance with section 3704.03 of the Revised	30234
Code as that section applies to windblown soil.	30235

~~(13)~~(11) Insofar as the rules relate to urban sediment	30236
pollution, shall not be applicable in a municipal corporation or	30237
county that adopts ordinances or rules for urban sediment control,	30238
except that a municipal corporation or county that adopts such	30239
ordinances or rules may receive moneys for urban sediment control	30240
that are disbursed by the board of supervisors of the applicable	30241
soil and water conservation district under division ~~(R)~~(N) of	30242
section 1515.08 of the Revised Code. The rules shall not exempt	30243
any person from compliance with municipal ordinances enacted	30244
pursuant to Section 3 of Article XVIII, Ohio Constitution.	30245

(F) Cost share with landowners on practices established	30246
pursuant to division (E)(5) of this section as moneys are	30247
appropriated and available for that purpose. Any practice for	30248
which cost share is provided shall be maintained for its useful	30249
life. Failure to maintain a cost share practice for its useful	30250
life shall subject the landowner to full repayment to the	30251
division.	30252

(G) Issue orders requiring compliance with any rule adopted	30253
under division (E)(1) of this section or with section 1511.022 of	30254
the Revised Code. Before the chief issues an order, the chief	30255
shall afford each person allegedly liable an adjudication hearing	30256
under Chapter 119. of the Revised Code. The chief may require in	30257
an order that a person who has caused agricultural pollution by	30258
failure to comply with the standards established under division	30259
(E)(1) of this section operate under an operation and management	30260
plan approved by the chief under this section. The chief shall	30261
require in an order that a person who has failed to comply with	30262
division (A) of section 1511.022 of the Revised Code prepare a	30263
composting plan in accordance with rules adopted under division	30264
(E)(10)(c) of this section and operate in accordance with that	30265
plan or that a person who has failed to operate in accordance with	30266
such a plan begin to operate in accordance with it. Each order	30267
shall be issued in writing and contain a finding by the chief of	30268
the facts upon which the order is based and the standard that is	30269
not being met.	30270

(H) Employ field assistants and such other employees as are	30271
necessary for the performance of the work prescribed by Chapter	30272
1515. of the Revised Code, for performance of work of the	30273
division, and as agreed to under working agreements or contractual	30274
arrangements with local soil and water conservation districts,	30275
prescribe their duties, and fix their compensation in accordance	30276
with such schedules as are provided by law for the compensation of	30277
state employees.	30278

All employees of the division, unless specifically exempted	30279
by law, shall be employed subject to the classified civil service	30280
laws in force at the time of employment.	30281

(I) In connection with new or relocated projects involving	30282
highways, underground cables, pipelines, railroads, and other	30283
improvements affecting soil and water resources, including surface	30284
and subsurface drainage:	30285

(1) Provide engineering service as is mutually agreeable to	30286
the Ohio soil and water conservation commission and the director	30287
to aid in the design and installation of soil and water	30288
conservation practices as a necessary component of such projects;	30289

(2) Maintain close liaison between the owners of lands on	30290
which the projects are executed, local soil and water conservation	30291
districts, and authorities responsible for such projects;	30292

(3) Review plans for such projects to ensure their compliance	30293
with standards developed under division (E) of this section in	30294
cooperation with the department of transportation or with any	30295
other interested agency that is engaged in soil or water	30296
conservation projects in the state in order to minimize adverse	30297
impacts on soil and water resources adjacent to or otherwise	30298
affected by these projects;	30299

(4) Recommend measures to retard erosion and protect soil and	30300
water resources through the installation of water impoundment or	30301
other soil and water conservation practices;	30302

(5) Cooperate with other agencies and subdivisions of the	30303
state to protect the agricultural status of rural lands adjacent	30304
to such projects and control adverse impacts on soil and water	30305
resources.	30306

(J) Collect, analyze, inventory, and interpret all available	30307
information pertaining to the origin, distribution, extent, use,	30308
and conservation of the soil resources of the state;	30309

(K) Prepare and maintain up-to-date reports, maps, and other	30310
materials pertaining to the soil resources of the state and their	30311
use and make that information available to governmental agencies,	30312
public officials, conservation entities, and the public;	30313

(L) Provide soil and water conservation districts with	30314
technical assistance including on-site soil investigations and	30315
soil interpretation reports on the suitability or limitations of	30316
soil to support a particular use or to plan soil conservation	30317
measures. The assistance shall be upon such terms as are mutually	30318
agreeable to the districts and the department of natural	30319
resources.	30320

(M) Assist local government officials in utilizing land use	30321
planning and zoning, current agricultural use value assessment,	30322
development reviews, and land management activities;	30323

(N) When necessary for the purposes of this chapter or	30324
Chapter 1515. of the Revised Code, develop or approve operation	30325
and management plans.	30326

This section does not restrict the excrement of domestic or	30327
farm animals defecated on land outside a concentrated animal	30328
feeding operation or runoff therefrom into the waters of the	30329
state.	30330

Sec. 1511.021. (A) Any person who owns or operates	30331
agricultural land or a concentrated animal feeding operation may	30332
develop and operate under an operation and management plan	30333
approved by the chief of the division of soil and water	30334
~~conservation~~resources under section 1511.02 of the Revised Code	30335
or by the supervisors of the local soil and water conservation	30336
district under section 1515.08 of the Revised Code.	30337

(B) Any person who wishes to make a complaint regarding	30338
nuisances involving agricultural pollution may do so orally or by	30339
submitting a written, signed, and dated complaint to the chief or	30340
to the chief's designee. After receiving an oral complaint, the	30341
chief or the chief's designee may cause an investigation to be	30342
conducted to determine whether agricultural pollution has occurred	30343
or is imminent. After receiving a written, signed, and dated	30344
complaint, the chief or the chief's designee shall cause such an	30345
investigation to be conducted.	30346

(C) In a private civil action for nuisances involving	30347
agricultural pollution, it is an affirmative defense if the person	30348
owning, operating, or otherwise responsible for agricultural land	30349
or a concentrated animal feeding operation is operating under and	30350
in substantial compliance with an approved operation and	30351
management plan developed under division (A) of this section, with	30352
an operation and management plan developed by the chief under	30353
section 1511.02 of the Revised Code or by the supervisors of the	30354
local soil and water conservation district under section 1515.08	30355
of the Revised Code, or with an operation and management plan	30356
required by an order issued by the chief under division (G) of	30357
section 1511.02 of the Revised Code. Nothing in this section is in	30358
derogation of the authority granted to the chief in division (E)	30359
of section 1511.02 and in section 1511.07 of the Revised Code.	30360

Sec. 1511.022. (A) Any person who owns or operates an	30361
agricultural operation, or owns the animals raised by the owner or	30362
operator of an agricultural operation, and who wishes to conduct	30363
composting of dead animals resulting from the agricultural	30364
operation shall do both of the following:	30365

(1) Participate in an educational course concerning	30366
composting conducted by the Ohio cooperative extension service and	30367
obtain a certificate of completion for the course;	30368

(2) Use the appropriate method, technique, or practice of	30369
composting established in rules adopted under division (E)~~(10)~~(8)	30370
of section 1511.02 of the Revised Code.	30371

(B) Any person who fails to comply with division (A) of this	30372
section shall prepare and operate under a composting plan in	30373
accordance with an order issued by the chief of the division of	30374
soil and water ~~conservation~~resources under division (G) of	30375
section 1511.02 of the Revised Code. If the person's proposed	30376
composting plan is disapproved by the board of supervisors of the	30377
appropriate soil and water conservation district under division	30378
~~(U)~~(Q)(3) of section 1515.08 of the Revised Code, the person may	30379
appeal the plan disapproval to the chief, who shall afford the	30380
person a hearing. Following the hearing, the chief shall uphold	30381
the plan disapproval or reverse it. If the chief reverses the	30382
disapproval, the plan shall be deemed approved.	30383

Sec. 1511.03. The chief of the division of soil and water	30384
~~conservation~~resources may enter into contracts or agreements,	30385
with the approval of the director of natural resources, with any	30386
agency of the United States government, or any other public or	30387
private agency, or organization, for the performance of the	30388
prescribed duties of the division, or for accomplishing	30389
cooperative projects within the designated duties of the division.	30390

Sec. 1511.04. The chief of the division of soil and water	30391
~~conservation~~resources may accept, on behalf of the department of	30392
natural resources, donations, grants and contributions in money,	30393
service, or equipment to enlarge or expedite the prescribed work	30394
of the division.	30395

Sec. 1511.05. The chief of the division of soil and water	30396
~~conservation~~resources, subject to approval of the terms of the	30397
agreement by the soil and water conservation commission, shall	30398
enter into cooperative agreements with the board of supervisors of	30399
any soil and water conservation district desiring to enter into	30400
such agreements pursuant to section 1515.08 of the Revised Code.	30401
Such agreements shall be entered into to obtain compliance with	30402
rules and orders of the chief pertaining to agricultural pollution	30403
abatement and urban sediment pollution abatement.	30404

The chief or any person designated by the chief may upon	30405
obtaining agreement with the owner, tenant, or manager of any	30406
land, public or private, enter thereon to make inspections to	30407
determine whether or not there is compliance with the rules	30408
adopted under division (E)(1) of section 1511.02 of the Revised	30409
Code. Upon reason to believe there is a violation, the chief or	30410
~~his~~the chief's designee may apply for and a judge of the court of	30411
common pleas for the county where the land is located may issue an	30412
appropriate inspection warrant as necessary to achieve the	30413
purposes of this chapter.	30414

Sec. 1511.06. The chief of the division of soil and water	30415
~~conservation~~resources may enter into agreements with local	30416
government agencies for the purpose of soil surveys, land use	30417
inventories, and other soil-related duties.	30418

Sec. 1511.07. (A)(1) No person shall fail to comply with an	30419
order of the chief of the division of soil and water ~~conservation~~	30420
resources issued pursuant to division (G) of section 1511.02 of	30421
the Revised Code.	30422

(2) In addition to the remedies provided and irrespective of	30423
whether an adequate remedy at law exists, the chief may apply to	30424
the court of common pleas in the county where a violation of a	30425
standard established under division (E)(1) or ~~(10)~~(8)(b) of	30426
section 1511.02 of the Revised Code causes pollution of the waters	30427
of the state for an order to compel the violator to cease the	30428
violation and to remove the agricultural pollutant or to comply	30429
with the rules adopted under division (E)~~(10)~~(8)(b) of that	30430
section, as appropriate.	30431

(3) In addition to the remedies provided and irrespective of	30432
whether an adequate remedy at law exists, whenever the chief	30433
officially determines that an emergency exists because of an	30434
unauthorized release, spill, or discharge of animal waste, or a	30435
violation of a rule adopted under division (E)~~(10)~~(8)(b) of	30436
section 1511.02 of the Revised Code, that causes pollution of the	30437
waters of the state, the chief may, without notice or hearing,	30438
issue an order reciting the existence of the emergency and	30439
requiring that necessary action be taken to meet the emergency.	30440
The order shall be effective immediately. Any person to whom the	30441
order is directed shall comply with the order immediately, but on	30442
application to the chief shall be afforded a hearing as soon as	30443
possible, but not later than twenty days after making the	30444
application. On the basis of the hearing, the chief shall continue	30445
the order in effect, revoke it, or modify it. No emergency order	30446
shall remain in effect for more than sixty days after its	30447
issuance. If a person to whom an order is issued does not comply	30448
with the order within a reasonable period, as determined by the	30449
chief, the chief or the chief's designee may enter upon private or	30450
public lands and take action to mitigate, minimize, remove, or	30451
abate the release, spill, discharge, or conditions caused by the	30452
violation of the rule.	30453

(B) The attorney general, upon the written request of the	30454
chief, shall bring appropriate legal action in Franklin county	30455
against any person who fails to comply with an order of the chief	30456
issued pursuant to division (G) of section 1511.02 of the Revised	30457
Code.	30458

Sec. 1511.071. There is hereby created in the state treasury	30459
the agricultural pollution abatement fund, which shall be	30460
administered by the chief of the division of soil and water	30461
~~conservation~~resources. The fund may be used to pay costs incurred	30462
by the division under division (A)(3) of section 1511.07 of the	30463
Revised Code in investigating, mitigating, minimizing, removing,	30464
or abating any pollution of the waters of the state caused by an	30465
unauthorized release, spill, or discharge of animal waste into or	30466
upon the environment that requires emergency action to protect the	30467
public health.	30468

Any person responsible for causing or allowing an	30469
unauthorized release, spill, or discharge is liable to the chief	30470
for any costs incurred by the division and soil and water	30471
conservation districts in investigating, mitigating, minimizing,	30472
removing, or abating the release, spill, or discharge, regardless	30473
of whether those costs were paid out of the agricultural pollution	30474
abatement fund or any other fund of the division or a district.	30475
Upon the request of the chief, the attorney general shall bring a	30476
civil action against the responsible person to recover those	30477
costs. Moneys recovered under this section shall be paid into the	30478
agricultural pollution abatement fund.	30479

Sec. 1511.08. Any person claiming to be deprived of a right	30480
or protection afforded ~~him~~the person by law by an order of the	30481
chief of the division of soil and water ~~conservation~~resources,	30482
except an order which adopts a rule, may appeal to the court of	30483
common pleas of Franklin county or the court of common pleas of	30484
the county in which the alleged violation exists.	30485

If the court finds that the order of the chief appealed from	30486
was lawful and reasonable, it shall affirm such order. If the	30487
court finds that such order was unreasonable or unlawful, it shall	30488
vacate such order and make the order which it finds the chief	30489
should have made. The judgment of the court is final unless	30490
reversed, vacated, or modified on appeal.	30491

Sec. 1514.08. (A) The chief of the division of mineral	30492
resources management may adopt, amend, and rescind rules in	30493
accordance with Chapter 119. of the Revised Code in order to	30494
prescribe procedures for submitting applications for permits,	30495
amendments to permits, and amendments to plans of mining and	30496
reclamation; filing annual reports and final reports; requesting	30497
inspection and approval of reclamation; paying permit and filing	30498
fees; and filing and obtaining the release of performance bonds	30499
deposited with the state. For the purpose of preventing damage to	30500
adjoining property or achieving one or more of the performance	30501
standards established in division (A)(10) of section 1514.02 of	30502
the Revised Code, the chief may establish classes of mining	30503
industries, based upon industrial categories, combinations of	30504
minerals produced, and geological conditions in which surface or	30505
in-stream mining operations occur, and may prescribe different	30506
rules consistent with the performance standards for each class.	30507
For the purpose of apportioning the workload of the division of	30508
mineral resources management among the quarters of the year, the	30509
rules may require that applications for permits and annual reports	30510
be filed in different quarters of the year, depending upon the	30511
county in which the operation is located.	30512

(B) The chief shall adopt rules under this section that do	30513
all of the following:	30514

(1) With respect to in-stream mining, and in consultation	30515
with the chief of the division of soil and water resources,	30516
determine periods of low flow, which are the only time periods	30517
during which in-stream mining is allowed, and develop and	30518
implement any criteria, in addition to the criteria established in	30519
section 1514.02 of the Revised Code, that the chief determines are	30520
necessary for the permitting of in-stream mining;	30521

(2) Establish criteria and procedures for approving or	30522
disapproving the transfer of a surface or in-stream mining permit	30523
under division (F) of section 1514.02 of the Revised Code;	30524

(3) Define when any of the following may be considered to be	30525
"significant" for purposes of section 1514.022 of the Revised	30526
Code:	30527

(a) An amendment to a permit issued under section 1514.02 of	30528
the Revised Code for a surface or in-stream mining operation;	30529

(b) An amendment to the plan of mining and reclamation that	30530
must be filed with an application for either permit under section	30531
1514.02 of the Revised Code;	30532

(c) Changes to that plan of mining and reclamation that are	30533
proposed in a permit renewal application filed under section	30534
1514.021 of the Revised Code.	30535

In defining "significant," the chief shall focus on changes	30536
that increase the likelihood that the mining operation may have a	30537
negative impact on the public.	30538

(4) Establish a framework and procedures under which the	30539
amount of any bond required to be filed under this chapter to	30540
ensure the satisfactory performance of the reclamation measures	30541
required under this chapter may be reduced by subtracting a credit	30542
based on the operator's past compliance with this chapter and	30543
rules adopted and orders issued under it. The rules also shall	30544
apply to cash, an irrevocable letter of credit, or a certificate	30545
of deposit that is on deposit in lieu of a bond. In establishing	30546
the amount of credit that an operator or applicant may receive	30547
based on past compliance, the chief may consider past compliance	30548
with respect to any permit for a surface or in-stream mining	30549
operation that has been issued in this state to the operator or	30550
applicant.	30551

(5) Establish criteria and procedures for granting a variance	30552
from compliance with the prohibitions established in divisions	30553
(E)(3) and (F)(3) of section 1514.10 of the Revised Code. The	30554
criteria shall ensure that an operator may obtain a variance only	30555
if compliance with the applicable prohibition is not necessary to	30556
prevent damage to the watercourse or surrounding areas.	30557

Sec. 1514.10. No person shall:

30558

(A)(1) Engage in surface mining without a permit;

30559

(2) Engage in in-stream mining or conduct an in-stream mining	30560
operation without an in-stream mining permit issued by the chief	30561
of the division of mineral resources management. A person who, on	30562
~~the effective date of this amendment~~March 15, 2002, holds a valid	30563
permit to conduct in-stream mining that is issued under section 10	30564
of the "Rivers and Harbors Appropriation Act of 1899," 30 Stat.	30565
1151, 33 U.S.C. 403, as amended, shall not be required to obtain	30566
an in-stream mining permit from the chief under this chapter until	30567
the existing permit expires.	30568

(B) Exceed the limits of a surface or in-stream mining permit	30569
or amendment to a permit by mining land contiguous to an area of	30570
land affected under a permit or amendment, which contiguous land	30571
is not under a permit or amendment;	30572

(C) Purposely misrepresent or omit any material fact in an	30573
application for a surface or in-stream mining permit or amendment,	30574
an annual or final report, or any hearing or investigation	30575
conducted by the chief or the reclamation commission;	30576

(D) Fail to perform any measure set forth in the approved	30577
plan of mining and reclamation that is necessary to prevent damage	30578
to adjoining property or to achieve a performance standard	30579
required in division (A)(10) of section 1514.02 of the Revised	30580
Code, or violate any other requirement of this chapter, a rule	30581
adopted thereunder, or an order of the chief;	30582

(E) Conduct surface excavations of minerals within any of the	30583
following:	30584

(1) One hundred twenty feet horizontal distance outward from	30585
the highwater mark on each bank of an area designated as a wild,	30586
scenic, or recreational river area under sections ~~1517.14~~1547.81	30587
to ~~1517.18~~1547.87 of the Revised Code or of a portion of a river	30588
designated as a component of the national wild and scenic river	30589
system under the "Wild and Scenic Rivers Act," 82 Stat. 906	30590
(1968), 16 U.S.C. 1274, as amended;	30591

(2) Seventy-five feet horizontal distance outward from the	30592
highwater mark on each bank of a watercourse that drains a surface	30593
area of more than one hundred square miles;	30594

(3) Fifty feet horizontal distance outward from the highwater	30595
mark on each bank of a watercourse that drains a surface area of	30596
more than twenty-five square miles, but fewer than one hundred	30597
square miles unless a variance is obtained under rules adopted by	30598
the chief.	30599

(F) Conduct any surface mining activity within any of the	30600
following:	30601

(1) Seventy-five feet horizontal distance outward from the	30602
highwater mark on each bank of an area designated as a wild,	30603
scenic, or recreational river area under sections ~~1517.14~~1547.81	30604
to ~~1517.18~~1547.87 of the Revised Code or of a portion of a river	30605
designated as a component of the national wild and scenic river	30606
system under the "Wild and Scenic Rivers Act," 82 Stat. 906	30607
(1968), 16 U.S.C. 1274, as amended;	30608

(2) Seventy-five feet horizontal distance outward from the	30609
highwater mark on each bank of a watercourse that drains a surface	30610
area of more than one hundred square miles;	30611

(3) Fifty feet horizontal distance outward from the highwater	30612
mark on each bank of a watercourse that drains a surface area of	30613
more than twenty-five square miles, but fewer than one hundred	30614
square miles unless a variance is obtained under rules adopted by	30615
the chief.	30616

A person who has been issued a surface mining permit prior to	30617
~~the effective date of this amendment~~March 15, 2002 may continue	30618
to operate under that permit and shall not be subject to the	30619
prohibitions established in divisions (E) and (F) of this section	30620
until the permit is renewed.	30621

The number of square miles of surface area that a watercourse	30622
drains shall be determined by consulting the "gazetteer of Ohio	30623
streams," which is a portion of the Ohio water plan inventory	30624
published in 1960 by the division of water in the department of	30625
natural resources, or its successor, if any.	30626

(G) Engage in any part of a process that is followed in the	30627
production of minerals from the bottom of the channel of a	30628
watercourse in any of the following circumstances or areas:	30629

(1) In an area designated as a wild, scenic, or recreational	30630
river area under sections ~~1517.14~~1547.81 to ~~1517.18~~1547.87 of	30631
the Revised Code, in a portion of a river designated as a	30632
component of the national wild and scenic river system under the	30633
"Wild and Scenic Rivers Act," 82 Stat. 906 (1968), 16 U.S.C. 1274,	30634
as amended, or within one-half mile upstream of any portion of	30635
such an area or component;	30636

(2) During periods other than periods of low flow, as	30637
determined by rules adopted under section 1514.08 of the Revised	30638
Code;	30639

(3) During critical fish or mussel spawning seasons as	30640
determined by the chief of the division of wildlife under Chapter	30641
1531. of the Revised Code and rules adopted under it;	30642

(4) In an area known to possess critical spawning habitat for	30643
a species of fish or mussel that is on the federal endangered	30644
species list established in accordance with the "Endangered	30645
Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531-1543, as	30646
amended, or the state endangered species list established in rules	30647
adopted under section 1531.25 of the Revised Code.	30648

Division (G) of this section does not apply to the activities	30649
described in divisions (M)(1) and (2) of section 1514.01 of the	30650
Revised Code.	30651

Sec. 1514.13. (A) The chief of the division of mineral	30652
resources management shall use the compilation of data for ground	30653
water modeling submitted under section 1514.02 of the Revised Code	30654
to establish a projected cone of depression for any surface mining	30655
operation that may result in dewatering. The chief shall consult	30656
with the chief of the division of soil and water resources when	30657
projecting a cone of depression. An applicant for a surface mining	30658
permit for such an operation may submit ground water modeling that	30659
shows a projected cone of depression for that operation to the	30660
chief, provided that the modeling complies with rules adopted by	30661
the chief regarding ground water modeling. However, the chief	30662
shall establish the projected cone of depression for the purposes	30663
of this section.	30664

The chief shall adopt, and may amend and rescind, rules in	30665
accordance with Chapter 119. of the Revised Code establishing	30666
requirements and standards governing both of the following:	30667

(1) Ground water modeling for establishing a projected cone	30668
of depression. A ground water model shall be generally accepted in	30669
the scientific community.	30670

(2) Replacement of water supplies.

30671

(B)(1) If an owner of real property who obtains all or part	30672
of the owner's water supply for domestic, agricultural,	30673
industrial, or other legitimate use from ground water has a	30674
diminution, contamination, or interruption of that water supply	30675
and the owner's real property is located within the projected cone	30676
of depression of a surface mining operation established under this	30677
section, the owner may submit a written complaint to the operator	30678
of that operation or to the chief informing the operator or the	30679
chief that there is a diminution, contamination, or interruption	30680
of the owner's water supply. The complaint shall include the	30681
owner's name, address, and telephone number.	30682

If the chief receives a written complaint, the chief	30683
immediately shall send a copy of the complaint to the operator,	30684
and the operator immediately shall respond by sending the chief a	30685
statement that explains how the operator resolved or will resolve	30686
the complaint. If the operator receives a written complaint, the	30687
operator immediately shall send to the chief a copy of the	30688
complaint and include a statement that explains how the operator	30689
resolved or will resolve the complaint. Not later than seventy-two	30690
hours after receipt of the complaint, the operator shall provide	30691
the owner a supply of water that is comparable, in quantity and	30692
quality, to the owner's water supply prior to the diminution,	30693
contamination, or interruption of the owner's water supply. The	30694
operator shall maintain that water supply until the operator	30695
provides a permanent replacement water supply to the owner under	30696
division (B)(3) of this section or until the division of mineral	30697
resources management completes the evaluation under division	30698
(B)(2) of this section, whichever is applicable.	30699

(2) A rebuttable presumption exists that the operation caused	30700
the diminution, contamination, or interruption of the owner's	30701
water supply. However, not later than fourteen days after receipt	30702
of the complaint, the operator may submit to the division	30703
information showing that the operation is not the proximate cause	30704
of the diminution, contamination, or interruption of the owner's	30705
water supply. The division shall evaluate the information	30706
submitted by the operator to determine if the presumption is	30707
rebutted. If the operator fails to rebut the presumption, the	30708
division immediately shall notify the operator that the operator	30709
failed to rebut the presumption. Not later than fourteen days	30710
after receipt of that notice, the operator shall provide the owner	30711
a permanent replacement water supply that is comparable, in	30712
quantity and quality, to the owner's water supply prior to the	30713
diminution, contamination, or interruption of the owner's water	30714
supply. If the operator rebuts the presumption, the division	30715
immediately shall notify the operator that the operator rebutted	30716
the presumption, and, upon receipt of that notice, the operator	30717
may cease providing a supply of water to the owner under division	30718
(B)(1) of this section.	30719

(3) If, within fourteen days after receipt of the complaint,	30720
the operator does not submit to the division information showing	30721
that the operation is not the proximate cause of the diminution,	30722
contamination, or interruption of the owner's water supply, the	30723
operator shall provide the owner, not later than twenty-eight days	30724
after receipt of the complaint, a permanent replacement water	30725
supply that is comparable, in quantity and quality, to the owner's	30726
water supply prior to the diminution, contamination, or	30727
interruption of the owner's water supply.	30728

(4) The division may investigate a complaint under division	30729
(B) of this section.	30730

(C) If an owner of real property who obtains all or part of	30731
the owner's water supply for domestic, agricultural, industrial,	30732
or other legitimate use from ground water has a diminution,	30733
contamination, or interruption of that water supply and the	30734
owner's real property is not located within the projected cone of	30735
depression of a surface mining operation established under this	30736
section, the owner may submit a written complaint to the operator	30737
of that operation or to the chief informing the operator or the	30738
chief that there is a diminution, contamination, or interruption	30739
of the owner's water supply. The complaint shall include the	30740
owner's name, address, and telephone number.	30741

If the operator receives a written complaint, the operator	30742
immediately shall send the chief a copy of the complaint. If the	30743
chief receives a written complaint, the chief immediately shall	30744
send the operator a copy of the complaint. The chief shall	30745
investigate any complaint submitted under this division and, upon	30746
completion of the investigation, immediately shall send the	30747
results of the investigation to the operator and to the owner that	30748
filed the complaint.	30749

An owner that submits a written complaint under this division	30750
may resolve the diminution, contamination, or interruption of the	30751
owner's water supply with the operator of that operation or may	30752
commence a civil action for that purpose.	30753

(D) An operator may request the chief to amend the plan of	30754
mining and reclamation filed with the application under section	30755
1514.02 of the Revised Code when a ground water user may affect	30756
the projected cone of depression established for the operation	30757
under division (A) of this section. The operator shall submit	30758
additional data that reflect the ground water user's impact on the	30759
ground water. The chief shall perform ground water modeling using	30760
the additional data and may establish a revised projected cone of	30761
depression for that operation.	30762

(E) This section shall not be construed as creating,	30763
modifying, or affecting any right, liability, or remedy of surface	30764
riparian owners.	30765

Sec. 1515.08. The supervisors of a soil and water	30766
conservation district have the following powers in addition to	30767
their other powers:	30768

(A) To conduct surveys, investigations, and research relating	30769
to the character of soil erosion, floodwater and sediment damages,	30770
and the preventive and control measures and works of improvement	30771
for flood prevention and the conservation, development,	30772
utilization, and disposal of water needed within the district, and	30773
to publish the results of those surveys, investigations, or	30774
research, provided that no district shall initiate any research	30775
program except in cooperation or after consultation with the Ohio	30776
agricultural research and development center;	30777

(B) To develop plans for the conservation of soil resources,	30778
for the control and prevention of soil erosion, and for works of	30779
improvement for flood prevention and the conservation,	30780
development, utilization, and disposal of water within the	30781
district, and to publish those plans and information;	30782

(C) To implement, construct, repair, maintain, and operate	30783
preventive and control measures and other works of improvement for	30784
natural resource conservation and development and flood	30785
prevention, and the conservation, development, utilization, and	30786
disposal of water within the district on lands owned or controlled	30787
by this state or any of its agencies and on any other lands within	30788
the district, which works may include any facilities authorized	30789
under state or federal programs, and to acquire, by purchase or	30790
gift, to hold, encumber, or dispose of, and to lease real and	30791
personal property or interests in such property for those	30792
purposes;	30793

(D) To cooperate or enter into agreements with any occupier	30794
of lands within the district in the carrying on of natural	30795
resource conservation operations and works of improvement for	30796
flood prevention and the conservation, development, utilization,	30797
and management of natural resources within the district, subject	30798
to such conditions as the supervisors consider necessary;	30799

(E) To accept donations, gifts, grants, and contributions in	30800
money, service, materials, or otherwise, and to use or expend them	30801
according to their terms;	30802

(F) To adopt, amend, and rescind rules to carry into effect	30803
the purposes and powers of the district;	30804

(G) To sue and plead in the name of the district, and be sued	30805
and impleaded in the name of the district, with respect to its	30806
contracts and, as indicated in section 1515.081 of the Revised	30807
Code, certain torts of its officers, employees, or agents acting	30808
within the scope of their employment or official responsibilities,	30809
or with respect to the enforcement of its obligations and	30810
covenants made under this chapter;	30811

(H) To make and enter into all contracts, leases, and	30812
agreements and execute all instruments necessary or incidental to	30813
the performance of the duties and the execution of the powers of	30814
the district under this chapter, provided that all of the	30815
following apply:	30816

(1) Except as provided in section 307.86 of the Revised Code	30817
regarding expenditures by boards of county commissioners, when the	30818
cost under any such contract, lease, or agreement, other than	30819
compensation for personal services or rental of office space,	30820
involves an expenditure of more than the amount established in	30821
that section regarding expenditures by boards of county	30822
commissioners, the supervisors shall make a written contract with	30823
the lowest and best bidder after advertisement, for not less than	30824
two nor more than four consecutive weeks preceding the day of the	30825
opening of bids, in a newspaper of general circulation within the	30826
district and in such other publications as the supervisors	30827
determine. The notice shall state the general character of the	30828
work and materials to be furnished, the place where plans and	30829
specifications may be examined, and the time and place of	30830
receiving bids.	30831

(2) Each bid for a contract shall contain the full name of	30832
every person interested in it.	30833

(3) Each bid for a contract for the construction, demolition,	30834
alteration, repair, or reconstruction of an improvement shall meet	30835
the requirements of section 153.54 of the Revised Code.	30836

(4) Each bid for a contract, other than a contract for the	30837
construction, demolition, alteration, repair, or reconstruction of	30838
an improvement, at the discretion of the supervisors, may be	30839
accompanied by a bond or certified check on a solvent bank in an	30840
amount not to exceed five per cent of the bid, conditioned that,	30841
if the bid is accepted, a contract shall be entered into.	30842

(5) The supervisors may reject any and all bids.

30843

(I) To make agreements with the department of natural	30844
resources giving it control over lands of the district for the	30845
purpose of construction of improvements by the department under	30846
section 1501.011 of the Revised Code;	30847

(J) To charge, alter, and collect rentals and other charges	30848
for the use or services of any works of the district;	30849

(K) To enter, either in person or by designated	30850
representatives, upon lands, private or public, in the necessary	30851
discharge of their duties;	30852

(L) To enter into agreements or contracts with the department	30853
for the determination, implementation, inspection, and funding of	30854
agricultural pollution abatement and urban sediment pollution	30855
abatement measures whereby landowners, operators, managers, and	30856
developers may meet adopted state standards for a quality	30857
environment, except that failure of a district board of	30858
supervisors to negotiate an agreement or contract with the	30859
department shall authorize the division of soil and water	30860
~~conservation~~resources to implement the required program;	30861

(M) To conduct demonstrations and provide information to the	30862
public regarding practices and methods for natural resource	30863
conservation, development, and utilization;	30864

(N) ~~Until June 1, 1996, to conduct surveys and investigations~~	30865
~~relating to the incidence of the multiflora rose within the~~	30866
~~district and of the nature and extent of the adverse effects of~~	30867
~~the multiflora rose on agriculture, forestry, recreation, and~~	30868
~~other beneficial land uses;~~	30869

~~(O) Until June 1, 1996, to develop plans for the control of~~	30870
~~the multiflora rose within the district and to publish those plans~~	30871
~~and information related to control of the multiflora rose;~~	30872

~~(P) Until June 1, 1996, to enter into contracts or agreements~~	30873
~~with the chief of the division of soil and water conservation to~~	30874
~~implement and administer a program for control of the multiflora~~	30875
~~rose and to receive and expend funds provided by the chief for~~	30876
~~that purpose;~~	30877

~~(Q) Until June 1, 1996, to enter into cost-sharing agreements~~	30878
~~with landowners for control of the multiflora rose. Before~~	30879
~~entering into any such agreement, the board of supervisors shall~~	30880
~~determine that the landowner's application meets the eligibility~~	30881
~~criteria established under division (E)(6) of section 1511.02 of~~	30882
~~the Revised Code. The cost-sharing agreements shall contain the~~	30883
~~contract provisions required by the rules adopted under that~~	30884
~~division and such other provisions as the board of supervisors~~	30885
~~considers appropriate to ensure effective control of the~~	30886
~~multiflora rose.~~	30887

~~(R)~~ To enter into contracts or agreements with the chief of	30888
the division of soil and water resources to implement and	30889
administer a program for urban sediment pollution abatement and to	30890
receive and expend moneys provided by the chief for that purpose;	30891

~~(S)~~(O) To develop operation and management plans, as defined	30892
in section 1511.01 of the Revised Code, as necessary;	30893

~~(T)~~(P) To determine whether operation and management plans	30894
developed under division (A) of section 1511.021 of the Revised	30895
Code comply with the standards established under division (E)(1)	30896
of section 1511.02 of the Revised Code and to approve or	30897
disapprove the plans, based on such compliance. If an operation	30898
and management plan is disapproved, the board shall provide a	30899
written explanation to the person who submitted the plan. The	30900
person may appeal the plan disapproval to the chief, who shall	30901
afford the person a hearing. Following the hearing, the chief	30902
shall uphold the plan disapproval or reverse it. If the chief	30903
reverses the plan disapproval, the plan shall be deemed approved	30904
under this division. In the event that any person operating or	30905
owning agricultural land or a concentrated animal feeding	30906
operation in accordance with an approved operation and management	30907
plan who, in good faith, is following that plan, causes	30908
agricultural pollution, the plan shall be revised in a fashion	30909
necessary to mitigate the agricultural pollution, as determined	30910
and approved by the board of supervisors of the soil and water	30911
conservation district.	30912

~~(U)~~(Q) With regard to composting conducted in conjunction	30913
with agricultural operations, to do all of the following:	30914

(1) Upon request or upon their own initiative, inspect	30915
composting at any such operation to determine whether the	30916
composting is being conducted in accordance with section 1511.022	30917
of the Revised Code;	30918

(2) If the board determines that composting is not being so	30919
conducted, request the chief to issue an order under division (G)	30920
of section 1511.02 of the Revised Code requiring the person who is	30921
conducting the composting to prepare a composting plan in	30922
accordance with rules adopted under division (E)~~(10)~~(8)(c) of that	30923
section and to operate in accordance with that plan or to operate	30924
in accordance with a previously prepared plan, as applicable;	30925

(3) In accordance with rules adopted under division	30926
(E)~~(10)~~(8)(c) of section 1511.02 of the Revised Code, review and	30927
approve or disapprove any such composting plan. If a plan is	30928
disapproved, the board shall provide a written explanation to the	30929
person who submitted the plan.	30930

As used in division ~~(U)~~(Q) of this section, "composting" has	30931
the same meaning as in section 1511.01 of the Revised Code.	30932

~~(V)~~(R) With regard to conservation activities that are	30933
conducted in conjunction with agricultural operations, to assist	30934
the county auditor, upon request, in determining whether a	30935
conservation activity is a conservation practice for purposes of	30936
Chapter 929. or sections 5713.30 to 5713.37 and 5715.01 of the	30937
Revised Code.	30938

As used in this division, "conservation practice" has the	30939
same meaning as in section 5713.30 of the Revised Code.	30940

~~(W)~~(S) To do all acts necessary or proper to carry out the	30941
powers granted in this chapter.	30942

The director of natural resources shall make recommendations	30943
to reduce the adverse environmental effects of each project that a	30944
soil and water conservation district plans to undertake under	30945
division (A), (B), (C), or (D) of this section and that will be	30946
funded in whole or in part by moneys authorized under section	30947
1515.16 of the Revised Code and shall disapprove any such project	30948
that the director finds will adversely affect the environment	30949
without equal or greater benefit to the public. The director's	30950
disapproval or recommendations, upon the request of the district	30951
filed in accordance with rules adopted by the Ohio soil and water	30952
conservation commission, shall be reviewed by the commission,	30953
which may confirm the director's decision, modify it, or add	30954
recommendations to or approve a project the director has	30955
disapproved.	30956

Any instrument by which real property is acquired pursuant to	30957
this section shall identify the agency of the state that has the	30958
use and benefit of the real property as specified in section	30959
5301.012 of the Revised Code.	30960

Sec. 1515.14. Within the limits of funds appropriated to the	30961
department of natural resources and the soil and water	30962
conservation district assistance fund created in this section,	30963
there shall be paid in each calendar year to each local soil and	30964
water conservation district an amount not to exceed one dollar for	30965
each one dollar received in accordance with section 1515.10 of the	30966
Revised Code, received from tax levies in excess of the ten-mill	30967
levy limitation approved for the benefit of local soil and water	30968
conservation districts, or received from an appropriation by a	30969
municipal corporation or a township to a maximum of eight thousand	30970
dollars, provided that the Ohio soil and water conservation	30971
commission may approve payment to a district in an amount in	30972
excess of eight thousand dollars in any calendar year upon receipt	30973
of a request and justification from the district. The county	30974
auditor shall credit such payments to the special fund established	30975
pursuant to section 1515.10 of the Revised Code for the local soil	30976
and water conservation district. The department may make advances	30977
at least quarterly to each district on the basis of the estimated	30978
contribution of the state to each district. Moneys received by	30979
each district shall be expended for the purposes of the district.	30980

For the purpose of providing money to soil and water	30981
conservation districts under this section, there is hereby created	30982
in the state treasury the soil and water conservation district	30983
assistance fund consisting of money credited to it under section	30984
3714.073 and division (A)(5) of section 3734.57 of the Revised	30985
Code.	30986

Sec. 1515.183. Upon acceptance of a petition requesting the	30987
construction of an improvement, the supervisors of a soil and	30988
water conservation district shall begin to prepare, as a guide to	30989
the board of county commissioners and the petitioners, a	30990
preliminary report regarding the proposed improvement. The	30991
supervisors shall present the completed preliminary report at the	30992
hearing that is held on the proposed improvement.	30993

The preliminary report shall include a preliminary estimate	30994
of cost, comments on the feasibility of the project, and a	30995
statement of the supervisors' opinion as to whether the benefits	30996
from the project are likely to exceed the estimated cost. The	30997
preliminary report shall identify all factors that are apparent to	30998
the supervisors, both favorable and unfavorable to the proposed	30999
improvement, so that the petitioners may be informed concerning	31000
what is involved with the construction of the improvement.	31001

In addition to reporting on the improvement as petitioned,	31002
the supervisors may submit alternate proposals to accomplish the	31003
intent of the petition. The preliminary report and all alternate	31004
proposals shall be reviewed and receive concurrence from an	31005
engineer who is employed by the division of soil and water	31006
~~conservation~~resources or by the natural resources conservation	31007
service in the United States department of agriculture and who is	31008
responsible for providing technical assistance to the district or	31009
from any other registered professional engineer whom the	31010
supervisors choose.	31011

Sec. 1517.02. There is hereby created in the department of	31012
natural resources the division of natural areas and preserves,	31013
which shall be administered by the chief of the division of	31014
natural areas and preserves. The chief shall take an oath of	31015
office and shall file in the office of the secretary of state a	31016
bond signed by the chief and by a surety approved by the governor	31017
for a sum fixed pursuant to section 121.11 of the Revised Code.	31018

The chief shall administer a system of nature preserves ~~and~~	31019
~~wild, scenic, and recreational river areas~~. The chief shall	31020
establish a system of nature preserves through acquisition and	31021
dedication of natural areas of state or national significance,	31022
which shall include, but not be limited to, areas that represent	31023
characteristic examples of Ohio's natural landscape types and its	31024
natural vegetation and geological history. The chief shall	31025
encourage landowners to dedicate areas of unusual significance as	31026
nature preserves, and shall establish and maintain a registry of	31027
natural areas of unusual significance.	31028

The chief may ~~supervise, operate, protect, and maintain wild,~~	31029
~~scenic, and recreational river areas, as designated by the~~	31030
~~director of natural resources. The chief may cooperate with~~	31031
participate in watershed planning activities with other states or	31032
federal agencies ~~administering any federal program concerning~~	31033
~~wild, scenic, or recreational river areas~~.	31034

The chief shall do the following:

31035

(A) Formulate policies and plans for the acquisition, use,	31036
management, and protection of nature preserves;	31037

(B) Formulate policies for the selection of areas suitable	31038
for registration;	31039

(C) Formulate policies for the dedication of areas as nature	31040
preserves;	31041

(D) Prepare and maintain surveys and inventories of natural	31042
areas, rare and endangered species of plants and animals, and	31043
other unique natural features. The information shall be stored in	31044
the Ohio natural heritage database, established pursuant to this	31045
division, and may be made available to any individual or private	31046
or public agency for research, educational, environmental, land	31047
management, or other similar purposes that are not detrimental to	31048
the conservation of a species or feature. Information regarding	31049
sensitive site locations of species that are listed pursuant to	31050
section 1518.01 of the Revised Code and of unique natural features	31051
that are included in the Ohio natural heritage database is not	31052
subject to section 149.43 of the Revised Code if the chief	31053
determines that the release of the information could be	31054
detrimental to the conservation of a species or unique natural	31055
feature.	31056

(E) Adopt rules for the use, visitation, and protection of	31057
nature preserves,and natural areas owned or managed through	31058
easement, license, or lease by the department and administered by	31059
the division~~, and lands owned or managed through easement,~~	31060
~~license, or lease by the department and administered by the~~	31061
~~division that are within or adjacent to any wild, scenic, or~~	31062
~~recreational river area,~~ in accordance with Chapter 119. of the	31063
Revised Code;	31064

(F) Provide facilities and improvements within the state	31065
system of nature preserves that are necessary for their	31066
visitation, use, restoration, and protection and do not impair	31067
their natural character;	31068

(G) Provide interpretive programs and publish and disseminate	31069
information pertaining to nature preserves and natural areas for	31070
their visitation and use;	31071

(H) Conduct and grant permits to qualified persons for the	31072
conduct of scientific research and investigations within nature	31073
preserves;	31074

(I) Establish an appropriate system for marking nature	31075
preserves;	31076

(J) Publish and submit to the governor and the general	31077
assembly a biennial report of the status and condition of each	31078
nature preserve, activities conducted within each preserve, and	31079
plans and recommendations for natural area preservation.	31080

Sec. 1517.10. (A) As used in this section, "felony" has the	31081
same meaning as in section 109.511 of the Revised Code.	31082

(B)(1) Any person selected by the chief of the division of	31083
natural areas and preserves for custodial or patrol service on the	31084
lands and waters operated or administered by the division shall be	31085
employed in conformity with the law applicable to the classified	31086
civil service of the state. Subject to division (C) of this	31087
section, the chief may designate that person as a preserve	31088
officer. A preserve officer, in any nature preserve, in any	31089
natural area owned or managed through easement, license, or lease	31090
by the department of natural resources and administered by the	31091
division, and on lands owned or managed through easement, license,	31092
or lease by the department and administered by the division that	31093
are ~~within or adjacent to any wild, scenic, or recreational river~~	31094
~~area established under this chapter and~~ along any trail	31095
established under Chapter 1519. of the Revised Code, has the	31096
authority specified under section 2935.03 of the Revised Code for	31097
peace officers of the department of natural resources to keep the	31098
peace, to enforce all laws and rules governing those lands and	31099
waters, and to make arrests for violation of those laws and rules,	31100
provided that the authority shall be exercised on lands or waters	31101
administered by another division of the department only pursuant	31102
to an agreement with the chief of that division or to a request	31103
for assistance by an enforcement officer of that division in an	31104
emergency. A preserve officer, in or along any watercourse within,	31105
abutting, or upstream from the boundary of any area administered	31106
by the department, has the authority to enforce section 3767.32 of	31107
the Revised Code and any other laws prohibiting the dumping of	31108
refuse into or along waters and to make arrests for violation of	31109
those laws. The jurisdiction of a preserve officer shall be	31110
concurrent with that of the peace officers of the county,	31111
township, or municipal corporation in which the violation occurs.	31112

The governor, upon the recommendation of the chief, shall	31113
issue to each preserve officer a commission indicating authority	31114
to make arrests as provided in this section.	31115

The chief shall furnish a suitable badge to each commissioned	31116
preserve officer as evidence of the preserve officer's authority.	31117

(2) If any person employed under this section is designated	31118
by the chief to act as an agent of the state in the collection of	31119
money resulting from the sale of licenses, fees of any nature, or	31120
other money belonging to the state, the chief shall require a	31121
surety bond from the person in an amount not less than one	31122
thousand dollars.	31123

(3) A preserve officer may render assistance to a state or	31124
local law enforcement officer at the request of the officer or in	31125
the event of an emergency. Preserve officers serving outside the	31126
division of natural areas and preserves under this section or	31127
serving under the terms of a mutual aid compact authorized under	31128
section 1501.02 of the Revised Code shall be considered as	31129
performing services within their regular employment for the	31130
purposes of compensation, pension or indemnity fund rights,	31131
workers' compensation, and other rights or benefits to which they	31132
may be entitled as incidents of their regular employment.	31133

Preserve officers serving outside the division of natural	31134
areas and preserves under this section or under the terms of a	31135
mutual aid compact retain personal immunity from civil liability	31136
as specified in section 9.86 of the Revised Code and shall not be	31137
considered an employee of a political subdivision for purposes of	31138
Chapter 2744. of the Revised Code. A political subdivision that	31139
uses preserve officers under this section or under the terms of a	31140
mutual aid compact authorized under section 1501.02 of the Revised	31141
Code is not subject to civil liability under Chapter 2744. of the	31142
Revised Code as a result of any action or omission of any preserve	31143
officer acting under this section or under a mutual aid compact.	31144

(C)(1) The chief of the division of natural areas and	31145
preserves shall not designate a person as a preserve officer	31146
pursuant to division (B)(1) of this section on a permanent basis,	31147
on a temporary basis, for a probationary term, or on other than a	31148
permanent basis if the person previously has been convicted of or	31149
has pleaded guilty to a felony.	31150

(2)(a) The chief of the division of natural areas and	31151
preserves shall terminate the employment as a preserve officer of	31152
a person designated as a preserve officer under division (B)(1) of	31153
this section if that person does either of the following:	31154

(i) Pleads guilty to a felony;

31155

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	31156
plea agreement as provided in division (D) of section 2929.43 of	31157
the Revised Code in which the preserve officer agrees to surrender	31158
the certificate awarded to the preserve officer under section	31159
109.77 of the Revised Code.	31160

(b) The chief shall suspend from employment as a preserve	31161
officer a person designated as a preserve officer under division	31162
(B)(1) of this section if that person is convicted, after trial,	31163
of a felony. If the preserve officer files an appeal from that	31164
conviction and the conviction is upheld by the highest court to	31165
which the appeal is taken or if the preserve officer does not file	31166
a timely appeal, the chief shall terminate the employment of that	31167
preserve officer. If the preserve officer files an appeal that	31168
results in the preserve officer's acquittal of the felony or	31169
conviction of a misdemeanor, or in the dismissal of the felony	31170
charge against the preserve officer, the chief shall reinstate	31171
that preserve officer. A preserve officer who is reinstated under	31172
division (C)(2)(b) of this section shall not receive any back pay	31173
unless that preserve officer's conviction of the felony was	31174
reversed on appeal, or the felony charge was dismissed, because	31175
the court found insufficient evidence to convict the preserve	31176
officer of the felony.	31177

(3) Division (C) of this section does not apply regarding an	31178
offense that was committed prior to January 1, 1997.	31179

(4) The suspension from employment, or the termination of the	31180
employment, of a preserve officer under division (C)(2) of this	31181
section shall be in accordance with Chapter 119. of the Revised	31182
Code.	31183

Sec. 1517.11. There is hereby created in the state treasury	31184
the natural areas and preserves fund, which shall consist of	31185
moneys transferred into it under section 5747.113 of the Revised	31186
Code and of contributions made directly to it. Any person may	31187
contribute directly to the fund in addition to or independently of	31188
the income tax refund contribution system established in that	31189
section.	31190

Moneys in the fund shall be disbursed pursuant to vouchers	31191
approved by the director of natural resources for use by the	31192
division of natural areas and preserves solely for the following	31193
purposes:	31194

(A) The acquisition of new or expanded natural areas,and	31195
nature preserves~~, and wild, scenic, and recreational river areas~~;	31196

(B) Facility development in natural areas,and nature	31197
preserves~~, and wild, scenic, and recreational river areas~~;	31198

(C) Special projects, including, but not limited to,	31199
biological inventories, research grants, and the production of	31200
interpretive material related to natural areas,and nature	31201
preserves~~, and wild, scenic, and recreational river areas~~;	31202

(D) Routine maintenance for health and safety purposes.

31203

Moneys appropriated from the fund shall not be used to fund	31204
salaries of permanent employees or administrative costs.	31205

All investment earnings of the fund shall be credited to the	31206
fund.	31207

Sec. 1519.03. The director of natural resources, through	31208
the chief of the division of ~~real estate~~parks and ~~land management~~	31209
recreation, shall prepare and maintain a current inventory of	31210
trails, abandoned or unmaintained roads, streets, and highways,	31211
abandoned railroad rights-of-way, utility easements, canals, and	31212
other scenic or historic corridors or rights-of-way that are	31213
suitable for recreational use. The director shall prepare and	31214
publish a comprehensive plan for development of a statewide trails	31215
system to serve present and future trail recreation needs of the	31216
state. Any state department, agency, political subdivision, or	31217
planning commission shall furnish available maps, descriptions,	31218
and other pertinent information to the director or provide access	31219
to ~~his~~the director's representatives for inspection and	31220
duplication, upon request by the director, for trail inventory and	31221
planning purposes.	31222

Sec. 1520.02. (A) The director of natural resources has	31223
exclusive authority to administer, manage, and establish policies	31224
governing canal lands.	31225

(B)(1) The director may sell, lease, exchange, give, or grant	31226
all or part of the state's interest in any canal lands in	31227
accordance with section 1501.01 of the Revised Code. The director	31228
may stipulate that an appraisal or survey need not be conducted	31229
for, and may establish any terms or conditions that the director	31230
determines appropriate for, any such conveyance.	31231

Prior to proposing the conveyance of any canal lands, the	31232
director shall consider the local government needs and economic	31233
development potential with respect to the canal lands and the	31234
recreational, ecological, and historical value of the canal lands.	31235
In addition, the conveyance of canal lands shall be conducted in	31236
accordance with the director's policies governing the protection	31237
and conservation of canal lands established under this section.	31238

(2) With regard to canal lands, the chief of the division of	31239
~~water~~parks and recreation, with the approval of the director, may	31240
sell, lease, or transfer minerals or mineral rights when the	31241
chief, with the approval of the director, determines that the	31242
sale, lease, or transfer is in the best interest of the state.	31243
Consideration for minerals and mineral rights shall be by rental	31244
or on a royalty basis as prescribed by the chief, with the	31245
approval of the director, and payable as prescribed by contract.	31246
Moneys collected under division (B)(2) of this section shall be	31247
paid into the state treasury to the credit of the canal lands fund	31248
created in section 1520.05 of the Revised Code.	31249

(C) The director may transfer to the Ohio historical society	31250
any equipment, maps, and records used on or related to canal lands	31251
that are of historical interest and that are not needed by the	31252
director to administer this chapter.	31253

(D) If the director determines that any canal lands are a	31254
necessary part of a county's drainage or ditch system and are not	31255
needed for any purpose of the department of natural resources, the	31256
director may sell, grant, or otherwise convey those canal lands to	31257
that county in accordance with division (B) of this section. The	31258
board of county commissioners shall accept the transfer of canal	31259
lands.	31260

(E) Notwithstanding any other section of the Revised Code,	31261
the county auditor shall transfer any canal lands conveyed under	31262
this section, and the county recorder shall record the deed for	31263
those lands in accordance with section 317.12 of the Revised Code.	31264

Sec. 1520.03. (A) The director of natural resources may	31265
appropriate real property in accordance with Chapter 163. of the	31266
Revised Code for the purpose of administering this chapter.	31267

(B)(1) The director shall operate and maintain all canals and	31268
canal reservoirs owned by the state except those canals that are	31269
operated by the Ohio historical society on July 1, 1989.	31270

(2) On behalf of the director, the division of ~~water~~parks	31271
and recreation shall have the care and control of all canals and	31272
canal reservoirs owned by the state, the water in them, and canal	31273
lands and shall protect, operate, and maintain them and keep them	31274
in repair. The chief of the division of ~~water~~parks and recreation	31275
may remove obstructions from or on them and shall make any	31276
alterations or changes in or to them and construct any feeders,	31277
dikes, reservoirs, dams, locks, or other works, devices, or	31278
improvements in or on them that are necessary in the discharge of	31279
the chief's duties.	31280

In accordance with Chapter 119. of the Revised Code, the	31281
chief may adopt, amend, and rescind rules that are necessary for	31282
the administration of this division.	31283

(C) The director may sell or lease water from any canal or	31284
canal reservoir that the director operates and maintains only to	31285
the extent that the water is in excess of the quantity that is	31286
required for navigation, recreation, and wildlife purposes. ~~The~~	31287
With the approval of the director, the chief may adopt, amend, and	31288
rescind rules in accordance with Chapter 119. of the Revised Code	31289
necessary to administer this division.	31290

The withdrawal of water from any canal or canal reservoir for	31291
domestic use is exempt from this division. However, the director	31292
may require water conservation measures for water that is	31293
withdrawn from any canal or canal reservoir for domestic use	31294
during drought conditions or other emergencies declared by the	31295
governor.	31296

(D) No person shall take or divert water from any canal or	31297
canal reservoir operated and maintained by the director except in	31298
accordance with division (C) of this section.	31299

(E) At the request of the director, the attorney general may	31300
commence a civil action for civil penalties and injunctions, in a	31301
court of common pleas, against any person who has violated or is	31302
violating division (D) of this section. The court of common pleas	31303
in which an action for injunctive relief is filed has jurisdiction	31304
to and shall grant preliminary and permanent injunctive relief	31305
upon a showing that the person against whom the action is brought	31306
has violated or is violating that division.	31307

Upon a finding of a violation, the court shall assess a civil	31308
penalty of not more than one thousand dollars for each day of each	31309
violation if the violator is an individual who took or diverted	31310
the water in question for residential or agricultural use. The	31311
court shall assess a civil penalty of not more than five thousand	31312
dollars for each day of each violation if the violator is any	31313
other person who took or diverted the water in question for	31314
industrial or commercial use excluding agricultural use. Moneys	31315
from civil penalties assessed under this division shall be paid	31316
into the state treasury to the credit of the canal lands fund	31317
created in section 1520.05 of the Revised Code.	31318

Any action under this division is a civil action, governed by	31319
the rules of civil procedure and other rules of practice and	31320
procedure applicable to civil actions.	31321

(F) As used in this section, "person" means any agency of	31322
this state, any political subdivision of this state or of the	31323
United States, or any legal entity defined as a person under	31324
section 1.59 of the Revised Code.	31325

Sec. 1521.03. The chief of the division of soil and water	31326
resources shall do all of the following:	31327

(A) Assist in an advisory capacity any properly constituted	31328
watershed district, conservancy district, or soil and water	31329
conservation district or any county, municipal corporation, or	31330
other government agency of the state in the planning of works for	31331
ground water recharge, flood mitigation, floodplain management,	31332
flood control, flow capacity and stability of streams, rivers, and	31333
watercourses, or the establishment of water conservation	31334
practices, within the limits of the appropriations for those	31335
purposes;	31336

(B) Have authority to conduct basic inventories of the water	31337
and related natural resources in each drainage basin in the state;	31338
to develop a plan on a watershed basis that will recognize the	31339
variety of uses to which water may be put and the need for its	31340
management for those uses; with the approval of the director of	31341
natural resources and the controlling board, to transfer	31342
appropriated or other funds, authorized for those inventories and	31343
plan, to any division of the department of natural resources or	31344
other state agencies for the purpose of developing pertinent data	31345
relating to the plan of water management; and to accept and expend	31346
moneys contributed by any person for implementing the development	31347
of the plan;	31348

(C) Have authority to make detailed investigations of all	31349
factors relating to floods, floodplain management, and flood	31350
control in the state with particular attention to those factors	31351
bearing upon the hydraulic and hydrologic characteristics of	31352
rivers, streams, and watercourses, recognizing the variety of uses	31353
to which water and watercourses may be put;	31354

(D) Cooperate with the United States or any agency thereof	31355
and with any political subdivision of the state in planning and	31356
constructing flood control works;	31357

(E) Hold meetings or public hearings, whichever is considered	31358
appropriate by the chief, to assist in the resolution of conflicts	31359
between ground water users. Such meetings or hearings shall be	31360
called upon written request from boards of health of city or	31361
general health districts created by or under the authority of	31362
Chapter 3709. of the Revised Code or authorities having the duties	31363
of a board of health as authorized by section 3709.05 of the	31364
Revised Code, boards of county commissioners, boards of township	31365
trustees, legislative authorities of municipal corporations, or	31366
boards of directors of conservancy districts and may be called by	31367
the chief upon the request of any other person or at the chief's	31368
discretion. The chief shall collect and present at such meetings	31369
or hearings the available technical information relevant to the	31370
conflicts and to the ground water resource. The chief shall	31371
prepare a report, and may make recommendations, based upon the	31372
available technical data and the record of the meetings or	31373
hearings, about the use of the ground water resource. In making	31374
the report and any recommendations, the chief also may consider	31375
the factors listed in division (B) of section 1521.17 of the	31376
Revised Code. The technical information presented, the report	31377
prepared, and any recommendations made under this division shall	31378
be presumed to be prima-facie authentic and admissible as evidence	31379
in any court pursuant to Evidence Rule 902.	31380

(F) Perform stream or ground water gauging and may contract	31381
with the United States government or any other agency for the	31382
gauging of any streams or ground water within the state;	31383

(G) Primarily with regard to water quantity, have authority	31384
to collect, study, map, and interpret all available information,	31385
statistics, and data pertaining to the availability, supply, use,	31386
conservation, and replenishment of the ground and surface waters	31387
in the state in coordination with other agencies of this state;	31388

(H) Primarily with regard to water quantity and availability,	31389
be authorized to cooperate with and negotiate for the state with	31390
any agency of the United States government, of this state, or of	31391
any other state pertaining to the water resources of the state;	31392

(I) Provide engineering support for the coastal management	31393
program established under Chapter 1506. of the Revised Code.	31394

Sec. 1521.031. There is hereby created in the department of	31395
natural resources the Ohio water advisory council. The council	31396
shall consist of seven members appointed by the governor with the	31397
advice and consent of the senate. No more than four of the members	31398
shall be of the same political party. Members shall be persons who	31399
have a demonstrated interest in water management and whose	31400
expertise reflects the various responsibilities of the division of	31401
soil and water resources under this chapter and Chapter 1523. of	31402
the Revised Code, including, but not limited to, dam safety,	31403
surface water, groundwater, and flood plain management. The chief	31404
of the division of soil and water resources may participate in the	31405
deliberations of the council, but shall not vote.	31406

Terms of office of members shall be for two years commencing	31407
on the second day of February and ending on the first day of	31408
February. Each member shall hold office from the date of	31409
appointment until the end of the term for which ~~he was~~ appointed.	31410
The governor may remove any member at any time for inefficiency,	31411
neglect of duty, or malfeasance in office. In the event of the	31412
death, removal, resignation, or incapacity of any member, the	31413
governor, with the advice and consent of the senate, shall appoint	31414
a successor to hold office for the remainder of the term for which	31415
~~his~~the member's predecessor was appointed. Any member shall	31416
continue in office following the expiration date of ~~his~~the	31417
member's term until ~~his~~the member's successor takes office or	31418
until sixty days have elapsed, whichever occurs first. Membership	31419
on the council does not constitute holding a public office or	31420
position of employment under the Revised Code and is not grounds	31421
for removal of public officers or employees from their offices or	31422
positions of employment.	31423

The council annually shall select from its members a ~~chairman~~	31424
chairperson and a ~~vice-chairman~~vice-chairperson. The council	31425
shall hold at least one meeting each calendar quarter and shall	31426
keep a record of its proceedings, which shall be open to the	31427
public for inspection. Special meetings may be called by the	31428
~~chairman~~chairperson and shall be called upon the written request	31429
of two or more members. A majority of the members constitutes a	31430
quorum. The division shall furnish clerical, technical, legal, and	31431
other services required by the council in the performance of its	31432
duties.	31433

Members shall receive no compensation, but shall be	31434
reimbursed from the appropriations for the division for the actual	31435
and necessary expenses incurred by them in the performance of	31436
their official duties.	31437

The council shall:

31438

(A) Advise the chief of the division of soil and water	31439
resources in carrying out the duties of the division under this	31440
chapter and Chapter 1523. of the Revised Code;	31441

(B) Recommend such policy and legislation with respect to	31442
water management and conservation as will promote the economic,	31443
industrial, and social development of the state while minimizing	31444
threats to the state's natural environment;	31445

(C) Review and make recommendations on the development of	31446
plans and programs for long-term, comprehensive water management	31447
throughout the state; and	31448

(D) Recommend ways to enhance cooperation among governmental	31449
agencies having an interest in water to encourage wise use and	31450
protection of the state's ground and surface waters. To this end,	31451
the council shall request nonvoting representation from	31452
appropriate governmental agencies.	31453

Sec. 1521.04. The chief of the division of soil and water	31454
resources, with the approval of the director of natural resources,	31455
may make loans and grants from the water management fund created	31456
in section 1501.32 of the Revised Code to governmental agencies	31457
for water management, water supply improvements, and planning and	31458
may administer grants from the federal government and from other	31459
public or private sources for carrying out those functions and for	31460
the performance of any acts that may be required by the United	31461
States or by any agency or department thereof as a condition for	31462
the participation by any governmental agency in any federal	31463
financial or technical assistance program. Direct and indirect	31464
costs of administration may be paid from the fund.	31465

The chief may use the water management fund for the purposes	31466
of administering the water diversion and consumptive use permit	31467
programs established in sections 1501.30 to 1501.35 of the Revised	31468
Code; to perform watershed and water resources studies for the	31469
purposes of water management planning; and to acquire, construct,	31470
reconstruct, improve, equip, maintain, operate, and dispose of	31471
water management improvements. The chief may fix, alter, charge,	31472
and collect rates, fees, rentals, and other charges to be paid	31473
into the fund by governmental agencies and persons who are	31474
supplied with water by facilities constructed or operated by the	31475
department of natural resources in order to amortize and defray	31476
the cost of the construction, maintenance, and operation of those	31477
facilities.	31478

Sec. 1521.05. (A) As used in this section:

31479

(1) "Construct" or "construction" includes drilling, boring,	31480
digging, deepening, altering, and logging.	31481

(2) "Altering" means changing the configuration of a well,	31482
including, without limitation, deepening a well, extending or	31483
replacing any portion of the inside or outside casing or wall of a	31484
well that extends below ground level, plugging a portion of a well	31485
back to a certain depth, and reaming out a well to enlarge its	31486
original diameter.	31487

(3) "Logging" means describing the lithology, grain size,	31488
color, and texture of the formations encountered during the	31489
drilling, boring, digging, deepening, or altering of a well.	31490

(4) "Grouting" means neat cement; bentonite products in	31491
slurry, granular, or pelletized form, excluding drilling mud or	31492
fluids; or any combination of neat cement and bentonite products	31493
that is placed within a well to seal the annular space or to seal	31494
an abandoned well and that is impervious to and capable of	31495
preventing the movement of water.	31496

(5) "Abandoned well" means a well whose use has been	31497
permanently discontinued and that poses potential health and	31498
safety hazards or that has the potential to transmit surface	31499
contaminants into the aquifer in which the well has been	31500
constructed.	31501

(6) "Sealing" means the complete filling of an abandoned well	31502
with grouting or other approved materials in order to permanently	31503
prevent the vertical movement of water in the well and thus	31504
prevent the contamination of ground water or the intermixing of	31505
water between aquifers.	31506

(B) Any person that constructs a well shall keep a careful	31507
and accurate log of the construction of the well. The log shall	31508
show all of the following:	31509

(1) The character, including, without limitation, the	31510
lithology, color, texture, and grain size, the name, if known, and	31511
the depth of all formations passed through or encountered;	31512

(2) The depths at which water is encountered;

31513

(3) The static water level of the completed well;

31514

(4) A copy of the record of all pumping tests and analyses	31515
related to those tests, if any;	31516

(5) Construction details, including lengths, diameters, and	31517
thicknesses of casing and screening and the volume, type of	31518
material, and method of introducing gravel packing and grouting	31519
into the well;	31520

(6) The type of pumping equipment installed, if any;

31521

(7) The name of the owner of the well, the address of the	31522
location where the well was constructed, and either the state	31523
plane coordinates or the latitude and longitude of the well;	31524

(8) The signature of the individual who constructed the well	31525
and filed the well log;	31526

(9) Any other information required by the chief of the	31527
division of soil and water resources.	31528

The log shall be ~~furnished to~~filed with the division of soil	31529
and water resources within thirty days after the completion of	31530
construction of the well on forms prescribed and prepared by the	31531
division. The log shall be kept on file by the division.	31532

(C) Any person that seals a well shall keep a careful and	31533
accurate report of the sealing of the well. The sealing report	31534
shall show all of the following:	31535

(1) The name of the owner of the well, the address of the	31536
location where the well was constructed, and either the state	31537
plane coordinates or the latitude and longitude of the well;	31538

(2) The depth of the well, the size and length of its casing,	31539
and the static water level of the well;	31540

(3) The sealing procedures, including the volume and type of	31541
sealing material or materials and the method and depth of	31542
placement of each material;	31543

(4) The date on which the sealing was performed;

31544

(5) The signature of the individual who sealed the well and	31545
filed the sealing report;	31546

(6) Any other information required by the chief.

31547

The sealing report shall be ~~furnished to~~filed with the	31548
division within thirty days after the completion of the sealing of	31549
the well on forms prescribed and prepared by the division.	31550

(D) In accordance with Chapter 119. of the Revised Code, the	31551
chief may adopt, amend, and rescind rules requiring other persons	31552
that are involved in the construction or subsequent development of	31553
a well to submit well logs under division (B) of this section	31554
containing any or all of the information specified in divisions	31555
(B)(1) to (9) of this section and specifying additional	31556
information to be included in sealing reports required under	31557
division (C) of this section. The chief shall adopt rules	31558
establishing procedures and requirements governing the payment and	31559
collection of water well log filing fees, including the amount of	31560
any filing fee to be imposed as an alternative to the	31561
twenty-dollar filing fee established in division (G) of this	31562
section and including procedures for the quarterly transfer of	31563
filing fees by boards of health and the director of environmental	31564
protection under that division.	31565

(E)(1) No person shall fail to keep and ~~submit~~file a well	31566
log or a sealing report as required by this section.	31567

(2) No person shall make a false statement in any well log or	31568
sealing report required to be kept and ~~submitted~~filed under this	31569
section. Violation of division (E)(2) of this section is	31570
falsification under section 2921.13 of the Revised Code.	31571

(F) For the purposes of prosecution of a violation of	31572
division (E)(1) of this section, a prima-facie case is established	31573
when the division obtains either of the following:	31574

(1) A certified copy of a permit for a private water system	31575
issued in accordance with rules adopted under section 3701.344 of	31576
the Revised Code, or a certified copy of the invoice or a canceled	31577
check from the owner of a well indicating the construction or	31578
sealing services performed;	31579

(2) A certified copy of any permit issued under Chapter 3734.	31580
or 6111. of the Revised Code or plan approval granted under	31581
Chapter 6109. of the Revised Code for any activity that includes	31582
the construction or sealing of a well as applicable.	31583

(G) In accordance with rules adopted under this section, a	31584
person or entity that constructs a well for the purpose of	31585
extracting potable water as part of a private water system that	31586
is subject to rules adopted under section 3701.344 of the Revised	31587
Code or a public water system that is required to be licensed	31588
under Chapter 6109. of the Revised Code shall pay a well log	31589
filing fee of twenty dollars per well log or, if the chief has	31590
adopted rules establishing an alternative fee amount, the fee	31591
amount established under rules. The fee shall be collected by a	31592
board of health under section 3701.344 of the Revised Code or the	31593
environmental protection agency under section 6109.22 of the	31594
Revised Code, as applicable.	31595

Each calendar quarter, a board of health or the environmental	31596
protection agency, as applicable, shall forward all well log	31597
filing fees collected during the previous calendar quarter to the	31598
division of soil and water resources. The fees shall be forwarded	31599
in accordance with procedures established in rules adopted under	31600
this section.	31601

Proceeds of well log filing fees shall be used by the	31602
division of soil and water resources for the purposes of	31603
acquiring, maintaining, and dispensing digital and paper records	31604
of well logs that are filed with the division.	31605

Sec. 1521.06. (A) No dam may be constructed for the purpose	31606
of storing, conserving, or retarding water, or for any other	31607
purpose, nor shall any levee be constructed for the purpose of	31608
diverting or retaining flood water, unless the person or	31609
governmental agency desiring the construction has a construction	31610
permit for the dam or levee issued by the chief of the division of	31611
soil and water resources.	31612

A construction permit is not required under this section for:

31613

(1) A dam that is or will be less than ten feet in height and	31614
that has or will have a storage capacity of not more than fifty	31615
acre-feet at the elevation of the top of the dam, as determined by	31616
the chief. For the purposes of this section, the height of a dam	31617
shall be measured from the natural stream bed or lowest ground	31618
elevation at the downstream or outside limit of the dam to the	31619
elevation of the top of the dam.	31620

(2) A dam, regardless of height, that has or will have a	31621
storage capacity of not more than fifteen acre-feet at the	31622
elevation of the top of the dam, as determined by the chief;	31623

(3) A dam, regardless of storage capacity, that is or will be	31624
six feet or less in height, as determined by the chief;	31625

(4) A dam or levee that belongs to a class exempted by the	31626
chief;	31627

(5) The repair, maintenance, improvement, alteration, or	31628
removal of a dam or levee that is subject to section 1521.062 of	31629
the Revised Code, unless the construction constitutes an	31630
enlargement or reconstruction of the structure as determined by	31631
the chief;	31632

(6) A dam or impoundment constructed under Chapter 1513. of	31633
the Revised Code.	31634

(B) Before a construction permit may be issued, three copies	31635
of the plans and specifications, including a detailed cost	31636
estimate, for the proposed construction, prepared by a registered	31637
professional engineer, together with the filing fee specified by	31638
this section and the bond or other security required by section	31639
1521.061 of the Revised Code, shall be filed with the chief. The	31640
detailed estimate of the cost shall include all costs associated	31641
with the construction of the dam or levee, including supervision	31642
and inspection of the construction by a registered professional	31643
engineer. The filing fee shall be based on the detailed cost	31644
estimate for the proposed construction as filed with and approved	31645
by the chief, and shall be determined by the following schedule	31646
unless otherwise provided by rules adopted under this section:	31647

(1) For the first one hundred thousand dollars of estimated	31648
cost, a fee of four per cent;	31649

(2) For the next four hundred thousand dollars of estimated	31650
cost, a fee of three per cent;	31651

(3) For the next five hundred thousand dollars of estimated	31652
cost, a fee of two per cent;	31653

(4) For all costs in excess of one million dollars, a fee of	31654
one-half of one per cent.	31655

In no case shall the filing fee be less than one thousand	31656
dollars or more than one hundred thousand dollars. If the actual	31657
cost exceeds the estimated cost by more than fifteen per cent, an	31658
additional filing fee shall be required equal to the fee	31659
determined by the preceding schedule less the original filing	31660
fee. All fees collected pursuant to this section, and all fines	31661
collected pursuant to section 1521.99 of the Revised Code, shall	31662
be deposited in the state treasury to the credit of the dam	31663
safety fund, which is hereby created. Expenditures from the fund	31664
shall be made by the chief for the purpose of administering this	31665
section and sections 1521.061 and 1521.062 of the Revised Code.	31666

(C) The chief shall, within thirty days from the date of the	31667
receipt of the application, fee, and bond or other security, issue	31668
or deny a construction permit for the construction or may issue a	31669
construction permit conditioned upon the making of such changes in	31670
the plans and specifications for the construction as the chief	31671
considers advisable if the chief determines that the construction	31672
of the proposed dam or levee, in accordance with the plans and	31673
specifications filed, would endanger life, health, or property.	31674

(D) The chief may deny a construction permit after finding	31675
that a dam or levee built in accordance with the plans and	31676
specifications would endanger life, health, or property, because	31677
of improper or inadequate design, or for such other reasons as the	31678
chief may determine.	31679

In the event the chief denies a permit for the construction	31680
of the dam or levee, or issues a permit conditioned upon a making	31681
of changes in the plans or specifications for the construction,	31682
the chief shall state the reasons therefor and so notify, in	31683
writing, the person or governmental agency making the application	31684
for a permit. If the permit is denied, the chief shall return the	31685
bond or other security to the person or governmental agency making	31686
application for the permit.	31687

The decision of the chief conditioning or denying a	31688
construction permit is subject to appeal as provided in Chapter	31689
119. of the Revised Code. A dam or levee built substantially at	31690
variance from the plans and specifications upon which a	31691
construction permit was issued is in violation of this section.	31692
The chief may at any time inspect any dam or levee, or site upon	31693
which any dam or levee is to be constructed, in order to determine	31694
whether it complies with this section.	31695

(E) A registered professional engineer shall inspect the	31696
construction for which the permit was issued during all phases of	31697
construction and shall furnish to the chief such regular reports	31698
of the engineer's inspections as the chief may require. When the	31699
chief finds that construction has been fully completed in	31700
accordance with the terms of the permit and the plans and	31701
specifications approved by the chief, the chief shall approve the	31702
construction. When one year has elapsed after approval of the	31703
completed construction, and the chief finds that within this	31704
period no fact has become apparent to indicate that the	31705
construction was not performed in accordance with the terms of the	31706
permit and the plans and specifications approved by the chief, or	31707
that the construction as performed would endanger life, health, or	31708
property, the chief shall release the bond or other security. No	31709
bond or other security shall be released until one year after	31710
final approval by the chief, unless the dam or levee has been	31711
modified so that it will not retain water and has been approved as	31712
nonhazardous after determination by the chief that the dam or	31713
levee as modified will not endanger life, health, or property.	31714

(F) When inspections required by this section are not being	31715
performed, the chief shall notify the person or governmental	31716
agency to which the permit has been issued that inspections are	31717
not being performed by the registered professional engineer and	31718
that the chief will inspect the remainder of the construction.	31719
Thereafter, the chief shall inspect the construction and the cost	31720
of inspection shall be charged against the owner. Failure of the	31721
registered professional engineer to submit required inspection	31722
reports shall be deemed notice that the engineer's inspections are	31723
not being performed.	31724

(G) The chief may order construction to cease on any dam or	31725
levee that is being built in violation of this section, and may	31726
prohibit the retention of water behind any dam or levee that has	31727
been built in violation of this section. The attorney general,	31728
upon written request of the chief, may bring an action for an	31729
injunction against any person who violates this section or to	31730
enforce an order or prohibition of the chief made pursuant to this	31731
section.	31732

(H) The chief may adopt rules in accordance with Chapter 119.	31733
of the Revised Code, for the design and construction of dams and	31734
levees for which a construction permit is required by this section	31735
or for which periodic inspection is required by section 1521.062	31736
of the Revised Code, for establishing a filing fee schedule in	31737
lieu of the schedule established under division (B) of this	31738
section, for deposit and forfeiture of bonds and other securities	31739
required by section 1521.061 of the Revised Code, for the	31740
periodic inspection, operation, repair, improvement, alteration,	31741
or removal of all dams and levees, as specified in section	31742
1521.062 of the Revised Code, and for establishing classes of dams	31743
or levees that are exempt from the requirements of this section	31744
and section 1521.062 of the Revised Code as being of a size,	31745
purpose, or situation that does not present a substantial hazard	31746
to life, health, or property. The chief may, by rule, limit the	31747
period during which a construction permit issued under this	31748
section is valid. The rules may allow for the extension of the	31749
period during which a permit is valid upon written request,	31750
provided that the written request includes a revised construction	31751
cost estimate, and may require the payment of an additional	31752
filing fee for the requested extension. If a construction permit	31753
expires without an extension before construction is completed,	31754
the person or agency shall apply for a new permit, and shall not	31755
continue construction until the new permit is issued.	31756

Sec. 1521.061. Except as otherwise provided in this section,	31757
a construction permit shall not be issued under section 1521.06 of	31758
the Revised Code unless the person or governmental agency applying	31759
for the permit executes and files a surety bond conditioned on	31760
completion of the dam or levee in accordance with the terms of	31761
the permit and the plans and specifications approved by the chief	31762
of the division of soil and water resources, in an amount equal	31763
to fifty per cent of the estimated cost of the project.	31764

If a permittee requests an extension of the time period	31765
during which a construction permit is valid in accordance with	31766
rules adopted under section 1521.06 of the Revised Code, the chief	31767
shall determine whether the revised construction cost estimate	31768
provided with the request exceeds the original construction cost	31769
estimate that was filed with the chief by more than twenty-five	31770
per cent. If the revised construction cost estimate exceeds the	31771
original construction cost estimate by more than twenty-five per	31772
cent, the chief may require an additional surety bond to be filed	31773
so that the total amount of the surety bonds equals at least fifty	31774
per cent of the revised construction cost estimate.	31775

The chief shall not approve any bond until it is personally	31776
signed and acknowledged by both principal and surety, or as to	31777
either by the attorney in fact thereof, with a certified copy of	31778
the power of attorney attached. The chief shall not approve the	31779
bond unless there is attached a certificate of the superintendent	31780
of insurance that the company is authorized to transact a fidelity	31781
and surety business in this state.	31782

All bonds shall be given in a form prescribed by the chief	31783
and shall run to the state as obligee.	31784

The applicant may deposit, in lieu of a bond, cash in an	31785
amount equal to the amount of the bond or United States government	31786
securities or negotiable certificates of deposit issued by any	31787
bank organized or transacting business in this state having a par	31788
value equal to or greater than the amount of the bond. Such cash	31789
or securities shall be deposited upon the same terms as bonds. If	31790
one or more certificates of deposit are deposited in lieu of a	31791
bond, the chief shall require the bank that issued any such	31792
certificate to pledge securities of the aggregate market value	31793
equal to the amount of the certificate that is in excess of the	31794
amount insured by the federal deposit insurance corporation. The	31795
securities to be pledged shall be those designated as eligible	31796
under section 135.18 of the Revised Code. The securities shall be	31797
security for the repayment of the certificate of deposit.	31798

Immediately upon a deposit of cash, securities, or	31799
certificates of deposit, the chief shall deliver them to the	31800
treasurer of state, who shall hold them in trust for the purposes	31801
for which they have been deposited. The treasurer of state is	31802
responsible for the safekeeping of such deposits. An applicant	31803
making a deposit of cash, securities, or certificates of deposit	31804
may withdraw and receive from the treasurer of state, on the	31805
written order of the chief, all or any portion of the cash,	31806
securities, or certificates of deposit, upon depositing with the	31807
treasurer of state cash, other United States government	31808
securities, or negotiable certificates of deposit issued by any	31809
bank organized or transacting business in this state equal in par	31810
value to the par value of the cash, securities, or certificates of	31811
deposit withdrawn. An applicant may demand and receive from the	31812
treasurer of state all interest or other income from any such	31813
securities or certificates as it becomes due. If securities so	31814
deposited with and in the possession of the treasurer of state	31815
mature or are called for payment by the issuer thereof, the	31816
treasurer of state, at the request of the applicant who deposited	31817
them, shall convert the proceeds of the redemption or payment of	31818
the securities into such other United States government	31819
securities, negotiable certificates of deposit issued by any bank	31820
organized or transacting business in this state, or cash as the	31821
applicant designates.	31822

When the chief finds that a person or governmental agency has	31823
failed to comply with the conditions of the person's or agency's	31824
bond, the chief shall make a finding of that fact and declare the	31825
bond, cash, securities, or certificates of deposit forfeited in	31826
the amount set by rule of the chief. The chief shall thereupon	31827
certify the total forfeiture to the attorney general, who shall	31828
proceed to collect that amount.	31829

In lieu of total forfeiture, the surety, at its option, may	31830
cause the dam or levee to be completed as required by section	31831
1521.06 of the Revised Code and rules of the chief, or otherwise	31832
rendered nonhazardous, or pay to the treasurer of state the cost	31833
thereof.	31834

All moneys collected on account of forfeitures of bonds,	31835
cash, securities, and certificates of deposit under this section	31836
shall be credited to the dam safety fund created in section	31837
1521.06 of the Revised Code. The chief shall make expenditures	31838
from the fund to complete dams and levees for which bonds have	31839
been forfeited or to otherwise render them nonhazardous.	31840

Expenditures from the fund for those purposes shall be made	31841
pursuant to contracts entered into by the chief with persons who	31842
agree to furnish all of the materials, equipment, work, and labor	31843
as specified and provided in the contract.	31844

A surety bond shall not be required for a permit for a dam or	31845
levee that is to be designed and constructed by an agency of the	31846
United States government, if the agency files with the chief	31847
written assurance of the agency's financial responsibility for the	31848
structure during the one-year period following the chief's	31849
approval of the completed construction provided for under division	31850
(E) of section 1521.06 of the Revised Code.	31851

Sec. 1521.062. (A) All dams and levees constructed in this	31852
state and not exempted by this section or by the chief of the	31853
division of soil and water resources under section 1521.06 of the	31854
Revised Code shall be inspected periodically by the chief, except	31855
for classes of dams that, in accordance with rules adopted under	31856
this section, are required to be inspected by registered	31857
professional engineers who have been approved for that purpose by	31858
the chief. The inspection shall ensure that continued operation	31859
and use of the dam or levee does not constitute a hazard to life,	31860
health, or property. Periodic inspections shall not be required of	31861
the following structures:	31862

(1) A dam that is less than ten feet in height and has a	31863
storage capacity of not more than fifty acre-feet at the elevation	31864
of the top of the dam, as determined by the chief. For the	31865
purposes of this section, the height of a dam shall be measured	31866
from the natural stream bed or lowest ground elevation at the	31867
downstream or outside limit of the dam to the elevation of the top	31868
of the dam.	31869

(2) A dam, regardless of height, that has a storage capacity	31870
of not more than fifteen acre-feet at the elevation of the top of	31871
the dam, as determined by the chief;	31872

(3) A dam, regardless of storage capacity, that is six feet	31873
or less in height, as determined by the chief;	31874

(4) A dam or levee belonging to a class exempted by the	31875
chief;	31876

(5) A dam or levee that has been exempted in accordance with	31877
rules adopted under section 1521.064 of the Revised Code.	31878

(B) In accordance with rules adopted under this section, the	31879
owner of a dam that is in a class of dams that is designated in	31880
the rules for inspection by registered professional engineers	31881
shall obtain the services of a registered professional engineer	31882
who has been approved by the chief to conduct the periodic	31883
inspection of dams pursuant to schedules and other standards and	31884
procedures established in the rules. The registered professional	31885
engineer shall prepare a report of the inspection in accordance	31886
with the rules and provide the inspection report to the dam owner	31887
who shall submit it to the chief. A dam that is designated under	31888
the rules for inspection by a registered professional engineer,	31889
but that is not inspected within a five-year period may be	31890
inspected by the chief at the owner's expense.	31891

(C) Intervals between periodic inspections shall be	31892
determined by the chief, but shall not exceed five years.	31893

(D) In the case of a dam or levee that the chief inspects,	31894
the chief shall furnish a report of the inspection to the owner of	31895
the dam or levee. With regard to a dam or levee that has been	31896
inspected, either by the chief or by a registered professional	31897
engineer, and that is the subject of an inspection report prepared	31898
or received by the chief, the chief shall inform the owner of any	31899
required repairs, maintenance, investigations, and other remedial	31900
and operational measures. The chief shall order the owner to	31901
perform such repairs, maintenance, investigations, or other	31902
remedial or operational measures as the chief considers necessary	31903
to safeguard life, health, or property. The order shall permit the	31904
owner a reasonable time in which to perform the needed repairs,	31905
maintenance, investigations, or other remedial measures, and the	31906
cost thereof shall be borne by the owner. All orders of the chief	31907
are subject to appeal as provided in Chapter 119. of the Revised	31908
Code. The attorney general, upon written request of the chief, may	31909
bring an action for an injunction against any person who violates	31910
this section or to enforce an order of the chief made pursuant to	31911
this section.	31912

(E) The owner of a dam or levee shall monitor, maintain, and	31913
operate the structure and its appurtenances safely in accordance	31914
with state rules, terms and conditions of permits, orders, and	31915
other requirements issued pursuant to this section or section	31916
1521.06 of the Revised Code. The owner shall fully and promptly	31917
notify the division of soil and water resources and other	31918
responsible authorities of any condition that threatens the safety	31919
of the structure and shall take all necessary actions to safeguard	31920
life, health, and property.	31921

(F) Before commencing the repair, improvement, alteration, or	31922
removal of a dam or levee, the owner shall file an application	31923
including plans, specifications, and other required information	31924
with the division and shall secure written approval of the	31925
application by the chief. Emergency actions by the owner required	31926
to safeguard life, health, or property are exempt from this	31927
requirement. The chief may, by rule, define maintenance, repairs,	31928
or other remedial measures of a routine nature that are exempt	31929
from this requirement.	31930

(G) The chief may remove or correct, at the expense of the	31931
owner, any unsafe structures found to be constructed or maintained	31932
in violation of this section or section 1521.06 of the Revised	31933
Code. In the case of an owner other than a governmental agency,	31934
the cost of removal or correction of any unsafe structure,	31935
together with a description of the property on which the unsafe	31936
structure is located, shall be certified by the chief to the	31937
county auditor and placed by the county auditor upon the tax	31938
duplicate. This cost is a lien upon the lands from the date of	31939
entry and shall be collected as other taxes and returned to the	31940
division. In the case of an owner that is a governmental agency,	31941
the cost of removal or correction of any unsafe structure shall be	31942
recoverable from the owner by appropriate action in a court of	31943
competent jurisdiction.	31944

(H) If the condition of any dam or levee is found, in the	31945
judgment of the chief, to be so dangerous to the safety of life,	31946
health, or property as not to permit time for the issuance and	31947
enforcement of an order relative to repair, maintenance, or	31948
operation, the chief shall employ any of the following remedial	31949
means necessary to protect life, health, and property:	31950

(1) Lower the water level of the lake or reservoir by	31951
releasing water;	31952

(2) Completely drain the lake or reservoir;

31953

(3) Take such other measures or actions as the chief	31954
considers necessary to safeguard life, health, and property.	31955

The chief shall continue in full charge and control of the	31956
dam or levee until the structure is rendered safe. The cost of the	31957
remedy shall be recoverable from the owner of the structure by	31958
appropriate action in a court of competent jurisdiction.	31959

(I) The chief may accept and expend gifts, bequests, and	31960
grants from the United States government or from any other public	31961
or private source and may contract with the United States	31962
government or any other agency or entity for the purpose of	31963
carrying out the dam safety functions set forth in this section	31964
and section 1521.06 of the Revised Code.	31965

(J) In accordance with Chapter 119. of the Revised Code, the	31966
chief may adopt, and may amend or rescind, rules that do all of	31967
the following:	31968

(1) Designate classes of dams for which dam owners must	31969
obtain the services of a registered professional engineer to	31970
periodically inspect the dams and to prepare reports of the	31971
inspections for submittal to the chief;	31972

(2) Establish standards in accordance with which the chief	31973
must approve or disapprove registered professional engineers to	31974
inspect dams together with procedures governing the approval	31975
process;	31976

(3) Establish schedules, standards, and procedures governing	31977
periodic inspections and standards and procedures governing the	31978
preparation and submittal of inspection reports;	31979

(4) Establish provisions regarding the enforcement of this	31980
section and rules adopted under it.	31981

(K) The owner of a dam or levee shall notify the chief in	31982
writing of a change in ownership of the dam or levee prior to the	31983
exchange of the property.	31984

Sec. 1521.063. (A) Except for the federal government, the	31985
owner of ~~any~~a dam, that is classified as a class I, class II, or	31986
class III dam under rules adopted under section 1521.06 of the	31987
Revised Code and subject to section 1521.062 of the Revised Code	31988
shall pay an annual fee, based upon the height of the dam, the	31989
linear foot length of the dam, and the per-acre foot of volume of	31990
water impounded by the dam. The fee shall be paid to the division	31991
of soil and water ~~on or before June 30, 1988, and~~resources on or	31992
before the thirtieth day of June of each ~~succeeding~~ year. The	31993
annual fee shall be as follows until otherwise provided by rules	31994
adopted under this section:	31995

(1) For any dam classified as a class I dam under rules	31996
adopted by the chief of the division of soil and water resources	31997
under section 1521.06 of the Revised Code, ~~thirty~~three hundred	31998
dollars plus ten dollars per foot of height of dam, five cents	31999
per foot of length of the dam and five cents per-acre foot of	32000
water impounded by the dam;	32001

(2) For any dam classified as a class II dam under those	32002
rules, ~~thirty~~ninety dollars plus ~~one dollar~~six dollars per foot	32003
of height of dam, five cents per foot of length of the dam and	32004
five cents per-acre foot of water impounded by the dam;	32005

(3) For any dam classified as a class III dam under those	32006
rules, ~~thirty~~ninety dollars plus four dollars per foot of height	32007
of the dam, five cents per foot of length of the dam, and five	32008
cents per-acre foot of volume of water impounded by the dam.	32009

For purposes of this section, the height of a dam is the	32010
vertical height, to the nearest foot, as determined by the	32011
division under section 1521.062 of the Revised Code.	32012

All fees collected under this section shall be deposited in	32013
the dam safety fund created in section 1521.06 of the Revised	32014
Code. Any owner who fails to pay any annual fee required by this	32015
section within sixty days after the due date shall be assessed a	32016
penalty of ten per cent of the annual fee plus interest at the	32017
rate of one-half per cent per month from the due date until the	32018
date of payment.	32019

There is hereby created the compliant dam discount program	32020
to be administered by the chief. Under the program, the chief may	32021
reduce the amount of the annual fee that an owner of a dam is	32022
required to pay under division (A)(1), (2), or (3) of this	32023
section if the owner is in compliance with section 1521.062 of	32024
the Revised Code and has developed an emergency action plan	32025
pursuant to standards established in rules adopted under this	32026
section. The chief shall not discount an annual fee by more than	32027
twenty-five per cent of the total annual fee that is due. In	32028
addition, the chief shall not discount the annual fee that is due	32029
from the owner of a dam who has been assessed a penalty under this	32030
section.	32031

(B) The chief shall, in accordance with Chapter 119. of the	32032
Revised Code and subject to the prior approval of the director of	32033
natural resources, adopt, and may amend or rescind, rules for the	32034
collection of fees and the administration, implementation, and	32035
enforcement of this section and for the establishment of an	32036
annual fee schedule in lieu of the schedule established ~~under~~in	32037
division (A) of this section.	32038

(C)(1) No person, political subdivision, or state	32039
governmental agency shall violate or fail to comply with this	32040
section or any rule or order adopted or issued under it.	32041

(2) The attorney general, upon written request of the chief,	32042
may commence an action against any such violator. Any action under	32043
division (C)(2) of this section is a civil action.	32044

(D) As used in this section, "political subdivision" includes	32045
townships, municipal corporations, counties, school districts,	32046
municipal universities, park districts, sanitary districts, and	32047
conservancy districts and subdivisions thereof.	32048

Sec. 1521.064. The chief of the division of soil and water	32049
resources, in accordance with Chapter 119. of the Revised Code,	32050
shall adopt, and may amend and rescind, rules establishing a	32051
program under which dams and levees may be exempted from	32052
inspections under section 1521.062 of the Revised Code if the	32053
continued operation and use of, and any rupturing of or other	32054
structural damage to, the dams and levees will not constitute a	32055
hazard to life, health, or property. The rules shall establish,	32056
without limitation, all of the following:	32057

(A) A procedure by which the owner of such a dam or levee may	32058
apply for an exemption under this section;	32059

(B) The standards that a dam or levee shall meet in order to	32060
be exempted under this section;	32061

(C) A procedure by which the chief shall periodically review	32062
the status of a dam or levee that has been exempted under this	32063
section to determine if the exemption should be rescinded;	32064

(D) A requirement that the owner of any dam or levee exempted	32065
under this section shall agree, in writing, to accept liability	32066
for any injury, death, or loss to persons or property caused by	32067
the rupturing of or other structural damage to the dam or levee.	32068

Sec. 1521.07. The chief of the division of soil and water	32069
resources or any employee in the service of the division may enter	32070
upon lands to make surveys and inspections in accordance with this	32071
chapter, when necessary in the discharge of the duties enumerated	32072
in this chapter.	32073

Sec. 1521.10. In order to be entitled to the compensation	32074
provided for in section 1521.09 of the Revised Code, the landowner	32075
~~must~~shall have prepared and submit to the division of soil and	32076
water resources complete plans for the dam provided for in such	32077
section. The plans shall have the approval of the chief of the	32078
division of soil and water resources and the dam shall be	32079
constructed in accordance with such plans before compensation can	32080
be claimed.	32081

Sec. 1521.11. Upon the completion of the dam referred to in	32082
section 1521.09 of the Revised Code to the satisfaction of the	32083
division of soil and water resources, it shall certify the	32084
completion and the capacity thereof to the county auditor who	32085
shall thereupon make such reduction in the assessed valuation of	32086
the contiguous landowner as hethe contiguous landowner is	32087
entitled to receive under sections 1521.09 to 1521.12~~, inclusive,~~	32088
of the Revised Code.	32089

Sec. 1521.12. In the event that any dam is constructed	32090
before plans are submitted to and approved by the division of soil	32091
and water resources as required by section 1521.10 of the Revised	32092
Code, the landowner may submit plans of the dam hethe landowner	32093
has built, showing the area of the drainage basin above the dam, a	32094
cross section of the dam site, a cross section, plan, and	32095
elevation of the dam, a map of the spillway, a topographic map of	32096
the reservoir basin, and such other data and information as the	32097
division requires. If the plans receive the approval of the	32098
division, and upon examination the dam is found to be	32099
satisfactorily completed in accordance with such plans, ~~said~~the	32100
division shall certify the completion and capacity thereof to the	32101
county auditor. If the plans fail to meet the requirements of the	32102
division, the owner may submit revised plans, and when such	32103
revised plans have been approved and the dam rebuilt to conform to	32104
such plans, the completion of the dam and its capacity shall then	32105
be certified to the auditor who shall thereupon make such	32106
reduction in the assessed valuation of the contiguous land as such	32107
owner is entitled to receive under sections 1521.09 to 1521.12,	32108
~~inclusive,~~ of the Revised Code.	32109

Sec. 1521.13. (A) Development in one-hundred-year floodplain	32110
areas shall be protected to at least the one-hundred-year flood	32111
level, and flood water conveyance shall be maintained, at a	32112
minimum, in accordance with standards established under the	32113
national flood insurance program. This division does not preclude	32114
a state agency or political subdivision from establishing flood	32115
protection standards that are more restrictive than this division.	32116

(B) Prior to the expenditure of money for or the construction	32117
of buildings, structures, roads, bridges, or other facilities in	32118
locations that may be subject to flooding or flood damage, all	32119
state agencies and political subdivisions shall notify and consult	32120
with the division of soil and water resources and shall furnish	32121
information that the division reasonably requires in order to	32122
avoid the uneconomic, hazardous, or unnecessary use of floodplains	32123
in connection with such facilities.	32124

(C) The chief of the division of soil and water resources	32125
shall do all of the following:	32126

(1) Coordinate the floodplain management activities of state	32127
agencies and political subdivisions with the floodplain management	32128
activities of the United States, including the national flood	32129
insurance program;	32130

(2) Collect, prepare, and maintain technical data and	32131
information on floods and floodplain management and make the data	32132
and information available to the public, state agencies, political	32133
subdivisions, and agencies of the United States;	32134

(3) Cooperate and enter into agreements with persons for the	32135
preparation of studies and reports on floods and floodplain	32136
management;	32137

(4) Assist any county, municipal corporation, or state agency	32138
in developing comprehensive floodplain management programs;	32139

(5) Provide technical assistance to any county, municipal	32140
corporation, or state agency through engineering assistance, data	32141
collection, preparation of model laws, training, and other	32142
activities relating to floodplain management;	32143

(6) For the purpose of reducing damages and the threat to	32144
life, health, and property in the event of a flood, cooperate with	32145
state agencies, political subdivisions, and the United States in	32146
the development of flood warning systems, evacuation plans, and	32147
flood emergency preparedness plans;	32148

(7) Upon request, assist the emergency management agency	32149
established by section 5502.22 of the Revised Code in the	32150
preparation of flood hazard mitigation reports required as a	32151
condition for receiving federal disaster aid under the "Disaster	32152
Relief Act of 1974," 88 Stat. 143, 42 U.S.C.A. 5121, as amended,	32153
and regulations adopted under it;	32154

(8) Adopt, and may amend or rescind, rules in accordance with	32155
Chapter 119. of the Revised Code for the administration,	32156
implementation, and enforcement of this section and sections	32157
1521.14 and 1521.18 of the Revised Code;	32158

(9) Establish, by rule, technical standards for the	32159
delineation and mapping of floodplains and for the conduct of	32160
engineering studies to determine the vertical and horizontal	32161
limits of floodplains and for the assessment of development	32162
impacts on flood heights and flood conveyance. The standards	32163
established in rules adopted under this division shall be	32164
consistent with and no more stringent than the analogous standards	32165
established under the national flood insurance program.	32166

(10) On behalf of the director of natural resources,	32167
administer section 1506.04 of the Revised Code.	32168

In addition to the duties imposed in divisions (C)(1) to (10)	32169
of this section, and with respect to existing publicly owned	32170
facilities that have suffered flood damage or that may be subject	32171
to flood damage, the chief may conspicuously mark past and	32172
probable flood heights in order to assist in creating public	32173
awareness of and knowledge about flood hazards.	32174

(D)(1) Development that is funded, financed, undertaken, or	32175
preempted by state agencies shall comply with division (A) of this	32176
section and with rules adopted under division (C)(9) of this	32177
section.	32178

(2) State agencies shall apply floodproofing measures in	32179
order to reduce potential additional flood damage of existing	32180
publicly owned facilities that have suffered flood damage.	32181

(3) Before awarding funding or financing or granting a	32182
license, permit, or other authorization for a development that is	32183
or is to be located within a one-hundred-year floodplain, a state	32184
agency shall require the applicant to demonstrate to the	32185
satisfaction of the agency that the development will comply with	32186
division (A) of this section, rules adopted under division (C)(9)	32187
of this section, and any applicable local floodplain management	32188
resolution or ordinance.	32189

(4) Prior to the disbursement of any state disaster	32190
assistance money in connection with any incident of flooding to or	32191
within a county or municipal corporation that is not listed by the	32192
chief as being in compliance under division (D)(1) of section	32193
1521.18 of the Revised Code, a state agency that has authority to	32194
disburse such money shall require the county or municipal	32195
corporation to establish or reestablish compliance as provided in	32196
that division.	32197

(E)(1) Subject to section 1521.18 of the Revised Code, a	32198
county or a municipal corporation may do all of the following:	32199

(a) Adopt floodplain maps that reflect the best available	32200
data and that indicate the areas to be regulated under a	32201
floodplain management resolution or ordinance, as applicable;	32202

(b) Develop and adopt a floodplain management resolution or	32203
ordinance, as applicable;	32204

(c) Adopt floodplain management standards that exceed the	32205
standards that are established under the national flood insurance	32206
program.	32207

(2) A county or municipal corporation shall examine and	32208
apply, where economically feasible, floodproofing measures in	32209
order to reduce potential additional flood damage of existing	32210
publicly owned facilities that have suffered flood damage.	32211

(3) A county that adopts a floodplain management resolution	32212
shall do so in accordance with the procedures established in	32213
section 307.37 of the Revised Code. The county may enforce the	32214
resolution by issuing stop work orders, seeking injunctive relief,	32215
or pursuing other civil actions that the county considers	32216
necessary to ensure compliance with the resolution. In addition,	32217
failure to comply with the floodplain management resolution	32218
constitutes a violation of division (D) of section 307.37 of the	32219
Revised Code.	32220

(4) No action challenging the validity of a floodplain	32221
management resolution adopted by a county or a floodplain	32222
management ordinance adopted by a municipal corporation, or an	32223
amendment to such a resolution or ordinance, because of a	32224
procedural error in the adoption of the resolution, ordinance, or	32225
amendment shall be brought more than two years after the adoption	32226
of the resolution, ordinance, or amendment.	32227

Sec. 1521.14. Upon the written request of the director of	32228
natural resources, the attorney general shall bring an action for	32229
appropriate relief in a court of competent jurisdiction against	32230
any development that is not in compliance with the standards of	32231
the national flood insurance program and that is one of the	32232
following:	32233

(A) Located in a county or municipal corporation that is not	32234
listed by the chief of the division of soil and water resources as	32235
being in compliance under division (D)(1) of section 1521.18 of	32236
the Revised Code;	32237

(B) Funded, financed, undertaken, or preempted by a state	32238
agency.	32239

Sec. 1521.15. (A) The chief of the division of soil and	32240
water resources shall develop and maintain, in cooperation with	32241
local, state, federal, and private agencies and entities, a water	32242
resources inventory for the collection, interpretation, storage,	32243
retrieval, exchange, and dissemination of information concerning	32244
the water resources of this state, including, but not limited to,	32245
information on the location, type, quantity, and use of those	32246
resources and the location, type, and quantity of consumptive use	32247
and diversion of the water resources. The water resources	32248
inventory also shall include, without limitation, information to	32249
assist in determining the reasonableness of water use and sharing	32250
under common law, promoting reasonable use and development of	32251
water resources, and resolving water use conflicts.	32252

All agencies of the state shall cooperate with the chief in	32253
the development and maintenance of the inventory.	32254

(B) The chief shall cooperate with the other great lakes	32255
states and provinces to develop a common base of data regarding	32256
the management of the water resources of the Lake Erie drainage	32257
basin and to establish systematic arrangements for the exchange of	32258
those data.	32259

~~(C) The chief shall prepare and present to the governor no~~	32260
~~later than September 1, 1998, a long-term water resources plan for~~	32261
~~the protection, conservation, and management of the water~~	32262
~~resources of the Lake Erie drainage basin. The plan shall include,~~	32263
~~without limitation, all of the following:~~	32264

~~(1) An inventory of surface and ground water resources;~~

32265

~~(2) Identification and assessment of existing uses and future~~	32266
~~demand for all of the following:~~	32267

~~(a) Withdrawal of water resources for domestic, agricultural,~~	32268
~~manufacturing, mining, navigation, power production, recreation,~~	32269
~~fish and wildlife, and other uses;~~	32270

~~(b) Diversion;~~

32271

~~(c) Consumptive use.~~

32272

~~(3) Guidelines to minimize consumptive use;~~

32273

~~(4) Guidelines and procedures to coordinate, conserve,~~	32274
~~develop, protect, use, and manage the water resources of the Lake~~	32275
~~Erie drainage basin.~~	32276

Sec. 1521.16. (A) Any person who owns a facility that has	32277
the capacity to withdraw waters of the state in an amount greater	32278
than one hundred thousand gallons per day from all sources and	32279
whose construction is completed before January 1, 1990, shall	32280
register the facility by January 1, 1991, with the chief of the	32281
division of soil and water resources, and any person who owns a	32282
facility that has the capacity to withdraw waters of the state in	32283
such an amount and whose construction is completed on or after	32284
January 1, 1990, shall register the facility with the chief within	32285
three months after the facility is completed. The person shall	32286
register the facility using a form prescribed by the chief that	32287
shall include, without limitation, the name and address of the	32288
registrant and date of registration; the locations and sources of	32289
the facility's water supply; the facility's withdrawal capacity	32290
per day and the amount withdrawn from each source; the uses made	32291
of the water, places of use, and places of discharge; and such	32292
other information as the chief may require by rule.	32293

The registration date of any facility whose construction was	32294
completed prior to January 1, 1990, and that is registered under	32295
this division prior to January 1, 1991, shall be January 1, 1990.	32296
The registration date of any facility whose construction was	32297
completed prior to January 1, 1990, and that is required to	32298
register under this division prior to January 1, 1991, but that is	32299
not registered prior to that date, and the registration date of	32300
any facility whose construction was completed after January 1,	32301
1990, and that is required to register under this division shall	32302
be the date on which the registration is received by the chief.	32303

(B) In accordance with division (D) of this section, the	32304
chief shall adopt rules establishing standards and criteria for	32305
determining when an area of ground water is a ground water stress	32306
area, the geographic limits of such an area, and a threshold	32307
withdrawal capacity for the area below which registration under	32308
this division shall not be required. At any time following the	32309
adoption of those rules, the chief may by order designate an area	32310
of ground water as a ground water stress area and shall establish	32311
in any such order a threshold withdrawal capacity for the area	32312
below which registration under this division shall not be	32313
required.	32314

Following the designation of a ground water stress area, the	32315
chief immediately shall give notice by publication in a newspaper	32316
of general circulation in the designated area that shall include a	32317
map delineating the designated ground water stress area and a	32318
statement of the threshold withdrawal capacity established for the	32319
area below which registration under this division shall not be	32320
required. The notice shall not appear in the legal notices section	32321
of the newspaper. Any person who owns a facility in the designated	32322
ground water stress area that is not registered under division (A)	32323
of this section and that has the capacity to withdraw waters of	32324
the state in an amount greater than the threshold withdrawal	32325
capacity for the area from all sources shall register ~~his~~the	32326
facility with the chief not later than thirty days after	32327
publication of the notice. A person registering a facility under	32328
this division shall do so using a form prescribed by the chief.	32329
The form shall include the information specified in division (A)	32330
of this section.	32331

(C) Any person who owns a facility registered under division	32332
(A) or (B) of this section shall file a report annually with the	32333
chief listing the amount of water withdrawn per day by the	32334
facility, the return flow per day, and any other information the	32335
chief may require by rule. Any person who, under Chapter 6109. of	32336
the Revised Code, provides such information to the Ohio	32337
environmental protection agency is exempt from reporting under	32338
this division. The director of environmental protection shall	32339
provide the chief any such reported information upon ~~his~~ request.	32340

(D) The chief shall adopt, and may amend or rescind, rules in	32341
accordance with Chapter 119. of the Revised Code to carry out this	32342
section.	32343

(E)(1) No person knowingly shall fail to register a facility	32344
or file a report as required under this section.	32345

(2) No person shall file a false report under this section.	32346
Violation of division (E)(2) of this section is falsification	32347
under section 2921.13 of the Revised Code.	32348

(F) At the request of the director of natural resources, the	32349
attorney general may commence a civil action to compel compliance	32350
with this section, in a court of common pleas, against any person	32351
who has violated or is violating division (E)(1) of this section.	32352
The court of common pleas in which a civil action is commenced	32353
under this division has jurisdiction to and shall compel	32354
compliance with this section upon a showing that the person	32355
against whom the action is brought has violated or is violating	32356
that division.	32357

Any action under this division is a civil action, governed by	32358
the rules of civil procedure and other rules of practice and	32359
procedure applicable to civil actions.	32360

Sec. 1521.18. (A) For the purposes of this section, a	32361
one-hundred-year floodplain is limited to an area identified as a	32362
one-hundred-year floodplain in accordance with the "National Flood	32363
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as	32364
amended.	32365

(B) Each municipal corporation or county that has within its	32366
boundaries a one-hundred-year floodplain and that adopts a	32367
floodplain management ordinance or resolution or any amendments to	32368
such an ordinance or resolution on or after April 11, 1991, after	32369
adopting the ordinance, resolution, or amendments and before	32370
submitting the ordinance, resolution, or amendments to the federal	32371
emergency management agency for final approval for compliance with	32372
applicable standards adopted under the "National Flood Insurance	32373
Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended, shall	32374
submit the ordinance, resolution, or amendments to the chief of	32375
the division of soil and water resources for the chief's review	32376
for compliance with those standards. Within forty-five days after	32377
receiving any such ordinance, resolution, or amendments, the chief	32378
shall complete the review and notify the municipal corporation or	32379
county as to whether the ordinance, resolution, or amendments	32380
comply with those standards. If the chief finds that the	32381
ordinance, resolution, or amendments comply with those standards,	32382
the chief shall forward it or them to the federal emergency	32383
management agency for final approval.	32384

(C)(1) If the chief determines that a county or municipal	32385
corporation that has adopted a floodplain management resolution or	32386
ordinance fails to administer or enforce the resolution or	32387
ordinance, the chief shall send a written notice by certified mail	32388
to the board of county commissioners of the county or the chief	32389
executive officer of the municipal corporation stating the nature	32390
of the noncompliance.	32391

(2) In order to maintain its compliance status in accordance	32392
with division (D) of this section, a county or municipal	32393
corporation that has received a notice of noncompliance under	32394
division (C)(1) of this section may submit information to the	32395
chief not later than thirty days after receiving the notice that	32396
demonstrates compliance or indicates the actions that the county	32397
or municipal corporation is taking to administer or enforce the	32398
resolution or ordinance. The chief shall review the information	32399
and shall issue a final determination by certified mail to the	32400
county or municipal corporation of the compliance or noncompliance	32401
status of the county or municipal corporation. If the chief issues	32402
a final determination of noncompliance, the chief shall send a	32403
copy of that determination to the federal emergency management	32404
agency concurrently with mailing the notice to the municipal	32405
corporation or county.	32406

(D)(1) A county or municipal corporation is considered to be	32407
in compliance for the purposes of this section if either of the	32408
following applies:	32409

(a) The county or municipal corporation has adopted a	32410
floodplain management resolution or ordinance that the chief has	32411
determined complies with applicable standards adopted under the	32412
"National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A.	32413
4001, as amended, and is adequately administering and enforcing it	32414
as determined under division (C) of this section.	32415

(b) The county or municipal corporation is participating in	32416
the national flood insurance program and has not received a notice	32417
of noncompliance under division (B) or (C) of this section.	32418

(2) The chief shall maintain a list of all counties and	32419
municipal corporations that have one-hundred-year floodplains	32420
within their boundaries. The list shall indicate whether each such	32421
county or municipal corporation is in compliance or noncompliance	32422
as provided in division (D)(1) of this section and whether each	32423
such county or municipal corporation is participating in the	32424
national flood insurance program. The chief shall provide a copy	32425
of the list to the general assembly and all state agencies	32426
annually and shall notify the general assembly and the agencies of	32427
any changes at least quarterly.	32428

(E) Any county or municipal corporation that is adversely	32429
affected by any determination of the chief under this section may	32430
appeal it in accordance with Chapter 119. of the Revised Code not	32431
later than thirty days after the final determination.	32432

Sec. 1521.19. (A) There is hereby created the Ohio water	32433
resources council consisting of the directors of agriculture,	32434
development, environmental protection, health, natural resources,	32435
transportation, and the Ohio public works commission, the	32436
chairperson of the public utilities commission of Ohio, the	32437
executive director of the Ohio water development authority, and an	32438
executive assistant in the office of the governor appointed by the	32439
governor. The governor shall appoint one of the members of the	32440
council to serve as its chairperson. The council may adopt bylaws	32441
that are necessary for the implementation of this section. The	32442
council shall provide a forum for policy development,	32443
collaboration and coordination among state agencies, and strategic	32444
direction with respect to state water resource programs. The	32445
council shall be assisted in its functions by a state agency	32446
coordinating group and an advisory group as provided in this	32447
section.	32448

(B) The state agency coordinating group shall consist of the	32449
executive director of the Ohio Lake Erie commission and a member	32450
or members from each state agency, commission, and authority	32451
represented on the council, to be appointed by the applicable	32452
director, chairperson, or executive director. However, the	32453
environmental protection agency shall be represented on the group	32454
by the chiefs of the divisions within that agency having	32455
responsibility for surface water programs and drinking and ground	32456
water programs, and the department of natural resources shall be	32457
represented on the group by the chief of the division of ~~water and~~	32458
~~the chief of the division of~~ soil and water ~~conservation~~	32459
resources. The chairperson of the council shall appoint a leader	32460
of the state agency coordinating group. The group shall provide	32461
assistance to and perform duties on behalf of the council as	32462
directed by the council.	32463

(C) The advisory group shall consist of not more than	32464
twenty-four members, each representing an organization or entity	32465
with an interest in water resource issues. The council shall	32466
appoint the members of the advisory group. Of the initial	32467
appointments, not more than ten members shall be appointed for	32468
one-year terms, and not more than ten members shall be appointed	32469
for two-year terms. Of the four initial appointments made after	32470
~~the effective date of this amendment~~April 6, 2007, two of the	32471
members shall be appointed for one-year terms, and two of the	32472
members shall be appointed for two-year terms. Thereafter, all	32473
advisory group members shall serve two-year terms. Members may be	32474
reappointed. Each member shall hold office from the date of the	32475
member's appointment until the end of the member's term. A member	32476
shall continue in office subsequent to the expiration date of the	32477
member's term until the member's successor takes office or until a	32478
period of sixty days has elapsed, whichever occurs first. The	32479
council may remove a member for misfeasance, nonfeasance, or	32480
malfeasance in office. The council shall appoint members to fill	32481
any vacancies on the group. A member appointed to fill a vacancy	32482
shall hold office for the remainder of the term for which that	32483
member was appointed.	32484

The chairperson of the council shall appoint a chairperson of	32485
the advisory group. The advisory group shall advise the council on	32486
water resources issues addressed by the council.	32487

(D) There is hereby created in the state treasury the Ohio	32488
water resources council fund. The department of natural resources	32489
shall serve as the fiscal agent for the fund. The departments of	32490
agriculture, development, environmental protection, health,	32491
natural resources, and transportation shall transfer moneys to the	32492
fund in equal amounts via intrastate transfer voucher. The public	32493
utilities commission of Ohio, Ohio public works commission, and	32494
Ohio water development authority may transfer moneys to the fund.	32495
If a voluntary transfer of moneys is made to the fund, the portion	32496
that is required to be transferred by the departments of	32497
agriculture, development, environmental protection, health,	32498
natural resources, and transportation may be equally reduced.	32499
Moneys in the fund shall be used to pay the operating expenses of	32500
the Ohio water resources council, including those specified in	32501
division (E) of this section.	32502

(E) The Ohio water resources council may hire staff to	32503
support its activities. The council may enter into contracts and	32504
agreements with federal agencies, state agencies, political	32505
subdivisions, and private entities to assist in accomplishing its	32506
objectives. Advisory group members shall be reimbursed for	32507
expenses necessarily incurred in the performance of their duties	32508
pursuant to section 126.31 of the Revised Code and any applicable	32509
rules pertaining to travel reimbursement adopted by the office of	32510
budget and management.	32511

Sec. 1523.01. In addition to all other powers granted to and	32512
duties devolving upon the chief of the division of soil and water	32513
resources, when in the chief's judgment it is for the public	32514
welfare and the best interests of the citizens of the state that	32515
the surplus, flood, and other waters of any of the watersheds,	32516
rivers, streams, watercourses, or public waters should be	32517
conserved, impounded, and stored in order to insure and promote	32518
the public health, welfare, and safety and to encourage and	32519
promote agriculture, commerce, manufacturing, and other public	32520
purposes, such chief shall proceed in furtherance of the purposes	32521
of sections 1523.01 to 1523.13 of the Revised Code, and for the	32522
preservation of the use of such waters for navigation, in case	32523
such waters are required for navigation, to construct such	32524
reservoirs, dams, storage basins, dikes, canals, raceways, and	32525
other improvements as are necessary for such purposes, or the	32526
chief may make additions to, enlarge, and make alterations in and	32527
upon such reservoirs, dams, storage basins, dikes, canals,	32528
raceways, and other improvements already in existence and	32529
constituting a part of the public works, as are necessary for such	32530
purposes. Any rights or privileges granted by sections 1523.01 to	32531
1523.13 of the Revised Code, shall not interfere with the control	32532
and maintenance of the state reservoirs or public parks which have	32533
been dedicated to the public for purposes of recreation and	32534
pleasure.	32535

~~Said~~The chief, subject to the written approval of the	32536
director of natural resources and the governor, may acquire by	32537
gift, purchase, or by appropriation proceedings, in the name of	32538
and on behalf of the state, such real and personal property,	32539
rights, privileges, and appurtenances as are necessary in the	32540
chief's judgment for the construction of such reservoirs, dams,	32541
storage basins, dikes, canals, raceways, and other improvements,	32542
or for the alteration, enlargement, or maintenance of existing	32543
reservoirs, dams, and other improvements, together with such	32544
rights of way, drives, and roadways as are necessary for	32545
convenient access thereto. The appropriation proceedings referred	32546
to in this section shall be restricted to private property only.	32547

Before proceeding to purchase or appropriate any such	32548
property or rights, the cost of which, together with the land or	32549
real estate necessary upon which to locate and construct such	32550
improvements, including damages to remaining property, is in	32551
excess of one thousand dollars, the chief shall prepare plans,	32552
specifications, and estimates of such cost, including all material	32553
and labor therefor, together with the cost of such land or real	32554
estate and damages, and shall thereupon submit such plans,	32555
specifications, and estimates to the director, who in turn shall	32556
submit them to the governor for approval.	32557

The governor shall thereupon publish written notice once a	32558
week for two consecutive weeks in a newspaper published in and of	32559
general circulation in the counties where any such improvements	32560
are proposed to be constructed, setting forth the location and	32561
character of the proposed improvements, that the plans,	32562
specifications, and estimates therefor are on file in the	32563
governor's office, and that objections thereto will be heard by	32564
the governor on a day to be named in ~~said~~the notice, which day	32565
shall be not less than ten nor more than twenty days after the	32566
first publication thereof. Within thirty days after the date	32567
fixed for ~~said~~the hearing, the governor shall return such plans,	32568
specifications, and estimates to the director, with the governor's	32569
written approval or rejection thereof indorsed thereon. The	32570
director shall immediately return such plans, specifications, and	32571
estimates, together with the governor's indorsement thereon, to	32572
the chief.	32573

Any instrument by which real property is acquired pursuant to	32574
this section shall identify the agency of the state that has the	32575
use and benefit of the real property as specified in section	32576
5301.012 of the Revised Code.	32577

Sec. 1523.02. If the governor approves the plans,	32578
specifications, and estimates authorized by section 1523.01 of the	32579
Revised Code, the chief of the division of soil and water	32580
resources shall thereupon proceed, as provided in sections	32581
1523.02 to 1523.13 of the Revised Code, to construct the	32582
improvements or to make alterations in or to enlarge those	32583
already existing, in such manner and form as is shown by such	32584
plans and specifications. In order to provide the funds for such	32585
construction, alteration, or enlargement, the chief shall issue	32586
and sell bonds of the state, not in excess of the estimated cost	32587
of such improvements. The bonds shall be issued in denominations	32588
of not less than one hundred dollars payable as a whole or in	32589
series on or before fifty years from the date thereof, with	32590
interest not to exceed the rate provided in section 9.95 of the	32591
Revised Code, payable either annually or semiannually.	32592

The bonds shall show on their face the purpose for which	32593
issued and shall create no liability upon or be considered an	32594
indebtedness of the state, but both the principal and interest	32595
shall be paid solely out of the proceeds arising from the	32596
improvements constructed, altered, or enlarged by the chief, or	32597
from the proceeds of the sale or foreclosure of the lien securing	32598
the bonds on such improvement or such part thereof as is	32599
constructed from the money realized from the sale of the bonds.	32600

The form of the bonds shall be approved by the attorney	32601
general, and they shall be signed by the governor and attested by	32602
the director of natural resources and the chief. The bonds may be	32603
issued as coupon bonds, payable to bearer only, or upon demand of	32604
the owner or holder thereof as registered bonds.	32605

Such bonds shall be sold by the chief to the highest bidder	32606
therefor, but for not less than the par value thereof, with	32607
accrued interest thereon, after thirty days' notice in at least	32608
two newspapers of general circulation in the county where such	32609
improvements are to be constructed, altered, or enlarged, setting	32610
forth the nature, amount, rate of interest, and length of time the	32611
bonds have to run, with the time and place of sale.	32612

The treasurer of state shall be the treasurer of the fund	32613
realized from the sale of such bonds, and the auditor of state	32614
shall be the auditor of such fund. The proceeds of such sale shall	32615
be turned over to the treasurer of state and shall be deposited by	32616
the treasurer of state in a solvent bank, located either in	32617
Columbus or in the county in which such improvements are located.	32618
Such proceeds shall be kept by such bank in a fund to be known as	32619
the water conservation improvement fund. Such fund shall be used	32620
to acquire the necessary real estate and to construct such new	32621
improvements and for no other purpose, except that the treasurer	32622
of state may pay the interest on the bonds during the period of	32623
condemnation and the construction, alteration, or enlargement of	32624
such improvements out of the proceeds arising from the sale of the	32625
bonds for a term not exceeding three years from the date on which	32626
the bonds are issued. The bank shall give bond to the state in	32627
such amount as the treasurer of state considers advisable, and	32628
with surety to the satisfaction of the treasurer of state, for the	32629
benefit of the holders of the bonds, and for the benefit of any	32630
contractors performing labor or furnishing material for such	32631
improvements, as provided by law, conditioned that it will safely	32632
keep the money and will make no payments or disbursements	32633
therefrom except as provided in sections 1523.01 to 1523.13 of the	32634
Revised Code.	32635

The treasurer of state shall hold such fund as trustee for	32636
the holders of the bonds and for all persons performing labor or	32637
furnishing material for the construction, alteration, or	32638
enlargement of any improvement made under such sections. Such	32639
funds shall not be turned into the state treasury, but shall be	32640
deposited and disbursed by the treasurer of state as provided in	32641
such sections. The interest coupons attached to such bonds shall	32642
bear the signature of the treasurer of state, executed by the	32643
treasurer of state or printed or lithographed thereon.	32644

Both the interest and principal of such bonds shall be made	32645
payable at the office of the treasurer of state in Columbus, and	32646
shall be paid by the treasurer of state, without warrant or	32647
authority of the director of budget and management, to the owner	32648
or holder of such bonds upon presentation by the owner or holder	32649
of matured interest coupons or bonds.	32650

Sec. 1523.03. Immediately after the sale of the bonds	32651
authorized by section 1523.02 of the Revised Code and the payment	32652
of the proceeds thereof to the treasurer of state as provided in	32653
such section, the chief of the division of soil and water	32654
resources shall make a written contract for the construction of	32655
the improvements or for the making of additions to or alterations	32656
in existing improvements with the lowest responsive and	32657
responsible bidder, in accordance with section 9.312 of the	32658
Revised Code, after advertisements once a week for four	32659
consecutive weeks in one newspaper in each of the cities of	32660
Columbus, Cleveland, and Cincinnati having a general circulation	32661
therein, one trade paper having a circulation among contractors	32662
engaged in the construction of public improvement work of like	32663
character, and two newspapers having a general circulation within	32664
the county in which the dam, reservoir, storage basin, or other	32665
improvement is located or is to be located.	32666

All bids shall be filed with the chief, within the time fixed	32667
for the filing of such bids in ~~said~~the advertisement. The bids	32668
shall be opened and publicly read by the chief at twelve noon on	32669
the last day for filing them. Each bid shall contain the full	32670
names of every person or company interested in it, shall	32671
separately state the price of both the labor and material to be	32672
furnished under it, and shall meet the requirements of section	32673
153.54 of the Revised Code.	32674

The chief may reject any bids. If the chief rejects all bids,	32675
the chief shall within sixty days thereafter readvertise for bids	32676
for the construction of such improvements, as provided in this	32677
section, and may continue to readvertise for bids every sixty days	32678
until bids are received which are made to the chief's satisfaction	32679
and in conformity to sections 1523.01 to 1523.13 of the Revised	32680
Code.	32681

The chief may award separate contracts to bidders for each	32682
part of the labor to be done or material to be furnished for the	32683
construction of such improvements, provided that the amount of the	32684
contract, if awarded as a whole, or the aggregate of ~~said~~the	32685
several contracts, if awarded separately, shall not, together with	32686
the cost of the land necessary for such improvements and the	32687
estimated damages to remaining property, be in excess of the	32688
estimated cost of the construction thereof, including such land	32689
and damages. Such contracts shall provide that all payments	32690
thereunder shall be made only from the proceeds of the sale of the	32691
bonds issued for the construction of such improvements. No	32692
contractor shall receive payment for any work or labor performed	32693
or material furnished for such improvements unless the contract	32694
therefor was, at the time of its execution, approved by the	32695
governor by the governor's written indorsement on such contract.	32696

Sec. 1523.04. When estimates or statements for either	32697
material theretofore furnished or labor theretofore performed	32698
under a contract entered into as provided in section 1523.03 of	32699
the Revised Code are presented to the chief of the division of	32700
soil and water ~~of the department of natural~~ resources by the	32701
contractor, certified as to the correctness thereof under oath by	32702
~~him~~the contractor or ~~his~~the contractor's authorized agent and	32703
approved in writing by the chief, the chief shall pay the amount	32704
of such estimates or statements from the water conservation	32705
improvement fund.	32706

Sec. 1523.05. The chief of the division of soil and water	32707
resources shall by contract in writing sell or lease for	32708
agricultural, commercial, manufacturing, or other lawful purposes,	32709
for any term not exceeding fifty years, the water, or any part	32710
thereof, conserved and stored by the improvements then existing,	32711
or that will be conserved and stored by any improvements	32712
thereafter to be constructed by ~~him~~the chief. The chief may lease	32713
the land surrounding ~~said~~the water for a term not exceeding fifty	32714
years, as shown by the plans and specifications prepared by ~~him~~	32715
the chief and approved by the governor as provided in section	32716
1523.01 of the Revised Code. Such agreements shall be for a	32717
certain price or rental for the water or lands furnished to or	32718
used by the grantees, lessees, or their assigns, to be paid	32719
quarterly, semiannually, or annually as the chief deems advisable.	32720

~~Said~~The chief may, for a term not exceeding fifty years,	32721
sell or lease power generated by any head of water raised or	32722
maintained by any such improvement, or hethe chief may sell or	32723
lease the right to use such head of water for generating power or	32724
other hydraulic purposes.	32725

All such contracts of sale or lease, whether for water or	32726
power, shall contain such reservations or restrictions as the	32727
chief deems necessary and proper in furtherance of the purposes of	32728
sections 1523.01 to 1523.13~~, inclusive,~~ of the Revised Code, and	32729
the preservation of the use of such waters for navigation in case	32730
they are required therefor.	32731

Such contracts or leases ~~must~~shall be approved by the	32732
attorney general as to their general form and legality and, before	32733
becoming binding obligations on the state, they shall be approved	32734
by the governor by ~~his~~the governor's written indorsement thereon.	32735

Sec. 1523.06. (A) The chief of the division of soil and	32736
water resources before selling bonds as provided in section	32737
1523.02 of the Revised Code or before receiving bids for the	32738
construction of improvements as authorized by section 1523.03 of	32739
the Revised Code may enter into tentative agreements for the sale	32740
or lease of water or power to:	32741

(1) Ascertain whether the public interest and welfare	32742
reasonably require the proposed improvements in the proposed	32743
locality;	32744

(2) Determine whether the revenues which the state may derive	32745
from the lease of lands and the lease and sale of the waters which	32746
are estimated will be conserved, impounded, and stored, or from	32747
the sale or lease of the power generated by such improvements,	32748
will be sufficient:	32749

(a) To pay the interest on bonds issued under section 1523.02	32750
of the Revised Code;	32751

(b) To create a sinking fund to retire ~~said~~the bonds at	32752
their maturity;	32753

32754

(B) The performance and carrying out of such tentative	32755
agreements shall be conditioned upon the ability of such chief to:	32756

(1) Sell ~~said~~the proposed bonds at not less than par and	32757
accrued interest;	32758

(2) Secure bids for the furnishing of all the labor and	32759
material necessary in the construction of such improvements,	32760
including all real estate required and damages incurred, at such a	32761
price that the rentals or compensation to be paid will provide	32762
during the terms of such contracts or leases a sum sufficient to	32763
pay ~~said~~the interest, retire ~~said~~the bonds, and maintain and	32764
keep ~~said~~the improvements in repair.	32765

Sec. 1523.07. The treasurer of state shall be treasurer and	32766
the auditor of state shall be auditor of all moneys derived from	32767
the use of the improvements authorized by sections 1523.01 to	32768
1523.13~~, inclusive,~~ of the Revised Code. The treasurer of state	32769
shall hold ~~said~~the moneys as trustee for the maintenance of any	32770
improvements constructed under such sections, and for the holders	32771
of any bonds issued in accordance with section 1523.02 of the	32772
Revised Code. ~~Said~~The moneys shall not be turned into the state	32773
treasury, but shall be deposited and disbursed by the treasurer of	32774
state in the manner provided in this section. All such moneys	32775
shall be collected by the treasurer of state on statements to be	32776
furnished by the chief of the division of soil and water resources	32777
and when so collected shall be deposited in solvent banks in the	32778
state upon the same terms as state funds are now loaned. ~~Said~~The	32779
funds shall be kept by such banks in a fund known as the "water	32780
conservation fund" and shall be used, first, to maintain and keep	32781
in repair the dams, reservoirs, storage basins, and other	32782
improvements, and, second, to pay the interest upon and principal	32783
of the bonds issued and sold pursuant to section 1523.02 of the	32784
Revised Code, as such interest falls due or ~~said~~the bonds mature.	32785

The banks in which the treasurer of state deposits any of the	32786
moneys belonging either to the water conservation improvement fund	32787
provided for in section 1523.02 of the Revised Code or the water	32788
conservation fund provided for in this section shall be state	32789
depository banks as provided for in sections 135.01 to 135.21,	32790
~~inclusive,~~ of the Revised Code. An amount not to exceed fifty	32791
thousand dollars of the money on deposit at any one time in the	32792
water conservation improvement fund, and an amount not to exceed	32793
ten thousand dollars in the water conservation fund shall be held	32794
by any of ~~said~~the banks as an active deposit, and ~~said~~the banks	32795
shall pay the treasurer of state on such deposits, both active and	32796
inactive, the same rate of interest then being paid by them upon	32797
the funds of the state then deposited with them by the treasurer	32798
of state. All such payments of interest shall be credited to the	32799
respective funds upon which such interest is paid.	32800

Sec. 1523.08. When the cost of any repairs to the	32801
improvements authorized by section 1523.01 of the Revised Code	32802
does not exceed one thousand dollars, the chief of the division of	32803
soil and water ~~of the department of natural~~ resources either may	32804
make such repairs ~~himself~~ or may let a contract therefor without	32805
advertising for bids. If the cost of any such repairs is in excess	32806
of one thousand dollars, the chief shall advertise for bids for	32807
the making of such repairs and let a contract therefor as provided	32808
in section 1523.03 of the Revised Code.	32809

When itemized statements are presented to the chief showing	32810
the amount of labor performed and material furnished in the making	32811
of such repairs, verified by the person making them and approved	32812
in writing by the chief, the chief shall pay the amount of such	32813
statement from the water conservation fund.	32814

Sec. 1523.09. If a reservoir, dam, storage basin, or other	32815
improvement constructed or enlarged by the chief of the division	32816
of soil and water resources as provided in sections 1523.01 to	32817
1523.13 of the Revised Code constitutes a part of the canal system	32818
of the state or is located upon any river, stream, or body of	32819
water formerly used as a feeder for the canal system, no water	32820
shall be sold or leased from the improvement ~~by the chief~~ except	32821
in accordance with section 1520.03 of the Revised Code.	32822

Sec. 1523.10. The funds derived from the sale, use, or lease	32823
of the water impounded and conserved or the power generated by the	32824
improvements constructed pursuant to sections 1523.01 to 1523.13,	32825
~~inclusive,~~ of the Revised Code, or from the lease of the lands and	32826
improvements adjacent thereto are hereby expressly pledged for the	32827
purpose of maintaining and keeping ~~said~~the improvements in repair	32828
and for the payment of the interest on and principal of the bonds	32829
issued under section 1523.02 of the Revised Code, as the same fall	32830
due and mature. The owners of such bonds are hereby given a lien	32831
for the payment of the principal and interest of such bonds upon	32832
any dam, reservoir, storage basin, or other improvements, or any	32833
part thereof, with the appurtenances belonging thereto,	32834
constructed by the chief of the division of soil and water	32835
resources with the funds derived from the sale of such bonds.	32836

If default is made in the payment of the interest on any of	32837
~~said~~the bonds for three or more successive years, or if bonds,	32838
aggregating in par value not less than ten per cent of the total	32839
amount of such bonds then outstanding are not paid at maturity,	32840
then all of ~~said~~the bonds, both principal and interest, shall	32841
become due and payable, and the owners of any of ~~said~~the bonds,	32842
aggregating in par value not less than ten per cent of the total	32843
amount of such bonds then outstanding, may institute proceedings	32844
to foreclose such lien against the state in the court of common	32845
pleas of the county in which is located any of ~~said~~the	32846
improvements, constructed, altered, or enlarged out of the	32847
proceeds of the sale of such bonds.	32848

~~Said~~The court shall have jurisdiction of such action with	32849
full power to foreclose such lien and to make an order to the	32850
sheriff of ~~said~~the county, acting as a master commissioner,	32851
directing ~~him~~the sheriff to make a sale of such improvements or	32852
part thereof at not less than two-thirds of the appraised value	32853
thereof, and upon such terms and in manner and form as provided	32854
for in ~~said~~the order, and to pay the proceeds of such sale to the	32855
clerk of the court of common pleas. Upon motion of the purchaser	32856
of such improvements at such sale, the court, if such sale is	32857
found to be regular in all respects and according to law, shall	32858
confirm the sale and order the sheriff to execute a deed to such	32859
purchaser and ~~his~~the purchaser's assigns, conveying to ~~him~~the	32860
purchaser and the purchaser's assigns all the right, title, and	32861
interest of the holders of ~~said~~the bonds in and to ~~said~~the	32862
improvements, and all the right, title, and interest of the state,	32863
for a period of not more than fifty years from the date of such	32864
conveyance, in the same, with full right and franchise, for ~~said~~	32865
the period of not to exceed fifty years, to operate ~~said~~the	32866
improvements and dispose of the water conserved or the power	32867
generated thereby, with the further right, for ~~said~~the period of	32868
fifty years, to flow, transport, and convey ~~said~~the water from	32869
~~said~~the improvements, or to conduct and transmit power generated	32870
thereby through, over, and upon any of the lands of the state or	32871
channels or beds of any of its reservoirs, lakes, canals, races,	32872
aqueducts, or watercourses. In the exercise of such rights, such	32873
purchaser or ~~his~~the purchaser's assigns shall at all times during	32874
the term of ~~said~~the grant maintain the improvements so conveyed	32875
to them in a good state of repair and shall not interfere with the	32876
navigation of the canals of the state or with the control and	32877
maintenance thereof or with the sale of water by the state from	32878
its dams, reservoirs, and improvements other than those so	32879
constructed. The state does not incur any liability by reason of	32880
such sale and the rights granted thereunder to continue to	32881
maintain such canals, races, channels, or watercourses, or to	32882
continue the use thereof. Such conveyance or grant by the sheriff	32883
as such master commissioner shall contain a clause giving the	32884
chief such control of waste gates and wickets as to regulate the	32885
flow of water in the state reservoirs or canals, in such manner as	32886
to maintain the proper level therein and to prevent the flowing	32887
into such reservoirs and canals of such quantities of water as	32888
might impair any of the property of the state or its lessees,	32889
except as otherwise provided in section 1520.03 of the Revised	32890
Code.	32891

Upon the foreclosure of ~~said~~the lien and the sale of ~~said~~	32892
the improvements, all contracts or leases for the sale, use, or	32893
lease of water, the lands and improvements adjacent thereto, or	32894
power rights then outstanding shall become void, and the rights of	32895
the state and the several lessees thereunder, shall cease.	32896

Upon the making of an order by the court for the sale of such	32897
improvements, and before they are offered for sale by the sheriff,	32898
the court shall appoint three disinterested appraisers, one of	32899
whom shall be a water-works or hydraulic engineer with at least	32900
five years' experience in the practice of ~~his~~the engineer's	32901
profession, and two of whom shall be freeholders residing in the	32902
county in which any of such improvements are located. ~~Said~~The	32903
appraisers shall appraise ~~said~~the improvements and shall, within	32904
the time fixed by the court, file such appraisal in writing with	32905
the clerk. If the lien given by this section as security for the	32906
payment of ~~said~~the bonds covers a part only of ~~said~~the	32907
improvements, ~~said~~the appraisers shall appraise ~~said~~the	32908
improvements as an entirety, and shall also appraise separately	32909
the part constructed from the proceeds of the sale of ~~said~~the	32910
bonds, the lien of which is being foreclosed in such proceeding.	32911

In making such appraisal and fixing the value of ~~said~~the	32912
improvements or of such part thereof, ~~said~~the appraisers shall	32913
have access to all papers and documents on file in the office of	32914
the chief relating to such improvements, including the plans and	32915
specifications therefor, and the bids made and contracts entered	32916
into for the construction thereof, and all leases and contracts	32917
for the sale of water impounded therein and power generated	32918
thereby. The order of the court shall direct the sale only of such	32919
part of ~~said~~the improvements as have been constructed from the	32920
proceeds of the sale of ~~said~~the bonds. The purchaser at such	32921
sale, in the operation of such improvements during the term of the	32922
franchise granted to ~~him~~the purchaser by this section, shall draw	32923
from the dam or reservoir impounding such water only such portion	32924
thereof as the appraised value of that part of such improvements,	32925
constructed from the proceeds of the sale of such bonds and sold	32926
to ~~him~~the purchaser under the order of the court, bears to the	32927
entire appraised value of such improvements.	32928

If at any time during the term of the franchise granted to	32929
the purchaser of such improvements at such foreclosure sale any	32930
controversy arises between ~~him~~the purchaser or ~~his~~the	32931
purchaser's assigns and the chief as to the operation of such	32932
improvements, or as to the amount of water which ~~said~~the	32933
purchaser is drawing or is entitled to draw therefrom, either ~~said~~	32934
the purchaser or ~~said~~the chief may file a petition in ~~said~~the	32935
court, setting forth the facts connected with such controversy.	32936

Notice in writing of the filing of such petition shall be	32937
given to the opposite party to ~~said~~the controversy within thirty	32938
days from the date of the filing thereof, either by service of	32939
such notice personally upon such opposite party by the sheriff of	32940
such county or by service by mail by the clerk. Such notice shall	32941
be mailed to the name and address which the purchaser filed with	32942
~~said~~the clerk at the time of the delivery to the purchaser by the	32943
sheriff of the deed. Within thirty days from the serving or	32944
mailing of such notice, the opposite party to ~~said~~the controversy	32945
shall file ~~his~~an answer in ~~said~~the court, and thereupon the	32946
court shall hear and determine ~~said~~the controversy and make such	32947
order in regard to it as is just and proper, which order shall be	32948
binding upon all the parties to ~~said~~the controversy.	32949

At the termination of ~~said~~the period of not to exceed fifty	32950
years, all of the rights and privileges conveyed to ~~said~~the	32951
purchaser by the deed and grant of such sheriff as master	32952
commissioner shall cease and ~~said~~the improvements, with all the	32953
appurtenances belonging thereto, shall revert to and become the	32954
property of the state, free and clear of any claims whatever	32955
against them.	32956

The clerk shall distribute and pay the money received by ~~him~~	32957
the clerk from the sheriff as such master commissioner from the	32958
sale of such improvements to the holders of ~~said~~the bonds pro	32959
rata, and upon such payment to any of ~~said~~the bondholders, they	32960
shall surrender to the ~~said~~the clerk their bonds, with all unpaid	32961
interest coupons thereon. The clerk shall thereupon cancel the	32962
same and deliver them, so canceled, to the treasurer of the water	32963
conservation improvement fund.	32964

Sec. 1523.11. All appropriations of property made by the	32965
chief of the division of soil and water resources in carrying out	32966
sections 1523.01 to 1523.13~~, inclusive,~~ of the Revised Code, shall	32967
be made in accordance with sections 163.01 to 163.22~~, inclusive,~~	32968
of the Revised Code, provided that possession of any property so	32969
appropriated shall not be taken by the state or the chief before	32970
the compensation and damages awarded therefor in the appropriation	32971
proceedings have been paid into court.	32972

Sec. 1523.12. Sections 1523.01 to 1523.13~~, inclusive,~~ of the	32973
Revised Code do not authorize any reduction in the quantity or any	32974
impairment in the quality of the water in any watershed, stream,	32975
or basin, developed or undeveloped, from which any political	32976
subdivision is, at the time the chief of the division of soil and	32977
water resources proposes and is proceeding to construct in such	32978
watershed, stream, or basin any of the improvements authorized by	32979
such sections, taking water for the use of itself or its	32980
inhabitants, or has plans under way, or has made or begun	32981
appropriation of any property or rights in such watershed, stream,	32982
or basin for the purpose of acquiring a water supply for itself or	32983
its inhabitants for either domestic, industrial, or other uses.	32984
Such sections do not authorize the chief to sell or lease the	32985
right to use water at any time for any purpose or to such an	32986
extent as to prejudice, abrogate, or supersede any of the water	32987
rights granted by the state to the city of Akron as provided in	32988
volume 102, Ohio Laws, page 175, sections 1 to 3~~, inclusive~~.	32989

Sec. 1523.13. If by reason of severe drought or other causes	32990
the water supply of any political subdivision is, in the judgment	32991
of the chief of the division of soil and water resources, at any	32992
time so reduced or impaired as to endanger the property of such	32993
political subdivision, or the health, safety, or property of the	32994
inhabitants thereof, then the chief, under such regulations as he	32995
the chief prescribes, may grant to such political subdivision the	32996
right, during the continuance of such emergency, to draw or take	32997
such quantity of water as is necessary to protect the property of	32998
such political subdivision and the health, safety, or property of	32999
its inhabitants from any improvement constructed under sections	33000
1523.01 to 1523.13~~, inclusive,~~ of the Revised Code, before any of	33001
the lessees or grantees of the state using the water for	33002
industrial purposes take water therefrom. Such political	33003
subdivision shall pay such price per thousand gallons for the	33004
water so taken by it as is fixed by the chief and the governor.	33005
The price so fixed shall not exceed the maximum price then being	33006
paid for water to the state by any of its lessees or grantees.	33007
Such grant by the chief to such political subdivision shall not	33008
modify the terms or impair the validity of any leases then	33009
existing between the state and other persons, firms, or	33010
corporations, except as expressly provided in this section.	33011

Sec. 1523.14. The director of transportation in constructing	33012
highways, bridges, and culverts as provided by law; the board of	33013
county commissioners in constructing highways, bridges, and	33014
culverts as provided by law; the board of township trustees of any	33015
township in constructing highways, bridges, and culverts as	33016
provided by law; and any municipal corporation constructing or	33017
improving viaducts, bridges, and culverts under section 717.01 of	33018
the Revised Code, either severally or jointly, upon request of the	33019
chief of the division of soil and water resources and with the	33020
approval of the director of transportation, may construct and	33021
maintain slack-water dams in connection with ~~said~~the highway,	33022
highway bridge, or culvert so as to create reservoirs, ponds,	33023
water parks, basins, lakes, or other incidental works to conserve	33024
the water supply of the state.	33025

Sec. 1523.15. The chief of the division of soil and water of	33026
~~the department of natural~~ resources may request the public	33027
authority having charge of the construction of state, county, or	33028
township highways, highway bridges, and culverts, or municipal	33029
streets, for the construction of slack-water dams in connection	33030
with the construction of any such highway, street, highway bridge,	33031
or culvert whenever, in ~~his~~the chief's opinion, the construction	33032
of such dam is desirable and feasible for the economical creation	33033
and construction of reservoirs, ponds, water parks, basins, lakes,	33034
or other incidental works for the conservation of the water supply	33035
of the state.	33036

The public authority having charge of such construction may	33037
approve such request when, in its opinion, the construction of	33038
such dams will not unnecessarily delay or hinder the construction	33039
of the highway, street, highway bridge, or culvert, or will not	33040
interfere with its value or use for highway purposes.	33041

If such request is approved, the chief, in cooperation with	33042
the department of transportation and the public authority	33043
participating in the project, shall make a survey and prepare	33044
plans, specifications, and estimates for the construction of such	33045
dams and the reservoir, pond, water park, basin, lake, or other	33046
incidental works in connection therewith.	33047

Upon approval of the plans and specifications and	33048
determination to proceed with the project, the chief shall enter	33049
into an agreement with the public authority on the distribution of	33050
the cost and expense of the construction of such dams and	33051
incidental works in connection therewith. The portion of the cost	33052
to be paid by the division of soil and water resources shall be	33053
paid from any funds appropriated for or paid into the division and	33054
available for such purpose.	33055

Such dams shall be constructed under and subject to any laws	33056
governing the construction of state, county, or township highways,	33057
bridges, or culverts. Any public authority undertaking	33058
construction under sections 1523.14 to 1523.20 of the Revised Code	33059
shall proceed in the same manner as provided for the construction	33060
of highway or street improvements.	33061

Sec. 1523.16. Any department or division of the state	33062
government, or any county, township, municipal corporation, park	33063
board, or district, or any organization, club, corporation, or	33064
private person may petition the chief of the division of soil and	33065
water resources for the construction of dams and reservoir	33066
projects in connection with the construction of any highway,	33067
highway bridge, or culvert.	33068

Upon receipt of such a petition and its approval by the	33069
chief, hethe chief shall proceed as authorized by section 1523.15	33070
of the Revised Code. If the public authority having charge of the	33071
construction of such highway, street, highway bridge, or culvert	33072
approves the request, then the chief shall enter into an agreement	33073
with the public authority, organization, or person petitioning for	33074
the construction of such dam or reservoir on the apportionment of	33075
the cost and expense of construction. The cost and expense of such	33076
dam project shall include the cost of clearing and grubbing and	33077
the cost of property and damages incidental thereto. Such	33078
agreement shall also contain provisions for the proper maintenance	33079
and repair of such projects after completion, and also apportion	33080
the revenue derived therefrom between the division of soil and	33081
water resources and the petitioner.	33082

Sec. 1523.17. In all cases in which a public authority,	33083
private organization, or person petitions for the construction of	33084
a dam and reservoir project as authorized by ~~section~~sections	33085
1523.14 to 1523.20 of the Revised Code, the chief of the division	33086
of soil and water ~~of the department of natural~~ resources, as a	33087
condition precedent to the construction of such project, shall	33088
require the petitioning authority, organization, or person to pay	33089
~~his~~the petitioning authority's, organization's, or person's share	33090
of the cost and expense of such project.	33091

Any deficiency shall be made up by the parties bearing the	33092
cost before any further work is done. If the deficiency is not	33093
made up within sixty days after it is known, the amount paid in,	33094
less the expense incurred by the chief and the cooperating public	33095
authorities, shall be refunded to the donor. After completion of	33096
the work, any amount remaining to the credit of the project shall	33097
likewise be refunded.	33098

Sec. 1523.18. In the construction of dams, reservoirs, and	33099
other incidental works under sections 1523.14 to 1523.20 of the	33100
Revised Code, the chief of the division of soil and water	33101
resources shall proceed as provided by law, and shall enter into	33102
contracts therefor as provided in sections 153.01 to 153.29 of the	33103
Revised Code. The director of transportation, the chief of the	33104
division of wildlife with the approval of the director of natural	33105
resources, and any county, township, municipal corporation, and	33106
public park board or district may proceed with the letting of	33107
contracts for the construction of such dams or reservoir projects,	33108
approved by the chief of the division of soil and water resources,	33109
under any laws regulating the letting of contracts applicable to	33110
their respective departments, divisions, districts, or political	33111
subdivisions, and the authority of sections 1523.14 to 1523.20 of	33112
the Revised Code.	33113

Sec. 1523.19. The chief of the division of soil and water	33114
resources shall have the supervision, care, and control of all	33115
dams, reservoirs, ponds, water parks, basins, lakes, or other	33116
incidental works constructed under sections 1523.14 to 1523.20,	33117
~~inclusive,~~ of the Revised Code, and shall maintain and keep them	33118
in repair. The cost of such maintenance and repair shall be paid	33119
from any funds appropriated to the division of soil and water	33120
resources for that purpose or paid into the state treasury as	33121
agreed upon with the public or contracting authorities	33122
co-operating in the construction of such projects.	33123

Such projects may also be maintained by any department or	33124
division of state government or other public authorities leasing	33125
or operating the projects, through agreements made with ~~said~~the	33126
chief. All rentals derived from the lessees of such projects shall	33127
be used by ~~said~~the chief in the maintenance or repair of all such	33128
projects constructed under such sections. The costs and expenses	33129
of the reconstruction of any such projects shall be distributed,	33130
unless otherwise agreed, on the same basis and pro-rata share of	33131
the costs and expenses as was paid by the contracting authorities	33132
contributing to the cost of the original project.	33133

Sec. 1523.20. When the chief of the division of soil and	33134
water resources and the owners of the lands, waters, or riparian	33135
rights are unable to agree upon the terms, purchase price, and	33136
sale thereof, the chief may acquire the lands by appropriation	33137
proceedings in the manner provided by sections 163.01 to 163.22 of	33138
the Revised Code.	33139

The title or lease to any such lands, waters, or riparian	33140
rights shall be taken by the chief, subject to the approval of the	33141
governor and the attorney general, in the name of the state. The	33142
lease rentals or purchase price of any such lands, waters, or	33143
riparian rights, as well as all costs and expenses of constructing	33144
any such reservoirs, ponds, water parks, basins, lakes, or other	33145
incidental works on those lands, may be paid for from any funds	33146
appropriated for the use of or paid into the division of soil and	33147
water resources and available for that purpose. The chief may	33148
accept contributions to those funds from individuals,	33149
associations, clubs, organizations, and corporations.	33150

Sec. 1533.11. (A) Except as provided in this section, no	33151
person shall hunt deer on lands of another without first obtaining	33152
an annual deer permit. Except as provided in this section, no	33153
person shall hunt wild turkeys on lands of another without first	33154
obtaining an annual wild turkey permit. Each applicant for a deer	33155
or wild turkey permit shall pay an annual fee of twenty-three	33156
dollars for each permit unless the rules adopted under division	33157
(B) of section 1533.12 of the Revised Code provide for issuance of	33158
a deer or wild turkey permit to the applicant free of charge.	33159
Except as provided in rules adopted under division (B)(2) of that	33160
section, each applicant who is a resident of this state and who at	33161
the time of application is sixty-six years of age or older shall	33162
procure a senior deer or wild turkey permit, the fee for which	33163
shall be one-half of the regular deer or wild turkey permit fee.	33164
Each applicant who is under the age of eighteen years shall	33165
procure a youth deer or wild turkey permit, the fee for which	33166
shall be one-half of the regular deer or wild turkey permit fee.	33167
Except as provided in division (A)(2) of section 1533.12 of the	33168
Revised Code, a deer or wild turkey permit shall run concurrently	33169
with the hunting license. The money received shall be paid into	33170
the state treasury to the credit of the wildlife fund, created in	33171
section 1531.17 of the Revised Code, exclusively for the use of	33172
the division of wildlife in the acquisition and development of	33173
land for deer or wild turkey management, for investigating deer or	33174
wild turkey problems, and for the stocking, management, and	33175
protection of deer or wild turkey. Every person, while hunting	33176
deer or wild turkey on lands of another, shall carry the person's	33177
deer or wild turkey permit and exhibit it to any enforcement	33178
officer so requesting. Failure to so carry and exhibit such a	33179
permit constitutes an offense under this section. The chief of the	33180
division of wildlife shall adopt any additional rules the chief	33181
considers necessary to carry out this section and section 1533.10	33182
of the Revised Code.	33183

The owner and the children of the owner of lands in this	33184
state may hunt deer or wild turkey thereon without a deer or wild	33185
turkey permit. The tenant and children of the tenant may hunt deer	33186
or wild turkey on lands where they reside without a deer or wild	33187
turkey permit.	33188

(B) A deer or wild turkey permit is not transferable. No	33189
person shall carry a deer or wild turkey permit issued in the name	33190
of another person.	33191

(C) The wildlife refunds fund is hereby created in the state	33192
treasury. The fund shall consist of money received from	33193
application fees for deer permits that are not issued. Money in	33194
the fund shall be used to make refunds of such application fees.	33195

(D) If the division establishes a system for the electronic	33196
submission of information regarding deer or wild turkey that are	33197
taken, the division shall allow the owner and the children of the	33198
owner of lands in this state to use the owner's name or address	33199
for purposes of submitting that information electronically via	33200
that system.	33201

Sec. 1541.03. All lands and waters dedicated and set apart	33202
for state park purposes shall be under the control and management	33203
of the division of parks and recreation, which shall protect,	33204
maintain, and keep them in repair. The division shall have the	33205
following powers over all such lands and waters:	33206

(A) To make alterations and improvements;

33207

(B) To construct and maintain dikes, wharves, landings,	33208
docks, dams, and other works;	33209

(C) To construct and maintain roads and drives in, around,	33210
upon, and to the lands and waters to make them conveniently	33211
accessible and useful to the public;	33212

(D) Except as otherwise provided in this section, to adopt,	33213
amend, and rescind, in accordance with Chapter 119. of the Revised	33214
Code, rules necessary for the proper management of state parks,	33215
bodies of water, and the lands adjacent to them under its	33216
jurisdiction and control, including the following:	33217

(1) Governing opening and closing times and dates of the	33218
parks;	33219

(2) Establishing fees and charges for use of facilities in	33220
state parks;	33221

(3) Governing camps, camping, and fees for camps and camping;

33222

(4) Governing the application for and rental of, rental fees	33223
for, and the use of cottages;	33224

(5) Relating to public use of state park lands, and governing	33225
the operation of motor vehicles, including speeds, and parking on	33226
those lands;	33227

(6) Governing all advertising within state parks and the	33228
requirements for the operation of places selling tangible personal	33229
property and control of food service sales on lands and waters	33230
under the control of the division, which rules shall establish	33231
uniform requirements;	33232

(7) Providing uniform standards relating to the size, type,	33233
location, construction, and maintenance of structures and devices	33234
used for fishing or moorage of watercraft, rowboats, sailboats,	33235
and powercraft, as those terms are defined in section 1547.01 of	33236
the Revised Code, over waters under the control of the division	33237
and establishing reasonable fees for the construction of and	33238
annual use permits for those structures and devices;	33239

(8) Governing state beaches, swimming, inflatable devices,	33240
and fees for them;	33241

(9) Governing the removal and disposition of any watercraft,	33242
rowboat, sailboat, or powercraft, as those terms are defined in	33243
section 1547.01 of the Revised Code, left unattended for more than	33244
seven days on any lands or waters under the control of the	33245
division;	33246

(10) Governing the establishment and collection of check	33247
collection charges for checks that are returned to the division or	33248
dishonored for any reason.	33249

(E) To coordinate and plan trails in accordance with section	33250
1519.03 of the Revised Code;	33251

(F) To cooperate with the United States and agencies of it	33252
and with political subdivisions in administering federal	33253
recreation moneys under the "Land and Water Conservation Fund Act	33254
of 1965," 78 Stat. 897, 16 U.S.C. 4601-8, as amended; prepare and	33255
distribute the statewide comprehensive outdoor recreation plan;	33256
and administer the state recreational vehicle fund created in	33257
section 4519.11 of the Revised Code;	33258

(G) To administer any state or federally funded grant program	33259
that is related to natural resources and recreation as considered	33260
necessary by the director of natural resources;	33261

(H) To assist the department of natural resources and its	33262
divisions by providing department-wide planning, capital	33263
improvements planning, and special purpose planning.	33264

With the approval of the director, the chief of the division	33265
of parks and recreation may enter into contracts or agreements	33266
with any agency of the United States government, any other public	33267
agency, or any private entity or organization for the performance	33268
of the duties of the division.	33269

The division shall adopt rules under this section	33270
establishing a discount program for all persons who are issued a	33271
golden buckeye card under section 173.06 of the Revised Code. The	33272
discount program shall provide a discount for all park services	33273
and rentals, but shall not provide a discount for the purchase of	33274
merchandise.	33275

The division shall not adopt rules establishing fees or	33276
charges for parking a motor vehicle in a state park or for	33277
admission to a state park.	33278

Every resident of this state with a disability that has been	33279
determined by the veterans administration to be permanently and	33280
totally disabling, who receives a pension or compensation from the	33281
veterans administration, and who received an honorable discharge	33282
from the armed forces of the United States, and every veteran to	33283
whom the registrar of motor vehicles has issued a set of license	33284
plates under section 4503.41 of the Revised Code, shall be exempt	33285
from the fees for camping, provided that the resident or veteran	33286
carries in the state park such evidence of the resident's or	33287
veteran's disability as the chief ~~of the division of parks and~~	33288
~~recreation~~ prescribes by rule.	33289

Unless otherwise provided by division rule, every resident of	33290
this state who is sixty-five years of age or older or who is	33291
permanently and totally disabled and who furnishes evidence of	33292
that age or disability in a manner prescribed by division rule	33293
shall be charged one-half of the regular fee for camping, except	33294
on the weekends and holidays designated by the division, and shall	33295
not be charged more than ninety per cent of the regular charges	33296
for state recreational facilities, equipment, services, and food	33297
service operations utilized by the person at any time of year,	33298
whether maintained or operated by the state or leased for	33299
operation by another entity.	33300

As used in this section, "food service operations" means	33301
restaurants that are owned by the department of natural resources	33302
at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state	33303
parks or are part of a state park lodge. "Food service	33304
operations" does not include automatic vending machines,	33305
concession stands, or snack bars.	33306

As used in this section, "prisoner of war" means any	33307
regularly appointed, enrolled, enlisted, or inducted member of the	33308
military forces of the United States who was captured, separated,	33309
and incarcerated by an enemy of the United States. Any person who	33310
has been a prisoner of war, was honorably discharged from the	33311
military forces, and is a resident of this state is exempt from	33312
the fees for camping. To claim this exemption, the person shall	33313
present written evidence in the form of a record of separation, a	33314
letter from one of the military forces of the United States, or	33315
such other evidence as the chief prescribes by rule that satisfies	33316
the eligibility criteria established by this section.	33317

Sec. 1547.01. (A) As used in sections 1541.03, 1547.26,	33318
1547.39, 1547.40, 1547.53, 1547.54, 1547.541, 1547.542, 1547.543,	33319
1547.56, 1547.57, 1547.66, 3733.21, and 5311.01 of the Revised	33320
Code, "watercraft" means any of the following when used or capable	33321
of being used for transportation on the water:	33322

(1) A vessel operated by machinery either permanently or	33323
temporarily affixed;	33324

(2) A sailboat other than a sailboard;

33325

(3) An inflatable, manually propelled boat that is required	33326
by federal law to have a hull identification number meeting the	33327
requirements of the United States coast guard;	33328

(4) A canoe or rowboat.

33329

"Watercraft" does not include ferries as referred to in	33330
Chapter 4583. of the Revised Code.	33331

Watercraft subject to section 1547.54 of the Revised Code	33332
shall be divided into five classes as follows:	33333

Class A: Less than sixteen feet in length;

33334

Class 1: At least sixteen feet, but less than twenty-six feet	33335
in length;	33336

Class 2: At least twenty-six feet, but less than forty feet	33337
in length;	33338

Class 3: At least forty feet, but less than sixty-five feet	33339
in length;	33340

Class 4: At least sixty-five feet in length.

33341

(B) As used in this chapter:

33342

(1) "Vessel" includes every description of craft, including	33343
nondisplacement craft and seaplanes, designed to be used as a	33344
means of transportation on water.	33345

(2) "Rowboat" means any vessel, except a canoe, that is	33346
designed to be rowed and that is propelled by human muscular	33347
effort by oars or paddles and upon which no mechanical propulsion	33348
device, electric motor, internal combustion engine, or sail has	33349
been affixed or is used for the operation of the vessel.	33350

(3) "Sailboat" means any vessel, equipped with mast and	33351
sails, dependent upon the wind to propel it in the normal course	33352
of operation.	33353

(a) Any sailboat equipped with an inboard engine is deemed a	33354
powercraft with auxiliary sail.	33355

(b) Any sailboat equipped with a detachable motor is deemed a	33356
sailboat with auxiliary power.	33357

(c) Any sailboat being propelled by mechanical power, whether	33358
under sail or not, is deemed a powercraft and subject to all laws	33359
and rules governing powercraft operation.	33360

(4) "Powercraft" means any vessel propelled by machinery,	33361
fuel, rockets, or similar device.	33362

(5) "Person" includes any legal entity defined as a person in	33363
section 1.59 of the Revised Code and any body politic, except the	33364
United States and this state, and includes any agent, trustee,	33365
executor, receiver, assignee, or other representative thereof.	33366

(6) "Owner" includes any person who claims lawful possession	33367
of a vessel by virtue of legal title or equitable interest therein	33368
that entitled the person to that possession.	33369

(7) "Operator" includes any person who navigates or has under	33370
the person's control a vessel, or vessel and detachable motor, on	33371
the waters in this state.	33372

(8) "Visible" means visible on a dark night with clear	33373
atmosphere.	33374

(9) "Waters in this state" means all streams, rivers, lakes,	33375
ponds, marshes, watercourses, waterways, and other bodies of	33376
water, natural or humanmade, that are situated wholly or partially	33377
within this state or within its jurisdiction and are used for	33378
recreational boating.	33379

(10) "Navigable waters" means waters that come under the	33380
jurisdiction of the department of the army of the United States	33381
and any waterways within or adjacent to this state, except inland	33382
lakes having neither a navigable inlet nor outlet.	33383

(11) "In operation" in reference to a vessel means that the	33384
vessel is being navigated or otherwise used on the waters in this	33385
state.	33386

(12) "Sewage" means human body wastes and the wastes from	33387
toilets and other receptacles intended to receive or retain body	33388
waste.	33389

(13) "Canoe" means a narrow vessel of shallow draft, pointed	33390
at both ends and propelled by human muscular effort, and includes	33391
kayaks, racing shells, and rowing sculls.	33392

(14) "Coast guard approved" means bearing an approval number	33393
assigned by the United States coast guard.	33394

(15) "Type one personal flotation device" means a device that	33395
is designed to turn an unconscious person floating in water from a	33396
face downward position to a vertical or slightly face upward	33397
position and that has at least nine kilograms, approximately	33398
twenty pounds, of buoyancy.	33399

(16) "Type two personal flotation device" means a device that	33400
is designed to turn an unconscious person in the water from a face	33401
downward position to a vertical or slightly face upward position	33402
and that has at least seven kilograms, approximately fifteen and	33403
four-tenths pounds, of buoyancy.	33404

(17) "Type three personal flotation device" means a device	33405
that is designed to keep a conscious person in a vertical or	33406
slightly face upward position and that has at least seven	33407
kilograms, approximately fifteen and four-tenths pounds, of	33408
buoyancy.	33409

(18) "Type four personal flotation device" means a device	33410
that is designed to be thrown to a person in the water and not	33411
worn and that has at least seven and five-tenths kilograms,	33412
approximately sixteen and five-tenths pounds, of buoyancy.	33413

(19) "Type five personal flotation device" means a device	33414
that, unlike other personal flotation devices, has limitations on	33415
its approval by the United States coast guard, including, without	33416
limitation, all of the following:	33417

(a) The approval label on the type five personal flotation	33418
device indicates that the device is approved for the activity in	33419
which the vessel is being used or as a substitute for a personal	33420
flotation device of the type required on the vessel in use.	33421

(b) The personal flotation device is used in accordance with	33422
any requirements on the approval label.	33423

(c) The personal flotation device is used in accordance with	33424
requirements in its owner's manual if the approval label refers to	33425
such a manual.	33426

(20) "Inflatable watercraft" means any vessel constructed of	33427
rubber, canvas, or other material that is designed to be inflated	33428
with any gaseous substance, constructed with two or more air	33429
cells, and operated as a vessel. Inflatable watercraft propelled	33430
by a motor shall be classified as powercraft and shall be	33431
registered by length. Inflatable watercraft propelled by a sail	33432
shall be classified as a sailboat and shall be registered by	33433
length.	33434

(21) "Idle speed" means the slowest possible speed needed to	33435
maintain steerage or maneuverability.	33436

(22) "Diver's flag" means a red flag not less than one foot	33437
square having a diagonal white stripe extending from the masthead	33438
to the opposite lower corner that when displayed indicates that	33439
divers are in the water.	33440

(23) "Muffler" means an acoustical suppression device or	33441
system that is designed and installed to abate the sound of	33442
exhaust gases emitted from an internal combustion engine and that	33443
prevents excessive or unusual noise.	33444

(24) "Law enforcement vessel" means any vessel used in law	33445
enforcement and under the command of a law enforcement officer.	33446

(25) "Personal watercraft" means a vessel, less than sixteen	33447
feet in length, that is propelled by machinery and designed to be	33448
operated by an individual sitting, standing, or kneeling on the	33449
vessel rather than by an individual sitting or standing inside the	33450
vessel.	33451

(26) "No wake" has the same meaning as "idle speed."

33452

(27) "Watercraft dealer" means any person who is regularly	33453
engaged in the business of manufacturing, selling, displaying,	33454
offering for sale, or dealing in vessels at an established place	33455
of business. "Watercraft dealer" does not include a person who is	33456
a marine salvage dealer or any other person who dismantles,	33457
salvages, or rebuilds vessels using used parts.	33458

(28) "Electronic" includes electrical, digital, magnetic,	33459
optical, electromagnetic, or any other form of technology that	33460
entails capabilities similar to these technologies.	33461

(29) "Electronic record" means a record generated,	33462
communicated, received, or stored by electronic means for use in	33463
an information system or for transmission from one information	33464
system to another.	33465

(30) "Electronic signature" means a signature in electronic	33466
form attached to or logically associated with an electronic	33467
record.	33468

(31) "Drug of abuse" has the same meaning as in section	33469
4506.01 of the Revised Code.	33470

~~(C) Unless otherwise provided, this chapter applies to all~~	33471
~~vessels operating on the waters in this state. Nothing in this~~	33472
~~chapter shall be construed in contravention of any valid federal~~	33473
~~act or regulation, but is in addition to the act or regulation~~	33474
~~where not inconsistent.~~	33475

~~The state reserves to itself the exclusive right to regulate~~	33476
~~the minimum equipment requirements of watercraft and vessels~~	33477
~~operated on the waters in this state.~~	33478

(32) "Watercourse" means a substantially natural channel with	33479
recognized banks and bottom in which a flow of water occurs, with	33480
an average of at least ten feet mean surface water width and at	33481
least five miles of length.	33482

(33) "Impoundment" means the reservoir created by a dam or	33483
other artificial barrier across a watercourse that causes water to	33484
be stored deeper than and generally beyond the banks of the	33485
natural channel of the watercourse during periods of normal flow,	33486
but does not include water stored behind rock piles, rock riffle	33487
dams, and low channel dams where the depth of water is less than	33488
ten feet above the channel bottom and is essentially confined	33489
within the banks of the natural channel during periods of normal	33490
stream flow.	33491

(34) "Wild river area" means an area declared a wild river	33492
area by the director of natural resources under this chapter and	33493
includes those rivers or sections of rivers that are free of	33494
impoundments and generally inaccessible except by trail, with	33495
watersheds or shorelines essentially primitive and waters	33496
unpolluted, representing vestiges of primitive America.	33497

(35) "Scenic river area" means an area declared a scenic	33498
river area by the director under this chapter and includes those	33499
rivers or sections of rivers that are free of impoundments, with	33500
shorelines or watersheds still largely primitive and shorelines	33501
largely undeveloped, but accessible in places by roads.	33502

(36) "Recreational river area" means an area declared a	33503
recreational river area by the director under this chapter and	33504
includes those rivers or sections of rivers that are readily	33505
accessible by road or railroad, that may have some development	33506
along their shorelines, and that may have undergone some	33507
impoundment or diversion in the past.	33508

Sec. 1547.02. Unless otherwise provided, this chapter applies	33509
to all vessels operating on the waters in this state. Nothing in	33510
this chapter shall be construed in contravention of any valid	33511
federal act or regulation, but is in addition to the act or	33512
regulation where not inconsistent.	33513

The state reserves to itself the exclusive right to regulate	33514
the minimum equipment requirements of watercraft and vessels	33515
operated on the waters in this state.	33516

Sec. 1547.51. There is hereby created within the department	33517
of natural resources the division of watercraft. The division	33518
shall ~~administer~~do all of the following:	33519

(A) Administer and enforce all laws relative to the	33520
identification, numbering, registration, titling, use, and	33521
operation of vessels operated on the waters in this state ~~and,~~	33522
~~with the approval of the director of natural resources, educate~~;	33523

(B) Educate and inform the citizens of the state about, and	33524
promote, conservation, navigation, safety practices, and the	33525
benefits of recreational boating;	33526

(C) Provide wild, scenic, and recreational river area	33527
conservation education and provide for corridor protection,	33528
restoration, habitat enhancement, and clean-up projects in wild	33529
river areas, scenic river areas, and recreational river areas;	33530

(D) Provide for and assist in the development, maintenance,	33531
and operation of marine recreational facilities, docks, launching	33532
facilities, and harbors for the benefit of public navigation,	33533
recreation, or commerce if the chief of the division of watercraft	33534
determines that they are in the best interests of the state.	33535

Sec. 1547.52. (A) The division of watercraft shall be	33536
administered by the chief of the division of watercraft. The chief	33537
may adopt, amend, and rescind:	33538

(1) Rules considered necessary by the chief to supplement the	33539
identification, operation, titling, use, registration, and	33540
numbering of watercraft or vessels as provided in this chapter and	33541
Chapter 1548. of the Revised Code;	33542

(2) Rules governing the navigation of vessels on waters in	33543
this state, including, but not limited to, rules regarding	33544
steering and sailing, the conduct of vessels in sight of one	33545
another or in restricted visibility, lights and shapes of lights	33546
used on vessels, and sound and light signals. As the chief	33547
considers necessary, these navigational rules shall be consistent	33548
with and equivalent to the regulations and interpretive rulings	33549
governing inland waters adopted or issued under the "Inland	33550
Navigational Rules Act of 1980," 94 Stat. 3415, 33 U.S.C.A. 151,	33551
1604, 1605, 1608, 2001 to 2008, and 2071 to 2073.	33552

(3) Rules governing the use, visitation, protection, and	33553
administration of wild river areas, scenic river areas, and	33554
recreational river areas;	33555

(4) Rules establishing fees and charges for all of the	33556
following:	33557

(a) Boating skill development classes and other educational	33558
classes;	33559

(b) Law enforcement services provided at special events when	33560
the services are in addition to normal enforcement duties;	33561

(c) Inspections of vessels or motors conducted under this	33562
chapter or Chapter 1548. of the Revised Code;	33563

(d) The conducting of stream impact reviews of any planned or	33564
proposed construction, modification, renovation, or development	33565
project that may potentially impact a watercourse within a	33566
designated wild, scenic, or recreational river area.	33567

All rules adopted by the chief under division (A) of this	33568
section shall be adopted in accordance with Chapter 119. of the	33569
Revised Code and are subject to the prior approval of the director	33570
of natural resources.	33571

(B) The chief, with the approval of the director, may employ	33572
such clerical and technical help as the chief considers necessary.	33573

(C) The chief may designate license agents with the approval	33574
of the director.	33575

(D) The division is hereby designated as the agency to	33576
administer the Ohio boating safety program and allocated federal	33577
funds under, and the chief shall prepare and submit reports in	33578
such form as may be required by, the "Federal Boat Safety Act of	33579
1971," 85 Stat. 222, 46 U.S.C.A. 1475(a)(6), as amended.	33580

(E) The chief may sell any of the following:

33581

(1) Items related to or that promote boating safety,	33582
including, but not limited to, pins, badges, books, bulletins,	33583
maps, publications, calendars, and other educational articles;	33584

(2) Artifacts pertaining to boating;

33585

(3) Confiscated or forfeited items;

33586

(4) Surplus equipment.

33587

Sec. 1547.531. (A)(1) Except as provided in division (A)(2)	33588
or (B) of this section, no person shall operate or give permission	33589
for the operation of any watercraft on the waters in this state	33590
unless the watercraft is registered in the name of the current	33591
owner in accordance with section 1547.54 of the Revised Code, and	33592
the registration is valid and in effect.	33593

(2) On and after January 1, 1999, if a watercraft that is	33594
required to be issued a certificate of title under Chapter 1548.	33595
of the Revised Code is transferred to a new owner, it need not be	33596
registered under section 1547.54 of the Revised Code for	33597
forty-five days following the date of the transfer, provided that	33598
the new owner purchases a temporary watercraft registration under	33599
division (A) of this section or holds a bill of sale from a	33600
watercraft dealer.	33601

For the purposes of division (A)(2) of this section, a	33602
temporary watercraft registration or a bill of sale from a	33603
watercraft dealer shall contain at least all of the following	33604
information:	33605

(a) The hull identification number or serial number of the	33606
watercraft;	33607

(b) The make of the watercraft;

33608

33609

(d) The type of propulsion, if any;

33610

(e) The state in which the watercraft principally is	33611
operated;	33612

(f) The name of the owner;

33613

(g) The address of the owner, including the zip code;

33614

(h) The signature of the owner;

33615

(i) The date of purchase;

33616

(j) A notice to the owner that the temporary watercraft	33617
registration expires forty-five days after the date of purchase of	33618
the watercraft or that the watercraft cannot be operated on the	33619
waters in this state solely under the bill of sale beginning	33620
forty-five days after the date of purchase of the watercraft, as	33621
applicable.	33622

(3) A person may purchase a temporary watercraft registration	33623
from the chief of the division of watercraft or from an authorized	33624
agent designated under section 1547.54 of the Revised Code. The	33625
chief shall furnish forms for temporary watercraft registrations	33626
to authorized agents. In addition to completing the registration	33627
form with the information specified in divisions (A)(2)(a) to (i)	33628
of this section, the person shall pay one of the applicable fees	33629
required under divisions (A)(2)(a) to (g) of section 1547.54 of	33630
the Revised Code as provided in that section.	33631

Moneys received for the payment of temporary watercraft	33632
registrations shall be deposited to the credit of the waterways	33633
safety fund created in section 1547.75 of the Revised Code.	33634

(4) In addition to the applicable fee required under division	33635
(A)(3) of this section, the chief or an authorized agent shall	33636
charge an additional writing fee of three dollars for a temporary	33637
watercraft registration that the chief or the authorized agent	33638
issues. When the temporary watercraft registration is issued by	33639
an authorized agent, the agent may retain the additional writing	33640
fee. When the temporary watercraft registration is issued by the	33641
chief, the additional writing fee shall be deposited to the credit	33642
of the waterways safety fund.	33643

(5) A person who purchases a temporary watercraft	33644
registration for a watercraft and who subsequently applies for a	33645
registration certificate under section 1547.54 of the Revised Code	33646
need not pay the fee required under division (A)(2) of that	33647
section for the initial registration certificate issued for that	33648
watercraft, provided that at the time of application for the	33649
registration certificate, the person furnishes proof of payment	33650
for the temporary watercraft registration.	33651

(6) A person who purchases a temporary watercraft	33652
registration, who subsequently applies for a registration	33653
certificate under section 1547.54 of the Revised Code, and who is	33654
exempt from payment for the registration certificate under	33655
division ~~(O)~~(P) of that section may apply to the chief for a	33656
refund of the amount paid for the temporary watercraft	33657
registration at the time that the person applies for a	33658
registration certificate. The chief shall refund that amount upon	33659
issuance to the person of a registration certificate.	33660

(7) All records of the division of watercraft made or	33661
maintained for the purposes of divisions (A)(2) to (8) of this	33662
section are public records. The records shall be available for	33663
inspection at reasonable hours and in a manner that is compatible	33664
with normal operations of the division.	33665

(8) Pursuant to division (A)(1) of section 1547.52 of the	33666
Revised Code, the chief may adopt rules establishing all of the	33667
following:	33668

(a) Record-keeping requirements governing the issuance of	33669
temporary watercraft registrations and the use of bills of sale	33670
from watercraft dealers for the purposes of division (A)(2) of	33671
this section;	33672

(b) Procedures and requirements for the refund of fees under	33673
division (A)(6) of this section;	33674

(c) Any other procedures and requirements necessary for the	33675
administration and enforcement of divisions (A)(2) to (8) of this	33676
section.	33677

(B) All of the following watercraft are exempt from	33678
registration:	33679

(1) Those that are exempt from numbering by the state under	33680
divisions (B) to (G) of section 1547.53 of the Revised Code;	33681

(2) Those that have been issued a commercial documentation by	33682
the United States coast guard or its successor and are used	33683
exclusively for commercial purposes;	33684

(3) Those that have been documented by the United States	33685
coast guard or its successor as temporarily transitting, whose	33686
principal use is not on the waters in this state, and that have	33687
not been used within this state for more than sixty days.	33688

(C) No person shall operate a watercraft documented by the	33689
United States coast guard or its successor unless the certificate	33690
of documentation is valid, is on the watercraft for which it has	33691
been issued, and is available for inspection whenever the	33692
watercraft is in operation. In accordance with 46 C.F.R. part 67,	33693
as amended, the watercraft shall display the official number, the	33694
vessel name, and the home port listed on the certificate of	33695
documentation.	33696

(D)(1) For the purposes of this section and section 1547.53	33697
of the Revised Code, a watercraft is principally using the waters	33698
in this state if any of the following applies:	33699

(a) The owner resides in this state and declares that the	33700
watercraft principally is using the waters in this state.	33701

(b) The owner resides in another state, but declares that the	33702
watercraft principally is using the waters in this state.	33703

(c) The watercraft is registered in another state or	33704
documented by the United States coast guard and is used within	33705
this state for more than sixty days regardless of whether it has	33706
been assigned a seasonal or permanent mooring at any public or	33707
private docking facility in this state.	33708

(2) Notwithstanding division (D)(1)(c) of this section, a	33709
person on active duty in the armed forces of the United States may	33710
register a watercraft in the person's state of permanent residence	33711
in lieu of registering it in this state regardless of the number	33712
of days that the watercraft is used in this state.	33713

Sec. 1547.54. (A)(1) Except as otherwise provided in section	33714
1547.542 of the Revised Code, the owner of every watercraft	33715
requiring registration under this chapter shall file an	33716
application for a triennial registration certificate with the	33717
chief of the division of watercraft on forms that shall be	33718
provided by the chief or by an electronic means approved by the	33719
chief. The application shall be signed by the following:	33720

(a) If the watercraft is owned by two persons under joint	33721
ownership with right of survivorship established under section	33722
2131.12 of the Revised Code, by both of those persons as owners of	33723
the watercraft. The signatures may be done by electronic signature	33724
if the owners themselves are renewing the registration and there	33725
are no changes in the registration information since the issuance	33726
of the immediately preceding registration certificate. In all	33727
other instances, the signatures shall be done manually.	33728

(b) If the watercraft is owned by a minor, by the minor and a	33729
parent or legal guardian. The signatures may be done by electronic	33730
signature if the parent or legal guardian and the minor themselves	33731
are renewing the registration and there are no changes in the	33732
registration information since the issuance of the immediately	33733
preceding registration certificate. In all other instances, the	33734
signatures shall be done manually.	33735

(c) In all other cases, by the owner of the watercraft. The	33736
signature may be done by electronic signature if the owner is	33737
renewing the registration personally and there are no changes in	33738
the registration information since the issuance of the immediately	33739
preceding registration certificate. In all other instances, the	33740
signatures shall be done manually.	33741

(2) An application for a triennial registration of a	33742
watercraft filed under division (A)(1) of this section shall be	33743
accompanied by the following fee:	33744

(a) For canoes, rowboats, and inflatable watercraft that are	33745
numbered under section 1547.53 of the Revised Code, twelve	33746
dollars;	33747

(b) For canoes, row boats, and inflatable watercraft that are	33748
not numbered under section 1547.53 of the Revised Code, seventeen	33749
dollars;	33750

(c) For class A watercraft, including motorized canoes,	33751
thirty dollars;	33752

(d) For class 1 watercraft, forty-five dollars;

33753

(e) For class 2 watercraft, sixty dollars;

33754

(f) For class 3 watercraft, seventy-five dollars;

33755

(g) For class 4 watercraft, ninety dollars.

33756

(3) For the purpose of registration, any watercraft operated	33757
by means of power, sail, or any other mechanical or electrical	33758
means of propulsion, except motorized canoes, shall be registered	33759
by length as prescribed in this section.	33760

(4) If an application for registration is filed by two	33761
persons as owners under division (A)(1)(a) of this section, the	33762
person who is listed first on the title shall serve as and perform	33763
the duties of the "owner" and shall be considered the person "in	33764
whose name the watercraft is registered" for purposes of divisions	33765
(B) to ~~(Q)~~(R) of this section and for purposes of all other	33766
sections in this chapter.	33767

(B) All registration certificates issued under this section	33768
are valid for three years and are renewable on a triennial basis	33769
unless sooner terminated or discontinued in accordance with this	33770
chapter. The renewal date shall be printed on the registration	33771
certificate. A registration certificate may be renewed by the	33772
owner in the manner prescribed by the chief. All fees shall be	33773
charged according to a proration of the time remaining in the	33774
registration cycle to the nearest year.	33775

(C) In addition to the fees set forth in this section, the	33776
chief, or any authorized agent, shall charge an additional writing	33777
fee of three dollars for any registration certificate the chief or	33778
authorized agent issues. When the registration certificate is	33779
issued by an authorized agent, the additional writing fee of three	33780
dollars shall be retained by the issuing agent. When the	33781
registration certificate is issued by the chief, the additional	33782
writing fee of three dollars shall be deposited to the credit of	33783
the waterways safety fund established in section 1547.75 of the	33784
Revised Code.	33785

(D) In addition to the fees established in this section,	33786
watercraft that are not powercraft shall be charged a waterways	33787
conservation assessment fee of five dollars. The fee shall be	33788
collected at the time of the issuance of a triennial watercraft	33789
registration under division (A)(2) of this section and deposited	33790
in the state treasury and credited to a distinct account in the	33791
waterways safety fund created in section 1547.75 of the Revised	33792
Code.	33793

(E)(1) Upon receipt of the application in approved form, the	33794
chief shall enter the same upon the records of the office of the	33795
division of watercraft, assign a number to the watercraft if a	33796
number is required under section 1547.53 of the Revised Code, and	33797
issue to the applicant a registration certificate. If a number is	33798
assigned by the chief, it shall be set forth on the certificate.	33799
The registration certificate shall be on the watercraft for which	33800
it is issued and available at all times for inspection whenever	33801
the watercraft is in operation, except that livery operators may	33802
retain the registration certificate at the livery where it shall	33803
remain available for inspection at all times and except as	33804
otherwise provided in division ~~(D)~~(E)(2) of this section.	33805

(2) A person who is operating on the waters of this state a	33806
canoe, rowboat, or inflatable watercraft that has not been	33807
numbered under section 1547.53 of the Revised Code and who is	33808
stopped by a law enforcement officer in the enforcement of this	33809
chapter or rules adopted under it shall present to the officer,	33810
not later than seventy-two hours after being stopped, a	33811
registration certificate. The registration certificate shall have	33812
been obtained under this section for the canoe, rowboat, or	33813
inflatable watercraft prior to the time that it was stopped.	33814
Failure of the person to present the registration certificate	33815
within seventy-two hours constitutes prima-facie evidence of a	33816
violation of this section.	33817

~~(E)~~(F) No person shall issue or be issued a registration	33818
certificate for a watercraft that is required to be issued a	33819
certificate of title under Chapter 1548. of the Revised Code	33820
except upon presentation of a certificate of title for the	33821
watercraft as provided in that chapter, proof of current	33822
documentation by the United States coast guard, a renewal	33823
registration form provided by the division of watercraft, or a	33824
certificate of registration issued under this section that has	33825
expired if there is no change in the ownership or description of	33826
the watercraft.	33827

~~(F)~~(G) Whenever the ownership of a watercraft changes, a new	33828
application form together with the prescribed fee shall be filed	33829
with the chief or the chief's agent and a new registration	33830
certificate shall be issued. The application shall be signed	33831
manually by the person or persons specified in divisions (A)(1)(a)	33832
to (c) of this section and shall be accompanied by a two-dollar	33833
transfer fee. Any remaining time on the registration shall be	33834
transferred. An authorized agent of the chief shall charge an	33835
additional writing fee of three dollars, which shall be retained	33836
by the issuing agent. If the certificate is issued by the chief,	33837
an additional writing fee of three dollars for each certificate	33838
issued shall be collected and deposited to the credit of the	33839
waterways safety fund.	33840

~~(G)~~(H) If an agency of the United States has in force an	33841
overall system of identification numbering for watercraft or	33842
certain types of watercraft within the United States, the	33843
numbering system employed by the division shall be in conformity	33844
with that system.	33845

~~(H)~~(I)(1) The chief may assign any registration certificates	33846
to any authorized agent for the assignment of the registration	33847
certificates. If a person accepts that authorization, the person	33848
may be assigned a block of numbers and certificates that upon	33849
assignment, in conformity with this chapter and Chapter 1548. of	33850
the Revised Code and with rules of the division, shall be valid as	33851
if assigned directly by the division. Any person so designated as	33852
an agent by the chief shall post with the division security as may	33853
be required by the director of natural resources. The chief may	33854
issue an order temporarily or permanently restricting or	33855
suspending an agent's authorization without a hearing if the chief	33856
finds that the agent has violated this chapter or Chapter 1548. of	33857
the Revised Code, rules adopted under them, or any agreements	33858
prescribed by the chief.	33859

(2) A clerk of the court of common pleas may apply for	33860
designation as an authorized agent of the chief. The division	33861
shall accept the clerk's bond that is required under section	33862
2303.02 of the Revised Code for any security that is required for	33863
agents under this division, provided that the bond includes a	33864
rider or other provision specifically covering the clerk's duties	33865
as an authorized agent of the chief.	33866

~~(I)~~(J) All records of the division made or kept pursuant to	33867
this section shall be public records. Those records shall be	33868
available for inspection at reasonable hours and in a manner	33869
compatible with normal operations of the division.	33870

~~(J)~~(K) The owner shall furnish the division notice within	33871
fifteen days of the following:	33872

(1) The transfer, other than through the creation of a	33873
security interest in any watercraft, of all or any part of the	33874
owner's interest or, if the watercraft is owned by two persons	33875
under joint ownership with right of survivorship established under	33876
section 2131.12 of the Revised Code, of all or any part of the	33877
joint interest of either of the two persons. The transfer shall	33878
not terminate the registration certificate.	33879

(2) Any change in the address appearing on the certificate .	33880
As a part of the notification, the owner shall furnish the chief	33881
with the owner's new address.	33882

(3) The destruction or abandonment of the watercraft.

33883

~~(K)~~(L) The chief may issue duplicate registration	33884
certificates or duplicate tags to owners of currently registered	33885
watercraft, the fee for which shall be four dollars.	33886

~~(L)~~(M) If the chief finds that a registration certificate	33887
previously issued to an owner is in error to a degree that would	33888
impair its basic purpose and use, the chief may issue a corrected	33889
certificate to the owner without charge.	33890

~~(M)~~(N) No authorized agent shall issue and no person shall	33891
receive or accept from an authorized agent a registration	33892
certificate assigned to the authorized agent under division ~~(H)~~(I)	33893
of this section unless the exact month, day, and year of issue are	33894
plainly written on the certificate by the agent. Certificates	33895
issued with incorrect dates of issue are void from the time they	33896
are issued.	33897

~~(N)~~(O) The chief, in accordance with Chapter 119. of the	33898
Revised Code, shall adopt rules governing the renewal of	33899
watercraft registrations by electronic means.	33900

~~(O)~~(P) As used in this section:

33901

(1) "Disabled veteran" means a person who is included in	33902
either of the following categories:	33903

(a) Because of a service-connected disability, has been or is	33904
awarded funds for the purchase of a motor vehicle under the	33905
"Disabled Veterans' and Servicemen's Automobile Assistance Act of	33906
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto;	33907

(b) Has a service-connected disability rated at one hundred	33908
per cent by the veterans administration.	33909

(2) "Prisoner of war" means any regularly appointed,	33910
enrolled, enlisted, or inducted member of the military forces of	33911
the United States who was captured, separated, and incarcerated by	33912
an enemy of the United States at any time, and any regularly	33913
appointed, enrolled, or enlisted member of the military forces of	33914
Great Britain, France, Australia, Belgium, Brazil, Canada, China,	33915
Denmark, Greece, the Netherlands, New Zealand, Norway, Poland,	33916
South Africa, or the republics formerly associated with the Union	33917
of Soviet Socialist Republics or Yugoslavia who was a citizen of	33918
the United States at the time of the appointment, enrollment, or	33919
enlistment, and was captured, separated, and incarcerated by an	33920
enemy of this country during World War II.	33921

~~(P)~~(Q) Any disabled veteran, congressional medal of honor	33922
awardee, or prisoner of war may apply to the chief for a	33923
certificate of registration, or for a renewal of the certificate	33924
of registration, without the payment of any fee required by this	33925
section. The application for a certificate of registration shall	33926
be accompanied by evidence of disability or by documentary	33927
evidence in support of a congressional medal of honor that the	33928
chief requires by rule. The application for a certificate of	33929
registration by any person who has been a prisoner of war shall be	33930
accompanied by written evidence in the form of a record of	33931
separation, a letter from one of the armed forces of a country	33932
listed in division ~~(O)~~(P)(2) of this section, or other evidence	33933
that the chief may require by rule, that the person was honorably	33934
discharged or is currently residing in this state on active duty	33935
with one of the branches of the armed forces of the United States,	33936
or was a prisoner of war and was honorably discharged or received	33937
an equivalent discharge or release from one of the armed forces of	33938
a country listed in division ~~(O)~~(P)(2) of this section.	33939

~~(Q)~~(R) Annually by the fifteenth day of January, the director	33940
of natural resources shall determine the amount of fees that would	33941
have been collected in the prior calendar year for each	33942
certificate of registration issued or renewed pursuant to division	33943
~~(P)~~(Q) of this section and shall certify the total amount of	33944
foregone revenue to the director of budget and management for	33945
reimbursement. The director of budget and management shall	33946
transfer the amount certified from the general revenue fund to the	33947
waterways safety fund ~~created pursuant to section 1547.75 of the~~	33948
~~Revised Code~~.	33949

Sec. 1547.542. Any person or organization owning any number	33950
of canoes, rowboats, inflatable watercraft, or sailboats for the	33951
purpose of rental to the public may apply with the chief of the	33952
division of watercraft for and receive an annual certificate of	33953
livery registration. No watercraft shall be rented to the public	33954
from a livery or other place of business in this state unless it	33955
first has been numbered and registered in accordance with this	33956
section or section 1547.54 of the Revised Code. Certificates of	33957
livery registration shall be issued by an authorized agent who is	33958
selected by the chief from among those designated under section	33959
1547.54 of the Revised Code. The certificate shall display the	33960
name of the owner of the livery, the date of issuance, the date of	33961
expiration, the number of watercraft registered, the fee paid, an	33962
authorized facsimile of the signature of the chief provided by the	33963
authorized agent who is selected to issue the certificate, and the	33964
signature of the livery owner. The certificate shall bear the	33965
livery watercraft registration number assigned to the livery	33966
owner, which shall be displayed in accordance with section 1547.57	33967
of the Revised Code on each watercraft in the fleet for which the	33968
certificate was issued. The owner of a livery shall obtain an	33969
amended certificate of livery registration from the chief whenever	33970
the composition of the fleet changes.	33971

The fee for each watercraft registered under this section	33972
shall be an annual registration fee. The fee shall be one-third of	33973
the triennial registration fees prescribed in section 1547.54 of	33974
the Revised Code. However, if the size of the fleet does not	33975
increase, the fee for an amended certificate of livery	33976
registration shall be the fee prescribed for issuing a duplicate	33977
registration certificate under section 1547.54 of the Revised	33978
Code, and the chief shall not refund to the livery owner all or	33979
any portion of an annual registration fee applicable to a	33980
watercraft transferred or abandoned by the livery owner. If the	33981
size of the fleet increases, the livery owner shall be required to	33982
pay the applicable annual registration fee for each watercraft	33983
registered under an amended certificate of livery registration	33984
that is in excess of the number of watercraft contained in the	33985
annual certificate of livery registration.	33986

In addition to the fees established in this section,	33987
watercraft that are not powercraft shall be charged a waterways	33988
conservation assessment fee. The fee shall be collected at the	33989
time of the issuance of an annual livery registration under this	33990
section and shall be one dollar and fifty cents for each	33991
watercraft included in the registration. The fee shall be	33992
deposited in the state treasury and credited to a distinct account	33993
in the waterways safety fund created in section 1547.75 of the	33994
Revised Code.	33995

The certificate of livery registration, rental receipts, and	33996
required safety equipment are subject to inspection at any time at	33997
the livery's place of business by any authorized representative of	33998
the division of watercraft or any law enforcement officer in	33999
accordance with section 1547.63 of the Revised Code.	34000

Except as provided in this section, all watercraft registered	34001
under this section are subject to this chapter and Chapter 1548.	34002
of the Revised Code.	34003

The chief may issue an order temporarily or permanently	34004
restricting or suspending a livery certificate of registration and	34005
the privileges associated with it without a hearing if the chief	34006
finds that the holder of the certificate has violated this	34007
chapter.	34008

Sec. 1547.73. There is hereby created in the division of	34009
watercraft, a waterways safety council composed of five members	34010
appointed by the governor with the advice and consent of the	34011
senate. Not more than three of such appointees shall belong to the	34012
same political party. Terms of office shall be for five years,	34013
commencing on the first day of February and ending on the	34014
thirty-first day of January~~, except that upon expiration of the~~	34015
~~term ending February 4, 1973, the new term which succeeds it shall~~	34016
~~commence on February 5, 1973 and end on January 31, 1978; upon~~	34017
~~expiration of the term ending February 3, 1974, the new term which~~	34018
~~succeeds it shall commence on February 4, 1974 and end on January~~	34019
~~31, 1979; upon expiration of the term ending February 2, 1975, the~~	34020
~~new term which succeeds it shall commence on February 3, 1975 and~~	34021
~~end on January 31, 1980; and upon expiration of the term ending~~	34022
~~February 6, 1977, the new term which succeeds it shall commence on~~	34023
~~February 7, 1977 and end on January 31, 1982~~. Each member shall	34024
hold office from the date of ~~his~~ appointment until the end of the	34025
term for which hethe member was appointed. The chief of the	34026
division of watercraft shall act as secretary of the council. In	34027
the event of the death, removal, resignation, or incapacity of a	34028
member of the council, the governor, with the advice and consent	34029
of the senate, shall appoint a successor to fill the unexpired	34030
term who shall hold office for the remainder of the term for which	34031
~~his~~the member's predecessor was appointed. Any member shall	34032
continue in office subsequent to the expiration date of ~~his~~the	34033
member's term until ~~his~~the member's successor takes office, or	34034
until a period of sixty days has elapsed, whichever occurs first.	34035
The governor may remove any appointed member of the council for	34036
misfeasance, nonfeasance, or malfeasance in office.	34037

The council may:

34038

(A) Advise with and recommend to the chief as to plans and	34039
~~program~~programs for the construction, maintenance, repair, and	34040
operation of refuge harbors and other projects for the harboring,	34041
mooring, docking, and storing of light draft vessels as provided	34042
in sections 1547.71, 1547.72, and 1547.78 of the Revised Code;	34043

(B) Advise with and recommend to the chief as to the methods	34044
of coordinating the shore erosion projects of the department of	34045
natural resources with the refuge of light draft vessel harbor	34046
projects;	34047

(C) Advise with and recommend to the chief as to plans and	34048
programs for the acquisition, protection, construction,	34049
maintenance, and administration of wild river areas, scenic river	34050
areas, and recreational river areas;	34051

(D) Consider and make recommendations upon any matter which	34052
is brought to its attention by any person or ~~which~~that the chief	34053
may submit to it;	34054

~~(D)~~(E) Submit to the governor biennially recommendations for	34055
amendments to the laws of the state relative to refuge and light	34056
draft vessel harbor projects.	34057

Before entering upon the discharge of ~~his~~official duties,	34058
each member of the council shall take and subscribe to an oath of	34059
office, which oath, in writing, shall be filed in the office of	34060
the secretary of state.	34061

The members of the council shall serve without compensation,	34062
but shall be entitled to receive their actual and necessary	34063
expenses incurred in the performance of their official duties from	34064
the waterways safety fund as provided in section 1547.75 of the	34065
Revised Code.	34066

The council shall, by a majority vote of all its members,	34067
adopt and amend bylaws.	34068

To be eligible for appointment as a member of the council, a	34069
person shall be a citizen of the United States,and an elector of	34070
the state, and possess a knowledge of and have an interest in	34071
small boat operations.	34072

The council shall hold at least four regular quarterly	34073
meetings each year. Special meetings shall be held at such times	34074
as the bylaws of the council provide, or at the behest of a	34075
majority of its members. Notices of all meetings shall be given in	34076
such manner as the bylaws provide. The council shall choose	34077
annually from among its members a ~~chairman~~chairperson to preside	34078
over its meetings. A majority of the members of the council shall	34079
constitute a quorum. No advice shall be given or recommendation	34080
made without a majority of the members of the council concurring	34081
therein.	34082

~~Sec. 1517.14.~~ Sec. 1547.81. ~~As used in sections 1517.14 to 1517.18~~	34083
~~of the Revised Code, "watercourse" means a substantially natural~~	34084
~~channel with recognized banks and bottom, in which a flow of~~	34085
~~water occurs, with an average of at least ten feet mean surface~~	34086
~~water width and at least five miles of length.~~ The director of	34087
natural resources or the director's representative may create,	34088
supervise, operate, protect, and maintain wild, scenic, and	34089
recreational river areas ~~under the classifications established in~~	34090
~~section 1517.15 of the Revised Code~~. In creating wild, scenic, and	34091
recreational river areas, the director shall classify each such	34092
area as either a wild river area, a scenic river area, or a	34093
recreational river area. The director or the director's	34094
representative may prepare and maintain a plan for the	34095
establishment, development, use, and administration of those	34096
areas as a part of the comprehensive state plans for water	34097
management and outdoor recreation. The director or the director's	34098
representative may cooperate with federal agencies administering	34099
any federal program concerning wild, scenic, or recreational river	34100
areas.	34101

The director may propose for establishment as a wild, scenic,	34102
or recreational river area a part or parts of any watercourse in	34103
this state, with adjacent lands, that in the director's judgment	34104
possesses water conservation, scenic, fish, wildlife, historic, or	34105
outdoor recreation values that should be preserved~~, using the~~	34106
~~classifications established in section 1517.15 of the Revised~~	34107
~~Code~~. The area shall include lands adjacent to the watercourse in	34108
sufficient width to preserve, protect, and develop the natural	34109
character of the watercourse, but shall not include any lands more	34110
than one thousand feet from the normal waterlines of the	34111
watercourse unless an additional width is necessary to preserve	34112
water conservation, scenic, fish, wildlife, historic, or outdoor	34113
recreation values.	34114

The director shall publish the intention to declare an area a	34115
wild, scenic, or recreational river area at least once in a	34116
newspaper of general circulation in each county, any part of which	34117
is within the area, and shall send written notice of the intention	34118
to the legislative authority of each county, township, and	34119
municipal corporation and to each conservancy district established	34120
under Chapter 6101. of the Revised Code, any part of which is	34121
within the area, and to the director of transportation, the	34122
director of development, the director of administrative services,	34123
and the director of environmental protection. The notices shall	34124
include a copy of a map and description of the area.	34125

After thirty days from the last date of publication or	34126
dispatch of written notice as required in this section, the	34127
director shall enter a declaration in the director's journal that	34128
the area is a wild river area, scenic river area, or recreational	34129
river area. When so entered, the area is a wild, scenic, or	34130
recreational river area, as applicable. The director, after	34131
thirty days' notice as prescribed in this section and upon the	34132
approval of the recreation and resources commission created in	34133
section 1501.04 of the Revised Code, may terminate the status of	34134
an area as a wild river area, scenic river area, or recreational	34135
river area by an entry in the director's journal.	34136

Declaration by the director that an area is a wild, scenic,	34137
or recreational river area does not authorize the director or any	34138
governmental agency or political subdivision to restrict the use	34139
of land by the owner thereof or any person acting under the	34140
landowner's authority or to enter upon the land and does not	34141
expand or abridge the regulatory authority of any governmental	34142
agency or political subdivision over the area.	34143

The director may enter into a lease or other agreement with a	34144
political subdivision to administer all or part of a wild, scenic,	34145
or recreational river area and may acquire real property or any	34146
estate, right, or interest therein in order to provide for the	34147
protection and public recreational use of a wild, scenic, or	34148
recreational river area.	34149

The chief of the division of ~~natural areas and preserves~~	34150
watercraft or the chief's representative may participate in	34151
watershed-wide planning with federal, state, and local agencies in	34152
order to protect the values of wild, scenic, and recreational	34153
river areas.	34154

~~Sec. 1517.16.~~ Sec. 1547.82. No state department, state agency, or	34155
political subdivision shall build or enlarge any highway, road, or	34156
structure or modify or cause the modification of the channel of	34157
any watercourse within a wild, scenic, or recreational river area	34158
outside the limits of a municipal corporation without first having	34159
obtained approval of the plans for the highway, road, or structure	34160
or channel modification from the director of natural resources or	34161
~~his~~the director's representative. The court of common pleas	34162
having jurisdiction, upon petition by the director, shall enjoin	34163
work on any highway, road, or structure or channel modification	34164
for which such approval has not been obtained.	34165

~~Sec. 1517.17.~~ Sec. 1547.83. The chief of the division of ~~natural~~	34166
~~areas and preserves~~watercraft shall administer the state	34167
programs for wild river areas, scenic river areas, and	34168
recreational river areas. The chief may accept and administer	34169
state and federal financial assistance ~~programs~~ for the	34170
maintenance, protection, and administration of wild, scenic, and	34171
recreational river areas and for construction of facilities	34172
within those areas. The chief, with the approval of the director	34173
of natural resources, may expend for the purpose of administering	34174
the state programs for wild, scenic, and recreational river areas	34175
money that is appropriated by the general assembly for that	34176
purpose, money that is in the scenic rivers protection fund	34177
created in section 4501.24 of the Revised Code, and money that is	34178
in the waterways safety fund created in section 1547.75 of the	34179
Revised Code, including money generated by the waterways	34180
conservation assessment fee levied by sections 1547.54 and	34181
1547.542 of the Revised Code, as determined to be necessary by the	34182
division of watercraft not to exceed six hundred fifty thousand	34183
dollars per fiscal year. The chief may condition any expenditures,	34184
maintenance activities, or construction of facilities on the	34185
adoption and enforcement of adequate floodplain zoning or land	34186
use rules.	34187

~~The director of natural resources may make a lease or~~	34188
~~agreement with a political subdivision to administer all or part~~	34189
~~of a wild, scenic, or recreational river area.~~	34190

~~The director may acquire real property or any estate, right,~~	34191
~~or interest therein for protection and public recreational use as~~	34192
~~a wild, scenic, or recreational river area.~~	34193

~~The chief may expend funds for the acquisition, protection,~~	34194
~~construction, maintenance, and administration of real property and~~	34195
~~public use facilities in wild, scenic, or recreational river areas~~	34196
~~when the funds are so appropriated by the general assembly. The~~	34197
~~chief may condition such expenditures, acquisition of land or~~	34198
~~easements, or construction of facilities within a wild, scenic, or~~	34199
~~recreational river area upon adoption and enforcement of adequate~~	34200
~~floodplain zoning rules.~~	34201

Any instrument by which real property is acquired pursuant to	34202
this section shall identify the agency of the state that has the	34203
use and benefit of the real property as specified in section	34204
5301.012 of the Revised Code.	34205

The chief may cooperate with federal agencies administering	34206
any federal program concerning wild, scenic, or recreational	34207
river areas.	34208

~~Sec. 1517.18.~~ Sec. 1547.84. The director of natural resources	34209
shall appoint an advisory council for each wild, scenic, or	34210
recreational river area, composed of not more than ten persons who	34211
are representative of local government and local organizations and	34212
interests in the vicinity of the wild, scenic, or recreational	34213
river area, who shall serve without compensation. The chief of the	34214
division of ~~natural areas and preserves~~watercraft or ~~his~~the	34215
chief's representative shall serve as an ex officio member of each	34216
council.	34217

~~The terms of all members serving on any advisory council~~	34218
~~under this section on the effective date of this amendment shall~~	34219
~~end on January 31, 1995. The director shall appoint new members to~~	34220
~~serve on each council for terms beginning on February 1, 1995,~~	34221
~~provided that a member serving on a council on the effective date~~	34222
~~of this amendment may be appointed to such a new term.~~ The initial	34223
members appointed to each council shall serve for terms of not	34224
more than three years, with the terms of not more than four	34225
members of any council ending in the same year. Thereafter, terms	34226
of office shall be for three years commencing on the first day of	34227
February and ending on the last day of January.	34228

Each council shall advise the chief on the acquisition of	34229
land and easements and on the lands and waters that should be	34230
included in a wild, scenic, or recreational river area or a	34231
proposed wild, scenic, or recreational river area, facilities	34232
therein, and other aspects of establishment and administration of	34233
the area that may affect the local interest.	34234

Sec. 1547.85. The director of natural resources may	34235
participate in the federal program for the protection of certain	34236
selected rivers that are located within the boundaries of the	34237
state as provided in the "Wild and Scenic Rivers Act," 82 Stat.	34238
906 (1968), 16 U.S.C. 1271 et seq., as amended. The director may	34239
authorize the chief of the division of watercraft to participate	34240
in any other federal program established for the purpose of	34241
protecting, conserving, or developing recreational access to	34242
waters in this state that possess outstanding scenic,	34243
recreational, geologic, fish and wildlife, historic, cultural, or	34244
other similar values.	34245

Sec. 1547.86. Any action taken by the chief of the division	34246
of watercraft under sections 1547.81 to 1547.87 of the Revised	34247
Code shall not be deemed in conflict with certain powers and	34248
duties conferred on and delegated to federal agencies and to	34249
municipal corporations under Section 7 of Article XVIII, Ohio	34250
Constitution, or as provided by sections 721.04 to 721.11 of the	34251
Revised Code.	34252

Sec. 1547.87. The division of watercraft, in carrying out	34253
sections 1547.81 to 1547.87 of the Revised Code, may accept,	34254
receive, and expend gifts, devises, or bequests of money, lands,	34255
or other properties under the terms established in section 9.20 of	34256
the Revised Code.	34257

Sec. 1547.99. (A) Whoever violates section 1547.91 of the	34258
Revised Code is guilty of a felony of the fourth degree.	34259

(B) Whoever violates division (F) of section 1547.08, section	34260
1547.10, division (I) of section 1547.111, section 1547.13, or	34261
section 1547.66 of the Revised Code is guilty of a misdemeanor of	34262
the first degree.	34263

(C) Whoever violates a provision of this chapter or a rule	34264
adopted thereunder, for which no penalty is otherwise provided, is	34265
guilty of a minor misdemeanor.	34266

(D) Whoever violates section 1547.07, 1547.132, or 1547.12 of	34267
the Revised Code without causing injury to persons or damage to	34268
property is guilty of a misdemeanor of the fourth degree.	34269

(E) Whoever violates section 1547.07, 1547.132, or 1547.12 of	34270
the Revised Code causing injury to persons or damage to property	34271
is guilty of a misdemeanor of the third degree.	34272

(F) Whoever violates division ~~(M)~~(N) of section 1547.54,	34273
division (G) of section 1547.30, or section 1547.131, 1547.25,	34274
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92	34275
of the Revised Code or a rule adopted under division (A)(2) of	34276
section 1547.52 of the Revised Code is guilty of a misdemeanor of	34277
the fourth degree.	34278

(G) Whoever violates section 1547.11 of the Revised Code is	34279
guilty of a misdemeanor of the first degree and shall be punished	34280
as provided in division (G)(1), (2), or (3) of this section.	34281

(1) Except as otherwise provided in division (G)(2) or (3) of	34282
this section, the court shall sentence the offender to a jail term	34283
of three consecutive days and may sentence the offender pursuant	34284
to section 2929.24 of the Revised Code to a longer jail term. In	34285
addition, the court shall impose upon the offender a fine of not	34286
less than one hundred fifty nor more than one thousand dollars.	34287

The court may suspend the execution of the mandatory jail	34288
term of three consecutive days that it is required to impose by	34289
division (G)(1) of this section if the court, in lieu of the	34290
suspended jail term, places the offender under a community control	34291
sanction pursuant to section 2929.25 of the Revised Code and	34292
requires the offender to attend, for three consecutive days, a	34293
drivers' intervention program that is certified pursuant to	34294
section 3793.10 of the Revised Code. The court also may suspend	34295
the execution of any part of the mandatory jail term of three	34296
consecutive days that it is required to impose by division (G)(1)	34297
of this section if the court places the offender under a community	34298
control sanction pursuant to section 2929.25 of the Revised Code	34299
for part of the three consecutive days; requires the offender to	34300
attend, for that part of the three consecutive days, a drivers'	34301
intervention program that is certified pursuant to section 3793.10	34302
of the Revised Code; and sentences the offender to a jail term	34303
equal to the remainder of the three consecutive days that the	34304
offender does not spend attending the drivers' intervention	34305
program. The court may require the offender, as a condition of	34306
community control, to attend and satisfactorily complete any	34307
treatment or education programs, in addition to the required	34308
attendance at a drivers' intervention program, that the operators	34309
of the drivers' intervention program determine that the offender	34310
should attend and to report periodically to the court on the	34311
offender's progress in the programs. The court also may impose any	34312
other conditions of community control on the offender that it	34313
considers necessary.	34314

(2) If, within six years of the offense, the offender has	34315
been convicted of or pleaded guilty to one violation of section	34316
1547.11 of the Revised Code or one other equivalent offense, the	34317
court shall sentence the offender to a jail term of ten	34318
consecutive days and may sentence the offender pursuant to	34319
section 2929.24 of the Revised Code to a longer jail term. In	34320
addition, the court shall impose upon the offender a fine of not	34321
less than one hundred fifty nor more than one thousand dollars.	34322

In addition to any other sentence that it imposes upon the	34323
offender, the court may require the offender to attend a drivers'	34324
intervention program that is certified pursuant to section 3793.10	34325
of the Revised Code.	34326

(3) If, within six years of the offense, the offender has	34327
been convicted of or pleaded guilty to more than one violation or	34328
offense identified in division (G)(2) of this section, the court	34329
shall sentence the offender to a jail term of thirty consecutive	34330
days and may sentence the offender to a longer jail term of not	34331
more than one year. In addition, the court shall impose upon the	34332
offender a fine of not less than one hundred fifty nor more than	34333
one thousand dollars.	34334

In addition to any other sentence that it imposes upon the	34335
offender, the court may require the offender to attend a drivers'	34336
intervention program that is certified pursuant to section 3793.10	34337
of the Revised Code.	34338

(4) Upon a showing that serving a jail term would seriously	34339
affect the ability of an offender sentenced pursuant to division	34340
(G)(1), (2), or (3) of this section to continue the offender's	34341
employment, the court may authorize that the offender be granted	34342
work release after the offender has served the mandatory jail term	34343
of three, ten, or thirty consecutive days that the court is	34344
required by division (G)(1), (2), or (3) of this section to	34345
impose. No court shall authorize work release during the mandatory	34346
jail term of three, ten, or thirty consecutive days that the court	34347
is required by division (G)(1), (2), or (3) of this section to	34348
impose. The duration of the work release shall not exceed the time	34349
necessary each day for the offender to commute to and from the	34350
place of employment and the place in which the jail term is served	34351
and the time actually spent under employment.	34352

(5) Notwithstanding any section of the Revised Code that	34353
authorizes the suspension of the imposition or execution of a	34354
sentence or the placement of an offender in any treatment program	34355
in lieu of being imprisoned or serving a jail term, no court shall	34356
suspend the mandatory jail term of ten or thirty consecutive days	34357
required to be imposed by division (G)(2) or (3) of this section	34358
or place an offender who is sentenced pursuant to division (G)(2)	34359
or (3) of this section in any treatment program in lieu of being	34360
imprisoned or serving a jail term until after the offender has	34361
served the mandatory jail term of ten or thirty consecutive days	34362
required to be imposed pursuant to division (G)(2) or (3) of this	34363
section. Notwithstanding any section of the Revised Code that	34364
authorizes the suspension of the imposition or execution of a	34365
sentence or the placement of an offender in any treatment program	34366
in lieu of being imprisoned or serving a jail term, no court,	34367
except as specifically authorized by division (G)(1) of this	34368
section, shall suspend the mandatory jail term of three	34369
consecutive days required to be imposed by division (G)(1) of this	34370
section or place an offender who is sentenced pursuant to division	34371
(G)(1) of this section in any treatment program in lieu of	34372
imprisonment until after the offender has served the mandatory	34373
jail term of three consecutive days required to be imposed	34374
pursuant to division (G)(1) of this section.	34375

(6) As used in division (G) of this section:

34376

(a) "Equivalent offense" has the same meaning as in section	34377
4511.181 of the Revised Code.	34378

(b) "Jail term" and "mandatory jail term" have the same	34379
meanings as in section 2929.01 of the Revised Code.	34380

(H) Whoever violates section 1547.304 of the Revised Code is	34381
guilty of a misdemeanor of the fourth degree and also shall be	34382
assessed any costs incurred by the state or a county, township,	34383
municipal corporation, or other political subdivision in disposing	34384
of an abandoned junk vessel or outboard motor, less any money	34385
accruing to the state, county, township, municipal corporation, or	34386
other political subdivision from that disposal.	34387

(I) Whoever violates division (B) or (C) of section 1547.49	34388
of the Revised Code is guilty of a minor misdemeanor.	34389

(J) Whoever violates section 1547.31 of the Revised Code is	34390
guilty of a misdemeanor of the fourth degree on a first offense.	34391
On each subsequent offense, the person is guilty of a misdemeanor	34392
of the third degree.	34393

(K) Whoever violates section 1547.05 or 1547.051 of the	34394
Revised Code is guilty of a misdemeanor of the fourth degree if	34395
the violation is not related to a collision, injury to a person,	34396
or damage to property and a misdemeanor of the third degree if the	34397
violation is related to a collision, injury to a person, or damage	34398
to property.	34399

(L) The sentencing court, in addition to the penalty provided	34400
under this section for a violation of this chapter or a rule	34401
adopted under it that involves a powercraft powered by more than	34402
ten horsepower and that, in the opinion of the court, involves a	34403
threat to the safety of persons or property, shall order the	34404
offender to complete successfully a boating course approved by the	34405
national association of state boating law administrators before	34406
the offender is allowed to operate a powercraft powered by more	34407
than ten horsepower on the waters in this state. Violation of a	34408
court order entered under this division is punishable as contempt	34409
under Chapter 2705. of the Revised Code.	34410

Sec. 1548.10. (A) The clerk of the court of common pleas	34411
shall charge and retain fees as follows:	34412

(1) Fifteen dollars for each duplicate copy of a	34413
certificate of title. The clerk shall retain that entire fee.	34414

(2) Fifteen dollars for each certificate of title, which	34415
shall include any notation or indication of any lien or security	34416
interest on a certificate of title and any memorandum certificate	34417
of title or non-negotiable evidence of ownership requested at the	34418
time the certificate of title is issued. The clerk shall retain	34419
ten dollars and fifty cents of that fee when there is a notation	34420
of a lien or security interest on the certificate of title and	34421
twelve dollars when there is no lien or security interest noted on	34422
the certificate of title.	34423

(3) Five dollars for each certificate of title with no	34424
security interest noted that is issued to a licensed watercraft	34425
dealer for resale purposes. The clerk shall retain two dollars of	34426
that fee.	34427

(4) Five dollars for each memorandum certificate of title or	34428
non-negotiable evidence of ownership that is applied for	34429
separately. The clerk shall retain that entire fee.	34430

(B) The fees charged for a certificate of title and the	34431
notation or indication of any lien or security interest on a	34432
certificate of title that are not retained by the clerk shall be	34433
paid to the chief of the division of watercraft by monthly	34434
returns, which shall be forwarded to the chief not later than the	34435
fifth day of the month next succeeding that in which the	34436
certificate is forwarded, or that in which the chief is notified	34437
of a lien or security interest or cancellation of a lien or	34438
security interest.	34439

The chief shall deposit one dollar of the amount the chief	34440
receives for each certificate of title in the automated title	34441
processing fund created in section 4505.09 of the Revised Code.	34442
Moneys deposited in that fund under this section shall be used for	34443
the purpose specified in division (B)(3)(b) of that section.	34444

Sec. 1707.17. (A)(1) The license of every dealer in and	34445
salesperson of securities shall expire on the thirty-first day of	34446
December of each year, and may be renewed upon the filing with the	34447
division of securities of an application for renewal, and the	34448
payment of the fee prescribed in this section. The division shall	34449
give notice, without unreasonable delay, of its action on any	34450
application for renewal of a dealer's or salesperson's license.	34451

(2) The license of every investment adviser and investment	34452
adviser representative licensed under section 1707.141 or 1707.161	34453
of the Revised Code shall expire on the thirty-first day of	34454
December of each year. The licenses may be renewed upon the	34455
filing with the division of an application for renewal, and the	34456
payment of the fee prescribed in division (B) of this section. The	34457
division shall give notice, without unreasonable delay, of its	34458
action on any application for renewal.	34459

(3) An investment adviser required to make a notice filing	34460
under division (B) of section 1707.141 of the Revised Code	34461
annually shall file with the division the notice filing and the	34462
fee prescribed in division (B) of this section, no later than the	34463
thirty-first day of December of each year.	34464

(4) The license of every state retirement system investment	34465
officer licensed under section 1707.163 of the Revised Code and	34466
the license of a bureau of workers' compensation chief investment	34467
officer issued under section 1707.165 of the Revised Code shall	34468
expire on the thirtieth day of June of each year. The licenses may	34469
be renewed on the filing with the division of an application for	34470
renewal, and the payment of the fee prescribed in division (B) of	34471
this section. The division shall give notice, without unreasonable	34472
delay, of its action on any application for renewal.	34473

(B)(1) The fee for each dealer's license, and for each annual	34474
renewal thereof, shall be ~~one~~two hundred dollars.	34475

(2) The fee for each salesperson's license, and for each	34476
annual renewal thereof, shall be ~~fifty~~sixty dollars.	34477

(3) The fee for each investment adviser's license, and for	34478
each annual renewal thereof, shall be ~~fifty~~one hundred dollars.	34479

(4) The fee for each investment adviser notice filing	34480
required by division (B) of section 1707.141 of the Revised Code	34481
shall be ~~fifty~~one hundred dollars.	34482

(5) The fee for each investment adviser representative's	34483
license, and for each annual renewal thereof, shall be thirty-five	34484
dollars.	34485

(6) The fee for each state retirement system investment	34486
officer's license, and for each annual renewal thereof, shall be	34487
fifty dollars.	34488

(7) The fee for a bureau of workers' compensation chief	34489
investment officer's license, and for each annual renewal thereof,	34490
shall be fifty dollars.	34491

(C) A dealer's, salesperson's, investment adviser's,	34492
investment adviser representative's, bureau of workers'	34493
compensation chief investment officer's, or state retirement	34494
system investment officer's license may be issued at any time for	34495
the remainder of the calendar year. In that event, the annual fee	34496
shall not be reduced.	34497

Sec. 1707.18. (A)(1) If a partnership licensed as a dealer	34498
is terminated under the laws of the state where the partnership is	34499
organized, or by death, resignation, withdrawal, or addition of a	34500
general partner, the license of the partnership shall be	34501
automatically extended for a period of thirty days after the	34502
termination. The license of the partnership and the licenses of	34503
its salespersons may be transferred to the successor partnership	34504
within that period if the division of securities finds that the	34505
successor partnership is substantially similar to its predecessor	34506
partnership, and if an application for transfer of license has	34507
been filed. The fee for such a transfer shall be fifty dollars,	34508
plus ~~ten~~fifteen dollars for every salesperson's license that is	34509
transferred.	34510

(2) If a partnership licensed as an investment adviser is	34511
terminated under the laws of the state where the partnership is	34512
organized, or by death, resignation, withdrawal, or addition of a	34513
general partner, the license of the partnership shall be	34514
automatically extended for a period of thirty days after the	34515
termination. The license of the partnership shall, and the	34516
licenses of its investment adviser representatives may, be	34517
transferred to the successor partnership within that period if the	34518
division finds that the successor partnership is substantially	34519
similar to its predecessor partnership, and if an application for	34520
transfer of license has been filed. The fee for such transfer	34521
shall be fifty dollars, plus ~~ten~~fifteen dollars for every	34522
investment adviser representative's license that is transferred.	34523

(B)(1) If a licensed dealer changes its business form,	34524
reincorporates, or by merger or otherwise becomes a different	34525
person, as person is defined in section 1707.01 of the Revised	34526
Code, upon application the division may transfer the dealer's	34527
license and the licenses of its salespersons to the successor	34528
entity, if the division finds that the successor entity is	34529
substantially similar to the predecessor entity. The fee for such	34530
a transfer shall be fifty dollars plus ~~ten~~fifteen dollars for	34531
every salesperson's license transferred.	34532

(2) If a licensed investment adviser changes its business	34533
form, reincorporates, or by merger or otherwise becomes a	34534
different person, as person is defined in section 1707.01 of the	34535
Revised Code, upon application, the division may transfer the	34536
investment adviser license and the licenses of its investment	34537
adviser representatives to the successor entity, if the division	34538
finds that the successor entity is substantially similar to the	34539
predecessor entity. The fee for the transfer shall be fifty	34540
dollars plus ~~ten~~fifteen dollars for every investment adviser	34541
representative's license transferred.	34542

Sec. 1707.37. (A) All fees and charges collected under	34543
~~Chapter 1707. of the Revised Code~~this chapter shall be paid into	34544
the state treasury to the credit of the division of securities	34545
fund, which is hereby created. All expenses of the division of	34546
securities, other than those specified in division (B) of this	34547
section, shall be paid from the fund.	34548

The fund shall be assessed a proportionate share of the	34549
administrative costs of the department of commerce in accordance	34550
with procedures prescribed by the director of commerce and	34551
approved by the director of budget and management. The	34552
assessments shall be paid from the division of securities fund to	34553
the division of administration fund.	34554

If moneys in the division of securities fund are determined	34555
by the director of budget and management and the director of	34556
commerce to be in excess of those necessary to defray all the	34557
expenses in any fiscal year, the director of budget and management	34558
shall transfer the excess to the general revenue fund.	34559

(B) There is hereby created in the state treasury the	34560
division of securities investor education and enforcement expense	34561
fund, which shall consist of all money received in settlement of	34562
any violation of this chapter and any cash transfers. Money in the	34563
fund shall be used to pay expenses of the division of securities	34564
relating to education or enforcement for the protection of	34565
securities investors and the public. The division may adopt rules	34566
pursuant to section 1707.20 of the Revised Code that establish	34567
what qualifies as such an expense.	34568

Sec. 1710.01. As used in this chapter:

34569

(A) "Special improvement district" means a special	34570
improvement district organized under this chapter.	34571

(B) "Church" means a fellowship of believers, congregation,	34572
society, corporation, convention, or association that is formed	34573
primarily or exclusively for religious purposes and that is not	34574
formed for the private profit of any person.	34575

(C) "Church property" means property that is described as	34576
being exempt from taxation under division (A)(2) of section	34577
5709.07 of the Revised Code and that the county auditor has	34578
entered on the exempt list compiled under section 5713.07 of the	34579
Revised Code.	34580

(D) "Municipal executive" means the mayor, city manager, or	34581
other chief executive officer of the municipal corporation in	34582
which a special improvement district is located.	34583

(E) "Participating political subdivision" means the municipal	34584
corporation or township, or each of the municipal corporations or	34585
townships, that has territory within the boundaries of a special	34586
improvement district created under this chapter.	34587

(F) "Legislative authority of a participating political	34588
subdivision" means, with reference to a township, the board of	34589
township trustees.	34590

(G) "Public improvement" means the planning, design,	34591
construction, reconstruction, enlargement, or alteration of any	34592
facility or improvement, including the acquisition of land, for	34593
which a special assessment may be levied under Chapter 727. of the	34594
Revised Code, and includes any special energy improvement project.	34595

(H) "Public service" means any service that can be provided	34596
by a municipal corporation or any service for which a special	34597
assessment may be levied under Chapter 727. of the Revised Code.	34598

(I) "Special energy improvement project" means any property,	34599
device, structure, or equipment necessary for the acquisition,	34600
installation, equipping, and improvement of any real or personal	34601
property used for the purpose of creating a solar photo voltaic	34602
project or a solar thermal energy project, whether such real or	34603
personal property is publicly or privately owned.	34604

(J) "Existing qualified nonprofit corporation" means a	34605
nonprofit corporation that existed before the creation of the	34606
corresponding district under this chapter, that is composed of	34607
members located within or adjacent to the district, that has	34608
established a police department under section 1702.80 of the	34609
Revised Code, and that is organized for purposes that include	34610
acquisition of real property within an area specified by its	34611
articles for the subsequent transfer of such property to its	34612
members exclusively for charitable, scientific, literary, or	34613
educational purposes, or holding and maintaining and leasing such	34614
property; planning for and assisting in the development of its	34615
members; providing for the relief of the poor and distressed or	34616
underprivileged in the area and adjacent areas; combating	34617
community deterioration and lessening the burdens of government;	34618
providing or assisting others in providing housing for low- or	34619
moderate-income persons; and assisting its members by the	34620
provision of public safety and security services, parking	34621
facilities, transit service, landscaping, and parks.	34622

Sec. 1710.02. (A) A special improvement district may be	34623
created within the boundaries of any one municipal corporation,	34624
any one township, or any combination of contiguous municipal	34625
corporations and townships ~~by a petition of the property owners~~	34626
~~within the proposed district,~~ for the purpose of developing and	34627
implementing plans for public improvements and public services	34628
that benefit the district. A district may be created by petition	34629
of the owners of real property within the proposed district, or by	34630
an existing qualified nonprofit corporation. If the district is	34631
created by an existing qualified nonprofit corporation, the	34632
purposes for which the district is created may be supplemental to	34633
the other purposes for which the corporation is organized. All	34634
territory in a special improvement district shall be contiguous;	34635
except that the territory in a special improvement district may	34636
be noncontiguous if at least one special energy improvement	34637
project is designated for each parcel of real property included	34638
within the special improvement district. Additional territory may	34639
be added to a special improvement district created under this	34640
chapter for the purpose of developing and implementing plans for	34641
special energy improvement projects if at least one special	34642
energy improvement project is designated for each parcel of real	34643
property included within such additional territory and the	34644
addition of territory is authorized by the initial plan proposed	34645
under division (F) of this section or a plan adopted by the board	34646
of directors of the special improvement district under section	34647
1710.06 of the Revised Code.	34648

The district shall be governed by the board of trustees of a	34649
nonprofit corporation. This board shall be known as the board of	34650
directors of the special improvement district. No special	34651
improvement district shall include any church property, or	34652
property of the federal or state government or a county, township,	34653
or municipal corporation, unless the church or the county,	34654
township, or municipal corporation specifically requests in	34655
writing that the property be included within the district, or	34656
unless the church is a member of the existing qualified nonprofit	34657
corporation creating the district at the time the district is	34658
created. More than one district may be created within a	34659
participating political subdivision, but no real property may be	34660
included within more than one district unless the owner of the	34661
property files a written consent with the clerk of the legislative	34662
authority, the township fiscal officer, or the village clerk, as	34663
appropriate. The area of each district shall be contiguous; except	34664
that the area of a special improvement district may be	34665
noncontiguous if all parcels of real property included within	34666
such area contain at least one special energy improvement	34667
thereon.	34668

(B) Except as provided in division (C) of this section, a	34669
district created under this chapter is not a political	34670
subdivision. A district created under this chapter shall be	34671
considered a public agency under section 102.01 and a public	34672
authority under section 4115.03 of the Revised Code. Each member	34673
of the board of directors of a district, each member's designee or	34674
proxy, and each officer and employee of a district shall be	34675
considered a public official or employee under section 102.01 of	34676
the Revised Code and a public official and public servant under	34677
section 2921.42 of the Revised Code. Districts created under this	34678
chapter are not subject to section ~~121.24~~121.251 of the Revised	34679
Code. Districts created under this chapter are subject to sections	34680
121.22 and 121.23 of the Revised Code.	34681

(C) Each district created under this chapter shall be	34682
considered a political subdivision for purposes of section 4905.34	34683
of the Revised Code.	34684

Membership on the board of directors of the district shall	34685
not be considered as holding a public office. Directors and their	34686
designees shall be entitled to the immunities provided by Chapter	34687
1702. and to the same immunity as an employee under division	34688
(A)(6) of section 2744.03 of the Revised Code, except that	34689
directors and their designees shall not be entitled to the	34690
indemnification provided in section 2744.07 of the Revised Code	34691
unless the director or designee is an employee or official of a	34692
participating political subdivision of the district and is acting	34693
within the scope of the director's or designee's employment or	34694
official responsibilities.	34695

District officers and district members and directors and	34696
their designees or proxies shall not be required to file a	34697
statement with the Ohio ethics commission under section 102.02 of	34698
the Revised Code. All records of the district shall be treated as	34699
public records under section 149.43 of the Revised Code, except	34700
that records of organizations contracting with a district shall	34701
not be considered to be public records under section 149.43 or	34702
section 149.431 of the Revised Code solely by reason of any	34703
contract with a district.	34704

(D) Except as otherwise provided in this section, the	34705
nonprofit corporation that governs a district shall be organized	34706
in the manner described in Chapter 1702. of the Revised Code. ~~The~~	34707
Except in the case of a district created by an existing qualified	34708
nonprofit corporation, the corporation's articles of incorporation	34709
are required to be approved, as provided in division (E) of this	34710
section, by resolution of the legislative authority of each	34711
participating political subdivision of the district. A copy of	34712
that resolution shall be filed along with the articles of	34713
incorporation in the secretary of state's office.	34714

In addition to meeting the requirements for articles of	34715
incorporation set forth in Chapter 1702. of the Revised Code, the	34716
articles of incorporation for the nonprofit corporation governing	34717
a district formed under this chapter shall provide all the	34718
following:	34719

(1) The name for the district, which shall include the name	34720
of each participating political subdivision of the district;	34721

(2) A description of the territory within the district, which	34722
may be all or part of each participating political subdivision.	34723
The description shall be specific enough to enable real property	34724
owners to determine if their property is located within the	34725
district.	34726

(3) A description of the procedure by which the articles of	34727
incorporation may be amended. The procedure shall include	34728
receiving approval of the amendment, by resolution, from the	34729
legislative authority of each participating political subdivision	34730
and filing the approved amendment and resolution with the	34731
secretary of state.	34732

(4) The reasons for creating the district, plus an	34733
explanation of how the district will be conducive to the public	34734
health, safety, peace, convenience, and welfare of the district.	34735

(E) The articles of incorporation for a nonprofit corporation	34736
governing a district created under this chapter and amendments to	34737
them shall be submitted to the municipal executive, if any, and	34738
the legislative authority of each municipal corporation or	34739
township in which the proposed district is to be located,. Except	34740
in the case of a district created by an existing qualified	34741
nonprofit corporation, the articles or amendments shall be	34742
accompanied by a petition signed either by the owners of at least	34743
sixty per cent of the front footage of all real property located	34744
in the proposed district that abuts upon any street, alley, public	34745
road, place, boulevard, parkway, park entrance, easement, or other	34746
existing public improvement within the proposed district,	34747
excluding church property or property owned by the state, county,	34748
township, municipal, or federal government, unless a church,	34749
county, township, or municipal corporation has specifically	34750
requested in writing that the property be included in the	34751
district, or by the owners of at least seventy-five per cent of	34752
the area of all real property located within the proposed	34753
district, excluding church property or property owned by the	34754
state, county, township, municipal, or federal government, unless	34755
a church, county, township, or municipal corporation has	34756
specifically requested in writing that the property be included in	34757
the district. Pursuant to Section 2o of Article VIII, Ohio	34758
Constitution, the petition required under this division may be	34759
for the purpose of developing and implementing plans for special	34760
energy improvement projects, and, in such case, is determined to	34761
be in furtherance of the purposes set forth in Section 2o of	34762
Article VIII, Ohio Constitution. If a special improvement	34763
district is being created under this chapter for the purpose of	34764
developing and implementing plans for special energy improvement	34765
projects, the petition required under this division shall be	34766
signed by one hundred per cent of the owners of the area of all	34767
real property located within the proposed special improvement	34768
district, at least one special energy improvement project shall	34769
be designated for each parcel of real property within the special	34770
improvement district, and the special improvement district may	34771
include any number of parcels of real property as determined by	34772
the legislative authority of each participating political	34773
subdivision in which the proposed special improvement district is	34774
to be located. For purposes of determining compliance with these	34775
requirements, the area of the district, or the front footage and	34776
ownership of property, shall be as shown in the most current	34777
records available at the county recorder's office and the county	34778
engineer's office sixty days prior to the date on which the	34779
petition is filed.	34780

Each municipal corporation or township with which the	34781
petition is filed has sixty days to approve or disapprove, by	34782
resolution, the petition, including the articles of incorporation.	34783
In the case of a district created by an existing qualified	34784
nonprofit corporation, each municipal corporation or township has	34785
sixty days to approve or disapprove the creation of the district	34786
after the corporation submits the articles of incorporation or	34787
amendments thereto. This chapter does not prohibit or restrict the	34788
rights of municipal corporations under Article XVIII of the Ohio	34789
Constitution or the right of the municipal legislative authority	34790
to impose reasonable conditions in a resolution of approval. The	34791
acquisition, installation, equipping, and improvement of a	34792
special energy improvement project under this chapter shall not	34793
supersede any local zoning, environmental, or similar law or	34794
regulation.	34795

(F) Persons proposing creation and operation of the district	34796
may propose an initial plan for public services or public	34797
improvements that benefit all or any part of the district. Any	34798
initial plan shall be submitted as part of the petition proposing	34799
creation of the district or, in the case of a district created by	34800
an existing qualified nonprofit corporation, shall be submitted	34801
with the articles of incorporation or amendments thereto.	34802

An initial plan may include provisions for the following:

34803

(1) Creation and operation of the district and of the	34804
nonprofit corporation to govern the district under this chapter;	34805

(2) Hiring employees and professional services;

34806

(3) Contracting for insurance;

34807

(4) Purchasing or leasing office space and office equipment;

34808

(5) Other actions necessary initially to form, operate, or	34809
organize the district and the nonprofit corporation to govern the	34810
district;	34811

(6) A plan for public improvements or public services that	34812
benefit all or part of the district, which plan shall comply with	34813
the requirements of division (A) of section 1710.06 of the Revised	34814
Code and may include, but is not limited to, any of the permissive	34815
provisions described in the fourth sentence of that division or	34816
listed in divisions (A)(1) to ~~(5)~~(6) of that section;	34817

(7) If the special improvement district is being created	34818
under this chapter for the purpose of developing and implementing	34819
plans for special energy improvement projects, provision for the	34820
addition of territory to the special improvement district.	34821

After the initial plan is approved by all municipal	34822
corporations and townships to which it is submitted for approval	34823
and the district is created, each participating subdivision shall	34824
levy a special assessment within its boundaries to pay for the	34825
costs of the initial plan. The levy shall be for no more than ten	34826
years from the date of the approval of the initial plan; except	34827
that if the proceeds of the levy are to be used to pay the costs	34828
of a special energy improvement project, the levy of a special	34829
assessment shall be for no more than twenty-five years from the	34830
date of approval of the initial plan. In the event that	34831
additional territory is added to a special improvement district,	34832
the special assessment to be levied with respect to such	34833
additional territory shall commence not earlier than the date	34834
such territory is added and shall be for no more than twenty-five	34835
years from such date. For purposes of levying an assessment for	34836
this initial plan, the services or improvements included in the	34837
initial plan shall be deemed a special benefit to property owners	34838
within the district.	34839

(G) Each nonprofit corporation governing a district under	34840
this chapter may do the following:	34841

(1) Exercise all powers of nonprofit corporations granted	34842
under Chapter 1702. of the Revised Code that do not conflict with	34843
this chapter;	34844

(2) Develop, adopt, revise, implement, and repeal plans for	34845
public improvements and public services for all or any part of the	34846
district;	34847

(3) Contract with any person, political subdivision as	34848
defined in section 2744.01 of the Revised Code, or state agency as	34849
defined in section 1.60 of the Revised Code to develop and	34850
implement plans for public improvements or public services within	34851
the district;	34852

(4) Contract and pay for insurance for the district and for	34853
directors, officers, agents, contractors, employees, or members of	34854
the district for any consequences of the implementation of any	34855
plan adopted by the district or any actions of the district.	34856

The board of directors of a special improvement district	34857
may, acting as agent and on behalf of a participating political	34858
subdivision, sell, transfer, lease, or convey any special energy	34859
improvement project owned by the participating political	34860
subdivision upon a determination by the legislative authority	34861
thereof that the project is not required to be owned exclusively	34862
by the participating political subdivision for its purposes, for	34863
uses determined by the legislative authority thereof as those that	34864
will promote the welfare of the people of such participating	34865
political subdivision; to improve the quality of life and the	34866
general and economic well-being of the people of the participating	34867
political subdivision; better ensure the public health, safety,	34868
and welfare; protect water and other natural resources; provide	34869
for the conservation and preservation of natural and open areas	34870
and farmlands, including by making urban areas more desirable or	34871
suitable for development and revitalization; control, prevent,	34872
minimize, clean up, or mediate certain contamination of or	34873
pollution from lands in the state and water contamination or	34874
pollution; or provide for safe and natural areas and resources.	34875
The legislative authority of each participating political	34876
subdivision shall specify the consideration for such sale,	34877
transfer, lease, or conveyance and any other terms thereof. Any	34878
determinations made by a legislative authority of a participating	34879
political subdivision under this division shall be conclusive.	34880

Any sale, transfer, lease, or conveyance of a special energy	34881
improvement project by a participating political subdivision or	34882
the board of directors of the special improvement district may be	34883
made without advertising, receipt of bids, or other competitive	34884
bidding procedures applicable to the participating political	34885
subdivision or the special improvement district under Chapter 153.	34886
or 735. or section 1710.11 of the Revised Code or other	34887
representative provisions of the Revised Code.	34888

Sec. 1710.03. (A) ~~Each owner, other than a church or the~~	34889
~~state, county, township, municipal, or federal government, unless~~	34890
~~a church or county, township, or municipal corporation has~~	34891
~~specifically requested in writing that the property be included in~~	34892
~~the district,~~Except as otherwise provided in this division, each	34893
owner of real property within a special improvement district other	34894
than the state or federal government is a member of the district,	34895
and the real property of each member of the district is subject to	34896
special assessment under division (C) of section 1710.06 of the	34897
Revised Code. ~~The~~A church is not a member of the district unless	34898
the church specifically requested in writing that its property be	34899
included in the district or unless, in the case of a district	34900
created by an existing qualified nonprofit corporation, the church	34901
is a member of the corporation at the time the district is	34902
created. A county, township, or municipal corporation owning real	34903
property in the district is not a member of the district unless	34904
such entity specifically requested in writing that its property	34905
be included in the district.	34906

The identity and address of the owners shall be determined	34907
for any particular action of the nonprofit corporation that	34908
governs the district, including notice of meetings of the	34909
district, no more than sixty days prior to the date of the	34910
action, from the most current records available at the county	34911
auditor's office. For purposes of this chapter, the persons shown	34912
on such records as having common or joint ownership interests in	34913
a parcel of real property collectively shall constitute the owner	34914
of the real property.	34915

(B) A member may file a written statement with the district's	34916
secretary at least three days prior to any meeting of the entire	34917
membership of the district to appoint a proxy to carry out the	34918
member's rights and responsibilities under this chapter at that	34919
meeting.	34920

(C) A member also may appoint a designee to carry out the	34921
member's rights and responsibilities under this chapter by filing	34922
a written designation form with the district's secretary. This	34923
form shall include the name and address of the member, the name	34924
and address of the designee, and the expiration date, if any, of	34925
the designation and may authorize the designee to vote at any	34926
meeting of the district.	34927

(D) A proxy or designee need not be an elector or resident of	34928
any participating political subdivision of the district or a	34929
member of the district. The appointment of a proxy or a designee	34930
may be changed by filing a new form with the district's secretary.	34931
The most current form filed with the secretary is the valid	34932
appointment. Service of any notice upon a proxy or designee at the	34933
proxy's or designee's address as shown on that form satisfies any	34934
requirements for notification of the member.	34935

Sec. 1710.04. (A) A special improvement district created	34936
under this chapter shall be governed by the board of directors of	34937
the special improvement district. The board shall consist of at	34938
least five directors. The board shall include a person appointed	34939
by the legislative authority of each participating political	34940
subdivision and the municipal executive of each municipal	34941
corporation with territory within the boundaries of the special	34942
improvement district. The remainder of the board's members shall	34943
be members of the district. Except for the municipal executives	34944
and the appointees of the legislative authorities, and except as	34945
otherwise provided in this division, members of the board of	34946
directors shall be elected at a meeting of the entire membership	34947
of the district. The initial election of directors may occur at	34948
the first meeting of the entire membership of the district after	34949
its creation. All subsequent elections shall be held at a November	34950
meeting of the membership.	34951

Each municipal executive may designate one person who is an	34952
employee of the municipal corporation involved with its planning	34953
or economic development functions to serve in the municipal	34954
executive's stead. This designee shall serve at the pleasure of	34955
the municipal executive.	34956

In the case of a district created by an existing qualified	34957
nonprofit corporation, the corporation's board of trustees or	34958
other governing board, however denominated, shall be the board of	34959
directors of the special improvement district for the purposes of	34960
this chapter. The election of directors otherwise required by this	34961
division shall not be required, and the requirement that municipal	34962
executives and appointees of the legislative authorities be	34963
members of the district's board of directors may be satisfied by	34964
the membership on the corporation's governing board of	34965
representatives of such participating political subdivisions, or	34966
may be waived if approved by resolution of the legislative	34967
authorities of the participating political subdivisions.	34968

(B) A director may file a written statement with the	34969
district's secretary at least three days prior to any meeting of	34970
the board to have a person act as proxy to carry out the	34971
director's rights and responsibilities under this chapter at that	34972
meeting.	34973

A director may also appoint a designee to carry out the	34974
director's rights and responsibilities under this chapter by	34975
filing a written designation form with the district's secretary.	34976
This form shall include the name and address of the director, the	34977
name and address of the designee, and the expiration date, if any,	34978
of the designation.	34979

A proxy or designee need not be an elector or resident of a	34980
participating political subdivision of the district or a member of	34981
the district. The appointment of a proxy or designee may be	34982
changed by filing a new form with the district's secretary. The	34983
most current form filed with the secretary is the valid	34984
appointment. Service of any notice upon a proxy or designee at the	34985
proxy's or designee's address as shown on that form satisfies any	34986
requirements for notification of the director.	34987

(C) Notice of the time, date, place, and agenda for any	34988
meeting of the board of directors shall be by written notice to	34989
each director, transmitted by certified mail, personal service, or	34990
electronic device prior to the meeting. If possible, the notice	34991
shall be served at least one week prior to the meeting.	34992

The board shall act by a majority vote of those present and	34993
authorized to vote at any meeting where proper notice has been	34994
served.	34995

(D) The board shall elect a chairperson, vice-chairperson,	34996
secretary, and treasurer of the board. These officers shall serve	34997
at the board's pleasure. A director may be elected to more than	34998
one office, except that the director elected as treasurer shall	34999
not be elected to any other office of the board.	35000

By the first day of March of each year, the treasurer shall	35001
submit to each member of the district and to the municipal	35002
executive, chief fiscal officer, and legislative authority of each	35003
municipal corporation with territory within the boundaries of the	35004
special improvement district and the board of township trustees of	35005
each township with territory within the boundaries of the special	35006
improvement district, a report of the district's activities and	35007
financial condition for the previous year.	35008

(E) Divisions (B), (C), and (D) of this section do not apply	35009
to a district created by an existing qualified nonprofit	35010
corporation to the extent those divisions are not consistent with	35011
the regulations of the corporation, in which case the regulations	35012
of the corporation shall govern.	35013

Sec. 1710.06. (A) The board of directors of a special	35014
improvement district may develop and adopt one or more written	35015
plans for public improvements or public services that benefit all	35016
or any part of the district. Each plan shall set forth the	35017
specific public improvements or public services that are to be	35018
provided, identify the area in which they will be provided, and	35019
specify the method of assessment to be used. Each plan for public	35020
improvements or public services shall indicate the period of time	35021
the assessments are to be levied for the improvements and services	35022
and, if public services are included in the plan, the period of	35023
time the services are to remain in effect. Plans for public	35024
improvements may include the planning, design, construction,	35025
reconstruction, enlargement, or alteration of any public	35026
improvements and the acquisition of land for the improvements.	35027
Plans for public improvements or public services may also include,	35028
but are not limited to, provisions for the following:	35029

(1) Creating and operating the district and the nonprofit	35030
corporation under this chapter, including hiring employees and	35031
professional services, contracting for insurance, and purchasing	35032
or leasing office space and office equipment and other	35033
requirements of the district;	35034

(2) Planning, designing, and implementing a public	35035
improvements or public services plan, including hiring	35036
architectural, engineering, legal, appraisal, insurance, and	35037
planning services, and, for public services, managing, protecting,	35038
and maintaining public and private facilities, including public	35039
improvements;	35040

(3) Conducting court proceedings to carry out this chapter;

35041

(4) Paying damages resulting from the provision of public	35042
improvements or public services and implementing the plans;	35043

(5) Paying the costs of issuing, paying interest on, and	35044
redeeming notes and bonds issued for funding public improvements	35045
and public services plans; and	35046

(6) Sale, lease, lease with an option to purchase, conveyance	35047
of other interests in, or other contracts for the acquisition,	35048
construction, maintenance, repair, furnishing, equipping,	35049
operation, or improvement of any special energy improvement	35050
project by the special improvement district, between a	35051
participating political subdivision and the special improvement	35052
district, and between the special improvement district and any	35053
owner of real property in the special improvement district on	35054
which a special energy improvement project has been acquired,	35055
installed, equipped, or improved.	35056

(B) Once the board of directors of the special improvement	35057
district adopts a plan, it shall submit the plan to the	35058
legislative authority of each participating political subdivision	35059
and the municipal executive of each municipal corporation in	35060
which the district is located, if any. The legislative	35061
authorities and municipal executives shall review the plan and,	35062
within sixty days after receiving it, may submit their comments	35063
and recommendations about it to the district. After reviewing	35064
these comments and recommendations, the board of directors may	35065
amend the plan. It may then submit the plan, amended or	35066
otherwise, in the form of a petition to members of the district	35067
whose property may be assessed for the plan. Once the petition is	35068
signed by those members who own at least sixty per cent of the	35069
front footage of property that is to be assessed and that abuts	35070
upon a street, alley, public road, place, boulevard, parkway, park	35071
entrance, easement, or other public improvement, or those members	35072
who own at least seventy-five per cent of the area to be assessed	35073
for the improvement or service, the petition may be submitted to	35074
each legislative authority for approval. If the special	35075
improvement district was created for the purpose of developing	35076
and implementing plans for special energy improvement projects,	35077
the petition required under this division shall be signed by one	35078
hundred per cent of the owners of the area of all real property	35079
located within the area to be assessed for the special energy	35080
improvement project.	35081

Each legislative authority shall, by resolution, approve or	35082
reject the petition within sixty days after receiving it. If the	35083
petition is approved by the legislative authority of each	35084
participating political subdivision, the plan contained in the	35085
petition shall be effective at the earliest date on which a	35086
nonemergency resolution of the legislative authority with the	35087
latest effective date may become effective. A plan may not be	35088
resubmitted to the legislative authorities and municipal	35089
executives more than three times in any twelve-month period.	35090

(C) Each participating political subdivision shall levy, by	35091
special assessment upon specially benefited property located	35092
within the district, the costs of any public improvements or	35093
public services plan contained in a petition approved by the	35094
participating political subdivisions under this section or	35095
division (F) of section 1710.02 of the Revised Code. The levy	35096
shall be made in accordance with the procedures set forth in	35097
Chapter 727. of the Revised Code, except that:	35098

(1) The assessment for each improvements or services plan may	35099
be levied by any one or any combination of the methods of	35100
assessment listed in section 727.01 of the Revised Code, provided	35101
that the assessment is uniformly applied.	35102

(2) For the purpose of levying an assessment, the board of	35103
directors may combine one or more improvements or services plans	35104
or parts of plans and levy a single assessment against specially	35105
benefited property.	35106

(3) For purposes of special assessments levied by a township	35107
pursuant to this chapter, references in Chapter 727. of the	35108
Revised Code to the municipal corporation shall be deemed to refer	35109
to the township, and references to the legislative authority of	35110
the municipal corporation shall be deemed to refer to the board of	35111
township trustees.	35112

Church property or property owned by a political subdivision,	35113
including any participating political subdivision in which a	35114
special improvement district is located, shall be included in and	35115
be subject to special assessments made pursuant to a plan adopted	35116
under this section or division (F) of section 1710.02 of the	35117
Revised Code, if the church or political subdivision has	35118
specifically requested in writing that its property be included	35119
within the special improvement district and the church or	35120
political subdivision is a member of the district or, in the case	35121
of a district created by an existing qualified nonprofit	35122
corporation, if the church is a member of the corporation.	35123

(D) All rights and privileges of property owners who are	35124
assessed under Chapter 727. of the Revised Code shall be granted	35125
to property owners assessed under this chapter, including those	35126
rights and privileges specified in sections 727.15 to 727.17 and	35127
727.18 to 727.22 of the Revised Code and the right to notice of	35128
the resolution of necessity and the filing of the estimated	35129
assessment under section 727.13 of the Revised Code. Property	35130
owners assessed for public services under this chapter shall have	35131
the same rights and privileges as property owners assessed for	35132
public improvements under this chapter.	35133

Sec. 1710.07. The cost of any public improvements or public	35134
services plan of a special improvement district may include, but	35135
is not limited to, the following:	35136

(A) The cost of creating and operating the district under	35137
this chapter, including creating and operating a nonprofit	35138
organization organized under this chapter, hiring employees and	35139
professional services, contracting for insurance, and purchasing	35140
or leasing office space or office equipment;	35141

(B) The cost of planning, designing, and implementing the	35142
public improvements or public services plan, including payment of	35143
architectural, engineering, legal, appraisal, insurance, and	35144
planning fees and expenses, and, for public services, the	35145
management, protection, and maintenance costs of public or private	35146
facilities;	35147

(C) Any court costs incurred by the district in implementing	35148
the public improvements or public services plan;	35149

(D) Any damages resulting from implementing the public	35150
improvements or public services plan;	35151

(E) The costs of issuing, paying interest on, and redeeming	35152
notes and bonds issued for funding the public improvements or	35153
public services plan; and	35154

(F) The costs associated with the sale, lease, lease with an	35155
option to purchase, conveyance of other interests in, or other	35156
contracts for the acquisition, construction, maintenance, repair,	35157
furnishing, equipping, operation, or improvement of any special	35158
energy improvement project by the district, between a	35159
participating political subdivision and the special improvement	35160
district, or between the special improvement district and any	35161
owner of real property in the special improvement district on	35162
which a special energy improvement project has been acquired,	35163
installed, equipped, or improved.	35164

Sec. 1710.10. (A) When a participating political subdivision	35165
contracts to provide improvements or services to a special	35166
improvement district, the participating political subdivision	35167
shall charge only its additional cost of providing the improvement	35168
or service, without any allocation of overhead costs, fixed costs,	35169
or assignment of costs at rates higher than those at which the	35170
participating political subdivision assigns costs for similar	35171
improvements or services for political subdivision purposes.	35172

(B) ~~Any~~Except in the case of a district created by an	35173
existing qualified nonprofit corporation, any law enforcement or	35174
fire protection service to be provided under a district's public	35175
service plan shall be provided only by contract with a	35176
participating political subdivision of the district. ~~The~~In the	35177
case of a district created by an existing qualified nonprofit	35178
corporation, the corporation may provide law enforcement service	35179
as provided under section 1702.80 of the Revised Code.	35180

The district shall reimburse the participating political	35181
subdivision for any additional cost incurred in providing that	35182
law enforcement or fire protection service. This additional cost	35183
shall not include any overhead, fixed costs, or assignment of	35184
costs at rates higher than those at which the political	35185
subdivision assigns costs for these services for political	35186
subdivision purposes.	35187

(C) Any liability for providing fire or police services under	35188
this section by a participating political subdivision shall remain	35189
with the participating political subdivision and shall not be	35190
assumed by the district.	35191

Sec. 1710.13. ~~The~~This section does not apply to a special	35192
improvement district created by an existing qualified nonprofit	35193
corporation.	35194

The process for dissolving a special improvement district or	35195
repealing an improvements or services plan may be initiated by a	35196
petition signed by members of the district who own at least twenty	35197
per cent of the appraised value of the real property located in	35198
the district, excluding church property or real property owned by	35199
the federal government, the state, or a county, township, or	35200
municipal corporation, unless the church, county, township, or	35201
municipal corporation has specifically requested in writing that	35202
the property be included in the district, and filed with the	35203
municipal executive, if any, and the legislative authorities of	35204
all the participating political subdivisions of the district. As	35205
used in this section, "appraised value" means the taxable value	35206
established by the county auditor for purposes of real estate	35207
taxation.	35208

No later than forty-five days after such a petition is filed,	35209
the members of the district shall meet to consider it. Notice of	35210
the meeting shall be given as provided in section 1710.05 of the	35211
Revised Code. Upon the affirmative vote of members who	35212
collectively own more than fifty per cent of the appraised value	35213
of the real property in the district that may be subject to	35214
assessment under division (C) of section 1710.06 of the Revised	35215
Code, the district shall be dissolved, or the plan shall be	35216
repealed, as applicable.	35217

No rights or obligations of any person under any contract, or	35218
in relation to any bonds, notes, or assessments made under this	35219
chapter, shall be affected by the dissolution of the district or	35220
the repeal of a plan, except with the consent of that person or by	35221
order of a court with jurisdiction over the matter. Upon	35222
dissolution of a district, any assets or rights of the district,	35223
after payment of all bonds, notes, or other obligations of the	35224
district, shall be deposited in a special account in the treasury	35225
of each participating political subdivision, prorated among all	35226
participating political subdivisions to reflect the percentage of	35227
the district's territory within that political subdivision, to be	35228
used for the benefit of the territory that made up the district.	35229

Once the members have approved the repeal of a plan, all	35230
bonds, notes, and other obligations of the district associated	35231
with the plan shall be paid. Thereafter, the plan shall be	35232
repealed. Upon receipt of proof that all bonds, notes, and other	35233
obligations have been paid and that the plan has been repealed,	35234
the participating political subdivisions shall terminate any	35235
levies imposed to pay for costs of the plan.	35236

Sec. 1721.211. (A) As used in this section, "preneed	35237
cemetery merchandise and services contract" means a written	35238
agreement, contract, or series of contracts to sell or otherwise	35239
provide an outer burial container, monument, marker, urn, other	35240
type of merchandise customarily sold by cemeteries, or opening and	35241
closing services to be used or provided in connection with the	35242
final disposition of a dead human body, where payment for the	35243
container, monument, marker, urn, other type of merchandise	35244
customarily sold by cemeteries, or opening and closing services is	35245
made either outright or on an installment basis, prior to the	35246
death of the person so purchasing or for whom so purchased.	35247
"Preneed cemetery merchandise and services contract" does not	35248
include any preneed funeral contract or any agreement, contract,	35249
or series of contracts pertaining to the sale of any burial lot,	35250
burial or interment right, entombment right, or columbarium right	35251
with respect to which an endowment care trust is established or is	35252
exempt from establishment pursuant to section 1721.21 of the	35253
Revised Code.	35254

(B) Subject to the limitations and restrictions contained in	35255
Chapters 1101. to 1127. of the Revised Code, a trust company	35256
licensed under Chapter 1111. of the Revised Code or a national	35257
bank or federal savings association that pledges securities in	35258
accordance with section 1111.04 of the Revised Code or the	35259
individuals described in division (C)(2) of this section have the	35260
power as trustee to receive and to hold and invest in accordance	35261
with sections 2109.37 and 2109.371 of the Revised Code moneys	35262
under a preneed cemetery merchandise and services contract.	35263

(C)(1) The greater of one hundred ten per cent of the	35264
seller's actual cost or thirty per cent of the seller's retail	35265
price of the merchandise and seventy per cent of the seller's	35266
retail price of the services to be provided under a preneed	35267
cemetery merchandise and services contract shall remain intact as	35268
a fund until the death of the person for whose benefit the	35269
contract is made or the merchandise is delivered as set forth in	35270
division (K) of this section. However, any moneys held pursuant to	35271
this section shall be released upon demand of the person for whose	35272
benefit the contract was made or upon the demand of the seller for	35273
its share of the moneys held and earned interest if the contract	35274
has been canceled as set forth in division (G) of this section.	35275

(2) The trustee of the fund described in division (C)(1) of	35276
this section shall be a trust company licensed under Chapter 1111.	35277
of the Revised Code or a national bank or federal savings	35278
association that pledges securities in accordance with section	35279
1111.04 of the Revised Code or at least three individuals who have	35280
been residents of the county in which the seller is located for at	35281
least one year, each of whom shall be bonded by a corporate surety	35282
in an amount that is at least equal to the amount deposited in the	35283
fund of which those persons serve as trustee. Amounts in the fund	35284
shall be held and invested in the manner in which trust funds are	35285
permitted to be held and invested pursuant to sections 2109.37 and	35286
2109.371 of the Revised Code.	35287

(3) Every preneed cemetery and merchandise contract entered	35288
into on or after the effective date of this amendment shall	35289
include a provision in substantially the following form:	35290

NOTICE: Under Ohio law, the person holding the right of	35291
disposition of the remains of the beneficiary of this contract	35292
pursuant to section 2108.70 or 2108.81 of the Revised Code will	35293
have the right to purchase cemetery merchandise and services	35294
inconsistent with the merchandise and services set forth in this	35295
contract. However, the beneficiary is encouraged to state his or	35296
her preferences as to the manner of final disposition in a	35297
declaration of the right of disposition pursuant to section	35298
2108.72 of the Revised Code, including that the arrangements set	35299
forth in this contract shall be followed.	35300

(D) Within thirty days after the last business day of the	35301
month in which the seller of cemetery merchandise or services	35302
receives final contractual payment under a preneed cemetery	35303
merchandise and services contract, the seller shall deliver the	35304
greater of one hundred ten per cent of the seller's actual cost or	35305
thirty per cent of the seller's retail price of the merchandise	35306
and seventy per cent of the seller's current retail price of the	35307
services as of the date of the contract to a trustee or to	35308
trustees as described in division (C)(2) of this section, and the	35309
moneys and accruals or income on the moneys shall be held in a	35310
fund and designated for the person for whose benefit the fund was	35311
established as a preneed cemetery merchandise and services	35312
contract fund.	35313

(E) The moneys received from more than one preneed cemetery	35314
merchandise and services contract may, at the option of the	35315
persons for whose benefit the contracts are made, be placed in a	35316
common or pooled trust fund in this state under a single trust	35317
instrument. If three individuals are designated as the trustees as	35318
provided in division (C)(2) of this section, they shall be bonded	35319
by a corporate surety or fidelity bond in an aggregate amount of	35320
not less than one hundred per cent of the funds held by them as	35321
trustees. The trustees or their agent shall, on a continuous	35322
basis, keep exact records as to the amount of funds under a single	35323
trust instrument being held for the individual beneficiaries	35324
showing the amount paid, the amount deposited and invested, and	35325
accruals and income.	35326

(F) ~~The~~(1) Except as provided in division (F)(2) of this	35327
section, the seller of merchandise or services under a preneed	35328
cemetery merchandise and services contract shall annually submit	35329
to the division of real estate of the department of commerce an	35330
affidavit in a form prescribed by the division, sworn under oath,	35331
specifying each of the following:	35332

~~(1)~~(a) That, within the time specified in division (D) of	35333
this section, the amounts required by that division were deposited	35334
in an appropriate fund;	35335

~~(2)~~(b) That the fund has not been used to collateralize or	35336
guarantee loans and has not otherwise been subjected to any	35337
consensual lien;	35338

~~(3)~~(c) That the fund is invested in compliance with the	35339
investing standards set forth in sections 2109.37 and 2109.371 of	35340
the Revised Code;	35341

~~(4)~~(d) That no moneys have been removed from the fund, except	35342
as provided for in this section.	35343

(2) A licensed funeral director who sells preneed funeral	35344
contracts and who also sells merchandise or services under a	35345
preneed cemetery merchandise and services contract shall be deemed	35346
to have met the requirement in division (F)(1) of this section by	35347
submitting the annual preneed cemetery merchandise and services	35348
contract affidavit to the board of embalmers and funeral directors	35349
along with or as part of the annual preneed funeral contract	35350
report required under divisions (I) and (J) of section 4717.31 of	35351
the Revised Code.	35352

(G) This division is subject to division (I) of this section.

35353

Any person upon initially entering into a preneed cemetery	35354
merchandise and services contract may, within seven days, cancel	35355
the contract and request and receive from the seller one hundred	35356
per cent of all payments made under the contract. After the	35357
expiration of the above period, any person who has entered into a	35358
preneed cemetery merchandise and services contract may, on not	35359
less than fifteen days' notice, cancel the contract and request	35360
and receive from the seller sixty per cent of the payments made	35361
under the contract which have been paid up to the time of	35362
cancellation; except that, if a preneed cemetery merchandise and	35363
services contract stipulates a firm or fixed or guaranteed price	35364
for the merchandise or services for future use at a time	35365
determined by the death of the person on behalf of whom payments	35366
are made, the person who has entered into the contract may, if the	35367
merchandise has not been delivered or the services have not been	35368
performed as set forth in division (K) or (L) of this section, on	35369
not less than fifteen days' notice, cancel the contract and	35370
receive from the seller sixty per cent of the principal paid	35371
pursuant to the contract and not less than eighty per cent of any	35372
interest paid, up to the time of cancellation, and not less than	35373
eighty per cent of any accrual or income earned while the moneys	35374
have been held pursuant to divisions (C) and (D) of this section,	35375
up to the time of cancellation. Upon cancellation, after the	35376
moneys have been distributed to the beneficiary pursuant to this	35377
division, all remaining moneys being held pursuant to divisions	35378
(C) and (D) of this section shall be paid to the seller. If more	35379
than one person enters into the contract, all of those persons	35380
must request cancellation for it to be effective under this	35381
division. In such a case, the seller shall refund to each person	35382
only those moneys that each person has paid under the contract.	35383

(H) Upon receipt of a certified copy of the certificate of	35384
death or evidence of delivery of the merchandise or performance of	35385
the services pursuant to division (K) or (L) of this section, the	35386
trustee described in division (C)(2) of this section or its agent,	35387
shall forthwith pay the fund and accumulated interest, if any, to	35388
the person entitled to them under the preneed cemetery merchandise	35389
and services contract. The payment of the fund and accumulated	35390
interest pursuant to this section, either to a seller or person	35391
making the payments, shall relieve the trustee of any further	35392
liability on the fund or accumulated interest.	35393

(I) Notwithstanding any other provision of this section, any	35394
preneed cemetery merchandise and services contract may specify	35395
that it is irrevocable. All irrevocable preneed cemetery	35396
merchandise and services contracts shall include a clear and	35397
conspicuous disclosure of irrevocability in the contract and any	35398
person entering into an irrevocable preneed cemetery merchandise	35399
and services contract shall sign a separate acknowledgment of the	35400
person's waiver of the right to revoke. If a contract satisfies	35401
the requirements of this division, division (G) of this section	35402
does not apply to that contract.	35403

(J) Any preneed cemetery merchandise and services contract	35404
that involves the payment of money shall be in writing and in	35405
compliance with the laws and rules of this state.	35406

(K) For purposes of this section, the seller is considered to	35407
have delivered merchandise pursuant to a preneed cemetery	35408
merchandise and services contract when either of the following	35409
occur:	35410

(1) The seller makes actual delivery of the merchandise to	35411
the beneficiary, or the seller pays for the merchandise and	35412
identifies it as being stored for the benefit of the beneficiary	35413
at a manufacturer's warehouse.	35414

(2) The seller receives delivery of the merchandise on behalf	35415
of the beneficiary, and all of the following occur:	35416

(a) The merchandise is permanently affixed to or stored upon	35417
the real property of a cemetery located in this state.	35418

(b) The seller notifies the beneficiary of receipt of the	35419
merchandise and identifies the specific location of the	35420
merchandise.	35421

(c) The seller at the time of the beneficiary's final payment	35422
provides the beneficiary with evidence of ownership in the	35423
beneficiary's name showing the merchandise to be free and clear of	35424
any liens or other encumbrances.	35425

(L) For purposes of this section, a seller is considered to	35426
have performed services pursuant to a preneed cemetery merchandise	35427
and services contract when the beneficiary's next of kin signs a	35428
written statement that the services have been performed or, if no	35429
next of kin of the beneficiary can be located through reasonable	35430
diligence, when the owner or other person responsible for the	35431
operation of the cemetery signs a statement of that nature.	35432

(M) Notwithstanding any other provision of this chapter, any	35433
trust may be charged a trustee's fee, which is to be deducted from	35434
the earned income or accruals on that trust. The fee shall not	35435
exceed the amount that is regularly or usually charged for similar	35436
services rendered by the trustee described in division (C)(2) of	35437
this section when serving as a trustee.	35438

(N) The general assembly intends that this section be	35439
construed as a limitation upon the manner in which a person is	35440
permitted to accept moneys in prepayment for merchandise and	35441
services to be delivered or provided in the future, or merchandise	35442
and services to be used or provided in connection with the final	35443
disposition of human remains, to the end that at all times members	35444
of the public may have an opportunity to arrange and pay for	35445
merchandise and services for themselves and their families in	35446
advance of need while at the same time providing all possible	35447
safeguards whereunder the prepaid moneys cannot be dissipated,	35448
whether intentionally or not, so as to be available for the	35449
payment for merchandise and services and the providing of	35450
merchandise and services used or provided in connection with the	35451
final disposition of dead human bodies.	35452

(O) This section does not apply to the seller or provider of	35453
merchandise or services under a preneed cemetery merchandise and	35454
services contract if the contract pertains to a cemetery that is	35455
owned and operated entirely and exclusively by an established and	35456
legally cognizable church or denomination that is exempt from	35457
federal income taxation under section 501(c)(3) of the "Internal	35458
Revenue Code of 1954," 26 U.S.C.A. 501, an established fraternal	35459
organization, or a municipal corporation or other political	35460
subdivision of the state, to a cemetery that is a national	35461
cemetery, or to a cemetery that is a family cemetery as defined in	35462
section 4767.02 of the Revised Code; provided that, on a voluntary	35463
basis, rules and other measures are adopted to safeguard and	35464
secure all moneys received under a preneed cemetery merchandise	35465
and services contract.	35466

(P) This section does not prohibit persons other than	35467
cemetery corporations or associations from selling outer burial	35468
containers, monuments, markers, urns, or other types of	35469
merchandise customarily sold by cemeteries pursuant to a preneed	35470
cemetery merchandise and services contract; however all sellers of	35471
merchandise pursuant to a preneed cemetery merchandise and	35472
services contract shall comply with this section unless the seller	35473
is specifically exempt from this section.	35474

(Q) Any contract for preneed services or merchandise entered	35475
into with a cemetery not registered under section 4767.03 of the	35476
Revised Code is voidable.	35477

Sec. 1724.02. In furtherance of the purposes set forth in	35478
section 1724.01 of the Revised Code, a community improvement	35479
corporation shall have the following powers:	35480

(A)(1) To borrow money for any of the purposes of the	35481
community improvement corporation by means of loans, lines of	35482
credit, or any other financial instruments or securities,	35483
including the issuance of its bonds, debentures, notes, or other	35484
evidences of indebtedness, whether secured or unsecured, and to	35485
secure the same by mortgage, pledge, deed of trust, or other	35486
lien on its property, franchises, rights, and privileges of	35487
every kind and nature or any part thereof or interest therein;	35488
and	35489

(2) If the community improvement corporation is a county land	35490
reutilization corporation, the corporation may request, by	35491
resolution:	35492

(a) That the board of county commissioners of the county	35493
served by the corporation pledge a specifically identified source	35494
or sources of revenue pursuant to division (C) of section 307.78	35495
of the Revised Code as security for such borrowing by the	35496
corporation; and	35497

(b)(i) If the land subject to reutilization is located within	35498
an unincorporated area of the county, that the board of county	35499
commissioners issue notes under section 307.082 of the Revised	35500
Code for the purpose of constructing public infrastructure	35501
improvements and take other actions as the board determines are in	35502
the interest of the county and are authorized under sections	35503
5709.78 to 5709.81 of the Revised Code or bonds or notes under	35504
section 5709.81 of the Revised Code for the refunding purposes set	35505
forth in that section; or	35506

(ii) If the land subject to reutilization is located within	35507
the corporate boundaries of a municipal corporation, that the	35508
municipal corporation issue bonds for the purpose of constructing	35509
public infrastructure improvements and take such other actions as	35510
the municipal corporation determines are in its interest and are	35511
authorized under sections 5709.40 to 5709.43 of the Revised Code.	35512

(B) To make loans to any person, firm, partnership,	35513
corporation, joint stock company, association, or trust, and to	35514
establish and regulate the terms and conditions with respect to	35515
any such loans; provided that an economic development corporation	35516
shall not approve any application for a loan unless and until the	35517
person applying for said loan shows that the person has applied	35518
for the loan through ordinary banking or commercial channels and	35519
that the loan has been refused by at least one bank or other	35520
financial institution. Nothing in this division shall preclude a	35521
county land reutilization corporation from making revolving loans	35522
to community development corporations or groups for the purposes	35523
contained in the corporation's plan under section 1724.10 of the	35524
Revised Code.	35525

(C) To purchase, receive, hold, manage, lease,	35526
lease-purchase, or otherwise acquire and to sell, convey,	35527
transfer, lease, sublease, or otherwise dispose of real and	35528
personal property, together with such rights and privileges as may	35529
be incidental and appurtenant thereto and the use thereof,	35530
including but not restricted to, any real or personal property	35531
acquired by the community improvement corporation from time to	35532
time in the satisfaction of debts or enforcement of obligations,	35533
and to enter into contracts with third parties, including the	35534
federal government, the state, any political subdivision, or any	35535
other entity. A county land reutilization corporation shall not	35536
acquire an interest in real property if such acquisition causes	35537
the percentage of unoccupied real property held by the corporation	35538
to become less than seventy-five per cent of all real property	35539
held by the corporation for reutilization, reclamation, or	35540
rehabilitation. For the purposes of this division, "unoccupied"	35541
has the same meaning as in section 323.65 of the Revised Code. No	35542
~~interest in real property shall be acquired by a county land~~	35543
~~reutilization corporation after two years following the filing of~~	35544
~~its articles of incorporation by the secretary of state.~~	35545

(D) To acquire the good will, business, rights, real and	35546
personal property, and other assets, or any part thereof, or	35547
interest therein, of any persons, firms, partnerships,	35548
corporations, joint stock companies, associations, or trusts, and	35549
to assume, undertake, or pay the obligations, debts, and	35550
liabilities of any such person, firm, partnership, corporation,	35551
joint stock company, association, or trust; to acquire, reclaim,	35552
manage, or contract for the management of improved or unimproved	35553
and underutilized real estate for the purpose of constructing	35554
industrial plants, other business establishments, or housing	35555
thereon, or causing the same to occur, for the purpose of	35556
assembling and enhancing utilization of the real estate, or for	35557
the purpose of disposing of such real estate to others in whole	35558
or in part for the construction of industrial plants, other	35559
business establishments, or housing; and to acquire, reclaim,	35560
manage, contract for the management of, construct or reconstruct,	35561
alter, repair, maintain, operate, sell, convey, transfer, lease,	35562
sublease, or otherwise dispose of industrial plants, business	35563
establishments, or housing. ~~No interest in real property shall be~~	35564
~~acquired by a county land reutilization corporation after two~~	35565
~~years following the filing of its articles of incorporation by the~~	35566
~~secretary of state.~~	35567

(E) To acquire, subscribe for, own, hold, sell, assign,	35568
transfer, mortgage, pledge, or otherwise dispose of the stock,	35569
shares, bonds, debentures, notes, or other securities and	35570
evidences of interest in, or indebtedness of, any person, firm,	35571
corporation, joint stock company, association, or trust, and while	35572
the owner or holder thereof, to exercise all the rights, powers,	35573
and privileges of ownership, including the right to vote therein,	35574
provided that no tax revenue, if any, received by a community	35575
improvement corporation shall be used for such acquisition or	35576
subscription.	35577

(F) To mortgage, pledge, or otherwise encumber any property	35578
acquired pursuant to the powers contained in divisions (C), (D),	35579
or (E) of this section.	35580

(G) Nothing in this section shall limit the right of a	35581
community improvement corporation to become a member of or a	35582
stockholder in a corporation formed under Chapter 1726. of the	35583
Revised Code.	35584

(H) To serve as an agent for grant applications and for the	35585
administration of grants, or to make applications as principal	35586
for grants for county land reutilization corporations.	35587

(I) To exercise the powers enumerated under Chapter 5722. of	35588
the Revised Code on behalf of a county that organizes or contracts	35589
with a county land reutilization corporation.	35590

(J) To engage in code enforcement and nuisance abatement,	35591
including, but not limited to, cutting grass and weeds, boarding	35592
up vacant or abandoned structures, and demolishing condemned	35593
structures on properties that are subject to a delinquent tax or	35594
assessment lien, or property for which a municipal corporation or	35595
township has contracted with a county land reutilization	35596
corporation to provide code enforcement or nuisance abatement	35597
assistance.	35598

(K) To charge fees or exchange in-kind goods or services for	35599
services rendered to political subdivisions and other persons or	35600
entities for whom services are rendered.	35601

(L) To employ and provide compensation for an executive	35602
director who shall manage the operations of a county land	35603
reutilization corporation and employ others for the benefit of	35604
the corporation as approved and funded by the board of directors.	35605
No employee of the corporation is or shall be deemed to be an	35606
employee of the political subdivision for whose benefit the	35607
corporation is organized solely because the employee is employed	35608
by the corporation;	35609

(M) To purchase tax certificates at auction, negotiated sale,	35610
or from a third party who purchased and is a holder of one or more	35611
tax certificates issued pursuant to sections 5721.30 to 5721.43	35612
of the Revised Code;	35613

(N) To be assigned a mortgage on real property from a	35614
mortgagee in lieu of acquiring such real property subject to a	35615
mortgage. ~~No mortgage shall be transferred or assigned to a county~~	35616
~~land reutilization corporation after two years following the~~	35617
~~filing of its articles of incorporation by the secretary of state.~~	35618

(O) To do all acts and things necessary or convenient to	35619
carry out the purposes of section 1724.01 of the Revised Code and	35620
the powers especially created for a community improvement	35621
corporation in Chapter 1724. of the Revised Code, including, but	35622
not limited to, contracting with the federal government, the state	35623
or any political subdivision, and any other party, whether	35624
nonprofit or for-profit.	35625

The powers enumerated in this chapter shall not be construed	35626
to limit the general powers of a community improvement	35627
corporation. The powers granted under this chapter are in addition	35628
to those powers granted by any other chapter of the Revised Code,	35629
but, as to a county land reutilization corporation, shall be used	35630
only for the purposes enumerated under division (B)(2) of section	35631
1724.01 of the Revised Code. ~~Notwithstanding any other provision~~	35632
~~in the Revised Code granting such authority, a county land~~	35633
~~reutilization corporation may not acquire any interest in real~~	35634
~~property after two years following the filing of its articles of~~	35635
~~incorporation by the secretary of state.~~	35636

Sec. 1724.04. A county having a population of more than	35637
one million two hundred thousand as of the most recent decennial	35638
census that elects under section 5722.02 of the Revised Code to	35639
adopt and implement the procedures set forth in sections 5722.02	35640
to 5722.15 of the Revised Code may organize a county land	35641
reutilization corporation under this chapter and Chapter 1702.	35642
of the Revised Code for the purpose of exercising the powers	35643
granted to a county under Chapter 5722. of the Revised Code. The	35644
county treasurer of the county for the benefit of which the	35645
corporation is being organized shall be the incorporator of the	35646
county land reutilization corporation. The form of the articles	35647
of incorporation of the corporation shall be approved by	35648
resolution of the board of county commissioners of the county. A	35649
~~county land reutilization corporation may not be organized under~~	35650
~~this chapter after the day that is one year after the effective~~	35651
~~date of the amendment of this section by S.B. 353 of the 127th~~	35652
~~General Assembly~~.	35653

When the articles of incorporation of any community	35654
improvement corporation, or any amendment, amended articles,	35655
merger, or consolidation which provides for the creation of such a	35656
corporation, are deposited for filing and recording in the office	35657
of the secretary of state, the secretary of state shall submit	35658
them to the attorney general for examination. If such articles,	35659
amendment, amended articles, merger, or consolidation, are found	35660
by the attorney general to be in accordance with Chapter 1724. of	35661
the Revised Code, and not inconsistent with the constitution and	35662
laws of the United States and of this state, the attorney general	35663
shall endorse thereon the attorney general's approval and deliver	35664
them to the secretary of state, who shall file and record them	35665
pursuant to section 1702.07 of the Revised Code.	35666

Sec. 1733.252. (A) As used in this section, "nationwide	35667
mortgage licensing system and registry" has the same meaning as in	35668
section 1322.01 of the Revised Code.	35669

(B) Subject to division (C) of this section, each credit	35670
union, the subsidiaries of the credit union, and the loan	35671
originators employed by the credit union, shall comply with the	35672
"Secure and Fair Enforcement for Mortgage Licensing Act of 2008,"	35673
122 Stat. 2810, 12 U.S.C. 5101, and register with the nationwide	35674
mortgage licensing system and registry.	35675

(C) Compliance by a credit union insured by a credit union	35676
share guaranty corporation established under Chapter 1761. of the	35677
Revised Code, the subsidiaries of the credit union, and the loan	35678
originators employed by the credit union shall be determined by	35679
rules adopted by the superintendent of financial institutions in	35680
accordance with Chapter 119. of the Revised Code. At a minimum,	35681
the rules shall require loan originators to furnish to the	35682
nationwide mortgage licensing system and registry information	35683
concerning the loan originator's identity and be consistent with	35684
the requirements for federally insured credit unions adopted by	35685
the national credit union administration pursuant to the "Secure	35686
and Fair Enforcement for Mortgage Licensing Act of 2008.	35687

Sec. 1733.26. (A) The credit committee may be delegated the	35688
authority to appoint one or more loan officers, and delegate to	35689
them power to approve loans within limits fixed by the	35690
regulations, bylaws, or resolutions of the board of directors. If	35691
the regulations so provide, the board may appoint one or more loan	35692
officers, and delegate to them the power to approve loans within	35693
limits fixed by the regulations, bylaws, or resolutions of the	35694
board. The authority of loan officers may also be further	35695
restricted by policies established by the credit committee or the	35696
board. Such loan officers also may be loan originators registered	35697
with the nationwide mortgage licensing system and registry as	35698
provided in section 1733.252 of the Revised Code.	35699

(B) Each loan officer appointed pursuant to division (A) of	35700
this section shall, within seven days of the filing of each loan	35701
application received by ~~him~~the loan officer from a member or by	35702
referral from another officer, furnish to the credit committee or	35703
to the board, whichever is applicable, a record of such	35704
application and ~~his~~the loan officer's disposition or	35705
recommendation for disposition of it. No person shall have	35706
authority to disburse funds of the credit union for any loan which	35707
has been approved by ~~him~~the loan officer in ~~his~~the capacity as a	35708
loan officer.	35709

(C) If the regulations provide for a credit committee, all	35710
applications for loans not approved by a loan officer may be	35711
reviewed by the credit committee, and the approval of the majority	35712
of the members of the committee who are present at the meeting	35713
when the review is undertaken shall be required to reverse the	35714
decision of the loan officer, provided that a majority of the full	35715
committee is present.	35716

In the absence of a credit committee, the board shall, upon	35717
the written request of a member, review a loan application denied	35718
by a loan officer.	35719

Sec. 1739.05. (A) A multiple employer welfare arrangement	35720
that is created pursuant to sections 1739.01 to 1739.22 of the	35721
Revised Code and that operates a group self-insurance program may	35722
be established only if any of the following applies:	35723

(1) The arrangement has and maintains a minimum enrollment of	35724
three hundred employees of two or more employers.	35725

(2) The arrangement has and maintains a minimum enrollment of	35726
three hundred self-employed individuals.	35727

(3) The arrangement has and maintains a minimum enrollment of	35728
three hundred employees or self-employed individuals in any	35729
combination of divisions (A)(1) and (2) of this section.	35730

(B) A multiple employer welfare arrangement that is created	35731
pursuant to sections 1739.01 to 1739.22 of the Revised Code and	35732
that operates a group self-insurance program shall comply with all	35733
laws applicable to self-funded programs in this state, including	35734
sections 3901.04, 3901.041, 3901.19 to 3901.26, 3901.38, 3901.381	35735
to 3901.3814, 3901.40, 3901.45, 3901.46, 3902.01 to 3902.14,	35736
3923.24, 3923.282, 3923.30, 3923.301, 3923.38, 3923.581,	35737
3923.63, 3923.80, 3924.031, 3924.032, and 3924.27 of the	35738
Revised Code.	35739

(C) A multiple employer welfare arrangement created pursuant	35740
to sections 1739.01 to 1739.22 of the Revised Code shall solicit	35741
enrollments only through agents or solicitors licensed pursuant to	35742
Chapter 3905. of the Revised Code to sell or solicit sickness and	35743
accident insurance.	35744

(D) A multiple employer welfare arrangement created pursuant	35745
to sections 1739.01 to 1739.22 of the Revised Code shall provide	35746
benefits only to individuals who are members, employees of	35747
members, or the dependents of members or employees, or are	35748
eligible for continuation of coverage under section 1751.53 or	35749
3923.38 of the Revised Code or under Title X of the "Consolidated	35750
Omnibus Budget Reconciliation Act of 1985," 100 Stat. 227, 29	35751
U.S.C.A. 1161, as amended.	35752

Sec. 1751.03. (A) Each application for a certificate of	35753
authority under this chapter shall be verified by an officer or	35754
authorized representative of the applicant, shall be in a format	35755
prescribed by the superintendent of insurance, and shall set forth	35756
or be accompanied by the following:	35757

(1) A certified copy of the applicant's articles of	35758
incorporation and all amendments to the articles of incorporation;	35759

(2) A copy of any regulations adopted for the government of	35760
the corporation, any bylaws, and any similar documents, and a copy	35761
of all amendments to these regulations, bylaws, and documents. The	35762
corporate secretary shall certify that these regulations, bylaws,	35763
documents, and amendments have been properly adopted or approved.	35764

(3) A list of the names, addresses, and official positions of	35765
the persons responsible for the conduct of the applicant,	35766
including all members of the board, the principal officers, and	35767
the person responsible for completing or filing financial	35768
statements with the department of insurance, accompanied by a	35769
completed original biographical affidavit and release of	35770
information for each of these persons on forms acceptable to the	35771
department;	35772

(4) A full and complete disclosure of the extent and nature	35773
of any contractual or other financial arrangement between the	35774
applicant and any provider or a person listed in division (A)(3)	35775
of this section, including, but not limited to, a full and	35776
complete disclosure of the financial interest held by any such	35777
provider or person in any health care facility, provider, or	35778
insurer that has entered into a financial relationship with the	35779
health insuring corporation;	35780

(5) A description of the applicant, its facilities, and its	35781
personnel, including, but not limited to, the location, hours of	35782
operation, and telephone numbers of all contracted facilities;	35783

(6) The applicant's projected annual enrollee population over	35784
a three-year period;	35785

(7) A clear and specific description of the health care plan	35786
or plans to be used by the applicant, including a description of	35787
the proposed providers, procedures for accessing care, and the	35788
form of all proposed and existing contracts relating to the	35789
administration, delivery, or financing of health care services;	35790

(8) A copy of each type of evidence of coverage and	35791
identification card or similar document to be issued to	35792
subscribers;	35793

(9) A copy of each type of individual or group policy,	35794
contract, or agreement to be used;	35795

(10) The schedule of the proposed contractual periodic	35796
prepayments or premium rates, or both, accompanied by appropriate	35797
supporting data;	35798

(11) A financial plan which provides a three-year projection	35799
of operating results, including the projected expenses, income,	35800
and sources of working capital;	35801

(12) The enrollee complaint procedure to be utilized as	35802
required under section 1751.19 of the Revised Code;	35803

(13) A description of the procedures and programs to be	35804
implemented on an ongoing basis to assure the quality of health	35805
care services delivered to enrollees, including, if applicable, a	35806
description of a quality assurance program complying with the	35807
requirements of sections 1751.73 to 1751.75 of the Revised Code;	35808

(14) A statement describing the geographic area or areas to	35809
be served, by county;	35810

(15) A copy of all solicitation documents;

35811

(16) A balance sheet and other financial statements showing	35812
the applicant's assets, liabilities, income, and other sources of	35813
financial support;	35814

(17) A description of the nature and extent of any	35815
reinsurance program to be implemented, and a demonstration that	35816
errors and omission insurance and, if appropriate, fidelity	35817
insurance, will be in place upon the applicant's receipt of a	35818
certificate of authority;	35819

(18) Copies of all proposed or in force related-party or	35820
intercompany agreements with an explanation of the financial	35821
impact of these agreements on the applicant. If the applicant	35822
intends to enter into a contract for managerial or administrative	35823
services, with either an affiliated or an unaffiliated person, the	35824
applicant shall provide a copy of the contract and a detailed	35825
description of the person to provide these services. The	35826
description shall include that person's experience in managing or	35827
administering health care plans, a copy of that person's most	35828
recent audited financial statement, and a completed biographical	35829
affidavit on a form acceptable to the superintendent for each of	35830
that person's principal officers and board members and for any	35831
additional employee to be directly involved in providing	35832
managerial or administrative services to the health insuring	35833
corporation. If the person to provide managerial or administrative	35834
services is affiliated with the health insuring corporation, the	35835
contract must provide for payment for services based on actual	35836
costs.	35837

(19) A statement from the applicant's board that the admitted	35838
assets of the applicant have not been and will not be pledged or	35839
hypothecated;	35840

(20) A statement from the applicant's board that the	35841
applicant will submit monthly financial statements during the	35842
first year of operations;	35843

(21) The name and address of the applicant's Ohio statutory	35844
agent for service of process, notice, or demand;	35845

(22) Copies of all documents the applicant filed with the	35846
secretary of state;	35847

(23) The location of those books and records of the applicant	35848
that must be maintained, which books and records shall be	35849
maintained in Ohio if the applicant is a domestic corporation, and	35850
which may be maintained either in the applicant's state of	35851
domicile or in Ohio if the applicant is a foreign corporation;	35852

(24) The applicant's federal identification number, corporate	35853
address, and mailing address;	35854

(25) An internal and external organizational chart;

35855

(26) A list of the assets representing the initial net worth	35856
of the applicant;	35857

(27) If the applicant has a parent company, the parent	35858
company's guaranty, on a form acceptable to the superintendent,	35859
that the applicant will maintain Ohio's minimum net worth. If no	35860
parent company exists, a statement regarding the availability of	35861
future funds if needed.	35862

(28) The names and addresses of the applicant's actuary and	35863
external auditors;	35864

(29) If the applicant is a foreign corporation, a copy of the	35865
most recent financial statements filed with the insurance	35866
regulatory agency in the applicant's state of domicile;	35867

(30) If the applicant is a foreign corporation, a statement	35868
from the insurance regulatory agency of the applicant's state of	35869
domicile stating that the regulatory agency has no objection to	35870
the applicant applying for an Ohio license and that the applicant	35871
is in good standing in the applicant's state of domicile;	35872

(31) Any other information that the superintendent may	35873
require;	35874

(32) Documentation acceptable to the superintendent of the	35875
bond or securities required by section 1751.271 of the Revised	35876
Code.	35877

(B)(1) A health insuring corporation, unless otherwise	35878
provided for in this chapter or in section 3901.321 of the Revised	35879
Code, shall file a timely notice with the superintendent	35880
describing any change to the corporation's articles of	35881
incorporation or regulations, or any major modification to its	35882
operations as set out in the information required by division (A)	35883
of this section that affects any of the following:	35884

(a) The solvency of the health insuring corporation;

35885

(b) The health insuring corporation's continued provision of	35886
services that it has contracted to provide;	35887

(c) The manner in which the health insuring corporation	35888
conducts its business.	35889

(2) If the change or modification is to be the result of an	35890
action to be taken by the health insuring corporation, the notice	35891
shall be filed with the superintendent prior to the health	35892
insuring corporation taking the action. The action shall be deemed	35893
approved if the superintendent does not disapprove it within sixty	35894
days of filing.	35895

(3) The filing of a notice pursuant to division (B)(1) or (2)	35896
of this section shall also serve as the submission of a notice	35897
when required for the superintendent's review for purposes of	35898
section 3901.341 of the Revised Code, if the notice contains all	35899
of the information that section 3901.341 of the Revised Code	35900
requires for such submissions and a copy of any written agreement.	35901
The filing of such a notice, for the purpose of satisfying this	35902
division and section 3901.341 of the Revised Code, shall be	35903
subject to the sixty-day review period of division (B)(2) of this	35904
section.	35905

(C)(1) No health insuring corporation shall expand its	35906
approved service area until a copy of the request for expansion,	35907
accompanied by documentation of the network of providers, forms of	35908
all proposed or existing provider contracts relating to the	35909
delivery of health care services, a schedule of proposed	35910
contractual periodic prepayments and premium rates for group	35911
contracts accompanied by appropriate supporting data, enrollment	35912
projections, plan of operation, and any other changes have been	35913
filed with the superintendent.	35914

(2) ~~Within ten calendar days after receipt of a complete~~	35915
~~filing under division (C)(1) of this section, the superintendent~~	35916
~~shall refer the appropriate jurisdictional issues to the director~~	35917
~~of health if required pursuant to section 1751.04 of the Revised~~	35918
~~Code.~~	35919

~~(3)~~ Within seventy-five days after the superintendent's	35920
receipt of a complete filing under division (C)(1) of this	35921
section, the superintendent shall determine whether the plan for	35922
expansion is lawful, fair, and reasonable. ~~If a referral is~~	35923
~~required pursuant to section 1751.04 of the Revised Code, the~~	35924
~~superintendent may not make a determination until the~~	35925
~~superintendent has received the director's certification of~~	35926
~~compliance, which the director shall furnish within forty-five~~	35927
~~days after the referral under division (C)(2) of this section. The~~	35928
~~director shall not certify that the requirements of section~~	35929
~~1751.04 of the Revised Code are not met, unless the applicant has~~	35930
~~been given an opportunity for a hearing as provided in division~~	35931
~~(D) of section 1751.04 of the Revised Code. The forty-five-day and~~	35932
~~seventy-five-day review periods provided for in division (C)(3) of~~	35933
~~this section shall cease to run as of the date on which the notice~~	35934
~~of the applicant's right to request a hearing is mailed and shall~~	35935
~~remain suspended until the director issues a final certification.~~	35936

~~(4)~~ If the superintendent has not approved or disapproved all	35937
or a portion of a service area expansion within the	35938
seventy-five-day period ~~provided for in division (C)(3) of this~~	35939
~~section~~, the filing shall be deemed approved.	35940

~~(5)~~(3) Disapproval of all or a portion of the filing shall be	35941
effected by written notice, which shall state the grounds for the	35942
order of disapproval and shall be given in accordance with Chapter	35943
119. of the Revised Code.	35944

Sec. 1751.04. (A) Except as provided by division ~~(F)~~(D) of	35945
this section, upon the receipt by the superintendent of insurance	35946
of a complete application for a certificate of authority to	35947
establish or operate a health insuring corporation, which	35948
application sets forth or is accompanied by the information and	35949
documents required by division (A) of section 1751.03 of the	35950
Revised Code, the superintendent shall ~~transmit copies of the~~	35951
~~application and accompanying documents to the director of health.~~	35952

~~(B) The director shall~~ review the application and	35953
accompanying documents and make findings as to whether the	35954
applicant for a certificate of authority has done all of the	35955
following with respect to any basic health care services and	35956
supplemental health care services to be furnished:	35957

(1) Demonstrated the willingness and potential ability to	35958
ensure that all basic health care services and supplemental health	35959
care services described in the evidence of coverage will be	35960
provided to all its enrollees as promptly as is appropriate and in	35961
a manner that assures continuity;	35962

(2) Made effective arrangements to ensure that its enrollees	35963
have reliable access to qualified providers in those specialties	35964
that are generally available in the geographic area or areas to be	35965
served by the applicant and that are necessary to provide all	35966
basic health care services and supplemental health care services	35967
described in the evidence of coverage;	35968

(3) Made appropriate arrangements for the availability of	35969
short-term health care services in emergencies within the	35970
geographic area or areas to be served by the applicant,	35971
twenty-four hours per day, seven days per week, and for the	35972
provision of adequate coverage whenever an out-of-area emergency	35973
arises;	35974

(4) Made appropriate arrangements for an ongoing evaluation	35975
and assurance of the quality of health care services provided to	35976
enrollees, including, if applicable, the development of a quality	35977
assurance program complying with the requirements of sections	35978
1751.73 to 1751.75 of the Revised Code, and the adequacy of the	35979
personnel, facilities, and equipment by or through which the	35980
services are rendered;	35981

(5) Developed a procedure to gather and report statistics	35982
relating to the cost and effectiveness of its operations, the	35983
pattern of utilization of its services, and the quality,	35984
availability, and accessibility of its services.	35985

~~(C) Within ninety days of the director's receipt of~~(B) Based	35986
upon the information provided in the application for issuance of a	35987
certificate of authority, the ~~director shall certify to the~~	35988
superintendent shall determine whether or not the applicant meets	35989
the requirements of division ~~(B)~~(A) of this section ~~and sections~~	35990
~~3702.51 to 3702.62 of the Revised Code~~. If the ~~director certifies~~	35991
superintendent determines that the applicant does not meet these	35992
requirements, the ~~director~~superintendent shall specify in what	35993
respects it is deficient. However, the ~~director~~superintendent	35994
shall not ~~certify that~~deny an application because the	35995
requirements of this section are not met unless the applicant has	35996
been given an opportunity for a hearing on that issue.	35997

~~(D)~~(C) If the applicant requests a hearing, the ~~director~~	35998
superintendent shall hold a hearing before ~~certifying that~~	35999
denying an application because the applicant does not meet the	36000
requirements of this section. The hearing shall be held in	36001
accordance with Chapter 119. of the Revised Code.	36002

~~(E) The ninety-day review period provided for under division~~	36003
~~(C) of this section shall cease to run as of the date on which the~~	36004
~~notice of the applicant's right to request a hearing is mailed and~~	36005
~~shall remain suspended until the director issues a final~~	36006
~~certification order.~~	36007

~~(F)~~(D) Nothing in this section requires the ~~director~~	36008
superintendent to review or make findings with regard to an	36009
application and accompanying documents to establish or operate	36010
any of the following:	36011

(1) A health insuring corporation to cover solely medicaid	36012
recipients;	36013

(2) A health insuring corporation to cover solely medicare	36014
beneficiaries;	36015

(3) A health insuring corporation to cover solely medicaid	36016
recipients and medicare beneficiaries;	36017

(4) A health insuring corporation to cover solely	36018
participants of the children's buy-in program;	36019

(5) A health insuring corporation to cover solely medicaid	36020
recipients and participants of the children's buy-in program;	36021

(6) A health insuring corporation to cover solely medicaid	36022
recipients, medicare beneficiaries, and participants of the	36023
children's buy-in program.	36024

Sec. 1751.05. (A) The superintendent of insurance shall	36025
issue or deny a certificate of authority to ~~health insuring~~	36026
~~corporations within the deadlines specified as follows:~~	36027

~~(1) For~~ a health insuring corporation filing an application	36028
pursuant to section 1751.03 of the Revised Code, ~~forty-five days~~	36029
~~from the superintendent's receipt of the certification from the~~	36030
~~director of health under division (C) of section 1751.04 of the~~	36031
~~Revised Code;~~	36032

~~(2) One~~one hundred thirty-five days from the	36033
superintendent's receipt of a complete application and	36034
accompanying documents ~~if the health insuring corporation is to~~	36035
~~cover solely the following:~~	36036

~~(a) Medicaid recipients;~~

36037

~~(b) Medicare beneficiaries;~~

36038

~~(c) Medicaid recipients and medicare beneficiaries;~~

36039

~~(d) Participants of the children's buy-in program;~~

36040

~~(e) Medicaid recipients and participants of the children's~~	36041
~~buy-in program;~~	36042

~~(f) Medicaid recipients, medicare beneficiaries, and~~	36043
~~participants of the children's buy-in program~~.	36044

(B) A certificate of authority shall be issued upon payment	36045
of the application fee prescribed in section 1751.44 of the	36046
Revised Code if the superintendent is satisfied that the following	36047
conditions are met:	36048

(1) The persons responsible for the conduct of the affairs of	36049
the applicant are competent, trustworthy, and possess good	36050
reputations.	36051

(2) The ~~director certifies~~superintendent determines, in	36052
accordance with division ~~(C)~~(B) of section 1751.04 of the Revised	36053
Code, that the organization's proposed plan of operation meets	36054
the requirements of division ~~(B)~~(A) of that section ~~and sections~~	36055
~~3702.51 to 3702.62 of the Revised Code~~. ~~If, after the director~~	36056
~~has certified compliance, the application is amended in a manner~~	36057
~~that affects its approval under section 1751.04 of the Revised~~	36058
~~Code, the superintendent shall request the director to review and~~	36059
~~recertify the amended plan of operation. Within forty-five days~~	36060
~~of receipt of the amended plan from the superintendent, the~~	36061
~~director shall certify to the superintendent, pursuant to section~~	36062
~~1751.04 of the Revised Code, whether or not the amended plan~~	36063
~~meets the requirements of section 1751.04 of the Revised Code.~~	36064
~~The superintendent's forty-five-day review period shall cease to~~	36065
~~run as of the date on which the amended plan is transmitted to~~	36066
~~the director and shall remain suspended until the superintendent~~	36067
~~receives a new certification from the director.~~	36068

(3) The applicant constitutes an appropriate mechanism to	36069
effectively provide or arrange for the provision of the basic	36070
health care services, supplemental health care services, or	36071
specialty health care services to be provided to enrollees.	36072

(4) The applicant is financially responsible, complies with	36073
section 1751.28 of the Revised Code, and may reasonably be	36074
expected to meet its obligations to enrollees and prospective	36075
enrollees. In making this determination, the superintendent may	36076
consider:	36077

(a) The financial soundness of the applicant's arrangements	36078
for health care services, including the applicant's proposed	36079
contractual periodic prepayments or premiums and the use of	36080
copayments and deductibles;	36081

(b) The adequacy of working capital;

36082

(c) Any agreement with an insurer, a government, or any other	36083
person for insuring the payment of the cost of health care	36084
services or providing for automatic applicability of an	36085
alternative coverage in the event of discontinuance of the health	36086
insuring corporation's operations;	36087

(d) Any agreement with providers or health care facilities	36088
for the provision of health care services;	36089

(e) Any deposit of securities submitted in accordance with	36090
section 1751.27 of the Revised Code as a guarantee that the	36091
obligations will be performed.	36092

(5) The applicant has submitted documentation of an	36093
arrangement to provide health care services to its enrollees until	36094
the expiration of the enrollees' contracts with the applicant if a	36095
health care plan or the operations of the health insuring	36096
corporation are discontinued prior to the expiration of the	36097
enrollees' contracts. An arrangement to provide health care	36098
services may be made by using any one, or any combination, of the	36099
following methods:	36100

(a) The maintenance of insolvency insurance;

36101

(b) A provision in contracts with providers and health care	36102
facilities, but no health insuring corporation shall rely solely	36103
on such a provision for more than thirty days;	36104

(c) An agreement with other health insuring corporations or	36105
insurers, providing enrollees with automatic conversion rights	36106
upon the discontinuation of a health care plan or the health	36107
insuring corporation's operations;	36108

(d) Such other methods as approved by the superintendent.

36109

(6) Nothing in the applicant's proposed method of operation,	36110
as shown by the information submitted pursuant to section 1751.03	36111
of the Revised Code or by independent investigation, will cause	36112
harm to an enrollee or to the public at large, as determined by	36113
the superintendent.	36114

(7) Any deficiencies ~~certified~~identified by the ~~director~~	36115
superintendent under section 1751.04 of the Revised Code have been	36116
corrected.	36117

(8) The applicant has deposited securities as set forth in	36118
section 1751.27 of the Revised Code.	36119

(C) If an applicant elects to fulfill the requirements of	36120
division ~~(A)~~(B)(5) of this section through an agreement with other	36121
health insuring corporations or insurers, the agreement shall	36122
require those health insuring corporations or insurers to give	36123
thirty days' notice to the superintendent prior to cancellation or	36124
discontinuation of the agreement for any reason.	36125

(D) A certificate of authority shall be denied only after	36126
compliance with the requirements of section 1751.36 of the Revised	36127
Code.	36128

Sec. 1751.14. (A) ~~Any~~Notwithstanding section 3901.71 of	36129
the Revised Code, any policy, contract, or agreement for health	36130
care services authorized by this chapter that is issued,	36131
delivered, or renewed in this state and that provides that	36132
coverage of an unmarried dependent child will terminate upon	36133
attainment of the limiting age for dependent children specified	36134
in the policy, contract, or agreement, shall also provide in	36135
substance ~~that~~both of the following:	36136

(1) Once an unmarried child has attained the limiting age for	36137
dependent children, as provided in the policy, contract, or	36138
agreement, upon the request of the subscriber, the health insuring	36139
corporation shall offer to cover the unmarried child until the	36140
child attains twenty-eight years of age if all of the following	36141
are true:	36142

(a) The child is the natural child, stepchild, or adopted	36143
child of the subscriber.	36144

(b) The child is a resident of this state or a full-time	36145
student at an accredited public or private institution of higher	36146
education.	36147

(c) The child is not employed by an employer that offers any	36148
health benefit plan under which the child is eligible for	36149
coverage.	36150

(d) After having attained the limiting age, the child has	36151
been continuously covered under any health benefit plan.	36152

(e) The child is not eligible for coverage under the medicaid	36153
program established under Chapter 5111. of the Revised Code or the	36154
medicare program established under Title XVIII of the "Social	36155
Security Act," 42 U.S.C. 1395.	36156

(2) That attainment of the limiting age for dependent	36157
children shall not operate to terminate the coverage of ~~the~~a	36158
dependent child if the child is and continues to be both of the	36159
following:	36160

~~(1)~~(a) Incapable of self-sustaining employment by reason of	36161
mental retardation or physical handicap;	36162

~~(2)~~(b) Primarily dependent upon the subscriber for support	36163
and maintenance.	36164

(B) Proof of incapacity and dependence for purposes of	36165
division (A)(2) of this section shall be furnished to the health	36166
insuring corporation within thirty-one days of the child's	36167
attainment of the limiting age. Upon request, but not more	36168
frequently than annually, the health insuring corporation may	36169
require proof satisfactory to it of the continuance of such	36170
incapacity and dependency.	36171

36172

(1) Require that any policy, contract, or agreement offer	36173
coverage for dependent children or provide coverage for an	36174
unmarried dependent child's children as dependents on the	36175
policy, contract, or agreement;	36176

(2) Require an employer to pay for any part of the premium	36177
for an unmarried dependent child that has attained the limiting	36178
age for dependents, as provided in the policy, contract, or	36179
agreement;	36180

(3) Require an employer to offer health insurance coverage to	36181
the dependents of any employee.	36182

(D) This section does not apply to any health insuring	36183
corporation policy, contract, or agreement offering only	36184
supplemental health care services or specialty health care	36185
services.	36186

(E) As used in this section, "health benefit plan" has the	36187
same meaning as in section 3924.01 of the Revised Code and also	36188
includes both of the following:	36189

(1) A public employee benefit plan;

36190

(2) A health benefit plan as regulated under the "Employee	36191
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	36192

Sec. 1751.15. (A) ~~After a health insuring corporation has~~	36193
~~furnished, directly or indirectly, basic health care services for~~	36194
~~a period of twenty-four months, and if it currently meets the~~	36195
~~financial requirements set forth in section 1751.28 of the Revised~~	36196
~~Code and had net income as reported to the superintendent of~~	36197
~~insurance for at least one of the preceding four calendar~~	36198
~~quarters, it shall hold an annual open enrollment period of not~~	36199
~~less than thirty days during its month of licensure for~~	36200
~~individuals who are not federally eligible individuals at the time~~	36201
~~they apply for enrollment.~~	36202

~~(B) During the open enrollment period described in division~~	36203
~~(A) of this section, the health insuring corporation shall accept~~	36204
~~applicants and their dependents in the order in which they apply~~	36205
~~for enrollment and in accordance with any of the following:~~	36206

~~(1) Up to its capacity, as determined by the health insuring~~	36207
~~corporation subject to review by the superintendent;~~	36208

~~(2) If less than its capacity, one per cent of the health~~	36209
~~insuring corporation's total number of subscribers residing in~~	36210
~~this state as of the immediately preceding thirty-first day of~~	36211
~~December.~~	36212

~~(C) Where a health insuring corporation demonstrates to the~~	36213
~~satisfaction of the superintendent that such open enrollment would~~	36214
~~jeopardize its economic viability, the superintendent may do any~~	36215
~~of the following:~~	36216

~~(1) Waive the requirement for open enrollment;~~

36217

~~(2) Impose a limit on the number of applicants and their~~	36218
~~dependents that must be enrolled;~~	36219

~~(3) Authorize such underwriting restrictions upon open~~	36220
~~enrollment as are necessary to do any of the following:~~	36221

~~(a) Preserve its financial stability;~~

36222

~~(b) Prevent excessive adverse selection;~~

36223

~~(c) Avoid unreasonably high or unmarketable charges for~~	36224
~~coverage of health care services.~~	36225

~~(D)(1) A request to the superintendent under division (C) of~~	36226
~~this section for any restriction, limit, or waiver during an open~~	36227
~~enrollment period must be accompanied by supporting documentation,~~	36228
~~including financial data. In reviewing the request, the~~	36229
~~superintendent may consider various factors, including the size of~~	36230
~~the health insuring corporation, the health insuring corporation's~~	36231
~~net worth and profitability, the health insuring corporation's~~	36232
~~delivery system structure, and the effect on profitability of~~	36233
~~prior open enrollments.~~	36234

~~(2) Any action taken by the superintendent under division (C)~~	36235
~~of this section shall be effective for a period of not more than~~	36236
~~one year. At the expiration of such time, a new demonstration of~~	36237
~~the health insuring corporation's need for the restriction, limit,~~	36238
~~or waiver shall be made before a new restriction, limit, or waiver~~	36239
~~is granted by the superintendent.~~	36240

~~(3) Irrespective of the granting of any restriction, limit,~~	36241
~~or waiver by the superintendent, a health insuring corporation may~~	36242
~~reject an applicant or a dependent of the applicant during its~~	36243
~~open enrollment period if the applicant or dependent:~~	36244

~~(a) Was eligible for and was covered under any~~	36245
~~employer-sponsored health care coverage, or if employer-sponsored~~	36246
~~health care coverage was available at the time of open enrollment;~~	36247

~~(b) Is eligible for continuation coverage under state or~~	36248
~~federal law;~~	36249

~~(c) Is eligible for medicare, and the health insuring~~	36250
~~corporation does not have an agreement on appropriate payment~~	36251
~~mechanisms with the governmental agency administering the medicare~~	36252
~~program.~~	36253

~~(E) A health insuring corporation shall not be required~~	36254
~~either to enroll applicants or their dependents who are confined~~	36255
~~to a health care facility because of chronic illness, permanent~~	36256
~~injury, or other infirmity that would cause economic impairment to~~	36257
~~the health insuring corporation if such applicants or their~~	36258
~~dependents were enrolled or to make the effective date of benefits~~	36259
~~for applicants or their dependents enrolled under this section~~	36260
~~earlier than ninety days after the date of enrollment.~~	36261

~~(F) A health insuring corporation shall not be required to~~	36262
~~cover the fees or costs, or both, for any basic health care~~	36263
~~service related to a transplant of a body organ if the transplant~~	36264
~~occurs within one year after the effective date of an enrollee's~~	36265
~~coverage under this section. This limitation on coverage does not~~	36266
~~apply to a newly born child who meets the requirements for~~	36267
~~coverage under section 1751.61 of the Revised Code.~~	36268

~~(G) Each health insuring corporation required to hold an open~~	36269
~~enrollment pursuant to division (A) of this section shall file~~	36270
~~with the superintendent, not later than sixty days prior to the~~	36271
~~commencement of the proposed open enrollment period, the following~~	36272
~~documents:~~	36273

~~(1) The proposed public notice of open enrollment;~~

36274

~~(2) The evidence of coverage approved pursuant to section~~	36275
~~1751.11 of the Revised Code that will be used during open~~	36276
~~enrollment;~~	36277

~~(3) The contractual periodic prepayment and premium rate~~	36278
~~approved pursuant to section 1751.12 of the Revised Code that will~~	36279
~~be applicable during open enrollment;~~	36280

~~(4) Any solicitation document approved pursuant to section~~	36281
~~1751.31 of the Revised Code to be sent to applicants, including~~	36282
~~the application form that will be used during open enrollment;~~	36283

~~(5) A list of the proposed dates of publication of the public~~	36284
~~notice, and the names of the newspapers in which the notice will~~	36285
~~appear;~~	36286

~~(6) Any request for a restriction, limit, or waiver with~~	36287
~~respect to the open enrollment period, along with any supporting~~	36288
~~documentation.~~	36289

~~(H)(1) An open enrollment period shall not satisfy the~~	36290
~~requirements of this section unless the health insuring~~	36291
~~corporation provides adequate public notice in accordance with~~	36292
~~divisions (H)(2) and (3) of this section. No public notice shall~~	36293
~~be used until the form of the public notice has been filed by the~~	36294
~~health insuring corporation with the superintendent. If the~~	36295
~~superintendent does not disapprove the public notice within sixty~~	36296
~~days after it is filed, it shall be deemed approved, unless the~~	36297
~~superintendent sooner gives approval for the public notice. If the~~	36298
~~superintendent determines within this sixty-day period that the~~	36299
~~public notice fails to meet the requirements of this section, the~~	36300
~~superintendent shall so notify the health insuring corporation and~~	36301
~~it shall be unlawful for the health insuring corporation to use~~	36302
~~the public notice. Such disapproval shall be effected by a written~~	36303
~~order, which shall state the grounds for disapproval and shall be~~	36304
~~issued in accordance with Chapter 119. of the Revised Code.~~	36305

~~(2) A public notice pursuant to division (H)(1) of this~~	36306
~~section shall be published in at least one newspaper of general~~	36307
~~circulation in each county in the health insuring corporation's~~	36308
~~service area, at least once in each of the two weeks immediately~~	36309
~~preceding the month in which the open enrollment is to occur and~~	36310
~~in each week of that month, or until the enrollment limitation is~~	36311
~~reached, whichever occurs first. The notice published during the~~	36312
~~last week of open enrollment shall appear not less than five days~~	36313
~~before the end of the open enrollment period. It shall be at least~~	36314
~~two newspaper columns wide or two and one-half inches wide,~~	36315
~~whichever is larger. The first two lines of the text shall be~~	36316
~~published in not less than twelve-point, boldface type. The~~	36317
~~remainder of the text of the notice shall be published in not less~~	36318
~~than eight-point type. The entire public notice shall be~~	36319
~~surrounded by a continuous black line not less than one-eighth of~~	36320
~~an inch wide.~~	36321

~~(3) The following information shall be included in the public~~	36322
~~notice provided under division (H)(2) of this section:~~	36323

~~(a) The dates that open enrollment will be held and the date~~	36324
~~coverage obtained under the open enrollment will become effective;~~	36325

~~(b) Notice that an applicant or the applicant's dependents~~	36326
~~will not be denied coverage during open enrollment because of a~~	36327
~~preexisting health condition, but that some limitations and~~	36328
~~restrictions may apply;~~	36329

~~(c) The address where a person may obtain an application;~~

36330

~~(d) The telephone number that a person may call to request an~~	36331
~~application or to ask questions;~~	36332

~~(e) The date the first payment will be due;~~

36333

~~(f) The actual rates or range of rates that will be~~	36334
~~applicable for applicants;~~	36335

~~(g) Any limitation granted by the superintendent on the~~	36336
~~number of applications that will be accepted by the health~~	36337
~~insuring corporation.~~	36338

~~(4) Within thirty days after the end of an open enrollment~~	36339
~~period, the health insuring corporation shall submit to the~~	36340
~~superintendent proof of publication for the public notices, and~~	36341
~~shall report the total number of applicants and their dependents~~	36342
~~enrolled during the open enrollment period.~~	36343

~~(I)(1) No health insuring corporation may employ any scheme,~~	36344
~~plan, or device that restricts the ability of any person to enroll~~	36345
~~during open enrollment.~~	36346

~~(2) No health insuring corporation may require enrollment to~~	36347
~~be made in person. Every health insuring corporation shall permit~~	36348
~~application for coverage by mail. A representative of the health~~	36349
~~insuring corporation may visit an applicant who has submitted an~~	36350
~~application by mail, in order to explain the operations of the~~	36351
~~health insuring corporation and to answer any questions the~~	36352
~~applicant may have. Every health insuring corporation shall make~~	36353
~~open enrollment applications and solicitation documents readily~~	36354
~~available to any potential applicant who requests such material.~~	36355

~~(J) An application postmarked on the last day of an open~~	36356
~~enrollment period shall qualify as a valid application, regardless~~	36357
~~of the date on which it is received by the health insuring~~	36358
~~corporation.~~	36359

~~(K) This section does not apply to any of the following:~~

36360

~~(1) Any health insuring corporation that offers only~~	36361
~~supplemental health care services or specialty health care~~	36362
~~services;~~	36363

~~(2) Any health insuring corporation that offers plans only~~	36364
~~through medicare, medicaid, or the children's buy-in program and~~	36365
~~that has no other commercial enrollment;~~	36366

~~(3) Any health insuring corporation that offers plans only~~	36367
~~through other federal health care programs regulated by federal~~	36368
~~regulatory bodies and that has no other commercial enrollment;~~	36369

~~(4) Any health insuring corporation that offers plans only~~	36370
~~through contracts covering officers or employees of the state that~~	36371
~~have been entered into by the department of administrative~~	36372
~~services and that has no other commercial enrollment.~~	36373

~~(L)~~ Each health insuring corporation shall accept ~~federally~~	36374
~~eligible~~ individuals for open enrollment coverage as provided in	36375
~~section~~sections 3923.58 and 3923.581 of the Revised Code. A	36376
health insuring corporation may reinsure coverage of any ~~federally~~	36377
~~eligible~~ individual acquired under ~~that section~~those sections	36378
with the open enrollment reinsurance program in accordance with	36379
division (G) of section 3924.11 of the Revised Code. Fixed	36380
periodic prepayment rates charged for coverage reinsured by the	36381
program shall be established in accordance with section 3924.12	36382
of the Revised Code.	36383

~~(M) As used in this section, "federally eligible individual"~~	36384
~~means an eligible individual as defined in 45 C.F.R. 148.103.~~	36385

(B) This section does not apply to any of the following:

36386

(1) Any health insuring corporation that offers only	36387
supplemental health care services or specialty health care	36388
services;	36389

(2) Any health insuring corporation that offers plans only	36390
through medicare, medicaid, or the children's buy-in program and	36391
that has no other commercial enrollment;	36392

(3) Any health insuring corporation that offers plans only	36393
through other federal health care programs regulated by federal	36394
regulatory bodies and that has no other commercial enrollment;	36395

(4) Any health insuring corporation that offers plans only	36396
through contracts covering officers or employees of the state that	36397
have been entered into by the department of administrative	36398
services and that has no other commercial enrollment.	36399

Sec. 1751.16. (A) Except as provided in division (F) of this	36400
section, every group contract issued by a health insuring	36401
corporation shall provide an option for conversion to an	36402
individual contract issued on a direct-payment basis to any	36403
subscriber covered by the group contract who terminates employment	36404
or membership in the group, unless:	36405

(1) Termination of the conversion option or contract is based	36406
upon nonpayment of premium after reasonable notice in writing has	36407
been given by the health insuring corporation to the subscriber.	36408

(2) The subscriber is, or is eligible to be, covered for	36409
benefits at least comparable to the group contract under any of	36410
the following:	36411

(a) Medicare;

36412

(b) Any act of congress or law under this or any other state	36413
of the United States providing coverage at least comparable to the	36414
benefits under division (A)(2)(a) of this section;	36415

(c) Any policy of insurance or health care plan providing	36416
coverage at least comparable to the benefits under division	36417
(A)(2)(a) of this section.	36418

(B)(1) The direct-payment contract offered by the health	36419
insuring corporation pursuant to division (A) of this section	36420
shall provide the following:	36421

(a) In the case of an individual who is not a federally	36422
eligible individual, benefits comparable to benefits in any of the	36423
individual contracts then being issued to individual subscribers	36424
by the health insuring corporation;	36425

(b) In the case of a federally eligible individual, a basic	36426
and standard plan established ~~by the board of directors of the~~	36427
~~Ohio health reinsurance program~~under section 3924.10 of the	36428
Revised Code or plans substantially similar to the basic and	36429
standard plan in benefit design and scope of covered services. For	36430
purposes of division (B)(1)(b) of this section, the	36431
superintendent of insurance shall determine whether a plan is	36432
substantially similar to the basic or standard plan in benefit	36433
design and scope of covered services. The contractual periodic	36434
prepayments charged for such plans may not exceed ~~an amount that~~	36435
~~is two times the midpoint of the standard~~the amounts specified	36436
below:	36437

(i) For calendar years 2010 and 2011, an amount that is two	36438
times the base rate charged any other individual of a group to	36439
which the organization is currently accepting new business and	36440
for which similar copayments and deductibles are applied;	36441

(ii) For calendar year 2012 and every calendar year	36442
thereafter, an amount that is one and one-half times the base	36443
rate charged any other individual of a group to which the health	36444
insuring corporation is currently accepting new business and for	36445
which similar copayments and deductibles are applied, unless the	36446
superintendent of insurance determines that the amendments by	36447
this act to sections 3923.58 and 3923.581 of the Revised Code,	36448
have resulted in the market-wide average medical loss ratio for	36449
coverage sold to individual insureds and nonemployer group	36450
insureds in this state, including open enrollment insureds, to	36451
increase by more than five and one quarter percentage points	36452
during calendar year 2010. If the superintendent makes that	36453
determination, the premium limit established by division	36454
(B)(1)(b)(i) of this section shall remain in effect.	36455

(2) The direct payment contract offered pursuant to division	36456
(A) of this section may include a coordination of benefits	36457
provision as approved by the superintendent.	36458

(3) For purposes of division (B) of this section ~~"federally~~:

36459

(a) "Federally eligible individual" means an eligible	36460
individual as defined in 45 C.F.R. 148.103.	36461

(b) "Base rate" means, as to any health benefit plan that is	36462
issued by a health insuring corporation, the lowest premium rate	36463
for new or existing business prescribed by the health insuring	36464
corporation for the same or similar coverage under a plan or	36465
arrangement covering any individual in a group with similar case	36466
characteristics.	36467

36468

(1) Upon the death of the subscriber, to the surviving spouse	36469
with respect to such of the spouse and dependents as are then	36470
covered by the group contract;	36471

(2) To a child solely with respect to the child upon the	36472
child's attaining the limiting age of coverage under the group	36473
contract while covered as a dependent under the contract;	36474

(3) Upon the divorce, dissolution, or annulment of the	36475
marriage of the subscriber, to the divorced spouse, or, in the	36476
event of annulment, to the former spouse of the subscriber.	36477

(D) No health insuring corporation shall use age or health	36478
status as the basis for refusing to renew a converted contract.	36479

(E) Written notice of the conversion option provided by this	36480
section shall be given to the subscriber by the health insuring	36481
corporation by mail. The notice shall be sent to the subscriber's	36482
address in the records of the employer upon receipt of notice from	36483
the employer of the event giving rise to the conversion option. If	36484
the subscriber has not received notice of the conversion privilege	36485
at least fifteen days prior to the expiration of the thirty-day	36486
conversion period, then the subscriber shall have an additional	36487
period within which to exercise the privilege. This additional	36488
period shall expire fifteen days after the subscriber receives	36489
notice, but in no event shall the period extend beyond sixty days	36490
after the expiration of the thirty-day conversion period.	36491

(F) This section does not apply to any group contract	36492
offering only supplemental health care services or specialty	36493
health care services.	36494

Sec. 1751.18. (A)(1) No health insuring corporation shall	36495
cancel or fail to renew the coverage of a subscriber or enrollee	36496
because of any health status-related factor in relation to the	36497
subscriber or enrollee, the subscriber's or enrollee's	36498
requirements for health care services, or for any other reason	36499
designated under rules adopted by the superintendent of insurance.	36500

(2) Unless otherwise required by state or federal law, no	36501
health insuring corporation, or health care facility or provider	36502
through which the health insuring corporation has made	36503
arrangements to provide health care services, shall discriminate	36504
against any individual with regard to enrollment, disenrollment,	36505
or the quality of health care services rendered, on the basis of	36506
the individual's race, color, sex, age, religion, military status	36507
as defined in section 4112.01 of the Revised Code, or status as a	36508
recipient of medicare or medicaid, or any health status-related	36509
factor in relation to the individual. However, a health insuring	36510
corporation shall not be required to accept a recipient of	36511
medicare or medical assistance, if an agreement has not been	36512
reached on appropriate payment mechanisms between the health	36513
insuring corporation and the governmental agency administering	36514
these programs. Further, except ~~during a period of~~for open	36515
enrollment coverage under ~~section 1751.15~~sections 3923.58 and	36516
3923.581 of the Revised Code, a health insuring corporation may	36517
reject an applicant for nongroup enrollment on the basis of any	36518
health status-related factor in relation to the applicant.	36519

(B) A health insuring corporation may cancel or decide not to	36520
renew the coverage of an enrollee if the enrollee has performed an	36521
act or practice that constitutes fraud or intentional	36522
misrepresentation of material fact under the terms of the coverage	36523
and if the cancellation or nonrenewal is not based, either	36524
directly or indirectly, on any health status-related factor in	36525
relation to the enrollee.	36526

(C) An enrollee may appeal any action or decision of a health	36527
insuring corporation taken pursuant to section 2742(b) to (e) of	36528
the "Health Insurance Portability and Accountability Act of 1996,"	36529
Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-42, as	36530
amended. To appeal, the enrollee may submit a written complaint	36531
to the health insuring corporation pursuant to section 1751.19 of	36532
the Revised Code. The enrollee may, within thirty days after	36533
receiving a written response from the health insuring corporation,	36534
appeal the health insuring corporation's action or decision to the	36535
superintendent.	36536

(D) As used in this section, "health status-related factor"	36537
means any of the following:	36538

(1) Health status;

36539

(2) Medical condition, including both physical and mental	36540
illnesses;	36541

(3) Claims experience;

36542

(4) Receipt of health care;

36543

(5) Medical history;

36544

(6) Genetic information;

36545

(7) Evidence of insurability, including conditions arising	36546
out of acts of domestic violence;	36547

(8) Disability.

36548

Sec. 1751.19. (A) A health insuring corporation shall	36549
establish and maintain a complaint system that has been approved	36550
by the superintendent of insurance to provide adequate and	36551
reasonable procedures for the expeditious resolution of written	36552
complaints initiated by subscribers or enrollees concerning any	36553
matter relating to services provided, directly or indirectly, by	36554
the health insuring corporation, including, but not limited to,	36555
complaints regarding cancellations or nonrenewals of coverage.	36556
Complaints regarding a health insuring corporation's decision to	36557
deny, reduce, or terminate coverage for health care services are	36558
subject to section 1751.83 of the Revised Code.	36559

(B) A health insuring corporation shall provide a timely	36560
written response to each written complaint it receives.	36561

(C)(1) Copies of complaints and responses, including medical	36562
records related to those complaints, shall be available to the	36563
superintendent ~~and the director of health~~ for inspection for three	36564
years. Any document or information provided to the superintendent	36565
pursuant to this division that contains a medical record is	36566
confidential, and is not a public record subject to section 149.43	36567
of the Revised Code.	36568

(2) Notwithstanding division (C)(1) of this section, the	36569
superintendent may share documents and information that contain a	36570
medical record in connection with the investigation or prosecution	36571
of any illegal or criminal activity with the chief deputy	36572
rehabilitator, the chief deputy liquidator, other deputy	36573
rehabilitators and liquidators, and any other person employed by,	36574
or acting on behalf of, the superintendent pursuant to Chapter	36575
3901. or 3903. of the Revised Code, with other local, state,	36576
federal, and international regulatory and law enforcement	36577
agencies, with local, state, and federal prosecutors, and with the	36578
national association of insurance commissioners and its affiliates	36579
and subsidiaries, provided that the recipient agrees to maintain	36580
the confidential or privileged status of the confidential or	36581
privileged document or information and has authority to do so.	36582

(3) Nothing in this section shall prohibit the superintendent	36583
from receiving documents and information in accordance with	36584
section 3901.045 of the Revised Code.	36585

(4) The superintendent may enter into agreements governing	36586
the sharing and use of documents and information consistent with	36587
the requirements of this section.	36588

(5) No waiver of any applicable privilege or claim of	36589
confidentiality in the documents and information described in	36590
division (C)(1) of this section occurs as a result of sharing or	36591
receiving documents and information as authorized in divisions	36592
(C)(2) and (3) of this section.	36593

(D) A health insuring corporation shall establish and	36594
maintain a procedure to accept complaints over the telephone or in	36595
person. These complaints are not subject to the reporting	36596
requirement under division (C) of section 1751.32 of the Revised	36597
Code.	36598

(E) A health insuring corporation may comply with this	36599
section and section 1751.83 of the Revised Code by establishing	36600
one system for receiving and reviewing complaints and requests for	36601
internal review from enrollees and subscribers if the system meets	36602
the requirements of both sections.	36603

Sec. 1751.32. Each health insuring corporation, annually, on	36604
or before the first day of March, shall file a report with the	36605
superintendent of insurance ~~and the director of health~~, covering	36606
the preceding calendar year.	36607

The report shall be verified by an officer of the health	36608
insuring corporation, shall be in the form the superintendent	36609
prescribes, and shall include:	36610

(A) A financial statement of the health insuring corporation,	36611
including its balance sheet and receipts and disbursements for the	36612
preceding year, which reflect, at a minimum:	36613

(1) All premium rate and other payments received for health	36614
care services rendered;	36615

(2) Expenditures with respect to all categories of providers,	36616
facilities, insurance companies, and other persons engaged to	36617
fulfill obligations of the health insuring corporation arising out	36618
of its health care policies, contracts, certificates, and	36619
agreements;	36620

(3) Expenditures for capital improvements or additions	36621
thereto, including, but not limited to, construction, renovation,	36622
or purchase of facilities and equipment.	36623

(B) A description of the enrollee population and composition,	36624
group and nongroup;	36625

(C) A summary of enrollee written complaints and their	36626
disposition;	36627

(D) A statement of the number of subscriber policies,	36628
contracts, certificates, and agreements that have been terminated	36629
by action of the health insuring corporation, including the number	36630
of enrollees affected;	36631

(E) A summary of the information compiled pursuant to	36632
division (B)(5) of section 1751.04 of the Revised Code;	36633

(F) A current report of the names and addresses of the	36634
persons responsible for the conduct of the affairs of the health	36635
insuring corporation as required by section 1751.03 of the Revised	36636
Code. Additionally, the report shall include the amount of wages,	36637
expense reimbursements, and other payments to these persons for	36638
services to the health insuring corporation, and shall include a	36639
full disclosure of the financial interests related to the	36640
operations of the health insuring corporation acquired by these	36641
persons during the preceding year.	36642

(G) An actuarial opinion in the form prescribed by the	36643
superintendent by rule;	36644

(H) Any other information relating to the performance of the	36645
health insuring corporation that is necessary to enable the	36646
superintendent to carry out the superintendent's duties under this	36647
chapter.	36648

Sec. 1751.321. Each health insuring corporation, annually,	36649
on or before the first day of June, shall file with the	36650
superintendent of insurance ~~and the director of health~~ an audit	36651
report certified by an independent certified public accountant	36652
covering the preceding calendar year. The report shall be verified	36653
by an officer of the health insuring corporation and shall be in	36654
the form prescribed by the superintendent by rule.	36655

Sec. 1751.34. (A) Each health insuring corporation and each	36656
applicant for a certificate of authority under this chapter shall	36657
be subject to examination by the superintendent of insurance in	36658
accordance with section 3901.07 of the Revised Code. Section	36659
3901.07 of the Revised Code shall govern every aspect of the	36660
examination, including the circumstances under and frequency with	36661
which it is conducted, the authority of the superintendent and any	36662
examiner or other person appointed by the superintendent, the	36663
liability for the assessment of expenses incurred in conducting	36664
the examination, and the remittance of the assessment to the	36665
superintendent's examination fund.	36666

(B) The ~~director of health~~superintendent shall make an	36667
examination concerning the matters subject to the ~~director's~~	36668
superintendent's consideration in section 1751.04 of the Revised	36669
Code as often as the ~~director~~superintendent considers it	36670
necessary for the protection of the interests of the people of	36671
this state~~, but not less frequently than once every three years~~.	36672
The expenses of such examinations shall be assessed against the	36673
health insuring corporation being examined in the manner in which	36674
expenses of examinations are assessed against an insurance	36675
company under section 3901.07 of the Revised Code. Nothing in	36676
this division requires the ~~director~~superintendent to make an	36677
examination of any of the following:	36678

(1) A health insuring corporation that covers solely medicaid	36679
recipients;	36680

(2) A health insuring corporation that covers solely	36681
medicare beneficiaries;	36682

(3) A health insuring corporation that covers solely	36683
medicaid recipients and medicare beneficiaries;	36684

(4) A health insuring corporation that covers solely	36685
participants of the children's buy-in program;	36686

(5) A health insuring corporation that covers solely medicaid	36687
recipients and participants of the children's buy-in program;	36688

(6) A health insuring corporation that covers solely medicaid	36689
recipients, medicare beneficiaries, and participants of the	36690
children's buy-in program.	36691

(C) An examination, pursuant to section 3901.07 of the	36692
Revised Code, of an insurance company holding a certificate of	36693
authority under this chapter to organize and operate a health	36694
insuring corporation shall include an examination of the health	36695
insuring corporation pursuant to this section and the examination	36696
shall satisfy the requirements of divisions (A) and (B) of this	36697
section.	36698

(D) The superintendent may conduct market conduct	36699
examinations pursuant to section 3901.011 of the Revised Code of	36700
any health insuring corporation as often as the superintendent	36701
considers it necessary for the protection of the interests of	36702
subscribers and enrollees. The expenses of such market conduct	36703
examinations shall be assessed against the health insuring	36704
corporation being examined. All costs, assessments, or fines	36705
collected under this division shall be paid into the state	36706
treasury to the credit of the department of insurance operating	36707
fund.	36708

Sec. 1751.35. (A) The superintendent of insurance may	36709
suspend or revoke any certificate of authority issued to a health	36710
insuring corporation under this chapter if the superintendent	36711
finds that:	36712

(1) The health insuring corporation is operating in	36713
contravention of its articles of incorporation, its health care	36714
plan or plans, or in a manner contrary to that described in and	36715
reasonably inferred from any other information submitted under	36716
section 1751.03 of the Revised Code, unless amendments to such	36717
submissions have been filed and have taken effect in compliance	36718
with this chapter.	36719

(2) The health insuring corporation fails to issue evidences	36720
of coverage in compliance with the requirements of section 1751.11	36721
of the Revised Code.	36722

(3) The contractual periodic prepayments or premium rates	36723
used do not comply with the requirements of section 1751.12 of the	36724
Revised Code.	36725

(4) The health insuring corporation enters into a contract,	36726
agreement, or other arrangement with any health care facility or	36727
provider, that does not comply with the requirements of section	36728
1751.13 of the Revised Code, or the corporation fails to provide	36729
an annual certificate as required by section 1751.13 of the	36730
Revised Code.	36731

(5) The ~~director of health has certified~~superintendent	36732
determines, after a hearing conducted in accordance with Chapter	36733
119. of the Revised Code, that the health insuring corporation no	36734
longer meets the requirements of section 1751.04 of the Revised	36735
Code.	36736

(6) The health insuring corporation is no longer financially	36737
responsible and may reasonably be expected to be unable to meet	36738
its obligations to enrollees or prospective enrollees.	36739

(7) The health insuring corporation has failed to implement	36740
the complaint system that complies with the requirements of	36741
section 1751.19 of the Revised Code.	36742

(8) The health insuring corporation, or any agent or	36743
representative of the corporation, has advertised, merchandised,	36744
or solicited on its behalf in contravention of the requirements of	36745
section 1751.31 of the Revised Code.	36746

(9) The health insuring corporation has unlawfully	36747
discriminated against any enrollee or prospective enrollee with	36748
respect to enrollment, disenrollment, or price or quality of	36749
health care services.	36750

(10) The continued operation of the health insuring	36751
corporation would be hazardous or otherwise detrimental to its	36752
enrollees.	36753

(11) The health insuring corporation has submitted false	36754
information in any filing or submission required under this	36755
chapter or any rule adopted under this chapter.	36756

(12) The health insuring corporation has otherwise failed to	36757
substantially comply with this chapter or any rule adopted under	36758
this chapter.	36759

(13) The health insuring corporation is not operating a	36760
health care plan.	36761

(14) The health insuring corporation has failed to comply	36762
with any of the requirements of sections 1751.77 to 1751.88 of the	36763
Revised Code.	36764

(B) A certificate of authority shall be suspended or revoked	36765
only after compliance with the requirements of Chapter 119. of the	36766
Revised Code.	36767

(C) When the certificate of authority of a health insuring	36768
corporation is suspended, the health insuring corporation, during	36769
the period of suspension, shall not enroll any additional	36770
subscribers or enrollees except newborn children or other newly	36771
acquired dependents of existing subscribers or enrollees, and	36772
shall not engage in any advertising or solicitation whatsoever.	36773

(D) When the certificate of authority of a health insuring	36774
corporation is revoked, the health insuring corporation, following	36775
the effective date of the order of revocation, shall conduct no	36776
further business except as may be essential to the orderly	36777
conclusion of the affairs of the health insuring corporation. The	36778
health insuring corporation shall engage in no further advertising	36779
or solicitation whatsoever. The superintendent, by written order,	36780
may permit such further operation of the health insuring	36781
corporation as the superintendent may find to be in the best	36782
interest of enrollees, to the end that enrollees will be afforded	36783
the greatest practical opportunity to obtain continuing health	36784
care coverage.	36785

Sec. 1751.36. (A) When the superintendent of insurance has	36786
cause to believe that grounds for the denial of an application for	36787
a certificate of authority exist, or that grounds for the	36788
suspension or revocation of a certificate of authority exist, the	36789
superintendent shall notify the applicant or health insuring	36790
corporation ~~and the director of health~~ in writing, specifically	36791
stating the grounds for the denial, suspension, or revocation and	36792
setting a date of at least thirty days after the notification for	36793
a hearing on the matter.	36794

(B) ~~The recommendations and findings of the director of~~	36795
~~health with respect to matters subject to the director's~~	36796
~~consideration under section 1751.04 of the Revised Code, provided~~	36797
~~in connection with any decision regarding the denial, suspension,~~	36798
~~or revocation of a certificate of authority, shall be reviewed and~~	36799
~~considered by the superintendent.~~ After the hearing authorized by	36800
division (A) of this section, or upon the failure of the applicant	36801
or health insuring corporation to appear at the hearing, the	36802
superintendent shall take such action as in accordance with law	36803
and the evidence. The action shall be set out in written findings	36804
which shall be mailed to the applicant or health insuring	36805
corporation ~~with a copy to the director of health~~. The action of	36806
the superintendent is subject to review in accordance with Chapter	36807
119. of the Revised Code~~, except that a certification by the~~	36808
~~director under division (D) of section 1751.04 or division (A)(5)~~	36809
~~of section 1751.35 of the Revised Code that was made in accordance~~	36810
~~with Chapter 119. of the Revised Code shall be final as to the~~	36811
~~matters certified~~.	36812

(C) Chapter 119. of the Revised Code applies to proceedings	36813
under this section to the extent that it is not in conflict with	36814
divisions (A) and (B) of this section.	36815

Sec. 1751.45. (A) In lieu of the suspension or revocation of	36816
a certificate of authority under section 1751.35 of the Revised	36817
Code, the superintendent of insurance, pursuant to an adjudication	36818
hearing initiated and conducted in accordance with Chapter 119. of	36819
the Revised Code, or by consent of the health insuring corporation	36820
without an adjudication hearing, may levy an administrative	36821
penalty. The administrative penalty shall be in an amount	36822
determined by the superintendent, but the administrative penalty	36823
shall not exceed one hundred thousand dollars per violation.	36824
Additionally, the superintendent may require the health insuring	36825
corporation to correct any deficiency that may be the basis for	36826
the suspension or revocation of the health insuring corporation's	36827
certificate of authority. All penalties collected shall be paid	36828
into the state treasury to the credit of the department of	36829
insurance operating fund.	36830

(B) If the superintendent ~~or the director of health~~ for any	36831
reason has cause to believe that any violation of this chapter has	36832
occurred or is threatened, the superintendent ~~or the director~~ may	36833
give notice to the health insuring corporation and to the	36834
representatives or other persons who appear to be involved in the	36835
suspected violation to arrange a conference with the suspected	36836
violators or their authorized representatives for the purpose of	36837
attempting to ascertain the facts relating to the suspected	36838
violation, and, if it appears that any violation has occurred or	36839
is threatened, to arrive at an adequate and effective means of	36840
correcting or preventing the violation.	36841

Proceedings under this division shall not be covered by any	36842
formal procedural requirements, and may be conducted in the manner	36843
the superintendent ~~or the director of health~~ may consider	36844
appropriate under the circumstances.	36845

(C)(1) The superintendent may issue an order directing a	36846
health insuring corporation or a representative of the health	36847
insuring corporation to cease and desist from engaging in any act	36848
or practice in violation of this chapter. Within thirty days after	36849
service of the order to cease and desist, the respondent may	36850
request a hearing on the question of whether acts or practices in	36851
violation of this chapter have occurred. Such hearings shall be	36852
conducted in accordance with Chapter 119. of the Revised Code and	36853
judicial review shall be available as provided by that chapter.	36854

(2) If the superintendent has reasonable cause to believe	36855
that an order issued pursuant to this division has been violated	36856
in whole or in part, the superintendent may request the attorney	36857
general to commence and prosecute any appropriate action or	36858
proceeding in the name of the state against the violators in the	36859
court of common pleas of Franklin county. The court in any such	36860
action or proceeding may levy civil penalties, not to exceed one	36861
hundred thousand dollars per violation, in addition to any other	36862
appropriate relief, including requiring a violator to pay the	36863
expenses reasonably incurred by the superintendent in enforcing	36864
the order. The penalties and fees collected under this division	36865
shall be paid into the state treasury to the credit of the	36866
department of insurance operating fund.	36867

Sec. 1751.46. (A) The superintendent of insurance ~~and the~~	36868
~~director of health~~ may contract with qualified persons to make	36869
recommendations concerning the determinations required to be made	36870
by the superintendent ~~or the director~~ relative to an expansion of	36871
a service area pursuant to division (C) of section 1751.03 of the	36872
Revised Code, an application for a certificate of authority	36873
pursuant to sections 1751.04 and 1751.05 of the Revised Code, a	36874
contractual periodic prepayment or premium rate pursuant to	36875
section 1751.12 of the Revised Code, and an examination pursuant	36876
to division (B) of section 1751.34 of the Revised Code. The	36877
recommendations may be accepted in full or in part, or may be	36878
rejected, by the superintendent ~~or director~~.	36879

The total cost of a contract with a qualified person pursuant	36880
to this division shall represent the fair market value of the	36881
services provided and shall be borne by the health insuring	36882
corporation that is the subject of the determination required to	36883
be made by the superintendent ~~or the director~~.	36884

(B) No qualified person placed on contract by the	36885
superintendent ~~or the director~~ pursuant to division (A) of this	36886
section shall have a conflict of interest with the department of	36887
insurance~~, the department of health,~~ or the health insuring	36888
corporation.	36889

Sec. 1751.48. ~~(A)~~ The superintendent of insurance may adopt	36890
rules as are necessary to carry out the provisions of this	36891
chapter. These rules shall be adopted in accordance with Chapter	36892
119. of the Revised Code.	36893

~~(B) The director of health may make recommendations to the~~	36894
~~superintendent for rules that are necessary to enable the director~~	36895
~~to carry out the director's responsibilities under this chapter,~~	36896
~~including rules that prescribe standards relating to the~~	36897
~~requirements set forth in division (B) of section 1751.04 of the~~	36898
~~Revised Code. In adopting any rules pertaining to the director's~~	36899
~~responsibilities, the superintendent shall consider the~~	36900
~~recommendations of the director.~~	36901

Sec. 1751.831. The superintendent of insurance shall	36902
establish and maintain a system for receiving and reviewing	36903
requests for review from or on behalf of enrollees who, under	36904
section 1751.83 of the Revised Code, have been denied coverage of	36905
a health care service or had coverage reduced or terminated when	36906
the grounds for the denial, reduction, or termination is that the	36907
service is not a service covered under the terms of the enrollee's	36908
policy, contract, or agreement.	36909

On receipt of a written request from an enrollee or	36910
authorized person, the superintendent shall consider whether the	36911
health care service is a service covered under the terms of the	36912
enrollee's policy, contract, or agreement, except that the	36913
superintendent shall not conduct a review under this section	36914
unless the enrollee has exhausted the health insuring	36915
corporation's internal review process established pursuant to	36916
section 1751.83 of the Revised Code. The health insuring	36917
corporation and the enrollee or authorized person shall provide	36918
the superintendent with any information required by the	36919
superintendent that is in their possession and is germane to the	36920
review.	36921

Unless the superintendent is not able to do so because making	36922
the determination requires resolution of a medical issue, the	36923
superintendent shall determine whether the health care service at	36924
issue is a service covered under the terms of the enrollee's	36925
contract, policy, or agreement. The superintendent shall notify	36926
the enrollee, or authorized person, and the health insuring	36927
corporation of the superintendent's determination or that the	36928
superintendent is not able to make a determination.	36929

If the superintendent notifies the health insuring	36930
corporation that making the determination requires the resolution	36931
of a medical issue, the health insuring corporation shall ~~afford~~	36932
~~the enrollee an opportunity for~~initiate an external review under	36933
section 1751.84 or 1751.85 of the Revised Code. If the	36934
superintendent notifies the health insuring corporation that the	36935
health service is a covered service, the health insuring	36936
corporation shall ~~either~~ cover the service ~~or afford the enrollee~~	36937
~~an opportunity for an external review under section 1751.84 or~~	36938
~~1751.85 of the Revised Code~~. If the superintendent notifies the	36939
health insuring corporation that the health care service is not a	36940
covered service, the health insuring corporation is not required	36941
to cover the service or afford the enrollee an external review.	36942

Sec. 1751.84. (A) Except as provided in divisions (B) and	36943
(C) of this section, a health insuring corporation shall afford an	36944
enrollee an opportunity for an external review if both of the	36945
following are the case:	36946

(1) The health insuring corporation has denied, reduced, or	36947
terminated coverage for what would be a covered health care	36948
service except for the fact that the health insuring corporation	36949
has determined that the health care service is not medically	36950
necessary;	36951

(2) Except in the case of an expedited review, the service,	36952
plus any ancillary services and follow-up care, will cost the	36953
enrollee more than five hundred dollars if the proposed service is	36954
not covered by the health insuring corporation.	36955

External review shall be conducted in accordance with this	36956
section, except that if an enrollee with a terminal condition	36957
meets all of the criteria of division (A) of section 1751.85 of	36958
the Revised Code, an external review shall be conducted under that	36959
section.	36960

(B) An enrollee need not be afforded a review under this	36961
section in any of the following circumstances:	36962

(1) The superintendent of insurance has determined under	36963
section 1751.831 of the Revised Code that the health care service	36964
is not a service covered under the terms of the enrollee's policy,	36965
contract, or agreement.	36966

(2) Except as provided in section 1751.811 of the Revised	36967
Code, the enrollee has failed to exhaust the health insuring	36968
corporation's internal review process established pursuant to	36969
section 1751.83 of the Revised Code.	36970

(3) The enrollee has previously been afforded an external	36971
review for the same adverse determination and no new clinical	36972
information has been submitted to the health insuring corporation.	36973

(C)(1) A health insuring corporation may deny a request for	36974
an external review of an adverse determination if it is requested	36975
later than ~~sixty~~one hundred eighty days after the enrollee's	36976
receipt of notice of the result of an internal review brought	36977
under section 1751.83 of the Revised Code. An external review may	36978
be requested by the enrollee, an authorized person, the enrollee's	36979
provider, or a health care facility rendering health care service	36980
to the enrollee. The enrollee may request a review without the	36981
approval of the provider or the health care facility rendering the	36982
health care service. The provider or health care facility may not	36983
request a review without the prior consent of the enrollee.	36984

(2) An external review must be requested in writing, except	36985
that if the enrollee has a condition that requires expedited	36986
review, the review may be requested orally or by electronic means.	36987
When an oral or electronic request for review is made, written	36988
confirmation of the request shall be submitted to the health	36989
insuring corporation not later than five days after the oral or	36990
written request is submitted.	36991

Except in the case of an expedited review, a request for an	36992
external review must be accompanied by written certification from	36993
the enrollee's provider or the health care facility rendering the	36994
health care service to the enrollee that the proposed service,	36995
plus any ancillary services and follow-up care, will cost the	36996
enrollee more than five hundred dollars if the proposed service is	36997
not covered by the health insuring corporation.	36998

(3) For an expedited review, the enrollee's provider must	36999
certify that the enrollee's condition could, in the absence of	37000
immediate medical attention, result in any of the following:	37001

(a) Placing the health of the enrollee or, with respect to a	37002
pregnant woman, the health of the enrollee or the unborn child, in	37003
serious jeopardy;	37004

(b) Serious impairment to bodily functions;

37005

37006

(D) The procedures used in conducting an external review of	37007
an adverse determination shall include all of the following:	37008

(1) The review shall be conducted by an independent review	37009
organization assigned by the superintendent of insurance under	37010
section 3901.80 of the Revised Code.	37011

(2) Except as provided in division (D)(3) and (4) of this	37012
section, neither the clinical peer nor any health care facility	37013
with which the clinical peer is affiliated shall have any	37014
professional, familial, or financial affiliation with any of the	37015
following:	37016

(a) The health insuring corporation or any officer, director,	37017
or managerial employee of the health insuring corporation;	37018

(b) The enrollee, the enrollee's provider, or the practice	37019
group of the enrollee's provider;	37020

(c) The health care facility at which the health care service	37021
requested by the enrollee would be provided;	37022

(d) The development or manufacture of the principal drug,	37023
device, procedure, or therapy proposed for the enrollee.	37024

(3) Division (D)(2) of this section does not prohibit a	37025
clinical peer from conducting a review under any of the following	37026
circumstances:	37027

(a) The clinical peer is affiliated with an academic medical	37028
center that provides health care services to enrollees of the	37029
health insuring corporation.	37030

(b) The clinical peer has staff privileges at a health care	37031
facility that provides health care services to enrollees of the	37032
health insuring corporation.	37033

(c) The clinical peer is a participating provider but was not	37034
involved with the health insuring corporation's adverse	37035
determination.	37036

(4) Division (D)(2) of this section does not prohibit the	37037
health insuring corporation from paying the independent review	37038
organization for the conduct of the review.	37039

(5) An enrollee shall not be required to pay for any part of	37040
the cost of the review. The cost of the review shall be borne by	37041
the health insuring corporation.	37042

(6)(a) The health insuring corporation shall provide to the	37043
independent review organization conducting the review a copy of	37044
those records in its possession that are relevant to the	37045
enrollee's medical condition and the review. The records shall be	37046
used solely for the purpose of this division.	37047

At the request of the independent review organization, the	37048
health insuring corporation, enrollee, or the provider or health	37049
care facility rendering health care services to the enrollee shall	37050
provide any additional information the independent review	37051
organization requests to complete the review. A request for	37052
additional information may be made in writing, orally, or by	37053
electronic means. The independent review organization shall submit	37054
the request to the enrollee and health insuring corporation. If a	37055
request is submitted orally or by electronic means to an enrollee	37056
or health insuring corporation, not later than five days after the	37057
request is submitted, the independent review organization shall	37058
provide written confirmation of the request. If the review was	37059
initiated by a provider or health care facility, a copy of the	37060
request shall be submitted to the provider or health care	37061
facility.	37062

(b) An independent review organization is not required to	37063
make a decision if it has not received any requested information	37064
that it considers necessary to complete a review. An independent	37065
review organization that does not make a decision for this reason	37066
shall notify the enrollee and the health insuring corporation that	37067
a decision is not being made. The notice may be made in writing,	37068
orally, or by electronic means. An oral or electronic notice shall	37069
be confirmed in writing not later than five days after the oral or	37070
electronic notice is made. If the review was initiated by a	37071
provider or health care facility, a copy of the notice shall be	37072
submitted to the provider or health care facility.	37073

(7) The health insuring corporation may elect to cover the	37074
service requested and terminate the review. The health insuring	37075
corporation shall notify the enrollee and all other parties	37076
involved with the decision by mail or, with the consent or	37077
approval of the enrollee, by electronic means.	37078

(8) In making its decision, an independent review	37079
organization conducting the review shall take into account all of	37080
the following:	37081

(a) Information submitted by the health insuring corporation,	37082
the enrollee, the enrollee's provider, and the health care	37083
facility rendering the health care service, including the	37084
following:	37085

(i) The enrollee's medical records;

37086

(ii) The standards, criteria, and clinical rationale used by	37087
the health insuring corporation to make its decision.	37088

(b) Findings, studies, research, and other relevant documents	37089
of government agencies and nationally recognized organizations,	37090
including the national institutes of health or any board	37091
recognized by the national institutes of health, the national	37092
cancer institute, the national academy of sciences, the United	37093
States food and drug administration, the health care financing	37094
administration of the United States department of health and human	37095
services, and the agency for health care policy and research;	37096

(c) Relevant findings in peer-reviewed medical or scientific	37097
literature, published opinions of nationally recognized medical	37098
experts, and clinical guidelines adopted by relevant national	37099
medical societies.	37100

(9)(a) In the case of an expedited review, the independent	37101
review organization shall issue a written decision not later than	37102
seven days after the filing of the request for review. In all	37103
other cases, the independent review organization shall issue a	37104
written decision not later than thirty days after the filing of	37105
the request. The independent review organization shall send a copy	37106
of its decision to the health insuring corporation and the	37107
enrollee. If the enrollee's provider or the health care facility	37108
rendering health care services to the enrollee requested the	37109
review, the independent review organization shall also send a copy	37110
of its decision to the enrollee's provider or the health care	37111
facility.	37112

(b) The independent review organization's decision shall	37113
include a description of the enrollee's condition and the	37114
principal reasons for the decision and an explanation of the	37115
clinical rationale for the decision.	37116

(E) The independent review organization shall base its	37117
decision on the information submitted under division (D)(8) of	37118
this section. In making its decision, the independent review	37119
organization shall consider safety, efficacy, appropriateness, and	37120
cost effectiveness.	37121

(F) The health insuring corporation shall provide any	37122
coverage determined by the independent review organization's	37123
decision to be medically necessary, subject to the other terms,	37124
limitations, and conditions of the enrollee's contract. The	37125
decision shall apply only to the individual enrollee's external	37126
review.	37127

Sec. 1751.85. (A) Each health insuring corporation shall	37128
establish a reasonable external, independent review process to	37129
examine the health insuring corporation's coverage decisions for	37130
enrollees who meet all of the following criteria:	37131

(1) The enrollee has a terminal condition that, according to	37132
the current diagnosis of the enrollee's physician, has a high	37133
probability of causing death within two years.	37134

(2) The enrollee requests a review not later than ~~sixty~~one	37135
hundred eighty days after receipt by the enrollee of notice of the	37136
result of an internal review under section 1751.83 of the Revised	37137
Code.	37138

(3) The enrollee's physician certifies that the enrollee has	37139
the condition described in division (A)(1) of this section and any	37140
of the following situations are applicable:	37141

(a) Standard therapies have not been effective in improving	37142
the condition of the enrollee;	37143

(b) Standard therapies are not medically appropriate for the	37144
enrollee;	37145

(c) There is no standard therapy covered by the health	37146
insuring corporation that is more beneficial than therapy	37147
described in division (A)(4) of this section.	37148

(4) The enrollee's physician has recommended a drug, device,	37149
procedure, or other therapy that the physician certifies, in	37150
writing, is likely to be more beneficial to the enrollee, in the	37151
physician's opinion, than standard therapies, or, the enrollee has	37152
requested a therapy that has been found in a preponderance of	37153
peer-reviewed published studies to be associated with effective	37154
clinical outcomes for the same condition.	37155

(5) The enrollee has been denied coverage by the health	37156
insuring corporation for a drug, device, procedure, or other	37157
therapy recommended or requested pursuant to division (A)(4) of	37158
this section, and has exhausted the health insuring corporation's	37159
internal review process established pursuant to section 1751.83 of	37160
the Revised Code.	37161

(6) The drug, device, procedure, or other therapy, for which	37162
coverage has been denied would be a covered health care service	37163
except for the health insuring corporation's determination that	37164
the drug, device, procedure, or other therapy is experimental or	37165
investigational.	37166

(B) A review shall be requested in writing, except that if	37167
the enrollee's physician determines that a therapy would be	37168
significantly less effective if not promptly initiated, the review	37169
may be requested orally or by electronic means. When an oral or	37170
electronic request for review is made, written confirmation of the	37171
request shall be submitted to the health insuring corporation not	37172
later than five days after the oral or written request is	37173
submitted.	37174

(C) The external, independent review process established by a	37175
health insuring corporation shall meet all of the following	37176
criteria:	37177

(1) Except as provided in division (E) of this section, the	37178
process shall afford all enrollees who meet the criteria set forth	37179
in division (A) of this section the opportunity to have the health	37180
insuring corporation's decision to deny coverage of the	37181
recommended or requested therapy reviewed under the process.	37182

(2) The review shall be conducted by an independent review	37183
organization assigned by the superintendent of insurance under	37184
section 3901.80 of the Revised Code.	37185

The independent review organization shall select a panel to	37186
conduct the review, which panel shall be composed of at least	37187
three physicians or other providers who, through clinical	37188
experience in the past three years, are experts in the treatment	37189
of the enrollee's medical condition and knowledgeable about the	37190
recommended or requested therapy.	37191

In either of the following circumstances, an exception may be	37192
made to the requirement that the review be conducted by an expert	37193
panel composed of a minimum of three physicians or other	37194
providers:	37195

(a) A review may be conducted by an expert panel composed of	37196
only two physicians or other providers if an enrollee has	37197
consented in writing to a review by the smaller panel;	37198

(b) A review may be conducted by a single expert physician or	37199
other provider if only one expert physician or other provider is	37200
available for the review.	37201

(3) Neither the health insuring corporation nor the enrollee	37202
shall choose, or control the choice of, the physician or other	37203
provider experts.	37204

(4) The selected experts, any health care facility with which	37205
an expert is affiliated, and the independent review organization	37206
arranging for the experts' review, shall not have any	37207
professional, familial, or financial affiliation with any of the	37208
following:	37209

(a) The health insuring corporation or any officer, director,	37210
or managerial employee of the health insuring corporation;	37211

(b) The enrollee, the enrollee's physician, or the practice	37212
group of the enrollee's physician;	37213

(c) The health care facility at which the recommended or	37214
requested therapy would be provided;	37215

(d) The development or manufacture of the principal drug,	37216
device, procedure, or therapy involved in the recommended or	37217
requested therapy.	37218

However, experts affiliated with academic medical centers who	37219
provide health care services to enrollees of the health insuring	37220
corporation may serve as experts on the review panel. Further,	37221
experts with staff privileges at a health care facility that	37222
provides health care services to enrollees of the health insuring	37223
corporation, as well as experts who are participating providers,	37224
but who were not involved with the health insuring corporation's	37225
denial of coverage for the therapy under review, may serve as	37226
experts on the review panel. These nonaffiliation provisions do	37227
not preclude a health insuring corporation from paying for the	37228
experts' review, as specified in division (C)(5) of this section.	37229

(5) Enrollees shall not be required to pay for any part of	37230
the cost of the review. The cost of the review shall be borne by	37231
the health insuring corporation.	37232

(6) The health insuring corporation shall provide to the	37233
independent review organization arranging for the experts' review	37234
a copy of those records in the health insuring corporation's	37235
possession that are relevant to the enrollee's medical condition	37236
and the review. The records shall be disclosed solely to the	37237
expert reviewers and shall be used solely for the purpose of this	37238
section. At the request of the expert reviewers, the health	37239
insuring corporation or the physician recommending the therapy	37240
shall provide any additional information that the expert reviewers	37241
request to complete the review. An expert reviewer is not required	37242
to render an opinion if the reviewer has not received any	37243
requested information that the reviewer considers necessary to	37244
complete the review.	37245

(7)(a) The opinions of the experts on the panel shall be	37246
rendered within thirty days after the enrollee's request for	37247
review. If the enrollee's physician determines that a therapy	37248
would be significantly less effective if not promptly initiated,	37249
the opinions shall be rendered within seven days after the	37250
enrollee's request for review.	37251

(b) In conducting the review, the experts on the panel shall	37252
take into account all of the following:	37253

(i) Information submitted by the health insuring corporation,	37254
the enrollee, and the enrollee's physician, including the	37255
enrollee's medical records and the standards, criteria, and	37256
clinical rationale used by the health insuring corporation to	37257
reach its coverage decision;	37258

(ii) Findings, studies, research, and other relevant	37259
documents of government agencies and nationally recognized	37260
organizations;	37261

(iii) Relevant findings in peer-reviewed medical or	37262
scientific literature and published opinions of nationally	37263
recognized medical experts;	37264

(iv) Clinical guidelines adopted by relevant national medical	37265
societies;	37266

(v) Safety, efficacy, appropriateness, and cost	37267
effectiveness.	37268

(8) Each expert on the panel shall provide the independent	37269
review organization with a professional opinion as to whether	37270
there is sufficient evidence to demonstrate that the recommended	37271
or requested therapy is likely to be more beneficial to the	37272
enrollee than standard therapies.	37273

(9) Each expert's opinion shall be presented in written form	37274
and shall include the following information:	37275

(a) A description of the enrollee's condition;

37276

(b) A description of the indicators relevant to determining	37277
whether there is sufficient evidence to demonstrate that the	37278
recommended or requested therapy is more likely than not to be	37279
more beneficial to the enrollee than standard therapies;	37280

(c) A description and analysis of any relevant findings	37281
published in peer-reviewed medical or scientific literature or the	37282
published opinions of medical experts or specialty societies;	37283

(d) A description of the enrollee's suitability to receive	37284
the recommended or requested therapy according to a treatment	37285
protocol in a clinical trial, if applicable.	37286

(10) The independent review organization shall provide the	37287
health insuring corporation with the opinions of the experts. The	37288
health insuring corporation shall make the experts' opinions	37289
available to the enrollee and the enrollee's physician, upon	37290
request.	37291

(11) The opinion of the majority of the experts on the panel,	37292
rendered pursuant to division (C)(8) of this section, is binding	37293
on the health insuring corporation with respect to that enrollee.	37294
If the opinions of the experts on the panel are evenly divided as	37295
to whether the therapy should be covered, then the health insuring	37296
corporation's final decision shall be in favor of coverage. If	37297
less than a majority of the experts on the panel recommend	37298
coverage of the therapy, the health insuring corporation may, in	37299
its discretion, cover the therapy. However, any coverage provided	37300
pursuant to division (C)(11) of this section is subject to the	37301
terms, limitations, and conditions of the enrollee's contract with	37302
the health insuring corporation.	37303

(12) The health insuring corporation shall have written	37304
policies describing the external, independent review process.	37305

(D) At any time during the external, independent review	37306
process, the health insuring corporation may elect to cover the	37307
recommended or requested health care service and terminate the	37308
review. The health insuring corporation shall notify the enrollee	37309
and all other parties involved by mail or, with the consent or	37310
approval of the enrollee, by electronic means.	37311

(E) If a health insuring corporation's initial denial of	37312
coverage for a therapy recommended or requested pursuant to	37313
division (A)(4) of this section is based upon an external,	37314
independent review of that therapy meeting the requirements of	37315
division (C) of this section, this section shall not be a basis	37316
for requiring a second external, independent review of the	37317
recommended or requested therapy.	37318

(F) The health insuring corporation shall annually file a	37319
certificate with the superintendent of insurance certifying its	37320
compliance with the requirements of this section.	37321

Sec. 1753.09. (A) Except as provided in division (D) of this	37322
section, prior to terminating the participation of a provider on	37323
the basis of the participating provider's failure to meet the	37324
health insuring corporation's standards for quality or utilization	37325
in the delivery of health care services, a health insuring	37326
corporation shall give the participating provider notice of the	37327
reason or reasons for its decision to terminate the provider's	37328
participation and an opportunity to take corrective action. The	37329
health insuring corporation shall develop a performance	37330
improvement plan in conjunction with the participating provider.	37331
If after being afforded the opportunity to comply with the	37332
performance improvement plan, the participating provider fails to	37333
do so, the health insuring corporation may terminate the	37334
participation of the provider.	37335

(B)(1) A participating provider whose participation has been	37336
terminated under division (A) of this section may appeal the	37337
termination to the appropriate medical director of the health	37338
insuring corporation. The medical director shall give the	37339
participating provider an opportunity to discuss with the medical	37340
director the reason or reasons for the termination.	37341

(2) If a satisfactory resolution of a participating	37342
provider's appeal cannot be reached under division (B)(1) of this	37343
section, the participating provider may appeal the termination to	37344
a panel composed of participating providers who have comparable or	37345
higher levels of education and training than the participating	37346
provider making the appeal. A representative of the participating	37347
provider's specialty shall be a member of the panel, if possible.	37348
This panel shall hold a hearing, and shall render its	37349
recommendation in the appeal within thirty days after holding the	37350
hearing. The recommendation shall be presented to the medical	37351
director and to the participating provider.	37352

(3) The medical director shall review and consider the	37353
panel's recommendation before making a decision. The decision	37354
rendered by the medical director shall be final.	37355

(C) A provider's status as a participating provider shall	37356
remain in effect during the appeal process set forth in division	37357
(B) of this section unless the termination was based on any of the	37358
reasons listed in division (D) of this section.	37359

(D) Notwithstanding division (A) of this section, a	37360
provider's participation may be immediately terminated if the	37361
participating provider's conduct presents an imminent risk of harm	37362
to an enrollee or enrollees; or if there has occurred unacceptable	37363
quality of care, fraud, patient abuse, loss of clinical	37364
privileges, loss of professional liability coverage, incompetence,	37365
or loss of authority to practice in the participating provider's	37366
field; or if a governmental action has impaired the participating	37367
provider's ability to practice.	37368

(E) Divisions (A) to (D) of this section apply only to	37369
providers who are natural persons.	37370

(F)(1) Nothing in this section prohibits a health insuring	37371
corporation from rejecting a provider's application for	37372
participation, or from terminating a participating provider's	37373
contract, if the health insuring corporation determines that the	37374
health care needs of its enrollees are being met and no need	37375
exists for the provider's or participating provider's services.	37376

(2) Nothing in this section shall be construed as prohibiting	37377
a health insuring corporation from terminating a participating	37378
provider who does not meet the terms and conditions of the	37379
participating provider's contract.	37380

(3) Nothing in this section shall be construed as prohibiting	37381
a health insuring corporation from terminating a participating	37382
provider's contract pursuant to any provision of the contract	37383
described in division (E)(2) of section 3963.02 of the Revised	37384
Code, except that, notwithstanding any provision of a contract	37385
described in that division, this section applies to the	37386
termination of a participating provider's contract for any of the	37387
causes described in divisions (A), (D), and (F)(1) and (2) of	37388
this section.	37389

(G) The superintendent of insurance may adopt rules as	37390
necessary to implement and enforce sections 1753.06, 1753.07,	37391
and 1753.09 of the Revised Code. Such rules shall be adopted in	37392
accordance with Chapter 119. of the Revised Code. ~~The director of~~	37393
~~health may make recommendations to the superintendent for rules~~	37394
~~necessary to implement and enforce sections 1753.06, 1753.07, and~~	37395
~~1753.09 of the Revised Code. In adopting any rules pursuant to~~	37396
~~this division, the superintendent shall consider the~~	37397
~~recommendations of the director.~~	37398

Sec. 1901.121. (A)(1)(a) Subject to division (A)(2) of this	37399
section and in accordance with the payment procedures specified in	37400
division (B) of this section, a judge specified in division	37401
(A)(1)(b) of this section is entitled, on a per diem basis, to the	37402
compensation paid to the incumbent judge of the municipal court in	37403
which the judge is appointed or designated to serve. If the	37404
incumbent judge is compensated as described in division (A)(5) of	37405
section 141.04 of the Revised Code, the appointed or designated	37406
judge is entitled to compensation at that rate. If the incumbent	37407
judge is compensated as described in division (A)(6) of section	37408
141.04 of the Revised Code, the appointed or designated judge is	37409
entitled to compensation at that rate.	37410

(b) The following judges shall receive compensation as	37411
described in division (A)(1)(a) of this section:	37412

;

37413

(i) An acting judge appointed pursuant to division (B) of	37414
section 1901.10 of the Revised Code as a substitute judge because	37415
of the volume of cases pending in the municipal court and the	37416
report of the chief justice of the supreme court that no judge of	37417
another municipal court or county court is available to serve by	37418
designation;	37419

(ii) A judge of another municipal court or county court	37420
designated by the chief justice of the supreme court pursuant to	37421
division (B) of section 1901.10 of the Revised Code because of the	37422
volume of cases pending in the municipal court;	37423

(iii) An acting judge authorized by division (B) of section	37424
1901.12 of the Revised Code and appointed pursuant to division	37425
(A)(2) of section 1901.10 of the Revised Code as a substitute for	37426
the judge of a municipal court that has only one judge, who is on	37427
vacation;	37428

(iv) An acting judge authorized by division (B) of section	37429
1901.12 of the Revised Code and appointed by the presiding judge	37430
of the municipal court pursuant to that division as a substitute	37431
judge because an incumbent judge is on vacation or not in	37432
attendance;	37433

(v) A retired judge who has been assigned to active duty on	37434
the municipal court.	37435

(c) An acting judge appointed pursuant to division (A)(2) of	37436
section 1901.10 of the Revised Code as a substitute for a judge	37437
who is the judge of a municipal court that has only one judge and	37438
who is temporarily absent, incapacitated, or otherwise unavailable	37439
is entitled to compensation in an amount established by the	37440
incumbent judge pursuant to division (A)(2) of section 1901.10 of	37441
the Revised Code.	37442

(2) Division (A)(1) of this section does not include any	37443
acting judge, judge, or retired judge who, at the time of the	37444
judge's appointment, designation, or assignment, is receiving	37445
compensation under division (A)(5) or (6) of section 141.04 of the	37446
Revised Code, except that division (A)(1) of this section includes	37447
a judge who is receiving compensation under division (A)(6) of	37448
section 141.04 of the Revised Code and who is appointed or	37449
designated to serve in a municipal court in which the incumbent	37450
judge receives compensation as described in division (A)(5) of	37451
that section.	37452

(B) Subject to reimbursement under division (C) of this	37453
section, the treasury of the county in which a county-operated	37454
municipal court or other municipal court is located shall pay, on	37455
a per diem basis, the compensation to which an acting judge,	37456
judge, or retired judge as described in division (A)(1) of this	37457
section is entitled.	37458

(C) The treasurer of a county that, pursuant to division (B)	37459
of this section, is required to pay any compensation to which ~~the~~	37460
an acting ~~judges~~judge, ~~judges~~judge, or retired ~~judges~~judge	37461
described in division (A)(1) of this section ~~are~~and appointed or	37462
designated by the chief justice is entitled under division (A)(5)	37463
or (6) of section 141.04 of the Revised Code, shall submit to the	37464
administrative director of the supreme court quarterly requests	37465
for reimbursements of the per diem amounts so paid. The reports	37466
shall include verifications of the payment of those amounts. The	37467
administrative director shall cause reimbursements of those	37468
amounts to be issued to the county if the administrative director	37469
verifies that those amounts were, in fact, so paid.	37470

Sec. 1901.26. (A) Subject to division (E) of this section,	37471
costs in a municipal court shall be fixed and taxed as follows:	37472

(1)(a) The municipal court shall require an advance deposit	37473
for the filing of any new civil action or proceeding when required	37474
by division (C) of this section, and in all other cases, by rule,	37475
shall establish a schedule of fees and costs to be taxed in any	37476
civil or criminal action or proceeding.	37477

(b)(i) The legislative authority of a municipal corporation	37478
may by ordinance establish a schedule of fees to be taxed as costs	37479
in any civil, criminal, or traffic action or proceeding in a	37480
municipal court for the performance by officers or other employees	37481
of the municipal corporation's police department or marshal's	37482
office of any of the services specified in sections 311.17 and	37483
509.15 of the Revised Code. No fee in the schedule shall be higher	37484
than the fee specified in section 311.17 of the Revised Code for	37485
the performance of the same service by the sheriff. If a fee	37486
established in the schedule conflicts with a fee for the same	37487
service established in another section of the Revised Code or a	37488
rule of court, the fee established in the other section of the	37489
Revised Code or the rule of court shall apply.	37490

(ii) When an officer or employee of a municipal police	37491
department or marshal's office performs in a civil, criminal, or	37492
traffic action or proceeding in a municipal court a service	37493
specified in section 311.17 or 509.15 of the Revised Code for	37494
which a taxable fee has been established under this or any other	37495
section of the Revised Code, the applicable legal fees and any	37496
other extraordinary expenses, including overtime, provided for the	37497
service shall be taxed as costs in the case. The clerk of the	37498
court shall pay those legal fees and other expenses, when	37499
collected, into the general fund of the municipal corporation that	37500
employs the officer or employee.	37501

(iii) If a bailiff of a municipal court performs in a civil,	37502
criminal, or traffic action or proceeding in that court a service	37503
specified in section 311.17 or 509.15 of the Revised Code for	37504
which a taxable fee has been established under this section or any	37505
other section of the Revised Code, the fee for the service is the	37506
same and is taxable to the same extent as if the service had been	37507
performed by an officer or employee of the police department or	37508
marshal's office of the municipal corporation in which the court	37509
is located. The clerk of that court shall pay the fee, when	37510
collected, into the general fund of the entity or entities that	37511
fund the bailiff's salary, in the same prorated amount as the	37512
salary is funded.	37513

(iv) Division (A)(1)(b) of this section does not authorize or	37514
require any officer or employee of a police department or	37515
marshal's office of a municipal corporation or any bailiff of a	37516
municipal court to perform any service not otherwise authorized by	37517
law.	37518

(2) The municipal court, by rule, may require an advance	37519
deposit for the filing of any civil action or proceeding and	37520
publication fees as provided in section 2701.09 of the Revised	37521
Code. The court may waive the requirement for advance deposit upon	37522
affidavit or other evidence that a party is unable to make the	37523
required deposit.	37524

(3) When a jury trial is demanded in any civil action or	37525
proceeding, the party making the demand may be required to make an	37526
advance deposit as fixed by rule of court, unless, upon affidavit	37527
or other evidence, the court concludes that the party is unable to	37528
make the required deposit. If a jury is called, the fees of a jury	37529
shall be taxed as costs.	37530

(4) In any civil or criminal action or proceeding, each	37531
witness shall receive twelve dollars for each full day's	37532
attendance and six dollars for each half day's attendance. Each	37533
witness in a municipal court that is not a county-operated	37534
municipal court also shall receive fifty and one-half cents for	37535
each mile necessarily traveled to and from the witness's place of	37536
residence to the action or proceeding.	37537

(5) A reasonable charge for driving, towing, carting,	37538
storing, keeping, and preserving motor vehicles and other personal	37539
property recovered or seized in any proceeding may be taxed as	37540
part of the costs in a trial of the cause, in an amount that shall	37541
be fixed by rule of court.	37542

(6) Chattel property seized under any writ or process issued	37543
by the court shall be preserved pending final disposition for the	37544
benefit of all persons interested and may be placed in storage	37545
when necessary or proper for that preservation. The custodian of	37546
any chattel property so stored shall not be required to part with	37547
the possession of the property until a reasonable charge, to be	37548
fixed by the court, is paid.	37549

(7) The municipal court, as it determines, may refund all	37550
deposits and advance payments of fees and costs, including those	37551
for jurors and summoning jurors, when they have been paid by the	37552
losing party.	37553

(8) Charges for the publication of legal notices required by	37554
statute or order of court may be taxed as part of the costs, as	37555
provided by section 7.13 of the Revised Code.	37556

(B)(1) The municipal court may determine that, for the	37557
efficient operation of the court, additional funds are necessary	37558
to acquire and pay for special projects of the court including,	37559
but not limited to, the acquisition of additional facilities or	37560
the rehabilitation of existing facilities, the acquisition of	37561
equipment, the hiring and training of staff, community service	37562
programs, mediation or dispute resolution services, the employment	37563
of magistrates, the training and education of judges, acting	37564
judges, and magistrates, and other related services. Upon that	37565
determination, the court by rule may charge a fee, in addition to	37566
all other court costs, on the filing of each criminal cause, civil	37567
action or proceeding, or judgment by confession.	37568

If the municipal court offers a special program or service in	37569
cases of a specific type, the municipal court by rule may assess	37570
an additional charge in a case of that type, over and above court	37571
costs, to cover the special program or service. The municipal	37572
court shall adjust the special assessment periodically, but not	37573
retroactively, so that the amount assessed in those cases does not	37574
exceed the actual cost of providing the service or program.	37575

All moneys collected under division (B) of this section shall	37576
be paid to the county treasurer if the court is a county-operated	37577
municipal court or to the city treasurer if the court is not a	37578
county-operated municipal court for deposit into either a general	37579
special projects fund or a fund established for a specific special	37580
project. Moneys from a fund of that nature shall be disbursed upon	37581
an order of the court in an amount no greater than the actual cost	37582
to the court of a project. If a specific fund is terminated	37583
because of the discontinuance of a program or service established	37584
under division (B) of this section, the municipal court may order	37585
that moneys remaining in the fund be transferred to an account	37586
established under this division for a similar purpose.	37587

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

37588

(a) "Criminal cause" means a charge alleging the violation of	37589
a statute or ordinance, or subsection of a statute or ordinance,	37590
that requires a separate finding of fact or a separate plea before	37591
disposition and of which the defendant may be found guilty,	37592
whether filed as part of a multiple charge on a single summons,	37593
citation, or complaint or as a separate charge on a single	37594
summons, citation, or complaint. "Criminal cause" does not include	37595
separate violations of the same statute or ordinance, or	37596
subsection of the same statute or ordinance, unless each charge is	37597
filed on a separate summons, citation, or complaint.	37598

(b) "Civil action or proceeding" means any civil litigation	37599
that must be determined by judgment entry.	37600

(C) The municipal court shall collect in all its divisions	37601
except the small claims division the sum of twenty-six dollars as	37602
additional filing fees in each new civil action or proceeding for	37603
the charitable public purpose of providing financial assistance	37604
to legal aid societies that operate within the state and to	37605
support the office of the state public defender. The municipal	37606
court shall collect in its small claims division the sum of	37607
eleven dollars as additional filing fees in each new civil action	37608
or proceeding for the charitable public purpose of providing	37609
financial assistance to legal aid societies that operate within	37610
the state and to support the office of the state public	37611
defender. This division does not apply to any execution on a	37612
judgment, proceeding in aid of execution, or other post-judgment	37613
proceeding arising out of a civil action. The filing fees required	37614
to be collected under this division shall be in addition to any	37615
other court costs imposed in the action or proceeding and shall	37616
be collected at the time of the filing of the action or	37617
proceeding. The court shall not waive the payment of the	37618
additional filing fees in a new civil action or proceeding unless	37619
the court waives the advanced payment of all filing fees in the	37620
action or proceeding. All such moneys collected during a month	37621
except for an amount equal to up to one per cent of those moneys	37622
retained to cover administrative costs shall be transmitted on or	37623
before the twentieth day of the following month by the clerk of	37624
the court to the treasurer of state in a manner prescribed by the	37625
treasurer of state or by the Ohio legal assistance foundation.	37626
The treasurer of state shall deposit four per cent of the funds	37627
collected under this division to the credit of the civil case	37628
filing fee fund established under section 120.07 of the Revised	37629
Code and ninety-six per cent of the funds collected under this	37630
division to the credit of the legal aid fund established under	37631
section 120.52 of the Revised Code.	37632

The court may retain up to one per cent of the moneys it	37633
collects under this division to cover administrative costs,	37634
including the hiring of any additional personnel necessary to	37635
implement this division. If the court fails to transmit to the	37636
treasurer of state the moneys the court collects under this	37637
division in a manner prescribed by the treasurer of state or by	37638
the Ohio legal assistance foundation, the court shall forfeit the	37639
moneys the court retains under this division to cover	37640
administrative costs, including the hiring of any additional	37641
personnel necessary to implement this division, and shall transmit	37642
to the treasurer of state all moneys collected under this	37643
division, including the forfeited amount retained for	37644
administrative costs, for deposit in the legal aid fund.	37645

(D) In the Cleveland municipal court, reasonable charges for	37646
investigating titles of real estate to be sold or disposed of	37647
under any writ or process of the court may be taxed as part of the	37648
costs.	37649

(E) Under the circumstances described in sections 2969.21 to	37650
2969.27 of the Revised Code, the clerk of the municipal court	37651
shall charge the fees and perform the other duties specified in	37652
those sections.	37653

(F) As used in this section:

37654

(1) "Full day's attendance" means a day on which a witness is	37655
required or requested to be present at an action or proceeding	37656
before and after twelve noon, regardless of whether the witness	37657
actually testifies.	37658

(2) "Half day's attendance" means a day on which a witness is	37659
required or requested to be present at an action or proceeding	37660
either before or after twelve noon, but not both, regardless of	37661
whether the witness actually testifies.	37662

Sec. 1901.31. The clerk and deputy clerks of a municipal	37663
court shall be selected, be compensated, give bond, and have	37664
powers and duties as follows:	37665

(A) There shall be a clerk of the court who is appointed or	37666
elected as follows:	37667

(1)(a) Except in the Akron, Barberton, Toledo, Hamilton	37668
county, Portage county, and Wayne county municipal courts and	37669
through December 31, 2008, the Cuyahoga Falls municipal court, if	37670
the population of the territory equals or exceeds one hundred	37671
thousand at the regular municipal election immediately preceding	37672
the expiration of the term of the present clerk, the clerk shall	37673
be nominated and elected by the qualified electors of the	37674
territory in the manner that is provided for the nomination and	37675
election of judges in section 1901.07 of the Revised Code.	37676

The clerk so elected shall hold office for a term of six	37677
years, which term shall commence on the first day of January	37678
following the clerk's election and continue until the clerk's	37679
successor is elected and qualified.	37680

(b) In the Hamilton county municipal court, the clerk of	37681
courts of Hamilton county shall be the clerk of the municipal	37682
court and may appoint an assistant clerk who shall receive the	37683
compensation, payable out of the treasury of Hamilton county in	37684
semimonthly installments, that the board of county commissioners	37685
prescribes. The clerk of courts of Hamilton county, acting as the	37686
clerk of the Hamilton county municipal court and assuming the	37687
duties of that office, shall receive compensation at one-fourth	37688
the rate that is prescribed for the clerks of courts of common	37689
pleas as determined in accordance with the population of the	37690
county and the rates set forth in sections 325.08 and 325.18 of	37691
the Revised Code. This compensation shall be paid from the county	37692
treasury in semimonthly installments and is in addition to the	37693
annual compensation that is received for the performance of the	37694
duties of the clerk of courts of Hamilton county, as provided in	37695
sections 325.08 and 325.18 of the Revised Code.	37696

(c) In the Portage county and Wayne county municipal courts,	37697
the clerks of courts of Portage county and Wayne county shall be	37698
the clerks, respectively, of the Portage county and Wayne county	37699
municipal courts and may appoint a chief deputy clerk for each	37700
branch that is established pursuant to section 1901.311 of the	37701
Revised Code and assistant clerks as the judges of the municipal	37702
court determine are necessary, all of whom shall receive the	37703
compensation that the legislative authority prescribes. The clerks	37704
of courts of Portage county and Wayne county, acting as the clerks	37705
of the Portage county and Wayne county municipal courts and	37706
assuming the duties of these offices, shall receive compensation	37707
payable from the county treasury in semimonthly installments at	37708
one-fourth the rate that is prescribed for the clerks of courts	37709
of common pleas as determined in accordance with the population	37710
of the county and the rates set forth in sections 325.08 and	37711
325.18 of the Revised Code.	37712

(d) Except as otherwise provided in division (A)(1)(d) of	37713
this section, in the Akron municipal court, candidates for	37714
election to the office of clerk of the court shall be nominated by	37715
primary election. The primary election shall be held on the day	37716
specified in the charter of the city of Akron for the nomination	37717
of municipal officers. Notwithstanding any contrary provision of	37718
section 3513.05 or 3513.257 of the Revised Code, the declarations	37719
of candidacy and petitions of partisan candidates and the	37720
nominating petitions of independent candidates for the office of	37721
clerk of the Akron municipal court shall be signed by at least	37722
fifty qualified electors of the territory of the court.	37723

The candidates shall file a declaration of candidacy and	37724
petition, or a nominating petition, whichever is applicable, not	37725
later than four p.m. of the seventy-fifth day before the day of	37726
the primary election, in the form prescribed by section 3513.07 or	37727
3513.261 of the Revised Code. The declaration of candidacy and	37728
petition, or the nominating petition, shall conform to the	37729
applicable requirements of section 3513.05 or 3513.257 of the	37730
Revised Code.	37731

If no valid declaration of candidacy and petition is filed by	37732
any person for nomination as a candidate of a particular political	37733
party for election to the office of clerk of the Akron municipal	37734
court, a primary election shall not be held for the purpose of	37735
nominating a candidate of that party for election to that office.	37736
If only one person files a valid declaration of candidacy and	37737
petition for nomination as a candidate of a particular political	37738
party for election to that office, a primary election shall not be	37739
held for the purpose of nominating a candidate of that party for	37740
election to that office, and the candidate shall be issued a	37741
certificate of nomination in the manner set forth in section	37742
3513.02 of the Revised Code.	37743

Declarations of candidacy and petitions, nominating	37744
petitions, and certificates of nomination for the office of clerk	37745
of the Akron municipal court shall contain a designation of the	37746
term for which the candidate seeks election. At the following	37747
regular municipal election, all candidates for the office shall be	37748
submitted to the qualified electors of the territory of the court	37749
in the manner that is provided in section 1901.07 of the Revised	37750
Code for the election of the judges of the court. The clerk so	37751
elected shall hold office for a term of six years, which term	37752
shall commence on the first day of January following the clerk's	37753
election and continue until the clerk's successor is elected and	37754
qualified.	37755

(e) Except as otherwise provided in division (A)(1)(e) of	37756
this section, in the Barberton municipal court, candidates for	37757
election to the office of clerk of the court shall be nominated by	37758
primary election. The primary election shall be held on the day	37759
specified in the charter of the city of Barberton for the	37760
nomination of municipal officers. Notwithstanding any contrary	37761
provision of section 3513.05 or 3513.257 of the Revised Code, the	37762
declarations of candidacy and petitions of partisan candidates and	37763
the nominating petitions of independent candidates for the office	37764
of clerk of the Barberton municipal court shall be signed by at	37765
least fifty qualified electors of the territory of the court.	37766

The candidates shall file a declaration of candidacy and	37767
petition, or a nominating petition, whichever is applicable, not	37768
later than four p.m. of the seventy-fifth day before the day of	37769
the primary election, in the form prescribed by section 3513.07 or	37770
3513.261 of the Revised Code. The declaration of candidacy and	37771
petition, or the nominating petition, shall conform to the	37772
applicable requirements of section 3513.05 or 3513.257 of the	37773
Revised Code.	37774

If no valid declaration of candidacy and petition is filed by	37775
any person for nomination as a candidate of a particular political	37776
party for election to the office of clerk of the Barberton	37777
municipal court, a primary election shall not be held for the	37778
purpose of nominating a candidate of that party for election to	37779
that office. If only one person files a valid declaration of	37780
candidacy and petition for nomination as a candidate of a	37781
particular political party for election to that office, a primary	37782
election shall not be held for the purpose of nominating a	37783
candidate of that party for election to that office, and the	37784
candidate shall be issued a certificate of nomination in the	37785
manner set forth in section 3513.02 of the Revised Code.	37786

Declarations of candidacy and petitions, nominating	37787
petitions, and certificates of nomination for the office of clerk	37788
of the Barberton municipal court shall contain a designation of	37789
the term for which the candidate seeks election. At the following	37790
regular municipal election, all candidates for the office shall be	37791
submitted to the qualified electors of the territory of the court	37792
in the manner that is provided in section 1901.07 of the Revised	37793
Code for the election of the judges of the court. The clerk so	37794
elected shall hold office for a term of six years, which term	37795
shall commence on the first day of January following the clerk's	37796
election and continue until the clerk's successor is elected and	37797
qualified.	37798

(f)(i) Through December 31, 2008, except as otherwise	37799
provided in division (A)(1)(f)(i) of this section, in the Cuyahoga	37800
Falls municipal court, candidates for election to the office of	37801
clerk of the court shall be nominated by primary election. The	37802
primary election shall be held on the day specified in the charter	37803
of the city of Cuyahoga Falls for the nomination of municipal	37804
officers. Notwithstanding any contrary provision of section	37805
3513.05 or 3513.257 of the Revised Code, the declarations of	37806
candidacy and petitions of partisan candidates and the nominating	37807
petitions of independent candidates for the office of clerk of the	37808
Cuyahoga Falls municipal court shall be signed by at least fifty	37809
qualified electors of the territory of the court.	37810

The candidates shall file a declaration of candidacy and	37811
petition, or a nominating petition, whichever is applicable, not	37812
later than four p.m. of the seventy-fifth day before the day of	37813
the primary election, in the form prescribed by section 3513.07 or	37814
3513.261 of the Revised Code. The declaration of candidacy and	37815
petition, or the nominating petition, shall conform to the	37816
applicable requirements of section 3513.05 or 3513.257 of the	37817
Revised Code.	37818

If no valid declaration of candidacy and petition is filed by	37819
any person for nomination as a candidate of a particular political	37820
party for election to the office of clerk of the Cuyahoga Falls	37821
municipal court, a primary election shall not be held for the	37822
purpose of nominating a candidate of that party for election to	37823
that office. If only one person files a valid declaration of	37824
candidacy and petition for nomination as a candidate of a	37825
particular political party for election to that office, a primary	37826
election shall not be held for the purpose of nominating a	37827
candidate of that party for election to that office, and the	37828
candidate shall be issued a certificate of nomination in the	37829
manner set forth in section 3513.02 of the Revised Code.	37830

Declarations of candidacy and petitions, nominating	37831
petitions, and certificates of nomination for the office of clerk	37832
of the Cuyahoga Falls municipal court shall contain a designation	37833
of the term for which the candidate seeks election. At the	37834
following regular municipal election, all candidates for the	37835
office shall be submitted to the qualified electors of the	37836
territory of the court in the manner that is provided in section	37837
1901.07 of the Revised Code for the election of the judges of the	37838
court. The clerk so elected shall hold office for a term of six	37839
years, which term shall commence on the first day of January	37840
following the clerk's election and continue until the clerk's	37841
successor is elected and qualified.	37842

(ii) Division (A)(1)(f)(i) of this section shall have no	37843
effect after December 31, 2008.	37844

(g) Except as otherwise provided in division (A)(1)(g) of	37845
this section, in the Toledo municipal court, candidates for	37846
election to the office of clerk of the court shall be nominated by	37847
primary election. The primary election shall be held on the day	37848
specified in the charter of the city of Toledo for the nomination	37849
of municipal officers. Notwithstanding any contrary provision of	37850
section 3513.05 or 3513.257 of the Revised Code, the declarations	37851
of candidacy and petitions of partisan candidates and the	37852
nominating petitions of independent candidates for the office of	37853
clerk of the Toledo municipal court shall be signed by at least	37854
fifty qualified electors of the territory of the court.	37855

The candidates shall file a declaration of candidacy and	37856
petition, or a nominating petition, whichever is applicable, not	37857
later than four p.m. of the seventy-fifth day before the day of	37858
the primary election, in the form prescribed by section 3513.07 or	37859
3513.261 of the Revised Code. The declaration of candidacy and	37860
petition, or the nominating petition, shall conform to the	37861
applicable requirements of section 3513.05 or 3513.257 of the	37862
Revised Code.	37863

If no valid declaration of candidacy and petition is filed by	37864
any person for nomination as a candidate of a particular political	37865
party for election to the office of clerk of the Toledo municipal	37866
court, a primary election shall not be held for the purpose of	37867
nominating a candidate of that party for election to that office.	37868
If only one person files a valid declaration of candidacy and	37869
petition for nomination as a candidate of a particular political	37870
party for election to that office, a primary election shall not be	37871
held for the purpose of nominating a candidate of that party for	37872
election to that office, and the candidate shall be issued a	37873
certificate of nomination in the manner set forth in section	37874
3513.02 of the Revised Code.	37875

Declarations of candidacy and petitions, nominating	37876
petitions, and certificates of nomination for the office of clerk	37877
of the Toledo municipal court shall contain a designation of the	37878
term for which the candidate seeks election. At the following	37879
regular municipal election, all candidates for the office shall be	37880
submitted to the qualified electors of the territory of the court	37881
in the manner that is provided in section 1901.07 of the Revised	37882
Code for the election of the judges of the court. The clerk so	37883
elected shall hold office for a term of six years, which term	37884
shall commence on the first day of January following the clerk's	37885
election and continue until the clerk's successor is elected and	37886
qualified.	37887

(2)(a) Except for the Alliance, Auglaize county, Brown	37888
county, Columbiana county, Holmes county, Lorain, Massillon, and	37889
Youngstown municipal courts, in a municipal court for which the	37890
population of the territory is less than one hundred thousand, the	37891
clerk shall be appointed by the court, and the clerk shall hold	37892
office until the clerk's successor is appointed and qualified.	37893

(b) In the Alliance, Lorain, Massillon, and Youngstown	37894
municipal courts, the clerk shall be elected for a term of office	37895
as described in division (A)(1)(a) of this section.	37896

(c) In the Auglaize county, Brown county, and Holmes county	37897
municipal courts, the clerks of courts of Auglaize county, Brown	37898
county, and Holmes county shall be the clerks, respectively, of	37899
the Auglaize county, Brown county, and Holmes county municipal	37900
courts and may appoint a chief deputy clerk for each branch office	37901
that is established pursuant to section 1901.311 of the Revised	37902
Code, and assistant clerks as the judge of the court determines	37903
are necessary, all of whom shall receive the compensation that the	37904
legislative authority prescribes. The clerks of courts of Auglaize	37905
county, Brown county, and Holmes county, acting as the clerks of	37906
the Auglaize county, Brown county, and Holmes county municipal	37907
courts and assuming the duties of these offices, shall receive	37908
compensation payable from the county treasury in semimonthly	37909
installments at one-fourth the rate that is prescribed for the	37910
clerks of courts of common pleas as determined in accordance with	37911
the population of the county and the rates set forth in sections	37912
325.08 and 325.18 of the Revised Code.	37913

(d) In the Columbiana county municipal court, the clerk of	37914
courts of Columbiana county shall be the clerk of the municipal	37915
court, may appoint a chief deputy clerk for each branch office	37916
that is established pursuant to section 1901.311 of the Revised	37917
Code, and may appoint any assistant clerks that the judges of the	37918
court determine are necessary. All of the chief deputy clerks and	37919
assistant clerks shall receive the compensation that the	37920
legislative authority prescribes. The clerk of courts of	37921
Columbiana county, acting as the clerk of the Columbiana county	37922
municipal court and assuming the duties of that office, shall	37923
receive in either biweekly installments or semimonthly	37924
installments, as determined by the payroll administrator,	37925
compensation payable from the county treasury at one-fourth the	37926
rate that is prescribed for the clerks of courts of common pleas	37927
as determined in accordance with the population of the county and	37928
the rates set forth in sections 325.08 and 325.18 of the Revised	37929
Code.	37930

(3) During the temporary absence of the clerk due to illness,	37931
vacation, or other proper cause, the court may appoint a temporary	37932
clerk, who shall be paid the same compensation, have the same	37933
authority, and perform the same duties as the clerk.	37934

(B) Except in the Hamilton county, Portage county, and Wayne	37935
county municipal courts, if a vacancy occurs in the office of the	37936
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal	37937
court or occurs in the office of the clerk of a municipal court	37938
for which the population of the territory equals or exceeds one	37939
hundred thousand because the clerk ceases to hold the office	37940
before the end of the clerk's term or because a clerk-elect fails	37941
to take office, the vacancy shall be filled, until a successor is	37942
elected and qualified, by a person chosen by the residents of the	37943
territory of the court who are members of the county central	37944
committee of the political party by which the last occupant of	37945
that office or the clerk-elect was nominated. Not less than five	37946
nor more than fifteen days after a vacancy occurs, those members	37947
of that county central committee shall meet to make an appointment	37948
to fill the vacancy. At least four days before the date of the	37949
meeting, the chairperson or a secretary of the county central	37950
committee shall notify each such member of that county central	37951
committee by first class mail of the date, time, and place of the	37952
meeting and its purpose. A majority of all such members of that	37953
county central committee constitutes a quorum, and a majority of	37954
the quorum is required to make the appointment. If the office so	37955
vacated was occupied or was to be occupied by a person not	37956
nominated at a primary election, or if the appointment was not	37957
made by the committee members in accordance with this division,	37958
the court shall make an appointment to fill the vacancy. A	37959
successor shall be elected to fill the office for the unexpired	37960
term at the first municipal election that is held more than one	37961
hundred twenty days after the vacancy occurred.	37962

(C)(1) In a municipal court, other than the Auglaize county,	37963
the Brown county, the Columbiana county, the Holmes county, and	37964
the Lorain municipal courts, for which the population of the	37965
territory is less than one hundred thousand, the clerk of the	37966
municipal court shall receive the annual compensation that the	37967
presiding judge of the court prescribes, if the revenue of the	37968
court for the preceding calendar year, as certified by the auditor	37969
or chief fiscal officer of the municipal corporation in which the	37970
court is located or, in the case of a county-operated municipal	37971
court, the county auditor, is equal to or greater than the	37972
expenditures, including any debt charges, for the operation of the	37973
court payable under this chapter from the city treasury or, in the	37974
case of a county-operated municipal court, the county treasury for	37975
that calendar year, as also certified by the auditor or chief	37976
fiscal officer. If the revenue of a municipal court, other than	37977
the Auglaize county, the Brown county, the Columbiana county, and	37978
the Lorain municipal courts, for which the population of the	37979
territory is less than one hundred thousand for the preceding	37980
calendar year as so certified is not equal to or greater than	37981
those expenditures for the operation of the court for that	37982
calendar year as so certified, the clerk of a municipal court	37983
shall receive the annual compensation that the legislative	37984
authority prescribes. As used in this division, "revenue" means	37985
the total of all costs and fees that are collected and paid to the	37986
city treasury or, in a county-operated municipal court, the county	37987
treasury by the clerk of the municipal court under division (F) of	37988
this section and all interest received and paid to the city	37989
treasury or, in a county-operated municipal court, the county	37990
treasury in relation to the costs and fees under division (G) of	37991
this section.	37992

(2) In a municipal court, other than the Hamilton county,	37993
Portage county, and Wayne county municipal courts, for which the	37994
population of the territory is one hundred thousand or more, and	37995
in the Lorain municipal court, the clerk of the municipal court	37996
shall receive annual compensation in a sum equal to eighty-five	37997
per cent of the salary of a judge of the court.	37998

(3) The compensation of a clerk described in division (C)(1)	37999
or (2) of this section and of the clerk of the Columbiana county	38000
municipal court is payable in either semimonthly installments or	38001
biweekly installments, as determined by the payroll	38002
administrator, from the same sources and in the same manner as	38003
provided in section 1901.11 of the Revised Code, except that the	38004
compensation of the clerk of the Carroll county municipal court	38005
is payable in biweekly installments.	38006

(D) Before entering upon the duties of the clerk's office,	38007
the clerk of a municipal court shall give bond of not less than	38008
six thousand dollars to be determined by the judges of the court,	38009
conditioned upon the faithful performance of the clerk's duties.	38010

(E) The clerk of a municipal court may do all of the	38011
following: administer oaths, take affidavits, and issue executions	38012
upon any judgment rendered in the court, including a judgment for	38013
unpaid costs; issue, sign, and attach the seal of the court to all	38014
writs, process, subpoenas, and papers issuing out of the court;	38015
and approve all bonds, sureties, recognizances, and undertakings	38016
fixed by any judge of the court or by law. The clerk may refuse to	38017
accept for filing any pleading or paper submitted for filing by a	38018
person who has been found to be a vexatious litigator under	38019
section 2323.52 of the Revised Code and who has failed to obtain	38020
leave to proceed under that section. The clerk shall do all of the	38021
following: file and safely keep all journals, records, books, and	38022
papers belonging or appertaining to the court; record the	38023
proceedings of the court; perform all other duties that the judges	38024
of the court may prescribe; and keep a book showing all receipts	38025
and disbursements, which book shall be open for public inspection	38026
at all times.	38027

The clerk shall prepare and maintain a general index, a	38028
docket, and other records that the court, by rule, requires, all	38029
of which shall be the public records of the court. In the docket,	38030
the clerk shall enter, at the time of the commencement of an	38031
action, the names of the parties in full, the names of the	38032
counsel, and the nature of the proceedings. Under proper dates,	38033
the clerk shall note the filing of the complaint, issuing of	38034
summons or other process, returns, and any subsequent pleadings.	38035
The clerk also shall enter all reports, verdicts, orders,	38036
judgments, and proceedings of the court, clearly specifying the	38037
relief granted or orders made in each action. The court may order	38038
an extended record of any of the above to be made and entered,	38039
under the proper action heading, upon the docket at the request of	38040
any party to the case, the expense of which record may be taxed as	38041
costs in the case or may be required to be prepaid by the party	38042
demanding the record, upon order of the court.	38043

(F) The clerk of a municipal court shall receive, collect,	38044
and issue receipts for all costs, fees, fines, bail, and other	38045
moneys payable to the office or to any officer of the court. The	38046
clerk shall each month disburse to the proper persons or officers,	38047
and take receipts for, all costs, fees, fines, bail, and other	38048
moneys that the clerk collects. Subject to sections 3375.50 and	38049
4511.193 of the Revised Code and to any other section of the	38050
Revised Code that requires a specific manner of disbursement of	38051
any moneys received by a municipal court and except for the	38052
Hamilton county, Lawrence county, and Ottawa county municipal	38053
courts, the clerk shall pay all fines received for violation of	38054
municipal ordinances into the treasury of the municipal	38055
corporation the ordinance of which was violated and shall pay all	38056
fines received for violation of township resolutions adopted	38057
pursuant to section 503.52 or 503.53 or Chapter 504. of the	38058
Revised Code into the treasury of the township the resolution of	38059
which was violated. Subject to sections 1901.024 and 4511.193 of	38060
the Revised Code, in the Hamilton county, Lawrence county, and	38061
Ottawa county municipal courts, the clerk shall pay fifty per cent	38062
of the fines received for violation of municipal ordinances and	38063
fifty per cent of the fines received for violation of township	38064
resolutions adopted pursuant to section 503.52 or 503.53 or	38065
Chapter 504. of the Revised Code into the treasury of the county.	38066
Subject to sections 3375.50, 3375.53, 4511.19, and 5503.04 of the	38067
Revised Code and to any other section of the Revised Code that	38068
requires a specific manner of disbursement of any moneys received	38069
by a municipal court, the clerk shall pay all fines collected for	38070
the violation of state laws into the county treasury. Except in a	38071
county-operated municipal court, the clerk shall pay all costs and	38072
fees the disbursement of which is not otherwise provided for in	38073
the Revised Code into the city treasury. The clerk of a	38074
county-operated municipal court shall pay the costs and fees the	38075
disbursement of which is not otherwise provided for in the Revised	38076
Code into the county treasury. Moneys deposited as security for	38077
costs shall be retained pending the litigation. The clerk shall	38078
keep a separate account of all receipts and disbursements in civil	38079
and criminal cases, which shall be a permanent public record of	38080
the office. On the expiration of the term of the clerk, the clerk	38081
shall deliver the records to the clerk's successor. The clerk	38082
shall have other powers and duties as are prescribed by rule or	38083
order of the court.	38084

(G) All moneys paid into a municipal court shall be noted on	38085
the record of the case in which they are paid and shall be	38086
deposited in a state or national bank, or a domestic savings and	38087
loan association, as defined in section 1151.01 of the Revised	38088
Code, that is selected by the clerk. Any interest received upon	38089
the deposits shall be paid into the city treasury, except that, in	38090
a county-operated municipal court, the interest shall be paid into	38091
the treasury of the county in which the court is located.	38092

On the first Monday in January of each year, the clerk shall	38093
make a list of the titles of all cases in the court that were	38094
finally determined more than one year past in which there remains	38095
unclaimed in the possession of the clerk any funds, or any part of	38096
a deposit for security of costs not consumed by the costs in the	38097
case. The clerk shall give notice of the moneys to the parties who	38098
are entitled to the moneys or to their attorneys of record. All	38099
the moneys remaining unclaimed on the first day of April of each	38100
year shall be paid by the clerk to the city treasurer, except	38101
that, in a county-operated municipal court, the moneys shall be	38102
paid to the treasurer of the county in which the court is located.	38103
The treasurer shall pay any part of the moneys at any time to the	38104
person who has the right to the moneys upon proper certification	38105
of the clerk.	38106

(H) Deputy clerks of a municipal court other than the Carroll	38107
county municipal court may be appointed by the clerk and shall	38108
receive the compensation, payable in either biweekly installments	38109
or semimonthly installments, as determined by the payroll	38110
administrator, out of the city treasury, that the clerk may	38111
prescribe, except that the compensation of any deputy clerk of a	38112
county-operated municipal court shall be paid out of the treasury	38113
of the county in which the court is located. The judge of the	38114
Carroll county municipal court may appoint deputy clerks for the	38115
court, and the deputy clerks shall receive the compensation,	38116
payable in biweekly installments out of the county treasury, that	38117
the judge may prescribe. Each deputy clerk shall take an oath of	38118
office before entering upon the duties of the deputy clerk's	38119
office and, when so qualified, may perform the duties appertaining	38120
to the office of the clerk. The clerk may require any of the	38121
deputy clerks to give bond of not less than three thousand	38122
dollars, conditioned for the faithful performance of the deputy	38123
clerk's duties.	38124

(I) For the purposes of this section, whenever the population	38125
of the territory of a municipal court falls below one hundred	38126
thousand but not below ninety thousand, and the population of the	38127
territory prior to the most recent regular federal census exceeded	38128
one hundred thousand, the legislative authority of the municipal	38129
corporation may declare, by resolution, that the territory shall	38130
be considered to have a population of at least one hundred	38131
thousand.	38132

(J) The clerk or a deputy clerk shall be in attendance at all	38133
sessions of the municipal court, although not necessarily in the	38134
courtroom, and may administer oaths to witnesses and jurors and	38135
receive verdicts.	38136

Sec. 1907.14. ~~(A)~~ A judge of a county court shall take an	38137
oath of office as provided in section 3.23 of the Revised Code,	38138
the office of judge of a county court is subject to forfeiture,	38139
and a judge may be removed from office, for the causes and by the	38140
procedure provided in sections 3.07 to 3.10 of the Revised Code.	38141

When a judge of a county court is temporarily absent,	38142
incapacitated, or otherwise unavailable, the judge may appoint a	38143
substitute having the qualifications required by section 1907.13	38144
of the Revised Code or may appoint a retired judge of a court of	38145
record in the state who is a qualified elector and a resident of	38146
the county court district. If the judge is unable to make the	38147
appointment, the administrative judge of the county court district	38148
or the administrative judge of the court of common pleas of the	38149
county shall appoint the substitute. The appointee shall serve	38150
during the absence, incapacity, or unavailability of the	38151
incumbent, shall have the jurisdiction and powers conferred upon	38152
the judge of the county court, and shall be styled "acting judge."	38153
During that term of service, the acting judge shall sign all	38154
process and records and perform all acts pertaining to the office	38155
except that of removal and appointment of officers of the court.	38156
All courts shall take judicial notice of the selection and powers	38157
of the acting judge. The incumbent judge shall establish the	38158
amount of the compensation of an acting judge on a per diem,	38159
hourly, or other basis, and the compensation shall not exceed the	38160
per diem compensation paid to the incumbent judge based upon a	38161
work year of one hundred thirty days. The compensation shall be	38162
payable in the same manner as the compensation paid to the	38163
incumbent judge during the same period.	38164

~~(B) The treasurer of a county that, pursuant to division (A)~~	38165
~~of this section, is required to pay any compensation to which the~~	38166
~~acting judges, judges, or retired judges described in that~~	38167
~~division are entitled under division (A)(6) of section 141.04 of~~	38168
~~the Revised Code, shall submit to the administrative director of~~	38169
~~the supreme court quarterly requests for reimbursements of the per~~	38170
~~diem amounts so paid. The reports shall include verifications of~~	38171
~~the payment of those amounts. The administrative director shall~~	38172
~~cause reimbursements of those amounts to be issued to the county~~	38173
~~if the administrative director verifies that those amounts were,~~	38174
~~in fact, so paid.~~	38175

Sec. 1907.24. (A) Subject to division (C) of this section, a	38176
county court shall fix and tax fees and costs as follows:	38177

(1) The county court shall require an advance deposit for the	38178
filing of any new civil action or proceeding when required by	38179
division (C) of this section and, in all other cases, shall	38180
establish a schedule of fees and costs to be taxed in any civil or	38181
criminal action or proceeding.	38182

(2) The county court by rule may require an advance deposit	38183
for the filing of a civil action or proceeding and publication	38184
fees as provided in section 2701.09 of the Revised Code. The court	38185
may waive an advance deposit requirement upon the presentation of	38186
an affidavit or other evidence that establishes that a party is	38187
unable to make the requisite deposit.	38188

(3) When a party demands a jury trial in a civil action or	38189
proceeding, the county court may require the party to make an	38190
advance deposit as fixed by rule of court, unless the court	38191
concludes, on the basis of an affidavit or other evidence	38192
presented by the party, that the party is unable to make the	38193
requisite deposit. If a jury is called, the county court shall tax	38194
the fees of a jury as costs.	38195

(4) In a civil or criminal action or proceeding, the county	38196
court shall fix the fees of witnesses in accordance with sections	38197
2335.06 and 2335.08 of the Revised Code.	38198

(5) A county court may tax as part of the costs in a trial of	38199
the cause, in an amount fixed by rule of court, a reasonable	38200
charge for driving, towing, carting, storing, keeping, and	38201
preserving motor vehicles and other personal property recovered or	38202
seized in a proceeding.	38203

(6) The court shall preserve chattel property seized under a	38204
writ or process issued by the court pending final disposition for	38205
the benefit of all interested persons. The court may place the	38206
chattel property in storage when necessary or proper for its	38207
preservation. The custodian of chattel property so stored shall	38208
not be required to part with the possession of the property until	38209
a reasonable charge, to be fixed by the court, is paid.	38210

(7) The county court, as it determines, may refund all	38211
deposits and advance payments of fees and costs, including those	38212
for jurors and summoning jurors, when they have been paid by the	38213
losing party.	38214

(8) The court may tax as part of costs charges for the	38215
publication of legal notices required by statute or order of	38216
court, as provided by section 7.13 of the Revised Code.	38217

(B)(1) The county court may determine that, for the efficient	38218
operation of the court, additional funds are necessary to acquire	38219
and pay for special projects of the court including, but not	38220
limited to, the acquisition of additional facilities or the	38221
rehabilitation of existing facilities, the acquisition of	38222
equipment, the hiring and training of staff, community service	38223
programs, mediation or dispute resolution services, the employment	38224
of magistrates, the training and education of judges, acting	38225
judges, and magistrates, and other related services. Upon that	38226
determination, the court by rule may charge a fee, in addition to	38227
all other court costs, on the filing of each criminal cause, civil	38228
action or proceeding, or judgment by confession.	38229

If the county court offers a special program or service in	38230
cases of a specific type, the county court by rule may assess an	38231
additional charge in a case of that type, over and above court	38232
costs, to cover the special program or service. The county court	38233
shall adjust the special assessment periodically, but not	38234
retroactively, so that the amount assessed in those cases does not	38235
exceed the actual cost of providing the service or program.	38236

All moneys collected under division (B) of this section shall	38237
be paid to the county treasurer for deposit into either a general	38238
special projects fund or a fund established for a specific special	38239
project. Moneys from a fund of that nature shall be disbursed upon	38240
an order of the court in an amount no greater than the actual cost	38241
to the court of a project. If a specific fund is terminated	38242
because of the discontinuance of a program or service established	38243
under division (B) of this section, the county court may order	38244
that moneys remaining in the fund be transferred to an account	38245
established under this division for a similar purpose.	38246

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

38247

(a) "Criminal cause" means a charge alleging the violation of	38248
a statute or ordinance, or subsection of a statute or ordinance,	38249
that requires a separate finding of fact or a separate plea before	38250
disposition and of which the defendant may be found guilty,	38251
whether filed as part of a multiple charge on a single summons,	38252
citation, or complaint or as a separate charge on a single	38253
summons, citation, or complaint. "Criminal cause" does not include	38254
separate violations of the same statute or ordinance, or	38255
subsection of the same statute or ordinance, unless each charge is	38256
filed on a separate summons, citation, or complaint.	38257

(b) "Civil action or proceeding" means any civil litigation	38258
that must be determined by judgment entry.	38259

(C) Subject to division (E) of this section, the county court	38260
shall collect in all its divisions except the small claims	38261
division the sum of twenty-six dollars as additional filing fees	38262
in each new civil action or proceeding for the charitable public	38263
purpose of providing financial assistance to legal aid societies	38264
that operate within the state and to support the office of the	38265
state public defender. Subject to division (E) of this section,	38266
the county court shall collect in its small claims division the	38267
sum of eleven dollars as additional filing fees in each new civil	38268
action or proceeding for the charitable public purpose of	38269
providing financial assistance to legal aid societies that operate	38270
within the state and to support the office of the state public	38271
defender. This division does not apply to any execution on a	38272
judgment, proceeding in aid of execution, or other post-judgment	38273
proceeding arising out of a civil action. The filing fees	38274
required to be collected under this division shall be in addition	38275
to any other court costs imposed in the action or proceeding and	38276
shall be collected at the time of the filing of the action or	38277
proceeding. The court shall not waive the payment of the	38278
additional filing fees in a new civil action or proceeding unless	38279
the court waives the advanced payment of all filing fees in the	38280
action or proceeding. All such moneys collected during a month	38281
except for an amount equal to up to one per cent of those moneys	38282
retained to cover administrative costs shall be transmitted on or	38283
before the twentieth day of the following month by the clerk of	38284
the court to the treasurer of state in a manner prescribed by the	38285
treasurer of state or by the Ohio legal assistance foundation. The	38286
treasurer of state shall deposit four per cent of the funds	38287
collected under this division to the credit of the civil case	38288
filing fee fund established under section 120.07 of the Revised	38289
Code and ninety-six per cent of the funds collected under this	38290
division to the credit of the legal aid fund established under	38291
section 120.52 of the Revised Code.	38292

The court may retain up to one per cent of the moneys it	38293
collects under this division to cover administrative costs,	38294
including the hiring of any additional personnel necessary to	38295
implement this division. If the court fails to transmit to the	38296
treasurer of state the moneys the court collects under this	38297
division in a manner prescribed by the treasurer of state or by	38298
the Ohio legal assistance foundation, the court shall forfeit the	38299
moneys the court retains under this division to cover	38300
administrative costs, including the hiring of any additional	38301
personnel necessary to implement this division, and shall transmit	38302
to the treasurer of state all moneys collected under this	38303
division, including the forfeited amount retained for	38304
administrative costs, for deposit in the legal aid fund.	38305

(D) The county court shall establish by rule a schedule of	38306
fees for miscellaneous services performed by the county court or	38307
any of its judges in accordance with law. If judges of the court	38308
of common pleas perform similar services, the fees prescribed in	38309
the schedule shall not exceed the fees for those services	38310
prescribed by the court of common pleas.	38311

(E) Under the circumstances described in sections 2969.21 to	38312
2969.27 of the Revised Code, the clerk of the county court shall	38313
charge the fees and perform the other duties specified in those	38314
sections.	38315

Sec. 2101.01. (A) A probate division of the court of common	38316
pleas shall be held at the county seat in each county in an office	38317
furnished by the board of county commissioners, in which the	38318
books, records, and papers pertaining to the probate division	38319
shall be deposited and safely kept by the probate judge. The board	38320
shall provide suitable cases or other necessary items for the	38321
safekeeping and preservation of the books, records, and papers of	38322
the court and shall furnish any blankbooks, blanks, and	38323
stationery, and any machines, equipment, and materials for the	38324
keeping or examining of records, that the probate judge requires	38325
in the discharge of official duties. The board also shall	38326
authorize expenditures for accountants, financial consultants, and	38327
other agents required for auditing or financial consulting by the	38328
probate division whenever the probate judge considers these	38329
services and expenditures necessary for the efficient performance	38330
of the division's duties. The probate judge shall employ and	38331
supervise all clerks, deputies, magistrates, and other employees	38332
of the probate division. The probate judge shall supervise all	38333
probate court investigators and assessors in the performance of	38334
their duties as investigators and assessors and shall employ,	38335
appoint, or designate all probate court investigators and	38336
assessors in the manner described in divisions (A)(2) and (3) of	38337
section 2101.11 of the Revised Code.	38338

(B) As used in the Revised Code:

38339

(1) Except as provided in division (B)(2) of this section,	38340
"probate court" means the probate division of the court of common	38341
pleas, and "probate judge" means the judge of the court of common	38342
pleas who is judge of the probate division.	38343

(2) With respect to Lorain county:

38344

(a) From ~~January 1, 2006, through February 8, 2009, "probate~~	38345
~~court" means both the probate division and the domestic relations~~	38346
~~division of the court of common pleas, and "probate judge" means~~	38347
~~both the judge of the court of common pleas who is judge of the~~	38348
~~probate division and each of the judges of the court of common~~	38349
~~pleas who are judges of the domestic relations division.~~	38350

~~(b) On and after~~ February 9, 2009, through September 28,	38351
2009, "probate court" means the domestic relations division of	38352
the court of common pleas, and "probate judge" means each of the	38353
judges of the court of common pleas who are judges of the	38354
domestic relations division.	38355

(b) The judge of the court of common pleas, division of	38356
domestic relations, whose term begins on February 9, 2009, and	38357
successors, shall be the probate judge beginning September 29,	38358
2009, and shall be elected and designated as judge of the court	38359
of common pleas, probate division.	38360

(C) Except as otherwise provided in this division, all	38361
pleadings, forms, journals, and other records filed or used in the	38362
probate division shall be entitled "In the Court of Common Pleas,	38363
Probate Division," but are not defective if entitled "In the	38364
Probate Court." In Lorain county, ~~on and after~~from February 9,	38365
2009, through September 28, 2009, all pleadings, forms, journals,	38366
and other records filed or used in probate matters shall be	38367
entitled "In the Court of Common Pleas, Domestic Relations	38368
Division," but are not defective if entitled "In the Probate	38369
Division" or "In the Probate Court."	38370

Sec. 2301.02. The number of judges of the court of common	38371
pleas for each county, the time for the next election of the	38372
judges in the several counties, and the beginning of their terms	38373
shall be as follows:	38374

(A) In Adams, Ashland, Fayette, and Pike counties, one judge,	38375
elected in 1956, term to begin February 9, 1957;	38376

In Brown, Crawford, Defiance, Highland, Holmes, Morgan,	38377
Ottawa, and Union counties, one judge, to be elected in 1954, term	38378
to begin February 9, 1955;	38379

In Auglaize county, one judge, to be elected in 1956, term to	38380
begin January 9, 1957;	38381

In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,	38382
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and	38383
Wyandot counties, one judge, to be elected in 1956, term to begin	38384
January 1, 1957;	38385

In Morrow county, two judges, one to be elected in 1956, term	38386
to begin January 1, 1957, and one to be elected in 2006, term to	38387
begin January 1, 2007;	38388

In Logan county, two judges, one to be elected in 1956, term	38389
to begin January 1, 1957, and one to be elected in 2004, term to	38390
begin January 2, 2005;	38391

In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble,	38392
Shelby, Van Wert, and Williams counties, one judge, to be elected	38393
in 1952, term to begin January 1, 1953;	38394

In Champaign county, two judges, one to be elected in 1952,	38395
term to begin January 1, 1953, and one to be elected in 2008, term	38396
to begin February 10, 2009.	38397

In Harrison and Noble counties, one judge, to be elected in	38398
1954, term to begin April 18, 1955;	38399

In Henry county, two judges, one to be elected in 1956, term	38400
to begin May 9, 1957, and one to be elected in 2004, term to begin	38401
January 1, 2005;	38402

In Putnam county, one judge, to be elected in 1956, term to	38403
begin May 9, 1957;	38404

In Huron county, one judge, to be elected in 1952, term to	38405
begin May 14, 1953;	38406

In Perry county, one judge, to be elected in 1954, term to	38407
begin July 6, 1956;	38408

In Sandusky county, two judges, one to be elected in 1954,	38409
term to begin February 10, 1955, and one to be elected in 1978,	38410
term to begin January 1, 1979;	38411

(B) In Allen county, three judges, one to be elected in 1956,	38412
term to begin February 9, 1957, the second to be elected in 1958,	38413
term to begin January 1, 1959, and the third to be elected in	38414
1992, term to begin January 1, 1993;	38415

In Ashtabula county, three judges, one to be elected in 1954,	38416
term to begin February 9, 1955, one to be elected in 1960, term to	38417
begin January 1, 1961, and one to be elected in 1978, term to	38418
begin January 2, 1979;	38419

In Athens county, two judges, one to be elected in 1954, term	38420
to begin February 9, 1955, and one to be elected in 1990, term to	38421
begin July 1, 1991;	38422

In Erie county, four judges, one to be elected in 1956, term	38423
to begin January 1, 1957, the second to be elected in 1970, term	38424
to begin January 2, 1971, the third to be elected in 2004, term to	38425
begin January 2, 2005, and the fourth to be elected in 2008, term	38426
to begin February 9, 2009;	38427

In Fairfield county, three judges, one to be elected in 1954,	38428
term to begin February 9, 1955, the second to be elected in 1970,	38429
term to begin January 1, 1971, and the third to be elected in	38430
1994, term to begin January 2, 1995;	38431

In Geauga county, two judges, one to be elected in 1956, term	38432
to begin January 1, 1957, and the second to be elected in 1976,	38433
term to begin January 6, 1977;	38434

In Greene county, four judges, one to be elected in 1956,	38435
term to begin February 9, 1957, the second to be elected in 1960,	38436
term to begin January 1, 1961, the third to be elected in 1978,	38437
term to begin January 2, 1979, and the fourth to be elected in	38438
1994, term to begin January 1, 1995;	38439

In Hancock county, two judges, one to be elected in 1952,	38440
term to begin January 1, 1953, and the second to be elected in	38441
1978, term to begin January 1, 1979;	38442

In Lawrence county, two judges, one to be elected in 1954,	38443
term to begin February 9, 1955, and the second to be elected in	38444
1976, term to begin January 1, 1977;	38445

In Marion county, three judges, one to be elected in 1952,	38446
term to begin January 1, 1953, the second to be elected in 1976,	38447
term to begin January 2, 1977, and the third to be elected in	38448
1998, term to begin February 9, 1999;	38449

In Medina county, three judges, one to be elected in 1956,	38450
term to begin January 1, 1957, the second to be elected in 1966,	38451
term to begin January 1, 1967, and the third to be elected in	38452
1994, term to begin January 1, 1995;	38453

In Miami county, two judges, one to be elected in 1954, term	38454
to begin February 9, 1955, and one to be elected in 1970, term to	38455
begin on January 1, 1971;	38456

In Muskingum county, three judges, one to be elected in 1968,	38457
term to begin August 9, 1969, one to be elected in 1978, term to	38458
begin January 1, 1979, and one to be elected in 2002, term to	38459
begin January 2, 2003;	38460

In Portage county, three judges, one to be elected in 1956,	38461
term to begin January 1, 1957, the second to be elected in 1960,	38462
term to begin January 1, 1961, and the third to be elected in	38463
1986, term to begin January 2, 1987;	38464

In Ross county, two judges, one to be elected in 1956, term	38465
to begin February 9, 1957, and the second to be elected in 1976,	38466
term to begin January 1, 1977;	38467

In Scioto county, three judges, one to be elected in 1954,	38468
term to begin February 10, 1955, the second to be elected in 1960,	38469
term to begin January 1, 1961, and the third to be elected in	38470
1994, term to begin January 2, 1995;	38471

In Seneca county, two judges, one to be elected in 1956, term	38472
to begin January 1, 1957, and the second to be elected in 1986,	38473
term to begin January 2, 1987;	38474

In Warren county, four judges, one to be elected in 1954,	38475
term to begin February 9, 1955, the second to be elected in 1970,	38476
term to begin January 1, 1971, the third to be elected in 1986,	38477
term to begin January 1, 1987, and the fourth to be elected in	38478
2004, term to begin January 2, 2005;	38479

In Washington county, two judges, one to be elected in 1952,	38480
term to begin January 1, 1953, and one to be elected in 1986, term	38481
to begin January 1, 1987;	38482

In Wood county, three judges, one to be elected in 1968, term	38483
beginning January 1, 1969, the second to be elected in 1970, term	38484
to begin January 2, 1971, and the third to be elected in 1990,	38485
term to begin January 1, 1991;	38486

In Belmont and Jefferson counties, two judges, to be elected	38487
in 1954, terms to begin January 1, 1955, and February 9, 1955,	38488
respectively;	38489

In Clark county, four judges, one to be elected in 1952, term	38490
to begin January 1, 1953, the second to be elected in 1956, term	38491
to begin January 2, 1957, the third to be elected in 1986, term to	38492
begin January 3, 1987, and the fourth to be elected in 1994, term	38493
to begin January 2, 1995.	38494

In Clermont county, five judges, one to be elected in 1956,	38495
term to begin January 1, 1957, the second to be elected in 1964,	38496
term to begin January 1, 1965, the third to be elected in 1982,	38497
term to begin January 2, 1983, the fourth to be elected in 1986,	38498
term to begin January 2, 1987; and the fifth to be elected in	38499
2006, term to begin January 3, 2007;	38500

In Columbiana county, two judges, one to be elected in 1952,	38501
term to begin January 1, 1953, and the second to be elected in	38502
1956, term to begin January 1, 1957;	38503

In Delaware county, two judges, one to be elected in 1990,	38504
term to begin February 9, 1991, the second to be elected in 1994,	38505
term to begin January 1, 1995;	38506

In Lake county, six judges, one to be elected in 1958, term	38507
to begin January 1, 1959, the second to be elected in 1960, term	38508
to begin January 2, 1961, the third to be elected in 1964, term to	38509
begin January 3, 1965, the fourth and fifth to be elected in 1978,	38510
terms to begin January 4, 1979, and January 5, 1979, respectively,	38511
and the sixth to be elected in 2000, term to begin January 6,	38512
2001;	38513

In Licking county, four judges, one to be elected in 1954,	38514
term to begin February 9, 1955, one to be elected in 1964, term to	38515
begin January 1, 1965, one to be elected in 1990, term to begin	38516
January 1, 1991, and one to be elected in 2004, term to begin	38517
January 1, 2005;	38518

In Lorain county, ~~ten~~nine judges, two to be elected in 1952,	38519
terms to begin January 1, 1953, and January 2, 1953, respectively,	38520
one to be elected in 1958, term to begin January 3, 1959, one to	38521
be elected in 1968, term to begin January 1, 1969, two to be	38522
elected in 1988, terms to begin January 4, 1989, and January 5,	38523
1989, respectively, two to be elected in 1998, terms to begin	38524
January 2, 1999, and January 3, 1999, respectively; and one to be	38525
elected in 2006, term to begin January 6, 2007; ~~and one to be~~	38526
~~elected in 2008, term to begin February 9, 2009, as described in~~	38527
~~division (C)(1)(c) of section 2301.03 of the Revised Code;~~	38528

In Butler county, eleven judges, one to be elected in 1956,	38529
term to begin January 1, 1957; two to be elected in 1954, terms to	38530
begin January 1, 1955, and February 9, 1955, respectively; one to	38531
be elected in 1968, term to begin January 2, 1969; one to be	38532
elected in 1986, term to begin January 3, 1987; two to be elected	38533
in 1988, terms to begin January 1, 1989, and January 2, 1989,	38534
respectively; one to be elected in 1992, term to begin January 4,	38535
1993; two to be elected in 2002, terms to begin January 2, 2003,	38536
and January 3, 2003, respectively; and one to be elected in 2006,	38537
term to begin January 3, 2007;	38538

In Richland county, four judges, one to be elected in 1956,	38539
term to begin January 1, 1957, the second to be elected in 1960,	38540
term to begin February 9, 1961, the third to be elected in 1968,	38541
term to begin January 2, 1969, and the fourth to be elected in	38542
2004, term to begin January 3, 2005;	38543

In Tuscarawas county, two judges, one to be elected in 1956,	38544
term to begin January 1, 1957, and the second to be elected in	38545
1960, term to begin January 2, 1961;	38546

In Wayne county, two judges, one to be elected in 1956, term	38547
beginning January 1, 1957, and one to be elected in 1968, term to	38548
begin January 2, 1969;	38549

In Trumbull county, six judges, one to be elected in 1952,	38550
term to begin January 1, 1953, the second to be elected in 1954,	38551
term to begin January 1, 1955, the third to be elected in 1956,	38552
term to begin January 1, 1957, the fourth to be elected in 1964,	38553
term to begin January 1, 1965, the fifth to be elected in 1976,	38554
term to begin January 2, 1977, and the sixth to be elected in	38555
1994, term to begin January 3, 1995;	38556

(C) In Cuyahoga county, thirty-nine judges; eight to be	38557
elected in 1954, terms to begin on successive days beginning from	38558
January 1, 1955, to January 7, 1955, and February 9, 1955,	38559
respectively; eight to be elected in 1956, terms to begin on	38560
successive days beginning from January 1, 1957, to January 8,	38561
1957; three to be elected in 1952, terms to begin from January 1,	38562
1953, to January 3, 1953; two to be elected in 1960, terms to	38563
begin on January 8, 1961, and January 9, 1961, respectively; two	38564
to be elected in 1964, terms to begin January 4, 1965, and January	38565
5, 1965, respectively; one to be elected in 1966, term to begin on	38566
January 10, 1967; four to be elected in 1968, terms to begin on	38567
successive days beginning from January 9, 1969, to January 12,	38568
1969; two to be elected in 1974, terms to begin on January 18,	38569
1975, and January 19, 1975, respectively; five to be elected in	38570
1976, terms to begin on successive days beginning January 6, 1977,	38571
to January 10, 1977; two to be elected in 1982, terms to begin	38572
January 11, 1983, and January 12, 1983, respectively; and two to	38573
be elected in 1986, terms to begin January 13, 1987, and January	38574
14, 1987, respectively;	38575

In Franklin county, twenty-two judges; two to be elected in	38576
1954, terms to begin January 1, 1955, and February 9, 1955,	38577
respectively; four to be elected in 1956, terms to begin January	38578
1, 1957, to January 4, 1957; four to be elected in 1958, terms to	38579
begin January 1, 1959, to January 4, 1959; three to be elected in	38580
1968, terms to begin January 5, 1969, to January 7, 1969; three to	38581
be elected in 1976, terms to begin on successive days beginning	38582
January 5, 1977, to January 7, 1977; one to be elected in 1982,	38583
term to begin January 8, 1983; one to be elected in 1986, term to	38584
begin January 9, 1987; two to be elected in 1990, terms to begin	38585
July 1, 1991, and July 2, 1991, respectively; one to be elected in	38586
1996, term to begin January 2, 1997; and one to be elected in	38587
2004, term to begin July 1, 2005;	38588

In Hamilton county, twenty-one judges; eight to be elected in	38589
1966, terms to begin January 1, 1967, January 2, 1967, and from	38590
February 9, 1967, to February 14, 1967, respectively; five to be	38591
elected in 1956, terms to begin from January 1, 1957, to January	38592
5, 1957; one to be elected in 1964, term to begin January 1, 1965;	38593
one to be elected in 1974, term to begin January 15, 1975; one to	38594
be elected in 1980, term to begin January 16, 1981; two to be	38595
elected at large in the general election in 1982, terms to begin	38596
April 1, 1983; one to be elected in 1990, term to begin July 1,	38597
1991; and two to be elected in 1996, terms to begin January 3,	38598
1997, and January 4, 1997, respectively;	38599

In Lucas county, fourteen judges; two to be elected in 1954,	38600
terms to begin January 1, 1955, and February 9, 1955,	38601
respectively; two to be elected in 1956, terms to begin January 1,	38602
1957, and October 29, 1957, respectively; two to be elected in	38603
1952, terms to begin January 1, 1953, and January 2, 1953,	38604
respectively; one to be elected in 1964, term to begin January 3,	38605
1965; one to be elected in 1968, term to begin January 4, 1969;	38606
two to be elected in 1976, terms to begin January 4, 1977, and	38607
January 5, 1977, respectively; one to be elected in 1982, term to	38608
begin January 6, 1983; one to be elected in 1988, term to begin	38609
January 7, 1989; one to be elected in 1990, term to begin January	38610
2, 1991; and one to be elected in 1992, term to begin January 2,	38611
1993;	38612

In Mahoning county, seven judges; three to be elected in	38613
1954, terms to begin January 1, 1955, January 2, 1955, and	38614
February 9, 1955, respectively; one to be elected in 1956, term to	38615
begin January 1, 1957; one to be elected in 1952, term to begin	38616
January 1, 1953; one to be elected in 1968, term to begin January	38617
2, 1969; and one to be elected in 1990, term to begin July 1,	38618
1991;	38619

In Montgomery county, fifteen judges; three to be elected in	38620
1954, terms to begin January 1, 1955, January 2, 1955, and January	38621
3, 1955, respectively; four to be elected in 1952, terms to begin	38622
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,	38623
respectively; one to be elected in 1964, term to begin January 3,	38624
1965; one to be elected in 1968, term to begin January 3, 1969;	38625
three to be elected in 1976, terms to begin on successive days	38626
beginning January 4, 1977, to January 6, 1977; two to be elected	38627
in 1990, terms to begin July 1, 1991, and July 2, 1991,	38628
respectively; and one to be elected in 1992, term to begin January	38629
1, 1993.	38630

In Stark county, eight judges; one to be elected in 1958,	38631
term to begin on January 2, 1959; two to be elected in 1954, terms	38632
to begin on January 1, 1955, and February 9, 1955, respectively;	38633
two to be elected in 1952, terms to begin January 1, 1953, and	38634
April 16, 1953, respectively; one to be elected in 1966, term to	38635
begin on January 4, 1967; and two to be elected in 1992, terms to	38636
begin January 1, 1993, and January 2, 1993, respectively;	38637

In Summit county, thirteen judges; four to be elected in	38638
1954, terms to begin January 1, 1955, January 2, 1955, January 3,	38639
1955, and February 9, 1955, respectively; three to be elected in	38640
1958, terms to begin January 1, 1959, January 2, 1959, and May 17,	38641
1959, respectively; one to be elected in 1966, term to begin	38642
January 4, 1967; one to be elected in 1968, term to begin January	38643
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one	38644
to be elected in 1992, term to begin January 6, 1993; and two to	38645
be elected in 2008, terms to begin January 5, 2009, and January 6,	38646
2009, respectively.	38647

Notwithstanding the foregoing provisions, in any county	38648
having two or more judges of the court of common pleas, in which	38649
more than one-third of the judges plus one were previously elected	38650
at the same election, if the office of one of those judges so	38651
elected becomes vacant more than forty days prior to the second	38652
general election preceding the expiration of that judge's term,	38653
the office that that judge had filled shall be abolished as of the	38654
date of the next general election, and a new office of judge of	38655
the court of common pleas shall be created. The judge who is to	38656
fill that new office shall be elected for a six-year term at the	38657
next general election, and the term of that judge shall commence	38658
on the first day of the year following that general election, on	38659
which day no other judge's term begins, so that the number of	38660
judges that the county shall elect shall not be reduced.	38661

Judges of the probate division of the court of common pleas	38662
are judges of the court of common pleas but shall be elected	38663
pursuant to sections 2101.02 and 2101.021 of the Revised Code,	38664
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot	38665
counties in which the judge of the court of common pleas elected	38666
pursuant to this section also shall serve as judge of the probate	38667
division, except in Lorain county in which the judges of the	38668
domestic relations division of the Lorain county court of common	38669
pleas elected pursuant to this section also shall perform the	38670
duties and functions of the judge of the probate division from	38671
February 9, 2009, through September 28, 2009, and except in	38672
Morrow county in which the judges of the court of common pleas	38673
elected pursuant to this section also shall perform the duties	38674
and functions of the judge of the probate division.	38675

Sec. 2301.03. (A) In Franklin county, the judges of the	38676
court of common pleas whose terms begin on January 1, 1953,	38677
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,	38678
1997, and successors, shall have the same qualifications, exercise	38679
the same powers and jurisdiction, and receive the same	38680
compensation as other judges of the court of common pleas of	38681
Franklin county and shall be elected and designated as judges of	38682
the court of common pleas, division of domestic relations. They	38683
shall have all the powers relating to juvenile courts, and all	38684
cases under Chapters 2151. and 2152. of the Revised Code, all	38685
parentage proceedings under Chapter 3111. of the Revised Code over	38686
which the juvenile court has jurisdiction, and all divorce,	38687
dissolution of marriage, legal separation, and annulment cases	38688
shall be assigned to them. In addition to the judge's regular	38689
duties, the judge who is senior in point of service shall serve on	38690
the children services board and the county advisory board and	38691
shall be the administrator of the domestic relations division and	38692
its subdivisions and departments.	38693

(B) In Hamilton county:

38694

(1) The judge of the court of common pleas, whose term begins	38695
on January 1, 1957, and successors, and the judge of the court of	38696
common pleas, whose term begins on February 14, 1967, and	38697
successors, shall be the juvenile judges as provided in Chapters	38698
2151. and 2152. of the Revised Code, with the powers and	38699
jurisdiction conferred by those chapters.	38700

(2) The judges of the court of common pleas whose terms begin	38701
on January 5, 1957, January 16, 1981, and July 1, 1991, and	38702
successors, shall be elected and designated as judges of the court	38703
of common pleas, division of domestic relations, and shall have	38704
assigned to them all divorce, dissolution of marriage, legal	38705
separation, and annulment cases coming before the court. On or	38706
after the first day of July and before the first day of August of	38707
1991 and each year thereafter, a majority of the judges of the	38708
division of domestic relations shall elect one of the judges of	38709
the division as administrative judge of that division. If a	38710
majority of the judges of the division of domestic relations are	38711
unable for any reason to elect an administrative judge for the	38712
division before the first day of August, a majority of the judges	38713
of the Hamilton county court of common pleas, as soon as possible	38714
after that date, shall elect one of the judges of the division of	38715
domestic relations as administrative judge of that division. The	38716
term of the administrative judge shall begin on the earlier of the	38717
first day of August of the year in which the administrative judge	38718
is elected or the date on which the administrative judge is	38719
elected by a majority of the judges of the Hamilton county court	38720
of common pleas and shall terminate on the date on which the	38721
administrative judge's successor is elected in the following year.	38722

In addition to the judge's regular duties, the administrative	38723
judge of the division of domestic relations shall be the	38724
administrator of the domestic relations division and its	38725
subdivisions and departments and shall have charge of the	38726
employment, assignment, and supervision of the personnel of the	38727
division engaged in handling, servicing, or investigating divorce,	38728
dissolution of marriage, legal separation, and annulment cases,	38729
including any referees considered necessary by the judges in the	38730
discharge of their various duties.	38731

The administrative judge of the division of domestic	38732
relations also shall designate the title, compensation, expense	38733
allowances, hours, leaves of absence, and vacations of the	38734
personnel of the division, and shall fix the duties of its	38735
personnel. The duties of the personnel, in addition to those	38736
provided for in other sections of the Revised Code, shall include	38737
the handling, servicing, and investigation of divorce, dissolution	38738
of marriage, legal separation, and annulment cases and counseling	38739
and conciliation services that may be made available to persons	38740
requesting them, whether or not the persons are parties to an	38741
action pending in the division.	38742

The board of county commissioners shall appropriate the sum	38743
of money each year as will meet all the administrative expenses of	38744
the division of domestic relations, including reasonable expenses	38745
of the domestic relations judges and the division counselors and	38746
other employees designated to conduct the handling, servicing, and	38747
investigation of divorce, dissolution of marriage, legal	38748
separation, and annulment cases, conciliation and counseling, and	38749
all matters relating to those cases and counseling, and the	38750
expenses involved in the attendance of division personnel at	38751
domestic relations and welfare conferences designated by the	38752
division, and the further sum each year as will provide for the	38753
adequate operation of the division of domestic relations.	38754

The compensation and expenses of all employees and the salary	38755
and expenses of the judges shall be paid by the county treasurer	38756
from the money appropriated for the operation of the division,	38757
upon the warrant of the county auditor, certified to by the	38758
administrative judge of the division of domestic relations.	38759

The summonses, warrants, citations, subpoenas, and other	38760
writs of the division may issue to a bailiff, constable, or staff	38761
investigator of the division or to the sheriff of any county or	38762
any marshal, constable, or police officer, and the provisions of	38763
law relating to the subpoenaing of witnesses in other cases shall	38764
apply insofar as they are applicable. When a summons, warrant,	38765
citation, subpoena, or other writ is issued to an officer, other	38766
than a bailiff, constable, or staff investigator of the division,	38767
the expense of serving it shall be assessed as a part of the costs	38768
in the case involved.	38769

(3) The judge of the court of common pleas of Hamilton county	38770
whose term begins on January 3, 1997, and the successors to that	38771
judge shall each be elected and designated as the drug court	38772
judge of the court of common pleas of Hamilton county. The drug	38773
court judge may accept or reject any case referred to the drug	38774
court judge under division (B)(3) of this section. After the drug	38775
court judge accepts a referred case, the drug court judge has	38776
full authority over the case, including the authority to conduct	38777
arraignment, accept pleas, enter findings and dispositions,	38778
conduct trials, order treatment, and if treatment is not	38779
successfully completed pronounce and enter sentence.	38780

A judge of the general division of the court of common pleas	38781
of Hamilton county and a judge of the Hamilton county municipal	38782
court may refer to the drug court judge any case, and any	38783
companion cases, the judge determines meet the criteria described	38784
under divisions (B)(3)(a) and (b) of this section. If the drug	38785
court judge accepts referral of a referred case, the case, and any	38786
companion cases, shall be transferred to the drug court judge. A	38787
judge may refer a case meeting the criteria described in divisions	38788
(B)(3)(a) and (b) of this section that involves a violation of a	38789
condition of a community control sanction to the drug court judge,	38790
and, if the drug court judge accepts the referral, the referring	38791
judge and the drug court judge have concurrent jurisdiction over	38792
the case.	38793

A judge of the general division of the court of common pleas	38794
of Hamilton county and a judge of the Hamilton county municipal	38795
court may refer a case to the drug court judge under division	38796
(B)(3) of this section if the judge determines that both of the	38797
following apply:	38798

(a) One of the following applies:

38799

(i) The case involves a drug abuse offense, as defined in	38800
section 2925.01 of the Revised Code, that is a felony of the third	38801
or fourth degree if the offense is committed prior to July 1,	38802
1996, a felony of the third, fourth, or fifth degree if the	38803
offense is committed on or after July 1, 1996, or a misdemeanor.	38804

(ii) The case involves a theft offense, as defined in section	38805
2913.01 of the Revised Code, that is a felony of the third or	38806
fourth degree if the offense is committed prior to July 1, 1996, a	38807
felony of the third, fourth, or fifth degree if the offense is	38808
committed on or after July 1, 1996, or a misdemeanor, and the	38809
defendant is drug or alcohol dependent or in danger of becoming	38810
drug or alcohol dependent and would benefit from treatment.	38811

(b) All of the following apply:

38812

(i) The case involves an offense for which a community	38813
control sanction may be imposed or is a case in which a mandatory	38814
prison term or a mandatory jail term is not required to be	38815
imposed.	38816

(ii) The defendant has no history of violent behavior.

38817

(iii) The defendant has no history of mental illness.

38818

(iv) The defendant's current or past behavior, or both, is	38819
drug or alcohol driven.	38820

(v) The defendant demonstrates a sincere willingness to	38821
participate in a fifteen-month treatment process.	38822

(vi) The defendant has no acute health condition.

38823

(vii) If the defendant is incarcerated, the county prosecutor	38824
approves of the referral.	38825

(4) If the administrative judge of the court of common pleas	38826
of Hamilton county determines that the volume of cases pending	38827
before the drug court judge does not constitute a sufficient	38828
caseload for the drug court judge, the administrative judge, in	38829
accordance with the Rules of Superintendence for Courts of Common	38830
Pleas, shall assign individual cases to the drug court judge from	38831
the general docket of the court. If the assignments so occur, the	38832
administrative judge shall cease the assignments when the	38833
administrative judge determines that the volume of cases pending	38834
before the drug court judge constitutes a sufficient caseload for	38835
the drug court judge.	38836

(5) As used in division (B) of this section, "community	38837
control sanction," "mandatory prison term," and "mandatory jail	38838
term" have the same meanings as in section 2929.01 of the Revised	38839
Code.	38840

(C)(1) In Lorain county:

38841

(a) The judges of the court of common pleas whose terms begin	38842
on January 3, 1959, January 4, 1989, and January 2, 1999, ~~and~~	38843
~~February 9, 2009,~~ and successors, and the judge of the court of	38844
common pleas whose term begins on February 9, 2009, shall have the	38845
same qualifications, exercise the same powers and jurisdiction,	38846
and receive the same compensation as the other judges of the court	38847
of common pleas of Lorain county and shall be elected and	38848
designated as the judges of the court of common pleas, division of	38849
domestic relations. ~~They~~The judges of the court of common pleas	38850
whose terms begin on January 3, 1959, January 4, 1989, and January	38851
2, 1999, and successors, shall have all of the powers relating to	38852
juvenile courts, and all cases under Chapters 2151. and 2152. of	38853
the Revised Code, all parentage proceedings over which the	38854
juvenile court has jurisdiction, and all divorce, dissolution of	38855
marriage, legal separation, and annulment cases shall be assigned	38856
to them, except cases that for some special reason are assigned to	38857
some other judge of the court of common pleas. From February 9,	38858
2009, through September 28, 2009, the judge of the court of common	38859
pleas whose term begins on February 9, 2009, shall have all the	38860
powers relating to juvenile courts, and cases under Chapters 2151.	38861
and 2152. of the Revised Code, parentage proceedings over which	38862
the juvenile court has jurisdiction, and divorce, dissolution of	38863
marriage, legal separation, and annulment cases shall be assigned	38864
to that judge, except cases that for some special reason are	38865
assigned to some other judge of the court of common pleas.	38866

(b) ~~On and after~~From January 1, 2006, through September 28,	38867
2009, the judges of the court of common pleas, division of	38868
domestic relations, in addition to the powers and jurisdiction	38869
set forth in division (C)(1)(a) of this section, shall have	38870
jurisdiction over matters that are within the jurisdiction of the	38871
probate court under Chapter 2101. and other provisions of the	38872
Revised Code. ~~From January 1, 2006, through February 8, 2009, the~~	38873
~~judges of the court of common pleas, division of domestic~~	38874
~~relations, shall exercise probate jurisdiction concurrently with~~	38875
~~the probate judge.~~	38876

(c) The judge of the court of common pleas, division of	38877
domestic relations, whose term begins on February 9, 2009, is the	38878
successor to the probate judge who was elected in 2002 for a term	38879
that began on February 9, 2003. After September 28, 2009, the	38880
judge of the court of common pleas, division of domestic	38881
relations, whose term begins on February 9, 2009, shall be the	38882
probate judge.	38883

(2)(a) ~~From January 1, 2006, through February 8, 2009, with~~	38884
~~respect to Lorain county, all references in law to the probate~~	38885
~~court shall be construed as references to both the probate court~~	38886
~~and the court of common pleas, division of domestic relations, and~~	38887
~~all references in law to the probate judge shall be construed as~~	38888
~~references to both the probate judge and the judges of the court~~	38889
~~of common pleas, division of domestic relations. On and after~~From	38890
February 9, 2009, through September 28, 2009, with respect to	38891
Lorain county, all references in law to the probate court shall	38892
be construed as references to the court of common pleas,	38893
division of domestic relations, and all references to the	38894
probate judge shall be construed as references to the judges of	38895
the court of common pleas, division of domestic relations.	38896

(b) ~~On and after~~From February 9, 2009, through September 28,	38897
2009, with respect to Lorain county, all references in law to the	38898
clerk of the probate court shall be construed as references to	38899
the judge who is serving pursuant to Rule 4 of the Rules of	38900
Superintendence for the Courts of Ohio as the administrative	38901
judge of the court of common pleas, division of domestic	38902
relations.	38903

(D) In Lucas county:

38904

(1) The judges of the court of common pleas whose terms begin	38905
on January 1, 1955, and January 3, 1965, and successors, shall	38906
have the same qualifications, exercise the same powers and	38907
jurisdiction, and receive the same compensation as other judges of	38908
the court of common pleas of Lucas county and shall be elected and	38909
designated as judges of the court of common pleas, division of	38910
domestic relations. All divorce, dissolution of marriage, legal	38911
separation, and annulment cases shall be assigned to them.	38912

The judge of the division of domestic relations, senior in	38913
point of service, shall be considered as the presiding judge of	38914
the court of common pleas, division of domestic relations, and	38915
shall be charged exclusively with the assignment and division of	38916
the work of the division and the employment and supervision of all	38917
other personnel of the domestic relations division.	38918

(2) The judges of the court of common pleas whose terms begin	38919
on January 5, 1977, and January 2, 1991, and successors shall have	38920
the same qualifications, exercise the same powers and	38921
jurisdiction, and receive the same compensation as other judges of	38922
the court of common pleas of Lucas county, shall be elected and	38923
designated as judges of the court of common pleas, juvenile	38924
division, and shall be the juvenile judges as provided in Chapters	38925
2151. and 2152. of the Revised Code with the powers and	38926
jurisdictions conferred by those chapters. In addition to the	38927
judge's regular duties, the judge of the court of common pleas,	38928
juvenile division, senior in point of service, shall be the	38929
administrator of the juvenile division and its subdivisions and	38930
departments and shall have charge of the employment, assignment,	38931
and supervision of the personnel of the division engaged in	38932
handling, servicing, or investigating juvenile cases, including	38933
any referees considered necessary by the judges of the division in	38934
the discharge of their various duties.	38935

The judge of the court of common pleas, juvenile division,	38936
senior in point of service, also shall designate the title,	38937
compensation, expense allowance, hours, leaves of absence, and	38938
vacation of the personnel of the division and shall fix the duties	38939
of the personnel of the division. The duties of the personnel, in	38940
addition to other statutory duties include the handling,	38941
servicing, and investigation of juvenile cases and counseling and	38942
conciliation services that may be made available to persons	38943
requesting them, whether or not the persons are parties to an	38944
action pending in the division.	38945

(3) If one of the judges of the court of common pleas,	38946
division of domestic relations, or one of the judges of the	38947
juvenile division is sick, absent, or unable to perform that	38948
judge's judicial duties or the volume of cases pending in that	38949
judge's division necessitates it, the duties shall be performed by	38950
the judges of the other of those divisions.	38951

(E) In Mahoning county:

38952

(1) The judge of the court of common pleas whose term began	38953
on January 1, 1955, and successors, shall have the same	38954
qualifications, exercise the same powers and jurisdiction, and	38955
receive the same compensation as other judges of the court of	38956
common pleas of Mahoning county, shall be elected and designated	38957
as judge of the court of common pleas, division of domestic	38958
relations, and shall be assigned all the divorce, dissolution of	38959
marriage, legal separation, and annulment cases coming before the	38960
court. In addition to the judge's regular duties, the judge of the	38961
court of common pleas, division of domestic relations, shall be	38962
the administrator of the domestic relations division and its	38963
subdivisions and departments and shall have charge of the	38964
employment, assignment, and supervision of the personnel of the	38965
division engaged in handling, servicing, or investigating divorce,	38966
dissolution of marriage, legal separation, and annulment cases,	38967
including any referees considered necessary in the discharge of	38968
the various duties of the judge's office.	38969

The judge also shall designate the title, compensation,	38970
expense allowances, hours, leaves of absence, and vacations of the	38971
personnel of the division and shall fix the duties of the	38972
personnel of the division. The duties of the personnel, in	38973
addition to other statutory duties, include the handling,	38974
servicing, and investigation of divorce, dissolution of marriage,	38975
legal separation, and annulment cases and counseling and	38976
conciliation services that may be made available to persons	38977
requesting them, whether or not the persons are parties to an	38978
action pending in the division.	38979

(2) The judge of the court of common pleas whose term began	38980
on January 2, 1969, and successors, shall have the same	38981
qualifications, exercise the same powers and jurisdiction, and	38982
receive the same compensation as other judges of the court of	38983
common pleas of Mahoning county, shall be elected and designated	38984
as judge of the court of common pleas, juvenile division, and	38985
shall be the juvenile judge as provided in Chapters 2151. and	38986
2152. of the Revised Code, with the powers and jurisdictions	38987
conferred by those chapters. In addition to the judge's regular	38988
duties, the judge of the court of common pleas, juvenile division,	38989
shall be the administrator of the juvenile division and its	38990
subdivisions and departments and shall have charge of the	38991
employment, assignment, and supervision of the personnel of the	38992
division engaged in handling, servicing, or investigating juvenile	38993
cases, including any referees considered necessary by the judge in	38994
the discharge of the judge's various duties.	38995

The judge also shall designate the title, compensation,	38996
expense allowances, hours, leaves of absence, and vacation of the	38997
personnel of the division and shall fix the duties of the	38998
personnel of the division. The duties of the personnel, in	38999
addition to other statutory duties, include the handling,	39000
servicing, and investigation of juvenile cases and counseling and	39001
conciliation services that may be made available to persons	39002
requesting them, whether or not the persons are parties to an	39003
action pending in the division.	39004

(3) If a judge of the court of common pleas, division of	39005
domestic relations or juvenile division, is sick, absent, or	39006
unable to perform that judge's judicial duties, or the volume of	39007
cases pending in that judge's division necessitates it, that	39008
judge's duties shall be performed by another judge of the court of	39009
common pleas.	39010

(F) In Montgomery county:

39011

(1) The judges of the court of common pleas whose terms begin	39012
on January 2, 1953, and January 4, 1977, and successors, shall	39013
have the same qualifications, exercise the same powers and	39014
jurisdiction, and receive the same compensation as other judges of	39015
the court of common pleas of Montgomery county and shall be	39016
elected and designated as judges of the court of common pleas,	39017
division of domestic relations. These judges shall have assigned	39018
to them all divorce, dissolution of marriage, legal separation,	39019
and annulment cases.	39020

The judge of the division of domestic relations, senior in	39021
point of service, shall be charged exclusively with the assignment	39022
and division of the work of the division and shall have charge of	39023
the employment and supervision of the personnel of the division	39024
engaged in handling, servicing, or investigating divorce,	39025
dissolution of marriage, legal separation, and annulment cases,	39026
including any necessary referees, except those employees who may	39027
be appointed by the judge, junior in point of service, under this	39028
section and sections 2301.12, 2301.18, and 2301.19 of the Revised	39029
Code. The judge of the division of domestic relations, senior in	39030
point of service, also shall designate the title, compensation,	39031
expense allowances, hours, leaves of absence, and vacation of the	39032
personnel of the division and shall fix their duties.	39033

(2) The judges of the court of common pleas whose terms begin	39034
on January 1, 1953, and January 1, 1993, and successors, shall	39035
have the same qualifications, exercise the same powers and	39036
jurisdiction, and receive the same compensation as other judges of	39037
the court of common pleas of Montgomery county, shall be elected	39038
and designated as judges of the court of common pleas, juvenile	39039
division, and shall be, and have the powers and jurisdiction of,	39040
the juvenile judge as provided in Chapters 2151. and 2152. of the	39041
Revised Code.	39042

In addition to the judge's regular duties, the judge of the	39043
court of common pleas, juvenile division, senior in point of	39044
service, shall be the administrator of the juvenile division and	39045
its subdivisions and departments and shall have charge of the	39046
employment, assignment, and supervision of the personnel of the	39047
juvenile division, including any necessary referees, who are	39048
engaged in handling, servicing, or investigating juvenile cases.	39049
The judge, senior in point of service, also shall designate the	39050
title, compensation, expense allowances, hours, leaves of absence,	39051
and vacation of the personnel of the division and shall fix their	39052
duties. The duties of the personnel, in addition to other	39053
statutory duties, shall include the handling, servicing, and	39054
investigation of juvenile cases and of any counseling and	39055
conciliation services that are available upon request to persons,	39056
whether or not they are parties to an action pending in the	39057
division.	39058

If one of the judges of the court of common pleas, division	39059
of domestic relations, or one of the judges of the court of common	39060
pleas, juvenile division, is sick, absent, or unable to perform	39061
that judge's duties or the volume of cases pending in that judge's	39062
division necessitates it, the duties of that judge may be	39063
performed by the judge or judges of the other of those divisions.	39064

(G) In Richland county:

39065

(1) The judge of the court of common pleas whose term begins	39066
on January 1, 1957, and successors, shall have the same	39067
qualifications, exercise the same powers and jurisdiction, and	39068
receive the same compensation as the other judges of the court of	39069
common pleas of Richland county and shall be elected and	39070
designated as judge of the court of common pleas, division of	39071
domestic relations. That judge shall be assigned and hear all	39072
divorce, dissolution of marriage, legal separation, and annulment	39073
cases, all domestic violence cases arising under section 3113.31	39074
of the Revised Code, and all post-decree proceedings arising from	39075
any case pertaining to any of those matters. The division of	39076
domestic relations has concurrent jurisdiction with the juvenile	39077
division of the court of common pleas of Richland county to	39078
determine the care, custody, or control of any child not a ward of	39079
another court of this state, and to hear and determine a request	39080
for an order for the support of any child if the request is not	39081
ancillary to an action for divorce, dissolution of marriage,	39082
annulment, or legal separation, a criminal or civil action	39083
involving an allegation of domestic violence, or an action for	39084
support brought under Chapter 3115. of the Revised Code. Except in	39085
cases that are subject to the exclusive original jurisdiction of	39086
the juvenile court, the judge of the division of domestic	39087
relations shall be assigned and hear all cases pertaining to	39088
paternity or parentage, the care, custody, or control of children,	39089
parenting time or visitation, child support, or the allocation of	39090
parental rights and responsibilities for the care of children, all	39091
proceedings arising under Chapter 3111. of the Revised Code, all	39092
proceedings arising under the uniform interstate family support	39093
act contained in Chapter 3115. of the Revised Code, and all	39094
post-decree proceedings arising from any case pertaining to any of	39095
those matters.	39096

In addition to the judge's regular duties, the judge of the	39097
court of common pleas, division of domestic relations, shall be	39098
the administrator of the domestic relations division and its	39099
subdivisions and departments. The judge shall have charge of the	39100
employment, assignment, and supervision of the personnel of the	39101
domestic relations division, including any magistrates the judge	39102
considers necessary for the discharge of the judge's duties. The	39103
judge shall also designate the title, compensation, expense	39104
allowances, hours, leaves of absence, vacation, and other	39105
employment-related matters of the personnel of the division and	39106
shall fix their duties.	39107

(2) The judge of the court of common pleas whose term begins	39108
on January 3, 2005, and successors, shall have the same	39109
qualifications, exercise the same powers and jurisdiction, and	39110
receive the same compensation as other judges of the court of	39111
common pleas of Richland county, shall be elected and designated	39112
as judge of the court of common pleas, juvenile division, and	39113
shall be, and have the powers and jurisdiction of, the juvenile	39114
judge as provided in Chapters 2151. and 2152. of the Revised Code.	39115
Except in cases that are subject to the exclusive original	39116
jurisdiction of the juvenile court, the judge of the juvenile	39117
division shall not have jurisdiction or the power to hear, and	39118
shall not be assigned, any case pertaining to paternity or	39119
parentage, the care, custody, or control of children, parenting	39120
time or visitation, child support, or the allocation of parental	39121
rights and responsibilities for the care of children or any	39122
post-decree proceeding arising from any case pertaining to any of	39123
those matters. The judge of the juvenile division shall not have	39124
jurisdiction or the power to hear, and shall not be assigned, any	39125
proceeding under the uniform interstate family support act	39126
contained in Chapter 3115. of the Revised Code.	39127

In addition to the judge's regular duties, the judge of the	39128
juvenile division shall be the administrator of the juvenile	39129
division and its subdivisions and departments. The judge shall	39130
have charge of the employment, assignment, and supervision of the	39131
personnel of the juvenile division who are engaged in handling,	39132
servicing, or investigating juvenile cases, including any	39133
magistrates whom the judge considers necessary for the discharge	39134
of the judge's various duties.	39135

The judge of the juvenile division also shall designate the	39136
title, compensation, expense allowances, hours, leaves of absence,	39137
and vacation of the personnel of the division and shall fix their	39138
duties. The duties of the personnel, in addition to other	39139
statutory duties, include the handling, servicing, and	39140
investigation of juvenile cases and providing any counseling,	39141
conciliation, and mediation services that the court makes	39142
available to persons, whether or not the persons are parties to an	39143
action pending in the court, who request the services.	39144

(H) In Stark county, the judges of the court of common pleas	39145
whose terms begin on January 1, 1953, January 2, 1959, and January	39146
1, 1993, and successors, shall have the same qualifications,	39147
exercise the same powers and jurisdiction, and receive the same	39148
compensation as other judges of the court of common pleas of Stark	39149
county and shall be elected and designated as judges of the court	39150
of common pleas, division of domestic relations. They shall have	39151
all the powers relating to juvenile courts, and all cases under	39152
Chapters 2151. and 2152. of the Revised Code, all parentage	39153
proceedings over which the juvenile court has jurisdiction, and	39154
all divorce, dissolution of marriage, legal separation, and	39155
annulment cases, except cases that are assigned to some other	39156
judge of the court of common pleas for some special reason, shall	39157
be assigned to the judges.	39158

The judge of the division of domestic relations, second most	39159
senior in point of service, shall have charge of the employment	39160
and supervision of the personnel of the division engaged in	39161
handling, servicing, or investigating divorce, dissolution of	39162
marriage, legal separation, and annulment cases, and necessary	39163
referees required for the judge's respective court.	39164

The judge of the division of domestic relations, senior in	39165
point of service, shall be charged exclusively with the	39166
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71	39167
of the Revised Code and with the assignment and division of the	39168
work of the division and the employment and supervision of all	39169
other personnel of the division, including, but not limited to,	39170
that judge's necessary referees, but excepting those employees who	39171
may be appointed by the judge second most senior in point of	39172
service. The senior judge further shall serve in every other	39173
position in which the statutes permit or require a juvenile judge	39174
to serve.	39175

(I) In Summit county:

39176

(1) The judges of the court of common pleas whose terms begin	39177
on January 4, 1967, and January 6, 1993, and successors, shall	39178
have the same qualifications, exercise the same powers and	39179
jurisdiction, and receive the same compensation as other judges of	39180
the court of common pleas of Summit county and shall be elected	39181
and designated as judges of the court of common pleas, division of	39182
domestic relations. The judges of the division of domestic	39183
relations shall have assigned to them and hear all divorce,	39184
dissolution of marriage, legal separation, and annulment cases	39185
that come before the court. Except in cases that are subject to	39186
the exclusive original jurisdiction of the juvenile court, the	39187
judges of the division of domestic relations shall have assigned	39188
to them and hear all cases pertaining to paternity, custody,	39189
visitation, child support, or the allocation of parental rights	39190
and responsibilities for the care of children and all post-decree	39191
proceedings arising from any case pertaining to any of those	39192
matters. The judges of the division of domestic relations shall	39193
have assigned to them and hear all proceedings under the uniform	39194
interstate family support act contained in Chapter 3115. of the	39195
Revised Code.	39196

The judge of the division of domestic relations, senior in	39197
point of service, shall be the administrator of the domestic	39198
relations division and its subdivisions and departments and shall	39199
have charge of the employment, assignment, and supervision of the	39200
personnel of the division, including any necessary referees, who	39201
are engaged in handling, servicing, or investigating divorce,	39202
dissolution of marriage, legal separation, and annulment cases.	39203
That judge also shall designate the title, compensation, expense	39204
allowances, hours, leaves of absence, and vacations of the	39205
personnel of the division and shall fix their duties. The duties	39206
of the personnel, in addition to other statutory duties, shall	39207
include the handling, servicing, and investigation of divorce,	39208
dissolution of marriage, legal separation, and annulment cases and	39209
of any counseling and conciliation services that are available	39210
upon request to all persons, whether or not they are parties to an	39211
action pending in the division.	39212

(2) The judge of the court of common pleas whose term begins	39213
on January 1, 1955, and successors, shall have the same	39214
qualifications, exercise the same powers and jurisdiction, and	39215
receive the same compensation as other judges of the court of	39216
common pleas of Summit county, shall be elected and designated as	39217
judge of the court of common pleas, juvenile division, and shall	39218
be, and have the powers and jurisdiction of, the juvenile judge as	39219
provided in Chapters 2151. and 2152. of the Revised Code. Except	39220
in cases that are subject to the exclusive original jurisdiction	39221
of the juvenile court, the judge of the juvenile division shall	39222
not have jurisdiction or the power to hear, and shall not be	39223
assigned, any case pertaining to paternity, custody, visitation,	39224
child support, or the allocation of parental rights and	39225
responsibilities for the care of children or any post-decree	39226
proceeding arising from any case pertaining to any of those	39227
matters. The judge of the juvenile division shall not have	39228
jurisdiction or the power to hear, and shall not be assigned, any	39229
proceeding under the uniform interstate family support act	39230
contained in Chapter 3115. of the Revised Code.	39231

The juvenile judge shall be the administrator of the juvenile	39232
division and its subdivisions and departments and shall have	39233
charge of the employment, assignment, and supervision of the	39234
personnel of the juvenile division, including any necessary	39235
referees, who are engaged in handling, servicing, or investigating	39236
juvenile cases. The judge also shall designate the title,	39237
compensation, expense allowances, hours, leaves of absence, and	39238
vacation of the personnel of the division and shall fix their	39239
duties. The duties of the personnel, in addition to other	39240
statutory duties, shall include the handling, servicing, and	39241
investigation of juvenile cases and of any counseling and	39242
conciliation services that are available upon request to persons,	39243
whether or not they are parties to an action pending in the	39244
division.	39245

(J) In Trumbull county, the judges of the court of common	39246
pleas whose terms begin on January 1, 1953, and January 2, 1977,	39247
and successors, shall have the same qualifications, exercise the	39248
same powers and jurisdiction, and receive the same compensation as	39249
other judges of the court of common pleas of Trumbull county and	39250
shall be elected and designated as judges of the court of common	39251
pleas, division of domestic relations. They shall have all the	39252
powers relating to juvenile courts, and all cases under Chapters	39253
2151. and 2152. of the Revised Code, all parentage proceedings	39254
over which the juvenile court has jurisdiction, and all divorce,	39255
dissolution of marriage, legal separation, and annulment cases	39256
shall be assigned to them, except cases that for some special	39257
reason are assigned to some other judge of the court of common	39258
pleas.	39259

(K) In Butler county:

39260

(1) The judges of the court of common pleas whose terms begin	39261
on January 1, 1957, and January 4, 1993, and successors, shall	39262
have the same qualifications, exercise the same powers and	39263
jurisdiction, and receive the same compensation as other judges of	39264
the court of common pleas of Butler county and shall be elected	39265
and designated as judges of the court of common pleas, division of	39266
domestic relations. The judges of the division of domestic	39267
relations shall have assigned to them all divorce, dissolution of	39268
marriage, legal separation, and annulment cases coming before the	39269
court, except in cases that for some special reason are assigned	39270
to some other judge of the court of common pleas. The judge senior	39271
in point of service shall be charged with the assignment and	39272
division of the work of the division and with the employment and	39273
supervision of all other personnel of the domestic relations	39274
division.	39275

The judge senior in point of service also shall designate the	39276
title, compensation, expense allowances, hours, leaves of absence,	39277
and vacations of the personnel of the division and shall fix their	39278
duties. The duties of the personnel, in addition to other	39279
statutory duties, shall include the handling, servicing, and	39280
investigation of divorce, dissolution of marriage, legal	39281
separation, and annulment cases and providing any counseling and	39282
conciliation services that the division makes available to	39283
persons, whether or not the persons are parties to an action	39284
pending in the division, who request the services.	39285

(2) The judges of the court of common pleas whose terms begin	39286
on January 3, 1987, and January 2, 2003, and successors, shall	39287
have the same qualifications, exercise the same powers and	39288
jurisdiction, and receive the same compensation as other judges of	39289
the court of common pleas of Butler county, shall be elected and	39290
designated as judges of the court of common pleas, juvenile	39291
division, and shall be the juvenile judges as provided in Chapters	39292
2151. and 2152. of the Revised Code, with the powers and	39293
jurisdictions conferred by those chapters. The judge of the court	39294
of common pleas, juvenile division, who is senior in point of	39295
service, shall be the administrator of the juvenile division and	39296
its subdivisions and departments. The judge, senior in point of	39297
service, shall have charge of the employment, assignment, and	39298
supervision of the personnel of the juvenile division who are	39299
engaged in handling, servicing, or investigating juvenile cases,	39300
including any referees whom the judge considers necessary for the	39301
discharge of the judge's various duties.	39302

The judge, senior in point of service, also shall designate	39303
the title, compensation, expense allowances, hours, leaves of	39304
absence, and vacation of the personnel of the division and shall	39305
fix their duties. The duties of the personnel, in addition to	39306
other statutory duties, include the handling, servicing, and	39307
investigation of juvenile cases and providing any counseling and	39308
conciliation services that the division makes available to	39309
persons, whether or not the persons are parties to an action	39310
pending in the division, who request the services.	39311

(3) If a judge of the court of common pleas, division of	39312
domestic relations or juvenile division, is sick, absent, or	39313
unable to perform that judge's judicial duties or the volume of	39314
cases pending in the judge's division necessitates it, the duties	39315
of that judge shall be performed by the other judges of the	39316
domestic relations and juvenile divisions.	39317

(L)(1) In Cuyahoga county, the judges of the court of common	39318
pleas whose terms begin on January 8, 1961, January 9, 1961,	39319
January 18, 1975, January 19, 1975, and January 13, 1987, and	39320
successors, shall have the same qualifications, exercise the same	39321
powers and jurisdiction, and receive the same compensation as	39322
other judges of the court of common pleas of Cuyahoga county and	39323
shall be elected and designated as judges of the court of common	39324
pleas, division of domestic relations. They shall have all the	39325
powers relating to all divorce, dissolution of marriage, legal	39326
separation, and annulment cases, except in cases that are assigned	39327
to some other judge of the court of common pleas for some special	39328
reason.	39329

(2) The administrative judge is administrator of the domestic	39330
relations division and its subdivisions and departments and has	39331
the following powers concerning division personnel:	39332

(a) Full charge of the employment, assignment, and	39333
supervision;	39334

(b) Sole determination of compensation, duties, expenses,	39335
allowances, hours, leaves, and vacations.	39336

(3) "Division personnel" include persons employed or referees	39337
engaged in hearing, servicing, investigating, counseling, or	39338
conciliating divorce, dissolution of marriage, legal separation	39339
and annulment matters.	39340

(M) In Lake county:

39341

(1) The judge of the court of common pleas whose term begins	39342
on January 2, 1961, and successors, shall have the same	39343
qualifications, exercise the same powers and jurisdiction, and	39344
receive the same compensation as the other judges of the court of	39345
common pleas of Lake county and shall be elected and designated as	39346
judge of the court of common pleas, division of domestic	39347
relations. The judge shall be assigned all the divorce,	39348
dissolution of marriage, legal separation, and annulment cases	39349
coming before the court, except in cases that for some special	39350
reason are assigned to some other judge of the court of common	39351
pleas. The judge shall be charged with the assignment and division	39352
of the work of the division and with the employment and	39353
supervision of all other personnel of the domestic relations	39354
division.	39355

The judge also shall designate the title, compensation,	39356
expense allowances, hours, leaves of absence, and vacations of the	39357
personnel of the division and shall fix their duties. The duties	39358
of the personnel, in addition to other statutory duties, shall	39359
include the handling, servicing, and investigation of divorce,	39360
dissolution of marriage, legal separation, and annulment cases and	39361
providing any counseling and conciliation services that the	39362
division makes available to persons, whether or not the persons	39363
are parties to an action pending in the division, who request the	39364
services.	39365

(2) The judge of the court of common pleas whose term begins	39366
on January 4, 1979, and successors, shall have the same	39367
qualifications, exercise the same powers and jurisdiction, and	39368
receive the same compensation as other judges of the court of	39369
common pleas of Lake county, shall be elected and designated as	39370
judge of the court of common pleas, juvenile division, and shall	39371
be the juvenile judge as provided in Chapters 2151. and 2152. of	39372
the Revised Code, with the powers and jurisdictions conferred by	39373
those chapters. The judge of the court of common pleas, juvenile	39374
division, shall be the administrator of the juvenile division and	39375
its subdivisions and departments. The judge shall have charge of	39376
the employment, assignment, and supervision of the personnel of	39377
the juvenile division who are engaged in handling, servicing, or	39378
investigating juvenile cases, including any referees whom the	39379
judge considers necessary for the discharge of the judge's various	39380
duties.	39381

The judge also shall designate the title, compensation,	39382
expense allowances, hours, leaves of absence, and vacation of the	39383
personnel of the division and shall fix their duties. The duties	39384
of the personnel, in addition to other statutory duties, include	39385
the handling, servicing, and investigation of juvenile cases and	39386
providing any counseling and conciliation services that the	39387
division makes available to persons, whether or not the persons	39388
are parties to an action pending in the division, who request the	39389
services.	39390

(3) If a judge of the court of common pleas, division of	39391
domestic relations or juvenile division, is sick, absent, or	39392
unable to perform that judge's judicial duties or the volume of	39393
cases pending in the judge's division necessitates it, the duties	39394
of that judge shall be performed by the other judges of the	39395
domestic relations and juvenile divisions.	39396

(N) In Erie county:

39397

(1) The judge of the court of common pleas whose term begins	39398
on January 2, 1971, and the successors to that judge whose terms	39399
begin before January 2, 2007, shall have the same qualifications,	39400
exercise the same powers and jurisdiction, and receive the same	39401
compensation as the other judge of the court of common pleas of	39402
Erie county and shall be elected and designated as judge of the	39403
court of common pleas, division of domestic relations. The judge	39404
shall have all the powers relating to juvenile courts, and shall	39405
be assigned all cases under Chapters 2151. and 2152. of the	39406
Revised Code, parentage proceedings over which the juvenile court	39407
has jurisdiction, and divorce, dissolution of marriage, legal	39408
separation, and annulment cases, except cases that for some	39409
special reason are assigned to some other judge.	39410

On or after January 2, 2007, the judge of the court of common	39411
pleas who is elected in 2006 shall be the successor to the judge	39412
of the domestic relations division whose term expires on January	39413
1, 2007, shall be designated as judge of the court of common	39414
pleas, juvenile division, and shall be the juvenile judge as	39415
provided in Chapters 2151. and 2152. of the Revised Code with the	39416
powers and jurisdictions conferred by those chapters.	39417

(2) The judge of the court of common pleas, general division,	39418
whose term begins on January 1, 2005, and successors, the judge of	39419
the court of common pleas, general division whose term begins on	39420
January 2, 2005, and successors, and the judge of the court of	39421
common pleas, general division, whose term begins February 9,	39422
2009, and successors, shall have assigned to them, in addition to	39423
all matters that are within the jurisdiction of the general	39424
division of the court of common pleas, all divorce, dissolution of	39425
marriage, legal separation, and annulment cases coming before the	39426
court, and all matters that are within the jurisdiction of the	39427
probate court under Chapter 2101., and other provisions, of the	39428
Revised Code.	39429

(O) In Greene county:

39430

(1) The judge of the court of common pleas whose term begins	39431
on January 1, 1961, and successors, shall have the same	39432
qualifications, exercise the same powers and jurisdiction, and	39433
receive the same compensation as the other judges of the court of	39434
common pleas of Greene county and shall be elected and designated	39435
as the judge of the court of common pleas, division of domestic	39436
relations. The judge shall be assigned all divorce, dissolution of	39437
marriage, legal separation, annulment, uniform reciprocal support	39438
enforcement, and domestic violence cases and all other cases	39439
related to domestic relations, except cases that for some special	39440
reason are assigned to some other judge of the court of common	39441
pleas.	39442

The judge shall be charged with the assignment and division	39443
of the work of the division and with the employment and	39444
supervision of all other personnel of the division. The judge also	39445
shall designate the title, compensation, hours, leaves of absence,	39446
and vacations of the personnel of the division and shall fix their	39447
duties. The duties of the personnel of the division, in addition	39448
to other statutory duties, shall include the handling, servicing,	39449
and investigation of divorce, dissolution of marriage, legal	39450
separation, and annulment cases and the provision of counseling	39451
and conciliation services that the division considers necessary	39452
and makes available to persons who request the services, whether	39453
or not the persons are parties in an action pending in the	39454
division. The compensation for the personnel shall be paid from	39455
the overall court budget and shall be included in the	39456
appropriations for the existing judges of the general division of	39457
the court of common pleas.	39458

(2) The judge of the court of common pleas whose term begins	39459
on January 1, 1995, and successors, shall have the same	39460
qualifications, exercise the same powers and jurisdiction, and	39461
receive the same compensation as the other judges of the court of	39462
common pleas of Greene county, shall be elected and designated as	39463
judge of the court of common pleas, juvenile division, and, on or	39464
after January 1, 1995, shall be the juvenile judge as provided in	39465
Chapters 2151. and 2152. of the Revised Code with the powers and	39466
jurisdiction conferred by those chapters. The judge of the court	39467
of common pleas, juvenile division, shall be the administrator of	39468
the juvenile division and its subdivisions and departments. The	39469
judge shall have charge of the employment, assignment, and	39470
supervision of the personnel of the juvenile division who are	39471
engaged in handling, servicing, or investigating juvenile cases,	39472
including any referees whom the judge considers necessary for the	39473
discharge of the judge's various duties.	39474

The judge also shall designate the title, compensation,	39475
expense allowances, hours, leaves of absence, and vacation of the	39476
personnel of the division and shall fix their duties. The duties	39477
of the personnel, in addition to other statutory duties, include	39478
the handling, servicing, and investigation of juvenile cases and	39479
providing any counseling and conciliation services that the court	39480
makes available to persons, whether or not the persons are parties	39481
to an action pending in the court, who request the services.	39482

(3) If one of the judges of the court of common pleas,	39483
general division, is sick, absent, or unable to perform that	39484
judge's judicial duties or the volume of cases pending in the	39485
general division necessitates it, the duties of that judge of the	39486
general division shall be performed by the judge of the division	39487
of domestic relations and the judge of the juvenile division.	39488

(P) In Portage county, the judge of the court of common	39489
pleas, whose term begins January 2, 1987, and successors, shall	39490
have the same qualifications, exercise the same powers and	39491
jurisdiction, and receive the same compensation as the other	39492
judges of the court of common pleas of Portage county and shall be	39493
elected and designated as judge of the court of common pleas,	39494
division of domestic relations. The judge shall be assigned all	39495
divorce, dissolution of marriage, legal separation, and annulment	39496
cases coming before the court, except in cases that for some	39497
special reason are assigned to some other judge of the court of	39498
common pleas. The judge shall be charged with the assignment and	39499
division of the work of the division and with the employment and	39500
supervision of all other personnel of the domestic relations	39501
division.	39502

The judge also shall designate the title, compensation,	39503
expense allowances, hours, leaves of absence, and vacations of the	39504
personnel of the division and shall fix their duties. The duties	39505
of the personnel, in addition to other statutory duties, shall	39506
include the handling, servicing, and investigation of divorce,	39507
dissolution of marriage, legal separation, and annulment cases and	39508
providing any counseling and conciliation services that the	39509
division makes available to persons, whether or not the persons	39510
are parties to an action pending in the division, who request the	39511
services.	39512

(Q) In Clermont county, the judge of the court of common	39513
pleas, whose term begins January 2, 1987, and successors, shall	39514
have the same qualifications, exercise the same powers and	39515
jurisdiction, and receive the same compensation as the other	39516
judges of the court of common pleas of Clermont county and shall	39517
be elected and designated as judge of the court of common pleas,	39518
division of domestic relations. The judge shall be assigned all	39519
divorce, dissolution of marriage, legal separation, and annulment	39520
cases coming before the court, except in cases that for some	39521
special reason are assigned to some other judge of the court of	39522
common pleas. The judge shall be charged with the assignment and	39523
division of the work of the division and with the employment and	39524
supervision of all other personnel of the domestic relations	39525
division.	39526

The judge also shall designate the title, compensation,	39527
expense allowances, hours, leaves of absence, and vacations of the	39528
personnel of the division and shall fix their duties. The duties	39529
of the personnel, in addition to other statutory duties, shall	39530
include the handling, servicing, and investigation of divorce,	39531
dissolution of marriage, legal separation, and annulment cases and	39532
providing any counseling and conciliation services that the	39533
division makes available to persons, whether or not the persons	39534
are parties to an action pending in the division, who request the	39535
services.	39536

(R) In Warren county, the judge of the court of common pleas,	39537
whose term begins January 1, 1987, and successors, shall have the	39538
same qualifications, exercise the same powers and jurisdiction,	39539
and receive the same compensation as the other judges of the court	39540
of common pleas of Warren county and shall be elected and	39541
designated as judge of the court of common pleas, division of	39542
domestic relations. The judge shall be assigned all divorce,	39543
dissolution of marriage, legal separation, and annulment cases	39544
coming before the court, except in cases that for some special	39545
reason are assigned to some other judge of the court of common	39546
pleas. The judge shall be charged with the assignment and division	39547
of the work of the division and with the employment and	39548
supervision of all other personnel of the domestic relations	39549
division.	39550

The judge also shall designate the title, compensation,	39551
expense allowances, hours, leaves of absence, and vacations of the	39552
personnel of the division and shall fix their duties. The duties	39553
of the personnel, in addition to other statutory duties, shall	39554
include the handling, servicing, and investigation of divorce,	39555
dissolution of marriage, legal separation, and annulment cases and	39556
providing any counseling and conciliation services that the	39557
division makes available to persons, whether or not the persons	39558
are parties to an action pending in the division, who request the	39559
services.	39560

(S) In Licking county, the judges of the court of common	39561
pleas, whose terms begin on January 1, 1991, and January 1, 2005,	39562
and successors, shall have the same qualifications, exercise the	39563
same powers and jurisdiction, and receive the same compensation as	39564
the other judges of the court of common pleas of Licking county	39565
and shall be elected and designated as judges of the court of	39566
common pleas, division of domestic relations. The judges shall be	39567
assigned all divorce, dissolution of marriage, legal separation,	39568
and annulment cases, all cases arising under Chapter 3111. of the	39569
Revised Code, all proceedings involving child support, the	39570
allocation of parental rights and responsibilities for the care of	39571
children and the designation for the children of a place of	39572
residence and legal custodian, parenting time, and visitation, and	39573
all post-decree proceedings and matters arising from those cases	39574
and proceedings, except in cases that for some special reason are	39575
assigned to another judge of the court of common pleas. The	39576
administrative judge of the division of domestic relations shall	39577
be charged with the assignment and division of the work of the	39578
division and with the employment and supervision of the personnel	39579
of the division.	39580

The administrative judge of the division of domestic	39581
relations shall designate the title, compensation, expense	39582
allowances, hours, leaves of absence, and vacations of the	39583
personnel of the division and shall fix the duties of the	39584
personnel of the division. The duties of the personnel of the	39585
division, in addition to other statutory duties, shall include the	39586
handling, servicing, and investigation of divorce, dissolution of	39587
marriage, legal separation, and annulment cases, cases arising	39588
under Chapter 3111. of the Revised Code, and proceedings involving	39589
child support, the allocation of parental rights and	39590
responsibilities for the care of children and the designation for	39591
the children of a place of residence and legal custodian,	39592
parenting time, and visitation and providing any counseling and	39593
conciliation services that the division makes available to	39594
persons, whether or not the persons are parties to an action	39595
pending in the division, who request the services.	39596

(T) In Allen county, the judge of the court of common pleas,	39597
whose term begins January 1, 1993, and successors, shall have the	39598
same qualifications, exercise the same powers and jurisdiction,	39599
and receive the same compensation as the other judges of the court	39600
of common pleas of Allen county and shall be elected and	39601
designated as judge of the court of common pleas, division of	39602
domestic relations. The judge shall be assigned all divorce,	39603
dissolution of marriage, legal separation, and annulment cases,	39604
all cases arising under Chapter 3111. of the Revised Code, all	39605
proceedings involving child support, the allocation of parental	39606
rights and responsibilities for the care of children and the	39607
designation for the children of a place of residence and legal	39608
custodian, parenting time, and visitation, and all post-decree	39609
proceedings and matters arising from those cases and proceedings,	39610
except in cases that for some special reason are assigned to	39611
another judge of the court of common pleas. The judge shall be	39612
charged with the assignment and division of the work of the	39613
division and with the employment and supervision of the personnel	39614
of the division.	39615

The judge shall designate the title, compensation, expense	39616
allowances, hours, leaves of absence, and vacations of the	39617
personnel of the division and shall fix the duties of the	39618
personnel of the division. The duties of the personnel of the	39619
division, in addition to other statutory duties, shall include the	39620
handling, servicing, and investigation of divorce, dissolution of	39621
marriage, legal separation, and annulment cases, cases arising	39622
under Chapter 3111. of the Revised Code, and proceedings involving	39623
child support, the allocation of parental rights and	39624
responsibilities for the care of children and the designation for	39625
the children of a place of residence and legal custodian,	39626
parenting time, and visitation, and providing any counseling and	39627
conciliation services that the division makes available to	39628
persons, whether or not the persons are parties to an action	39629
pending in the division, who request the services.	39630

(U) In Medina county, the judge of the court of common pleas	39631
whose term begins January 1, 1995, and successors, shall have the	39632
same qualifications, exercise the same powers and jurisdiction,	39633
and receive the same compensation as other judges of the court of	39634
common pleas of Medina county and shall be elected and designated	39635
as judge of the court of common pleas, division of domestic	39636
relations. The judge shall be assigned all divorce, dissolution of	39637
marriage, legal separation, and annulment cases, all cases arising	39638
under Chapter 3111. of the Revised Code, all proceedings involving	39639
child support, the allocation of parental rights and	39640
responsibilities for the care of children and the designation for	39641
the children of a place of residence and legal custodian,	39642
parenting time, and visitation, and all post-decree proceedings	39643
and matters arising from those cases and proceedings, except in	39644
cases that for some special reason are assigned to another judge	39645
of the court of common pleas. The judge shall be charged with the	39646
assignment and division of the work of the division and with the	39647
employment and supervision of the personnel of the division.	39648

The judge shall designate the title, compensation, expense	39649
allowances, hours, leaves of absence, and vacations of the	39650
personnel of the division and shall fix the duties of the	39651
personnel of the division. The duties of the personnel, in	39652
addition to other statutory duties, include the handling,	39653
servicing, and investigation of divorce, dissolution of marriage,	39654
legal separation, and annulment cases, cases arising under Chapter	39655
3111. of the Revised Code, and proceedings involving child	39656
support, the allocation of parental rights and responsibilities	39657
for the care of children and the designation for the children of a	39658
place of residence and legal custodian, parenting time, and	39659
visitation, and providing counseling and conciliation services	39660
that the division makes available to persons, whether or not the	39661
persons are parties to an action pending in the division, who	39662
request the services.	39663

(V) In Fairfield county, the judge of the court of common	39664
pleas whose term begins January 2, 1995, and successors, shall	39665
have the same qualifications, exercise the same powers and	39666
jurisdiction, and receive the same compensation as the other	39667
judges of the court of common pleas of Fairfield county and shall	39668
be elected and designated as judge of the court of common pleas,	39669
division of domestic relations. The judge shall be assigned all	39670
divorce, dissolution of marriage, legal separation, and annulment	39671
cases, all cases arising under Chapter 3111. of the Revised Code,	39672
all proceedings involving child support, the allocation of	39673
parental rights and responsibilities for the care of children and	39674
the designation for the children of a place of residence and legal	39675
custodian, parenting time, and visitation, and all post-decree	39676
proceedings and matters arising from those cases and proceedings,	39677
except in cases that for some special reason are assigned to	39678
another judge of the court of common pleas. The judge also has	39679
concurrent jurisdiction with the probate-juvenile division of the	39680
court of common pleas of Fairfield county with respect to and may	39681
hear cases to determine the custody of a child, as defined in	39682
section 2151.011 of the Revised Code, who is not the ward of	39683
another court of this state, cases that are commenced by a parent,	39684
guardian, or custodian of a child, as defined in section 2151.011	39685
of the Revised Code, to obtain an order requiring a parent of the	39686
child to pay child support for that child when the request for	39687
that order is not ancillary to an action for divorce, dissolution	39688
of marriage, annulment, or legal separation, a criminal or civil	39689
action involving an allegation of domestic violence, an action for	39690
support under Chapter 3115. of the Revised Code, or an action that	39691
is within the exclusive original jurisdiction of the	39692
probate-juvenile division of the court of common pleas of	39693
Fairfield county and that involves an allegation that the child is	39694
an abused, neglected, or dependent child, and post-decree	39695
proceedings and matters arising from those types of cases.	39696

The judge of the domestic relations division shall be charged	39697
with the assignment and division of the work of the division and	39698
with the employment and supervision of the personnel of the	39699
division.	39700

The judge shall designate the title, compensation, expense	39701
allowances, hours, leaves of absence, and vacations of the	39702
personnel of the division and shall fix the duties of the	39703
personnel of the division. The duties of the personnel of the	39704
division, in addition to other statutory duties, shall include the	39705
handling, servicing, and investigation of divorce, dissolution of	39706
marriage, legal separation, and annulment cases, cases arising	39707
under Chapter 3111. of the Revised Code, and proceedings involving	39708
child support, the allocation of parental rights and	39709
responsibilities for the care of children and the designation for	39710
the children of a place of residence and legal custodian,	39711
parenting time, and visitation, and providing any counseling and	39712
conciliation services that the division makes available to	39713
persons, regardless of whether the persons are parties to an	39714
action pending in the division, who request the services. When the	39715
judge hears a case to determine the custody of a child, as defined	39716
in section 2151.011 of the Revised Code, who is not the ward of	39717
another court of this state or a case that is commenced by a	39718
parent, guardian, or custodian of a child, as defined in section	39719
2151.011 of the Revised Code, to obtain an order requiring a	39720
parent of the child to pay child support for that child when the	39721
request for that order is not ancillary to an action for divorce,	39722
dissolution of marriage, annulment, or legal separation, a	39723
criminal or civil action involving an allegation of domestic	39724
violence, an action for support under Chapter 3115. of the Revised	39725
Code, or an action that is within the exclusive original	39726
jurisdiction of the probate-juvenile division of the court of	39727
common pleas of Fairfield county and that involves an allegation	39728
that the child is an abused, neglected, or dependent child, the	39729
duties of the personnel of the domestic relations division also	39730
include the handling, servicing, and investigation of those types	39731
of cases.	39732

(W)(1) In Clark county, the judge of the court of common	39733
pleas whose term begins on January 2, 1995, and successors, shall	39734
have the same qualifications, exercise the same powers and	39735
jurisdiction, and receive the same compensation as other judges of	39736
the court of common pleas of Clark county and shall be elected and	39737
designated as judge of the court of common pleas, domestic	39738
relations division. The judge shall have all the powers relating	39739
to juvenile courts, and all cases under Chapters 2151. and 2152.	39740
of the Revised Code and all parentage proceedings under Chapter	39741
3111. of the Revised Code over which the juvenile court has	39742
jurisdiction shall be assigned to the judge of the division of	39743
domestic relations. All divorce, dissolution of marriage, legal	39744
separation, annulment, uniform reciprocal support enforcement, and	39745
other cases related to domestic relations shall be assigned to the	39746
domestic relations division, and the presiding judge of the court	39747
of common pleas shall assign the cases to the judge of the	39748
domestic relations division and the judges of the general	39749
division.	39750

(2) In addition to the judge's regular duties, the judge of	39751
the division of domestic relations shall serve on the children	39752
services board and the county advisory board.	39753

(3) If the judge of the court of common pleas of Clark	39754
county, division of domestic relations, is sick, absent, or unable	39755
to perform that judge's judicial duties or if the presiding judge	39756
of the court of common pleas of Clark county determines that the	39757
volume of cases pending in the division of domestic relations	39758
necessitates it, the duties of the judge of the division of	39759
domestic relations shall be performed by the judges of the general	39760
division or probate division of the court of common pleas of Clark	39761
county, as assigned for that purpose by the presiding judge of	39762
that court, and the judges so assigned shall act in conjunction	39763
with the judge of the division of domestic relations of that	39764
court.	39765

(X) In Scioto county, the judge of the court of common pleas	39766
whose term begins January 2, 1995, and successors, shall have the	39767
same qualifications, exercise the same powers and jurisdiction,	39768
and receive the same compensation as other judges of the court of	39769
common pleas of Scioto county and shall be elected and designated	39770
as judge of the court of common pleas, division of domestic	39771
relations. The judge shall be assigned all divorce, dissolution of	39772
marriage, legal separation, and annulment cases, all cases arising	39773
under Chapter 3111. of the Revised Code, all proceedings involving	39774
child support, the allocation of parental rights and	39775
responsibilities for the care of children and the designation for	39776
the children of a place of residence and legal custodian,	39777
parenting time, visitation, and all post-decree proceedings and	39778
matters arising from those cases and proceedings, except in cases	39779
that for some special reason are assigned to another judge of the	39780
court of common pleas. The judge shall be charged with the	39781
assignment and division of the work of the division and with the	39782
employment and supervision of the personnel of the division.	39783

The judge shall designate the title, compensation, expense	39784
allowances, hours, leaves of absence, and vacations of the	39785
personnel of the division and shall fix the duties of the	39786
personnel of the division. The duties of the personnel, in	39787
addition to other statutory duties, include the handling,	39788
servicing, and investigation of divorce, dissolution of marriage,	39789
legal separation, and annulment cases, cases arising under Chapter	39790
3111. of the Revised Code, and proceedings involving child	39791
support, the allocation of parental rights and responsibilities	39792
for the care of children and the designation for the children of a	39793
place of residence and legal custodian, parenting time, and	39794
visitation, and providing counseling and conciliation services	39795
that the division makes available to persons, whether or not the	39796
persons are parties to an action pending in the division, who	39797
request the services.	39798

(Y) In Auglaize county, the judge of the probate and juvenile	39799
divisions of the Auglaize county court of common pleas also shall	39800
be the administrative judge of the domestic relations division of	39801
the court and shall be assigned all divorce, dissolution of	39802
marriage, legal separation, and annulment cases coming before the	39803
court. The judge shall have all powers as administrator of the	39804
domestic relations division and shall have charge of the personnel	39805
engaged in handling, servicing, or investigating divorce,	39806
dissolution of marriage, legal separation, and annulment cases,	39807
including any referees considered necessary for the discharge of	39808
the judge's various duties.	39809

(Z)(1) In Marion county, the judge of the court of common	39810
pleas whose term begins on February 9, 1999, and the successors to	39811
that judge, shall have the same qualifications, exercise the same	39812
powers and jurisdiction, and receive the same compensation as the	39813
other judges of the court of common pleas of Marion county and	39814
shall be elected and designated as judge of the court of common	39815
pleas, domestic relations-juvenile-probate division. Except as	39816
otherwise specified in this division, that judge, and the	39817
successors to that judge, shall have all the powers relating to	39818
juvenile courts, and all cases under Chapters 2151. and 2152. of	39819
the Revised Code, all cases arising under Chapter 3111. of the	39820
Revised Code, all divorce, dissolution of marriage, legal	39821
separation, and annulment cases, all proceedings involving child	39822
support, the allocation of parental rights and responsibilities	39823
for the care of children and the designation for the children of a	39824
place of residence and legal custodian, parenting time, and	39825
visitation, and all post-decree proceedings and matters arising	39826
from those cases and proceedings shall be assigned to that judge	39827
and the successors to that judge. Except as provided in division	39828
(Z)(2) of this section and notwithstanding any other provision of	39829
any section of the Revised Code, on and after February 9, 2003,	39830
the judge of the court of common pleas of Marion county whose term	39831
begins on February 9, 1999, and the successors to that judge,	39832
shall have all the powers relating to the probate division of the	39833
court of common pleas of Marion county in addition to the powers	39834
previously specified in this division, and shall exercise	39835
concurrent jurisdiction with the judge of the probate division of	39836
that court over all matters that are within the jurisdiction of	39837
the probate division of that court under Chapter 2101., and other	39838
provisions, of the Revised Code in addition to the jurisdiction of	39839
the domestic relations-juvenile-probate division of that court	39840
otherwise specified in division (Z)(1) of this section.	39841

(2) The judge of the domestic relations-juvenile-probate	39842
division of the court of common pleas of Marion county or the	39843
judge of the probate division of the court of common pleas of	39844
Marion county, whichever of those judges is senior in total length	39845
of service on the court of common pleas of Marion county,	39846
regardless of the division or divisions of service, shall serve as	39847
the clerk of the probate division of the court of common pleas of	39848
Marion county.	39849

(3) On and after February 9, 2003, all references in law to	39850
"the probate court," "the probate judge," "the juvenile court," or	39851
"the judge of the juvenile court" shall be construed, with respect	39852
to Marion county, as being references to both "the probate	39853
division" and "the domestic relations-juvenile-probate division"	39854
and as being references to both "the judge of the probate	39855
division" and "the judge of the domestic relations-	39856
juvenile-probate division." On and after February 9, 2003, all	39857
references in law to "the clerk of the probate court" shall be	39858
construed, with respect to Marion county, as being references to	39859
the judge who is serving pursuant to division (Z)(2) of this	39860
section as the clerk of the probate division of the court of	39861
common pleas of Marion county.	39862

(AA) In Muskingum county, the judge of the court of common	39863
pleas whose term begins on January 2, 2003, and successors, shall	39864
have the same qualifications, exercise the same powers and	39865
jurisdiction, and receive the same compensation as the other	39866
judges of the court of common pleas of Muskingum county and shall	39867
be elected and designated as the judge of the court of common	39868
pleas, division of domestic relations. The judge shall be assigned	39869
all divorce, dissolution of marriage, legal separation, and	39870
annulment cases, all cases arising under Chapter 3111. of the	39871
Revised Code, all proceedings involving child support, the	39872
allocation of parental rights and responsibilities for the care of	39873
children and the designation for the children of a place of	39874
residence and legal custodian, parenting time, and visitation, and	39875
all post-decree proceedings and matters arising from those cases	39876
and proceedings, except in cases that for some special reason are	39877
assigned to another judge of the court of common pleas. The judge	39878
shall be charged with the assignment and division of the work of	39879
the division and with the employment and supervision of the	39880
personnel of the division.	39881

The judge shall designate the title, compensation, expense	39882
allowances, hours, leaves of absence, and vacations of the	39883
personnel of the division and shall fix the duties of the	39884
personnel of the division. The duties of the personnel of the	39885
division, in addition to other statutory duties, shall include the	39886
handling, servicing, and investigation of divorce, dissolution of	39887
marriage, legal separation, and annulment cases, cases arising	39888
under Chapter 3111. of the Revised Code, and proceedings involving	39889
child support, the allocation of parental rights and	39890
responsibilities for the care of children and the designation for	39891
the children of a place of residence and legal custodian,	39892
parenting time, and visitation and providing any counseling and	39893
conciliation services that the division makes available to	39894
persons, whether or not the persons are parties to an action	39895
pending in the division, who request the services.	39896

(BB) In Henry county, the judge of the court of common pleas	39897
whose term begins on January 1, 2005, and successors, shall have	39898
the same qualifications, exercise the same powers and	39899
jurisdiction, and receive the same compensation as the other judge	39900
of the court of common pleas of Henry county and shall be elected	39901
and designated as the judge of the court of common pleas, division	39902
of domestic relations. The judge shall have all of the powers	39903
relating to juvenile courts, and all cases under Chapter 2151. or	39904
2152. of the Revised Code, all parentage proceedings arising under	39905
Chapter 3111. of the Revised Code over which the juvenile court	39906
has jurisdiction, all divorce, dissolution of marriage, legal	39907
separation, and annulment cases, all proceedings involving child	39908
support, the allocation of parental rights and responsibilities	39909
for the care of children and the designation for the children of a	39910
place of residence and legal custodian, parenting time, and	39911
visitation, and all post-decree proceedings and matters arising	39912
from those cases and proceedings shall be assigned to that judge,	39913
except in cases that for some special reason are assigned to the	39914
other judge of the court of common pleas.	39915

(CC)(1) In Logan county, the judge of the court of common	39916
pleas whose term begins January 2, 2005, and the successors to	39917
that judge, shall have the same qualifications, exercise the same	39918
powers and jurisdiction, and receive the same compensation as the	39919
other judges of the court of common pleas of Logan county and	39920
shall be elected and designated as judge of the court of common	39921
pleas, domestic relations-juvenile-probate division. Except as	39922
otherwise specified in this division, that judge, and the	39923
successors to that judge, shall have all the powers relating to	39924
juvenile courts, and all cases under Chapters 2151. and 2152. of	39925
the Revised Code, all cases arising under Chapter 3111. of the	39926
Revised Code, all divorce, dissolution of marriage, legal	39927
separation, and annulment cases, all proceedings involving child	39928
support, the allocation of parental rights and responsibilities	39929
for the care of children and designation for the children of a	39930
place of residence and legal custodian, parenting time, and	39931
visitation, and all post-decree proceedings and matters arising	39932
from those cases and proceedings shall be assigned to that judge	39933
and the successors to that judge. Notwithstanding any other	39934
provision of any section of the Revised Code, on and after January	39935
2, 2005, the judge of the court of common pleas of Logan county	39936
whose term begins on January 2, 2005, and the successors to that	39937
judge, shall have all the powers relating to the probate division	39938
of the court of common pleas of Logan county in addition to the	39939
powers previously specified in this division and shall exercise	39940
concurrent jurisdiction with the judge of the probate division of	39941
that court over all matters that are within the jurisdiction of	39942
the probate division of that court under Chapter 2101., and other	39943
provisions, of the Revised Code in addition to the jurisdiction of	39944
the domestic relations-juvenile-probate division of that court	39945
otherwise specified in division (CC)(1) of this section.	39946

(2) The judge of the domestic relations-juvenile-probate	39947
division of the court of common pleas of Logan county or the	39948
probate judge of the court of common pleas of Logan county who is	39949
elected as the administrative judge of the probate division of the	39950
court of common pleas of Logan county pursuant to Rule 4 of the	39951
Rules of Superintendence shall be the clerk of the probate	39952
division and juvenile division of the court of common pleas of	39953
Logan county. The clerk of the court of common pleas who is	39954
elected pursuant to section 2303.01 of the Revised Code shall keep	39955
all of the journals, records, books, papers, and files pertaining	39956
to the domestic relations cases.	39957

(3) On and after January 2, 2005, all references in law to	39958
"the probate court," "the probate judge," "the juvenile court," or	39959
"the judge of the juvenile court" shall be construed, with respect	39960
to Logan county, as being references to both "the probate	39961
division" and the "domestic relations-juvenile-probate division"	39962
and as being references to both "the judge of the probate	39963
division" and the "judge of the domestic	39964
relations-juvenile-probate division." On and after January 2,	39965
2005, all references in law to "the clerk of the probate court"	39966
shall be construed, with respect to Logan county, as being	39967
references to the judge who is serving pursuant to division	39968
(CC)(2) of this section as the clerk of the probate division of	39969
the court of common pleas of Logan county.	39970

(DD)(1) In Champaign county, the judge of the court of common	39971
pleas whose term begins February 9, 2003, and the judge of the	39972
court of common pleas whose term begins February 10, 2009, and the	39973
successors to those judges, shall have the same qualifications,	39974
exercise the same powers and jurisdiction, and receive the same	39975
compensation as the other judges of the court of common pleas of	39976
Champaign county and shall be elected and designated as judges of	39977
the court of common pleas, domestic relations-juvenile-probate	39978
division. Except as otherwise specified in this division, those	39979
judges, and the successors to those judges, shall have all the	39980
powers relating to juvenile courts, and all cases under Chapters	39981
2151. and 2152. of the Revised Code, all cases arising under	39982
Chapter 3111. of the Revised Code, all divorce, dissolution of	39983
marriage, legal separation, and annulment cases, all proceedings	39984
involving child support, the allocation of parental rights and	39985
responsibilities for the care of children and the designation for	39986
the children of a place of residence and legal custodian,	39987
parenting time, and visitation, and all post-decree proceedings	39988
and matters arising from those cases and proceedings shall be	39989
assigned to those judges and the successors to those judges.	39990
Notwithstanding any other provision of any section of the Revised	39991
Code, on and after February 9, 2009, the judges designated by this	39992
division as judges of the court of common pleas of Champaign	39993
county, domestic relations-juvenile-probate division, and the	39994
successors to those judges, shall have all the powers relating to	39995
probate courts in addition to the powers previously specified in	39996
this division and shall exercise jurisdiction over all matters	39997
that are within the jurisdiction of probate courts under Chapter	39998
2101., and other provisions, of the Revised Code in addition to	39999
the jurisdiction of the domestic relations-juvenile-probate	40000
division otherwise specified in division (DD)(1) of this section.	40001

(2) On and after February 9, 2009, all references in law to	40002
"the probate court," "the probate judge," "the juvenile court," or	40003
"the judge of the juvenile court" shall be construed with respect	40004
to Champaign county as being references to the "domestic	40005
relations-juvenile-probate division" and as being references to	40006
the "judge of the domestic relations-juvenile-probate division."	40007
On and after February 9, 2009, all references in law to "the clerk	40008
of the probate court" shall be construed with respect to Champaign	40009
county as being references to the judge who is serving pursuant to	40010
Rule 4 of the Rules of Superintendence for the Courts of Ohio as	40011
the administrative judge of the court of common pleas, domestic	40012
relations-juvenile-probate division.	40013

(EE) If a judge of the court of common pleas, division of	40014
domestic relations, or juvenile judge, of any of the counties	40015
mentioned in this section is sick, absent, or unable to perform	40016
that judge's judicial duties or the volume of cases pending in the	40017
judge's division necessitates it, the duties of that judge shall	40018
be performed by another judge of the court of common pleas of that	40019
county, assigned for that purpose by the presiding judge of the	40020
court of common pleas of that county to act in place of or in	40021
conjunction with that judge, as the case may require.	40022

Sec. 2303.201. (A)(1) The court of common pleas of any	40023
county may determine that for the efficient operation of the court	40024
additional funds are required to computerize the court, to make	40025
available computerized legal research services, or to do both.	40026
Upon making a determination that additional funds are required for	40027
either or both of those purposes, the court shall authorize and	40028
direct the clerk of the court of common pleas to charge one	40029
additional fee, not to exceed three dollars, on the filing of each	40030
cause of action or appeal under divisions (A), (Q), and (U) of	40031
section 2303.20 of the Revised Code.	40032

(2) All fees collected under division (A)(1) of this section	40033
shall be paid to the county treasurer. The treasurer shall place	40034
the funds from the fees in a separate fund to be disbursed, upon	40035
an order of the court, in an amount not greater than the actual	40036
cost to the court of procuring and maintaining computerization of	40037
the court, computerized legal research services, or both.	40038

(3) If the court determines that the funds in the fund	40039
described in division (A)(2) of this section are more than	40040
sufficient to satisfy the purpose for which the additional fee	40041
described in division (A)(1) of this section was imposed, the	40042
court may declare a surplus in the fund and expend those surplus	40043
funds for other appropriate technological expenses of the court.	40044

(B)(1) The court of common pleas of any county may determine	40045
that, for the efficient operation of the court, additional funds	40046
are required to computerize the office of the clerk of the court	40047
of common pleas and, upon that determination, authorize and direct	40048
the clerk of the court of common pleas to charge an additional	40049
fee, not to exceed ten dollars, on the filing of each cause of	40050
action or appeal, on the filing, docketing, and endorsing of each	40051
certificate of judgment, or on the docketing and indexing of each	40052
aid in execution or petition to vacate, revive, or modify a	40053
judgment under divisions (A), (P), (Q), (T), and (U) of section	40054
2303.20 of the Revised Code. Subject to division (B)(2) of this	40055
section, all moneys collected under division (B)(1) of this	40056
section shall be paid to the county treasurer to be disbursed,	40057
upon an order of the court of common pleas and subject to	40058
appropriation by the board of county commissioners, in an amount	40059
no greater than the actual cost to the court of procuring and	40060
maintaining computer systems for the office of the clerk of the	40061
court of common pleas.	40062

(2) If the court of common pleas of a county makes the	40063
determination described in division (B)(1) of this section, the	40064
board of county commissioners of that county may issue one or more	40065
general obligation bonds for the purpose of procuring and	40066
maintaining the computer systems for the office of the clerk of	40067
the court of common pleas. In addition to the purposes stated in	40068
division (B)(1) of this section for which the moneys collected	40069
under that division may be expended, the moneys additionally may	40070
be expended to pay debt charges on and financing costs related to	40071
any general obligation bonds issued pursuant to division (B)(2) of	40072
this section as they become due. General obligation bonds issued	40073
pursuant to division (B)(2) of this section are Chapter 133.	40074
securities.	40075

(C) The court of common pleas shall collect the sum of	40076
twenty-six dollars as additional filing fees in each new civil	40077
action or proceeding for the charitable public purpose of	40078
providing financial assistance to legal aid societies that	40079
operate within the state and to support the office of the state	40080
public defender. This division does not apply to proceedings	40081
concerning annulments, dissolutions of marriage, divorces, legal	40082
separation, spousal support, marital property or separate property	40083
distribution, support, or other domestic relations matters; to a	40084
juvenile division of a court of common pleas; to a probate	40085
division of a court of common pleas, except that the additional	40086
filing fees shall apply to name change, guardianship, adoption,	40087
and decedents' estate proceedings; or to an execution on a	40088
judgment, proceeding in aid of execution, or other post-judgment	40089
proceeding arising out of a civil action. The filing fees required	40090
to be collected under this division shall be in addition to any	40091
other filing fees imposed in the action or proceeding and shall be	40092
collected at the time of the filing of the action or proceeding.	40093
The court shall not waive the payment of the additional filing	40094
fees in a new civil action or proceeding unless the court waives	40095
the advanced payment of all filing fees in the action or	40096
proceeding. All such moneys collected during a month except for an	40097
amount equal to up to one per cent of those moneys retained to	40098
cover administrative costs shall be transmitted on or before the	40099
twentieth day of the following month by the clerk of the court to	40100
the treasurer of state in a manner prescribed by the treasurer of	40101
state or by the Ohio legal assistance foundation. The treasurer of	40102
state shall deposit four per cent of the funds collected under	40103
this division to the credit of the civil case filing fee fund	40104
established under section 120.07 of the Revised Code and	40105
ninety-six per cent of the funds collected under this division to	40106
the credit of the legal aid fund established under section 120.52	40107
of the Revised Code.	40108

The court may retain up to one per cent of the moneys it	40109
collects under this division to cover administrative costs,	40110
including the hiring of any additional personnel necessary to	40111
implement this division. If the court fails to transmit to the	40112
treasurer of state the moneys the court collects under this	40113
division in a manner prescribed by the treasurer of state or by	40114
the Ohio legal assistance foundation, the court shall forfeit the	40115
moneys the court retains under this division to cover	40116
administrative costs, including the hiring of any additional	40117
personnel necessary to implement this division, and shall transmit	40118
to the treasurer of state all moneys collected under this	40119
division, including the forfeited amount retained for	40120
administrative costs, for deposit in the legal aid fund.	40121

(D) On and after the thirtieth day after December 9, 1994,	40122
the court of common pleas shall collect the sum of thirty-two	40123
dollars as additional filing fees in each new action or proceeding	40124
for annulment, divorce, or dissolution of marriage for the purpose	40125
of funding shelters for victims of domestic violence pursuant to	40126
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	40127
required to be collected under this division shall be in addition	40128
to any other filing fees imposed in the action or proceeding and	40129
shall be collected at the time of the filing of the action or	40130
proceeding. The court shall not waive the payment of the	40131
additional filing fees in a new action or proceeding for	40132
annulment, divorce, or dissolution of marriage unless the court	40133
waives the advanced payment of all filing fees in the action or	40134
proceeding. On or before the twentieth day of each month, all	40135
moneys collected during the immediately preceding month pursuant	40136
to this division shall be deposited by the clerk of the court into	40137
the county treasury in the special fund used for deposit of	40138
additional marriage license fees as described in section 3113.34	40139
of the Revised Code. Upon their deposit into the fund, the moneys	40140
shall be retained in the fund and expended only as described in	40141
section 3113.34 of the Revised Code.	40142

(E)(1) The court of common pleas may determine that, for the	40143
efficient operation of the court, additional funds are necessary	40144
to acquire and pay for special projects of the court, including,	40145
but not limited to, the acquisition of additional facilities or	40146
the rehabilitation of existing facilities, the acquisition of	40147
equipment, the hiring and training of staff, community service	40148
programs, mediation or dispute resolution services, the employment	40149
of magistrates, the training and education of judges, acting	40150
judges, and magistrates, and other related services. Upon that	40151
determination, the court by rule may charge a fee, in addition to	40152
all other court costs, on the filing of each criminal cause, civil	40153
action or proceeding, or judgment by confession.	40154

If the court of common pleas offers a special program or	40155
service in cases of a specific type, the court by rule may assess	40156
an additional charge in a case of that type, over and above court	40157
costs, to cover the special program or service. The court shall	40158
adjust the special assessment periodically, but not retroactively,	40159
so that the amount assessed in those cases does not exceed the	40160
actual cost of providing the service or program.	40161

All moneys collected under division (E) of this section shall	40162
be paid to the county treasurer for deposit into either a general	40163
special projects fund or a fund established for a specific special	40164
project. Moneys from a fund of that nature shall be disbursed upon	40165
an order of the court in an amount no greater than the actual cost	40166
to the court of a project. If a specific fund is terminated	40167
because of the discontinuance of a program or service established	40168
under division (E) of this section, the court may order that	40169
moneys remaining in the fund be transferred to an account	40170
established under this division for a similar purpose.	40171

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

40172

(a) "Criminal cause" means a charge alleging the violation of	40173
a statute or ordinance, or subsection of a statute or ordinance,	40174
that requires a separate finding of fact or a separate plea before	40175
disposition and of which the defendant may be found guilty,	40176
whether filed as part of a multiple charge on a single summons,	40177
citation, or complaint or as a separate charge on a single	40178
summons, citation, or complaint. "Criminal cause" does not include	40179
separate violations of the same statute or ordinance, or	40180
subsection of the same statute or ordinance, unless each charge is	40181
filed on a separate summons, citation, or complaint.	40182

(b) "Civil action or proceeding" means any civil litigation	40183
that must be determined by judgment entry.	40184

Sec. 2305.234. (A) As used in this section:

40185

(1) "Chiropractic claim," "medical claim," and "optometric	40186
claim" have the same meanings as in section 2305.113 of the	40187
Revised Code.	40188

(2) "Dental claim" has the same meaning as in section	40189
2305.113 of the Revised Code, except that it does not include any	40190
claim arising out of a dental operation or any derivative claim	40191
for relief that arises out of a dental operation.	40192

(3) "Governmental health care program" has the same meaning	40193
as in section 4731.65 of the Revised Code.	40194

(4) "Health care facility or location" means a hospital,	40195
clinic, ambulatory surgical facility, office of a health care	40196
professional or associated group of health care professionals,	40197
training institution for health care professionals, or any other	40198
place where medical, dental, or other health-related diagnosis,	40199
care, or treatment is provided to a person.	40200

(5) "Health care professional" means any of the following who	40201
provide medical, dental, or other health-related diagnosis, care,	40202
or treatment:	40203

(a) Physicians authorized under Chapter 4731. of the Revised	40204
Code to practice medicine and surgery or osteopathic medicine and	40205
surgery;	40206

(b) Registered nurses and licensed practical nurses licensed	40207
under Chapter 4723. of the Revised Code and individuals who hold a	40208
certificate of authority issued under that chapter that authorizes	40209
the practice of nursing as a certified registered nurse	40210
anesthetist, clinical nurse specialist, certified nurse-midwife,	40211
or certified nurse practitioner;	40212

(c) Physician assistants authorized to practice under Chapter	40213
4730. of the Revised Code;	40214

(d) Dentists and dental hygienists licensed under Chapter	40215
4715. of the Revised Code;	40216

(e) Physical therapists, physical therapist assistants,	40217
occupational therapists, and occupational therapy assistants	40218
licensed under Chapter 4755. of the Revised Code;	40219

(f) Chiropractors licensed under Chapter 4734. of the Revised	40220
Code;	40221

(g) Optometrists licensed under Chapter 4725. of the Revised	40222
Code;	40223

(h) Podiatrists authorized under Chapter 4731. of the Revised	40224
Code to practice podiatry;	40225

(i) Dietitians licensed under Chapter 4759. of the Revised	40226
Code;	40227

(j) Pharmacists licensed under Chapter 4729. of the Revised	40228
Code;	40229

(k) Emergency medical technicians-basic, emergency medical	40230
technicians-intermediate, and emergency medical	40231
technicians-paramedic, certified under Chapter 4765. of the	40232
Revised Code;	40233

(l) Respiratory care professionals licensed under Chapter	40234
4761. of the Revised Code;	40235

(m) Speech-language pathologists and audiologists licensed	40236
under Chapter 4753. of the Revised Code.	40237

(6) "Health care worker" means a person other than a health	40238
care professional who provides medical, dental, or other	40239
health-related care or treatment under the direction of a health	40240
care professional with the authority to direct that individual's	40241
activities, including medical technicians, medical assistants,	40242
dental assistants, orderlies, aides, and individuals acting in	40243
similar capacities.	40244

(7) "Indigent and uninsured person" means a person who meets	40245
all of the following requirements:	40246

(a) The person's income is not greater than two hundred per	40247
cent of the current poverty line as defined by the United States	40248
office of management and budget and revised in accordance with	40249
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"	40250
95 Stat. 511, 42 U.S.C. 9902, as amended.	40251

(b) The person is not eligible to receive medical assistance	40252
under Chapter 5111. ~~disability medical assistance under Chapter~~	40253
~~5115.~~ of the Revised Code or assistance under any other	40254
governmental health care program.	40255

40256

(i) The person is not a policyholder, certificate holder,	40257
insured, contract holder, subscriber, enrollee, member,	40258
beneficiary, or other covered individual under a health insurance	40259
or health care policy, contract, or plan.	40260

(ii) The person is a policyholder, certificate holder,	40261
insured, contract holder, subscriber, enrollee, member,	40262
beneficiary, or other covered individual under a health insurance	40263
or health care policy, contract, or plan, but the insurer, policy,	40264
contract, or plan denies coverage or is the subject of insolvency	40265
or bankruptcy proceedings in any jurisdiction.	40266

(8) "Nonprofit health care referral organization" means an	40267
entity that is not operated for profit and refers patients to, or	40268
arranges for the provision of, health-related diagnosis, care, or	40269
treatment by a health care professional or health care worker.	40270

(9) "Operation" means any procedure that involves cutting or	40271
otherwise infiltrating human tissue by mechanical means, including	40272
surgery, laser surgery, ionizing radiation, therapeutic	40273
ultrasound, or the removal of intraocular foreign bodies.	40274
"Operation" does not include the administration of medication by	40275
injection, unless the injection is administered in conjunction	40276
with a procedure infiltrating human tissue by mechanical means	40277
other than the administration of medicine by injection.	40278
"Operation" does not include routine dental restorative	40279
procedures, the scaling of teeth, or extractions of teeth that are	40280
not impacted.	40281

(10) "Tort action" means a civil action for damages for	40282
injury, death, or loss to person or property other than a civil	40283
action for damages for a breach of contract or another agreement	40284
between persons or government entities.	40285

(11) "Volunteer" means an individual who provides any	40286
medical, dental, or other health-care related diagnosis, care, or	40287
treatment without the expectation of receiving and without receipt	40288
of any compensation or other form of remuneration from an indigent	40289
and uninsured person, another person on behalf of an indigent and	40290
uninsured person, any health care facility or location, any	40291
nonprofit health care referral organization, or any other person	40292
or government entity.	40293

(12) "Community control sanction" has the same meaning as in	40294
section 2929.01 of the Revised Code.	40295

(13) "Deep sedation" means a drug-induced depression of	40296
consciousness during which a patient cannot be easily aroused but	40297
responds purposefully following repeated or painful stimulation, a	40298
patient's ability to independently maintain ventilatory function	40299
may be impaired, a patient may require assistance in maintaining a	40300
patent airway and spontaneous ventilation may be inadequate, and	40301
cardiovascular function is usually maintained.	40302

(14) "General anesthesia" means a drug-induced loss of	40303
consciousness during which a patient is not arousable, even by	40304
painful stimulation, the ability to independently maintain	40305
ventilatory function is often impaired, a patient often requires	40306
assistance in maintaining a patent airway, positive pressure	40307
ventilation may be required because of depressed spontaneous	40308
ventilation or drug-induced depression of neuromuscular function,	40309
and cardiovascular function may be impaired.	40310

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	40311
health care professional who is a volunteer and complies with	40312
division (B)(2) of this section is not liable in damages to any	40313
person or government entity in a tort or other civil action,	40314
including an action on a medical, dental, chiropractic,	40315
optometric, or other health-related claim, for injury, death, or	40316
loss to person or property that allegedly arises from an action or	40317
omission of the volunteer in the provision to an indigent and	40318
uninsured person of medical, dental, or other health-related	40319
diagnosis, care, or treatment, including the provision of samples	40320
of medicine and other medical products, unless the action or	40321
omission constitutes willful or wanton misconduct.	40322

(2) To qualify for the immunity described in division (B)(1)	40323
of this section, a health care professional shall do all of the	40324
following prior to providing diagnosis, care, or treatment:	40325

(a) Determine, in good faith, that the indigent and uninsured	40326
person is mentally capable of giving informed consent to the	40327
provision of the diagnosis, care, or treatment and is not subject	40328
to duress or under undue influence;	40329

(b) Inform the person of the provisions of this section,	40330
including notifying the person that, by giving informed consent to	40331
the provision of the diagnosis, care, or treatment, the person	40332
cannot hold the health care professional liable for damages in a	40333
tort or other civil action, including an action on a medical,	40334
dental, chiropractic, optometric, or other health-related claim,	40335
unless the action or omission of the health care professional	40336
constitutes willful or wanton misconduct;	40337

(c) Obtain the informed consent of the person and a written	40338
waiver, signed by the person or by another individual on behalf of	40339
and in the presence of the person, that states that the person is	40340
mentally competent to give informed consent and, without being	40341
subject to duress or under undue influence, gives informed consent	40342
to the provision of the diagnosis, care, or treatment subject to	40343
the provisions of this section. A written waiver under division	40344
(B)(2)(c) of this section shall state clearly and in conspicuous	40345
type that the person or other individual who signs the waiver is	40346
signing it with full knowledge that, by giving informed consent to	40347
the provision of the diagnosis, care, or treatment, the person	40348
cannot bring a tort or other civil action, including an action on	40349
a medical, dental, chiropractic, optometric, or other	40350
health-related claim, against the health care professional unless	40351
the action or omission of the health care professional constitutes	40352
willful or wanton misconduct.	40353

(3) A physician or podiatrist who is not covered by medical	40354
malpractice insurance, but complies with division (B)(2) of this	40355
section, is not required to comply with division (A) of section	40356
4731.143 of the Revised Code.	40357

(C) Subject to divisions (F) and (G)(3) of this section,	40358
health care workers who are volunteers are not liable in damages	40359
to any person or government entity in a tort or other civil	40360
action, including an action upon a medical, dental, chiropractic,	40361
optometric, or other health-related claim, for injury, death, or	40362
loss to person or property that allegedly arises from an action or	40363
omission of the health care worker in the provision to an indigent	40364
and uninsured person of medical, dental, or other health-related	40365
diagnosis, care, or treatment, unless the action or omission	40366
constitutes willful or wanton misconduct.	40367

(D) Subject to divisions (F) and (G)(3) of this section, a	40368
nonprofit health care referral organization is not liable in	40369
damages to any person or government entity in a tort or other	40370
civil action, including an action on a medical, dental,	40371
chiropractic, optometric, or other health-related claim, for	40372
injury, death, or loss to person or property that allegedly arises	40373
from an action or omission of the nonprofit health care referral	40374
organization in referring indigent and uninsured persons to, or	40375
arranging for the provision of, medical, dental, or other	40376
health-related diagnosis, care, or treatment by a health care	40377
professional described in division (B)(1) of this section or a	40378
health care worker described in division (C) of this section,	40379
unless the action or omission constitutes willful or wanton	40380
misconduct.	40381

(E) Subject to divisions (F) and (G)(3) of this section and	40382
to the extent that the registration requirements of section	40383
3701.071 of the Revised Code apply, a health care facility or	40384
location associated with a health care professional described in	40385
division (B)(1) of this section, a health care worker described in	40386
division (C) of this section, or a nonprofit health care referral	40387
organization described in division (D) of this section is not	40388
liable in damages to any person or government entity in a tort or	40389
other civil action, including an action on a medical, dental,	40390
chiropractic, optometric, or other health-related claim, for	40391
injury, death, or loss to person or property that allegedly arises	40392
from an action or omission of the health care professional or	40393
worker or nonprofit health care referral organization relative to	40394
the medical, dental, or other health-related diagnosis, care, or	40395
treatment provided to an indigent and uninsured person on behalf	40396
of or at the health care facility or location, unless the action	40397
or omission constitutes willful or wanton misconduct.	40398

(F)(1) Except as provided in division (F)(2) of this section,	40399
the immunities provided by divisions (B), (C), (D), and (E) of	40400
this section are not available to a health care professional,	40401
health care worker, nonprofit health care referral organization,	40402
or health care facility or location if, at the time of an alleged	40403
injury, death, or loss to person or property, the health care	40404
professionals or health care workers involved are providing one of	40405
the following:	40406

(a) Any medical, dental, or other health-related diagnosis,	40407
care, or treatment pursuant to a community service work order	40408
entered by a court under division (B) of section 2951.02 of the	40409
Revised Code or imposed by a court as a community control	40410
sanction;	40411

(b) Performance of an operation to which any one of the	40412
following applies:	40413

(i) The operation requires the administration of deep	40414
sedation or general anesthesia.	40415

(ii) The operation is a procedure that is not typically	40416
performed in an office.	40417

(iii) The individual involved is a health care professional,	40418
and the operation is beyond the scope of practice or the	40419
education, training, and competence, as applicable, of the health	40420
care professional.	40421

(c) Delivery of a baby or any other purposeful termination of	40422
a human pregnancy.	40423

(2) Division (F)(1) of this section does not apply when a	40424
health care professional or health care worker provides medical,	40425
dental, or other health-related diagnosis, care, or treatment that	40426
is necessary to preserve the life of a person in a medical	40427
emergency.	40428

(G)(1) This section does not create a new cause of action or	40429
substantive legal right against a health care professional, health	40430
care worker, nonprofit health care referral organization, or	40431
health care facility or location.	40432

(2) This section does not affect any immunities from civil	40433
liability or defenses established by another section of the	40434
Revised Code or available at common law to which a health care	40435
professional, health care worker, nonprofit health care referral	40436
organization, or health care facility or location may be entitled	40437
in connection with the provision of emergency or other medical,	40438
dental, or other health-related diagnosis, care, or treatment.	40439

(3) This section does not grant an immunity from tort or	40440
other civil liability to a health care professional, health care	40441
worker, nonprofit health care referral organization, or health	40442
care facility or location for actions that are outside the scope	40443
of authority of health care professionals or health care workers.	40444

(4) This section does not affect any legal responsibility of	40445
a health care professional, health care worker, or nonprofit	40446
health care referral organization to comply with any applicable	40447
law of this state or rule of an agency of this state.	40448

(5) This section does not affect any legal responsibility of	40449
a health care facility or location to comply with any applicable	40450
law of this state, rule of an agency of this state, or local code,	40451
ordinance, or regulation that pertains to or regulates building,	40452
housing, air pollution, water pollution, sanitation, health, fire,	40453
zoning, or safety.	40454

Sec. 2317.422. (A) Notwithstanding sections 2317.40 and	40455
2317.41 of the Revised Code but subject to division (B) of this	40456
section, the records, or copies or photographs of the records, of	40457
a hospital, homes required to be licensed pursuant to section	40458
3721.01 of the Revised Code, and of adult care facilities required	40459
to be licensed pursuant to Chapter 3722. of the Revised Code, ~~and~~	40460
~~community alternative homes licensed pursuant to section 3724.03~~	40461
~~of the Revised Code,~~ in lieu of the testimony in open court of	40462
their custodian, person who made them, or person under whose	40463
supervision they were made, may be qualified as authentic evidence	40464
if any such person endorses thereon the person's verified	40465
certification identifying such records, giving the mode and time	40466
of their preparation, and stating that they were prepared in the	40467
usual course of the business of the institution. Such records,	40468
copies, or photographs may not be qualified by certification as	40469
provided in this section unless the party intending to offer them	40470
delivers a copy of them, or of their relevant portions, to the	40471
attorney of record for each adverse party not less than five days	40472
before trial. Nothing in this section shall be construed to limit	40473
the right of any party to call the custodian, person who made such	40474
records, or person under whose supervision they were made, as a	40475
witness.	40476

(B) Division (A) of this section does not apply to any	40477
certified copy of the results of any test given to determine the	40478
presence or concentration of alcohol, a drug of abuse, a	40479
combination of them, a controlled substance, or a metabolite of a	40480
controlled substance in a patient's whole blood, blood serum or	40481
plasma, breath, or urine at any time relevant to a criminal	40482
offense that is submitted in a criminal action or proceeding in	40483
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02	40484
of the Revised Code.	40485

Sec. 2503.17. ~~(A) Except as provided in division (B) and~~	40486
~~subject to division (C) of this section, the~~The clerk of the	40487
supreme court shall charge and collect ~~forty~~one hundred dollars,	40488
as a filing fee, for each case entered upon the ~~minute book,~~	40489
~~including, but not limited to, original actions in the court,~~	40490
~~appeals filed as of right, and cases certified by the courts of~~	40491
~~appeals for review on the ground of conflict of decisions; and for~~	40492
~~each motion to certify the record of a court of appeals or for~~	40493
~~leave to file a notice of appeal in criminal cases~~docket. The	40494
filing fees so charged and collected shall be in full for	40495
~~docketing the cases or motions, making dockets from term to term,~~	40496
~~indexing and entering appearances, issuing process, filing papers,~~	40497
~~entering rules, motions, orders, continuances, decrees, and~~	40498
~~judgments, making lists of causes on the regular docket for~~	40499
~~publication each year, making and certifying orders, decrees, and~~	40500
~~judgments of the court to other tribunals, and the issuing of~~	40501
~~mandates. Except as provided in division (B) of this section, the~~	40502
each case filed in the supreme court under the Rules of Practice	40503
of the Supreme Court. The party invoking the action of the court	40504
shall pay the filing fee to the clerk before the case ~~or motion~~ is	40505
docketed, and it shall be taxed as costs and recovered from the	40506
other party if the party invoking the action of the court	40507
succeeds, unless the court otherwise directs.	40508

~~(B)(1) As used in this division, "prosecutor" has the same~~	40509
~~meaning as in section 2935.01 of the Revised Code.~~	40510

~~(2) The clerk of the supreme court shall not charge to and~~	40511
~~collect from a prosecutor the forty-dollar filing fee prescribed~~	40512
~~by division (A) of this section when all of the following~~	40513
~~circumstances apply:~~	40514

~~(a) In accordance with the Rules of Practice of the Supreme~~	40515
~~Court of Ohio, an indigent defendant in a criminal action or~~	40516
~~proceeding files in the appropriate court of appeals a notice of~~	40517
~~appeal within thirty days from the date of the entry of the~~	40518
~~judgment or final order that is the subject of the appeal.~~	40519

~~(b) The indigent defendant fails to file or offer for filing~~	40520
~~in the supreme court within thirty days from the date of the~~	40521
~~filing of the notice of appeal in the court of appeals, a copy of~~	40522
~~the notice of appeal supported by a memorandum in support of~~	40523
~~jurisdiction and other documentation and information as required~~	40524
~~by the Rules of Practice of the Supreme Court of Ohio.~~	40525

~~(c) The prosecutor or a representative of the prosecutor~~	40526
~~associated with the criminal action or proceeding files a motion~~	40527
~~to docket and dismiss the appeal of the indigent defendant for~~	40528
~~lack of prosecution as authorized by the Rules of Practice of the~~	40529
~~Supreme Court of Ohio.~~	40530

~~(d) The prosecutor states in the motion that the forty-dollar~~	40531
~~filing fee does not accompany the motion because of the~~	40532
~~applicability of this division, and the clerk of the supreme court~~	40533
~~determines that this division applies.~~No filing fee or security	40534
deposit shall be charged to an indigent party upon determination	40535
of indigency by the supreme court pursuant to the Rules of	40536
Practice of the Supreme Court.	40537

Sec. 2505.09. Except as provided in section 2505.11 or	40538
2505.12 or another section of the Revised Code or in applicable	40539
rules governing courts, the perfection of an appeal, including an	40540
administrative-related appeal, does not operate as a stay of	40541
execution until a stay of execution has been obtained pursuant to	40542
the Rules of Appellate Procedure or in another applicable manner,	40543
and a supersedeas bond is executed by the appellant to the	40544
appellee, with sufficient sureties and, subject to section	40545
2505.122 of the Revised Code, in a sum that is not less than, if	40546
applicable, the cumulative total for all claims covered by the	40547
final order, judgment, or decree and interest involved, except	40548
that the bond shall not exceed fifty million dollars excluding	40549
interest and costs, as directed by the court that rendered the	40550
final order, judgment, or decree that is sought to be superseded	40551
or by the court to which the appeal is taken. That bond shall be	40552
conditioned as provided in section 2505.14 of the Revised Code.	40553

Sec. 2505.12. An appellant is not required to give a	40554
supersedeas bond in connection with any of the following:	40555

(A) AnPerfection of an appeal by any of the following:

40556

(1) An executor, administrator, guardian, receiver, trustee,	40557
or trustee in bankruptcy who is acting in that person's trust	40558
capacity and who has given bond in this state, with surety	40559
according to law;	40560

(2) The state or any political subdivision of the state;

40561

(3) Any public officer of the state or of any of its	40562
political subdivisions who is suing or is sued solely in the	40563
public officer's representative capacity as that officer.	40564

(B) AnPerfection of an administrative-related appeal of a	40565
final order that is not for the payment of money.	40566

Sec. 2505.122. An appellant who obtains a stay of execution	40567
pending the appeal of a final order, adjudication, or decision	40568
pursuant to section 2506.01 of the Revised Code shall	40569
simultaneously execute a supersedeas bond to the appellee, with	40570
sufficient sureties and in a sum that is equal to the cost of	40571
delay, increased cost of construction, legal expenses, loss of	40572
anticipated revenues, or the reasonable value of the matter at	40573
issue in the final order, adjudication, or decision, including any	40574
reasonable investment-backed expectations of the appellee. That	40575
bond shall be conditioned as provided in section 2505.14 of the	40576
Revised Code.	40577

Sec. 2743.51. As used in sections 2743.51 to 2743.72 of the	40578
Revised Code:	40579

(A) "Claimant" means both of the following categories of	40580
persons:	40581

(1) Any of the following persons who claim an award of	40582
reparations under sections 2743.51 to 2743.72 of the Revised Code:	40583

(a) A victim who was one of the following at the time of the	40584
criminally injurious conduct:	40585

(i) A resident of the United States;

40586

(ii) A resident of a foreign country the laws of which permit	40587
residents of this state to recover compensation as victims of	40588
offenses committed in that country.	40589

(b) A dependent of a deceased victim who is described in	40590
division (A)(1)(a) of this section;	40591

(c) A third person, other than a collateral source, who	40592
legally assumes or voluntarily pays the obligations of a victim,	40593
or of a dependent of a victim, who is described in division	40594
(A)(1)(a) of this section, which obligations are incurred as a	40595
result of the criminally injurious conduct that is the subject of	40596
the claim and may include, but are not limited to, medical or	40597
burial expenses;	40598

(d) A person who is authorized to act on behalf of any person	40599
who is described in division (A)(1)(a), (b), or (c) of this	40600
section;	40601

(e) The estate of a deceased victim who is described in	40602
division (A)(1)(a) of this section.	40603

(2) Any of the following persons who claim an award of	40604
reparations under sections 2743.51 to 2743.72 of the Revised Code:	40605

(a) A victim who had a permanent place of residence within	40606
this state at the time of the criminally injurious conduct and	40607
who, at the time of the criminally injurious conduct, complied	40608
with any one of the following:	40609

(i) Had a permanent place of employment in this state;

40610

(ii) Was a member of the regular armed forces of the United	40611
States or of the United States coast guard or was a full-time	40612
member of the Ohio organized militia or of the United States army	40613
reserve, naval reserve, or air force reserve;	40614

(iii) Was retired and receiving social security or any other	40615
retirement income;	40616

(iv) Was sixty years of age or older;

40617

(v) Was temporarily in another state for the purpose of	40618
receiving medical treatment;	40619

(vi) Was temporarily in another state for the purpose of	40620
performing employment-related duties required by an employer	40621
located within this state as an express condition of employment or	40622
employee benefits;	40623

(vii) Was temporarily in another state for the purpose of	40624
receiving occupational, vocational, or other job-related training	40625
or instruction required by an employer located within this state	40626
as an express condition of employment or employee benefits;	40627

(viii) Was a full-time student at an academic institution,	40628
college, or university located in another state;	40629

(ix) Had not departed the geographical boundaries of this	40630
state for a period exceeding thirty days or with the intention of	40631
becoming a citizen of another state or establishing a permanent	40632
place of residence in another state.	40633

(b) A dependent of a deceased victim who is described in	40634
division (A)(2)(a) of this section;	40635

(c) A third person, other than a collateral source, who	40636
legally assumes or voluntarily pays the obligations of a victim,	40637
or of a dependent of a victim, who is described in division	40638
(A)(2)(a) of this section, which obligations are incurred as a	40639
result of the criminally injurious conduct that is the subject of	40640
the claim and may include, but are not limited to, medical or	40641
burial expenses;	40642

(d) A person who is authorized to act on behalf of any person	40643
who is described in division (A)(2)(a), (b), or (c) of this	40644
section;	40645

(e) The estate of a deceased victim who is described in	40646
division (A)(2)(a) of this section.	40647

(B) "Collateral source" means a source of benefits or	40648
advantages for economic loss otherwise reparable that the victim	40649
or claimant has received, or that is readily available to the	40650
victim or claimant, from any of the following sources:	40651

(1) The offender;

40652

(2) The government of the United States or any of its	40653
agencies, a state or any of its political subdivisions, or an	40654
instrumentality of two or more states, unless the law providing	40655
for the benefits or advantages makes them excess or secondary to	40656
benefits under sections 2743.51 to 2743.72 of the Revised Code;	40657

(3) Social security, medicare, and medicaid;

40658

(4) State-required, temporary, nonoccupational disability	40659
insurance;	40660

(5) Workers' compensation;

40661

(6) Wage continuation programs of any employer;

40662

(7) Proceeds of a contract of insurance payable to the victim	40663
for loss that the victim sustained because of the criminally	40664
injurious conduct;	40665

(8) A contract providing prepaid hospital and other health	40666
care services, or benefits for disability;	40667

(9) That portion of the proceeds of all contracts of	40668
insurance payable to the claimant on account of the death of the	40669
victim that exceeds fifty thousand dollars;	40670

(10) Any compensation recovered or recoverable under the laws	40671
of another state, district, territory, or foreign country because	40672
the victim was the victim of an offense committed in that state,	40673
district, territory, or country.	40674

"Collateral source" does not include any money, or the	40675
monetary value of any property, that is subject to sections	40676
2969.01 to 2969.06 of the Revised Code or that is received as a	40677
benefit from the Ohio public safety officers death benefit fund	40678
created by section 742.62 of the Revised Code.	40679

(C) "Criminally injurious conduct" means one of the	40680
following:	40681

(1) For the purposes of any person described in division	40682
(A)(1) of this section, any conduct that occurs or is attempted in	40683
this state; poses a substantial threat of personal injury or	40684
death; and is punishable by fine, imprisonment, or death, or would	40685
be so punishable but for the fact that the person engaging in the	40686
conduct lacked capacity to commit the crime under the laws of this	40687
state. Criminally injurious conduct does not include conduct	40688
arising out of the ownership, maintenance, or use of a motor	40689
vehicle, except when any of the following applies:	40690

(a) The person engaging in the conduct intended to cause	40691
personal injury or death;	40692

(b) The person engaging in the conduct was using the vehicle	40693
to flee immediately after committing a felony or an act that would	40694
constitute a felony but for the fact that the person engaging in	40695
the conduct lacked the capacity to commit the felony under the	40696
laws of this state;	40697

(c) The person engaging in the conduct was using the vehicle	40698
in a manner that constitutes an OVI violation;	40699

(d) The conduct occurred on or after July 25, 1990, and the	40700
person engaging in the conduct was using the vehicle in a manner	40701
that constitutes a violation of section 2903.08 of the Revised	40702
Code;	40703

(e) The person engaging in the conduct acted in a manner that	40704
caused serious physical harm to a person and that constituted a	40705
violation of section 4549.02 or 4549.021 of the Revised Code.	40706

(2) For the purposes of any person described in division	40707
(A)(2) of this section, any conduct that occurs or is attempted in	40708
another state, district, territory, or foreign country; poses a	40709
substantial threat of personal injury or death; and is punishable	40710
by fine, imprisonment, or death, or would be so punishable but for	40711
the fact that the person engaging in the conduct lacked capacity	40712
to commit the crime under the laws of the state, district,	40713
territory, or foreign country in which the conduct occurred or was	40714
attempted. Criminally injurious conduct does not include conduct	40715
arising out of the ownership, maintenance, or use of a motor	40716
vehicle, except when any of the following applies:	40717

(a) The person engaging in the conduct intended to cause	40718
personal injury or death;	40719

(b) The person engaging in the conduct was using the vehicle	40720
to flee immediately after committing a felony or an act that would	40721
constitute a felony but for the fact that the person engaging in	40722
the conduct lacked the capacity to commit the felony under the	40723
laws of the state, district, territory, or foreign country in	40724
which the conduct occurred or was attempted;	40725

(c) The person engaging in the conduct was using the vehicle	40726
in a manner that constitutes an OVI violation;	40727

(d) The conduct occurred on or after July 25, 1990, the	40728
person engaging in the conduct was using the vehicle in a manner	40729
that constitutes a violation of any law of the state, district,	40730
territory, or foreign country in which the conduct occurred, and	40731
that law is substantially similar to a violation of section	40732
2903.08 of the Revised Code;	40733

(e) The person engaging in the conduct acted in a manner that	40734
caused serious physical harm to a person and that constituted a	40735
violation of any law of the state, district, territory, or foreign	40736
country in which the conduct occurred, and that law is	40737
substantially similar to section 4549.02 or 4549.021 of the	40738
Revised Code.	40739

(3) For the purposes of any person described in division	40740
(A)(1) or (2) of this section, terrorism that occurs within or	40741
outside the territorial jurisdiction of the United States.	40742

(D) "Dependent" means an individual wholly or partially	40743
dependent upon the victim for care and support, and includes a	40744
child of the victim born after the victim's death.	40745

(E) "Economic loss" means economic detriment consisting only	40746
of allowable expense, work loss, funeral expense, unemployment	40747
benefits loss, replacement services loss, cost of crime scene	40748
cleanup, and cost of evidence replacement. If criminally injurious	40749
conduct causes death, economic loss includes a dependent's	40750
economic loss and a dependent's replacement services loss.	40751
Noneconomic detriment is not economic loss; however, economic loss	40752
may be caused by pain and suffering or physical impairment.	40753

(F)(1) "Allowable expense" means reasonable charges incurred	40754
for reasonably needed products, services, and accommodations,	40755
including those for medical care, rehabilitation, rehabilitative	40756
occupational training, and other remedial treatment and care and	40757
including replacement costs for eyeglasses and other corrective	40758
lenses. It does not include that portion of a charge for a room in	40759
a hospital, clinic, convalescent home, nursing home, or any other	40760
institution engaged in providing nursing care and related services	40761
in excess of a reasonable and customary charge for semiprivate	40762
accommodations, unless accommodations other than semiprivate	40763
accommodations are medically required.	40764

(2) An immediate family member of a victim of criminally	40765
injurious conduct that consists of a homicide, a sexual assault,	40766
domestic violence, or a severe and permanent incapacitating injury	40767
resulting in paraplegia or a similar life-altering condition, who	40768
requires psychiatric care or counseling as a result of the	40769
criminally injurious conduct, may be reimbursed for that care or	40770
counseling as an allowable expense through the victim's	40771
application. The cumulative allowable expense for care or	40772
counseling of that nature shall not exceed two thousand five	40773
hundred dollars for each immediate family member of a victim of	40774
that type and seven thousand five hundred dollars in the aggregate	40775
for all immediate family members of a victim of that type.	40776

(3) A family member of a victim who died as a proximate	40777
result of criminally injurious conduct may be reimbursed as an	40778
allowable expense through the victim's application for wages lost	40779
and travel expenses incurred in order to attend criminal justice	40780
proceedings arising from the criminally injurious conduct. The	40781
cumulative allowable expense for wages lost and travel expenses	40782
incurred by a family member to attend criminal justice proceedings	40783
shall not exceed five hundred dollars for each family member of	40784
the victim and two thousand dollars in the aggregate for all	40785
family members of the victim.	40786

(4) "Allowable expense" includes attorney's fees not	40787
exceeding ~~two~~one thousand ~~five~~three hundred twenty dollars, at a	40788
rate not exceeding ~~one hundred fifty~~sixty dollars per hour,	40789
incurred to successfully obtain a restraining order, custody	40790
order, or other order to physically separate a victim from an	40791
offender, if the attorney has not received payment under section	40792
2743.65 of the Revised Code for assisting a claimant with an	40793
application for an award of reparations under sections 2743.51 to	40794
2743.72 of the Revised Code and provided that, except as otherwise	40795
provided in this division, the attorney or the attorney's law firm	40796
may only receive attorney's fees as an allowable expense for the	40797
services described in this division in an amount that does not	40798
exceed a cumulative total of thirty thousand dollars in any	40799
calendar year. The thirty thousand-dollar maximum specified in	40800
this division does not apply to an attorney who is an employee of	40801
a legal aid society regarding the services described in this	40802
division that the attorney performs while so employed and does not	40803
apply to a legal aid society. Attorney's fees for the services	40804
described in this division may include an amount for reasonable	40805
travel time incurred while performing those services, assessed at	40806
a rate not exceeding thirty dollars per hour.	40807

(G) "Work loss" means loss of income from work that the	40808
injured person would have performed if the person had not been	40809
injured and expenses reasonably incurred by the person to obtain	40810
services in lieu of those the person would have performed for	40811
income, reduced by any income from substitute work actually	40812
performed by the person, or by income the person would have earned	40813
in available appropriate substitute work that the person was	40814
capable of performing but unreasonably failed to undertake.	40815

(H) "Replacement services loss" means expenses reasonably	40816
incurred in obtaining ordinary and necessary services in lieu of	40817
those the injured person would have performed, not for income, but	40818
for the benefit of the person's self or family, if the person had	40819
not been injured.	40820

(I) "Dependent's economic loss" means loss after a victim's	40821
death of contributions of things of economic value to the victim's	40822
dependents, not including services they would have received from	40823
the victim if the victim had not suffered the fatal injury, less	40824
expenses of the dependents avoided by reason of the victim's	40825
death. If a minor child of a victim is adopted after the victim's	40826
death, the minor child continues after the adoption to incur a	40827
dependent's economic loss as a result of the victim's death. If	40828
the surviving spouse of a victim remarries, the surviving spouse	40829
continues after the remarriage to incur a dependent's economic	40830
loss as a result of the victim's death.	40831

(J) "Dependent's replacement services loss" means loss	40832
reasonably incurred by dependents after a victim's death in	40833
obtaining ordinary and necessary services in lieu of those the	40834
victim would have performed for their benefit if the victim had	40835
not suffered the fatal injury, less expenses of the dependents	40836
avoided by reason of the victim's death and not subtracted in	40837
calculating the dependent's economic loss. If a minor child of a	40838
victim is adopted after the victim's death, the minor child	40839
continues after the adoption to incur a dependent's replacement	40840
services loss as a result of the victim's death. If the surviving	40841
spouse of a victim remarries, the surviving spouse continues after	40842
the remarriage to incur a dependent's replacement services loss as	40843
a result of the victim's death.	40844

(K) "Noneconomic detriment" means pain, suffering,	40845
inconvenience, physical impairment, or other nonpecuniary damage.	40846

(L) "Victim" means a person who suffers personal injury or	40847
death as a result of any of the following:	40848

(1) Criminally injurious conduct;

40849

(2) The good faith effort of any person to prevent criminally	40850
injurious conduct;	40851

(3) The good faith effort of any person to apprehend a person	40852
suspected of engaging in criminally injurious conduct.	40853

(M) "Contributory misconduct" means any conduct of the	40854
claimant or of the victim through whom the claimant claims an	40855
award of reparations that is unlawful or intentionally tortious	40856
and that, without regard to the conduct's proximity in time or	40857
space to the criminally injurious conduct, has a causal	40858
relationship to the criminally injurious conduct that is the basis	40859
of the claim.	40860

(N)(1) "Funeral expense" means any reasonable charges that	40861
are not in excess of seven thousand five hundred dollars per	40862
funeral and that are incurred for expenses directly related to a	40863
victim's funeral, cremation, or burial and any wages lost or	40864
travel expenses incurred by a family member of a victim in order	40865
to attend the victim's funeral, cremation, or burial.	40866

(2) An award for funeral expenses shall be applied first to	40867
expenses directly related to the victim's funeral, cremation, or	40868
burial. An award for wages lost or travel expenses incurred by a	40869
family member of the victim shall not exceed five hundred dollars	40870
for each family member and shall not exceed in the aggregate the	40871
difference between seven thousand five hundred dollars and	40872
expenses that are reimbursed by the program and that are directly	40873
related to the victim's funeral, cremation, or burial.	40874

(O) "Unemployment benefits loss" means a loss of unemployment	40875
benefits pursuant to Chapter 4141. of the Revised Code when the	40876
loss arises solely from the inability of a victim to meet the able	40877
to work, available for suitable work, or the actively seeking	40878
suitable work requirements of division (A)(4)(a) of section	40879
4141.29 of the Revised Code.	40880

(P) "OVI violation" means any of the following:

40881

(1) A violation of section 4511.19 of the Revised Code, of	40882
any municipal ordinance prohibiting the operation of a vehicle	40883
while under the influence of alcohol, a drug of abuse, or a	40884
combination of them, or of any municipal ordinance prohibiting the	40885
operation of a vehicle with a prohibited concentration of alcohol,	40886
a controlled substance, or a metabolite of a controlled substance	40887
in the whole blood, blood serum or plasma, breath, or urine;	40888

(2) A violation of division (A)(1) of section 2903.06 of the	40889
Revised Code;	40890

(3) A violation of division (A)(2), (3), or (4) of section	40891
2903.06 of the Revised Code or of a municipal ordinance	40892
substantially similar to any of those divisions, if the offender	40893
was under the influence of alcohol, a drug of abuse, or a	40894
combination of them, at the time of the commission of the offense;	40895

(4) For purposes of any person described in division (A)(2)	40896
of this section, a violation of any law of the state, district,	40897
territory, or foreign country in which the criminally injurious	40898
conduct occurred, if that law is substantially similar to a	40899
violation described in division (P)(1) or (2) of this section or	40900
if that law is substantially similar to a violation described in	40901
division (P)(3) of this section and the offender was under the	40902
influence of alcohol, a drug of abuse, or a combination of them,	40903
at the time of the commission of the offense.	40904

(Q) "Pendency of the claim" for an original reparations	40905
application or supplemental reparations application means the	40906
period of time from the date the criminally injurious conduct upon	40907
which the application is based occurred until the date a final	40908
decision, order, or judgment concerning that original reparations	40909
application or supplemental reparations application is issued.	40910

(R) "Terrorism" means any activity to which all of the	40911
following apply:	40912

(1) The activity involves a violent act or an act that is	40913
dangerous to human life.	40914

(2) The act described in division (R)(1) of this section is	40915
committed within the territorial jurisdiction of the United States	40916
and is a violation of the criminal laws of the United States, this	40917
state, or any other state or the act described in division (R)(1)	40918
of this section is committed outside the territorial jurisdiction	40919
of the United States and would be a violation of the criminal laws	40920
of the United States, this state, or any other state if committed	40921
within the territorial jurisdiction of the United States.	40922

(3) The activity appears to be intended to do any of the	40923
following:	40924

(a) Intimidate or coerce a civilian population;

40925

(b) Influence the policy of any government by intimidation or	40926
coercion;	40927

(c) Affect the conduct of any government by assassination or	40928
kidnapping.	40929

(4) The activity occurs primarily outside the territorial	40930
jurisdiction of the United States or transcends the national	40931
boundaries of the United States in terms of the means by which the	40932
activity is accomplished, the person or persons that the activity	40933
appears intended to intimidate or coerce, or the area or locale in	40934
which the perpetrator or perpetrators of the activity operate or	40935
seek asylum.	40936

(S) "Transcends the national boundaries of the United States"	40937
means occurring outside the territorial jurisdiction of the United	40938
States in addition to occurring within the territorial	40939
jurisdiction of the United States.	40940

(T) "Cost of crime scene cleanup" means reasonable and	40941
necessary costs of cleaning the scene and repairing, for the	40942
purpose of personal security, property damaged at the scene where	40943
the criminally injurious conduct occurred, not to exceed seven	40944
hundred fifty dollars in the aggregate per claim.	40945

(U) "Cost of evidence replacement" means costs for	40946
replacement of property confiscated for evidentiary purposes	40947
related to the criminally injurious conduct, not to exceed seven	40948
hundred fifty dollars in the aggregate per claim.	40949

(V) "Provider" means any person who provides a victim or	40950
claimant with a product, service, or accommodations that are an	40951
allowable expense or a funeral expense.	40952

(W) "Immediate family member" means an individual who resided	40953
in the same permanent household as a victim at the time of the	40954
criminally injurious conduct and who is related to the victim by	40955
affinity or consanguinity.	40956

(X) "Family member" means an individual who is related to a	40957
victim by affinity or consanguinity.	40958

Sec. 2744.05. Notwithstanding any other provisions of the	40959
Revised Code or rules of a court to the contrary, in an action	40960
against a political subdivision to recover damages for injury,	40961
death, or loss to person or property caused by an act or omission	40962
in connection with a governmental or proprietary function:	40963

(A) Punitive or exemplary damages shall not be awarded.

40964

(B)(1) If a claimant receives or is entitled to receive	40965
benefits for injuries or loss allegedly incurred from a policy or	40966
policies of insurance or any other source, the benefits shall be	40967
disclosed to the court, and the amount of the benefits shall be	40968
deducted from any award against a political subdivision recovered	40969
by that claimant. No insurer or other person is entitled to bring	40970
an action under a subrogation provision in an insurance or other	40971
contract against a political subdivision with respect to those	40972
benefits.	40973

The amount of the benefits shall be deducted from an award	40974
against a political subdivision under division (B)(1) of this	40975
section regardless of whether the claimant may be under an	40976
obligation to pay back the benefits upon recovery, in whole or in	40977
part, for the claim. A claimant whose benefits have been deducted	40978
from an award under division (B)(1) of this section is not	40979
considered fully compensated and shall not be required to	40980
reimburse a subrogated claim for benefits deducted from an award	40981
pursuant to division (B)(1) of this section.	40982

(2) Nothing in division (B)(1) of this section shall be	40983
construed to do either of the following:	40984

(a) Limit the rights of a beneficiary under a life insurance	40985
policy or the rights of sureties under fidelity or surety bonds;	40986

(b) Prohibit the department of job and family services from	40987
recovering from the political subdivision, pursuant to section	40988
5101.58 of the Revised Code, the cost of medical assistance	40989
benefits provided under sections 5101.5211 to 5101.5216 or Chapter	40990
5107., or 5111.~~, or 5115.~~ of the Revised Code.	40991

(C)(1) There shall not be any limitation on compensatory	40992
damages that represent the actual loss of the person who is	40993
awarded the damages. However, except in wrongful death actions	40994
brought pursuant to Chapter 2125. of the Revised Code, damages	40995
that arise from the same cause of action, transaction or	40996
occurrence, or series of transactions or occurrences and that do	40997
not represent the actual loss of the person who is awarded the	40998
damages shall not exceed two hundred fifty thousand dollars in	40999
favor of any one person. The limitation on damages that do not	41000
represent the actual loss of the person who is awarded the damages	41001
provided in this division does not apply to court costs that are	41002
awarded to a plaintiff, or to interest on a judgment rendered in	41003
favor of a plaintiff, in an action against a political	41004
subdivision.	41005

(2) As used in this division, "the actual loss of the person	41006
who is awarded the damages" includes all of the following:	41007

(a) All wages, salaries, or other compensation lost by the	41008
person injured as a result of the injury, including wages,	41009
salaries, or other compensation lost as of the date of a judgment	41010
and future expected lost earnings of the person injured;	41011

(b) All expenditures of the person injured or another person	41012
on behalf of the person injured for medical care or treatment, for	41013
rehabilitation services, or for other care, treatment, services,	41014
products, or accommodations that were necessary because of the	41015
injury;	41016

(c) All expenditures to be incurred in the future, as	41017
determined by the court, by the person injured or another person	41018
on behalf of the person injured for medical care or treatment, for	41019
rehabilitation services, or for other care, treatment, services,	41020
products, or accommodations that will be necessary because of the	41021
injury;	41022

(d) All expenditures of a person whose property was injured	41023
or destroyed or of another person on behalf of the person whose	41024
property was injured or destroyed in order to repair or replace	41025
the property that was injured or destroyed;	41026

(e) All expenditures of the person injured or of the person	41027
whose property was injured or destroyed or of another person on	41028
behalf of the person injured or of the person whose property was	41029
injured or destroyed in relation to the actual preparation or	41030
presentation of the claim involved;	41031

(f) Any other expenditures of the person injured or of the	41032
person whose property was injured or destroyed or of another	41033
person on behalf of the person injured or of the person whose	41034
property was injured or destroyed that the court determines	41035
represent an actual loss experienced because of the personal or	41036
property injury or property loss.	41037

"The actual loss of the person who is awarded the damages"	41038
does not include any fees paid or owed to an attorney for any	41039
services rendered in relation to a personal or property injury or	41040
property loss, and does not include any damages awarded for pain	41041
and suffering, for the loss of society, consortium, companionship,	41042
care, assistance, attention, protection, advice, guidance,	41043
counsel, instruction, training, or education of the person	41044
injured, for mental anguish, or for any other intangible loss.	41045

Sec. 2903.214. (A) As used in this section:

41046

(1) "Court" means the court of common pleas of the county in	41047
which the person to be protected by the protection order resides.	41048

(2) "Victim advocate" means a person who provides support and	41049
assistance for a person who files a petition under this section.	41050

(3) "Family or household member" has the same meaning as in	41051
section 3113.31 of the Revised Code.	41052

(4) "Protection order issued by a court of another state" has	41053
the same meaning as in section 2919.27 of the Revised Code.	41054

(5) "Sexually oriented offense" has the same meaning as in	41055
section 2950.01 of the Revised Code.	41056

(6) "Electronic monitoring" has the same meaning as in	41057
section 2929.01 of the Revised Code.	41058

(B) The court has jurisdiction over all proceedings under	41059
this section.	41060

(C) A person may seek relief under this section for the	41061
person, or any parent or adult household member may seek relief	41062
under this section on behalf of any other family or household	41063
member, by filing a petition with the court. The petition shall	41064
contain or state all of the following:	41065

(1) An allegation that the respondent engaged in a violation	41066
of section 2903.211 of the Revised Code against the person to be	41067
protected by the protection order or committed a sexually oriented	41068
offense against the person to be protected by the protection	41069
order, including a description of the nature and extent of the	41070
violation;	41071

(2) If the petitioner seeks relief in the form of electronic	41072
monitoring of the respondent, an allegation that at any time	41073
preceding the filing of the petition the respondent engaged in	41074
conduct that would cause a reasonable person to believe that the	41075
health, welfare, or safety of the person to be protected was at	41076
risk, a description of the nature and extent of that conduct, and	41077
an allegation that the respondent presents a continuing danger to	41078
the person to be protected;	41079

(3) A request for relief under this section.

41080

(D)(1) If a person who files a petition pursuant to this	41081
section requests an ex parte order, the court shall hold an ex	41082
parte hearing as soon as possible after the petition is filed, but	41083
not later than the next day that the court is in session after the	41084
petition is filed. The court, for good cause shown at the ex	41085
parte hearing, may enter any temporary orders, with or without	41086
bond, that the court finds necessary for the safety and protection	41087
of the person to be protected by the order. Immediate and present	41088
danger to the person to be protected by the protection order	41089
constitutes good cause for purposes of this section. Immediate and	41090
present danger includes, but is not limited to, situations in	41091
which the respondent has threatened the person to be protected by	41092
the protection order with bodily harm or in which the respondent	41093
previously has been convicted of or pleaded guilty to a violation	41094
of section 2903.211 of the Revised Code or a sexually oriented	41095
offense against the person to be protected by the protection	41096
order.	41097

(2)(a) If the court, after an ex parte hearing, issues a	41098
protection order described in division (E) of this section, the	41099
court shall schedule a full hearing for a date that is within ten	41100
court days after the ex parte hearing. The court shall give the	41101
respondent notice of, and an opportunity to be heard at, the full	41102
hearing. The court shall hold the full hearing on the date	41103
scheduled under this division unless the court grants a	41104
continuance of the hearing in accordance with this division. Under	41105
any of the following circumstances or for any of the following	41106
reasons, the court may grant a continuance of the full hearing to	41107
a reasonable time determined by the court:	41108

(i) Prior to the date scheduled for the full hearing under	41109
this division, the respondent has not been served with the	41110
petition filed pursuant to this section and notice of the full	41111
hearing.	41112

(ii) The parties consent to the continuance.

41113

(iii) The continuance is needed to allow a party to obtain	41114
counsel.	41115

(iv) The continuance is needed for other good cause.

41116

(b) An ex parte order issued under this section does not	41117
expire because of a failure to serve notice of the full hearing	41118
upon the respondent before the date set for the full hearing under	41119
division (D)(2)(a) of this section or because the court grants a	41120
continuance under that division.	41121

(3) If a person who files a petition pursuant to this section	41122
does not request an ex parte order, or if a person requests an ex	41123
parte order but the court does not issue an ex parte order after	41124
an ex parte hearing, the court shall proceed as in a normal civil	41125
action and grant a full hearing on the matter.	41126

(E)(1)(a) After an ex parte or full hearing, the court may	41127
issue any protection order, with or without bond, that contains	41128
terms designed to ensure the safety and protection of the person	41129
to be protected by the protection order, including, but not	41130
limited to, a requirement that the respondent refrain from	41131
entering the residence, school, business, or place of employment	41132
of the petitioner or family or household member. If the court	41133
includes a requirement that the respondent refrain from entering	41134
the residence, school, business, or place of employment of the	41135
petitioner or family or household member in the order, it also	41136
shall include in the order provisions of the type described in	41137
division (E)(5) of this section.	41138

(b) After a full hearing, if the court considering a petition	41139
that includes an allegation of the type described in division	41140
(C)(2) of this section, or the court upon its own motion, finds	41141
upon clear and convincing evidence that the petitioner reasonably	41142
believed that the respondent's conduct at any time preceding the	41143
filing of the petition endangered the health, welfare, or safety	41144
of the person to be protected and that the respondent presents a	41145
continuing danger to the person to be protected, the court may	41146
order that the respondent be electronically monitored for a period	41147
of time and under the terms and conditions that the court	41148
determines are appropriate. Electronic monitoring shall be in	41149
addition to any other relief granted to the petitioner.	41150

(2)(a) Any protection order issued pursuant to this section	41151
shall be valid until a date certain but not later than five years	41152
from the date of its issuance.	41153

(b) Any protection order issued pursuant to this section may	41154
be renewed in the same manner as the original order was issued.	41155

(3) A court may not issue a protection order that requires a	41156
petitioner to do or to refrain from doing an act that the court	41157
may require a respondent to do or to refrain from doing under	41158
division (E)(1) of this section unless all of the following apply:	41159

(a) The respondent files a separate petition for a protection	41160
order in accordance with this section.	41161

(b) The petitioner is served with notice of the respondent's	41162
petition at least forty-eight hours before the court holds a	41163
hearing with respect to the respondent's petition, or the	41164
petitioner waives the right to receive this notice.	41165

(c) If the petitioner has requested an ex parte order	41166
pursuant to division (D) of this section, the court does not delay	41167
any hearing required by that division beyond the time specified in	41168
that division in order to consolidate the hearing with a hearing	41169
on the petition filed by the respondent.	41170

(d) After a full hearing at which the respondent presents	41171
evidence in support of the request for a protection order and the	41172
petitioner is afforded an opportunity to defend against that	41173
evidence, the court determines that the petitioner has committed a	41174
violation of section 2903.211 of the Revised Code against the	41175
person to be protected by the protection order issued pursuant to	41176
this section, has committed a sexually oriented offense against	41177
the person to be protected by the protection order, or has	41178
violated a protection order issued pursuant to section 2903.213 of	41179
the Revised Code relative to the person to be protected by the	41180
protection order issued pursuant to this section.	41181

(4) No protection order issued pursuant to this section shall	41182
in any manner affect title to any real property.	41183

(5)(a) If the court issues a protection order under this	41184
section that includes a requirement that the alleged offender	41185
refrain from entering the residence, school, business, or place of	41186
employment of the petitioner or a family or household member, the	41187
order shall clearly state that the order cannot be waived or	41188
nullified by an invitation to the alleged offender from the	41189
complainant to enter the residence, school, business, or place of	41190
employment or by the alleged offender's entry into one of those	41191
places otherwise upon the consent of the petitioner or family or	41192
household member.	41193

(b) Division (E)(5)(a) of this section does not limit any	41194
discretion of a court to determine that an alleged offender	41195
charged with a violation of section 2919.27 of the Revised Code,	41196
with a violation of a municipal ordinance substantially equivalent	41197
to that section, or with contempt of court, which charge is based	41198
on an alleged violation of a protection order issued under this	41199
section, did not commit the violation or was not in contempt of	41200
court.	41201

(F)(1) The court shall cause the delivery of a copy of any	41202
protection order that is issued under this section to the	41203
petitioner, to the respondent, and to all law enforcement agencies	41204
that have jurisdiction to enforce the order. The court shall	41205
direct that a copy of the order be delivered to the respondent on	41206
the same day that the order is entered.	41207

(2) Upon the issuance of a protection order under this	41208
section, the court shall provide the parties to the order with the	41209
following notice orally or by form:	41210

"NOTICE	41211

As a result of this order, it may be unlawful for you to	41212
possess or purchase a firearm, including a rifle, pistol, or	41213
revolver, or ammunition pursuant to federal law under 18 U.S.C.	41214
922(g)(8). If you have any questions whether this law makes it	41215
illegal for you to possess or purchase a firearm or ammunition,	41216
you should consult an attorney."	41217

(3) All law enforcement agencies shall establish and maintain	41218
an index for the protection orders delivered to the agencies	41219
pursuant to division (F)(1) of this section. With respect to each	41220
order delivered, each agency shall note on the index the date and	41221
time that it received the order.	41222

(4) Regardless of whether the petitioner has registered the	41223
protection order in the county in which the officer's agency has	41224
jurisdiction pursuant to division (M) of this section, any	41225
officer of a law enforcement agency shall enforce a protection	41226
order issued pursuant to this section by any court in this state	41227
in accordance with the provisions of the order, including removing	41228
the respondent from the premises, if appropriate.	41229

(G) Any proceeding under this section shall be conducted in	41230
accordance with the Rules of Civil Procedure, except that a	41231
protection order may be obtained under this section with or	41232
without bond. An order issued under this section, other than an	41233
ex parte order, that grants a protection order, or that refuses to	41234
grant a protection order, is a final, appealable order. The	41235
remedies and procedures provided in this section are in addition	41236
to, and not in lieu of, any other available civil or criminal	41237
remedies.	41238

(H) The filing of proceedings under this section does not	41239
excuse a person from filing any report or giving any notice	41240
required by section 2151.421 of the Revised Code or by any other	41241
law.	41242

(I) Any law enforcement agency that investigates an alleged	41243
violation of section 2903.211 of the Revised Code or an alleged	41244
commission of a sexually oriented offense shall provide	41245
information to the victim and the family or household members of	41246
the victim regarding the relief available under this section and	41247
section 2903.213 of the Revised Code.	41248

(J) Notwithstanding any provision of law to the contrary and	41249
regardless of whether a protection order is issued or a consent	41250
agreement is approved by a court of another county or by a court	41251
of another state, no court or unit of state or local government	41252
shall charge any fee, cost, deposit, or money in connection with	41253
the filing of a petition pursuant to this section, in connection	41254
with the filing, issuance, registration, or service of a	41255
protection order or consent agreement, or for obtaining a	41256
certified copy of a protection order or consent agreement.	41257

(K)(1) A person who violates a protection order issued under	41258
this section is subject to the following sanctions:	41259

(a) Criminal prosecution for a violation of section 2919.27	41260
of the Revised Code, if the violation of the protection order	41261
constitutes a violation of that section;	41262

(b) Punishment for contempt of court.

41263

(2) The punishment of a person for contempt of court for	41264
violation of a protection order issued under this section does not	41265
bar criminal prosecution of the person for a violation of section	41266
2919.27 of the Revised Code. However, a person punished for	41267
contempt of court is entitled to credit for the punishment imposed	41268
upon conviction of a violation of that section, and a person	41269
convicted of a violation of that section shall not subsequently be	41270
punished for contempt of court arising out of the same activity.	41271

(L) In all stages of a proceeding under this section, a	41272
petitioner may be accompanied by a victim advocate.	41273

(M)(1) A petitioner who obtains a protection order under this	41274
section or a protection order under section 2903.213 of the	41275
Revised Code may provide notice of the issuance or approval of the	41276
order to the judicial and law enforcement officials in any county	41277
other than the county in which the order is issued by registering	41278
that order in the other county pursuant to division (M)(2) of this	41279
section and filing a copy of the registered order with a law	41280
enforcement agency in the other county in accordance with that	41281
division. A person who obtains a protection order issued by a	41282
court of another state may provide notice of the issuance of the	41283
order to the judicial and law enforcement officials in any county	41284
of this state by registering the order in that county pursuant to	41285
section 2919.272 of the Revised Code and filing a copy of the	41286
registered order with a law enforcement agency in that county.	41287

(2) A petitioner may register a protection order issued	41288
pursuant to this section or section 2903.213 of the Revised Code	41289
in a county other than the county in which the court that issued	41290
the order is located in the following manner:	41291

(a) The petitioner shall obtain a certified copy of the order	41292
from the clerk of the court that issued the order and present that	41293
certified copy to the clerk of the court of common pleas or the	41294
clerk of a municipal court or county court in the county in which	41295
the order is to be registered.	41296

(b) Upon accepting the certified copy of the order for	41297
registration, the clerk of the court of common pleas, municipal	41298
court, or county court shall place an endorsement of registration	41299
on the order and give the petitioner a copy of the order that	41300
bears that proof of registration.	41301

(3) The clerk of each court of common pleas, municipal court,	41302
or county court shall maintain a registry of certified copies of	41303
protection orders that have been issued by courts in other	41304
counties pursuant to this section or section 2903.213 of the	41305
Revised Code and that have been registered with the clerk.	41306

(N) If the court orders electronic monitoring of the	41307
respondent under this section, the court shall direct the	41308
sheriff's office or any other appropriate law enforcement agency	41309
to install the electronic monitoring device and to monitor the	41310
respondent. Unless the court determines that the respondent is	41311
indigent, the court shall order the respondent to pay the cost of	41312
the installation and monitoring of the electronic monitoring	41313
device. If the court determines that the respondent is indigent,	41314
the cost of the installation and monitoring of the electronic	41315
monitoring device ~~shall~~may be paid out of funds from the	41316
reparations fund created pursuant to section 2743.191 of the	41317
Revised Code. The total amount of costs for the installation and	41318
monitoring of electronic monitoring devices paid pursuant to this	41319
division from the reparations fund shall not exceed three hundred	41320
thousand dollars per year. The attorney general may promulgate	41321
rules pursuant to section 111.15 of the Revised Code to govern	41322
payments made from the reparations fund pursuant to this division.	41323
The rules may include reasonable limits on the total cost paid	41324
pursuant to this division per respondent, the amount of the three	41325
hundred thousand dollars allocated to each county, and how	41326
invoices may be submitted by a county, court, or other entity.	41327

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	41328
Revised Code:	41329

(A) "Care facility" means any of the following:

41330

(1) Any "home" as defined in section 3721.10 or 5111.20 of	41331
the Revised Code;	41332

(2) Any "residential facility" as defined in section 5123.19	41333
of the Revised Code;	41334

(3) Any institution or facility operated or provided by the	41335
department of mental health or by the department of mental	41336
retardation and developmental disabilities pursuant to sections	41337
5119.02 and 5123.03 of the Revised Code;	41338

(4) Any "residential facility" as defined in section 5119.22	41339
of the Revised Code;	41340

(5) Any unit of any hospital, as defined in section 3701.01	41341
of the Revised Code, that provides the same services as a nursing	41342
home, as defined in section 3721.01 of the Revised Code;	41343

(6) Any institution, residence, or facility that provides,	41344
for a period of more than twenty-four hours, whether for a	41345
consideration or not, accommodations to one individual or two	41346
unrelated individuals who are dependent upon the services of	41347
others;	41348

(7) Any "adult care facility" as defined in section 3722.01	41349
of the Revised Code;	41350

(8) Any adult foster home certified by the department of	41351
aging or its designee under section 173.36 of the Revised Code;	41352

~~(9) Any "community alternative home" as defined in section~~	41353
~~3724.01 of the Revised Code~~.	41354

(B) "Abuse" means knowingly causing physical harm or	41355
recklessly causing serious physical harm to a person by physical	41356
contact with the person or by the inappropriate use of a physical	41357
or chemical restraint, medication, or isolation on the person.	41358

(C)(1) "Gross neglect" means knowingly failing to provide a	41359
person with any treatment, care, goods, or service that is	41360
necessary to maintain the health or safety of the person when the	41361
failure results in physical harm or serious physical harm to the	41362
person.	41363

(2) "Neglect" means recklessly failing to provide a person	41364
with any treatment, care, goods, or service that is necessary to	41365
maintain the health or safety of the person when the failure	41366
results in serious physical harm to the person.	41367

(D) "Inappropriate use of a physical or chemical restraint,	41368
medication, or isolation" means the use of physical or chemical	41369
restraint, medication, or isolation as punishment, for staff	41370
convenience, excessively, as a substitute for treatment, or in	41371
quantities that preclude habilitation and treatment.	41372

Sec. 2907.27. (A)(1) If a person is charged with a violation	41373
of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or	41374
2907.25 of the Revised Code or with a violation of a municipal	41375
ordinance that is substantially equivalent to any of those	41376
sections, the arresting authorities or a court, upon the request	41377
of the prosecutor in the case or upon the request of the victim,	41378
shall cause the accused to submit to one or more appropriate tests	41379
to determine if the accused is suffering from a venereal disease.	41380

(2) If the accused is found to be suffering from a venereal	41381
disease in an infectious stage, the accused shall be required to	41382
submit to medical treatment for that disease. The cost of the	41383
medical treatment shall be charged to and paid by the accused who	41384
undergoes the treatment. If the accused is indigent, the court	41385
shall order the accused to report to a facility operated by a city	41386
health district or a general health district for treatment. If the	41387
accused is convicted of or pleads guilty to the offense with which	41388
the accused is charged and is placed under a community control	41389
sanction, a condition of community control shall be that the	41390
offender submit to and faithfully follow a course of medical	41391
treatment for the venereal disease. If the offender does not seek	41392
the required medical treatment, the court may revoke the	41393
offender's community control and order the offender to undergo	41394
medical treatment during the period of the offender's	41395
incarceration and to pay the cost of that treatment.	41396

(B)(1)(a) ~~Notwithstanding the requirements for informed~~	41397
~~consent in section 3701.242 of the Revised Code, if~~If a person is	41398
charged with a violation of division (B) of section 2903.11 or of	41399
section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24,	41400
2907.241, or 2907.25 of the Revised Code or with a violation of a	41401
municipal ordinance that is substantially equivalent to that	41402
division or any of those sections, the court, upon the request of	41403
the prosecutor in the case, upon the request of the victim, or	41404
upon the request of any other person whom the court reasonably	41405
believes had contact with the accused in circumstances related to	41406
the violation that could have resulted in the transmission to that	41407
person ~~of a virus that causes acquired immunodeficiency syndrome~~	41408
the human immunodeficiency virus, shall cause the accused to	41409
submit to one or more tests designated by the director of health	41410
under section 3701.241 of the Revised Code to determine if the	41411
accused is ~~a carrier of a virus that causes acquired~~	41412
~~immunodeficiency syndrome~~infected with HIV. The court, upon the	41413
request of the prosecutor in the case, upon the request of the	41414
victim with the agreement of the prosecutor, or upon the request	41415
of any other person with the agreement of the prosecutor, may	41416
cause an accused who is charged with a violation of any other	41417
section of the Revised Code or with a violation of any other	41418
municipal ordinance to submit to one or more tests so designated	41419
by the director of health if the circumstances of the violation	41420
indicate probable cause to believe that the accused, if the	41421
accused is infected with ~~the virus that causes acquired~~	41422
~~immunodeficiency syndrome~~HIV, might have transmitted ~~the virus~~	41423
HIV to any of the following persons in committing the violation:	41424

(i) In relation to a request made by the prosecuting	41425
attorney, to the victim or to any other person;	41426

(ii) In relation to a request made by the victim, to the	41427
victim making the request;	41428

(iii) In relation to a request made by any other person, to	41429
the person making the request.	41430

(b) The results of a test performed under division (B)(1)(a)	41431
of this section shall be communicated in confidence to the court,	41432
and the court shall inform the accused of the result. The court	41433
shall inform the victim that the test was performed and that the	41434
victim has a right to receive the results on request. If the test	41435
was performed upon the request of a person other than the	41436
prosecutor in the case and other than the victim, the court shall	41437
inform the person who made the request that the test was performed	41438
and that the person has a right to receive the results upon	41439
request. Additionally, regardless of who made the request that was	41440
the basis of the test being performed, if the court reasonably	41441
believes that, in circumstances related to the violation, a person	41442
other than the victim had contact with the accused that could have	41443
resulted in the transmission of ~~the virus~~HIV to that person, the	41444
court may inform that person that the test was performed and that	41445
the person has a right to receive the results of the test on	41446
request. If the accused tests positive for ~~a virus that causes~~	41447
~~acquired immunodeficiency syndrome~~HIV, the test results shall be	41448
reported to the department of health in accordance with section	41449
3701.24 of the Revised Code and to the sheriff, head of the state	41450
correctional institution, or other person in charge of any jail or	41451
prison in which the accused is incarcerated. If the accused tests	41452
positive for ~~a virus that causes acquired immunodeficiency~~	41453
~~syndrome~~HIV and the accused was charged with, and was convicted	41454
of or pleaded guilty to, a violation of section 2907.24, 2907.241,	41455
or 2907.25 of the Revised Code or a violation of a municipal	41456
ordinance that is substantially equivalent to any of those	41457
sections, the test results also shall be reported to the law	41458
enforcement agency that arrested the accused, and the law	41459
enforcement agency may use the test results as the basis for any	41460
future charge of a violation of division (B) of any of those	41461
sections or a violation of a municipal ordinance that is	41462
substantially equivalent to division (B) of any of those sections.	41463
No other disclosure of the test results or the fact that a test	41464
was performed shall be made, other than as evidence in a grand	41465
jury proceeding or as evidence in a judicial proceeding in	41466
accordance with the Rules of Evidence. If the test result is	41467
negative, and the charge has not been dismissed or if the accused	41468
has been convicted of the charge or a different offense arising	41469
out of the same circumstances as the offense charged, the court	41470
shall order that the test be repeated not earlier than three	41471
months nor later than six months after the original test.	41472

(2) If an accused who is free on bond refuses to submit to a	41473
test ordered by the court pursuant to division (B)(1) of this	41474
section, the court may order that the accused's bond be revoked	41475
and that the accused be incarcerated until the test is performed.	41476
If an accused who is incarcerated refuses to submit to a test	41477
ordered by the court pursuant to division (B)(1) of this section,	41478
the court shall order the person in charge of the jail or prison	41479
in which the accused is incarcerated to take any action necessary	41480
to facilitate the performance of the test, including the forcible	41481
restraint of the accused for the purpose of drawing blood to be	41482
used in the test.	41483

(3) A state agency, a political subdivision of the state, or	41484
an employee of a state agency or of a political subdivision of the	41485
state is immune from liability in a civil action to recover	41486
damages for injury, death, or loss to person or property allegedly	41487
caused by any act or omission in connection with the performance	41488
of the duties required under division (B)(2) of this section	41489
unless the acts or omissions are with malicious purpose, in bad	41490
faith, or in a wanton or reckless manner.	41491

41492

(1) "Community control sanction" has the same meaning as in	41493
section 2929.01 of the Revised Code.	41494

(2) "HIV" means the human immunodeficiency virus.

41495

Sec. 2911.21. (A) No person, without privilege to do so,	41496
shall do any of the following:	41497

(1) Knowingly enter or remain on the land or premises of	41498
another;	41499

(2) Knowingly enter or remain on the land or premises of	41500
another, the use of which is lawfully restricted to certain	41501
persons, purposes, modes, or hours, when the offender knows the	41502
offender is in violation of any such restriction or is reckless in	41503
that regard;	41504

(3) Recklessly enter or remain on the land or premises of	41505
another, as to which notice against unauthorized access or	41506
presence is given by actual communication to the offender, or in a	41507
manner prescribed by law, or by posting in a manner reasonably	41508
calculated to come to the attention of potential intruders, or by	41509
fencing or other enclosure manifestly designed to restrict access;	41510

(4) Being on the land or premises of another, negligently	41511
fail or refuse to leave upon being notified by signage posted in a	41512
conspicuous place or otherwise being notified to do so by the	41513
owner or occupant, or the agent or servant of either.	41514

(B) It is no defense to a charge under this section that the	41515
land or premises involved was owned, controlled, or in custody of	41516
a public agency.	41517

(C) It is no defense to a charge under this section that the	41518
offender was authorized to enter or remain on the land or premises	41519
involved, when such authorization was secured by deception.	41520

(D)(1) Whoever violates this section is guilty of criminal	41521
trespass, a misdemeanor of the fourth degree.	41522

(2) Notwithstanding section 2929.28 of the Revised Code, if	41523
the person, in committing the violation of this section, used an	41524
a snowmobile, off-highway motorcycle, or all-purpose vehicle, the	41525
court shall impose a fine of two times the usual amount imposed	41526
for the violation.	41527

(3) If an offender previously has been convicted of or	41528
pleaded guilty to two or more violations of this section or a	41529
substantially equivalent municipal ordinance, and the offender, in	41530
committing each violation, used ana snowmobile, off-highway	41531
motorcycle, or all-purpose vehicle, the court, in addition to or	41532
independent of all other penalties imposed for the violation, may	41533
impound the certificate of registration of that snowmobile or	41534
off-highway motorcycle or the certificate of registration and	41535
license plate of that all-purpose vehicle for not less than sixty	41536
days. In such a case, section 4519.47 of the Revised Code applies.	41537

(E) Notwithstanding any provision of the Revised Code, if the	41538
offender, in committing the violation of this section, used an	41539
all-purpose vehicle, the clerk of the court shall pay the fine	41540
imposed pursuant to this section to the state recreational vehicle	41541
fund created by section 4519.11 of the Revised Code.	41542

(F) As used in this section:

41543

(1) "All-purpose vehicle," ~~has~~"off-highway motorcycle," and	41544
"snowmobile" have the same ~~meaning~~meanings as in section 4519.01	41545
of the Revised Code.	41546

(2) "Land or premises" includes any land, building,	41547
structure, or place belonging to, controlled by, or in custody of	41548
another, and any separate enclosure or room, or portion thereof.	41549

Sec. 2913.46. (A)(1) As used in this section:

41550

(a) "Electronically transferred benefit" means the transfer	41551
of ~~food stamp~~supplemental nutrition assistance program benefits	41552
or WIC program benefits through the use of an access device.	41553

(b) "WIC program benefits" includes money, coupons, delivery	41554
verification receipts, other documents, food, or other property	41555
received directly or indirectly pursuant to section 17 of the	41556
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as	41557
amended.	41558

(c) "Access device" means any card, plate, code, account	41559
number, or other means of access that can be used, alone or in	41560
conjunction with another access device, to obtain payments,	41561
allotments, benefits, money, goods, or other things of value or	41562
that can be used to initiate a transfer of funds pursuant to	41563
section 5101.33 of the Revised Code and the "Food ~~Stamp~~and	41564
Nutrition Act of ~~1977," 91 Stat. 958,~~2008 (7 U.S.C.A. 2011 et	41565
seq.), or any supplemental food program administered by any	41566
department of this state or any county or local agency pursuant to	41567
section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42	41568
U.S.C.A. 1786, as amended. An "access device" may include any	41569
electronic debit card or other means authorized by section 5101.33	41570
of the Revised Code.	41571

~~(c)~~(d) "Aggregate value of ~~the food stamp coupons~~	41572
supplemental nutrition assistance program benefits, WIC program	41573
benefits, and electronically transferred benefits involved in the	41574
violation" means the total face value of any ~~food stamps~~	41575
supplemental nutrition assistance program benefits, plus the total	41576
face value of WIC program coupons or delivery verification	41577
receipts, plus the total value of other WIC program benefits, plus	41578
the total value of any electronically transferred benefit or other	41579
access device, involved in the violation.	41580

~~(d)~~(e) "Total value of any electronically transferred benefit	41581
or other access device" means the total value of the payments,	41582
allotments, benefits, money, goods, or other things of value that	41583
may be obtained, or the total value of funds that may be	41584
transferred, by use of any electronically transferred benefit or	41585
other access device at the time of violation.	41586

(2) If ~~food stamp coupons~~supplemental nutrition assistance	41587
program benefits, WIC program benefits, or electronically	41588
transferred benefits or other access devices of various values are	41589
used, transferred, bought, acquired, altered, purchased,	41590
possessed, presented for redemption, or transported in violation	41591
of this section over a period of twelve months, the course of	41592
conduct may be charged as one offense and the values of ~~food stamp~~	41593
~~coupons~~supplemental nutrition assistance program benefits, WIC	41594
program benefits, or any electronically transferred benefits or	41595
other access devices may be aggregated in determining the degree	41596
of the offense.	41597

(B) No individual shall knowingly possess, buy, sell, use,	41598
alter, accept, or transfer ~~food stamp coupons~~supplemental	41599
nutrition assistance program benefits, WIC program benefits, or	41600
any electronically transferred benefit in any manner not	41601
authorized by the "Food ~~Stamp~~and Nutrition Act of ~~1977," 91 Stat.~~	41602
~~958,~~2008 (7 U.S.C.A. 2011~~, as amended,~~et seq.) or section 17 of	41603
the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786,	41604
as amended.	41605

(C) No organization, as defined in division (D) of section	41606
2901.23 of the Revised Code, shall do either of the following:	41607

(1) Knowingly allow an employee or agent to sell, transfer,	41608
or trade items or services, the purchase of which is prohibited by	41609
the "Food ~~Stamp~~and Nutrition Act of ~~1977," 91 Stat. 958,~~2008 (7	41610
U.S.C.A. 2011~~, as amended,~~et seq. or section 17 of the "Child	41611
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as	41612
amended, in exchange for ~~food stamp coupons~~supplemental nutrition	41613
assistance program benefits, WIC program benefits, or any	41614
electronically transferred benefit;	41615

(2) Negligently allow an employee or agent to sell, transfer,	41616
or exchange ~~food stamp coupons~~supplemental nutrition assistance	41617
program benefits, WIC program benefits, or any electronically	41618
transferred benefit for anything of value.	41619

(D) Whoever violates this section is guilty of illegal use of	41620
~~food stamps~~supplemental nutrition assistance program benefits or	41621
WIC program benefits. Except as otherwise provided in this	41622
division, illegal use of ~~food stamps~~supplemental nutrition	41623
assistance program benefits or WIC program benefits is a felony of	41624
the fifth degree. If the aggregate value of the ~~food stamp coupons~~	41625
supplemental nutrition assistance program benefits, WIC program	41626
benefits, and electronically transferred benefits involved in the	41627
violation is five hundred dollars or more and is less than five	41628
thousand dollars, illegal use of ~~food stamps~~supplemental	41629
nutrition assistance program benefits or WIC program benefits is	41630
a felony of the fourth degree. If the aggregate value of the	41631
~~food stamp coupons~~supplemental nutrition assistance program	41632
benefits, WIC program benefits, and electronically transferred	41633
benefits involved in the violation is five thousand dollars or	41634
more and is less than one hundred thousand dollars, illegal use	41635
of ~~food stamps~~supplemental nutrition assistance program	41636
benefits or WIC program benefits is a felony of the third	41637
degree. If the aggregate value of the ~~food stamp coupons~~	41638
supplemental nutrition assistance program benefits, WIC program	41639
benefits, and electronically transferred benefits involved in	41640
the violation is one hundred thousand dollars or more, illegal	41641
use of ~~food stamps~~supplemental nutrition assistance program	41642
benefits or WIC program benefits is a felony of the second	41643
degree.	41644

Sec. 2915.01. As used in this chapter:

41645

(A) "Bookmaking" means the business of receiving or paying	41646
off bets.	41647

(B) "Bet" means the hazarding of anything of value upon the	41648
result of an event, undertaking, or contingency, but does not	41649
include a bona fide business risk.	41650

(C) "Scheme of chance" means a slot machine, lottery, numbers	41651
game, pool conducted for profit, or other scheme in which a	41652
participant gives a valuable consideration for a chance to win a	41653
prize, but does not include bingo, a skill-based amusement	41654
machine, or a pool not conducted for profit.	41655

(D) "Game of chance" means poker, craps, roulette, or other	41656
game in which a player gives anything of value in the hope of	41657
gain, the outcome of which is determined largely by chance, but	41658
does not include bingo.	41659

(E) "Game of chance conducted for profit" means any game of	41660
chance designed to produce income for the person who conducts or	41661
operates the game of chance, but does not include bingo.	41662

(F) "Gambling device" means any of the following:

41663

(1) A book, totalizer, or other equipment for recording bets;

41664

(2) A ticket, token, or other device representing a chance,	41665
share, or interest in a scheme of chance or evidencing a bet;	41666

(3) A deck of cards, dice, gaming table, roulette wheel, slot	41667
machine, or other apparatus designed for use in connection with a	41668
game of chance;	41669

(4) Any equipment, device, apparatus, or paraphernalia	41670
specially designed for gambling purposes;	41671

(5) Bingo supplies sold or otherwise provided, or used, in	41672
violation of this chapter.	41673

(G) "Gambling offense" means any of the following:

41674

(1) A violation of section 2915.02, 2915.03, 2915.04,	41675
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09,	41676
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code;	41677

(2) A violation of an existing or former municipal ordinance	41678
or law of this or any other state or the United States	41679
substantially equivalent to any section listed in division (G)(1)	41680
of this section or a violation of section 2915.06 of the Revised	41681
Code as it existed prior to July 1, 1996;	41682

(3) An offense under an existing or former municipal	41683
ordinance or law of this or any other state or the United States,	41684
of which gambling is an element;	41685

(4) A conspiracy or attempt to commit, or complicity in	41686
committing, any offense under division (G)(1), (2), or (3) of this	41687
section.	41688

(H) Except as otherwise provided in this chapter, "charitable	41689
organization" means any tax exempt religious, educational,	41690
veteran's, fraternal, sporting, service, nonprofit medical,	41691
volunteer rescue service, volunteer firefighter's, senior	41692
citizen's, historic railroad educational, youth athletic, amateur	41693
athletic, or youth athletic park organization. An organization is	41694
tax exempt if the organization is, and has received from the	41695
internal revenue service a determination letter that currently is	41696
in effect stating that the organization is, exempt from federal	41697
income taxation under subsection 501(a) and described in	41698
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or	41699
501(c)(19) of the Internal Revenue Code, or if the organization is	41700
a sporting organization that is exempt from federal income	41701
taxation under subsection 501(a) and is described in subsection	41702
501(c)(7) of the Internal Revenue Code. To qualify as a charitable	41703
organization, an organization, except a volunteer rescue service	41704
or volunteer firefighter's organization, shall have been in	41705
continuous existence as such in this state for a period of two	41706
years immediately preceding either the making of an application	41707
for a bingo license under section 2915.08 of the Revised Code or	41708
the conducting of any game of chance as provided in division (D)	41709
of section 2915.02 of the Revised Code. A charitable organization	41710
that is exempt from federal income taxation under subsection	41711
501(a) and described in subsection 501(c)(3) of the Internal	41712
Revenue Code and that is created by a veteran's organization, a	41713
fraternal organization, or a sporting organization does not have	41714
to have been in continuous existence as such in this state for a	41715
period of two years immediately preceding either the making of an	41716
application for a bingo license under section 2915.08 of the	41717
Revised Code or the conducting of any game of chance as provided	41718
in division (D) of section 2915.02 of the Revised Code.	41719

(I) "Religious organization" means any church, body of	41720
communicants, or group that is not organized or operated for	41721
profit and that gathers in common membership for regular worship	41722
and religious observances.	41723

(J) "Educational organization" means any organization within	41724
this state that is not organized for profit, the primary purpose	41725
of which is to educate and develop the capabilities of individuals	41726
through instruction by means of operating or contributing to the	41727
support of a school, academy, college, or university.	41728

(K) "Veteran's organization" means any individual post or	41729
state headquarters of a national veteran's association or an	41730
auxiliary unit of any individual post of a national veteran's	41731
association, which post, state headquarters, or auxiliary unit has	41732
been in continuous existence in this state for at least two years	41733
and incorporated as a nonprofit corporation and either has	41734
received a letter from the state headquarters of the national	41735
veteran's association indicating that the individual post or	41736
auxiliary unit is in good standing with the national veteran's	41737
association or has received a letter from the national veteran's	41738
association indicating that the state headquarters is in good	41739
standing with the national veteran's association. As used in this	41740
division, "national veteran's association" means any veteran's	41741
association that has been in continuous existence as such for a	41742
period of at least five years and either is incorporated by an act	41743
of the United States congress or has a national dues-paying	41744
membership of at least five thousand persons.	41745

(L) "Volunteer firefighter's organization" means any	41746
organization of volunteer firefighters, as defined in section	41747
146.01 of the Revised Code, that is organized and operated	41748
exclusively to provide financial support for a volunteer fire	41749
department or a volunteer fire company and that is recognized or	41750
ratified by a county, municipal corporation, or township.	41751

(M) "Fraternal organization" means any society, order, state	41752
headquarters, or association within this state, except a college	41753
or high school fraternity, that is not organized for profit, that	41754
is a branch, lodge, or chapter of a national or state	41755
organization, that exists exclusively for the common business or	41756
sodality of its members, and that has been in continuous existence	41757
in this state for a period of five years.	41758

(N) "Volunteer rescue service organization" means any	41759
organization of volunteers organized to function as an emergency	41760
medical service organization, as defined in section 4765.01 of the	41761
Revised Code.	41762

(O) "Service organization" means either of the following:

41763

(1) Any organization, not organized for profit, that is	41764
organized and operated exclusively to provide, or to contribute to	41765
the support of organizations or institutions organized and	41766
operated exclusively to provide, medical and therapeutic services	41767
for persons who are crippled, born with birth defects, or have any	41768
other mental or physical defect or those organized and operated	41769
exclusively to protect, or to contribute to the support of	41770
organizations or institutions organized and operated exclusively	41771
to protect, animals from inhumane treatment or provide immediate	41772
shelter to victims of domestic violence;	41773

(2) Any organization that is described in subsection	41774
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	41775
and is either a governmental unit or an organization that is tax	41776
exempt under subsection 501(a) and described in subsection	41777
501(c)(3) of the Internal Revenue Code and that is an	41778
organization, not organized for profit, that is organized and	41779
operated primarily to provide, or to contribute to the support of	41780
organizations or institutions organized and operated primarily to	41781
provide, medical and therapeutic services for persons who are	41782
crippled, born with birth defects, or have any other mental or	41783
physical defect.	41784

(P) "Nonprofit medical organization" means either of the	41785
following:	41786

(1) Any organization that has been incorporated as a	41787
nonprofit corporation for at least five years and that has	41788
continuously operated and will be operated exclusively to provide,	41789
or to contribute to the support of organizations or institutions	41790
organized and operated exclusively to provide, hospital, medical,	41791
research, or therapeutic services for the public;	41792

(2) Any organization that is described and qualified under	41793
subsection 501(c)(3) of the Internal Revenue Code, that has been	41794
incorporated as a nonprofit corporation for at least five years,	41795
and that has continuously operated and will be operated primarily	41796
to provide, or to contribute to the support of organizations or	41797
institutions organized and operated primarily to provide,	41798
hospital, medical, research, or therapeutic services for the	41799
public.	41800

(Q) "Senior citizen's organization" means any private	41801
organization, not organized for profit, that is organized and	41802
operated exclusively to provide recreational or social services	41803
for persons who are fifty-five years of age or older and that is	41804
described and qualified under subsection 501(c)(3) of the Internal	41805
Revenue Code.	41806

(R) "Charitable bingo game" means any bingo game described in	41807
division (S)(1) or (2) of this section that is conducted by a	41808
charitable organization that has obtained a license pursuant to	41809
section 2915.08 of the Revised Code and the proceeds of which are	41810
used for a charitable purpose.	41811

(S) "Bingo" means either of the following:

41812

(1) A game with all of the following characteristics:

41813

(a) The participants use bingo cards or sheets, including	41814
paper formats and electronic representation or image formats, that	41815
are divided into twenty-five spaces arranged in five horizontal	41816
and five vertical rows of spaces, with each space, except the	41817
central space, being designated by a combination of a letter and a	41818
number and with the central space being designated as a free	41819
space.	41820

(b) The participants cover the spaces on the bingo cards or	41821
sheets that correspond to combinations of letters and numbers that	41822
are announced by a bingo game operator.	41823

(c) A bingo game operator announces combinations of letters	41824
and numbers that appear on objects that a bingo game operator	41825
selects by chance, either manually or mechanically, from a	41826
receptacle that contains seventy-five objects at the beginning of	41827
each game, each object marked by a different combination of a	41828
letter and a number that corresponds to one of the seventy-five	41829
possible combinations of a letter and a number that can appear on	41830
the bingo cards or sheets.	41831

(d) The winner of the bingo game includes any participant who	41832
properly announces during the interval between the announcements	41833
of letters and numbers as described in division (S)(1)(c) of this	41834
section, that a predetermined and preannounced pattern of spaces	41835
has been covered on a bingo card or sheet being used by the	41836
participant.	41837

(2) Instant bingo, punch boards, and raffles.

41838

(T) "Conduct" means to back, promote, organize, manage, carry	41839
on, sponsor, or prepare for the operation of bingo or a game of	41840
chance.	41841

(U) "Bingo game operator" means any person, except security	41842
personnel, who performs work or labor at the site of bingo,	41843
including, but not limited to, collecting money from participants,	41844
handing out bingo cards or sheets or objects to cover spaces on	41845
bingo cards or sheets, selecting from a receptacle the objects	41846
that contain the combination of letters and numbers that appear on	41847
bingo cards or sheets, calling out the combinations of letters and	41848
numbers, distributing prizes, selling or redeeming instant bingo	41849
tickets or cards, supervising the operation of a punch board,	41850
selling raffle tickets, selecting raffle tickets from a receptacle	41851
and announcing the winning numbers in a raffle, and preparing,	41852
selling, and serving food or beverages.	41853

(V) "Participant" means any person who plays bingo.

41854

(W) "Bingo session" means a period that includes both of the	41855
following:	41856

(1) Not to exceed five continuous hours for the conduct of	41857
one or more games described in division (S)(1) of this section,	41858
instant bingo, and seal cards;	41859

(2) A period for the conduct of instant bingo and seal cards	41860
for not more than two hours before and not more than two hours	41861
after the period described in division (W)(1) of this section.	41862

(X) "Gross receipts" means all money or assets, including	41863
admission fees, that a person receives from bingo without the	41864
deduction of any amounts for prizes paid out or for the expenses	41865
of conducting bingo. "Gross receipts" does not include any money	41866
directly taken in from the sale of food or beverages by a	41867
charitable organization conducting bingo, or by a bona fide	41868
auxiliary unit or society of a charitable organization conducting	41869
bingo, provided all of the following apply:	41870

(1) The auxiliary unit or society has been in existence as a	41871
bona fide auxiliary unit or society of the charitable organization	41872
for at least two years prior to conducting bingo.	41873

(2) The person who purchases the food or beverage receives	41874
nothing of value except the food or beverage and items customarily	41875
received with the purchase of that food or beverage.	41876

(3) The food and beverages are sold at customary and	41877
reasonable prices.	41878

(Y) "Security personnel" includes any person who either is a	41879
sheriff, deputy sheriff, marshal, deputy marshal, township	41880
constable, or member of an organized police department of a	41881
municipal corporation or has successfully completed a peace	41882
officer's training course pursuant to sections 109.71 to 109.79 of	41883
the Revised Code and who is hired to provide security for the	41884
premises on which bingo is conducted.	41885

(Z) "Charitable purpose" means that the net profit of bingo,	41886
other than instant bingo, is used by, or is given, donated, or	41887
otherwise transferred to, any of the following:	41888

(1) Any organization that is described in subsection	41889
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	41890
and is either a governmental unit or an organization that is tax	41891
exempt under subsection 501(a) and described in subsection	41892
501(c)(3) of the Internal Revenue Code;	41893

(2) A veteran's organization that is a post, chapter, or	41894
organization of veterans, or an auxiliary unit or society of, or a	41895
trust or foundation for, any such post, chapter, or organization	41896
organized in the United States or any of its possessions, at least	41897
seventy-five per cent of the members of which are veterans and	41898
substantially all of the other members of which are individuals	41899
who are spouses, widows, or widowers of veterans, or such	41900
individuals, provided that no part of the net earnings of such	41901
post, chapter, or organization inures to the benefit of any	41902
private shareholder or individual, and further provided that the	41903
net profit is used by the post, chapter, or organization for the	41904
charitable purposes set forth in division (B)(12) of section	41905
5739.02 of the Revised Code, is used for awarding scholarships to	41906
or for attendance at an institution mentioned in division (B)(12)	41907
of section 5739.02 of the Revised Code, is donated to a	41908
governmental agency, or is used for nonprofit youth activities,	41909
the purchase of United States or Ohio flags that are donated to	41910
schools, youth groups, or other bona fide nonprofit organizations,	41911
promotion of patriotism, or disaster relief;	41912

(3) A fraternal organization that has been in continuous	41913
existence in this state for fifteen years and that uses the net	41914
profit exclusively for religious, charitable, scientific,	41915
literary, or educational purposes, or for the prevention of	41916
cruelty to children or animals, if contributions for such use	41917
would qualify as a deductible charitable contribution under	41918
subsection 170 of the Internal Revenue Code;	41919

(4) A volunteer firefighter's organization that uses the net	41920
profit for the purposes set forth in division (L) of this section.	41921

(AA) "Internal Revenue Code" means the "Internal Revenue Code	41922
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	41923
amended.	41924

(BB) "Youth athletic organization" means any organization,	41925
not organized for profit, that is organized and operated	41926
exclusively to provide financial support to, or to operate,	41927
athletic activities for persons who are twenty-one years of age or	41928
younger by means of sponsoring, organizing, operating, or	41929
contributing to the support of an athletic team, club, league, or	41930
association.	41931

(CC) "Youth athletic park organization" means any	41932
organization, not organized for profit, that satisfies both of the	41933
following:	41934

(1) It owns, operates, and maintains playing fields that	41935
satisfy both of the following:	41936

(a) The playing fields are used at least one hundred days per	41937
year for athletic activities by one or more organizations, not	41938
organized for profit, each of which is organized and operated	41939
exclusively to provide financial support to, or to operate,	41940
athletic activities for persons who are eighteen years of age or	41941
younger by means of sponsoring, organizing, operating, or	41942
contributing to the support of an athletic team, club, league, or	41943
association.	41944

(b) The playing fields are not used for any profit-making	41945
activity at any time during the year.	41946

(2) It uses the proceeds of bingo it conducts exclusively for	41947
the operation, maintenance, and improvement of its playing fields	41948
of the type described in division (CC)(1) of this section.	41949

(DD) "Amateur athletic organization" means any organization,	41950
not organized for profit, that is organized and operated	41951
exclusively to provide financial support to, or to operate,	41952
athletic activities for persons who are training for amateur	41953
athletic competition that is sanctioned by a national governing	41954
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	41955
3045, 36 U.S.C.A. 373.	41956

(EE) "Bingo supplies" means bingo cards or sheets; instant	41957
bingo tickets or cards; electronic bingo aids; raffle tickets;	41958
punch boards; seal cards; instant bingo ticket dispensers; and	41959
devices for selecting or displaying the combination of bingo	41960
letters and numbers or raffle tickets. Items that are "bingo	41961
supplies" are not gambling devices if sold or otherwise provided,	41962
and used, in accordance with this chapter. For purposes of this	41963
chapter, "bingo supplies" are not to be considered equipment used	41964
to conduct a bingo game.	41965

(FF) "Instant bingo" means a form of bingo that uses folded	41966
or banded tickets or paper cards with perforated break-open tabs,	41967
a face of which is covered or otherwise hidden from view to	41968
conceal a number, letter, or symbol, or set of numbers, letters,	41969
or symbols, some of which have been designated in advance as prize	41970
winners. "Instant bingo" includes seal cards. "Instant bingo" does	41971
not include any device that is activated by the insertion of a	41972
coin, currency, token, or an equivalent, and that contains as one	41973
of its components a video display monitor that is capable of	41974
displaying numbers, letters, symbols, or characters in winning or	41975
losing combinations.	41976

(GG) "Seal card" means a form of instant bingo that uses	41977
instant bingo tickets in conjunction with a board or placard that	41978
contains one or more seals that, when removed or opened, reveal	41979
predesignated winning numbers, letters, or symbols.	41980

(HH) "Raffle" means a form of bingo in which the one or more	41981
prizes are won by one or more persons who have purchased a raffle	41982
ticket. The one or more winners of the raffle are determined by	41983
drawing a ticket stub or other detachable section from a	41984
receptacle containing ticket stubs or detachable sections	41985
corresponding to all tickets sold for the raffle.	41986

(II) "Punch board" means a board containing a number of holes	41987
or receptacles of uniform size in which are placed, mechanically	41988
and randomly, serially numbered slips of paper that may be punched	41989
or drawn from the hole or receptacle when used in conjunction with	41990
instant bingo. A player may punch or draw the numbered slips of	41991
paper from the holes or receptacles and obtain the prize	41992
established for the game if the number drawn corresponds to a	41993
winning number or, if the punch board includes the use of a seal	41994
card, a potential winning number.	41995

(JJ) "Gross profit" means gross receipts minus the amount	41996
actually expended for the payment of prize awards.	41997

(KK) "Net profit" means gross profit minus expenses.

41998

(LL) "Expenses" means the reasonable amount of gross profit	41999
actually expended for all of the following:	42000

(1) The purchase or lease of bingo supplies;

42001

(2) The annual license fee required under section 2915.08 of	42002
the Revised Code;	42003

(3) Bank fees and service charges for a bingo session or game	42004
account described in section 2915.10 of the Revised Code;	42005

(4) Audits and accounting services;

42006

(5) Safes;

42007

(6) Cash registers;

42008

(7) Hiring security personnel;

42009

(8) Advertising bingo;

42010

(9) Renting premises in which to conduct a bingo session;

42011

(10) Tables and chairs;

42012

(11) Expenses for maintaining and operating a charitable	42013
organization's facilities, including, but not limited to, a post	42014
home, club house, lounge, tavern, or canteen and any grounds	42015
attached to the post home, club house, lounge, tavern, or canteen;	42016

(12) Any other product or service directly related to the	42017
conduct of bingo that is authorized in rules adopted by the	42018
attorney general under division (B)(1) of section 2915.08 of the	42019
Revised Code.	42020

(MM) "Person" has the same meaning as in section 1.59 of the	42021
Revised Code and includes any firm or any other legal entity,	42022
however organized.	42023

(NN) "Revoke" means to void permanently all rights and	42024
privileges of the holder of a license issued under section	42025
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	42026
gaming license issued by another jurisdiction.	42027

(OO) "Suspend" means to interrupt temporarily all rights and	42028
privileges of the holder of a license issued under section	42029
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	42030
gaming license issued by another jurisdiction.	42031

(PP) "Distributor" means any person who purchases or obtains	42032
bingo supplies and who does either of the following:	42033

(1) Sells, offers for sale, or otherwise provides or offers	42034
to provide the bingo supplies to another person for use in this	42035
state;	42036

(2) Modifies, converts, adds to, or removes parts from the	42037
bingo supplies to further their promotion or sale for use in this	42038
state.	42039

(QQ) "Manufacturer" means any person who assembles completed	42040
bingo supplies from raw materials, other items, or subparts or who	42041
modifies, converts, adds to, or removes parts from bingo supplies	42042
to further their promotion or sale.	42043

(RR) "Gross annual revenues" means the annual gross receipts	42044
derived from the conduct of bingo described in division (S)(1) of	42045
this section plus the annual net profit derived from the conduct	42046
of bingo described in division (S)(2) of this section.	42047

(SS) "Instant bingo ticket dispenser" means a mechanical	42048
device that dispenses an instant bingo ticket or card as the sole	42049
item of value dispensed and that has the following	42050
characteristics:	42051

(1) It is activated upon the insertion of United States	42052
currency.	42053

(2) It performs no gaming functions.

42054

(3) It does not contain a video display monitor or generate	42055
noise.	42056

(4) It is not capable of displaying any numbers, letters,	42057
symbols, or characters in winning or losing combinations.	42058

(5) It does not simulate or display rolling or spinning	42059
reels.	42060

(6) It is incapable of determining whether a dispensed bingo	42061
ticket or card is a winning or nonwinning ticket or card and	42062
requires a winning ticket or card to be paid by a bingo game	42063
operator.	42064

(7) It may provide accounting and security features to aid in	42065
accounting for the instant bingo tickets or cards it dispenses.	42066

(8) It is not part of an electronic network and is not	42067
interactive.	42068

(TT)(1) "Electronic bingo aid" means an electronic device	42069
used by a participant to monitor bingo cards or sheets purchased	42070
at the time and place of a bingo session and that does all of the	42071
following:	42072

(a) It provides a means for a participant to input numbers	42073
and letters announced by a bingo caller.	42074

(b) It compares the numbers and letters entered by the	42075
participant to the bingo faces previously stored in the memory of	42076
the device.	42077

42078

(2) "Electronic bingo aid" does not include any device into	42079
which a coin, currency, token, or an equivalent is inserted to	42080
activate play.	42081

(UU) "Deal of instant bingo tickets" means a single game of	42082
instant bingo tickets all with the same serial number.	42083

(VV)(1) "Slot machine" means either of the following:

42084

(a) Any mechanical, electronic, video, or digital device that	42085
is capable of accepting anything of value, directly or indirectly,	42086
from or on behalf of a player who gives the thing of value in the	42087
hope of gain;	42088

(b) Any mechanical, electronic, video, or digital device that	42089
is capable of accepting anything of value, directly or indirectly,	42090
from or on behalf of a player to conduct or dispense bingo or a	42091
scheme or game of chance.	42092

(2) "Slot machine" does not include a skill-based amusement	42093
machine.	42094

(WW) "Net profit from the proceeds of the sale of instant	42095
bingo" means gross profit minus the ordinary, necessary, and	42096
reasonable expense expended for the purchase of instant bingo	42097
supplies.	42098

(XX) "Charitable instant bingo organization" means an	42099
organization that is exempt from federal income taxation under	42100
subsection 501(a) and described in subsection 501(c)(3) of the	42101
Internal Revenue Code and is a charitable organization as defined	42102
in this section. A "charitable instant bingo organization" does	42103
not include a charitable organization that is exempt from federal	42104
income taxation under subsection 501(a) and described in	42105
subsection 501(c)(3) of the Internal Revenue Code and that is	42106
created by a veteran's organization, a fraternal organization, or	42107
a sporting organization in regards to bingo conducted or assisted	42108
by a veteran's organization, a fraternal organization, or a	42109
sporting organization pursuant to section 2915.13 of the Revised	42110
Code.	42111

(YY) "Game flare" means the board or placard that accompanies	42112
each deal of instant bingo tickets and that has printed on or	42113
affixed to it the following information for the game:	42114

(1) The name of the game;

42115

(2) The manufacturer's name or distinctive logo;

42116

(3) The form number;

42117

(4) The ticket count;

42118

(5) The prize structure, including the number of winning	42119
instant bingo tickets by denomination and the respective winning	42120
symbol or number combinations for the winning instant bingo	42121
tickets;	42122

(6) The cost per play;

42123

(7) The serial number of the game.

42124

(ZZ) "Historic railroad educational organization" means an	42125
organization that is exempt from federal income taxation under	42126
subsection 501(a) and described in subsection 501(c)(3) of the	42127
Internal Revenue Code, that owns in fee simple the tracks and the	42128
right of way of a historic railroad that the organization restores	42129
or maintains and on which the organization provides excursions as	42130
part of a program to promote tourism and educate visitors	42131
regarding the role of railroad transportation in Ohio history, and	42132
that received as donations from a charitable organization that	42133
holds a license to conduct bingo under this chapter an amount	42134
equal to at least fifty per cent of that licensed charitable	42135
organization's net proceeds from the conduct of bingo during each	42136
of the five years preceding June 30, 2003. "Historic railroad"	42137
means all or a portion of the tracks and right-of-way of a	42138
railroad that was owned and operated by a for-profit common	42139
carrier in this state at any time prior to January 1, 1950.	42140

(AAA)(1) "Skill-based amusement machine" means a mechanical,	42141
video, digital, or electronic device that rewards the player or	42142
players, if at all, only with merchandise prizes or with	42143
redeemable vouchers redeemable only for merchandise prizes,	42144
provided that with respect to rewards for playing the game all	42145
of the following apply:	42146

(a) The wholesale value of a merchandise prize awarded as a	42147
result of the single play of a machine does not exceed ten	42148
dollars;	42149

(b) Redeemable vouchers awarded for any single play of a	42150
machine are not redeemable for a merchandise prize with a	42151
wholesale value of more than ten dollars;	42152

(c) Redeemable vouchers are not redeemable for a merchandise	42153
prize that has a wholesale value of more than ten dollars times	42154
the fewest number of single plays necessary to accrue the	42155
redeemable vouchers required to obtain that prize; and	42156

(d) Any redeemable vouchers or merchandise prizes are	42157
distributed at the site of the skill-based amusement machine at	42158
the time of play.	42159

A card for the purchase of gasoline is a redeemable voucher	42160
for purposes of division (AAA)(1) of this section even if the	42161
skill-based amusement machine for the play of which the card is	42162
awarded is located at a place where gasoline may not be legally	42163
distributed to the public or the card is not redeemable at the	42164
location of, or at the time of playing, the skill-based amusement	42165
machine.	42166

(2) A device shall not be considered a skill-based amusement	42167
machine and shall be considered a slot machine if it pays cash or	42168
one or more of the following apply:	42169

(a) The ability of a player to succeed at the game is	42170
impacted by the number or ratio of prior wins to prior losses of	42171
players playing the game.	42172

(b) Any reward of redeemable vouchers is not based solely on	42173
the player achieving the object of the game or the ~~players~~	42174
player's score;	42175

(c) The outcome of the game, or the value of the redeemable	42176
voucher or merchandise prize awarded for winning the game, can be	42177
controlled by a source other than any player playing the game.	42178

(d) The success of any player is or may be determined by a	42179
chance event that cannot be altered by player actions.	42180

(e) The ability of any player to succeed at the game is	42181
determined by game features not visible or known to the player.	42182

(f) The ability of the player to succeed at the game is	42183
impacted by the exercise of a skill that no reasonable player	42184
could exercise.	42185

(3) All of the following apply to any machine that is	42186
operated as described in division (AAA)(1) of this section:	42187

(a) As used in this section, "game" and "play" mean one	42188
event from the initial activation of the machine until the	42189
results of play are determined without payment of additional	42190
consideration. An individual utilizing a machine that involves a	42191
single game, play, contest, competition, or tournament may be	42192
awarded redeemable vouchers or merchandise prizes based on the	42193
results of play.	42194

(b) Advance play for a single game, play, contest,	42195
competition, or tournament participation may be purchased. The	42196
cost of the contest, competition, or tournament participation may	42197
be greater than a single noncontest, competition, or tournament	42198
play.	42199

(c) To the extent that the machine is used in a contest,	42200
competition, or tournament, that contest, competition, or	42201
tournament has a defined starting and ending date and is open to	42202
participants in competition for scoring and ranking results toward	42203
the awarding of redeemable vouchers or merchandise prizes that are	42204
stated prior to the start of the contest, competition, or	42205
tournament.	42206

(4) For purposes of division (AAA)(1) of this section, the	42207
mere presence of a device, such as a pin-setting, ball-releasing,	42208
or scoring mechanism, that does not contribute to or affect the	42209
outcome of the play of the game does not make the device a	42210
skill-based amusement machine.	42211

(BBB) "Merchandise prize" means any item of value, but shall	42212
not include any of the following:	42213

(1) Cash, gift cards, or any equivalent thereof;

42214

(2) Plays on games of chance, state lottery tickets, bingo,	42215
or instant bingo;	42216

(3) Firearms, tobacco, or alcoholic beverages; or

42217

(4) A redeemable voucher that is redeemable for any of the	42218
items listed in division (BBB)(1), (2), or (3) of this section.	42219

(CCC) "Redeemable voucher" means any ticket, token, coupon,	42220
receipt, or other noncash representation of value.	42221

(DDD) "Pool not conducted for profit" means a scheme in which	42222
a participant gives a valuable consideration for a chance to win a	42223
prize and the total amount of consideration wagered is distributed	42224
to a participant or participants.	42225

(EEE) "Sporting organization" means a hunting, fishing, or	42226
trapping organization, other than a college or high school	42227
fraternity or sorority, that is not organized for profit, that is	42228
affiliated with a state or national sporting organization,	42229
including but not limited to, the Ohio league of sportsmen, and	42230
that has been in continuous existence in this state for a period	42231
of three years.	42232

(FFF) "Community action agency" has the same meaning as in	42233
section 122.66 of the Revised Code.	42234

Sec. 2921.13. (A) No person shall knowingly make a false	42235
statement, or knowingly swear or affirm the truth of a false	42236
statement previously made, when any of the following applies:	42237

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

42238

(2) The statement is made with purpose to incriminate	42239
another.	42240

(3) The statement is made with purpose to mislead a public	42241
official in performing the public official's official function.	42242

(4) The statement is made with purpose to secure the payment	42243
of unemployment compensation; Ohio works first; prevention,	42244
retention, and contingency benefits and services; disability	42245
financial assistance; retirement benefits; economic development	42246
assistance, as defined in section 9.66 of the Revised Code; or	42247
other benefits administered by a governmental agency or paid out	42248
of a public treasury.	42249

(5) The statement is made with purpose to secure the issuance	42250
by a governmental agency of a license, permit, authorization,	42251
certificate, registration, release, or provider agreement.	42252

(6) The statement is sworn or affirmed before a notary public	42253
or another person empowered to administer oaths.	42254

(7) The statement is in writing on or in connection with a	42255
report or return that is required or authorized by law.	42256

(8) The statement is in writing and is made with purpose to	42257
induce another to extend credit to or employ the offender, to	42258
confer any degree, diploma, certificate of attainment, award of	42259
excellence, or honor on the offender, or to extend to or bestow	42260
upon the offender any other valuable benefit or distinction, when	42261
the person to whom the statement is directed relies upon it to	42262
that person's detriment.	42263

(9) The statement is made with purpose to commit or	42264
facilitate the commission of a theft offense.	42265

(10) The statement is knowingly made to a probate court in	42266
connection with any action, proceeding, or other matter within its	42267
jurisdiction, either orally or in a written document, including,	42268
but not limited to, an application, petition, complaint, or other	42269
pleading, or an inventory, account, or report.	42270

(11) The statement is made on an account, form, record,	42271
stamp, label, or other writing that is required by law.	42272

(12) The statement is made in connection with the purchase of	42273
a firearm, as defined in section 2923.11 of the Revised Code, and	42274
in conjunction with the furnishing to the seller of the firearm of	42275
a fictitious or altered driver's or commercial driver's license or	42276
permit, a fictitious or altered identification card, or any other	42277
document that contains false information about the purchaser's	42278
identity.	42279

(13) The statement is made in a document or instrument of	42280
writing that purports to be a judgment, lien, or claim of	42281
indebtedness and is filed or recorded with the secretary of state,	42282
a county recorder, or the clerk of a court of record.	42283

(14) ~~The statement is made with purpose to obtain an Ohio's~~	42284
~~best Rx program enrollment card under section 173.773 of the~~	42285
~~Revised Code or a payment under section 173.801 of the Revised~~	42286
~~Code.~~	42287

~~(15)~~ The statement is made in an application filed with a	42288
county sheriff pursuant to section 2923.125 of the Revised Code in	42289
order to obtain or renew a license to carry a concealed handgun or	42290
is made in an affidavit submitted to a county sheriff to obtain a	42291
temporary emergency license to carry a concealed handgun under	42292
section 2923.1213 of the Revised Code.	42293

~~(16)~~(15) The statement is required under section 5743.71 of	42294
the Revised Code in connection with the person's purchase of	42295
cigarettes or tobacco products in a delivery sale.	42296

(B) No person, in connection with the purchase of a firearm,	42297
as defined in section 2923.11 of the Revised Code, shall knowingly	42298
furnish to the seller of the firearm a fictitious or altered	42299
driver's or commercial driver's license or permit, a fictitious or	42300
altered identification card, or any other document that contains	42301
false information about the purchaser's identity.	42302

(C) No person, in an attempt to obtain a license to carry a	42303
concealed handgun under section 2923.125 of the Revised Code,	42304
shall knowingly present to a sheriff a fictitious or altered	42305
document that purports to be certification of the person's	42306
competence in handling a handgun as described in division (B)(3)	42307
of section 2923.125 of the Revised Code.	42308

(D) It is no defense to a charge under division (A)(6) of	42309
this section that the oath or affirmation was administered or	42310
taken in an irregular manner.	42311

(E) If contradictory statements relating to the same fact are	42312
made by the offender within the period of the statute of	42313
limitations for falsification, it is not necessary for the	42314
prosecution to prove which statement was false but only that one	42315
or the other was false.	42316

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	42317
(6), (7), (8), (10), (11), (13), ~~(14),~~ or ~~(16)~~(15) of this section	42318
is guilty of falsification, a misdemeanor of the first degree.	42319

(2) Whoever violates division (A)(9) of this section is	42320
guilty of falsification in a theft offense. Except as otherwise	42321
provided in this division, falsification in a theft offense is a	42322
misdemeanor of the first degree. If the value of the property or	42323
services stolen is five hundred dollars or more and is less than	42324
five thousand dollars, falsification in a theft offense is a	42325
felony of the fifth degree. If the value of the property or	42326
services stolen is five thousand dollars or more and is less than	42327
one hundred thousand dollars, falsification in a theft offense is	42328
a felony of the fourth degree. If the value of the property or	42329
services stolen is one hundred thousand dollars or more,	42330
falsification in a theft offense is a felony of the third degree.	42331

(3) Whoever violates division (A)(12) or (B) of this section	42332
is guilty of falsification to purchase a firearm, a felony of the	42333
fifth degree.	42334

(4) Whoever violates division (A)~~(15)~~(14) or (C) of this	42335
section is guilty of falsification to obtain a concealed handgun	42336
license, a felony of the fourth degree.	42337

(G) A person who violates this section is liable in a civil	42338
action to any person harmed by the violation for injury, death, or	42339
loss to person or property incurred as a result of the commission	42340
of the offense and for reasonable attorney's fees, court costs,	42341
and other expenses incurred as a result of prosecuting the civil	42342
action commenced under this division. A civil action under this	42343
division is not the exclusive remedy of a person who incurs	42344
injury, death, or loss to person or property as a result of a	42345
violation of this section.	42346

Sec. 2921.51. (A) As used in this section:

42347

(1) "Peace officer" means a sheriff, deputy sheriff, marshal,	42348
deputy marshal, member of the organized police department of a	42349
municipal corporation, or township constable, who is employed by a	42350
political subdivision of this state,; a member of a police force	42351
employed by a metropolitan housing authority under division (D) of	42352
section 3735.31 of the Revised Code,; a member of a police force	42353
employed by a regional transit authority under division (Y) of	42354
section 306.35 of the Revised Code,; a state university law	42355
enforcement officer appointed under section 3345.04 of the Revised	42356
Code,; a veterans' home police officer appointed under section	42357
5907.02 of the Revised Code,; a special police officer employed by	42358
a port authority under section 4582.04 or 4582.28 of the Revised	42359
Code,; an officer, agent, or employee of the state or any of its	42360
agencies, instrumentalities, or political subdivisions, upon whom,	42361
by statute, a duty to conserve the peace or to enforce all or	42362
certain laws is imposed and the authority to arrest violators is	42363
conferred, within limits of that statutory duty and authority; or	42364
a state highway patrol trooper ~~and~~ whose primary duties are to	42365
preserve the peace, to protect life and property, and to enforce	42366
the laws, ordinances, or rules of the state or any of its	42367
political subdivisions.	42368

(2) "Private police officer" means any security guard,	42369
special police officer, private detective, or other person who is	42370
privately employed in a police capacity.	42371

(3) "Federal law enforcement officer" means an employee of	42372
the United States who serves in a position the duties of which are	42373
primarily the investigation, apprehension, or detention of	42374
individuals suspected or convicted of offenses under the criminal	42375
laws of the United States.	42376

(4) "Impersonate" means to act the part of, assume the	42377
identity of, wear the uniform or any part of the uniform of, or	42378
display the identification of a particular person or of a member	42379
of a class of persons with purpose to make another person believe	42380
that the actor is that particular person or is a member of that	42381
class of persons.	42382

(5) "Investigator of the bureau of criminal identification	42383
and investigation" has the same meaning as in section 2903.11 of	42384
the Revised Code.	42385

(B) No person shall impersonate a peace officer, private	42386
police officer, ~~or a~~ federal law enforcement officer, or	42387
investigator of the bureau of criminal identification and	42388
investigation.	42389

(C) No person, by impersonating a peace officer, private	42390
police officer, ~~or a~~ federal law enforcement officer, or	42391
investigator of the bureau of criminal identification and	42392
investigation, shall arrest or detain any person, search any	42393
person, or search the property of any person.	42394

(D) No person, with purpose to commit or facilitate the	42395
commission of an offense, shall impersonate a peace officer,	42396
private police officer, a federal law enforcement officer,	42397
officer, agent, or employee of the state, or investigator of the	42398
bureau of criminal identification and investigation.	42399

(E) No person shall commit a felony while impersonating a	42400
peace officer, private police officer, a federal law enforcement	42401
officer, officer, agent, or employee of the state, or	42402
investigator of the bureau of criminal identification and	42403
investigation.	42404

(F) It is an affirmative defense to a charge under division	42405
(B) of this section that the impersonation of the peace officer,	42406
private police officer, or investigator of the bureau of criminal	42407
identification and investigation was for a lawful purpose.	42408

(G) Whoever violates division (B) of this section is guilty	42409
of a misdemeanor of the fourth degree. Whoever violates division	42410
(C) or (D) of this section is guilty of a misdemeanor of the first	42411
degree. If the purpose of a violation of division (D) of this	42412
section is to commit or facilitate the commission of a felony, a	42413
violation of division (D) is a felony of the fourth degree.	42414
Whoever violates division (E) of this section is guilty of a	42415
felony of the third degree.	42416

Sec. 2923.125. (A) Upon the request of a person who wishes	42417
to obtain a license to carry a concealed handgun or to renew a	42418
license to carry a concealed handgun, a sheriff, as provided in	42419
division (I) of this section, shall provide to the person free of	42420
charge an application form and ~~a copy of~~the web site address at	42421
which the pamphlet described in division (B) of section 109.731	42422
of the Revised Code may be found. A sheriff shall accept a	42423
completed application form and the fee, items, materials, and	42424
information specified in divisions (B)(1) to (5) of this section	42425
at the times and in the manners described in division (I) of this	42426
section.	42427

(B) An applicant for a license to carry a concealed handgun	42428
shall submit a completed application form and all of the following	42429
to the sheriff of the county in which the applicant resides or to	42430
the sheriff of any county adjacent to the county in which the	42431
applicant resides:	42432

(1)(a) A nonrefundable license fee ~~prescribed by the Ohio~~	42433
~~peace officer training commission pursuant to division (C) of~~	42434
~~section 109.731 of the Revised Code, except that the sheriff shall~~	42435
~~waive the payment of the license fee in connection with an initial~~	42436
~~or renewal application for a license that is submitted by an~~	42437
~~applicant who is a retired peace officer, a retired person~~	42438
~~described in division (B)(1)(b) of section 109.77 of the Revised~~	42439
~~Code, or a retired federal law enforcement officer who, prior to~~	42440
~~retirement, was authorized under federal law to carry a firearm in~~	42441
~~the course of duty, unless the retired peace officer, person, or~~	42442
~~federal law enforcement officer retired as the result of a mental~~	42443
~~disability;~~as described in either of the following:	42444

(i) For an applicant who has been a resident of this state	42445
for five or more years, a fee of sixty-seven dollars;	42446

(ii) For an applicant who has been a resident of this state	42447
for less than five years, a fee of sixty-seven dollars plus the	42448
actual cost of having a background check performed by the federal	42449
bureau of investigation.	42450

(b) No sheriff shall require an applicant to pay for the cost	42451
of a background check performed by the bureau of criminal	42452
identification and investigation.	42453

(c) A sheriff shall waive the payment of the license fee	42454
described in division (B)(1)(a) of this section in connection with	42455
an initial or renewal application for a license that is submitted	42456
by an applicant who is a retired peace officer, a retired person	42457
described in division (B)(1)(b) of section 109.77 of the Revised	42458
Code, or a retired federal law enforcement officer who, prior to	42459
retirement, was authorized under federal law to carry a firearm in	42460
the course of duty, unless the retired peace officer, person, or	42461
federal law enforcement officer retired as the result of a mental	42462
disability.	42463

(d) The sheriff shall deposit all fees paid by an applicant	42464
under division (B)(1)(a) of this section into the sheriff's	42465
concealed handgun license issuance fund established pursuant to	42466
section 311.42 of the Revised Code. The county shall distribute	42467
the fees in accordance with section 311.42 of the Revised Code.	42468

(2) A color photograph of the applicant that was taken within	42469
thirty days prior to the date of the application;	42470

(3) One or more of the following competency certifications,	42471
each of which shall reflect that, regarding a certification	42472
described in division (B)(3)(a), (b), (c), (e), or (f) of this	42473
section, within the three years immediately preceding the	42474
application the applicant has performed that to which the	42475
competency certification relates and that, regarding a	42476
certification described in division (B)(3)(d) of this section, the	42477
applicant currently is an active or reserve member of the armed	42478
forces of the United States or within the six years immediately	42479
preceding the application the honorable discharge or retirement to	42480
which the competency certification relates occurred:	42481

(a) An original or photocopy of a certificate of completion	42482
of a firearms safety, training, or requalification or firearms	42483
safety instructor course, class, or program that was offered by or	42484
under the auspices of the national rifle association and that	42485
complies with the requirements set forth in division (G) of this	42486
section;	42487

(b) An original or photocopy of a certificate of completion	42488
of a firearms safety, training, or requalification or firearms	42489
safety instructor course, class, or program that satisfies all of	42490
the following criteria:	42491

(i) It was open to members of the general public.

42492

(ii) It utilized qualified instructors who were certified by	42493
the national rifle association, the executive director of the Ohio	42494
peace officer training commission pursuant to section 109.75 or	42495
109.78 of the Revised Code, or a governmental official or entity	42496
of another state.	42497

(iii) It was offered by or under the auspices of a law	42498
enforcement agency of this or another state or the United States,	42499
a public or private college, university, or other similar	42500
postsecondary educational institution located in this or another	42501
state, a firearms training school located in this or another	42502
state, or another type of public or private entity or organization	42503
located in this or another state.	42504

(iv) It complies with the requirements set forth in division	42505
(G) of this section.	42506

(c) An original or photocopy of a certificate of completion	42507
of a state, county, municipal, or department of natural resources	42508
peace officer training school that is approved by the executive	42509
director of the Ohio peace officer training commission pursuant to	42510
section 109.75 of the Revised Code and that complies with the	42511
requirements set forth in division (G) of this section, or the	42512
applicant has satisfactorily completed and been issued a	42513
certificate of completion of a basic firearms training program, a	42514
firearms requalification training program, or another basic	42515
training program described in section 109.78 or 109.801 of the	42516
Revised Code that complies with the requirements set forth in	42517
division (G) of this section;	42518

(d) A document that evidences both of the following:

42519

(i) That the applicant is an active or reserve member of the	42520
armed forces of the United States, was honorably discharged from	42521
military service in the active or reserve armed forces of the	42522
United States, is a retired trooper of the state highway patrol,	42523
or is a retired peace officer or federal law enforcement officer	42524
described in division (B)(1) of this section or a retired person	42525
described in division (B)(1)(b) of section 109.77 of the Revised	42526
Code and division (B)(1) of this section;	42527

(ii) That, through participation in the military service or	42528
through the former employment described in division (B)(3)(d)(i)	42529
of this section, the applicant acquired experience with handling	42530
handguns or other firearms, and the experience so acquired was	42531
equivalent to training that the applicant could have acquired in a	42532
course, class, or program described in division (B)(3)(a), (b), or	42533
(c) of this section.	42534

(e) A certificate or another similar document that evidences	42535
satisfactory completion of a firearms training, safety, or	42536
requalification or firearms safety instructor course, class, or	42537
program that is not otherwise described in division (B)(3)(a),	42538
(b), (c), or (d) of this section, that was conducted by an	42539
instructor who was certified by an official or entity of the	42540
government of this or another state or the United States or by the	42541
national rifle association, and that complies with the	42542
requirements set forth in division (G) of this section;	42543

(f) An affidavit that attests to the applicant's satisfactory	42544
completion of a course, class, or program described in division	42545
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	42546
by the applicant's instructor or an authorized representative of	42547
the entity that offered the course, class, or program or under	42548
whose auspices the course, class, or program was offered.	42549

(4) A certification by the applicant that the applicant has	42550
read the pamphlet prepared by the Ohio peace officer training	42551
commission pursuant to section 109.731 of the Revised Code that	42552
reviews firearms, dispute resolution, and use of deadly force	42553
matters.	42554

(5) A set of fingerprints of the applicant provided as	42555
described in section 311.41 of the Revised Code through use of an	42556
electronic fingerprint reading device or, if the sheriff to whom	42557
the application is submitted does not possess and does not have	42558
ready access to the use of such a reading device, on a standard	42559
impression sheet prescribed pursuant to division (C)(2) of section	42560
109.572 of the Revised Code.	42561

(C) Upon receipt of an applicant's completed application	42562
form, supporting documentation, and, if not waived, license fee, a	42563
sheriff, in the manner specified in section 311.41 of the Revised	42564
Code, shall conduct or cause to be conducted the criminal records	42565
check and the incompetency records check described in section	42566
311.41 of the Revised Code.	42567

(D)(1) Except as provided in division (D)(3) or (4) of this	42568
section, within forty-five days after a sheriff's receipt of an	42569
applicant's completed application form for a license to carry a	42570
concealed handgun, the supporting documentation, and, if not	42571
waived, the license fee, the sheriff shall make available through	42572
the law enforcement automated data system in accordance with	42573
division (H) of this section the information described in that	42574
division and, upon making the information available through the	42575
system, shall issue to the applicant a license to carry a	42576
concealed handgun that shall expire as described in division	42577
(D)(2)(a) of this section if all of the following apply:	42578

(a) The applicant is legally living in the United States, has	42579
been a resident of this state for at least forty-five days, and	42580
has been a resident of the county in which the person seeks the	42581
license or a county adjacent to the county in which the person	42582
seeks the license for at least thirty days. For purposes of	42583
division (D)(1)(a) of this section:	42584

(i) If a person is absent from the United States, from this	42585
state, or from a particular county in this state in compliance	42586
with military or naval orders as an active or reserve member of	42587
the armed forces of the United States and if prior to leaving this	42588
state in compliance with those orders the person was legally	42589
living in the United States and was a resident of this state, the	42590
person, solely by reason of that absence, shall not be considered	42591
to have lost the person's status as living in the United States or	42592
the person's residence in this state or in the county in which the	42593
person was a resident prior to leaving this state in compliance	42594
with those orders, without regard to whether or not the person	42595
intends to return to this state or to that county, shall not be	42596
considered to have acquired a residence in any other state, and	42597
shall not be considered to have become a resident of any other	42598
state.	42599

(ii) If a person is present in this state in compliance with	42600
military or naval orders as an active or reserve member of the	42601
armed forces of the United States for at least forty-five days,	42602
the person shall be considered to have been a resident of this	42603
state for that period of at least forty-five days, and, if a	42604
person is present in a county of this state in compliance with	42605
military or naval orders as an active or reserve member of the	42606
armed forces of the United States for at least thirty days, the	42607
person shall be considered to have been a resident of that county	42608
for that period of at least thirty days.	42609

(b) The applicant is at least twenty-one years of age.

42610

42611

(d) The applicant is not under indictment for or otherwise	42612
charged with a felony; an offense under Chapter 2925., 3719., or	42613
4729. of the Revised Code that involves the illegal possession,	42614
use, sale, administration, or distribution of or trafficking in a	42615
drug of abuse; a misdemeanor offense of violence; or a violation	42616
of section 2903.14 or 2923.1211 of the Revised Code.	42617

(e) Except as otherwise provided in division (D)(5) of this	42618
section, the applicant has not been convicted of or pleaded	42619
guilty to a felony or an offense under Chapter 2925., 3719., or	42620
4729. of the Revised Code that involves the illegal possession,	42621
use, sale, administration, or distribution of or trafficking in a	42622
drug of abuse; has not been adjudicated a delinquent child for	42623
committing an act that if committed by an adult would be a felony	42624
or would be an offense under Chapter 2925., 3719., or 4729. of	42625
the Revised Code that involves the illegal possession, use, sale,	42626
administration, or distribution of or trafficking in a drug of	42627
abuse; and has not been convicted of, pleaded guilty to, or	42628
adjudicated a delinquent child for committing a violation of	42629
section 2903.13 of the Revised Code when the victim of the	42630
violation is a peace officer, regardless of whether the applicant	42631
was sentenced under division (C)(3) of that section.	42632

(f) Except as otherwise provided in division (D)(5) of this	42633
section, the applicant, within three years of the date of the	42634
application, has not been convicted of or pleaded guilty to a	42635
misdemeanor offense of violence other than a misdemeanor violation	42636
of section 2921.33 of the Revised Code or a violation of section	42637
2903.13 of the Revised Code when the victim of the violation is a	42638
peace officer, or a misdemeanor violation of section 2923.1211 of	42639
the Revised Code; and has not been adjudicated a delinquent child	42640
for committing an act that if committed by an adult would be a	42641
misdemeanor offense of violence other than a misdemeanor violation	42642
of section 2921.33 of the Revised Code or a violation of section	42643
2903.13 of the Revised Code when the victim of the violation is a	42644
peace officer or for committing an act that if committed by an	42645
adult would be a misdemeanor violation of section 2923.1211 of the	42646
Revised Code.	42647

(g) Except as otherwise provided in division (D)(1)(e) of	42648
this section, the applicant, within five years of the date of the	42649
application, has not been convicted of, pleaded guilty to, or	42650
adjudicated a delinquent child for committing two or more	42651
violations of section 2903.13 or 2903.14 of the Revised Code.	42652

(h) Except as otherwise provided in division (D)(5) of this	42653
section, the applicant, within ten years of the date of the	42654
application, has not been convicted of, pleaded guilty to, or	42655
adjudicated a delinquent child for committing a violation of	42656
section 2921.33 of the Revised Code.	42657

(i) The applicant has not been adjudicated as a mental	42658
defective, has not been committed to any mental institution, is	42659
not under adjudication of mental incompetence, has not been found	42660
by a court to be a mentally ill person subject to hospitalization	42661
by court order, and is not an involuntary patient other than one	42662
who is a patient only for purposes of observation. As used in this	42663
division, "mentally ill person subject to hospitalization by court	42664
order" and "patient" have the same meanings as in section 5122.01	42665
of the Revised Code.	42666

(j) The applicant is not currently subject to a civil	42667
protection order, a temporary protection order, or a protection	42668
order issued by a court of another state.	42669

(k) The applicant certifies that the applicant desires a	42670
legal means to carry a concealed handgun for defense of the	42671
applicant or a member of the applicant's family while engaged in	42672
lawful activity.	42673

(l) The applicant submits a competency certification of the	42674
type described in division (B)(3) of this section and submits a	42675
certification of the type described in division (B)(4) of this	42676
section regarding the applicant's reading of the pamphlet prepared	42677
by the Ohio peace officer training commission pursuant to section	42678
109.731 of the Revised Code.	42679

(m) The applicant currently is not subject to a suspension	42680
imposed under division (A)(2) of section 2923.128 of the Revised	42681
Code of a license to carry a concealed handgun, or a temporary	42682
emergency license to carry a concealed handgun, that previously	42683
was issued to the applicant under this section or section	42684
2923.1213 of the Revised Code.	42685

(2)(a) A license to carry a concealed handgun that a sheriff	42686
issues under division (D)(1) of this section on or after March 14,	42687
2007, shall expire five years after the date of issuance. A	42688
license to carry a concealed handgun that a sheriff issued under	42689
division (D)(1) of this section prior to March 14, 2007, shall	42690
expire four years after the date of issuance.	42691

If a sheriff issues a license under this section, the sheriff	42692
shall place on the license a unique combination of letters and	42693
numbers identifying the license in accordance with the procedure	42694
prescribed by the Ohio peace officer training commission pursuant	42695
to section 109.731 of the Revised Code.	42696

(b) If a sheriff denies an application under this section	42697
because the applicant does not satisfy the criteria described in	42698
division (D)(1) of this section, the sheriff shall specify the	42699
grounds for the denial in a written notice to the applicant. The	42700
applicant may appeal the denial pursuant to section 119.12 of the	42701
Revised Code in the county served by the sheriff who denied the	42702
application. If the denial was as a result of the criminal records	42703
check conducted pursuant to section 311.41 of the Revised Code and	42704
if, pursuant to section 2923.127 of the Revised Code, the	42705
applicant challenges the criminal records check results using the	42706
appropriate challenge and review procedure specified in that	42707
section, the time for filing the appeal pursuant to section 119.12	42708
of the Revised Code and this division is tolled during the	42709
pendency of the request or the challenge and review. If the court	42710
in an appeal under section 119.12 of the Revised Code and this	42711
division enters a judgment sustaining the sheriff's refusal to	42712
grant to the applicant a license to carry a concealed handgun, the	42713
applicant may file a new application beginning one year after the	42714
judgment is entered. If the court enters a judgment in favor of	42715
the applicant, that judgment shall not restrict the authority of a	42716
sheriff to suspend or revoke the license pursuant to section	42717
2923.128 or 2923.1213 of the Revised Code or to refuse to renew	42718
the license for any proper cause that may occur after the date the	42719
judgment is entered. In the appeal, the court shall have full	42720
power to dispose of all costs.	42721

(3) If the sheriff with whom an application for a license to	42722
carry a concealed handgun was filed under this section becomes	42723
aware that the applicant has been arrested for or otherwise	42724
charged with an offense that would disqualify the applicant from	42725
holding the license, the sheriff shall suspend the processing of	42726
the application until the disposition of the case arising from the	42727
arrest or charge.	42728

(4) If the sheriff determines that the applicant is legally	42729
living in the United States and is a resident of the county in	42730
which the applicant seeks the license or of an adjacent county but	42731
does not yet meet the residency requirements described in division	42732
(D)(1)(a) of this section, the sheriff shall not deny the license	42733
because of the residency requirements but shall not issue the	42734
license until the applicant meets those residency requirements.	42735

(5) If an applicant has been convicted of or pleaded guilty	42736
to an offense identified in division (D)(1)(e), (f), or (h) of	42737
this section or has been adjudicated a delinquent child for	42738
committing an act or violation identified in any of those	42739
divisions, and if a court has ordered the sealing or expungement	42740
of the records of that conviction, guilty plea, or adjudication	42741
pursuant to sections 2151.355 to 2151.358 or sections 2953.31 to	42742
2953.36 of the Revised Code or a court has granted the applicant	42743
relief pursuant to section 2923.14 of the Revised Code from the	42744
disability imposed pursuant to section 2923.13 of the Revised Code	42745
relative to that conviction, guilty plea, or adjudication, the	42746
sheriff with whom the application was submitted shall not consider	42747
the conviction, guilty plea, or adjudication in making a	42748
determination under division (D)(1) or (F) of this section or, in	42749
relation to an application for a temporary emergency license to	42750
carry a concealed handgun submitted under section 2923.1213 of the	42751
Revised Code, in making a determination under division (B)(2) of	42752
that section.	42753

(E) If a license to carry a concealed handgun issued under	42754
this section is lost or is destroyed, the licensee may obtain from	42755
the sheriff who issued that license a duplicate license upon the	42756
payment of a fee of fifteen dollars and the submission of an	42757
affidavit attesting to the loss or destruction of the license. The	42758
sheriff, in accordance with the procedures prescribed in section	42759
109.731 of the Revised Code, shall place on the replacement	42760
license a combination of identifying numbers different from the	42761
combination on the license that is being replaced.	42762

(F)(1) A licensee who wishes to renew a license to carry a	42763
concealed handgun issued under this section shall do so not	42764
earlier than ninety days before the expiration date of the license	42765
or at any time after the expiration date of the license by	42766
filing with the sheriff of the county in which the applicant	42767
resides or with the sheriff of an adjacent county an application	42768
for renewal of the license obtained pursuant to division (D) of	42769
this section, a certification by the applicant that, subsequent	42770
to the issuance of the license, the applicant has reread the	42771
pamphlet prepared by the Ohio peace officer training commission	42772
pursuant to section 109.731 of the Revised Code that reviews	42773
firearms, dispute resolution, and use of deadly force matters, a	42774
nonrefundable license renewal fee in an amount determined pursuant	42775
to division (F)(4) of this section unless the fee is waived, and	42776
one of the following:	42777

(a) If the licensee previously has not renewed a license to	42778
carry a concealed handgun issued under this section, proof that	42779
the licensee at one time had a competency certification of the	42780
type described in division (B)(3) of this section. A valid	42781
license, expired license, or any other previously issued license	42782
that has not been revoked is prima-facie evidence that the	42783
licensee at one time had a competency certification of the type	42784
described in division (B)(3) of this section.	42785

(b) If the licensee previously has renewed a license to carry	42786
a concealed handgun issued under this section, a renewed	42787
competency certification of the type described in division (G)(4)	42788
of this section.	42789

(2) A sheriff shall accept a completed renewal application,	42790
the license renewal fee, and information specified in division	42791
(F)(1) of this section at the times and in the manners described	42792
in division (I) of this section. Upon receipt of a completed	42793
renewal application, of certification that the applicant has	42794
reread the specified pamphlet prepared by the Ohio peace	42795
officer training commission, of proof of a prior competency	42796
certification for an initial renewal or of a renewed competency	42797
certification for a second or subsequent renewal, and of a	42798
license renewal fee unless the fee is waived, a sheriff, in the	42799
manner specified in section 311.41 of the Revised Code shall	42800
conduct or cause to be conducted the criminal records check and	42801
the incompetency records check described in section 311.41 of	42802
the Revised Code. The sheriff shall renew the license if the	42803
sheriff determines that the applicant continues to satisfy the	42804
requirements described in division (D)(1) of this section, except	42805
that the applicant is not required to meet the requirements of	42806
division (D)(1)(l) of this section. A renewed license that is	42807
renewed on or after March 14, 2007, shall expire five years	42808
after the date of issuance, and a renewed license that is	42809
renewed prior to March 14, 2007, shall expire four years after	42810
the date of issuance. A renewed license is subject to division	42811
(E) of this section and sections 2923.126 and 2923.128 of the	42812
Revised Code. A sheriff shall comply with divisions (D)(2) to	42813
(4) of this section when the circumstances described in those	42814
divisions apply to a requested license renewal. If a sheriff	42815
denies the renewal of a license to carry a concealed handgun,	42816
the applicant may appeal the denial, or challenge the criminal	42817
record check results that were the basis of the denial if	42818
applicable, in the same manner as specified in division	42819
(D)(2)(b) of this section and in section 2923.127 of the Revised	42820
Code, regarding the denial of a license under this section.	42821

(3) A renewal application submitted pursuant to division (F)	42822
of this section shall only require the licensee to list on the	42823
application form information and matters occurring since the date	42824
of the licensee's last application for a license pursuant to	42825
division (B) or (F) of this section. A sheriff conducting the	42826
criminal records check and the incompetency records check	42827
described in section 311.41 of the Revised Code shall conduct the	42828
check only from the date of the licensee's last application for a	42829
license pursuant to division (B) or (F) of this section through	42830
the date of the renewal application submitted pursuant to division	42831
(F) of this section.	42832

(4) An applicant for a renewal license to carry a concealed	42833
handgun shall submit to the sheriff of the county in which the	42834
applicant resides or to the sheriff of any county adjacent to the	42835
county in which the applicant resides a nonrefundable license fee	42836
as described in either of the following:	42837

(a) For an applicant who has been a resident of this state	42838
for five or more years, a fee of fifty dollars;	42839

(b) For an applicant who has been a resident of this state	42840
for less than five years, a fee of fifty dollars plus the actual	42841
cost of having a background check performed by the federal bureau	42842
of investigation.	42843

(G)(1) Each course, class, or program described in division	42844
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	42845
person who takes the course, class, or program ~~a copy of~~the web	42846
site address at which the pamphlet prepared by the Ohio peace	42847
officer training commission pursuant to section 109.731 of the	42848
Revised Code that reviews firearms, dispute resolution, and use	42849
of deadly force matters may be found. Each such course, class, or	42850
program described in one of those divisions shall include at	42851
least twelve hours of training in the safe handling and use of a	42852
firearm that shall include all of the following:	42853

(a) At least ten hours of training on the following matters:

42854

(i) The ability to name, explain, and demonstrate the rules	42855
for safe handling of a handgun and proper storage practices for	42856
handguns and ammunition;	42857

(ii) The ability to demonstrate and explain how to handle	42858
ammunition in a safe manner;	42859

(iii) The ability to demonstrate the knowledge, skills, and	42860
attitude necessary to shoot a handgun in a safe manner;	42861

(iv) Gun handling training.

42862

(b) At least two hours of training that consists of range	42863
time and live-fire training.	42864

(2) To satisfactorily complete the course, class, or program	42865
described in division (B)(3)(a), (b), (c), or (e) of this section,	42866
the applicant shall pass a competency examination that shall	42867
include both of the following:	42868

(a) A written section on the ability to name and explain the	42869
rules for the safe handling of a handgun and proper storage	42870
practices for handguns and ammunition;	42871

(b) A physical demonstration of competence in the use of a	42872
handgun and in the rules for safe handling and storage of a	42873
handgun and a physical demonstration of the attitude necessary to	42874
shoot a handgun in a safe manner.	42875

(3) The competency certification described in division	42876
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	42877
shall attest that the course, class, or program the applicant	42878
successfully completed met the requirements described in division	42879
(G)(1) of this section and that the applicant passed the	42880
competency examination described in division (G)(2) of this	42881
section.	42882

(4) A person who previously has received a competency	42883
certification as described in division (B)(3) of this section, or	42884
who previously has received a renewed competency certification as	42885
described in this division, may obtain a renewed competency	42886
certification pursuant to this division. If the person previously	42887
has received a competency certification or previously has	42888
received a renewed competency certification, the person may	42889
obtain a renewed competency certification from an entity that	42890
offers a course, class, or program described in division	42891
(B)(3)(a), (b), (c), or (e) of this section by passing a test	42892
that demonstrates that the person is range competent. In these	42893
circumstances, the person is not required to attend the course,	42894
class, or program or to take the competency examination described	42895
in division (G)(2) of this section for the renewed competency	42896
certification in order to be eligible to receive a renewed	42897
competency certification. A renewed competency certification	42898
issued under this division shall be dated and shall attest that	42899
the person has demonstrated range competency.	42900

(H) Upon deciding to issue a license, deciding to issue a	42901
replacement license, or deciding to renew a license to carry a	42902
concealed handgun pursuant to this section, and before actually	42903
issuing or renewing the license, the sheriff shall make available	42904
through the law enforcement automated data system all information	42905
contained on the license. If the license subsequently is suspended	42906
under division (A)(1) or (2) of section 2923.128 of the Revised	42907
Code, revoked pursuant to division (B)(1) of section 2923.128 of	42908
the Revised Code, or lost or destroyed, the sheriff also shall	42909
make available through the law enforcement automated data system a	42910
notation of that fact. The superintendent of the state highway	42911
patrol shall ensure that the law enforcement automated data system	42912
is so configured as to permit the transmission through the system	42913
of the information specified in this division.	42914

(I) A sheriff shall accept a completed application form or	42915
renewal application, and the fee, items, materials, and	42916
information specified in divisions (B)(1) to (5) or division (F)	42917
of this section, whichever is applicable, and shall provide an	42918
application form or renewal application ~~and a copy of the pamphlet~~	42919
~~described in division (B) of section 109.731 of the Revised Code~~	42920
to any person during at least fifteen hours a week and shall	42921
provide the web site address at which the pamphlet described in	42922
division (B) of section 109.731 of the Revised Code may be found	42923
at any time, upon request. The sheriff shall post notice of the	42924
hours during which the sheriff is available to accept or provide	42925
the information described in this division.	42926

Sec. 2923.1210. The application for a license to carry a	42927
concealed handgun or for the renewal of a license of that nature	42928
that is to be used under section 2923.125 of the Revised Code	42929
shall conform substantially to the following ~~form~~forms:	42930

"Ohio Peace Officer Training Commission		APPLICATION FOR A LICENSE TO CARRY A CONCEALED HANDGUN				42931
		Please Type or Print in Ink				42932

SECTION I.				42933
This application will not be processed unless all applicable questions have been answered and until all required supporting documents as described in division (B) or (F) of section 2923.125 of the Ohio Revised Code and, unless waived, a cashier's check, certified check, or money order in the amount of the applicable license fee or license renewal fee have been submitted. FEES ARE NONREFUNDABLE.				42934

SECTION II.	42935

Name:	42936

Last		First		Middle		42937
						42938

Social Security Number: ...............................	42939

Current Residence:	42940

Street	City	State	County	Zip		42941
............	............	............	...........	............		42942

Mailing Address (If Different From Above):	42943

Street	City	State	Zip		42944
............	............	............	..............		42945

Date of Birth		Place of Birth		Sex		Race		Residence Telephone		42946
...../..../....		............		....		.....		(...).........		42947

SECTION III. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED YES OR NO	42948

(1)(a) Are you legally living in the United States?	.... YES	.... NO	42949
(b) Have you been a resident of Ohio for at least forty-five days and have you been a resident for thirty days of the county with whose sheriff you are filing this application or of a county adjacent to that county?	.... YES	.... NO	42950
(2) Are you at least twenty-one years of age?	.... YES	.... NO	42951
(3) Are you a fugitive from justice?	.... YES	.... NO	42952
(4) Are you under indictment for a felony, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of or pleaded guilty to a felony, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been adjudicated a delinquent child for committing an act that would be a felony if committed by an adult?	.... YES	.... NO	42953
(5) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of or pleaded guilty to, an offense under Chapter 2925., 3719., or 4729. of the Ohio Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been adjudicated a delinquent child for committing an act that would be an offense of that nature if committed by an adult?	.... YES	.... NO	42954
(6) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been convicted of or pleaded guilty to within three years of the date of this application, a misdemeanor that is an offense of violence or the offense of possessing a revoked or suspended concealed handgun license, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been adjudicated a delinquent child within three years of the date of this application for committing an act that would be a misdemeanor of that nature if committed by an adult?	.... YES	.... NO	42955
(7) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been convicted of or pleaded guilty to within ten years of the date of this application, resisting arrest, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been adjudicated a delinquent child for committing, within ten years of the date of this application an act that if committed by an adult would be the offense of resisting arrest?	.... YES	.... NO	42956
(8)(a) Are you under indictment for or otherwise charged with assault or negligent assault?	.... YES	.... NO	42957
(b) Have you been convicted of, pleaded guilty to, or adjudicated a delinquent child two or more times for committing assault or negligent assault within five years of the date of this application?	.... YES	.... NO	42958
(c) Except for a conviction, guilty plea, or delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of, pleaded guilty to, or adjudicated a delinquent child for assaulting a peace officer?	.... YES	.... NO	42959
(9)(a) Have you ever been adjudicated as a mental defective?	.... YES	.... NO	42960
(b) Have you ever been committed to a mental institution?	.... YES	.... NO	42961
(10) Are you currently subject to a civil protection order, a temporary protection order, or a protection order issued by a court of another state?	.... YES	.... NO	42962
(11) Are you currently subject to a suspension imposed under division (A)(2) of section 2923.128 of the Revised Code of a license to carry a concealed handgun, or a temporary emergency license to carry a concealed handgun, that previously was issued to you?	.... YES	.... NO	42963

SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY	42964
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH	42965
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU	42966
ATTAINED EIGHTEEN YEARS OF AGE AND UNTIL YOU COMMENCED YOUR	42967
RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II OF THIS FORM,	42968
AND THE DATES OF RESIDENCE AT EACH OF THOSE ADDRESSES. IF YOU NEED	42969
MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT	42970
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	42971
AT THE END OF THIS SECTION.	42972

Residence 1:	42973

Street	City	State	County	Zip	42974
..........	..........	..........	..........	..........	42975
Dates of residence at this address				42976

Residence 2:	42977

Street	City	State	County	Zip	42978
..........	..........	..........	..........	..........	42979
Dates of residence at this address				42980

Residence 3:	42981

Street	City	State	County	Zip	42982
..........	..........	..........	..........	..........	42983
Dates of residence at this address				42984

Residence 4:	42985

Street	City	State	County	Zip	42986
..........	..........	..........	..........	..........	42987
Dates of residence at this address				42988

SECTION V.	42989

YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY ANSWERING THE	42990
QUESTION POSED IN PART (1) AND, IF THE ANSWER TO THE QUESTION IS	42991
"YES," BY PROVIDING IN PART (2) THE INFORMATION SPECIFIED. IF YOU	42992
NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT	42993
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	42994
AT THE END OF THIS SECTION.	42995

(1) Have you previously applied in any county in Ohio or in any other state for a license to carry a concealed handgun or a temporary emergency license to carry a concealed handgun?

.... YES

.... NO

42996

(2) If your answer to the question in part (1) of this section of	42997
the application is "yes," you must complete this part by listing	42998
each county in Ohio, and each other state, in which you previously	42999
applied for either type of license and, to the best of your	43000
knowledge, the date on which you made the application.	43001

Previous application made in .............. (insert name of Ohio	43002
county or other state) on ............... (insert date of	43003
application.)	43004

Previous application made in .............. (insert name of Ohio	43005
county or other state) on ............... (insert date of	43006
application.)	43007

Previous application made in .............. (insert name of Ohio	43008
county or other state) on ............... (insert date of	43009
application.)	43010

Previous application made in .............. (insert name of Ohio	43011
county or other state) on ............... (insert date of	43012
application.)	43013

SECTION VI.	43014

AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR	43015
SUBMITS FALSE INFORMATION ON, OR A FALSE DOCUMENT WITH THE	43016
APPLICATION MAY BE PROSECUTED FOR FALSIFICATION TO OBTAIN A	43017
CONCEALED HANDGUN LICENSE, A FELONY OF THE FOURTH DEGREE, IN	43018
VIOLATION OF SECTION 2921.13 OF THE OHIO REVISED CODE.	43019

(1) I have ~~been furnished, and have~~ read , the pamphlet that	43020
explains the Ohio firearms laws, that provides instruction in	43021
dispute resolution and explains the Ohio laws related to that	43022
matter, and that provides information regarding all aspects	43023
of the use of deadly force with a firearm, and I am	43024
knowledgeable of the provisions of those laws and of the	43025
information on those matters.	43026

(2) I desire a legal means to carry a concealed handgun for	43027
defense of myself or a member of my family while engaged in	43028
lawful activity.	43029

(3) I have never been convicted of or pleaded guilty to a crime of	43030
violence in the state of Ohio or elsewhere (if you have been	43031
convicted of or pleaded guilty to such a crime, but the	43032
records of that conviction or guilty plea have been sealed or	43033
expunged by court order or a court has granted relief	43034
pursuant to section 2923.14 of the Revised Code from the	43035
disability imposed pursuant to section 2923.13 of the Revised	43036
Code relative to that conviction or guilty plea, you may	43037
treat the conviction or guilty plea for purposes of this	43038
paragraph as if it never had occurred). I am of sound mind. I	43039
hereby certify that the statements contained herein are true	43040
and correct to the best of my knowledge and belief. I	43041
understand that if I knowingly make any false statements	43042
herein I am subject to penalties prescribed by law. I	43043
authorize the sheriff or the sheriff's designee to inspect	43044
only those records or documents relevant to information	43045
required for this application.	43046

(4) The information contained in this application and all attached	43047
documents are true and correct to the best of my knowledge.	43048

			43049
	Signature of Applicant"		43050

"Ohio Peace Officer Training Commission		APPLICATION TO RENEW A LICENSE TO CARRY A CONCEALED HANDGUN				43051
		Please Type or Print in Ink				43052

SECTION I.				43053
This application will not be processed unless all applicable questions have been answered and until all required supporting documents as described in division (B) or (F) of section 2923.125 of the Ohio Revised Code and, unless waived, a cashier's check, certified check, or money order in the amount of the applicable license fee or license renewal fee have been submitted. FEES ARE NONREFUNDABLE.				43054

SECTION II.	43055

Name:	43056

Last		First		Middle		43057
						43058

Social Security Number: ...............................	43059

Current Residence:	43060

Street	City	State	County	Zip		43061
............	............	............	...........	............		43062

Mailing Address (If Different From Above):	43063

Street	City	State	Zip		43064
............	............	............	..............		43065

Date of Birth		Place of Birth		Sex		Race		Residence Telephone		43066
...../..../....		............		....		.....		(...).........		43067

SECTION III. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED YES OR NO	43068

(1)(a) Are you legally living in the United States?	.... YES	.... NO	43069
(b) Have you been a resident of Ohio for at least forty-five days and have you been a resident for thirty days of the county with whose sheriff you are filing this application or of a county adjacent to that county?	.... YES	.... NO	43070
(2) Are you at least twenty-one years of age?	.... YES	.... NO	43071
(3) Are you a fugitive from justice?	.... YES	.... NO	43072
(4) Are you under indictment for a felony, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of or pleaded guilty to a felony, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been adjudicated a delinquent child for committing an act that would be a felony if committed by an adult?	.... YES	.... NO	43073
(5) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of or pleaded guilty to, an offense under Chapter 2925., 3719., or 4729. of the Ohio Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been adjudicated a delinquent child for committing an act that would be an offense of that nature if committed by an adult?	.... YES	.... NO	43074
(6) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been convicted of or pleaded guilty to within three years of the date of this application, a misdemeanor that is an offense of violence or the offense of possessing a revoked or suspended concealed handgun license, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been adjudicated a delinquent child within three years of the date of this application for committing an act that would be a misdemeanor of that nature if committed by an adult?	.... YES	.... NO	43075
(7) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been convicted of or pleaded guilty to within ten years of the date of this application, resisting arrest, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been adjudicated a delinquent child for committing, within ten years of the date of this application an act that if committed by an adult would be the offense of resisting arrest?	.... YES	.... NO	43076
(8)(a) Are you under indictment for or otherwise charged with assault or negligent assault?	.... YES	.... NO	43077
(b) Have you been convicted of, pleaded guilty to, or adjudicated a delinquent child two or more times for committing assault or negligent assault within five years of the date of this application?	.... YES	.... NO	43078
(c) Except for a conviction, guilty plea, or delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of, pleaded guilty to, or adjudicated a delinquent child for assaulting a peace officer?	.... YES	.... NO	43079
(9)(a) Have you ever been adjudicated as a mental defective?	.... YES	.... NO	43080
(b) Have you ever been committed to a mental institution?	.... YES	.... NO	43081
(10) Are you currently subject to a civil protection order, a temporary protection order, or a protection order issued by a court of another state?	.... YES	.... NO	43082
(11) Are you currently subject to a suspension imposed under division (A)(2) of section 2923.128 of the Revised Code of a license to carry a concealed handgun, or a temporary emergency license to carry a concealed handgun, that previously was issued to you?	.... YES	.... NO	43083

SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY	43084
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH	43085
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU	43086
LAST APPLIED FOR AN OHIO CONCEALED HANDGUN LICENSE THROUGH THE	43087
TIME YOU COMMENCED YOUR RESIDENCE AT THE LOCATION IDENTIFIED IN	43088
SECTION II OF THIS FORM, AND THE DATES OF RESIDENCE AT EACH OF	43089
THOSE ADDRESSES. IF YOU NEED MORE SPACE, COMPLETE AN ADDITIONAL	43090
SHEET WITH THE RELEVANT INFORMATION, ATTACH IT TO THE	43091
APPLICATION, AND NOTE THE ATTACHMENT AT THE END OF THIS SECTION.	43092

Residence 1:	43093

Street	City	State	County	Zip	43094
..........	..........	..........	..........	..........	43095
Dates of residence at this address				43096

Residence 2:	43097

Street	City	State	County	Zip	43098
..........	..........	..........	..........	..........	43099
Dates of residence at this address				43100

Residence 3:	43101

Street	City	State	County	Zip	43102
..........	..........	..........	..........	..........	43103
Dates of residence at this address				43104

Residence 4:	43105

Street	City	State	County	Zip	43106
..........	..........	..........	..........	..........	43107
Dates of residence at this address				43108

SECTION V.	43109

YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY ANSWERING THE	43110
QUESTION POSED IN PART (1) AND, IF THE ANSWER TO THE QUESTION IS	43111
"YES," BY PROVIDING IN PART (2) THE INFORMATION SPECIFIED. IF YOU	43112
NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT	43113
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	43114
AT THE END OF THIS SECTION.	43115

(1) Have you previously applied in any county in Ohio or in any other state for a license to carry a concealed handgun or a temporary emergency license to carry a concealed handgun?

.... YES

.... NO

43116

(2) If your answer to the question in part (1) of this section of	43117
the application is "yes," you must complete this part by listing	43118
each county in Ohio, and each other state, in which you previously	43119
applied for either type of license and, to the best of your	43120
knowledge, the date on which you made the application.	43121

Previous application made in .............. (insert name of Ohio	43122
county or other state) on ............... (insert date of	43123
application.)	43124

Previous application made in .............. (insert name of Ohio	43125
county or other state) on ............... (insert date of	43126
application.)	43127

Previous application made in .............. (insert name of Ohio	43128
county or other state) on ............... (insert date of	43129
application.)	43130

Previous application made in .............. (insert name of Ohio	43131
county or other state) on ............... (insert date of	43132
application.)	43133

SECTION VI.	43134

AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR	43135
SUBMITS FALSE INFORMATION ON, OR A FALSE DOCUMENT WITH THE	43136
APPLICATION MAY BE PROSECUTED FOR FALSIFICATION TO OBTAIN A	43137
CONCEALED HANDGUN LICENSE, A FELONY OF THE FOURTH DEGREE, IN	43138
VIOLATION OF SECTION 2921.13 OF THE OHIO REVISED CODE.	43139

(1) I have read the pamphlet that explains the Ohio firearms	43140
laws, that provides instruction in dispute resolution and	43141
explains the Ohio laws related to that matter, and that	43142
provides information regarding all aspects of the use of	43143
deadly force with a firearm, and I am knowledgeable of the	43144
provisions of those laws and of the information on those	43145
matters.	43146

(2) I desire a legal means to carry a concealed handgun for	43147
defense of myself or a member of my family while engaged in	43148
lawful activity.	43149

(3) I have never been convicted of or pleaded guilty to a crime of	43150
violence in the state of Ohio or elsewhere (if you have been	43151
convicted of or pleaded guilty to such a crime, but the	43152
records of that conviction or guilty plea have been sealed or	43153
expunged by court order or a court has granted relief	43154
pursuant to section 2923.14 of the Revised Code from the	43155
disability imposed pursuant to section 2923.13 of the Revised	43156
Code relative to that conviction or guilty plea, you may	43157
treat the conviction or guilty plea for purposes of this	43158
paragraph as if it never had occurred). I am of sound mind. I	43159
hereby certify that the statements contained herein are true	43160
and correct to the best of my knowledge and belief. I	43161
understand that if I knowingly make any false statements	43162
herein I am subject to penalties prescribed by law. I	43163
authorize the sheriff or the sheriff's designee to inspect	43164
only those records or documents relevant to information	43165
required for this application.	43166

(4) The information contained in this application and all attached	43167
documents are true and correct to the best of my knowledge.	43168

			43169
	Signature of Applicant"		43170

Sec. 2923.1213. (A) As used in this section:

43171

(1) "Evidence of imminent danger" means any of the following:

43172

(a) A statement sworn by the person seeking to carry a	43173
concealed handgun that is made under threat of perjury and that	43174
states that the person has reasonable cause to fear a criminal	43175
attack upon the person or a member of the person's family, such as	43176
would justify a prudent person in going armed;	43177

(b) A written document prepared by a governmental entity or	43178
public official describing the facts that give the person seeking	43179
to carry a concealed handgun reasonable cause to fear a criminal	43180
attack upon the person or a member of the person's family, such as	43181
would justify a prudent person in going armed. Written documents	43182
of this nature include, but are not limited to, any temporary	43183
protection order, civil protection order, protection order issued	43184
by another state, or other court order, any court report, and any	43185
report filed with or made by a law enforcement agency or	43186
prosecutor.	43187

(2) "Prosecutor" has the same meaning as in section 2935.01	43188
of the Revised Code.	43189

(B)(1) A person seeking a temporary emergency license to	43190
carry a concealed handgun shall submit to the sheriff of the	43191
county in which the person resides all of the following:	43192

(a) Evidence of imminent danger to the person or a member of	43193
the person's family;	43194

(b) A sworn affidavit that contains all of the information	43195
required to be on the license and attesting that the person is	43196
legally living in the United States; is at least twenty-one years	43197
of age; is not a fugitive from justice; is not under indictment	43198
for or otherwise charged with an offense identified in division	43199
(D)(1)(d) of section 2923.125 of the Revised Code; has not been	43200
convicted of or pleaded guilty to an offense, and has not been	43201
adjudicated a delinquent child for committing an act, identified	43202
in division (D)(1)(e) of that section and to which division (B)(3)	43203
of this section does not apply; within three years of the date of	43204
the submission, has not been convicted of or pleaded guilty to an	43205
offense, and has not been adjudicated a delinquent child for	43206
committing an act, identified in division (D)(1)(f) of that	43207
section and to which division (B)(3) of this section does not	43208
apply; within five years of the date of the submission, has not	43209
been convicted of, pleaded guilty, or adjudicated a delinquent	43210
child for committing two or more violations identified in division	43211
(D)(1)(g) of that section; within ten years of the date of the	43212
submission, has not been convicted of, pleaded guilty, or	43213
adjudicated a delinquent child for committing a violation	43214
identified in division (D)(1)(h) of that section and to which	43215
division (B)(3) of this section does not apply; has not been	43216
adjudicated as a mental defective, has not been committed to any	43217
mental institution, is not under adjudication of mental	43218
incompetence, has not been found by a court to be a mentally ill	43219
person subject to hospitalization by court order, and is not an	43220
involuntary patient other than one who is a patient only for	43221
purposes of observation, as described in division (D)(1)(i) of	43222
that section; is not currently subject to a civil protection	43223
order, a temporary protection order, or a protection order issued	43224
by a court of another state, as described in division (D)(1)(j) of	43225
that section; and is not currently subject to a suspension imposed	43226
under division (A)(2) of section 2923.128 of the Revised Code of a	43227
license to carry a concealed handgun, or a temporary emergency	43228
license to carry a concealed handgun, that previously was issued	43229
to the person;	43230

(c) A nonrefundable temporary emergency license fee	43231
~~established by the Ohio peace officer training commission for an~~	43232
~~amount that does not exceed the actual cost of conducting the~~	43233
~~criminal background check or thirty dollars;~~as described in	43234
either of the following:	43235

(i) For an applicant who has been a resident of this state	43236
for five or more years, a fee of fifteen dollars plus the actual	43237
cost of having a background check performed by the bureau of	43238
criminal identification and investigation pursuant to section	43239
311.41 of the Revised Code;	43240

(ii) For an applicant who has been a resident of this state	43241
for less than five years, a fee of fifteen dollars plus the actual	43242
cost of having background checks performed by the federal bureau	43243
of investigation and the bureau of criminal identification and	43244
investigation pursuant to section 311.41 of the Revised Code.	43245

(d) A set of fingerprints of the applicant provided as	43246
described in section 311.41 of the Revised Code through use of an	43247
electronic fingerprint reading device or, if the sheriff to whom	43248
the application is submitted does not possess and does not have	43249
ready access to the use of an electronic fingerprint reading	43250
device, on a standard impression sheet prescribed pursuant to	43251
division (C)(2) of section 109.572 of the Revised Code. If the	43252
fingerprints are provided on a standard impression sheet, the	43253
person also shall provide the person's social security number to	43254
the sheriff.	43255

(2) A sheriff shall accept the evidence of imminent danger,	43256
the sworn affidavit, the fee, and the set of fingerprints required	43257
under division (B)(1) of this section at the times and in the	43258
manners described in division (I) of this section. Upon receipt of	43259
the evidence of imminent danger, the sworn affidavit, the fee, and	43260
the set of fingerprints required under division (B)(1) of this	43261
section, the sheriff, in the manner specified in section 311.41 of	43262
the Revised Code, immediately shall conduct or cause to be	43263
conducted the criminal records check and the incompetency records	43264
check described in section 311.41 of the Revised Code. Immediately	43265
upon receipt of the results of the records checks, the sheriff	43266
shall review the information and shall determine whether the	43267
criteria set forth in divisions (D)(1)(a) to (j) and (m) of	43268
section 2923.125 of the Revised Code apply regarding the person.	43269
If the sheriff determines that all of criteria set forth in	43270
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the	43271
Revised Code apply regarding the person, the sheriff shall	43272
immediately make available through the law enforcement automated	43273
data system all information that will be contained on the	43274
temporary emergency license for the person if one is issued, and	43275
the superintendent of the state highway patrol shall ensure that	43276
the system is so configured as to permit the transmission through	43277
the system of that information. Upon making that information	43278
available through the law enforcement automated data system, the	43279
sheriff shall immediately issue to the person a temporary	43280
emergency license to carry a concealed handgun.	43281

If the sheriff denies the issuance of a temporary emergency	43282
license to the person, the sheriff shall specify the grounds for	43283
the denial in a written notice to the person. The person may	43284
appeal the denial, or challenge criminal records check results	43285
that were the basis of the denial if applicable, in the same	43286
manners specified in division (D)(2) of section 2923.125 and in	43287
section 2923.127 of the Revised Code, regarding the denial of an	43288
application for a license to carry a concealed handgun under that	43289
section.	43290

The temporary emergency license under this division shall be	43291
in the form, and shall include all of the information, described	43292
in divisions (A)(2) and (5) of section 109.731 of the Revised	43293
Code, and also shall include a unique combination of identifying	43294
letters and numbers in accordance with division (A)(4) of that	43295
section.	43296

The temporary emergency license issued under this division is	43297
valid for ninety days and may not be renewed. A person who has	43298
been issued a temporary emergency license under this division	43299
shall not be issued another temporary emergency license unless at	43300
least four years has expired since the issuance of the prior	43301
temporary emergency license.	43302

(3) If a person seeking a temporary emergency license to	43303
carry a concealed handgun has been convicted of or pleaded guilty	43304
to an offense identified in division (D)(1)(e), (f), or (h) of	43305
section 2923.125 of the Revised Code or has been adjudicated a	43306
delinquent child for committing an act or violation identified in	43307
any of those divisions, and if a court has ordered the sealing or	43308
expungement of the records of that conviction, guilty plea, or	43309
adjudication pursuant to sections 2151.355 to 2151.358 or sections	43310
2953.31 to 2953.36 of the Revised Code or a court has granted the	43311
applicant relief pursuant to section 2923.14 of the Revised Code	43312
from the disability imposed pursuant to section 2923.13 of the	43313
Revised Code relative to that conviction, guilty plea, or	43314
adjudication, the conviction, guilty plea, or adjudication shall	43315
not be relevant for purposes of the sworn affidavit described in	43316
division (B)(1)(b) of this section, and the person may complete,	43317
and swear to the truth of, the affidavit as if the conviction,	43318
guilty plea, or adjudication never had occurred.	43319

(4) The sheriff shall waive the payment pursuant to division	43320
(B)(1)(c) of this section of the license fee in connection with an	43321
application that is submitted by an applicant who is a retired	43322
peace officer, a retired person described in division (B)(1)(b) of	43323
section 109.77 of the Revised Code, or a retired federal law	43324
enforcement officer who, prior to retirement, was authorized under	43325
federal law to carry a firearm in the course of duty, unless the	43326
retired peace officer, person, or federal law enforcement officer	43327
retired as the result of a mental disability.	43328

The sheriff shall deposit all fees paid by an applicant under	43329
division (B)(1)(c) of this section into the sheriff's concealed	43330
handgun license issuance fund established pursuant to section	43331
311.42 of the Revised Code.	43332

(C) A person who holds a temporary emergency license to carry	43333
a concealed handgun has the same right to carry a concealed	43334
handgun as a person who was issued a license to carry a concealed	43335
handgun under section 2923.125 of the Revised Code, and any	43336
exceptions to the prohibitions contained in section 1547.69 and	43337
sections 2923.12 to 2923.16 of the Revised Code for a licensee	43338
under section 2923.125 of the Revised Code apply to a licensee	43339
under this section. The person is subject to the same	43340
restrictions, and to all other procedures, duties, and sanctions,	43341
that apply to a person who carries a license issued under section	43342
2923.125 of the Revised Code, other than the license renewal	43343
procedures set forth in that section.	43344

(D) A sheriff who issues a temporary emergency license to	43345
carry a concealed handgun under this section shall not require a	43346
person seeking to carry a concealed handgun in accordance with	43347
this section to submit a competency certificate as a prerequisite	43348
for issuing the license and shall comply with division (H) of	43349
section 2923.125 of the Revised Code in regards to the license.	43350
The sheriff shall suspend or revoke the license in accordance with	43351
section 2923.128 of the Revised Code. In addition to the	43352
suspension or revocation procedures set forth in section 2923.128	43353
of the Revised Code, the sheriff may revoke the license upon	43354
receiving information, verifiable by public documents, that the	43355
person is not eligible to possess a firearm under either the laws	43356
of this state or of the United States or that the person committed	43357
perjury in obtaining the license; if the sheriff revokes a license	43358
under this additional authority, the sheriff shall notify the	43359
person, by certified mail, return receipt requested, at the	43360
person's last known residence address that the license has been	43361
revoked and that the person is required to surrender the license	43362
at the sheriff's office within ten days of the date on which the	43363
notice was mailed. Division (H) of section 2923.125 of the	43364
Revised Code applies regarding any suspension or revocation of a	43365
temporary emergency license to carry a concealed handgun.	43366

(E) A sheriff who issues a temporary emergency license to	43367
carry a concealed handgun under this section shall retain, for the	43368
entire period during which the temporary emergency license is in	43369
effect, the evidence of imminent danger that the person submitted	43370
to the sheriff and that was the basis for the license, or a copy	43371
of that evidence, as appropriate.	43372

(F) If a temporary emergency license to carry a concealed	43373
handgun issued under this section is lost or is destroyed, the	43374
licensee may obtain from the sheriff who issued that license a	43375
duplicate license upon the payment of a fee of fifteen dollars and	43376
the submission of an affidavit attesting to the loss or	43377
destruction of the license. The sheriff, in accordance with the	43378
procedures prescribed in section 109.731 of the Revised Code,	43379
shall place on the replacement license a combination of	43380
identifying numbers different from the combination on the license	43381
that is being replaced.	43382

(G) The Ohio peace officer training commission shall	43383
prescribe, and shall make available to sheriffs, a standard form	43384
to be used under division (B) of this section by a person who	43385
applies for a temporary emergency license to carry a concealed	43386
handgun on the basis of imminent danger of a type described in	43387
division (A)(1)(a) of this section.	43388

(H) A sheriff who receives any fees paid by a person under	43389
this section shall deposit all fees so paid into the sheriff's	43390
concealed handgun license issuance expense fund established under	43391
section 311.42 of the Revised Code.	43392

(I) A sheriff shall accept evidence of imminent danger, a	43393
sworn affidavit, the fee, and the set of fingerprints specified in	43394
division (B)(1) of this section at any time during normal business	43395
hours. In no case shall a sheriff require an appointment, or	43396
designate a specific period of time, for the submission or	43397
acceptance of evidence of imminent danger, a sworn affidavit, the	43398
fee, and the set of fingerprints specified in division (B)(1) of	43399
this section, or for the provision to any person of a standard	43400
form to be used for a person to apply for a temporary emergency	43401
license to carry a concealed handgun.	43402

Sec. 2923.16. (A) No person shall knowingly discharge a	43403
firearm while in or on a motor vehicle.	43404

(B) No person shall knowingly transport or have a loaded	43405
firearm in a motor vehicle in such a manner that the firearm is	43406
accessible to the operator or any passenger without leaving the	43407
vehicle.	43408

(C) No person shall knowingly transport or have a firearm in	43409
a motor vehicle, unless the person may lawfully possess that	43410
firearm under applicable law of this state or the United States,	43411
the firearm is unloaded, and the firearm is carried in one of the	43412
following ways:	43413

(1) In a closed package, box, or case;

43414

(2) In a compartment that can be reached only by leaving the	43415
vehicle;	43416

(3) In plain sight and secured in a rack or holder made for	43417
the purpose;	43418

(4) If the firearm is at least twenty-four inches in overall	43419
length as measured from the muzzle to the part of the stock	43420
furthest from the muzzle and if the barrel is at least eighteen	43421
inches in length, either in plain sight with the action open or	43422
the weapon stripped, or, if the firearm is of a type on which the	43423
action will not stay open or which cannot easily be stripped, in	43424
plain sight.	43425

(D) No person shall knowingly transport or have a loaded	43426
handgun in a motor vehicle if, at the time of that transportation	43427
or possession, any of the following applies:	43428

(1) The person is under the influence of alcohol, a drug of	43429
abuse, or a combination of them.	43430

(2) The person's whole blood, blood serum or plasma, breath,	43431
or urine contains a concentration of alcohol, a listed controlled	43432
substance, or a listed metabolite of a controlled substance	43433
prohibited for persons operating a vehicle, as specified in	43434
division (A) of section 4511.19 of the Revised Code, regardless	43435
of whether the person at the time of the transportation or	43436
possession as described in this division is the operator of or a	43437
passenger in the motor vehicle.	43438

(E) No person who has been issued a license or temporary	43439
emergency license to carry a concealed handgun under section	43440
2923.125 or 2923.1213 of the Revised Code shall do any of the	43441
following:	43442

(1) Knowingly transport or have a loaded handgun in a motor	43443
vehicle unless one of the following applies:	43444

(a) The loaded handgun is in a holster on the person's	43445
person.	43446

(b) The loaded handgun is in a closed case, bag, box, or	43447
other container that is in plain sight and that has a lid, a	43448
cover, or a closing mechanism with a zipper, snap, or buckle,	43449
which lid, cover, or closing mechanism must be opened for a person	43450
to gain access to the handgun.	43451

(c) The loaded handgun is securely encased by being stored in	43452
a closed glove compartment or vehicle console or in a case that is	43453
locked.	43454

(2) If the person is transporting or has a loaded handgun in	43455
a motor vehicle in a manner authorized under division (E)(1) of	43456
this section, knowingly remove or attempt to remove the loaded	43457
handgun from the holster, case, bag, box, container, or glove	43458
compartment, knowingly grasp or hold the loaded handgun, or	43459
knowingly have contact with the loaded handgun by touching it with	43460
the person's hands or fingers while the motor vehicle is being	43461
operated on a street, highway, or public property unless the	43462
person removes, attempts to remove, grasps, holds, or has the	43463
contact with the loaded handgun pursuant to and in accordance with	43464
directions given by a law enforcement officer;	43465

(3) If the person is the driver or an occupant of a motor	43466
vehicle that is stopped as a result of a traffic stop or a stop	43467
for another law enforcement purpose or is the driver or an	43468
occupant of a commercial motor vehicle that is stopped by an	43469
employee of the motor carrier enforcement unit for the purposes	43470
defined in section 5503.34 of the Revised Code, and if the person	43471
is transporting or has a loaded handgun in the motor vehicle or	43472
commercial motor vehicle in any manner, fail to do any of the	43473
following that is applicable:	43474

(a) If the person is the driver or an occupant of a motor	43475
vehicle stopped as a result of a traffic stop or a stop for	43476
another law enforcement purpose, fail to promptly inform any law	43477
enforcement officer who approaches the vehicle while stopped that	43478
the person has been issued a license or temporary emergency	43479
license to carry a concealed handgun and that the person then	43480
possesses or has a loaded handgun in the motor vehicle;	43481

(b) If the person is the driver or an occupant of a	43482
commercial motor vehicle stopped by an employee of the motor	43483
carrier enforcement unit for any of the defined purposes, fail to	43484
promptly inform the employee of the unit who approaches the	43485
vehicle while stopped that the person has been issued a license or	43486
temporary emergency license to carry a concealed handgun and that	43487
the person then possesses or has a loaded handgun in the	43488
commercial motor vehicle.	43489

(4) If the person is the driver or an occupant of a motor	43490
vehicle that is stopped as a result of a traffic stop or a stop	43491
for another law enforcement purpose and if the person is	43492
transporting or has a loaded handgun in the motor vehicle in any	43493
manner, knowingly fail to remain in the motor vehicle while	43494
stopped or knowingly fail to keep the person's hands in plain	43495
sight at any time after any law enforcement officer begins	43496
approaching the person while stopped and before the law	43497
enforcement officer leaves, unless the failure is pursuant to and	43498
in accordance with directions given by a law enforcement officer;	43499

(5) If the person is the driver or an occupant of a motor	43500
vehicle that is stopped as a result of a traffic stop or a stop	43501
for another law enforcement purpose, if the person is transporting	43502
or has a loaded handgun in the motor vehicle in a manner	43503
authorized under division (E)(1) of this section, and if the	43504
person is approached by any law enforcement officer while stopped,	43505
knowingly remove or attempt to remove the loaded handgun from the	43506
holster, case, bag, box, container, or glove compartment,	43507
knowingly grasp or hold the loaded handgun, or knowingly have	43508
contact with the loaded handgun by touching it with the person's	43509
hands or fingers in the motor vehicle at any time after the law	43510
enforcement officer begins approaching and before the law	43511
enforcement officer leaves, unless the person removes, attempts to	43512
remove, grasps, holds, or has contact with the loaded handgun	43513
pursuant to and in accordance with directions given by the law	43514
enforcement officer;	43515

(6) If the person is the driver or an occupant of a motor	43516
vehicle that is stopped as a result of a traffic stop or a stop	43517
for another law enforcement purpose and if the person is	43518
transporting or has a loaded handgun in the motor vehicle in any	43519
manner, knowingly disregard or fail to comply with any lawful	43520
order of any law enforcement officer given while the motor vehicle	43521
is stopped, including, but not limited to, a specific order to the	43522
person to keep the person's hands in plain sight.	43523

(F)(1) Divisions (A), (B), (C), and (E) of this section do	43524
not apply to any of the following:	43525

(a) An officer, agent, or employee of this or any other state	43526
or the United States, or a law enforcement officer, when	43527
authorized to carry or have loaded or accessible firearms in motor	43528
vehicles and acting within the scope of the officer's, agent's, or	43529
employee's duties;	43530

(b) Any person who is employed in this state, who is	43531
authorized to carry or have loaded or accessible firearms in motor	43532
vehicles, and who is subject to and in compliance with the	43533
requirements of section 109.801 of the Revised Code, unless the	43534
appointing authority of the person has expressly specified that	43535
the exemption provided in division (F)(1)(b) of this section does	43536
not apply to the person.	43537

(2) Division (A) of this section does not apply to a person	43538
if all of the following circumstances apply:	43539

(a) The person discharges a firearm from a motor vehicle at a	43540
coyote or groundhog, the discharge is not during the deer gun	43541
hunting season as set by the chief of the division of wildlife of	43542
the department of natural resources, and the discharge at the	43543
coyote or groundhog, but for the operation of this section, is	43544
lawful.	43545

(b) The motor vehicle from which the person discharges the	43546
firearm is on real property that is located in an unincorporated	43547
area of a township and that either is zoned for agriculture or is	43548
used for agriculture.	43549

(c) The person owns the real property described in division	43550
(F)(2)(b) of this section, is the spouse or a child of another	43551
person who owns that real property, is a tenant of another person	43552
who owns that real property, or is the spouse or a child of a	43553
tenant of another person who owns that real property.	43554

(d) The person does not discharge the firearm in any of the	43555
following manners:	43556

(i) While under the influence of alcohol, a drug of abuse, or	43557
alcohol and a drug of abuse;	43558

(ii) In the direction of a street, highway, or other public	43559
or private property used by the public for vehicular traffic or	43560
parking;	43561

(iii) At or into an occupied structure that is a permanent or	43562
temporary habitation;	43563

(iv) In the commission of any violation of law, including,	43564
but not limited to, a felony that includes, as an essential	43565
element, purposely or knowingly causing or attempting to cause the	43566
death of or physical harm to another and that was committed by	43567
discharging a firearm from a motor vehicle.	43568

(3) Division (A) of this section does not apply to a person	43569
if all of the following apply:	43570

(a) The person possesses a valid electric-powered all-purpose	43571
vehicle permit issued under section 1533.103 of the Revised Code	43572
by the chief of the division of wildlife.	43573

(b) The person discharges a firearm at a wild quadruped or	43574
game bird as defined in section 1531.01 of the Revised Code during	43575
the open hunting season for the applicable wild quadruped or game	43576
bird.	43577

(c) The person discharges a firearm from a stationary	43578
electric-powered all-purpose vehicle as defined in section 1531.01	43579
of the Revised Code or a motor vehicle that is parked on a road	43580
that is owned or administered by the division of wildlife,	43581
provided that the road is identified by an electric-powered	43582
all-purpose vehicle sign.	43583

(d) The person does not discharge the firearm in any of the	43584
following manners:	43585

(i) While under the influence of alcohol, a drug of abuse, or	43586
alcohol and a drug of abuse;	43587

(ii) In the direction of a street, a highway, or other public	43588
or private property that is used by the public for vehicular	43589
traffic or parking;	43590

(iii) At or into an occupied structure that is a permanent or	43591
temporary habitation;	43592

(iv) In the commission of any violation of law, including,	43593
but not limited to, a felony that includes, as an essential	43594
element, purposely or knowingly causing or attempting to cause the	43595
death of or physical harm to another and that was committed by	43596
discharging a firearm from a motor vehicle.	43597

(4) Divisions (B) and (C) of this section do not apply to a	43598
person if all of the following circumstances apply:	43599

(a) At the time of the alleged violation of either of those	43600
divisions, the person is the operator of or a passenger in a motor	43601
vehicle.	43602

(b) The motor vehicle is on real property that is located in	43603
an unincorporated area of a township and that either is zoned for	43604
agriculture or is used for agriculture.	43605

(c) The person owns the real property described in division	43606
(D)(4)(b) of this section, is the spouse or a child of another	43607
person who owns that real property, is a tenant of another person	43608
who owns that real property, or is the spouse or a child of a	43609
tenant of another person who owns that real property.	43610

(d) The person, prior to arriving at the real property	43611
described in division (D)(4)(b) of this section, did not	43612
transport or possess a firearm in the motor vehicle in a manner	43613
prohibited by division (B) or (C) of this section while the motor	43614
vehicle was being operated on a street, highway, or other public	43615
or private property used by the public for vehicular traffic or	43616
parking.	43617

(5) Divisions (B) and (C) of this section do not apply to a	43618
person who transports or possesses a handgun in a motor vehicle	43619
if, at the time of that transportation or possession, all of the	43620
following apply:	43621

(a) The person transporting or possessing the handgun is	43622
carrying a valid license or temporary emergency license to carry a	43623
concealed handgun issued to the person under section 2923.125 or	43624
2923.1213 of the Revised Code or a license to carry a concealed	43625
handgun that was issued by another state with which the attorney	43626
general has entered into a reciprocity agreement under section	43627
109.69 of the Revised Code.	43628

(b) The person transporting or possessing the handgun is not	43629
knowingly in a place described in division (B) of section 2923.126	43630
of the Revised Code.	43631

43632

(i) The handgun is in a holster on the person's person.

43633

(ii) The handgun is in a closed case, bag, box, or other	43634
container that is in plain sight and that has a lid, a cover, or a	43635
closing mechanism with a zipper, snap, or buckle, which lid,	43636
cover, or closing mechanism must be opened for a person to gain	43637
access to the handgun.	43638

(iii) The handgun is securely encased by being stored in a	43639
closed glove compartment or vehicle console or in a case that is	43640
locked.	43641

(6) Divisions (B) and (C) of this section do not apply to a	43642
person if all of the following apply:	43643

(a) The person possesses a valid electric-powered all-purpose	43644
vehicle permit issued under section 1533.103 of the Revised Code	43645
by the chief of the division of wildlife.	43646

(b) The person is on or in an electric-powered all-purpose	43647
vehicle as defined in section 1531.01 of the Revised Code or a	43648
motor vehicle during the open hunting season for a wild quadruped	43649
or game bird.	43650

(c) The person is on or in an electric-powered all-purpose	43651
vehicle as defined in section 1531.01 of the Revised Code or a	43652
motor vehicle that is parked on a road that is owned or	43653
administered by the division of wildlife, provided that the road	43654
is identified by an electric-powered all-purpose vehicle sign.	43655

(G)(1) The affirmative defenses authorized in divisions	43656
(D)(1) and (2) of section 2923.12 of the Revised Code are	43657
affirmative defenses to a charge under division (B) or (C) of this	43658
section that involves a firearm other than a handgun.	43659

(2) It is an affirmative defense to a charge under division	43660
(B) or (C) of this section of improperly handling firearms in a	43661
motor vehicle that the actor transported or had the firearm in the	43662
motor vehicle for any lawful purpose and while the motor vehicle	43663
was on the actor's own property, provided that this affirmative	43664
defense is not available unless the person, immediately prior to	43665
arriving at the actor's own property, did not transport or	43666
possess the firearm in a motor vehicle in a manner prohibited by	43667
division (B) or (C) of this section while the motor vehicle was	43668
being operated on a street, highway, or other public or private	43669
property used by the public for vehicular traffic.	43670

(H) No person who is charged with a violation of division	43671
(B), (C), or (D) of this section shall be required to obtain a	43672
license or temporary emergency license to carry a concealed	43673
handgun under section 2923.125 or 2923.1213 of the Revised Code as	43674
a condition for the dismissal of the charge.	43675

(I) Whoever violates this section is guilty of improperly	43676
handling firearms in a motor vehicle. Violation of division (A) of	43677
this section is a felony of the fourth degree. Violation of	43678
division (C) of this section is a misdemeanor of the fourth	43679
degree. A violation of division (D) of this section is a felony of	43680
the fifth degree or, if the loaded handgun is concealed on the	43681
person's person, a felony of the fourth degree. Except as	43682
otherwise provided in this division, a violation of division	43683
(E)(3) of this section is a misdemeanor of the first degree, and,	43684
in addition to any other penalty or sanction imposed for the	43685
violation, the offender's license or temporary emergency license	43686
to carry a concealed handgun shall be suspended pursuant to	43687
division (A)(2) of section 2923.128 of the Revised Code. If at the	43688
time of the stop of the offender for a traffic stop, for another	43689
law enforcement purpose, or for a purpose defined in section	43690
5503.34 of the Revised Code that was the basis of the violation	43691
any law enforcement officer involved with the stop or the employee	43692
of the motor carrier enforcement unit who made the stop had	43693
actual knowledge of the offender's status as a licensee, a	43694
violation of division (E)(3) of this section is a minor	43695
misdemeanor, and the offender's license or temporary emergency	43696
license to carry a concealed handgun shall not be suspended	43697
pursuant to division (A)(2) of section 2923.128 of the Revised	43698
Code. A violation of division (E)(1), (2), or (5) of this section	43699
is a felony of the fifth degree. A violation of division (E)(4)	43700
or (6) of this section is a misdemeanor of the first degree or,	43701
if the offender previously has been convicted of or pleaded	43702
guilty to a violation of division (E)(4) or (6) of this section,	43703
a felony of the fifth degree. In addition to any other penalty or	43704
sanction imposed for a misdemeanor violation of division (E)(4)	43705
or (6) of this section, the offender's license or temporary	43706
emergency license to carry a concealed handgun shall be suspended	43707
pursuant to division (A)(2) of section 2923.128 of the Revised	43708
Code. A violation of division (B) of this section is whichever of	43709
the following is applicable:	43710

(1) If, at the time of the transportation or possession in	43711
violation of division (B) of this section, the offender was	43712
carrying a valid license or temporary emergency license to carry a	43713
concealed handgun issued to the offender under section 2923.125 or	43714
2923.1213 of the Revised Code or a license to carry a concealed	43715
handgun that was issued by another state with which the attorney	43716
general has entered into a reciprocity agreement under section	43717
109.69 of the Revised Code and the offender was not knowingly in a	43718
place described in division (B) of section 2923.126 of the Revised	43719
Code, the violation is a misdemeanor of the first degree or, if	43720
the offender previously has been convicted of or pleaded guilty to	43721
a violation of division (B) of this section, a felony of the	43722
fourth degree.	43723

(2) If division (I)(1) of this section does not apply, a	43724
felony of the fourth degree.	43725

(J) If a law enforcement officer stops a motor vehicle for a	43726
traffic stop or any other purpose, if any person in the motor	43727
vehicle surrenders a firearm to the officer, either voluntarily or	43728
pursuant to a request or demand of the officer, and if the officer	43729
does not charge the person with a violation of this section or	43730
arrest the person for any offense, the person is not otherwise	43731
prohibited by law from possessing the firearm, and the firearm is	43732
not contraband, the officer shall return the firearm to the person	43733
at the termination of the stop. If a court orders a law	43734
enforcement officer to return a firearm to a person pursuant to	43735
the requirement set forth in this division, division (B) of	43736
section 2923.163 of the Revised Code applies.	43737

(K) As used in this section:

43738

(1) "Motor vehicle," "street," and "highway" have the same	43739
meanings as in section 4511.01 of the Revised Code.	43740

(2) "Occupied structure" has the same meaning as in section	43741
2909.01 of the Revised Code.	43742

(3) "Agriculture" has the same meaning as in section 519.01	43743
of the Revised Code.	43744

(4) "Tenant" has the same meaning as in section 1531.01 of	43745
the Revised Code.	43746

(5) "Unloaded" means any of the following:

43747

(a) No ammunition is in the firearm in question, and no	43748
ammunition is loaded into a magazine or speed loader that may be	43749
used with the firearm in question and that is located anywhere	43750
within the vehicle in question, without regard to where	43751
ammunition otherwise is located within the vehicle in question.	43752
For the purposes of division (K)(5)(a) of this section, ammunition	43753
held in stripper-clips or in en-bloc clips is not considered	43754
ammunition that is loaded into a magazine or speed loader.	43755

(b) With respect to a firearm employing a percussion cap,	43756
flintlock, or other obsolete ignition system, when the weapon is	43757
uncapped or when the priming charge is removed from the pan.	43758

(6) "Commercial motor vehicle" has the same meaning as in	43759
division (A) of section 4506.25 of the Revised Code.	43760

(7) "Motor carrier enforcement unit" means the motor carrier	43761
enforcement unit in the department of public safety, division of	43762
state highway patrol, that is created by section 5503.34 of the	43763
Revised Code.	43764

Sec. 2937.22. (A) Bail is security for the appearance of an	43765
accused to appear and answer to a specific criminal or	43766
quasi-criminal charge in any court or before any magistrate at a	43767
specific time or at any time to which a case may be continued, and	43768
not depart without leave. It may take any of the following forms:	43769

~~(A)~~(1) The deposit of cash by the accused or by some other	43770
person for ~~him~~the accused;	43771

~~(B)~~(2) The deposit by the accused or by some other person for	43772
~~him~~the accused in form of bonds of the United States, this state,	43773
or any political subdivision thereof in a face amount equal to the	43774
sum set by the court or magistrate. In case of bonds not	43775
negotiable by delivery such bonds shall be properly endorsed for	43776
transfer.	43777

~~(C)~~(3) The written undertaking by one or more persons to	43778
forfeit the sum of money set by the court or magistrate, if the	43779
accused is in default for appearance, which shall be known as a	43780
recognizance.	43781

(B) Whenever a person is charged with any offense other than	43782
a traffic offense that is not a moving violation and posts bail,	43783
the person shall pay a surcharge of twenty-five dollars. The clerk	43784
of the court shall retain the twenty-five dollars until the person	43785
is convicted, pleads guilty, forfeits bail, is found not guilty,	43786
or has the charges dismissed. If the person is convicted, pleads	43787
guilty, or forfeits bail, the clerk shall transmit the twenty-five	43788
dollars on or before the twentieth day of the month following the	43789
month in which the person was convicted, pleaded guilty, or	43790
forfeited bail to the treasurer of state, and the treasurer of	43791
state shall deposit it into the indigent defense support fund	43792
created under section 120.08 of the Revised Code. If the person is	43793
found not guilty or the charges are dismissed, the clerk shall	43794
return the twenty-five dollars to the person.	43795

(C) All bail shall be received by the clerk of the court,	43796
deputy clerk of court, or by the magistrate, or by a special	43797
referee appointed by the supreme court pursuant to section 2937.46	43798
of the Revised Code, and, except in cases of recognizances,	43799
receipt shall be given therefor ~~by him~~.	43800

(D) As used in this section, "moving violation" has the same	43801
meaning as in section 2743.70 of the Revised Code.	43802

Sec. 2949.091. (A)(1)(a) The court, in which any person is	43803
convicted of or pleads guilty to any offense ~~other than a traffic~~	43804
~~offense that is not a moving violation,~~ shall impose one of the	43805
~~sum of fifteen dollars~~following sums as costs in the case in	43806
addition to any other court costs that the court is required by	43807
law to impose upon the offender:	43808

(i) Thirty dollars if the offense is a felony;

43809

(ii) Twenty dollars if the offense is a misdemeanor other	43810
than a traffic offense that is not a moving violation;	43811

(iii) Ten dollars if the offense is a traffic offense that	43812
is not a moving violation, excluding parking violations. ~~All such~~	43813

(b) All moneys collected pursuant to division (A)(1)(a) of	43814
this section during a month shall be transmitted on or before the	43815
twentieth day of the following month by the clerk of the court to	43816
the treasurer of state and deposited by the treasurer of state	43817
~~into~~to the credit of the ~~general revenue~~indigent defense support	43818
fund established under section 120.08 of the Revised Code. The	43819
court shall not waive the payment of the additional ~~fifteen~~	43820
~~dollars~~thirty-, twenty-, or ten-dollar court costs, unless the	43821
court determines that the offender is indigent and waives the	43822
payment of all court costs imposed upon the indigent offender.	43823

(2)(a) The juvenile court, in which a child is found to be a	43824
delinquent child or a juvenile traffic offender for an act ~~which~~	43825
that, if committed by an adult, would be an offense ~~other than a~~	43826
~~traffic offense that is not a moving violation~~, shall impose one	43827
of the ~~sum of fifteen dollars~~following sums as costs in the case	43828
in addition to any other court costs that the court is required	43829
or permitted by law to impose upon the delinquent child or	43830
juvenile traffic offender:	43831

(i) Thirty dollars if the offense is a felony;

43832

(ii) Twenty dollars if the offense is a misdemeanor other	43833
than a traffic offense that is not a moving violation;	43834

(iii) Ten dollars if the offense is a traffic offense that	43835
is not a moving violation, excluding parking violations. ~~All such~~	43836

(b) All moneys collected pursuant to division (A)(2)(a) of	43837
this section during a month shall be transmitted on or before the	43838
twentieth day of the following month by the clerk of the court to	43839
the treasurer of state and deposited by the treasurer of state	43840
~~into~~to the credit of the ~~general revenue~~indigent defense support	43841
fund established under section 120.08 of the Revised Code. The	43842
~~fifteen dollars~~thirty-, twenty-, or ten-dollar court costs shall	43843
be collected in all cases unless the court determines the juvenile	43844
is indigent and waives the payment of all court costs, or enters	43845
an order on its journal stating that it has determined that the	43846
juvenile is indigent, that no other court costs are to be taxed in	43847
the case, and that the payment of the ~~fifteen dollars~~thirty-,	43848
twenty-, or ten-dollar court costs is waived.	43849

(B) Whenever a person is charged with any offense ~~other than~~	43850
~~a traffic offense that is not a moving violation and posts bail~~	43851
described in division (A)(1) of this section, the court shall add	43852
to the amount of the bail the ~~fifteen~~thirty, twenty, or ten	43853
dollars required to be paid by division (A)(1) of this section.	43854
The ~~fifteen~~thirty, twenty, or ten dollars shall be retained by	43855
the clerk of the court until the person is convicted, pleads	43856
guilty, forfeits bail, is found not guilty, or has the charges	43857
dismissed. If the person is convicted, pleads guilty, or forfeits	43858
bail, the clerk shall transmit the ~~fifteen~~thirty, twenty, or ten	43859
dollars on or before the twentieth day of the month following the	43860
month in which the person was convicted, pleaded guilty, or	43861
forfeited bail to the treasurer of state, who shall deposit it	43862
~~into~~to the credit of the ~~general revenue~~indigent defense	43863
support fund established under section 120.08 of the Revised	43864
Code. If the person is found not guilty or the charges are	43865
dismissed, the clerk shall return the ~~fifteen~~thirty, twenty, or	43866
ten dollars to the person.	43867

(C) No person shall be placed or held in a detention facility	43868
for failing to pay the additional ~~fifteen dollars~~thirty-,	43869
twenty-, or ten-dollar court costs or bail that are required to	43870
be paid by this section.	43871

(D) As used in this section:

43872

(1) "Moving violation" and "bail" have the same meanings as	43873
in section 2743.70 of the Revised Code.	43874

(2) "Detention facility" has the same meaning as in section	43875
2921.01 of the Revised Code.	43876

Sec. 2949.111. (A) As used in this section:

43877

(1) "Court costs" means any assessment that the court	43878
requires an offender to pay to defray the costs of operating the	43879
court.	43880

(2) "State fines or costs" means any costs imposed or	43881
forfeited bail collected by the court under section 2743.70 of the	43882
Revised Code for deposit into the reparations fund or under	43883
section 2949.091 of the Revised Code for deposit into the ~~general~~	43884
~~revenue~~indigent defense support fund established under section	43885
120.08 of the Revised Code and all fines, penalties, and forfeited	43886
bail collected by the court and paid to a law library association	43887
under sections 3375.50 to 3375.53 of the Revised Code.	43888

(3) "Reimbursement" means any reimbursement for the costs of	43889
confinement that the court orders an offender to pay pursuant to	43890
section 2929.28 of the Revised Code, any supervision fee, any fee	43891
for the costs of house arrest with electronic monitoring that an	43892
offender agrees to pay, any reimbursement for the costs of an	43893
investigation or prosecution that the court orders an offender to	43894
pay pursuant to section 2929.71 of the Revised Code, or any other	43895
costs that the court orders an offender to pay.	43896

(4) "Supervision fees" means any fees that a court, pursuant	43897
to sections 2929.18, 2929.28, and 2951.021 of the Revised Code,	43898
requires an offender who is under a community control sanction to	43899
pay for supervision services.	43900

(5) "Community control sanction" has the same meaning as in	43901
section 2929.01 of the Revised Code.	43902

(B) Unless the court, in accordance with division (C) of this	43903
section, enters in the record of the case a different method of	43904
assigning payments, if a person who is charged with a misdemeanor	43905
is convicted of or pleads guilty to the offense, if the court	43906
orders the offender to pay any combination of court costs, state	43907
fines or costs, restitution, a conventional fine, or any	43908
reimbursement, and if the offender makes any payment of any of	43909
them to a clerk of court, the clerk shall assign the offender's	43910
payment in the following manner:	43911

(1) If the court ordered the offender to pay any court costs,	43912
the offender's payment shall be assigned toward the satisfaction	43913
of those court costs until they have been entirely paid.	43914

(2) If the court ordered the offender to pay any state fines	43915
or costs and if all of the court costs that the court ordered the	43916
offender to pay have been paid, the remainder of the offender's	43917
payment shall be assigned on a pro rata basis toward the	43918
satisfaction of the state fines or costs until they have been	43919
entirely paid.	43920

(3) If the court ordered the offender to pay any restitution	43921
and if all of the court costs and state fines or costs that the	43922
court ordered the offender to pay have been paid, the remainder of	43923
the offender's payment shall be assigned toward the satisfaction	43924
of the restitution until it has been entirely paid.	43925

(4) If the court ordered the offender to pay any fine and if	43926
all of the court costs, state fines or costs, and restitution that	43927
the court ordered the offender to pay have been paid, the	43928
remainder of the offender's payment shall be assigned toward the	43929
satisfaction of the fine until it has been entirely paid.	43930

(5) If the court ordered the offender to pay any	43931
reimbursement and if all of the court costs, state fines or costs,	43932
restitution, and fines that the court ordered the offender to pay	43933
have been paid, the remainder of the offender's payment shall be	43934
assigned toward the satisfaction of the reimbursements until they	43935
have been entirely paid.	43936

(C) If a person who is charged with a misdemeanor is	43937
convicted of or pleads guilty to the offense and if the court	43938
orders the offender to pay any combination of court costs, state	43939
fines or costs, restitution, fines, or reimbursements, the court,	43940
at the time it orders the offender to make those payments, may	43941
prescribe an order of payments that differs from the order set	43942
forth in division (B) of this section by entering in the record of	43943
the case the order so prescribed. If a different order is entered	43944
in the record, on receipt of any payment, the clerk of the court	43945
shall assign the payment in the manner prescribed by the court.	43946

Sec. 2949.17. (A) The sheriff may take one guard for every	43947
two convicted felons to be transported to a correctional	43948
institution. The trial judge may authorize a larger number of	43949
guards upon written application of the sheriff, in which case a	43950
transcript of the order of the judge shall be certified by the	43951
clerk of the court of common pleas under the seal of the court,	43952
and the sheriff shall deliver the order with the convict to the	43953
person in charge of the correctional institution.	43954

(B) In order to obtain reimbursement for the county for the	43955
expenses of transportation for indigent convicted felons, the	43956
clerk of the court of common pleas shall prepare a transportation	43957
cost bill for each indigent convicted felon transported pursuant	43958
to this section for an amount equal to ~~ten cents~~not less than one	43959
dollar a mile from the county seat to the state correctional	43960
institution and return for ~~the sheriff and each of the guards and~~	43961
~~five cents a mile from the county seat to the state correctional~~	43962
~~institution for~~ each prisoner. The number of miles shall be	43963
computed by the usual route of travel. The clerk's duties under	43964
this division are subject to division (B) of section 2949.19 of	43965
the Revised Code.	43966

Sec. 2981.13. (A) Except as otherwise provided in this	43967
section, property ordered forfeited as contraband, proceeds, or an	43968
instrumentality pursuant to this chapter shall be disposed of,	43969
used, or sold pursuant to section 2981.12 of the Revised Code. If	43970
the property is to be sold under that section, the prosecutor	43971
shall cause notice of the proposed sale to be given in accordance	43972
with law.	43973

(B) If the contraband or instrumentality forfeited under this	43974
chapter is sold, any moneys acquired from a sale and any proceeds	43975
forfeited under this chapter shall be applied in the following	43976
order:	43977

(1) First, to pay costs incurred in the seizure, storage,	43978
maintenance, security, and sale of the property and in the	43979
forfeiture proceeding;	43980

(2) Second, in a criminal forfeiture case, to satisfy any	43981
restitution ordered to the victim of the offense or, in a civil	43982
forfeiture case, to satisfy any recovery ordered for the person	43983
harmed, unless paid from other assets;	43984

(3) Third, to pay the balance due on any security interest	43985
preserved under this chapter;	43986

(4) Fourth, apply the remaining amounts as follows:

43987

(a) If the forfeiture was ordered by a juvenile court, ten	43988
per cent to one or more certified alcohol and drug addiction	43989
treatment programs as provided in division (D) of section 2981.12	43990
of the Revised Code;	43991

(b) If the forfeiture was ordered in a juvenile court, ninety	43992
per cent, and if the forfeiture was ordered in a court other than	43993
a juvenile court, one hundred per cent to the law enforcement	43994
trust fund of the prosecutor and to the following fund supporting	43995
the law enforcement agency that substantially conducted the	43996
investigation: the law enforcement trust fund of the county	43997
sheriff, municipal corporation, township, or park district created	43998
under section 511.18 or 1545.01 of the Revised Code; the state	43999
highway patrol contraband, forfeiture, and other fund; the	44000
department of public safety investigative unit contraband,	44001
forfeiture, and other fund; the department of taxation enforcement	44002
fund; the board of pharmacy drug law enforcement fund created by	44003
division (B)(1) of section 4729.65 of the Revised Code; the	44004
medicaid fraud investigation and prosecution fund; or the	44005
treasurer of state for deposit into the peace officer training	44006
commission fund if any other state law enforcement agency	44007
substantially conducted the investigation. In the case of property	44008
forfeited for medicaid fraud, any remaining amount shall be used	44009
by the attorney general to investigate and prosecute medicaid	44010
fraud offenses.	44011

If the prosecutor declines to accept any of the remaining	44012
amounts, the amounts shall be applied to the fund of the agency	44013
that substantially conducted the investigation.	44014

(c) If more than one law enforcement agency is substantially	44015
involved in the seizure of property forfeited under this chapter,	44016
the court ordering the forfeiture shall equitably divide the	44017
amounts, after calculating any distribution to the law enforcement	44018
trust fund of the prosecutor pursuant to division (B)(4) of this	44019
section, among the entities that the court determines were	44020
substantially involved in the seizure.	44021

(C)(1) A law enforcement trust fund shall be established by	44022
the prosecutor of each county who intends to receive any remaining	44023
amounts pursuant to this section, by the sheriff of each county,	44024
by the legislative authority of each municipal corporation, by the	44025
board of township trustees of each township that has a township	44026
police department, township police district police force, or	44027
office of the constable, and by the board of park commissioners of	44028
each park district created pursuant to section 511.18 or 1545.01	44029
of the Revised Code that has a park district police force or law	44030
enforcement department, for the purposes of this section.	44031

There is hereby created in the state treasury the state	44032
highway patrol contraband, forfeiture, and other fund, the	44033
department of public safety investigative unit contraband,	44034
forfeiture, and other fund, the medicaid fraud investigation and	44035
prosecution fund, the department of taxation enforcement fund, and	44036
the peace officer training commission fund, for the purposes of	44037
this section.	44038

Amounts distributed to any municipal corporation, township,	44039
or park district law enforcement trust fund shall be allocated	44040
from the fund by the legislative authority only to the police	44041
department of the municipal corporation, by the board of township	44042
trustees only to the township police department, township police	44043
district police force, or office of the constable, and by the	44044
board of park commissioners only to the park district police force	44045
or law enforcement department.	44046

(2)(a) No amounts shall be allocated to a fund created under	44047
this section or used by an agency unless the agency has adopted a	44048
written internal control policy that addresses the use of moneys	44049
received from the appropriate fund. The appropriate fund shall be	44050
expended only in accordance with that policy and, subject to the	44051
requirements specified in this section, only for the following	44052
purposes:	44053

(i) To pay the costs of protracted or complex investigations	44054
or prosecutions;	44055

(ii) To provide reasonable technical training or expertise;

44056

(iii) To provide matching funds to obtain federal grants to	44057
aid law enforcement, in the support of DARE programs or other	44058
programs designed to educate adults or children with respect to	44059
the dangers associated with the use of drugs of abuse;	44060

(iv) To pay the costs of emergency action taken under section	44061
3745.13 of the Revised Code relative to the operation of an	44062
illegal methamphetamine laboratory if the forfeited property or	44063
money involved was that of a person responsible for the operation	44064
of the laboratory;	44065

(v) For other law enforcement purposes that the	44066
superintendent of the state highway patrol, department of public	44067
safety, prosecutor, county sheriff, legislative authority,	44068
department of taxation, board of township trustees, or board of	44069
park commissioners determines to be appropriate.	44070

(b) The board of pharmacy drug law enforcement fund shall be	44071
expended only in accordance with the written internal control	44072
policy so adopted by the board and only in accordance with section	44073
4729.65 of the Revised Code, except that it also may be expended	44074
to pay the costs of emergency action taken under section 3745.13	44075
of the Revised Code relative to the operation of an illegal	44076
methamphetamine laboratory if the forfeited property or money	44077
involved was that of a person responsible for the operation of the	44078
laboratory.	44079

(c) The state highway patrol contraband, forfeiture, and	44080
other fund, the department of public safety investigative unit	44081
contraband, forfeiture, and other fund, the department of taxation	44082
enforcement fund, the board of pharmacy drug law enforcement fund,	44083
and a law enforcement trust fund shall not be used to meet the	44084
operating costs of the state highway patrol, of the investigative	44085
unit of the department of public safety, of the state board of	44086
pharmacy, of any political subdivision, or of any office of a	44087
prosecutor or county sheriff that are unrelated to law	44088
enforcement.	44089

(d) Forfeited moneys that are paid into the state treasury to	44090
be deposited into the peace officer training commission fund shall	44091
be used by the commission only to pay the costs of peace officer	44092
training.	44093

(3) Any of the following offices or agencies that receive	44094
amounts under this section during any calendar year shall file a	44095
report with the specified entity, not later than the thirty-first	44096
day of January of the next calendar year, verifying that the	44097
moneys were expended only for the purposes authorized by this	44098
section or other relevant statute and specifying the amounts	44099
expended for each authorized purpose:	44100

(a) Any sheriff or prosecutor shall file the report with the	44101
county auditor.	44102

(b) Any municipal corporation police department shall file	44103
the report with the legislative authority of the municipal	44104
corporation.	44105

(c) Any township police department, township police district	44106
police force, or office of the constable shall file the report	44107
with the board of township trustees of the township.	44108

(d) Any park district police force or law enforcement	44109
department shall file the report with the board of park	44110
commissioners of the park district.	44111

(e) The superintendent of the state highway patrol and the	44112
tax commissioner shall file the report with the attorney general.	44113

(f) The executive director of the state board of pharmacy	44114
shall file the report with the attorney general, verifying that	44115
cash and forfeited proceeds paid into the board of pharmacy drug	44116
law enforcement fund were used only in accordance with section	44117
4729.65 of the Revised Code.	44118

(g) The peace officer training commission shall file a report	44119
with the attorney general, verifying that cash and forfeited	44120
proceeds paid into the peace officer training commission fund	44121
pursuant to this section during the prior calendar year were used	44122
by the commission during the prior calendar year only to pay the	44123
costs of peace officer training.	44124

(D) The written internal control policy of a county sheriff,	44125
prosecutor, municipal corporation police department, township	44126
police department, township police district police force, office	44127
of the constable, or park district police force or law enforcement	44128
department shall provide that at least ten per cent of the first	44129
one hundred thousand dollars of amounts deposited during each	44130
calendar year in the agency's law enforcement trust fund under	44131
this section, and at least twenty per cent of the amounts	44132
exceeding one hundred thousand dollars that are so deposited,	44133
shall be used in connection with community preventive education	44134
programs. The manner of use shall be determined by the sheriff,	44135
prosecutor, department, police force, or office of the constable	44136
after receiving and considering advice on appropriate community	44137
preventive education programs from the county's board of alcohol,	44138
drug addiction, and mental health services, from the county's	44139
alcohol and drug addiction services board, or through appropriate	44140
community dialogue.	44141

The financial records kept under the internal control policy	44142
shall specify the amount deposited during each calendar year in	44143
the portion of that amount that was used pursuant to this	44144
division, and the programs in connection with which the portion of	44145
that amount was so used.	44146

As used in this division, "community preventive education	44147
programs" include, but are not limited to, DARE programs and other	44148
programs designed to educate adults or children with respect to	44149
the dangers associated with using drugs of abuse.	44150

(E) Upon the sale, under this section or section 2981.12 of	44151
the Revised Code, of any property that is required by law to be	44152
titled or registered, the state shall issue an appropriate	44153
certificate of title or registration to the purchaser. If the	44154
state is vested with title and elects to retain property that is	44155
required to be titled or registered under law, the state shall	44156
issue an appropriate certificate of title or registration.	44157

(F) Any failure of a law enforcement officer or agency,	44158
prosecutor, court, or the attorney general to comply with this	44159
section in relation to any property seized does not affect the	44160
validity of the seizure and shall not be considered to be the	44161
basis for suppressing any evidence resulting from the seizure,	44162
provided the seizure itself was lawful.	44163

Sec. 3105.87. The court may order a public retirement	44164
program or the Ohio public employees deferred compensation program	44165
to provide information from a participant's personal history	44166
record necessary to determine the amounts described in division	44167
(D) of section 3105.82 of the Revised Code.	44168

Sec. 3111.04. (A) An action to determine the existence or	44169
nonexistence of the father and child relationship may be brought	44170
by the child or the child's personal representative, the child's	44171
mother or her personal representative, a man alleged or alleging	44172
himself to be the child's father, the child support enforcement	44173
agency of the county in which the child resides if the child's	44174
mother, father, or alleged father is a recipient of public	44175
assistance or of services under Title IV-D of the "Social Security	44176
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the	44177
alleged father's personal representative.	44178

(B) An agreement does not bar an action under this section.

44179

(C) If an action under this section is brought before the	44180
birth of the child and if the action is contested, all	44181
proceedings, except service of process and the taking of	44182
depositions to perpetuate testimony, may be stayed until after the	44183
birth.	44184

(D) A recipient of public assistance or of services under	44185
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	44186
U.S.C.A. 651, as amended, shall cooperate with the child support	44187
enforcement agency of the county in which a child resides to	44188
obtain an administrative determination pursuant to sections	44189
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	44190
determination pursuant to sections 3111.01 to 3111.18 of the	44191
Revised Code, of the existence or nonexistence of a parent and	44192
child relationship between the father and the child. If the	44193
recipient fails to cooperate, the agency may commence an action to	44194
determine the existence or nonexistence of a parent and child	44195
relationship between the father and the child pursuant to sections	44196
3111.01 to 3111.18 of the Revised Code.	44197

(E) As used in this section, "public assistance" means all	44198
of the following:	44199

(1) Medicaid under Chapter 5111. of the Revised Code;

44200

(2) Ohio works first under Chapter 5107. of the Revised Code;

44201

(3) Disability financial assistance under Chapter 5115. of	44202
the Revised Code;	44203

(4) ~~Disability medical assistance under Chapter 5115. of the~~	44204
~~Revised Code;~~	44205

~~(5)~~ Children's buy-in program under sections 5101.5211 to	44206
5101.5216 of the Revised Code.	44207

Sec. 3119.01. (A) As used in the Revised Code, "child	44208
support enforcement agency" means a child support enforcement	44209
agency designated under former section 2301.35 of the Revised Code	44210
prior to October 1, 1997, or a private or government entity	44211
designated as a child support enforcement agency under section	44212
307.981 of the Revised Code.	44213

(B) As used in this chapter and Chapters 3121., 3123., and	44214
3125. of the Revised Code:	44215

(1) "Administrative child support order" means any order	44216
issued by a child support enforcement agency for the support of a	44217
child pursuant to section 3109.19 or 3111.81 of the Revised Code	44218
or former section 3111.211 of the Revised Code, section 3111.21 of	44219
the Revised Code as that section existed prior to January 1, 1998,	44220
or section 3111.20 or 3111.22 of the Revised Code as those	44221
sections existed prior to March 22, 2001.	44222

(2) "Child support order" means either a court child support	44223
order or an administrative child support order.	44224

(3) "Obligee" means the person who is entitled to receive the	44225
support payments under a support order.	44226

(4) "Obligor" means the person who is required to pay support	44227
under a support order.	44228

(5) "Support order" means either an administrative child	44229
support order or a court support order.	44230

44231

(1) "Combined gross income" means the combined gross income	44232
of both parents.	44233

(2) "Court child support order" means any order issued by a	44234
court for the support of a child pursuant to Chapter 3115. of the	44235
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33,	44236
2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13,	44237
3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised	44238
Code, or division (B) of former section 3113.21 of the Revised	44239
Code.	44240

(3) "Court support order" means either a court child support	44241
order or an order for the support of a spouse or former spouse	44242
issued pursuant to Chapter 3115. of the Revised Code, section	44243
3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B)	44244
of former section 3113.21 of the Revised Code.	44245

(4) "Extraordinary medical expenses" means any uninsured	44246
medical expenses incurred for a child during a calendar year that	44247
exceed one hundred dollars.	44248

(5) "Income" means either of the following:

44249

(a) For a parent who is employed to full capacity, the gross	44250
income of the parent;	44251

(b) For a parent who is unemployed or underemployed, the sum	44252
of the gross income of the parent and any potential income of the	44253
parent.	44254

(6) "Insurer" means any person authorized under Title XXXIX	44255
of the Revised Code to engage in the business of insurance in this	44256
state, any health insuring corporation, and any legal entity that	44257
is self-insured and provides benefits to its employees or members.	44258

(7) "Gross income" means, except as excluded in division	44259
(C)(7) of this section, the total of all earned and unearned	44260
income from all sources during a calendar year, whether or not the	44261
income is taxable, and includes income from salaries, wages,	44262
overtime pay, and bonuses to the extent described in division (D)	44263
of section 3119.05 of the Revised Code; commissions; royalties;	44264
tips; rents; dividends; severance pay; pensions; interest; trust	44265
income; annuities; social security benefits, including retirement,	44266
disability, and survivor benefits that are not means-tested;	44267
workers' compensation benefits; unemployment insurance benefits;	44268
disability insurance benefits; benefits that are not means-tested	44269
and that are received by and in the possession of the veteran who	44270
is the beneficiary for any service-connected disability under a	44271
program or law administered by the United States department of	44272
veterans' affairs or veterans' administration; spousal support	44273
actually received; and all other sources of income. "Gross income"	44274
includes income of members of any branch of the United States	44275
armed services or national guard, including, amounts representing	44276
base pay, basic allowance for quarters, basic allowance for	44277
subsistence, supplemental subsistence allowance, cost of living	44278
adjustment, specialty pay, variable housing allowance, and pay for	44279
training or other types of required drills; self-generated income;	44280
and potential cash flow from any source.	44281

"Gross income" does not include any of the following:

44282

(a) Benefits received from means-tested government	44283
administered programs, including Ohio works first; prevention,	44284
retention, and contingency; means-tested veterans' benefits;	44285
supplemental security income; ~~food stamps~~supplemental nutrition	44286
assistance program; disability financial assistance; or other	44287
assistance for which eligibility is determined on the basis of	44288
income or assets;	44289

(b) Benefits for any service-connected disability under a	44290
program or law administered by the United States department of	44291
veterans' affairs or veterans' administration that are not	44292
means-tested, that have not been distributed to the veteran who is	44293
the beneficiary of the benefits, and that are in the possession of	44294
the United States department of veterans' affairs or veterans'	44295
administration;	44296

(c) Child support received for children who were not born or	44297
adopted during the marriage at issue;	44298

(d) Amounts paid for mandatory deductions from wages such as	44299
union dues but not taxes, social security, or retirement in lieu	44300
of social security;	44301

(e) Nonrecurring or unsustainable income or cash flow items;

44302

(f) Adoption assistance and foster care maintenance payments	44303
made pursuant to Title IV-E of the "Social Security Act," 94 Stat.	44304
501, 42 U.S.C.A. 670 (1980), as amended.	44305

(8) "Nonrecurring or unsustainable income or cash flow item"	44306
means an income or cash flow item the parent receives in any year	44307
or for any number of years not to exceed three years that the	44308
parent does not expect to continue to receive on a regular basis.	44309
"Nonrecurring or unsustainable income or cash flow item" does not	44310
include a lottery prize award that is not paid in a lump sum or	44311
any other item of income or cash flow that the parent receives or	44312
expects to receive for each year for a period of more than three	44313
years or that the parent receives and invests or otherwise uses to	44314
produce income or cash flow for a period of more than three years.	44315

(9)(a) "Ordinary and necessary expenses incurred in	44316
generating gross receipts" means actual cash items expended by the	44317
parent or the parent's business and includes depreciation expenses	44318
of business equipment as shown on the books of a business entity.	44319

(b) Except as specifically included in "ordinary and	44320
necessary expenses incurred in generating gross receipts" by	44321
division (C)(9)(a) of this section, "ordinary and necessary	44322
expenses incurred in generating gross receipts" does not include	44323
depreciation expenses and other noncash items that are allowed as	44324
deductions on any federal tax return of the parent or the parent's	44325
business.	44326

(10) "Personal earnings" means compensation paid or payable	44327
for personal services, however denominated, and includes wages,	44328
salary, commissions, bonuses, draws against commissions, profit	44329
sharing, vacation pay, or any other compensation.	44330

(11) "Potential income" means both of the following for a	44331
parent who the court pursuant to a court support order, or a child	44332
support enforcement agency pursuant to an administrative child	44333
support order, determines is voluntarily unemployed or voluntarily	44334
underemployed:	44335

(a) Imputed income that the court or agency determines the	44336
parent would have earned if fully employed as determined from the	44337
following criteria:	44338

(i) The parent's prior employment experience;

44339

(ii) The parent's education;

44340

(iii) The parent's physical and mental disabilities, if any;

44341

(iv) The availability of employment in the geographic area in	44342
which the parent resides;	44343

(v) The prevailing wage and salary levels in the geographic	44344
area in which the parent resides;	44345

(vi) The parent's special skills and training;

44346

(vii) Whether there is evidence that the parent has the	44347
ability to earn the imputed income;	44348

(viii) The age and special needs of the child for whom child	44349
support is being calculated under this section;	44350

(ix) The parent's increased earning capacity because of	44351
experience;	44352

(x) Any other relevant factor.

44353

(b) Imputed income from any nonincome-producing assets of a	44354
parent, as determined from the local passbook savings rate or	44355
another appropriate rate as determined by the court or agency, not	44356
to exceed the rate of interest specified in division (A) of	44357
section 1343.03 of the Revised Code, if the income is significant.	44358

(12) "Schedule" means the basic child support schedule set	44359
forth in section 3119.021 of the Revised Code.	44360

(13) "Self-generated income" means gross receipts received by	44361
a parent from self-employment, proprietorship of a business, joint	44362
ownership of a partnership or closely held corporation, and rents	44363
minus ordinary and necessary expenses incurred by the parent in	44364
generating the gross receipts. "Self-generated income" includes	44365
expense reimbursements or in-kind payments received by a parent	44366
from self-employment, the operation of a business, or rents,	44367
including company cars, free housing, reimbursed meals, and other	44368
benefits, if the reimbursements are significant and reduce	44369
personal living expenses.	44370

(14) "Split parental rights and responsibilities" means a	44371
situation in which there is more than one child who is the subject	44372
of an allocation of parental rights and responsibilities and each	44373
parent is the residential parent and legal custodian of at least	44374
one of those children.	44375

(15) "Worksheet" means the applicable worksheet that is used	44376
to calculate a parent's child support obligation as set forth in	44377
sections 3119.022 and 3119.023 of the Revised Code.	44378

Sec. 3119.371. (A) As used in this section:

44379

(1) "Health insurance provider" means:

44380

(a) A person authorized to engage in the business of sickness	44381
and accident insurance under Title XXXIX of the Revised Code;	44382

(b) A person or government entity providing coverage for	44383
medical services or items to individuals on a self-insurance	44384
basis;	44385

(c) A health insuring corporation as defined in section	44386
1751.01 of the Revised Code;	44387

(d) A group health plan as defined in 29 U.S.C. 1167;

44388

(e) Any organization, business, or association described in	44389
42 U.S.C. 1396a(a)(25); or	44390

(f) A managed care organization.

44391

(2) "Information" means all of the following:

44392

(a) An individual's name, address, date of birth, and social	44393
security number;	44394

(b) The group or plan number or other identifier assigned by	44395
a health insurance provider to a policy held by an individual or a	44396
plan in which the individual participates and the nature of the	44397
coverage; and	44398

(c) Any other data specified by the director of job and	44399
family services in rules adopted under section 3119.51 of the	44400
Revised Code.	44401

(B) Upon request of the office of child support in the	44402
department of job and family services and for the purpose of	44403
establishing and enforcing orders to provide health insurance	44404
coverage, a health insurance provider shall provide the	44405
information described in division (A)(2) of this section to the	44406
office of child support.	44407

Sec. 3119.54. A party to a child support order issued in	44408
accordance with section 3119.30 of the Revised Code shall notify	44409
any physician, hospital, or other provider of medical services	44410
that provides medical services to the child who is the subject of	44411
the child support order of the number of any health insurance or	44412
health care policy, contract, or plan that covers the child if the	44413
child is eligible for medical assistance under sections 5101.5211	44414
to 5101.5216 or Chapter 5111. ~~or 5115.~~ of the Revised Code. The	44415
party shall include in the notice the name and address of the	44416
insurer. Any physician, hospital, or other provider of medical	44417
services for which medical assistance is available under sections	44418
5101.5211 to 5101.5216 or Chapter 5111. ~~or 5115.~~ of the Revised	44419
Code who is notified under this section of the existence of a	44420
health insurance or health care policy, contract, or plan with	44421
coverage for children who are eligible for medical assistance	44422
shall first bill the insurer for any services provided for those	44423
children. If the insurer fails to pay all or any part of a claim	44424
filed under this section and the services for which the claim is	44425
filed are covered by sections 5101.5211 to 5101.5216 or Chapter	44426
5111. ~~or 5115.~~ of the Revised Code, the physician, hospital, or	44427
other medical services provider shall bill the remaining unpaid	44428
costs of the services in accordance with sections 5101.5211 to	44429
5101.5216 or Chapter 5111. ~~or 5115.~~ of the Revised Code.	44430

Sec. 3121.03. If a court or child support enforcement	44431
agency that issued or modified a support order, or the agency	44432
administering the support order, is required by the Revised Code	44433
to issue one or more withholding or deduction notices described in	44434
this section or other orders described in this section, the court	44435
or agency shall issue one or more of the following types of	44436
notices or orders, as appropriate, for payment of the support and	44437
also, if required by the Revised Code or the court, to pay any	44438
arrearages:	44439

(A)(1) If the court or the child support enforcement agency	44440
determines that the obligor is receiving income from a payor, the	44441
court or agency shall require the payor to do all of the	44442
following:	44443

(a) Withhold from the obligor's income a specified amount for	44444
support in satisfaction of the support order and begin the	44445
withholding no later than fourteen business days following the	44446
date the notice is mailed or transmitted to the payor under	44447
section 3121.035, 3123.021, or 3123.06 of the Revised Code and	44448
division (A)(2) of this section or, if the payor is an employer,	44449
no later than the first pay period that occurs after fourteen	44450
business days following the date the notice is mailed or	44451
transmitted;	44452

(b) Send the amount withheld to the office of child support	44453
in the department of job and family services pursuant to section	44454
3121.43 of the Revised Code immediately but not later than seven	44455
business days after the date the obligor is paid;	44456

(c) Continue the withholding at intervals specified in the	44457
notice until further notice from the court or child support	44458
enforcement agency.	44459

To the extent possible, the amount specified to be withheld	44460
shall satisfy the amount ordered for support in the support order	44461
plus any arrearages owed by the obligor under any prior support	44462
order that pertained to the same child or spouse, notwithstanding	44463
any applicable limitations of sections 2329.66, 2329.70, 2716.02,	44464
2716.041, and 2716.05 of the Revised Code. However, in no case	44465
shall the sum of the amount to be withheld and any fee withheld by	44466
the payor as a charge for its services exceed the maximum amount	44467
permitted under section 303(b) of the "Consumer Credit Protection	44468
Act," 15 U.S.C. 1673(b).	44469

(2) A court or agency that imposes an income withholding	44470
requirement shall, within the applicable time specified in section	44471
3119.80, 3119.81, 3121.035, 3123.021, or 3123.06 of the Revised	44472
Code, send to the obligor's payor by regular mail or via secure	44473
federally managed data transmission interface a notice that	44474
contains all of the information applicable to withholding notices	44475
set forth in section 3121.037 of the Revised Code. The notice is	44476
final and is enforceable by the court.	44477

(B)(1) If the court or child support enforcement agency	44478
determines that the obligor has funds that are not exempt under	44479
the laws of this state or the United States from execution,	44480
attachment, or other legal process and are on deposit in an	44481
account in a financial institution under the jurisdiction of the	44482
court that issued the court support order, or in the case of an	44483
administrative child support order, under the jurisdiction of the	44484
common pleas court of the county in which the agency that issued	44485
or is administering the order is located, the court or agency may	44486
require any financial institution in which the obligor's funds are	44487
on deposit to do all of the following:	44488

(a) Deduct from the obligor's account a specified amount for	44489
support in satisfaction of the support order and begin the	44490
deduction no later than fourteen business days following the date	44491
the notice was mailed or transmitted to the financial institution	44492
under section 3121.035 or 3123.06 of the Revised Code and division	44493
(B)(2) of this section;	44494

(b) Send the amount deducted to the office of child support	44495
in the department of job and family services pursuant to section	44496
3121.43 of the Revised Code immediately but not later than seven	44497
business days after the date the latest deduction was made;	44498

44499

(d) Continue the deduction at intervals specified in the	44500
notice until further notice from the court or child support	44501
enforcement agency.	44502

To the extent possible, the amount to be deducted shall	44503
satisfy the amount ordered for support in the support order plus	44504
any arrearages that may be owed by the obligor under any prior	44505
support order that pertained to the same child or spouse,	44506
notwithstanding the limitations of sections 2329.66, 2329.70, and	44507
2716.13 of the Revised Code.	44508

(2) A court or agency that imposes a deduction requirement	44509
shall, within the applicable period of time specified in section	44510
3119.80, 3119.81, 3121.035, or 3123.06 of the Revised Code, send	44511
to the financial institution by regular mail or via secure	44512
federally managed data transmission interface a notice that	44513
contains all of the information applicable to deduction notices	44514
set forth in section 3121.037 of the Revised Code. The notice is	44515
final and is enforceable by the court.	44516

(C) With respect to any court support order it issues, a	44517
court may issue an order requiring the obligor to enter into a	44518
cash bond with the court. The court shall issue the order as part	44519
of the court support order or, if the court support order has	44520
previously been issued, as a separate order. The cash bond shall	44521
be in a sum fixed by the court at not less than five hundred nor	44522
more than ten thousand dollars, conditioned that the obligor will	44523
make payment as previously ordered and will pay any arrearages	44524
under any prior court support order that pertained to the same	44525
child or spouse.	44526

The order, along with an additional order requiring the	44527
obligor to immediately notify the child support enforcement	44528
agency, in writing, if the obligor begins to receive income from a	44529
payor, shall be attached to and served on the obligor at the same	44530
time as service of the court support order or, if the court	44531
support order has previously been issued, as soon as possible	44532
after the issuance of the order under this section. The additional	44533
order requiring notice by the obligor shall state all of the	44534
following:	44535

(1) That when the obligor begins to receive income from a	44536
payor the obligor may request that the court cancel its bond order	44537
and instead issue a notice requiring the withholding of an amount	44538
from income for support in accordance with this section;	44539

(2) That when the obligor begins to receive income from a	44540
payor the court will proceed to collect on the bond if the court	44541
determines that payments due under the court support order have	44542
not been made and that the amount that has not been paid is at	44543
least equal to the support owed for one month under the court	44544
support order and will issue a notice requiring the withholding of	44545
an amount from income for support in accordance with this section.	44546
The notice required of the obligor shall include a description of	44547
the nature of any new employment, the name and business address of	44548
any new employer, and any other information reasonably required by	44549
the court.	44550

The court shall not order an obligor to post a cash bond	44551
under this section unless the court determines that the obligor	44552
has the ability to do so.	44553

A child support enforcement agency may not issue a cash bond	44554
order. If a child support enforcement agency is required to issue	44555
a withholding or deduction notice under this section with respect	44556
to a court support order but the agency determines that no	44557
withholding or deduction notice would be appropriate, the agency	44558
may request that the court issue a cash bond order under this	44559
section, and upon the request, the court may issue the order.	44560

(D)(1) If the obligor under a court support order is	44561
unemployed, has no income, and does not have an account at any	44562
financial institution, or on request of a child support	44563
enforcement agency under division (D)(1) or (2) of this section,	44564
the court shall issue an order requiring the obligor, if able to	44565
engage in employment, to seek employment or participate in a work	44566
activity to which a recipient of assistance under Title IV-A of	44567
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	44568
as amended, may be assigned as specified in section 407(d) of the	44569
"Social Security Act," 42 U.S.C.A. 607(d), as amended. The court	44570
shall include in the order a requirement that the obligor notify	44571
the child support enforcement agency on obtaining employment,	44572
obtaining any income, or obtaining ownership of any asset with a	44573
value of five hundred dollars or more. The court may issue the	44574
order regardless of whether the obligee to whom the obligor owes	44575
support is a recipient of assistance under Title IV-A of the	44576
"Social Security Act." The court shall issue the order as part of	44577
a court support order or, if a court support order has previously	44578
been issued, as a separate order. If a child support enforcement	44579
agency is required to issue a withholding or deduction notice	44580
under this section with respect to a court support order but	44581
determines that no withholding or deduction notice would be	44582
appropriate, the agency may request that the court issue a court	44583
order under division (D)(1) of this section, and, on the request,	44584
the court may issue the order.	44585

(2) If the obligor under an administrative child support	44586
order is unemployed, has no income, and does not have an account	44587
at any financial institution, the agency shall issue an	44588
administrative order requiring the obligor, if able to engage in	44589
employment, to seek employment or participate in a work activity	44590
to which a recipient of assistance under Title IV-A of the "Social	44591
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,	44592
may be assigned as specified in section 407(d) of the "Social	44593
Security Act," 42 U.S.C.A. 607(d), as amended. The agency shall	44594
include in the order a requirement that the obligor notify the	44595
agency on obtaining employment or income, or ownership of any	44596
asset with a value of five hundred dollars or more. The agency may	44597
issue the order regardless of whether the obligee to whom the	44598
obligor owes support is a recipient of assistance under Title IV-A	44599
of the "Social Security Act." If an obligor fails to comply with	44600
an administrative order issued pursuant to division (D)(2) of this	44601
section, the agency shall submit a request to a court for the	44602
court to issue an order under division (D)(1) of this section.	44603

Sec. 3121.035. Within fifteen days after an obligor under a	44604
support order is located following issuance or modification of the	44605
support order, the court or child support enforcement agency that	44606
issued or modified the support order, or the agency, pursuant to	44607
an agreement with the court with respect to a court support order,	44608
shall do either of the following:	44609

(A) If a withholding or deduction notice described in section	44610
3121.03 of the Revised Code is appropriate, send the notice by	44611
regular mail or via secure federally managed data transmission	44612
interface to each person required to comply with it;	44613

(B) If an order described in section 3121.03, 3121.04 to	44614
3121.08, or 3121.12 of the Revised Code is appropriate, issue and	44615
send the appropriate order.	44616

Sec. 3121.037. (A) A withholding notice sent under section	44617
3121.03 of the Revised Code shall contain all of the following:	44618

(1) Notice of the amount to be withheld from the obligor's	44619
income and a statement that, notwithstanding that amount, the	44620
payor may not withhold an amount for support and other purposes,	44621
including the fee described in division (A)~~(11)~~(12) of this	44622
section, that exceeds the maximum amounts permitted under section	44623
303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b);	44624

(2) A statement that the payor is required to send the amount	44625
withheld to the office of child support immediately, but not later	44626
than seven business days, after the obligor is paid and is	44627
required to report to the agency the date the amount was withheld;	44628

(3) A statement that the withholding shall be submitted to	44629
the state via electronic means if the employer employs more than	44630
fifty employees;	44631

(4) A statement that the withholding is binding on the payor	44632
until further notice from the court or agency;	44633

~~(4)~~(5) A statement that if the payor is an employer, the	44634
payor is subject to a fine to be determined under the law of this	44635
state for discharging the obligor from employment, refusing to	44636
employ the obligor, or taking any disciplinary action against the	44637
obligor because of the withholding requirement;	44638

~~(5)~~(6) A statement that, if the payor fails to withhold in	44639
accordance with the notice, the payor is liable for the	44640
accumulated amount the payor should have withheld from the	44641
obligor's income;	44642

~~(6)~~(7) A statement that, except for deductions from lump sum	44643
payments made in accordance with section 3121.0311 of the Revised	44644
Code, the withholding in accordance with the notice has priority	44645
over any other legal process under the law of this state against	44646
the same income;	44647

~~(7)~~(8) The date on which the notice was mailed and a	44648
statement that the payor is required to implement the withholding	44649
no later than fourteen business days following the date the notice	44650
was mailed or, if the payor is an employer, no later than the	44651
first pay period that occurs after fourteen business days	44652
following the date the notice was mailed, and is required to	44653
continue the withholding at the intervals specified in the notice.	44654

~~(8)~~(9) A requirement that the payor do the following:

44655

(a) Promptly notify the child support enforcement agency	44656
administering the support order, in writing, within ten business	44657
days after the date of any situation that occurs in which the	44658
payor ceases to pay income to the obligor in an amount sufficient	44659
to comply with the order, including termination of employment,	44660
layoff of the obligor from employment, any leave of absence of the	44661
obligor from employment without pay, termination of workers'	44662
compensation benefits, or termination of any pension, annuity,	44663
allowance, or retirement benefit;	44664

(b) Provide the agency with the obligor's last known address	44665
and, with respect to a court support order and if known, notify	44666
the agency of any new employer or income source and the name,	44667
address, and telephone number of the new employer or income	44668
source.	44669

~~(9)~~(10) A requirement that, if the payor is an employer, the	44670
payor do both of the following:	44671

(a) Identify in the notice given under division (A)~~(8)~~(9) of	44672
this section any types of benefits other than personal earnings	44673
the obligor is receiving or is eligible to receive as a benefit of	44674
employment or as a result of the obligor's termination of	44675
employment, including, but not limited to, unemployment	44676
compensation, workers' compensation benefits, severance pay, sick	44677
leave, lump sum payments of retirement benefits or contributions,	44678
and bonuses or profit-sharing payments or distributions, and the	44679
amount of the benefits;	44680

(b) Include in the notice the obligor's last known address	44681
and telephone number, date of birth, social security number, and	44682
case number and, if known, the name and business address of any	44683
new employer of the obligor.	44684

~~(10)~~(11) Subject to section 3121.0311 of the Revised Code, a	44685
requirement that, no later than the earlier of forty-five days	44686
before a lump sum payment is to be made or, if the obligor's right	44687
to the lump sum payment is determined less than forty-five days	44688
before it is to be made, the date on which that determination is	44689
made, the payor notify the child support enforcement agency	44690
administering the support order of any lump sum payment of any	44691
kind of one hundred fifty dollars or more that is to be paid to	44692
the obligor, hold each lump sum payment of one hundred fifty	44693
dollars or more for thirty days after the date on which it would	44694
otherwise be paid to the obligor and, on order of the court or	44695
agency that issued the support order, pay all or a specified	44696
amount of the lump sum payment to the office of child support;	44697

~~(11)~~(12) A statement that, in addition to the amount withheld	44698
for support, the payor may withhold a fee from the obligor's	44699
income as a charge for its services in complying with the notice	44700
and a specification of the amount that may be withheld.	44701

(B) A deduction notice sent under section 3121.03 of the	44702
Revised Code shall contain all of the following:	44703

(1) Notice of the amount to be deducted from the obligor's	44704
account;	44705

(2) A statement that the financial institution is required to	44706
send the amount deducted to the office of child support	44707
immediately, but not later than seven business days, after the	44708
date the last deduction was made and to report to the child	44709
support enforcement agency the date on which the amount was	44710
deducted;	44711

(3) A statement that the deduction is binding on the	44712
financial institution until further notice from the court or	44713
agency;	44714

(4) A statement that the deduction in accordance with the	44715
notice has priority over any other legal process under the law of	44716
this state against the same account;	44717

(5) The date on which the notice was mailed and a statement	44718
that the financial institution is required to implement the	44719
deduction no later than fourteen business days following that date	44720
and to continue the deduction at the intervals specified in the	44721
notice;	44722

(6) A requirement that the financial institution promptly	44723
notify the child support enforcement agency administering the	44724
support order, in writing, within ten days after the date of any	44725
termination of the account from which the deduction is being made	44726
and notify the agency, in writing, of the opening of a new account	44727
at that financial institution, the account number of the new	44728
account, the name of any other known financial institutions in	44729
which the obligor has any accounts, and the numbers of those	44730
accounts;	44731

(7) A requirement that the financial institution include in	44732
all notices the obligor's last known mailing address, last known	44733
residence address, and social security number;	44734

(8) A statement that, in addition to the amount deducted for	44735
support, the financial institution may deduct a fee from the	44736
obligor's account as a charge for its services in complying with	44737
the notice and a specification of the amount that may be deducted.	44738

Sec. 3121.0311. (A) If a lump sum payment referred to in	44739
division (A)~~(10)~~(11) of section 3121.037 of the Revised Code	44740
consists of workers' compensation benefits and the obligor is	44741
represented by an attorney with respect to the obligor's workers'	44742
compensation claim, prior to issuing the notice to the child	44743
support enforcement agency required by that division, the	44744
administrator of workers' compensation, for claims involving state	44745
fund employers, or a self-insuring employer, for that employer's	44746
claims, shall notify the obligor and the obligor's attorney in	44747
writing that the obligor is subject to a support order and that	44748
the administrator or self-insuring employer, as appropriate, shall	44749
hold the lump sum payment for a period of thirty days after the	44750
administrator or self-insuring employer sends this written notice,	44751
pending receipt of the information referred to in division (B) of	44752
this section.	44753

(B) The administrator or self-insuring employer, as	44754
appropriate, shall instruct the obligor's attorney in writing to	44755
file a copy of the fee agreement signed by the obligor, along with	44756
an affidavit signed by the attorney setting forth the amount of	44757
the attorney's fee with respect to the lump sum payment award to	44758
the obligor and the amount of all necessary expenses, along with	44759
documentation of those expenses, incurred by the attorney with	44760
respect to obtaining the lump sum award. The obligor's attorney	44761
shall file the fee agreement and attorney affidavit with the	44762
administrator or self-insuring employer, as appropriate, within	44763
thirty days after the date the administrator or self-insuring	44764
employer sends the notice required by division (A) of this	44765
section.	44766

(C) Upon receipt of the fee agreement and attorney affidavit,	44767
the administrator or self-insuring employer, as appropriate, shall	44768
deduct from the lump sum payment the amount of the attorney's fee	44769
and necessary expenses and pay that amount directly to and solely	44770
in the name of the attorney within fourteen days after the fee	44771
agreement and attorney affidavit have been filed with the	44772
administrator or self-insuring employer.	44773

(D) After deducting any attorney's fee and necessary	44774
expenses, if the lump sum payment is one hundred fifty dollars or	44775
more, the administrator or self-insuring employer, as appropriate,	44776
shall hold the balance of the lump sum award in accordance with	44777
division (A)~~(10)~~(11) of section 3121.037 of the Revised Code.	44778

Sec. 3121.19. (A) The entire amount withheld or deducted	44779
pursuant to a withholding or deduction notice described in section	44780
3121.03 of the Revised Code shall be forwarded to the office of	44781
child support in the department of job and family services	44782
immediately, but not later than seven business days, after the	44783
withholding or deduction, as directed in the withholding or	44784
deduction notice.	44785

(B) An employer who employs more than fifty employees shall	44786
submit the entire amount withheld pursuant to a withholding notice	44787
described in section 3121.03 of the Revised Code by electronic	44788
transfer to the office of child support in the department of job	44789
and family services immediately, but not later than seven business	44790
days, after the withholding, as directed in the withholding	44791
notice.	44792

Sec. 3121.20. (A) A payor or financial institution required	44793
to withhold or deduct a specified amount from the income or	44794
savings of more than one obligor under a withholding or deduction	44795
notice described in section 3121.03 of the Revised Code and to	44796
forward the amounts withheld or deducted to the office of child	44797
support may combine all of the amounts to be forwarded in one	44798
payment if the payment is accompanied by a list that clearly	44799
identifies ~~each~~all of the following:	44800

(1) Each obligor covered by the payment ~~and the~~;

44801

(2) Each child support case, numbered as provided on the	44802
withholding or deduction notice, that is covered by the payment;	44803

(3) The portion of the payment attributable to each obligor	44804
and each case number.	44805

(B) A payor who employs more than fifty employees and who is	44806
required to submit the withholding by electronic transfer pursuant	44807
to sections 3121.037 and 3121.19 of the Revised Code shall combine	44808
all of the amounts to be forwarded in one payment. The payment	44809
shall be accompanied by information that clearly identifies all of	44810
the following:	44811

(1) Each obligor that is covered by the payment;

44812

(2) Each child support case, numbered as provided on the	44813
withholding notice issued pursuant to section 3121.03 of the	44814
Revised Code, that is covered by the payment;	44815

(3) The portion of the payment attributable to each obligor	44816
and each case number.	44817

Sec. 3121.898. The department of job and family services	44818
shall use the new hire reports it receives for any of the	44819
following purposes set forth in 42 U.S.C. 653a, as amended,	44820
including:	44821

(A) To locate individuals for the purposes of establishing	44822
paternity and for establishing, modifying, and enforcing child	44823
support orders.	44824

(B) As used in this division, "state agency" means every	44825
department, bureau, board, commission, office, or other organized	44826
body established by the constitution or laws of this state for the	44827
exercise of state government; every entity of county government	44828
that is subject to the rules of a state agency; and every	44829
contractual agent of a state agency.	44830

To make available to any state agency responsible for	44831
administering any of the following programs for purposes of	44832
verifying program eligibility:	44833

(1) Any Title IV-A program as defined in section 5101.80 of	44834
the Revised Code;	44835

(2) The medicaid program authorized by Chapter 5111. of the	44836
Revised Code;	44837

(3) The unemployment compensation program authorized by	44838
Chapter 4141. of the Revised Code;	44839

(4) The ~~food stamp~~supplemental nutrition assistance program	44840
authorized by section 5101.54 of the Revised Code;	44841

(5) Any other program authorized in 42 U.S.C. 1320b-7(b), as	44842
amended.	44843

(C) The administration of the employment security program	44844
under the director of job and family services.	44845

Sec. 3123.952. A child support enforcement agency may submit	44846
the name of a delinquent obligor to the office of child support	44847
for inclusion on a poster only if all of the following apply:	44848

(A) The obligor is subject to a support order and there has	44849
been an attempt to enforce the order through a public notice, a	44850
wage withholding order, a lien on property, a financial	44851
institution deduction order, or other court-ordered procedures.	44852

(B) The department of job and family services reviewed the	44853
obligor's records and confirms the child support enforcement	44854
agency's finding that the obligor's name and photograph may be	44855
submitted to be displayed on a poster.	44856

(C) The agency does not know or is unable to verify the	44857
obligor's whereabouts.	44858

(D) The obligor is not a participant in Ohio works first or	44859
the prevention, retention, and contingency program or a recipient	44860
of disability financial assistance, supplemental security income,	44861
or ~~food stamps~~supplemental nutrition assistance program benefits.	44862

(E) The child support enforcement agency does not have	44863
evidence that the obligor has filed for protection under the	44864
federal Bankruptcy Code, 11 U.S.C.A. 101, as amended.	44865

(F) The obligee gave written authorization to the agency to	44866
display the obligor on a poster.	44867

(G) A legal representative of the agency and a child support	44868
enforcement administrator reviewed the case.	44869

(H) The agency is able to submit to the department a	44870
description and photograph of the obligor, a statement of the	44871
possible locations of the obligor, and any other information	44872
required by the department.	44873

Sec. 3125.25. The director of job and family services shall	44874
adopt rules under Chapter 119. of the Revised Code governing the	44875
operation of support enforcement by child support enforcement	44876
agencies. The rules shall include, but shall not be limited to,	44877
~~provisions~~the following:	44878

(A) Provisions relating to plans of cooperation between the	44879
agencies and boards of county commissioners entered into under	44880
section 3125.12 of the Revised Code~~, requirements~~;	44881

(B) Provisions for the compromise and waiver of child support	44882
arrearages owed to the state and federal government, consistent	44883
with Title IV-D of the "Social Security Act," 88 Stat. 2351	44884
(1975), 42 U.S.C. 651 et seq., as amended;	44885

(C) Requirements for public hearings by the agencies~~, and~~	44886
~~provisions~~;	44887

(D) Provisions for appeals of agency decisions under	44888
procedures established by the director.	44889

Sec. 3301.041. The state board of education shall make	44890
available via the internet an audio recording of each regular and	44891
special business meeting of the state board conducted on or after	44892
the effective date of this section. The state board shall make the	44893
audio recording available not later than five business days after	44894
the conclusion of each such meeting. The state board shall not	44895
make available audio recordings of executive sessions conducted	44896
in accordance with division (G) of section 121.22 of the Revised	44897
Code.	44898

The state board may contract or consult with the Ohio	44899
government telecommunications service, and the Ohio government	44900
telecommunications service may provide technical assistance, in	44901
implementing and complying with this section.	44902

Sec. 3301.07. The state board of education shall exercise	44903
under the acts of the general assembly general supervision of the	44904
system of public education in the state. In addition to the powers	44905
otherwise imposed on the state board under the provisions of law,	44906
the board shall have the ~~following~~ powers:described in this	44907
section.	44908

(A) ~~Exercise~~The state board shall exercise policy forming,	44909
planning, and evaluative functions for the public schools of the	44910
state~~, and for adult education,~~ except as otherwise provided by	44911
law;.	44912

(B) ~~Exercise~~(1) The state board shall exercise leadership in	44913
the improvement of public education in this state, and administer	44914
the educational policies of this state relating to public schools,	44915
and relating to instruction and instructional material, building	44916
and equipment, transportation of pupils, administrative	44917
responsibilities of school officials and personnel, and finance	44918
and organization of school districts, educational service centers,	44919
and territory. Consultative and advisory services in such matters	44920
shall be provided by the board to school districts and educational	44921
service centers of this state. ~~The~~	44922

(2) The state board also shall develop a standard of	44923
financial reporting which shall be used by ~~all~~each school	44924
~~districts~~district board of education and educational service	44925
~~centers~~center governing board to make ~~their~~its financial	44926
information and annual budgets for each school building under its	44927
control available to the public in a format understandable by the	44928
average citizen ~~and provide year-to-year comparisons for at least~~	44929
~~five years~~. The format shall show, among other things, at the	44930
district and educational service center level or at the school	44931
building level, as determined appropriate by the department of	44932
education, revenue by source; expenditures for salaries, wages,	44933
and benefits of employees, showing such amounts separately for	44934
classroom teachers, other employees required to hold licenses	44935
issued pursuant to sections 3319.22 to 3319.31 of the Revised	44936
Code, and all other employees; expenditures other than for	44937
personnel, by category, including utilities, textbooks and other	44938
educational materials, equipment, permanent improvements, pupil	44939
transportation, extracurricular athletics, and other	44940
extracurricular activities; and per pupil expenditures.	44941

(C) ~~Administer~~The state board shall administer and supervise	44942
the allocation and distribution of all state and federal funds for	44943
public school education under the provisions of law, and may	44944
prescribe such systems of accounting as are necessary and proper	44945
to this function. It may require county auditors and treasurers,	44946
boards of education, educational service center governing boards,	44947
treasurers of such boards, teachers, and other school officers and	44948
employees, or other public officers or employees, to file with it	44949
such reports as it may prescribe relating to such funds, or to the	44950
management and condition of such funds.	44951

(D) ~~Formulate~~(1) Wherever in Titles IX, XXIII, XXIX, XXXIII,	44952
XXXVII, XLVII, and LI of the Revised Code a reference is made to	44953
standards prescribed under this section or division (D) of this	44954
section, that reference shall be construed to refer to the	44955
standards prescribed under division (D)(2) of this section, unless	44956
the context specifically indicates a different meaning or intent.	44957

(2) The state board shall formulate and prescribe minimum	44958
standards to be applied to all elementary and secondary schools in	44959
this state for the purpose of requiring a general education of	44960
high quality. Such standards shall provide adequately for: the	44961
licensing of teachers, administrators, and other professional	44962
personnel and their assignment according to training and	44963
qualifications; efficient and effective instructional materials	44964
and equipment, including library facilities; the proper	44965
organization, administration, and supervision of each school,	44966
including regulations for preparing all necessary records and	44967
reports and the preparation of a statement of policies and	44968
objectives for each school; buildings, grounds, health and	44969
sanitary facilities and services; admission of pupils, and such	44970
requirements for their promotion from grade to grade as will	44971
assure that they are capable and prepared for the level of study	44972
to which they are certified; requirements for graduation; and such	44973
other factors as the board finds necessary.	44974

In the formulation and administration of such standards for	44975
nonpublic schools the board shall also consider the particular	44976
needs, methods and objectives of those schools, provided they do	44977
not conflict with the provision of a general education of a high	44978
quality and provided that regular procedures shall be followed for	44979
promotion from grade to grade of pupils who have met the	44980
educational requirements prescribed.	44981

~~(E) May~~In the formulation and administration of such	44982
standards as they relate to instructional materials and equipment	44983
in public schools, including library materials, the board shall	44984
require that the material and equipment be aligned with and	44985
promote skills expected under the statewide academic standards	44986
adopted under section 3301.079 of the Revised Code.	44987

(3) In addition to the minimum standards required by	44988
division (D)(2) of this section, the state board shall formulate	44989
and prescribe the following additional minimum operating	44990
standards for school districts:	44991

(a) Standards for the effective and efficient organization,	44992
administration, and supervision of each school district so that it	44993
becomes a thinking and learning organization according to	44994
principles of systems design and collaborative professional	44995
learning communities research as defined by the superintendent of	44996
public instruction, including a focus on the personalized and	44997
individualized needs of each student; a shared responsibility	44998
among school boards, administrators, faculty, and staff to develop	44999
a common vision, mission, and set of guiding principles; a shared	45000
responsibility among school boards, administrators, faculty, and	45001
staff to engage in a process of collective inquiry, action	45002
orientation, and experimentation to ensure the academic success of	45003
all students; commitment to teaching and learning strategies that	45004
utilize technological tools and emphasize inter-disciplinary,	45005
real-world, project-based, and technology-oriented learning	45006
experiences to meet the individual needs of every student;	45007
commitment to high expectations for every student and commitment	45008
to closing the achievement gap so that all students achieve core	45009
knowledge and skills in accordance with the statewide academic	45010
standards adopted under section 3301.079 of the Revised Code;	45011
commitment to the use of assessments to diagnose the needs of	45012
each student; effective connections and relationships with	45013
families and others that support student success; and commitment	45014
to the use of positive behavior intervention supports throughout	45015
a district to ensure a safe and secure learning environment for	45016
all students;	45017

(b) Standards for the establishment of business advisory	45018
councils and family and civic engagement teams by school	45019
districts under sections 3313.82, 3313.821, and 3313.822 of the	45020
Revised Code;	45021

(c) Standards incorporating the classifications for the	45022
components of the adequacy amount under Chapter 3306. of the	45023
Revised Code into core academic strategy components and academic	45024
improvement components, as specified in rules adopted under	45025
section 3306.25 of the Revised Code;	45026

(d) Standards for school district organizational units, as	45027
defined in sections 3306.02 and 3306.04 of the Revised Code, that	45028
require:	45029

(i) The effective and efficient organization, administration,	45030
and supervision of each school district organizational unit so	45031
that it becomes a thinking and learning organization according to	45032
principles of systems design and collaborative professional	45033
learning communities research as defined by the state	45034
superintendent, including a focus on the personalized and	45035
individualized needs of each student; a shared responsibility	45036
among organizational unit administrators, faculty, and staff to	45037
develop a common vision, mission, and set of guiding principles; a	45038
shared responsibility among organizational unit administrators,	45039
faculty, and staff to engage in a process of collective inquiry,	45040
action orientation, and experimentation to ensure the academic	45041
success of all students; commitment to job embedded professional	45042
development and professional mentoring and coaching; established	45043
periods of time for teachers to pursue planning time for the	45044
development of lesson plans, professional development, and shared	45045
learning; commitment to effective management strategies that	45046
allow administrators reasonable access to classrooms for	45047
observation and professional development experiences; commitment	45048
to teaching and learning strategies that utilize technological	45049
tools and emphasize inter-disciplinary, real-world,	45050
project-based, and technology-oriented learning experiences to	45051
meet the individual needs of every student; commitment to high	45052
expectations for every student and commitment to closing the	45053
achievement gap so that all students achieve core knowledge and	45054
skills in accordance with the statewide academic standards	45055
adopted under section 3301.079 of the Revised Code; commitment to	45056
the use of assessments to diagnose the needs of each student;	45057
effective connections and relationships with families and others	45058
that support student success; commitment to the use of positive	45059
behavior intervention supports throughout the organizational unit	45060
to ensure a safe and secure learning environment for all	45061
students;	45062

(ii) A school organizational unit leadership team to	45063
coordinate positive behavior intervention supports, family and	45064
civic engagement services, learning environments, thinking and	45065
learning systems, collaborative planning, planning time, student	45066
academic interventions, student extended learning opportunities,	45067
and other activities identified by the team and approved by the	45068
district board of education. The team shall include the building	45069
principal, representatives from each collective bargaining unit,	45070
the building lead teacher, parents, business representatives, and	45071
others that support student success.	45072

(E) The state board may require as part of the health	45073
curriculum information developed under section 2108.34 of the	45074
Revised Code promoting the donation of anatomical gifts pursuant	45075
to Chapter 2108. of the Revised Code and may provide the	45076
information to high schools, educational service centers, and	45077
joint vocational school district boards of education;	45078

(F) ~~Prepare~~The state board shall prepare and submit annually	45079
to the governor and the general assembly a report on the status,	45080
needs, and major problems of the public schools of the state, with	45081
recommendations for necessary legislative action and a ten-year	45082
projection of the state's public and nonpublic school enrollment,	45083
by year and by grade level;.	45084

(G) ~~Prepare~~The state board shall prepare and submit to the	45085
director of budget and management the biennial budgetary requests	45086
of the state board of education, for its agencies and for the	45087
public schools of the state;.	45088

(H) ~~Cooperate~~The state board shall cooperate with federal,	45089
state, and local agencies concerned with the health and welfare of	45090
children and youth of the state;.	45091

(I) ~~Require~~The state board shall require such reports from	45092
school districts and educational service centers, school officers,	45093
and employees as are necessary and desirable. The superintendents	45094
and treasurers of school districts and educational service centers	45095
shall certify as to the accuracy of all reports required by law or	45096
state board or state department of education rules to be submitted	45097
by the district or educational service center and which contain	45098
information necessary for calculation of state funding. Any	45099
superintendent who knowingly falsifies such report shall be	45100
subject to license revocation pursuant to section 3319.31 of the	45101
Revised Code.	45102

(J) In accordance with Chapter 119. of the Revised Code, the	45103
state board shall adopt procedures, standards, and guidelines for	45104
the education of children with disabilities pursuant to Chapter	45105
3323. of the Revised Code, including procedures, standards, and	45106
guidelines governing programs and services operated by county	45107
boards of mental retardation and developmental disabilities	45108
pursuant to section 3323.09 of the Revised Code;.	45109

(K) For the purpose of encouraging the development of special	45110
programs of education for academically gifted children, the state	45111
board shall employ competent persons to analyze and publish data,	45112
promote research, advise and counsel with boards of education,	45113
and encourage the training of teachers in the special instruction	45114
of gifted children. The board may provide financial assistance	45115
out of any funds appropriated for this purpose to boards of	45116
education and educational service center governing boards for	45117
developing and conducting programs of education for academically	45118
gifted children.	45119

(L) ~~Require~~The state board shall require that all public	45120
schools emphasize and encourage, within existing units of study,	45121
the teaching of energy and resource conservation as recommended	45122
to each district board of education by leading business persons	45123
involved in energy production and conservation, beginning in the	45124
primary grades;.	45125

(M) ~~Formulate~~The state board shall formulate and prescribe	45126
minimum standards requiring the use of phonics as a technique in	45127
the teaching of reading in grades kindergarten through three. In	45128
addition, the state board shall provide in-service training	45129
programs for teachers on the use of phonics as a technique in the	45130
teaching of reading in grades kindergarten through three.	45131

~~(N) Develop and modify as necessary a state plan for~~	45132
~~technology to encourage and promote the use of technological~~	45133
~~advancements in educational settings.~~	45134

The board may adopt rules necessary for carrying out any	45135
function imposed on it by law, and may provide rules as are	45136
necessary for its government and the government of its employees,	45137
and may delegate to the superintendent of public instruction the	45138
management and administration of any function imposed on it by	45139
law. It may provide for the appointment of board members to serve	45140
on temporary committees established by the board for such purposes	45141
as are necessary. Permanent or standing committees shall not be	45142
created.	45143

Compliance with the standards adopted under divisions (B)(2)	45144
and (D) of this section, as they relate to the operation of a	45145
school operated by a school district, may be waived by the state	45146
superintendent pursuant to section 3306.40 of the Revised Code.	45147

Sec. 3301.075. The state board of education shall adopt	45148
rules governing the purchasing and leasing of data processing	45149
services and equipment for all local, exempted village, city, and	45150
joint vocational school districts and all educational service	45151
centers. Such rules shall include provisions for the	45152
establishment of an Ohio education computer network under	45153
procedures, guidelines, and specifications of the department of	45154
education.	45155

The department shall administer funds appropriated for the	45156
Ohio education computer network to ensure its efficient and	45157
economical operation and shall approve no more than twenty-seven	45158
information technology centers to operate concurrently. Such	45159
centers shall be approved for funding in accordance with rules of	45160
the state board adopted under this section that shall provide for	45161
the superintendent of public instruction to require the membership	45162
of each information technology center to be composed of	45163
combinations of school districts and educational service centers	45164
having sufficient students to support an efficient, economical	45165
comprehensive program of computer services to member districts and	45166
educational service centers. However, no such rule shall prohibit	45167
a school district or educational service center from receiving	45168
computer services from any information technology center	45169
established under this section or from any other public or private	45170
vendor. Each information technology center shall be organized in	45171
accordance with section 3313.92 or Chapter 167. of the Revised	45172
Code.	45173

~~The department of education may contract with an independent~~	45174
~~for profit or nonprofit entity to provide current and historical~~	45175
~~information on Ohio government through the Ohio education computer~~	45176
~~network to school district libraries operating in accordance with~~	45177
~~section 3375.14 of the Revised Code in order to assist school~~	45178
~~teachers in social studies course instruction and support student~~	45179
~~research projects. Any such contract shall be awarded in~~	45180
~~accordance with Chapter 125. of the Revised Code.~~	45181

The department may approve and administer funding for	45182
programs to provide technical support, maintenance, consulting,	45183
and group purchasing services for information technology centers,	45184
school districts, educational service centers, and other client	45185
entities or governmental entities served in accordance with rules	45186
adopted by the department or as otherwise authorized by law, and	45187
to deliver to schools programs operated by the infOhio network and	45188
the technology solutions group of the management council of the	45189
Ohio education computer network.	45190

Sec. 3301.076. No information technology center established	45191
under section 3301.075 of the Revised Code shall be required to	45192
maintain an operating reserve account or fund or minimum cash	45193
balance. This section does not affect any sinking fund or other	45194
capital improvement fund the center may be required to maintain as	45195
a condition by law or contract relative to the issuance of	45196
securities. Any rule of the state board of education or other	45197
regulation or guideline of the department of education that	45198
conflicts with this section is void.	45199

Sec. 3301.079. (A)(1) Not later than ~~December 31, 2001~~June	45200
30, 2010, and at least once every five years thereafter, the state	45201
board of education shall adopt statewide academic standards with	45202
emphasis on coherence, focus, and rigor for each of grades	45203
kindergarten through twelve in ~~reading, writing, and mathematics.~~	45204
~~Not later than December 31, 2002, the state board shall adopt~~	45205
~~statewide academic standards for each of grades kindergarten~~	45206
~~through twelve in science and social studies. The~~English language	45207
arts, mathematics, science, and social studies.	45208

The standards shall specify the following:

45209

(a) The core academic content and skills that students are	45210
expected to know and be able to do at each grade level.	45211

~~(2)~~that will allow each student to be prepared for	45212
postsecondary instruction and the workplace for success in the	45213
twenty-first century;	45214

(b) The development of skill sets as they relate to	45215
creativity and innovation, critical thinking and problem solving,	45216
and communication and collaboration;	45217

(c) The development of skill sets that promote information,	45218
media, and technological literacy;	45219

(d) The development of skill sets that promote personal	45220
management, productivity and accountability, and leadership and	45221
responsibility;	45222

(e) Interdisciplinary, project-based, real-world learning	45223
opportunities.	45224

(2) After completing the standards required by division	45225
(A)(1) of this section, the state board shall adopt standards and	45226
model curricula for instruction in computer literacy, financial	45227
literacy and entrepreneurship, fine arts, and foreign language	45228
for grades kindergarten through twelve. The standards shall meet	45229
the same requirements prescribed in divisions (A)(1)(a) to (e) of	45230
this section.	45231

(3) The state board shall adopt the most recent standards	45232
developed by the national association for sport and physical	45233
education for physical education in grades kindergarten through	45234
twelve or shall adopt its own standards for physical education in	45235
those grades and revise and update them periodically.	45236

The department shall employ a full-time physical education	45237
coordinator to provide guidance and technical assistance to	45238
districts, community schools, and STEM schools in implementing the	45239
physical education standards adopted under this division. The	45240
superintendent of public instruction shall determine that the	45241
person employed as coordinator is qualified for the position, as	45242
demonstrated by possessing an adequate combination of education,	45243
license, and experience.	45244

(4) When academic standards have been completed for any	45245
subject area required by this ~~division~~section, the state board	45246
shall inform all school districts, all community schools	45247
established under Chapter 3314. of the Revised Code, all STEM	45248
schools established under Chapter 3326. of the Revised Code, and	45249
all nonpublic schools required to administer the assessments	45250
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	45251
of the content of those standards.	45252

(B) Not later than ~~eighteen months after the completion of~~	45253
~~academic standards for any subject area required by division (A)~~	45254
~~of this section~~March 31, 2011, the state board shall adopt a	45255
model curriculum for instruction in ~~that~~each subject area for	45256
which updated academic standards are required by division (A)(1)	45257
of this section and for each of grades kindergarten through twelve	45258
that is sufficient to meet the needs of students in every	45259
community. The model curriculum shall be aligned with the	45260
standards, to ensure that the academic content and skills	45261
specified for each grade level are taught to students, and shall	45262
demonstrate vertical articulation and emphasize coherence, focus,	45263
and rigor. When any model curriculum has been completed, the state	45264
board shall inform all school districts, community schools, and	45265
STEM schools of the content of that model curriculum.	45266

All school districts, community schools, and STEM schools may	45267
utilize the state standards and the model curriculum established	45268
by the state board, together with other relevant resources,	45269
examples, or models to ensure that students have the opportunity	45270
to attain the academic standards. Upon request, the department of	45271
education shall provide technical assistance to any district,	45272
community school, or STEM school in implementing the model	45273
curriculum.	45274

Nothing in this section requires any school district to	45275
utilize all or any part of a model curriculum developed under this	45276
division.	45277

(C) The state board shall develop achievement ~~tests~~	45278
assessments aligned with the academic standards and model	45279
curriculum for each of the subject areas and grade levels required	45280
by divisions (A)(1) and (B)(1) of section 3301.0710 of the Revised	45281
Code.	45282

When any achievement ~~test~~assessment has been completed, the	45283
state board shall inform all school districts, community schools,	45284
STEM schools, and nonpublic schools required to administer the	45285
assessment of its completion, and the department of education	45286
shall make the achievement ~~test~~assessment available to the	45287
districts and schools. ~~School districts shall administer the~~	45288
~~achievement test beginning in the school year indicated in section~~	45289
~~3301.0712 of the Revised Code.~~	45290

(D)(1) The state board shall adopt a diagnostic assessment	45291
aligned with the academic standards and model curriculum for each	45292
of grades kindergarten through two in ~~reading, writing,~~English	45293
language arts and mathematics and for grade three in ~~writing~~	45294
English language arts. The diagnostic assessment shall be	45295
designed to measure student comprehension of academic content and	45296
mastery of related skills for the relevant subject area and grade	45297
level. Any diagnostic assessment shall not include components to	45298
identify gifted students. Blank copies of diagnostic ~~tests~~	45299
assessments shall be public records.	45300

(2) When each diagnostic assessment has been completed, the	45301
state board shall inform all school districts of its completion	45302
and the department of education shall make the diagnostic	45303
assessment available to the districts at no cost to the district.	45304
School districts shall administer the diagnostic assessment	45305
pursuant to section 3301.0715 of the Revised Code beginning the	45306
first school year following the development of the assessment.	45307

(E) The state board shall not adopt a diagnostic or	45308
achievement assessment for any grade level or subject area other	45309
than those specified in this section.	45310

(F) Whenever the state board or the department of education	45311
consults with persons for the purpose of drafting or reviewing any	45312
standards, diagnostic assessments, achievement ~~tests~~assessments,	45313
or model curriculum required under this section, the state board	45314
or the department shall first consult with parents of students in	45315
kindergarten through twelfth grade and with active Ohio classroom	45316
teachers, other school personnel, and administrators with	45317
expertise in the appropriate subject area. Whenever practicable,	45318
the state board and department shall consult with teachers	45319
recognized as outstanding in their fields.	45320

If the department contracts with more than one outside entity	45321
for the development of the achievement ~~tests~~assessments required	45322
by this section, the department shall ensure the	45323
interchangeability of those ~~tests~~assessments.	45324

~~(F)~~(G) The fairness sensitivity review committee, established	45325
by rule of the state board of education, shall not allow any	45326
question on any achievement ~~test~~ or diagnostic assessment	45327
developed under this section or any proficiency test prescribed by	45328
former section 3301.0710 of the Revised Code, as it existed prior	45329
to September 11, 2001, to include, be written to promote, or	45330
inquire as to individual moral or social values or beliefs. The	45331
decision of the committee shall be final. This section does not	45332
create a private cause of action.	45333

(H) Not later than forty-five days prior to the initial	45334
deadline established under division (A)(1) of this section and the	45335
deadline established under division (B) of this section, the	45336
superintendent of public instruction shall present the academic	45337
standards or model curricula, as applicable, to the respective	45338
committees of the house of representatives and senate that	45339
consider education legislation.	45340

(I) As used in this section:

45341

(1) "Coherence" means a reflection of the structure of the	45342
discipline being taught.	45343

(2) "Focus" means limiting the number of items included in a	45344
curriculum to allow for deeper exploration of the subject matter.	45345

(3) "Rigor" means more challenging and demanding when	45346
compared to international standards.	45347

(4) "Vertical articulation" means key academic concepts and	45348
skills associated with mastery in particular content areas should	45349
be articulated and reinforced in a developmentally appropriate	45350
manner at each grade level so that over time students acquire a	45351
depth of knowledge and understanding in the core academic	45352
disciplines.	45353

Sec. 3301.0710. The state board of education shall adopt	45354
rules establishing a statewide program to ~~test~~assess student	45355
achievement. The state board shall ensure that all ~~tests~~	45356
assessments administered under the ~~testing~~ program are aligned	45357
with the academic standards and model curricula adopted by the	45358
state board and are created with input from Ohio parents, Ohio	45359
classroom teachers, Ohio school administrators, and other Ohio	45360
school personnel pursuant to section 3301.079 of the Revised Code.	45361

The ~~testing~~assessment program shall be designed to ensure	45362
that students who receive a high school diploma demonstrate at	45363
least high school levels of achievement in ~~reading, writing~~	45364
English language arts, mathematics, science, and social studies,	45365
and other skills necessary in the twenty-first century.	45366

(A)(1) The state board shall prescribe all of the following:

45367

(a) Two statewide achievement ~~tests~~assessments, one each	45368
designed to measure the level of ~~reading~~English language arts	45369
and mathematics skill expected at the end of third grade;	45370

(b) ~~Three~~Two statewide achievement ~~tests~~assessments, one	45371
each designed to measure the level of ~~reading, writing,~~English	45372
language arts and mathematics skill expected at the end of fourth	45373
grade;	45374

(c) Four statewide achievement ~~tests~~assessments, one each	45375
designed to measure the level of ~~reading~~English language arts,	45376
mathematics, science, and social studies skill expected at the	45377
end of fifth grade;	45378

(d) Two statewide achievement ~~tests~~assessments, one each	45379
designed to measure the level of ~~reading~~English language arts	45380
and mathematics skill expected at the end of sixth grade;	45381

(e) ~~Three~~Two statewide achievement ~~tests~~assessments, one	45382
each designed to measure the level of ~~reading, writing,~~English	45383
language arts and mathematics skill expected at the end of seventh	45384
grade;	45385

(f) Four statewide achievement ~~tests~~assessments, one each	45386
designed to measure the level of ~~reading~~English language arts,	45387
mathematics, science, and social studies skill expected at the	45388
end of eighth grade.	45389

(2) The state board shall determine and designate at least	45390
~~five~~three ranges of scores on each of the achievement ~~tests~~	45391
assessments described in divisions (A)(1) and (B)(1) of this	45392
section. Each range of scores shall be deemed to demonstrate a	45393
level of achievement so that any student attaining a score within	45394
such range has achieved one of the following:	45395

(a) An advanced level of skill;

45396

(b) ~~An accelerated level of skill;~~

45397

~~(c)~~ A proficient level of skill;

45398

~~(d) A basic level of skill~~;

45399

~~(e)~~(c) A limited level of skill.

45400

(B)(1) The ~~tests~~assessments prescribed under ~~this~~ division	45401
(B)(1) of this section shall collectively be known as the Ohio	45402
graduation tests. The state board shall prescribe five statewide	45403
high school achievement ~~tests~~assessments, one each designed to	45404
measure the level of reading, writing, mathematics, science, and	45405
social studies skill expected at the end of tenth grade. The	45406
state board shall designate a score in at least the range	45407
designated under division (A)(2)~~(c)~~(b) of this section on each	45408
such ~~test~~assessment that shall be deemed to be a passing score	45409
on the ~~test~~assessment as a condition toward granting high school	45410
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	45411
of the Revised Code until the assessment system prescribed by	45412
section 3301.0712 of the Revised Code is implemented in	45413
accordance with rules adopted by the state board under division	45414
(E) of that section.	45415

(2) The state board shall prescribe an assessment system in	45416
accordance with section 3301.0712 of the Revised Code that shall	45417
replace the Ohio graduation tests in the manner prescribed by	45418
rules adopted by the state board under division (E) of that	45419
section.	45420

(3) The state board may enter into a reciprocal agreement	45421
with the appropriate body or agency of any other state that has	45422
similar statewide achievement ~~testing~~assessment requirements for	45423
receiving high school diplomas, under which any student who has	45424
met an achievement ~~testing~~assessment requirement of one state is	45425
recognized as having met the similar ~~achievement testing~~	45426
requirement of the other state for purposes of receiving a high	45427
school diploma. For purposes of this section and sections	45428
3301.0711 and 3313.61 of the Revised Code, any student enrolled in	45429
any public high school in this state who has met an achievement	45430
~~testing~~assessment requirement specified in a reciprocal agreement	45431
entered into under this division shall be deemed to have attained	45432
at least the applicable score designated under this division on	45433
each ~~test~~assessment required by ~~this~~ division (B)(1) or (2) of	45434
this section that is specified in the agreement.	45435

(C) ~~Except as provided in division (H) of this section, the~~	45436
~~state board shall annually designate as follows the dates on which~~	45437
~~the tests prescribed under this section shall be administered:~~	45438

~~(1) For the reading test prescribed under division (A)(1)(a)~~	45439
~~of this section, as follows:~~	45440

~~(a) One date prior to the thirty-first day of December each~~	45441
~~school year;~~	45442

~~(b) At least one date of each school year that is not earlier~~	45443
~~than Monday of the week containing the twenty-fourth day of~~	45444
~~April.~~	45445

~~(2) For the mathematics test prescribed under division~~	45446
~~(A)(1)(a) of this section and the tests prescribed under divisions~~	45447
~~(A)(1)(b), (c), (d), (e), and (f) of this section, at least one~~	45448
~~date of each school year that is not earlier than Monday of the~~	45449
~~week containing the twenty-fourth day of April;~~	45450

~~(3) For the tests prescribed under division (B) of this~~	45451
~~section, at least one date in each school year that is not earlier~~	45452
~~than Monday of the week containing the fifteenth day of March for~~	45453
~~all tenth grade students and at least one date prior to the~~	45454
~~thirty-first day of December and at least one date subsequent to~~	45455
~~that date but prior to the thirty-first day of March of each~~	45456
~~school year for eleventh and twelfth grade students.~~	45457

~~(D) In prescribing test dates pursuant to division (C)(3) of~~	45458
~~this section, the state board shall, to the greatest extent~~	45459
~~practicable, provide options to school districts in the case of~~	45460
~~tests administered under that division to eleventh and twelfth~~	45461
~~grade students and in the case of tests administered to students~~	45462
~~pursuant to division (C)(2) of section 3301.0711 of the Revised~~	45463
~~Code. Such options shall include at least an opportunity for~~	45464
~~school districts to give such tests outside of regular school~~	45465
~~hours.~~	45466

~~(E) In~~The superintendent of public instruction shall	45467
designate dates and times for the administration of the	45468
assessments prescribed by divisions (A) and (B) of this section.	45469

In prescribing ~~test~~administration dates pursuant to this	45470
~~section~~division, the ~~state board of education~~superintendent	45471
shall designate the dates in such a way as to allow a reasonable	45472
length of time between the administration of ~~tests~~assessments	45473
prescribed under this section and any administration of the	45474
~~National Assessment~~national assessment of ~~Education Progress~~	45475
~~Test~~educational progress given to students in the same grade	45476
level pursuant to section 3301.27 of the Revised Code or federal	45477
law.	45478

~~(F)~~(D) The state board shall prescribe a practice version of	45479
each Ohio graduation test described in division (B)(1) of this	45480
section that is of comparable length to the actual test.	45481

~~(G)~~(E) Any committee established by the department of	45482
education for the purpose of making recommendations to the state	45483
board regarding the state board's designation of scores on the	45484
~~tests~~assessments described by this section shall inform the	45485
state board of the probable percentage of students who would	45486
score in each of the ranges established under division (A)(2) of	45487
this section on the ~~tests~~assessments if the committee's	45488
recommendations are adopted by the state board. To the extent	45489
possible, these percentages shall be disaggregated by gender,	45490
major racial and ethnic groups, limited English proficient	45491
students, economically disadvantaged students, students with	45492
disabilities, and migrant students.	45493

If the state board intends to make any change to the	45494
committee's recommendations, the state board shall explain the	45495
intended change to the Ohio accountability task force established	45496
by section 3302.021 of the Revised Code. The task force shall	45497
recommend whether the state board should proceed to adopt the	45498
intended change. Nothing in this division shall require the state	45499
board to designate ~~test~~assessment scores based upon the	45500
recommendations of the task force.	45501

~~(H)(1) The state board shall require any alternate assessment~~	45502
~~administered to a student under division (C)(1) of section~~	45503
~~3301.0711 of the Revised Code to be completed and submitted to the~~	45504
~~entity with which the department contracts for the scoring of the~~	45505
~~test not later than the first day of April of the school year in~~	45506
~~which the test is administered.~~	45507

~~(2) For any test prescribed by this section, the state board~~	45508
~~may designate a date one week earlier than the applicable date~~	45509
~~designated under division (C) of this section for the~~	45510
~~administration of the test to limited English proficient students.~~	45511

~~(3) In designating days for the administration of the tests~~	45512
~~prescribed by division (A) of this section, the state board shall~~	45513
~~require the tests for each grade level to be administered over a~~	45514
~~period of two weeks.~~	45515

Sec. 3301.0711. (A) The department of education shall:

45516

(1) Annually furnish to, grade, and score all ~~tests~~	45517
assessments required by divisions (A)(1) and (B)(1) of section	45518
3301.0710 of the Revised Code to be administered by city, local,	45519
exempted village, and joint vocational school districts, except	45520
that each district shall score any ~~test~~assessment administered	45521
pursuant to division (B)(10) of this section. Each ~~test~~	45522
assessment so furnished shall include the data verification code	45523
of the student to whom the ~~test~~assessment will be administered,	45524
as assigned pursuant to division (D)(2) of section 3301.0714 of	45525
the Revised Code. In furnishing the practice versions of Ohio	45526
graduation tests prescribed by division ~~(F)~~(D) of section	45527
3301.0710 of the Revised Code, the department shall make the	45528
tests available on its web site for reproduction by districts. In	45529
awarding contracts for grading ~~tests~~assessments, the department	45530
shall give preference to Ohio-based entities employing Ohio	45531
residents.	45532

(2) Adopt rules for the ethical use of ~~tests~~assessments and	45533
prescribing the manner in which the ~~tests~~assessments prescribed	45534
by section 3301.0710 of the Revised Code shall be administered to	45535
students.	45536

(B) Except as provided in divisions (C) and (J) of this	45537
section, the board of education of each city, local, and exempted	45538
village school district shall, in accordance with rules adopted	45539
under division (A) of this section:	45540

(1) Administer the ~~reading test~~English language arts	45541
assessments prescribed under division (A)(1)(a) of section	45542
3301.0710 of the Revised Code twice annually to all students in	45543
the third grade who have not attained the score designated for	45544
that ~~test~~assessment under division (A)(2)~~(c)~~(b) of section	45545
3301.0710 of the Revised Code.	45546

(2) Administer the mathematics ~~test~~assessment prescribed	45547
under division (A)(1)(a) of section 3301.0710 of the Revised Code	45548
at least once annually to all students in the third grade.	45549

(3) Administer the ~~tests~~assessments prescribed under	45550
division (A)(1)(b) of section 3301.0710 of the Revised Code at	45551
least once annually to all students in the fourth grade.	45552

(4) Administer the ~~tests~~assessments prescribed under	45553
division (A)(1)(c) of section 3301.0710 of the Revised Code at	45554
least once annually to all students in the fifth grade.	45555

(5) Administer the ~~tests~~assessments prescribed under	45556
division (A)(1)(d) of section 3301.0710 of the Revised Code at	45557
least once annually to all students in the sixth grade.	45558

(6) Administer the ~~tests~~assessments prescribed under	45559
division (A)(1)(e) of section 3301.0710 of the Revised Code at	45560
least once annually to all students in the seventh grade.	45561

(7) Administer the ~~tests~~assessments prescribed under	45562
division (A)(1)(f) of section 3301.0710 of the Revised Code at	45563
least once annually to all students in the eighth grade.	45564

(8) Except as provided in division (B)(9) of this section,	45565
administer any ~~test~~assessment prescribed under division (B)(1) of	45566
section 3301.0710 of the Revised Code as follows:	45567

(a) At least once annually to all tenth grade students and at	45568
least twice annually to all students in eleventh or twelfth grade	45569
who have not yet attained the score on that ~~test~~assessment	45570
designated under that division;	45571

(b) To any person who has successfully completed the	45572
curriculum in any high school or the individualized education	45573
program developed for the person by any high school pursuant to	45574
section 3323.08 of the Revised Code but has not received a high	45575
school diploma and who requests to take such ~~test~~assessment, at	45576
any time such ~~test~~assessment is administered in the district.	45577

(9) In lieu of the board of education of any city, local, or	45578
exempted village school district in which the student is also	45579
enrolled, the board of a joint vocational school district shall	45580
administer any ~~test~~assessment prescribed under division (B)(1) of	45581
section 3301.0710 of the Revised Code at least twice annually to	45582
any student enrolled in the joint vocational school district who	45583
has not yet attained the score on that ~~test~~assessment designated	45584
under that division. A board of a joint vocational school district	45585
may also administer such ~~a test~~an assessment to any student	45586
described in division (B)(8)(b) of this section.	45587

(10) If the district has been declared to be under an	45588
academic watch or in a state of academic emergency pursuant to	45589
section 3302.03 of the Revised Code or has a three-year average	45590
graduation rate of not more than seventy-five per cent, administer	45591
each ~~test~~assessment prescribed by division ~~(F)~~(D) of section	45592
3301.0710 of the Revised Code in September to all ninth grade	45593
students, beginning in the school year that starts July 1, 2005.	45594

Except as provided in section 3313.614 of the Revised Code	45595
for administration of an assessment to a person who has fulfilled	45596
the curriculum requirement for a high school diploma but has not	45597
passed one or more of the required assessments, the assessments	45598
prescribed under division (B)(1) of section 3301.0710 of the	45599
Revised Code and the practice assessments prescribed under	45600
division (D) of that section and required to be administered under	45601
divisions (B)(8), (9), and (10) of this section shall not be	45602
administered after the assessment system prescribed by division	45603
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised	45604
Code is implemented under rule of the state board adopted under	45605
division (E)(1) of section 3301.0712 of the Revised Code.	45606

(11) Administer the assessments prescribed by division (B)(2)	45607
of section 3301.0710 and section 3301.0712 of the Revised Code in	45608
accordance with the timeline and plan for implementation of those	45609
assessments prescribed by rule of the state board adopted under	45610
division (E)(1) of section 3301.0712 of the Revised Code.	45611

(C)(1)(a) Any student receiving special education services	45612
under Chapter 3323. of the Revised Code may be excused from taking	45613
any particular ~~test~~assessment required to be administered under	45614
this section if the individualized education program developed	45615
for the student pursuant to section 3323.08 of the Revised Code	45616
excuses the student from taking that ~~test~~assessment and instead	45617
specifies an alternate assessment method approved by the	45618
department of education as conforming to requirements of federal	45619
law for receipt of federal funds for disadvantaged pupils. To the	45620
extent possible, the individualized education program shall not	45621
excuse the student from taking ~~a test~~an assessment unless no	45622
reasonable accommodation can be made to enable the student to	45623
take the ~~test~~assessment.	45624

(b) Any alternate assessment approved by the department for a	45625
student under this division shall produce measurable results	45626
comparable to those produced by the ~~tests which the alternate~~	45627
~~assessments are replacing~~assessment it replaces in order to allow	45628
for the student's ~~assessment~~ results to be included in the data	45629
compiled for a school district or building under section 3302.03	45630
of the Revised Code.	45631

(c) Any student enrolled in a chartered nonpublic school who	45632
has been identified, based on an evaluation conducted in	45633
accordance with section 3323.03 of the Revised Code or section 504	45634
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	45635
794, as amended, as a child with a disability shall be excused	45636
from taking any particular ~~test~~assessment required to be	45637
administered under this section if a plan developed for the	45638
student pursuant to rules adopted by the state board excuses the	45639
student from taking that ~~test~~assessment. In the case of any	45640
student so excused from taking ~~a test~~an assessment, the chartered	45641
nonpublic school shall not prohibit the student from taking the	45642
~~test~~assessment.	45643

(2) A district board may, for medical reasons or other good	45644
cause, excuse a student from taking ~~a test~~an assessment	45645
administered under this section on the date scheduled, but ~~any~~	45646
~~such test~~that assessment shall be administered to ~~such~~the	45647
excused student not later than nine days following the scheduled	45648
date. The district board shall annually report the number of	45649
students who have not taken one or more of the ~~tests~~assessments	45650
required by this section to the state board of education not later	45651
than the thirtieth day of June.	45652

(3) As used in this division, "limited English proficient	45653
student" has the same meaning as in 20 U.S.C. 7801.	45654

No school district board shall excuse any limited English	45655
proficient student from taking any particular ~~test~~assessment	45656
required to be administered under this section, except that any	45657
limited English proficient student who has been enrolled in	45658
United States schools for less than one full school year shall	45659
not be required to take any ~~such~~ reading or, writing ~~test~~, or	45660
English language arts assessment. However, no board shall prohibit	45661
a limited English proficient student who is not required to take a	45662
~~test~~an assessment under this division from taking the ~~test~~	45663
assessment. A board may permit any limited English proficient	45664
student to take ~~any test~~an assessment required to be	45665
administered under this section with appropriate accommodations,	45666
as determined by the department. For each limited English	45667
proficient student, each school district shall annually assess	45668
that student's progress in learning English, in accordance with	45669
procedures approved by the department.	45670

The governing authority of a chartered nonpublic school may	45671
excuse a limited English proficient student from taking any ~~test~~	45672
assessment administered under this section. However, no governing	45673
authority shall prohibit a limited English proficient student	45674
from taking the ~~test~~assessment.	45675

(D)(1) In the school year next succeeding the school year in	45676
which the ~~tests~~assessments prescribed by division (A)(1) or	45677
(B)(1) of section 3301.0710 of the Revised Code or former division	45678
(A)(1), (A)(2), or (B) of section 3301.0710 of the Revised Code	45679
as it existed prior to September 11, 2001, are administered to	45680
any student, the board of education of any school district in	45681
which the student is enrolled in that year shall provide to the	45682
student intervention services commensurate with the student's ~~test~~	45683
performance, including any intensive intervention required under	45684
section 3313.608 of the Revised Code, in any skill in which the	45685
student failed to demonstrate at least a score at the proficient	45686
level on the ~~test~~assessment.	45687

(2) Following any administration of the ~~tests~~assessments	45688
prescribed by division ~~(F)~~(D) of section 3301.0710 of the Revised	45689
Code to ninth grade students, each school district that has a	45690
three-year average graduation rate of not more than seventy-five	45691
per cent shall determine for each high school in the district	45692
whether the school shall be required to provide intervention	45693
services to any students who took the ~~tests~~assessments. In	45694
determining which high schools shall provide intervention	45695
services based on the resources available, the district shall	45696
consider each school's graduation rate and scores on the practice	45697
~~tests~~assessments. The district also shall consider the scores	45698
received by ninth grade students on the ~~reading~~English language	45699
arts and mathematics ~~tests~~assessments prescribed under division	45700
(A)(1)(f) of section 3301.0710 of the Revised Code in the eighth	45701
grade in determining which high schools shall provide	45702
intervention services.	45703

Each high school selected to provide intervention services	45704
under this division shall provide intervention services to any	45705
student whose ~~test~~ results indicate that the student is failing to	45706
make satisfactory progress toward being able to attain scores at	45707
the proficient level on the Ohio graduation tests. Intervention	45708
services shall be provided in any skill in which a student	45709
demonstrates unsatisfactory progress and shall be commensurate	45710
with the student's ~~test~~ performance. Schools shall provide the	45711
intervention services prior to the end of the school year, during	45712
the summer following the ninth grade, in the next succeeding	45713
school year, or at any combination of those times.	45714

(E) Except as provided in section 3313.608 of the Revised	45715
Code and division (M) of this section, no school district board of	45716
education shall utilize any student's failure to attain a	45717
specified score on ~~any test~~an assessment administered under this	45718
section as a factor in any decision to deny the student promotion	45719
to a higher grade level. However, a district board may choose not	45720
to promote to the next grade level any student who does not take	45721
~~any test~~an assessment administered under this section or make up	45722
~~such test~~an assessment as provided by division (C)(2) of this	45723
section and who is not exempt from the requirement to take the	45724
~~test~~assessment under division (C)(3) of this section.	45725

(F) No person shall be charged a fee for taking any ~~test~~	45726
assessment administered under this section.	45727

(G)(1) Each school district board shall designate one	45728
location for the collection of ~~tests~~assessments administered in	45729
the spring under division (B)(1) of this section and ~~the tests~~	45730
those administered under divisions (B)(2) to (7) of this section.	45731
Each district board shall submit the ~~tests~~assessments to the	45732
entity with which the department contracts for the scoring of the	45733
~~tests~~assessments as follows:	45734

(a) If the district's total enrollment in grades kindergarten	45735
through twelve during the first full school week of October was	45736
less than two thousand five hundred, not later than the Friday	45737
after all of the ~~tests~~assessments have been administered;	45738

(b) If the district's total enrollment in grades kindergarten	45739
through twelve during the first full school week of October was	45740
two thousand five hundred or more, but less than seven thousand,	45741
not later than the Monday after all of the ~~tests~~assessments have	45742
been administered;	45743

(c) If the district's total enrollment in grades kindergarten	45744
through twelve during the first full school week of October was	45745
seven thousand or more, not later than the Tuesday after all of	45746
the ~~tests~~assessments have been administered.	45747

However, any ~~such test~~assessment that a student takes during	45748
the make-up period described in division (C)(2) of this section	45749
shall be submitted not later than the Friday following the day	45750
the student takes the ~~test~~assessment.	45751

(2) The department or an entity with which the department	45752
contracts for the scoring of the ~~test~~assessment shall send to	45753
each school district board a list of the individual ~~test~~ scores	45754
of all persons taking ~~any test~~an assessment prescribed by	45755
division (A)(1) or (B)(1) of section 3301.0710 of the Revised	45756
Code within sixty days after its administration, but in no case	45757
shall the scores be returned later than the fifteenth day of June	45758
following the administration. For ~~any tests~~assessments	45759
administered under this section by a joint vocational school	45760
district, the department or entity shall also send to each city,	45761
local, or exempted village school district a list of the	45762
individual ~~test~~ scores of any students of such city, local, or	45763
exempted village school district who are attending school in the	45764
joint vocational school district.	45765

(H) Individual ~~test~~ scores on any ~~tests~~assessments	45766
administered under this section shall be released by a district	45767
board only in accordance with section 3319.321 of the Revised Code	45768
and the rules adopted under division (A) of this section. No	45769
district board or its employees shall utilize individual or	45770
aggregate ~~test~~ results in any manner that conflicts with rules for	45771
the ethical use of ~~tests~~assessments adopted pursuant to division	45772
(A) of this section.	45773

(I) Except as provided in division (G) of this section, the	45774
department or an entity with which the department contracts for	45775
the scoring of the ~~test~~assessment shall not release any	45776
individual ~~test~~ scores on any ~~test~~assessment administered under	45777
this section. The state board of education shall adopt rules to	45778
ensure the protection of student confidentiality at all times.	45779
The rules may require the use of the data verification codes	45780
assigned to students pursuant to division (D)(2) of section	45781
3301.0714 of the Revised Code to protect the confidentiality of	45782
student ~~test~~ scores.	45783

(J) Notwithstanding division (D) of section 3311.52 of the	45784
Revised Code, this section does not apply to the board of	45785
education of any cooperative education school district except as	45786
provided under rules adopted pursuant to this division.	45787

(1) In accordance with rules that the state board of	45788
education shall adopt, the board of education of any city,	45789
exempted village, or local school district with territory in a	45790
cooperative education school district established pursuant to	45791
divisions (A) to (C) of section 3311.52 of the Revised Code may	45792
enter into an agreement with the board of education of the	45793
cooperative education school district for administering any ~~test~~	45794
assessment prescribed under this section to students of the city,	45795
exempted village, or local school district who are attending	45796
school in the cooperative education school district.	45797

(2) In accordance with rules that the state board of	45798
education shall adopt, the board of education of any city,	45799
exempted village, or local school district with territory in a	45800
cooperative education school district established pursuant to	45801
section 3311.521 of the Revised Code shall enter into an agreement	45802
with the cooperative district that provides for the administration	45803
of any ~~test~~assessment prescribed under this section to both of	45804
the following:	45805

(a) Students who are attending school in the cooperative	45806
district and who, if the cooperative district were not	45807
established, would be entitled to attend school in the city,	45808
local, or exempted village school district pursuant to section	45809
3313.64 or 3313.65 of the Revised Code;	45810

(b) Persons described in division (B)(8)(b) of this section.

45811

Any ~~testing~~assessment of students pursuant to such an	45812
agreement shall be in lieu of any ~~testing~~assessment of such	45813
students or persons pursuant to this section.	45814

(K)(1) As a condition of compliance with section 3313.612 of	45815
the Revised Code, each chartered nonpublic school that educates	45816
students in grades nine through twelve shall administer the	45817
assessments prescribed by divisions (B)(1) and (2) of section	45818
3301.0710 of the Revised Code. Any chartered nonpublic school may	45819
participate in the ~~testing~~assessment program by administering any	45820
of the ~~tests~~assessments prescribed by division (A) of section	45821
3301.0710 ~~or 3301.0712~~ of the Revised Code ~~if the~~. The chief	45822
administrator of the school ~~specifies~~shall specify which ~~tests~~	45823
assessments the school ~~wishes to~~will administer. Such	45824
specification shall be made in writing to the superintendent of	45825
public instruction prior to the first day of August of any school	45826
year in which ~~tests~~assessments are administered and shall include	45827
a pledge that the nonpublic school will administer the specified	45828
~~tests~~assessments in the same manner as public schools are	45829
required to do under this section and rules adopted by the	45830
department.	45831

(2) The department of education shall furnish the ~~tests~~	45832
assessments prescribed by section 3301.0710 or 3301.0712 of the	45833
Revised Code to ~~any~~each chartered nonpublic school ~~electing to~~	45834
~~participate~~that participates under this division.	45835

(L)(1) The superintendent of the state school for the blind	45836
and the superintendent of the state school for the deaf shall	45837
administer the ~~tests~~assessments described by ~~section~~sections	45838
3301.0710 and 3301.0712 of the Revised Code. Each superintendent	45839
shall administer the ~~tests~~assessments in the same manner as	45840
district boards are required to do under this section and rules	45841
adopted by the department of education and in conformity with	45842
division (C)(1)(a) of this section.	45843

(2) The department of education shall furnish the ~~tests~~	45844
assessments described by ~~section~~sections 3301.0710 and 3301.0712	45845
of the Revised Code to each superintendent.	45846

(M) Notwithstanding division (E) of this section, a school	45847
district may use a student's failure to attain a score in at least	45848
the ~~basic~~proficient range on the mathematics ~~test~~assessment	45849
described by division (A)(1)(a) of section 3301.0710 of the	45850
Revised Code or on ~~any of the tests~~an assessment described by	45851
division (A)(1)(b), (c), (d), (e), or (f) of section 3301.0710	45852
of the Revised Code as a factor in retaining that student in the	45853
current grade level.	45854

(N)(1) In the manner specified in divisions (N)(3) ~~to (5)~~and	45855
(4) of this section, the ~~tests~~assessments required by division	45856
(A)(1) of section 3301.0710 of the Revised Code shall become	45857
public records pursuant to section 149.43 of the Revised Code on	45858
the first day of July following the school year that the ~~test was~~	45859
assessments were administered.	45860

(2) The department may field test proposed ~~test~~ questions	45861
with samples of students to determine the validity, reliability,	45862
or appropriateness of ~~test~~ questions for possible inclusion in a	45863
future year's ~~test~~assessment. The department also may use anchor	45864
questions on ~~tests~~assessments to ensure that different versions	45865
of the same ~~test~~assessment are of comparable difficulty.	45866

Field test questions and anchor questions shall not be	45867
considered in computing ~~test~~ scores for individual students. Field	45868
test questions and anchor questions may be included as part of the	45869
administration of any ~~test~~assessment required by division (A)(1)	45870
or (B)(1) of section 3301.0710 of the Revised Code.	45871

(3) Any field test question or anchor question administered	45872
under division (N)(2) of this section shall not be a public	45873
record. Such field test questions and anchor questions shall be	45874
redacted from any ~~tests~~assessments which are released as a public	45875
record pursuant to division (N)(1) of this section.	45876

(4) This division applies to the ~~tests~~assessments prescribed	45877
by division (A) of section 3301.0710 of the Revised Code.	45878

(a) The first administration of each ~~test~~assessment, as	45879
specified in former section 3301.0712 of the Revised Code, shall	45880
be a public record.	45881

(b) For subsequent administrations of each ~~test~~assessment,	45882
not less than forty per cent of the questions on the ~~test~~	45883
assessment that are used to compute a student's score shall be a	45884
public record. The department shall determine which questions	45885
will be needed for reuse on a future ~~test~~assessment and those	45886
questions shall not be public records and shall be redacted from	45887
the ~~test~~assessment prior to its release as a public record.	45888
However, for each redacted question, the department shall inform	45889
each city, local, and exempted village school district of the	45890
statewide academic standard adopted by the state board of	45891
education under section 3301.079 of the Revised Code and the	45892
corresponding benchmark to which the question relates. The	45893
preceding sentence does not apply to field test questions that are	45894
redacted under division (N)(3) of this section.	45895

(5) Each ~~test~~assessment prescribed by division (B)(1) of	45896
section 3301.0710 of the Revised Code ~~that is administered in the~~	45897
~~spring shall be a public record. Each test prescribed by that~~	45898
~~division that is administered in the fall or summer~~ shall not be	45899
a public record.	45900

(O) As used in this section:

45901

(1) "Three-year average" means the average of the most recent	45902
consecutive three school years of data.	45903

(2) "Dropout" means a student who withdraws from school	45904
before completing course requirements for graduation and who is	45905
not enrolled in an education program approved by the state board	45906
of education or an education program outside the state. "Dropout"	45907
does not include a student who has departed the country.	45908

(3) "Graduation rate" means the ratio of students receiving a	45909
diploma to the number of students who entered ninth grade four	45910
years earlier. Students who transfer into the district are added	45911
to the calculation. Students who transfer out of the district for	45912
reasons other than dropout are subtracted from the calculation. If	45913
a student who was a dropout in any previous year returns to the	45914
same school district, that student shall be entered into the	45915
calculation as if the student had entered ninth grade four years	45916
before the graduation year of the graduating class that the	45917
student joins.	45918

Sec. 3301.0712. (A) The state board of education, the	45919
superintendent of public instruction, and the chancellor of the	45920
Ohio board of regents shall develop a system of college and work	45921
ready assessments as described in divisions (B)(1) to (3) of this	45922
section to assess whether each student upon graduating from high	45923
school is ready to enter college or the workforce. The system	45924
shall replace the Ohio graduation tests prescribed in division	45925
(B)(1) of section 3301.0710 of the Revised Code as a measure of	45926
student academic performance and a prerequisite for eligibility	45927
for a high school diploma in the manner prescribed by rule of the	45928
state board adopted under division (E) of this section.	45929

(B) The college and work ready assessment system shall	45930
consist of the following:	45931

(1) A nationally standardized assessment that measures	45932
competencies in science, mathematics, and English language arts	45933
selected jointly by the state superintendent and the chancellor.	45934

(2) A series of end-of-course examinations in the areas of	45935
science, mathematics, English language arts, and social studies	45936
selected jointly by the state superintendent and the chancellor in	45937
consultation with faculty in the appropriate subject areas at	45938
institutions of higher education of the university system of Ohio.	45939

(3) A senior project completed by a student or a group of	45940
students. The purpose of the senior project is to assess the	45941
student's:	45942

(a) Mastery of core knowledge in a subject area chosen by the	45943
student;	45944

(b) Written and verbal communication skills;

45945

45946

(d) Real-world and interdisciplinary learning;

45947

(e) Creative and innovative thinking;

45948

(f) Acquired technology, information, and media skills;

45949

(g) Personal management skills such as self-direction, time	45950
management, work ethic, enthusiasm, and the desire to produce a	45951
high quality product.	45952

The state superintendent and the chancellor jointly shall	45953
develop standards for the senior project for students	45954
participating in dual enrollment programs.	45955

(C)(1) The state superintendent and the chancellor jointly	45956
shall designate the scoring rubrics and the required overall	45957
composite score for the assessment system to assess whether each	45958
student is college or work ready.	45959

(2) Each senior project shall be judged by the student's high	45960
school in accordance with rubrics designated by the state	45961
superintendent and the chancellor.	45962

(D) Not later than thirty days after the state board adopts	45963
the model curricula required by division (B) of section 3301.079	45964
of the Revised Code, the state board shall convene a group of	45965
national experts, state experts, and local practitioners to	45966
provide advice, guidance, and recommendations for the alignment	45967
of standards and model curricula to the assessments and in the	45968
design of the end-of-course examinations and scoring rubrics	45969
prescribed by this section.	45970

(E) Upon completion of the development of the assessment	45971
system, the state board shall adopt rules prescribing all of the	45972
following:	45973

(1) A timeline and plan for implementation of the assessment	45974
system, including a phased implementation if the state board	45975
determines such a phase-in is warranted;	45976

(2) The date after which a person entering ninth grade shall	45977
attain at least the composite score for the entire assessment	45978
system as a prerequisite for a high school diploma under sections	45979
3313.61, 3313.612, or 3325.08 of the Revised Code;	45980

(3) The date after which a person shall attain at least the	45981
composite score for the entire assessment system as a prerequisite	45982
for a diploma of adult education under section 3313.611 of the	45983
Revised Code;	45984

(4) Whether and the extent to which a person may be excused	45985
from a social studies end-of-course examination under division (H)	45986
of section 3313.61 and division (B)(2) of section 3313.612 of the	45987
Revised Code;	45988

(5) The date after which a person who has fulfilled the	45989
curriculum requirement for a diploma but has not passed one or	45990
more of the required assessments at the time the person fulfilled	45991
the curriculum requirement shall attain at least the composite	45992
score for the entire assessment system as a prerequisite for a	45993
high school diploma under division (B) of section 3313.614 of the	45994
Revised Code;	45995

(6) The extent to which the assessment system applies to	45996
students enrolled in a dropout recovery and prevention program for	45997
purposes of division (F) of section 3313.603 and section 3314.36	45998
of the Revised Code.	45999

No rule adopted under this division shall be effective	46000
earlier than one year after the date the rule is filed in final	46001
form pursuant to Chapter 119. of the Revised Code.	46002

(F) Not later than forty-five days prior to the state board's	46003
adoption of a resolution directing the department of education to	46004
file the rules prescribed by division (E) of this section in final	46005
form under section 119.04 of the Revised Code, the superintendent	46006
of public instruction shall present the assessment system	46007
developed under this section to the respective committees of the	46008
house of representatives and senate that consider education	46009
legislation.	46010

Sec. 3301.0714. (A) The state board of education shall adopt	46011
rules for a statewide education management information system. The	46012
rules shall require the state board to establish guidelines for	46013
the establishment and maintenance of the system in accordance with	46014
this section and the rules adopted under this section. The	46015
guidelines shall include:	46016

(1) Standards identifying and defining the types of data in	46017
the system in accordance with divisions (B) and (C) of this	46018
section;	46019

(2) Procedures for annually collecting and reporting the data	46020
to the state board in accordance with division (D) of this	46021
section;	46022

(3) Procedures for annually compiling the data in accordance	46023
with division (G) of this section;	46024

(4) Procedures for annually reporting the data to the public	46025
in accordance with division (H) of this section.	46026

(B) The guidelines adopted under this section shall require	46027
the data maintained in the education management information system	46028
to include at least the following:	46029

(1) Student participation and performance data, for each	46030
grade in each school district as a whole and for each grade in	46031
each school building in each school district, that includes:	46032

(a) The numbers of students receiving each category of	46033
instructional service offered by the school district, such as	46034
regular education instruction, vocational education instruction,	46035
specialized instruction programs or enrichment instruction that is	46036
part of the educational curriculum, instruction for gifted	46037
students, instruction for students with disabilities, and	46038
remedial instruction. The guidelines shall require instructional	46039
services under this division to be divided into discrete	46040
categories if an instructional service is limited to a specific	46041
subject, a specific type of student, or both, such as regular	46042
instructional services in mathematics, remedial reading	46043
instructional services, instructional services specifically for	46044
students gifted in mathematics or some other subject area, or	46045
instructional services for students with a specific type of	46046
disability. The categories of instructional services required by	46047
the guidelines under this division shall be the same as the	46048
categories of instructional services used in determining cost	46049
units pursuant to division (C)(3) of this section.	46050

(b) The numbers of students receiving support or	46051
extracurricular services for each of the support services or	46052
extracurricular programs offered by the school district, such as	46053
counseling services, health services, and extracurricular sports	46054
and fine arts programs. The categories of services required by the	46055
guidelines under this division shall be the same as the categories	46056
of services used in determining cost units pursuant to division	46057
(C)(4)(a) of this section.	46058

(c) Average student grades in each subject in grades nine	46059
through twelve;	46060

(d) Academic achievement levels as assessed ~~by the testing of~~	46061
~~student achievement~~ under sections 3301.0710 ~~and~~, 3301.0711, and	46062
3301.0712 of the Revised Code;	46063

(e) The number of students designated as having a disabling	46064
condition pursuant to division (C)(1) of section 3301.0711 of the	46065
Revised Code;	46066

(f) The numbers of students reported to the state board	46067
pursuant to division (C)(2) of section 3301.0711 of the Revised	46068
Code;	46069

(g) Attendance rates and the average daily attendance for the	46070
year. For purposes of this division, a student shall be counted as	46071
present for any field trip that is approved by the school	46072
administration.	46073

(h) Expulsion rates;

46074

(i) Suspension rates;

46075

(j) ~~The percentage of students receiving corporal punishment;~~

46076

~~(k)~~ Dropout rates;

46077

~~(l)~~(k) Rates of retention in grade;

46078

~~(m)~~(l) For pupils in grades nine through twelve, the average	46079
number of carnegie units, as calculated in accordance with state	46080
board of education rules;	46081

~~(n)~~(m) Graduation rates, to be calculated in a manner	46082
specified by the department of education that reflects the rate at	46083
which students who were in the ninth grade three years prior to	46084
the current year complete school and that is consistent with	46085
nationally accepted reporting requirements;	46086

~~(o)~~(n) Results of diagnostic assessments administered to	46087
kindergarten students as required under section 3301.0715 of the	46088
Revised Code to permit a comparison of the academic readiness of	46089
kindergarten students. However, no district shall be required to	46090
report to the department the results of any diagnostic assessment	46091
administered to a kindergarten student if the parent of that	46092
student requests the district not to report those results.	46093

(2) Personnel and classroom enrollment data for each school	46094
district, including:	46095

(a) The total numbers of licensed employees and nonlicensed	46096
employees and the numbers of full-time equivalent licensed	46097
employees and nonlicensed employees providing each category of	46098
instructional service, instructional support service, and	46099
administrative support service used pursuant to division (C)(3) of	46100
this section. The guidelines adopted under this section shall	46101
require these categories of data to be maintained for the school	46102
district as a whole and, wherever applicable, for each grade in	46103
the school district as a whole, for each school building as a	46104
whole, and for each grade in each school building.	46105

(b) The total number of employees and the number of full-time	46106
equivalent employees providing each category of service used	46107
pursuant to divisions (C)(4)(a) and (b) of this section, and the	46108
total numbers of licensed employees and nonlicensed employees and	46109
the numbers of full-time equivalent licensed employees and	46110
nonlicensed employees providing each category used pursuant to	46111
division (C)(4)(c) of this section. The guidelines adopted under	46112
this section shall require these categories of data to be	46113
maintained for the school district as a whole and, wherever	46114
applicable, for each grade in the school district as a whole, for	46115
each school building as a whole, and for each grade in each school	46116
building.	46117

(c) The total number of regular classroom teachers teaching	46118
classes of regular education and the average number of pupils	46119
enrolled in each such class, in each of grades kindergarten	46120
through five in the district as a whole and in each school	46121
building in the school district.	46122

(d) The number of ~~master~~lead teachers employed by each	46123
school district and each school building~~, once a definition of~~	46124
~~master teacher has been developed by the educator standards board~~	46125
~~pursuant to section 3319.61 of the Revised Code~~.	46126

(3)(a) Student demographic data for each school district,	46127
including information regarding the gender ratio of the school	46128
district's pupils, the racial make-up of the school district's	46129
pupils, the number of limited English proficient students in the	46130
district, and an appropriate measure of the number of the school	46131
district's pupils who reside in economically disadvantaged	46132
households. The demographic data shall be collected in a manner to	46133
allow correlation with data collected under division (B)(1) of	46134
this section. Categories for data collected pursuant to division	46135
(B)(3) of this section shall conform, where appropriate, to	46136
standard practices of agencies of the federal government.	46137

(b) With respect to each student entering kindergarten,	46138
whether the student previously participated in a public preschool	46139
program, a private preschool program, or a head start program, and	46140
the number of years the student participated in each of these	46141
programs.	46142

(4) Any data required to be collected pursuant to federal	46143
law.	46144

(C) The education management information system shall include	46145
cost accounting data for each district as a whole and for each	46146
school building in each school district. The guidelines adopted	46147
under this section shall require the cost data for each school	46148
district to be maintained in a system of mutually exclusive cost	46149
units and shall require all of the costs of each school district	46150
to be divided among the cost units. The guidelines shall require	46151
the system of mutually exclusive cost units to include at least	46152
the following:	46153

(1) Administrative costs for the school district as a whole.	46154
The guidelines shall require the cost units under this division	46155
(C)(1) to be designed so that each of them may be compiled and	46156
reported in terms of average expenditure per pupil in formula ADM	46157
in the school district, as determined pursuant to section 3317.03	46158
of the Revised Code.	46159

(2) Administrative costs for each school building in the	46160
school district. The guidelines shall require the cost units under	46161
this division (C)(2) to be designed so that each of them may be	46162
compiled and reported in terms of average expenditure per	46163
full-time equivalent pupil receiving instructional or support	46164
services in each building.	46165

(3) Instructional services costs for each category of	46166
instructional service provided directly to students and required	46167
by guidelines adopted pursuant to division (B)(1)(a) of this	46168
section. The guidelines shall require the cost units under	46169
division (C)(3) of this section to be designed so that each of	46170
them may be compiled and reported in terms of average expenditure	46171
per pupil receiving the service in the school district as a whole	46172
and average expenditure per pupil receiving the service in each	46173
building in the school district and in terms of a total cost for	46174
each category of service and, as a breakdown of the total cost, a	46175
cost for each of the following components:	46176

(a) The cost of each instructional services category required	46177
by guidelines adopted under division (B)(1)(a) of this section	46178
that is provided directly to students by a classroom teacher;	46179

(b) The cost of the instructional support services, such as	46180
services provided by a speech-language pathologist, classroom	46181
aide, multimedia aide, or librarian, provided directly to students	46182
in conjunction with each instructional services category;	46183

(c) The cost of the administrative support services related	46184
to each instructional services category, such as the cost of	46185
personnel that develop the curriculum for the instructional	46186
services category and the cost of personnel supervising or	46187
coordinating the delivery of the instructional services category.	46188

(4) Support or extracurricular services costs for each	46189
category of service directly provided to students and required by	46190
guidelines adopted pursuant to division (B)(1)(b) of this section.	46191
The guidelines shall require the cost units under division (C)(4)	46192
of this section to be designed so that each of them may be	46193
compiled and reported in terms of average expenditure per pupil	46194
receiving the service in the school district as a whole and	46195
average expenditure per pupil receiving the service in each	46196
building in the school district and in terms of a total cost for	46197
each category of service and, as a breakdown of the total cost, a	46198
cost for each of the following components:	46199

(a) The cost of each support or extracurricular services	46200
category required by guidelines adopted under division (B)(1)(b)	46201
of this section that is provided directly to students by a	46202
licensed employee, such as services provided by a guidance	46203
counselor or any services provided by a licensed employee under a	46204
supplemental contract;	46205

(b) The cost of each such services category provided directly	46206
to students by a nonlicensed employee, such as janitorial	46207
services, cafeteria services, or services of a sports trainer;	46208

(c) The cost of the administrative services related to each	46209
services category in division (C)(4)(a) or (b) of this section,	46210
such as the cost of any licensed or nonlicensed employees that	46211
develop, supervise, coordinate, or otherwise are involved in	46212
administering or aiding the delivery of each services category.	46213

(D)(1) The guidelines adopted under this section shall	46214
require school districts to collect information about individual	46215
students, staff members, or both in connection with any data	46216
required by division (B) or (C) of this section or other reporting	46217
requirements established in the Revised Code. The guidelines may	46218
also require school districts to report information about	46219
individual staff members in connection with any data required by	46220
division (B) or (C) of this section or other reporting	46221
requirements established in the Revised Code. The guidelines shall	46222
not authorize school districts to request social security numbers	46223
of individual students. The guidelines shall prohibit the	46224
reporting under this section of a student's name, address, and	46225
social security number to the state board of education or the	46226
department of education. The guidelines shall also prohibit the	46227
reporting under this section of any personally identifiable	46228
information about any student, except for the purpose of assigning	46229
the data verification code required by division (D)(2) of this	46230
section, to any other person unless such person is employed by the	46231
school district or the information technology center operated	46232
under section 3301.075 of the Revised Code and is authorized by	46233
the district or technology center to have access to such	46234
information or is employed by an entity with which the department	46235
contracts for the scoring of ~~tests~~assessments administered under	46236
section 3301.0711 ~~or 3301.0712~~ of the Revised Code. The	46237
guidelines may require school districts to provide the social	46238
security numbers of individual staff members.	46239

(2) The guidelines shall provide for each school district or	46240
community school to assign a data verification code that is unique	46241
on a statewide basis over time to each student whose initial Ohio	46242
enrollment is in that district or school and to report all	46243
required individual student data for that student utilizing such	46244
code. The guidelines shall also provide for assigning data	46245
verification codes to all students enrolled in districts or	46246
community schools on the effective date of the guidelines	46247
established under this section.	46248

Individual student data shall be reported to the department	46249
through the information technology centers utilizing the code but,	46250
except as provided in sections 3310.11, 3310.42, 3313.978, and	46251
3317.20 of the Revised Code, at no time shall the state board or	46252
the department have access to information that would enable any	46253
data verification code to be matched to personally identifiable	46254
student data.	46255

Each school district shall ensure that the data verification	46256
code is included in the student's records reported to any	46257
subsequent school district or community school in which the	46258
student enrolls. Any such subsequent district or school shall	46259
utilize the same identifier in its reporting of data under this	46260
section.	46261

The director of health shall request and receive, pursuant to	46262
sections 3301.0723 and 3701.62 of the Revised Code, a data	46263
verification code for a child who is receiving services under	46264
division (A)(2) of section 3701.61 of the Revised Code.	46265

(E) The guidelines adopted under this section may require	46266
school districts to collect and report data, information, or	46267
reports other than that described in divisions (A), (B), and (C)	46268
of this section for the purpose of complying with other reporting	46269
requirements established in the Revised Code. The other data,	46270
information, or reports may be maintained in the education	46271
management information system but are not required to be compiled	46272
as part of the profile formats required under division (G) of this	46273
section or the annual statewide report required under division (H)	46274
of this section.	46275

(F) Beginning with the school year that begins July 1, 1991,	46276
the board of education of each school district shall annually	46277
collect and report to the state board, in accordance with the	46278
guidelines established by the board, the data required pursuant to	46279
this section. A school district may collect and report these data	46280
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	46281

(G) The state board shall, in accordance with the procedures	46282
it adopts, annually compile the data reported by each school	46283
district pursuant to division (D) of this section. The state board	46284
shall design formats for profiling each school district as a whole	46285
and each school building within each district and shall compile	46286
the data in accordance with these formats. These profile formats	46287
shall:	46288

(1) Include all of the data gathered under this section in a	46289
manner that facilitates comparison among school districts and	46290
among school buildings within each school district;	46291

(2) Present the data on academic achievement levels as	46292
assessed by the testing of student achievement maintained pursuant	46293
to division (B)(1)(d) of this section.	46294

(H)(1) The state board shall, in accordance with the	46295
procedures it adopts, annually prepare a statewide report for all	46296
school districts and the general public that includes the profile	46297
of each of the school districts developed pursuant to division (G)	46298
of this section. Copies of the report shall be sent to each school	46299
district.	46300

(2) The state board shall, in accordance with the procedures	46301
it adopts, annually prepare an individual report for each school	46302
district and the general public that includes the profiles of each	46303
of the school buildings in that school district developed pursuant	46304
to division (G) of this section. Copies of the report shall be	46305
sent to the superintendent of the district and to each member of	46306
the district board of education.	46307

(3) Copies of the reports received from the state board under	46308
divisions (H)(1) and (2) of this section shall be made available	46309
to the general public at each school district's offices. Each	46310
district board of education shall make copies of each report	46311
available to any person upon request and payment of a reasonable	46312
fee for the cost of reproducing the report. The board shall	46313
annually publish in a newspaper of general circulation in the	46314
school district, at least twice during the two weeks prior to the	46315
week in which the reports will first be available, a notice	46316
containing the address where the reports are available and the	46317
date on which the reports will be available.	46318

(I) Any data that is collected or maintained pursuant to this	46319
section and that identifies an individual pupil is not a public	46320
record for the purposes of section 149.43 of the Revised Code.	46321

(J) As used in this section:

46322

(1) "School district" means any city, local, exempted	46323
village, or joint vocational school district and, in accordance	46324
with section 3314.17 of the Revised Code, any community school. As	46325
used in division (L) of this section, "school district" also	46326
includes any educational service center or other educational	46327
entity required to submit data using the system established under	46328
this section.	46329

(2) "Cost" means any expenditure for operating expenses made	46330
by a school district excluding any expenditures for debt	46331
retirement except for payments made to any commercial lending	46332
institution for any loan approved pursuant to section 3313.483 of	46333
the Revised Code.	46334

(K) Any person who removes data from the information system	46335
established under this section for the purpose of releasing it to	46336
any person not entitled under law to have access to such	46337
information is subject to section 2913.42 of the Revised Code	46338
prohibiting tampering with data.	46339

(L)(1) In accordance with division (L)(2) of this section and	46340
the rules adopted under division (L)(10) of this section, the	46341
department of education may sanction any school district that	46342
reports incomplete or inaccurate data, reports data that does not	46343
conform to data requirements and descriptions published by the	46344
department, fails to report data in a timely manner, or otherwise	46345
does not make a good faith effort to report data as required by	46346
this section.	46347

(2) If the department decides to sanction a school district	46348
under this division, the department shall take the following	46349
sequential actions:	46350

(a) Notify the district in writing that the department has	46351
determined that data has not been reported as required under this	46352
section and require the district to review its data submission and	46353
submit corrected data by a deadline established by the department.	46354
The department also may require the district to develop a	46355
corrective action plan, which shall include provisions for the	46356
district to provide mandatory staff training on data reporting	46357
procedures.	46358

(b) Withhold up to ten per cent of the total amount of state	46359
funds due to the district for the current fiscal year and, if not	46360
previously required under division (L)(2)(a) of this section,	46361
require the district to develop a corrective action plan in	46362
accordance with that division;	46363

(c) Withhold an additional amount of up to twenty per cent of	46364
the total amount of state funds due to the district for the	46365
current fiscal year;	46366

(d) Direct department staff or an outside entity to	46367
investigate the district's data reporting practices and make	46368
recommendations for subsequent actions. The recommendations may	46369
include one or more of the following actions:	46370

(i) Arrange for an audit of the district's data reporting	46371
practices by department staff or an outside entity;	46372

(ii) Conduct a site visit and evaluation of the district;

46373

(iii) Withhold an additional amount of up to thirty per cent	46374
of the total amount of state funds due to the district for the	46375
current fiscal year;	46376

(iv) Continue monitoring the district's data reporting;

46377

(v) Assign department staff to supervise the district's data	46378
management system;	46379

(vi) Conduct an investigation to determine whether to suspend	46380
or revoke the license of any district employee in accordance with	46381
division (N) of this section;	46382

(vii) If the district is issued a report card under section	46383
3302.03 of the Revised Code, indicate on the report card that the	46384
district has been sanctioned for failing to report data as	46385
required by this section;	46386

(viii) If the district is issued a report card under section	46387
3302.03 of the Revised Code and incomplete or inaccurate data	46388
submitted by the district likely caused the district to receive a	46389
higher performance rating than it deserved under that section,	46390
issue a revised report card for the district;	46391

(ix) Any other action designed to correct the district's data	46392
reporting problems.	46393

(3) Any time the department takes an action against a school	46394
district under division (L)(2) of this section, the department	46395
shall make a report of the circumstances that prompted the action.	46396
The department shall send a copy of the report to the district	46397
superintendent or chief administrator and maintain a copy of the	46398
report in its files.	46399

(4) If any action taken under division (L)(2) of this section	46400
resolves a school district's data reporting problems to the	46401
department's satisfaction, the department shall not take any	46402
further actions described by that division. If the department	46403
withheld funds from the district under that division, the	46404
department may release those funds to the district, except that if	46405
the department withheld funding under division (L)(2)(c) of this	46406
section, the department shall not release the funds withheld under	46407
division (L)(2)(b) of this section and, if the department withheld	46408
funding under division (L)(2)(d) of this section, the department	46409
shall not release the funds withheld under division (L)(2)(b) or	46410
(c) of this section.	46411

(5) Notwithstanding anything in this section to the contrary,	46412
the department may use its own staff or an outside entity to	46413
conduct an audit of a school district's data reporting practices	46414
any time the department has reason to believe the district has not	46415
made a good faith effort to report data as required by this	46416
section. If any audit conducted by an outside entity under	46417
division (L)(2)(d)(i) or (5) of this section confirms that a	46418
district has not made a good faith effort to report data as	46419
required by this section, the district shall reimburse the	46420
department for the full cost of the audit. The department may	46421
withhold state funds due to the district for this purpose.	46422

(6) Prior to issuing a revised report card for a school	46423
district under division (L)(2)(d)(viii) of this section, the	46424
department may hold a hearing to provide the district with an	46425
opportunity to demonstrate that it made a good faith effort to	46426
report data as required by this section. The hearing shall be	46427
conducted by a referee appointed by the department. Based on the	46428
information provided in the hearing, the referee shall recommend	46429
whether the department should issue a revised report card for the	46430
district. If the referee affirms the department's contention that	46431
the district did not make a good faith effort to report data as	46432
required by this section, the district shall bear the full cost of	46433
conducting the hearing and of issuing any revised report card.	46434

(7) If the department determines that any inaccurate data	46435
reported under this section caused a school district to receive	46436
excess state funds in any fiscal year, the district shall	46437
reimburse the department an amount equal to the excess funds, in	46438
accordance with a payment schedule determined by the department.	46439
The department may withhold state funds due to the district for	46440
this purpose.	46441

(8) Any school district that has funds withheld under	46442
division (L)(2) of this section may appeal the withholding in	46443
accordance with Chapter 119. of the Revised Code.	46444

(9) In all cases of a disagreement between the department and	46445
a school district regarding the appropriateness of an action taken	46446
under division (L)(2) of this section, the burden of proof shall	46447
be on the district to demonstrate that it made a good faith effort	46448
to report data as required by this section.	46449

(10) The state board of education shall adopt rules under	46450
Chapter 119. of the Revised Code to implement division (L) of this	46451
section.	46452

(M) No information technology center or school district shall	46453
acquire, change, or update its student administration software	46454
package to manage and report data required to be reported to the	46455
department unless it converts to a student software package that	46456
is certified by the department.	46457

(N) The state board of education, in accordance with sections	46458
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	46459
license as defined under division (A) of section 3319.31 of the	46460
Revised Code that has been issued to any school district employee	46461
found to have willfully reported erroneous, inaccurate, or	46462
incomplete data to the education management information system.	46463

(O) No person shall release or maintain any information about	46464
any student in violation of this section. Whoever violates this	46465
division is guilty of a misdemeanor of the fourth degree.	46466

(P) The department shall disaggregate the data collected	46467
under division (B)(1)~~(o)~~(n) of this section according to the race	46468
and socioeconomic status of the students assessed. No data	46469
collected under that division shall be included on the report	46470
cards required by section 3302.03 of the Revised Code.	46471

(Q) If the department cannot compile any of the information	46472
required by division (C)(5) of section 3302.03 of the Revised Code	46473
based upon the data collected under this section, the department	46474
shall develop a plan and a reasonable timeline for the collection	46475
of any data necessary to comply with that division.	46476

Sec. 3301.0715. (A) Except as provided in division (E) of	46477
this section, the board of education of each city, local, and	46478
exempted village school district shall administer each applicable	46479
diagnostic assessment developed and provided to the district in	46480
accordance with section 3301.079 of the Revised Code to the	46481
following:	46482

(1) Each student enrolled in a building that has failed to	46483
make adequate yearly progress for two or more consecutive school	46484
years;	46485

(2) Any student who transfers into the district or to a	46486
different school within the district if each applicable diagnostic	46487
assessment was not administered by the district or school the	46488
student previously attended in the current school year, within	46489
thirty days after the date of transfer. If the district or school	46490
into which the student transfers cannot determine whether the	46491
student has taken any applicable diagnostic assessment in the	46492
current school year, the district or school may administer the	46493
diagnostic assessment to the student.	46494

(3) Each kindergarten student, not earlier than four weeks	46495
prior to the first day of school and not later than the first day	46496
of October. For the purpose of division (A)(3) of this section,	46497
the district shall administer the kindergarten readiness	46498
assessment provided by the department of education. In no case	46499
shall the results of the readiness assessment be used to prohibit	46500
a student from enrolling in kindergarten.	46501

(4) Each student enrolled in first or second grade.

46502

(B) Each district board shall administer each diagnostic	46503
assessment as the board deems appropriate. However, the board	46504
shall administer any diagnostic assessment at least once annually	46505
to all students in the appropriate grade level. A district board	46506
may administer any diagnostic assessment in the fall and spring of	46507
a school year to measure the amount of academic growth	46508
attributable to the instruction received by students during that	46509
school year.	46510

(C) Each district board shall utilize and score any	46511
diagnostic assessment administered under division (A) of this	46512
section in accordance with rules established by the department.	46513
Except as required by division (B)(1)~~(o)~~(n) of section 3301.0714	46514
of the Revised Code, neither the state board of education nor the	46515
department shall require school districts to report the results of	46516
diagnostic assessments for any students to the department or to	46517
make any such results available in any form to the public. After	46518
the administration of any diagnostic assessment, each district	46519
shall provide a student's completed diagnostic assessment, the	46520
results of such assessment, and any other accompanying documents	46521
used during the administration of the assessment to the parent of	46522
that student upon the parent's request.	46523

(D) Each district board shall provide intervention services	46524
to students whose diagnostic assessments show that they are	46525
failing to make satisfactory progress toward attaining the	46526
academic standards for their grade level.	46527

(E) Any district that made adequate yearly progress in the	46528
immediately preceding school year may assess student progress in	46529
grades one through three using a diagnostic assessment other than	46530
the diagnostic assessment required by division (A) of this	46531
section.	46532

(F) A district board may administer the third grade ~~writing~~	46533
English language arts diagnostic assessment provided to the	46534
district in accordance with section 3301.079 of the Revised Code	46535
to any student enrolled in a building that is not subject to	46536
division (A)(1) of this section. Any district electing to	46537
administer the diagnostic assessment to students under this	46538
division shall provide intervention services to any such student	46539
whose diagnostic assessment shows unsatisfactory progress toward	46540
attaining the academic standards for the student's grade level.	46541

(G) As used in this section, "adequate yearly progress" has	46542
the same meaning as in section 3302.01 of the Revised Code.	46543

Sec. 3301.0716. Notwithstanding division (D) of section	46544
3301.0714 of the Revised Code, the department of education may	46545
have access to personally identifiable information about any	46546
student under the following circumstances:	46547

(A) An entity with which the department contracts for the	46548
scoring of ~~tests~~assessments administered under section 3301.0711	46549
or 3301.0712 of the Revised Code has notified the department that	46550
the student's written response to a question on ~~such a test~~an	46551
assessment included threats or descriptions of harm to another	46552
person or the student's self and the information is necessary to	46553
enable the department to identify the student for purposes of	46554
notifying the school district or school in which the student is	46555
enrolled of the potential for harm.	46556

(B) The department requests the information to respond to an	46557
appeal from a school district or school for verification of the	46558
accuracy of the student's score on ~~a test~~an assessment	46559
administered under section 3301.0711 or 3301.0712 of the Revised	46560
Code.	46561

(C) The department requests the information to determine	46562
whether the student satisfies the alternative conditions for a	46563
high school diploma prescribed in section 3313.615 of the Revised	46564
Code.	46565

Sec. 3301.0718. ~~(A) After completing the required standards~~	46566
~~specified in section 3301.079 of the Revised Code, the state board~~	46567
~~of education shall adopt standards and model curricula for~~	46568
~~instruction in computer literacy for grades three through twelve~~	46569
~~and in fine arts and foreign language for grades kindergarten~~	46570
~~through twelve.~~	46571

~~(B) Not later than December 31, 2007, the state board shall~~	46572
~~adopt the most recent standards developed by the national~~	46573
~~association for sport and physical education for physical~~	46574
~~education in grades kindergarten through twelve or shall adopt its~~	46575
~~own standards for physical education in those grades. The~~	46576
~~department of education shall provide the standards, and any~~	46577
~~revisions of the standards, to all school districts and community~~	46578
~~schools established under Chapter 3314. of the Revised Code. Any~~	46579
~~school district or community school may utilize the standards.~~	46580

~~The department shall employ a full-time physical education~~	46581
~~coordinator to provide guidance and technical assistance to~~	46582
~~districts and community schools in implementing the standards~~	46583
~~adopted under this division. The superintendent of public~~	46584
~~instruction shall determine that the person employed as~~	46585
~~coordinator is qualified for the position, as demonstrated by~~	46586
~~possessing an adequate combination of education, license, and~~	46587
~~experience. The department shall hire a coordinator not later than~~	46588
~~October 31, 2007.~~	46589

~~(C)~~ The state board of education shall not adopt or revise	46590
any standards or curriculum in the area of health unless, by	46591
concurrent resolution, the standards, curriculum, or revisions	46592
are approved by both houses of the general assembly. Before the	46593
house of representatives or senate votes on a concurrent	46594
resolution approving health standards, curriculum, or revisions,	46595
its standing committee having jurisdiction over education	46596
legislation shall conduct at least one public hearing on the	46597
standards, curriculum, or revisions.	46598

~~(D) The state board shall not adopt a diagnostic assessment~~	46599
~~or achievement test for any grade level or subject area other~~	46600
~~than those specified in section 3301.079 of the Revised Code.~~	46601

Sec. 3301.0719. (A) As used in this section, "business	46602
education" includes, but is not limited to, accounting, career	46603
development, economics and personal finance, entrepreneurship,	46604
information technology, management, and marketing.	46605

(B) Not later than July 1, 2010, the state board of education	46606
shall adopt standards for business education in grades seven	46607
through twelve. The standards shall incorporate existing business	46608
education standards as appropriate to help guide instruction in	46609
the state's schools. The department shall provide the standards,	46610
and any revisions of the standards, to all school districts,	46611
community schools established under Chapter 3314. of the Revised	46612
Code, and STEM schools established under Chapter 3326. of the	46613
Revised Code. Any school district, community school or STEM	46614
school may utilize the standards. Standards adopted under this	46615
division shall supplement, and not supersede, academic content	46616
standards adopted under section 3301.079 of the Revised Code.	46617

Sec. 3301.0721. The superintendent of public instruction	46618
shall develop a model curriculum for instruction in college and	46619
career readiness and financial literacy. The curriculum shall	46620
focus on grades seven through twelve, but the superintendent may	46621
include other grade levels. When the model curriculum has been	46622
developed, the department of education shall notify all school	46623
districts, community schools established under Chapter 3314. of	46624
the Revised Code, and STEM schools established under Chapter 3326.	46625
of the Revised Code of the content of the curriculum. Any district	46626
or school may utilize the model curriculum.	46627

Sec. 3301.12. (A) The superintendent of public instruction	46628
in addition to the authority otherwise imposed on the	46629
superintendent, shall perform the following duties:	46630

(1) The superintendent shall provide technical and	46631
professional assistance and advice to all school districts in	46632
reference to all aspects of education, including finance,	46633
buildings and equipment, administration, organization of school	46634
districts, curriculum and instruction, transportation of pupils,	46635
personnel problems, and the interpretation of school laws and	46636
state regulations.	46637

(2) The superintendent shall prescribe and require the	46638
preparation and filing of such financial and other reports from	46639
school districts, officers, and employees as are necessary or	46640
proper. The superintendent shall prescribe and require the	46641
installation by school districts of such standardized reporting	46642
forms and accounting procedures as are essential to the	46643
businesslike operations of the public schools of the state.	46644

(3) The superintendent shall conduct such studies and	46645
research projects as are necessary or desirable for the	46646
improvement of public school education in Ohio, and such as may be	46647
assigned to the superintendent by the state board of education.	46648
Such studies and projects may include analysis of data contained	46649
in the education management information system established under	46650
section 3301.0714 of the Revised Code. For any study or project	46651
that requires the analysis of individual student data, the	46652
department of education or any entity with which the	46653
superintendent or department contracts to conduct the study or	46654
project shall maintain the confidentiality of student data at all	46655
times. For this purpose, the department or contracting entity	46656
shall use the data verification code assigned pursuant to division	46657
(D)(2) of section 3301.0714 of the Revised Code for each student	46658
whose data is analyzed. Except as otherwise provided in division	46659
(D)(1) of section 3301.0714 of the Revised Code, at no time shall	46660
the superintendent, the department, the state board of education,	46661
or any entity conducting a study or research project on the	46662
superintendent's behalf have access to a student's name, address,	46663
or social security number while analyzing individual student data.	46664

(4) The superintendent shall prepare and submit annually to	46665
the state board of education a report of the activities of the	46666
department of education and the status, problems, and needs of	46667
education in the state of Ohio.	46668

(5) The superintendent shall supervise all agencies over	46669
which the board exercises administrative control, including	46670
schools for education of persons with disabilities.	46671

(6) In accordance with section 3333.048 of the Revised Code,	46672
the superintendent, jointly with the chancellor of the Ohio board	46673
of regents, shall establish metrics and courses of study for	46674
institutions of higher education that prepare educators and other	46675
school personnel and shall provide for inspection of those	46676
institutions.	46677

(B) The superintendent of public instruction may annually	46678
inspect and analyze the expenditures of each school district and	46679
make a determination as to the efficiency of each district's	46680
costs, relative to other school districts in the state, for	46681
instructional, administrative, and student support services. The	46682
superintendent shall notify each school district as to the nature	46683
of, and reasons for, the determination. The state board of	46684
education shall adopt rules in accordance with Chapter 119. of the	46685
Revised Code setting forth the procedures and standards for the	46686
performance of the inspection and analysis.	46687

Sec. 3301.122. Not later than December 1, 2009, the	46688
superintendent of public instruction shall develop a ten-year	46689
strategic plan aligned with the strategic plan for higher	46690
education developed by the chancellor of the Ohio board of regents	46691
under division (D) of Section 375.30.25 of Am. Sub. H.B. 119 of	46692
the 127th general assembly. The superintendent may consult with	46693
the chancellor in developing the plan. The superintendent shall	46694
submit the plan to the general assembly, in accordance with	46695
section 101.68 of the Revised Code, and to the governor. The plan	46696
shall include recommendations for:	46697

(A) A framework for collaborative, professional, innovative,	46698
and thinking twenty-first century learning environments;	46699

(B) Ways to prepare and support Ohio's educators for	46700
successful instructional careers;	46701

(C) Enhancement of the current financial and resource	46702
management accountability systems;	46703

(D) Implementation of an effective school funding system.

46704

Sec. 3301.16. Pursuant to standards prescribed by the state	46705
board of education as provided in division (D) of section 3301.07	46706
of the Revised Code, the state board shall classify and charter	46707
school districts and individual schools within each district	46708
except that no charter shall be granted to a nonpublic school	46709
unless ~~pursuant to division (K) of section 3301.0711 of the~~	46710
~~Revised Code~~ the school ~~elects to administer the tests prescribed~~	46711
~~by division (B) of~~complies with section ~~3301.0710~~3313.612 of the	46712
Revised Code ~~beginning July 1, 1995~~.	46713

In the course of considering the charter of a new school	46714
district created under section 3311.26 or 3311.38 of the Revised	46715
Code, the state board shall require the party proposing creation	46716
of the district to submit to the board a map, certified by the	46717
county auditor of the county in which the proposed new district is	46718
located, showing the boundaries of the proposed new district. In	46719
the case of a proposed new district located in more than one	46720
county, the map shall be certified by the county auditor of each	46721
county in which the proposed district is located.	46722

The state board shall revoke the charter of any school	46723
district or school which fails to meet the standards for	46724
elementary and high schools as prescribed by the board. The state	46725
board shall also revoke the charter of any nonpublic school that	46726
does not comply with section 3313.612 of the Revised Code ~~or, on~~	46727
~~or after July 1, 1995, does not participate in the testing program~~	46728
~~prescribed by division (B) of section 3301.0710 of the Revised~~	46729
~~Code~~.	46730

In the issuance and revocation of school district or school	46731
charters, the state board shall be governed by the provisions of	46732
Chapter 119. of the Revised Code.	46733

No school district, or individual school operated by a school	46734
district, shall operate without a charter issued by the state	46735
board under this section.	46736

In case a school district charter is revoked pursuant to this	46737
section, the state board may dissolve the school district and	46738
transfer its territory to one or more adjacent districts. An	46739
equitable division of the funds, property, and indebtedness of the	46740
school district shall be made by the state board among the	46741
receiving districts. The board of education of a receiving	46742
district shall accept such territory pursuant to the order of the	46743
state board. Prior to dissolving the school district, the state	46744
board shall notify the appropriate educational service center	46745
governing board and all adjacent school district boards of	46746
education of its intention to do so. Boards so notified may make	46747
recommendations to the state board regarding the proposed	46748
dissolution and subsequent transfer of territory. Except as	46749
provided in section 3301.161 of the Revised Code, the transfer	46750
ordered by the state board shall become effective on the date	46751
specified by the state board, but the date shall be at least	46752
thirty days following the date of issuance of the order.	46753

A high school is one of higher grade than an elementary	46754
school, in which instruction and training are given in accordance	46755
with sections 3301.07 and 3313.60 of the Revised Code and which	46756
also offers other subjects of study more advanced than those	46757
taught in the elementary schools and such other subjects as may be	46758
approved by the state board of education.	46759

An elementary school is one in which instruction and training	46760
are given in accordance with sections 3301.07 and 3313.60 of the	46761
Revised Code and which offers such other subjects as may be	46762
approved by the state board of education. In districts wherein a	46763
junior high school is maintained, the elementary schools in that	46764
district may be considered to include only the work of the first	46765
six school years inclusive, plus the kindergarten year.	46766

A high school or an elementary school may consist of less	46767
than one or more than one organizational unit, as defined in	46768
sections 3306.02 and 3306.04 of the Revised Code.	46769

Sec. 3301.42. The partnership for continued learning shall	46770
promote systemic approaches to education by supporting regional	46771
efforts to foster collaboration among providers of preschool	46772
through postsecondary education, identifying the workforce needs	46773
of private sector employers in the state, and making	46774
recommendations for facilitating collaboration among providers of	46775
preschool through postsecondary education and for maintaining a	46776
high-quality workforce in the state. Copies of the recommendations	46777
shall be provided to the governor, the president and minority	46778
leader of the senate, the speaker and minority leader of the house	46779
of representatives, the chairpersons and ranking minority members	46780
of the standing committees of the senate and the house of	46781
representatives that consider education legislation, the	46782
~~chairperson~~chancellor of the Ohio board of regents, and the	46783
president of the state board of education. The recommendations	46784
shall address at least the following issues:	46785

(A) Expansion of access to preschool and other learning	46786
opportunities for children under five years old;	46787

(B) Increasing opportunities for students to earn credit	46788
toward a degree from an institution of higher education while	46789
enrolled in high school, including expanded opportunities for	46790
students to earn that credit on their high school campuses; a	46791
definition of "in good standing" for purposes of section 3313.6013	46792
of the Revised Code; and legislative changes that the partnership,	46793
in consultation with the Ohio board of regents and the state board	46794
of education, determines would improve the operation of the	46795
post-secondary enrollment options program established under	46796
Chapter 3365. of the Revised Code and other dual enrollment	46797
programs. The recommendations for legislative changes required by	46798
this division shall be issued not later than May 31, 2007.	46799

(C) Expansion of access to workforce development programs	46800
administered by school districts, institutions of higher	46801
education, and other providers of career-technical education;	46802

(D) Alignment of the statewide academic standards for grades	46803
nine through twelve adopted under section 3301.079 of the Revised	46804
Code, the Ohio graduation tests prescribed by division (B)(1) of	46805
section 3301.0710 of the Revised Code and the assessment system	46806
prescribed by division (B)(2) of that section, and the curriculum	46807
requirements for a high school diploma prescribed by section	46808
3313.603 of the Revised Code with the expectations of employers	46809
and institutions of higher education regarding the knowledge and	46810
skills that high school graduates should attain prior to entering	46811
the workforce or enrolling in an institution of higher education;	46812

(E) Improving the science and mathematics skills of students	46813
and employees to meet the needs of a knowledge-intensive economy;	46814

(F) Reducing the number of students who need academic	46815
remediation after enrollment in an institution of higher	46816
education;	46817

(G) Expansion of school counseling career and educational	46818
programs, access programs, and other strategies to overcome	46819
financial, cultural, and organizational barriers that interfere	46820
with students' planning for postsecondary education and that	46821
prevent students from obtaining a postsecondary education;	46822

(H) Alignment of teacher preparation programs approved by the	46823
~~state board of education~~chancellor of the Ohio board of regents	46824
pursuant to section ~~3319.23~~3333.048 of the Revised Code with the	46825
instructional needs and expectations of school districts;	46826

(I) Strategies for retaining more graduates of Ohio	46827
institutions of higher education in the state and for attracting	46828
talented individuals from outside Ohio to work in the state;	46829

(J) Strategies for promoting lifelong continuing education as	46830
a component of maintaining a strong workforce and economy;	46831

(K) Appropriate measures of the impact of statewide efforts	46832
to promote collaboration among providers of preschool through	46833
postsecondary education and to develop a high-quality workforce	46834
and strategies for collecting and sharing data relevant to such	46835
measures;	46836

(L) Strategies for developing and improving opportunities and	46837
for removing barriers to achievement for children identified as	46838
gifted under Chapter 3324. of the Revised Code;	46839

(M) Legislative changes to establish criteria by which state	46840
universities may waive the general requirement, under division (B)	46841
of section 3345.06 of the Revised Code, that a student complete	46842
the Ohio core curriculum to be admitted as an undergraduate. The	46843
partnership at least shall consider criteria for waiving the	46844
requirement for students who have served in the military and	46845
students who entered ninth grade on or after July 1, 2010, in	46846
another state and moved to Ohio prior to high school graduation.	46847
The recommendations for legislative changes under this division	46848
shall be developed in consultation with the Ohio board of regents	46849
and shall be issued not later than July 1, 2007.	46850

Sec. 3301.46. Not later than April 30, 2009, the department	46851
of education and the chancellor of the Ohio board of regents	46852
jointly shall propose a standard method and form for documenting	46853
on high school transcripts high school credits earned that are	46854
compatible with the standards for credit transfer and articulation	46855
adopted ~~by the board of regents~~ under sections 3333.16 and	46856
3333.161 of the Revised Code and any electronic clearinghouse for	46857
student transcript transfer developed by the ~~board of regents~~	46858
chancellor. The proposal shall be submitted to the state board of	46859
education, ~~the chancellor of the board of regents, the partnership~~	46860
~~for continued learning,~~ the governor, the speaker and minority	46861
leader of the house of representatives, the president and minority	46862
leader of the senate, and the chairpersons and ranking minority	46863
members of the standing committees of the house of representatives	46864
and the senate that consider education legislation.	46865

Sec. 3301.55. (A) A school district, county MR/DD board, or	46866
eligible nonpublic school operating a preschool program shall	46867
house the program in buildings that meet the following	46868
requirements:	46869

(1) The building is operated by the district, county MR/DD	46870
board, or eligible nonpublic school and has been approved by the	46871
division of ~~industrial compliance~~labor in the department of	46872
commerce or a certified municipal, township, or county building	46873
department for the purpose of operating a program for preschool	46874
children. Any such structure shall be constructed, equipped,	46875
repaired, altered, and maintained in accordance with applicable	46876
provisions of Chapters 3781. and 3791. and with rules adopted by	46877
the board of building standards under Chapter 3781. of the Revised	46878
Code for the safety and sanitation of structures erected for this	46879
purpose.	46880

(2) The building is in compliance with fire and safety laws	46881
and regulations as evidenced by reports of annual school fire and	46882
safety inspections as conducted by appropriate local authorities.	46883

(3) The school is in compliance with rules established by the	46884
state board of education regarding school food services.	46885

(4) The facility includes not less than thirty-five square	46886
feet of indoor space for each child in the program. Safe play	46887
space, including both indoor and outdoor play space, totaling not	46888
less than sixty square feet for each child using the space at any	46889
one time, shall be regularly available and scheduled for use.	46890

(5) First aid facilities and space for temporary placement or	46891
isolation of injured or ill children are provided.	46892

(B) Each school district, county MR/DD board, or eligible	46893
nonpublic school that operates, or proposes to operate, a	46894
preschool program shall submit a building plan including all	46895
information specified by the state board of education to the board	46896
not later than the first day of September of the school year in	46897
which the program is to be initiated. The board shall determine	46898
whether the buildings meet the requirements of this section and	46899
section 3301.53 of the Revised Code, and notify the superintendent	46900
of its determination. If the board determines, on the basis of the	46901
building plan or any other information, that the buildings do not	46902
meet those requirements, it shall cause the buildings to be	46903
inspected by the department of education. The department shall	46904
make a report to the superintendent specifying any aspects of the	46905
building that are not in compliance with the requirements of this	46906
section and section 3301.53 of the Revised Code and the time	46907
period that will be allowed the district, county MR/DD board, or	46908
school to meet the requirements.	46909

Sec. 3301.57. (A) For the purpose of improving programs,	46910
facilities, and implementation of the standards promulgated by the	46911
state board of education under section 3301.53 of the Revised	46912
Code, the state department of education shall provide consultation	46913
and technical assistance to school districts, county MR/DD boards,	46914
and eligible nonpublic schools operating preschool programs or	46915
school child programs, and inservice training to preschool staff	46916
members, school child program staff members, and nonteaching	46917
employees.	46918

(B) The department and the school district board of	46919
education, county MR/DD board, or eligible nonpublic school shall	46920
jointly monitor each preschool program and each school child	46921
program.	46922

If the program receives any grant or other funding from the	46923
state or federal government, the department annually shall monitor	46924
all reports on attendance, financial support, and expenditures	46925
according to provisions for use of the funds.	46926

(C) The department of education, at least ~~twice~~once during	46927
every twelve-month period of operation of a preschool program or a	46928
licensed school child program, shall inspect the program and	46929
provide a written inspection report to the superintendent of the	46930
school district, county MR/DD board, or eligible nonpublic school.	46931
~~At least one inspection shall be unannounced, and all~~The	46932
department may inspect any program more than once, as considered	46933
necessary by the department, during any twelve-month period of	46934
operation. All inspections may be unannounced. No person shall	46935
interfere with any inspection conducted pursuant to this division	46936
or to the rules adopted pursuant to sections 3301.52 to 3301.59 of	46937
the Revised Code.	46938

Upon receipt of any complaint that a preschool program or a	46939
licensed school child program is out of compliance with the	46940
requirements in sections 3301.52 to 3301.59 of the Revised Code or	46941
the rules adopted under those sections, the department shall	46942
investigate and may inspect the program.	46943

(D) If a preschool program or a licensed school child program	46944
is determined to be out of compliance with the requirements of	46945
sections 3301.52 to 3301.59 of the Revised Code or the rules	46946
adopted under those sections, the department of education shall	46947
notify the appropriate superintendent, county MR/DD board, or	46948
eligible nonpublic school in writing regarding the nature of the	46949
violation, what must be done to correct the violation, and by what	46950
date the correction must be made. If the correction is not made by	46951
the date established by the department, it may commence action	46952
under Chapter 119. of the Revised Code to close the program or to	46953
revoke the license of the program. If a program does not comply	46954
with an order to cease operation issued in accordance with Chapter	46955
119. of the Revised Code, the department shall notify the attorney	46956
general, the prosecuting attorney of the county in which the	46957
program is located, or the city attorney, village solicitor, or	46958
other chief legal officer of the municipal corporation in which	46959
the program is located that the program is operating in violation	46960
of sections 3301.52 to 3301.59 of the Revised Code or the rules	46961
adopted under those sections and in violation of an order to cease	46962
operation issued in accordance with Chapter 119. of the Revised	46963
Code. Upon receipt of the notification, the attorney general,	46964
prosecuting attorney, city attorney, village solicitor, or other	46965
chief legal officer shall file a complaint in the court of common	46966
pleas of the county in which the program is located requesting the	46967
court to issue an order enjoining the program from operating. The	46968
court shall grant the requested injunctive relief upon a showing	46969
that the program named in the complaint is operating in violation	46970
of sections 3301.52 to 3301.59 of the Revised Code or the rules	46971
adopted under those sections and in violation of an order to cease	46972
operation issued in accordance with Chapter 119. of the Revised	46973
Code.	46974

(E) The department of education shall prepare an annual	46975
report on inspections conducted under this section. The report	46976
shall include the number of inspections conducted, the number and	46977
types of violations found, and the steps taken to address the	46978
violations. The department shall file the report with the	46979
governor, the president and minority leader of the senate, and the	46980
speaker and minority leader of the house of representatives on or	46981
before the first day of January of each year, beginning in 1999.	46982

Sec. 3301.60. The interstate compact on educational	46983
opportunity for military children is hereby ratified, enacted into	46984
law, and entered into by this state as a party thereto with any	46985
other state that heretofore has legally joined or hereafter	46986
legally joins the compact, as follows:	46987

Interstate Compact on Educational	46988

Opportunity for Military Children	46989

ARTICLE I. PURPOSE

46990

It is the purpose of this compact to remove barriers to	46991
educational success imposed on children of military families	46992
because of frequent moves and deployment of their parents by:	46993

A. Facilitating the timely enrollment of children of military	46994
families and ensuring that they are not placed at a disadvantage	46995
due to difficulty in the transfer of education records from the	46996
previous school district or variations in entrance or age	46997
requirements.	46998

B. Facilitating the student placement process through which	46999
children of military families are not disadvantaged by variations	47000
in attendance requirements, scheduling, sequencing, grading,	47001
course content, or assessment.	47002

C. Facilitating the qualification and eligibility for	47003
enrollment, educational programs, and participation in	47004
extracurricular academic, athletic, and social activities.	47005

D. Facilitating the on-time graduation of children of	47006
military families.	47007

E. Providing for the promulgation and enforcement of	47008
administrative rules implementing the provisions of this compact.	47009

F. Providing for the uniform collection and sharing of	47010
information between and among member states, schools, and military	47011
families under this compact.	47012

G. Promoting coordination between this compact and other	47013
compacts affecting military children.	47014

H. Promoting flexibility and cooperation between the	47015
educational system, parents, and the student in order to achieve	47016
educational success for the student.	47017

ARTICLE II. DEFINITIONS

47018

As used in this compact, unless the context clearly requires	47019
a different construction:	47020

A. "Active duty" means full-time duty status in the active	47021
uniformed service of the United States, including members of the	47022
national guard and reserve on active duty orders pursuant to 10	47023
U.S.C. 1209 and 1211.	47024

B. "Children of military families" means school-aged	47025
children, enrolled in kindergarten through twelfth grade, in the	47026
household of an active duty member.	47027

C. "Compact commissioner" means the voting representative of	47028
each compacting state appointed pursuant to Article VIII of this	47029
compact.	47030

D. "Deployment" means the period one month prior to the	47031
service members' departure from their home station on military	47032
orders through six months after return to their home station.	47033

E. "Educational records" or "education records" means those	47034
official records, files, and data directly related to a student	47035
and maintained by the school or local education agency, including,	47036
but not limited to, records encompassing all the material kept in	47037
the student's cumulative folder such as general identifying data,	47038
records of attendance and of academic work completed, records of	47039
achievement and results of evaluative tests, health data,	47040
disciplinary status, test protocols, and individualized education	47041
programs.	47042

F. "Extracurricular activities" means a voluntary activity	47043
sponsored by the school or local education agency or an	47044
organization sanctioned by the local education agency.	47045
Extracurricular activities include, but are not limited to,	47046
preparation for and involvement in public performances, contests,	47047
athletic competitions, demonstrations, displays, and club	47048
activities.	47049

G. "Interstate Commission on Educational Opportunity for	47050
Military Children" means the commission that is created under	47051
Article IX of this compact, which is generally referred to as	47052
Interstate Commission.	47053

H. "Local education agency" means a public authority legally	47054
constituted by the state as an administrative agency to provide	47055
control of and direction for kindergarten through twelfth grade	47056
public educational institutions.	47057

I. "Member state" means a state that has enacted this	47058
compact.	47059

J. "Military installation" means a base, camp, post, station,	47060
yard, center, homeport facility for any ship, or other activity	47061
under the jurisdiction of the Department of Defense, including any	47062
leased facility, which is located within any of the several	47063
states, the District of Columbia, the Commonwealth of Puerto Rico,	47064
the U.S. Virgin Islands, Guam, American Samoa, the Northern	47065
Marianas Islands, and any other United States territory. Such term	47066
does not include any facility used primarily for civil works,	47067
rivers and harbors projects, or flood control projects.	47068

K. "Nonmember state" means a state that has not enacted this	47069
compact.	47070

L. "Receiving state" means the state to which a child of a	47071
military family is sent, brought, or caused to be sent or brought.	47072

M. "Rule" means a written statement by the Interstate	47073
Commission promulgated pursuant to Article XII of this compact	47074
that is of general applicability, implements, interprets, or	47075
prescribes a policy or provision of the compact, or an	47076
organizational, procedural, or practice requirement of the	47077
Interstate Commission, and has the force and effect of statutory	47078
law in a member state, and includes the amendment, repeal, or	47079
suspension of an existing rule.	47080

N. "Sending state" means the state from which a child of a	47081
military family is sent, brought, or caused to be sent or brought.	47082

O. "State" means a state of the United States, the District	47083
of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin	47084
Islands, Guam, American Samoa, the Northern Marianas Islands, and	47085
any other United States territory.	47086

P. "Student" means the child of a military family for whom	47087
the local education agency receives public funding and who is	47088
formally enrolled in kindergarten through twelfth grade.	47089

Q. "Transition" means 1) the formal and physical process of	47090
transferring from school to school or 2) the period of time in	47091
which a student moves from one school in the sending state to	47092
another school in the receiving state.	47093

R. "Uniformed services" means the Army, Navy, Air Force,	47094
Marine Corps, and Coast Guard, as well as the Commissioned Corps	47095
of the National Oceanic and Atmospheric Administration and Public	47096
Health Service.	47097

S. "Veteran" means a person who served in the uniformed	47098
services and who was discharged or released therefrom under	47099
conditions other than dishonorable.	47100

ARTICLE III. APPLICABILITY

47101

A. Except as otherwise provided in Section B, this compact	47102
shall apply to the children of:	47103

1. Active duty members of the uniformed services as defined	47104
in this compact, including members of the national guard and	47105
reserve on active duty orders pursuant to 10 U.S.C. 1209 and 1211;	47106

2. Members or veterans of the uniformed services who are	47107
severely injured and medically discharged or retired for a period	47108
of one year after medical discharge or retirement; and	47109

3. Members of the uniformed services who die on active duty	47110
or as a result of injuries sustained on active duty for a period	47111
of one year after death.	47112

B. The provisions of this interstate compact shall only apply	47113
to local education agencies as defined in this compact.	47114

C. The provisions of this compact shall not apply to the	47115
children of:	47116

1. Inactive members of the national guard and military	47117
reserves;	47118

2. Members of the uniformed services now retired, except as	47119
provided in Section A;	47120

3. Veterans of the uniformed services, except as provided in	47121
Section A; and	47122

4. Other Department of Defense personnel and other federal	47123
agency civilian and contract employees not defined as active duty	47124
members of the uniformed services.	47125

ARTICLE IV. EDUCATIONAL RECORDS AND ENROLLMENT

47126

A. Unofficial or "hand-carried" education records - In the	47127
event that official education records cannot be released to the	47128
parents for the purpose of transfer, the custodian of the records	47129
in the sending state shall prepare and furnish to the parent a	47130
complete set of unofficial educational records containing uniform	47131
information as determined by the Interstate Commission. Upon	47132
receipt of the unofficial education records by a school in the	47133
receiving state, the school shall enroll and appropriately place	47134
the student based on the information provided in the unofficial	47135
records pending validation by the official records, as quickly as	47136
possible.	47137

B. Official education records and transcripts - Simultaneous	47138
with the enrollment and conditional placement of the student, the	47139
school in the receiving state shall request the student's official	47140
education record from the school in the sending state. Upon	47141
receipt of this request, the school in the sending state will	47142
process and furnish the official education records to the school	47143
in the receiving state within ten days or within such time as is	47144
reasonably determined under the rules promulgated by the	47145
Interstate Commission.	47146

C. Immunizations - Compacting states shall give thirty days	47147
from the date of enrollment or within such time as is reasonably	47148
determined under the rules promulgated by the Interstate	47149
Commission, for students to obtain any immunizations required by	47150
the receiving state. For a series of immunizations, initial	47151
vaccinations must be obtained within thirty days or within such	47152
time as is reasonably determined under the rules promulgated by	47153
the Interstate Commission.	47154

D. Kindergarten and first grade entrance age - Students shall	47155
be allowed to continue their enrollment at grade level in the	47156
receiving state commensurate with their grade level (including	47157
kindergarten) from a local education agency in the sending state	47158
at the time of transition, regardless of age. A student that has	47159
satisfactorily completed the prerequisite grade level in the local	47160
education agency in the sending state shall be eligible for	47161
enrollment in the next highest grade level in the receiving state,	47162
regardless of age. A student transferring after the start of the	47163
school year in the receiving state shall enter the school in the	47164
receiving state on their validated level from an accredited school	47165
in the sending state.	47166

ARTICLE V. PLACEMENT AND ATTENDANCE

47167

A. Course placement - When the student transfers before or	47168
during the school year, the receiving state school shall initially	47169
honor placement of the student in educational courses based on the	47170
student's enrollment in the sending state school or educational	47171
assessments conducted at the school in the sending state if the	47172
courses are offered. Course placement includes but is not limited	47173
to Honors, International Baccalaureate, Advanced Placement,	47174
vocational, technical, and career pathways courses. Continuing the	47175
student's academic program from the previous school and promoting	47176
placement in academically and career challenging courses should be	47177
paramount when considering placement. This does not preclude the	47178
school in the receiving state from performing subsequent	47179
evaluations to ensure appropriate placement and continued	47180
enrollment of the student in the courses.	47181

B. Educational program placement - The receiving state school	47182
shall initially honor placement of the student in educational	47183
programs based on current educational assessments conducted at the	47184
school in the sending state or participation/placement in like	47185
programs in the sending state. Such programs include, but are not	47186
limited to: 1) gifted and talented programs; and 2) English as a	47187
second language. This does not preclude the school in the	47188
receiving state from performing subsequent evaluations to ensure	47189
appropriate placement of the student.	47190

C. Special education services - 1) In compliance with the	47191
federal requirements of the Individuals with Disabilities	47192
Education Act (IDEA), 20 U.S.C. 1400 et seq., the receiving state	47193
shall initially provide comparable services to a student with	47194
disabilities based on the student's current individualized	47195
education program (IEP); and 2) in compliance with the	47196
requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.	47197
794, and with Title II of the Americans with Disabilities Act, 42	47198
U.S.C. 12131 to 12165, the receiving state shall make reasonable	47199
accommodations and modifications to address the needs of incoming	47200
students with disabilities, subject to an existing Section 504 or	47201
Title II Plan, to provide the student with equal access to	47202
education. This does not preclude the school in the receiving	47203
state from performing subsequent evaluations to ensure appropriate	47204
placement of the student.	47205

D. Placement flexibility - Local education agency	47206
administrative officials shall have flexibility in waiving course	47207
or program prerequisites, or other preconditions for placement in	47208
courses or programs offered under the jurisdiction of the local	47209
education agency.	47210

E. Absence as related to deployment activities - A student	47211
whose parent or legal guardian is an active duty member of the	47212
uniformed services, as defined by the compact, and has been called	47213
to duty for, is on leave from, or immediately returned from	47214
deployment to a combat zone or combat support posting, shall be	47215
granted additional excused absences at the discretion of the local	47216
education agency superintendent to visit with the student's parent	47217
or legal guardian relative to such leave or deployment of the	47218
parent or guardian.	47219

ARTICLE VI. ELIGIBILITY

47220

A. Eligibility for enrollment

47221

1. A special power of attorney, relative to the guardianship	47222
of a child of a military family and executed under applicable law	47223
shall be sufficient for the purposes of enrollment and all other	47224
actions requiring parental participation and consent.	47225

2. A local education agency shall be prohibited from charging	47226
local tuition to a transitioning military child placed in the care	47227
of a noncustodial parent or other person standing in loco parentis	47228
who lives in a jurisdiction other than that of the custodial	47229
parent.	47230

3. A transitioning military child, placed in the care of a	47231
noncustodial parent or other person standing in loco parentis who	47232
lives in a jurisdiction other than that of the custodial parent,	47233
may continue to attend the school in which the child was enrolled	47234
while residing with the custodial parent.	47235

B. Eligibility for extracurricular participation - State and	47236
local education agencies shall facilitate the opportunity for	47237
transitioning military children's inclusion in extracurricular	47238
activities, regardless of application deadlines, to the extent	47239
they are otherwise qualified.	47240

ARTICLE VII. GRADUATION

47241

In order to facilitate the on-time graduation of children of	47242
military families states and local education agencies shall	47243
incorporate the following procedures:	47244

A. Waiver requirements - Local education agency	47245
administrative officials shall waive specific courses required for	47246
graduation if similar coursework has been satisfactorily	47247
completed in another local education agency or shall provide	47248
reasonable justification for denial. Should a waiver not be	47249
granted to a student who would qualify to graduate from the	47250
sending school, the local education agency shall provide an	47251
alternative means of acquiring required coursework so that	47252
graduation may occur on time.	47253

B. Exit exams - States shall accept: 1) exit or end-of-course	47254
exams required for graduation from the sending state; or 2)	47255
national norm-referenced achievement tests; or 3) alternative	47256
testing, in lieu of testing requirements for graduation in the	47257
receiving state. In the event the above alternatives cannot be	47258
accommodated by the receiving state for a student transferring in	47259
his or her Senior year, then the provisions of Article VII,	47260
Section C shall apply.	47261

C. Transfers during Senior year - Should a military student	47262
transferring at the beginning or during the student's Senior year	47263
be ineligible to graduate from the receiving local education	47264
agency after all alternatives have been considered, the sending	47265
and receiving local education agencies shall ensure the receipt	47266
of a diploma from the sending local education agency, if the	47267
student meets the graduation requirements of the sending local	47268
education agency. In the event that one of the states in question	47269
is not a member of this compact, the member state shall use best	47270
efforts to facilitate the on-time graduation of the student in	47271
accordance with Sections A and B of this Article.	47272

ARTICLE VIII. STATE COORDINATION

47273

A. Each member state shall, through the creation of a state	47274
council or use of an existing body or board, provide for the	47275
coordination among its agencies of government, local education	47276
agencies and military installations concerning the state's	47277
participation in, and compliance with, this compact and Interstate	47278
Commission activities. While each member state may determine the	47279
membership of its own state council, its membership must include	47280
at least: the state superintendent of education, superintendent of	47281
a school district with a high concentration of military children,	47282
representative from a military installation, one representative	47283
each from the legislative and executive branches of government,	47284
and other offices and stakeholder groups the state council deems	47285
appropriate. A member state that does not have a school district	47286
deemed to contain a high concentration of military children may	47287
appoint a superintendent from another school district to represent	47288
local education agencies on the state council.	47289

B. The state council of each member state shall appoint or	47290
designate a military family education liaison to assist military	47291
families and the state in facilitating the implementation of this	47292
compact.	47293

C. The compact commissioner responsible for the	47294
administration and management of the state's participation in the	47295
compact shall be appointed by the governor or as otherwise	47296
determined by each member state.	47297

D. The compact commissioner and the military family education	47298
liaison designated herein shall be ex officio members of the state	47299
council, unless either is already a full voting member of the	47300
state council.	47301

ARTICLE IX. INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY	47302
FOR MILITARY CHILDREN	47303

The member states hereby create the "Interstate Commission on	47304
Educational Opportunity for Military Children." The activities of	47305
the Interstate Commission are the formation of public policy and	47306
are a discretionary state function. The Interstate Commission	47307
shall:	47308

A. Be a body corporate and joint agency of the member states	47309
and shall have all the responsibilities, powers and duties set	47310
forth herein, and such additional powers as may be conferred upon	47311
it by a subsequent concurrent action of the respective	47312
legislatures of the member states in accordance with the terms of	47313
this compact.	47314

B. Consist of one Interstate Commission voting representative	47315
from each member state who shall be that state's compact	47316
commissioner.	47317

1. Each member state represented at a meeting of the	47318
Interstate Commission is entitled to one vote.	47319

2. A majority of the total member states shall constitute a	47320
quorum for the transaction of business, unless a larger quorum is	47321
required by the bylaws of the Interstate Commission.	47322

3. A representative shall not delegate a vote to another	47323
member state. In the event the compact commissioner is unable to	47324
attend a meeting of the Interstate Commission, the governor or	47325
state council may delegate voting authority to another person from	47326
their state for a specified meeting.	47327

4. The bylaws may provide for meetings of the Interstate	47328
Commission to be conducted by telecommunication or electronic	47329
communication.	47330

C. Consist of ex officio, nonvoting representatives who are	47331
members of interested organizations. Such ex officio members, as	47332
defined in the bylaws, may include but not be limited to, members	47333
of the representative organizations of military family advocates,	47334
local education agency officials, parent and teacher groups, the	47335
Department of Defense, the Education Commission of the States, the	47336
Interstate Agreement on the Qualification of Educational Personnel	47337
and other interstate compacts affecting the education of children	47338
of military members.	47339

D. Meet at least once each calendar year. The chairperson may	47340
call additional meetings and, upon the request of a simple	47341
majority of the member states, shall call additional meetings.	47342

E. Establish an executive committee, whose members shall	47343
include the officers of the Interstate Commission and such other	47344
members of the Interstate Commission as determined by the bylaws.	47345
Members of the executive committee shall serve a one year term.	47346
Members of the executive committee shall be entitled to one vote	47347
each. The executive committee shall have the power to act on	47348
behalf of the Interstate Commission, with the exception of	47349
rulemaking, during periods when the Interstate Commission is not	47350
in session. The executive committee shall oversee the day-to-day	47351
activities of the administration of the compact including	47352
enforcement and compliance with the provisions of the compact, its	47353
bylaws and rules, and other such duties as deemed necessary. The	47354
Department of Defense, shall serve as an ex officio, nonvoting	47355
member of the executive committee.	47356

F. Establish bylaws and rules that provide for conditions and	47357
procedures under which the Interstate Commission shall make its	47358
information and official records available to the public for	47359
inspection or copying. The Interstate Commission may exempt from	47360
disclosure information or official records to the extent they	47361
would adversely affect personal privacy rights or proprietary	47362
interests.	47363

G. Give public notice of all meetings and all meetings shall	47364
be open to the public, except as set forth in the rules or as	47365
otherwise provided in the compact. The Interstate Commission and	47366
its committees may close a meeting, or portion thereof, where it	47367
determines by two-thirds vote that an open meeting would be likely	47368
to:	47369

1. Relate solely to the Interstate Commission's internal	47370
personnel practices and procedures;	47371

2. Disclose matters specifically exempted from disclosure by	47372
federal and state statute;	47373

3. Disclose trade secrets or commercial or financial	47374
information which is privileged or confidential;	47375

4. Involve accusing a person of a crime, or formally	47376
censuring a person;	47377

5. Disclose information of a personal nature where disclosure	47378
would constitute a clearly unwarranted invasion of personal	47379
privacy;	47380

6. Disclose investigative records compiled for law	47381
enforcement purposes; or	47382

7. Specifically relate to the Interstate Commission's	47383
participation in a civil action or other legal proceeding.	47384

H. Shall cause its legal counsel or designee to certify that	47385
a meeting may be closed and shall reference each relevant	47386
exemptible provision for any meeting, or portion of a meeting,	47387
which is closed pursuant to this provision. The Interstate	47388
Commission shall keep minutes which shall fully and clearly	47389
describe all matters discussed in a meeting and shall provide a	47390
full and accurate summary of actions taken, and the reasons	47391
therefore, including a description of the views expressed and the	47392
record of a roll call vote. All documents considered in connection	47393
with an action shall be identified in such minutes. All minutes	47394
and documents of a closed meeting shall remain under seal, subject	47395
to release by a majority vote of the Interstate Commission.	47396

I. Shall collect standardized data concerning the educational	47397
transition of the children of military families under this compact	47398
as directed through its rules which shall specify the data to be	47399
collected, the means of collection and data exchange, and	47400
reporting requirements. Such methods of data collection,	47401
exchange, and reporting shall, in so far as is reasonably	47402
possible, conform to current technology and coordinate its	47403
information functions with the appropriate custodian of records	47404
as identified in the bylaws and rules.	47405

J. Shall create a process that permits military officials,	47406
education officials and parents to inform the Interstate	47407
Commission if and when there are alleged violations of the compact	47408
or its rules or when issues subject to the jurisdiction of the	47409
compact or its rules are not addressed by the state or local	47410
education agency. This section shall not be construed to create a	47411
private right of action against the Interstate Commission or any	47412
member state.	47413

ARTICLE X. POWERS AND DUTIES OF THE INTERSTATE COMMISSION

47414

The Interstate Commission shall have the following powers:

47415

A. To provide for dispute resolution among member states.

47416

B. To promulgate rules and take all necessary actions to	47417
effect the goals, purposes, and obligations as enumerated in this	47418
compact. The rules shall have the force and effect of statutory	47419
law and shall be binding in the compact states to the extent and	47420
in the manner provided in this compact.	47421

C. To issue, upon request of a member state, advisory	47422
opinions concerning the meaning or interpretation of the	47423
interstate compact, its bylaws, rules, and actions.	47424

D. To enforce compliance with the compact provisions, the	47425
rules promulgated by the Interstate Commission, and the bylaws,	47426
using all necessary and proper means, including but not limited to	47427
the use of judicial process.	47428

E. To establish and maintain offices which shall be located	47429
within one or more of the member states.	47430

F. To purchase and maintain insurance and bonds.

47431

G. To borrow, accept, hire, or contract for services of	47432
personnel.	47433

H. To establish and appoint committees including, but not	47434
limited to, an executive committee as required by Article IX,	47435
Section E, which shall have the power to act on behalf of the	47436
Interstate Commission in carrying out its powers and duties	47437
hereunder.	47438

I. To elect or appoint such officers, attorneys, employees,	47439
agents, or consultants, and to fix their compensation, define	47440
their duties and determine their qualifications; and to establish	47441
the Interstate Commission's personnel policies and programs	47442
relating to conflicts of interest, rates of compensation, and	47443
qualifications of personnel.	47444

J. To accept any and all donations and grants of money,	47445
equipment, supplies, materials, and services, and to receive,	47446
utilize, and dispose of it.	47447

K. To lease, purchase, accept contributions or donations of,	47448
or otherwise to own, hold, improve, or use any property, real,	47449
personal, or mixed.	47450

L. To sell, convey, mortgage, pledge, lease, exchange,	47451
abandon, or otherwise dispose of any property, real, personal, or	47452
mixed.	47453

M. To establish a budget and make expenditures.

47454

N. To adopt a seal and bylaws governing the management and	47455
operation of the Interstate Commission.	47456

O. To report annually to the legislatures, governors,	47457
judiciary, and state councils of the member states concerning the	47458
activities of the Interstate Commission during the preceding year.	47459
Such reports shall also include any recommendations that may have	47460
been adopted by the Interstate Commission.	47461

P. To coordinate education, training, and public awareness	47462
regarding the compact, its implementation and operation for	47463
officials and parents involved in such activity.	47464

Q. To establish uniform standards for the reporting,	47465
collecting and exchanging of data.	47466

R. To maintain corporate books and records in accordance with	47467
the bylaws.	47468

S. To perform such functions as may be necessary or	47469
appropriate to achieve the purposes of this compact.	47470

T. To provide for the uniform collection and sharing of	47471
information between and among member states, schools, and military	47472
families under this compact.	47473

ARTICLE XI. ORGANIZATION AND OPERATION OF THE INTERSTATE	47474
COMMISSION	47475

A. The Interstate Commission shall, by a majority of the	47476
members present and voting, within twelve months after the first	47477
Interstate Commission meeting, adopt bylaws to govern its conduct	47478
as may be necessary or appropriate to carry out the purposes of	47479
the compact, including, but not limited to:	47480

1. Establishing the fiscal year of the Interstate Commission;

47481

2. Establishing an executive committee, and such other	47482
committees as may be necessary;	47483

3. Providing for the establishment of committees and for	47484
governing any general or specific delegation of authority or	47485
function of the Interstate Commission;	47486

4. Providing reasonable procedures for calling and conducting	47487
meetings of the Interstate Commission, and ensuring reasonable	47488
notice of each such meeting;	47489

5. Establishing the titles and responsibilities of the	47490
officers and staff of the Interstate Commission;	47491

6. Providing a mechanism for concluding the operations of the	47492
Interstate Commission and the return of surplus funds that may	47493
exist upon the termination of the compact after the payment and	47494
reserving of all of its debts and obligations.	47495

7. Providing "start up" rules for initial administration of	47496
the compact.	47497

B. The Interstate Commission shall, by a majority of the	47498
members, elect annually from among its members a chairperson, a	47499
vice-chairperson, and a treasurer, each of whom shall have such	47500
authority and duties as may be specified in the bylaws. The	47501
chairperson or, in the chairperson's absence or disability, the	47502
vice-chairperson, shall preside at all meetings of the Interstate	47503
Commission. The officers so elected shall serve without	47504
compensation or remuneration from the Interstate Commission;	47505
provided that, subject to the availability of budgeted funds, the	47506
officers shall be reimbursed for ordinary and necessary costs and	47507
expenses incurred by them in the performance of their	47508
responsibilities as officers of the Interstate Commission.	47509

C. Executive Committee, Officers, and Personnel

47510

1. The executive committee shall have such authority and	47511
duties as may be set forth in the bylaws, including but not	47512
limited to:	47513

a. Managing the affairs of the Interstate Commission in a	47514
manner consistent with the bylaws and purposes of the Interstate	47515
Commission;	47516

b. Overseeing an organizational structure within, and	47517
appropriate procedures for the Interstate Commission to provide	47518
for the creation of rules, operating procedures, and	47519
administrative and technical support functions; and	47520

c. Planning, implementing, and coordinating communications	47521
and activities with other state, federal, and local government	47522
organizations in order to advance the goals of the Interstate	47523
Commission.	47524

2. The executive committee may, subject to the approval of	47525
the Interstate Commission, appoint or retain an executive director	47526
for such period, upon such terms and conditions and for such	47527
compensation, as the Interstate Commission may deem appropriate.	47528
The executive director shall serve as secretary to the Interstate	47529
Commission, but shall not be a Member of the Interstate	47530
Commission. The executive director shall hire and supervise such	47531
other persons as may be authorized by the Interstate Commission.	47532

D. The Interstate Commission's executive director and its	47533
employees shall be immune from suit and liability, either	47534
personally or in their official capacity, for a claim for damage	47535
to or loss of property or personal injury or other civil liability	47536
caused or arising out of or relating to an actual or alleged act,	47537
error, or omission that occurred, or that such person had a	47538
reasonable basis for believing occurred, within the scope of	47539
Interstate Commission employment, duties, or responsibilities;	47540
provided, that such person shall not be protected from suit or	47541
liability for damage, loss, injury, or liability caused by the	47542
intentional or willful and wanton misconduct of such person.	47543

1. The liability of the Interstate Commission's executive	47544
director and employees or Interstate Commission representatives,	47545
acting within the scope of such person's employment or duties for	47546
acts, errors, or omissions occurring within such person's state	47547
may not exceed the limits of liability set forth under the	47548
Constitution and laws of that state for state officials,	47549
employees, and agents. The Interstate Commission is considered to	47550
be an instrumentality of the states for the purposes of any such	47551
action. Nothing in this subsection shall be construed to protect	47552
such person from suit or liability for damage, loss, injury, or	47553
liability caused by the intentional or willful and wanton	47554
misconduct of such person.	47555

2. The Interstate Commission shall defend the executive	47556
director and its employees and, subject to the approval of the	47557
Attorney General or other appropriate legal counsel of the member	47558
state represented by an Interstate Commission representative,	47559
shall defend such Interstate Commission representative in any	47560
civil action seeking to impose liability arising out of an actual	47561
or alleged act, error or omission that occurred within the scope	47562
of Interstate Commission employment, duties or responsibilities,	47563
or that the defendant had a reasonable basis for believing	47564
occurred within the scope of Interstate Commission employment,	47565
duties, or responsibilities, provided that the actual or alleged	47566
act, error, or omission did not result from intentional or willful	47567
and wanton misconduct on the part of such person.	47568

3. To the extent not covered by the state involved, member	47569
state, or the Interstate Commission, the representatives or	47570
employees of the Interstate Commission shall be held harmless in	47571
the amount of a settlement or judgment, including attorney's fees	47572
and costs, obtained against such persons arising out of an actual	47573
or alleged act, error, or omission that occurred within the scope	47574
of Interstate Commission employment, duties, or responsibilities,	47575
or that such persons had a reasonable basis for believing	47576
occurred within the scope of Interstate Commission employment,	47577
duties, or responsibilities, provided that the actual or alleged	47578
act, error, or omission did not result from intentional or	47579
willful and wanton misconduct on the part of such persons.	47580

ARTICLE XII. RULEMAKING FUNCTIONS OF THE INTERSTATE	47581
COMMISSION	47582

A. Rulemaking Authority - The Interstate Commission shall	47583
promulgate reasonable rules in order to effectively and	47584
efficiently achieve the purposes of this compact. Notwithstanding	47585
the foregoing, in the event the Interstate Commission exercises	47586
its rulemaking authority in a manner that is beyond the scope of	47587
the purposes of this act, or the powers granted hereunder, then	47588
such an action by the Interstate Commission shall be invalid and	47589
have no force or effect.	47590

B. Rulemaking Procedure - Rules shall be made pursuant to a	47591
rulemaking process that substantially conforms to the "Model State	47592
Administrative Procedure Act," of 1981 Act, Uniform Laws	47593
Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate	47594
to the operations of the Interstate Commission.	47595

C. Not later than thirty days after a rule is promulgated,	47596
any person may file a petition for judicial review of the rule;	47597
provided, that the filing of such a petition shall not stay or	47598
otherwise prevent the rule from becoming effective unless the	47599
court finds that the petitioner has a substantial likelihood of	47600
success. The court shall give deference to the actions of the	47601
Interstate Commission consistent with applicable law and shall not	47602
find the rule to be unlawful if the rule represents a reasonable	47603
exercise of the Interstate Commission's authority.	47604

D. If a majority of the legislatures of the compacting states	47605
rejects a rule by enactment of a statute or resolution in the same	47606
manner used to adopt the compact, then such rule shall have no	47607
further force and effect in any compacting state.	47608

ARTICLE XIII. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION

47609

A. Oversight

47610

1. The executive, legislative, and judicial branches of state	47611
government in each member state shall enforce this compact and	47612
shall take all actions necessary and appropriate to effectuate the	47613
compact's purposes and intent. The provisions of this compact and	47614
the rules promulgated hereunder shall have standing as statutory	47615
law.	47616

2. All courts shall take judicial notice of the compact and	47617
the rules in any judicial or administrative proceeding in a member	47618
state pertaining to the subject matter of this compact which may	47619
affect the powers, responsibilities or actions of the Interstate	47620
Commission.	47621

3. The Interstate Commission shall be entitled to receive all	47622
service of process in any such proceeding, and shall have standing	47623
to intervene in the proceeding for all purposes. Failure to	47624
provide service of process to the Interstate Commission shall	47625
render a judgment or order void as to the Interstate Commission,	47626
this compact or promulgated rules.	47627

B. Default, Technical Assistance, Suspension, and Termination	47628
- If the Interstate Commission determines that a member state has	47629
defaulted in the performance of its obligations or	47630
responsibilities under this compact, or the bylaws or promulgated	47631
rules, the Interstate Commission shall:	47632

1. Provide written notice to the defaulting state and other	47633
member states, of the nature of the default, the means of curing	47634
the default and any action taken by the Interstate Commission. The	47635
Interstate Commission shall specify the conditions by which the	47636
defaulting state must cure its default.	47637

2. Provide remedial training and specific technical	47638
assistance regarding the default.	47639

3. If the defaulting state fails to cure the default, the	47640
defaulting state shall be terminated from the compact upon an	47641
affirmative vote of a majority of the member states and all	47642
rights, privileges and benefits conferred by this compact shall be	47643
terminated from the effective date of termination. A cure of the	47644
default does not relieve the offending state of obligations or	47645
liabilities incurred during the period of the default.	47646

4. Suspension or termination of membership in the compact	47647
shall be imposed only after all other means of securing compliance	47648
have been exhausted. Notice of intent to suspend or terminate	47649
shall be given by the Interstate Commission to the governor, the	47650
majority and minority leaders of the defaulting state's	47651
legislature, and each of the member states.	47652

5. The state which has been suspended or terminated is	47653
responsible for all assessments, obligations and liabilities	47654
incurred through the effective date of suspension or termination	47655
including obligations, the performance of which extends beyond the	47656
effective date of suspension or termination.	47657

6. The Interstate Commission shall not bear any costs	47658
relating to any state that has been found to be in default or	47659
which has been suspended or terminated from the compact, unless	47660
otherwise mutually agreed upon in writing between the Interstate	47661
Commission and the defaulting state.	47662

7. The defaulting state may appeal the action of the	47663
Interstate Commission by petitioning the United States District	47664
Court for the District of Columbia or the federal district where	47665
the Interstate Commission has its principal offices. The	47666
prevailing party shall be awarded all costs of such litigation	47667
including reasonable attorney's fees.	47668

C. Dispute Resolution

47669

1. The Interstate Commission shall attempt, upon the request	47670
of a member state, to resolve disputes which are subject to the	47671
compact and which may arise among member states and between member	47672
and nonmember states.	47673

2. The Interstate Commission shall promulgate a rule	47674
providing for both mediation and binding dispute resolution for	47675
disputes as appropriate.	47676

D. Enforcement

47677

1. The Interstate Commission, in the reasonable exercise of	47678
its discretion, shall enforce the provisions and rules of this	47679
compact.	47680

2. The Interstate Commission, may by majority vote of the	47681
members, initiate legal action in the United States District Court	47682
for the District of Columbia or, at the discretion of the	47683
Interstate Commission, in the federal district where the	47684
Interstate Commission has its principal offices, to enforce	47685
compliance with the provisions of the compact, its promulgated	47686
rules and bylaws, against a member state in default. The relief	47687
sought may include both injunctive relief and damages. In the	47688
event judicial enforcement is necessary the prevailing party shall	47689
be awarded all costs of such litigation including reasonable	47690
attorney's fees.	47691

3. The remedies herein shall not be the exclusive remedies of	47692
the Interstate Commission. The Interstate Commission may avail	47693
itself of any other remedies available under state law or the	47694
regulation of a profession.	47695

ARTICLE XIV. FINANCING OF THE INTERSTATE COMMISSION

47696

A. The Interstate Commission shall pay, or provide for the	47697
payment of the reasonable expenses of its establishment,	47698
organization, and ongoing activities.	47699

B. The Interstate Commission may levy on and collect an	47700
annual assessment from each member state to cover the cost of the	47701
operations and activities of the Interstate Commission and its	47702
staff which must be in a total amount sufficient to cover the	47703
Interstate Commission's annual budget as approved each year. The	47704
aggregate annual assessment amount shall be allocated based upon a	47705
formula to be determined by the Interstate Commission, which shall	47706
promulgate a rule binding upon all member states.	47707

C. The Interstate Commission shall not incur obligations of	47708
any kind prior to securing the funds adequate to meet the same;	47709
nor shall the Interstate Commission pledge the credit of any of	47710
the member states, except by and with the authority of the member	47711
state.	47712

D. The Interstate Commission shall keep accurate accounts of	47713
all receipts and disbursements. The receipts and disbursements of	47714
the Interstate Commission shall be subject to the audit and	47715
accounting procedures established under its bylaws. However, all	47716
receipts and disbursements of funds handled by the Interstate	47717
Commission shall be audited yearly by a certified or licensed	47718
public accountant and the report of the audit shall be included in	47719
and become part of the annual report of the Interstate Commission.	47720

ARTICLE XV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

47721

A. Any state is eligible to become a member state.

47722

B. The compact shall become effective and binding upon	47723
legislative enactment of the compact into law by no less than ten	47724
of the states. The effective date shall be no earlier than	47725
December 1, 2007. Thereafter it shall become effective and binding	47726
as to any other member state upon enactment of the compact into	47727
law by that state. The governors of nonmember states or their	47728
designees shall be invited to participate in the activities of the	47729
Interstate Commission on a nonvoting basis prior to adoption of	47730
the compact by all states.	47731

C. The Interstate Commission may propose amendments to the	47732
compact for enactment by the member states. No amendment shall	47733
become effective and binding upon the Interstate Commission and	47734
the member states unless and until it is enacted into law by	47735
unanimous consent of the member states.	47736

ARTICLE XVI. WITHDRAWAL AND DISSOLUTION

47737

A. Withdrawal

47738

1. Once effective, the compact shall continue in force and	47739
remain binding upon each and every member state; provided that a	47740
member state may withdraw from the compact by specifically	47741
repealing the statute, which enacted the compact into law.	47742

2. Withdrawal from this compact shall be by the enactment of	47743
a statute repealing the same, but shall not take effect until one	47744
year after the effective date of such statute and until written	47745
notice of the withdrawal has been given by the withdrawing state	47746
to the Governor of each other member jurisdiction.	47747

3. The withdrawing state shall immediately notify the	47748
chairperson of the Interstate Commission in writing upon the	47749
introduction of legislation repealing this compact in the	47750
withdrawing state. The Interstate Commission shall notify the	47751
other member states of the withdrawing state's intent to withdraw	47752
within sixty days of its receipt thereof.	47753

4. The withdrawing state is responsible for all assessments,	47754
obligations and liabilities incurred through the effective date of	47755
withdrawal, including obligations, the performance of which extend	47756
beyond the effective date of withdrawal.	47757

5. Reinstatement following withdrawal of a member state shall	47758
occur upon the withdrawing state reenacting the compact or upon	47759
such later date as determined by the Interstate Commission.	47760

B. Dissolution of Compact

47761

1. This compact shall dissolve effective upon the date of the	47762
withdrawal or default of the member state which reduces the	47763
membership in the compact to one member state.	47764

2. Upon the dissolution of this compact, the compact becomes	47765
null and void and shall be of no further force or effect, and the	47766
business and affairs of the Interstate Commission shall be	47767
concluded and surplus funds shall be distributed in accordance	47768
with the bylaws.	47769

ARTICLE XVII. SEVERABILITY AND CONSTRUCTION

47770

A. The provisions of this compact shall be severable, and if	47771
any phrase, clause, sentence or provision is deemed unenforceable,	47772
the remaining provisions of the compact shall be enforceable.	47773

B. The provisions of this compact shall be liberally	47774
construed to effectuate its purposes.	47775

C. Nothing in this compact shall be construed to prohibit the	47776
applicability of other interstate compacts to which the states are	47777
members.	47778

ARTICLE XVIII. BINDING EFFECT OF COMPACT AND OTHER LAWS

47779

A. Other Laws

47780

1. Nothing herein prevents the enforcement of any other law	47781
of a member state that is not inconsistent with this compact.	47782

2. All member states' laws conflicting with this compact are	47783
superseded to the extent of the conflict.	47784

B. Binding Effect of the Compact

47785

1. All lawful actions of the Interstate Commission, including	47786
all rules and bylaws promulgated by the Interstate Commission, are	47787
binding upon the member states.	47788

2. All agreements between the Interstate Commission and the	47789
member states are binding in accordance with their terms.	47790

3. In the event any provision of this compact exceeds the	47791
constitutional limits imposed on the legislature of any member	47792
state, such provision shall be ineffective to the extent of the	47793
conflict with the constitutional provision in question in that	47794
member state.	47795

Sec. 3301.61. (A) The state council on educational	47796
opportunity for military children is hereby established within	47797
the department of education. The council shall consist of the	47798
following members:	47799

(1) The superintendent of public instruction or the	47800
superintendent's designee;	47801

(2) The director of veterans services or the director's	47802
designee;	47803

(3) The superintendent of a school district that has a high	47804
concentration of children of military families, appointed by the	47805
governor;	47806

(4) A representative of a military installation located in	47807
this state, appointed by the governor;	47808

(5) A representative of the governor's office, appointed by	47809
the governor;	47810

(6) Four members of the general assembly, appointed as	47811
follows:	47812

(a) One member of the house of representatives appointed by	47813
the speaker of the house of representatives;	47814

(b) One member of the house of representatives appointed by	47815
the minority leader of the house of representatives;	47816

(c) One member of the senate appointed by the president of	47817
the senate;	47818

(d) One member of the senate appointed by the minority leader	47819
of the senate.	47820

(7) The compact commissioner appointed under section 3301.62	47821
of the Revised Code;	47822

(8) The military family education liaison appointed under	47823
section 3301.63 of the Revised Code;	47824

(9) Other members appointed in the manner prescribed by and	47825
seated at the discretion of the voting members of the council.	47826

The members of the council shall serve at the pleasure of	47827
their appointing authorities. Vacancies shall be filled in the	47828
manner of the initial appointments.	47829

The members appointed under divisions (A)(6) to (9) of this	47830
section shall be nonvoting members of the council.	47831

The members of the council shall serve without compensation.

47832

(B) The council shall oversee and provide coordination for	47833
the state's participation in and compliance with the interstate	47834
compact on educational opportunity for military children, as	47835
ratified by section 3301.60 of the Revised Code.	47836

(C) The department of education shall provide staff support	47837
for the council.	47838

(D) Sections 101.82 to 101.87 of the Revised Code do not	47839
apply to the council.	47840

(E) As used in this section, "children of military families"	47841
and "military installation" have the same meanings as in Article	47842
II of the interstate compact on educational opportunity for	47843
military children.	47844

Sec. 3301.62. The governor shall appoint a compact	47845
commissioner who shall be responsible for administering the	47846
state's participation in the interstate compact on educational	47847
opportunity for military children, as ratified by section 3301.60	47848
of the Revised Code. The compact commissioner shall be a state	47849
officer within the department of education and shall serve at the	47850
pleasure of the governor.	47851

Sec. 3301.63. The state council on educational opportunity	47852
for military children, established under section 3301.61 of the	47853
Revised Code, shall appoint a military family education liaison	47854
to assist families and the state in implementing the interstate	47855
compact on educational opportunity for military children, as	47856
ratified by section 3301.60 of the Revised Code. The department of	47857
education shall provide staff support for the military family	47858
education liaison.	47859

Sec. 3301.64. The annual assessment charged to the state for	47860
participating in the interstate compact on educational opportunity	47861
for military children shall be divided equally between the	47862
department of education and the department of veterans services.	47863

Sec. 3301.82. (A) The superintendent of public instruction	47864
may create the center for creativity and innovation in the	47865
department of education. If created, the center shall assist	47866
schools in city, exempted village, local, and joint vocational	47867
school districts, educational service centers, community schools	47868
established under Chapter 3314. of the Revised Code, and STEM	47869
schools established under Chapter 3326. of the Revised Code with	47870
any of the following:	47871

(1) The design and implementation of strategies and systems	47872
that enable schools to become professional learning communities,	47873
including the following:	47874

(a) Mentoring and coaching teachers and support staff;

47875

(b) Enabling school principals to focus on supporting	47876
instruction and engaging teachers and support staff as part of the	47877
instructional leadership team so that teachers and staff may share	47878
the responsibility for making and implementing school decisions;	47879

(c) Adopting new models for restructuring the learning day or	47880
year, such as including teacher planning and collaboration time as	47881
part of the school day;	47882

(d) Creating smaller schools or smaller units within larger	47883
schools to facilitate teacher collaboration to improve and advance	47884
the professional practice of teaching and to enhance instruction	47885
that yields enhanced student achievement.	47886

(2) The use of strategies in collaboration with the teach	47887
Ohio program to promote, recruit, and enhance the teaching	47888
profession, including:	47889

(a) The design and implementation of "grow your own"	47890
recruitment and retention strategies that are designed to support	47891
individuals in becoming licensed teachers, to retain highly	47892
qualified teachers, to assist experienced teachers in obtaining	47893
licensure in subject areas for which there is need, to assist	47894
teachers in obtaining senior professional educator and lead	47895
professional educator licenses, and to assist teachers to grow and	47896
develop in the profession;	47897

(b) Enhanced conditions for new teachers;

47898

(c) Incentives to attract qualified mathematics, science, or	47899
special education teachers;	47900

(d) The development and implementation of a partnership with	47901
teacher preparation programs at colleges and universities to help	47902
attract teachers qualified to teach in shortage areas;	47903

(e) The implementation of a program to increase the cultural	47904
competency of both new and veteran teachers.	47905

(3) Identifying statutes, rules, and regulations that impede	47906
the adoption of innovative practices and make recommendations to	47907
the superintendent of public instruction for the repeal,	47908
rescission, revision, or waiver of those provisions;	47909

(4) Identifying promising programs and practices based on	47910
high quality education research and developing models for their	47911
early adoption, including research and practices in arts education	47912
and creativity;	47913

(5) Other duties as assigned by the superintendent of public	47914
instruction.	47915

(B) If created, the center shall promote collaboration	47916
between school districts and community schools established under	47917
Chapter 3314. of the Revised Code to enhance the academic	47918
programs of both and to broaden the application of successful and	47919
innovative academic practices developed by community schools. In	47920
doing so, the center shall work with the office of community	47921
schools to do the following:	47922

(1) Study, gather information concerning, and serve as a	47923
clearinghouse of best practices and innovative programming	47924
developed and utilized by community schools that could be adopted	47925
by school districts;	47926

(2) Identify circumstances in which students could benefit	47927
from collaboration between the complementary programs of school	47928
districts and community schools.	47929

(C) The department may accept, receive, and expend gifts,	47930
devises, or bequests of money, lands, or other properties for the	47931
center for creativity and innovation. The state board of education	47932
may adopt rules for the purpose of enabling the center to carry	47933
out the conditions and limitations upon which a bequest, gift, or	47934
endowment is made.	47935

Sec. 3301.90. The governor shall create the early childhood	47936
advisory council in accordance with 42 U.S.C. 9837b(b)(1) and	47937
shall appoint one of its members to serve as chairperson of the	47938
council. The council shall serve as the state advisory council on	47939
early childhood education and care, as described in 42 U.S.C.	47940
9837b(b)(1). In addition to the duties specified in 42 U.S.C.	47941
9837b(b)(1), the council shall advise the state regarding the	47942
creation and duties of the center for early childhood	47943
development and shall promote family-centered programs and	47944
services that acknowledge and support the social, emotional,	47945
cognitive, intellectual, and physical development of children and	47946
the vital role of families in ensuring the well-being and success	47947
of children.	47948

Sec. 3301.95. Each school district that receives federal	47949
funding under the "American Recovery and Reinvestment Act of	47950
2009," Pub. L. No. 111-5, 123 Stat. 115, shall use the required	47951
amounts of that funding for services for students enrolled in	47952
nonpublic schools located in the district as prescribed under	47953
Title I of the "Elementary and Secondary Education Act of 1965,"	47954
20 U.S.C. 6301 et seq., the "Individuals with Disabilities	47955
Education Improvement Act of 2004," 20 U.S.C. 1400 et seq., or the	47956
"Enhancing Education Through Technology Act of 2001," 20 U.S.C.	47957
6751 et seq., and under section 3323.041 of the Revised Code.	47958

The department of education shall ensure compliance with this	47959
section.	47960

Sec. 3302.01. As used in this chapter:

47961

(A) "Performance index score" means the average of the totals	47962
derived from calculations for each subject area of ~~reading,~~	47963
~~writing~~English language arts, mathematics, science, and social	47964
studies of the weighted proportion of untested students and	47965
students scoring at each level of skill described in division	47966
(A)(2) of section 3301.0710 of the Revised Code on the ~~tests~~	47967
assessments prescribed by divisions (A) and (B)(1) of that	47968
section. The department of education shall assign weights such	47969
that students who do not take ~~a test~~an assessment receive a	47970
weight of zero and students who take ~~a test~~an assessment receive	47971
progressively larger weights dependent upon the level of skill	47972
attained on the ~~test~~assessment. The department shall also	47973
determine the performance index score a school district or	47974
building needs to achieve for the purpose of the performance	47975
ratings assigned pursuant to section 3302.03 of the Revised Code.	47976

Students shall be included in the "performance index score"	47977
in accordance with division (D)(2) of section 3302.03 of the	47978
Revised Code.	47979

(B) "Subgroup" means a subset of the entire student	47980
population of the state, a school district, or a school building	47981
and includes each of the following:	47982

(1) Major racial and ethnic groups;

47983

(2) Students with disabilities;

47984

(3) Economically disadvantaged students;

47985

(4) Limited English proficient students.

47986

(C) "No Child Left Behind Act of 2001" includes the statutes	47987
codified at 20 U.S.C. 6301 et seq. and any amendments thereto,	47988
rules and regulations promulgated pursuant to those statutes,	47989
guidance documents, and any other policy directives regarding	47990
implementation of that act issued by the United States department	47991
of education.	47992

(D) "Adequate yearly progress" means a measure of annual	47993
academic performance as calculated in accordance with the "No	47994
Child Left Behind Act of 2001."	47995

(E) "Supplemental educational services" means additional	47996
academic assistance, such as tutoring, remediation, or other	47997
educational enrichment activities, that is conducted outside of	47998
the regular school day by a provider approved by the department in	47999
accordance with the "No Child Left Behind Act of 2001."	48000

(F) "Value-added progress dimension" means a measure of	48001
academic gain for a student or group of students over a specific	48002
period of time that is calculated by applying a statistical	48003
methodology to individual student achievement data derived from	48004
the achievement ~~tests~~assessments prescribed by section 3301.0710	48005
of the Revised Code.	48006

Sec. 3302.02. ~~The~~Not later than one year after the adoption	48007
of rules under division (E) of section 3301.0712 of the Revised	48008
Code and at least every sixth year thereafter, upon	48009
recommendations of the superintendent of public instruction, the	48010
state board of education ~~annually through 2007, and every six~~	48011
~~years thereafter,~~ shall establish ~~at least seventeen~~ performance	48012
indicators for the report cards required by division (C) of	48013
section 3302.03 of the Revised Code. In establishing these	48014
indicators, the ~~state board~~superintendent shall consider	48015
inclusion of student performance on ~~any tests given~~assessments	48016
prescribed under section 3301.0710 or 3301.0712 of the Revised	48017
Code, rates of student improvement on such ~~tests~~assessments,	48018
student attendance, the breadth of coursework available within the	48019
district, and other indicators of student success. ~~The state board~~	48020
Not later than December 31, 2011, the state board, upon	48021
recommendation of the superintendent, shall establish a	48022
performance indicator reflecting the level of services provided	48023
to, and the performance of, students identified as gifted under	48024
Chapter 3324. of the Revised Code.	48025

The superintendent shall inform the Ohio accountability task	48026
force established under section 3302.021 of the Revised Code of	48027
the performance indicators itthe superintendent establishes	48028
under this section and the rationale for choosing each indicator	48029
and for determining how a school district or building meets that	48030
indicator.	48031

The ~~state board~~superintendent shall not establish any	48032
performance indicator for passage of the third or fourth grade	48033
~~reading test~~English language arts assessment that is solely based	48034
on the ~~test~~assessment given in the fall for the purpose of	48035
determining whether students have met the reading guarantee	48036
provisions of section 3313.608 of the Revised Code.	48037

Sec. 3302.021. (A) Not earlier than July 1, 2005, and not	48038
later than July 1, 2007, the department of education shall	48039
implement a value-added progress dimension for school districts	48040
and buildings and shall incorporate the value-added progress	48041
dimension into the report cards and performance ratings issued for	48042
districts and buildings under section 3302.03 of the Revised Code.	48043

The state board of education shall adopt rules, pursuant to	48044
Chapter 119. of the Revised Code, for the implementation of the	48045
value-added progress dimension. In adopting rules, the state board	48046
shall consult with the Ohio accountability task force established	48047
under division ~~(D)~~(E) of this section. The rules adopted under	48048
this division shall specify both of the following:	48049

(1) A scale for describing the levels of academic progress in	48050
reading and mathematics relative to a standard year of academic	48051
growth in those subjects for each of grades three through eight;	48052

(2) That the department shall maintain the confidentiality of	48053
individual student test scores and individual student reports in	48054
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the	48055
Revised Code and federal law. The department may require school	48056
districts to use a unique identifier for each student for this	48057
purpose. Individual student test scores and individual student	48058
reports shall be made available only to a student's classroom	48059
teacher and other appropriate educational personnel and to the	48060
student's parent or guardian.	48061

(B) The department shall use a system designed for collecting	48062
necessary data, calculating the value-added progress dimension,	48063
analyzing data, and generating reports, which system has been used	48064
previously by a non-profit organization led by the Ohio business	48065
community for at least one year in the operation of a pilot	48066
program in cooperation with school districts to collect and report	48067
student achievement data via electronic means and to provide	48068
information to the districts regarding the academic performance of	48069
individual students, grade levels, school buildings, and the	48070
districts as a whole.	48071

(C) The department shall not pay more than two dollars per	48072
student for data analysis and reporting to implement the	48073
value-added progress dimension in the same manner and with the	48074
same services as under the pilot program described by division (B)	48075
of this section. However, nothing in this section shall preclude	48076
the department or any school district from entering into a	48077
contract for the provision of more services at a higher fee per	48078
student. Any data analysis conducted under this section by an	48079
entity under contract with the department shall be completed in	48080
accordance with timelines established by the superintendent of	48081
public instruction.	48082

(D) The department shall share any aggregate student data and	48083
any calculation, analysis, or report utilizing aggregate student	48084
data that is generated under this section with the chancellor of	48085
the Ohio board of regents. The department shall not share	48086
individual student test scores and individual student reports with	48087
the chancellor.	48088

(E)(1) There is hereby established the Ohio accountability	48089
task force. The task force shall consist of the following thirteen	48090
members:	48091

(a) The chairpersons and ranking minority members of the	48092
house of representatives and senate standing committees primarily	48093
responsible for education legislation, who shall be nonvoting	48094
members;	48095

(b) One representative of the governor's office, appointed by	48096
the governor;	48097

(c) The superintendent of public instruction, or the	48098
superintendent's designee;	48099

(d) One representative of teacher employee organizations	48100
formed pursuant to Chapter 4117. of the Revised Code, appointed by	48101
the speaker of the house of representatives;	48102

(e) One representative of school district boards of	48103
education, appointed by the president of the senate;	48104

(f) One school district superintendent, appointed by the	48105
speaker of the house of representatives;	48106

(g) One representative of business, appointed by the	48107
president of the senate;	48108

(h) One representative of a non-profit organization led by	48109
the Ohio business community, appointed by the governor;	48110

(i) One school building principal, appointed by the president	48111
of the senate;	48112

(j) A member of the state board of education, appointed by	48113
the speaker of the house of representatives.	48114

Initial appointed members of the task force shall serve until	48115
January 1, 2005. Thereafter, terms of office for appointed members	48116
shall be for two years, each term ending on the same day of the	48117
same month as did the term that it succeeds. Each appointed member	48118
shall hold office from the date of appointment until the end of	48119
the term for which the member was appointed. Members may be	48120
reappointed. Vacancies shall be filled in the same manner as the	48121
original appointment. Any member appointed to fill a vacancy	48122
occurring prior to the expiration of the term for which the	48123
member's predecessor was appointed shall hold office for the	48124
remainder of that term.	48125

The task force shall select from among its members a	48126
chairperson. The task force shall meet at least six times each	48127
calendar year and at other times upon the call of the chairperson	48128
to conduct its business. Members of the task force shall serve	48129
without compensation.	48130

(2) The task force shall do all of the following:

48131

(a) Examine the implementation of the value-added progress	48132
dimension by the department, including the system described in	48133
division (B) of this section, the reporting of performance data to	48134
school districts and buildings, and the provision of professional	48135
development on the interpretation of the data to classroom	48136
teachers and administrators;	48137

(b) Periodically review any fees for data analysis and	48138
reporting paid by the department pursuant to division (C) of this	48139
section and determine if the fees are appropriate based upon the	48140
level of services provided;	48141

(c) Periodically report to the department and the state board	48142
on all issues related to the school district and building	48143
accountability system established under this chapter;	48144

(d) Not later than seven years after its initial meeting,	48145
make recommendations to improve the school district and building	48146
accountability system established under this chapter. The task	48147
force shall adopt recommendations by a majority vote of its	48148
members. Copies of the recommendations shall be provided to the	48149
state board, the governor, the speaker of the house of	48150
representatives, and the president of the senate.	48151

(e) Determine starting dates for the implementation of the	48152
value-added progress dimension and its incorporation into school	48153
district and building report cards and performance ratings.	48154

Sec. 3302.03. (A) Annually the department of education shall	48155
report for each school district and each school building in a	48156
district all of the following:	48157

(1) The extent to which the school district or building meets	48158
each of the applicable performance indicators created by the state	48159
board of education under section 3302.02 of the Revised Code and	48160
the number of applicable performance indicators that have been	48161
achieved;	48162

(2) The performance index score of the school district or	48163
building;	48164

(3) Whether the school district or building has made adequate	48165
yearly progress;	48166

(4) Whether the school district or building is excellent,	48167
effective, needs continuous improvement, is under an academic	48168
watch, or is in a state of academic emergency.	48169

(B) Except as otherwise provided in divisions (B)(6) and (7)	48170
of this section:	48171

(1) A school district or building shall be declared excellent	48172
if it fulfills one of the following requirements:	48173

(a) It makes adequate yearly progress and either meets at	48174
least ninety-four per cent of the applicable state performance	48175
indicators or has a performance index score established by the	48176
department.	48177

(b) It has failed to make adequate yearly progress for not	48178
more than two consecutive years and either meets at least	48179
ninety-four per cent of the applicable state performance	48180
indicators or has a performance index score established by the	48181
department.	48182

(2) A school district or building shall be declared effective	48183
if it fulfills one of the following requirements:	48184

(a) It makes adequate yearly progress and either meets at	48185
least seventy-five per cent but less than ninety-four per cent of	48186
the applicable state performance indicators or has a performance	48187
index score established by the department.	48188

(b) It does not make adequate yearly progress and either	48189
meets at least seventy-five per cent of the applicable state	48190
performance indicators or has a performance index score	48191
established by the department, except that if it does not make	48192
adequate yearly progress for three consecutive years, it shall be	48193
declared in need of continuous improvement.	48194

(3) A school district or building shall be declared to be in	48195
need of continuous improvement if it fulfills one of the following	48196
requirements:	48197

(a) It makes adequate yearly progress, meets less than	48198
seventy-five per cent of the applicable state performance	48199
indicators, and has a performance index score established by the	48200
department.	48201

(b) It does not make adequate yearly progress and either	48202
meets at least fifty per cent but less than seventy-five per cent	48203
of the applicable state performance indicators or has a	48204
performance index score established by the department.	48205

(4) A school district or building shall be declared to be	48206
under an academic watch if it does not make adequate yearly	48207
progress and either meets at least thirty-one per cent but less	48208
than fifty per cent of the applicable state performance	48209
indicators or has a performance index score established by the	48210
department.	48211

(5) A school district or building shall be declared to be in	48212
a state of academic emergency if it does not make adequate yearly	48213
progress, does not meet at least thirty-one per cent of the	48214
applicable state performance indicators, and has a performance	48215
index score established by the department.	48216

(6) When designating performance ratings for school districts	48217
and buildings under divisions (B)(1) to (5) of this section, the	48218
department shall not assign a school district or building a lower	48219
designation from its previous year's designation based solely on	48220
one subgroup not making adequate yearly progress.	48221

(7) Division (B)(7) of this section does not apply to any	48222
community school established under Chapter 3314. of the Revised	48223
Code in which a majority of the students are enrolled in a dropout	48224
prevention and recovery program.	48225

A school district or building shall not be assigned a higher	48226
performance rating than in need of continuous improvement if at	48227
least ten per cent but not more than fifteen per cent of the	48228
enrolled students do not take all achievement ~~tests~~assessments	48229
prescribed for their grade level under division (A)(1) or (B)(1)	48230
of section 3301.0710 of the Revised Code from which they are	48231
not excused pursuant to division (C)(1) or (3) of section	48232
3301.0711 of the Revised Code. A school district or building	48233
shall not be assigned a higher performance rating than under an	48234
academic watch if more than fifteen per cent but not more than	48235
twenty per cent of the enrolled students do not take all	48236
achievement ~~tests~~assessments prescribed for their grade level	48237
under division (A)(1) or (B)(1) of section 3301.0710 of the	48238
Revised Code from which they are not excused pursuant to	48239
division (C)(1) or (3) of section 3301.0711 of the Revised Code.	48240
A school district or building shall not be assigned a higher	48241
performance rating than in a state of academic emergency if more	48242
than twenty per cent of the enrolled students do not take all	48243
achievement ~~tests~~assessments prescribed for their grade level	48244
under division (A)(1) or (B)(1) of section 3301.0710 of the	48245
Revised Code from which they are not excused pursuant to	48246
division (C)(1) or (3) of section 3301.0711 of the Revised Code.	48247

(C)(1) The department shall issue annual report cards for	48248
each school district, each building within each district, and for	48249
the state as a whole reflecting performance on the indicators	48250
created by the state board under section 3302.02 of the Revised	48251
Code, the performance index score, and adequate yearly progress.	48252

(2) The department shall include on the report card for each	48253
district information pertaining to any change from the previous	48254
year made by the school district or school buildings within the	48255
district on any performance indicator.	48256

(3) When reporting data on student performance, the	48257
department shall disaggregate that data according to the following	48258
categories:	48259

(a) Performance of students by age group;

48260

(b) Performance of students by race and ethnic group;

48261

48262

(d) Performance of students grouped by those who have been	48263
enrolled in a district or school for three or more years;	48264

(e) Performance of students grouped by those who have been	48265
enrolled in a district or school for more than one year and less	48266
than three years;	48267

(f) Performance of students grouped by those who have been	48268
enrolled in a district or school for one year or less;	48269

(g) Performance of students grouped by those who are	48270
economically disadvantaged;	48271

(h) Performance of students grouped by those who are enrolled	48272
in a conversion community school established under Chapter 3314.	48273
of the Revised Code;	48274

(i) Performance of students grouped by those who are	48275
classified as limited English proficient;	48276

(j) Performance of students grouped by those who have	48277
disabilities;	48278

(k) Performance of students grouped by those who are	48279
classified as migrants;	48280

(l) Performance of students grouped by those who are	48281
identified as gifted pursuant to Chapter 3324. of the Revised	48282
Code.	48283

The department may disaggregate data on student performance	48284
according to other categories that the department determines are	48285
appropriate. To the extent possible, the department shall	48286
disaggregate data on student performance according to any	48287
combinations of two or more of the categories listed in divisions	48288
(C)(3)(a) to (l) of this section that it deems relevant.	48289

In reporting data pursuant to division (C)(3) of this	48290
section, the department shall not include in the report cards any	48291
data statistical in nature that is statistically unreliable or	48292
that could result in the identification of individual students.	48293
For this purpose, the department shall not report student	48294
performance data for any group identified in division (C)(3) of	48295
this section that contains less than ten students.	48296

(4) The department may include with the report cards any	48297
additional education and fiscal performance data it deems	48298
valuable.	48299

(5) The department shall include on each report card a list	48300
of additional information collected by the department that is	48301
available regarding the district or building for which the report	48302
card is issued. When available, such additional information shall	48303
include student mobility data disaggregated by race and	48304
socioeconomic status, college enrollment data, and the reports	48305
prepared under section 3302.031 of the Revised Code.	48306

The department shall maintain a site on the world wide web.	48307
The report card shall include the address of the site and shall	48308
specify that such additional information is available to the	48309
public at that site. The department shall also provide a copy of	48310
each item on the list to the superintendent of each school	48311
district. The district superintendent shall provide a copy of any	48312
item on the list to anyone who requests it.	48313

(6)(a) This division does not apply to conversion community	48314
schools that primarily enroll students between sixteen and	48315
twenty-two years of age who dropped out of high school or are at	48316
risk of dropping out of high school due to poor attendance,	48317
disciplinary problems, or suspensions.	48318

For any district that sponsors a conversion community school	48319
under Chapter 3314. of the Revised Code, the department shall	48320
combine data regarding the academic performance of students	48321
enrolled in the community school with comparable data from the	48322
schools of the district for the purpose of calculating the	48323
performance of the district as a whole on the report card issued	48324
for the district.	48325

(b) Any district that leases a building to a community school	48326
located in the district or that enters into an agreement with a	48327
community school located in the district whereby the district and	48328
the school endorse each other's programs may elect to have data	48329
regarding the academic performance of students enrolled in the	48330
community school combined with comparable data from the schools of	48331
the district for the purpose of calculating the performance of the	48332
district as a whole on the district report card. Any district that	48333
so elects shall annually file a copy of the lease or agreement	48334
with the department.	48335

(7) The department shall include on each report card the	48336
percentage of teachers in the district or building who are highly	48337
qualified, as defined by the "No Child Left Behind Act of 2001,"	48338
and a comparison of that percentage with the percentages of such	48339
teachers in similar districts and buildings.	48340

(8) The department shall include on the report card the	48341
number of ~~master~~lead teachers employed by each district and each	48342
building once the data is available from the education management	48343
information system established under section 3301.0714 of the	48344
Revised Code.	48345

(D)(1) In calculating ~~reading, writing~~English language arts,	48346
mathematics, social studies, or science ~~proficiency or achievement~~	48347
~~test~~assessment passage rates used to determine school district	48348
or building performance under this section, the department shall	48349
include all students taking ~~a test~~an assessment with	48350
accommodation or to whom an alternate assessment is administered	48351
pursuant to division (C)(1) or (3) of section 3301.0711 of the	48352
Revised Code.	48353

(2) In calculating performance index scores, rates of	48354
achievement on the performance indicators established by the state	48355
board under section 3302.02 of the Revised Code, and adequate	48356
yearly progress for school districts and buildings under this	48357
section, the department shall do all of the following:	48358

(a) Include for each district or building only those students	48359
who are included in the ADM certified for the first full school	48360
week of October and are continuously enrolled in the district or	48361
building through the time of the spring administration of any ~~test~~	48362
assessment prescribed by division (A)(1) or (B)(1) of section	48363
3301.0710 of the Revised Code that is administered to the	48364
student's grade level;	48365

(b) Include cumulative totals from both the fall and spring	48366
administrations of the third grade ~~reading~~English language arts	48367
achievement ~~test~~assessment;	48368

(c) Except as required by the "No Child Left Behind Act of	48369
2001" for the calculation of adequate yearly progress, exclude for	48370
each district or building any limited English proficient student	48371
who has been enrolled in United States schools for less than one	48372
full school year.	48373

Sec. 3302.031. In addition to the report cards required under	48374
section 3302.03 of the Revised Code, the department of education	48375
shall annually prepare the following reports for each school	48376
district and make a copy of each report available to the	48377
superintendent of each district:	48378

(A) A funding and expenditure accountability report which	48379
shall consist of the amount of state aid payments the school	48380
district will receive during the fiscal year under ~~Chapter~~	48381
Chapters 3306. and 3317. of the Revised Code and any other fiscal	48382
data the department determines is necessary to inform the public	48383
about the financial status of the district;	48384

(B) A school safety and discipline report which shall consist	48385
of statistical information regarding student safety and discipline	48386
in each school building, including the number of suspensions and	48387
expulsions disaggregated according to race and gender;	48388

(C) A student equity report which shall consist of at least a	48389
description of the status of teacher qualifications, library and	48390
media resources, textbooks, classroom materials and supplies, and	48391
technology resources for each district. To the extent possible,	48392
the information included in the report required under this	48393
division shall be disaggregated according to grade level, race,	48394
gender, disability, and scores attained on ~~tests~~assessments	48395
required under section 3301.0710 of the Revised Code.	48396

(D) A school enrollment report which shall consist of	48397
information about the composition of classes within each district	48398
by grade and subject disaggregated according to race, gender, and	48399
scores attained on ~~tests~~assessments required under section	48400
3301.0710 of the Revised Code;	48401

(E) A student retention report which shall consist of the	48402
number of students retained in their respective grade levels in	48403
the district disaggregated by grade level, subject area, race,	48404
gender, and disability;	48405

(F) A school district performance report which shall describe	48406
for the district and each building within the district the extent	48407
to which the district or building meets each of the applicable	48408
performance indicators established under section 3302.02 of the	48409
Revised Code, the number of performance indicators that have been	48410
achieved, and the performance index score. In calculating the	48411
rates of achievement on the performance indicators and the	48412
performance index scores for each report, the department shall	48413
exclude all students with disabilities.	48414

Sec. 3302.05. The state board of education shall adopt rules	48415
freeing school districts declared to be excellent under division	48416
(B)(1) or effective under division (B)(2) of section 3302.03 of	48417
the Revised Code from specified state mandates. Any mandates	48418
included in the rules shall be only those statutes or rules	48419
pertaining to state education requirements. The rules shall not	48420
exempt districts from any standard or requirement of Chapter 3306.	48421
or from any operating standard adopted under division (D)(3) of	48422
section 3301.07 of the Revised Code.	48423

Sec. 3302.07. (A) The board of education of any school	48424
district, the governing board of any educational service center,	48425
or the administrative authority of any chartered nonpublic school	48426
may submit to the state board of education an application	48427
proposing an innovative education pilot program the implementation	48428
of which requires exemptions from specific statutory provisions or	48429
rules. If a district or service center board employs teachers	48430
under a collective bargaining agreement adopted pursuant to	48431
Chapter 4117. of the Revised Code, any application submitted under	48432
this division shall include the written consent of the teachers'	48433
employee representative designated under division (B) of section	48434
4117.04 of the Revised Code. The exemptions requested in the	48435
application shall be limited to any requirement of Title XXXIII of	48436
the Revised Code or of any rule of the state board adopted	48437
pursuant to that title except that the application may not propose	48438
an exemption from any requirement of or rule adopted pursuant to	48439
Chapter 3307. or 3309., sections 3319.07 to 3319.21, or Chapter	48440
3323. of the Revised Code. Furthermore, an exemption from any	48441
standard or requirement of Chapter 3306. or from any operating	48442
standard adopted under division (D)(3) of section 3301.07 of the	48443
Revised Code shall be granted only pursuant to a waiver granted by	48444
the superintendent of public instruction under section 3306.40 of	48445
the Revised Code.	48446

(B) The state board of education shall accept any application	48447
submitted in accordance with division (A) of this section. The	48448
superintendent of public instruction shall approve or disapprove	48449
the application in accordance with standards for approval, which	48450
shall be adopted by the state board.	48451

(C) The superintendent of public instruction shall exempt	48452
each district or service center board or chartered nonpublic	48453
school administrative authority with an application approved under	48454
division (B) of this section for a specified period from the	48455
statutory provisions or rules specified in the approved	48456
application. The period of exemption shall not exceed the period	48457
during which the pilot program proposed in the application is	48458
being implemented and a reasonable period to allow for evaluation	48459
of the effectiveness of the program.	48460

Sec. 3304.16. In carrying out the purposes of sections	48461
3304.11 to 3304.27 of the Revised Code, the rehabilitation	48462
services commission:	48463

(A) Shall develop all necessary rules;

48464

(B) Shall prepare and submit to the governor annual reports	48465
of activities and expenditures and, prior to each first regular	48466
session of the general assembly, an estimate of sums required to	48467
carry out the commission's responsibilities;	48468

(C) Shall certify any disbursement of funds available to the	48469
commission for vocational rehabilitation activities;	48470

(D) Shall serve as the sole state agency designated to	48471
administer the plan under the "Rehabilitation Act of 1973," 87	48472
Stat. 355, 29 U.S.C. 701, as amended;	48473

(E) Shall take appropriate action to guarantee rights of and	48474
services to handicapped persons;	48475

(F) Shall consult with and advise other state agencies to	48476
assist them in meeting the needs of handicapped persons more	48477
effectively and to achieve maximum coordination among programs for	48478
the handicapped;	48479

(G) Shall establish an administrative division of consumer	48480
affairs and advocacy within the commission to promote and help	48481
guarantee the rights of handicapped persons;	48482

(H) Shall maintain an inventory of state services that are	48483
available to handicapped persons;	48484

(I) Shall utilize, support, assist, and cooperate with the	48485
governor's committee on employment of the handicapped;	48486

(J) May delegate to any officer or employee of the commission	48487
any necessary powers and duties;	48488

(K) May take any other necessary or appropriate action for	48489
cooperation with public and private agencies and organizations	48490
which may include:	48491

(1) Reciprocal agreements with other states to provide for	48492
the vocational rehabilitation of individuals within the states	48493
concerned;	48494

(2) Contracts or other arrangements with public and other	48495
nonprofit agencies and organizations for the construction or	48496
establishment and operation of vocational rehabilitation programs	48497
and facilities;	48498

(3) Cooperative arrangements with the federal government for	48499
carrying out sections 3304.11 to 3304.27 of the Revised Code, the	48500
"Vocational Rehabilitation Act," 41 Stat. 735 (1920), 29 U.S.C.	48501
31, as amended, or other federal statutes pertaining to vocational	48502
rehabilitation, and to this end, may adopt plans and methods of	48503
administration found necessary by the federal government for the	48504
efficient operation of any joint arrangements or the efficient	48505
application of any federal statutes;	48506

(4) Upon the designation of the governor, performing	48507
functions and services for the federal government relating to	48508
individuals under a physical or mental disability;.	48509

~~(5) Compliance~~(L) Shall comply with any requirements	48510
necessary to obtain federal funds in the maximum amount and most	48511
advantageous proportion possible.	48512

~~(L)~~(M) May conduct research and demonstration projects,	48513
including inquiries concerning the causes of blindness and its	48514
prevention, provide training and instruction, including the	48515
establishment and maintenance of research fellowships and	48516
traineeships along with all necessary stipends and allowances,	48517
disseminate information, and provide technical assistance relating	48518
to vocational rehabilitation;	48519

~~(M)~~(N) May plan, establish, and operate programs, facilities,	48520
and services relating to vocational rehabilitation;	48521

~~(N)~~(O) May accept and hold, invest, reinvest, or otherwise	48522
use gifts made for the purpose of furthering vocational	48523
rehabilitation;	48524

~~(O)~~(P) May ameliorate the condition of the aged blind or	48525
other severely disabled individuals by establishing a program of	48526
home visitation by commission employees for the purpose of	48527
instruction;	48528

~~(P)~~(Q) May establish and manage small business enterprises	48529
that are operated by persons with a substantial handicap to	48530
employment, including blind persons;	48531

~~(Q)~~(R) May purchase from insurance companies licensed to do	48532
business in this state any insurance deemed necessary by the	48533
commission for the efficient operation of a suitable vending	48534
facility as defined in division (A) of section 3304.28 of the	48535
Revised Code;	48536

~~(R)~~(S) May accept directly from any state agency, and any	48537
state agency may transfer directly to the commission, surplus	48538
computers and computer equipment to be used for any purposes the	48539
commission considers appropriate, notwithstanding sections 125.12	48540
to 125.14 of the Revised Code.	48541

Sec. 3304.181. If the total of all funds available from	48542
nonfederal sources to support the activities of the rehabilitation	48543
services commission does not comply with the expenditure	48544
requirements of 34 C.F.R. 361.60 and 361.62 for those activities	48545
or would cause the state to lose an allotment or fail to receive	48546
a reallotment under 34 C.F.R. 361.65, the commission shall	48547
solicit additional funds from, and enter into agreements for the	48548
use of those funds with, private or public entities, including	48549
local government entities of this state. The commission shall	48550
continue to solicit additional funds and enter into agreements	48551
until the total funding available is sufficient for the	48552
commission to receive federal funds at the maximum amount and in	48553
the most advantageous proportion possible.	48554

Any agreement entered into between the commission and a	48555
private or public entity to provide funds under this section shall	48556
be in accordance with section 3304.182 of the Revised Code.	48557

Sec. 3304.182. Any agreement between the rehabilitation	48558
services commission and a private or public entity providing funds	48559
under section 3304.181 of the Revised Code may permit the	48560
commission to receive a specified percentage of the funds for	48561
administration, but the percentage shall be not more than thirteen	48562
per cent of the total funds available under the agreement. The	48563
agreement shall not be for less than six months or be	48564
discontinued by the commission without the commission first	48565
providing three months notice of intent to discontinue the	48566
agreement. The commission may terminate an agreement only for good	48567
cause.	48568

Any services provided under an agreement entered into under	48569
section 3304.181 of the Revised Code shall be provided by a person	48570
or government entity that meets the accreditation standards	48571
established in rules adopted by the commission under section	48572
3304.16 of the Revised Code.	48573

Sec. 3304.231. There is hereby created a brain injury	48574
advisory committee, which shall advise the administrator of the	48575
rehabilitation services commission and the brain injury program	48576
with regard to unmet needs of survivors of brain injury,	48577
development of programs for survivors and their families,	48578
establishment of training programs for health care professionals,	48579
and any other matter within the province of the brain injury	48580
program. The committee shall consist of not ~~less~~fewer than	48581
~~eighteen~~twenty and not more than ~~twenty-one~~twenty-two members as	48582
follows:	48583

(A) Not ~~less~~fewer than ten and not more than twelve members	48584
appointed by the administrator of the rehabilitation services	48585
commission, including all of the following: a survivor of brain	48586
injury, a relative of a survivor of brain injury, a licensed	48587
physician recommended by the Ohio chapter of the American college	48588
of emergency physicians, a licensed physician recommended by the	48589
Ohio state medical association, one other health care	48590
professional, a rehabilitation professional, an individual who	48591
represents the brain injury association of Ohio, and not ~~less~~	48592
fewer than three nor more than five individuals who shall	48593
represent the public;	48594

(B) The directors of the departments of health, alcohol and	48595
drug addiction services, mental retardation and developmental	48596
disabilities, mental health, job and family services, aging, and	48597
~~highway~~public safety; the administrator of workers' compensation;	48598
the superintendent of public instruction; and the administrator of	48599
the rehabilitation services commission. Any of the officials	48600
specified in this division may designate an individual to serve in	48601
the official's place as a member of the committee.	48602

~~The director of health shall make initial appointments to the~~	48603
~~committee by November 1, 1990. Appointments made after July 26,~~	48604
~~1991, shall be made by the administrator of the rehabilitation~~	48605
~~services commission.~~ Terms of office of the appointed members	48606
shall be two years. Members may be reappointed. Vacancies shall	48607
be filled in the manner provided for original appointments. Any	48608
member appointed to fill a vacancy occurring prior to the	48609
expiration date of the term for which the member's predecessor was	48610
appointed shall hold office as a member for the remainder of that	48611
term.	48612

Members of the committee shall serve without compensation,	48613
but shall be reimbursed for actual and necessary expenses incurred	48614
in the performance of their duties.	48615

Sec. 3306.01. This chapter shall be administered by the	48616
state board of education. The superintendent of public instruction	48617
shall calculate the amounts payable to each school district and	48618
shall certify the amounts payable to each eligible district to the	48619
treasurer of the district as determined under this chapter. As	48620
soon as possible after such amounts are calculated, the	48621
superintendent shall certify to the treasurer of each school	48622
district the district's adjusted charge-off increase, as defined	48623
in section 5705.211 of the Revised Code. No moneys shall be	48624
distributed pursuant to this chapter without the approval of the	48625
controlling board.	48626

The state board of education shall, in accordance with	48627
appropriations made by the general assembly, meet the financial	48628
obligations of this chapter.	48629

Annually, the department of education shall calculate and	48630
report to each school district the district's adequacy amount	48631
utilizing the calculations in sections 3306.03 and 3306.13 of the	48632
Revised Code. The department shall calculate and report separately	48633
for each school district the district's total state and local	48634
funds for its students with disabilities, utilizing the	48635
calculations in sections 3306.05, 3306.11, and 3306.13 of the	48636
Revised Code. The department shall calculate and report separately	48637
for each school district the amount of funding calculated for each	48638
factor of the district's adequacy amount.	48639

Not later than the thirty-first day of August of each fiscal	48640
year, the department of education shall provide to each school	48641
district a preliminary estimate of the amount of funding that the	48642
department calculates the district will receive under section	48643
3306.13 of the Revised Code. Not later than the first day of	48644
December of each fiscal year, the department shall update that	48645
preliminary estimate.	48646

Moneys distributed pursuant to this chapter shall be	48647
calculated and paid on a fiscal year basis, beginning with the	48648
first day of July and extending through the thirtieth day of June.	48649
Unless otherwise provided, the moneys appropriated for each fiscal	48650
year shall be distributed at least monthly to each school	48651
district. The state board shall submit a yearly distribution plan	48652
to the controlling board at its first meeting in July. The state	48653
board shall submit any proposed midyear revision of the plan to	48654
the controlling board in January. Any year-end revision of the	48655
plan shall be submitted to the controlling board in June. If	48656
moneys appropriated for each fiscal year are distributed other	48657
than monthly, such distribution shall be on the same basis for	48658
each school district.	48659

The total amounts paid each month shall constitute, as nearly	48660
as possible, one-twelfth of the total amount payable for the	48661
entire year.	48662

Payments shall be calculated to reflect the reporting of	48663
formula ADM. Annualized periodic payments for each school district	48664
shall be based on the district's final student counts verified by	48665
the superintendent of public instruction based on reports under	48666
section 3317.03 of the Revised Code, as adjusted, if so ordered,	48667
under division (K) of that section.	48668

(A) Except as otherwise provided, payments under this chapter	48669
shall be made only to those school districts that comply with	48670
divisions (A)(1) to (3) of this section.	48671

(1) Each city, exempted village, and local school district	48672
shall levy for current operating expenses at least twenty mills.	48673
Levies for joint vocational or cooperative education school	48674
districts or county school financing districts, limited to or to	48675
the extent apportioned to current expenses, shall be included in	48676
this qualification requirement. School district income tax levies	48677
under Chapter 5748. of the Revised Code, limited to or to the	48678
extent apportioned to current operating expenses, shall be	48679
included in this qualification requirement to the extent	48680
determined by the tax commissioner under division (D) of section	48681
3317.021 of the Revised Code.	48682

(2) Each city, exempted village, local, and joint vocational	48683
school district, during the school year next preceding the fiscal	48684
year for which payments are calculated under this chapter, shall	48685
meet the requirement of section 3313.48 or 3313.481 of the	48686
Revised Code, with regard to the minimum number of days or hours	48687
school must be open for instruction with pupils in attendance,	48688
for individualized parent-teacher conference and reporting	48689
periods, and for professional meetings of teachers. The	48690
superintendent of public instruction shall waive a number of days	48691
in accordance with section 3317.01 of the Revised Code on which it	48692
had been necessary for a school to be closed because of disease	48693
epidemic, hazardous weather conditions, inoperability of school	48694
buses or other equipment necessary to the school's operation,	48695
damage to a school building, or other temporary circumstances	48696
due to utility failure rendering the school building unfit for	48697
school use.	48698

A school district shall not be considered to have failed to	48699
comply with this division or section 3313.481 of the Revised Code	48700
because schools were open for instruction but either twelfth grade	48701
students were excused from attendance for up to three days or only	48702
a portion of the kindergarten students were in attendance for up	48703
to three days in order to allow for the gradual orientation to	48704
school of such students.	48705

The superintendent of public instruction shall waive the	48706
requirements of this section with reference to the minimum number	48707
of days or hours a school must be open for instruction with pupils	48708
in attendance for the school year succeeding the school year in	48709
which a board of education initiates a plan of operation pursuant	48710
to section 3313.481 of the Revised Code. The minimum requirements	48711
of this section shall again be applicable to the district	48712
beginning with the school year commencing the second July	48713
succeeding the initiation of the plan, and for each school year	48714
thereafter.	48715

A school district shall not be considered to have failed to	48716
comply with this division or section 3313.48 or 3313.481 of the	48717
Revised Code because schools were open for instruction but the	48718
length of the regularly scheduled learning day, for any number of	48719
days during the school year, was reduced by not more than two	48720
hours due to hazardous weather conditions.	48721

(3) Each city, exempted village, local, and joint vocational	48722
school district shall have on file, and shall pay in accordance	48723
with, a teachers' salary schedule which complies with section	48724
3317.13 of the Revised Code.	48725

(B) A school district board of education or educational	48726
service center governing board that has not conformed with other	48727
law, and the rules pursuant thereto, shall not participate in the	48728
distribution of funds authorized by this chapter, except for good	48729
and sufficient reason established to the satisfaction of the state	48730
board of education and the state controlling board.	48731

(C) All funds allocated to school districts under this	48732
chapter, except those specifically allocated for other purposes,	48733
shall be used only to pay current operating expenses or for either	48734
of the following purposes:	48735

(1) The modification or purchase of classroom space to	48736
provide all-day kindergarten as required by section 3321.05 of the	48737
Revised Code, provided the district certifies its shortage of	48738
space for providing all-day kindergarten to the department of	48739
education, in a manner specified by the department;	48740

(2) The modification or purchase of classroom space to reduce	48741
class sizes in grades kindergarten through three to attain the	48742
goal of fifteen students per core teacher, provided the district	48743
certifies its need for additional classroom space to the	48744
department, in a manner specified by the department.	48745

(D) On or before the last day of each month, the department	48746
of education shall certify to the director of budget and	48747
management for payment, for each county:	48748

(1)(a) That portion of the allocation of money under section	48749
3306.13 of the Revised Code that is required to be paid in that	48750
month to each school district located wholly within the county	48751
subsequent to the deductions described in division (D)(1)(b) of	48752
this section;	48753

(b) The amounts deducted from such allocation under sections	48754
3307.31 and 3309.51 of the Revised Code for payment directly to	48755
the school employees and state teachers retirement systems under	48756
such sections.	48757

(2) If the district is located in more than one county, an	48758
apportionment of the amounts that would otherwise be certified	48759
under division (D)(1) of this section. The amounts apportioned to	48760
the county shall equal the amounts certified under division (D)(1)	48761
of this section times the percentage of the district's resident	48762
pupils who reside both in the district and in the county, based on	48763
the average daily membership reported under division (A) of	48764
section 3317.03 of the Revised Code in October of the prior	48765
fiscal year.	48766

Sec. 3306.011. Beginning with fiscal year 2010, the payments	48767
prescribed by this chapter supersede and replace the payments	48768
described under sections 3317.012, 3317.013, 3317.014, 3317.022,	48769
3317.029, 3317.0216, 3317.0217, and 3317.16 of the Revised Code,	48770
except as otherwise provided in section 3317.018 of the Revised	48771
Code.	48772

Sec. 3306.012. The form developed by the department of	48773
education to calculate funding to a school district formerly known	48774
as the form "SF-3," on and after the effective date of this	48775
section shall be known as the "PASS form." As used in this	48776
section and any section referring to the PASS form, "PASS" is an	48777
acronym for "PAthway to Student Success." The form shall be	48778
revised as necessary to reflect payments made under this chapter	48779
and Chapter 3317. of the Revised Code and shall be available to	48780
the public in a format understandable to the average citizen.	48781

Sec. 3306.02. As used in this chapter:

48782

(A) "Adequacy amount" means the amount described in section	48783
3306.03 of the Revised Code.	48784

(B) "Building manager" means a person who supervises the	48785
administrative (non-curricular, non-instructional) functions of	48786
school operation so that a school principal can focus on	48787
supporting instruction, providing instructional leadership, and	48788
engaging teachers as part of the instructional leadership team. A	48789
building manager may be, but is not required to be, a licensed	48790
educator under section 3319.22 of the Revised Code.	48791

(C) "Career-technical education teacher" means an education	48792
professional who holds a valid license to provide specialized	48793
instruction in career and technical courses.	48794

(D)(1) "Category one special education ADM" means a school	48795
district's formula ADM of children whose primary or only	48796
identified disability is a speech and language disability, as this	48797
term is defined pursuant to Chapter 3323. of the Revised Code.	48798
Beginning in fiscal year 2010, for any school district for which	48799
formula ADM means the number verified in the previous fiscal year,	48800
the category one special education ADM also shall be as verified	48801
from the previous year.	48802

(2) "Category two special education ADM" means a school	48803
district's formula ADM of children identified as specific learning	48804
disabled or developmentally disabled, as these terms are defined	48805
pursuant to Chapter 3323. of the Revised Code, or as having an	48806
other health impairment-minor, as defined in this section.	48807
Beginning in fiscal year 2010, for any school district for which	48808
formula ADM means the number verified in the previous fiscal year,	48809
the category two special education ADM also shall be as verified	48810
from the previous year.	48811

(3) "Category three special education ADM" means a school	48812
district's formula ADM of children identified as hearing disabled	48813
or severe behavior disabled, as these terms are defined pursuant	48814
to Chapter 3323. of the Revised Code. Beginning in fiscal year	48815
2010, for any school district for which formula ADM means the	48816
number verified in the previous fiscal year, the category three	48817
special education ADM also shall be as verified from the previous	48818
year.	48819

(4) "Category four special education ADM" means a school	48820
district's formula ADM of children identified as vision impaired,	48821
as this term is defined pursuant to Chapter 3323. of the Revised	48822
Code, or as having an other health impairment-major, as defined	48823
in this section. Beginning in fiscal year 2010, for any school	48824
district for which formula ADM means the number verified in the	48825
previous fiscal year, the category four special education ADM	48826
also shall be as verified from the previous year.	48827

(5) "Category five special education ADM" means a school	48828
district's formula ADM of children identified as orthopedically	48829
disabled or as having multiple disabilities, as these terms are	48830
defined pursuant to Chapter 3323. of the Revised Code. Beginning	48831
in fiscal year 2010, for any school district for which formula	48832
ADM means the number verified in the previous fiscal year, the	48833
category five special education ADM also shall be as verified	48834
from the previous year.	48835

(6) "Category six special education ADM" means a school	48836
district's formula ADM of children identified as autistic, having	48837
traumatic brain injuries, or as both visually and hearing	48838
impaired, as these terms are defined pursuant to Chapter 3323. of	48839
the Revised Code. Beginning in fiscal year 2010, for any school	48840
district for which formula ADM means the number verified in the	48841
previous fiscal year, the category six special education ADM also	48842
shall be as verified from the previous year.	48843

(E) "Class one effective operating tax rate" of a school	48844
district means the quotient obtained by dividing the district's	48845
class one taxes charged and payable for current expenses,	48846
excluding taxes levied under sections 5705.194 to 5705.197,	48847
5705.199, 5705.213, and 5705.219 of the Revised Code, by the	48848
district's class one taxable value.	48849

(F) "Core teacher" means an education professional who	48850
provides instruction in English-language arts, mathematics,	48851
science, social studies, or foreign languages.	48852

(G) "Counselor" means a person with a valid educator license	48853
issued pursuant to section 3319.22 of the Revised Code who	48854
provides pre-college and career counseling, general academic	48855
counseling, course planning, and other counseling services that	48856
are not related to a student's individualized education plan, as	48857
defined in section 3323.01 of the Revised Code.	48858

(H)(1) "Formula ADM" means, for a city, local, or exempted	48859
village school district, the average daily membership described	48860
in division (A) of section 3317.03 of the Revised Code, as	48861
verified by the superintendent of public instruction and adjusted	48862
if so ordered under division (K) of that section, further	48863
adjusted by the department of education, as follows:	48864

(a) Count only twenty per cent of the number of joint	48865
vocational school district students counted under division (A)(3)	48866
of section 3317.03 of the Revised Code;	48867

(b) Add twenty per cent of the number of students who are	48868
entitled to attend school in the district under section 3313.64 or	48869
3313.65 of the Revised Code and are enrolled in another school	48870
district under a career-technical educational compact.	48871

(2) In making calculations under this chapter that utilize	48872
formula ADM, the department shall use the formula ADM derived from	48873
the final, verified, and adjusted average daily membership	48874
described under division (A) of section 3317.03 of the Revised	48875
Code for the prior fiscal year, unless such average daily	48876
membership for the current fiscal year exceeds that number by two	48877
per cent or more. In that case, the department shall derive the	48878
formula ADM from such average daily membership for the current	48879
fiscal year.	48880

(3) For fiscal year 2010, the department shall calculate	48881
formula ADM on the basis of the final, verified, and adjusted	48882
average daily membership, described in division (A) of the version	48883
of section 3317.03 of the Revised Code in effect on and after the	48884
effective date of this amendment, for October 2008 unless such	48885
average daily membership for October 2009 exceeds that number by	48886
two per cent or more. In that case, the department shall derive	48887
the formula ADM from such average daily membership for October	48888
2009.	48889

(I) "Gifted coordinator" means a person who holds a valid	48890
educator license issued under section 3319.22 of the Revised Code,	48891
meets the qualifications for a gifted coordinator specified in the	48892
operating standards for identifying and serving gifted students	48893
prescribed in rules adopted by the state board of education, and	48894
provides coordination services for gifted students in accordance	48895
with those standards.	48896

(J) "Gifted intervention specialist" means a person who holds	48897
a valid gifted intervention specialist license or endorsement	48898
issued under section 3319.22 of the Revised Code and serves gifted	48899
students in accordance with the operating standards for	48900
identifying and serving gifted students prescribed in rules	48901
adopted by the state board of education.	48902

(K) "Internet- or computer-based community school" has the	48903
same meaning as in section 3314.02 of the Revised Code.	48904

(L) "Lead teacher" means a teacher who provides mentoring and	48905
coaching for new teachers. A lead teacher also assists in	48906
coordinating professional development activities, in the	48907
development of professional learning communities, and in common	48908
planning time, and assists teachers in developing project-based,	48909
real-world learning activities for their students. The lead	48910
teacher position shall be a rotating position in which an	48911
individual shall serve no more than three years. After lead	48912
teacher licenses become available under section 3319.22 of the	48913
Revised Code, only teachers who hold that license shall be	48914
appointed as lead teachers. Until that time, each school district	48915
shall designate qualifications for the lead teacher position that	48916
are comparable to the licensing requirements, and shall give	48917
preference for appointment to the position to teachers who are	48918
certified by the national board for professional teaching	48919
standards or who meet the qualifications for a "master teacher"	48920
established by the educator standards board.	48921

(M) "Limited English proficiency teacher" means a person who	48922
provides instruction in English as a second language.	48923

(N) "Medically fragile child" means a child to whom all of	48924
the following apply:	48925

(1) The child requires the services of a doctor of medicine	48926
or osteopathic medicine at least once a week due to the	48927
instability of the child's medical condition.	48928

(2) The child requires the services of a registered nurse on	48929
a daily basis.	48930

(3) The child is at risk of institutionalization in a	48931
hospital, skilled nursing facility, or intermediate care facility	48932
for the mentally retarded.	48933

(O) "Ohio educational challenge factor" means an index to	48934
adjust the funding amount for each school district to account for	48935
student and community socioeconomic factors affecting teacher	48936
recruitment and retention, professional development, and other	48937
factors related to quality instruction. The Ohio educational	48938
challenge factor for each school district includes the district's	48939
college attainment rate of population, wealth per pupil, and	48940
concentration of poverty, and is listed in section 3306.051 of	48941
the Revised Code.	48942

(P) "Organizational unit" means, for the purpose of	48943
calculating a school district's adequacy amount under this	48944
chapter, a unit used to index a school district's formula ADM in	48945
certain grade levels. Calculating the number of organizational	48946
units in a school district functions to allocate the state's	48947
resources in a manner that achieves a thorough, efficient, and	48948
adequate educational system that provides the appropriate services	48949
to students enrolled in that district. In recognition of the fact	48950
that students have different educational needs at each	48951
developmental stage, organizational units group the grade levels	48952
into elementary school units, middle school units, and high school	48953
units. Except as provided in division (C) of section 3306.04 of	48954
the Revised Code, a school district's "organizational units" is	48955
the sum of its elementary school units, middle school units, and	48956
high school units.	48957

(Q) A child may be identified as having an "other health	48958
impairment-major" if the child's condition meets the definition of	48959
"other health impaired" established in rules adopted by the state	48960
board of education prior to July 1, 2001, and if either of the	48961
following apply:	48962

(1) The child is identified as having a medical condition	48963
that is among those listed by the superintendent of public	48964
instruction as conditions where a substantial majority of cases	48965
fall within the definition of "medically fragile child."	48966

(2) The child is determined by the superintendent of public	48967
instruction to be a medically fragile child. A school district may	48968
petition the superintendent of public instruction for a	48969
determination that a child is a medically fragile child.	48970

(R) A child may be identified as having an "other health	48971
impairment-minor" if the child's condition meets the definition of	48972
"other health impaired" established in rules adopted by the state	48973
board of education prior to July 1, 2001, but the child's	48974
condition does not meet either of the conditions specified in	48975
division (Q)(1) or (2) of this section.	48976

(S) "Potential value" of a school district means:

48977

(1) For a district with a class one effective operating rate	48978
that is less than twenty and one-tenth effective mills, the sum of	48979
its total taxable value plus its tax exempt value;	48980

(2) For a district with a class one effective operating rate	48981
that is greater than or equal to twenty and one-tenth effective	48982
mills, the sum of its recognized valuation plus its tax exempt	48983
value.	48984

(T) "Principal" means a person who provides management	48985
oversight of building operations, academic leadership for the	48986
teaching professionals, and other administrative duties.	48987

(U) "Property exemption value" means the amount certified for	48988
a school district under divisions (A)(6) and (7) of section	48989
3317.021 of the Revised Code.	48990

(V) "Recognized valuation" means the amount calculated for a	48991
school district pursuant to section 3317.015 of the Revised Code.	48992

(W) "School nurse wellness coordinator" means a person who	48993
has fulfilled the requirements for the issuance of a school nurse	48994
wellness coordinator license under section 3319.221 of the	48995
Revised Code.	48996

(X) "Small school district" means a city, local, or exempted	48997
village school district that has a formula ADM of less than four	48998
hundred eighteen students in grades kindergarten through twelve.	48999

(Y) "Special education" has the same meaning as in section	49000
3323.01 of the Revised Code.	49001

(Z) "Special education teacher" means a teacher who holds the	49002
necessary license issued pursuant to section 3319.22 of the	49003
Revised Code to meet the unique needs of children with	49004
disabilities.	49005

(AA) "Special education teacher's aide" means a person	49006
providing support for special education teachers and other	49007
associated duties.	49008

(BB) "Specialist teacher" means a person holding a valid	49009
educator's license, issued pursuant to section 3319.22 of the	49010
Revised Code, who provides instruction in dance, drama and	49011
theater, music, visual art, or physical education.	49012

(CC) "State share percentage" means the quotient of a school	49013
district's state share of the adequacy amount determined under	49014
section 3306.13 of the Revised Code divided by the total adequacy	49015
amount for the district as described in section 3306.03 of the	49016
Revised Code. If the quotient is a negative number, the district's	49017
state share percentage is zero.	49018

(DD) "Family and community liaisons" means individuals who	49019
provide assistance to students and their families, individuals	49020
who are linkage coordinators as described in section 3306.31 of	49021
the Revised Code, and may include individuals who hold valid	49022
licenses as family liaisons, social workers, and student	49023
advocates.	49024

(EE) "Supplemental teacher" means a person holding a valid	49025
educator license issued pursuant to section 3319.22 of the Revised	49026
Code, or qualified to secure such a license and approved by the	49027
school district to provide remedial services, intensive	49028
subject-based instruction, homework help, or other forms of	49029
supplemental instruction.	49030

(FF) "Targeted poverty indicator" means the percentage of a	49031
school district's students who are economically disadvantaged, as	49032
determined for purposes of the report card issued under section	49033
3302.03 of the Revised Code.	49034

(GG) "Tax exempt value" of a school district means the amount	49035
certified for a school district under division (A)(4) of section	49036
3317.021 of the Revised Code.	49037

(HH) "Total taxable value" means the sum of the amounts	49038
certified for a school district under divisions (A)(1) and (2) of	49039
section 3317.021 of the Revised Code.	49040

Sec. 3306.03. (A) The adequacy amount for each city, local,	49041
and exempted village school district is the sum of the following:	49042

(1) Instructional services support calculated under section	49043
3306.05 of the Revised Code;	49044

(2) Additional services support calculated under section	49045
3306.06 of the Revised Code;	49046

(3) Administrative services support calculated under section	49047
3306.07 of the Revised Code;	49048

(4) Operations and maintenance support calculated under	49049
section 3306.08 of the Revised Code;	49050

(5) Gifted education and enrichment support calculated under	49051
sections 3306.09 and 3306.091, respectively, of the Revised Code;	49052

(6) Technology resources support calculated under section	49053
3306.10 of the Revised Code;	49054

(7) The professional development factor, calculated by	49055
multiplying the sum of the school district's core teacher,	49056
specialist teacher, lead teacher, and special education teacher	49057
positions, all as calculated under sections 3306.05 and 3306.11	49058
of the Revised Code, by $1,833 in fiscal years 2010 and 2011;	49059

(8) The instructional materials factor, calculated by	49060
multiplying the school district's formula ADM by $165. The	49061
instructional materials factor for each city, local, and exempted	49062
village school district shall be adjusted by multiplying this	49063
calculated amount by 0.20 in fiscal year 2010, by 0.30 in fiscal	49064
year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in	49065
fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and	49066
2017.	49067

(B) The state share of the adequacy amount paid to each	49068
school district shall be determined under section 3306.13 of the	49069
Revised Code.	49070

(C) Funding for career-technical education teachers and	49071
career-technical education program operations shall be calculated	49072
under section 3306.052 of the Revised Code. Transportation	49073
support shall be calculated under section 3306.12 of the Revised	49074
Code. Both are in addition to the state share of the adequacy	49075
amount.	49076

Sec. 3306.04. (A) For purposes of calculating the adequacy	49077
amount for each city, local, and exempted village school district,	49078
the department of education shall calculate the number of the	49079
district's organizational units.	49080

(B) Except for a small school district, each school	49081
district's "organizational units" is the sum of its elementary	49082
school units, middle school units, and high school units, as	49083
follows:	49084

(1) The number of the district's elementary school	49085
organizational units is calculated by dividing its formula ADM for	49086
grades kindergarten to five by four hundred eighteen.	49087

(2) The number of the district's middle school organizational	49088
units is calculated by dividing its formula ADM for grades six to	49089
eight by five hundred fifty-seven.	49090

(3) The number of the district's high school organizational	49091
units is calculated by dividing its formula ADM for grades nine to	49092
twelve by seven hundred thirty-three.	49093

(C) For each small school district, the number of	49094
organizational units is one organizational unit.	49095

(D) Each school district, regardless of its formula ADM,	49096
shall have at least one organizational unit.	49097

Sec. 3306.05. (A) The instructional services support	49098
component of the adequacy amount for each city, local, and	49099
exempted village school district is the sum of the following:	49100

(1) The core teacher factor;

49101

(2) The specialist teacher factor;

49102

(3) The lead teacher factor;

49103

(4) The special education teacher factor;

49104

(5) The special education teacher's aide factor;

49105

(6) The limited English proficiency teacher factor;

49106

(7) The supplemental teacher factor.

49107

(B) Each factor listed in division (A) of this section shall	49108
be calculated by multiplying the Ohio educational challenge	49109
factor, specified for the district in section 3306.051 of the	49110
Revised Code, times the statewide base teacher salary of $56,902	49111
in fiscal year 2010 and $57,812 in fiscal year 2011, times the	49112
number of positions funded, as follows:	49113

(1) The number of core teacher positions funded shall be	49114
calculated by dividing the district's formula ADM in grades four	49115
to twelve by twenty-five, and then adding that number to the	49116
quotient of the district's formula ADM in grades kindergarten to	49117
three divided by the following:	49118

(a) In fiscal years 2010 and 2011, nineteen;

49119

(b) In fiscal years 2012 and 2013, seventeen;

49120

(c) In fiscal year 2014 and in each fiscal year thereafter,	49121
fifteen.	49122

(2) The number of specialist teacher positions funded shall	49123
be calculated by multiplying the number of core teacher positions	49124
determined under division (B)(1) of this section for grades	49125
kindergarten to eight by one-fifth, and by multiplying the number	49126
of core teacher positions determined for grades nine to twelve by	49127
one-fourth.	49128

(3) The number of lead teacher positions funded shall equal	49129
the number of the district's organizational units.	49130

(4) The number of special education teacher positions and	49131
special education teacher's aide positions funded shall be	49132
calculated as provided in section 3306.11 of the Revised Code.	49133

(5) The number of limited English proficiency teacher	49134
positions funded shall be calculated by multiplying the district's	49135
formula ADM times the district's percentage of limited English	49136
proficient students, as defined in 20 U.S.C. 7801, and then	49137
dividing that product by one hundred;	49138

(6) The number of supplemental teacher positions funded shall	49139
be calculated by multiplying the district's formula ADM times its	49140
targeted poverty indicator, and then dividing that product by one	49141
hundred.	49142

(C) Each school district shall account separately for	49143
expenditures of the amounts received for instructional services	49144
support under this section and report that information to the	49145
department of education.	49146

Sec. 3306.051. (A) The Ohio educational challenge factor is	49147
based on the following characteristics:	49148

(1) The college attainment rate of the school district's	49149
population;	49150

(2) The district's wealth per pupil, based on property	49151
valuation and federal adjusted gross income;	49152

(3) The district's concentration of poverty, based on its	49153
targeted poverty indicator.	49154

(B) The Ohio educational challenge factor for each city,	49155
local, and exempted village school district for fiscal years 2010	49156
and 2011 shall equal the following:	49157

		Educational	49158
School		Challenge	49159
District	County	Factor	49160
Ada Ex Vill SD	Hardin	1.276507	49161
Adena Local SD	Ross	1.464992	49162
Akron City SD	Summit	1.406389	49163
Alexander Local SD	Athens	1.313935	49164
Allen East Local SD	Allen	1.424432	49165
Alliance City SD	Stark	1.412775	49166
Amanda-Clearcreek Local SD	Fairfield	1.475639	49167
Amherst Ex Vill SD	Lorain	1.075260	49168
Anna Local SD	Shelby	1.145758	49169
Ansonia Local SD	Darke	1.491442	49170
Anthony Wayne Local SD	Lucas	0.967172	49171
Antwerp Local SD	Paulding	1.388847	49172
Arcadia Local SD	Hancock	1.099092	49173
Arcanum Butler Local SD	Darke	1.232531	49174
Archbold-Area Local SD	Fulton	1.061622	49175
Arlington Local SD	Hancock	1.209353	49176
Ashland City SD	Ashland	1.165340	49177
Ashtabula Area City SD	Ashtabula	1.382239	49178
Athens City SD	Athens	1.111632	49179
Aurora City SD	Portage	0.926606	49180
Austintown Local SD	Mahoning	1.199890	49181
Avon Lake City SD	Lorain	0.907126	49182
Avon Local SD	Lorain	0.956278	49183
Ayersville Local SD	Defiance	1.083115	49184
Barberton City SD	Summit	1.378977	49185
Barnesville Ex Vill SD	Belmont	1.336210	49186
Batavia Local SD	Clermont	1.237613	49187
Bath Local SD	Allen	1.162598	49188
Bay Village City SD	Cuyahoga	0.872927	49189
Beachwood City SD	Cuyahoga	0.788347	49190
Beaver Local SD	Columbiana	1.326577	49191
Beavercreek City SD	Greene	0.922944	49192
Bedford City SD	Cuyahoga	1.146404	49193
Bellaire Local SD	Belmont	1.553266	49194
Bellefontaine City SD	Logan	1.316875	49195
Bellevue City SD	Huron	1.224385	49196
Belpre City SD	Washington	1.189101	49197
Benjamin Logan Local SD	Logan	1.092906	49198
Benton Carroll Salem Local SD	Ottawa	1.064360	49199
Berea City SD	Cuyahoga	1.076406	49200
Berkshire Local SD	Geauga	1.031217	49201
Berlin-Milan Local SD	Erie	1.080029	49202
Berne Union Local SD	Fairfield	1.212285	49203
Bethel Local SD	Miami	1.042841	49204
Bethel-Tate Local SD	Clermont	1.467173	49205
Bettsville Local SD	Seneca	1.266982	49206
Bexley City SD	Franklin	0.811340	49207
Big Walnut Local SD	Delaware	0.967045	49208
Black River Local SD	Medina	1.235165	49209
Blanchester Local SD	Clinton	1.464462	49210
Bloom Carroll Local SD	Fairfield	1.019268	49211
Bloomfield-Mespo Local SD	Trumbull	1.242742	49212
Bloom-Vernon Local SD	Scioto	1.550611	49213
Bluffton Ex Vill SD	Allen	1.110535	49214
Boardman Local SD	Mahoning	1.059697	49215
Botkins Local SD	Shelby	1.160687	49216
Bowling Green City SD	Wood	0.994699	49217
Bradford Ex Vill SD	Miami	1.501180	49218
Brecksville-Broadview Hts City SD	Cuyahoga	0.907332	49219
Bridgeport Ex Vill SD	Belmont	1.400416	49220
Bright Local SD	Highland	1.514786	49221
Bristol Local SD	Trumbull	1.311147	49222
Brookfield Local SD	Trumbull	1.254722	49223
Brooklyn City SD	Cuyahoga	1.095906	49224
Brookville Local SD	Montgomery	1.117308	49225
Brown Local SD	Carroll	1.200260	49226
Brunswick City SD	Medina	1.070900	49227
Bryan City SD	Williams	1.147033	49228
Buckeye Central Local SD	Crawford	1.318612	49229
Buckeye Local SD	Ashtabula	1.205162	49230
Buckeye Local SD	Jefferson	1.289405	49231
Buckeye Local SD	Medina	1.045651	49232
Buckeye Valley Local SD	Delaware	1.000444	49233
Bucyrus City SD	Crawford	1.523808	49234
Caldwell Ex Vill SD	Noble	1.326424	49235
Cambridge City SD	Guernsey	1.499755	49236
Campbell City SD	Mahoning	1.595858	49237
Canal Winchester Local SD	Franklin	1.106260	49238
Canfield Local SD	Mahoning	0.947954	49239
Canton City SD	Stark	1.585014	49240
Canton Local SD	Stark	1.232137	49241
Cardinal Local SD	Geauga	1.108513	49242
Cardington-Lincoln Local SD	Morrow	1.470847	49243
Carey Ex Vill SD	Wyandot	1.236865	49244
Carlisle Local SD	Warren	1.238244	49245
Carrollton Ex Vill SD	Carroll	1.267127	49246
Cedar Cliff Local SD	Greene	1.196668	49247
Celina City SD	Mercer	1.175680	49248
Centerburg Local SD	Knox	1.226160	49249
Centerville City SD	Montgomery	0.874900	49250
Central Local SD	Defiance	1.471967	49251
Chagrin Falls Ex Vill SD	Cuyahoga	0.773955	49252
Champion Local SD	Trumbull	1.138977	49253
Chardon Local SD	Geauga	0.970334	49254
Chesapeake Union Ex Vill SD	Lawrence	1.588621	49255
Chillicothe City SD	Ross	1.213102	49256
Chippewa Local SD	Wayne	1.085963	49257
Cincinnati City SD	Hamilton	1.160152	49258
Circleville City SD	Pickaway	1.242114	49259
Clark-Shawnee Local SD	Clark	1.060460	49260
Clay Local SD	Scioto	1.438160	49261
Claymont City SD	Tuscarawas	1.549650	49262
Clear Fork Valley Local SD	Richland	1.313111	49263
Clearview Local SD	Lorain	1.541988	49264
Clermont-Northeastern Local SD	Clermont	1.156191	49265
Cleveland Hts-Univ Hts City SD	Cuyahoga	1.034050	49266
Cleveland Municipal SD	Cuyahoga	1.591903	49267
Clinton-Massie Local SD	Clinton	1.133361	49268
Cloverleaf Local SD	Medina	1.075321	49269
Clyde-Green Springs Ex Vill SD	Sandusky	1.316544	49270
Coldwater Ex Vill SD	Mercer	1.379071	49271
College Corner Local SD	Preble	1.316130	49272
Colonel Crawford Local SD	Crawford	1.091023	49273
Columbia Local SD	Lorain	1.030821	49274
Columbiana Ex Vill SD	Columbiana	1.137881	49275
Columbus City SD	Franklin	1.266133	49276
Columbus Grove Local SD	Putnam	1.244911	49277
Conneaut Area City SD	Ashtabula	1.525711	49278
Conotton Valley Union Local SD	Harrison	1.345678	49279
Continental Local SD	Putnam	1.396089	49280
Copley-Fairlawn City SD	Summit	0.909191	49281
Cory-Rawson Local SD	Hancock	1.146248	49282
Coshocton City SD	Coshocton	1.385980	49283
Coventry Local SD	Summit	1.095527	49284
Covington Ex Vill SD	Miami	1.157932	49285
Crestline Ex Vill SD	Crawford	1.374339	49286
Crestview Local SD	Columbiana	1.310088	49287
Crestview Local SD	Richland	1.481045	49288
Crestview Local SD	Van Wert	1.373754	49289
Crestwood Local SD	Portage	1.129538	49290
Crooksville Ex Vill SD	Perry	1.573427	49291
Cuyahoga Falls City SD	Summit	1.094856	49292
Cuyahoga Heights Local SD	Cuyahoga	0.898436	49293
Dalton Local SD	Wayne	1.092859	49294
Danbury Local SD	Ottawa	0.971857	49295
Danville Local SD	Knox	1.494103	49296
Dawson-Bryant Local SD	Lawrence	1.648169	49297
Dayton City SD	Montgomery	1.448163	49298
Deer Park Community City SD	Hamilton	1.020600	49299
Defiance City SD	Defiance	1.325040	49300
Delaware City SD	Delaware	1.113757	49301
Delphos City SD	Allen	1.157538	49302
Dover City SD	Tuscarawas	1.140054	49303
Dublin City SD	Franklin	0.867517	49304
East Cleveland City SD	Cuyahoga	1.581708	49305
East Clinton Local SD	Clinton	1.462780	49306
East Guernsey Local SD	Guernsey	1.515285	49307
East Holmes Local SD	Holmes	1.139627	49308
East Knox Local SD	Knox	1.155805	49309
East Liverpool City SD	Columbiana	1.590185	49310
East Muskingum Local SD	Muskingum	1.207660	49311
East Palestine City SD	Columbiana	1.344973	49312
Eastern Local SD	Brown	1.331577	49313
Eastern Local SD	Meigs	1.512415	49314
Eastern Local SD	Pike	1.581268	49315
Eastwood Local SD	Wood	1.126743	49316
Eaton Community Schools City SD	Preble	1.136722	49317
Edgerton Local SD	Williams	1.306016	49318
Edgewood City SD	Butler	1.233147	49319
Edison Local SD	Jefferson	1.199355	49320
Edon-Northwest Local SD	Williams	1.318268	49321
Elgin Local SD	Marion	1.333351	49322
Elida Local SD	Allen	1.174016	49323
Elmwood Local SD	Wood	1.457047	49324
Elyria City SD	Lorain	1.284154	49325
Euclid City SD	Cuyahoga	1.257378	49326
Evergreen Local SD	Fulton	1.132215	49327
Fairbanks Local SD	Union	1.029919	49328
Fairborn City SD	Greene	1.169324	49329
Fairfield City SD	Butler	1.120999	49330
Fairfield Local SD	Highland	1.476728	49331
Fairfield Union Local SD	Fairfield	1.305113	49332
Fairland Local SD	Lawrence	1.298842	49333
Fairlawn Local SD	Shelby	1.450135	49334
Fairless Local SD	Stark	1.342312	49335
Fairport Harbor Ex Vill SD	Lake	1.074627	49336
Fairview Park City SD	Cuyahoga	0.917044	49337
Fayetteville-Perry Local SD	Brown	1.232747	49338
Federal Hocking Local SD	Athens	1.504926	49339
Felicity-Franklin Local SD	Clermont	1.545885	49340
Field Local SD	Portage	1.063508	49341
Findlay City SD	Hancock	1.134799	49342
Finneytown Local SD	Hamilton	1.067569	49343
Firelands Local SD	Lorain	1.084064	49344
Forest Hills Local SD	Hamilton	0.918825	49345
Fort Frye Local SD	Washington	1.247229	49346
Fort Loramie Local SD	Shelby	1.228727	49347
Fort Recovery Local SD	Mercer	1.390459	49348
Fostoria City SD	Seneca	1.398532	49349
Franklin City SD	Warren	1.181691	49350
Franklin Local SD	Muskingum	1.516304	49351
Franklin-Monroe Local SD	Darke	1.155467	49352
Fredericktown Local SD	Knox	1.206674	49353
Fremont City SD	Sandusky	1.222520	49354
Frontier Local SD	Washington	1.548391	49355
Gahanna-Jefferson City SD	Franklin	0.937449	49356
Galion City SD	Crawford	1.340599	49357
Gallia County Local SD	Gallia	1.180183	49358
Gallipolis City SD	Gallia	1.309992	49359
Garaway Local SD	Tuscarawas	1.168729	49360
Garfield Heights City SD	Cuyahoga	1.275039	49361
Geneva Area City SD	Ashtabula	1.241353	49362
Genoa Area Local SD	Ottawa	1.144052	49363
Georgetown Ex Vill SD	Brown	1.330521	49364
Gibsonburg Ex Vill SD	Sandusky	1.447493	49365
Girard City SD	Trumbull	1.331051	49366
Gorham Fayette Local SD	Fulton	1.474052	49367
Goshen Local SD	Clermont	1.330935	49368
Graham Local SD	Champaign	1.232041	49369
Grand Valley Local SD	Ashtabula	1.254268	49370
Grandview Heights City SD	Franklin	0.884845	49371
Granville Ex Vill SD	Licking	0.945199	49372
Green Local SD	Scioto	1.368399	49373
Green Local SD	Summit	1.028315	49374
Green Local SD	Wayne	1.206381	49375
Greeneview Local SD	Greene	1.148655	49376
Greenfield Ex Vill SD	Highland	1.511212	49377
Greenon Local SD	Clark	1.063320	49378
Greenville City SD	Darke	1.182750	49379
Groveport Madison Local SD	Franklin	1.237531	49380
Hamilton City SD	Butler	1.370018	49381
Hamilton Local SD	Franklin	1.517435	49382
Hardin Northern Local SD	Hardin	1.241016	49383
Hardin-Houston Local SD	Shelby	1.235363	49384
Harrison Hills City SD	Harrison	1.285541	49385
Heath City SD	Licking	1.159649	49386
Hicksville Ex Vill SD	Defiance	1.451150	49387
Highland Local SD	Medina	0.966108	49388
Highland Local SD	Morrow	1.319540	49389
Hilliard City SD	Franklin	0.985085	49390
Hillsboro City SD	Highland	1.326287	49391
Hillsdale Local SD	Ashland	1.192263	49392
Holgate Local SD	Henry	1.480580	49393
Hopewell-Loudon Local SD	Seneca	1.094095	49394
Howland Local SD	Trumbull	0.997232	49395
Hubbard Ex Vill SD	Trumbull	1.217366	49396
Huber Heights City SD	Montgomery	1.189895	49397
Hudson Local SD	Summit	0.867982	49398
Huntington Local SD	Ross	1.563988	49399
Huron City SD	Erie	0.953062	49400
Independence Local SD	Cuyahoga	0.877361	49401
Indian Creek Local SD	Jefferson	1.194894	49402
Indian Hill Ex Vill SD	Hamilton	0.769421	49403
Indian Lake Local SD	Logan	1.177268	49404
Indian Valley Local SD	Tuscarawas	1.490431	49405
Ironton City SD	Lawrence	1.372550	49406
Jackson Center Local SD	Shelby	1.222754	49407
Jackson City SD	Jackson	1.339235	49408
Jackson Local SD	Stark	0.936952	49409
Jackson-Milton Local SD	Mahoning	1.120098	49410
James A Garfield Local SD	Portage	1.221108	49411
Jefferson Area Local SD	Ashtabula	1.231486	49412
Jefferson Local SD	Madison	1.217465	49413
Jefferson Township Local SD	Montgomery	1.349631	49414
Jennings Local SD	Putnam	1.233214	49415
Johnstown-Monroe Local SD	Licking	1.068628	49416
Jonathan Alder Local SD	Madison	1.087918	49417
Joseph Badger Local SD	Trumbull	1.217508	49418
Kalida Local SD	Putnam	1.134357	49419
Kelleys Island Local SD	Erie	0.897093	49420
Kenston Local SD	Geauga	0.888370	49421
Kent City SD	Portage	1.292091	49422
Kenton City SD	Hardin	1.341240	49423
Kettering City SD	Montgomery	1.039020	49424
Keystone Local SD	Lorain	1.095731	49425
Kings Local SD	Warren	0.944617	49426
Kirtland Local SD	Lake	0.869122	49427
La Brae Local SD	Trumbull	1.509648	49428
Lake Local SD	Stark	1.105350	49429
Lake Local SD	Wood	1.092732	49430
Lakeview Local SD	Trumbull	1.050113	49431
Lakewood City SD	Cuyahoga	1.082658	49432
Lakewood Local SD	Licking	1.161169	49433
Lakota Local SD	Butler	0.991612	49434
Lakota Local SD	Sandusky	1.334058	49435
Lancaster City SD	Fairfield	1.181921	49436
Lebanon City SD	Warren	1.057278	49437
Ledgemont Local SD	Geauga	1.089874	49438
Leetonia Ex Vill SD	Columbiana	1.492636	49439
Leipsic Local SD	Putnam	1.358612	49440
Lexington Local SD	Richland	1.055083	49441
Liberty Benton Local SD	Hancock	1.100796	49442
Liberty Center Local SD	Henry	1.243394	49443
Liberty Local SD	Trumbull	1.143199	49444
Liberty Union-Thurston Local SD	Fairfield	1.153214	49445
Licking Heights Local SD	Licking	1.099699	49446
Licking Valley Local SD	Licking	1.315180	49447
Lima City SD	Allen	1.609824	49448
Lincolnview Local SD	Van Wert	1.304841	49449
Lisbon Ex Vill SD	Columbiana	1.485931	49450
Little Miami Local SD	Warren	1.000131	49451
Lockland City SD	Hamilton	1.263116	49452
Logan Elm Local SD	Pickaway	1.144691	49453
Logan-Hocking Local SD	Hocking	1.351308	49454
London City SD	Madison	1.168705	49455
Lorain City SD	Lorain	1.606260	49456
Lordstown Local SD	Trumbull	1.028907	49457
Loudonville-Perrysville Ex Vill SD	Ashland	1.239646	49458
Louisville City SD	Stark	1.145913	49459
Loveland City SD	Hamilton	0.952906	49460
Lowellville Local SD	Mahoning	1.444465	49461
Lucas Local SD	Richland	1.148773	49462
Lynchburg-Clay Local SD	Highland	1.487133	49463
Mad River Local SD	Montgomery	1.516797	49464
Madeira City SD	Hamilton	0.902798	49465
Madison Local SD	Butler	1.149365	49466
Madison Local SD	Lake	1.210499	49467
Madison Local SD	Richland	1.260875	49468
Madison-Plains Local SD	Madison	1.111244	49469
Manchester Local SD	Summit	1.072196	49470
Manchester Local SD	Adams	1.093117	49471
Mansfield City SD	Richland	1.413073	49472
Maple Heights City SD	Cuyahoga	1.369670	49473
Mapleton Local SD	Ashland	1.244822	49474
Maplewood Local SD	Trumbull	1.306471	49475
Margaretta Local SD	Erie	1.101795	49476
Mariemont City SD	Hamilton	0.888848	49477
Marietta City SD	Washington	1.142004	49478
Marion City SD	Marion	1.561608	49479
Marion Local SD	Mercer	1.395959	49480
Marlington Local SD	Stark	1.198789	49481
Martins Ferry City SD	Belmont	1.598533	49482
Marysville Ex Vill SD	Union	1.084320	49483
Mason City SD	Warren	0.992155	49484
Massillon City SD	Stark	1.355745	49485
Mathews Local SD	Trumbull	1.030473	49486
Maumee City SD	Lucas	0.996440	49487
Mayfield City SD	Cuyahoga	0.851001	49488
Maysville Local SD	Muskingum	1.517598	49489
McComb Local SD	Hancock	1.301153	49490
McDonald Local SD	Trumbull	1.429212	49491
Mechanicsburg Ex Vill SD	Champaign	1.243229	49492
Medina City SD	Medina	1.005089	49493
Meigs Local SD	Meigs	1.584300	49494
Mentor Ex Vill SD	Lake	0.964461	49495
Miami East Local SD	Miami	1.121995	49496
Miami Trace Local SD	Fayette	1.228492	49497
Miamisburg City SD	Montgomery	1.114930	49498
Middletown City SD	Butler	1.257163	49499
Midview Local SD	Lorain	1.092786	49500
Milford Ex Vill SD	Clermont	1.018109	49501
Millcreek-West Unity Local SD	Williams	1.351879	49502
Miller City-New Cleveland Local SD	Putnam	1.379562	49503
Milton-Union Ex Vill SD	Miami	1.221554	49504
Minerva Local SD	Stark	1.326538	49505
Minford Local SD	Scioto	1.509434	49506
Minster Local SD	Auglaize	1.068103	49507
Mississinawa Valley Local SD	Darke	1.517760	49508
Mogadore Local SD	Summit	1.115527	49509
Mohawk Local SD	Wyandot	1.149449	49510
Monroe Local SD	Butler	0.988156	49511
Monroeville Local SD	Huron	1.105963	49512
Montpelier Ex Vill SD	Williams	1.484169	49513
Morgan Local SD	Morgan	1.515632	49514
Mount Gilead Ex Vill SD	Morrow	1.303456	49515
Mount Healthy City SD	Hamilton	1.385527	49516
Mount Vernon City SD	Knox	1.222667	49517
Napoleon City SD	Henry	1.219862	49518
National Trail Local SD	Preble	1.337309	49519
Nelsonville-York City SD	Athens	1.554619	49520
New Albany-Plain Local SD	Franklin	0.863212	49521
New Boston Local SD	Scioto	1.589690	49522
New Bremen Local SD	Auglaize	1.127253	49523
New Knoxville Local SD	Auglaize	1.217764	49524
New Lebanon Local SD	Montgomery	1.462491	49525
New Lexington City SD	Perry	1.545076	49526
New London Local SD	Huron	1.474130	49527
New Miami Local SD	Butler	1.573547	49528
New Philadelphia City SD	Tuscarawas	1.184127	49529
New Richmond Ex Vill SD	Clermont	1.121137	49530
New Riegel Local SD	Seneca	1.393211	49531
Newark City SD	Licking	1.252280	49532
Newbury Local SD	Geauga	0.944732	49533
Newcomerstown Ex Vill SD	Tuscarawas	1.529126	49534
Newton Falls Ex Vill SD	Trumbull	1.313730	49535
Newton Local SD	Miami	1.224466	49536
Niles City SD	Trumbull	1.334003	49537
Noble Local SD	Noble	1.480889	49538
Nordonia Hills City SD	Summit	0.934080	49539
North Baltimore Local SD	Wood	1.308125	49540
North Canton City SD	Stark	1.003775	49541
North Central Local SD	Wayne	1.223714	49542
North Central Local SD	Williams	1.324444	49543
North College Hill City SD	Hamilton	1.379521	49544
North Fork Local SD	Licking	1.226601	49545
North Olmsted City SD	Cuyahoga	1.055678	49546
North Ridgeville City SD	Lorain	1.035395	49547
North Royalton City SD	Cuyahoga	0.943948	49548
North Union Local SD	Union	1.325953	49549
Northeastern Local SD	Clark	1.119356	49550
Northeastern Local SD	Defiance	1.078723	49551
Northern Local SD	Perry	1.254464	49552
Northmont City SD	Montgomery	1.099334	49553
Northmor Local SD	Morrow	1.234469	49554
Northridge Local SD	Licking	1.112137	49555
Northridge Local SD	Montgomery	1.313654	49556
Northwest Local SD	Hamilton	1.097477	49557
Northwest Local SD	Scioto	1.585245	49558
Northwest Local SD	Stark	1.188706	49559
Northwestern Local SD	Clark	1.124065	49560
Northwestern Local SD	Wayne	1.480021	49561
Northwood Local SD	Wood	1.172657	49562
Norton City SD	Summit	1.077363	49563
Norwalk City SD	Huron	1.238518	49564
Norwood City SD	Hamilton	1.203977	49565
Oak Hill Union Local SD	Jackson	1.517445	49566
Oak Hills Local SD	Hamilton	1.009889	49567
Oakwood City SD	Montgomery	0.888026	49568
Oberlin City SD	Lorain	1.151305	49569
Ohio Valley Local SD	Adams	1.546394	49570
Old Fort Local SD	Seneca	1.154292	49571
Olentangy Local SD	Delaware	0.873909	49572
Olmsted Falls City SD	Cuyahoga	1.034716	49573
Ontario Local SD	Richland	1.017660	49574
Orange City SD	Cuyahoga	0.767949	49575
Oregon City SD	Lucas	1.149614	49576
Orrville City SD	Wayne	1.220908	49577
Osnaburg Local SD	Stark	1.161056	49578
Otsego Local SD	Wood	1.085754	49579
Ottawa Hills Local SD	Lucas	0.807704	49580
Ottawa-Glandorf Local SD	Putnam	1.129901	49581
Ottoville Local SD	Putnam	1.155937	49582
Painsville City Local SD	Lake	1.576006	49583
Painsville Township Local SD	Lake	0.979713	49584
Paint Valley Local SD	Ross	1.511112	49585
Pandora-Gilboa Local SD	Putnam	1.207508	49586
Parkway Local SD	Mercer	1.451914	49587
Parma City SD	Cuyahoga	1.096590	49588
Patrick Henry Local SD	Henry	1.314110	49589
Paulding Ex Vill SD	Paulding	1.316904	49590
Perkins Local SD	Erie	1.006525	49591
Perry Local SD	Allen	1.252464	49592
Perry Local SD	Lake	1.014880	49593
Perry Local SD	Stark	1.155570	49594
Perrysburg Ex Vill SD	Wood	0.941179	49595
Pettisville Local SD	Fulton	1.215972	49596
Pickerington Local SD	Fairfield	1.078034	49597
Pike-Delta-York Local SD	Fulton	1.225338	49598
Piqua City SD	Miami	1.252751	49599
Plain Local SD	Stark	1.101022	49600
Pleasant Local SD	Marion	1.066006	49601
Plymouth-Shiloh Local SD	Richland	1.539933	49602
Poland Local SD	Mahoning	0.976878	49603
Port Clinton City SD	Ottawa	1.045171	49604
Portsmouth City SD	Scioto	1.560445	49605
Preble-Shawnee Local SD	Preble	1.253492	49606
Princeton City SD	Hamilton	0.989700	49607
Put-In-Bay Local SD	Ottawa	0.870887	49608
Pymatuning Valley Local SD	Ashtabula	1.357539	49609
Ravenna City SD	Portage	1.258270	49610
Reading Community City SD	Hamilton	1.138957	49611
Revere Local SD	Summit	0.811916	49612
Reynoldsburg City SD	Franklin	1.185729	49613
Richmond Heights Local SD	Cuyahoga	0.988219	49614
Ridgedale Local SD	Marion	1.232091	49615
Ridgemont Local SD	Hardin	1.315320	49616
Ridgewood Local SD	Coshocton	1.499377	49617
Ripley-Union-Lewis Local SD	Brown	1.518737	49618
Rittman Ex Vill SD	Wayne	1.341158	49619
River Valley Local SD	Marion	1.144948	49620
River View Local SD	Coshocton	1.255718	49621
Riverdale Local SD	Hardin	1.463411	49622
Riverside Local SD	Logan	1.477936	49623
Rock Hill Local SD	Lawrence	1.590768	49624
Rocky River City SD	Cuyahoga	0.840017	49625
Rolling Hills Local SD	Guernsey	1.513489	49626
Rootstown Local SD	Portage	1.084884	49627
Ross Local SD	Butler	1.128779	49628
Rossford Ex Vill SD	Wood	1.080899	49629
Russia Local SD	Shelby	1.374251	49630
Salem City SD	Columbiana	1.180687	49631
Sandusky City SD	Erie	1.300930	49632
Sandy Valley Local SD	Stark	1.331965	49633
Scioto Valley Local SD	Pike	1.526714	49634
Sebring Local SD	Mahoning	1.501056	49635
Seneca East Local SD	Seneca	1.233540	49636
Shadyside Local SD	Belmont	1.206383	49637
Shaker Heights City SD	Cuyahoga	0.930871	49638
Shawnee Local SD	Allen	1.008274	49639
Sheffield-Sheffield Lake City SD	Lorain	1.122898	49640
Shelby City SD	Richland	1.248437	49641
Sidney City SD	Shelby	1.240389	49642
Solon City SD	Cuyahoga	0.895529	49643
South Central Local SD	Huron	1.497606	49644
South Euclid-Lyndhurst City SD	Cuyahoga	1.002369	49645
South Point Local SD	Lawrence	1.517360	49646
South Range Local SD	Mahoning	1.076772	49647
Southeast Local SD	Portage	1.237090	49648
Southeast Local SD	Wayne	1.180842	49649
Southeastern Local SD	Clark	1.160870	49650
Southeastern Local SD	Ross	1.513790	49651
Southern Local SD	Columbiana	1.537098	49652
Southern Local SD	Meigs	1.547346	49653
Southern Local SD	Perry	1.600707	49654
Southington Local SD	Trumbull	1.160291	49655
Southwest Licking Local SD	Licking	1.065949	49656
Southwest Local SD	Hamilton	1.093489	49657
South-Western City SD	Franklin	1.265187	49658
Spencerville Local SD	Allen	1.301749	49659
Springboro Community City SD	Warren	0.960788	49660
Springfield City SD	Clark	1.552526	49661
Springfield Local SD	Lucas	1.056764	49662
Springfield Local SD	Mahoning	1.192990	49663
Springfield Local SD	Summit	1.196328	49664
St Bernard-Elmwood Place City SD	Hamilton	1.248092	49665
St Clairsville-Richland City SD	Belmont	1.150841	49666
St Henry Consolidated Local SD	Mercer	1.382949	49667
St Marys City SD	Auglaize	1.150444	49668
Steubenville City SD	Jefferson	1.365647	49669
Stow-Munroe Falls City SD	Summit	0.974464	49670
Strasburg-Franklin Local SD	Tuscarawas	1.147256	49671
Streetsboro City SD	Portage	1.023340	49672
Strongsville City SD	Cuyahoga	0.942379	49673
Struthers City SD	Mahoning	1.530919	49674
Stryker Local SD	Williams	1.237584	49675
Sugarcreek Local SD	Greene	0.946787	49676
Swanton Local SD	Fulton	1.077057	49677
Switzerland Of Ohio Local SD	Monroe	1.363501	49678
Sycamore Community City SD	Hamilton	0.805157	49679
Sylvania City SD	Lucas	0.919772	49680
Symmes Valley Local SD	Lawrence	1.554601	49681
Talawanda City SD	Butler	1.090290	49682
Tallmadge City SD	Summit	1.039240	49683
Teays Valley Local SD	Pickaway	1.231537	49684
Tecumseh Local SD	Clark	1.318724	49685
Three Rivers Local SD	Hamilton	0.992195	49686
Tiffin City SD	Seneca	1.200469	49687
Tipp City Ex Vill SD	Miami	1.056646	49688
Toledo City SD	Lucas	1.362225	49689
Toronto City SD	Jefferson	1.279649	49690
Triad Local SD	Champaign	1.247663	49691
Tri-County North Local SD	Preble	1.220510	49692
Trimble Local SD	Athens	1.608740	49693
Tri-Valley Local SD	Muskingum	1.302648	49694
Tri-Village Local SD	Darke	1.253812	49695
Triway Local SD	Wayne	1.201400	49696
Trotwood-Madison City SD	Montgomery	1.536714	49697
Troy City SD	Miami	1.128451	49698
Tuscarawas Valley Local SD	Tuscarawas	1.133251	49699
Tuslaw Local SD	Stark	1.149109	49700
Twin Valley Community Local SD	Preble	1.226702	49701
Twinsburg City SD	Summit	0.954737	49702
Union Local SD	Belmont	1.472803	49703
Union Scioto Local SD	Ross	1.459022	49704
United Local SD	Columbiana	1.456646	49705
Upper Arlington City SD	Franklin	0.763445	49706
Upper Sandusky Ex Vill SD	Wyandot	1.211886	49707
Upper Scioto Valley Local SD	Hardin	1.481493	49708
Urbana City SD	Champaign	1.245402	49709
Valley Local SD	Scioto	1.556395	49710
Valley View Local SD	Montgomery	1.134885	49711
Van Buren Local SD	Hancock	0.986475	49712
Van Wert City SD	Van Wert	1.302853	49713
Vandalia-Butler City SD	Montgomery	0.982917	49714
Vanlue Local SD	Hancock	1.225490	49715
Vermilion Local SD	Erie	1.101326	49716
Versailles Ex Vill SD	Darke	1.234253	49717
Vinton County Local SD	Vinton	1.581898	49718
Wadsworth City SD	Medina	1.221864	49719
Walnut Township Local SD	Fairfield	1.169550	49720
Wapakoneta City SD	Auglaize	1.218209	49721
Warren City SD	Trumbull	1.557959	49722
Warren Local SD	Washington	1.298018	49723
Warrensville Heights City SD	Cuyahoga	1.261012	49724
Washington Court House City SD	Fayette	1.333465	49725
Washington Local SD	Lucas	1.172637	49726
Washington-Nile Local SD	Scioto	1.547444	49727
Waterloo Local SD	Portage	1.150614	49728
Wauseon Ex Vill SD	Fulton	1.299620	49729
Waverly City SD	Pike	1.469624	49730
Wayne Local SD	Warren	1.056943	49731
Wayne Trace Local SD	Paulding	1.323577	49732
Waynesfield-Goshen Local SD	Auglaize	1.402136	49733
Weathersfield Local SD	Trumbull	1.207306	49734
Wellington Ex Vill SD	Lorain	1.219534	49735
Wellston City SD	Jackson	1.550848	49736
Wellsville Local SD	Columbiana	1.568998	49737
West Branch Local SD	Mahoning	1.297805	49738
West Carrollton City SD	Montgomery	1.220862	49739
West Clermont Local SD	Clermont	1.059095	49740
West Geauga Local SD	Geauga	0.858500	49741
West Holmes Local SD	Holmes	1.243758	49742
West Liberty-Salem Local SD	Champaign	1.221358	49743
West Muskingum Local SD	Muskingum	1.138872	49744
Western Brown Local SD	Brown	1.508565	49745
Western Local SD	Pike	1.616394	49746
Western Reserve Local SD	Huron	1.309909	49747
Western Reserve Local SD	Mahoning	1.091041	49748
Westerville City SD	Franklin	0.963748	49749
Westfall Local SD	Pickaway	1.311966	49750
Westlake City SD	Cuyahoga	0.820277	49751
Wheelersburg Local SD	Scioto	1.305562	49752
Whitehall City SD	Franklin	1.402068	49753
Wickliffe City SD	Lake	0.994269	49754
Willard City SD	Huron	1.358778	49755
Williamsburg Local SD	Clermont	1.225041	49756
Willoughby-Eastlake City SD	Lake	1.069333	49757
Wilmington City SD	Clinton	1.169459	49758
Windham Ex Vill SD	Portage	1.584385	49759
Winton Woods City SD	Hamilton	1.120204	49760
Wolf Creek Local SD	Washington	1.158506	49761
Woodmore Local SD	Sandusky	1.082991	49762
Woodridge Local SD	Summit	0.956249	49763
Wooster City SD	Wayne	1.128544	49764
Worthington City SD	Franklin	0.896897	49765
Wynford Local SD	Crawford	1.300946	49766
Wyoming City SD	Hamilton	0.871194	49767
Xenia Community City SD	Greene	1.223093	49768
Yellow Springs Ex Vill SD	Greene	0.955678	49769
Youngstown City SD	Mahoning	1.634946	49770
Zane Trace Local SD	Ross	1.222296	49771
Zanesville City SD	Muskingum	1.389095	49772

Sec. 3306.052. Each city, local, and exempted village school	49774
district shall receive funding for career-technical education	49775
teachers and career-technical education program operations for	49776
fiscal years 2010 and 2011 as follows:	49777

(A) For fiscal year 2010, each district shall receive an	49778
amount equal to the amount the district received for fiscal year	49779
2009 under division (E) of section 3317.022 of the Revised Code,	49780
as that section existed for that fiscal year, times 1.0075.	49781

(B) For fiscal year 2011, each district shall receive an	49782
amount equal to the amount the district received for fiscal year	49783
2010 under division (A) of this section times 1.0075.	49784

Each school district that receives funds under this section	49785
shall spend the funds only for purposes the department of	49786
education designates as approved for vocational education	49787
expenses. Vocational education expenses approved by the department	49788
shall include only expenses connected to the delivery of	49789
career-technical programming to students enrolled in	49790
state-approved career-technical programs. The department shall	49791
require each school district to report data annually so that the	49792
department may monitor the district's compliance with the	49793
requirements regarding the manner in which funding received under	49794
this section may be spent.	49795

Sec. 3306.06. (A) The additional services support component	49796
of the adequacy amount for each city, local, and exempted village	49797
school district is the sum of the following:	49798

(1) The family and community liaison factor;

49799

(2) The counselor factor;

49800

(3) The summer remediation factor;

49801

(4) The school nurse wellness coordinator factor;

49802

(5) The district health professional factor.

49803

(B)(1) The family and community liaison factor shall be	49804
calculated by multiplying the school district's formula ADM times	49805
its targeted poverty indicator and dividing the product by	49806
seventy-five, and then multiplying the quotient by the product of	49807
the applicable Ohio educational challenge factor times $38,633,	49808
in fiscal year 2010, and times $39,381, in fiscal year 2011.	49809

(2) The counselor factor shall be calculated by dividing the	49810
district's formula ADM for grades six to twelve by two hundred	49811
fifty, and then multiplying the quotient by a dollar amount for	49812
each fiscal year established by law. No counselor factor shall	49813
be calculated and paid for fiscal years 2010 and 2011.	49814

(3) The summer remediation program factor shall be calculated	49815
by multiplying the district's formula ADM times its targeted	49816
poverty indicator times fifty per cent, which represents the	49817
anticipated participation rate, dividing that product by thirty,	49818
which is the assumed student-to-teacher ratio for summer	49819
remediation, and multiplying that quotient by the product of	49820
$3,000 times the applicable Ohio educational challenge factor.	49821

(4) The school nurse wellness coordinator factor shall be	49822
calculated by multiplying the number of the district's	49823
organizational units times a dollar amount for each fiscal year	49824
established by law, except that in a small school district, the	49825
school nurse wellness coordinator factor shall be zero. No school	49826
nurse wellness coordinator factor shall be calculated and paid for	49827
fiscal years 2010 and 2011.	49828

(5) The district health professional factor for each district	49829
equals a dollar amount specified by law for each fiscal year. No	49830
district health professional factor shall be calculated and paid	49831
for fiscal years 2010 and 2011.	49832

(C) In adopting expenditure and reporting standards under	49833
section 3306.25 of the Revised Code, the superintendent of public	49834
instruction shall include standards that encourage school	49835
districts to give preference to employing or obtaining the	49836
services of licensed school nurses with funds received for the	49837
school nurse wellness coordinator factor and the district health	49838
professional factor.	49839

(D) Each school district shall account separately for	49840
expenditures of the amounts received for additional services	49841
support under this section and report that information to the	49842
department of education.	49843

Sec. 3306.07. (A) The administrative services support	49844
component of the adequacy amount for each city, local, and	49845
exempted village school district is the sum of the following:	49846

(1) The district administration factor;

49847

(2) The principal factor;

49848

(3) The administrative support personnel factor;

49849

(B)(1) The district administration factor equals $187,176 in	49850
fiscal year 2010 and $190,801 in fiscal year 2011.	49851

(2) The principal factor shall be calculated by multiplying	49852
the number of the district's organizational units times $89,563 in	49853
fiscal year 2010 and $91,297 in fiscal year 2011. However, each	49854
type 1 or type 2 school district shall receive for a principal	49855
factor an amount not less than the applicable dollar amount	49856
specified in this paragraph times the number of school buildings	49857
in the district for which the department of education issued a	49858
report card under section 3302.03 of the Revised Code for the	49859
prior school year. As used in this division, "type 1 school	49860
district" means a school district characterized as a type 1	49861
(rural/agricultural, high poverty, low median income) district,	49862
and "type 2 school district" means a school district characterized	49863
as a type 2 (rural/agricultural, small student population, low	49864
poverty, low to moderate median income), in the typology of	49865
districts published by the department in July 2007.	49866

(3) The administrative support personnel factor is funding	49867
determined for building managers, secretaries, and	49868
noninstructional aides.	49869

(a) The funding for building managers shall be calculated by	49870
multiplying $33,624 in fiscal year 2010 and $34,275 in fiscal year	49871
2011 times the number of the district's organizational units.	49872

(b) The funding for secretaries shall be calculated by	49873
multiplying $33,624 in fiscal year 2010 and $34,275 in fiscal year	49874
2011 times the number of the district's organizational units,	49875
where two additional secretaries shall be funded for each high	49876
school organizational unit.	49877

(c) The funding for noninstructional aides shall be a	49878
dollar amount set by law for each fiscal year times the number of	49879
the district's organizational units, where the organizational	49880
units are multiplied by two in the case of elementary school and	49881
middle school organizational units and by three in case of high	49882
school organizational units.	49883

However, each small school district shall receive funding for	49884
one building manager, one secretary, and one noninstructional	49885
aide. Every other city, local, and exempted village school	49886
district shall receive funding for at least one building manager,	49887
one secretary, and one noninstructional aide.	49888

No funding shall be calculated and paid for noninstructional	49889
aides for fiscal years 2010 and 2011.	49890

(C) Each school district shall account separately for the	49891
amounts received for administrative services support under this	49892
section and report that information to the department of	49893
education.	49894

Sec. 3306.08. (A) The operations and maintenance support	49895
component of the adequacy amount for each city, local, and	49896
exempted village school district shall be calculated by	49897
multiplying the district's formula ADM times $884.	49898

(B) The operations and maintenance support for each city,	49899
local, and exempted village school district shall be adjusted by	49900
multiplying the calculated amount by 0.45 in fiscal years 2010	49901
and 2011, and by 0.75 in fiscal years 2012 and 2013.	49902

(C) Each school district shall account separately for	49903
expenditures of the amounts received for operations and	49904
maintenance support under this section and report that information	49905
to the department of education.	49906

Sec. 3306.09. (A) The gifted education support component of	49907
the adequacy amount for each city, local, and exempted village	49908
school district is the sum of the following:	49909

(1) The gifted identification factor;

49910

(2) The gifted coordinator factor;

49911

(3) The gifted intervention specialist factor;

49912

(4) The gifted intervention specialist professional	49913
development factor.	49914

(B)(1) The gifted identification factor shall be calculated	49915
by multiplying the district's formula ADM times $5.	49916

(2) The gifted coordinator factor shall be calculated by	49917
multiplying $66,375 in fiscal year 2010 and $67,660 in fiscal year	49918
2011 times the quotient of the district's formula ADM divided by	49919
two thousand five hundred.	49920

(3) The gifted intervention specialist factor shall be	49921
calculated by multiplying the number of the district's	49922
organizational units times the Ohio educational challenge factor	49923
specified for the district in section 3306.051 of the Revised Code	49924
times the statewide base teacher salary specified in section	49925
3306.05 of the Revised Code.	49926

(4) The gifted intervention specialist professional	49927
development factor shall be calculated by multiplying the number	49928
of the district's organizational units times the	49929
per-teaching-position dollar amount specified for the professional	49930
development factor in division (A)(7) of section 3306.03 of the	49931
Revised Code.	49932

(C) The gifted intervention specialist factor and the gifted	49933
intervention specialist professional development factor for each	49934
city, local, and exempted village school district, shall be	49935
adjusted by multiplying the calculated amount by 0.20 in fiscal	49936
year 2010, by 0.30 in fiscal year 2011, by 0.40 in fiscal years	49937
2012 and 2013, by 0.60 in fiscal years 2014 and 2015, and by 0.80	49938
in fiscal years 2016 and 2017.	49939

(D) A school district that does not submit an annual report	49940
under section 3324.05 of the Revised Code, or that reports zero	49941
students identified as gifted, shall receive zero funding for the	49942
gifted coordinator factor, the gifted intervention specialist	49943
factor, and the gifted intervention specialist professional	49944
development factor.	49945

(E) Each school district shall expend the funds calculated	49946
under the gifted education support component in accordance with	49947
rules adopted under section 3306.25 of the Revised Code. Those	49948
rules shall require that such funds be spent only for the	49949
employment of staff to serve students identified as gifted, in	49950
accordance with Chapter 3324. of the Revised Code, or for other	49951
services to such students. The rules shall be aligned with the	49952
operating standards for identifying and serving gifted students	49953
prescribed in rules adopted by the state board of education.	49954
Notwithstanding anything to the contrary in section 3306.25 of the	49955
Revised Code, the rules regarding the expenditure and reporting of	49956
funds for the gifted education support component adopted under	49957
that section shall take effect July 1, 2011.	49958

Subject to approval by the department of education, a school	49959
district may use up to fifteen per cent of the portion of the	49960
gifted intervention specialist factor attributable to the grade	49961
six through twelve formula ADM to support access to services	49962
provided by the district that are not services described in	49963
Chapter 3324. of the Revised Code but are specified in gifted	49964
students' written education plans prepared in accordance with the	49965
state board's operating standards for identifying and serving	49966
gifted students.	49967

(F) Each school district shall account separately for	49968
expenditures of the amounts received for gifted identification,	49969
gifted coordinators, gifted intervention specialists, and gifted	49970
intervention specialist professional development under this	49971
section and report that information to the department of	49972
education.	49973

(G)(1) Each city, local, and exempted village school district	49974
that received for fiscal year 2009 unit funding for gifted student	49975
services under division (L) of section 3317.024 and division (E)	49976
of section 3317.05 of the Revised Code, as those sections existed	49977
for that fiscal year, shall spend in each fiscal year thereafter	49978
for services to identified gifted students from the funds received	49979
under this chapter an amount not less than the aggregate amount	49980
received for such gifted unit funding for fiscal year 2009.	49981

(2) Each city, local, and exempted village school district	49982
that, in fiscal year 2009, received gifted student services from	49983
an educational service center, which service center received for	49984
fiscal year 2009 unit funding for gifted student services, shall	49985
in each fiscal year thereafter do either of the following:	49986

(a) Obtain gifted student services from an educational	49987
service center that are comparable to the gifted student services	49988
provided to the district with gifted unit funding in fiscal year	49989
2009 by an educational service center;	49990

(b) Spend for services to identified gifted students from the	49991
funds received under this chapter an amount not less than the	49992
amount of gifted unit funding expended by an educational service	49993
center in fiscal year 2009 for the district's students.	49994

(3) No district to which division (G)(1) or (2) of this	49995
section applies shall apply for or receive a waiver under section	49996
3306.40 of the Revised Code from the spending requirements	49997
prescribed in those divisions or under division (E) of this	49998
section.	49999

(4) Each educational service center that received for fiscal	50000
year 2009 unit funding for gifted student services shall spend	50001
from its state funds in each fiscal year thereafter for services	50002
to identified gifted students an amount not less than the	50003
aggregate amount received for gifted unit funding for fiscal year	50004
2009. No educational service center to which division (G)(4) of	50005
this section shall receive any waiver of this requirement.	50006

(H) A city, local, or exempted village school district that	50007
did not receive for fiscal year 2009 unit funding for gifted	50008
student services under division (L) of section 3317.024 and	50009
division (E) of section 3317.05 of the Revised Code, as those	50010
sections existed for that fiscal year, may apply for a waiver	50011
under section 3306.40 of the Revised Code from any expenditure	50012
requirements prescribed under division (E) of this section.	50013
Notwithstanding anything to the contrary in section 3306.40 of	50014
the Revised Code, the first waiver granted to a district pursuant	50015
to this division shall not be effective for longer than two	50016
years, and any subsequent renewal of that waiver shall not be	50017
effective for longer than one year.	50018

Sec. 3306.091. (A) The enrichment support component of the	50019
adequacy amount for each city, local, and exempted village school	50020
district shall be calculated by multiplying the district's formula	50021
ADM times $100 times the Ohio educational challenge factor.	50022

(B) The enrichment support for each city, local, and exempted	50023
village school district shall be adjusted by multiplying the	50024
calculated amount by 0.20 in fiscal year 2010, by 0.30 in fiscal	50025
year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in	50026
fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and	50027
2017.	50028

(C) The enrichment support component shall be used for	50029
purposes other than services for students identified as gifted	50030
delivered in accordance with Chapter 3324. of the Revised Code. A	50031
district may spend the enrichment support component to pay for	50032
enrichment activities that may encourage the intellectual and	50033
creative pursuits of all students, including the fine arts.	50034

(D) Each school district shall account separately for	50035
expenditures of the amounts received for enrichment support under	50036
this section and report that information to the department of	50037
education.	50038

Sec. 3306.10. (A) The technology resources support component	50039
of the adequacy amount for each city, local, and exempted village	50040
school district is the sum of the following:	50041

(1) The licensed librarian and media specialist factor;

50042

(2) The technical equipment factor.

50043

(B)(1) The licensed librarian and media specialist factor	50044
shall be calculated by multiplying the number of the district's	50045
organizational units times $60,000.	50046

(2) The technical equipment factor shall be calculated by	50047
multiplying the district's formula ADM times $250.	50048

(C) The licensed librarian and media specialist factor and	50049
the technical equipment factor for each city, local, and exempted	50050
village school district shall be adjusted by multiplying the	50051
calculated amounts by 0.20 in fiscal year 2010, by 0.30 in fiscal	50052
year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in	50053
fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and	50054
2017.	50055

(D) Each school district shall account separately for the	50056
amounts received for technology resources support under this	50057
section and report that information to the department of	50058
education.	50059

Sec. 3306.11. (A) For the purpose of calculating a school	50060
district's instructional services support under section 3306.05 of	50061
the Revised Code, the number of special education teacher	50062
positions used in calculating the special education teacher	50063
factor, and the number of special education teacher's aide	50064
positions used in calculating the special education teacher's aide	50065
factor shall be calculated as set forth in this section.	50066

(B)(1) The number of special education teacher positions	50067
shall be calculated by multiplying the sum of the weighted number	50068
of children with disabilities calculated under division (C) of	50069
this section times nine-tenths, and then dividing that product by	50070
twenty.	50071

(2) The number of special education teacher's aide positions	50072
shall be calculated by dividing the number of special education	50073
teacher positions calculated under division (B)(1) of this section	50074
by two, and multiplying that quotient by 0.50 in fiscal years	50075
2010 and 2011.	50076

(C) The weighted number of children with disabilities for a	50077
school district is the sum of:	50078

(1) 0.2906 times the district's category one special	50079
education ADM;	50080

(2) 0.7374 times the district's category two special	50081
education ADM;	50082

(3) 1.7716 times the district's category three special	50083
education ADM;	50084

(4) 2.3643 times the district's category four special	50085
education ADM;	50086

(5) 3.2022 times the district's category five special	50087
education ADM;	50088

(6) 4.7205 times the district's category six special	50089
education ADM.	50090

(D) Each school district shall account separately for	50091
expenditures of the amounts received for resources for children	50092
with disabilities under this section and section 3306.05 of the	50093
Revised Code and report that information to the department of	50094
education. Those amounts may be used to pay for providers of	50095
related services, as defined in section 3323.01 of the Revised	50096
Code, for children with disabilities.	50097

Sec. 3306.12. (A) As used in this section:

50098

(1) "Assigned bus" means a school bus used to transport	50099
qualifying riders.	50100

(2) "Nontraditional ridership" means the average number of	50101
qualifying riders who are enrolled in a community school	50102
established under Chapter 3314. of the Revised Code, in a STEM	50103
school established under Chapter 3326. of the Revised Code, or in	50104
a nonpublic school and are provided school bus service by a school	50105
district during the first full week of October.	50106

(3) "Qualifying riders" means resident students enrolled in	50107
regular education in grades kindergarten to twelve who are	50108
provided school bus service by a school district and who live	50109
more than one mile from the school they attend, including	50110
students with dual enrollment in a joint vocational school	50111
district or a cooperative education school district, and students	50112
enrolled in a community school, STEM school, or nonpublic school.	50113

(4) "Qualifying ridership" means the average number of	50114
qualifying riders who are provided school bus service by a school	50115
district during the first full week of October.	50116

(5) "Rider density" means the number of qualifying riders per	50117
square mile of a school district.	50118

(6) "School bus service" means a school district's	50119
transportation of qualifying riders in any of the following types	50120
of vehicles:	50121

(a) School buses owned or leased by the district;

50122

(b) School buses operated by a private contractor hired by	50123
the district;	50124

(c) School buses operated by another school district or	50125
entity with which the district has contracted, either as part of a	50126
consortium for the provision of transportation or otherwise.	50127

(B) Not later than the fifteenth day of October each year,	50128
each city, local, and exempted village school district shall	50129
report to the department of education its qualifying ridership,	50130
nontraditional ridership, number of qualifying riders per	50131
assigned bus, and any other information requested by the	50132
department. Subsequent adjustments to the reported numbers shall	50133
be made only in accordance with rules adopted by the department.	50134

(C) The department shall calculate the statewide	50135
transportation cost per student as follows:	50136

(1) Determine each city, local, and exempted village school	50137
district's transportation cost per student by dividing the	50138
district's total costs for school bus service in the previous	50139
fiscal year by its qualifying ridership in the previous fiscal	50140
year.	50141

(2) After excluding districts that do not provide school bus	50142
service and the ten districts with the highest transportation	50143
costs per student and the ten districts with the lowest	50144
transportation costs per student, divide the aggregate cost for	50145
school bus service for the remaining districts in the previous	50146
fiscal year by the aggregate qualifying ridership of those	50147
districts in the previous fiscal year.	50148

(D) The department shall calculate the statewide	50149
transportation cost per mile as follows:	50150

(1) Determine each city, local, and exempted village school	50151
district's transportation cost per mile by dividing the	50152
district's total costs for school bus service in the previous	50153
fiscal year by its total number of miles driven for school bus	50154
service in the previous fiscal year.	50155

(2) After excluding districts that do not provide school bus	50156
service and the ten districts with the highest transportation	50157
costs per mile and the ten districts with the lowest	50158
transportation costs per mile, divide the aggregate cost for	50159
school bus service for the remaining districts in the previous	50160
fiscal year by the aggregate miles driven for school bus service	50161
in those districts in the previous fiscal year.	50162

(E) The department shall calculate each city, local, and	50163
exempted village school district's transportation base payment as	50164
follows:	50165

(1) Multiply the statewide transportation cost per student by	50166
the district's qualifying ridership for the current fiscal year.	50167

(2) Multiply the statewide transportation cost per mile by	50168
the district's total number of miles driven for school bus service	50169
in the current fiscal year.	50170

(3) Multiply the greater of the amounts calculated under	50171
divisions (E)(1) and (2) of this section by the greater of sixty	50172
per cent or the district's state share percentage.	50173

(F) The department shall calculate each city, local, and	50174
exempted village school district's nontraditional ridership	50175
adjustment according to the following formula:	50176

(nontraditional ridership for the current fiscal year /	50177

qualifying ridership for the current fiscal year) X 0.1 X	50178

transportation base payment	50179

(G) If a city, local, and exempted village school district	50180
offers school bus service to all resident students who are	50181
enrolled in regular education in district schools in grades nine	50182
to twelve and who live more than one mile from the school they	50183
attend, the department shall calculate the district's high school	50184
ridership adjustment according to the following formula:	50185

0.025 X transportation base payment	50186

(H) If a city, local, and exempted village school district	50187
offers school bus service to students enrolled in grades	50188
kindergarten to eight who live more than one mile, but two miles	50189
or less, from the school they attend, the department shall	50190
calculate an additional adjustment according to the following	50191
formula:	50192

0.025 X transportation base payment	50193

(I)(1) The department annually shall establish a target	50194
number of qualifying riders per assigned bus for each city, local,	50195
and exempted village school district. The department shall use	50196
the most recently available data in establishing the target	50197
number. The target number shall be based on the statewide median	50198
number of qualifying riders per assigned bus as adjusted to	50199
reflect the district's rider density in comparison to the rider	50200
density of all other districts. The department shall post on the	50201
department's web site each district's target number of qualifying	50202
riders per assigned bus and a description of how the target	50203
number was determined.	50204

(2) The department shall determine each school district's	50205
efficiency index by dividing the district's median number of	50206
qualifying riders per assigned bus by its target number of	50207
qualifying riders per assigned bus.	50208

(3) The department shall determine each city, local, and	50209
exempted village school district's efficiency adjustment as	50210
follows:	50211

(a) If the district's efficiency index is equal to or greater	50212
than 1.5, the efficiency adjustment shall be calculated according	50213
to the following formula:	50214

0.1 X transportation base payment	50215

(b) If the district's efficiency index is less than 1.5 but	50216
equal to or greater than 1.0, the efficiency adjustment shall be	50217
calculated according to the following formula:	50218

[(efficiency index – 1) / 5] X transportation base payment	50219

(c) If the district's efficiency index is less than 1.0, the	50220
efficiency adjustment shall be zero.	50221

(J) The department shall pay each city, local, and exempted	50222
village school district the lesser of the following:	50223

(1) The sum of the amounts calculated under divisions (E) to	50224
(H) and (I)(3) of this section;	50225

(2) The district's total costs for school bus service for the	50226
prior fiscal year.	50227

(K) In addition to funds paid under division (J) of this	50228
section, each city, local, and exempted village district shall	50229
receive in accordance with rules adopted by the state board of	50230
education a payment for students transported by means other than	50231
school bus service and whose transportation is not funded under	50232
division (G) of section 3317.024 of the Revised Code. The rules	50233
shall include provisions for school district reporting of such	50234
students.	50235

(L)(1) In fiscal years 2010 and 2011, the department shall	50236
pay each district a pro rata portion of the amounts calculated	50237
under division (J) of this section and described in division (K)	50238
of this section, based on state appropriations.	50239

(2) In addition to the prorated payment under division	50240
(L)(1) of this section, in fiscal years 2010 and 2011, the	50241
department shall pay each school district that meets the	50242
conditions prescribed in division (L)(3) of this section an	50243
additional amount equal to the following product:	50244

(a) The difference of (i) the amounts calculated under	50245
division (J) of this section and prescribed in division (K) of	50246
this section minus (ii) that prorated payment; times	50247

(b) 0.30 in fiscal year 2010 and 0.70 in fiscal year 2011.

50248

(3) Division (L)(2) of this section applies to each school	50249
district that meets all of the following conditions:	50250

(a) The district qualifies for the calculation of a payment	50251
under division (J) of this section because it transports students	50252
on board-owned or contractor-owned school buses.	50253

(b) The district's local wealth per pupil, calculated as	50254
prescribed in section 3317.0217 of the Revised Code, is at or	50255
below the median local wealth per pupil of all districts that	50256
qualify for calculation of a payment under division (J) of this	50257
section.	50258

(c) The district's rider density is at or below the median	50259
rider density of all districts that qualify for calculation of a	50260
payment under division (J) of this section.	50261

Sec. 3306.13. (A) The department of education shall compute	50262
and distribute to each city, local, and exempted village school	50263
district the state share of the adequacy amount for the fiscal	50264
year by subtracting the district's charge-off amount calculated	50265
under division (B) of this section from its adequacy amount	50266
calculated under section 3306.03 of the Revised Code.	50267

(B)(1) For districts with a class one effective operating tax	50268
rate that is less than twenty and one-tenth effective mills as of	50269
the first day of July of the current fiscal year, the charge-off	50270
amount equals the applicable charge-off rate, prescribed in	50271
division (C) of this section, times the sum of the district's	50272
total taxable value plus its property exemption value.	50273

(2) For districts with a class one effective operating tax	50274
rate that is greater than or equal to twenty and one-tenth class	50275
one effective mills as of the first day of July of the current	50276
fiscal year, the charge-off amount equals the applicable	50277
charge-off rate, prescribed in division (C) of this section,	50278
times the sum of the district's recognized valuation plus its	50279
property exemption value.	50280

If the difference obtained from the calculation is a negative	50281
number, the state share shall be zero.	50282

(3)(a) For each school district for which the tax exempt	50283
value of the district equals or exceeds twenty-five per cent of	50284
the potential value of the district, the department shall	50285
calculate the difference between the district's tax exempt value	50286
and twenty-five per cent of the district's potential value.	50287

(b) For each school district to which division (B)(3)(a) of	50288
this section applies, the department shall adjust the total	50289
taxable value used in the calculation under division (B)(1) of	50290
this section or the recognized valuation used in the calculation	50291
under division (B)(2) of this section by subtracting from it the	50292
amount calculated under division (B)(3)(a) of this section.	50293

50294

(1) In fiscal years 2010 and 2011, 0.022;

50295

(2) In fiscal years 2012 and 2013, 0.021;

50296

(3) In fiscal year 2014 and in each fiscal year thereafter,	50297
0.020.	50298

(D) The department shall use the information obtained under	50299
section 3317.021 of the Revised Code during the calendar year in	50300
which the fiscal year begins to calculate the district state	50301
shares under this section.	50302

Sec. 3306.18. On or before the fifteenth day of July of each	50303
year, the superintendent of public instruction shall certify to	50304
the state board of education the amount each city, local, and	50305
exempted village school district expended in the previous fiscal	50306
year on each factor of the district's adequacy amount.	50307

Sec. 3306.19. (A) The department of education shall	50308
calculate and pay transitional aid in fiscal years 2010 and 2011	50309
to each city, local, and exempted village school district in	50310
accordance with this section. For fiscal year 2010, the amount of	50311
a district's transitional aid shall be the positive difference of	50312
ninety-nine per cent of its transitional aid base for that fiscal	50313
year minus the sum of its state share of the adequacy amount	50314
calculated under section 3306.13 of the Revised Code plus the	50315
amount calculated for career-technical education under section	50316
3306.052 of the Revised Code plus the prorated transportation	50317
funding calculated under division (L)(1) of section 3306.12 of the	50318
Revised Code. For fiscal year 2011, the amount of a district's	50319
transitional aid shall be the positive difference of ninety-eight	50320
per cent of its transitional aid base for that fiscal year minus	50321
the sum of its state share of the adequacy amount calculated under	50322
section 3306.13 of the Revised Code plus the amount calculated for	50323
career-technical education under section 3306.052 of the Revised	50324
Code plus the prorated transportation funding calculated under	50325
division (L)(1) of section 3306.12 of the Revised Code.	50326

(1) The transitional aid guarantee base for each city, local,	50327
and exempted village school district for fiscal year 2010 equals	50328
the sum of the following computed for fiscal year 2009, as	50329
reconciled by the department, less any general revenue fund	50330
spending reductions ordered by the governor under section 126.05	50331
of the Revised Code:	50332

(a) Base-cost funding under division (A) of section 3317.022	50333
of the Revised Code;	50334

(b) Special education and related services additional	50335
weighted funding under division (C)(1) of section 3317.022 of the	50336
Revised Code;	50337

(c) Speech services funding under division (C)(4) of section	50338
3317.022 of the Revised Code;	50339

(d) Vocational education additional weighted funding under	50340
division (E) of section 3317.022 of the Revised Code;	50341

(e) GRADS funding under division (N) of section 3317.024 of	50342
the Revised Code;	50343

(f) Adjustments for classroom teachers and educational	50344
service personnel under divisions (B), (C), and (D) of section	50345
3317.023 of the Revised Code;	50346

(g) Gifted education units under division (L) of section	50347
3317.024 and section 3317.05 of the Revised Code;	50348

(h) Transportation under Section 269.20.80 of Am. Sub. H.B.	50349
119 of the 127th general assembly;	50350

(i) The excess cost supplement under division (F) of section	50351
3317.022 of the Revised Code;	50352

(j) The charge-off supplement under section 3317.0216 of the	50353
Revised Code;	50354

(k) Transitional aid under Section 269.30.80 of Am. Sub. H.B.	50355
119 of the 127th general assembly.	50356

(2) The transitional aid guarantee base for each city,	50357
local, and exempted village school district for fiscal year 2011	50358
equals the following difference:	50359

(a) The sum of the district's state share of the adequacy	50360
amount calculated under section 3306.13 of the Revised Code plus	50361
the district's career-technical education funding calculated	50362
under division (L)(1) of section 3306.052 of the Revised Code	50363
plus the district's prorated transportation funding calculated	50364
under division (L)(1) of section 3306.12 of the Revised Code plus	50365
any transitional aid payment under this section for fiscal year	50366
2010, as the sum is adjusted under division (B)(1) of this	50367
section, if applicable; minus	50368

(b) Any general revenue fund spending reductions ordered by	50369
the governor for fiscal year 2010 under section 126.05 of the	50370
Revised Code.	50371

(B) Notwithstanding any provision of this chapter to the	50372
contrary:	50373

(1) The combination of the state share of the adequacy amount	50374
plus the prorated transportation funding under division (L)(1) of	50375
section 3306.12 of the Revised Code for any city, local, or	50376
exempted village school district for fiscal year 2010 shall not	50377
exceed 1.0075 times the difference of its transitional aid	50378
guarantee base for fiscal year 2010 minus the amount described in	50379
division (A)(1)(d) of this section.	50380

(2) The combination of the state share of the adequacy amount	50381
plus the prorated transportation funding under division (L)(1) of	50382
section 3306.12 of the Revised Code for any city, local, or	50383
exempted village school district for fiscal year 2011 shall not	50384
exceed 1.0075 times the difference of its transitional aid	50385
guarantee base for fiscal year 2011 minus the amount paid to the	50386
district under division (A) of section 3306.052 of the Revised	50387
Code.	50388

Sec. 3306.191. The department of education shall calculate	50389
and pay additional transitional aid in fiscal year 2011 to a city,	50390
local, and exempted village school district equal to the	50391
following:	50392

(0.98 X the district's state education aid for fiscal year 2010) –	50393
the district's state education aid for fiscal year 2011	50394

If the result is a negative number, no payment shall be paid	50395
under this section.	50396

As used in this section, "state education aid" has the same	50397
meaning as in section 5751.20 of the Revised Code.	50398

Sec. 3306.192. In fiscal year 2012 and in each fiscal year	50399
thereafter, the department of education shall pay a city, local,	50400
or exempted village school district additional funds computed as	50401
follows:	50402

(A) The statewide per pupil amount paid for chartered	50403
nonpublic school students – (the sum of the district's payments	50404
under sections 3306.052, 3306.12, 3306.13, and 3306.19 of the	50405
Revised Code/its formula ADM); times	50406

(B) The district's formula ADM.

50407

If the result is a negative number, no payment shall be made	50408
under this section.	50409

As used in this section, the "statewide per pupil amount paid	50410
for chartered nonpublic school for students" means the statewide	50411
per pupil amount paid under sections 3317.06 and 3317.063 of the	50412
Revised Code, combined, for the current fiscal year, as calculated	50413
by the department.	50414

Sec. 3306.21. Nothing in this chapter shall be construed to	50415
affect or limit the authority of a school district, community	50416
school, or STEM school to contract with an educational service	50417
center, under sections 3313.843, 3313.844, 3313.845, 3314.022, and	50418
3326.45 of the Revised Code, for the provision of any services for	50419
which funds are calculated and paid under this chapter.	50420

Sec. 3306.22. Nothing in this chapter shall be construed to	50421
prohibit a school district from using funds calculated and paid	50422
under this chapter to establish, operate, or participate in a	50423
joint or cooperative program under section 3313.842 of the Revised	50424
Code.	50425

Sec. 3306.25. (A) The superintendent of public instruction	50426
shall adopt rules, in accordance with Chapter 119. of the Revised	50427
Code, prescribing standards for the expenditure of funds	50428
calculated under this chapter and for the reporting of	50429
expenditures of those funds for particular funded components, as	50430
determined by the superintendent, so that those funds are directed	50431
toward the purposes for which they were calculated.	50432

The superintendent shall classify the components into the	50433
following categories:	50434

(1) Core academic strategy components, which shall be	50435
considered those components that are fundamental to successful	50436
education practices in the twenty-first century for all students;	50437

(2) Academic improvement components, which shall be	50438
considered those components that have been demonstrated to make	50439
the greatest improvement in the academic achievement of	50440
underperforming students;	50441

(3) Other components.

50442

The superintendent shall determine the funded components	50443
included in each category.	50444

(B) The rules adopted for core academic strategy components	50445
under division (A)(1) of this section shall prescribe standards	50446
for expenditure and reporting. The rules shall afford districts	50447
degrees of flexibility in determining how to spend funds	50448
calculated for the components included in that category	50449
depending on the district's current performance rating under	50450
section 3302.03 of the Revised Code. The higher the rating, the	50451
greater flexibility the rules shall provide. Districts rated	50452
excellent shall not be subject to the expenditure standards, but	50453
shall comply with the reporting standards.	50454

(C) The rules adopted for academic improvement components	50455
under division (A)(2) of this section shall prescribe standards	50456
for expenditure and reporting and shall apply only to school	50457
districts that have been declared to be in academic emergency or	50458
academic watch, under section 3302.03 of the Revised Code, for	50459
two or more consecutive years, beginning with the ratings of	50460
districts issued under that section in the fiscal year that	50461
begins two years prior to the effective date of rules adopted	50462
under division (A)(2) of this section.	50463

(D) The rules adopted under division (A)(3) of this section	50464
shall prescribe only reporting standards and shall not prescribe	50465
spending requirements or standards. The rules shall apply to all	50466
school districts.	50467

(E) The rules shall take effect pursuant to a schedule	50468
determined by the superintendent. However:	50469

(1) The rules adopted under division (A)(1) of this section	50470
prescribing reporting standards for core academic strategy	50471
components shall not take effect before July 1, 2010.	50472

(2) The rules adopted under division (A)(1) of this section	50473
prescribing expenditure standards for core academic strategy	50474
components shall not take effect before July 1, 2011.	50475

(3) The rules adopted under division (A)(2) of this section	50476
prescribing reporting standards for academic improvement	50477
components shall not take effect before July 1, 2010.	50478

(4) The rules adopted under division (A)(2) of this section	50479
prescribing expenditure standards for academic improvement	50480
components shall not take effect before July 1, 2011.	50481

(5) The rules adopted under division (A)(3) of this section	50482
prescribing reporting standards for other components shall not	50483
take effect before July 1, 2010.	50484

(F) Each school district shall comply with each applicable	50485
rule adopted under this section beginning on the effective date	50486
of that rule.	50487

Sec. 3306.29. (A) The Ohio school funding advisory council	50488
is hereby established. The council shall consist of the	50489
following members:	50490

(1) The governor, or the governor's designee;

50491

(2) The superintendent of public instruction, or the	50492
superintendent's designee;	50493

(3) The chancellor of the Ohio board of regents, or the	50494
chancellor's designee;	50495

(4) Two school district teachers, appointed by the governor;

50496

(5) Two nonteaching, nonadministrative school district	50497
employees, appointed by the governor;	50498

(6) One school district principal, appointed by the speaker	50499
of the house of representatives;	50500

(7) One school district superintendent, appointed by the	50501
president of the senate;	50502

(8) One school district treasurer, appointed by the speaker	50503
of the house of representatives;	50504

(9) One member of a school district board, appointed by the	50505
president of the senate;	50506

(10) One representative of a college of education, appointed	50507
by the speaker of the house of representatives;	50508

(11) One representative of the business community, appointed	50509
by the president of the senate;	50510

(12) One representative of a philanthropic organization,	50511
appointed by the speaker of the house of representatives;	50512

(13) One representative of the Ohio academy of science,	50513
appointed by the president of the senate;	50514

(14) One representative of the general public, appointed by	50515
the president of the senate;	50516

(15) One representative of educational service centers,	50517
appointed by the speaker of the house of representatives;	50518

(16) One parent of a student attending a school operated by a	50519
school district, appointed by the governor;	50520

(17) One representative of community school sponsors,	50521
appointed by the governor;	50522

(18) One representative of operators of community schools,	50523
appointed by the president of the senate;	50524

(19) One community school fiscal officer, appointed by the	50525
speaker of the house of representatives;	50526

(20) One parent of a student attending a community school,	50527
appointed by the president of the senate;	50528

(21) One representative of early childhood education	50529
providers, appointed by the governor;	50530

(22) One representative of chartered nonpublic schools,	50531
appointed by the speaker of the house of representatives;	50532

(23) Two persons appointed by the president of the senate,	50533
one of whom shall be recommended by the minority leader of the	50534
senate;	50535

(24) Two persons appointed by the speaker of the house of	50536
representatives, one of whom shall be recommended by the minority	50537
leader of the house of representatives.	50538

The members shall serve without compensation.

50539

(B) The superintendent of public instruction, or the	50540
superintendent's designee to the council, shall be the chairperson	50541
of the council.	50542

The department of education shall provide staffing	50543
assistance to the council.	50544

(C) Not later than December 1, 2010, and the first day of	50545
July of each even-numbered year thereafter, the council shall	50546
present to the state board of education, the general assembly, in	50547
accordance with section 101.68 of the Revised Code, and the	50548
public recommendations for revisions to the educational adequacy	50549
components of the school funding model established under this	50550
chapter.	50551

(1) The recommendations shall be based on current, high	50552
quality research, information provided by school districts, and	50553
best practices in operational efficiencies.	50554

(2) In preparing its recommendations due December 1, 2010,	50555
the council's analyses shall include, but shall not be limited to,	50556
the adequacy of the model's financing for special education,	50557
gifted education services, career-technical education, arts	50558
education, services for limited English proficient students, and	50559
early college high schools. This analysis shall consider, for	50560
each area, current educational need, current educational	50561
practices, and best practices. In its December 1, 2010, report	50562
the council also shall include all of the following:	50563

(a) Recommendations for a student-centered evidence-based	50564
model for schools that uses a per pupil level of funding to follow	50565
a student to the school that best meets the student's individual	50566
learning needs;	50567

(b) A study of the extent to which current funding for joint	50568
vocational school districts and compact and comprehensive	50569
career-technical schools is responsive to state, regional, and	50570
local business and industry needs, and recommendations for	50571
revisions to career-technical education programming and funding;	50572

(c) A study of the extent to which the current educational	50573
service center system supports school districts in academic	50574
achievement, teacher quality, shared educational services, and the	50575
purchasing of educational services and commodities, and	50576
recommendations for a new regional service delivery system, the	50577
educational service system governance structure, and	50578
accountability metrics for educational service centers;	50579

(d) An examination of the existing structures and systems	50580
that support compensation and retirement benefits for teachers,	50581
and recommendations for changes to the systems of teacher	50582
compensation and retirement benefits to improve the connections	50583
between teacher compensation, teaching excellence, and higher	50584
levels of student learning;	50585

(e) A consideration of whether community schools and STEM	50586
schools should be subject to the expenditure and reporting	50587
standards adopted under section 3306.25 of the Revised Code and	50588
the accountability requirements of sections 3306.30 to 3306.40 of	50589
the Revised Code;	50590

(f) An analysis of the effects of open enrollment on students	50591
and school districts, and recommendations for ensuring that open	50592
enrollment policy and financing is equitable for students and	50593
school districts.	50594

(3) In preparing its recommendations due December 1, 2010,	50595
and in subsequent biennia, the council's analyses may address, but	50596
need not be limited to, any of the following:	50597

(a) Strategies and incentives to promote school cost-saving	50598
measures and efficiencies;	50599

(b) Options for adding learning time to the learning year,	50600
such as moving professional development for educators to summer,	50601
adding learning time for children with greater educational needs,	50602
accounting for learning time by hours instead of days, and	50603
appropriate compensation to school districts and staff for	50604
providing additional learning time;	50605

(c) The adequacy of the model's accounting for and financing	50606
of operational costs, including district-level administration and	50607
administrative and transportation challenges experienced by	50608
low-density and low-wealth school districts, and the effect of	50609
those costs on student academic achievement;	50610

(d) The accuracy of the calculation of each component of the	50611
funding model, and of the model as a whole, in light of current	50612
educational needs, current educational practices, and best	50613
practices;	50614

(e) Options to encourage school districts and schools already	50615
attaining excellent ratings under section 3302.03 of the Revised	50616
Code to go beyond state standards and aspire to higher	50617
international norms.	50618

Sec. 3306.291. (A) A subcommittee of the Ohio school funding	50619
advisory council is hereby established to study and make	50620
recommendations to foster collaboration between school districts	50621
and community schools established under Chapter 3314. of the	50622
Revised Code. The subcommittee shall recommend fiscal strategies,	50623
including changes to the funding model established under this	50624
chapter, that will provide incentives and compensation for Ohio	50625
school districts and community schools to enter into collaborative	50626
agreements that result in creative and innovative academic	50627
programming for students and academic and fiscal efficiency. The	50628
subcommittee shall report its findings and recommendations to the	50629
council and, in accordance with section 101.68 of the Revised	50630
Code, the general assembly not later than September 1, 2010, and	50631
periodically thereafter at the direction of the superintendent of	50632
public instruction.	50633

(B) The subcommittee shall consist of the following members	50634
of the council:	50635

(1) The school district superintendent;

50636

(2) The school district treasurer;

50637

(3) One of the school district teachers, selected by the	50638
superintendent of public instruction;	50639

(4) The member representing a college of education;

50640

(5) The member representing sponsors of community schools;

50641

(6) The member representing operators of community schools;

50642

(7) The community school fiscal officer;

50643

(8) The parent of a student attending a community school;

50644

(9) The parent of a student attending a school operated by a	50645
school district.	50646

The members of the subcommittee shall serve without	50647
compensation.	50648

Sec. 3306.292. The Ohio school funding advisory council may	50649
establish subcommittees in addition to the subcommittee	50650
established under section 3306.291 of the Revised Code. The	50651
council shall determine the membership and duties of the	50652
additional subcommittees. Up to one-half of the members of each	50653
additional subcommittee may be individuals who are not members of	50654
the council.	50655

Sec. 3306.30. (A) The board of education of each city,	50656
local, and exempted village school district annually shall submit	50657
to the department of education, by the date and in the manner	50658
prescribed by the superintendent of public instruction, a plan	50659
describing how the district will deploy the funds received under	50660
this chapter. The plan shall deploy the funds received for each	50661
component of the adequacy amount, shall comply with any	50662
applicable expenditure or reporting standard prescribed by rule	50663
adopted under section 3306.25 of the Revised Code, and shall	50664
comply with the operating standards adopted under division	50665
(D)(3) of section 3301.07 of the Revised Code and any directive	50666
of the superintendent of public instruction, unless a waiver	50667
has been granted under section 3306.40 of the Revised Code. In	50668
the case of a district to which section 3306.31 of the Revised	50669
Code applies, the plan shall include the deployment of funds for	50670
the purposes described in divisions (B) and (D) of that section.	50671

(B) The department annually shall reconcile each spending	50672
plan submitted under this section with the actual spending of the	50673
district. If the department finds that a district has not	50674
complied with any applicable expenditure or reporting standard	50675
prescribed by rule adopted under section 3306.25 of the Revised	50676
Code, the department shall proceed to take action under section	50677
3306.33 of the Revised Code.	50678

(C) If a school district fails to submit a spending plan as	50679
required by this section or, as applicable, section 3306.31 of	50680
the Revised Code, the department shall proceed to take action	50681
under section 3306.33 of the Revised Code.	50682

Sec. 3306.31. (A) This section applies to any city, local,	50683
or exempted village school district that has a three-year average	50684
graduation rate, as defined in section 3301.0711 of the Revised	50685
Code, of eighty per cent or less.	50686

(B) The board of education of each school district to which	50687
this section applies shall implement actions prescribed by the	50688
governor's closing the achievement gap initiative in each of the	50689
following:	50690

(1) Each high school;

50691

(2) Each elementary or middle school in which less than fifty	50692
per cent of the students have attained a proficient score on the	50693
fourth or seventh grade achievement assessments in English	50694
language arts or mathematics required under section 3301.0710 of	50695
the Revised Code.	50696

(C) The board of education of each school district to which	50697
this section applies shall work with the department of education	50698
and the governor's closing the achievement gap initiative in	50699
developing its annual spending plan prior to submitting the plan	50700
under section 3306.30 of the Revised Code.	50701

(D) The board of each district to which this section applies	50702
shall create and staff, in each organizational unit, at least one	50703
position funded under division (A)(1) of section 3306.06 of the	50704
Revised Code. Each such position shall function as a linkage	50705
coordinator for closing the achievement gap and increasing the	50706
graduation rate. A linkage coordinator is a person, meeting	50707
guidelines established by the governor's closing the achievement	50708
gap initiative, who shall work with and who is the primary	50709
mentor, coach, and motivator for students identified as at risk	50710
of not graduating, as defined by the governor's closing the	50711
achievement gap initiative, and who coordinates those students'	50712
participation in academic programs, social service programs,	50713
out-of-school cultural and work-related experiences, and in-school	50714
and out-of-school mentoring programs, based on the students'	50715
needs. The linkage coordinator shall coordinate remedial	50716
disciplinary plans as needed and work with school personnel to	50717
gather student academic information and to engage parents of	50718
targeted students. The linkage coordinator shall serve as a	50719
liaison between the school and the governor's closing the	50720
achievement gap initiative and shall participate in all	50721
professional development activities as directed by the closing the	50722
achievement gap initiative. The linkage coordinator shall	50723
establish and coordinate the work of academic promotion teams,	50724
which shall address the academic and social needs of the	50725
identified students. The membership of teams in different schools	50726
may vary and may include the linkage coordinator, parents,	50727
teachers, principals, school nurses, school counselors, probation	50728
officers, or other school personnel or members of the community.	50729

(E) The governor's closing the achievement gap initiative	50730
shall work with each organizational unit of a school district to	50731
which this section applies to assess the progress in implementing	50732
prescribed activities, as required under division (B) of this	50733
section, and shall assist linkage coordinators, administrators,	50734
and other school staff in ensuring compliance with the district's	50735
spending plan required under section 3306.30 of the Revised Code.	50736

(F) The items related to implementing divisions (B) and (D)	50737
of this section included in the spending plan of a district to	50738
which this section applies are subject to the approval of the	50739
superintendent of public instruction and the governor's closing	50740
the achievement gap initiative. If they disapprove those items in	50741
the plan, the state superintendent shall do one of the following:	50742

(1) Modify the items related to implementing divisions (B)	50743
and (D) of this section in the plan as the state superintendent	50744
considers appropriate and notify the district board of the	50745
modifications. The district board shall comply with the plan as	50746
modified by the state superintendent.	50747

(2) Return the spending plan and require the district board	50748
to modify the items related to implementing divisions (B) and (D)	50749
of this section in the plan according to the state	50750
superintendent's instructions or recommendations. The district	50751
board shall modify the plan according to the state	50752
superintendent's instructions or recommendations and return the	50753
modified plan by a date specified by the state superintendent.	50754

(G) The department shall work with the governor's closing the	50755
achievement gap initiative in reconciling, under division (B) of	50756
section 3306.30 of the Revised Code, the spending plan submitted	50757
by a district to which this section applies with the district's	50758
actual spending.	50759

Sec. 3306.33. (A) Not earlier than July 1, 2011, the	50760
department of education shall take action under this section	50761
with respect to a school district in either of the following	50762
circumstances:	50763

(1) The department determines that the school district has	50764
failed to comply with any applicable expenditure or reporting	50765
standard prescribed by rule adopted under section 3306.25 of the	50766
Revised Code.	50767

(2) The district fails to submit a spending plan under	50768
section 3306.30 and, if applicable, section 3306.31 of the	50769
Revised Code.	50770

(B) When a circumstance described in division (A) of this	50771
section applies, the department shall provide the school district	50772
with technical assistance to bring the district into compliance	50773
with the expenditure and reporting standards adopted under	50774
section 3306.25 of the Revised Code and the requirements of this	50775
chapter, as applicable to the circumstance triggering action	50776
under this section. In addition, the board of the district	50777
shall take all of the following actions:	50778

(1) Develop and submit to the department a three-year	50779
operations improvement plan containing all of the following:	50780

(a) An analysis of the reasons for the failure to meet the	50781
applicable expenditure or reporting standards or requirements of	50782
this chapter;	50783

(b) Specific strategies the board will use to address the	50784
problems in meeting the standards or requirements;	50785

(c) Identification of the resources the board will use to	50786
meet the standards or requirements;	50787

(d) A description of how the board will measure its progress	50788
in meeting the standards or requirements.	50789

If the district is required to have a continuous improvement	50790
plan under section 3302.04 of the Revised Code, the three-year	50791
operations improvement plan required by this section shall be	50792
aligned with the continuous improvement plan.	50793

(2) Notify the parent or guardian of each student served by	50794
the district either in writing or by electronic means, of the	50795
standards or requirements that were not met, the actions being	50796
taken to meet the standards or requirements, and any progress	50797
achieved in the immediately preceding school year toward meeting	50798
the standards or requirements.	50799

(3) Present the plan, and take public testimony with respect	50800
to it, in a public hearing before the board.	50801

(C) When a circumstance described in division (A) of this	50802
section applies to a school district for a second consecutive	50803
year, whether it is the same or a different circumstance, the	50804
department shall provide the district with technical assistance to	50805
bring the district into compliance with the expenditure or	50806
reporting standards adopted under section 3306.25 of the Revised	50807
Code and the requirements of this chapter, as applicable to the	50808
circumstance triggering action under this section. In addition,	50809
both of the following apply:	50810

(1) The board shall take all of the actions prescribed in	50811
divisions (B)(1) to (3) of this section;	50812

(2) The department shall establish a state intervention team	50813
to evaluate all aspects of the district's operations, including,	50814
but not limited to, management, instructional methods, resource	50815
allocation, and scheduling. The intervention team shall include	50816
teachers and administrators recognized as outstanding in their	50817
fields. The team shall make recommendations regarding methods for	50818
bringing the district into compliance with the applicable	50819
standards adopted under section 3306.25 of the Revised Code and	50820
requirements of this chapter. The superintendent of public	50821
instruction shall establish guidelines for the intervention	50822
teams. The district shall pay the costs of the intervention	50823
team.	50824

(D) When a circumstance described in division (A) of this	50825
section applies to a school district for a third consecutive year,	50826
whether it is the same or a different circumstance as in the	50827
preceding years, the superintendent of public instruction shall	50828
either:	50829

(1) Establish an accountability compliance commission under	50830
section 3306.34 of the Revised Code;	50831

(2) Appoint a trustee who shall govern the district in place	50832
of the board of education of the school district until the	50833
beginning of the first year that none of the circumstances	50834
described in division (A) of this section apply to the district.	50835

(E) When a circumstance described in division (A) of this	50836
section applies to a school district for a fourth consecutive	50837
year, whether it is the same or a different circumstance as in	50838
the preceding years, the state board of education shall proceed	50839
under section 3301.16 of the Revised Code to revoke the	50840
district's charter.	50841

(F) At any time, the state board may proceed under section	50842
3301.16 of the Revised Code to revoke the charter of a school	50843
district that fails to meet the operating standards established	50844
under division (D)(3) of section 3301.07 of the Revised Code or	50845
fails to comply with this section.	50846

Sec. 3306.34. (A) Each accountability compliance commission	50847
appointed under division (D) of section 3306.33 of the Revised	50848
Code is a body both corporate and politic, constituting an agency	50849
and instrumentality of the state and performing essential	50850
governmental functions of the state. A commission shall be known	50851
as the "accountability compliance commission for ...............	50852
(name of school district)," and, in that name, may exercise all	50853
authority vested in such a commission by this section. A separate	50854
commission shall be established for each school district for	50855
which the superintendent of public instruction opts to establish	50856
a commission under division (D) of section 3306.33 of the Revised	50857
Code.	50858

(B) Each accountability commission shall consist of three	50859
members, one of whom shall be appointed by the governor, one of	50860
whom shall be appointed by the superintendent of public	50861
instruction, and one of whom shall be appointed by the auditor of	50862
state.	50863

All members shall serve at the pleasure of the appointing	50864
authority during the life of the commission. In the event of the	50865
death, resignation, incapacity, removal, or ineligibility to serve	50866
of a member, the appointing authority shall appoint a successor	50867
within fifteen days after the vacancy occurs. Members shall serve	50868
without compensation, but shall be paid by the commission their	50869
necessary and actual expenses incurred while engaged in the	50870
business of the commission.	50871

(C) Immediately after appointment of the initial members of	50872
an accountability compliance commission, the state superintendent	50873
shall call the first meeting of the commission and shall cause	50874
written notice of the time, date, and place of that meeting to be	50875
given to each member of the commission at least forty-eight hours	50876
in advance of the meeting. The first meeting shall include an	50877
overview of the commission's roles and responsibilities, the	50878
requirements of section 2921.42 and Chapter 102. of the Revised	50879
Code as they pertain to commission members, the requirements of	50880
section 121.22 of the Revised Code, and the provisions of division	50881
(F) of this section. At its first meeting, the commission shall	50882
adopt temporary bylaws in accordance with division (D) of this	50883
section to govern its operations until the adoption of permanent	50884
bylaws.	50885

The state superintendent shall designate a chairperson for	50886
the commission from among the members. The chairperson shall call	50887
and conduct meetings, set meeting agendas, and serve as a liaison	50888
between the commission and the district board of education. The	50889
chairperson also shall appoint a secretary, who shall not be a	50890
member of the commission.	50891

The department of education shall provide administrative	50892
support for the commission, provide data requested by the	50893
commission, and inform the commission of available state resources	50894
that could assist the commission in its work.	50895

(D) Each accountability compliance commission may adopt and	50896
alter bylaws and rules, which shall not be subject to section	50897
111.15 or Chapter 119. of the Revised Code, for the conduct of its	50898
affairs and for the manner, subject to this section, in which its	50899
powers and functions shall be exercised and embodied.	50900

(E) Two members of an accountability compliance commission	50901
constitute a quorum of the commission. The affirmative vote of two	50902
members of the commission is necessary for any action taken by	50903
vote of the commission. No vacancy in the membership of the	50904
commission shall impair the rights of a quorum by such vote to	50905
exercise all the rights and perform all the duties of the	50906
commission. Members of the commission are not disqualified from	50907
voting by reason of the functions of any other office they hold	50908
and are not disqualified from exercising the functions of the	50909
other office with respect to the school district, its officers, or	50910
the commission.	50911

(F) The members of an accountability compliance commission,	50912
the state superintendent, and any person authorized to act on	50913
behalf of or assist them shall not be personally liable or subject	50914
to any suit, judgment, or claim for damages resulting from the	50915
exercise of or failure to exercise the powers, duties, and	50916
functions granted to them in regard to their functioning under	50917
this section, but the commission, state superintendent, and such	50918
other persons shall be subject to mandamus proceedings to compel	50919
performance of their duties under this section.	50920

(G) Each member of an accountability compliance commission	50921
shall file the statement described in section 102.02 of the	50922
Revised Code with the Ohio ethics commission. The statement shall	50923
be confidential, subject to review, as described in division (B)	50924
of that section.	50925

(H) Meetings of each accountability compliance commission	50926
shall be subject to section 121.22 of the Revised Code.	50927

(I) Each accountability compliance commission shall seek	50928
input from the district board of education regarding ways to	50929
improve the district's operations and compliance with the	50930
requirements of this chapter and the expenditure and reporting	50931
standards prescribed by rule adopted under section 3306.25 of the	50932
Revised Code, but any decision of the commission related to any	50933
authority granted to the commission under this section shall be	50934
final.	50935

The commission may do any of the following:

50936

(1) Prepare and submit the school district's spending plan	50937
required under section 3306.30 and, if applicable, section	50938
3306.31 of the Revised Code;	50939

(2) Appoint school building administrators and reassign	50940
administrative personnel;	50941

(3) Terminate the contracts of administrators or	50942
administrative personnel. The commission shall not be required to	50943
comply with section 3319.16 of the Revised Code with respect to	50944
any contract terminated under this division.	50945

(4) Contract with a private entity to perform school or	50946
district management functions;	50947

(5) Establish a budget for the district and approve district	50948
appropriations and expenditures, unless a financial planning and	50949
supervision commission has been established for the district	50950
pursuant to section 3316.05 of the Revised Code;	50951

(6) Exercise the powers, duties, and functions with respect	50952
to the district as are granted to a financial planning and	50953
supervision commission with respect to a school district under	50954
divisions (A)(1) to (4) of section 3316.07 of the Revised Code,	50955
unless a financial planning and supervision commission has been	50956
established for the district.	50957

(J) If the board of education of a school district for which	50958
an accountability compliance commission has been established	50959
renews any collective bargaining agreement under Chapter 4117. of	50960
the Revised Code during the existence of the commission, the	50961
board shall not enter into any agreement that would render any	50962
decision of the commission unenforceable.	50963

(K) An accountability compliance commission shall cease to	50964
exist at the beginning of the first year that none of the	50965
circumstances described in division (A) of section 3306.33 of the	50966
Revised Code apply to the district.	50967

Sec. 3306.35. The department of education shall develop a	50968
form, which shall be known as the "Formula ACcountability and	50969
Transparency" form or "FACT" form. The department annually shall	50970
issue and publish on its web site a FACT form for each city,	50971
local, and exempted village school district. The form shall	50972
compare the payments to the district under each component	50973
prescribed by this chapter with the district's deployment of those	50974
payments as indicated in its spending plan submitted under	50975
section 3306.30 and, if applicable, 3306.31 of the Revised Code.	50976
The form shall not be the basis of any actions under section	50977
3306.33 of the Revised Code but shall be a public document to	50978
inform parents, students, and taxpayers about the district's	50979
spending.	50980

Sec. 3306.40. The board of education of a school district	50981
may apply to the superintendent of public instruction for a	50982
waiver of any standard or requirement of this chapter, including	50983
any applicable expenditure or reporting standard prescribed by	50984
rule adopted under section 3306.25 of the Revised Code, or a	50985
waiver of any operating standard adopted under division (D)(3) of	50986
section 3301.07 of the Revised Code.	50987

The state board of education shall adopt standards for the	50988
approval or disapproval of waivers under this section. The state	50989
superintendent shall consider every application for a waiver, and	50990
shall determine whether to grant or deny a waiver in accordance	50991
with the state board's standards. For each waiver granted, the	50992
state superintendent shall specify the period of time during which	50993
the waiver is in effect, which shall not exceed five years. A	50994
district may apply to renew a waiver.	50995

Sec. 3306.50. (A) The Harmon commission is hereby created.

50996

The commission shall consist of the following twenty-one	50997
members:	50998

(1) Six persons who are not also members of the general	50999
assembly, appointed by the president of the senate, upon	51000
consultation with the minority leader of the senate, two of whom	51001
are classroom teachers, two of whom are school administrators, and	51002
two of whom are instructors at an Ohio teacher preparation	51003
program;	51004

(2) Six persons who are not also members of the general	51005
assembly, appointed by the speaker of the house of	51006
representatives, upon consultation with the minority leader of the	51007
house of representatives, two of whom are classroom teachers, two	51008
of whom are school administrators, and two of whom are instructors	51009
at an Ohio teacher preparation program;	51010

(3) Nine persons appointed by the governor, three of whom are	51011
classroom teachers, three of whom are school administrators, and	51012
three of whom are instructors at an Ohio teacher preparation	51013
program.	51014

The members appointed under divisions (A)(1) and (2) of this	51015
section shall serve for the duration of the general assembly in	51016
which they were appointed.	51017

The members appointed under division (A)(3) of this section	51018
shall serve for the duration of the term of the governor in which	51019
they were appointed.	51020

Vacancies on the commission shall be filled in the manner of	51021
the initial appointments.	51022

(B) The chairperson of the commission shall be selected by	51023
the governor from among the members of the commission.	51024

(C) The members of the commission shall serve without	51025
compensation but shall be paid by the department of education	51026
their necessary and actual expenses incurred while engaged in the	51027
business of the commission.	51028

Sec. 3306.51. The Harmon commission shall review and approve	51029
or disapprove applications from city, exempted village, and local	51030
school districts and community schools established under Chapter	51031
3314. of the Revised Code for individual classrooms to be	51032
designated as creative learning environments. To be eligible for	51033
designation of one or more of its classrooms as a creative	51034
learning environment, a community school shall enter into a	51035
memorandum of understanding, approved by the department of	51036
education, with one or more school districts that specifies a	51037
collaborative agreement to share programming and resources to	51038
promote successful academic achievement for students and academic	51039
and fiscal efficiencies.	51040

The commission shall designate a classroom as a creative	51041
learning environment if the commission determines that the	51042
classroom supports and emphasizes innovation in instruction	51043
methods and lesson plans and operates in accordance with the	51044
guidelines adopted by the state board of education under section	51045
3306.52 of the Revised Code. Beginning July 1, 2010, a district	51046
or community school that has a classroom that is designated a	51047
creative learning environment may qualify for a grant or subsidy	51048
awarded by the commission under section 3306.58 of the Revised	51049
Code.	51050

Sec. 3306.52. The state board of education shall do both of	51051
the following:	51052

(A) Adopt guidelines for the Harmon commission to use in	51053
reviewing applications for creative learning environments.	51054

(B) Direct the department of education to provide staff to	51055
assist the commission in carrying out the commission's duties	51056
under sections 3306.50 to 3306.58 of the Revised Code.	51057

Sec. 3306.53. From January 1, 2010, through April 14, 2010,	51058
a city, exempted village, or local school district and a	51059
community school may submit to the Harmon commission an unlimited	51060
number of applications for first-time designation of individual	51061
classrooms as creative learning environments. No applications may	51062
be submitted between April 15, 2010, and July 1, 2010. After July	51063
1, 2010, each city, exempted village, or local school district	51064
and each eligible community school may submit only one application	51065
per fiscal year for first-time designation of one classroom as a	51066
creative learning environment.	51067

Sec. 3306.54. Not later than the first day of May each year,	51068
the Harmon commission shall begin meeting to review pending	51069
applications for first-time designations submitted under section	51070
3306.53 of the Revised Code. The commission shall approve or	51071
disapprove all pending applications by the first day of July. The	51072
decision of the commission is final.	51073

Sec. 3306.55. (A) The Harmon commission's first-time	51074
designation of a classroom as a creative learning environment is	51075
valid for one fiscal year. A school district or community school	51076
may apply to have the designation renewed. The commission shall	51077
renew the designation for the next two fiscal years if the school	51078
district or community school applies for the renewal and the	51079
commission finds that the classroom continues to meet the	51080
guidelines adopted under section 3306.52 of the Revised Code. The	51081
commission shall not renew the designation if the school district	51082
or community school does not apply for renewal or if the	51083
commission determines that the classroom no longer meets those	51084
guidelines.	51085

(B) At the end of a two-year renewal granted under division	51086
(A) of this section, and every two fiscal years thereafter, the	51087
designation of a classroom as a creative learning environment is	51088
automatically renewed, without need for application, for the next	51089
two fiscal years, unless the designation is revoked under division	51090
(C) of this section.	51091

(C) If the department of education at any time finds that the	51092
classroom is no longer operating in accordance with the standards	51093
adopted under section 3306.52 of the Revised Code, the department	51094
shall appeal the designation to the commission not later than the	51095
fifteenth day of February. The commission shall review the	51096
operation of the classroom and either continue the designation or	51097
revoke the designation. A revocation shall take effect on the	51098
first day of July following the department's appeal.	51099

(D) The decision of the commission under divisions (A) to (C)	51100
of this section is final.	51101

(E) If the commission does not renew a designation of a	51102
classroom under division (A) of this section or revokes that	51103
designation under division (C) of this section, the district or	51104
community school may reapply for designation of the classroom	51105
under section 3306.53 of the Revised Code. That application shall	51106
be treated as a new application for first-time designation.	51107

Sec. 3306.56. The city, exempted village, or local school	51108
district or community school that operates a classroom designated	51109
by the Harmon commission as a creative learning environment shall	51110
submit periodic progress reports on the operation and performance	51111
of the classroom to the department of education in the manner and	51112
by the deadlines prescribed by the department.	51113

Sec. 3306.57. The department of education may accept,	51114
receive, and expend gifts, devises, or bequests of money, lands,	51115
or other properties for operation of the Harmon commission and the	51116
award of grants and subsidies under section 3306.58 of the Revised	51117
Code. The state board of education may adopt rules for the purpose	51118
of enabling the department to carry out the conditions and	51119
limitations upon which a bequest, gift, or endowment is made.	51120

Sec. 3306.58. Beginning July 1, 2010, to the extent the	51121
Harmon commission determines that sufficient funds are available,	51122
the commission may award grants or stipends to school districts	51123
and community schools that have one or more of their classrooms	51124
designated as creative learning environments under section 3306.51	51125
of the Revised Code. The commission shall adopt procedures for	51126
application for and the award of grants or stipends under this	51127
section.	51128

Sec. 3307.31. (A) Payments by boards of education and	51129
governing authorities of community schools to the state teachers	51130
retirement system, as provided in sections 3307.29 and 3307.291 of	51131
the Revised Code, shall be made from the amount allocated under	51132
section 3314.08, Chapter 3306., or Chapter 3317. of the Revised	51133
Code prior to its distribution to the individual school districts	51134
or community schools. The amount due from each school district or	51135
community school shall be certified by the secretary of the	51136
system to the superintendent of public instruction monthly, or at	51137
such times as may be determined by the state teachers retirement	51138
board.	51139

The superintendent shall deduct, from the amount allocated to	51140
each district or community school under section 3314.08, Chapter	51141
3306., or Chapter 3317. of the Revised Code, the entire amounts	51142
due to the system from such district or school upon the	51143
certification to the superintendent by the secretary thereof.	51144

The superintendent shall certify to the director of budget	51145
and management the amounts thus due the system for payment.	51146

(B) Payments to the state teachers retirement system by a	51147
science, technology, engineering, and mathematics school shall be	51148
deducted from the amount allocated under section 3326.33 of the	51149
Revised Code and shall be made in the same manner as payments by	51150
boards of education under this section.	51151

Sec. 3307.64. A disability benefit recipient,	51152
notwithstanding section 3319.13 of the Revised Code, shall retain	51153
membership in the state teachers retirement system and shall be	51154
considered on leave of absence during the first five years	51155
following the effective date of a disability benefit.	51156

The state teachers retirement board shall require any	51157
disability benefit recipient to submit to an annual medical	51158
examination by a physician selected by the board, except that the	51159
board may waive the medical examination if the board's physician	51160
certifies that the recipient's disability is ongoing. If a	51161
disability benefit recipient refuses to submit to a medical	51162
examination, the recipient's disability benefit shall be suspended	51163
until the recipient withdraws the refusal. If the refusal	51164
continues for one year, all the recipient's rights under and to	51165
the disability benefit shall be terminated as of the effective	51166
date of the original suspension.	51167

After the examination, the examiner shall report and certify	51168
to the board whether the disability benefit recipient is no longer	51169
physically and mentally incapable of resuming the service from	51170
which the recipient was found disabled. If the board concurs in a	51171
report by the examining physician that the disability benefit	51172
recipient is no longer incapable, the payment of a disability	51173
benefit shall be terminated not later than the following	51174
thirty-first day of August or upon employment as a teacher prior	51175
thereto. If the leave of absence has not expired, the board shall	51176
so certify to the disability benefit recipient's last employer	51177
before being found disabled that the recipient is no longer	51178
physically and mentally incapable of resuming service that is the	51179
same or similar to that from which the recipient was found	51180
disabled. If the recipient was under contract at the time the	51181
recipient was found disabled, the employer by the first day of the	51182
next succeeding year shall restore the recipient to the	51183
recipient's previous position and salary or to a position and	51184
salary similar thereto, unless the recipient was dismissed or	51185
resigned in lieu of dismissal for dishonesty, misfeasance,	51186
malfeasance, or conviction of a felony.	51187

A disability benefit shall terminate if the disability	51188
benefit recipient becomes employed as a teacher in any public or	51189
private school or institution in this state or elsewhere. An	51190
individual receiving a disability benefit from the system shall be	51191
ineligible for any employment as a teacher and it shall be	51192
unlawful for any employer to employ the individual as a teacher.	51193
If any employer should employ or reemploy the individual prior to	51194
the termination of a disability benefit, the employer shall file	51195
notice of employment with the board designating the date of the	51196
employment. If the individual should be paid both a disability	51197
benefit and also compensation for teaching service for all or any	51198
part of the same month, the secretary of the board shall certify	51199
to the employer or to the superintendent of public instruction the	51200
amount of the disability benefit received by the individual during	51201
the employment, which amount shall be deducted from any amount due	51202
the employing district under ~~Chapter~~Chapters 3306. and 3317. of	51203
the Revised Code or shall be paid by the employer to the annuity	51204
and pension reserve fund.	51205

Each disability benefit recipient shall file with the board	51206
an annual statement of earnings, current medical information on	51207
the recipient's condition, and any other information required in	51208
rules adopted by the board. The board may waive the requirement	51209
that a disability benefit recipient file an annual statement of	51210
earnings or current medical information if the board's physician	51211
certifies that the recipient's disability is ongoing.	51212

The board shall annually examine the information submitted by	51213
the recipient. If a disability benefit recipient refuses to file	51214
the statement or information, the disability benefit shall be	51215
suspended until the statement and information are filed. If the	51216
refusal continues for one year, the recipient's right to the	51217
disability benefit shall be terminated as of the effective date of	51218
the original suspension.	51219

A disability benefit also may be terminated by the board at	51220
the request of the disability benefit recipient.	51221

If disability retirement under section 3307.63 of the Revised	51222
Code is terminated for any reason, the annuity and pension	51223
reserves at that time in the annuity and pension reserve fund	51224
shall be transferred to the teachers' savings fund and the	51225
employers' trust fund, respectively. If the total disability	51226
benefit paid was less than the amount of the accumulated	51227
contributions of the member transferred to the annuity and pension	51228
reserve fund at the time of the member's disability retirement,	51229
then the difference shall be transferred from the annuity and	51230
pension reserve fund to another fund as required. In determining	51231
the amount of a member's account following the termination of	51232
disability retirement for any reason, the total amount paid shall	51233
be charged against the member's refundable account.	51234

If a disability allowance paid under section 3307.631 of the	51235
Revised Code is terminated for any reason, the reserve on the	51236
allowance at that time in the annuity and pension reserve fund	51237
shall be transferred from that fund to the employers' trust fund.	51238

If a former disability benefit recipient again becomes a	51239
contributor, other than as an other system retirant under section	51240
3307.35 of the Revised Code, to this retirement system, the school	51241
employees retirement system, or the public employees retirement	51242
system, and completes at least two additional years of service	51243
credit, the former disability benefit recipient shall receive	51244
credit for the period as a disability benefit recipient.	51245

Sec. 3309.41. (A) A disability benefit recipient shall	51246
retain membership status and shall be considered on leave of	51247
absence from employment during the first five years following the	51248
effective date of a disability benefit, notwithstanding any	51249
contrary provisions in Chapter 124. or 3319. of the Revised Code.	51250

(B) The school employees retirement board shall require a	51251
disability benefit recipient to undergo an annual medical	51252
examination, except that the board may waive the medical	51253
examination if the board's physician or physicians certify that	51254
the recipient's disability is ongoing. Should any disability	51255
benefit recipient refuse to submit to a medical examination, the	51256
recipient's disability benefit shall be suspended until withdrawal	51257
of the refusal. Should the refusal continue for one year, all the	51258
recipient's rights in and to the disability benefit shall be	51259
terminated as of the effective date of the original suspension.	51260

(C) On completion of the examination by an examining	51261
physician or physicians selected by the board, the physician or	51262
physicians shall report and certify to the board whether the	51263
disability benefit recipient is no longer physically and mentally	51264
incapable of resuming the service from which the recipient was	51265
found disabled. If the board concurs in the report that the	51266
disability benefit recipient is no longer incapable, the payment	51267
of the disability benefit shall be terminated not later than three	51268
months after the date of the board's concurrence or upon	51269
employment as an employee. If the leave of absence has not	51270
expired, the retirement board shall certify to the disability	51271
benefit recipient's last employer before being found disabled that	51272
the recipient is no longer physically and mentally incapable of	51273
resuming service that is the same or similar to that from which	51274
the recipient was found disabled. The employer shall restore the	51275
recipient to the recipient's previous position and salary or to a	51276
position and salary similar thereto not later than the first day	51277
of the first month following termination of the disability	51278
benefit, unless the recipient was dismissed or resigned in lieu of	51279
dismissal for dishonesty, misfeasance, malfeasance, or conviction	51280
of a felony.	51281

(D) Each disability benefit recipient shall file with the	51282
board an annual statement of earnings, current medical information	51283
on the recipient's condition, and any other information required	51284
in rules adopted by the board. The board may waive the requirement	51285
that a disability benefit recipient file an annual statement of	51286
earnings or current medical information on the recipient's	51287
condition if the board's physician or physicians certify that the	51288
recipient's disability is ongoing.	51289

The board shall annually examine the information submitted by	51290
the recipient. If a disability benefit recipient refuses to file	51291
the statement or information, the disability benefit shall be	51292
suspended until the statement and information are filed. If the	51293
refusal continues for one year, the recipient's right to the	51294
disability benefit shall be terminated as of the effective date of	51295
the original suspension.	51296

(E) If a disability benefit recipient is employed by an	51297
employer covered by this chapter, the recipient's disability	51298
benefit shall cease.	51299

(F) If disability retirement under section 3309.40 of the	51300
Revised Code is terminated for any reason, the annuity and pension	51301
reserves at that time in the annuity and pension reserve fund	51302
shall be transferred to the employees' savings fund and the	51303
employers' trust fund, respectively. If the total disability	51304
benefit paid is less than the amount of the accumulated	51305
contributions of the member transferred into the annuity and	51306
pension reserve fund at the time of the member's disability	51307
retirement, the difference shall be transferred from the annuity	51308
and pension reserve fund to another fund as may be required. In	51309
determining the amount of a member's account following the	51310
termination of disability retirement for any reason, the amount	51311
paid shall be charged against the member's refundable account.	51312

If a disability allowance paid under section 3309.401 of the	51313
Revised Code is terminated for any reason, the reserve on the	51314
allowance at that time in the annuity and pension reserve fund	51315
shall be transferred from that fund to the employers' trust fund.	51316

The board may terminate a disability benefit at the request	51317
of the recipient.	51318

(G) If a disability benefit is terminated and a former	51319
disability benefit recipient again becomes a contributor, other	51320
than as an other system retirant as defined in section 3309.341 of	51321
the Revised Code, to this system, the public employees retirement	51322
system, or the state teachers retirement system, and completes an	51323
additional two years of service credit after the termination of	51324
the disability benefit, the former disability benefit recipient	51325
shall be entitled to full service credit for the period as a	51326
disability benefit recipient.	51327

(H) If any employer employs any member who is receiving a	51328
disability benefit, the employer shall file notice of employment	51329
with the retirement board, designating the date of employment. In	51330
case the notice is not filed, the total amount of the benefit paid	51331
during the period of employment prior to notice shall be paid from	51332
amounts allocated under ~~Chapter~~Chapters 3306. and 3317. of the	51333
Revised Code prior to its distribution to the school district in	51334
which the disability benefit recipient was so employed.	51335

Sec. 3309.48. Any employee who left the service of an	51336
employer after attaining age sixty-five or over and such employer	51337
had failed or refused to deduct and transmit to the school	51338
employees retirement system the employee contributions as required	51339
by section 3309.47 of the Revised Code during any year for which	51340
membership was compulsory as determined by the school employees	51341
retirement board, shall be granted service credit without cost,	51342
which shall be considered as total service credit for the purposes	51343
of meeting the qualifications for service retirement provided by	51344
the law in effect on and retroactive to the first eligible	51345
retirement date following the date such employment terminated, but	51346
shall not be paid until formal application for such allowance on a	51347
form provided by the retirement board is received in the office of	51348
the retirement system. The total service credit granted under this	51349
section shall not exceed ten years for any such employee.	51350

The liability incurred by the retirement board because of the	51351
service credit granted under this section shall be determined by	51352
the retirement board, the cost of which shall be equal to an	51353
amount that is determined by applying the combined employee and	51354
employer rates of contribution against the compensation of such	51355
employee at the rates of contribution and maximum salary	51356
provisions in effect during such employment for each year for	51357
which credit is granted, together with interest at the rate to be	51358
credited accumulated contributions at retirement, compounded	51359
annually from the first day of the month payment was due the	51360
retirement system to and including the month of deposit, the total	51361
amount of which shall be collected from the employer. Such amounts	51362
shall be certified by the retirement board to the superintendent	51363
of public instruction, who shall deduct the amount due the system	51364
from any funds due the affected school district under ~~Chapter~~	51365
Chapters 3306. and 3317. of the Revised Code. The superintendent	51366
shall certify to the director of budget and management the amount	51367
due the system for payment. The total amount paid shall be	51368
deposited into the employers' trust fund, and shall not be	51369
considered as accumulated contributions of the employee in the	51370
event of ~~his~~the employee's death or withdrawal of funds.	51371

Sec. 3309.51. (A) Each employer shall pay annually into the	51372
employers' trust fund, in such monthly or less frequent	51373
installments as the school employees retirement board requires, an	51374
amount certified by the school employees retirement board, which	51375
shall be as required by Chapter 3309. of the Revised Code.	51376

Payments by school district boards of education to the	51377
employers' trust fund of the school employees retirement system	51378
may be made from the amounts allocated under ~~Chapter~~Chapters	51379
3306. and 3317. of the Revised Code prior to their distribution to	51380
the individual school districts. The amount due from each school	51381
district may be certified by the secretary of the system to the	51382
superintendent of public instruction monthly, or at such times as	51383
is determined by the school employees retirement board.	51384

Payments by governing authorities of community schools to the	51385
employers' trust fund of the school employees retirement system	51386
shall be made from the amounts allocated under section 3314.08 of	51387
the Revised Code prior to their distribution to the individual	51388
community schools. The amount due from each community school	51389
shall be certified by the secretary of the system to the	51390
superintendent of public instruction monthly, or at such times	51391
as determined by the school employees retirement board.	51392

Payments by a science, technology, engineering, and	51393
mathematics school to the employers' trust fund of the school	51394
employees retirement system shall be made from the amounts	51395
allocated under section 3326.33 of the Revised Code prior to	51396
their distribution to the school. The amount due from a science,	51397
technology, engineering, and mathematics school shall be	51398
certified by the secretary of the school employees retirement	51399
system to the superintendent of public instruction monthly, or	51400
at such times as determined by the school employees retirement	51401
board.	51402

(B) The superintendent shall deduct from the amount allocated	51403
to each community school under section 3314.08 of the Revised	51404
Code, to each school district under ~~Chapter~~Chapters 3306. and	51405
3317. of the Revised Code, or to each science, technology,	51406
engineering, and mathematics school under section 3326.33 of the	51407
Revised Code the entire amounts due to the school employees	51408
retirement system from such school or school district upon the	51409
certification to the superintendent by the secretary thereof.	51410

(C) Where an employer fails or has failed or refuses to make	51411
payments to the employers' trust fund, as provided for under	51412
Chapter 3309. of the Revised Code, the secretary of the school	51413
employees retirement system may certify to the state	51414
superintendent of public instruction, monthly or at such times as	51415
is determined by the school employees retirement board, the amount	51416
due from such employer, and the superintendent shall deduct from	51417
the amount allocated to the employer under section 3314.08 or	51418
3326.33 or Chapter 3306. or 3317. of the Revised Code, as	51419
applicable, the entire amounts due to the system from the	51420
employer upon the certification to the superintendent by the	51421
secretary of the school employees retirement system.	51422

(D) The superintendent shall certify to the director of	51423
budget and management the amounts thus due the system for	51424
payment.	51425

Sec. 3310.03. (A) A student is an "eligible student" for	51426
purposes of the educational choice scholarship pilot program if	51427
the student's resident district is not a school district in which	51428
the pilot project scholarship program is operating under sections	51429
3313.974 to 3313.979 of the Revised Code and the student satisfies	51430
one of the following conditions:	51431

(1) The student is enrolled in a school building that is	51432
operated by the student's resident district and to which both of	51433
the following apply:	51434

(a) The building was declared, in at least two of the three	51435
most recent ratings of school buildings published prior to the	51436
first day of July of the school year for which a scholarship is	51437
sought, to be in a state of academic emergency or academic watch	51438
under section 3302.03 of the Revised Code;	51439

(b) The building was not declared to be excellent or	51440
effective under that section in the most recent rating published	51441
prior to the first day of July of the school year for which a	51442
scholarship is sought.	51443

(2) The student is eligible to enroll in kindergarten in the	51444
school year for which a scholarship is sought and otherwise would	51445
be assigned under section 3319.01 of the Revised Code to a school	51446
building described in division (A)(1) of this section.	51447

(3) The student is enrolled in a community school established	51448
under Chapter 3314. of the Revised Code but otherwise would be	51449
assigned under section 3319.01 of the Revised Code to a building	51450
described in division (A)(1) of this section.	51451

(4) The student is enrolled in a school building that is	51452
operated by the student's resident district or in a community	51453
school established under Chapter 3314. of the Revised Code and	51454
otherwise would be assigned under section 3319.01 of the Revised	51455
Code to a school building described in division (A)(1) of this	51456
section in the school year for which the scholarship is sought.	51457

(5) The student is eligible to enroll in kindergarten in the	51458
school year for which a scholarship is sought, or is enrolled in a	51459
community school established under Chapter 3314. of the Revised	51460
Code, and all of the following apply to the student's resident	51461
district:	51462

(a) The district has in force an intradistrict open	51463
enrollment policy under which no student in kindergarten or the	51464
community school student's grade level, respectively, is	51465
automatically assigned to a particular school building;	51466

(b) In at least two of the three most recent ratings of	51467
school districts published prior to the first day of July of the	51468
school year for which a scholarship is sought, the district was	51469
declared to be in a state of academic emergency under section	51470
3302.03 of the Revised Code;	51471

(c) The district was not declared to be excellent or	51472
effective under that section in the most recent rating published	51473
prior to the first day of July of the school year for which a	51474
scholarship is sought.	51475

(6) The student is enrolled in a new school building that is	51476
operated by the student's resident district and to which all of	51477
the following apply:	51478

(a) The new building is open for instruction for its second	51479
or third school year.	51480

(b) For the first school year that the new building was open	51481
for instruction, at least seventy-five per cent of the enrolled	51482
students had transferred directly from two or more school	51483
buildings that closed and to each of which all of the following	51484
apply:	51485

(i) The closed buildings were operated by the same school	51486
district that operates the new building.	51487

(ii) The closed buildings offered at least some of the grade	51488
levels that the new building also offers.	51489

(iii) The closed buildings were declared, for at least two of	51490
their last three ratings under section 3302.03 of the Revised	51491
Code, to be in a state of academic emergency or academic watch.	51492

(iv) The closed buildings were not declared to be excellent	51493
or effective in their last rating under section 3302.03 of the	51494
Revised Code.	51495

(c) If the new building is conducting its second school year	51496
of instruction, the building was declared, based on its first	51497
school year of instruction, to be in a state of academic emergency	51498
or academic watch under section 3302.03 of the Revised Code.	51499

(d) If the new building is conducting its third school year	51500
of instruction, the building was declared, based on either its	51501
first or second school year of instruction, to be in a state of	51502
academic emergency or academic watch under section 3302.03 of the	51503
Revised Code, but was not declared to be excellent or effective	51504
under that section based on its second school year of instruction.	51505

(7) The student is eligible to enroll in kindergarten in the	51506
school year for which a scholarship is sought and otherwise would	51507
be assigned under section 3319.01 of the Revised Code to a school	51508
building described in division (A)(6) of this section.	51509

(8) The student is enrolled in a community school established	51510
under Chapter 3314. of the Revised Code but otherwise would be	51511
assigned under section 3319.01 of the Revised Code to a building	51512
described in division (A)(6) of this section.	51513

(B) A student who receives a scholarship under the	51514
educational choice scholarship pilot program remains an eligible	51515
student and may continue to receive scholarships in subsequent	51516
school years until the student completes grade twelve, so long as	51517
all of the following apply:	51518

(1) The student's resident district remains the same, or the	51519
student transfers to a new resident district and otherwise would	51520
be assigned in the new resident district to a school building	51521
described in division (A)(1) or (6) of this section;	51522

(2) The student takes each ~~state test~~assessment prescribed	51523
for the student's grade level under section 3301.0710 or	51524
3301.0712 of the Revised Code while enrolled in a chartered	51525
nonpublic school;	51526

(3) In each school year that the student is enrolled in a	51527
chartered nonpublic school, the student is absent from school for	51528
not more than twenty days that the school is open for instruction,	51529
not including excused absences.	51530

(C) The department shall cease awarding first-time	51531
scholarships pursuant to divisions (A)(1) to (4) of this section	51532
with respect to a school building that, in the most recent ratings	51533
of school buildings published under section 3302.03 of the Revised	51534
Code prior to the first day of July of the school year, ceases to	51535
meet the criteria in division (A)(1) of this section. The	51536
department shall cease awarding first-time scholarships pursuant	51537
to division (A)(5) of this section with respect to a school	51538
district that, in the most recent ratings of school districts	51539
published under section 3302.03 of the Revised Code prior to the	51540
first day of July of the school year, ceases to meet the criteria	51541
in division (A)(5) of this section. However, students who have	51542
received scholarships in the prior school year remain eligible	51543
students pursuant to division (B) of this section.	51544

(D) The state board of education shall adopt rules defining	51545
excused absences for purposes of division (B)(3) of this section.	51546

Sec. 3310.08. (A) The amount paid for an eligible student	51547
under the educational choice scholarship pilot program shall be	51548
the lesser of the tuition of the chartered nonpublic school in	51549
which the student is enrolled or the maximum amount prescribed in	51550
section 3310.09 of the Revised Code.	51551

(B)(1) The department shall pay to the parent of each	51552
eligible student for whom a scholarship is awarded under the	51553
program, or to the student if at least eighteen years of age,	51554
periodic partial payments of the scholarship.	51555

(2) The department shall proportionately reduce or terminate	51556
the payments for any student who withdraws from a chartered	51557
nonpublic school prior to the end of the school year.	51558

(C)(1) The department shall deduct five thousand two hundred	51559
dollars from the payments made to each school district under	51560
~~Chapter~~Chapters 3306. and 3317. and, if necessary, sections	51561
321.24 and 323.156 of the Revised Code ~~one of the following~~	51562
~~amounts, as applicable~~, for each eligible student awarded a	51563
scholarship under the educational choice scholarship pilot	51564
program who is entitled under section 3313.64 or 3313.65 of the	51565
Revised Code to attend school in the district:	51566

~~(a) For each scholarship student enrolled in kindergarten,~~	51567
~~two thousand seven hundred dollars;~~	51568

~~(b) For each scholarship student enrolled in grades one to~~	51569
~~twelve, five thousand two hundred dollars~~.	51570

The amount deducted under division (C)(1) of this section	51571
funds scholarships for students under both the educational choice	51572
scholarship pilot program and the pilot project scholarship	51573
program under sections 3313.974 to 3313.979 of the Revised Code.	51574

(2) If the department reduces or terminates payments to a	51575
parent or a student, as prescribed in division (B)(2) of this	51576
section, and the student enrolls in the schools of the student's	51577
resident district or in a community school, established under	51578
Chapter 3314. of the Revised Code, before the end of the school	51579
year, the department shall proportionally restore to the resident	51580
district the amount deducted for that student under division	51581
(C)(1) of this section.	51582

(D) In the case of any school district from which a deduction	51583
is made under division (C) of this section, the department shall	51584
disclose on the district's SF-3 form, or any successor to that	51585
form used to calculate a district's state funding for operating	51586
expenses, a comparison of the following:	51587

(1) The district's ~~state base-cost~~state share of the	51588
adequacy amount payment, as calculated under ~~division (A)(1) of~~	51589
section ~~3317.022~~3306.13 of the Revised Code ~~prior to making the~~	51590
~~adjustments under divisions (A)(2) and (3) of that section,~~ with	51591
the scholarship students included in the district's formula ADM;	51592

(2) What the district's state ~~base-cost~~share of the	51593
adequacy amount payment would have been, as calculated under	51594
~~division (A)(1) of~~ that section ~~prior to making the adjustments~~	51595
~~under divisions (A)(2) and (3) of that section,~~ if the scholarship	51596
students were not included in the district's formula ADM.	51597

This comparison shall display both the aggregate difference	51598
between the amounts described in divisions (D)(1) and (2) of this	51599
section, and the quotient of that aggregate difference divided by	51600
the number of eligible students for whom deductions are made under	51601
division (C) of this section.	51602

Sec. 3310.09. ~~(A)~~ The maximum amount awarded to an eligible	51603
student ~~in fiscal year 2007~~ under the educational choice	51604
scholarship pilot program shall be as follows:	51605

~~(1)~~(A) For grades kindergarten through eight, four thousand	51606
~~two~~five hundred ~~fifty~~ dollars;	51607

~~(2)~~(B) For grades nine through twelve, five thousand three	51608
hundred dollars.	51609

~~(B) In fiscal year 2008 and in each fiscal year thereafter,~~	51610
~~the maximum amount awarded under the program shall be the~~	51611
~~applicable maximum amount awarded in the previous fiscal year~~	51612
~~increased by the same percentage by which the general assembly~~	51613
~~increased the formula amount, as defined in section 3317.02 of the~~	51614
~~Revised Code, from the previous fiscal year.~~	51615

Sec. 3310.11. (A) Only for the purpose of administering the	51616
educational choice scholarship pilot program, the department of	51617
education may request from any of the following entities the data	51618
verification code assigned under division (D)(2) of section	51619
3301.0714 of the Revised Code to any student who is seeking a	51620
scholarship under the program:	51621

(1) The student's resident district;

51622

(2) If applicable, the community school in which that student	51623
is enrolled;	51624

(3) The independent contractor engaged to create and maintain	51625
student data verification codes.	51626

(B) Upon a request by the department under division (A) of	51627
this section for the data verification code of a student seeking a	51628
scholarship or a request by the student's parent for that code,	51629
the school district or community school shall submit that code to	51630
the department or parent in the manner specified by the	51631
department. If the student has not been assigned a code, because	51632
the student will be entering kindergarten during the school year	51633
for which the scholarship is sought, the district shall assign a	51634
code to that student and submit the code to the department or	51635
parent by a date specified by the department. If the district does	51636
not assign a code to the student by the specified date, the	51637
department shall assign a code to that student.	51638

The department annually shall submit to each school district	51639
the name and data verification code of each student residing in	51640
the district who is entering kindergarten, who has been awarded a	51641
scholarship under the program, and for whom the department has	51642
assigned a code under this division.	51643

(C) For the purpose of administering the applicable ~~tests~~	51644
assessments prescribed under sections 3301.0710 and 3301.0712 of	51645
the Revised Code, as required by section 3310.14 of the Revised	51646
Code, the department shall provide to each chartered nonpublic	51647
school that enrolls a scholarship student the data verification	51648
code for that student.	51649

(D) The department and each chartered nonpublic school that	51650
receives a data verification code under this section shall not	51651
release that code to any person except as provided by law.	51652

Any document relative to this program that the department	51653
holds in its files that contains both a student's name or other	51654
personally identifiable information and the student's data	51655
verification code shall not be a public record under section	51656
149.43 of the Revised Code.	51657

Sec. 3310.14. Notwithstanding division (K) of section	51658
3301.0711 of the Revised Code, each chartered nonpublic school	51659
that enrolls students awarded scholarships under sections 3310.01	51660
to 3310.17 of the Revised Code annually shall administer the ~~tests~~	51661
assessments prescribed by section 3301.0710 or 3301.0712 of the	51662
Revised Code to each scholarship student enrolled in the school	51663
in accordance with section 3301.0711 of the Revised Code. Each	51664
chartered nonpublic school shall report to the department of	51665
education the results of each ~~test~~assessment administered to	51666
each scholarship student under this section.	51667

Nothing in this section requires a chartered nonpublic school	51668
to administer any achievement ~~test~~assessment, except for an Ohio	51669
graduation test prescribed by division (B)(1) of section	51670
3301.0710 of the Revised Code, as required by section 3313.612 of	51671
the Revised Code, to any student enrolled in the school who is	51672
not a scholarship student.	51673

Sec. 3310.15. (A) The department of education annually	51674
shall compile the scores attained by scholarship students to whom	51675
an assessment is administered under section 3310.14 of the Revised	51676
Code. The scores shall be aggregated as follows:	51677

(1) By state, which shall include all students awarded a	51678
scholarship under the educational choice scholarship pilot program	51679
and who were required to take an assessment under section 3310.14	51680
of the Revised Code;	51681

(2) By school district, which shall include all scholarship	51682
students who were required to take an assessment under section	51683
3310.14 of the Revised Code and for whom the district is the	51684
student's resident district;	51685

(3) By chartered nonpublic school, which shall include all	51686
scholarship students enrolled in that school who were required to	51687
take an assessment under section 3310.14 of the Revised Code.	51688

(B) The department shall disaggregate the student performance	51689
data described in division (A) of this section according to the	51690
following categories:	51691

(1) Age;

51692

(2) Race and ethnicity;

51693

(3) Gender;

51694

(4) Students who have participated in the scholarship program	51695
for three or more years;	51696

(5) Students who have participated in the scholarship program	51697
for more than one year and less than three years;	51698

(6) Students who have participated in the scholarship program	51699
for one year or less;	51700

(7) Economically disadvantaged students.

51701

(C) The department shall post the student performance data	51702
required under divisions (A) and (B) of this section on its web	51703
site and, by the first day of February each year, shall distribute	51704
that data to the parent of each eligible student. In reporting	51705
student performance data under this division, the department shall	51706
not include any data that is statistically unreliable or that	51707
could result in the identification of individual students. For	51708
this purpose, the department shall not report performance data for	51709
any group that contains less than ten students.	51710

(D) The department shall provide the parent of each	51711
scholarship student with information comparing the student's	51712
performance on the assessments administered under section 3310.14	51713
of the Revised Code with the average performance of similar	51714
students enrolled in the building operated by the student's	51715
resident district that the scholarship student would otherwise	51716
attend. In calculating the performance of similar students, the	51717
department shall consider age, grade, race and ethnicity, gender,	51718
and socioeconomic status.	51719

Sec. 3310.41. (A) As used in this section:

51720

(1) "Alternative public provider" means either of the	51721
following providers that agrees to enroll a child in the	51722
provider's special education program to implement the child's	51723
individualized education program and to which the child's parent	51724
owes fees for the services provided to the child:	51725

(a) A school district that is not the school district in	51726
which the child is entitled to attend school;	51727

(b) A public entity other than a school district.

51728

(2) "Entitled to attend school" means entitled to attend	51729
school in a school district under section 3313.64 or 3313.65 of	51730
the Revised Code.	51731

(3) "Formula ADM" and "category six special education ADM"	51732
have the same meanings as in section 3317.02 of the Revised Code.	51733

(4) "Preschool child with a disability" and "individualized	51734
education program" have the same meanings as in section 3323.01	51735
of the Revised Code.	51736

(5) "Parent" has the same meaning as in section 3313.64 of	51737
the Revised Code, except that "parent" does not mean a parent	51738
whose custodial rights have been terminated.	51739

(6) "Preschool scholarship ADM" means the number of	51740
preschool children with disabilities reported under division	51741
(B)(3)(h) of section 3317.03 of the Revised Code.	51742

(7) "Qualified special education child" is a child for whom	51743
all of the following conditions apply:	51744

(a) The school district in which the child is entitled to	51745
attend school has identified the child as autistic. A child who	51746
has been identified as having a "pervasive developmental disorder	51747
- not otherwise specified (PPD-NOS)" shall be considered to be an	51748
autistic child for purposes of this section.	51749

(b) The school district in which the child is entitled to	51750
attend school has developed an individualized education program	51751
under Chapter 3323. of the Revised Code for the child.	51752

51753

(i) Was enrolled in the school district in which the child is	51754
entitled to attend school in any grade from preschool through	51755
twelve in the school year prior to the year in which a scholarship	51756
under this section is first sought for the child; or	51757

(ii) Is eligible to enter school in any grade preschool	51758
through twelve in the school district in which the child is	51759
entitled to attend school in the school year in which a	51760
scholarship under this section is first sought for the child.	51761

(8) "Registered private provider" means a nonpublic school or	51762
other nonpublic entity that has been approved by the department	51763
of education to participate in the program established under this	51764
section.	51765

(9) "Special education program" means a school or facility	51766
that provides special education and related services to children	51767
with disabilities.	51768

(B) There is hereby established the autism scholarship	51769
program. Under the program, the department of education shall pay	51770
a scholarship to the parent of each qualified special education	51771
child upon application of that parent pursuant to procedures and	51772
deadlines established by rule of the state board of education.	51773
Each scholarship shall be used only to pay tuition for the child	51774
on whose behalf the scholarship is awarded to attend a special	51775
education program that implements the child's individualized	51776
education program and that is operated by an alternative public	51777
provider or by a registered private provider. Each scholarship	51778
shall be in an amount not to exceed the lesser of the tuition	51779
charged for the child by the special education program or twenty	51780
thousand dollars. The purpose of the scholarship is to permit the	51781
parent of a qualified special education child the choice to send	51782
the child to a special education program, instead of the one	51783
operated by or for the school district in which the child is	51784
entitled to attend school, to receive the services prescribed in	51785
the child's individualized education program once the	51786
individualized education program is finalized. A scholarship under	51787
this section shall not be awarded to the parent of a child while	51788
the child's individualized education program is being developed by	51789
the school district in which the child is entitled to attend	51790
school, or while any administrative or judicial mediation or	51791
proceedings with respect to the content of the child's	51792
individualized education program are pending. A scholarship under	51793
this section shall not be used for a child to attend a public	51794
special education program that operates under a contract, compact,	51795
or other bilateral agreement between the school district in which	51796
the child is entitled to attend school and another school district	51797
or other public provider, or for a child to attend a community	51798
school established under Chapter 3314. of the Revised Code.	51799
However, nothing in this section or in any rule adopted by the	51800
state board shall prohibit a parent whose child attends a public	51801
special education program under a contract, compact, or other	51802
bilateral agreement, or a parent whose child attends a community	51803
school, from applying for and accepting a scholarship under this	51804
section so that the parent may withdraw the child from that	51805
program or community school and use the scholarship for the child	51806
to attend a special education program for which the parent is	51807
required to pay for services for the child. A child attending a	51808
special education program with a scholarship under this section	51809
shall continue to be entitled to transportation to and from that	51810
program in the manner prescribed by law.	51811

(C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and	51812
(B)(10) of section 3317.03 of the Revised Code, a child who is not	51813
a preschool child with a disability for whom a scholarship is	51814
awarded under this section shall be counted in the formula ADM	51815
and the category six special education ADM of the district in	51816
which the child is entitled to attend school and not in the	51817
formula ADM and the category six special education ADM of any	51818
other school district. As prescribed in divisions (B)(3)(h) and	51819
(B)(10) of section 3317.03 of the Revised Code, a child who is a	51820
preschool child with a disability for whom a scholarship is	51821
awarded under this section shall be counted in the preschool	51822
scholarship ADM and category six special education ADM of the	51823
school district in which the child is entitled to attend school	51824
and not in the preschool scholarship ADM or category six special	51825
education ADM of any other school district.	51826

(2) In each fiscal year, the department shall deduct from the	51827
amounts paid to each school district under ~~Chapter~~Chapters 3306.	51828
and 3317. of the Revised Code, and, if necessary, sections 321.24	51829
and 323.156 of the Revised Code, the aggregate amount of	51830
scholarships awarded under this section for qualified special	51831
education children included in the formula ADM, or preschool	51832
scholarship ADM, and in the category six special education ADM of	51833
that school district as provided in division (C)(1) of this	51834
section. ~~The~~When computing the school district's instructional	51835
services support under section 3306.05 of the Revised Code, the	51836
department shall add the district's preschool scholarship ADM to	51837
the district's formula ADM.	51838

The scholarships deducted shall be considered as an approved	51839
special education and related services expense ~~for the purpose~~ of	51840
the school ~~district's compliance with division (C)(5) of section~~	51841
~~3317.022 of the Revised Code~~district.	51842

(3) From time to time, the department shall make a payment to	51843
the parent of each qualified special education child for whom a	51844
scholarship has been awarded under this section. The scholarship	51845
amount shall be proportionately reduced in the case of any such	51846
child who is not enrolled in the special education program for	51847
which a scholarship was awarded under this section for the entire	51848
school year. The department shall make no payments to the parent	51849
of a child while any administrative or judicial mediation or	51850
proceedings with respect to the content of the child's	51851
individualized education program are pending.	51852

(D) A scholarship shall not be paid to a parent for payment	51853
of tuition owed to a nonpublic entity unless that entity is a	51854
registered private provider. The department shall approve	51855
entities that meet the standards established by rule of the state	51856
board for the program established under this section.	51857

(E) The state board shall adopt rules under Chapter 119. of	51858
the Revised Code prescribing procedures necessary to implement	51859
this section, including, but not limited to, procedures and	51860
deadlines for parents to apply for scholarships, standards for	51861
registered private providers, and procedures for approval of	51862
entities as registered private providers.	51863

Sec. 3311.059. The procedure prescribed in this section may	51864
be used in lieu of a transfer prescribed under section 3311.231 of	51865
the Revised Code.	51866

(A) Subject to divisions (B) and (C) of this section, a board	51867
of education of a local school district may by a resolution	51868
approved by a majority of all its members propose to sever that	51869
local school district from the territory of the educational	51870
service center in which the local school district is currently	51871
included and to instead annex the local school district to the	51872
territory of another educational service center, the current	51873
territory of which is adjacent to the territory of the educational	51874
service center in which the local school district is currently	51875
included. The resolution shall promptly be filed with the	51876
governing board of each educational service center affected by the	51877
resolution and with the superintendent of public instruction.	51878

(B) The resolution adopted under division (A) of this section	51879
shall not be effective unless it is approved by the state board of	51880
education. In deciding whether to approve the resolution, the	51881
state board shall consider the ~~impact~~financial, staffing,	51882
programmatic, and other impacts of anthe severance and	51883
annexation on ~~both~~ the school district ~~and~~, the educational	51884
service center to which the district is proposed to be annexed,	51885
and the service center in which the district is currently	51886
located, including the effect on cost of operation and the	51887
ability of ~~that~~both service ~~center~~centers to continue to	51888
deliver services in a cost-effective and efficient manner. ~~The~~	51889
The state board shall not vote on whether to approve the	51890
resolution until it has been presented on its agenda, which is	51891
not a consent agenda, and heard before the state board at not	51892
fewer than two separate meetings of the state board. There shall	51893
be at least thirty days between the meeting at which the state	51894
board first hears the matter of the resolution and the meeting at	51895
which the state board votes on whether to approve the resolution.	51896
The state board shall provide for public testimony at each	51897
hearing on the matter of the resolution, shall provide written	51898
prior notice of each hearing to the governing board of both	51899
educational service centers affected by the proposed action, and	51900
shall attach to that written notice any documentation about the	51901
proposed action provided to the state board by the board of	51902
education of the local school district.	51903

The severance of the local school district from one	51904
educational service center and its annexation to another	51905
educational service center under this section shall not be	51906
effective until one year after the first day of July following the	51907
later of the date that the state board of education approves the	51908
resolution or the date the board of elections certifies the	51909
results of the referendum election as provided in division (C) of	51910
this section.	51911

(C) Within sixty days following the date of the adoption of	51912
the resolution under division (A) of this section, the electors of	51913
the local school district may petition for a referendum vote on	51914
the resolution. The question whether to approve or disapprove the	51915
resolution shall be submitted to the electors of such school	51916
district if a number of qualified electors equal to twenty per	51917
cent of the number of electors in the school district who voted	51918
for the office of governor at the most recent general election for	51919
that office sign a petition asking that the question of whether	51920
the resolution shall be disapproved be submitted to the electors.	51921
The petition shall be filed with the board of elections of the	51922
county in which the school district is located. If the school	51923
district is located in more than one county, the petition shall be	51924
filed with the board of elections of the county in which the	51925
majority of the territory of the school district is located. The	51926
board shall certify the validity and sufficiency of the signatures	51927
on the petition.	51928

The board of elections shall immediately notify the board of	51929
education of the local school district and the governing board of	51930
each educational service center affected by the resolution that	51931
the petition has been filed.	51932

The effect of the resolution shall be stayed until the board	51933
of elections certifies the validity and sufficiency of the	51934
signatures on the petition. If the board of elections determines	51935
that the petition does not contain a sufficient number of valid	51936
signatures and sixty days have passed since the adoption of the	51937
resolution, the resolution shall become effective as provided in	51938
division (B) of this section.	51939

If the board of elections certifies that the petition	51940
contains a sufficient number of valid signatures, the board shall	51941
submit the question to the qualified electors of the school	51942
district on the day of the next general or primary election held	51943
at least seventy-five days after the board of elections certifies	51944
the validity and sufficiency of signatures on the petition. The	51945
election shall be conducted and canvassed and the results shall be	51946
certified in the same manner as in regular elections for the	51947
election of members of a board of education.	51948

If a majority of the electors voting on the question	51949
disapprove the resolution, the resolution shall not become	51950
effective. If a majority of the electors voting on the question	51951
approve the resolution, the resolution shall become effective as	51952
provided in division (B) of this section.	51953

(D) Upon the effective date of the severance of the local	51954
school district from one educational service center and its	51955
annexation to another educational service center as provided in	51956
division (B) of this section, the governing board of each	51957
educational service center shall take such steps for the election	51958
of members of the governing board and for organization of the	51959
governing board as prescribed in Chapter 3313. of the Revised	51960
Code.	51961

(E) If a school district is severed from one educational	51962
service center and annexed to another service center under this	51963
section, the board of education of that school district shall not	51964
propose a subsequent severance and annexation action under this	51965
section that would be effective sooner than five years after the	51966
effective date of the next previous severance and annexation	51967
action under this section.	51968

Sec. 3311.0510. (A) If all of the local school districts	51969
that make up the territory of an educational service center have	51970
severed from the territory of that service center pursuant to	51971
section 3311.059 of the Revised Code, upon the effective date of	51972
the severance of the last remaining local school district to make	51973
up the territory of the service center, the governing board of	51974
that service center shall be abolished and such service center	51975
shall be dissolved by order of the superintendent of public	51976
instruction. The superintendent's order shall provide for the	51977
equitable division and disposition of the assets, property,	51978
debts, and obligations of the service center among the local	51979
school districts, of which the territory of the service center is	51980
or previously was made up, and the city and exempted village	51981
school districts with which the service center had agreements	51982
under section 3313.843 of the Revised Code for the service	51983
center's last fiscal year of operation. The superintendent's order	51984
shall provide that the tax duplicate of each of those school	51985
districts shall be bound for and assume the district's equitable	51986
share of the outstanding indebtedness of the service center. The	51987
superintendent's order is final and is not appealable.	51988

Immediately upon the abolishment of the service center	51989
governing board pursuant to this section, the superintendent of	51990
public instruction shall appoint a qualified individual to	51991
administer the dissolution of the service center and to	51992
implement the terms of the superintendent's dissolution order.	51993
Prior to distributing assets to any school district under this	51994
section, but after paying in full other debts and obligations of	51995
the service center, the superintendent of public instruction may	51996
assess against the remaining assets of the service center the	51997
amount of the costs incurred by the department of education in	51998
performing the superintendent's duties under this division,	51999
including the fees, if any, owed to the individual appointed to	52000
administer the superintendent's dissolution order. Any excess	52001
cost incurred by the department under this division shall be	52002
divided equitably among the local school districts, of which the	52003
territory of the service center is or previously was made up, and	52004
the city and exempted village school districts with which the	52005
service center had agreements under section 3313.843 of the	52006
Revised Code for the service center's last fiscal year of	52007
operation. Each district's share of that excess cost shall be	52008
bound against the tax duplicate of that district.	52009

(B) A final audit of the former service center shall be	52010
performed in accordance with procedures established by the	52011
auditor of state.	52012

(C) The public records of an educational service center that	52013
is dissolved under this section shall be transferred in accordance	52014
with this division. Public records maintained by the service	52015
center in connection with services provided by the service center	52016
to local school districts shall be transferred to each of the	52017
respective local school districts. Public records maintained by	52018
the service center in connection with services provided under an	52019
agreement with a city or exempted village school district pursuant	52020
to section 3313.843 of the Revised Code shall be transferred to	52021
each of the respective city or exempted village school districts.	52022
All other public records maintained by the service center at the	52023
time the service center ceases operations shall be transferred to	52024
the Ohio historical society for analysis and disposition by the	52025
society in its capacity as archives administrator for the state	52026
and its political subdivisions pursuant to division (C) of section	52027
149.30 and section 149.31 of the Revised Code.	52028

Sec. 3311.06. (A) As used in this section:

52029

(1) "Annexation" and "annexed" mean annexation for municipal	52030
purposes under sections 709.02 to 709.37 of the Revised Code.	52031

(2) "Annexed territory" means territory that has been annexed	52032
for municipal purposes to a city served by an urban school	52033
district, but on September 24, 1986, has not been transferred to	52034
the urban school district.	52035

(3) "Urban school district" means a city school district with	52036
an average daily membership for the 1985-1986 school year in	52037
excess of twenty thousand that is the school district of a city	52038
that contains annexed territory.	52039

(4) "Annexation agreement" means an agreement entered into	52040
under division (F) of this section that has been approved by the	52041
state board of education or an agreement entered into prior to	52042
September 24, 1986, that meets the requirements of division (F) of	52043
this section and has been filed with the state board.	52044

(B) The territory included within the boundaries of a city,	52045
local, exempted village, or joint vocational school district shall	52046
be contiguous except where a natural island forms an integral part	52047
of the district, where the state board of education authorizes a	52048
noncontiguous school district, as provided in division (E)(1) of	52049
this section, or where a local school district is created pursuant	52050
to section 3311.26 of the Revised Code from one or more local	52051
school districts, one of which has entered into an agreement under	52052
section 3313.42 of the Revised Code.	52053

(C)(1) When all of the territory of a school district is	52054
annexed to a city or village, such territory thereby becomes a	52055
part of the city school district or the school district of which	52056
the village is a part, and the legal title to school property in	52057
such territory for school purposes shall be vested in the board of	52058
education of the city school district or the school district of	52059
which the village is a part.	52060

(2) When the territory so annexed to a city or village	52061
comprises part but not all of the territory of a school district,	52062
the said territory becomes part of the city school district or the	52063
school district of which the village is a part only upon approval	52064
by the state board of education, unless the district in which the	52065
territory is located is a party to an annexation agreement with	52066
the city school district.	52067

Any urban school district that has not entered into an	52068
annexation agreement with any other school district whose	52069
territory would be affected by any transfer under this division	52070
and that desires to negotiate the terms of transfer with any such	52071
district shall conduct any negotiations under division (F) of this	52072
section as part of entering into an annexation agreement with such	52073
a district.	52074

Any school district, except an urban school district,	52075
desiring state board approval of a transfer under this division	52076
shall make a good faith effort to negotiate the terms of transfer	52077
with any other school district whose territory would be affected	52078
by the transfer. Before the state board may approve any transfer	52079
of territory to a school district, except an urban school	52080
district, under this section, it must receive the following:	52081

(a) A resolution requesting approval of the transfer, passed	52082
by at least one of the school districts whose territory would be	52083
affected by the transfer;	52084

(b) Evidence determined to be sufficient by the state board	52085
to show that good faith negotiations have taken place or that the	52086
district requesting the transfer has made a good faith effort to	52087
hold such negotiations;	52088

(c) If any negotiations took place, a statement signed by all	52089
boards that participated in the negotiations, listing the terms	52090
agreed on and the points on which no agreement could be reached.	52091

(D) The state board of education shall adopt rules governing	52092
negotiations held by any school district except an urban school	52093
district pursuant to division (C)(2) of this section. The rules	52094
shall encourage the realization of the following goals:	52095

(1) A discussion by the negotiating districts of the present	52096
and future educational needs of the pupils in each district;	52097

(2) The educational, financial, and territorial stability of	52098
each district affected by the transfer;	52099

(3) The assurance of appropriate educational programs,	52100
services, and opportunities for all the pupils in each	52101
participating district, and adequate planning for the facilities	52102
needed to provide these programs, services, and opportunities.	52103

Districts involved in negotiations under such rules may agree	52104
to share revenues from the property included in the territory to	52105
be transferred, establish cooperative programs between the	52106
participating districts, and establish mechanisms for the	52107
settlement of any future boundary disputes.	52108

(E)(1) If territory annexed after September 24, 1986, is part	52109
of a school district that is a party to an annexation agreement	52110
with the urban school district serving the annexing city, the	52111
transfer of such territory shall be governed by the agreement. If	52112
the agreement does not specify how the territory is to be dealt	52113
with, the boards of education of the district in which the	52114
territory is located and the urban school district shall negotiate	52115
with regard to the transfer of the territory which shall be	52116
transferred to the urban school district unless, not later than	52117
ninety days after the effective date of municipal annexation, the	52118
boards of education of both districts, by resolution adopted by a	52119
majority of the members of each board, agree that the territory	52120
will not be transferred and so inform the state board of	52121
education.	52122

If territory is transferred under this division the transfer	52123
shall take effect on the first day of July occurring not sooner	52124
than ninety-one days after the effective date of the municipal	52125
annexation. Territory transferred under this division need not be	52126
contiguous to the district to which it is transferred.	52127

(2) Territory annexed prior to September 24, 1986, by a city	52128
served by an urban school district shall not be subject to	52129
transfer under this section if the district in which the territory	52130
is located is a party to an annexation agreement or becomes a	52131
party to such an agreement not later than ninety days after	52132
September 24, 1986. If the district does not become a party to an	52133
annexation agreement within the ninety-day period, transfer of	52134
territory shall be governed by division (C)(2) of this section. If	52135
the district subsequently becomes a party to an agreement,	52136
territory annexed prior to September 24, 1986, other than	52137
territory annexed under division (C)(2) of this section prior to	52138
the effective date of the agreement, shall not be subject to	52139
transfer under this section.	52140

(F) An urban school district may enter into a comprehensive	52141
agreement with one or more school districts under which transfers	52142
of territory annexed by the city served by the urban school	52143
district after September 24, 1986, shall be governed by the	52144
agreement. Such agreement must provide for the establishment of a	52145
cooperative education program under section 3313.842 of the	52146
Revised Code in which all the parties to the agreement are	52147
participants and must be approved by resolution of the majority of	52148
the members of each of the boards of education of the school	52149
districts that are parties to it. An agreement may provide for	52150
interdistrict payments based on local revenue growth resulting	52151
from development in any territory annexed by the city served by	52152
the urban school district.	52153

An agreement entered into under this division may be altered,	52154
modified, or terminated only by agreement, by resolution approved	52155
by the majority of the members of each board of education, of all	52156
school districts that are parties to the agreement, except that	52157
with regard to any provision that affects only the urban school	52158
district and one of the other districts that is a party, that	52159
district and the urban district may modify or alter the agreement	52160
by resolution approved by the majority of the members of the board	52161
of that district and the urban district. Alterations,	52162
modifications, terminations, and extensions of an agreement	52163
entered into under this division do not require approval of the	52164
state board of education, but shall be filed with the board after	52165
approval and execution by the parties.	52166

If an agreement provides for interdistrict payments, each	52167
party to the agreement, except any school district specifically	52168
exempted by the agreement, shall agree to make an annual payment	52169
to the urban school district with respect to any of its territory	52170
that is annexed territory in an amount not to exceed the amount	52171
certified for that year under former section 3317.029 of the	52172
Revised Code as that section existed prior to July 1, 1998; except	52173
that such limitation of annual payments to amounts certified under	52174
former section 3317.029 of the Revised Code does not apply to	52175
agreements or extensions of agreements entered into on or after	52176
June 1, 1992, unless such limitation is expressly agreed to by the	52177
parties. The agreement may provide that all or any part of the	52178
payment shall be waived if the urban school district receives its	52179
payment with respect to such annexed territory under former	52180
section 3317.029 of the Revised Code and that all or any part of	52181
such payment may be waived if the urban school district does not	52182
receive its payment with respect to such annexed territory under	52183
such section.	52184

With respect to territory that is transferred to the urban	52185
school district after September 24, 1986, the agreement may	52186
provide for annual payments by the urban school district to the	52187
school district whose territory is transferred to the urban school	52188
district subsequent to annexation by the city served by the urban	52189
school district.	52190

(G) In the event territory is transferred from one school	52191
district to another under this section, an equitable division of	52192
the funds and indebtedness between the districts involved shall be	52193
made under the supervision of the state board of education and	52194
that board's decision shall be final. Such division shall not	52195
include funds payable to or received by a school district under	52196
Chapter 3306. or 3317. of the Revised Code or payable to or	52197
received by a school district from the United States or any	52198
department or agency thereof. In the event such transferred	52199
territory includes real property owned by a school district, the	52200
state board of education, as part of such division of funds and	52201
indebtedness, shall determine the true value in money of such real	52202
property and all buildings or other improvements thereon. The	52203
board of education of the school district receiving such territory	52204
shall forthwith pay to the board of education of the school	52205
district losing such territory such true value in money of such	52206
real property, buildings, and improvements less such percentage of	52207
the true value in money of each school building located on such	52208
real property as is represented by the ratio of the total	52209
enrollment in day classes of the pupils residing in the territory	52210
transferred enrolled at such school building in the school year in	52211
which such annexation proceedings were commenced to the total	52212
enrollment in day classes of all pupils residing in the school	52213
district losing such territory enrolled at such school building in	52214
such school year. The school district receiving such payment shall	52215
place the proceeds thereof in its sinking fund or bond retirement	52216
fund.	52217

(H) The state board of education, before approving such	52218
transfer of territory, shall determine that such payment has been	52219
made and shall apportion to the acquiring school district such	52220
percentage of the indebtedness of the school district losing the	52221
territory as is represented by the ratio that the assessed	52222
valuation of the territory transferred bears to the total assessed	52223
valuation of the entire school district losing the territory as of	52224
the effective date of the transfer, provided that in ascertaining	52225
the indebtedness of the school district losing the territory the	52226
state board of education shall disregard such percentage of the	52227
par value of the outstanding and unpaid bonds and notes of said	52228
school district issued for construction or improvement of the	52229
school building or buildings for which payment was made by the	52230
acquiring district as is equal to the percentage by which the true	52231
value in money of such building or buildings was reduced in fixing	52232
the amount of said payment.	52233

(I) No transfer of school district territory or division of	52234
funds and indebtedness incident thereto, pursuant to the	52235
annexation of territory to a city or village shall be completed in	52236
any other manner than that prescribed by this section regardless	52237
of the date of the commencement of such annexation proceedings,	52238
and this section applies to all proceedings for such transfers and	52239
divisions of funds and indebtedness pending or commenced on or	52240
after October 2, 1959.	52241

Sec. 3311.19. (A) The management and control of a joint	52242
vocational school district shall be vested in the joint vocational	52243
school district board of education. Where a joint vocational	52244
school district is composed only of two or more local school	52245
districts located in one county, or when all the participating	52246
districts are in one county and the boards of such participating	52247
districts so choose, the educational service center governing	52248
board of the county in which the joint vocational school district	52249
is located shall serve as the joint vocational school district	52250
board of education. Where a joint vocational school district is	52251
composed of local school districts of more than one county, or of	52252
any combination of city, local, or exempted village school	52253
districts or educational service centers, unless administration by	52254
the educational service center governing board has been chosen by	52255
all the participating districts in one county pursuant to this	52256
section, the board of education of the joint vocational school	52257
district shall be composed of one or more persons who are members	52258
of the boards of education from each of the city or exempted	52259
village school districts or members of the educational service	52260
centers' governing boards affected to be appointed by the boards	52261
of education or governing boards of such school districts and	52262
educational service centers. In such joint vocational school	52263
districts the number and terms of members of the joint vocational	52264
school district board of education and the allocation of a given	52265
number of members to each of the city and exempted village	52266
districts and educational service centers shall be determined in	52267
the plan for such district, provided that each such joint	52268
vocational school district board of education shall be composed of	52269
an odd number of members.	52270

(B) Notwithstanding division (A) of this section, a governing	52271
board of an educational service center that has members of its	52272
governing board serving on a joint vocational school district	52273
board of education may make a request to the joint vocational	52274
district board that the joint vocational school district plan be	52275
revised to provide for one or more members of boards of education	52276
of local school districts that are within the territory of the	52277
educational service district and within the joint vocational	52278
school district to serve in the place of or in addition to its	52279
educational service center governing board members. If agreement	52280
is obtained among a majority of the boards of education and	52281
governing boards that have a member serving on the joint	52282
vocational school district board of education and among a majority	52283
of the local school district boards of education included in the	52284
district and located within the territory of the educational	52285
service center whose board requests the substitution or addition,	52286
the state board of education may revise the joint vocational	52287
school district plan to conform with such agreement.	52288

(C) If the board of education of any school district or	52289
educational service center governing board included within a joint	52290
vocational district that has had its board or governing board	52291
membership revised under division (B) of this section requests the	52292
joint vocational school district board to submit to the state	52293
board of education a revised plan under which one or more joint	52294
vocational board members chosen in accordance with a plan revised	52295
under such division would again be chosen in the manner prescribed	52296
by division (A) of this section, the joint vocational board shall	52297
submit the revised plan to the state board of education, provided	52298
the plan is agreed to by a majority of the boards of education	52299
represented on the joint vocational board, a majority of the local	52300
school district boards included within the joint vocational	52301
district, and each educational service center governing board	52302
affected by such plan. The state board of education may revise the	52303
joint vocational school district plan to conform with the revised	52304
plan.	52305

(D) The vocational schools in such joint vocational school	52306
district shall be available to all youth of school age within the	52307
joint vocational school district subject to the rules adopted by	52308
the joint vocational school district board of education in regard	52309
to the standards requisite to admission. A joint vocational school	52310
district board of education shall have the same powers, duties,	52311
and authority for the management and operation of such joint	52312
vocational school district as is granted by law, except by this	52313
chapter and Chapters 124., 3306., 3317., 3323., and 3331. of the	52314
Revised Code, to a board of education of a city school district,	52315
and shall be subject to all the provisions of law that apply to a	52316
city school district, except such provisions in this chapter and	52317
Chapters 124., 3306., 3317., 3323., and 3331. of the Revised Code.	52318

(E) Where a governing board of an educational service center	52319
has been designated to serve as the joint vocational school	52320
district board of education, the educational service center	52321
superintendent shall be the executive officer for the joint	52322
vocational school district, and the governing board may provide	52323
for additional compensation to be paid to the educational service	52324
center superintendent by the joint vocational school district, but	52325
the educational service center superintendent shall have no	52326
continuing tenure other than that of educational service center	52327
superintendent. The superintendent of schools of a joint	52328
vocational school district shall exercise the duties and authority	52329
vested by law in a superintendent of schools pertaining to the	52330
operation of a school district and the employment and supervision	52331
of its personnel. The joint vocational school district board of	52332
education shall appoint a treasurer of the joint vocational school	52333
district who shall be the fiscal officer for such district and who	52334
shall have all the powers, duties, and authority vested by law in	52335
a treasurer of a board of education. Where a governing board of an	52336
educational service center has been designated to serve as the	52337
joint vocational school district board of education, such board	52338
may appoint the educational service center superintendent as the	52339
treasurer of the joint vocational school district.	52340

(F) Each member of a joint vocational school district board	52341
of education may be paid such compensation as the board provides	52342
by resolution, but it shall not exceed one hundred twenty-five	52343
dollars per member for each meeting attended plus mileage, at the	52344
rate per mile provided by resolution of the board, to and from	52345
meetings of the board.	52346

The board may provide by resolution for the deduction of	52347
amounts payable for benefits under section 3313.202 of the Revised	52348
Code.	52349

Each member of a joint vocational school district board may	52350
be paid such compensation as the board provides by resolution for	52351
attendance at an approved training program, provided that such	52352
compensation shall not exceed sixty dollars per day for attendance	52353
at a training program three hours or fewer in length and one	52354
hundred twenty-five dollars a day for attendance at a training	52355
program longer than three hours in length. However, no board	52356
member shall be compensated for the same training program under	52357
this section and section 3313.12 of the Revised Code.	52358

Sec. 3311.21. (A) In addition to the resolutions authorized	52359
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of	52360
the Revised Code, the board of education of a joint vocational or	52361
cooperative education school district by a vote of two-thirds of	52362
its full membership may at any time adopt a resolution declaring	52363
the necessity to levy a tax in excess of the ten-mill limitation	52364
for a period not to exceed ten years to provide funds for any one	52365
or more of the following purposes, which may be stated in the	52366
following manner in such resolution, the ballot, and the notice of	52367
election: purchasing a site or enlargement thereof and for the	52368
erection and equipment of buildings; for the purpose of enlarging,	52369
improving, or rebuilding thereof; for the purpose of providing for	52370
the current expenses of the joint vocational or cooperative school	52371
district; or for a continuing period for the purpose of providing	52372
for the current expenses of the joint vocational or cooperative	52373
education school district. The resolution shall specify the amount	52374
of the proposed rate and, if a renewal, whether the levy is to	52375
renew all, or a portion of, the existing levy, and shall specify	52376
the first year in which the levy will be imposed. If the levy	52377
provides for but is not limited to current expenses, the	52378
resolution shall apportion the annual rate of the levy between	52379
current expenses and the other purpose or purposes. Such	52380
apportionment may but need not be the same for each year of the	52381
levy, but the respective portions of the rate actually levied each	52382
year for current expenses and the other purpose or purposes shall	52383
be limited by such apportionment. The portion of any such rate	52384
actually levied for current expenses of a joint vocational or	52385
cooperative education school district shall be used in applying	52386
division (A)(1) of section 3306.01 and division (A) of section	52387
3317.01 of the Revised Code. The portion of any such rate not	52388
apportioned to the current expenses of a joint vocational or	52389
cooperative education school district shall be used in applying	52390
division (B) of this section. On the adoption of such resolution,	52391
the joint vocational or cooperative education school district	52392
board of education shall certify the resolution to the board of	52393
elections of the county containing the most populous portion of	52394
the district, which board shall receive resolutions for filing	52395
and send them to the boards of elections of each county in which	52396
territory of the district is located, furnish all ballots for the	52397
election as provided in section 3505.071 of the Revised Code, and	52398
prepare the election notice; and the board of elections of each	52399
county in which the territory of such district is located shall	52400
make the other necessary arrangements for the submission of the	52401
question to the electors of the joint vocational or cooperative	52402
education school district at the next primary or general election	52403
occurring not less than seventy-five days after the resolution	52404
was received from the joint vocational or cooperative education	52405
school district board of education, or at a special election to	52406
be held at a time designated by the district board of education	52407
consistent with the requirements of section 3501.01 of the	52408
Revised Code, which date shall not be earlier than seventy-five	52409
days after the adoption and certification of the resolution.	52410

The board of elections of the county or counties in which	52411
territory of the joint vocational or cooperative education school	52412
district is located shall cause to be published in one or more	52413
newspapers of general circulation in that district an	52414
advertisement of the proposed tax levy question together with a	52415
statement of the amount of the proposed levy once a week for two	52416
consecutive weeks, prior to the election at which the question is	52417
to appear on the ballot, and, if the board of elections operates	52418
and maintains a web site, the board also shall post a similar	52419
advertisement on its web site for thirty days prior to that	52420
election.	52421

If a majority of the electors voting on the question of	52422
levying such tax vote in favor of the levy, the joint vocational	52423
or cooperative education school district board of education shall	52424
annually make the levy within the district at the rate specified	52425
in the resolution and ballot or at any lesser rate, and the county	52426
auditor of each affected county shall annually place the levy on	52427
the tax list and duplicate of each school district in the county	52428
having territory in the joint vocational or cooperative education	52429
school district. The taxes realized from the levy shall be	52430
collected at the same time and in the same manner as other taxes	52431
on the duplicate, and the taxes, when collected, shall be paid to	52432
the treasurer of the joint vocational or cooperative education	52433
school district and deposited to a special fund, which shall be	52434
established by the joint vocational or cooperative education	52435
school district board of education for all revenue derived from	52436
any tax levied pursuant to this section and for the proceeds of	52437
anticipation notes which shall be deposited in such fund. After	52438
the approval of the levy, the joint vocational or cooperative	52439
education school district board of education may anticipate a	52440
fraction of the proceeds of the levy and from time to time, during	52441
the life of the levy, but in any year prior to the time when the	52442
tax collection from the levy so anticipated can be made for that	52443
year, issue anticipation notes in an amount not exceeding fifty	52444
per cent of the estimated proceeds of the levy to be collected in	52445
each year up to a period of five years after the date of the	52446
issuance of the notes, less an amount equal to the proceeds of the	52447
levy obligated for each year by the issuance of anticipation	52448
notes, provided that the total amount maturing in any one year	52449
shall not exceed fifty per cent of the anticipated proceeds of the	52450
levy for that year. Each issue of notes shall be sold as provided	52451
in Chapter 133. of the Revised Code, and shall, except for such	52452
limitation that the total amount of such notes maturing in any one	52453
year shall not exceed fifty per cent of the anticipated proceeds	52454
of the levy for that year, mature serially in substantially equal	52455
installments, during each year over a period not to exceed five	52456
years after their issuance.	52457

(B) Prior to the application of section 319.301 of the	52458
Revised Code, the rate of a levy that is limited to, or to the	52459
extent that it is apportioned to, purposes other than current	52460
expenses shall be reduced in the same proportion in which the	52461
district's total valuation increases during the life of the levy	52462
because of additions to such valuation that have resulted from	52463
improvements added to the tax list and duplicate.	52464

(C) The form of ballot cast at an election under division (A)	52465
of this section shall be as prescribed by section 5705.25 of the	52466
Revised Code.	52467

Sec. 3311.29. (A) Except as provided under division (B) or	52468
(C) of this section, no school district shall be created and no	52469
school district shall exist which does not maintain within such	52470
district public schools consisting of grades kindergarten through	52471
twelve and any such existing school district not maintaining such	52472
schools shall be dissolved and its territory joined with another	52473
school district or districts by order of the state board of	52474
education if no agreement is made among the surrounding districts	52475
voluntarily, which order shall provide an equitable division of	52476
the funds, property, and indebtedness of the dissolved school	52477
district among the districts receiving its territory. The state	52478
board of education may authorize exceptions to school districts	52479
where topography, sparsity of population, and other factors make	52480
compliance impracticable.	52481

The superintendent of public instruction is without authority	52482
to distribute funds under ~~sections 3317.022 to 3317.025~~Chapter	52483
3306. or 3317. of the Revised Code to any school district that	52484
does not maintain schools with grades kindergarten through twelve	52485
and to which no exception has been granted by the state board of	52486
education.	52487

(B) Division (A) of this section does not apply to any joint	52488
vocational school district or any cooperative education school	52489
district established pursuant to divisions (A) to (C) of section	52490
3311.52 of the Revised Code.	52491

(C)(1)(a) Except as provided in division (C)(3) of this	52492
section, division (A) of this section does not apply to any	52493
cooperative education school district established pursuant to	52494
section 3311.521 of the Revised Code nor to the city, exempted	52495
village, or local school districts that have territory within such	52496
a cooperative education district.	52497

(b) The cooperative district and each city, exempted village,	52498
or local district with territory within the cooperative district	52499
shall maintain the grades that the resolution adopted or amended	52500
pursuant to section 3311.521 of the Revised Code specifies.	52501

(2) Any cooperative education school district described under	52502
division (C)(1) of this section that fails to maintain the grades	52503
it is specified to operate shall be dissolved by order of the	52504
state board of education unless prior to such an order the	52505
cooperative district is dissolved pursuant to section 3311.54 of	52506
the Revised Code. Any such order shall provide for the equitable	52507
adjustment, division, and disposition of the assets, property,	52508
debts, and obligations of the district among each city, local, and	52509
exempted village school district whose territory is in the	52510
cooperative district and shall provide that the tax duplicate of	52511
each city, local, and exempted village school district whose	52512
territory is in the cooperative district shall be bound for and	52513
assume its share of the outstanding indebtedness of the	52514
cooperative district.	52515

(3) If any city, exempted village, or local school district	52516
described under division (C)(1) of this section fails to maintain	52517
the grades it is specified to operate the cooperative district	52518
within which it has territory shall be dissolved in accordance	52519
with division (C)(2) of this section and upon that dissolution any	52520
city, exempted village, or local district failing to maintain	52521
grades kindergarten through twelve shall be subject to the	52522
provisions for dissolution in division (A) of this section.	52523

Sec. 3311.52. A cooperative education school district may be	52524
established pursuant to divisions (A) to (C) of this section or	52525
pursuant to section 3311.521 of the Revised Code.	52526

(A) A cooperative education school district may be	52527
established upon the adoption of identical resolutions within a	52528
sixty-day period by a majority of the members of the board of	52529
education of each city, local, and exempted village school	52530
district that is within the territory of a county school financing	52531
district.	52532

A copy of each resolution shall be filed with the governing	52533
board ~~of education~~ of the educational service center which created	52534
the county school financing district. Upon the filing of the last	52535
such resolution, the educational service center governing board	52536
shall immediately notify each board of education filing such a	52537
resolution of the date on which the last resolution was filed.	52538

Ten days after the date on which the last resolution is filed	52539
with the educational service center governing board or ten days	52540
after the last of any notices required under division (C) of this	52541
section is received by the educational service center governing	52542
board, whichever is later, the county school financing district	52543
shall be dissolved and the new cooperative education school	52544
district and the board of education of the cooperative education	52545
school district shall be established.	52546

On the date that any county school financing district is	52547
dissolved and a cooperative education school district is	52548
established under this section, each of the following shall apply:	52549

(1) The territory of the dissolved district becomes the	52550
territory of the new district.	52551

(2) Any outstanding tax levy in force in the dissolved	52552
district shall be spread over the territory of the new district	52553
and shall remain in force in the new district until the levy	52554
expires or is renewed.	52555

(3) Any funds of the dissolved district shall be paid over in	52556
full to the new district.	52557

(4) Any net indebtedness of the dissolved district shall be	52558
assumed in full by the new district. As used in division (A)(4) of	52559
this section, "net indebtedness" means the difference between the	52560
par value of the outstanding and unpaid bonds and notes of the	52561
dissolved district and the amount held in the sinking fund and	52562
other indebtedness retirement funds for their redemption.	52563

When a county school financing district is dissolved and a	52564
cooperative education school district is established under this	52565
section, the governing board of the educational service center	52566
that created the dissolved district shall give written notice of	52567
this fact to the county auditor and the board of elections of each	52568
county having any territory in the new district.	52569

(B) The resolutions adopted under division (A) of this	52570
section shall include all of the following provisions:	52571

(1) Provision that the governing board of the educational	52572
service center which created the county school financing district	52573
shall be the board of education of the cooperative education	52574
school district, except that provision may be made for the	52575
composition, selection, and terms of office of an alternative	52576
board of education of the cooperative district, which board shall	52577
include at least one member selected from or by the members of the	52578
board of education of each city, local, and exempted village	52579
school district and at least one member selected from or by the	52580
members of the educational service center governing board within	52581
the territory of the cooperative district;	52582

(2) Provision that the treasurer and superintendent of the	52583
educational service center which created the county school	52584
financing district shall be the treasurer and superintendent of	52585
the cooperative education school district, except that provision	52586
may be made for the selection of a treasurer or superintendent of	52587
the cooperative district other than the treasurer or	52588
superintendent of the educational service center, which provision	52589
shall require one of the following:	52590

(a) The selection of one person as both the treasurer and	52591
superintendent of the cooperative district, which provision may	52592
require such person to be the treasurer or superintendent of any	52593
city, local, or exempted village school district or educational	52594
service center within the territory of the cooperative district;	52595

(b) The selection of one person as the treasurer and another	52596
person as the superintendent of the cooperative district, which	52597
provision may require either one or both such persons to be	52598
treasurers or superintendents of any city, local, or exempted	52599
village school districts or educational service center within the	52600
territory of the cooperative district.	52601

(3) A statement of the educational program the board of	52602
education of the cooperative education school district will	52603
conduct, including but not necessarily limited to the type of	52604
educational program, the grade levels proposed for inclusion in	52605
the program, the timetable for commencing operation of the	52606
program, and the facilities proposed to be used or constructed to	52607
be used by the program;	52608

(4) A statement of the annual amount, or the method for	52609
determining that amount, of funds or services or facilities that	52610
each city, local, and exempted village school district within the	52611
territory of the cooperative district is required to pay to or	52612
provide for the use of the board of education of the cooperative	52613
education school district;	52614

(5) Provision for adopting amendments to the provisions of	52615
divisions (B)(2) to (4) of this section.	52616

(C) If the resolutions adopted under division (A) of this	52617
section provide for a board of education of the cooperative	52618
education school district that is not the governing board of the	52619
educational service center that created the county school	52620
financing district, each board of education of each city, local,	52621
or exempted village school district and the governing board of the	52622
educational service center within the territory of the cooperative	52623
district shall, within thirty days after the date on which the	52624
last resolution is filed with the educational service center	52625
governing board under division (A) of this section, select one or	52626
more members of the board of education of the cooperative district	52627
as provided in the resolutions filed with the educational service	52628
center governing board. Each such board shall immediately notify	52629
the educational ~~services~~service center governing board of each	52630
such selection.	52631

(D) Except for the powers and duties in this chapter and	52632
Chapters 124., 3306., 3317., 3318., 3323., and 3331. of the	52633
Revised Code, a cooperative education school district established	52634
pursuant to divisions (A) to (C) of this section or pursuant to	52635
section 3311.521 of the Revised Code has all the powers of a city	52636
school district and its board of education has all the powers and	52637
duties of a board of education of a city school district with	52638
respect to the educational program specified in the resolutions	52639
adopted under division (A) of this section. All laws applicable to	52640
a city school district or the board of education or the members of	52641
the board of education of a city school district, except such laws	52642
in this chapter and Chapters 124., 3306., 3317., 3318., 3323., and	52643
3331. of the Revised Code, are applicable to a cooperative	52644
education school district and its board.	52645

The treasurer and superintendent of a cooperative education	52646
school district shall have the same respective duties and powers	52647
as a treasurer and superintendent of a city school district,	52648
except for any powers and duties in this chapter and Chapters	52649
124., 3306., 3317., 3318., 3323., and 3331. of the Revised Code.	52650

(E) For purposes of this title, any student included in the	52651
formula ADM certified for any city, exempted village, or local	52652
school district under section 3317.03 of the Revised Code by	52653
virtue of being counted, in whole or in part, in the average daily	52654
membership of a cooperative education school district under	52655
division (A)(2)(f) of that section shall be construed to be	52656
enrolled both in that city, exempted village, or ~~village~~local	52657
school district and in that cooperative education school district.	52658
This division shall not be construed to mean that any such	52659
individual student may be counted more than once for purposes of	52660
determining the average daily membership of any one school	52661
district.	52662

Sec. 3311.76. (A) Notwithstanding Chapters 3302., 3306.,	52663
and 3317. of the Revised Code, upon written request of the	52664
district chief executive officer the state superintendent of	52665
public instruction may exempt a municipal school district from	52666
any rules adopted under Title XXXIII of the Revised Code except	52667
for any rule adopted under Chapter 3307. or 3309., sections	52668
3319.07 to 3319.21, or Chapter 3323. of the Revised Code, and may	52669
authorize a municipal school district to apply funds allocated to	52670
the district under ~~Chapter~~Chapters 3306. and 3317. of the	52671
Revised Code, except those specifically allocated to purposes	52672
other than current expenses, to the payment of debt charges on	52673
the district's public obligations. The request must specify the	52674
provisions from which the district is seeking exemption or the	52675
application requested and the reasons for the request. The state	52676
superintendent shall approve the request if the superintendent	52677
finds the requested exemption or application is in the best	52678
interest of the district's students. The superintendent shall	52679
approve or disapprove the request within thirty days and shall	52680
notify the district board and the district chief executive	52681
officer of approval or reasons for disapproving the request.	52682

(B) In addition to the rights, authority, and duties	52683
conferred upon a municipal school district and its board of	52684
education in sections 3311.71 to 3311.76 of the Revised Code, a	52685
municipal school district and its board shall have all of the	52686
rights, authority, and duties conferred upon a city school	52687
district and its board by law that are not inconsistent with	52688
sections 3311.71 to 3311.76 of the Revised Code.	52689

Sec. 3313.483. (A) A board of education, upon the adoption	52690
of a resolution stating that it may be financially unable to open	52691
on the day or to remain open for instruction on all days set forth	52692
in its adopted school calendar and pay all obligated expenses, or	52693
the superintendent of public instruction upon the issuance of	52694
written notification under division (B) of section 3313.489 of the	52695
Revised Code, shall request the auditor of state to determine	52696
whether such situation exists. The auditor shall deliver a copy of	52697
each request from a board of education to the superintendent of	52698
public instruction. In the case of a school district not under a	52699
fiscal emergency pursuant to Chapter 3316. of the Revised Code the	52700
auditor shall not issue a finding under this section until written	52701
notification is received from the superintendent pursuant to	52702
section 3313.487 of the Revised Code.	52703

(B) If the auditor of state finds that the board of education	52704
has attempted to avail itself to the fullest extent authorized by	52705
law of all lawful revenue sources available to it except those	52706
authorized by section 5705.21 of the Revised Code, the auditor	52707
shall certify that finding to the superintendent of public	52708
instruction and the state board of education and shall certify the	52709
operating deficit the district will have at the end of the fiscal	52710
year if it commences or continues operating its instructional	52711
program in accordance with its adopted school calendar and pays	52712
all obligated expenses.	52713

(C) No board of education may delay the opening of its	52714
schools or close its schools for financial reasons. Upon the	52715
request of the superintendent of public instruction, the attorney	52716
general shall seek injunctive relief and any other relief required	52717
to enforce this prohibition in the court of common pleas of	52718
Franklin county. The court of common pleas of Franklin county has	52719
exclusive original jurisdiction over all such actions.	52720

(D) Upon the receipt of any certification of an operating	52721
deficit from the auditor of state, a board of education shall make	52722
application to a commercial bank, underwriter, or other	52723
prospective lender or purchaser of its obligations for a loan in	52724
an amount sufficient to enable the district to open or remain open	52725
for instruction on all days set forth in its adopted school	52726
calendar but not to exceed the amount of the deficit certified.	52727

(E)(1) Any board of education that has applied for and been	52728
denied a loan from a commercial bank, underwriter, or other	52729
prospective lender or purchaser of its obligations pursuant to	52730
division (D) of this section shall submit to the superintendent of	52731
public instruction a plan for implementing reductions in the	52732
school district's budget; apply for a loan from a commercial bank,	52733
underwriter, or other prospective lender or purchaser of its	52734
obligations in an amount not to exceed its certified deficit; and	52735
provide the superintendent such information as the superintendent	52736
requires concerning its application for such a loan. The board of	52737
education of a school district declared to be under a fiscal watch	52738
pursuant to division (A) of section 3316.03 of the Revised Code	52739
may, upon approval of the superintendent, utilize the financial	52740
plan required by section 3316.04 of the Revised Code, or	52741
applicable parts thereof, as the plan required under this	52742
division. The board of education of a school district declared to	52743
be under a fiscal emergency pursuant to division (B) of section	52744
3316.03 of the Revised Code may utilize the financial recovery	52745
plan for the district, or applicable parts thereof, as the plan	52746
required under this division. Except for the plan of a school	52747
district under a fiscal emergency, the superintendent shall	52748
evaluate, make recommendations concerning, and approve or	52749
disapprove each plan. When a plan is submitted, the superintendent	52750
shall immediately notify the members of the general assembly whose	52751
legislative districts include any or all of the territory of the	52752
school district submitting the plan.	52753

(2) The superintendent shall submit to the controlling board	52754
a copy of each plan the superintendent approves, or each plan	52755
submitted by a district under a fiscal emergency pursuant to	52756
division (B) of section 3316.03 of the Revised Code, and the	52757
general terms of each proposed loan, and shall make	52758
recommendations regarding the plan and whether a proposed loan to	52759
the board of education should be approved for payment as provided	52760
in division (E)(3) of this section. The controlling board shall	52761
approve or disapprove the plan and the proposed loan presented to	52762
it by the superintendent. In the case of a district not under a	52763
fiscal emergency pursuant to division (B) of section 3316.03 of	52764
the Revised Code, the controlling board may require a board of	52765
education to implement the superintendent's recommendations for	52766
expenditure reductions or impose other requirements. Loan	52767
repayments shall be in accordance with a schedule approved by the	52768
superintendent, except that the principal amount of the loan shall	52769
be payable in monthly, semiannual, or annual installments of	52770
principal and interest that are substantially equal principal and	52771
interest installments. Except as otherwise provided in division	52772
(E)(2) of this section, repayment shall be made no later than the	52773
fifteenth day of June of the second fiscal year following the	52774
approval of the loan. A school district with a certified deficit	52775
in excess of either twenty-five million dollars or fifteen per	52776
cent of the general fund expenditures of the district during the	52777
fiscal year shall repay the loan no later than the fifteenth day	52778
of June of the tenth fiscal year following the approval of the	52779
loan. In deciding whether to approve or disapprove a proposed	52780
loan, the controlling board shall consider the deficit certified	52781
by the auditor of state pursuant to this section. A board of	52782
education that has an outstanding loan approved pursuant to this	52783
section with a repayment date of more than two fiscal years after	52784
the date of approval of such loan may not apply for another loan	52785
with such a repayment date until the outstanding loan has been	52786
repaid.	52787

(3) If a board of education has submitted and received	52788
controlling board approval of a plan and proposed loan in	52789
accordance with this section, the superintendent of public	52790
instruction shall report to the controlling board the actual	52791
amounts loaned to the board of education. Such board of education	52792
shall request the superintendent to pay any funds the board of	52793
education would otherwise receive pursuant to ~~sections 3317.022 to~~	52794
~~3317.025~~Chapter 3306. of the Revised Code first directly to the	52795
holders of the board of education's notes, or an agent thereof,	52796
such amounts as are specified under the terms of the loan. Such	52797
payments shall be made only from and to the extent of money	52798
appropriated by the general assembly for purposes of such	52799
sections. No note or other obligation of the board of education	52800
under the loan constitutes an obligation nor a debt or a pledge of	52801
the faith, credit, or taxing power of the state, and the holder or	52802
owner of such note or obligation has no right to have taxes levied	52803
by the general assembly for the payment of such note or	52804
obligation, and such note or obligation shall contain a statement	52805
to that effect.	52806

(4) Pursuant to the terms of such a loan, a board of	52807
education may issue its notes in anticipation of the collection of	52808
its voted levies for current expenses or its receipt of such state	52809
funds or both. Such notes shall be issued in accordance with	52810
division (E) of section 133.10 of the Revised Code and constitute	52811
Chapter 133. securities to the extent such division and the	52812
otherwise applicable provisions of Chapter 133. of the Revised	52813
Code are not inconsistent with this section, provided that in any	52814
event sections 133.24 and 5705.21 and divisions (A), (B), (C), and	52815
(E)(2) of section 133.10 of the Revised Code do not apply to such	52816
notes.	52817

(5) Notwithstanding section 133.36 or 3313.17, any other	52818
section of the Revised Code, or any other provision of law, a	52819
board of education that has received a loan under this section may	52820
not declare bankruptcy, so long as any portion of such loan	52821
remains unpaid.	52822

(F) Under this section and sections 3313.4810 and 3313.4811,	52823
"board of education" or "district board" includes the financial	52824
planning and supervision commission of a school district under a	52825
fiscal emergency pursuant to Chapter 3316. of the Revised Code	52826
where such commission chooses to exercise the powers and duties	52827
otherwise required of the district board of education under this	52828
section and sections 3313.4810 and 3313.4811 of the Revised Code.	52829

Sec. 3313.53. (A) As used in this section:

52830

(1) "Licensed individual" means an individual who holds a	52831
valid educator license, certificate, or permit issued by the state	52832
board of education under section 3319.22, 3319.26, or 3319.27,	52833
~~3319.302, or 3319.304~~ of the Revised Code.	52834

(2) "Nonlicensed individual" means an individual who does not	52835
hold a valid educator license, certificate, or permit issued by	52836
the state board of education under section 3319.22, 3319.26, or	52837
3319.27~~, 3319.302, or 3319.304~~ of the Revised Code.	52838

(B) The board of education of any city, exempted village, or	52839
local school district may establish and maintain in connection	52840
with the public school systems:	52841

(1) Manual training, industrial arts, domestic science, and	52842
commercial departments;	52843

(2) Agricultural, industrial, vocational, and trades schools.

52844

Such board may pay from the public school funds, as other	52845
school expenses are paid, the expenses of establishing and	52846
maintaining such departments and schools and of directing,	52847
supervising, and coaching the pupil-activity programs in music,	52848
language, arts, speech, government, athletics, and any others	52849
directly related to the curriculum.	52850

(C) The board of education of any city, exempted village, or	52851
local school district may employ a nonlicensed individual to	52852
direct, supervise, or coach a pupil-activity program as long as	52853
that individual holds a valid pupil-activity program permit issued	52854
by the state board of education under division (A) of section	52855
3319.303 of the Revised Code.	52856

(D)(1) Except as provided in division (D)(2) of this section,	52857
a nonlicensed individual who holds a valid pupil-activity program	52858
permit may be employed under division (C) of this section only	52859
after the school district's board of education adopts a resolution	52860
stating that it has offered such position to those employees of	52861
the district who are licensed individuals and no such employee	52862
qualified to fill the position has accepted it, and has then	52863
advertised the position as available to any licensed individual	52864
who is qualified to fill it and who is not employed by the board,	52865
and no such person has applied for and accepted the position.	52866

(2) A board of education may renew the contract of any	52867
nonlicensed individual, currently employed by the board under	52868
division (C) of this section for one or more years, without first	52869
offering the position held by that individual to employees of the	52870
district who are licensed individuals or advertising the position	52871
as available to any qualified licensed individuals who are not	52872
currently employed by the board as otherwise required under	52873
division (D)(1) of this section.	52874

(E) A nonlicensed individual employed under this section is a	52875
nonteaching employee and is not an educational assistant as	52876
defined in section 3319.088 of the Revised Code. A nonlicensed	52877
individual may direct, supervise, or coach a pupil-activity	52878
program under this section as long as that pupil-activity program	52879
does not include any class or course required or offered for	52880
credit toward a pupil's promotion to the next grade or for	52881
graduation, or any activity conducted as a part of or required for	52882
such a class or course. A nonlicensed individual employed under	52883
this section may perform only the duties of the director,	52884
supervisor, or coach of the pupil-activity program for which the	52885
nonlicensed individual is employed.	52886

(F) The board shall fix the compensation of each nonlicensed	52887
individual employed under this section, which shall be the same	52888
amount as the position was or would be offered to the district's	52889
licensed employees, and execute a written contract with the	52890
nonlicensed individual for a term not to exceed one year. The	52891
contract shall specify the compensation, duration, and other terms	52892
of employment, and the compensation shall not be reduced unless	52893
such reduction is a part of a uniform plan affecting the entire	52894
district.	52895

If the state board suspends, revokes, or limits the	52896
pupil-activity program permit of a nonlicensed individual, the	52897
school district board may terminate or suspend the employment	52898
contract of that individual. Otherwise, no contract issued under	52899
this section shall be terminated or suspended except pursuant to	52900
the procedure established by division (C) of section 3319.081 of	52901
the Revised Code.	52902

Sec. 3313.532. (A) Any person twenty-two or more years of	52903
age and enrolled in an adult high school continuation program	52904
established pursuant to section 3313.531 of the Revised Code may	52905
request the board of education operating the program to conduct an	52906
evaluation in accordance with division (C) of this section.	52907

(B) Any applicant to a board of education for a diploma of	52908
adult education under division (B) of section 3313.611 of the	52909
Revised Code may request the board to conduct an evaluation in	52910
accordance with division (C) of this section.	52911

(C) Upon the request of any person pursuant to division (A)	52912
or (B) of this section, the board of education to which the	52913
request is made shall evaluate the person to determine whether the	52914
person is disabled, in accordance with rules adopted by the state	52915
board of education. If the evaluation indicates that the person is	52916
disabled, the board shall determine whether to excuse the person	52917
from taking any of the ~~tests~~assessments required by division (B)	52918
of section 3301.0710 of the Revised Code as a requirement for	52919
receiving a diploma under section 3313.611 of the Revised Code.	52920
The board may require the person to take an alternate assessment	52921
in place of any test from which the person is so excused.	52922

Sec. 3313.536. (A) The board of education of each city,	52923
exempted village, and local school district and the governing	52924
authority of each chartered nonpublic school shall adopt a	52925
comprehensive school safety plan for each school building under	52926
the board's or governing authority's control. The board or	52927
governing authority shall examine the environmental conditions and	52928
operations of each building to determine potential hazards to	52929
student and staff safety and shall propose operating changes to	52930
promote the prevention of potentially dangerous problems and	52931
circumstances. In developing the plan for each building, the board	52932
or governing authority shall involve community law enforcement and	52933
safety officials, parents of students who are assigned to the	52934
building, and teachers and nonteaching employees who are assigned	52935
to the building. The board or governing authority shall consider	52936
incorporating remediation strategies into the plan for any	52937
building where documented safety problems have occurred.	52938

The board or governing authority shall incorporate into the	52939
plan both of the following:	52940

(1) A protocol for addressing serious threats to the safety	52941
of school property, students, employees, or administrators;	52942

(2) A protocol for responding to any emergency events that do	52943
occur and that compromise the safety of school property, students,	52944
employees, or administrators.	52945

Each protocol shall include procedures deemed appropriate by	52946
the board or governing authority for responding to threats and	52947
emergency events, respectively, including such things as	52948
notification of appropriate law enforcement personnel, calling	52949
upon specified emergency response personnel for assistance, and	52950
informing parents of affected students. Prior to the opening day	52951
of each school year, the board or governing authority shall inform	52952
each student enrolled in the school and the student's parent of	52953
the parental notification procedures included in the protocol.	52954

(B) The board or governing authority shall update the safety	52955
plan at least once every three years and whenever a major	52956
modification to the building requires changes in the procedures	52957
outlined in the plan.	52958

(C) The board or governing authority shall file a copy of the	52959
current safety plan and building blueprint with each law	52960
enforcement agency that has jurisdiction over the school building	52961
and, upon request, the fire department that serves the political	52962
subdivision in which the school building is located. The board or	52963
governing authority also shall file a copy of the current safety	52964
plan and a floor plan of the building, but not a building	52965
blueprint, with the attorney general, who shall post that	52966
information on the Ohio law enforcement gateway or its successor.	52967

Copies of safety plans, building blueprints, and floor plans	52968
shall be filed as described in this division not later than the	52969
ninety-first day after ~~the effective date of this amendment~~March	52970
30, 2007. If a board or governing authority revises a safety plan,	52971
building blueprint, or floor plan after the initial filing, the	52972
board or governing authority shall file copies of the revised	52973
safety plan, building blueprint, or floor plan in the manner	52974
described in this division not later than the ninety-first day	52975
after the revision is adopted.	52976

Copies of the safety plan and building blueprint are not a	52977
public record pursuant to section 149.433 of the Revised Code.	52978

Notwithstanding section 149.433 of the Revised Code, a	52979
building floor plan filed with the attorney general pursuant to	52980
this division is not a public record to the extent it is a record	52981
kept by the attorney general. This paragraph does not affect the	52982
status of a floor plan kept as a record by another public office.	52983

The board or governing authority, each law enforcement agency	52984
and fire department to which copies of the safety plan and	52985
building blueprint are provided, and the attorney general shall	52986
keep the copies in a secure place.	52987

(D) The board or governing authority shall grant access to	52988
each school building under its control to law enforcement	52989
personnel to enable the personnel to hold training sessions for	52990
responding to threats and emergency events affecting the building,	52991
provided that the access occurs outside of student instructional	52992
hours and an employee of the board or governing authority is	52993
present in the building during the training sessions.	52994

Sec. 3313.55. The board of education of any school district	52995
in which is located a state, district, county, or municipal	52996
hospital for children with epilepsy or any public institution,	52997
except state institutions for the care and treatment of	52998
delinquent, unstable, or socially maladjusted children, shall make	52999
provision for the education of all educable children therein;	53000
except that in the event another school district within the same	53001
county or an adjoining county is the source of sixty per cent or	53002
more of the children in said hospital or institution, the board of	53003
that school district shall make provision for the education of all	53004
the children therein. In any case in which a board provides	53005
educational facilities under this section, the board that provides	53006
the facilities shall be entitled to all moneys authorized for the	53007
attendance of pupils as provided in Chapter 3306. or 3317. of the	53008
Revised Code, tuition as provided in section 3317.08 of the	53009
Revised Code, and such additional compensation as is provided for	53010
crippled children in sections 3323.01 to 3323.12 of the Revised	53011
Code. Any board that provides the educational facilities for	53012
children in county or municipal institutions established for the	53013
care and treatment of children who are delinquent, unstable, or	53014
socially maladjusted shall not be entitled to any moneys provided	53015
for crippled children in sections 3323.01 to 3323.12 of the	53016
Revised Code.	53017

Sec. 3313.60. Notwithstanding division (D) of section	53018
3311.52 of the Revised Code, divisions (A) to (E) of this section	53019
do not apply to any cooperative education school district	53020
established pursuant to divisions (A) to (C) of section 3311.52 of	53021
the Revised Code.	53022

(A) The board of education of each city and exempted village	53023
school district, the governing board of each educational service	53024
center, and the board of each cooperative education school	53025
district established pursuant to section 3311.521 of the Revised	53026
Code shall prescribe a curriculum for all schools under their	53027
control. Except as provided in division (E) of this section, in	53028
any such curriculum there shall be included the study of the	53029
following subjects:	53030

(1) The language arts, including reading, writing, spelling,	53031
oral and written English, and literature;	53032

(2) Geography, the history of the United States and of Ohio,	53033
and national, state, and local government in the United States,	53034
including a balanced presentation of the relevant contributions to	53035
society of men and women of African, Mexican, Puerto Rican, and	53036
American Indian descent as well as other ethnic and racial groups	53037
in Ohio and the United States;	53038

(3) Mathematics;

53039

(4) Natural science, including instruction in the	53040
conservation of natural resources;	53041

(5) Health education, which shall include instruction in:

53042

(a) The nutritive value of foods, including natural and	53043
organically produced foods, the relation of nutrition to health,	53044
the use and effects of food additives;	53045

(b) The harmful effects of and legal restrictions against the	53046
use of drugs of abuse, alcoholic beverages, and tobacco;	53047

(c) Venereal disease education, except that upon written	53048
request of the student's parent or guardian, a student shall be	53049
excused from taking instruction in venereal disease education;	53050

(d) In grades kindergarten through six, instruction in	53051
personal safety and assault prevention, except that upon written	53052
request of the student's parent or guardian, a student shall be	53053
excused from taking instruction in personal safety and assault	53054
prevention.	53055

(6) Physical education;

53056

(7) The fine arts, including music;

53057

(8) First aid, including a training program in	53058
cardiopulmonary resuscitation, safety, and fire prevention, except	53059
that upon written request of the student's parent or guardian, a	53060
student shall be excused from taking instruction in	53061
cardiopulmonary resuscitation.	53062

(B) Except as provided in division (E) of this section, every	53063
school or school district shall include in the requirements for	53064
promotion from the eighth grade to the ninth grade one year's	53065
course of study of American history. A board may waive this	53066
requirement for academically accelerated students who, in	53067
accordance with procedures adopted by the board, are able to	53068
demonstrate mastery of essential concepts and skills of the	53069
eighth grade American history course of study.	53070

(C) Except as provided in division (E) of this section, every	53071
high school shall include in the requirements for graduation from	53072
any curriculum one unit of American history and government,	53073
including a study of the constitutions of the United States and of	53074
Ohio.	53075

(D) Except as provided in division (E) of this section, basic	53076
instruction in geography, United States history, the government of	53077
the United States, the government of the state of Ohio, local	53078
government in Ohio, the Declaration of Independence, the United	53079
States Constitution, and the Constitution of the state of Ohio	53080
shall be required before pupils may participate in courses	53081
involving the study of social problems, economics, foreign	53082
affairs, United Nations, world government, socialism and	53083
communism.	53084

(E) For each cooperative education school district	53085
established pursuant to section 3311.521 of the Revised Code and	53086
each city, exempted village, and local school district that has	53087
territory within such a cooperative district, the curriculum	53088
adopted pursuant to divisions (A) to (D) of this section shall	53089
only include the study of the subjects that apply to the grades	53090
operated by each such school district. The curriculums for such	53091
schools, when combined, shall provide to each student of these	53092
districts all of the subjects required under divisions (A) to (D)	53093
of this section.	53094

(F) The board of education of any cooperative education	53095
school district established pursuant to divisions (A) to (C) of	53096
section 3311.52 of the Revised Code shall prescribe a curriculum	53097
for the subject areas and grade levels offered in any school under	53098
its control.	53099

(G) Upon the request of any parent or legal guardian of a	53100
student, the board of education of any school district shall	53101
permit the parent or guardian to promptly examine, with respect to	53102
the parent's or guardian's own child:	53103

(1) Any survey or questionnaire, prior to its administration	53104
to the child;	53105

(2) Any textbook, workbook, software, video, or other	53106
instructional materials being used by the district in connection	53107
with the instruction of the child;	53108

(3) Any completed and graded test taken or survey or	53109
questionnaire filled out by the child;	53110

(4) Copies of the statewide academic standards and each model	53111
curriculum developed pursuant to section 3301.079 of the Revised	53112
Code, which copies shall be available at all times during school	53113
hours in each district school building.	53114

Sec. 3313.602. (A) The board of education of each city,	53115
local, exempted village, and joint vocational school district	53116
shall adopt a policy specifying whether or not oral recitation of	53117
the pledge of allegiance to the flag shall be a part of the	53118
school's program and, if so, establishing a time and manner for	53119
the recitation. However, no board of education shall prohibit a	53120
classroom teacher from providing in the teacher's classroom	53121
reasonable periods of time for the oral recitation of the pledge	53122
of allegiance to the flag. The policy adopted under this division,	53123
and a teacher who includes recitation of the pledge in the	53124
classroom, shall not require any student to participate in the	53125
recitation and shall prohibit the intimidation of any student by	53126
other students or staff aimed at coercing participation.	53127

No board of education or employee of a city, local, exempted	53128
village, or joint vocational school district shall alter the words	53129
used in the oral recitation of the pledge of allegiance to the	53130
flag from the words set forth in 4 U.S.C. 4.	53131

(B) In the development of its graded course of study, the	53132
board of education of each city and exempted village school	53133
district and the governing board of each educational service	53134
center shall ensure that the principles of democracy and ethics	53135
are emphasized and discussed wherever appropriate in all parts of	53136
the curriculum for grades kindergarten through twelve.	53137

(C) Each city, local, exempted village, and joint vocational	53138
school board shall adopt policies that encourage all certificated	53139
and noncertificated employees to be cognizant of their roles in	53140
instilling ethical principles and democratic ideals in all	53141
district pupils.	53142

(D) The board of education of each city, local, joint	53143
vocational, chartered community, and exempted village school	53144
district, and the Cleveland scholarship and tutoring program,	53145
shall require each district school to devote time on or about	53146
Veterans' day to an observance that conveys the meaning and	53147
significance of that day. The amount of time each school devotes	53148
to this observance shall be at least one hour or, in schools that	53149
schedule class periods of less than one hour, at least one	53150
standard class period. The board shall determine the specific	53151
activities to constitute the observance in each school in the	53152
district after consultation with the school's administrators.	53153

Sec. 3313.603. (A) As used in this section:

53154

(1) "One unit" means a minimum of one hundred twenty hours of	53155
course instruction, except that for a laboratory course, "one	53156
unit" means a minimum of one hundred fifty hours of course	53157
instruction.	53158

(2) "One-half unit" means a minimum of sixty hours of course	53159
instruction, except that for physical education courses, "one-half	53160
unit" means a minimum of one hundred twenty hours of course	53161
instruction.	53162

(B) Beginning September 15, 2001, except as required in	53163
division (C) of this section and division (C) of section 3313.614	53164
of the Revised Code, the requirements for graduation from every	53165
high school shall include twenty units earned in grades nine	53166
through twelve and shall be distributed as follows:	53167

(1) English language arts, four units;

53168

(2) Health, one-half unit;

53169

(3) Mathematics, three units;

53170

(4) Physical education, one-half unit;

53171

(5) Science, two units until September 15, 2003, and three	53172
units thereafter, which at all times shall include both of the	53173
following:	53174

(a) Biological sciences, one unit;

53175

(b) Physical sciences, one unit.

53176

(6) Social studies, three units, which shall include both of	53177
the following:	53178

(a) American history, one-half unit;

53179

(b) American government, one-half unit.

53180

(7) Elective units, seven units until September 15, 2003, and	53181
six units thereafter.	53182

Each student's electives shall include at least one unit, or	53183
two half units, chosen from among the areas of	53184
business/technology, fine arts, and/or foreign language.	53185

(C) Beginning with students who enter ninth grade for the	53186
first time on or after July 1, 2010, except as provided in	53187
divisions (D) to (F) of this section, the requirements for	53188
graduation from every public and chartered nonpublic high school	53189
shall include twenty units that are designed to prepare students	53190
for the workforce and college. The units shall be distributed as	53191
follows:	53192

(1) English language arts, four units;

53193

(2) Health, one-half unit;

53194

(3) Mathematics, four units, which shall include one unit of	53195
algebra II or the equivalent of algebra II;	53196

(4) Physical education, one-half unit;

53197

(5) Science, three units with inquiry-based laboratory	53198
experience that engages students in asking valid scientific	53199
questions and gathering and analyzing information, which shall	53200
include the following, or their equivalent:	53201

(a) Physical sciences, one unit;

53202

(b) Life sciences, one unit;

53203

(c) Advanced study in one or more of the following sciences,	53204
one unit:	53205

(i) Chemistry, physics, or other physical science;

53206

(ii) Advanced biology or other life science;

53207

(iii) Astronomy, physical geology, or other earth or space	53208
science.	53209

(6) Social studies, three units, which shall include both of	53210
the following:	53211

(a) American history, one-half unit;

53212

(b) American government, one-half unit.

53213

Each school shall integrate the study of economics and	53214
financial literacy, as expressed in the social studies academic	53215
content standards adopted by the state board of education under	53216
division (A)(1) of section 3301.079 of the Revised Code and the	53217
academic content standards for financial literacy and	53218
entrepreneurship adopted under division (A)(2) of that section,	53219
into one or more existing social studies credits required under	53220
division (C)(6) of this section, or into the content of another	53221
class, so that every high school student receives instruction in	53222
those concepts. In developing the curriculum required by this	53223
paragraph, schools shall use available public-private	53224
partnerships and resources and materials that exist in business,	53225
industry, and through the centers for economics education at	53226
institutions of higher education in the state.	53227

(7) Five units consisting of one or any combination of	53228
foreign language, fine arts, business, career-technical education,	53229
family and consumer sciences, technology, agricultural education,	53230
or English language arts, mathematics, science, or social studies	53231
courses not otherwise required under division (C) of this section.	53232

Ohioans must be prepared to apply increased knowledge and	53233
skills in the workplace and to adapt their knowledge and skills	53234
quickly to meet the rapidly changing conditions of the	53235
twenty-first century. National studies indicate that all high	53236
school graduates need the same academic foundation, regardless of	53237
the opportunities they pursue after graduation. The goal of Ohio's	53238
system of elementary and secondary education is to prepare all	53239
students for and seamlessly connect all students to success in	53240
life beyond high school graduation, regardless of whether the next	53241
step is entering the workforce, beginning an apprenticeship,	53242
engaging in post-secondary training, serving in the military, or	53243
pursuing a college degree.	53244

The Ohio core curriculum is the standard expectation for all	53245
students entering ninth grade for the first time at a public or	53246
chartered nonpublic high school on or after July 1, 2010. A	53247
student may satisfy this expectation through a variety of methods,	53248
including, but not limited to, integrated, applied,	53249
career-technical, and traditional coursework.	53250

Whereas teacher quality is essential for student success in	53251
completing the Ohio core curriculum, the general assembly shall	53252
appropriate funds for strategic initiatives designed to strengthen	53253
schools' capacities to hire and retain highly qualified teachers	53254
in the subject areas required by the curriculum. Such initiatives	53255
are expected to require an investment of $120,000,000 over five	53256
years.	53257

Stronger coordination between high schools and institutions	53258
of higher education is necessary to prepare students for more	53259
challenging academic endeavors and to lessen the need for academic	53260
remediation in college, thereby reducing the costs of higher	53261
education for Ohio's students, families, and the state. The state	53262
board of education,and the chancellor of the Ohio board of	53263
regents~~, and the partnership for continued learning~~ shall develop	53264
policies to ensure that only in rare instances will students who	53265
complete the Ohio core curriculum require academic remediation	53266
after high school.	53267

School districts, community schools, and chartered nonpublic	53268
schools shall integrate technology into learning experiences	53269
whenever practicable across the curriculum in order to maximize	53270
efficiency, enhance learning, and prepare students for success in	53271
the technology-driven twenty-first century. Districts and schools	53272
may use distance and web-based course delivery as a method of	53273
providing or augmenting all instruction required under this	53274
division, including laboratory experience in science. Districts	53275
and schools shall whenever practicable utilize technology access	53276
and electronic learning opportunities provided by the eTech Ohio	53277
commission, the Ohio learning network, education technology	53278
centers, public television stations, and other public and private	53279
providers.	53280

(D) Except as provided in division (E) of this section, a	53281
student who enters ninth grade on or after July 1, 2010, and	53282
before July 1, 2014, may qualify for graduation from a public or	53283
chartered nonpublic high school even though the student has not	53284
completed the Ohio core curriculum prescribed in division (C) of	53285
this section if all of the following conditions are satisfied:	53286

(1) After the student has attended high school for two years,	53287
as determined by the school, the student and the student's parent,	53288
guardian, or custodian sign and file with the school a written	53289
statement asserting the parent's, guardian's, or custodian's	53290
consent to the student's graduating without completing the Ohio	53291
core curriculum and acknowledging that one consequence of not	53292
completing the Ohio core curriculum is ineligibility to enroll in	53293
most state universities in Ohio without further coursework.	53294

(2) The student and parent, guardian, or custodian fulfill	53295
any procedural requirements the school stipulates to ensure the	53296
student's and parent's, guardian's, or custodian's informed	53297
consent and to facilitate orderly filing of statements under	53298
division (D)(1) of this section.	53299

(3) The student and the student's parent, guardian, or	53300
custodian and a representative of the student's high school	53301
jointly develop an individual career plan for the student that	53302
specifies the student matriculating to a two-year degree program,	53303
acquiring a business and industry credential, or entering an	53304
apprenticeship.	53305

(4) The student's high school provides counseling and support	53306
for the student related to the plan developed under division	53307
(D)(3) of this section during the remainder of the student's high	53308
school experience.	53309

(5) The student successfully completes, at a minimum, the	53310
curriculum prescribed in division (B) of this section.	53311

The ~~partnership for continued learning~~department of	53312
education, in collaboration with the ~~department of education and~~	53313
the chancellor of the Ohio board of regents, shall analyze	53314
student performance data to determine if there are mitigating	53315
factors that warrant extending the exception permitted by	53316
division (D) of this section to high school classes beyond those	53317
entering ninth grade before July 1, 2014. The ~~partnership~~	53318
department shall submit its findings and any recommendations not	53319
later than August 1, 2014, to the speaker and minority leader of	53320
the house of representatives, the president and minority leader	53321
of the senate, the chairpersons and ranking minority members of	53322
the standing committees of the house of representatives and the	53323
senate that consider education legislation, the state board of	53324
education, and the superintendent of public instruction.	53325

(E) Each school district and chartered nonpublic school	53326
retains the authority to require an even more rigorous minimum	53327
curriculum for high school graduation than specified in division	53328
(B) or (C) of this section. A school district board of education,	53329
through the adoption of a resolution, or the governing authority	53330
of a chartered nonpublic school may stipulate any of the	53331
following:	53332

(1) A minimum high school curriculum that requires more than	53333
twenty units of academic credit to graduate;	53334

(2) An exception to the district's or school's minimum high	53335
school curriculum that is comparable to the exception provided in	53336
division (D) of this section but with additional requirements,	53337
which may include a requirement that the student successfully	53338
complete more than the minimum curriculum prescribed in division	53339
(B) of this section;	53340

(3) That no exception comparable to that provided in division	53341
(D) of this section is available.	53342

(F) A student enrolled in a dropout prevention and recovery	53343
program, which program has received a waiver from the department	53344
of education, may qualify for graduation from high school by	53345
successfully completing a competency-based instructional program	53346
administered by the dropout prevention and recovery program in	53347
lieu of completing the Ohio core curriculum prescribed in division	53348
(C) of this section. The department shall grant a waiver to a	53349
dropout prevention and recovery program, within sixty days after	53350
the program applies for the waiver, if the program meets all of	53351
the following conditions:	53352

(1) The program serves only students not younger than sixteen	53353
years of age and not older than twenty-one years of age.	53354

(2) The program enrolls students who, at the time of their	53355
initial enrollment, either, or both, are at least one grade level	53356
behind their cohort age groups or experience crises that	53357
significantly interfere with their academic progress such that	53358
they are prevented from continuing their traditional programs.	53359

(3) The program requires students to attain at least the	53360
applicable score designated for each of the ~~tests~~assessments	53361
prescribed under division (B)(1) of section 3301.0710 of the	53362
Revised Code or, to the extent prescribed by rule of the state	53363
board of education under division (E)(6) of section 3301.0712 of	53364
the Revised Code, division (B)(2) of that section.	53365

(4) The program develops an individual career plan for the	53366
student that specifies the student's matriculating to a two-year	53367
degree program, acquiring a business and industry credential, or	53368
entering an apprenticeship.	53369

(5) The program provides counseling and support for the	53370
student related to the plan developed under division (F)(4) of	53371
this section during the remainder of the student's high school	53372
experience.	53373

(6) The program requires the student and the student's	53374
parent, guardian, or custodian to sign and file, in accordance	53375
with procedural requirements stipulated by the program, a written	53376
statement asserting the parent's, guardian's, or custodian's	53377
consent to the student's graduating without completing the Ohio	53378
core curriculum and acknowledging that one consequence of not	53379
completing the Ohio core curriculum is ineligibility to enroll in	53380
most state universities in Ohio without further coursework.	53381

(7) Prior to receiving the waiver, the program has submitted	53382
to the department an instructional plan that demonstrates how the	53383
academic content standards adopted by the state board of education	53384
under section 3301.079 of the Revised Code will be taught and	53385
assessed.	53386

If the department does not act either to grant the waiver or	53387
to reject the program application for the waiver within sixty days	53388
as required under this section, the waiver shall be considered to	53389
be granted.	53390

(G) Every high school may permit students below the ninth	53391
grade to take advanced work ~~for~~. If a high school so permits, it	53392
shall award high school credit~~. A high school~~for successful	53393
completion of the advanced work and shall count such advanced work	53394
toward the graduation requirements of division (B) or (C) of this	53395
section if the advanced work was both:	53396

(1) Taught by a person who possesses a license or certificate	53397
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	53398
Code that is valid for teaching high school;	53399

(2) Designated by the board of education of the city, local,	53400
or exempted village school district, the board of the cooperative	53401
education school district, or the governing authority of the	53402
chartered nonpublic school as meeting the high school curriculum	53403
requirements.	53404

Each high school shall record on the student's high school	53405
transcript all high school credit awarded under division (G) of	53406
this section. In addition, if the student completed a seventh- or	53407
eighth-grade fine arts course described in division (K) of this	53408
section and the course qualified for high school credit under that	53409
division, the high school shall record that course on the	53410
student's high school transcript.	53411

(H) The department shall make its individual academic career	53412
plan available through its Ohio career information system web site	53413
for districts and schools to use as a tool for communicating with	53414
and providing guidance to students and families in selecting high	53415
school courses.	53416

(I) Units earned in English language arts, mathematics,	53417
science, and social studies that are delivered through integrated	53418
academic and career-technical instruction are eligible to meet the	53419
graduation requirements of division (B) or (C) of this section.	53420

(J) The state board of education, in consultation with the	53421
chancellor of the Ohio board of regents ~~and the partnership for~~	53422
~~continued learning~~, shall adopt a statewide plan implementing	53423
methods for students to earn units of high school credit based on	53424
a demonstration of subject area competency, instead of or in	53425
combination with completing hours of classroom instruction. The	53426
state board shall adopt the plan not later than March 31, 2009,	53427
and commence phasing in the plan during the 2009-2010 school	53428
year. The plan shall include a standard method for recording	53429
demonstrated proficiency on high school transcripts. Each school	53430
district, community school, and chartered nonpublic school shall	53431
comply with the state board's plan adopted under this division	53432
and award units of high school credit in accordance with the	53433
plan. The state board may adopt existing methods for earning high	53434
school credit based on a demonstration of subject area competency	53435
as necessary prior to the 2009-2010 school year.	53436

(K) This division does not apply to students who qualify for	53437
graduation from high school under division (D) or (F) of this	53438
section, or to students pursuing a career-technical instructional	53439
track as determined by the school district board of education or	53440
the chartered nonpublic school's governing authority.	53441
Nevertheless, the general assembly encourages such students to	53442
consider enrolling in a fine arts course as an elective.	53443

Beginning with students who enter ninth grade for the first	53444
time on or after July 1, 2010, each student enrolled in a public	53445
or chartered nonpublic high school shall complete two semesters or	53446
the equivalent of fine arts to graduate from high school. The	53447
coursework may be completed in any of grades seven to twelve. Each	53448
student who completes a fine arts course in grade seven or eight	53449
may elect to count that course toward the five units of electives	53450
required for graduation under division (C)(7) of this section, if	53451
the course satisfied the requirements of division (G) of this	53452
section. In that case, the high school shall award the student	53453
high school credit for the course and count the course toward the	53454
five units required under division (C)(7) of this section. If the	53455
course in grade seven or eight did not satisfy the requirements of	53456
division (G) of this section, the high school shall not award the	53457
student high school credit for the course but shall count the	53458
course toward the two semesters or the equivalent of fine arts	53459
required by this division.	53460

(L) Notwithstanding anything to the contrary in this section,	53461
the board of education of each school district and the governing	53462
authority of each chartered nonpublic school may adopt a policy to	53463
excuse from the high school physical education requirement each	53464
student who, during high school, has participated in	53465
interscholastic athletics, marching band, or cheerleading for at	53466
least two full seasons. If the board or authority adopts such a	53467
policy, the board or authority shall not require the student to	53468
complete any physical education course as a condition to graduate.	53469
However, the student shall be required to complete one-half unit,	53470
consisting of at least sixty hours of instruction, in another	53471
course of study.	53472

Sec. 3313.605. (A) As used in this section:

53473

(1) "Civic responsibility" means the patriotic and ethical	53474
duties of all citizens to take an active role in society and to	53475
consider the interests and concerns of other individuals in the	53476
community.	53477

(2) "Volunteerism" means nonprofit activity in the United	53478
States, the benefits and limitations of nonprofit activities, and	53479
the presence and function of nonprofit civic and charitable	53480
organizations in the United States.	53481

(3) "Community service" means a service performed through	53482
educational institutions, government agencies, nonprofit	53483
organizations, social service agencies, and philanthropies and	53484
generally designed to provide direct experience with people or	53485
project planning, with the goal of improving the quality of life	53486
for the community. Such activities may include but are not limited	53487
to tutoring, literacy training, neighborhood improvement,	53488
encouraging interracial and multicultural understanding, promoting	53489
ideals of patriotism, increasing environmental safety, assisting	53490
the elderly or disabled, and providing mental health care,	53491
housing, drug abuse prevention programs, and other philanthropic	53492
programs, particularly for disadvantaged or low-income persons.	53493

(B) ~~Any~~The board of education of each city, local, exempted	53494
village, orand joint vocational school district ~~board of~~	53495
~~education may~~, the governing authority of each community school	53496
established under Chapter 3314. of the Revised Code, and the	53497
governing body of each STEM school established under Chapter 3326.	53498
of the Revised Code may include community service education in	53499
~~the~~its educational program ~~of the district by adopting a~~	53500
~~resolution to that effect~~. A governing board of an educational	53501
service center, upon the request of a local school district board	53502
of education, may provide a community service education program	53503
for the local district pursuant to this section. ~~Any board~~	53504
~~implementing~~If a board, governing authority, or governing body	53505
includes community service education in its education program, the	53506
board, governing authority, or governing body shall do both of	53507
the following:	53508

(1) Establish a community service advisory committee. The	53509
committee shall provide recommendations to the board, governing	53510
authority, or governing body regarding a community service plan	53511
for students ~~in all grades of the schools under control of the~~	53512
~~board~~ and shall oversee and assist in the implementation of the	53513
plan adopted by the board, governing authority, or governing body	53514
under division (B)(2) of this section. Each board, governing	53515
authority, or governing body shall determine the membership and	53516
organization of its advisory committee and may designate an	53517
existing committee established for another purpose to serve as the	53518
community service advisory committee; however, each such	53519
committee shall include two or more students and shall include or	53520
consult with at least one person employed in the field of	53521
volunteer management who devotes at least fifty per cent of	53522
employment hours to coordinating volunteerism among community	53523
organizations. The committee members may include representatives	53524
of parents, teachers, administrators, other educational	53525
institutions, business, government, nonprofit organizations,	53526
veterans organizations, social service agencies, religious	53527
organizations, and philanthropies.	53528

(2) Develop and implement a community service plan ~~for~~	53529
~~students in all grades of the schools under control of the board~~.	53530
To assist in establishing its plan, the board, governing	53531
authority, or governing body shall consult with and may contract	53532
with one or more local or regional organizations with experience	53533
in volunteer program development and management. Each community	53534
service plan adopted under this division shall be based upon the	53535
recommendations of the advisory committee and shall provide for	53536
all of the following:	53537

(a) Education of students in the value of community service	53538
and its contributions to the history of this state and this	53539
nation;	53540

(b) Identification of opportunities for students to provide	53541
community service;	53542

53543

(d) Integration of community service opportunities into the	53544
curriculum;	53545

(e) A community service instructional program for teachers,	53546
including strategies for the teaching of community service	53547
education, for the discovery of community service opportunities,	53548
and for the motivation of students to become involved in community	53549
service.	53550

Plans shall be reviewed periodically by the advisory	53551
committee and, if necessary, revised by the board, governing	53552
authority, or governing body at least once every five years.	53553

~~Plans shall emphasize community service opportunities that~~	53554
~~can most effectively use the skills of students, such as tutoring~~	53555
~~or literacy programs.~~ Plans shall provide for students to perform	53556
services under the plan that will not supplant the hiring of,	53557
result in the displacement of, or impair any existing employment	53558
contract of any particular employee of any private or governmental	53559
entity for which the services are performed. The plan shall	53560
provide for any entity utilizing a student to perform community	53561
service under the plan to verify to the board that the student	53562
does not supplant the hiring of, displace, or impair the	53563
employment contract of any particular employee of the entity.	53564

Upon adoption, a board, governing authority, or governing	53565
body shall submit a copy of its plan to the department of	53566
education. Each city and exempted village board of education and	53567
each governing board of a service center shall include a copy of	53568
its plan in any course of study adopted under section 3313.60 of	53569
the Revised Code that is required to be submitted for approval to	53570
the state board for review. A joint vocational school district	53571
board of education shall submit a copy of its plan to the state	53572
board for review when required to do so by the state board. A	53573
local board shall forward its plan to the educational service	53574
center governing board for inclusion in the governing board's	53575
course of study. ~~By December 1, 1992, and periodically thereafter,~~	53576
~~the~~The department ~~of education~~periodically shall review all	53577
plans and publish those plans that could serve as models for other	53578
school districts or, educational service centers, community	53579
schools, or STEM schools.	53580

(C) AUnder this section, a board ~~integrating community~~	53581
~~service education into the curriculum~~, governing authority, or	53582
governing body may only grant high school credit for a community	53583
service education course if approximately half of the course is	53584
devoted to classroom study of such matters as civic	53585
responsibility, the history of volunteerism, and community service	53586
training and approximately half of the course is devoted to	53587
community service.	53588

Each board, governing authority, or governing body shall	53589
determine which specific activities will serve to fulfill the	53590
required hours of community service.	53591

(D) The superintendent of public instruction shall develop	53592
guidelines for the development and implementation of a rubric to	53593
evaluate and rate community service education projects for use by	53594
districts, governing authorities, and governing boards that adopt	53595
a community service education plan.	53596

(E) The state superintendent shall adopt rules for granting a	53597
student special certification, special recognition on a diploma,	53598
or special notification in the student's record upon the student's	53599
successful completion of an approved community service project.	53600

The district board, governing authority, or governing body	53601
shall use a rubric developed in accordance with division (D) of	53602
this section to determine whether a community service project	53603
warrants recognition on a student's diploma under this division.	53604

Sec. 3313.608. (A) Beginning with students who enter third	53605
grade in the school year that starts July 1, ~~2003~~2009, for any	53606
student who attains a score in the range designated under division	53607
(A)(2)~~(e)~~(c) of section 3301.0710 of the Revised Code on the ~~test~~	53608
assessment prescribed under that section to measure skill in	53609
~~reading~~English language arts expected at the end of third grade,	53610
each school district, in accordance with the policy adopted under	53611
section 3313.609 of the Revised Code, shall do one of the	53612
following:	53613

(1) Promote the student to fourth grade if the student's	53614
principal and reading teacher agree that other evaluations of the	53615
student's skill in reading demonstrate that the student is	53616
academically prepared to be promoted to fourth grade;	53617

(2) Promote the student to fourth grade but provide the	53618
student with intensive intervention services in fourth grade;	53619

(3) Retain the student in third grade.

53620

(B)(1) To assist students in meeting this third grade	53621
guarantee established by this section, each school district shall	53622
adopt policies and procedures with which it shall annually assess	53623
the reading skills of each student at the end of first and second	53624
grade and identify students who are reading below their grade	53625
level. If the diagnostic assessment to measure ~~reading~~English	53626
language arts ability for the appropriate grade level has been	53627
developed in accordance with division (D)(1) of section 3301.079	53628
of the Revised Code, each school district shall use such	53629
diagnostic assessment to identify such students, except that any	53630
district to which division (E) of section 3301.0715 of the	53631
Revised Code applies may use another assessment to identify such	53632
students. The policies and procedures shall require the students'	53633
classroom teachers to be involved in the assessment and the	53634
identification of students reading below grade level. The	53635
district shall notify the parent or guardian of each student whose	53636
reading skills are below grade level and, in accordance with	53637
division (C) of this section, provide intervention services to	53638
each student reading below grade level. Such intervention	53639
services shall include instruction in intensive, systematic	53640
phonetics pursuant to rules adopted by the state board of	53641
education.	53642

(2) For each student entering third grade after July 1, ~~2003~~	53643
2009, who does not attain by the end of the third grade at least a	53644
score in the range designated under division (A)(2)~~(c)~~(b) of	53645
section 3301.0710 of the Revised Code on the ~~test~~assessment	53646
prescribed under that section to measure skill in ~~reading~~English	53647
language arts expected at the end of third grade, the district	53648
also shall offer intense remediation services during the summer	53649
following third grade.	53650

(C) For each student required to be offered intervention	53651
services under this section, the district shall involve the	53652
student's parent or guardian and classroom teacher in developing	53653
the intervention strategy, and shall offer to the parent or	53654
guardian the opportunity to be involved in the intervention	53655
services.	53656

(D) Any summer remediation services funded in whole or in	53657
part by the state and offered by school districts to students	53658
under this section shall meet the following conditions:	53659

(1) The remediation methods are based on reliable educational	53660
research.	53661

(2) The school districts conduct ~~testing~~assessment before	53662
and after students participate in the program to facilitate	53663
monitoring results of the remediation services.	53664

(3) The parents of participating students are involved in	53665
programming decisions.	53666

(4) The services are conducted in a school building or	53667
community center and not on an at-home basis.	53668

(E) This section does not create a new cause of action or a	53669
substantive legal right for any person.	53670

Sec. 3313.6013. (A) As used in this section, "dual	53671
enrollment program" means a program that enables a student to earn	53672
credit toward a degree from an institution of higher education	53673
while enrolled in high school or that enables a student to	53674
complete coursework while enrolled in high school that may earn	53675
credit toward a degree from an institution of higher education	53676
upon the student's attainment of a specified score on an	53677
examination covering the coursework. Dual enrollment programs may	53678
include any of the following:	53679

(1) The post-secondary enrollment options program established	53680
under Chapter 3365. of the Revised Code;	53681

(2) Advanced placement courses;

53682

(3) Any similar program established pursuant to an agreement	53683
between a school district or chartered nonpublic high school and	53684
an institution of higher education.	53685

(B) Each city, local, exempted village, and joint vocational	53686
school district and each chartered nonpublic high school shall	53687
provide students enrolled in grades nine through twelve with the	53688
opportunity to participate in a dual enrollment program. For this	53689
purpose, each school district and chartered nonpublic high school	53690
shall offer at least one dual enrollment program in accordance	53691
with division (B)(1) or (2) of this section, as applicable.	53692

(1) A city, local, or exempted village school district meets	53693
the requirements of this division through its mandatory	53694
participation in the post-secondary enrollment options program	53695
established under Chapter 3365. of the Revised Code. However, a	53696
city, local, or exempted village school district may offer any	53697
other dual enrollment program, in addition to the post-secondary	53698
enrollment options program, and each joint vocational school	53699
district shall offer at least one other duel enrollment program,	53700
to students in good standing, as defined by the partnership for	53701
continued learning under section 3301.42 of the Revised Code as it	53702
existed prior to the effective date of this amendment or as	53703
subsequently defined by the department of education.	53704

(2) A chartered nonpublic high school that elects to	53705
participate in the post-secondary enrollment options program	53706
established under Chapter 3365. of the Revised Code meets the	53707
requirements of this division. Each chartered nonpublic high	53708
school that elects not to participate in the post-secondary	53709
enrollment options program instead shall offer at least one other	53710
dual enrollment program to students in good standing, as defined	53711
by the partnership for continued learning under section 3301.42 of	53712
the Revised Code as it existed prior to the effective date of this	53713
amendment or as subsequently defined by the department of	53714
education.	53715

(C) Each school district and each chartered nonpublic high	53716
school shall provide information about the dual enrollment	53717
programs offered by the district or school to all students	53718
enrolled in grades eight through eleven.	53719

Sec. 3313.6015. The board of education of each city, exempted	53720
village, and local school district shall adopt a resolution	53721
describing how the district will address college and career	53722
readiness and financial literacy in its curriculum for grade seven	53723
or eight and for any other grades in which the board determines	53724
that those subjects should be addressed. The board shall submit a	53725
copy of the resolution to the department of education.	53726

Sec. 3313.61. (A) A diploma shall be granted by the board of	53727
education of any city, exempted village, or local school district	53728
that operates a high school to any person to whom all of the	53729
following apply:	53730

(1) The person has successfully completed the curriculum in	53731
any high school or the individualized education program developed	53732
for the person by any high school pursuant to section 3323.08 of	53733
the Revised Code, or has qualified under division (D) or (F) of	53734
section 3313.603 of the Revised Code, provided that no school	53735
district shall require a student to remain in school for any	53736
specific number of semesters or other terms if the student	53737
completes the required curriculum early;	53738

(2) Subject to section 3313.614 of the Revised Code, the	53739
person has met the assessment requirements of division (A)(2)(a)	53740
or (b) of this section, as applicable.	53741

(a) If the person entered the ninth grade prior to the date	53742
prescribed by rule of the state board of education under division	53743
(E)(2) of section 3301.0712 of the Revised Code, the person	53744
either:	53745

~~(a)~~(i) Has attained at least the applicable scores designated	53746
under division (B)(1) of section 3301.0710 of the Revised Code on	53747
all the ~~tests~~assessments required by that division unless the	53748
person was excused from taking any such ~~test~~assessment pursuant	53749
to section 3313.532 of the Revised Code or unless division (H) or	53750
(L) of this section applies to the person;	53751

~~(b)~~(ii) Has satisfied the alternative conditions prescribed	53752
in section 3313.615 of the Revised Code.	53753

(b) If the person entered the ninth grade on or after the	53754
date prescribed by rule of the state board under division (E)(2)	53755
of section 3301.0712 of the Revised Code, the person has	53756
attained on the entire assessment system prescribed under	53757
division (B)(2) of section 3301.0710 of the Revised Code at	53758
least the required passing composite score, designated under	53759
division (C)(1) of section 3301.0712 of the Revised Code, except	53760
to the extent that the person is excused from some portion of	53761
that assessment system pursuant to section 3313.532 of the	53762
Revised Code or division (H) or (L) of this section.	53763

(3) The person is not eligible to receive an honors diploma	53764
granted pursuant to division (B) of this section.	53765

Except as provided in divisions (C), (E), (J), and (L) of	53766
this section, no diploma shall be granted under this division to	53767
anyone except as provided under this division.	53768

(B) In lieu of a diploma granted under division (A) of this	53769
section, an honors diploma shall be granted, in accordance with	53770
rules of the state board ~~of education~~, by any such district board	53771
to anyone who accomplishes all of the following:	53772

(1) Successfully completes the curriculum in any high school	53773
or the individualized education program developed for the person	53774
by any high school pursuant to section 3323.08 of the Revised	53775
Code;	53776

(2) Subject to section 3313.614 of the Revised Code, has met	53777
the assessment requirements of division (B)(2)(a) or (b) of this	53778
section, as applicable.	53779

(a) If the person entered the ninth grade prior to the date	53780
prescribed by rule of the state board of education under division	53781
(E)(2) of section 3301.0712 of the Revised Code, the person	53782
either:	53783

~~(a)~~(i) Has attained at least the applicable scores designated	53784
under division (B)(1) of section 3301.0710 of the Revised Code on	53785
all the ~~tests~~assessments required by that division;	53786

~~(b)~~(ii) Has satisfied the alternative conditions prescribed	53787
in section 3313.615 of the Revised Code.	53788

(b) If the person entered the ninth grade on or after the	53789
date prescribed by rule of the state board under division (E)(2)	53790
of section 3301.0712 of the Revised Code, the person has attained	53791
on the entire assessment system prescribed under division (B)(2)	53792
of section 3301.0710 of the Revised Code at least the required	53793
passing composite score, designated under division (C)(1) of	53794
section 3301.0712 of the Revised Code.	53795

(3) Has met additional criteria established by the state	53796
board for the granting of such a diploma.	53797

An honors diploma shall not be granted to a student who is	53798
subject to the Ohio core curriculum prescribed in division (C) of	53799
section 3313.603 of the Revised Code but elects the option of	53800
division (D) or (F) of that section. Except as provided in	53801
divisions (C), (E), and (J) of this section, no honors diploma	53802
shall be granted to anyone failing to comply with this division	53803
and no more than one honors diploma shall be granted to any	53804
student under this division.	53805

The state board shall adopt rules prescribing the granting of	53806
honors diplomas under this division. These rules may prescribe the	53807
granting of honors diplomas that recognize a student's achievement	53808
as a whole or that recognize a student's achievement in one or	53809
more specific subjects or both. The rules may prescribe the	53810
granting of an honors diploma recognizing technical expertise for	53811
a career-technical student. In any case, the rules shall designate	53812
two or more criteria for the granting of each type of honors	53813
diploma the board establishes under this division and the number	53814
of such criteria that must be met for the granting of that type of	53815
diploma. The number of such criteria for any type of honors	53816
diploma shall be at least one less than the total number of	53817
criteria designated for that type and no one or more particular	53818
criteria shall be required of all persons who are to be granted	53819
that type of diploma.	53820

(C) Any ~~such~~ district board administering any of the ~~tests~~	53821
assessments required by section 3301.0710 ~~or 3301.0712~~ of the	53822
Revised Code to any person requesting to take such ~~test~~assessment	53823
pursuant to division (B)(8)(b) of section 3301.0711 of the Revised	53824
Code shall award a diploma to such person if the person attains at	53825
least the applicable scores designated under division (B)(1) of	53826
section 3301.0710 of the Revised Code on all the ~~tests~~assessments	53827
administered and if the person has previously attained the	53828
applicable scores on all the other ~~tests~~assessments required by	53829
division (B)(1) of that section or has been exempted or excused	53830
from attaining the applicable score on any such ~~test~~assessment	53831
pursuant to division (H) or (L) of this section or from taking	53832
any such ~~test~~assessment pursuant to section 3313.532 of the	53833
Revised Code.	53834

(D) Each diploma awarded under this section shall be signed	53835
by the president and treasurer of the issuing board, the	53836
superintendent of schools, and the principal of the high school.	53837
Each diploma shall bear the date of its issue, be in such form as	53838
the district board prescribes, and be paid for out of the	53839
district's general fund.	53840

(E) A person who is a resident of Ohio and is eligible under	53841
state board of education minimum standards to receive a high	53842
school diploma based in whole or in part on credits earned while	53843
an inmate of a correctional institution operated by the state or	53844
any political subdivision thereof, shall be granted such diploma	53845
by the correctional institution operating the programs in which	53846
such credits were earned, and by the board of education of the	53847
school district in which the inmate resided immediately prior to	53848
the inmate's placement in the institution. The diploma granted by	53849
the correctional institution shall be signed by the director of	53850
the institution, and by the person serving as principal of the	53851
institution's high school and shall bear the date of issue.	53852

(F) Persons who are not residents of Ohio but who are inmates	53853
of correctional institutions operated by the state or any	53854
political subdivision thereof, and who are eligible under state	53855
board of education minimum standards to receive a high school	53856
diploma based in whole or in part on credits earned while an	53857
inmate of the correctional institution, shall be granted a diploma	53858
by the correctional institution offering the program in which the	53859
credits were earned. The diploma granted by the correctional	53860
institution shall be signed by the director of the institution and	53861
by the person serving as principal of the institution's high	53862
school and shall bear the date of issue.	53863

(G) The state board of education shall provide by rule for	53864
the administration of the ~~tests~~assessments required by section	53865
3301.0710 of the Revised Code to inmates of correctional	53866
institutions.	53867

(H) Any person to whom all of the following apply shall be	53868
exempted from attaining the applicable score on the ~~test~~	53869
assessment in social studies designated under division (B)(1) of	53870
section 3301.0710 of the Revised Code, any social studies	53871
end-of-course examination required under division (B)(2) of that	53872
section if such an exemption is prescribed by rule of the state	53873
board under division (E)(4) of section 3301.0712 of the Revised	53874
Code, or the test in citizenship designated under former division	53875
(B) of section 3301.0710 of the Revised Code as it existed prior	53876
to September 11, 2001:	53877

(1) The person is not a citizen of the United States;

53878

(2) The person is not a permanent resident of the United	53879
States;	53880

(3) The person indicates no intention to reside in the United	53881
States after the completion of high school.	53882

(I) Notwithstanding division (D) of section 3311.19 and	53883
division (D) of section 3311.52 of the Revised Code, this section	53884
and section 3311.611 of the Revised Code do not apply to the board	53885
of education of any joint vocational school district or any	53886
cooperative education school district established pursuant to	53887
divisions (A) to (C) of section 3311.52 of the Revised Code.	53888

(J) Upon receipt of a notice under division (D) of section	53889
3325.08 of the Revised Code that a student has received a diploma	53890
under that section, the board of education receiving the notice	53891
may grant a high school diploma under this section to the student,	53892
except that such board shall grant the student a diploma if the	53893
student meets the graduation requirements that the student would	53894
otherwise have had to meet to receive a diploma from the district.	53895
The diploma granted under this section shall be of the same type	53896
the notice indicates the student received under section 3325.08 of	53897
the Revised Code.	53898

(K) As used in this division, "limited English proficient	53899
student" has the same meaning as in division (C)(3) of section	53900
3301.0711 of the Revised Code.	53901

Notwithstanding division (C)(3) of section 3301.0711 of the	53902
Revised Code, no limited English proficient student who has not	53903
either attained the applicable scores designated under division	53904
(B)(1) of section 3301.0710 of the Revised Code on all the ~~tests~~	53905
assessments required by that division, or attained the composite	53906
score designated for the assessments required by division (B)(2)	53907
of that section, shall be awarded a diploma under this section.	53908

(L) Any student described by division (A)(1) of this section	53909
may be awarded a diploma without attaining the applicable scores	53910
designated on the ~~tests~~assessments prescribed under division (B)	53911
of section 3301.0710 of the Revised Code provided an	53912
individualized education program specifically exempts the student	53913
from attaining such scores. This division does not negate the	53914
requirement for such a student to take all such ~~tests~~assessments	53915
or alternate assessments required by division (C)(1) of section	53916
3301.0711 of the Revised Code for the purpose of assessing student	53917
progress as required by federal law.	53918

Sec. 3313.611. (A) The state board of education shall adopt,	53919
by rule, standards for awarding high school credit equivalent to	53920
credit for completion of high school academic and vocational	53921
education courses to applicants for diplomas under this section.	53922
The standards may permit high school credit to be granted to an	53923
applicant for any of the following:	53924

(1) Work experiences or experiences as a volunteer;

53925

(2) Completion of academic, vocational, or self-improvement	53926
courses offered to persons over the age of twenty-one by a	53927
chartered public or nonpublic school;	53928

(3) Completion of academic, vocational, or self-improvement	53929
courses offered by an organization, individual, or educational	53930
institution other than a chartered public or nonpublic school;	53931

(4) Other life experiences considered by the board to provide	53932
knowledge and learning experiences comparable to that gained in a	53933
classroom setting.	53934

(B) The board of education of any city, exempted village, or	53935
local school district that operates a high school shall grant a	53936
diploma of adult education to any applicant if all of the	53937
following apply:	53938

(1) The applicant is a resident of the district;

53939

(2) The applicant is over the age of twenty-one and has not	53940
been issued a diploma as provided in section 3313.61 of the	53941
Revised Code;	53942

(3) Subject to section 3313.614 of the Revised Code, the	53943
applicant has met the assessment requirements of division	53944
(B)(3)(a) or (b) of this section, as applicable.	53945

(a) Prior to the date prescribed by rule of the state board	53946
under division (E)(3) of section 3301.0712 of the Revised Code,	53947
the applicant either:	53948

~~(a)~~(i) Has attained the applicable scores designated under	53949
division (B)(1) of section 3301.0710 of the Revised Code on all of	53950
the ~~tests~~assessments required by that division or was excused or	53951
exempted from any such ~~test~~assessment pursuant to section	53952
3313.532 or was exempted from attaining the applicable score on	53953
any such ~~test~~assessment pursuant to division (H) or (L) of	53954
section 3313.61 of the Revised Code;	53955

~~(b)~~(ii) Has satisfied the alternative conditions prescribed	53956
in section 3313.615 of the Revised Code.	53957

(b) On or after the date prescribed by rule of the state	53958
board under division (E)(3) of section 3301.0712 of the Revised	53959
Code, has attained on the entire assessment system prescribed	53960
under division (B)(2) of section 3301.0710 of the Revised Code at	53961
least the required passing composite score, designated under	53962
division (C)(1) of section 3301.0712 of the Revised Code, except	53963
and only to the extent that the applicant is excused from some	53964
portion of that assessment system pursuant to section 3313.532 of	53965
the Revised Code or division (H) or (L) of section 3313.61 of the	53966
Revised Code.	53967

(4) The district board determines, in accordance with the	53968
standards adopted under division (A) of this section, that the	53969
applicant has attained sufficient high school credits, including	53970
equivalent credits awarded under such standards, to qualify as	53971
having successfully completed the curriculum required by the	53972
district for graduation.	53973

(C) If a district board determines that an applicant is not	53974
eligible for a diploma under division (B) of this section, it	53975
shall inform the applicant of the reason the applicant is	53976
ineligible and shall provide a list of any courses required for	53977
the diploma for which the applicant has not received credit. An	53978
applicant may reapply for a diploma under this section at any	53979
time.	53980

(D) If a district board awards an adult education diploma	53981
under this section, the president and treasurer of the board and	53982
the superintendent of schools shall sign it. Each diploma shall	53983
bear the date of its issuance, be in such form as the district	53984
board prescribes, and be paid for from the district's general	53985
fund, except that the state board may by rule prescribe standard	53986
language to be included on each diploma.	53987

(E) As used in this division, "limited English proficient	53988
student" has the same meaning as in division (C)(3) of section	53989
3301.0711 of the Revised Code.	53990

Notwithstanding division (C)(3) of section 3301.0711 of the	53991
Revised Code, no limited English proficient student who has not	53992
either attained the applicable scores designated under division	53993
(B)(1) of section 3301.0710 of the Revised Code on all the ~~tests~~	53994
assessments required by that division, or attained the composite	53995
score designated for the assessments required by division (B)(2)	53996
of that section, shall be awarded a diploma under this section.	53997

Sec. 3313.612. (A) No nonpublic school chartered by the	53998
state board of education shall grant ~~any~~a high school diploma to	53999
any person unless, subject to section 3313.614 of the Revised	54000
Code, the person has met the assessment requirements of division	54001
(A)(1) or (2) of this section, as applicable.	54002

(1) If the person entered the ninth grade prior to the date	54003
prescribed by rule of the state board under division (E)(2) of	54004
section 3301.0712 of the Revised Code, the person has attained,	54005
~~subject to section 3313.614 of the Revised Code~~ at least the	54006
applicable scores designated under division (B)(1) of section	54007
3301.0710 of the Revised Code on all the ~~tests~~assessments	54008
required by that division, or has satisfied the alternative	54009
conditions prescribed in section 3313.615 of the Revised Code.	54010

(2) If the person entered the ninth grade on or after the	54011
date prescribed by rule of the state board under division (E)(2)	54012
of section 3301.0712 of the Revised Code, the person has	54013
attained on the entire assessment system prescribed under	54014
division (B)(2) of section 3301.0710 of the Revised Code at	54015
least the required passing composite score, designated under	54016
division (C)(1) of section 3301.0712 of the Revised Code.	54017

(B) This section does not apply to either of the following:

54018

(1) Any person with regard to any ~~test~~assessment from which	54019
the person was excused pursuant to division (C)(1)(c) of section	54020
3301.0711 of the Revised Code;	54021

(2) Any person with regard to the social studies ~~test~~	54022
assessment under division (B)(1) of section 3301.0710 of the	54023
Revised Code, any social studies end-of-course examination	54024
required under division (B)(2) of that section if such an	54025
exemption is prescribed by rule of the state board of education	54026
under division (E)(4) of section 3301.0712 of the Revised Code,	54027
or the citizenship test under former division (B) of section	54028
3301.0710 of the Revised Code as it existed prior to September	54029
11, 2001, if all of the following apply:	54030

(a) The person is not a citizen of the United States;

54031

(b) The person is not a permanent resident of the United	54032
States;	54033

(c) The person indicates no intention to reside in the United	54034
States after completion of high school.	54035

(C) As used in this division, "limited English proficient	54036
student" has the same meaning as in division (C)(3) of section	54037
3301.0711 of the Revised Code.	54038

Notwithstanding division (C)(3) of section 3301.0711 of the	54039
Revised Code, no limited English proficient student who has not	54040
either attained the applicable scores designated under division	54041
(B)(1) of section 3301.0710 of the Revised Code on all the ~~tests~~	54042
assessments required by that division, or attained the composite	54043
score designated for the assessments required by division (B)(2)	54044
of that section, shall be awarded a diploma under this section.	54045

Sec. 3313.614. (A) As used in this section, a person	54046
"fulfills the curriculum requirement for a diploma" at the time	54047
one of the following conditions is satisfied:	54048

(1) The person successfully completes the high school	54049
curriculum of a school district, a community school, a chartered	54050
nonpublic school, or a correctional institution.	54051

(2) The person successfully completes the individualized	54052
education program developed for the person under section 3323.08	54053
of the Revised Code.	54054

(3) A board of education issues its determination under	54055
section 3313.611 of the Revised Code that the person qualifies as	54056
having successfully completed the curriculum required by the	54057
district.	54058

(B) This division specifies the ~~testing~~assessment	54059
requirements that must be fulfilled as a condition toward granting	54060
high school diplomas under sections 3313.61, 3313.611, 3313.612,	54061
and 3325.08 of the Revised Code.	54062

(1) A person who fulfills the curriculum requirement for a	54063
diploma before September 15, 2000, is not required to pass any	54064
proficiency test or achievement test in science as a condition to	54065
receiving a diploma.	54066

(2) A person who began ninth grade prior to July 1, 2003, is	54067
not required to pass the Ohio graduation test prescribed under	54068
division (B)(1) of section 3301.0710 or any assessment prescribed	54069
under division (B)(2) of that section in any subject as a	54070
condition to receiving a diploma once the person has passed the	54071
ninth grade proficiency test in the same subject, so long as the	54072
person passed the ninth grade proficiency test prior to September	54073
15, 2008. However, any such person who passes the Ohio graduation	54074
test in any subject prior to passing the ninth grade proficiency	54075
test in the same subject shall be deemed to have passed the ninth	54076
grade proficiency test in that subject as a condition to receiving	54077
a diploma. For this purpose, the ninth grade proficiency test in	54078
citizenship substitutes for the Ohio graduation test in social	54079
studies. If a person began ninth grade prior to July 1, 2003, but	54080
does not pass a ninth grade proficiency test or the Ohio	54081
graduation test in a particular subject before September 15, 2008,	54082
and passage of a test in that subject is a condition for the	54083
person to receive a diploma, the person must pass the Ohio	54084
graduation test instead of the ninth grade proficiency test in	54085
that subject to receive a diploma.	54086

(3) A person who begins ninth grade on or after July 1, 2003,	54087
in a school district, community school, or chartered nonpublic	54088
school is not eligible to receive a diploma based on passage of	54089
ninth grade proficiency tests. Each such person who begins ninth	54090
grade prior to the date prescribed by the state board of education	54091
under division (E)(5) of section 3301.0712 of the Revised Code	54092
must pass Ohio graduation tests to meet the ~~testing~~assessment	54093
requirements applicable to that person as a condition to receiving	54094
a diploma.	54095

(4) A person who begins ninth grade on or after the date	54096
prescribed by the state board of education under division (E)(5)	54097
of section 3301.0712 of the Revised Code is not eligible to	54098
receive a diploma based on passage of the Ohio graduation tests.	54099
Each such person must attain on the entire assessment system	54100
prescribed under division (B)(2) of section 3301.0710 of the	54101
Revised Code at least the required passing composite score,	54102
designated under division (C)(1) of section 3301.0712 of the	54103
Revised Code.	54104

(C) This division specifies the curriculum requirement that	54105
shall be completed as a condition toward granting high school	54106
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	54107
of the Revised Code.	54108

(1) A person who is under twenty-two years of age when the	54109
person fulfills the curriculum requirement for a diploma shall	54110
complete the curriculum required by the school district or school	54111
issuing the diploma for the first year that the person originally	54112
enrolled in high school, except for a person who qualifies for	54113
graduation from high school under either division (D) or (F) of	54114
section 3313.603 of the Revised Code.	54115

(2) Once a person fulfills the curriculum requirement for a	54116
diploma, the person is never required, as a condition of receiving	54117
a diploma, to meet any different curriculum requirements that take	54118
effect pending the person's passage of proficiency tests or	54119
achievement tests or assessments, including changes mandated by	54120
section 3313.603 of the Revised Code, the state board, a school	54121
district board of education, or a governing authority of a	54122
community school or chartered nonpublic school.	54123

Sec. 3313.615. This section shall apply to diplomas awarded	54124
after September 15, 2006, to students who are required to take the	54125
five Ohio graduation tests prescribed by division (B)(1) of	54126
section 3301.0710 of the Revised Code.	54127

(A) As an alternative to the requirement that a person attain	54128
the scores designated under division (B)(1) of section 3301.0710	54129
of the Revised Code on all the ~~tests~~assessments required under	54130
that division in order to be eligible for a high school diploma	54131
or an honors diploma under sections 3313.61, 3313.612, or 3325.08	54132
of the Revised Code or for a diploma of adult education under	54133
section 3313.611 of the Revised Code, a person who has attained at	54134
least the applicable scores designated under division (B)(1) of	54135
section 3301.0710 of the Revised Code on all but one of the ~~tests~~	54136
assessments required by that division and from which the person	54137
was not excused or exempted, pursuant to division (L) of section	54138
3313.61, division (B)(1) of section 3313.612, or section 3313.532	54139
of the Revised Code, may be awarded a diploma or honors diploma	54140
if the person has satisfied all of the following conditions:	54141

(1) On the one ~~test~~assessment required under division (B)(1)	54142
of section 3301.0710 of the Revised Code for which the person	54143
failed to attain the designated score, the person missed that	54144
score by ten points or less;	54145

(2) Has a ninety-seven per cent school attendance rate in	54146
each of the last four school years, excluding any excused	54147
absences;	54148

(3) Has not been expelled from school under section 3313.66	54149
of the Revised Code in any of the last four school years;	54150

(4) Has a grade point average of at least 2.5 out of 4.0, or	54151
its equivalent as designated in rules adopted by the state board	54152
of education, in the subject area of the ~~test~~assessment required	54153
under division (B)(1) of section 3301.0710 of the Revised Code for	54154
which the person failed to attain the designated score;	54155

(5) Has completed the high school curriculum requirements	54156
prescribed in section 3313.603 of the Revised Code or has	54157
qualified under division (D) or (F) of that section;	54158

(6) Has taken advantage of any intervention programs provided	54159
by the school district or school in the subject area described in	54160
division (A)(4) of this section and has a ninety-seven per cent	54161
attendance rate, excluding any excused absences, in any of those	54162
programs that are provided at times beyond the normal school day,	54163
school week, or school year or has received comparable	54164
intervention services from a source other than the school district	54165
or school;	54166

(7) Holds a letter recommending graduation from each of the	54167
person's high school teachers in the subject area described in	54168
division (A)(4) of this section and from the person's high school	54169
principal.	54170

(B) The state board of education shall establish rules	54171
designating grade point averages equivalent to the average	54172
specified in division (A)(4) of this section for use by school	54173
districts and schools with different grading systems.	54174

(C) Any student who is exempt from attaining the applicable	54175
score designated under division (B)(1) of section 3301.0710 of the	54176
Revised Code on the Ohio graduation test in social studies	54177
pursuant to division (H) of section 3313.61 or division (B)(2) of	54178
section 3313.612 of the Revised Code shall not qualify for a high	54179
school diploma under this section, unless, notwithstanding the	54180
exemption, the student attains the applicable score on that ~~test~~	54181
assessment. If the student attains the applicable score on that	54182
~~test~~assessment, the student may qualify for a diploma under this	54183
section in the same manner as any other student who is required	54184
to take the five Ohio graduation tests prescribed by division	54185
(B)(1) of section 3301.0710 of the Revised Code.	54186

Sec. 3313.64. (A) As used in this section and in section	54187
3313.65 of the Revised Code:	54188

(1)(a) Except as provided in division (A)(1)(b) of this	54189
section, "parent" means either parent, unless the parents are	54190
separated or divorced or their marriage has been dissolved or	54191
annulled, in which case "parent" means the parent who is the	54192
residential parent and legal custodian of the child. When a child	54193
is in the legal custody of a government agency or a person other	54194
than the child's natural or adoptive parent, "parent" means the	54195
parent with residual parental rights, privileges, and	54196
responsibilities. When a child is in the permanent custody of a	54197
government agency or a person other than the child's natural or	54198
adoptive parent, "parent" means the parent who was divested of	54199
parental rights and responsibilities for the care of the child and	54200
the right to have the child live with the parent and be the legal	54201
custodian of the child and all residual parental rights,	54202
privileges, and responsibilities.	54203

(b) When a child is the subject of a power of attorney	54204
executed under sections 3109.51 to 3109.62 of the Revised Code,	54205
"parent" means the grandparent designated as attorney in fact	54206
under the power of attorney. When a child is the subject of a	54207
caretaker authorization affidavit executed under sections 3109.64	54208
to 3109.73 of the Revised Code, "parent" means the grandparent	54209
that executed the affidavit.	54210

(2) "Legal custody," "permanent custody," and "residual	54211
parental rights, privileges, and responsibilities" have the same	54212
meanings as in section 2151.011 of the Revised Code.	54213

(3) "School district" or "district" means a city, local, or	54214
exempted village school district and excludes any school operated	54215
in an institution maintained by the department of youth services.	54216

(4) Except as used in division (C)(2) of this section, "home"	54217
means a home, institution, foster home, group home, or other	54218
residential facility in this state that receives and cares for	54219
children, to which any of the following applies:	54220

(a) The home is licensed, certified, or approved for such	54221
purpose by the state or is maintained by the department of youth	54222
services.	54223

(b) The home is operated by a person who is licensed,	54224
certified, or approved by the state to operate the home for such	54225
purpose.	54226

(c) The home accepted the child through a placement by a	54227
person licensed, certified, or approved to place a child in such a	54228
home by the state.	54229

(d) The home is a children's home created under section	54230
5153.21 or 5153.36 of the Revised Code.	54231

(5) "Agency" means all of the following:

54232

(a) A public children services agency;

54233

(b) An organization that holds a certificate issued by the	54234
Ohio department of job and family services in accordance with the	54235
requirements of section 5103.03 of the Revised Code and assumes	54236
temporary or permanent custody of children through commitment,	54237
agreement, or surrender, and places children in family homes for	54238
the purpose of adoption;	54239

(c) Comparable agencies of other states or countries that	54240
have complied with applicable requirements of section 2151.39 of	54241
the Revised Code or as applicable, sections 5103.20 to 5103.22 or	54242
5103.23 to 5103.237 of the Revised Code.	54243

(6) A child is placed for adoption if either of the following	54244
occurs:	54245

(a) An agency to which the child has been permanently	54246
committed or surrendered enters into an agreement with a person	54247
pursuant to section 5103.16 of the Revised Code for the care and	54248
adoption of the child.	54249

(b) The child's natural parent places the child pursuant to	54250
section 5103.16 of the Revised Code with a person who will care	54251
for and adopt the child.	54252

(7) "Preschool child with a disability" has the same	54253
meaning as in section 3323.01 of the Revised Code.	54254

(8) "Child," unless otherwise indicated, includes preschool	54255
children with disabilities.	54256

(9) "Active duty" means active duty pursuant to an executive	54257
order of the president of the United States, an act of the	54258
congress of the United States, or section 5919.29 or 5923.21 of	54259
the Revised Code.	54260

(B) Except as otherwise provided in section 3321.01 of the	54261
Revised Code for admittance to kindergarten and first grade, a	54262
child who is at least five but under twenty-two years of age and	54263
any preschool child with a disability shall be admitted to school	54264
as provided in this division.	54265

(1) A child shall be admitted to the schools of the school	54266
district in which the child's parent resides.	54267

(2) A child who does not reside in the district where the	54268
child's parent resides shall be admitted to the schools of the	54269
district in which the child resides if any of the following	54270
applies:	54271

(a) The child is in the legal or permanent custody of a	54272
government agency or a person other than the child's natural or	54273
adoptive parent.	54274

(b) The child resides in a home.

54275

54276

(3) A child who is not entitled under division (B)(2) of this	54277
section to be admitted to the schools of the district where the	54278
child resides and who is residing with a resident of this state	54279
with whom the child has been placed for adoption shall be admitted	54280
to the schools of the district where the child resides unless	54281
either of the following applies:	54282

(a) The placement for adoption has been terminated.

54283

(b) Another school district is required to admit the child	54284
under division (B)(1) of this section.	54285

Division (B) of this section does not prohibit the board of	54286
education of a school district from placing a child with a	54287
disability who resides in the district in a special education	54288
program outside of the district or its schools in compliance with	54289
Chapter 3323. of the Revised Code.	54290

(C) A district shall not charge tuition for children admitted	54291
under division (B)(1) or (3) of this section. If the district	54292
admits a child under division (B)(2) of this section, tuition	54293
shall be paid to the district that admits the child as ~~follows~~	54294
provided in divisions (C)(1) to (3) of this section, unless	54295
division (C)(4) of this section applies to the child:	54296

(1) If the child receives special education in accordance	54297
with Chapter 3323. of the Revised Code, the school district of	54298
residence, as defined in section 3323.01 of the Revised Code,	54299
shall pay tuition for the child in accordance with section	54300
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	54301
regardless of who has custody of the child or whether the child	54302
resides in a home.	54303

(2) For a child that does not receive special education in	54304
accordance with Chapter 3323. of the Revised Code, except as	54305
otherwise provided in division (C)(2)(d) of this section, if the	54306
child is in the permanent or legal custody of a government agency	54307
or person other than the child's parent, tuition shall be paid by:	54308

(a) The district in which the child's parent resided at the	54309
time the court removed the child from home or at the time the	54310
court vested legal or permanent custody of the child in the person	54311
or government agency, whichever occurred first;	54312

(b) If the parent's residence at the time the court removed	54313
the child from home or placed the child in the legal or permanent	54314
custody of the person or government agency is unknown, tuition	54315
shall be paid by the district in which the child resided at the	54316
time the child was removed from home or placed in legal or	54317
permanent custody, whichever occurred first;	54318

(c) If a school district cannot be established under division	54319
(C)(2)(a) or (b) of this section, tuition shall be paid by the	54320
district determined as required by section 2151.362 of the Revised	54321
Code by the court at the time it vests custody of the child in the	54322
person or government agency;	54323

(d) If at the time the court removed the child from home or	54324
vested legal or permanent custody of the child in the person or	54325
government agency, whichever occurred first, one parent was in a	54326
residential or correctional facility or a juvenile residential	54327
placement and the other parent, if living and not in such a	54328
facility or placement, was not known to reside in this state,	54329
tuition shall be paid by the district determined under division	54330
(D) of section 3313.65 of the Revised Code as the district	54331
required to pay any tuition while the parent was in such facility	54332
or placement;	54333

(e) If the department of education has determined, pursuant	54334
to division (A)(2) of section 2151.362 of the Revised Code, that	54335
a school district other than the one named in the court's initial	54336
order, or in a prior determination of the department, is	54337
responsible to bear the cost of educating the child, the district	54338
so determined shall be responsible for that cost.	54339

(3) If the child is not in the permanent or legal custody of	54340
a government agency or person other than the child's parent and	54341
the child resides in a home, tuition shall be paid by one of the	54342
following:	54343

(a) The school district in which the child's parent resides;

54344

(b) If the child's parent is not a resident of this state,	54345
the home in which the child resides.	54346

(4) Division (C)(4) of this section applies to any child who	54347
is admitted to a school district under division (B)(2) of this	54348
section, resides in a home that is not a foster home or a home	54349
maintained by the department of youth services, receives	54350
educational services at the home in which the child resides	54351
pursuant to a contract between the home and the school district	54352
providing those services, and does not receive special education.	54353

In the case of a child to which division (C)(4) of this	54354
section applies, the total educational cost to be paid for the	54355
child shall be determined by a formula approved by the department	54356
of education, which formula shall be designed to calculate a per	54357
diem cost for the educational services provided to the child for	54358
each day the child is served and shall reflect the total actual	54359
cost incurred in providing those services. The department shall	54360
certify the total educational cost to be paid for the child to	54361
both the school district providing the educational services and,	54362
if different, the school district that is responsible to pay	54363
tuition for the child. The department shall deduct the certified	54364
amount from the state basic aid funds payable under Chapter 3317.	54365
of the Revised Code to the district responsible to pay tuition	54366
and shall pay that amount to the district providing the	54367
educational services to the child.	54368

(D) Tuition required to be paid under divisions (C)(2) and	54369
(3)(a) of this section shall be computed in accordance with	54370
section 3317.08 of the Revised Code. Tuition required to be paid	54371
under division (C)(3)(b) of this section shall be computed in	54372
accordance with section 3317.081 of the Revised Code. If a home	54373
fails to pay the tuition required by division (C)(3)(b) of this	54374
section, the board of education providing the education may	54375
recover in a civil action the tuition and the expenses incurred in	54376
prosecuting the action, including court costs and reasonable	54377
attorney's fees. If the prosecuting attorney or city director of	54378
law represents the board in such action, costs and reasonable	54379
attorney's fees awarded by the court, based upon the prosecuting	54380
attorney's, director's, or one of their designee's time spent	54381
preparing and presenting the case, shall be deposited in the	54382
county or city general fund.	54383

(E) A board of education may enroll a child free of any	54384
tuition obligation for a period not to exceed sixty days, on the	54385
sworn statement of an adult resident of the district that the	54386
resident has initiated legal proceedings for custody of the child.	54387

(F) In the case of any individual entitled to attend school	54388
under this division, no tuition shall be charged by the school	54389
district of attendance and no other school district shall be	54390
required to pay tuition for the individual's attendance.	54391
Notwithstanding division (B), (C), or (E) of this section:	54392

(1) All persons at least eighteen but under twenty-two years	54393
of age who live apart from their parents, support themselves by	54394
their own labor, and have not successfully completed the high	54395
school curriculum or the individualized education program	54396
developed for the person by the high school pursuant to section	54397
3323.08 of the Revised Code, are entitled to attend school in the	54398
district in which they reside.	54399

(2) Any child under eighteen years of age who is married is	54400
entitled to attend school in the child's district of residence.	54401

(3) A child is entitled to attend school in the district in	54402
which either of the child's parents is employed if the child has a	54403
medical condition that may require emergency medical attention.	54404
The parent of a child entitled to attend school under division	54405
(F)(3) of this section shall submit to the board of education of	54406
the district in which the parent is employed a statement from the	54407
child's physician certifying that the child's medical condition	54408
may require emergency medical attention. The statement shall be	54409
supported by such other evidence as the board may require.	54410

(4) Any child residing with a person other than the child's	54411
parent is entitled, for a period not to exceed twelve months, to	54412
attend school in the district in which that person resides if the	54413
child's parent files an affidavit with the superintendent of the	54414
district in which the person with whom the child is living resides	54415
stating all of the following:	54416

(a) That the parent is serving outside of the state in the	54417
armed services of the United States;	54418

(b) That the parent intends to reside in the district upon	54419
returning to this state;	54420

(c) The name and address of the person with whom the child is	54421
living while the parent is outside the state.	54422

(5) Any child under the age of twenty-two years who, after	54423
the death of a parent, resides in a school district other than the	54424
district in which the child attended school at the time of the	54425
parent's death is entitled to continue to attend school in the	54426
district in which the child attended school at the time of the	54427
parent's death for the remainder of the school year, subject to	54428
approval of that district board.	54429

(6) A child under the age of twenty-two years who resides	54430
with a parent who is having a new house built in a school district	54431
outside the district where the parent is residing is entitled to	54432
attend school for a period of time in the district where the new	54433
house is being built. In order to be entitled to such attendance,	54434
the parent shall provide the district superintendent with the	54435
following:	54436

(a) A sworn statement explaining the situation, revealing the	54437
location of the house being built, and stating the parent's	54438
intention to reside there upon its completion;	54439

(b) A statement from the builder confirming that a new house	54440
is being built for the parent and that the house is at the	54441
location indicated in the parent's statement.	54442

(7) A child under the age of twenty-two years residing with a	54443
parent who has a contract to purchase a house in a school district	54444
outside the district where the parent is residing and who is	54445
waiting upon the date of closing of the mortgage loan for the	54446
purchase of such house is entitled to attend school for a period	54447
of time in the district where the house is being purchased. In	54448
order to be entitled to such attendance, the parent shall provide	54449
the district superintendent with the following:	54450

(a) A sworn statement explaining the situation, revealing the	54451
location of the house being purchased, and stating the parent's	54452
intent to reside there;	54453

(b) A statement from a real estate broker or bank officer	54454
confirming that the parent has a contract to purchase the house,	54455
that the parent is waiting upon the date of closing of the	54456
mortgage loan, and that the house is at the location indicated in	54457
the parent's statement.	54458

The district superintendent shall establish a period of time	54459
not to exceed ninety days during which the child entitled to	54460
attend school under division (F)(6) or (7) of this section may	54461
attend without tuition obligation. A student attending a school	54462
under division (F)(6) or (7) of this section shall be eligible to	54463
participate in interscholastic athletics under the auspices of	54464
that school, provided the board of education of the school	54465
district where the student's parent resides, by a formal action,	54466
releases the student to participate in interscholastic athletics	54467
at the school where the student is attending, and provided the	54468
student receives any authorization required by a public agency or	54469
private organization of which the school district is a member	54470
exercising authority over interscholastic sports.	54471

(8) A child whose parent is a full-time employee of a city,	54472
local, or exempted village school district, or of an educational	54473
service center, may be admitted to the schools of the district	54474
where the child's parent is employed, or in the case of a child	54475
whose parent is employed by an educational service center, in the	54476
district that serves the location where the parent's job is	54477
primarily located, provided the district board of education	54478
establishes such an admission policy by resolution adopted by a	54479
majority of its members. Any such policy shall take effect on the	54480
first day of the school year and the effective date of any	54481
amendment or repeal may not be prior to the first day of the	54482
subsequent school year. The policy shall be uniformly applied to	54483
all such children and shall provide for the admission of any such	54484
child upon request of the parent. No child may be admitted under	54485
this policy after the first day of classes of any school year.	54486

(9) A child who is with the child's parent under the care of	54487
a shelter for victims of domestic violence, as defined in section	54488
3113.33 of the Revised Code, is entitled to attend school free in	54489
the district in which the child is with the child's parent, and no	54490
other school district shall be required to pay tuition for the	54491
child's attendance in that school district.	54492

The enrollment of a child in a school district under this	54493
division shall not be denied due to a delay in the school	54494
district's receipt of any records required under section 3313.672	54495
of the Revised Code or any other records required for enrollment.	54496
Any days of attendance and any credits earned by a child while	54497
enrolled in a school district under this division shall be	54498
transferred to and accepted by any school district in which the	54499
child subsequently enrolls. The state board of education shall	54500
adopt rules to ensure compliance with this division.	54501

(10) Any child under the age of twenty-two years whose parent	54502
has moved out of the school district after the commencement of	54503
classes in the child's senior year of high school is entitled,	54504
subject to the approval of that district board, to attend school	54505
in the district in which the child attended school at the time of	54506
the parental move for the remainder of the school year and for one	54507
additional semester or equivalent term. A district board may also	54508
adopt a policy specifying extenuating circumstances under which a	54509
student may continue to attend school under division (F)(10) of	54510
this section for an additional period of time in order to	54511
successfully complete the high school curriculum for the	54512
individualized education program developed for the student by the	54513
high school pursuant to section 3323.08 of the Revised Code.	54514

(11) As used in this division, "grandparent" means a parent	54515
of a parent of a child. A child under the age of twenty-two years	54516
who is in the custody of the child's parent, resides with a	54517
grandparent, and does not require special education is entitled to	54518
attend the schools of the district in which the child's	54519
grandparent resides, provided that, prior to such attendance in	54520
any school year, the board of education of the school district in	54521
which the child's grandparent resides and the board of education	54522
of the school district in which the child's parent resides enter	54523
into a written agreement specifying that good cause exists for	54524
such attendance, describing the nature of this good cause, and	54525
consenting to such attendance.	54526

In lieu of a consent form signed by a parent, a board of	54527
education may request the grandparent of a child attending school	54528
in the district in which the grandparent resides pursuant to	54529
division (F)(11) of this section to complete any consent form	54530
required by the district, including any authorization required by	54531
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	54532
Code. Upon request, the grandparent shall complete any consent	54533
form required by the district. A school district shall not incur	54534
any liability solely because of its receipt of a consent form from	54535
a grandparent in lieu of a parent.	54536

Division (F)(11) of this section does not create, and shall	54537
not be construed as creating, a new cause of action or substantive	54538
legal right against a school district, a member of a board of	54539
education, or an employee of a school district. This section does	54540
not affect, and shall not be construed as affecting, any	54541
immunities from defenses to tort liability created or recognized	54542
by Chapter 2744. of the Revised Code for a school district,	54543
member, or employee.	54544

(12) A child under the age of twenty-two years is entitled to	54545
attend school in a school district other than the district in	54546
which the child is entitled to attend school under division (B),	54547
(C), or (E) of this section provided that, prior to such	54548
attendance in any school year, both of the following occur:	54549

(a) The superintendent of the district in which the child is	54550
entitled to attend school under division (B), (C), or (E) of this	54551
section contacts the superintendent of another district for	54552
purposes of this division;	54553

(b) The superintendents of both districts enter into a	54554
written agreement that consents to the attendance and specifies	54555
that the purpose of such attendance is to protect the student's	54556
physical or mental well-being or to deal with other extenuating	54557
circumstances deemed appropriate by the superintendents.	54558

While an agreement is in effect under this division for a	54559
student who is not receiving special education under Chapter 3323.	54560
of the Revised Code and notwithstanding Chapter 3327. of the	54561
Revised Code, the board of education of neither school district	54562
involved in the agreement is required to provide transportation	54563
for the student to and from the school where the student attends.	54564

A student attending a school of a district pursuant to this	54565
division shall be allowed to participate in all student	54566
activities, including interscholastic athletics, at the school	54567
where the student is attending on the same basis as any student	54568
who has always attended the schools of that district while of	54569
compulsory school age.	54570

(13) All school districts shall comply with the	54571
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	54572
seq., for the education of homeless children. Each city, local,	54573
and exempted village school district shall comply with the	54574
requirements of that act governing the provision of a free,	54575
appropriate public education, including public preschool, to each	54576
homeless child.	54577

When a child loses permanent housing and becomes a homeless	54578
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	54579
such a homeless person changes temporary living arrangements, the	54580
child's parent or guardian shall have the option of enrolling the	54581
child in either of the following:	54582

(a) The child's school of origin, as defined in 42 U.S.C.A.	54583
11432(g)(3)(C);	54584

(b) The school that is operated by the school district in	54585
which the shelter where the child currently resides is located and	54586
that serves the geographic area in which the shelter is located.	54587

(14) A child under the age of twenty-two years who resides	54588
with a person other than the child's parent is entitled to attend	54589
school in the school district in which that person resides if both	54590
of the following apply:	54591

(a) That person has been appointed, through a military power	54592
of attorney executed under section 574(a) of the "National Defense	54593
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	54594
U.S.C. 1044b, or through a comparable document necessary to	54595
complete a family care plan, as the parent's agent for the care,	54596
custody, and control of the child while the parent is on active	54597
duty as a member of the national guard or a reserve unit of the	54598
armed forces of the United States or because the parent is a	54599
member of the armed forces of the United States and is on a duty	54600
assignment away from the parent's residence.	54601

(b) The military power of attorney or comparable document	54602
includes at least the authority to enroll the child in school.	54603

The entitlement to attend school in the district in which the	54604
parent's agent under the military power of attorney or comparable	54605
document resides applies until the end of the school year in which	54606
the military power of attorney or comparable document expires.	54607

(G) A board of education, after approving admission, may	54608
waive tuition for students who will temporarily reside in the	54609
district and who are either of the following:	54610

(1) Residents or domiciliaries of a foreign nation who	54611
request admission as foreign exchange students;	54612

(2) Residents or domiciliaries of the United States but not	54613
of Ohio who request admission as participants in an exchange	54614
program operated by a student exchange organization.	54615

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	54616
3327.04, and 3327.06 of the Revised Code, a child may attend	54617
school or participate in a special education program in a school	54618
district other than in the district where the child is entitled to	54619
attend school under division (B) of this section.	54620

(I)(1) Notwithstanding anything to the contrary in this	54621
section or section 3313.65 of the Revised Code, a child under	54622
twenty-two years of age may attend school in the school district	54623
in which the child, at the end of the first full week of October	54624
of the school year, was entitled to attend school as otherwise	54625
provided under this section or section 3313.65 of the Revised	54626
Code, if at that time the child was enrolled in the schools of the	54627
district but since that time the child or the child's parent has	54628
relocated to a new address located outside of that school district	54629
and within the same county as the child's or parent's address	54630
immediately prior to the relocation. The child may continue to	54631
attend school in the district, and at the school to which the	54632
child was assigned at the end of the first full week of October of	54633
the current school year, for the balance of the school year.	54634
Division (I)(1) of this section applies only if both of the	54635
following conditions are satisfied:	54636

(a) The board of education of the school district in which	54637
the child was entitled to attend school at the end of the first	54638
full week in October and of the district to which the child or	54639
child's parent has relocated each has adopted a policy to enroll	54640
children described in division (I)(1) of this section.	54641

(b) The child's parent provides written notification of the	54642
relocation outside of the school district to the superintendent of	54643
each of the two school districts.	54644

(2) At the beginning of the school year following the school	54645
year in which the child or the child's parent relocated outside of	54646
the school district as described in division (I)(1) of this	54647
section, the child is not entitled to attend school in the school	54648
district under that division.	54649

(3) Any person or entity owing tuition to the school district	54650
on behalf of the child at the end of the first full week in	54651
October, as provided in division (C) of this section, shall	54652
continue to owe such tuition to the district for the child's	54653
attendance under division (I)(1) of this section for the lesser of	54654
the balance of the school year or the balance of the time that the	54655
child attends school in the district under division (I)(1) of this	54656
section.	54657

(4) A pupil who may attend school in the district under	54658
division (I)(1) of this section shall be entitled to	54659
transportation services pursuant to an agreement between the	54660
district and the district in which the child or child's parent has	54661
relocated unless the districts have not entered into such	54662
agreement, in which case the child shall be entitled to	54663
transportation services in the same manner as a pupil attending	54664
school in the district under interdistrict open enrollment as	54665
described in division (H) of section 3313.981 of the Revised	54666
Code, regardless of whether the district has adopted an open	54667
enrollment policy as described in division (B)(1)(b) or (c) of	54668
section 3313.98 of the Revised Code.	54669

(J) This division does not apply to a child receiving special	54670
education.	54671

A school district required to pay tuition pursuant to	54672
division (C)(2) or (3) of this section or section 3313.65 of the	54673
Revised Code shall have an amount deducted under division (F) of	54674
section 3317.023 of the Revised Code equal to its own tuition rate	54675
for the same period of attendance. A school district entitled to	54676
receive tuition pursuant to division (C)(2) or (3) of this section	54677
or section 3313.65 of the Revised Code shall have an amount	54678
credited under division (F) of section 3317.023 of the Revised	54679
Code equal to its own tuition rate for the same period of	54680
attendance. If the tuition rate credited to the district of	54681
attendance exceeds the rate deducted from the district required to	54682
pay tuition, the department of education shall pay the district of	54683
attendance the difference from amounts deducted from all	54684
districts' payments under division (F) of section 3317.023 of the	54685
Revised Code but not credited to other school districts under such	54686
division and from appropriations made for such purpose. The	54687
treasurer of each school district shall, by the fifteenth day of	54688
January and July, furnish the superintendent of public instruction	54689
a report of the names of each child who attended the district's	54690
schools under divisions (C)(2) and (3) of this section or section	54691
3313.65 of the Revised Code during the preceding six calendar	54692
months, the duration of the attendance of those children, the	54693
school district responsible for tuition on behalf of the child,	54694
and any other information that the superintendent requires.	54695

Upon receipt of the report the superintendent, pursuant to	54696
division (F) of section 3317.023 of the Revised Code, shall deduct	54697
each district's tuition obligations under divisions (C)(2) and (3)	54698
of this section or section 3313.65 of the Revised Code and pay to	54699
the district of attendance that amount plus any amount required to	54700
be paid by the state.	54701

(K) In the event of a disagreement, the superintendent of	54702
public instruction shall determine the school district in which	54703
the parent resides.	54704

(L) Nothing in this section requires or authorizes, or shall	54705
be construed to require or authorize, the admission to a public	54706
school in this state of a pupil who has been permanently excluded	54707
from public school attendance by the superintendent of public	54708
instruction pursuant to sections 3301.121 and 3313.662 of the	54709
Revised Code.	54710

(M) In accordance with division (B)(1) of this section, a	54711
child whose parent is a member of the national guard or a reserve	54712
unit of the armed forces of the United States and is called to	54713
active duty, or a child whose parent is a member of the armed	54714
forces of the United States and is ordered to a temporary duty	54715
assignment outside of the district, may continue to attend school	54716
in the district in which the child's parent lived before being	54717
called to active duty or ordered to a temporary duty assignment	54718
outside of the district, as long as the child's parent continues	54719
to be a resident of that district, and regardless of where the	54720
child lives as a result of the parent's active duty status or	54721
temporary duty assignment. However, the district is not	54722
responsible for providing transportation for the child if the	54723
child lives outside of the district as a result of the parent's	54724
active duty status or temporary duty assignment.	54725

Sec. 3313.642. (A) Except as provided in division (B) of	54726
this section and notwithstanding the provisions of sections	54727
3313.48 and 3313.64 of the Revised Code, the board of education of	54728
a city, exempted village, or local school district shall not be	54729
required to furnish, free of charge, to the pupils attending the	54730
public schools any materials used in a course of instruction with	54731
the exception of the necessary textbooks or electronic textbooks	54732
required to be furnished without charge pursuant to section	54733
3329.06 of the Revised Code. The board may, however, make	54734
provision by appropriations transferred from the general fund of	54735
the district or otherwise for furnishing free of charge any	54736
materials used in a course of instruction to such pupils as it	54737
determines are in serious financial need of such materials.	54738

(B) No board of education of a school district ~~that receives~~	54739
~~funds under section 3317.029 of the Revised Code~~ shall charge a	54740
fee to a ~~recipient of aid under Chapter 5107. or 5115. of the~~	54741
~~Revised Code~~pupil who is eligible for a free lunch under the	54742
"National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751,	54743
as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885,	54744
42 U.S.C. 1771, as amended, for any materials needed to enable	54745
the ~~recipient~~pupil to participate fully in a course of	54746
instruction. The prohibition in this division against charging a	54747
fee does not apply to any fee charged for any materials needed to	54748
enable a ~~recipient~~pupil to participate fully in extracurricular	54749
activities or in any pupil enrichment program that is not a course	54750
of instruction.	54751

(C) Boards of education may adopt rules and regulations	54752
prescribing a schedule of fees for materials used in a course of	54753
instruction and prescribing a schedule of charges which may be	54754
imposed upon pupils for the loss, damage, or destruction of school	54755
apparatus, equipment, musical instruments, library material,	54756
textbooks, or electronic textbooks required to be furnished	54757
without charge, and for damage to school buildings, and may	54758
enforce the payment of such fees and charges by withholding the	54759
grades and credits of the pupils concerned.	54760

Sec. 3313.6410. This section applies to any school that is	54761
operated by a school district and in which the enrolled students	54762
work primarily on assignments in nonclassroom-based learning	54763
opportunities provided via an internet- or other computer-based	54764
instructional method.	54765

(A) Any school to which this section applies shall withdraw	54766
from the school any student who, for two consecutive school years,	54767
has failed to participate in the spring administration of any ~~test~~	54768
assessment prescribed under section 3301.0710 or 3301.0712 of the	54769
Revised Code for the student's grade level and was not excused	54770
from the ~~test~~assessment pursuant to division (C)(1) or (3) of	54771
section 3301.0711 of the Revised Code, regardless of whether a	54772
waiver was granted for the student under division (E) of section	54773
3317.03 of the Revised Code. The school shall report any such	54774
student's data verification code, as assigned pursuant to section	54775
3301.0714 of the Revised Code, to the department of education to	54776
be added to the list maintained by the department under section	54777
3314.26 of the Revised Code.	54778

(B) No school to which this section applies shall receive any	54779
state funds under Chapter 3306. or 3317. of the Revised Code for	54780
any enrolled student whose data verification code appears on the	54781
list maintained by the department under section 3314.26 of the	54782
Revised Code. Notwithstanding any provision of the Revised Code to	54783
the contrary, the parent of any such student shall pay tuition to	54784
the school district that operates the school in an amount equal to	54785
the state funds the district otherwise would receive for that	54786
student, as determined by the department. A school to which this	54787
section applies may withdraw any student for whom the parent does	54788
not pay tuition as required by this division.	54789

Sec. 3313.65. (A) As used in this section and section	54790
3313.64 of the Revised Code:	54791

(1) A person is "in a residential facility" if the person is	54792
a resident or a resident patient of an institution, home, or other	54793
residential facility that is:	54794

(a) Licensed as a nursing home, residential care facility, or	54795
home for the aging by the director of health under section 3721.02	54796
of the Revised Code ~~or licensed as a community alternative home by~~	54797
~~the director of health under section 3724.03 of the Revised Code~~;	54798

(b) Licensed as an adult care facility by the director of	54799
health under Chapter 3722. of the Revised Code;	54800

(c) Maintained as a county home or district home by the board	54801
of county commissioners or a joint board of county commissioners	54802
under Chapter 5155. of the Revised Code;	54803

(d) Operated or administered by a board of alcohol, drug	54804
addiction, and mental health services under section 340.03 or	54805
340.06 of the Revised Code, or provides residential care pursuant	54806
to contracts made under section 340.03 or 340.033 of the Revised	54807
Code;	54808

(e) Maintained as a state institution for the mentally ill	54809
under Chapter 5119. of the Revised Code;	54810

(f) Licensed by the department of mental health under section	54811
5119.20 or 5119.22 of the Revised Code;	54812

(g) Licensed as a residential facility by the department of	54813
mental retardation and developmental disabilities under section	54814
5123.19 of the Revised Code;	54815

(h) Operated by the veteran's administration or another	54816
agency of the United States government;	54817

(i) The Ohio soldiers' and sailors' home.

54818

(2) A person is "in a correctional facility" if any of the	54819
following apply:	54820

(a) The person is an Ohio resident and is:

54821

(i) Imprisoned, as defined in section 1.05 of the Revised	54822
Code;	54823

(ii) Serving a term in a community-based correctional	54824
facility or a district community-based correctional facility;	54825

(iii) Required, as a condition of parole, a post-release	54826
control sanction, a community control sanction, transitional	54827
control, or early release from imprisonment, as a condition of	54828
shock parole or shock probation granted under the law in effect	54829
prior to July 1, 1996, or as a condition of a furlough granted	54830
under the version of section 2967.26 of the Revised Code in effect	54831
prior to March 17, 1998, to reside in a halfway house or other	54832
community residential center licensed under section 2967.14 of the	54833
Revised Code or a similar facility designated by the court of	54834
common pleas that established the condition or by the adult parole	54835
authority.	54836

(b) The person is imprisoned in a state correctional	54837
institution of another state or a federal correctional institution	54838
but was an Ohio resident at the time the sentence was imposed for	54839
the crime for which the person is imprisoned.	54840

(3) A person is "in a juvenile residential placement" if the	54841
person is an Ohio resident who is under twenty-one years of age	54842
and has been removed, by the order of a juvenile court, from the	54843
place the person resided at the time the person became subject to	54844
the court's jurisdiction in the matter that resulted in the	54845
person's removal.	54846

(4) "Community control sanction" has the same meaning as in	54847
section 2929.01 of the Revised Code.	54848

(5) "Post-release control sanction" has the same meaning as	54849
in section 2967.01 of the Revised Code.	54850

(B) If the circumstances described in division (C) of this	54851
section apply, the determination of what school district must	54852
admit a child to its schools and what district, if any, is liable	54853
for tuition shall be made in accordance with this section, rather	54854
than section 3313.64 of the Revised Code.	54855

(C) A child who does not reside in the school district in	54856
which the child's parent resides and for whom a tuition obligation	54857
previously has not been established under division (C)(2) of	54858
section 3313.64 of the Revised Code shall be admitted to the	54859
schools of the district in which the child resides if at least one	54860
of the child's parents is in a residential or correctional	54861
facility or a juvenile residential placement and the other parent,	54862
if living and not in such a facility or placement, is not known to	54863
reside in this state.	54864

(D) Regardless of who has custody or care of the child,	54865
whether the child resides in a home, or whether the child receives	54866
special education, if a district admits a child under division (C)	54867
of this section, tuition shall be paid to that district as	54868
follows:	54869

(1) If the child's parent is in a juvenile residential	54870
placement, by the district in which the child's parent resided at	54871
the time the parent became subject to the jurisdiction of the	54872
juvenile court;	54873

(2) If the child's parent is in a correctional facility, by	54874
the district in which the child's parent resided at the time the	54875
sentence was imposed;	54876

(3) If the child's parent is in a residential facility, by	54877
the district in which the parent resided at the time the parent	54878
was admitted to the residential facility, except that if the	54879
parent was transferred from another residential facility, tuition	54880
shall be paid by the district in which the parent resided at the	54881
time the parent was admitted to the facility from which the parent	54882
first was transferred;	54883

(4) In the event of a disagreement as to which school	54884
district is liable for tuition under division (C)(1), (2), or (3)	54885
of this section, the superintendent of public instruction shall	54886
determine which district shall pay tuition.	54887

(E) If a child covered by division (D) of this section	54888
receives special education in accordance with Chapter 3323. of the	54889
Revised Code, the tuition shall be paid in accordance with section	54890
3323.13 or 3323.14 of the Revised Code. Tuition for children who	54891
do not receive special education shall be paid in accordance with	54892
division (J) of section 3313.64 of the Revised Code.	54893

Sec. 3313.713. (A) As used in this section:

54894

(1) "Drug" means a drug, as defined in section 4729.01 of the	54895
Revised Code, that is to be administered pursuant to the	54896
instructions of the prescriber, whether or not required by law to	54897
be sold only upon a prescription.	54898

(2) "Federal law" means the "Individuals with Disabilities	54899
Education Act of 1997," 111 Stat. 37, 20 U.S.C. 1400, as amended.	54900

(3) "Prescriber" has the same meaning as in section 4729.01	54901
of the Revised Code.	54902

(B) The board of education of each city, local, exempted	54903
village, and joint vocational school district shall, not later	54904
than one hundred twenty days after September 20, 1984, adopt a	54905
policy on the authority of its employees, when acting in	54906
situations other than those governed by sections 2305.23,	54907
2305.231, and 3313.712 of the Revised Code, to administer drugs	54908
prescribed to students enrolled in the schools of the district.	54909
The policy shall provide either that:	54910

(1) Except as otherwise required by federal law, no person	54911
employed by the board shall, in the course of such employment,	54912
administer any drug prescribed to any student enrolled in the	54913
schools of the district.	54914

(2) Designated persons employed by the board are authorized	54915
to administer to a student a drug prescribed for the student.	54916
Effective July 1, 2011, only employees of the board who are	54917
licensed health professionals, or who have completed a drug	54918
administration training program conducted by a licensed health	54919
professional and considered appropriate by the board, may	54920
administer to a student a drug prescribed for the student.	54921
Except as otherwise provided by federal law, the board's policy	54922
may provide that certain drugs or types of drugs shall not be	54923
administered or that no employee~~, or no employee without~~	54924
~~appropriate training,~~ shall use certain procedures, such as	54925
injection, to administer a drug to a student.	54926

(C) No drug prescribed for a student shall be administered	54927
pursuant to federal law or a policy adopted under division (B) of	54928
this section until the following occur:	54929

(1) The board, or a person designated by the board, receives	54930
a written request, signed by the parent, guardian, or other person	54931
having care or charge of the student, that the drug be	54932
administered to the student.	54933

(2) The board, or a person designated by the board, receives	54934
a statement, signed by the prescriber, that includes all of the	54935
following information:	54936

(a) The name and address of the student;

54937

(b) The school and class in which the student is enrolled;

54938

54939

(d) The times or intervals at which each dosage of the drug	54940
is to be administered;	54941

(e) The date the administration of the drug is to begin;

54942

(f) The date the administration of the drug is to cease;

54943

(g) Any severe adverse reactions that should be reported to	54944
the prescriber and one or more phone numbers at which the	54945
prescriber can be reached in an emergency;	54946

(h) Special instructions for administration of the drug,	54947
including sterile conditions and storage.	54948

(3) The parent, guardian, or other person having care or	54949
charge of the student agrees to submit a revised statement signed	54950
by the prescriber to the board or a person designated by the board	54951
if any of the information provided by the prescriber pursuant to	54952
division (C)(2) of this section changes.	54953

(4) The person authorized by the board to administer the drug	54954
receives a copy of the statement required by division (C)(2) or	54955
(3) of this section.	54956

(5) The drug is received by the person authorized to	54957
administer the drug to the student for whom the drug is prescribed	54958
in the container in which it was dispensed by the prescriber or a	54959
licensed pharmacist.	54960

(6) Any other procedures required by the board are followed.

54961

(D) If a drug is administered to a student, the board of	54962
education shall acquire and retain copies of the written requests	54963
required by division (C)(1) and the statements required by	54964
divisions (C)(2) and (3) of this section and shall ensure that by	54965
the next school day following the receipt of any such statement a	54966
copy is given to the person authorized to administer drugs to the	54967
student for whom the statement has been received. The board, or a	54968
person designated by the board, shall establish a location in each	54969
school building for the storage of drugs to be administered under	54970
this section and federal law. All such drugs shall be stored in	54971
that location in a locked storage place, except that drugs that	54972
require refrigeration may be kept in a refrigerator in a place not	54973
commonly used by students.	54974

(E) No person who has been authorized by a board of education	54975
to administer a drug and has a copy of the most recent statement	54976
required by division (C)(2) or (3) of this section given to the	54977
person in accordance with division (D) of this section prior to	54978
administering the drug is liable in civil damages for	54979
administering or failing to administer the drug, unless such	54980
person acts in a manner that constitutes gross negligence or	54981
wanton or reckless misconduct.	54982

(F) A board of education may designate a person or persons to	54983
perform any function or functions in connection with a drug policy	54984
adopted under this section either by name or by position,	54985
training, qualifications, or similar distinguishing factors.	54986

Nothing in this section shall be construed to require a	54987
person employed by a board of education to administer a drug to a	54988
student unless the board's policy adopted in compliance with this	54989
section establishes such a requirement. A board shall not require	54990
an employee to administer a drug to a student if the employee	54991
objects, on the basis of religious convictions, to administering	54992
the drug.	54993

A policy adopted by a board of education pursuant to this	54994
section may be changed, modified, or revised by action of the	54995
board.	54996

Nothing in this section affects the application of section	54997
2305.23, 2305.231, or 3313.712 of the Revised Code to the	54998
administration of emergency care or treatment to a student.	54999

Sec. 3313.719. The board of education of each city, local,	55000
exempted village, and joint vocational school district and the	55001
governing authority of each chartered nonpublic school shall	55002
establish a written policy with respect to protecting students	55003
with peanut or other food allergies. The policy shall be developed	55004
in consultation with parents, school nurses and other school	55005
employees, school volunteers, students, and community members.	55006

~~Sec. 3313.174.~~ Sec. 3313.82. The board of education of each city	55007
and exempted village school district and the governing board of	55008
each educational service center shall appoint a business advisory	55009
council. The council shall advise and provide recommendations to	55010
the board on matters specified by the board including, but not	55011
necessarily limited to, the delineation of employment skills and	55012
the development of curriculum to instill these skills; changes in	55013
the economy and in the job market, and the types of employment in	55014
which future jobs are most likely to be available; and	55015
suggestions for developing a working relationship among	55016
businesses, labor organizations, and educational personnel in the	55017
district or in the territory of the educational service center.	55018
Each board shall determine the membership and organization of its	55019
council. Notwithstanding division (D) of section 3311.19 and	55020
division (D) of section 3311.52 of the Revised Code, this section	55021
shall not apply to the board of education of any joint vocational	55022
school district or any cooperative education school district	55023
created pursuant to divisions (A) to (C) of section 3311.52 of	55024
the Revised Code.	55025

Sec. 3313.821. (A) The board of education of each school	55026
district shall appoint a family and civic engagement team. Each	55027
team shall do the following:	55028

(1) Work with local county family and children first councils	55029
established under section 121.37 of the Revised Code to recommend	55030
to the board qualifications and responsibilities to be included in	55031
the job descriptions for school family and civic engagement	55032
coordinators;	55033

(2) Develop five-year family and civic engagement plans;

55034

(3) Provide annual progress reports on the development and	55035
implementation of the plan. The board shall submit the plan and	55036
annual progress reports to the county family and children first	55037
council.	55038

(4) Advise and provide recommendations to the board on	55039
matters specified by the board.	55040

(B) Each board shall determine the membership and	55041
organization of its family and civic engagement team, provided	55042
that it shall include parents, community representatives, health	55043
and human service representatives, business representatives, and	55044
any other representatives identified by the board.	55045

(C) Notwithstanding section 3311.055 of the Revised Code,	55046
this section does not apply to the governing board of an	55047
educational service center.	55048

(D) The governing authority of any community school	55049
established under Chapter 3314. of the Revised Code or the	55050
governing body of any STEM school established under Chapter 3326.	55051
of the Revised Code may appoint a family and civic engagement team	55052
in accordance with this section.	55053

Sec. 3313.822. As an alternative to appointing both a	55054
business advisory council and a family and civic engagement team,	55055
the board of education of a city or exempted village school	55056
district may appoint one committee that functions as both. A	55057
committee appointed under this section shall perform all	55058
functions required of a business advisory council under section	55059
3313.82 of the Revised Code and of a family and civic engagement	55060
team under section 3313.821 of the Revised Code. Each board	55061
shall determine the membership and organization of its committee,	55062
provided the membership shall comply with the requirements of	55063
division (B) of section 3313.821 of the Revised Code.	55064

Sec. 3313.83. (A)(1) For the purpose of pooling resources,	55065
operating more cost effectively, minimizing administrative	55066
overhead, encouraging the sharing of resource development, and	55067
diminishing duplication, the boards of education of two or more	55068
city, local, or exempted village school districts each having a	55069
majority of its territory in a county with a population greater	55070
than one million two hundred thousand, by adopting identical	55071
resolutions, may enter into an agreement providing for the	55072
creation of a regional student education district for the purpose	55073
of funding the following for students enrolled in those school	55074
districts, including students diagnosed as autistic and students	55075
with special needs, and their immediate family members:	55076

(a) Special education services;

55077

(b) Behavioral health services for persons with special	55078
needs.	55079

If more than eight boards of education adopt resolutions to	55080
form a regional student education district, the boards may meet at	55081
facilities of the educational service center of the county to	55082
discuss membership in the district.	55083

(2) The territory of a regional student education district at	55084
any time shall be composed of the combined territories of the	55085
school districts that are parties to the agreement at that time.	55086
Services funded by a regional student education district shall be	55087
available to all individuals enrolled in a school district that is	55088
a part of the regional student education district and members of	55089
their immediate family.	55090

(3) The agreement may be amended pursuant to terms and	55091
procedures mutually agreed to by the boards of education that are	55092
parties to the agreement.	55093

(B) Each regional student education district shall be	55094
governed by a board of directors. The superintendent of each	55095
board of education that is a party to the agreement shall serve	55096
on the board of directors. The agreement shall provide for the	55097
terms of office of directors. Directors shall receive no	55098
compensation, but shall be reimbursed, from the special fund of	55099
the regional student education district, for the reasonable and	55100
necessary expenses they incur in the performance of their duties	55101
for the district. The agreement shall provide for the conduct of	55102
the board's initial organizational meeting and for the frequency	55103
of subsequent meetings and quorum requirements. At its first	55104
meeting, the board shall designate from among its members a	55105
president and secretary in the manner provided in the agreement.	55106

The board of directors of a regional student education	55107
district is a body corporate and politic, is capable of suing and	55108
being sued, is capable of contracting within the limits of this	55109
section and the agreement governing the district, and is capable	55110
of accepting gifts, donations, bequests, or other grants of money	55111
for use in paying its expenses. The district is a public office	55112
and its directors are public officials within the meaning of	55113
section 117.01 of the Revised Code, the board of directors is a	55114
public body within the meaning of section 121.22 of the Revised	55115
Code, and records of the board and of the district are public	55116
records within the meaning of section 149.43 of the Revised Code.	55117

The agreement shall require the board to designate a	55118
permanent location for its offices and meeting place, and may	55119
provide for the use of such facilities and property for the	55120
provision of services by the agencies with which the board	55121
contracts under division (C) of this section.	55122

(C)(1) To provide the services identified in division (A)(1)	55123
of this section, the board of directors of a regional student	55124
education district shall provide for the hiring of employees or	55125
shall contract with one or more entities. Except as provided in	55126
division (C)(2) of this section, any entity with which the board	55127
of directors contracts to provide the services identified in	55128
division (A)(1)(b) of this section shall be a qualified nonprofit,	55129
nationally accredited agency to which both of the following	55130
apply:	55131

(a) The agency is licensed or certified by the departments of	55132
mental health, job and family services, and alcohol and drug	55133
addiction services.	55134

(b) The agency provides school-based behavioral health	55135
services.	55136

(2) The board of directors may contract with an entity that	55137
does not meet the conditions stated in division (C)(1) of this	55138
section if the services to be provided by the entity are only	55139
incidental to the services identified in division (A)(1)(b) of	55140
this section.	55141

(3) The board of directors may levy a tax throughout the	55142
district as provided in section 5705.2111 of the Revised Code. The	55143
board of directors shall provide for the creation of a special	55144
fund to hold the proceeds of any tax levied under section	55145
5705.2111 of the Revised Code and any gifts, donations, bequests,	55146
or other grants of money coming into the possession of the	55147
district. A regional student education district is a subdivision,	55148
and the board of directors is a governing body, within the	55149
meaning of section 135.01 of the Revised Code. The board of	55150
directors may not issue securities or otherwise incur	55151
indebtedness.	55152

(4) The adoption or rejection by electors of a tax levy to	55153
fund a regional student education district pursuant to section	55154
5705.2111 of the Revised Code does not alter the duty of each	55155
school district member of the regional student education district	55156
to provide special education and related services as required	55157
under Chapter 3323. of the Revised Code. On the expiration of a	55158
regional student education district levy, the state, member	55159
school districts of the regional student education district, and	55160
any other governmental entity shall not be obligated to provide	55161
replacement funding for the revenues under the expired levy. The	55162
tax levy, in whole or in part, shall not be considered a levy for	55163
current operating expenses pursuant to division (A) of section	55164
3317.01 of the Revised Code for any of the school districts that	55165
are members of the regional student education district.	55166

(D)(1) The agreement shall provide for the manner of	55167
appointing an individual or entity to perform the duties of fiscal	55168
officer of the regional student education district. The agreement	55169
shall specify the length of time the individual or entity shall	55170
perform those duties and whether the individual or entity may be	55171
reappointed upon the completion of a term. The fiscal officer may	55172
receive compensation for performing the duties of the position and	55173
be reimbursed for reasonable expenses of performing those duties	55174
from the regional student education district's special fund.	55175

(2) The legal advisor of the board of directors of a regional	55176
student education district shall be the prosecuting attorney of	55177
the most populous county containing a school district that is a	55178
member of the regional student education district. The	55179
prosecuting attorney shall prosecute all actions against a member	55180
of the board of directors for malfeasance or misfeasance in	55181
office and shall be the legal counsel for the board and its	55182
members in all other actions brought by or against them and shall	55183
conduct those actions in the prosecuting attorney's official	55184
capacity. No compensation in addition to the prosecuting	55185
attorney's regular salary shall be allowed.	55186

(E) The board of directors of a regional student education	55187
district shall procure a policy or policies of insurance insuring	55188
the board, the fiscal officer, and the legal representative	55189
against liability on account of damage or injury to persons and	55190
property. Before procuring such insurance the board shall adopt a	55191
resolution setting forth the amount of insurance to be purchased,	55192
the necessity of the insurance, and a statement of its estimated	55193
premium cost. Insurance procured pursuant to this section shall be	55194
from one or more recognized insurance companies authorized to do	55195
business in this state. The cost of the insurance shall be paid	55196
from the district's special fund.	55197

A regional student education district is a political	55198
subdivision within the meaning of section 2744.01 of the Revised	55199
Code.	55200

(F)(1) The board of education of a school district having a	55201
majority of its territory in the county may join an existing	55202
regional student education district by adopting a resolution	55203
requesting to join as a party to the agreement and upon approval	55204
by the boards of education that currently are parties to the	55205
agreement. If a tax is levied in the regional student education	55206
district under section 5705.2111 of the Revised Code, a board of	55207
education may join the district only after a majority of qualified	55208
electors in the school district voting on the question vote in	55209
favor of levying the tax throughout the school district. A board	55210
of education joining an existing district shall have the same	55211
powers, rights, and obligations under the agreement as other	55212
boards of education that are parties to the agreement.	55213

(2) A board of education that is a party to an agreement	55214
under this section may withdraw the school district from a	55215
regional student education district by adopting a resolution. The	55216
withdrawal shall take effect on the date provided in the	55217
resolution. If a tax is levied in the regional student education	55218
district under section 5705.2111 of the Revised Code, the	55219
resolution shall take effect not later than the first day of	55220
January following adoption of the resolution. Beginning with the	55221
first day of January following adoption of the resolution, any	55222
tax levied under section 5705.2111 of the Revised Code shall not	55223
be levied within the territory of the withdrawing school	55224
district. Any collection of tax levied in the territory of the	55225
withdrawing school district under that section that has not been	55226
settled and distributed when the resolution takes effect shall be	55227
credited to the district's special fund.	55228

(G) An agreement entered into under this section shall	55229
provide for the manner of the regional student education	55230
district's dissolution. The district shall cease to exist when	55231
not more than one school district remains in the district, and	55232
the levy of any tax under section 5705.2111 of the Revised Code	55233
shall not be extended on the tax lists in any tax year beginning	55234
after the dissolution of the district. The agreement shall	55235
provide that, upon dissolution of the district, any unexpended	55236
balance in the district's special fund shall be divided among the	55237
school districts that are parties to the agreement immediately	55238
before dissolution in proportion to the taxable valuation of	55239
taxable property in the districts, and credited to their	55240
respective general funds.	55241

Sec. 3313.843. (A) Notwithstanding division (D) of section	55242
3311.52 of the Revised Code, this section does not apply to either	55243
of the following:	55244

(1) Any cooperative education school district;

55245

(2) Any city or exempted village school district with a total	55246
student count of thirteen thousand or more determined pursuant to	55247
section 3317.03 of the Revised Code that has not entered into one	55248
or more agreements pursuant to this section prior to July 1, 1993,	55249
unless the district's total student count did not exceed thirteen	55250
thousand at the time it entered into an initial agreement under	55251
this section.	55252

(B) The board of education of a city or exempted village	55253
school district and the governing board of an educational service	55254
center may enter into an agreement, through adoption of identical	55255
resolutions, under which the educational service center governing	55256
board will provide services to the city or exempted village school	55257
district.	55258

Services provided under the agreement shall be specified in	55259
the agreement, and may include any one or a combination of the	55260
following: supervisory teachers; in-service and continuing	55261
education programs for city or exempted village school district	55262
personnel; curriculum services as provided to the local school	55263
districts under the supervision of the service center governing	55264
board; research and development programs; academic instruction for	55265
which the governing board employs teachers pursuant to section	55266
3319.02 of the Revised Code; and assistance in the provision of	55267
special accommodations and classes for students with	55268
disabilities. Services included in the agreement shall be provided	55269
to the city or exempted village district in the same manner they	55270
are provided to local school districts under the governing board's	55271
supervision, unless otherwise specified in the agreement. The city	55272
or exempted village board of education shall reimburse the	55273
educational service center governing board pursuant to section	55274
3317.11 of the Revised Code.	55275

(C) If an educational service center received funding under	55276
division (B) of former section 3317.11 or division (F) of section	55277
3317.11 of the Revised Code for an agreement under this section	55278
involving a city school district whose total student count was	55279
less than thirteen thousand, the service center may continue to	55280
receive funding under that division for such an agreement in any	55281
subsequent year if the city district's total student count exceeds	55282
thirteen thousand. However, only the first thirteen thousand	55283
pupils in the formula ADM of such district shall be included in	55284
determining the amount of the per pupil subsidy the service center	55285
shall receive under division (F) of section 3317.11 of the Revised	55286
Code.	55287

(D) ~~Any~~If an educational service center that has received	55288
funding under division (F) of section 3317.11 of the Revised Code,	55289
or under division (B) of former section 3317.11 of the Revised	55290
Code as it existed prior to September 26, 2003, for services	55291
provided to a city or exempted village school district pursuant to	55292
an agreement entered into under this section is dissolved or is	55293
scheduled to be dissolved under section 3311.0510 of the Revised	55294
Code, the city or exempted village school district that entered	55295
into that agreement with the service center may enter into a new	55296
agreement under this section with another service center for the	55297
same or similar services. In that case, the other service center	55298
shall receive funding under division (F) of section 3317.11 of the	55299
Revised Code for services to that district for any subsequent year	55300
that the new agreement is in force. An agreement entered into	55301
under this division shall be effective on the first day of July	55302
following the date both the service center governing board and the	55303
city or exempted village school district board approved the	55304
agreement, unless the agreement is so approved after the initial	55305
service center is dissolved, in which case the agreement shall be	55306
effective on the date that both boards have approved the	55307
agreement.	55308

(E) Except for an agreement under division (D) of this	55309
section that is approved by the boards of the district and the new	55310
service center after the initial service center is dissolved, any	55311
agreement entered into pursuant to this section shall be valid	55312
only if a copy is filed with the department of education by the	55313
first day of the school year for which the agreement is in effect.	55314
An agreement under division (D) of this section that is approved	55315
by the boards of the district and the new service center after the	55316
initial service center is dissolved shall be valid only if a copy	55317
is filed with the department within ten days after both boards	55318
have approved the agreement.	55319

Sec. 3313.86. The board of education of each city, exempted	55320
village, local, and joint vocational school district and the	55321
governing authority of each chartered nonpublic school	55322
periodically shall review its policies and procedures to ensure	55323
the safety of students, employees, and other persons using a	55324
school building from any known hazards in the building or on	55325
building grounds that, in the judgment of the board or governing	55326
authority, pose an immediate risk to health or safety. The board	55327
or governing authority shall further ensure that its policies and	55328
procedures comply with all federal laws and regulations regarding	55329
health and safety applicable to school buildings.	55330

Sec. 3313.976. (A) No private school may receive	55331
scholarship payments from parents pursuant to section 3313.979 of	55332
the Revised Code until the chief administrator of the private	55333
school registers the school with the superintendent of public	55334
instruction. The state superintendent shall register any school	55335
that meets the following requirements:	55336

(1) The school is located within the boundaries of the pilot	55337
project school district;	55338

(2) The school indicates in writing its commitment to follow	55339
all requirements for a state-sponsored scholarship program	55340
specified under sections 3313.974 to 3313.979 of the Revised Code,	55341
including, but not limited to, the requirements for admitting	55342
students pursuant to section 3313.977 of the Revised Code;	55343

(3) The school meets all state minimum standards for	55344
chartered nonpublic schools in effect on July 1, 1992, except that	55345
the state superintendent at the superintendent's discretion may	55346
register nonchartered nonpublic schools meeting the other	55347
requirements of this division;	55348

(4) The school does not discriminate on the basis of race,	55349
religion, or ethnic background;	55350

(5) The school enrolls a minimum of ten students per class or	55351
a sum of at least twenty-five students in all the classes offered;	55352

(6) The school does not advocate or foster unlawful behavior	55353
or teach hatred of any person or group on the basis of race,	55354
ethnicity, national origin, or religion;	55355

(7) The school does not provide false or misleading	55356
information about the school to parents, students, or the general	55357
public;	55358

(8) For students in grades kindergarten through eight, the	55359
school agrees not to charge any tuition to low-income families	55360
receiving ninety per cent of the scholarship amount through the	55361
scholarship program, pursuant to division (A) of section 3313.978	55362
of the Revised Code, in excess of ten per cent of the scholarship	55363
amount established pursuant to division (C)(1) of section 3313.978	55364
of the Revised Code, excluding any increase described in division	55365
(C)(2) of that section. The school shall permit any such tuition,	55366
at the discretion of the parent, to be satisfied by the low-income	55367
family's provision of in-kind contributions or services.	55368

(9) For students in grades kindergarten through eight, the	55369
school agrees not to charge any tuition to low-income families	55370
receiving a seventy-five per cent scholarship amount through the	55371
scholarship program, pursuant to division (A) of section 3313.978	55372
of the Revised Code, in excess of the difference between the	55373
actual tuition charge of the school and seventy-five per cent of	55374
the scholarship amount established pursuant to division (C)(1) of	55375
section 3313.978 of the Revised Code, excluding any increase	55376
described in division (C)(2) of that section. The school shall	55377
permit such tuition, at the discretion of the parent, to be	55378
satisfied by the low-income family's provision of in-kind	55379
contributions or services.	55380

(10) The school agrees not to charge any tuition to families	55381
of students in grades nine through twelve receiving a scholarship	55382
in excess of the actual tuition charge of the school less	55383
seventy-five or ninety per cent of the scholarship amount	55384
established pursuant to division (C)(1) of section 3313.978 of the	55385
Revised Code, as applicable, excluding any increase described in	55386
division (C)(2) of that section.	55387

(11) Notwithstanding division (K) of section 3301.0711 of the	55388
Revised Code, the school annually administers the assessments	55389
prescribed by section 3301.0710 of the Revised Code to each	55390
scholarship student enrolled in the school in accordance with	55391
section 3301.0711 of the Revised Code and reports to the	55392
department of education the results of each such assessment	55393
administered to each scholarship student.	55394

(B) The state superintendent shall revoke the registration of	55395
any school if, after a hearing, the superintendent determines that	55396
the school is in violation of any of the provisions of division	55397
(A) of this section.	55398

(C) Any public school located in a school district adjacent	55399
to the pilot project district may receive scholarship payments on	55400
behalf of parents pursuant to section 3313.979 of the Revised Code	55401
if the superintendent of the district in which such public school	55402
is located notifies the state superintendent prior to the first	55403
day of March that the district intends to admit students from the	55404
pilot project district for the ensuing school year pursuant to	55405
section 3327.06 of the Revised Code.	55406

(D) Any parent wishing to purchase tutorial assistance from	55407
any person or governmental entity pursuant to the pilot project	55408
program under sections 3313.974 to 3313.979 of the Revised Code	55409
shall apply to the state superintendent. The state superintendent	55410
shall approve providers who appear to possess the capability of	55411
furnishing the instructional services they are offering to	55412
provide.	55413

Sec. 3313.978. (A) Annually by the first day of November,	55414
the superintendent of public instruction shall notify the pilot	55415
project school district of the number of initial scholarships that	55416
the state superintendent will be awarding in each of grades	55417
kindergarten through eight.	55418

The state superintendent shall provide information about the	55419
scholarship program to all students residing in the district,	55420
shall accept applications from any such students until such date	55421
as shall be established by the state superintendent as a deadline	55422
for applications, and shall establish criteria for the selection	55423
of students to receive scholarships from among all those applying	55424
prior to the deadline, which criteria shall give preference to	55425
students from low-income families. For each student selected, the	55426
state superintendent shall also determine whether the student	55427
qualifies for seventy-five or ninety per cent of the scholarship	55428
amount. Students whose family income is at or above two hundred	55429
per cent of the maximum income level established by the state	55430
superintendent for low-income families shall qualify for	55431
seventy-five per cent of the scholarship amount and students whose	55432
family income is below two hundred per cent of that maximum income	55433
level shall qualify for ninety per cent of the scholarship amount.	55434
The state superintendent shall notify students of their selection	55435
prior to the fifteenth day of January and whether they qualify for	55436
seventy-five or ninety per cent of the scholarship amount.	55437

(1) A student receiving a pilot project scholarship may	55438
utilize it at an alternative public school by notifying the	55439
district superintendent, at any time before the beginning of the	55440
school year, of the name of the public school in an adjacent	55441
school district to which the student has been accepted pursuant to	55442
section 3327.06 of the Revised Code.	55443

(2) A student may decide to utilize a pilot project	55444
scholarship at a registered private school in the district if all	55445
of the following conditions are met:	55446

(a) By the fifteenth day of February of the preceding school	55447
year, or at any time prior to the start of the school year, the	55448
parent makes an application on behalf of the student to a	55449
registered private school.	55450

(b) The registered private school notifies the parent and the	55451
state superintendent as follows that the student has been	55452
admitted:	55453

(i) By the fifteenth day of March of the preceding school	55454
year if the student filed an application by the fifteenth day of	55455
February and was admitted by the school pursuant to division (A)	55456
of section 3313.977 of the Revised Code;	55457

(ii) Within one week of the decision to admit the student if	55458
the student is admitted pursuant to division (C) of section	55459
3313.977 of the Revised Code.	55460

(c) The student actually enrolls in the registered private	55461
school to which the student was first admitted or in another	55462
registered private school in the district or in a public school in	55463
an adjacent school district.	55464

(B) The state superintendent shall also award in any school	55465
year tutorial assistance grants to a number of students equal to	55466
the number of students who receive scholarships under division (A)	55467
of this section. Tutorial assistance grants shall be awarded	55468
solely to students who are enrolled in the public schools of the	55469
district in a grade level covered by the pilot project. Tutorial	55470
assistance grants may be used solely to obtain tutorial assistance	55471
from a provider approved pursuant to division (D) of section	55472
3313.976 of the Revised Code.	55473

All students wishing to obtain tutorial assistance grants	55474
shall make application to the state superintendent by the first	55475
day of the school year in which the assistance will be used. The	55476
state superintendent shall award assistance grants in accordance	55477
with criteria the superintendent shall establish. For each student	55478
awarded a grant, the state superintendent shall also determine	55479
whether the student qualifies for seventy-five or ninety per cent	55480
of the grant amount and so notify the student. Students whose	55481
family income is at or above two hundred per cent of the maximum	55482
income level established by the state superintendent for	55483
low-income families shall qualify for seventy-five per cent of the	55484
grant amount and students whose family income is below two hundred	55485
per cent of that maximum income level shall qualify for ninety per	55486
cent of the grant amount.	55487

(C)(1) In the case of basic scholarships for students in	55488
grades kindergarten through eight, the scholarship amount shall	55489
not exceed the lesser of the tuition charges of the alternative	55490
school the scholarship recipient attends or three thousand	55491
dollars before fiscal year 2007 and three thousand four hundred	55492
fifty dollars in fiscal year 2007 and thereafter.	55493

In the case of basic scholarships for students in grades nine	55494
through twelve, the scholarship amount shall not exceed the lesser	55495
of the tuition charges of the alternative school the scholarship	55496
recipient attends or two thousand seven hundred dollars before	55497
fiscal year 2007 and three thousand four hundred fifty dollars in	55498
fiscal year 2007 and thereafter.	55499

(2) The state superintendent shall provide for an increase in	55500
the basic scholarship amount in the case of any student who is a	55501
mainstreamed student with a disability and shall further increase	55502
such amount in the case of any separately educated student with a	55503
disability. Such increases shall take into account the	55504
instruction, related services, and transportation costs of	55505
educating such students.	55506

(3) In the case of tutorial assistance grants, the grant	55507
amount shall not exceed the lesser of the provider's actual	55508
charges for such assistance or:	55509

(a) Before fiscal year 2007, a percentage established by the	55510
state superintendent, not to exceed twenty per cent, of the amount	55511
of the pilot project school district's average basic scholarship	55512
amount;	55513

(b) In fiscal year 2007 and thereafter, four hundred dollars.

55514

(4) No scholarship or tutorial assistance grant shall be	55515
awarded unless the state superintendent determines that	55516
twenty-five or ten per cent, as applicable, of the amount	55517
specified for such scholarship or grant pursuant to division	55518
(C)(1), (2), or (3) of this section will be furnished by a	55519
political subdivision, a private nonprofit or for profit entity,	55520
or another person. Only seventy-five or ninety per cent of such	55521
amounts, as applicable, shall be paid from state funds pursuant to	55522
section 3313.979 of the Revised Code.	55523

(D)(1) Annually by the first day of November, the state	55524
superintendent shall estimate the maximum per-pupil scholarship	55525
amounts for the ensuing school year. The state superintendent	55526
shall make this estimate available to the general public at the	55527
offices of the district board of education together with the forms	55528
required by division (D)(2) of this section.	55529

(2) Annually by the fifteenth day of January, the chief	55530
administrator of each registered private school located in the	55531
pilot project district and the principal of each public school in	55532
such district shall complete a parental information form and	55533
forward it to the president of the board of education. The	55534
parental information form shall be prescribed by the department of	55535
education and shall provide information about the grade levels	55536
offered, the numbers of students, tuition amounts, achievement	55537
test results, and any sectarian or other organizational	55538
affiliations.	55539

(E)(1) Only for the purpose of administering the pilot	55540
project scholarship program, the department may request from any	55541
of the following entities the data verification code assigned	55542
under division (D)(2) of section 3301.0714 of the Revised Code to	55543
any student who is seeking a scholarship under the program:	55544

(a) The school district in which the student is entitled to	55545
attend school under section 3313.64 or 3313.65 of the Revised	55546
Code;	55547

(b) If applicable, the community school in which the student	55548
is enrolled;	55549

(c) The independent contractor engaged to create and maintain	55550
data verification codes.	55551

(2) Upon a request by the department under division (E)(1) of	55552
this section for the data verification code of a student seeking a	55553
scholarship or a request by the student's parent for that code,	55554
the school district or community school shall submit that code to	55555
the department or parent in the manner specified by the	55556
department. If the student has not been assigned a code, because	55557
the student will be entering kindergarten during the school year	55558
for which the scholarship is sought, the district shall assign a	55559
code to that student and submit the code to the department or	55560
parent by a date specified by the department. If the district does	55561
not assign a code to the student by the specified date, the	55562
department shall assign a code to the student.	55563

The department annually shall submit to each school district	55564
the name and data verification code of each student residing in	55565
the district who is entering kindergarten, who has been awarded a	55566
scholarship under the program, and for whom the department has	55567
assigned a code under this division.	55568

(3) The department shall not release any data verification	55569
code that it receives under division (E) of this section to any	55570
person except as provided by law.	55571

(F) Any document relative to the pilot project scholarship	55572
program that the department holds in its files that contains both	55573
a student's name or other personally identifiable information and	55574
the student's data verification code shall not be a public record	55575
under section 149.43 of the Revised Code.	55576

(G)(1) The department annually shall compile the scores	55577
attained by scholarship students enrolled in registered private	55578
schools on the assessments administered to the students pursuant	55579
to division (A)(11) of section 3313.976 of the Revised Code. The	55580
scores shall be aggregated as follows:	55581

(a) By school district, which shall include all scholarship	55582
students residing in the pilot project school district who are	55583
enrolled in a registered private school and were required to take	55584
an assessment pursuant to division (A)(11) of section 3313.976 of	55585
the Revised Code;	55586

(b) By registered private school, which shall include all	55587
scholarship students enrolled in that school who were required to	55588
take an assessment pursuant to division (A)(11) of section	55589
3313.976 of the Revised Code.	55590

(2) The department shall disaggregate the student performance	55591
data described in division (G)(1) of this section according to the	55592
following categories:	55593

(a) Age;

55594

(b) Race and ethnicity;

55595

55596

(d) Students who have participated in the scholarship program	55597
for three or more years;	55598

(e) Students who have participated in the scholarship program	55599
for more than one year and less than three years;	55600

(f) Students who have participated in the scholarship program	55601
for one year or less;	55602

(g) Economically disadvantaged students.

55603

(3) The department shall post the student performance data	55604
required under divisions (G)(1) and (2) of this section on its web	55605
site and shall include that data in the information about the	55606
scholarship program provided to students under division (A) of	55607
this section. In reporting student performance data under this	55608
division, the department shall not include any data that is	55609
statistically unreliable or that could result in the	55610
identification of individual students. For this purpose, the	55611
department shall not report performance data for any group that	55612
contains less than ten students.	55613

(4) The department shall provide the parent of each	55614
scholarship student enrolled in a registered private school with	55615
information comparing the student's performance on the assessments	55616
administered pursuant to division (A)(11) of section 3313.976 of	55617
the Revised Code with the average performance of similar students	55618
enrolled in the building operated by the pilot project school	55619
district that the scholarship student would otherwise attend. In	55620
calculating the performance of similar students, the department	55621
shall consider age, grade, race and ethnicity, gender, and	55622
socioeconomic status.	55623

Sec. 3313.98. Notwithstanding division (D) of section	55624
3311.19 and division (D) of section 3311.52 of the Revised Code,	55625
the provisions of this section and sections 3313.981 to 3313.983	55626
of the Revised Code that apply to a city school district do not	55627
apply to a joint vocational or cooperative education school	55628
district unless expressly specified.	55629

(A) As used in this section and sections 3313.981 to 3313.983	55630
of the Revised Code:	55631

(1) "Parent" means either of the natural or adoptive parents	55632
of a student, except under the following conditions:	55633

(a) When the marriage of the natural or adoptive parents of	55634
the student has been terminated by a divorce, dissolution of	55635
marriage, or annulment or the natural or adoptive parents of the	55636
student are living separate and apart under a legal separation	55637
decree and the court has issued an order allocating the parental	55638
rights and responsibilities with respect to the student, "parent"	55639
means the residential parent as designated by the court except	55640
that "parent" means either parent when the court issues a shared	55641
parenting decree.	55642

(b) When a court has granted temporary or permanent custody	55643
of the student to an individual or agency other than either of the	55644
natural or adoptive parents of the student, "parent" means the	55645
legal custodian of the child.	55646

(c) When a court has appointed a guardian for the student,	55647
"parent" means the guardian of the student.	55648

(2) "Native student" means a student entitled under section	55649
3313.64 or 3313.65 of the Revised Code to attend school in a	55650
district adopting a resolution under this section.	55651

(3) "Adjacent district" means a city, exempted village, or	55652
local school district having territory that abuts the territory of	55653
a district adopting a resolution under this section.	55654

(4) "Adjacent district student" means a student entitled	55655
under section 3313.64 or 3313.65 of the Revised Code to attend	55656
school in an adjacent district.	55657

(5) "Adjacent district joint vocational student" means an	55658
adjacent district student who enrolls in a city, exempted village,	55659
or local school district pursuant to this section and who also	55660
enrolls in a joint vocational school district that does not	55661
contain the territory of the district for which that student is a	55662
native student and does contain the territory of the city,	55663
exempted village, or local district in which the student enrolls.	55664

(6) "Formula amount" has the same meaning as in section	55665
3317.02 of the Revised Code.	55666

(7) "Adjusted formula amount" means the sum of the formula	55667
amount plus the per pupil amount of the base funding supplements	55668
specified in divisions (C)(1) to (4) of section 3317.012 of the	55669
Revised Code for fiscal year 2009.	55670

(8) "Poverty line" means the poverty line established by the	55671
director of the United States office of management and budget as	55672
revised by the director of the office of community services in	55673
accordance with section 673(2) of the "Community Services Block	55674
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended.	55675

(9) "IEP" has the same meaning as in section 3323.01 of the	55676
Revised Code.	55677

(10) "Other district" means a city, exempted village, or	55678
local school district having territory outside of the territory of	55679
a district adopting a resolution under this section.	55680

(11) "Other district student" means a student entitled under	55681
section 3313.64 or 3313.65 of the Revised Code to attend school in	55682
an other district.	55683

(12) "Other district joint vocational student" means a	55684
student who is enrolled in any city, exempted village, or local	55685
school district and who also enrolls in a joint vocational school	55686
district that does not contain the territory of the district for	55687
which that student is a native student in accordance with a policy	55688
adopted under section 3313.983 of the Revised Code.	55689

(B)(1) The board of education of each city, local, and	55690
exempted village school district shall adopt a resolution	55691
establishing for the school district one of the following	55692
policies:	55693

(a) A policy that entirely prohibits the enrollment of	55694
students from adjacent districts or other districts, other than	55695
students for whom tuition is paid in accordance with section	55696
3317.08 of the Revised Code;	55697

(b) A policy that permits enrollment of students from all	55698
adjacent districts in accordance with policy statements contained	55699
in the resolution;	55700

(c) A policy that permits enrollment of students from all	55701
other districts in accordance with policy statements contained in	55702
the resolution.	55703

(2) A policy permitting enrollment of students from adjacent	55704
or from other districts, as applicable, shall provide for all of	55705
the following:	55706

(a) Application procedures, including deadlines for	55707
application and for notification of students and the	55708
superintendent of the applicable district whenever an adjacent or	55709
other district student's application is approved.	55710

(b) Procedures for admitting adjacent or other district	55711
applicants free of any tuition obligation to the district's	55712
schools, including, but not limited to:	55713

(i) The establishment of district capacity limits by grade	55714
level, school building, and education program;	55715

(ii) A requirement that all native students wishing to be	55716
enrolled in the district will be enrolled and that any adjacent or	55717
other district students previously enrolled in the district shall	55718
receive preference over first-time applicants;	55719

(iii) Procedures to ensure that an appropriate racial balance	55720
is maintained in the district schools.	55721

(C) Except as provided in section 3313.982 of the Revised	55722
Code, the procedures for admitting adjacent or other district	55723
students, as applicable, shall not include:	55724

(1) Any requirement of academic ability, or any level of	55725
athletic, artistic, or other extracurricular skills;	55726

(2) Limitations on admitting applicants because of	55727
disability, except that a board may refuse to admit a student	55728
receiving services under Chapter 3323. of the Revised Code, if	55729
the services described in the student's IEP are not available in	55730
the district's schools;	55731

(3) A requirement that the student be proficient in the	55732
English language;	55733

(4) Rejection of any applicant because the student has been	55734
subject to disciplinary proceedings, except that if an applicant	55735
has been suspended or expelled by the student's district for ten	55736
consecutive days or more in the term for which admission is sought	55737
or in the term immediately preceding the term for which admission	55738
is sought, the procedures may include a provision denying	55739
admission of such applicant.	55740

(D)(1) Each school board permitting only enrollment of	55741
adjacent district students shall provide information about the	55742
policy adopted under this section, including the application	55743
procedures and deadlines, to the superintendent and the board of	55744
education of each adjacent district and, upon request, to the	55745
parent of any adjacent district student.	55746

(2) Each school board permitting enrollment of other district	55747
students shall provide information about the policy adopted under	55748
this section, including the application procedures and deadlines,	55749
upon request, to the board of education of any other school	55750
district or to the parent of any student anywhere in the state.	55751

(E) Any school board shall accept all credits toward	55752
graduation earned in adjacent or other district schools by an	55753
adjacent or other district student or a native student.	55754

(F)(1) No board of education may adopt a policy discouraging	55755
or prohibiting its native students from applying to enroll in the	55756
schools of an adjacent or any other district that has adopted a	55757
policy permitting such enrollment, except that:	55758

(a) A district may object to the enrollment of a native	55759
student in an adjacent or other district in order to maintain an	55760
appropriate racial balance.	55761

(b) The board of education of a district receiving funds	55762
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,	55763
may adopt a resolution objecting to the enrollment of its native	55764
students in adjacent or other districts if at least ten per cent	55765
of its students are included in the determination of the United	55766
States secretary of education made under section 20 U.S.C.A.	55767
238(a).	55768

(2) If a board objects to enrollment of native students under	55769
this division, any adjacent or other district shall refuse to	55770
enroll such native students unless tuition is paid for the	55771
students in accordance with section 3317.08 of the Revised Code.	55772
An adjacent or other district enrolling such students may not	55773
receive funding for those students in accordance with section	55774
3313.981 of the Revised Code.	55775

(G) The state board of education shall monitor school	55776
districts to ensure compliance with this section and the	55777
districts' policies. The board may adopt rules requiring uniform	55778
application procedures, deadlines for application, notification	55779
procedures, and record-keeping requirements for all school boards	55780
that adopt policies permitting the enrollment of adjacent or other	55781
district students, as applicable. If the state board adopts such	55782
rules, no school board shall adopt a policy that conflicts with	55783
those rules.	55784

(H) A resolution adopted by a board of education under this	55785
section that entirely prohibits the enrollment of students from	55786
adjacent and from other school districts does not abrogate any	55787
agreement entered into under section 3313.841 or 3313.92 of the	55788
Revised Code or any contract entered into under section 3313.90 of	55789
the Revised Code between the board of education adopting the	55790
resolution and the board of education of any adjacent or other	55791
district or prohibit these boards of education from entering into	55792
any such agreement or contract.	55793

(I) Nothing in this section shall be construed to permit or	55794
require the board of education of a city, exempted village, or	55795
local school district to exclude any native student of the	55796
district from enrolling in the district.	55797

Sec. 3313.981. (A) The state board of education shall adopt	55798
rules requiring all of the following:	55799

(1) The board of education of each city, exempted village,	55800
and local school district to annually report to the department of	55801
education all of the following:	55802

(a) The number of adjacent district or other district	55803
students, as applicable, and adjacent district or other district	55804
joint vocational students, as applicable, enrolled in the district	55805
and the number of native students enrolled in adjacent or other	55806
districts, in accordance with a policy adopted under division (B)	55807
of section 3313.98 of the Revised Code;	55808

(b) Each adjacent district or other district student's or	55809
adjacent district or other district joint vocational student's	55810
date of enrollment in the district;	55811

(c) The full-time equivalent number of adjacent district or	55812
other district students enrolled in vocational education programs	55813
or classes described in division (A) of section 3317.014 of the	55814
Revised Code and the full-time equivalent number of such students	55815
enrolled in vocational education programs or classes described in	55816
division (B) of that section;	55817

(d) Each native student's date of enrollment in an adjacent	55818
or other district.	55819

(2) The board of education of each joint vocational school	55820
district to annually report to the department all of the	55821
following:	55822

(a) The number of adjacent district or other district joint	55823
vocational students, as applicable, enrolled in the district;	55824

(b) The full-time equivalent number of adjacent district or	55825
other district joint vocational students enrolled in vocational	55826
education programs or classes described in division (A) of section	55827
3317.014 of the Revised Code and the full-time equivalent number	55828
of such students enrolled in vocational education programs or	55829
classes described in division (B) of that section;	55830

(c) For each adjacent district or other district joint	55831
vocational student, the city, exempted village, or local school	55832
district in which the student is also enrolled.	55833

(3) Prior to the first full school week in October each year,	55834
the superintendent of each city, local, or exempted village school	55835
district that admits adjacent district or other district students	55836
or adjacent district or other district joint vocational students	55837
in accordance with a policy adopted under division (B) of section	55838
3313.98 of the Revised Code to notify each adjacent or other	55839
district where those students are entitled to attend school under	55840
section 3313.64 or 3313.65 of the Revised Code of the number of	55841
the adjacent or other district's native students who are enrolled	55842
in the superintendent's district under the policy.	55843

The rules shall provide for the method of counting students	55844
who are enrolled for part of a school year in an adjacent or other	55845
district or as an adjacent district or other district joint	55846
vocational student.	55847

(B) From the payments made to a city, exempted village, or	55848
local school district under Chapter ~~3317.~~3306. of the Revised	55849
Code, the department of education shall annually subtract both of	55850
the following:	55851

(1) An amount equal to the number of the district's native	55852
students reported under division (A)(1) of this section who are	55853
enrolled in adjacent or other school districts pursuant to	55854
policies adopted by such districts under division (B) of section	55855
3313.98 of the Revised Code multiplied by the adjusted formula	55856
amount ~~for the district~~;	55857

(2) The excess costs computed in accordance with division (E)	55858
of this section for any such native students receiving special	55859
education and related services in adjacent or other school	55860
districts or as an adjacent district or other district joint	55861
vocational student;	55862

(3) For the full-time equivalent number of the district's	55863
native students reported under division (A)(1)(c) or (2)(b) of	55864
this section as enrolled in vocational education programs or	55865
classes described in section 3317.014 of the Revised Code, an	55866
amount equal to the formula amount times the applicable multiple	55867
prescribed by that section.	55868

(C) To the payments made to a city, exempted village, or	55869
local school district under Chapter ~~3317.~~3306. of the Revised	55870
Code, the department of education shall annually add all of the	55871
following:	55872

(1) An amount equal to the adjusted formula amount ~~for the~~	55873
~~district~~ multiplied by the remainder obtained by subtracting the	55874
number of adjacent district or other district joint vocational	55875
students from the number of adjacent district or other district	55876
students enrolled in the district, as reported under division	55877
(A)(1) of this section;	55878

(2) The excess costs computed in accordance with division (E)	55879
of this section for any adjacent district or other district	55880
students, except for any adjacent or other district joint	55881
vocational students, receiving special education and related	55882
services in the district;	55883

(3) For the full-time equivalent number of the adjacent or	55884
other district students who are not adjacent district or other	55885
district joint vocational students and are reported under division	55886
(A)(1)(c) of this section as enrolled in vocational education	55887
programs or classes described in section 3317.014 of the Revised	55888
Code, an amount equal to the formula amount times the applicable	55889
multiple prescribed by that section;	55890

(4) An amount equal to the number of adjacent district or	55891
other district joint vocational students reported under division	55892
(A)(1) of this section multiplied by an amount equal to twenty per	55893
cent of the adjusted formula amount ~~for the district~~.	55894

(D) To the payments made to a joint vocational school	55895
district ~~under Chapter 3317. of the Revised Code~~, the department	55896
of education shall add, for each adjacent district or other	55897
district joint vocational student reported under division (A)(2)	55898
of this section, both of the following:	55899

(1) ~~An amount equal to the~~The adjusted formula amount ~~of the~~	55900
~~city, exempted village, or local school district in which the~~	55901
~~student is also enrolled~~;	55902

(2) An amount equal to the full-time equivalent number of	55903
students reported pursuant to division (A)(2)(b) of this section	55904
times the formula amount times the applicable multiple prescribed	55905
by section 3317.014 of the Revised Code.	55906

(E)(1) A city, exempted village, or local school board	55907
providing special education and related services to an adjacent or	55908
other district student in accordance with an IEP shall, pursuant	55909
to rules of the state board, compute the excess costs to educate	55910
such student as follows:	55911

(a) Subtract the adjusted formula amount ~~for the district~~	55912
from the actual costs to educate the student;	55913

(b) From the amount computed under division (E)(1)(a) of this	55914
section subtract the amount of any funds received by the district	55915
under Chapter ~~3317.~~3306. of the Revised Code to provide special	55916
education and related services to the student.	55917

(2) The board shall report the excess costs computed under	55918
this division to the department of education.	55919

(3) If any student for whom excess costs are computed under	55920
division (E)(1) of this section is an adjacent or other district	55921
joint vocational student, the department of education shall add	55922
the amount of such excess costs to the payments made under Chapter	55923
~~3317.~~3306. of the Revised Code to the joint vocational school	55924
district enrolling the student.	55925

(F) As provided in division (D)(1)(b) of section 3317.03 of	55926
the Revised Code, no joint vocational school district shall count	55927
any adjacent or other district joint vocational student enrolled	55928
in the district in its formula ADM certified under section 3317.03	55929
of the Revised Code.	55930

(G) No city, exempted village, or local school district shall	55931
receive a payment under division (C) of this section for a	55932
student, and no joint vocational school district shall receive a	55933
payment under division (D) of this section for a student, if for	55934
the same school year that student is counted in the district's	55935
formula ADM certified under section 3317.03 of the Revised Code.	55936

(H) Upon request of a parent, and provided the board offers	55937
transportation to native students of the same grade level and	55938
distance from school under section 3327.01 of the Revised Code, a	55939
city, exempted village, or local school board enrolling an	55940
adjacent or other district student shall provide transportation	55941
for the student within the boundaries of the board's district,	55942
except that the board shall be required to pick up and drop off a	55943
nonhandicapped student only at a regular school bus stop	55944
designated in accordance with the board's transportation policy.	55945
Pursuant to rules of the state board of education, such board may	55946
reimburse the parent from funds received under ~~division (D) of~~	55947
section ~~3317.022~~3306.12 of the Revised Code for the reasonable	55948
cost of transportation from the student's home to the designated	55949
school bus stop if the student's family has an income below the	55950
federal poverty line.	55951

Sec. 3314.012. (A) Within ninety days of September 28,	55952
1999, the superintendent of public instruction shall appoint	55953
representatives of the department of education, including	55954
employees who work with the education management information	55955
system and employees of the office of community schools	55956
established by section 3314.11 of the Revised Code, to a committee	55957
to develop report card models for community schools. The director	55958
of the legislative office of education oversight shall also	55959
appoint representatives to the committee. The committee shall	55960
design model report cards appropriate for the various types of	55961
community schools approved to operate in the state. Sufficient	55962
models shall be developed to reflect the variety of grade levels	55963
served and the missions of the state's community schools. All	55964
models shall include both financial and academic data. The initial	55965
models shall be developed by March 31, 2000.	55966

(B) The department of education shall issue an annual report	55967
card for each community school, regardless of how long the school	55968
has been in operation. The report card shall report the academic	55969
and financial performance of the school utilizing one of the	55970
models developed under division (A) of this section. The report	55971
card shall include all information applicable to school buildings	55972
under division (A) of section 3302.03 of the Revised Code ~~and~~	55973
~~section 3302.032 of the Revised Code~~. The ratings a community	55974
school receives under section 3302.03 of the Revised Code for its	55975
first two full school years shall not be considered toward	55976
automatic closure of the school under section 3314.35 of the	55977
Revised Code or any other matter that is based on report card	55978
ratings.	55979

(C) Upon receipt of a copy of a contract between a sponsor	55980
and a community school entered into under this chapter, the	55981
department of education shall notify the community school of the	55982
specific model report card that will be used for that school.	55983

(D) Report cards shall be distributed to the parents of all	55984
students in the community school, to the members of the board of	55985
education of the school district in which the community school is	55986
located, and to any person who requests one from the department.	55987

~~(E) No report card shall be issued for any community school~~	55988
~~under this section until the school has been open for instruction~~	55989
~~for two full school years.~~	55990

Sec. 3314.015. (A) The department of education shall be	55991
responsible for the oversight of any and all sponsors of the	55992
community schools established under this chapter and shall provide	55993
technical assistance to schools and sponsors in their compliance	55994
with applicable laws and the terms of the contracts entered into	55995
under section 3314.03 of the Revised Code and in the development	55996
and start-up activities of those schools. In carrying out its	55997
duties under this section, the department shall do all of the	55998
following:	55999

(1) In providing technical assistance to proposing parties,	56000
governing authorities, and sponsors, conduct training sessions and	56001
distribute informational materials;	56002

(2) Approve entities to be sponsors of community schools ~~and~~	56003
~~monitor~~;	56004

(3) Monitor the effectiveness of ~~those~~any and all sponsors	56005
in their oversight of the schools with which they have contracted;	56006

~~(3)~~(4) By December thirty-first of each year, issue a report	56007
to the governor, the speaker of the house of representatives, the	56008
president of the senate, and the chairpersons of the house and	56009
senate committees principally responsible for education matters	56010
regarding the effectiveness of academic programs, operations, and	56011
legal compliance and of the financial condition of all community	56012
schools established under this chapter and on the performance of	56013
community school sponsors;	56014

~~(4)~~(5) From time to time, make legislative recommendations to	56015
the general assembly designed to enhance the operation and	56016
performance of community schools.	56017

(B)(1) NoExcept as provided in sections 3314.021 and	56018
3314.027 of the Revised Code, no entity listed in division (C)(1)	56019
of section 3314.02 of the Revised Code shall enter into a	56020
preliminary agreement under division (C)(2) of section 3314.02 of	56021
the Revised Code until it has received approval from the	56022
department of education to sponsor community schools under this	56023
chapter and has entered into a written agreement with the	56024
department regarding the manner in which the entity will conduct	56025
such sponsorship. The department shall adopt in accordance with	56026
Chapter 119. of the Revised Code rules containing criteria,	56027
procedures, and deadlines for processing applications for such	56028
approval, for oversight of sponsors, for revocation of the	56029
approval of sponsors, and for entering into written agreements	56030
with sponsors. The rules shall require an entity to submit	56031
evidence of the entity's ability and willingness to comply with	56032
the provisions of division (D) of section 3314.03 of the Revised	56033
Code. The rules also shall require entities approved as sponsors	56034
on and after June 30, 2005, to demonstrate a record of financial	56035
responsibility and successful implementation of educational	56036
programs. If an entity seeking approval on or after June 30,	56037
2005, to sponsor community schools in this state sponsors or	56038
operates schools in another state, at least one of the schools	56039
sponsored or operated by the entity must be comparable to or	56040
better than the performance of Ohio schools in need of	56041
continuous improvement under section 3302.03 of the Revised	56042
Code, as determined by the department.	56043

An entity that sponsors community schools may enter into	56044
preliminary agreements and sponsor schools as follows, provided	56045
each school and the contract for sponsorship meets the	56046
requirements of this chapter:	56047

(a) An entity that sponsored fifty or fewer schools that were	56048
open for operation as of May 1, 2005, may sponsor not more than	56049
fifty schools.	56050

(b) An entity that sponsored more than fifty but not more	56051
than seventy-five schools that were open for operation as of May	56052
1, 2005, may sponsor not more than the number of schools the	56053
entity sponsored that were open for operation as of May 1, 2005.	56054

(c) Until June 30, 2006, an entity that sponsored more than	56055
seventy-five schools that were open for operation as of May 1,	56056
2005, may sponsor not more than the number of schools the entity	56057
sponsored that were open for operation as of May 1, 2005. After	56058
June 30, 2006, such an entity may sponsor not more than	56059
seventy-five schools.	56060

Upon approval of an entity to be a sponsor under this	56061
division, the department shall notify the entity of the number of	56062
schools the entity may sponsor.	56063

The limit imposed on an entity to which division (B)(1) of	56064
this section applies shall be decreased by one for each school	56065
sponsored by the entity that permanently closes.	56066

If at any time an entity exceeds the number of schools it may	56067
sponsor under this division, the department shall assist the	56068
schools in excess of the entity's limit in securing new sponsors.	56069
If a school is unable to secure a new sponsor, the department	56070
shall assume sponsorship of the school in accordance with division	56071
(C) of this section. Those schools for which another sponsor or	56072
the department assumes sponsorship shall be the schools that most	56073
recently entered into contracts with the entity under section	56074
3314.03 of the Revised Code.	56075

(2) The department of education shall determine, pursuant to	56076
criteria adopted by rule of the department, whether the mission	56077
proposed to be specified in the contract of a community school to	56078
be sponsored by a state university board of trustees or the	56079
board's designee under division (C)(1)(e) of section 3314.02 of	56080
the Revised Code complies with the requirements of that division.	56081
Such determination of the department is final.	56082

(3) The department of education shall determine, pursuant to	56083
criteria adopted by rule of the department, if any tax-exempt	56084
entity under section 501(c)(3) of the Internal Revenue Code that	56085
is proposed to be a sponsor of a community school is an	56086
education-oriented entity for purpose of satisfying the condition	56087
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the	56088
Revised Code. Such determination of the department is final.	56089

(C) If at any time the state board of education finds that a	56090
sponsor is not in compliance or is no longer willing to comply	56091
with its contract with any community school or with the	56092
department's rules for sponsorship, the state board or designee	56093
shall conduct a hearing in accordance with Chapter 119. of the	56094
Revised Code on that matter. If after the hearing, the state board	56095
or designee has confirmed the original finding, the department of	56096
education may revoke the sponsor's approval to sponsor community	56097
schools and may assume the sponsorship of any schools with which	56098
the sponsor has contracted until the earlier of the expiration of	56099
two school years or until a new sponsor as described in division	56100
(C)(1) of section 3314.02 of the Revised Code is secured by the	56101
school's governing authority. The department may extend the term	56102
of the contract in the case of a school for which it has assumed	56103
sponsorship under this division as necessary to accommodate the	56104
term of the department's authorization to sponsor the school	56105
specified in this division.	56106

(D) The decision of the department to disapprove an entity	56107
for sponsorship of a community school or to revoke approval for	56108
such sponsorship~~, as provided in~~under division (C) of this	56109
section, may be appealed by the entity in accordance with section	56110
119.12 of the Revised Code.	56111

(E) The department shall adopt procedures for use by a	56112
community school governing authority and sponsor when the school	56113
permanently closes and ceases operation, which shall include at	56114
least procedures for data reporting to the department, handling of	56115
student records, distribution of assets in accordance with section	56116
3314.074 of the Revised Code, and other matters related to ceasing	56117
operation of the school.	56118

(F) In carrying out its duties under this chapter, the	56119
department shall not impose requirements on community schools or	56120
their sponsors that are not permitted by law or duly adopted	56121
rules.	56122

Sec. 3314.016. (A) After June 30, 2007, a new start-up	56123
school may be established under this chapter only if the school's	56124
governing authority enters into a contract with an operator that	56125
manages other schools in the United States that perform at a level	56126
higher than academic watch. The governing authority of the	56127
community school may sign a contract with an operator only if the	56128
operator has fewer contracts with the governing authorities of new	56129
start-up schools established under this chapter after June 30,	56130
2007, than the number of schools managed by the operator in the	56131
United States that perform at a level higher than academic watch,	56132
as determined by the department of education. However, the	56133
governing authority shall not contract with an operator that	56134
currently manages any community schools in Ohio for which the	56135
department issues annual report cards under section 3314.012 of	56136
the Revised Code, unless the latest report card issued for at	56137
least one of those schools designates a performance rating under	56138
section 3302.03 of the Revised Code of in need of continuous	56139
improvement or higher.	56140

(B) Notwithstanding division (A) of this section, the	56141
governing authority of a start-up school sponsored by an entity	56142
described in divisions (C)(1)(b) to (f) of section 3314.02 of the	56143
Revised Code may establish one additional school serving the same	56144
grade levels and providing the same educational program as the	56145
current start-up school and may open that additional school in the	56146
2007-2008 school year, if both of the following conditions are	56147
met:	56148

(1) The governing authority entered into another contract	56149
with the same sponsor or a different sponsor described in	56150
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code	56151
and filed a copy of that contract with the superintendent of	56152
public instruction prior to March 15, 2006.	56153

(2) The governing authority's current school satisfies all of	56154
the following conditions:	56155

(a) The school currently is rated as excellent or effective	56156
pursuant to section 3302.03 of the Revised Code.	56157

(b) The school made adequate yearly progress, as defined in	56158
section 3302.01 of the Revised Code, for the previous school year.	56159

(c) The school has been in operation for at least four school	56160
years.	56161

(d) The school is not managed by an operator.

56162

(C) Notwithstanding division (A) of this section, the	56163
governing authority of a start-up school sponsored by the big	56164
eight school district in which the school is located may establish	56165
one additional start-up school that is located in the same school	56166
district and that provides a general educational program to	56167
students in any or all of grades kindergarten through five to	56168
facilitate their transition to the current start-up school, and	56169
may open the additional start-up school in the 2009-2010 school	56170
year, if both of the following conditions are met:	56171

(1) The governing authority enters into another contract with	56172
the same sponsor and files a copy of the contract with the	56173
superintendent of public instruction prior to March 15, 2009.	56174

(2) The governing authority's current school satisfies all of	56175
the following conditions:	56176

(a) The school provided instruction to students for eleven	56177
months in the previous school year.	56178

(b) The school has been in operation for at least two school	56179
years.	56180

(c) The school qualified to be rated in need of continuous	56181
improvement or higher pursuant to section 3302.03 of the Revised	56182
Code for its first school year of operation, even though the	56183
department of education did not issue a report card for the	56184
school for that school year.	56185

Sec. 3314.02. (A) As used in this chapter:

56186

(1) "Sponsor" means an entity listed in division (C)(1) of	56187
this section, which has been approved by the department of	56188
education to sponsor community schools and with which the	56189
governing authority of the proposed community school enters into a	56190
contract pursuant to this section.	56191

(2) "Pilot project area" means the school districts included	56192
in the territory of the former community school pilot project	56193
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	56194
the 122nd general assembly.	56195

(3) "Challenged school district" means any of the following:

56196

(a) A school district that is part of the pilot project area;

56197

(b) A school district that is either in a state of academic	56198
emergency or in a state of academic watch under section 3302.03 of	56199
the Revised Code;	56200

56201

(4) "Big eight school district" means a school district that	56202
for fiscal year 1997 had both of the following:	56203

(a) A percentage of children residing in the district and	56204
participating in the predecessor of Ohio works first greater than	56205
thirty per cent, as reported pursuant to section 3317.10 of the	56206
Revised Code;	56207

(b) An average daily membership greater than twelve thousand,	56208
as reported pursuant to former division (A) of section 3317.03 of	56209
the Revised Code.	56210

(5) "New start-up school" means a community school other than	56211
one created by converting all or part of an existing public school	56212
or educational service center building, as designated in the	56213
school's contract pursuant to division (A)(17) of section 3314.03	56214
of the Revised Code.	56215

(6) "Urban school district" means one of the state's	56216
twenty-one urban school districts as defined in division (O) of	56217
section 3317.02 of the Revised Code as that section existed prior	56218
to July 1, 1998.	56219

(7) "Internet- or computer-based community school" means a	56220
community school established under this chapter in which the	56221
enrolled students work primarily from their residences on	56222
assignments in nonclassroom-based learning opportunities provided	56223
via an internet- or other computer-based instructional method that	56224
does not rely on regular classroom instruction or via	56225
comprehensive instructional methods that include internet-based,	56226
other computer-based, and noncomputer-based learning	56227
opportunities.	56228

(B) Any person or group of individuals may initially propose	56229
under this division the conversion of all or a portion of a public	56230
school or a building operated by an educational service center to	56231
a community school. The proposal shall be made to the board of	56232
education of the city, local, or exempted village, or joint	56233
vocational school district in which the public school is proposed	56234
to be converted or, in the case of the conversion of a building	56235
operated by an educational service center, to the governing board	56236
of the service center. Upon receipt of a proposal, a board may	56237
enter into a preliminary agreement with the person or group	56238
proposing the conversion of the public school or service center	56239
building, indicating the intention of the board to support the	56240
conversion to a community school. A proposing person or group	56241
that has a preliminary agreement under this division may proceed	56242
to finalize plans for the school, establish a governing authority	56243
for the school, and negotiate a contract with the board. Provided	56244
the proposing person or group adheres to the preliminary	56245
agreement and all provisions of this chapter, the board shall	56246
negotiate in good faith to enter into a contract in accordance	56247
with section 3314.03 of the Revised Code and division (C) of	56248
this section.	56249

(C)(1) Any person or group of individuals may propose under	56250
this division the establishment of a new start-up school to be	56251
located in a challenged school district. The proposal may be made	56252
to any of the following entities:	56253

(a) The board of education of the district in which the	56254
school is proposed to be located;	56255

(b) The board of education of any joint vocational school	56256
district with territory in the county in which is located the	56257
majority of the territory of the district in which the school is	56258
proposed to be located;	56259

(c) The board of education of any other city, local, or	56260
exempted village school district having territory in the same	56261
county where the district in which the school is proposed to be	56262
located has the major portion of its territory;	56263

(d) The governing board of any educational service center, as	56264
long as the proposed school will be located in a county within the	56265
territory of the service center or in a county contiguous to such	56266
county;	56267

(e) A sponsoring authority designated by the board of	56268
trustees of any of the thirteen state universities listed in	56269
section 3345.011 of the Revised Code or the board of trustees	56270
itself as long as a mission of the proposed school to be specified	56271
in the contract under division (A)(2) of section 3314.03 of the	56272
Revised Code and as approved by the department of education under	56273
division (B)(2) of section 3314.015 of the Revised Code will be	56274
the practical demonstration of teaching methods, educational	56275
technology, or other teaching practices that are included in the	56276
curriculum of the university's teacher preparation program	56277
approved by the state board of education;	56278

(f) Any qualified tax-exempt entity under section 501(c)(3)	56279
of the Internal Revenue Code as long as all of the following	56280
conditions are satisfied:	56281

(i) The entity has been in operation for at least five years	56282
prior to applying to be a community school sponsor.	56283

(ii) The entity has assets of at least five hundred thousand	56284
dollars and a demonstrated record of financial responsibility.	56285

(iii) The department of education has determined that the	56286
entity is an education-oriented entity under division (B)(3) of	56287
section 3314.015 of the Revised Code and the entity has a	56288
demonstrated record of successful implementation of educational	56289
programs.	56290

(iv) The entity is not a community school.

56291

Any entity described in division (C)(1) of this section may	56292
enter into a preliminary agreement pursuant to division (C)(2) of	56293
this section with the proposing person or group.	56294

(2) A preliminary agreement indicates the intention of an	56295
entity described in division (C)(1) of this section to sponsor the	56296
community school. A proposing person or group that has such a	56297
preliminary agreement may proceed to finalize plans for the	56298
school, establish a governing authority as described in division	56299
(E) of this section for the school, and negotiate a contract with	56300
the entity. Provided the proposing person or group adheres to the	56301
preliminary agreement and all provisions of this chapter, the	56302
entity shall negotiate in good faith to enter into a contract in	56303
accordance with section 3314.03 of the Revised Code.	56304

(3) A new start-up school that is established in a school	56305
district while that district is either in a state of academic	56306
emergency or in a state of academic watch under section 3302.03 of	56307
the Revised Code may continue in existence once the school	56308
district is no longer in a state of academic emergency or academic	56309
watch, provided there is a valid contract between the school and a	56310
sponsor.	56311

(4) A copy of every preliminary agreement entered into under	56312
this division shall be filed with the superintendent of public	56313
instruction.	56314

(D) A majority vote of the board of a sponsoring entity and a	56315
majority vote of the members of the governing authority of a	56316
community school shall be required to adopt a contract and convert	56317
the public school or educational service center building to a	56318
community school or establish the new start-up school. Beginning	56319
September 29, 2005, adoption of the contract shall occur not	56320
later than the fifteenth day of March, and signing of the	56321
contract shall occur not later than the fifteenth day of May,	56322
prior to the school year in which the school will open. The	56323
governing authority shall notify the department of education when	56324
the contract has been signed. Subject to sections 3314.013,	56325
3314.014, 3314.016, and 3314.017 of the Revised Code, an	56326
unlimited number of community schools may be established in any	56327
school district provided that a contract is entered into for each	56328
community school pursuant to this chapter.	56329

(E)(1) As used in this division, "immediate relatives" are	56330
limited to spouses, children, parents, grandparents, siblings, and	56331
in-laws.	56332

Each new start-up community school established under this	56333
chapter shall be under the direction of a governing authority	56334
which shall consist of a board of not less than five individuals.	56335

No person shall serve on the governing authority or operate	56336
the community school under contract with the governing authority	56337
so long as the person owes the state any money or is in a dispute	56338
over whether the person owes the state any money concerning the	56339
operation of a community school that has closed.	56340

(2) No person shall serve on the governing authorities of	56341
more than two start-up community schools at the same time.	56342

(3) No present or former member, or immediate relative of a	56343
present or former member, of the governing authority of any	56344
community school established under this chapter shall be an owner,	56345
employee, or consultant of any nonprofit or for-profit operator of	56346
a community school, unless at least one year has elapsed since the	56347
conclusion of the person's membership.	56348

(F)(1) A new start-up school that is established prior to	56349
August 15, 2003, in an urban school district that is not also a	56350
big-eight school district may continue to operate after that date	56351
and the contract between the school's governing authority and the	56352
school's sponsor may be renewed, as provided under this chapter,	56353
after that date, but no additional new start-up schools may be	56354
established in such a district unless the district is a challenged	56355
school district as defined in this section as it exists on and	56356
after that date.	56357

(2) A community school that was established prior to June	56358
29, 1999, and is located in a county contiguous to the pilot	56359
project area and in a school district that is not a challenged	56360
school district may continue to operate after that date, provided	56361
the school complies with all provisions of this chapter. The	56362
contract between the school's governing authority and the	56363
school's sponsor may be renewed, but no additional start-up	56364
community school may be established in that district unless the	56365
district is a challenged school district.	56366

(3) Any educational service center that, on June 30, 2007,	56367
sponsors a community school that is not located in a county	56368
within the territory of the service center or in a county	56369
contiguous to such county may continue to sponsor that community	56370
school on and after June 30, 2007, and may renew its contract	56371
with the school. However, the educational service center shall	56372
not enter into a contract with any additional community school	56373
unless the school is located in a county within the territory of	56374
the service center or in a county contiguous to such county.	56375

Sec. 3314.021. (A) This section applies to any entity that	56376
is exempt from taxation under section 501(c)(3) of the Internal	56377
Revenue Code and that satisfies the conditions specified in	56378
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the	56379
Revised Code but does not satisfy the condition specified in	56380
division (C)(1)(f)(i) of that section.	56381

(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02	56382
of the Revised Code, an entity described in division (A) of this	56383
section may do both of the following without obtaining the	56384
department of education's initial approval of its sponsorship	56385
under ~~division~~divisions (A)(2) and (B)(1) of section 3314.015 of	56386
the Revised Code:	56387

(1) Succeed the board of trustees of a state university	56388
located in the pilot project area or that board's designee as the	56389
sponsor of a community school established under this chapter;	56390

(2) Continue to sponsor that school in conformance with the	56391
terms of the contract between the board of trustees or its	56392
designee and the governing authority of the community school and	56393
renew that contract as provided in division (E) of section 3314.03	56394
of the Revised Code.	56395

(C) The entity that succeeds the board of trustees or the	56396
board's designee as sponsor of a community school under division	56397
(B) of this section also may enter into contracts to sponsor	56398
other community schools located in any challenged school district,	56399
without obtaining the department's initial approval of its	56400
sponsorship of those schools under ~~division~~divisions (A)(2) and	56401
(B)(1) of section 3314.015 of the Revised Code, and not subject to	56402
the restriction of division (A)(7) of section 3314.013 of the	56403
Revised Code, as long as the contracts conform with and the entity	56404
complies with all other requirements of this chapter.	56405

(D) Regardless of the entity's authority to sponsor community	56406
schools without the initial approval of the department, the entity	56407
is under the continuing oversight of the department in accordance	56408
with rules adopted under section 3314.015 of the Revised Code.	56409

~~Sec. 6.~~ Sec. 3314.027. ~~The State Board of Education shall continue~~	56410
~~to sponsor any community school for which it has entered into a~~	56411
~~contract at the time of the effective date of this section until~~	56412
~~the earlier of the expiration of two school years or until a new~~	56413
~~sponsor, as described in division (C)(1) of section 3314.02 of the~~	56414
~~Revised Code, as amended by this act, is secured by the school's~~	56415
~~governing authority. The State Board shall not thereafter sponsor~~	56416
~~any community school except as provided in division (C) of section~~	56417
~~3314.015 of the Revised Code. The State Board may extend the term~~	56418
~~of any existing contract with a community school governing~~	56419
~~authority only as necessary to accommodate the term of the Board's~~	56420
~~authorization to sponsor the school as specified in this section.~~	56421

Notwithstanding the requirement for initial approval of	56422
sponsorship by the ~~Department~~department of ~~Education~~education	56423
prescribed in ~~division~~divisions (A)(2) and (B)(1) of section	56424
3314.015 of the Revised Code~~, as enacted by this act,~~ and any	56425
geographical restriction or mission requirement prescribed in	56426
division (C)(1) of section 3314.02 of the Revised Code~~, as amended~~	56427
~~by this act~~, an entity ~~other than the State Board of Education~~	56428
that has entered into a contract to sponsor a community school on	56429
~~the effective date of this section~~April 8, 2003, may continue to	56430
sponsor the school in conformance with the terms of that contract	56431
as long as the entity complies with all other sponsorship	56432
provisions of ~~Chapter 3314. of the Revised Code as amended by this~~	56433
~~act~~this chapter. Such an entity also may enter into new contracts	56434
to sponsor community schools after ~~the effective date of this~~	56435
~~section~~April 8, 2003, and need not be approved by the ~~Department~~	56436
~~of Education~~department for such sponsorship, as otherwise	56437
required under ~~division~~divisions (A)(2) and (B)(1) of section	56438
3314.015 of the Revised Code~~, as enacted by this act~~, as long as	56439
the contracts conform to and the entity complies with all other	56440
provisions of ~~Chapter 3314. of the Revised Code as amended by this~~	56441
~~act~~this chapter.	56442

Regardless of the entity's authority to sponsor community	56443
schools without the initial approval of the department, each	56444
entity described in this section is under the continuing oversight	56445
of the department in accordance with rules adopted under section	56446
3314.015 of the Revised Code.	56447

Sec. 3314.028. Notwithstanding any provision of this chapter	56448
to the contrary, beginning in the 2009-2010 school year, a	56449
community school that meets the following conditions may operate	56450
from the facility in which the school was located in the 2008-2009	56451
school year and shall not be required to locate to another school	56452
district:	56453

(A) The school was located in the facility for at least the	56454
three school years prior to the 2009-2010 school year.	56455

(B) The school's sponsor is a school district that is	56456
adjacent to the school district in which the school is located.	56457

(C) The school's education program emphasizes serving	56458
students identified as gifted under Chapter 3324. of the Revised	56459
Code.	56460

(D) The school has been rated in need of continuous	56461
improvement or higher under section 3302.03 of the Revised Code	56462
for the previous three school years.	56463

Sec. 3314.03. A copy of every contract entered into under	56464
this section shall be filed with the superintendent of public	56465
instruction.	56466

(A) Each contract entered into between a sponsor and the	56467
governing authority of a community school shall specify the	56468
following:	56469

(1) That the school shall be established as either of the	56470
following:	56471

(a) A nonprofit corporation established under Chapter 1702.	56472
of the Revised Code, if established prior to April 8, 2003;	56473

(b) A public benefit corporation established under Chapter	56474
1702. of the Revised Code, if established after April 8, 2003;	56475

(2) The education program of the school, including the	56476
school's mission, the characteristics of the students the school	56477
is expected to attract, the ages and grades of students, and the	56478
focus of the curriculum;	56479

(3) The academic goals to be achieved and the method of	56480
measurement that will be used to determine progress toward those	56481
goals, which shall include the statewide achievement ~~tests~~	56482
assessments;	56483

(4) Performance standards by which the success of the school	56484
will be evaluated by the sponsor;	56485

(5) The admission standards of section 3314.06 of the Revised	56486
Code and, if applicable, section 3314.061 of the Revised Code;	56487

(6)(a) Dismissal procedures;

56488

(b) A requirement that the governing authority adopt an	56489
attendance policy that includes a procedure for automatically	56490
withdrawing a student from the school if the student without a	56491
legitimate excuse fails to participate in one hundred five	56492
consecutive hours of the learning opportunities offered to the	56493
student.	56494

(7) The ways by which the school will achieve racial and	56495
ethnic balance reflective of the community it serves;	56496

(8) Requirements for financial audits by the auditor of	56497
state. The contract shall require financial records of the school	56498
to be maintained in the same manner as are financial records of	56499
school districts, pursuant to rules of the auditor of state~~, and~~	56500
~~the audits~~. Audits shall be conducted in accordance with section	56501
117.10 of the Revised Code.	56502

(9) The facilities to be used and their locations;

56503

(10) Qualifications of teachers, including a requirement that	56504
the school's classroom teachers be licensed in accordance with	56505
sections 3319.22 to 3319.31 of the Revised Code, except that a	56506
community school may engage noncertificated persons to teach up to	56507
twelve hours per week pursuant to section 3319.301 of the Revised	56508
Code;	56509

(11) That the school will comply with the following	56510
requirements:	56511

(a) The school will provide learning opportunities to a	56512
minimum of twenty-five students for a minimum of nine hundred	56513
twenty hours per school year.	56514

(b) The governing authority will purchase liability	56515
insurance, or otherwise provide for the potential liability of the	56516
school.	56517

(c) The school will be nonsectarian in its programs,	56518
admission policies, employment practices, and all other	56519
operations, and will not be operated by a sectarian school or	56520
religious institution.	56521

(d) The school will comply with sections 9.90, 9.91, 109.65,	56522
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	56523
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	56524
3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 3313.648,	56525
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	56526
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	56527
3313.718, 3313.719, 3313.80, 3313.86, 3313.96, 3319.073,	56528
3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13,	56529
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	56530
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365.,	56531
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if	56532
it were a school district and will comply with section 3301.0714	56533
of the Revised Code in the manner specified in section 3314.17	56534
of the Revised Code.	56535

(e) The school shall comply with Chapter 102. and section	56536
2921.42 of the Revised Code.	56537

(f) The school will comply with sections 3313.61, 3313.611,	56538
and 3313.614 of the Revised Code, except that for students who	56539
enter ninth grade for the first time before July 1, 2010, the	56540
requirement in sections 3313.61 and 3313.611 of the Revised Code	56541
that a person must successfully complete the curriculum in any	56542
high school prior to receiving a high school diploma may be met by	56543
completing the curriculum adopted by the governing authority of	56544
the community school rather than the curriculum specified in Title	56545
XXXIII of the Revised Code or any rules of the state board of	56546
education. Beginning with students who enter ninth grade for the	56547
first time on or after July 1, 2010, the requirement in sections	56548
3313.61 and 3313.611 of the Revised Code that a person must	56549
successfully complete the curriculum of a high school prior to	56550
receiving a high school diploma shall be met by completing the	56551
Ohio core curriculum prescribed in division (C) of section	56552
3313.603 of the Revised Code, unless the person qualifies under	56553
division (D) or (F) of that section. Each school shall comply with	56554
the plan for awarding high school credit based on demonstration of	56555
subject area competency, adopted by the state board of education	56556
under division (J) of section 3313.603 of the Revised Code.	56557

(g) The school governing authority will submit within four	56558
months after the end of each school year a report of its	56559
activities and progress in meeting the goals and standards of	56560
divisions (A)(3) and (4) of this section and its financial status	56561
to the sponsor and the parents of all students enrolled in the	56562
school.	56563

(h) The school, unless it is an internet- or computer-based	56564
community school, will comply with section 3313.801 of the Revised	56565
Code as if it were a school district.	56566

(12) Arrangements for providing health and other benefits to	56567
employees;	56568

(13) The length of the contract, which shall begin at the	56569
beginning of an academic year. No contract shall exceed five years	56570
unless such contract has been renewed pursuant to division (E) of	56571
this section.	56572

(14) The governing authority of the school, which shall be	56573
responsible for carrying out the provisions of the contract;	56574

(15) A financial plan detailing an estimated school budget	56575
for each year of the period of the contract and specifying the	56576
total estimated per pupil expenditure amount for each such year.	56577
The plan shall specify for each year the base formula amount that	56578
will be used for purposes of funding calculations under section	56579
3314.08 of the Revised Code. This base formula amount for any year	56580
shall not exceed the formula amount defined under section 3317.02	56581
of the Revised Code. The plan may also specify for any year a	56582
percentage figure to be used for reducing the per pupil amount of	56583
the subsidy calculated pursuant to section 3317.029 of the Revised	56584
Code the school is to receive that year under section 3314.08 of	56585
the Revised Code.	56586

(16) Requirements and procedures regarding the disposition of	56587
employees of the school in the event the contract is terminated or	56588
not renewed pursuant to section 3314.07 of the Revised Code;	56589

(17) Whether the school is to be created by converting all or	56590
part of an existing public school or educational service center	56591
building or is to be a new start-up school, and if it is a	56592
converted public school or service center building, specification	56593
of any duties or responsibilities of an employer that the board of	56594
education or service center governing board that operated the	56595
school or building before conversion is delegating to the	56596
governing authority of the community school with respect to all	56597
or any specified group of employees provided the delegation is	56598
not prohibited by a collective bargaining agreement applicable to	56599
such employees;	56600

(18) Provisions establishing procedures for resolving	56601
disputes or differences of opinion between the sponsor and the	56602
governing authority of the community school;	56603

(19) A provision requiring the governing authority to adopt a	56604
policy regarding the admission of students who reside outside the	56605
district in which the school is located. That policy shall comply	56606
with the admissions procedures specified in sections 3314.06 and	56607
3314.061 of the Revised Code and, at the sole discretion of the	56608
authority, shall do one of the following:	56609

(a) Prohibit the enrollment of students who reside outside	56610
the district in which the school is located;	56611

(b) Permit the enrollment of students who reside in districts	56612
adjacent to the district in which the school is located;	56613

(c) Permit the enrollment of students who reside in any other	56614
district in the state.	56615

(20) A provision recognizing the authority of the department	56616
of education to take over the sponsorship of the school in	56617
accordance with the provisions of division (C) of section 3314.015	56618
of the Revised Code;	56619

(21) A provision recognizing the sponsor's authority to	56620
assume the operation of a school under the conditions specified in	56621
division (B) of section 3314.073 of the Revised Code;	56622

(22) A provision recognizing both of the following:

56623

(a) The authority of public health and safety officials to	56624
inspect the facilities of the school and to order the facilities	56625
closed if those officials find that the facilities are not in	56626
compliance with health and safety laws and regulations;	56627

(b) The authority of the department of education as the	56628
community school oversight body to suspend the operation of the	56629
school under section 3314.072 of the Revised Code if the	56630
department has evidence of conditions or violations of law at the	56631
school that pose an imminent danger to the health and safety of	56632
the school's students and employees and the sponsor refuses to	56633
take such action;	56634

(23) A description of the learning opportunities that will be	56635
offered to students including both classroom-based and	56636
non-classroom-based learning opportunities that is in compliance	56637
with criteria for student participation established by the	56638
department under division (L)(2) of section 3314.08 of the	56639
Revised Code;	56640

(24) The school will comply with sections 3302.04 and	56641
3302.041 of the Revised Code, except that any action required to	56642
be taken by a school district pursuant to those sections shall	56643
be taken by the sponsor of the school. However, the sponsor	56644
shall not be required to take any action described in division	56645
(F) of section 3302.04 of the Revised Code.	56646

(25) Beginning in the 2006-2007 school year, the school will	56647
open for operation not later than the thirtieth day of September	56648
each school year, unless the mission of the school as specified	56649
under division (A)(2) of this section is solely to serve dropouts.	56650
In its initial year of operation, if the school fails to open by	56651
the thirtieth day of September, or within one year after the	56652
adoption of the contract pursuant to division (D) of section	56653
3314.02 of the Revised Code if the mission of the school is solely	56654
to serve dropouts, the contract shall be void.	56655

(B) The community school shall also submit to the sponsor a	56656
comprehensive plan for the school. The plan shall specify the	56657
following:	56658

(1) The process by which the governing authority of the	56659
school will be selected in the future;	56660

(2) The management and administration of the school;

56661

(3) If the community school is a currently existing public	56662
school or educational service center building, alternative	56663
arrangements for current public school students who choose not to	56664
attend the converted school and for teachers who choose not to	56665
teach in the school or building after conversion;	56666

(4) The instructional program and educational philosophy of	56667
the school;	56668

(5) Internal financial controls.

56669

(C) A contract entered into under section 3314.02 of the	56670
Revised Code between a sponsor and the governing authority of a	56671
community school may provide for the community school governing	56672
authority to make payments to the sponsor, which is hereby	56673
authorized to receive such payments as set forth in the contract	56674
between the governing authority and the sponsor. The total amount	56675
of such payments for oversight and monitoring of the school shall	56676
not exceed three per cent of the total amount of payments for	56677
operating expenses that the school receives from the state.	56678

(D) The contract shall specify the duties of the sponsor	56679
which shall be in accordance with the written agreement entered	56680
into with the department of education under division (B) of	56681
section 3314.015 of the Revised Code and shall include the	56682
following:	56683

(1) Monitor the community school's compliance with all laws	56684
applicable to the school and with the terms of the contract;	56685

(2) Monitor and evaluate the academic and fiscal performance	56686
and the organization and operation of the community school on at	56687
least an annual basis;	56688

(3) Report on an annual basis the results of the evaluation	56689
conducted under division (D)(2) of this section to the department	56690
of education and to the parents of students enrolled in the	56691
community school;	56692

(4) Provide technical assistance to the community school in	56693
complying with laws applicable to the school and terms of the	56694
contract;	56695

(5) Take steps to intervene in the school's operation to	56696
correct problems in the school's overall performance, declare the	56697
school to be on probationary status pursuant to section 3314.073	56698
of the Revised Code, suspend the operation of the school pursuant	56699
to section 3314.072 of the Revised Code, or terminate the contract	56700
of the school pursuant to section 3314.07 of the Revised Code as	56701
determined necessary by the sponsor;	56702

(6) Have in place a plan of action to be undertaken in the	56703
event the community school experiences financial difficulties or	56704
closes prior to the end of a school year.	56705

(E) Upon the expiration of a contract entered into under this	56706
section, the sponsor of a community school may, with the approval	56707
of the governing authority of the school, renew that contract for	56708
a period of time determined by the sponsor, but not ending earlier	56709
than the end of any school year, if the sponsor finds that the	56710
school's compliance with applicable laws and terms of the contract	56711
and the school's progress in meeting the academic goals prescribed	56712
in the contract have been satisfactory. Any contract that is	56713
renewed under this division remains subject to the provisions of	56714
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	56715

(F) If a community school fails to open for operation within	56716
one year after the contract entered into under this section is	56717
adopted pursuant to division (D) of section 3314.02 of the Revised	56718
Code or permanently closes prior to the expiration of the	56719
contract, the contract shall be void and the school shall not	56720
enter into a contract with any other sponsor. A school shall not	56721
be considered permanently closed because the operations of the	56722
school have been suspended pursuant to section 3314.072 of the	56723
Revised Code. Any contract that becomes void under this division	56724
shall not count toward any statewide limit on the number of such	56725
contracts prescribed by section 3314.013 of the Revised Code.	56726

Sec. 3314.08. ~~(A)~~The deductions under division (C) and	56727
the payments under division (D) of this section for fiscal years	56728
2010 and 2011 shall be made in accordance with section 3314.088	56729
of the Revised Code.	56730

(A) As used in this section:

56731

(1) "Base formula amount" means the amount specified as such	56732
in a community school's financial plan for a school year pursuant	56733
to division (A)(15) of section 3314.03 of the Revised Code.	56734

(2) "IEP" has the same meaning as in section 3323.01 of the	56735
Revised Code.	56736

(3) "Applicable special education weight" means the multiple	56737
specified in section 3317.013 of the Revised Code for a	56738
disability described in that section.	56739

(4) "Applicable vocational education weight" means:

56740

(a) For a student enrolled in vocational education programs	56741
or classes described in division (A) of section 3317.014 of the	56742
Revised Code, the multiple specified in that division;	56743

(b) For a student enrolled in vocational education programs	56744
or classes described in division (B) of section 3317.014 of the	56745
Revised Code, the multiple specified in that division.	56746

(5) "Entitled to attend school" means entitled to attend	56747
school in a district under section 3313.64 or 3313.65 of the	56748
Revised Code.	56749

(6) A community school student is "included in the poverty	56750
student count" of a school district if the student is entitled to	56751
attend school in the district and the student's family receives	56752
assistance under the Ohio works first program.	56753

(7) "Poverty-based assistance reduction factor" means the	56754
percentage figure, if any, for reducing the per pupil amount of	56755
poverty-based assistance a community school is entitled to receive	56756
pursuant to divisions (D)(5) to (9) of this section in any year,	56757
as specified in the school's financial plan for the year pursuant	56758
to division (A)(15) of section 3314.03 of the Revised Code.	56759

(8) "All-day kindergarten" has the same meaning as in section	56760
3317.029 of the Revised Code.	56761

(9) "State education aid" has the same meaning as in section	56762
5751.20 of the Revised Code.	56763

(B) The state board of education shall adopt rules requiring	56764
both of the following:	56765

(1) The board of education of each city, exempted village,	56766
and local school district to annually report the number of	56767
students entitled to attend school in the district who are	56768
enrolled in grades one through twelve in a community school	56769
established under this chapter, the number of students entitled to	56770
attend school in the district who are enrolled in kindergarten in	56771
a community school, the number of those kindergartners who are	56772
enrolled in all-day kindergarten in their community school, and	56773
for each child, the community school in which the child is	56774
enrolled.	56775

(2) The governing authority of each community school	56776
established under this chapter to annually report all of the	56777
following:	56778

(a) The number of students enrolled in grades one through	56779
twelve and the number of students enrolled in kindergarten in the	56780
school who are not receiving special education and related	56781
services pursuant to an IEP;	56782

(b) The number of enrolled students in grades one through	56783
twelve and the number of enrolled students in kindergarten, who	56784
are receiving special education and related services pursuant to	56785
an IEP;	56786

(c) The number of students reported under division (B)(2)(b)	56787
of this section receiving special education and related services	56788
pursuant to an IEP for a disability described in each of	56789
divisions (A) to (F) of section 3317.013 of the Revised Code;	56790

(d) The full-time equivalent number of students reported	56791
under divisions (B)(2)(a) and (b) of this section who are enrolled	56792
in vocational education programs or classes described in each of	56793
divisions (A) and (B) of section 3317.014 of the Revised Code that	56794
are provided by the community school;	56795

(e) Twenty per cent of the number of students reported under	56796
divisions (B)(2)(a) and (b) of this section who are not reported	56797
under division (B)(2)(d) of this section but who are enrolled in	56798
vocational education programs or classes described in each of	56799
divisions (A) and (B) of section 3317.014 of the Revised Code at a	56800
joint vocational school district under a contract between the	56801
community school and the joint vocational school district and are	56802
entitled to attend school in a city, local, or exempted village	56803
school district whose territory is part of the territory of the	56804
joint vocational district;	56805

(f) The number of enrolled preschool children with	56806
disabilities receiving special education services in a	56807
state-funded unit;	56808

(g) The community school's base formula amount;

56809

(h) For each student, the city, exempted village, or local	56810
school district in which the student is entitled to attend school;	56811

(i) Any poverty-based assistance reduction factor that	56812
applies to a school year.	56813

(C) From the state education aid calculated for a city,	56814
exempted village, or local school district and, if necessary,	56815
from the payment made to the district under sections 321.24 and	56816
323.156 of the Revised Code, the department of education shall	56817
annually subtract the sum of the amounts described in divisions	56818
(C)(1) to (9) of this section. However, when deducting payments	56819
on behalf of students enrolled in internet- or computer-based	56820
community schools, the department shall deduct only those amounts	56821
described in divisions (C)(1) and (2) of this section.	56822
Furthermore, the aggregate amount deducted under this division	56823
shall not exceed the sum of the district's state education aid	56824
and its payment under sections 321.24 and 323.156 of the Revised	56825
Code.	56826

(1) An amount equal to the sum of the amounts obtained when,	56827
for each community school where the district's students are	56828
enrolled, the number of the district's students reported under	56829
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	56830
in grades one through twelve, and one-half the number of students	56831
reported under those divisions who are enrolled in kindergarten,	56832
in that community school is multiplied by the sum of the base	56833
formula amount of that community school plus the per pupil	56834
amount of the base funding supplements specified in divisions	56835
(C)(1) to (4) of section 3317.012 of the Revised Code.	56836

(2) The sum of the amounts calculated under divisions	56837
(C)(2)(a) and (b) of this section:	56838

(a) For each of the district's students reported under	56839
division (B)(2)(c) of this section as enrolled in a community	56840
school in grades one through twelve and receiving special	56841
education and related services pursuant to an IEP for a	56842
disability described in section 3317.013 of the Revised Code, the	56843
product of the applicable special education weight times the	56844
community school's base formula amount;	56845

(b) For each of the district's students reported under	56846
division (B)(2)(c) of this section as enrolled in kindergarten in	56847
a community school and receiving special education and related	56848
services pursuant to an IEP for a disability described in section	56849
3317.013 of the Revised Code, one-half of the amount calculated	56850
as prescribed in division (C)(2)(a) of this section.	56851

(3) For each of the district's students reported under	56852
division (B)(2)(d) of this section for whom payment is made under	56853
division (D)(4) of this section, the amount of that payment;	56854

(4) An amount equal to the sum of the amounts obtained when,	56855
for each community school where the district's students are	56856
enrolled, the number of the district's students enrolled in that	56857
community school who are included in the district's poverty	56858
student count is multiplied by the per pupil amount of	56859
poverty-based assistance the school district receives that year	56860
pursuant to division (C) of section 3317.029 of the Revised Code,	56861
as adjusted by any poverty-based assistance reduction factor of	56862
that community school. The per pupil amount of that aid for the	56863
district shall be calculated by the department.	56864

(5) An amount equal to the sum of the amounts obtained when,	56865
for each community school where the district's students are	56866
enrolled, the district's per pupil amount of aid received under	56867
division (E) of section 3317.029 of the Revised Code, as adjusted	56868
by any poverty-based assistance reduction factor of the community	56869
school, is multiplied by the sum of the following:	56870

(a) The number of the district's students reported under	56871
division (B)(2)(a) of this section who are enrolled in grades one	56872
to three in that community school and who are not receiving	56873
special education and related services pursuant to an IEP;	56874

(b) One-half of the district's students who are enrolled in	56875
all-day or any other kindergarten class in that community school	56876
and who are not receiving special education and related services	56877
pursuant to an IEP;	56878

(c) One-half of the district's students who are enrolled in	56879
all-day kindergarten in that community school and who are not	56880
receiving special education and related services pursuant to an	56881
IEP.	56882

The district's per pupil amount of aid under division (E) of	56883
section 3317.029 of the Revised Code is the quotient of the amount	56884
the district received under that division divided by the	56885
district's kindergarten through third grade ADM, as defined in	56886
that section.	56887

(6) An amount equal to the sum of the amounts obtained when,	56888
for each community school where the district's students are	56889
enrolled, the district's per pupil amount received under division	56890
(F) of section 3317.029 of the Revised Code, as adjusted by any	56891
poverty-based assistance reduction factor of that community	56892
school, is multiplied by the number of the district's students	56893
enrolled in the community school who are identified as	56894
limited-English proficient.	56895

(7) An amount equal to the sum of the amounts obtained when,	56896
for each community school where the district's students are	56897
enrolled, the district's per pupil amount received under division	56898
(G) of section 3317.029 of the Revised Code, as adjusted by any	56899
poverty-based assistance reduction factor of that community	56900
school, is multiplied by the sum of the following:	56901

(a) The number of the district's students enrolled in grades	56902
one through twelve in that community school;	56903

(b) One-half of the number of the district's students	56904
enrolled in kindergarten in that community school.	56905

The district's per pupil amount under division (G) of section	56906
3317.029 of the Revised Code is the district's amount per teacher	56907
calculated under division (G)(1) or (2) of that section divided by	56908
17.	56909

(8) An amount equal to the sum of the amounts obtained when,	56910
for each community school where the district's students are	56911
enrolled, the district's per pupil amount received under divisions	56912
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	56913
by any poverty-based assistance reduction factor of that community	56914
school, is multiplied by the sum of the following:	56915

(a) The number of the district's students enrolled in grades	56916
one through twelve in that community school;	56917

(b) One-half of the number of the district's students	56918
enrolled in kindergarten in that community school.	56919

The district's per pupil amount under divisions (H) and (I)	56920
of section 3317.029 of the Revised Code is the amount calculated	56921
under each division divided by the district's formula ADM, as	56922
defined in section 3317.02 of the Revised Code.	56923

(9) An amount equal to the per pupil state parity aid funding	56924
calculated for the school district under either division (C) or	56925
(D) of section 3317.0217 of the Revised Code multiplied by the sum	56926
of the number of students in grades one through twelve, and	56927
one-half of the number of students in kindergarten, who are	56928
entitled to attend school in the district and are enrolled in a	56929
community school as reported under division (B)(1) of this	56930
section.	56931

(D) The department shall annually pay to a community school	56932
established under this chapter the sum of the amounts described in	56933
divisions (D)(1) to (10) of this section. However, the department	56934
shall calculate and pay to each internet- or computer-based	56935
community school only the amounts described in divisions (D)(1) to	56936
(3) of this section. Furthermore, the sum of the payments to all	56937
community schools under divisions (D)(1), (2), and (4) to (10) of	56938
this section for the students entitled to attend school in any	56939
particular school district shall not exceed the sum of that	56940
district's state education aid and its payment under sections	56941
321.24 and 323.156 of the Revised Code. If the sum of the	56942
payments calculated under those divisions for the students	56943
entitled to attend school in a particular school district exceeds	56944
the sum of that district's state education aid and its payment	56945
under sections 321.24 and 323.156 of the Revised Code, the	56946
department shall calculate and apply a proration factor to the	56947
payments to all community schools under those divisions for the	56948
students entitled to attend school in that district.	56949

(1) Subject to section 3314.085 of the Revised Code, an	56950
amount equal to the sum of the amounts obtained when the number of	56951
students enrolled in grades one through twelve, plus one-half of	56952
the kindergarten students in the school, reported under divisions	56953
(B)(2)(a), (b), and (e) of this section who are not receiving	56954
special education and related services pursuant to an IEP for a	56955
disability described in section 3317.013 of the Revised Code is	56956
multiplied by the sum of the community school's base formula	56957
amount plus the per pupil amount of the base funding supplements	56958
specified in divisions (C)(1) to (4) of section 3317.012 of the	56959
Revised Code.	56960

(2) Prior to fiscal year 2007, the greater of the amount	56961
calculated under division (D)(2)(a) or (b) of this section, and in	56962
fiscal year 2007 and thereafter, the amount calculated under	56963
division (D)(2)(b) of this section:	56964

(a) The aggregate amount that the department paid to the	56965
community school in fiscal year 1999 for students receiving	56966
special education and related services pursuant to IEPs, excluding	56967
federal funds and state disadvantaged pupil impact aid funds;	56968

(b) The sum of the amounts calculated under divisions	56969
(D)(2)(b)(i) and (ii) of this section:	56970

(i) For each student reported under division (B)(2)(c) of	56971
this section as enrolled in the school in grades one through	56972
twelve and receiving special education and related services	56973
pursuant to an IEP for a disability described in section 3317.013	56974
of the Revised Code, the following amount:	56975

(the school's base formula amount plus	56976

the per pupil amount of the base funding supplements specified in	56977

divisions (C)(1) to (4) of section 3317.012 of the Revised Code)	56978

+ (the applicable special education weight X the	56979

community school's base formula amount);	56980

(ii) For each student reported under division (B)(2)(c) of	56981
this section as enrolled in kindergarten and receiving special	56982
education and related services pursuant to an IEP for a disability	56983
described in section 3317.013 of the Revised Code, one-half of	56984
the amount calculated under the formula prescribed in division	56985
(D)(2)(b)(i) of this section.	56986

(3) An amount received from federal funds to provide special	56987
education and related services to students in the community	56988
school, as determined by the superintendent of public instruction.	56989

(4) For each student reported under division (B)(2)(d) of	56990
this section as enrolled in vocational education programs or	56991
classes that are described in section 3317.014 of the Revised	56992
Code, are provided by the community school, and are comparable as	56993
determined by the superintendent of public instruction to school	56994
district vocational education programs and classes eligible for	56995
state weighted funding under section 3317.014 of the Revised Code,	56996
an amount equal to the applicable vocational education weight	56997
times the community school's base formula amount times the	56998
percentage of time the student spends in the vocational education	56999
programs or classes.	57000

(5) An amount equal to the sum of the amounts obtained when,	57001
for each school district where the community school's students are	57002
entitled to attend school, the number of that district's students	57003
enrolled in the community school who are included in the	57004
district's poverty student count is multiplied by the per pupil	57005
amount of poverty-based assistance that school district receives	57006
that year pursuant to division (C) of section 3317.029 of the	57007
Revised Code, as adjusted by any poverty-based assistance	57008
reduction factor of the community school. The per pupil amount of	57009
aid shall be determined as described in division (C)(4) of this	57010
section.	57011

(6) An amount equal to the sum of the amounts obtained when,	57012
for each school district where the community school's students are	57013
entitled to attend school, the district's per pupil amount of aid	57014
received under division (E) of section 3317.029 of the Revised	57015
Code, as adjusted by any poverty-based assistance reduction	57016
factor of the community school, is multiplied by the sum of the	57017
following:	57018

(a) The number of the district's students reported under	57019
division (B)(2)(a) of this section who are enrolled in grades one	57020
to three in that community school and who are not receiving	57021
special education and related services pursuant to an IEP;	57022

(b) One-half of the district's students who are enrolled in	57023
all-day or any other kindergarten class in that community school	57024
and who are not receiving special education and related services	57025
pursuant to an IEP;	57026

(c) One-half of the district's students who are enrolled in	57027
all-day kindergarten in that community school and who are not	57028
receiving special education and related services pursuant to an	57029
IEP.	57030

The district's per pupil amount of aid under division (E) of	57031
section 3317.029 of the Revised Code shall be determined as	57032
described in division (C)(5) of this section.	57033

(7) An amount equal to the sum of the amounts obtained when,	57034
for each school district where the community school's students are	57035
entitled to attend school, the number of that district's students	57036
enrolled in the community school who are identified as	57037
limited-English proficient is multiplied by the district's per	57038
pupil amount received under division (F) of section 3317.029 of	57039
the Revised Code, as adjusted by any poverty-based assistance	57040
reduction factor of the community school.	57041

(8) An amount equal to the sum of the amounts obtained when,	57042
for each school district where the community school's students are	57043
entitled to attend school, the district's per pupil amount	57044
received under division (G) of section 3317.029 of the Revised	57045
Code, as adjusted by any poverty-based assistance reduction factor	57046
of the community school, is multiplied by the sum of the	57047
following:	57048

(a) The number of the district's students enrolled in grades	57049
one through twelve in that community school;	57050

(b) One-half of the number of the district's students	57051
enrolled in kindergarten in that community school.	57052

The district's per pupil amount under division (G) of section	57053
3317.029 of the Revised Code shall be determined as described in	57054
division (C)(7) of this section.	57055

(9) An amount equal to the sum of the amounts obtained when,	57056
for each school district where the community school's students are	57057
entitled to attend school, the district's per pupil amount	57058
received under divisions (H) and (I) of section 3317.029 of the	57059
Revised Code, as adjusted by any poverty-based assistance	57060
reduction factor of the community school, is multiplied by the sum	57061
of the following:	57062

(a) The number of the district's students enrolled in grades	57063
one through twelve in that community school;	57064

(b) One-half of the number of the district's students	57065
enrolled in kindergarten in that community school.	57066

The district's per pupil amount under divisions (H) and (I)	57067
of section 3317.029 of the Revised Code shall be determined as	57068
described in division (C)(8) of this section.	57069

(10) An amount equal to the sum of the amounts obtained when,	57070
for each school district where the community school's students are	57071
entitled to attend school, the district's per pupil amount of	57072
state parity aid funding calculated under either division (C) or	57073
(D) of section 3317.0217 of the Revised Code is multiplied by the	57074
sum of the number of that district's students enrolled in grades	57075
one through twelve, and one-half of the number of that district's	57076
students enrolled in kindergarten, in the community school as	57077
reported under division (B)(2)(a) and (b) of this section.	57078

(E)(1) If a community school's costs for a fiscal year for a	57079
student receiving special education and related services pursuant	57080
to an IEP for a disability described in divisions (B) to (F) of	57081
section 3317.013 of the Revised Code exceed the threshold	57082
catastrophic cost for serving the student as specified in division	57083
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	57084
submit to the superintendent of public instruction documentation,	57085
as prescribed by the superintendent, of all its costs for that	57086
student. Upon submission of documentation for a student of the	57087
type and in the manner prescribed, the department shall pay to the	57088
community school an amount equal to the school's costs for the	57089
student in excess of the threshold catastrophic costs.	57090

(2) The community school shall only report under division	57091
(E)(1) of this section, and the department shall only pay for, the	57092
costs of educational expenses and the related services provided to	57093
the student in accordance with the student's individualized	57094
education program. Any legal fees, court costs, or other costs	57095
associated with any cause of action relating to the student may	57096
not be included in the amount.	57097

(F) A community school may apply to the department of	57098
education for preschool children with disabilities or gifted unit	57099
funding the school would receive if it were a school district.	57100
Upon request of its governing authority, a community school that	57101
received unit funding as a school district-operated school before	57102
it became a community school shall retain any units awarded to it	57103
as a school district-operated school provided the school	57104
continues to meet eligibility standards for the unit.	57105

A community school shall be considered a school district and	57106
its governing authority shall be considered a board of education	57107
for the purpose of applying to any state or federal agency for	57108
grants that a school district may receive under federal or state	57109
law or any appropriations act of the general assembly. The	57110
governing authority of a community school may apply to any private	57111
entity for additional funds.	57112

(G) A board of education sponsoring a community school may	57113
utilize local funds to make enhancement grants to the school or	57114
may agree, either as part of the contract or separately, to	57115
provide any specific services to the community school at no cost	57116
to the school.	57117

(H) A community school may not levy taxes or issue bonds	57118
secured by tax revenues.	57119

(I) No community school shall charge tuition for the	57120
enrollment of any student.	57121

(J)(1)(a) A community school may borrow money to pay any	57122
necessary and actual expenses of the school in anticipation of the	57123
receipt of any portion of the payments to be received by the	57124
school pursuant to division (D) of this section. The school may	57125
issue notes to evidence such borrowing. The proceeds of the notes	57126
shall be used only for the purposes for which the anticipated	57127
receipts may be lawfully expended by the school.	57128

(b) A school may also borrow money for a term not to exceed	57129
fifteen years for the purpose of acquiring facilities.	57130

(2) Except for any amount guaranteed under section 3318.50 of	57131
the Revised Code, the state is not liable for debt incurred by the	57132
governing authority of a community school.	57133

(K) For purposes of determining the number of students for	57134
which divisions (D)(5) and (6) of this section applies in any	57135
school year, a community school may submit to the department of	57136
job and family services, no later than the first day of March, a	57137
list of the students enrolled in the school. For each student on	57138
the list, the community school shall indicate the student's name,	57139
address, and date of birth and the school district where the	57140
student is entitled to attend school. Upon receipt of a list under	57141
this division, the department of job and family services shall	57142
determine, for each school district where one or more students on	57143
the list is entitled to attend school, the number of students	57144
residing in that school district who were included in the	57145
department's report under section 3317.10 of the Revised Code. The	57146
department shall make this determination on the basis of	57147
information readily available to it. Upon making this	57148
determination and no later than ninety days after submission of	57149
the list by the community school, the department shall report to	57150
the state department of education the number of students on the	57151
list who reside in each school district who were included in the	57152
department's report under section 3317.10 of the Revised Code. In	57153
complying with this division, the department of job and family	57154
services shall not report to the state department of education any	57155
personally identifiable information on any student.	57156

(L) The department of education shall adjust the amounts	57157
subtracted and paid under divisions (C) and (D) of this section to	57158
reflect any enrollment of students in community schools for less	57159
than the equivalent of a full school year. The state board of	57160
education within ninety days after April 8, 2003, shall adopt in	57161
accordance with Chapter 119. of the Revised Code rules governing	57162
the payments to community schools under this section and section	57163
3314.13 of the Revised Code including initial payments in a school	57164
year and adjustments and reductions made in subsequent periodic	57165
payments to community schools and corresponding deductions from	57166
school district accounts as provided under divisions (C) and (D)	57167
of this section and section 3314.13 of the Revised Code. For	57168
purposes of this section and section 3314.13 of the Revised Code:	57169

(1) A student shall be considered enrolled in the community	57170
school for any portion of the school year the student is	57171
participating at a college under Chapter 3365. of the Revised	57172
Code.	57173

(2) A student shall be considered to be enrolled in a	57174
community school during a school year for the period of time	57175
beginning on the later of the date on which the school both has	57176
received documentation of the student's enrollment from a parent	57177
and the student has commenced participation in learning	57178
opportunities as defined in the contract with the sponsor, or	57179
thirty days prior to the date on which the student is entered into	57180
the education management information system established under	57181
section 3301.0714 of the Revised Code. For purposes of applying	57182
this division and ~~division~~divisions (L)(3) and (4) of this	57183
section to a community school student, "learning opportunities"	57184
shall be defined in the contract, which shall describe both	57185
classroom-based and non-classroom-based learning opportunities	57186
and shall be in compliance with criteria and documentation	57187
requirements for student participation which shall be established	57188
by the department. Any student's instruction time in	57189
non-classroom-based learning opportunities shall be certified by	57190
an employee of the community school. A student's enrollment shall	57191
be considered to cease on the date on which any of the following	57192
occur:	57193

(a) The community school receives documentation from a parent	57194
terminating enrollment of the student.	57195

(b) The community school is provided documentation of a	57196
student's enrollment in another public or private school.	57197

(c) The community school ceases to offer learning	57198
opportunities to the student pursuant to the terms of the contract	57199
with the sponsor or the operation of any provision of this	57200
chapter.	57201

(3) The department shall determine each community school	57202
student's percentage of full-time equivalency based on the	57203
percentage of learning opportunities offered by the community	57204
school to that student, reported either as number of hours or	57205
number of days, is of the total learning opportunities offered	57206
by the community school to a student who attends for the school's	57207
entire school year. However, no internet- or computer-based	57208
community school shall be credited for any time a student spends	57209
participating in learning opportunities beyond ten hours within	57210
any period of twenty-four consecutive hours. Whether it reports	57211
hours or days of learning opportunities, each community school	57212
shall offer not less than nine hundred twenty hours of learning	57213
opportunities during the school year.	57214

(4) With respect to the calculation of full-time equivalency	57215
under division (L)(3) of this section, the department shall waive	57216
the number of hours or days of learning opportunities not offered	57217
to a student because the community school was closed during the	57218
school year due to disease epidemic, hazardous weather conditions,	57219
inoperability of school buses or other equipment necessary to the	57220
school's operation, damage to a school building, or other	57221
temporary circumstances due to utility failure rendering the	57222
school building unfit for school use, so long as the school was	57223
actually open for instruction with students in attendance during	57224
that school year for not less than the minimum number of hours	57225
required by this chapter. The department shall treat the school	57226
as if it were open for instruction with students in attendance	57227
during the hours or days waived under this division.	57228

(M) The department of education shall reduce the amounts paid	57229
under division (D) of this section to reflect payments made to	57230
colleges under division (B) of section 3365.07 of the Revised Code	57231
or through alternative funding agreements entered into under rules	57232
adopted under section 3365.12 of the Revised Code.	57233

(N)(1) No student shall be considered enrolled in any	57234
internet- or computer-based community school or, if applicable to	57235
the student, in any community school that is required to provide	57236
the student with a computer pursuant to division (C) of section	57237
3314.22 of the Revised Code, unless both of the following	57238
conditions are satisfied:	57239

(a) The student possesses or has been provided with all	57240
required hardware and software materials and all such materials	57241
are operational so that the student is capable of fully	57242
participating in the learning opportunities specified in the	57243
contract between the school and the school's sponsor as required	57244
by division (A)(23) of section 3314.03 of the Revised Code;	57245

(b) The school is in compliance with division (A) of section	57246
3314.22 of the Revised Code, relative to such student.	57247

(2) In accordance with policies adopted jointly by the	57248
superintendent of public instruction and the auditor of state, the	57249
department shall reduce the amounts otherwise payable under	57250
division (D) of this section to any community school that includes	57251
in its program the provision of computer hardware and software	57252
materials to any student, if such hardware and software materials	57253
have not been delivered, installed, and activated for each such	57254
student in a timely manner or other educational materials or	57255
services have not been provided according to the contract between	57256
the individual community school and its sponsor.	57257

The superintendent of public instruction and the auditor of	57258
state shall jointly establish a method for auditing any community	57259
school to which this division pertains to ensure compliance with	57260
this section.	57261

The superintendent, auditor of state, and the governor shall	57262
jointly make recommendations to the general assembly for	57263
legislative changes that may be required to assure fiscal and	57264
academic accountability for such schools.	57265

(O)(1) If the department determines that a review of a	57266
community school's enrollment is necessary, such review shall be	57267
completed and written notice of the findings shall be provided to	57268
the governing authority of the community school and its sponsor	57269
within ninety days of the end of the community school's fiscal	57270
year, unless extended for a period not to exceed thirty additional	57271
days for one of the following reasons:	57272

(a) The department and the community school mutually agree to	57273
the extension.	57274

(b) Delays in data submission caused by either a community	57275
school or its sponsor.	57276

(2) If the review results in a finding that additional	57277
funding is owed to the school, such payment shall be made within	57278
thirty days of the written notice. If the review results in a	57279
finding that the community school owes moneys to the state, the	57280
following procedure shall apply:	57281

(a) Within ten business days of the receipt of the notice of	57282
findings, the community school may appeal the department's	57283
determination to the state board of education or its designee.	57284

(b) The board or its designee shall conduct an informal	57285
hearing on the matter within thirty days of receipt of such an	57286
appeal and shall issue a decision within fifteen days of the	57287
conclusion of the hearing.	57288

(c) If the board has enlisted a designee to conduct the	57289
hearing, the designee shall certify its decision to the board. The	57290
board may accept the decision of the designee or may reject the	57291
decision of the designee and issue its own decision on the matter.	57292

(d) Any decision made by the board under this division is	57293
final.	57294

(3) If it is decided that the community school owes moneys to	57295
the state, the department shall deduct such amount from the	57296
school's future payments in accordance with guidelines issued by	57297
the superintendent of public instruction.	57298

~~(Q)~~(P) The department shall not subtract from a school	57299
district's state aid account under division (C) of this section	57300
and shall not pay to a community school under division (D) of this	57301
section any amount for any of the following:	57302

(1) Any student who has graduated from the twelfth grade of a	57303
public or nonpublic high school;	57304

(2) Any student who is not a resident of the state;

57305

(3) Any student who was enrolled in the community school	57306
during the previous school year when ~~tests~~assessments were	57307
administered under section 3301.0711 of the Revised Code but did	57308
not take one or more of the ~~tests~~assessments required by that	57309
section and was not excused pursuant to division (C)(1) or (3) of	57310
that section, unless the superintendent of public instruction	57311
grants the student a waiver from the requirement to take the ~~test~~	57312
assessment and a parent is not paying tuition for the student	57313
pursuant to section 3314.26 of the Revised Code. The	57314
superintendent may grant a waiver only for good cause in	57315
accordance with rules adopted by the state board of education.	57316

(4) Any student who has attained the age of twenty-two years,	57317
except for veterans of the armed services whose attendance was	57318
interrupted before completing the recognized twelve-year course of	57319
the public schools by reason of induction or enlistment in the	57320
armed forces and who apply for enrollment in a community school	57321
not later than four years after termination of war or their	57322
honorable discharge. If, however, any such veteran elects to	57323
enroll in special courses organized for veterans for whom tuition	57324
is paid under federal law, or otherwise, the department shall not	57325
subtract from a school district's state aid account under division	57326
(C) of this section and shall not pay to a community school under	57327
division (D) of this section any amount for that veteran.	57328

Sec. 3314.085. (A) In each fiscal year beginning in fiscal	57329
year 2007, each internet- or computer-based community school shall	57330
spend for pupil instruction at least the amount per pupil	57331
designated in division (B)(1) of section 3317.012 of the Revised	57332
Code as the amount for base classroom teachers. For this purpose,	57333
expenditures for pupil instruction include expenditures for	57334
teachers, curriculum, academic materials ~~other than~~, computers,	57335
software, and any other instructional purposes designated in the	57336
rules adopted under this section. Expenditures to provide the	57337
computer hardware and filtering software required by sections	57338
3314.21 and 3314.22 of the Revised Code ~~do not~~ qualify as pupil	57339
instruction for purposes of this section.	57340

(B) Beginning in fiscal year 2007, each internet- or	57341
computer-based community school annually shall report data to the	57342
department of education concerning its expenditures for pupil	57343
instruction. Each school shall report the data in the form and	57344
manner required by the department.	57345

(C) If the department determines, after offering the school	57346
an opportunity for a hearing in accordance with Chapter 119. of	57347
the Revised Code, that an internet- or computer-based community	57348
school has failed in any fiscal year to comply with division (A)	57349
or (B) of this section, the department shall assess a fine against	57350
the school equivalent to the greater of the following:	57351

(1) Five per cent of the total state payments to the school	57352
under this chapter for the fiscal year in which the failure	57353
occurred;	57354

(2) The difference between the amount the department	57355
determines the school was required to have spent for pupil	57356
instruction and the amount the department determines the school	57357
actually spent for pupil instruction.	57358

The department's methods of collecting the fine may include	57359
withholding state payments under this chapter in the current or	57360
subsequent fiscal year.	57361

The department may cancel a fine it has imposed under this	57362
section if the school submits a plan for coming into compliance	57363
with the requirements of this section that the department	57364
approves, and the school demonstrates to the department's	57365
satisfaction that it is implementing the plan.	57366

(D) The superintendent of public instruction shall adopt	57367
rules in accordance with Chapter 119. of the Revised Code	57368
specifying expenditures that qualify as expenditures for pupil	57369
instruction for purposes of this section.	57370

Sec. 3314.087. (A) As used in this section:

57371

(1) "Career-technical program" means vocational programs or	57372
classes described in division (A) or (B) of section 3317.014 of	57373
the Revised Code in which a student is enrolled.	57374

(2) "Formula ADM," "category one or two vocational education	57375
ADM," and "FTE basis" have the same meanings as in section 3317.02	57376
of the Revised Code.	57377

(3) "Resident school district" means the city, exempted	57378
village, or local school district in which a student is entitled	57379
to attend school under section 3313.64 or 3313.65 of the Revised	57380
Code.	57381

(B) Notwithstanding anything to the contrary in this chapter	57382
or Chapter 3306. or 3317. of the Revised Code, a student enrolled	57383
in a community school may simultaneously enroll in the	57384
career-technical program operated by the student's resident	57385
school district. On an FTE basis, the student's resident school	57386
district shall count the student in the category one or two	57387
vocational education ADM for the proportion of the time the	57388
student is enrolled in the district's career-technical program	57389
and, accordingly, the department of education shall calculate	57390
funds under ~~Chapter~~Chapters 3306. and 3317. for the district	57391
attributable to the student for the proportion of time the	57392
student attends the career-technical program. The community	57393
school shall count the student in its enrollment report under	57394
section 3314.08 of the Revised Code and shall report to the	57395
department the proportion of time that the student attends	57396
classes at the community school. The department shall pay the	57397
community school and deduct from the student's resident school	57398
district the amount computed for the student under section	57399
3314.08 of the Revised Code in proportion to the fraction of	57400
the time on an FTE basis that the student attends classes at	57401
the community school. "Full-time equivalency" for a community	57402
school student, as defined in division (L) of section 3314.08	57403
of the Revised Code, does not apply to the student.	57404

Sec. 3314.088. (A) For purposes of applying sections 3314.08	57405
and 3314.13 of the Revised Code to fiscal years 2010 and 2011:	57406

(1) The base formula amount for community schools for fiscal	57407
year 2010 is $5,718 and for fiscal year 2011 is $5,703. These	57408
respective amounts shall be applied wherein sections 3314.08 and	57409
3314.13 of the Revised Code the base formula amount is specified,	57410
except for deducting and paying amounts for special education	57411
weighted funding and vocational education weighted funding.	57412

(2) The base funding supplements under section 3317.012 of	57413
the Revised Code shall be deemed in each year to be the amounts	57414
specified in that section for fiscal year 2009.	57415

(3) Special education additional weighted funding shall be	57416
calculated by multiplying the applicable weight specified in	57417
section 3317.013 of the Revised Code for fiscal year 2009 times	57418
$5,732.	57419

(4) Vocational education additional weighted funding shall be	57420
calculated by multiplying the applicable weight specified in	57421
section 3317.014 of the Revised Code for fiscal year 2009 times	57422
$5,732.	57423

(5) The per pupil amounts paid to a school district under	57424
sections 3317.029 and 3317.0217 of the Revised Code shall be	57425
deemed to be the respective per pupil amounts paid under those	57426
sections to that district for fiscal year 2009.	57427

(6) A community school may receive all-day kindergarten	57428
payments under section 3314.13 of the Revised Code only for	57429
all-day kindergarten students who are entitled to attend school in	57430
school districts that, for fiscal year 2009, met the eligibility	57431
requirements of division (D) of section 3317.029 of the Revised	57432
Code. For students entitled to attend school in such school	57433
districts that actually received payment for all-day kindergarten	57434
for fiscal year 2009, the payments to community schools under	57435
section 3314.13 of the Revised Code shall be deducted from the	57436
school district's state education aid. For students entitled to	57437
attend school in such school districts that did not receive	57438
payment for all-day kindergarten for fiscal year 2009, the	57439
payments to community schools under section 3314.13 of the Revised	57440
Code shall be paid out of the funds appropriated under	57441
appropriation item 200550, foundation funding, as appropriated in	57442
section 265.10 of Am. Sub. H.B. 1 of the 128th General Assembly.	57443
As used in this division, "entitled to attend school" has the same	57444
meaning as in section 3314.08 of the Revised Code.	57445

(B) For purposes of applying section 3314.085 of the Revised	57446
Code to fiscal years 2010 and 2011, the minimum per pupil	57447
expenditure required for pupil instruction under that section is	57448
$2,931, which equals the minimum amount required by that section	57449
for fiscal year 2009.	57450

Sec. 3314.091. (A) A school district is not required to	57451
provide transportation for any native student enrolled in a	57452
community school if the district board of education has entered	57453
into an agreement with the community school's governing authority	57454
that designates the community school as responsible for providing	57455
or arranging for the transportation of the district's native	57456
students to and from the community school. For any such agreement	57457
to be effective, it must be certified by the superintendent of	57458
public instruction as having met all of the following	57459
requirements:	57460

(1) It is submitted to the department of education by a	57461
deadline which shall be established by the department.	57462

(2) In accordance with divisions (C)(1) and (2) of this	57463
section, it specifies qualifications, such as residing a minimum	57464
distance from the school, for students to have their	57465
transportation provided or arranged.	57466

(3) The transportation provided by the community school is	57467
subject to all provisions of the Revised Code and all rules	57468
adopted under the Revised Code pertaining to pupil transportation.	57469

(4) The sponsor of the community school also has signed the	57470
agreement.	57471

(B)(1) For the school year that begins on July 1, 2007, a	57472
school district is not required to provide transportation for any	57473
native student enrolled in a community school, if the community	57474
school during the previous school year transported the students	57475
enrolled in the school or arranged for the students'	57476
transportation, even if that arrangement consisted of having	57477
parents transport their children to and from the school, but did	57478
not enter into an agreement to transport or arrange for	57479
transportation for those students under division (A) of this	57480
section, and if the governing authority of the community school by	57481
July 15, 2007, submits written notification to the district board	57482
of education stating that the governing authority is accepting	57483
responsibility for providing or arranging for the transportation	57484
of the district's native students to and from the community	57485
school.	57486

(2) For any school year subsequent to the school year that	57487
begins on July 1, 2007, a school district is not required to	57488
provide transportation for any native student enrolled in a	57489
community school if the governing authority of the community	57490
school, by the thirty-first day of January of the previous school	57491
year, submits written notification to the district board of	57492
education stating that the governing authority is accepting	57493
responsibility for providing or arranging for the transportation	57494
of the district's native students to and from the community	57495
school. If the governing authority of the community school has	57496
previously accepted responsibility for providing or arranging for	57497
the transportation of a district's native students to and from the	57498
community school, under division (B)(1) or (2) of this section,	57499
and has since relinquished that responsibility under division	57500
(B)(3) of this section, the governing authority shall not accept	57501
that responsibility again unless the district board consents to	57502
the governing authority's acceptance of that responsibility.	57503

(3) A governing authority's acceptance of responsibility	57504
under division (B)(1) or (2) of this section shall cover an entire	57505
school year, and shall remain in effect for subsequent school	57506
years unless the governing authority submits written notification	57507
to the district board that the governing authority is	57508
relinquishing the responsibility. However, a governing authority	57509
shall not relinquish responsibility for transportation before the	57510
end of a school year, and shall submit the notice relinquishing	57511
responsibility by the thirty-first day of January, in order to	57512
allow the school district reasonable time to prepare	57513
transportation for its native students enrolled in the school.	57514

(C)(1) A community school governing authority that enters	57515
into an agreement under division (A) of this section, or that	57516
accepts responsibility under division (B) of this section, shall	57517
provide or arrange transportation free of any charge for each of	57518
its enrolled students who is required to be transported under	57519
section 3327.01 of the Revised Code or who would otherwise be	57520
transported by the school district under the district's	57521
transportation policy. The governing authority shall report to the	57522
department of education the number of students transported or for	57523
whom transportation is arranged under this section in accordance	57524
with rules adopted by the state board of education.	57525

(2) The governing authority may provide or arrange	57526
transportation for any other enrolled student who is not eligible	57527
for transportation in accordance with division (C)(1) of this	57528
section and may charge a fee for such service up to the actual	57529
cost of the service.	57530

(3) Notwithstanding anything to the contrary in division	57531
(C)(1) or (2) of this section, a community school governing	57532
authority shall provide or arrange transportation free of any	57533
charge for any disabled student enrolled in the school for whom	57534
the student's individualized education program developed under	57535
Chapter 3323. of the Revised Code specifies transportation.	57536

(D)(1) If a school district board and a community school	57537
governing authority elect to enter into an agreement under	57538
division (A) of this section, the department of education shall	57539
make payments to the community school according to the terms of	57540
the agreement for each student actually transported under	57541
division (C)(1) of this section.	57542

If a community school governing authority accepts	57543
transportation responsibility under division (B) of this section,	57544
the department shall make payments to the community school for	57545
each student actually transported or for whom transportation is	57546
arranged by the community school under division (C)(1) of this	57547
section, calculated as follows:	57548

(a) For any fiscal year which the general assembly has	57549
specified that transportation payments to school districts be	57550
based on an across-the-board percentage of the district's payment	57551
for the previous school year, the per pupil payment to the	57552
community school shall be the following quotient:	57553

(i) The total amount calculated for the school district in	57554
which the child is entitled to attend school for student	57555
transportation other than transportation of children with	57556
disabilities; divided by	57557

(ii) The number of students included in the district's	57558
transportation ADM for the current fiscal year, as reported under	57559
division (B)(13) of section 3317.03 of the Revised Code, plus the	57560
number of students enrolled in the community school not counted in	57561
the district's transportation ADM who are transported under	57562
division (B)(1) or (2) of this section.	57563

(b) For any fiscal year which the general assembly has	57564
specified that the transportation payments to school districts be	57565
calculated in accordance with ~~division (D) of~~ section ~~3317.022~~	57566
3306.12 of the Revised Code and any rules of the state board of	57567
education implementing that ~~division~~section, the payment to the	57568
community school shall be the amount so calculated that	57569
otherwise would be paid to the school district in which the	57570
student is entitled to attend school by the method of	57571
transportation the district would have used. The community	57572
school, however, is not required to use the same method to	57573
transport that student.	57574

As used in this division "entitled to attend school" means	57575
entitled to attend school under section 3313.64 or 3313.65 of the	57576
Revised Code.	57577

(2) The department shall deduct the payment under division	57578
(D)(1) of this section from the state education aid, as defined	57579
in section 3314.08 of the Revised Code, and, if necessary, the	57580
payment under sections 321.14 and 323.156 of the Revised Code,	57581
that is otherwise paid to the school district in which the	57582
student enrolled in the community school is entitled to attend	57583
school. The department shall include the number of the district's	57584
native students for whom payment is made to a community school	57585
under division (D)(1) of this section in the calculation of the	57586
district's transportation payment under ~~division (D) of~~ section	57587
~~3317.022~~3306.12 of the Revised Code and the operating	57588
appropriations act.	57589

(3) A community school shall be paid under division (D)(1)	57590
of this section only for students who are eligible as specified	57591
in section 3327.01 of the Revised Code and division (C)(1) of this	57592
section, and whose transportation to and from school is actually	57593
provided, who actually utilized transportation arranged, or for	57594
whom a payment in lieu of transportation is made by the community	57595
school's governing authority. To qualify for the payments, the	57596
community school shall report to the department, in the form and	57597
manner required by the department, data on the number of students	57598
transported or whose transportation is arranged, the number of	57599
miles traveled, cost to transport, and any other information	57600
requested by the department.	57601

(4) A community school shall use payments received under this	57602
section solely to pay the costs of providing or arranging for the	57603
transportation of students who are eligible as specified in	57604
section 3327.01 of the Revised Code and division (C)(1) of this	57605
section, which may include payments to a parent, guardian, or	57606
other person in charge of a child in lieu of transportation.	57607

(E) Except when arranged through payment to a parent,	57608
guardian, or person in charge of a child, transportation provided	57609
or arranged for by a community school pursuant to an agreement	57610
under this section is subject to all provisions of the Revised	57611
Code, and all rules adopted under the Revised Code, pertaining to	57612
the construction, design, equipment, and operation of school buses	57613
and other vehicles transporting students to and from school. The	57614
drivers and mechanics of the vehicles are subject to all	57615
provisions of the Revised Code, and all rules adopted under the	57616
Revised Code, pertaining to drivers and mechanics of such	57617
vehicles. The community school also shall comply with sections	57618
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B)	57619
of section 3327.16 of the Revised Code and, subject to division	57620
(C)(1) of this section, sections 3327.01 and 3327.02 of the	57621
Revised Code, as if it were a school district.	57622

Sec. 3314.10. (A)(1) The governing authority of any	57623
community school established under this chapter may employ	57624
teachers and nonteaching employees necessary to carry out its	57625
mission and fulfill its contract.	57626

(2) Except as provided under division (A)(3) of this section,	57627
employees hired under this section may organize and collectively	57628
bargain pursuant to Chapter 4117. of the Revised Code.	57629
Notwithstanding division (D)(1) of section 4117.06 of the Revised	57630
Code, a unit containing teaching and nonteaching employees	57631
employed under this section shall be considered an appropriate	57632
unit. As applicable, employment under this section is subject to	57633
either Chapter 3307. or 3309. of the Revised Code.	57634

(3) If a school is created by converting all or part of an	57635
existing public school rather than by establishment of a new	57636
start-up school, at the time of conversion, the employees of the	57637
community school shall remain part of any collective bargaining	57638
unit in which they were included immediately prior to the	57639
conversion and shall remain subject to any collective bargaining	57640
agreement for that unit in effect on the first day of July of the	57641
year in which the community school initially begins operation and	57642
shall be subject to any subsequent collective bargaining agreement	57643
for that unit, unless a petition is certified as sufficient under	57644
division (A)(6) of this section with regard to those employees.	57645
Any new employees of the community school shall also be included	57646
in the unit to which they would have been assigned had not the	57647
conversion taken place and shall be subject to the collective	57648
bargaining agreement for that unit unless a petition is certified	57649
as sufficient under division (A)(6) of this section with regard to	57650
those employees.	57651

Notwithstanding division (B) of section 4117.01 of the	57652
Revised Code, the board of education of a school district and not	57653
the governing authority of a community school shall be regarded,	57654
for purposes of Chapter 4117. of the Revised Code, as the "public	57655
employer" of the employees of a conversion community school	57656
subject to a collective bargaining agreement pursuant to division	57657
(A)(3) of this section unless a petition is certified under	57658
division (A)(6) of this section with regard to those employees.	57659
Only on and after the effective date of a petition certified as	57660
sufficient under division (A)(6) of this section shall division	57661
(A)(2) of this section apply to those employees of that community	57662
school and only on and after the effective date of that petition	57663
shall Chapter 4117. of the Revised Code apply to the governing	57664
authority of that community school with regard to those employees.	57665

(4) Notwithstanding sections 4117.03 to 4117.18 of the	57666
Revised Code and Section 4 of Amended Substitute Senate Bill No.	57667
133 of the 115th general assembly, the employees of a conversion	57668
community school who are subject to a collective bargaining	57669
agreement pursuant to division (A)(3) of this section shall cease	57670
to be subject to that agreement and all subsequent agreements	57671
pursuant to that division and shall cease to be part of the	57672
collective bargaining unit that is subject to that and all	57673
subsequent agreements, if a majority of the employees of that	57674
community school who are subject to that collective bargaining	57675
agreement sign and submit to the state employment relations board	57676
a petition requesting all of the following:	57677

(a) That all the employees of the community school who are	57678
subject to that agreement be removed from the bargaining unit that	57679
is subject to that agreement and be designated by the state	57680
employment relations board as a new and separate bargaining unit	57681
for purposes of Chapter 4117. of the Revised Code;	57682

(b) That the employee organization certified as the exclusive	57683
representative of the employees of the bargaining unit from which	57684
the employees are to be removed be certified as the exclusive	57685
representative of the new and separate bargaining unit for	57686
purposes of Chapter 4117. of the Revised Code;	57687

(c) That the governing authority of the community school be	57688
regarded as the "public employer" of these employees for purposes	57689
of Chapter 4117. of the Revised Code.	57690

(5) Notwithstanding sections 4117.03 to 4117.18 of the	57691
Revised Code and Section 4 of Amended Substitute Senate Bill No.	57692
133 of the 115th general assembly, the employees of a conversion	57693
community school who are subject to a collective bargaining	57694
agreement pursuant to division (A)(3) of this section shall cease	57695
to be subject to that agreement and all subsequent agreements	57696
pursuant to that division, shall cease to be part of the	57697
collective bargaining unit that is subject to that and all	57698
subsequent agreements, and shall cease to be represented by any	57699
exclusive representative of that collective bargaining unit, if a	57700
majority of the employees of the community school who are subject	57701
to that collective bargaining agreement sign and submit to the	57702
state employment relations board a petition requesting all of the	57703
following:	57704

(a) That all the employees of the community school who are	57705
subject to that agreement be removed from the bargaining unit that	57706
is subject to that agreement;	57707

(b) That any employee organization certified as the exclusive	57708
representative of the employees of that bargaining unit be	57709
decertified as the exclusive representative of the employees of	57710
the community school who are subject to that agreement;	57711

(c) That the governing authority of the community school be	57712
regarded as the "public employer" of these employees for purposes	57713
of Chapter 4117. of the Revised Code.	57714

(6) Upon receipt of a petition under division (A)(4) or (5)	57715
of this section, the state employment relations board shall check	57716
the sufficiency of the signatures on the petition. If the	57717
signatures are found sufficient, the board shall certify the	57718
sufficiency of the petition and so notify the parties involved,	57719
including the board of education, the governing authority of the	57720
community school, and any exclusive representative of the	57721
bargaining unit. The changes requested in a certified petition	57722
shall take effect on the first day of the month immediately	57723
following the date on which the sufficiency of the petition is	57724
certified under division (A)(6) of this section.	57725

(B)(1) The board of education of each city, local, and	57726
exempted village school district sponsoring a community school and	57727
the governing board of each educational service center in which a	57728
community school is located shall adopt a policy that provides a	57729
leave of absence of at least three years to each teacher or	57730
nonteaching employee of the district or service center who is	57731
employed by a conversion or new start-up community school	57732
sponsored by the district or located in the district or center for	57733
the period during which the teacher or employee is continuously	57734
employed by the community school. The policy shall also provide	57735
that any teacher or nonteaching employee may return to employment	57736
by the district or service center if the teacher or employee	57737
leaves or is discharged from employment with the community school	57738
for any reason, unless, in the case of a teacher, the board of the	57739
district or service center determines that the teacher was	57740
discharged for a reason for which the board would have sought to	57741
discharge the teacher under section 3319.16 of the Revised Code,	57742
in which case the board may proceed to discharge the teacher	57743
utilizing the procedures of that section. Upon termination of such	57744
a leave of absence, any seniority that is applicable to the person	57745
shall be calculated to include all of the following: all	57746
employment by the district or service center prior to the leave of	57747
absence; all employment by the community school during the leave	57748
of absence; and all employment by the district or service center	57749
after the leave of absence. The policy shall also provide that if	57750
any teacher holding valid certification returns to employment by	57751
the district or service center upon termination of such a leave of	57752
absence, the teacher shall be restored to the previous position	57753
and salary or to a position and salary similar thereto. If, as a	57754
result of teachers returning to employment upon termination of	57755
such leaves of absence, a school district or educational service	57756
center reduces the number of teachers it employs, it shall make	57757
such reductions in accordance with section 3319.17 or, if	57758
applicable, 3319.171 of the Revised Code.	57759

Unless a collective bargaining agreement providing otherwise	57760
is in effect for an employee of a conversion community school	57761
pursuant to division (A)(3) of this section, an employee on a	57762
leave of absence pursuant to this division shall remain eligible	57763
for any benefits that are in addition to benefits under Chapter	57764
3307. or 3309. of the Revised Code provided by the district or	57765
service center to its employees provided the employee pays the	57766
entire cost associated with such benefits, except that personal	57767
leave and vacation leave cannot be accrued for use as an employee	57768
of a school district or service center while in the employ of a	57769
community school unless the district or service center board	57770
adopts a policy expressly permitting this accrual.	57771

(2) While on a leave of absence pursuant to division (B)(1)	57772
of this section, a conversion community school shall permit a	57773
teacher to use sick leave accrued while in the employ of the	57774
school district from which the leave of absence was taken and	57775
prior to commencing such leave. If a teacher who is on such a	57776
leave of absence uses sick leave so accrued, the cost of any	57777
salary paid by the community school to the teacher for that time	57778
shall be reported to the department of education. The cost of	57779
employing a substitute teacher for that time shall be paid by the	57780
community school. The department of education shall add amounts to	57781
the payments made to a community school under this chapter as	57782
necessary to cover the cost of salary reported by a community	57783
school as paid to a teacher using sick leave so accrued pursuant	57784
to this section. The department shall subtract the amounts of any	57785
payments made to community schools under this division from	57786
payments made to such sponsoring school district under ~~Chapter~~	57787
Chapters 3306. and 3317. of the Revised Code.	57788

A school district providing a leave of absence and employee	57789
benefits to a person pursuant to this division is not liable for	57790
any action of that person while the person is on such leave and	57791
employed by a community school.	57792

Sec. 3314.13. ~~(A)~~Payments and deductions under this section	57793
for fiscal years 2010 and 2011 shall be made in accordance with	57794
section 3314.088 of the Revised Code.	57795

(A) As used in this section:

57796

(1) "All-day kindergarten" has the same meaning as in section	57797
3317.029 of the Revised Code.	57798

(2) "Formula amount" has the same meaning as in section	57799
3317.02 of the Revised Code.	57800

(B) Except as provided in division (C) of this section, the	57801
department of education annually shall pay each community school	57802
established under this chapter one-half of the formula amount for	57803
each student to whom both of the following apply:	57804

(1) The student is entitled to attend school under section	57805
3313.64 or 3313.65 of the Revised Code in a school district that	57806
is eligible to receive a payment under division (D) of section	57807
3317.029 of the Revised Code if it provides all-day kindergarten;	57808

(2) The student is reported by the community school as	57809
enrolled in all-day kindergarten at the community school.	57810

(C) The department shall make no payments under this section	57811
to any internet- or computer-based community school.	57812

(D) If a student for whom payment is made under division (B)	57813
of this section is entitled to attend school in a district that	57814
receives any payment for all-day kindergarten under division (D)	57815
of section 3317.029 of the Revised Code, the department shall	57816
deduct the payment to the community school under this section from	57817
the amount paid that school district under that division. If that	57818
school district does not receive payment for all-day kindergarten	57819
under that division because it does not provide all-day	57820
kindergarten, the department shall pay the community school from	57821
state funds appropriated generally for poverty-based assistance to	57822
school districts.	57823

(E) The department shall adjust the amounts deducted from	57824
school districts and paid to community schools under this section	57825
to reflect any enrollments of students in all-day kindergarten in	57826
community schools for less than the equivalent of a full school	57827
year.	57828

Sec. 3314.19. The sponsor of each community school annually	57829
shall provide the following assurances in writing to the	57830
department of education not later than ten business days prior to	57831
the opening of the school:	57832

(A) That a current copy of the contract between the sponsor	57833
and the governing authority of the school entered into under	57834
section 3314.03 of the Revised Code has been filed with the state	57835
office of community schools established under section 3314.11 of	57836
the Revised Code and that any subsequent modifications to that	57837
contract will be filed with the office;	57838

(B) That the school has submitted to the sponsor a plan for	57839
providing special education and related services to students with	57840
disabilities and has demonstrated the capacity to provide those	57841
services in accordance with Chapter 3323. of the Revised Code and	57842
federal law;	57843

(C) That the school has a plan and procedures for	57844
administering the achievement ~~tests~~ and diagnostic assessments	57845
prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the	57846
Revised Code;	57847

(D) That school personnel have the necessary training,	57848
knowledge, and resources to properly use and submit information to	57849
all databases maintained by the department for the collection of	57850
education data, including the education management information	57851
system established under section 3301.0714 of the Revised Code in	57852
accordance with methods and timelines established under section	57853
3314.17 of the Revised Code;	57854

(E) That all required information about the school has been	57855
submitted to the Ohio education directory system or any successor	57856
system;	57857

(F) That the school will enroll at least the minimum number	57858
of students required by division (A)(11)(a) of section 3314.03 of	57859
the Revised Code in the school year for which the assurances are	57860
provided;	57861

(G) That all classroom teachers are licensed in accordance	57862
with sections 3319.22 to 3319.31 of the Revised Code, except for	57863
noncertificated persons engaged to teach up to twelve hours per	57864
week pursuant to section 3319.301 of the Revised Code;	57865

(H) That the school's fiscal officer is in compliance with	57866
section 3314.011 of the Revised Code;	57867

(I) That the school has complied with sections 3319.39 and	57868
3319.391 of the Revised Code with respect to all employees and	57869
that the school has conducted a criminal records check of each	57870
of its governing authority members;	57871

(J) That the school holds all of the following:

57872

(1) Proof of property ownership or a lease for the facilities	57873
used by the school;	57874

(2) A certificate of occupancy;

57875

(3) Liability insurance for the school, as required by	57876
division (A)(11)(b) of section 3314.03 of the Revised Code, that	57877
the sponsor considers sufficient to indemnify the school's	57878
facilities, staff, and governing authority against risk;	57879

(4) A satisfactory health and safety inspection;

57880

(5) A satisfactory fire inspection;

57881

(6) A valid food permit, if applicable.

57882

(K) That the sponsor has conducted a pre-opening site visit	57883
to the school for the school year for which the assurances are	57884
provided;	57885

(L) That the school has designated a date it will open for	57886
the school year for which the assurances are provided that is in	57887
compliance with division (A)(25) of section 3314.03 of the Revised	57888
Code;	57889

(M) That the school has met all of the sponsor's requirements	57890
for opening and any other requirements of the sponsor.	57891

Sec. 3314.25. Each internet- or computer-based community	57892
school shall provide its students a location within a fifty-mile	57893
radius of the student's residence at which to complete the	57894
statewide achievement ~~tests~~ and diagnostic assessments prescribed	57895
under sections 3301.079 ~~and~~, 3301.0710, and 3301.0712 of the	57896
Revised Code.	57897

Sec. 3314.26. (A) Each internet- or computer-based community	57898
school shall withdraw from the school any student who, for two	57899
consecutive school years, has failed to participate in the spring	57900
administration of any ~~test~~assessment prescribed under section	57901
3301.0710 or 3301.0712 of the Revised Code for the student's	57902
grade level and was not excused from the ~~test~~assessment pursuant	57903
to division (C)(1) or (3) of section 3301.0711 of the Revised	57904
Code, regardless of whether a waiver was granted for the	57905
student under division ~~(Q)~~(P)(3) of section 3314.08 of the	57906
Revised Code. The school shall report any such student's data	57907
verification code, as assigned pursuant to section 3301.0714	57908
of the Revised Code, to the department of education. The	57909
department shall maintain a list of all data verification codes	57910
reported under this division and section 3313.6410 of the	57911
Revised Code and provide that list to each internet- or	57912
computer-based community school and to each school to which	57913
section 3313.6410 of the Revised Code applies.	57914

(B) No internet- or computer-based community school shall	57915
receive any state funds under this chapter for any enrolled	57916
student whose data verification code appears on the list	57917
maintained by the department under division (A) of this section.	57918

Notwithstanding any provision of the Revised Code to the	57919
contrary, the parent of any such student shall pay tuition to the	57920
internet- or computer-based community school in an amount equal to	57921
the state funds the school otherwise would receive for that	57922
student, as determined by the department. An internet- or	57923
computer-based community school may withdraw any student for whom	57924
the parent does not pay tuition as required by this division.	57925

Sec. 3314.35. (A)(1) Except as provided in division	57926
(A)~~(2)~~(3) of this section, this section applies to any community	57927
school that meets one of the following criteria after July 1,	57928
2008, but before July 1, 2009:	57929

(a) The school does not offer a grade level higher than three	57930
and has been declared to be in a state of academic emergency under	57931
section 3302.03 of the Revised Code for four consecutive school	57932
years.	57933

(b) The school satisfies all of the following conditions:

57934

(i) The school offers any of grade levels four to eight but	57935
does not offer a grade level higher than nine.	57936

(ii) The school has been declared to be in a state of	57937
academic emergency under section 3302.03 of the Revised Code for	57938
three consecutive school years.	57939

(iii) For two of those school years, the school showed less	57940
than one standard year of academic growth in either reading or	57941
mathematics, as determined by the department of education in	57942
accordance with rules adopted under division (A) of section	57943
3302.021 of the Revised Code.	57944

57945

(i) The school offers any of grade levels ten to twelve.

57946

(ii) The school has been declared to be in a state of	57947
academic emergency under section 3302.03 of the Revised Code for	57948
three consecutive school years.	57949

(iii) For two of those school years, the school showed less	57950
than two standard years of academic growth in either reading or	57951
mathematics, as determined by the department in accordance with	57952
rules adopted under division (A) of section 3302.021 of the	57953
Revised Code.	57954

(2) Except as provided in division (A)(3) of this section,	57955
this section applies to any community school that meets one of	57956
the following criteria after July 1, 2009:	57957

(a) The school does not offer a grade level higher than three	57958
and has been declared to be in a state of academic emergency under	57959
section 3302.03 of the Revised Code for three of the four most	57960
recent school years.	57961

(b) The school satisfies all of the following conditions:

57962

(i) The school offers any of grade levels four to eight but	57963
does not offer a grade level higher than nine.	57964

(ii) The school has been declared to be in a state of	57965
academic emergency under section 3302.03 of the Revised Code for	57966
two of the three most recent school years.	57967

(iii) In at least two of the three most recent school years,	57968
the school showed less than one standard year of academic growth	57969
in either reading or mathematics, as determined by the department	57970
in accordance with rules adopted under division (A) of section	57971
3302.021 of the Revised Code.	57972

(c) The school offers any of grade levels ten to twelve and	57973
has been declared to be in a state of academic emergency under	57974
section 3302.03 of the Revised Code for three of the four most	57975
recent school years.	57976

(3) This section does not apply to ~~any~~either of the	57977
following:	57978

(a) Any community school in which a majority of the students	57979
are enrolled in a dropout prevention and recovery program that is	57980
operated by the school and that has been granted a waiver under	57981
section 3314.36 of the Revised Code;	57982

(b) Any community school in which a majority of the enrolled	57983
students are children with disabilities receiving special	57984
education and related services in accordance with Chapter 3323. of	57985
the Revised Code.	57986

(B) Any community school to which this section applies shall	57987
permanently close at the conclusion of the school year in which	57988
the school first becomes subject to this section. The sponsor and	57989
governing authority of the school shall comply with all procedures	57990
for closing a community school adopted by the department under	57991
division (E) of section 3314.015 of the Revised Code. The	57992
governing authority of the school shall not enter into a contract	57993
with any other sponsor under section 3314.03 of the Revised Code	57994
after the school closes.	57995

(C) Not later than July 1, 2008, the department shall	57996
determine the feasibility of using the value-added progress	57997
dimension, as defined in section 3302.01 of the Revised Code, as a	57998
factor in evaluating the academic performance of community schools	57999
described in division (A)(1)(c)(i) of this section.	58000
Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section,	58001
if the department determines that using the value-added progress	58002
dimension to evaluate community schools described in division	58003
(A)(1)(c)(i) of this section is not feasible, a community school	58004
described in that division shall be required to permanently close	58005
under this section only if it has been declared to be in a state	58006
of academic emergency under section 3302.03 of the Revised Code	58007
for four consecutive school years.	58008

Sec. 3314.36. (A) Section 3314.35 of the Revised Code does	58009
not apply to any community school in which a majority of the	58010
students are enrolled in a dropout prevention and recovery program	58011
that is operated by the school and that has been granted a waiver	58012
by the department of education. The department shall grant a	58013
waiver to a dropout prevention and recovery program, within sixty	58014
days after the program applies for the waiver, if the program	58015
meets all of the following conditions:	58016

(1) The program serves only students not younger than sixteen	58017
years of age and not older than twenty-one years of age.	58018

(2) The program enrolls students who, at the time of their	58019
initial enrollment, either, or both, are at least one grade level	58020
behind their cohort age groups or experience crises that	58021
significantly interfere with their academic progress such that	58022
they are prevented from continuing their traditional programs.	58023

(3) The program requires students to attain at least the	58024
applicable score designated for each of the ~~tests~~assessments	58025
prescribed under division (B)(1) of section 3301.0710 of the	58026
Revised Code or, to the extent prescribed by rule of the state	58027
board of education under division (E)(6) of section 3301.0712 of	58028
the Revised Code, division (B)(2) of that section.	58029

(4) The program develops an individual career plan for the	58030
student that specifies the student's matriculating to a two-year	58031
degree program, acquiring a business and industry credential, or	58032
entering an apprenticeship.	58033

(5) The program provides counseling and support for the	58034
student related to the plan developed under division (A)(4) of	58035
this section during the remainder of the student's high school	58036
experience.	58037

(6) Prior to receiving the waiver, the program has submitted	58038
to the department an instructional plan that demonstrates how the	58039
academic content standards adopted by the state board of education	58040
under section 3301.079 of the Revised Code will be taught and	58041
assessed.	58042

If the department does not act either to grant the waiver or	58043
to reject the program application for the waiver within sixty days	58044
as required under this section, the waiver shall be considered to	58045
be granted.	58046

(B) Notwithstanding division (A) of this section, the	58047
department shall not grant a waiver to any community school that	58048
did not qualify for a waiver under this section when it initially	58049
began operations, unless the state board of education approves the	58050
waiver.	58051

Sec. 3314.44. (A) If a community school established under	58052
this chapter closes for any reason, the chief administrative	58053
officer of the school at the time the school closes shall in good	58054
faith take all reasonable steps necessary to collect and assemble	58055
in an orderly manner the educational records of each student who	58056
is or has been enrolled in the school so that those records may be	58057
transmitted in accordance with this division. The chief	58058
administrative officer shall transmit the records within seven	58059
business days of the school closing to the student's school	58060
district of residence.	58061

(B) No person required to collect, assemble, and transmit	58062
student records under division (A) of this section shall fail to	58063
comply with that division.	58064

(C) Whoever violates division (B) of this section is guilty	58065
of a misdemeanor in the third degree.	58066

Sec. 3315.37. The board of education of a school district	58067
may establish a teacher education loan program and may expend	58068
school funds for the program. The program shall be for the purpose	58069
of making loans to students who are residents of the school	58070
district or graduates of schools in the school district, who are	58071
enrolled in teacher preparation programs at institutions approved	58072
by the ~~state board~~chancellor of the Ohio board of regents	58073
pursuant to section ~~3319.23~~3333.048 of the Revised Code, and who	58074
indicate an intent to teach in the school district providing the	58075
loan. The district board may forgive the obligation to repay any	58076
or all of the principal and interest on the loan if the borrower	58077
teaches in that school district.	58078

The district board shall adopt rules establishing eligibility	58079
criteria, application procedures, procedures for review of	58080
applications, loan amounts, interest, repayment schedules,	58081
conditions under which principal and interest obligations incurred	58082
under the program will be forgiven, and any other matter	58083
incidental to the operation of the program.	58084

The board may contract with a private, nonprofit foundation,	58085
one or more institutions of higher education, or other educational	58086
agencies to administer the program.	58087

The receipt of a loan under this section does not affect a	58088
student's eligibility for assistance, or the amount of such	58089
assistance, granted under section 3315.33, 3333.12, 3333.122,	58090
3333.22, 3333.26, ~~3333.27,~~ 5910.04, or 5919.34 of the Revised	58091
Code, but the board's rules may provide for taking such assistance	58092
into consideration when determining a student's eligibility for a	58093
loan under this section.	58094

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	58095
133. or sections 3313.483 to 3313.4811 of the Revised Code, and	58096
subject to the approval of the superintendent of public	58097
instruction, a school district that is in a state of fiscal watch	58098
declared under section 3316.03 of the Revised Code may restructure	58099
or refinance loans obtained or in the process of being obtained	58100
under section 3313.483 of the Revised Code if all of the following	58101
requirements are met:	58102

(1) The operating deficit certified for the school district	58103
for the current or preceding fiscal year under section 3313.483 of	58104
the Revised Code exceeds fifteen per cent of the district's	58105
general revenue fund for the fiscal year preceding the year for	58106
which the certification of the operating deficit is made.	58107

(2) The school district voters have, during the period of the	58108
fiscal watch, approved the levy of a tax under section 718.09,	58109
718.10, 5705.194, 5705.21, or 5748.02 of the Revised Code that is	58110
not a renewal or replacement levy, or a levy under section	58111
5705.199 of the Revised Code, and that will provide new operating	58112
revenue.	58113

(3) The board of education of the school district has adopted	58114
or amended the financial plan required by section 3316.04 of the	58115
Revised Code to reflect the restructured or refinanced loans, and	58116
sets forth the means by which the district will bring projected	58117
operating revenues and expenditures, and projected debt service	58118
obligations, into balance for the life of any such loan.	58119

(B) Subject to the approval of the superintendent of public	58120
instruction, the school district may issue securities to evidence	58121
the restructuring or refinancing authorized by this section. Such	58122
securities may extend the original period for repayment not to	58123
exceed ten years, and may alter the frequency and amount of	58124
repayments, interest or other financing charges, and other terms	58125
or agreements under which the loans were originally contracted,	58126
provided the loans received under sections 3313.483 of the Revised	58127
Code are repaid from funds the district would otherwise receive	58128
under ~~sections 3317.022 to 3317.025~~Chapter 3306. of the Revised	58129
Code, as required under division (E)(3) of section 3313.483 of	58130
the Revised Code. Securities issued for the purpose of	58131
restructuring or refinancing under this section shall be repaid	58132
in equal payments and at equal intervals over the term of the	58133
debt and are not eligible to be included in any subsequent	58134
proposal to restructure or refinance.	58135

(C) Unless the district is declared to be in a state of	58136
fiscal emergency under division (D) of section 3316.04 of the	58137
Revised Code, a school district shall remain in a state of fiscal	58138
watch for the duration of the repayment period of any loan	58139
restructured or refinanced under this section.	58140

Sec. 3316.06. (A) Within one hundred twenty days after the	58141
first meeting of a school district financial planning and	58142
supervision commission, the commission shall adopt a financial	58143
recovery plan regarding the school district for which the	58144
commission was created. During the formulation of the plan, the	58145
commission shall seek appropriate input from the school district	58146
board and from the community. This plan shall contain the	58147
following:	58148

(1) Actions to be taken to:

58149

(a) Eliminate all fiscal emergency conditions declared to	58150
exist pursuant to division (B) of section 3316.03 of the Revised	58151
Code;	58152

(b) Satisfy any judgments, past-due accounts payable, and all	58153
past-due and payable payroll and fringe benefits;	58154

(c) Eliminate the deficits in all deficit funds, except that	58155
any prior year deficits in the textbook and instructional	58156
materials fund established pursuant to section 3315.17 of the	58157
Revised Code and the capital and maintenance fund established	58158
pursuant to section 3315.18 of the Revised Code shall be forgiven;	58159

(d) Restore to special funds any moneys from such funds that	58160
were used for purposes not within the purposes of such funds, or	58161
borrowed from such funds by the purchase of debt obligations of	58162
the school district with the moneys of such funds, or missing from	58163
the special funds and not accounted for, if any;	58164

(e) Balance the budget, avoid future deficits in any funds,	58165
and maintain on a current basis payments of payroll, fringe	58166
benefits, and all accounts;	58167

(f) Avoid any fiscal emergency condition in the future;

58168

(g) Restore the ability of the school district to market	58169
long-term general obligation bonds under provisions of law	58170
applicable to school districts generally.	58171

(2) The management structure that will enable the school	58172
district to take the actions enumerated in division (A)(1) of this	58173
section. The plan shall specify the level of fiscal and management	58174
control that the commission will exercise within the school	58175
district during the period of fiscal emergency, and shall	58176
enumerate respectively, the powers and duties of the commission	58177
and the powers and duties of the school board during that period.	58178
The commission may elect to assume any of the powers and duties of	58179
the school board it considers necessary, including all powers	58180
related to personnel, curriculum, and legal issues in order to	58181
successfully implement the actions described in division (A)(1) of	58182
this section.	58183

(3) The target dates for the commencement, progress upon, and	58184
completion of the actions enumerated in division (A)(1) of this	58185
section and a reasonable period of time expected to be required to	58186
implement the plan. The commission shall prepare a reasonable time	58187
schedule for progress toward and achievement of the requirements	58188
for the plan, and the plan shall be consistent with that time	58189
schedule.	58190

(4) The amount and purpose of any issue of debt obligations	58191
that will be issued, together with assurances that any such debt	58192
obligations that will be issued will not exceed debt limits	58193
supported by appropriate certifications by the fiscal officer of	58194
the school district and the county auditor. Debt obligations	58195
issued pursuant to section 133.301 of the Revised Code shall	58196
include assurances that such debt shall be in an amount not to	58197
exceed the amount certified under division (B) of such section. If	58198
the commission considers it necessary in order to maintain or	58199
improve educational opportunities of pupils in the school	58200
district, the plan may include a proposal to restructure or	58201
refinance outstanding debt obligations incurred by the board under	58202
section 3313.483 of the Revised Code contingent upon the approval,	58203
during the period of the fiscal emergency, by district voters of a	58204
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	58205
5748.02, or 5748.08 of the Revised Code that is not a renewal or	58206
replacement levy, or a levy under section 5705.199 of the Revised	58207
Code, and that will provide new operating revenue. Notwithstanding	58208
any provision of Chapter 133. or sections 3313.483 to 3313.4811 of	58209
the Revised Code, following the required approval of the district	58210
voters and with the approval of the commission, the school	58211
district may issue securities to evidence the restructuring or	58212
refinancing. Those securities may extend the original period for	58213
repayment, not to exceed ten years, and may alter the frequency	58214
and amount of repayments, interest or other financing charges, and	58215
other terms of agreements under which the debt originally was	58216
contracted, at the discretion of the commission, provided that any	58217
loans received pursuant to section 3313.483 of the Revised Code	58218
shall be paid from funds the district would otherwise receive	58219
under ~~sections 3317.022 to 3317.025~~Chapter 3306. of the Revised	58220
Code, as required under division (E)(3) of section 3313.483 of	58221
the Revised Code. The securities issued for the purpose of	58222
restructuring or refinancing the debt shall be repaid in equal	58223
payments and at equal intervals over the term of the debt and are	58224
not eligible to be included in any subsequent proposal for the	58225
purpose of restructuring or refinancing debt under this section.	58226

(B) Any financial recovery plan may be amended subsequent to	58227
its adoption. Each financial recovery plan shall be updated	58228
annually.	58229

(C) Each school district financial planning and supervision	58230
commission shall submit the financial recovery plan it adopts or	58231
updates under this section to the state superintendent of public	58232
instruction for approval immediately following its adoption or	58233
updating. The state superintendent shall evaluate the plan and	58234
either approve or disapprove it within thirty calendar days from	58235
the date of its submission. If the plan is disapproved, the state	58236
superintendent shall recommend modifications that will render it	58237
acceptable. No financial planning and supervision commission shall	58238
implement a financial recovery plan that is adopted or updated on	58239
or after April 10, 2001, unless the state superintendent has	58240
approved it.	58241

Sec. 3316.20. (A)(1) The school district solvency assistance	58242
fund is hereby created in the state treasury, to consist of such	58243
amounts designated for the purposes of the fund by the general	58244
assembly. The fund shall be used to provide assistance and grants	58245
to school districts to enable them to remain solvent and to pay	58246
~~unforseeable~~unforeseeable expenses of a temporary or emergency	58247
nature that they are unable to pay from existing resources.	58248

(2) There is hereby created within the fund an account known	58249
as the school district shared resource account, which shall	58250
consist of money appropriated to it by the general assembly. The	58251
money in the account shall be used solely for solvency assistance	58252
to school districts that have been declared under division (B) of	58253
section 3316.03 of the Revised Code to be in a state of fiscal	58254
emergency.	58255

(3) There is hereby created within the fund an account known	58256
as the catastrophic expenditures account, which shall consist of	58257
money appropriated to the account by the general assembly plus all	58258
investment earnings of the fund. Money in the account shall be	58259
used solely for the following:	58260

(a) Solvency assistance to school districts that have been	58261
declared under division (B) of section 3316.03 of the Revised Code	58262
to be in a state of fiscal emergency, in the event that all money	58263
in the shared resource account is utilized for solvency	58264
assistance;	58265

(b) Grants to school districts under division (C) of this	58266
section.	58267

(B) Solvency assistance payments under division (A)(2) or	58268
(3)(a) of this section shall be made from the fund by the	58269
superintendent of public instruction in accordance with rules	58270
adopted by the director of budget and management, after	58271
consulting with the superintendent, specifying approval criteria	58272
and procedures necessary for administering the fund.	58273

The fund shall be reimbursed for any solvency assistance	58274
amounts paid under division (A)(2) or (3)(a) of this section not	58275
later than the end of the second fiscal year following the fiscal	58276
year in which the solvency assistance payment was made. If not	58277
made directly by the school district, such reimbursement shall be	58278
made by the director of budget and management from the amounts the	58279
school district would otherwise receive pursuant to ~~sections~~	58280
~~3317.022 to 3317.025~~Chapter 3306. of the Revised Code, or from	58281
any other funds appropriated for the district by the general	58282
assembly. Reimbursements shall be credited to the respective	58283
account from which the solvency assistance paid to the district	58284
was deducted.	58285

(C) The superintendent of public instruction may make	58286
recommendations, and the controlling board may grant money from	58287
the catastrophic expenditures account to any school district that	58288
suffers an unforeseen catastrophic event that severely depletes	58289
the district's financial resources. The superintendent shall make	58290
recommendations for the grants in accordance with rules adopted by	58291
the director of budget and management, after consulting with the	58292
superintendent. A school district shall not be required to repay	58293
any grant awarded to the district under this division, unless the	58294
district receives money from this state or a third party,	58295
including an agency of the government of the United States,	58296
specifically for the purpose of compensating the district for	58297
revenue lost or expenses incurred as a result of the unforeseen	58298
catastrophic event. If a school district receives a grant from the	58299
catastrophic expenditures account on the basis of the same	58300
circumstances for which an adjustment or recomputation is	58301
authorized under section 3317.025, 3317.026, 3317.027, 3317.028,	58302
3317.0210, or 3317.0211 of the Revised Code, the department of	58303
education shall reduce the adjustment or recomputation by an	58304
amount not to exceed the total amount of the grant, and an amount	58305
equal to the reduction shall be transferred, from the funding	58306
source from which the adjustment or recomputation would be paid,	58307
to the catastrophic expenditures account. Any adjustment or	58308
recomputation under such sections that is in excess of the total	58309
amount of the grant shall be paid to the school district.	58310

Sec. 3317.01. As used in this section and section 3317.011	58311
of the Revised Code, "school district," unless otherwise	58312
specified, means any city, local, exempted village, joint	58313
vocational, or cooperative education school district and any	58314
educational service center.	58315

This chapter shall be administered by the state board of	58316
education. The superintendent of public instruction shall	58317
calculate the amounts payable to each school district and shall	58318
certify the amounts payable to each eligible district to the	58319
treasurer of the district as provided by this chapter. As soon as	58320
possible after such amounts are calculated, the superintendent	58321
shall certify to the treasurer of each school district the	58322
district's adjusted charge-off increase, as defined in section	58323
5705.211 of the Revised Code. No moneys shall be distributed	58324
pursuant to this chapter without the approval of the controlling	58325
board.	58326

The state board of education shall, in accordance with	58327
appropriations made by the general assembly, meet the financial	58328
obligations of this chapter.	58329

~~Annually, the department of education shall calculate and~~	58330
~~report to each school district the district's total state and~~	58331
~~local funds for providing an adequate basic education to the~~	58332
~~district's nondisabled students, utilizing the determination in~~	58333
~~section 3317.012 of the Revised Code. In addition, the department~~	58334
~~shall calculate and report separately for each school district~~	58335
~~the district's total state and local funds for providing an~~	58336
~~adequate education for its students with disabilities, utilizing~~	58337
~~the determinations in both sections 3317.012 and 3317.013 of the~~	58338
~~Revised Code.~~	58339

~~Not later than the thirty-first day of August of each fiscal~~	58340
~~year, the department of education shall provide to each school~~	58341
~~district and county MR/DD board a preliminary estimate of the~~	58342
~~amount of funding that the department calculates the district will~~	58343
~~receive under each of divisions (C)(1) and (4) of section 3317.022~~	58344
~~of the Revised Code. No later than the first day of December of~~	58345
~~each fiscal year, the department shall update that preliminary~~	58346
~~estimate.~~	58347

Moneys distributed pursuant to this chapter shall be	58348
calculated and paid on a fiscal year basis, beginning with the	58349
first day of July and extending through the thirtieth day of June.	58350
The moneys appropriated for each fiscal year shall be distributed	58351
~~at least monthly~~periodically to each school district unless	58352
otherwise provided for. The state board shall submit a yearly	58353
distribution plan to the controlling board at its first meeting in	58354
July. The state board shall submit any proposed midyear revision	58355
of the plan to the controlling board in January. Any year-end	58356
revision of the plan shall be submitted to the controlling board	58357
in June. If moneys appropriated for each fiscal year are	58358
distributed other than monthly, such distribution shall be on the	58359
same basis for each school district.	58360

~~The total amounts paid each month shall constitute, as nearly~~	58361
~~as possible, one-twelfth of the total amount payable for the~~	58362
~~entire year.~~	58363

~~Until fiscal year 2007, payments made during the first six~~	58364
~~months of the fiscal year may be based on an estimate of the~~	58365
~~amounts payable for the entire year. Payments made in the last~~	58366
~~six months shall be based on the final calculation of the amounts~~	58367
~~payable to each school district for that fiscal year. Payments~~	58368
~~made in the last six months may be adjusted, if necessary, to~~	58369
~~correct the amounts distributed in the first six months, and to~~	58370
~~reflect enrollment increases when such are at least three per~~	58371
~~cent.~~	58372

~~Beginning in fiscal year 2007, payments shall be calculated~~	58373
~~to reflect the biannual reporting of average daily membership. In~~	58374
~~fiscal year 2007 and in each fiscal year thereafter, annualized~~	58375
~~periodic payments for each school district shall be based on the~~	58376
~~district's final student counts verified by the superintendent of~~	58377
~~public instruction based on reports under section 3317.03 of the~~	58378
~~Revised Code, as adjusted, if so ordered, under division (K) of~~	58379
~~that section, as follows:~~	58380

~~the sum of one-half of the number of students verified~~	58381

~~and adjusted for the first full week in October~~	58382

~~plus one-half of the average of the numbers~~	58383

~~verified and adjusted for the first full week~~	58384

~~in October and for the first full week in February~~	58385

Except as otherwise provided, payments under this chapter	58386
shall be made only to those school districts in which:	58387

(A) The school district, except for any educational service	58388
center and any joint vocational or cooperative education school	58389
district, levies for current operating expenses at least twenty	58390
mills. Levies for joint vocational or cooperative education	58391
school districts or county school financing districts, limited to	58392
or to the extent apportioned to current expenses, shall be	58393
included in this qualification requirement. School district income	58394
tax levies under Chapter 5748. of the Revised Code, limited to or	58395
to the extent apportioned to current operating expenses, shall be	58396
included in this qualification requirement to the extent	58397
determined by the tax commissioner under division (D) of section	58398
3317.021 of the Revised Code.	58399

(B) The school year next preceding the fiscal year for which	58400
such payments are authorized meets the requirement of section	58401
3313.48 or 3313.481 of the Revised Code, with regard to the	58402
minimum number of days or hours school must be open for	58403
instruction with pupils in attendance, for individualized	58404
parent-teacher conference and reporting periods, and for	58405
professional meetings of teachers. This requirement shall be	58406
waived by the superintendent of public instruction if it had been	58407
necessary for a school to be closed because of disease epidemic,	58408
hazardous weather conditions, inoperability of school buses or	58409
other equipment necessary to the school's operation, damage to a	58410
school building, or other temporary circumstances due to utility	58411
failure rendering the school building unfit for school use,	58412
provided that for those school districts operating pursuant to	58413
section 3313.48 of the Revised Code the number of days the school	58414
was actually open for instruction with pupils in attendance and	58415
for individualized parent-teacher conference and reporting periods	58416
is not less than one hundred seventy-five, or for those school	58417
districts operating on a trimester plan the number of days the	58418
school was actually open for instruction with pupils in attendance	58419
not less than seventy-nine days in any trimester, for those school	58420
districts operating on a quarterly plan the number of days the	58421
school was actually open for instruction with pupils in attendance	58422
not less than fifty-nine days in any quarter, or for those school	58423
districts operating on a pentamester plan the number of days the	58424
school was actually open for instruction with pupils in	58425
attendance not less than forty-four days in any pentamester.	58426
However, for fiscal year 2012, the superintendent shall waive two	58427
fewer such days for the 2010-2011 school year.	58428

A school district shall not be considered to have failed to	58429
comply with this division or section 3313.481 of the Revised Code	58430
because schools were open for instruction but either twelfth grade	58431
students were excused from attendance for up to three days or only	58432
a portion of the kindergarten students were in attendance for up	58433
to three days in order to allow for the gradual orientation to	58434
school of such students.	58435

The superintendent of public instruction shall waive the	58436
requirements of this section with reference to the minimum number	58437
of days or hours school must be in session with pupils in	58438
attendance for the school year succeeding the school year in	58439
which a board of education initiates a plan of operation pursuant	58440
to section 3313.481 of the Revised Code. The minimum requirements	58441
of this section shall again be applicable to such a district	58442
beginning with the school year commencing the second July	58443
succeeding the initiation of one such plan, and for each school	58444
year thereafter.	58445

A school district shall not be considered to have failed to	58446
comply with this division or section 3313.48 or 3313.481 of the	58447
Revised Code because schools were open for instruction but the	58448
length of the regularly scheduled school day, for any number of	58449
days during the school year, was reduced by not more than two	58450
hours due to hazardous weather conditions.	58451

(C) The school district has on file, and is paying in	58452
accordance with, a teachers' salary schedule which complies with	58453
section 3317.13 of the Revised Code.	58454

A board of education or governing board of an educational	58455
service center which has not conformed with other law and the	58456
rules pursuant thereto, shall not participate in the distribution	58457
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	58458
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	58459
and sufficient reason established to the satisfaction of the state	58460
board of education and the state controlling board.	58461

All funds allocated to school districts under this chapter,	58462
except those specifically allocated for other purposes, shall be	58463
used to pay current operating expenses only.	58464

Sec. 3317.011. On or before the ~~third Wednesday~~last day of	58465
each month, the department of education shall certify to the	58466
director of budget and management for payment, for each county:	58467

(A)(1) That portion of the allocation of money under sections	58468
3317.022 to 3317.0211, 3317.11, 3317.16, 3317.17, and 3317.19 of	58469
the Revised Code that is required to be paid in that month to each	58470
school district located wholly within the county subsequent to the	58471
deductions described in division (A)(2) of this section; and	58472

(2) The amounts deducted from such allocation under sections	58473
3307.31 and 3309.51 of the Revised Code for payment directly to	58474
the school employees and state teachers retirement systems under	58475
such sections.	58476

(B) If the district is located in more than one county, an	58477
apportionment of the amounts that would otherwise be certified	58478
under division (A) of this section. The amounts apportioned to the	58479
county shall equal the amounts certified under division (A) of	58480
this section times the percentage of the district's resident	58481
pupils who reside both in the district and in the county, based on	58482
the average daily membership reported under division (A) of	58483
section 3317.03 of the Revised Code in October of the prior fiscal	58484
year.	58485

Sec. 3317.013. Except for a preschool child with a	58486
disability for whom a scholarship has been awarded under section	58487
3310.41 of the Revised Code, this section does not apply to	58488
preschool children with disabilities.	58489

Analysis of special education cost data has resulted in a	58490
finding that the average special education additional cost per	58491
pupil, including the costs of related services, can be expressed	58492
as a multiple of the base cost per pupil calculated under section	58493
3317.012 of the Revised Code. The multiples for the following	58494
categories of special education programs, as these programs are	58495
defined for purposes of Chapter 3323. of the Revised Code, and	58496
adjusted as provided in this section, are as follows:	58497

(A) A multiple of 0.2892 for students whose primary or only	58498
identified disability is a speech and language disability, as	58499
this term is defined pursuant to Chapter 3323. of the Revised	58500
Code;	58501

(B) A multiple of 0.3691 for students identified as specific	58502
learning disabled or developmentally disabled, as these terms are	58503
defined pursuant to Chapter 3323. of the Revised Code, or as	58504
having an other health impairment-minor;	58505

(C) A multiple of 1.7695 for students identified as hearing	58506
disabled, vision impaired, or severe behavior disabled, as these	58507
terms are defined pursuant to Chapter 3323. of the Revised Code;	58508

(D) A multiple of 2.3646 for students identified as	58509
orthopedically disabled, as this term is defined pursuant to	58510
Chapter 3323. of the Revised Code, or as having an other health	58511
impairment-major;	58512

(E) A multiple of 3.1129 for students identified as having	58513
multiple disabilities, as this term is defined pursuant to	58514
Chapter 3323. of the Revised Code;	58515

(F) A multiple of 4.7342 for students identified as autistic,	58516
having traumatic brain injuries, or as both visually and hearing	58517
impaired, as these terms are defined pursuant to Chapter 3323. of	58518
the Revised Code.	58519

In fiscal years 2008 ~~and~~, 2009, 2010, and 2011, the multiples	58520
specified in divisions (A) to (F) of this section shall be	58521
adjusted by multiplying them by 0.90.	58522

Not later than the thirtieth day of December in 2007, 2008,	58523
and 2009, the department of education shall submit to the office	58524
of budget and management a report that specifies for each city,	58525
local, exempted village, and joint vocational school district the	58526
fiscal year allocation of the state and local shares of special	58527
education and related services additional weighted funding and	58528
federal special education funds passed through to the district.	58529

Sec. 3317.018. (A) The department of education shall make no	58530
calculations or payments under Chapter 3317. of the Revised Code	58531
for any fiscal year except as prescribed in this section.	58532

(B) School districts shall report student enrollment data as	58533
prescribed by section 3317.03 of the Revised Code, which data the	58534
department shall use to make payments under Chapters 3306. and	58535
3317. of the Revised Code.	58536

(C) The tax commissioner shall report data regarding tax	58537
valuation and receipts for school districts as prescribed by	58538
sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027,	58539
3317.028, 3317.0210, 3317.0211, and 3317.08 and by division (M) of	58540
section 3317.02 of the Revised Code, which data the department	58541
shall use to make payments under Chapters 3306. and 3317. of the	58542
Revised Code.	58543

(D) Unless otherwise specified by another provision of law,	58544
in addition to the payments prescribed by Chapter 3306. of the	58545
Revised Code, the department shall continue to make payments to or	58546
adjustments for school districts in fiscal years after fiscal year	58547
2009 under the following provisions of Chapter 3317. of the	58548
Revised Code:	58549

(1) The catastrophic cost reimbursement under division (C)(3)	58550
of section 3317.022 of the Revised Code. No other payments shall	58551
be made under that section.	58552

(2) All payments or adjustments under section 3317.023 of the	58553
Revised Code, except no payments or adjustments shall be made	58554
under divisions (B), (C), and (D) of that section.	58555

(3) All payments or adjustments under section 3317.024 of the	58556
Revised Code, except no payments or adjustments shall be made	58557
under divisions (F), (L), and (N) of that section.	58558

(4) All payments and adjustments under sections 3317.025,	58559
3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the	58560
Revised Code;	58561

(5) Payments under section 3317.04 of the Revised Code;

58562

(6) Unit payments under sections 3317.05, 3317.051, 3317.052,	58563
and 3317.053 of the Revised Code, except that no units for gifted	58564
funding are authorized after fiscal year 2009.	58565

(7) Payments under sections 3317.06, 3317.063, and 3317.064	58566
of the Revised Code;	58567

(8) Payments under section 3317.07 of the Revised Code;

58568

(9) Payments to educational service centers under section	58569
3317.11 of the Revised Code;	58570

(10) The catastrophic cost reimbursement under division (E)	58571
of section 3317.16 of the Revised Code and excess cost	58572
reimbursements under division (G) of that section. No other	58573
payments shall be made under that section;	58574

(11) Payments under section 3317.17 of the Revised Code;

58575

(12) Adjustments under section 3317.18 of the Revised Code;

58576

(13) Payments to cooperative education school districts under	58577
section 3317.19 of the Revised Code;	58578

(14) Payments to county MR/DD boards under section 3317.20 of	58579
the Revised Code;	58580

(15) Payments to state institutions for weighted special	58581
education funding under section 3317.201 of the Revised Code.	58582

(E) Sections 3317.016 and 3317.017 shall not apply to fiscal	58583
years after fiscal year 2009.	58584

(F) This section does not affect the provisions of sections	58585
3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08,	58586
3317.081, 3317.082, 3317.09, 3317.12, 3317.13, 3317.14, 3317.15,	58587
3317.50, 3317.51, 3317.62, 3317.63, and 3317.64 of the Revised	58588
Code.	58589

Sec. 3317.02. As used in this chapter:

58590

(A) Unless otherwise specified, "school district" means city,	58591
local, and exempted village school districts.	58592

(B) "Formula amount" means ~~the base cost for the fiscal year~~	58593
~~specified in division (B)(4) of section 3317.012 of the Revised~~	58594
~~Code~~$5,732 for fiscal year 2010 and fiscal year 2011.	58595

(C) "FTE basis" means a count of students based on full-time	58596
equivalency, in accordance with rules adopted by the department of	58597
education pursuant to section 3317.03 of the Revised Code. In	58598
adopting its rules under this division, the department shall	58599
provide for counting any student in category one, two, three,	58600
four, five, or six special education ADM or in category one or two	58601
vocational education ADM in the same proportion the student is	58602
counted in formula ADM.	58603

(D) "Formula ADM" means, for a city, local, or exempted	58604
village school district, ~~the final number verified by the~~	58605
~~superintendent of public instruction, based on the number reported~~	58606
~~pursuant to division (A) of section 3317.03 of the Revised Code,~~	58607
~~as adjusted, if so ordered, under division (K) of that section~~	58608
"formula ADM" as defined in section 3306.02 of the Revised Code.	58609
"Formula ADM" means, for a joint vocational school district, the	58610
final number verified by the superintendent of public	58611
instruction, based on the number reported pursuant to division (D)	58612
of section 3317.03 of the Revised Code, as adjusted, if so	58613
ordered, under division (K) of that section. ~~Beginning in fiscal~~	58614
~~year 2007, for payments in which formula ADM is a factor, the~~	58615
~~formula ADM for each school district for the fiscal year is the~~	58616
~~sum of one-half of the number verified and adjusted for October~~	58617
~~of that fiscal year plus one-half of the average of the numbers~~	58618
~~verified and adjusted for October and February of that fiscal~~	58619
~~year.~~For purposes of the calculation of payments to or	58620
adjustments for a city, exempted village, local, or joint	58621
vocational school district under this chapter or under Chapter	58622
3306. of the Revised Code, calculations required under Chapter	58623
3318. of the Revised Code, or adjustments required under Chapter	58624
3365. of the Revised Code, the department of education shall use	58625
the district's formula ADM for the previous fiscal year, unless	58626
the district's average daily membership reported and verified for	58627
the current fiscal year is at least two per cent greater than	58628
the formula ADM reported for the previous fiscal year, in which	58629
case the department shall use the district's formula ADM for the	58630
current fiscal year.	58631

(E) "Three-year average formula ADM" means the average of	58632
formula ADMs for the preceding three fiscal years.	58633

(F)(1) "Category one special education ADM" means the average	58634
daily membership of children with disabilities receiving special	58635
education services for the disability specified in division	58636
~~(A)~~(D)(1) of section ~~3317.013~~3306.02 of the Revised Code and	58637
reported under division (B)(5) or (D)(2)(b) of section 3317.03 of	58638
the Revised Code. ~~Beginning in fiscal year 2007, the district's~~	58639
~~category one special education ADM for a fiscal year is the sum~~	58640
~~of one-half of the number reported for October of that fiscal~~	58641
~~year plus one-half of the average of the numbers reported for~~	58642
~~October and February of that fiscal year.~~	58643

(2) "Category two special education ADM" means the average	58644
daily membership of children with disabilities receiving special	58645
education services for those disabilities specified in division	58646
~~(B)~~(D)(2) of section ~~3317.013~~3306.02 of the Revised Code and	58647
reported under division (B)(6) or (D)(2)(c) of section 3317.03 of	58648
the Revised Code. ~~Beginning in fiscal year 2007, the district's~~	58649
~~category two special education ADM for a fiscal year is the sum~~	58650
~~of one-half of the number reported for October of that fiscal~~	58651
~~year plus one-half of the average of the numbers reported for~~	58652
~~October and February of that fiscal year.~~	58653

(3) "Category three special education ADM" means the average	58654
daily membership of students receiving special education services	58655
for those disabilities specified in division ~~(C)~~(D)(3) of section	58656
~~3317.013~~3306.02 of the Revised Code, and reported under division	58657
(B)(7) or (D)(2)(d) of section 3317.03 of the Revised Code.	58658
~~Beginning in fiscal year 2007, the district's category three~~	58659
~~special education ADM for a fiscal year is the sum of one-half of~~	58660
~~the number reported for October of that fiscal year plus one-half~~	58661
~~of the average of the numbers reported for October and February~~	58662
~~of that fiscal year.~~	58663

(4) "Category four special education ADM" means the average	58664
daily membership of students receiving special education services	58665
for those disabilities specified in division (D)(4) of section	58666
~~3317.013~~3306.02 of the Revised Code and reported under division	58667
(B)(8) or (D)(2)(e) of section 3317.03 of the Revised Code.	58668
~~Beginning in fiscal year 2007, the district's category four~~	58669
~~special education ADM for a fiscal year is the sum of one-half of~~	58670
~~the number reported for October of that fiscal year plus one-half~~	58671
~~of the average of the numbers reported for October and February~~	58672
~~of that fiscal year.~~	58673

(5) "Category five special education ADM" means the average	58674
daily membership of students receiving special education services	58675
for the disabilities specified in division ~~(E)~~(D)(5) of section	58676
~~3317.013~~3306.02 of the Revised Code and reported under division	58677
(B)(9) or (D)(2)(f) of section 3317.03 of the Revised Code.	58678
~~Beginning in fiscal year 2007, the district's category five~~	58679
~~special education ADM for a fiscal year is the sum of one-half of~~	58680
~~the number reported for October of that fiscal year plus one-half~~	58681
~~of the average of the numbers reported for October and February~~	58682
~~of that fiscal year.~~	58683

(6) "Category six special education ADM" means the average	58684
daily membership of students receiving special education services	58685
for the disabilities specified in division ~~(F)~~(D)(6) of section	58686
~~3317.013~~3306.02 of the Revised Code and reported under division	58687
(B)(10) or (D)(2)(g) of section 3317.03 of the Revised Code.	58688
~~Beginning in fiscal year 2007, the district's category six~~	58689
~~special education ADM for a fiscal year is the sum of one-half of~~	58690
~~the number reported for October of that fiscal year plus one-half~~	58691
~~of the average of the numbers reported for October and February~~	58692
~~of that fiscal year.~~	58693

(7) "Category one vocational education ADM" means the average	58694
daily membership of students receiving vocational education	58695
services described in division (A) of section 3317.014 of the	58696
Revised Code and reported under division (B)(11) or (D)(2)(h) of	58697
section 3317.03 of the Revised Code. ~~Beginning in fiscal year~~	58698
~~2007, the district's category one vocational education ADM for a~~	58699
~~fiscal year is the sum of one-half of the number reported for~~	58700
~~October of that fiscal year plus one-half of the average of the~~	58701
~~numbers reported for October and February of that fiscal year.~~	58702

(8) "Category two vocational education ADM" means the average	58703
daily membership of students receiving vocational education	58704
services described in division (B) of section 3317.014 of the	58705
Revised Code and reported under division (B)(12) or (D)(2)(i) of	58706
section 3317.03 of the Revised Code. ~~Beginning in fiscal year~~	58707
~~2007, the district's category two vocational education ADM for a~~	58708
~~fiscal year is the sum of one-half of the number reported for~~	58709
~~October of that fiscal year plus one-half of the average of the~~	58710
~~numbers reported for October and February of that fiscal year.~~	58711

(G) "Preschool child with a disability" means a child with	58712
a disability, as defined in section 3323.01 of the Revised Code,	58713
who is at least age three but is not of compulsory school age, as	58714
defined in section 3321.01 of the Revised Code, and who is not	58715
currently enrolled in kindergarten.	58716

(H) "County MR/DD board" means a county board of mental	58717
retardation and developmental disabilities.	58718

(I) "Recognized valuation" means the amount calculated for a	58719
school district pursuant to section 3317.015 of the Revised Code.	58720

(J) "Transportation ADM" means the number of children	58721
reported under division (B)(13) of section 3317.03 of the Revised	58722
Code.	58723

(K) "Average efficient transportation use cost per student"	58724
means a statistical representation of transportation costs as	58725
calculated under division (D)(2) of section 3317.022 of the	58726
Revised Code.	58727

(L) "Taxes charged and payable" means the taxes charged and	58728
payable against real and public utility property after making the	58729
reduction required by section 319.301 of the Revised Code, plus	58730
the taxes levied against tangible personal property.	58731

(M) "Total taxable value" means the sum of the amounts	58732
certified for a city, local, exempted village, or joint vocational	58733
school district under divisions (A)(1) and (2) of section 3317.021	58734
of the Revised Code.	58735

(N) "Tax exempt value" of a school district means the amount	58736
certified for a school district under division (A)(4) of section	58737
3317.021 of the Revised Code.	58738

(O) "Potential value" of a school district means the	58739
recognized valuation of a school district plus the tax exempt	58740
value of the district.	58741

(P) "District median income" means the median Ohio adjusted	58742
gross income certified for a school district. On or before the	58743
first day of July of each year, the tax commissioner shall	58744
certify to the department of education and the office of budget	58745
and management for each city, exempted village, and local school	58746
district the median Ohio adjusted gross income of the residents	58747
of the school district determined on the basis of tax returns	58748
filed for the second preceding tax year by the residents of the	58749
district.	58750

(Q) "Statewide median income" means the median district	58751
median income of all city, exempted village, and local school	58752
districts in the state.	58753

(R) "Income factor" for a city, exempted village, or local	58754
school district means the quotient obtained by dividing that	58755
district's median income by the statewide median income.	58756

(S) "Medically fragile child" means a child to whom all of	58757
the following apply:	58758

(1) The child requires the services of a doctor of medicine	58759
or osteopathic medicine at least once a week due to the	58760
instability of the child's medical condition.	58761

(2) The child requires the services of a registered nurse on	58762
a daily basis.	58763

(3) The child is at risk of institutionalization in a	58764
hospital, skilled nursing facility, or intermediate care facility	58765
for the mentally retarded.	58766

(T) A child may be identified as having an "other health	58767
impairment-major" if the child's condition meets the definition	58768
of "other health impaired" established in rules adopted by the	58769
state board of education prior to July 1, 2001, and if either of	58770
the following apply:	58771

(1) The child is identified as having a medical condition	58772
that is among those listed by the superintendent of public	58773
instruction as conditions where a substantial majority of cases	58774
fall within the definition of "medically fragile child." The	58775
superintendent of public instruction shall issue an initial list	58776
no later than September 1, 2001.	58777

(2) The child is determined by the superintendent of public	58778
instruction to be a medically fragile child. A school district	58779
superintendent may petition the superintendent of public	58780
instruction for a determination that a child is a medically	58781
fragile child.	58782

(U) A child may be identified as having an "other health	58783
impairment-minor" if the child's condition meets the definition	58784
of "other health impaired" established in rules adopted by the	58785
state board of education prior to July 1, 2001, but the child's	58786
condition does not meet either of the conditions specified in	58787
division (T)(1) or (2) of this section.	58788

(V) "State education aid" has the same meaning as in section	58789
5751.20 of the Revised Code.	58790

(W) "Property exemption value" means zero in fiscal year	58791
2006, and in fiscal year 2007 and each fiscal year thereafter, the	58792
amount certified for a school district under divisions (A)(6) and	58793
(7) of section 3317.021 of the Revised Code.	58794

(X) "Internet- or computer-based community school" has the	58795
same meaning as in section 3314.02 of the Revised Code.	58796

(Y) "State share percentage" has the same meaning as in	58797
section 3306.02 of the Revised Code.	58798

Sec. 3317.021. ~~(A)~~The information certified under this	58799
section shall be used to calculate payments under this chapter	58800
and Chapter 3306. of the Revised Code.	58801

(A) On or before the first day of June of each year, the tax	58802
commissioner shall certify to the department of education and the	58803
office of budget and management the information described in	58804
divisions (A)(1) to ~~(8)~~(7) of this section for each city,	58805
exempted village, and local school district, and the information	58806
required by divisions (A)(1) and (2) of this section for each	58807
joint vocational school district, and it shall be used, along	58808
with the information certified under division (B) of this	58809
section, in making the computations for the district under	58810
~~sections 3317.022, 3317.0216, and 3317.0217 or section 3317.16~~	58811
this chapter and Chapter 3306. of the Revised Code.	58812

(1) The taxable value of real and public utility real	58813
property in the school district subject to taxation in the	58814
preceding tax year, by class and by county of location.	58815

(2) The taxable value of tangible personal property,	58816
including public utility personal property, subject to taxation by	58817
the district for the preceding tax year.	58818

(3)(a) The total property tax rate and total taxes charged	58819
and payable for the current expenses for the preceding tax year	58820
and the total property tax rate and the total taxes charged and	58821
payable to a joint vocational district for the preceding tax year	58822
that are limited to or to the extent apportioned to current	58823
expenses.	58824

(b) The portion of the amount of taxes charged and payable	58825
reported for each city, local, and exempted village school	58826
district under division (A)(3)(a) of this section attributable to	58827
a joint vocational school district.	58828

(4) The value of all real and public utility real property	58829
in the school district exempted from taxation minus both of the	58830
following:	58831

(a) The value of real and public utility real property in the	58832
district owned by the United States government and used	58833
exclusively for a public purpose;	58834

(b) The value of real and public utility real property in the	58835
district exempted from taxation under Chapter 725. or 1728. or	58836
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	58837
5709.73, or 5709.78 of the Revised Code.	58838

(5) The total federal adjusted gross income of the residents	58839
of the school district, based on tax returns filed by the	58840
residents of the district, for the most recent year for which this	58841
information is available.	58842

(6) The sum of the school district compensation value as	58843
indicated on the list of exempted property for the preceding tax	58844
year under section 5713.08 of the Revised Code as if such property	58845
had been assessed for taxation that year and the other	58846
compensation value for the school district, minus the amounts	58847
described in divisions (A)(6)(c) to (i) of this section. The	58848
portion of school district compensation value or other	58849
compensation value attributable to an incentive district exemption	58850
may be subtracted only once even if that incentive district	58851
satisfies more than one of the criteria in divisions (A)(6)(c) to	58852
(i) of this section.	58853

(a) "School district compensation value" means the aggregate	58854
value of real property in the school district exempted from	58855
taxation pursuant to an ordinance or resolution adopted under	58856
division (C) of section 5709.40, division (C) of section 5709.73,	58857
or division (B) of section 5709.78 of the Revised Code to the	58858
extent that the exempted value results in the charging of payments	58859
in lieu of taxes required to be paid to the school district under	58860
division (D)(1) or (2) of section 5709.40, division (D) of section	58861
5709.73, or division (C) of section 5709.78 of the Revised Code.	58862

(b) "Other compensation value" means the quotient that	58863
results from dividing (i) the dollar value of compensation	58864
received by the school district during the preceding tax year	58865
pursuant to division (B), (C), or (D) of section 5709.82 of the	58866
Revised Code and the amounts received pursuant to an agreement as	58867
specified in division (D)(2) of section 5709.40, division (D) of	58868
section 5709.73, or division (C) of section 5709.78 of the Revised	58869
Code to the extent those amounts were not previously reported or	58870
included in division (A)(6)(a) of this section, and so that any	58871
such amount is reported only once under division (A)(6)(b) of this	58872
section, in relation to exemptions from taxation granted pursuant	58873
to an ordinance or resolution adopted under division (C) of	58874
section 5709.40, division (C) of section 5709.73, or division (B)	58875
of section 5709.78 of the Revised Code, by (ii) the real property	58876
tax rate in effect for the preceding tax year for	58877
nonresidential/agricultural real property after making the	58878
reductions required by section 319.301 of the Revised Code.	58879

(c) The portion of school district compensation value or	58880
other compensation value that was exempted from taxation pursuant	58881
to such an ordinance or resolution for the preceding tax year, if	58882
the ordinance or resolution is adopted prior to January 1, 2006,	58883
and the legislative authority or board of township trustees or	58884
county commissioners, prior to January 1, 2006, executes a	58885
contract or agreement with a developer, whether for-profit or	58886
not-for-profit, with respect to the development of a project	58887
undertaken or to be undertaken and identified in the ordinance or	58888
resolution, and upon which parcels such project is being, or will	58889
be, undertaken;	58890

(d) The portion of school district compensation value that	58891
was exempted from taxation for the preceding tax year and for	58892
which payments in lieu of taxes for the preceding tax year were	58893
provided to the school district under division (D)(1) of section	58894
5709.40 of the Revised Code.	58895

(e) The portion of school district compensation value that	58896
was exempted from taxation for the preceding tax year pursuant to	58897
such an ordinance or resolution, if and to the extent that, on or	58898
before April 1, 2006, the fiscal officer of the municipal	58899
corporation that adopted the ordinance, or of the township or	58900
county that adopted the resolution, certifies and provides	58901
appropriate supporting documentation to the tax commissioner and	58902
the director of development that, based on hold-harmless	58903
provisions in any agreement between the school district and the	58904
legislative authority of the municipal corporation, board of	58905
township trustees, or board of county commissioners that was	58906
entered into on or before June 1, 2005, the ability or obligation	58907
of the municipal corporation, township, or county to repay bonds,	58908
notes, or other financial obligations issued or entered into prior	58909
to January 1, 2006, will be impaired, including obligations to or	58910
of any other body corporate and politic with whom the legislative	58911
authority of the municipal corporation or board of township	58912
trustees or county commissioners has entered into an agreement	58913
pertaining to the use of service payments derived from the	58914
improvements exempted;	58915

(f) The portion of school district compensation value that	58916
was exempted from taxation for the preceding tax year pursuant to	58917
such an ordinance or resolution, if the ordinance or resolution is	58918
adopted prior to January 1, 2006, in a municipal corporation with	58919
a population that exceeds one hundred thousand, as shown by the	58920
most recent federal decennial census, that includes a major	58921
employment center and that is adjacent to historically distressed	58922
neighborhoods, if the legislative authority of the municipal	58923
corporation that exempted the property prepares an economic	58924
analysis that demonstrates that all taxes generated within the	58925
incentive district accruing to the state by reason of improvements	58926
constructed within the district during its existence exceed the	58927
amount the state pays the school district under section 3317.022	58928
of the Revised Code attributable to such property exemption from	58929
the school district's recognized valuation. The analysis shall be	58930
submitted to and approved by the department of development prior	58931
to January 1, 2006, and the department shall not unreasonably	58932
withhold approval.	58933

(g) The portion of school district compensation value that	58934
was exempted from taxation for the preceding tax year under such	58935
an ordinance or resolution, if the ordinance or resolution is	58936
adopted prior to January 1, 2006, and if service payments have	58937
been pledged to be used for mixed-use riverfront entertainment	58938
development in any county with a population that exceeds six	58939
hundred thousand, as shown by the most recent federal decennial	58940
census;	58941

(h) The portion of school district compensation value that	58942
was exempted from taxation for the preceding tax year under such	58943
an ordinance or resolution, if, prior to January 1, 2006, the	58944
legislative authority of a municipal corporation, board of	58945
township trustees, or board of county commissioners has pledged	58946
service payments for a designated transportation capacity project	58947
approved by the transportation review advisory council under	58948
Chapter 5512. of the Revised Code;	58949

(i) The portion of school district compensation value that	58950
was exempted from taxation for the preceding tax year under such	58951
an ordinance or resolution if the legislative authority of a	58952
municipal corporation, board of township trustees, or board of	58953
county commissioners have, by January 1, 2006, pledged proceeds	58954
for designated transportation improvement projects that involve	58955
federal funds for which the proceeds are used to meet a local	58956
share match requirement for such funding.	58957

As used in division (A)(6) of this section, "project" has the	58958
same meaning as in section 5709.40 of the Revised Code.	58959

(7) The aggregate value of real property in the school	58960
district for which an exemption from taxation is granted by an	58961
ordinance or resolution adopted on or after January 1, 2006, under	58962
Chapter 725. or 1728., sections 3735.65 to 3735.70, or section	58963
5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised	58964
Code, as indicated on the list of exempted property for the	58965
preceding tax year under section 5713.08 of the Revised Code and	58966
as if such property had been assessed for taxation that year,	58967
minus the product determined by multiplying (a) the aggregate	58968
value of the real property in the school district exempted from	58969
taxation for the preceding tax year under any of the chapters or	58970
sections specified in this division, by (b) a fraction, the	58971
numerator of which is the difference between (i) the amount of	58972
anticipated revenue such school district would have received for	58973
the preceding tax year if the real property exempted from taxation	58974
had not been exempted from taxation and (ii) the aggregate amount	58975
of payments in lieu of taxes on the exempt real property for the	58976
preceding tax year and other compensation received for the	58977
preceding tax year by the school district pursuant to any	58978
agreements entered into on or after January 1, 2006, under section	58979
5709.82 of the Revised Code between the school district and the	58980
legislative authority of a political subdivision that acted under	58981
the authority of a chapter or statute specified in this division,	58982
that were entered into in relation to such exemption, and the	58983
denominator of which is the amount of anticipated revenue such	58984
school district would have received in the preceding fiscal year	58985
if the real property exempted from taxation had not been exempted.	58986

~~(8) For each school district receiving payments under~~	58987
~~division (B) or (C) of section 3317.0216 of the Revised Code~~	58988
~~during the current fiscal year, as included on the most recent~~	58989
~~list of such districts sent to the tax commissioner under division~~	58990
~~(F) of that section, the following:~~	58991

~~(a) The portion of the total amount of taxes charged and~~	58992
~~payable for current expenses certified under division (A)(3)(a) of~~	58993
~~this section that is attributable to each new levy approved and~~	58994
~~charged in the preceding tax year and the respective tax rate of~~	58995
~~each of those new levies;~~	58996

~~(b) The portion of the total taxes collected for current~~	58997
~~expenses under a school district income tax adopted pursuant to~~	58998
~~section 5748.03 or 5748.08 of the Revised Code, as certified under~~	58999
~~division (A)(2) of section 3317.08 of the Revised Code, that is~~	59000
~~attributable to each new school district income tax first~~	59001
~~effective in the current taxable year or in the preceding taxable~~	59002
~~year.~~	59003

(B) On or before the first day of May each year, the tax	59004
commissioner shall certify to the department of education and the	59005
office of budget and management the total taxable real property	59006
value of railroads and, separately, the total taxable tangible	59007
personal property value of all public utilities for the preceding	59008
tax year, by school district and by county of location.	59009

(C) If a public utility has properly and timely filed a	59010
petition for reassessment under section 5727.47 of the Revised	59011
Code with respect to an assessment issued under section 5727.23 of	59012
the Revised Code affecting taxable property apportioned by the tax	59013
commissioner to a school district, the taxable value of public	59014
utility tangible personal property included in the certification	59015
under divisions (A)(2) and (B) of this section for the school	59016
district shall include only the amount of taxable value on the	59017
basis of which the public utility paid tax for the preceding year	59018
as provided in division (B)(1) or (2) of section 5727.47 of the	59019
Revised Code.	59020

(D) If on the basis of the information certified under	59021
division (A) of this section, the department determines that any	59022
district fails in any year to meet the qualification requirement	59023
specified in division (A)(1) of section 3306.01 and division (A)	59024
of section 3317.01 of the Revised Code, the department shall	59025
immediately request the tax commissioner to determine the extent	59026
to which any school district income tax levied by the district	59027
under Chapter 5748. of the Revised Code shall be included in	59028
meeting that requirement. Within five days of receiving such a	59029
request from the department, the tax commissioner shall make the	59030
determination required by this division and report the quotient	59031
obtained under division (D)(3) of this section to the department	59032
and the office of budget and management. This quotient	59033
represents the number of mills that the department shall include	59034
in determining whether the district meets the qualification	59035
requirement of division (A)(1) of section 3306.01 and division (A)	59036
of section 3317.01 of the Revised Code.	59037

The tax commissioner shall make the determination required by	59038
this division as follows:	59039

(1) Multiply one mill times the total taxable value of the	59040
district as determined in divisions (A)(1) and (2) of this	59041
section;	59042

(2) Estimate the total amount of tax liability for the	59043
current tax year under taxes levied by Chapter 5748. of the	59044
Revised Code that are apportioned to current operating expenses of	59045
the district, excluding any income tax receipts allocated for the	59046
project cost, debt service, or maintenance set-aside associated	59047
with a state-assisted classroom facilities project as authorized	59048
by section 3318.052 of the Revised Code;	59049

(3) Divide the amount estimated under division (D)(2) of this	59050
section by the product obtained under division (D)(1) of this	59051
section.	59052

(E)(1) On or before June 1, 2006, and the first day of April	59053
of each year thereafter, the director of development shall report	59054
to the department of education, the tax commissioner, and the	59055
director of budget and management the total amounts of payments	59056
received by each city, local, exempted village, or joint	59057
vocational school district for the preceding tax year pursuant to	59058
division (D) of section 5709.40, division (D) of section 5709.73,	59059
division (C) of section 5709.78, or division (B)(1), (B)(2), (C),	59060
or (D) of section 5709.82 of the Revised Code in relation to	59061
exemptions from taxation granted pursuant to an ordinance adopted	59062
by the legislative authority of a municipal corporation under	59063
division (C) of section 5709.40 of the Revised Code, or a	59064
resolution adopted by a board of township trustees or board of	59065
county commissioners under division (C) of section 5709.73 or	59066
division (B) of section 5709.78 of the Revised Code, respectively.	59067
On or before April 1, 2006, and the first day of March of each	59068
year thereafter, the treasurer of each city, local, exempted	59069
village, or joint vocational school district that has entered into	59070
such an agreement shall report to the director of development the	59071
total amounts of such payments the district received for the	59072
preceding tax year as provided in this section. The state board of	59073
education, in accordance with sections 3319.31 and 3319.311 of the	59074
Revised Code, may suspend or revoke the license of a treasurer	59075
found to have willfully reported erroneous, inaccurate, or	59076
incomplete data under this division.	59077

(2) On or before April 1, 2007, and the first day of April of	59078
each year thereafter, the director of development shall report to	59079
the department of education, the tax commissioner, and the	59080
director of budget and management the total amounts of payments	59081
received by each city, local, exempted village, or joint	59082
vocational school district for the preceding tax year pursuant to	59083
divisions (B), (C), and (D) of section 5709.82 of the Revised Code	59084
in relation to exemptions from taxation granted pursuant to	59085
ordinances or resolutions adopted on or after January 1, 2006,	59086
under Chapter 725. or 1728., sections 3735.65 to 3735.70, or	59087
section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the	59088
Revised Code. On or before March 1, 2007, and the first day of	59089
March of each year thereafter, the treasurer of each city, local,	59090
exempted village, or joint vocational school district that has	59091
entered into such an agreement shall report to the director of	59092
development the total amounts of such payments the district	59093
received for the preceding tax year as provided by this section.	59094
The state board of education, in accordance with sections 3319.31	59095
and 3319.311 of the Revised Code, may suspend or revoke the	59096
license of a treasurer found to have willfully reported erroneous,	59097
inaccurate, or incomplete data under this division.	59098

Sec. 3317.022. (A)(1) The department of education shall	59099
compute and distribute state base cost funding to each eligible	59100
school district for the fiscal year, using the information	59101
obtained under section 3317.021 of the Revised Code in the	59102
calendar year in which the fiscal year begins, according to the	59103
following formula:	59104

{[the formula amount X (formula ADM +	59105

preschool scholarship ADM)] +	59106

the sum of the base funding supplements	59107

prescribed in divisions (C)(1) to (4)	59108

of section 3317.012 of the Revised Code} -	59109

[.023 x (the sum of recognized valuation	59110

and property exemption value)] +	59111

the amounts calculated for the district under	59112

sections 3317.029 and 3317.0217 of the Revised Code	59113

If the difference obtained is a negative number, the	59114
district's computation shall be zero.	59115

(2)(a) For each school district for which the tax exempt	59116
value of the district equals or exceeds twenty-five per cent of	59117
the potential value of the district, the department of education	59118
shall calculate the difference between the district's tax exempt	59119
value and twenty-five per cent of the district's potential value.	59120

(b) For each school district to which division (A)(2)(a) of	59121
this section applies, the department shall adjust the recognized	59122
valuation used in the calculation under division (A)(1) of this	59123
section by subtracting from it the amount calculated under	59124
division (A)(2)(a) of this section.	59125

(B) As used in this section:

59126

(1) The "total special education weight" for a district means	59127
the sum of the following amounts:	59128

(a) The district's category one special education ADM	59129
multiplied by the multiple specified in division (A) of section	59130
3317.013 of the Revised Code;	59131

(b) The district's category two special education ADM	59132
multiplied by the multiple specified in division (B) of section	59133
3317.013 of the Revised Code;	59134

(c) The district's category three special education ADM	59135
multiplied by the multiple specified in division (C) of section	59136
3317.013 of the Revised Code;	59137

(d) The district's category four special education ADM	59138
multiplied by the multiple specified in division (D) of section	59139
3317.013 of the Revised Code;	59140

(e) The district's category five special education ADM	59141
multiplied by the multiple specified in division (E) of section	59142
3317.013 of the Revised Code;	59143

(f) The district's category six special education ADM	59144
multiplied by the multiple specified in division (F) of section	59145
3317.013 of the Revised Code.	59146

(2) ~~"State share percentage" means the percentage calculated~~	59147
~~for a district as follows:~~	59148

~~(a) Calculate the state base cost funding amount for the~~	59149
~~district for the fiscal year under division (A) of this section.~~	59150
~~If the district would not receive any state base cost funding for~~	59151
~~that year under that division, the district's state share~~	59152
~~percentage is zero.~~	59153

~~(b) If the district would receive state base cost funding~~	59154
~~under that division, divide that amount by an amount equal to the~~	59155
~~following:~~	59156

~~(the formula amount X formula ADM) +~~	59157

~~the sum of the base funding supplements~~	59158

~~prescribed in divisions (C)(1) to (4)~~	59159

~~of section 3317.012 of the Revised Code +~~	59160

~~the sum of the amounts calculated for the district under~~	59161

~~sections 3317.029 and 3317.0217 of the Revised Code~~	59162

~~The resultant number is the district's state share~~	59163
~~percentage.~~	59164

~~(3)~~ "Related services" includes:

59165

(a) Child study, special education supervisors and	59166
coordinators, speech and hearing services, adaptive physical	59167
development services, occupational or physical therapy, teacher	59168
assistants for children with disabilities whose disabilities are	59169
described in division (B) of section 3317.013 or division (F)(3)	59170
of section 3317.02 of the Revised Code, behavioral intervention,	59171
interpreter services, work study, nursing services, and	59172
specialized integrative services as those terms are defined by	59173
the department;	59174

(b) Speech and language services provided to any student with	59175
a disability, including any student whose primary or only	59176
disability is a speech and language disability;	59177

(c) Any related service not specifically covered by other	59178
state funds but specified in federal law, including but not	59179
limited to, audiology and school psychological services;	59180

(d) Any service included in units funded under former	59181
division (O)(1) of section 3317.024 of the Revised Code;	59182

(e) Any other related service needed by children with	59183
disabilities in accordance with their individualized education	59184
programs.	59185

~~(4)~~(3) The "total vocational education weight" for a district	59186
means the sum of the following amounts:	59187

(a) The district's category one vocational education ADM	59188
multiplied by the multiple specified in division (A) of section	59189
3317.014 of the Revised Code;	59190

(b) The district's category two vocational education ADM	59191
multiplied by the multiple specified in division (B) of section	59192
3317.014 of the Revised Code.	59193

~~(5)~~(4) "Preschool scholarship ADM" means the number of	59194
preschool children with disabilities reported under division	59195
(B)(3)(h) of section 3317.03 of the Revised Code.	59196

(C)(1) The department shall compute and distribute state	59197
special education and related services additional weighted costs	59198
funds to each school district in accordance with the following	59199
formula:	59200

The district's state share percentage X	59201

the formula amount for the year for which	59202

the aid is calculated X the district's	59203

total special education weight	59204

(2) The attributed local share of special education and	59205
related services additional weighted costs equals:	59206

(1 - the district's state share percentage) X the district's	59207

total special education weight X the formula amount	59208

(3)(a) The department shall compute and pay in accordance	59209
with this division additional state aid to school districts for	59210
students in categories two through six special education ADM. If a	59211
district's costs for the fiscal year for a student in its	59212
categories two through six special education ADM exceed the	59213
threshold catastrophic cost for serving the student, the district	59214
may submit to the superintendent of public instruction	59215
documentation, as prescribed by the superintendent, of all its	59216
costs for that student. Upon submission of documentation for a	59217
student of the type and in the manner prescribed, the department	59218
shall pay to the district an amount equal to the sum of the	59219
following:	59220

(i) One-half of the district's costs for the student in	59221
excess of the threshold catastrophic cost;	59222

(ii) The product of one-half of the district's costs for the	59223
student in excess of the threshold catastrophic cost multiplied by	59224
the district's state share percentage.	59225

(b) For purposes of division (C)(3)(a) of this section, the	59226
threshold catastrophic cost for serving a student equals:	59227

(i) For a student in the school district's category two,	59228
three, four, or five special education ADM, twenty-seven thousand	59229
three hundred seventy-five dollars ~~in fiscal years 2008 and 2009~~;	59230

(ii) For a student in the district's category six special	59231
education ADM, thirty-two thousand eight hundred fifty dollars in	59232
~~fiscal years 2008 and 2009~~.	59233

(c) The district shall only report under division (C)(3)(a)	59234
of this section, and the department shall only pay for, the costs	59235
of educational expenses and the related services provided to the	59236
student in accordance with the student's individualized education	59237
program. Any legal fees, court costs, or other costs associated	59238
with any cause of action relating to the student may not be	59239
included in the amount.	59240

(4)(a) As used in this division, the "personnel allowance"	59241
means thirty thousand dollars in fiscal years 2008 and 2009.	59242

(b) For the provision of speech language pathology services	59243
to students, including students who do not have individualized	59244
education programs prepared for them under Chapter 3323. of the	59245
Revised Code, and for no other purpose, the department of	59246
education shall pay each school district an amount calculated	59247
under the following formula:	59248

(formula ADM divided by 2000) X	59249

the personnel allowance X	59250

the state share percentage	59251

(5) In any fiscal year, a school district shall spend for	59252
purposes that the department designates as approved for special	59253
education and related services expenses at least the amount	59254
calculated as follows:	59255

(formula amount X the sum of categories	59256

one through six special education ADM) +	59257

(total special education weight X formula amount)	59258

The purposes approved by the department for special education	59259
expenses shall include, but shall not be limited to,	59260
identification of children with disabilities, compliance with	59261
state rules governing the education of children with disabilities	59262
and prescribing the continuum of program options for children	59263
with disabilities, provision of speech language pathology	59264
services, and the portion of the school district's overall	59265
administrative and overhead costs that are attributable to the	59266
district's special education student population.	59267

The scholarships deducted from the school district's account	59268
under section 3310.41 of the Revised Code shall be considered to	59269
be an approved special education and related services expense for	59270
the purpose of the school district's compliance with division	59271
(C)(5) of this section.	59272

The department shall require school districts to report data	59273
annually to allow for monitoring compliance with division (C)(5)	59274
of this section. The department shall annually report to the	59275
governor and the general assembly the amount of money spent by	59276
each school district for special education and related services.	59277

(6) In any fiscal year, a school district shall spend for the	59278
provision of speech language pathology services not less than the	59279
sum of the amount calculated under division (C)(1) of this section	59280
for the students in the district's category one special education	59281
ADM and the amount calculated under division (C)(4) of this	59282
section.	59283

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

59284

(a) "Daily bus miles per student" equals the number of bus	59285
miles traveled per day, divided by transportation base.	59286

(b) "Transportation base" equals total student count as	59287
defined in section 3301.011 of the Revised Code, minus the number	59288
of students enrolled in units for preschool children with	59289
disabilities, plus the number of nonpublic school students	59290
included in transportation ADM.	59291

(c) "Transported student percentage" equals transportation	59292
ADM divided by transportation base.	59293

(d) "Transportation cost per student" equals total operating	59294
costs for board-owned or contractor-operated school buses divided	59295
by transportation base.	59296

(2) Analysis of student transportation cost data has resulted	59297
in a finding that an average efficient transportation use cost per	59298
student can be calculated by means of a regression formula that	59299
has as its two independent variables the number of daily bus miles	59300
per student and the transported student percentage. For fiscal	59301
year 1998 transportation cost data, the average efficient	59302
transportation use cost per student is expressed as follows:	59303

51.79027 + (139.62626 X daily bus miles per student) +	59304

(116.25573 X transported student percentage)	59305

The department of education shall annually determine the	59306
average efficient transportation use cost per student in	59307
accordance with the principles stated in division (D)(2) of this	59308
section, updating the intercept and regression coefficients of the	59309
regression formula modeled in this division, based on an annual	59310
statewide analysis of each school district's daily bus miles per	59311
student, transported student percentage, and transportation cost	59312
per student data. The department shall conduct the annual update	59313
using data, including daily bus miles per student, transported	59314
student percentage, and transportation cost per student data, from	59315
the prior fiscal year. The department shall notify the office of	59316
budget and management of such update by the fifteenth day of	59317
February of each year.	59318

(3) In addition to funds paid under divisions (A), (C), and	59319
(E) of this section, each district with a transported student	59320
percentage greater than zero shall receive a payment equal to a	59321
percentage of the product of the district's transportation base	59322
from the prior fiscal year times the annually updated average	59323
efficient transportation use cost per student, times an inflation	59324
factor of two and eight-tenths per cent to account for the	59325
one-year difference between the data used in updating the formula	59326
and calculating the payment and the year in which the payment is	59327
made. The percentage shall be the following percentage of that	59328
product specified for the corresponding fiscal year:	59329

FISCAL YEAR	PERCENTAGE	59330
2000	52.5%	59331
2001	55%	59332
2002	57.5%	59333
2003 and thereafter	The greater of 60% or the district's state share percentage	59334

The payments made under division (D)(3) of this section each	59335
year shall be calculated based on all of the same prior year's	59336
data used to update the formula.	59337

(4) In addition to funds paid under divisions (D)(2) and (3)	59338
of this section, a school district shall receive a rough road	59339
subsidy if both of the following apply:	59340

(a) Its county rough road percentage is higher than the	59341
statewide rough road percentage, as those terms are defined in	59342
division (D)(5) of this section;	59343

(b) Its district student density is lower than the statewide	59344
student density, as those terms are defined in that division.	59345

(5) The rough road subsidy paid to each district meeting the	59346
qualifications of division (D)(4) of this section shall be	59347
calculated in accordance with the following formula:	59348

(per rough mile subsidy X total rough road miles)	59349

X density multiplier	59350

where:

59351

(a) "Per rough mile subsidy" equals the amount calculated in	59352
accordance with the following formula:	59353

0.75 - {0.75 X [(maximum rough road percentage -	59354

county rough road percentage)/(maximum rough road	59355

percentage - statewide rough road percentage)]}	59356

(i) "Maximum rough road percentage" means the highest county	59357
rough road percentage in the state.	59358

(ii) "County rough road percentage" equals the percentage of	59359
the mileage of state, municipal, county, and township roads that	59360
is rated by the department of transportation as type A, B, C, E2,	59361
or F in the county in which the school district is located or, if	59362
the district is located in more than one county, the county to	59363
which it is assigned for purposes of determining its	59364
cost-of-doing-business factor.	59365

(iii) "Statewide rough road percentage" means the percentage	59366
of the statewide total mileage of state, municipal, county, and	59367
township roads that is rated as type A, B, C, E2, or F by the	59368
department of transportation.	59369

(b) "Total rough road miles" means a school district's total	59370
bus miles traveled in one year times its county rough road	59371
percentage.	59372

(c) "Density multiplier" means a figure calculated in	59373
accordance with the following formula:	59374

1 - [(minimum student density - district student	59375

density)/(minimum student density -	59376

statewide student density)]	59377

(i) "Minimum student density" means the lowest district	59378
student density in the state.	59379

(ii) "District student density" means a school district's	59380
transportation base divided by the number of square miles in the	59381
district.	59382

(iii) "Statewide student density" means the sum of the	59383
transportation bases for all school districts divided by the sum	59384
of the square miles in all school districts.	59385

(6) In addition to funds paid under divisions (D)(2) to (5)	59386
of this section, each district shall receive in accordance with	59387
rules adopted by the state board of education a payment for	59388
students transported by means other than board-owned or	59389
contractor-operated buses and whose transportation is not funded	59390
under division (G) of section 3317.024 of the Revised Code. The	59391
rules shall include provisions for school district reporting of	59392
such students.	59393

(E)(1) The department shall compute and distribute state	59394
vocational education additional weighted costs funds to each	59395
school district in accordance with the following formula:	59396

state share percentage X	59397

the formula amount X	59398

total vocational education weight	59399

In any fiscal year, a school district receiving funds under	59400
division (E)(1) of this section shall spend those funds only for	59401
the purposes that the department designates as approved for	59402
vocational education expenses. Vocational educational expenses	59403
approved by the department shall include only expenses connected	59404
to the delivery of career-technical programming to	59405
career-technical students. The department shall require the school	59406
district to report data annually so that the department may	59407
monitor the district's compliance with the requirements regarding	59408
the manner in which funding received under division (E)(1) of this	59409
section may be spent.	59410

(2) The department shall compute for each school district	59411
state funds for vocational education associated services in	59412
accordance with the following formula:	59413

state share percentage X .05 X the formula amount X	59414

the sum of categories one and two vocational education ADM	59415

In any fiscal year, a school district receiving funds under	59416
division (E)(2) of this section, or through a transfer of funds	59417
pursuant to division (L) of section 3317.023 of the Revised Code,	59418
shall spend those funds only for the purposes that the department	59419
designates as approved for vocational education associated	59420
services expenses, which may include such purposes as	59421
apprenticeship coordinators, coordinators for other vocational	59422
education services, vocational evaluation, and other purposes	59423
designated by the department. The department may deny payment	59424
under division (E)(2) of this section to any district that the	59425
department determines is not operating those services or is using	59426
funds paid under division (E)(2) of this section, or through a	59427
transfer of funds pursuant to division (L) of section 3317.023 of	59428
the Revised Code, for other purposes.	59429

(F) The actual local share in any fiscal year for the	59430
combination of special education and related services additional	59431
weighted costs funding calculated under division (C)(1) of this	59432
section, transportation funding calculated under divisions (D)(2)	59433
and (3) of this section, and vocational education and associated	59434
services additional weighted costs funding calculated under	59435
divisions (E)(1) and (2) of this section shall not exceed for any	59436
school district the product of three and three-tenths mills times	59437
the district's recognized valuation. The department annually shall	59438
pay each school district as an excess cost supplement any amount	59439
by which the sum of the district's attributed local shares for	59440
that funding exceeds that product. For purposes of calculating the	59441
excess cost supplement:	59442

(1) The attributed local share for special education and	59443
related services additional weighted costs funding is the amount	59444
specified in division (C)(2) of this section.	59445

(2) The attributed local share of transportation funding	59446
equals the difference of the total amount calculated for the	59447
district using the formula developed under division (D)(2) of this	59448
section minus the actual amount paid to the district after	59449
applying the percentage specified in division (D)(3) of this	59450
section.	59451

(3) The attributed local share of vocational education and	59452
associated services additional weighted costs funding is the	59453
amount determined as follows:	59454

(1 - state share percentage) X	59455

[(total vocational education weight X	59456

the formula amount) + the payment under	59457

division (E)(2) of this section]	59458

Sec. 3317.023. (A) ~~Notwithstanding section 3317.022 of the~~	59459
~~Revised Code, the~~The amounts required to be paid to a district	59460
under this chapter and Chapter 3306. of the Revised Code shall be	59461
adjusted by the amount of the computations made under divisions	59462
(B) to (N) of this section. The department of education shall not	59463
make payments or adjustments under divisions (B), (C), and (D) of	59464
this section for any fiscal year after fiscal year 2009.	59465

As used in this section:

59466

(1) "Classroom teacher" means a licensed employee who	59467
provides direct instruction to pupils, excluding teachers funded	59468
from money paid to the district from federal sources; educational	59469
service personnel; and vocational and special education teachers.	59470

(2) "Educational service personnel" shall not include such	59471
specialists funded from money paid to the district from federal	59472
sources or assigned full-time to vocational or special education	59473
students and classes and may only include those persons employed	59474
in the eight specialist areas in a pattern approved by the	59475
department of education under guidelines established by the state	59476
board of education.	59477

(3) "Annual salary" means the annual base salary stated in	59478
the state minimum salary schedule for the performance of the	59479
teacher's regular teaching duties that the teacher earns for	59480
services rendered for the first full week of October of the fiscal	59481
year for which the adjustment is made under division (C) of this	59482
section. It shall not include any salary payments for supplemental	59483
teachers contracts.	59484

(4) "Regular student population" means the formula ADM plus	59485
the number of students reported as enrolled in the district	59486
pursuant to division (A)(1) of section 3313.981 of the Revised	59487
Code; minus the number of students reported under division (A)(2)	59488
of section 3317.03 of the Revised Code; minus the FTE of students	59489
reported under division (B)(6), (7), (8), (9), (10), (11), or (12)	59490
of that section who are enrolled in a vocational education class	59491
or receiving special education; and minus twenty per cent of the	59492
students enrolled concurrently in a joint vocational school	59493
district.	59494

(5) ~~"State share percentage" has the same meaning as in~~	59495
~~section 3317.022 of the Revised Code.~~	59496

~~(6)~~ "VEPD" means a school district or group of school	59497
districts designated by the department of education as being	59498
responsible for the planning for and provision of vocational	59499
education services to students within the district or group.	59500

~~(7)~~(6) "Lead district" means a school district, including a	59501
joint vocational school district, designated by the department as	59502
a VEPD, or designated to provide primary vocational education	59503
leadership within a VEPD composed of a group of districts.	59504

(B) If the district employs less than one full-time	59505
equivalent classroom teacher for each twenty-five pupils in the	59506
regular student population in any school district, deduct the sum	59507
of the amounts obtained from the following computations:	59508

(1) Divide the number of the district's full-time equivalent	59509
classroom teachers employed by one twenty-fifth;	59510

(2) Subtract the quotient in (1) from the district's regular	59511
student population;	59512

(3) Multiply the difference in (2) by seven hundred fifty-two	59513
dollars.	59514

(C) If a positive amount, add one-half of the amount obtained	59515
by multiplying the number of full-time equivalent classroom	59516
teachers by:	59517

(1) The mean annual salary of all full-time equivalent	59518
classroom teachers employed by the district at their respective	59519
training and experience levels minus;	59520

(2) The mean annual salary of all such teachers at their	59521
respective levels in all school districts receiving payments under	59522
this section.	59523

The number of full-time equivalent classroom teachers used in	59524
this computation shall not exceed one twenty-fifth of the	59525
district's regular student population. In calculating the	59526
district's mean salary under this division, those full-time	59527
equivalent classroom teachers with the highest training level	59528
shall be counted first, those with the next highest training level	59529
second, and so on, in descending order. Within the respective	59530
training levels, teachers with the highest years of service shall	59531
be counted first, the next highest years of service second, and so	59532
on, in descending order.	59533

(D) This division does not apply to a school district that	59534
has entered into an agreement under division (A) of section	59535
3313.42 of the Revised Code. Deduct the amount obtained from the	59536
following computations if the district employs fewer than five	59537
full-time equivalent educational service personnel, including	59538
elementary school art, music, and physical education teachers,	59539
counselors, librarians, visiting teachers, school social workers,	59540
and school nurses for each one thousand pupils in the regular	59541
student population:	59542

(1) Divide the number of full-time equivalent educational	59543
service personnel employed by the district by five	59544
one-thousandths;	59545

(2) Subtract the quotient in (1) from the district's regular	59546
student population;	59547

(3) Multiply the difference in (2) by ninety-four dollars.

59548

(E) If a local school district, or a city or exempted village	59549
school district to which a governing board of an educational	59550
service center provides services pursuant to section 3313.843 of	59551
the Revised Code, deduct the amount of the payment required for	59552
the reimbursement of the governing board under section 3317.11 of	59553
the Revised Code.	59554

(F)(1) If the district is required to pay to or entitled to	59555
receive tuition from another school district under division (C)(2)	59556
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	59557
or if the superintendent of public instruction is required to	59558
determine the correct amount of tuition and make a deduction or	59559
credit under section 3317.08 of the Revised Code, deduct and	59560
credit such amounts as provided in division (J) of section 3313.64	59561
or section 3317.08 of the Revised Code.	59562

(2) For each child for whom the district is responsible for	59563
tuition or payment under division (A)(1) of section 3317.082 or	59564
section 3323.091 of the Revised Code, deduct the amount of tuition	59565
or payment for which the district is responsible.	59566

(G) If the district has been certified by the superintendent	59567
of public instruction under section 3313.90 of the Revised Code as	59568
not in compliance with the requirements of that section, deduct an	59569
amount equal to ten per cent of the amount computed for the	59570
district under ~~section 3317.022~~Chapter 3306. of the Revised Code.	59571

(H) If the district has received a loan from a commercial	59572
lending institution for which payments are made by the	59573
superintendent of public instruction pursuant to division (E)(3)	59574
of section 3313.483 of the Revised Code, deduct an amount equal to	59575
such payments.	59576

(I)(1) If the district is a party to an agreement entered	59577
into under division (D), (E), or (F) of section 3311.06 or	59578
division (B) of section 3311.24 of the Revised Code and is	59579
obligated to make payments to another district under such an	59580
agreement, deduct an amount equal to such payments if the district	59581
school board notifies the department in writing that it wishes to	59582
have such payments deducted.	59583

(2) If the district is entitled to receive payments from	59584
another district that has notified the department to deduct such	59585
payments under division (I)(1) of this section, add the amount of	59586
such payments.	59587

(J) If the district is required to pay an amount of funds to	59588
a cooperative education district pursuant to a provision described	59589
by division (B)(4) of section 3311.52 or division (B)(8) of	59590
section 3311.521 of the Revised Code, deduct such amounts as	59591
provided under that provision and credit those amounts to the	59592
cooperative education district for payment to the district under	59593
division (B)(1) of section 3317.19 of the Revised Code.	59594

(K)(1) If a district is educating a student entitled to	59595
attend school in another district pursuant to a shared education	59596
contract, compact, or cooperative education agreement other than	59597
an agreement entered into pursuant to section 3313.842 of the	59598
Revised Code, credit to that educating district on an FTE basis	59599
both of the following:	59600

(a) An amount equal to the ~~sum of the~~ formula amount ~~plus~~	59601
~~the per pupil amount of the base funding supplements specified in~~	59602
~~divisions (C)(1) to (4) of section 3317.012 of the Revised Code~~.	59603

(b) An amount equal to the current formula amount times the	59604
state share percentage times any multiple applicable to the	59605
student pursuant to section ~~3317.013 or 3317.014~~3306.11 of the	59606
Revised Code.	59607

(2) Deduct any amount credited pursuant to division (K)(1) of	59608
this section from amounts paid to the school district in which the	59609
student is entitled to attend school pursuant to section 3313.64	59610
or 3313.65 of the Revised Code.	59611

(3) If the district is required by a shared education	59612
contract, compact, or cooperative education agreement to make	59613
payments to an educational service center, deduct the amounts from	59614
payments to the district and add them to the amounts paid to the	59615
service center pursuant to section 3317.11 of the Revised Code.	59616

(L)(1) If a district, including a joint vocational school	59617
district, is a lead district of a VEPD, credit to that district	59618
the amounts calculated for all the school districts within that	59619
VEPD pursuant to division (E)(2) of section 3317.022 of the	59620
Revised Code.	59621

(2) Deduct from each appropriate district that is not a lead	59622
district, the amount attributable to that district that is	59623
credited to a lead district under division (L)(1) of this section.	59624

(M) If the department pays a joint vocational school district	59625
under division (G)(4) of section 3317.16 of the Revised Code for	59626
excess costs of providing special education and related services	59627
to a student with a disability, as calculated under division	59628
(G)(2) of that section, the department shall deduct the amount of	59629
that payment from the city, local, or exempted village school	59630
district that is responsible as specified in that section for the	59631
excess costs.	59632

(N)(1) If the district reports an amount of excess cost for	59633
special education services for a child under division (C) of	59634
section 3323.14 of the Revised Code, the department shall pay that	59635
amount to the district.	59636

(2) If the district reports an amount of excess cost for	59637
special education services for a child under division (C) of	59638
section 3323.14 of the Revised Code, the department shall deduct	59639
that amount from the district of residence of that child.	59640

Sec. 3317.024. ~~In addition to the moneys paid to eligible~~	59641
~~school districts pursuant to section 3317.022 of the Revised Code,~~	59642
~~moneys appropriated for the education programs in divisions (A) to~~	59643
~~(I), (K), (L), and (N) of this section shall be distributed to~~	59644
~~school districts meeting the requirements of section 3317.01 of~~	59645
~~the Revised Code; in the case of divisions (G) and (L) of this~~	59646
~~section, to educational service centers as provided in section~~	59647
~~3317.11 of the Revised Code; in the case of divisions (D) and (J)~~	59648
~~of this section, to county MR/DD boards; in the case of division~~	59649
~~(N) of this section, to joint vocational school districts; in the~~	59650
~~case of division (H) of this section, to cooperative education~~	59651
~~school districts; and in the case of division (M) of this section,~~	59652
~~to the institutions defined under section 3317.082 of the Revised~~	59653
~~Code providing elementary or secondary education programs to~~	59654
~~children other than children receiving special education under~~	59655
~~section 3323.091 of the Revised Code.~~ The following shall be	59656
distributed monthly, quarterly, or annually as may be determined	59657
by the state board of education, except that the department of	59658
education shall not make payments under divisions (F), (L), and	59659
(N) of this section for any fiscal year after fiscal year 2009:	59660

(A) An amount for each island school district and each joint	59661
state school district for the operation of each high school and	59662
each elementary school maintained within such district and for	59663
capital improvements for such schools. Such amounts shall be	59664
determined on the basis of standards adopted by the state board of	59665
education.	59666

(B) An amount for each school district operating classes for	59667
children of migrant workers who are unable to be in attendance in	59668
an Ohio school during the entire regular school year. The amounts	59669
shall be determined on the basis of standards adopted by the state	59670
board of education, except that payment shall be made only for	59671
subjects regularly offered by the school district providing the	59672
classes.	59673

(C) An amount for each school district with guidance,	59674
testing, and counseling programs approved by the state board of	59675
education. The amount shall be determined on the basis of	59676
standards adopted by the state board of education.	59677

(D) An amount for the emergency purchase of school buses as	59678
provided for in section 3317.07 of the Revised Code;	59679

(E) An amount for each school district required to pay	59680
tuition for a child in an institution maintained by the department	59681
of youth services pursuant to section 3317.082 of the Revised	59682
Code, provided the child was not included in the calculation of	59683
the district's average daily membership for the preceding school	59684
year.	59685

(F) An amount for adult basic literacy education for each	59686
district participating in programs approved by the state board of	59687
education. The amount shall be determined on the basis of	59688
standards adopted by the state board of education.	59689

(G) An amount for the approved cost of transporting eligible	59690
pupils with disabilities attending a special education program	59691
approved by the department of education whom it is impossible or	59692
impractical to transport by regular school bus in the course of	59693
regular route transportation provided by the district or service	59694
center. No district or service center is eligible to receive a	59695
payment under this division for the cost of transporting any pupil	59696
whom it transports by regular school bus and who is included in	59697
the district's transportation ADM. The state board of education	59698
shall establish standards and guidelines for use by the department	59699
of education in determining the approved cost of such	59700
transportation for each district or service center.	59701

(H) An amount to each school district, including each	59702
cooperative education school district, pursuant to section 3313.81	59703
of the Revised Code to assist in providing free lunches to needy	59704
children and an amount to assist needy school districts in	59705
purchasing necessary equipment for food preparation. The amounts	59706
shall be determined on the basis of rules adopted by the state	59707
board of education.	59708

(I) An amount to each school district, for each pupil	59709
attending a chartered nonpublic elementary or high school within	59710
the district. The amount shall equal the amount appropriated for	59711
the implementation of section 3317.06 of the Revised Code divided	59712
by the average daily membership in grades kindergarten through	59713
twelve in nonpublic elementary and high schools within the state	59714
as determined during the first full week in October of each school	59715
year.	59716

(J) An amount for each county MR/DD board, distributed on the	59717
basis of standards adopted by the state board of education, for	59718
the approved cost of transportation required for children	59719
attending special education programs operated by the county MR/DD	59720
board under section 3323.09 of the Revised Code;	59721

(K) An amount for each school district that establishes a	59722
mentor teacher program that complies with rules of the state board	59723
of education. No school district shall be required to establish or	59724
maintain such a program in any year unless sufficient funds are	59725
appropriated to cover the district's total costs for the program.	59726

(L) An amount to each school district or educational service	59727
center for the total number of gifted units approved pursuant to	59728
section 3317.05 of the Revised Code. The amount for each such unit	59729
shall be the sum of the minimum salary for the teacher of the	59730
unit, calculated on the basis of the teacher's training level and	59731
years of experience pursuant to the salary schedule prescribed in	59732
the version of section 3317.13 of the Revised Code in effect prior	59733
to July 1, 2001, plus fifteen per cent of that minimum salary	59734
amount, plus two thousand six hundred seventy-eight dollars.	59735

(M) An amount to each institution defined under section	59736
3317.082 of the Revised Code providing elementary or secondary	59737
education to children other than children receiving special	59738
education under section 3323.091 of the Revised Code. This amount	59739
for any institution in any fiscal year shall equal the total of	59740
all tuition amounts required to be paid to the institution under	59741
division (A)(1) of section 3317.082 of the Revised Code.	59742

(N) A grant to each school district and joint vocational	59743
school district that operates a "graduation, reality, and	59744
dual-role skills" (GRADS) program for pregnant and parenting	59745
students that is approved by the department. The amount of the	59746
payment shall be the district's state share percentage, as defined	59747
in section 3317.022 or 3317.16 of the Revised Code, times the	59748
GRADS personnel allowance times the full-time-equivalent number of	59749
GRADS teachers approved by the department. The GRADS personnel	59750
allowance is $47,555 in fiscal years 2008 and 2009. The GRADS	59751
program shall include instruction on adoption as an option for	59752
unintended pregnancies.	59753

The state board of education or any other board of education	59754
or governing board may provide for any resident of a district or	59755
educational service center territory any educational service for	59756
which funds are made available to the board by the United States	59757
under the authority of public law, whether such funds come	59758
directly or indirectly from the United States or any agency or	59759
department thereof or through the state or any agency, department,	59760
or political subdivision thereof.	59761

Sec. 3317.025. On or before the first day of June of each	59762
year, the tax commissioner shall certify the following information	59763
to the department of education and the office of budget and	59764
management, for each school district in which the value of the	59765
property described under division (A) of this section exceeds one	59766
per cent of the taxable value of all real and tangible personal	59767
property in the district or in which is located tangible personal	59768
property designed for use or used in strip mining operations,	59769
whose taxable value exceeds five million dollars, and the taxes	59770
upon which the district is precluded from collecting by virtue of	59771
legal proceedings to determine the value of such property:	59772

(A) The total taxable value of all property in the district	59773
owned by a public utility or railroad that has filed a petition	59774
for reorganization under the "Bankruptcy Act," 47 Stat. 1474	59775
(1898), 11 U.S.C. 205, as amended, and all tangible personal	59776
property in the district designed for use or used in strip mining	59777
operations whose taxable value exceeds five million dollars upon	59778
which have not been paid in full on or before the first day of	59779
April of that calendar year all real and tangible personal	59780
property taxes levied for the preceding calendar year and which	59781
the district was precluded from collecting by virtue of	59782
proceedings under section 205 of said act or by virtue of legal	59783
proceedings to determine the tax liability of such strip mining	59784
equipment;	59785

(B) The percentage of the total operating taxes charged and	59786
payable for school district purposes levied against such valuation	59787
for the preceding calendar year that have not been paid by such	59788
date;	59789

(C) The product obtained by multiplying the value certified	59790
under division (A) of this section by the percentage certified	59791
under division (B) of this section. If the value certified under	59792
division (A) of this section includes taxable property owned by a	59793
public utility or railroad that has filed a petition for	59794
reorganization under the bankruptcy act, the amount used in making	59795
the calculation under this division shall be reduced by one per	59796
cent of the total value of all real and tangible personal property	59797
in the district or the value of the utility's or railroad's	59798
property, whichever is less.	59799

Upon receipt of the certification, the department shall	59800
recompute the payments required under ~~section 3317.022~~Chapter	59801
3306. of the Revised Code in the manner the payments would have	59802
been computed if:	59803

(1) The amount certified under division (C) of this section	59804
was not subject to taxation by the district and was not included	59805
in the certification made under division (A)(1), (A)(2), or (D) of	59806
section 3317.021 of the Revised Code.	59807

(2) The amount of taxes charged and payable and unpaid and	59808
used to make the computation under division (B) of this section	59809
had not been levied and had not been used in the computation	59810
required by division (B) of section 3317.021 of the Revised Code.	59811
The department shall pay the district that amount in the ensuing	59812
fiscal year in lieu of the amounts computed under ~~section 3317.022~~	59813
Chapter 3306. of the Revised Code.	59814

If a school district received a grant from the catastrophic	59815
expenditures account pursuant to division (C) of section 3316.20	59816
of the Revised Code on the basis of the same circumstances for	59817
which a recomputation is made under this section, the amount of	59818
the recomputation shall be reduced and transferred in accordance	59819
with division (C) of section 3316.20 of the Revised Code.	59820

Sec. 3317.0210. (A) As used in this section:

59821

(1) "Bankruptcy Reform Act" means the "Bankruptcy Reform Act	59822
of 1978," 92 Stat. 2558, 11 U.S.C. 301, as amended.	59823

(2) "Chapter 11 corporation" means a corporation, company, or	59824
other business organization that has filed a petition for	59825
reorganization under Chapter 11 of the "Bankruptcy Reform Act," 92	59826
Stat. 2626, 11 U.S.C. 1101, as amended.	59827

(3) "Uncollectable taxes" means property taxes payable in a	59828
calendar year by a Chapter 11 corporation on its property that a	59829
school district is precluded from collecting by virtue of	59830
proceedings under the Bankruptcy Reform Act.	59831

(4) "Basic state aid" means the state aid calculated for a	59832
school district under ~~section 3317.022~~Chapter 3306. of the	59833
Revised Code.	59834

(5) "Effective value" means the amount obtained by	59835
multiplying the total taxable value certified in a calendar year	59836
under section 3317.021 of the Revised Code by a fraction, the	59837
numerator of which is the total taxes charged and payable in that	59838
calendar year exclusive of the uncollectable taxes payable in that	59839
year, and the denominator of which is the total taxes charged and	59840
payable in that year.	59841

(6) "Total taxes charged and payable" has the same meaning	59842
given "taxes charged and payable" in section 3317.02 of the	59843
Revised Code.	59844

(B)(1) Between the first day of January and the first day of	59845
February of any year, a school district shall notify the	59846
department of education if it has uncollectable taxes payable in	59847
the preceding calendar year from one Chapter 11 corporation.	59848

(2) The department shall verify whether the district has such	59849
uncollectable taxes from such a corporation, and if the district	59850
does, shall immediately request the tax commissioner to certify	59851
the district's total taxes charged and payable in the preceding	59852
calendar year, and the tax commissioner shall certify that	59853
information to the department within thirty days after receiving	59854
the request. For the purposes of this section, taxes are payable	59855
in the calendar year that includes the day prescribed by law for	59856
their payment, including any lawful extension thereof.	59857

(C) Upon receiving the certification from the tax	59858
commissioner, the department shall determine whether the amount of	59859
uncollectable taxes from the corporation equals at least one per	59860
cent of the total taxes charged and payable as certified by the	59861
tax commissioner. If it does, the department shall compute the	59862
district's effective value and shall recompute the basic state aid	59863
payable to the district for the current fiscal year using the	59864
effective value in lieu of the total taxable value used to compute	59865
the basic state aid for the current fiscal year. The difference	59866
between the basic state aid amount originally computed for the	59867
district for the current fiscal year and the recomputed amount	59868
shall be paid to the district from the lottery profits education	59869
fund before the end of the current fiscal year.	59870

(D) Except as provided in division (E) of this section,	59871
amounts received by a school district under division (C) of this	59872
section shall be repaid to the department of education in any	59873
future year to the extent the district receives payments of	59874
uncollectable taxes in such future year. The district shall notify	59875
the department of any amount owed under this division.	59876

(E) If a school district received a grant from the	59877
catastrophic expenditures account pursuant to division (C) of	59878
section 3316.20 of the Revised Code on the basis of the same	59879
circumstances for which a recomputation is made under this	59880
section, the amount of the recomputation shall be reduced and	59881
transferred in accordance with division (C) of section 3316.20 of	59882
the Revised Code.	59883

Sec. 3317.0211. (A) As used in this section:

59884

(1) "Port authority" means any port authority as defined in	59885
section 4582.01 or 4582.21 of the Revised Code.	59886

(2) "Real property" includes public utility real property and	59887
"personal property" includes public utility personal property.	59888

(3) "Uncollected taxes" means property taxes charged and	59889
payable against the property of a port authority for a tax year	59890
that a school district has not collected.	59891

(4) "Basic state aid" means the state aid calculated for a	59892
school district under ~~section 3317.022~~Chapter 3306. of the	59893
Revised Code.	59894

(5) "Effective value" means the sum of the effective	59895
residential/agricultural real property value, the effective	59896
nonresidential/agricultural real property value, and the effective	59897
personal value.	59898

(6) "Effective residential/agricultural real property value"	59899
means, for a tax year, the amount obtained by multiplying the	59900
value for that year of residential/agricultural real property	59901
subject to taxation in the district by a fraction, the numerator	59902
of which is the total taxes charged and payable for that year	59903
against the residential/agricultural real property subject to	59904
taxation in the district, exclusive of the uncollected taxes for	59905
that year on all real property subject to taxation in the	59906
district, and the denominator of which is the total taxes charged	59907
and payable for that year against the residential/agricultural	59908
real property subject to taxation in the district.	59909

(7) "Effective nonresidential/agricultural real property	59910
value" means, for a tax year, the amount obtained by multiplying	59911
the value for that year of nonresidential/agricultural real	59912
property subject to taxation in the district by a fraction, the	59913
numerator of which is the total taxes charged and payable for that	59914
year against the nonresidential/agricultural real property subject	59915
to taxation in the district, exclusive of the uncollected taxes	59916
for that year on all real property subject to taxation in the	59917
district, and the denominator of which is the total taxes charged	59918
and payable for that year against the nonresidential/agricultural	59919
real property subject to taxation in the district.	59920

(8) "Effective personal value" means, for a tax year, the	59921
amount obtained by multiplying the value for that year certified	59922
under division (A)(2) of section 3317.021 of the Revised Code by a	59923
fraction, the numerator of which is the total taxes charged and	59924
payable for that year against personal property subject to	59925
taxation in the district, exclusive of the uncollected taxes for	59926
that year on that property, and the denominator of which is the	59927
total taxes charged and payable for that year against personal	59928
property subject to taxation in the district.	59929

(9) "Nonresidential/agricultural real property value" means,	59930
for a tax year, the sum of the values certified for a school	59931
district for that year under division (B)(2)(a) of this section,	59932
and "residential/agricultural real property value" means, for a	59933
tax year, the sum of the values certified for a school district	59934
under division (B)(2)(b) of this section.	59935

(10) "Taxes charged and payable against real property" means	59936
the taxes charged and payable against that property after making	59937
the reduction required by section 319.301 of the Revised Code.	59938

(11) "Total taxes charged and payable" has the same meaning	59939
given "taxes charged and payable" in section 3317.02 of the	59940
Revised Code.	59941

(B)(1) By the first day of August of any calendar year, a	59942
school district shall notify the department of education if it has	59943
any uncollected taxes from one port authority for the second	59944
preceding tax year whose taxes charged and payable represent at	59945
least one-half of one per cent of the district's total taxes	59946
charged and payable for that tax year.	59947

(2) The department shall verify whether the district has such	59948
uncollected taxes by the first day of September, and if the	59949
district does, shall immediately request the county auditor of	59950
each county in which the school district has territory to certify	59951
the following information concerning the district's property	59952
values and taxes for the second preceding tax year, and each such	59953
auditor shall certify that information to the department within	59954
thirty days of receiving the request:	59955

(a) The value of the property subject to taxation in the	59956
district that was classified as nonresidential/agricultural real	59957
property pursuant to section 5713.041 of the Revised Code, and the	59958
taxes charged and payable on that property; and	59959

(b) The value of the property subject to taxation in the	59960
district that was classified as residential/agricultural real	59961
property under section 5713.041 of the Revised Code.	59962

(C) By the fifteenth day of November, the department shall	59963
compute the district's effective nonresidential/agricultural real	59964
property value, effective residential/agricultural real property	59965
value, effective personal value, and effective value, and shall	59966
determine whether the school district's effective value for the	59967
second preceding tax year is at least one per cent less than its	59968
total value for that year certified under divisions (A)(1) and (2)	59969
of section 3317.021 of the Revised Code. If it is, the department	59970
shall recompute the basic state aid payable to the district for	59971
the immediately preceding fiscal year using the effective value in	59972
lieu of the amounts previously certified under section 3317.021 of	59973
the Revised Code. The difference between the original basic state	59974
aid amount computed for the district for the preceding fiscal year	59975
and the recomputed amount shall be paid to the district from the	59976
lottery profits education fund before the end of the current	59977
fiscal year.	59978

(D) Except as provided in division (E) of this section,	59979
amounts received by a school district under division (C) of this	59980
section shall be repaid to the department of education in any	59981
future year to the extent the district receives payments of	59982
uncollectable taxes in such future year. The department shall	59983
notify a district of any amount owed under this division.	59984

(E) If a school district received a grant from the	59985
catastrophic expenditures account pursuant to division (C) of	59986
section 3316.20 of the Revised Code on the basis of the same	59987
circumstances for which a recomputation is made under this	59988
section, the amount of the recomputation shall be reduced and	59989
transferred in accordance with division (C) of section 3316.20 of	59990
the Revised Code.	59991

Sec. 3317.0216. (A) As used in this section:

59992

(1) "Total taxes charged and payable for current expenses"	59993
means the sum of ~~the~~:	59994

(a) The taxes charged and payable as certified under division	59995
(A)(3)(a) of section 3317.021 of the Revised Code less any amounts	59996
reported under division (A)(3)(b) of that section~~, and the~~; plus	59997

(b) The tax distribution for the preceding year under any	59998
school district income tax levied by the district pursuant to	59999
Chapter 5748. of the Revised Code to the extent the revenue from	60000
the income tax is allocated or apportioned to current expenses,	60001
excluding the amount allocated or apportioned for the project	60002
cost, debt service, or maintenance set-aside associated with a	60003
state-assisted classroom facilities project as authorized by	60004
section 3318.052 of the Revised Code.	60005

(2) "Charge-off amount" means two and three-tenths per cent	60006
multiplied by (the sum of recognized valuation and property	60007
exemption value).	60008

(3) Until fiscal year 2003, the "actual local share of	60009
special education, transportation, and vocational education	60010
funding" for any school district means the sum of the district's	60011
attributed local shares described in divisions (F)(1) to (3) of	60012
section 3317.022 of the Revised Code. Beginning in fiscal year	60013
2003, the "actual local share of special education,	60014
transportation, and vocational education funding" means that sum	60015
minus the amount of any excess cost supplement payment calculated	60016
for the district under division (F) of section 3317.022 of the	60017
Revised Code.	60018

(B) Upon receiving the certifications under section 3317.021	60019
of the Revised Code, the department of education shall determine	60020
for each city, local, and exempted village school district whether	60021
the district's charge-off amount is greater than the district's	60022
total taxes charged and payable for current expenses, and if the	60023
charge-off amount is greater, shall pay the district the amount	60024
of the difference. A payment shall not be made to any school	60025
district for which the computation under division (A) of section	60026
3317.022 of the Revised Code equals zero.	60027

(C)(1) If a district's charge-off amount is equal to or	60028
greater than its total taxes charged and payable for current	60029
expenses, the department shall, in addition to the payment	60030
required under division (B) of this section, pay the district the	60031
amount of its actual local share of special education,	60032
transportation, and vocational education funding.	60033

(2) If a district's charge-off amount is less than its total	60034
taxes charged and payable for current expenses, the department	60035
shall pay the district any amount by which its actual local share	60036
of special education, transportation, and vocational education	60037
funding exceeds its total taxes charged and payable for current	60038
expenses minus its charge-off amount.	60039

(D) If a school district that received a payment under	60040
division (B) or (C) of this section in the prior fiscal year is	60041
ineligible for payment under those divisions in the current fiscal	60042
year, the department shall determine if the ineligibility is the	60043
result of a property tax or income tax levy approved by the	60044
district's voters to take effect in tax year 2005 or thereafter.	60045
If the department determines that is the case, and calculates that	60046
the levy causing the ineligibility exceeded by at least one mill	60047
the equivalent millage of the prior year's payment under divisions	60048
(B) and (C) of this section, the department shall make a payment	60049
to the district for the first three years that the district loses	60050
eligibility for payment under divisions (B) and (C) of this	60051
section, as follows:	60052

(1) In the first year of ineligibility, the department shall	60053
pay the district seventy-five per cent of the amount it last paid	60054
the district under divisions (B) and (C) of this section.	60055

(2) In the second year of ineligibility, the department shall	60056
pay the district fifty per cent of the amount it last paid the	60057
district under those divisions.	60058

(3) In the third year of ineligibility, the department shall	60059
pay the district twenty-five per cent of the amount it last paid	60060
the district under those divisions.	60061

(E) A district that receives payment under division (D) of	60062
this section and subsequently qualifies for payment under division	60063
(B) or (C) of this section is ineligible for future payments under	60064
division (D) of this section.	60065

(F) To enable the department of education to make the	60066
determinations and to calculate payments under division (D) of	60067
this section, on March 30, 2006, and on or before the first day	60068
of March of each year thereafter, the department shall send to	60069
the tax commissioner a list of school districts receiving	60070
payments under division (B) or (C) of this section for the	60071
current fiscal year. On or before the first day of the following	60072
June, the tax commissioner shall certify to the department of	60073
education for those school districts the information required by	60074
division (A)(8) of section 3317.021 of the Revised Code.	60075

Sec. 3317.03. ~~Notwithstanding divisions (A)(1), (B)(1), and~~	60076
~~(C) of this section, except as provided in division (A)(2)(h) of~~	60077
~~this section, any student enrolled in kindergarten more than half~~	60078
~~time shall be reported as one-half student under this section~~The	60079
information certified and verified under this section shall be	60080
used to calculate payments under this chapter and Chapter 3306.	60081
of the Revised Code.	60082

(A) The superintendent of each city, local, and exempted	60083
village school district and of each educational service center	60084
shall, for the schools under the superintendent's supervision,	60085
certify to the state board of education on or before the fifteenth	60086
day of October in each year for the first full school week in	60087
October the average daily membership of students receiving	60088
services from schools under the superintendent's supervision, and	60089
the numbers of other students entitled to attend school in the	60090
district under section 3313.64 or 3313.65 of the Revised Code the	60091
superintendent is required to report under this section, so that	60092
the department of education can calculate the district's formula	60093
ADM. ~~Beginning in fiscal year 2007, each superintendent also~~	60094
~~shall certify to the state board, for the schools under the~~	60095
~~superintendent's supervision, the formula ADM for the first full~~	60096
~~week in February.~~ If a school under the superintendent's	60097
supervision is closed for one or more days during that week due	60098
to hazardous weather conditions or other circumstances described	60099
in the first paragraph of division (B) of section 3317.01 of the	60100
Revised Code, the superintendent may apply to the superintendent	60101
of public instruction for a waiver, under which the	60102
superintendent of public instruction may exempt the district	60103
superintendent from certifying the ~~formula ADM~~average daily	60104
membership for that school for that week and specify an	60105
alternate week for certifying the ~~formula ADM~~average daily	60106
membership of that school.	60107

The ~~formula ADM shall consist of the~~ average daily membership	60108
during such week shall consist of the sum of the following:	60109

(1) On an FTE basis, the number of students in grades	60110
kindergarten through twelve receiving any educational services	60111
from the district, except that the following categories of	60112
students shall not be included in the determination:	60113

(a) Students enrolled in adult education classes;

60114

(b) Adjacent or other district students enrolled in the	60115
district under an open enrollment policy pursuant to section	60116
3313.98 of the Revised Code;	60117

(c) Students receiving services in the district pursuant to a	60118
compact, cooperative education agreement, or a contract, but who	60119
are entitled to attend school in another district pursuant to	60120
section 3313.64 or 3313.65 of the Revised Code;	60121

(d) Students for whom tuition is payable pursuant to sections	60122
3317.081 and 3323.141 of the Revised Code;	60123

(e) Students receiving services in the district through a	60124
scholarship awarded under section 3310.41 of the Revised Code.	60125

(2) On an FTE basis, ~~except as provided in division (A)(2)(h)~~	60126
~~of this section,~~ the number of students entitled to attend school	60127
in the district pursuant to section 3313.64 or 3313.65 of the	60128
Revised Code, but receiving educational services in grades	60129
kindergarten through twelve from one or more of the following	60130
entities:	60131

(a) A community school pursuant to Chapter 3314. of the	60132
Revised Code, including any participation in a college pursuant to	60133
Chapter 3365. of the Revised Code while enrolled in such community	60134
school;	60135

(b) An alternative school pursuant to sections 3313.974 to	60136
3313.979 of the Revised Code as described in division (I)(2)(a) or	60137
(b) of this section;	60138

(c) A college pursuant to Chapter 3365. of the Revised Code,	60139
except when the student is enrolled in the college while also	60140
enrolled in a community school pursuant to Chapter 3314. or a	60141
science, technology, engineering, and mathematics school	60142
established under Chapter 3326. of the Revised Code;	60143

(d) An adjacent or other school district under an open	60144
enrollment policy adopted pursuant to section 3313.98 of the	60145
Revised Code;	60146

(e) An educational service center or cooperative education	60147
district;	60148

(f) Another school district under a cooperative education	60149
agreement, compact, or contract;	60150

(g) A chartered nonpublic school with a scholarship paid	60151
under section 3310.08 of the Revised Code;	60152

(h) An alternative public provider or a registered private	60153
provider with a scholarship awarded under section 3310.41 of the	60154
Revised Code. ~~Each such scholarship student who is enrolled in~~	60155
~~kindergarten shall be counted as one full-time-equivalent~~	60156
~~student.~~	60157

As used in this section, "alternative public provider" and	60158
"registered private provider" have the same meanings as in section	60159
3310.41 of the Revised Code,.	60160

(i) A science, technology, engineering, and mathematics	60161
school established under Chapter 3326. of the Revised Code,	60162
including any participation in a college pursuant to Chapter	60163
3365. of the Revised Code while enrolled in the school.	60164

(3) ~~Twenty per cent of the~~The number of students enrolled in	60165
a joint vocational school district or under a vocational	60166
education compact, excluding any students entitled to attend	60167
school in the district under section 3313.64 or 3313.65 of the	60168
Revised Code who are enrolled in another school district through	60169
an open enrollment policy as reported under division (A)(2)(d) of	60170
this section and then enroll in a joint vocational school district	60171
or under a vocational education compact;	60172

(4) The number of children with disabilities, other than	60173
preschool children with disabilities, entitled to attend school	60174
in the district pursuant to section 3313.64 or 3313.65 of the	60175
Revised Code who are placed by the district with a county MR/DD	60176
board, minus the number of such children placed with a county	60177
MR/DD board in fiscal year 1998. If this calculation produces a	60178
negative number, the number reported under division (A)(4) of	60179
this section shall be zero.	60180

~~(5) Beginning in fiscal year 2007, in the case of the report~~	60181
~~submitted for the first full week in February, or the alternative~~	60182
~~week if specified by the superintendent of public instruction, the~~	60183
~~number of students reported under division (A)(1) or (2) of this~~	60184
~~section for the first full week of the preceding October but who~~	60185
~~since that week have received high school diplomas.~~	60186

(B) To enable the department of education to obtain the data	60187
needed to complete the calculation of payments pursuant to this	60188
chapter and Chapter 3306. of the Revised Code, in addition to the	60189
~~formula ADM~~average daily membership, each superintendent shall	60190
report separately the following student counts for the same week	60191
for which ~~formula ADM~~average daily membership is certified:	60192

(1) The total average daily membership in regular learning	60193
day classes included in the report under division (A)(1) or (2)	60194
of this section for each of the individual grades kindergarten,	60195
~~and each of grades one~~ through twelve in schools under the	60196
superintendent's supervision;	60197

(2) The number of all preschool children with disabilities	60198
enrolled as of the first day of December in classes in the	60199
district that are eligible for approval under division (B) of	60200
section 3317.05 of the Revised Code and the number of those	60201
classes, which shall be reported not later than the fifteenth day	60202
of December, in accordance with rules adopted under that section;	60203

(3) The number of children entitled to attend school in the	60204
district pursuant to section 3313.64 or 3313.65 of the Revised	60205
Code who are:	60206

(a) Participating in a pilot project scholarship program	60207
established under sections 3313.974 to 3313.979 of the Revised	60208
Code as described in division (I)(2)(a) or (b) of this section;	60209

(b) Enrolled in a college under Chapter 3365. of the Revised	60210
Code, except when the student is enrolled in the college while	60211
also enrolled in a community school pursuant to Chapter 3314. or a	60212
science, technology, engineering, and mathematics school	60213
established under Chapter 3326. of the Revised Code;	60214

(c) Enrolled in an adjacent or other school district under	60215
section 3313.98 of the Revised Code;	60216

(d) Enrolled in a community school established under Chapter	60217
3314. of the Revised Code that is not an internet- or	60218
computer-based community school as defined in section 3314.02 of	60219
the Revised Code, including any participation in a college	60220
pursuant to Chapter 3365. of the Revised Code while enrolled in	60221
such community school;	60222

(e) Enrolled in an internet- or computer-based community	60223
school, as defined in section 3314.02 of the Revised Code,	60224
including any participation in a college pursuant to Chapter 3365.	60225
of the Revised Code while enrolled in the school;	60226

(f) Enrolled in a chartered nonpublic school with a	60227
scholarship paid under section 3310.08 of the Revised Code;	60228

(g) Enrolled in kindergarten through grade twelve in an	60229
alternative public provider or a registered private provider with	60230
a scholarship awarded under section 3310.41 of the Revised Code;	60231

(h) Enrolled as a preschool child with a disability in an	60232
alternative public provider or a registered private provider with	60233
a scholarship awarded under section 3310.41 of the Revised Code;	60234

(i) Participating in a program operated by a county MR/DD	60235
board or a state institution;	60236

(j) Enrolled in a science, technology, engineering, and	60237
mathematics school established under Chapter 3326. of the Revised	60238
Code, including any participation in a college pursuant to	60239
Chapter 3365. of the Revised Code while enrolled in the school.	60240

(4) The number of pupils enrolled in joint vocational	60241
schools;	60242

(5) The average daily membership of children with	60243
disabilities reported under division (A)(1) or (2) of this	60244
section receiving special education services for the category one	60245
disability described in division ~~(A)~~(D)(1) of section ~~3317.013~~	60246
3306.02 of the Revised Code;	60247

(6) The average daily membership of children with	60248
disabilities reported under division (A)(1) or (2) of this	60249
section receiving special education services for category two	60250
disabilities described in division ~~(B)~~(D)(2) of section ~~3317.013~~	60251
3306.02 of the Revised Code;	60252

(7) The average daily membership of children with	60253
disabilities reported under division (A)(1) or (2) of this	60254
section receiving special education services for category three	60255
disabilities described in division ~~(C)~~(D)(3) of section ~~3317.013~~	60256
3306.02 of the Revised Code;	60257

(8) The average daily membership of children with	60258
disabilities reported under division (A)(1) or (2) of this	60259
section receiving special education services for category four	60260
disabilities described in division (D)(4) of section ~~3317.013~~	60261
3306.02 of the Revised Code;	60262

(9) The average daily membership of children with	60263
disabilities reported under division (A)(1) or (2) of this	60264
section receiving special education services for the category	60265
five disabilities described in division ~~(E)~~(D)(5) of section	60266
~~3317.013~~3306.02 of the Revised Code;	60267

(10) The combined average daily membership of children with	60268
disabilities reported under division (A)(1) or (2) and under	60269
division (B)(3)(h) of this section receiving special education	60270
services for category six disabilities described in division	60271
~~(F)~~(D)(6) of section ~~3317.013~~3306.02 of the Revised Code,	60272
including children attending a special education program operated	60273
by an alternative public provider or a registered private	60274
provider with a scholarship awarded under section 3310.41 of the	60275
Revised Code;	60276

(11) The average daily membership of pupils reported under	60277
division (A)(1) or (2) of this section enrolled in category one	60278
vocational education programs or classes, described in division	60279
(A) of section 3317.014 of the Revised Code, operated by the	60280
school district or by another district, other than a joint	60281
vocational school district, or by an educational service center,	60282
excluding any student reported under division (B)(3)(e) of this	60283
section as enrolled in an internet- or computer-based community	60284
school, notwithstanding division (C) of section 3317.02 of the	60285
Revised Code and division (C)(3) of this section;	60286

(12) The average daily membership of pupils reported under	60287
division (A)(1) or (2) of this section enrolled in category two	60288
vocational education programs or services, described in division	60289
(B) of section 3317.014 of the Revised Code, operated by the	60290
school district or another school district, other than a joint	60291
vocational school district, or by an educational service center,	60292
excluding any student reported under division (B)(3)(e) of this	60293
section as enrolled in an internet- or computer-based community	60294
school, notwithstanding division (C) of section 3317.02 of the	60295
Revised Code and division (C)(3) of this section;	60296

Beginning with fiscal year 2010, vocational education ADM	60297
shall not be used to calculate a district's funding but shall be	60298
reported under divisions (B)(11) and (12) of this section for	60299
statistical purposes.	60300

(13) The average number of children transported by the school	60301
district on board-owned or contractor-owned and -operated buses,	60302
reported in accordance with rules adopted by the department of	60303
education;	60304

(14)(a) The number of children, other than preschool children	60305
with disabilities, the district placed with a county MR/DD board	60306
in fiscal year 1998;	60307

(b) The number of children with disabilities, other than	60308
preschool children with disabilities, placed with a county MR/DD	60309
board in the current fiscal year to receive special education	60310
services for the category one disability described in division	60311
~~(A)~~(D)(1) of section ~~3317.013~~3306.02 of the Revised Code;	60312

(c) The number of children with disabilities, other than	60313
preschool children with disabilities, placed with a county MR/DD	60314
board in the current fiscal year to receive special education	60315
services for category two disabilities described in division	60316
~~(B)~~(D)(2) of section ~~3317.013~~3306.02 of the Revised Code;	60317

(d) The number of children with disabilities, other than	60318
preschool children with disabilities, placed with a county MR/DD	60319
board in the current fiscal year to receive special education	60320
services for category three disabilities described in division	60321
~~(C)~~(D)(3) of section ~~3317.013~~3306.02 of the Revised Code;	60322

(e) The number of children with disabilities, other than	60323
preschool children with disabilities, placed with a county MR/DD	60324
board in the current fiscal year to receive special education	60325
services for category four disabilities described in division	60326
(D)(4) of section ~~3317.013~~3306.02 of the Revised Code;	60327

(f) The number of children with disabilities, other than	60328
preschool children with disabilities, placed with a county MR/DD	60329
board in the current fiscal year to receive special education	60330
services for the category five disabilities described in division	60331
~~(E)~~(D)(5) of section ~~3317.013~~3306.02 of the Revised Code;	60332

(g) The number of children with disabilities, other than	60333
preschool children with disabilities, placed with a county MR/DD	60334
board in the current fiscal year to receive special education	60335
services for category six disabilities described in division	60336
~~(F)~~(D)(6) of section ~~3317.013~~3306.02 of the Revised Code.	60337

(C)(1) ~~Except as otherwise provided in this section for~~	60338
~~kindergarten students, the~~The average daily membership in	60339
divisions (B)(1) to (12) of this section shall be based upon the	60340
number of full-time equivalent students. The state board of	60341
education shall adopt rules defining full-time equivalent students	60342
and for determining the average daily membership therefrom for the	60343
purposes of divisions (A), (B), and (D) of this section. Each	60344
student enrolled in kindergarten shall be counted as one full-time	60345
equivalent student regardless of whether the student is enrolled	60346
in a part-day or all-day kindergarten class.	60347

(2) A student enrolled in a community school established	60348
under Chapter 3314. or a science, technology, engineering, and	60349
mathematics school established under Chapter 3326. of the Revised	60350
Code shall be counted in the formula ADM and, if applicable, the	60351
category one, two, three, four, five, or six special education	60352
ADM of the school district in which the student is entitled to	60353
attend school under section 3313.64 or 3313.65 of the Revised	60354
Code for the same proportion of the school year that the student	60355
is counted in the enrollment of the community school or the	60356
science, technology, engineering, and mathematics school for	60357
purposes of section 3314.08 or 3326.33 of the Revised Code.	60358
Notwithstanding the number of students reported pursuant to	60359
division (B)(3)(d), (e), or (j) of this section, the department	60360
may adjust the formula ADM of a school district to account for	60361
students entitled to attend school in the district under	60362
section 3313.64 or 3313.65 of the Revised Code who are enrolled	60363
in a community school or a science, technology, engineering, and	60364
mathematics school for only a portion of the school year.	60365

(3) No child shall be counted as more than a total of one	60366
child in the sum of the average daily memberships of a school	60367
district under division (A), divisions (B)(1) to (12), or division	60368
(D) of this section, except as follows:	60369

(a) A child with a disability described in division (D) of	60370
section ~~3317.013~~3306.02 of the Revised Code may be counted both	60371
in formula ADM and in category one, two, three, four, five, or	60372
six special education ADM and, if applicable, in category one or	60373
two vocational education ADM. As provided in division (C) of	60374
section 3317.02 of the Revised Code, such a child shall be counted	60375
in category one, two, three, four, five, or six special education	60376
ADM in the same proportion that the child is counted in formula	60377
ADM.	60378

(b) A child enrolled in vocational education programs or	60379
classes described in section 3317.014 of the Revised Code may be	60380
counted both in formula ADM and category one or two vocational	60381
education ADM and, if applicable, in category one, two, three,	60382
four, five, or six special education ADM. Such a child shall be	60383
counted in category one or two vocational education ADM in the	60384
same proportion as the percentage of time that the child spends in	60385
the vocational education programs or classes.	60386

(4) Based on the information reported under this section, the	60387
department of education shall determine the total student count,	60388
as defined in section 3301.011 of the Revised Code, for each	60389
school district.	60390

(D)(1) The superintendent of each joint vocational school	60391
district shall certify to the superintendent of public instruction	60392
on or before the fifteenth day of October in each year for the	60393
first full school week in October the formula ADM, for purposes of	60394
section 3318.42 of the Revised Code and for any other purpose	60395
prescribed by law for which "formula ADM" of the joint vocational	60396
district is a factor. ~~Beginning in fiscal year 2007, each~~	60397
~~superintendent also shall certify to the state superintendent the~~	60398
~~formula ADM for the first full week in February.~~ If a school	60399
operated by the joint vocational school district is closed for	60400
one or more days during that week due to hazardous weather	60401
conditions or other circumstances described in the first	60402
paragraph of division (B) of section 3317.01 of the Revised Code,	60403
the superintendent may apply to the superintendent of public	60404
instruction for a waiver, under which the superintendent of	60405
public instruction may exempt the district superintendent from	60406
certifying the formula ADM for that school for that week and	60407
specify an alternate week for certifying the formula ADM of that	60408
school.	60409

The formula ADM, except as otherwise provided in this	60410
division, shall consist of the average daily membership during	60411
such week, on an FTE basis, of the number of students receiving	60412
any educational services from the district, including students	60413
enrolled in a community school established under Chapter 3314. or	60414
a science, technology, engineering, and mathematics school	60415
established under Chapter 3326. of the Revised Code who are	60416
attending the joint vocational district under an agreement	60417
between the district board of education and the governing	60418
authority of the community school or the governing body of the	60419
science, technology, engineering, and mathematics school and are	60420
entitled to attend school in a city, local, or exempted village	60421
school district whose territory is part of the territory of the	60422
joint vocational district. ~~Beginning in fiscal year 2007, in the~~	60423
~~case of the report submitted for the first week in February, or~~	60424
~~the alternative week if specified by the superintendent of public~~	60425
~~instruction, the superintendent of the joint vocational school~~	60426
~~district may include the number of students reported under~~	60427
~~division (D)(1) of this section for the first full week of the~~	60428
~~preceding October but who since that week have received high~~	60429
~~school diplomas.~~	60430

The following categories of students shall not be included in	60431
the determination made under division (D)(1) of this section:	60432

(a) Students enrolled in adult education classes;

60433

(b) Adjacent or other district joint vocational students	60434
enrolled in the district under an open enrollment policy pursuant	60435
to section 3313.98 of the Revised Code;	60436

(c) Students receiving services in the district pursuant to a	60437
compact, cooperative education agreement, or a contract, but who	60438
are entitled to attend school in a city, local, or exempted	60439
village school district whose territory is not part of the	60440
territory of the joint vocational district;	60441

(d) Students for whom tuition is payable pursuant to sections	60442
3317.081 and 3323.141 of the Revised Code.	60443

(2) ~~To enable the department of education to obtain the data~~	60444
~~needed to complete the calculation of payments pursuant to this~~	60445
~~chapter, in~~In addition to the formula ADM, each superintendent	60446
shall report separately the average daily membership included in	60447
the report under division (D)(1) of this section for each of the	60448
following categories of students for the same week for which	60449
formula ADM is certified:	60450

(a) Students enrolled in each individual grade included in	60451
the joint vocational district schools;	60452

(b) Children with disabilities receiving special education	60453
services for the category one disability described in division	60454
~~(A)(C)~~(D)(1) of section ~~3317.013~~3306.02 of the Revised Code;	60455

(c) Children with disabilities receiving special education	60456
services for the category two disabilities described in division	60457
~~(B)~~(D)(2) of section ~~3317.013~~3306.02 of the Revised Code;	60458

(d) Children with disabilities receiving special education	60459
services for category three disabilities described in division	60460
~~(C)~~(D)(3) of section ~~3317.013~~3306.02 of the Revised Code;	60461

(e) Children with disabilities receiving special education	60462
services for category four disabilities described in division	60463
(D)(4) of section ~~3317.013~~3306.02 of the Revised Code;	60464

(f) Children with disabilities receiving special education	60465
services for the category five disabilities described in division	60466
~~(E)~~(D)(5) of section ~~3317.013~~3306.02 of the Revised Code;	60467

(g) Children with disabilities receiving special education	60468
services for category six disabilities described in division	60469
~~(F)~~(D)(6) of section ~~3317.013~~3306.02 of the Revised Code;	60470

(h) Students receiving category one vocational education	60471
services, described in division (A) of section 3317.014 of the	60472
Revised Code;	60473

(i) Students receiving category two vocational education	60474
services, described in division (B) of section 3317.014 of the	60475
Revised Code.	60476

The superintendent of each joint vocational school district	60477
shall also indicate the city, local, or exempted village school	60478
district in which each joint vocational district pupil is entitled	60479
to attend school pursuant to section 3313.64 or 3313.65 of the	60480
Revised Code.	60481

(E) In each school of each city, local, exempted village,	60482
joint vocational, and cooperative education school district there	60483
shall be maintained a record of school membership, which record	60484
shall accurately show, for each day the school is in session, the	60485
actual membership enrolled in regular day classes. For the purpose	60486
of determining average daily membership, the membership figure of	60487
any school shall not include any pupils except those pupils	60488
described by division (A) of this section. The record of	60489
membership for each school shall be maintained in such manner that	60490
no pupil shall be counted as in membership prior to the actual	60491
date of entry in the school and also in such manner that where for	60492
any cause a pupil permanently withdraws from the school that pupil	60493
shall not be counted as in membership from and after the date of	60494
such withdrawal. There shall not be included in the membership of	60495
any school any of the following:	60496

(1) Any pupil who has graduated from the twelfth grade of a	60497
public or nonpublic high school;	60498

(2) Any pupil who is not a resident of the state;

60499

(3) Any pupil who was enrolled in the schools of the district	60500
during the previous school year when ~~tests~~assessments were	60501
administered under section 3301.0711 of the Revised Code but did	60502
not take one or more of the ~~tests~~assessments required by that	60503
section and was not excused pursuant to division (C)(1) or (3) of	60504
that section;	60505

(4) Any pupil who has attained the age of twenty-two years,	60506
except for veterans of the armed services whose attendance was	60507
interrupted before completing the recognized twelve-year course of	60508
the public schools by reason of induction or enlistment in the	60509
armed forces and who apply for reenrollment in the public school	60510
system of their residence not later than four years after	60511
termination of war or their honorable discharge.	60512

If, however, any veteran described by division (E)(4) of this	60513
section elects to enroll in special courses organized for veterans	60514
for whom tuition is paid under the provisions of federal laws, or	60515
otherwise, that veteran shall not be included in average daily	60516
membership.	60517

Notwithstanding division (E)(3) of this section, the	60518
membership of any school may include a pupil who did not take a	60519
~~test~~an assessment required by section 3301.0711 of the Revised	60520
Code if the superintendent of public instruction grants a waiver	60521
from the requirement to take the ~~test~~assessment to the specific	60522
pupil and a parent is not paying tuition for the pupil pursuant	60523
to section 3313.6410 of the Revised Code. The superintendent may	60524
grant such a waiver only for good cause in accordance with rules	60525
adopted by the state board of education.	60526

Except as provided in divisions (B)(2) and (F) of this	60527
section, the average daily membership figure of any local, city,	60528
exempted village, or joint vocational school district shall be	60529
determined by dividing the figure representing the sum of the	60530
number of pupils enrolled during each day the school of attendance	60531
is actually open for instruction during the week for which the	60532
~~formula ADM~~average daily membership is being certified by the	60533
total number of days the school was actually open for instruction	60534
during that week. For purposes of state funding, "enrolled"	60535
persons are only those pupils who are attending school, those who	60536
have attended school during the current school year and are	60537
absent for authorized reasons, and those children with	60538
disabilities currently receiving home instruction.	60539

The average daily membership figure of any cooperative	60540
education school district shall be determined in accordance with	60541
rules adopted by the state board of education.	60542

(F)(1) If the formula ADM for the first full school week in	60543
February is at least three per cent greater than that certified	60544
for the first full school week in the preceding October, the	60545
superintendent of schools of any city, exempted village, or joint	60546
vocational school district or educational service center shall	60547
certify such increase to the superintendent of public instruction.	60548
Such certification shall be submitted no later than the fifteenth	60549
day of February. For the balance of the fiscal year, beginning	60550
with the February payments, the superintendent of public	60551
instruction shall use the increased formula ADM in calculating or	60552
recalculating the amounts to be allocated in accordance with	60553
section 3317.022 or 3317.16 of the Revised Code. In no event	60554
shall the superintendent use an increased membership certified	60555
to the superintendent after the fifteenth day of February.	60556
Division (F)(1) of this section does not apply after fiscal year	60557
2006.	60558

(2) If on the first school day of April the total number of	60559
classes or units for preschool children with disabilities that	60560
are eligible for approval under division (B) of section 3317.05	60561
of the Revised Code exceeds the number of units that have been	60562
approved for the year under that division, the superintendent of	60563
schools of any city, exempted village, or cooperative education	60564
school district or educational service center shall make the	60565
certifications required by this section for that day. If the	60566
department determines additional units can be approved for the	60567
fiscal year within any limitations set forth in the acts	60568
appropriating moneys for the funding of such units, the	60569
department shall approve additional units for the fiscal year on	60570
the basis of such average daily membership. For each unit so	60571
approved, the department shall pay an amount computed in the	60572
manner prescribed in section 3317.052 or 3317.19 and section	60573
3317.053 of the Revised Code.	60574

(3) If a student attending a community school under Chapter	60575
3314. or a science, technology, engineering, and mathematics	60576
school established under Chapter 3326. of the Revised Code is not	60577
included in the formula ADM certified for the school district in	60578
which the student is entitled to attend school under section	60579
3313.64 or 3313.65 of the Revised Code, the department of	60580
education shall adjust the formula ADM of that school district	60581
to include the student in accordance with division (C)(2) of	60582
this section, and shall recalculate the school district's	60583
payments under this chapter and Chapter 3306. of the Revised	60584
Code for the entire fiscal year on the basis of that adjusted	60585
formula ADM. This requirement applies regardless of whether the	60586
student was enrolled, as defined in division (E) of this	60587
section, in the community school or the science, technology,	60588
engineering, and mathematics school during the week for which	60589
the formula ADM is being certified.	60590

(4) If a student awarded an educational choice scholarship is	60591
not included in the formula ADM of the school district from which	60592
the department deducts funds for the scholarship under section	60593
3310.08 of the Revised Code, the department shall adjust the	60594
formula ADM of that school district to include the student to the	60595
extent necessary to account for the deduction, and shall	60596
recalculate the school district's payments under this chapter and	60597
Chapter 3306. of the Revised Code for the entire fiscal year on	60598
the basis of that adjusted formula ADM. This requirement applies	60599
regardless of whether the student was enrolled, as defined in	60600
division (E) of this section, in the chartered nonpublic school,	60601
the school district, or a community school during the week for	60602
which the formula ADM is being certified.	60603

(G)(1)(a) The superintendent of an institution operating a	60604
special education program pursuant to section 3323.091 of the	60605
Revised Code shall, for the programs under such superintendent's	60606
supervision, certify to the state board of education, in the	60607
manner prescribed by the superintendent of public instruction,	60608
both of the following:	60609

(i) The average daily membership of all children with	60610
disabilities other than preschool children with disabilities	60611
receiving services at the institution for each category of	60612
disability described in divisions ~~(A) to (F)~~(D)(1) to (6) of	60613
section ~~3317.013~~3306.02 of the Revised Code;	60614

(ii) The average daily membership of all preschool children	60615
with disabilities in classes or programs approved annually by the	60616
department of education for unit funding under section 3317.05 of	60617
the Revised Code.	60618

(b) The superintendent of an institution with vocational	60619
education units approved under division (A) of section 3317.05 of	60620
the Revised Code shall, for the units under the superintendent's	60621
supervision, certify to the state board of education the average	60622
daily membership in those units, in the manner prescribed by the	60623
superintendent of public instruction.	60624

(2) The superintendent of each county MR/DD board that	60625
maintains special education classes under section 3317.20 of the	60626
Revised Code or units approved pursuant to section 3317.05 of the	60627
Revised Code shall do both of the following:	60628

(a) Certify to the state board, in the manner prescribed by	60629
the board, the average daily membership in classes under section	60630
3317.20 of the Revised Code for each school district that has	60631
placed children in the classes;	60632

(b) Certify to the state board, in the manner prescribed by	60633
the board, the number of all preschool children with disabilities	60634
enrolled as of the first day of December in classes eligible for	60635
approval under division (B) of section 3317.05 of the Revised	60636
Code, and the number of those classes.	60637

(3)(a) If on the first school day of April the number of	60638
classes or units maintained for preschool children with	60639
disabilities by the county MR/DD board that are eligible for	60640
approval under division (B) of section 3317.05 of the Revised Code	60641
is greater than the number of units approved for the year under	60642
that division, the superintendent shall make the certification	60643
required by this section for that day.	60644

(b) If the department determines that additional classes or	60645
units can be approved for the fiscal year within any limitations	60646
set forth in the acts appropriating moneys for the funding of the	60647
classes and units described in division (G)(3)(a) of this section,	60648
the department shall approve and fund additional units for the	60649
fiscal year on the basis of such average daily membership. For	60650
each unit so approved, the department shall pay an amount computed	60651
in the manner prescribed in sections 3317.052 and 3317.053 of the	60652
Revised Code.	60653

(H) Except as provided in division (I) of this section, when	60654
any city, local, or exempted village school district provides	60655
instruction for a nonresident pupil whose attendance is	60656
unauthorized attendance as defined in section 3327.06 of the	60657
Revised Code, that pupil's membership shall not be included in	60658
that district's membership figure used in the calculation of that	60659
district's formula ADM or included in the determination of any	60660
unit approved for the district under section 3317.05 of the	60661
Revised Code. The reporting official shall report separately the	60662
average daily membership of all pupils whose attendance in the	60663
district is unauthorized attendance, and the membership of each	60664
such pupil shall be credited to the school district in which the	60665
pupil is entitled to attend school under division (B) of section	60666
3313.64 or section 3313.65 of the Revised Code as determined by	60667
the department of education.	60668

(I)(1) A city, local, exempted village, or joint vocational	60669
school district admitting a scholarship student of a pilot project	60670
district pursuant to division (C) of section 3313.976 of the	60671
Revised Code may count such student in its average daily	60672
membership.	60673

(2) In any year for which funds are appropriated for pilot	60674
project scholarship programs, a school district implementing a	60675
state-sponsored pilot project scholarship program that year	60676
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	60677
count in average daily membership:	60678

(a) All children residing in the district and utilizing a	60679
scholarship to attend kindergarten in any alternative school, as	60680
defined in section 3313.974 of the Revised Code;	60681

(b) All children who were enrolled in the district in the	60682
preceding year who are utilizing a scholarship to attend any such	60683
alternative school.	60684

(J) The superintendent of each cooperative education school	60685
district shall certify to the superintendent of public	60686
instruction, in a manner prescribed by the state board of	60687
education, the applicable average daily memberships for all	60688
students in the cooperative education district, also indicating	60689
the city, local, or exempted village district where each pupil is	60690
entitled to attend school under section 3313.64 or 3313.65 of the	60691
Revised Code.	60692

(K) If the superintendent of public instruction determines	60693
that a component of the ~~formula ADM~~average daily membership	60694
certified or reported by a district superintendent, or other	60695
reporting entity, is not correct, the superintendent of public	60696
instruction may order that the formula ADM used for the purposes	60697
of payments under any section of Title XXXIII of the Revised Code	60698
be adjusted in the amount of the error.	60699

Sec. 3317.031. A membership record shall be kept by grade	60700
level in each city, local, exempted village, joint vocational, and	60701
cooperative education school district and such a record shall be	60702
kept by grade level in each educational service center that	60703
provides academic instruction to pupils, classes for pupils with	60704
disabilities, or any other direct instructional services to	60705
pupils. Such membership record shall show the following	60706
information for each pupil enrolled: Name, date of birth, name of	60707
parent, date entered school, date withdrawn from school, days	60708
present, days absent, and the number of days school was open for	60709
instruction while the pupil was enrolled. At the end of the	60710
school year this membership record shall show the total days	60711
present, the total days absent, and the total days due for all	60712
pupils in each grade. Such membership record shall show the	60713
pupils that are transported to and from school and it shall also	60714
show the pupils that are transported living within one mile of the	60715
school attended. This membership record shall also show any other	60716
information prescribed by the state board of education.	60717

This membership record shall be kept intact for at least five	60718
years and shall be made available to the state board of education	60719
or its representative in making an audit of the average daily	60720
membership or the transportation of the district or educational	60721
service center. The membership records of local school districts	60722
shall be filed at the close of each school year in the office of	60723
the educational service center superintendent.	60724

The state board of education may withhold any money due any	60725
school district or educational service center under ~~sections~~	60726
~~3317.022 to 3317.0211, 3317.11, 3317.16, 3317.17, or 3317.19~~this	60727
chapter and Chapter 3306. of the Revised Code until it has	60728
satisfactory evidence that the board of education or educational	60729
service center governing board has fully complied with all of the	60730
provisions of this section.	60731

Nothing in this section shall require any person to release,	60732
or to permit access to, public school records in violation of	60733
section 3319.321 of the Revised Code.	60734

Sec. 3317.04. The amount paid to school districts in each	60735
fiscal year under ~~Chapter~~Chapters 3306. and 3317. of the Revised	60736
Code shall not be less than the following:	60737

(A) In the case of a district created under section 3311.26	60738
or 3311.37 of the Revised Code, the amount paid shall not be less,	60739
in any of the three succeeding fiscal years following the	60740
creation, than the sum of the amounts allocated under ~~Chapter~~	60741
Chapters 3306. and 3317. of the Revised Code to the districts	60742
separately in the year of the creation.	60743

(B) In the case of a school district which is transferred to	60744
another school district or districts, pursuant to section 3311.22,	60745
3311.231, or 3311.38 of the Revised Code, the amount paid to the	60746
district accepting the transferred territory shall not be less, in	60747
any of the three succeeding fiscal years following the transfer,	60748
than the sum of the amounts allocated under ~~Chapter~~Chapters 3306.	60749
and 3317. of the Revised Code to the districts separately in the	60750
year of the consummation of the transfer.	60751

Notwithstanding sections 3311.22, 3311.231, 3311.26, 3311.37,	60752
and 3311.38 of the Revised Code, the minimum guarantees prescribed	60753
by divisions (A) and (B) of this section shall not affect the	60754
amount of aid received by a school district for more than three	60755
consecutive years.	60756

Sec. 3317.061. The superintendent of each school district,	60757
including each cooperative education and joint vocational school	60758
district and the superintendent of each educational service	60759
center, shall, on forms prescribed and furnished by the state	60760
board of education, certify to the state board of education, on or	60761
before the fifteenth day of October of each year, the name of each	60762
licensed employee employed, on an annual salary, in each school	60763
under such superintendent's supervision during the first full	60764
school week of said month of October, the number of years of	60765
recognized college training such licensed employee has completed,	60766
the college degrees from a recognized college earned by such	60767
licensed employee, the type of teaching license held by such	60768
licensed employee, the number of months such licensed employee is	60769
employed in the school district, the annual salary of such	60770
licensed employee, and such other information as the state board	60771
of education may request. For the purposes of ~~Chapter~~Chapters	60772
3306. and 3317. of the Revised Code, a licensed employee is any	60773
employee in a position that requires a license issued pursuant to	60774
sections 3319.22 to 3319.31 of the Revised Code.	60775

Pursuant to standards adopted by the state board of	60776
education, experience of vocational teachers in trade and industry	60777
shall be recognized by such board for the purpose of complying	60778
with the requirements of recognized college training provided by	60779
~~Chapter~~Chapters 3306. and 3317. of the Revised Code.	60780

Sec. 3317.063. The superintendent of public instruction, in	60781
accordance with rules adopted by the department of education,	60782
shall annually reimburse each chartered nonpublic school for the	60783
actual mandated service administrative and clerical costs incurred	60784
by such school during the preceding school year in preparing,	60785
maintaining, and filing reports, forms, and records, and in	60786
providing such other administrative and clerical services that are	60787
not an integral part of the teaching process as may be required by	60788
state law or rule or by requirements duly promulgated by city,	60789
exempted village, or local school districts. The mandated service	60790
costs reimbursed pursuant to this section shall include, but are	60791
not limited to, the preparation, filing and maintenance of forms,	60792
reports, or records and other clerical and administrative services	60793
relating to state chartering or approval of the nonpublic school,	60794
pupil attendance, pupil health and health testing, transportation	60795
of pupils, federally funded education programs, pupil appraisal,	60796
pupil progress, educator licensure, unemployment and workers'	60797
compensation, transfer of pupils, and such other education related	60798
data which are now or hereafter shall be required of such	60799
nonpublic school by state law or rule, or by requirements of the	60800
state department of education, other state agencies, or city,	60801
exempted village, or local school districts.	60802

The reimbursement required by this section shall be for	60803
school years beginning on or after July 1, 1981.	60804

Each nonpublic school which seeks reimbursement pursuant to	60805
this section shall submit to the superintendent of public	60806
instruction an application together with such additional reports	60807
and documents as the department of education may require. Such	60808
application, reports, and documents shall contain such information	60809
as the department of education may prescribe in order to carry out	60810
the purposes of this section. No payment shall be made until the	60811
superintendent of public instruction has approved such	60812
application.	60813

Each nonpublic school which applies for reimbursement	60814
pursuant to this section shall maintain a separate account or	60815
system of accounts for the expenses incurred in rendering the	60816
required services for which reimbursement is sought. Such accounts	60817
shall contain such information as is required by the department of	60818
education and shall be maintained in accordance with rules adopted	60819
by the department of education.	60820

Reimbursement payments to a nonpublic school pursuant to this	60821
section shall not exceed an amount for each school year equal to	60822
three hundred twenty-five dollars per pupil enrolled in that	60823
nonpublic school.	60824

The superintendent of public instruction may, from time to	60825
time, examine any and all accounts and records of a nonpublic	60826
school which have been maintained pursuant to this section in	60827
support of an application for reimbursement, for the purpose of	60828
determining the costs to such school of rendering the services for	60829
which reimbursement is sought. If after such audit it is	60830
determined that any school has received funds in excess of the	60831
actual cost of providing such services, said school shall	60832
immediately reimburse the state in such excess amount.	60833

Any payments made to chartered nonpublic schools under this	60834
section may be disbursed without submission to and approval of the	60835
controlling board.	60836

Sec. 3317.08. A board of education may admit to its schools	60837
a child it is not required by section 3313.64 or 3313.65 of the	60838
Revised Code to admit, if tuition is paid for the child.	60839

Unless otherwise provided by law, tuition shall be computed	60840
in accordance with this section. A district's tuition charge for a	60841
school year shall be one of the following:	60842

(A) For any child, except a preschool child with a	60843
disability described in division (B) of this section, the	60844
quotient obtained by dividing the sum of the amounts described in	60845
divisions (A)(1) and (2) of this section by the district's formula	60846
ADM.	60847

(1) The district's total taxes charged and payable for	60848
current expenses for the tax year preceding the tax year in which	60849
the school year begins as certified under division (A)(3) of	60850
section 3317.021 of the Revised Code.	60851

(2) The district's total taxes collected for current expenses	60852
under a school district income tax adopted pursuant to section	60853
5748.03 or 5748.08 of the Revised Code that are disbursed to the	60854
district during the fiscal year, excluding any income tax receipts	60855
allocated for the project cost, debt service, or maintenance	60856
set-aside associated with a state-assisted classroom facilities	60857
project as authorized by section 3318.052 of the Revised Code. On	60858
or before the first day of June of each year, the tax commissioner	60859
shall certify the amount to be used in the calculation under this	60860
division for the next fiscal year to the department of education	60861
and the office of budget and management for each city, local, and	60862
exempted village school district that levies a school district	60863
income tax.	60864

(B) For any preschool child with a disability not included	60865
in a unit approved under division (B) of section 3317.05 of the	60866
Revised Code, an amount computed for the school year as follows:	60867

(1) For each type of special education service provided to	60868
the child for whom tuition is being calculated, determine the	60869
amount of the district's operating expenses in providing that type	60870
of service to all preschool children with disabilities not	60871
included in units approved under division (B) of section 3317.05	60872
of the Revised Code;	60873

(2) For each type of special education service for which	60874
operating expenses are determined under division (B)(1) of this	60875
section, determine the amount of such operating expenses that was	60876
paid from any state funds received under this chapter;	60877

(3) For each type of special education service for which	60878
operating expenses are determined under division (B)(1) of this	60879
section, divide the difference between the amount determined under	60880
division (B)(1) of this section and the amount determined under	60881
division (B)(2) of this section by the total number of preschool	60882
children with disabilities not included in units approved under	60883
division (B) of section 3317.05 of the Revised Code who received	60884
that type of service;	60885

(4) Determine the sum of the quotients obtained under	60886
division (B)(3) of this section for all types of special education	60887
services provided to the child for whom tuition is being	60888
calculated.	60889

The state board of education shall adopt rules defining the	60890
types of special education services and specifying the operating	60891
expenses to be used in the computation under this section.	60892

If any child for whom a tuition charge is computed under this	60893
section for any school year is enrolled in a district for only	60894
part of that school year, the amount of the district's tuition	60895
charge for the child for the school year shall be computed in	60896
proportion to the number of school days the child is enrolled in	60897
the district during the school year.	60898

Except as otherwise provided in division (J) of section	60899
3313.64 of the Revised Code, whenever a district admits a child to	60900
its schools for whom tuition computed in accordance with this	60901
section is an obligation of another school district, the amount of	60902
the tuition shall be certified by the treasurer of the board of	60903
education of the district of attendance, to the board of education	60904
of the district required to pay tuition for its approval and	60905
payment. If agreement as to the amount payable or the district	60906
required to pay the tuition cannot be reached, or the board of	60907
education of the district required to pay the tuition refuses to	60908
pay that amount, the board of education of the district of	60909
attendance shall notify the superintendent of public instruction.	60910
The superintendent shall determine the correct amount and the	60911
district required to pay the tuition and shall deduct that amount,	60912
if any, under division (G) of section 3317.023 of the Revised	60913
Code, from the district required to pay the tuition and add that	60914
amount to the amount allocated to the district attended under such	60915
division. The superintendent of public instruction shall send to	60916
the district required to pay the tuition an itemized statement	60917
showing such deductions at the time of such deduction.	60918

When a political subdivision owns and operates an airport,	60919
welfare, or correctional institution or other project or facility	60920
outside its corporate limits, the territory within which the	60921
facility is located is exempt from taxation by the school district	60922
within which such territory is located, and there are school age	60923
children residing within such territory, the political subdivision	60924
owning such tax exempt territory shall pay tuition to the district	60925
in which such children attend school. The tuition for these	60926
children shall be computed as provided for in this section.	60927

Sec. 3317.081. (A) Tuition shall be computed in accordance	60928
with this section if:	60929

(1) The tuition is required by division (C)(3)(b) of section	60930
3313.64 of the Revised Code; or	60931

(2) Neither the child nor the child's parent resides in this	60932
state and tuition is required by section 3327.06 of the Revised	60933
Code.	60934

(B) Tuition computed in accordance with this section shall	60935
equal the attendance district's tuition rate computed under	60936
section 3317.08 of the Revised Code plus the amount that district	60937
would have received for the child pursuant to Chapter 3306. and	60938
sections ~~3317.022,~~ 3317.023, and 3317.025 to 3317.0211 of the	60939
Revised Code during the school year had the attendance district	60940
been authorized to count the child in its formula ADM for that	60941
school year under section 3317.03 of the Revised Code.	60942

Sec. 3317.082. As used in this section, "institution" means	60943
a residential facility that receives and cares for children	60944
maintained by the department of youth services and that operates a	60945
school chartered by the state board of education under section	60946
3301.16 of the Revised Code.	60947

(A) On or before the thirty-first day of each January and	60948
July, the superintendent of each institution that during the	60949
six-month period immediately preceding each January or July	60950
provided an elementary or secondary education for any child, other	60951
than a child receiving special education under section 3323.091 of	60952
the Revised Code, shall prepare and submit to the department of	60953
education, a statement for each such child indicating the child's	60954
name, any school district responsible to pay tuition for the child	60955
as determined by the superintendent in accordance with division	60956
(C)(2) or (3) of section 3313.64 of the Revised Code, and the	60957
period of time during that six-month period that the child	60958
received an elementary or secondary education. If any school	60959
district is responsible to pay tuition for any such child, the	60960
department of education, no later than the immediately succeeding	60961
last day of February or August, as applicable, shall calculate the	60962
amount of the tuition of the district under section 3317.08 of the	60963
Revised Code for the period of time indicated on the statement and	60964
do one of the following:	60965

(1) If the tuition amount is equal to or less than the amount	60966
of state basic aid funds payable to the district under ~~sections~~	60967
~~3317.022 and~~Chapter 3306. and section 3317.023 of the Revised	60968
Code, pay to the institution submitting the statement an amount	60969
equal to the tuition amount, as provided under division (M) of	60970
section 3317.024 of the Revised Code, and deduct the tuition	60971
amount from the state basic aid funds payable to the district, as	60972
provided under division (F)(2) of section 3317.023 of the Revised	60973
Code;	60974

(2) If the tuition amount is greater than the amount of state	60975
basic aid funds payable to the district under ~~sections 3317.022~~	60976
~~and~~Chapter 3306. and section 3317.023 of the Revised Code,	60977
require the district to pay to the institution submitting the	60978
statement an amount equal to the tuition amount.	60979

(B) In the case of any disagreement about the school district	60980
responsible to pay tuition for a child pursuant to this section,	60981
the superintendent of public instruction shall make the	60982
determination in any such case in accordance with division (C)(2)	60983
or (3) of section 3313.64 of the Revised Code.	60984

Sec. 3317.12. Any board of education participating in funds	60985
distributed under ~~Chapter~~Chapters 3306. and 3317. of the Revised	60986
Code shall annually adopt a salary schedule for nonteaching school	60987
employees based upon training, experience, and qualifications with	60988
initial salaries no less than the salaries in effect on October	60989
13, 1967. Each board of education shall prepare and may amend from	60990
time to time, specifications descriptive of duties,	60991
responsibilities, requirements, and desirable qualifications of	60992
the classifications of employees required to perform the duties	60993
specified in the salary schedule. All nonteaching school employees	60994
are to be notified of the position classification to which they	60995
are assigned and the salary for the classification. The	60996
compensation of all employees working for a particular school	60997
board shall be uniform for like positions except as compensation	60998
would be affected by salary increments based upon length of	60999
service.	61000

On the fifteenth day of October each year the salary schedule	61001
and the list of job classifications and salaries in effect on that	61002
date shall be filed by each board of education with the	61003
superintendent of public instruction. If such salary schedule and	61004
classification plan is not filed the superintendent of public	61005
instruction shall order the board to file such schedules	61006
forthwith. If this condition is not corrected within ten days	61007
after receipt of the order from the superintendent of public	61008
instruction, no money shall be distributed to the district under	61009
~~Chapter~~Chapters 3306. and 3317. of the Revised Code until the	61010
superintendent has satisfactory evidence of the board of	61011
education's full compliance with such order.	61012

Sec. 3317.16. (A) As used in this section:

61013

(1) ~~"State share percentage" means the percentage calculated~~	61014
~~for a joint vocational school district as follows:~~	61015

~~(a) Calculate the state base cost funding amount for the~~	61016
~~district under division (B) of this section. If the district would~~	61017
~~not receive any base cost funding for that year under that~~	61018
~~division, the district's state share percentage is zero.~~	61019

~~(b) If the district would receive base cost funding under~~	61020
~~that division, divide that base cost amount by an amount equal to~~	61021
~~the following:~~	61022

~~the formula amount X~~	61023

~~formula ADM~~	61024

~~The resultant number is the district's state share~~	61025
~~percentage.~~	61026

~~(2)~~ The "total special education weight" for a joint	61027
vocational school district shall be calculated in the same manner	61028
as prescribed in ~~division (B)(1) of~~ section 3317.022 of the	61029
Revised Code.	61030

~~(3)~~(2) The "total vocational education weight" for a joint	61031
vocational school district shall be calculated in the same manner	61032
as prescribed in ~~division (B)(4) of~~ section 3317.022 of the	61033
Revised Code.	61034

~~(4)~~(3) The "total recognized valuation" of a joint vocational	61035
school district shall be determined by adding the recognized	61036
valuations of all its constituent school districts that were	61037
subject to the joint vocational school district's tax levies for	61038
both the current and preceding tax years.	61039

~~(5)~~(4) "Resident district" means the city, local, or exempted	61040
village school district in which a student is entitled to attend	61041
school under section 3313.64 or 3313.65 of the Revised Code.	61042

~~(6)~~(5) "Community school" means a community school	61043
established under Chapter 3314. of the Revised Code.	61044

(B) The department of education shall compute and distribute	61045
state base cost funding to each joint vocational school district	61046
for the fiscal year in accordance with the following formula:	61047

(formula amount X formula ADM) -	61048

(.0005 X total recognized valuation)	61049

If the difference obtained under this division is a negative	61050
number, the district's computation shall be zero.	61051

(C)(1) The department shall compute and distribute state	61052
vocational education additional weighted costs funds to each joint	61053
vocational school district in accordance with the following	61054
formula:	61055

state share percentage X formula amount X	61056

total vocational education weight	61057

In each fiscal year, a joint vocational school district	61058
receiving funds under division (C)(1) of this section shall spend	61059
those funds only for the purposes the department designates as	61060
approved for vocational education expenses. Vocational educational	61061
expenses approved by the department shall include only expenses	61062
connected to the delivery of career-technical programming to	61063
career-technical students. The department shall require the joint	61064
vocational school district to report data annually so that the	61065
department may monitor the district's compliance with the	61066
requirements regarding the manner in which funding received under	61067
division (C)(1) of this section may be spent.	61068

(2) The department shall compute for each joint vocational	61069
school district state funds for vocational education associated	61070
services costs in accordance with the following formula:	61071

state share percentage X .05 X	61072

the formula amount X the sum of	61073

categories one and two vocational	61074

education ADM	61075

In any fiscal year, a joint vocational school district	61076
receiving funds under division (C)(2) of this section, or through	61077
a transfer of funds pursuant to division (L) of section 3317.023	61078
of the Revised Code, shall spend those funds only for the purposes	61079
that the department designates as approved for vocational	61080
education associated services expenses, which may include such	61081
purposes as apprenticeship coordinators, coordinators for other	61082
vocational education services, vocational evaluation, and other	61083
purposes designated by the department. The department may deny	61084
payment under division (C)(2) of this section to any district that	61085
the department determines is not operating those services or is	61086
using funds paid under division (C)(2) of this section, or through	61087
a transfer of funds pursuant to division (L) of section 3317.023	61088
of the Revised Code, for other purposes.	61089

(D)(1) The department shall compute and distribute state	61090
special education and related services additional weighted costs	61091
funds to each joint vocational school district in accordance with	61092
the following formula:	61093

state share percentage X formula amount X	61094

total special education weight	61095

(2)(a) As used in this division, the "personnel allowance"	61096
means thirty thousand dollars in fiscal years 2008 and 2009.	61097

(b) For the provision of speech language pathology services	61098
to students, including students who do not have individualized	61099
education programs prepared for them under Chapter 3323. of the	61100
Revised Code, and for no other purpose, the department shall pay	61101
each joint vocational school district an amount calculated under	61102
the following formula:	61103

(formula ADM divided by 2000) X the personnel	61104

allowance X state share percentage	61105

(3) In any fiscal year, a joint vocational school district	61106
shall spend for purposes that the department designates as	61107
approved for special education and related services expenses at	61108
least the amount calculated as follows:	61109

(formula amount X	61110

the sum of categories one through	61111

six special education ADM) +	61112

(total special education weight X	61113

formula amount)	61114

The purposes approved by the department for special education	61115
expenses shall include, but shall not be limited to, compliance	61116
with state rules governing the education of children with	61117
disabilities, providing services identified in a student's	61118
individualized education program as defined in section 3323.01 of	61119
the Revised Code, provision of speech language pathology services,	61120
and the portion of the district's overall administrative and	61121
overhead costs that are attributable to the district's special	61122
education student population.	61123

The department shall require joint vocational school	61124
districts to report data annually to allow for monitoring	61125
compliance with division (D)(3) of this section. The department	61126
shall annually report to the governor and the general assembly the	61127
amount of money spent by each joint vocational school district for	61128
special education and related services.	61129

(4) In any fiscal year, a joint vocational school district	61130
shall spend for the provision of speech language pathology	61131
services not less than the sum of the amount calculated under	61132
division (D)(1) of this section for the students in the district's	61133
category one special education ADM and the amount calculated under	61134
division (D)(2) of this section.	61135

(E)(1) If a joint vocational school district's costs for a	61136
fiscal year for a student in its categories two through six	61137
special education ADM exceed the threshold catastrophic cost for	61138
serving the student, as specified in division (C)(3)(b) of section	61139
3317.022 of the Revised Code, the district may submit to the	61140
superintendent of public instruction documentation, as prescribed	61141
by the superintendent, of all of its costs for that student. Upon	61142
submission of documentation for a student of the type and in the	61143
manner prescribed, the department shall pay to the district an	61144
amount equal to the sum of the following:	61145

(a) One-half of the district's costs for the student in	61146
excess of the threshold catastrophic cost;	61147

(b) The product of one-half of the district's costs for the	61148
student in excess of the threshold catastrophic cost multiplied by	61149
the district's state share percentage.	61150

(2) The district shall only report under division (E)(1) of	61151
this section, and the department shall only pay for, the costs of	61152
educational expenses and the related services provided to the	61153
student in accordance with the student's individualized education	61154
program. Any legal fees, court costs, or other costs associated	61155
with any cause of action relating to the student may not be	61156
included in the amount.	61157

(F) Each fiscal year, the department shall pay each joint	61158
vocational school district an amount for adult technical and	61159
vocational education and specialized consultants.	61160

(G)(1) A joint vocational school district's local share of	61161
special education and related services additional weighted costs	61162
equals:	61163

(1 - state share percentage) X	61164

Total special education weight X	61165

the formula amount	61166

(2) For each student with a disability receiving special	61167
education and related services under an individualized education	61168
program, as defined in section 3323.01 of the Revised Code, at a	61169
joint vocational district, the resident district or, if the	61170
student is enrolled in a community school, the community school	61171
shall be responsible for the amount of any costs of providing	61172
those special education and related services to that student that	61173
exceed the sum of the amount calculated for those services	61174
attributable to that student under divisions (B), (D), (E), and	61175
(G)(1) of this section.	61176

Those excess costs shall be calculated by subtracting the sum	61177
of the following from the actual cost to provide special education	61178
and related services to the student:	61179

(a) The formula amount;

61180

(b) The product of the formula amount times the applicable	61181
multiple specified in section ~~3317.013~~3306.11 of the Revised	61182
Code;	61183

(c) Any funds paid under division (E) of this section for the	61184
student;	61185

(d) Any other funds received by the joint vocational school	61186
district under this chapter to provide special education and	61187
related services to the student, not including the amount	61188
calculated under division (G)(2) of this section.	61189

(3) The board of education of the joint vocational school	61190
district may report the excess costs calculated under division	61191
(G)(2) of this section to the department of education.	61192

(4) If the board of education of the joint vocational school	61193
district reports excess costs under division (G)(3) of this	61194
section, the department shall pay the amount of excess cost	61195
calculated under division (G)(2) of this section to the joint	61196
vocational school district and shall deduct that amount as	61197
provided in division (G)(4)(a) or (b) of this section, as	61198
applicable:	61199

(a) If the student is not enrolled in a community school, the	61200
department shall deduct the amount from the account of the	61201
student's resident district pursuant to division (M) of section	61202
3317.023 of the Revised Code.	61203

(b) If the student is enrolled in a community school, the	61204
department shall deduct the amount from the account of the	61205
community school pursuant to section 3314.083 of the Revised	61206
Code.	61207

Sec. 3317.18. (A) As used in this section, the terms	61208
"Chapter 133. securities," "credit enhancement facilities," "debt	61209
charges," "general obligation," "legislation," "public	61210
obligations," and "securities" have the same meanings as in	61211
section 133.01 of the Revised Code.	61212

(B) The board of education of any school district authorizing	61213
the issuance of securities under section 133.10, 133.301, or	61214
3313.372 of the Revised Code or general obligation Chapter 133.	61215
securities may adopt legislation requesting the state department	61216
of education to approve, and enter into an agreement with the	61217
school district and the primary paying agent or fiscal agent for	61218
such securities providing for, the withholding and deposit of	61219
funds, otherwise due the district under ~~Chapter~~Chapters 3306. and	61220
3317. of the Revised Code, for the payment of debt service charges	61221
on such securities.	61222

The board of education shall deliver to the state department	61223
a copy of such resolution and any additional pertinent information	61224
the state department may require.	61225

The department of education and the office of budget and	61226
management shall evaluate each request received from a school	61227
district under this section and the department, with the advice	61228
and consent of the director of budget and management, shall	61229
approve or deny each request based on all of the following:	61230

(1) Whether approval of the request will enhance the	61231
marketability of the securities for which the request is made;	61232

(2) Any other pertinent factors or limitations established in	61233
rules made under division (I) of this section, including:	61234

(a) Current and projected obligations of funds due to the	61235
requesting school district under ~~Chapter~~Chapters 3306. and 3317.	61236
of the Revised Code including obligations of those funds to public	61237
obligations or relevant credit enhancement facilities under this	61238
section, Chapter 133. and section 3313.483 of the Revised Code,	61239
and under any other similar provisions of law;	61240

(b) Whether the department of education or the office of	61241
budget and management has any reason to believe the requesting	61242
school district will be unable to pay when due the debt charges on	61243
the securities for which the request is made.	61244

The department may require a school district to establish	61245
schedules for the payment of all debt charges that take into	61246
account the amount and timing of anticipated distributions of	61247
funds to the district under Chapter 3317. of the Revised Code.	61248

(C) If the department approves the request of a school	61249
district to withhold and deposit funds pursuant to this section,	61250
the department shall enter into a written agreement with the	61251
district and the primary paying agent or fiscal agent for the	61252
securities which shall provide for the withholding of funds	61253
pursuant to this section for the payment of debt charges on those	61254
securities, and may include both of the following:	61255

(1) Provisions for certification by the district to the	61256
department, at a time prior to any date for the payment of	61257
applicable debt charges, whether the district is able to pay those	61258
debt charges when due;	61259

(2) Requirements that the district deposit amounts for the	61260
payment of debt charges on the securities with the primary paying	61261
agent or fiscal agent for the securities prior to the date on	61262
which those debt charge payments are due to the owners or holders	61263
of the securities.	61264

(D) Whenever a district notifies the department of education	61265
that it will be unable to pay debt charges when they are due,	61266
subject to the withholding provisions of this section, or whenever	61267
the applicable paying agent or fiscal agent notifies the	61268
department that it has not timely received from a school district	61269
the full amount needed for the payment when due of those debt	61270
charges to the holders or owners of such securities, the	61271
department shall immediately contact the school district and the	61272
paying agent or fiscal agent to confirm or determine whether the	61273
district is unable to make the required payment by the date on	61274
which it is due.	61275

Upon demand of the treasurer of state while holding a school	61276
district obligation purchased under division (G)(1) of section	61277
135.143 of the Revised Code, the state department of education,	61278
without a request of the school district, shall withhold and	61279
deposit funds pursuant to this section for payment of debt service	61280
charges on that obligation.	61281

If the department confirms or determines that the district	61282
will be unable to make such payment and payment will not be made	61283
pursuant to a credit enhancement facility, the department shall	61284
promptly pay to the applicable primary paying agent or fiscal	61285
agent the lesser of the amount due for debt charges or the amount	61286
due the district for the remainder of the fiscal year under	61287
Chapter 3317. of the Revised Code. If this amount is insufficient	61288
to pay the total amount then due the agent for the payment of debt	61289
charges, the department shall pay to the agent each fiscal year	61290
thereafter, and until the full amount due the agent for unpaid	61291
debt charges is paid in full, the lesser of the remaining amount	61292
due the agent for debt charges or the amount due the district for	61293
the fiscal year under Chapter 3317. of the Revised Code.	61294

(E) The state department may make any payments under this	61295
division by direct deposit of funds by electronic transfer.	61296

Any amount received by a paying agent or fiscal agent under	61297
this section shall be applied only to the payment of debt charges	61298
on the securities of the school district subject to this section	61299
or to the reimbursement to the provider of a credit enhancement	61300
facility that has paid such debt charges.	61301

(F) To the extent a school district whose securities are	61302
subject to this section is unable to pay applicable debt charges	61303
because of the failure to collect property taxes levied for the	61304
payment of those debt charges, the district may transfer to or	61305
deposit into any fund that would have received payments under	61306
~~Chapter~~3306. or 3317. of the Revised Code that were withheld	61307
under this section any such delinquent property taxes when later	61308
collected, provided that transfer or deposit shall be limited to	61309
the amounts withheld from that fund under this section.	61310

(G) The department may make payments under this section to	61311
paying agents or fiscal agents only from and to the extent that	61312
money is appropriated by the general assembly for Chapter 3317. of	61313
the Revised Code or for the purposes of this section. No	61314
securities of a school district to which this section is made	61315
applicable constitute an obligation or a debt or a pledge of the	61316
faith, credit, or taxing power of the state, and the holders or	61317
owners of such securities have no right to have taxes levied or	61318
appropriations made by the general assembly for the payment of	61319
debt charges on those securities, and those securities, if the	61320
department requires, shall contain a statement to that effect. The	61321
agreement for or the actual withholding and payment of moneys	61322
under this section does not constitute the assumption by the state	61323
of any debt of a school district.	61324

(H) In the case of securities subject to the withholding	61325
provisions of this section, the issuing board of education shall	61326
appoint a paying agent or fiscal agent who is not an officer or	61327
employee of the school district.	61328

(I) The department of education, with the advice of the	61329
office of budget and management, may adopt reasonable rules not	61330
inconsistent with this section for the implementation of this	61331
section and division (B) of section 133.25 of the Revised Code as	61332
it relates to the withholding and depositing of payments under	61333
~~Chapter~~Chapters 3306. and 3317. of the Revised Code to secure	61334
payment of debt charges on school district securities. Those rules	61335
shall include criteria for the evaluation and approval or denial	61336
of school district requests for withholding under this section and	61337
limits on the obligation for the purpose of paying debt charges or	61338
reimbursing credit enhancement facilities of funds otherwise to be	61339
paid to school districts under Chapter 3317. of the Revised Code.	61340

(J) The authority granted by this section is in addition to	61341
and not a limitation on any other authorizations granted by or	61342
pursuant to law for the same or similar purposes.	61343

Sec. 3317.20. This section does not apply to preschool	61344
children with disabilities.	61345

(A) As used in this section:

61346

(1) "Applicable weight" means the multiple specified in	61347
section ~~3317.013~~3306.11 of the Revised Code for a disability	61348
described in that section.	61349

(2) "Child's school district" means the school district in	61350
which a child is entitled to attend school pursuant to section	61351
3313.64 or 3313.65 of the Revised Code.	61352

~~(3) "State share percentage" means the state share percentage~~	61353
~~of the child's school district as defined in section 3317.022 of~~	61354
~~the Revised Code.~~	61355

(B) Except as provided in division (C) of this section, the	61356
department shall annually pay each county MR/DD board for each	61357
child with a disability, other than a preschool child with a	61358
disability, for whom the county MR/DD board provides special	61359
education and related services an amount equal to the formula	61360
amount + (state share percentage X formula amount X the	61361
applicable weight).	61362

(C) If any school district places with a county MR/DD board	61363
more children with disabilities than it had placed with a county	61364
MR/DD board in fiscal year 1998, the department shall not make a	61365
payment under division (B) of this section for the number of	61366
children exceeding the number placed in fiscal year 1998. The	61367
department instead shall deduct from the district's payments	61368
under this chapter and Chapter 3306. of the Revised Code, and pay	61369
to the county MR/DD board, an amount calculated in accordance	61370
with the formula prescribed in division (B) of this section for	61371
each child over the number of children placed in fiscal year	61372
1998.	61373

(D) The department shall calculate for each county MR/DD	61374
board receiving payments under divisions (B) and (C) of this	61375
section the following amounts:	61376

(1) The amount received by the county MR/DD board for	61377
approved special education and related services units, other than	61378
units for preschool children with disabilities, in fiscal year	61379
1998, divided by the total number of children served in the units	61380
that year;	61381

(2) The product of the quotient calculated under division	61382
(D)(1) of this section times the number of children for whom	61383
payments are made under divisions (B) and (C) of this section.	61384

If the amount calculated under division (D)(2) of this	61385
section is greater than the total amount calculated under	61386
divisions (B) and (C) of this section, the department shall pay	61387
the county MR/DD board one hundred per cent of the difference in	61388
addition to the payments under divisions (B) and (C) of this	61389
section.	61390

(E) Each county MR/DD board shall report to the department,	61391
in the manner specified by the department, the name of each child	61392
for whom the county MR/DD board provides special education and	61393
related services and the child's school district.	61394

(F)(1) For the purpose of verifying the accuracy of the	61395
payments under this section, the department may request from	61396
either of the following entities the data verification code	61397
assigned under division (D)(2) of section 3301.0714 of the Revised	61398
Code to any child who is placed with a county MR/DD board:	61399

(a) The child's school district;

61400

(b) The independent contractor engaged to create and maintain	61401
data verification codes.	61402

(2) Upon a request by the department under division (F)(1) of	61403
this section for the data verification code of a child, the	61404
child's school district shall submit that code to the department	61405
in the manner specified by the department. If the child has not	61406
been assigned a code, the district shall assign a code to that	61407
child and submit the code to the department by a date specified by	61408
the department. If the district does not assign a code to the	61409
child by the specified date, the department shall assign a code to	61410
the child.	61411

The department annually shall submit to each school district	61412
the name and data verification code of each child residing in the	61413
district for whom the department has assigned a code under this	61414
division.	61415

(3) The department shall not release any data verification	61416
code that it receives under division (F) of this section to any	61417
person except as provided by law.	61418

(G) Any document relative to special education and related	61419
services provided by a county MR/DD board that the department	61420
holds in its files that contains both a student's name or other	61421
personally identifiable information and the student's data	61422
verification code shall not be a public record under section	61423
149.43 of the Revised Code.	61424

Sec. 3317.201. This section does not apply to preschool	61425
children with disabilities.	61426

(A) As used in this section, the "total special education	61427
weight" for an institution means the sum of the following amounts:	61428

(1) The number of children reported by the institution under	61429
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61430
receiving services for a disability described in division	61431
~~(A)~~(D)(1) of section ~~3317.013~~3306.02 of the Revised Code	61432
multiplied by the multiple specified in that division;	61433

(2) The number of children reported by the institution under	61434
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61435
receiving services for a disability described in division	61436
~~(B)~~(D)(2) of section ~~3317.013~~3306.02 of the Revised Code	61437
multiplied by the multiple specified in that division;	61438

(3) The number of children reported by the institution under	61439
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61440
receiving services for a disability described in division	61441
~~(C)~~(D)(3) of section ~~3317.013~~3306.02 of the Revised Code	61442
multiplied by the multiple specified in that division;	61443

(4) The number of children reported by the institution under	61444
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61445
receiving services for a disability described in division (D)(4)	61446
of section ~~3317.013~~3306.02 of the Revised Code multiplied by	61447
the multiple specified in that division;	61448

(5) The number of children reported by the institution under	61449
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61450
receiving services for a disability described in division	61451
~~(E)~~(D)(5) of section ~~3317.013~~3306.02 of the Revised Code	61452
multiplied by the multiple specified in that division;	61453

(6) The number of children reported by the institution under	61454
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61455
receiving services for a disability described in division	61456
~~(F)~~(D)(6) of section ~~3317.013~~3306.02 of the Revised Code	61457
multiplied by the multiple specified in that division.	61458

(B) For each fiscal year, the department of education shall	61459
pay each state institution required to provide special education	61460
services under division (A) of section 3323.091 of the Revised	61461
Code an amount equal to the greater of:	61462

(1) The formula amount times the institution's total special	61463
education weight;	61464

(2) The aggregate amount of special education and related	61465
services unit funding the institution received for all children	61466
with disabilities other than preschool children with disabilities	61467
in fiscal year 2005 under sections 3317.052 and 3317.053 of the	61468
Revised Code, as those sections existed prior to June 30, 2005.	61469

Sec. 3318.011. For purposes of providing assistance under	61470
sections 3318.01 to 3318.20 of the Revised Code, the department of	61471
education shall annually do all of the following:	61472

(A) Calculate the adjusted valuation per pupil of each city,	61473
local, and exempted village school district according to the	61474
following formula:	61475

The district's valuation per pupil -	61476

[$30,000 X (1 - the district's income factor)].	61477

For purposes of this calculation:

61478

(1) Except for a district with an open enrollment net gain	61479
that is ten per cent or more of its formula ADM, "valuation per	61480
pupil" for a district means its average taxable value, divided by	61481
its formula ADM for the previous fiscal year. "Valuation per	61482
pupil," for a district with an open enrollment net gain that is	61483
ten per cent or more of its formula ADM, means its average taxable	61484
value, divided by the sum of its formula ADM for the previous	61485
fiscal year plus its open enrollment net gain for the previous	61486
fiscal year.	61487

(2) ~~"Average~~Except for a tangible personal property	61488
phase-out impacted district, "average taxable value" means the	61489
average of the sum of the amounts certified for a district under	61490
divisions (A)(1) and (2) of section 3317.021 of the Revised Code	61491
in the second, third, and fourth preceding fiscal years ~~under~~	61492
~~divisions (A)(1) and (2) of section 3317.021 of the Revised~~	61493
~~Code~~. For a tangible personal property phase-out impacted	61494
district, "average taxable value" means the average of the sum of	61495
the amounts certified for the district under division (A)(1) and	61496
as public utility personal property under division (A)(2) of	61497
section 3317.021 of the Revised Code in the second, third, and	61498
fourth preceding fiscal years.	61499

(3) "Entitled to attend school" means entitled to attend	61500
school in a city, local, or exempted village school district	61501
under section 3313.64 or 3313.65 of the Revised Code.	61502

(4) "Formula ADM" and "income factor" have the same meanings	61503
as in section 3317.02 of the Revised Code.	61504

(5) "Native student" has the same meaning as in section	61505
3313.98 of the Revised Code.	61506

(6) "Open enrollment net gain" for a district means (a) the	61507
number of the students entitled to attend school in another	61508
district but who are enrolled in the schools of the district under	61509
its open enrollment policy minus (b) the number of the district's	61510
native students who are enrolled in the schools of another	61511
district under the other district's open enrollment policy, both	61512
numbers as certified to the department under section 3313.981 of	61513
the Revised Code. If the difference is a negative number, the	61514
district's "open enrollment net gain" is zero.	61515

(7) "Open enrollment policy" means an interdistrict open	61516
enrollment policy adopted under section 3313.98 of the Revised	61517
Code.	61518

(8) "Tangible personal property phase-out impacted district"	61519
means a school district for which the taxable value of its	61520
tangible personal property certified under division (A)(2) of	61521
section 3317.021 of the Revised Code for tax year 2005, excluding	61522
the taxable value of public utility personal property, made up	61523
twenty per cent or more of its total taxable value for tax year	61524
2005 as certified under that section.	61525

(B) Calculate for each district the three-year average of the	61526
adjusted valuations per pupil calculated for the district for the	61527
current and two preceding fiscal years;	61528

(C) Rank all such districts in order of adjusted valuation	61529
per pupil from the district with the lowest three-year average	61530
adjusted valuation per pupil to the district with the highest	61531
three-year average adjusted valuation per pupil;	61532

(D) Divide such ranking into percentiles with the first	61533
percentile containing the one per cent of school districts having	61534
the lowest three-year average adjusted valuations per pupil and	61535
the one-hundredth percentile containing the one per cent of school	61536
districts having the highest three-year average adjusted	61537
valuations per pupil;	61538

(E) Determine the school districts that have three-year	61539
average adjusted valuations per pupil that are greater than the	61540
median three-year average adjusted valuation per pupil for all	61541
school districts in the state;	61542

(F) On or before the first day of September, certify the	61543
information described in divisions (A) to (E) of this section to	61544
the Ohio school facilities commission.	61545

Sec. 3318.051. (A) Any city, exempted village, or local	61546
school district that commences a project under sections 3318.01 to	61547
3318.20, 3318.36, 3318.37, or 3318.38 of the Revised Code on or	61548
after ~~the effective date of this section~~September 5, 2006, need	61549
not levy the tax otherwise required under division (B) of section	61550
3318.05 of the Revised Code, if the district board of education	61551
adopts a resolution petitioning the Ohio school facilities	61552
commission to approve the transfer of money in accordance with	61553
this section and the commission approves that transfer. If so	61554
approved, the commission and the district board shall enter into	61555
an agreement under which the board, in each of twenty-three	61556
consecutive years beginning in the year in which the board and the	61557
commission enter into the project agreement under section 3318.08	61558
of the Revised Code, shall transfer into the maintenance fund	61559
required by division (D) of section 3318.05 of the Revised Code	61560
not less than an amount equal to one-half mill for each dollar of	61561
the district's valuation unless and until the agreement to make	61562
those transfers is rescinded by the district board pursuant to	61563
division (F) of this section.	61564

(B) On the first day of July each year, or on an alternative	61565
date prescribed by the commission, the district treasurer shall	61566
certify to the commission and the auditor of state that the amount	61567
required for the year has been transferred. The auditor of state	61568
shall include verification of the transfer as part of any audit of	61569
the district under section 117.11 of the Revised Code. If the	61570
auditor of state finds that less than the required amount has been	61571
deposited into a district's maintenance fund, the auditor of state	61572
shall notify the district board of education in writing of that	61573
fact and require the board to deposit into the fund, within ninety	61574
days after the date of the notice, the amount by which the fund is	61575
deficient for the year. If the district board fails to demonstrate	61576
to the auditor of state's satisfaction that the board has made the	61577
deposit required in the notice, the auditor of state shall notify	61578
the department of education. At that time, the department shall	61579
withhold an amount equal to ten per cent of the district's funds	61580
calculated for the current fiscal year under ~~Chapter~~Chapters	61581
3306. and 3317. of the Revised Code until the auditor of state	61582
notifies the department that the auditor of state is satisfied	61583
that the board has made the required transfer.	61584

(C) Money transferred to the maintenance fund shall be used	61585
for the maintenance of the facilities acquired under the	61586
district's project.	61587

(D) The transfers to the maintenance fund under this section	61588
does not affect a district's obligation to establish and maintain	61589
a capital and maintenance fund under section 3315.18 of the	61590
Revised Code.	61591

(E) Any decision by the commission to approve or not approve	61592
the transfer of money under this section is final and not subject	61593
to appeal. The commission shall not be responsible for errors or	61594
miscalculations made in deciding whether to approve a petition to	61595
make transfers under this section.	61596

(F) If the district board determines that it no longer can	61597
continue making the transfers agreed to under this section, the	61598
board may rescind the agreement only so long as the electors of	61599
the district have approved, in accordance with section 3318.063 of	61600
the Revised Code, the levy of a tax for the maintenance of the	61601
classroom facilities acquired under the district's project and	61602
that levy continues to be collected as approved by the electors.	61603
That levy shall be for a number of years that is equal to the	61604
difference between twenty-three years and the number of years that	61605
the district made transfers under this section and shall be at the	61606
rate of not less than one-half mill for each dollar of the	61607
district's valuation. The district board shall continue to make	61608
the transfers agreed to under this section until that levy has	61609
been approved by the electors.	61610

Sec. 3318.061. This section applies only to school	61611
districts eligible to receive additional assistance under division	61612
(B)(2) of section 3318.04 of the Revised Code ~~and to big eight~~	61613
~~districts segmenting projects under section 3318.38 of the Revised~~	61614
~~Code~~.	61615

The board of education of a school district in which a tax	61616
described by division (B) of section 3318.05 and levied under	61617
section 3318.06 of the Revised Code is in effect, may adopt a	61618
resolution by vote of a majority of its members to extend the term	61619
of that tax beyond the expiration of that tax as originally	61620
approved under that section. The school district board may include	61621
in the resolution a proposal to extend the term of that tax at the	61622
rate of not less than one-half mill for each dollar of valuation	61623
for a period of twenty-three years from the year in which the	61624
school district board and the Ohio school facilities commission	61625
enter into an agreement under division (B)(2) of section 3318.04	61626
of the Revised Code or in the following year, as specified in the	61627
resolution ~~or, as applicable in the case of a district segmenting~~	61628
~~a project under section 3318.38 of the Revised Code, from the year~~	61629
~~in which the last segment is undertaken~~. Such a resolution may be	61630
adopted at any time before such an agreement is entered into and	61631
before the tax levied pursuant to section 3318.06 of the Revised	61632
Code expires. If the resolution is combined with a resolution to	61633
issue bonds to pay the school district's portion of the basic	61634
project cost, it shall conform with the requirements of divisions	61635
(A)(1), (2), and (3) of section 3318.06 of the Revised Code,	61636
except that the resolution also shall state that the tax levy	61637
proposed in the resolution is an extension of an existing tax	61638
levied under that section. A resolution proposing an extension	61639
adopted under this section does not take effect until it is	61640
approved by a majority of electors voting in favor of the	61641
resolution at a general, primary, or special election as provided	61642
in this section.	61643

A tax levy extended under this section is subject to the same	61644
terms and limitations to which the original tax levied under	61645
section 3318.06 of the Revised Code is subject under that section,	61646
except the term of the extension shall be as specified in this	61647
section.	61648

The school district board shall certify a copy of the	61649
resolution adopted under this section to the proper county board	61650
of elections not later than seventy-five days before the date set	61651
in the resolution as the date of the election at which the	61652
question will be submitted to electors. The notice of the election	61653
shall conform with the requirements of division (A)(3) of section	61654
3318.06 of the Revised Code, except that the notice also shall	61655
state that the maintenance tax levy is an extension of an existing	61656
tax levy.	61657

The form of the ballot shall be as follows:

61658

"Shall the existing tax levied to pay the cost of maintaining	61659
classroom facilities constructed with the proceeds of the	61660
previously issued bonds at the rate of .......... (here insert the	61661
number of mills, which shall not be less than one-half mill) mills	61662
per dollar of tax valuation, be extended until ........ (here	61663
insert the year that is twenty-three years after the year in which	61664
the district and commission will enter into an agreement under	61665
division (B)(2) of section 3318.04 of the Revised Code or the	61666
following year)?	61667

61668

		FOR EXTENDING THE EXISTING TAX LEVY			61669
		AGAINST EXTENDING THE EXISTING TAX LEVY	"		61670

61671

Section 3318.07 of the Revised Code applies to ballot	61672
questions under this section.	61673

Sec. 3318.312. At the request of the superintendent of	61674
public instruction, the executive director of the Ohio school	61675
facilities commission shall advise the superintendent of demands	61676
upon and other issues related to existing classroom facilities	61677
that may arise due to new operating requirements specified in the	61678
rules adopted under section 3306.25 of the Revised Code	61679
establishing expenditure and reporting standards for operating	61680
funds paid under Chapter 3306. of the Revised Code.	61681

Sec. 3318.36. (A)(1) As used in this section:

61682

(a) "Ohio school facilities commission," "classroom	61683
facilities," "school district," "school district board," "net	61684
bonded indebtedness," "required percentage of the basic project	61685
costs," "basic project cost," "valuation," and "percentile" have	61686
the same meanings as in section 3318.01 of the Revised Code.	61687

(b) "Required level of indebtedness" means five per cent of	61688
the school district's valuation for the year preceding the year in	61689
which the commission and school district enter into an agreement	61690
under division (B) of this section, plus [two one-hundredths of	61691
one per cent multiplied by (the percentile in which the district	61692
ranks minus one)].	61693

(c) "Local resources" means any moneys generated in any	61694
manner permitted for a school district board to raise the school	61695
district portion of a project undertaken with assistance under	61696
sections 3318.01 to 3318.20 of the Revised Code.	61697

(2) For purposes of determining ~~either~~ the required level of	61698
indebtedness, ~~as defined in division (A)(1)(b) of this section,~~ or	61699
the required percentage of the basic project costs, under division	61700
(C)(1) of this section, and priority for assistance under sections	61701
3318.01 to 3318.20 of the Revised Code, the percentile ranking of	61702
a school district with which the commission has entered into an	61703
agreement under this section between the first day of July and the	61704
thirty-first day of August in each fiscal year is the percentile	61705
ranking calculated for that district for the immediately preceding	61706
fiscal year, and the percentile ranking of a school district with	61707
which the commission has entered into such agreement between the	61708
first day of September and the thirtieth day of June in each	61709
fiscal year is the percentile ranking calculated for that district	61710
for the current fiscal year.	61711

(B)(1) There is hereby established the school building	61712
assistance expedited local partnership program. Under the program,	61713
the Ohio school facilities commission may enter into an agreement	61714
with the school district board of any school district under which	61715
the school district board may proceed with the new construction or	61716
major repairs of a part of the school district's classroom	61717
facilities needs, as determined under sections 3318.01 to 3318.20	61718
of the Revised Code, through the expenditure of local resources	61719
prior to the school district's eligibility for state assistance	61720
under those sections ~~3318.01 to 3318.20 of the Revised Code~~ and	61721
may apply that expenditure toward meeting the school district's	61722
portion of the basic project cost of the total of the school	61723
district's classroom facilities needs, as determined under	61724
sections 3318.01 to 3318.20 of the Revised Code and as	61725
recalculated under division (E) of this section, that are eligible	61726
for state assistance under sections 3318.01 to 3318.20 of the	61727
Revised Code when the school district becomes eligible for ~~such~~	61728
~~state~~that assistance. Any school district that is reasonably	61729
expected to receive assistance under sections 3318.01 to 3318.20	61730
of the Revised Code within two fiscal years from the date the	61731
school district adopts its resolution under division (B) of this	61732
section shall not be eligible to participate in the program	61733
established under this section.	61734

(2) To participate in the program, a school district board	61735
shall first adopt a resolution certifying to the commission the	61736
board's intent to participate in the program.	61737

The resolution shall specify the approximate date that the	61738
board intends to seek elector approval of any bond or tax measures	61739
or to apply other local resources to use to pay the cost of	61740
classroom facilities to be constructed under this section. The	61741
resolution may specify the application of local resources or	61742
elector-approved bond or tax measures after the resolution is	61743
adopted by the board, and in such case the board may proceed with	61744
a discrete portion of its project under this section as soon as	61745
the commission and the controlling board have approved the basic	61746
project cost of the district's classroom facilities needs as	61747
specified in division (D) of this section. The board shall submit	61748
its resolution to the commission not later than ten days after the	61749
date the resolution is adopted by the board.	61750

The commission shall not consider any resolution that is	61751
submitted pursuant to division (B)(2) of this section, as amended	61752
by this amendment, sooner than September 14, 2000.	61753

(3) For purposes of determining when a district that enters	61754
into an agreement under this section becomes eligible for	61755
assistance under sections 3318.01 to 3318.20 of the Revised Code,	61756
the commission shall use the district's percentile ranking	61757
determined at the time the district entered into the agreement	61758
under this section, as prescribed by division (A)(2) of this	61759
section.	61760

(4) Any project under this section shall comply with section	61761
3318.03 of the Revised Code and with any specifications for plans	61762
and materials for classroom facilities adopted by the commission	61763
under section 3318.04 of the Revised Code.	61764

~~(4)~~(5) If a school district that enters into an agreement	61765
under this section has not begun a project applying local	61766
resources as provided for under that agreement at the time the	61767
district is notified by the commission that it is eligible to	61768
receive state assistance under sections 3318.01 to 3318.20 of the	61769
Revised Code, all assessment and agreement documents entered into	61770
under this section are void.	61771

~~(5)~~(6) Only construction of or repairs to classroom	61772
facilities that have been approved by the commission and have been	61773
therefore included as part of a district's basic project cost	61774
qualify for application of local resources under this section.	61775

(C) Based on the results of ~~the~~ on-site visits and assessment	61776
~~conducted under division (B)(2) of this section~~, the commission	61777
shall determine the basic project cost of the school district's	61778
classroom facilities needs. The commission shall determine the	61779
school district's portion of such basic project cost, which shall	61780
be the greater of:	61781

(1) The required percentage of the basic project costs,	61782
determined based on the school district's percentile ranking;	61783

(2) An amount necessary to raise the school district's net	61784
bonded indebtedness, as of the fiscal year the commission and the	61785
school district enter into the agreement under division (B) of	61786
this section, to within five thousand dollars of the required	61787
level of indebtedness.	61788

(D)(1) When the commission determines the basic project cost	61789
of the classroom facilities needs of a school district and the	61790
school district's portion of that basic project cost under	61791
division (C) of this section, the project shall be conditionally	61792
approved. Such conditional approval shall be submitted to the	61793
controlling board for approval thereof. The controlling board	61794
shall forthwith approve or reject the commission's determination,	61795
conditional approval, and the amount of the state's portion of the	61796
basic project cost; however, no state funds shall be encumbered	61797
under this section. Upon approval by the controlling board, the	61798
school district board may identify a discrete part of its	61799
classroom facilities needs, which shall include only new	61800
construction of or additions or major repairs to a particular	61801
building, to address with local resources. Upon identifying a part	61802
of the school district's basic project cost to address with local	61803
resources, the school district board may allocate any available	61804
school district moneys to pay the cost of that identified part,	61805
including the proceeds of an issuance of bonds if approved by the	61806
electors of the school district.	61807

All local resources utilized under this division shall first	61808
be deposited in the project construction account required under	61809
section 3318.08 of the Revised Code.	61810

(2) Unless the school district board exercises its option	61811
under division (D)(3) of this section, for a school district to	61812
qualify for participation in the program authorized under this	61813
section, one of the following conditions shall be satisfied:	61814

(a) The electors of the school district by a majority vote	61815
shall approve the levy of taxes outside the ten-mill limitation	61816
for a period of twenty-three years at the rate of not less than	61817
one-half mill for each dollar of valuation to be used to pay the	61818
cost of maintaining the classroom facilities included in the basic	61819
project cost as determined by the commission. The form of the	61820
ballot to be used to submit the question whether to approve the	61821
tax required under this division to the electors of the school	61822
district shall be the form for an additional levy of taxes	61823
prescribed in section 3318.361 of the Revised Code, which may be	61824
combined in a single ballot question with the questions prescribed	61825
under section 5705.218 of the Revised Code.	61826

(b) As authorized under division (C) of section 3318.05 of	61827
the Revised Code, the school district board shall earmark from the	61828
proceeds of a permanent improvement tax levied under section	61829
5705.21 of the Revised Code, an amount equivalent to the	61830
additional tax otherwise required under division (D)(2)(a) of this	61831
section for the maintenance of the classroom facilities included	61832
in the basic project cost as determined by the commission.	61833

(c) As authorized under section 3318.051 of the Revised Code,	61834
the school district board shall, if approved by the commission,	61835
annually transfer into the maintenance fund required under section	61836
3318.05 of the Revised Code the amount prescribed in section	61837
3318.051 of the Revised Code in lieu of the tax otherwise required	61838
under division (D)(2)(a) of this section for the maintenance of	61839
the classroom facilities included in the basic project cost as	61840
determined by the commission.	61841

(d) If the school district board has rescinded the agreement	61842
to make transfers under section 3318.051 of the Revised Code, as	61843
provided under division (F) of that section, the electors of the	61844
school district, in accordance with section 3318.063 of the	61845
Revised Code, first shall approve the levy of taxes outside the	61846
ten-mill limitation for the period specified in that section at a	61847
rate of not less than one-half mill for each dollar of valuation.	61848

(e) The school district board shall apply the proceeds of a	61849
tax to leverage bonds as authorized under section 3318.052 of the	61850
Revised Code or dedicate a local donated contribution in the	61851
manner described in division (B) of section 3318.084 of the	61852
Revised Code in an amount equivalent to the additional tax	61853
otherwise required under division (D)(2)(a) of this section for	61854
the maintenance of the classroom facilities included in the basic	61855
project cost as determined by the commission.	61856

(3) A school district board may opt to delay taking any of	61857
the actions described in division (D)(2) of this section until	61858
~~such time as~~ the school district becomes eligible for state	61859
assistance under sections 3318.01 to 3318.20 of the Revised Code.	61860
In order to exercise this option, the board shall certify to the	61861
commission a resolution indicating the board's intent to do so	61862
prior to entering into an agreement under division (B) of this	61863
section.	61864

(4) If pursuant to division (D)(3) of this section a district	61865
board opts to delay levying an additional tax until the district	61866
becomes eligible for state assistance, it shall submit the	61867
question of levying that tax to the district electors as follows:	61868

(a) In accordance with section 3318.06 of the Revised Code if	61869
it will also be necessary pursuant to division (E) of this section	61870
to submit a proposal for approval of a bond issue;	61871

(b) In accordance with section 3318.361 of the Revised Code	61872
if it is not necessary to also submit a proposal for approval of a	61873
bond issue pursuant to division (E) of this section.	61874

(5) No state assistance under sections 3318.01 to 3318.20 of	61875
the Revised Code shall be released until a school district board	61876
that adopts and certifies a resolution under division (D) of this	61877
section also demonstrates to the satisfaction of the commission	61878
compliance with the provisions of division (D)(2) of this section.	61879

Any amount required for maintenance under division (D)(2) of	61880
this section shall be deposited into a separate fund as specified	61881
in division (B) of section 3318.05 of the Revised Code.	61882

(E)(1) If the school district becomes eligible for state	61883
assistance under sections 3318.01 to 3318.20 of the Revised Code	61884
based on its percentile ranking ~~as determined~~ under division	61885
(B)(3) of this section, the commission shall conduct a new	61886
assessment of the school district's classroom facilities needs and	61887
shall recalculate the basic project cost based on this new	61888
assessment. The basic project cost recalculated under this	61889
division shall include the amount of expenditures made by the	61890
school district board under division (D)(1) of this section. The	61891
commission shall then recalculate the school district's portion of	61892
the new basic project cost, which shall be the percentage of the	61893
original basic project cost assigned to the school district as	61894
its portion under division (C) of this section. The commission	61895
shall deduct the expenditure of school district moneys made	61896
under division (D)(1) of this section from the school district's	61897
portion of the basic project cost as recalculated under this	61898
division. If the amount of school district resources applied by	61899
the school district board to the school district's portion of	61900
the basic project cost under this section is less than the total	61901
amount of such portion as recalculated under this division, the	61902
school district board by a majority vote of all of its members	61903
shall, if it desires to seek state assistance under sections	61904
3318.01 to 3318.20 of the Revised Code, adopt a resolution as	61905
specified in section 3318.06 of the Revised Code to submit to the	61906
electors of the school district the question of approval of a	61907
bond issue in order to pay any additional amount of school	61908
district portion required for state assistance. Any tax levy	61909
approved under division (D) of this section satisfies the	61910
requirements to levy the additional tax under section 3318.06 of	61911
the Revised Code.	61912

(2) If the amount of school district resources applied by the	61913
school district board to the school district's portion of the	61914
basic project cost under this section is more than the total	61915
amount of such portion as recalculated under this division, within	61916
one year after the school district's portion is recalculated under	61917
division (E)(1) of this section the commission may grant to the	61918
school district the difference between the two calculated	61919
portions, but at no time shall the commission expend any state	61920
funds on a project in an amount greater than the state's portion	61921
of the basic project cost as recalculated under this division.	61922

Any reimbursement under this division shall be only for local	61923
resources the school district has applied toward construction cost	61924
expenditures for the classroom facilities approved by the	61925
commission, which shall not include any financing costs associated	61926
with that construction.	61927

The school district board shall use any moneys reimbursed to	61928
the district under this division to pay off any debt service the	61929
district owes for classroom facilities constructed under its	61930
project under this section before such moneys are applied to any	61931
other purpose. However, the district board first may deposit	61932
moneys reimbursed under this division into the district's general	61933
fund or a permanent improvement fund to replace local resources	61934
the district withdrew from those funds, as long as, and to the	61935
extent that, those local resources were used by the district for	61936
constructing classroom facilities included in the district's basic	61937
project cost.	61938

Sec. 3318.38. (A) As used in this section, "big-eight school	61939
district" has the same meaning as in section 3314.02 of the	61940
Revised Code.	61941

(B) There is hereby established the accelerated urban school	61942
building assistance program. Under the program, notwithstanding	61943
section 3318.02 of the Revised Code, any big-eight school district	61944
that has not been approved to receive assistance under sections	61945
3318.01 to 3318.20 of the Revised Code by July 1, 2002, may	61946
beginning on that date apply for approval of and be approved for	61947
such assistance. Except as otherwise provided in this section, any	61948
project approved and undertaken pursuant to this section shall	61949
comply with all provisions of sections 3318.01 to 3318.20 of the	61950
Revised Code.	61951

The Ohio school facilities commission shall provide	61952
assistance to any big-eight school district eligible for	61953
assistance under this section in the following manner:	61954

(1) Notwithstanding section 3318.02 of the Revised Code:

61955

(a) Not later than June 30, 2002, the commission shall	61956
conduct an on-site visit and shall assess the classroom facilities	61957
needs of each big-eight school district eligible for assistance	61958
under this section;	61959

(b) Beginning July 1, 2002, any big-eight school district	61960
eligible for assistance under this section may apply to the	61961
commission for conditional approval of its project as determined	61962
by the assessment conducted under division (B)(1)(a) of this	61963
section. The commission may conditionally approve that project	61964
and submit it to the controlling board for approval pursuant to	61965
section 3318.04 of the Revised Code.	61966

(2) If the controlling board approves the project of a	61967
big-eight school district eligible for assistance under this	61968
section, the commission and the school district shall enter into	61969
an agreement as prescribed in section 3318.08 of the Revised Code.	61970
Any agreement executed pursuant to this division shall include any	61971
applicable segmentation provisions as approved by the commission	61972
under division (B)(3) of this section.	61973

(3) Notwithstanding any provision to the contrary in sections	61974
3318.05, 3318.06, and 3318.08 of the Revised Code, a big-eight	61975
school district eligible for assistance under this section may	61976
with the approval of the commission opt to divide the project as	61977
approved under division (B)(1)(b) of this section into discrete	61978
segments to be completed sequentially. Any project divided into	61979
segments shall comply with all other provisions of sections	61980
3318.05, 3318.06, and 3318.08 of the Revised Code except as	61981
otherwise specified in this division.	61982

If a project is divided into segments under this division:

61983

(a) The school district need raise only the amount equal to	61984
its proportionate share, as determined under section 3318.032 of	61985
the Revised Code, of each segment at any one time and may seek	61986
voter approval of each segment separately;	61987

(b) The state's proportionate share, as determined under	61988
section 3318.032 of the Revised Code, of only the segment which	61989
has been approved by the school district electors or for which the	61990
district has applied a local donated contribution under section	61991
3318.084 of the Revised Code shall be encumbered in accordance	61992
with section 3318.11 of the Revised Code. Encumbrance of	61993
additional amounts to cover the state's proportionate share of	61994
later segments shall be approved separately as they are approved	61995
by the school district electors or as the district applies a local	61996
donated contribution to the segments under section 3318.084 of the	61997
Revised Code.	61998

(c) ~~If it is necessary to levy the additional tax for~~	61999
~~maintenance under division (B) of section 3318.05 of the Revised~~	62000
~~Code with respect to any segment of the project, the district may~~	62001
~~utilize the provisions of section 3318.061 of the Revised Code to~~	62002
~~ensure that the maintenance tax extends for twenty-three years~~	62003
~~after the last segment of the project is undertaken~~The school	62004
district's maintenance levy requirement, as defined in section	62005
3318.18 of the Revised Code, shall run for twenty-three years from	62006
the date the first segment is undertaken.	62007

(4) For any project under this section, the state funds	62008
reserved and encumbered and the funds provided by the school	62009
district to pay the basic project cost of any segment of the	62010
project, or of the entire project if it is not divided into	62011
segments, shall be spent on the construction and acquisition of	62012
the project simultaneously in proportion to the state's and the	62013
school district's respective shares of that basic project cost as	62014
determined under section 3318.032 of the Revised Code.	62015

Sec. 3318.44. (A) A joint vocational school district board of	62016
education may generate the school district's portion of the basic	62017
project cost of its project under sections 3318.40 to 3318.45 of	62018
the Revised Code using any combination of the following means if	62019
lawfully employed for the acquisition of classroom facilities:	62020

(1) The issuance of securities in accordance with Chapter	62021
133. and section 3311.20 of the Revised Code;	62022

(2) Local donated contributions as authorized under section	62023
3318.084 of the Revised Code;	62024

(3) A levy for permanent improvements under section 3311.21	62025
or 5705.21 of the Revised Code;	62026

(4) Bonds issued pursuant to division (B) of this section.

62027

(B) By resolution adopted by a majority of all its members, a	62028
school district board, in order to pay all or part of the school	62029
district's portion of its basic project cost, may apply the	62030
proceeds of a tax levied under section 5705.21 of the Revised Code	62031
for general permanent improvements if the proceeds of that levy	62032
lawfully may be used for general construction, renovation, repair,	62033
or maintenance of classroom facilities to ~~leverage~~pay debt	62034
charges on and financing costs related to bonds ~~adequate~~issued to	62035
pay all or part of the school district portion of the basic	62036
project cost of the school district's project under sections	62037
3318.40 to 3318.45 of the Revised Code or to generate an amount	62038
equivalent to all or part of the amount required under section	62039
3318.43 of the Revised Code to be used for maintenance of	62040
classroom facilities acquired under the project. Bonds issued	62041
under this division shall be Chapter 133. securities, and may be	62042
issued as general obligation securities, but the issuance of the	62043
bonds shall not be subject to a vote of the electors of the school	62044
district as long as the tax proceeds earmarked for payment of the	62045
~~service~~debt charges on the bonds may lawfully be used for that	62046
purpose. Such bonds shall not be included in the calculation of	62047
net indebtedness under section 133.06 of the Revised Code if the	62048
resolution authorizing their issuance includes covenants to	62049
appropriate annually, from lawfully available proceeds of a	62050
property tax levied under section 5705.21 of the Revised Code, and	62051
to continue to levy that tax in amounts necessary to pay the debt	62052
charges on and financing costs related to the bonds as they become	62053
due. No property tax levied under section 5705.21 of the Revised	62054
Code that is pledged, or that the school district has covenanted	62055
to levy, collect, and appropriate annually to pay the debt charges	62056
on and financing costs related to the bonds under this section may	62057
be repealed while those bonds are outstanding. If such a tax is	62058
reduced by electors of the district or by the board of education	62059
while the bonds are outstanding, the board of education shall	62060
continue to levy and collect the tax under the authority of the	62061
original election authorizing the tax at a rate in each year that	62062
the board reasonably estimates will produce an amount in that year	62063
equal to the debt charges on the bonds in that year.	62064

No state moneys shall be released for a project to which this	62065
division applies until the proceeds of any bonds issued under this	62066
division that are dedicated for payment of the school district's	62067
portion of the basic project cost are first deposited into the	62068
school district's project construction fund.	62069

(C) A school district board of education may adopt a	62070
resolution proposing that any of the following questions be	62071
combined with a question specified in section 3318.45 of the	62072
Revised Code:	62073

(1) A bond issue question under section 133.18 of the Revised	62074
Code;	62075

(2) A tax levy question under section 3311.21 of the Revised	62076
Code;	62077

(3) A tax levy question under section 5705.21 of the Revised	62078
Code.	62079

Any question described in divisions (C)(1) to (3) of this	62080
section that is combined with a question proposed under section	62081
3318.45 of the Revised Code shall be for the purpose of either	62082
paying for any permanent improvement, as defined in section 133.01	62083
of the Revised Code, or generating operating revenue specifically	62084
for the facilities acquired under the school district's project	62085
under Chapter 3318. of the Revised Code or for both to the extent	62086
such purposes are permitted by the sections of law under which	62087
each is proposed.	62088

(D) The board of education of a joint vocational school	62089
district that receives assistance under this section may enter	62090
into an agreement for joint issuance of bonds as provided for in	62091
section 3318.085 of the Revised Code.	62092

Sec. 3319.073. (A) The board of education of each city and	62093
exempted village school district and the governing board of each	62094
educational service center shall adopt or adapt the curriculum	62095
developed by the department of education for, or shall develop, in	62096
consultation with public or private agencies or persons involved	62097
in child abuse prevention or intervention programs, a program of	62098
in-service training ~~for persons employed by any school district or~~	62099
~~service center to work in an elementary school as a nurse,~~	62100
~~teacher, counselor, school psychologist, or administrator~~in the	62101
prevention of child abuse, violence, and substance abuse and the	62102
promotion of positive youth development. Each person employed by	62103
any school district or service center to work in ~~an elementary~~a	62104
school as a nurse, teacher, counselor, school psychologist, or	62105
administrator shall complete at least four hours of the in-service	62106
training ~~in the prevention of child abuse, violence, and substance~~	62107
~~abuse and the promotion of positive youth development~~ within two	62108
years of commencing employment with the district or center, and	62109
every five years thereafter. A person who is employed by any	62110
school district or service center to work in an elementary school	62111
as a nurse, teacher, counselor, school psychologist, or	62112
administrator on ~~the effective date of this amendment~~March 30,	62113
2007, shall complete at least four hours of the in-service	62114
training ~~required by this section within two years of the~~	62115
~~effective date of this amendment~~not later than March 30, 2009,	62116
and every five years thereafter. A person who is employed by any	62117
school district or service center to work in a middle or high	62118
school as a nurse, teacher, counselor, school psychologist, or	62119
administrator on the effective date of this amendment shall	62120
complete at least four hours of the in-service training not later	62121
than two years after the effective date of this amendment and	62122
every five years thereafter.	62123

(B) Each board shall incorporate training in school safety	62124
and violence prevention into the in-service training required by	62125
division (A) of this section. For this purpose, the board shall	62126
adopt or adapt the curriculum developed by the department or shall	62127
develop its own curriculum in consultation with public or private	62128
agencies or persons involved in school safety and violence	62129
prevention programs.	62130

Sec. 3319.08. (A) The board of education of each city,	62131
exempted village, local, and joint vocational school district and	62132
the governing board of each educational service center shall enter	62133
into written contracts for the employment and reemployment of all	62134
teachers. Contracts for the employment of teachers shall be of two	62135
types, limited contracts and continuing contracts. The board of	62136
each ~~such~~ school district or service center that authorizes	62137
compensation in addition to the base salary stated in the	62138
teachers' salary schedule for the performance of duties by a	62139
teacher that are in addition to the teacher's regular teaching	62140
duties, shall enter into a supplemental written contract with each	62141
teacher who is to perform additional duties. Such supplemental	62142
written contracts shall be limited contracts. Such written	62143
contracts and supplemental written contracts shall set forth the	62144
teacher's duties and shall specify the salaries and compensation	62145
to be paid for regular teaching duties and additional teaching	62146
duties, respectively, either or both of which may be increased but	62147
not diminished during the term for which the contract is made,	62148
except as provided in section 3319.12 of the Revised Code.	62149

If a board adopts a motion or resolution to employ a teacher	62150
under a limited or continuing contract and the teacher accepts	62151
such employment, the failure of such parties to execute a written	62152
contract shall not void such employment contract.	62153

(B) Teachers must be paid for all time lost when the schools	62154
in which they are employed are closed due to an epidemic or other	62155
public calamity, and for time lost due to illness or otherwise for	62156
not less than five days annually as authorized by regulations	62157
which each board shall adopt.	62158

~~Contracts for the employment of teachers shall be of two~~	62159
~~types, limited contracts and continuing contracts.~~	62160

~~(A)~~(C) A limited contract is:

62161

(1) For a superintendent, a contract for such term as	62162
authorized by section 3319.01 of the Revised Code;	62163

(2) For an assistant superintendent, principal, assistant	62164
principal, or other administrator, a contract for such term as	62165
authorized by section 3319.02 of the Revised Code;	62166

(3) For all other teachers, a contract for a term not to	62167
exceed five years.	62168

~~(B)~~(D) A continuing contract is a contract that remains in	62169
effect until the teacher resigns, elects to retire, or is retired	62170
pursuant to former section 3307.37 of the Revised Code, or until	62171
it is terminated or suspended and shall be granted only to the	62172
following:	62173

(1) Any teacher holding a professional, permanent, or life	62174
teacher's certificate;	62175

(2) Any teacher ~~holding a professional educator license~~ who	62176
meets the following conditions:	62177

(a) The teacher was initially issued a teacher's certificate	62178
or educator license prior to January 1, 2011.	62179

(b) The teacher holds a professional educator license issued	62180
under section 3319.22 or 3319.222 or former section 3319.22 of the	62181
Revised Code or a senior professional educator license or lead	62182
professional educator license issued under section 3319.22 of the	62183
Revised Code.	62184

(c) The teacher has completed the applicable one of the	62185
following:	62186

~~(a)~~(i) If the teacher did not hold a ~~masters~~master's degree	62187
at the time of initially receiving a teacher's certificate under	62188
former law or an educator license, thirty semester hours of	62189
coursework in the area of licensure or in an area related to the	62190
teaching field since the initial issuance of such certificate or	62191
license, as specified in rules which the state board of education	62192
shall adopt;	62193

~~(b)~~(ii) If the teacher held a ~~masters~~master's degree at the	62194
time of initially receiving a teacher's certificate under former	62195
law or an educator license, six semester hours of graduate	62196
coursework in the area of licensure or in an area related to the	62197
teaching field since the initial issuance of such certificate or	62198
license, as specified in rules which the state board ~~of education~~	62199
shall adopt.	62200

~~This~~(3) Any teacher who meets the following conditions:

62201

(a) The teacher never held a teacher's certificate and was	62202
initially issued an educator license on or after January 1, 2011.	62203

(b) The teacher holds a professional educator license, senior	62204
professional educator license, or lead professional educator	62205
license issued under section 3319.22 of the Revised Code.	62206

(c) The teacher has held an educator license for at least	62207
seven years.	62208

(d) The teacher has completed the applicable one of the	62209
following:	62210

(i) If the teacher did not hold a master's degree at the time	62211
of initially receiving an educator license, thirty semester hours	62212
of coursework in the area of licensure or in an area related to	62213
the teaching field since the initial issuance of that license, as	62214
specified in rules which the state board shall adopt;	62215

(ii) If the teacher held a master's degree at the time of	62216
initially receiving an educator license, six semester hours of	62217
graduate coursework in the area of licensure or in an area related	62218
to the teaching field since the initial issuance of that license,	62219
as specified in rules which the state board shall adopt.	62220

(E) Division (D) of this section applies only to continuing	62221
contracts entered into on or after ~~August 18, 1969~~the effective	62222
date of this amendment. Nothing in that division shall be	62223
construed to void or otherwise affect a continuing contract	62224
entered into prior to that date.	62225

Notwithstanding any provision to the contrary in Chapter	62226
4117. of the Revised Code, the requirements of division (D)(3) of	62227
this section prevail over any conflicting provisions of a	62228
collective bargaining agreement entered into on or after the	62229
effective date of this amendment.	62230

(F) Wherever the term "educator license" is used in this	62231
section without reference to a specific type of educator license,	62232
the term does not include an educator license for substitute	62233
teaching issued under section 3319.226 of the Revised Code.	62234

Sec. 3319.081. Except as otherwise provided in division (G)	62235
of this section, in all school districts wherein the provisions of	62236
Chapter 124. of the Revised Code do not apply, the following	62237
employment contract system shall control for employees whose	62238
contracts of employment are not otherwise provided by law:	62239

(A) Newly hired regular nonteaching school employees,	62240
including regular hourly rate and per diem employees, shall enter	62241
into written contracts for their employment which shall be for a	62242
period of not more than one year. If such employees are rehired,	62243
their subsequent contract shall be for a period of two years.	62244

(B) After the termination of the two-year contract provided	62245
in division (A) of this section, if the contract of a nonteaching	62246
employee is renewed, the employee shall be continued in	62247
employment, and the salary provided in the contract may be	62248
increased but not reduced unless such reduction is a part of a	62249
uniform plan affecting the nonteaching employees of the entire	62250
district.	62251

(C) The contracts as provided for in this section may be	62252
terminated by a majority vote of the board of education. Except as	62253
provided in ~~sections 3319.0810 and~~section 3319.172 of the Revised	62254
Code, the contracts may be terminated only for violation of	62255
written rules and regulations as set forth by the board of	62256
education or for incompetency, inefficiency, dishonesty,	62257
drunkenness, immoral conduct, insubordination, discourteous	62258
treatment of the public, neglect of duty, or any other acts of	62259
misfeasance, malfeasance, or nonfeasance. In addition to the right	62260
of the board of education to terminate the contract of an	62261
employee, the board may suspend an employee for a definite period	62262
of time or demote the employee for the reasons set forth in this	62263
division. The action of the board of education terminating the	62264
contract of an employee or suspending or demoting the employee	62265
shall be served upon the employee by certified mail. Within ten	62266
days following the receipt of such notice by the employee, the	62267
employee may file an appeal, in writing, with the court of common	62268
pleas of the county in which such school board is situated. After	62269
hearing the appeal the common pleas court may affirm, disaffirm,	62270
or modify the action of the school board.	62271

A violation of division (A)(7) of section 2907.03 of the	62272
Revised Code is grounds for termination of employment of a	62273
nonteaching employee under this division.	62274

(D) All employees who have been employed by a school district	62275
where the provisions of Chapter 124. of the Revised Code do not	62276
apply, for a period of at least three years on November 24, 1967,	62277
shall hold continuing contracts of employment pursuant to this	62278
section.	62279

(E) Any nonteaching school employee may terminate the	62280
nonteaching school employee's contract of employment thirty days	62281
subsequent to the filing of a written notice of such termination	62282
with the treasurer of the board.	62283

(F) A person hired exclusively for the purpose of replacing a	62284
nonteaching school employee while such employee is on leave of	62285
absence granted under section 3319.13 of the Revised Code is not a	62286
regular nonteaching school employee under this section.	62287

(G) All nonteaching employees employed pursuant to this	62288
section and Chapter 124. of the Revised Code shall be paid for all	62289
time lost when the schools in which they are employed are closed	62290
owing to an epidemic or other public calamity. Nothing in this	62291
division shall be construed as requiring payment in excess of an	62292
employee's regular wage rate or salary for any time worked while	62293
the school in which the employee is employed is officially closed	62294
for the reasons set forth in this division.	62295

Sec. 3319.088. As used in this section, "educational	62296
assistant" means any nonteaching employee in a school district who	62297
directly assists a teacher as defined in section 3319.09 of the	62298
Revised Code, by performing duties for which a license issued	62299
pursuant to sections 3319.22 to 3319.30 of the Revised Code is not	62300
required.	62301

(A) The state board of education shall issue educational aide	62302
permits and educational paraprofessional licenses for educational	62303
assistants and shall adopt rules for the issuance and renewal of	62304
such permits and licenses which shall be consistent with the	62305
provisions of this section. Educational aide permits and	62306
educational paraprofessional licenses may be of several types and	62307
the rules shall prescribe the minimum qualifications of education,	62308
health, and character for the service to be authorized under each	62309
type. The prescribed minimum qualifications may require special	62310
training or educational courses designed to qualify a person to	62311
perform effectively the duties authorized under an educational	62312
aide permit or educational paraprofessional license.	62313

(B)(1) Any application for a permit or license, or a renewal	62314
or duplicate of a permit or license, under this section shall be	62315
accompanied by the payment of a fee in the amount established	62316
under division (A) of section 3319.51 of the Revised Code. Any	62317
fees received under this division shall be paid into the state	62318
treasury to the credit of the state board of education licensure	62319
fund established under division (B) of section 3319.51 of the	62320
Revised Code.	62321

(2) Any person applying for or holding a permit or license	62322
pursuant to this section is subject to sections 3123.41 to 3123.50	62323
of the Revised Code and any applicable rules adopted under section	62324
3123.63 of the Revised Code and sections 3319.31 and 3319.311 of	62325
the Revised Code.	62326

(C) Educational assistants shall at all times while in the	62327
performance of their duties be under the supervision and direction	62328
of a teacher as defined in section 3319.09 of the Revised Code.	62329
Educational assistants may assist a teacher to whom assigned in	62330
the supervision of pupils, in assisting with instructional tasks,	62331
and in the performance of duties which, in the judgment of the	62332
teacher to whom the assistant is assigned, may be performed by a	62333
person not licensed pursuant to sections 3319.22 to 3319.30 of the	62334
Revised Code and for which a teaching license, issued pursuant to	62335
sections 3319.22 to 3319.30 of the Revised Code is not required.	62336
The duties of an educational assistant shall not include the	62337
assignment of grades to pupils. The duties of an educational	62338
~~assistants~~assistant need not be performed in the physical	62339
presence of the teacher to whom assigned, but the activity of an	62340
educational assistant shall at all times be under the direction of	62341
the teacher to whom assigned. The assignment of an educational	62342
assistant need not be limited to assisting a single teacher. In	62343
the event an educational assistant is assigned to assist more than	62344
one teacher the assignments shall be clearly delineated and so	62345
arranged that the educational assistant shall never be subject to	62346
simultaneous supervision or direction by more than one teacher.	62347

Educational assistants assigned to supervise children shall,	62348
when the teacher to whom assigned is not physically present,	62349
maintain the degree of control and discipline ~~which~~that would be	62350
maintained by the teacher~~, but an educational assistant may not~~	62351
~~render corporal punishment~~.	62352

~~Except when expressly permitted solely for the purposes of~~	62353
~~section 3317.029 of the Revised Code, educational~~Educational	62354
assistants may not be used in place of classroom teachers or other	62355
employees and any payment of compensation by boards of education	62356
to educational assistants for such services is prohibited. The	62357
ratio between the number of licensed teachers and the pupils in a	62358
school district may not be decreased by utilization of educational	62359
assistants and no grouping, or other organization of pupils, for	62360
utilization of educational assistants shall be established which	62361
is inconsistent with sound educational practices and procedures. A	62362
school district may employ up to one full time equivalent	62363
educational assistant for each six full time equivalent licensed	62364
employees of the district. Educational assistants shall not be	62365
counted as licensed employees for purposes of state support in the	62366
school foundation program and no grouping or regrouping of pupils	62367
with educational assistants may be counted as a class or unit for	62368
school foundation program purposes. Neither special courses	62369
required by the regulations of the state board of education,	62370
prescribing minimum qualifications of education for an educational	62371
assistant, nor years of service as an educational assistant shall	62372
be counted in any way toward qualifying for a teacher license, for	62373
a teacher contract of any type, or for determining placement on a	62374
salary schedule in a school district as a teacher.	62375

(D) Educational assistants employed by a board of education	62376
shall have all rights, benefits, and legal protection available to	62377
other nonteaching employees in the school district, except that	62378
provisions of Chapter 124. of the Revised Code shall not apply to	62379
any person employed as an educational assistant, and shall be	62380
members of the school employees retirement system. Educational	62381
assistants shall be compensated according to a salary plan adopted	62382
annually by the board.	62383

Except as provided in this section nonteaching employees	62384
shall not serve as educational assistants without first obtaining	62385
an appropriate educational aide permit or educational	62386
paraprofessional license from the state board of education. A	62387
nonteaching employee who is the holder of a valid educational aide	62388
permit or educational paraprofessional license shall neither	62389
render nor be required to render services inconsistent with the	62390
type of services authorized by the permit or license held. No	62391
person shall receive compensation from a board of education for	62392
services rendered as an educational assistant in violation of this	62393
provision.	62394

Nonteaching employees whose functions are solely	62395
secretarial-clerical and who do not perform any other duties as	62396
educational assistants, even though they assist a teacher and work	62397
under the direction of a teacher shall not be required to hold a	62398
permit or license issued pursuant to this section. Students	62399
preparing to become licensed teachers or educational assistants	62400
shall not be required to hold an educational aide permit or	62401
paraprofessional license for such periods of time as such students	62402
are assigned, as part of their training program, to work with a	62403
teacher in a school district. Such students shall not be	62404
compensated for such services.	62405

Following the determination of the assignment and general job	62406
description of an educational assistant and subject to supervision	62407
by the teacher's immediate administrative officer, a teacher to	62408
whom an educational assistant is assigned shall make all final	62409
determinations of the duties to be assigned to such assistant.	62410
Teachers shall not be required to hold a license designated for	62411
being a supervisor or administrator in order to perform the	62412
necessary supervision of educational assistants.	62413

(E) No person who is, or who has been employed as an	62414
educational assistant shall divulge, except to the teacher to whom	62415
assigned, or the administrator of the school in the absence of the	62416
teacher to whom assigned, or when required to testify in a court	62417
or proceedings, any personal information concerning any pupil in	62418
the school district which was obtained or obtainable by the	62419
educational assistant while so employed. Violation of this	62420
provision is grounds for disciplinary action or dismissal, or	62421
both.	62422

Sec. 3319.11. (A) As used in this section:

62423

(1) "Evaluation procedures" means the procedures adopted	62424
pursuant to division (B) of section 3319.111 of the Revised Code.	62425

(2) "Limited contract" means a limited contract, as described	62426
in section 3319.08 of the Revised Code, that a school district	62427
board of education or governing board of an educational service	62428
center enters into with a teacher who is not eligible for	62429
continuing service status.	62430

(3) "Extended limited contract" means a limited contract, as	62431
described in section 3319.08 of the Revised Code, that a board of	62432
education or governing board enters into with a teacher who is	62433
eligible for continuing service status.	62434

(B) Teachers eligible for continuing service status in any	62435
city, exempted village, local, or joint vocational school district	62436
or educational service center shall be those teachers qualified as	62437
described in division ~~(B)(1) or (2)~~(D) of section 3319.08 of the	62438
Revised Code, who within the last five years have taught for at	62439
least three years in the district or center, and those teachers	62440
who, having attained continuing contract status elsewhere, have	62441
served two years in the district or center, but the board, upon	62442
the recommendation of the superintendent, may at the time of	62443
employment or at any time within such two-year period, declare any	62444
of the latter teachers eligible.	62445

(1) Upon the recommendation of the superintendent that a	62446
teacher eligible for continuing service status be reemployed, a	62447
continuing contract shall be entered into between the board and	62448
the teacher unless the board by a three-fourths vote of its full	62449
membership rejects the recommendation of the superintendent. If	62450
the board rejects by a three-fourths vote of its full membership	62451
the recommendation of the superintendent that a teacher eligible	62452
for continuing service status be reemployed and the superintendent	62453
makes no recommendation to the board pursuant to division (C) of	62454
this section, the board may declare its intention not to reemploy	62455
the teacher by giving the teacher written notice on or before the	62456
thirtieth day of April of its intention not to reemploy the	62457
teacher. If evaluation procedures have not been complied with	62458
pursuant to division (A) of section 3319.111 of the Revised Code	62459
or the board does not give the teacher written notice on or before	62460
the thirtieth day of April of its intention not to reemploy the	62461
teacher, the teacher is deemed reemployed under an extended	62462
limited contract for a term not to exceed one year at the same	62463
salary plus any increment provided by the salary schedule. The	62464
teacher is presumed to have accepted employment under the extended	62465
limited contract for a term not to exceed one year unless such	62466
teacher notifies the board in writing to the contrary on or before	62467
the first day of June, and an extended limited contract for a term	62468
not to exceed one year shall be executed accordingly. Upon any	62469
subsequent reemployment of the teacher only a continuing contract	62470
may be entered into.	62471

(2) If the superintendent recommends that a teacher eligible	62472
for continuing service status not be reemployed, the board may	62473
declare its intention not to reemploy the teacher by giving the	62474
teacher written notice on or before the thirtieth day of April of	62475
its intention not to reemploy the teacher. If evaluation	62476
procedures have not been complied with pursuant to division (A) of	62477
section 3319.111 of the Revised Code or the board does not give	62478
the teacher written notice on or before the thirtieth day of April	62479
of its intention not to reemploy the teacher, the teacher is	62480
deemed reemployed under an extended limited contract for a term	62481
not to exceed one year at the same salary plus any increment	62482
provided by the salary schedule. The teacher is presumed to have	62483
accepted employment under the extended limited contract for a term	62484
not to exceed one year unless such teacher notifies the board in	62485
writing to the contrary on or before the first day of June, and an	62486
extended limited contract for a term not to exceed one year shall	62487
be executed accordingly. Upon any subsequent reemployment of a	62488
teacher only a continuing contract may be entered into.	62489

(3) Any teacher receiving written notice of the intention of	62490
a board not to reemploy such teacher pursuant to this division is	62491
entitled to the hearing provisions of division (G) of this	62492
section.	62493

(C)(1) If a board rejects the recommendation of the	62494
superintendent for reemployment of a teacher pursuant to division	62495
(B)(1) of this section, the superintendent may recommend	62496
reemployment of the teacher, if continuing service status has not	62497
previously been attained elsewhere, under an extended limited	62498
contract for a term not to exceed two years, provided that written	62499
notice of the superintendent's intention to make such	62500
recommendation has been given to the teacher with reasons directed	62501
at the professional improvement of the teacher on or before the	62502
thirtieth day of April. Upon subsequent reemployment of the	62503
teacher only a continuing contract may be entered into.	62504

(2) If a board of education takes affirmative action on a	62505
superintendent's recommendation, made pursuant to division (C)(1)	62506
of this section, of an extended limited contract for a term not to	62507
exceed two years but the board does not give the teacher written	62508
notice of its affirmative action on the superintendent's	62509
recommendation of an extended limited contract on or before the	62510
thirtieth day of April, the teacher is deemed reemployed under a	62511
continuing contract at the same salary plus any increment provided	62512
by the salary schedule. The teacher is presumed to have accepted	62513
employment under such continuing contract unless such teacher	62514
notifies the board in writing to the contrary on or before the	62515
first day of June, and a continuing contract shall be executed	62516
accordingly.	62517

(3) A board shall not reject a superintendent's	62518
recommendation, made pursuant to division (C)(1) of this section,	62519
of an extended limited contract for a term not to exceed two years	62520
except by a three-fourths vote of its full membership. If a board	62521
rejects by a three-fourths vote of its full membership the	62522
recommendation of the superintendent of an extended limited	62523
contract for a term not to exceed two years, the board may declare	62524
its intention not to reemploy the teacher by giving the teacher	62525
written notice on or before the thirtieth day of April of its	62526
intention not to reemploy the teacher. If evaluation procedures	62527
have not been complied with pursuant to division (A) of section	62528
3319.111 of the Revised Code or if the board does not give the	62529
teacher written notice on or before the thirtieth day of April of	62530
its intention not to reemploy the teacher, the teacher is deemed	62531
reemployed under an extended limited contract for a term not to	62532
exceed one year at the same salary plus any increment provided by	62533
the salary schedule. The teacher is presumed to have accepted	62534
employment under the extended limited contract for a term not to	62535
exceed one year unless such teacher notifies the board in writing	62536
to the contrary on or before the first day of June, and an	62537
extended limited contract for a term not to exceed one year shall	62538
be executed accordingly. Upon any subsequent reemployment of the	62539
teacher only a continuing contract may be entered into.	62540

Any teacher receiving written notice of the intention of a	62541
board not to reemploy such teacher pursuant to this division is	62542
entitled to the hearing provisions of division (G) of this	62543
section.	62544

(D) A teacher eligible for continuing contract status	62545
employed under an extended limited contract pursuant to division	62546
(B) or (C) of this section, is, at the expiration of such extended	62547
limited contract, deemed reemployed under a continuing contract at	62548
the same salary plus any increment granted by the salary schedule,	62549
unless evaluation procedures have been complied with pursuant to	62550
division (A) of section 3319.111 of the Revised Code and the	62551
employing board, acting on the superintendent's recommendation	62552
that the teacher not be reemployed, gives the teacher written	62553
notice on or before the thirtieth day of April of its intention	62554
not to reemploy such teacher. A teacher who does not have	62555
evaluation procedures applied in compliance with division (A) of	62556
section 3319.111 of the Revised Code or who does not receive	62557
notice on or before the thirtieth day of April of the intention of	62558
the board not to reemploy such teacher is presumed to have	62559
accepted employment under a continuing contract unless such	62560
teacher notifies the board in writing to the contrary on or before	62561
the first day of June, and a continuing contract shall be executed	62562
accordingly.	62563

Any teacher receiving a written notice of the intention of a	62564
board not to reemploy such teacher pursuant to this division is	62565
entitled to the hearing provisions of division (G) of this	62566
section.	62567

(E) A limited contract may be entered into by each board with	62568
each teacher who has not been in the employ of the board for at	62569
least three years and shall be entered into, regardless of length	62570
of previous employment, with each teacher employed by the board	62571
who ~~holds a provisional, temporary, or associate license, or who~~	62572
~~holds a professional license and~~ is not eligible to be considered	62573
for a continuing contract.	62574

Any teacher employed under a limited contract, and not	62575
eligible to be considered for a continuing contract, is, at the	62576
expiration of such limited contract, considered reemployed under	62577
the provisions of this division at the same salary plus any	62578
increment provided by the salary schedule unless evaluation	62579
procedures have been complied with pursuant to division (A) of	62580
section 3319.111 of the Revised Code and the employing board,	62581
acting upon the superintendent's written recommendation that the	62582
teacher not be reemployed, gives such teacher written notice of	62583
its intention not to reemploy such teacher on or before the	62584
thirtieth day of April. A teacher who does not have evaluation	62585
procedures applied in compliance with division (A) of section	62586
3319.111 of the Revised Code or who does not receive notice of the	62587
intention of the board not to reemploy such teacher on or before	62588
the thirtieth day of April is presumed to have accepted such	62589
employment unless such teacher notifies the board in writing to	62590
the contrary on or before the first day of June, and a written	62591
contract for the succeeding school year shall be executed	62592
accordingly.	62593

Any teacher receiving a written notice of the intention of a	62594
board not to reemploy such teacher pursuant to this division is	62595
entitled to the hearing provisions of division (G) of this	62596
section.	62597

(F) The failure of a superintendent to make a recommendation	62598
to the board under any of the conditions set forth in divisions	62599
(B) to (E) of this section, or the failure of the board to give	62600
such teacher a written notice pursuant to divisions (C) to (E) of	62601
this section shall not prejudice or prevent a teacher from being	62602
deemed reemployed under either a limited or continuing contract as	62603
the case may be under the provisions of this section. A failure of	62604
the parties to execute a written contract shall not void any	62605
automatic reemployment provisions of this section.	62606

(G)(1) Any teacher receiving written notice of the intention	62607
of a board of education not to reemploy such teacher pursuant to	62608
division (B), (C)(3), (D), or (E) of this section may, within ten	62609
days of the date of receipt of the notice, file with the treasurer	62610
of the board a written demand for a written statement describing	62611
the circumstances that led to the board's intention not to	62612
reemploy the teacher.	62613

(2) The treasurer of a board, on behalf of the board, shall,	62614
within ten days of the date of receipt of a written demand for a	62615
written statement pursuant to division (G)(1) of this section,	62616
provide to the teacher a written statement describing the	62617
circumstances that led to the board's intention not to reemploy	62618
the teacher.	62619

(3) Any teacher receiving a written statement describing the	62620
circumstances that led to the board's intention not to reemploy	62621
the teacher pursuant to division (G)(2) of this section may,	62622
within five days of the date of receipt of the statement, file	62623
with the treasurer of the board a written demand for a hearing	62624
before the board pursuant to divisions (G)(4) to (6) of this	62625
section.	62626

(4) The treasurer of a board, on behalf of the board, shall,	62627
within ten days of the date of receipt of a written demand for a	62628
hearing pursuant to division (G)(3) of this section, provide to	62629
the teacher a written notice setting forth the time, date, and	62630
place of the hearing. The board shall schedule and conclude the	62631
hearing within forty days of the date on which the treasurer of	62632
the board receives a written demand for a hearing pursuant to	62633
division (G)(3) of this section.	62634

(5) Any hearing conducted pursuant to this division shall be	62635
conducted by a majority of the members of the board. The hearing	62636
shall be held in executive session of the board unless the board	62637
and the teacher agree to hold the hearing in public. The	62638
superintendent, assistant superintendent, the teacher, and any	62639
person designated by either party to take a record of the hearing	62640
may be present at the hearing. The board may be represented by	62641
counsel and the teacher may be represented by counsel or a	62642
designee. A record of the hearing may be taken by either party at	62643
the expense of the party taking the record.	62644

(6) Within ten days of the conclusion of a hearing conducted	62645
pursuant to this division, the board shall issue to the teacher a	62646
written decision containing an order affirming the intention of	62647
the board not to reemploy the teacher reported in the notice given	62648
to the teacher pursuant to division (B), (C)(3), (D), or (E) of	62649
this section or an order vacating the intention not to reemploy	62650
and expunging any record of the intention, notice of the	62651
intention, and the hearing conducted pursuant to this division.	62652

(7) A teacher may appeal an order affirming the intention of	62653
the board not to reemploy the teacher to the court of common pleas	62654
of the county in which the largest portion of the territory of the	62655
school district or service center is located, within thirty days	62656
of the date on which the teacher receives the written decision, on	62657
the grounds that the board has not complied with this section	62658
~~3319.11~~ or section 3319.111 of the Revised Code.	62659

Notwithstanding section 2506.04 of the Revised Code, the	62660
court in an appeal under this division is limited to the	62661
determination of procedural errors and to ordering the correction	62662
of procedural errors and shall have no jurisdiction to order a	62663
board to reemploy a teacher, except that the court may order a	62664
board to reemploy a teacher in compliance with the requirements of	62665
division (B), (C)(3), (D), or (E) of this section when the court	62666
determines that evaluation procedures have not been complied with	62667
pursuant to division (A) of section 3319.111 of the Revised Code	62668
or the board has not given the teacher written notice on or before	62669
the thirtieth day of April of its intention not to reemploy the	62670
teacher pursuant to division (B), (C)(3), (D), or (E) of this	62671
section. Otherwise, the determination whether to reemploy or not	62672
reemploy a teacher is solely a board's determination and not a	62673
proper subject of judicial review and, except as provided in this	62674
division, no decision of a board whether to reemploy or not	62675
reemploy a teacher shall be invalidated by the court on any basis,	62676
including that the decision was not warranted by the results of	62677
any evaluation or was not warranted by any statement given	62678
pursuant to division (G)(2) of this section.	62679

No appeal of an order of a board may be made except as	62680
specified in this division.	62681

(H)(1) In giving a teacher any notice required by division	62682
(B), (C), (D), or (E) of this section, the board or the	62683
superintendent shall do either of the following:	62684

(a) Deliver the notice by personal service upon the teacher;

62685

(b) Deliver the notice by certified mail, return receipt	62686
requested, addressed to the teacher at the teacher's place of	62687
employment and deliver a copy of the notice by certified mail,	62688
return receipt requested, addressed to the teacher at the	62689
teacher's place of residence.	62690

(2) In giving a board any notice required by division (B),	62691
(C), (D), or (E) of this section, the teacher shall do either of	62692
the following:	62693

(a) Deliver the notice by personal delivery to the office of	62694
the superintendent during regular business hours;	62695

(b) Deliver the notice by certified mail, return receipt	62696
requested, addressed to the office of the superintendent and	62697
deliver a copy of the notice by certified mail, return receipt	62698
requested, addressed to the president of the board at the	62699
president's place of residence.	62700

(3) When any notice and copy of the notice are mailed	62701
pursuant to division (H)(1)(b) or (2)(b) of this section, the	62702
notice or copy of the notice with the earlier date of receipt	62703
shall constitute the notice for the purposes of division (B), (C),	62704
(D), or (E) of this section.	62705

(I) The provisions of this section shall not apply to any	62706
supplemental written contracts entered into pursuant to section	62707
3319.08 of the Revised Code.	62708

Sec. 3319.151. (A) No person shall reveal to any student any	62709
specific question that the person knows is part of ~~a test~~an	62710
assessment to be administered under section 3301.0711 of the	62711
Revised Code or in any other way assist a pupil to cheat on such a	62712
~~test~~an assessment.	62713

(B) On a finding by the state board of education, after	62714
investigation, that a school employee who holds a license issued	62715
under sections 3319.22 to 3319.31 of the Revised Code has violated	62716
division (A) of this section, the license of such teacher shall be	62717
suspended for one year. Prior to commencing an investigation, the	62718
board shall give the teacher notice of the allegation and an	62719
opportunity to respond and present a defense.	62720

(C)(1) Violation of division (A) of this section is grounds	62721
for termination of employment of a nonteaching employee under	62722
division (C) of section 3319.081 or section 124.34 of the Revised	62723
Code.	62724

(2) Violation of division (A) of this section is grounds for	62725
termination of a teacher contract under section 3319.16 of the	62726
Revised Code.	62727

Sec. 3319.16. The contract of any teacher employed by the	62728
board of education of any city, exempted village, local, county,	62729
or joint vocational school district may not be terminated except	62730
~~for gross inefficiency or immorality; for willful and persistent~~	62731
~~violations of reasonable regulations of the board of education;~~	62732
or for ~~other~~ good and just cause. ~~Before~~Notwithstanding any	62733
provision to the contrary in Chapter 4117. of the Revised Code,	62734
the provisions of this section relating to the grounds for	62735
termination of the contract of a teacher prevail over any	62736
conflicting provisions of a collective bargaining agreement	62737
entered into after the effective date of this amendment.	62738

Before terminating any contract, the employing board shall	62739
furnish the teacher a written notice signed by its treasurer of	62740
its intention to consider the termination of ~~his~~the teacher's	62741
contract with full specification of the grounds for such	62742
consideration. The board shall not proceed with formal action to	62743
terminate the contract until after the tenth day after receipt of	62744
the notice by the teacher. Within ten days after receipt of the	62745
notice from the treasurer of the board, the teacher may file with	62746
the treasurer a written demand for a hearing before the board or	62747
before a referee, and the board shall set a time for the hearing	62748
which shall be within thirty days from the date of receipt of the	62749
written demand, and the treasurer shall give the teacher at least	62750
twenty days' notice in writing of the time and place of the	62751
hearing. If a referee is demanded by either the teacher or board,	62752
the treasurer also shall give twenty days' notice to the	62753
superintendent of public instruction. No hearing shall be held	62754
during the summer vacation without the teacher's consent. The	62755
hearing shall be private unless the teacher requests a public	62756
hearing. The hearing shall be conducted by a referee appointed	62757
pursuant to section 3319.161 of the Revised Code, if demanded;	62758
otherwise, it shall be conducted by a majority of the members of	62759
the board and shall be confined to the grounds given for the	62760
termination. The board shall provide for a complete stenographic	62761
record of the proceedings, a copy of the record to be furnished to	62762
the teacher. The board may suspend a teacher pending final action	62763
to terminate ~~his~~the teacher's contract if, in its judgment, the	62764
character of the charges warrants such action.	62765

Both parties may be present at such hearing, be represented	62766
by counsel, require witnesses to be under oath, cross-examine	62767
witnesses, take a record of the proceedings, and require the	62768
presence of witnesses in their behalf upon subpoena to be issued	62769
by the treasurer of the board. In case of the failure of any	62770
person to comply with a subpoena, a judge of the court of common	62771
pleas of the county in which the person resides, upon application	62772
of any interested party, shall compel attendance of the person by	62773
attachment proceedings as for contempt. Any member of the board or	62774
the referee may administer oaths to witnesses. After a hearing by	62775
a referee, the referee shall file ~~his~~a report within ten days	62776
after the termination of the hearing. After consideration of the	62777
referee's report, the board, by a majority vote, may accept or	62778
reject the referee's recommendation on the termination of the	62779
teacher's contract. After a hearing by the board, the board, by	62780
majority vote, may enter its determination upon its minutes. Any	62781
order of termination of a contract shall state the grounds for	62782
termination. If the decision, after hearing, is against	62783
termination of the contract, the charges and the record of the	62784
hearing shall be physically expunged from the minutes, and, if the	62785
teacher has suffered any loss of salary by reason of being	62786
suspended, hethe teacher shall be paid ~~his~~the teacher's full	62787
salary for the period of such suspension.	62788

Any teacher affected by an order of termination of contract	62789
may appeal to the court of common pleas of the county in which the	62790
school is located within thirty days after receipt of notice of	62791
the entry of such order. The appeal shall be an original action in	62792
the court and shall be commenced by the filing of a complaint	62793
against the board, in which complaint the facts shall be alleged	62794
upon which the teacher relies for a reversal or modification of	62795
such order of termination of contract. Upon service or waiver of	62796
summons in that appeal, the board immediately shall transmit to	62797
the clerk of the court for filing a transcript of the original	62798
papers filed with the board, a certified copy of the minutes of	62799
the board into which the termination finding was entered, and a	62800
certified transcript of all evidence adduced at the hearing or	62801
hearings before the board or a certified transcript of all	62802
evidence adduced at the hearing or hearings before the referee,	62803
whereupon the cause shall be at issue without further pleading and	62804
shall be advanced and heard without delay. The court shall examine	62805
the transcript and record of the hearing and shall hold such	62806
additional hearings as it considers advisable, at which it may	62807
consider other evidence in addition to the transcript and record.	62808

Upon final hearing, the court shall grant or deny the relief	62809
prayed for in the complaint as may be proper in accordance with	62810
the evidence adduced in the hearing. Such an action is a special	62811
proceeding, and either the teacher or the board may appeal from	62812
the decision of the court of common pleas pursuant to the Rules of	62813
Appellate Procedure and, to the extent not in conflict with those	62814
rules, Chapter 2505. of the Revised Code.	62815

In any court action, the board may utilize the services of	62816
the prosecuting attorney, village solicitor, city director of law,	62817
or other chief legal officer of a municipal corporation as	62818
authorized by section 3313.35 of the Revised Code, or may employ	62819
other legal counsel.	62820

A violation of division (A)(7) of section 2907.03 of the	62821
Revised Code is grounds for termination of a teacher contract	62822
under this section.	62823

Sec. 3319.161. For the purpose of providing referees for the	62824
hearings required by section 3319.16 of the Revised Code, the	62825
superintendent of public instruction shall compile a list of	62826
resident electors from names that hethe superintendent shall	62827
solicit annually from the state bar association.	62828

Upon receipt of notice that a referee has been demanded by a	62829
teacher or by a board of education, the superintendent of public	62830
instruction shall immediately designate three persons from such	62831
list, from whom the referee to hear the matter shall be chosen,	62832
and hethe superintendent shall immediately notify the designees,	62833
the teacher, and the board of the school district involved. If	62834
within five days of receipt of the notice, the teacher and board	62835
are unable to select a mutually agreeable designee to serve as	62836
referee, the superintendent of public instruction shall appoint	62837
one of the three designees to serve as referee. The appointment of	62838
the referee shall be entered in the minutes of the board. The	62839
referee appointed shall be paid ~~his~~the referee's usual and	62840
customary fee for attending the hearing which shall be paid from	62841
the school district general fund upon vouchers approved by the	62842
superintendent of public instruction and presented to the	62843
treasurer of the district. No referee shall be a member of, an	62844
employee of, or teacher employed by the board of education nor	62845
related to any such person by consanguinity or marriage. ~~No person~~	62846
~~shall be appointed to hear more than two contract termination~~	62847
~~cases in any school year.~~	62848

Sec. 3319.22. (A)(1) The state board of education shall	62849
~~adopt rules establishing the standards and requirements for~~	62850
~~obtaining temporary, associate, provisional, and professional~~	62851
issue the following educator licenses:	62852

(a) A resident educator license, which shall be valid for	62853
four years, except that the state board, on a case-by-case basis,	62854
may extend the license's duration as necessary to enable the	62855
license holder to complete the Ohio teacher residency program	62856
established under section 3319.223 of the Revised Code;	62857

(b) A professional educator license, which shall be valid for	62858
five years and shall be renewable;	62859

(c) A senior professional educator license, which shall be	62860
valid for five years and shall be renewable;	62861

(d) A lead professional educator license, which shall be	62862
valid for five years and shall be renewable.	62863

(2) The state board may issue any additional educator	62864
licenses of ~~any~~ categories, types, and levels the board elects to	62865
provide. ~~However, no educator license shall be required for~~	62866
~~teaching children two years old or younger.~~	62867

~~(2)~~(3) The state board shall adopt rules establishing the	62868
standards and requirements for obtaining each educator license	62869
issued under this section.	62870

(B) The rules adopted under this section shall require at	62871
least the following standards and qualifications for the educator	62872
licenses described in division (A)(1) of this section:	62873

(1) An applicant for a resident educator license shall hold	62874
at least a bachelor's degree from an accredited teacher	62875
preparation program.	62876

(2) An applicant for a professional educator license shall:

62877

(a) Hold at least a bachelor's degree from an institution of	62878
higher education accredited by a regional accrediting	62879
organization;	62880

(b) Have successfully completed the Ohio teacher residency	62881
program established under section 3319.223 of the Revised Code, if	62882
the applicant's current or most recently issued license is a	62883
resident educator license issued under this section or an	62884
alternative resident educator license issued under section 3319.26	62885
of the Revised Code.	62886

(3) An applicant for a senior professional educator license	62887
shall:	62888

(a) Hold at least a master's degree from an institution of	62889
higher education accredited by a regional accrediting	62890
organization;	62891

(b) Have previously held a professional educator license	62892
issued under this section or section 3319.222 or under former	62893
section 3319.22 of the Revised Code;	62894

(c) Meet the criteria for the accomplished or distinguished	62895
level of performance, as described in the standards for teachers	62896
adopted by the state board under section 3319.61 of the Revised	62897
Code.	62898

(4) An applicant for a lead professional educator license	62899
shall:	62900

(a) Hold at least a master's degree from an institution of	62901
higher education accredited by a regional accrediting	62902
organization;	62903

(b) Have previously held a professional educator license or a	62904
senior professional educator license issued under this section or	62905
a professional educator license issued under section 3319.222 or	62906
former section 3319.22 of the Revised Code;	62907

(c) Meet the criteria for the distinguished level of	62908
performance, as described in the standards for teachers adopted by	62909
the state board under section 3319.61 of the Revised Code;	62910

(d) Either hold a valid certificate issued by the national	62911
board for professional teaching standards or meet the criteria for	62912
a master teacher or other criteria for a lead teacher adopted by	62913
the educator standards board under division (F)(4) or (5) of	62914
section 3319.61 of the Revised Code.	62915

(C) The state board shall align the standards and	62916
qualifications for obtaining a principal license with the	62917
standards for principals adopted by the state board under section	62918
3319.61 of the Revised Code.	62919

(D) If the state board requires any examinations for educator	62920
licensure, the department of education shall provide the results	62921
of such examinations received by the department to the chancellor	62922
of the Ohio board of regents, in the manner and to the extent	62923
permitted by state and federal law.	62924

~~(B)~~(E) Any rules the state board of education adopts, amends,	62925
or rescinds for educator licenses under this section, division (D)	62926
of section 3301.07 of the Revised Code, or any other law shall be	62927
adopted, amended, or rescinded under Chapter 119. of the Revised	62928
Code except as follows:	62929

(1) Notwithstanding division (D) of section 119.03 and	62930
division (A)(1) of section 119.04 of the Revised Code, in the case	62931
of the adoption of any rule or the amendment or rescission of any	62932
rule that necessitates institutions' offering ~~teacher~~ preparation	62933
programs for educators and other school personnel that are	62934
approved by the ~~state board of education~~chancellor of the Ohio	62935
board of regents under section ~~3319.23~~3333.048 of the Revised	62936
Code to revise the curriculum of those programs, the effective	62937
date shall not be as prescribed in division (D) of section 119.03	62938
and division (A)(1) of section 119.04 of the Revised Code.	62939
Instead, the effective date of such rules, or the amendment or	62940
rescission of such rules, shall be the date prescribed by section	62941
~~3319.23~~3333.048 of the Revised Code.	62942

(2) Notwithstanding the authority to adopt, amend, or rescind	62943
emergency rules in division (F) of section 119.03 of the Revised	62944
Code, this authority shall not apply to the state board of	62945
education with regard to rules for educator licenses.	62946

~~(C)~~(F)(1) The rules adopted under this section establishing	62947
standards requiring additional coursework for the renewal of any	62948
educator license shall require a school district and a chartered	62949
nonpublic school to establish local professional development	62950
committees. In a nonpublic school, the chief administrative	62951
officer shall establish the committees in any manner acceptable to	62952
such officer. The committees established under this division shall	62953
determine whether coursework that a district or chartered	62954
nonpublic school teacher proposes to complete meets the	62955
requirement of the rules. The department of education shall	62956
provide technical assistance and support to committees as the	62957
committees incorporate the professional development standards	62958
adopted by the state board of education pursuant to section	62959
3319.61 of the Revised Code into their review of coursework that	62960
is appropriate for license renewal. The rules shall establish a	62961
procedure by which a teacher may appeal the decision of a local	62962
professional development committee.	62963

(2) In any school district in which there is no exclusive	62964
representative established under Chapter 4117. of the Revised	62965
Code, the professional development committees shall be established	62966
as described in division ~~(C)~~(F)(2) of this section.	62967

Not later than the effective date of the rules adopted under	62968
this section, the board of education of each school district shall	62969
establish the structure for one or more local professional	62970
development committees to be operated by such school district. The	62971
committee structure so established by a district board shall	62972
remain in effect unless within thirty days prior to an anniversary	62973
of the date upon which the current committee structure was	62974
established, the board provides notice to all affected district	62975
employees that the committee structure is to be modified.	62976
Professional development committees may have a district-level or	62977
building-level scope of operations, and may be established with	62978
regard to particular grade or age levels for which an educator	62979
license is designated.	62980

Each professional development committee shall consist of at	62981
least three classroom teachers employed by the district, one	62982
principal employed by the district, and one other employee of the	62983
district appointed by the district superintendent. For committees	62984
with a building-level scope, the teacher and principal members	62985
shall be assigned to that building, and the teacher members shall	62986
be elected by majority vote of the classroom teachers assigned to	62987
that building. For committees with a district-level scope, the	62988
teacher members shall be elected by majority vote of the classroom	62989
teachers of the district, and the principal member shall be	62990
elected by a majority vote of the principals of the district,	62991
unless there are two or fewer principals employed by the district,	62992
in which case the one or two principals employed shall serve on	62993
the committee. If a committee has a particular grade or age level	62994
scope, the teacher members shall be licensed to teach such grade	62995
or age levels, and shall be elected by majority vote of the	62996
classroom teachers holding such a license and the principal shall	62997
be elected by all principals serving in buildings where any such	62998
teachers serve. The district superintendent shall appoint a	62999
replacement to fill any vacancy that occurs on a professional	63000
development committee, except in the case of vacancies among the	63001
elected classroom teacher members, which shall be filled by vote	63002
of the remaining members of the committee so selected.	63003

Terms of office on professional development committees shall	63004
be prescribed by the district board establishing the committees.	63005
The conduct of elections for members of professional development	63006
committees shall be prescribed by the district board establishing	63007
the committees. A professional development committee may include	63008
additional members, except that the majority of members on each	63009
such committee shall be classroom teachers employed by the	63010
district. Any member appointed to fill a vacancy occurring prior	63011
to the expiration date of the term for which a predecessor was	63012
appointed shall hold office as a member for the remainder of that	63013
term.	63014

The initial meeting of any professional development	63015
committee, upon election and appointment of all committee members,	63016
shall be called by a member designated by the district	63017
superintendent. At this initial meeting, the committee shall	63018
select a chairperson and such other officers the committee deems	63019
necessary, and shall adopt rules for the conduct of its meetings.	63020
Thereafter, the committee shall meet at the call of the	63021
chairperson or upon the filing of a petition with the district	63022
superintendent signed by a majority of the committee members	63023
calling for the committee to meet.	63024

(3) In the case of a school district in which an exclusive	63025
representative has been established pursuant to Chapter 4117. of	63026
the Revised Code, professional development committees shall be	63027
established in accordance with any collective bargaining agreement	63028
in effect in the district that includes provisions for such	63029
committees.	63030

If the collective bargaining agreement does not specify a	63031
different method for the selection of teacher members of the	63032
committees, the exclusive representative of the district's	63033
teachers shall select the teacher members.	63034

If the collective bargaining agreement does not specify a	63035
different structure for the committees, the board of education of	63036
the school district shall establish the structure, including the	63037
number of committees and the number of teacher and administrative	63038
members on each committee; the specific administrative members to	63039
be part of each committee; whether the scope of the committees	63040
will be district levels, building levels, or by type of grade or	63041
age levels for which educator licenses are designated; the lengths	63042
of terms for members; the manner of filling vacancies on the	63043
committees; and the frequency and time and place of meetings.	63044
However, in all cases, except as provided in division ~~(C)~~(F)(4) of	63045
this section, there shall be a majority of teacher members of any	63046
professional development committee, there shall be at least five	63047
total members of any professional development committee, and the	63048
exclusive representative shall designate replacement members in	63049
the case of vacancies among teacher members, unless the collective	63050
bargaining agreement specifies a different method of selecting	63051
such replacements.	63052

(4) Whenever an administrator's coursework plan is being	63053
discussed or voted upon, the local professional development	63054
committee shall, at the request of one of its administrative	63055
members, cause a majority of the committee to consist of	63056
administrative members by reducing the number of teacher members	63057
voting on the plan.	63058

~~(D)~~(G)(1) The department of education, educational service	63059
centers, county boards of mental retardation and developmental	63060
disabilities, regional professional development centers, special	63061
education regional resource centers, college and university	63062
departments of education, head start programs, the eTech Ohio	63063
commission, and the Ohio education computer network may establish	63064
local professional development committees to determine whether the	63065
coursework proposed by their employees who are licensed or	63066
certificated under this section or section 3319.222 of the Revised	63067
Code, or under the former version of either section as it existed	63068
prior to the effective date of this amendment, meet the	63069
requirements of the rules adopted under this section. They may	63070
establish local professional development committees on their own	63071
or in collaboration with a school district or other agency having	63072
authority to establish them.	63073

Local professional development committees established by	63074
county boards of mental retardation and developmental disabilities	63075
shall be structured in a manner comparable to the structures	63076
prescribed for school districts in divisions ~~(C)~~(F)(2) and (3) of	63077
this section, as shall the committees established by any other	63078
entity specified in division ~~(D)~~(G)(1) of this section that	63079
provides educational services by employing or contracting for	63080
services of classroom teachers licensed or certificated under this	63081
section or section 3319.222 of the Revised Code, or under the	63082
former version of either section as it existed prior to the	63083
effective date of this amendment. All other entities specified in	63084
division ~~(D)~~(G)(1) of this section shall structure their	63085
committees in accordance with guidelines which shall be issued by	63086
the state board.	63087

(2) Any public agency that is not specified in division	63088
~~(D)~~(G)(1) of this section but provides educational services and	63089
employs or contracts for services of classroom teachers licensed	63090
or certificated under this section or section 3319.222 of the	63091
Revised Code, or under the former version of either section as it	63092
existed prior to the effective date of this amendment, may	63093
establish a local professional development committee, subject to	63094
the approval of the department of education. The committee shall	63095
be structured in accordance with guidelines issued by the state	63096
board.	63097

Sec. 3319.221. (A) The state board of education shall adopt	63098
rules establishing the standards and requirements for obtaining a	63099
school nurse license and a school nurse wellness coordinator	63100
license. At a minimum, the rules shall require that an applicant	63101
for a school nurse license be licensed as a registered nurse under	63102
Chapter 4723. of the Revised Code.	63103

(B) If the state board requires any examinations for	63104
licensure under this section, the department of education shall	63105
provide the examination results received by the department to the	63106
chancellor of the Ohio board of regents, in the manner and to the	63107
extent permitted by state and federal law.	63108

(C) Any rules for licenses described in this section that the	63109
state board adopts, amends, or rescinds under this section,	63110
division (D) of section 3301.07 of the Revised Code, or any other	63111
law shall be adopted, amended, or rescinded under Chapter 119. of	63112
the Revised Code, except that the authority to adopt, amend, or	63113
rescind emergency rules under division (F) of section 119.03 of	63114
the Revised Code shall not apply to the state board with respect	63115
to rules for licenses described in this section.	63116

(D) Any registered nurse employed by a school district in the	63117
capacity of school nurse on January 1, 1973, or any registered	63118
nurse employed by a city or general health district on January 1,	63119
1973, to serve full-time in the capacity of school nurse in one or	63120
more school districts, shall be considered to have fulfilled the	63121
requirements for the issuance of a school nurse license under this	63122
section ~~3319.22 of the Revised Code~~.	63123

Sec. 3319.222. (A) Notwithstanding the amendments to and	63124
repeal of statutes by the act that enacted this section, the state	63125
board of education shall accept applications for new, and renewal	63126
and upgrade of, temporary, associate, provisional, and	63127
professional educator licenses, alternative educator licenses,	63128
one-year conditional teaching permits, and school nurse licenses	63129
through December 31, 2010, and issue them on the basis of the	63130
applications received by that date in accordance with the former	63131
statutes in effect immediately prior to amendment or repeal by	63132
the act that enacted this section.	63133

(B) A permanent teacher's certificate issued under former	63134
sections 3319.22 to 3319.31 of the Revised Code prior to October	63135
29, 1996, or under former section 3319.222 of the Revised Code as	63136
it existed prior to the effective date of this section, shall be	63137
valid for teaching in the subject areas and grades for which the	63138
certificate was issued, except as the certificate is limited,	63139
suspended, or revoked under section 3319.31 of the Revised Code.	63140

(C) The following certificates, permits, or licenses shall be	63141
valid until the certificate, permit, or license expires for	63142
teaching in the subject areas and grades for which the	63143
certificate, permit, or license was issued, except as the	63144
certificate, permit, or license is limited, suspended, or revoked	63145
under section 3319.31 of the Revised Code:	63146

(1) Any professional teacher's certificate issued under	63147
former section 3319.222 of the Revised Code, as it existed prior	63148
to the effective date of this section;	63149

(2) Any temporary, associate, provisional, or professional	63150
educator license issued under former section 3319.22 of the	63151
Revised Code, as it existed prior to the effective date of this	63152
section, or under division (A) of this section;	63153

(3) Any alternative educator license issued under former	63154
section 3319.26 of the Revised Code, as it existed prior to the	63155
effective date of this section, or under division (A) of this	63156
section;	63157

(4) Any one-year conditional teaching permit issued under	63158
former section 3319.302 or 3319.304 of the Revised Code, as it	63159
existed prior to the effective date of this section, or under	63160
division (A) of this section.	63161

(D) Any school nurse license issued under former section	63162
3319.22 of the Revised Code, as it existed prior to the effective	63163
date of this section, or under division (A) of this section shall	63164
be valid until the license expires for employment as a school	63165
nurse, except as the license is limited, suspended, or revoked	63166
under section 3319.31 of the Revised Code.	63167

(E) Nothing in this section shall be construed to prohibit a	63168
person from applying to the state board for an educator license	63169
issued under section 3319.22 of the Revised Code, a school nurse	63170
license or a school nurse wellness coordinator license issued	63171
under section 3319.221 of the Revised Code, or an alternative	63172
resident educator license issued under section 3319.26 of the	63173
Revised Code, as the section exists on and after the effective	63174
date of this section.	63175

(F) On and after the effective date of this section, any	63176
reference in the Revised Code to educator licensing is hereby	63177
deemed to refer also to certification or licensure under divisions	63178
(A) to (D) of this section.	63179

Sec. 3319.223. (A) Not later than January 1, 2011, the	63180
superintendent of public instruction and the chancellor of the	63181
Ohio board of regents jointly shall establish the Ohio teacher	63182
residency program, which shall be a four-year, entry-level program	63183
for classroom teachers. The teacher residency program shall	63184
include at least the following components:	63185

(1) Mentoring by teachers who hold a lead professional	63186
educator license issued under section 3319.22 of the Revised Code;	63187

(2) Counseling to ensure that program participants receive	63188
needed professional development;	63189

(3) Measures of appropriate progression through the program.

63190

(B) The teacher residency program shall be aligned with the	63191
standards for teachers adopted by the state board of education	63192
under section 3319.61 of the Revised Code and best practices	63193
identified by the superintendent of public instruction.	63194

(C) Each person who holds a resident educator license issued	63195
under section 3319.22 of the Revised Code or an alternative	63196
resident educator license issued under section 3319.26 of the	63197
Revised Code shall participate in the teacher residency program.	63198
Successful completion of the program shall be required to qualify	63199
any such person for a professional educator license issued under	63200
section 3319.22 of the Revised Code.	63201

Sec. 3319.234. The teacher quality partnership, a consortium	63202
of teacher preparation programs that have been approved by the	63203
~~state board of education~~chancellor of the Ohio board of regents	63204
under section ~~3319.23~~3333.048 of the Revised Code, shall study	63205
the relationship of teacher performance on educator licensure	63206
assessments, as adopted by the state board of education under	63207
section 3319.22 of the Revised Code, to teacher effectiveness in	63208
the classroom. Not later than September 1, 2008, the partnership	63209
shall begin submitting annual data reports along with any other	63210
data on teacher effectiveness the partnership determines	63211
appropriate to the governor, the president and minority leader of	63212
the senate, the speaker and minority leader of the house of	63213
representatives, the chairpersons and ranking minority members of	63214
the standing committees of the senate and the house of	63215
representatives that consider education legislation, the	63216
superintendent of public instruction, the state board of	63217
education, and the chancellor of the Ohio board of regents~~, and~~	63218
~~the partnership for continued learning~~.	63219

Sec. 3319.235. (A) The standards for the preparation of	63220
teachers adopted under section ~~3319.23~~3333.048 of the Revised	63221
Code shall require any institution that provides a course of study	63222
for the training of teachers to ensure that graduates of such	63223
course of study are skilled at integrating educational technology	63224
in the instruction of children, as evidenced by the graduate	63225
having either demonstrated proficiency in such skills in a manner	63226
prescribed by the department of education or completed a course	63227
that includes training in such skills.	63228

(B) The eTech Ohio commission shall establish model	63229
professional development programs to assist teachers who completed	63230
their teacher preparation prior to the effective date of division	63231
(A) of this section to become skilled at integrating educational	63232
technology in the instruction of children. The commission shall	63233
provide technical assistance to school districts wishing to	63234
establish such programs.	63235

Sec. 3319.24. This section does not apply to any applicant	63236
for an educator license that is designed for persons specializing	63237
in teaching children in kindergarten through twelfth grade, or the	63238
equivalent, in the area of dance, drama, theater, music, visual	63239
arts, or physical education or a specialty area substantially	63240
equivalent to any of these when such applicant will be teaching	63241
children in the specialty area specified in the license.	63242

(A) As used in this section:

63243

(1) "Coursework in the teaching of reading" means coursework	63244
that includes training in a range of instructional strategies for	63245
teaching reading, in the assessment of reading skills, and in the	63246
diagnosis and remediation of reading difficulties;	63247

(2) "Phonics" means the techniques and strategies used to	63248
teach children to match, blend, and translate letters of the	63249
alphabet into the sounds they represent, which techniques and	63250
strategies are systematically integrated and thoroughly practiced	63251
in a developmentally appropriate instructional program to assist	63252
the child in learning to read, write, and spell;	63253

(3) "Course in the teaching of phonics" means a course	63254
providing the background necessary for effectively teaching and	63255
assessing phonics, phonemic awareness, and word recognition,	63256
including, but not limited to, the following topics:	63257

(a) Phonological and morphological underpinnings of English	63258
spellings and the history thereof;	63259

(b) The nature and role of word recognition in proficient	63260
reading;	63261

(c) Methods and rationale for the instruction of phonemic	63262
awareness, decoding, spelling, and the application thereof in	63263
reading and writing;	63264

(d) Methods and rationale for the assessment of phonemic	63265
awareness, decoding, spelling, and the application thereof in	63266
reading and writing;	63267

(e) The relation of deficits in phonemic awareness, decoding,	63268
spelling, and word recognition to reading disabilities;	63269

(4) "Phonemic awareness" means the awareness of sounds that	63270
make up spoken words and the ability to use this awareness of	63271
sounds in reading.	63272

(B) The rules adopted under ~~division (A) of~~ section 3319.22	63273
of the Revised Code shall require an applicant for ~~an initial~~	63274
~~provisional~~a resident educator license designated for teaching	63275
children in grades kindergarten through six or the equivalent to	63276
have successfully completed at least six semester hours, or the	63277
equivalent, of coursework in the teaching of reading that includes	63278
at least one separate course of at least three semester hours, or	63279
the equivalent, in the teaching of phonics in the context of	63280
reading, writing, and spelling. In addition, such rules ~~shall~~	63281
~~require that such license be granted for a period of not more than~~	63282
~~two years, and~~ shall require that the ~~first renewal~~subsequent	63283
issuance of ~~such~~a professional educator license be contingent	63284
upon the ~~license holder~~applicant having completed six additional	63285
semester hours or the equivalent of coursework in the teaching of	63286
reading. The rules shall permit ~~a license holder~~ an applicant	63287
to apply undergraduate coursework in order to meet ~~such renewal~~	63288
this requirement for additional coursework.	63289

Sec. 3319.25. Any teacher performance assessment entity with	63290
which the department of education or the state board of education	63291
contracts or any independent agent with whom such entity, the	63292
department, or the state board contracts to provide services as a	63293
teacher performance assessor, trainer of assessors, or assessment	63294
coordinator is not liable for damages in a civil action concerning	63295
the actions of such entity or agent made in the conduct of a	63296
teacher performance assessment unless those actions were conducted	63297
with malicious purpose, in bad faith, or in a wanton or reckless	63298
manner.	63299

As used in this section, "teacher performance assessment"	63300
means an assessment prescribed by the state board of education to	63301
measure the classroom performance of a teacher who is a candidate	63302
for ~~a professional educator license~~licensure based on	63303
observations conducted by a trained assessor while the teacher is	63304
engaged in actual classroom instruction.	63305

Sec. 3319.26. (A) The state board of education shall adopt	63306
rules establishing the standards and requirements for obtaining an	63307
alternative resident educator license for teaching in grades ~~seven~~	63308
four to twelve, or the equivalent, in a designated subject area.	63309
However, an alternative resident educator license in the area of	63310
intervention specialist, as defined by rule of the state board,	63311
shall be valid for teaching in grades kindergarten to twelve.	63312

(B)~~(1)~~The superintendent of public instruction and the	63313
chancellor of the Ohio board of regents jointly shall develop an	63314
intensive pedagogical training institute to provide instruction in	63315
the principles and practices of teaching for individuals seeking	63316
an alternative resident educator license. The instruction shall	63317
cover such topics as student development and learning, pupil	63318
assessment procedures, curriculum development, classroom	63319
management, and teaching methodology.	63320

(C) The rules adopted under this section shall require	63321
applicants for the alternative resident educator license to	63322
satisfy the following conditions prior to issuance of the	63323
license:	63324

~~(a)~~(1) Hold a minimum of a baccalaureate degree;

63325

~~(b)~~(2) Successfully complete ~~three semester hours or the~~	63326
~~equivalent of college coursework in the developmental~~	63327
~~characteristics of adolescent youths and three semester hours or~~	63328
~~the equivalent in teaching methods~~the pedagogical training	63329
institute described in division (B) of this section;	63330

~~(c)~~(3) Pass an examination in the subject area for which	63331
application is being made.	63332

~~(2)~~(D) An alternative resident educator license shall be	63333
valid for ~~two~~four years ~~and shall not be renewable~~, except that	63334
the state board, on a case-by-case basis, may extend the	63335
license's duration as necessary to enable the license holder to	63336
complete the Ohio teacher residency program established under	63337
section 3319.223 of the Revised Code.	63338

~~(3)~~(E) The rules shall require the holder of an alternative	63339
resident educator license, as a condition of continuing to hold	63340
the license, to ~~show~~do all of the following:	63341

(1) Participate in the Ohio teacher residency program;

63342

(2) Show satisfactory progress in taking and successfully	63343
completing ~~within two years~~ at least twelve additional semester	63344
hours, or the equivalent, of college coursework in the principles	63345
and practices of teaching in such topics as student development	63346
and learning, pupil assessment procedures, curriculum	63347
development, classroom management, and teaching methodology;	63348

(3) Take an assessment of professional knowledge in the	63349
second year of teaching under the license.	63350

~~(C)~~(F) The rules shall provide for the granting of a	63351
~~provisional~~professional educator license to a holder of an	63352
alternative resident educator license upon successfully completing	63353
all of the following:	63354

(1) ~~Two~~Four years of teaching under the alternative	63355
license;	63356

(2) The twelve semester hours, or the equivalent, of the	63357
additional college coursework described in division ~~(B)(3)~~(E)(2)	63358
of this section;	63359

(3) The assessment of professional knowledge ~~that is~~	63360
~~required of other applicants for a provisional educator license~~	63361
described in division (E)(3) of this section. The standards for	63362
successfully completing this assessment and the manner of	63363
conducting the assessment shall be the same as for any other	63364
~~applicant for a provisional educator license~~individual who is	63365
required to take the assessment pursuant to rules adopted by the	63366
state board under section 3319.22 of the Revised Code.	63367

(4) The Ohio teacher residency program;

63368

(5) All other requirements for a professional educator	63369
license adopted by the state board under section 3319.22 of the	63370
Revised Code.	63371

Sec. 3319.28. (A) As used in this section, "STEM school"	63372
means a science, technology, engineering, and mathematics school	63373
established under Chapter 3326. of the Revised Code.	63374

(B) Notwithstanding any other provision of the Revised Code	63375
or any rule adopted by the state board of education to the	63376
contrary, the state board shall issue a two-year provisional	63377
educator license for teaching science, technology, engineering,	63378
or mathematics in grades six through twelve in a STEM school to	63379
any applicant who meets the following conditions:	63380

(1) Holds a bachelor's degree from an accredited institution	63381
of higher education in a field related to the subject area to be	63382
taught;	63383

(2) Has passed an examination prescribed by the state board	63384
in the subject area to be taught.	63385

(C) The holder of a provisional educator license issued under	63386
this section shall complete a structured apprenticeship program	63387
provided by an educational service center or a teacher preparation	63388
program approved under section ~~3319.23~~3333.048 of the Revised	63389
Code, in partnership with the STEM school that employs the	63390
license holder. The apprenticeship program shall include the	63391
following:	63392

(1) Mentoring by a teacher or administrator who regularly	63393
observes the license holder's classroom instruction, provides	63394
feedback on the license holder's teaching strategies and classroom	63395
management, and engages the license holder in discussions about	63396
methods for fostering and measuring student learning;	63397

(2) Regularly scheduled seminars or meetings that address the	63398
following topics:	63399

(a) The statewide academic standards adopted by the state	63400
board under section 3301.079 of the Revised Code and the	63401
importance of aligning curriculum with those standards;	63402

(b) The achievement ~~tests~~assessments prescribed by section	63403
3301.0710 of the Revised Code;	63404

(c) The school district and building accountability system	63405
established under Chapter 3302. of the Revised Code;	63406

(d) Instructional methods and strategies;

63407

(e) Student development;

63408

(f) Assessing student progress and providing remediation and	63409
intervention, as necessary, to meet students' special needs;	63410

(g) Classroom management and record keeping.

63411

(D) After two years of teaching under a provisional educator	63412
license issued under this section, a person may apply for a	63413
five-year professional educator license in the same subject area	63414
named in the provisional license. The state board shall issue the	63415
applicant a professional educator license if the applicant meets	63416
the following conditions:	63417

(1) The applicant completed the apprenticeship program	63418
described in division (C) of this section.	63419

(2) The applicant receives a positive recommendation	63420
indicating that the applicant is an effective teacher from both of	63421
the following:	63422

(a) The chief administrative officer of the STEM school that	63423
most recently employed the applicant as a classroom teacher;	63424

(b) The educational service center or teacher preparation	63425
program administrator in charge of the apprenticeship program	63426
completed by the applicant.	63427

(3) The applicant meets all other requirements for a	63428
professional educator license adopted by the state board under	63429
section 3319.22 of the Revised Code.	63430

(E) The department of education shall evaluate the	63431
experiences of STEM schools with classroom teachers holding	63432
provisional educator licenses issued under this section. The	63433
evaluation shall cover the first two school years for which	63434
licenses are issued and shall consider at least the schools'	63435
satisfaction with the teachers and the operation of the	63436
apprenticeship programs.	63437

Sec. 3319.291. (A) The state board of education shall	63438
require each of the following persons, at the times prescribed by	63439
division (A) of this section, to ~~submit two complete sets of~~	63440
~~fingerprints and written permission that authorizes the~~	63441
~~superintendent of public instruction to forward the fingerprints~~	63442
~~to the bureau of criminal identification and investigation~~	63443
~~pursuant to division (F) of section 109.57 of the Revised Code and~~	63444
~~that authorizes that bureau to forward the fingerprints to the~~	63445
~~federal bureau of investigation for purposes of obtaining any~~	63446
~~criminal records that the federal bureau maintains on~~undergo a	63447
criminal records check, unless the person has undergone a records	63448
check under this section or a former version of this section less	63449
than five years prior to that time.	63450

(1) Any person initially applying for any certificate,	63451
license, or permit described in this chapter or in division (B) of	63452
section 3301.071 or in section 3301.074 of the Revised Code at	63453
the time that application is made;	63454

(2) Any person applying for renewal of any certificate,	63455
license, or permit described in division (A)(1) of this section at	63456
the time that application is made;	63457

(3) Any person who is teaching under a professional teaching	63458
certificate issued under former ~~section 3319.22 or under~~ section	63459
3319.222 of the Revised Code upon a date prescribed by the state	63460
board;	63461

(4) Any person who is teaching under a permanent teaching	63462
certificate issued under former section 3319.22 as it existed	63463
prior to October 29, 1996, or under former section 3319.222 of	63464
the Revised Code upon a date prescribed by the state board and	63465
every five years thereafter.	63466

(B)(1) Except as otherwise provided in division (B)(2) of	63467
this section, the state board shall require each person subject to	63468
a criminal records check under this section to submit two complete	63469
sets of fingerprints and written permission that authorizes the	63470
superintendent of public instruction to forward the fingerprints	63471
to the bureau of criminal identification and investigation	63472
pursuant to division (F) of section 109.57 of the Revised Code and	63473
that authorizes that bureau to forward the fingerprints to the	63474
federal bureau of investigation for purposes of obtaining any	63475
criminal records that the federal bureau maintains on the person.	63476

(2) If both of the following conditions apply to a person	63477
subject to a criminal records check under this section, the state	63478
board shall require the person to submit one complete set of	63479
fingerprints and written permission that authorizes the	63480
superintendent of public instruction to forward the fingerprints	63481
to the bureau of criminal identification and investigation so that	63482
bureau may forward the fingerprints to the federal bureau of	63483
investigation for purposes of obtaining any criminal records that	63484
the federal bureau maintains on the person:	63485

(a) Under this section or any former version of this section,	63486
the state board or the superintendent of public instruction	63487
previously requested the superintendent of the bureau of criminal	63488
identification and investigation to determine whether the bureau	63489
has any information, gathered pursuant to division (A) of section	63490
109.57 of the Revised Code, on the person.	63491

(b) The person presents proof that the person has been a	63492
resident of this state for the five-year period immediately prior	63493
to the date upon which the person becomes subject to a criminal	63494
records check under this section.	63495

(C) Except as provided in division ~~(C)~~(D) of this section,	63496
prior to issuing or renewing any certificate, license, or permit	63497
for a person described in division (A)(1) or (2) of this section	63498
who is subject to a criminal records check and in the case of a	63499
person ~~required to submit fingerprints and written permission~~	63500
~~under~~described in division (A)(3) or (4) of this section who is	63501
subject to a criminal records check, the state board or the	63502
superintendent of public instruction shall do one of the	63503
following:	63504

(1) If the person is required to submit fingerprints and	63505
written permission under division (B)(1) of this section, request	63506
the superintendent of the bureau of criminal identification and	63507
investigation to ~~investigate and~~ determine whether the bureau has	63508
any information, gathered pursuant to division (A) of section	63509
109.57 of the Revised Code, pertaining to ~~any~~the person	63510
~~submitting fingerprints and written permission under this section~~	63511
and to obtain any criminal records that the federal bureau of	63512
investigation has on the person.	63513

~~(C)~~(2) If the person is required to submit fingerprints and	63514
written permission under division (B)(2) of this section, request	63515
the superintendent of the bureau of criminal identification and	63516
investigation to obtain any criminal records that the federal	63517
bureau of investigation has on the person.	63518

(D) The state board or the superintendent of public	63519
instruction may choose not to request any information about a	63520
person required by division ~~(B)~~(C) of this section if the person	63521
~~applying for the issuance or renewal of a certificate, license,~~	63522
~~or permit described in division (A)(1) or (2) of this section or~~	63523
~~the person required to submit fingerprints and written permission~~	63524
~~under division (A)(3) or (4) of this section~~ provides proof that	63525
a criminal records check that satisfies the requirements of that	63526
division was conducted on the person as a condition of employment	63527
pursuant to section 3319.39 of the Revised Code within the	63528
immediately preceding year. The state board or the superintendent	63529
of public instruction may accept a certified copy of records that	63530
were issued by the bureau of criminal identification and	63531
investigation and that are presented by athe person ~~applying for~~	63532
~~the issuance or renewal of a certificate, license, or permit~~	63533
~~described in this section~~ in lieu of requesting that information	63534
under division ~~(B)~~(C) of this section if the records were issued	63535
by the bureau within the immediately preceding year.	63536

~~(D)~~(E)(1) If a person described in division (A)(3) or (4) of	63537
this section who is subject to a criminal records check fails to	63538
submit fingerprints and written permission by the date specified	63539
in the applicable division, and the state board or the	63540
superintendent of public instruction does not apply division	63541
~~(C)~~(D) of this section to the person, the superintendent shall	63542
prepare a written notice stating that if the person does not	63543
submit the fingerprints and written permission within fifteen days	63544
after the date the notice was mailed, the person's professional or	63545
permanent teaching certificate will be inactivated. The	63546
superintendent shall send the notification by regular mail to the	63547
person's last known residence address or last known place of	63548
employment, as indicated in the department of education's records,	63549
or both.	63550

If the person fails to submit the fingerprints and written	63551
permission within fifteen days after the date the notice was	63552
mailed, the superintendent of public instruction, on behalf of the	63553
state board, shall issue a written order inactivating the person's	63554
professional or permanent teaching certificate. The inactivation	63555
shall remain in effect until the person submits the fingerprints	63556
and written permission. The superintendent shall send the order by	63557
regular mail to the person's last known residence address or last	63558
known place of employment, as indicated in the department's	63559
records, or both. The order shall state the reason for the	63560
inactivation and shall explain that the inactivation remains in	63561
effect until the person complies with division ~~(A)~~(B) of this	63562
section.	63563

The inactivation of a professional or permanent teaching	63564
certificate under division ~~(D)~~(E)(1) of this section does not	63565
constitute a suspension or revocation of the certificate by the	63566
state board under section 3319.31 of the Revised Code and the	63567
state board and the superintendent of public instruction need not	63568
provide the person with an opportunity for a hearing with respect	63569
to the inactivation.	63570

(2) If a person whose professional or permanent teaching	63571
certificate has been inactivated under division ~~(D)~~(E)(1) of this	63572
section submits fingerprints and written permission as required by	63573
division ~~(A)~~(B) of this section, the superintendent of public	63574
instruction, on behalf of the state board, shall issue a written	63575
order reactivating the certificate. The superintendent shall send	63576
the order to the person by regular mail.	63577

~~(E)~~(F) Notwithstanding divisions (A) ~~and (B)~~to (C) of this	63578
section, if a person holds more than one certificate, license, or	63579
permit described in division (A)(1) of this section, the	63580
following shall apply:	63581

(1) If the certificates, licenses, or permits are of	63582
different durations, the person shall be subject to divisions	63583
(A)~~(2) and (B)~~to (C) of this section only when applying for	63584
renewal of the certificate, license, or permit that is of the	63585
longest duration. Prior to renewing any certificate, license, or	63586
permit with a shorter duration, the state board or the	63587
superintendent of public instruction shall determine whether the	63588
department of education has received any information about the	63589
person pursuant to section 109.5721 of the Revised Code, but the	63590
person shall not be subject to ~~division~~divisions (A)~~(2) or (B)~~	63591
to (C) of this section as long as the person's certificate,	63592
license, or permit with the longest duration is valid.	63593

(2) If the certificates, licenses, or permits are of the same	63594
duration but do not expire in the same year, the person shall	63595
designate one of the certificates, licenses, or permits as the	63596
person's primary certificate, license, or permit and shall notify	63597
the department of that designation. The person shall be subject to	63598
divisions (A)~~(2) and (B)~~to (C) of this section only when applying	63599
for renewal of the person's primary certificate, license, or	63600
permit. Prior to renewing any certificate, license, or permit	63601
that is not the person's primary certificate, license, or permit,	63602
the state board or the superintendent of public instruction shall	63603
determine whether the department has received any information	63604
about the person pursuant to section 109.5721 of the Revised	63605
Code, but the person shall not be subject to ~~division~~divisions	63606
(A)~~(2) or (B)~~to (C) of this section as long as the person's	63607
primary certificate, license, or permit is valid.	63608

(3) If the certificates, licenses, or permits are of the same	63609
duration and expire in the same year and the person applies for	63610
renewal of the certificates, licenses, or permits at the same	63611
time, the state board or the superintendent of public instruction	63612
shall request only one criminal records check of the person under	63613
division ~~(B)~~(C) of this section.	63614

Sec. 3319.303. (A) The state board of education shall adopt	63615
rules establishing standards and requirements for obtaining a	63616
pupil-activity program permit for any individual who does not hold	63617
a valid educator license, certificate, or permit issued by the	63618
state board under section 3319.22, 3319.26, or 3319.27~~, 3319.302,~~	63619
~~or 3319.304~~ of the Revised Code. The permit issued under this	63620
section shall be valid for coaching, supervising, or directing a	63621
pupil-activity program under section 3313.53 of the Revised Code.	63622
Subject to the provisions of section 3319.31 of the Revised Code,	63623
a permit issued under this section shall be valid for three years	63624
and shall be renewable.	63625

(B) The state board shall adopt rules applicable to	63626
individuals who hold valid educator licenses, certificates, or	63627
permits issued by the state board under section 3319.22, 3319.26,	63628
or 3319.27~~, 3319.302, or 3319.304~~ of the Revised Code setting	63629
forth standards to assure any such individual's competence to	63630
direct, supervise, or coach a pupil-activity program. The rules	63631
adopted under this division shall not be more stringent than the	63632
standards set forth in rules applicable to individuals who do not	63633
hold such licenses, certificates, or permits adopted under	63634
division (A) of this section.	63635

Sec. 3319.36. (A) No treasurer of a board of education or	63636
educational service center shall draw a check for the payment of a	63637
teacher for services until the teacher files with the treasurer	63638
both of the following:	63639

(1) Such reports as are required by the state board of	63640
education, the school district board of education, or the	63641
superintendent of schools;	63642

(2) Except for a teacher who is engaged pursuant to section	63643
3319.301 of the Revised Code, a written statement from the city,	63644
exempted village, or local school district superintendent or the	63645
educational service center superintendent that the teacher has	63646
filed with the treasurer a legal educator license, or true copy of	63647
it, to teach the subjects or grades taught, with the dates of its	63648
validity. The state board of education shall prescribe the record	63649
and administration for such filing of educator licenses in	63650
educational service centers.	63651

(B) Notwithstanding division (A) of this section, the	63652
treasurer may pay either of the following:	63653

(1) Any teacher for services rendered during the first two	63654
months of the teacher's initial employment with the school	63655
district or educational service center, provided such teacher is	63656
the holder of a bachelor's degree or higher and has filed with the	63657
state board of education an application for the issuance of a	63658
~~provisional or professional~~an educator license described in	63659
division (A)(1) of section 3319.22 of the Revised Code.	63660

(2) Any substitute teacher for services rendered while	63661
conditionally employed under section 3319.101 of the Revised Code.	63662

(C) Upon notice to the treasurer given by the state board of	63663
education or any superintendent having jurisdiction that reports	63664
required of a teacher have not been made, the treasurer shall	63665
withhold the salary of the teacher until the required reports are	63666
completed and furnished.	63667

Sec. 3319.391. This section applies to any person hired	63668
by a school district, educational service center, or chartered	63669
nonpublic school in any position that does not require a	63670
"license" issued by the state board of education, as defined in	63671
section 3319.31 of the Revised Code, and is not for the	63672
operation of a vehicle for pupil transportation.	63673

(A) For each person to whom this section applies who is	63674
hired on or after November 14, 2007, the employer shall	63675
request a criminal records check in accordance with section	63676
3319.39 of the Revised Code and shall request a subsequent	63677
criminal records check by the fifth day of September every	63678
fifth year thereafter. For each person to whom this division	63679
applies who is hired prior to November 14, 2007, the employer	63680
shall request a criminal records check by a date prescribed by	63681
the department of education and shall request a subsequent	63682
criminal records check by the fifth day of September every fifth	63683
year thereafter.	63684

(B)(1) Each request for a criminal records check under this	63685
section shall be made to the superintendent of the bureau of	63686
criminal identification and investigation in the manner prescribed	63687
in section 3319.39 of the Revised Code, except that if both of the	63688
following conditions apply to the person subject to the records	63689
check, the employer shall request the superintendent only to	63690
obtain any criminal records that the federal bureau of	63691
investigation has on the person:	63692

(a) The employer previously requested the superintendent to	63693
determine whether the bureau of criminal identification and	63694
investigation has any information, gathered pursuant to division	63695
(A) of section 109.57 of the Revised Code, on the person in	63696
conjunction with a criminal records check requested under section	63697
3319.39 of the Revised Code or under this section.	63698

(b) The person presents proof that the person has been a	63699
resident of this state for the five-year period immediately prior	63700
to the date upon which the person becomes subject to a criminal	63701
records check under this section. ~~Upon~~	63702

(2) Upon receipt of a request under division (B)(1) of this	63703
section, the ~~bureau~~superintendent shall conduct the criminal	63704
records check in accordance with section 109.572 of the Revised	63705
Code as if the request had been made under section 3319.39 of the	63706
Revised Code. However, as specified in division (B)(2) of section	63707
109.572 of the Revised Code, if the employer requests the	63708
superintendent only to obtain any criminal records that the	63709
federal bureau of investigation has on the person for whom the	63710
request is made, the superintendent shall not conduct the review	63711
prescribed by division (B)(1) of that section.	63712

(C) Any person who is the subject of a criminal records check	63713
under this section and has been convicted of or pleaded guilty to	63714
any offense described in division (B)(1) of section 3319.39 of the	63715
Revised Code shall not be hired or shall be released from	63716
employment, as applicable, unless the person meets the	63717
rehabilitation standards adopted by the department under division	63718
(E) of that section.	63719

Sec. 3319.41. (A)~~(1) Beginning September 1, 1994, and except~~	63720
~~as provided in division (C) of this section, no~~No person employed	63721
or engaged as a teacher, principal, administrator, nonlicensed	63722
school employee, or bus driver in a public school may inflict or	63723
cause to be inflicted corporal punishment as a means of	63724
discipline upon a pupil attending such school~~, unless the board~~	63725
~~of education of the school district in which the school is~~	63726
~~located adopts a resolution no later than September 1, 1994, to~~	63727
~~permit corporal punishment as a means of discipline and does not~~	63728
~~adopt a resolution prohibiting corporal punishment pursuant to~~	63729
~~division (B) of this section. No board shall adopt a resolution~~	63730
~~permitting corporal punishment before receiving and studying the~~	63731
~~report of the local discipline task force appointed under~~	63732
~~division (A)(2) of this section.~~	63733

~~(2) The board of education of each city, local, exempted~~	63734
~~village, and joint vocational school district that has not adopted~~	63735
~~a rule prohibiting corporal punishment under section 3313.20 of~~	63736
~~the Revised Code prior to the effective date of this amendment~~	63737
~~shall appoint, and any board that has adopted a rule under that~~	63738
~~section prior to the effective date of this amendment may appoint,~~	63739
~~no later than April 1, 1994, a local discipline task force to~~	63740
~~conduct a study of effective discipline measures that are~~	63741
~~appropriate for that school district. Members of the task force~~	63742
~~shall include teachers, administrators, nonlicensed school~~	63743
~~employees, school psychologists, members of the medical~~	63744
~~profession, pediatricians when available, and representatives of~~	63745
~~parents' organizations.~~	63746

~~The task force shall hold meetings regularly. All meetings of~~	63747
~~the task force shall be open to the public and at least one of the~~	63748
~~meetings shall be for the purpose of inviting public~~	63749
~~participation. The board of education shall provide public notice~~	63750
~~of any public meeting of the task force in newspapers or other~~	63751
~~periodicals of general circulation in the school district. The~~	63752
~~task force shall report its findings and recommendations in~~	63753
~~writing to the board of education no later than July 15, 1994. The~~	63754
~~task force's written report must be available for inspection by~~	63755
~~the public at the board's offices for at least five years after~~	63756
~~being submitted to the board~~.	63757

(B)~~(1) At any time after September 1, 1996, the board of~~	63758
~~education of any city, local, exempted village, or joint~~	63759
~~vocational school district in which corporal punishment is~~	63760
~~permitted may adopt a resolution to prohibit corporal punishment.~~	63761
~~After the adoption of a resolution prohibiting corporal punishment~~	63762
~~pursuant to division (B)(1) of this section, the board of~~	63763
~~education of any city, local, exempted village, or joint~~	63764
~~vocational school district may adopt a resolution permitting~~	63765
~~corporal punishment after complying with division (B)(3) of this~~	63766
~~section.~~	63767

~~(2) At any time after September 1, 1998, the board of~~	63768
~~education of any city, local, exempted village, or joint~~	63769
~~vocational school district that did not adopt a resolution~~	63770
~~permitting corporal punishment as a means of discipline pursuant~~	63771
~~to division (A)(1) of this section may adopt a resolution~~	63772
~~permitting corporal punishment after complying with division~~	63773
~~(B)(3) of this section.~~	63774

~~(3)(a) The board of education of each city, local, exempted~~	63775
~~village, and joint vocational school district that intends to~~	63776
~~adopt a resolution permitting corporal punishment as a means of~~	63777
~~discipline pursuant to division (B)(1) or (2) of this section may~~	63778
~~adopt that resolution permitting corporal punishment as a means of~~	63779
~~discipline only after receiving and studying the report of the~~	63780
~~secondary local discipline task force appointed under division~~	63781
~~(B)(3)(b) of this section.~~	63782

~~(b) Any board of education described in division (B)(1) or~~	63783
~~(2) of this section that intends to adopt a resolution permitting~~	63784
~~corporal punishment as a means of discipline shall appoint a~~	63785
~~secondary local discipline task force to conduct a study of~~	63786
~~effective discipline measures that are appropriate for that school~~	63787
~~district. Membership on the secondary local discipline task force~~	63788
~~shall consist of the same types of persons that are required to be~~	63789
~~included as members of the local discipline task force pursuant to~~	63790
~~division (A)(2) of this section. The secondary local discipline~~	63791
~~task force shall follow the same procedures with respect to~~	63792
~~holding meetings, the provision of public notice, and the~~	63793
~~production and inspection of a written report of findings and~~	63794
~~recommendations that are applicable to the local discipline task~~	63795
~~force pursuant to division (A)(2) of this section, except that the~~	63796
~~secondary local discipline task force is not required to present~~	63797
~~its written report to the board of education on a date that is no~~	63798
~~later than July 15, 1994.~~	63799

~~(C) The prohibition of corporal punishment by division (A) of~~	63800
~~this section or by a resolution adopted under division (B) of this~~	63801
~~section does not prohibit the use of reasonable force or restraint~~	63802
~~in accordance with division (G) of this section.~~	63803

~~(D) If the board of education of any city, local, exempted~~	63804
~~village, or joint vocational school district does not prohibit~~	63805
~~corporal punishment on the effective date of this amendment but at~~	63806
~~any time after that date corporal punishment will be prohibited in~~	63807
~~the district pursuant to division (A)(1) or (B) of this section,~~	63808
~~the board shall do both of the following prior to the date on~~	63809
~~which the prohibition takes effect:~~	63810

~~(1) Adopt a disciplinary policy for the district that~~	63811
~~includes alternative disciplinary measures;~~	63812

~~(2) Consider what in-service training, if any, school~~	63813
~~district employees might need as part of implementing the policy~~	63814
~~adopted under division (D)(1) of this section.~~	63815

~~(E)~~ A person employed or otherwise engaged as a teacher,	63816
principal, or administrator ~~by a board of education permitting~~	63817
~~corporal punishment pursuant to division (A)(1) of this section or~~	63818
by a nonpublic school, except as otherwise provided by the	63819
governing authority of the nonpublic school, may inflict or cause	63820
to be inflicted reasonable corporal punishment upon a pupil	63821
attending the school to which the person is assigned whenever such	63822
punishment is reasonably necessary in order to preserve discipline	63823
while the student is subject to school authority.	63824

~~(F) A board of education of a school district that permits~~	63825
~~the use of corporal punishment as a means of discipline pursuant~~	63826
~~to a resolution adopted by the board pursuant to division (A)(1)~~	63827
~~of this section shall permit as part of its discipline policy the~~	63828
~~parents, guardian, or custodian of a child that is attending any~~	63829
~~school within the school district to request that corporal~~	63830
~~punishment not be used as a means of discipline on that child;~~	63831
~~upon the receipt of a request of that nature, shall ensure that an~~	63832
~~alternative disciplinary measure is applied with respect to that~~	63833
~~child; and shall include a procedure for the exercise of that~~	63834
~~option in the resolution adopted pursuant to division (A)(1) of~~	63835
~~this section.~~	63836

~~(G)~~(C) Persons employed or engaged as teachers, principals,	63837
or administrators in a school, whether public or private, and	63838
nonlicensed school employees and school bus drivers may, within	63839
the scope of their employment, use and apply such amount of force	63840
and restraint as is reasonable and necessary to quell a	63841
disturbance threatening physical injury to others, to obtain	63842
possession of weapons or other dangerous objects upon the person	63843
or within the control of the pupil, for the purpose of	63844
self-defense, or for the protection of persons or property.	63845

Sec. 3319.51. (A) The state board of education shall	63846
annually establish the amount of the fees required to be paid for	63847
any license, certificate, or permit issued under this chapter or	63848
division (B) of section 3301.071~~, under sections~~or section	63849
3301.074~~, 3319.088, 3319.29, 3319.302, and 3319.304, and under~~	63850
~~division (A) of section 3319.303~~ of the Revised Code. The amount	63851
of these fees shall be such that they, along with any	63852
appropriation made to the fund established under division (B) of	63853
this section, will be sufficient to cover the annual estimated	63854
cost of administering the ~~sections of law listed~~requirements	63855
described under division (B) of this section.	63856

(B) There is hereby established in the state treasury the	63857
state board of education licensure fund, which shall be used by	63858
the state board of education solely to pay the cost of	63859
administering requirements related to the issuance and renewal of	63860
licenses, certificates, and permits described in this chapter and	63861
sections 3301.071,and 3301.074~~, 3319.088, 3319.22, 3319.29,~~	63862
~~3319.291, 3319.301, 3319.302, 3319.303, 3319.304, and 3319.31~~ of	63863
the Revised Code. The fund shall consist of the amounts paid into	63864
the fund pursuant to division (B) of section 3301.071,and	63865
sections 3301.074~~, 3319.088,~~and 3319.29~~, 3319.302, and 3319.304,~~	63866
~~and division (A) of section 3319.303~~ of the Revised Code and any	63867
appropriations to the fund by the general assembly.	63868

Sec. 3319.56. The department of education shall identify	63869
promising practices in Ohio and throughout the country for	63870
engaging teachers certified by the national board for professional	63871
teaching standards, and ~~other master~~lead teachers~~, as defined~~who	63872
meet the criteria adopted by the educator standards board pursuant	63873
to section 3319.61 of the Revised Code, in ways that add value	63874
beyond their own classrooms. Practices identified by the	63875
department as promising may include placing national board	63876
certified and ~~master~~lead teachers in key roles in peer review	63877
programs; having such teachers serve as coaches, mentors, and	63878
trainers for other teachers; or having such teachers develop	63879
curricula or instructional integration strategies.	63880

Once the department has identified promising practices, the	63881
department shall inform all school districts of the practices by	63882
posting such information on the department's world wide web site.	63883

Sec. 3319.57. (A) A grant program is hereby established	63884
under which the department of education shall award grants to	63885
assist certain schools in a city, exempted village, local, or	63886
joint vocational school district in implementing one of the	63887
following innovations:	63888

(1) The use of instructional specialists to mentor and	63889
support classroom teachers;	63890

(2) The use of building managers to supervise the	63891
administrative functions of school operation so that a school	63892
principal can focus on supporting instruction, providing	63893
instructional leadership, and engaging teachers as part of the	63894
instructional leadership team;	63895

(3) The reconfiguration of school leadership structure in a	63896
manner that allows teachers to serve in leadership roles so that	63897
teachers may share the responsibility for making and implementing	63898
school decisions;	63899

(4) The adoption of new models for restructuring the school	63900
day or school year, such as including teacher planning and	63901
collaboration time as part of the school day;	63902

(5) The creation of smaller schools or smaller units within	63903
larger schools for the purpose of facilitating teacher	63904
collaboration to improve and advance the professional practice of	63905
teaching;	63906

(6) The implementation of "grow your own" recruitment	63907
strategies that are designed to assist individuals who show a	63908
commitment to education become licensed teachers, to assist	63909
experienced teachers obtain licensure in subject areas for which	63910
there is need, and to assist teachers in becoming principals;	63911

(7) The provision of better conditions for new teachers, such	63912
as reduced teaching load and reduced class size;	63913

(8) The provision of incentives to attract qualified	63914
mathematics, science, or special education teachers;	63915

(9) The development and implementation of a partnership with	63916
teacher preparation programs at colleges and universities to help	63917
attract teachers qualified to teach in shortage areas;	63918

(10) The implementation of a program to increase the cultural	63919
competency of both new and veteran teachers;	63920

(11) The implementation of a program to increase the subject	63921
matter competency of veteran teachers.	63922

(B) To qualify for a grant to implement one of the	63923
innovations described in division (A) of this section, a school	63924
must meet both of the following criteria:	63925

(1) Be hard to staff, as defined by the department.

63926

(2) Use existing school district funds for the implementation	63927
of the innovation in an amount equal to the grant amount	63928
multiplied by (1 - the district's state share percentage for the	63929
fiscal year in which the grant is awarded).	63930

For purposes of division (B)(2) of this section, "state share	63931
percentage" ~~shall be as calculated under section 3317.022 of the~~	63932
~~Revised Code, in the case of a city, local, or exempted village~~	63933
~~school district, or as calculated under section 3317.16~~has the	63934
same meaning as in section 3306.02 of the Revised Code~~, in the~~	63935
~~case of a joint vocational school district~~.	63936

(C) The amount and number of grants awarded under this	63937
section shall be determined by the department based on any	63938
appropriations made by the general assembly for grants under this	63939
section.	63940

(D) The state board of education shall adopt rules for the	63941
administration of this grant program.	63942

Sec. 3319.60. There is hereby established the educator	63943
standards board. The board shall develop and recommend to the	63944
state board of education standards for entering and continuing in	63945
the ~~teaching and principalship~~educator professions and standards	63946
for educator professional development. The board membership shall	63947
reflect the diversity of the state in terms of gender, race,	63948
ethnic background, and geographic distribution.	63949

(A) The board shall consist of the following members:

63950

(1) The following eighteen members appointed by the state	63951
board of education ~~within sixty days of the effective date of this~~	63952
~~section~~:	63953

~~(1) Eight~~(a) Ten persons employed as teachers in a school	63954
district. ~~Two~~Three persons appointed under this division shall be	63955
employed as teachers in a secondary school, two persons shall be	63956
employed as teachers in a middle school, ~~two~~three persons shall	63957
be employed as teachers in an elementary school, one person shall	63958
be employed as a teacher in a pre-kindergarten classroom, and one	63959
person shall be a teacher who serves on a local professional	63960
development committee pursuant to section 3319.22 of the Revised	63961
Code. At least one person appointed under this division shall hold	63962
a teaching certificate or license issued by the national board for	63963
professional teaching standards. The Ohio education association	63964
shall submit a list of ~~twelve~~fourteen nominees for these	63965
appointments and the state board shall appoint ~~six~~seven members	63966
to the educator standards board from that list. The Ohio	63967
federation of teachers shall submit a list of ~~four~~six nominees	63968
for these appointments and the state board shall appoint ~~two~~	63969
three members to the educator standards board from that list. If	63970
there is an insufficient number of nominees from both lists to	63971
satisfy the membership requirements of this division, the state	63972
board shall request additional nominees who satisfy those	63973
requirements.	63974

~~(2)~~(b) One person employed as a teacher in a chartered,	63975
nonpublic school. Stakeholder groups selected by the state board	63976
shall submit a list of two nominees for this appointment.	63977

~~(3) Four~~(c) Five persons employed as school administrators	63978
in a school district. Of ~~the four~~those five persons ~~appointed~~	63979
~~under this division~~, one person shall be employed as a secondary	63980
school principal, one person shall be employed as a middle school	63981
principal, one person shall be employed as an elementary school	63982
principal, one person shall be employed as a school district	63983
treasurer or business manager, and one person shall be employed as	63984
a school district superintendent. The buckeye association of	63985
school administrators shall submit a list of two nominees for the	63986
school district superintendent, the Ohio association of school	63987
business officials shall submit a list of two nominees for the	63988
school district treasurer or business manager, the Ohio	63989
association of elementary school administrators shall submit a	63990
list of two nominees for the elementary school principal, and the	63991
Ohio association of secondary school administrators shall submit a	63992
list of two nominees for the middle school principal and a list of	63993
two nominees for the secondary school principal.	63994

~~(4)~~(d) One person who is a member of a school district board	63995
of education. The Ohio school boards association shall submit a	63996
list of two nominees for this appointment.	63997

~~(5) Three persons employed by institutions of higher~~	63998
~~education that offer teacher preparation programs approved under~~	63999
~~section 3319.23 of the Revised Code. One person appointed under~~	64000
~~this division shall be employed by an institution of higher~~	64001
~~education that has a certificate of authorization under Chapter~~	64002
~~1713. of the Revised Code; one person shall be employed by a state~~	64003
~~university, as defined in section 3345.011 of the Revised Code, or~~	64004
~~a university branch; and one person shall be employed by a state~~	64005
~~community college, community college, or technical college. Of the~~	64006
~~two persons appointed under this division from an institution of~~	64007
~~higher education that has a certificate of authorization under~~	64008
~~Chapter 1713. of the Revised Code and from a state university or~~	64009
~~university branch, one shall be employed in a college of education~~	64010
~~and one shall be employed in a college of arts and sciences. The~~	64011
~~chancellor of the Ohio board of regents shall submit two slates of~~	64012
~~nominees for these appointments and the state board shall appoint~~	64013
~~one slate as members of the educator standards board.~~	64014

~~(6)~~(e) One person who is a parent of a student currently	64015
enrolled in a school operated by a school district. The Ohio	64016
parent teacher association shall submit a list of two nominees	64017
for this appointment.	64018

(2) The chancellor of the Ohio board of regents shall appoint	64019
three persons employed by institutions of higher education that	64020
offer educator preparation programs. One person shall be employed	64021
by an institution of higher education that has a certificate of	64022
authorization under Chapter 1713. of the Revised Code; one person	64023
shall be employed by a state university, as defined in section	64024
3345.011 of the Revised Code, or a university branch; and one	64025
person shall be employed by a state community college, community	64026
college, or technical college. Of the two persons appointed from	64027
an institution of higher education that has a certificate of	64028
authorization under Chapter 1713. of the Revised Code and from a	64029
state university or university branch, one shall be employed in a	64030
college of education and one shall be employed in a college of	64031
arts and sciences.	64032

(3) The superintendent of public instruction or a designee of	64033
the superintendent, the chancellor of the Ohio board of regents or	64034
a designee of the chancellor, and the chairpersons and the ranking	64035
minority members of the education committees of the senate and	64036
house of representatives shall serve as nonvoting, ex officio	64037
members.	64038

(B) ~~Initial terms of office for nine members shall be for two~~	64039
~~years and three years for eight members, beginning on the day all~~	64040
~~members are appointed to the board. At the first meeting of the~~	64041
~~board, members shall draw lots to determine the length of the term~~	64042
~~each member shall serve. Thereafter terms~~Terms of office shall be	64043
for two years. Each member shall hold office from the date of the	64044
member's appointment until the end of the term for which the	64045
member was appointed. At the first meeting, appointed members	64046
shall select a chairperson and a vice-chairperson. Vacancies on	64047
the board shall be filled in the same manner as ~~the original~~	64048
prescribed for appointments under division (A) of this section.	64049
Any member appointed to fill a vacancy occurring prior to the	64050
expiration of the term for which the member's predecessor was	64051
appointed shall hold office for the remainder of such term. Any	64052
member shall continue in office subsequent to the expiration date	64053
of the member's term until the member's successor takes office, or	64054
until a period of sixty days has elapsed, whichever occurs first.	64055
The terms of office of members are renewable.	64056

64057

(D) The board shall establish guidelines for its operation.	64058
These guidelines shall require the creation of a standing	64059
subcommittee on higher education, and shall permit the creation of	64060
other standing subcommittees when necessary. The board shall	64061
determine the membership of any subcommittee it creates. The board	64062
may select persons who are not members of the board to participate	64063
in the deliberations of any subcommittee as representatives of	64064
stakeholder groups, but no such person shall vote on any issue	64065
before the subcommittee.	64066

Sec. 3319.61. (A) The educator standards board, in	64067
consultation with the chancellor of the Ohio board of regents,	64068
shall do all of the following:	64069

(1) Develop state standards for teachers and principals that	64070
reflect what teachers and principals are expected to know and be	64071
able to do at all stages of their careers. These standards shall	64072
be aligned with the statewide academic content standards for	64073
students adopted pursuant to section 3301.079 of the Revised Code,	64074
be primarily based on educator performance instead of years of	64075
experience or certain courses completed, and rely on	64076
evidence-based factors. These standards shall also be aligned	64077
with the operating standards adopted under division (D)(3) of	64078
section 3301.07 of the Revised Code.	64079

(a) The standards for teachers shall reflect the following	64080
additional criteria:	64081

(i) Alignment with the interstate new teacher assessment and	64082
support consortium standards;	64083

(ii) Differentiation among novice, experienced, and advanced	64084
teachers;	64085

(iii) Reliance on competencies that can be measured;

64086

(iv) Reliance on content knowledge, teaching skills,	64087
discipline-specific teaching methods, and requirements for	64088
professional development;	64089

(v) Alignment with a career-long system of professional	64090
development and evaluation that ensures teachers receive the	64091
support and training needed to achieve the teaching standards as	64092
well as reliable feedback about how well they meet the standards;	64093

(vi) The standards under section 3301.079 of the Revised	64094
Code, including standards on collaborative learning environments	64095
and interdisciplinary, project-based, real-world learning and	64096
differentiated instruction;	64097

(vii) The Ohio leadership framework.

64098

(b) The standards for principals shall be aligned with the	64099
interstate school leaders licensing consortium standards.	64100

(2) Develop standards for school district superintendents	64101
that reflect what superintendents are expected to know and be able	64102
to do at all stages of their careers. The standards shall reflect	64103
knowledge of systems theory and effective management principles	64104
and be aligned with the buckeye association of school	64105
administrators standards and the operating standards developed	64106
under division (D)(3) of section 3301.07 of the Revised Code.	64107

(3) Develop standards for school district treasurers and	64108
business managers that reflect what treasurers and business	64109
managers are expected to know and be able to do at all stages of	64110
their careers. The standards shall reflect knowledge of systems	64111
theory and effective management principles and be aligned with the	64112
association of school business officials international standards	64113
and the operating standards developed under division (D)(3) of	64114
section 3301.07 of the Revised Code.	64115

(4) Develop standards for the renewal of ~~educator~~ licenses	64116
under ~~section~~sections 3301.074 and 3319.22 of the Revised Code;	64117

~~(3)~~(5) Develop standards for educator professional	64118
development;	64119

(6) Investigate and make recommendations for the creation,	64120
expansion, and implementation of school building and school	64121
district leadership academies.	64122

The superintendent of public instruction, the chancellor of	64123
the Ohio board of regents, or the education standards board itself	64124
may request that the educator standards board update, review, or	64125
reconsider any standards developed under this section.	64126

(B) The educator standards board shall incorporate indicators	64127
of cultural competency into the standards developed under division	64128
(A) of this section. For this purpose, the educator standards	64129
board shall develop a definition of cultural competency based upon	64130
content and experiences that enable educators to know, understand,	64131
and appreciate the students, families, and communities that they	64132
serve and skills for addressing cultural diversity in ways that	64133
respond equitably and appropriately to the cultural needs of	64134
individual students.	64135

(C) In developing the standards under division (A) of this	64136
section, the educator standards board shall consider the impact of	64137
the standards on closing the achievement gap between students of	64138
different subgroups.	64139

(D) In developing the standards under division (A) of this	64140
section, the educator standards board shall ensure ~~that~~both of	64141
the following:	64142

(1) That teachers ~~and principals~~ have sufficient knowledge to	64143
provide appropriate instruction for students identified as gifted	64144
pursuant to Chapter 3324. of the Revised Code and to assist in the	64145
identification of such students, and have sufficient knowledge	64146
that will enable teachers to provide learning opportunities for	64147
all children to succeed;	64148

(2) That principals, superintendents, school treasurers, and	64149
school business managers have sufficient knowledge to provide	64150
principled, collaborative, foresighted, and data-based leadership	64151
that will provide learning opportunities for all children to	64152
succeed.	64153

(E) The standards for educator professional development	64154
developed under division (A)~~(3)~~(5) of this section shall include	64155
~~standards~~the following:	64156

(1) Standards for the inclusion of local professional	64157
development committees established under section 3319.22 of the	64158
Revised Code in the planning and design of professional	64159
development;	64160

(2) Standards that address the crucial link between academic	64161
achievement and mental health issues.	64162

(F) The educator standards board shall also perform the	64163
following functions:	64164

(1) ~~Collaborate with colleges and universities that offer~~	64165
~~teacher preparation programs approved pursuant to section 3319.23~~	64166
~~of the Revised Code to align teacher and principal preparation~~	64167
~~courses with the standards developed under division (A) of this~~	64168
~~section and with student academic content standards adopted under~~	64169
~~section 3301.079 of the Revised Code. The educator standards board~~	64170
~~shall study the model developed by the college of food,~~	64171
~~agricultural, and environmental sciences and the college of~~	64172
~~education of the Ohio state university for aligning teacher~~	64173
~~preparation programs in agricultural education with recognized~~	64174
~~standards for this purpose.~~	64175

~~(2)~~ Monitor compliance with the ~~teacher and principal~~	64176
standards developed under division (A) of this section and make	64177
recommendations to the state board of education for appropriate	64178
corrective action if such standards are not met;	64179

~~(3)~~(2) Research, develop, and recommend policies on the	64180
professions of teaching and school administration;	64181

~~(4)~~(3) Recommend policies to close the achievement gap	64182
between students of different subgroups;	64183

~~(5)~~(4) Define a "master teacher" in a manner that can be used	64184
uniformly by all school districts;	64185

(5) Adopt criteria that a candidate for a lead professional	64186
educator license under section 3319.22 of the Revised Code who	64187
does not hold a valid certificate issued by the national board	64188
for professional teaching standards must meet to be considered a	64189
lead teacher for purposes of division (B)(4)(d) of that section.	64190
It is the intent of the general assembly that ~~when defining~~	64191
~~"master teacher,"~~ the educator standards board shall adopt	64192
multiple, equal-weighted criteria to use in determining whether a	64193
person is a ~~master~~lead teacher. ~~Such~~The criteria shall be in	64194
addition to the other standards and qualifications prescribed in	64195
division (B)(4) of section 3319.22 of the Revised Code. The	64196
criteria may include, but shall not be limited to, ~~attainment of~~	64197
~~a master's degree in an appropriate subject area,~~ completion of	64198
~~other~~ educational levels beyond a master's degree or other	64199
professional development courses~~, certification by the national~~	64200
~~board for professional teaching standards,~~ or demonstration of a	64201
leadership role in the teacher's school building or district. The	64202
board shall determine the number of criteria that a teacher shall	64203
satisfy to be recognized as a ~~master~~lead teacher, which shall	64204
not be the total number of criteria adopted by the board.	64205

(6) Develop model teacher and principal evaluation	64206
instruments and processes. The models shall be based on the	64207
standards developed under division (A) of this section.	64208

(7) Develop a method of measuring the academic improvement	64209
made by individual students during a one-year period and make	64210
recommendations for incorporating the measurement as one of	64211
multiple evaluation criteria into each of the following:	64212

(a) Eligibility for a professional educator license, senior	64213
professional educator license, lead professional educator license,	64214
or principal license issued under section 3319.22 of the Revised	64215
Code;	64216

(b) The Ohio teacher residency program established under	64217
section 3319.223 of the Revised Code;	64218

(c) The model teacher and principal evaluation instruments	64219
and processes developed under division (F)(6) of this section.	64220

(G) The educator standards board shall submit recommendations	64221
of standards developed under division (A) of this section to the	64222
state board of education ~~within one year after the educator~~	64223
~~standards board first convenes~~not later than September 1, 2010.	64224
The state board of education shall review those recommendations at	64225
the state board's regular meeting that next succeeds the date that	64226
the recommendations are submitted to the state board. At that	64227
meeting, the state board of education shall vote to either adopt	64228
standards based on those recommendations or request that the	64229
educator standards board reconsider its recommendations. The state	64230
board of education shall articulate reasons for requesting	64231
reconsideration of the recommendations but shall not direct the	64232
content of the recommendations. The educator standards board shall	64233
reconsider its recommendations if the state board of education so	64234
requests, may revise the recommendations, and shall resubmit the	64235
recommendations, whether revised or not, to the state board not	64236
later than two weeks prior to the state board's regular meeting	64237
that next succeeds the meeting at which the state board requested	64238
reconsideration of the initial recommendations. The state board of	64239
education shall review the recommendations as resubmitted by the	64240
educator standards board at the state board's regular meeting that	64241
next succeeds the meeting at which the state board requested	64242
reconsideration of the initial recommendations and may adopt the	64243
standards as resubmitted or, if the resubmitted standards have not	64244
addressed the state board's concerns, the state board may modify	64245
the standards prior to adopting them. The final responsibility to	64246
determine whether to adopt standards as described in division (A)	64247
of this section and the content of those standards, if adopted,	64248
belongs solely to the state board of education.	64249

Sec. 3319.611. The subcommittee on standards for	64250
superintendents of the education standards board is hereby	64251
established. The subcommittee shall consist of the following	64252
members:	64253

(A) The school district superintendent appointed to the	64254
educator standards board under section 3319.60 of the Revised	64255
Code, who shall act as chairperson of the subcommittee;	64256

(B) Three additional school district superintendents	64257
appointed by the state board of education, for terms of two years.	64258
The buckeye association of school administrators shall submit a	64259
list of six nominees for appointments under this section.	64260

(C) Three additional members of the educator standards board,	64261
appointed by the chairperson of the educator standards board;	64262

(D) The superintendent of public instruction and the	64263
chancellor of the Ohio board of regents, or their designees, who	64264
shall serve as nonvoting, ex officio members of the subcommittee.	64265

Members of the subcommittee shall receive no compensation for	64266
their services. The members appointed under divisions (B) and (C)	64267
of this section may be reappointed.	64268

The subcommittee shall assist the educator standards board in	64269
developing the standards for superintendents and with any	64270
additional matters the educator standards board directs the	64271
subcommittee to examine.	64272

Sec. 3319.612. The subcommittee on standards for school	64273
treasurers and business managers of the educator standards board	64274
is hereby established. The subcommittee shall consist of the	64275
following members:	64276

(A) The school district treasurer or business manager	64277
appointed to the educator standards board under section 3319.60 of	64278
the Revised Code, who shall act as chairperson of the	64279
subcommittee;	64280

(B) Three additional school district treasurers or business	64281
managers appointed by the state board of education for terms of	64282
two years. The Ohio association of school business officials shall	64283
submit a list of six nominees for appointments under this section.	64284

(C) Three additional members of the educator standards board,	64285
appointed by the chairperson of the educator standards board;	64286

(D) The superintendent of public instruction and the	64287
chancellor of the Ohio board of regents, or their designees, who	64288
shall serve as nonvoting, ex officio members of the subcommittee.	64289

Members of the subcommittee shall receive no compensation for	64290
their services. The members appointed under divisions (B) and (C)	64291
of this section may be reappointed.	64292

The subcommittee shall assist the educator standards board in	64293
developing the standards for school treasurers and business	64294
managers and with any additional matters the educator standards	64295
board directs the subcommittee to examine.	64296

Sec. 3319.63. The board of education of a school district	64297
that employs any person who is appointed to serve as a member of	64298
the educator standards board under division (A)(1)(a) or ~~(3)~~(c) of	64299
section 3319.60, as a member of the subcommittee on standards for	64300
superintendents under division (B) or (C) of section 3319.611, or	64301
as a member of the subcommittee on standards for school	64302
treasurers and business managers under division (B) or (C) of	64303
section 3319.612 of the Revised Code shall grant that person paid	64304
professional leave for the purpose of attending meetings and	64305
conducting official business of the educator standards board and	64306
the subcommittees.	64307

Sec. 3319.70. (A) The school health services advisory	64308
council is hereby established. The council shall consist of the	64309
following members:	64310

(1) A registered nurse licensed under Chapter 4723. of the	64311
Revised Code who also is licensed as a school nurse pursuant to	64312
section 3319.221 or former section 3319.22 of the Revised Code and	64313
is a member of the Ohio association of school nurses, appointed by	64314
the governor;	64315

(2) A representative of the board of nursing, appointed by	64316
the governor;	64317

(3) A representative of the department of health who has	64318
expertise in school and adolescent health services, appointed by	64319
the director of health;	64320

(4) A representative of the department of education,	64321
appointed by the superintendent of public instruction;	64322

(5) A representative of the chancellor of the Ohio board of	64323
regents, appointed by the chancellor;	64324

(6) A representative of a nurse education program, appointed	64325
by the chancellor;	64326

(7) A representative of the department of development who has	64327
expertise in workforce development, appointed by the director of	64328
development;	64329

(8) A representative of the department of job and family	64330
services who has expertise in child and adolescent care, appointed	64331
by the director of job and family services;	64332

(9) A representative of the public, appointed by the	64333
governor.	64334

(B) Initial appointments to the council shall be made within	64335
thirty days after the effective date of this section. Members of	64336
the council shall serve at the pleasure of their appointing	64337
authorities. Vacancies shall be filled in the same manner as the	64338
original appointment. Members shall receive no compensation for	64339
their services, except to the extent that service on the council	64340
is part of their regular employment duties.	64341

(C) The representative of the department of education shall	64342
call the first meeting of the council. At that meeting, the	64343
members shall select a chairperson and vice-chairperson.	64344
Subsequent meetings of the council shall be held at the call of	64345
the chairperson.	64346

Sec. 3319.71. (A) The school health services advisory council	64347
shall make recommendations on the following topics:	64348

(1) The content of the course of instruction required to	64349
obtain a school nurse license under section 3319.221 of the	64350
Revised Code;	64351

(2) The content of the course of instruction required to	64352
obtain a school nurse wellness coordinator license under section	64353
3319.221 of the Revised Code;	64354

(3) Best practices for the use of school nurses and school	64355
nurse wellness coordinators in providing health and wellness	64356
programs for students and employees of school districts, community	64357
schools established under Chapter 3314. of the Revised Code, and	64358
STEM schools established under Chapter 3326. of the Revised Code.	64359

(B) The council shall issue its initial recommendations not	64360
later than March 31, 2010, and may issue subsequent	64361
recommendations as it considers necessary. Copies of all	64362
recommendations shall be provided to the state board of education,	64363
the chancellor of the Ohio board of regents, the board of	64364
nursing, and the health care coverage and quality council.	64365

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	64366
"guardian," or "other person having charge or care of a child"	64367
means either parent unless the parents are separated or divorced	64368
or their marriage has been dissolved or annulled, in which case	64369
"parent" means the parent who is the residential parent and legal	64370
custodian of the child. If the child is in the legal or permanent	64371
custody of a person or government agency, "parent" means that	64372
person or government agency. When a child is a resident of a home,	64373
as defined in section 3313.64 of the Revised Code, and the child's	64374
parent is not a resident of this state, "parent," "guardian," or	64375
"other person having charge or care of a child" means the head of	64376
the home.	64377

A child between six and eighteen years of age is "of	64378
compulsory school age" for the purpose of sections 3321.01 to	64379
3321.13 of the Revised Code. A child under six years of age who	64380
has been enrolled in kindergarten also shall be considered "of	64381
compulsory school age" for the purpose of sections 3321.01 to	64382
3321.13 of the Revised Code unless at any time the child's parent	64383
or guardian, at the parent's or guardian's discretion and in	64384
consultation with the child's teacher and principal, formally	64385
withdraws the child from kindergarten. The compulsory school age	64386
of a child shall not commence until the beginning of the term of	64387
such schools, or other time in the school year fixed by the rules	64388
of the board of the district in which the child resides.	64389

(2) No child shall be admitted to a kindergarten or a first	64390
grade of a public school in a district in which all children are	64391
admitted to kindergarten and the first grade in August or	64392
September unless the child is five or six years of age,	64393
respectively, by the thirtieth day of September of the year of	64394
admittance, or by the first day of a term or semester other than	64395
one beginning in August or September in school districts granting	64396
admittance at the beginning of such term or semester, except that	64397
in those school districts using or obtaining educationally	64398
accepted standardized testing programs for determining entrance,	64399
as approved by the board of education of such districts, the board	64400
shall admit a child to kindergarten or the first grade who fails	64401
to meet the age requirement, provided the child meets necessary	64402
standards as determined by such standardized testing programs. If	64403
the board of education has not established a standardized testing	64404
program, the board shall designate the necessary standards and a	64405
testing program it will accept for the purpose of admitting a	64406
child to kindergarten or first grade who fails to meet the age	64407
requirement. Each child who will be the proper age for entrance to	64408
kindergarten or first grade by the first day of January of the	64409
school year for which admission is requested shall be so tested	64410
upon the request of the child's parent.	64411

(3) Notwithstanding divisions (A)(2) and (D) of this section,	64412
beginning with the school year that starts in 2001 and continuing	64413
thereafter the board of education of any district may adopt a	64414
resolution establishing the first day of August in lieu of the	64415
thirtieth day of September as the required date by which students	64416
must have attained the age specified in those divisions.	64417

(B) As used in divisions (C) and (D) of this section,	64418
"successfully completed kindergarten" and "successful completion	64419
of kindergarten" mean that the child has completed the	64420
kindergarten requirements at one of the following:	64421

(1) A public or chartered nonpublic school;

64422

(2) A kindergarten class that is both of the following:

64423

(a) Offered by a day-care provider licensed under Chapter	64424
5104. of the Revised Code;	64425

(b) If offered after July 1, 1991, is directly taught by a	64426
teacher who holds one of the following:	64427

(i) A valid educator license issued under section 3319.22 of	64428
the Revised Code;	64429

(ii) A Montessori preprimary credential or age-appropriate	64430
diploma granted by the American Montessori society or the	64431
association Montessori internationale;	64432

(iii) Certification determined under division (G) of this	64433
section to be equivalent to that described in division	64434
(B)(2)(b)(ii) of this section;	64435

(iv) Certification for teachers in nontax-supported schools	64436
pursuant to section 3301.071 of the Revised Code.	64437

(C) Except as provided in division (D) of this section, no	64438
school district shall admit to the first grade any child who has	64439
not successfully completed kindergarten.	64440

(D) Upon request of a parent, the requirement of division (C)	64441
of this section may be waived by the district's pupil personnel	64442
services committee in the case of a child who is at least six	64443
years of age by the thirtieth day of September of the year of	64444
admittance and who demonstrates to the satisfaction of the	64445
committee the possession of the social, emotional, and cognitive	64446
skills necessary for first grade.	64447

The board of education of each city, local, and exempted	64448
village school district shall establish a pupil personnel services	64449
committee. The committee shall be composed of all of the following	64450
to the extent such personnel are either employed by the district	64451
or employed by the governing board of the educational service	64452
center within whose territory the district is located and the	64453
educational service center generally furnishes the services of	64454
such personnel to the district:	64455

(1) The director of pupil personnel services;

64456

(2) An elementary school counselor;

64457

(3) An elementary school principal;

64458

(4) A school psychologist;

64459

(5) A teacher assigned to teach first grade;

64460

(6) A gifted coordinator.

64461

The responsibilities of the pupil personnel services	64462
committee shall be limited to the issuing of waivers allowing	64463
admittance to the first grade without the successful completion of	64464
kindergarten. The committee shall have no other authority except	64465
as specified in this section.	64466

(E) The scheduling of times for kindergarten classes and	64467
length of the school day for kindergarten shall be determined by	64468
the board of education of a city, exempted village, or local	64469
school district, subject to section 3321.05 of the Revised Code.	64470

(F) Any kindergarten class offered by a day-care provider or	64471
school described by division (B)(1) or (B)(2)(a) of this section	64472
shall be developmentally appropriate.	64473

(G) Upon written request of a day-care provider described by	64474
division (B)(2)(a) of this section, the department of education	64475
shall determine whether certification held by a teacher employed	64476
by the provider meets the requirement of division (B)(2)(b)(iii)	64477
of this section and, if so, shall furnish the provider a statement	64478
to that effect.	64479

(H) ~~As used in this division, "all-day kindergarten" has the~~	64480
~~same meaning as in section 3317.029 of the Revised Code.~~	64481

~~(1) Any school district that is not eligible to receive~~	64482
~~poverty-based assistance for all-day kindergarten under division~~	64483
~~(D) of section 3317.029 of the Revised Code may charge fees or~~	64484
~~tuition for students enrolled in all-day kindergarten. If a~~	64485
~~district charges fees or tuition for all-day kindergarten under~~	64486
~~this division, the district shall develop a sliding fee scale~~	64487
~~based on family incomes.~~	64488

~~(2)~~ The department of education shall conduct an annual	64489
survey of each school district ~~described in division (H)(1) of~~	64490
~~this section~~ to determine the following:	64491

~~(a) Whether the district charges fees or tuition for students~~	64492
~~enrolled in all-day kindergarten;~~	64493

~~(b) The amount of the fees or tuition charged;~~

64494

~~(c)~~(1) How many ~~of the~~ students ~~for whom tuition is charged~~	64495
are eligible for free lunches under the "National School Lunch	64496
Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the	64497
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as	64498
amended~~, and how many of the students for whom tuition is charged~~	64499
~~are eligible for reduced price lunches under those acts;~~	64500

~~(d)~~(2) How many students are enrolled in ~~traditional~~ half-day	64501
kindergarten ~~rather than~~and how many students are enrolled in	64502
all-day kindergarten, as defined in section 3321.05 of the Revised	64503
Code.	64504

Each district shall report to the department, in the manner	64505
prescribed by the department, the information ~~described in~~	64506
~~divisions (H)(2)(a) to (d) of this section~~required by this	64507
division.	64508

The department shall issue an annual report on the results of	64509
the survey and shall post the report on its web site. The	64510
department shall issue the first report not later than April 30,	64511
2008, and shall issue a report not later than the thirtieth day of	64512
April each year thereafter.	64513

Sec. 3321.041. (A) As used in this section, "extracurricular	64514
activity" means a pupil activity program that a school or school	64515
district operates and is not included in the school district's	64516
graded course of study, including an interscholastic	64517
extracurricular activity that a school or school district sponsors	64518
or participates in and that has participants from more than one	64519
school or school district.	64520

(B) Beginning in the 2009-2010 school year, if a student	64521
enrolled in a school district is absent from school for the sole	64522
purpose of traveling out of the state to participate in an	64523
enrichment activity approved by the district board of education or	64524
in an extracurricular activity, the district shall count that	64525
absence as an excused absence, up to a maximum of four days per	64526
school year. The district shall require any such student to	64527
complete any classroom assignments that the student misses because	64528
of the absence.	64529

(C) If a student will be absent from school for four or more	64530
consecutive school days for a purpose described in division (B) of	64531
this section, a classroom teacher employed by the school district	64532
shall accompany the student during the travel period to provide	64533
the student with instructional assistance.	64534

Sec. 3321.05. (A) As used in this section, "all-day	64535
kindergarten" means a kindergarten class that is in session five	64536
days per week for not less than the same number of clock hours	64537
each day as for students in grades one through six.	64538

(B) Any school district may operate all-day kindergarten or	64539
extended kindergarten, but nobeginning in fiscal year 2011, each	64540
city, local, and exempted village school district shall provide	64541
all-day kindergarten to each student enrolled in kindergarten,	64542
except as specified in divisions (C) and (D) of this section.	64543

(C) The board of education of a school district may apply to	64544
the superintendent of public instruction for a waiver of the	64545
requirement to provide all-day kindergarten for all kindergarten	64546
students. In making the determination to grant or deny the waiver,	64547
the state superintendent may consider space concerns or	64548
alternative delivery approaches used by the school district.	64549

(D) No district shall require any student to attend	64550
kindergarten for more than one-half of the number of clock hours	64551
required each day for ~~traditional kindergarten~~grades one through	64552
six by the minimum standards adopted under division (D) of section	64553
3301.07 of the Revised Code. Each school district ~~that operates~~	64554
~~all-day or extended kindergarten~~ shall accommodate kindergarten	64555
students whose parents or guardians elect to enroll them for	64556
one-half of the minimum number of hours required each day for	64557
grades one through six.	64558

(E) A school district may use space in child day-care centers	64559
licensed under Chapter 5104. of the Revised Code to provide	64560
all-day kindergarten under this section.	64561

Sec. 3323.05. The state board of education shall establish	64562
procedures to ensure that children with disabilities and their	64563
parents are guaranteed procedural safeguards under this chapter	64564
with respect to a free appropriate public education.	64565

The procedures shall include, but need not be limited to:

64566

(A) An opportunity for the parents of a child with a	64567
disability to examine all records related to the child and to	64568
participate in meetings with respect to identification,	64569
evaluation, and educational placement of the child, and to	64570
obtain an independent educational evaluation of the child;	64571

(B) Procedures to protect the rights of the child whenever	64572
the parents of the child are not known, an agency after making	64573
reasonable efforts cannot find the parents, or the child is a	64574
ward of the state, including the assignment~~, in accordance with~~	64575
~~section 3323.051 of the Revised Code,~~ of an individual to act as	64576
a surrogate for the parents;made by the school district or other	64577
educational agency responsible for educating the child or by the	64578
court with jurisdiction over the child's custody. Such assignment	64579
shall be made in accordance with section 3323.051 of the Revised	64580
Code.	64581

(C) Prior written notice to the child's parents of a school	64582
district's proposal or refusal to initiate or change the	64583
identification, evaluation, or educational placement of the child	64584
or the provision of a free appropriate education for the child.	64585
The procedures established under this division shall:	64586

(1) Be designed to ensure that the written prior notice is in	64587
the native language of the parents, unless it clearly is not	64588
feasible to do so.	64589

(2) Specify that the prior written notice shall include:

64590

(a) A description of the action proposed or refused by the	64591
district;	64592

(b) An explanation of why the district proposes or refuses to	64593
take the action and a description of each evaluation procedure,	64594
assessment, record, or report the district used as a basis for the	64595
proposed or refused action;	64596

(c) A statement that the parents of a child with a disability	64597
have protection under the procedural safeguards and, if the notice	64598
is not in regard to an initial referral for evaluation, the means	64599
by which a copy of a description of the procedural safeguards can	64600
be obtained;	64601

(d) Sources for parents to contact to obtain assistance in	64602
understanding the provisions of Part B of the "Individuals with	64603
Disabilities Education Improvement Act of 2004";	64604

(e) A description of other options considered by the IEP team	64605
and the reason why those options were rejected;	64606

(f) A description of the factors that are relevant to the	64607
agency's proposal or refusal.	64608

(D) An opportunity for the child's parents to present	64609
complaints to the superintendent of the child's school district	64610
of residence with respect to any matter relating to the	64611
identification, evaluation, or educational placement of the child,	64612
or the provision of a free appropriate public education under	64613
this chapter.	64614

Within twenty school days after receipt of a complaint, the	64615
district superintendent or the superintendent's designee, without	64616
undue delay and at a time and place convenient to all parties,	64617
shall review the case, may conduct an administrative review, and	64618
shall notify all parties in writing of the superintendent's or	64619
designee's decision. Where the child is placed in a program	64620
operated by a county MR/DD board or other educational agency, the	64621
superintendent shall consult with the administrator of that county	64622
MR/DD board or agency.	64623

Any party aggrieved by the decision of the district	64624
superintendent or the superintendent's designee may file a	64625
complaint with the state board as provided under division (E) of	64626
this section, request mediation as provided under division (F) of	64627
this section, or present a due process complaint notice and	64628
request for a due process hearing in writing to the superintendent	64629
of the district, with a copy to the state board, as provided under	64630
division (G) of this section.	64631

(E) An opportunity for a party to file a complaint with the	64632
state board of education with respect to the identification,	64633
evaluation, or educational placement of the child, or the	64634
provision of a free appropriate public education to such child.	64635
The department of education shall review and, where appropriate,	64636
investigate the complaint and issue findings.	64637

(F) An opportunity for parents and a school district to	64638
resolve through mediation disputes involving any matter.	64639

(1) The procedures established under this section shall	64640
ensure that the mediation process is voluntary on the part of the	64641
parties, is not used to deny or delay a parent's right to a due	64642
process hearing or to deny any other rights afforded under this	64643
chapter, and is conducted by a qualified and impartial mediator	64644
who is trained in effective mediation techniques.	64645

(2) A school district may establish procedures to offer to	64646
parents and schools that choose not to use the mediation process,	64647
an opportunity to meet, at a time and location convenient to the	64648
parents, with a disinterested party to encourage the use, and	64649
explain the benefits, of the mediation process to the parents. The	64650
disinterested party shall be an individual who is under contract	64651
with a parent training and information center or community parent	64652
resource center in the state or is under contract with an	64653
appropriate alternative dispute resolution entity.	64654

(3) The department shall maintain a list of individuals who	64655
are qualified mediators and knowledgeable in laws and regulations	64656
relating to the provision of special education and related	64657
services.	64658

(4) The department shall bear the cost of the mediation	64659
process, including the costs of meetings described in division	64660
(F)(2) of this section.	64661

(5) Each session in the mediation process shall be scheduled	64662
in a timely manner and shall be held in a location that is	64663
convenient to the parties to the dispute.	64664

(6) Discussions that occur during the mediation process shall	64665
be confidential and shall not be used as evidence in any	64666
subsequent due process hearing or civil proceeding.	64667

(7) In the case that a resolution is reached to resolve the	64668
complaint through the mediation process, the parties shall execute	64669
a legally binding agreement that sets forth the resolution and	64670
that:	64671

(a) States that all discussions that occurred during the	64672
mediation process shall be confidential and shall not be used as	64673
evidence in any subsequent due process hearing or civil	64674
proceeding;	64675

(b) Is signed by both the parent and a representative for the	64676
school district who has the authority to bind the district;	64677

(c) Is enforceable in any state court of competent	64678
jurisdiction or in a district court of the United States.	64679

(G)(1) An opportunity for parents or a school district to	64680
present a due process complaint and request for a due process	64681
hearing to the superintendent of the school district of the	64682
child's residence with respect to the identification, evaluation,	64683
or educational placement of the child, or the provision of a free	64684
appropriate public education to the child. The party presenting	64685
the due process complaint and request for a due process hearing	64686
shall provide due process complaint notice to the other party and	64687
forward a copy of the notice to the state board. The due process	64688
complaint notice shall include:	64689

(a) The name of the child, the address of the residence of	64690
the child, or the available contact information in the case of a	64691
homeless child, and the name of the school the child is attending;	64692

(b) A description of the nature of the problem of the child	64693
relating to the proposed initiation or change, including facts	64694
relating to the problem;	64695

(c) A proposed resolution of the problem to the extent known	64696
and available to the party at the time.	64697

A party shall not have a due process hearing until the party,	64698
or the attorney representing the party, files a notice that meets	64699
the requirement for filing a due process complaint notice.	64700

A due process hearing shall be conducted by an impartial	64701
hearing officer in accordance with standards and procedures	64702
adopted by the state board. A hearing officer shall not be an	64703
employee of the state board or any agency involved in the	64704
education or care of the child or a person having a personal or	64705
professional interest that conflicts with the person's objectivity	64706
in the hearing. A hearing officer shall possess knowledge of, and	64707
the ability to understand, the provisions of the "Individuals with	64708
Disabilities Education Improvement Act of 2004," federal and state	64709
regulations pertaining to that act, and legal interpretations of	64710
that act by federal and state courts; possess the knowledge and	64711
ability to conduct hearings in accordance with appropriate	64712
standard legal practice; and possess the knowledge and ability to	64713
render and write decisions in accordance with appropriate standard	64714
legal practice. The due process requirements of section 615 of the	64715
"Individuals with Disabilities Education Improvement Act of 2004,"	64716
20 U.S.C. 1415, apply to due process complaint notices and	64717
requests for due process hearings and to due process hearings held	64718
under division (G) of this section, including, but not limited to,	64719
timelines for requesting hearings, requirements for sufficient	64720
complaint notices, resolution sessions, and sufficiency and	64721
hearing decisions.	64722

(2) Discussions that occur during a resolution session shall	64723
be confidential and shall not be used as evidence in any	64724
subsequent due process hearing or civil proceeding. If a	64725
resolution to the dispute is reached at a resolution session, the	64726
parties must execute a legally binding written settlement	64727
agreement which shall state that all discussions that occurred	64728
during the resolution process shall be confidential and shall not	64729
be used as evidence in any subsequent due process hearing or civil	64730
proceeding.	64731

(3) A party to a hearing under division (G) of this section	64732
shall be accorded:	64733

(a) The right to be accompanied and advised by counsel and by	64734
individuals with special knowledge or training with respect to the	64735
problems of children with disabilities;	64736

(b) The right to present evidence and confront,	64737
cross-examine, and compel the attendance of witnesses;	64738

(c) The right to a written or electronic verbatim record of	64739
the hearing;	64740

(d) The right to written findings of fact and decisions,	64741
which findings of fact and decisions shall be made available to	64742
the public consistent with the requirements relating to the	64743
confidentiality of personally identifiable data, information, and	64744
records collected and maintained by state educational agencies and	64745
local educational agencies; and shall be transmitted to the	64746
advisory panel established and maintained by the department for	64747
the purpose of providing policy guidance with respect to special	64748
education and related services for children with disabilities in	64749
the state.	64750

(H) An opportunity for any party aggrieved by the findings	64751
and decision rendered in a hearing under division (G) of this	64752
section to appeal within forty-five days of notification of the	64753
decision to the state board, which shall appoint a state level	64754
officer who shall review the case and issue a final order. The	64755
state level officer shall be appointed and shall review the case	64756
in accordance with standards and procedures adopted by the state	64757
board.	64758

Any party aggrieved by the final order of the state level	64759
officer may appeal the final order, in accordance with Chapter	64760
119. of the Revised Code, within forty-five days after	64761
notification of the order to the court of common pleas of the	64762
county in which the child's school district of residence is	64763
located, or to a district court of the United States within	64764
ninety days after the date of the decision of the state level	64765
review officer, as provided in section 615(i)(2) of the	64766
"Individuals with Disabilities Education Improvement Act of	64767
2004," 20 U.S.C. 1415(i)(2).	64768

Sec. 3323.091. (A) The department of mental health, the	64769
department of mental retardation and developmental disabilities,	64770
the department of youth services, and the department of	64771
rehabilitation and correction shall establish and maintain special	64772
education programs for children with disabilities in institutions	64773
under their jurisdiction according to standards adopted by the	64774
state board of education.	64775

(B) The superintendent of each state institution required to	64776
provide services under division (A) of this section, and each	64777
county MR/DD board, providing special education for preschool	64778
children with disabilities under this chapter may apply to the	64779
state department of education for unit funding, which shall be	64780
paid in accordance with sections 3317.052 and 3317.053 of the	64781
Revised Code.	64782

The superintendent of each state institution required to	64783
provide services under division (A) of this section may apply to	64784
the department of education for special education and related	64785
services weighted funding for children with disabilities other	64786
than preschool children with disabilities, calculated in	64787
accordance with section 3317.201 of the Revised Code.	64788

Each county MR/DD board providing special education for	64789
children with disabilities other than preschool children with	64790
disabilities may apply to the department of education for base	64791
cost and special education and related services weighted funding	64792
calculated in accordance with section 3317.20 of the Revised	64793
Code.	64794

(C) In addition to the authorization to apply for state	64795
funding described in division (B) of this section, each state	64796
institution required to provide services under division (A) of	64797
this section is entitled to tuition payments calculated in the	64798
manner described in division (C) of this section.	64799

On or before the thirtieth day of June of each year, the	64800
superintendent of each institution that during the school year	64801
provided special education pursuant to this section shall prepare	64802
a statement for each child with a disability under twenty-two	64803
years of age who has received special education. The statement	64804
shall contain the child's data verification code assigned	64805
pursuant to division (D)(2) of section 3301.0714 of the Revised	64806
Code and the name of the child's school district of residence.	64807
Within sixty days after receipt of such statement, the department	64808
of education shall perform one of the following:	64809

(1) For any child except a preschool child with a disability	64810
described in division (C)(2) of this section, pay to the	64811
institution submitting the statement an amount equal to the	64812
tuition calculated under division (A) of section 3317.08 of the	64813
Revised Code for the period covered by the statement, and deduct	64814
the same from the amount of state funds, if any, payable under	64815
sections ~~3317.022~~3306.13 and 3317.023 of the Revised Code, to the	64816
child's school district of residence or, if the amount of such	64817
state funds is insufficient, require the child's school district	64818
of residence to pay the institution submitting the statement an	64819
amount equal to the amount determined under this division.	64820

(2) For any preschool child with a disability not included	64821
in a unit approved under division (B) of section 3317.05 of the	64822
Revised Code, perform the following:	64823

(a) Pay to the institution submitting the statement an amount	64824
equal to the tuition calculated under division (B) of section	64825
3317.08 of the Revised Code for the period covered by the	64826
statement, except that in calculating the tuition under that	64827
section the operating expenses of the institution submitting the	64828
statement under this section shall be used instead of the	64829
operating expenses of the school district of residence;	64830

(b) Deduct from the amount of state funds, if any, payable	64831
under sections 3317.022 or 3306.13 and 3317.023 of the Revised	64832
Code to the child's school district of residence an amount equal	64833
to the amount paid under division (C)(2)(a) of this section.	64834

Sec. 3323.14. This section does not apply to any preschool	64835
child with a disability except if included in a unit approved	64836
under division (B) of section 3317.05 of the Revised Code.	64837

(A) Where a child who is a school resident of one school	64838
district receives special education from another district and the	64839
per capita cost to the educating district for that child exceeds	64840
the sum of the amount received by the educating district for that	64841
child under division (A) of section 3317.08 of the Revised Code	64842
and the amount received by the district from the state board of	64843
education for that child, then the board of education of the	64844
district of residence shall pay to the board of the school	64845
district that is providing the special education such excess cost	64846
as is determined by using a formula approved by the department of	64847
education and agreed upon in contracts entered into by the boards	64848
of the districts concerned at the time the district providing	64849
such special education accepts the child for enrollment. The	64850
department shall certify the amount of the payments under ~~Chapter~~	64851
Chapters 3306. and 3317. of the Revised Code for such pupils	64852
with disabilities for each school year ending on the thirtieth	64853
day of July.	64854

(B) In the case of a child described in division (A) of this	64855
section who has been placed in a home, as defined in section	64856
3313.64 of the Revised Code, pursuant to the order of a court and	64857
who is not subject to section 3323.141 of the Revised Code, the	64858
district providing the child with special education and related	64859
services may charge to the child's district of residence the	64860
excess cost determined by formula approved by the department,	64861
regardless of whether the district of residence has entered into a	64862
contract with the district providing the services. If the district	64863
providing the services chooses to charge excess costs, the	64864
district may report the amount calculated under this division to	64865
the department.	64866

(C) If a district providing special education for a child	64867
reports an amount for the excess cost of those services, as	64868
authorized and calculated under division (A) or (B) of this	64869
section, the department shall pay that amount of excess cost to	64870
the district providing the services and shall deduct that amount	64871
from the child's district of residence in accordance with division	64872
(N) of section 3317.023 of the Revised Code.	64873

Sec. 3323.142. This section does not apply to any preschool	64874
child with a disability except if included in a unit approved	64875
under division (B) of section 3317.05 of the Revised Code.	64876

As used in this section, "per pupil amount" for a preschool	64877
child with a disability included in such an approved unit means	64878
the amount determined by dividing the amount received for the	64879
classroom unit in which the child has been placed by the number of	64880
children in the unit. For any other child, "per pupil amount"	64881
means the amount paid for the child under section 3317.20 of the	64882
Revised Code.	64883

When a school district places or has placed a child with a	64884
county MR/DD board for special education, but another district is	64885
responsible for tuition under section 3313.64 or 3313.65 of the	64886
Revised Code and the child is not a resident of the territory	64887
served by the county MR/DD board, the board may charge the	64888
district responsible for tuition with the educational costs in	64889
excess of the per pupil amount received by the board under ~~Chapter~~	64890
Chapters 3306. and 3317. of the Revised Code. The amount of the	64891
excess cost shall be determined by the formula established by	64892
rule of the department of education under section 3323.14 of the	64893
Revised Code, and the payment for such excess cost shall be made	64894
by the school district directly to the county MR/DD board.	64895

A school district board of education and the county MR/DD	64896
board that serves the school district may negotiate and contract,	64897
at or after the time of placement, for payments by the board of	64898
education to the county MR/DD board for additional services	64899
provided to a child placed with the county MR/DD board and whose	64900
individualized education program established pursuant to section	64901
3323.08 of the Revised Code requires additional services that are	64902
not routinely provided children in the county MR/DD board's	64903
program but are necessary to maintain the child's enrollment and	64904
participation in the program. Additional services may include, but	64905
are not limited to, specialized supplies and equipment for the	64906
benefit of the child and instruction, training, or assistance	64907
provided by staff members other than staff members for which	64908
funding is received under Chapter 3306. or 3317. of the Revised	64909
Code.	64910

Sec. 3324.05. (A) Each school district shall submit an	64911
annual report to the department of education specifying the number	64912
of students in each of grades kindergarten through twelfth	64913
screened, the number assessed, and the number identified as gifted	64914
in each category specified in section 3324.03 of the Revised Code.	64915

(B) The department of education shall audit each school	64916
district's identification numbers at least once every three years	64917
and may select any district at random or upon complaint or	64918
suspicion of noncompliance for a further audit to determine	64919
compliance with sections 3324.03 to 3324.06 of the Revised Code.	64920

(C) The department shall provide technical assistance to any	64921
district found in noncompliance under division (B) of this	64922
section. The department may reduce funds received by the district	64923
under ~~Chapter~~Chapters 3306. and 3317. of the Revised Code by any	64924
amount if the district continues to be noncompliant.	64925

Sec. 3325.08. (A) A diploma shall be granted by the	64926
superintendent of the state school for the blind and the	64927
superintendent of the state school for the deaf to any student	64928
enrolled in one of these state schools to whom all of the	64929
following apply:	64930

(1) The student has successfully completed the individualized	64931
education program developed for the student for the student's high	64932
school education pursuant to section 3323.08 of the Revised Code;	64933

(2) Subject to section 3313.614 of the Revised Code, the	64934
student has met the assessment requirements of division (A)(2)(a)	64935
or (b) of this section, as applicable.	64936

(a) If the student entered the ninth grade prior to the date	64937
prescribed by rule of the state board of education under division	64938
(E)(2) of section 3301.0712 of the Revised Code, the student	64939
either:	64940

~~(a)~~(i) Has attained at least the applicable scores designated	64941
under division (B)(1) of section 3301.0710 of the Revised Code on	64942
all the ~~tests~~assessments prescribed by that division unless	64943
division (L) of section 3313.61 of the Revised Code applies to the	64944
student;	64945

~~(b)~~(ii) Has satisfied the alternative conditions prescribed	64946
in section 3313.615 of the Revised Code.	64947

(b) If the student entered the ninth grade on or after the	64948
date prescribed by rule of the state board under division (E)(2)	64949
of section 3301.0712 of the Revised Code, the student has	64950
attained on the entire assessment system prescribed under	64951
division (B)(2) of section 3301.0710 of the Revised Code at least	64952
the required passing composite score, designated under division	64953
(C)(1) of section 3301.0712 of the Revised Code, except to the	64954
extent that division (L) of section 3313.61 of the Revised Code	64955
applies to the student.	64956

(3) The student is not eligible to receive an honors diploma	64957
granted pursuant to division (B) of this section.	64958

No diploma shall be granted under this division to anyone	64959
except as provided under this division.	64960

(B) In lieu of a diploma granted under division (A) of this	64961
section, the superintendent of the state school for the blind and	64962
the superintendent of the state school for the deaf shall grant	64963
an honors diploma, in the same manner that the boards of	64964
education of school districts grant such diplomas under division	64965
(B) of section 3313.61 of the Revised Code, to any student	64966
enrolled in one of these state schools who accomplishes all of	64967
the following:	64968

(1) Successfully completes the individualized education	64969
program developed for the student for the student's high school	64970
education pursuant to section 3323.08 of the Revised Code;	64971

(2) Subject to section 3313.614 of the Revised Code, has met	64972
the assessment requirements of division (B)(2)(a) or (b) of this	64973
section, as applicable.	64974

(a) If the student entered the ninth grade prior to the date	64975
prescribed by rule of the state board under division (E)(2) of	64976
section 3301.0712 of the Revised Code, the student either:	64977

~~(a)~~(i) Has attained at least the applicable scores designated	64978
under division (B)(1) of section 3301.0710 of the Revised Code on	64979
all the ~~tests~~assessments prescribed under that division;	64980

~~(b)~~(ii) Has satisfied the alternative conditions prescribed	64981
in section 3313.615 of the Revised Code.	64982

(b) If the student entered the ninth grade on or after the	64983
date prescribed by rule of the state board under division (E)(2)	64984
of section 3301.0712 of the Revised Code, the student has	64985
attained on the entire assessment system prescribed under	64986
division (B)(2) of section 3301.0710 of the Revised Code at least	64987
the required passing composite score, designated under division	64988
(C)(1) of section 3301.0712 of the Revised Code.	64989

(3) Has met additional criteria for granting an honors	64990
diploma.	64991

These additional criteria shall be the same as those	64992
prescribed by the state board under division (B) of section	64993
3313.61 of the Revised Code for the granting of such diplomas by	64994
school districts. No honors diploma shall be granted to anyone	64995
failing to comply with this division and not more than one honors	64996
diploma shall be granted to any student under this division.	64997

(C) A diploma or honors diploma awarded under this section	64998
shall be signed by the superintendent of public instruction and	64999
the superintendent of the state school for the blind or the	65000
superintendent of the state school for the deaf, as applicable.	65001
Each diploma shall bear the date of its issue and be in such form	65002
as the school superintendent prescribes.	65003

(D) Upon granting a diploma to a student under this section,	65004
the superintendent of the state school in which the student is	65005
enrolled shall provide notice of receipt of the diploma to the	65006
board of education of the school district where the student is	65007
entitled to attend school under section 3313.64 or 3313.65 of the	65008
Revised Code when not residing at the state school for the blind	65009
or the state school for the deaf. The notice shall indicate the	65010
type of diploma granted.	65011

Sec. 3326.02. There is hereby established a STEM	65012
~~subcommittee of the partnership for continued learning~~committee	65013
consisting of the following members:	65014

(A) The superintendent of public instruction;

65015

(B) The chancellor of the Ohio board of regents;

65016

65017

(D) Four members of the public, two of whom shall be	65018
appointed by the governor, one of whom shall be appointed by the	65019
speaker of the house of representatives, and one of whom shall be	65020
appointed by the president of the senate. Members of the public	65021
shall be appointed based on their expertise in business or in	65022
STEM fields ~~and shall not be at-large members of the partnership~~	65023
~~for continued learning~~. The initial members of the ~~subcommittee~~	65024
committee shall be appointed under division (D) of this section	65025
not later than forty-five days after ~~the effective date of this~~	65026
~~section~~June 30, 2007.	65027

All members of the ~~subcommittee~~committee appointed under	65028
division (D) of this section shall serve at the pleasure of	65029
their appointing authority.	65030

Members of the ~~subcommittee~~committee shall receive no	65031
compensation for their services. The department of education	65032
shall provide administrative support for the committee.	65033

Sec. 3326.03. (A) The STEM ~~subcommittee~~committee shall	65034
authorize the establishment of and award grants to science,	65035
technology, engineering, and mathematics schools through a	65036
request for proposals.	65037

The STEM ~~subcommittee~~committee may approve up to five STEM	65038
schools to operate under this chapter in the school year that	65039
begins July 1, 2008. The limit prescribed in this paragraph does	65040
not affect the number of schools that may be approved for	65041
operation in subsequent school years.	65042

No STEM school established under this chapter may open for	65043
instruction earlier than July 1, 2008.	65044

The ~~subcommittee~~committee shall determine the criteria for	65045
the proposals, accept and evaluate the proposals, and choose	65046
which proposals to approve to become a STEM school and to receive	65047
grants. In approving proposals for STEM schools, the ~~subcommittee~~	65048
committee shall consider locating the schools in diverse	65049
geographic regions of the state so that all students have access	65050
to a STEM school.	65051

(B) Proposals may be submitted only by a partnership of	65052
public and private entities consisting of at least all of the	65053
following:	65054

(1) A city, exempted village, local, or joint vocational	65055
school district;	65056

(2) Higher education entities;

65057

(3) Business organizations.

65058

65059

(1) Assurances that the STEM school will be under the	65060
oversight of a governing body and a description of the members of	65061
that governing body and how they will be selected;	65062

(2) Assurances that the STEM school will operate in	65063
compliance with this chapter and the provisions of the proposal as	65064
accepted by the ~~subcommittee~~committee;	65065

(3) Evidence that the school will offer a rigorous, diverse,	65066
integrated, and project-based curriculum to students in any of	65067
grades six through twelve, with the goal to prepare those	65068
students for college, the workforce, and citizenship, and that	65069
does all of the following:	65070

(a) Emphasizes the role of science, technology, engineering,	65071
and mathematics in promoting innovation and economic progress;	65072

(b) Incorporates scientific inquiry and technological design;

65073

65074

(d) Emphasizes personalized learning and teamwork skills.

65075

(4) Evidence that the school will attract school leaders who	65076
support the curriculum principles of division (C)(3) of this	65077
section;	65078

(5) A description of how the school's curriculum will be	65079
developed and approved in accordance with section 3326.09 of the	65080
Revised Code;	65081

(6) Evidence that the school will utilize an established	65082
capacity to capture and share knowledge for best practices and	65083
innovative professional development;	65084

(7) Evidence that the school will operate in collaboration	65085
with a partnership that includes institutions of higher education	65086
and businesses;	65087

(8) Assurances that the school has received commitments of	65088
sustained and verifiable fiscal and in-kind support from regional	65089
education and business entities;	65090

(9) A description of how the school's assets will be	65091
distributed if the school closes for any reason.	65092

Sec. 3326.04. (A) The STEM ~~subcommittee~~committee shall award	65093
grants to support the operation of STEM programs of excellence to	65094
serve students in any of grades kindergarten through eight	65095
through a request for proposals.	65096

(B) Proposals may be submitted by any of the following:

65097

(1) The board of education of a city, exempted village, or	65098
local school district;	65099

(2) The governing authority of a community school established	65100
under Chapter 3314. of the Revised Code.	65101

(C) Each proposal shall demonstrate to the satisfaction of	65102
the STEM ~~subcommittee~~committee that the program meets at least	65103
the following standards:	65104

(1) The program will serve all students enrolled in the	65105
district or school in the grades for which the program is	65106
designed.	65107

(2) The program will offer a rigorous and diverse curriculum	65108
that is based on scientific inquiry and technological design, that	65109
emphasizes personalized learning and teamwork skills, and that	65110
will expose students to advanced scientific concepts within and	65111
outside the classroom.	65112

(3) The program will not limit participation of students on	65113
the basis of intellectual ability, measures of achievement, or	65114
aptitude.	65115

(4) The program will utilize an established capacity to	65116
capture and share knowledge for best practices and innovative	65117
professional development.	65118

(5) The program will operate in collaboration with a	65119
partnership that includes institutions of higher education and	65120
businesses.	65121

(6) The program will include teacher professional development	65122
strategies that are augmented by community and business partners.	65123

(D) The STEM ~~subcommittee~~committee shall give priority to	65124
proposals for new or expanding innovative programs.	65125

Sec. 3326.05. The ~~partnership for continued learning, through~~	65126
~~the~~ STEM ~~subcommittee,~~committee may make recommendations to the	65127
general assembly and the governor for the training of STEM	65128
educators.	65129

Sec. 3326.06. The ~~partnership for continued learning, through~~	65130
~~the~~ STEM ~~subcommittee,~~committee shall work with an Ohio-based	65131
nonprofit enterprise selected by the ~~subcommittee~~committee to	65132
support the strategic and operational coordination of public and	65133
private STEM education initiatives and resources focused on	65134
curriculum development, instruction, assessment, teacher quality	65135
enhancement, leadership recruitment and training, and community	65136
engagement. The nonprofit enterprise selected by the STEM	65137
~~subcommittee~~committee shall have the proven ability to	65138
accumulate resources to enhance education quality across the	65139
educational continuum, from preschool to college, shall have	65140
experience in large-scale management of science and technology	65141
resources, and shall have a documented institutional mission to	65142
advance STEM education.	65143

Sec. 3326.07. Each science, technology, engineering, and	65144
mathematics school established under this chapter is a public	65145
school, is part of the state's program of education, and may	65146
continue in operation for as long as the school is in compliance	65147
with the provisions of this chapter and with the proposal for its	65148
establishment as approved by the STEM ~~subcommittee~~committee. If	65149
the school closes for any reason, its assets shall be distributed	65150
in the manner provided in the proposal for its establishment as	65151
required by division (C)(9) of section 3326.03 of the Revised	65152
Code.	65153

Sec. 3326.08. (A) The governing body of each science,	65154
technology, engineering, and mathematics school shall employ and	65155
fix the compensation for the administrative officers, teachers,	65156
and nonteaching employees of the STEM school necessary for the	65157
school to carry out its mission and shall oversee the operations	65158
of the school. The governing body of each STEM school shall	65159
employ a chief administrative officer to serve as the school's	65160
instructional and administrative leader. The chief administrative	65161
officer shall be granted the authority to oversee the recruitment,	65162
retention, and employment of teachers and nonteaching employees.	65163

(B) The department of education shall monitor the oversight	65164
of each STEM school exercised by the school's governing body and	65165
shall monitor the school's compliance with this chapter and with	65166
the proposal for the establishment of the school as it was	65167
approved by the STEM ~~subcommittee of the partnership for~~	65168
~~continued learning~~committee under section 3326.04 of the Revised	65169
Code. If the department finds that the school is not in	65170
compliance with this chapter or with the proposal, the	65171
department shall consult with the STEM ~~subcommittee~~committee,	65172
and the ~~subcommittee~~committee may order the school to close on	65173
the last day of the school year in which the ~~subcommittee~~	65174
committee issues its order.	65175

(C) The governing body of each STEM school shall comply with	65176
sections 121.22 and 149.43 of the Revised Code.	65177

Sec. 3326.11. Each science, technology, engineering, and	65178
mathematics school established under this chapter and its	65179
governing body shall comply with sections 9.90, 9.91, 109.65,	65180
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	65181
~~3301.0712,~~ 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16,	65182
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,	65183
3313.50, 3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014,	65184
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	65185
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,	65186
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	65187
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.86,	65188
3313.96, 3319.073, 3319.21, 3319.32, 3319.321, 3319.35,	65189
3319.39, 3319.391, 3319.41, 3319.45, 3321.01, 3321.041,	65190
3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191,	65191
3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 102., 117.,	65192
1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123.,	65193
4141., and 4167. of the Revised Code as if it were a school	65194
district.	65195

Sec. 3326.14. Each science, technology, engineering, and	65196
mathematics school and its governing body shall administer the	65197
~~tests~~assessments required by sections 3301.0710 ~~and~~, 3301.0711,	65198
and 3301.0712 of the Revised Code, as if it were a school	65199
district, except that, notwithstanding any provision of those	65200
sections to the contrary, any student enrolled in a grade lower	65201
than the tenth grade in a STEM school may take one or more of	65202
the Ohio graduation tests prescribed under division (B)(1) of	65203
section 3301.0710 of the Revised Code on any of the dates	65204
prescribed ~~in division (C)(3) of that section~~for that	65205
assessment.	65206

Sec. 3326.20. (A) As used in this section, "native student"	65207
means a student entitled to attend school in the school district	65208
under section 3313.64 or 3313.65 of the Revised Code.	65209

(B) Unless the proposal for the establishment of a science,	65210
technology, engineering, and mathematics school, as it was	65211
approved by the STEM ~~subcommittee of the partnership for~~	65212
~~continued learning~~committee under section 3326.03 of the Revised	65213
Code, otherwise provides for the transportation of students to	65214
and from the STEM school, the board of education of each city,	65215
local, and exempted village school district shall provide	65216
transportation to and from school for its district's native	65217
students enrolled in the STEM school in the same manner that	65218
section 3327.01 of the Revised Code requires for its native	65219
students enrolled in nonpublic schools.	65220

Sec. 3326.23. The governing body of each science,	65221
technology, engineering, and mathematics school annually shall	65222
provide the following assurances in writing to the department of	65223
education not later than ten business days prior to the opening	65224
of the school:	65225

(A) That the school has a plan for providing special	65226
education and related services to students with disabilities and	65227
has demonstrated the capacity to provide those services in	65228
accordance with Chapter 3323. of the Revised Code and federal	65229
law;	65230

(B) That the school has a plan and procedures for	65231
administering the achievement ~~tests~~ and diagnostic assessments	65232
prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the	65233
Revised Code;	65234

(C) That school personnel have the necessary training,	65235
knowledge, and resources to properly use and submit information to	65236
all databases maintained by the department for the collection of	65237
education data, including the education management information	65238
system established under section 3301.0714 of the Revised Code;	65239

(D) That all required information about the school has been	65240
submitted to the Ohio education directory system or any successor	65241
system;	65242

(E) That all classroom teachers are licensed in accordance	65243
with sections 3319.22 to 3319.31 of the Revised Code or are	65244
engaged to teach pursuant to section 3319.301 of the Revised Code;	65245

(F) That the school's treasurer is in compliance with	65246
section 3326.21 of the Revised Code;	65247

(G) That the school has complied with sections 3319.39 and	65248
3319.391 of the Revised Code with respect to all employees and	65249
that the school has conducted a criminal records check of each	65250
of its governing body members;	65251

(H) That the school holds all of the following:

65252

(1) Proof of property ownership or a lease for the facilities	65253
used by the school;	65254

(2) A certificate of occupancy;

65255

(3) Liability insurance for the school, as required by	65256
section 3326.11 of the Revised Code;	65257

(4) A satisfactory health and safety inspection;

65258

(5) A satisfactory fire inspection;

65259

(6) A valid food permit, if applicable.

65260

(I) That the governing body has conducted a pre-opening site	65261
visit to the school for the school year for which the assurances	65262
are provided;	65263

(J) That the school has designated a date it will open for	65264
the school year for which the assurances are provided;	65265

(K) That the school has met all of the governing body's	65266
requirements for opening and any other requirements of the	65267
governing body.	65268

Sec. 3326.33. ~~For~~Payments and deductions under this	65269
section for fiscal years 2010 and 2011 shall be made in accordance	65270
with section 3326.39 of the Revised Code.	65271

For each student enrolled in a science, technology,	65272
engineering, and mathematics school established under this	65273
chapter, the department of education annually shall deduct from	65274
the state education aid of a student's resident school district	65275
and, if necessary, from the payment made to the district under	65276
sections 321.24 and 323.156 of the Revised Code and pay to the	65277
school the sum of the following:	65278

(A) The sum of the formula amount plus the per pupil amount	65279
of the base funding supplements specified in divisions (C)(1) to	65280
(4) of section 3317.012 of the Revised Code.	65281

(B) If the student is receiving special education and related	65282
services pursuant to an IEP, the product of the applicable special	65283
education weight times the formula amount;	65284

(C) If the student is enrolled in vocational education	65285
programs or classes that are described in section 3317.014 of the	65286
Revised Code, are provided by the school, and are comparable as	65287
determined by the superintendent of public instruction to school	65288
district vocational education programs and classes eligible for	65289
state weighted funding under section 3317.014 of the Revised Code,	65290
the product of the applicable vocational education weight times	65291
the formula amount times the percentage of time the student spends	65292
in the vocational education programs or classes;	65293

(D) If the student is included in the poverty student count	65294
of the student's resident district, the per pupil amount of the	65295
district's payment under division (C) of section 3317.029 of the	65296
Revised Code;	65297

(E) If the student is identified as limited English	65298
proficient and the student's resident district receives a payment	65299
for services to limited English proficient students under division	65300
(F) of section 3317.029 of the Revised Code, the per pupil amount	65301
of the district's payment under that division, calculated in the	65302
same manner as per pupil payments are calculated under division	65303
(C)(6) of section 3314.08 of the Revised Code;	65304

(F) If the student's resident district receives a payment	65305
under division (G), (H), or (I) of section 3317.029 of the Revised	65306
Code, the per pupil amount of the district's payments under each	65307
division, calculated in the same manner as per pupil payments are	65308
calculated under divisions (C)(7) and (8) of section 3314.08 of	65309
the Revised Code;	65310

(G) If the student's resident district receives a parity aid	65311
payment under section 3317.0217 of the Revised Code, the per pupil	65312
amount calculated for the district under division (C) or (D) of	65313
that section.	65314

Sec. 3326.36. The department of education shall reduce the	65315
amounts paid to a science, technology, engineering, and	65316
mathematics school under section 3326.33 of the Revised Code to	65317
reflect payments made to colleges under division (B) of section	65318
3365.07 of the Revised Code or through alternative funding	65319
agreements entered into under rules adopted under section 3365.12	65320
of the Revised Code. A student shall be considered enrolled in	65321
the school for any portion of the school year the student is	65322
attending a college under Chapter 3365. of the Revised Code.	65323

Sec. 3326.37. The department of education shall not pay to	65324
a science, technology, engineering, and mathematics school any	65325
amount for any of the following:	65326

(A) Any student who has graduated from the twelfth grade of a	65327
public or nonpublic school;	65328

(B) Any student who is not a resident of the state;

65329

(C) Any student who was enrolled in a STEM school during the	65330
previous school year when ~~tests~~assessments were administered	65331
under section 3301.0711 of the Revised Code but did not take one	65332
or more of the ~~tests~~assessments required by that section and was	65333
not excused pursuant to division (C)(1) or (3) of that section,	65334
unless the superintendent of public instruction grants the	65335
student a waiver from the requirement to take the ~~test~~	65336
assessment. The superintendent may grant a waiver only for good	65337
cause in accordance with rules adopted by the state board of	65338
education.	65339

(D) Any student who has attained the age of twenty-two years,	65340
except for veterans of the armed services whose attendance was	65341
interrupted before completing the recognized twelve-year course of	65342
the public schools by reason of induction or enlistment in the	65343
armed forces and who apply for enrollment in a STEM school not	65344
later than four years after termination of war or their honorable	65345
discharge. If, however, any such veteran elects to enroll in	65346
special courses organized for veterans for whom tuition is paid	65347
under federal law, or otherwise, the department shall not pay to	65348
the school any amount for that veteran.	65349

Sec. 3326.39. For purposes of applying sections 3326.31 to	65350
3326.37 of the Revised Code to fiscal years 2010 and 2011:	65351

(A) The formula amount for STEM schools for fiscal year 2010	65352
is $5,718, and for fiscal year 2011 is $5,703. These respective	65353
amounts shall be applied wherein sections 3326.31 to 3326.37 of	65354
the Revised Code the formula amount is specified, except for	65355
deducting and paying amounts for special education weighted	65356
funding and vocational education weighted funding.	65357

(B) The base funding supplements under section 3317.012 of	65358
the Revised Code shall be deemed in each year to be the amounts	65359
specified in that section for fiscal year 2009.	65360

(C) Special education additional weighted funding shall be	65361
calculated by multiplying the applicable weight specified in	65362
section 3317.013 of the Revised Code for fiscal year 2009 times	65363
$5,732.	65364

(D) Vocational education additional weighted funding shall be	65365
calculated by multiplying the applicable weight specified in	65366
section 3317.014 of the Revised Code for fiscal year 2009 times	65367
$5,732.	65368

(E) The per pupil amounts paid to a school district under	65369
sections 3317.029 and 3317.0217 of the Revised Code shall be	65370
deemed to be the respective per pupil amounts paid under those	65371
sections to that district for fiscal year 2009.	65372

Sec. 3326.51. (A) As used in this section:

65373

(1) "Resident district" has the same meaning as in section	65374
3326.31 of the Revised Code.	65375

(2) "STEM school sponsoring district" means a municipal,	65376
city, local, exempted village, or joint vocational school district	65377
that governs and controls a STEM school pursuant to this section.	65378

(B) Notwithstanding any other provision of this chapter to	65379
the contrary:	65380

(1) If a proposal for a STEM school submitted under section	65381
3326.03 of the Revised Code proposes that the governing body of	65382
the school be the board of education of a municipal, city, local,	65383
exempted village, or joint vocational school district that is one	65384
of the partners submitting the proposal, and the ~~partnership for~~	65385
~~continued learning~~STEM committee approves that proposal, that	65386
school district board shall govern and control the STEM school as	65387
one of the schools of its district.	65388

(2) The STEM school sponsoring district shall maintain a	65389
separate accounting for the STEM school as a separate and distinct	65390
operational unit within the district's finances. The auditor of	65391
state, in the course of an annual or biennial audit of the school	65392
district serving as the STEM school sponsoring district, shall	65393
audit that school district for compliance with the financing	65394
requirements of this section.	65395

(3) With respect to students enrolled in a STEM school whose	65396
resident district is the STEM school sponsoring district:	65397

(a) The department of education shall make no deductions	65398
under section 3326.33 of the Revised Code from the STEM school	65399
sponsoring district's state payments.	65400

(b) The STEM school sponsoring district shall ensure that it	65401
allocates to the STEM school funds equal to or exceeding the	65402
amount that would be calculated pursuant to division (B) of	65403
section 3313.981 of the Revised Code for the students attending	65404
the school whose resident district is the STEM school sponsoring	65405
district.	65406

(c) The STEM school sponsoring district is responsible for	65407
providing children with disabilities with a free appropriate	65408
public education under Chapter 3323. of the Revised Code.	65409

(d) The STEM school sponsoring district shall provide student	65410
transportation in accordance with laws and policies generally	65411
applicable to the district.	65412

(4) With respect to students enrolled in the STEM school	65413
whose resident district is another school district, the department	65414
shall make no payments or deductions under sections 3326.31 to	65415
3326.49 of the Revised Code. Instead, the students shall be	65416
considered as open enrollment students and the department shall	65417
make payments and deductions in accordance with section 3313.981	65418
of the Revised Code. The STEM school sponsoring district shall	65419
allocate the payments to the STEM school. The STEM school	65420
sponsoring district may enter into financial agreements with the	65421
students' resident districts, which agreements may provide	65422
financial support in addition to the funds received from the open	65423
enrollment calculation. The STEM school sponsoring district shall	65424
allocate all such additional funds to the STEM school.	65425

(5) Where the department is required to make, deny, reduce,	65426
or adjust payments to a STEM school sponsoring district pursuant	65427
to this section, it shall do so in such a manner that the STEM	65428
school sponsoring district may allocate that action to the STEM	65429
school.	65430

(6) A STEM school sponsoring district and its board may	65431
assign its district employees to the STEM school, in which case	65432
section 3326.18 of the Revised Code shall not apply. The district	65433
and board may apply any other resources of the district to the	65434
STEM school in the same manner that it applies district resources	65435
to other district schools.	65436

(7) Provisions of this chapter requiring a STEM school and	65437
its governing body to comply with specified laws as if it were a	65438
school district and in the same manner as a board of education	65439
shall instead require such compliance by the STEM school	65440
sponsoring district and its board of education, respectively, with	65441
respect to the STEM school. Where a STEM school or its governing	65442
body is required to perform a specific duty or permitted to take a	65443
specific action under this chapter, that duty is required to be	65444
performed or that action is permitted to be taken by the STEM	65445
school sponsoring district or its board of education,	65446
respectively, with respect to the STEM school.	65447

(8) No provision of this chapter limits the authority, as	65448
provided otherwise by law, of a school district and its board of	65449
education to levy taxes and issue bonds secured by tax revenues.	65450

(9) The treasurer of the STEM school sponsoring district or,	65451
if the STEM school sponsoring district is a municipal school	65452
district, the chief financial officer of the district, shall have	65453
all of the respective rights, authority, exemptions, and duties	65454
otherwise conferred upon the treasurer or chief financial officer	65455
by the Revised Code.	65456

Sec. 3327.02. (A) After considering each of the following	65457
factors, the board of education of a city, exempted village, or	65458
local school district may determine that it is impractical to	65459
transport a pupil who is eligible for transportation to and from a	65460
school under section 3327.01 of the Revised Code:	65461

(1) The time and distance required to provide the	65462
transportation;	65463

(2) The number of pupils to be transported;

65464

(3) The cost of providing transportation in terms of	65465
equipment, maintenance, personnel, and administration;	65466

(4) Whether similar or equivalent service is provided to	65467
other pupils eligible for transportation;	65468

(5) Whether and to what extent the additional service	65469
unavoidably disrupts current transportation schedules;	65470

(6) Whether other reimbursable types of transportation are	65471
available.	65472

(B)(1) Based on its consideration of the factors established	65473
in division (A) of this section, the board may pass a resolution	65474
declaring the impracticality of transportation. The resolution	65475
shall include each pupil's name and the reason for impracticality.	65476

(2) The board shall report its determination to the state	65477
board of education in a manner determined by the state board.	65478

(3) The board of education of a local school district	65479
additionally shall submit the resolution for concurrence to the	65480
educational service center that contains the local district's	65481
territory. If the educational service center governing board	65482
considers transportation by school conveyance practicable, it	65483
shall so inform the local board and transportation shall be	65484
provided by such local board. If the educational service center	65485
board agrees with the view of the local board, the local board may	65486
offer payment in lieu of transportation as provided in this	65487
section.	65488

(C) After passing the resolution declaring the impracticality	65489
of transportation, the district board shall offer to provide	65490
payment in lieu of transportation by doing the following:	65491

(1) In accordance with guidelines established by the	65492
department of education, informing the pupil's parent, guardian,	65493
or other person in charge of the pupil of both of the following:	65494

(a) The board's resolution;

65495

(b) The right of the pupil's parent, guardian, or other	65496
person in charge of the pupil to accept the offer of payment in	65497
lieu of transportation or to reject the offer and instead request	65498
the department to initiate mediation procedures.	65499

(2) Issuing the pupil's parent, guardian, or other person in	65500
charge of the pupil a contract or other form on which the parent,	65501
guardian, or other person in charge of the pupil is given the	65502
option to accept or reject the board's offer of payment in lieu of	65503
transportation.	65504

(D) If the parent, guardian, or other person in charge of the	65505
pupil accepts the offer of payment in lieu of providing	65506
transportation, the board shall pay the parent, guardian, or other	65507
person in charge of the child an amount that shall be not less	65508
than the amount determined by the department of education as the	65509
minimum for payment in lieu of transportation, and not more than	65510
the amount determined by the department as the average cost of	65511
pupil transportation for the previous school year. Payment may be	65512
prorated if the time period involved is only a part of the school	65513
year.	65514

(E)(1)(a) Upon the request of a parent, guardian, or other	65515
person in charge of the pupil who rejected the payment in lieu of	65516
transportation, the department shall conduct mediation procedures.	65517

(b) If the mediation does not resolve the dispute, the state	65518
board of education shall conduct a hearing in accordance with	65519
Chapter 119. of the Revised Code. The state board may approve the	65520
payment in lieu of transportation or may order the board of	65521
education to provide transportation. The decision of the state	65522
board is binding in subsequent years and on future parties in	65523
interest provided the facts of the determination remain	65524
comparable.	65525

(2) The school district shall provide transportation for the	65526
pupil from the time the parent, guardian, or other person in	65527
charge of the pupil requests mediation until the matter is	65528
resolved under division (E)(1)(a) or (b) of this section.	65529

(F)(1) If the department determines that a school district	65530
board has failed or is failing to provide transportation as	65531
required by division (E)(2) of this section or as ordered by the	65532
state board under division (E)(1)(b) of this section, the	65533
department shall order the school district board to pay to the	65534
pupil's parent, guardian, or other person in charge of the pupil,	65535
an amount equal to the state average daily cost of transportation	65536
as determined by the state board of education for the previous	65537
year. The school district board shall make payments on a schedule	65538
ordered by the department.	65539

(2) If the department subsequently finds that a school	65540
district board is not in compliance with an order issued under	65541
division (F)(1) of this section and the affected pupils are	65542
enrolled in a nonpublic or community school, the department shall	65543
deduct the amount that the board is required to pay under that	65544
order from any payments the department makes to the school	65545
district board under ~~division (D) of~~ section ~~3317.022~~3306.12 of	65546
the Revised Code. The department shall use the moneys so deducted	65547
to make payments to the nonpublic or community school attended by	65548
the pupil. The department shall continue to make the deductions	65549
and payments required under this division until the school	65550
district board either complies with the department's order issued	65551
under division (F)(1) of this section or begins providing	65552
transportation.	65553

(G) A nonpublic or community school that receives payments	65554
from the department under division (F)(2) of this section shall do	65555
either of the following:	65556

(1) Disburse the entire amount of the payments to the parent,	65557
guardian, or other person in control of the pupil affected by the	65558
failure of the school district of residence to provide	65559
transportation;	65560

(2) Use the entire amount of the payments to provide	65561
acceptable transportation for the affected pupil.	65562

Sec. 3327.04. (A) The board of education of any city,	65563
exempted village, or local school district may contract with the	65564
board of another district for the admission or transportation, or	65565
both, of pupils into any school in such other district, on terms	65566
agreed upon by such boards.	65567

(B) The boards of two school districts may enter into a	65568
contract under this section to share the provision of	65569
transportation to a child who resides in one school district and	65570
attends school in the other district. Under such an agreement,	65571
one district may claim the total transportation subsidy available	65572
for such child under ~~division (D) of~~ section ~~3317.022~~3306.12 of	65573
the Revised Code and may agree to pay any portion of such subsidy	65574
to the other district sharing the provision of transportation to	65575
that child. The contract shall delineate the transportation	65576
responsibilities of each district.	65577

A school district that enters into a contract under this	65578
section is not liable for any injury, death, or loss to the person	65579
or property of a student that may occur while the student is being	65580
furnished transportation by the other school district that is a	65581
party to the contract.	65582

(C) Whenever a board not maintaining a high school enters	65583
into an agreement with one or more boards maintaining such school	65584
for the schooling of all its high school pupils, the board making	65585
such agreement is exempt from the payment of tuition at other high	65586
schools of pupils living within three miles of the school	65587
designated in the agreement. In case no such agreement is entered	65588
into, the high school to be attended can be selected by the pupil	65589
holding an eighth grade diploma, and the tuition shall be paid by	65590
the board of the district of school residence.	65591

Sec. 3327.05. (A) Except as provided in division (B) of this	65592
section, no board of education of any school district shall	65593
provide transportation for any pupil who is a school resident of	65594
another school district unless the pupil is enrolled pursuant to	65595
section 3313.98 of the Revised Code or the board of the other	65596
district has given its written consent thereto. If the board of	65597
any school district files with the state board of education a	65598
written complaint that transportation for resident pupils is being	65599
provided by the board of another school district contrary to this	65600
division, the state board of education shall make an investigation	65601
of such complaint. If the state board of education finds that	65602
transportation is being provided contrary to this section, it may	65603
withdraw from state funds due the offending district any part of	65604
the amount that has been approved for transportation pursuant to	65605
~~division (D) of~~ section ~~3317.022~~3306.12 of the Revised Code.	65606

(B) Notwithstanding division (D) of section 3311.19 and	65607
division (D) of section 3311.52 of the Revised Code, this division	65608
does not apply to any joint vocational or cooperative education	65609
school district.	65610

A board of education may provide transportation to and from	65611
the nonpublic school of attendance if both of the following apply:	65612

(1) The parent, guardian, or other person in charge of the	65613
pupil agrees to pay the board for all costs incurred in providing	65614
the transportation that are not reimbursed pursuant to Chapter	65615
3306. or 3317. of the Revised Code;	65616

(2) The pupil's school district of residence does not provide	65617
transportation for public school pupils of the same grade as the	65618
pupil being transported under this division, or that district is	65619
not required under section 3327.01 of the Revised Code to	65620
transport the pupil to and from the nonpublic school because the	65621
direct travel time to the nonpublic school is more than thirty	65622
minutes.	65623

Upon receipt of the request to provide transportation, the	65624
board shall review the request and determine whether the board	65625
will accommodate the request. If the board agrees to transport the	65626
pupil, the board may transport the pupil to and from the nonpublic	65627
school and a collection point in the district, as determined by	65628
the board. If the board transports the pupil, the board may	65629
include the pupil in the district's transportation ADM reported to	65630
the department of education under section 3317.03 of the Revised	65631
Code and, accordingly, may receive a state payment under ~~division~~	65632
~~(D) of~~ section ~~3317.022~~3306.12 of the Revised Code for	65633
transporting the pupil.	65634

If the board declines to transport the pupil, the board, in a	65635
written communication to the parent, guardian, or other person in	65636
charge of the pupil, shall state the reasons for declining the	65637
request.	65638

Sec. 3327.10. (A) No person shall be employed as driver of a	65639
school bus or motor van, owned and operated by any school district	65640
or educational service center or privately owned and operated	65641
under contract with any school district or service center in this	65642
state, who has not received a certificate from the educational	65643
service center governing board in case such person is employed by	65644
a service center or by a local school district under the	65645
supervision of the service center governing board, or by the	65646
superintendent of schools, in case such person is employed by the	65647
board of a city or exempted village school district, certifying	65648
that such person is at least eighteen years of age and is of good	65649
moral character and is qualified physically and otherwise for such	65650
position. The service center governing board or the	65651
superintendent, as the case may be, shall provide for an annual	65652
physical examination that conforms with rules adopted by the state	65653
board of education of each driver to ascertain the driver's	65654
physical fitness for such employment. Any certificate may be	65655
revoked by the authority granting the same on proof that the	65656
holder has been guilty of failing to comply with division (D)(1)	65657
of this section, or upon a conviction or a guilty plea for a	65658
violation, or any other action, that results in a loss or	65659
suspension of driving rights. Failure to comply with such division	65660
may be cause for disciplinary action or termination of employment	65661
under division (C) of section 3319.081, or section 124.34 of the	65662
Revised Code.	65663

(B) No person shall be employed as driver of a school bus or	65664
motor van not subject to the rules of the department of education	65665
pursuant to division (A) of this section who has not received a	65666
certificate from the school administrator or contractor certifying	65667
that such person is at least eighteen years of age, is of good	65668
moral character, and is qualified physically and otherwise for	65669
such position. Each driver shall have an annual physical	65670
examination which conforms to the state highway patrol rules,	65671
ascertaining the driver's physical fitness for such employment.	65672
The examination shall be performed by one of the following:	65673

(1) A person licensed under Chapter 4731. of the Revised Code	65674
or by another state to practice medicine and surgery or	65675
osteopathic medicine and surgery;	65676

(2) A physician assistant;

65677

(3) A certified nurse practitioner;

65678

(4) A clinical nurse specialist;

65679

(5) A certified nurse-midwife.

65680

Any written documentation of the physical examination shall	65681
be completed by the individual who performed the examination.	65682

Any certificate may be revoked by the authority granting the	65683
same on proof that the holder has been guilty of failing to comply	65684
with division (D)(2) of this section.	65685

(C) Any person who drives a school bus or motor van must give	65686
satisfactory and sufficient bond except a driver who is an	65687
employee of a school district and who drives a bus or motor van	65688
owned by the school district.	65689

(D) No person employed as driver of a school bus or motor van	65690
under this section who is convicted of a traffic violation or who	65691
has had the person's commercial driver's license suspended shall	65692
drive a school bus or motor van until the person has filed a	65693
written notice of the conviction or suspension, as follows:	65694

(1) If the person is employed under division (A) of this	65695
section, the person shall file the notice with the superintendent,	65696
or a person designated by the superintendent, of the school	65697
district for which the person drives a school bus or motor van as	65698
an employee or drives a privately owned and operated school bus or	65699
motor van under contract.	65700

(2) If employed under division (B) of this section, the	65701
person shall file the notice with the employing school	65702
administrator or contractor, or a person designated by the	65703
administrator or contractor.	65704

(E) In addition to resulting in possible revocation of a	65705
certificate as authorized by divisions (A) and (B) of this	65706
section, violation of division (D) of this section is a minor	65707
misdemeanor.	65708

(F)(1) Not later than thirty days after June 30, 2007, each	65709
owner of a school bus or motor van shall obtain the complete	65710
driving record for each person who is currently employed or	65711
otherwise authorized to drive the school bus or motor van. An	65712
owner of a school bus or motor van shall not permit a person to	65713
operate the school bus or motor van for the first time before the	65714
owner has obtained the person's complete driving record.	65715
Thereafter, the owner of a school bus or motor van shall obtain	65716
the person's driving record not less frequently than semiannually	65717
if the person remains employed or otherwise authorized to drive	65718
the school bus or motor van. An owner of a school bus or motor	65719
van shall not permit a person to resume operating a school bus or	65720
motor van, after an interruption of one year or longer, before the	65721
owner has obtained the person's complete driving record.	65722

(2) The owner of a school bus or motor van shall not permit a	65723
person to operate the school bus or motor van for six years after	65724
the date on which the person pleads guilty to or is convicted of	65725
a violation of section 4511.19 of the Revised Code or a	65726
substantially equivalent municipal ordinance.	65727

(3) An owner of a school bus or motor van shall not permit	65728
any person to operate such a vehicle unless the person meets all	65729
other requirements contained in rules adopted by the state board	65730
of education prescribing qualifications of drivers of school	65731
buses and other student transportation.	65732

(G) No superintendent of a school district, educational	65733
service center, community school, or public or private employer	65734
shall permit the operation of a vehicle used for pupil	65735
transportation within this state by an individual unless both of	65736
the following apply:	65737

(1) Information pertaining to that driver has been submitted	65738
to the department of education, pursuant to procedures adopted by	65739
that department. Information to be reported shall include the name	65740
of the employer or school district, name of the driver, driver	65741
license number, date of birth, date of hire, status of physical	65742
evaluation, and status of training.	65743

(2) The most recent criminal records check required by	65744
division (J) of this section~~, including information from the~~	65745
~~federal bureau of investigation,~~ has been completed and received	65746
by the superintendent or public or private employer.	65747

(H) A person, school district, educational service center,	65748
community school, nonpublic school, or other public or nonpublic	65749
entity that owns a school bus or motor van, or that contracts with	65750
another entity to operate a school bus or motor van, may impose	65751
more stringent restrictions on drivers than those prescribed in	65752
this section, in any other section of the Revised Code, and in	65753
rules adopted by the state board.	65754

(I) For qualified drivers who, on July 1, 2007, are employed	65755
by the owner of a school bus or motor van to drive the school	65756
bus or motor van, any instance in which the driver was convicted	65757
of or pleaded guilty to a violation of section 4511.19 of the	65758
Revised Code or a substantially equivalent municipal ordinance	65759
prior to two years prior to July 1, 2007, shall not be	65760
considered a disqualifying event with respect to division (F) of	65761
this section.	65762

(J)(1) This division applies to persons hired by a school	65763
district, educational service center, community school, chartered	65764
nonpublic school, or science, technology, engineering, and	65765
mathematics school established under Chapter 3326. of the Revised	65766
Code to operate a vehicle used for pupil transportation.	65767

For each person to whom this division applies who is hired on	65768
or after November 14, 2007, the employer shall request a	65769
criminal records check in accordance with section 3319.39 of the	65770
Revised Code and every six years thereafter. For each person to	65771
whom this division applies who is hired prior to that date, the	65772
employer shall request a criminal records check by a date	65773
prescribed by the department of education and every six years	65774
thereafter.	65775

(2) This division applies to persons hired by a public or	65776
private employer not described in division (J)(1) of this section	65777
to operate a vehicle used for pupil transportation.	65778

For each person to whom this division applies who is hired on	65779
or after November 14, 2007, the employer shall request a	65780
criminal records check prior to the person's hiring and every	65781
six years thereafter. For each person to whom this division	65782
applies who is hired prior to that date, the employer shall	65783
request a criminal records check by a date prescribed by the	65784
department and every six years thereafter.	65785

(3) Each request for a criminal records check under division	65786
(J) of this section shall be made to the superintendent of the	65787
bureau of criminal identification and investigation in the manner	65788
prescribed in section 3319.39 of the Revised Code, except that if	65789
both of the following conditions apply to the person subject to	65790
the records check, the employer shall request the superintendent	65791
only to obtain any criminal records that the federal bureau of	65792
investigation has on the person:	65793

(a) The employer previously requested the superintendent to	65794
determine whether the bureau of criminal identification and	65795
investigation has any information, gathered pursuant to division	65796
(A) of section 109.57 of the Revised Code, on the person in	65797
conjunction with a criminal records check requested under section	65798
3319.39 of the Revised Code or under division (J) of this section.	65799

(b) The person presents proof that the person has been a	65800
resident of this state for the five-year period immediately prior	65801
to the date upon which the person becomes subject to a criminal	65802
records check under this section. ~~Upon~~	65803

Upon receipt of a request, the ~~bureau~~superintendent shall	65804
conduct the criminal records check in accordance with section	65805
109.572 of the Revised Code as if the request had been made under	65806
section 3319.39 of the Revised Code. However, as specified in	65807
division (B)(2) of section 109.572 of the Revised Code, if the	65808
employer requests the superintendent only to obtain any criminal	65809
records that the federal bureau of investigation has on the person	65810
for whom the request is made, the superintendent shall not conduct	65811
the review prescribed by division (B)(1) of that section.	65812

(K) Any person who is the subject of a criminal records check	65813
under division (J) of this section and has been convicted of or	65814
pleaded guilty to any offense described in division (C) of	65815
section 3319.31 of the Revised Code shall not be hired or shall	65816
be released from employment.	65817

Sec. 3329.16. If the superintendent of public instruction	65818
determines that a school district has expended for other purposes	65819
any moneys appropriated by the general assembly for the specific	65820
purpose of purchasing textbooks or other instructional materials,	65821
the superintendent shall notify the school district of this	65822
determination within seven days and shall deduct the amount so	65823
expended from payments otherwise due to the district under Chapter	65824
3306. or 3317. of the Revised Code.	65825

Sec. 3333.04. The chancellor of the Ohio board of regents	65826
shall:	65827

(A) Make studies of state policy in the field of higher	65828
education and formulate a master plan for higher education for the	65829
state, considering the needs of the people, the needs of the	65830
state, and the role of individual public and private institutions	65831
within the state in fulfilling these needs;	65832

(B)(1) Report annually to the governor and the general	65833
assembly on the findings from the chancellor's studies and the	65834
master plan for higher education for the state;	65835

(2) Report at least semiannually to the general assembly and	65836
the governor the enrollment numbers at each state-assisted	65837
institution of higher education.	65838

(C) Approve or disapprove the establishment of new branches	65839
or academic centers of state colleges and universities;	65840

(D) Approve or disapprove the establishment of state	65841
technical colleges or any other state institution of higher	65842
education;	65843

(E) Recommend the nature of the programs, undergraduate,	65844
graduate, professional, state-financed research, and public	65845
services which should be offered by the state colleges,	65846
universities, and other state-assisted institutions of higher	65847
education in order to utilize to the best advantage their	65848
facilities and personnel;	65849

(F) Recommend to the state colleges, universities, and other	65850
state-assisted institutions of higher education graduate or	65851
professional programs, including, but not limited to, doctor of	65852
philosophy, doctor of education, and juris doctor programs, that	65853
could be eliminated because they constitute unnecessary	65854
duplication, as shall be determined using the process developed	65855
pursuant to this division, or for other good and sufficient cause.	65856
Prior to recommending a program for elimination, the chancellor	65857
shall request the board of regents to hold at least one public	65858
hearing on the matter and advise the chancellor on whether the	65859
program should be recommended for elimination. The board shall	65860
provide notice of each hearing within a reasonable amount of time	65861
prior to its scheduled date. Following the hearing, the board	65862
shall issue a recommendation to the chancellor. The chancellor	65863
shall consider the board's recommendation but shall not be	65864
required to accept it.	65865

For purposes of determining the amounts of any state	65866
instructional subsidies paid to state colleges, universities, and	65867
other state-assisted institutions of higher education, the	65868
chancellor may exclude students enrolled in any program that the	65869
chancellor has recommended for elimination pursuant to this	65870
division except that the chancellor shall not exclude any such	65871
student who enrolled in the program prior to the date on which the	65872
chancellor initially commences to exclude students under this	65873
division.	65874

The chancellor and state colleges, universities, and other	65875
state-assisted institutions of higher education shall jointly	65876
develop a process for determining which existing graduate or	65877
professional programs constitute unnecessary duplication.	65878

(G) Recommend to the state colleges, universities, and other	65879
state-assisted institutions of higher education programs which	65880
should be added to their present programs;	65881

(H) Conduct studies for the state colleges, universities, and	65882
other state-assisted institutions of higher education to assist	65883
them in making the best and most efficient use of their existing	65884
facilities and personnel;	65885

(I) Make recommendations to the governor and general assembly	65886
concerning the development of state-financed capital plans for	65887
higher education; the establishment of new state colleges,	65888
universities, and other state-assisted institutions of higher	65889
education; and the establishment of new programs at the existing	65890
state colleges, universities, and other institutions of higher	65891
education;	65892

(J) Review the appropriation requests of the public community	65893
colleges and the state colleges and universities and submit to the	65894
office of budget and management and to the chairpersons of the	65895
finance committees of the house of representatives and of the	65896
senate the chancellor's recommendations in regard to the biennial	65897
higher education appropriation for the state, including	65898
appropriations for the individual state colleges and universities	65899
and public community colleges. For the purpose of determining the	65900
amounts of instructional subsidies to be paid to state-assisted	65901
colleges and universities, the chancellor shall define "full-time	65902
equivalent student" by program per academic year. The definition	65903
may take into account the establishment of minimum enrollment	65904
levels in technical education programs below which support	65905
allowances will not be paid. Except as otherwise provided in this	65906
section, the chancellor shall make no change in the definition of	65907
"full-time equivalent student" in effect on November 15, 1981,	65908
which would increase or decrease the number of subsidy-eligible	65909
full-time equivalent students, without first submitting a fiscal	65910
impact statement to the president of the senate, the speaker of	65911
the house of representatives, the legislative service commission,	65912
and the director of budget and management. The chancellor shall	65913
work in close cooperation with the director of budget and	65914
management in this respect and in all other matters concerning the	65915
expenditures of appropriated funds by state colleges,	65916
universities, and other institutions of higher education.	65917

(K) Seek the cooperation and advice of the officers and	65918
trustees of both public and private colleges, universities, and	65919
other institutions of higher education in the state in performing	65920
the chancellor's duties and making the chancellor's plans,	65921
studies, and recommendations;	65922

(L) Appoint advisory committees consisting of persons	65923
associated with public or private secondary schools, members of	65924
the state board of education, or personnel of the state department	65925
of education;	65926

(M) Appoint advisory committees consisting of college and	65927
university personnel, or other persons knowledgeable in the field	65928
of higher education, or both, in order to obtain their advice and	65929
assistance in defining and suggesting solutions for the problems	65930
and needs of higher education in this state;	65931

(N) Approve or disapprove all new degrees and new degree	65932
programs at all state colleges, universities, and other	65933
state-assisted institutions of higher education;	65934

(O) Adopt such rules as are necessary to carry out the	65935
chancellor's duties and responsibilities. The rules shall	65936
prescribe procedures for the chancellor to follow when taking	65937
actions associated with the chancellor's duties and	65938
responsibilities and shall indicate which types of actions are	65939
subject to those procedures. The procedures adopted under this	65940
division shall be in addition to any other procedures prescribed	65941
by law for such actions. However, if any other provision of the	65942
Revised Code or rule adopted by the chancellor prescribes	65943
different procedures for such an action, the procedures adopted	65944
under this division shall not apply to that action to the extent	65945
they conflict with the procedures otherwise prescribed by law. The	65946
procedures adopted under this division shall include at least the	65947
following:	65948

(1) Provision for public notice of the proposed action;

65949

(2) An opportunity for public comment on the proposed action,	65950
which may include a public hearing on the action by the board of	65951
regents;	65952

(3) Methods for parties that may be affected by the proposed	65953
action to submit comments during the public comment period;	65954

(4) Submission of recommendations from the board of regents	65955
regarding the proposed action, at the request of the chancellor;	65956

(5) Written publication of the final action taken by the	65957
chancellor and the chancellor's rationale for the action;	65958

(6) A timeline for the process described in divisions (O)(1)	65959
to (5) of this section.	65960

(P) Establish and submit to the governor and the general	65961
assembly a clear and measurable set of goals and timetables for	65962
their achievement for each program under the chancellor's	65963
supervision that is designed to accomplish any of the following:	65964

(1) Increased access to higher education;

65965

(2) Job training;

65966

(3) Adult literacy;

65967

(4) Research;

65968

(5) Excellence in higher education;

65969

(6) Reduction in the number of graduate programs within the	65970
same subject area.	65971

In July of each odd-numbered year, the chancellor shall	65972
submit to the governor and the general assembly a report on	65973
progress made toward these goals.	65974

(Q) Make recommendations to the governor and the general	65975
assembly regarding the design and funding of the student financial	65976
aid programs specified in sections 3333.12, 3333.122, 3333.21 to	65977
~~3333.27~~3333.26, and 5910.02 of the Revised Code;	65978

(R) Participate in education-related state or federal	65979
programs on behalf of the state and assume responsibility for the	65980
administration of such programs in accordance with applicable	65981
state or federal law;	65982

(S) Adopt rules for student financial aid programs as	65983
required by sections 3333.12, 3333.122, 3333.21 to ~~3333.27~~	65984
3333.26, 3333.28, and 5910.02 of the Revised Code, and perform	65985
any other administrative functions assigned to the chancellor by	65986
those sections;	65987

(T) Conduct enrollment audits of state-supported	65988
institutions of higher education;	65989

(U) Appoint consortia of college and university personnel	65990
to advise or participate in the development and operation of	65991
statewide collaborative efforts, including the Ohio supercomputer	65992
center, the Ohio academic resources network, OhioLink, and the	65993
Ohio learning network. For each consortium, the chancellor shall	65994
designate a college or university to serve as that consortium's	65995
fiscal agent, financial officer, and employer. Any funds	65996
appropriated for the consortia shall be distributed to the	65997
fiscal agents for the operation of the consortia. A consortium	65998
shall follow the rules of the college or university that serves	65999
as its fiscal agent. The chancellor may restructure existing	66000
consortia, appointed under this division, in accordance with	66001
procedures adopted under divisions (D)(1) to (6) of this section.	66002

(V) Adopt rules establishing advisory duties and	66003
responsibilities of the board of regents not otherwise prescribed	66004
by law;	66005

(W) Respond to requests for information about higher	66006
education from members of the general assembly and direct staff to	66007
conduct research or analysis as needed for this purpose.	66008

Sec. 3333.048. (A) Not later than one year after the	66009
effective date of this section, the chancellor of the Ohio board	66010
of regents and the superintendent of public instruction jointly	66011
shall do the following:	66012

(1) In accordance with Chapter 119. of the Revised Code,	66013
establish metrics and educator preparation programs for the	66014
preparation of educators and other school personnel and the	66015
institutions of higher education that are engaged in their	66016
preparation. The metrics and educator preparation programs shall	66017
be aligned with the standards and qualifications for educator	66018
licenses adopted by the state board of education under section	66019
3319.22 of the Revised Code and the requirements of the Ohio	66020
teacher residency program established under section 3319.223 of	66021
the Revised Code. The metrics and educator preparation programs	66022
also shall ensure that educators and other school personnel are	66023
adequately prepared to use the value-added progress dimension	66024
prescribed by section 3302.021 of the Revised Code.	66025

(2) Provide for the inspection of institutions of higher	66026
education desiring to prepare educators and other school	66027
personnel.	66028

(B) Not later than one year after the effective date of this	66029
section, the chancellor shall approve institutions of higher	66030
education engaged in the preparation of educators and other school	66031
personnel that maintain satisfactory training procedures and	66032
records of performance, as determined by the chancellor.	66033

(C) If the metrics established under division (A)(1) of this	66034
section require an institution of higher education that prepares	66035
teachers to satisfy the standards of an independent accreditation	66036
organization, the chancellor shall permit each institution to	66037
satisfy the standards of either the national council for	66038
accreditation of teacher education or the teacher education	66039
accreditation council.	66040

(D) The metrics and educator preparation programs established	66041
under division (A)(1) of this section may require an institution	66042
of higher education, as a condition of approval by the	66043
chancellor, to make changes in the curricula of its preparation	66044
programs for educators and other school personnel.	66045

Notwithstanding division (D) of section 119.03 and division	66046
(A)(1) of section 119.04 of the Revised Code, any metrics,	66047
educator preparation programs, rules, and regulations, or any	66048
amendment or rescission of such metrics, educator preparation	66049
programs, rules, and regulations, adopted under this section that	66050
necessitate institutions offering preparation programs for	66051
educators and other school personnel approved by the chancellor	66052
to revise the curricula of those programs shall not be effective	66053
for at least one year after the first day of January next	66054
succeeding the publication of the said change.	66055

Each institution shall allocate money from its existing	66056
appropriations to pay the cost of making the curricular changes.	66057

(E) The chancellor shall notify the state board of the	66058
metrics and educator preparation programs established under	66059
division (A)(1) of this section and the institutions of higher	66060
education approved under division (B) of this section. The state	66061
board shall publish the metrics, educator preparation programs,	66062
and approved institutions with the standards and qualifications	66063
for each type of educator license.	66064

(F) The graduates of institutions of higher education	66065
approved by the chancellor shall be licensed by the state board in	66066
accordance with the standards and qualifications adopted under	66067
section 3319.22 of the Revised Code.	66068

~~Sec. 3319.233.~~ Sec. 3333.049. The ~~state board of education~~	66069
chancellor of the Ohio board of regents, in collaboration with the	66070
~~Ohio board of regents~~state board of education, shall issue an	66071
annual report on the quality of institutions approved for the	66072
preparation of teachers pursuant to section ~~3319.23~~3333.048 of	66073
the Revised Code. The ~~state board~~chancellor shall prepare the	66074
report in collaboration with the state board ~~of regents~~ and the	66075
teacher quality partnership and shall use data collected by the	66076
partnership and other educational agencies as the basis for the	66077
information contained in the report. The report shall include at	66078
least the following information:	66079

(A) Identification of best practices in the preparation of	66080
teachers drawn from research conducted by the teacher quality	66081
partnership and other regional and national educational research	66082
efforts;	66083

(B) A plan for implementing best practices in approved	66084
teacher preparation institutions;	66085

(C) The number of graduates of approved teacher preparation	66086
institutions who graduated with a subject area specialty and teach	66087
grades seven through twelve. The number shall be disaggregated	66088
according to the subject areas of mathematics, science, foreign	66089
language, special education and related services, and any other	66090
subject area determined by the ~~state board~~chancellor.	66091

(D) A plan to be implemented by the teacher preparation	66092
programs approved by the ~~state board~~chancellor under section	66093
~~3319.23~~3333.048 of the Revised Code for increasing the number of	66094
classroom teachers in science, mathematics, and foreign language	66095
toward meeting the identified needs for teachers in those subject	66096
areas throughout the state but especially in hard-to-staff	66097
schools.	66098

The ~~state board~~chancellor shall submit the report to the	66099
governor, the speaker and minority leader of the house of	66100
representatives, the president and minority leader of the senate,	66101
the chairpersons and ranking minority members of the standing	66102
committees of the house of representatives and the senate that	66103
consider education legislation, and the ~~chancellor of the~~state	66104
board ~~of regents~~.	66105

Sec. 3333.122. (A) ~~As used in this section:~~

66106

~~(1) "Eligible student" means a student who is:~~

66107

~~(a) An Ohio resident who first enrolls in an undergraduate~~	66108
~~program in the 2006-2007 academic year or thereafter;~~	66109

~~(b) If the student first enrolled in an undergraduate~~	66110
~~program in the 2006-2007 or 2007-2008 academic year, the student~~	66111
~~is enrolled in one of the following:~~	66112

~~(i) An accredited institution of higher education in this~~	66113
~~state that meets the requirements of Title VI of the Civil Rights~~	66114
~~Act of 1964 and is state-assisted, is nonprofit and has a~~	66115
~~certificate of authorization pursuant to Chapter 1713. of the~~	66116
~~Revised Code, has a certificate of registration from the state~~	66117
~~board of career colleges and schools and program authorization to~~	66118
~~award an associate or bachelor's degree, or is a private~~	66119
~~institution exempt from regulation under Chapter 3332. of the~~	66120
~~Revised Code as prescribed in section 3333.046 of the Revised~~	66121
~~Code. Students who attend an institution that holds a certificate~~	66122
~~of registration shall be enrolled in a program leading to an~~	66123
~~associate or bachelor's degree for which associate or bachelor's~~	66124
~~degree program the institution has program authorization issued~~	66125
~~under section 3332.05 of the Revised Code.~~	66126

~~(ii) A technical education program of at least two years~~	66127
~~duration sponsored by a private institution of higher education in~~	66128
~~this state that meets the requirements of Title VI of the Civil~~	66129
~~Rights Act of 1964;~~	66130

~~(iii) A nursing diploma program approved by the board of~~	66131
~~nursing under division (A)(5) of section 4723.06 of the Revised~~	66132
~~Code and that meets the requirements of Title VI of the Civil~~	66133
~~Rights Act of 1964.~~	66134

~~(c) If the student first enrolled in an undergraduate program~~	66135
~~after the 2007-2008 academic year, the student is enrolled in~~	66136
~~one of the following:~~	66137

~~(i) An accredited institution of higher education in this~~	66138
~~state that meets the requirements of Title VI of the Civil Rights~~	66139
~~Act of 1964 and is state-assisted, is nonprofit and has a~~	66140
~~certificate of authorization pursuant to Chapter 1713. of the~~	66141
~~Revised Code, or is a private institution exempt from regulation~~	66142
~~under Chapter 3332. of the Revised Code as prescribed in section~~	66143
~~3333.046 of the Revised Code;~~	66144

~~(ii) An education program of at least two years duration~~	66145
~~sponsored by a private institution of higher education in this~~	66146
~~state that meets the requirements of Title VI of the Civil Rights~~	66147
~~Act of 1964 and has a certificate of authorization pursuant to~~	66148
~~Chapter 1713. of the Revised Code;~~	66149

~~(iii) A nursing diploma program approved by the board of~~	66150
~~nursing under division (A)(5) of section 4723.06 of the Revised~~	66151
~~Code and that meets the requirements of Title VI of the Civil~~	66152
~~Rights Act of 1964.~~	66153

~~(2) A student who participated in either the early college~~	66154
~~high school program administered by the department of education or~~	66155
~~in the post-secondary enrollment options program pursuant to~~	66156
~~Chapter 3365. of the Revised Code before the 2006-2007 academic~~	66157
~~year shall not be excluded from eligibility for a needs-based~~	66158
~~financial aid grant under this section.~~	66159

~~(3) "Resident~~The chancellor of the Ohio board of regents	66160
shall adopt rules to carry out this section and as authorized	66161
under section 3333.123 of the Revised Code. The rules shall	66162
include definitions of the terms "resident," "expected family	66163
contribution~~" or "EFC~~," "full-time student," "three-quarters-time	66164
student," "half-time student," "one-quarter-time student," "state	66165
cost of attendance," and "accredited" ~~shall be defined by rules~~	66166
~~adopted by the chancellor of the Ohio board of regents~~for the	66167
purpose of those sections.	66168

(B) Only an Ohio resident who meets both of the following is	66169
eligible for a grant awarded under this section:	66170

(1) The resident has an expected family contribution of two	66171
thousand one hundred ninety or less;	66172

(2) The resident enrolls in one of the following:

66173

(a) An undergraduate program, or a nursing diploma program	66174
approved by the board of nursing under division (A)(5) of	66175
section 4723.06 of the Revised Code, at a state-assisted state	66176
institution of higher education, as defined in section 3345.12	66177
of the Revised Code, that meets the requirements of Title VI of	66178
the Civil Rights Act of 1964;	66179

(b) An undergraduate program, or a nursing diploma program	66180
approved by the board of nursing under division (A)(5) of section	66181
4723.06 of the Revised Code, at a private, nonprofit institution	66182
in this state holding a certificate of authorization pursuant to	66183
Chapter 1713. of the Revised Code;	66184

(c) An undergraduate program, or a nursing diploma program	66185
approved by the board of nursing under division (A)(5) of section	66186
4723.06 of the Revised Code, at a career college in this state	66187
that holds a certificate of registration from the state board of	66188
career colleges and schools under Chapter 3332. of the Revised	66189
Code or at a private institution exempt from regulation under	66190
Chapter 3332. of the Revised Code as prescribed in section	66191
3333.046 of the Revised Code, if the program has a certificate of	66192
authorization pursuant to Chapter 1713. of the Revised Code.	66193

(C)(1) The chancellor shall establish and administer a	66194
needs-based financial aid grants program based on the United	66195
States department of education's method of determining financial	66196
need ~~and may adopt rules to carry out this section~~. The program	66197
shall be known as the Ohio college opportunity grant program. The	66198
general assembly shall support the needs-based financial aid	66199
program by such sums and in such manner as it may provide, but	66200
the chancellor also may ~~also~~ receive funds from other sources to	66201
support the program. If, for any academic year, the amounts	66202
available for support of the program are inadequate to provide	66203
grants to all eligible students, the chancellor shall do one of	66204
the following:	66205

(a) Give preference in the payment of grants ~~shall be given~~	66206
~~in terms of~~based upon expected family contribution, beginning	66207
with the lowest expected family contribution category and	66208
proceeding upward by category to the highest expected family	66209
contribution category;	66210

(b) Proportionately reduce the amount of each grant to be	66211
awarded for the academic year under this section;	66212

(c) Use an alternate formula for such grants that addresses	66213
the shortage of available funds and has been submitted to and	66214
approved by the controlling board.	66215

A(2) The needs-based financial aid grant shall be paid to an	66216
the eligible student through the institution in which the student	66217
is enrolled, except that no needs-based financial aid grant shall	66218
be paid to any person serving a term of imprisonment.	66219
Applications for ~~such~~the grants shall be made as prescribed by	66220
the chancellor, and such applications may be made in conjunction	66221
with and upon the basis of information provided in conjunction	66222
with student assistance programs funded by agencies of the United	66223
States government or from financial resources of the institution	66224
of higher education. The institution shall certify that the	66225
student applicant meets the requirements set forth in ~~divisions~~	66226
~~(A)(1)(a) and (b)~~division (B) of this section. Needs-based	66227
financial aid grants shall be provided to an eligible student	66228
only as long as the student is making appropriate progress toward	66229
a nursing diploma or an associate or bachelor's degree. No	66230
student shall be eligible to receive a grant for more than ten	66231
semesters, fifteen quarters, or the equivalent of five academic	66232
years. A grant made to an eligible student on the basis of less	66233
than full-time enrollment shall be based on the number of credit	66234
hours for which the student is enrolled and shall be computed in	66235
accordance with a formula adopted by rule issued by the	66236
chancellor. No student shall receive more than one grant on the	66237
basis of less than full-time enrollment.	66238

~~A needs-based financial aid grant shall not exceed the total~~	66239
~~instructional and general charges of the institution.~~	66240

~~(C) The tables in this division prescribe the maximum grant~~	66241
~~amounts covering two semesters, three quarters, or a comparable~~	66242
~~portion of one academic year. Grant amounts for additional terms~~	66243
~~in the same academic year shall be determined under division (D)~~	66244
~~of this section.~~	66245

~~As used in the tables in division (C) of this section:~~

66246

~~(1) "Private institution" means an institution that is~~	66247
~~nonprofit and has a certificate of authorization pursuant to~~	66248
~~Chapter 1713. of the Revised Code.~~	66249

~~(2) "Career college" means either an institution that holds a~~	66250
~~certificate of registration from the state board of career~~	66251
~~colleges and schools or a private institution exempt from~~	66252
~~regulation under Chapter 3332. of the Revised Code as prescribed~~	66253
~~in section 3333.046 of the Revised Code.~~	66254

~~Full-time students shall be eligible to receive awards~~	66255
~~according to the following table:~~	66256

~~Full-Time Enrollment~~	66257

~~If the EFC is equal to or greater than:~~	~~And if the EFC is no more than:~~	~~If the student attends a public institution, the annual award shall be:~~	~~If the student attends a private institution, the annual award shall be:~~	~~If the student attends a career college, the annual award shall be:~~	66258
~~$2,101~~	~~$2,190~~	~~$300~~	~~$600~~	~~$480~~	66259
~~2,001~~	~~2,100~~	~~402~~	~~798~~	~~642~~	66260
~~1,901~~	~~2,000~~	~~498~~	~~1,002~~	~~798~~	66261
~~1,801~~	~~1,900~~	~~600~~	~~1,200~~	~~960~~	66262
~~1,701~~	~~1,800~~	~~702~~	~~1,398~~	~~1,122~~	66263
~~1,601~~	~~1,700~~	~~798~~	~~1,602~~	~~1,278~~	66264
~~1,501~~	~~1,600~~	~~900~~	~~1,800~~	~~1,440~~	66265
~~1,401~~	~~1,500~~	~~1,002~~	~~1,998~~	~~1,602~~	66266
~~1,301~~	~~1,400~~	~~1,098~~	~~2,202~~	~~1,758~~	66267
~~1,201~~	~~1,300~~	~~1,200~~	~~2,400~~	~~1,920~~	66268
~~1,101~~	~~1,200~~	~~1,302~~	~~2,598~~	~~2,082~~	66269
~~1,001~~	~~1,100~~	~~1,398~~	~~2,802~~	~~2,238~~	66270
~~901~~	~~1,000~~	~~1,500~~	~~3,000~~	~~2,400~~	66271
~~801~~	~~900~~	~~1,602~~	~~3,198~~	~~2,562~~	66272
~~701~~	~~800~~	~~1,698~~	~~3,402~~	~~2,718~~	66273
~~601~~	~~700~~	~~1,800~~	~~3,600~~	~~2,280~~	66274
~~501~~	~~600~~	~~1,902~~	~~3,798~~	~~3,042~~	66275
~~401~~	~~500~~	~~1,998~~	~~4,002~~	~~3,198~~	66276
~~301~~	~~400~~	~~2,100~~	~~4,200~~	~~3,360~~	66277
~~201~~	~~300~~	~~2,202~~	~~4,398~~	~~3,522~~	66278
~~101~~	~~200~~	~~2,298~~	~~4,602~~	~~3,678~~	66279
1	~~100~~	~~2,400~~	~~4,800~~	~~3,840~~	66280
0	0	~~2,496~~	~~4,992~~	~~3,996~~	66281

~~Three-quarters-time students shall be eligible to receive~~	66282
~~awards according to the following table:~~	66283

~~Three-Quarters-Time Enrollment~~	66284

~~If the EFC is equal to or greater than:~~	~~And the EFC is no more than:~~	~~If the student attends a public institution, the annual award shall be:~~	~~If the student attends a private institution, the annual award shall be:~~	~~If the student attends a career college, the annual award shall be:~~	66285
~~$2,101~~	~~$2,190~~	~~$228~~	~~$450~~	~~$360~~	66286
~~2,001~~	~~2,100~~	~~300~~	~~600~~	~~480~~	66287
~~1,901~~	~~2,000~~	~~372~~	~~750~~	~~600~~	66288
~~1,801~~	~~1,900~~	~~450~~	~~900~~	~~720~~	66289
~~1,701~~	~~1,800~~	~~528~~	~~1,050~~	~~840~~	66290
~~1,601~~	~~1,700~~	~~600~~	~~1,200~~	~~960~~	66291
~~1,501~~	~~1,600~~	~~678~~	~~1,350~~	~~1,080~~	66292
~~1,401~~	~~1,500~~	~~750~~	~~1,500~~	~~1,200~~	66293
~~1,301~~	~~1,400~~	~~822~~	~~1,650~~	~~1,320~~	66294
~~1,201~~	~~1,300~~	~~900~~	~~1,800~~	~~1,440~~	66295
~~1,101~~	~~1,200~~	~~978~~	~~1,950~~	~~1,560~~	66296
~~1,001~~	~~1,100~~	~~1,050~~	~~2,100~~	~~1,680~~	66297
~~901~~	~~1,000~~	~~1,128~~	~~2,250~~	~~1,800~~	66298
~~801~~	~~900~~	~~1,200~~	~~2,400~~	~~1,920~~	66299
~~701~~	~~800~~	~~1,272~~	~~2,550~~	~~2,040~~	66300
~~601~~	~~700~~	~~1,350~~	~~2,700~~	~~2,160~~	66301
~~501~~	~~600~~	~~1,428~~	~~2,850~~	~~2,280~~	66302
~~401~~	~~500~~	~~1,500~~	~~3,000~~	~~2,400~~	66303
~~301~~	~~400~~	~~1,578~~	~~3,150~~	~~2,520~~	66304
~~201~~	~~300~~	~~1,650~~	~~3,300~~	~~2,640~~	66305
~~101~~	~~200~~	~~1,722~~	~~3,450~~	~~2,760~~	66306
1	~~100~~	~~1,800~~	~~3,600~~	~~2,880~~	66307
0	0	~~1,872~~	~~3,744~~	~~3,000~~	66308

~~Half-time students shall be eligible to receive awards~~	66309
~~according to the following table:~~	66310

~~Half-Time Enrollment~~	66311

~~If the EFC is equal to or greater than:~~	~~And if the EFC is no more than:~~	~~If the student attends a public institution, the annual award shall be:~~	~~If the student attends a private institution, the annual award shall be:~~	~~If the student attends a career college, the annual award shall be:~~	66312
~~$2,101~~	~~$2,190~~	~~$150~~	~~$300~~	~~$240~~	66313
~~2,001~~	~~2,100~~	~~204~~	~~402~~	~~324~~	66314
~~1,901~~	~~2,000~~	~~252~~	~~504~~	~~402~~	66315
~~1,801~~	~~1,900~~	~~300~~	~~600~~	~~480~~	66316
~~1,701~~	~~1,800~~	~~354~~	~~702~~	~~564~~	66317
~~1,601~~	~~1,700~~	~~402~~	~~804~~	~~642~~	66318
~~1,501~~	~~1,600~~	~~450~~	~~900~~	~~720~~	66319
~~1,401~~	~~1,500~~	~~504~~	~~1,002~~	~~804~~	66320
~~1,301~~	~~1,400~~	~~552~~	~~1,104~~	~~882~~	66321
~~1,201~~	~~1,300~~	~~600~~	~~1,200~~	~~960~~	66322
~~1,101~~	~~1,200~~	~~654~~	~~1,302~~	~~1,044~~	66323
~~1,001~~	~~1,100~~	~~702~~	~~1,404~~	~~1,122~~	66324
~~901~~	~~1,000~~	~~750~~	~~1,500~~	~~1,200~~	66325
~~801~~	~~900~~	~~804~~	~~1,602~~	~~1,284~~	66326
~~701~~	~~800~~	~~852~~	~~1,704~~	~~1,362~~	66327
~~601~~	~~700~~	~~900~~	~~1,800~~	~~1,440~~	66328
~~501~~	~~600~~	~~954~~	~~1,902~~	~~1,524~~	66329
~~401~~	~~500~~	~~1,002~~	~~2,004~~	~~1,602~~	66330
~~301~~	~~400~~	~~1,050~~	~~2,100~~	~~1,680~~	66331
~~201~~	~~300~~	~~1,104~~	~~2,202~~	~~1,764~~	66332
~~101~~	~~200~~	~~1,152~~	~~2,304~~	~~1,842~~	66333
1	~~100~~	~~1,200~~	~~2,400~~	~~1,920~~	66334
0	0	~~1,248~~	~~2,496~~	~~1,998~~	66335

~~One-quarter-time students shall be eligible to receive awards~~	66336
~~according to the following table:~~	66337

~~One-Quarter-Time Enrollment~~	66338

~~If the EFC is equal to or greater than:~~	~~And if the EFC is no more than:~~	~~If the student attends a public institution, the annual award shall be:~~	~~If the student attends a private institution, the annual award shall be:~~	~~If the student attends a career college, the annual award shall be:~~	66339
~~$2,101~~	~~$2,190~~	~~$78~~	~~$150~~	~~$120~~	66340
~~2,001~~	~~2,100~~	~~102~~	~~198~~	~~162~~	66341
~~1,901~~	~~2,000~~	~~126~~	~~252~~	~~198~~	66342
~~1,801~~	~~1,900~~	~~150~~	~~300~~	~~240~~	66343
~~1,701~~	~~1,800~~	~~174~~	~~348~~	~~282~~	66344
~~1,601~~	~~1,700~~	~~198~~	~~402~~	~~318~~	66345
~~1,501~~	~~1,600~~	~~228~~	~~450~~	~~360~~	66346
~~1,401~~	~~1,500~~	~~252~~	~~498~~	~~402~~	66347
~~1,301~~	~~1,400~~	~~276~~	~~552~~	~~438~~	66348
~~1,201~~	~~1,300~~	~~300~~	~~600~~	~~480~~	66349
~~1,101~~	~~1,200~~	~~324~~	~~648~~	~~522~~	66350
~~1,001~~	~~1,100~~	~~348~~	~~702~~	~~558~~	66351
~~901~~	~~1,000~~	~~378~~	~~750~~	~~600~~	66352
~~801~~	~~900~~	~~402~~	~~798~~	~~642~~	66353
~~701~~	~~800~~	~~426~~	~~852~~	~~678~~	66354
~~601~~	~~700~~	~~450~~	~~900~~	~~720~~	66355
~~501~~	~~600~~	~~474~~	~~948~~	~~762~~	66356
~~401~~	~~500~~	~~498~~	~~1,002~~	~~798~~	66357
~~301~~	~~400~~	~~528~~	~~1,050~~	~~840~~	66358
~~201~~	~~300~~	~~552~~	~~1,098~~	~~882~~	66359
~~101~~	~~200~~	~~576~~	~~1,152~~	~~918~~	66360
1	~~100~~	~~600~~	~~1,200~~	~~960~~	66361
0	0	~~624~~	~~1,248~~	~~1,002~~	66362

(D)(1) Except as provided in division (D)(4) of this	66363
section, no grant awarded under this section shall exceed the	66364
total state cost of attendance.	66365

(2) Subject to divisions (D)(1), (3), and (4) of this	66366
section, the amount of a grant awarded to a student under this	66367
section shall equal the student's remaining state cost of	66368
attendance after the student's Pell grant and expected family	66369
contribution are applied to the instructional and general charges	66370
for the undergraduate program. However, for students enrolled in	66371
a state university or college as defined in section 3345.12 of	66372
the Revised Code or a university branch, the chancellor may	66373
provide that the grant amount shall equal the student's	66374
remaining instructional and general charges for the	66375
undergraduate program after the student's Pell grant and expected	66376
family contribution have been applied to those charges, but, in	66377
no case, shall the grant amount for such a student exceed any	66378
maximum that the chancellor may set by rule.	66379

(3) For a ~~full-time~~ student enrolled ~~in an eligible~~	66380
~~institution~~ for a semester or quarter in addition to the portion	66381
of the academic year covered by a grant ~~determined~~ under ~~division~~	66382
~~(C) of~~ this section, the maximum grant amount shall be a	66383
percentage of the maximum ~~prescribed~~specified in ~~the applicable~~	66384
any table ~~of that division~~established in rules adopted by the	66385
chancellor as provided in division (A) of this section. The	66386
maximum grant for a fourth quarter shall be one-third of the	66387
maximum amount so prescribed ~~under that division~~. The maximum	66388
grant for a third semester shall be one-half of the maximum amount	66389
so prescribed ~~under that division~~.	66390

(4) If a student is enrolled in a two-year institution of	66391
higher education and is eligible for an education and training	66392
voucher through the Ohio education and training voucher program	66393
that receives federal funding under the John H. Chafee foster care	66394
independence program, 42 U.S.C. 677, the amount of a grant awarded	66395
under this section may exceed the total state cost of attendance	66396
to additionally cover housing costs.	66397

(E) No grant shall be made to any student in a course of	66398
study in theology, religion, or other field of preparation for a	66399
religious profession unless such course of study leads to an	66400
accredited bachelor of arts, bachelor of science, associate of	66401
arts, or associate of science degree.	66402

(F)(1) Except as provided in division (F)(2) of this section,	66403
no grant shall be made to any student for enrollment during a	66404
fiscal year in an institution with a cohort default rate	66405
determined by the United States secretary of education pursuant	66406
to the "Higher Education Amendments of 1986," 100 Stat. 1278,	66407
1408, 20 U.S.C.A. 1085, as amended, as of the fifteenth day of	66408
June preceding the fiscal year, equal to or greater than thirty	66409
per cent for each of the preceding two fiscal years.	66410

(2) Division (F)(1) of this section does not apply toin the	66411
case of either of the following:	66412

(a) ~~Any student enrolled in an~~The institution ~~that under~~	66413
~~the~~pursuant to federal law appeals its loss of eligibility for	66414
federal financial aid and the United States secretary of	66415
education determines its cohort default rate after recalculation	66416
is lower than the rate specified in division (F)(1) of this	66417
section or the secretary determines due to mitigating	66418
circumstances that the institution may continue to participate in	66419
federal financial aid programs. The chancellor shall adopt rules	66420
requiring ~~institutions~~any such appellant to provide information	66421
to the chancellor regarding an appeal ~~to the chancellor~~.	66422

(b) Any student who has previously received a grant ~~under~~	66423
pursuant to any provision of this section, including prior to the	66424
section's amendment by H.B. 1 of the 128th general assembly, and	66425
who meets all other eligibility requirements of this section.	66426

(3) The chancellor shall adopt rules for the notification of	66427
all institutions whose students will be ineligible to participate	66428
in the grant program pursuant to division (F)(1) of this	66429
section.	66430

(4) A student's attendance at anany institution whose	66431
students ~~lose eligibility~~are ineligible for grants ~~under~~due to	66432
division (F)(1) of this section shall not affect that student's	66433
eligibility to receive a grant when enrolled in another	66434
institution.	66435

(G) Institutions of higher education that enroll students	66436
receiving needs-based financial aid grants under this section	66437
shall report to the chancellor all students who have received	66438
such needs-based financial aid grants but are no longer eligible	66439
for all or part of ~~such~~those grants and shall refund any moneys	66440
due the state within thirty days after the beginning of the	66441
quarter or term immediately following the quarter or term in	66442
which the student was no longer eligible to receive all or part	66443
of the student's grant. There shall be an interest charge of one	66444
per cent per month on all moneys due and payable after such	66445
thirty-day period. The chancellor shall immediately notify the	66446
office of budget and management and the legislative service	66447
commission of all refunds so received.	66448

Sec. 3333.123. (A) As used in this section:

66449

(1) "The Ohio college opportunity grant program" means the	66450
program established under section 3333.122 of the Revised Code.	66451

(2) "Rules for the Ohio college opportunity grant program"	66452
means the rules authorized in division (S) of section 3333.04 of	66453
the Revised Code for the implementation of the program.	66454

(B) In adopting rules for the Ohio college opportunity grant	66455
program, the chancellor of the Ohio board of regents may include	66456
provisions that give preferential or priority funding to	66457
low-income students who in their primary and secondary school work	66458
participate in or complete rigorous academic coursework, attain	66459
passing scores on the ~~tests~~assessments prescribed in section	66460
3301.0710 of the Revised Code, or meet other high academic	66461
performance standards determined by the chancellor to reduce the	66462
need for remediation and ensure academic success at the	66463
postsecondary education level. Any such rules shall include a	66464
specification of procedures needed to certify student achievement	66465
of primary and secondary standards as well as the timeline for	66466
implementation of the provisions authorized by this section.	66467

Sec. 3333.16. As used in this section "state institution of	66468
higher education" means an institution of higher education as	66469
defined in section 3345.12 of the Revised Code.	66470

(A) The chancellor of the Ohio board of regents shall do all	66471
of the following:	66472

(1) Establish policies and procedures applicable to all state	66473
institutions of higher education that ensure that students can	66474
begin higher education at any state institution of higher	66475
education and transfer coursework and degrees to any other state	66476
institution of higher education without unnecessary duplication or	66477
institutional barriers. The purpose of this requirement is to	66478
allow students to attain their highest educational aspirations in	66479
the most efficient and effective manner for the students and the	66480
state. These policies and procedures shall require state	66481
institutions of higher education to make changes or modifications,	66482
as needed, to strengthen course content so as to ensure	66483
equivalency for that course at any state institution of higher	66484
education.	66485

(2) Develop and implement a universal course equivalency	66486
classification system for state institutions of higher education	66487
so that the transfer of students and the transfer and articulation	66488
of equivalent courses or specified learning modules or units	66489
completed by students are not inhibited by inconsistent judgment	66490
about the application of transfer credits. Coursework completed	66491
within such a system at one state institution of higher education	66492
and transferred to another institution shall be applied to the	66493
student's degree objective in the same manner as equivalent	66494
coursework completed at the receiving institution.	66495

(3) Develop a system of transfer policies that ensure that	66496
graduates with associate degrees which include completion of	66497
approved transfer modules shall be admitted to a state institution	66498
of higher education, shall be able to compete for admission to	66499
specific programs on the same basis as students native to the	66500
institution, and shall have priority over out-of-state associate	66501
degree graduates and transfer students. To assist a student in	66502
advising and transferring, all state institutions of higher	66503
education shall fully implement the ~~course applicability~~	66504
information system for advising and transferring selected by,	66505
contracted for, or developed by the chancellor.	66506

(4) Examine the feasibility of developing a transfer	66507
marketing agenda that includes materials and interactive	66508
technology to inform the citizens of Ohio about the availability	66509
of transfer options at state institutions of higher education and	66510
to encourage adults to return to colleges and universities for	66511
additional education;	66512

(5) Study, in consultation with the state board of career	66513
colleges and schools, and in light of existing criteria and any	66514
other criteria developed by the articulation and transfer advisory	66515
council, the feasibility of credit recognition and transferability	66516
to state institutions of higher education for graduates who have	66517
received associate degrees from a career college or school with a	66518
certificate of registration from the state board of career	66519
colleges and schools under Chapter 3332. of the Revised Code.	66520

(B) All provisions of the existing articulation and transfer	66521
policy developed by the Ohio board of regents shall remain in	66522
effect except where amended by this section.	66523

Sec. 3333.28. (A) The chancellor of the Ohio board of	66524
regents shall establish the nurse education assistance program,	66525
the purpose of which shall be to make loans to students enrolled	66526
in prelicensure nurse education programs at institutions approved	66527
by the board of nursing under section 4723.06 of the Revised Code	66528
and postlicensure nurse education programs approved by the	66529
chancellor under section 3333.04 of the Revised Code or offered by	66530
an institution holding a certificate of authorization issued under	66531
Chapter 1713. of the Revised Code. The board of nursing shall	66532
assist the chancellor in administering the program.	66533

(B) There is hereby created in the state treasury the nurse	66534
education assistance fund, which shall consist of all money	66535
transferred to it pursuant to section 4743.05 of the Revised Code.	66536
The fund shall be used by the chancellor for loans made under	66537
division (A) of this section and for expenses of administering the	66538
loan program.	66539

(C) Between July 1, 2005, and January 1, 2012, the	66540
chancellor shall distribute money in the nurse education	66541
assistance fund in the following manner:	66542

(1)(a) Fifty per cent of available funds shall be awarded as	66543
loans to registered nurses enrolled in postlicensure nurse	66544
education programs described in division (A) of this section. To	66545
be eligible for a loan, the applicant shall provide the	66546
chancellor with a letter of intent to practice as a faculty	66547
member at a prelicensure or postlicensure program for nursing in	66548
this state upon completion of the applicant's academic program.	66549

(b) If the borrower of a loan under division (C)(1)(a) of	66550
this section secures employment as a faculty member of an approved	66551
nursing education program in this state within six months	66552
following graduation from an approved nurse education program, the	66553
chancellor may forgive the principal and interest of the student's	66554
loans received under division (C)(1)(a) of this section at a rate	66555
of twenty-five per cent per year, for a maximum of four years, for	66556
each year in which the borrower is so employed. A deferment of the	66557
service obligation, and other conditions regarding the forgiveness	66558
of loans may be granted as provided by the rules adopted under	66559
division (D)(7) of this section.	66560

(c) Loans awarded under division (C)(1)(a) of this section	66561
shall be awarded on the basis of the student's expected family	66562
contribution, with preference given to those applicants with the	66563
lowest expected family contribution. However, the chancellor may	66564
consider other factors the chancellor determines relevant in	66565
ranking the applications.	66566

(d) Each loan awarded to a student under division (C)(1)(a)	66567
of this section shall be not less than five thousand dollars per	66568
year.	66569

(2) Twenty-five per cent of available funds shall be awarded	66570
to students enrolled in prelicensure nurse education programs for	66571
registered nurses, as defined in section 4723.01 of the Revised	66572
Code.	66573

(3) Twenty-five per cent of available funds shall be awarded	66574
to students enrolled in ~~prelicensure professional~~ nurse education	66575
programs ~~for licensed practical nurses, as defined in section~~	66576
~~4723.01 of the Revised Code~~as determined by the chancellor, with	66577
preference given to programs aimed at increasing enrollment in an	66578
area of need.	66579

After January 1, 2012, the chancellor shall determine the	66580
manner in which to distribute loans under this section.	66581

(D) Subject to the requirements specified in division (C) of	66582
this section, the chancellor shall adopt rules in accordance with	66583
Chapter 119. of the Revised Code establishing:	66584

(1) Eligibility criteria for receipt of a loan;

66585

(2) Loan application procedures;

66586

(3) The amounts in which loans may be made and the total	66587
amount that may be loaned to an individual;	66588

(4) The total amount of loans that can be made each year;

66589

(5) The percentage of the money in the fund that must remain	66590
in the fund at all times as a fund balance;	66591

(6) Interest and principal repayment schedules;

66592

(7) Conditions under which a portion of principal and	66593
interest obligations incurred by an individual under the program	66594
will be forgiven;	66595

(8) Ways that the program may be used to encourage	66596
individuals who are members of minority groups to enter the	66597
nursing profession;	66598

(9) Any other matters incidental to the operation of the	66599
program.	66600

(E) The obligation to repay a portion of the principal and	66601
interest on a loan made under this section shall be forgiven if	66602
the recipient of the loan meets the criteria for forgiveness	66603
established by division (C)(1)(b) of this section, in the case of	66604
loans awarded under division (C)(1)(a) of this section, or by the	66605
chancellor under the rule adopted under division (D)(7) of this	66606
section, in the case of other loans awarded under this section.	66607

(F) The receipt of a loan under this section shall not affect	66608
a student's eligibility for assistance, or the amount of that	66609
assistance, granted under section 3333.12, 3333.122, 3333.22,	66610
3333.26, ~~3333.27,~~ 5910.03, 5910.032, or 5919.34 of the Revised	66611
Code, but the rules of the chancellor may provide for taking	66612
assistance received under those sections into consideration when	66613
determining a student's eligibility for a loan under this section.	66614

Sec. 3333.35. The state board of education and the	66615
chancellor of the Ohio board of regents shall strive to reduce	66616
unnecessary student remediation costs incurred by colleges and	66617
universities in this state, increase overall access for students	66618
to higher education, enhance the post-secondary enrollment options	66619
program in accordance with Chapter 3365. of the Revised Code, and	66620
enhance the alternative resident educator licensure program in	66621
accordance with section 3319.26 of the Revised Code.	66622

Sec. 3333.38. (A) As used in this section:

66623

(1) "Institution of higher education" includes all of the	66624
following:	66625

(a) A state institution of higher education, as defined in	66626
section 3345.011 of the Revised Code;	66627

(b) A nonprofit institution issued a certificate of	66628
authorization under Chapter 1713. of the Revised Code;	66629

(c) A private institution exempt from regulation under	66630
Chapter 3332. of the Revised Code, as prescribed in section	66631
3333.046 of the Revised Code;	66632

(d) An institution of higher education with a certificate of	66633
registration from the state board of career colleges and schools	66634
under Chapter 3332. of the Revised Code.	66635

(2) "Student financial assistance supported by state funds"	66636
includes assistance granted under sections 3315.33, 3333.12,	66637
3333.122, 3333.21, 3333.26, ~~3333.27,~~ 3333.28, 3333.372, 3333.391,	66638
5910.03, 5910.032, and 5919.34 of the Revised Code, financed by	66639
an award under the choose Ohio first scholarship program	66640
established under section 3333.61 of the Revised Code, or	66641
financed by an award under the Ohio co-op/internship program	66642
established under section 3333.72 of the Revised Code, and any	66643
other post-secondary student financial assistance supported by	66644
state funds.	66645

(B) An individual who is convicted of, pleads guilty to, or	66646
is adjudicated a delinquent child for one of the following	66647
violations shall be ineligible to receive any student financial	66648
assistance supported by state funds at an institution of higher	66649
education for two calendar years from the time the individual	66650
applies for assistance of that nature:	66651

(1) A violation of section 2917.02 or 2917.03 of the Revised	66652
Code;	66653

(2) A violation of section 2917.04 of the Revised Code that	66654
is a misdemeanor of the fourth degree;	66655

(3) A violation of section 2917.13 of the Revised Code that	66656
is a misdemeanor of the fourth or first degree and occurs within	66657
the proximate area where four or more others are acting in a	66658
course of conduct in violation of section 2917.11 of the Revised	66659
Code.	66660

(C) If an individual is convicted of, pleads guilty to, or is	66661
adjudicated a delinquent child for committing a violation of	66662
section 2917.02 or 2917.03 of the Revised Code, and if the	66663
individual is enrolled in a state-supported institution of higher	66664
education, the institution in which the individual is enrolled	66665
shall immediately dismiss the individual. No state-supported	66666
institution of higher education shall admit an individual of that	66667
nature for one academic year after the individual applies for	66668
admission to a state-supported institution of higher education.	66669
This division does not limit or affect the ability of a	66670
state-supported institution of higher education to suspend or	66671
otherwise discipline its students.	66672

Sec. 3333.39. The chancellor of the Ohio board of regents and	66673
the superintendent of public instruction shall establish and	66674
administer the teach Ohio program to promote and encourage	66675
citizens of this state to consider teaching as a profession. The	66676
program shall include all of the following:	66677

(A) A statewide program administered by a nonprofit	66678
corporation that has been in existence for at least fifteen years	66679
with demonstrated results in encouraging high school students from	66680
economically disadvantaged groups to enter the teaching	66681
profession. The chancellor and superintendent jointly shall select	66682
the nonprofit corporation.	66683

(B) The Ohio teaching fellows program established under	66684
sections 3333.391 and 3333.392 of the Revised Code;	66685

(C) The Ohio teacher residency program established under	66686
section 3319.223 of the Revised Code;	66687

(D) Alternative licensure procedures established under	66688
section 3319.26 of the Revised Code;	66689

(E) Any other program as identified by the chancellor and the	66690
superintendent.	66691

Sec. 3333.391. (A) As used in this section and in section	66692
3333.392 of the Revised Code:	66693

(1) "Academic year" shall be as defined by the chancellor of	66694
the Ohio board of regents.	66695

(2) "Hard-to-staff school" and "hard-to-staff subject" shall	66696
be as defined by the department of education.	66697

(3) "Parent" means the parent, guardian, or custodian of a	66698
qualified student.	66699

(4) "Qualified service" means teaching at a qualifying	66700
school.	66701

(5) "Qualifying school" means a hard-to-staff school district	66702
building or a school district building that has a performance	66703
rating of academic watch or academic emergency under section	66704
3302.03 of the Revised Code at the time the recipient becomes	66705
employed by the district.	66706

(B) If the chancellor of the Ohio board of regents determines	66707
that sufficient funds are available from general revenue fund	66708
appropriations made to the Ohio board of regents or to the	66709
chancellor, the chancellor and the superintendent of public	66710
instruction jointly may develop and agree on a plan for the Ohio	66711
teaching fellows program to promote and encourage high school	66712
seniors to enter and remain in the teaching profession. Upon	66713
agreement of such a plan, the chancellor shall establish and	66714
administer the program in conjunction with the superintendent and	66715
with the cooperation of teacher training institutions. Under the	66716
program, the chancellor annually shall provide scholarships to	66717
students who commit to teaching in a qualifying school for a	66718
minimum of four years upon graduation from a teacher training	66719
program at a state institution of higher education or an Ohio	66720
nonprofit institution of higher education that has a certificate	66721
of authorization under Chapter 1713. of the Revised Code. The	66722
scholarships shall be for up to four years at the undergraduate	66723
level at an amount determined by the chancellor based on state	66724
appropriations.	66725

(C) The chancellor shall adopt a competitive process for	66726
awarding scholarships under the teaching fellows program, which	66727
shall include minimum grade point average and scores on national	66728
standardized tests for college admission. The process shall also	66729
give additional consideration to all of the following:	66730

(1) A person who has participated in the program described in	66731
division (A) of section 3333.39 of the Revised Code;	66732

(2) A person who plans to specialize in teaching students	66733
with special needs;	66734

(3) A person who plans to teach in the disciplines of	66735
science, technology, engineering, or mathematics.	66736

The chancellor shall require that all applicants to the	66737
teaching fellows program shall file a statement of service status	66738
in compliance with section 3345.32 of the Revised Code, if	66739
applicable, and that all applicants have not been convicted of,	66740
plead guilty to, or adjudicated a delinquent child for any	66741
violation listed in section 3333.38 of the Revised Code.	66742

(D) Teaching fellows shall complete the four-year teaching	66743
commitment within not more than seven years after graduating from	66744
the teacher training program. Failure to fulfill the commitment	66745
shall convert the scholarship into a loan to be repaid under	66746
section 3333.392 of the Revised Code.	66747

(E) The chancellor shall adopt rules in accordance with	66748
Chapter 119. of the Revised Code to administer this section and	66749
section 3333.392 of the Revised Code.	66750

Sec. 3333.392. (A) Each recipient who accepts a scholarship	66751
under the Ohio teaching fellows program created under section	66752
3333.391 of the Revised Code, or the recipient's parent if the	66753
recipient is younger than eighteen years of age, shall sign a	66754
promissory note payable to the state in the event the recipient	66755
does not satisfy the service requirement of division (D) of	66756
section 3333.391 of the Revised Code or the scholarship is	66757
terminated. The amount payable under the note shall be the amount	66758
of total scholarships accepted by the recipient under the program	66759
plus ten per cent interest accrued annually beginning on the first	66760
day of September after graduating from the teacher training	66761
program or immediately after termination of the scholarship. The	66762
period of repayment under the note shall be determined by the	66763
chancellor of the Ohio board of regents. The note shall stipulate	66764
that the obligation to make payments under the note is canceled	66765
following completion of four years of qualified service by the	66766
recipient in accordance with division (D) of section 3333.391 of	66767
the Revised Code, or if the recipient dies, becomes totally and	66768
permanently disabled, or is unable to complete the required	66769
qualified service as a result of a reduction in force at the	66770
recipient's school of employment before the obligation under the	66771
note has been satisfied.	66772

(B) Repayment of the principal amount of the scholarship and	66773
interest accrued shall be deferred while the recipient is enrolled	66774
in an approved teaching program, while the recipient is seeking	66775
employment to fulfill the service obligation, for a period not to	66776
exceed six months, or while the recipient is engaged in qualified	66777
service.	66778

(C) During the seven-year period following the recipient's	66779
graduation from an approved teaching program, the chancellor shall	66780
deduct twenty-five per cent of the outstanding balance that may be	66781
converted to a loan for each year the recipient teaches at a	66782
qualifying school.	66783

(D) The chancellor may terminate the scholarship, in which	66784
case the scholarship shall be converted to a loan to be repaid	66785
under division (A) of this section.	66786

(E) The scholarship shall be deemed terminated upon the	66787
recipient's withdrawal from school or the recipient's failure to	66788
meet the standards of the scholarship as determined by the	66789
chancellor and shall be converted to a loan to be repaid under	66790
division (A) of this section.	66791

(F) The chancellor and the attorney general shall collect	66792
payments on the converted loan in accordance with section 131.02	66793
of the Revised Code.	66794

Sec. 3333.42. No state institution of higher education, as	66795
defined in section 3345.011 of the Revised Code, shall charge a	66796
nonresident student who is a member of the armed forces of the	66797
United States and who is stationed in this state pursuant to	66798
military orders or who is a member of the Ohio national guard, or	66799
who is the spouse or dependent child of such a student, rates for	66800
tuition and fees that are higher than the rates charged to an	66801
Ohio resident.	66802

Sec. 3333.61. The chancellor of the Ohio board of regents	66803
shall establish and administer the Ohio innovation partnership,	66804
which shall consist of the choose Ohio first scholarship program	66805
and the Ohio research scholars program. Under the programs, the	66806
chancellor, subject to approval by the controlling board, shall	66807
make awards to state universities or colleges for programs and	66808
initiatives that recruit students and scientists in the fields of	66809
science, technology, engineering, mathematics, and medicine to	66810
state universities or colleges, in order to enhance regional	66811
educational and economic strengths and meet the needs of the	66812
state's regional economies. Awards may be granted for programs and	66813
initiatives to be implemented by a state university or college	66814
alone or in collaboration with other state institutions of higher	66815
education, nonpublic Ohio universities and colleges, or other	66816
public or private Ohio entities. If the chancellor makes an award	66817
to a program or initiative that is intended to be implemented by a	66818
state university or college in collaboration with other state	66819
institutions of higher education or nonpublic Ohio universities or	66820
colleges, the chancellor may provide that some portion of the	66821
award be received directly by the collaborating universities or	66822
colleges consistent with all terms of the Ohio innovation	66823
partnership.	66824

The choose Ohio first scholarship program shall assign a	66825
number of scholarships to state universities and colleges to	66826
recruit Ohio residents as undergraduate, or as provided in section	66827
3333.66 of the Revised Code graduate, students in the fields of	66828
science, technology, engineering, mathematics, and medicine, or	66829
in science, technology, engineering, mathematics, or medical	66830
education. Choose Ohio first scholarships shall be awarded to each	66831
participating eligible student as a grant to the state university	66832
or college the student is attending and shall be reflected on the	66833
student's tuition bill. Choose Ohio first scholarships are	66834
student-centered grants from the state to students to use to	66835
attend a university or college and are not grants from the state	66836
to universities or colleges.	66837

Notwithstanding any other provision of this section or	66838
sections 3333.62 to 3333.70 of the Revised Code, a nonpublic	66839
four-year Ohio institution of higher education may submit a	66840
proposal for choose Ohio first scholarships ~~if the proposal is to~~	66841
~~be implemented in collaboration with a state university or~~	66842
~~college~~or Ohio research scholars grants. If the chancellor ~~grants~~	66843
awards a nonpublic institution ~~an award of~~ scholarships or	66844
grants, the nonpublic institution shall comply with all	66845
requirements of this section, sections 3333.62 to 3333.70 of the	66846
Revised Code, and the rules adopted under this section that apply	66847
to state universities or colleges awarded choose Ohio first	66848
scholarships or Ohio research scholars grants.	66849

The Ohio research scholars program shall award grants to use	66850
in recruiting scientists to the faculties of state universities or	66851
colleges.	66852

The chancellor shall adopt rules in accordance with Chapter	66853
119. of the Revised Code to administer the programs.	66854

Sec. 3333.62. The chancellor of the Ohio board of regents	66855
shall establish a competitive process for making awards under the	66856
choose Ohio first scholarship program and the Ohio research	66857
scholars program. The chancellor, on completion of that process,	66858
shall make a recommendation to the controlling board asking for	66859
approval of each award selected by the chancellor.	66860

Any state university or college may apply for one or more	66861
awards under one or both programs. The state university or college	66862
shall submit a proposal and other documentation required by the	66863
chancellor, in the form and manner prescribed by the chancellor,	66864
for each award it seeks. A proposal may propose an initiative to	66865
be implemented solely by the state university or college or in	66866
collaboration with other state institutions of higher education,	66867
nonpublic Ohio universities or colleges, or other public or	66868
nonpublic Ohio entities. A single proposal may seek an award under	66869
one or both programs.	66870

The chancellor shall determine which proposals will receive	66871
awards each fiscal year, and the amount of each award, on the	66872
basis of the merit of each proposal, which the chancellor, subject	66873
to approval by the controlling board, shall determine based on one	66874
or more of the following criteria:	66875

(A) The quality of the program that is the subject of the	66876
proposal and the extent to which additional resources will enhance	66877
its quality;	66878

(B) The extent to which the proposal is integrated with the	66879
strengths of the regional economy;	66880

(C) The extent to which the proposal is integrated with	66881
centers of research excellence within the private sector;	66882

(D) The amount of other institutional, public, or private	66883
resources, whether monetary or nonmonetary, that the proposal	66884
pledges to leverage;	66885

(E) The extent to which the proposal is collaborative with	66886
other public or nonpublic Ohio institutions of higher education;	66887

(F) The extent to which the proposal is integrated with the	66888
university's or college's mission and does not displace existing	66889
resources already committed to the mission;	66890

(G) The extent to which the proposal facilitates a more	66891
efficient utilization of existing faculty and programs;	66892

(H) The extent to which the proposal meets a statewide	66893
educational need;	66894

(I) The demonstrated productivity or future capacity of the	66895
students or scientists to be recruited;	66896

(J) The extent to which the proposal will create additional	66897
capacity in educational or economic areas of need;	66898

(K) The extent to which the proposal will encourage students	66899
who received degrees in the fields of science, technology,	66900
engineering, mathematics, or medicine from two-year institutions	66901
to transfer to state universities or colleges to pursue	66902
baccalaureate degrees in science, technology, engineering,	66903
mathematics, or medicine;	66904

(L) The extent to which the proposal encourages students	66905
enrolled in state universities to transfer into science,	66906
technology, engineering, mathematics, or medicine programs;	66907

(M) The extent to which the proposal facilitates the	66908
completion of a baccalaureate degree in a cost-effective manner,	66909
for example, by facilitating students' completing two years at a	66910
two-year institution and two years at a state university or	66911
college;	66912

(N) The extent to which the proposal allows attendance at a	66913
state university or college of students who otherwise could not	66914
afford to attend;	66915

(O) The extent to which other institutional, public, or	66916
private resources pledged to the proposal will be deployed to	66917
assist in sustaining students' scholarships over their academic	66918
careers;	66919

(P) The extent to which the proposal increases the likelihood	66920
that students will successfully complete their degree programs in	66921
science, technology, engineering, mathematics, or medicine or in	66922
science, technology, engineering, mathematics, or medical	66923
education;	66924

(Q) The extent to which the proposal ensures that a student	66925
who is awarded a scholarship is appropriately qualified and	66926
prepared to successfully complete a degree program in science,	66927
technology, engineering, mathematics, or medicine or in science,	66928
technology, engineering, mathematics, or medical education;	66929

(R) The extent to which the proposal will increase the number	66930
of women participating in the choose Ohio first scholarship	66931
program.	66932

Sec. 3333.66. (A) In(1) Except as provided in division	66933
(A)(2) of this section, in each academic year, no student who	66934
receives a choose Ohio first scholarship shall receive less than	66935
one thousand five hundred dollars or more than one-half of the	66936
highest in-state undergraduate instructional and general fees	66937
charged by all state universities. For this purpose, if Miami	66938
university is implementing the pilot tuition restructuring plan	66939
originally recognized in Am. Sub. H.B. 95 of the 125th general	66940
assembly, that university's instructional and general fees shall	66941
be considered to be the average full-time in-state undergraduate	66942
instructional and general fee amount after taking into account the	66943
Ohio resident and Ohio leader scholarships and any other credit	66944
provided to all Ohio residents.	66945

(2) The chancellor of the Ohio board of regents may authorize	66946
a state university or college or a nonpublic Ohio institution of	66947
higher education to award a choose Ohio first scholarship in an	66948
amount greater than one-half of the highest in-state undergraduate	66949
instructional and general fees charged by all state universities	66950
to either of the following:	66951

(a) Any undergraduate student who qualifies for a scholarship	66952
and is enrolled in a program leading to a teaching profession in	66953
science, technology, engineering, mathematics, or medicine;	66954

(b) Any graduate student who qualifies for a scholarship, if	66955
any initiatives are selected for award under division (B) of this	66956
section.	66957

(B) The chancellor ~~of the Ohio board of regents~~ shall	66958
encourage state universities and colleges, alone or in	66959
collaboration with other state institutions of higher education,	66960
nonpublic Ohio universities and colleges, or other public or	66961
private Ohio entities, to submit proposals under the choose Ohio	66962
first scholarship program for initiatives that recruit Ohio	66963
residents enrolled in colleges and universities in other states or	66964
other countries to return to Ohio and enroll in state universities	66965
or colleges as graduate students in the fields of science,	66966
technology, engineering, mathematics, and medicine, or in the	66967
fields of science, technology, engineering, mathematics, or	66968
medical education. If such proposals are submitted and meet the	66969
chancellor's competitive criteria for awards, the chancellor,	66970
subject to approval by the controlling board, shall give at least	66971
one of the proposals preference for an award.	66972

(C) The general assembly intends that money appropriated for	66973
the choose Ohio first scholarship program in each fiscal year be	66974
used for scholarships in the following academic year.	66975

Sec. 3333.90. (A) As used in this section:

66976

(1) "Allocated state share of instruction" means, for any	66977
fiscal year, the amount of the state share of instruction	66978
appropriated to the Ohio board of regents by the general assembly	66979
that is allocated to a community or technical college or community	66980
or technical college district for such fiscal year.	66981

(2) "Authority" means the Ohio building authority.

66982

(3) "Bond service charges" has the same meaning as in section	66983
152.09 of the Revised Code.	66984

(4) "Chancellor" means the chancellor of the Ohio board of	66985
regents.	66986

(5) "Community or technical college" or "college" means any	66987
of the following state-supported or state-assisted institutions of	66988
higher education:	66989

(a) A community college as defined in section 3354.01 of the	66990
Revised Code;	66991

(b) A technical college as defined in section 3357.01 of the	66992
Revised Code;	66993

(c) A state community college as defined in section 3358.01	66994
of the Revised Code.	66995

(6) "Community or technical college district" or "district"	66996
means any of the following institutions of higher education that	66997
are state-supported or state-assisted:	66998

(a) A community college district as defined in section	66999
3354.01 of the Revised Code;	67000

(b) A technical college district as defined in section	67001
3357.01 of the Revised Code;	67002

(c) A state community college district as defined in section	67003
3358.01 of the Revised Code.	67004

(7) "Credit enhancement facilities" has the same meaning as	67005
in section 133.01 of the Revised Code.	67006

(8) "Obligations" has the meaning as in section 152.09 or	67007
3345.12 of the Revised Code, as the context requires.	67008

(B) The board of trustees of any community or technical	67009
college district authorizing the issuance of obligations under	67010
section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the	67011
Revised Code, or for whose benefit and on whose behalf the	67012
authority proposes to issue obligations under division (G) of	67013
section 152.09 of the Revised Code, may adopt a resolution	67014
requesting the chancellor to enter into an agreement with the	67015
community or technical college district and the primary paying	67016
agent or fiscal agent for such obligations, providing for the	67017
withholding and deposit of funds otherwise due the district or the	67018
community or technical college it operates in respect of its	67019
allocated state share of instruction, for the payment of bond	67020
service charges on such obligations.	67021

The board of trustees shall deliver to the chancellor a copy	67022
of the resolution and any additional pertinent information the	67023
chancellor may require.	67024

The chancellor and the office of budget and management, and	67025
the authority in the case of obligations to be issued by the	67026
authority, shall evaluate each request received from a community	67027
or technical college district under this section. The chancellor,	67028
with the advice and consent of the director of budget and	67029
management and the authority in the case of obligations to be	67030
issued by the authority, shall approve each request if all of the	67031
following conditions are met:	67032

(1) Approval of the request will enhance the marketability of	67033
the obligations for which the request is made;	67034

(2) The chancellor and the office of budget and management,	67035
and the authority in the case of obligations to be issued by the	67036
authority, have no reason to believe the requesting community or	67037
technical college district or the community or technical college	67038
it operates will be unable to pay when due the bond service	67039
charges on the obligations for which the request is made, and bond	67040
service charges on those obligations are therefore not anticipated	67041
to be paid pursuant to this section from the allocated state share	67042
of instruction for purposes of Section 17 of Article VIII, Ohio	67043
Constitution.	67044

(3) Any other pertinent conditions established in rules	67045
adopted under division (H) of this section.	67046

(C) If the chancellor approves the request of a community or	67047
technical college district to withhold and deposit funds pursuant	67048
to this section, the chancellor shall enter into a written	67049
agreement with the district and the primary paying agent or fiscal	67050
agent for the obligations, which agreement shall provide for the	67051
withholding of funds pursuant to this section for the payment of	67052
bond service charges on those obligations. The agreement may also	67053
include both of the following:	67054

(1) Provisions for certification by the district to the	67055
chancellor, prior to the deadline for payment of the applicable	67056
bond service charges, whether the district and the community or	67057
technical college it operates are able to pay those bond service	67058
charges when due;	67059

(2) Requirements that the district or the community or	67060
technical college it operates deposits amounts for the payment of	67061
those bond service charges with the primary paying agent or fiscal	67062
agent for the obligations prior to the date on which the bond	67063
service charges are due to the owners or holders of the	67064
obligations.	67065

(D) Whenever a district or the community or technical college	67066
it operates notifies the chancellor that it will not be able to	67067
pay the bond service charges when they are due, subject to the	67068
withholding provisions of this section, or whenever the applicable	67069
paying agent or fiscal agent notifies the chancellor that it has	67070
not timely received from a district or from the college it	67071
operates the full amount needed for payment of the bond service	67072
charges when due to the holders or owners of such obligations, the	67073
chancellor shall immediately contact the district or college and	67074
the paying agent or fiscal agent to confirm that the district and	67075
the college are not able to make the required payment by the date	67076
on which it is due.	67077

If the chancellor confirms that the district and the college	67078
are not able to make the payment and the payment will not be made	67079
pursuant to a credit enhancement facility, the chancellor shall	67080
promptly pay to the applicable primary paying agent or fiscal	67081
agent the lesser of the amount due for bond service charges or the	67082
amount of the next periodic distribution scheduled to be made to	67083
the district or to the college in respect of its allocated state	67084
share of instruction. If this amount is insufficient to pay the	67085
total amount then due the agent for the payment of bond service	67086
charges, the chancellor shall continue to pay to the agent from	67087
each periodic distribution thereafter, and until the full amount	67088
due the agent for unpaid bond service charges is paid in full, the	67089
lesser of the remaining amount due the agent for bond service	67090
charges or the amount of the next periodic distribution scheduled	67091
to be made to the district or college in respect of its allocated	67092
state share of instruction.	67093

(E) The chancellor may make any payments under this section	67094
by direct deposit of funds by electronic transfer.	67095

Any amount received by a paying agent or fiscal agent under	67096
this section shall be applied only to the payment of bond service	67097
charges on the obligations of the community or technical college	67098
district or community or technical college subject to this section	67099
or to the reimbursement of the provider of a credit enhancement	67100
facility that has paid the bond service charges.	67101

(F) The chancellor may make payments under this section to	67102
paying agents or fiscal agents during any fiscal biennium of the	67103
state only from and to the extent that money is appropriated to	67104
the board of regents by the general assembly for distribution	67105
during such biennium for the state share of instruction and only	67106
to the extent that a portion of the state share of instruction has	67107
been allocated to the community or technical college district or	67108
community or technical college. Obligations of the authority or of	67109
a community or technical college district to which this section is	67110
made applicable do not constitute an obligation or a debt or a	67111
pledge of the faith, credit, or taxing power of the state, and the	67112
holders or owners of those obligations have no right to have	67113
excises or taxes levied or appropriations made by the general	67114
assembly for the payment of bond service charges on the	67115
obligations, and the obligations shall contain a statement to that	67116
effect. The agreement for or the actual withholding and payment of	67117
money under this section does not constitute the assumption by the	67118
state of any debt of a community or technical college district or	67119
a community or technical college, and bond service charges on the	67120
related obligations are not anticipated to be paid from the state	67121
general revenue fund for purposes of Section 17 of Article VIII,	67122
Ohio Constitution.	67123

(G) In the case of obligations subject to the withholding	67124
provisions of this section, the issuing community or technical	67125
college district, or the authority in the case of obligations	67126
issued by the authority, shall appoint a paying agent or fiscal	67127
agent who is not an officer or employee of the district or	67128
college.	67129

(H) The chancellor, with the advice and consent of the office	67130
of budget and management, may adopt reasonable rules not	67131
inconsistent with this section for the implementation of this	67132
section to secure payment of bond service charges on obligations	67133
issued by a community or technical college district or by the	67134
authority for the benefit of a community or technical college	67135
district or the community or technical college it operates. Those	67136
rules shall include criteria for the evaluation and approval or	67137
denial of community or technical college district requests for	67138
withholding under this section.	67139

(I) The authority granted by this section is in addition to	67140
and not a limitation on any other authorizations granted by or	67141
pursuant to law for the same or similar purposes.	67142

Sec. 3334.03. (A)(1) There is hereby created the Ohio	67143
tuition trust authority within the office of the chancellor of the	67144
Ohio board of regents, which shall have the powers enumerated in	67145
this chapter and which shall operate as a qualified state tuition	67146
program within the meaning of section 529 of the Internal Revenue	67147
Code. The exercise by the authority of its powers shall be and is	67148
hereby declared an essential state governmental function. The	67149
authority is subject to all provisions of law generally applicable	67150
to state agencies which do not conflict with the provisions of	67151
this chapter.	67152

(2) Except for the duties and responsibilities under this	67153
chapter of the Ohio tuition trust authority board as specified in	67154
divisions (B)(2) and (3) of this section, the Ohio tuition trust	67155
authority shall perform all duties and responsibilities specified	67156
under this chapter.	67157

(B) ~~The~~(1)(a) There is hereby created the Ohio tuition trust	67158
authority board, which shall consist of eleven members, no more	67159
than six of whom shall be of the same political party. Six members	67160
shall be appointed by the governor with the advice and consent of	67161
the senate as follows: one shall represent state institutions of	67162
higher education, one shall represent private nonprofit colleges	67163
and universities located in Ohio, one shall have experience in	67164
the field of marketing or public relations, one shall have	67165
experience in the field of information systems design or	67166
management, and two shall have experience in the field of	67167
banking, investment banking, insurance, or law. Four members	67168
shall be appointed by the speaker of the house of representatives	67169
and the president of the senate as follows: the speaker of the	67170
house of representatives shall appoint one member of the house	67171
from each political party and the president of the senate shall	67172
appoint one member of the senate from each political party. The	67173
chancellor ~~of the board of regents~~or the chancellor's designee	67174
shall be an ex officio voting member~~; provided, however, that~~	67175
~~the chancellor may designate a vice-chancellor of the board of~~	67176
~~regents to serve as the chancellor's representative. The~~	67177
~~political party of the chancellor shall be deemed the political~~	67178
~~party of the designee for purposes of determining that no more~~	67179
~~than six members are of the same political party~~.	67180

~~Initial gubernatorial appointees to the authority shall serve~~	67181
~~staggered terms, with two terms expiring on January 31, 1991, one~~	67182
~~term expiring on January 31, 1992, and one term expiring on~~	67183
~~January 31, 1993. The governor shall appoint two additional~~	67184
~~members to the authority no later than thirty days after March 30,~~	67185
~~1999, and their initial terms shall expire January 31, 2002.~~	67186
~~Thereafter, terms~~Terms of office for gubernatorial appointees	67187
shall be ~~for four years~~staggered four-year terms. ~~The initial~~	67188
~~terms of the four legislative members shall expire on January 31,~~	67189
~~1991. Thereafter legislative~~Legislative members shall serve	67190
two-year terms, provided that legislative members may continue to	67191
serve on the ~~authority~~board only if they remain members of the	67192
general assembly. Any vacancy on the ~~authority~~board shall be	67193
filled in the same manner as the original appointment, except	67194
that any person appointed to fill a vacancy shall be appointed to	67195
the remainder of the unexpired term. Any member is eligible for	67196
reappointment.	67197

~~(C)~~(b) Any member may be removed by the appointing authority	67198
for misfeasance, malfeasance, or willful neglect of duty or for	67199
other cause after notice and a public hearing, unless the notice	67200
and hearing are waived in writing by the member. Members shall	67201
serve without compensation but shall receive their reasonable and	67202
necessary expenses incurred in the conduct of ~~authority~~the	67203
board's business.	67204

~~(D)~~(c) The speaker of the house of representatives and the	67205
president of the senate shall each designate a member of the	67206
~~authority~~board to serve as co-chairpersons. The six gubernatorial	67207
appointees and the chancellor ~~of the board of regents~~ or the	67208
chancellor's designee shall serve as the executive committee of	67209
the ~~authority~~board, and shall elect an executive chairperson	67210
from among the executive committee members. The ~~authority~~board	67211
and the executive committee may elect such other officers as	67212
determined by the ~~authority~~board or the executive committee	67213
respectively. The authority shall meet at least annually at the	67214
call of either co-chairperson and at such other times as either	67215
co-chairperson or the ~~authority~~board determines necessary. In	67216
the absence of both co-chairpersons, the executive chairperson	67217
shall serve as the presiding officer of the ~~authority~~board. The	67218
executive committee shall meet at the call of the executive	67219
chairperson or as the executive committee determines necessary.	67220
The ~~authority~~board may delegate to the executive committee such	67221
duties and responsibilities as the ~~authority~~board determines	67222
appropriate, except that the ~~authority~~board may not delegate to	67223
the executive committee ~~the final determination of the annual~~	67224
~~price of a tuition unit,~~ the final designation of bonds as college	67225
savings bonds, or providing of advice concerning and consent to	67226
the employment of an executive director of the Ohio tuition trust	67227
authority. Upon such delegation, the executive committee shall	67228
have the authority to act pursuant to such delegation without	67229
further approval or action by the ~~authority~~board. A majority of	67230
the ~~authority~~board shall constitute a quorum of the ~~authority~~	67231
board, and the affirmative vote of a majority of the members	67232
present shall be necessary for any action taken by the ~~authority~~	67233
board. A majority of the executive committee shall constitute a	67234
quorum of the executive committee, and the affirmative vote of a	67235
majority of the members present shall be necessary for any action	67236
taken by the executive committee. No vacancy in the membership of	67237
the ~~authority~~board or the executive committee shall impair the	67238
rights of a quorum to exercise all rights and perform all duties	67239
of the ~~authority~~board or the executive committee respectively.	67240

(2) The Ohio tuition trust authority board solely shall	67241
perform the duties and responsibilities specified in division	67242
(B)(3) of this section and in all of the following:	67243

(a) Section 3334.04 of the Revised Code, except for	67244
administration responsibilities that include, but are not limited	67245
to, marketing, promoting, and advertising;	67246

(b) Division (A)(11) of section 3334.08 of the Revised Code	67247
to provide advice and consent to the Ohio tuition trust authority	67248
on the hiring of the executive director, provided that the	67249
executive director shall not be hired unless a majority of the	67250
board votes in favor of the hiring;	67251

(c) Divisions (A) to (E), (G)(1), (K), (L), and (M) of	67252
section 3334.11 of the Revised Code, except that the board shall	67253
consult with the chancellor prior to any change in the order of	67254
expenditures under division (B) of that section, prior to entering	67255
into a contract under division (E) of that section, or prior to	67256
establishing an entity authorized under division (K)(2) of that	67257
section;	67258

(d) Section 3334.12 of the Revised Code;

67259

(e) Sections 3334.18 to 3334.21 of the Revised Code	67260
concerning investment and fiduciary duties that are required for	67261
the variable college savings program. In addition, prior to any	67262
change in the order of expenditures under division (F) of section	67263
3334.19 of the Revised Code, the board shall consult with the	67264
chancellor.	67265

(3) Subject to the advice and consent of the chancellor, the	67266
Ohio tuition trust authority board may remove at any time the	67267
executive director of the Ohio tuition trust authority hired under	67268
division (A)(11) of section 3334.08 of the Revised Code.	67269

Sec. 3334.07. (A) The Ohio tuition trust authority shall	67270
develop a plan for the sale of tuition units. ~~The Ohio board of~~	67271
~~regents shall cooperate with the authority and provide technical~~	67272
~~assistance upon request~~Not later than December 31, 2009, the	67273
authority shall conduct a study of guaranteed tuition program	67274
plans and submit a report that contains recommendations for a new	67275
guaranteed tuition plan to the speaker of the house of	67276
representatives, the president of the senate, and the governor.	67277
The authority shall include in the report consideration of a	67278
guaranteed tuition program plan in which the risks of the plan	67279
are shared equitably among institutions of higher education, the	67280
state, the Ohio tuition trust authority, and the investors in the	67281
program.	67282

(B) Annually, the authority shall determine the weighted	67283
average tuition of four-year state universities in the academic	67284
year that begins on or after the first day of August of the	67285
current calendar year, and shall establish the price of a tuition	67286
unit in the ensuing sales period. Such price shall be based on	67287
sound actuarial principles, and shall, to the extent actuarially	67288
possible, reasonably approximate one per cent of the weighted	67289
average tuition for that academic year plus the costs of	67290
administering the program that are in excess of general revenue	67291
fund appropriations for administrative costs. The sales period to	67292
which such price applies shall consist of twelve months, and the	67293
authority by rule shall establish the date on which the sales	67294
period begins. If circumstances arise during a sales period that	67295
the authority determines causes the price of tuition units to be	67296
insufficient to ensure the actuarial soundness of the Ohio tuition	67297
trust fund, the authority may adjust the price of tuition units	67298
purchased during the remainder of the sales period. To promote the	67299
purchase of tuition units and in accordance with actuarially sound	67300
principles, the authority may adjust the sales price as part of	67301
incentive programs, such as discounting for lump sum purchases and	67302
multi-year installment plans at a fixed rate of purchase.	67303

(C) The authority may establish and administer more than one	67304
plan for the sale of tuition units within the Ohio tuition trust	67305
fund using similar principles specified in division (B) of this	67306
section or modeled after a plan that was included in the study	67307
that was conducted under division (A) of this section. If the	67308
authority establishes and administers more than one plan for the	67309
sale of tuition units, the money received under each plan shall be	67310
segregated and identified within the Ohio tuition trust fund.	67311

Sec. 3334.08. (A) Subject to division (B) of this section,	67312
in addition to any other powers conferred by this chapter, the	67313
Ohio tuition trust authority may do any of the following:	67314

(1) Impose reasonable residency requirements for	67315
beneficiaries of tuition units;	67316

(2) Impose reasonable limits on the number of tuition unit	67317
participants;	67318

(3) Impose and collect administrative fees and charges in	67319
connection with any transaction under this chapter;	67320

(4) Purchase insurance from insurers licensed to do business	67321
in this state providing for coverage against any loss in	67322
connection with the authority's property, assets, or activities or	67323
to further ensure the value of tuition units;	67324

(5) Indemnify or purchase policies of insurance on behalf of	67325
members, officers, and employees of the authority from insurers	67326
licensed to do business in this state providing for coverage for	67327
any liability incurred in connection with any civil action,	67328
demand, or claim against a director, officer, or employee by	67329
reason of an act or omission by the director, officer, or employee	67330
that was not manifestly outside the scope of the employment or	67331
official duties of the director, officer, or employee or with	67332
malicious purpose, in bad faith, or in a wanton or reckless	67333
manner;	67334

(6) Make, execute, and deliver contracts, conveyances, and	67335
other instruments necessary to the exercise and discharge of the	67336
powers and duties of the authority;	67337

(7) Promote, advertise, and publicize the Ohio college	67338
savings program and the variable college savings program;	67339

(8) Adopt rules under section 111.15 of the Revised Code for	67340
the implementation of the Ohio college savings program;	67341

(9) Contract, for the provision of all or part of the	67342
services necessary for the management and operation of the Ohio	67343
college savings program and the variable college savings program,	67344
with a bank, trust company, savings and loan association,	67345
insurance company, or licensed dealer in securities if the bank,	67346
company, association, or dealer is authorized to do business in	67347
this state and information about the contract is filed with the	67348
controlling board pursuant to division (D)(6) of section 127.16 of	67349
the Revised Code;	67350

(10) Contract for other services, or for goods, needed by the	67351
authority in the conduct of its business, including but not	67352
limited to credit card services;	67353

(11) Employ an executive director and other personnel as	67354
necessary to carry out its responsibilities under this chapter,	67355
and fix the compensation of these persons. All employees of the	67356
authority shall be in the unclassified civil service and shall be	67357
eligible for membership in the public employees retirement system.	67358
In the hiring of the executive director, the Ohio tuition trust	67359
authority shall obtain the advice and consent of the Ohio tuition	67360
trust board created in section 3334.03 of the Revised Code,	67361
provided that the executive director shall not be hired unless a	67362
majority of the board votes in favor of the hiring. In addition,	67363
the board may remove the executive director at any time subject to	67364
the advice and consent of the chancellor of the Ohio board of	67365
regents.	67366

(12) Contract with financial consultants, actuaries,	67367
auditors, and other consultants as necessary to carry out its	67368
responsibilities under this chapter;	67369

(13) Enter into agreements with any agency of the state or	67370
its political subdivisions or with private employers under which	67371
an employee may agree to have a designated amount deducted in each	67372
payroll period from the wages or salary due the employee for the	67373
purpose of purchasing tuition units pursuant to a tuition payment	67374
contract or making contributions pursuant to a variable college	67375
savings program contract;	67376

(14) Enter into an agreement with the treasurer of state	67377
under which the treasurer of state will receive, and credit to the	67378
Ohio tuition trust fund or variable college savings program fund,	67379
from any bank or savings and loan association authorized to do	67380
business in this state, amounts that a depositor of the bank or	67381
association authorizes the bank or association to withdraw	67382
periodically from the depositor's account for the purpose of	67383
purchasing tuition units pursuant to a tuition payment contract or	67384
making contributions pursuant to a variable college savings	67385
program contract;	67386

(15) Solicit and accept gifts, grants, and loans from any	67387
person or governmental agency and participate in any governmental	67388
program;	67389

(16) Impose limits on the number of units which may be	67390
purchased on behalf of or assigned or awarded to any beneficiary	67391
and on the total amount of contributions that may be made on	67392
behalf of a beneficiary;	67393

(17) Impose restrictions on the substitution of another	67394
individual for the original beneficiary under the Ohio college	67395
savings program;	67396

(18) Impose a limit on the age of a beneficiary, above which	67397
tuition units may not be purchased on behalf of that beneficiary;	67398

(19) Enter into a cooperative agreement with the treasurer of	67399
state to provide for the direct disbursement of payments under	67400
tuition payment or variable college savings program contracts;	67401

(20) Determine the other higher education expenses for which	67402
tuition units or contributions may be used;	67403

(21) Terminate any tuition payment or variable college	67404
savings program contract if no purchases or contributions are made	67405
for a period of three years or more and there are fewer than a	67406
total of five tuition units or less than a dollar amount set by	67407
rule on account, provided that notice of a possible termination	67408
shall be provided in advance, explaining any options to prevent	67409
termination, and a reasonable amount of time shall be provided	67410
within which to act to prevent a termination;	67411

(22) Maintain a separate account for each tuition payment or	67412
variable college savings program contract;	67413

(23) Perform all acts necessary and proper to carry out the	67414
duties and responsibilities of the authority pursuant to this	67415
chapter.	67416

(B) The authority shall adopt rules under section 111.15 of	67417
the Revised Code for the implementation and administration of the	67418
variable college savings program. The rules shall provide	67419
taxpayers with the maximum tax advantages and flexibility	67420
consistent with section 529 of the Internal Revenue Code and	67421
regulations adopted thereunder with regard to disposition of	67422
contributions and earnings, designation of beneficiaries, and	67423
rollover of account assets to other programs.	67424

(C) Except as otherwise specified in this chapter, the	67425
provisions of Chapters 123., 125., and 4117. of the Revised Code	67426
shall not apply to the authority. The department of administrative	67427
services shall, upon the request of the authority, act as the	67428
authority's agent for the purchase of equipment, supplies,	67429
insurance, or services, or the performance of administrative	67430
services pursuant to Chapter 125. of the Revised Code.	67431

Sec. 3334.11. (A) The assets of the Ohio tuition trust	67432
authority reserved for payment of the obligations of the authority	67433
pursuant to tuition payment contracts shall be placed in a fund,	67434
which is hereby created and shall be known as the Ohio tuition	67435
trust fund. The fund shall be in the custody of the treasurer of	67436
state, but shall not be part of the state treasury. That portion	67437
of payments received by the authority or the treasurer of state	67438
from persons purchasing tuition units under tuition payment	67439
contracts that the authority determines is actuarially necessary	67440
for the payment of obligations of the authority pursuant to	67441
tuition payment contracts, all interest and investment income	67442
earned by the fund, and all other receipts of the authority from	67443
any other source that the authority determines appropriate, shall	67444
be deposited in the fund. No purchaser or beneficiary of tuition	67445
units shall have any claim against the funds of any state	67446
institution of higher education. All investment fees and other	67447
costs incurred in connection with the exercise of the investment	67448
powers of the authority pursuant to divisions (D) and (E) of this	67449
section shall be paid from the assets of the fund.	67450

(B) Unless otherwise provided by the authority, the assets of	67451
the Ohio tuition trust fund shall be expended in the following	67452
order:	67453

(1) To make payments to beneficiaries, or institutions of	67454
higher education on behalf of beneficiaries, under division (B) of	67455
section 3334.09 of the Revised Code;	67456

(2) To make refunds as provided in divisions (A) and (C) of	67457
section 3334.10 of the Revised Code;	67458

(3) To pay the investment fees and other costs of	67459
administering the fund.	67460

(C)(1) Except as may be provided in an agreement under	67461
division (A)(19) of section 3334.08 of the Revised Code, all	67462
disbursements from the Ohio tuition trust fund shall be made by	67463
the treasurer of state on order of a designee of the authority.	67464

(2) The treasurer of state shall deposit any portion of the	67465
Ohio tuition trust fund not needed for immediate use in the same	67466
manner as state funds are deposited.	67467

(D) The authority is the trustee of the Ohio tuition trust	67468
fund. The authority shall have full power to invest the assets of	67469
the fund and in exercising this power shall be subject to the	67470
limitations and requirements contained in divisions (K) to (M) of	67471
this section and sections 145.112 and 145.113 of the Revised Code.	67472
The evidences of title of all investments shall be delivered to	67473
the treasurer of state or to a qualified trustee designated by the	67474
treasurer of state as provided in section 135.18 of the Revised	67475
Code. Assets of the fund shall be administered by the authority in	67476
a manner designed to be actuarially sound so that the assets of	67477
the fund will be sufficient to satisfy the obligations of the	67478
authority pursuant to tuition payment contracts and defray the	67479
reasonable expenses of administering the fund.	67480

(E) The ~~public employees retirement board shall, with the~~	67481
~~approval of the~~ authority~~, exercise the investment powers of the~~	67482
~~authority~~may enter into an agreement with any business, entity,	67483
or governmental agency to perform the investment duties of the	67484
authority as set forth in division (D) of this section ~~until the~~	67485
~~authority determines that assumption and exercise by the authority~~	67486
~~of the investment powers is financially and administratively~~	67487
~~feasible~~. The investment powers shall be exercised by the ~~public~~	67488
~~employees retirement board~~business, entity, or governmental	67489
agency that entered into an agreement with the authority in a	67490
manner agreed upon by the authority that maximizes the return on	67491
investment and minimizes the administrative expenses.	67492

(F)(1) The authority shall maintain a separate account for	67493
each tuition payment contract entered into pursuant to division	67494
(A) of section 3334.09 of the Revised Code for the purchase of	67495
tuition units on behalf of a beneficiary or beneficiaries showing	67496
the beneficiary or beneficiaries of that contract and the number	67497
of tuition units purchased pursuant to that contract. Upon	67498
request of any beneficiary or person who has entered into a	67499
tuition payment contract, the authority shall provide a statement	67500
indicating, in the case of a beneficiary, the number of tuition	67501
units purchased on behalf of the beneficiary, or in the case of a	67502
person who has entered into a tuition payment contract, the number	67503
of tuition units purchased, used, or refunded pursuant to that	67504
contract. A beneficiary and person that have entered into a	67505
tuition payment contract each may file only one request under this	67506
division in any year.	67507

(2) The authority shall maintain an account for each	67508
scholarship program showing the number of tuition units that have	67509
been purchased for or donated to the program and the number of	67510
tuition units that have been used. Upon the request of the entity	67511
that established the scholarship program, the authority shall	67512
provide a statement indicating these numbers.	67513

(G)(1) In addition to the Ohio tuition trust fund, there is	67514
hereby established a reserve fund that shall be in the custody of	67515
the treasurer of state but shall not be part of the state	67516
treasury, and shall be known as the Ohio tuition trust reserve	67517
fund, and an operating fund that shall be part of the state	67518
treasury, and shall be known as the Ohio tuition trust operating	67519
fund. That portion of payments received by the authority or the	67520
treasurer of state from persons purchasing tuition units under	67521
tuition payment contracts that the authority determines is not	67522
actuarially necessary for the payment of obligations of the	67523
authority pursuant to tuition payment contracts, any interest and	67524
investment income earned by the reserve fund, any administrative	67525
charges and fees imposed by the authority on transactions under	67526
this chapter or on purchasers or beneficiaries of tuition units,	67527
and all other receipts from any other source that the authority	67528
determines appropriate, shall be deposited in the reserve fund to	67529
pay the operating expenses of the authority and the costs of	67530
administering the program. The assets of the reserve fund may be	67531
invested in the same manner and subject to the same limitations	67532
set forth in divisions (D), (E), and (K) to (M) of this section	67533
and sections 145.112 and 145.113 of the Revised Code. All	67534
investment fees and other costs incurred in connection with the	67535
exercise of the investment powers shall be paid from the assets of	67536
the reserve fund. Except as otherwise provided for in this	67537
chapter, all operating expenses of the authority and costs of	67538
administering the program shall be paid from the operating fund.	67539
~~The~~	67540

(2) The treasurer shall, upon request of the authority,	67541
transfer funds from the reserve fund to the operating fund as the	67542
authority determines appropriate to pay those current operating	67543
expenses of the authority and costs of administering the program	67544
as the authority designates. Any interest or investment income	67545
earned on the assets of the operating fund shall be deposited in	67546
the operating fund.	67547

(H) In January of each year the authority shall report to	67548
each person who received any payments or refunds from the	67549
authority during the preceding year information relative to the	67550
value of the payments or refunds to assist in determining that	67551
person's tax liability.	67552

(I) The authority shall report to the tax commissioner any	67553
information, and at the times, as the tax commissioner requires to	67554
determine any tax liability that a person may have incurred during	67555
the preceding year as a result of having received any payments or	67556
refunds from the authority.	67557

(J) All records of the authority indicating the identity of	67558
purchasers and beneficiaries of tuition units or college savings	67559
bonds, the number of tuition units purchased, used, or refunded	67560
under a tuition payment contract, and the number of college	67561
savings bonds purchased, held, or redeemed are not public records	67562
within the meaning of section 149.43 of the Revised Code.	67563

(K)(1) The authority and other fiduciaries shall discharge	67564
their duties with respect to the funds with care, skill, prudence,	67565
and diligence under the circumstances then prevailing that a	67566
prudent person acting in a like capacity and familiar with such	67567
matters would use in the conduct of an enterprise of a like	67568
character and with like aims; and by diversifying the investments	67569
of the assets of the funds so as to minimize the risk of large	67570
losses, unless under the circumstances it is clearly prudent not	67571
to do so.	67572

(2) To facilitate investment of the funds, the authority may	67573
establish a partnership, trust, limited liability company,	67574
corporation, including a corporation exempt from taxation under	67575
the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C. 1, as	67576
amended, or any other legal entity authorized to transact business	67577
in this state.	67578

(L) In exercising its fiduciary responsibility with respect	67579
to the investment of the assets of the funds, it shall be the	67580
intent of the authority to give consideration to investments that	67581
enhance the general welfare of the state and its citizens where	67582
the investments offer quality, return, and safety comparable to	67583
other investments currently available to the authority. In	67584
fulfilling this intent, equal consideration shall also be given to	67585
investments otherwise qualifying under this section that involve	67586
minority owned and controlled firms and firms owned and controlled	67587
by women, either alone or in joint venture with other firms.	67588

The authority shall adopt, in regular meeting, policies,	67589
objectives, or criteria for the operation of the investment	67590
program that include asset allocation targets and ranges, risk	67591
factors, asset class benchmarks, time horizons, total return	67592
objectives, and performance evaluation guidelines. In adopting	67593
policies and criteria for the selection of agents with whom the	67594
authority may contract for the administration of the assets of the	67595
funds, the authority shall give equal consideration to minority	67596
owned and controlled firms, firms owned and controlled by women,	67597
and ventures involving minority owned and controlled firms and	67598
firms owned and controlled by women that otherwise meet the	67599
policies and criteria established by the authority. Amendments and	67600
additions to the policies and criteria shall be adopted in regular	67601
meeting. The authority shall publish its policies, objectives,	67602
and criteria under this provision no less often than annually and	67603
shall make copies available to interested parties.	67604

When reporting on the performance of investments, the	67605
authority shall comply with the performance presentation standards	67606
established by the association for investment management and	67607
research.	67608

(M) All investments shall be purchased at current market	67609
prices and the evidences of title of the investments shall be	67610
placed in the hands of the treasurer of state, who is hereby	67611
designated as custodian thereof, or in the hands of the treasurer	67612
of state's authorized agent. The treasurer of state or the agent	67613
shall collect the principal, dividends, distributions, and	67614
interest thereon as they become due and payable and place them	67615
when so collected into the custodial funds.	67616

The treasurer of state shall pay for investments purchased by	67617
the authority on receipt of written or electronic instructions	67618
from the authority or the authority's designated agent authorizing	67619
the purchase and pending receipt of the evidence of title of the	67620
investment by the treasurer of state or the treasurer of state's	67621
authorized agent. The authority may sell investments held by the	67622
authority, and the treasurer of state or the treasurer of state's	67623
authorized agent shall accept payment from the purchaser and	67624
deliver evidence of title of the investment to the purchaser on	67625
receipt of written or electronic instructions from the authority	67626
or the authority's designated agent authorizing the sale, and	67627
pending receipt of the moneys for the investments. The amount	67628
received shall be placed in the custodial funds. The authority	67629
and the treasurer of state may enter into agreements to establish	67630
procedures for the purchase and sale of investments under this	67631
division and the custody of the investments.	67632

No purchase or sale of any investment shall be made under	67633
this section except as authorized by the authority.	67634

Any statement of financial position distributed by the	67635
authority shall include fair value, as of the statement date, of	67636
all investments held by the authority under this section.	67637

Sec. 3334.111. (A) As used in this section:

67638

(1) "Minority business enterprise" has the meaning defined in	67639
section 122.71 of the Revised Code.	67640

(2) "Women's business enterprise" means a business, or a	67641
partnership, corporation, limited liability company, or joint	67642
venture of any kind, that is owned and controlled by women who are	67643
United States citizens and residents of this state.	67644

(B) The chancellor of the board of regents shall submit	67645
annually to the governor and to the general assembly (under	67646
section 101.68 of the Revised Code) a report containing the	67647
following information:	67648

(1) The name of each investment manager that is a minority	67649
business enterprise or a women's business enterprise with which	67650
the chancellor contracts;	67651

(2) The amount of assets managed by investment managers that	67652
are minority business enterprises or women's business enterprises,	67653
expressed as a percentage of assets managed by investment managers	67654
with which the chancellor has contracted;	67655

(3) Efforts by the chancellor to increase utilization of	67656
investment managers that are minority business enterprises or	67657
women's business enterprises.	67658

Sec. 3334.12. Notwithstanding anything to the contrary in	67659
sections 3334.07 and 3334.09 of the Revised Code:	67660

(A) Annually, the Ohio tuition trust authority shall have the	67661
actuarial soundness of the Ohio tuition trust fund evaluated by a	67662
nationally recognized actuary and shall determine whether	67663
additional assets are necessary to defray the obligations of the	67664
authority. If, after the authority sets the price for tuition	67665
units, circumstances arise that the executive director determines	67666
necessitate an additional evaluation of the actuarial soundness of	67667
the fund, the executive director shall have a nationally	67668
recognized actuary conduct the necessary evaluation. If the assets	67669
of the fund are insufficient to ensure the actuarial soundness of	67670
the fund, the authority shall adjust the price of subsequent	67671
purchases of tuition units to the extent necessary to help restore	67672
the actuarial soundness of the fund. If, at any time, the	67673
adjustment is likely, in the opinion of the authority, to diminish	67674
the marketability of tuition units to an extent that the continued	67675
sale of the units likely would not restore the actuarial soundness	67676
of the fund and external economic factors continue to negatively	67677
impact the soundness of the program, the authority may suspend	67678
sales, either permanently or temporarily, of tuition units. During	67679
any suspension, the authority shall continue to service existing	67680
college savings program accounts.	67681

(B) Upon termination of ~~the program~~all programs or	67682
liquidation of the Ohio tuition trust fund, the Ohio tuition trust	67683
reserve fund, and the Ohio tuition trust operating fund, any	67684
remaining assets of the funds after all obligations of the funds	67685
have been satisfied pursuant to division (B) of section 3334.11 of	67686
the Revised Code shall be transferred to the general revenue fund	67687
of the state.	67688

(C) The authority shall prepare and cause to have audited an	67689
annual financial report on all financial activity of the Ohio	67690
tuition trust authority within ninety days of the end of the	67691
fiscal year. The authority shall transmit a copy of the audited	67692
financial report to the governor, the president of the senate, the	67693
speaker of the house of representatives, and the minority leaders	67694
of the senate and the house of representatives. Copies of the	67695
audited financial report also shall be made available, upon	67696
request, to the persons entering into contracts with the authority	67697
and to prospective purchasers of tuition units and prospective	67698
contributors to variable college savings program accounts.	67699

Sec. 3343.04. The board of trustees of the Central state	67700
university shall meet in regular session at the university twice a	67701
year. ~~The first meeting shall be on the third Thursday in June,~~	67702
~~and the second on the first Thursday in November of each year.~~	67703
Other meetings may be called and held at such places as the board	67704
prescribes. A majority of the board present at any meeting shall	67705
constitute a quorum; but a majority of the board shall be	67706
necessary to elect or remove a president, business manager, or	67707
professor. The trustees shall receive no compensation for their	67708
services, but shall be paid their expenses for traveling and other	67709
reasonable and necessary expenses while engaged in the discharge	67710
of their official duties.	67711

Sec. 3345.011. "State university" means a public institution	67712
of higher education which is a body politic and corporate. Each of	67713
the following institutions of higher education shall be recognized	67714
as a state university: university of Akron, Bowling Green state	67715
university, Central state university, university of Cincinnati,	67716
Cleveland state university, Kent state university, Miami	67717
university, Ohio university, Ohio state university, Shawnee state	67718
university, university of Toledo, Wright state university, and	67719
Youngstown state university.	67720

"State institution of higher education" means any state	67721
university or college as defined in division (A)(1) of section	67722
3345.12 of the Revised Code, community college, state community	67723
college, university branch established under Chapter 3355. of the	67724
Revised Code, or technical college.	67725

"University system of Ohio" means the collective group of all	67726
of the state institutions of higher education.	67727

"Member of the university system of Ohio" means any	67728
individual state institution of higher education.	67729

Sec. 3345.062. If the partnership for continued learning,	67730
after consulting with the Ohio board of regents and the state	67731
board of education, does not complete and submit recommendations	67732
for legislative changes for the operation of the post-secondary	67733
enrollment options program, as required by division (B) of section	67734
3301.42 of the Revised Code as it existed prior to the effective	67735
date of this amendment, by the deadline prescribed in that	67736
division, each state university, as defined in section 3345.011 of	67737
the Revised Code, shall offer via the internet or interactive	67738
distance learning at least two college level courses, one each in	67739
science and mathematics, by which high school students may earn	67740
both high school and college credit. During such course, the	67741
university may include a single presentation, of not more than two	67742
minutes in length, that describes its other programs and courses.	67743
The university may assess a fee for the course required under this	67744
section of not more than one-tenth of the amount per credit hour	67745
normally assessed by the university for an undergraduate course at	67746
its main campus.	67747

Sec. 3345.12. (A) As used in this section and sections	67748
3345.07 and 3345.11 of the Revised Code, in other sections of the	67749
Revised Code that make reference to this section unless the	67750
context does not permit, and in related bond proceedings unless	67751
otherwise expressly provided:	67752

(1) "State university or college" means each of the state	67753
universities identified in section 3345.011 of the Revised Code	67754
and the northeastern Ohio universities college of medicine, and	67755
includes its board of trustees.	67756

(2) "Institution of higher education" or "institution" means	67757
a state university or college, or a community college district,	67758
technical college district, university branch district, or state	67759
community college, and includes the applicable board of trustees	67760
or, in the case of a university branch district, any other	67761
managing authority.	67762

(3) "Housing and dining facilities" means buildings,	67763
structures, and other improvements, and equipment, real estate,	67764
and interests in real estate therefor, to be used for or in	67765
connection with dormitories or other living quarters and	67766
accommodations, or related dining halls or other food service and	67767
preparation facilities, for students, members of the faculty,	67768
officers, or employees of the institution of higher education, and	67769
their spouses and families.	67770

(4) "Auxiliary facilities" means buildings, structures, and	67771
other improvements, and equipment, real estate, and interests in	67772
real estate therefor, to be used for or in connection with student	67773
activity or student service facilities, housing and dining	67774
facilities, dining halls, and other food service and preparation	67775
facilities, vehicular parking facilities, bookstores, athletic and	67776
recreational facilities, faculty centers, auditoriums, assembly	67777
and exhibition halls, hospitals, infirmaries and other medical and	67778
health facilities, research, and continuing education facilities.	67779

(5) "Education facilities" means buildings, structures, and	67780
other improvements, and equipment, real estate, and interests in	67781
real estate therefor, to be used for or in connection with,	67782
classrooms or other instructional facilities, libraries,	67783
administrative and office facilities, and other facilities, other	67784
than auxiliary facilities, to be used directly or indirectly for	67785
or in connection with the conduct of the institution of higher	67786
education.	67787

(6) "Facilities" means housing and dining facilities,	67788
auxiliary facilities, or education facilities, and includes any	67789
one, part of, or any combination of such facilities, and further	67790
includes site improvements, utilities, machinery, furnishings, and	67791
any separate or connected buildings, structures, improvements,	67792
sites, open space and green space areas, utilities or equipment to	67793
be used in, or in connection with the operation or maintenance of,	67794
or supplementing or otherwise related to the services or	67795
facilities to be provided by, such facilities.	67796

(7) "Obligations" means bonds or notes or other evidences of	67797
obligation, including interest coupons pertaining thereto,	67798
authorized to be issued under this section or section 3345.07,	67799
3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	67800
Code.	67801

(8) "Bond service charges" means principal, including any	67802
mandatory sinking fund or redemption requirements for the	67803
retirement of obligations or assurances, interest, or interest	67804
equivalent and other accreted amounts, and any call premium	67805
required to be paid on obligations or assurances.	67806

(9) "Bond proceedings" means the resolutions, trust	67807
agreement, indenture, and other agreements and credit enhancement	67808
facilities, and amendments and supplements to the foregoing, or	67809
any one or more or combination thereof, authorizing, awarding, or	67810
providing for the terms and conditions applicable to, or providing	67811
for the security or liquidity of, obligations or assurances, and	67812
the provisions contained in those obligations or assurances.	67813

(10) "Costs of facilities" means the costs of acquiring,	67814
constructing, reconstructing, rehabilitating, remodeling,	67815
renovating, enlarging, improving, equipping, or furnishing	67816
facilities, and the financing thereof, including the cost of	67817
clearance and preparation of the site and of any land to be used	67818
in connection with facilities, the cost of any indemnity and	67819
surety bonds and premiums on insurance, all related direct	67820
administrative expenses and allocable portions of direct costs of	67821
the institution of higher education or state agency, cost of	67822
engineering, architectural services, design, plans, specifications	67823
and surveys, estimates of cost, legal fees, fees and expenses of	67824
trustees, depositories, bond registrars, and paying agents for the	67825
obligations, cost of issuance of the obligations and financing	67826
costs and fees and expenses of financial advisers and consultants	67827
in connection therewith, interest on the obligations from the date	67828
thereof to the time when interest is to be covered by available	67829
receipts or other sources other than proceeds of the obligations,	67830
amounts necessary to establish reserves as required by the bond	67831
proceedings, costs of audits, the reimbursements of all moneys	67832
advanced or applied by or borrowed from the institution or others,	67833
from whatever source provided, including any temporary advances	67834
from state appropriations, for the payment of any item or items of	67835
cost of facilities, and all other expenses necessary or incident	67836
to planning or determining feasibility or practicability with	67837
respect to facilities, and such other expenses as may be necessary	67838
or incident to the acquisition, construction, reconstruction,	67839
rehabilitation, remodeling, renovation, enlargement, improvement,	67840
equipment, and furnishing of facilities, the financing thereof and	67841
the placing of them in use and operation, including any one, part	67842
of, or combination of such classes of costs and expenses.	67843

(11) "Available receipts" means all moneys received by the	67844
institution of higher education, including income, revenues, and	67845
receipts from the operation, ownership, or control of facilities	67846
or entrepreneurial projects, grants, gifts, donations, and pledges	67847
and receipts therefrom, receipts from fees and charges, and the	67848
proceeds of the sale of obligations or assurances, including	67849
proceeds of obligations or assurances issued to refund obligations	67850
or assurances previously issued, but excluding any special fee,	67851
and receipts therefrom, charged pursuant to division (D) of	67852
section 154.21 of the Revised Code.	67853

(12) "Credit enhancement facilities" has the meaning given in	67854
division (H) of section 133.01 of the Revised Code.	67855

(13) "Financing costs" has the meaning given in division (K)	67856
of section 133.01 of the Revised Code.	67857

(14) "Interest" or "interest equivalent" has the meaning	67858
given in division (R) of section 133.01 of the Revised Code.	67859

(15) "Assurances" means bonds, notes, or other evidence of	67860
indebtedness, including interest coupons pertaining thereto,	67861
authorized to be issued under section 3345.36 of the Revised Code.	67862

(16) "Entrepreneurial project" has the same meaning as in	67863
section 3345.36 of the Revised Code.	67864

(17) "Costs of entrepreneurial projects" means any costs	67865
related to the establishment or development of entrepreneurial	67866
projects pursuant to a resolution adopted under section 3345.36 of	67867
the Revised Code.	67868

(B) Obligations issued under section 3345.07 or 3345.11 of	67869
the Revised Code by a state university or college shall be	67870
authorized by resolution of its board of trustees. Obligations	67871
issued by any other institution of higher education shall be	67872
authorized by resolution of its board of trustees, or managing	67873
directors in the case of certain university branch districts, as	67874
applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code	67875
apply to obligations and assurances. Obligations and assurances	67876
may be issued to pay costs of facilities or entrepreneurial	67877
projects even if the institution anticipates the possibility of a	67878
future state appropriation to pay all or a portion of such costs.	67879

(C) Obligations and assurances shall be secured by a pledge	67880
of and lien on all or such part of the available receipts of the	67881
institution of higher education as it provides for in the bond	67882
proceedings, excluding moneys raised by taxation and state	67883
appropriations except as permitted by section 3333.90 of the	67884
Revised Code. Such pledge and lien may be made prior to all other	67885
expenses, claims, or payments, excepting any pledge of such	67886
available receipts previously made to the contrary and except as	67887
provided by any existing restrictions on the use thereof, or such	67888
pledge and lien may be made subordinate to such other expenses,	67889
claims, or payments, as provided in the bond proceedings.	67890
Obligations or assurances may be additionally secured by covenants	67891
of the institution to make, fix, adjust, collect, and apply such	67892
charges, rates, fees, rentals, and other items of available	67893
receipts as will produce pledged available receipts sufficient	67894
to meet bond service charges, reserve, and other requirements	67895
provided for in the bond proceedings. Notwithstanding this and	67896
any other sections of the Revised Code, the holders or owners of	67897
the obligations or assurances shall not be given the right and	67898
shall have no right to have excises or taxes levied by the	67899
general assembly for the payment of bond service charges thereon,	67900
and each such obligation or assurance shall bear on its face a	67901
statement to that effect and to the effect that the right to such	67902
payment is limited to the available receipts and special funds	67903
pledged to such purpose under the bond proceedings.	67904

All pledged available receipts and funds and the proceeds of	67905
obligations or assurances are trust funds and, subject to the	67906
provisions of this section and the applicable bond proceedings,	67907
shall be held, deposited, invested, reinvested, disbursed,	67908
applied, and used to such extent, in such manner, at such times,	67909
and for such purposes, as are provided in the bond proceedings.	67910

(D) The bond proceedings for obligations or assurances shall	67911
provide for the purpose thereof and the principal amount or	67912
maximum principal amount, and provide for or authorize the manner	67913
of determining the principal maturity or maturities, the sale	67914
price including any permitted discount, the interest rate or	67915
rates, which may be a variable rate or rates, or the maximum	67916
interest rate, the date of the obligations or assurances and the	67917
date or dates of payment of interest thereon, their	67918
denominations, the manner of sale thereof, and the establishment	67919
within or without the state of a place or places of payment of	67920
bond service charges. The bond proceedings also shall provide for	67921
a pledge of and lien on available receipts of the institution of	67922
higher education as provided in division (C) of this section, and	67923
a pledge of and lien on such fund or funds provided in the bond	67924
proceedings arising from available receipts, which pledges and	67925
liens may provide for parity with obligations or assurances	67926
theretofore or thereafter issued by the institution. The available	67927
receipts so pledged and thereafter received by the institution and	67928
the funds so pledged are immediately subject to the lien of such	67929
pledge without any physical delivery thereof or further act, and	67930
the lien of any such pledge is valid and binding against all	67931
parties having claims of any kind against the institution,	67932
irrespective of whether such parties have notice thereof, and	67933
shall create a perfected security interest for all purposes of	67934
Chapter 1309. of the Revised Code, without the necessity for	67935
separation or delivery of funds or for the filing or recording of	67936
the bond proceedings by which such pledge is created or any	67937
certificate, statement, or other document with respect thereto;	67938
and the pledge of such available receipts and funds shall be	67939
effective and the money therefrom and thereof may be applied to	67940
the purposes for which pledged without necessity for any act of	67941
appropriation.	67942

(E) The bond proceedings may contain additional provisions	67943
customary or appropriate to the financing or to the obligations or	67944
assurances or to particular obligations and assurances,	67945
including:	67946

(1) The acquisition, construction, reconstruction, equipment,	67947
furnishing, improvement, operation, alteration, enlargement,	67948
maintenance, insurance, and repair of facilities or	67949
entrepreneurial projects, and the duties of the institution of	67950
higher education with reference thereto;	67951

(2) The terms of the obligations or assurances, including	67952
provisions for their redemption prior to maturity at the option of	67953
the institution of higher education at such price or prices and	67954
under such terms and conditions as are provided in the bond	67955
proceedings;	67956

(3) Limitations on the purposes to which the proceeds of the	67957
obligations or assurances may be applied;	67958

(4) The rates or rentals or other charges for the use of or	67959
right to use the facilities or entrepreneurial projects financed	67960
by the obligations or assurances, or other properties the	67961
revenues or receipts from which are pledged to the obligations or	67962
assurances, and rules for assuring any applicable use and	67963
occupancy thereof, including limitations upon the right to modify	67964
such rates, rentals, other charges, or regulations;	67965

(5) The use and expenditure of the pledged available receipts	67966
in such manner and to such extent as shall be determined, which	67967
may include provision for the payment of the expenses of	67968
operation, maintenance, and repair of facilities or	67969
entrepreneurial projects so that such expenses, or part thereof,	67970
shall be paid or provided as a charge prior or subsequent to the	67971
payment of bond service charges and any other payments required	67972
to be made by the bond proceedings;	67973

(6) Limitations on the issuance of additional obligations or	67974
assurances;	67975

(7) The terms of any trust agreement or indenture securing	67976
the obligations or assurances or under which the same may be	67977
issued;	67978

(8) The deposit, investment, and application of funds, and	67979
the safeguarding of funds on hand or on deposit without regard to	67980
Chapter 131. or 135. of the Revised Code, and any bank or trust	67981
company or other financial institution that acts as depository of	67982
any moneys under the bond proceedings shall furnish such	67983
indemnifying bonds or pledge such securities as required by the	67984
bond proceedings or otherwise by the institution of higher	67985
education;	67986

(9) The binding effect of any or every provision of the bond	67987
proceedings upon such officer, board, commission, authority,	67988
agency, department, or other person or body as may from time to	67989
time have the authority under law to take such actions as may be	67990
necessary to perform all or any part of the duty required by such	67991
provision;	67992

(10) Any provision that may be made in a trust agreement or	67993
indenture;	67994

(11) Any other or additional agreements with respect to the	67995
facilities of the institution of higher education or its	67996
entrepreneurial projects, their operation, the available receipts	67997
and funds pledged, and insurance of facilities or	67998
entrepreneurial projects and of the institution, its officers and	67999
employees.	68000

(F) Such obligations or assurances may have the seal of the	68001
institution of higher education or a facsimile thereof affixed	68002
thereto or printed thereon and shall be executed by such officers	68003
as are designated in the bond proceedings, which execution may be	68004
by facsimile signatures. Any obligations or assurances may be	68005
executed by an officer who, on the date of execution, is the	68006
proper officer although on the date of such obligations or	68007
assurances such person was not the proper officer. In case any	68008
officer whose signature or a facsimile of whose signature appears	68009
on any such obligation or assurance ceases to be such officer	68010
before delivery thereof, such signature or facsimile is	68011
nevertheless valid and sufficient for all purposes as if the	68012
person had remained such officer until such delivery; and in case	68013
the seal of the institution has been changed after a facsimile	68014
of the seal has been imprinted on such obligations or	68015
assurances, such facsimile seal continues to be sufficient as	68016
to such obligations or assurances and obligations or assurances	68017
issued in substitution or exchange therefor.	68018

(G) All such obligations or assurances are negotiable	68019
instruments and securities under Chapter 1308. of the Revised	68020
Code, subject to the provisions of the bond proceedings as to	68021
registration. The obligations or assurances may be issued in	68022
coupon or in registered form, or both. Provision may be made for	68023
the registration of any obligations or assurances with coupons	68024
attached thereto as to principal alone or as to both principal	68025
and interest, their exchange for obligations or assurances so	68026
registered, and for the conversion or reconversion into	68027
obligations or assurances with coupons attached thereto of any	68028
obligations or assurances registered as to both principal and	68029
interest, and for reasonable charges for such registration,	68030
exchange, conversion, and reconversion.	68031

(H) Pending preparation of definitive obligations or	68032
assurances, the institution of higher education may issue interim	68033
receipts or certificates which shall be exchanged for such	68034
definitive obligations or assurances.	68035

(I) Such obligations or assurances may be secured	68036
additionally by a trust agreement or indenture between the	68037
institution of higher education and a corporate trustee, which	68038
may be any trust company or bank having the powers of a trust	68039
company within or without this state but authorized to exercise	68040
trust powers within this state. Any such agreement or indenture	68041
may contain the resolution authorizing the issuance of the	68042
obligations or assurances, any provisions that may be contained	68043
in the bond proceedings as authorized by this section, and other	68044
provisions which are customary or appropriate in an agreement or	68045
indenture of such type, including:	68046

(1) Maintenance of each pledge, trust agreement, and	68047
indenture, or other instrument comprising part of the bond	68048
proceedings until the institution of higher education has fully	68049
paid the bond service charges on the obligations or assurances	68050
secured thereby, or provision therefor has been made;	68051

(2) In the event of default in any payments required to be	68052
made by the bond proceedings, or any other agreement of the	68053
institution of higher education made as a part of the contract	68054
under which the obligations or assurances were issued, enforcement	68055
of such payments or agreement by mandamus, the appointment of a	68056
receiver, suit in equity, action at law, or any combination of	68057
the foregoing;	68058

(3) The rights and remedies of the holders of obligations or	68059
assurances and of the trustee, and provisions for protecting and	68060
enforcing them, including limitations on rights of individual	68061
holders of obligations or assurances;	68062

(4) The replacement of any obligations or assurances that	68063
become mutilated or are destroyed, lost, or stolen;	68064

(5) Such other provisions as the trustee and the institution	68065
of higher education agree upon, including limitations, conditions,	68066
or qualifications relating to any of the foregoing.	68067

(J) Each duty of the institution of higher education and its	68068
officers or employees, undertaken pursuant to the bond proceedings	68069
or any related agreement or lease made under authority of law, is	68070
hereby established as a duty of such institution, and of each such	68071
officer or employee having authority to perform such duty,	68072
specially enjoined by law resulting from an office, trust, or	68073
station within the meaning of section 2731.01 of the Revised Code.	68074
The persons who are at the time the members of the board of	68075
trustees or the managing directors of the institution or its	68076
officers or employees are not liable in their personal capacities	68077
on such obligations or assurances, or lease, or other agreement of	68078
the institution.	68079

(K) The authority to issue obligations or assurances includes	68080
authority to:	68081

(1) Issue obligations or assurances in the form of bond	68082
anticipation notes and to renew them from time to time by the	68083
issuance of new notes. Such notes are payable solely from the	68084
available receipts and funds that may be pledged to the payment of	68085
such bonds, or from the proceeds of such bonds or renewal notes,	68086
or both, as the institution of higher education provides in its	68087
resolution authorizing such notes. Such notes may be additionally	68088
secured by covenants of the institution to the effect that it	68089
will do such or all things necessary for the issuance of such	68090
bonds or renewal notes in appropriate amount, and either	68091
exchange such bonds or renewal notes therefor or apply the	68092
proceeds thereof to the extent necessary, to make full payment	68093
of the bond service charges on such notes at the time or times	68094
contemplated, as provided in such resolution. Subject to the	68095
provisions of this division, all references to obligations or	68096
assurances in this section apply to such anticipation notes.	68097

(2) Issue obligations or assurances to refund, including	68098
funding and retirement of, obligations or assurances previously	68099
issued to pay costs of facilities or entrepreneurial projects.	68100
Such obligations or assurances may be issued in amounts sufficient	68101
for payment of the principal amount of the obligations or	68102
assurances to be so refunded, any redemption premiums thereon,	68103
principal maturities of any obligations or assurances maturing	68104
prior to the redemption of any other obligations or assurances on	68105
a parity therewith to be so refunded, interest accrued or to	68106
accrue to the maturity date or dates of redemption of such	68107
obligations or assurances, and any expenses incurred or to be	68108
incurred in connection with such refunding or the issuance of the	68109
obligations or assurances.	68110

(L) Obligations and assurances are lawful investments for	68111
banks, societies for savings, savings and loan associations,	68112
deposit guarantee associations, trust companies, trustees,	68113
fiduciaries, insurance companies, including domestic for life and	68114
domestic not for life, trustees or other officers having charge	68115
of sinking and bond retirement or other special funds of	68116
political subdivisions and taxing districts of this state, the	68117
commissioners of the sinking fund, the administrator of workers'	68118
compensation in accordance with the investment policy approved by	68119
the bureau of workers' compensation board of directors pursuant	68120
to section 4121.12 of the Revised Code, the state teachers	68121
retirement system, the public employees retirement system, the	68122
school employees retirement system, and the Ohio police and fire	68123
pension fund, notwithstanding any other provisions of the	68124
Revised Code or rules adopted pursuant thereto by any state	68125
agency with respect to investments by them, and are also	68126
acceptable as security for the deposit of public moneys.	68127

(M) All facilities or entrepreneurial projects purchased,	68128
acquired, constructed, or owned by an institution of higher	68129
education, or financed in whole or in part by obligations or	68130
assurances issued by an institution, and used for the purposes	68131
of the institution or other publicly owned and controlled	68132
college or university, is public property used exclusively for a	68133
public purpose, and such property and the income therefrom is	68134
exempt from all taxation and assessment within this state,	68135
including ad valorem and excise taxes. The obligations or	68136
assurances, the transfer thereof, and the income therefrom,	68137
including any profit made on the sale thereof, are at all times	68138
free from taxation within the state. The transfer of tangible	68139
personal property by lease under authority of this section or	68140
section 3345.07, 3345.11, 3345.36, 3354.121, 3355.091, 3357.112,	68141
or 3358.10 of the Revised Code is not a sale as used in Chapter	68142
5739. of the Revised Code.	68143

(N) The authority granted by this section is cumulative with	68144
the authority granted to institutions of higher education under	68145
Chapter 154. of the Revised Code, and nothing in this section	68146
impairs or limits the authority granted by Chapter 154. of the	68147
Revised Code. In any lease, agreement, or commitment made by an	68148
institution of higher education under Chapter 154. of the Revised	68149
Code, it may agree to restrict or subordinate any pledge it may	68150
thereafter make under authority of this section.	68151

(O) Title to lands acquired under this section and sections	68152
3345.07 and 3345.11 of the Revised Code by a state university or	68153
college shall be taken in the name of the state.	68154

(P) Except where costs of facilities or entrepreneurial	68155
projects are to be paid in whole or in part from funds	68156
appropriated by the general assembly, section 125.81 of the	68157
Revised Code and the requirement for certification with respect	68158
thereto under section 153.04 of the Revised Code do not apply to	68159
such facilities or entrepreneurial projects.	68160

(Q) A state university or college may sell or lease lands or	68161
interests in land owned by it or by the state for its use, or	68162
facilities authorized to be acquired or constructed by it under	68163
section 3345.07 or 3345.11 of the Revised Code, to permit the	68164
purchasers or lessees thereof to acquire, construct, equip,	68165
furnish, reconstruct, alter, enlarge, remodel, renovate,	68166
rehabilitate, improve, maintain, repair, or maintain and operate	68167
thereon and to provide by lease or otherwise to such institution,	68168
facilities authorized in section 3345.07 or 3345.11 of the Revised	68169
Code or entrepreneurial projects authorized under section 3345.36	68170
of the Revised Code. Such land or interests therein shall be sold	68171
for such appraised value, or leased, and on such terms as the	68172
board of trustees determines. All deeds or other instruments	68173
relating to such sales or leases shall be executed by such	68174
officer of the state university or college as the board of	68175
trustees designates. The state university or college shall hold,	68176
invest, or use the proceeds of such sales or leases for the same	68177
purposes for which proceeds of borrowings may be used under	68178
sections 3345.07 and 3345.11 of the Revised Code or, if the	68179
proceeds relate to the sale or lease of entrepreneurial projects,	68180
for purposes of section 3345.36 of the Revised Code.	68181

(R) An institution of higher education may pledge available	68182
receipts, to the extent permitted by division (C) of this section	68183
with respect to obligations, to secure the payments to be made by	68184
it under any lease, lease with option to purchase, or	68185
lease-purchase agreement authorized under this section or section	68186
3345.07, 3345.11, 3345.36, 3354.121, 3355.091, 3357.112, or	68187
3358.10 of the Revised Code.	68188

Sec. 3345.32. (A) As used in this section:

68189

(1) "State university or college" means the institutions	68190
described in section 3345.27 of the Revised Code and the	68191
northeastern Ohio universities college of medicine.	68192

(2) "Resident" has the meaning specified by rule of the	68193
chancellor of the Ohio board of regents.	68194

(3) "Statement of selective service status" means a statement	68195
certifying one of the following:	68196

(a) That the individual filing the statement has registered	68197
with the selective service system in accordance with the "Military	68198
Selective Service Act," 62 Stat. 604, 50 U.S.C. App. 453, as	68199
amended;	68200

(b) That the individual filing the statement is not required	68201
to register with the selective service for one of the following	68202
reasons:	68203

(i) The individual is under eighteen or over twenty-six years	68204
of age.	68205

(ii) The individual is on active duty with the armed forces	68206
of the United States other than for training in a reserve or	68207
national guard unit.	68208

(iii) The individual is a nonimmigrant alien lawfully in the	68209
United States in accordance with section 101 (a)(15) of the	68210
"Immigration and Nationality Act," 8 U.S.C. 1101, as amended.	68211

(iv) The individual is not a citizen of the United States and	68212
is a permanent resident of the Trust Territory of the Pacific	68213
Islands or the Northern Mariana Islands.	68214

(4) "Institution of higher education" means any eligible	68215
institution approved by the United States department of education	68216
pursuant to the "Higher Education Act of 1965," 79 Stat. 1219, as	68217
amended, or any institution whose students are eligible for	68218
financial assistance under any of the programs described by	68219
division (E) of this section.	68220

(B) The chancellor shall, by rule, specify the form of	68221
statements of selective service status to be filed in compliance	68222
with divisions (C) to (F) of this section. Each statement of	68223
selective service status shall contain a section wherein a male	68224
student born after December 31, 1959, certifies that the student	68225
has registered with the selective service system in accordance	68226
with the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C.	68227
App. 453, as amended. For those students not required to register	68228
with the selective service, as specified in divisions	68229
(A)(2)(b)(i) to (iv) of this section, a section shall be provided	68230
on the statement of selective service status for the	68231
certification of nonregistration and for an explanation of the	68232
reason for the exemption. The chancellor may require that such	68233
statements be accompanied by documentation specified by rule of	68234
the chancellor.	68235

(C) A state university or college that enrolls in any course,	68236
class, or program a male student born after December 31, 1959, who	68237
has not filed a statement of selective service status with the	68238
university or college shall, regardless of the student's	68239
residency, charge the student any tuition surcharge charged	68240
students who are not residents of this state.	68241

(D) No male born after December 31, 1959, shall be eligible	68242
to receive any loan, grant, scholarship, or other financial	68243
assistance for educational expenses granted under section 3315.33,	68244
3333.12, 3333.122, 3333.21, 3333.22, 3333.26, ~~3333.27,~~3333.391,	68245
5910.03, 5910.032, or 5919.34 of the Revised Code, financed by an	68246
award under the choose Ohio first scholarship program established	68247
under section 3333.61 of the Revised Code, or financed by an	68248
award under the Ohio co-op/internship program established under	68249
section 3333.72 of the Revised Code, unless that person has	68250
filed a statement of selective service status with that person's	68251
institution of higher education.	68252

(E) If an institution of higher education receives a	68253
statement from an individual certifying that the individual has	68254
registered with the selective service system in accordance with	68255
the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App.	68256
453, as amended or that the individual is exempt from registration	68257
for a reason other than that the individual is under eighteen	68258
years of age, the institution shall not require the individual to	68259
file any further statements. If it receives a statement certifying	68260
that the individual is not required to register because the	68261
individual is under eighteen years of age, the institution shall	68262
require the individual to file a new statement of selective	68263
service status each time the individual seeks to enroll for a new	68264
academic term or makes application for a new loan or loan	68265
guarantee or for any form of financial assistance for educational	68266
expenses, until it receives a statement certifying that the	68267
individual has registered with the selective service system or is	68268
exempt from registration for a reason other than that the	68269
individual is under eighteen years of age.	68270

Sec. 3345.36. (A) For purposes of this section:

68271

(1) "Entrepreneurial project" means an effort to develop or	68272
commercialize technology through research or technology transfer	68273
or investment of real or personal property, or both, including	68274
undivided and other interests therein, acquired by gift or	68275
purchase, constructed, reconstructed, enlarged, improved,	68276
furnished, or equipped, or any combination thereof, by an	68277
institution of higher education or by others.	68278

(2) "Governmental agency" has the same meaning as in section	68279
166.01 of the Revised Code.	68280

(3) "Person" means individuals or entities engaged in	68281
industry, commerce, distribution, or research.	68282

(4) "Institution of higher education" has the same meaning as	68283
in section 3345.12 of the Revised Code.	68284

(5) "Stock or other ownership" means equity or other	68285
ownership rights held or received in return for the grant of	68286
rights to intellectual property developed by an institution of	68287
higher education. "Stock or other ownership" excludes equity or	68288
other ownership rights held or received in return for the	68289
investment of money.	68290

(B) To create or preserve jobs and employment opportunities	68291
and to improve the economic welfare of the people of the state	68292
pursuant to Section 13 of Article VIII, Ohio Constitution, it is	68293
hereby declared to be the public policy of the state for	68294
institutions of higher education to facilitate and assist with	68295
establishing and developing entrepreneurial projects or to assist	68296
and cooperate with any governmental agency in achieving such	68297
purpose. An entrepreneurial project is hereby determined to	68298
qualify as property, structures, equipment, and facilities	68299
described in Section 13 of Article VIII, Ohio Constitution.	68300

In furtherance of such public policy, and pursuant to Section	68301
13 of Article VIII, Ohio Constitution, a board of trustees of an	68302
institution of higher education may do any of the following by	68303
resolution:	68304

(1) Enter into an agreement with persons and with	68305
governmental agencies to induce such persons to acquire,	68306
construct, reconstruct, rehabilitate, renovate, enlarge, improve,	68307
equip, furnish, or otherwise develop entrepreneurial projects;	68308

(2) Acquire stock or other ownership in an entrepreneurial	68309
project or a legal entity formed in connection with an	68310
entrepreneurial project;	68311

(3) Make or guarantee loans and borrow money and issue bonds,	68312
notes, or other evidence of indebtedness to provide moneys for the	68313
acquisition, construction, enlargement, improvement, equipment,	68314
maintenance, repair, or operation of entrepreneurial projects,	68315
provided that such bonds, notes, or other evidence of indebtedness	68316
shall not constitute debt for which the full faith and credit of	68317
the state or an instrumentality or political subdivision of the	68318
state may be pledged and moneys raised by taxation shall not be	68319
obligated or pledged for their repayment.	68320

Sec. 3345.61. As used in this section and sections 3345.62	68321
to 3345.66 of the Revised Code:	68322

(A) "Avoided capital costs" means a measured reduction in the	68323
cost of future equipment or other capital purchases that results	68324
from implementation of one or more energy or water conservation	68325
measures, when compared to an established baseline for previous	68326
such cost.	68327

(B) "Board of trustees of a state institution of higher	68328
education" means the board of trustees of a state institution of	68329
higher education as defined in section 3345.011 of the Revised	68330
Code.	68331

~~(B)~~(C) "Energy conservation measure" means an installation	68332
or modification of an installation in, or a remodeling of, an	68333
existing building in order to reduce energy consumption ~~and~~	68334
~~operating costs~~. The term includes any of the following:	68335

(1) Installation or modification of insulation in the	68336
building structure and systems within the building;	68337

(2) Installation or modification of a storm ~~windows and doors~~	68338
window or door, a multiglazed ~~windows and doors~~window or door,	68339
~~and~~ or a heat absorbing or heat reflective glazed and coated	68340
window and door ~~systems~~system; installation of additional	68341
glazing; ~~reductions~~a reduction in glass area; ~~and~~or other window	68342
~~and~~or door system ~~modifications~~modification that ~~reduce~~reduces	68343
energy consumption and operating costs;	68344

(3) Installation or modification of an automatic energy	68345
control ~~systems~~system;	68346

(4) Replacement or modification of a heating, ventilating, or	68347
air conditioning ~~systems~~system;	68348

(5) Application of caulking and weatherstripping;

68349

(6) Replacement or modification of a lighting ~~fixtures~~	68350
fixture to increase the energy efficiency of the system without	68351
increasing the overall illumination of a facility, unless such	68352
increase in illumination is necessary to conform to the applicable	68353
state or local building code for the proposed lighting system;	68354

(7) Installation or modification of an energy recovery	68355
~~systems~~system;	68356

(8) Installation or modification of cogeneration systems that	68357
produce steam or forms of energy such as heat, as well as	68358
electricity, for use primarily within a building or complex of	68359
buildings;	68360

(9) Any other modification, installation, or remodeling	68361
approved by the board of trustees of a state institution of higher	68362
education as an energy conservation measure for one or more	68363
buildings owned by the institution.	68364

~~(C)~~(D) "Energy saving measure" means the acquisition and	68365
installation, by purchase, lease, lease-purchase, lease with an	68366
option to buy, or installment purchase, of an energy conservation	68367
measure and any attendant architectural and engineering consulting	68368
services.	68369

(E) "Energy, water, or wastewater cost savings" means a	68370
measured reduction in, as applicable, the cost of fuel, energy or	68371
water consumption, wastewater production, or stipulated operation	68372
or maintenance resulting from the implementation of one or more	68373
energy or water conservation measures, when compared to an	68374
established baseline for previous such costs, respectively.	68375

(F) "Operating cost savings" means a measured reduction in	68376
the cost of stipulated operation or maintenance created by the	68377
installation of new equipment or implementation of a new service,	68378
when compared with an established baseline for previous such	68379
stipulated costs.	68380

(G) "Water conservation measure" means an installation or	68381
modification of an installation in, or a remodeling of, an	68382
existing building or the surrounding grounds in order to reduce	68383
water consumption. The term includes any of the following:	68384

(1) Water-conserving fixture, appliance, or equipment, or the	68385
substitution of a nonwater-using fixture, appliance, or equipment;	68386

(2) Water-conserving, landscape irrigation equipment;

68387

(3) Landscaping measure that reduces storm water runoff	68388
demand and capture and hold applied water and rainfall, including	68389
landscape contouring such as the use of a berm, swale, or terrace	68390
and including the use of a soil amendment, including compost, that	68391
increases the water-holding capacity of the soil;	68392

(4) Rainwater harvesting equipment or equipment to make use	68393
of water collected as part of a storm water system installed for	68394
water quality control;	68395

(5) Equipment for recycling or reuse of water originating on	68396
the premises or from another source, including treated, municipal	68397
effluent;	68398

(6) Equipment needed to capture water for nonpotable uses	68399
from any nonconventional, alternate source, including air	68400
conditioning condensate or gray water;	68401

(7) Any other modification, installation, or remodeling	68402
approved by the board of trustees of a state institution of higher	68403
education, as defined in section 3345.011 of the Revised Code, as	68404
a water conservation measure for one or more buildings or the	68405
surrounding grounds owned by the institution.	68406

(H) "Water saving measure" means the acquisition and	68407
installation, by the purchase, lease, lease-purchase, lease with	68408
an option to buy, or installment purchases of a water conservation	68409
measure and any attendant architectural and engineering consulting	68410
services.	68411

Sec. 3345.62. The board of trustees of a state institution	68412
of higher education may contract with an energy or water services	68413
company, architect, professional engineer, contractor, or other	68414
person experienced in the design and implementation of energy or	68415
water conservation measures for a report containing an analysis	68416
and recommendations pertaining to the implementation of energy or	68417
water conservation measures that would ~~significantly reduce~~result	68418
in energy ~~consumption and~~, water, or wastewater cost savings,	68419
operating ~~costs in buildings owned by~~cost savings, or avoided	68420
capital costs for the institution. The report shall include	68421
estimates of all costs of such installations, including the costs	68422
of design, engineering, installation, maintenance, repairs, and	68423
debt service, and estimates of the ~~amounts by which~~ energy	68424
~~consumption and~~, water, or wastewater cost savings, operating	68425
~~costs would be reduced~~cost savings, and avoided capital costs	68426
created.	68427

Sec. 3345.63. If the board of trustees of a state	68428
institution of higher education wishes to enter into a contract,	68429
other than an installment payment contract provided under section	68430
3345.64 of the Revised Code, to implement one or more energy or	68431
water saving measures, the board may proceed under the applicable	68432
competitive bidding requirements in Chapter 153. or section	68433
3354.16, 3355.12, 3357.16, or 3358.10 of the Revised Code or,	68434
notwithstanding those requirements, may enter into such a contract	68435
as provided in section 3345.65 of the Revised Code.	68436

Sec. 3345.64. In accordance with this section, the board of	68437
trustees of a state institution of higher education may enter into	68438
an installment payment contract for the implementation of one or	68439
more energy or water saving measures. Any such contract shall be	68440
subject to the competitive bidding requirements of Chapter 153. or	68441
section 3354.16, 3355.12, 3357.16, or 3358.10 of the Revised Code,	68442
as applicable to each such board, except as follows:	68443

(A) If the board does not exempt the entire installment	68444
payment contract from the applicable competitive bidding	68445
requirements pursuant to division (B) of this section, the	68446
provisions of the contract dealing with interest charges and	68447
financing terms shall not be subject to the applicable competitive	68448
bidding requirements. Each such contract shall require repayment	68449
on the following terms:	68450

(1) Not less than one-~~tenth~~fifteenth of the costs of the	68451
contract shall be paid within two years from the date of purchase;	68452

(2)~~(a)~~ The remaining balance of the costs of the contract~~, in~~	68453
~~the case of an installment payment contract for a cogeneration~~	68454
~~system described in division (B)(8) of section 3345.61 of the~~	68455
~~Revised Code,~~ shall be paid within ~~five~~fifteen years from the	68456
date of purchase;	68457

~~(b) The remaining balance of the costs of the contract, in~~	68458
~~the case of an installment payment contract for an energy saving~~	68459
~~measure that is not a cogeneration system, shall be paid within~~	68460
~~ten years from the date of purchase~~.	68461

(B) The board by majority vote may exempt from the applicable	68462
competitive bidding requirements an entire installment payment	68463
contract for the implementation of energy or water saving measures	68464
pursuant to this section and instead of those requirements shall	68465
enter into the contract as provided in section 3345.65 of the	68466
Revised Code.	68467

Sec. 3345.65. To enter into a contract under this section	68468
pursuant to section 3345.63 or division (B) of section 3345.64 of	68469
the Revised Code, a board of trustees of a state institution of	68470
higher education shall request proposals from at least three	68471
parties for the implementation of energy or water saving measures.	68472
Prior to providing any interested party a copy of any such	68473
request, the board shall advertise, in a newspaper of general	68474
circulation in the county where the contract is to be performed,	68475
its intent to request proposals for the implementation of energy	68476
or water saving measures. The notice shall invite interested	68477
parties to submit proposals for consideration and shall be	68478
published at least thirty days prior to the date for accepting	68479
proposals.	68480

Upon receiving the proposals, the board shall analyze them.	68481
After considering the cost estimates of each proposal, how	68482
qualified each party submitting a proposal is to implement its	68483
proposal, and the institution's ability to pay for each with	68484
current revenues or by financing the cost of each, the board may	68485
select one or more proposals or, instead, reject all proposals. In	68486
selecting proposals, the board shall select the proposal or	68487
proposals most likely to result in the greatest savings when the	68488
cost of the proposal is compared to the ~~reduced~~ energy ~~and~~, water,	68489
or wastewater cost savings, operating cost savings, and avoided	68490
capital costs that will result from implementing the proposal.	68491

No board shall award a contract to implement energy or water	68492
saving measures under this section unless the board finds that ~~one~~	68493
~~or both of the following circumstances exists, as applicable:~~	68494

~~(A) In the case of a contract for a cogeneration system~~	68495
~~described in division (B)(8) of section 3345.61 of the Revised~~	68496
~~Code,~~ the cost of the contract is not likely to exceed the amount	68497
of ~~money the board would save in~~ energy ~~and~~, water, or wastewater	68498
savings, operating cost savings, and avoided capital costs over no	68499
more than ~~five~~fifteen years;	68500

~~(B) In the case of any contract for any energy saving measure~~	68501
~~other than a cogeneration system, the cost of the contract is not~~	68502
~~likely to exceed the amount of money the board would save in~~	68503
~~energy and operating costs over no more than ten years~~.	68504

Sec. 3345.66. The board of trustees of a state institution	68505
of higher education may issue notes of the institution signed by	68506
the ~~chairman~~chairperson and treasurer or other chief fiscal	68507
officer of the board and specifying the terms of the purchase and	68508
securing the payments provided in section 3345.64 of the Revised	68509
Code, payable at the times provided and bearing interest at a rate	68510
not exceeding a rate determined under section 9.95 of the Revised	68511
Code. The notes may contain an option for prepayment and are not	68512
subject to Chapter 133. of the Revised Code. Revenues derived from	68513
any source, other than money appropriated by the general assembly,	68514
that may be used for the purpose of ~~conserving~~implementing energy	68515
or water saving measures or for defraying the current operating	68516
expenses of the institution may be pledged to the payment of	68517
interest and the retirement of such notes. The notes may be sold	68518
at private sale or given to the contractor under the installment	68519
payment contract authorized by section 3345.64 of the Revised	68520
Code.	68521

Sec. 3349.242. Any agreement authorized by section 3349.241	68522
of the Revised Code may provide for the amounts of such	68523
participation by such school district or districts in the	68524
development, maintenance, and operation of such municipal	68525
university, but no funds granted to school districts under Chapter	68526
3306. or 3317. of the Revised Code shall be used for such	68527
purposes. By the terms of any such agreement the school district	68528
or districts and their residents shall be entitled to the	68529
educational advantages of said municipal university at the same	68530
rate of tuition, fees, and other charges as are provided for the	68531
residents of the municipal corporation in which such municipal	68532
university is situated.	68533

Sec. 3351.07. (A) For the purposes of this chapter,	68534
"approved lender" means any bank as defined in section 1101.01 of	68535
the Revised Code, any domestic savings and loan association as	68536
defined in section 1151.01 of the Revised Code, any credit union	68537
as defined in section 1733.01 of the Revised Code, any federal	68538
credit union established pursuant to federal law, any insurance	68539
company organized or authorized to do business in this state, any	68540
pension fund eligible under the "Higher Education Amendments of	68541
1968," 82 Stat. 1026, 20 U.S.C.A. 1085, as amended, the secondary	68542
market operation designated under division (B) of this section, or	68543
any secondary market operation established pursuant to the	68544
"Education Amendments of 1972," 86 Stat. 261, 20 U.S.C.A. 1071, as	68545
amended, or under the laws of any state.	68546

(B) The governor may designate one nonprofit corporation	68547
secondary market operation to be the single nonprofit private	68548
agency designated by the state under the "Higher Education Act of	68549
1965," 101 Stat. 347, 20 U.S.C.A. 1085(d)(1)(D), as amended. A	68550
designation in effect on the effective date of this amendment	68551
expires December 31, 2009. Each designation after the effective	68552
date of this amendment shall be made by competitive selection and	68553
shall be valid for one year. The controlling board shall not waive	68554
the competitive selection requirement.	68555

(C) The nonprofit corporation designated by the governor	68556
under division (B) of this section as the private agency secondary	68557
market operation shall be considered to be an agency of the state,	68558
in accordance with section 435(d)(1)(F) of the "Higher Education	68559
Act of 1965," 101 Stat. 347, 20 U.S.C.A. 1085(d)(1)(F), as	68560
amended, exclusively for the purpose of functioning as a secondary	68561
student loan market. The corporation shall be considered a state	68562
agency only for the purposes of this division and no other	68563
division or section of the Revised Code regarding state agencies	68564
shall apply to the corporation. No liability or obligation	68565
incurred by the corporation shall be considered to be a liability	68566
or debt of the state, nor shall the state be construed to act as	68567
guarantor of any debt of the corporation.	68568

(D) The nonprofit corporation designated under division (B)	68569
of this section shall designate a separate nonprofit corporation	68570
to operate exclusively for charitable and educational purposes,	68571
complementing and supplementing the designating corporation's	68572
secondary market operation for student loans authorized under the	68573
"Higher Education Act of 1965," 101 Stat. 347, 20 U.S.C.A. 1085,	68574
as amended, and promoting the general health and welfare of the	68575
state, the public interest, and a public purpose through improving	68576
student assistance programs by expanding access to higher	68577
education financing programs for students and families in need of	68578
student financial aid. In furtherance of such purposes, the	68579
separate nonprofit corporation may do all of the following:	68580

(1) Assist educational institutions in establishing financial	68581
aid programs to help students obtain an economical education;	68582

(2) Encourage financial institutions to increase educational	68583
opportunities by making funds available to both students and	68584
educational institutions;	68585

(3) Make available financial aid that supplements the	68586
financial assistance provided by eligible and approved lenders	68587
under state and federal programs;	68588

(4) Develop and administer programs that do all of the	68589
following:	68590

(a) Provide financial aid and incidental student financial	68591
aid information to students and their parents or other persons	68592
responsible for paying educational costs of those students at	68593
educational institutions;	68594

(b) Provide financial aid and information relating to it to	68595
and through educational institutions, enabling those institutions	68596
to assist students financially in obtaining an education and fully	68597
expanding their intellectual capacity and skills;	68598

(c) Better enable financial institutions to participate in	68599
student loan programs and other forms of financial aid, assisting	68600
students and educational institutions to increase education	68601
excellence and accessibility.	68602

(E) The nonprofit corporation designated under authority of	68603
division (D) of this section shall do both of the following:	68604

(1) Establish the criteria, standards, terms, and conditions	68605
for participation by students, parents, educational institutions,	68606
and financial institutions in that corporation's programs;	68607

(2) Provide the governor a report of its programs and a copy	68608
of its audited financial statements not later than one hundred	68609
eighty days after the end of each fiscal year of the corporation.	68610

No liability, obligation, or debt incurred by the corporation	68611
designated under authority of division (D) of this section or by	68612
any person under that corporation's programs shall be, or be	68613
considered to be, a liability, obligation, or debt of, or a pledge	68614
of the faith and credit of, the state, any political subdivision	68615
of the state, or any state-supported or state-assisted institution	68616
of higher education, nor shall the state or any political	68617
subdivision of the state or any state-supported or state-assisted	68618
institution of higher education be or be construed to act as an	68619
obligor under or guarantor of any liability, obligation, or debt	68620
of that corporation or of any person under that corporation's	68621
programs or incur or be construed to have incurred any other	68622
liability, obligation, or debt as a result of any acts of the	68623
corporation.	68624

(F) The nonprofit corporation designated under authority of	68625
division (D) of this section shall not be deemed to qualify by	68626
reason of the designation as a guarantor or an eligible lender	68627
under sections 435(d) and (j) of the "Higher Education Act of	68628
1965," 101 Stat. 347, 20 U.S.C.A. 1085(d) and (j), as amended.	68629

Sec. 3353.09. (A) Not later than January 1, 2010, the eTech	68630
Ohio commission shall develop and implement a state technology	68631
plan to create an aligned educational technology system that spans	68632
preschool to postsecondary education and complies with federal	68633
mandates. The commission periodically shall modify the plan as it	68634
determines necessary.	68635

(B) The commission shall consult with the state board of	68636
education in the development and modification of the state	68637
technology plan.	68638

Sec. 3353.20. (A) The eTech Ohio commission shall develop	68639
and implement an interactive distance learning pilot project to	68640
provide, beginning with the 2009-2010 school year, access to at	68641
least three interactive distance learning courses in each school	68642
year free of charge for all high schools operated by school	68643
districts. The courses offered shall include two advanced	68644
placement courses and one foreign language course.	68645

The commission shall do all of the following:

68646

(1) Contract for the development and offering of interactive	68647
distance learning courses;	68648

(2) Produce and broadcast the courses offered by the pilot	68649
project;	68650

(3) Provide the funds for schools to purchase video	68651
conferencing telecommunications equipment and connectivity	68652
devices, if necessary, so that the schools may participate in the	68653
pilot project;	68654

(4) Assist schools in arranging for the purchase and	68655
installation of telecommunications equipment and connectivity	68656
devices, if necessary, so that the schools may participate in the	68657
pilot project;	68658

(5) Pay, for up to one school year, the cost of upgrading	68659
internet service for schools that currently have a connection not	68660
faster than 1.544 megabits per second;	68661

(6) Offer training in the use of the telecommunications	68662
equipment necessary to participate in the pilot project;	68663

(7) Administer and oversee the operation of the pilot	68664
project.	68665

(B) The department of education, in consultation with the	68666
chancellor of the Ohio board of regents, shall select courses to	68667
be offered by the pilot project and shall develop the standards	68668
for the curriculum of each course selected.	68669

(C) The commission and the department jointly, and in	68670
consultation with the chancellor, shall select the teachers to	68671
develop and teach the courses offered by the pilot project.	68672

(D) The commission, the department, and the chancellor	68673
jointly shall notify schools of and promote participation in the	68674
pilot project.	68675

(E) Each high school shall determine the manner in which and	68676
facilities at which students may participate in courses consistent	68677
with specifications for technology and connectivity required by	68678
the commission.	68679

(F) The grade for a student enrolled in a course offered	68680
through the pilot project shall be assigned by the course teacher	68681
and shall be transmitted to the student's high school.	68682

(G) Not later than December 31, 2010, the superintendent of	68683
public instruction, the chancellor, and the commission shall	68684
submit to the governor and the general assembly, in accordance	68685
with section 101.68 of the Revised Code, a formative evaluation of	68686
the implementation and results of and legislative recommendations	68687
for changes in the pilot project.	68688

Sec. 3354.24. (A) The provisions of this section prevail	68689
over conflicting provisions of this chapter; however, except as	68690
otherwise provided in this section, the eastern gateway community	68691
college district and its board of trustees shall comply with the	68692
provisions of this chapter.	68693

(B) The territory of Columbiana, Mahoning, and Trumbull	68694
counties is hereby added to the territory of the community college	68695
district of Jefferson county, creating a new community college	68696
district to replace the former community college district of	68697
Jefferson county. The district created under this section shall be	68698
known as and operate under the name of "eastern gateway community	68699
college district," and its charter shall be amended to this name.	68700
The Jefferson county campus is hereby part of the eastern gateway	68701
community college district and shall remain in operation unless	68702
otherwise specified by the board of trustees of the community	68703
college.	68704

The eastern gateway community college district is divided	68705
into two taxing subdistricts, one consisting of the territory of	68706
Jefferson county, and the other consisting of the territories of	68707
Columbiana, Mahoning, and Trumbull counties.	68708

(C) On the effective date of this section as enacted by H.B.	68709
1 of the 128th general assembly, the government of the eastern	68710
gateway community college district shall be vested in a board of	68711
eleven trustees to be appointed by the governor, with the advice	68712
and consent of the senate. The board of trustees of the former	68713
community college district of Jefferson county is abolished on	68714
that date.	68715

The governor shall appoint the members of the board of	68716
trustees of the eastern gateway community college district as	68717
successors to the board of trustees of Jefferson community college	68718
as follows: Three members of the board of trustees shall be	68719
residents of Jefferson county. (The initial Jefferson county	68720
members shall be members of the board of trustees of the former	68721
community college district of Jefferson county, as it existed	68722
before the effective date of this section.) Eight members of the	68723
board of trustees shall be residents of Columbiana, Mahoning, and	68724
Trumbull counties.	68725

The initial board of trustees shall be appointed within	68726
ninety days after the effective date of this section for terms as	68727
follows: Of the trustees who are residents of Jefferson county,	68728
one trustee shall be appointed for a one-year term, one trustee	68729
shall be appointed for a three-year term, and one trustee shall be	68730
appointed for a five-year term. Of the trustees who are residents	68731
of Columbiana, Mahoning, and Trumbull counties, one trustee shall	68732
be appointed for a one-year term, two trustees shall be appointed	68733
for two-year terms, two trustees shall be appointed for three-year	68734
terms, two trustees shall be appointed for four-year terms, and	68735
one trustee shall be appointed for a five-year term.	68736

At the conclusion of each initial term, the term of office of	68737
each trustee shall be five years, each term ending on the same day	68738
of the same month of the year as did the term that it succeeds.	68739

Each trustee shall hold office from the date of the trustee's	68740
appointment until the end of the term for which the trustee was	68741
appointed. Any trustee appointed to fill a vacancy occurring	68742
before the expiration of the term for which the trustee's	68743
predecessor was appointed shall hold office for the remainder of	68744
that term. Any trustee shall continue in office subsequent to the	68745
expiration date of the trustee's term until the trustee's	68746
successor takes office, or until a period of sixty days has	68747
elapsed, whichever occurs first.	68748

If a vacancy occurs and the Jefferson county tax levy is no	68749
longer in place or a conversion under division (H) of this section	68750
has occurred, the governor shall fill the vacancy with a person	68751
residing within the eastern gateway community college district.	68752

(D) The board of trustees of the eastern gateway community	68753
college district shall continue to comply with division (G) of	68754
section 3354.09 of the Revised Code regarding tuition for students	68755
who are residents of Ohio but not residents of the district, and	68756
for students who are nonresidents of Ohio. The tuition rate shall	68757
be based on the student's county of residence and shall apply to	68758
all eastern gateway community college district classes in all	68759
district locations. Except as provided in division (F)(3) of this	68760
section, students who are residents of Columbiana, Mahoning, or	68761
Trumbull county shall continue to be charged tuition at the same	68762
rate as Ohio residents who are not residents of the district.	68763

(E)(1) Except as provided in divisions (E)(2) and (3) of this	68764
section, each member of the board of trustees shall have full	68765
voting rights on all matters that come before the board.	68766

(2) The three trustees representing Jefferson county shall	68767
have sole authority to vote on the following matters:	68768

(a) The Jefferson county tax levy;

68769

(b) The expenditure of revenue from that tax levy;

68770

68771

(3) The voting restrictions under division (E)(2) of this	68772
section apply until the electors of the Columbiana, Mahoning, and	68773
Trumbull county taxing subdistrict approve a tax levy under	68774
division (F)(3) of this section that is equivalent to the tax levy	68775
approved by the electors of Jefferson county for the support of	68776
the former community college district of Jefferson county on the	68777
effective date of this section. For the purposes of this division,	68778
the tax levy is an equivalent tax levy if either:	68779

(a) In the first tax year for which the tax is collected, it	68780
yields revenue per capita equal to or greater than the yield per	68781
capita of levies of the community college district in effect that	68782
year in Jefferson county, as jointly determined by the county	68783
auditors of Jefferson, Columbiana, Mahoning, and Trumbull	68784
counties; or	68785

(b) In the first tax year for which the tax is collected, the	68786
effective tax rate of the tax is equal to or greater than the	68787
effective tax rate of levies of the community college district in	68788
effect that tax year in Jefferson county, as jointly determined by	68789
the county auditors of Jefferson, Columbiana, Mahoning, and	68790
Trumbull counties.	68791

As used in this division, "effective tax rate" means the	68792
quotient obtained by dividing the total taxes charged and payable	68793
for a taxing subdistrict for a tax year after the reduction	68794
prescribed by section 319.301 of the Revised Code but before the	68795
reduction prescribed by section 319.302 or 323.152 of the Revised	68796
Code, by the taxable value for the taxing subdistrict for that tax	68797
year.	68798

(F)(1) For each taxing subdistrict of the eastern gateway	68799
community college district, the board of trustees may propose to	68800
levy a tax in accordance with the procedures prescribed in section	68801
3354.12 of the Revised Code, except the following terms used in	68802
that section shall have the meanings given them in this section:	68803

(a) "District" and "community college district" mean the	68804
appropriate taxing subdistrict defined in this section;	68805

(b) "Board of trustees of the community college district"	68806
means the board of trustees for the entire eastern gateway	68807
community college district. That board of trustees may propose	68808
separate levies for either of the two taxing subdistricts.	68809

(c) "Tax duplicate" means the tax duplicate of only the	68810
appropriate taxing subdistrict and not the tax duplicate of the	68811
entire eastern gateway community college district.	68812

(2) The board of trustees may propose to levy a tax on	68813
taxable property in Jefferson county to be voted on by the	68814
electors of Jefferson county as provided in division (F)(1) of	68815
this section. An affirmative vote by a majority of the electors of	68816
the subdistrict voting on the question is necessary for passage.	68817
Any money raised by a tax levied by the former community college	68818
district of Jefferson county or a subsequent tax levied in	68819
Jefferson county in accordance with division (F)(1) of this	68820
section shall be used solely for the benefit of Jefferson county	68821
residents attending the eastern gateway community college in the	68822
form of student tuition subsidies, student scholarships, and	68823
instructional facilities, equipment, and support services located	68824
within Jefferson county, or for any purpose approved by the	68825
electors. Such amounts shall be deposited into a separate fund of	68826
the taxing subdistrict, and shall be budgeted separately.	68827

(3) The board of trustees may propose to levy a tax on	68828
taxable property in Columbiana, Mahoning, and Trumbull counties to	68829
be voted on by the electors of the counties as provided in	68830
division (F)(1) of this section. An affirmative vote by a majority	68831
of the electors of the subdistrict voting on the question is	68832
necessary for passage. Any amounts raised by such a tax in the tax	68833
subdistrict shall be used solely for the benefit of residents of	68834
the subdistrict attending the eastern gateway community college in	68835
the form of student tuition subsidies, student scholarships, and	68836
instructional facilities, equipment, and support services located	68837
within Columbiana, Mahoning, and Trumbull counties, or for any	68838
purpose approved by the electors. Amounts collected shall be	68839
deposited into a separate fund from all other revenues collected	68840
by each taxing subdistrict.	68841

The board of trustees may adjust the rate of tuition charged	68842
to each taxing subdistrict's residents to an amount commensurate	68843
with the amount of tax the board of trustees dedicates for	68844
instructional and general services provided to the residents of	68845
the subdistrict.	68846

(G) The board of trustees of the eastern gateway community	68847
college district may issue bonds in accordance with section	68848
3354.11 of the Revised Code, but the board may limit the question	68849
of approval of the issue of those bonds to the electors of only	68850
one of the two taxing subdistricts, in which case the board also	68851
may limit the use of the property or improvements to the residents	68852
of that subdistrict.	68853

(H) If the tax levy in Jefferson county expires, is not	68854
renewed, or is not approved by the electors of Jefferson county	68855
and the other taxing subdistrict does not levy a tax for the	68856
purposes of this section, the board of trustees of the eastern	68857
gateway community college district shall submit a proposal to the	68858
chancellor of the board of regents to convert to a state community	68859
college and, upon the chancellor's approval of the proposal, enter	68860
into a transition agreement with the chancellor following the	68861
procedures set forth in section 3358.05 of the Revised Code for a	68862
technical college district.	68863

Sec. 3354.26. Notwithstanding the provisions in section	68864
3354.07 and division (A) of section 3354.09 of the Revised Code,	68865
which allow the board of trustees of a community college district	68866
to contract with a generally accredited public university or	68867
college for operation of such community college, the board of	68868
trustees of the Rio Grande community college district and the	68869
board of trustees of the university of Rio Grande, a private	68870
nonprofit corporation also located in Rio Grande, Ohio, may enter	68871
into ~~a contract~~one or more contracts for the board of trustees of	68872
the university of Rio Grande to provide any services for the	68873
operation of the community college~~. The~~, except the services of a	68874
treasurer or other fiscal officer. Under the contracts, the	68875
community college board of trustees may ~~employ a person to serve~~	68876
~~as president of the community college, and also may have that~~	68877
~~person serve as president of the university as established by the~~	68878
~~contract entered into pursuant to this section. The salary,~~	68879
~~benefits, and other compensation for any such employee for all~~	68880
~~duties shall be determined and paid solely by the community~~	68881
~~college~~acquire the services of the president of the university	68882
and other personnel, except as otherwise provided in this section.	68883
The community college board shall have exclusive authority to	68884
employ and make personnel decisions regarding the treasurer or	68885
other fiscal officer of the community college and any other	68886
personnel the community college board considers necessary for the	68887
operation of the community college. The purpose of the contracts	68888
shall be to provide the necessary leadership and to secure the	68889
efficient and effective provision of educational services for the	68890
community college from the university. The board of trustees of	68891
Rio Grande community college may terminate any such contract if a	68892
majority of the members of the board determines that the contract	68893
is no longer in the best interests of the community college. Each	68894
such contract shall include a provision for termination of the	68895
contract.	68896

Sec. 3365.01. As used in this chapter:

68897

(A) "College" means any state-assisted college or university	68898
described in section 3333.041 of the Revised Code, any nonprofit	68899
institution holding a certificate of authorization pursuant to	68900
Chapter 1713. of the Revised Code, any private institution exempt	68901
from regulation under Chapter 3332. of the Revised Code as	68902
prescribed in section 3333.046 of the Revised Code, and any	68903
institution holding a certificate of registration from the state	68904
board of career colleges and schools and program authorization for	68905
an associate or bachelor's degree program issued under section	68906
3332.05 of the Revised Code.	68907

(B) "School district," except as specified in division (G) of	68908
this section, means any school district to which a student is	68909
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	68910
the Revised Code and does not include a joint vocational or	68911
cooperative education school district.	68912

(C) "Parent" has the same meaning as in section 3313.64 of	68913
the Revised Code.	68914

(D) "Participant" means a student enrolled in a college under	68915
the post-secondary enrollment options program established by this	68916
chapter.	68917

(E) "Secondary grade" means the ninth through twelfth grades.

68918

(F) "School foundation payments" means the amount required to	68919
be paid to a school district for a fiscal year under ~~Chapter~~	68920
Chapters 3306. and 3317. of the Revised Code.	68921

(G) "Tuition base" means, with respect to a participant's	68922
school district, the sum of the formula amount plus the per pupil	68923
amount of the base funding supplements specified in divisions	68924
(C)(1) to (4) of section 3317.012 of the Revised Code for fiscal	68925
year 2009.	68926

The participant's "school district" in the case of a	68927
participant enrolled in a community school shall be the school	68928
district in which the student is entitled to attend school under	68929
section 3313.64 or 3313.65 of the Revised Code.	68930

(H) "Educational program" means enrollment in one or more	68931
school districts, in a nonpublic school, or in a college under	68932
division (B) of section 3365.04 of the Revised Code.	68933

(I) "Nonpublic school" means a chartered or nonchartered	68934
school for which minimum standards are prescribed by the state	68935
board of education pursuant to division (D) of section 3301.07 of	68936
the Revised Code.	68937

(J) "School year" means the year beginning on the first day	68938
of July and ending on the thirtieth day of June.	68939

(K) "Community school" means any school established pursuant	68940
to Chapter 3314. of the Revised Code that includes secondary	68941
grades.	68942

(L) "STEM school" means a science, technology, engineering,	68943
and mathematics school established under Chapter 3326. of the	68944
Revised Code.	68945

Sec. 3365.04. The rules adopted under section 3365.02 of the	68946
Revised Code shall provide for students to enroll in courses under	68947
either of the following options:	68948

(A) The student may elect at the time of enrollment to be	68949
responsible for payment of all tuition and the cost of all	68950
textbooks, materials, and fees associated with the course. The	68951
college shall notify the student about payment of tuition and fees	68952
in the customary manner followed by the college. A student	68953
electing this option also shall elect, at the time of enrollment,	68954
whether to receive only college credit or high school credit and	68955
college credit for the course.	68956

(1) The student may elect to receive only college credit for	68957
the course. Except as provided in section 3365.041 of the Revised	68958
Code, if the student successfully completes the course, the	68959
college shall award the student full credit for the course, but	68960
the board of education, community school governing authority, STEM	68961
school, or nonpublic participating school shall not award the high	68962
school credit.	68963

(2) The student may elect to receive both high school credit	68964
and college credit for the course. Except as provided in section	68965
3365.041 of the Revised Code, if the student successfully	68966
completes the course, the college shall award the student full	68967
credit for the course and the board of education, community school	68968
governing authority, STEM school, or nonpublic school shall award	68969
the student high school credit.	68970

(B) The student may elect at the time of enrollment for each	68971
course to have the college reimbursed under section 3365.07 of the	68972
Revised Code or as provided in alternative funding agreements	68973
entered into under rules adopted under section 3365.12 of the	68974
Revised Code. Except as provided in section 3365.041 of the	68975
Revised Code, if the student successfully completes the course,	68976
the college shall award the student full credit for the course,	68977
the board of education, community school governing authority, STEM	68978
school, or nonpublic school shall award the student high school	68979
credit, and the college shall be reimbursed in accordance with	68980
section 3365.07 of the Revised Code or alternative funding	68981
agreements entered into under rules adopted under section 3365.12	68982
of the Revised Code.	68983

When determining a school district's formula ADM under	68984
section 3317.03 of the Revised Code, the time a participant is	68985
attending courses under division (A) of this section shall be	68986
considered as time the participant is not attending or enrolled in	68987
school anywhere, and the time a participant is attending courses	68988
under division (B) of this section shall be considered as time the	68989
participant is attending or enrolled in the district's schools.	68990

Sec. 3365.041. (A) When a school district superintendent,	68991
the governing authority of a community school, or the chief	68992
administrative officer of a STEM school expels a student under	68993
division (B) of section 3313.66 of the Revised Code, the district	68994
superintendent, governing authority, or chief administrative	68995
officer shall send a written notice of the expulsion to any	68996
college in which the expelled student is enrolled under section	68997
3365.03 of the Revised Code at the time the expulsion is imposed.	68998
The notice shall indicate the date the expulsion is scheduled to	68999
expire. The notice also shall indicate whether the district board	69000
of education, community school governing authority, or the STEM	69001
school has adopted a policy under section 3313.613 of the	69002
Revised Code to deny high school credit for post-secondary	69003
courses taken during an expulsion. If the expulsion is extended	69004
under division (F) of section 3313.66 of the Revised Code, the	69005
district superintendent, community school governing authority, or	69006
STEM school chief administrative officer shall notify the	69007
college of the extension.	69008

(B) A college may withdraw its acceptance under section	69009
3365.03 of the Revised Code of a student who is expelled from	69010
school under division (B) of section 3313.66 of the Revised Code.	69011
As provided in section 3365.03 of the Revised Code, regardless of	69012
whether the college withdraws its acceptance of the student for	69013
the college term in which the student is expelled, the student is	69014
ineligible to enroll in a college under that section for	69015
subsequent college terms during the period of the expulsion,	69016
unless the student enrolls in another school district or community	69017
school, or a participating nonpublic school during that period.	69018

If a college withdraws its acceptance of an expelled student	69019
who elected either option of division (A)(1) or (2) of section	69020
3365.04 of the Revised Code, the college shall refund tuition and	69021
fees paid by the student in the same proportion that it refunds	69022
tuition and fees to students who voluntarily withdraw from the	69023
college at the same time in the term.	69024

If a college withdraws its acceptance of an expelled student	69025
who elected the option of division (B) of section 3365.04 of the	69026
Revised Code, the school district, community school, or STEM	69027
school shall not award high school credit for the college courses	69028
in which the student was enrolled at the time the college withdrew	69029
its acceptance, and any reimbursement under section 3365.07 of the	69030
Revised Code or through alternative funding agreements entered	69031
into under rules adopted under section 3365.12 of the Revised Code	69032
for the student's attendance prior to the withdrawal shall be the	69033
same as would be paid for a student who voluntarily withdrew from	69034
the college at the same time in the term. If the withdrawal	69035
results in the college's receiving no reimbursement, the college	69036
may require the student to return or pay for the textbooks and	69037
materials it provided the student free of charge under section	69038
3365.08 of the Revised Code.	69039

(C) When a student who elected the option of division (B) of	69040
section 3365.04 of the Revised Code is expelled under division (B)	69041
of section 3313.66 of the Revised Code from a school district,	69042
community school, or STEM school that has adopted a policy under	69043
section 3313.613 of the Revised Code, that election is	69044
automatically revoked for all college courses in which the student	69045
is enrolled during the college term in which the expulsion is	69046
imposed. Any reimbursement under section 3365.07 of the Revised	69047
Code or through alternative funding agreements entered into under	69048
rules adopted under section 3365.12 of the Revised Code for the	69049
student's attendance prior to the expulsion shall be the same as	69050
would be paid for a student who voluntarily withdrew from the	69051
college at the same time in the term. If the revocation results	69052
in the college's receiving no reimbursement, the college may	69053
require the student to return or pay for the textbooks and	69054
materials it provided the student free of charge under section	69055
3365.08 of the Revised Code.	69056

No later than five days after receiving an expulsion notice	69057
from the superintendent of a district, the governing authority of	69058
a community school, or the chief administrative officer of a STEM	69059
school that has adopted a policy under section 3313.613 of the	69060
Revised Code, the college shall send a written notice to the	69061
expelled student that the student's election of division (B) of	69062
section 3365.04 of the Revised Code is revoked. If the college	69063
elects not to withdraw its acceptance of the student, the student	69064
shall pay all applicable tuition and fees for the college courses	69065
and shall pay for the textbooks and materials that the college	69066
provided under section 3365.08 of the Revised Code.	69067

Sec. 3365.07. (A) The rules adopted under section 3365.02 of	69068
the Revised Code shall specify a method for each of the following:	69069

(1) Determining, with respect to any participant, the	69070
percentage of a full-time educational program constituted by the	69071
participant's total educational program. That percentage shall be	69072
the participant's full-time equivalency percentage for purposes of	69073
the computation required by division (B)(1) of this section.	69074

(2) In the case of a participant who is not enrolled in a	69075
participating nonpublic school, determining the percentage of a	69076
participant's school day during which the participant is	69077
participating in each of the following:	69078

(a) Programs provided by the city, local, or exempted village	69079
school district, a community school, or a STEM school;	69080

(b) Programs provided by a joint vocational school district;

69081

(c) Programs provided by a college under division (B) of	69082
section 3365.04 of the Revised Code.	69083

The sum of divisions (A)(2)(a) to (c) of this section shall equal	69084
one hundred per cent.	69085

(3) In the case of a participant who is not enrolled in a	69086
participating nonpublic school, determining the percentage of a	69087
participant's enrollment that shall be deemed to be enrollment in	69088
a joint vocational school district and the percentage that shall	69089
be deemed to be enrollment in a city, local, or exempted village	69090
school district. The sum of such percentages shall equal one	69091
hundred per cent.	69092

(4) In the case of a participant who is enrolled in a	69093
participating nonpublic school, determining the percentage of a	69094
participant's school day during which the participant is	69095
participating in programs provided by a college under division (B)	69096
of section 3365.04 of the Revised Code.	69097

(B) Each July, unless provided otherwise in an alternative	69098
funding agreement entered into under rules adopted under section	69099
3365.12 of the Revised Code, the department of education shall pay	69100
each college for any participant enrolled in the college in the	69101
prior school year under division (B) of section 3365.04 of the	69102
Revised Code an amount computed as follows:	69103

(1) Multiply the tuition base by the participant's full-time	69104
equivalency percentage and multiply the resulting amount by a	69105
percentage equal to the percentage of the participant's school day	69106
apportioned to the college under division (A)(2)(c) or (4) of this	69107
section, as applicable.	69108

(2) Pay the college the lesser of:

69109

(a) The amount computed under division (B)(1) of this	69110
section;	69111

(b) The actual costs that would have been the responsibility	69112
of the participant had the participant elected to enroll under	69113
division (A) of section 3365.04 of the Revised Code, as verified	69114
by the department, of tuition, textbooks, materials, and fees	69115
directly related to any courses elected by the participant during	69116
the prior school year under division (B) of section 3365.04 of the	69117
Revised Code.	69118

(C) The department shall not reimburse any college for any	69119
course taken by a participant under division (A) of section	69120
3365.04 of the Revised Code.	69121

(D) If the participant was not enrolled in a participating	69122
nonpublic school, the amount paid under division (B) of this	69123
section for each participant shall be subtracted from the school	69124
foundation payments made to the participant's school district or,	69125
if the participant was enrolled in a community school or a STEM	69126
school, from the payments made to the participant's school under	69127
section 3314.08 or 3326.33 of the Revised Code. If the	69128
participant was enrolled in a joint vocational school district, a	69129
portion of the amount shall be subtracted from the payments to	69130
the joint vocational school district and a portion shall be	69131
subtracted from the payments to the participant's city, local, or	69132
exempted village school district. The amount of the payment	69133
subtracted from the city, local, or exempted village school	69134
district shall be computed as follows:	69135

(1) Add the following:

69136

(a) The percentage of the participant's enrollment in the	69137
school district, determined under division (A)(3) of this section;	69138
and	69139

(b) Twenty-five per cent times the percentage of the	69140
participant's enrollment in the joint vocational school district,	69141
determined under division (A)(3) of this section.	69142

(2) Multiply the sum obtained under division (D)(1) of this	69143
section by the amount computed under division (B)(2) of this	69144
section.	69145

The balance of the payment shall be subtracted from the joint	69146
vocational district's school foundation payments.	69147

(E) If the participant was enrolled in a participating	69148
nonpublic school, the amount paid under division (B) of this	69149
section shall be subtracted from moneys set aside by the general	69150
assembly for such purpose from funds appropriated for the purposes	69151
of section 3317.06 of the Revised Code.	69152

Sec. 3365.08. (A) A college that expects to receive or	69153
receives reimbursement under section 3365.07 of the Revised Code	69154
or through alternative funding agreements entered into under rules	69155
adopted under section 3365.12 of the Revised Code shall furnish to	69156
a participant all textbooks and materials directly related to a	69157
course taken by the participant under division (B) of section	69158
3365.04 of the Revised Code. No college shall charge such	69159
participant for tuition, textbooks, materials, or other fees	69160
directly related to any such course.	69161

(B) No student enrolled under this chapter in a course for	69162
which credit toward high school graduation is awarded shall	69163
receive direct financial aid through any state or federal program.	69164

(C) If a school district provides transportation for resident	69165
school students in grades eleven and twelve under section 3327.01	69166
of the Revised Code, a parent of a pupil enrolled in a course	69167
under division (A)(2) or (B) of section 3365.04 of the Revised	69168
Code may apply to the board of education for full or partial	69169
reimbursement for the necessary costs of transporting the student	69170
between the secondary school the student attends and the college	69171
in which the student is enrolled. Reimbursement may be paid solely	69172
from funds received by the district under ~~division (D) of~~ section	69173
~~3317.022~~3306.12 of the Revised Code. The state board of	69174
education shall establish guidelines, based on financial need,	69175
under which a district may provide such reimbursement.	69176

(D) If a community school provides or arranges transportation	69177
for its pupils in grades nine through twelve under section	69178
3314.091 of the Revised Code, a parent of a pupil of the community	69179
school who is enrolled in a course under division (A)(2) or (B) of	69180
section 3365.04 of the Revised Code may apply to the governing	69181
authority of the community school for full or partial	69182
reimbursement of the necessary costs of transporting the student	69183
between the community school and the college. The governing	69184
authority may pay the reimbursement in accordance with the state	69185
board's rules adopted under division (C) of this section solely	69186
from funds paid to it under section 3314.091 of the Revised Code.	69187

Sec. 3365.09. Section 3365.07 ~~and~~, divisions (A) and (C) of	69188
section 3365.08, and agreements entered into under rules adopted	69189
under section 3365.12 of the Revised Code do not apply to any	69190
college course in which a student is enrolled if during the term	69191
such student is enrolled in the college course the student is	69192
also a full-time student in the student's district, community	69193
school, STEM school, or nonpublic school. The rules adopted under	69194
section 3365.02 of the Revised Code shall prescribe a method for	69195
determining whether a student is enrolled full-time in the	69196
student's district, community school, STEM school, or nonpublic	69197
school.	69198

Sec. 3365.10. As used in this section, the "base amount" for	69199
any school year is one million dollars. "Full-time equivalency	69200
percentage" and "percentage of the school day" enrolled in college	69201
shall be determined under the rules described by divisions (A)(1)	69202
and (4) of section 3365.07 of the Revised Code or the rules	69203
adopted under section 3365.12 of the Revised Code.	69204

(A) Each nonpublic school student who wishes to become a	69205
participant in any school year shall send to the department of	69206
education a copy of ~~his~~the student's acceptance from a college	69207
and an application. The application shall be made on forms	69208
provided by the state board and shall include information about	69209
the student's proposed participation, including the school year in	69210
which hethe student wishes to participate; the semesters or terms	69211
the student wishes to enroll during such year; the student's	69212
expected full-time equivalency percentage for each such semester	69213
or term; and the percentage of the school day each such semester	69214
or term that the student expects to be enrolled in programs	69215
provided by a college under division (B) of section 3365.04 of the	69216
Revised Code. The department shall mark each application with the	69217
date and time of receipt.	69218

(B) Calculations involving applications under this division	69219
shall be made in the order in which the applications are received.	69220

Upon receipt of an application under division (A) of this	69221
section, the department shall calculate the amount the college	69222
would be paid under division (B) of section 3365.07 of the Revised	69223
Code or through alternative funding agreements entered into under	69224
rules adopted under section 3365.12 of the Revised Code for the	69225
student's expected participation. ~~The~~For calculations made under	69226
division (B) of section 3365.07 of the Revised Code, the	69227
department shall subtract each such calculated amount from the	69228
base amount for that year, or the amount remaining for that year	69229
after the subtraction from the base amount of amounts previously	69230
calculated under this division as a result of prior applications	69231
for participation in that year, whichever is the lesser amount.	69232

(C) If such a subtraction under division (B) of this section	69233
results in a positive number, the department shall notify the	69234
applicant within three weeks of the receipt of ~~his~~the application	69235
that hesuch applicant may participate in the post-secondary	69236
enrollment options program to the extent indicated in the	69237
application.	69238

(D) If such a subtraction under division (B) of this section	69239
results in a negative number, the department shall, within one	69240
week of the receipt of such application, notify the applicant, the	69241
applicant's nonpublic school, and the college accepting the	69242
applicant that funds will not be available for the applicant's	69243
participation in the program during the year for which the	69244
application was made. The department shall also notify all	69245
applicants whose applications for that year are subsequently	69246
received, their nonpublic schools, and the colleges accepting them	69247
of the same fact.	69248

(E) No applicant receiving notification under division (D) of	69249
this section may become a participant under division (B) of	69250
section 3365.04 of the Revised Code for the year for which hethe	69251
applicant applied and no college shall be paid under division (B)	69252
of section 3365.07 of the Revised Code or through alternative	69253
funding agreements entered into under rules adopted under section	69254
3365.12 of the Revised Code for participation by any such	69255
applicant in such year.	69256

Sec. 3365.12. The superintendent of public instruction and	69257
the chancellor of the Ohio board of regents jointly may adopt	69258
rules in accordance with Chapter 119. of the Revised Code	69259
permitting a board of education of a school district or joint	69260
vocational school district, governing authority of a community	69261
school, governing body of a STEM school, or governing authority of	69262
a participating nonpublic school to enter into an agreement with a	69263
college or university to use an alternate funding formula to	69264
calculate, or an alternate method to transmit, the amount the	69265
college or university would be paid for a student participating in	69266
a program under this chapter, including the program known as	69267
seniors to sophomores.	69268

Rules adopted under this section may include, but need not be	69269
limited to, any of the following alternative funding options:	69270

(A) Direct payment of funds necessary to support students	69271
participating in a program under this chapter, including the	69272
seniors to sophomores program, by the school district, joint	69273
vocational school district, community school, STEM school, or any	69274
combination thereof, to the college or university in which the	69275
student enrolled;	69276

(B) Alternate funding formulas to calculate the amount of	69277
money to be paid to colleges for participants;	69278

(C) A negotiated amount to be paid, as agreed by the school	69279
district, joint vocational school district, community school, or	69280
STEM school and the college or university.	69281

Sec. 3375.79. There is hereby created in the state treasury	69282
the Bill and Melinda Gates foundation grant fund consisting of	69283
Bill and Melinda Gates foundation grants awarded to the state	69284
library of Ohio. The state library board shall use the fund for	69285
the improvement of public library services, interlibrary	69286
cooperation, or other library purposes. All investment earnings of	69287
the fund shall be credited to the fund.	69288

Sec. 3501.17. (A) The expenses of the board of elections	69289
shall be paid from the county treasury, in pursuance of	69290
appropriations by the board of county commissioners, in the same	69291
manner as other county expenses are paid. If the board of county	69292
commissioners fails to appropriate an amount sufficient to provide	69293
for the necessary and proper expenses of the board of elections	69294
pertaining to the conduct of elections, the board of elections	69295
may apply to the court of common pleas within the county, which	69296
shall fix the amount necessary to be appropriated and the amount	69297
shall be appropriated. Payments shall be made upon vouchers of the	69298
board of elections certified to by its chairperson or acting	69299
chairperson and the director or deputy director, upon warrants of	69300
the county auditor.	69301

The board of elections shall not incur any obligation	69302
involving the expenditure of money unless there are moneys	69303
sufficient in the funds appropriated therefor to meet the	69304
obligation. If the board of elections requests a transfer of funds	69305
from one of its appropriation items to another, the board of	69306
county commissioners shall adopt a resolution providing for the	69307
transfer except as otherwise provided in section 5705.40 of the	69308
Revised Code. The expenses of the board of elections shall be	69309
apportioned among the county and the various subdivisions as	69310
provided in this section, and the amount chargeable to each	69311
subdivision shall be withheld by the auditor from the moneys	69312
payable thereto at the time of the next tax settlement. At the	69313
time of submitting budget estimates in each year, the board of	69314
elections shall submit to the taxing authority of each	69315
subdivision, upon the request of the subdivision, an estimate of	69316
the amount to be withheld from the subdivision during the next	69317
fiscal year.	69318

(B) Except as otherwise provided in division (F) of this	69319
section, the compensation of the members of the board of	69320
elections and of the director, deputy director, and regular	69321
employees in the board's offices, other than compensation for	69322
overtime worked; the expenditures for the rental, furnishing, and	69323
equipping of the office of the board and for the necessary office	69324
supplies for the use of the board; the expenditures for the	69325
acquisition, repair, care, and custody of the polling places,	69326
booths, guardrails, and other equipment for polling places; the	69327
cost of tally sheets, maps, flags, ballot boxes, and all other	69328
permanent records and equipment; the cost of all elections held	69329
in and for the state and county; and all other expenses of the	69330
board which are not chargeable to a political subdivision in	69331
accordance with this section shall be paid in the same manner as	69332
other county expenses are paid.	69333

(C) The compensation of judges of elections and intermittent	69334
employees in the board's offices; the cost of renting, moving,	69335
heating, and lighting polling places and of placing and removing	69336
ballot boxes and other fixtures and equipment thereof, including	69337
voting machines, marking devices, and automatic tabulating	69338
equipment; the cost of printing and delivering ballots, cards of	69339
instructions, registration lists required under section 3503.23	69340
of the Revised Code, and other election supplies, including the	69341
supplies required to comply with division (H) of section 3506.01	69342
of the Revised Code; the cost of contractors engaged by the board	69343
to prepare, program, test, and operate voting machines, marking	69344
devices, and automatic tabulating equipment; and all other	69345
expenses of conducting primaries and elections in the odd-numbered	69346
years shall be charged to the subdivisions in and for which such	69347
primaries or elections are held. The charge for each primary or	69348
general election in odd-numbered years for each subdivision shall	69349
be determined in the following manner: first, the total cost of	69350
all chargeable items used in conducting such elections shall be	69351
ascertained; second, the total charge shall be divided by the	69352
number of precincts participating in such election, in order to	69353
fix the cost per precinct; third, the cost per precinct shall be	69354
prorated by the board of elections to the subdivisions conducting	69355
elections for the nomination or election of offices in such	69356
precinct; fourth, the total cost for each subdivision shall be	69357
determined by adding the charges prorated to it in each precinct	69358
within the subdivision.	69359

(D) The entire cost of special elections held on a day other	69360
than the day of a primary or general election, both in	69361
odd-numbered or in even-numbered years, shall be charged to the	69362
subdivision. Where a special election is held on the same day as a	69363
primary or general election in an even-numbered year, the	69364
subdivision submitting the special election shall be charged only	69365
for the cost of ballots and advertising. Where a special election	69366
is held on the same day as a primary or general election in an	69367
odd-numbered year, the subdivision submitting the special election	69368
shall be charged for the cost of ballots and advertising for such	69369
special election, in addition to the charges prorated to such	69370
subdivision for the election or nomination of candidates in each	69371
precinct within the subdivision, as set forth in the preceding	69372
paragraph.	69373

(E) Where a special election is held on the day specified by	69374
division (E) of section 3501.01 of the Revised Code for the	69375
holding of a primary election, for the purpose of submitting to	69376
the voters of the state constitutional amendments proposed by the	69377
general assembly, and a subdivision conducts a special election on	69378
the same day, the entire cost of the special election shall be	69379
divided proportionally between the state and the subdivision based	69380
upon a ratio determined by the number of issues placed on the	69381
ballot by each, except as otherwise provided in division (G) of	69382
this section. Such proportional division of cost shall be made	69383
only to the extent funds are available for such purpose from	69384
amounts appropriated by the general assembly to the secretary of	69385
state. If a primary election is also being conducted in the	69386
subdivision, the costs shall be apportioned as otherwise provided	69387
in this section.	69388

(F) When a precinct is open during a general, primary, or	69389
special election solely for the purpose of submitting to the	69390
voters a statewide ballot issue, the state shall bear the entire	69391
cost of the election in that precinct and shall reimburse the	69392
county for all expenses incurred in opening the precinct.	69393

(G)(1) The state shall bear the entire cost of advertising in	69394
newspapers statewide ballot issues, explanations of those issues,	69395
and arguments for or against those issues, as required by Section	69396
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	69397
and any other section of law. Appropriations made to the	69398
controlling board shall be used to reimburse the secretary of	69399
state for all expenses the secretary of state incurs for such	69400
advertising under division (G) of section 3505.062 of the	69401
Revised Code.	69402

(2) There is hereby created in the state treasury the	69403
statewide ballot advertising fund. The fund shall receive	69404
transfers approved by the controlling board, and shall be used by	69405
the secretary of state to pay the costs of advertising state	69406
ballot issues as required under division (G)(1) of this section.	69407
Any such transfers may be requested from and approved by the	69408
controlling board prior to placing the advertising, in order to	69409
facilitate timely provision of the required advertising.	69410

(H) The cost of renting, heating, and lighting registration	69411
places; the cost of the necessary books, forms, and supplies for	69412
the conduct of registration; and the cost of printing and posting	69413
precinct registration lists shall be charged to the subdivision in	69414
which such registration is held.	69415

(I) At the request of a majority of the members of the board	69416
of elections, the board of county commissioners may, by	69417
resolution, establish an elections revenue fund. Except as	69418
otherwise provided in this division, the purpose of the fund shall	69419
be to accumulate revenue withheld by or paid to the county under	69420
this section for the payment of any expense related to the duties	69421
of the board of elections specified in section 3501.11 of the	69422
Revised Code, upon approval of a majority of the members of the	69423
board of elections. The fund shall not accumulate any revenue	69424
withheld by or paid to the county under this section for the	69425
compensation of the members of the board of elections or of the	69426
director, deputy director, or other regular employees in the	69427
board's offices, other than compensation for overtime worked.	69428

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	69429
Revised Code, the board of county commissioners may, by	69430
resolution, transfer money to the elections revenue fund from any	69431
other fund of the political subdivision from which such payments	69432
lawfully may be made. Following an affirmative vote of a majority	69433
of the members of the board of elections, the board of county	69434
commissioners may, by resolution, rescind an elections revenue	69435
fund established under this division. If an elections revenue fund	69436
is rescinded, money that has accumulated in the fund shall be	69437
transferred to the county general fund.	69438

(J) As used in this section:

69439

(1) "Political subdivision" and "subdivision" mean any board	69440
of county commissioners, board of township trustees, legislative	69441
authority of a municipal corporation, board of education, or any	69442
other board, commission, district, or authority that is empowered	69443
to levy taxes or permitted to receive the proceeds of a tax levy,	69444
regardless of whether the entity receives tax settlement moneys as	69445
described in division (A) of this section;	69446

(2) "Statewide ballot issue" means any ballot issue, whether	69447
proposed by the general assembly or by initiative or referendum,	69448
that is submitted to the voters throughout the state.	69449

Sec. 3503.18. ~~The chief health officer of each political~~	69450
~~subdivision and the director of health shall file with the board~~	69451
~~of elections, at least once each month, the names, dates of birth,~~	69452
~~dates of death, and residences of all persons, over eighteen years~~	69453
~~of age, who have died within such subdivision or within this state~~	69454
~~or another state, respectively, within such month.~~ At least once	69455
each month ~~the~~, each probate judge in this state shall file with	69456
the board of elections the names and residence addresses of all	69457
persons over eighteen years of age who have been adjudicated	69458
incompetent for the purpose of voting, as provided in section	69459
5122.301 of the Revised Code. At least once each month the clerk	69460
of the court of common pleas shall file with the board the names	69461
and residence addresses of all persons who have been convicted	69462
during the previous month of crimes that would disfranchise such	69463
persons under existing laws of the state. Reports of conviction of	69464
crimes under the laws of the United States that would disfranchise	69465
an elector and that are provided to the secretary of state by any	69466
United States attorney shall be forwarded by the secretary of	69467
state to the appropriate board of elections.	69468

Upon receiving ~~any~~a report ~~described in~~required by this	69469
section or section 3705.031 of the Revised Code, the board of	69470
elections shall promptly cancel the registration of ~~the~~each	69471
elector named in the report. If the report contains a residence	69472
address of an elector in a county other than the county in which	69473
the board of elections is located, the director shall promptly	69474
send a copy of the report to the appropriate board of elections,	69475
which shall cancel the registration.	69476

Sec. 3503.21. (A) The registration of a registered elector	69477
shall be canceled upon the occurrence of any of the following:	69478

(1) The filing by a registered elector of a written request	69479
with a board of elections, on a form prescribed by the secretary	69480
of state and signed by the elector, that the registration be	69481
canceled. The filing of such a request does not prohibit an	69482
otherwise qualified elector from reregistering to vote at any	69483
time.	69484

(2) ~~The filing of a notice of the death of the registered~~	69485
~~elector as provided in section 3503.18 of the Revised Code;~~	69486

~~(3)~~ The conviction of the registered elector of a felony	69487
under the laws of this state, any other state, or the United	69488
States as provided in section 2961.01 of the Revised Code;	69489

~~(4)~~(3) The adjudication of incompetency of the registered	69490
elector for the purpose of voting as provided in section 5122.301	69491
of the Revised Code;	69492

(4) The receipt by a board of elections of a report required	69493
by section 3705.031 of the Revised Code that contains the name of	69494
the registered elector;	69495

(5) The change of residence of the registered elector to a	69496
location outside the county of registration in accordance with	69497
division (B) of this section;	69498

(6) The failure of the registered elector, after having been	69499
mailed a confirmation notice, to do either of the following:	69500

(a) Respond to such a notice and vote at least once during a	69501
period of four consecutive years, which period shall include two	69502
general federal elections;	69503

(b) Update the elector's registration and vote at least once	69504
during a period of four consecutive years, which period shall	69505
include two general federal elections.	69506

(B)(1) The secretary of state shall prescribe procedures to	69507
identify and cancel the registration in a prior county of	69508
residence of any registrant who changes the registrant's voting	69509
residence to a location outside the registrant's current county of	69510
registration. Any procedures prescribed in this division shall be	69511
uniform and nondiscriminatory, and shall comply with the Voting	69512
Rights Act of 1965. The secretary of state may prescribe	69513
procedures under this division that include the use of the	69514
national change of address service provided by the United States	69515
postal system through its licensees. Any program so prescribed	69516
shall be completed not later than ninety days prior to the date of	69517
any primary or general election for federal office.	69518

(2) The registration of any elector identified as having	69519
changed the elector's voting residence to a location outside the	69520
elector's current county of registration shall not be canceled	69521
unless the registrant is sent a confirmation notice on a form	69522
prescribed by the secretary of state and the registrant fails to	69523
respond to the confirmation notice or otherwise update the	69524
registration and fails to vote in any election during the period	69525
of two federal elections subsequent to the mailing of the	69526
confirmation notice.	69527

(C) The registration of a registered elector shall not be	69528
canceled except as provided in this section, division (Q) of	69529
section 3501.05 of the Revised Code, division (C)(2) of section	69530
3503.19 of the Revised Code, or division (C) of section 3503.24 of	69531
the Revised Code.	69532

(D) Boards of elections shall send their voter registration	69533
information to the secretary of state as required under section	69534
3503.15 of the Revised Code. In the first quarter of each	69535
odd-numbered year, the secretary of state shall send the	69536
information to the national change of address service described in	69537
division (B) of this section and request that service to provide	69538
the secretary of state with a list of any voters sent by the	69539
secretary of state who have moved within the last thirty-six	69540
months. The secretary of state shall transmit to each appropriate	69541
board of elections whatever lists the secretary of state receives	69542
from that service. The board shall send a notice to each person on	69543
the list transmitted by the secretary of state requesting	69544
confirmation of the person's change of address, together with a	69545
postage prepaid, preaddressed return envelope containing a form on	69546
which the voter may verify or correct the change of address	69547
information.	69548

(E) The registration of a registered elector described in	69549
division (A)(6) or (B)(2) of this section shall be canceled not	69550
later than one hundred twenty days after the date of the second	69551
general federal election in which the elector fails to vote or not	69552
later than one hundred twenty days after the expiration of the	69553
four-year period in which the elector fails to vote or respond to	69554
a confirmation notice, whichever is later.	69555

Sec. 3701.0211. (A) There is hereby created the hemophilia	69556
advisory council in the department of health. The council shall	69557
consist of the following members:	69558

(1) The following nonvoting members:

69559

(a) The director of health or the director's designee;

69560

(b) The superintendent of insurance or the superintendent's	69561
designee;	69562

(c) A representative of the department of job and family	69563
services.	69564

(2) The following voting members, to be appointed by the	69565
governor with the advice and consent of the senate:	69566

(a) Two individuals authorized under Chapter 4731. of the	69567
Revised Code to practice medicine and surgery or osteopathic	69568
medicine and surgery who are currently treating patients with	69569
hemophilia or related bleeding disorders, one of whom specializes	69570
in pediatrics and one of whom specializes in the treatment of	69571
adults;	69572

(b) An individual licensed under Chapter 4723. of the Revised	69573
Code to practice nursing who is currently treating patients with	69574
hemophilia or related bleeding disorders;	69575

(c) An individual licensed under Chapter 4757. of the Revised	69576
Code as an independent social worker or social worker who is	69577
currently treating patients with hemophilia or related bleeding	69578
disorders;	69579

(d) A representative of a federally funded hemophilia	69580
treatment center;	69581

(e) A representative of a health insuring corporation that	69582
holds a certificate of authority issued under Chapter 1751. of the	69583
Revised Code or a company authorized under Chapter 3923. of the	69584
Revised Code to do the business of sickness and accident insurance	69585
in this state;	69586

(f) A representative of an Ohio chapter of the national	69587
hemophilia foundation that serves the community of persons with	69588
hemophilia and related bleeding disorders;	69589

(g) An adult with hemophilia or caregiver of an adult with	69590
hemophilia;	69591

(h) A caregiver of a minor with hemophilia;

69592

(i) A person with a bleeding disorder other than hemophilia	69593
or caregiver of a person with a bleeding disorder other than	69594
hemophilia;	69595

(j) A person with hemophilia who is a member of the Amish	69596
sect or a health professional currently treating persons with	69597
hemophilia who are members of the Amish sect.	69598

(B) Not later than ninety days after the effective date of	69599
this section, the governor shall make initial appointments to the	69600
council. Of the initial appointments, four shall be for terms	69601
ending two years after the effective date of this section, four	69602
shall be for terms ending three years after that date, and three	69603
shall be for terms ending four years after that date. Thereafter,	69604
terms of office shall be two years, with each term ending on the	69605
same day of the same month as the term it succeeds. Each member	69606
shall hold office from the date of appointment until the end of	69607
the term for which the member was appointed. Members may be	69608
reappointed.	69609

Vacancies shall be filled in the same manner as original	69610
appointments. Any member appointed to fill a vacancy occurring	69611
prior to the expiration of the term for which the member's	69612
predecessor was appointed shall hold office for the remainder of	69613
that term. A member shall continue in office subsequent to the	69614
expiration date of the member's term until the member's successor	69615
takes office or until a period of sixty days has elapsed,	69616
whichever occurs first.	69617

(C) The voting members shall elect from among the council's	69618
members a chairperson who shall serve a one-year term. The council	69619
shall meet at the call of the chairperson, but not less than four	69620
times each year. A majority of the members of the council	69621
constitutes a quorum.	69622

(D) Members shall serve without compensation, but may be	69623
reimbursed for actual and necessary expenses incurred in the	69624
performance of their duties.	69625

(E) The council shall advise the director of health on all of	69626
the following:	69627

(1) Reviewing the impact of changes to both of the following:

69628

(a) Existing programs for persons with hemophilia and related	69629
bleeding disorders;	69630

(b) Existing policies for persons with hemophilia and	69631
related bleeding disorders.	69632

(2) Developing standards of care and standards of treatment	69633
for persons with hemophilia and related bleeding disorders;	69634

(3) Developing programs of care and programs of treatment for	69635
persons with hemophilia and related bleeding disorders, including	69636
self-administration of medication, home care, medical and dental	69637
procedures, and techniques designed to provide maximum control	69638
over bleeding episodes;	69639

(4) Reviewing data and making recommendations regarding the	69640
ability of persons with hemophilia and related bleeding disorders	69641
to obtain appropriate health insurance coverage and access to	69642
appropriate care;	69643

(5) Coordinating with other state agencies and private	69644
organizations to develop community-based initiatives to increase	69645
awareness of hemophilia and related bleeding disorders.	69646

(F) The council shall annually submit to the governor and	69647
general assembly a report with recommendations on increasing	69648
access to care and treatment and obtaining appropriate health	69649
insurance coverage for persons with hemophilia and related	69650
bleeding disorders.	69651

Sec. 3701.045. (A) The department of health, in consultation	69652
with the children's trust fund board established under section	69653
3109.15 of the Revised Code and any bodies acting as child	69654
fatality review boards on ~~the effective date of this section~~	69655
October 5, 2000, shall adopt rules in accordance with Chapter 119.	69656
of the Revised Code that establish a procedure for child fatality	69657
review boards to follow in conducting a review of the death of a	69658
child. The rules shall do all of the following:	69659

(1) Establish the format for the annual reports required by	69660
section 307.626 of the Revised Code;	69661

(2) Establish guidelines for a child fatality review board to	69662
follow in compiling statistics for annual reports so that the	69663
reports do not contain any information that would permit any	69664
person's identity to be ascertained from a report;	69665

(3) Establish guidelines for a child fatality review board to	69666
follow in creating and maintaining the comprehensive database of	69667
child deaths required by section 307.623 of the Revised Code,	69668
including provisions establishing uniform record-keeping	69669
procedures;	69670

(4) Establish guidelines for reporting child fatality review	69671
data to the department of health or a national child death review	69672
database, either of which must maintain the confidentiality of	69673
information that would permit a person's identity to be	69674
ascertained;	69675

(5) Establish guidelines, materials, and training to help	69676
educate members of child fatality review boards about the purpose	69677
of the review process and the confidentiality of the information	69678
described in section 307.629 of the Revised Code and to make them	69679
aware that such information is not a public record under section	69680
149.43 of the Revised Code.	69681

(B) On or before the thirtieth day of September of each year,	69682
the department of health and the children's trust fund board	69683
jointly shall prepare and publish a report organizing and setting	69684
forth the data from the department of health child death review	69685
database or the national child death review database, data in all	69686
the reports provided by child fatality review boards in their	69687
annual reports for the previous calendar year, and ~~recommending~~	69688
recommendations for any changes to law and policy that might	69689
prevent future deaths. The department and the children's trust	69690
fund board jointly shall provide a copy of the report to the	69691
governor, the speaker of the house of representatives, the	69692
president of the senate, the minority leaders of the house of	69693
representatives and the senate, each county or regional child	69694
fatality review board, and each county or regional family and	69695
children first council.	69696

Sec. 3701.07. (A) The public health council shall adopt	69697
rules in accordance with Chapter 119. of the Revised Code defining	69698
and classifying hospitals and dispensaries and providing for the	69699
reporting of information by hospitals and dispensaries. Except as	69700
otherwise provided in the Revised Code, the rules providing for	69701
the reporting of information shall not require inclusion of any	69702
confidential patient data or any information concerning the	69703
financial condition, income, expenses, or net worth of the	69704
facilities other than that financial information already contained	69705
in those portions of the medicare or medicaid cost report that is	69706
necessary for the department of health to certify the per diem	69707
cost under section 3701.62 of the Revised Code. The rules may	69708
require the reporting of information in the following categories:	69709

(1) Information needed to identify and classify the	69710
institution;	69711

(2) Information on facilities and type and volume of services	69712
provided by the institution;	69713

(3) The number of beds listed by category of care provided;

69714

(4) The number of licensed or certified professional	69715
employees by classification;	69716

(5) The number of births that occurred at the institution the	69717
previous calendar year;	69718

(6) Any other information that the council considers relevant	69719
to the safety of patients served by the institution.	69720

Every hospital and dispensary, public or private, annually	69721
shall register with and report to the department of health.	69722
Reports shall be submitted in the manner prescribed in rules	69723
adopted under this division.	69724

(B) Every governmental entity or private nonprofit	69725
corporation or association whose employees or representatives are	69726
defined as residents' rights advocates under divisions (E)(1) and	69727
(2) of section 3721.10 or division (A)(10) of section 3722.01 of	69728
the Revised Code shall register with the department of health on	69729
forms furnished by the director of health and shall provide such	69730
reasonable identifying information as the director may prescribe.	69731

The department shall compile a list of the governmental	69732
entities, corporations, or associations registering under this	69733
division and shall update the list annually. Copies of the list	69734
shall be made available to nursing home administrators as defined	69735
in division (C) of section 3721.10 of the Revised Code and to	69736
adult care facility managers as defined in section 3722.01 of the	69737
Revised Code.	69738

~~(C) Every governmental entity or private nonprofit~~	69739
~~corporation or association whose employees or representatives act~~	69740
~~as residents' rights advocates for community alternative homes~~	69741
~~pursuant to section 3724.08 of the Revised Code shall register~~	69742
~~with the department of health on forms furnished by the director~~	69743
~~of health and shall provide such reasonable identifying~~	69744
~~information as the director may prescribe.~~	69745

~~The department shall compile a list of the governmental~~	69746
~~entities, corporations, and associations registering under this~~	69747
~~division and shall update the list annually. Copies of the list~~	69748
~~shall be made available to operators or residence managers of~~	69749
~~community alternative homes as defined in section 3724.01 of the~~	69750
~~Revised Code.~~	69751

Sec. 3701.136. (A) There is hereby created the sickle cell	69752
anemia advisory committee. The committee shall assist the	69753
director of health in fulfilling the director's duties under	69754
section 3701.131 of the Revised Code.	69755

(B) The director shall appoint five members to the committee	69756
who are familiar with sickle cell anemia, including researchers,	69757
health care professionals, and persons personally affected by	69758
sickle cell anemia.	69759

Not later than ninety days after the effective date of this	69760
section, the director shall make initial appointments to the	69761
committee. Of the initial appointments, one shall be for a term	69762
ending one year after the effective date of this section, two	69763
shall be for terms ending two years after that date, and two shall	69764
be for terms ending three years after that date. Thereafter, terms	69765
of office shall be three years, with each term ending on the same	69766
day of the same month as did the term that it succeeds. Each	69767
member shall hold office from the date of appointment until the	69768
end of the term for which the member was appointed. Members may be	69769
reappointed.	69770

Vacancies shall be filled in the same manner as original	69771
appointments. Any member appointed to fill a vacancy occurring	69772
prior to the expiration of the term for which the member's	69773
predecessor was appointed shall hold office for the remainder of	69774
that term. A member shall continue in office subsequent to the	69775
expiration date of the member's term until the member's successor	69776
takes office or until a period of sixty days has elapsed,	69777
whichever occurs first.	69778

Members of the committee shall serve without compensation,	69779
but may be reimbursed for actual and necessary expenses incurred	69780
in the performance of their duties.	69781

(C) The committee shall annually select from among its	69782
members a chairperson. The committee shall meet at the call of the	69783
chairperson, but not less than twice each year. A majority of the	69784
members of the committee constitutes a quorum.	69785

Sec. 3701.242. (A) An HIV test ~~shall~~may be performed ~~only~~	69786
~~if, prior to the test, informed consent is obtained either by the~~	69787
~~person or agency of state or local government ordering the test or~~	69788
~~by the person or agency performing the test. Consent may be given~~	69789
~~orally or in writing after the person or agency performing or~~	69790
~~ordering the test has given the individual to be tested or his~~	69791
~~guardian the following information:~~	69792

~~(1) An oral or written explanation of the test and testing~~	69793
~~procedures, including the purposes and limitations of the test and~~	69794
~~the meaning of its results;~~	69795

~~(2) An oral or written explanation that the test is~~	69796
~~voluntary, that consent to be tested may be withdrawn, if the test~~	69797
~~is performed on an outpatient basis, at any time before the~~	69798
~~individual tested leaves the premises where blood is taken for the~~	69799
~~test, or, if the test is performed on an inpatient basis, within~~	69800
~~one hour after the blood is taken for the test, and that the~~	69801
~~individual or guardian may elect to have an anonymous test;~~	69802

~~(3) An oral or written explanation about behaviors known to~~	69803
~~pose risks for transmission of HIV infection.~~	69804

~~The public health council shall adopt rules, pursuant to~~	69805
~~recommendations of the director of health and in accordance with~~	69806
~~Chapter 119. of the Revised Code, specifying the information~~	69807
~~required by this section to be given to an individual before he is~~	69808
~~given an HIV test. The rules shall contain specifications for an~~	69809
~~informed consent form that includes the required information. The~~	69810
~~director of health shall prepare and distribute the form. A person~~	69811
~~or government agency required by division (A) of this section to~~	69812
~~give information to an individual may satisfy the requirement by~~	69813
~~obtaining the signature of the individual on the form prepared by~~	69814
~~the director~~by or on the order of a health care provider who, in	69815
the exercise of the provider's professional judgment, determines	69816
the test to be necessary for providing diagnosis and treatment to	69817
the individual to be tested, if the individual or the	69818
individual's parent or guardian has given consent to the provider	69819
for medical or other health care treatment. The health care	69820
provider shall inform the individual of the individual's right	69821
under division (D) of this section to an anonymous test.	69822

(B) A minor may consent to be given an HIV test. The consent	69823
is not subject to disaffirmance because of minority. The parents	69824
or guardian of a minor giving consent under this division are not	69825
liable for payment and shall not be charged for an HIV test given	69826
to the minor without the consent of a parent or the guardian.	69827

(C) The ~~person or government agency~~health care provider	69828
ordering an HIV test shall provide post-test counseling for ~~the~~	69829
an individual who ~~was tested at the time he is told the result of~~	69830
~~the test or informed of a diagnosis of AIDS or of an AIDS-related~~	69831
~~condition~~receives an HIV-positive test result. ~~If the test was~~	69832
~~performed on the order of the individual tested, the person or~~	69833
~~government agency that performed the test shall provide~~	69834
~~counseling. The individual shall be given an oral or written~~	69835
~~explanation of the nature of AIDS and AIDS-related conditions and~~	69836
~~the relationship between the HIV test and those diseases and a~~	69837
~~list of resources for further counseling or support. When~~	69838
~~necessary, the individual shall be referred for further~~	69839
~~counseling to help him cope with the emotional consequences of~~	69840
~~learning the test result~~The public health council may adopt	69841
rules, pursuant to recommendations from the director of health	69842
and in accordance with Chapter 119. of the Revised Code,	69843
specifying the information to be provided in post-test	69844
counseling.	69845

(D) ~~Any~~An individual ~~seeking an HIV test~~ shall have the	69846
right~~, on his request,~~ to an anonymous test. A health care	69847
facility or health care provider that does not provide anonymous	69848
testing shall refer an individual requesting an anonymous test to	69849
a site where it is available.	69850

(E) Divisions ~~(A)~~(B) to (D) of this section do not apply to	69851
the performance of an HIV test in any of the following	69852
circumstances:	69853

(1) When the test is performed in a medical emergency by a	69854
nurse or physician and the test results are medically necessary to	69855
avoid or minimize an immediate danger to the health or safety of	69856
the individual to be tested or another individual, except that	69857
post-test counseling shall be given to the individual ~~as soon as~~	69858
~~possible after the emergency is over~~if the individual receives an	69859
HIV-positive test result;	69860

(2) When the test is performed for the purpose of research if	69861
the researcher does not know and cannot determine the identity of	69862
the individual tested;	69863

(3) When the test is performed by a person who procures,	69864
processes, distributes, or uses a human body part from a deceased	69865
person donated for a purpose specified in Chapter 2108. of the	69866
Revised Code, if the test is medically necessary to ensure that	69867
the body part is acceptable for its intended purpose;	69868

(4) When the test is performed on a person incarcerated in a	69869
correctional institution under the control of the department of	69870
rehabilitation and correction if the head of the institution has	69871
determined, based on good cause, that a test is necessary;	69872

(5) When the test is performed ~~by or on the order of a~~	69873
~~physician who, in the exercise of his professional judgment,~~	69874
~~determines the test to be necessary for providing diagnosis and~~	69875
~~treatment to the individual to be tested, if the individual or~~ ~~his~~	69876
parent or guardian has given consent to the physician for medical	69877
treatmentin accordance with section 2907.27 of the Revised Code;	69878

(6) When the test is performed on an individual after the	69879
infection control committee of a health care facility, or other	69880
body of a health care facility performing a similar function	69881
determines that a health care provider, emergency medical services	69882
worker, or peace officer, while rendering health or emergency care	69883
to an individual, has sustained a significant exposure to the body	69884
fluids of that individual, and the individual has refused to give	69885
consent for testing.	69886

~~(F) If the requirements of division (A) of this section have~~	69887
~~been met, consent to be tested given under that division shall be~~	69888
~~presumed to be valid and effective, and no evidence is admissible~~	69889
~~in a civil action to impeach, modify, or limit the consent.~~	69890

~~(G) The consent of the individual to be tested is not~~	69891
~~required, and the individual or guardian may not elect to have an~~	69892
~~anonymous test, when the test is ordered by a court in connection~~	69893
~~with a criminal investigation.~~	69894

Sec. 3701.247. (A)(1) Any of the following persons may bring	69895
an action in a probate court for an order compelling another	69896
person to undergo HIV testing:	69897

(a) A person who believes hethe person may have been exposed	69898
to HIV infection while rendering health or emergency care to the	69899
other person;	69900

(b) A peace officer who believes hethe peace officer may	69901
have been exposed to HIV infection while dealing with the other	69902
person in the performance of ~~his~~official duties.	69903

(2) The complaint in the action shall be accompanied by an	69904
affidavit in which the plaintiff attests to all of the following:	69905

(a) While rendering health or emergency care to the	69906
defendant, or while dealing with the defendant in the performance	69907
of ~~his~~the plaintiff's duties, the plaintiff sustained a	69908
significant exposure to body fluids of the defendant that are	69909
known to transmit HIV;	69910

(b) The plaintiff has reason to believe the defendant may	69911
have an HIV infection;	69912

(c) The plaintiff made a reasonable attempt to have the	69913
defendant submit to HIV testing in accordance with section	69914
3701.242 of the Revised Code, and notified the defendant that he	69915
the plaintiff would bring an action under this section on the	69916
defendant's refusal or failure to be tested, but the defendant has	69917
not been tested;	69918

(d) Within seven days after the exposure, the plaintiff took	69919
an HIV test ~~and also has received counseling pursuant to section~~	69920
~~3701.242 of the Revised Code~~.	69921

In the complaint, the defendant shall be identified by a	69922
pseudonym and ~~his~~the defendant's name communicated to the court	69923
confidentially pursuant to a court order restricting the use of	69924
the name. Proceedings shall be conducted in chambers unless the	69925
defendant agrees to a hearing in open court.	69926

(B) The court shall hold a hearing on the complaint at the	69927
earliest possible time but not later than the third business day	69928
after the day the defendant is served with the complaint and	69929
notice of the hearing. The court shall enter judgment on the	69930
complaint on the day the hearing is concluded.	69931

(C) Notwithstanding division (A) of section 3701.242 of the	69932
Revised Code, the court may order the defendant to undergo HIV	69933
testing if it finds by clear and convincing evidence that the	69934
plaintiff has proved the matters attested to in ~~his~~the	69935
plaintiff's affidavit and has demonstrated that hethe plaintiff	69936
has a compelling need for the results of the test and no other	69937
means exist to accommodate the need. If granted, the order shall	69938
guard against unauthorized disclosure of the test results by	69939
specifying the persons and governmental entities that may have	69940
access to the results and by limiting further disclosure. The	69941
court shall require that the defendant be given test results and,	69942
if the defendant's test results are HIV-positive, that post-test	69943
counseling be provided ~~him~~the defendant in accordance with	69944
division (C) of section 3701.242 of the Revised Code. The court	69945
may order the plaintiff to pay the cost of the defendant's testing	69946
and counseling.	69947

Sec. 3701.344. As used in this section and sections	69948
3701.345, 3701.346, and 3701.347 of the Revised Code:	69949

(A) "Private water system" means any water system for the	69950
provision of water for human consumption, if such system has fewer	69951
than fifteen service connections and does not regularly serve an	69952
average of at least twenty-five individuals daily at least sixty	69953
days out of the year. A private water system includes any well,	69954
spring, cistern, pond, or hauled water and any equipment for the	69955
collection, transportation, filtration, disinfection, treatment,	69956
or storage of such water extending from and including the source	69957
of the water to the point of discharge from any pressure tank or	69958
other storage vessel; to the point of discharge from the water	69959
pump where no pressure tank or other storage vessel is present;	69960
or, in the case of multiple service connections serving more than	69961
one dwelling, to the point of discharge from each service	69962
connection. ~~A private~~"Private water system" does not include the	69963
water service line extending from the point of discharge to a	69964
structure.	69965

(B) Notwithstanding section 3701.347 of the Revised Code and	69966
subject to division (C) of this section, rules adopted by the	69967
public health council regarding private water systems shall	69968
provide for the following:	69969

(1) Except as otherwise provided in this division, boards of	69970
health of city or general health districts shall be given the	69971
exclusive power to establish fees in accordance with section	69972
3709.09 of the Revised Code for administering and enforcing such	69973
rules. Such fees shall establish a different rate for	69974
administering and enforcing the rules relative to private water	69975
systems serving single-family dwelling houses and nonsingle-family	69976
dwelling houses. Except for an amount established by the public	69977
health council, pursuant to division (B)(5) of this section, for	69978
each new private water system installation, no portion of any fee	69979
for administering and enforcing such rules shall be returned to	69980
the department of health. If the director of health determines	69981
that a board of health of a city or general health district is	69982
unable to administer and enforce a private water system program in	69983
the district, the director shall administer and enforce such a	69984
program in the district and establish fees for such administration	69985
and enforcement.	69986

(2) Boards of health of city or general health districts	69987
shall be given the exclusive power to determine the number of	69988
inspections necessary for determining the safe drinking	69989
characteristics of a private water system.	69990

(3) Private water systems contractors, as a condition of	69991
doing business in this state, shall annually register with, and	69992
comply with surety bonding requirements of, the department of	69993
health. No such contractor shall be permitted to register if he	69994
the contractor fails to comply with all applicable rules adopted	69995
by the public health council and the board of health of the city	69996
or general health district. The annual registration fee for	69997
private water systems contractors shall be sixty-five dollars. The	69998
public health council, by rule adopted in accordance with Chapter	69999
119. of the Revised Code, may increase the annual registration	70000
fee. Before January 1, 1993, the fee shall not be increased by	70001
more than fifty per cent of the amount prescribed by this section.	70002

(4) Boards of health of city or general health districts	70003
subject to such rules of the public health council shall have the	70004
option of determining whether bacteriological examinations shall	70005
be performed at approved laboratories of the state or at approved	70006
private laboratories.	70007

(5) The public health council may establish fees for each new	70008
private water system installation, which shall be collected by the	70009
appropriate ~~city or general health district~~board of health and	70010
~~returned~~transmitted to the ~~department~~director of health	70011
pursuant to section 3709.092 of the Revised Code.	70012

(6) All fees ~~collected~~received by the director of health	70013
under divisions (B)(1), (3), and (5) of this section shall be	70014
deposited in the state treasury to the credit of the general	70015
operations fund created in section 3701.83 of the Revised Code	70016
for use in the administration and enforcement of sections	70017
3701.344 to 3701.347 of the Revised Code and the rules pertaining	70018
to private water systems adopted under those sections or section	70019
3701.34 of the Revised Code.	70020

(C) To the extent that rules adopted under division (B) of	70021
this section require health districts to follow specific	70022
procedures or use prescribed forms, no such procedure or form	70023
shall be implemented until it is approved by majority vote of an	70024
approval board of health commissioners, hereby created. Members of	70025
the board shall be the officers of the association of Ohio health	70026
commissioners, or any successor organization, and membership on	70027
the board shall be coterminous with holding an office of the	70028
association. No health district is required to follow a procedure	70029
or use a form required by a rule adopted under division (B) of	70030
this section without the approval of the board.	70031

(D) A board of health shall collect well log filing fees on	70032
behalf of the division of soil and water resources in the	70033
department of natural resources in accordance with section	70034
1521.05 of the Revised Code and rules adopted under it. The fees	70035
shall be submitted to the division quarterly as provided in those	70036
rules.	70037

Sec. 3701.611. (A) The governor shall create the help me	70038
grow advisory council in accordance with 20 U.S.C. 1441, which	70039
shall serve as the state interagency coordinating council, as	70040
described in 20 U.S.C. 1441. Members of the council shall	70041
reasonably represent the population of this state. The governor	70042
shall appoint as a member of the council a representative of a	70043
board of health of a city or general health district or an	70044
authority having the duties of a board of health under section	70045
3709.05 of the Revised Code.	70046

The governor shall appoint one of the council members to	70047
serve as chairperson of the council, or the governor may delegate	70048
appointment of the chairperson to the council. No member of the	70049
council representing the department of health shall serve as	70050
chairperson.	70051

(B) The council shall meet at least once in each quarter of	70052
the calendar year. The chairperson may call additional meetings if	70053
necessary.	70054

(C) A member of the council shall not vote on any matter that	70055
is likely to provide a direct financial benefit to that member or	70056
otherwise be a conflict of interest.	70057

(D) The governor may reimburse members of the council for	70058
actual and necessary expenses incurred in the performance of their	70059
official duties, including child care for the parent	70060
representatives described in 20 U.S.C. 1441(b)(1)(A). The governor	70061
also may compensate members of the council who are not employed or	70062
who must forfeit wages from other employment when performing	70063
official council business.	70064

(E) The department of health shall serve as the "lead	70065
agency," as described by 20 U.S.C. 1435(a)(10).	70066

(F) The help me grow advisory council shall do all of the	70067
following:	70068

(1) Advise and assist the department of health in the	70069
performance of the responsibilities described in 20 U.S.C.	70070
1435(a)(10), including the following:	70071

(a) Identification of the sources of fiscal and other support	70072
for services for early intervention programs;	70073

(b) Assignment of financial responsibility to the appropriate	70074
agency, in accordance with 20 U.S.C. 1437(a)(2);	70075

(c) Promotion of formal interagency agreements that define	70076
the financial responsibility of each agency for paying for early	70077
intervention services and procedures for resolving disputes;	70078

(2) Advise and assist the department of health in the	70079
preparation and amendment of applications related to the	70080
department of health's responsibilities described in 20 U.S.C.	70081
1435(a)(10);	70082

(3) Advise and assist the department of education regarding	70083
the transition of toddlers with disabilities to preschool and	70084
other appropriate services;	70085

(4) Prepare and submit an annual report to the governor,	70086
before the thirtieth day of September, on the status of early	70087
intervention programs for infants and toddlers with disabilities	70088
and their families operated within this state during the most	70089
recent fiscal year.	70090

(G) The help me grow advisory council may advise and assist	70091
the department of health and the department of education regarding	70092
the provision of appropriate services for children age five and	70093
younger. The council may advise appropriate agencies about the	70094
integration of services for infants and toddlers with	70095
disabilities, and at-risk infants and toddlers and their families,	70096
regardless of whether at-risk infants and toddlers are eligible	70097
for early intervention services.	70098

(H) The help me grow advisory council shall promote	70099
family-centered programs and services that acknowledge and support	70100
the social, emotional, cognitive, intellectual, and physical	70101
development of children and the vital role of families in ensuring	70102
the well-being and success of children.	70103

Sec. 3701.78. (A) There is hereby created the commission on	70104
minority health, consisting of ~~eighteen~~twenty-one members. The	70105
governor shall appoint to the commission nine members from among	70106
health researchers, health planners, and health professionals. The	70107
governor also shall appoint two members who are representatives of	70108
the lupus awareness and education program. The speaker of the	70109
house of representatives shall appoint to the commission two	70110
members of the house of representatives, not more than one of whom	70111
is a member of the same political party, and the president of the	70112
senate shall appoint to the commission two members of the senate,	70113
not more than one of whom is a member of the same political party.	70114
The directors of health, mental health, mental retardation and	70115
developmental disabilities, alcohol and drug addiction services,	70116
and job and family services, or their designees, and the	70117
superintendent of public instruction, or the superintendent's	70118
designee, shall be members of the commission. The commission	70119
shall elect a chairperson from among its members. Of the members	70120
appointed by the governor, five shall be appointed to initial	70121
terms of one year, and four shall be appointed to initial terms	70122
of two years. Thereafter, all members appointed by the governor	70123
shall be appointed to terms of two years. All members of the	70124
commission appointed by the speaker of the house of	70125
representatives or the president of the senate shall be nonvoting	70126
members of the commission and be appointed within thirty days	70127
after the commencement of the first regular session of each	70128
general assembly, and shall serve until the expiration of the	70129
session of the general assembly during which they were appointed.	70130
Members of the commission shall serve without compensation, but	70131
shall be reimbursed for the actual and necessary expenses they	70132
incur in the performance of their official duties.	70133

(B) The commission shall promote health and the prevention of	70134
disease among members of minority groups. Each year the commission	70135
shall distribute grants from available funds to community-based	70136
health groups to be used to promote health and the prevention of	70137
disease among members of minority groups. As used in this	70138
division, "minority group" means any of the following economically	70139
disadvantaged groups: Blacks, American Indians, Hispanics, and	70140
Orientals. The commission shall adopt and maintain rules pursuant	70141
to Chapter 119. of the Revised Code to provide for the	70142
distribution of these grants. No group shall qualify to receive a	70143
grant from the commission unless it receives at least twenty per	70144
cent of its funds from sources other than grants distributed under	70145
this section.	70146

(C) The commission may appoint such employees as it considers	70147
necessary to carry out its duties under this section. The	70148
department of health shall provide office space for the	70149
commission.	70150

(D) The commission shall meet at the call of its chairperson	70151
to conduct its official business. A majority of the voting members	70152
of the commission constitute a quorum. The votes of at least eight	70153
voting members of the commission are necessary for the commission	70154
to take any official action or to approve the distribution of	70155
grants under this section.	70156

Sec. 3702.30. (A) As used in this section:

70157

(1) "Ambulatory surgical facility" means a facility, whether	70158
or not part of the same organization as a hospital, that is	70159
located in a building distinct from another in which inpatient	70160
care is provided, and to which any of the following apply:	70161

(a) Outpatient surgery is routinely performed in the	70162
facility, and the facility functions separately from a hospital's	70163
inpatient surgical service and from the offices of private	70164
physicians, podiatrists, and dentists.	70165

(b) Anesthesia is administered in the facility by an	70166
anesthesiologist or certified registered nurse anesthetist, and	70167
the facility functions separately from a hospital's inpatient	70168
surgical service and from the offices of private physicians,	70169
podiatrists, and dentists.	70170

(c) The facility applies to be certified by the United States	70171
centers for medicare and medicaid services as an ambulatory	70172
surgical center for purposes of reimbursement under Part B of the	70173
medicare program, Part B of Title XVIII of the "Social Security	70174
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	70175

(d) The facility applies to be certified by a national	70176
accrediting body approved by the centers for medicare and medicaid	70177
services for purposes of deemed compliance with the conditions for	70178
participating in the medicare program as an ambulatory surgical	70179
center.	70180

(e) The facility bills or receives from any third-party	70181
payer, governmental health care program, or other person or	70182
government entity any ambulatory surgical facility fee that is	70183
billed or paid in addition to any fee for professional services.	70184

(f) The facility is held out to any person or government	70185
entity as an ambulatory surgical facility or similar facility by	70186
means of signage, advertising, or other promotional efforts.	70187

"Ambulatory surgical facility" does not include a hospital	70188
emergency department.	70189

(2) "Ambulatory surgical facility fee" means a fee for	70190
certain overhead costs associated with providing surgical services	70191
in an outpatient setting. A fee is an ambulatory surgical facility	70192
fee only if it directly or indirectly pays for costs associated	70193
with any of the following:	70194

(a) Use of operating and recovery rooms, preparation areas,	70195
and waiting rooms and lounges for patients and relatives;	70196

(b) Administrative functions, record keeping, housekeeping,	70197
utilities, and rent;	70198

(c) Services provided by nurses, orderlies, technical	70199
personnel, and others involved in patient care related to	70200
providing surgery.	70201

"Ambulatory surgical facility fee" does not include any	70202
additional payment in excess of a professional fee that is	70203
provided to encourage physicians, podiatrists, and dentists to	70204
perform certain surgical procedures in their office or their group	70205
practice's office rather than a health care facility, if the	70206
purpose of the additional fee is to compensate for additional cost	70207
incurred in performing office-based surgery.	70208

(3) "Governmental health care program" has the same meaning	70209
as in section 4731.65 of the Revised Code.	70210

(4) "Health care facility" means any of the following:

70211

(a) An ambulatory surgical facility;

70212

(b) A freestanding dialysis center;

70213

70214

(d) A freestanding birthing center;

70215

(e) A freestanding radiation therapy center;

70216

(f) A freestanding or mobile diagnostic imaging center.

70217

(5) "Third-party payer" has the same meaning as in section	70218
3901.38 of the Revised Code.	70219

(B) By rule adopted in accordance with sections 3702.12 and	70220
3702.13 of the Revised Code, the director of health shall	70221
establish quality standards for health care facilities. The	70222
standards may incorporate accreditation standards or other quality	70223
standards established by any entity recognized by the director.	70224

(C) Every ambulatory surgical facility shall require that	70225
each physician who practices at the facility comply with all	70226
relevant provisions in the Revised Code that relate to the	70227
obtaining of informed consent from a patient.	70228

(D) The director shall issue a license to each health care	70229
facility that makes application for a license and demonstrates to	70230
the director that it meets the quality standards established by	70231
the rules adopted under division (B) of this section and satisfies	70232
the informed consent compliance requirements specified in division	70233
(C) of this section.	70234

(E)(1) Except as provided in division (H) of this section and	70235
in section 3702.301 of the Revised Code, no health care facility	70236
shall operate without a license issued under this section.	70237

(2) If the department of health finds that a physician who	70238
practices at a health care facility is not complying with any	70239
provision of the Revised Code related to the obtaining of informed	70240
consent from a patient, the department shall report its finding to	70241
the state medical board, the physician, and the health care	70242
facility.	70243

(3) This division does not create, and shall not be construed	70244
as creating, a new cause of action or substantive legal right	70245
against a health care facility and in favor of a patient who	70246
allegedly sustains harm as a result of the failure of the	70247
patient's physician to obtain informed consent from the patient	70248
prior to performing a procedure on or otherwise caring for the	70249
patient in the health care facility.	70250

(F) The rules adopted under division (B) of this section	70251
shall include all of the following:	70252

(1) Provisions governing application for, renewal,	70253
suspension, and revocation of a license under this section;	70254

(2) Provisions governing orders issued pursuant to section	70255
3702.32 of the Revised Code for a health care facility to cease	70256
its operations or to prohibit certain types of services provided	70257
by a health care facility;	70258

(3) Provisions governing the imposition under section 3702.32	70259
of the Revised Code of civil penalties for violations of this	70260
section or the rules adopted under this section, including a scale	70261
for determining the amount of the penalties.	70262

(G) An ambulatory surgical facility that performs or induces	70263
abortions shall comply with section 3701.791 of the Revised Code.	70264

(H) The following entities are not required to obtain a	70265
license as a freestanding diagnostic imaging center issued under	70266
this section:	70267

(1) A hospital registered under section 3701.07 of the	70268
Revised Code that provides diagnostic imaging;	70269

(2) An entity that is reviewed as part of a hospital	70270
accreditation or certification program and that provides	70271
diagnostic imaging;	70272

(3) An ambulatory surgical facility that provides diagnostic	70273
imaging in conjunction with or during any portion of a surgical	70274
procedure.	70275

Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the	70276
Revised Code:	70277

(A) "Applicant" means any person that submits an application	70278
for a certificate of need and who is designated in the application	70279
as the applicant.	70280

(B) "Person" means any individual, corporation, business	70281
trust, estate, firm, partnership, association, joint stock	70282
company, insurance company, government unit, or other entity.	70283

(C) "Certificate of need" means a written approval granted by	70284
the director of health to an applicant to authorize conducting a	70285
reviewable activity.	70286

(D) "Health service area" means a geographic region	70287
designated by the director of health under section 3702.58 of the	70288
Revised Code.	70289

(E) "Health service" means a clinically related service, such	70290
as a diagnostic, treatment, rehabilitative, or preventive service.	70291

(F) "Health service agency" means an agency designated to	70292
serve a health service area in accordance with section 3702.58 of	70293
the Revised Code.	70294

(G) "Health care facility" means:

70295

(1) A hospital registered under section 3701.07 of the	70296
Revised Code;	70297

(2) A nursing home licensed under section 3721.02 of the	70298
Revised Code, or by a political subdivision certified under	70299
section 3721.09 of the Revised Code;	70300

(3) A county home or a county nursing home as defined in	70301
section 5155.31 of the Revised Code that is certified under Title	70302
XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	70303
U.S.C.A. 301, as amended;	70304

(4) A freestanding dialysis center;

70305

(5) A freestanding inpatient rehabilitation facility;

70306

(6) An ambulatory surgical facility;

70307

(7) A freestanding cardiac catheterization facility;

70308

(8) A freestanding birthing center;

70309

(9) A freestanding or mobile diagnostic imaging center;

70310

(10) A freestanding radiation therapy center.

70311

A health care facility does not include the offices of	70312
private physicians and dentists whether for individual or group	70313
practice, residential facilities licensed under section 5123.19 of	70314
the Revised Code, or an institution for the sick that is operated	70315
exclusively for patients who use spiritual means for healing and	70316
for whom the acceptance of medical care is inconsistent with their	70317
religious beliefs, accredited by a national accrediting	70318
organization, exempt from federal income taxation under section	70319
501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	70320
U.S.C.A. 1, as amended, and providing twenty-four hour nursing	70321
care pursuant to the exemption in division (E) of section 4723.32	70322
of the Revised Code from the licensing requirements of Chapter	70323
4723. of the Revised Code.	70324

(H) "Medical equipment" means a single unit of medical	70325
equipment or a single system of components with related functions	70326
that is used to provide health services.	70327

(I) "Third-party payer" means a health insuring corporation	70328
licensed under Chapter 1751. of the Revised Code, a health	70329
maintenance organization as defined in division (K) of this	70330
section, an insurance company that issues sickness and accident	70331
insurance in conformity with Chapter 3923. of the Revised Code, a	70332
state-financed health insurance program under Chapter 3701.,	70333
4123., or 5111. of the Revised Code, or any self-insurance plan.	70334

(J) "Government unit" means the state and any county,	70335
municipal corporation, township, or other political subdivision of	70336
the state, or any department, division, board, or other agency of	70337
the state or a political subdivision.	70338

(K) "Health maintenance organization" means a public or	70339
private organization organized under the law of any state that is	70340
qualified under section 1310(d) of Title XIII of the "Public	70341
Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9.	70342

(L) "Existing health care facility" means either of the	70343
following:	70344

(1) A health care facility that is licensed or otherwise	70345
authorized to operate in this state in accordance with applicable	70346
law, including a county home or a county nursing home that is	70347
certified as of February 1, 2008, under Title XVIII or Title XIX	70348
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	70349
as amended, is staffed and equipped to provide health care	70350
services, and is actively providing health services;	70351

(2) A health care facility that is licensed or otherwise	70352
authorized to operate in this state in accordance with applicable	70353
law, including a county home or a county nursing home that is	70354
certified as of February 1, 2008, under Title XVIII or Title XIX	70355
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	70356
as amended, or that has beds registered under section 3701.07 of	70357
the Revised Code as skilled nursing beds or long-term care beds	70358
and has provided services for at least three hundred sixty-five	70359
consecutive days within the twenty-four months immediately	70360
preceding the date a certificate of need application is filed with	70361
the director of health.	70362

(M) "State" means the state of Ohio, including, but not	70363
limited to, the general assembly, the supreme court, the offices	70364
of all elected state officers, and all departments, boards,	70365
offices, commissions, agencies, institutions, and other	70366
instrumentalities of the state of Ohio. "State" does not include	70367
political subdivisions.	70368

(N) "Political subdivision" means a municipal corporation,	70369
township, county, school district, and all other bodies corporate	70370
and politic responsible for governmental activities only in	70371
geographic areas smaller than that of the state to which the	70372
sovereign immunity of the state attaches.	70373

(O) "Affected person" means:

70374

(1) An applicant for a certificate of need, including an	70375
applicant whose application was reviewed comparatively with the	70376
application in question;	70377

(2) The person that requested the reviewability ruling in	70378
question;	70379

(3) Any person that resides or regularly uses health care	70380
facilities within the geographic area served or to be served by	70381
the health care services that would be provided under the	70382
certificate of need or reviewability ruling in question;	70383

(4) Any health care facility that is located in the health	70384
service area where the health care services would be provided	70385
under the certificate of need or reviewability ruling in question;	70386

(5) Third-party payers that reimburse health care facilities	70387
for services in the health service area where the health care	70388
services would be provided under the certificate of need or	70389
reviewability ruling in question;	70390

(6) Any other person who testified at a public hearing held	70391
under division (B) of section 3702.52 of the Revised Code or	70392
submitted written comments in the course of review of the	70393
certificate of need application in question.	70394

(P) "Osteopathic hospital" means a hospital registered under	70395
section 3701.07 of the Revised Code that advocates osteopathic	70396
principles and the practice and perpetuation of osteopathic	70397
medicine by doing any of the following:	70398

(1) Maintaining a department or service of osteopathic	70399
medicine or a committee on the utilization of osteopathic	70400
principles and methods, under the supervision of an osteopathic	70401
physician;	70402

(2) Maintaining an active medical staff, the majority of	70403
which is comprised of osteopathic physicians;	70404

(3) Maintaining a medical staff executive committee that has	70405
osteopathic physicians as a majority of its members.	70406

(Q) "Ambulatory surgical facility" has the same meaning as in	70407
section 3702.30 of the Revised Code.	70408

(R) ~~Except as otherwise provided in division (T) of this~~	70409
~~section, and until the termination date specified in section~~	70410
~~3702.511 of the Revised Code, "reviewable activity" means any of~~	70411
~~the following:~~	70412

~~(1) The addition by any person of any of the following health~~	70413
~~services, regardless of the amount of operating costs or capital~~	70414
~~expenditures:~~	70415

~~(a) A heart, heart-lung, lung, liver, kidney, bowel,~~	70416
~~pancreas, or bone marrow transplantation service, a stem cell~~	70417
~~harvesting and reinfusion service, or a service for~~	70418
~~transplantation of any other organ unless transplantation of the~~	70419
~~organ is designated by public health council rule not to be a~~	70420
~~reviewable activity;~~	70421

~~(b) A cardiac catheterization service;~~

70422

~~(c) An open-heart surgery service;~~

70423

~~(d) Any new, experimental medical technology that is~~	70424
~~designated by rule of the public health council.~~	70425

~~(2) The acceptance of high-risk patients, as defined in rules~~	70426
~~adopted under section 3702.57 of the Revised Code, by any cardiac~~	70427
~~catheterization service that was initiated without a certificate~~	70428
~~of need pursuant to division (R)(3)(b) of the version of this~~	70429
~~section in effect immediately prior to April 20, 1995;~~	70430

~~(3)(a) The establishment, development, or construction of a~~	70431
~~new health care facility other than a new long-term care facility~~	70432
~~or a new hospital;~~	70433

~~(b) The establishment, development, or construction of a new~~	70434
~~hospital or the relocation of an existing hospital;~~	70435

~~(c) The relocation of hospital beds, other than long-term~~	70436
~~care, perinatal, or pediatric intensive care beds, into or out of~~	70437
~~a rural area.~~	70438

~~(4)(a) The replacement of an existing hospital;~~

70439

~~(b) The replacement of an existing hospital obstetric or~~	70440
~~newborn care unit or freestanding birthing center.~~	70441

~~(5)(a) The renovation of a hospital that involves a capital~~	70442
~~expenditure, obligated on or after June 30, 1995, of five million~~	70443
~~dollars or more, not including expenditures for equipment,~~	70444
~~staffing, or operational costs. For purposes of division (R)(5)(a)~~	70445
~~of this section, a capital expenditure is obligated:~~	70446

~~(i) When a contract enforceable under Ohio law is entered~~	70447
~~into for the construction, acquisition, lease, or financing of a~~	70448
~~capital asset;~~	70449

~~(ii) When the governing body of a hospital takes formal~~	70450
~~action to commit its own funds for a construction project~~	70451
~~undertaken by the hospital as its own contractor;~~	70452

~~(iii) In the case of donated property, on the date the gift~~	70453
~~is completed under applicable Ohio law.~~	70454

~~(b) The renovation of a hospital obstetric or newborn care~~	70455
~~unit or freestanding birthing center that involves a capital~~	70456
~~expenditure of five million dollars or more, not including~~	70457
~~expenditures for equipment, staffing, or operational costs.~~	70458

~~(6) Any change in the health care services, bed capacity, or~~	70459
~~site, or any other failure to conduct the reviewable activity in~~	70460
~~substantial accordance with the approved application for which a~~	70461
~~certificate of need was granted, if the change is made prior to~~	70462
~~the date the activity for which the certificate was issued ceases~~	70463
~~to be a reviewable activity;~~	70464

~~(7) Any of the following changes in perinatal bed capacity or~~	70465
~~pediatric intensive care bed capacity:~~	70466

~~(a) An increase in bed capacity;~~

70467

~~(b) A change in service or service-level designation of~~	70468
~~newborn care beds or obstetric beds in a hospital or freestanding~~	70469
~~birthing center, other than a change of service that is provided~~	70470
~~within the service-level designation of newborn care or obstetric~~	70471
~~beds as registered by the department of health;~~	70472

~~(c) A relocation of perinatal or pediatric intensive care~~	70473
~~beds from one physical facility or site to another, excluding the~~	70474
~~relocation of beds within a hospital or freestanding birthing~~	70475
~~center or the relocation of beds among buildings of a hospital or~~	70476
~~freestanding birthing center at the same site.~~	70477

~~(8) The expenditure of more than one hundred ten per cent of~~	70478
~~the maximum expenditure specified in a certificate of need;~~	70479

~~(9) Any transfer of a certificate of need issued prior to~~	70480
~~April 20, 1995, from the person to whom it was issued to another~~	70481
~~person before the project that constitutes a reviewable activity~~	70482
~~is completed, any agreement that contemplates the transfer of a~~	70483
~~certificate of need issued prior to that date upon completion of~~	70484
~~the project, and any transfer of the controlling interest in an~~	70485
~~entity that holds a certificate of need issued prior to that date.~~	70486
~~However, the transfer of a certificate of need issued prior to~~	70487
~~that date or agreement to transfer such a certificate of need from~~	70488
~~the person to whom the certificate of need was issued to an~~	70489
~~affiliated or related person does not constitute a reviewable~~	70490
~~transfer of a certificate of need for the purposes of this~~	70491
~~division, unless the transfer results in a change in the person~~	70492
~~that holds the ultimate controlling interest in the certificate of~~	70493
~~need.~~	70494

~~(10)(a) The acquisition by any person of any of the following~~	70495
~~medical equipment, regardless of the amount of operating costs or~~	70496
~~capital expenditure:~~	70497

~~(i) A cobalt radiation therapy unit;~~

70498

~~(ii) A linear accelerator;~~

70499

~~(iii) A gamma knife unit.~~

70500

~~(b) The acquisition by any person of medical equipment with a~~	70501
~~cost of two million dollars or more. The cost of acquiring medical~~	70502
~~equipment includes the sum of the following:~~	70503

~~(i) The greater of its fair market value or the cost of its~~	70504
~~lease or purchase;~~	70505

~~(ii) The cost of installation and any other activities~~	70506
~~essential to the acquisition of the equipment and its placement~~	70507
~~into service.~~	70508

~~(11) The addition of another cardiac catheterization~~	70509
~~laboratory to an existing cardiac catheterization service.~~	70510

~~(S)~~ Except as provided in division ~~(T)~~(S) of this section,	70511
"reviewable activity" ~~also~~ means any of the following activities,	70512
~~none of which are subject to a termination date~~:	70513

(1) The establishment, development, or construction of a new	70514
long-term care facility;	70515

(2) The replacement of an existing long-term care facility;

70516

(3) The renovation of a long-term care facility that involves	70517
a capital expenditure of two million dollars or more, not	70518
including expenditures for equipment, staffing, or operational	70519
costs;	70520

(4) ~~Any~~Either of the following changes in long-term care bed	70521
capacity:	70522

(a) An increase in bed capacity;

70523

(b) A relocation of beds from one physical facility or site	70524
to another, excluding the relocation of beds within a long-term	70525
care facility or among buildings of a long-term care facility at	70526
the same site;	70527

~~(c) A recategorization of hospital beds registered under~~	70528
~~section 3701.07 of the Revised Code from another registration~~	70529
~~category to skilled nursing beds or long-term care beds~~.	70530

(5) Any change in the health services, bed capacity, or site,	70531
or any other failure to conduct the reviewable activity in	70532
substantial accordance with the approved application for which a	70533
certificate of need concerning long-term care beds was granted, if	70534
the change is made within five years after the implementation of	70535
the reviewable activity for which the certificate was granted;	70536

(6) The expenditure of more than one hundred ten per cent of	70537
the maximum expenditure specified in a certificate of need	70538
concerning long-term care beds;	70539

~~(7) Any transfer of a certificate of need that concerns~~	70540
~~long-term care beds and was issued prior to April 20, 1995, from~~	70541
~~the person to whom it was issued to another person before the~~	70542
~~project that constitutes a reviewable activity is completed, any~~	70543
~~agreement that contemplates the transfer of such a certificate of~~	70544
~~need upon completion of the project, and any transfer of the~~	70545
~~controlling interest in an entity that holds such a certificate of~~	70546
~~need. However, the transfer of a certificate of need that concerns~~	70547
~~long-term care beds and was issued prior to April 20, 1995, or~~	70548
~~agreement to transfer such a certificate of need from the person~~	70549
~~to whom the certificate was issued to an affiliated or related~~	70550
~~person does not constitute a reviewable transfer of a certificate~~	70551
~~of need for purposes of this division, unless the transfer results~~	70552
~~in a change in the person that holds the ultimate controlling~~	70553
~~interest in the certificate of need~~.	70554

~~(T)~~(S) "Reviewable activity" does not include any of the	70555
following activities:	70556

(1) Acquisition of computer hardware or software;

70557

(2) Acquisition of a telephone system;

70558

(3) Construction or acquisition of parking facilities;

70559

(4) Correction of cited deficiencies that are in violation of	70560
federal, state, or local fire, building, or safety laws and rules	70561
and that constitute an imminent threat to public health or safety;	70562

(5) Acquisition of an existing health care facility that does	70563
not involve a change in the number of the beds, by service, or in	70564
the number or type of health services;	70565

(6) Correction of cited deficiencies identified by	70566
accreditation surveys of the joint commission on accreditation of	70567
healthcare organizations or of the American osteopathic	70568
association;	70569

(7) Acquisition of medical equipment to replace the same or	70570
similar equipment for which a certificate of need has been issued	70571
if the replaced equipment is removed from service;	70572

(8) Mergers, consolidations, or other corporate	70573
reorganizations of health care facilities that do not involve a	70574
change in the number of beds, by service, or in the number or type	70575
of health services;	70576

(9) Construction, repair, or renovation of bathroom	70577
facilities;	70578

(10) Construction of laundry facilities, waste disposal	70579
facilities, dietary department projects, heating and air	70580
conditioning projects, administrative offices, and portions of	70581
medical office buildings used exclusively for physician services;	70582

(11) Acquisition of medical equipment to conduct research	70583
required by the United States food and drug administration or	70584
clinical trials sponsored by the national institute of health. Use	70585
of medical equipment that was acquired without a certificate of	70586
need under division ~~(T)~~(S)(11) of this section and for which	70587
premarket approval has been granted by the United States food and	70588
drug administration to provide services for which patients or	70589
reimbursement entities will be charged shall be a reviewable	70590
activity.	70591

(12) Removal of asbestos from a health care facility.

70592

Only that portion of a project that meets the requirements of	70593
this division ~~(T) of this section~~ is not a reviewable activity.	70594

~~(U)~~(T) "Small rural hospital" means a hospital that is	70595
located within a rural area, has fewer than one hundred beds, and	70596
to which fewer than four thousand persons were admitted during the	70597
most recent calendar year.	70598

~~(V)~~(U) "Children's hospital" means any of the following:

70599

(1) A hospital registered under section 3701.07 of the	70600
Revised Code that provides general pediatric medical and surgical	70601
care, and in which at least seventy-five per cent of annual	70602
inpatient discharges for the preceding two calendar years were	70603
individuals less than eighteen years of age;	70604

(2) A distinct portion of a hospital registered under section	70605
3701.07 of the Revised Code that provides general pediatric	70606
medical and surgical care, has a total of at least one hundred	70607
fifty registered pediatric special care and pediatric acute care	70608
beds, and in which at least seventy-five per cent of annual	70609
inpatient discharges for the preceding two calendar years were	70610
individuals less than eighteen years of age;	70611

(3) A distinct portion of a hospital, if the hospital is	70612
registered under section 3701.07 of the Revised Code as a	70613
children's hospital and the children's hospital meets all the	70614
requirements of division ~~(V)~~(U)(1) of this section.	70615

~~(W)~~(V) "Long-term care facility" means any of the following:

70616

(1) A nursing home licensed under section 3721.02 of the	70617
Revised Code or by a political subdivision certified under section	70618
3721.09 of the Revised Code;	70619

(2) The portion of any facility, including a county home or	70620
county nursing home, that is certified as a skilled nursing	70621
facility or a nursing facility under Title XVIII or XIX of the	70622
"Social Security Act";	70623

(3) The portion of any hospital that contains beds registered	70624
under section 3701.07 of the Revised Code as skilled nursing beds	70625
or long-term care beds.	70626

~~(X)~~(W) "Long-term care bed" means a bed in a long-term care	70627
facility.	70628

~~(Y) "Perinatal bed" means a bed in a hospital that is~~	70629
~~registered under section 3701.07 of the Revised Code as a newborn~~	70630
~~care bed or obstetric bed, or a bed in a freestanding birthing~~	70631
~~center.~~	70632

~~(Z)~~(X) "Freestanding birthing center" means any facility in	70633
which deliveries routinely occur, regardless of whether the	70634
facility is located on the campus of another health care facility,	70635
and which is not licensed under Chapter 3711. of the Revised Code	70636
as a level one, two, or three maternity unit or a limited	70637
maternity unit.	70638

~~(AA)~~(Y)(1) "Reviewability ruling" means a ruling issued by	70639
the director of health under division (A) of section 3702.52 of	70640
the Revised Code as to whether a particular proposed project is or	70641
is not a reviewable activity.	70642

(2) "Nonreviewability ruling" means a ruling issued under	70643
that division that a particular proposed project is not a	70644
reviewable activity.	70645

~~(BB)~~(Z)(1) "Metropolitan statistical area" means an area of	70646
this state designated a metropolitan statistical area or primary	70647
metropolitan statistical area in United States office of	70648
management and budget bulletin no. 93-17, June 30, 1993, and its	70649
attachments.	70650

(2) "Rural area" means any area of this state not located	70651
within a metropolitan statistical area.	70652

~~(CC)~~(AA) "County nursing home" has the same meaning as in	70653
section 5155.31 of the Revised Code.	70654

Sec. 3702.52. The director of health shall administer a	70655
state certificate of need program in accordance with sections	70656
3702.51 to 3702.62 of the Revised Code and rules adopted under	70657
those sections.	70658

(A) The director shall issue rulings on whether a particular	70659
proposed project is a reviewable activity. The director shall	70660
issue a ruling not later than forty-five days after receiving a	70661
request for a ruling accompanied by the information needed to make	70662
the ruling. If the director does not issue a ruling in that time,	70663
the project shall be considered to have been ruled not a	70664
reviewable activity.	70665

(B) The director shall review applications for certificates	70666
of need. Each application shall be submitted to the director on	70667
forms prescribed by the director, shall include all information	70668
required by rules adopted under division (B) of section 3702.57 of	70669
the Revised Code, and shall be accompanied by the application fee	70670
established in rules adopted under division (G) of that section.	70671

Application fees received by the director under this division	70672
shall be deposited into the state treasury to the credit of the	70673
certificate of need fund, which is hereby created. The director	70674
shall use the fund only to pay the costs of administering sections	70675
3702.11 to 3702.20, 3702.30, and 3702.51 to 3702.62 of the Revised	70676
Code and rules adopted under those sections.	70677

The director shall mail to the applicant a written notice	70678
that the application meets the criteria for a complete application	70679
specified in rules adopted under section 3702.57 of the Revised	70680
Code, or a written request for additional information, not later	70681
than thirty days after receiving an application or a response to	70682
an earlier request for information. The director shall not make	70683
more than two requests for additional information.	70684

The director may conduct a public informational hearing in	70685
the course of reviewing any application for a certificate of need,	70686
and shall conduct one if requested to do so by any affected person	70687
not later than fifteen days after the director mails the notice	70688
that the application is complete. The hearing shall be conducted	70689
in the community in which the activities authorized by the	70690
certificate of need would be carried out. Any affected person may	70691
testify at the hearing. The director may, with the health service	70692
agency's consent, designate a health service agency to conduct the	70693
hearing.	70694

Except during a public hearing or as necessary to comply with	70695
a subpoena issued under division ~~(F)~~(E) of this section, after a	70696
notice of completeness has been received, no person shall make	70697
revisions to information that was submitted to the director before	70698
the director mailed the notice of completeness or knowingly	70699
discuss in person or by telephone the merits of the application	70700
with the director. A person may supplement an application after a	70701
notice of completeness has been received by submitting clarifying	70702
information to the director. If one or more persons request a	70703
meeting in person or by telephone, the director shall make a	70704
reasonable effort to invite interested parties to the meeting or	70705
conference call.	70706

(C) All of the following apply to the process of granting or	70707
denying a certificate of need:	70708

(1) If the project proposed in a certificate of need	70709
application meets all of the applicable certificate of need	70710
criteria for approval under sections 3702.51 to 3702.62 of the	70711
Revised Code and the rules adopted under those sections, the	70712
director shall grant a certificate of need for all or part of the	70713
~~entire~~ project that is the subject of the application ~~immediately~~	70714
~~after both of the following conditions are met:~~	70715

~~(a) The board of trustees of the health service agency of the~~	70716
~~health service area in which the reviewable activity is proposed~~	70717
~~to be conducted recommends, prior to the deadline specified in~~	70718
~~division (C)(4) of this section or any extension of it under~~	70719
~~division (C)(5) of this section, that the certificate of need be~~	70720
~~granted;~~	70721

~~(b) The director does not receive any written objections to~~	70722
~~the application from any affected person by the thirtieth day~~	70723
~~after the director mails the notice of completeness~~by the	70724
applicable deadline specified in division (C)(4) of this section	70725
or any extension of it under division (C)(5) of this section.	70726

(2) ~~In the case of certificate of need applications under~~	70727
~~comparative review, if the projects proposed in the applications~~	70728
~~meet all of the applicable certificate of need criteria for~~	70729
~~approval under sections 3702.51 to 3702.62 of the Revised Code and~~	70730
~~the rules adopted under those sections, the director shall grant~~	70731
~~certificates of need for the entire projects that are the subject~~	70732
~~of the applications immediately after both of the following~~	70733
~~conditions are met:~~	70734

~~(a) The board of trustees of the health service agency of~~	70735
~~each health service area in which the reviewable activities are~~	70736
~~proposed to be conducted recommends, prior to the deadline~~	70737
~~specified in division (C)(4) of this section or any extension of~~	70738
~~it under division (C)(5) of this section, that certificates of~~	70739
~~need be granted for each of the reviewable activities to be~~	70740
~~conducted in its health service area;~~	70741

~~(b) The director does not receive any written objections to~~	70742
~~any of the applications from any affected person by the thirtieth~~	70743
~~day after the director mails the last notice of completeness.~~	70744

~~The~~The director's grant of a certificate of need ~~under~~	70745
~~division (C)(1) or (2) of this section~~ does not affect, and sets	70746
no precedent for, the director's decision to grant or deny other	70747
applications for similar reviewable activities proposed to be	70748
conducted in the same or different health service areas.	70749

(3) If the director receives written objections to an	70750
application from any affected person by the thirtieth day after	70751
mailing the notice of completeness, ~~regardless of the health~~	70752
~~service agency's recommendation,~~ the director shall notify the	70753
applicant and assign a hearing examiner to conduct an	70754
adjudication hearing concerning the application in accordance	70755
with Chapter 119. of the Revised Code. In the case of	70756
applications under comparative review, if the director receives	70757
written objections to any of the applications from any affected	70758
person by the thirtieth day after the director mails the last	70759
notice of completeness, ~~regardless of the health service agencies'~~	70760
~~recommendation,~~ the director shall notify all of the applicants	70761
and appoint a hearing examiner to conduct a consolidated	70762
adjudication hearing concerning the applications in accordance	70763
with Chapter 119. of the Revised Code. The hearing examiner shall	70764
be employed by or under contract with the department of health.	70765

The adjudication hearings may be conducted in the health	70766
service area in which the reviewable activity is proposed to be	70767
conducted. Consolidated adjudication hearings for applications in	70768
comparative review may be conducted in the geographic region in	70769
which all of the reviewable activities will be conducted. The	70770
applicant, the director, and the affected persons that filed	70771
objections to the application shall be parties to the hearing. If	70772
none of the affected persons that submitted written objections to	70773
the application appears or prosecutes the hearing, the hearing	70774
examiner shall dismiss the hearing and the director shall grant a	70775
certificate of need for all or part of the ~~entire~~ project that is	70776
the subject of the application if the proposed project meets all	70777
of the applicable certificate of need criteria for approval under	70778
sections 3702.51 to 3702.62 of the Revised Code and the rules	70779
adopted under those sections. The affected persons bear the burden	70780
of proving by a preponderance of evidence that the project is not	70781
needed or that granting the certificate would not be in accordance	70782
with sections 3702.51 to 3702.62 of the Revised Code or the rules	70783
adopted under those sections.	70784

(4) Except as provided in ~~divisions~~division (C)~~(1) and~~	70785
~~(2)~~(5) of this section, the director shall grant or deny	70786
certificate of need applications for which an adjudication hearing	70787
is not conducted under division (C)(3) of this section not later	70788
than sixty days after mailing the notice of completeness or, in	70789
the case of an application proposing addition of long-term care	70790
beds, not later than sixty days after such other time as is	70791
specified in rules adopted under section 3702.57 of the Revised	70792
Code. ~~The~~Except as provided in division (C)(5) of this section,	70793
the director shall grant or deny certificate of need	70794
applications for which an adjudication hearing is conducted under	70795
division (C)(3) of this section not later than thirty days after	70796
the expiration of the time for filing objections to the report	70797
and recommendation of the hearing examiner under section 119.09	70798
of the Revised Code. The director shall base decisions concerning	70799
applications for which an adjudication hearing is conducted under	70800
division (C)(3) of this section on the report and recommendations	70801
of the hearing examiner.	70802

(5) Except as otherwise provided in division (C)~~(1), (2), or~~	70803
(6) of this section, the director or the applicant may extend the	70804
deadline prescribed in division (C)(4) of this section once, for	70805
no longer than thirty days, by written notice before the end of	70806
the ~~original thirty-day period~~deadline prescribed by division	70807
(C)(4) of this section. An extension by the director under	70808
division (C)(5) of this section shall apply to all applications	70809
that are in comparative review.	70810

(6) No applicant in a comparative review may extend the	70811
deadline specified in division (C)(4) of this section.	70812

(7) ~~Except as provided in divisions (C)(1) and (2) of this~~	70813
~~section, the director may grant a certificate of need for all or~~	70814
~~part of the project that is the subject of an application.~~ If the	70815
director does not grant or deny the certificate by the applicable	70816
deadline specified in division (C)(4) of this section or any	70817
extension of it under division (C)(5) of this section, the	70818
certificate shall be considered to have been granted.	70819

(8) In granting a certificate of need, the director shall	70820
specify as the maximum capital expenditure the certificate holder	70821
may obligate under the certificate a figure equal to one hundred	70822
ten per cent of the approved project cost.	70823

(9) In granting a certificate of need, the director may	70824
grant the certificate with conditions that must be met by the	70825
holder of the certificate.	70826

(D) The director shall monitor the activities of persons	70827
granted certificates of need ~~concerning long-term care beds~~ during	70828
the period beginning with the granting of the certificate of need	70829
and ending five years after implementation of the activity for	70830
which the certificate was granted.	70831

~~In the case of any other certificate of need, the director~~	70832
~~shall monitor the activities of persons granted certificates of~~	70833
~~need during the period beginning with the granting of the~~	70834
~~certificate of need and ending when the activity for which the~~	70835
~~certificate was granted ceases to be a reviewable activity in~~	70836
~~accordance with section 3702.511 of the Revised Code.~~	70837

(E) When reviewing applications for certificates of need or	70838
monitoring activities of persons granted certificates of need,	70839
the director may issue and enforce, in the manner provided in	70840
section 119.09 of the Revised Code, subpoenas duces tecum to	70841
compel the production of documents relevant to review of the	70842
application or monitoring of the activities. In addition, the	70843
director or the director's designee, which may include a health	70844
service agency, may visit the sites where the activities are or	70845
will be conducted.	70846

(F) The director may withdraw certificates of need.

70847

(G) The director shall conduct, on a regular basis, health	70848
system data collection and analysis activities and prepare	70849
reports. The director shall make recommendations based upon these	70850
activities to the public health council concerning the adoption of	70851
appropriate rules under section 3702.57 of the Revised Code. All	70852
health care facilities and other health care providers shall	70853
submit to the director, upon request, any information that is	70854
necessary to conduct reviews of certificate of need applications	70855
and to develop recommendations for criteria for reviews, and that	70856
is prescribed by rules adopted under division (H) of section	70857
3702.57 of the Revised Code.	70858

(H) Any decision to grant or deny a certificate of need shall	70859
consider the special needs and circumstances resulting from moral	70860
and ethical values and the free exercise of religious rights of	70861
health care facilities administered by religious organizations,	70862
and the special needs and circumstances of ~~children's hospitals,~~	70863
inner city ~~hospitals,~~ and ~~small~~ rural ~~hospitals~~communities.	70864

Sec. 3702.524. (A) Except as provided in division (B) ~~or (C)~~	70865
of this section, a certificate of need granted on or after April	70866
20, 1995, is not transferable prior to the completion of the	70867
reviewable activity for which it was granted. If any person	70868
holding a certificate of need issued on or after that date	70869
transfers the certificate of need to another person before the	70870
reviewable activity is completed, or enters into an agreement that	70871
contemplates the transfer of the certificate of need on the	70872
completion of the reviewable activity, the certificate of need is	70873
void. If the controlling interest in an entity that holds a	70874
certificate of need issued on or after that date is transferred	70875
prior to the completion of the reviewable activity, the	70876
certificate of need is void.	70877

(B) Division (A) of this section does not prohibit the	70878
transfer of a certificate of need issued on or after April 20,	70879
1995, between affiliated or related persons, as defined in rules	70880
adopted under section 3702.57 of the Revised Code, if the transfer	70881
does not result in a change in the person that holds the ultimate	70882
controlling interest, as defined in the rules, in the certificate	70883
of need.	70884

The transfer of a health care facility after the completion	70885
of a reviewable activity for which a certificate of need was	70886
issued on or after April 20, 1995, is not a transfer of the	70887
certificate of need, unless the facility is transferred pursuant	70888
to an agreement entered into prior to the completion of the	70889
reviewable activity.	70890

~~(C) Division (A) of this section does not apply to a transfer~~	70891
~~of a certificate of need that meets all of the following~~	70892
~~conditions:~~	70893

~~(1) The certificate of need is transferred for no more than~~	70894
~~the amount of money the person transferring the certificate~~	70895
~~expended for reasonable and necessary expenses incurred in~~	70896
~~applying for and obtaining the certificate;~~	70897

~~(2) The person holding the certificate of need is unable to~~	70898
~~complete the reviewable activity for which it was issued due to~~	70899
~~circumstances beyond the person's control, including zoning~~	70900
~~restrictions, natural disasters, or comparable events;~~	70901

~~(3) The director, after reviewing documentation supplied by~~	70902
~~the person transferring the certificate of need, certifies in~~	70903
~~writing prior to the transfer that the transfer meets the~~	70904
~~conditions specified in divisions (C)(1) and (2) of this section.~~	70905

~~If the person that acquires a certificate of need under this~~	70906
~~division intends to implement the project other than in~~	70907
~~substantial compliance with the approved application for the~~	70908
~~certificate, that change is a reviewable activity for which the~~	70909
~~person must obtain another certificate of need.~~	70910

Sec. 3702.525. (A) Not later than twenty-four months after	70911
the date the director of health mails the notice that the	70912
certificate of need has been granted or, if the grant or denial of	70913
the certificate of need is appealed under section 3702.60 of the	70914
Revised Code, not later than twenty-four months after issuance of	70915
an order granting the certificate that is not subject to further	70916
appeal, each person holding a certificate of need granted on or	70917
after April 20, 1995, shall:	70918

(1) If the project for which the certificate of need was	70919
granted primarily involves construction and is to be financed	70920
primarily through external borrowing of funds, secure financial	70921
commitment for the stated purpose of developing the project and	70922
commence construction that continues uninterrupted except for	70923
interruptions or delays that are unavoidable due to reasons beyond	70924
the person's control, including labor strikes, natural disasters,	70925
material shortages, or comparable events;	70926

(2) If the project for which the certificate of need was	70927
granted primarily involves construction and is to be financed	70928
primarily internally, receive formal approval from the holder's	70929
board of directors or trustees or other governing authority to	70930
commit specified funds for implementation of the project and	70931
commence construction that continues uninterrupted except for	70932
interruptions or delays that are unavoidable due to reasons beyond	70933
the person's control, including labor strikes, natural disasters,	70934
material shortages, or comparable events;	70935

(3) If the project for which the certificate of need was	70936
granted primarily involves acquisition of medical equipment, enter	70937
into a contract to purchase or lease the equipment and to accept	70938
the equipment at the site for which the certificate was granted;	70939

(4) If the project for which the certificate of need was	70940
granted involves no capital expenditure or only minor renovations	70941
to existing structures, provide the health service or activity by	70942
the means specified in the approved application for the	70943
certificate;	70944

(5) If the project for which the certificate of need was	70945
granted primarily involves leasing a building or space that	70946
requires only minor renovations to the existing space, execute a	70947
lease and provide the health service or activity by the means	70948
specified in the approved application for the certificate;	70949

(6) If the project for which the certificate of need was	70950
granted primarily involves leasing a building or space that has	70951
not been constructed or requires substantial renovations to	70952
existing space, commence construction for the purpose of	70953
implementing the reviewable activity that continues uninterrupted	70954
except for interruptions or delays that are unavoidable due to	70955
reasons beyond the person's control, including labor strikes,	70956
natural disasters, material shortages, or comparable events.	70957

(B) The twenty-four-month period specified in division (A) of	70958
this section shall not be extended by any means, including the	70959
~~transfer of a certificate of need under division (C) of section~~	70960
~~3702.524 of the Revised Code or~~ granting of a subsequent or	70961
replacement certificate of need. Each person holding a certificate	70962
of need granted on or after April 20, 1995, shall provide the	70963
director of health documentation of compliance with that division	70964
not later than the earlier of thirty days after complying with	70965
that division or five days after the twenty-four-month period	70966
expires. Not later than the earlier of fifteen days after	70967
receiving the documentation or fifteen days after the	70968
twenty-four-month period expires, the director shall send by	70969
certified mail a notice to the holder of the certificate of need	70970
specifying whether the holder has complied with division (A) of	70971
this section.	70972

(C) Notwithstanding division (B) of this section, the	70973
twenty-four-month period specified in division (A) of this section	70974
shall be extended for an additional twenty-four months for any	70975
certificate of need granted for the purchase and relocation of	70976
licensed nursing home beds on February 26, 1999.	70977

(D) A certificate of need granted on or after April 20, 1995,	70978
expires, regardless of whether the director sends a notice under	70979
division (B) of this section, if the holder fails to comply with	70980
division (A) or (C) of this section or to provide information	70981
under division (B) of this section as necessary for the director	70982
to determine compliance.	70983

Sec. 3702.53. (A) No person shall carry out any reviewable	70984
activity unless a certificate of need for such activity has been	70985
granted under sections 3702.51 to 3702.62 of the Revised Code or	70986
the person is exempted by division ~~(T)~~(S) of section 3702.51 or	70987
section ~~3702.527, 3702.528, 3702.529,~~ 3702.5210, or 3702.62 of the	70988
Revised Code from the requirement that a certificate of need be	70989
obtained. No person shall carry out any reviewable activity if a	70990
certificate of need authorizing that activity has been withdrawn	70991
by the director of health under section 3702.52 or 3702.526 of the	70992
Revised Code. No person shall carry out a reviewable activity if	70993
the certificate of need authorizing that activity is void pursuant	70994
to section 3702.524 of the Revised Code or has expired pursuant to	70995
section 3702.525 of the Revised Code.	70996

(B) No person shall separate portions of any proposal for any	70997
reviewable activity to evade the requirements of sections 3702.51	70998
to 3702.62 of the Revised Code.	70999

(C) No person granted a certificate of need shall carry out	71000
the reviewable activity authorized by the certificate of need	71001
other than in substantial accordance with the approved application	71002
for the certificate of need.	71003

Sec. 3702.532. When the director of health determines that a	71004
person has violated section 3702.53 of the Revised Code, the	71005
director shall send a notice to the person by certified mail,	71006
return receipt requested, specifying the activity constituting the	71007
violation and the penalties imposed under section 3702.54,or	71008
3702.541~~, or 3702.542~~ of the Revised Code.	71009

Sec. 3702.54. Except as provided in ~~sections~~section	71010
3702.541 ~~and 3702.542 and former section 3702.543~~ of the Revised	71011
Code, divisions (A) and (B) of this section apply when the	71012
director of health determines that a person has violated section	71013
3702.53 of the Revised Code.	71014

(A) The director shall impose a civil penalty on the person	71015
in an amount equal to the greatest of the following:	71016

(1) Three thousand dollars;

71017

(2) Five per cent of the operating cost of the activity that	71018
constitutes the violation during the period of time it was	71019
conducted in violation of section 3702.53 of the Revised Code;	71020

(3) ~~Two~~If a certificate of need was granted, two per cent of	71021
the total approved capital cost associated with implementation of	71022
the activity for which the certificate of need was granted.	71023

In no event, however, shall the penalty exceed two hundred	71024
fifty thousand dollars.	71025

(B)(1) Notwithstanding section 3702.52 of the Revised Code,	71026
the director shall refuse to accept for review any application for	71027
a certificate of need filed by or on behalf of the person, or any	71028
successor to the person or entity related to the person, for a	71029
period of not less than one year and not more than three years	71030
after the director mails the notice of the director's	71031
determination under section 3702.532 of the Revised Code or, if	71032
the determination is appealed under section 3702.60 of the Revised	71033
Code, the issuance of the order upholding the determination that	71034
is not subject to further appeal. In determining the length of	71035
time during which applications will not be accepted, the director	71036
may consider any of the following:	71037

(a) The nature and magnitude of the violation;

71038

(b) The ability of the person to have averted the violation;

71039

(c) Whether the person disclosed the violation to the	71040
director before the director commenced his investigation;	71041

(d) The person's history of compliance with sections 3702.51	71042
to 3702.62 and the rules adopted under section 3702.57 of the	71043
Revised Code;	71044

(e) Any community hardship that may result from refusing to	71045
accept future applications from the person.	71046

(2) Notwithstanding the one-year minimum imposed by division	71047
(B)(1) of this section, the director may establish a period of	71048
less than one year during which the director will refuse to accept	71049
certificate of need applications if, after reviewing all	71050
information available to the director, the director determines and	71051
expressly indicates in the notice mailed under section 3702.532 of	71052
the Revised Code that refusing to accept applications for a longer	71053
period would result in hardship to the community in which the	71054
person provides health services. The director's finding of	71055
community hardship shall not affect the granting or denial of any	71056
future certificate of need application filed by the person.	71057

Sec. 3702.544. Each person required by section 3702.54,or	71058
3702.541~~, or 3702.542, or former section 3702.543~~ of the Revised	71059
Code to pay a civil penalty shall do so not later than sixty days	71060
after receiving the notice mailed under section 3702.532 of the	71061
Revised Code or, if the person appeals under section 3702.60 of	71062
the Revised Code the director of health's determination that a	71063
violation has occurred, not later than sixty days after the	71064
issuance of an order upholding the director's determination that	71065
is not subject to further appeal. The civil penalties shall be	71066
paid to the director. The director shall deposit them into the	71067
certificate of need fund created by section 3702.52 of the Revised	71068
Code.	71069

Sec. 3702.55. ~~Except as provided in section 3702.542 of the~~	71070
~~Revised Code, a~~A person that the director of health determines	71071
has violated section 3702.53 of the Revised Code shall cease	71072
conducting the activity that constitutes the violation or	71073
utilizing the equipment or facility resulting from the violation	71074
not later than thirty days after the person receives the notice	71075
mailed under section 3702.532 of the Revised Code or, if the	71076
person appeals the director's determination under section 3702.60	71077
of the Revised Code, thirty days after the person receives an	71078
order upholding the director's determination that is not subject	71079
to further appeal. ~~A person that applies for a certificate of need~~	71080
~~as described in section 3702.542 of the Revised Code shall cease~~	71081
~~conducting the activity or using the equipment or facility in~~	71082
~~accordance with the timetable established by the director of~~	71083
~~health under that section.~~	71084

If any person determined to have violated section 3702.53 of	71085
the Revised Code fails to cease conducting an activity or using	71086
equipment or a facility as required by this section ~~or a timetable~~	71087
~~established under section 3702.542 of the Revised Code,~~ or if the	71088
person continues to seek payment or reimbursement for services	71089
rendered or costs incurred in conducting the activity as	71090
prohibited by section 3702.56 of the Revised Code, in addition to	71091
the penalties imposed under section 3702.54,or 3702.541~~, or~~	71092
~~3702.542 or former section 3702.543~~ of the Revised Code:	71093

(A) The director of health may refuse to include any beds	71094
involved in the activity in the bed capacity of a hospital for	71095
purposes of registration under section 3701.07 of the Revised	71096
Code;	71097

(B) The director of health may refuse to license, or may	71098
revoke a license or reduce bed capacity previously granted to, a	71099
hospice care program under section 3712.04 of the Revised Code; a	71100
nursing home, rest home, or home for the aging under section	71101
3721.02 of the Revised Code; or any beds within any of those	71102
facilities that are involved in the activity;	71103

(C) A political subdivision certified under section 3721.09	71104
of the Revised Code may refuse to license, or may revoke a license	71105
or reduce bed capacity previously granted to, a nursing home, rest	71106
home, or home for the aging, or any beds within any of those	71107
facilities that are involved in the activity;	71108

(D) The director of mental health may refuse to license under	71109
section 5119.20 of the Revised Code, or may revoke a license or	71110
reduce bed capacity previously granted to, a hospital receiving	71111
mentally ill persons or beds within such a hospital that are	71112
involved in the activity;	71113

(E) The department of job and family services may refuse to	71114
enter into a provider agreement that includes a facility, beds, or	71115
services that result from the activity.	71116

Sec. 3702.57. (A) The public health council shall adopt	71117
rules establishing procedures and criteria for reviews of	71118
applications for certificates of need and issuance, denial, or	71119
withdrawal of certificates.	71120

(1) ~~The rules shall require that, in addition to any other~~	71121
~~applicable review requirements of sections 3702.51 to 3702.62 of~~	71122
~~the Revised Code and rules adopted thereunder, any application for~~	71123
~~a certificate of need from an osteopathic hospital be reviewed on~~	71124
~~the basis of the need for and the availability in the community of~~	71125
~~services and hospitals for osteopathic physicians and their~~	71126
~~patients, and in terms of its impact on existing and proposed~~	71127
~~institutional training programs for doctors of osteopathy and~~	71128
~~doctors of medicine at the student, internship, and residency~~	71129
~~training levels.~~	71130

~~(2)~~ In adopting rules that establish criteria for reviews of	71131
applications of certificates of need, the council shall consider	71132
the availability of and need for long-term care beds to provide	71133
care and treatment to persons diagnosed as having traumatic brain	71134
injuries and shall prescribe criteria for reviewing applications	71135
that propose to add long-term care beds to provide care and	71136
treatment to persons diagnosed as having traumatic brain injuries.	71137

~~(3)~~(2) The criteria for reviews of applications for	71138
certificates of need shall relate to the need for the reviewable	71139
activity and shall pertain to all of the following matters:	71140

(a) The impact of the reviewable activity on the cost and	71141
quality of health services in the relevant geographic area,	71142
including, but not limited, to the historical and projected	71143
utilization of the services to which the application pertains and	71144
the effect of the reviewable activity on utilization of other	71145
providers of similar services;	71146

(b) The quality of the services to be provided as the result	71147
of the activity, as evidenced by the historical performance of the	71148
persons that will be involved in providing the services and by the	71149
provisions that are proposed in the application to ensure quality,	71150
including but not limited to adequate available personnel,	71151
available ancillary and support services, available equipment,	71152
size and configuration of physical plant, and relations with other	71153
providers;	71154

(c) The impact of the reviewable activity on the availability	71155
and accessibility of the type of services proposed in the	71156
application to the population of the relevant geographic area, and	71157
the level of access to the services proposed in the application	71158
that will be provided to medically underserved individuals such as	71159
recipients of public assistance and individuals who have no health	71160
insurance or whose health insurance is insufficient;	71161

(d) The activity's short- and long-term financial feasibility	71162
and cost-effectiveness, the impact of the activity on the	71163
applicant's costs and charges, and a comparison of the applicant's	71164
costs and charges with those of providers of similar services in	71165
the applicant's proposed service area;	71166

(e) The advantages, disadvantages, and costs of alternatives	71167
to the reviewable activity;	71168

(f) The impact of the activity on all other providers of	71169
similar services in the health service area or other relevant	71170
geographic area, including the impact on their utilization, market	71171
share, and financial status;	71172

(g) The historical performance of the applicant and related	71173
or affiliated parties in complying with previously granted	71174
certificates of need and any applicable certification,	71175
accreditation, or licensure requirements;	71176

(h) The relationship of the activity to the current edition	71177
of the state health resources plan issued under section 3702.521	71178
of the Revised Code;	71179

(i) The historical performance of the applicant and related	71180
or affiliated parties in providing cost-effective health care	71181
services;	71182

(j) The special needs and circumstances of the applicant or	71183
population proposed to be served by the proposed project,	71184
including research activities, prevalence of particular diseases,	71185
unusual demographic characteristics, cost-effective contractual	71186
affiliations, and other special circumstances;	71187

(k) The appropriateness of the zoning status of the proposed	71188
site of the activity;	71189

(l) The participation by the applicant in research conducted	71190
by the United States food and drug administration or clinical	71191
trials sponsored by the national institutes of health.	71192

~~(4)~~(3) The criteria for reviews of applications shall include	71193
a formula for determining each county's long-term care bed need	71194
for purposes of section 3702.593 of the Revised Code and may	71195
include other formulas for determining need for beds ~~and~~	71196
~~services~~.	71197

~~(a) The criteria prescribing formulas shall not, either by~~	71198
~~themselves or in conjunction with any established occupancy~~	71199
~~guidelines, require, as a condition of being granted a certificate~~	71200
~~of need, that a hospital reduce its complement of registered beds~~	71201
~~or discontinue any service that is not related to the service or~~	71202
~~project for which the certificate of need is sought.~~	71203

~~(b) With respect to applications to conduct reviewable~~	71204
~~activities that are affected directly by the inpatient occupancy~~	71205
~~of a health care facility, including addition, relocation, or~~	71206
~~recategorization of beds or renovation or other construction~~	71207
~~activities relating to inpatient services, the rules shall~~	71208
~~prescribe criteria for determining whether the scope of the~~	71209
~~proposed project is appropriate in light of the historical and~~	71210
~~reasonably projected occupancy rates for the beds related to the~~	71211
~~project.~~	71212

~~(c)~~ Any rules prescribing criteria that establish ratios of	71213
beds~~, services, or equipment~~ to population shall specify the bases	71214
for establishing the ratios or mitigating factors or exceptions to	71215
the ratios.	71216

(B) The council shall adopt rules specifying all of the	71217
following:	71218

(1) Information that must be provided in applications for	71219
certificates of need, which shall include a plan for obligating	71220
the capital expenditure or implementing the proposed project on a	71221
timely basis in accordance with section 3702.525 of the Revised	71222
Code;	71223

(2) Procedures for reviewing applications for completeness of	71224
information;	71225

(3) Criteria for determining that the application is	71226
complete.	71227

(C) The council shall adopt rules specifying requirements	71228
that holders of certificates of need must meet in order for the	71229
certificates to remain valid and establishing definitions and	71230
requirements for obligation of capital expenditures and	71231
implementation of projects authorized by certificates of need.	71232

(D) The council shall adopt rules establishing criteria and	71233
procedures under which the director of health may withdraw a	71234
certificate of need if the holder fails to meet requirements for	71235
continued validity of the certificate.	71236

(E) The council shall adopt rules establishing procedures	71237
under which the department of health shall monitor project	71238
implementation activities of holders of certificates of need. The	71239
rules adopted under this division also may establish procedures	71240
for monitoring implementation activities of persons that have	71241
received nonreviewability rulings.	71242

(F) The council shall adopt rules establishing procedures	71243
under which the director of health shall review certificates of	71244
need whose holders exceed or appear likely to exceed an	71245
expenditure maximum specified in a certificate.	71246

(G) The council shall adopt rules establishing certificate of	71247
need application fees sufficient to pay the costs incurred by the	71248
department for administering sections 3702.51 to 3702.62 of the	71249
Revised Code and to pay health service agencies for the functions	71250
they perform under division (D)(5) of section 3702.58 of the	71251
Revised Code. Unless rules are adopted under this division	71252
establishing different application fees, the application fee for a	71253
project not involving a capital expenditure shall be three	71254
thousand dollars and the application fee for a project involving a	71255
capital expenditure shall be nine-tenths of one per cent of the	71256
capital expenditure proposed subject to a minimum of three	71257
thousand dollars and a maximum of twenty thousand dollars.	71258

(H) The council shall adopt rules specifying information that	71259
is necessary to conduct reviews of certificate of need	71260
applications and to develop recommendations for criteria for	71261
reviews that health care facilities and other health care	71262
providers are to submit to the director under division (G) of	71263
section 3702.52 of the Revised Code.	71264

(I) The council shall adopt rules defining "affiliated	71265
person," "related person," and "ultimate controlling interest" for	71266
purposes of section 3702.524 of the Revised Code.	71267

(J) The council shall adopt rules prescribing requirements	71268
for holders of certificates of need to demonstrate to the director	71269
under section 3702.526 of the Revised Code that reasonable	71270
progress is being made toward completion of the reviewable	71271
activity and establishing standards by which the director shall	71272
determine whether reasonable progress is being made.	71273

(K) ~~The council shall adopt rules defining high-risk cardiac~~	71274
~~catheterization patients. High-risk patients shall include~~	71275
~~patients with significant ischemic syndromes or unstable~~	71276
~~myocardial infarction, patients who need intervention such as~~	71277
~~angioplasty or bypass surgery, patients who may require difficult~~	71278
~~or complex catheterization procedures such as transeptal~~	71279
~~assessment of valvular dysfunction, patients with critical aortic~~	71280
~~stenosis or congestive heart failure, and other patients specified~~	71281
~~by the council.~~	71282

~~(L)~~ The public health council shall adopt all rules under	71283
divisions (A) to ~~(K)~~(J) of this section in accordance with Chapter	71284
119. of the Revised Code. The council may adopt other rules as	71285
necessary to carry out the purposes of sections 3702.51 to 3702.62	71286
of the Revised Code.	71287

Sec. 3702.59. (A) ~~Notwithstanding any conflicting provision~~	71288
~~of sections 3702.51 to 3702.62 of the Revised Code, other than~~	71289
~~the provisions of sections 3702.5210, 3702.5211, 3702.5212, and~~	71290
~~3702.5213 of the Revised Code, both of the following apply under~~	71291
~~the certificate of need program:~~	71292

~~(1) Divisions (B) to (E) of this section apply to the review~~	71293
~~of certificate of need applications during the period beginning~~	71294
~~July 1, 1993, and ending June 30, 2009.~~	71295

~~(2) Beginning July 1, 2009, the director of health shall not~~	71296
~~accept for review under section 3702.52 of the Revised Code any~~	71297
~~application for a certificate of need to recategorize hospital~~	71298
~~beds as described in section 3702.522 of the Revised Code.~~	71299

~~(B)(1) Except as provided in division (B)(2) of this section,~~	71300
~~the director of health shall neither grant nor deny any~~	71301
~~application for a certificate of need submitted prior to July 1,~~	71302
~~1993, if the application was for any of the following and the~~	71303
~~director had not issued a written decision concerning the~~	71304
~~application prior to that date:~~	71305

~~(a) Approval of beds in a new health care facility or an~~	71306
~~increase of beds in an existing health care facility, if the beds~~	71307
~~are proposed to be licensed as nursing home beds under Chapter~~	71308
~~3721. of the Revised Code;~~	71309

~~(b) Approval of beds in a new county home or new county~~	71310
~~nursing home as defined in section 5155.31 of the Revised Code, or~~	71311
~~an increase of beds in an existing county home or existing county~~	71312
~~nursing home, if the beds are proposed to be certified as skilled~~	71313
~~nursing facility beds under Title XVIII or nursing facility beds~~	71314
~~under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),~~	71315
~~42 U.S.C.A. 301, as amended;~~	71316

~~(c) Recategorization of hospital beds as described in section~~	71317
~~3702.522 of the Revised Code, an increase of hospital beds~~	71318
~~registered pursuant to section 3701.07 of the Revised Code as~~	71319
~~long-term care beds or skilled nursing facility beds, or a~~	71320
~~recategorization of hospital beds that would result in an increase~~	71321
~~of beds registered pursuant to that section as long-term care beds~~	71322
~~or skilled nursing facility beds.~~	71323

~~On July 1, 1993, the director shall return each such~~	71324
~~application to the applicant and, notwithstanding section 3702.52~~	71325
~~of the Revised Code regarding the uses of the certificate of need~~	71326
~~fund, shall refund to the applicant the application fee paid under~~	71327
~~that section. Applications returned under division (B)(1) of this~~	71328
~~section may be resubmitted in accordance with section 3702.52 of~~	71329
~~the Revised Code no sooner than July 1, 2009.~~	71330

~~(2) The director shall continue to review and shall issue a~~	71331
~~decision regarding any application submitted prior to July 1,~~	71332
~~1993, to increase beds for either of the purposes described in~~	71333
~~division (B)(1)(a) or (b) of this section if the proposed increase~~	71334
~~in beds is attributable solely to a replacement or relocation of~~	71335
~~existing beds within the same county. The director shall authorize~~	71336
~~under such an application no additional beds beyond those being~~	71337
~~replaced or relocated.~~	71338

~~(C)(1) Except as provided in division (C)(2) of this section,~~	71339
~~the director, during the period beginning July 1, 1993, and ending~~	71340
~~June 30, 2009, shall not accept for review under section 3702.52~~	71341
~~of the Revised Code any application for a certificate of need for~~	71342
~~any of the purposes described in divisions (B)(1)(a) to (c) of~~	71343
~~this section.~~	71344

~~(2)(a)~~ The director of health shall accept for review ~~any~~	71345
~~application for either of the purposes described in division~~	71346
~~(B)(1)(a) or (b) of this section if the proposed increase in beds~~	71347
~~is attributable solely to a replacement or relocation of existing~~	71348
~~beds from an existing health care facility within the same~~	71349
~~county. The director shall authorize under such an application no~~	71350
~~additional beds beyond those being replaced or relocated~~	71351
certificate of need applications as provided in sections 3702.592,	71352
3702.593, and 3702.594 of the Revised Code.	71353

(B) The director shall not approve an application for a	71354
certificate of need for addition of long-term care beds to an	71355
existing health care facility ~~by relocation of beds~~ or for the	71356
development of a new health care facility ~~by relocation of beds~~	71357
~~unless all~~if any of the following ~~conditions are met~~apply:	71358

~~(i)~~(1) The existing health care facility toin which the beds	71359
are being ~~relocated~~placed has noone or more waivers for life	71360
safety code deficiencies, noone or more state fire code	71361
violations, ~~and no~~or one or more state building code	71362
violations, orand the project identified in the application	71363
~~proposes~~does not propose to correct all life safety code	71364
deficiencies for which a waiver has been granted, all state fire	71365
code violations, and all state building code violations at the	71366
existing health care facility toin which the beds are being	71367
~~relocated~~placed;	71368

~~(ii)~~(2) During the sixty-month period preceding the filing of	71369
the application, noa notice of proposed license revocation ~~of the~~	71370
~~facility's license~~ was issued under section 3721.03 of the Revised	71371
Code ~~to the operator of~~for the existing health care facility to	71372
in which the beds are being ~~relocated~~placed or ~~to any health~~	71373
~~care facility~~a nursing home owned or operated by the applicant	71374
or ~~any principal participant in~~ the ~~same~~ corporation or other	71375
business;	71376

~~(iii) Neither the existing health care facility~~ to which the	71377
beds are being ~~relocated~~ nor any health care facility owned or	71378
operated by the applicant or any principal participant in the	71379
same corporation or other business has had a long-standing	71380
pattern of violations of this chapter or deficiencies that caused	71381
one or more residents physical, emotional, mental, or	71382
psychosocial harmthat operates or seeks to operate the health	71383
care facility in which the beds are being placed.	71384

(3) During the period that precedes the filing of the	71385
application and is encompassed by the three most recent standard	71386
surveys of the existing health care facility in which the beds	71387
are being placed, the facility was cited on three or more	71388
separate occasions for final, nonappealable deficiencies that,	71389
under 42 C.F.R. 488.404, either constitute a pattern of	71390
deficiencies resulting in actual harm that is not immediate	71391
jeopardy or are widespread deficiencies resulting in actual harm	71392
that is not immediate jeopardy.	71393

(4) During the period that precedes the filing of the	71394
application and is encompassed by the three most recent standard	71395
surveys of the existing health care facility in which the beds are	71396
being placed, the facility was cited on two or more separate	71397
occasions for final, nonappealable deficiencies that, under 42	71398
C.F.R. 488.404, either constitute a pattern of deficiencies	71399
resulting in immediate jeopardy to resident health or safety or	71400
are widespread deficiencies resulting in immediate jeopardy to	71401
resident health or safety.	71402

(5) During the period that precedes the filing of the	71403
application and is encompassed by the three most recent standard	71404
surveys of the existing health care facility in which the beds are	71405
being placed, more than two nursing homes operated in this state	71406
by the applicant or the person who operates the facility in which	71407
the beds are being placed or, if the applicant or person operates	71408
more than twenty nursing homes in this state, more than ten per	71409
cent of those nursing homes, were each cited on three or more	71410
separate occasions for final, nonappealable deficiencies that,	71411
under 42 C.F.R. 488.404, either constitute a pattern of	71412
deficiencies resulting in actual harm that is not immediate	71413
jeopardy or are widespread deficiencies resulting in actual harm	71414
that is not immediate jeopardy.	71415

(6) During the period that precedes the filing of the	71416
application and is encompassed by the three most recent standard	71417
surveys of the existing health care facility in which the beds are	71418
being placed, more than two nursing homes operated in this state	71419
by the applicant or the person who operates the facility in which	71420
the beds are being placed or, if the applicant or person operates	71421
more than twenty nursing homes in this state, more than ten per	71422
cent of those nursing homes, were each cited on two or more	71423
separate occasions for final, nonappealable deficiencies that,	71424
under 42 C.F.R. 488.404, either constitute a pattern of	71425
deficiencies resulting in immediate jeopardy to resident health or	71426
safety or are widespread deficiencies resulting in immediate	71427
jeopardy to resident health or safety.	71428

(7) During the sixty-month period preceding the filing of	71429
the application, the applicant has violated this chapter on two or	71430
more separate occasions.	71431

In applying divisions (B)(1) to (6) of this section, the	71432
director shall not consider deficiencies cited before the current	71433
operator began to operate the health care facility at which the	71434
deficiencies were cited. The director may disregard deficiencies	71435
cited after the health care facility was acquired by the current	71436
operator if the deficiencies were attributable to circumstances	71437
that arose under the previous operator and the current operator	71438
has implemented measures to alleviate the circumstances. In the	71439
case of an application proposing development of a new health care	71440
facility by relocation of beds, the director shall not consider	71441
deficiencies that were solely attributable to the physical plant	71442
of the existing health care facility from which the beds are	71443
being relocated.	71444

~~(b)~~(C) The director also shall accept for review any	71445
application for the conversion of infirmary beds to long-term	71446
care beds if the infirmary meets all of the following conditions:	71447

~~(i)~~(1) Is operated exclusively by a religious order;

71448

~~(ii)~~(2) Provides care exclusively to members of religious	71449
orders who take vows of celibacy and live by virtue of their vows	71450
within the orders as if related;	71451

~~(iii)~~(3) Was providing care exclusively to members of such a	71452
religious order on January 1, 1994.	71453

~~(D) The director shall issue a decision regarding any case~~	71454
~~remanded by a court as the result of a decision issued by the~~	71455
~~director prior to July 1, 1993, to grant, deny, or withdraw a~~	71456
~~certificate of need for any of the purposes described in divisions~~	71457
~~(B)(1)(a) to (c) of this section.~~	71458

~~(E) The director shall not project the need for beds listed~~	71459
~~in division (B)(1) of this section for the period beginning July~~	71460
~~1, 1993, and ending June 30, 2009~~At no time shall individuals	71461
other than those described in division (C)(2) of this section be	71462
admitted to a facility to use beds for which a certificate of need	71463
is approved under this division.	71464

Sec. 3702.592. (A) The director of health shall accept, for	71465
review under section 3702.52 of the Revised Code, certificate of	71466
need applications for any of the following purposes if the	71467
proposed increase in beds is attributable solely to a replacement	71468
or relocation of existing beds from an existing health care	71469
facility within the same county:	71470

(1) Approval of beds in a new health care facility or an	71471
increase of beds in an existing health care facility if the beds	71472
are proposed to be licensed as nursing home beds under Chapter	71473
3721. of the Revised Code;	71474

(2) Approval of beds in a new county home or new county	71475
nursing home, or an increase of beds in an existing county home or	71476
existing county nursing home if the beds are proposed to be	71477
certified as skilled nursing facility beds under the medicare	71478
program, Title XVIII of the "Social Security Act," 49 Stat. 286	71479
(1965), 42 U.S.C. 1395, as amended, or nursing facility beds under	71480
the medicaid program, Title XIX of the "Social Security Act," 49	71481
Stat. 286 (1965), 42 U.S.C. 1396, as amended;	71482

(3) An increase of hospital beds registered pursuant to	71483
section 3701.07 of the Revised Code as long-term care beds;	71484

(4) An increase of hospital beds registered pursuant to	71485
section 3701.07 of the Revised Code as special skilled nursing	71486
beds that were originally authorized by and are operated in	71487
accordance with section 3702.522 of the Revised Code.	71488

(B) The director shall accept applications described in	71489
division (A) of this section at any time.	71490

Sec. 3702.593. (A) At the times specified in this section,	71491
the director of health shall accept, for review under section	71492
3702.52 of the Revised Code, certificate of need applications for	71493
any of the following purposes if the proposed increase in beds is	71494
attributable solely to relocation of existing beds from an	71495
existing health care facility in a county with excess beds to a	71496
health care facility in a county in which there are fewer	71497
long-term care beds than the county's bed need:	71498

(1) Approval of beds in a new health care facility or an	71499
increase of beds in an existing health care facility if the beds	71500
are proposed to be licensed as nursing home beds under Chapter	71501
3721. of the Revised Code;	71502

(2) Approval of beds in a new county home or new county	71503
nursing home, or an increase of beds in an existing county home or	71504
existing county nursing home if the beds are proposed to be	71505
certified as skilled nursing facility beds under the medicare	71506
program, Title XVIII of the "Social Security Act," 49 Stat. 286	71507
(1965), 42 U.S.C. 1395, as amended, or nursing facility beds under	71508
the medicaid program, Title XIX of the "Social Security Act," 49	71509
Stat. 286 (1965), 42 U.S.C. 1396, as amended;	71510

(3) An increase of hospital beds registered pursuant to	71511
section 3701.07 of the Revised Code as long-term care beds.	71512

(B) For the purpose of implementing this section, the	71513
director shall do all of the following:	71514

(1) Determine the long-term care bed supply for each county,	71515
which shall consist of all of the following:	71516

(a) Nursing home beds licensed under Chapter 3721. of the	71517
Revised Code;	71518

(b) Beds certified as skilled nursing facility beds under the	71519
medicare program or nursing facility beds under the medicaid	71520
program;	71521

(c) Beds in a county home or county nursing home that are	71522
certified under section 5155.38 of the Revised Code as having been	71523
in operation on July 1, 1993, and are eligible for licensure as	71524
nursing home beds;	71525

(d) Beds held as approved long-term care beds under a	71526
certificate of need approved by the director.	71527

(2) Determine the long-term care bed occupancy rate for the	71528
state at the time the determination is made;	71529

(3) For each county, determine the county's bed need by	71530
identifying the number of long-term care beds that would be needed	71531
in the county in order for the statewide occupancy rate for a	71532
projected population aged sixty-five and older to be ninety per	71533
cent.	71534

In determining each county's bed need, the director shall use	71535
the formula developed in rules adopted under section 3702.57 of	71536
the Revised Code. The director's first determination after the	71537
effective date of this section shall be made not later than April	71538
1, 2010. The second determination shall be made not later than	71539
April 1, 2012. Thereafter, a determination shall be made every	71540
four years. After each determination is made, the director shall	71541
publish the county's bed need on the web site maintained by the	71542
department of health.	71543

(C) The director's consideration of a certificate of need	71544
that would increase the number of beds in a county shall be	71545
consistent with the county's bed need determined under division	71546
(B) of this section except as follows:	71547

(1) If a county's occupancy rate is less than eighty-five per	71548
cent, the county shall be considered to have no need for	71549
additional beds.	71550

(2) Even if a county is determined not to need any additional	71551
long-term care beds, the director may approve an increase in beds	71552
equal to up to ten per cent of the county's bed supply if the	71553
county's occupancy rate is greater than ninety per cent.	71554

(D)(1) Applications made under this section shall be subject	71555
to comparative review. The review period for the first comparative	71556
review process after the effective date of this section shall	71557
begin July 1, 2010, and end June 30, 2012. Thereafter, the review	71558
period for each comparative review process shall be four years.	71559

(2) Certificate of need applications shall be accepted and	71560
reviewed from the first day of the review period through the	71561
thirtieth day of April of the following year.	71562

(3) Except for the first review period after the effective	71563
date of this section, each review period may consist of two	71564
phases. The first phase of the review period shall be the period	71565
during which the director accepts and reviews certificate of need	71566
applications as provided in division (D)(2) of this section. If	71567
the director determines that there will be acceptance and review	71568
of additional certificate of need applications, the second phase	71569
of the review period shall begin on the first day of July of the	71570
third year of the review period. The second phase shall be	71571
limited to acceptance and review of applications for	71572
redistribution of beds made available pursuant to division (G)(2)	71573
of this section. During the period between the first and second	71574
phases of the review period, the director shall act in accordance	71575
with division (H) of this section.	71576

(E) The director shall consider certificate of need	71577
applications in accordance with all of the following:	71578

(1) The number of beds approved for a county shall include	71579
only beds available for relocation from another county and shall	71580
not exceed the bed need of the receiving county;	71581

(2) The director shall consider the existence of community	71582
resources serving persons who are age sixty-five or older or	71583
disabled that are demonstrably effective in providing alternatives	71584
to long-term care facility placement.	71585

(3) The director shall approve relocation of beds from a	71586
county only if, after the relocation, the number of beds remaining	71587
in the county will exceed the county's bed need by at least one	71588
hundred beds;	71589

(4) The director shall approve relocation of beds from a	71590
health care facility only if, after the relocation, the number of	71591
beds in the facility's service area is at least equal to the state	71592
bed need rate. For purposes of this division, a facility's service	71593
area shall be either of the following:	71594

(a) The census tract in which the facility is located, if the	71595
facility is located in an area designated by the United States	71596
secretary of health and human services as a health professional	71597
shortage area under the "Public Health Service Act," 88 Stat. 682	71598
(1944), 42 U.S.C. 254(e), as amended;	71599

(b) The area that is within a fifteen mile radius of the	71600
facility's location, if the facility is not located in a health	71601
professional shortage area.	71602

(F) In determining which applicants should receive preference	71603
in the comparative review process, the director shall consider all	71604
of the following as weighted priorities:	71605

(1) Whether the beds will be part of a continuing care	71606
retirement community;	71607

(2) Whether the beds will serve an underserved population,	71608
such as low-income individuals, individuals with disabilities, or	71609
individuals who are members of racial or ethnic minority groups;	71610

(3) Whether the project in which the beds will be included	71611
will provide alternatives to institutional care, such as adult	71612
day-care, home health care, respite or hospice care, mobile	71613
meals, residential care, independent living, or congregate living	71614
services;	71615

(4) Whether the health care facility's owner or operator will	71616
participate in medicaid waiver programs for alternatives to	71617
institutional care;	71618

(5) Whether the project in which the beds will be included	71619
will reduce alternatives to institutional care by converting	71620
residential care beds or other alternative care beds to long-term	71621
care beds;	71622

(6) Whether the facility in which the beds will be placed	71623
has positive resident and family satisfaction surveys;	71624

(7) Whether the facility in which the beds will be placed	71625
has fewer than fifty long-term care beds;	71626

(8) Whether the health care facility in which the beds will	71627
be placed is located within the service area of a hospital and is	71628
designed to accept patients for rehabilitation after an in-patient	71629
hospital stay;	71630

(9) Whether the health care facility in which the beds will	71631
be placed is or proposes to become a nurse aide training and	71632
testing site;	71633

(10) The rating, under the centers for medicare and medicaid	71634
services' five star nursing home quality rating system, of the	71635
health care facility in which the beds will be placed.	71636

(G)(1) When a certificate of need application is approved	71637
during the initial phase of a four-year review period, on	71638
completion of the project under which the beds are relocated,	71639
that number of beds shall cease to be operated in the health care	71640
facility from which they were relocated and, if the licensure or	71641
certification of those beds cannot be or is not transferred to	71642
the facility to which the beds are relocated, the licensure or	71643
certification shall be surrendered.	71644

(2) In addition to the actions required by division (G)(1) of	71645
this section, the health care facility from which the beds were	71646
relocated shall reduce the number of beds operated in the facility	71647
by a number of beds equal to at least ten per cent of the number	71648
of beds relocated and shall surrender the licensure or	71649
certification of those beds. This reduction shall be made not	71650
later than the completion date of the project for which the beds	71651
were relocated.	71652

(H)(1) Once approval of certificate of need applications in	71653
the first phase of a four-year review period is complete, the	71654
director shall make a new determination of the bed need for each	71655
county by reducing the county's bed need by the number of beds	71656
approved for relocation to the county. The new bed-need	71657
determination shall be made not later than the first day of April	71658
of the third year of the review period.	71659

(2) The director may publish on the department's web site the	71660
remaining bed need for counties that will be considered for	71661
redistribution of beds that, in accordance with division (G)(2) of	71662
this section, have ceased or will cease to be operated. The	71663
director shall base the determination of whether to include a	71664
county on all of the following:	71665

(a) The statewide number of beds that, in accordance with	71666
division (G)(2) of this section, have ceased or will cease to be	71667
operated;	71668

(b) The county's remaining bed need;

71669

71670

(I) If the director publishes the remaining bed need for a	71671
county under division (H)(2) of this section, the director may,	71672
beginning on the first day of the second phase of the review	71673
period, accept certificate of need applications for redistribution	71674
to health care facilities in that county of beds that have ceased	71675
or will cease operation in accordance with division (G)(2) of	71676
this section. The total number of beds approved for	71677
redistribution in the second phase of a review period shall not	71678
exceed the number that have ceased or will cease operation in	71679
accordance with division (G)(2) of this section. Beds that are	71680
not approved for redistribution during the second phase of a	71681
review period shall not be available for redistribution at any	71682
future time.	71683

Sec. 3702.594. (A) The director of health shall accept, for	71684
review under section 3702.52 of the Revised Code, certificate of	71685
need applications for an increase in beds in an existing nursing	71686
home if all of the following conditions are met:	71687

(1) The proposed increase is attributable solely to a	71688
relocation of licensed nursing home beds from an existing nursing	71689
home to another existing nursing home located in a county that is	71690
contiguous to the county from which the beds are to be relocated;	71691

(2) Not more than thirty nursing home beds are proposed for	71692
relocation;	71693

(3) After the proposed relocation, there will be existing	71694
nursing home beds remaining in the county from which the beds are	71695
relocated;	71696

(4) The beds are proposed to be licensed as nursing home beds	71697
under Chapter 3721. of the Revised Code.	71698

(B) The director shall accept applications described in	71699
division (A) of this section at any time.	71700

Sec. 3702.60. (A) Any affected person may appeal a	71701
reviewability ruling issued on or after April 20, 1995, to the	71702
director of health in accordance with Chapter 119. of the Revised	71703
Code, and the director shall provide an adjudication hearing in	71704
accordance with that chapter. An affected person may appeal the	71705
director's ruling in the adjudication hearing to the tenth	71706
district court of appeals.	71707

(B) The certificate of need applicant or another affected	71708
person may appeal to the director in accordance with Chapter 119.	71709
of the Revised Code a decision issued by the director on or after	71710
April 20, 1995, to grant or deny a certificate of need application	71711
for which an adjudication hearing was not conducted under section	71712
3702.52 of the Revised Code, and the director shall provide an	71713
adjudication hearing in accordance with that chapter. The	71714
certificate of need applicant or an affected person that was a	71715
party to and participated in an adjudication hearing conducted	71716
under this division or section 3702.52 of the Revised Code may	71717
appeal to the tenth district court of appeals the decision issued	71718
by the director following the adjudication hearing. No person may	71719
appeal to the director or a court the director's granting of a	71720
certificate of need prior to June 30, 1995, under the version of	71721
section 3702.52 of the Revised Code in effect immediately prior to	71722
that date due to failure to submit timely written objections, no	71723
person may appeal to the director or a court the director's	71724
granting of a certificate of need under division (C)(1) ~~or (2)~~ of	71725
section 3702.52 of the Revised Code.	71726

(C) The certificate of need holder may appeal to the director	71727
in accordance with Chapter 119. of the Revised Code a decision	71728
issued by the director under section 3702.52 or 3702.526 of the	71729
Revised Code on or after April 20, 1995, to withdraw a certificate	71730
of need, and the director shall provide an adjudication hearing in	71731
accordance with that chapter. The person may appeal the director's	71732
ruling in the adjudication hearing to the tenth district court of	71733
appeals.	71734

(D) Any person determined by the director to have violated	71735
section 3702.53 of the Revised Code may appeal that determination,	71736
or the penalties imposed under section 3702.54,or 3702.541~~, or~~	71737
~~3702.542 or former section 3702.543~~ of the Revised Code, to the	71738
director in accordance with Chapter 119. of the Revised Code, and	71739
the director shall provide an adjudication hearing in accordance	71740
with that chapter. The person may appeal the director's ruling in	71741
the adjudication hearing to the tenth district court of appeals.	71742

(E) Each person appealing under this section to the director	71743
shall file with the director, not later than thirty days after the	71744
decision, ruling, or determination of the director was mailed, a	71745
notice of appeal designating the decision, ruling, or	71746
determination appealed from.	71747

(F) Each person appealing under this section to the tenth	71748
district court of appeals shall file with the court, not later	71749
than thirty days after the date the director's adjudication order	71750
was mailed, a notice of appeal designating the order appealed	71751
from. The appellant also shall file notice with the director not	71752
later than thirty days after the date the order was mailed.	71753

(1) Not later than thirty days after receipt of the notice of	71754
appeal, the director shall prepare and certify to the court the	71755
complete record of the proceedings out of which the appeal arises.	71756
The expense of preparing and transcribing the record shall be	71757
taxed as part of the costs of the appeal. In the event that the	71758
record or a part thereof is not certified within the time	71759
prescribed by this division, the appellant may apply to the court	71760
for an order that the record be certified.	71761

(2) In hearing the appeal, the court shall consider only the	71762
evidence contained in the record certified to it by the director.	71763
The court may remand the matter to the director for the admission	71764
of additional evidence on a finding that the additional evidence	71765
is material, newly discovered, and could not with reasonable	71766
diligence have been ascertained before the hearing before the	71767
director. Except as otherwise provided by statute, the court shall	71768
give the hearing on the appeal preference over all other civil	71769
matters, irrespective of the position of the proceedings on the	71770
calendar of the court.	71771

(3) The court shall affirm the director's order if it finds,	71772
upon consideration of the entire record and any additional	71773
evidence admitted under division (F)(2) of this section, that the	71774
order is supported by reliable, probative, and substantial	71775
evidence and is in accordance with law. In the absence of such a	71776
finding, it shall reverse, vacate, or modify the order.	71777

(4) If the court determines that the director committed	71778
material procedural error, the court shall remand the matter to	71779
the director for further consideration or action.	71780

(G) The court may award reasonable attorney's fees against	71781
the appellant if it determines that the appeal was frivolous.	71782
Sections 119.092, 119.093, and 2335.39 of the Revised Code do not	71783
apply to adjudication hearings under this section or section	71784
3702.52 of the Revised Code and judicial appeals under this	71785
section.	71786

(H) No person may intervene in an appeal brought under this	71787
section.	71788

Sec. 3702.61. In addition to the sanctions imposed under	71789
sections 3702.54, 3702.541, ~~3702.542,~~ and 3702.55 ~~and former~~	71790
~~section 3702.543~~ of the Revised Code, if any person violates	71791
section 3702.53 of the Revised Code, the attorney general may	71792
commence necessary legal proceedings in the court of common pleas	71793
of Franklin county to enjoin the person from such violation until	71794
the requirements of sections 3702.51 to 3702.62 of the Revised	71795
Code have been satisfied. At the request of the director of	71796
health, the attorney general shall commence any necessary	71797
proceedings. The court has jurisdiction to grant and, on a showing	71798
of a violation, shall grant appropriate injunctive relief.	71799

Sec. 3702.74. (A) A primary care physician who has signed a	71800
letter of intent under section 3702.73 of the Revised Code and	71801
the director of health may enter into a contract for the	71802
physician's participation in the physician loan repayment	71803
program. The physician's employer or other funding source may	71804
also be a party to the contract.	71805

(B) The contract shall include all of the following	71806
obligations:	71807

(1) The primary care physician agrees to provide primary care	71808
services in the health resource shortage area identified in the	71809
letter of intent for at least two years;	71810

(2) When providing primary care services in the health	71811
resource shortage area, the primary care physician agrees to do	71812
all of the following:	71813

(a) Provide primary care services for a minimum of forty	71814
hours per week, of which at least twenty-one hours will be spent	71815
providing patient care in an outpatient or ambulatory setting;	71816

(b) Provide primary care services without regard to a	71817
patient's ability to pay;	71818

(c) Meet the conditions prescribed by the "Social Security	71819
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the	71820
department of job and family services for participation in the	71821
medicaid program established under Chapter 5111. of the Revised	71822
Code and enter into a contract with the department to provide	71823
primary care services to recipients of the medical assistance	71824
program;	71825

~~(d) Meet the conditions established by the department of job~~	71826
~~and family services for participation in the disability medical~~	71827
~~assistance program established under Chapter 5115. of the Revised~~	71828
~~Code and enter into a contract with the department to provide~~	71829
~~primary care services to recipients of disability medical~~	71830
~~assistance~~.	71831

(3) The department of health agrees, as provided in section	71832
3702.75 of the Revised Code, to repay, so long as the primary	71833
care physician performs the service obligation agreed to under	71834
division (B)(1) of this section, all or part of the principal and	71835
interest of a government or other educational loan taken by the	71836
primary care physician for expenses described in section 3702.75	71837
of the Revised Code;	71838

(4) The primary care physician agrees to pay the department	71839
of health an amount established by rules adopted under section	71840
3702.79 of the Revised Code if the physician fails to complete	71841
the service obligation agreed to under division (B)(1) of this	71842
section.	71843

(C) The contract may include any other terms agreed upon by	71844
the parties.	71845

Sec. 3702.87. The director of health shall designate, as	71846
dental health resource shortage areas, areas in this state that	71847
experience special dental health problems and dentist practice	71848
patterns that limit access to dental care. The designations shall	71849
be made by rule and may apply to a geographic area, one or more	71850
facilities within a particular area, or a population group within	71851
a particular area. The director shall consider for designation as	71852
a dental health resource shortage area, any area in this state	71853
that has been designated by the United States secretary of health	71854
and human services as a health professional shortage area under	71855
Title III of the "Public Health Service Act," 58 Stat. 682 (1944),	71856
42 U.S.C. 201, as amended.	71857

Sec. 3702.89. (A) An individual who iswill not ~~receiving~~	71858
~~national health service corps tuition or student~~have an	71859
outstanding obligation for dental service to the federal	71860
government, a state, or other entity at the time of participation	71861
in the dentist loan repayment ~~assistance~~program and meets one of	71862
the following requirements may apply for participation in the	71863
dentist loan repayment program:	71864

(1) The applicant is a dental student enrolled in the final	71865
year of dental college.	71866

(2) The applicant is a dental resident in the final year of	71867
residency.	71868

(3) The applicant ~~has been engaged in the~~holds a valid	71869
license to practice of dentistry ~~for not more than three years~~	71870
~~prior to submitting the application~~issued under Chapter 4715. of	71871
the Revised Code.	71872

(B) An application for participation in the dentist loan	71873
repayment program shall be submitted to the director of health on	71874
a form the director shall prescribe. The following information	71875
shall be included or supplied:	71876

(1) The applicant's name, permanent address or address at	71877
which the applicant is currently residing if different from the	71878
permanent address, and telephone number;	71879

(2) The dental college the applicant attended or is attending	71880
~~or attended~~, dates of attendance, and verification of attendance;	71881

(3) If the applicant has completed a dental residency program	71882
or is a dental resident, the facility or institution ~~at which~~	71883
where the dental residency was completed or is being performed,	71884
and, if completed, the date of completion;	71885

(4) A summary and verification of the educational expenses	71886
for which the applicant seeks reimbursement under the program;	71887

(5) If the applicant is a dentist, verification of the	71888
applicant's license issued under Chapter 4715. of the Revised Code	71889
to practice dentistry and proof of good standing;	71890

(6) Verification of the applicant's United States citizenship	71891
or status as a legal alien.	71892

Sec. 3702.90. If funds are available in the dentist loan	71893
repayment fund created under section 3702.95 of the Revised Code	71894
and the general assembly has appropriated the funds for the	71895
program, the director of health shall approve an applicant for	71896
participation in the program on finding in accordance with the	71897
priorities established under section 3702.88 of the Revised Code	71898
that the applicant is eligible for participation and is needed in	71899
a dental health resource shortage area.	71900

On approving an application, the director shall notify and	71901
enter into discussions with the applicant. The object of the	71902
discussions is to facilitate recruitment of the applicant to a	71903
site within a dental health resource shortage area at which,	71904
according to the priorities established under section 3702.88 of	71905
the Revised Code, the applicant is needed. ~~The director may pay~~	71906
~~the costs incurred by the applicant and the applicant's spouse for~~	71907
~~travel, meals, and lodging in making one visit to one dental~~	71908
~~health resource shortage area. The director may also refer an~~	71909
~~applicant to the Ohio dental association for assistance in being~~	71910
~~recruited to a site within a dental health resource shortage area~~	71911
~~at which the applicant will agree to be placed.~~	71912

If the director and applicant agree on the applicant's	71913
placement at a particular site within a dental health resource	71914
shortage area, the applicant shall sign and deliver to the	71915
director a letter of intent agreeing to that placement.	71916

Sec. 3702.91. (A) An individual who has signed a letter of	71917
intent under section 3702.90 of the Revised Code may enter into a	71918
contract with the director of health for participation in the	71919
dentist loan repayment program. ~~A lending institution~~The	71920
dentist's employer or other funding source may also be a party to	71921
the contract.	71922

(B) The contract shall include all of the following	71923
obligations:	71924

(1) The individual agrees to provide dental services in the	71925
dental health resource shortage area identified in the letter of	71926
intent for at least ~~one year~~two years.	71927

(2) When providing dental services in the dental health	71928
resource shortage area, the individual agrees to do all of the	71929
following:	71930

(a) Provide dental services for a minimum of forty hours per	71931
week;	71932

(b) Provide dental services without regard to a patient's	71933
ability to pay;	71934

(c) Meet the conditions prescribed by the "Social Security	71935
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the	71936
department of job and family services for participation in the	71937
medicaid program established under Chapter 5111. of the Revised	71938
Code and enter into a contract with the department to provide	71939
dental services to medicaid recipients.	71940

(3) The department of health agrees, as provided in section	71941
3702.85 of the Revised Code, to repay, so long as the individual	71942
performs the service obligation agreed to under division (B)(1)	71943
of this section, all or part of the principal and interest of a	71944
government or other educational loan taken by the individual for	71945
expenses described in section 3702.85 of the Revised Code ~~up to~~	71946
~~but not exceeding twenty thousand dollars per year of service~~.	71947

(4) The individual agrees to pay the department of health	71948
~~the following as damages~~an amount established by rules adopted	71949
under section 3702.86 of the Revised Code, if the individual fails	71950
to complete the service obligation agreed to under division	71951
(B)(1) of this section:	71952

~~(a) If the failure occurs during the first two years of the~~	71953
~~service obligation, three times the total amount the department~~	71954
~~has agreed to repay under division (B)(3) of this section;~~	71955

~~(b) If the failure occurs after the first two years of the~~	71956
~~service obligation, three times the amount the department is~~	71957
~~still obligated to repay under division (B)(3) of this section~~.	71958

(C) The contract may include any other terms agreed upon by	71959
the parties~~, including an assignment to the department of health~~	71960
~~of the individual's duty to pay the principal and interest of a~~	71961
~~government or other educational loan taken by the individual for~~	71962
~~expenses described in section 3702.85 of the Revised Code. If the~~	71963
~~department assumes the individual's duty to pay a loan, the~~	71964
~~contract shall set forth the total amount of principal and~~	71965
~~interest to be paid, an amortization schedule, and the amount of~~	71966
~~each payment to be made under the schedule~~.	71967

(D) Not later than the thirty-first day of January of each	71968
year, the department of health shall mail to each individual to	71969
whom or on whose behalf repayment is made under the dentist loan	71970
repayment program a statement showing the amount of principal and	71971
interest repaid by the department pursuant to the contract in the	71972
preceding year. The statement shall be sent by ordinary mail with	71973
address correction and forwarding requested in the manner	71974
prescribed by the United States postal service.	71975

Sec. 3702.92. There is hereby created the dentist loan	71976
repayment advisory board. The board shall consist of the following	71977
members:	71978

(A) ~~One member~~Two members of the house of representatives,	71979
one from each political party, appointed by the speaker of the	71980
house of representatives;	71981

(B) ~~One member~~Two members of the senate, one from each	71982
political party, appointed by the president of the senate;	71983

(C) A representative of the board of regents, appointed by	71984
the chancellor;	71985

(D) The director of health or an employee of the department	71986
of health designated by the director;	71987

(E) ~~Three~~Four representatives of the dental profession,	71988
appointed by the governor from persons nominated by the Ohio	71989
dental association.	71990

Terms of office of the appointed members shall be two years,	71991
with each term commencing on the twenty-eighth day of January and	71992
ending on the twenty-seventh day of January of the second year	71993
after appointment. The governor ~~shall appoint the dental~~	71994
~~profession representatives not later than ninety days after~~	71995
~~October 29, 2003. The terms of all members shall commence~~	71996
~~ninety-one days after October 29, 2003. Of the initial~~	71997
~~appointments made by the governor, two shall serve a term of one~~	71998
~~year and one shall serve a term of two years. The initial~~	71999
~~appointment made by the~~, speaker of the house of representatives	72000
~~shall be for a term of one year. The initial appointment made by~~	72001
~~the~~, and president of the senate shall ~~be for a term of two years~~	72002
make each of their respective appointments not later than the	72003
twenty-seventh day of January of the year in which the term of the	72004
member being appointed is to commence. Each member shall hold	72005
office from the date of appointment until the end of the term for	72006
which the member was appointed, except that a legislative member	72007
ceases to be a member of the board on ceasing to be a member of	72008
the general assembly. No person shall be appointed to the board	72009
for more than two consecutive terms.	72010

Vacancies shall be filled in the manner prescribed for the	72011
original appointment. A member appointed to fill a vacancy	72012
occurring prior to the expiration of the term for which the	72013
member's predecessor was appointed shall hold office for the	72014
remainder of that term. A member shall continue in office	72015
subsequent to the expiration of the member's term until a	72016
successor takes office or until sixty days have elapsed, whichever	72017
occurs first. ~~No person shall be appointed to the board for more~~	72018
~~than two consecutive terms. Thereafter, terms of office shall be~~	72019
~~two years. Each member shall hold office from the date of~~	72020
~~appointment until the end of the term for which the member was~~	72021
~~appointed, except that a legislative member ceases to be a member~~	72022
~~of the board on ceasing to be a member of the general assembly.~~	72023

The governor, speaker, or president may remove a member for	72024
whom the governor, speaker, or president was the appointing	72025
authority, for misfeasance, malfeasance, or willful neglect of	72026
duty.	72027

The board shall designate a member to serve as chairperson of	72028
the board.	72029

The board shall meet at least once annually. The chairperson	72030
shall call special meetings as needed or upon the request of four	72031
members.	72032

~~Four~~Six members of the board constitute a quorum to transact	72033
and vote on all business coming before the board.	72034

Members of the board shall serve without compensation~~, but~~	72035
~~may be reimbursed for reasonable and necessary expenses incurred~~	72036
~~in the discharge of their duties~~.	72037

The department of health shall provide the board with staff	72038
assistance as requested by the board.	72039

Sec. 3702.93. The dentist loan repayment advisory board shall	72040
determine the amounts that will be paid as loan repayments on	72041
behalf of participants in the dentist loan repayment program. No	72042
In the first and second years, no repayment shall exceed ~~twenty~~	72043
twenty-five thousand dollars in ~~any~~each year~~, except that if~~. In	72044
the third and fourth years, no repayment shall exceed thirty-five	72045
thousand dollars in each year. If, however, a repayment results in	72046
an increase in the participant's federal, state, or local income	72047
tax liability, the department of health, at the participant's	72048
request and with the approval of the director of health, may	72049
reimburse the participant for the increased tax liability,	72050
regardless of the amount of the repayment in that year. ~~Total~~	72051
~~repayment on behalf of a participant shall not exceed eighty~~	72052
~~thousand dollars over the time of participation in the program.~~	72053

Sec. 3702.94. The dentist loan repayment advisory board,	72054
annually on or before the first day of March, shall submit a	72055
report to the governor and general assembly describing the	72056
operations of the dentist loan repayment program during the	72057
previous calendar year. The report shall include information about	72058
all of the following:	72059

(A) The number of requests received by the director of health	72060
that a particular area be designated as a dental health resource	72061
shortage area;	72062

(B) The areas that have been designated as dental health	72063
resource shortage areas and the priorities that have been assigned	72064
to them;	72065

(C) The number of applicants for participation in the dentist	72066
loan repayment program;	72067

(D) The number of dentists assigned to dental health resource	72068
shortage areas and the payments made on behalf of those dentists	72069
under the dentist loan repayment program;	72070

(E) The dental health resource shortage areas that have not	72071
been matched with all of the dentists they need;	72072

(F) The number of dentists failing to complete their service	72073
obligations, the amount of damages owed, and the amount of damages	72074
collected.	72075

Sec. 3703.01. (A) Except as otherwise provided in this	72076
section, the division of ~~industrial compliance~~labor in the	72077
department of commerce shall do all of the following:	72078

(1) Inspect all nonresidential buildings within the meaning	72079
of section 3781.06 of the Revised Code;	72080

(2) Condemn all unsanitary or defective plumbing that is	72081
found in connection with those places;	72082

(3) Order changes in plumbing necessary to insure the safety	72083
of the public health.	72084

(B)(1)(a) The division of ~~industrial compliance~~labor, boards	72085
of health of city and general health districts, and county	72086
building departments shall not inspect plumbing or collect fees	72087
for inspecting plumbing in particular types of buildings in any	72088
municipal corporation that is certified by the board of building	72089
standards under section 3781.10 of the Revised Code to exercise	72090
enforcement authority for plumbing in those types of buildings.	72091

(b) The division shall not inspect plumbing or collect fees	72092
for inspecting plumbing in particular types of buildings in any	72093
health district that employs one or more plumbing inspectors	72094
certified pursuant to division (D) of this section to enforce	72095
Chapters 3781. and 3791. of the Revised Code and the rules adopted	72096
pursuant to those chapters relating to plumbing in those types of	72097
buildings.	72098

(c) The division shall not inspect plumbing or collect fees	72099
for inspecting plumbing in particular types of buildings in any	72100
health district where the county building department is	72101
authorized to inspect those types of buildings pursuant to a	72102
contract described in division (C)(1) of this section.	72103

(d) The division shall not inspect plumbing or collect fees	72104
for inspecting plumbing in particular types of buildings in any	72105
health district where the board of health has entered into a	72106
contract with the board of health of another district to conduct	72107
inspections pursuant to division (C)(2) of this section.	72108

(2) No county building department shall inspect plumbing or	72109
collect fees for inspecting plumbing in any type of building in a	72110
health district unless the department is authorized to inspect	72111
that type of building pursuant to a contract described in division	72112
(C)(1) of this section.	72113

(3) No municipal corporation shall inspect plumbing or	72114
collect fees for inspecting plumbing in types of buildings for	72115
which it is not certified by the board of building standards	72116
under section 3781.10 of the Revised Code to exercise enforcement	72117
authority.	72118

(4) No board of health of a health district shall inspect	72119
plumbing or collect fees for inspecting plumbing in types of	72120
buildings for which it does not have a plumbing inspector	72121
certified pursuant to division (D) of this section.	72122

(C)(1) The board of health of a health district may enter	72123
into a contract with a board of county commissioners to authorize	72124
the county building department to inspect plumbing in buildings	72125
within the health district. The contract may designate that the	72126
department inspect either residential or nonresidential buildings,	72127
as those terms are defined in section 3781.06 of the Revised Code,	72128
or both types of buildings, so long as the department employs or	72129
contracts with a plumbing inspector certified pursuant to	72130
division (D) of this section to inspect the types of buildings	72131
the contract designates. The board of health may enter into a	72132
contract regardless of whether the health district employs any	72133
certified plumbing inspectors to enforce Chapters 3781. and	72134
3791. of the Revised Code.	72135

(2) The board of health of a health district, regardless of	72136
whether it employs any certified plumbing inspectors to enforce	72137
Chapters 3781. and 3791. of the Revised Code, may enter into a	72138
contract with the board of health of another health district to	72139
authorize that board to inspect plumbing in buildings within the	72140
contracting board's district. The contract may designate the	72141
inspection of either residential or nonresidential buildings as	72142
defined in section 3781.06 of the Revised Code, or both types of	72143
buildings, so long as the board that performs the inspections	72144
employs a plumbing inspector certified pursuant to division (D) of	72145
this section to inspect the types of buildings the contract	72146
designates.	72147

(D) The superintendent of ~~industrial compliance~~labor shall	72148
adopt rules prescribing minimum qualifications based on education,	72149
training, experience, or demonstrated ability, that the	72150
superintendent shall use in certifying or recertifying plumbing	72151
inspectors to do plumbing inspections for health districts and	72152
county building departments that are authorized to perform	72153
inspections pursuant to a contract under division (C)(1) of this	72154
section, and for continuing education of plumbing inspectors.	72155
Those minimum qualifications shall be related to the types of	72156
buildings for which a person seeks certification.	72157

(E) The superintendent may enter into reciprocal	72158
registration, licensure, or certification agreements with other	72159
states and other agencies of this state relative to plumbing	72160
inspectors if both of the following apply:	72161

(1) The requirements for registration, licensure, or	72162
certification of plumbing inspectors under the laws of the other	72163
state or laws administered by the other agency are substantially	72164
equal to the requirements the superintendent adopts under division	72165
(D) of this section for certifying plumbing inspectors.	72166

(2) The other state or agency extends similar reciprocity to	72167
persons certified under this chapter.	72168

(F) The superintendent may select and contract with one or	72169
more persons to do all of the following regarding examinations for	72170
certification of plumbing inspectors:	72171

(1) Prepare, administer, score, and maintain the	72172
confidentiality of the examination;	72173

(2) Maintain responsibility for all expenses required to	72174
comply with division (F)(1) of this section;	72175

(3) Charge each applicant a fee for administering the	72176
examination in an amount the superintendent authorizes;	72177

(4) Design the examination for certification of plumbing	72178
inspectors to determine an applicant's competence to inspect	72179
plumbing.	72180

(G) Standards and methods prescribed in local plumbing	72181
regulations shall not be less than those prescribed in Chapters	72182
3781. and 3791. of the Revised Code and the rules adopted pursuant	72183
to those chapters.	72184

(H) Notwithstanding any other provision of this section, the	72185
division shall make a plumbing inspection of any building or	72186
other place that there is reason to believe is in a condition to	72187
be a menace to the public health.	72188

Sec. 3703.03. In the administration of sections 3703.01 to	72189
~~3703.09~~3703.08 of the Revised Code, the division of ~~industrial~~	72190
~~compliance~~labor shall enforce rules governing plumbing adopted	72191
by the board of building standards under authority of sections	72192
3781.10 and 3781.11 of the Revised Code, and register those	72193
persons engaged in or at the plumbing business.	72194

Plans and specifications for all plumbing to be installed in	72195
or for buildings coming within such sections shall be submitted to	72196
and approved by the division before the contract for plumbing is	72197
let.	72198

Sec. 3703.04. The superintendent of ~~industrial compliance~~	72199
labor shall appoint such number of plumbing inspectors as is	72200
required. The inspectors shall be practical plumbers with at least	72201
seven years' experience, and skilled and well-trained in matters	72202
pertaining to sanitary regulations concerning plumbing work.	72203

Sec. 3703.05. Plumbing inspectors employed by the division	72204
of ~~industrial compliance~~labor assigned to the enforcement of	72205
sections 3703.01 to ~~3703.09~~3703.08 of the Revised Code may,	72206
between sunrise and sunset, enter any building where there is good	72207
and sufficient reason to believe that the sanitary condition of	72208
the premises endangers the public health, for the purpose of	72209
making an inspection to ascertain the condition of the premises.	72210

Sec. 3703.06. When any building is found to be in a sanitary	72211
condition or when changes which are ordered, under authority of	72212
this chapter, in the plumbing, drainage, or ventilation have been	72213
made, and after a thorough inspection and approval by the	72214
superintendent of ~~industrial compliance~~labor, the superintendent	72215
shall issue a certificate, which shall be posted in a conspicuous	72216
place for the benefit of the public at large. Upon notification by	72217
the superintendent, the certificate shall be revoked for any	72218
violation of those sections.	72219

Sec. 3703.07. No plumbing work shall be done in any building	72220
or place coming within the jurisdiction of the division of	72221
~~industrial compliance~~labor, except in cases of repairs or leaks	72222
in existing plumbing, until a permit has been issued by the	72223
division.	72224

Before granting such permit, an application shall be made by	72225
the owner of the property or by the person, firm, or corporation	72226
which is to do the work. The application shall be made on a form	72227
prepared by the division for the purpose, and each application	72228
shall be accompanied by a fee of twenty-seven dollars, and an	72229
additional fee of seven dollars for each trap, vented fixture,	72230
appliance, or device. Each application also shall be accompanied	72231
by a plan approval fee of eighteen dollars for work containing one	72232
through twenty fixtures; thirty-six dollars for work containing	72233
twenty-one through forty fixtures; and fifty-four dollars for work	72234
containing forty-one or more fixtures.	72235

Whenever a reinspection is made necessary by the failure of	72236
the applicant or plumbing contractor to have the work ready for	72237
inspection when so reported, or by reason of faulty or improper	72238
installation, the person shall pay a fee of forty-five dollars for	72239
each reinspection.	72240

All fees collected pursuant to this section shall be paid	72241
into the state treasury to the credit of the ~~industrial compliance~~	72242
labor operating fund created in section 121.084 of the Revised	72243
Code.	72244

The superintendent of ~~industrial compliance~~labor, by rule	72245
adopted in accordance with Chapter 119. of the Revised Code, may	72246
increase the fees required by this section and may establish fees	72247
to pay the costs of the division to fulfill its duties established	72248
by this chapter, including, but not limited to, fees for	72249
administering a program for continuing education for, and	72250
certifying and recertifying plumbing inspectors. The fees shall	72251
bear some reasonable relationship to the cost of administering and	72252
enforcing the provisions of this chapter.	72253

Sec. 3703.08. Any owner, agent, or manager of a building in	72254
which an inspection is made by the division of ~~industrial~~	72255
~~compliance~~labor, a board of health of a health district, or a	72256
certified department of building inspection of a municipal	72257
corporation or a county shall have the entire system of drainage	72258
and ventilation repaired, as the division, board of health, or	72259
department of building inspection directs by its order. After due	72260
notice to repair that work is given, the owner, agent, or manager	72261
shall notify the public authority that issued the order when the	72262
work is ready for its inspection. No person shall fail to have	72263
the work ready for inspection at the time specified in the	72264
notice.	72265

Sec. 3703.10. All prosecutions and proceedings by the	72266
division of ~~industrial compliance~~labor for the violation of	72267
sections 3703.01 to ~~3703.09~~3703.08 of the Revised Code, or for	72268
the violation of any of the orders or rules of the division under	72269
those sections, shall be instituted by the superintendent of	72270
~~industrial compliance~~labor. All fines or judgments collected by	72271
the division shall be paid into the state treasury to the credit	72272
of the ~~industrial compliance~~labor operating fund created by	72273
section 121.084 of the Revised Code.	72274

The superintendent, the board of health of a general or city	72275
health district, or any person charged with enforcing the rules of	72276
the division adopted under sections 3703.01 to ~~3703.09~~3703.08 of	72277
the Revised Code may petition the court of common pleas for	72278
injunctive or other appropriate relief requiring any person	72279
violating a rule adopted or order issued by the superintendent	72280
under those sections to comply with the rule or order. The court	72281
of common pleas of the county in which the offense is alleged to	72282
be occurring may grant injunctive or other appropriate relief.	72283

The superintendent may do all of the following:

72284

(A) Deny an applicant certification as a plumbing inspector;

72285

(B) Suspend or revoke the certification of a plumbing	72286
inspector;	72287

72288

(D) Examine the records and books of any certified plumbing	72289
inspector if the superintendent finds the material to be examined	72290
relevant to a determination described in division (A), (B), or (C)	72291
of this section.	72292

Sec. 3703.21. (A) Within ninety days after ~~the effective~~	72293
~~date of this section~~September 16, 2004, the superintendent of ~~the~~	72294
~~division of industrial compliance~~labor shall appoint a backflow	72295
advisory board consisting of not more than ten members, who shall	72296
serve at the pleasure of the superintendent. The superintendent	72297
shall appoint a representative from the plumbing section of the	72298
division of ~~industrial compliance~~labor, three representatives	72299
recommended by the plumbing administrator of the division of	72300
~~industrial compliance~~labor, a representative of the drinking	72301
water program of the Ohio environmental protection agency, three	72302
representatives recommended by the director of environmental	72303
protection, and not more than two members who are not employed by	72304
the plumbing or water industry.	72305

The board shall advise the superintendent on matters	72306
pertaining to the training and certification of backflow	72307
technicians.	72308

(B) The superintendent shall adopt rules in accordance with	72309
Chapter 119. of the Revised Code to provide for the certification	72310
of backflow technicians. The rules shall establish all of the	72311
following requirements, specifications, and procedures:	72312

(1) Requirements and procedures for the initial certification	72313
of backflow technicians, including eligibility criteria and	72314
application requirements and fees;	72315

(2) Specifications concerning and procedures for taking	72316
examinations required for certification as a backflow technician,	72317
including eligibility criteria to take the examination and	72318
application requirements and fees for taking the examination;	72319

(3) Specifications concerning and procedures for renewing a	72320
certification as a backflow technician, including eligibility	72321
criteria, application requirements, and fees for renewal;	72322

(4) Specifications concerning and procedures for both of the	72323
following:	72324

(a) Approval of training agencies authorized to teach	72325
required courses to candidates for certification as backflow	72326
technicians or continuing education courses to certified backflow	72327
technicians;	72328

(b) Renewal of the approval described in division (B)(4)(a)	72329
of this section.	72330

(5) Education requirements that candidates for initial	72331
certification as backflow technicians must satisfy and continuing	72332
education requirements that certified backflow technicians must	72333
satisfy;	72334

(6) Grounds and procedures for denying, suspending, or	72335
revoking certification, or denying the renewal of certification,	72336
as a backflow technician;	72337

(7) Procedures for issuing administrative orders for the	72338
remedy of any violation of this section or any rule adopted	72339
pursuant to division (B) of this section, including, but not	72340
limited to, procedures for assessing a civil penalty authorized	72341
under division (D) of this section;	72342

(8) Any provision the superintendent determines is necessary	72343
to administer or enforce this section.	72344

(C) No individual shall engage in the installation, testing,	72345
or repair of any isolation backflow prevention device unless that	72346
individual possesses a valid certification as a backflow	72347
technician. This division does not apply with respect to the	72348
installation, testing, or repair of any containment backflow	72349
prevention device.	72350

(D) Whoever violates division (C) of this section or any rule	72351
adopted pursuant to division (B) of this section shall pay a civil	72352
penalty of not more than five thousand dollars for each day that	72353
the violation continues. The superintendent may, by order, assess	72354
a civil penalty under this division, or may request the attorney	72355
general to bring a civil action to impose the civil penalty in the	72356
court of common pleas of the county in which the violation	72357
occurred or where the violator resides.	72358

(E) Any action taken under a rule adopted pursuant to	72359
division (B)(6) of this section is subject to the appeal process	72360
of Chapter 119. of the Revised Code. An administrative order	72361
issued pursuant to rules adopted under division (B)(7) of this	72362
section and an appeal to that type of administrative order shall	72363
be executed in accordance with Chapter 119. of the Revised Code.	72364

(F) As used in this section:

72365

(1) "Isolation backflow prevention device" means a device for	72366
the prevention of the backflow of liquids, solids, or gases that	72367
is regulated by the building code adopted pursuant to section	72368
3781.10 of the Revised Code and rules adopted pursuant to this	72369
section.	72370

(2) "Containment backflow prevention device" means a device	72371
for the prevention of the backflow of liquids, solids, or gases	72372
that is installed by the supplier of, or as a requirement of, any	72373
public water system as defined in division (A) of section 6109.01	72374
of the Revised Code.	72375

Sec. 3703.99. Whoever violates sections 3703.01 to ~~3703.09~~	72376
3703.08 of the Revised Code, or any rule the division of	72377
~~industrial compliance~~labor is required to enforce under such	72378
sections, shall be fined not less than ten nor more than one	72379
hundred dollars or imprisoned for not less than ten nor more than	72380
ninety days, or both. No person shall be imprisoned under this	72381
section for the first offense, and the prosecution always shall be	72382
as for a first offense unless the affidavit upon which the	72383
prosecution is instituted contains the allegation that the offense	72384
is a second or repeated offense.	72385

Sec. 3704.03. The director of environmental protection may	72386
do any of the following:	72387

(A) Develop programs for the prevention, control, and	72388
abatement of air pollution;	72389

(B) Advise, consult, contract, and cooperate with any	72390
governmental or private agency in the furtherance of the purposes	72391
of this chapter;	72392

(C) Encourage, participate in, or conduct studies,	72393
investigations, and research relating to air pollution, collect	72394
and disseminate information, and conduct education and training	72395
programs relating to the causes, prevention, control, and	72396
abatement of air pollution;	72397

(D) Adopt, modify, and rescind rules prescribing ambient air	72398
quality standards for the state as a whole or for various areas of	72399
the state that are consistent with and no more stringent than the	72400
national ambient air quality standards in effect under the federal	72401
Clean Air Act;	72402

(E) Adopt, modify, suspend, and rescind rules for the	72403
prevention, control, and abatement of air pollution, including	72404
rules prescribing for the state as a whole or for various areas of	72405
the state emission standards for air contaminants, and other	72406
necessary rules for the purpose of achieving and maintaining	72407
compliance with ambient air quality standards in all areas within	72408
the state as expeditiously as practicable, but not later than any	72409
deadlines applicable under the federal Clean Air Act; rules for	72410
the prevention or control of the emission of hazardous or toxic	72411
air contaminants; rules prescribing fugitive dust limitations and	72412
standards that are related, on an areawide basis, to attainment	72413
and maintenance of ambient air quality standards; rules	72414
prescribing shade, density, or opacity limitations and standards	72415
for emissions, provided that with regard to air contaminant	72416
sources for which there are particulate matter emission standards	72417
in addition to a shade, density, or opacity rule, upon	72418
demonstration by such a source of compliance with those other	72419
standards, the shade, density, or opacity rule shall provide for	72420
establishment of a shade, density, or opacity limitation for that	72421
source that does not require the source to reduce emissions below	72422
the level specified by those other standards; rules for the	72423
prevention or control of odors and air pollution nuisances; rules	72424
that prevent significant deterioration of air quality to the	72425
extent required by the federal Clean Air Act; rules for the	72426
protection of visibility as required by the federal Clean Air Act;	72427
and rules prescribing open burning limitations and standards. In	72428
adopting, modifying, suspending, or rescinding any such rules, the	72429
director, to the extent consistent with the federal Clean Air Act,	72430
shall hear and give consideration to evidence relating to all of	72431
the following:	72432

(1) Conditions calculated to result from compliance with the	72433
rules, the overall cost within this state of compliance with the	72434
rules, and their relation to benefits to the people of the state	72435
to be derived from that compliance;	72436

(2) The quantity and characteristics of air contaminants, the	72437
frequency and duration of their presence in the ambient air, and	72438
the dispersion and dilution of those contaminants;	72439

(3) Topography, prevailing wind directions and velocities,	72440
physical conditions, and other factors that may or may combine to	72441
affect air pollution.	72442

Consistent with division (K) of section 3704.036 of the	72443
Revised Code, the director shall consider alternative emission	72444
limits proposed by the owner or operator of an air contaminant	72445
source that is subject to an emission limit established in rules	72446
adopted under this division and shall accept those alternative	72447
emission limits that the director determines to be equivalent to	72448
emission limits established in rules adopted under this division.	72449

(F)(1) Adopt, modify, suspend, and rescind rules consistent	72450
with the purposes of this chapter prohibiting the location,	72451
installation, construction, or modification of any air contaminant	72452
source or any machine, equipment, device, apparatus, or physical	72453
facility intended primarily to prevent or control the emission of	72454
air contaminants unless an installation permit therefor has been	72455
obtained from the director or the director's authorized	72456
representative.	72457

(2)(a) Applications for installation permits shall be	72458
accompanied by plans, specifications, construction schedules, and	72459
such other pertinent information and data, including data on	72460
ambient air quality impact and a demonstration of best available	72461
technology, as the director may require. Installation permits	72462
shall be issued for a period specified by the director and are	72463
transferable. The director shall specify in each permit the	72464
applicable emission standards and that the permit is conditioned	72465
upon payment of the applicable fees as required by section	72466
3745.11 of the Revised Code and upon the right of the director's	72467
authorized representatives to enter upon the premises of the	72468
person to whom the permit has been issued, at any reasonable time	72469
and subject to safety requirements of the person in control of the	72470
premises, for the purpose of determining compliance with such	72471
standards, this chapter, the rules adopted thereunder, and the	72472
conditions of any permit, variance, or order issued thereunder.	72473
Each proposed new or modified air contaminant source shall provide	72474
such notice of its proposed installation or modification to other	72475
states as is required under the federal Clean Air Act.	72476
Installation permits shall include the authorization to operate	72477
sources installed and operated in accordance with terms and	72478
conditions of the installation permits for a period not to exceed	72479
one year from commencement of operation, which authorization shall	72480
constitute an operating permit under division (G) of this section	72481
and rules adopted under it.	72482

No installation permit shall be required for activities that	72483
are subject to and in compliance with a plant-wide applicability	72484
limit issued by the director in accordance with rules adopted	72485
under this section.	72486

No installation permit shall be issued except in accordance	72487
with all requirements of this chapter and rules adopted	72488
thereunder. No application shall be denied or permit revoked or	72489
modified without a written order stating the findings upon which	72490
denial, revocation, or modification is based. A copy of the order	72491
shall be sent to the applicant or permit holder by certified mail.	72492

(b) An air contaminant source that is the subject of an	72493
installation permit shall be installed or modified in accordance	72494
with the permit not later than eighteen months after the permit's	72495
effective date at which point the permit shall terminate unless	72496
one of the following applies:	72497

(i) The owner or operator has undertaken a continuing program	72498
of installation or modification during the eighteen-month period.	72499

(ii) The owner or operator has entered into a binding	72500
contractual obligation to undertake and complete within a	72501
reasonable period of time a continuing program of installation or	72502
modification of the air contaminant source during the	72503
eighteen-month period.	72504

(iii) The director has extended the date by which the air	72505
contaminant source that is the subject of the installation permit	72506
must be installed or modified.	72507

(iv) The installation permit is the subject of an appeal by a	72508
party other than the owner or operator of the air contaminant	72509
source that is the subject of the installation permit, in which	72510
case the date of termination of the permit is not later than	72511
eighteen months after the effective date of the permit plus the	72512
number of days between the date in which the permit was appealed	72513
and the date on which all appeals concerning the permit have been	72514
resolved.	72515

(v) The installation permit has been superseded by a	72516
subsequent installation permit, in which case the original	72517
installation permit terminates on the effective date of the	72518
superseding installation permit.	72519

Division (F)(2)(b) of this section applies to an installation	72520
permit that has not terminated as of the effective date of this	72521
amendment.	72522

The director may adopt rules in accordance with Chapter 119.	72523
of the Revised Code for the purpose of establishing additional	72524
requirements that are necessary for the implementation of division	72525
(F)(2)(b) of this section.	72526

(3) Not later than two years after August 3, 2006, the	72527
director shall adopt a rule in accordance with Chapter 119. of	72528
the Revised Code specifying that a permit to install is required	72529
only for new or modified air contaminant sources that emit any of	72530
the following air contaminants:	72531

(a) An air contaminant or precursor of an air contaminant for	72532
which a national ambient air quality standard has been adopted	72533
under the federal Clean Air Act;	72534

(b) An air contaminant for which the air contaminant source	72535
is regulated under the federal Clean Air Act;	72536

(c) An air contaminant that presents, or may present, through	72537
inhalation or other routes of exposure, a threat of adverse human	72538
health effects, including, but not limited to, substances that are	72539
known to be, or may reasonably be anticipated to be, carcinogenic,	72540
mutagenic, teratogenic, or neurotoxic, that cause reproductive	72541
dysfunction, or that are acutely or chronically toxic, or a threat	72542
of adverse environmental effects whether through ambient	72543
concentrations, bioaccumulation, deposition, or otherwise, and	72544
that is identified in the rule by chemical name and chemical	72545
abstract service number.	72546

The director may modify the rule adopted under division	72547
(F)(3)(c) of this section for the purpose of adding or deleting	72548
air contaminants. For each air contaminant that is contained in or	72549
deleted from the rule adopted under division (F)(3)(c) of this	72550
section, the director shall include in a notice accompanying any	72551
proposed or final rule an explanation of the director's	72552
determination that the air contaminant meets the criteria	72553
established in that division and should be added to, or no longer	72554
meets the criteria and should be deleted from, the list of air	72555
contaminants. The explanation shall include an identification of	72556
the scientific evidence on which the director relied in making the	72557
determination. Until adoption of the rule under division (F)(3)(c)	72558
of this section, nothing shall affect the director's authority to	72559
issue, deny, modify, or revoke permits to install under this	72560
chapter and rules adopted under it.	72561

(4)(a) Applications for permits to install new or modified	72562
air contaminant sources shall contain sufficient information	72563
regarding air contaminants for which the director may require a	72564
permit to install to determine conformity with the environmental	72565
protection agency's document entitled "Review of New Sources of	72566
Air Toxics Emissions, Option A," dated May 1986, which the	72567
director shall use to evaluate toxic emissions from new or	72568
modified air contaminant sources. The director shall make copies	72569
of the document available to the public upon request at no cost	72570
and post the document on the environmental protection agency's web	72571
site. Any inconsistency between the document and division (F)(4)	72572
of this section shall be resolved in favor of division (F)(4) of	72573
this section.	72574

(b) The maximum acceptable ground level concentration of an	72575
air contaminant shall be calculated in accordance with the	72576
document entitled "Review of New Sources of Air Toxics Emissions,	72577
Option A." Modeling shall be conducted to determine the increase	72578
in the ground level concentration of an air contaminant beyond the	72579
facility's boundary caused by the emissions from a new or modified	72580
source that is the subject of an application for a permit to	72581
install. Modeling shall be based on the maximum hourly rate of	72582
emissions from the source using information including, but not	72583
limited to, any emission control devices or methods, operational	72584
restrictions, stack parameters, and emission dispersion devices or	72585
methods that may affect ground level concentrations, either	72586
individually or in combination. The director shall determine	72587
whether the activities for which a permit to install is sought	72588
will cause an increase in the ground level concentration of one or	72589
more relevant air contaminants beyond the facility's boundary by	72590
an amount in excess of the maximum acceptable ground level	72591
concentration. In making the determination as to whether the	72592
maximum acceptable ground level concentration will be exceeded,	72593
the director shall give consideration to the modeling conducted	72594
under division (F)(4)(b) of this section and other relevant	72595
information submitted by the applicant.	72596

(c) If the modeling conducted under division (F)(4)(b) of	72597
this section with respect to an application for a permit to	72598
install demonstrates that the maximum ground level concentration	72599
from a new or modified source will be greater than or equal to	72600
eighty per cent, but less than one hundred per cent of the maximum	72601
acceptable ground level concentration for an air contaminant, the	72602
director may establish terms and conditions in the permit to	72603
install for the air contaminant source that will require the owner	72604
or operator of the air contaminant source to maintain emissions of	72605
that air contaminant commensurate with the modeled level, which	72606
shall be expressed as allowable emissions per day. In order to	72607
calculate the allowable emissions per day, the director shall	72608
multiply the hourly emission rate modeled under division (F)(4)(b)	72609
of this section to determine the ground level concentration by the	72610
operating schedule that has been identified in the permit to	72611
install application. Terms and conditions imposed under division	72612
(F)(4)(c) of this section are not federally enforceable	72613
requirements and, if included in a Title V permit, shall be placed	72614
in the portion of the permit that is only enforceable by the	72615
state.	72616

(d) If the modeling conducted under division (F)(4)(b) of	72617
this section with respect to an application for a permit to	72618
install demonstrates that the maximum ground level concentration	72619
from a new or modified source will be less than eighty per cent of	72620
the maximum acceptable ground level concentration, the owner or	72621
operator of the source annually shall report to the director, on a	72622
form prescribed by the director, whether operations of the source	72623
are consistent with the information regarding the operations that	72624
was used to conduct the modeling with regard to the permit to	72625
install application. The annual report to the director shall be in	72626
lieu of an emission limit or other permit terms and conditions	72627
imposed pursuant to division (F)(4) of this section. The director	72628
may consider any significant departure from the operations of the	72629
source described in the permit to install application that results	72630
in greater emissions than the emissions rate modeled to determine	72631
the ground level concentration as a modification and require the	72632
owner or operator to submit a permit to install application for	72633
the increased emissions. The requirements established in division	72634
(F)(4)(d) of this section are not federally enforceable	72635
requirements and, if included in a Title V permit, shall be placed	72636
in the portion of the permit that is only enforceable by the	72637
state.	72638

(e) Division (F)(4) of this section and the document entitled	72639
"Review of New Sources of Air Toxics Emissions, Option A" shall	72640
not be included in the state implementation plan under section 110	72641
of the federal Clean Air Act and do not apply to an air	72642
contaminant source that is subject to a maximum achievable control	72643
technology standard or residual risk standard under section 112 of	72644
the federal Clean Air Act, to a particular air contaminant	72645
identified under 40 C.F.R. 51.166, division (b)(23), for which the	72646
director has determined that the owner or operator of the source	72647
is required to install best available control technology for that	72648
particular air contaminant, or to a particular air contaminant for	72649
which the director has determined that the source is required to	72650
meet the lowest achievable emission rate, as defined in 40 C.F.R.	72651
part 51, Appendix S, for that particular air contaminant.	72652

(f)(i) Division (F)(4) of this section and the document	72653
entitled "Review of New Sources of Air Toxics Emissions, Option A"	72654
do not apply to parking lots, storage piles, storage tanks,	72655
transfer operations, grain silos, grain dryers, emergency	72656
generators, gasoline dispensing operations, air contaminant	72657
sources that emit air contaminants solely from the combustion of	72658
fossil fuels, or the emission of wood dust, sand, glass dust, coal	72659
dust, silica, and grain dust.	72660

(ii) Notwithstanding division (F)(4)(f)(i) of this section,	72661
the director may require an individual air contaminant source that	72662
is within one of the source categories identified in division	72663
(F)(4)(f)(i) of this section to submit information in an	72664
application for a permit to install a new or modified source in	72665
order to determine the source's conformity to the document if the	72666
director has information to conclude that the particular new or	72667
modified source will potentially cause an increase in ground level	72668
concentration beyond the facility's boundary that exceeds the	72669
maximum acceptable ground level concentration as set forth in the	72670
document.	72671

(iii) The director may adopt rules in accordance with Chapter	72672
119. of the Revised Code that are consistent with the purposes of	72673
this chapter and that add to or delete from the source category	72674
exemptions established in division (F)(4)(f)(i) of this section.	72675

(5) Not later than one year after August 3, 2006, the	72676
director shall adopt rules in accordance with Chapter 119. of the	72677
Revised Code specifying activities that do not, by themselves,	72678
constitute beginning actual construction activities related to	72679
the installation or modification of an air contaminant source for	72680
which a permit to install is required such as the grading and	72681
clearing of land, on-site storage of portable parts and	72682
equipment, and the construction of foundations or buildings that	72683
do not themselves emit air contaminants. The rules also shall	72684
allow specified initial activities that are part of the	72685
installation or modification of an air contaminant source, such	72686
as the installation of electrical and other utilities for the	72687
source, prior to issuance of a permit to install, provided that	72688
the owner or operator of the source has filed a complete	72689
application for a permit to install, the director or the	72690
director's designee has determined that the application is	72691
complete, and the owner or operator of the source has notified	72692
the director that this activity will be undertaken prior to the	72693
issuance of a permit to install. Any activity that is undertaken	72694
by the source under those rules shall be at the risk of the owner	72695
or operator. The rules shall not apply to activities that are	72696
precluded prior to permit issuance under section 111, section	72697
112, Part C of Title I, and Part D of Title I of the federal	72698
Clean Air Act.	72699

(G) Adopt, modify, suspend, and rescind rules prohibiting the	72700
operation or other use of any new, modified, or existing air	72701
contaminant source unless an operating permit has been obtained	72702
from the director or the director's authorized representative, or	72703
the air contaminant source is being operated in compliance with	72704
the conditions of a variance issued pursuant to division (H) of	72705
this section. Applications for operating permits shall be	72706
accompanied by such plans, specifications, and other pertinent	72707
information as the director may require. Operating permits may be	72708
issued for a period determined by the director not to exceed ten	72709
years, are renewable, and are transferable. The director shall	72710
specify in each operating permit that the permit is conditioned	72711
upon payment of the applicable fees as required by section 3745.11	72712
of the Revised Code and upon the right of the director's	72713
authorized representatives to enter upon the premises of the	72714
person to whom the permit has been issued, at any reasonable time	72715
and subject to safety requirements of the person in control of the	72716
premises, for the purpose of determining compliance with this	72717
chapter, the rules adopted thereunder, and the conditions of any	72718
permit, variance, or order issued thereunder. Operating permits	72719
may be denied or revoked for failure to comply with this chapter	72720
or the rules adopted thereunder. An operating permit shall be	72721
issued only upon a showing satisfactory to the director or the	72722
director's representative that the air contaminant source is being	72723
operated in compliance with applicable emission standards and	72724
other rules or upon submission of a schedule of compliance	72725
satisfactory to the director for a source that is not in	72726
compliance with all applicable requirements at the time of permit	72727
issuance, provided that the compliance schedule shall be	72728
consistent with and at least as stringent as that contained in any	72729
judicial consent decree or administrative order to which the air	72730
contaminant source is subject. The rules shall provide for the	72731
issuance of conditional operating permits for such reasonable	72732
periods as the director may determine to allow the holder of an	72733
installation permit, who has constructed, installed, located, or	72734
modified a new air contaminant source in accordance with the	72735
provisions of an installation permit, to make adjustments or	72736
modifications necessary to enable the new air contaminant source	72737
to comply with applicable emission standards and other rules.	72738
Terms and conditions of operating permits issued pursuant to this	72739
division shall be federally enforceable for the purpose of	72740
establishing the potential to emit of a stationary source and	72741
shall be expressly designated as federally enforceable. Any such	72742
federally enforceable restrictions on a source's potential to emit	72743
shall include both an annual limit and a short-term limit of not	72744
more than thirty days for each pollutant to be restricted together	72745
with adequate methods for establishing compliance with the	72746
restrictions. In other respects, operating permits issued pursuant	72747
to this division are enforceable as state law only. No application	72748
shall be denied or permit revoked or modified without a written	72749
order stating the findings upon which denial, revocation, or	72750
modification is based. A copy of the order shall be sent to the	72751
applicant or permit holder by certified mail.	72752

(H) Adopt, modify, and rescind rules governing the issuance,	72753
revocation, modification, or denial of variances that authorize	72754
emissions in excess of the applicable emission standards.	72755

No variance shall be issued except pursuant to those rules.	72756
The rules shall prescribe conditions and criteria in furtherance	72757
of the purposes of this chapter and consistent with the federal	72758
Clean Air Act governing eligibility for issuance of variances,	72759
which shall include all of the following:	72760

(1) Provisions requiring consistency of emissions authorized	72761
by a variance with timely attainment and maintenance of ambient	72762
air quality standards;	72763

(2) Provisions prescribing the classes and categories of air	72764
contaminants and air contaminant sources for which variances may	72765
be issued;	72766

(3) Provisions defining the circumstances under which an	72767
applicant shall demonstrate that compliance with applicable	72768
emission standards is technically infeasible, economically	72769
unreasonable, or impossible because of conditions beyond the	72770
control of the applicant;	72771

(4) Other provisions prescribed in furtherance of the goals	72772
of this chapter.	72773

The rules shall prohibit the issuance of variances from any	72774
emission limitation that was applicable to a source pursuant to an	72775
installation permit and shall prohibit issuance of variances that	72776
conflict with the federal Clean Air Act.	72777

Applications for variances shall be accompanied by such	72778
information as the director may require. In issuing variances, the	72779
director may order the person to whom a variance is issued to	72780
furnish plans and specifications and such other information and	72781
data, including interim reports, as the director may require and	72782
to proceed to take such action within such time as the director	72783
may determine to be appropriate and reasonable to prevent,	72784
control, or abate the person's existing emissions of air	72785
contaminants. The director shall specify in each variance that the	72786
variance is conditioned upon payment of the applicable fees as	72787
required by section 3745.11 of the Revised Code and upon the right	72788
of the director's authorized representatives to enter upon the	72789
premises of the person to whom the variance has been issued, at	72790
any reasonable time and subject to safety requirements of the	72791
person in control of the premises, for the purpose of determining	72792
compliance with this chapter, the rules adopted thereunder, and	72793
the conditions of any permit, variance, or order issued	72794
thereunder.	72795

The director may hold a public hearing on an application for	72796
a variance or renewal thereof at a location in the county where	72797
the variance is sought. The director shall give not less than	72798
twenty days' notice of the hearing to the applicant by certified	72799
mail and cause at least one publication of notice in a newspaper	72800
with general circulation in the county where the variance is	72801
sought. The director shall keep available for public inspection at	72802
the principal office of the environmental protection agency a	72803
current schedule of pending applications for variances and a	72804
current schedule of pending variance hearings. The director shall	72805
make a complete stenographic record of testimony and other	72806
evidence submitted at the hearing. The director shall make a	72807
written determination to issue, renew, or deny the variance and	72808
shall enter the determination and the basis therefor into the	72809
record of the hearing. The director shall issue, renew, or deny an	72810
application for a variance or renewal thereof, or issue a proposed	72811
action upon the application pursuant to section 3745.07 of the	72812
Revised Code, within six months of the date upon which the	72813
director receives a complete application with all pertinent	72814
information and data required by the director.	72815

Any variance granted pursuant to rules adopted under this	72816
division shall be for a period specified by the director, not to	72817
exceed three years, and may be renewed from time to time on such	72818
terms and for such periods, not to exceed three years each, as the	72819
director determines to be appropriate. A variance may be revoked,	72820
or renewal denied, for failure to comply with conditions specified	72821
in the variance. No variance shall be issued, denied, revoked, or	72822
modified without a written order stating the findings upon which	72823
the issuance, denial, revocation, or modification is based. A copy	72824
of the order shall be sent to the applicant or variance holder by	72825
certified mail.	72826

(I) Require the owner or operator of an air contaminant	72827
source to install, employ, maintain, and operate such emissions,	72828
ambient air quality, meteorological, or other monitoring devices	72829
or methods as the director shall prescribe; to sample those	72830
emissions at such locations, at such intervals, and in such manner	72831
as the director prescribes; to maintain records and file periodic	72832
reports with the director containing information as to location,	72833
size, and height of emission outlets, rate, duration, and	72834
composition of emissions, and any other pertinent information the	72835
director prescribes; and to provide such written notice to other	72836
states as the director shall prescribe. In requiring monitoring	72837
devices, records, and reports, the director, to the extent	72838
consistent with the federal Clean Air Act, shall give	72839
consideration to technical feasibility and economic reasonableness	72840
and allow reasonable time for compliance. For sources where a	72841
specific monitoring, record-keeping, or reporting requirement is	72842
specified for a particular air contaminant from a particular air	72843
contaminant source in an applicable regulation adopted by the	72844
United States environmental protection agency under the federal	72845
Clean Air Act or in an applicable rule adopted by the director,	72846
the director shall not impose an additional requirement in a	72847
permit that is a different monitoring, record-keeping, or	72848
reporting requirement other than the requirement specified in the	72849
applicable regulation or rule for that air contaminant except as	72850
otherwise agreed to by the owner or operator of the air	72851
contaminant source and the director. If two or more regulations or	72852
rules impose different monitoring, record-keeping, or reporting	72853
requirements for the same air contaminant from the same air	72854
contaminant source, the director may impose permit terms and	72855
conditions that consolidate or streamline the monitoring,	72856
record-keeping, or reporting requirements in a manner that	72857
conforms with each applicable requirement. To the extent	72858
consistent with the federal Clean Air Act and except as otherwise	72859
agreed to by the owner or operator of an air contaminant source	72860
and the director, the director shall not require an operating	72861
restriction that has the practical effect of increasing the	72862
stringency of an existing applicable emission limitation or	72863
standard.	72864

(J) Establish, operate, and maintain monitoring stations and	72865
other devices designed to measure air pollution and enter into	72866
contracts with any public or private agency for the establishment,	72867
operation, or maintenance of such stations and devices;	72868

(K) By rule adopt procedures for giving reasonable public	72869
notice and conducting public hearings on any plans for the	72870
prevention, control, and abatement of air pollution that the	72871
director is required to submit to the federal government;	72872

(L) Through any employee, agent, or authorized representative	72873
of the director or the environmental protection agency, enter upon	72874
private or public property, including improvements thereon, at any	72875
reasonable time, to make inspections, take samples, conduct tests,	72876
and examine records or reports pertaining to any emission of air	72877
contaminants and any monitoring equipment or methods and to	72878
determine if there are any actual or potential emissions from such	72879
premises and, if so, to determine the sources, amounts, contents,	72880
and extent of those emissions, or to ascertain whether there is	72881
compliance with this chapter, any orders issued or rules adopted	72882
thereunder, or any other determination of the director. The	72883
director, at reasonable times, may have access to and copy any	72884
such records. If entry or inspection authorized by this division	72885
is refused, hindered, or thwarted, the director or the director's	72886
authorized representative may by affidavit apply for, and any	72887
judge of a court of record may issue, an appropriate inspection	72888
warrant necessary to achieve the purposes of this chapter within	72889
the court's territorial jurisdiction.	72890

(M) Accept and administer gifts or grants from the federal	72891
government and from any other source, public or private, for	72892
carrying out any of the functions under this chapter;	72893

(N) Obtain necessary scientific, technical, and laboratory	72894
services;	72895

(O) Establish advisory boards in accordance with section	72896
121.13 of the Revised Code;	72897

(P) Delegate to any city or general health district or	72898
political subdivision of the state any of the director's	72899
enforcement and monitoring powers and duties, other than	72900
rule-making powers, as the director elects to delegate, and in	72901
addition employ, compensate, and prescribe the powers and duties	72902
of such officers, employees, and consultants as are necessary to	72903
enable the director to exercise the authority and perform duties	72904
imposed upon the director by law. Technical and other services	72905
shall be performed, insofar as practical, by personnel of the	72906
environmental protection agency.	72907

(Q) Certify to the government of the United States or any	72908
agency thereof that an industrial air pollution facility is in	72909
conformity with the state program or requirements for control of	72910
air pollution whenever such certificate is required for a taxpayer	72911
pursuant to any federal law or requirements;	72912

(R) Issue, modify, or revoke orders requiring abatement of or	72913
prohibiting emissions that violate applicable emission standards	72914
or other requirements of this chapter and rules adopted	72915
thereunder, or requiring emission control devices or measures in	72916
order to comply with applicable emission standards or other	72917
requirements of this chapter and rules adopted thereunder. Any	72918
such order shall require compliance with applicable emission	72919
standards by a specified date and shall not conflict with any	72920
requirement of the federal Clean Air Act. In the making of such	72921
orders, the director, to the extent consistent with the federal	72922
Clean Air Act, shall give consideration to, and base the	72923
determination on, evidence relating to the technical feasibility	72924
and economic reasonableness of compliance with such orders and	72925
their relation to benefits to the people of the state to be	72926
derived from such compliance. If, under the federal Clean Air Act,	72927
any such order shall provide for the posting of a bond or surety	72928
to secure compliance with the order as a condition of issuance of	72929
the order, the order shall so provide, but only to the extent	72930
required by the federal Clean Air Act.	72931

(S) To the extent provided by the federal Clean Air Act,	72932
adopt, modify, and rescind rules providing for the administrative	72933
assessment and collection of monetary penalties, not in excess of	72934
those required pursuant to the federal Clean Air Act, for failure	72935
to comply with any emission limitation or standard, compliance	72936
schedule, or other requirement of any rule, order, permit, or	72937
variance issued or adopted under this chapter or required under	72938
the applicable implementation plan whether or not the source is	72939
subject to a federal or state consent decree. The director may	72940
require the submission of compliance schedules, calculations of	72941
penalties for noncompliance, and related information. Any orders,	72942
payments, sanctions, or other requirements imposed pursuant to	72943
rules adopted under this division shall be in addition to any	72944
other permits, orders, payments, sanctions, or other requirements	72945
established under this chapter and shall not affect any civil or	72946
criminal enforcement proceedings brought under any provision of	72947
this chapter or any other provision of state or local law. This	72948
division does not apply to any requirement of this chapter	72949
regarding the prevention or abatement of odors.	72950

(T) Require new or modified air contaminant sources to	72951
install best available technology, but only in accordance with	72952
this division. With respect to permits issued pursuant to division	72953
(F) of this section beginning three years after August 3, 2006,	72954
best available technology for air contaminant sources and air	72955
contaminants emitted by those sources that are subject to	72956
standards adopted under section 112, Part C of Title I, and Part	72957
D of Title I of the federal Clean Air Act shall be equivalent to	72958
and no more stringent than those standards. For an air	72959
contaminant or precursor of an air contaminant for which a	72960
national ambient air quality standard has been adopted under the	72961
federal Clean Air Act, best available technology only shall be	72962
required to the extent required by rules adopted under Chapter	72963
119. of the Revised Code for permit to install applications filed	72964
three or more years after August 3, 2006.	72965

Best available technology requirements established in rules	72966
adopted under this division shall be expressed only in one of the	72967
following ways that is most appropriate for the applicable source	72968
or source categories:	72969

(1) Work practices;

72970

(2) Source design characteristics or design efficiency of	72971
applicable air contaminant control devices;	72972

(3) Raw material specifications or throughput limitations	72973
averaged over a twelve-month rolling period;	72974

(4) Monthly allowable emissions averaged over a twelve-month	72975
rolling period.	72976

Best available technology requirements shall not apply to an	72977
air contaminant source that has the potential to emit, taking into	72978
account air pollution controls installed on the source, less than	72979
ten tons per year of emissions of an air contaminant or precursor	72980
of an air contaminant for which a national ambient air quality	72981
standard has been adopted under the federal Clean Air Act. In	72982
addition, best available technology requirements established in	72983
rules adopted under this division shall not apply to any existing,	72984
new, or modified air contaminant source that is subject to a	72985
plant-wide applicability limit that has been approved by the	72986
director. Further, best available technology requirements	72987
established in rules adopted under this division shall not apply	72988
to general permits issued prior to January 1, 2006, under rules	72989
adopted under this chapter.	72990

For permits to install issued three or more years after	72991
August 3, 2006, any new or modified air contaminant source that	72992
has the potential to emit, taking into account air pollution	72993
controls installed on the source, ten or more tons per year of	72994
volatile organic compounds or nitrogen oxides shall meet, at a	72995
minimum, the requirements of any applicable reasonably available	72996
control technology rule in effect as of January 1, 2006,	72997
regardless of the location of the source.	72998

(U) Consistent with section 507 of the federal Clean Air Act,	72999
adopt, modify, suspend, and rescind rules for the establishment of	73000
a small business stationary source technical and environmental	73001
compliance assistance program as provided in section 3704.18 of	73002
the Revised Code;	73003

(V) Provide for emissions trading, marketable permits,	73004
auctions of emission rights, and economic incentives that would	73005
reduce the cost or increase the efficiency of achieving a	73006
specified level of environmental protection;	73007

(W) Provide for the construction of an air contaminant source	73008
prior to obtaining a permit to install pursuant to division (F) of	73009
this section if the applicant demonstrates that the source will be	73010
installed to comply with all applicable emission limits and will	73011
not adversely affect public health or safety or the environment	73012
and if the director determines that such an action will avoid an	73013
unreasonable hardship on the owner or operator of the source. Any	73014
such determination shall be consistent with the federal Clean Air	73015
Act.	73016

(X) Exercise all incidental powers, including adoption of	73017
rules, required to carry out this chapter.	73018

The environmental protection agency shall develop a plan to	73019
control air pollution resulting from state-operated facilities and	73020
property.	73021

Sec. 3704.14. (A) ~~The director of environmental protection~~	73022
~~shall continue to implement an enhanced motor vehicle inspection~~	73023
~~and maintenance program for a period of two years beginning on~~	73024
~~January 1, 2006, and ending on December 31, 2007, in counties in~~	73025
~~which a motor vehicle inspection and maintenance program is~~	73026
~~federally mandated. The program shall be substantially similar to~~	73027
~~the enhanced program implemented in those counties under a~~	73028
~~contract that is scheduled to expire on December 31, 2005. The~~(1)	73029
If the director of environmental protection determines that	73030
implementation of a motor vehicle inspection and maintenance	73031
program is necessary for the state to effectively comply with the	73032
federal Clean Air Act after June 30, 2009, the director may	73033
provide for the implementation of the program in those counties in	73034
this state in which such a program is federally mandated. Upon	73035
making such a determination, the director of environmental	73036
protection may request the director of administrative services to	73037
extend the terms of the contract that was entered into under the	73038
authority of Section 7 of Am. Sub. H.B. 24 of the 127th general	73039
assembly. Upon receiving the request, the director of	73040
administrative services shall extend the contract, beginning on	73041
July 1, 2009, in accordance with this section. The contract shall	73042
be extended for a period of up to six months with the contractor	73043
who conducted the motor vehicle inspection and maintenance program	73044
under that contract.	73045

(2) Prior to the expiration of the contract extension that is	73046
authorized by division (A)(1) of this section, the director of	73047
environmental protection may request the director of	73048
administrative services to enter into a contract with a vendor to	73049
operate a motor vehicle inspection and maintenance program in each	73050
county in this state in which such a program is federally mandated	73051
through June 30, 2011, with an option for the state to renew the	73052
contract through June 30, 2012. The contract shall ensure that the	73053
motor vehicle inspection and maintenance program achieves at least	73054
the same ozone precursor reductions as achieved by the program	73055
operated under the authority of the contract that was extended	73056
under division (A)(1) of this section. The director of	73057
administrative services shall select a vendor through a	73058
competitive selection process in compliance with Chapter 125. of	73059
the Revised Code.	73060

(3) Notwithstanding any law to the contrary, the director of	73061
administrative services shall ensure that a competitive selection	73062
process regarding a contract to operate a motor vehicle inspection	73063
and maintenance program in this state incorporates the following	73064
elements, which shall be included in the contract:	73065

(a) A requirement that the vendor selected to operate the	73066
program provide notification of the program's requirements to each	73067
owner of a motor vehicle that is required to be inspected under	73068
the program. The contract shall require the notification to be	73069
provided not later than sixty days prior to the date by which the	73070
owner of the motor vehicle is required to have the motor vehicle	73071
inspected. The director of environmental protection and the vendor	73072
shall jointly agree on the content of the notice. However, the	73073
notice shall include at a minimum the locations of all inspection	73074
facilities within a specified distance of the address that is	73075
listed on the owner's motor vehicle registration.	73076

(b) A requirement that the vendor selected to operate the	73077
program spend not more than five hundred thousand dollars over the	73078
term of the contract for public education regarding the locations	73079
at which motor vehicle inspections will be conducted;	73080

(c) A requirement that the vendor selected to operate the	73081
program acquire all facilities that were previously utilized for	73082
motor vehicle emissions inspections via arm's-length transactions	73083
at the discretion of the interested parties if the vendor chooses	73084
to utilize those inspection facilities for purposes of the	73085
contract. The competitive selection process shall not include a	73086
requirement that a vendor pay book value for such facilities.	73087

(d) A requirement that the motor vehicle inspection and	73088
maintenance program utilize established local businesses, such as	73089
existing motor vehicle repair facilities, for the purpose of	73090
expanding the number of inspection facilities for consumer	73091
convenience and increased local business participation.	73092

(4) A motor vehicle inspection and maintenance program	73093
operated under this section shall comply with division (B) of this	73094
section. The director of environmental protection shall administer	73095
the motor vehicle inspection and maintenance program operated	73096
under this section.	73097

(B) The motor vehicle inspection and maintenance program	73098
authorized by this section, at a minimum, shall do all of the	73099
following:	73100

(1) Comply with the federal Clean Air Act;

73101

(2) ~~Provide for the extension of a contract for a period of~~	73102
~~two years, beginning on January 1, 2006, and ending on December~~	73103
~~31, 2007, with the contractor who conducted the enhanced motor~~	73104
~~vehicle inspection and maintenance program in those federally~~	73105
~~mandated counties pursuant to a contract entered into under former~~	73106
~~section 3704.14 of the Revised Code as that section existed prior~~	73107
~~to its repeal and reenactment by Am. Sub. H.B. 66 of the 126th~~	73108
~~General Assembly;~~	73109

~~(3)~~ Provide for the issuance of inspection certificates;

73110

~~(4)~~(3) Provide for a new car exemption for motor vehicles	73111
four years old or newer and provide that a new motor vehicle is	73112
exempt for four years regardless of whether legal title to the	73113
motor vehicle is transferred during that period.	73114

~~(B)~~(C)~~The director shall not implement a motor vehicle~~	73115
~~inspection and maintenance program in any county other than a~~	73116
~~county in which a motor vehicle inspection and maintenance~~	73117
~~program is federally mandated~~A motor vehicle inspection and	73118
maintenance program shall not be implemented in any county in	73119
which such a program is not authorized under division (A) of this	73120
section without the approval of the general assembly through the	73121
enactment of legislation. Further, a motor vehicle inspection and	73122
maintenance program shall not be implemented in any county beyond	73123
June 30, 2012, without the approval of the general assembly	73124
through the enactment of legislation.	73125

~~(C)~~(D) The director of environmental protection shall adopt	73126
rules in accordance with Chapter 119. of the Revised Code that	73127
the director determines are necessary to implement this section.	73128
The director may continue to implement and enforce rules	73129
pertaining to the ~~enhanced~~ motor vehicle inspection and	73130
maintenance program previously implemented under former section	73131
3704.14 of the Revised Code as that section existed prior to its	73132
repeal and reenactment by Am. Sub. H.B. 66 of the 126th general	73133
assembly, provided that the rules do not conflict with this	73134
section.	73135

~~(D)~~(E) There is hereby created in the state treasury the	73136
~~motor vehicle inspection and maintenance~~auto emissions test fund,	73137
which shall consist of money received by the director from any	73138
~~fees for inspections that are established in rules adopted~~cash	73139
transfers, state and local grants, and other contributions that	73140
are received for the purpose of funding the program established	73141
under this section. The director of environmental protection	73142
shall use money in the fund solely for the implementation,	73143
supervision, administration, operation, and enforcement of the	73144
~~enhanced~~ motor vehicle inspection and maintenance program	73145
established under this section. Money in the fund shall not be	73146
used for either of the following:	73147

(1) To pay for the inspection costs incurred by a motor	73148
vehicle dealer so that the dealer may provide inspection	73149
certificates to an individual purchasing a motor vehicle from the	73150
dealer when that individual resides in a county that is subject to	73151
the motor vehicle inspection and maintenance program;	73152

(2) To provide payment for more than one free passing	73153
emissions inspection or a total of three emissions inspections for	73154
a motor vehicle in any three-hundred-sixty-five day period. The	73155
owner or lessee of a motor vehicle is responsible for inspection	73156
fees that are related to emissions inspections beyond one free	73157
passing emissions inspection or three total emissions inspections	73158
in any three-hundred-sixty-five day period. Inspection fees that	73159
are charged by a contractor conducting emissions inspections under	73160
a motor vehicle inspection and maintenance program shall be	73161
approved by the director of environmental protection.	73162

~~(E)~~(F) The ~~enhanced~~ motor vehicle inspection and maintenance	73163
program established under this section expires ~~on December 31,~~	73164
~~2007,~~upon the termination of all contracts entered into under	73165
this section and shall not be ~~continued~~implemented beyond ~~that~~	73166
the final date ~~unless otherwise federally mandated~~on which	73167
termination occurs.	73168

Sec. 3704.144. Gifts, grants, and contributions for the	73169
purpose of adding pollution control equipment to diesel-powered	73170
school buses, including contributions that are made pursuant to	73171
the settlement of an administrative action or civil action that is	73172
brought at the request of the director of environmental protection	73173
pursuant to Chapter 3704., 3714., 3734., 6109., or 6111. of the	73174
Revised Code, shall be credited to the clean diesel school bus	73175
fund, which is hereby created in the state treasury. The director	73176
shall use money credited to the fund to make grants to school	73177
districts in the state and to county boards of developmental	73178
disabilities for the purpose of adding pollution control	73179
equipment to diesel-powered school buses and to pay the	73180
environmental protection agency's costs incurred in administering	73181
this section. In addition, the director may use money credited to	73182
the fund to make grants to school districts and to county boards	73183
of developmental disabilities for the purpose of maintaining	73184
pollution control equipment that is installed on diesel-powered	73185
school buses and to pay the additional cost incurred by a school	73186
district or a county board for using ultra-low sulfur diesel fuel	73187
instead of diesel fuel for the operation of diesel-powered school	73188
buses.	73189

In making grants under this section, the director shall give	73190
priority to school districts and to county boards of developmental	73191
disabilities that are located in a county that is designated as	73192
nonattainment by the United States environmental protection	73193
agency for the fine particulate national ambient air quality	73194
standard under the federal Clean Air Act. In addition, the	73195
director may give a higher priority to a school district or a	73196
county board of developmental disabilities that employs	73197
additional measures that reduce air pollution from the district's	73198
or the county board's school bus fleet.	73199

The director shall adopt rules establishing procedures and	73200
requirements that are necessary to implement this section,	73201
including procedures and requirements governing applications for	73202
grants.	73203

Sec. 3705.03. (A) The director of health shall designate the	73204
state registrar, who shall head the office of vital statistics	73205
and do all of the following:	73206

(1) Administer and enforce this chapter, the rules issued	73207
under this chapter, and the instructions of the director for the	73208
efficient administration of the system of vital statistics;	73209

(2) Direct and supervise the system of vital statistics and	73210
be custodian of the vital records;	73211

(3) Direct, supervise, and control the activities of all	73212
persons engaged in activities governed by this chapter;	73213

(4) Conduct training programs to promote uniformity of policy	73214
and procedures throughout the state in matters pertaining to the	73215
system of vital statistics;	73216

(5) Comply with the requirements in section 3705.031 of the	73217
Revised Code.	73218

(B) To preserve vital records, the state registrar may	73219
prepare a typewritten, photographic, electronic, or other	73220
reproduction of certificates or reports in the office of vital	73221
statistics. These reproductions, when certified by the director or	73222
state registrar, shall be accepted as the original records. The	73223
documents from which the reproductions have been made and verified	73224
may be disposed of as provided by rules that shall be adopted by	73225
the director.	73226

Sec. 3705.031. (A) Once each calendar month, the state	73227
registrar shall review all death certificates the state registrar	73228
receives, pursuant to section 3705.07 of the Revised Code, from	73229
each local registrar of vital statistics in this state, and from a	73230
vital statistics official in another state, in the preceding	73231
calendar month. The state registrar shall identify those death	73232
certificates that pertain to individuals who were at least	73233
eighteen years of age at the time of death.	73234

(B) From each death certificate identified pursuant to	73235
division (A) of this section, the registrar shall determine the	73236
following information:	73237

(1) The decedent's name;

73238

(2) The decedent's date of birth;

73239

(3) The decedent's date of death;

73240

(4) The decedent's age on the date of death;

73241

(5) The address of the decedent's residence on the date of	73242
death;	73243

(6) The county and state in which the decedent's residence on	73244
the date of death was located.	73245

(C) Not later than the end of the calendar month in which a	73246
review under division (A) of this section occurs, the state	73247
registrar shall file with each county auditor and county board of	73248
elections in this state a report that summarizes the information	73249
in divisions (B)(1) to (6) of this section for each decedent whose	73250
residence was located in that county.	73251

Sec. 3705.24. (A)(1) The public health council shall, in	73252
accordance with section 111.15 of the Revised Code, adopt rules	73253
prescribing fees for the following items or services provided by	73254
the state office of vital statistics:	73255

(a) Except as provided in division (A)(4) of this section:

73256

(i) A certified copy of a vital record or a certification of	73257
birth;	73258

(ii) A search by the office of vital statistics of its files	73259
and records pursuant to a request for information, regardless of	73260
whether a copy of a record is provided;	73261

(iii) A copy of a record provided pursuant to a request;.

73262

(b) Replacement of a birth certificate following an adoption,	73263
legitimation, paternity determination or acknowledgement, or court	73264
order;	73265

73266

(d) Amendment of a vital record that is requested later than	73267
one year after the filing date of the vital record;	73268

(e) Any other documents or services for which the public	73269
health council considers the charging of a fee appropriate.	73270

(2) Fees prescribed under division (A)(1)(a) of this section	73271
shall not be less than ~~seven~~twelve dollars.	73272

(3) Fees prescribed under division (A)(1) of this section	73273
shall be collected in addition to any fees required by sections	73274
3109.14 and 3705.242 of the Revised Code.	73275

(4) Fees prescribed under division (A) of this section shall	73276
not apply to certifications issued under division (H) of this	73277
section or copies provided under section 3705.241 of the Revised	73278
Code.	73279

(B) In addition to the fees prescribed under division (A) of	73280
this section or section 3709.09 of the Revised Code, the office of	73281
vital statistics or the board of health of a city or general	73282
health district shall charge a five-dollar fee for each certified	73283
copy of a vital record and each certification of birth. This fee	73284
shall be deposited in the general operations fund created under	73285
section 3701.83 of the Revised Code and be used to support the	73286
operations, the modernization, and the automation of the vital	73287
records program in this state. A board of health shall forward	73288
all fees collected under this division to the department of	73289
health not later than thirty days after the end of each calendar	73290
quarter.	73291

(C) Except as otherwise provided in division (H) of this	73292
section, and except as provided in section 3705.241 of the Revised	73293
Code, fees collected by the director of health under sections	73294
3705.01 to 3705.29 of the Revised Code shall be paid into the	73295
state treasury to the credit of the general operations fund	73296
created by section 3701.83 of the Revised Code. Except as	73297
provided in division (B) or (I) of this section, money generated	73298
by the fees shall be used only for administration and enforcement	73299
of this chapter and the rules adopted under it. Amounts	73300
submitted to the department of health for copies of vital records	73301
or services in excess of the fees imposed by this section shall	73302
be dealt with as follows:	73303

(1) An overpayment of two dollars or less shall be retained	73304
by the department and deposited in the state treasury to the	73305
credit of the general operations fund created by section 3701.83	73306
of the Revised Code.	73307

(2) An overpayment in excess of two dollars shall be returned	73308
to the person who made the overpayment.	73309

(D) If a local registrar is a salaried employee of a city or	73310
a general health district, any fees the local registrar receives	73311
pursuant to section 3705.23 of the Revised Code shall be paid into	73312
the general fund of the city or the health fund of the general	73313
health district.	73314

Each local registrar of vital statistics, or each health	73315
district where the local registrar is a salaried employee of the	73316
district, shall be entitled to a fee for each birth, fetal death,	73317
death, or military service certificate properly and completely	73318
made out and registered with the local registrar or district and	73319
correctly copied and forwarded to the office of vital statistics	73320
in accordance with the population of the primary registration	73321
district at the last federal census. The fee for each birth, fetal	73322
death, death, or military service certificate shall be:	73323

(1) In primary registration districts of over two hundred	73324
fifty thousand, twenty cents;	73325

(2) In primary registration districts of over one hundred	73326
twenty-five thousand and less than two hundred fifty thousand,	73327
sixty cents;	73328

(3) In primary registration districts of over fifty thousand	73329
and less than one hundred twenty-five thousand, eighty cents;	73330

(4) In primary registration districts of less than fifty	73331
thousand, one dollar.	73332

(E) The director of health shall annually certify to the	73333
county treasurers of the several counties the number of birth,	73334
fetal death, death, and military service certificates registered	73335
from their respective counties with the names of the local	73336
registrars and the amounts due each registrar and health district	73337
at the rates fixed in this section. Such amounts shall be paid by	73338
the treasurer of the county in which the registration districts	73339
are located. No fees shall be charged or collected by registrars	73340
except as provided by this chapter and section 3109.14 of the	73341
Revised Code.	73342

(F) A probate judge shall be paid a fee of fifteen cents for	73343
each certified abstract of marriage prepared and forwarded by the	73344
probate judge to the department of health pursuant to section	73345
3705.21 of the Revised Code. The fee shall be in addition to the	73346
fee paid for a marriage license and shall be paid by the	73347
applicants for the license.	73348

(G) The clerk of a court of common pleas shall be paid a fee	73349
of one dollar for each certificate of divorce, dissolution, and	73350
annulment of marriage prepared and forwarded by the clerk to the	73351
department pursuant to section 3705.21 of the Revised Code. The	73352
fee for the certified abstract of divorce, dissolution, or	73353
annulment of marriage shall be added to the court costs allowed in	73354
these cases.	73355

(H) The fee for an heirloom certification of birth issued	73356
pursuant to division (B)(2) of section 3705.23 of the Revised Code	73357
shall be an amount prescribed by rule by the director of health	73358
plus any fee required by section 3109.14 of the Revised Code. In	73359
setting the amount of the fee, the director shall establish a	73360
surcharge in addition to an amount necessary to offset the expense	73361
of processing heirloom certifications of birth. The fee prescribed	73362
by the director of health pursuant to this division shall be	73363
deposited into the state treasury to the credit of the heirloom	73364
certification of birth fund which is hereby created. Money	73365
credited to the fund shall be used by the office of vital	73366
statistics to offset the expense of processing heirloom	73367
certifications of birth. However, the money collected for the	73368
surcharge, subject to the approval of the controlling board, shall	73369
be used for the purposes specified by the family and children	73370
first council pursuant to section 121.37 of the Revised Code.	73371

(I) Four dollars of each fee collected by the director of	73372
health or the board of health of a city or general health district	73373
for an item or service described in division (A)(1)(a) of this	73374
section shall be transferred to the office of vital statistics	73375
not later than thirty days after the end of each calendar quarter	73376
and shall be used to support public health systems.	73377

Sec. 3706.04. The Ohio air quality development authority	73378
may:	73379

(A) Adopt bylaws for the regulation of its affairs and the	73380
conduct of its business;	73381

(B) Adopt an official seal;

73382

(C) Maintain a principal office and suboffices at such places	73383
within the state as it designates;	73384

(D) Sue and plead in its own name; be sued and impleaded in	73385
its own name with respect to its contracts or torts of its	73386
members, employees, or agents acting within the scope of their	73387
employment, or to enforce its obligations and covenants made under	73388
sections 3706.05, 3706.07, and 3706.12 of the Revised Code. Any	73389
such actions against the authority shall be brought in the court	73390
of common pleas of the county in which the principal office of the	73391
authority is located, or in the court of common pleas of the	73392
county in which the cause of action arose, provided such county is	73393
located within this state, and all summonses, exceptions, and	73394
notices of every kind shall be served on the authority by leaving	73395
a copy thereof at the principal office with the person in charge	73396
thereof or with the secretary-treasurer of the authority.	73397

(E) Make loans and grants to governmental agencies for the	73398
acquisition or construction of air quality projects by any such	73399
governmental agency and adopt rules and procedures for making such	73400
loans and grants;	73401

(F) Acquire, construct, reconstruct, enlarge, improve,	73402
furnish, equip, maintain, repair, operate, lease or rent to, or	73403
contract for operation by, a person or governmental agency, air	73404
quality projects, and establish rules for the use of such	73405
projects;	73406

(G) Make available the use or services of any air quality	73407
project to one or more persons, one or more governmental agencies,	73408
or any combination thereof;	73409

(H) Issue air quality revenue bonds and notes and air quality	73410
revenue refunding bonds of the state, payable solely from revenues	73411
as provided in section 3706.05 of the Revised Code, unless the	73412
bonds be refunded by refunding bonds, for the purpose of paying	73413
any part of the cost of one or more air quality projects or parts	73414
thereof;	73415

(I) Acquire by gift or purchase, hold, and dispose of real	73416
and personal property in the exercise of the powers of the	73417
authority and the performance of its duties under this chapter;	73418

(J) Acquire, in the name of the state, by purchase or	73419
otherwise, on such terms and in such manner as the authority finds	73420
proper, or by the exercise of the right of condemnation in the	73421
manner provided by section 3706.17 of the Revised Code, such	73422
public or private lands, including public parks, playgrounds, or	73423
reservations, or parts thereof or rights therein, rights-of-way,	73424
property, rights, easements, and interests as it finds necessary	73425
for carrying out this chapter, but excluding the acquisition by	73426
the exercise of the right of condemnation of any air quality	73427
facility owned by any person or governmental agency; and	73428
compensation shall be paid for public or private lands so taken;	73429

(K) Make and enter into all contracts and agreements and	73430
execute all instruments necessary or incidental to the performance	73431
of its duties and the execution of its powers under this chapter.	73432

(1) When the cost under any such contract or agreement, other	73433
than compensation for personal services, involves an expenditure	73434
of more than two thousand dollars, the authority shall make a	73435
written contract with the lowest responsive and responsible	73436
bidder, in accordance with section 9.312 of the Revised Code,	73437
after advertisement for not less than two consecutive weeks in a	73438
newspaper of general circulation in Franklin county, and in such	73439
other publications as the authority determines, which notice shall	73440
state the general character of the work and the general character	73441
of the materials to be furnished, the place where plans and	73442
specifications therefor may be examined, and the time and place of	73443
receiving bids; provided, that a contract or lease for the	73444
operation of an air quality project constructed and owned by the	73445
authority or an agreement for cooperation in the acquisition or	73446
construction of an air quality project pursuant to section 3706.12	73447
of the Revised Code or any contract for the construction of an air	73448
quality project that is to be leased by the authority to, and	73449
operated by, persons who are not governmental agencies and the	73450
cost of such project is to be amortized exclusively from rentals	73451
or other charges paid to the authority by persons who are not	73452
governmental agencies is not subject to the foregoing requirements	73453
and the authority may enter into such contract, lease, or	73454
agreement pursuant to negotiation and upon such terms and	73455
conditions and for such period as it finds to be reasonable and	73456
proper in the circumstances and in the best interests of proper	73457
operation or of efficient acquisition or construction of such	73458
project.	73459

(2) Each bid for a contract for the construction, demolition,	73460
alteration, repair, or reconstruction of an improvement shall	73461
contain the full name of every person interested in it and meet	73462
the requirements of section 153.54 of the Revised Code.	73463

(3) Each bid for a contract except as provided in division	73464
(K)(2) of this section shall contain the full name of every person	73465
interested in it and shall be accompanied by a sufficient bond or	73466
certified check on a solvent bank that if the bid is accepted a	73467
contract will be entered into and the performance thereof secured.	73468

(4) The authority may reject any and all bids.

73469

(5) A bond with good and sufficient surety, approved by the	73470
authority, shall be required of every contractor awarded a	73471
contract except as provided in division (K)(2) of this section, in	73472
an amount equal to at least fifty per cent of the contract price,	73473
conditioned upon the faithful performance of the contract.	73474

(L) Employ managers, superintendents, and other employees and	73475
retain or contract with consulting engineers, financial	73476
consultants, accounting experts, architects, attorneys, and such	73477
other consultants and independent contractors as are necessary in	73478
its judgment to carry out this chapter, and fix the compensation	73479
thereof. All expenses thereof shall be payable solely from the	73480
proceeds of air quality revenue bonds or notes issued under this	73481
chapter, from revenues, or from funds appropriated for such	73482
purpose by the general assembly.	73483

(M) Receive and accept from any federal agency, subject to	73484
the approval of the governor, grants for or in aid of the	73485
construction of any air quality project or for research and	73486
development with respect to air quality facilities, and receive	73487
and accept aid or contributions from any source of money,	73488
property, labor, or other things of value, to be held, used, and	73489
applied only for the purposes for which such grants and	73490
contributions are made;	73491

(N) Engage in research and development with respect to air	73492
quality facilities;	73493

(O) Purchase fire and extended coverage and liability	73494
insurance for any air quality project and for the principal office	73495
and suboffices of the authority, insurance protecting the	73496
authority and its officers and employees against liability for	73497
damage to property or injury to or death of persons arising from	73498
its operations, and any other insurance the authority may agree to	73499
provide under any resolution authorizing its air quality revenue	73500
bonds or in any trust agreement securing the same;	73501

(P) Charge, alter, and collect rentals and other charges for	73502
the use or services of any air quality project as provided in	73503
section 3706.13 of the Revised Code;	73504

(Q) Provide coverage for its employees under Chapters 145.,	73505
4123., and 4141. of the Revised Code;	73506

(R) In accordance with section 54D(e) of the Internal Revenue	73507
Code, 26 U.S.C. 54D(e), allocate the national qualified energy	73508
conservation bond limitation allocated to the state and	73509
reallocate any portion of an allocation waived by a county or	73510
municipality.	73511

(S) Do all acts necessary or proper to carry out the powers	73512
expressly granted in this chapter.	73513

Any instrument by which real property is acquired pursuant to	73514
this section shall identify the agency of the state that has the	73515
use and benefit of the real property as specified in section	73516
5301.012 of the Revised Code.	73517

Sec. 3706.25. As used in sections 3706.25 to 3706.30 of the	73518
Revised Code:	73519

(A) "Advanced energy project" means any technologies,	73520
products, activities, or management practices or strategies that	73521
facilitate the generation or use of electricity or energy and that	73522
reduce or support the reduction of energy consumption or support	73523
the production of clean, renewable energy for industrial,	73524
distribution, commercial, institutional, governmental, research,	73525
not-for-profit, or residential energy users including, but not	73526
limited to, advanced energy resources and renewable energy	73527
resources. "Advanced energy project" includes any project	73528
described in division (A), (B), or (C) of section 4928.621 of the	73529
Revised Code.	73530

(B) "Advanced energy resource" means any of the following:

73531

(1) Any method or any modification or replacement of any	73532
property, process, device, structure, or equipment that increases	73533
the generation output of an electric generating facility to the	73534
extent such efficiency is achieved without additional carbon	73535
dioxide emissions by that facility;	73536

(2) Any distributed generation system consisting of customer	73537
cogeneration of electricity and thermal output simultaneously,	73538
primarily to meet the energy needs of the customer's facilities;	73539

(3) Advanced nuclear energy technology consisting of	73540
generation III technology as defined by the nuclear regulatory	73541
commission; other, later technology; or significant improvements	73542
to existing facilities;	73543

(4) Any fuel cell used in the generation of electricity,	73544
including, but not limited to, a proton exchange membrane fuel	73545
cell, phosphoric acid fuel cell, molten carbonate fuel cell, or	73546
solid oxide fuel cell;	73547

(5) Advanced solid waste or construction and demolition	73548
debris conversion technology, including, but not limited to,	73549
advanced stoker technology, and advanced fluidized bed	73550
gasification technology, that results in measurable greenhouse	73551
gas emissions reductions as calculated pursuant to the United	73552
States environmental protection agency's waste reduction model	73553
(WARM).	73554

(C) "Renewable energy resource" means solar photovoltaic or	73555
solar thermal energy, wind energy, power produced by a	73556
hydroelectric facility, geothermal energy, fuel derived from	73557
solid wastes, as defined in section 3734.01 of the Revised	73558
Code, through fractionation, biological decomposition, or other	73559
process that does not principally involve combustion, biomass	73560
energy, biologically derived methane gas, or energy derived	73561
from nontreated by-products of the pulping process or wood	73562
manufacturing process, including bark, wood chips, sawdust,	73563
and lignin in spent pulping liquors. "Renewable energy	73564
resource" includes, but is not limited to, any fuel cell used	73565
in the generation of electricity, including, but not limited	73566
to, a proton exchange membrane fuel cell, phosphoric acid fuel	73567
cell, molten carbonate fuel cell, or solid oxide fuel cell; wind	73568
turbine located in the state's territorial waters of Lake Erie;	73569
methane gas emitted from an abandoned coal mine; storage	73570
facility that will promote the better utilization of a renewable	73571
energy resource that primarily generates off peak; or	73572
distributed generation system used by a customer to generate	73573
electricity from any such energy. As used in this division,	73574
"hydroelectric facility" means a hydroelectric generating	73575
facility that is located at a dam on a river, or on any water	73576
discharged to a river, that is within or bordering this state	73577
or within or bordering an adjoining state and meets all of the	73578
following standards:	73579

(1) The facility provides for river flows that are not	73580
detrimental for fish, wildlife, and water quality, including	73581
seasonal flow fluctuations as defined by the applicable licensing	73582
agency for the facility.	73583

(2) The facility demonstrates that it complies with the	73584
water quality standards of this state, which compliance may	73585
consist of certification under Section 401 of the "Clean Water	73586
Act of 1977," 91 Stat. 1598, 1599, 33 U.S.C. 1341, and	73587
demonstrates that it has not contributed to a finding by this	73588
state that the river has impaired water quality under Section	73589
303(d) of the "Clean Water Act of 1977," 114 Stat. 870, 33	73590
U.S.C. 1313.	73591

(3) The facility complies with mandatory prescriptions	73592
regarding fish passage as required by the federal energy	73593
regulatory commission license issued for the project, regarding	73594
fish protection for riverine, anadromous, and catadromus fish.	73595

(4) The facility complies with the recommendations of the	73596
Ohio environmental protection agency and with the terms of its	73597
federal energy regulatory commission license regarding watershed	73598
protection, mitigation, or enhancement, to the extent of each	73599
agency's respective jurisdiction over the facility.	73600

(5) The facility complies with provisions of the "Endangered	73601
Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531 to 1544, as	73602
amended.	73603

(6) The facility does not harm cultural resources of the	73604
area. This can be shown through compliance with the terms of its	73605
federal energy regulatory commission license or, if the facility	73606
is not regulated by that commission, through development of a plan	73607
approved by the Ohio historic preservation office, to the extent	73608
it has jurisdiction over the facility.	73609

(7) The facility complies with the terms of its federal	73610
energy regulatory commission license or exemption that are related	73611
to recreational access, accommodation, and facilities or, if the	73612
facility is not regulated by that commission, the facility	73613
complies with similar requirements as are recommended by	73614
resource agencies, to the extent they have jurisdiction over the	73615
facility; and the facility provides access to water to the	73616
public without fee or charge.	73617

(8) The facility is not recommended for removal by any	73618
federal agency or agency of any state, to the extent the	73619
particular agency has jurisdiction over the facility.	73620

Sec. 3707.26. ~~(A) Annually~~Semiannually, and more often, if	73621
in its judgment necessary, the board of health of a city or	73622
general health district shall inspect the sanitary condition of	73623
all schools and school buildings within its jurisdiction, and may	73624
disinfect any school building. During an epidemic or threatened	73625
epidemic, or when a dangerous communicable disease is unusually	73626
prevalent, ~~or for any other imminent public health threat as~~	73627
~~determined by the board,~~ the board may close any school and	73628
prohibit public gatherings for such time as is necessary.	73629

~~(B) The director of health shall adopt rules establishing~~	73630
~~minimum standards for inspections conducted under this section.~~	73631
~~The rules shall be adopted in accordance with Chapter 119. of the~~	73632
~~Revised Code and in consultation with the association of Ohio~~	73633
~~health commissioners, the Ohio environmental health association,~~	73634
~~the Ohio school boards association, and the Ohio education~~	73635
~~association. Initial rules shall be adopted not later than~~	73636
~~eighteen months after the effective date of this amendment.~~	73637

Sec. 3709.09. (A) The board of health of a city or general	73638
health district may, by rule, establish a uniform system of fees	73639
to pay the costs of any services provided by the board.	73640

The fee for issuance of a certified copy of a vital record or	73641
a certification of birth shall not be less than the fee prescribed	73642
for the same service under division (A)(1) of section 3705.24 of	73643
the Revised Code and shall include the fees required by division	73644
(B) of section 3705.24 and section 3109.14 of the Revised Code.	73645

Fees for services provided by the board for purposes	73646
specified in sections 3701.344, 3711.10, 3718.06, 3729.07,	73647
3730.03, 3733.04, 3733.25, and 3749.04 of the Revised Code shall	73648
be established in accordance with rules adopted under division (B)	73649
of this section. The district advisory council, in the case of a	73650
general health district, and the legislative authority of the	73651
city, in the case of a city health district, may disapprove any	73652
fee established by the board of health under this division, and	73653
any such fee, as disapproved, shall not be charged by the board of	73654
health.	73655

(B) The public health council shall adopt rules under section	73656
111.15 of the Revised Code that establish fee categories and a	73657
uniform ~~methodologies~~methodology for use in calculating the costs	73658
of services provided for purposes specified in sections 3701.344,	73659
3711.10, 3718.06, 3729.07, 3730.03, 3733.04, 3733.25, and 3749.04	73660
of the Revised Code. In adopting the rules, the public health	73661
council shall consider recommendations it receives from advisory	73662
boards established either by statute or the director of health	73663
for entities subject to the fees.	73664

(C) ~~At least thirty days prior to establishing a~~Except when	73665
a board of health establishes a fee by adopting a rule as an	73666
emergency measure, the board of health shall hold a public hearing	73667
regarding each proposed fee for a service provided by the board	73668
for a purpose specified in section 3701.344, 3711.10, 3718.06,	73669
3729.07, 3730.03, 3733.04, 3733.25, or 3749.04 of the Revised	73670
Code~~, a board of health shall notify any entity that would be~~	73671
~~affected by the proposed fee of the amount of the proposed fee~~.	73672
If a public hearing is held, at least twenty days prior to the	73673
public hearing the board shall give written notice of the hearing	73674
to each entity affected by the proposed fee. The notice shall be	73675
mailed to the last known address of each entity and shall specify	73676
the date, time, and place of the hearing and the amount of the	73677
proposed fee.	73678

(D) If payment of a fee established under this section is not	73679
received by the day on which payment is due, the board of health	73680
shall assess a penalty. The amount of the penalty shall be equal	73681
to twenty-five per cent of the applicable fee.	73682

(E) All rules adopted by a board of health under this section	73683
shall be adopted, recorded, and certified as are ordinances of	73684
municipal corporations and the record thereof shall be given in	73685
all courts the same effect as is given such ordinances, but the	73686
advertisements of such rules shall be by publication in one	73687
newspaper of general circulation within the health district.	73688
Publication shall be made once a week for two consecutive weeks	73689
and such rules shall take effect and be in force ten days from the	73690
date of the first publication.	73691

Sec. 3709.092. (A) A board of health of a city or general	73692
health district shall transmit to the director of health all fees	73693
or additional amounts that the public health council requires to	73694
be collected under sections 3701.344, 3718.06, 3729.07, 3733.04,	73695
3733.25, and 3749.04 of the Revised Code. The fees and amounts	73696
shall be transmitted according to the following schedule:	73697

(1) For fees and amounts received by the board on or after	73698
the first day of January but not later than the thirty-first day	73699
of March, transmit the fees and amounts not later than the	73700
fifteenth day of May;	73701

(2) For fees and amounts received by the board on or after	73702
the first day of April but not later than the thirtieth day of	73703
June, transmit the fees and amounts not later than the fifteenth	73704
day of August;	73705

(3) For fees and amounts received by the board on or after	73706
the first day of July but not later than the thirtieth day of	73707
September, transmit the fees and amounts not later than the	73708
fifteenth day of November;	73709

(4) For fees and amounts received by the board on or after	73710
the first day of October but not later than the thirty-first day	73711
of December, transmit the fees and amounts not later than the	73712
fifteenth day of February of the following year.	73713

(B) The director shall deposit the fees and amounts received	73714
under this section into the state treasury to the credit of the	73715
general operations fund created in section 3701.83 of the Revised	73716
Code. Each amount shall be used solely for the purpose for which	73717
it was collected.	73718

Sec. 3712.01. As used in this chapter:

73719

(A) "Hospice care program" means a coordinated program of	73720
home, outpatient, and inpatient care and services that is operated	73721
by a person or public agency and that provides the following care	73722
and services to hospice patients, including services as indicated	73723
below to hospice patients' families, through a medically directed	73724
interdisciplinary team, under interdisciplinary plans of care	73725
established pursuant to section 3712.06 of the Revised Code, in	73726
order to meet the physical, psychological, social, spiritual, and	73727
other special needs that are experienced during the final stages	73728
of illness, dying, and bereavement:	73729

(1) Nursing care by or under the supervision of a registered	73730
nurse;	73731

(2) Physical, occupational, or speech or language therapy,	73732
unless waived by the department of health pursuant to rules	73733
adopted under division (A) of section 3712.03 of the Revised Code;	73734

(3) Medical social services by a social worker under the	73735
direction of a physician;	73736

(4) Services of a home health aide;

73737

(5) Medical supplies, including drugs and biologicals, and	73738
the use of medical appliances;	73739

(6) Physician's services;

73740

(7) Short-term inpatient care, including both palliative and	73741
respite care and procedures;	73742

(8) Counseling for hospice patients and hospice patients'	73743
families;	73744

(9) Services of volunteers under the direction of the	73745
provider of the hospice care program;	73746

(10) Bereavement services for hospice patients' families.

73747

(B) "Hospice patient" means a patient who has been diagnosed	73748
as terminally ill, has an anticipated life expectancy of six	73749
months or less, and has voluntarily requested and is receiving	73750
care from a person or public agency licensed under this chapter to	73751
provide a hospice care program.	73752

(C) "Hospice patient's family" means a hospice patient's	73753
immediate family members, including a spouse, brother, sister,	73754
child, or parent, and any other relative or individual who has	73755
significant personal ties to the patient and who is designated as	73756
a member of the patient's family by mutual agreement of the	73757
patient, the relative or individual, and the patient's	73758
interdisciplinary team.	73759

(D) "Interdisciplinary team" means a working unit composed of	73760
professional and lay persons that includes at least a physician, a	73761
registered nurse, a social worker, a member of the clergy or a	73762
counselor, and a volunteer.	73763

(E) "Palliative care" means treatment for a patient with a	73764
serious or life-threatening illness directed at controlling pain,	73765
relieving other symptoms, and ~~focusing on the special needs~~	73766
enhancing the quality of life of ~~a hospice~~the patient and the	73767
~~hospice~~ patient's family ~~as they experience the stress of the~~	73768
~~dying process~~ rather than treatment ~~aimed at investigation and~~	73769
~~intervention~~ for the purpose of cure ~~or prolongation of life~~.	73770
Nothing in this section shall be interpreted to mean that	73771
palliative care can be provided only as a component of a hospice	73772
care program.	73773

(F) "Physician" means a person authorized under Chapter 4731.	73774
of the Revised Code to practice medicine and surgery or	73775
osteopathic medicine and surgery.	73776

(G) "Attending physician" means the physician identified by	73777
the hospice patient or the hospice patient's family as having	73778
primary responsibility for the hospice patient's medical care.	73779

(H) "Registered nurse" means a person registered under	73780
Chapter 4723. of the Revised Code to practice professional	73781
nursing.	73782

(I) "Social worker" means a person licensed under Chapter	73783
4757. of the Revised Code to practice as a social worker or	73784
independent social worker.	73785

Sec. 3712.03. (A) In accordance with Chapter 119. of the	73786
Revised Code, the public health council shall adopt, and may amend	73787
and rescind, rules:	73788

(1) Providing for the licensing of persons or public agencies	73789
providing hospice care programs within this state by the	73790
department of health and for the suspension and revocation of	73791
licenses;	73792

(2) Establishing a license fee and license renewal fee ~~not~~	73793
to, neither of which shall, except as provided in division (B) of	73794
this section, exceed ~~three~~six hundred dollars. The fees shall	73795
cover the three-year period during which an existing license is	73796
valid as provided in division (B) of section 3712.04 of the	73797
Revised Code.	73798

(3) Establishing an inspection fee not to exceed, except as	73799
provided in division (B) of this section, one thousand seven	73800
hundred fifty dollars;	73801

(4) Establishing requirements for hospice care program	73802
facilities and services;	73803

(5) Providing for a waiver of the requirement for the	73804
provision of physical, occupational, or speech or language therapy	73805
contained in division (A)(2) of section 3712.01 of the Revised	73806
Code when the requirement would create a hardship because such	73807
therapy is not readily available in the geographic area served by	73808
the provider of a hospice care program;	73809

(6) Providing for the granting of licenses to provide hospice	73810
care programs to persons and public agencies that are accredited	73811
or certified to provide such programs by an entity whose standards	73812
for accreditation or certification equal or exceed those provided	73813
for licensure under this chapter and rules adopted under it; ~~and~~	73814

(7) Establishing interpretive guidelines for each rule.

73815

(B) Subject to the approval of the controlling board, the	73816
public health council may establish fees in excess of the maximum	73817
amounts ~~provided by sections 3712.01 and 3712.03 to 3712.06 of the~~	73818
~~Revised Code~~specified in this section, provided that the fees do	73819
not exceed those amounts by greater than fifty per cent.	73820

73821

(1) Grant, suspend, and revoke licenses for hospice care	73822
programs in accordance with this chapter and rules adopted under	73823
it;	73824

(2) Make such inspections as are necessary to determine	73825
whether hospice care program facilities and services meet the	73826
requirements of this chapter and rules adopted under it; and	73827

(3) Implement and enforce this chapter and rules adopted	73828
under it.	73829

Sec. 3713.01. As used in sections 3713.01 to 3713.10 of the	73830
Revised Code:	73831

(A) "Person" has the same meaning as used in division (C) of	73832
section 1.59 of the Revised Code and also means any limited	73833
company, limited liability partnership, joint stock company, or	73834
other association.	73835

(B) "Bedding" means any upholstered furniture, any mattress,	73836
upholstered spring, comforter, bolster, pad, cushion, pillow,	73837
mattress protector, quilt, and any other upholstered article, to	73838
be used for sleeping, resting, or reclining purposes, and any	73839
glider, hammock, or other substantially similar article that is	73840
wholly or partly upholstered.	73841

(C) "Secondhand" means any article, or material, or portion	73842
thereof of which prior use has been made in any manner whatsoever.	73843

(D) "Remade, repaired, or renovated articles not for sale"	73844
means any article that is remade, repaired, or renovated for and	73845
is returned to the owner for the owner's own use.	73846

(E) "Sale," "sell," or "sold" shall, in the corresponding	73847
tense, mean sell, offer to sell, or deliver or consign in sale, or	73848
possess with intent to sell, or deliver in sale.	73849

(F) "Upholstered furniture" means any article of furniture	73850
wholly or partly stuffed or filled with material and that is used	73851
or intended for use for sitting, resting, or reclining purposes.	73852

(G) "Stuffed toy" means any article intended for use as a	73853
plaything or for an educational or recreational purpose that is	73854
wholly or partially stuffed with material.	73855

(H) "Tag" or "label" means any material prescribed by the	73856
superintendent of ~~industrial compliance~~labor to be attached to an	73857
article that contains information required under this chapter.	73858

Sec. 3713.02. (A) Except as provided in section 3713.05 of	73859
the Revised Code, no person shall import, manufacture, renovate,	73860
wholesale, or reupholster stuffed toys or articles of bedding in	73861
this state without first registering to do so with the	73862
superintendent of ~~industrial compliance~~labor in accordance with	73863
section 3713.05 of the Revised Code.	73864

(B) No person shall manufacture, offer for sale, sell,	73865
deliver, or possess for the purpose of manufacturing, selling, or	73866
delivering, an article of bedding or a stuffed toy that is not	73867
labeled in accordance with section 3713.08 of the Revised Code.	73868

(C) No person shall manufacture, offer for sale, sell,	73869
deliver, or possess for the purpose of manufacturing, selling, or	73870
delivering, an article of bedding or a stuffed toy that is falsely	73871
labeled.	73872

(D) No person shall sell or offer for sale any secondhand	73873
article of bedding or any secondhand stuffed toy that has not been	73874
sanitized in accordance with section 3713.08 of the Revised Code.	73875

(E) The possession of any article of bedding or stuffed toy	73876
in the course of business by a person required to obtain	73877
registration under this chapter, or by that person's agent or	73878
servant shall be prima-facie evidence of the person's intent to	73879
sell the article of bedding or stuffed toy.	73880

Sec. 3713.03. The superintendent of ~~industrial compliance~~	73881
labor in the department of commerce shall administer and enforce	73882
this chapter.	73883

Sec. 3713.04. (A) In accordance with Chapter 119. of the	73884
Revised Code, the superintendent of ~~industrial compliance~~labor	73885
shall:	73886

(1) Adopt rules pertaining to the definition, name, and	73887
description of materials necessary to carry out this chapter;	73888

(2) Determine the testing standards, fees, and charges to be	73889
paid for making any test or analysis required pursuant to section	73890
3713.08 of the Revised Code.	73891

(B) In accordance with Chapter 119. of the Revised Code, the	73892
superintendent may adopt rules regarding the following:	73893

(1) Establishing an initial application fee or an annual	73894
registration renewal fee not more than fifty per cent higher than	73895
the fees set forth in section 4713.05 of the Revised Code;	73896

(2) Establishing standards, on a reciprocal basis, for the	73897
acceptance of labels and laboratory analyses from other states	73898
where the labeling requirements and laboratory analysis standards	73899
are substantially equal to the requirements of this state,	73900
provided the other state extends similar reciprocity to labels and	73901
laboratory analysis conducted under this chapter;	73902

(3) Any other rules necessary to administer and carry out	73903
this chapter.	73904

73905

(1) Issue administrative orders, conduct hearings, and take	73906
all actions necessary under the authority of Chapter 119. of the	73907
Revised Code for the administration of this chapter. The authority	73908
granted under this division shall include the authority to	73909
suspend, revoke, or deny registration under this chapter.	73910

(2) Establish and maintain facilities within the department	73911
of commerce to make tests and analysis of materials used in the	73912
manufacture of bedding and stuffed toys. The superintendent also	73913
may designate established laboratories in various sections of the	73914
state that are qualified to make these tests. If the	73915
superintendent exercises this authority, the superintendent shall	73916
adopt rules to determine the fees and charges to be paid for	73917
making the tests or analyses authorized under this section.	73918

(3) Exercise such other powers and duties as are necessary to	73919
carry out the purpose and intent of this chapter.	73920

Sec. 3713.05. (A) Applications to register to import,	73921
manufacture, renovate, wholesale, make, or reupholster stuffed	73922
toys or bedding in this state shall be made in writing on forms	73923
provided by the superintendent of ~~industrial compliance~~labor. The	73924
application shall be accompanied by a registration fee of fifty	73925
dollars per person unless the applicant engages only in	73926
renovation, in which case the registration fee shall be	73927
thirty-five dollars.	73928

(B) Upon receipt of the application and the appropriate fee,	73929
the superintendent shall register the applicant and assign a	73930
registration number to the registrant.	73931

(C) Notwithstanding section 3713.02 of the Revised Code and	73932
division (A) of this section, the following are exempt from	73933
registration:	73934

(1) An organization described in section 501(c)(3) of the	73935
"Internal Revenue Code of 1986," and exempt from income tax under	73936
section 501(a) of that code and that is operated exclusively to	73937
provide recreation or social services;	73938

(2) A person who is not regularly engaged in the business of	73939
manufacturing, making, wholesaling, or importing stuffed toys but	73940
who manufactures or makes stuffed toys as a leisure pursuit and	73941
who sells one hundred or fewer stuffed toys within one calendar	73942
year;	73943

(3) A person who is not regularly engaged in the business of	73944
manufacturing, making, wholesaling, or importing quilts,	73945
comforters, pillows, or cushions, but who manufactures or makes	73946
these items as a leisure pursuit and who sells five or fewer	73947
quilts, ten or fewer comforters, or twenty or fewer pillows or	73948
cushions within one calendar year.	73949

(D) Notwithstanding division (C)(2) or (3) of this section, a	73950
person exempt under that division must attach a label to each	73951
stuffed toy that contains all of the following information:	73952

(1) The person's name and address;

73953

(2) A statement that the person is not registered by the	73954
state of Ohio;	73955

(3) A statement that the contents of the product have not	73956
been inspected.	73957

Sec. 3713.06. (A) Any person required to register under	73958
division (A) of section 3713.02 of the Revised Code who imports	73959
bedding or stuffed toys into this state for retail sale or use in	73960
this state and any person required to register under division (A)	73961
of section 3713.02 of the Revised Code who manufactures bedding or	73962
stuffed toys in this state for retail sale or use in this state	73963
shall submit a report to the superintendent of ~~industrial~~	73964
~~compliance~~labor, in a form and manner prescribed by the	73965
superintendent. The form shall be submitted once every six months	73966
and shall show the total number of items of bedding or stuffed	73967
toys imported into this state or manufactured in this state. Each	73968
report shall be accompanied by a fee of four cents for each item	73969
of bedding or stuffed toy imported into this state or manufactured	73970
in this state.	73971

(B) Every importer, manufacturer, or wholesaler of stuffed	73972
toys or articles of bedding, and every mobile home and	73973
recreational vehicle dealer, conversion van dealer, secondhand	73974
dealer, and auction house shall retain records, designated by the	73975
superintendent in rule, for the time period established in rule.	73976

(C) Every importer, manufacturer, or wholesaler of stuffed	73977
toys or articles of bedding, and every mobile home and	73978
recreational vehicle dealer, conversion van dealer, secondhand	73979
dealer, and auction house shall make sufficient investigation of	73980
its records to ensure that the information reported to the	73981
superintendent under division (A) of this section is accurate.	73982

Sec. 3713.07. (A) Registration obtained under this chapter	73983
expires annually on the last day of the month in the month that	73984
the registration was obtained. The superintendent of ~~industrial~~	73985
~~compliance~~labor shall renew the registration in accordance with	73986
Chapter 4745. of the Revised Code.	73987

(B) Failure on the part of any registrant to renew	73988
registration prior to its expiration, when notified as required in	73989
this section, shall not deprive the person of the right to renewal	73990
within the ninety days that follow expiration, but the fee to be	73991
paid for renewal after its expiration shall be one hundred dollars	73992
plus the standard registration fee for the registrant.	73993

(C) If a registrant fails to renew registration within ninety	73994
days of the date that it expired, the former registrant shall	73995
comply with the registration requirements under section 3713.05 of	73996
the Revised Code to obtain valid registration.	73997

Sec. 3713.08. (A) All persons required to register under	73998
division (A) of section 3713.02 of the Revised Code manufacturing,	73999
making, or wholesaling bedding or stuffed toys, or both, that are	74000
sold or offered for sale shall have the material content of their	74001
products tested and analyzed at an established laboratory	74002
designated by the superintendent of ~~industrial compliance~~labor	74003
before the bedding or stuffed toys are sold or offered for sale.	74004

(B) Every stuffed toy or item of bedding sold or offered for	74005
sale shall have a label affixed to it that reports the contents of	74006
the stuffed toy or bedding material in conformity with	74007
requirements established by the superintendent, a registration	74008
number, and any other identifying information as required by the	74009
superintendent.	74010

(C) The seller of any secondhand articles of bedding or	74011
stuffed toys shall sanitize all items in accordance with rules	74012
established by the superintendent prior to the sale of or the	74013
offering for sale of any secondhand articles.	74014

(D) This section does not apply to any of the following:

74015

(1) Persons who meet the qualifications of division (C)(2) or	74016
(3) of section 3713.05 of the Revised Code;	74017

(2) The sale of furniture more than fifty years old;

74018

(3) The sale of furniture from the home of the owner directly	74019
to the purchaser.	74020

Sec. 3713.09. (A) The superintendent of ~~industrial compliance~~	74021
labor may appoint inspectors and periodically inspect and	74022
investigate any establishment where bedding or stuffed toys are	74023
manufactured, made, remade, renovated, repaired, sanitized, sold,	74024
or offered for sale, or where previously used material is	74025
processed for use in the manufacture of bedding or stuffed toys.	74026

(1) Each inspector shall make a written report to the	74027
superintendent of each examination and inspection complete with	74028
the inspector's findings and recommendations. Inspectors may place	74029
"off sale" any article of bedding or stuffed toy offered for sale,	74030
or found in the possession of any person with the intent to sell,	74031
in violation of section 3713.02 of the Revised Code. Inspectors	74032
shall perform other duties related to inspection and examination	74033
as prescribed by the superintendent.	74034

(2) When articles are placed "off sale" under division (A)(1)	74035
of this section, they shall be tagged, and the tag shall not be	74036
removed except by an authorized representative of the division of	74037
~~industrial compliance~~labor after the violator demonstrates to the	74038
satisfaction of the superintendent proof of compliance with the	74039
requirements of section 3713.08 of the Revised Code.	74040

(B)(1) When an inspector has cause to believe that any	74041
bedding or stuffed toy is not tagged or labeled in accordance with	74042
section 3713.08 of the Revised Code, the inspector may open any	74043
seam of the bedding or stuffed toy in question to examine the	74044
material used or contained within it and take a reasonable amount	74045
of the material for testing and analysis and, if necessary,	74046
examine any and all purchase records in order to determine the	74047
contents or the kind of material used in the bedding or stuffed	74048
toy in question. An inspector may seize and hold evidence of any	74049
article of bedding, stuffed toy, or material manufactured, made,	74050
possessed, renovated, remade, or repaired, sold, or offered for	74051
sale contrary to this chapter.	74052

(2) Immediately after seizing articles believed to be in	74053
violation of this chapter, the inspector immediately shall report	74054
the seizure to the superintendent. The superintendent shall hold a	74055
hearing in accordance with Chapter 119. of the Revised Code or	74056
make a ruling in the matter. If the superintendent finds that the	74057
article of bedding, stuffed toy, or material is not in violation	74058
of this chapter, the superintendent shall order the item or items	74059
returned to the owner. If the superintendent finds a violation of	74060
this chapter, the superintendent may do either of the following:	74061

(a) Return the articles to the owner for proper treatment,	74062
tagging or labeling, or other action as ordered by the	74063
superintendent, subject to the requirement that the articles be	74064
reinspected at cost to the owner, prior to being sold or offered	74065
for sale;	74066

(b) Report the violation to the appropriate prosecuting	74067
attorney or city law director.	74068

(C) The superintendent, at reasonable times and upon	74069
reasonable notice, may examine or cause to be examined the records	74070
of any importer, manufacturer, or wholesaler of stuffed toys or	74071
articles of bedding, mobile home and recreational vehicle dealer,	74072
conversion van dealer, secondhand dealer, or auction house to	74073
determine compliance with this chapter. The superintendent may	74074
enter into contracts, pursuant to procedures prescribed by the	74075
superintendent, with persons to examine these records to determine	74076
compliance with this chapter. These persons may collect and remit	74077
to the superintendent any amounts due under this chapter.	74078

(D) Records audited pursuant to division (C) of this section	74079
are confidential and shall not be disclosed except as required by	74080
section 149.43 of the Revised Code, or as the superintendent finds	74081
necessary for the proper administration of this chapter.	74082

(E) In the case of any investigation or examination, or both,	74083
that requires investigation or examination outside of this state	74084
of any importer, manufacturer, or wholesaler of stuffed toys or	74085
articles of bedding, or of any mobile home or recreational vehicle	74086
dealer, conversion van dealer, secondhand dealer, or auction	74087
house, the superintendent may require the investigated or examined	74088
person to pay the actual expense of the investigation or	74089
examination. The superintendent shall provide an itemized	74090
statement of actual expenses to the investigated or examined	74091
person.	74092

(F) Whenever the superintendent has reason to believe, from	74093
the superintendent's own information, upon complaint, or	74094
otherwise, that any person has engaged in, is engaging in, or is	74095
about to engage in any practice prohibited by this chapter, or	74096
when the superintendent has reason to believe that it is necessary	74097
for public health and safety, the superintendent may do any of the	74098
following:	74099

(1) Investigate violations of this chapter, and for that	74100
purpose, may subpoena witnesses in connection with the	74101
investigation. The superintendent may make application to the	74102
appropriate court of common pleas for an order enjoining the	74103
violation of this chapter, and upon a showing by the	74104
superintendent that any registrant or person acting in a manner	74105
that requires registration has violated or is about to violate	74106
this chapter, an injunction, restraining order, or other order as	74107
may be appropriate shall be granted by the court.	74108

(2) Compel by subpoena the attendance of witnesses to testify	74109
in relation to any matter over which the superintendent has	74110
jurisdiction and that is the subject of inquiry and investigation	74111
by the superintendent, and require the production of any book,	74112
paper, or document pertaining to the matter. In case any person	74113
fails to file any statement or report, obey any subpoena, give	74114
testimony, or produce any books, records, or papers as required by	74115
a subpoena, the court of common pleas of any county in the state,	74116
upon application made to it by the superintendent, shall compel	74117
obedience by attachment proceedings for contempt.	74118

(3) Suspend or revoke the registration of any importer,	74119
manufacturer, or wholesaler of stuffed toys or articles of	74120
bedding, mobile home or recreational vehicle dealer, conversion	74121
van dealer, secondhand dealer, or auction house;	74122

(4) Submit evidence of the violation or violations to any	74123
city prosecutor, city director of law, or prosecuting attorney	74124
with authority to prosecute. If the city prosecutor, city director	74125
of law, or prosecuting attorney with authority to prosecute fails	74126
to prosecute, the superintendent shall submit the evidence to the	74127
attorney general who may proceed with the prosecution.	74128

Sec. 3713.10. All money collected under this chapter shall	74129
be deposited into the state treasury to the credit of the	74130
~~industrial compliance~~labor operating fund created under section	74131
121.084 of the Revised Code.	74132

Sec. 3714.03. (A) As used in this section:

74133

(1) "Aquifer system" means one or more geologic units or	74134
formations that are wholly or partially saturated with water and	74135
are capable of storing, transmitting, and yielding significant	74136
amounts of water to wells or springs.	74137

(2) "Category 3 wetland" means a wetland that supports	74138
superior habitat or hydrological or recreational functions as	74139
determined by an appropriate wetland evaluation methodology	74140
acceptable to the director of environmental protection. "Category	74141
3 wetland" includes a wetland with high levels of diversity, a	74142
high proportion of native species, and high functional values and	74143
includes, but is not limited to, a wetland that contains or	74144
provides habitat for threatened or endangered species. "Category 3	74145
wetland" may include high quality forested wetlands, including old	74146
growth forested wetlands, mature forested riparian wetlands,	74147
vernal pools, bogs, fens, and wetlands that are scarce regionally.	74148

(3) "Natural area" means either of the following:

74149

(a) An area designated by the director of natural resources	74150
as a wild, scenic, or recreational river under section ~~1517.14~~	74151
1547.81 of the Revised Code;	74152

(b) An area designated by the United States department of the	74153
interior as a national wild, scenic, or recreational river.	74154

(4) "Occupied dwelling" means a residential dwelling and also	74155
includes a place of worship as defined in section 5104.01 of the	74156
Revised Code, a child day-care center as defined in that section,	74157
a hospital as defined in section 3727.01 of the Revised Code, a	74158
nursing home as defined in that section, a school, and a	74159
restaurant or other eating establishment. "Occupied dwelling" does	74160
not include a dwelling owned or controlled by the owner or	74161
operator of a construction and demolition debris facility to which	74162
the siting criteria established under this section are being	74163
applied.	74164

(5) "Residential dwelling" means a building used or intended	74165
to be used in whole or in part as a personal residence by the	74166
owner, part-time owner, or lessee of the building or any person	74167
authorized by the owner, part-time owner, or lessee to use the	74168
building as a personal residence.	74169

(B) Neither the director of environmental protection nor any	74170
board of health shall issue a permit to install under section	74171
3714.051 of the Revised Code to establish a new construction and	74172
demolition debris facility when any portion of the facility is	74173
proposed to be located in either of the following locations:	74174

(1) Within the boundaries of a one-hundred-year flood plain,	74175
as those boundaries are shown on the applicable maps prepared	74176
under the "National Flood Insurance Act of 1968," 82 Stat. 572, 42	74177
U.S.C.A. 4001, as amended, unless the owner or operator has	74178
obtained an exemption from division (B)(1) of this section in	74179
accordance with section 3714.04 of the Revised Code. If no such	74180
maps have been prepared, the boundaries of a one-hundred-year	74181
flood plain shall be determined by the applicant for a permit	74182
based upon standard methodologies set forth in "urban hydrology	74183
for small watersheds" (soil conservation service technical release	74184
number 55) and section 4 of the "national engineering hydrology	74185
handbook" of the soil conservation service of the United States	74186
department of agriculture.	74187

(2) Within the boundaries of a sole source aquifer designated	74188
by the administrator of the United States environmental protection	74189
agency under the "Safe Drinking Water Act," 88 Stat. 1660 (1974),	74190
42 U.S.C.A. 300f, as amended.	74191

(C) Neither the director nor any board shall issue a permit	74192
to install under section 3714.051 of the Revised Code to establish	74193
a new construction and demolition debris facility when the	74194
horizontal limits of construction and demolition debris placement	74195
at the new facility are proposed to be located in any of the	74196
following locations:	74197

(1) Within one hundred feet of a perennial stream as defined	74198
by the United States geological survey seven and one-half minute	74199
quadrangle map or a category 3 wetland;	74200

(2) Within one hundred feet of the facility's property line;

74201

(3)(a) Except as provided in division (C)(3)(b) of this	74202
section, within five hundred feet of a residential or public water	74203
supply well.	74204

(b) Division (C)(3)(a) of this section does not apply to a	74205
residential well under any of the circumstances specified in	74206
divisions (C)(3)(b)(i) to (iii) of this section as follows:	74207

(i) The well is controlled by the owner or operator of the	74208
construction and demolition debris facility.	74209

(ii) The well is hydrologically separated from the horizontal	74210
limits of construction and demolition debris placement.	74211

(iii) The well is at least three hundred feet upgradient from	74212
the horizontal limits of construction and demolition debris	74213
placement and division (D) of this section does not prohibit the	74214
issuance of the permit to install.	74215

(4) Within five hundred feet of a park created or operated	74216
pursuant to section 301.26, 511.18, 755.08, 1545.04, or 1545.041	74217
of the Revised Code, a state park established or dedicated under	74218
Chapter 1541. of the Revised Code, a state park purchase area	74219
established under section 1541.02 of the Revised Code, a national	74220
recreation area, any unit of the national park system, or any	74221
property that lies within the boundaries of a national park or	74222
recreation area, but that has not been acquired or is not	74223
administered by the secretary of the United States department of	74224
the interior, located in this state, or any area located in this	74225
state that is recommended by the secretary for study for potential	74226
inclusion in the national park system in accordance with "The Act	74227
of August 18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended;	74228

(5) Within five hundred feet of a natural area, any area	74229
established by the department of natural resources as a state	74230
wildlife area under Chapter 1531. of the Revised Code and rules	74231
adopted under it, any area that is formally dedicated as a nature	74232
preserve under section 1517.05 of the Revised Code, or any area	74233
designated by the United States department of the interior as a	74234
national wildlife refuge;	74235

(6) Within five hundred feet of a lake or reservoir of one	74236
acre or more that is hydrogeologically connected to ground water.	74237
For purposes of division (C)(6) of this section, a lake or	74238
reservoir does not include a body of water constructed and used	74239
for purposes of surface water drainage or sediment control.	74240

(7) Within five hundred feet of a state forest purchased or	74241
otherwise acquired under Chapter 1503. of the Revised Code;	74242

(8) Within five hundred feet of land that is placed on the	74243
state registry of historic landmarks under section 149.55 of the	74244
Revised Code;	74245

(9) Within five hundred feet of an occupied dwelling unless	74246
written permission is given by the owner of the dwelling.	74247

(D) Neither the director nor any board shall issue a permit	74248
to install under section 3714.051 of the Revised Code to establish	74249
a new construction and demolition debris facility when the limits	74250
of construction and demolition debris placement at the new	74251
facility are proposed to have an isolation distance of less than	74252
five feet from the uppermost aquifer system that consists of	74253
material that has a maximum hydraulic conductivity of 1 x 10-5	74254
cm/sec and all of the geologic material comprising the isolation	74255
distance has a hydraulic conductivity equivalent to or less than 1	74256
x 10-6 cm/sec.	74257

(E) Neither the director nor any board shall issue a permit	74258
to install under section 3714.051 of the Revised Code to establish	74259
a new construction and demolition debris facility when the road	74260
that is designated by the owner or operator as the main hauling	74261
road at the facility to and from the limits of construction and	74262
demolition debris placement is proposed to be located within five	74263
hundred feet of an occupied dwelling unless written permission is	74264
given by the owner of the occupied dwelling.	74265

(F) Neither the director nor any board shall issue a permit	74266
to install under section 3714.051 of the Revised Code to establish	74267
a new construction and demolition debris facility unless the new	74268
facility will have all of the following:	74269

(1) Access roads that shall be constructed in a manner that	74270
allows use in all weather conditions and will withstand the	74271
anticipated degree of use and minimize erosion and generation of	74272
dust;	74273

(2) Surface water drainage and sediment controls that are	74274
required by the director;	74275

(3) If the facility is proposed to be located in an area in	74276
which an applicable zoning resolution allows residential	74277
construction, vegetated earthen berms or an equivalent barrier	74278
with a minimum height of six feet separating the facility from	74279
adjoining property.	74280

(G)(1) The siting criteria established in this section shall	74281
be applied to an application for a permit to install at the time	74282
that the application is submitted to the director or a board of	74283
health, as applicable. Circumstances related to the siting	74284
criteria that change after the application is submitted shall not	74285
be considered in approving or disapproving the application.	74286

(2) The siting criteria established in this section by this	74287
amendment do not apply to an expansion of a construction and	74288
demolition debris facility that was in operation prior to ~~the~~	74289
~~effective date of this amendment~~December 22, 2005, onto property	74290
within the property boundaries identified in the application for	74291
the initial license for that facility or any subsequent license	74292
issued for that facility up to and including the license issued	74293
for that facility for calendar year 2005. The siting criteria	74294
established in this section prior to ~~the effective date of this~~	74295
~~amendment~~December 22, 2005, apply to such an expansion.	74296

Sec. 3714.07. (A)(1) For the purpose of assisting boards of	74297
health and the environmental protection agency in administering	74298
and enforcing this chapter and rules adopted under it, there is	74299
hereby levied on the disposal of construction and demolition	74300
debris at a construction and demolition debris facility that is	74301
licensed under this chapter or at a solid waste facility that is	74302
licensed under Chapter 3734. of the Revised Code a fee of thirty	74303
cents per cubic yard or sixty cents per ton, as applicable.	74304

(2) The owner or operator of a construction and demolition	74305
debris facility or a solid waste facility shall determine if cubic	74306
yards or tons will be used as the unit of measurement. In	74307
estimating the fee based on cubic yards, the owner or operator	74308
shall utilize either the maximum cubic yard capacity of the	74309
container, or the hauling volume of the vehicle, that transports	74310
the construction and demolition debris to the facility or the	74311
cubic yards actually logged for disposal by the owner or operator	74312
in accordance with rules adopted under section 3714.02 of the	74313
Revised Code. If basing the fee on tonnage, the owner or operator	74314
shall use certified scales to determine the tonnage of	74315
construction and demolition debris that is transported to the	74316
facility for disposal.	74317

(3) The owner or operator of a construction and demolition	74318
debris facility or a solid waste facility shall collect the fee	74319
levied under division (A) of this section as a trustee for the	74320
health district having jurisdiction over the facility, if that	74321
district is on the approved list under section 3714.09 of the	74322
Revised Code, or for the state. The owner or operator shall	74323
prepare and file with the appropriate board of health or the	74324
director of environmental protection monthly returns indicating	74325
the total volume or weight, as applicable, of construction and	74326
demolition debris received for disposal at the facility and the	74327
total amount of money required to be collected on the construction	74328
and demolition debris disposed of during that month. Not later	74329
than thirty days after the last day of the month to which the	74330
return applies, the owner or operator shall mail to the board of	74331
health or the director the return for that month together with the	74332
money required to be collected on the construction and demolition	74333
debris disposed of during that month or may submit the return and	74334
money electronically in a manner approved by the director. The	74335
owner or operator may request, in writing, an extension of not	74336
more than thirty days after the last day of the month to which the	74337
return applies. A request for extension may be denied. If the	74338
owner or operator submits the money late, the owner or operator	74339
shall pay a penalty of ten per cent of the amount of the money due	74340
for each month that it is late.	74341

(4) Of the money that is collected from a construction and	74342
demolition debris facility or a solid waste facility on a per	74343
cubic yard or per ton basis under this section, a board of health	74344
shall transmit three cents per cubic yard or six cents per ton, as	74345
applicable, to the director not later than forty-five days after	74346
the receipt of the money. The money retained by a board of health	74347
under this section shall be paid into a special fund, which is	74348
hereby created in each health district, and used solely to	74349
administer and enforce this chapter and rules adopted under it.	74350

The director shall transmit all money received from the	74351
boards of health of health districts under this section and all	74352
money from the disposal fee collected by the director under this	74353
section to the treasurer of state to be credited to the	74354
construction and demolition debris facility oversight fund, which	74355
is hereby created in the state treasury. The fund shall be	74356
administered by the director, and money credited to the fund shall	74357
be used exclusively for the administration and enforcement of this	74358
chapter and rules adopted under it.	74359

(B) The board of health of a health district or the director	74360
may enter into an agreement with the owner or operator of a	74361
construction and demolition debris facility or a solid waste	74362
facility for the quarterly payment of the money collected from the	74363
disposal fee. The board of health shall notify the director of any	74364
such agreement. Not later than forty-five days after receipt of	74365
the quarterly payment, the board of health shall transmit the	74366
amount established in division (A)(4) of this section to the	74367
director. The money retained by the board of health shall be	74368
deposited in the special fund of the district as required under	74369
that division. Upon receipt of the money from a board of health,	74370
the director shall transmit the money to the treasurer of state to	74371
be credited to the construction and demolition debris facility	74372
oversight fund.	74373

(C) If a construction and demolition debris facility or a	74374
solid waste facility is located within the territorial boundaries	74375
of a municipal corporation or the unincorporated area of a	74376
township, the municipal corporation or township may appropriate up	74377
to four cents per cubic yard or up to eight cents per ton of the	74378
disposal fee required to be paid by the facility under division	74379
(A) of this section for the same purposes that a municipal	74380
corporation or township may levy a fee under division (C) of	74381
section 3734.57 of the Revised Code.	74382

The legislative authority of the municipal corporation or	74383
township may appropriate the money from the fee by enacting an	74384
ordinance or adopting a resolution establishing the amount of the	74385
fee to be appropriated. Upon doing so, the legislative authority	74386
shall mail a certified copy of the ordinance or resolution to the	74387
board of health of the health district in which the construction	74388
and demolition debris facility or the solid waste facility is	74389
located or, if the facility is located in a health district that	74390
is not on the approved list under section 3714.09 of the Revised	74391
Code, to the director. Upon receipt of the copy of the ordinance	74392
or resolution and not later than forty-five days after receipt of	74393
money collected from the fee, the board or the director, as	74394
applicable, shall transmit to the treasurer or other appropriate	74395
officer of the municipal corporation or clerk of the township that	74396
portion of the money collected from the disposal fee by the owner	74397
or operator of the facility that is required by the ordinance or	74398
resolution to be paid to that municipal corporation or township.	74399

Money received by the treasurer or other appropriate officer	74400
of a municipal corporation under this division shall be paid into	74401
the general fund of the municipal corporation. Money received by	74402
the clerk of a township under this division shall be paid into the	74403
general fund of the township. The treasurer or other officer of	74404
the municipal corporation or the clerk of the township, as	74405
appropriate, shall maintain separate records of the money received	74406
under this division.	74407

The legislative authority of a municipal corporation or	74408
township may cease collecting money under this division by	74409
repealing the ordinance or resolution that was enacted or adopted	74410
under this division.	74411

The director shall adopt rules in accordance with Chapter	74412
119. of the Revised Code establishing requirements for prorating	74413
the amount of the fee that may be appropriated under this division	74414
by a municipal corporation or township in which only a portion of	74415
a construction and demolition debris facility is located within	74416
the territorial boundaries of the municipal corporation or	74417
township.	74418

(D) The board of county commissioners of a county in which a	74419
construction and demolition debris facility or a solid waste	74420
facility is located may appropriate up to three cents per cubic	74421
yard or up to six cents per ton of the disposal fee required to be	74422
paid by the facility under division (A) of this section for the	74423
same purposes that a solid waste management district may levy a	74424
fee under division (B) of section 3734.57 of the Revised Code.	74425

The board of county commissioners may appropriate the money	74426
from the fee by adopting a resolution establishing the amount of	74427
the fee to be appropriated. Upon doing so, the board of county	74428
commissioners shall mail a certified copy of the resolution to the	74429
board of health of the health district in which the construction	74430
and demolition debris facility or the solid waste facility is	74431
located or, if the facility is located in a health district that	74432
is not on the approved list under section 3714.09 of the Revised	74433
Code, to the director. Upon receipt of the copy of the resolution	74434
and not later than forty-five days after receipt of money	74435
collected from the fee, the board of health or the director, as	74436
applicable, shall transmit to the treasurer of the county that	74437
portion of the money collected from the disposal fee by the owner	74438
or operator of the facility that is required by the resolution to	74439
be paid to that county.	74440

Money received by a county treasurer under this division	74441
shall be paid into the general fund of the county. The county	74442
treasurer shall maintain separate records of the money received	74443
under this division.	74444

A board of county commissioners may cease collecting money	74445
under this division by repealing the resolution that was adopted	74446
under this division.	74447

(E)(1) This section does not apply to the disposal of	74448
construction and demolition debris at a solid waste facility that	74449
is licensed under Chapter 3734. of the Revised Code if there is no	74450
construction and demolition debris facility licensed under this	74451
chapter within thirty-five miles of the solid waste facility as	74452
determined by a facility's property boundaries.	74453

(2) This section does not apply to the disposal of	74454
construction and demolition debris at a solid waste facility that	74455
is licensed under Chapter 3734. of the Revised Code if the owner	74456
or operator of the facility chooses to collect fees on the	74457
disposal of the construction and demolition debris that are	74458
identical to the fees that are collected under Chapters 343. and	74459
3734. of the Revised Code on the disposal of solid wastes at that	74460
facility.	74461

(3) This section does not apply to the disposal of source	74462
separated materials that are exclusively composed of reinforced or	74463
nonreinforced concrete, asphalt, clay tile, building or paving	74464
brick, or building or paving stone at a construction and	74465
demolition debris facility that is licensed under this chapter	74466
when either of the following applies:	74467

(a) The materials are placed within the limits of	74468
construction and demolition debris placement at the facility as	74469
specified in the license issued to the facility under section	74470
3714.06 of the Revised Code, are not placed within the unloading	74471
zone of the facility, and are used as a fire prevention measure in	74472
accordance with rules adopted by the director under section	74473
3714.02 of the Revised Code.	74474

(b) The materials are not placed within the unloading zone of	74475
the facility or within the limits of construction and demolition	74476
debris placement at the facility as specified in the license	74477
issued to the facility under section 3714.06 of the Revised Code,	74478
but are used as fill material, either alone or in conjunction with	74479
clean soil, sand, gravel, or other clean aggregates, in legitimate	74480
fill operations for construction purposes at the facility or to	74481
bring the facility up to a consistent grade.	74482

Sec. 3715.041. (A)(1) As used in this section, "food	74483
processing establishment" has the same meaning as in section	74484
3715.021 of the Revised Code.	74485

(2) A person that operates a food processing establishment	74486
shall register the establishment annually with the director of	74487
agriculture. The person shall submit an application for	74488
registration or renewal on a form prescribed and provided by the	74489
director. Except as provided in division (G) of this section, an	74490
application for registration or renewal shall be accompanied by a	74491
registration fee in an amount established in rules adopted under	74492
this section. If a person files an application for registration on	74493
or after the first day of August of any year, the fee shall be	74494
one-half of the annual registration fee.	74495

(B)(1) The director shall inspect the food processing	74496
establishment for which an application for initial registration	74497
has been submitted. If, upon inspection, the director finds that	74498
the establishment is in compliance with this chapter and Chapter	74499
911., 913., 915., or 925. of the Revised Code, as applicable, or	74500
applicable rules adopted under those chapters, the director	74501
shall issue a certificate of registration to the food processing	74502
establishment. A food processing establishment registration	74503
expires on the thirty-first day of January and is valid until	74504
that date unless it is suspended or revoked under this section.	74505

(2) A person that is operating a food processing	74506
establishment on the effective date of this section shall apply to	74507
the director for a certificate of registration not later than	74508
ninety days after the effective date of this section. If an	74509
application is not filed with the director or postmarked on or	74510
before ninety days after the effective date of this section, the	74511
director shall assess a late fee in an amount established in rules	74512
adopted under this section.	74513

(C)(1) A food processing establishment registration may be	74514
renewed by the director. A person seeking registration renewal	74515
shall submit an application for renewal to the director not later	74516
than the thirty-first day of January. The director shall issue a	74517
renewed certificate of registration on receipt of a complete	74518
renewal application except as provided in division (C)(2) of this	74519
section.	74520

(2) If a renewal application is not filed with the director	74521
or postmarked on or before the thirty-first day of January, the	74522
director shall assess a late fee in an amount established in rules	74523
adopted under this section. The director shall not renew the	74524
registration until the applicant pays the late fee.	74525

(D) A copy of the food processing establishment registration	74526
certificate shall be conspicuously displayed in an area of the	74527
establishment to which customers of the establishment have	74528
access.	74529

(E)(1) The director or the director's designee may issue an	74530
order suspending or revoking a food processing establishment	74531
registration upon determining that the registration holder is in	74532
violation of this chapter or Chapter 911., 913., 915., or 925. of	74533
the Revised Code, as applicable, or applicable rules adopted	74534
under those chapters. Except as provided in division (E)(2) of	74535
this section, a registration shall not be suspended or revoked	74536
until the registration holder is provided an opportunity to	74537
appeal the suspension or revocation in accordance with Chapter	74538
119. of the Revised Code.	74539

(2) If the director determines that a food processing	74540
establishment presents an immediate danger to the public health,	74541
the director may issue an order immediately suspending the	74542
establishment's registration without affording the registration	74543
holder an opportunity for a hearing. The director then shall	74544
afford the registration holder a hearing in accordance with	74545
Chapter 119. of the Revised Code not later than ten days after the	74546
date of suspension.	74547

(F) The director shall adopt rules in accordance with Chapter	74548
119. of the Revised Code that establish all of the following:	74549

(1) The amount of the registration fee that must be submitted	74550
with an application for a food processing establishment	74551
registration and with an application for renewal;	74552

(2) The amount of the late fee that is required in division	74553
(B)(2) of this section;	74554

(3) The amount of the fee for the late renewal of a food	74555
processing establishment registration that is required in division	74556
(C)(2) of this section;	74557

(4) Any other procedures and requirements that are necessary	74558
to administer and enforce this section.	74559

(G) The following are not required to pay any registration	74560
fee that is otherwise required in this section:	74561

(1) Home bakeries registered under section 911.02 of the	74562
Revised Code;	74563

(2) Canneries licensed under section 913.02 of the Revised	74564
Code;	74565

(3) Soft drink plants licensed under section 913.23 of the	74566
Revised Code;	74567

(4) Cold-storage warehouses licensed under section 915.02 of	74568
the Revised Code;	74569

(5) Persons licensed under section 915.15 of the Revised	74570
Code;	74571

(6) Persons that are engaged in egg production and that	74572
maintain annually five hundred or fewer laying hens.	74573

(H) All money that is collected under this section shall be	74574
credited to the food safety fund created in section 915.24 of the	74575
Revised Code.	74576

Sec. 3715.87. (A) As used in this section and in sections	74577
3715.871, 3715.872, and 3715.873 of the Revised Code:	74578

(1) "Controlled substance" has the same meaning as in section	74579
3719.01 of the Revised Code.	74580

(2) "Health care facility" has the same meaning as in section	74581
1337.11 of the Revised Code.	74582

~~(2)~~(3) "Hospital" has the same meaning as in section 3727.01	74583
of the Revised Code.	74584

~~(3)~~(4) "Nonprofit clinic" means a charitable nonprofit	74585
corporation organized and operated pursuant to Chapter 1702. of	74586
the Revised Code, or any charitable organization not organized and	74587
not operated for profit, that provides health care services to	74588
indigent and uninsured persons as defined in section 2305.234 of	74589
the Revised Code. "Nonprofit clinic" does not include a hospital	74590
as defined in section 3727.01 of the Revised Code, a facility	74591
licensed under Chapter 3721. of the Revised Code, or a facility	74592
that is operated for profit.	74593

~~(4)~~(5) "Prescription drug" means any drug to which the	74594
following applies:	74595

(a) Under the "Food, Drug, and Cosmetic Act," 52 Stat. 1040	74596
(1938), 21 U.S.C.A. 301, as amended, the drug is required to bear	74597
a label containing the legend, "Caution: Federal law prohibits	74598
dispensing without prescription" or "Caution: Federal law	74599
restricts this drug to use by or on the order of a licensed	74600
veterinarian" or any similar restrictive statement, or the drug	74601
may be dispensed only upon a prescription.	74602

(b) Under Chapter 3715. or 3719. of the Revised Code, the	74603
drug may be dispensed only upon a prescription.	74604

(B) The state board of pharmacy shall establish a drug	74605
repository program to accept and dispense prescription drugs	74606
donated or given for the purpose of being dispensed to individuals	74607
who are residents of this state and meet eligibility standards	74608
established in rules adopted by the board under section 3715.873	74609
of the Revised Code. ~~Only~~Except as provided in division (C) of	74610
this section, all of the following conditions shall apply to the	74611
program:	74612

(1) Only drugs in their original sealed and tamper-evident	74613
unit dose packaging may be accepted and dispensed~~. The~~;	74614

(2) The packaging must be unopened, except that drugs	74615
packaged in single unit doses may be accepted and dispensed when	74616
the outside packaging is opened if the single unit dose packaging	74617
is undisturbed~~. Drugs~~;	74618

(3) Drugs donated by individuals bearing an expiration date	74619
that is less than six months from the date the drug is donated	74620
shall not be accepted or dispensed~~. A~~;	74621

(4) A drug shall not be accepted or dispensed if there is	74622
reason to believe that it is adulterated as described in section	74623
3715.63 of the Revised Code. ~~Subject~~	74624

(C) Orally administered cancer drugs that are not controlled	74625
substances and that do not require refrigeration, freezing, or	74626
storage at a special temperature may be accepted and dispensed	74627
even if not in original sealed and tamper-evident unit dose	74628
packaging, subject to rules adopted by the board pursuant to	74629
section 3715.873 of the Revised Code.	74630

(D) Subject to the limitations specified in ~~this division~~	74631
divisions (B) and (C) of this section, unused drugs dispensed for	74632
purposes of the medicaid program may be accepted and dispensed	74633
under the drug repository program.	74634

Sec. 3715.871. (A) Any person, including a pharmacy, drug	74635
manufacturer, or health care facility, or any government entity	74636
may donate or give prescription drugs to the drug repository	74637
program. The drugs must be donated or given at a pharmacy,	74638
hospital, or nonprofit clinic that elects to participate in the	74639
drug repository program and meets criteria for participation in	74640
the program established in rules adopted by the state board of	74641
pharmacy under section 3715.873 of the Revised Code. Participation	74642
in the program by pharmacies, hospitals, and nonprofit clinics is	74643
voluntary. Nothing in this or any other section of the Revised	74644
Code requires a pharmacy, hospital, or nonprofit clinic to	74645
participate in the program.	74646

(B) A pharmacy, hospital, or nonprofit clinic eligible to	74647
participate in the program shall dispense drugs donated or given	74648
under this section to individuals who are residents of this state	74649
and meet the eligibility standards established in rules adopted by	74650
the board under section 3715.873 of the Revised Code or to other	74651
government entities and nonprofit private entities to be dispensed	74652
to individuals who meet the eligibility standards. A drug may be	74653
dispensed only pursuant to a prescription issued by a licensed	74654
health professional authorized to prescribe drugs, as defined in	74655
section 4729.01 of the Revised Code. A pharmacy, hospital, or	74656
nonprofit clinic that accepts donated or given drugs shall comply	74657
with all applicable federal laws and laws of this state dealing	74658
with storage and distribution of dangerous drugs and shall, in	74659
accordance with rules adopted pursuant to section 3715.873 of the	74660
Revised Code, inspect all drugs prior to dispensing them to	74661
determine that they are not adulterated. The pharmacy, hospital,	74662
or nonprofit clinic may charge individuals receiving donated or	74663
given drugs a handling fee established in accordance with rules	74664
adopted by the board under section 3715.873 of the Revised Code.	74665
Drugs donated or given to the repository may not be resold.	74666

Sec. 3715.873. In consultation with the director of health,	74667
the state board of pharmacy shall adopt rules governing the drug	74668
repository program that establish all of the following:	74669

(A) Eligibility criteria for pharmacies, hospitals, and	74670
nonprofit clinics to receive and dispense drugs donated or given	74671
under the program;	74672

(B) Standards and procedures for accepting, safely storing,	74673
and dispensing drugs donated or given;	74674

(C) ~~Standards~~With respect to drugs that are donated or	74675
given, other than orally administered cancer drugs described in	74676
division (C) of section 3715.87 of the Revised Code that are not	74677
in original sealed and tamper-evident unit dose packaging,	74678
standards and procedures for inspecting the drugs ~~donated or~~	74679
~~given~~ to determine that the original unit dose packaging is sealed	74680
and tamper-evident and that the drugs are unadulterated, safe, and	74681
suitable for dispensing;	74682

(D) With respect to orally administered cancer drugs	74683
described in division (C) of section 3715.87 of the Revised Code	74684
that are not in original sealed and tamper-evident unit dose	74685
packaging, standards and procedures to determine based on a basic	74686
visual inspection that the drugs appear to be unadulterated, safe,	74687
and suitable for dispensing;	74688

(E) Eligibility standards based on economic need for	74689
individuals to receive drugs;	74690

~~(E)~~(F) A means, such as an identification card, by which an	74691
individual who is eligible to receive drugs under the program may	74692
demonstrate eligibility to the pharmacy, hospital, or nonprofit	74693
clinic dispensing the drugs;	74694

~~(F)~~(G) A form that an individual receiving a drug under the	74695
program must sign before receiving the drug to confirm that the	74696
individual understands the immunity provisions of the program;	74697

~~(G)~~(H) A formula to determine the amount of a handling fee	74698
that pharmacies, hospitals, and nonprofit clinics may charge to	74699
drug recipients to cover restocking and dispensing costs;	74700

~~(H)~~(I) In addition, for drugs donated or given to the program	74701
by individuals:	74702

(1) A list of drugs, arranged either by category or by	74703
individual drug, that the program will accept from individuals;.	74704
The list shall include orally administered cancer drugs that are	74705
described in division (C) of section 3715.87 of the Revised Code.	74706

(2) A list of drugs, arranged either by category or by	74707
individual drug, that the program will not accept from	74708
individuals. The list shall not include orally administered cancer	74709
drugs that are described in division (C) of section 3715.87 of the	74710
Revised Code. The list must include a statement as to why the drug	74711
is ineligible to be donated or given.	74712

(3) A form each donor must sign stating that the donor is the	74713
owner of the drugs and intends to voluntarily donate them to the	74714
program.	74715

~~(I)~~(J) In addition, for drugs donated to the program by	74716
health care facilities:	74717

(1) A list of drugs, arranged either by category or by	74718
individual drug, that the program will accept from health care	74719
facilities;. The list shall include orally administered cancer	74720
drugs that are described in division (C) of section 3715.87 of the	74721
Revised Code.	74722

(2) A list of drugs, arranged either by category or by	74723
individual drug, that the program will not accept from health care	74724
facilities. The list shall not include orally administered cancer	74725
drugs that are described in division (C) of section 3715.87 of the	74726
Revised Code. The list must include a statement as to why the drug	74727
is ineligible to be donated or given.	74728

~~(J)~~(K) Any other standards and procedures the board considers	74729
appropriate.	74730

The rules shall be adopted in accordance with Chapter 119. of	74731
the Revised Code.	74732

Sec. 3717.07. (A) For purposes of establishing a licensing	74733
fee under sections 3717.25 and 3717.45 of the Revised Code, the	74734
director of agriculture and the public health council shall adopt	74735
rules establishing a uniform ~~methodologies~~methodology for use in	74736
calculating the costs of licensing retail food establishments in	74737
the categories specified by the director and a uniform methodology	74738
for use in calculating the costs of licensing food service	74739
operations in the categories specified by the council. In adopting	74740
the rules, the director of agriculture and the public health	74741
council shall consider any recommendations received from advisory	74742
boards or other entities representing the interests of retail food	74743
establishments and food service operations.	74744

(B) The rules shall include provisions that do all of the	74745
following:	74746

(1) Provide for calculations to be made according to fiscal	74747
years rather than licensing periods;	74748

(2) Limit the direct costs that may be attributed to the use	74749
of sanitarians by establishing appropriate statewide averages that	74750
may not be exceeded;	74751

(3) Limit the indirect costs that may be included in the	74752
calculation of fees to an amount that does not exceed thirty per	74753
cent of the cost of the licensing program;	74754

(4) Provide for a proportionate reduction in the fees to be	74755
charged if a licensor included anticipated costs in the	74756
immediately preceding calculation of licensing fees and the total	74757
amount of the anticipated costs was not incurred;	74758

(5) Provide for a proportionate reduction in the fees to be	74759
charged if it is discovered through an audit by the auditor of	74760
state or through any other means that the licensor has charged or	74761
is charging a licensing fee that exceeds the amount that should	74762
have been charged;	74763

(6) Provide for a twenty per cent reduction in the fees to be	74764
charged when the reduction is imposed as a penalty under division	74765
(C) of section 3717.071 of the Revised Code;	74766

(7) With regard to any fees charged for licensing vending	74767
machine locations, the rules shall prohibit a licensor from	74768
increasing fees by a percentage of increase over the previous	74769
year's fee that exceeds the percentage of increase in the consumer	74770
price index for all urban consumers (United States city average,	74771
all items), prepared by the United States department of labor,	74772
bureau of labor statistics, for the immediately preceding calendar	74773
year.	74774

Sec. 3717.23. (A) Each person or government entity seeking a	74775
retail food establishment license or the renewal of a license	74776
shall apply to the appropriate licensor on a form provided by the	74777
licensor. A licensor shall use a form prescribed and furnished to	74778
the licensor by the director of agriculture or a form prescribed	74779
by the licensor that has been approved by the director. The	74780
applicant shall include with the application all information	74781
necessary for the licensor to process the application, as	74782
requested by the licensor.	74783

An application for a retail food establishment license, other	74784
than an application for a mobile retail food establishment	74785
license, shall be submitted to the licensor for the health	74786
district in which the retail food establishment is located. An	74787
application for a mobile retail food establishment license shall	74788
be submitted to the licensor for the health district in which the	74789
applicant's business headquarters are located, or, if the	74790
headquarters are located outside this state, to the licensor for	74791
the district where the applicant will first operate in this state.	74792

(B) The licensor shall review all applications received. The	74793
licensor shall issue a license for a new retail food establishment	74794
when the applicant submits a complete application and the licensor	74795
determines that the applicant meets all other requirements of this	74796
chapter and the rules adopted under it for receiving the license.	74797
The licensor shall issue a renewed license on receipt of a	74798
complete renewal application.	74799

The licensor shall issue licenses for retail food	74800
establishments on forms prescribed and furnished by the director	74801
of agriculture. If the license is for a mobile retail food	74802
establishment, the licensor shall post the establishment's layout,	74803
equipment, and items to be sold on the back of the license.	74804

A mobile retail food establishment license issued by one	74805
licensor shall be recognized by all other licensors in this state.	74806

(C)(1) A retail food establishment license expires at the end	74807
of the licensing period for which the license is issued, except as	74808
follows:	74809

(a) A license issued to a new retail food establishment after	74810
the first day of December does not expire until the end of the	74811
licensing period next succeeding issuance of the license.	74812

(b) A temporary retail food establishment license expires at	74813
the end of the period for which it is issued.	74814

(2) All retail food establishment licenses remain valid until	74815
scheduled to expire unless earlier suspended or revoked under	74816
section 3717.29 or 3717.30 of the Revised Code.	74817

(D) A retail food establishment license may be renewed,	74818
except that a temporary retail food establishment license is not	74819
renewable. A person or government entity seeking license renewal	74820
shall submit an application for renewal to the licensor not later	74821
than the first day of March, except in the case of a mobile or	74822
seasonal retail food establishment, when the renewal application	74823
shall be submitted before commencing operation in a new licensing	74824
period. A licensor may renew a license prior to the first day of	74825
March or the first day of operation in a new licensing period, but	74826
not before the first day of February immediately preceding the	74827
licensing period for which the license is being renewed.	74828

If a person or government entity does not file a renewal	74829
application with the licensor postmarked on or before the first	74830
day of March or, in the case of a mobile or seasonal retail food	74831
establishment, the first day of operation in a new licensing	74832
period, the licensor shall assess a penalty if the licensor	74833
charges a license renewal fee. The amount of the penalty shall be	74834
~~the lesser of fifty dollars or~~ twenty-five per cent of the fee	74835
charged for renewing the license~~, if the licensor charges renewal~~	74836
~~fees~~. If an applicant is subject to a penalty, the licensor shall	74837
not renew the license until the applicant pays the penalty.	74838

(E)(1) A licensor may issue not more than ten temporary	74839
retail food establishment licenses per licensing period to the	74840
same person or government entity to operate at different events	74841
within the licensor's jurisdiction. For each particular event, a	74842
licensor may issue only one temporary retail food establishment	74843
license to the same person or government entity.	74844

(2) A licensor may issue a temporary retail food	74845
establishment license to operate for more than five consecutive	74846
days if both of the following apply:	74847

(a) The establishment will be operated at an event organized	74848
by a county agricultural society or independent agricultural	74849
society organized under Chapter 1711. of the Revised Code.	74850

(b) The person who will receive the license is a resident of	74851
the county or one of the counties for which the agricultural	74852
society was organized.	74853

(3) A person may be granted only one temporary retail food	74854
establishment license per licensing period pursuant to division	74855
(E)(2) of this section.	74856

(F) The licensor may place restrictions or conditions on a	74857
retail food establishment license, based on the equipment or	74858
facilities of the establishment, limiting the types of food that	74859
may be stored, processed, prepared, manufactured, or otherwise	74860
held or handled for retail sale. Limitations pertaining to a	74861
mobile retail food establishment shall be posted on the back of	74862
the license.	74863

(G) The person or government entity holding a license for a	74864
retail food establishment shall display the license for that	74865
retail food establishment at all times at the licensed location.	74866

(H) With the assistance of the department of agriculture, the	74867
licensor, to the extent practicable, shall computerize the process	74868
for licensing retail food establishments.	74869

Sec. 3717.25. (A) A licensor may charge fees for issuing and	74870
renewing retail food establishment licenses. Any licensing fee	74871
charged shall be used solely for the administration and	74872
enforcement of the provisions of this chapter and the rules	74873
adopted under it applicable to retail food establishments.	74874

Any licensing fee charged under this section shall be based	74875
on the licensor's costs of regulating retail food establishments,	74876
as determined according to the uniform methodologies established	74877
under section 3717.07 of the Revised Code. If the licensor is a	74878
board of health, a fee may be disapproved by the district advisory	74879
council in the case of a general health district or the	74880
legislative authority of the city in the case of a city health	74881
district. A disapproved fee shall not be charged by the board of	74882
health.	74883

~~At least thirty days prior to establishing~~Except when a	74884
licensing fee is established as an emergency measure, the licensor	74885
shall hold a public hearing regarding the proposed fee. At least	74886
~~thirty~~twenty days prior to ~~the~~holding a public hearing, the	74887
licensor shall give written notice of the hearing to each person	74888
or government entity holding a retail food establishment license	74889
that may be affected by the proposed fee. The notice shall be	74890
mailed to the last known address of the licensee and shall specify	74891
the date, time, and place of the hearing and the amount of the	74892
proposed fee. On request, the licensor shall provide the completed	74893
uniform methodology used in the calculation of the licensor's	74894
costs and the proposed fee.	74895

(B) In addition to licensing fees, a licensor may charge fees	74896
for any of the following:	74897

(1) Review of facility layout and equipment specifications	74898
pertaining to retail food establishments, other than mobile and	74899
temporary retail food establishments;	74900

(2) Any necessary collection and bacteriological examination	74901
of samples from retail food establishments or similar services	74902
specified in rules adopted under this chapter by the director of	74903
agriculture;	74904

(3) Attendance at a course of study offered by the licensor	74905
in food protection as it pertains to retail food establishments,	74906
if the course is approved under section 3717.09 of the Revised	74907
Code.	74908

(C)(1) The director may determine by rule an amount to be	74909
collected from applicants for retail food establishment licenses	74910
for use by the director in administering and enforcing the	74911
provisions of this chapter and the rules adopted under it	74912
applicable to retail food establishments. Licensors shall collect	74913
the amount prior to issuing an applicant's new or renewed license.	74914
If a licensing fee is charged under this section, the licensor	74915
shall collect the amount at the same time the fee is collected.	74916
Licensors are not required to provide notice or hold public	74917
hearings regarding amounts to be collected ~~under this division~~.	74918

~~Not later than sixty days after the last day of the month in~~	74919
~~which a license is issued, the~~(2) A licensor shall certify the	74920
amount collected under ~~this~~ division (C)(1) of this section and	74921
transmit the amount to the treasurer of state~~. All~~according to	74922
the following schedule:	74923

(a) For amounts received by the licensor on or after the	74924
first day of January but not later than the thirty-first day of	74925
March, transmit the amounts not later than the fifteenth day of	74926
May;	74927

(b) For amounts received by the licensor on or after the	74928
first day of April but not later than the thirtieth day of June,	74929
transmit the amounts not later than the fifteenth day of August;	74930

(c) For amounts received by the licensor on or after the	74931
first day of July but not later than the thirtieth day of	74932
September, transmit the amounts not later than the fifteenth day	74933
of November;	74934

(d) For amounts received by the licensor on or after the	74935
first day of October but not later than the thirty-first day of	74936
December, transmit the amounts not later than the fifteenth day of	74937
February of the following year.	74938

(3) All amounts received under division (C)(2) of this	74939
section shall be deposited into the food safety fund created in	74940
section 915.24 of the Revised Code. The director shall use the	74941
amounts solely for the administration and enforcement of the	74942
provisions of this chapter and the rules adopted under it	74943
applicable to retail food establishments.	74944

(4) When adopting rules regarding the amounts collected under	74945
~~this~~ division (C)(1) of this section, the director shall make	74946
available during the rule making process the current and projected	74947
expenses of administering and enforcing the provisions of this	74948
chapter and the rules adopted under it applicable to retail food	74949
establishments and the total of all amounts that have been	74950
deposited in the food safety fund pursuant to ~~this~~ division (C)(3)	74951
of this section.	74952

Sec. 3717.43. (A) Each person or government entity	74953
requesting a food service operation license or the renewal of a	74954
license shall apply to the appropriate licensor on a form provided	74955
by the licensor. Licensors shall use a form prescribed and	74956
furnished to the licensor by the director of health or a form	74957
prescribed by the licensor that has been approved by the director.	74958
The applicant shall include with the application all information	74959
necessary for the licensor to process the application, as	74960
requested by the licensor.	74961

An application for a food service operation license, other	74962
than an application for a mobile or catering food service	74963
operation license, shall be submitted to the licensor for the	74964
health district in which the food service operation is located. An	74965
application for a mobile food service operation license shall be	74966
submitted to the licensor for the health district in which the	74967
applicant's business headquarters are located, or, if the	74968
headquarters are located outside this state, to the licensor for	74969
the district where the applicant will first operate in this state.	74970
An application for a catering food service operation license shall	74971
be submitted to the licensor for the district where the	74972
applicant's base of operation is located.	74973

(B) The licensor shall review all applications received. The	74974
licensor shall issue a license for a new food service operation	74975
when the applicant submits a complete application and the licensor	74976
determines that the applicant meets all other requirements of this	74977
chapter and the rules adopted under it for receiving the license.	74978
The licensor shall issue a renewed license on receipt of a	74979
complete renewal application.	74980

The licensor shall issue licenses for food service operations	74981
on forms prescribed and furnished by the director of health. If	74982
the license is for a mobile food service operation, the licensor	74983
shall post the operation's layout, equipment, and menu on the back	74984
of the license.	74985

A mobile or catering food service operation license issued by	74986
one licensor shall be recognized by all other licensors in this	74987
state.	74988

(C)(1) A food service operation license expires at the end of	74989
the licensing period for which the license is issued, except as	74990
follows:	74991

(a) A license issued to a new food service operation after	74992
the first day of December shall not expire until the end of the	74993
licensing period next succeeding issuance of the license.	74994

(b) A temporary food service operation license expires at the	74995
end of the period for which it is issued.	74996

(2) All food service operation licenses remain valid until	74997
they are scheduled to expire unless earlier suspended or revoked	74998
under section 3717.49 of the Revised Code.	74999

(D) A food service operation license may be renewed, except	75000
that a temporary food service operation license is not renewable.	75001
A person or government entity seeking license renewal shall submit	75002
an application for renewal to the licensor not later than the	75003
first day of March, except that in the case of a mobile or	75004
seasonal food service operation the renewal application shall be	75005
submitted before commencing operation in a new licensing period. A	75006
licensor may renew a license prior to the first day of March or	75007
the first day of operation in a new licensing period, but not	75008
before the first day of February immediately preceding the	75009
licensing period for which the license is being renewed.	75010

If a renewal application is not filed with the licensor or	75011
postmarked on or before the first day of March or, in the case of	75012
a mobile or seasonal food service operation, the first day of	75013
operation in a new licensing period, the licensor shall assess a	75014
penalty if the licensor charges a license renewal fee. The amount	75015
of the penalty shall be ~~the lesser of fifty dollars or~~ twenty-five	75016
per cent of the renewal fee ~~charged for renewing licenses~~, ~~if the~~	75017
~~licensor charges renewal fees~~. If an applicant is subject to a	75018
penalty, the licensor shall not renew the license until the	75019
applicant pays the penalty.	75020

(E)(1) A licensor may issue not more than ten temporary food	75021
service operation licenses per licensing period to the same person	75022
or government entity to operate at different events within the	75023
licensor's jurisdiction. For each particular event, a licensor may	75024
issue only one temporary food service operation license to the	75025
same person or government entity.	75026

(2) A licensor may issue a temporary food service operation	75027
license to operate for more than five consecutive days if both of	75028
the following apply:	75029

(a) The operation will be operated at an event organized by a	75030
county agricultural society or independent agricultural society	75031
organized under Chapter 1711. of the Revised Code;	75032

(b) The person who will receive the license is a resident of	75033
the county or one of the counties for which the agricultural	75034
society was organized.	75035

(3) A person may be granted only one temporary food service	75036
operation license per licensing period pursuant to division (E)(2)	75037
of this section.	75038

(F) The licensor may place restrictions or conditions on a	75039
food service operation license limiting the types of food that may	75040
be prepared or served by the food service operation based on the	75041
equipment or facilities of the food service operation. Limitations	75042
pertaining to a mobile or catering food service operation shall be	75043
posted on the back of the license.	75044

(G) The person or government entity holding a license for a	75045
food service operation shall display the license for that food	75046
service operation at all times at the licensed location. A person	75047
or government entity holding a catering food service operation	75048
license shall also maintain a copy of the license at each catered	75049
event.	75050

(H) With the assistance of the department of health, the	75051
licensor, to the extent practicable, shall computerize the process	75052
for licensing food service operations.	75053

Sec. 3717.45. (A) A licensor may charge fees for issuing and	75054
renewing food service operation licenses. Any licensing fee	75055
charged shall be used solely for the administration and	75056
enforcement of the provisions of this chapter and the rules	75057
adopted under it applicable to food service operations.	75058

Any licensing fee charged under this section shall be based	75059
on the licensor's costs of regulating food service operations, as	75060
determined according to the uniform ~~methodologies~~methodology	75061
established under section 3717.07 of the Revised Code. If the	75062
licensor is a board of health, a fee may be disapproved by the	75063
district advisory council in the case of a general health district	75064
or the legislative authority of the city in the case of a city	75065
health district. A disapproved fee shall not be charged by the	75066
board of health.	75067

~~At least thirty days prior to establishing~~Except when a	75068
licensing fee is established as an emergency measure, the licensor	75069
shall hold a public hearing regarding the proposed fee. At least	75070
~~thirty~~twenty days prior to ~~the~~holding a public hearing, the	75071
licensor shall give written notice of the hearing to each person	75072
or government entity holding a food service operation license	75073
that may be affected by the proposed fee. The notice shall be	75074
mailed to the last known address of the licensee and shall	75075
specify the date, time, and place of the hearing and the amount	75076
of the proposed fee. On request, the licensor shall provide the	75077
completed uniform methodology used in the calculation of the	75078
licensor's costs and the proposed fee.	75079

(B) In addition to licensing fees, a licensor may charge fees	75080
for the following:	75081

(1) Review of facility layout and equipment specifications	75082
pertaining to food service operations, other than mobile and	75083
temporary food service operations, or similar reviews conducted	75084
for vending machine locations;	75085

(2) Any necessary collection and bacteriological examination	75086
of samples from food service operations, or similar services	75087
specified in rules adopted under this chapter by the public health	75088
council;	75089

(3) Attendance at a course of study offered by the licensor	75090
in food protection as it pertains to food service operations, if	75091
the course is approved under section 3717.09 of the Revised Code.	75092

(C)(1) The public health council may determine by rule an	75093
amount to be collected from applicants for food service operation	75094
licenses for use by the director of health in administering and	75095
enforcing the provisions of this chapter and the rules adopted	75096
under it applicable to food service operations. Licensors shall	75097
collect the amount prior to issuing an applicant's new or renewed	75098
license. If a licensing fee is charged under this section, the	75099
licensor shall collect the amount at the same time the fee is	75100
collected. Licensors are not required to provide notice or hold	75101
public hearings regarding amounts to be collected ~~under this~~	75102
~~division~~.	75103

~~Not later than sixty days after the last day of the month in~~	75104
~~which a license is issued, the~~	75105

(2) A licensor shall certify the amount collected under ~~this~~	75106
division (C)(1) of this section and transmit the amount to the	75107
treasurer of state~~. All~~according to the following schedule:	75108

(a) For amounts received by the licensor on or after the	75109
first day of January but not later than the thirty-first day of	75110
March, transmit the amounts not later than the fifteenth day of	75111
May;	75112

(b) For amounts received by the licensor on or after the	75113
first day of April but not later than the thirtieth day of June,	75114
transmit the amounts not later than the fifteenth day of August;	75115

(c) For amounts received by the licensor on or after the	75116
first day of July but not later than the thirtieth day of	75117
September, transmit the amounts not later than the fifteenth day	75118
of November;	75119

(d) For amounts received by the licensor on or after the	75120
first day of October but not later than the thirty-first day of	75121
December, transmit the amounts not later than the fifteenth day of	75122
February of the following year.	75123

(3) All amounts received under division (C)(2) of this	75124
section shall be deposited into the general operations fund	75125
created in section 3701.83 of the Revised Code. The director	75126
shall use the amounts solely for the administration and	75127
enforcement of the provisions of this chapter and the rules	75128
adopted under it applicable to food service operations.	75129

(4) The director may submit recommendations to the public	75130
health council regarding the amounts collected under ~~this~~ division	75131
(C)(1) of this section. When making recommendations, the director	75132
shall submit a report stating the current and projected expenses	75133
of administering and enforcing the provisions of this chapter and	75134
the rules adopted under it applicable to food service operations	75135
and the total of all amounts that have been deposited in the	75136
general operations fund pursuant to ~~this~~ division (C)(3) of this	75137
section. The director may include in the report any	75138
recommendations for modifying the department's administration and	75139
enforcement of the provisions of this chapter and the rules	75140
adopted under it applicable to food service operations.	75141

Sec. 3718.03. (A) There is hereby created the sewage	75142
treatment system technical advisory committee consisting of the	75143
director of health or the director's designee and ten members who	75144
are knowledgeable about sewage treatment systems and technologies.	75145
Of the ten members, four shall be appointed by the governor,	75146
three shall be appointed by the president of the senate, and	75147
three shall be appointed by the speaker of the house of	75148
representatives.	75149

(1) Of the members appointed by the governor, one shall	75150
represent academia, one shall be a representative of the public	75151
who is not employed by the state or any of its political	75152
subdivisions and who does not have a pecuniary interest in	75153
household sewage treatment systems, one shall be an engineer from	75154
the environmental protection agency, and one shall be selected	75155
from among soil scientists in the division of soil and water	75156
~~conservation~~resources in the department of natural resources.	75157

(2) Of the members appointed by the president of the senate,	75158
one shall be a health commissioner who is a member of and	75159
recommended by the association of Ohio health commissioners, one	75160
shall represent the interests of manufacturers of household sewage	75161
treatment systems, and one shall represent installers and service	75162
providers.	75163

(3) Of the members appointed by the speaker of the house of	75164
representatives, one shall be a health commissioner who is a	75165
member of and recommended by the association of Ohio health	75166
commissioners, one shall represent the interests of manufacturers	75167
of household sewage treatment systems, and one shall be a	75168
sanitarian who is registered under Chapter 4736. of the Revised	75169
Code and who is a member of the Ohio environmental health	75170
association.	75171

(B) Terms of members appointed to the committee shall be for	75172
three years, with each term ending on the same day of the same	75173
month as did the term that it succeeds. Each member shall serve	75174
from the date of appointment until the end of the term for which	75175
the member was appointed.	75176

Members may be reappointed. Vacancies shall be filled in the	75177
same manner as provided for original appointments. Any member	75178
appointed to fill a vacancy occurring prior to the expiration date	75179
of the term for which the member was appointed shall hold office	75180
for the remainder of that term. A member shall continue to serve	75181
after the expiration date of the member's term until the member's	75182
successor is appointed or until a period of sixty days has	75183
elapsed, whichever occurs first. The applicable appointing	75184
authority may remove a member from the committee for failure to	75185
attend two consecutive meetings without showing good cause for	75186
the absences.	75187

(C) The technical advisory committee annually shall select	75188
from among its members a chairperson and a vice-chairperson and a	75189
secretary to keep a record of its proceedings. A majority vote of	75190
the members of the full committee is necessary to take action on	75191
any matter. The committee may adopt bylaws governing its	75192
operation, including bylaws that establish the frequency of	75193
meetings.	75194

(D) Serving as a member of the sewage treatment system	75195
technical advisory committee does not constitute holding a public	75196
office or position of employment under the laws of this state and	75197
does not constitute grounds for removal of public officers or	75198
employees from their offices or positions of employment. Members	75199
of the committee shall serve without compensation for attending	75200
committee meetings.	75201

(E) A member of the committee shall not have a conflict of	75202
interest with the position. For the purposes of this division,	75203
"conflict of interest" means the taking of any action that	75204
violates any provision of Chapter 102. or 2921. of the Revised	75205
Code.	75206

(F) The sewage treatment system technical advisory committee	75207
shall do all of the following:	75208

(1) Develop with the department of health standards and	75209
guidelines for approving or disapproving a sewage treatment	75210
system or components of a system under section 3718.04 of the	75211
Revised Code;	75212

(2) Develop with the department an application form to be	75213
submitted to the director by an applicant for approval or	75214
disapproval of a sewage treatment system or components of a system	75215
and specify the information that must be included with an	75216
application form;	75217

(3) Advise the director on the approval or disapproval of an	75218
application sent to the director under section 3718.04 of the	75219
Revised Code requesting approval of a sewage treatment system or	75220
components of a system;	75221

(4) Pursue and recruit in an active manner the research,	75222
development, introduction, and timely approval of innovative and	75223
cost-effective household sewage treatment systems and components	75224
of a system for use in this state, which shall include conducting	75225
pilot projects to assess the effectiveness of a system or	75226
components of a system;	75227

(5) By January 1, 2008, provide the household sewage and	75228
small flow on-site sewage treatment system study commission	75229
created by Am. Sub. H.B. 119 of the 127th general assembly with a	75230
list of available alternative systems and the estimated cost of	75231
each system.	75232

(G) The chairperson of the committee shall prepare and	75233
submit an annual report concerning the activities of the	75234
committee to the general assembly not later than ninety days after	75235
the end of the calendar year. The report shall discuss the number	75236
of applications submitted under section 3718.04 of the Revised	75237
Code for the approval of a new sewage treatment system or a	75238
component of a system, the number of such systems and components	75239
that were approved, any information that the committee considers	75240
beneficial to the general assembly, and any other information that	75241
the chairperson determines is beneficial to the general assembly.	75242
If other members of the committee determine that certain	75243
information should be included in the report, they shall submit	75244
the information to the chairperson not later than thirty days	75245
after the end of the calendar year.	75246

(H) The department shall provide meeting space for the	75247
committee. The committee shall be assisted in its duties by the	75248
staff of the department.	75249

(I) Sections 101.82 to 101.87 of the Revised Code do not	75250
apply to the sewage treatment system technical advisory committee.	75251

Sec. 3718.06. (A)(1) A board of health shall establish fees	75252
in accordance with section 3709.09 of the Revised Code for the	75253
purpose of carrying out its duties under this chapter and rules	75254
adopted under it, including a fee for an installation permit	75255
issued by the board. All fees so established and collected by the	75256
board shall be deposited in a special fund of the district to be	75257
used exclusively by the board in carrying out those duties.	75258

(2) In accordance with Chapter 119. of the Revised Code, the	75259
public health council may establish by rule a fee to be collected	75260
from applicants for installation permits issued under rules	75261
adopted under this chapter. The director of health shall use the	75262
proceeds from that fee for administering and enforcing this	75263
chapter and the rules adopted under it by the council. A board of	75264
health shall collect and transmit the fee ~~at the same time that it~~	75265
~~collects the fee established by it under division (A)(1) of this~~	75266
~~section for installation permits~~.	75267

~~Not later than sixty days after the last day of the month in~~	75268
~~which an installation permit is issued, a board shall certify the~~	75269
~~amount collected under division (A)(2) of this section and~~	75270
~~transmit the amount to the treasurer of state. All money so~~	75271
~~received shall be deposited in the state treasury to the credit of~~	75272
~~the general operations fund created in section 3701.83 of the~~	75273
~~Revised Code~~to the director pursuant to section 3709.092 of the	75274
Revised Code. The director shall use the money so credited solely	75275
for the administration and enforcement of this chapter and the	75276
rules adopted under it by the public health council.	75277

(B) The director may submit recommendations to the council	75278
regarding the amount of the fee collected under division (A)(2) of	75279
this section for installation permits. When making the	75280
recommendations, the director shall submit a report stating the	75281
current and projected expenses of administering and enforcing this	75282
chapter and the rules adopted under it by the council and the	75283
total of all money that has been deposited to the credit of the	75284
general operations fund under division (A)(2) of this section. The	75285
director may include in the report any recommendations for	75286
modifying the requirements established under this chapter and the	75287
rules adopted under it by the council.	75288

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	75289
3721.99 of the Revised Code:	75290

(1)(a) "Home" means an institution, residence, or facility	75291
that provides, for a period of more than twenty-four hours,	75292
whether for a consideration or not, accommodations to three or	75293
more unrelated individuals who are dependent upon the services of	75294
others, including a nursing home, residential care facility, home	75295
for the aging, and a veterans' home operated under Chapter 5907.	75296
of the Revised Code.	75297

(b) "Home" also means both of the following:

75298

(i) Any facility that a person, as defined in section 3702.51	75299
of the Revised Code, proposes for certification as a skilled	75300
nursing facility or nursing facility under Title XVIII or XIX of	75301
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	75302
as amended, and for which a certificate of need, other than a	75303
certificate to recategorize hospital beds as described in section	75304
3702.522 of the Revised Code or division (R)(7)(d) of the version	75305
of section 3702.51 of the Revised Code in effect immediately prior	75306
to April 20, 1995, has been granted to the person under sections	75307
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	75308

(ii) A county home or district home that is or has been	75309
licensed as a residential care facility.	75310

75311

(i) Except as provided in division (A)(1)(b) of this section,	75312
a public hospital or hospital as defined in section 3701.01 or	75313
5122.01 of the Revised Code;	75314

(ii) A residential facility for mentally ill persons as	75315
defined under section 5119.22 of the Revised Code;	75316

(iii) A residential facility as defined in section 5123.19 of	75317
the Revised Code;	75318

(iv) ~~A community alternative home as defined in section~~	75319
~~3724.01 of the Revised Code;~~	75320

~~(v)~~ An adult care facility as defined in section 3722.01 of	75321
the Revised Code;	75322

~~(vi)~~(v) An alcohol or drug addiction program as defined in	75323
section 3793.01 of the Revised Code;	75324

~~(vii)~~(vi) A facility licensed to provide methadone treatment	75325
under section 3793.11 of the Revised Code;	75326

~~(viii)~~(vii) A facility providing services under contract with	75327
the department of mental retardation and developmental	75328
disabilities under section 5123.18 of the Revised Code;	75329

~~(ix)~~(viii) A facility operated by a hospice care program	75330
licensed under section 3712.04 of the Revised Code that is used	75331
exclusively for care of hospice patients;	75332

~~(x)~~(ix) A facility, infirmary, or other entity that is	75333
operated by a religious order, provides care exclusively to	75334
members of religious orders who take vows of celibacy and live by	75335
virtue of their vows within the orders as if related, and does not	75336
participate in the medicare program established under Title XVIII	75337
of the "Social Security Act" or the medical assistance program	75338
established under Chapter 5111. of the Revised Code and Title XIX	75339
of the "Social Security Act," if on January 1, 1994, the facility,	75340
infirmary, or entity was providing care exclusively to members of	75341
the religious order;	75342

~~(xi)~~(x) A county home or district home that has never been	75343
licensed as a residential care facility.	75344

(2) "Unrelated individual" means one who is not related to	75345
the owner or operator of a home or to the spouse of the owner or	75346
operator as a parent, grandparent, child, grandchild, brother,	75347
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	75348
uncle.	75349

(3) "Mental impairment" does not mean mental illness as	75350
defined in section 5122.01 of the Revised Code or mental	75351
retardation as defined in section 5123.01 of the Revised Code.	75352

(4) "Skilled nursing care" means procedures that require	75353
technical skills and knowledge beyond those the untrained person	75354
possesses and that are commonly employed in providing for the	75355
physical, mental, and emotional needs of the ill or otherwise	75356
incapacitated. "Skilled nursing care" includes, but is not limited	75357
to, the following:	75358

(a) Irrigations, catheterizations, application of dressings,	75359
and supervision of special diets;	75360

(b) Objective observation of changes in the patient's	75361
condition as a means of analyzing and determining the nursing care	75362
required and the need for further medical diagnosis and treatment;	75363

75364

(d) Administration of medication by any method ordered by a	75365
physician, such as hypodermically, rectally, or orally, including	75366
observation of the patient after receipt of the medication;	75367

(e) Carrying out other treatments prescribed by the physician	75368
that involve a similar level of complexity and skill in	75369
administration.	75370

(5)(a) "Personal care services" means services including, but	75371
not limited to, the following:	75372

(i) Assisting residents with activities of daily living;

75373

(ii) Assisting residents with self-administration of	75374
medication, in accordance with rules adopted under section 3721.04	75375
of the Revised Code;	75376

(iii) Preparing special diets, other than complex therapeutic	75377
diets, for residents pursuant to the instructions of a physician	75378
or a licensed dietitian, in accordance with rules adopted under	75379
section 3721.04 of the Revised Code.	75380

(b) "Personal care services" does not include "skilled	75381
nursing care" as defined in division (A)(4) of this section. A	75382
facility need not provide more than one of the services listed in	75383
division (A)(5)(a) of this section to be considered to be	75384
providing personal care services.	75385

(6) "Nursing home" means a home used for the reception and	75386
care of individuals who by reason of illness or physical or mental	75387
impairment require skilled nursing care and of individuals who	75388
require personal care services but not skilled nursing care. A	75389
nursing home is licensed to provide personal care services and	75390
skilled nursing care.	75391

(7) "Residential care facility" means a home that provides	75392
either of the following:	75393

(a) Accommodations for seventeen or more unrelated	75394
individuals and supervision and personal care services for three	75395
or more of those individuals who are dependent on the services of	75396
others by reason of age or physical or mental impairment;	75397

(b) Accommodations for three or more unrelated individuals,	75398
supervision and personal care services for at least three of those	75399
individuals who are dependent on the services of others by reason	75400
of age or physical or mental impairment, and, to at least one of	75401
those individuals, any of the skilled nursing care authorized by	75402
section 3721.011 of the Revised Code.	75403

(8) "Home for the aging" means a home that provides services	75404
as a residential care facility and a nursing home, except that the	75405
home provides its services only to individuals who are dependent	75406
on the services of others by reason of both age and physical or	75407
mental impairment.	75408

The part or unit of a home for the aging that provides	75409
services only as a residential care facility is licensed as a	75410
residential care facility. The part or unit that may provide	75411
skilled nursing care beyond the extent authorized by section	75412
3721.011 of the Revised Code is licensed as a nursing home.	75413

(9) "County home" and "district home" mean a county home or	75414
district home operated under Chapter 5155. of the Revised Code.	75415

(B) The public health council may further classify homes. For	75416
the purposes of this chapter, any residence, institution, hotel,	75417
congregate housing project, or similar facility that meets the	75418
definition of a home under this section is such a home regardless	75419
of how the facility holds itself out to the public.	75420

(C) For purposes of this chapter, personal care services or	75421
skilled nursing care shall be considered to be provided by a	75422
facility if they are provided by a person employed by or	75423
associated with the facility or by another person pursuant to an	75424
agreement to which neither the resident who receives the services	75425
nor the resident's sponsor is a party.	75426

(D) Nothing in division (A)(4) of this section shall be	75427
construed to permit skilled nursing care to be imposed on an	75428
individual who does not require skilled nursing care.	75429

Nothing in division (A)(5) of this section shall be construed	75430
to permit personal care services to be imposed on an individual	75431
who is capable of performing the activity in question without	75432
assistance.	75433

(E) Division (A)(1)(c)~~(x)~~(ix) of this section does not	75434
prohibit a facility, infirmary, or other entity described in that	75435
division from seeking licensure under sections 3721.01 to 3721.09	75436
of the Revised Code or certification under Title XVIII or XIX of	75437
the "Social Security Act." However, such a facility, infirmary, or	75438
entity that applies for licensure or certification must meet the	75439
requirements of those sections or titles and the rules adopted	75440
under them and obtain a certificate of need from the director of	75441
health under section 3702.52 of the Revised Code.	75442

(F) Nothing in this chapter, or rules adopted pursuant to it,	75443
shall be construed as authorizing the supervision, regulation, or	75444
control of the spiritual care or treatment of residents or	75445
patients in any home who rely upon treatment by prayer or	75446
spiritual means in accordance with the creed or tenets of any	75447
recognized church or religious denomination.	75448

Sec. 3721.02. (A) The director of health shall license homes	75449
and establish procedures to be followed in inspecting and	75450
licensing homes. The director may inspect a home at any time. Each	75451
home shall be inspected by the director at least once prior to the	75452
issuance of a license and at least once every fifteen months	75453
thereafter. The state fire marshal or a township, municipal, or	75454
other legally constituted fire department approved by the marshal	75455
shall also inspect a home prior to issuance of a license, at least	75456
once every fifteen months thereafter, and at any other time	75457
requested by the director. A home does not have to be inspected	75458
prior to issuance of a license by the director, state fire	75459
marshal, or a fire department if ownership of the home is assigned	75460
or transferred to a different person and the home was licensed	75461
under this chapter immediately prior to the assignment or	75462
transfer. The director may enter at any time, for the purposes of	75463
investigation, any institution, residence, facility, or other	75464
structure that has been reported to the director or that the	75465
director has reasonable cause to believe is operating as a nursing	75466
home, residential care facility, or home for the aging without a	75467
valid license required by section 3721.05 of the Revised Code or,	75468
in the case of a county home or district home, is operating	75469
despite the revocation of its residential care facility license.	75470
The director may delegate the director's authority and duties	75471
under this chapter to any division, bureau, agency, or official of	75472
the department of health.	75473

(B) A single facility may be licensed both as a nursing home	75474
pursuant to this chapter and as an adult care facility pursuant to	75475
Chapter 3722. of the Revised Code if the director determines that	75476
the part or unit to be licensed as a nursing home can be	75477
maintained separate and discrete from the part or unit to be	75478
licensed as an adult care facility.	75479

(C) In determining the number of residents in a home for the	75480
purpose of licensing, the director shall consider all the	75481
individuals for whom the home provides accommodations as one group	75482
unless one of the following is the case:	75483

(1) The home is a home for the aging, in which case all the	75484
individuals in the part or unit licensed as a nursing home shall	75485
be considered as one group, and all the individuals in the part or	75486
unit licensed as a rest home shall be considered as another group.	75487

(2) The home is both a nursing home and an adult care	75488
facility. In that case, all the individuals in the part or unit	75489
licensed as a nursing home shall be considered as one group, and	75490
all the individuals in the part or unit licensed as an adult care	75491
facility shall be considered as another group.	75492

(3) The home maintains, in addition to a nursing home or	75493
residential care facility, a separate and discrete part or unit	75494
that provides accommodations to individuals who do not require or	75495
receive skilled nursing care and do not receive personal care	75496
services from the home, in which case the individuals in the	75497
separate and discrete part or unit shall not be considered in	75498
determining the number of residents in the home if the separate	75499
and discrete part or unit is in compliance with the Ohio basic	75500
building code established by the board of building standards under	75501
Chapters 3781. and 3791. of the Revised Code and the home permits	75502
the director, on request, to inspect the separate and discrete	75503
part or unit and speak with the individuals residing there, if	75504
they consent, to determine whether the separate and discrete part	75505
or unit meets the requirements of this division.	75506

(D)(1) The director of health shall charge anthe following	75507
application fee and an annual renewal licensing and inspection fee	75508
~~of one hundred seventy dollars~~ for each fifty persons or part	75509
thereof of a home's licensed capacity:	75510

(a) For state fiscal year 2010, two hundred twenty dollars;

75511

(b) For state fiscal year 2011, two hundred seventy dollars;

75512

(c) For each state fiscal year thereafter, three hundred	75513
twenty dollars. ~~All~~	75514

(2) All fees collected by the director for the issuance or	75515
renewal of licenses shall be deposited into the state treasury to	75516
the credit of the general operations fund created in section	75517
3701.83 of the Revised Code for use only in administering and	75518
enforcing this chapter and rules adopted under it.	75519

(E)(1) Except as otherwise provided in this section, the	75520
results of an inspection or investigation of a home that is	75521
conducted under this section, including any statement of	75522
deficiencies and all findings and deficiencies cited in the	75523
statement on the basis of the inspection or investigation, shall	75524
be used solely to determine the home's compliance with this	75525
chapter or another chapter of the Revised Code in any action or	75526
proceeding other than an action commenced under division (I) of	75527
section 3721.17 of the Revised Code. Those results of an	75528
inspection or investigation, that statement of deficiencies, and	75529
the findings and deficiencies cited in that statement shall not be	75530
used in any court or in any action or proceeding that is pending	75531
in any court and are not admissible in evidence in any action or	75532
proceeding unless that action or proceeding is an appeal of an	75533
action by the department of health under this chapter or is an	75534
action by any department or agency of the state to enforce this	75535
chapter or another chapter of the Revised Code.	75536

(2) Nothing in division (E)(1) of this section prohibits the	75537
results of an inspection or investigation conducted under this	75538
section from being used in a criminal investigation or	75539
prosecution.	75540

Sec. 3721.071. The buildings in which a home is housed shall	75541
be equipped with both an automatic fire extinguishing system and	75542
fire alarm system. Such systems shall conform to standards set	75543
forth in the regulations of the board of building standards and	75544
the state fire marshal.	75545

The time for compliance with the requirements imposed by this	75546
section shall be January 1, 1975, except that the date for	75547
compliance with the automatic fire extinguishing requirements is	75548
extended to January 1, 1976, provided the buildings of the home	75549
are otherwise in compliance with fire safety laws and regulations	75550
and:	75551

(A) The home within thirty days after August 4, 1975, files a	75552
written plan with the state fire marshal's office that:	75553

(1) Outlines the interim safety procedures which shall be	75554
carried out to reduce the possibility of a fire;	75555

(2) Provides evidence that the home has entered into an	75556
agreement for a fire safety inspection to be conducted not less	75557
than monthly by a qualified independent safety engineer consultant	75558
or a township, municipal, or other legally constituted fire	75559
department, or by a township or municipal fire prevention officer;	75560

(3) Provides verification that the home has entered into a	75561
valid contract for the installation of an automatic fire	75562
extinguishing system or fire alarm system, or both, as required to	75563
comply with this section;	75564

(4) Includes a statement regarding the expected date for the	75565
completion of the fire extinguishing system or fire alarm system,	75566
or both.	75567

(B) Inspections by a qualified independent safety engineer	75568
consultant or a township, municipal, or other legally constituted	75569
fire department, or by a township or municipal fire prevention	75570
officer are initiated no later than sixty days after August 4,	75571
1975, and are conducted no less than monthly thereafter, and	75572
reports of the consultant, fire department, or fire prevention	75573
officer identifying existing hazards and recommended corrective	75574
actions are submitted to the state fire marshal, the division of	75575
~~industrial compliance~~labor in the department of commerce, and the	75576
department of health.	75577

It is the express intent of the general assembly that the	75578
department of job and family services shall terminate payments	75579
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	75580
42 U.S.C. 301, as amended, to those homes which do not comply with	75581
the requirements of this section for the submission of a written	75582
fire safety plan and the deadline for entering into contracts for	75583
the installation of systems.	75584

Sec. 3721.23. (A) The director of health shall receive,	75585
review, and investigate allegations of abuse or neglect of a	75586
resident or misappropriation of the property of a resident by any	75587
individual used by a long-term care facility or residential care	75588
facility to provide services to residents.	75589

(B) The director shall make findings regarding alleged abuse,	75590
neglect, or misappropriation of property after doing both of the	75591
following:	75592

(1) Investigating the allegation and determining that there	75593
is a reasonable basis for it;	75594

(2) Giving notice to the individual named in the allegation	75595
and affording the individual a reasonable opportunity for a	75596
hearing.	75597

Notice to the person named in an allegation shall be given	75598
and the hearing shall be conducted pursuant to rules adopted by	75599
the director under section 3721.26 of the Revised Code. For	75600
purposes of conducting a hearing under this section, the director	75601
may issue subpoenas compelling attendance of witnesses or	75602
production of documents. The subpoenas shall be served in the same	75603
manner as subpoenas and subpoenas duces tecum issued for a trial	75604
of a civil action in a court of common pleas. If a person who	75605
is served a subpoena fails to attend a hearing or to produce	75606
documents, or refuses to be sworn or to answer any questions,	75607
the director may apply to the common pleas court of the county	75608
in which the person resides, or the county in which the	75609
long-term care facility or residential care facility is	75610
located, for a contempt order, as in the case of a failure of a	75611
person who is served a subpoena issued by the court to attend	75612
or to produce documents or a refusal of such person to testify.	75613

(C)(1) If the director finds that an individual used by a	75614
long-term care facility or residential care facility has neglected	75615
or abused a resident or misappropriated property of a resident,	75616
the director shall notify the individual, the facility using the	75617
individual, and the attorney general, county prosecutor, or other	75618
appropriate law enforcement official. The director also shall do	75619
the following:	75620

(a) If the individual is used by a long-term care facility as	75621
a nurse aide, the director shall, in accordance with section	75622
3721.32 of the Revised Code, include in the nurse aide registry	75623
established under that section a statement detailing the findings	75624
pertaining to the individual.	75625

(b) If the individual is a licensed health professional used	75626
by a long-term care facility or residential care facility to	75627
provide services to residents, the director shall notify the	75628
appropriate professional licensing authority established under	75629
Title XLVII of the Revised Code.	75630

(c) If the individual is used by a long-term care facility	75631
and is neither a nurse aide nor a licensed health professional, or	75632
is used by a residential care facility and is not a licensed	75633
health professional, the director shall, in accordance with	75634
section 3721.32 of the Revised Code, include in the nurse aide	75635
registry a statement detailing the findings pertaining to the	75636
individual.	75637

(2) A nurse aide or other individual about whom a statement	75638
is required by this division to be included in the nurse aide	75639
registry may provide the director with a statement disputing the	75640
director's findings and explaining the circumstances of the	75641
allegation. The statement shall be included in the nurse aide	75642
registry with the director's findings.	75643

(D)(1) If the director finds that alleged neglect or abuse of	75644
a resident or misappropriation of property of a resident cannot be	75645
substantiated, the director shall notify the individual and	75646
expunge all files and records of the investigation and the hearing	75647
by doing all of the following:	75648

(a) Removing and destroying the files and records, originals	75649
and copies, and deleting all index references;	75650

(b) Reporting to the individual the nature and extent of any	75651
information about the individual transmitted to any other person	75652
or government entity by the director of health;	75653

(c) Otherwise ensuring that any examination of files and	75654
records in question show no record whatever with respect to the	75655
individual.	75656

(2)(a) If, in accordance with division (C)(1)(a) or (c) of	75657
this section, the director includes in the nurse aide registry a	75658
statement of a finding of neglect, the individual found to have	75659
neglected a resident may, not earlier than one year after the date	75660
of the finding, petition the director to rescind the finding and	75661
remove the statement and any accompanying information from the	75662
nurse aide registry. The director shall consider the petition. If,	75663
in the judgment of the director, the neglect was a singular	75664
occurrence and the employment and personal history of the	75665
individual does not evidence abuse or any other incident of	75666
neglect of residents, the director shall notify the individual and	75667
remove the statement and any accompanying information from the	75668
nurse aide registry. The director shall expunge all files and	75669
records of the investigation and the hearing, except the petition	75670
for rescission of the finding of neglect and the director's notice	75671
that the rescission has been approved.	75672

(b) A petition for rescission of a finding of neglect and the	75673
director's notice that the rescission has been approved are not	75674
public records for the purposes of section 149.43 of the Revised	75675
Code.	75676

(3) When files and records have been expunged under division	75677
(D)(1) or (2) of this section, all rights and privileges are	75678
restored, and the individual, the director, and any other person	75679
or government entity may properly reply to an inquiry that no such	75680
record exists as to the matter expunged.	75681

Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the	75682
Revised Code:	75683

(A) "Franchise permit fee rate" means the amount determined	75684
as follows:	75685

(1) Determine the difference between the following:

75686

(a) The total net patient revenue, less medicaid per diem	75687
payments, of all nursing homes and hospital long-term care units	75688
as shown on cost reports filed under section 5111.26 of the	75689
Revised Code for the calendar year immediately preceding the	75690
fiscal year for which the franchise permit fee is assessed under	75691
section 3721.51 of the Revised Code;	75692

(b) The total net patient revenue, less medicaid per diem	75693
payments, of all nursing homes and hospital long-term care units	75694
as shown on cost reports filed under section 5111.26 of the	75695
Revised Code for the calendar year immediately preceding the	75696
calendar year that immediately precedes the fiscal year for which	75697
the franchise permit fee is assessed under section 3721.51 of the	75698
Revised Code.	75699

(2) Multiply the amount determined under division (A)(1) of	75700
this section by five and five-tenths per cent;	75701

(3) Divide the amount determined under division (A)(2) of	75702
this section by the total number of days in the fiscal year for	75703
which the franchise permit fee is assessed under section 3721.51	75704
of the Revised Code;	75705

(4) Subtract eleven dollars and ninety-five cents from the	75706
amount determined under division (A)(3) of this section;	75707

(5) Add eleven dollars and ninety-five cents to the amount	75708
determined under division (A)(4) of this section.	75709

(B) "Hospital" has the same meaning as in section 3727.01 of	75710
the Revised Code.	75711

~~(B)~~(C) "Hospital long-term care unit" means any distinct part	75712
of a hospital in which any of the following beds are located:	75713

(1) Beds registered pursuant to section 3701.07 of the	75714
Revised Code as skilled nursing facility beds or long-term care	75715
beds;	75716

(2) Beds licensed as nursing home beds under section 3721.02	75717
or 3721.09 of the Revised Code.	75718

(D) "Inpatient days" means all days during which a resident	75719
of a nursing facility, regardless of payment source, occupies a	75720
bed in the nursing facility that is included in the facility's	75721
certified capacity under Title XIX. Therapeutic or hospital leave	75722
days for which payment is made under section 5111.26 of the	75723
Revised Code are considered inpatient days proportionate to the	75724
percentage of the facility's per resident per day rate paid for	75725
those days.	75726

~~(C)~~(E) "Medicaid" has the same meaning as in section 5111.01	75727
of the Revised Code.	75728

~~(D)~~(F) "Medicaid day" means all days during which a resident	75729
who is a medicaid recipient occupies a bed in a nursing facility	75730
that is included in the facility's certified capacity under Title	75731
XIX. Therapeutic or hospital leave days for which payment is made	75732
under section 5111.26 of the Revised Code are considered medicaid	75733
days proportionate to the percentage of the nursing facility's	75734
per resident per day rate for those days.	75735

~~(E)~~(G) "Medicare" means the program established by Title	75736
XVIII.	75737

(H) "Nursing facility" has the same meaning as in section	75738
5111.20 of the Revised Code.	75739

~~(F)~~(I)(1) "Nursing home" means all of the following:

75740

(a) A nursing home licensed under section 3721.02 or 3721.09	75741
of the Revised Code, including any part of a home for the aging	75742
licensed as a nursing home;	75743

(b) A facility or part of a facility, other than a hospital,	75744
that is certified as a skilled nursing facility under Title XVIII;	75745

(c) A nursing facility, other than a portion of a hospital	75746
certified as a nursing facility.	75747

(2) "Nursing home" does not include any of the following:

75748

(a) A county home, county nursing home, or district home	75749
operated pursuant to Chapter 5155. of the Revised Code;	75750

(b) A nursing home maintained and operated by the Ohio	75751
veterans' home agency under section 5907.01 of the Revised Code;	75752

(c) A nursing home or part of a nursing home licensed under	75753
section 3721.02 or 3721.09 of the Revised Code that is certified	75754
as an intermediate care facility for the mentally retarded under	75755
Title XIX.	75756

~~(G)~~(J) "Title XIX" means Title XIX of the "Social Security	75757
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	75758

~~(H)~~(K) "Title XVIII" means Title XVIII of the "Social	75759
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	75760

Sec. 3721.51. The department of job and family services	75761
shall do all of the following:	75762

(A) Subject to ~~division~~sections 3721.512 and 3721.513 of the	75763
Revised Code and divisions (C) and (D) of this section and for the	75764
purposes specified in sections 3721.56 and 3721.561 of the	75765
Revised Code, determine an annual franchise permit fee on each	75766
nursing home in an amount equal to ~~six dollars and twenty-five~~	75767
~~cents,~~the franchise permit fee rate multiplied by the product	75768
of the following:	75769

(1) The number of beds licensed as nursing home beds, plus	75770
any other beds certified as skilled nursing facility beds under	75771
Title XVIII or nursing facility beds under Title XIX on the first	75772
day of May of the calendar year in which the fee is determined	75773
pursuant to division (A) of section 3721.53 of the Revised Code;	75774

(2) The number of days in the fiscal year beginning on the	75775
first day of July of the calendar year in which the fee is	75776
determined pursuant to division (A) of section 3721.53 of the	75777
Revised Code.	75778

(B) Subject to ~~division~~sections 3721.512 and 3721.513 of the	75779
Revised Code and divisions (C) and (D) of this section and for the	75780
purposes specified in sections 3721.56 and 3721.561 of the	75781
Revised Code, determine an annual franchise permit fee on each	75782
hospital in an amount equal to ~~six dollars and twenty-five~~	75783
~~cents,~~the franchise permit fee rate multiplied by the product	75784
of the following:	75785

(1) The number of beds registered pursuant to section 3701.07	75786
of the Revised Code as skilled nursing facility beds or long-term	75787
care beds, plus any other beds licensed as nursing home beds under	75788
section 3721.02 or 3721.09 of the Revised Code, on the first day	75789
of May of the calendar year in which the fee is determined	75790
pursuant to division (A) of section 3721.53 of the Revised Code;	75791

(2) The number of days in the fiscal year beginning on the	75792
first day of July of the calendar year in which the fee is	75793
determined pursuant to division (A) of section 3721.53 of the	75794
Revised Code.	75795

(C) If the total amount of the franchise permit fee assessed	75796
under divisions (A) and (B) of this section for a fiscal year	75797
exceeds five and one-half per cent of the actual net patient	75798
revenue for all nursing homes and hospital long-term care units	75799
for that fiscal year, do both of the following:	75800

(1) Recalculate the assessments under divisions (A) and (B)	75801
of this section using a per bed per day rate equal to five and	75802
one-half per cent of actual net patient revenue for all nursing	75803
homes and hospital long-term care units for that fiscal year;	75804

(2) Refund the difference between the amount of the franchise	75805
permit fee assessed for that fiscal year under divisions (A) and	75806
(B) of this section and the amount recalculated under division	75807
(C)(1) of this section as a credit against the assessments imposed	75808
under divisions (A) and (B) of this section for the subsequent	75809
fiscal year.	75810

(D) If the United States centers for medicare and medicaid	75811
services determines that the franchise permit fee established by	75812
sections 3721.50 to 3721.58 of the Revised Code is an	75813
impermissible health care related tax under section 1903(w) of the	75814
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	75815
amended, take all necessary actions to cease implementation of	75816
sections 3721.50 to 3721.58 of the Revised Code in accordance with	75817
rules adopted under section 3721.58 of the Revised Code.	75818

Sec. 3721.511. (A) Not later than four months after the	75819
effective date of this section, the department of job and family	75820
services shall apply to the United States secretary of health and	75821
human services for a waiver under 42 U.S.C. 1396b(w)(3)(E) as	75822
necessary to do both of the following regarding the franchise	75823
permit fee imposed by section 3721.51 of the Revised Code:	75824

(1) Reduce the franchise permit fee to zero dollars for each	75825
nursing home licensed under section 3721.02 or 3721.09 of the	75826
Revised Code to which either of the following applies:	75827

(a) The nursing home:

75828

(i) Is exempt from state taxation under section 140.08 of	75829
the Revised Code or is exempt from state taxation as a home for	75830
the aged as defined in section 5701.13 of the Revised Code;	75831

(ii) Is exempt from federal income taxation under section	75832
501 of the Internal Revenue Code of 1986;	75833

(iii) Does not participate in medicaid or medicare; and

75834

(iv) Provides services for the life of each resident without	75835
regard to the resident's ability to secure payment for the	75836
services.	75837

(b) The nursing home:

75838

(i) Has had a written affiliation agreement with a university	75839
in this state for education and research related to Alzheimer's	75840
disease for each of the twenty years preceding the effective date	75841
of this section and has such an agreement on the effective date of	75842
this section;	75843

(ii) Was constructed pursuant to a certificate of need	75844
granted under Section 3 of Am. Sub. S.B. 256 of the 116th General	75845
Assembly; and	75846

(iii) Does not participate in medicaid or medicare.

75847

(2) For each nursing facility with more than two hundred beds	75848
certified as nursing facility beds under Title XIX, reduce the	75849
franchise permit fee for a number of the nursing facility's beds	75850
specified by the department to the amount necessary to obtain	75851
approval of the waiver sought under this section.	75852

(B) The effective date of the waiver sought under this	75853
section shall be the first day of the calendar quarter beginning	75854
after the United States secretary approves the waiver.	75855

Sec. 3721.512. If the United States secretary of health and	75856
human services approves the waiver sought under section 3721.511	75857
of the Revised Code, the department of job and family services	75858
shall, for each nursing home and hospital that qualifies for a	75859
reduction of its franchise permit fee under the waiver, reduce the	75860
franchise permit fee in accordance with the terms of the waiver.	75861
For purposes of the first fiscal year during which the waiver	75862
takes effect, the department shall determine the amount of the	75863
reduction not later than the effective date of the waiver and	75864
shall mail to each nursing home and hospital qualifying for the	75865
reduction notice of the reduction not later than the last day of	75866
the first month of the calendar quarter that begins after the	75867
United States secretary approves the waiver. For purposes of	75868
subsequent fiscal years, the department shall make such	75869
determinations and mail such notices in accordance with section	75870
3721.53 of the Revised Code.	75871

Sec. 3721.513. (A) If the United States secretary of health	75872
and human services approves the waiver sought under section	75873
3721.511 of the Revised Code, the department of job and family	75874
services may do both of the following regarding the franchise	75875
permit fee imposed by section 3721.51 of the Revised Code:	75876

(1) Determine how much money the franchise permit fee would	75877
have raised in a fiscal year if not for the waiver;	75878

(2) For each nursing home and hospital subject to the	75879
franchise permit fee, other than a nursing home or hospital that	75880
has its franchise permit fee reduced under section 3721.512 of the	75881
Revised Code, uniformly increase the amount of the franchise	75882
permit fee for a fiscal year to an amount that will have the	75883
franchise permit fee raise an amount of money that does not exceed	75884
the amount determined under division (A)(1) of this section for	75885
that fiscal year.	75886

(B) If the department increases the franchise permit fee in	75887
accordance with division (A) of this section for the first fiscal	75888
year during which the waiver takes effect, the department shall	75889
determine the amount of the increase not later than the effective	75890
date of the waiver and shall mail to each nursing home and	75891
hospital subject to the increase notice of the increase not later	75892
than the last day of the first month of the calendar quarter that	75893
begins after the United States secretary approves the waiver. If	75894
the department increases the franchise permit fee in accordance	75895
with division (A) of this section for a subsequent fiscal year,	75896
the department shall make such determinations and mail such	75897
notices in accordance with section 3721.53 of the Revised Code.	75898

Sec. 3721.53. (A) Not later than the fifteenth day of ~~August~~	75899
September of each year, the department of job and family services	75900
shall determine the annual franchise permit fee for each nursing	75901
home and hospital in accordance with ~~division (A) of~~ section	75902
3721.51 of the Revised Code and ~~the annual franchise permit fee~~	75903
~~for each hospital~~any adjustments made in accordance with	75904
~~division (B) of that section~~sections 3721.512 and 3721.513 of	75905
the Revised Code.	75906

(B) Not later than the first day of ~~September~~October of each	75907
year, the department shall mail to each nursing home and hospital	75908
notice of the amount of the franchise permit fee that has been	75909
determined for the nursing home or hospital.	75910

(C) Each nursing home and hospital shall pay its fee under	75911
section 3721.51 of the Revised Code, as adjusted in accordance	75912
with sections 3721.512 and 3721.513 of the Revised Code, to the	75913
department in ~~quarterly~~four installment payments not later than	75914
forty-five days after the last day of each ~~September~~October,	75915
December, March, and June.	75916

(D) No nursing home or hospital shall directly bill its	75917
residents for the fee paid under this section, or otherwise	75918
directly pass the fee through to its residents.	75919

Sec. 3721.55. (A) A nursing home or hospital may appeal the	75920
fee imposed under section 3721.51 of the Revised Code, as adjusted	75921
under section 3721.512 or 3721.513 of the Revised Code, solely on	75922
the grounds that the department of job and family services	75923
committed a material error in determining the amount of the fee. A	75924
request for an appeal must be received by the department not later	75925
than fifteen days after the date the department mails the notice	75926
of the fee and must include written materials setting forth the	75927
basis for the appeal.	75928

(B) If a nursing home or hospital submits a request for an	75929
appeal within the time required under division (A) of this	75930
section, the department of job and family services shall hold a	75931
public hearing in Columbus not later than thirty days after the	75932
date the department receives the request for an appeal. The	75933
department shall, not later than ten days before the date of the	75934
hearing, mail a notice of the date, time, and place of the hearing	75935
to the nursing home or hospital. The department may hear all the	75936
requested appeals in one public hearing.	75937

(C) On the basis of the evidence presented at the hearing or	75938
any other evidence submitted by the nursing home or hospital, the	75939
department may adjust a fee. The department's decision is final.	75940

Sec. 3721.56. (A) There is hereby created in the state	75941
treasury the home- and community-based services for the aged	75942
fund. ~~Sixteen per cent~~The percentage specified under division (B)	75943
of this section of all payments and penalties paid by nursing	75944
homes and hospitals under sections 3721.53 and 3721.54 of the	75945
Revised Code shall be deposited into the fund. The departments	75946
of job and family services and aging shall use the moneys in the	75947
fund to fund the following in accordance with rules adopted	75948
under section 3721.58 of the Revised Code:	75949

~~(A)~~(1) The medicaid program established under Chapter 5111.	75950
of the Revised Code, including the PASSPORT program established	75951
under section 173.40 of the Revised Code;	75952

~~(B)~~(2) The residential state supplement program established	75953
under section 173.35 of the Revised Code.	75954

(B) The percentage specified in this division is the	75955
percentage determined by dividing one by the following:	75956

(1) Except as provided in division (B)(2) of this section,	75957
the franchise permit fee rate;	75958

(2) If the department of job and family services recalculates	75959
the amount of the assessments for a fiscal year under division (C)	75960
of section 3721.51 of the Revised Code, the amount of the per bed	75961
per day rate so recalculated for that fiscal year.	75962

Sec. 3722.01. (A) As used in this chapter:

75963

(1) "Owner" means the person who owns the business of and who	75964
ultimately controls the operation of an adult care facility and to	75965
whom the manager, if different from the owner, is responsible.	75966

(2) "Manager" means the person responsible for the daily	75967
operation of an adult care facility. The manager and the owner of	75968
a facility may be the same person.	75969

(3) "Adult" means an individual eighteen years of age or	75970
older.	75971

(4) "Unrelated" means that an adult resident is not related	75972
to the owner or manager of an adult care facility or to the	75973
owner's or manager's spouse as a parent, grandparent, child,	75974
stepchild, grandchild, brother, sister, niece, nephew, aunt, or	75975
uncle, or as the child of an aunt or uncle.	75976

(5) "Skilled nursing care" means skilled nursing care as	75977
defined in section 3721.01 of the Revised Code.	75978

(6)(a) "Personal care services" means services including, but	75979
not limited to, the following:	75980

(i) ~~Assisting residents~~Assistance with activities of daily	75981
living;	75982

(ii) ~~Assisting residents~~Assistance with self-administration	75983
of medication, in accordance with rules adopted by the public	75984
health council pursuant to this chapter;	75985

(iii) ~~Preparing~~Preparation of special diets, other than	75986
complex therapeutic diets, for residents pursuant to the	75987
instructions of a physician or a licensed dietitian, in accordance	75988
with rules adopted by the public health council pursuant to this	75989
chapter.	75990

(b) "Personal care services" does not include "skilled	75991
nursing care" as defined in section 3721.01 of the Revised Code. A	75992
facility need not provide more than one of the services listed in	75993
division (A)(6)(a) of this section for the facility to be	75994
considered to be providing personal care services.	75995

(7) "Adult family home" means a residence or facility that	75996
provides accommodations and supervision to three to five unrelated	75997
adults ~~and supervision and personal care services to~~, at least	75998
three of ~~those adults~~whom require personal care services.	75999

(8) "Adult group home" means a residence or facility that	76000
provides accommodations and supervision to six to sixteen	76001
unrelated adults ~~and provides supervision and personal care~~	76002
~~services to~~, at least three of ~~the unrelated adults~~whom require	76003
personal care services.	76004

(9) "Adult care facility" means an adult family home or an	76005
adult group home. For the purposes of this chapter, any residence,	76006
facility, institution, hotel, congregate housing project, or	76007
similar facility that provides accommodations and supervision to	76008
three to sixteen unrelated adults, at least three of whom ~~are~~	76009
~~provided~~require personal care services, is an adult care facility	76010
regardless of how the facility holds itself out to the public.	76011
"Adult care facility" does not include:	76012

(a) A facility operated by a hospice care program licensed	76013
under section 3712.04 of the Revised Code that is used exclusively	76014
for care of hospice patients;	76015

(b) A nursing home, residential care facility, or home for	76016
the aging as defined in section 3721.01 of the Revised Code;	76017

(c) ~~A community alternative home as defined in section~~	76018
~~3724.01 of the Revised Code;~~	76019

~~(d)~~ An alcohol and drug addiction program as defined in	76020
section 3793.01 of the Revised Code;	76021

~~(e)~~(d) A residential facility for the mentally ill licensed	76022
by the department of mental health under section 5119.22 of the	76023
Revised Code;	76024

~~(f)~~(e) A facility licensed to provide methadone treatment	76025
under section 3793.11 of the Revised Code;	76026

~~(g)~~(f) A residential facility licensed under section 5123.19	76027
of the Revised Code or otherwise regulated by the department of	76028
mental retardation and developmental disabilities;	76029

~~(h)~~(g) Any residence, institution, hotel, congregate housing	76030
project, or similar facility that provides personal care services	76031
to fewer than three residents or that provides, for any number of	76032
residents, only housing, housekeeping, laundry, meal preparation,	76033
social or recreational activities, maintenance, security,	76034
transportation, and similar services that are not personal care	76035
services or skilled nursing care;	76036

~~(i)~~(h) Any facility that receives funding for operating costs	76037
from the department of development under any program established	76038
to provide emergency shelter housing or transitional housing for	76039
the homeless;	76040

~~(j)~~(i) A terminal care facility for the homeless that has	76041
entered into an agreement with a hospice care program under	76042
section 3712.07 of the Revised Code;	76043

~~(k)~~(j) A facility approved by the veterans administration	76044
under section 104(a) of the "Veterans Health Care Amendments of	76045
1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used	76046
exclusively for the placement and care of veterans;	76047

~~(l) Until January 1, 1994, the portion of a facility in which~~	76048
~~care is provided exclusively to members of a religious order if~~	76049
~~the facility is owned by or part of a nonprofit institution of~~	76050
~~higher education authorized to award degrees by the Ohio board of~~	76051
~~regents under Chapter 1713. of the Revised Code~~.	76052

(10) "Residents' rights advocate" means:

76053

(a) An employee or representative of any state or local	76054
government entity that has a responsibility for residents of adult	76055
care facilities and has registered with the department of health	76056
under section 3701.07 of the Revised Code;	76057

(b) An employee or representative, other than a manager or	76058
employee of an adult care facility or nursing home, of any private	76059
nonprofit corporation or association that qualifies for tax-exempt	76060
status under section 501(a) of the "Internal Revenue Code of	76061
1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has	76062
registered with the department of health under section 3701.07 of	76063
the Revised Code, and whose purposes include educating and	76064
counseling residents, assisting residents in resolving problems	76065
and complaints concerning their care and treatment, and assisting	76066
them in securing adequate services.	76067

(11) "Sponsor" means an adult relative, friend, or guardian	76068
of a resident of an adult care facility who has an interest in or	76069
responsibility for the resident's welfare.	76070

(12) "Ombudsperson" means a "representative of the office of	76071
the state long-term care ombudsperson program" as defined in	76072
section 173.14 of the Revised Code.	76073

(13) "Mental health agency" means a community mental health	76074
agency, as defined in section 5119.22 of the Revised Code, under	76075
contract with aan ADAMHS board ~~of alcohol, drug addiction, and~~	76076
~~mental health services~~ pursuant to division (A)(8)(a) of section	76077
340.03 of the Revised Code.	76078

(14) "ADAMHS board" means a board of alcohol, drug addiction,	76079
and mental health services;	76080

(15) "Mental health resident program participation agreement"	76081
means a written agreement between an adult care facility and the	76082
ADAMHS board serving the alcohol, drug addiction, and mental	76083
health service district in which the facility is located, under	76084
which the facility is authorized to admit residents who are	76085
receiving or are eligible for publicly funded mental health	76086
services.	76087

(16) "PASSPORT administrative agency" means an entity under	76088
contract with the department of aging to provide administrative	76089
services regarding the PASSPORT program created under section	76090
173.40 of the Revised Code.	76091

(B) For purposes of this chapter, personal care services or	76092
skilled nursing care shall be considered to be provided by a	76093
facility if they are provided by a person employed by or	76094
associated with the facility or by another person pursuant to an	76095
agreement to which neither the resident who receives the services	76096
nor the resident's sponsor is a party.	76097

(C) Nothing in division (A)(6) of this section shall be	76098
construed to permit personal care services to be imposed upon a	76099
resident who is capable of performing the activity in question	76100
without assistance.	76101

Sec. 3722.011. (A) All medication taken by residents of an	76102
adult care facility shall be self-administered, except that	76103
medication may be administered to a resident ~~by a home health~~	76104
~~agency, hospice care program, nursing home staff, mental health~~	76105
~~agency, or board of alcohol, drug addiction, and mental health~~	76106
~~services under~~as part of the skilled nursing care provided in	76107
accordance with division (B) of section 3722.16 of the Revised	76108
Code. ~~Members of the staff of an adult care facility shall not~~	76109
~~administer medication to residents.~~ No person shall be admitted to	76110
or retained by an adult care facility unless the person is capable	76111
of ~~taking~~self-administering the person's ~~own~~ medication ~~and~~	76112
~~biologicals~~, as determined in writing by ~~the person's personal~~a	76113
physician, except that a person may be admitted to or retained by	76114
such a facility if the person's medication is administered ~~by a~~	76115
~~home health agency, hospice care program, nursing home staff,~~	76116
~~mental health agency, or board of alcohol, drug addiction, and~~	76117
~~mental health services under~~as part of the skilled nursing care	76118
provided in accordance with division (B) of section 3722.16 of	76119
the Revised Code. ~~Members~~	76120

(B) Members of the staff of an adult care facility shall not	76121
administer medication to residents but may do any of the	76122
following:	76123

~~(A)~~ Remind a resident when to take medication and watch to	76124
ensure that the resident follows the directions on the container;	76125

~~(B)~~ Assist a resident in the self-administration of	76126
medication by taking the medication from the locked area where it	76127
is stored, in accordance with rules adopted by the public health	76128
council pursuant to this chapter, and handing it to the resident.	76129
If the resident is physically unable to open the container, a	76130
staff member may open the container for the resident.	76131

~~(C)~~ Assist a physically impaired but mentally alert resident,	76132
such as a resident with arthritis, cerebral palsy, or Parkinson's	76133
disease, in removing oral or topical medication from containers	76134
and in consuming or applying the medication, upon request by or	76135
with the consent of the resident. If a resident is physically	76136
unable to place a dose of medicine to the resident's mouth without	76137
spilling it, a staff member may place the dose in a container and	76138
place the container to the mouth of the resident.	76139

Sec. 3722.02. A person seeking a license to operate an adult	76140
care facility shall submit to the director of health an	76141
application on a form prescribed by the director and the	76142
following:	76143

(A) In the case of an adult group home seeking licensure as	76144
an adult care facility, evidence that the home has been inspected	76145
and approved by a local certified building department or by the	76146
division of ~~industrial compliance~~labor in the department of	76147
commerce as meeting the applicable requirements of sections	76148
3781.06 to 3781.18 and 3791.04 of the Revised Code and any rules	76149
adopted under those sections and evidence that the home has been	76150
inspected by the state fire marshal or fire prevention officer of	76151
a municipal, township, or other legally constituted fire	76152
department approved by the state fire marshal and found to be in	76153
compliance with rules adopted under section 3737.83 of the	76154
Revised Code regarding fire prevention and safety in adult group	76155
homes;	76156

(B) Valid approvals of the facility's water and sewage	76157
systems issued by the responsible governmental entity, if	76158
applicable;	76159

(C) A statement of ownership containing the following	76160
information:	76161

(1) If the owner is an individual, the owner's name, address,	76162
telephone number, business address, business telephone number, and	76163
occupation. If the owner is an association, corporation, or	76164
partnership, the business activity, address, and telephone number	76165
of the entity and the name of every person who has an ownership	76166
interest of five per cent or more in the entity.	76167

(2) If the owner does not own the building or if the owner	76168
owns only part of the building in which the facility is housed,	76169
the name of each person who has an ownership interest of five per	76170
cent or more in the building;	76171

(3) The address of any adult care facility and any facility	76172
described in divisions (A)(9)(a) to ~~(h)~~(j) of section 3722.01 of	76173
the Revised Code in which the owner has an ownership interest of	76174
five per cent or more;	76175

(4) The identity of the manager of the adult care facility,	76176
if different from the owner;	76177

(5) The name and address of any adult care facility and any	76178
facility described in divisions (A)(9)(a) to ~~(h)~~(j) of section	76179
3722.01 of the Revised Code with which either the owner or manager	76180
has been affiliated through ownership or employment in the five	76181
years prior to the date of the application;	76182

(6) The names and addresses of three persons not employed by	76183
or associated in business with the owner who will provide	76184
information about the character, reputation, and competence of the	76185
owner and the manager and the financial responsibility of the	76186
owner;	76187

(7) Information about any arrest of the owner or manager for,	76188
or adjudication or conviction of, a criminal offense related to	76189
the provision of care in an adult care facility or any facility	76190
described in divisions (A)(9)(a) to ~~(h)~~(j) of section 3722.01 of	76191
the Revised Code or the ability to operate a facility;	76192

(8) Any other information the director may require regarding	76193
the owner's ability to operate the facility.	76194

(D) If the facility is an adult group home, a balance sheet	76195
showing the assets and liabilities of the owner and a statement	76196
projecting revenues and expenses for the first twelve months of	76197
the facility's operation;	76198

(E) ~~Proof of insurance in an amount and type determined in~~	76199
~~rules adopted by the public health council pursuant to this~~	76200
~~chapter to be adequate;~~A statement containing the following	76201
information regarding admissions to the facility:	76202

(1) The intended bed capacity of the facility;

76203

(2) If the facility will admit persons referred by or	76204
receiving services from an ADAMHS board or a mental health agency,	76205
the total number of beds anticipated to be occupied as a result	76206
of those admissions.	76207

(F) A nonrefundable license application fee in an amount	76208
established in rules adopted by the public health council pursuant	76209
to this chapter.	76210

Sec. 3722.021. In determining the number of residents in a	76211
facility for the purpose of licensure under this chapter, the	76212
director of health shall consider all the individuals for whom the	76213
facility provides accommodations as one group unless either of the	76214
following is the case:	76215

(A) ~~The~~In addition to being an adult care facility, the	76216
facility is ~~both~~ a nursing home licensed under Chapter 3721. of	76217
the Revised Code ~~and an adult care facility~~, a residential	76218
facility licensed under that chapter, or both. In that case, all	76219
the individuals in the part or unit licensed as a nursing home,	76220
residential care facility, or both, shall be considered as one	76221
group and all the individuals in the part or unit licensed as an	76222
adult care facility shall be considered as another group.	76223

(B) The facility maintains, in addition to an adult care	76224
facility, a separate and discrete part or unit that provides	76225
accommodations to individuals who do not receive supervision or	76226
personal care services from the adult care facility, in which case	76227
the individuals in the separate and discrete part or unit shall	76228
not be considered in determining the number of residents in the	76229
adult care facility if the separate and discrete part or unit is	76230
in compliance with the Ohio basic building code established by the	76231
board of building standards under Chapters 3781. and 3791. of the	76232
Revised Code and the adult care facility, to the extent of its	76233
authority, permits the director, on request, to inspect the	76234
separate and discrete part or unit and speak with the individuals	76235
residing there, if they consent, to determine whether the separate	76236
and discrete part or unit meets the requirements of this division.	76237

Sec. 3722.022. A person may not apply for a license to	76238
operate an adult care facility if the person is or has been the	76239
owner or manager of an adult care facility for which a license to	76240
operate was revoked or for which renewal of a license was refused	76241
for any reason other than nonpayment of the license renewal fee,	76242
unless both of the following conditions are met:	76243

(A) A period of not less than two years has elapsed since the	76244
date the director of health issued the order revoking or refusing	76245
to renew the facility's license.	76246

(B) The director's revocation or refusal to renew the license	76247
was not based on an act or omission at the facility that violated	76248
a resident's right to be free from abuse, neglect, or	76249
exploitation.	76250

Sec. 3722.04. (A)~~(1)~~ The director of health shall inspect,	76251
license, and regulate adult care facilities. Except as otherwise	76252
provided in division (D) of this section, the director shall issue	76253
a license to an adult care facility that meets the requirements of	76254
section 3722.02 of the Revised Code and that the director	76255
determines to be in substantial compliance with the rules adopted	76256
by the public health council pursuant to this chapter. The	76257
director shall consider the past record of the owner and manager	76258
and any individuals who are principal participants in an entity	76259
that is the owner or manager in operating facilities providing	76260
care to adults. The director may, in accordance with Chapter 119.	76261
of the Revised Code, deny a license if the past record indicates	76262
that the owner or manager is not suitable to own or manage an	76263
adult care facility.	76264

The license shall contain the name and address of the	76265
facility for which it was issued, the date of expiration of the	76266
license, and the maximum number of residents that may be	76267
accommodated by the facility. A license for an adult care facility	76268
shall be valid for a period of two years after the date of	76269
issuance. No single facility may be licensed to operate as more	76270
than one adult care facility.	76271

~~(2) Notwithstanding division (A)(1) of this section and~~	76272
~~sections 3722.02 and 3722.041 of the Revised Code, the director~~	76273
~~may issue a temporary license if the requirements of divisions~~	76274
~~(C), (D), and (F) of section 3722.02 of the Revised Code have been~~	76275
~~met. A temporary license shall be valid for a period of ninety~~	76276
~~days and, except as otherwise provided in division (A)(3) of~~	76277
~~section 3722.05 of the Revised Code, may be renewed, without~~	76278
~~payment of an additional application fee, for an additional ninety~~	76279
~~days.~~	76280

(B) The director shall renew a license for a two-year period	76281
if the facility continues to be in compliance with the	76282
requirements of this chapter and in substantial compliance with	76283
the rules adopted under this chapter. The owner shall submit a	76284
nonrefundable license renewal application fee in an amount	76285
established in rules adopted by the public health council pursuant	76286
to this chapter. Before the license of an adult group home is	76287
renewed, if any alterations have been made to the buildings, a	76288
certificate of occupancy for the facility shall have been issued	76289
by the division of ~~industrial compliance~~labor in the department	76290
of commerce or a local certified building department. The facility	76291
shall have water and sewage system approvals, if required by law,	76292
and, in the case of an adult group home, documentation of	76293
continued compliance with the rules adopted by the state fire	76294
marshal under division (F) of section 3737.83 of the Revised Code.	76295

(C) ~~The~~(1) During each licensure period, the director shall	76296
make at least one unannounced inspection of an adult care facility	76297
~~during each licensure period~~ in addition to inspecting the	76298
facility to determine whether a license should be issued or	76299
renewed, and may make additional unannounced inspections as the	76300
director considers necessary. Other inspections may be made at any	76301
time that the director considers appropriate. ~~The~~	76302

The director shall take all reasonable actions to avoid	76303
giving notice of an inspection by the manner in which the	76304
inspection is scheduled or performed. ~~Not~~	76305

If an inspection is conducted to investigate an alleged	76306
violation of the requirements of this chapter in a facility with	76307
residents referred by or receiving services from a mental health	76308
agency or ADAMHS board or a facility with residents receiving	76309
assistance under the residential state supplement program	76310
administered by the department of aging pursuant to section 173.35	76311
of the Revised Code, the director shall coordinate the inspection	76312
with the appropriate mental health agency, ADAMHS board, or	76313
PASSPORT administrative agency. As the director considers	76314
appropriate, the director shall conduct the inspection jointly	76315
with the mental health agency, ADAMHS board, or PASSPORT	76316
administrative agency.	76317

Not later than sixty days after the date of an inspection of	76318
a facility, the director shall send a report of the inspection to	76319
the ombudsperson in whose region the facility is located. ~~The~~	76320

(2) The state fire marshal or fire prevention officer of a	76321
municipal, township, or other legally constituted fire department	76322
approved by the state fire marshal shall inspect an adult group	76323
home seeking a license or renewal under this chapter as an adult	76324
care facility prior to issuance of a license or renewal, at least	76325
once annually thereafter, and at any other time at the request of	76326
the director, to determine compliance with the rules adopted under	76327
division (F) of section 3737.83 of the Revised Code.	76328

(D) The director may waive any of the licensing requirements	76329
~~having to do with fire and safety requirements or building~~	76330
~~standards~~ established by rule adopted by the public health council	76331
pursuant to this chapter upon written request of the facility. The	76332
director may grant a waiver if the director determines that the	76333
strict application of the licensing requirement would cause undue	76334
hardship to the facility and that granting the waiver would not	76335
jeopardize the health or safety of any resident. The director may	76336
provide a facility with an informal hearing concerning the denial	76337
of a waiver request, but the facility shall not be entitled to a	76338
hearing under Chapter 119. of the Revised Code unless the director	76339
takes an action that requires a hearing to be held under section	76340
3722.05 of the Revised Code.	76341

(E)(1) Not later than thirty days after each of the	76342
following, the owner of an adult care facility shall submit an	76343
inspection fee of twenty dollars for each bed for which the	76344
facility is licensed:	76345

(a) Issuance or renewal of a license~~, other than a temporary~~	76346
~~license~~;	76347

(b) The unannounced inspection required by division (C)(1) of	76348
this section that is in addition to the inspection conducted to	76349
determine whether a license should be issued or renewed;	76350

(c) If, during an inspection conducted in addition to the two	76351
inspections required by division (C)(1) of this section, the	76352
facility was found to be in violation of this chapter or the rules	76353
adopted under it, receipt by the facility of the report of that	76354
investigation.	76355

(2) The director may revoke the license of any adult care	76356
facility that fails to submit the fee within the thirty-day	76357
period.	76358

(3) All inspection fees received by the director, all civil	76359
penalties assessed under section 3722.08 of the Revised Code, all	76360
fines imposed under section 3722.99 of the Revised Code, and all	76361
license application and renewal application fees received under	76362
division (F) of section 3722.02 of the Revised Code or under	76363
division (B) of this section shall be deposited into the general	76364
operations fund created in section 3701.83 of the Revised Code and	76365
shall be used only to pay the costs of administering and enforcing	76366
the requirements of this chapter and rules adopted under it.	76367

(F)(1) An owner shall inform the director in writing of any	76368
changes in the information contained in the statement of ownership	76369
made pursuant to division (C) of section 3722.02 of the Revised	76370
Code or in the identity of the manager, not later than ten days	76371
after the change occurs.	76372

(2) An owner who sells or transfers an adult care facility	76373
shall be responsible and liable for the following:	76374

(a) Any civil penalties imposed against the facility under	76375
section 3722.08 of the Revised Code for violations that occur	76376
before the date of transfer of ownership or during any period in	76377
which the seller or the seller's agent operates the facility;	76378

(b) Any outstanding liability to the state, unless the buyer	76379
or transferee has agreed, as a condition of the sale or transfer,	76380
to accept the outstanding liabilities and to guarantee their	76381
payment, except that if the buyer or transferee fails to meet	76382
these obligations the seller or transferor shall remain	76383
responsible for the outstanding liability.	76384

(G) The director shall annually publish a list of licensed	76385
adult care facilities, facilities ~~whose~~for which licenses have	76386
been revoked ~~or not renewed~~, facilities for which license renewal	76387
has been refused, any facilities under an order suspending	76388
admissions pursuant to section 3722.07 of the Revised Code, and	76389
any facilities that have been assessed a civil penalty pursuant to	76390
section 3722.08 of the Revised Code. The director shall furnish	76391
information concerning the status of licensure of any facility to	76392
any person upon request. The director shall annually send a copy	76393
of the list to the department of job and family services, to the	76394
department of mental health, and to the department of aging.	76395

Sec. 3722.041. (A) Sections 3781.06 to 3781.18 and 3791.04	76396
of the Revised Code do not apply to an adult family home for which	76397
application is made to the director of health for licensure as an	76398
adult care facility under this chapter. Adult family homes shall	76399
not be required to submit evidence to the director of health that	76400
the home has been inspected by a local certified building	76401
department or the division of ~~industrial compliance~~labor in the	76402
department of commerce or by the state fire marshal or a fire	76403
prevention officer under section 3722.02 of the Revised Code, but	76404
shall be inspected by the director of health to determine	76405
compliance with this section. An inspection made under this	76406
section may be made at the same time as an inspection made under	76407
section 3722.04 of the Revised Code.	76408

(B) The director shall not license or renew the license of an	76409
adult family home unless it meets the fire protection standards	76410
established by rules adopted by the public health council pursuant	76411
to this chapter.	76412

Sec. 3722.05. ~~(A)(1)~~ If an adult care facility fails to	76413
comply with any requirement of this chapter or with any rule	76414
adopted pursuant to this chapter, the director of health may do	76415
any one or all of the following:	76416

~~(a)~~(A) In accordance with Chapter 119. of the Revised Code,	76417
deny, revoke, or refuse to renew the license of the facility;	76418

~~(b)~~(B) Give the facility an opportunity to correct the	76419
violation, in accordance with section 3722.06 of the Revised Code;	76420

~~(c)~~(C) Issue an order suspending the admission of residents	76421
to the facility, in accordance with section 3722.07 of the Revised	76422
Code;	76423

~~(d)~~(D) Impose a civil penalty in accordance with section	76424
3722.08 of the Revised Code;	76425

~~(e)~~(E) Petition the court of common pleas for injunctive	76426
relief in accordance with section 3722.09 of the Revised Code.	76427

~~(2) The director may refuse to renew the temporary license of~~	76428
~~any adult care facility for failure to make reasonable progress~~	76429
~~toward compliance with the requirements for licensure under~~	76430
~~section 3722.02 of the Revised Code and rules adopted by the~~	76431
~~public health council pursuant to this chapter. The director may~~	76432
~~revoke a temporary license upon a finding that the facility~~	76433
~~jeopardizes the health or safety of any of its residents.~~	76434
~~Proceedings initiated to deny, revoke, or refuse to renew a~~	76435
~~temporary license are not subject to Chapter 119. of the Revised~~	76436
~~Code.~~	76437

~~(3) The director may renew a temporary license for the~~	76438
~~duration of proceedings under Chapter 119. of the Revised Code~~	76439
~~regarding the denial of a permanent license if he determines that~~	76440
~~the continued operation of the facility will not jeopardize the~~	76441
~~health or safety of the residents.~~	76442

Sec. 3722.06. Except as otherwise provided in sections	76443
3722.07 to 3722.09 of the Revised Code and except in cases of	76444
violations that jeopardize the health and safety of any of the	76445
residents, if the director determines that a licensed adult care	76446
facility is in violation of this chapter or of rules adopted	76447
pursuant to this chapter, hethe director shall give the facility	76448
an opportunity to correct the violation. The director shall notify	76449
the facility of the violation~~, prescribe the steps necessary to~~	76450
~~correct the condition,~~ and specify a reasonable time for making	76451
the corrections. Notice of the violation ~~and the prescribed~~	76452
~~corrections~~ shall be in writing and shall include a citation to	76453
the statute or rule violated. The director shall state the action	76454
that hethe director will take if the corrections are not made	76455
within the specified period of time.	76456

The facility shall submit to the director a plan of	76457
correction stating the actions that will be taken to correct the	76458
violation. The director shall conduct an inspection to determine	76459
whether the facility has corrected the violation in accordance	76460
with the plan of correction.	76461

If the director determines that the facility has failed to	76462
correct the violation in accordance with the plan of correction,	76463
the director may impose a penalty under section 3722.08 of the	76464
Revised Code. If the director ~~subsequently~~ determines that the	76465
license of the facility should be revoked or should not be renewed	76466
because the facility has failed to correct the violation within	76467
the time specified or because the violation jeopardizes the health	76468
or safety of any of the residents, the director shall revoke or	76469
refuse to renew the license in accordance with Chapter 119. of the	76470
Revised Code.	76471

Sec. 3722.08. (A) If the director of health determines that	76472
an adult care facility is in violation of this chapter or rules	76473
adopted under it, the director may impose a civil penalty on the	76474
owner of the facility, pursuant to rules adopted by the public	76475
health council under this chapter~~, on the owner of the facility~~.	76476
The director shall determine the classification and amount of the	76477
penalty by considering the following factors:	76478

(1) The gravity of the violation, the severity of the actual	76479
or potential harm, and the extent to which the provisions of this	76480
chapter or rules adopted under it were violated;	76481

(2) Actions taken by the owner or manager to correct the	76482
violation;	76483

(3) The number, if any, of previous violations by the adult	76484
care facility.	76485

(B) The director shall give written notice of the order	76486
imposing a civil penalty to the adult care facility by certified	76487
mail, return receipt requested, or shall provide for delivery of	76488
the notice in person. The notice shall specify the classification	76489
of the violation as determined by rules adopted by the public	76490
health council pursuant to this chapter, the amount of the penalty	76491
and the rate of interest, the action that is required to be taken	76492
to correct the violation, the time within which it is to be	76493
corrected as specified in division (C) of this section, and the	76494
procedures for the facility to follow to request a conference on	76495
the order imposing a civil penalty. If the facility requests a	76496
conference in a letter mailed or delivered not later than two	76497
working days after it has received the notice, the director shall	76498
hold a conference with representatives of the facility concerning	76499
the civil penalty. The conference shall be held not later than	76500
seven days after the director receives the request. The conference	76501
shall be conducted as prescribed in division (C) of section	76502
3722.07 of the Revised Code. If the director issues an order	76503
upholding the civil penalty, the facility may request an	76504
adjudication hearing pursuant to Chapter 119. of the Revised Code,	76505
but the order of the director shall be in effect during	76506
proceedings instituted pursuant to that chapter until a final	76507
adjudication is made.	76508

(C) The director shall order that the condition or practice	76509
constituting a class I violation be abated or eliminated within	76510
twenty-four hours or any longer period that the director considers	76511
reasonable. The notice for a class II or a class III violation	76512
shall specify a time within which the violation is required to be	76513
corrected.	76514

(D) If the facility does not request a conference or if,	76515
after a conference, it fails to take action to correct a violation	76516
in the time prescribed by the director, the director shall issue	76517
an order upholding the penalty, plus interest at the rate	76518
specified in section 1343.03 of the Revised Code for each day	76519
beyond the date set for payment of the penalty. The director may	76520
waive the interest payment for the period prior to the conference	76521
if the director concludes that the conference was necessitated by	76522
a legitimate dispute.	76523

(E) The director may cancel or reduce the penalty for a class	76524
I violation if the facility corrects the violation within the time	76525
specified in the notice ~~unless~~, except that the director shall	76526
impose the penalty even though the facility has corrected the	76527
violation if a resident suffers physical harm because of the	76528
violation or ~~unless~~ the facility has been cited previously for	76529
the same violation~~, in which case the director shall impose the~~	76530
~~penalty even though the facility has corrected the violation~~. The	76531
director ~~shall~~may cancel the penalty for a class II or class III	76532
violation if the facility corrects the violation within the time	76533
specified in the notice ~~unless~~and the facility has not been	76534
cited previously for the same violation. Each day of a violation	76535
of any class, after the date the director sets for abatement or	76536
elimination, constitutes a separate and additional violation.	76537

(F) If an adult care facility fails to pay a penalty imposed	76538
under this section, the director may commence a civil action to	76539
collect the penalty. The license of an adult care facility that	76540
has failed to pay a penalty imposed under this section shall not	76541
be renewed until the penalty has been paid.	76542

(G) If a penalty is imposed under this section, a fine shall	76543
not be imposed under section 3722.99 of the Revised Code for the	76544
same violation.	76545

~~(H) Notwithstanding any other division of this section, the~~	76546
~~director shall not impose a penalty for a class I violation if all~~	76547
~~of the following apply:~~	76548

~~(1) A resident has not suffered physical harm because of the~~	76549
~~violation;~~	76550

~~(2) The violation has been corrected and is no longer~~	76551
~~occurring;~~	76552

~~(3) The violation is discovered by an inspector authorized to~~	76553
~~inspect an adult care facility pursuant to this chapter by an~~	76554
~~examination of the records of the facility.~~	76555

Sec. 3722.09. (A) If the director of health determines that	76556
the operation of an adult care facility jeopardizes the health or	76557
safety of any of the residents of the facility or if the director	76558
determines that an adult care facility is operating without a	76559
license, the director may petition the court of common pleas in	76560
the county in which the facility is located for appropriate	76561
injunctive relief against the facility. ~~The~~If injunctive relief	76562
is granted against a facility for operating without a license and	76563
the facility continues to operate without a license, the director	76564
shall refer the case to the attorney general for further action.	76565

(B) The court petitioned under division (A) of this section	76566
shall grant injunctive relief upon a showing that the operation of	76567
the facility jeopardizes the health or safety of any of the	76568
residents of the facility or that the facility is operating	76569
without a license. When the court grants injunctive relief in the	76570
case of a facility operating without a license, the court shall	76571
issue, at a minimum, an order enjoining the facility from	76572
admitting new residents to the facility and an order requiring the	76573
facility to assist resident rights advocates with the safe and	76574
orderly relocation of the facility's residents.	76575

Sec. 3722.10. (A) The public health council shall have the	76576
exclusive authority to adopt, and the council shall adopt, rules	76577
~~in accordance with Chapter 119. of the Revised Code~~ governing the	76578
licensing and operation of adult care facilities. The rules shall	76579
be adopted in accordance with Chapter 119. of the Revised Code and	76580
shall specify all of the following:	76581

(1) Procedures for the issuance, renewal, and revocation of	76582
licenses ~~and temporary licenses~~, for the granting and denial of	76583
waivers, and for the issuance and termination of orders of	76584
suspension of admission pursuant to section 3722.07 of the Revised	76585
Code;	76586

(2) The qualifications required for owners, managers, and	76587
employees of adult care facilities, including character, training,	76588
education, experience, and financial resources and the number of	76589
staff members required in a facility;	76590

(3) Adequate space, equipment, safety, and sanitation	76591
standards for the premises of adult care facilities, and fire	76592
protection standards for adult family homes as required by section	76593
3722.041 of the Revised Code;	76594

(4) The personal, social, dietary, and recreational services	76595
to be provided to each resident of adult care facilities;	76596

(5) Rights of residents of adult care facilities, in addition	76597
to the rights enumerated under section 3722.12 of the Revised	76598
Code, and procedures to protect and enforce the rights of these	76599
residents;	76600

(6) Provisions for keeping records of residents and for	76601
maintaining the confidentiality of the records as required by	76602
division (B) of section 3722.12 of the Revised Code. The	76603
provisions for maintaining the confidentiality of records shall,	76604
at the minimum, meet the requirements for maintaining the	76605
confidentiality of records under Title XIX of the "Social Security	76606
Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and regulations	76607
promulgated thereunder.	76608

(7) Measures to be taken by adult care facilities relative to	76609
residents' medication, including policies and procedures	76610
concerning medication, storage of medication in a locked area, and	76611
disposal of medication and assistance with self-administration of	76612
medication, if the facility provides assistance;	76613

(8) Requirements for initial and periodic health assessments	76614
of prospective and current adult care facility residents by	76615
physicians or other health professionals to ensure that they do	76616
not require a level of care beyond that which is provided by the	76617
adult care facility, including assessment of their capacity to	76618
self-administer the medications prescribed for them;	76619

(9) Requirements relating to preparation of special diets;

76620

(10) The amount of the fees for new and renewal license	76621
applications made pursuant to sections 3722.02 and 3722.04 of the	76622
Revised Code;	76623

(11) Measures to be taken by any employee of the state or any	76624
political subdivision of the state authorized by this chapter to	76625
enter an adult care facility to inspect the facility or for any	76626
other purpose, to ensure that the employee respects the privacy	76627
and dignity of residents of the facility, cooperates with	76628
residents of the facility and behaves in a congenial manner toward	76629
them, and protects the rights of residents;	76630

(12) How an owner or manager of an adult care facility is to	76631
comply with section 3722.18 of the Revised Code. ~~The~~At a minimum,	76632
the rules shall ~~do at least both of the following:~~	76633

~~(a) Establish~~establish the procedures an owner or manager is	76634
to follow under division (A)~~(2)~~ of section 3722.18 of the Revised	76635
Code regarding referrals to the facility of prospective residents	76636
with mental illness or severe mental disability and effective	76637
arrangements for ongoing mental health services for such	76638
prospective residents. The procedures may provide for any of the	76639
following:	76640

~~(i)~~(a) That the owner or manager ~~sign written agreements with~~	76641
~~the mental health agencies and boards of alcohol, drug addiction,~~	76642
~~and mental health services that refer such prospective residents~~	76643
~~to the facility. Each agreement shall cover all such prospective~~	76644
~~residents referred by the agency or board with which the owner or~~	76645
~~manager enters into the agreement.~~	76646

~~(ii)~~and the ADAMHS board serving the alcohol, drug	76647
addiction, and mental health service district in which the	76648
facility is located sign a mental health resident program	76649
participation agreement, as developed by the director of mental	76650
health under section 5119.613 of the Revised Code;	76651

(b) That the owner or manager comply with the requirements of	76652
its mental health resident program participation agreement;	76653

(c) That the owner or manager and the mental health agencies	76654
and ADAMHS boards ~~of alcohol, drug addiction, and mental health~~	76655
~~services~~ that refer such prospective residents to the facility	76656
develop and sign a mental health plan for ongoing mental health	76657
services for each such prospective resident;	76658

~~(iii)~~(d) Any other process established by the public health	76659
council in consultation with the director of health and director	76660
of mental health regarding referrals and effective arrangements	76661
for ongoing mental health services for prospective residents with	76662
mental illness.	76663

~~(b) Specify the date an owner or manager must begin to follow~~	76664
~~the procedures established by division (A)(12)(a) of this section.~~	76665

(13) Any other rules necessary for the administration and	76666
enforcement of this chapter.	76667

(B) After consulting with relevant constituencies, the	76668
director of mental health shall prepare and submit to the director	76669
of health recommendations for the content of rules to be adopted	76670
under division (A)(12) of this section. ~~The public health council~~	76671
~~shall adopt the rules required by division (A)(12) of this section~~	76672
~~no later than July 1, 2000.~~	76673

(C) The director of health shall advise adult care facilities	76674
regarding compliance with the requirements of this chapter and	76675
with the rules adopted pursuant to this chapter.	76676

(D) Any duty or responsibility imposed upon the director of	76677
health by this chapter may be carried out by an employee of the	76678
department of health.	76679

(E) Employees of the department of health may enter, for the	76680
purposes of investigation, any institution, residence, facility,	76681
or other structure which has been reported to the department as,	76682
or that the department has reasonable cause to believe is,	76683
operating as an adult care facility without a valid license.	76684

Sec. 3722.13. (A) Each adult care facility shall establish a	76685
written residents' rights policy containing the text of sections	76686
3722.12 and 3722.14 of the Revised Code and rules adopted by the	76687
public health council pursuant to this chapter, a discussion of	76688
the rights and responsibilities of residents under that section,	76689
and the text of any additional rule for residents promulgated by	76690
the facility. At the time of admission the manager shall give a	76691
copy of the residents' rights policy to the resident and ~~his~~the	76692
resident's sponsor, if any, and explain the contents of the policy	76693
to them. The facility shall establish procedures for facilitating	76694
the residents' exercise of their rights.	76695

(B) Each adult care facility shall post prominently within	76696
the facility a copy of the residents' rights listed in division	76697
(B) of section 3722.12 of the Revised Code and any additional	76698
residents' rights established by rules adopted by the public	76699
health council pursuant to this chapter, ~~and~~ the addresses and	76700
telephone numbers of the state long-term care ~~facilities ombudsman~~	76701
ombudsperson and the regional ~~ombudsman~~long-term care	76702
ombudsperson program for the area in which the facility is	76703
located, and ~~of the central and district offices of~~the telephone	76704
number maintained by the department of health for accepting	76705
complaints.	76706

Sec. 3722.14. (A)(1) Except as provided in division (A)(2)	76707
of this section, an adult care facility may transfer or discharge	76708
a resident, in the absence of a request from the resident, only	76709
for the following reasons:	76710

(a) Charges for the resident's accommodations and services	76711
have not been paid within thirty days after the date on which they	76712
became due;	76713

(b) The mental, emotional, or physical condition of the	76714
resident requires a level of care that the facility is unable to	76715
provide;	76716

(c) The health, safety, or welfare of the resident or of	76717
another resident requires a transfer or discharge;	76718

(d) The facility's license has been revoked or renewal has	76719
been denied pursuant to this chapter;	76720

(e) The owner closes the facility;

76721

(f) The resident is relocated as the result of a court's	76722
order issued under section 3722.09 of the Revised Code as part of	76723
the injunctive relief granted against a facility that is operating	76724
without a license;	76725

(g) The resident is receiving publicly funded mental health	76726
services and the facility's mental health resident program	76727
participation agreement is terminated by the facility or ADAMHS	76728
board.	76729

(2) An adult family home may transfer or discharge a resident	76730
if transfer or discharge is required for the health, safety, or	76731
welfare of an individual who resides in the home but is not a	76732
resident for whom supervision or personal services are provided.	76733

(B)(1) The facility shall give a resident thirty days advance	76734
notice, in writing, of a proposed transfer or discharge, except	76735
that if the transfer or discharge is for a reason given in	76736
divisions (A)(1)(b) to (g) or (A)(2) ~~to (5)~~ of this section and an	76737
emergency exists, the notice need not be given thirty days in	76738
advance. ~~The resident may request and the director of health shall~~	76739
~~conduct a hearing if the transfer or discharge is based upon~~	76740
~~division (A)(1), (2), or (3) of this section. The public health~~	76741
~~council shall adopt rules governing the procedure for conducting~~	76742
~~such a hearing.~~ The facility shall state in the written notice the	76743
reasons for the proposed transfer or discharge. If the resident is	76744
entitled to a hearing as specified in division (B)(2) of this	76745
section, the written notice shall outline the procedure for the	76746
resident to follow in requesting a hearing.	76747

(2) A resident may request a hearing if a proposed transfer	76748
or discharge is based on reason given in division (A)(1)(a) to (c)	76749
or (A)(2) of this section. If the resident seeks a hearing, hethe	76750
resident shall submit a request to the director not later than ten	76751
days after receiving the written notice. The director shall hold	76752
the hearing not later than ten days after receiving the request. A	76753
representative of the director shall preside over the hearing and	76754
shall issue a written recommendation of action to be taken by the	76755
director not later than three days after the hearing. The director	76756
shall issue an order regarding the transfer or discharge not later	76757
than two days after receipt of the recommendation. The order may	76758
prohibit or place conditions on the discharge or transfer. In the	76759
case of a transfer, the order may require that the transfer be to	76760
an institution or facility specified by the director. The hearing	76761
is not subject to section 121.22 of the Revised Code. The public	76762
health council shall adopt rules governing any additional	76763
procedures necessary for conducting the hearing.	76764

(C)(1) The owner of an adult care facility who is closing the	76765
facility shall inform the director of health in writing at least	76766
thirty days prior to the proposed date of closing. At the same	76767
time, the owner or manager shall inform each resident, ~~his~~the	76768
resident's guardian, ~~his~~the resident's sponsor, or any	76769
organization or agency acting on behalf of the resident, of the	76770
closing of the facility and the date of the closing.	76771

(2) Immediately upon receiving notice that a facility is to	76772
be closed, the director shall monitor the transfer of residents to	76773
other facilities and ensure that residents' rights are protected.	76774
The director shall notify the ~~ombudsman~~ombudsperson in the region	76775
in which the facility is located of the closing.	76776

(3) All charges shall be prorated as of the date on which the	76777
facility closes. If payments have been made in advance, the	76778
payments for services not rendered shall be refunded to the	76779
resident or the resident's guardian not later than seven days	76780
after the closing of the facility.	76781

(4) Immediately upon the closing of a facility, the owner	76782
shall surrender the license to the director, and the license shall	76783
be canceled.	76784

Sec. 3722.15. (A) The following may enter an adult care	76785
facility at any time:	76786

(1) Employees designated by the director of health;

76787

(2) Employees designated by the director of aging;

76788

(3) Employees designated by the attorney general;

76789

(4) Employees designated by a county department of job and	76790
family services to implement sections 5101.60 to 5101.71 of the	76791
Revised Code;	76792

(5) Persons employed pursuant to division (M) of section	76793
173.01 of the Revised Code in the long-term care ~~facilities~~	76794
ombudsperson program;	76795

(6) Employees of the department of mental health designated	76796
by the director of mental health;	76797

(7) Employees of a mental health agency~~, if~~under any of the	76798
following circumstances:	76799

(a) When the agency has a client residing in the facility;

76800

(b) When the agency is acting as an agent of an ADAMHS board	76801
other than the board with which it is under contract;	76802

(c) When there is a mental health resident program	76803
participation agreement between the facility and the ADAMHS board	76804
with which the agency is under contract.	76805

(8) Employees of aan ADAMHS board ~~of alcohol, drug~~	76806
~~addiction, and mental health services, when~~under any of the	76807
following circumstances:	76808

(a) When authorized by section 340.05 of the Revised Code or	76809
~~if an individual~~;	76810

(b) When a resident of the facility is receiving mental	76811
health services provided by ~~the~~that ADAMHS board or another	76812
ADAMHS board pursuant to division (A)(8)(b) of section 340.03 of	76813
the Revised Code or;	76814

(c) When a resident of the facility is receiving services	76815
from a mental health agency under contract with ~~the~~that ADAMHS	76816
board ~~resides in the facility~~or another ADAMHS board;	76817

(d) When there is a mental health resident program	76818
participation agreement between the facility and that ADAMHS	76819
board.	76820

~~These~~The employees specified in divisions (A)(1) to (8) of	76821
this section shall be afforded access to all records of the	76822
facility, including records pertaining to residents, and may copy	76823
the records. Neither these employees nor the director of health	76824
shall release, without consent, any information obtained from the	76825
records of an adult care facility that reasonably would tend to	76826
identify a specific resident of the facility, except as ordered by	76827
a court of competent jurisdiction.	76828

(B) The following persons may enter any adult care facility	76829
during reasonable hours:	76830

(1) A resident's sponsor;

76831

(2) Residents' rights advocates;

76832

(3) A resident's attorney;

76833

(4) A minister, priest, rabbi, or other person ministering to	76834
a resident's religious needs;	76835

(5) A physician or other person providing health care	76836
services to a resident;	76837

(6) Employees authorized by county departments of job and	76838
family services and local boards of health or health departments	76839
to enter adult care facilities;	76840

(7) A prospective resident and prospective resident's	76841
sponsor.	76842

(C) The manager of an adult care facility may require a	76843
person seeking to enter the facility to present identification	76844
sufficient to identify the person as an authorized person under	76845
this section.	76846

Sec. 3722.16. (A) No person shall:

76847

(1) Operate an adult care facility unless the facility is	76848
validly licensed by the director of health under section 3722.04	76849
of the Revised Code;	76850

(2) Admit to an adult care facility more residents than the	76851
number authorized in the facility's license;	76852

(3) Admit a resident to an adult care facility after the	76853
director has issued an order pursuant to section 3722.07 of the	76854
Revised Code suspending admissions to the facility. Violation of	76855
division (A)(3) of this section is cause for revocation of the	76856
facility's license.	76857

(4) Interfere with any authorized inspection of an adult care	76858
facility conducted pursuant to section 3722.02 or 3722.04 of the	76859
Revised Code;	76860

(5) Admit to an adult care facility a resident requiring	76861
publicly funded mental health services, unless both of the	76862
following conditions are met:	76863

(a) The ADAMHS board serving the alcohol, drug addiction,	76864
and mental health service district in which the facility is	76865
located is notified;	76866

(b) The facility and ADAMHS board have entered into a mental	76867
health resident program participation agreement by using the	76868
standardized form approved by the director of mental health under	76869
section 5119.613 of the Revised Code.	76870

(6) Violate any of the provisions of this chapter or any of	76871
the rules adopted pursuant to it.	76872

(B) No adult care facility shall provide, or admit or retain	76873
any resident in need of, skilled nursing care unless all of the	76874
following conditions are ~~the case~~met:	76875

(1) The care will be provided on a part-time, intermittent	76876
basis for not more than a total of one hundred twenty days in any	76877
twelve-month period.	76878

(2) The care will be provided by one or more of the	76879
following:	76880

(a) A home health agency certified under Title XVIII of the	76881
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	76882
amended:;	76883

(b) A hospice care program licensed under Chapter 3712. of	76884
the Revised Code;	76885

(c) A nursing home licensed under Chapter 3721. of the	76886
Revised Code and owned and operated by the same person and located	76887
on the same site as the adult care facility;	76888

(d) A mental health agency or, pursuant to division (A)(8)(b)	76889
of section 340.03 of the Revised Code, aan ADAMHS board of	76890
~~alcohol, drug addiction, and mental health services~~.	76891

~~(2)~~(3) Each individual employed by, under contract with, or	76892
otherwise used by any of the entities specified in division (B)(2)	76893
of this section to perform the skilled nursing care is authorized	76894
under the laws of this state to perform the care by being	76895
appropriately licensed, as specified in rules adopted under	76896
division (G) of this section.	76897

(4) The staff of the ~~home health agency, hospice care~~	76898
~~program, nursing home, mental health agency, or board of alcohol,~~	76899
~~drug addiction, and mental health services~~one or more entities	76900
providing the skilled nursing care does not train the adult care	76901
facility staff to provide the skilled nursing care;	76902

~~(3)~~(5) The individual to whom the skilled nursing care is	76903
provided is suffering from a short-term illness;	76904

~~(4)~~(6) If the skilled nursing care is to be provided by the	76905
nursing staff of a nursing home, all of the following are the	76906
case:	76907

(a) The adult care facility evaluates the individual	76908
receiving the skilled nursing care at least once every seven days	76909
to determine whether the individual should be transferred to a	76910
nursing home;	76911

(b) The adult care facility meets at all times staffing	76912
requirements established by rules adopted under section 3722.10 of	76913
the Revised Code;	76914

(c) The nursing home does not include the cost of providing	76915
skilled nursing care to the adult care facility residents in a	76916
cost report filed under section 5111.26 of the Revised Code;	76917

(d) The nursing home meets at all times the nursing home	76918
licensure staffing ratios established by rules adopted under	76919
section 3721.04 of the Revised Code;	76920

(e) The nursing home staff providing skilled nursing care to	76921
adult care facility residents are registered nurses or licensed	76922
practical nurses licensed under Chapter 4723. of the Revised Code	76923
and meet the personnel qualifications for nursing home staff	76924
established by rules adopted under section 3721.04 of the Revised	76925
Code;	76926

(f) The skilled nursing care is provided in accordance with	76927
rules established for nursing homes under section 3721.04 of the	76928
Revised Code;	76929

(g) The nursing home meets the skilled nursing care needs of	76930
the adult care facility residents;	76931

(h) Using the nursing home's nursing staff does not prevent	76932
the nursing home or adult care facility from meeting the needs of	76933
the nursing home and adult care facility residents in a quality	76934
and timely manner.	76935

(7) No adult care facility staff shall provide skilled	76936
nursing care.	76937

Notwithstanding section 3721.01 of the Revised Code, an adult	76938
care facility in which residents receive skilled nursing care as	76939
described in division (B) of this section is not a nursing home.	76940
~~No adult care facility shall provide skilled nursing care.~~	76941

(C) A home health agency or hospice care program that	76942
provides skilled nursing care pursuant to division (B) of this	76943
section may not be associated with the adult care facility unless	76944
the facility is part of a home for the aged as defined in section	76945
5701.13 of the Revised Code or the adult care facility is owned	76946
and operated by the same person and located on the same site as a	76947
nursing home licensed under Chapter 3721. of the Revised Code that	76948
is associated with the home health agency or hospice care program.	76949
In addition, the following requirements shall be met:	76950

(1) The adult care facility shall evaluate the individual	76951
receiving the skilled nursing care not less than once every seven	76952
days to determine whether the individual should be transferred to	76953
a nursing home;	76954

(2) If the costs of providing the skilled nursing care are	76955
included in a cost report filed pursuant to section 5111.26 of the	76956
Revised Code by the nursing home that is part of the same home for	76957
the aged, the home health agency or hospice care program shall not	76958
seek reimbursement for the care under the medical assistance	76959
program established under Chapter 5111. of the Revised Code.	76960

(D)~~(1)~~ No person knowingly shall place or recommend placement	76961
of any person in an adult care facility that is operating without	76962
a license.	76963

~~(2)~~(E) No employee of a unit of local or state government,	76964
ADAMHS board ~~of alcohol, drug addiction, and mental health~~	76965
~~services~~, mental health agency, or PASSPORT administrative agency	76966
shall place or recommend placement of any person in an adult care	76967
facility if the employee knows ~~that~~any of the following:	76968

(1) That the facility cannot meet the needs of the potential	76969
resident;	76970

(2) That placement of the resident would cause the facility	76971
to exceed its licensed capacity;	76972

(3) That an enforcement action initiated by the director of	76973
health is pending and may result in the revocation of or refusal	76974
to renew the facility's license;	76975

(4) That the potential resident is receiving or is eligible	76976
for publicly funded mental health services and the facility has	76977
not entered into a mental health resident program participation	76978
agreement.	76979

~~(3)~~(F) No person who has reason to believe that an adult care	76980
facility is operating without a license shall fail to report this	76981
information to the director of health.	76982

~~(E)~~(G) In accordance with Chapter 119. of the Revised Code,	76983
the public health council shall adopt rules ~~that define~~for	76984
purposes of division (B) of this section that do all of the	76985
following:	76986

(1) Define a short-term illness for purposes of division	76987
(B)~~(3)~~(5) of this section ~~and specify~~;	76988

(2) Specify, consistent with rules pertaining to home health	76989
care adopted by the director of job and family services under the	76990
medical assistance program established under Chapter 5111. of the	76991
Revised Code and Title XIX of the "Social Security Act," 49 Stat.	76992
620 (1935), 42 U.S.C. 301, as amended, what constitutes a	76993
part-time, intermittent basis for purposes of division (B)(1) of	76994
this section;	76995

(3) Specify what constitutes being appropriately licensed for	76996
purposes of division (B)(3) of this section.	76997

Sec. 3722.17. (A) Any person who believes that an adult care	76998
facility is in violation of this chapter or of any of the rules	76999
promulgated pursuant to it may report the information to the	77000
director of health. The director shall investigate each report	77001
made under this section or section 3722.16 of the Revised Code and	77002
shall inform the facility of the results of the investigation.	77003
When investigating a report made pursuant to section 340.05 of the	77004
Revised Code, the director shall consult with the ADAMHS board of	77005
~~alcohol, drug addiction, and mental health services~~ that made the	77006
report. The director shall keep a record of the investigation and	77007
the action taken as a result of the investigation.	77008

The director shall not reveal, without consent, the identity	77009
of a person who makes a report under this section or division	77010
~~(D)(3)~~(G) of section 3722.16 of the Revised Code, the identity of	77011
a specific resident or residents referred to in such a report, or	77012
any other information that could reasonably be expected to reveal	77013
the identity of the person making the report or the resident or	77014
residents referred to in the report, except that the director may	77015
provide this information to a government agency responsible for	77016
enforcing laws applying to adult care facilities.	77017

(B) Any person who believes that a resident's rights under	77018
sections 3722.12 to 3722.15 of the Revised Code have been violated	77019
may report the information to the state ~~or regional~~ long-term care	77020
~~facilities~~ ombudsperson, the regional long-term care ombudsperson	77021
program for the area in which the facility is located, or to the	77022
director of health. If the person believes that the resident has	77023
mental illness or severe mental disability and is suffering abuse	77024
or neglect, the person may report the information to the ADAMHS	77025
board ~~of alcohol, drug addiction, and mental health services~~	77026
serving the alcohol, drug addiction, and mental health service	77027
district in which the adult care facility is located or a mental	77028
health agency under contract with the board in addition to or	77029
instead of the ombudsperson, regional program, or director.	77030

(C) Any person who makes a report pursuant to division (A) or	77031
(B) of this section or division ~~(D)(3)~~(G) of section 3722.16 of	77032
the Revised Code or any person who participates in an	77033
administrative or judicial proceeding resulting from such a report	77034
is immune from any civil liability or criminal liability, other	77035
than perjury, that might otherwise be incurred or imposed as a	77036
result of these actions, unless the person has acted in bad faith	77037
or with malicious purpose.	77038

Sec. 3722.18. Before an adult care facility admits a	77039
prospective resident who the owner or manager of the facility	77040
knows has been assessed as having a mental illness or severe	77041
mental disability, the owner or manager ~~shall do~~is subject to	77042
both of the following ~~in accordance with rules adopted under~~	77043
~~division (A)(12) of section 3722.10 of the Revised Code~~:	77044

(A) If the prospective resident is referred to the facility	77045
by a mental health agency or ADAMHS board ~~of alcohol, drug~~	77046
~~addiction, and mental health services~~, ~~do the following:~~	77047

~~(1) Except in an emergency and only until the date an owner~~	77048
~~or manager of an adult care facility must begin to follow~~	77049
~~procedures under division (A)(2) of this section, enter into an~~	77050
~~affiliation agreement with the agency or board. An affiliation~~	77051
~~agreement with the agency is subject to the board's approval. An~~	77052
~~affiliation agreement must be consistent with the residential~~	77053
~~portion of the board's community mental health plan submitted to~~	77054
~~the department of mental health under section 340.03 of the~~	77055
~~Revised Code.~~	77056

~~(2) Beginning on the date specified in rules adopted under~~	77057
~~division (A)(12) of section 3722.10 of the Revised Code,~~the owner	77058
or manager shall follow procedures established in ~~those~~ rules	77059
adopted under division (A)(12) of section 3722.10 of the Revised	77060
Code regarding referrals and effective arrangements for ongoing	77061
mental health services.	77062

(B) If the prospective resident is not referred to the	77063
facility by a mental health agency or ADAMHS board ~~of alcohol,~~	77064
~~drug addiction, and mental health services~~, ~~document that~~ the	77065
owner or manager ~~has offered~~shall offer to assist the	77066
prospective resident in obtaining appropriate mental health	77067
services and document the offer of assistance in accordance with	77068
rules adopted under division (A)(12) of section 3722.10 of the	77069
Revised Code.	77070

Sec. 3722.99. Whoever violates division (A) ~~or (B)~~(1) of	77071
section 3722.16 of the Revised Code shall be fined ~~five hundred~~	77072
two thousand dollars for a first offense; for each subsequent	77073
offense, such person shall be fined ~~one~~five thousand dollars.	77074

Whoever violates division (C) of section 3722.12 or division	77075
(A)(2), (3), (4), (5) or (6), (B), (C), (D), (E), or (F) of	77076
section 3722.16 of the Revised Code shall be fined ~~one~~five	77077
hundred dollars for a first offense; for each subsequent offense,	77078
such person shall be fined ~~five hundred~~one thousand dollars.	77079

Sec. 3727.02. (A) No person and no political subdivision,	77080
agency, or instrumentality of this state shall operate a hospital	77081
unless it is certified under Title XVIII of the "Social Security	77082
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or is	77083
accredited by ~~the joint commission or the American osteopathic~~	77084
~~association~~a national accrediting organization approved by the	77085
centers for medicare and medicaid services.	77086

(B) No person and no political subdivision, agency, or	77087
instrumentality of this state shall hold out as a hospital any	77088
health facility that is not certified or accredited as required in	77089
division (A) of this section.	77090

Sec. 3729.07. The licensor of a recreational vehicle park,	77091
recreation camp, or combined park-camp may charge a fee for an	77092
annual license to operate such a park, camp, or park-camp. In the	77093
case of a temporary park-camp, the licensor may charge a fee for a	77094
license to operate the temporary park-camp for the period	77095
specified in division (A) of section 3729.05 of the Revised Code.	77096
The fees for both types of licenses shall be determined in	77097
accordance with section 3709.09 of the Revised Code and shall	77098
include the cost of licensing and all inspections.	77099

Except for the fee for a temporary park-camp license, the fee	77100
also shall include any additional amount determined by rule of the	77101
public health council, which shall be collected and transmitted by	77102
the board of health to the ~~treasurer of state to be credited to~~	77103
~~the general operations fund created in section 3701.83 of the~~	77104
~~Revised Code~~director of health pursuant to section 3709.092 of	77105
the Revised Code and used only for the purpose of administering	77106
and enforcing this chapter and rules adopted under it. The portion	77107
of any fee retained by the board of health shall be paid into a	77108
special fund and used only for the purpose of administering and	77109
enforcing this chapter and rules adopted under it.	77110

Sec. 3733.02. (A)(1) The public health council, subject to	77111
Chapter 119. of the Revised Code, shall adopt, and has the	77112
exclusive power to adopt, rules of uniform application throughout	77113
the state governing the review of plans, issuance of flood plain	77114
management permits, and issuance of licenses for manufactured home	77115
parks; the location, layout, density, construction, drainage,	77116
sanitation, safety, and operation of those parks; and notices of	77117
flood events concerning, and flood protection at, those parks.	77118
The rules pertaining to flood plain management shall be consistent	77119
with and not less stringent than the flood plain management	77120
criteria of the national flood insurance program adopted under the	77121
"National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A.	77122
4001, as amended. The rules shall not apply to the construction,	77123
erection, or manufacture of any building to which section 3781.06	77124
of the Revised Code is applicable.	77125

(2) The rules pertaining to manufactured home parks	77126
constructed after June 30, 1971, shall specify that each home must	77127
be placed on its lot to provide not less than fifteen feet between	77128
the side of one home and the side of another home, ten feet	77129
between the end of one home and the side of another home, and five	77130
feet between the ends of two homes placed end to end.	77131

(3) The ~~department of health~~manufactured homes commission	77132
shall determine compliance with the installation, blocking,	77133
tiedown, foundation, and base support system standards for	77134
manufactured housing located in manufactured home parks adopted by	77135
the ~~manufactured homes~~ commission pursuant to section 4781.04 of	77136
the Revised Code. All inspections of the installation, blocking,	77137
tiedown, foundation, and base support systems of manufactured	77138
housing in a manufactured home park that the department of health	77139
or a licensor conducts shall be conducted by a person who has	77140
completed an installation training course approved by the	77141
manufactured homes commission pursuant to division (B)(12) of	77142
section 4781.04 of the Revised Code.	77143

As used in division (A)(3) of this section, "manufactured	77144
housing" has the same meaning as in section 4781.01 of the Revised	77145
Code.	77146

(B) The public health council, in accordance with Chapter	77147
119. of the Revised Code, shall adopt rules of uniform application	77148
throughout the state establishing requirements and procedures in	77149
accordance with which the director of health may authorize	77150
licensors for the purposes of sections 3733.022 and 3733.025 of	77151
the Revised Code. The rules shall include at least provisions	77152
under which a licensor may enter into contracts for the purpose of	77153
fulfilling the licensor's responsibilities under either or both of	77154
those sections.	77155

Sec. 3733.04. The licensor of a manufactured home park may	77156
charge a fee for an annual license to operate such a park. The fee	77157
for a license shall be determined in accordance with section	77158
3709.09 of the Revised Code and shall include the cost of	77159
licensing and all inspections.	77160

The fee also shall include any additional amount determined	77161
by rule of the public health council, which shall be collected and	77162
transmitted by the board of health to the ~~treasurer of state to be~~	77163
~~credited to the general operations fund created in section 3701.83~~	77164
~~of the Revised Code~~director of health pursuant to section	77165
3709.092 of the Revised Code and used only for the purpose of	77166
administering and enforcing sections 3733.01 to 3733.08 of the	77167
Revised Code and the rules adopted under those sections. The	77168
portion of any fee retained by the board of health shall be paid	77169
into a special fund and used only for the purpose of administering	77170
and enforcing sections 3733.01 to 3733.08 of the Revised Code and	77171
the rules adopted thereunder.	77172

Sec. 3733.25. Any fee for the license required by section	77173
3733.24 of the Revised Code shall be determined in accordance with	77174
section 3709.09 of the Revised Code. The license fee shall include	77175
any additional amount determined by rule of the public health	77176
council, which shall be collected and transmitted by the board of	77177
health ~~district~~ to the director of health ~~for deposit in the state~~	77178
~~treasury to the credit of the general operations fund created in~~	77179
~~section 3701.83 of the Revised Code~~pursuant to section 3709.092	77180
of the Revised Code and shall be used by the director to	77181
administer and enforce sections 3733.21 to 3733.30 of the Revised	77182
Code and rules adopted thereunder. The portion of any fee retained	77183
by the health district shall be paid into a special fund which is	77184
hereby created in each health district and shall be used only by	77185
the board for the purpose of administering and enforcing sections	77186
3733.21 to 3733.30 of the Revised Code and the rules adopted	77187
thereunder. The health district may charge additional reasonable	77188
fees for the collection and bacteriological examination of any	77189
necessary water samples taken from a marina.	77190

Sec. 3733.43. (A) Except as otherwise provided in this	77191
division, prior to the fifteenth day of April in each year, every	77192
person who intends to operate an agricultural labor camp shall	77193
make application to the licensor for a license to operate such	77194
camp, effective for the calendar year in which it is issued. The	77195
licensor may accept an application on or after the fifteenth day	77196
of April. The license fees specified in this division shall be	77197
submitted to the licensor with the application for a license. No	77198
agricultural labor camp shall be operated in this state without a	77199
license. Any person operating an agricultural labor camp without a	77200
current and valid agricultural labor camp license is not excepted	77201
from compliance with sections 3733.41 to 3733.49 of the Revised	77202
Code by holding a valid and current hotel license. Each person	77203
proposing to open an agricultural labor camp shall submit with the	77204
application for a license any plans required by any rule adopted	77205
under section 3733.42 of the Revised Code. ~~The~~For any license	77206
issued on or after July 1, 2009, the annual license fee is	77207
~~seventy-five~~one hundred fifty dollars, unless the application for	77208
a license is made on or after the fifteenth day of April in any	77209
given year, in which case the annual license fee is one hundred	77210
sixty-six dollars. AnFor any license issued on or after July 1,	77211
2009, an additional fee of ~~ten~~twenty dollars per housing unit per	77212
year shall be assessed to defray the costs of enforcing sections	77213
3733.41 to 3733.49 of the Revised Code, unless the application for	77214
a license is made on or after the fifteenth day of April in any	77215
given year, in which case an additional fee of ~~fifteen~~forty-two	77216
dollars and fifty cents per housing unit shall be assessed. All	77217
fees collected under this division shall be deposited in the state	77218
treasury to the credit of the general operations fund created in	77219
section 3701.83 of the Revised Code and shall be used for the	77220
administration and enforcement of sections 3733.41 to 3733.49 of	77221
the Revised Code and rules adopted thereunder.	77222

(B) Any license under this section may be denied, suspended,	77223
or revoked by the licensor for violation of sections 3733.41 to	77224
3733.49 of the Revised Code or the rules adopted thereunder.	77225
Unless there is an immediate serious public health hazard, no	77226
denial, suspension, or revocation of a license shall be made	77227
effective until the person operating the agricultural labor camp	77228
has been given notice in writing of the specific violations and a	77229
reasonable time to make corrections. When the licensor determines	77230
that an immediate serious public health hazard exists, the	77231
licensor shall issue an order denying or suspending the license	77232
without a prior hearing.	77233

(C) All proceedings under this section are subject to Chapter	77234
119. of the Revised Code except as provided in section 3733.431 of	77235
the Revised Code.	77236

(D) Every occupant of an agricultural labor camp shall keep	77237
that part of the dwelling unit, and premises thereof, that the	77238
occupant occupies and controls in a clean and sanitary condition.	77239

Sec. 3734.05. (A)(1) Except as provided in divisions (A)(4),	77240
(8), and (9) of this section, no person shall operate or maintain	77241
a solid waste facility without a license issued under this	77242
division by the board of health of the health district in which	77243
the facility is located or by the director of environmental	77244
protection when the health district in which the facility is	77245
located is not on the approved list under section 3734.08 of the	77246
Revised Code.	77247

During the month of December, but before the first day of	77248
January of the next year, every person proposing to continue to	77249
operate an existing solid waste facility shall procure a license	77250
under this division to operate the facility for that year from the	77251
board of health of the health district in which the facility is	77252
located or, if the health district is not on the approved list	77253
under section 3734.08 of the Revised Code, from the director. The	77254
application for such a license shall be submitted to the board of	77255
health or to the director, as appropriate, on or before the last	77256
day of September of the year preceding that for which the license	77257
is sought. In addition to the application fee prescribed in	77258
division (A)(2) of this section, a person who submits an	77259
application after that date shall pay an additional ten per cent	77260
of the amount of the application fee for each week that the	77261
application is late. Late payment fees accompanying an application	77262
submitted to the board of health shall be credited to the special	77263
fund of the health district created in division (B) of section	77264
3734.06 of the Revised Code, and late payment fees accompanying an	77265
application submitted to the director shall be credited to the	77266
general revenue fund. A person who has received a license, upon	77267
sale or disposition of a solid waste facility, and upon consent of	77268
the board of health and the director, may have the license	77269
transferred to another person. The board of health or the director	77270
may include such terms and conditions in a license or revision to	77271
a license as are appropriate to ensure compliance with this	77272
chapter and rules adopted under it. The terms and conditions may	77273
establish the authorized maximum daily waste receipts for the	77274
facility. Limitations on maximum daily waste receipts shall be	77275
specified in cubic yards of volume for the purpose of regulating	77276
the design, construction, and operation of solid waste facilities.	77277
Terms and conditions included in a license or revision to a	77278
license by a board of health shall be consistent with, and pertain	77279
only to the subjects addressed in, the rules adopted under	77280
division (A) of section 3734.02 and division (D) of section	77281
3734.12 of the Revised Code.	77282

(2)(a) Except as provided in divisions (A)(2)(b), (8), and	77283
(9) of this section, each person proposing to open a new solid	77284
waste facility or to modify an existing solid waste facility shall	77285
submit an application for a permit with accompanying detail plans	77286
and specifications to the environmental protection agency for	77287
required approval under the rules adopted by the director pursuant	77288
to division (A) of section 3734.02 of the Revised Code and	77289
applicable rules adopted under division (D) of section 3734.12 of	77290
the Revised Code at least two hundred seventy days before proposed	77291
operation of the facility and shall concurrently make application	77292
for the issuance of a license under division (A)(1) of this	77293
section with the board of health of the health district in which	77294
the proposed facility is to be located.	77295

(b) On and after the effective date of the rules adopted	77296
under division (A) of section 3734.02 of the Revised Code and	77297
division (D) of section 3734.12 of the Revised Code governing	77298
solid waste transfer facilities, each person proposing to open a	77299
new solid waste transfer facility or to modify an existing solid	77300
waste transfer facility shall submit an application for a permit	77301
with accompanying engineering detail plans, specifications, and	77302
information regarding the facility and its method of operation to	77303
the environmental protection agency for required approval under	77304
those rules at least two hundred seventy days before commencing	77305
proposed operation of the facility and concurrently shall make	77306
application for the issuance of a license under division (A)(1) of	77307
this section with the board of health of the health district in	77308
which the facility is located or proposed.	77309

(c) Each application for a permit under division (A)(2)(a) or	77310
(b) of this section shall be accompanied by a nonrefundable	77311
application fee of four hundred dollars that shall be credited to	77312
the general revenue fund. Each application for an annual license	77313
under division (A)(1) or (2) of this section shall be accompanied	77314
by a nonrefundable application fee of one hundred dollars. If the	77315
application for an annual license is submitted to a board of	77316
health on the approved list under section 3734.08 of the Revised	77317
Code, the application fee shall be credited to the special fund of	77318
the health district created in division (B) of section 3734.06 of	77319
the Revised Code. If the application for an annual license is	77320
submitted to the director, the application fee shall be credited	77321
to the general revenue fund. If a permit or license is issued, the	77322
amount of the application fee paid shall be deducted from the	77323
amount of the permit fee due under division (Q) of section 3745.11	77324
of the Revised Code or the amount of the license fee due under	77325
division (A)(1), (2), (3), or (4) of section 3734.06 of the	77326
Revised Code.	77327

(d) As used in divisions (A)(2)(d), (e), and (f) of this	77328
section, "modify" means any of the following:	77329

(i) Any increase of more than ten per cent in the total	77330
capacity of a solid waste facility;	77331

(ii) Any expansion of the limits of solid waste placement at	77332
a solid waste facility;	77333

(iii) Any increase in the depth of excavation at a solid	77334
waste facility;	77335

(iv) Any change in the technique of waste receipt or type of	77336
waste received at a solid waste facility that may endanger human	77337
health, as determined by the director by rules adopted in	77338
accordance with Chapter 119. of the Revised Code.	77339

Not later than thirty-five days after submitting an	77340
application under division (A)(2)(a) or (b) of this section for a	77341
permit to open a new or modify an existing solid waste facility,	77342
the applicant, in conjunction with an officer or employee of the	77343
environmental protection agency, shall hold a public meeting on	77344
the application within the county in which the new or modified	77345
solid waste facility is or is proposed to be located or within a	77346
contiguous county. Not less than thirty days before holding the	77347
public meeting on the application, the applicant shall publish	77348
notice of the meeting in each newspaper of general circulation	77349
that is published in the county in which the facility is or is	77350
proposed to be located. If no newspaper of general circulation is	77351
published in the county, the applicant shall publish the notice in	77352
a newspaper of general circulation in the county. The notice shall	77353
contain the date, time, and location of the public meeting and a	77354
general description of the proposed new or modified facility. Not	77355
later than five days after publishing the notice, the applicant	77356
shall send by certified mail a copy of the notice and the date the	77357
notice was published to the director and the legislative authority	77358
of each municipal corporation, township, and county, and to the	77359
chief executive officer of each municipal corporation, in which	77360
the facility is or is proposed to be located. At the public	77361
meeting, the applicant shall provide information and describe the	77362
application and respond to comments or questions concerning the	77363
application, and the officer or employee of the agency shall	77364
describe the permit application process. At the public meeting,	77365
any person may submit written or oral comments on or objections to	77366
the application. Not more than thirty days after the public	77367
meeting, the applicant shall provide the director with a copy of a	77368
transcript of the full meeting, copies of any exhibits, displays,	77369
or other materials presented by the applicant at the meeting, and	77370
the original copy of any written comments submitted at the	77371
meeting.	77372

(e) Except as provided in division (A)(2)(f) of this section,	77373
prior to taking an action, other than a proposed or final denial,	77374
upon an application submitted under division (A)(2)(a) of this	77375
section for a permit to open a new or modify an existing solid	77376
waste facility, the director shall hold a public information	77377
session and a public hearing on the application within the county	77378
in which the new or modified solid waste facility is or is	77379
proposed to be located or within a contiguous county. If the	77380
application is for a permit to open a new solid waste facility,	77381
the director shall hold the hearing not less than fourteen days	77382
after the information session. If the application is for a permit	77383
to modify an existing solid waste facility, the director may hold	77384
both the information session and the hearing on the same day	77385
unless any individual affected by the application requests in	77386
writing that the information session and the hearing not be held	77387
on the same day, in which case the director shall hold the hearing	77388
not less than fourteen days after the information session. The	77389
director shall publish notice of the public information session or	77390
public hearing not less than thirty days before holding the	77391
information session or hearing, as applicable. The notice shall be	77392
published in each newspaper of general circulation that is	77393
published in the county in which the facility is or is proposed to	77394
be located. If no newspaper of general circulation is published in	77395
the county, the director shall publish the notice in a newspaper	77396
of general circulation in the county. The notice shall contain the	77397
date, time, and location of the information session or hearing, as	77398
applicable, and a general description of the proposed new or	77399
modified facility. At the public information session, an officer	77400
or employee of the environmental protection agency shall describe	77401
the status of the permit application and be available to respond	77402
to comments or questions concerning the application. At the public	77403
hearing, any person may submit written or oral comments on or	77404
objections to the approval of the application. The applicant, or a	77405
representative of the applicant who has knowledge of the location,	77406
construction, and operation of the facility, shall attend the	77407
information session and public hearing to respond to comments or	77408
questions concerning the facility directed to the applicant or	77409
representative by the officer or employee of the environmental	77410
protection agency presiding at the information session and	77411
hearing.	77412

(f) The solid waste management policy committee of a county	77413
or joint solid waste management district may adopt a resolution	77414
requesting expeditious consideration of a specific application	77415
submitted under division (A)(2)(a) of this section for a permit to	77416
modify an existing solid waste facility within the district. The	77417
resolution shall make the finding that expedited consideration of	77418
the application without the public information session and public	77419
hearing under division (A)(2)(e) of this section is in the public	77420
interest and will not endanger human health, as determined by the	77421
director by rules adopted in accordance with Chapter 119. of the	77422
Revised Code. Upon receiving such a resolution, the director, at	77423
the director's discretion, may issue a final action upon the	77424
application without holding a public information session or public	77425
hearing pursuant to division (A)(2)(e) of this section.	77426

(3) Except as provided in division (A)(10) of this section,	77427
and unless the owner or operator of any solid waste facility,	77428
other than a solid waste transfer facility or a compost facility	77429
that accepts exclusively source separated yard wastes, that	77430
commenced operation on or before July 1, 1968, has obtained an	77431
exemption from the requirements of division (A)(3) of this section	77432
in accordance with division (G) of section 3734.02 of the Revised	77433
Code, the owner or operator shall submit to the director an	77434
application for a permit with accompanying engineering detail	77435
plans, specifications, and information regarding the facility and	77436
its method of operation for approval under rules adopted under	77437
division (A) of section 3734.02 of the Revised Code and applicable	77438
rules adopted under division (D) of section 3734.12 of the Revised	77439
Code in accordance with the following schedule:	77440

(a) Not later than September 24, 1988, if the facility is	77441
located in the city of Garfield Heights or Parma in Cuyahoga	77442
county;	77443

(b) Not later than December 24, 1988, if the facility is	77444
located in Delaware, Greene, Guernsey, Hamilton, Madison,	77445
Mahoning, Ottawa, or Vinton county;	77446

(c) Not later than March 24, 1989, if the facility is located	77447
in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, or	77448
Washington county, or is located in the city of Brooklyn or	77449
Cuyahoga Heights in Cuyahoga county;	77450

(d) Not later than June 24, 1989, if the facility is located	77451
in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, Lucas, or	77452
Summit county or is located in Cuyahoga county outside the cities	77453
of Garfield Heights, Parma, Brooklyn, and Cuyahoga Heights;	77454

(e) Not later than September 24, 1989, if the facility is	77455
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	77456
county;	77457

(f) Not later than December 24, 1989, if the facility is	77458
located in a county not listed in divisions (A)(3)(a) to (e) of	77459
this section;	77460

(g) Notwithstanding divisions (A)(3)(a) to (f) of this	77461
section, not later than December 31, 1990, if the facility is a	77462
solid waste facility owned by a generator of solid wastes when the	77463
solid waste facility exclusively disposes of solid wastes	77464
generated at one or more premises owned by the generator	77465
regardless of whether the facility is located on a premises where	77466
the wastes are generated and if the facility disposes of more than	77467
one hundred thousand tons of solid wastes per year, provided that	77468
any such facility shall be subject to division (A)(5) of this	77469
section.	77470

(4) Except as provided in divisions (A)(8), (9), and (10) of	77471
this section, unless the owner or operator of any solid waste	77472
facility for which a permit was issued after July 1, 1968, but	77473
before January 1, 1980, has obtained an exemption from the	77474
requirements of division (A)(4) of this section under division (G)	77475
of section 3734.02 of the Revised Code, the owner or operator	77476
shall submit to the director an application for a permit with	77477
accompanying engineering detail plans, specifications, and	77478
information regarding the facility and its method of operation for	77479
approval under those rules.	77480

(5) The director may issue an order in accordance with	77481
Chapter 3745. of the Revised Code to the owner or operator of a	77482
solid waste facility requiring the person to submit to the	77483
director updated engineering detail plans, specifications, and	77484
information regarding the facility and its method of operation for	77485
approval under rules adopted under division (A) of section 3734.02	77486
of the Revised Code and applicable rules adopted under division	77487
(D) of section 3734.12 of the Revised Code if, in the director's	77488
judgment, conditions at the facility constitute a substantial	77489
threat to public health or safety or are causing or contributing	77490
to or threatening to cause or contribute to air or water pollution	77491
or soil contamination. Any person who receives such an order shall	77492
submit the updated engineering detail plans, specifications, and	77493
information to the director within one hundred eighty days after	77494
the effective date of the order.	77495

(6) The director shall act upon an application submitted	77496
under division (A)(3) or (4) of this section and any updated	77497
engineering plans, specifications, and information submitted under	77498
division (A)(5) of this section within one hundred eighty days	77499
after receiving them. If the director denies any such permit	77500
application, the order denying the application or disapproving the	77501
plans shall include the requirements that the owner or operator	77502
submit a plan for closure and post-closure care of the facility to	77503
the director for approval within six months after issuance of the	77504
order, cease accepting solid wastes for disposal or transfer at	77505
the facility, and commence closure of the facility not later than	77506
one year after issuance of the order. If the director determines	77507
that closure of the facility within that one-year period would	77508
result in the unavailability of sufficient solid waste management	77509
facility capacity within the county or joint solid waste	77510
management district in which the facility is located to dispose of	77511
or transfer the solid waste generated within the district, the	77512
director in the order of denial or disapproval may postpone	77513
commencement of closure of the facility for such period of time as	77514
the director finds necessary for the board of county commissioners	77515
or directors of the district to secure access to or for there to	77516
be constructed within the district sufficient solid waste	77517
management facility capacity to meet the needs of the district,	77518
provided that the director shall certify in the director's order	77519
that postponing the date for commencement of closure will not	77520
endanger ground water or any property surrounding the facility,	77521
allow methane gas migration to occur, or cause or contribute to	77522
any other type of environmental damage.	77523

If an emergency need for disposal capacity that may affect	77524
public health and safety exists as a result of closure of a	77525
facility under division (A)(6) of this section, the director may	77526
issue an order designating another solid waste facility to accept	77527
the wastes that would have been disposed of at the facility to be	77528
closed.	77529

(7) If the director determines that standards more stringent	77530
than those applicable in rules adopted under division (A) of	77531
section 3734.02 of the Revised Code and division (D) of section	77532
3734.12 of the Revised Code, or standards pertaining to subjects	77533
not specifically addressed by those rules, are necessary to ensure	77534
that a solid waste facility constructed at the proposed location	77535
will not cause a nuisance, cause or contribute to water pollution,	77536
or endanger public health or safety, the director may issue a	77537
permit for the facility with such terms and conditions as the	77538
director finds necessary to protect public health and safety and	77539
the environment. If a permit is issued, the director shall state	77540
in the order issuing it the specific findings supporting each such	77541
term or condition.	77542

(8) Divisions (A)(1), (2)(a), (3), and (4) of this section do	77543
not apply to a solid waste compost facility that accepts	77544
exclusively source separated yard wastes and that is registered	77545
under division (C) of section 3734.02 of the Revised Code or,	77546
unless otherwise provided in rules adopted under division (N)(3)	77547
of section 3734.02 of the Revised Code, to a solid waste compost	77548
facility if the director has adopted rules establishing an	77549
alternative system for authorizing the establishment, operation,	77550
or modification of a solid waste compost facility under that	77551
division.	77552

(9) Divisions (A)(1) to (7) of this section do not apply to	77553
scrap tire collection, storage, monocell, monofill, and recovery	77554
facilities. The approval of plans and specifications, as	77555
applicable, and the issuance of registration certificates,	77556
permits, and licenses for those facilities are subject to sections	77557
3734.75 to 3734.78 of the Revised Code, as applicable, and section	77558
3734.81 of the Revised Code.	77559

(10) Divisions (A)(3) and (4) of this section do not apply to	77560
a solid waste incinerator that was placed into operation on or	77561
before October 12, 1994, and that is not authorized to accept and	77562
treat infectious wastes pursuant to division (B) of this section.	77563

(B)(1) Each person who is engaged in the business of treating	77564
infectious wastes for profit at a treatment facility located off	77565
the premises where the wastes are generated that is in operation	77566
on August 10, 1988, and who proposes to continue operating the	77567
facility shall submit to the board of health of the health	77568
district in which the facility is located an application for a	77569
license to operate the facility.	77570

Thereafter, no person shall operate or maintain an infectious	77571
waste treatment facility without a license issued by the board of	77572
health of the health district in which the facility is located or	77573
by the director when the health district in which the facility is	77574
located is not on the approved list under section 3734.08 of the	77575
Revised Code.	77576

(2)(a) During the month of December, but before the first day	77577
of January of the next year, every person proposing to continue to	77578
operate an existing infectious waste treatment facility shall	77579
procure a license to operate the facility for that year from the	77580
board of health of the health district in which the facility is	77581
located or, if the health district is not on the approved list	77582
under section 3734.08 of the Revised Code, from the director. The	77583
application for such a license shall be submitted to the board of	77584
health or to the director, as appropriate, on or before the last	77585
day of September of the year preceding that for which the license	77586
is sought. In addition to the application fee prescribed in	77587
division (B)(2)(c) of this section, a person who submits an	77588
application after that date shall pay an additional ten per cent	77589
of the amount of the application fee for each week that the	77590
application is late. Late payment fees accompanying an application	77591
submitted to the board of health shall be credited to the special	77592
infectious waste fund of the health district created in division	77593
(C) of section 3734.06 of the Revised Code, and late payment fees	77594
accompanying an application submitted to the director shall be	77595
credited to the general revenue fund. A person who has received a	77596
license, upon sale or disposition of an infectious waste treatment	77597
facility and upon consent of the board of health and the director,	77598
may have the license transferred to another person. The board of	77599
health or the director may include such terms and conditions in a	77600
license or revision to a license as are appropriate to ensure	77601
compliance with the infectious waste provisions of this chapter	77602
and rules adopted under them.	77603

(b) Each person proposing to open a new infectious waste	77604
treatment facility or to modify an existing infectious waste	77605
treatment facility shall submit an application for a permit with	77606
accompanying detail plans and specifications to the environmental	77607
protection agency for required approval under the rules adopted by	77608
the director pursuant to section 3734.021 of the Revised Code two	77609
hundred seventy days before proposed operation of the facility and	77610
concurrently shall make application for a license with the board	77611
of health of the health district in which the facility is or is	77612
proposed to be located. Not later than ninety days after receiving	77613
a completed application under division (B)(2)(b) of this section	77614
for a permit to open a new infectious waste treatment facility or	77615
modify an existing infectious waste treatment facility to expand	77616
its treatment capacity, or receiving a completed application under	77617
division (A)(2)(a) of this section for a permit to open a new	77618
solid waste incineration facility, or modify an existing solid	77619
waste incineration facility to also treat infectious wastes or to	77620
increase its infectious waste treatment capacity, that pertains to	77621
a facility for which a notation authorizing infectious waste	77622
treatment is included or proposed to be included in the solid	77623
waste incineration facility's license pursuant to division (B)(3)	77624
of this section, the director shall hold a public hearing on the	77625
application within the county in which the new or modified	77626
infectious waste or solid waste facility is or is proposed to be	77627
located or within a contiguous county. Not less than thirty days	77628
before holding the public hearing on the application, the director	77629
shall publish notice of the hearing in each newspaper that has	77630
general circulation and that is published in the county in which	77631
the facility is or is proposed to be located. If there is no	77632
newspaper that has general circulation and that is published in	77633
the county, the director shall publish the notice in a newspaper	77634
of general circulation in the county. The notice shall contain the	77635
date, time, and location of the public hearing and a general	77636
description of the proposed new or modified facility. At the	77637
public hearing, any person may submit written or oral comments on	77638
or objections to the approval or disapproval of the application.	77639
The applicant, or a representative of the applicant who has	77640
knowledge of the location, construction, and operation of the	77641
facility, shall attend the public hearing to respond to comments	77642
or questions concerning the facility directed to the applicant or	77643
representative by the officer or employee of the environmental	77644
protection agency presiding at the hearing.	77645

(c) Each application for a permit under division (B)(2)(b) of	77646
this section shall be accompanied by a nonrefundable application	77647
fee of four hundred dollars that shall be credited to the general	77648
revenue fund. Each application for an annual license under	77649
division (B)(2)(a) of this section shall be accompanied by a	77650
nonrefundable application fee of one hundred dollars. If the	77651
application for an annual license is submitted to a board of	77652
health on the approved list under section 3734.08 of the Revised	77653
Code, the application fee shall be credited to the special	77654
infectious waste fund of the health district created in division	77655
(C) of section 3734.06 of the Revised Code. If the application for	77656
an annual license is submitted to the director, the application	77657
fee shall be credited to the general revenue fund. If a permit or	77658
license is issued, the amount of the application fee paid shall be	77659
deducted from the amount of the permit fee due under division (Q)	77660
of section 3745.11 of the Revised Code or the amount of the	77661
license fee due under division (C) of section 3734.06 of the	77662
Revised Code.	77663

(d) The owner or operator of any infectious waste treatment	77664
facility that commenced operation on or before July 1, 1968, shall	77665
submit to the director an application for a permit with	77666
accompanying engineering detail plans, specifications, and	77667
information regarding the facility and its method of operation for	77668
approval under rules adopted under section 3734.021 of the Revised	77669
Code in accordance with the following schedule:	77670

(i) Not later than December 24, 1988, if the facility is	77671
located in Delaware, Greene, Guernsey, Hamilton, Madison,	77672
Mahoning, Ottawa, or Vinton county;	77673

(ii) Not later than March 24, 1989, if the facility is	77674
located in Champaign, Clinton, Columbiana, Huron, Paulding, Stark,	77675
or Washington county, or is located in the city of Brooklyn,	77676
Cuyahoga Heights, or Parma in Cuyahoga county;	77677

(iii) Not later than June 24, 1989, if the facility is	77678
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain,	77679
Lucas, or Summit county or is located in Cuyahoga county outside	77680
the cities of Brooklyn, Cuyahoga Heights, and Parma;	77681

(iv) Not later than September 24, 1989, if the facility is	77682
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	77683
county;	77684

(v) Not later than December 24, 1989, if the facility is	77685
located in a county not listed in divisions (B)(2)(d)(i) to (iv)	77686
of this section.	77687

The owner or operator of an infectious waste treatment	77688
facility required to submit a permit application under division	77689
(B)(2)(d) of this section is not required to pay any permit	77690
application fee under division (B)(2)(c) of this section, or	77691
permit fee under division (Q) of section 3745.11 of the Revised	77692
Code, with respect thereto unless the owner or operator also	77693
proposes to modify the facility.	77694

(e) The director may issue an order in accordance with	77695
Chapter 3745. of the Revised Code to the owner or operator of an	77696
infectious waste treatment facility requiring the person to submit	77697
to the director updated engineering detail plans, specifications,	77698
and information regarding the facility and its method of operation	77699
for approval under rules adopted under section 3734.021 of the	77700
Revised Code if, in the director's judgment, conditions at the	77701
facility constitute a substantial threat to public health or	77702
safety or are causing or contributing to or threatening to cause	77703
or contribute to air or water pollution or soil contamination. Any	77704
person who receives such an order shall submit the updated	77705
engineering detail plans, specifications, and information to the	77706
director within one hundred eighty days after the effective date	77707
of the order.	77708

(f) The director shall act upon an application submitted	77709
under division (B)(2)(d) of this section and any updated	77710
engineering plans, specifications, and information submitted under	77711
division (B)(2)(e) of this section within one hundred eighty days	77712
after receiving them. If the director denies any such permit	77713
application or disapproves any such updated engineering plans,	77714
specifications, and information, the director shall include in the	77715
order denying the application or disapproving the plans the	77716
requirement that the owner or operator cease accepting infectious	77717
wastes for treatment at the facility.	77718

(3) Division (B) of this section does not apply to an	77719
infectious waste treatment facility that meets any of the	77720
following conditions:	77721

(a) Is owned or operated by the generator of the wastes and	77722
exclusively treats, by methods, techniques, and practices	77723
established by rules adopted under division (C)(1) or (3) of	77724
section 3734.021 of the Revised Code, wastes that are generated at	77725
any premises owned or operated by that generator regardless of	77726
whether the wastes are generated on the same premises where the	77727
generator's treatment facility is located or, if the generator is	77728
a hospital as defined in section 3727.01 of the Revised Code,	77729
infectious wastes that are described in division (A)(1)(g), (h),	77730
or (i) of section 3734.021 of the Revised Code;	77731

(b) Holds a license or renewal of a license to operate a	77732
crematory facility issued under Chapter 4717. and a permit issued	77733
under Chapter 3704. of the Revised Code;	77734

(c) Treats or disposes of dead animals or parts thereof, or	77735
the blood of animals, and is subject to any of the following:	77736

(i) Inspection under the "Federal Meat Inspection Act," 81	77737
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	77738

(ii) Chapter 918. of the Revised Code;

77739

(iii) Chapter 953. of the Revised Code.

77740

Nothing in division (B) of this section requires a facility	77741
that holds a license issued under division (A) of this section as	77742
a solid waste facility and that also treats infectious wastes by	77743
the same method, technique, or process to obtain a license under	77744
division (B) of this section as an infectious waste treatment	77745
facility. However, the solid waste facility license for the	77746
facility shall include the notation that the facility also treats	77747
infectious wastes.	77748

On and after the effective date of the amendments to the	77749
rules adopted under division (C)(2) of section 3734.021 of the	77750
Revised Code that are required by Section 6 of Substitute House	77751
Bill No. 98 of the 120th General Assembly, the director shall not	77752
issue a permit to open a new solid waste incineration facility	77753
unless the proposed facility complies with the requirements for	77754
the location of new infectious waste incineration facilities	77755
established in the required amendments to those rules.	77756

(C) Except for a facility or activity described in division	77757
(E)(3) of section 3734.02 of the Revised Code, a person who	77758
proposes to establish or operate a hazardous waste facility shall	77759
submit a complete application for a hazardous waste facility	77760
installation and operation permit and accompanying detail plans,	77761
specifications, and such information as the director may require	77762
to the environmental protection agency at least one hundred eighty	77763
days before the proposed beginning of operation of the facility.	77764
The applicant shall notify by certified mail the legislative	77765
authority of each municipal corporation, township, and county in	77766
which the facility is proposed to be located of the submission of	77767
the application within ten days after the submission or at such	77768
earlier time as the director may establish by rule. If the	77769
application is for a proposed new hazardous waste disposal or	77770
thermal treatment facility, the applicant also shall give actual	77771
notice of the general design and purpose of the facility to the	77772
legislative authority of each municipal corporation, township, and	77773
county in which the facility is proposed to be located at least	77774
ninety days before the permit application is submitted to the	77775
environmental protection agency.	77776

In accordance with rules adopted under section 3734.12 of the	77777
Revised Code, prior to the submission of a complete application	77778
for a hazardous waste facility installation and operation permit,	77779
the applicant shall hold at least one meeting in the township or	77780
municipal corporation in which the facility is proposed to be	77781
located, whichever is geographically closer to the proposed	77782
location of the facility. The meeting shall be open to the public	77783
and shall be held to inform the community of the proposed	77784
hazardous waste management activities and to solicit questions	77785
from the community concerning the activities.	77786

(D)(1) Except as provided in section 3734.123 of the Revised	77787
Code, upon receipt of a complete application for a hazardous waste	77788
facility installation and operation permit under division (C) of	77789
this section, the director shall consider the application and	77790
accompanying information to determine whether the application	77791
complies with agency rules and the requirements of division (D)(2)	77792
of this section. After making a determination, the director shall	77793
issue either a draft permit or a notice of intent to deny the	77794
permit. The director, in accordance with rules adopted under	77795
section 3734.12 of the Revised Code or with rules adopted to	77796
implement Chapter 3745. of the Revised Code, shall provide public	77797
notice of the application and the draft permit or the notice of	77798
intent to deny the permit, provide an opportunity for public	77799
comments, and, if significant interest is shown, schedule a public	77800
meeting in the county in which the facility is proposed to be	77801
located and give public notice of the date, time, and location of	77802
the public meeting in a newspaper of general circulation in that	77803
county.	77804

(2) The director shall not approve an application for a	77805
hazardous waste facility installation and operation permit or an	77806
application for a modification under division (I)(3) of this	77807
section unless the director finds and determines as follows:	77808

(a) The nature and volume of the waste to be treated, stored,	77809
or disposed of at the facility;	77810

(b) That the facility complies with the director's hazardous	77811
waste standards adopted pursuant to section 3734.12 of the Revised	77812
Code;	77813

(c) That the facility represents the minimum adverse	77814
environmental impact, considering the state of available	77815
technology and the nature and economics of various alternatives,	77816
and other pertinent considerations;	77817

(d) That the facility represents the minimum risk of all of	77818
the following:	77819

(i) Fires or explosions from treatment, storage, or disposal	77820
methods;	77821

(ii) Release of hazardous waste during transportation of	77822
hazardous waste to or from the facility;	77823

(iii) Adverse impact on the public health and safety.

77824

(e) That the facility will comply with this chapter and	77825
Chapters 3704. and 6111. of the Revised Code and all rules and	77826
standards adopted under them;	77827

(f) That if the owner of the facility, the operator of the	77828
facility, or any other person in a position with the facility from	77829
which the person may influence the installation and operation of	77830
the facility has been involved in any prior activity involving	77831
transportation, treatment, storage, or disposal of hazardous	77832
waste, that person has a history of compliance with this chapter	77833
and Chapters 3704. and 6111. of the Revised Code and all rules and	77834
standards adopted under them, the "Resource Conservation and	77835
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	77836
amended, and all regulations adopted under it, and similar laws	77837
and rules of other states if any such prior operation was located	77838
in another state that demonstrates sufficient reliability,	77839
expertise, and competency to operate a hazardous waste facility	77840
under the applicable provisions of this chapter and Chapters 3704.	77841
and 6111. of the Revised Code, the applicable rules and standards	77842
adopted under them, and terms and conditions of a hazardous waste	77843
facility installation and operation permit, given the potential	77844
for harm to the public health and safety and the environment that	77845
could result from the irresponsible operation of the facility. For	77846
off-site facilities, as defined in section 3734.41 of the Revised	77847
Code, the director may use the investigative reports of the	77848
attorney general prepared pursuant to section 3734.42 of the	77849
Revised Code as a basis for making a finding and determination	77850
under division (D)(2)(f) of this section.	77851

(g) That the active areas within a new hazardous waste	77852
facility where acute hazardous waste as listed in 40 C.F.R. 261.33	77853
(e), as amended, or organic waste that is toxic and is listed	77854
under 40 C.F.R. 261, as amended, is being stored, treated, or	77855
disposed of and where the aggregate of the storage design capacity	77856
and the disposal design capacity of all hazardous waste in those	77857
areas is greater than two hundred fifty thousand gallons, are not	77858
located or operated within any of the following:	77859

(i) Two thousand feet of any residence, school, hospital,	77860
jail, or prison;	77861

(ii) Any naturally occurring wetland;

77862

(iii) Any flood hazard area if the applicant cannot show that	77863
the facility will be designed, constructed, operated, and	77864
maintained to prevent washout by a one-hundred-year flood.	77865

Division (D)(2)(g) of this section does not apply to the	77866
facility of any applicant who demonstrates to the director that	77867
the limitations specified in that division are not necessary	77868
because of the nature or volume of the waste and the manner of	77869
management applied, the facility will impose no substantial danger	77870
to the health and safety of persons occupying the structures	77871
listed in division (D)(2)(g)(i) of this section, and the facility	77872
is to be located or operated in an area where the proposed	77873
hazardous waste activities will not be incompatible with existing	77874
land uses in the area.	77875

(h) That the facility will not be located within the	77876
boundaries of a state park established or dedicated under Chapter	77877
1541. of the Revised Code, a state park purchase area established	77878
under section 1541.02 of the Revised Code, any unit of the	77879
national park system, or any property that lies within the	77880
boundaries of a national park or recreation area, but that has not	77881
been acquired or is not administered by the secretary of the	77882
United States department of the interior, located in this state,	77883
or any candidate area located in this state identified for	77884
potential inclusion in the national park system in the edition of	77885
the "national park system plan" submitted under paragraph (b) of	77886
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	77887
U.S.C.A. 1a-5, as amended, current at the time of filing of the	77888
application for the permit, unless the facility will be used	77889
exclusively for the storage of hazardous waste generated within	77890
the park or recreation area in conjunction with the operation of	77891
the park or recreation area. Division (D)(2)(h) of this section	77892
does not apply to the facility of any applicant for modification	77893
of a permit unless the modification application proposes to	77894
increase the land area included in the facility or to increase the	77895
quantity of hazardous waste that will be treated, stored, or	77896
disposed of at the facility.	77897

(3) Not later than one hundred eighty days after the end of	77898
the public comment period, the director, without prior hearing,	77899
shall issue or deny the permit in accordance with Chapter 3745. of	77900
the Revised Code. If the director approves an application for a	77901
hazardous waste facility installation and operation permit, the	77902
director shall issue the permit, upon such terms and conditions as	77903
the director finds are necessary to ensure the construction and	77904
operation of the hazardous waste facility in accordance with the	77905
standards of this section.	77906

(E); No political subdivision of this state shall require any	77907
additional zoning or other approval, consent, permit, certificate,	77908
or condition for the construction or operation of a hazardous	77909
waste facility authorized by a hazardous waste facility	77910
installation and operation permit issued pursuant to this chapter,	77911
nor shall any political subdivision adopt or enforce any law,	77912
ordinance, or rule that in any way alters, impairs, or limits the	77913
authority granted in the permit.	77914

(F) The director may issue a single hazardous waste facility	77915
installation and operation permit to a person who operates two or	77916
more adjoining facilities where hazardous waste is stored,	77917
treated, or disposed of if the application includes detail plans,	77918
specifications, and information on all facilities. For the	77919
purposes of this section, "adjoining" means sharing a common	77920
boundary, separated only by a public road, or in such proximity	77921
that the director determines that the issuance of a single permit	77922
will not create a hazard to the public health or safety or the	77923
environment.	77924

(G) No person shall falsify or fail to keep or submit any	77925
plans, specifications, data, reports, records, manifests, or other	77926
information required to be kept or submitted to the director by	77927
this chapter or the rules adopted under it.	77928

(H)(1) Each person who holds an installation and operation	77929
permit issued under this section and who wishes to obtain a permit	77930
renewal shall submit a completed application for an installation	77931
and operation permit renewal and any necessary accompanying	77932
general plans, detail plans, specifications, and such information	77933
as the director may require to the director no later than one	77934
hundred eighty days prior to the expiration date of the existing	77935
permit or upon a later date prior to the expiration of the	77936
existing permit if the permittee can demonstrate good cause for	77937
the late submittal. The director shall consider the application	77938
and accompanying information, inspection reports of the facility,	77939
results of performance tests, a report regarding the facility's	77940
compliance or noncompliance with the terms and conditions of its	77941
permit and rules adopted by the director under this chapter, and	77942
such other information as is relevant to the operation of the	77943
facility and shall issue a draft renewal permit or a notice of	77944
intent to deny the renewal permit. The director, in accordance	77945
with rules adopted under this section or with rules adopted to	77946
implement Chapter 3745. of the Revised Code, shall give public	77947
notice of the application and draft renewal permit or notice of	77948
intent to deny the renewal permit, provide for the opportunity for	77949
public comments within a specified time period, schedule a public	77950
meeting in the county in which the facility is located if	77951
significant interest is shown, and give public notice of the	77952
public meeting.	77953

(2) Within sixty days after the public meeting or close of	77954
the public comment period, the director, without prior hearing,	77955
shall issue or deny the renewal permit in accordance with Chapter	77956
3745. of the Revised Code. The director shall not issue a renewal	77957
permit unless the director determines that the facility under the	77958
existing permit has a history of compliance with this chapter,	77959
rules adopted under it, the existing permit, or orders entered to	77960
enforce such requirements that demonstrates sufficient	77961
reliability, expertise, and competency to operate the facility	77962
henceforth under this chapter, rules adopted under it, and the	77963
renewal permit. If the director approves an application for a	77964
renewal permit, the director shall issue the permit subject to the	77965
payment of the annual permit fee required under division (E) of	77966
section 3734.02 of the Revised Code and upon such terms and	77967
conditions as the director finds are reasonable to ensure that	77968
continued operation, maintenance, closure, and post-closure care	77969
of the hazardous waste facility are in accordance with the rules	77970
adopted under section 3734.12 of the Revised Code.	77971

(3) An installation and operation permit renewal application	77972
submitted to the director that also contains or would constitute	77973
an application for a modification shall be acted upon by the	77974
director in accordance with division (I) of this section in the	77975
same manner as an application for a modification. In approving or	77976
disapproving the renewal portion of a permit renewal application	77977
containing an application for a modification, the director shall	77978
apply the criteria established under division (H)(2) of this	77979
section.	77980

(4) An application for renewal or modification of a permit	77981
that does not contain an application for a modification as	77982
described in divisions (I)(3)(a) to (d) of this section shall not	77983
be subject to division (D)(2) of this section.	77984

(I)(1) As used in this section, "modification" means a change	77985
or alteration to a hazardous waste facility or its operations that	77986
is inconsistent with or not authorized by its existing permit or	77987
authorization to operate. Modifications shall be classified as	77988
Class 1, 2, or 3 modifications in accordance with rules adopted	77989
under division (K) of this section. Modifications classified as	77990
Class 3 modifications, in accordance with rules adopted under that	77991
division, shall be further classified by the director as either	77992
Class 3 modifications that are to be approved or disapproved by	77993
the director under divisions (I)(3)(a) to (d) of this section or	77994
as Class 3 modifications that are to be approved or disapproved by	77995
the director under division (I)(5) of this section. Not later than	77996
thirty days after receiving a request for a modification under	77997
division (I)(4) of this section that is not listed in Appendix I	77998
to 40 C.F.R. 270.42 or in rules adopted under division (K) of this	77999
section, the director shall classify the modification and shall	78000
notify the owner or operator of the facility requesting the	78001
modification of the classification. Notwithstanding any other law	78002
to the contrary, ~~any~~a modification that involves the transfer of	78003
a hazardous waste facility installation and operation permit to a	78004
new owner or operator for any off-site facility as defined in	78005
section 3734.41 of the Revised Code shall be classified as a Class	78006
3 modification. The transfer of a hazardous waste facility	78007
installation and operation permit to a new owner or operator for a	78008
facility that is not an off-site facility shall be classified as a	78009
Class 1 modification requiring prior approval of the director.	78010

(2) Except as provided in section 3734.123 of the Revised	78011
Code, a hazardous waste facility installation and operation permit	78012
may be modified at the request of the director or upon the written	78013
request of the permittee only if any of the following applies:	78014

(a) The permittee desires to accomplish alterations,	78015
additions, or deletions to the permitted facility or to undertake	78016
alterations, additions, deletions, or activities that are	78017
inconsistent with or not authorized by the existing permit;	78018

(b) New information or data justify permit conditions in	78019
addition to or different from those in the existing permit;	78020

(c) The standards, criteria, or rules upon which the existing	78021
permit is based have been changed by new, amended, or rescinded	78022
standards, criteria, or rules, or by judicial decision after the	78023
existing permit was issued, and the change justifies permit	78024
conditions in addition to or different from those in the existing	78025
permit;	78026

(d) The permittee proposes to transfer the permit to another	78027
person.	78028

(3) The director shall approve or disapprove an application	78029
for a modification in accordance with division (D)(2) of this	78030
section and rules adopted under division (K) of this section for	78031
all of the following categories of Class 3 modifications:	78032

(a) Authority to conduct treatment, storage, or disposal at a	78033
site, location, or tract of land that has not been authorized for	78034
the proposed category of treatment, storage, or disposal activity	78035
by the facility's permit;	78036

(b) Modification or addition of a hazardous waste management	78037
unit, as defined in rules adopted under section 3734.12 of the	78038
Revised Code, that results in an increase in a facility's storage	78039
capacity of more than twenty-five per cent over the capacity	78040
authorized by the facility's permit, an increase in a facility's	78041
treatment rate of more than twenty-five per cent over the rate so	78042
authorized, or an increase in a facility's disposal capacity over	78043
the capacity so authorized. The authorized disposal capacity for a	78044
facility shall be calculated from the approved design plans for	78045
the disposal units at that facility. In no case during a	78046
five-year period shall a facility's storage capacity or treatment	78047
rate be modified to increase by more than twenty-five per cent in	78048
the aggregate without the director's approval in accordance with	78049
division (D)(2) of this section. Notwithstanding any provision of	78050
division (I) of this section to the contrary, a request for	78051
modification of a facility's annual total waste receipt limit	78052
shall be classified and approved or disapproved by the director	78053
under division (I)(5) of this section.	78054

(c) Authority to add any of the following categories of	78055
regulated activities not previously authorized at a facility by	78056
the facility's permit: storage at a facility not previously	78057
authorized to store hazardous waste, treatment at a facility not	78058
previously authorized to treat hazardous waste, or disposal at a	78059
facility not previously authorized to dispose of hazardous waste;	78060
or authority to add a category of hazardous waste management unit	78061
not previously authorized at the facility by the facility's	78062
permit. Notwithstanding any provision of division (I) of this	78063
section to the contrary, a request for authority to add or to	78064
modify an activity or a hazardous waste management unit for the	78065
purposes of performing a corrective action shall be classified and	78066
approved or disapproved by the director under division (I)(5) of	78067
this section.	78068

(d) Authority to treat, store, or dispose of waste types	78069
listed or characterized as reactive or explosive, in rules adopted	78070
under section 3734.12 of the Revised Code, or any acute hazardous	78071
waste listed in 40 C.F.R. 261.33(e), as amended, at a facility not	78072
previously authorized to treat, store, or dispose of those types	78073
of wastes by the facility's permit unless the requested authority	78074
is limited to wastes that no longer exhibit characteristics	78075
meeting the criteria for listing or characterization as reactive	78076
or explosive wastes, or for listing as acute hazardous waste, but	78077
still are required to carry those waste codes as established in	78078
rules adopted under section 3734.12 of the Revised Code because of	78079
the requirements established in 40 C.F.R. 261(a) and (e), as	78080
amended, that is, the "mixture," "derived-from," or "contained-in"	78081
regulations.	78082

(4) A written request for a modification from the permittee	78083
shall be submitted to the director and shall contain such	78084
information as is necessary to support the request. Requests for	78085
modifications shall be acted upon by the director in accordance	78086
with this section and rules adopted under it.	78087

(5) Class 1 modification applications that require prior	78088
approval of the director, as provided in division (I)(1) of this	78089
section or as determined in accordance with rules adopted under	78090
division (K) of this section, Class 2 modification applications,	78091
and Class 3 modification applications that are not described in	78092
divisions (I)(3)(a) to (d) of this section shall be approved or	78093
disapproved by the director in accordance with rules adopted under	78094
division (K) of this section. The board of county commissioners of	78095
the county, the board of township trustees of the township, and	78096
the city manager or mayor of the municipal corporation in which a	78097
hazardous waste facility is located shall receive notification of	78098
any application for a modification for that facility and shall be	78099
considered as interested persons with respect to the director's	78100
consideration of the application.	78101

~~For those modification applications for a transfer of a~~	78102
~~permit to a new owner or operator of a facility, the director also~~	78103
~~shall determine that, if the transferee owner or operator has been~~	78104
~~involved in any prior activity involving the transportation,~~	78105
~~treatment, storage, or disposal of hazardous waste, the transferee~~	78106
~~owner or operator has a history of compliance with this chapter~~	78107
~~and Chapters 3704. and 6111. of the Revised Code and all rules and~~	78108
~~standards adopted under them, the "Resource Conservation and~~	78109
~~Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as~~	78110
~~amended, and all regulations adopted under it, and similar laws~~	78111
~~and rules of another state if the transferee owner or operator~~	78112
~~owns or operates a facility in that state, that demonstrates~~	78113
~~sufficient reliability, expertise, and competency to operate a~~	78114
~~hazardous waste facility under this chapter and Chapters 3704. and~~	78115
~~6111. of the Revised Code, all rules and standards adopted under~~	78116
~~them, and terms and conditions of a hazardous waste facility~~	78117
~~installation and operation permit, given the potential for harm to~~	78118
~~the public health and safety and the environment that could result~~	78119
~~from the irresponsible operation of the facility. A permit may be~~	78120
~~transferred to a new owner or operator only pursuant to a Class 3~~	78121
~~permit modification.~~	78122

As used in division (I)~~(5)~~ of this section:

78123

(a) "Owner" means the person who owns a majority or	78124
controlling interest in a facility.	78125

(b) "Operator" means the person who is responsible for the	78126
overall operation of a facility.	78127

The director shall approve or disapprove an application for a	78128
Class 1 modification that requires the director's approval within	78129
sixty days after receiving the request for modification. The	78130
director shall approve or disapprove an application for a Class 2	78131
modification within three hundred days after receiving the request	78132
for modification. The director shall approve or disapprove an	78133
application for a Class 3 modification within three hundred	78134
sixty-five days after receiving the request for modification.	78135

(6) The approval or disapproval by the director of a Class 1	78136
modification application is not a final action that is appealable	78137
under Chapter 3745. of the Revised Code. The approval or	78138
disapproval by the director of a Class 2 modification or a Class 3	78139
modification is a final action that is appealable under that	78140
chapter. In approving or disapproving a request for a	78141
modification, the director shall consider all comments pertaining	78142
to the request that are received during the public comment period	78143
and the public meetings. The administrative record for appeal of a	78144
final action by the director in approving or disapproving a	78145
request for a modification shall include all comments received	78146
during the public comment period relating to the request for	78147
modification, written materials submitted at the public meetings	78148
relating to the request, and any other documents related to the	78149
director's action.	78150

(7) Notwithstanding any other provision of law to the	78151
contrary, a change or alteration to a hazardous waste facility	78152
described in division (E)(3)(a) or (b) of section 3734.02 of the	78153
Revised Code, or its operations, is a modification for the	78154
purposes of this section. An application for a modification at	78155
such a facility shall be submitted, classified, and approved or	78156
disapproved in accordance with divisions (I)(1) to (6) of this	78157
section in the same manner as a modification to a hazardous waste	78158
facility installation and operation permit.	78159

(J)(1) Except as provided in division (J)(2) of this section,	78160
an owner or operator of a hazardous waste facility that is	78161
operating in accordance with a permit by rule under rules adopted	78162
by the director under division (E)(3)(b) of section 3734.02 of the	78163
Revised Code shall submit either a hazardous waste facility	78164
installation and operation permit application for the facility or	78165
a modification application, whichever is required under division	78166
(J)(1)(a) or (b) of this section, within one hundred eighty days	78167
after the director has requested the application or upon a later	78168
date if the owner or operator demonstrates to the director good	78169
cause for the late submittal.	78170

(a) If the owner or operator does not have a hazardous waste	78171
facility installation and operation permit for any hazardous waste	78172
treatment, storage, or disposal activities at the facility, the	78173
owner or operator shall submit an application for such a permit to	78174
the director for the activities authorized by the permit by rule.	78175
Notwithstanding any other provision of law to the contrary, the	78176
director shall approve or disapprove the application for the	78177
permit in accordance with the procedures governing the approval or	78178
disapproval of permit renewals under division (H) of this section.	78179

(b) If the owner or operator has a hazardous waste facility	78180
installation and operation permit for hazardous waste treatment,	78181
storage, or disposal activities at the facility other than those	78182
authorized by the permit by rule, the owner or operator shall	78183
submit to the director a request for modification in accordance	78184
with division (I) of this section. Notwithstanding any other	78185
provision of law to the contrary, the director shall approve or	78186
disapprove the modification application in accordance with	78187
division (I)(5) of this section.	78188

(2) The owner or operator of a boiler or industrial furnace	78189
that is conducting thermal treatment activities in accordance with	78190
a permit by rule under rules adopted by the director under	78191
division (E)(3)(b) of section 3734.02 of the Revised Code shall	78192
submit a hazardous waste facility installation and operation	78193
permit application if the owner or operator does not have such a	78194
permit for any hazardous waste treatment, storage, or disposal	78195
activities at the facility or, if the owner or operator has such a	78196
permit for hazardous waste treatment, storage, or disposal	78197
activities at the facility other than thermal treatment activities	78198
authorized by the permit by rule, a modification application to	78199
add those activities authorized by the permit by rule, whichever	78200
is applicable, within one hundred eighty days after the director	78201
has requested the submission of the application or upon a later	78202
date if the owner or operator demonstrates to the director good	78203
cause for the late submittal. The application shall be accompanied	78204
by information necessary to support the request. The director	78205
shall approve or disapprove an application for a hazardous waste	78206
facility installation and operation permit in accordance with	78207
division (D) of this section and approve or disapprove an	78208
application for a modification in accordance with division (I)(3)	78209
of this section, except that the director shall not disapprove an	78210
application for the thermal treatment activities on the basis of	78211
the criteria set forth in division (D)(2)(g) or (h) of this	78212
section.	78213

(3) As used in division (J) of this section:

78214

(a) "Modification application" means a request for a	78215
modification submitted in accordance with division (I) of this	78216
section.	78217

(b) "Thermal treatment," "boiler," and "industrial furnace"	78218
have the same meanings as in rules adopted under section 3734.12	78219
of the Revised Code.	78220

(K) The director shall adopt, and may amend, suspend, or	78221
rescind, rules in accordance with Chapter 119. of the Revised Code	78222
in order to implement divisions (H) and (I) of this section.	78223
Except when in actual conflict with this section, rules governing	78224
the classification of and procedures for the modification of	78225
hazardous waste facility installation and operation permits shall	78226
be substantively and procedurally identical to the regulations	78227
governing hazardous waste facility permitting and permit	78228
modifications adopted under the "Resource Conservation and	78229
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	78230
amended.	78231

Sec. 3734.28. ~~All~~Except as otherwise provided in section	78232
3734.282 of the Revised Code, moneys collected under sections	78233
3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the	78234
Revised Code and ~~natural resource damages collected by the state~~	78235
under the "Comprehensive Environmental Response, Compensation, and	78236
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as	78237
amended, shall be paid into the state treasury to the credit of	78238
the hazardous waste clean-up fund, which is hereby created. In	78239
addition, any moneys recovered for costs paid from the fund for	78240
activities described in ~~division~~divisions (A)(1) and (2) of	78241
section 3745.12 of the Revised Code shall be credited to the fund.	78242
The environmental protection agency shall use the moneys in the	78243
fund for the purposes set forth in division (D) of section	78244
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25,	78245
3734.26, and 3734.27, ~~and, through October 15, 2005,~~ divisions	78246
(A)(1) and (2) of section 3745.12, and Chapter 3746. of the	78247
Revised Code, including any related enforcement expenses. In	78248
addition, the agency shall use the moneys in the fund to pay the	78249
state's long-term operation and maintenance costs or matching	78250
share for actions taken under the "Comprehensive Environmental	78251
Response, Compensation, and Liability Act of 1980," as amended. If	78252
those moneys are reimbursed by grants or other moneys from the	78253
United States or any other person, the moneys shall be placed in	78254
the fund and not in the general revenue fund.	78255

The director of environmental protection may enter into	78256
contracts and grant agreements with federal, state, or local	78257
government agencies, nonprofit organizations, and colleges and	78258
universities for the purpose of carrying out the responsibilities	78259
of the environmental protection agency for which money may be	78260
expended from the fund.	78261

Sec. 3734.281. ~~Notwithstanding any provision of law to the~~	78262
~~contrary, any moneys set aside by the state for the cleanup and~~	78263
~~remediation of the Ashtabula river; any~~Except as otherwise	78264
provided in section 3734.282 of the Revised Code, moneys collected	78265
from judgements for the state or settlements ~~made by~~with the	78266
director of environmental protection, including those associated	78267
with bankruptcies, related to actions brought under Chapter 3714.	78268
and section 3734.13, 3734.20, 3734.22, 6111.03, or 6111.04 of the	78269
Revised Code; and ~~any~~ moneys received under the "Comprehensive	78270
Environmental Response, Compensation, and Liability Act of 1980,"	78271
94 Stat. 2767, 42 U.S.C. ~~9602~~9601 et seq., as amended, may be	78272
paid into the state treasury to the credit of the environmental	78273
protection remediation fund, which is hereby created. The	78274
environmental protection agency shall use the moneys in the fund	78275
only for the purpose of remediating conditions at a hazardous	78276
waste facility, a solid waste facility, a construction and	78277
demolition debris facility licensed under Chapter 3714. of the	78278
Revised Code, or another location at which the director has reason	78279
to believe there is a substantial threat to public health or	78280
safety or the environment. Remediation may include the direct and	78281
indirect costs associated with the overseeing, supervising,	78282
performing, verifying, or reviewing of remediation activities by	78283
agency employees. All investment earnings of the fund shall be	78284
credited to the fund.	78285

The director of environmental protection may enter into	78286
contracts and grant agreements with federal, state, or local	78287
government agencies, nonprofit organizations, and colleges and	78288
universities for the purpose of carrying out the responsibilities	78289
of the environmental protection agency for which money may be	78290
expended from the fund.	78291

Sec. 3734.282. All money collected by the state for natural	78292
resources damages under the "Comprehensive Environmental Response,	78293
Compensation, and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.	78294
9601 et seq., as amended, the "Oil Pollution Act of 1990," 104	78295
Stat. 484, 33 U.S.C. 2701 et seq., as amended, the "Clean Water	78296
Act," 86 Stat. 862, 33 U.S.C. 1321, as amended, or any other	78297
applicable federal or state law shall be paid into the state	78298
treasury to the credit of the natural resource damages fund, which	78299
is hereby created. The director of environmental protection shall	78300
use money in the fund only in accordance with the purposes of and	78301
the limitations on natural resources damages set forth in the	78302
"Comprehensive Environmental Response, Compensation, and Liability	78303
Act of 1980," as amended, the "Oil Pollution Act of 1990," as	78304
amended, the "Clean Water Act," as amended, or another applicable	78305
federal or state law. All investment earnings of the fund shall be	78306
credited to the fund.	78307

The director of environmental protection may enter into	78308
contracts and grant agreements with federal, state, or local	78309
government agencies, nonprofit organizations, and colleges and	78310
universities for the purpose of carrying out the director's	78311
responsibilities for which money may be expended from the fund.	78312

Sec. 3734.53. (A) The solid waste management plan of any	78313
county or joint solid waste management district shall be prepared	78314
in a format prescribed by the director of environmental protection	78315
and shall provide for compliance with the objectives of the state	78316
solid waste management plan and rules adopted under section	78317
3734.50 of the Revised Code. The plan shall provide for,	78318
demonstrate, and certify the availability of and access to	78319
sufficient solid waste management facility capacity to meet the	78320
solid waste management needs of the district for the ten-year	78321
period covered by the plan. The solid waste management policy	78322
committee of a county or joint district created in section 3734.54	78323
of the Revised Code may prepare and submit a solid waste	78324
management plan that covers and makes the required demonstration	78325
for a longer period of time.	78326

The solid waste management plan shall contain all of the	78327
following:	78328

(1) An inventory of the sources, composition, and quantities	78329
of solid wastes generated in the district during the current year;	78330

(2) An inventory of all existing facilities where solid	78331
wastes are being disposed of, all resource recovery facilities,	78332
and all recycling activities within the district. The inventory	78333
shall identify each such facility or activity and, for each	78334
disposal facility, shall estimate the remaining disposal capacity	78335
available at the facility. The inventory shall be accompanied by a	78336
map that shows the location of each such existing facility or	78337
activity.	78338

(3) An inventory of existing solid waste collection systems	78339
and routes, transportation systems and routes, and transfer	78340
facilities within the district. The inventory shall identify the	78341
entities engaging in solid waste collection within the district.	78342

(4) An inventory of open dumping sites for solid wastes,	78343
including solid wastes consisting of scrap tires, and facilities	78344
for the disposal of fly ash and bottom ash, foundry sand, and slag	78345
within the district. The inventory shall identify each such site	78346
or facility and shall be accompanied by a map that shows the	78347
location of each of them.	78348

(5) A projection of population changes within the district	78349
during the next ten years;	78350

(6) For each year of the forecast period, projections of the	78351
amounts and composition of solid wastes that will be generated	78352
within the district, the amounts of solid wastes originating	78353
outside the district that will be brought into the district for	78354
disposal or resource recovery, the nature of industrial activities	78355
within the district, and the effect of newly regulated waste	78356
streams, solid waste minimization activities, and solid waste	78357
recycling and reuse activities on solid waste generation rates.	78358
For each year of the forecast period, projections of waste	78359
quantities shall be compiled as an aggregate quantity of wastes.	78360

(7) An identification of the additional solid waste	78361
management facilities and the amount of additional capacity needed	78362
to dispose of the quantities of wastes projected in division	78363
(A)(6) of this section;	78364

(8) A strategy for identification of sites for the additional	78365
solid waste management facilities and capacity identified under	78366
division (A)(7) of this section;	78367

(9) An analysis and comparison of the capital and operating	78368
costs of the solid waste disposal facilities, solid waste resource	78369
recovery facilities, and solid waste recycling and reuse	78370
activities necessary to meet the solid waste management needs of	78371
the district, projected in five- and ten-year increments;	78372

(10) An analysis of expenses for which the district is liable	78373
under section 3734.35 of the Revised Code;	78374

(11) A projection of solid waste transfer facilities that	78375
will be needed in conjunction with existing solid waste facilities	78376
and those projected under division (A)(7) of this section;	78377

(12) Such other projections as the district considers	78378
necessary or appropriate to ascertain and meet the solid waste	78379
management needs of the district during the period covered by the	78380
plan;	78381

(13) A schedule for implementation of the plan that, when	78382
applicable, contains all of the following:	78383

(a) An identification of the solid waste disposal, transfer,	78384
and resource recovery facilities and recycling activities	78385
contained in the plan where solid wastes generated within or	78386
transported into the district will be taken for disposal,	78387
transfer, resource recovery, or recycling. An initial or amended	78388
plan prepared and ordered to be implemented by the director under	78389
section 3734.521, 3734.55, or 3734.56 of the Revised Code may	78390
designate solid waste disposal, transfer, or resource recovery	78391
facilities or recycling activities that are owned by a municipal	78392
corporation, county, county or joint solid waste management	78393
district, township, or township waste disposal district created	78394
under section 505.28 of the Revised Code for which debt issued	78395
under Chapter 133., 343., or 6123. of the Revised Code is	78396
outstanding where solid wastes generated within or transported	78397
into the district shall be taken for disposal, transfer, resource	78398
recovery, or recycling.	78399

(b) A schedule for closure of existing solid waste	78400
facilities, expansion of existing facilities, and establishment of	78401
new facilities. The schedule for expansion of existing facilities	78402
or establishment of new facilities shall include, without	78403
limitation, the approximate dates for filing applications for	78404
appropriate permits to install or modify those facilities under	78405
section 3734.05 of the Revised Code.	78406

(c) A schedule for implementation of solid waste recycling,	78407
reuse, and reduction programs needed to meet the waste reduction,	78408
recycling, reuse, and minimization objectives of the state solid	78409
waste management plan and rules adopted by the director under	78410
section 3734.50 of the Revised Code;	78411

(d) The methods of financing implementation of the plan and a	78412
demonstration of the availability of financial resources for that	78413
purpose.	78414

(14) A program for providing informational or technical	78415
assistance regarding source reduction to solid waste generators,	78416
or particular categories of solid waste generators, within the	78417
district. The plan shall set forth the types of assistance to be	78418
provided by the district and the specific categories of generators	78419
that are to be served. The district has the sole discretion to	78420
determine the types of assistance that are to be provided under	78421
the program and the categories of generators to be served by it.	78422

(B) In addition to the information, projections,	78423
demonstrations, and certification required by division (A) of this	78424
section, a plan shall do all of the following:	78425

(1) Establish the schedule of fees, if any, to be levied	78426
under divisions (B)(1) to (3) of section 3734.57 of the Revised	78427
Code;	78428

(2) Establish the fee, if any, to be levied under division	78429
(A) of section 3734.573 of the Revised Code;	78430

(3) Contain provisions governing the allocation among the	78431
purposes enumerated in divisions (G)(1) to (10) of section 3734.57	78432
of the Revised Code of the moneys credited to the special fund of	78433
the district under division (G) of that section that are available	78434
for expenditure by the district under that division. The plan	78435
shall do all of the following:	78436

(a) Ensure that sufficient of the moneys so credited to and	78437
available from the special fund are available for use by the solid	78438
waste management policy committee of the district at the time the	78439
moneys are needed to monitor implementation of the plan and	78440
conduct its periodic review and amendment as required under	78441
section 3734.56 of the Revised Code;	78442

(b) Contain provisions governing the allocation and	78443
distribution of moneys credited to and available from the special	78444
fund of the district to health districts within the county or	78445
joint district that have approved programs under section 3734.08	78446
of the Revised Code for the purposes of division (G)(3) of section	78447
3734.57 of the Revised Code;	78448

(c) Contain provisions governing the allocation and	78449
distribution of moneys credited to and available from the special	78450
fund of the district to the county in which solid waste facilities	78451
are or are to be located and operated under the plan for the	78452
purposes of division (G)(4) of section 3734.57 of the Revised	78453
Code;	78454

(d) Contain provisions governing the allocation and	78455
distribution, pursuant to contracts entered into for that purpose,	78456
of moneys credited to and available from the special fund of the	78457
district to boards of health within the district in which solid	78458
waste facilities contained in the district's plan are located for	78459
the purposes of division (G)(5) of section 3734.57 of the Revised	78460
Code.	78461

(4) Incorporate all solid waste recycling activities that	78462
were in operation within the district on the effective date of the	78463
plan.	78464

(C) The solid waste management plan of a county or joint	78465
district may provide for the adoption of rules under division (G)	78466
of section 343.01 of the Revised Code after approval of the plan	78467
under section 3734.521 or 3734.55 of the Revised Code doing any or	78468
all of the following:	78469

(1) Prohibiting or limiting the receipt at facilities ~~covered~~	78470
~~by the plan~~located within the solid waste management district of	78471
solid wastes generated outside the district or outside a	78472
prescribed service area consistent with the projections under	78473
divisions (A)(6) and (7) of this section~~, except that~~. However,	78474
rules adopted by a board under division (C)(1) of this section	78475
may be adopted and enforced with respect to solid waste disposal	78476
facilities in the solid waste management district that are not	78477
owned by a county or the solid waste management district only if	78478
the board submits an application to the director of	78479
environmental protection that demonstrates that there is	78480
insufficient capacity to dispose of all solid wastes that are	78481
generated within the district at the solid waste disposal	78482
facilities located within the district and the director approves	78483
the application. The demonstration in the application shall be	78484
based on projections contained in the plan or amended plan of the	78485
district. The director shall establish the form of the	78486
application. The approval or disapproval of such an application by	78487
the director is an action that is appealable under section 3745.04	78488
of the Revised Code.	78489

In addition, the director of environmental protection may	78490
issue an order modifying a rule authorized to be adopted under	78491
division (C)(1) of this section to allow the disposal in the	78492
district of wastes from another county or joint solid waste	78493
management district if all of the following apply:	78494

(a) The district in which the wastes were generated does not	78495
have sufficient capacity to dispose of solid wastes generated	78496
within it for six months following the date of the director's	78497
order;	78498

(b) No new solid waste facilities will begin operation during	78499
those six months in the district in which the wastes were	78500
generated and, despite good faith efforts to do so, it is	78501
impossible to site new solid waste facilities within the district	78502
because of its high population density;	78503

(c) The district in which the wastes were generated has made	78504
good faith efforts to negotiate with other districts to	78505
incorporate its disposal needs within those districts' solid waste	78506
management plans, including efforts to develop joint facilities	78507
authorized under section 343.02 of the Revised Code, and the	78508
efforts have been unsuccessful;	78509

(d) The district in which the wastes were generated has	78510
located a facility willing to accept the district's solid wastes	78511
for disposal within the receiving district;	78512

(e) The district in which the wastes were generated has	78513
demonstrated to the director that the conditions specified in	78514
divisions (C)(1)(a) to (d) of this section have been met;	78515

(f) The director finds that the issuance of the order will be	78516
consistent with the state solid waste management plan and that	78517
receipt of the out-of-district wastes will not limit the capacity	78518
of the receiving district to dispose of its in-district wastes to	78519
less than eight years. Any order issued under division (C)(1) of	78520
this section shall not become final until thirty days after it has	78521
been served by certified mail upon the county or joint solid waste	78522
management district that will receive the out-of-district wastes.	78523

(2) Governing the maintenance, protection, and use of solid	78524
waste collection, storage, disposal, transfer, recycling,	78525
processing, and resource recovery facilities within the district	78526
and requiring the submission of general plans and specifications	78527
for the construction, enlargement, or modification of any such	78528
facility to the board of county commissioners or board of	78529
directors of the district for review and approval as complying	78530
with the plan or amended plan of the district;	78531

(3) Governing development and implementation of a program for	78532
the inspection of solid wastes generated outside the boundaries of	78533
the state that are being disposed of at solid waste facilities	78534
included in the district's plan;	78535

(4) Exempting the owner or operator of any existing or	78536
proposed solid waste facility provided for in the plan from	78537
compliance with any amendment to a township zoning resolution	78538
adopted under section 519.12 of the Revised Code or to a county	78539
rural zoning resolution adopted under section 303.12 of the	78540
Revised Code that rezoned or redistricted the parcel or parcels	78541
upon which the facility is to be constructed or modified and that	78542
became effective within two years prior to the filing of an	78543
application for a permit required under division (A)(2)(a) of	78544
section 3734.05 of the Revised Code to open a new or modify an	78545
existing solid waste facility.	78546

(D) Except for the inventories required by divisions (A)(1),	78547
(2), and (4) of this section and the projections required by	78548
division (A)(6) of this section, neither this section nor the	78549
solid waste management plan of a county or joint district applies	78550
to the construction, operation, use, repair, or maintenance of	78551
either of the following:	78552

(1) A solid waste facility owned by a generator of solid	78553
wastes when the solid waste facility exclusively disposes of solid	78554
wastes generated at one or more premises owned by the generator	78555
regardless of whether the facility is located on a premises where	78556
the wastes are generated;	78557

(2) A facility that exclusively disposes of wastes that are	78558
generated from the combustion of coal, or from the combustion of	78559
primarily coal in combination with scrap tires, that is not	78560
combined in any way with garbage at one or more premises owned by	78561
the generator.	78562

(E)(1) The initial solid waste management plans prepared by	78563
county or joint districts under section 3734.521 of the Revised	78564
Code and the amended plans prepared under section 3734.521 or	78565
3734.56 of the Revised Code shall contain a clear statement as to	78566
whether the board of county commissioners or directors is	78567
authorized to or precluded from establishing facility designations	78568
under section 343.014 of the Revised Code.	78569

(2) A policy committee that is preparing a draft or revised	78570
draft plan under section 3734.55 of the Revised Code on October	78571
29, 1993, may include in the draft or revised draft plan only one	78572
of the following pertaining to the solid waste facilities or	78573
recycling activities where solid wastes generated within or	78574
transported into the district are to be taken for disposal,	78575
transfer, resource recovery, or recycling:	78576

(a) The designations required under former division	78577
(A)(12)(a) of this section as it existed prior to October 29,	78578
1993;	78579

(b) The identifications required in division (A)(12)(a) of	78580
this section and the statement required under division (E)(1) of	78581
this section;	78582

78583

(i) The designations required under former division	78584
(A)(12)(a) of this section as it existed prior to October 29,	78585
1993, except that those designations only shall pertain to solid	78586
waste disposal, transfer, or resource recovery facilities or	78587
recycling activities that are owned by a municipal corporation,	78588
county, county or joint solid waste management district, township,	78589
or township waste disposal district created under section 505.28	78590
of the Revised Code for which debt issued under Chapter 133.,	78591
343., or 6123. of the Revised Code is outstanding;	78592

(ii) The identifications required under division (A)(12)(a)	78593
of this section, and the statement required under division (E)(1)	78594
of this section, pertaining to the solid waste facilities and	78595
recycling activities described in division (A) of section 343.014	78596
of the Revised Code.	78597

(F) Notwithstanding section 3734.01 of the Revised Code,	78598
"solid wastes" does not include scrap tires and "facility" does	78599
not include any scrap tire collection, storage, monocell,	78600
monofill, or recovery facility in either of the following	78601
circumstances:	78602

(1) For the purposes of an initial plan prepared and ordered	78603
to be implemented by the director under section 3734.55 of the	78604
Revised Code;	78605

(2) For the purposes of an initial or amended plan prepared	78606
and ordered to be implemented by the director under division (D)	78607
or (F)(1) or (2) of section 3734.521 of the Revised Code in	78608
connection with a change in district composition as defined in	78609
that section that involves an existing district that is operating	78610
under either an initial plan approved or prepared and ordered to	78611
be implemented under section 3734.55 of the Revised Code or an	78612
initial or amended plan approved or prepared and ordered to be	78613
implemented under section 3734.521 of the Revised Code that does	78614
not provide for the management of scrap tires and scrap tire	78615
facilities.	78616

(G) Notwithstanding section 3734.01 of the Revised Code, and	78617
except as provided in division (A)(4) of this section, "solid	78618
wastes" need not include scrap tires and "facility" need not	78619
include any scrap tire collection, storage, monocell, monofill, or	78620
recovery facility in either of the following circumstances:	78621

(1) For the purposes of an initial plan prepared under	78622
sections 3734.54 and 3734.55 of the Revised Code unless the solid	78623
waste management policy committee preparing the initial plan	78624
chooses to include the management of scrap tires and scrap tire	78625
facilities in the plan;	78626

(2) For the purposes of a preliminary demonstration of	78627
capacity as defined in section 3734.521 of the Revised Code, if	78628
any, and an initial or amended plan prepared under that section by	78629
the solid waste management policy committee of a solid waste	78630
management district resulting from proceedings for a change in	78631
district composition under sections 343.012 and 3734.521 of the	78632
Revised Code that involves an existing district that is operating	78633
either under an initial plan approved or prepared and ordered to	78634
be implemented under section 3734.55 of the Revised Code or under	78635
an initial or amended plan approved or prepared and ordered to be	78636
implemented under section 3734.521 of the Revised Code that does	78637
not provide for the management of scrap tires and scrap tire	78638
facilities unless the solid waste management policy committee of	78639
the district resulting from the change chooses to include the	78640
management of scrap tires and scrap tire facilities in the	78641
preliminary demonstration of capacity, if any, and the initial or	78642
amended plan prepared under section 3734.521 of the Revised Code	78643
in connection with the change proceedings.	78644

If a policy committee chooses to include the management of	78645
scrap tires and scrap tire facilities in an initial plan pursuant	78646
to division (G)(1) of this section, the initial plan shall	78647
incorporate all of the elements required under this section, and	78648
may incorporate any of the elements authorized under this section,	78649
for the purpose of managing solid wastes that consist of scrap	78650
tires and solid waste facilities that are scrap tire collection,	78651
storage, monocell, monofill, or recovery facilities. If a policy	78652
committee chooses to provide for the management of scrap tires and	78653
scrap tire facilities pursuant to division (G)(2) of this section,	78654
the preliminary demonstration of capacity, if one is required,	78655
shall incorporate all of the elements required under division	78656
(E)(1) or (2) of section 3734.521 of the Revised Code, as	78657
appropriate, for the purpose of managing solid wastes that consist	78658
of scrap tires and solid waste facilities that are scrap tire	78659
collection, storage, monocell, monofill, or recovery facilities.	78660
The initial or amended plan also shall incorporate all of the	78661
elements required under this section, and may incorporate any of	78662
the elements authorized under this section, for the purpose of	78663
managing solid wastes that consist of scrap tires and solid waste	78664
facilities that are scrap tire collection, storage, monocell,	78665
monofill, or recovery facilities.	78666

(H) Neither this section nor the solid waste management plan	78667
of a county or joint district applies to the construction,	78668
operation, use, repair, or maintenance of any compost facility	78669
that exclusively composts raw rendering material.	78670

Sec. 3734.57. (A) The following fees are hereby levied on	78671
the transfer or disposal of solid wastes in this state:	78672

(1) One dollar per ton on and after July 1, 2003, through	78673
June 30, ~~2010~~2012, one-half of the proceeds of which shall be	78674
deposited in the state treasury to the credit of the hazardous	78675
waste facility management fund created in section 3734.18 of the	78676
Revised Code and one-half of the proceeds of which shall be	78677
deposited in the state treasury to the credit of the hazardous	78678
waste clean-up fund created in section 3734.28 of the Revised	78679
Code;	78680

(2) An additional one dollar per ton on and after July 1,	78681
2003, through June 30, ~~2010~~2012, the proceeds of which shall be	78682
deposited in the state treasury to the credit of the solid waste	78683
fund, which is hereby created. The environmental protection agency	78684
shall use money in the solid waste fund to pay the costs of	78685
administering and enforcing the laws pertaining to solid wastes,	78686
infectious wastes, and construction and demolition debris,	78687
including, without limitation, ground water evaluations related to	78688
solid wastes, infectious wastes, and construction and demolition	78689
debris, under this chapter and Chapter 3714. of the Revised Code	78690
and any rules adopted under them, providing compliance assistance	78691
to small businesses, and paying a share of the administrative	78692
costs of the environmental protection agency pursuant to section	78693
3745.014 of the Revised Code.	78694

(3) An additional one dollar and fifty cents per ton on and	78695
after July 1, 2005, through June 30, ~~2010~~2012, the proceeds of	78696
which shall be deposited in the state treasury to the credit of	78697
the environmental protection fund created in section 3745.015 of	78698
the Revised Code;	78699

(4) An additional one dollar per ton on and after August 1,	78700
2009, through June 30, 2012, the proceeds of which shall be	78701
deposited in the state treasury to the credit of the environmental	78702
protection fund. The fee established in division (A)(4) of this	78703
section does not apply to a solid waste transfer facility or solid	78704
waste disposal facility if the facility is located in a county	78705
that has a population equal to or greater than four hundred	78706
thousand according to the most recent decennial federal census and	78707
the property boundary of the facility is located within fifteen	78708
miles of the property boundary of a solid waste disposal facility	78709
in another state.	78710

(5) An additional twenty-five cents per ton on and after	78711
August 1, 2009, through June 30, 2012, the proceeds of which	78712
shall be deposited in the state treasury to the credit of the	78713
soil and water conservation district assistance fund created in	78714
section 1515.14 of the Revised Code. The fee established in	78715
division (A)(5) of this section does not apply to a solid waste	78716
transfer facility or solid waste disposal facility if the facility	78717
is located in a county that has a population equal to or greater	78718
than four hundred thousand according to the most recent decennial	78719
federal census and the property boundary of the facility is	78720
located within fifteen miles of the property boundary of a solid	78721
waste disposal facility in another state.	78722

In the case of solid wastes that are taken to a solid waste	78723
transfer facility located in this state prior to being transported	78724
for disposal at a solid waste disposal facility located in this	78725
state or outside of this state, the fees levied under this	78726
division shall be collected by the owner or operator of the	78727
transfer facility as a trustee for the state. The amount of fees	78728
required to be collected under this division at such a transfer	78729
facility shall equal the total tonnage of solid wastes received at	78730
the facility multiplied by the fees levied under this division. In	78731
the case of solid wastes that are not taken to a solid waste	78732
transfer facility located in this state prior to being transported	78733
to a solid waste disposal facility, the fees shall be collected by	78734
the owner or operator of the solid waste disposal facility as a	78735
trustee for the state. The amount of fees required to be collected	78736
under this division at such a disposal facility shall equal the	78737
total tonnage of solid wastes received at the facility that was	78738
not previously taken to a solid waste transfer facility located in	78739
this state multiplied by the fees levied under this division. Fees	78740
levied under this division do not apply to materials separated	78741
from a mixed waste stream for recycling by a generator or	78742
materials removed from the solid waste stream through recycling,	78743
as "recycling" is defined in rules adopted under section 3734.02	78744
of the Revised Code.	78745

The owner or operator of a solid waste transfer facility or	78746
disposal facility, as applicable, shall prepare and file with the	78747
director of environmental protection each month a return	78748
indicating the total tonnage of solid wastes received at the	78749
facility during that month and the total amount of the fees	78750
required to be collected under this division during that month. In	78751
addition, the owner or operator of a solid waste disposal facility	78752
shall indicate on the return the total tonnage of solid wastes	78753
received from transfer facilities located in this state during	78754
that month for which the fees were required to be collected by the	78755
transfer facilities. The monthly returns shall be filed on a form	78756
prescribed by the director. Not later than thirty days after the	78757
last day of the month to which a return applies, the owner or	78758
operator shall mail to the director the return for that month	78759
together with the fees required to be collected under this	78760
division during that month as indicated on the return or may	78761
submit the return and fees electronically in a manner approved by	78762
the director. If the return is filed and the amount of the fees	78763
due is paid in a timely manner as required in this division, the	78764
owner or operator may retain a discount of three-fourths of one	78765
per cent of the total amount of the fees that are required to be	78766
paid as indicated on the return.	78767

The owner or operator may request an extension of not more	78768
than thirty days for filing the return and remitting the fees,	78769
provided that the owner or operator has submitted such a request	78770
in writing to the director together with a detailed description of	78771
why the extension is requested, the director has received the	78772
request not later than the day on which the return is required to	78773
be filed, and the director has approved the request. If the fees	78774
are not remitted within thirty days after the last day of the	78775
month to which the return applies or are not remitted by the last	78776
day of an extension approved by the director, the owner or	78777
operator shall not retain the three-fourths of one per cent	78778
discount and shall pay an additional ten per cent of the amount of	78779
the fees for each month that they are late. For purposes of	78780
calculating the late fee, the first month in which fees are late	78781
begins on the first day after the deadline has passed for timely	78782
submitting the return and fees, and one additional month shall be	78783
counted every thirty days thereafter.	78784

The owner or operator of a solid waste facility may request a	78785
refund or credit of fees levied under this division and remitted	78786
to the director that have not been paid to the owner or operator.	78787
Such a request shall be made only if the fees have not been	78788
collected by the owner or operator, have become a debt that has	78789
become worthless or uncollectable for a period of six months or	78790
more, and may be claimed as a deduction, including a deduction	78791
claimed if the owner or operator keeps accounts on an accrual	78792
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	78793
U.S.C. 166, as amended, and regulations adopted under it. Prior to	78794
making a request for a refund or credit, an owner or operator	78795
shall make reasonable efforts to collect the applicable fees. A	78796
request for a refund or credit shall not include any costs	78797
resulting from those efforts to collect unpaid fees.	78798

A request for a refund or credit of fees shall be made in	78799
writing, on a form prescribed by the director, and shall be	78800
supported by evidence that may be required in rules adopted by the	78801
director under this chapter. After reviewing the request, and if	78802
the request and evidence submitted with the request indicate that	78803
a refund or credit is warranted, the director shall grant a refund	78804
to the owner or operator or shall permit a credit to be taken by	78805
the owner or operator on a subsequent monthly return submitted by	78806
the owner or operator. The amount of a refund or credit shall not	78807
exceed an amount that is equal to ninety days' worth of fees owed	78808
to an owner or operator by a particular debtor of the owner or	78809
operator. A refund or credit shall not be granted by the director	78810
to an owner or operator more than once in any twelve-month period	78811
for fees owed to the owner or operator by a particular debtor.	78812

If, after receiving a refund or credit from the director, an	78813
owner or operator receives payment of all or part of the fees, the	78814
owner or operator shall remit the fees with the next monthly	78815
return submitted to the director together with a written	78816
explanation of the reason for the submittal.	78817

For purposes of computing the fees levied under this division	78818
or division (B) of this section, any solid waste transfer or	78819
disposal facility that does not use scales as a means of	78820
determining gate receipts shall use a conversion factor of three	78821
cubic yards per ton of solid waste or one cubic yard per ton for	78822
baled waste, as applicable.	78823

The fees levied under this division and divisions (B) and (C)	78824
of this section are in addition to all other applicable fees and	78825
taxes and shall be paid by the customer or a political subdivision	78826
to the owner or operator of a solid waste transfer or disposal	78827
facility. In the alternative, the fees shall be paid by a customer	78828
or political subdivision to a transporter of waste who	78829
subsequently transfers the fees to the owner or operator of such a	78830
facility. The fees shall be paid notwithstanding the existence of	78831
any provision in a contract that the customer or a political	78832
subdivision may have with the owner or operator or with a	78833
transporter of waste to the facility that would not require or	78834
allow such payment regardless of whether the contract was entered	78835
prior to or after the effective date of this amendment. For those	78836
purposes, "customer" means a person who contracts with, or	78837
utilizes the solid waste services of, the owner or operator of a	78838
solid waste transfer or disposal facility or a transporter of	78839
solid waste to such a facility.	78840

(B) For the purposes specified in division (G) of this	78841
section, the solid waste management policy committee of a county	78842
or joint solid waste management district may levy fees upon the	78843
following activities:	78844

(1) The disposal at a solid waste disposal facility located	78845
in the district of solid wastes generated within the district;	78846

(2) The disposal at a solid waste disposal facility within	78847
the district of solid wastes generated outside the boundaries of	78848
the district, but inside this state;	78849

(3) The disposal at a solid waste disposal facility within	78850
the district of solid wastes generated outside the boundaries of	78851
this state.	78852

The solid waste management plan of the county or joint	78853
district approved under section 3734.521 or 3734.55 of the Revised	78854
Code and any amendments to it, or the resolution adopted under	78855
this division, as appropriate, shall establish the rates of the	78856
fees levied under divisions (B)(1), (2), and (3) of this section,	78857
if any, and shall specify whether the fees are levied on the basis	78858
of tons or cubic yards as the unit of measurement. A solid waste	78859
management district that levies fees under this division on the	78860
basis of cubic yards shall do so in accordance with division (A)	78861
of this section.	78862

The fee levied under division (B)(1) of this section shall be	78863
not less than one dollar per ton nor more than two dollars per	78864
ton, the fee levied under division (B)(2) of this section shall be	78865
not less than two dollars per ton nor more than four dollars per	78866
ton, and the fee levied under division (B)(3) of this section	78867
shall be not more than the fee levied under division (B)(1) of	78868
this section.	78869

Prior to the approval of the solid waste management plan of a	78870
district under section 3734.55 of the Revised Code, the solid	78871
waste management policy committee of a district may levy fees	78872
under this division by adopting a resolution establishing the	78873
proposed amount of the fees. Upon adopting the resolution, the	78874
committee shall deliver a copy of the resolution to the board of	78875
county commissioners of each county forming the district and to	78876
the legislative authority of each municipal corporation and	78877
township under the jurisdiction of the district and shall prepare	78878
and publish the resolution and a notice of the time and location	78879
where a public hearing on the fees will be held. Upon adopting the	78880
resolution, the committee shall deliver written notice of the	78881
adoption of the resolution; of the amount of the proposed fees;	78882
and of the date, time, and location of the public hearing to the	78883
director and to the fifty industrial, commercial, or institutional	78884
generators of solid wastes within the district that generate the	78885
largest quantities of solid wastes, as determined by the	78886
committee, and to their local trade associations. The committee	78887
shall make good faith efforts to identify those generators within	78888
the district and their local trade associations, but the	78889
nonprovision of notice under this division to a particular	78890
generator or local trade association does not invalidate the	78891
proceedings under this division. The publication shall occur at	78892
least thirty days before the hearing. After the hearing, the	78893
committee may make such revisions to the proposed fees as it	78894
considers appropriate and thereafter, by resolution, shall adopt	78895
the revised fee schedule. Upon adopting the revised fee schedule,	78896
the committee shall deliver a copy of the resolution doing so to	78897
the board of county commissioners of each county forming the	78898
district and to the legislative authority of each municipal	78899
corporation and township under the jurisdiction of the district.	78900
Within sixty days after the delivery of a copy of the resolution	78901
adopting the proposed revised fees by the policy committee, each	78902
such board and legislative authority, by ordinance or resolution,	78903
shall approve or disapprove the revised fees and deliver a copy of	78904
the ordinance or resolution to the committee. If any such board or	78905
legislative authority fails to adopt and deliver to the policy	78906
committee an ordinance or resolution approving or disapproving the	78907
revised fees within sixty days after the policy committee	78908
delivered its resolution adopting the proposed revised fees, it	78909
shall be conclusively presumed that the board or legislative	78910
authority has approved the proposed revised fees. The committee	78911
shall determine if the resolution has been ratified in the same	78912
manner in which it determines if a draft solid waste management	78913
plan has been ratified under division (B) of section 3734.55 of	78914
the Revised Code.	78915

The committee may amend the schedule of fees levied pursuant	78916
to a resolution adopted and ratified under this division by	78917
adopting a resolution establishing the proposed amount of the	78918
amended fees. The committee may repeal the fees levied pursuant to	78919
such a resolution by adopting a resolution proposing to repeal	78920
them. Upon adopting such a resolution, the committee shall proceed	78921
to obtain ratification of the resolution in accordance with this	78922
division.	78923

Not later than fourteen days after declaring the new fees to	78924
be ratified or the fees to be repealed under this division, the	78925
committee shall notify by certified mail the owner or operator of	78926
each solid waste disposal facility that is required to collect the	78927
fees of the ratification and the amount of the fees or of the	78928
repeal of the fees. Collection of any fees shall commence or	78929
collection of repealed fees shall cease on the first day of the	78930
second month following the month in which notification is sent to	78931
the owner or operator.	78932

Fees levied under this division also may be established,	78933
amended, or repealed by a solid waste management policy committee	78934
through the adoption of a new district solid waste management	78935
plan, the adoption of an amended plan, or the amendment of the	78936
plan or amended plan in accordance with sections 3734.55 and	78937
3734.56 of the Revised Code or the adoption or amendment of a	78938
district plan in connection with a change in district composition	78939
under section 3734.521 of the Revised Code.	78940

Not later than fourteen days after the director issues an	78941
order approving a district's solid waste management plan, amended	78942
plan, or amendment to a plan or amended plan that establishes,	78943
amends, or repeals a schedule of fees levied by the district, the	78944
committee shall notify by certified mail the owner or operator of	78945
each solid waste disposal facility that is required to collect the	78946
fees of the approval of the plan or amended plan, or the amendment	78947
to the plan, as appropriate, and the amount of the fees, if any.	78948
In the case of an initial or amended plan approved under section	78949
3734.521 of the Revised Code in connection with a change in	78950
district composition, other than one involving the withdrawal of a	78951
county from a joint district, the committee, within fourteen days	78952
after the change takes effect pursuant to division (G) of that	78953
section, shall notify by certified mail the owner or operator of	78954
each solid waste disposal facility that is required to collect the	78955
fees that the change has taken effect and of the amount of the	78956
fees, if any. Collection of any fees shall commence or collection	78957
of repealed fees shall cease on the first day of the second month	78958
following the month in which notification is sent to the owner or	78959
operator.	78960

If, in the case of a change in district composition involving	78961
the withdrawal of a county from a joint district, the director	78962
completes the actions required under division (G)(1) or (3) of	78963
section 3734.521 of the Revised Code, as appropriate, forty-five	78964
days or more before the beginning of a calendar year, the policy	78965
committee of each of the districts resulting from the change that	78966
obtained the director's approval of an initial or amended plan in	78967
connection with the change, within fourteen days after the	78968
director's completion of the required actions, shall notify by	78969
certified mail the owner or operator of each solid waste disposal	78970
facility that is required to collect the district's fees that the	78971
change is to take effect on the first day of January immediately	78972
following the issuance of the notice and of the amount of the fees	78973
or amended fees levied under divisions (B)(1) to (3) of this	78974
section pursuant to the district's initial or amended plan as so	78975
approved or, if appropriate, the repeal of the district's fees by	78976
that initial or amended plan. Collection of any fees set forth in	78977
such a plan or amended plan shall commence on the first day of	78978
January immediately following the issuance of the notice. If such	78979
an initial or amended plan repeals a schedule of fees, collection	78980
of the fees shall cease on that first day of January.	78981

If, in the case of a change in district composition involving	78982
the withdrawal of a county from a joint district, the director	78983
completes the actions required under division (G)(1) or (3) of	78984
section 3734.521 of the Revised Code, as appropriate, less than	78985
forty-five days before the beginning of a calendar year, the	78986
director, on behalf of each of the districts resulting from the	78987
change that obtained the director's approval of an initial or	78988
amended plan in connection with the change proceedings, shall	78989
notify by certified mail the owner or operator of each solid waste	78990
disposal facility that is required to collect the district's fees	78991
that the change is to take effect on the first day of January	78992
immediately following the mailing of the notice and of the amount	78993
of the fees or amended fees levied under divisions (B)(1) to (3)	78994
of this section pursuant to the district's initial or amended plan	78995
as so approved or, if appropriate, the repeal of the district's	78996
fees by that initial or amended plan. Collection of any fees set	78997
forth in such a plan or amended plan shall commence on the first	78998
day of the second month following the month in which notification	78999
is sent to the owner or operator. If such an initial or amended	79000
plan repeals a schedule of fees, collection of the fees shall	79001
cease on the first day of the second month following the month in	79002
which notification is sent to the owner or operator.	79003

If the schedule of fees that a solid waste management	79004
district is levying under divisions (B)(1) to (3) of this section	79005
is amended or repealed, the fees in effect immediately prior to	79006
the amendment or repeal shall continue to be collected until	79007
collection of the amended fees commences or collection of the	79008
repealed fees ceases, as applicable, as specified in this	79009
division. In the case of a change in district composition, money	79010
so received from the collection of the fees of the former	79011
districts shall be divided among the resulting districts in	79012
accordance with division (B) of section 343.012 of the Revised	79013
Code and the agreements entered into under division (B) of section	79014
343.01 of the Revised Code to establish the former and resulting	79015
districts and any amendments to those agreements.	79016

For the purposes of the provisions of division (B) of this	79017
section establishing the times when newly established or amended	79018
fees levied by a district are required to commence and the	79019
collection of fees that have been amended or repealed is required	79020
to cease, "fees" or "schedule of fees" includes, in addition to	79021
fees levied under divisions (B)(1) to (3) of this section, those	79022
levied under section 3734.573 or 3734.574 of the Revised Code.	79023

(C) For the purposes of defraying the added costs to a	79024
municipal corporation or township of maintaining roads and other	79025
public facilities and of providing emergency and other public	79026
services, and compensating a municipal corporation or township for	79027
reductions in real property tax revenues due to reductions in real	79028
property valuations resulting from the location and operation of a	79029
solid waste disposal facility within the municipal corporation or	79030
township, a municipal corporation or township in which such a	79031
solid waste disposal facility is located may levy a fee of not	79032
more than twenty-five cents per ton on the disposal of solid	79033
wastes at a solid waste disposal facility located within the	79034
boundaries of the municipal corporation or township regardless of	79035
where the wastes were generated.	79036

The legislative authority of a municipal corporation or	79037
township may levy fees under this division by enacting an	79038
ordinance or adopting a resolution establishing the amount of the	79039
fees. Upon so doing the legislative authority shall mail a	79040
certified copy of the ordinance or resolution to the board of	79041
county commissioners or directors of the county or joint solid	79042
waste management district in which the municipal corporation or	79043
township is located or, if a regional solid waste management	79044
authority has been formed under section 343.011 of the Revised	79045
Code, to the board of trustees of that regional authority, the	79046
owner or operator of each solid waste disposal facility in the	79047
municipal corporation or township that is required to collect the	79048
fee by the ordinance or resolution, and the director of	79049
environmental protection. Although the fees levied under this	79050
division are levied on the basis of tons as the unit of	79051
measurement, the legislative authority, in its ordinance or	79052
resolution levying the fees under this division, may direct that	79053
the fees be levied on the basis of cubic yards as the unit of	79054
measurement based upon a conversion factor of three cubic yards	79055
per ton generally or one cubic yard per ton for baled wastes.	79056

Not later than five days after enacting an ordinance or	79057
adopting a resolution under this division, the legislative	79058
authority shall so notify by certified mail the owner or operator	79059
of each solid waste disposal facility that is required to collect	79060
the fee. Collection of any fee levied on or after March 24, 1992,	79061
shall commence on the first day of the second month following the	79062
month in which notification is sent to the owner or operator.	79063

(D)(1) The fees levied under divisions (A), (B), and (C) of	79064
this section do not apply to the disposal of solid wastes that:	79065

(a) Are disposed of at a facility owned by the generator of	79066
the wastes when the solid waste facility exclusively disposes of	79067
solid wastes generated at one or more premises owned by the	79068
generator regardless of whether the facility is located on a	79069
premises where the wastes are generated;	79070

(b) Are disposed of at facilities that exclusively dispose of	79071
wastes that are generated from the combustion of coal, or from the	79072
combustion of primarily coal in combination with scrap tires, that	79073
is not combined in any way with garbage at one or more premises	79074
owned by the generator.	79075

(2) Except as provided in section 3734.571 of the Revised	79076
Code, any fees levied under division (B)(1) of this section apply	79077
to solid wastes originating outside the boundaries of a county or	79078
joint district that are covered by an agreement for the joint use	79079
of solid waste facilities entered into under section 343.02 of the	79080
Revised Code by the board of county commissioners or board of	79081
directors of the county or joint district where the wastes are	79082
generated and disposed of.	79083

(3) When solid wastes, other than solid wastes that consist	79084
of scrap tires, are burned in a disposal facility that is an	79085
incinerator or energy recovery facility, the fees levied under	79086
divisions (A), (B), and (C) of this section shall be levied upon	79087
the disposal of the fly ash and bottom ash remaining after burning	79088
of the solid wastes and shall be collected by the owner or	79089
operator of the sanitary landfill where the ash is disposed of.	79090

(4) When solid wastes are delivered to a solid waste transfer	79091
facility, the fees levied under divisions (B) and (C) of this	79092
section shall be levied upon the disposal of solid wastes	79093
transported off the premises of the transfer facility for disposal	79094
and shall be collected by the owner or operator of the solid waste	79095
disposal facility where the wastes are disposed of.	79096

(5) The fees levied under divisions (A), (B), and (C) of this	79097
section do not apply to sewage sludge that is generated by a waste	79098
water treatment facility holding a national pollutant discharge	79099
elimination system permit and that is disposed of through	79100
incineration, land application, or composting or at another	79101
resource recovery or disposal facility that is not a landfill.	79102

(6) The fees levied under divisions (A), (B), and (C) of this	79103
section do not apply to solid wastes delivered to a solid waste	79104
composting facility for processing. When any unprocessed solid	79105
waste or compost product is transported off the premises of a	79106
composting facility and disposed of at a landfill, the fees levied	79107
under divisions (A), (B), and (C) of this section shall be	79108
collected by the owner or operator of the landfill where the	79109
unprocessed waste or compost product is disposed of.	79110

(7) When solid wastes that consist of scrap tires are	79111
processed at a scrap tire recovery facility, the fees levied under	79112
divisions (A), (B), and (C) of this section shall be levied upon	79113
the disposal of the fly ash and bottom ash or other solid wastes	79114
remaining after the processing of the scrap tires and shall be	79115
collected by the owner or operator of the solid waste disposal	79116
facility where the ash or other solid wastes are disposed of.	79117

(8) The director of environmental protection may issue an	79118
order exempting from the fees levied under this section solid	79119
wastes, including, but not limited to, scrap tires, that are	79120
generated, transferred, or disposed of as a result of a contract	79121
providing for the expenditure of public funds entered into by the	79122
administrator or regional administrator of the United States	79123
environmental protection agency, the director of environmental	79124
protection, or the director of administrative services on behalf	79125
of the director of environmental protection for the purpose of	79126
remediating conditions at a hazardous waste facility, solid waste	79127
facility, or other location at which the administrator or regional	79128
administrator or the director of environmental protection has	79129
reason to believe that there is a substantial threat to public	79130
health or safety or the environment or that the conditions are	79131
causing or contributing to air or water pollution or soil	79132
contamination. An order issued by the director of environmental	79133
protection under division (D)(8) of this section shall include a	79134
determination that the amount of the fees not received by a solid	79135
waste management district as a result of the order will not	79136
adversely impact the implementation and financing of the	79137
district's approved solid waste management plan and any approved	79138
amendments to the plan. Such an order is a final action of the	79139
director of environmental protection.	79140

(E) The fees levied under divisions (B) and (C) of this	79141
section shall be collected by the owner or operator of the solid	79142
waste disposal facility where the wastes are disposed of as a	79143
trustee for the county or joint district and municipal corporation	79144
or township where the wastes are disposed of. Moneys from the fees	79145
levied under division (B) of this section shall be forwarded to	79146
the board of county commissioners or board of directors of the	79147
district in accordance with rules adopted under division (H) of	79148
this section. Moneys from the fees levied under division (C) of	79149
this section shall be forwarded to the treasurer or such other	79150
officer of the municipal corporation as, by virtue of the charter,	79151
has the duties of the treasurer or to the fiscal officer of the	79152
township, as appropriate, in accordance with those rules.	79153

(F) Moneys received by the treasurer or other officer of the	79154
municipal corporation under division (E) of this section shall be	79155
paid into the general fund of the municipal corporation. Moneys	79156
received by the fiscal officer of the township under that division	79157
shall be paid into the general fund of the township. The treasurer	79158
or other officer of the municipal corporation or the township	79159
fiscal officer, as appropriate, shall maintain separate records of	79160
the moneys received from the fees levied under division (C) of	79161
this section.	79162

(G) Moneys received by the board of county commissioners or	79163
board of directors under division (E) of this section or section	79164
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	79165
shall be paid to the county treasurer, or other official acting in	79166
a similar capacity under a county charter, in a county district or	79167
to the county treasurer or other official designated by the board	79168
of directors in a joint district and kept in a separate and	79169
distinct fund to the credit of the district. If a regional solid	79170
waste management authority has been formed under section 343.011	79171
of the Revised Code, moneys received by the board of trustees of	79172
that regional authority under division (E) of this section shall	79173
be kept by the board in a separate and distinct fund to the credit	79174
of the district. Moneys in the special fund of the county or joint	79175
district arising from the fees levied under division (B) of this	79176
section and the fee levied under division (A) of section 3734.573	79177
of the Revised Code shall be expended by the board of county	79178
commissioners or directors of the district in accordance with the	79179
district's solid waste management plan or amended plan approved	79180
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	79181
exclusively for the following purposes:	79182

(1) Preparation of the solid waste management plan of the	79183
district under section 3734.54 of the Revised Code, monitoring	79184
implementation of the plan, and conducting the periodic review and	79185
amendment of the plan required by section 3734.56 of the Revised	79186
Code by the solid waste management policy committee;	79187

(2) Implementation of the approved solid waste management	79188
plan or amended plan of the district, including, without	79189
limitation, the development and implementation of solid waste	79190
recycling or reduction programs;	79191

(3) Providing financial assistance to boards of health within	79192
the district, if solid waste facilities are located within the	79193
district, for enforcement of this chapter and rules, orders, and	79194
terms and conditions of permits, licenses, and variances adopted	79195
or issued under it, other than the hazardous waste provisions of	79196
this chapter and rules adopted and orders and terms and conditions	79197
of permits issued under those provisions;	79198

(4) Providing financial assistance to each county within the	79199
district to defray the added costs of maintaining roads and other	79200
public facilities and of providing emergency and other public	79201
services resulting from the location and operation of a solid	79202
waste facility within the county under the district's approved	79203
solid waste management plan or amended plan;	79204

(5) Pursuant to contracts entered into with boards of health	79205
within the district, if solid waste facilities contained in the	79206
district's approved plan or amended plan are located within the	79207
district, for paying the costs incurred by those boards of health	79208
for collecting and analyzing samples from public or private water	79209
wells on lands adjacent to those facilities;	79210

(6) Developing and implementing a program for the inspection	79211
of solid wastes generated outside the boundaries of this state	79212
that are disposed of at solid waste facilities included in the	79213
district's approved solid waste management plan or amended plan;	79214

(7) Providing financial assistance to boards of health within	79215
the district for the enforcement of section 3734.03 of the Revised	79216
Code or to local law enforcement agencies having jurisdiction	79217
within the district for enforcing anti-littering laws and	79218
ordinances;	79219

(8) Providing financial assistance to boards of health of	79220
health districts within the district that are on the approved list	79221
under section 3734.08 of the Revised Code to defray the costs to	79222
the health districts for the participation of their employees	79223
responsible for enforcement of the solid waste provisions of this	79224
chapter and rules adopted and orders and terms and conditions of	79225
permits, licenses, and variances issued under those provisions in	79226
the training and certification program as required by rules	79227
adopted under division (L) of section 3734.02 of the Revised Code;	79228

(9) Providing financial assistance to individual municipal	79229
corporations and townships within the district to defray their	79230
added costs of maintaining roads and other public facilities and	79231
of providing emergency and other public services resulting from	79232
the location and operation within their boundaries of a	79233
composting, energy or resource recovery, incineration, or	79234
recycling facility that either is owned by the district or is	79235
furnishing solid waste management facility or recycling services	79236
to the district pursuant to a contract or agreement with the board	79237
of county commissioners or directors of the district;	79238

(10) Payment of any expenses that are agreed to, awarded, or	79239
ordered to be paid under section 3734.35 of the Revised Code and	79240
of any administrative costs incurred pursuant to that section. In	79241
the case of a joint solid waste management district, if the board	79242
of county commissioners of one of the counties in the district is	79243
negotiating on behalf of affected communities, as defined in that	79244
section, in that county, the board shall obtain the approval of	79245
the board of directors of the district in order to expend moneys	79246
for administrative costs incurred.	79247

Prior to the approval of the district's solid waste	79248
management plan under section 3734.55 of the Revised Code, moneys	79249
in the special fund of the district arising from the fees shall be	79250
expended for those purposes in the manner prescribed by the solid	79251
waste management policy committee by resolution.	79252

Notwithstanding division (G)(6) of this section as it existed	79253
prior to October 29, 1993, or any provision in a district's solid	79254
waste management plan prepared in accordance with division	79255
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	79256
prior to that date, any moneys arising from the fees levied under	79257
division (B)(3) of this section prior to January 1, 1994, may be	79258
expended for any of the purposes authorized in divisions (G)(1) to	79259
(10) of this section.	79260

(H) The director shall adopt rules in accordance with Chapter	79261
119. of the Revised Code prescribing procedures for collecting and	79262
forwarding the fees levied under divisions (B) and (C) of this	79263
section to the boards of county commissioners or directors of	79264
county or joint solid waste management districts and to the	79265
treasurers or other officers of municipal corporations and the	79266
fiscal officers of townships. The rules also shall prescribe the	79267
dates for forwarding the fees to the boards and officials and may	79268
prescribe any other requirements the director considers necessary	79269
or appropriate to implement and administer divisions (A), (B), and	79270
(C) of this section.	79271

Sec. 3734.573. (A) For the purposes specified in division	79272
(G) of section 3734.57 of the Revised Code, the solid waste	79273
management policy committee of a county or joint solid waste	79274
management district may levy a fee on the generation of solid	79275
wastes within the district.	79276

The initial or amended solid waste management plan of the	79277
county or joint district approved under section 3734.521, 3734.55,	79278
or 3734.56 of the Revised Code, an amendment to the district's	79279
plan adopted under division (E) of section 3734.56 of the Revised	79280
Code, or the resolution adopted and ratified under division (B) of	79281
this section shall establish the rate of the fee levied under this	79282
division and shall specify whether the fee is levied on the basis	79283
of tons or cubic yards as the unit of measurement.	79284

(B) Prior to the approval under division (A) of section	79285
3734.56 of the Revised Code of the first amended plan that the	79286
district is required to submit for approval under that section,	79287
the approval of an initial plan under section 3734.521 of the	79288
Revised Code, the approval of an amended plan under section	79289
3734.521 or division (D) of section 3734.56 of the Revised Code,	79290
or the amendment of the district's plan under division (E) of	79291
section 3734.56 of the Revised Code, the solid waste management	79292
policy committee of a county or joint district that is operating	79293
under an initial plan approved under section 3734.55 of the	79294
Revised Code, or one for which approval of its initial plan is	79295
pending before the director of environmental protection on	79296
October 29, 1993, under section 3734.55 of the Revised Code, may	79297
levy a fee under division (A) of this section by adopting and	79298
obtaining ratification of a resolution establishing the amount of	79299
the fee. A policy committee that, after December 1, 1993,	79300
concurrently proposes to levy a fee under division (A) of this	79301
section and to amend the fees levied by the district under	79302
divisions (B)(1) to (3) of section 3734.57 of the Revised Code may	79303
adopt and obtain ratification of one resolution proposing to do	79304
both. The requirements and procedures set forth in division (B) of	79305
section 3734.57 of the Revised Code governing the adoption,	79306
amendment, and repeal of resolutions levying fees under divisions	79307
(B)(1) to (3) of that section, the ratification of those	79308
resolutions, and the notification of owners and operators of solid	79309
waste facilities required to collect fees levied under those	79310
divisions govern the adoption of the resolutions authorized to be	79311
adopted under this division, the ratification thereof, and the	79312
notification of owners and operators required to collect the fees,	79313
except as otherwise specifically provided in division (C) of this	79314
section.	79315

(C) Any initial or amended plan of a district adopted under	79316
section 3734.521 or 3734.56 of the Revised Code, or resolution	79317
adopted under division (B) of this section, that proposes to levy	79318
a fee under division (A) of this section that exceeds five dollars	79319
per ton shall be ratified in accordance with the provisions of	79320
section 3734.55 or division (B) of section 3734.57 of the Revised	79321
Code, as applicable, except that such an initial or amended plan	79322
or resolution shall be approved by a combination of municipal	79323
corporations and townships with a combined population within the	79324
boundaries of the district comprising at least seventy-five per	79325
cent, rather than at least sixty per cent, of the total population	79326
of the district.	79327

(D) The policy committee of a county or joint district may	79328
amend the fee levied by the district under division (A) of this	79329
section by adopting and obtaining ratification of a resolution	79330
establishing the amount of the amended fee. The policy committee	79331
may abolish the fee or an amended fee established under this	79332
division by adopting and obtaining ratification of a resolution	79333
proposing to repeal it. The requirements and procedures under	79334
division (B) and, if applicable, division (C) of this section	79335
govern the adoption and ratification of a resolution authorized to	79336
be adopted under this division and the notification of owners and	79337
operators of solid waste facilities required to collect the fees.	79338

(E) Collection of a fee or amended fee levied under division	79339
(A) or (D) of this section shall commence or cease in accordance	79340
with division (B) of section 3734.57 of the Revised Code. If a	79341
district is levying a fee under section 3734.572 of the Revised	79342
Code, collection of that fee shall cease on the date on which	79343
collection of the fee levied under division (A) of this section	79344
commences in accordance with division (B) of section 3734.57 of	79345
the Revised Code.	79346

(F) In the case of solid wastes that are taken to a solid	79347
waste transfer facility prior to being transported to a solid	79348
waste disposal facility for disposal, the fee levied under	79349
division (A) of this section shall be collected by the owner or	79350
operator of the transfer facility as a trustee for the district.	79351
In the case of solid wastes that are not taken to a solid waste	79352
transfer facility prior to being transported to a solid waste	79353
disposal facility, the fee shall be collected by the owner or	79354
operator of the solid waste disposal facility where the wastes are	79355
disposed of. An owner or operator of a solid waste transfer or	79356
disposal facility who is required to collect the fee shall collect	79357
and forward the fee to the district in accordance with section	79358
3734.57 of the Revised Code and rules adopted under division (H)	79359
of that section.	79360

If the owner or operator of a solid waste transfer or	79361
disposal facility who did not receive notice pursuant to division	79362
(B) of this section to collect the fee levied by a district under	79363
division (A) of this section receives solid wastes generated in	79364
the district, the owner or operator, within thirty days after	79365
receiving the wastes, shall send written notice of that fact to	79366
the board of county commissioners or directors of the district.	79367
Within thirty days after receiving such a notice, the board of	79368
county commissioners or directors shall send written notice to the	79369
owner or operator indicating whether the district is levying a fee	79370
under division (A) of this section and, if so, the amount of the	79371
fee.	79372

(G) Moneys received by a district levying a fee under	79373
division (A) of this section shall be credited to the special fund	79374
of the district created in division (G) of section 3734.57 of the	79375
Revised Code and shall be used exclusively for the purposes	79376
specified in that division. Prior to the approval under division	79377
(A) of section 3734.56 of the Revised Code of the first amended	79378
plan that the district is required to submit for approval under	79379
that section, the approval of an initial plan under section	79380
3734.521 of the Revised Code, the approval of an amended plan	79381
under that section or division (D) of section 3734.56 of the	79382
Revised Code, or the amendment of the district's plan under	79383
division (E) of section 3734.56 of the Revised Code, moneys	79384
credited to the special fund arising from the fee levied pursuant	79385
to a resolution adopted and ratified under division (B) of this	79386
section shall be expended for those purposes in the manner	79387
prescribed by the solid waste management policy committee by	79388
resolution.	79389

(H) The fee levied under division (A) of this section does	79390
not apply to the management of solid wastes that:	79391

(1) Are disposed of at a facility owned by the generator of	79392
the wastes when the solid waste facility exclusively disposes of	79393
solid wastes generated at one or more premises owned by the	79394
generator regardless of whether the facility is located on a	79395
premises where the wastes were generated;	79396

(2) Are disposed of at facilities that exclusively dispose of	79397
wastes that are generated from the combustion of coal, or from the	79398
combustion of primarily coal in combination with scrap tires, that	79399
is not combined in any way with garbage at one or more premises	79400
owned by the generator.	79401

(I) When solid wastes that are burned in a disposal facility	79402
that is an incinerator or energy recovery facility are delivered	79403
to a solid waste transfer facility prior to being transported to	79404
the incinerator or energy recovery facility where they are burned,	79405
the fee levied under division (A) of this section shall be levied	79406
on the wastes delivered to the transfer facility.	79407

(J) When solid wastes that are burned in a disposal facility	79408
that is an incinerator or energy recovery facility are not	79409
delivered to a solid waste transfer facility prior to being	79410
transported to the incinerator or energy recovery facility where	79411
they are burned, the fee levied under division (A) of this section	79412
shall be levied on the wastes delivered to the incinerator or	79413
energy recovery facility.	79414

(K) The fee levied under division (A) of this section does	79415
not apply to sewage sludge that is generated by a waste water	79416
treatment facility holding a national pollutant discharge	79417
elimination system permit and that is disposed of through	79418
incineration, land application, or composting or at another	79419
resource recovery or disposal facility that is not a landfill.	79420

(L) The fee levied under division (A) of this section does	79421
not apply to ~~yard waste~~solid waste delivered to a solid waste	79422
composting facility for processing ~~or to a solid waste transfer~~	79423
~~facility~~. If any unprocessed solid waste or compost product is	79424
transported off the premises of a composting facility for disposal	79425
at a landfill, the fee levied under division (A) of this section	79426
applies and shall be collected by the owner or operator of the	79427
landfill.	79428

(M) The fee levied under division (A) of this section does	79429
not apply to materials separated from a mixed waste stream for	79430
recycling by the generator or materials removed from the solid	79431
waste stream as a result of recycling, as "recycling" is defined	79432
in rules adopted under section 3734.02 of the Revised Code.	79433

(N) The director of environmental protection may issue an	79434
order exempting from the fees levied under this section solid	79435
wastes, including, but not limited to, scrap tires, that are	79436
generated, transferred, or disposed of as a result of a contract	79437
providing for the expenditure of public funds entered into by the	79438
administrator or regional administrator of the United States	79439
environmental protection agency, the director of environmental	79440
protection, or the director of administrative services on behalf	79441
of the director of environmental protection for the purpose of	79442
remediating conditions at a hazardous waste facility, solid waste	79443
facility, or other location at which the administrator or regional	79444
administrator or the director of environmental protection has	79445
reason to believe that there is a substantial threat to public	79446
health or safety or the environment or that the conditions are	79447
causing or contributing to air or water pollution or soil	79448
contamination. An order issued by the director of environmental	79449
protection under this division shall include a determination that	79450
the amount of fees not received by a solid waste management	79451
district as a result of the order will not adversely impact the	79452
implementation and financing of the district's approved solid	79453
waste ~~managment~~management plan and any approved amendments to the	79454
plan. Such an order is a final action of the director of	79455
environmental protection.	79456

Sec. 3734.82. (A) The annual fee for a scrap tire recovery	79457
facility license issued under section 3734.81 of the Revised Code	79458
shall be in accordance with the following schedule:	79459

Daily Design	Annual	79460
Input Capacity	License	79461
(Tons)	Fee	79462

1 or less	$ 100	79463
2 to 25	500	79464
26 to 50	1,000	79465
51 to 100	1,500	79466
101 to 200	2,500	79467
201 to 500	3,500	79468
501 or more	5,500	79469

For the purpose of determining the applicable license fee	79470
under this division, the daily design input capacity shall be the	79471
quantity of scrap tires the facility is designed to process daily	79472
as set forth in the registration certificate or permit for the	79473
facility, and any modifications to the permit, if applicable,	79474
issued under section 3734.78 of the Revised Code.	79475

(B) The annual fee for a scrap tire monocell or monofill	79476
facility license shall be in accordance with the following	79477
schedule:	79478

Authorized Maximum	Annual	79479
Daily Waste Receipt	License	79480
(Tons)	Fee	79481
100 or less	$ 5,000	79482
101 to 200	12,500	79483
201 to 500	30,000	79484
501 or more	60,000	79485

For the purpose of determining the applicable license fee	79486
under this division, the authorized maximum daily waste receipt	79487
shall be the maximum amount of scrap tires the facility is	79488
authorized to receive daily that is established in the permit for	79489
the facility, and any modification to that permit, issued under	79490
section 3734.77 of the Revised Code.	79491

(C)(1) Except as otherwise provided in division (C)(2) of	79492
this section, the annual fee for a scrap tire storage facility	79493
license shall equal one thousand dollars times the number of acres	79494
on which scrap tires are to be stored at the facility during the	79495
license year, as set forth on the application for the annual	79496
license, except that the total annual license fee for any such	79497
facility shall not exceed three thousand dollars.	79498

(2) The annual fee for a scrap tire storage facility license	79499
for a storage facility that is owned or operated by a motor	79500
vehicle salvage dealer licensed under Chapter 4738. of the Revised	79501
Code is one hundred dollars.	79502

(D)(1) Except as otherwise provided in division (D)(2) of	79503
this section, the annual fee for a scrap tire collection facility	79504
license is two hundred dollars.	79505

(2) The annual fee for a scrap tire collection facility	79506
license for a collection facility that is owned or operated by a	79507
motor vehicle salvage dealer licensed under Chapter 4738. of the	79508
Revised Code is fifty dollars.	79509

(E) Except as otherwise provided in divisions (C)(2) and	79510
(D)(2) of this section, the same fees apply to private operators	79511
and to the state and its political subdivisions and shall be paid	79512
within thirty days after the issuance of a license. The fees	79513
include the cost of licensing, all inspections, and other costs	79514
associated with the administration of the scrap tire provisions of	79515
this chapter and rules adopted under them. Each license shall	79516
specify that it is conditioned upon payment of the applicable fee	79517
to the board of health or the director of environmental	79518
protection, as appropriate, within thirty days after the issuance	79519
of the license.	79520

(F) The board of health shall retain fifteen thousand dollars	79521
of each license fee collected by the board under division (B) of	79522
this section, or the entire amount of any such fee that is less	79523
than fifteen thousand dollars, and the entire amount of each	79524
license fee collected by the board under divisions (A), (C), and	79525
(D) of this section. The moneys retained shall be paid into a	79526
special fund, which is hereby created in each health district, and	79527
used solely to administer and enforce the scrap tire provisions of	79528
this chapter and rules adopted under them. The remainder, if any,	79529
of each license fee collected by the board under division (B) of	79530
this section shall be transmitted to the director within	79531
forty-five days after receipt of the fee.	79532

(G) The director shall transmit the moneys received by the	79533
director from license fees collected under division (B) of this	79534
section to the treasurer of state to be credited to the scrap tire	79535
management fund, which is hereby created in the state treasury.	79536
The fund shall consist of all federal moneys received by the	79537
environmental protection agency for the scrap tire management	79538
program; all grants, gifts, and contributions made to the director	79539
for that program; and all other moneys that may be provided by law	79540
for that program. The director shall use moneys in the fund as	79541
follows:	79542

(1) Expend ~~not more than seven hundred fifty thousand dollars~~	79543
~~during each fiscal year~~amounts determined necessary by the	79544
director to implement, administer, and enforce the scrap tire	79545
provisions of this chapter and rules adopted under them;	79546

(2) During each fiscal year, request the director of budget	79547
and management to, and the director of budget and management	79548
shall, transfer one million dollars to the scrap tire grant fund	79549
created in section 1502.12 of the Revised Code for ~~the purposes~~	79550
~~specified in that section;~~supporting market development	79551
activities for scrap tires and synthetic rubber from tire	79552
manufacturing processes and tire recycling processes. In addition,	79553
during a fiscal year, the director of environmental protection may	79554
request the director of budget and management to, and the director	79555
of budget and management shall, transfer up to an additional five	79556
hundred thousand dollars to the scrap tire grant fund for scrap	79557
tire amnesty events and scrap tire cleanup events.	79558

(3) ~~Expend not more than three million dollars per year~~	79559
~~during fiscal years 2002 and 2003 to conduct removal actions under~~	79560
~~section 3734.85 of the Revised Code and to make grants to boards~~	79561
~~of health under section 3734.042 of the Revised Code. However,~~	79562
~~more than three million dollars may be expended in fiscal years~~	79563
~~2002 and 2003 for the purposes of division (G)(3) of this section~~	79564
~~if more moneys are collected from the fee levied under division~~	79565
~~(A)(2) of section 3734.901 of the Revised Code. During each~~	79566
~~subsequent fiscal year the director shall expend not more than~~	79567
~~four million five hundred thousand dollars to conduct removal~~	79568
~~actions under section 3734.85 of the Revised Code and to make~~	79569
~~grants to boards of health under section 3734.042 of the Revised~~	79570
~~Code. However, more than four million five hundred thousand~~	79571
~~dollars may be expended in a fiscal year for the purposes of~~	79572
~~division (G)(3) of this section if more moneys are collected from~~	79573
~~the fee levied under division (A)(2) of section 3734.901 of the~~	79574
~~Revised Code. The director shall request the approval of the~~	79575
~~controlling board prior to the use of the moneys to conduct~~	79576
~~removal actions under section 3734.85 of the Revised Code. The~~	79577
~~request shall be accompanied by a plan describing the removal~~	79578
~~actions to be conducted during the fiscal year and an estimate of~~	79579
~~the costs of conducting them. The controlling board shall approve~~	79580
~~the plan only if it finds that the proposed removal actions are in~~	79581
~~accordance with the priorities set forth in division (B) of~~	79582
~~section 3734.85 of the Revised Code and that the costs of~~	79583
~~conducting them are reasonable. Controlling board approval is not~~	79584
~~required for grants made to boards of health under section~~	79585
~~3734.042 of the Revised Code.~~	79586

~~(H) If, during a fiscal year, more than seven million dollars~~	79587
~~are credited to the scrap tire management fund, the director, at~~	79588
~~the conclusion of the fiscal year, shall request the director of~~	79589
~~budget and management to, and the director of budget and~~	79590
~~management shall, transfer one-half of those excess moneys to the~~	79591
~~scrap tire grant fund. The director shall expend the remaining~~	79592
~~excess moneys in the scrap tire management fund to conduct removal~~	79593
~~actions under section 3734.85 of the Revised Code in accordance~~	79594
~~with the procedures established under division (I) of this~~	79595
~~section.~~	79596

~~(I) After the actions in divisions (G)(1) to (3) and (H) of~~	79597
~~this section are completed during each prior fiscal year, the~~	79598
~~director may expend up to the balance remaining from prior fiscal~~	79599
~~years in the scrap tire management fund to conduct removal actions~~	79600
~~under section 3734.85 of the Revised Code. Prior to using any~~	79601
~~moneys in the fund for that purpose in a fiscal year, the director~~	79602
~~shall request the approval of the controlling board for that use~~	79603
~~of the moneys. The request shall be accompanied by a plan~~	79604
~~describing the removal actions to be conducted during the fiscal~~	79605
~~year and an estimate of the costs of conducting them. The~~	79606
~~controlling board shall approve the plan only if the board finds~~	79607
~~that the proposed removal actions are in accordance with the~~	79608
~~priorities set forth in division (B) of section 3734.85 of the~~	79609
~~Revised Code and that the costs of conducting them are reasonable~~	79610
After the expenditures and transfers are made under divisions	79611
(G)(1) and (2) of this section, expend the balance of the money	79612
in the scrap tire management fund remaining in each fiscal year	79613
to conduct removal actions under section 3734.85 of the Revised	79614
Code and to provide grants to boards of health under section	79615
3734.042 of the Revised Code.	79616

Sec. 3734.901. (A)(1) For the purpose of providing revenue	79617
to defray the cost of administering and enforcing the scrap tire	79618
provisions of this chapter, rules adopted under those provisions,	79619
and terms and conditions of orders, variances, and licenses issued	79620
under those provisions; to abate accumulations of scrap tires; to	79621
make grants ~~to promote research regarding alternative methods of~~	79622
~~recycling scrap tires and~~supporting market development activities	79623
for scrap tires and synthetic rubber from tire manufacturing	79624
processes and tire recycling processes and to support scrap tire	79625
amnesty and cleanup events; to make loans to promote the recycling	79626
or recovery of energy from scrap tires; and to defray the costs of	79627
administering and enforcing sections 3734.90 to 3734.9014 of the	79628
Revised Code, a fee of fifty cents per tire is hereby levied on	79629
the sale of tires. The proceeds of the fee shall be deposited in	79630
the state treasury to the credit of the scrap tire management fund	79631
created in section 3734.82 of the Revised Code. The fee is levied	79632
from the first day of the calendar month that begins next after	79633
thirty days from October 29, 1993, through June 30, 2011.	79634

(2) Beginning on September 5, 2001, and ending on June 30,	79635
2011, there is hereby levied an additional fee of fifty cents per	79636
tire on the sale of tires the proceeds of which shall be deposited	79637
in the state treasury to the credit of the scrap tire management	79638
fund ~~created in section 3734.82 of the Revised Code~~ and be used	79639
exclusively for the purposes specified in division (G)(3) of that	79640
section.	79641

(B) Only one sale of the same article shall be used in	79642
computing the amount of the fee due.	79643

Sec. 3734.9010. Two per cent of all amounts paid to the	79644
treasurer of state pursuant to sections 3734.90 to 3734.9014 of	79645
the Revised Code shall be certified directly to the credit of the	79646
tire fee administrative fund, which is hereby created in the state	79647
treasury, for appropriation to the department of taxation for use	79648
in administering those sections. The remainder of the amounts paid	79649
to the treasurer of state shall be deposited ~~to the credit of the~~	79650
~~scrap tire management fund created~~and credited in accordance	79651
with section ~~3734.82~~3734.901 of the Revised Code.	79652

Sec. 3737.71. Each insurance company doing business in this	79653
state shall pay to the state in installments, at the time of	79654
making the payments required by section 5729.05 of the Revised	79655
Code, in addition to the taxes required to be paid by it,	79656
three-fourths of one per cent on the gross premium receipts	79657
derived from fire insurance and that portion of the premium	79658
reasonably allocable to insurance against the hazard of fire	79659
included in other coverages except life and sickness and accident	79660
insurance, after deducting return premiums paid and considerations	79661
received for reinsurances as shown by the annual statement of such	79662
company made pursuant to sections 3929.30, 3931.06, and 5729.02 of	79663
the Revised Code. The money received shall be paid into the state	79664
treasury to the credit of the state fire marshal's fund, which is	79665
hereby created. The fund shall be used for the maintenance and	79666
administration of the office of the fire marshal and the Ohio fire	79667
academy established by section 3737.33 of the Revised Code. If the	79668
director of commerce certifies to the director of budget and	79669
management that the cash balance in the state fire marshal's fund	79670
is in excess of the amount needed to pay ongoing operating	79671
expenses, the director of commerce, with the approval of the	79672
director of budget and management, may use the excess amount to	79673
acquire by purchase, lease, or otherwise, real property or	79674
interests in real property to be used for the benefit of the	79675
office of the state fire marshal, or to construct, acquire,	79676
enlarge, equip, furnish, or improve the fire marshal's office	79677
facilities or the facilities of the Ohio fire academy. The state	79678
fire marshal's fund shall be assessed a proportionate share of	79679
the administrative costs of the department of commerce in	79680
accordance with procedures prescribed by the director of commerce	79681
and approved by the director of budget and management. Such	79682
assessment shall be paid from the state fire marshal's fund to	79683
the division of administration fund.	79684

Notwithstanding any other provision in this section, if the	79685
director of budget and management determines at any time that the	79686
money in the state fire marshal's fund exceeds the amount	79687
necessary to defray ongoing operating expenses in a fiscal year,	79688
the director may transfer the excess to the general revenue fund.	79689

Sec. 3743.04. (A) The license of a manufacturer of fireworks	79690
is effective for one year beginning on the first day of December.	79691
The state fire marshal shall issue or renew a license only on	79692
that date and at no other time. If a manufacturer of fireworks	79693
wishes to continue manufacturing fireworks at the designated	79694
fireworks plant after its then effective license expires, it	79695
shall apply no later than the first day of October for a new	79696
license pursuant to section 3743.02 of the Revised Code. The	79697
state fire marshal shall send a written notice of the expiration	79698
of its license to a licensed manufacturer at least three months	79699
before the expiration date.	79700

(B) If, during the effective period of its licensure, a	79701
licensed manufacturer of fireworks wishes to construct, locate, or	79702
relocate any buildings or other structures on the premises of its	79703
fireworks plant, to make any structural change or renovation in	79704
any building or other structure on the premises of its fireworks	79705
plant, or to change the nature of its manufacturing of fireworks	79706
so as to include the processing of fireworks, the manufacturer	79707
shall notify the state fire marshal in writing. The state fire	79708
marshal may require a licensed manufacturer also to submit	79709
documentation, including, but not limited to, plans covering the	79710
proposed construction, location, relocation, structural change or	79711
renovation, or change in manufacturing of fireworks, if the state	79712
fire marshal determines the documentation is necessary for	79713
evaluation purposes in light of the proposed construction,	79714
location, relocation, structural change or renovation, or change	79715
in manufacturing of fireworks.	79716

Upon receipt of the notification and additional documentation	79717
required by the state fire marshal, the state fire marshal shall	79718
inspect the premises of the fireworks plant to determine if the	79719
proposed construction, location, relocation, structural change or	79720
renovation, or change in manufacturing of fireworks conforms to	79721
sections 3743.02 to 3743.08 of the Revised Code and the rules	79722
adopted by the state fire marshal pursuant to section 3743.05 of	79723
the Revised Code. The state fire marshal shall issue a written	79724
authorization to the manufacturer for the construction, location,	79725
relocation, structural change or renovation, or change in	79726
manufacturing of fireworks if the state fire marshal determines,	79727
upon the inspection and a review of submitted documentation, that	79728
the construction, location, relocation, structural change or	79729
renovation, or change in manufacturing of fireworks conforms to	79730
those sections and rules. Upon authorizing a change in	79731
manufacturing of fireworks to include the processing of	79732
fireworks, the state fire marshal shall make notations on the	79733
manufacturer's license and in the list of licensed manufacturers	79734
in accordance with section 3743.03 of the Revised Code.	79735

On or before June 1, 1998, a licensed manufacturer shall	79736
install, in every licensed building in which fireworks are	79737
manufactured, stored, or displayed and to which the public has	79738
access, interlinked fire detection, smoke exhaust, and smoke	79739
evacuation systems that are approved by the superintendent of ~~the~~	79740
~~division of industrial compliance~~labor, and shall comply with	79741
floor plans showing occupancy load limits and internal circulation	79742
and egress patterns that are approved by the state fire marshal	79743
and superintendent, and that are submitted under seal as required	79744
by section 3791.04 of the Revised Code. Notwithstanding section	79745
3743.59 of the Revised Code, the construction and safety	79746
requirements established in this division are not subject to any	79747
variance, waiver, or exclusion.	79748

(C) The license of a manufacturer of fireworks authorizes the	79749
manufacturer to engage only in the following activities:	79750

(1) The manufacturing of fireworks on the premises of the	79751
fireworks plant as described in the application for licensure or	79752
in the notification submitted under division (B) of this section,	79753
except that a licensed manufacturer shall not engage in the	79754
processing of fireworks unless authorized to do so by its license.	79755

(2) To possess for sale at wholesale and sell at wholesale	79756
the fireworks manufactured by the manufacturer, to persons who are	79757
licensed wholesalers of fireworks, to out-of-state residents in	79758
accordance with section 3743.44 of the Revised Code, to residents	79759
of this state in accordance with section 3743.45 of the Revised	79760
Code, or to persons located in another state provided the	79761
fireworks are shipped directly out of this state to them by the	79762
manufacturer. A person who is licensed as a manufacturer of	79763
fireworks on June 14, 1988, also may possess for sale and sell	79764
pursuant to division (C)(2) of this section fireworks other than	79765
those the person manufactures. The possession for sale shall be on	79766
the premises of the fireworks plant described in the application	79767
for licensure or in the notification submitted under division (B)	79768
of this section, and the sale shall be from the inside of a	79769
licensed building and from no other structure or device outside a	79770
licensed building. At no time shall a licensed manufacturer sell	79771
any class of fireworks outside a licensed building.	79772

(3) Possess for sale at retail and sell at retail the	79773
fireworks manufactured by the manufacturer, other than 1.4G	79774
fireworks as designated by the state fire marshal in rules adopted	79775
pursuant to division (A) of section 3743.05 of the Revised Code,	79776
to licensed exhibitors in accordance with sections 3743.50 to	79777
3743.55 of the Revised Code, and possess for sale at retail and	79778
sell at retail the fireworks manufactured by the manufacturer,	79779
including 1.4G fireworks, to out-of-state residents in accordance	79780
with section 3743.44 of the Revised Code, to residents of this	79781
state in accordance with section 3743.45 of the Revised Code, or	79782
to persons located in another state provided the fireworks are	79783
shipped directly out of this state to them by the manufacturer. A	79784
person who is licensed as a manufacturer of fireworks on June 14,	79785
1988, may also possess for sale and sell pursuant to division	79786
(C)(3) of this section fireworks other than those the person	79787
manufactures. The possession for sale shall be on the premises of	79788
the fireworks plant described in the application for licensure or	79789
in the notification submitted under division (B) of this section,	79790
and the sale shall be from the inside of a licensed building and	79791
from no other structure or device outside a licensed building. At	79792
no time shall a licensed manufacturer sell any class of fireworks	79793
outside a licensed building.	79794

A licensed manufacturer of fireworks shall sell under	79795
division (C) of this section only fireworks that meet the	79796
standards set by the consumer product safety commission or by the	79797
American fireworks standard laboratories or that have received an	79798
EX number from the United States department of transportation.	79799

(D) The license of a manufacturer of fireworks shall be	79800
protected under glass and posted in a conspicuous place on the	79801
premises of the fireworks plant. Except as otherwise provided in	79802
this division, the license is not transferable or assignable. A	79803
license may be transferred to another person for the same	79804
fireworks plant for which the license was issued if the assets of	79805
the plant are transferred to that person by inheritance or by a	79806
sale approved by the state fire marshal. The license is subject to	79807
revocation in accordance with section 3743.08 of the Revised Code.	79808

(E) The state fire marshal shall not place the license of a	79809
manufacturer of fireworks in a temporarily inactive status while	79810
the holder of the license is attempting to qualify to retain the	79811
license.	79812

(F) Each licensed manufacturer of fireworks that possesses	79813
fireworks for sale and sells fireworks under division (C) of	79814
section 3743.04 of the Revised Code, or a designee of the	79815
manufacturer, whose identity is provided to the state fire marshal	79816
by the manufacturer, annually shall attend a continuing education	79817
program. The state fire marshal shall develop the program and the	79818
state fire marshal or a person or public agency approved by the	79819
state fire marshal shall conduct it. A licensed manufacturer or	79820
the manufacturer's designee who attends a program as required	79821
under this division, within one year after attending the program,	79822
shall conduct in-service training as approved by the state fire	79823
marshal for other employees of the licensed manufacturer	79824
regarding the information obtained in the program. A licensed	79825
manufacturer shall provide the state fire marshal with notice of	79826
the date, time, and place of all in-service training. For any	79827
program conducted under this division, the state fire marshal	79828
shall, in accordance with rules adopted by the state fire	79829
marshal under Chapter 119. of the Revised Code, establish the	79830
subjects to be taught, the length of classes, the standards for	79831
approval, and time periods for notification by the licensee to	79832
the state fire marshal of any in-service training.	79833

(G) A licensed manufacturer shall maintain comprehensive	79834
general liability insurance coverage in the amount and type	79835
specified under division (B)(2) of section 3743.02 of the Revised	79836
Code at all times. Each policy of insurance required under this	79837
division shall contain a provision requiring the insurer to give	79838
not less than fifteen days' prior written notice to the state fire	79839
marshal before termination, lapse, or cancellation of the policy,	79840
or any change in the policy that reduces the coverage below the	79841
minimum required under this division. Prior to canceling or	79842
reducing the amount of coverage of any comprehensive general	79843
liability insurance coverage required under this division, a	79844
licensed manufacturer shall secure supplemental insurance in an	79845
amount and type that satisfies the requirements of this division	79846
so that no lapse in coverage occurs at any time. A licensed	79847
manufacturer who secures supplemental insurance shall file	79848
evidence of the supplemental insurance with the state fire marshal	79849
prior to canceling or reducing the amount of coverage of any	79850
comprehensive general liability insurance coverage required under	79851
this division.	79852

(H) The state fire marshal shall adopt rules for the	79853
expansion or contraction of a licensed premises and for approval	79854
of such expansions or contractions. The boundaries of a licensed	79855
premises, including any geographic expansion or contraction of	79856
those boundaries, shall be approved by the state fire marshal in	79857
accordance with rules the state fire marshal adopts. If the	79858
licensed premises consists of more than one parcel of real	79859
estate, those parcels shall be contiguous unless an exception is	79860
allowed pursuant to division (I) of this section.	79861

(I)(1) A licensed manufacturer may expand its licensed	79862
premises within this state to include not more than two storage	79863
locations that are located upon one or more real estate parcels	79864
that are noncontiguous to the licensed premises as that licensed	79865
premises exists on the date a licensee submits an application as	79866
described below, if all of the following apply:	79867

(a) The licensee submits an application to the state fire	79868
marshal and an application fee of one hundred dollars per storage	79869
location for which the licensee is requesting approval.	79870

(b) The identity of the holder of the license remains the	79871
same at the storage location.	79872

(c) The storage location has received a valid certificate of	79873
zoning compliance as applicable and a valid certificate of	79874
occupancy for each building or structure at the storage location	79875
issued by the authority having jurisdiction to issue the	79876
certificate for the storage location, and those certificates	79877
permit the distribution and storage of fireworks regulated under	79878
this chapter at the storage location and in the buildings or	79879
structures. The storage location shall be in compliance with all	79880
other applicable federal, state, and local laws and regulations.	79881

(d) Every building or structure located upon the storage	79882
location is separated from occupied residential and nonresidential	79883
buildings or structures, railroads, highways, or any other	79884
buildings or structures on the licensed premises in accordance	79885
with the distances specified in the rules adopted by the state	79886
fire marshal pursuant to section 3743.05 of the Revised Code.	79887

(e) Neither the licensee nor any person holding, owning, or	79888
controlling a five per cent or greater beneficial or equity	79889
interest in the licensee has been convicted of or pleaded guilty	79890
to a felony under the laws of this state, any other state, or the	79891
United States, after September 29, 2005.	79892

(f) The state fire marshal approves the application for	79893
expansion.	79894

(2) The state fire marshal shall approve an application for	79895
expansion requested under division (I)(1) of this section if the	79896
state fire marshal receives the application fee and proof that	79897
the requirements of divisions (I)(1)(b) to (e) of this section	79898
are satisfied. The storage location shall be considered part of	79899
the original licensed premises and shall use the same distinct	79900
number assigned to the original licensed premises with any	79901
additional designations as the state fire marshal deems necessary	79902
in accordance with section 3743.03 of the Revised Code.	79903

(J)(1) A licensee who obtains approval for the use of a	79904
storage location in accordance with division (I) of this section	79905
shall use the storage location exclusively for the following	79906
activities, in accordance with division (C) of this section:	79907

(a) The packaging, assembling, or storing of fireworks, which	79908
shall only occur in buildings or structures approved for such	79909
hazardous uses by the building code official having jurisdiction	79910
for the storage location or, for 1.4G fireworks, in containers or	79911
trailers approved for such hazardous uses by the state fire	79912
marshal if such containers or trailers are not subject to	79913
regulation by the building code adopted in accordance with	79914
Chapter 3781. of the Revised Code. All such storage shall be in	79915
accordance with the rules adopted by the state fire marshal	79916
under division (G) of section 3743.05 of the Revised Code for	79917
the packaging, assembling, and storage of fireworks.	79918

(b) Distributing fireworks to other parcels of real estate	79919
located on the manufacturer's licensed premises, to licensed	79920
wholesalers or other licensed manufacturers in this state or to	79921
similarly licensed persons located in another state or country;	79922

(c) Distributing fireworks to a licensed exhibitor of	79923
fireworks pursuant to a properly issued permit in accordance with	79924
section 3743.54 of the Revised Code.	79925

(2) A licensed manufacturer shall not engage in any sales	79926
activity, including the retail sale of fireworks otherwise	79927
permitted under division (C)(2) or (C)(3) of this section, or	79928
pursuant to section 3743.44 or 3743.45 of the Revised Code, at the	79929
storage location approved under this section.	79930

(3) A storage location may not be relocated for a minimum	79931
period of five years after the storage location is approved by the	79932
state fire marshal in accordance with division (I) of this	79933
section.	79934

(K) The licensee shall prohibit public access to the storage	79935
location. The state fire marshal shall adopt rules to describe the	79936
acceptable measures a manufacturer shall use to prohibit access to	79937
the storage site.	79938

Sec. 3743.25. (A)(1) Except as described in division (A)(2)	79939
of this section, all retail sales of 1.4G fireworks by a licensed	79940
manufacturer or wholesaler shall only occur from an approved	79941
retail sales showroom on a licensed premises or from a	79942
representative sample showroom as described in this section on a	79943
licensed premises. For the purposes of this section, a retail sale	79944
includes the transfer of the possession of the 1.4G fireworks from	79945
the licensed manufacturer or wholesaler to the purchaser of the	79946
fireworks.	79947

(2) Sales of 1.4G fireworks to a licensed exhibitor for a	79948
properly permitted exhibition shall occur in accordance with the	79949
provisions of the Revised Code and rules adopted by the state fire	79950
marshal under Chapter 119. of the Revised Code. Such rules shall	79951
specify, at a minimum, that the licensed exhibitor holds a license	79952
under section 3743.51 of the Revised Code, that the exhibitor	79953
possesses a valid exhibition permit issued in accordance with	79954
section 3743.54 of the Revised Code, and that the fireworks	79955
shipped are to be used at the specifically permitted exhibition.	79956

(B) All wholesale sales of fireworks by a licensed	79957
manufacturer or wholesaler shall only occur from a licensed	79958
premises to persons who intend to resell the fireworks purchased	79959
at wholesale. A wholesale sale by a licensed manufacturer or	79960
wholesaler may occur as follows:	79961

(1) The direct sale and shipment of fireworks to a person	79962
outside of this state;	79963

(2) From an approved retail sales showroom as described in	79964
this section;	79965

(3) From a representative sample showroom as described in	79966
this section;	79967

(4) By delivery of wholesale fireworks to a purchaser at a	79968
licensed premises outside of a structure or building on that	79969
premises. All other portions of the wholesale sales transaction	79970
may occur at any location on a licensed premises.	79971

(5) Any other method as described in rules adopted by the	79972
state fire marshal under Chapter 119. of the Revised Code.	79973

(C) A licensed manufacturer or wholesaler shall only sell	79974
1.4G fireworks from a representative sample showroom or a retail	79975
sales showroom. Each licensed premises shall only contain one	79976
sales structure.	79977

A representative sample showroom shall consist of a structure	79978
constructed and maintained in accordance with the nonresidential	79979
building code adopted under Chapter 3781. of the Revised Code and	79980
the fire code adopted under section 3737.82 of the Revised Code	79981
for a use and occupancy group that permits mercantile sales. A	79982
representative sample showroom shall not contain any pyrotechnics,	79983
pyrotechnic materials, fireworks, explosives, explosive materials,	79984
or any similar hazardous materials or substances. A representative	79985
sample showroom shall be used only for the public viewing of	79986
fireworks product representations, including paper materials,	79987
packaging materials, catalogs, photographs, or other similar	79988
product depictions. The delivery of product to a purchaser of	79989
fireworks at a licensed premises that has a representative sample	79990
structure shall not occur inside any structure on a licensed	79991
premises. Such product delivery shall occur on the licensed	79992
premises in a manner prescribed by rules adopted by the state fire	79993
marshal pursuant to Chapter 119. of the Revised Code.	79994

If a manufacturer or wholesaler elects to conduct sales from	79995
a retail sales showroom, the showroom structures, to which the	79996
public may have any access and in which employees are required to	79997
work, on all licensed premises, shall comply with the following	79998
safety requirements:	79999

(1) A fireworks showroom that is constructed or upon which	80000
expansion is undertaken on and after June 30, 1997, shall be	80001
equipped with interlinked fire detection, fire suppression, smoke	80002
exhaust, and smoke evacuation systems that are approved by the	80003
superintendent of ~~the division of industrial compliance~~labor in	80004
the department of commerce.	80005

(2) A fireworks showroom that first begins to operate on or	80006
after June 30, 1997, and to which the public has access for	80007
retail purposes shall not exceed five thousand square feet in	80008
floor area.	80009

(3) A newly constructed or an existing fireworks showroom	80010
structure that exists on ~~the effective date of this amendment~~	80011
September 23, 2008, but that, on or after ~~the effective date of~~	80012
~~this amendment~~September 23, 2008, is altered or added to in a	80013
manner requiring the submission of plans, drawings,	80014
specifications, or data pursuant to section 3791.04 of the	80015
Revised Code, shall comply with a graphic floor plan layout	80016
that is approved by the state fire marshal and superintendent of	80017
~~the division of industrial compliance~~ showing width of aisles,	80018
parallel arrangement of aisles to exits, number of exits per	80019
wall, maximum occupancy load, evacuation plan for occupants,	80020
height of storage or display of merchandise, and other	80021
information as may be required by the state fire marshal and	80022
superintendent.	80023

(4) A fireworks showroom structure that exists on June 30,	80024
1997, shall be in compliance on or after June 30, 1997, with	80025
floor plans showing occupancy load limits and internal	80026
circulation and egress patterns that are approved by the state	80027
fire marshal and superintendent ~~of industrial compliance~~, and	80028
that are submitted under seal as required by section 3791.04 of	80029
the Revised Code.	80030

(D) The safety requirements established in division (C) of	80031
this section are not subject to any variance, waiver, or	80032
exclusion pursuant to this chapter or any applicable building	80033
code.	80034

Sec. 3745.015. There is hereby created in the state treasury	80035
the environmental protection fund consisting of money credited to	80036
the fund under ~~division~~divisions (A)(3) and (4) of section	80037
3734.57 of the Revised Code. The environmental protection agency	80038
shall use money in the fund to pay the agency's costs associated	80039
with administering and enforcing, or otherwise conducting	80040
activities under, this chapter and Chapters 3704., 3734., 3746.,	80041
3747., 3748., 3750., 3751., 3752., 3753., 5709., 6101., 6103.,	80042
6105., 6109., 6111., 6112., 6113., 6115., 6117., and 6119. and	80043
sections 122.65 and 1521.19 of the Revised Code.	80044

Sec. 3745.05. (A) In hearing the appeal, if an adjudication	80045
hearing was conducted by the director of environmental protection	80046
in accordance with sections 119.09 and 119.10 of the Revised Code	80047
or conducted by a board of health, the environmental review	80048
appeals commission is confined to the record as certified to it by	80049
the director or the board of health, as applicable. The commission	80050
may grant a request for the admission of additional evidence when	80051
satisfied that such additional evidence is newly discovered and	80052
could not with reasonable diligence have been ascertained prior to	80053
the hearing before the director or the board, as applicable. If no	80054
adjudication hearing was conducted in accordance with sections	80055
119.09 and 119.10 of the Revised Code or conducted by a board of	80056
health, the commission shall conduct a hearing de novo on the	80057
appeal.	80058

For the purpose of conducting a de novo hearing, or where the	80059
commission has granted a request for the admission of additional	80060
evidence, the commission may require the attendance of witnesses	80061
and the production of written or printed materials.	80062

When conducting a de novo hearing, or when a request for the	80063
admission of additional evidence has been granted, the commission	80064
may, and at the request of any party it shall, issue subpoenas for	80065
witnesses or for books, papers, correspondence, memoranda,	80066
agreements, or other documents or records relevant or material to	80067
the inquiry directed to the sheriff of the counties where the	80068
witnesses or documents or records are found, which subpoenas shall	80069
be served and returned in the same manner as those allowed by the	80070
court of common pleas in criminal cases.	80071

(B) The fees of sheriffs shall be the same as those allowed	80072
by the court of common pleas in criminal cases. Witnesses shall	80073
be paid the fees and mileage provided for under section 119.094	80074
of the Revised Code. The fee and mileage expenses incurred at	80075
the request of the appellant shall be paid in advance by the	80076
appellant, and the remainder of the expenses shall be paid out of	80077
funds appropriated for the expenses of the commission.	80078

(C) In case of disobedience or neglect of any subpoena served	80079
on any person, or the refusal of any witness to testify to any	80080
matter regarding which the witness may be lawfully interrogated,	80081
the court of common pleas of the county in which the	80082
disobedience, neglect, or refusal occurs, or any judge thereof,	80083
on application of the commission or any member thereof, may	80084
compel obedience by attachment proceedings for contempt as in the	80085
case of disobedience of the requirements of a subpoena issued	80086
from the court or a refusal to testify therein.	80087

(D) A witness at any hearing shall testify under oath or	80088
affirmation, which any member of the commission may administer. A	80089
witness, if the witness requests, shall be permitted to be	80090
accompanied, represented, and advised by an attorney, whose	80091
participation in the hearing shall be limited to the protection of	80092
the rights of the witness, and who may not examine or	80093
cross-examine witnesses. A witness shall be advised of the right	80094
to counsel before the witness is interrogated.	80095

(E) A stenographic record of the testimony and other evidence	80096
submitted shall be taken by an official court shorthand reporter.	80097
The record shall include all of the testimony and other evidence	80098
and the rulings on the admissibility thereof presented at the	80099
hearing. The commission shall pass upon the admissibility of	80100
evidence, but any party may at the time object to the admission of	80101
any evidence and except to the rulings of the commission thereon,	80102
and if the commission refuses to admit evidence the party offering	80103
same may make a proffer thereof, and such proffer shall be made a	80104
part of the record of such hearing.	80105

Any party may request the stenographic record of the hearing.	80106
Promptly after receiving such a request, the commission shall	80107
prepare and provide the stenographic record of the hearing to the	80108
party who requested it. The commission may charge a fee to the	80109
party who requested the stenographic record that does not exceed	80110
the cost to the commission for preparing and transcribing it.	80111

(F) If, upon completion of the hearing, the commission finds	80112
that the action appealed from was lawful and reasonable, it shall	80113
make a written order affirming the action, or if the commission	80114
finds that the action was unreasonable or unlawful, it shall make	80115
a written order vacating or modifying the action appealed from.	80116
~~Every~~	80117

The commission shall issue a written order affirming,	80118
vacating, or modifying an action pursuant to the following	80119
schedule:	80120

(1) For an appeal that was filed with the commission before	80121
April 15, 2008, the commission shall issue a written order not	80122
later than December 15, 2009.	80123

(2) For all other appeals that have been filed with the	80124
commission as of October 15, 2009, the commission shall issue a	80125
written order not later than July 15, 2010.	80126

(3) For an appeal that is filed with the commission after	80127
October 15, 2009, the commission shall issue a written order not	80128
later than twelve months after the filing of the appeal with the	80129
commission.	80130

(G) Every order made by the commission shall contain a	80131
written finding by the commission of the facts upon which the	80132
order is based. Notice of the making of the order shall be given	80133
forthwith to each party to the appeal by mailing a certified copy	80134
thereof to each party by certified mail, with a statement of the	80135
time and method by which an appeal may be perfected.	80136

(H) The order of the commission is final unless vacated or	80137
modified upon judicial review.	80138

Sec. 3745.11. (A) Applicants for and holders of permits,	80139
licenses, variances, plan approvals, and certifications issued by	80140
the director of environmental protection pursuant to Chapters	80141
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	80142
to the environmental protection agency for each such issuance and	80143
each application for an issuance as provided by this section. No	80144
fee shall be charged for any issuance for which no application has	80145
been submitted to the director.	80146

(B) Each person who is issued a permit to install prior to	80147
July 1, 2003, pursuant to rules adopted under division (F) of	80148
section 3704.03 of the Revised Code shall pay the fees specified	80149
in the following schedules:	80150

(1) Fuel-burning equipment (boilers)

80151

Input capacity (maximum)					80152
(million British thermal units per hour)		Permit to install			80153

Greater than 0, but less than 10	$ 200	80154
10 or more, but less than 100	400	80155
100 or more, but less than 300	800	80156
300 or more, but less than 500	1500	80157
500 or more, but less than 1000	2500	80158
1000 or more, but less than 5000	4000	80159
5000 or more	6000	80160

Units burning exclusively natural gas, number two fuel oil,	80161
or both shall be assessed a fee that is one-half of the applicable	80162
amount established in division (F)(1) of this section.	80163

(2) Incinerators

80164

Input capacity (pounds per hour)

Permit to install

80165

0 to 100	$ 100	80166
101 to 500	400	80167
501 to 2000	750	80168
2001 to 20,000	1000	80169
more than 20,000	2500	80170

(3)(a) Process

80171

Process weight rate (pounds per hour)

Permit to install

80172

0 to 1000	$ 200	80173
1001 to 5000	400	80174
5001 to 10,000	600	80175
10,001 to 50,000	800	80176
more than 50,000	1000	80177

In any process where process weight rate cannot be	80178
ascertained, the minimum fee shall be assessed.	80179

(b) Notwithstanding division (B)(3)(a) of this section, any	80180
person issued a permit to install pursuant to rules adopted under	80181
division (F) of section 3704.03 of the Revised Code shall pay the	80182
fees established in division (B)(3)(c) of this section for a	80183
process used in any of the following industries, as identified by	80184
the applicable four-digit standard industrial classification code	80185
according to the Standard Industrial Classification Manual	80186
published by the United States office of management and budget in	80187
the executive office of the president, 1972, as revised:	80188

1211 Bituminous coal and lignite mining;

80189

1213 Bituminous coal and lignite mining services;

80190

1411 Dimension stone;

80191

1422 Crushed and broken limestone;

80192

1427 Crushed and broken stone, not elsewhere classified;

80193

1442 Construction sand and gravel;

80194

1446 Industrial sand;

80195

3281 Cut stone and stone products;

80196

3295 Minerals and earth, ground or otherwise treated.

80197

(c) The fees established in the following schedule apply to	80198
the issuance of a permit to install pursuant to rules adopted	80199
under division (F) of section 3704.03 of the Revised Code for a	80200
process listed in division (B)(3)(b) of this section:	80201

Process weight rate (pounds per hour)

Permit to install

80202

0 to 1000	$ 200	80203
10,001 to 50,000	300	80204
50,001 to 100,000	400	80205
100,001 to 200,000	500	80206
200,001 to 400,000	600	80207
400,001 or more	700	80208

(4) Storage tanks

80209

Gallons (maximum useful capacity)

Permit to install

80210

0 to 20,000	$ 100	80211
20,001 to 40,000	150	80212
40,001 to 100,000	200	80213
100,001 to 250,000	250	80214
250,001 to 500,000	350	80215
500,001 to 1,000,000	500	80216
1,000,001 or greater	750	80217

(5) Gasoline/fuel dispensing facilities

80218

For each gasoline/fuel dispensing		Permit to install			80219
facility		$ 100			80220

(6) Dry cleaning facilities

80221

For each dry cleaning facility		Permit to install			80222
(includes all units at the facility)		$ 100			80223

(7) Registration status

80224

For each source covered		Permit to install			80225
by registration status		$ 75			80226

(C)(1) Except as otherwise provided in division (C)(2) of	80227
this section, beginning July 1, 1994, each person who owns or	80228
operates an air contaminant source and who is required to apply	80229
for and obtain a Title V permit under section 3704.036 of the	80230
Revised Code shall pay the fees set forth in division (C)(1) of	80231
this section. For the purposes of that division, total emissions	80232
of air contaminants may be calculated using engineering	80233
calculations, emissions factors, material balance calculations, or	80234
performance testing procedures, as authorized by the director.	80235

The following fees shall be assessed on the total actual	80236
emissions from a source in tons per year of the regulated	80237
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	80238
organic compounds, and lead:	80239

(a) Fifteen dollars per ton on the total actual emissions of	80240
each such regulated pollutant during the period July through	80241
December 1993, to be collected no sooner than July 1, 1994;	80242

(b) Twenty dollars per ton on the total actual emissions of	80243
each such regulated pollutant during calendar year 1994, to be	80244
collected no sooner than April 15, 1995;	80245

(c) Twenty-five dollars per ton on the total actual emissions	80246
of each such regulated pollutant in calendar year 1995, and each	80247
subsequent calendar year, to be collected no sooner than the	80248
fifteenth day of April of the year next succeeding the calendar	80249
year in which the emissions occurred.	80250

The fees levied under division (C)(1) of this section do not	80251
apply to that portion of the emissions of a regulated pollutant at	80252
a facility that exceed four thousand tons during a calendar year.	80253

(2) The fees assessed under division (C)(1) of this section	80254
are for the purpose of providing funding for the Title V permit	80255
program.	80256

(3) The fees assessed under division (C)(1) of this section	80257
do not apply to emissions from any electric generating unit	80258
designated as a Phase I unit under Title IV of the federal Clean	80259
Air Act prior to calendar year 2000. Those fees shall be assessed	80260
on the emissions from such a generating unit commencing in	80261
calendar year 2001 based upon the total actual emissions from the	80262
generating unit during calendar year 2000 and shall continue to be	80263
assessed each subsequent calendar year based on the total actual	80264
emissions from the generating unit during the preceding calendar	80265
year.	80266

(4) The director shall issue invoices to owners or operators	80267
of air contaminant sources who are required to pay a fee assessed	80268
under division (C) or (D) of this section. Any such invoice shall	80269
be issued no sooner than the applicable date when the fee first	80270
may be collected in a year under the applicable division, shall	80271
identify the nature and amount of the fee assessed, and shall	80272
indicate that the fee is required to be paid within thirty days	80273
after the issuance of the invoice.	80274

(D)(1) Except as provided in division (D)(3) of this section,	80275
from January 1, 1994, through December 31, 2003, each person who	80276
owns or operates an air contaminant source; who is required to	80277
apply for a permit to operate pursuant to rules adopted under	80278
division (G), or a variance pursuant to division (H), of section	80279
3704.03 of the Revised Code; and who is not required to apply for	80280
and obtain a Title V permit under section 3704.036 of the Revised	80281
Code shall pay a single fee based upon the sum of the actual	80282
annual emissions from the facility of the regulated pollutants	80283
particulate matter, sulfur dioxide, nitrogen oxides, organic	80284
compounds, and lead in accordance with the following schedule:	80285

Total tons per year		80286
of regulated pollutants	Annual fee	80287
emitted	per facility	80288
More than 0, but less than 50	$ 75	80289
50 or more, but less than 100	300	80290
100 or more	700	80291

(2) Except as provided in division (D)(3) of this section,	80292
beginning January 1, 2004, each person who owns or operates an air	80293
contaminant source; who is required to apply for a permit to	80294
operate pursuant to rules adopted under division (G), or a	80295
variance pursuant to division (H), of section 3704.03 of the	80296
Revised Code; and who is not required to apply for and obtain a	80297
Title V permit under section 3704.03 of the Revised Code shall pay	80298
a single fee based upon the sum of the actual annual emissions	80299
from the facility of the regulated pollutants particulate matter,	80300
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	80301
accordance with the following schedule:	80302

Total tons per year		80303
of regulated pollutants	Annual fee	80304
emitted	per facility	80305
More than 0, but less than 10	$ 100	80306
10 or more, but less than 50	200	80307
50 or more, but less than 100	300	80308
100 or more	700	80309

(3)(a) As used in division (D) of this section, "synthetic	80310
minor facility" means a facility for which one or more permits to	80311
install or permits to operate have been issued for the air	80312
contaminant sources at the facility that include terms and	80313
conditions that lower the facility's potential to emit air	80314
contaminants below the major source thresholds established in	80315
rules adopted under section 3704.036 of the Revised Code.	80316

(b) Beginning January 1, 2000, through June 30, ~~2010~~2012,	80317
each person who owns or operates a synthetic minor facility shall	80318
pay an annual fee based on the sum of the actual annual emissions	80319
from the facility of particulate matter, sulfur dioxide, nitrogen	80320
dioxide, organic compounds, and lead in accordance with the	80321
following schedule:	80322

Combined total tons		80323
per year of all regulated	Annual fee	80324
pollutants emitted	per facility	80325

Less than 10	$ 170	80326
10 or more, but less than 20	340	80327
20 or more, but less than 30	670	80328
30 or more, but less than 40	1,010	80329
40 or more, but less than 50	1,340	80330
50 or more, but less than 60	1,680	80331
60 or more, but less than 70	2,010	80332
70 or more, but less than 80	2,350	80333
80 or more, but less than 90	2,680	80334
90 or more, but less than 100	3,020	80335
100 or more	3,350	80336

(4) The fees assessed under division (D)(1) of this section	80337
shall be collected annually no sooner than the fifteenth day of	80338
April, commencing in 1995. The fees assessed under division	80339
(D)(2) of this section shall be collected annually no sooner than	80340
the fifteenth day of April, commencing in 2005. The fees assessed	80341
under division (D)(3) of this section shall be collected no sooner	80342
than the fifteenth day of April, commencing in 2000. The fees	80343
assessed under division (D) of this section in a calendar year	80344
shall be based upon the sum of the actual emissions of those	80345
regulated pollutants during the preceding calendar year. For the	80346
purpose of division (D) of this section, emissions of air	80347
contaminants may be calculated using engineering calculations,	80348
emission factors, material balance calculations, or performance	80349
testing procedures, as authorized by the director. The director,	80350
by rule, may require persons who are required to pay the fees	80351
assessed under division (D) of this section to pay those fees	80352
biennially rather than annually.	80353

(E)(1) Consistent with the need to cover the reasonable costs	80354
of the Title V permit program, the director annually shall	80355
increase the fees prescribed in division (C)(1) of this section by	80356
the percentage, if any, by which the consumer price index for the	80357
most recent calendar year ending before the beginning of a year	80358
exceeds the consumer price index for calendar year 1989. Upon	80359
calculating an increase in fees authorized by division (E)(1) of	80360
this section, the director shall compile revised fee schedules for	80361
the purposes of division (C)(1) of this section and shall make the	80362
revised schedules available to persons required to pay the fees	80363
assessed under that division and to the public.	80364

(2) For the purposes of division (E)(1) of this section:

80365

(a) The consumer price index for any year is the average of	80366
the consumer price index for all urban consumers published by the	80367
United States department of labor as of the close of the	80368
twelve-month period ending on the thirty-first day of August of	80369
that year.	80370

(b) If the 1989 consumer price index is revised, the director	80371
shall use the revision of the consumer price index that is most	80372
consistent with that for calendar year 1989.	80373

(F) Each person who is issued a permit to install pursuant to	80374
rules adopted under division (F) of section 3704.03 of the Revised	80375
Code on or after July 1, 2003, shall pay the fees specified in the	80376
following schedules:	80377

(1) Fuel-burning equipment (boilers, furnaces, or process	80378
heaters used in the process of burning fuel for the primary	80379
purpose of producing heat or power by indirect heat transfer)	80380

Input capacity (maximum)		80381
(million British thermal units per hour)	Permit to install	80382
Greater than 0, but less than 10	$ 200	80383
10 or more, but less than 100	400	80384
100 or more, but less than 300	1000	80385
300 or more, but less than 500	2250	80386
500 or more, but less than 1000	3750	80387
1000 or more, but less than 5000	6000	80388
5000 or more	9000	80389

Units burning exclusively natural gas, number two fuel oil,	80390
or both shall be assessed a fee that is one-half the applicable	80391
amount shown in division (F)(1) of this section.	80392

(2) Combustion turbines and stationary internal combustion	80393
engines designed to generate electricity	80394

Generating capacity (mega watts)	Permit to install	80395
0 or more, but less than 10	$ 25	80396
10 or more, but less than 25	150	80397
25 or more, but less than 50	300	80398
50 or more, but less than 100	500	80399
100 or more, but less than 250	1000	80400
250 or more	2000	80401

(3) Incinerators

80402

Input capacity (pounds per hour)	Permit to install	80403
0 to 100	$ 100	80404
101 to 500	500	80405
501 to 2000	1000	80406
2001 to 20,000	1500	80407
more than 20,000	3750	80408

(4)(a) Process

80409

Process weight rate (pounds per hour)	Permit to install	80410
0 to 1000	$ 200	80411
1001 to 5000	500	80412
5001 to 10,000	750	80413
10,001 to 50,000	1000	80414
more than 50,000	1250	80415

In any process where process weight rate cannot be	80416
ascertained, the minimum fee shall be assessed. A boiler, furnace,	80417
combustion turbine, stationary internal combustion engine, or	80418
process heater designed to provide direct heat or power to a	80419
process not designed to generate electricity shall be assessed a	80420
fee established in division (F)(4)(a) of this section. A	80421
combustion turbine or stationary internal combustion engine	80422
designed to generate electricity shall be assessed a fee	80423
established in division (F)(2) of this section.	80424

(b) Notwithstanding division (F)(4)(a) of this section, any	80425
person issued a permit to install pursuant to rules adopted under	80426
division (F) of section 3704.03 of the Revised Code shall pay the	80427
fees set forth in division (F)(4)(c) of this section for a process	80428
used in any of the following industries, as identified by the	80429
applicable two-digit, three-digit, or four-digit standard	80430
industrial classification code according to the Standard	80431
Industrial Classification Manual published by the United States	80432
office of management and budget in the executive office of the	80433
president, 1987, as revised:	80434

Major group 10, metal mining;

80435

Major group 12, coal mining;

80436

Major group 14, mining and quarrying of nonmetallic minerals;

80437

Industry group 204, grain mill products;

80438

2873 Nitrogen fertilizers;

80439

2874 Phosphatic fertilizers;

80440

3281 Cut stone and stone products;

80441

3295 Minerals and earth, ground or otherwise treated;

80442

4221 Grain elevators (storage only);

80443

5159 Farm related raw materials;

80444

5261 Retail nurseries and lawn and garden supply stores.

80445

(c) The fees set forth in the following schedule apply to the	80446
issuance of a permit to install pursuant to rules adopted under	80447
division (F) of section 3704.03 of the Revised Code for a process	80448
identified in division (F)(4)(b) of this section:	80449

Process weight rate (pounds per hour)	Permit to install	80450
0 to 10,000	$ 200	80451
10,001 to 50,000	400	80452
50,001 to 100,000	500	80453
100,001 to 200,000	600	80454
200,001 to 400,000	750	80455
400,001 or more	900	80456

(5) Storage tanks

80457

Gallons (maximum useful capacity)	Permit to install	80458
0 to 20,000	$ 100	80459
20,001 to 40,000	150	80460
40,001 to 100,000	250	80461
100,001 to 500,000	400	80462
500,001 or greater	750	80463

(6) Gasoline/fuel dispensing facilities

80464

For each gasoline/fuel		80465
dispensing facility (includes all	Permit to install	80466
units at the facility)	$ 100	80467

(7) Dry cleaning facilities

80468

For each dry cleaning		80469
facility (includes all units	Permit to install	80470
at the facility)	$ 100	80471

(8) Registration status

80472

For each source covered			Permit to install			80473
by registration status			$ 75			80474

(G) An owner or operator who is responsible for an asbestos	80475
demolition or renovation project pursuant to rules adopted under	80476
section 3704.03 of the Revised Code shall pay the fees set forth	80477
in the following schedule:	80478

Action	Fee	80479
Each notification	$75	80480
Asbestos removal	$3/unit	80481
Asbestos cleanup	$4/cubic yard	80482

For purposes of this division, "unit" means any combination of	80483
linear feet or square feet equal to fifty.	80484

(H) A person who is issued an extension of time for a permit	80485
to install an air contaminant source pursuant to rules adopted	80486
under division (F) of section 3704.03 of the Revised Code shall	80487
pay a fee equal to one-half the fee originally assessed for the	80488
permit to install under this section, except that the fee for such	80489
an extension shall not exceed two hundred dollars.	80490

(I) A person who is issued a modification to a permit to	80491
install an air contaminant source pursuant to rules adopted under	80492
section 3704.03 of the Revised Code shall pay a fee equal to	80493
one-half of the fee that would be assessed under this section to	80494
obtain a permit to install the source. The fee assessed by this	80495
division only applies to modifications that are initiated by the	80496
owner or operator of the source and shall not exceed two thousand	80497
dollars.	80498

(J) Notwithstanding division (B) or (F) of this section, a	80499
person who applies for or obtains a permit to install pursuant to	80500
rules adopted under division (F) of section 3704.03 of the Revised	80501
Code after the date actual construction of the source began shall	80502
pay a fee for the permit to install that is equal to twice the fee	80503
that otherwise would be assessed under the applicable division	80504
unless the applicant received authorization to begin construction	80505
under division (W) of section 3704.03 of the Revised Code. This	80506
division only applies to sources for which actual construction of	80507
the source begins on or after July 1, 1993. The imposition or	80508
payment of the fee established in this division does not preclude	80509
the director from taking any administrative or judicial	80510
enforcement action under this chapter, Chapter 3704., 3714.,	80511
3734., or 6111. of the Revised Code, or a rule adopted under any	80512
of them, in connection with a violation of rules adopted under	80513
division (F) of section 3704.03 of the Revised Code.	80514

As used in this division, "actual construction of the source"	80515
means the initiation of physical on-site construction activities	80516
in connection with improvements to the source that are permanent	80517
in nature, including, without limitation, the installation of	80518
building supports and foundations and the laying of underground	80519
pipework.	80520

(K) Fifty cents per ton of each fee assessed under division	80521
(C) of this section on actual emissions from a source and received	80522
by the environmental protection agency pursuant to that division	80523
shall be deposited into the state treasury to the credit of the	80524
small business assistance fund created in section 3706.19 of the	80525
Revised Code. The remainder of the moneys received by the division	80526
pursuant to that division and moneys received by the agency	80527
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this	80528
section shall be deposited in the state treasury to the credit of	80529
the clean air fund created in section 3704.035 of the Revised	80530
Code.	80531

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	80532
or (c) of this section, a person issued a water discharge permit	80533
or renewal of a water discharge permit pursuant to Chapter 6111.	80534
of the Revised Code shall pay a fee based on each point source to	80535
which the issuance is applicable in accordance with the following	80536
schedule:	80537

Design flow discharge (gallons per day)	Fee	80538
0 to 1000	$ 0	80539
1,001 to 5000	100	80540
5,001 to 50,000	200	80541
50,001 to 100,000	300	80542
100,001 to 300,000	525	80543
over 300,000	750	80544

(b) Notwithstanding the fee schedule specified in division	80545
(L)(1)(a) of this section, the fee for a water discharge permit	80546
that is applicable to coal mining operations regulated under	80547
Chapter 1513. of the Revised Code shall be two hundred fifty	80548
dollars per mine.	80549

(c) Notwithstanding the fee schedule specified in division	80550
(L)(1)(a) of this section, the fee for a water discharge permit	80551
for a public discharger identified by I in the third character of	80552
the permittee's NPDES permit number shall not exceed seven hundred	80553
fifty dollars.	80554

(2) A person applying for a plan approval for a wastewater	80555
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	80556
of the Revised Code shall pay a fee of one hundred dollars plus	80557
sixty-five one-hundredths of one per cent of the estimated project	80558
cost through June 30, ~~2010~~2012, and one hundred dollars plus	80559
two-tenths of one per cent of the estimated project cost on and	80560
after July 1, ~~2010~~2012, except that the total fee shall not	80561
exceed fifteen thousand dollars through June 30, ~~2010~~2012, and	80562
five thousand dollars on and after July 1, ~~2010~~2012. The fee	80563
shall be paid at the time the application is submitted.	80564

(3) A person issued a modification of a water discharge	80565
permit shall pay a fee equal to one-half the fee that otherwise	80566
would be charged for a water discharge permit, except that the fee	80567
for the modification shall not exceed four hundred dollars.	80568

(4) A person who has entered into an agreement with the	80569
director under section 6111.14 of the Revised Code shall pay an	80570
administrative service fee for each plan submitted under that	80571
section for approval that shall not exceed the minimum amount	80572
necessary to pay administrative costs directly attributable to	80573
processing plan approvals. The director annually shall calculate	80574
the fee and shall notify all persons who have entered into	80575
agreements under that section, or who have applied for agreements,	80576
of the amount of the fee.	80577

(5)(a)(i) Not later than January 30, ~~2008~~2010, and January	80578
30, ~~2009~~2011, a person holding an NPDES discharge permit issued	80579
pursuant to Chapter 6111. of the Revised Code with an average	80580
daily discharge flow of five thousand gallons or more shall pay a	80581
nonrefundable annual discharge fee. Any person who fails to pay	80582
the fee at that time shall pay an additional amount that equals	80583
ten per cent of the required annual discharge fee.	80584

(ii) The billing year for the annual discharge fee	80585
established in division (L)(5)(a)(i) of this section shall consist	80586
of a twelve-month period beginning on the first day of January of	80587
the year preceding the date when the annual discharge fee is due.	80588
In the case of an existing source that permanently ceases to	80589
discharge during a billing year, the director shall reduce the	80590
annual discharge fee, including the surcharge applicable to	80591
certain industrial facilities pursuant to division (L)(5)(c) of	80592
this section, by one-twelfth for each full month during the	80593
billing year that the source was not discharging, but only if the	80594
person holding the NPDES discharge permit for the source notifies	80595
the director in writing, not later than the first day of October	80596
of the billing year, of the circumstances causing the cessation of	80597
discharge.	80598

(iii) The annual discharge fee established in division	80599
(L)(5)(a)(i) of this section, except for the surcharge applicable	80600
to certain industrial facilities pursuant to division (L)(5)(c) of	80601
this section, shall be based upon the average daily discharge flow	80602
in gallons per day calculated using first day of May through	80603
thirty-first day of October flow data for the period two years	80604
prior to the date on which the fee is due. In the case of NPDES	80605
discharge permits for new sources, the fee shall be calculated	80606
using the average daily design flow of the facility until actual	80607
average daily discharge flow values are available for the time	80608
period specified in division (L)(5)(a)(iii) of this section. The	80609
annual discharge fee may be prorated for a new source as described	80610
in division (L)(5)(a)(ii) of this section.	80611

(b) An NPDES permit holder that is a public discharger shall	80612
pay the fee specified in the following schedule:	80613

Average daily	Fee due by	80614
discharge flow	January 30,	80615
	~~2008~~ 2010, and	80616
	January 30, ~~2009~~ 2011	80617

5,000 to 49,999	$ 200	80618
50,000 to 100,000	500	80619
100,001 to 250,000	1,050	80620
250,001 to 1,000,000	2,600	80621
1,000,001 to 5,000,000	5,200	80622
5,000,001 to 10,000,000	10,350	80623
10,000,001 to 20,000,000	15,550	80624
20,000,001 to 50,000,000	25,900	80625
50,000,001 to 100,000,000	41,400	80626
100,000,001 or more	62,100	80627

Public dischargers owning or operating two or more publicly	80628
owned treatment works serving the same political subdivision, as	80629
"treatment works" is defined in section 6111.01 of the Revised	80630
Code, and that serve exclusively political subdivisions having a	80631
population of fewer than one hundred thousand shall pay an annual	80632
discharge fee under division (L)(5)(b) of this section that is	80633
based on the combined average daily discharge flow of the	80634
treatment works.	80635

(c) An NPDES permit holder that is an industrial discharger,	80636
other than a coal mining operator identified by P in the third	80637
character of the permittee's NPDES permit number, shall pay the	80638
fee specified in the following schedule:	80639

Average daily	Fee due by	80640
discharge flow	January 30,	80641
	~~2008~~ 2010, and	80642
	January 30, ~~2009~~ 2011	80643

5,000 to 49,999	$ 250	80644
50,000 to 250,000	1,200	80645
250,001 to 1,000,000	2,950	80646
1,000,001 to 5,000,000	5,850	80647
5,000,001 to 10,000,000	8,800	80648
10,000,001 to 20,000,000	11,700	80649
20,000,001 to 100,000,000	14,050	80650
100,000,001 to 250,000,000	16,400	80651
250,000,001 or more	18,700	80652

In addition to the fee specified in the above schedule, an	80653
NPDES permit holder that is an industrial discharger classified as	80654
a major discharger during all or part of the annual discharge fee	80655
billing year specified in division (L)(5)(a)(ii) of this section	80656
shall pay a nonrefundable annual surcharge of seven thousand five	80657
hundred dollars not later than January 30, ~~2008~~2010, and not	80658
later than January 30, ~~2009~~2011. Any person who fails to pay the	80659
surcharge at that time shall pay an additional amount that equals	80660
ten per cent of the amount of the surcharge.	80661

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	80662
section, a public discharger identified by I in the third	80663
character of the permittee's NPDES permit number and an industrial	80664
discharger identified by I, J, L, V, W, X, Y, or Z in the third	80665
character of the permittee's NPDES permit number shall pay a	80666
nonrefundable annual discharge fee of one hundred eighty dollars	80667
not later than January 30, ~~2008~~2010, and not later than January	80668
30, ~~2009~~2011. Any person who fails to pay the fee at that time	80669
shall pay an additional amount that equals ten per cent of the	80670
required fee.	80671

(6) Each person obtaining a national pollutant discharge	80672
elimination system general or individual permit for municipal	80673
storm water discharge shall pay a nonrefundable storm water	80674
discharge fee of one hundred dollars per square mile of area	80675
permitted. The fee shall not exceed ten thousand dollars and shall	80676
be payable on or before January 30, 2004, and the thirtieth day of	80677
January of each year thereafter. Any person who fails to pay the	80678
fee on the date specified in division (L)(6) of this section shall	80679
pay an additional amount per year equal to ten per cent of the	80680
annual fee that is unpaid.	80681

(7) The director shall transmit all moneys collected under	80682
division (L) of this section to the treasurer of state for deposit	80683
into the state treasury to the credit of the surface water	80684
protection fund created in section 6111.038 of the Revised Code.	80685

(8) As used in division (L) of this section:

80686

(a) "NPDES" means the federally approved national pollutant	80687
discharge elimination system program for issuing, modifying,	80688
revoking, reissuing, terminating, monitoring, and enforcing	80689
permits and imposing and enforcing pretreatment requirements under	80690
Chapter 6111. of the Revised Code and rules adopted under it.	80691

(b) "Public discharger" means any holder of an NPDES permit	80692
identified by P in the second character of the NPDES permit number	80693
assigned by the director.	80694

(c) "Industrial discharger" means any holder of an NPDES	80695
permit identified by I in the second character of the NPDES permit	80696
number assigned by the director.	80697

(d) "Major discharger" means any holder of an NPDES permit	80698
classified as major by the regional administrator of the United	80699
States environmental protection agency in conjunction with the	80700
director.	80701

(M) Through June 30, ~~2010~~2012, a person applying for a	80702
license or license renewal to operate a public water system under	80703
section 6109.21 of the Revised Code shall pay the appropriate fee	80704
established under this division at the time of application to the	80705
director. Any person who fails to pay the fee at that time shall	80706
pay an additional amount that equals ten per cent of the required	80707
fee. The director shall transmit all moneys collected under this	80708
division to the treasurer of state for deposit into the drinking	80709
water protection fund created in section 6109.30 of the Revised	80710
Code.	80711

Except as provided in division (M)(4) of this section, fees	80712
required under this division shall be calculated and paid in	80713
accordance with the following schedule:	80714

(1) For the initial license required under division (A)(1) of	80715
section 6109.21 of the Revised Code for any public water system	80716
that is a community water system as defined in section 6109.01 of	80717
the Revised Code, and for each license renewal required for such a	80718
system prior to January 31, ~~2010~~2012, the fee is:	80719

Number of service connections		Fee amount	80720
	Not more than 49	$ 112	80721
	50 to 99	176	80722

Number of service connections		Average cost per connection	80723
	100 to 2,499	$ 1.92	80724
	2,500 to 4,999	1.48	80725
	5,000 to 7,499	1.42	80726
	7,500 to 9,999	1.34	80727
	10,000 to 14,999	1.16	80728
	15,000 to 24,999	1.10	80729
	25,000 to 49,999	1.04	80730
	50,000 to 99,999	.92	80731
	100,000 to 149,999	.86	80732
	150,000 to 199,999	.80	80733
	200,000 or more	.76	80734

A public water system may determine how it will pay the total	80735
amount of the fee calculated under division (M)(1) of this	80736
section, including the assessment of additional user fees that may	80737
be assessed on a volumetric basis.	80738

As used in division (M)(1) of this section, "service	80739
connection" means the number of active or inactive pipes,	80740
goosenecks, pigtails, and any other fittings connecting a water	80741
main to any building outlet.	80742

(2) For the initial license required under division (A)(2) of	80743
section 6109.21 of the Revised Code for any public water system	80744
that is not a community water system and serves a nontransient	80745
population, and for each license renewal required for such a	80746
system prior to January 31, ~~2010~~2012, the fee is:	80747

Population served	Fee amount	80748
Fewer than 150	$ 112	80749
150 to 299	176	80750
300 to 749	384	80751
750 to 1,499	628	80752
1,500 to 2,999	1,268	80753
3,000 to 7,499	2,816	80754
7,500 to 14,999	5,510	80755
15,000 to 22,499	9,048	80756
22,500 to 29,999	12,430	80757
30,000 or more	16,820	80758

As used in division (M)(2) of this section, "population	80759
served" means the total number of individuals receiving water from	80760
the water supply during a twenty-four-hour period for at least	80761
sixty days during any calendar year. In the absence of a specific	80762
population count, that number shall be calculated at the rate of	80763
three individuals per service connection.	80764

(3) For the initial license required under division (A)(3) of	80765
section 6109.21 of the Revised Code for any public water system	80766
that is not a community water system and serves a transient	80767
population, and for each license renewal required for such a	80768
system prior to January 31, ~~2010~~2012, the fee is:	80769

Number of wells supplying system		Fee amount	80770
	1	$112	80771
	2	112	80772
	3	176	80773
	4	278	80774
	5	568	80775
	System designated as using a		80776
	surface water source	792	80777

As used in division (M)(3) of this section, "number of wells	80778
supplying system" means those wells that are physically connected	80779
to the plumbing system serving the public water system.	80780

(4) A public water system designated as using a surface water	80781
source shall pay a fee of seven hundred ninety-two dollars or the	80782
amount calculated under division (M)(1) or (2) of this section,	80783
whichever is greater.	80784

(N)(1) A person applying for a plan approval for a public	80785
water supply system under section 6109.07 of the Revised Code	80786
shall pay a fee of one hundred fifty dollars plus thirty-five	80787
hundredths of one per cent of the estimated project cost, except	80788
that the total fee shall not exceed twenty thousand dollars	80789
through June 30, ~~2010~~2012, and fifteen thousand dollars on and	80790
after July 1, ~~2010~~2012. The fee shall be paid at the time the	80791
application is submitted.	80792

(2) A person who has entered into an agreement with the	80793
director under division (A)(2) of section 6109.07 of the Revised	80794
Code shall pay an administrative service fee for each plan	80795
submitted under that section for approval that shall not exceed	80796
the minimum amount necessary to pay administrative costs directly	80797
attributable to processing plan approvals. The director annually	80798
shall calculate the fee and shall notify all persons that have	80799
entered into agreements under that division, or who have applied	80800
for agreements, of the amount of the fee.	80801

(3) Through June 30, ~~2010~~2012, the following fee, on a per	80802
survey basis, shall be charged any person for services rendered by	80803
the state in the evaluation of laboratories and laboratory	80804
personnel for compliance with accepted analytical techniques and	80805
procedures established pursuant to Chapter 6109. of the Revised	80806
Code for determining the qualitative characteristics of water:	80807

microbiological			80808
	MMO-MUG	$2,000	80809
	MF	2,100	80810
	MMO-MUG and MF	2,550	80811
organic chemical		5,400	80812
trace metals		5,400	80813
standard chemistry		2,800	80814
limited chemistry		1,550	80815

On and after July 1, ~~2010~~2012, the following fee, on a per	80816
survey basis, shall be charged any such person:	80817

microbiological	$ 1,650	80818
organic chemicals	3,500	80819
trace metals	3,500	80820
standard chemistry	1,800	80821
limited chemistry	1,000	80822

The fee for those services shall be paid at the time the request	80823
for the survey is made. Through June 30, ~~2010~~ 2012, an individual	80824
laboratory shall not be assessed a fee under this division more	80825
than once in any three-year period unless the person requests the	80826
addition of analytical methods or analysts, in which case the	80827
person shall pay eighteen hundred dollars for each additional	80828
survey requested.	80829

As used in division (N)(3) of this section:

80830

(a) "MF" means microfiltration.

80831

(b) "MMO" means minimal medium ONPG.

80832

80833

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

80834

The director shall transmit all moneys collected under this	80835
division to the treasurer of state for deposit into the drinking	80836
water protection fund created in section 6109.30 of the Revised	80837
Code.	80838

(O) Any person applying to the director for examination for	80839
certification as an operator of a water supply system or	80840
wastewater system under Chapter 6109. or 6111. of the Revised	80841
Code, at the time the application is submitted, shall pay an	80842
application fee of forty-five dollars through November 30, ~~2010~~	80843
2012, and twenty-five dollars on and after December 1, ~~2010~~2012.	80844
Upon approval from the director that the applicant is eligible to	80845
take the examination therefor, the applicant shall pay a fee in	80846
accordance with the following schedule through November 30, ~~2010~~	80847
2012:	80848

Class A operator	$35	80849
Class I operator	60	80850
Class II operator	75	80851
Class III operator	85	80852
Class IV operator	100	80853

On and after December 1, ~~2010~~2012, the applicant shall pay a	80854
fee in accordance with the following schedule:	80855

Class A operator	$25	80856
Class I operator	$45	80857
Class II operator	55	80858
Class III operator	65	80859
Class IV operator	75	80860

A person shall pay a biennial certification renewal fee for	80861
each applicable class of certification in accordance with the	80862
following schedule:	80863

Class A operator	$25	80864
Class I operator	35	80865
Class II operator	45	80866
Class III operator	55	80867
Class IV operator	65	80868

If a certification renewal fee is received by the director	80869
more than thirty days, but not more than one year after the	80870
expiration date of the certification, the person shall pay a	80871
certification renewal fee in accordance with the following	80872
schedule:	80873

Class A operator	$45	80874
Class I operator	55	80875
Class II operator	65	80876
Class III operator	75	80877
Class IV operator	85	80878

A person who requests a replacement certificate shall pay a	80879
fee of twenty-five dollars at the time the request is made.	80880

The director shall transmit all moneys collected under this	80881
division to the treasurer of state for deposit into the drinking	80882
water protection fund created in section 6109.30 of the Revised	80883
Code.	80884

(P) Any person submitting an application for an industrial	80885
water pollution control certificate under section 6111.31 of the	80886
Revised Code, as that section existed before its repeal by H.B. 95	80887
of the 125th general assembly, shall pay a nonrefundable fee of	80888
five hundred dollars at the time the application is submitted. The	80889
director shall transmit all moneys collected under this division	80890
to the treasurer of state for deposit into the surface water	80891
protection fund created in section 6111.038 of the Revised Code. A	80892
person paying a certificate fee under this division shall not pay	80893
an application fee under division (S)(1) of this section. On and	80894
after June 26, 2003, persons shall file such applications and pay	80895
the fee as required under sections 5709.20 to 5709.27 of the	80896
Revised Code, and proceeds from the fee shall be credited as	80897
provided in section 5709.212 of the Revised Code.	80898

(Q) Except as otherwise provided in division (R) of this	80899
section, a person issued a permit by the director for a new solid	80900
waste disposal facility other than an incineration or composting	80901
facility, a new infectious waste treatment facility other than an	80902
incineration facility, or a modification of such an existing	80903
facility that includes an increase in the total disposal or	80904
treatment capacity of the facility pursuant to Chapter 3734. of	80905
the Revised Code shall pay a fee of ten dollars per thousand cubic	80906
yards of disposal or treatment capacity, or one thousand dollars,	80907
whichever is greater, except that the total fee for any such	80908
permit shall not exceed eighty thousand dollars. A person issued a	80909
modification of a permit for a solid waste disposal facility or an	80910
infectious waste treatment facility that does not involve an	80911
increase in the total disposal or treatment capacity of the	80912
facility shall pay a fee of one thousand dollars. A person issued	80913
a permit to install a new, or modify an existing, solid waste	80914
transfer facility under that chapter shall pay a fee of two	80915
thousand five hundred dollars. A person issued a permit to install	80916
a new or to modify an existing solid waste incineration or	80917
composting facility, or an existing infectious waste treatment	80918
facility using incineration as its principal method of treatment,	80919
under that chapter shall pay a fee of one thousand dollars. The	80920
increases in the permit fees under this division resulting from	80921
the amendments made by Amended Substitute House Bill 592 of the	80922
117th general assembly do not apply to any person who submitted an	80923
application for a permit to install a new, or modify an existing,	80924
solid waste disposal facility under that chapter prior to	80925
September 1, 1987; any such person shall pay the permit fee	80926
established in this division as it existed prior to June 24, 1988.	80927
In addition to the applicable permit fee under this division, a	80928
person issued a permit to install or modify a solid waste facility	80929
or an infectious waste treatment facility under that chapter who	80930
fails to pay the permit fee to the director in compliance with	80931
division (V) of this section shall pay an additional ten per cent	80932
of the amount of the fee for each week that the permit fee is	80933
late.	80934

Permit and late payment fees paid to the director under this	80935
division shall be credited to the general revenue fund.	80936

(R)(1) A person issued a registration certificate for a scrap	80937
tire collection facility under section 3734.75 of the Revised Code	80938
shall pay a fee of two hundred dollars, except that if the	80939
facility is owned or operated by a motor vehicle salvage dealer	80940
licensed under Chapter 4738. of the Revised Code, the person shall	80941
pay a fee of twenty-five dollars.	80942

(2) A person issued a registration certificate for a new	80943
scrap tire storage facility under section 3734.76 of the Revised	80944
Code shall pay a fee of three hundred dollars, except that if the	80945
facility is owned or operated by a motor vehicle salvage dealer	80946
licensed under Chapter 4738. of the Revised Code, the person shall	80947
pay a fee of twenty-five dollars.	80948

(3) A person issued a permit for a scrap tire storage	80949
facility under section 3734.76 of the Revised Code shall pay a fee	80950
of one thousand dollars, except that if the facility is owned or	80951
operated by a motor vehicle salvage dealer licensed under Chapter	80952
4738. of the Revised Code, the person shall pay a fee of fifty	80953
dollars.	80954

(4) A person issued a permit for a scrap tire monocell or	80955
monofill facility under section 3734.77 of the Revised Code shall	80956
pay a fee of ten dollars per thousand cubic yards of disposal	80957
capacity or one thousand dollars, whichever is greater, except	80958
that the total fee for any such permit shall not exceed eighty	80959
thousand dollars.	80960

(5) A person issued a registration certificate for a scrap	80961
tire recovery facility under section 3734.78 of the Revised Code	80962
shall pay a fee of one hundred dollars.	80963

(6) A person issued a permit for a scrap tire recovery	80964
facility under section 3734.78 of the Revised Code shall pay a fee	80965
of one thousand dollars.	80966

(7) In addition to the applicable registration certificate or	80967
permit fee under divisions (R)(1) to (6) of this section, a person	80968
issued a registration certificate or permit for any such scrap	80969
tire facility who fails to pay the registration certificate or	80970
permit fee to the director in compliance with division (V) of this	80971
section shall pay an additional ten per cent of the amount of the	80972
fee for each week that the fee is late.	80973

(8) The registration certificate, permit, and late payment	80974
fees paid to the director under divisions (R)(1) to (7) of this	80975
section shall be credited to the scrap tire management fund	80976
created in section 3734.82 of the Revised Code.	80977

(S)(1) Except as provided by divisions (L), (M), (N), (O),	80978
(P), and (S)(2) of this section, division (A)(2) of section	80979
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	80980
and rules adopted under division (T)(1) of this section, any	80981
person applying for a registration certificate under section	80982
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	80983
variance, or plan approval under Chapter 3734. of the Revised Code	80984
shall pay a nonrefundable fee of fifteen dollars at the time the	80985
application is submitted.	80986

Except as otherwise provided, any person applying for a	80987
permit, variance, or plan approval under Chapter 6109. or 6111. of	80988
the Revised Code shall pay a nonrefundable fee of one hundred	80989
dollars at the time the application is submitted through June 30,	80990
~~2010~~2012, and a nonrefundable fee of fifteen dollars at the time	80991
the application is submitted on and after July 1, ~~2010~~2012.	80992
Through June 30, ~~2010~~2012, any person applying for a national	80993
pollutant discharge elimination system permit under Chapter 6111.	80994
of the Revised Code shall pay a nonrefundable fee of two hundred	80995
dollars at the time of application for the permit. On and after	80996
July 1, ~~2010~~2012, such a person shall pay a nonrefundable fee of	80997
fifteen dollars at the time of application.	80998

In addition to the application fee established under division	80999
(S)(1) of this section, any person applying for a national	81000
pollutant discharge elimination system general storm water	81001
construction permit shall pay a nonrefundable fee of twenty	81002
dollars per acre for each acre that is permitted above five acres	81003
at the time the application is submitted. However, the per acreage	81004
fee shall not exceed three hundred dollars. In addition, any	81005
person applying for a national pollutant discharge elimination	81006
system general storm water industrial permit shall pay a	81007
nonrefundable fee of one hundred fifty dollars at the time the	81008
application is submitted.	81009

The director shall transmit all moneys collected under	81010
division (S)(1) of this section pursuant to Chapter 6109. of the	81011
Revised Code to the treasurer of state for deposit into the	81012
drinking water protection fund created in section 6109.30 of the	81013
Revised Code.	81014

The director shall transmit all moneys collected under	81015
division (S)(1) of this section pursuant to Chapter 6111. of the	81016
Revised Code to the treasurer of state for deposit into the	81017
surface water protection fund created in section 6111.038 of the	81018
Revised Code.	81019

If a registration certificate is issued under section	81020
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	81021
the application fee paid shall be deducted from the amount of the	81022
registration certificate fee due under division (R)(1), (2), or	81023
(5) of this section, as applicable.	81024

If a person submits an electronic application for a	81025
registration certificate, permit, variance, or plan approval for	81026
which an application fee is established under division (S)(1) of	81027
this section, the person shall pay the applicable application fee	81028
as expeditiously as possible after the submission of the	81029
electronic application. An application for a registration	81030
certificate, permit, variance, or plan approval for which an	81031
application fee is established under division (S)(1) of this	81032
section shall not be reviewed or processed until the applicable	81033
application fee, and any other fees established under this	81034
division, are paid.	81035

(2) Division (S)(1) of this section does not apply to an	81036
application for a registration certificate for a scrap tire	81037
collection or storage facility submitted under section 3734.75 or	81038
3734.76 of the Revised Code, as applicable, if the owner or	81039
operator of the facility or proposed facility is a motor vehicle	81040
salvage dealer licensed under Chapter 4738. of the Revised Code.	81041

(T) The director may adopt, amend, and rescind rules in	81042
accordance with Chapter 119. of the Revised Code that do all of	81043
the following:	81044

(1) Prescribe fees to be paid by applicants for and holders	81045
of any license, permit, variance, plan approval, or certification	81046
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	81047
the Revised Code that are not specifically established in this	81048
section. The fees shall be designed to defray the cost of	81049
processing, issuing, revoking, modifying, denying, and enforcing	81050
the licenses, permits, variances, plan approvals, and	81051
certifications.	81052

The director shall transmit all moneys collected under rules	81053
adopted under division (T)(1) of this section pursuant to Chapter	81054
6109. of the Revised Code to the treasurer of state for deposit	81055
into the drinking water protection fund created in section 6109.30	81056
of the Revised Code.	81057

The director shall transmit all moneys collected under rules	81058
adopted under division (T)(1) of this section pursuant to Chapter	81059
6111. of the Revised Code to the treasurer of state for deposit	81060
into the surface water protection fund created in section 6111.038	81061
of the Revised Code.	81062

(2) Exempt the state and political subdivisions thereof,	81063
including education facilities or medical facilities owned by the	81064
state or a political subdivision, or any person exempted from	81065
taxation by section 5709.07 or 5709.12 of the Revised Code, from	81066
any fee required by this section;	81067

(3) Provide for the waiver of any fee, or any part thereof,	81068
otherwise required by this section whenever the director	81069
determines that the imposition of the fee would constitute an	81070
unreasonable cost of doing business for any applicant, class of	81071
applicants, or other person subject to the fee;	81072

(4) Prescribe measures that the director considers necessary	81073
to carry out this section.	81074

(U) When the director reasonably demonstrates that the direct	81075
cost to the state associated with the issuance of a permit to	81076
install, license, variance, plan approval, or certification	81077
exceeds the fee for the issuance or review specified by this	81078
section, the director may condition the issuance or review on the	81079
payment by the person receiving the issuance or review of, in	81080
addition to the fee specified by this section, the amount, or any	81081
portion thereof, in excess of the fee specified under this	81082
section. The director shall not so condition issuances for which	81083
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	81084
section.	81085

(V) Except as provided in divisions (L), (M), and (P) of this	81086
section or unless otherwise prescribed by a rule of the director	81087
adopted pursuant to Chapter 119. of the Revised Code, all fees	81088
required by this section are payable within thirty days after the	81089
issuance of an invoice for the fee by the director or the	81090
effective date of the issuance of the license, permit, variance,	81091
plan approval, or certification. If payment is late, the person	81092
responsible for payment of the fee shall pay an additional ten per	81093
cent of the amount due for each month that it is late.	81094

(W) As used in this section, "fuel-burning equipment,"	81095
"fuel-burning equipment input capacity," "incinerator,"	81096
"incinerator input capacity," "process," "process weight rate,"	81097
"storage tank," "gasoline dispensing facility," "dry cleaning	81098
facility," "design flow discharge," and "new source treatment	81099
works" have the meanings ascribed to those terms by applicable	81100
rules or standards adopted by the director under Chapter 3704. or	81101
6111. of the Revised Code.	81102

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	81103
and (J) of this section, and in any other provision of this	81104
section pertaining to fees paid pursuant to Chapter 3704. of the	81105
Revised Code:	81106

(1) "Facility," "federal Clean Air Act," "person," and "Title	81107
V permit" have the same meanings as in section 3704.01 of the	81108
Revised Code.	81109

(2) "Title V permit program" means the following activities	81110
as necessary to meet the requirements of Title V of the federal	81111
Clean Air Act and 40 C.F.R. part 70, including at least:	81112

(a) Preparing and adopting, if applicable, generally	81113
applicable rules or guidance regarding the permit program or its	81114
implementation or enforcement;	81115

(b) Reviewing and acting on any application for a Title V	81116
permit, permit revision, or permit renewal, including the	81117
development of an applicable requirement as part of the processing	81118
of a permit, permit revision, or permit renewal;	81119

(c) Administering the permit program, including the	81120
supporting and tracking of permit applications, compliance	81121
certification, and related data entry;	81122

(d) Determining which sources are subject to the program and	81123
implementing and enforcing the terms of any Title V permit, not	81124
including any court actions or other formal enforcement actions;	81125

(e) Emission and ambient monitoring;

81126

(f) Modeling, analyses, or demonstrations;

81127

(g) Preparing inventories and tracking emissions;

81128

(h) Providing direct and indirect support to small business	81129
stationary sources to determine and meet their obligations under	81130
the federal Clean Air Act pursuant to the small business	81131
stationary source technical and environmental compliance	81132
assistance program required by section 507 of that act and	81133
established in sections 3704.18, 3704.19, and 3706.19 of the	81134
Revised Code.	81135

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	81136
of this section, each sewage sludge facility shall pay a	81137
nonrefundable annual sludge fee equal to three dollars and fifty	81138
cents per dry ton of sewage sludge, including the dry tons of	81139
sewage sludge in materials derived from sewage sludge, that the	81140
sewage sludge facility treats or disposes of in this state. The	81141
annual volume of sewage sludge treated or disposed of by a sewage	81142
sludge facility shall be calculated using the first day of January	81143
through the thirty-first day of December of the calendar year	81144
preceding the date on which payment of the fee is due.	81145

(2)(a) Except as provided in division (Y)(2)(d) of this	81146
section, each sewage sludge facility shall pay a minimum annual	81147
sewage sludge fee of one hundred dollars.	81148

(b) The annual sludge fee required to be paid by a sewage	81149
sludge facility that treats or disposes of exceptional quality	81150
sludge in this state shall be thirty-five per cent less per dry	81151
ton of exceptional quality sludge than the fee assessed under	81152
division (Y)(1) of this section, subject to the following	81153
exceptions:	81154

(i) Except as provided in division (Y)(2)(d) of this section,	81155
a sewage sludge facility that treats or disposes of exceptional	81156
quality sludge shall pay a minimum annual sewage sludge fee of one	81157
hundred dollars.	81158

(ii) A sewage sludge facility that treats or disposes of	81159
exceptional quality sludge shall not be required to pay the annual	81160
sludge fee for treatment or disposal in this state of exceptional	81161
quality sludge generated outside of this state and contained in	81162
bags or other containers not greater than one hundred pounds in	81163
capacity.	81164

A thirty-five per cent reduction for exceptional quality	81165
sludge applies to the maximum annual fees established under	81166
division (Y)(3) of this section.	81167

(c) A sewage sludge facility that transfers sewage sludge to	81168
another sewage sludge facility in this state for further treatment	81169
prior to disposal in this state shall not be required to pay the	81170
annual sludge fee for the tons of sewage sludge that have been	81171
transferred. In such a case, the sewage sludge facility that	81172
disposes of the sewage sludge shall pay the annual sludge fee.	81173
However, the facility transferring the sewage sludge shall pay the	81174
one-hundred-dollar minimum fee required under division (Y)(2)(a)	81175
of this section.	81176

In the case of a sewage sludge facility that treats sewage	81177
sludge in this state and transfers it out of this state to another	81178
entity for disposal, the sewage sludge facility in this state	81179
shall be required to pay the annual sludge fee for the tons of	81180
sewage sludge that have been transferred.	81181

(d) A sewage sludge facility that generates sewage sludge	81182
resulting from an average daily discharge flow of less than five	81183
thousand gallons per day is not subject to the fees assessed under	81184
division (Y) of this section.	81185

(3) No sewage sludge facility required to pay the annual	81186
sludge fee shall be required to pay more than the maximum annual	81187
fee for each disposal method that the sewage sludge facility uses.	81188
The maximum annual fee does not include the additional amount that	81189
may be charged under division (Y)(5) of this section for late	81190
payment of the annual sludge fee. The maximum annual fee for the	81191
following methods of disposal of sewage sludge is as follows:	81192

(a) Incineration: five thousand dollars;

81193

(b) Preexisting land reclamation project or disposal in a	81194
landfill: five thousand dollars;	81195

(c) Land application, land reclamation, surface disposal, or	81196
any other disposal method not specified in division (Y)(3)(a) or	81197
(b) of this section: twenty thousand dollars.	81198

(4)(a) In the case of an entity that generates sewage sludge	81199
or a sewage sludge facility that treats sewage sludge and	81200
transfers the sewage sludge to an incineration facility for	81201
disposal, the incineration facility, and not the entity generating	81202
the sewage sludge or the sewage sludge facility treating the	81203
sewage sludge, shall pay the annual sludge fee for the tons of	81204
sewage sludge that are transferred. However, the entity or	81205
facility generating or treating the sewage sludge shall pay the	81206
one-hundred-dollar minimum fee required under division (Y)(2)(a)	81207
of this section.	81208

(b) In the case of an entity that generates sewage sludge and	81209
transfers the sewage sludge to a landfill for disposal or to a	81210
sewage sludge facility for land reclamation or surface disposal,	81211
the entity generating the sewage sludge, and not the landfill or	81212
sewage sludge facility, shall pay the annual sludge fee for the	81213
tons of sewage sludge that are transferred.	81214

(5) Not later than the first day of April of the calendar	81215
year following March 17, 2000, and each first day of April	81216
thereafter, the director shall issue invoices to persons who are	81217
required to pay the annual sludge fee. The invoice shall identify	81218
the nature and amount of the annual sludge fee assessed and state	81219
the first day of May as the deadline for receipt by the director	81220
of objections regarding the amount of the fee and the first day of	81221
July as the deadline for payment of the fee.	81222

Not later than the first day of May following receipt of an	81223
invoice, a person required to pay the annual sludge fee may submit	81224
objections to the director concerning the accuracy of information	81225
regarding the number of dry tons of sewage sludge used to	81226
calculate the amount of the annual sludge fee or regarding whether	81227
the sewage sludge qualifies for the exceptional quality sludge	81228
discount established in division (Y)(2)(b) of this section. The	81229
director may consider the objections and adjust the amount of the	81230
fee to ensure that it is accurate.	81231

If the director does not adjust the amount of the annual	81232
sludge fee in response to a person's objections, the person may	81233
appeal the director's determination in accordance with Chapter	81234
119. of the Revised Code.	81235

Not later than the first day of June, the director shall	81236
notify the objecting person regarding whether the director has	81237
found the objections to be valid and the reasons for the finding.	81238
If the director finds the objections to be valid and adjusts the	81239
amount of the annual sludge fee accordingly, the director shall	81240
issue with the notification a new invoice to the person	81241
identifying the amount of the annual sludge fee assessed and	81242
stating the first day of July as the deadline for payment.	81243

Not later than the first day of July, any person who is	81244
required to do so shall pay the annual sludge fee. Any person who	81245
is required to pay the fee, but who fails to do so on or before	81246
that date shall pay an additional amount that equals ten per cent	81247
of the required annual sludge fee.	81248

(6) The director shall transmit all moneys collected under	81249
division (Y) of this section to the treasurer of state for deposit	81250
into the surface water protection fund created in section 6111.038	81251
of the Revised Code. The moneys shall be used to defray the costs	81252
of administering and enforcing provisions in Chapter 6111. of the	81253
Revised Code and rules adopted under it that govern the use,	81254
storage, treatment, or disposal of sewage sludge.	81255

(7) Beginning in fiscal year 2001, and every two years	81256
thereafter, the director shall review the total amount of moneys	81257
generated by the annual sludge fees to determine if that amount	81258
exceeded six hundred thousand dollars in either of the two	81259
preceding fiscal years. If the total amount of moneys in the fund	81260
exceeded six hundred thousand dollars in either fiscal year, the	81261
director, after review of the fee structure and consultation with	81262
affected persons, shall issue an order reducing the amount of the	81263
fees levied under division (Y) of this section so that the	81264
estimated amount of moneys resulting from the fees will not exceed	81265
six hundred thousand dollars in any fiscal year.	81266

If, upon review of the fees under division (Y)(7) of this	81267
section and after the fees have been reduced, the director	81268
determines that the total amount of moneys collected and	81269
accumulated is less than six hundred thousand dollars, the	81270
director, after review of the fee structure and consultation with	81271
affected persons, may issue an order increasing the amount of the	81272
fees levied under division (Y) of this section so that the	81273
estimated amount of moneys resulting from the fees will be	81274
approximately six hundred thousand dollars. Fees shall never be	81275
increased to an amount exceeding the amount specified in division	81276
(Y)(7) of this section.	81277

Notwithstanding section 119.06 of the Revised Code, the	81278
director may issue an order under division (Y)(7) of this section	81279
without the necessity to hold an adjudicatory hearing in	81280
connection with the order. The issuance of an order under this	81281
division is not an act or action for purposes of section 3745.04	81282
of the Revised Code.	81283

(8) As used in division (Y) of this section:

81284

(a) "Sewage sludge facility" means an entity that performs	81285
treatment on or is responsible for the disposal of sewage sludge.	81286

(b) "Sewage sludge" means a solid, semi-solid, or liquid	81287
residue generated during the treatment of domestic sewage in a	81288
treatment works as defined in section 6111.01 of the Revised Code.	81289
"Sewage sludge" includes, but is not limited to, scum or solids	81290
removed in primary, secondary, or advanced wastewater treatment	81291
processes. "Sewage sludge" does not include ash generated during	81292
the firing of sewage sludge in a sewage sludge incinerator, grit	81293
and screenings generated during preliminary treatment of domestic	81294
sewage in a treatment works, animal manure, residue generated	81295
during treatment of animal manure, or domestic septage.	81296

(c) "Exceptional quality sludge" means sewage sludge that	81297
meets all of the following qualifications:	81298

(i) Satisfies the class A pathogen standards in 40 C.F.R.	81299
503.32(a);	81300

(ii) Satisfies one of the vector attraction reduction	81301
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	81302

(iii) Does not exceed the ceiling concentration limitations	81303
for metals listed in table one of 40 C.F.R. 503.13;	81304

(iv) Does not exceed the concentration limitations for metals	81305
listed in table three of 40 C.F.R. 503.13.	81306

(d) "Treatment" means the preparation of sewage sludge for	81307
final use or disposal and includes, but is not limited to,	81308
thickening, stabilization, and dewatering of sewage sludge.	81309

(e) "Disposal" means the final use of sewage sludge,	81310
including, but not limited to, land application, land reclamation,	81311
surface disposal, or disposal in a landfill or an incinerator.	81312

(f) "Land application" means the spraying or spreading of	81313
sewage sludge onto the land surface, the injection of sewage	81314
sludge below the land surface, or the incorporation of sewage	81315
sludge into the soil for the purposes of conditioning the soil or	81316
fertilizing crops or vegetation grown in the soil.	81317

(g) "Land reclamation" means the returning of disturbed land	81318
to productive use.	81319

(h) "Surface disposal" means the placement of sludge on an	81320
area of land for disposal, including, but not limited to,	81321
monofills, surface impoundments, lagoons, waste piles, or	81322
dedicated disposal sites.	81323

(i) "Incinerator" means an entity that disposes of sewage	81324
sludge through the combustion of organic matter and inorganic	81325
matter in sewage sludge by high temperatures in an enclosed	81326
device.	81327

(j) "Incineration facility" includes all incinerators owned	81328
or operated by the same entity and located on a contiguous tract	81329
of land. Areas of land are considered to be contiguous even if	81330
they are separated by a public road or highway.	81331

(k) "Annual sludge fee" means the fee assessed under division	81332
(Y)(1) of this section.	81333

(l) "Landfill" means a sanitary landfill facility, as defined	81334
in rules adopted under section 3734.02 of the Revised Code, that	81335
is licensed under section 3734.05 of the Revised Code.	81336

(m) "Preexisting land reclamation project" means a	81337
property-specific land reclamation project that has been in	81338
continuous operation for not less than five years pursuant to	81339
approval of the activity by the director and includes the	81340
implementation of a community outreach program concerning the	81341
activity.	81342

Sec. 3748.01. As used in this chapter:

81343

(A) "Byproduct material" means either of the following:

81344

(1) Any radioactive material, except special nuclear	81345
material, yielded in or made radioactive by exposure to radiation	81346
incident to the process of producing or utilizing special nuclear	81347
material;	81348

(2) The tailings or wastes produced by the extraction or	81349
concentration of uranium or thorium from any ore processed	81350
primarily for its source material content.	81351

(B) "Certified radiation expert" means an individual who has	81352
complied with all of the following:	81353

(1) Applied to the director of health for certification as a	81354
radiation expert under section 3748.12 of the Revised Code;	81355

(2) Met minimum education and experience requirements	81356
established in rules adopted under division (C) of section 3748.04	81357
of the Revised Code;	81358

(3) Been granted a certificate as a radiation expert by the	81359
director under section 3748.12 of the Revised Code.	81360

(C) "Closure" or "site closure" refers to a facility for the	81361
disposal of low-level radioactive waste or a byproduct material	81362
site, as "byproduct material" is defined in division (A)(2) of	81363
this section, and means all activities performed at a licensed	81364
operation, such as stabilization and contouring, to ensure that	81365
the site where the operation occurred is in a stable condition so	81366
that only minor custodial care, surveillance, and monitoring are	81367
necessary at the site following the termination of the licensed	81368
operation.	81369

(D) "Decommissioning" means to safely remove any licensed	81370
operation from service and reduce residual radioactivity to a	81371
level that permits release of the licensee's property for	81372
unrestricted use. With regard to a facility for the disposal of	81373
low-level radioactive waste or a byproduct material site, as	81374
"byproduct material" is defined in division (A)(2) of this	81375
section, "decommissioning" does not include the reduction of	81376
residual radioactivity to a level that permits release of the	81377
facility for unrestricted use.	81378

(E) "Director of health" includes a designee or authorized	81379
representative of the director.	81380

(F) "Disposal," with regard to low-level radioactive waste,	81381
means the permanent isolation of that waste in accordance with	81382
requirements established by the United States nuclear regulatory	81383
commission or the licensing agreement state.	81384

(G) "Disposal site" means that portion of a facility that is	81385
used for the disposal of low-level radioactive waste and that	81386
consists of disposal units and a buffer zone. "Disposal unit"	81387
means a discrete portion of such a facility into which low-level	81388
radioactive waste is placed for disposal.	81389

(H)(1) Except as provided in division (H)(2) of this section,	81390
"facility" means the state, any political subdivision, person,	81391
public or private institution, or group, or any unit of one of	81392
those entities, but does not include the federal government or any	81393
of its agencies.	81394

(2) For the purposes of the disposal of low-level radioactive	81395
waste, "facility" has the same meaning as in section 3747.01 of	81396
the Revised Code.	81397

(I) "Handle" means receive, possess, use, store, transfer,	81398
install, service, or dispose of sources of radiation unless	81399
possession is solely for the purpose of transportation.	81400

(J) "Handler" means a facility that handles sources of	81401
radiation unless possession is solely for the purpose of	81402
transportation.	81403

(K) "Inspection" means an official review, examination, or	81404
observation, including, without limitation, tests, surveys, and	81405
monitoring, that is used to determine compliance with rules,	81406
orders, requirements, and conditions of the department of health	81407
and that is conducted by the director of health.	81408

(L) "Low-level radioactive waste" has the same meaning as in	81409
section 3747.01 of the Revised Code with regard to the disposal of	81410
low-level radioactive waste. In regard to regulatory control at	81411
locations other than a disposal facility, "low-level radioactive	81412
waste" has the same meaning as in 42 U.S.C.A. 2021b.	81413

(M) "Quality assurance program" means a program providing	81414
for verification by written procedures such as testing, auditing,	81415
and inspection to ensure that deficiencies, deviations, defective	81416
equipment, or unsafe practices, or a combination thereof, relating	81417
to the use, disposal, management, or manufacture of radiation	81418
sources are identified, promptly corrected, and reported to the	81419
appropriate regulatory authorities.	81420

(N) "Radiation" means ionizing and nonionizing radiation.

81421

(1) "Ionizing radiation" means gamma rays and X-rays, alpha	81422
and beta particles, high-speed electrons, neutrons, protons, and	81423
other nuclear particles, but does not include sound or radio waves	81424
or visible, infrared, or ultraviolet light.	81425

(2) "Nonionizing radiation" means any electromagnetic	81426
radiation, other than ionizing electromagnetic radiation, or any	81427
sonic, ultrasonic, or infrasonic wave.	81428

(O) "Radioactive material" means any solid, liquid, or	81429
gaseous material that emits ionizing radiation spontaneously.	81430
"Radioactive material" includes accelerator-produced and naturally	81431
occurring materials and byproduct, source, and special nuclear	81432
material.	81433

(P) "Radiation-generating equipment" means any manufactured	81434
product or device, or component of such a product or device, or	81435
any machine or system that during operation can generate or emit	81436
radiation, except those that emit radiation only from radioactive	81437
material. "Radiation-generating equipment" does not include either	81438
of the following:	81439

(1) Diathermy machines;

81440

(2) Microwave ovens, including food service microwave ovens	81441
used for commercial and industrial uses, television receivers,	81442
electric lamps, and other household appliances and products that	81443
generate very low levels of radiation.	81444

(Q) "Source material" means uranium, thorium, or any	81445
combination thereof in any physical or chemical form, or any ores	81446
that contain by weight at least one-twentieth of one per cent of	81447
uranium, thorium, or any combination thereof. "Source material"	81448
does not include special nuclear material.	81449

(R) "Source of radiation" means radioactive material or	81450
radiation-generating equipment.	81451

(S) "Special nuclear material" means either of the following:

81452

(1) Plutonium, uranium 233, uranium enriched in the isotope	81453
233 or in the isotope 235, and any other material that the United	81454
States nuclear regulatory commission determines to be special	81455
nuclear material, but does not include source material pursuant to	81456
section 51 of the "Atomic Energy Act of 1954," 68 Stat. 919, 42	81457
U.S.C.A. 2071."	81458

(2) Except for any source material, any material artificially	81459
enriched by any of the materials identified in division (S)(1) of	81460
this section.	81461

(T) "Storage" means the retention of radioactive materials,	81462
including low-level radioactive waste, prior to disposal in a	81463
manner that allows for surveillance, control, and subsequent	81464
retrieval.	81465

(U) "Medical practitioner" means a person who is authorized	81466
pursuant to Chapter 4715. of the Revised Code to practice	81467
dentistry; pursuant to Chapter 4731. of the Revised Code to	81468
practice medicine and surgery, osteopathic medicine and surgery,	81469
or podiatric medicine and surgery; or pursuant to Chapter 4734. of	81470
the Revised Code to practice chiropractic.	81471

(V) "Medical-practitioner group" means a corporation,	81472
partnership, or other business entity, other than a hospital as	81473
defined in section 3727.01 of the Revised Code, consisting of	81474
medical practitioners.	81475

Sec. 3748.04. The public health council, in accordance with	81476
Chapter 119. of the Revised Code, shall adopt and may amend or	81477
rescind rules doing all of the following:	81478

(A) Listing types of radioactive material for which licensure	81479
by its handler is required and types of radiation-generating	81480
equipment for which registration by its handler is required, and	81481
establishing requirements governing them. Rules adopted under	81482
division (A) of this section shall be compatible with applicable	81483
federal regulations and shall establish all of the following,	81484
without limitation:	81485

(1) Requirements governing both of the following:

81486

(a) The licensing and inspection of handlers of radioactive	81487
material. Standards established in rules adopted under division	81488
(A)(1)(a) of this section regarding byproduct material or any	81489
activity that results in the production of that material, to the	81490
extent practicable, shall be equivalent to or more stringent than	81491
applicable standards established by the United States nuclear	81492
regulatory commission.	81493

(b) The registration and inspection of handlers of	81494
radiation-generating equipment. Standards established in rules	81495
adopted under division (A)(1)(b) of this section, to the extent	81496
practicable, shall be equivalent to applicable standards	81497
established by the food and drug administration in the United	81498
States department of health and human services.	81499

(2) Identification of and requirements governing possession	81500
and use of specifically licensed and generally licensed quantities	81501
of radioactive material as either sealed sources or unsealed	81502
sources;	81503

(3) A procedure for the issuance of and the frequency of	81504
renewal of the licenses of handlers of radioactive material, other	81505
than a license for a facility for the disposal of low-level	81506
radioactive waste, and of the certificates of registration of	81507
handlers of radiation-generating equipment;	81508

(4) Procedures for suspending and revoking the licenses of	81509
handlers of radioactive material and the certificates of	81510
registration of handlers of radiation-generating equipment;	81511

(5) Criteria to be used by the director of health in amending	81512
the license of a handler of radioactive material or the	81513
certificate of registration of a handler of radiation-generating	81514
equipment subsequent to its issuance;	81515

(6) Criteria for achieving and maintaining compliance with	81516
this chapter and rules adopted under it by licensees and	81517
registrants;	81518

(7) Criteria governing environmental monitoring of licensed	81519
and registered activities to assess compliance with this chapter	81520
and rules adopted under it;	81521

(8) ~~Except as otherwise provided in division (A)(8) of this~~	81522
~~section, fees~~Fees for ~~the~~both of the following:	81523

(a) The licensing of handlers ~~of radioactive material~~, other	81524
than ~~a facility~~facilities for the disposal of low-level	81525
radioactive waste, ~~and the~~of radioactive material;	81526

(b) The registration of handlers, other than facilities that	81527
are, or are operated by, medical practitioners or	81528
medical-practitioner groups, of radiation-generating equipment ~~and~~	81529
a.	81530

(9) A fee schedule for ~~their~~both of the following that	81531
includes fees for reviews, conducted during an inspection, of	81532
shielding plans or the adequacy of shielding:	81533

(a) The inspection of handlers of radioactive material;

81534

(b) The inspection of handlers, other than facilities that	81535
are, or are operated by, medical practitioners or	81536
medical-practitioner groups, of radiation-generating equipment.	81537
~~Rules adopted under division (A)(8) of this section shall not~~	81538
~~revise any fees established in section 3748.07 or 3748.13 of the~~	81539
~~Revised Code to be paid by any handler of radiation-generating~~	81540
~~equipment that is a medical practitioner or a corporation,~~	81541
~~partnership, or other business entity consisting of medical~~	81542
~~practitioners, other than a hospital as defined in section~~	81543
~~3727.01 of the Revised Code.~~	81544

~~As used in division (A)(8) of this section, "medical~~	81545
~~practitioner" means a person who is authorized to practice~~	81546
~~dentistry pursuant to Chapter 4715. of the Revised Code; medicine~~	81547
~~and surgery, osteopathic medicine and surgery, or podiatry~~	81548
~~pursuant to Chapter 4731. of the Revised Code; or chiropractic~~	81549
~~pursuant to Chapter 4734. of the Revised Code.~~	81550

(B)(1) Identifying sources of radiation, circumstances of	81551
possession, use, or disposal of sources of radiation, and levels	81552
of radiation that constitute an unreasonable or unnecessary risk	81553
to human health or the environment;	81554

(2) Establishing requirements for the achievement and	81555
maintenance of compliance with standards for the receipt,	81556
possession, use, storage, installation, transfer, servicing, and	81557
disposal of sources of radiation to prevent levels of radiation	81558
that constitute an unreasonable or unnecessary risk to human	81559
health or the environment;	81560

(3) Requiring the maintenance of records on the receipt, use,	81561
storage, transfer, and disposal of radioactive material and on the	81562
radiological safety aspects of the use and maintenance of	81563
radiation-generating equipment.	81564

In adopting rules under divisions (A) and (B) of this	81565
section, the council shall use standards no less stringent than	81566
the "suggested state regulations for control of radiation"	81567
prepared by the conference of radiation control program directors,	81568
inc., and regulations adopted by the United States nuclear	81569
regulatory commission, the United States environmental protection	81570
agency, and the United States department of health and human	81571
services and shall consider reports of the national council on	81572
radiation protection and measurement and the relevant standards of	81573
the American national standards institute.	81574

(C) Establishing fees, procedures, and requirements for	81575
certification as a radiation expert, including all of the	81576
following, without limitation:	81577

(1) Minimum training and experience requirements;

81578

(2) Procedures for applying for certification;

81579

(3) Procedures for review of applications and issuance of	81580
certificates;	81581

(4) Procedures for suspending and revoking certification.

81582

(D) Establishing a schedule for inspection of sources of	81583
radiation and their shielding and surroundings;	81584

(E) Establishing the responsibilities of a radiation expert;

81585

(F) Establishing criteria for quality assurance programs for	81586
licensees of radioactive material and registrants of	81587
radiation-generating equipment;	81588

(G) Establishing fees to be paid by any facility that, on	81589
September 8, 1995, holds a license from the United States nuclear	81590
regulatory commission in order to provide moneys necessary for the	81591
transfer of licensing and other regulatory authority from the	81592
commission to the state pursuant to section 3748.03 of the Revised	81593
Code. Rules adopted under this division shall stipulate that fees	81594
so established do not apply to any functions dealing specifically	81595
with a facility for the disposal of low-level radioactive waste.	81596
Fees collected under this division shall be deposited into the	81597
state treasury to the credit of the general operations fund	81598
created in section 3701.83 of the Revised Code. The fees shall be	81599
used solely to administer and enforce this chapter and rules	81600
adopted under it.	81601

(H) Establishing fees to be collected annually from	81602
generators of low-level radioactive waste, which shall be based	81603
upon the volume and radioactivity of the waste generated and the	81604
costs of administering low-level radioactive waste management	81605
activities under this chapter and rules adopted under it. All fees	81606
collected under this division shall be deposited into the state	81607
treasury to the credit of the general operations fund created in	81608
section 3701.83 of the Revised Code. The fees shall be used solely	81609
to administer and enforce this chapter and rules adopted under it.	81610
Any fee required under this division that has not been paid	81611
within ninety days after the invoice date shall be assessed at	81612
two times the original invoiced fee. Any fee that has not been	81613
paid within one hundred eighty days after the invoice date shall	81614
be assessed at five times the original invoiced fee.	81615

(I) Establishing requirements governing closure,	81616
decontamination, decommissioning, reclamation, and long-term	81617
surveillance and care of a facility licensed under this chapter	81618
and rules adopted under it. Rules adopted under division (I) of	81619
this section shall include, without limitation, all of the	81620
following:	81621

(1) Standards and procedures to ensure that a licensee	81622
prepares a decommissioning funding plan that provides an adequate	81623
financial guaranty to permit the completion of all requirements	81624
governing the closure, decontamination, decommissioning, and	81625
reclamation of sites, structures, and equipment used in	81626
conjunction with a licensed activity;	81627

(2) For licensed activities where radioactive material that	81628
will require surveillance or care is likely to remain at the site	81629
after the licensed activities cease, as indicated in the	81630
application for the license submitted under section 3748.07 of the	81631
Revised Code, standards and procedures to ensure that the licensee	81632
prepares an additional decommissioning funding plan for long-term	81633
surveillance and care, before termination of the license, that	81634
provides an additional adequate financial guaranty as necessary to	81635
provide for that surveillance and care;	81636

(3) For the purposes of the decommissioning funding plans	81637
required in rules adopted under divisions (I)(1) and (2) of this	81638
section, the types of acceptable financial guaranties, which shall	81639
include bonds issued by fidelity or surety companies authorized to	81640
do business in the state, certificates of deposit, deposits of	81641
government securities, irrevocable letters or lines of credit,	81642
trust funds, escrow accounts, or other similar types of	81643
arrangements, but shall not include any arrangement that	81644
constitutes self-insurance;	81645

(4) A requirement that the decommissioning funding plans	81646
required in rules adopted under divisions (I)(1) and (2) of this	81647
section contain financial guaranties in amounts sufficient to	81648
ensure compliance with any standards established by the United	81649
States nuclear regulatory commission, or by the state if it has	81650
become an agreement state pursuant to section 3748.03 of the	81651
Revised Code, pertaining to closure, decontamination,	81652
decommissioning, reclamation, and long-term surveillance and care	81653
of licensed activities and sites of licensees.	81654

Standards established in rules adopted under division (I) of	81655
this section regarding any activity that resulted in the	81656
production of byproduct material, as defined in division (A)(2) of	81657
section 3748.01 of the Revised Code, to the extent practicable,	81658
shall be equivalent to or more stringent than standards	81659
established by the United States nuclear regulatory commission for	81660
sites at which ores were processed primarily for their source	81661
material content and at which byproduct material, as defined in	81662
division (A)(2) of section 3748.01 of the Revised Code, is	81663
deposited.	81664

(J) Establishing criteria governing inspections of a facility	81665
for the disposal of low-level radioactive waste, including,	81666
without limitation, the establishment of a resident inspector	81667
program at such a facility;	81668

(K) Establishing requirements and procedures governing the	81669
filing of complaints under section 3748.16 of the Revised Code,	81670
including, without limitation, those governing intervention in a	81671
hearing held under division (B)(3) of that section.	81672

Sec. 3748.07. (A) Every facility that proposes to handle	81673
radioactive material or radiation-generating equipment for which	81674
licensure or registration, respectively, by its handler is	81675
required shall apply in writing to the director of health on forms	81676
prescribed and provided by the director for licensure or	81677
registration. Terms and conditions of licenses and certificates of	81678
registration may be amended in accordance with rules adopted under	81679
section 3748.04 of the Revised Code or orders issued by the	81680
director pursuant to section 3748.05 of the Revised Code.	81681

(B) ~~Until rules are adopted under section 3748.04 of the~~	81682
~~Revised Code, an application~~	81683

(1) An applicant proposing to handle radioactive material	81684
shall pay for a license or renewal of a license the appropriate	81685
fee specified in rules adopted under section 3748.04 of the	81686
Revised Code and listed on an invoice provided by the director.	81687
The applicant shall pay the fee on receipt of the invoice.	81688

(2)(a) Except as provided in division (B)(2)(b) of this	81689
section, until fees are established in rules adopted under	81690
division (A)(8)(b) of section 3748.04 of the Revised Code, an	81691
applicant proposing to handle radiation-generating equipment shall	81692
pay for a certificate of registration or renewal of a certificate	81693
a biennial registration fee of two hundred sixty-two dollars.	81694

Except as provided in division (B)(2)(b) of this section, on	81695
and after the effective date of the rules in which fees are	81696
established under division (A)(8)(b) of section 3748.04 of the	81697
Revised Code, an applicant proposing to handle	81698
radiation-generating equipment shall pay for a certificate of	81699
registration or renewal of a certificate the appropriate fee	81700
established in those rules.	81701

The applicant shall pay the fees described in division	81702
(B)(2)(a) of this section at the time of applying for a	81703
certificate of registration or renewal of a certificate.	81704

(b) An applicant that is, or is operated by, a medical	81705
practitioner or medical-practitioner group and proposes to handle	81706
radiation-generating equipment shall pay for a certificate of	81707
registration ~~shall be accompanied by~~or renewal of a certificate	81708
a biennial registration fee of two hundred ~~eighteen~~sixty-two	81709
dollars. ~~On and after the effective date of those rules, an~~	81710
~~applicant for a license, registration certificate, or renewal of~~	81711
~~either shall pay the appropriate fee established in those rules~~	81712
The applicant shall pay the fee at the time of applying for a	81713
certificate of registration or renewal of the certificate.	81714

(C) All fees collected under this section shall be deposited	81715
in the state treasury to the credit of the general operations fund	81716
created in section 3701.83 of the Revised Code. The fees shall be	81717
used solely to administer and enforce this chapter and rules	81718
adopted under it.	81719

(D) Any fee required under this section that has not been	81720
paid within ninety days after the invoice date shall be assessed	81721
at two times the original invoiced fee. Any fee that has not been	81722
paid within one hundred eighty days after the invoice date shall	81723
be assessed at five times the original invoiced fee.	81724

~~(C)~~(E) The director shall grant a license or registration to	81725
any applicant who has paid the required fee and is in compliance	81726
with this chapter and rules adopted under it.	81727

~~Until rules are adopted under section 3748.04 of the Revised~~	81728
~~Code, certificates of registration shall be effective for two~~	81729
~~years from the date of issuance. On and after the effective date~~	81730
~~of those rules~~(F) Except as provided in division (B)(2) of this	81731
section, licenses and certificates of registration shall be	81732
effective for the applicable period established in ~~those~~ rules	81733
adopted under section 3748.04 of the Revised Code. Licenses and	81734
certificates of registration shall be renewed in accordance with	81735
the ~~standard~~ renewal procedure established in ~~Chapter 4745.~~rules	81736
adopted under section 3748.04 of the Revised Code.	81737

Sec. 3748.12. The director of health shall certify radiation	81738
experts pursuant to rules adopted under division (C) of section	81739
3748.04 of the Revised Code. The director shall issue a	81740
certificate to each person certified under this section. An	81741
individual certified by the director is qualified to develop,	81742
provide periodic review of, and conduct audits of the quality	81743
assurance program for sources of radiation for which such a	81744
program is required under division (A) of section 3748.13 of the	81745
Revised Code.	81746

The public health council shall establish an application fee	81747
for applying for certification and a biennial certification	81748
renewal fee in rules adopted under division (C) of section 3748.04	81749
of the Revised Code. ~~Until those rules are adopted, the~~	81750
~~application fee for initial certification shall be fifty dollars~~	81751
~~plus an additional twenty-five dollars for each type of~~	81752
~~radiation-generating equipment listed in division (B) of section~~	81753
~~3748.13 of the Revised Code for which application is being made.~~	81754
~~The certification renewal fee shall be one hundred fifteen~~	81755
~~dollars.~~ A certificate issued under this section shall expire two	81756
years after the date of its issuance. To maintain certification, a	81757
radiation expert shall apply to the director for renewal of	81758
certification in accordance with the standard renewal procedures	81759
established in Chapter 4745. of the Revised Code. The	81760
certification renewal fee is not required for initial	81761
certification, but shall be paid for every renewal of	81762
certification. Fees collected under this section shall be	81763
deposited into the state treasury to the credit of the general	81764
operations fund created in section 3701.83 of the Revised Code.	81765
The fees shall be used solely to administer and enforce this	81766
chapter and rules adopted under it. Any fee required under this	81767
section that has not been paid within ninety days after the	81768
invoice date shall be assessed at two times the original invoiced	81769
fee. Any fee that has not been paid within one hundred eighty days	81770
after the invoice date shall be assessed at five times the	81771
original invoiced fee.	81772

Sec. 3748.13. (A) The director of health shall inspect	81773
sources of radiation for which licensure or registration by the	81774
handler is required, and the sources' shielding and surroundings,	81775
according to the schedule established in rules adopted under	81776
division (D) of section 3748.04 of the Revised Code. In accordance	81777
with rules adopted under ~~that~~ section 3748.04 of the Revised Code,	81778
the director shall inspect all records and operating procedures	81779
of handlers that install or service sources of radiation and all	81780
sources of radiation for which licensure of radioactive material	81781
or registration of radiation-generating equipment by the handler	81782
is required. The director may make other inspections upon	81783
receiving complaints or other evidence of a violation of this	81784
chapter or rules adopted under it.	81785

The director shall require any hospital registered under	81786
division (A) of section 3701.07 of the Revised Code to develop and	81787
maintain a quality assurance program for all sources of	81788
radiation-generating equipment. A certified radiation expert	81789
shall conduct oversight and maintenance of the program and shall	81790
file a report of audits of the program with the director on forms	81791
prescribed by the director. The audit reports shall become part of	81792
the inspection record.	81793

(B) ~~Until rules are adopted under division (A)(8) of section~~	81794
~~3748.04 of the Revised Code~~(1) Except as provided in division	81795
(B)(2) of this section, a facility shall pay inspection fees for	81796
radioactive material and radiation-generating equipment according	81797
to the ~~following~~ schedule and categories established in rules	81798
adopted under division (A)(9) of section 3748.04 of the Revised	81799
Code.	81800

(2) A facility that is, or is operated by, a medical	81801
practitioner or medical-practitioner group shall pay inspection	81802
fees for radiation-generating equipment according to the following	81803
schedule and categories:	81804

First dental x-ray tube	$ ~~129.00~~ 155.00	81805
Each additional dental x-ray tube at the same location	$ ~~64.00~~ 77.00	81806
First medical x-ray tube	$ ~~256.00~~ 307.00	81807
Each additional medical x-ray tube at the same location	$ ~~136.00~~ 163.00	81808
Each unit of ionizing radiation-generating equipment capable of operating at or above 250 kilovoltage peak	$ ~~508.00~~ 610.00	81809
First nonionizing radiation-generating equipment of any kind	$ ~~256.00~~ 307.00	81810
Each additional nonionizing radiation-generating equipment of any kind at the same location	$ ~~136.00~~ 163.00	81811
~~Assembler-maintainer inspection consisting of an inspection of records and operating procedures of handlers that install sources of radiation~~	~~$ 317.00~~	81812

~~Until rules are adopted under division (A)(8) of section~~	81813
~~3748.04 of the Revised Code, the fee for an inspection to~~	81814
~~determine whether violations cited in a previous inspection have~~	81815
~~been corrected is fifty per cent of the fee applicable under the~~	81816
~~schedule in this division. Until those rules are adopted~~(C)(1)	81817
Except as provided in division (C)(2) of this section, the fee	81818
for the inspection of a facility that proposes to handle	81819
radioactive material or radiation-generating equipment and is not	81820
licensed or registered, and for which no license or registration	81821
application is pending at the time of inspection, is ~~three~~four	81822
hundred ~~ninety-five~~seventy-four dollars plus the applicable fee	81823
specified in rules adopted under division (A)(9) of section	81824
3748.04 of the Revised Code.	81825

(2) For a facility that is, or is operated by, a medical	81826
practitioner or medical-practitioner group and proposes to handle	81827
radiation-generating equipment, the fee for an inspection if the	81828
facility is not licensed or registered, and no license or	81829
registration is pending at the time of inspection, is four hundred	81830
seventy-four dollars plus the fee applicable under the schedule in	81831
~~this~~ division (B)(2) of this section.	81832

(D)(1) Except as provided in division (D)(2) of this section,	81833
for a facility that handles radioactive material or	81834
radiation-generating equipment, the fee for an inspection to	81835
determine whether violations cited in a previous inspection have	81836
been corrected is the amount specified in rules adopted under	81837
division (A)(9) of section 3748.04 of the Revised Code.	81838

(2) For a facility that is, or is operated by, a medical	81839
practitioner or medical-practitioner group and handles	81840
radiation-generating equipment, the fee for an inspection to	81841
determine whether violations cited in a previous inspection have	81842
been corrected is fifty per cent of the applicable fee under the	81843
schedule in division (B)(2) of this section.	81844

(E) The director may conduct a review of shielding plans or	81845
the adequacy of shielding on the request of a licensee or	81846
registrant or an applicant for licensure or registration or	81847
during an inspection when the director considers a review to be	81848
necessary. ~~Until rules are adopted under division (A)(8) of~~	81849
~~section 3748.04 of the Revised Code~~	81850

(1) Except as provided in division (E)(2) of this section,	81851
the fee for the review is ~~six~~the applicable amount specified in	81852
rules adopted under division (A)(9) of section 3748.04 of the	81853
Revised Code.	81854

(2) For a facility that is, or is operated by, a medical	81855
practitioner or medical-practitioner group and handles or proposes	81856
to handle radiation-generating equipment, the fee for the review	81857
is seven hundred ~~thirty-five~~sixty-two dollars for each room	81858
where a source of radiation is used and is in addition to any	81859
other fee applicable under the schedule in ~~this~~ division (B)(2)	81860
of this section.	81861

(F) All fees shall be paid to the department of health no	81862
later than thirty days after the invoice for the fee is mailed.	81863
Fees shall be deposited in the general operations fund created in	81864
section 3701.83 of the Revised Code. The fees shall be used solely	81865
to administer and enforce this chapter and rules adopted under it.	81866

(G) Any fee required under this section that has not been	81867
paid within ninety days after the invoice date shall be assessed	81868
at two times the original invoiced fee. Any fee that has not been	81869
paid within one hundred eighty days after the invoice date shall	81870
be assessed at five times the original invoiced fee.	81871

~~(C)~~(H) If the director determines that a board of health of a	81872
city or general health district is qualified to conduct	81873
inspections of radiation-generating equipment, the director may	81874
delegate to the board, by contract, the authority to conduct such	81875
inspections. In making a determination of the qualifications of a	81876
board of health to conduct those inspections, the director shall	81877
evaluate the credentials of the individuals who are to conduct the	81878
inspections of radiation-generating equipment and the radiation	81879
detection and measuring equipment available to them for that	81880
purpose. If a contract is entered into, the board shall have the	81881
same authority to make inspections of radiation-generating	81882
equipment as the director has under this chapter and rules adopted	81883
under it. The contract shall stipulate that only individuals	81884
approved by the director as qualified shall be permitted to	81885
inspect radiation-generating equipment under the contract's	81886
provisions. The contract shall provide for such compensation for	81887
services as is agreed to by the director and the board of health	81888
of the contracting health district. The director may reevaluate	81889
the credentials of the inspection personnel and their radiation	81890
detecting and measuring equipment as often as the director	81891
considers necessary and may terminate any contract with the board	81892
of health of any health district that, in the director's opinion,	81893
is not satisfactorily performing the terms of the contract.	81894

~~(D)~~(I) The director may enter at all reasonable times upon	81895
any public or private property to determine compliance with this	81896
chapter and rules adopted under it.	81897

Sec. 3749.04. (A) No person shall operate or maintain a	81898
public swimming pool, public spa, or special-use pool without a	81899
license issued by the licensor having jurisdiction.	81900

(B) Every person who intends to operate or maintain an	81901
existing public swimming pool, public spa, or special-use pool	81902
shall, during the month of April of each year, apply to the	81903
licensor having jurisdiction for a license to operate the pool or	81904
spa. Any person proposing to operate or maintain a new or	81905
otherwise unlicensed public swimming pool, public spa, or	81906
special-use pool shall apply to the licensor having jurisdiction	81907
at least thirty days prior to the intended start of operation of	81908
the pool or spa. Within thirty days of receipt of an application	81909
for licensure of a public swimming pool, public spa, or	81910
special-use pool, the licensor shall process the application and	81911
either issue a license or otherwise respond to the applicant	81912
regarding the application.	81913

(C) Each license issued shall be effective from the date of	81914
issuance until the last day of May of the following year.	81915

(D) Each licensor administering and enforcing sections	81916
3749.01 to 3749.09 of the Revised Code and the rules adopted	81917
thereunder may establish licensing and inspection fees in	81918
accordance with section 3709.09 of the Revised Code, which shall	81919
not exceed the cost of licensing and inspecting public swimming	81920
pools, public spas, and special-use pools.	81921

(E) Except as provided in division (F) of this section and in	81922
division (B) of section 3749.07 of the Revised Code, all license	81923
fees collected by a licensor shall be deposited into a swimming	81924
pool fund, which is hereby created in each health district. The	81925
fees shall be used by the licensor solely for the purpose of	81926
administering and enforcing this chapter and the rules adopted	81927
under this chapter.	81928

(F) An annual license fee established under division (D) of	81929
this section shall include any additional amount determined by	81930
rule of the public health council, which the ~~licensor~~board of	81931
health shall collect and transmit to the ~~treasurer of state to be~~	81932
~~deposited in the general operations fund created by section~~	81933
~~3701.83 of the Revised Code~~director of health pursuant to section	81934
3709.092 of the Revised Code. The amounts collected under this	81935
division shall be administered by the director of health and shall	81936
be used solely for the administration and enforcement of this	81937
chapter and the rules adopted under this chapter.	81938

Sec. 3767.41. (A) As used in this section:

81939

(1) "Building" means, except as otherwise provided in this	81940
division, any building or structure that is used or intended to be	81941
used for residential purposes. "Building" includes, but is not	81942
limited to, a building or structure in which any floor is used for	81943
retail stores, shops, salesrooms, markets, or similar commercial	81944
uses, or for offices, banks, civic administration activities,	81945
professional services, or similar business or civic uses, and in	81946
which the other floors are used, or designed and intended to be	81947
used, for residential purposes. "Building" does not include any	81948
building or structure that is occupied by its owner and that	81949
contains three or fewer residential units.	81950

(2)(a) "Public nuisance" means a building that is a menace to	81951
the public health, welfare, or safety; that is structurally	81952
unsafe, unsanitary, or not provided with adequate safe egress;	81953
that constitutes a fire hazard, is otherwise dangerous to human	81954
life, or is otherwise no longer fit and habitable; or that, in	81955
relation to its existing use, constitutes a hazard to the public	81956
health, welfare, or safety by reason of inadequate maintenance,	81957
dilapidation, obsolescence, or abandonment.	81958

(b) "Public nuisance" as it applies to subsidized housing	81959
means subsidized housing that fails to meet the following	81960
standards as specified in the federal rules governing each	81961
standard:	81962

(i) Each building on the site is structurally sound, secure,	81963
habitable, and in good repair, as defined in 24 C.F.R. 5.703(b);	81964

(ii) Each building's domestic water, electrical system,	81965
elevators, emergency power, fire protection, HVAC, and sanitary	81966
system is free of health and safety hazards, functionally	81967
adequate, operable, and in good repair, as defined in 24 C.F.R.	81968
5.703(c);	81969

(iii) Each dwelling unit within the building is structurally	81970
sound, habitable, and in good repair, and all areas and aspects of	81971
the dwelling unit are free of health and safety hazards,	81972
functionally adequate, operable, and in good repair, as defined in	81973
24 C.F.R. 5.703(d)(1);	81974

(iv) Where applicable, the dwelling unit has hot and cold	81975
running water, including an adequate source of potable water, as	81976
defined in 24 C.F.R. 5.703(d)(2);	81977

(v) If the dwelling unit includes its own sanitary facility,	81978
it is in proper operating condition, usable in privacy, and	81979
adequate for personal hygiene, and the disposal of human waste, as	81980
defined in 24 C.F.R. 5.703(d)(3);	81981

(vi) The common areas are structurally sound, secure, and	81982
functionally adequate for the purposes intended. The basement,	81983
garage, carport, restrooms, closets, utility, mechanical,	81984
community rooms, daycare, halls, corridors, stairs, kitchens,	81985
laundry rooms, office, porch, patio, balcony, and trash collection	81986
areas are free of health and safety hazards, operable, and in good	81987
repair. All common area ceilings, doors, floors, HVAC, lighting,	81988
smoke detectors, stairs, walls, and windows, to the extent	81989
applicable, are free of health and safety hazards, operable, and	81990
in good repair, as defined in 24 C.F.R. 5.703(e);	81991

(vii) All areas and components of the housing are free of	81992
health and safety hazards. These areas include, but are not	81993
limited to, air quality, electrical hazards, elevators,	81994
emergency/fire exits, flammable materials, garbage and debris,	81995
handrail hazards, infestation, and lead-based paint, as defined in	81996
24 C.F.R. 5.703(f).	81997

(3) "Abate" or "abatement" in connection with any building	81998
means the removal or correction of any conditions that constitute	81999
a public nuisance and the making of any other improvements that	82000
are needed to effect a rehabilitation of the building that is	82001
consistent with maintaining safe and habitable conditions over its	82002
remaining useful life. "Abatement" does not include the closing or	82003
boarding up of any building that is found to be a public nuisance.	82004

(4) "Interested party" means any owner, mortgagee,	82005
lienholder, tenant, or person that possesses an interest of record	82006
in any property that becomes subject to the jurisdiction of a	82007
court pursuant to this section, and any applicant for the	82008
appointment of a receiver pursuant to this section.	82009

(5) "Neighbor" means any owner of property, including, but	82010
not limited to, any person who is purchasing property by land	82011
installment contract or under a duly executed purchase contract,	82012
that is located within five hundred feet of any property that	82013
becomes subject to the jurisdiction of a court pursuant to this	82014
section, and any occupant of a building that is so located.	82015

(6) "Tenant" has the same meaning as in section 5321.01 of	82016
the Revised Code.	82017

(7) "Subsidized housing" means a property consisting of more	82018
than four dwelling units that, in whole or in part, receives	82019
project-based assistance pursuant to a contract under any of the	82020
following federal housing programs:	82021

(a) The new construction or substantial rehabilitation	82022
program under section 8(b)(2) of the "United States Housing Act of	82023
1937," Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f(b)(2) as	82024
that program was in effect immediately before the first day of	82025
October, 1983;	82026

(b) The moderate rehabilitation program under section 8(e)(2)	82027
of the "United States Housing Act of 1937," Pub. L. No. 75-412, 50	82028
Stat. 888, 42 U.S.C. 1437f(e)(2);	82029

(c) The loan management assistance program under section 8 of	82030
the "United States Housing Act of 1937," Pub. L. No. 75-412, 50	82031
Stat. 888, 42 U.S.C. 1437f;	82032

(d) The rent supplement program under section 101 of the	82033
"Housing and Urban Development Act of 1965," Pub. L. No. 89-174,	82034
79 Stat. 667, 12 U.S.C. 1701s;	82035

(e) Section 8 of the "United States Housing Act of 1937,"	82036
Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f, following	82037
conversion from assistance under section 101 of the "Housing and	82038
Urban Development Act of 1965," Pub. L. No. 89-174, 79 Stat. 667,	82039
12 U.S.C. 1701s;	82040

(f) The program of supportive housing for the elderly under	82041
section 202 of the "Housing Act of 1959," Pub. L. No. 86-372, 73	82042
Stat. 654, 12 U.S.C. 1701q;	82043

(g) The program of supportive housing for persons with	82044
disabilities under section 811 of the "National Affordable Housing	82045
Act of 1990," Pub. L. No. 101-625, 104 Stat. 4313, 42 U.S.C. 8013;	82046

(h) The rental assistance program under section 521 of the	82047
"United States Housing Act of 1949," Pub. L. No. 90-448, 82 Stat.	82048
551, as amended by Pub. L. No. 93-383, 88 Stat. 696, 42 U.S.C.	82049
1490a.	82050

(8) "Project-based assistance" means the assistance is	82051
attached to the property and provides rental assistance only on	82052
behalf of tenants who reside in that property.	82053

(9) "Landlord" has the same meaning as in section 5321.01 of	82054
the Revised Code.	82055

(B)(1)(a) In any civil action to enforce any local building,	82056
housing, air pollution, sanitation, health, fire, zoning, or	82057
safety code, ordinance, resolution, or regulation applicable to	82058
buildings, that is commenced in a court of common pleas, municipal	82059
court, housing or environmental division of a municipal court, or	82060
county court, or in any civil action for abatement commenced in a	82061
court of common pleas, municipal court, housing or environmental	82062
division of a municipal court, or county court, by a municipal	82063
corporation or township in which the building involved is located,	82064
by any neighbor, tenant, or by a nonprofit corporation that is	82065
duly organized and has as one of its goals the improvement of	82066
housing conditions in the county or municipal corporation in which	82067
the building involved is located, if a building is alleged to be a	82068
public nuisance, the municipal corporation, township, neighbor,	82069
tenant, or nonprofit corporation may apply in its complaint for an	82070
injunction or other order as described in division (C)(1) of this	82071
section, or for the relief described in division (C)(2) of this	82072
section, including, if necessary, the appointment of a receiver	82073
as described in divisions (C)(2) and (3) of this section, or for	82074
both such an injunction or other order and such relief. The	82075
municipal corporation, township, neighbor, tenant, or nonprofit	82076
corporation commencing the action is not liable for the costs,	82077
expenses, and fees of any receiver appointed pursuant to	82078
divisions (C)(2) and (3) of this section.	82079

(b) Prior to commencing a civil action for abatement when the	82080
property alleged to be a public nuisance is subsidized housing,	82081
the municipal corporation, township, neighbor, tenant, or	82082
nonprofit corporation commencing the action shall provide the	82083
landlord of that property with written notice that specifies one	82084
or more defective conditions that constitute a public nuisance as	82085
that term applies to subsidized housing and states that if the	82086
landlord fails to remedy the condition within sixty days of the	82087
service of the notice, a claim pursuant to this section may be	82088
brought on the basis that the property constitutes a public	82089
nuisance in subsidized housing. Any party authorized to bring an	82090
action against the landlord shall make reasonable attempts to	82091
serve the notice in the manner prescribed in the Rules of Civil	82092
Procedure to the landlord or the landlord's agent for the	82093
property at the property's management office, or at the place	82094
where the tenants normally pay or send rent. If the landlord is	82095
not the owner of record, the party bringing the action shall make	82096
a reasonable attempt to serve the owner. If the owner does not	82097
receive service the person bringing the action shall certify the	82098
attempts to serve the owner.	82099

(2)(a) In a civil action described in division (B)(1) of this	82100
section, a copy of the complaint and a notice of the date and time	82101
of a hearing on the complaint shall be served upon the owner of	82102
the building and all other interested parties in accordance with	82103
the Rules of Civil Procedure. If certified mail service, personal	82104
service, or residence service of the complaint and notice is	82105
refused or certified mail service of the complaint and notice is	82106
not claimed, and if the municipal corporation, township, neighbor,	82107
tenant, or nonprofit corporation commencing the action makes a	82108
written request for ordinary mail service of the complaint and	82109
notice, or uses publication service, in accordance with the Rules	82110
of Civil Procedure, then a copy of the complaint and notice shall	82111
be posted in a conspicuous place on the building.	82112

(b) The judge in a civil action described in division (B)(1)	82113
of this section shall conduct a hearing at least twenty-eight days	82114
after the owner of the building and the other interested parties	82115
have been served with a copy of the complaint and the notice of	82116
the date and time of the hearing in accordance with division	82117
(B)(2)(a) of this section.	82118

(c) In considering whether subsidized housing is a public	82119
nuisance, the judge shall construe the standards set forth in	82120
division (A)(2)(b) of this section in a manner consistent with	82121
department of housing and urban development and judicial	82122
interpretations of those standards. The judge shall deem that the	82123
property is not a public nuisance if during the twelve months	82124
prior to the service of the notice that division (B)(1)(b) of this	82125
section requires, the department of housing and urban	82126
development's real estate assessment center issued a score of	82127
seventy-five or higher out of a possible one hundred points	82128
pursuant to its regulations governing the physical condition of	82129
multifamily properties pursuant to 24 C.F.R. part 200, subpart P,	82130
and since the most recent inspection, there has been no	82131
significant change in the property's conditions that would create	82132
a serious threat to the health, safety, or welfare of the	82133
property's tenants.	82134

(C)(1) If the judge in a civil action described in division	82135
(B)(1) of this section finds at the hearing required by division	82136
(B)(2) of this section that the building involved is a public	82137
nuisance, if the judge additionally determines that the owner of	82138
the building previously has not been afforded a reasonable	82139
opportunity to abate the public nuisance or has been afforded such	82140
an opportunity and has not refused or failed to abate the public	82141
nuisance, and if the complaint of the municipal corporation,	82142
township, neighbor, tenant, or nonprofit corporation commencing	82143
the action requested the issuance of an injunction as described	82144
in this division, then the judge may issue an injunction	82145
requiring the owner of the building to abate the public nuisance	82146
or issue any other order that the judge considers necessary or	82147
appropriate to cause the abatement of the public nuisance. If an	82148
injunction is issued pursuant to this division, the owner of the	82149
building involved shall be given no more than thirty days from	82150
the date of the entry of the judge's order to comply with the	82151
injunction, unless the judge, for good cause shown, extends the	82152
time for compliance.	82153

(2) If the judge in a civil action described in division	82154
(B)(1) of this section finds at the hearing required by division	82155
(B)(2) of this section that the building involved is a public	82156
nuisance, if the judge additionally determines that the owner of	82157
the building previously has been afforded a reasonable opportunity	82158
to abate the public nuisance and has refused or failed to do so,	82159
and if the complaint of the municipal corporation, township,	82160
neighbor, tenant, or nonprofit corporation commencing the action	82161
requested relief as described in this division, then the judge	82162
shall offer any mortgagee, lienholder, or other interested party	82163
associated with the property on which the building is located, in	82164
the order of the priority of interest in title, the opportunity	82165
to undertake the work and to furnish the materials necessary to	82166
abate the public nuisance. Prior to selecting any interested	82167
party, the judge shall require the interested party to	82168
demonstrate the ability to promptly undertake the work and	82169
furnish the materials required, to provide the judge with a	82170
viable financial and construction plan for the rehabilitation of	82171
the building as described in division (D) of this section, and to	82172
post security for the performance of the work and the furnishing	82173
of the materials.	82174

If the judge determines, at the hearing, that no interested	82175
party is willing or able to undertake the work and to furnish the	82176
materials necessary to abate the public nuisance, or if the judge	82177
determines, at any time after the hearing, that any party who is	82178
undertaking corrective work pursuant to this division cannot or	82179
will not proceed, or has not proceeded with due diligence, the	82180
judge may appoint a receiver pursuant to division (C)(3) of this	82181
section to take possession and control of the building.	82182

(3)(a) The judge in a civil action described in division	82183
(B)(1) of this section shall not appoint any person as a receiver	82184
unless the person first has provided the judge with a viable	82185
financial and construction plan for the rehabilitation of the	82186
building involved as described in division (D) of this section and	82187
has demonstrated the capacity and expertise to perform the	82188
required work and to furnish the required materials in a	82189
satisfactory manner. An appointed receiver may be a financial	82190
institution that possesses an interest of record in the building	82191
or the property on which it is located, a nonprofit corporation as	82192
described in divisions (B)(1) and (C)(3)(b) of this section,	82193
including, but not limited to, a nonprofit corporation that	82194
commenced the action described in division (B)(1) of this section,	82195
or any other qualified property manager.	82196

(b) To be eligible for appointment as a receiver, no part of	82197
the net earnings of a nonprofit corporation shall inure to the	82198
benefit of any private shareholder or individual. Membership on	82199
the board of trustees of a nonprofit corporation appointed as a	82200
receiver does not constitute the holding of a public office or	82201
employment within the meaning of sections 731.02 and 731.12 or any	82202
other section of the Revised Code and does not constitute a direct	82203
or indirect interest in a contract or expenditure of money by any	82204
municipal corporation. A member of a board of trustees of a	82205
nonprofit corporation appointed as a receiver shall not be	82206
disqualified from holding any public office or employment, and	82207
shall not forfeit any public office or employment, by reason of	82208
membership on the board of trustees, notwithstanding any law to	82209
the contrary.	82210

(D) Prior to ordering any work to be undertaken, or the	82211
furnishing of any materials, to abate a public nuisance under this	82212
section, the judge in a civil action described in division (B)(1)	82213
of this section shall review the submitted financial and	82214
construction plan for the rehabilitation of the building involved	82215
and, if it specifies all of the following, shall approve that	82216
plan:	82217

(1) The estimated cost of the labor, materials, and any other	82218
development costs that are required to abate the public nuisance;	82219

(2) The estimated income and expenses of the building and the	82220
property on which it is located after the furnishing of the	82221
materials and the completion of the repairs and improvements;	82222

(3) The terms, conditions, and availability of any financing	82223
that is necessary to perform the work and to furnish the	82224
materials;	82225

(4) If repair and rehabilitation of the building are found	82226
not to be feasible, the cost of demolition of the building or of	82227
the portions of the building that constitute the public nuisance.	82228

(E) Upon the written request of any of the interested parties	82229
to have a building, or portions of a building, that constitute a	82230
public nuisance demolished because repair and rehabilitation of	82231
the building are found not to be feasible, the judge may order the	82232
demolition. However, the demolition shall not be ordered unless	82233
the requesting interested parties have paid the costs of	82234
demolition and, if any, of the receivership, and, if any, all	82235
notes, certificates, mortgages, and fees of the receivership.	82236

(F) Before proceeding with the duties of receiver, any	82237
receiver appointed by the judge in a civil action described in	82238
division (B)(1) of this section may be required by the judge to	82239
post a bond in an amount fixed by the judge, but not exceeding the	82240
value of the building involved as determined by the judge.	82241

The judge may empower the receiver to do any or all of the	82242
following:	82243

(1) Take possession and control of the building and the	82244
property on which it is located, operate and manage the building	82245
and the property, establish and collect rents and income, lease	82246
and rent the building and the property, and evict tenants;	82247

(2) Pay all expenses of operating and conserving the building	82248
and the property, including, but not limited to, the cost of	82249
electricity, gas, water, sewerage, heating fuel, repairs and	82250
supplies, custodian services, taxes and assessments, and insurance	82251
premiums, and hire and pay reasonable compensation to a managing	82252
agent;	82253

(3) Pay pre-receivership mortgages or installments of them	82254
and other liens;	82255

(4) Perform or enter into contracts for the performance of	82256
all work and the furnishing of materials necessary to abate, and	82257
obtain financing for the abatement of, the public nuisance;	82258

(5) Pursuant to court order, remove and dispose of any	82259
personal property abandoned, stored, or otherwise located in or on	82260
the building and the property that creates a dangerous or unsafe	82261
condition or that constitutes a violation of any local building,	82262
housing, air pollution, sanitation, health, fire, zoning, or	82263
safety code, ordinance, or regulation;	82264

(6) Obtain mortgage insurance for any receiver's mortgage	82265
from any agency of the federal government;	82266

(7) Enter into any agreement and do those things necessary to	82267
maintain and preserve the building and the property and comply	82268
with all local building, housing, air pollution, sanitation,	82269
health, fire, zoning, or safety codes, ordinances, resolutions,	82270
and regulations;	82271

(8) Give the custody of the building and the property, and	82272
the opportunity to abate the nuisance and operate the property, to	82273
its owner or any mortgagee or lienholder of record;	82274

(9) Issue notes and secure them by a mortgage bearing	82275
interest, and upon terms and conditions, that the judge approves.	82276
When sold or transferred by the receiver in return for valuable	82277
consideration in money, material, labor, or services, the notes or	82278
certificates shall be freely transferable. Any mortgages granted	82279
by the receiver shall be superior to any claims of the receiver.	82280
Priority among the receiver's mortgages shall be determined by the	82281
order in which they are recorded.	82282

(G) A receiver appointed pursuant to this section is not	82283
personally liable except for misfeasance, malfeasance, or	82284
nonfeasance in the performance of the functions of the office of	82285
receiver.	82286

(H)(1) The judge in a civil action described in division	82287
(B)(1) of this section may assess as court costs, the expenses	82288
described in division (F)(2) of this section, and may approve	82289
receiver's fees to the extent that they are not covered by the	82290
income from the property. Subject to that limitation, a receiver	82291
appointed pursuant to divisions (C)(2) and (3) of this section is	82292
entitled to receive fees in the same manner and to the same extent	82293
as receivers appointed in actions to foreclose mortgages.	82294

(2)(a) Pursuant to the police powers vested in the state, all	82295
expenditures of a mortgagee, lienholder, or other interested party	82296
that has been selected pursuant to division (C)(2) of this section	82297
to undertake the work and to furnish the materials necessary to	82298
abate a public nuisance, and any expenditures in connection with	82299
the foreclosure of the lien created by this division, is a first	82300
lien upon the building involved and the property on which it is	82301
located and is superior to all prior and subsequent liens or other	82302
encumbrances associated with the building or the property,	82303
including, but not limited to, those for taxes and assessments,	82304
upon the occurrence of both of the following:	82305

(i) The prior approval of the expenditures by, and the entry	82306
of a judgment to that effect by, the judge in the civil action	82307
described in division (B)(1) of this section;	82308

(ii) The recordation of a certified copy of the judgment	82309
entry and a sufficient description of the property on which the	82310
building is located with the county recorder in the county in	82311
which the property is located within sixty days after the date of	82312
the entry of the judgment.	82313

(b) Pursuant to the police powers vested in the state, all	82314
expenses and other amounts paid in accordance with division (F) of	82315
this section by a receiver appointed pursuant to divisions (C)(2)	82316
and (3) of this section, the amounts of any notes issued by the	82317
receiver in accordance with division (F) of this section, all	82318
mortgages granted by the receiver in accordance with that	82319
division, the fees of the receiver approved pursuant to division	82320
(H)(1) of this section, and any amounts expended in connection	82321
with the foreclosure of a mortgage granted by the receiver in	82322
accordance with division (F) of this section or with the	82323
foreclosure of the lien created by this division, are a first lien	82324
upon the building involved and the property on which it is located	82325
and are superior to all prior and subsequent liens or other	82326
encumbrances associated with the building or the property,	82327
including, but not limited to, those for taxes and assessments,	82328
upon the occurrence of both of the following:	82329

(i) The approval of the expenses, amounts, or fees by, and	82330
the entry of a judgment to that effect by, the judge in the civil	82331
action described in division (B)(1) of this section; or the	82332
approval of the mortgages in accordance with division (F)(9) of	82333
this section by, and the entry of a judgment to that effect by,	82334
that judge;	82335

(ii) The recordation of a certified copy of the judgment	82336
entry and a sufficient description of the property on which the	82337
building is located, or, in the case of a mortgage, the	82338
recordation of the mortgage, a certified copy of the judgment	82339
entry, and such a description, with the county recorder of the	82340
county in which the property is located within sixty days after	82341
the date of the entry of the judgment.	82342

(c) Priority among the liens described in divisions (H)(2)(a)	82343
and (b) of this section shall be determined as described in	82344
division (I) of this section. Additionally, the creation pursuant	82345
to this section of a mortgage lien that is prior to or superior to	82346
any mortgage of record at the time the mortgage lien is so	82347
created, does not disqualify the mortgage of record as a legal	82348
investment under Chapter 1107. or 1151. or any other chapter of	82349
the Revised Code.	82350

(I)(1) If a receiver appointed pursuant to divisions (C)(2)	82351
and (3) of this section files with the judge in the civil action	82352
described in division (B)(1) of this section a report indicating	82353
that the public nuisance has been abated, if the judge confirms	82354
that the receiver has abated the public nuisance, and if the	82355
receiver or any interested party requests the judge to enter an	82356
order directing the receiver to sell the building and the property	82357
on which it is located, the judge may enter that order after	82358
holding a hearing as described in division (I)(2) of this section	82359
and otherwise complying with that division.	82360

(2)(a) The receiver or interested party requesting an order	82361
as described in division (I)(1) of this section shall cause a	82362
notice of the date and time of a hearing on the request to be	82363
served on the owner of the building involved and all other	82364
interested parties in accordance with division (B)(2)(a) of this	82365
section. The judge in the civil action described in division	82366
(B)(1) of this section shall conduct the scheduled hearing. At the	82367
hearing, if the owner or any interested party objects to the sale	82368
of the building and the property, the burden of proof shall be	82369
upon the objecting person to establish, by a preponderance of the	82370
evidence, that the benefits of not selling the building and the	82371
property outweigh the benefits of selling them. If the judge	82372
determines that there is no objecting person, or if the judge	82373
determines that there is one or more objecting persons but no	82374
objecting person has sustained the burden of proof specified in	82375
this division, the judge may enter an order directing the receiver	82376
to offer the building and the property for sale upon terms and	82377
conditions that the judge shall specify.	82378

(b) In any sale of subsidized housing that is ordered	82379
pursuant to this section, the judge shall specify that the	82380
subsidized housing not be conveyed unless that conveyance complies	82381
with applicable federal law and applicable program contracts for	82382
that housing. Any such conveyance shall be subject to the	82383
condition that the purchaser enter into a contract with the	82384
department of housing and urban development or the rural housing	82385
service of the federal department of agriculture under which the	82386
property continues to be subsidized housing and the owner	82387
continues to operate that property as subsidized housing unless	82388
the secretary of housing and urban development or the	82389
administrator of the rural housing service terminates that	82390
property's contract prior to or upon the conveyance of the	82391
property.	82392

(3) If a sale of a building and the property on which it is	82393
located is ordered pursuant to divisions (I)(1) and (2) of this	82394
section and if the sale occurs in accordance with the terms and	82395
conditions specified by the judge in the judge's order of sale,	82396
then the receiver shall distribute the proceeds of the sale and	82397
the balance of any funds that the receiver may possess, after the	82398
payment of the costs of the sale, in the following order of	82399
priority and in the described manner:	82400

(a) First, in satisfaction of any notes issued by the	82401
receiver pursuant to division (F) of this section, in their order	82402
of priority;	82403

(b) Second, any unreimbursed expenses and other amounts paid	82404
in accordance with division (F) of this section by the receiver,	82405
and the fees of the receiver approved pursuant to division (H)(1)	82406
of this section;	82407

(c) Third, all expenditures of a mortgagee, lienholder, or	82408
other interested party that has been selected pursuant to division	82409
(C)(2) of this section to undertake the work and to furnish the	82410
materials necessary to abate a public nuisance, provided that the	82411
expenditures were approved as described in division (H)(2)(a) of	82412
this section and provided that, if any such interested party	82413
subsequently became the receiver, its expenditures shall be paid	82414
prior to the expenditures of any of the other interested parties	82415
so selected;	82416

(d) Fourth, the amount due for delinquent taxes, assessments,	82417
charges, penalties, and interest owed to this state or a political	82418
subdivision of this state, provided that, if the amount available	82419
for distribution pursuant to division (I)(3)(d) of this section is	82420
insufficient to pay the entire amount of those taxes, assessments,	82421
charges, penalties, and interest, the proceeds and remaining funds	82422
shall be paid to each claimant in proportion to the amount of	82423
those taxes, assessments, charges, penalties, and interest that	82424
each is due.	82425

(e) The amount of any pre-receivership mortgages, liens, or	82426
other encumbrances, in their order of priority.	82427

(4) Following a distribution in accordance with division	82428
(I)(3) of this section, the receiver shall request the judge in	82429
the civil action described in division (B)(1) of this section to	82430
enter an order terminating the receivership. If the judge	82431
determines that the sale of the building and the property on which	82432
it is located occurred in accordance with the terms and conditions	82433
specified by the judge in the judge's order of sale under	82434
division (I)(2) of this section and that the receiver distributed	82435
the proceeds of the sale and the balance of any funds that the	82436
receiver possessed, after the payment of the costs of the sale, in	82437
accordance with division (I)(3) of this section, and if the judge	82438
approves any final accounting required of the receiver, the judge	82439
may terminate the receivership.	82440

(J)(1) A receiver appointed pursuant to divisions (C)(2) and	82441
(3) of this section may be discharged at any time in the	82442
discretion of the judge in the civil action described in division	82443
(B)(1) of this section. The receiver shall be discharged by the	82444
judge as provided in division (I)(4) of this section, or when all	82445
of the following have occurred:	82446

(a) The public nuisance has been abated;

82447

(b) All costs, expenses, and approved fees of the	82448
receivership have been paid;	82449

(c) Either all receiver's notes issued and mortgages granted	82450
pursuant to this section have been paid, or all the holders of the	82451
notes and mortgages request that the receiver be discharged.	82452

(2) If a judge in a civil action described in division (B)(1)	82453
of this section determines that, and enters of record a	82454
declaration that, a public nuisance has been abated by a receiver,	82455
and if, within three days after the entry of the declaration, all	82456
costs, expenses, and approved fees of the receivership have not	82457
been paid in full, then, in addition to the circumstances	82458
specified in division (I) of this section for the entry of such an	82459
order, the judge may enter an order directing the receiver to sell	82460
the building involved and the property on which it is located. Any	82461
such order shall be entered, and the sale shall occur, only in	82462
compliance with division (I) of this section.	82463

(K) The title in any building, and in the property on which	82464
it is located, that is sold at a sale ordered under division (I)	82465
or (J)(2) of this section shall be incontestable in the purchaser	82466
and shall be free and clear of all liens for delinquent taxes,	82467
assessments, charges, penalties, and interest owed to this state	82468
or any political subdivision of this state, that could not be	82469
satisfied from the proceeds of the sale and the remaining funds in	82470
the receiver's possession pursuant to the distribution under	82471
division (I)(3) of this section. All other liens and encumbrances	82472
with respect to the building and the property shall survive the	82473
sale, including, but not limited to, a federal tax lien notice	82474
properly filed in accordance with section 317.09 of the Revised	82475
Code prior to the time of the sale, and the easements and	82476
covenants of record running with the property that were created	82477
prior to the time of the sale.	82478

(L)(1) Nothing in this section shall be construed as a	82479
limitation upon the powers granted to a court of common pleas, a	82480
municipal court or a housing or environmental division of a	82481
municipal court under Chapter 1901. of the Revised Code, or a	82482
county court under Chapter 1907. of the Revised Code.	82483

(2) The monetary and other limitations specified in Chapters	82484
1901. and 1907. of the Revised Code upon the jurisdiction of	82485
municipal and county courts, and of housing or environmental	82486
divisions of municipal courts, in civil actions do not operate as	82487
limitations upon any of the following:	82488

(a) Expenditures of a mortgagee, lienholder, or other	82489
interested party that has been selected pursuant to division	82490
(C)(2) of this section to undertake the work and to furnish the	82491
materials necessary to abate a public nuisance;	82492

(b) Any notes issued by a receiver pursuant to division (F)	82493
of this section;	82494

(c) Any mortgage granted by a receiver in accordance with	82495
division (F) of this section;	82496

(d) Expenditures in connection with the foreclosure of a	82497
mortgage granted by a receiver in accordance with division (F) of	82498
this section;	82499

(e) The enforcement of an order of a judge entered pursuant	82500
to this section;	82501

(f) The actions that may be taken pursuant to this section by	82502
a receiver or a mortgagee, lienholder, or other interested party	82503
that has been selected pursuant to division (C)(2) of this section	82504
to undertake the work and to furnish the materials necessary to	82505
abate a public nuisance.	82506

(3) A judge in a civil action described in division (B)(1) of	82507
this section, or the judge's successor in office, has continuing	82508
jurisdiction to review the condition of any building that was	82509
determined to be a public nuisance pursuant to this section.	82510

(4) Nothing in this section shall be construed to limit or	82511
prohibit a municipal corporation or township that has filed with	82512
the superintendent of insurance a certified copy of an adopted	82513
resolution, ordinance, or regulation authorizing the procedures	82514
described in divisions (C) and (D) of section 3929.86 of the	82515
Revised Code from receiving insurance proceeds under section	82516
3929.86 of the Revised Code.	82517

Sec. 3770.03. (A) The state lottery commission shall	82518
promulgate rules under which a statewide lottery may be conducted,	82519
which includes, and since the original enactment of this section	82520
has included, the authority for the commission to operate video	82521
lottery terminal games. Any reference in this chapter to tickets	82522
shall not be construed to in any way limit the authority of the	82523
commission to operate video lottery terminal games. Nothing in	82524
this chapter shall restrict the authority of the commission to	82525
promulgate rules related to the operation of games utilizing	82526
video lottery terminals as described in section 3770.21 of the	82527
Revised Code. The rules shall be promulgated pursuant to Chapter	82528
119. of the Revised Code, except that instant game rules shall be	82529
promulgated pursuant to section 111.15 of the Revised Code but are	82530
not subject to division (D) of that section. Subjects covered in	82531
these rules shall include, but need not be limited to, the	82532
following:	82533

(1) The type of lottery to be conducted;

82534

(2) The prices of tickets in the lottery.;

82535

(3) The number, nature, and value of prize awards, the manner	82536
and frequency of prize drawings, and the manner in which prizes	82537
shall be awarded to holders of winning tickets.	82538

(B) The commission shall promulgate rules, in addition to	82539
those described in division (A) of this section, pursuant to	82540
Chapter 119. of the Revised Code under which a statewide lottery	82541
and statewide joint lottery games may be conducted. Subjects	82542
covered in these rules shall include, but not be limited to, the	82543
following:	82544

(1) The locations at which lottery tickets may be sold and	82545
the manner in which they are to be sold. These rules may authorize	82546
the sale of lottery tickets by commission personnel or other	82547
licensed individuals from traveling show wagons at the state fair,	82548
and at any other expositions the director of the commission	82549
considers acceptable. These rules shall prohibit commission	82550
personnel or other licensed individuals from soliciting from an	82551
exposition the right to sell lottery tickets at that exposition,	82552
but shall allow commission personnel or other licensed individuals	82553
to sell lottery tickets at an exposition if the exposition	82554
requests commission personnel or licensed individuals to do so.	82555
These rules may also address the accessibility of sales agent	82556
locations to commission products in accordance with the "Americans	82557
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101	82558
et seq.	82559

(2) The manner in which lottery sales revenues are to be	82560
collected, including authorization for the director to impose	82561
penalties for failure by lottery sales agents to transfer revenues	82562
to the commission in a timely manner;	82563

(3) The amount of compensation to be paid licensed lottery	82564
sales agents;	82565

(4) The substantive criteria for the licensing of lottery	82566
sales agents consistent with section 3770.05 of the Revised Code,	82567
and procedures for revoking or suspending their licenses	82568
consistent with Chapter 119. of the Revised Code. If	82569
circumstances, such as the nonpayment of funds owed by a lottery	82570
sales agent, or other circumstances related to the public safety,	82571
convenience, or trust, require immediate action, the director may	82572
suspend a license without affording an opportunity for a prior	82573
hearing under section 119.07 of the Revised Code.	82574

(5) Special game rules to implement any agreements signed by	82575
the governor that the director enters into with other lottery	82576
jurisdictions under division (J) of section 3770.02 of the Revised	82577
Code to conduct statewide joint lottery games. The rules shall	82578
require that the entire net proceeds of those games that remain,	82579
after associated operating expenses, prize disbursements, lottery	82580
sales agent bonuses, commissions, and reimbursements, and any	82581
other expenses necessary to comply with the agreements or the	82582
rules are deducted from the gross proceeds of those games, be	82583
transferred to the lottery profits education fund under division	82584
(B) of section 3770.06 of the Revised Code.	82585

(6) Any other subjects the commission determines are	82586
necessary for the operation of video lottery terminal games,	82587
including the establishment of any fees, fines, or payment	82588
schedules.	82589

(C) Chapter 2915. of the Revised Code does not apply to,	82590
affect, or prohibit lotteries conducted pursuant to this chapter.	82591

(D) The commission may promulgate rules, in addition to those	82592
described in divisions (A) and (B) of this section, that establish	82593
standards governing the display of advertising and celebrity	82594
images on lottery tickets and on other items that are used in the	82595
conduct of, or to promote, the statewide lottery and statewide	82596
joint lottery games. Any revenue derived from the sale of	82597
advertising displayed on lottery tickets and on those other items	82598
shall be considered, for purposes of section 3770.06 of the	82599
Revised Code, to be related proceeds in connection with the	82600
statewide lottery or gross proceeds from statewide joint lottery	82601
games, as applicable.	82602

~~(D)~~(E)(1) The commission shall meet with the director at	82603
least once each month and shall convene other meetings at the	82604
request of the chairperson or any five of the members. No action	82605
taken by the commission shall be binding unless at least five of	82606
the members present vote in favor of the action. A written record	82607
shall be made of the proceedings of each meeting and shall be	82608
transmitted forthwith to the governor, the president of the	82609
senate, the senate minority leader, the speaker of the house of	82610
representatives, and the house minority leader.	82611

(2) The director shall present to the commission a report	82612
each month, showing the total revenues, prize disbursements, and	82613
operating expenses of the state lottery for the preceding month.	82614
As soon as practicable after the end of each fiscal year, the	82615
commission shall prepare and transmit to the governor and the	82616
general assembly a report of lottery revenues, prize	82617
disbursements, and operating expenses for the preceding fiscal	82618
year and any recommendations for legislation considered necessary	82619
by the commission.	82620

Sec. 3770.05. (A) As used in this section, "person" means	82621
any person, association, corporation, partnership, club, trust,	82622
estate, society, receiver, trustee, person acting in a fiduciary	82623
or representative capacity, instrumentality of the state or any of	82624
its political subdivisions, or any other combination of	82625
individuals meeting the requirements set forth in this section or	82626
established by rule or order of the state lottery commission.	82627

(B) The director of the state lottery commission may license	82628
any person as a lottery sales agent. No license shall be issued to	82629
any person or group of persons to engage in the sale of lottery	82630
tickets as the person's or group's sole occupation or business.	82631

Before issuing any license to a lottery sales agent, the	82632
director shall consider all of the following:	82633

(1) The financial responsibility and security of the	82634
applicant and the applicant's business or activity;	82635

(2) The accessibility of the applicant's place of business or	82636
activity to the public;	82637

(3) The sufficiency of existing licensed agents to serve the	82638
public interest;	82639

(4) The volume of expected sales by the applicant;

82640

(5) Any other factors pertaining to the public interest,	82641
convenience, or trust.	82642

(C) Except as otherwise provided in division (F) of this	82643
section, the director of the state lottery commission shall refuse	82644
to grant, or shall suspend or revoke, a license if the applicant	82645
or licensee:	82646

(1) Has been convicted of a felony or has been convicted of a	82647
crime involving moral turpitude;	82648

(2) Has been convicted of an offense that involves illegal	82649
gambling;	82650

(3) Has been found guilty of fraud or misrepresentation in	82651
any connection;	82652

(4) Has been found to have violated any rule or order of the	82653
commission; or	82654

(5) Has been convicted of illegal trafficking in ~~food stamps~~	82655
supplemental nutrition assistance program benefits.	82656

(D) Except as otherwise provided in division (F) of this	82657
section, the director of the state lottery commission shall refuse	82658
to grant, or shall suspend or revoke, a license if the applicant	82659
or licensee is a corporation and any of the following applies:	82660

(1) Any of the corporation's directors, officers, or	82661
controlling shareholders has been found guilty of any of the	82662
activities specified in divisions (C)(1) to (5) of this section;	82663

(2) It appears to the director of the state lottery	82664
commission that, due to the experience, character, or general	82665
fitness of any director, officer, or controlling shareholder of	82666
the corporation, the granting of a license as a lottery sales	82667
agent would be inconsistent with the public interest, convenience,	82668
or trust;	82669

(3) The corporation is not the owner or lessee of the	82670
business at which it would conduct a lottery sales agency pursuant	82671
to the license applied for;	82672

(4) Any person, firm, association, or corporation other than	82673
the applicant or licensee shares or will share in the profits of	82674
the applicant or licensee, other than receiving dividends or	82675
distributions as a shareholder, or participates or will	82676
participate in the management of the affairs of the applicant or	82677
licensee.	82678

(E)(1) The director of the state lottery commission shall	82679
refuse to grant a license to an applicant for a lottery sales	82680
agent license and shall revoke a lottery sales agent license if	82681
the applicant or licensee is or has been convicted of a violation	82682
of division (A) or (C)(1) of section 2913.46 of the Revised Code.	82683

(2) The director shall refuse to grant a license to an	82684
applicant for a lottery sales agent license that is a corporation	82685
and shall revoke the lottery sales agent license of a corporation	82686
if the corporation is or has been convicted of a violation of	82687
division (A) or (C)(1) of section 2913.46 of the Revised Code.	82688

(F) The director of the state lottery commission shall	82689
request the bureau of criminal identification and investigation,	82690
the department of public safety, or any other state, local, or	82691
federal agency to supply the director with the criminal records of	82692
any applicant for a lottery sales agent license, and may	82693
periodically request the criminal records of any person to whom a	82694
lottery sales agent license has been issued. At or prior to the	82695
time of making such a request, the director shall require an	82696
applicant or licensee to obtain fingerprint impressions on	82697
fingerprint cards prescribed by the superintendent of the bureau	82698
of criminal identification and investigation at a qualified law	82699
enforcement agency, and the director shall cause those	82700
fingerprint cards to be forwarded to the bureau of criminal	82701
identification and investigation, to the federal bureau of	82702
investigation, or to both bureaus. The commission shall assume the	82703
cost of obtaining the fingerprint cards.	82704

The director shall pay to each agency supplying criminal	82705
records for each investigation a reasonable fee, as determined by	82706
the agency.	82707

The commission may adopt uniform rules specifying time	82708
periods after which the persons described in divisions (C)(1) to	82709
(5) and (D)(1) to (4) of this section may be issued a license and	82710
establishing requirements for those persons to seek a court order	82711
to have records sealed in accordance with law.	82712

(G)(1) Each applicant for a lottery sales agent license shall	82713
do both of the following:	82714

(a) Pay to the state lottery commission, at the time the	82715
application is submitted, a fee in an amount that the director of	82716
the state lottery commission determines by rule adopted under	82717
Chapter 119. of the Revised Code and that the controlling board	82718
approves;	82719

(b) Prior to approval of the application, obtain a surety	82720
bond in an amount the director determines by rule adopted under	82721
Chapter 119. of the Revised Code or, alternatively, with the	82722
director's approval, deposit the same amount into a dedicated	82723
account for the benefit of the state lottery. The director also	82724
may approve the obtaining of a surety bond to cover part of the	82725
amount required, together with a dedicated account deposit to	82726
cover the remainder of the amount required.	82727

A surety bond may be with any company that complies with the	82728
bonding and surety laws of this state and the requirements	82729
established by rules of the commission pursuant to this chapter.	82730
A dedicated account deposit shall be conducted in accordance with	82731
policies and procedures the director establishes.	82732

A surety bond, dedicated account, or both, as applicable, may	82733
be used to pay for the lottery sales agent's failure to make	82734
prompt and accurate payments for lottery ticket sales, for missing	82735
or stolen lottery tickets, or for damage to equipment or materials	82736
issued to the lottery sales agent, or to pay for expenses the	82737
commission incurs in connection with the lottery sales agent's	82738
license.	82739

(2) A lottery sales agent license is effective for one year.

82740

A licensed lottery sales agent, on or before the date	82741
established by the director, shall renew the agent's license and	82742
provide at that time evidence to the director that the surety	82743
bond, dedicated account deposit, or both, required under division	82744
(G)(1)(b) of this section has been renewed or is active, whichever	82745
applies.	82746

Before the commission renews a lottery sales agent license,	82747
the lottery sales agent shall submit a renewal fee to the	82748
commission in an amount that the director determines by rule	82749
adopted under Chapter 119. of the Revised Code and that the	82750
controlling board approves. The renewal fee shall not exceed the	82751
actual cost of administering the license renewal and processing	82752
changes reflected in the renewal application. The renewal of the	82753
license is effective for up to one year.	82754

(3) A lottery sales agent license shall be complete,	82755
accurate, and current at all times during the term of the license.	82756
Any changes to an original license application or a renewal	82757
application may subject the applicant or lottery sales agent, as	82758
applicable, to paying an administrative fee that shall be in an	82759
amount that the director determines by rule adopted under Chapter	82760
119. of the Revised Code, that the controlling board approves, and	82761
that shall not exceed the actual cost of administering and	82762
processing the changes to an application.	82763

(4) The relationship between the commission and a lottery	82764
sales agent is one of trust. A lottery sales agent collects funds	82765
on behalf of the commission through the sale of lottery tickets	82766
for which the agent receives a compensation.	82767

(H) Pending a final resolution of any question arising under	82768
this section, the director of the state lottery commission may	82769
issue a temporary lottery sales agent license, subject to the	82770
terms and conditions the director considers appropriate.	82771

(I) If a lottery sales agent's rental payments for the	82772
lottery sales agent's premises are determined, in whole or in	82773
part, by the amount of retail sales the lottery sales agent makes,	82774
and if the rental agreement does not expressly provide that the	82775
amount of those retail sales includes the amounts the lottery	82776
sales agent receives from lottery ticket sales, only the amounts	82777
the lottery sales agent receives as compensation from the state	82778
lottery commission for selling lottery tickets shall be considered	82779
to be amounts the lottery sales agent receives from the retail	82780
sales the lottery sales agent makes, for the purpose of computing	82781
the lottery sales agent's rental payments.	82782

Sec. 3770.21. (A) "Video lottery terminal" means any	82783
electronic device approved by the state lottery commission that	82784
provides immediate prize determinations for participants on an	82785
electronic display.	82786

(B) The state lottery commission shall include, in any rules	82787
adopted concerning video lottery terminals, the level of minimum	82788
investments that must be made by video lottery terminal licensees	82789
in the buildings and grounds at the facilities, including	82790
temporary facilities, in which the terminals will be located,	82791
along with any standards and timetables for such investments.	82792

(C) No license or excise tax or fee not in effect on the	82793
effective date of this section shall be assessed upon or	82794
collected from a video lottery terminal licensee by any county,	82795
township, municipal corporation, school district, or other	82796
political subdivision of the state that has authority to assess or	82797
collect a tax or fee by reason of the video lottery terminal	82798
related conduct authorized by section 3770.03 of the Revised Code.	82799
This division does not prohibit the imposition of taxes under	82800
Chapter 718. or 3769. of the Revised Code.	82801

(D) The supreme court shall have exclusive, original	82802
jurisdiction over any claim asserting that this section or	82803
section 3770.03 of the Revised Code or any portion of those	82804
sections or any rule adopted under those sections violates any	82805
provision of the Ohio Constitution, any claim asserting that any	82806
action taken by the governor or the lottery commission pursuant	82807
to those sections violates any provision of the Ohio Constitution	82808
or any provision of the Revised Code, or any claim asserting that	82809
any portion of this section violates any provision of the Ohio	82810
Constitution. If any claim over which the supreme court is	82811
granted exclusive, original jurisdiction by this division is	82812
filed in any lower court, the claim shall be dismissed by the	82813
court on the ground that the court lacks jurisdiction to review	82814
it.	82815

(E) Should any portion of this section or of section 3770.03	82816
of the Revised Code be found to be unenforceable or invalid, it	82817
shall be severed and the remaining portions remain in full force	82818
and effect.	82819

Sec. 3773.35. Any person who wishes to conduct a public or	82820
private competition that involves boxing or, wrestling ~~match or~~	82821
~~exhibition~~, mixed martial arts, kick boxing, tough man contests,	82822
tough guy contests, or any other form of boxing or martial arts	82823
shall apply to the Ohio athletic commission for a promoter's	82824
license. Each application shall be filed with the commission on	82825
forms provided by the commission, and shall be accompanied by an	82826
application fee as prescribed in section 3773.43 of the Revised	82827
Code and, with the exception of wrestling events, by a ~~cash~~	82828
~~bond, certified check, bank draft, or~~ surety bond of not less	82829
than ~~five~~twenty thousand dollars conditioned for compliance	82830
with sections 3773.31 to 3773.57 of the Revised Code and the	82831
rules of the commission. ~~The applicant shall verify the~~	82832
~~application under oath.~~	82833

The commission shall prescribe the form of the application	82834
for the promoter's license. The application shall include the name	82835
of the applicant, the post office address of the applicant, and	82836
any other information the commission requires.	82837

Sec. 3773.36. Upon the proper filing of an application to	82838
conduct any public or private competition that involves boxing or	82839
~~wrestling matches or exhibitions~~, mixed martial arts, kick boxing,	82840
tough man contests, tough guy contests, or any other form of	82841
boxing or martial arts, accompanied by the ~~cash bond, certified~~	82842
~~check, bank draft, or~~ surety bond ~~required by section 3773.35,~~ and	82843
the application fee ~~required by section 3773.43 of the Revised~~	82844
~~Code~~, or upon the proper filing of an application to conduct any	82845
public or private competition that involves wrestling accompanied	82846
by the application fee, the Ohio athletic commission shall issue a	82847
promoter's license to the applicant if it finds that the applicant	82848
is not in default on any payment, obligation, or debt payable to	82849
the state under sections 3773.31 to 3773.57 of the Revised Code,	82850
is financially responsible, and is knowledgeable in the proper	82851
conduct of such matches or exhibitions.	82852

Each license issued pursuant to this section shall bear the	82853
name of the licensee, the post office address of the licensee, the	82854
date of ~~issue~~expiration, ~~a serial~~an identification number	82855
designated by the commission, and the seal of the commission~~, and~~	82856
~~the signature of the commission chairperson~~.	82857

A promoter's license shall expire twelve months after its	82858
date of issuance and shall become invalid on that date unless	82859
renewed. A promoter's license may be renewed upon application to	82860
the commission and upon payment of the renewal fee prescribed in	82861
section 3773.43 of the Revised Code. The commission shall renew	82862
the license unless it denies the application for renewal for one	82863
or more reasons stated in section 3123.47 or 3773.53 of the	82864
Revised Code.	82865

Sec. 3773.43. The Ohio athletic commission shall charge the	82866
following fees:	82867

(A) For an application for or renewal of a promoter's license	82868
for a public or private competition that involves boxing ~~matches~~	82869
~~or exhibitions~~, mixed martial arts, kick boxing, tough man	82870
contests, tough guy contests, or any other form of boxing or	82871
martial arts, one hundred dollars.	82872

(B) For an application for or renewal of a license to	82873
participate in a public boxing match or exhibition as a	82874
contestant, or as a referee, judge, matchmaker, manager,	82875
timekeeper, trainer, or second of a contestant, twenty dollars.	82876

(C) For a permit to conduct a public boxing match or	82877
exhibition, fifty dollars.	82878

(D) For an application for or renewal of a promoter's license	82879
for ~~professional~~a public or private competition that involves	82880
wrestling ~~matches or exhibitions~~, two hundred dollars.	82881

(E) For a permit to conduct a professional wrestling match or	82882
exhibition, one hundred dollars.	82883

The commission, subject to the approval of the controlling	82884
board, may establish fees in excess of the amounts provided in	82885
this section, provided that such fees do not exceed the amounts	82886
permitted by this section by more than fifty per cent.	82887

The fees prescribed by this section shall be paid to the	82888
treasurer of state, who shall deposit the fees in the occupational	82889
licensing and regulatory fund.	82890

Sec. 3773.45. (A) ~~Each contestant in a public boxing match~~	82891
~~or exhibition shall be examined not more than twenty-four hours~~	82892
~~before entering the ring by a licensed physician, a physician~~	82893
~~assistant, a clinical nurse specialist, a certified nurse~~	82894
~~practitioner, or a certified nurse-midwife. Each contestant who~~	82895
~~has had a previous match or exhibition on or after July 27, 1981,~~	82896
~~and was knocked out at that match or exhibition shall present to~~	82897
~~the examiner a record of the physical examination performed at the~~	82898
~~conclusion of that match or exhibition. If, after reviewing such~~	82899
~~record and performing a physical examination of the contestant,~~	82900
~~the examiner determines that the contestant is physically fit to~~	82901
~~compete, the physician shall certify that fact on the contestant's~~	82902
~~physical examination form. No physician, physician assistant,~~	82903
~~clinical nurse specialist, certified nurse practitioner, or~~	82904
~~certified nurse-midwife shall certify a contestant as physically~~	82905
~~fit to compete if the physician, physician assistant, clinical~~	82906
~~nurse specialist, certified nurse practitioner, or certified~~	82907
~~nurse-midwife determines that the contestant was knocked out in a~~	82908
~~contest that took place within the preceding thirty days. No~~	82909
~~contestant shall compete in a public boxing match or exhibition~~	82910
~~unless the contestant has been certified as physically fit in~~	82911
~~accordance with this section.~~	82912

~~Immediately after the end of a match or exhibition, the~~	82913
~~examiner shall examine each contestant who was knocked out in the~~	82914
~~match or exhibition, and record the outcome of the match or~~	82915
~~exhibition and any physical injuries sustained by the contestant~~	82916
~~on the contestant's physical examination form.~~	82917

~~Within twenty-four hours after the match or exhibition, the~~	82918
~~examiner shall mail one copy of the examination report to the Ohio~~	82919
~~athletic commission and one copy to the contestant. The commission~~	82920
~~shall furnish blank copies of the examination report to the~~	82921
~~examiner. The examiner shall answer all questions on the form. The~~	82922
~~person conducting the match or exhibition shall compensate the~~	82923
~~examiner. No person shall conduct such a match or exhibition~~	82924
~~unless an examiner appointed by the commission is in attendance.~~	82925
The Ohio athletic commission shall adopt, and may amend or	82926
rescind, rules that do both of the following:	82927

(1) Require the physical examination by appropriate medical	82928
personnel of each contestant in any public competition that	82929
involves boxing, mixed martial arts, kick boxing, karate, tough	82930
man contests, or any other form of boxing or martial arts within a	82931
specified time period before and after the competition to	82932
determine whether the contestant is physically fit to compete in	82933
the competition under specified standards, has sustained physical	82934
injuries in the competition, or requires follow-up examination;	82935
and	82936

(2) Require the reporting of each examination to the	82937
commission.	82938

(B) No holder of a promoter's license shall conduct a boxing	82939
match or exhibition that exceeds twelve rounds. Each round shall	82940
be not more than three minutes in length. A period of at least one	82941
minute, during which no boxing or sparring takes place, shall	82942
occur between rounds.	82943

No holder of a promoter's license or a permit issued under	82944
section 3773.39 of the Revised Code shall allow a professional	82945
boxer to participate in more than twelve rounds of boxing within a	82946
period of seventy-two consecutive hours. For any match or	82947
exhibition or for a class of contestants, the commission may limit	82948
the number of rounds within the maximum of twelve rounds.	82949

(C) No person shall conduct a boxing match or exhibition	82950
unless a licensed referee appointed by the commission and paid by	82951
the person is present. The referee shall direct and control the	82952
match or exhibition. Before each match or exhibition the referee	82953
shall obtain from each contestant the name of the contestant's	82954
chief second and shall hold the chief second responsible for the	82955
conduct of any assistant seconds during the match or exhibition.	82956
The referee may declare a prize, remuneration, or purse or any	82957
part thereof to which a contestant is otherwise entitled withheld	82958
if, in the referee's judgment, the contestant is not competing or	82959
did not compete honestly. A contestant may appeal the referee's	82960
decision in a hearing before the commission conducted in	82961
accordance with section 3773.52 of the Revised Code.	82962

(D) No person shall hold or conduct a boxing match or	82963
exhibition unless three licensed judges appointed by the	82964
commission and paid by the person are present. Each judge shall	82965
render a decision at the end of each match or exhibition. The	82966
judges shall determine the outcome of the match or exhibition, and	82967
their decision shall be final.	82968

(E) Each contestant in a boxing match or exhibition shall	82969
wear gloves weighing not less than six ounces during the boxing	82970
match or exhibition.	82971

Sec. 3773.53. The Ohio athletic commission may revoke,	82972
suspend, or refuse to renew any license issued under sections	82973
3773.31 to 3773.57 of the Revised Code if the licensee:	82974

(A) Has committed an act detrimental to any sport regulated	82975
by this chapter or to the public interest, convenience, or	82976
necessity;	82977

(B) Is associating or consorting with any person who has been	82978
convicted of a crime involving the sports regulated by the	82979
commission, including a conviction under sections 2913.02,	82980
2915.05, or 2921.02 of the Revised Code;	82981

(C) Is or has been consorting with bookmakers or gamblers, or	82982
has engaged in similar pursuits;	82983

(D) Is financially irresponsible;

82984

(E) Has been found guilty of any fraud or misrepresentation	82985
in connection with any sport regulated by this chapter;	82986

(F) Has violated any law with respect to any sport regulated	82987
by this chapter or any rule or order of the commission;	82988

(G) Has been convicted of or pleaded guilty to a violation of	82989
sections 2913.02, 2915.05, or 2921.02 of the Revised Code;	82990

(H) Has engaged in any other activity that the commission	82991
determines is detrimental to any sport regulated by this chapter.	82992

The commission, in addition to any other action it may take	82993
under this chapter, may impose a fine ~~of not more than one~~	82994
~~hundred dollars~~in an amount to be determined by rule of the	82995
commission adopted under Chapter 119. of the Revised Code against	82996
any person licensed under sections 3773.31 to 3773.57 of the	82997
Revised Code for a violation of any of these sections or a	82998
violation of any rule or order of the commission. The amount of	82999
fines collected shall be deposited into the general revenue	83000
fund.	83001

Sec. 3781.03. (A) The state fire marshal, the fire chief of	83002
a municipal corporation that has a fire department, or the fire	83003
chief of a township that has a fire department shall enforce the	83004
provisions of this chapter and Chapter 3791. of the Revised Code	83005
that relate to fire prevention.	83006

(B) The superintendent of ~~the division of industrial~~	83007
~~compliance~~labor, or the building inspector or commissioner of	83008
buildings in a municipal corporation, county, or township in which	83009
the building department is certified by the board of building	83010
standards under section 3781.10 of the Revised Code shall enforce	83011
in the jurisdiction of each entity all the provisions in this	83012
chapter and Chapter 3791. of the Revised Code and any rules	83013
adopted pursuant to those chapters that relate to the	83014
construction, arrangement, and erection of all buildings or parts	83015
of buildings, as defined in section 3781.06 of the Revised Code,	83016
including the sanitary condition of those buildings in relation to	83017
heating and ventilation.	83018

(C) The division of ~~industrial compliance~~labor in the	83019
department of commerce, boards of health of health districts,	83020
certified departments of building inspection of municipal	83021
corporations, and county building departments that have authority	83022
to perform inspections pursuant to a contract under division	83023
(C)(1) of section 3703.01 of the Revised Code, subject to	83024
Chapter 3703. of the Revised Code, shall enforce this chapter	83025
and Chapter 3791. of the Revised Code and the rules adopted	83026
pursuant to those chapters that relate to plumbing. Building	83027
drains are considered plumbing for the purposes of enforcement	83028
of those chapters.	83029

(D)(1) In accordance with Chapter 3703. of the Revised Code,	83030
the department of the city engineer, in cities having such	83031
departments, the boards of health of health districts, or the	83032
sewer purveyor, as appropriate, shall have complete authority to	83033
supervise and regulate the entire sewerage and drainage system in	83034
the jurisdiction in which it is exercising the authority described	83035
in this division, including the building sewer and all laterals	83036
draining into the street sewers.	83037

(2) In accordance with Chapter 3703. of the Revised Code, the	83038
department of the city engineer, the boards of health of health	83039
districts, or the sewer purveyor, as appropriate, shall control	83040
and supervise the installation and construction of all drains and	83041
sewers that become a part of the sewerage system and shall issue	83042
all the necessary permits and licenses for the construction and	83043
installation of all building sewers and of all other lateral	83044
drains that empty into the main sewers. The department of the city	83045
engineer, the boards of health of health districts, and the sewer	83046
purveyor, as appropriate, shall keep a permanent record of the	83047
installation and location of every drain and sewer of the drainage	83048
and sewerage system of the jurisdiction in which it has exercised	83049
the authority described in this division.	83050

(E) This section does not exempt any officer or department	83051
from the obligation to enforce this chapter and Chapter 3791. of	83052
the Revised Code.	83053

Sec. 3781.07. There is hereby established in the department	83054
of commerce a board of building standards consisting of ~~eleven~~	83055
fifteen members appointed by the governor with the advice and	83056
consent of the senate. The board shall appoint a secretary who	83057
shall serve in the unclassified civil service for a term of six	83058
years at a salary fixed pursuant to Chapter 124. of the Revised	83059
Code. The board may employ additional staff in the classified	83060
civil service. The secretary may be removed by the board under the	83061
rules the board adopts. Terms of office shall be for four years,	83062
commencing on the fourteenth day of October and ending on the	83063
thirteenth day of October. Each member shall hold office from the	83064
date of appointment until the end of the term for which the member	83065
was appointed. Any member appointed to fill a vacancy occurring	83066
prior to the expiration of the term for which the member's	83067
predecessor was appointed shall hold office for the remainder of	83068
such term. Any member shall continue in office subsequent to the	83069
expiration date of the member's term until the member's successor	83070
takes office, or until a period of sixty days has elapsed,	83071
whichever occurs first. One of the members appointed to the board	83072
shall be an attorney at law, admitted to the bar of this state;	83073
two shall be registered architects; two shall be professional	83074
engineers, one in the field of mechanical and one in the field of	83075
structural engineering, each of whom shall be duly licensed to	83076
practice such profession in this state; one shall be a person of	83077
recognized ability, broad training, and fifteen years experience	83078
in problems and practice incidental to the construction and	83079
equipment of buildings specified in section 3781.06 of the Revised	83080
Code; one shall be a person with recognized ability and experience	83081
in the manufacture and construction of industrialized units as	83082
defined in section 3781.06 of the Revised Code; one shall be a	83083
member of the fire service with recognized ability and broad	83084
training in the field of fire protection and suppression; one	83085
shall be a person with at least ten years of experience and	83086
recognized expertise in building codes and standards and the	83087
manufacture of construction materials; one shall be a general	83088
contractor with experience in residential and commercial	83089
construction; two, chosen from a list of ten names the Ohio home	83090
builders association submits to the governor, shall be general	83091
contractors who have recognized ability in the construction of	83092
residential buildings; one shall be a person with recognized	83093
ability and experience in the use of advanced and renewable energy	83094
in the construction of commercial and residential buildings; one	83095
shall be a person with recognized ability and experience in the	83096
use of energy conservation in the construction of commercial and	83097
residential buildings; and one, chosen from a list of three names	83098
the Ohio municipal league submits to the governor, shall be the	83099
mayor of a municipal corporation in which the Ohio residential and	83100
nonresidential building codes are being enforced in the municipal	83101
corporation by a certified building department. Each member of the	83102
board, not otherwise required to take an oath of office, shall	83103
take the oath prescribed by the constitution. Each member shall	83104
receive as compensation an amount fixed pursuant to division (J)	83105
of section 124.15 of the Revised Code, and shall receive actual	83106
and necessary expenses in the performance of official duties. The	83107
amount of such expenses shall be certified by the secretary of the	83108
board and paid in the same manner as the expenses of employees of	83109
the department of commerce are paid.	83110

Sec. 3781.10. (A)(1) The board of building standards shall	83111
formulate and adopt rules governing the erection, construction,	83112
repair, alteration, and maintenance of all buildings or classes of	83113
buildings specified in section 3781.06 of the Revised Code,	83114
including land area incidental to those buildings, the	83115
construction of industrialized units, the installation of	83116
equipment, and the standards or requirements for materials used	83117
in connection with those buildings. The board shall incorporate	83118
those rules into separate residential and nonresidential building	83119
codes. The standards shall relate to the conservation of energy	83120
and the safety and sanitation of those buildings.	83121

(2) The rules governing nonresidential buildings are the	83122
lawful minimum requirements specified for those buildings and	83123
industrialized units, except that no rule other than as provided	83124
in division (C) of section 3781.108 of the Revised Code that	83125
specifies a higher requirement than is imposed by any section of	83126
the Revised Code is enforceable. The rules governing residential	83127
buildings are uniform requirements for residential buildings in	83128
any area with a building department certified to enforce the state	83129
residential building code. In no case shall any local code or	83130
regulation differ from the state residential building code unless	83131
that code or regulation addresses subject matter not addressed by	83132
the state residential building code or is adopted pursuant to	83133
section 3781.01 of the Revised Code.	83134

(3) The rules adopted pursuant to this section are complete,	83135
lawful alternatives to any requirements specified for buildings	83136
or industrialized units in any section of the Revised Code. ~~The~~	83137
Except as otherwise provided in division (I) of this section, the	83138
board shall, on its own motion or on application made under	83139
sections 3781.12 and 3781.13 of the Revised Code, formulate,	83140
propose, adopt, modify, amend, or repeal the rules to the extent	83141
necessary or desirable to effectuate the purposes of sections	83142
3781.06 to 3781.18 of the Revised Code.	83143

(B) The board shall report to the general assembly proposals	83144
for amendments to existing statutes relating to the purposes	83145
declared in section 3781.06 of the Revised Code that public	83146
health and safety and the development of the arts require and	83147
shall recommend any additional legislation to assist in carrying	83148
out fully, in statutory form, the purposes declared in that	83149
section. The board shall prepare and submit to the general	83150
assembly a summary report of the number, nature, and disposition	83151
of the petitions filed under sections 3781.13 and 3781.14 of the	83152
Revised Code.	83153

(C) On its own motion or on application made under sections	83154
3781.12 and 3781.13 of the Revised Code, and after thorough	83155
testing and evaluation, the board shall determine by rule that any	83156
particular fixture, device, material, process of manufacture,	83157
manufactured unit or component, method of manufacture, system, or	83158
method of construction complies with performance standards adopted	83159
pursuant to section 3781.11 of the Revised Code. The board shall	83160
make its determination with regard to adaptability for safe and	83161
sanitary erection, use, or construction, to that described in any	83162
section of the Revised Code, wherever the use of a fixture,	83163
device, material, method of manufacture, system, or method of	83164
construction described in that section of the Revised Code is	83165
permitted by law. The board shall amend or annul any rule or	83166
issue an authorization for the use of a new material or	83167
manufactured unit on any like application. No department,	83168
officer, board, or commission of the state other than the board	83169
of building standards or the board of building appeals shall	83170
permit the use of any fixture, device, material, method of	83171
manufacture, newly designed product, system, or method of	83172
construction at variance with what is described in any rule the	83173
board of building standards adopts or issues or that is	83174
authorized by any section of the Revised Code. Nothing in this	83175
section shall be construed as requiring approval, by rule, of	83176
plans for an industrialized unit that conforms with the rules	83177
the board of building standards adopts pursuant to section	83178
3781.11 of the Revised Code.	83179

(D) The board shall recommend rules, codes, and standards to	83180
help carry out the purposes of section 3781.06 of the Revised Code	83181
and to help secure uniformity of state administrative rulings and	83182
local legislation and administrative action to the bureau of	83183
workers' compensation, the director of commerce, any other	83184
department, officer, board, or commission of the state, and to	83185
legislative authorities and building departments of counties,	83186
townships, and municipal corporations, and shall recommend that	83187
they audit those recommended rules, codes, and standards by any	83188
appropriate action that they are allowed pursuant to law or the	83189
constitution.	83190

(E)(1) The board shall certify municipal, township, and	83191
county building departments and the personnel of those building	83192
departments, and persons and employees of individuals, firms, or	83193
corporations as described in division (E)(7) of this section to	83194
exercise enforcement authority, to accept and approve plans and	83195
specifications, and to make inspections, pursuant to sections	83196
3781.03, 3791.04, and 4104.43 of the Revised Code.	83197

(2) The board shall certify departments, personnel, and	83198
persons to enforce the state residential building code, to enforce	83199
the nonresidential building code, or to enforce both the	83200
residential and the nonresidential building codes. Any department,	83201
personnel, or person may enforce only the type of building code	83202
for which certified.	83203

(3) The board shall not require a building department, its	83204
personnel, or any persons that it employs to be certified for	83205
residential building code enforcement if that building department	83206
does not enforce the state residential building code. The board	83207
shall specify, in rules adopted pursuant to Chapter 119. of the	83208
Revised Code, the requirements for certification for residential	83209
and nonresidential building code enforcement, which shall be	83210
consistent with this division. The requirements for residential	83211
and nonresidential certification may differ. Except as otherwise	83212
provided in this division, the requirements shall include, but are	83213
not limited to, the satisfactory completion of an initial	83214
examination and, to remain certified, the completion of a	83215
specified number of hours of continuing building code education	83216
within each three-year period following the date of certification	83217
which shall be not less than thirty hours. The rules shall provide	83218
that continuing education credits and certification issued by the	83219
council of American building officials, national model code	83220
organizations, and agencies or entities the board recognizes are	83221
acceptable for purposes of this division. The rules shall specify	83222
requirements that are compatible, to the extent possible, with	83223
requirements the council of American building officials and	83224
national model code organizations establish.	83225

(4) The board shall establish and collect a certification and	83226
renewal fee for building department personnel, and persons and	83227
employees of persons, firms, or corporations as described in this	83228
section, who are certified pursuant to this division.	83229

(5) Any individual certified pursuant to this division shall	83230
complete the number of hours of continuing building code education	83231
that the board requires or, for failure to do so, forfeit	83232
certification.	83233

(6) This division does not require or authorize the board to	83234
certify personnel of municipal, township, and county building	83235
departments, and persons and employees of persons, firms, or	83236
corporations as described in this section, whose responsibilities	83237
do not include the exercise of enforcement authority, the approval	83238
of plans and specifications, or making inspections under the state	83239
residential and nonresidential building codes.	83240

(7) Enforcement authority for approval of plans and	83241
specifications and enforcement authority for inspections may be	83242
exercised, and plans and specifications may be approved and	83243
inspections may be made on behalf of a municipal corporation,	83244
township, or county, by any of the following who the board of	83245
building standards certifies:	83246

(a) Officers or employees of the municipal corporation,	83247
township, or county;	83248

(b) Persons, or employees of persons, firms, or corporations,	83249
pursuant to a contract to furnish architectural, engineering, or	83250
other services to the municipal corporation, township, or county;	83251

(c) Officers or employees of, and persons under contract	83252
with, a municipal corporation, township, county, health district,	83253
or other political subdivision, pursuant to a contract to furnish	83254
architectural, engineering, or other services.	83255

(8) Municipal, township, and county building departments have	83256
jurisdiction within the meaning of sections 3781.03, 3791.04, and	83257
4104.43 of the Revised Code, only with respect to the types of	83258
buildings and subject matters for which they are certified under	83259
this section.	83260

(9) Certification shall be granted upon application by the	83261
municipal corporation, the board of township trustees, or the	83262
board of county commissioners and approval of that application by	83263
the board of building standards. The application shall set forth:	83264

(a) Whether the certification is requested for residential or	83265
nonresidential buildings, or both;	83266

(b) The number and qualifications of the staff composing the	83267
building department;	83268

(c) The names, addresses, and qualifications of persons,	83269
firms, or corporations contracting to furnish work or services	83270
pursuant to division (E)(7)(b) of this section;	83271

(d) The names of any other municipal corporation, township,	83272
county, health district, or political subdivision under contract	83273
to furnish work or services pursuant to division (E)(7) of this	83274
section;	83275

(e) The proposed budget for the operation of the building	83276
department.	83277

(10) The board of building standards shall adopt rules	83278
governing all of the following:	83279

(a) The certification of building department personnel and	83280
persons and employees of persons, firms, or corporations	83281
exercising authority pursuant to division (E)(7) of this section.	83282
The rules shall disqualify any employee of the department or	83283
person who contracts for services with the department from	83284
performing services for the department when that employee or	83285
person would have to pass upon, inspect, or otherwise exercise	83286
authority over any labor, material, or equipment the employee or	83287
person furnishes for the construction, alteration, or maintenance	83288
of a building or the preparation of working drawings or	83289
specifications for work within the jurisdictional area of the	83290
department. The department shall provide other similarly qualified	83291
personnel to enforce the residential and nonresidential building	83292
codes as they pertain to that work.	83293

(b) The minimum services to be provided by a certified	83294
building department.	83295

(11) The board of building standards may revoke or suspend	83296
certification to enforce the residential and nonresidential	83297
building codes, on petition to the board by any person affected by	83298
that enforcement or approval of plans, or by the board on its own	83299
motion. Hearings shall be held and appeals permitted on any	83300
proceedings for certification or revocation or suspension of	83301
certification in the same manner as provided in section 3781.101	83302
of the Revised Code for other proceedings of the board of building	83303
standards.	83304

(12) Upon certification, and until that authority is revoked,	83305
any county or township building department shall enforce the	83306
residential and nonresidential building codes for which it is	83307
certified without regard to limitation upon the authority of	83308
boards of county commissioners under Chapter 307. of the Revised	83309
Code or boards of township trustees under Chapter 505. of the	83310
Revised Code.	83311

(F) In addition to hearings sections 3781.06 to 3781.18 and	83312
3791.04 of the Revised Code require, the board of building	83313
standards shall make investigations and tests, and require from	83314
other state departments, officers, boards, and commissions	83315
information the board considers necessary or desirable to assist	83316
it in the discharge of any duty or the exercise of any power	83317
mentioned in this section or in sections 3781.06 to 3781.18,	83318
3791.04, and 4104.43 of the Revised Code.	83319

(G) The board shall adopt rules and establish reasonable fees	83320
for the review of all applications submitted where the applicant	83321
applies for authority to use a new material, assembly, or product	83322
of a manufacturing process. The fee shall bear some reasonable	83323
relationship to the cost of the review or testing of the	83324
materials, assembly, or products and for the notification of	83325
approval or disapproval as provided in section 3781.12 of the	83326
Revised Code.	83327

(H) The residential construction advisory committee shall	83328
provide the board with a proposal for a state residential building	83329
code that the committee recommends pursuant to division ~~(C)~~(D)(1)	83330
of section 4740.14 of the Revised Code. Upon receiving a	83331
recommendation from the committee that is acceptable to the board,	83332
the board shall adopt rules establishing that code as the state	83333
residential building code.	83334

(I)(1) The committee may provide the board with proposed	83335
rules to update or amend the state residential building code that	83336
the committee recommends pursuant to division (E) of section	83337
4740.14 of the Revised Code.	83338

(2) If the board receives a proposed rule to update or amend	83339
the state residential building code as provided in division (I)(1)	83340
of this section, the board either may accept or reject the	83341
proposed rule for incorporation into the residential building	83342
code. If the board does not act to either accept or reject the	83343
proposed rule within ninety days after receiving the proposed rule	83344
from the committee as described in division (I)(1) of this	83345
section, the proposed rule shall become part of the residential	83346
building code.	83347

(J) The board shall cooperate with the director of job and	83348
family services when the director promulgates rules pursuant to	83349
section 5104.05 of the Revised Code regarding safety and	83350
sanitation in type A family day-care homes.	83351

~~(J)~~(K) The board shall adopt rules to implement the	83352
requirements of section 3781.108 of the Revised Code.	83353

Sec. 3781.102. (A) Any county or municipal building	83354
department certified pursuant to division (E) of section 3781.10	83355
of the Revised Code as of September 14, 1970, and that, as of	83356
that date, was inspecting single-family, two-family, and	83357
three-family residences, and any township building department	83358
certified pursuant to division (E) of section 3781.10 of the	83359
Revised Code, is hereby declared to be certified to inspect	83360
single-family, two-family, and three-family residences containing	83361
industrialized units, and shall inspect the buildings or classes	83362
of buildings subject to division (E) of section 3781.10 of the	83363
Revised Code.	83364

(B) Each board of county commissioners may adopt, by	83365
resolution, rules establishing standards and providing for the	83366
licensing of electrical and heating, ventilating, and air	83367
conditioning contractors who are not required to hold a valid and	83368
unexpired license pursuant to Chapter 4740. of the Revised Code.	83369

Rules adopted by a board of county commissioners pursuant to	83370
this division may be enforced within the unincorporated areas of	83371
the county and within any municipal corporation where the	83372
legislative authority of the municipal corporation has contracted	83373
with the board for the enforcement of the county rules within the	83374
municipal corporation pursuant to section 307.15 of the Revised	83375
Code. The rules shall not conflict with rules adopted by the board	83376
of building standards pursuant to section 3781.10 of the Revised	83377
Code or by the department of commerce pursuant to Chapter 3703. of	83378
the Revised Code. This division does not impair or restrict the	83379
power of municipal corporations under Section 3 of Article XVIII,	83380
Ohio Constitution, to adopt rules concerning the erection,	83381
construction, repair, alteration, and maintenance of buildings and	83382
structures or of establishing standards and providing for the	83383
licensing of specialty contractors pursuant to section 715.27 of	83384
the Revised Code.	83385

A board of county commissioners, pursuant to this division,	83386
may require all electrical contractors and heating, ventilating,	83387
and air conditioning contractors, other than those who hold a	83388
valid and unexpired license issued pursuant to Chapter 4740. of	83389
the Revised Code, to successfully complete an examination, test,	83390
or demonstration of technical skills, and may impose a fee and	83391
additional requirements for a license to engage in their	83392
respective occupations within the jurisdiction of the board's	83393
rules under this division.	83394

(C) No board of county commissioners shall require any	83395
specialty contractor who holds a valid and unexpired license	83396
issued pursuant to Chapter 4740. of the Revised Code to	83397
successfully complete an examination, test, or demonstration of	83398
technical skills in order to engage in the type of contracting	83399
for which the license is held, within the unincorporated areas of	83400
the county and within any municipal corporation whose legislative	83401
authority has contracted with the board for the enforcement of	83402
county regulations within the municipal corporation, pursuant to	83403
section 307.15 of the Revised Code.	83404

(D) A board may impose a fee for registration of a specialty	83405
contractor who holds a valid and unexpired license issued pursuant	83406
to Chapter 4740. of the Revised Code before that specialty	83407
contractor may engage in the type of contracting for which the	83408
license is held within the unincorporated areas of the county and	83409
within any municipal corporation whose legislative authority has	83410
contracted with the board for the enforcement of county	83411
regulations within the municipal corporation, pursuant to section	83412
307.15 of the Revised Code, provided that the fee is the same for	83413
all specialty contractors who wish to engage in that type of	83414
contracting. If a board imposes such a fee, the board immediately	83415
shall permit a specialty contractor who presents proof of holding	83416
a valid and unexpired license and pays the required fee to engage	83417
in the type of contracting for which the license is held within	83418
the unincorporated areas of the county and within any municipal	83419
corporation whose legislative authority has contracted with the	83420
board for the enforcement of county regulations within the	83421
municipal corporation, pursuant to section 307.15 of the Revised	83422
Code.	83423

(E) The political subdivision associated with each municipal,	83424
township, and county building department the board of building	83425
standards certifies pursuant to division (E) of section 3781.10 of	83426
the Revised Code may prescribe fees to be paid by persons,	83427
political subdivisions, or any department, agency, board,	83428
commission, or institution of the state, for the acceptance and	83429
approval of plans and specifications, and for the making of	83430
inspections, pursuant to sections 3781.03 and 3791.04 of the	83431
Revised Code.	83432

(F) Each political subdivision that prescribes fees pursuant	83433
to division (E) of this section shall collect, on behalf of the	83434
board of building standards, fees equal to the following:	83435

(1) Three per cent of the fees the political subdivision	83436
collects in connection with nonresidential buildings;	83437

(2) One per cent of the fees the political subdivision	83438
collects in connection with residential buildings.	83439

(G)(1) The board shall adopt rules, in accordance with	83440
Chapter 119. of the Revised Code, specifying the manner in which	83441
the fee assessed pursuant to division (F) of this section shall be	83442
collected and remitted monthly to the board. The board shall pay	83443
the fees into the state treasury to the credit of the ~~industrial~~	83444
~~compliance~~labor operating fund created in section 121.084 of the	83445
Revised Code.	83446

(2) All money credited to the ~~industrial compliance~~labor	83447
operating fund under this division shall be used exclusively for	83448
the following:	83449

(a) Operating costs of the board;

83450

(b) Providing services, including educational programs, for	83451
the building departments that are certified by the board pursuant	83452
to division (E) of section 3781.10 of the Revised Code;	83453

(c) Paying the expenses of the residential construction	83454
advisory committee, including the expenses of committee members as	83455
provided in section 4740.14 of the Revised Code.	83456

(H) A board of county commissioners that adopts rules	83457
providing for the licensing of electrical and heating,	83458
ventilating, and air conditioning contractors, pursuant to	83459
division (B) of this section, may accept, for purposes of	83460
satisfying the requirements of rules adopted under that division,	83461
a valid and unexpired license issued pursuant to Chapter 4740. of	83462
the Revised Code that is held by an electrical or heating,	83463
ventilating, and air conditioning contractor, for the	83464
construction, replacement, maintenance, or repair of one-family,	83465
two-family, or three-family dwelling houses or accessory	83466
structures incidental to those dwelling houses.	83467

(I) A board of county commissioners shall not register a	83468
specialty contractor who is required to hold a license under	83469
Chapter 4740. of the Revised Code but does not hold a valid	83470
license issued under that chapter.	83471

(J) As used in this section, "specialty contractor" means a	83472
heating, ventilating, and air conditioning contractor,	83473
refrigeration contractor, electrical contractor, plumbing	83474
contractor, or hydronics contractor, as those contractors are	83475
described in Chapter 4740. of the Revised Code.	83476

Sec. 3781.11. (A) The rules of the board of building	83477
standards shall:	83478

(1) For nonresidential buildings, provide uniform minimum	83479
standards and requirements, and for residential buildings, provide	83480
standards and requirements that are uniform throughout the state,	83481
for construction and construction materials, including	83482
construction of industrialized units, to make residential and	83483
nonresidential buildings safe and sanitary as defined in section	83484
3781.06 of the Revised Code;	83485

(2) Formulate such standards and requirements, so far as may	83486
be practicable, in terms of performance objectives, so as to make	83487
adequate performance for the use intended the test of	83488
acceptability;	83489

(3) Permit, to the fullest extent feasible, the use of	83490
materials and technical methods, devices, and improvements,	83491
including the use of industrialized units which tend to reduce the	83492
cost of construction and erection without affecting minimum	83493
requirements for the health, safety, and security of the occupants	83494
or users of buildings or industrialized units and without	83495
preferential treatment of types or classes of materials or	83496
products or methods of construction;	83497

(4) Encourage, so far as may be practicable, the	83498
standardization of construction practices, methods, equipment,	83499
material, and techniques, including methods employed to produce	83500
industrialized units;	83501

(5) Not require any alteration or repair of any part of a	83502
school building owned by a chartered nonpublic school or a city,	83503
local, exempted village, or joint vocational school district and	83504
operated in conjunction with any primary or secondary school	83505
program that is not being altered or repaired if all of the	83506
following apply:	83507

(a) The school building meets all of the applicable building	83508
code requirements in existence at the time of the construction of	83509
the building.	83510

(b) The school building otherwise satisfies the requirements	83511
of section 3781.06 of the Revised Code.	83512

(c) The part of the school building altered or repaired	83513
conforms to all rules of the board existing on the date of the	83514
repair or alteration.	83515

(6) Not require any alteration or repair to any part of a	83516
workshop or factory that is not otherwise being altered, repaired,	83517
or added to if all of the following apply:	83518

(a) The workshop or factory otherwise satisfies the	83519
requirements of section 3781.06 of the Revised Code.	83520

(b) The part of the workshop or factory altered, repaired, or	83521
added conforms to all rules of the board existing on the date of	83522
plan approval of the repair, alteration, or addition.	83523

(B) The rules of the board shall supersede and govern any	83524
order, standard, or rule of the division of ~~industrial compliance~~	83525
labor in the department of commerce, division of the state fire	83526
marshal, the department of health, and of counties and townships,	83527
in all cases where such orders, standards, or rules are in	83528
conflict with the rules of the board, except that rules adopted	83529
and orders issued by the state fire marshal pursuant to Chapter	83530
3743. of the Revised Code prevail in the event of a conflict.	83531

(C) The construction, alteration, erection, and repair of	83532
buildings including industrialized units, and the materials and	83533
devices of any kind used in connection with them and the heating	83534
and ventilating of them and the plumbing and electric wiring in	83535
them shall conform to the statutes of this state or the rules	83536
adopted and promulgated by the board, and to provisions of local	83537
ordinances not inconsistent therewith. Any building, structure, or	83538
part thereof, constructed, erected, altered, manufactured, or	83539
repaired not in accordance with the statutes of this state or with	83540
the rules of the board, and any building, structure, or part	83541
thereof in which there is installed, altered, or repaired any	83542
fixture, device, and material, or plumbing, heating, or	83543
ventilating system, or electric wiring not in accordance with such	83544
statutes or rules is a public nuisance.	83545

(D) As used in this section:

83546

(1) "Nonpublic school" means a chartered school for which	83547
minimum standards are prescribed by the state board of education	83548
pursuant to division (D) of section 3301.07 of the Revised Code.	83549

(2) "Workshop or factory" includes manufacturing, mechanical,	83550
electrical, mercantile, art, and laundering establishments,	83551
printing, telegraph, and telephone offices, railroad depots, and	83552
memorial buildings, but does not include hotels and tenement and	83553
apartment houses.	83554

Sec. 3781.12. (A)(1) Any person may petition the board of	83555
building standards to adopt, amend, or annul a rule adopted	83556
pursuant to section 3781.10 of the Revised Code, or to permit the	83557
use of any particular fixture, device, material, system, method	83558
of manufacture, product of a manufacturing process, or method or	83559
manner of construction or installation that complies with	83560
performance standards adopted pursuant to section 3781.11 of the	83561
Revised Code, as regards the purposes declared in section 3781.06	83562
of the Revised Code, of the fixtures, devices, materials, systems,	83563
or methods or manners of construction, manufacture or installation	83564
described in any section of the Revised Code relating to those	83565
purposes, where the use is permitted by law.	83566

(2) Any person may petition the residential construction	83567
advisory committee to recommend a rule to update or amend the	83568
state residential building code.	83569

(B) Upon petition under division (A) of this section, the	83570
board shall cause to be conducted testing and evaluation that	83571
the board determines desirable of any fixture, device, material,	83572
system, assembly or product of a manufacturing process, or method	83573
or manner of construction or installation sought to be used under	83574
the rules the board adopts pursuant to section 3781.10 of the	83575
Revised Code.	83576

(C) If the board, after hearing, determines it advisable to	83577
adopt the rule, amendment, or annulment, or to permit the use of	83578
the materials or assemblages petitioned for under division (A) of	83579
this section, it shall give at least thirty days' notice of the	83580
time and place of a public hearing as provided by section 119.03	83581
of the Revised Code. No rule shall be adopted, amended, or	83582
annulled or the use of materials or assemblages authorized until	83583
after the public hearing. A copy of every rule, amendment, or	83584
annulment, and a copy of every approved material or assembly	83585
authorization signed by the chairperson of the board of building	83586
standards and sealed with the seal of the department of commerce	83587
shall, after final adoption or authorization by the board, be	83588
filed with the secretary of state and published as the board	83589
determines. The issuance of the authorization for the use of the	83590
materials or assemblages described in the petition constitutes	83591
approval for their use anywhere in this state. Any rule,	83592
amendment, or annulment does not take effect until a date the	83593
board fixes and states. No rule, amendment, or annulment applies	83594
to any building for which the plans or drawings, specifications,	83595
and data were approved prior to the time the rule, amendment, or	83596
annulment becomes effective. All hearings of the board are open	83597
to the public. Each member of the board may administer oaths in	83598
the performance of the member's duties.	83599

Sec. 3781.19. There is hereby established in the department	83600
of commerce a board of building appeals consisting of five members	83601
who shall be appointed by the governor with the advice and consent	83602
of the senate. Terms of office shall be for four years, commencing	83603
on the fourteenth day of October and ending on the thirteenth day	83604
of October. Each member shall hold office from the date of	83605
appointment until the end of the term for which the member was	83606
appointed. Any member appointed to fill a vacancy occurring prior	83607
to the expiration of the term for which the member's predecessor	83608
was appointed shall hold office for the remainder of such term.	83609
Any member shall continue in office subsequent to the expiration	83610
date of the member's term until a successor takes office, or until	83611
a period of sixty days has elapsed, whichever occurs first. One	83612
member shall be an attorney-at-law, admitted to the bar of this	83613
state and of the remaining members, one shall be a registered	83614
architect and one shall be a professional engineer, each of whom	83615
shall be duly licensed to practice their respective professions in	83616
this state, one shall be a fire prevention officer qualified under	83617
section 3737.66 of the Revised Code, and one shall be a person	83618
with recognized ability in the plumbing or pipefitting profession.	83619
No member of the board of building standards shall be a member of	83620
the board of building appeals. Each member shall be paid an amount	83621
fixed pursuant to Chapter 124. of the Revised Code per diem. The	83622
department shall provide and assign to the board such employees as	83623
are required by the board to perform its functions. The board may	83624
adopt its own rules of procedure not inconsistent with sections	83625
3781.06 to 3781.18 and 3791.04 of the Revised Code, and may change	83626
them in its discretion. The board may establish reasonable fees,	83627
based on actual costs for administration of filing and processing,	83628
not to exceed two hundred dollars, for the costs of filing and	83629
processing appeals. A full and complete record of all proceedings	83630
of the board shall be kept and be open to public inspection.	83631

In the enforcement by any department of the state or any	83632
political subdivision of this chapter and Chapter 3791., and	83633
sections 3737.41, 3737.42, 4104.02, 4104.06, 4104.43, 4104.44,	83634
4104.45, 4105.011, and 4105.11 of the Revised Code and any rule	83635
made thereunder, such department is the agency referred to in	83636
sections 119.07, 119.08, and 119.10 of the Revised Code.	83637

The appropriate municipal or county board of appeals, where	83638
one exists, certified pursuant to section 3781.20 of the Revised	83639
Code shall conduct the adjudication hearing referred to in	83640
sections 119.09 to 119.13 and required by section 3781.031 of the	83641
Revised Code. If there is no certified municipal or county board	83642
of appeals, the board of building appeals shall conduct the	83643
adjudication hearing. If the adjudication hearing concerns section	83644
3781.111 of the Revised Code or any rule made thereunder,	83645
reasonable notice of the time, date, place, and subject of the	83646
hearing shall be given to any local corporation, association, or	83647
other organization composed of or representing handicapped	83648
persons, as defined in section 3781.111 of the Revised Code, or if	83649
there is no local organization, then to any statewide corporation,	83650
association, or other organization composed of or representing	83651
handicapped persons.	83652

In addition to the provisions of Chapter 119. of the Revised	83653
Code, the municipal, county, or state board of building appeals,	83654
as the agency conducting the adjudication hearing, may reverse or	83655
modify the order of the enforcing agency if it finds that the	83656
order is contrary to this chapter and Chapters 3791. and 4104.,	83657
and sections 3737.41, 3737.42, 4105.011, and 4105.11 of the	83658
Revised Code and any rule made thereunder or to a fair	83659
interpretation or application of such laws or any rule made	83660
thereunder, or that a variance from the provisions of such laws or	83661
any rule made thereunder, in the specific case, will not be	83662
contrary to the public interest where a literal enforcement of	83663
such provisions will result in unnecessary hardship.	83664

The state board of building appeals or a certified municipal	83665
or county board of appeals shall render its decision within thirty	83666
days after the date of the adjudication hearing. Following the	83667
adjudication hearing, any municipal or county officer, official	83668
municipal or county board, or person who was a party to the	83669
hearing before the municipal or county board of appeals may apply	83670
to the state board of appeals for a de novo hearing before the	83671
state board, or may appeal directly to the court of common pleas	83672
pursuant to section 3781.031 of the Revised Code.	83673

In addition, any local corporation, association, or other	83674
organization composed of or representing handicapped persons as	83675
defined in section 3781.111 of the Revised Code, or, if no local	83676
corporation, association, or organization exists, then any	83677
statewide corporation, association, or other organization composed	83678
of or representing handicapped persons may apply for the de novo	83679
hearing or appeal to the court of common pleas from any decision	83680
of a certified municipal or county board of appeals interpreting,	83681
applying, or granting a variance from section 3781.111 of the	83682
Revised Code and any rule made thereunder. Application for a de	83683
novo hearing before the state board shall be made no later than	83684
thirty days after the municipal or county board renders its	83685
decision.	83686

The state board of building appeals or the appropriate	83687
certified local board of building appeals shall grant variances	83688
and exemptions from the requirements of section 3781.108 of the	83689
Revised Code in accordance with rules adopted by the board of	83690
building standards pursuant to division ~~(J)~~(K) of section 3781.10	83691
of the Revised Code.	83692

The state board of building appeals or the appropriate	83693
certified local board of building appeals shall, in granting a	83694
variance or exemption from section 3781.108 of the Revised Code,	83695
in addition to any other considerations the state or the	83696
appropriate local board determines appropriate, consider the	83697
architectural and historical significance of the building.	83698

Sec. 3783.05. The board of building standards, in	83699
accordance with Chapters 119., 3781., and 3791. of the Revised	83700
Code, shall adopt, amend, or repeal such rules as may be	83701
reasonably necessary to administer this chapter. All fees	83702
collected by the board pursuant to this chapter shall be paid	83703
into the state treasury to the credit of the ~~industrial~~	83704
~~compliance~~labor operating fund created in section 121.084 of the	83705
Revised Code.	83706

Sec. 3791.02. No owner, or person having the control as an	83707
officer or member of a board or committee or otherwise of any	83708
opera house, hall, theater, church, schoolhouse, college, academy,	83709
seminary, infirmary, sanitarium, children's home, hospital,	83710
medical institute, asylum, memorial building, armory, assembly	83711
hall, or other building for the assemblage or betterment of people	83712
shall fail to obey any order of the state fire marshal, boards of	83713
health of city and general health districts, the building	83714
inspector or commissioner in cities having a building inspection	83715
department, or the superintendent of ~~the division of industrial~~	83716
~~compliance~~labor in the department of commerce under Chapters	83717
3781. and 3791. of the Revised Code or rules or regulations	83718
adopted pursuant thereto.	83719

Whoever violates this section shall be fined not more than	83720
one thousand dollars.	83721

Sec. 3791.04. (A)(1) Before beginning the construction,	83722
erection, or manufacture of any building to which section 3781.06	83723
of the Revised Code applies, including all industrialized units,	83724
the owner of that building, in addition to any other submission	83725
required by law, shall submit plans or drawings, specifications,	83726
and data prepared for the construction, erection, equipment,	83727
alteration, or addition that indicate the portions that have been	83728
approved pursuant to section 3781.12 of the Revised Code and for	83729
which no further approval is required, to the municipal, township,	83730
or county building department having jurisdiction unless one of	83731
the following applies:	83732

(a) If no municipal, township, or county building department	83733
certified for nonresidential buildings pursuant to division (E) of	83734
section 3781.10 of the Revised Code has jurisdiction, the owner	83735
shall make the submissions described in division (A)(1) of this	83736
section to the superintendent of ~~the division of industrial~~	83737
~~compliance~~labor.	83738

(b) If no certified municipal, township, or county building	83739
department certified for residential buildings pursuant to	83740
division (E) of section 3781.10 of the Revised Code has	83741
jurisdiction, the owner is not required to make the submissions	83742
described in division (A)(1) of this section.	83743

(2)(a) The seal of an architect registered under Chapter	83744
4703. of the Revised Code or an engineer registered under Chapter	83745
4733. of the Revised Code is required for any plans, drawings,	83746
specifications, or data submitted for approval, unless the plans,	83747
drawings, specifications, or data are permitted to be prepared by	83748
persons other than registered architects pursuant to division (C)	83749
or (D) of section 4703.18 of the Revised Code, or by persons other	83750
than registered engineers pursuant to division (C) or (D) of	83751
section 4733.18 of the Revised Code.	83752

(b) No seal is required for any plans, drawings,	83753
specifications, or data submitted for approval for any residential	83754
buildings, as defined in section 3781.06 of the Revised Code, or	83755
erected as industrialized one-, two-, or three-family units or	83756
structures within the meaning of "industrialized unit" as defined	83757
in section 3781.06 of the Revised Code.	83758

(c) No seal is required for approval of the installation of	83759
replacement equipment or systems that are similar in type or	83760
capacity to the equipment or systems being replaced. No seal is	83761
required for approval for any new construction, improvement,	83762
alteration, repair, painting, decorating, or other modification of	83763
any buildings or structures subject to sections 3781.06 to 3781.18	83764
and 3791.04 of the Revised Code if the proposed work does not	83765
involve technical design analysis, as defined by rule adopted by	83766
the board of building standards.	83767

(B) No owner shall proceed with the construction, erection,	83768
alteration, or equipment of any building until the plans or	83769
drawings, specifications, and data have been approved as this	83770
section requires, or the industrialized unit inspected at the	83771
point of origin. No plans or specifications shall be approved or	83772
inspection approval given unless the building represented would,	83773
if constructed, repaired, erected, or equipped, comply with	83774
Chapters 3781. and 3791. of the Revised Code and any rule made	83775
under those chapters.	83776

(C) The approval of plans or drawings and specifications or	83777
data pursuant to this section is invalid if construction,	83778
erection, alteration, or other work upon the building has not	83779
commenced within twelve months of the approval of the plans or	83780
drawings and specifications. One extension shall be granted for an	83781
additional twelve-month period if the owner requests at least ten	83782
days in advance of the expiration of the permit and upon payment	83783
of a fee not to exceed one hundred dollars. If in the course of	83784
construction, work is delayed or suspended for more than six	83785
months, the approval of plans or drawings and specifications or	83786
data is invalid. Two extensions shall be granted for six months	83787
each if the owner requests at least ten days in advance of the	83788
expiration of the permit and upon payment of a fee for each	83789
extension of not more than one hundred dollars. Before any work	83790
may continue on the construction, erection, alteration, or	83791
equipment of any building for which the approval is invalid, the	83792
owner of the building shall resubmit the plans or drawings and	83793
specifications for approval pursuant to this section.	83794

(D) Subject to section 3791.042 of the Revised Code, the	83795
board of building standards or the legislative authority of a	83796
municipal corporation, township, or county, by rule, may regulate	83797
the requirements for the submission of plans and specifications to	83798
the respective enforcing departments and for processing by those	83799
departments. The board of building standards or the legislative	83800
authority of a municipal corporation, township, or county may	83801
adopt rules to provide for the approval, subject to section	83802
3791.042 of the Revised Code, by the department having	83803
jurisdiction of the plans for construction of a foundation or any	83804
other part of a building or structure before the complete plans	83805
and specifications for the entire building or structure are	83806
submitted. When any plans are approved by the department having	83807
jurisdiction, the structure and every particular represented by	83808
and disclosed in those plans shall, in the absence of fraud or a	83809
serious safety or sanitation hazard, be conclusively presumed to	83810
comply with Chapters 3781. and 3791. of the Revised Code and any	83811
rule issued pursuant to those chapters, if constructed, altered,	83812
or repaired in accordance with those plans and any rule in effect	83813
at the time of approval.	83814

(E) The approval of plans and specifications, including	83815
inspection of industrialized units, under this section is a	83816
"license" and the failure to approve plans or specifications as	83817
submitted or to inspect the unit at the point of origin within	83818
thirty days after the plans or specifications are filed or the	83819
request to inspect the industrialized unit is made, the	83820
disapproval of plans and specifications, or the refusal to approve	83821
an industrialized unit following inspection at the point of origin	83822
is "an adjudication order denying the issuance of a license"	83823
requiring an "adjudication hearing" as provided by sections 119.07	83824
to 119.13 of the Revised Code and as modified by sections 3781.031	83825
and 3781.19 of the Revised Code. An adjudication order denying the	83826
issuance of a license shall specify the reasons for that denial.	83827

(F) The board of building standards shall not require the	83828
submission of site preparation plans or plot plans to the division	83829
of ~~industrial compliance~~labor when industrialized units are used	83830
exclusively as one-, two-, or three-family dwellings.	83831

(G) Notwithstanding any procedures the board establishes, if	83832
the agency having jurisdiction objects to any portion of the plans	83833
or specifications, the owner or the owner's representative may	83834
request the agency to issue conditional approval to proceed with	83835
construction up to the point of the objection. Approval shall be	83836
issued only when the objection results from conflicting	83837
interpretations of the rules of the board of building standards	83838
rather than the application of specific technical requirements of	83839
the rules. Approval shall not be issued where the correction of	83840
the objection would cause extensive changes in the building design	83841
or construction. The giving of conditional approval is a	83842
"conditional license" to proceed with construction up to the point	83843
where the construction or materials objected to by the agency are	83844
to be incorporated into the building. No construction shall	83845
proceed beyond that point without the prior approval of the agency	83846
or another agency that conducts an adjudication hearing relative	83847
to the objection. The agency having jurisdiction shall specify its	83848
objections to the plans or specifications, which is an	83849
"adjudication order denying the issuance of a license" and may be	83850
appealed pursuant to sections 119.07 to 119.13 of the Revised Code	83851
and as modified by sections 3781.031 and 3781.19 of the Revised	83852
Code.	83853

(H) A certified municipal, township, or county building	83854
department having jurisdiction, or the superintendent ~~of the~~	83855
~~division of industrial compliance~~, as appropriate, shall review	83856
any plans, drawings, specifications, or data described in this	83857
section that are submitted to it or to the superintendent.	83858

(I) No owner or persons having control as an officer, or as a	83859
member of a board or committee, or otherwise, of a building to	83860
which section 3781.06 of the Revised Code is applicable, and no	83861
architect, designer, engineer, builder, contractor, subcontractor,	83862
or any officer or employee of a municipal, township, or county	83863
building department shall violate this section.	83864

(J) Whoever violates this section shall be fined not more	83865
than five hundred dollars.	83866

Sec. 3791.05. No owner, lessee, agent, factor, architect, or	83867
contractor engaged in and having supervision or charge of the	83868
building, erection, or construction of a block, building, or	83869
structure, shall neglect or refuse to place or have placed upon	83870
the joists of each story thereof, as soon as joists are in	83871
position, counter floors of such quality and strength as to render	83872
perfectly safe the going to and from thereon of all mechanics,	83873
laborers, and other persons engaged upon the work of construction	83874
or supervision, or in placing materials for such construction.	83875

Whoever violates this section shall be fined not less than	83876
twenty-five nor more than two hundred dollars.	83877

Each day that such person neglects or refuses to have such	83878
counter floors so placed, after notice is given by a building	83879
inspector, a chief inspector, or deputy inspector of the city	83880
building inspection department in cities where such department is	83881
organized, or by the superintendent of ~~the division of industrial~~	83882
~~compliance~~labor of the state, in cities where such departments	83883
are not organized, or from a person whose life or personal safety	83884
may be endangered by such neglect or refusal, is a separate	83885
offense.	83886

Sec. 3791.07. (A) The board of building standards may	83887
establish such reasonable inspection fee schedules as it	83888
determines necessary or desirable relating to the inspection of	83889
all plans and specifications submitted for approval to the	83890
division of ~~industrial compliance~~labor, and all industrialized	83891
units inspected at the point of origin and at the construction	83892
site of the building. The inspection fee schedule established	83893
shall bear some reasonable relationship to the cost of	83894
administering and enforcing the provisions of Chapters 3781. and	83895
3791. of the Revised Code.	83896

(B) In addition to the fee assessed in division (A) of this	83897
section, the board shall assess a fee of not more than five	83898
dollars for each application for acceptance and approval of plans	83899
and specifications and for making inspections pursuant to section	83900
3791.04 of the Revised Code. The board shall adopt rules, in	83901
accordance with Chapter 119. of the Revised Code, specifying the	83902
manner by which the superintendent of ~~the division of industrial~~	83903
~~compliance~~labor shall collect and remit to the board the fees	83904
assessed under this division and requiring that remittance of the	83905
fees be made at least quarterly.	83906

(C) Any person who fails to pay an inspection fee required	83907
for any inspection conducted by the department of commerce	83908
pursuant to Chapters 3781. and 3791. of the Revised Code, except	83909
for fees charged for the inspection of plans and specifications,	83910
within forty-five days after the inspection is conducted, shall	83911
pay a late payment fee equal to twenty-five per cent of the	83912
inspection fee.	83913

(D) The board shall pay the fees assessed under this section	83914
into the state treasury to the credit of the ~~industrial compliance~~	83915
labor operating fund created in section 121.084 of the Revised	83916
Code.	83917

Sec. 3793.02. (A) The department of alcohol and drug	83918
addiction services shall promote, assist in developing, and	83919
coordinate or conduct programs of education and research for the	83920
prevention of alcohol and drug addiction, the prevention of	83921
gambling addiction, the treatment, including intervention, of	83922
alcoholics and persons who abuse drugs of abuse, including	83923
anabolic steroids, and the treatment, including intervention, of	83924
persons with gambling addictions. Programs established by the	83925
department shall include abstinence-based prevention and treatment	83926
programs.	83927

(B) In addition to the other duties prescribed by this	83928
chapter, the department shall do all of the following:	83929

(1) Promote and coordinate efforts in the provision of	83930
alcohol and drug addiction services and of gambling addiction	83931
services by other state agencies, as defined in section 1.60 of	83932
the Revised Code; courts; hospitals; clinics; physicians in	83933
private practice; public health authorities; boards of alcohol,	83934
drug addiction, and mental health services; alcohol and drug	83935
addiction programs; law enforcement agencies; gambling addiction	83936
programs; and related groups;	83937

(2) Provide for education and training in prevention,	83938
diagnosis, treatment, and control of alcohol and drug addiction	83939
and of gambling addiction for medical students, physicians,	83940
nurses, social workers, professional counselors, psychologists,	83941
and other persons who provide alcohol and drug addiction services	83942
or gambling addiction services;	83943

(3) Provide training and consultation for persons who	83944
supervise alcohol and drug addiction programs and facilities or	83945
gambling addiction programs and facilities;	83946

(4) Develop measures for evaluating the effectiveness of	83947
alcohol and drug addiction services, including services that use	83948
methadone treatment, and of gambling addiction services, and for	83949
increasing the accountability of alcohol and drug addiction	83950
programs and of gambling addiction programs;	83951

(5) Provide to each court of record, and biennially update, a	83952
list of the treatment and education programs within that court's	83953
jurisdiction that the court may require an offender, sentenced	83954
pursuant to section 4511.19 of the Revised Code, to attend;	83955

(6) ~~Print and distribute~~Make the warning sign described in	83956
sections 3313.752, 3345.41, and 3707.50 of the Revised Code	83957
available on the department's internet web site;	83958

(7) Provide a program of gambling addiction services on	83959
behalf of the state lottery commission, pursuant to an agreement	83960
entered into with the director of the commission under division	83961
(K) of section 3770.02 of the Revised Code.	83962

(C) The department may accept and administer grants from	83963
public or private sources for carrying out any of the duties	83964
enumerated in this section.	83965

(D) Pursuant to Chapter 119. of the Revised Code, the	83966
department shall adopt a rule defining the term "intervention" as	83967
it is used in this chapter in connection with alcohol and drug	83968
addiction services and in connection with gambling addiction	83969
services. The department may adopt other rules as necessary to	83970
implement the requirements of this chapter.	83971

Sec. 3793.04. The department of alcohol and drug addiction	83972
services shall develop, administer, and revise as necessary a	83973
comprehensive statewide alcohol and drug addiction services plan	83974
for the implementation of this chapter. The plan shall emphasize	83975
abstinence from the use of alcohol and drugs of abuse as the	83976
primary goal of alcohol and drug addiction services. The council	83977
on alcohol and drug addiction services shall advise the department	83978
in the development and implementation of the plan.	83979

The plan shall provide for the allocation of state and	83980
federal funds for service furnished by alcohol and drug addiction	83981
programs under contract with boards of alcohol, drug addiction,	83982
and mental health services and for distribution of the funds to	83983
such boards. The plan shall specify the methodology that the	83984
department will use for determining how funds will be allocated	83985
and distributed. A portion of the funds shall be allocated on the	83986
basis of the ratio of the population of each alcohol, drug	83987
addiction, and mental health service district to the total	83988
population of the state as determined from the most recent federal	83989
census or the most recent official estimate made by the United	83990
States census bureau.	83991

The plan shall ensure that alcohol and drug addiction	83992
services of a high quality are accessible to, and responsive to	83993
the needs of, all persons, especially those who are members of	83994
underserved groups, including, but not limited to, African	83995
Americans, Hispanics, native Americans, Asians, juvenile and adult	83996
offenders, women, and persons with special services needs due to	83997
age or disability. The plan shall include a program to promote and	83998
protect the rights of those who receive services.	83999

To aid in formulating the plan and in evaluating the	84000
effectiveness and results of alcohol and drug addiction services,	84001
the department, in consultation with the department of mental	84002
health, shall establish and maintain an information system or	84003
systems. The department of alcohol and drug addiction services	84004
shall specify the information that must be provided by boards of	84005
alcohol, drug addiction, and mental health services and by alcohol	84006
and drug addiction programs for inclusion in the system. The	84007
department shall not collect any personal information ~~for the~~	84008
~~purpose of identifying by name any person who receives a service~~	84009
~~through a board,~~from the boards except as required or permitted	84010
by ~~the~~ state or federal law ~~to validate appropriate reimbursement~~	84011
for purposes related to payment, health care operations, program	84012
and service evaluation, reporting activities, research, system	84013
administration, and oversight.	84014

In consultation with boards, programs, and persons receiving	84015
services, the department shall establish guidelines for the use of	84016
state and federal funds and for the boards' development of plans	84017
for services required by sections 340.033 and 3793.05 of the	84018
Revised Code.	84019

In any fiscal year, the department shall spend, or allocate	84020
to boards, for methadone maintenance programs or any similar	84021
programs not more than eight per cent of the total amount	84022
appropriated to the department for the fiscal year.	84023

Sec. 3793.21. (A) As used in this section, "administrative	84024
function" means a function related to one or more of the	84025
following:	84026

(1) Continuous quality improvement;

84027

(2) Utilization review;

84028

(3) Resource development;

84029

(4) Fiscal administration;

84030

(5) General administration;

84031

(6) Any other function related to administration that is	84032
required by Chapter 340. of the Revised Code.	84033

(B) Each board of alcohol, drug addiction, and mental health	84034
services shall submit an annual report to the department of	84035
alcohol and drug addiction services specifying how the board used	84036
state and federal funds allocated to the board, according to the	84037
methodology the department specifies under section 3793.04 of the	84038
Revised Code, for administrative functions in the year preceding	84039
the report's submission. The director of alcohol and drug	84040
addiction shall establish the date by which the report must be	84041
submitted each year.	84042

Sec. 3901.381. (A) Except as provided in sections 3901.382,	84043
3901.383, 3901.384, and 3901.386 of the Revised Code, a	84044
third-party payer shall process a claim for payment for health	84045
care services rendered by a provider to a beneficiary in	84046
accordance with this section.	84047

(B)(1) Unless division (B)(2) or (3) of this section applies,	84048
when a third-party payer receives from a provider or beneficiary a	84049
claim on the standard claim form prescribed in rules adopted by	84050
the superintendent of insurance under section 3902.22 of the	84051
Revised Code, the third-party payer shall pay or deny the claim	84052
not later than thirty days after receipt of the claim. When a	84053
third-party payer denies a claim, the third-party payer shall	84054
notify the provider and the beneficiary. The notice shall state,	84055
with specificity, why the third-party payer denied the claim.	84056

(2)(a) Unless division (B)(3) of this section applies, when a	84057
provider or beneficiary has used the standard claim form, but the	84058
third-party payer determines that reasonable supporting	84059
documentation is needed to establish the third-party payer's	84060
responsibility to make payment, the third-party payer shall pay or	84061
deny the claim not later than forty-five days after receipt of the	84062
claim. Supporting documentation includes the verification of	84063
employer and beneficiary coverage under a benefits contract,	84064
confirmation of premium payment, medical information regarding the	84065
beneficiary and the services provided, information on the	84066
responsibility of another third-party payer to make payment or	84067
confirmation of the amount of payment by another third-party	84068
payer, and information that is needed to correct material	84069
deficiencies in the claim related to a diagnosis or treatment or	84070
the provider's identification.	84071

Not later than thirty days after receipt of the claim, the	84072
third-party payer shall notify all relevant external sources that	84073
the supporting documentation is needed. All such notices shall	84074
state, with specificity, the supporting documentation needed. If	84075
the notice was not provided in writing, the provider, beneficiary,	84076
or third-party payer may request the third-party payer to provide	84077
the notice in writing, and the third-party payer shall then	84078
provide the notice in writing. If any of the supporting	84079
documentation is under the control of the beneficiary, the	84080
beneficiary shall provide the supporting documentation to the	84081
third-party payer.	84082

The number of days that elapse between the third-party	84083
payer's last request for supporting documentation within the	84084
thirty-day period and the third-party payer's receipt of all of	84085
the supporting documentation that was requested shall not be	84086
counted for purposes of determining the third-party payer's	84087
compliance with the time period of not more than forty-five days	84088
for payment or denial of a claim. Except as provided in division	84089
(B)(2)(b) of this section, if the third-party payer requests	84090
additional supporting documentation after receiving the initially	84091
requested documentation, the number of days that elapse between	84092
making the request and receiving the additional supporting	84093
documentation shall be counted for purposes of determining the	84094
third-party payer's compliance with the time period of not more	84095
than forty-five days.	84096

(b) If a third-party payer determines, after receiving	84097
initially requested documentation, that it needs additional	84098
supporting documentation pertaining to a beneficiary's preexisting	84099
condition, which condition was unknown to the third-party payer	84100
and about which it was reasonable for the third-party payer to	84101
have no knowledge at the time of its initial request for	84102
documentation, and the third-party payer subsequently requests	84103
this additional supporting documentation, the number of days that	84104
elapse between making the request and receiving the additional	84105
supporting documentation shall not be counted for purposes of	84106
determining the third-party payer's compliance with the time	84107
period of not more than forty-five days.	84108

(c) When a third-party payer denies a claim, the third-party	84109
payer shall notify the provider and the beneficiary. The notice	84110
shall state, with specificity, why the third-party payer denied	84111
the claim.	84112

(d) If a third-party payer determines that supporting	84113
documentation related to medical information is routinely	84114
necessary to process a claim for payment of a particular health	84115
care service, the third-party payer shall establish a description	84116
of the supporting documentation that is routinely necessary and	84117
make the description available to providers in a readily	84118
accessible format.	84119

Third-party payers and providers shall, in connection with a	84120
claim, use the most current CPT code in effect, as published by	84121
the American medical association, the most current ICD-9 code in	84122
effect, as published by the United States department of health and	84123
human services, the most current CDT code in effect, as published	84124
by the American dental association, or the most current HCPCS code	84125
in effect, as published by the United States health care financing	84126
administration.	84127

(3) When a provider or beneficiary submits a claim by using	84128
the standard claim form prescribed in the superintendent's rules,	84129
but the information provided in the claim is materially deficient,	84130
the third-party payer shall notify the provider or beneficiary not	84131
later than fifteen days after receipt of the claim. The notice	84132
shall state, with specificity, the information needed to correct	84133
all material deficiencies. Once the material deficiencies are	84134
corrected, the third-party payer shall proceed in accordance with	84135
division (B)(1) or (2) of this section.	84136

It is not a violation of the notification time period of not	84137
more than fifteen days if a third-party payer fails to notify a	84138
provider or beneficiary of material deficiencies in the claim	84139
related to a diagnosis or treatment or the provider's	84140
identification. A third-party payer may request the information	84141
necessary to correct these deficiencies after the end of the	84142
notification time period. Requests for such information shall be	84143
made as requests for supporting documentation under division	84144
(B)(2) of this section, and payment or denial of the claim is	84145
subject to the time periods specified in that division.	84146

(C) For purposes of this section, if a dispute exists between	84147
a provider and a third-party payer as to the day a claim form was	84148
received by the third-party payer, both of the following apply:	84149

(1) If the provider or a person acting on behalf of the	84150
provider submits a claim directly to a third-party payer by mail	84151
and retains a record of the day the claim was mailed, there exists	84152
a rebuttable presumption that the claim was received by the	84153
third-party payer on the fifth business day after the day the	84154
claim was mailed, unless it can be proven otherwise.	84155

(2) If the provider or a person acting on behalf of the	84156
provider submits a claim directly to a third-party payer	84157
electronically, there exists a rebuttable presumption that the	84158
claim was received by the third-party payer twenty-four hours	84159
after the claim was submitted, unless it can be proven otherwise.	84160

(D) Nothing in this section requires a third-party payer to	84161
provide more than one notice to an employer whose premium for	84162
coverage of employees under a benefits contract has not been	84163
received by the third-party payer.	84164

(E) Compliance with the provisions of division (B)(3) of this	84165
section shall be determined separately from compliance with the	84166
provisions of divisions (B)(1) and (2) of this section.	84167

(F) A third party payer shall transmit electronically any	84168
payment with respect to claims that the third party payer receives	84169
electronically and pays to a contracted provider under this	84170
section and under sections 3901.383, 3901.384, and 3901.386 of	84171
the Revised Code. A provider shall not refuse to accept a payment	84172
made under this section or sections 3901.383, 3901.384, and	84173
3901.386 of the Revised Code on the basis that the payment was	84174
transmitted electronically.	84175

Sec. 3901.3812. (A) If, after completion of an examination	84176
involving information collected from a six-month period, the	84177
superintendent finds that a third-party payer has committed a	84178
series of violations that, taken together, constitutes a	84179
consistent pattern or practice of violating division (A) of	84180
section 3901.3811 of the Revised Code, the superintendent may	84181
impose on the third-party payer any of the administrative remedies	84182
specified in division (B) of this section. In making a finding	84183
under this division, the superintendent shall apply the error	84184
tolerance standards for claims processing contained in the market	84185
conduct examiners handbook issued by the national association of	84186
insurance commissioners in effect at the time the claims were	84187
processed.	84188

Before imposing an administrative remedy, the superintendent	84189
shall provide written notice to the third-party payer informing	84190
the third-party payer of the reasons for the superintendent's	84191
finding, the administrative remedy the superintendent proposes to	84192
impose, and the opportunity to submit a written request for an	84193
administrative hearing regarding the finding and proposed remedy.	84194
If the third-party payer requests a hearing, the superintendent	84195
shall conduct the hearing in accordance with Chapter 119. of the	84196
Revised Code not later than fifteen days after receipt of the	84197
request.	84198

(B)(1) In imposing administrative remedies under division (A)	84199
of this section for violations of section 3901.381 of the Revised	84200
Code, the superintendent may do any of the following:	84201

(a) Levy a monetary penalty in an amount determined in	84202
accordance with division (B)(3) of this section;	84203

(b) Order the payment of interest directly to the provider in	84204
accordance with section 3901.389 of the Revised Code;	84205

(c) Order the third-party payer to cease and desist from	84206
engaging in the violations;	84207

(d) If a monetary penalty is not levied under division	84208
(B)(1)(a) of this section, impose any of the administrative	84209
remedies provided for in section 3901.22 of the Revised Code,	84210
other than those specified in divisions (D)(4) and (5) and (G) of	84211
that section.	84212

(2) In imposing administrative remedies under division (A)	84213
of this section for violations of sections 3901.384 to 3901.3810	84214
of the Revised Code, the superintendent may do any of the	84215
following:	84216

(a) Levy a monetary penalty in an amount determined in	84217
accordance with division (B)(3) of this section;	84218

(b) Order the payment of interest directly to the provider in	84219
accordance with section 3901.38 of the Revised Code;	84220

(c) Order the third-party payer to cease and desist from	84221
engaging in the violations;	84222

(d) If a monetary penalty is not levied under division	84223
(B)(2)(a) of this section, impose any of the administrative	84224
remedies provided for in section 3901.22 of the Revised Code,	84225
other than those specified in divisions (D)(4) and (5) and (G) of	84226
that section. For violations of sections 3901.384 to 3901.3810 of	84227
the Revised Code that did not comply with section 3901.381 of the	84228
Revised Code, the superintendent may also use section 3901.22 of	84229
the Revised Code except divisions (D)(4) and (5) of that section.	84230

(3) A finding by the superintendent that a third-party payer	84231
has committed a series of violations that, taken together,	84232
constitutes a consistent pattern or practice of violating division	84233
(A) of section 3901.3811 of the Revised Code, shall constitute a	84234
single offense for purposes of levying a fine under division	84235
(B)(1)(a) and (B)(2)(a) of this section. For a first offense, the	84236
superintendent may levy a fine of not more than one hundred	84237
thousand dollars. For a second offense that occurs on or earlier	84238
than four years from the first offense, the superintendent may	84239
levy a fine of not more than one hundred fifty thousand dollars.	84240
For a third or additional offense that occurs on or earlier than	84241
seven years after a first offense, the superintendent may levy a	84242
fine of not more than three hundred thousand dollars. In	84243
determining the amount of a fine to be levied within the specified	84244
limits, the superintendent shall consider the following factors:	84245

(a) The extent and frequency of the violations;

84246

(b) Whether the violations were due to circumstances beyond	84247
the third-party payer's control;	84248

(c) Any remedial actions taken by the third-party payer to	84249
prevent future violations;	84250

(d) The actual or potential harm to others resulting from the	84251
violations;	84252

(e) If the third-party payer knowingly and willingly	84253
committed the violations;	84254

(f) The third-party payer's financial condition;

84255

(g) Any other factors the superintendent considers	84256
appropriate.	84257

(C) The remedies imposed by the superintendent under this	84258
section are in addition to, and not in lieu of, such other	84259
remedies as providers and beneficiaries may otherwise have by law.	84260

(D) Any fine collected under this section shall be paid into	84261
the state treasury as follows:	84262

(1) Twenty-five per cent of the total to the credit of the	84263
department of insurance operating fund created by section 3901.021	84264
of the Revised Code;	84265

(2) Sixty-five per cent of the total to the credit of the	84266
general revenue fund;	84267

(3) Ten per cent of the total to the credit of claims	84268
processing education ~~fund~~account, which is hereby created within	84269
the department of insurance operating fund created by section	84270
3901.021 of the Revised Code.	84271

All money credited to the claims processing education ~~fund~~	84272
account shall be used by the department of insurance to make	84273
technical assistance available to third-party payers, providers,	84274
and beneficiaries for effective implementation of the provisions	84275
of sections 3901.38 and 3901.381 to 3901.3814 of the Revised Code.	84276

Sec. 3903.77. (A) Every property and casualty insurance	84277
company doing business in this state, except as exempted by the	84278
superintendent of insurance, annually, shall cause to be prepared	84279
by a qualified actuary, appointed by the company, the following	84280
documents:	84281

(1) An actuarial opinion that certifies to the reasonableness	84282
of the insurance company's reserves and that shall be entitled a	84283
"statement of actuarial opinion";	84284

(2) A summary that shall be in support of the statement of	84285
actuarial opinion and that shall be entitled an "actuarial opinion	84286
summary." An insurance company licensed but not domiciled in this	84287
state need not include the actuarial opinion summary in its	84288
submissions to the superintendent but shall make the summary	84289
available to the superintendent upon request.	84290

(B) The insurance company annually shall submit the documents	84291
prepared pursuant to division (A) of this section to the	84292
superintendent in accordance with the national association of	84293
insurance commissioners' property and casualty annual statement	84294
instructions.	84295

(C)(1) Every property and casualty insurance company doing	84296
business in this state shall prepare an actuarial report and	84297
underlying work papers to support the statement of actuarial	84298
opinion and the actuarial opinion summary required under division	84299
(A) of this section in accordance with the national association	84300
of insurance commissioners' property and casualty statement	84301
instructions. The insurance company shall make the actuarial	84302
report and underlying work papers available to the superintendent	84303
upon request.	84304

(2) If an insurance company fails to provide the actuarial	84305
report or work papers at the request of the superintendent	84306
pursuant to division (C)(1) of this section or the superintendent	84307
determines that the actuarial report or work papers provided are	84308
unacceptable, the superintendent may contract with a qualified	84309
actuary at the expense of the insurance company to review the	84310
statement of actuarial opinion provided by the insurance company	84311
pursuant to division (A) of this section and the basis for that	84312
opinion and to prepare an actuarial report and work papers.	84313

(D) Except in cases of fraud or willful misconduct on the	84314
part of the actuary, no actuary appointed by an insurance company	84315
to prepare the statement of actuarial opinion and actuarial	84316
opinion summary required under division (A) of this section is	84317
liable for damages to any person except the insurance company and	84318
the superintendent for any act, error, omission, decision, or	84319
conduct with respect to the actuary's opinion.	84320

(E) The statement of actuarial opinion required under	84321
division (A) of this section is a public document and a public	84322
record as defined in section 149.43 of the Revised Code. However,	84323
the actuarial opinion summary, actuarial report, work papers, and	84324
any documents, materials or other information provided in support	84325
of the statement of actuarial opinion are privileged and	84326
confidential, are not a public record, and are not subject to	84327
subpoena or to discovery, and are not admissible in evidence in	84328
any private civil action.	84329

Neither the superintendent nor any person who receives	84330
documents, materials, or other information required to be kept	84331
confidential under this division while acting under the authority	84332
of the superintendent shall testify in any private civil action	84333
concerning any documents, materials, or other information required	84334
to be kept confidential under this division.	84335

This section shall not be construed to limit the	84336
superintendent's authority to release documents to the actuarial	84337
board for counseling and discipline so long as the documents are	84338
necessary for the purpose of professional disciplinary proceedings	84339
and the actuarial board for counseling and discipline establishes	84340
procedures satisfactory to the superintendent for preserving the	84341
confidentiality of the documents. Neither shall this section be	84342
construed to limit the superintendent's authority to use	84343
documents, materials, nor other information in furtherance of any	84344
regulatory or legal action brought as part of the superintendent's	84345
official duties.	84346

(F) In order to assist in the performance of the	84347
superintendent's duties, the superintendent may do all of the	84348
following:	84349

(1) Share documents, materials, or other information,	84350
including any documents, materials, or other information required	84351
to be kept confidential under division (E) of this section, with	84352
other state, federal, and international regulatory and law	84353
enforcement agencies and with the national association of	84354
insurance commissioners including its affiliates and subsidiaries	84355
if the recipient agrees to maintain the confidentiality and	84356
privileged status of the document, material, or other information	84357
and has the legal authority to maintain confidentiality;	84358

(2) Receive documents, materials, or other information,	84359
including otherwise confidential and privileged documents,	84360
materials, and information from other state, federal, and	84361
international regulatory and law enforcement agencies and from the	84362
national association of insurance commissioners including its	84363
affiliates and subsidiaries. The superintendent shall maintain the	84364
confidentiality and privileged status of any document, material,	84365
or other information received with notice of confidential and	84366
privileged status under the laws of the jurisdiction that is the	84367
source of the document, material, or information.	84368

(3) Enter into agreements consistent with divisions (E) and	84369
(F) of this section for the sharing and use of information.	84370

(G) No waiver of any privilege or claim of confidentiality of	84371
documents, materials, or other information shall occur as a result	84372
of any disclosure to the superintendent under this section or as a	84373
result of any sharing of documents, materials, or other	84374
information authorized by the superintendent under division (G) of	84375
this section.	84376

(H) As used in this section, "qualified actuary" means a	84377
person who is a member in good standing of the American academy of	84378
actuaries and who meets the requirements identified in the	84379
national association of insurance commissioners' property and	84380
casualty statement instructions.	84381

Sec. 3923.021. (A) As used in this section~~, "benefits~~:

84382

(1) "Benefits provided are not unreasonable in relation to	84383
the premium charged" means the rates were calculated in accordance	84384
with sound actuarial principles.	84385

(2) "Individual policy of sickness and accident insurance"	84386
includes sickness and accident insurance made available by	84387
insurers in the individual market to individuals, with or without	84388
family members or dependents, through group policies issued to one	84389
or more associations or entities.	84390

(B) With respect to any filing, made pursuant to section	84391
3923.02 of the Revised Code, of any premium rates for any	84392
individual policy of sickness and accident insurance or	84393
certificates made available by an insurer to individuals in the	84394
individual market through a group policy or for any indorsement or	84395
rider pertaining thereto, the superintendent of insurance may,	84396
within thirty days after filing:	84397

(1) Disapprove such filing after finding that the benefits	84398
provided are unreasonable in relation to the premium charged.	84399
Such disapproval shall be effected by written order of the	84400
superintendent, a copy of which shall be mailed to the insurer	84401
that has made the filing. In the order, the superintendent shall	84402
specify the reasons for the disapproval and state that a hearing	84403
will be held within fifteen days after requested in writing by the	84404
insurer. If a hearing is so requested, the superintendent shall	84405
also give such public notice as the superintendent considers	84406
appropriate. The superintendent, within fifteen days after the	84407
commencement of any hearing, shall issue a written order, a copy	84408
of which shall be mailed to the insurer that has made the filing,	84409
either affirming the prior disapproval or approving such filing	84410
after finding that the benefits provided are not unreasonable in	84411
relation to the premium charged.	84412

(2) Set a date for a public hearing to commence no later than	84413
forty days after the filing. The superintendent shall give the	84414
insurer making the filing twenty days' written notice of the	84415
hearing and shall give such public notice as the superintendent	84416
considers appropriate. The superintendent, within twenty days	84417
after the commencement of a hearing, shall issue a written order,	84418
a copy of which shall be mailed to the insurer that has made the	84419
filing, either approving such filing if the superintendent finds	84420
that the benefits provided are not unreasonable in relation to the	84421
premium charged, or disapproving such filing if the superintendent	84422
finds that the benefits provided are unreasonable in relation to	84423
the premium charged. This division does not apply to any insurer	84424
organized or transacting the business of insurance under Chapter	84425
3907. or 3909. of the Revised Code.	84426

(3) Take no action, in which case such filing shall be deemed	84427
to be approved and shall become effective upon the thirty-first	84428
day after such filing, unless the superintendent has previously	84429
given to the insurer a written approval.	84430

(C) At any time after any filing has been approved pursuant	84431
to this section, the superintendent may, after a hearing of which	84432
at least twenty days' written notice has been given to the insurer	84433
that has made such filing and for which such public notice as the	84434
superintendent considers appropriate has been given, withdraw	84435
approval of such filing after finding that the benefits provided	84436
are unreasonable in relation to the premium charged. Such	84437
withdrawal of approval shall be effected by written order of the	84438
superintendent, a copy of which shall be mailed to the insurer	84439
that has made the filing, which shall state the ground for such	84440
withdrawal and the date, not less than forty days after the date	84441
of such order, when the withdrawal or approval shall become	84442
effective.	84443

(D) The superintendent may retain at the insurer's expense	84444
such attorneys, actuaries, accountants, and other experts not	84445
otherwise a part of the superintendent's staff as shall be	84446
reasonably necessary to assist in the preparation for and conduct	84447
of any public hearing under this section. The expense for	84448
retaining such experts and the expenses of the department of	84449
insurance incurred in connection with such public hearing shall be	84450
assessed against the insurer in an amount not to exceed one	84451
one-hundredth of one per cent of the sum of premiums earned plus	84452
net realized investment gain or loss of such insurer as reflected	84453
in the most current annual statement on file with the	84454
superintendent. Any person retained shall be under the direction	84455
and control of the superintendent and shall act in a purely	84456
advisory capacity.	84457

Sec. 3923.022. (A) As used in this section:

84458

(1)(a) "Administrative expense" means the amount resulting	84459
from the following: the amount of premiums ~~received~~earned by the	84460
insurer for sickness and accident insurance business plus the	84461
amount of losses recovered from reinsurance coverage minus the sum	84462
of the amount of claims for losses paid; the amount of losses	84463
incurred but not reported; the amount ~~paid~~incurred for state	84464
fees, federal and state taxes, and reinsurance; and the incurred	84465
costs and expenses related, either directly or indirectly, to the	84466
payment of commissions, measures to control fraud, and managed	84467
care.	84468

(b) "Administrative expense" does not include any amounts	84469
collected, or administrative expenses incurred, by an insurer for	84470
the administration of an employee health benefit plan subject to	84471
regulation by the federal "Employee Retirement Income Security Act	84472
of 1974," 88 Stat. 832, 29 U.S.C.A. 1001, as amended. "Amounts	84473
collected or administrative expenses incurred" means the total	84474
amount paid to an administrator for the administration and payment	84475
of claims minus the sum of the amount of claims for losses paid	84476
and the amount of losses incurred but not reported.	84477

(2) "Insurer" means any insurance company authorized under	84478
Title XXXIX of the Revised Code to do the business of sickness and	84479
accident insurance in this state.	84480

(3) "Sickness and accident insurance business" does not	84481
include coverage provided by an insurer for specific diseases or	84482
accidents only; any hospital indemnity, medicare supplement,	84483
long-term care, disability income, one-time-limited-duration	84484
policy of no longer than six months, or other policy that offers	84485
only supplemental benefits; or coverage provided to individuals	84486
who are not residents of this state.	84487

(4) "Individual business" includes both individual sickness	84488
and accident insurance and sickness and accident insurance made	84489
available by insurers in the individual market to individuals,	84490
with or without family members or dependents, through group	84491
policies issued to one or more associations or entities.	84492

(B) Notwithstanding section 3941.14 of the Revised Code, ~~the~~	84493
~~following apply to every insurer:~~	84494

~~(1) For calendar year 1993, each insurer shall have aggregate~~	84495
~~administrative expenses of no more than forty per cent of the~~	84496
~~premium income of the insurer, based on the premiums received in~~	84497
~~that year on the sickness and accident insurance business of the~~	84498
~~insurer.~~	84499

~~(2) For calendar year 1994, each insurer shall have aggregate~~	84500
~~administrative expenses of no more than thirty per cent of the~~	84501
~~premium income of the insurer, based on the premiums received in~~	84502
~~that year on the sickness and accident insurance business of the~~	84503
~~insurer.~~	84504

~~(3) For calendar year 1995, each insurer shall have aggregate~~	84505
~~administrative expenses of no more than twenty-five per cent of~~	84506
~~the premium income of the insurer, based on the premiums received~~	84507
~~in that year on the sickness and accident insurance business of~~	84508
~~the insurer.~~	84509

~~(4) For calendar year 1996 and every calendar year~~	84510
~~thereafter,~~ each insurer shall have aggregate administrative	84511
expenses of no more than twenty per cent of the premium income of	84512
the insurer, based on the premiums ~~received~~earned in that year on	84513
the sickness and accident insurance business of the insurer.	84514

(C)(1) Each insurer, on the first day of January or within	84515
sixty days thereafter, shall annually prepare, under oath, and	84516
deposit in the office of the superintendent of insurance a	84517
statement of the aggregate administrative expenses of the insurer,	84518
based on the premiums ~~received~~earned in the immediately preceding	84519
calendar year on the sickness and accident insurance business of	84520
the insurer. The statement shall itemize and separately detail all	84521
of the following information with respect to the insurer's	84522
sickness and accident insurance business:	84523

(a) The amount of premiums earned by the insurer both before	84524
and after any costs related to the insurer's purchase of	84525
reinsurance coverage;	84526

(b) The total amount of claims for losses paid by the insurer	84527
both before and after any reimbursement from reinsurance coverage;	84528

(c) The amount of any losses incurred by the insurer but not	84529
reported by the insurer in the current or prior year;	84530

(d) The amount of costs incurred by the insurer for state	84531
fees and federal and state taxes;	84532

(e) The amount of costs incurred by the insurer for	84533
reinsurance coverage;	84534

(f) The amount of costs incurred by the insurer that are	84535
related to the insurer's payment of commissions;	84536

(g) The amount of costs incurred by the insurer that are	84537
related to the insurer's fraud prevention measures;	84538

(h) The amount of costs incurred by the insurer that are	84539
related to managed care; and	84540

(i) Any other administrative expenses incurred by the	84541
insurer.	84542

(2) The statement also shall include all of the information	84543
required under division (C)(1) of this section separately detailed	84544
for the insurer's individual business, small group business, and	84545
large group business.	84546

(D) No insurer shall fail to comply with ~~division (B) of~~ this	84547
section.	84548

(E) If the superintendent determines that an insurer has	84549
violated ~~division (D) of~~ this section, the superintendent,	84550
pursuant to an adjudication conducted in accordance with Chapter	84551
119. of the Revised Code, may order the suspension of the	84552
insurer's license to do the business of sickness and accident	84553
insurance in this state until the superintendent is satisfied that	84554
the insurer is in compliance with ~~division (B) of~~ this section. If	84555
the insurer continues to do the business of sickness and accident	84556
insurance in this state while under the suspension order, the	84557
superintendent shall order the insurer to pay one thousand dollars	84558
for each day of the violation.	84559

(F) Any money collected by the superintendent under division	84560
(E) of this section shall be deposited by ~~him~~the superintendent	84561
into the state treasury to the credit of the department of	84562
insurance operating fund.	84563

(G) The statement of aggregate expenses filed pursuant to	84564
this section separately detailing an insurer's individual, small	84565
group, and large group business shall be considered work papers	84566
resulting from the conduct of a market analysis of an entity	84567
subject to examination by the superintendent under division (C)	84568
of section 3901.48 of the Revised Code, except that the	84569
superintendent may share aggregated market information that	84570
identifies the premiums earned as reported under division	84571
(C)(1)(a) of this section, the administrative expenses reported	84572
under division (C)(1)(i) of this section, the amount of	84573
commissions reported under division (C)(1)(f) of this section, the	84574
amount of taxes paid as reported under division (C)(1)(d) of this	84575
section, the total of the remaining benefit costs as reported	84576
under divisions (C)(1)(b) and (c) of this section, and the amount	84577
of fraud and managed care expenses reported under divisions	84578
(C)(1)(g) and (h) of this section.	84579

Sec. 3923.11. (A) Sickness and accident insurance on a	84580
franchise plan is that form of sickness and accident insurance	84581
issued to either of the following:	84582

~~(A)~~(1) Five or more or, with respect to long-term care or	84583
disability income insurance, two or more employees of any	84584
corporation, copartnership, or individual employer, or of any	84585
governmental corporation or agency or a department thereof;	84586

~~(B)~~(2) Ten or more or, with respect to long-term care or	84587
disability income insurance, two or more members of any trade or	84588
professional association, or labor union, or any other association	84589
having had an active existence for at least two years where such	84590
association or union has a constitution or bylaws and is formed in	84591
good faith for purposes other than that of obtaining insurance. In	84592

(B) In order that such sickness and accident insurance be	84593
considered as issued on a franchise plan, such employees or such	84594
members, with or without one or more of their dependents and	84595
members of their immediate families, must be issued the same form	84596
of an individual policy, varying only as to amounts and kinds of	84597
coverage applied for by such employees or such members, under an	84598
arrangement by which the premiums on such policies may be paid to	84599
the insurer periodically by the employer, with or without payroll	84600
deductions, or by the association for its members, or by some	84601
designated person acting on behalf of such employer or	84602
association.	84603

Sec. 3923.122. (A) Every policy of group sickness and	84604
accident insurance providing hospital, surgical, or medical	84605
expense coverage for other than specific diseases or accidents	84606
only, and delivered, issued for delivery, or renewed in this	84607
state on or after January 1, 1976, shall include a provision	84608
giving each insured the option to convert to the following:	84609

(1) In the case of an individual who is not a federally	84610
eligible individual, any of the individual policies of hospital,	84611
surgical, or medical expense insurance then being issued by the	84612
insurer with benefit limits not to exceed those in effect under	84613
the group policy;	84614

(2) In the case of a federally eligible individual, a basic	84615
or standard plan established ~~by the board of directors of the Ohio~~	84616
~~health reinsurance program~~in accordance with section 3924.10 of	84617
the Revised Code or plans substantially similar to the basic and	84618
standard plan in benefit design and scope of covered services. For	84619
purposes of division (A)(2) of this section, the superintendent of	84620
insurance shall determine whether a plan is substantially similar	84621
to the basic or standard plan in benefit design and scope of	84622
covered services.	84623

(B) An option for conversion to an individual policy shall be	84624
available without evidence of insurability to every insured,	84625
including any person eligible under division (D) of this section,	84626
who terminates employment or membership in the group holding the	84627
policy after having been continuously insured thereunder for at	84628
least one year.	84629

Upon receipt of the insured's written application and upon	84630
payment of at least the first quarterly premium not later than	84631
thirty-one days after the termination of coverage under the group	84632
policy, the insurer shall issue a converted policy on a form then	84633
available for conversion. The premium shall be in accordance with	84634
the insurer's table of premium rates in effect on the later of the	84635
following dates:	84636

(1) The effective date of the converted policy;

84637

(2) The date of application therefor; and shall be applicable	84638
to the class of risk to which each person covered belongs and to	84639
the form and amount of the policy at the person's then attained	84640
age. However, premiums charged federally eligible individuals may	84641
not exceed ~~an amount that is two times the midpoint of the~~	84642
~~standard~~the amounts specified below:	84643

(a) For calendar years 2010 and 2011, an amount that is two	84644
times the base rate charged any other individual of a group to	84645
which the insurer is currently accepting new business and for	84646
which similar copayments and deductibles are applied;	84647

(b) For calendar year 2012 and every year thereafter, an	84648
amount that is one and one-half times the base rate charged any	84649
other individual of a group to which the insurer is currently	84650
accepting new business and for which similar copayments and	84651
deductibles are applied, unless the superintendent of insurance	84652
determines that the amendments by this act to sections 3923.58	84653
and 3923.581 of the Revised Code, have resulted in the	84654
market-wide average medical loss ratio for coverage sold to	84655
individual insureds and nonemployer group insureds in this state,	84656
including open enrollment insureds, to increase by more than five	84657
and one quarter percentage points during calendar year 2010. If	84658
the superintendent makes that determination, the premium limit	84659
established by division (B)(2)(a) of this section shall remain	84660
in effect.	84661

At the election of the insurer, a separate converted policy	84662
may be issued to cover any dependent of an employee or member of	84663
the group.	84664

Except as provided in division (H) of this section, any	84665
converted policy shall become effective as of the day following	84666
the date of termination of insurance under the group policy.	84667

Any probationary or waiting period set forth in the converted	84668
policy is deemed to commence on the effective date of the	84669
insured's coverage under the group policy.	84670

(C) No insurer shall be required to issue a converted policy	84671
to any person who is, or is eligible to be, covered for benefits	84672
at least comparable to the group policy under:	84673

(1) Title XVIII of the Social Security Act, as amended or	84674
superseded;	84675

(2) Any act of congress or law under this or any other state	84676
of the United States that duplicates coverage offered under	84677
division (C)(1) of this section;	84678

(3) Any policy that duplicates coverage offered under	84679
division (C)(1) of this section;	84680

(4) Any other group sickness and accident insurance providing	84681
hospital, surgical, or medical expense coverage for other than	84682
specific diseases or accidents only.	84683

(D) The option for conversion shall be available:

84684

(1) Upon the death of the employee or member, to the	84685
surviving spouse with respect to such of the spouse and dependents	84686
as are then covered by the group policy;	84687

(2) To a child solely with respect to the child upon	84688
attaining the limiting age of coverage under the group policy	84689
while covered as a dependent thereunder;	84690

(3) Upon the divorce, dissolution, or annulment of the	84691
marriage of the employee or member, to the divorced spouse, or	84692
former spouse in the event of annulment, of such employee or	84693
member, or upon the legal separation of the spouse from such	84694
employee or member, to the spouse.	84695

Persons possessing the option for conversion pursuant to this	84696
division shall be considered members for the purposes of division	84697
(H) of this section.	84698

(E) If coverage is continued under a group policy on an	84699
employee following retirement prior to the time the employee is,	84700
or is eligible to be, covered by Title XVIII of the Social	84701
Security Act, the employee may elect, in lieu of the continuance	84702
of group insurance, to have the same conversion rights as would	84703
apply had the employee's insurance terminated at retirement by	84704
reason of termination of employment.	84705

(F) If the insurer and the group policyholder agree upon one	84706
or more additional plans of benefits to be available for converted	84707
policies, the applicant for the converted policy may elect such a	84708
plan in lieu of a converted policy.	84709

(G) The converted policy may contain provisions for avoiding	84710
duplication of benefits provided pursuant to divisions (C)(1),	84711
(2), (3), and (4) of this section or provided under any other	84712
insured or noninsured plan or program.	84713

(H) If an employee or member becomes entitled to obtain a	84714
converted policy pursuant to this section, and if the employee or	84715
member has not received notice of the conversion privilege at	84716
least fifteen days prior to the expiration of the thirty-one-day	84717
conversion period provided in division (B) of this section, then	84718
the employee or member has an additional period within which to	84719
exercise the privilege. This additional period shall expire	84720
fifteen days after the employee or member receives notice, but in	84721
no event shall the period extend beyond sixty days after the	84722
expiration of the thirty-one-day conversion period.	84723

Written notice presented to the employee or member, or mailed	84724
by the policyholder to the last known address of the employee or	84725
member as indicated on its records, constitutes notice for the	84726
purpose of this division. In the case of a person who is eligible	84727
for a converted policy under division (D)(2) or (D)(3) of this	84728
section, a policyholder shall not be responsible for presenting or	84729
mailing such notice, unless such policyholder has actual knowledge	84730
of the person's eligibility for a converted policy.	84731

If an additional period is allowed by an employee or member	84732
for the exercise of a conversion privilege, and if written	84733
application for the converted policy, accompanied by at least the	84734
first quarterly premium, is made after the expiration of the	84735
thirty-one-day conversion period, but within the additional period	84736
allowed an employee or member in accordance with this division,	84737
the effective date of the converted policy shall be the date of	84738
application.	84739

(I) The converted policy may provide that any hospital,	84740
surgical, or medical expense benefits otherwise payable with	84741
respect to any person may be reduced by the amount of any such	84742
benefits payable under the group policy for the same loss after	84743
termination of coverage.	84744

(J) The converted policy may contain:

84745

(1) Any exclusion, reduction, or limitation contained in the	84746
group policy or customarily used in individual policies issued by	84747
the insurer;	84748

(2) Any provision permitted in this section;

84749

(3) Any other provision not prohibited by law.

84750

Any provision required or permitted in this section may be	84751
made a part of any converted policy by means of an endorsement or	84752
rider.	84753

(K) The time limit specified in a converted policy for	84754
certain defenses with respect to any person who was covered by a	84755
group policy shall commence on the effective date of such person's	84756
coverage under the group policy.	84757

(L) No insurer shall use deterioration of health as the basis	84758
for refusing to renew a converted policy.	84759

(M) No insurer shall use age or health status as the basis	84760
for refusing to renew a converted policy.	84761

(N) A converted policy made available pursuant to this	84762
section shall, if delivery of the policy is to be made in this	84763
state, comply with this section. If delivery of a converted policy	84764
is to be made in another state, it may be on a form offered by the	84765
insurer in the jurisdiction where the delivery is to be made and	84766
which provides benefits substantially in compliance with those	84767
required in a policy delivered in this state.	84768

(O) As used in this section~~, "federally~~:

84769

(1) "Base rate" means, as to any health benefit plan that is	84770
issued by an insurer in the individual market, the lowest premium	84771
rate for new or existing business prescribed by the insurer for	84772
the same or similar coverage under a plan or arrangement covering	84773
any individual of a group with similar case characteristics.	84774

(2) "Federally eligible individual" means an eligible	84775
individual as defined in 45 C.F.R. 148.103.	84776

Sec. 3923.24. ~~Every~~(A) Notwithstanding section 3901.71 of	84777
the Revised Code, every certificate furnished by an insurer in	84778
connection with, or pursuant to any provision of, any group	84779
sickness and accident insurance policy delivered, issued for	84780
delivery, renewed, or used in this state on or after January 1,	84781
1972, ~~and~~ every policy of sickness and accident insurance	84782
delivered, issued for delivery, renewed, or used in this state on	84783
or after January 1, 1972, and every multiple employer welfare	84784
arrangement offering an insurance program, which provides that	84785
coverage of an unmarried dependent child of a parent or legal	84786
guardian will terminate upon attainment of the limiting age for	84787
dependent children specified in the contract shall also provide	84788
in substance ~~that~~both of the following:	84789

(1) Once an unmarried child has attained the limiting age for	84790
dependent children, as provided in the policy, upon the request of	84791
the insured, the insurer shall offer to cover the unmarried child	84792
until the child attains twenty-eight years of age if all of the	84793
following are true:	84794

(a) The child is the natural child, stepchild, or adopted	84795
child of the insured.	84796

(b) The child is a resident of this state or a full-time	84797
student at an accredited public or private institution of higher	84798
education.	84799

(c) The child is not employed by an employer that offers any	84800
health benefit plan under which the child is eligible for	84801
coverage.	84802

(d) After having attained the limiting age, the child has	84803
been continuously covered under any health benefit plan.	84804

(e) The child is not eligible for coverage under the medicaid	84805
program established under Chapter 5111. of the Revised Code or the	84806
medicare program established under Title XVIII of the "Social	84807
Security Act," 42 U.S.C. 1395.	84808

(2) That attainment of ~~such~~the limiting age for dependent	84809
children shall not operate to terminate the coverage of ~~such~~a	84810
dependent child if the child is and continues to be both of the	84811
following:	84812

~~(A)~~(a) Incapable of self-sustaining employment by reason of	84813
mental retardation or physical handicap;	84814

~~(B)~~(b) Primarily dependent upon the policyholder or	84815
certificate holder for support and maintenance.	84816

(B) Proof of such incapacity and dependence for purposes of	84817
division (A)(2) of this section shall be furnished by the	84818
policyholder or by the certificate holder to the insurer within	84819
thirty-one days of the child's attainment of the limiting age.	84820
Upon request, but not more frequently than annually after the	84821
two-year period following the child's attainment of the limiting	84822
age, the insurer may require proof satisfactory to it of the	84823
continuance of such incapacity and dependency.	84824

(C) Nothing in this section shall require an insurer to cover	84825
a dependent child who is mentally retarded or physically	84826
handicapped if the contract is underwritten on evidence of	84827
insurability based on health factors set forth in the application,	84828
or if such dependent child does not satisfy the conditions of the	84829
contract as to any requirement for evidence of insurability or	84830
other provision of the contract, satisfaction of which is required	84831
for coverage thereunder to take effect. In any such case, the	84832
terms of the contract shall apply with regard to the coverage or	84833
exclusion of the dependent from such coverage. Nothing in this	84834
section shall apply to accidental death or dismemberment benefits	84835
provided by any such policy of sickness and accident insurance.	84836

(D) Nothing in this section shall do any of the following:

84837

(1) Require that any policy offer coverage for dependent	84838
children or provide coverage for an unmarried dependent child's	84839
children as dependents on the policy;	84840

(2) Require an employer to pay for any part of the premium	84841
for an unmarried dependent child that has attained the limiting	84842
age for dependents, as provided in the policy;	84843

(3) Require an employer to offer health insurance coverage to	84844
the dependents of any employee.	84845

(E) This section does not apply to any policies or	84846
certificates covering only accident, credit, dental, disability	84847
income, long-term care, hospital indemnity, medicare supplement,	84848
specified disease, or vision care; coverage under a	84849
one-time-limited-duration policy of not longer than six months;	84850
coverage issued as a supplement to liability insurance; insurance	84851
arising out of a workers' compensation or similar law; automobile	84852
medical-payment insurance; or insurance under which benefits are	84853
payable with or without regard to fault and that is statutorily	84854
required to be contained in any liability insurance policy or	84855
equivalent self-insurance.	84856

(F) As used in this section, "health benefit plan" has the	84857
same meaning as in section 3924.01 of the Revised Code and also	84858
includes both of the following:	84859

(1) A public employee benefit plan;

84860

(2) A health benefit plan as regulated under the "Employee	84861
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	84862

Sec. 3923.241. (A) Notwithstanding section 3901.71 of the	84863
Revised Code, any public employee benefit plan that provides that	84864
coverage of an unmarried dependent child will terminate upon	84865
attainment of the limiting age for dependent children specified in	84866
the plan shall also provide in substance both of the following:	84867

(1) Once an unmarried child has attained the limiting age for	84868
dependent children, as provided in the plan, upon the request of	84869
the employee, the public employee benefit plan shall offer to	84870
cover the unmarried child until the child attains twenty-eight	84871
years of age if all of the following are true:	84872

(a) The child is the natural child, stepchild, or adopted	84873
child of the employee.	84874

(b) The child is a resident of this state or a full-time	84875
student at an accredited public or private institution of higher	84876
education.	84877

(c) The child is not employed by an employer that offers any	84878
health benefit plan under which the child is eligible for	84879
coverage.	84880

(d) After having attained the limiting age, the child has	84881
been continuously covered under any health benefit plan.	84882

(e) The child is not eligible for coverage under the medicaid	84883
program established under Chapter 5111. of the Revised Code or the	84884
medicare program established under Title XVIII of the "Social	84885
Security Act," 42 U.S.C. 1395.	84886

(2) That attainment of the limiting age for dependent	84887
children shall not operate to terminate the coverage of a	84888
dependent child if the child is and continues to be both of the	84889
following:	84890

(a) Incapable of self-sustaining employment by reason of	84891
mental retardation or physical handicap;	84892

(b) Primarily dependent upon the plan member for support and	84893
maintenance.	84894

(B) Proof of incapacity and dependence for purposes of	84895
division (A)(2) of this section shall be furnished to the public	84896
employee benefit plan within thirty-one days of the child's	84897
attainment of the limiting age. Upon request, but not more	84898
frequently than annually, the public employee benefit plan may	84899
require proof satisfactory to it of the continuance of such	84900
incapacity and dependency.	84901

84902

(1) Require that any public employee benefit plan offer	84903
coverage for dependent children or provide coverage for an	84904
unmarried dependent child's children as dependents on the public	84905
employee benefit plan;	84906

(2) Require an employer to pay for any part of the premium	84907
for an unmarried dependent child that has attained the limiting	84908
age for dependents, as provided in the plan;	84909

(3) Require an employer to offer health insurance coverage to	84910
the dependents of any employee.	84911

(D) This section does not apply to any public employee	84912
benefit plan covering only accident, credit, dental, disability	84913
income, long-term care, hospital indemnity, medicare supplement,	84914
specified disease, or vision care; coverage under a	84915
one-time-limited-duration policy of not longer than six months;	84916
coverage issued as a supplement to liability insurance; insurance	84917
arising out of a workers' compensation or similar law; automobile	84918
medical-payment insurance; or insurance under which benefits are	84919
payable with or without regard to fault and which is statutorily	84920
required to be contained in any liability insurance policy or	84921
equivalent self-insurance.	84922

(E) As used in this section, "health benefit plan" has the	84923
same meaning as in section 3924.01 of the Revised Code and also	84924
includes both of the following:	84925

(1) A public employee benefit plan;

84926

(2) A health benefit plan as regulated under the "Employee	84927
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	84928

Sec. 3923.58. (A) As used in sections 3923.58 and 3923.59 of	84929
the Revised Code:	84930

(1) ~~"Health~~"Base rate" means, as to any health benefit plan	84931
that is issued by a carrier in the individual market, the lowest	84932
premium rate for new or existing business prescribed by the	84933
carrier for the same or similar coverage under a plan or	84934
arrangement covering any individual with similar case	84935
characteristics.	84936

(2) "Carrier," "health benefit plan," and "MEWA" have the	84937
same meanings as in section 3924.01 of the Revised Code.	84938

~~(2) "Insurer" means any sickness and accident insurance~~	84939
~~company authorized to do business in this state, or MEWA~~	84940
~~authorized to issue insured health benefit plans in this state.~~	84941
~~"Insurer" does not include any health insuring corporation that is~~	84942
~~owned or operated by an insurer.~~	84943

(3) "Network plan" means a health benefit plan of a carrier	84944
under which the financing and delivery of medical care,	84945
including items and services paid for as medical care, are	84946
provided, in whole or in part, through a defined set of	84947
providers under contract with the carrier.	84948

(4) "Ohio health care basic and standard plans" means those	84949
plans established under section 3924.10 of the Revised Code.	84950

(5) "Pre-existing conditions provision" means a policy	84951
provision that excludes or limits coverage for charges or expenses	84952
incurred during a specified period following the insured's	84953
effective date of coverage as to a condition which, during a	84954
specified period immediately preceding the effective date of	84955
coverage, had manifested itself in such a manner as would cause an	84956
ordinarily prudent person to seek medical advice, diagnosis, care,	84957
or treatment or for which medical advice, diagnosis, care, or	84958
treatment was recommended or received, or a pregnancy existing on	84959
the effective date of coverage.	84960

(B) Beginning in January of each year, ~~insurers~~carriers in	84961
the business of issuing ~~individual policies of sickness and~~	84962
~~accident insurance as contemplated by section 3923.021 of the~~	84963
~~Revised Code~~health benefit plans to individuals and nonemployer	84964
groups, except individual ~~policies~~health benefit plans issued	84965
pursuant to ~~section~~sections 1751.16 and 3923.122 of the Revised	84966
Code, shall accept applicants for open enrollment coverage, as	84967
set forth in this division, in the order in which they apply for	84968
coverage and subject to the limitation set forth in division (G)	84969
of this section. ~~Insurers~~Carriers shall accept for coverage	84970
pursuant to this section individuals to whom both of the following	84971
conditions apply:	84972

(1) The individual is not applying for coverage as an	84973
employee of an employer, as a member of an association, or as a	84974
member of any other group.	84975

(2) The individual is not covered, and is not eligible for	84976
coverage, under any other private or public health benefits	84977
arrangement, including the medicare program established under	84978
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	84979
U.S.C.A. 301, as amended, or any other act of congress or law of	84980
this or any other state of the United States that provides	84981
benefits comparable to the benefits provided under this section,	84982
any medicare supplement policy, or any continuation of coverage	84983
policy under state or federal law.	84984

(C) ~~An insurer~~A carrier shall offer to any individual	84985
accepted under this section the Ohio health care basic and	84986
standard plans ~~established by the board of directors of the Ohio~~	84987
~~health reinsurance program under division (A) of section 3924.10~~	84988
~~of the Revised Code~~ or health benefit plans that are	84989
substantially similar to the Ohio health care basic and standard	84990
plans in benefit plan design and scope of covered services.	84991

~~An insurer~~A carrier may offer other health benefit plans in	84992
addition to, but not in lieu of, the plans required to be offered	84993
under this division. A basic health benefit plan shall provide,	84994
at a minimum, the coverage provided by the Ohio health care basic	84995
plan or any health benefit plan that is substantially similar to	84996
the Ohio health care basic plan in benefit plan design and scope	84997
of covered services. A standard health benefit plan shall	84998
provide, at a minimum, the coverage provided by the Ohio health	84999
care standard plan or any health benefit plan that is	85000
substantially similar to the Ohio health care standard plan in	85001
benefit plan design and scope of covered services.	85002

For purposes of this division, the superintendent of	85003
insurance shall determine whether a health benefit plan is	85004
substantially similar to the Ohio health care basic and standard	85005
plans in benefit plan design and scope of covered services.	85006

(D)(1) Health benefit plans issued under this section may	85007
establish pre-existing conditions provisions that exclude or limit	85008
coverage for a period of up to twelve months following the	85009
individual's effective date of coverage and that may relate only	85010
to conditions during the six months immediately preceding the	85011
effective date of coverage. A health insuring corporation may	85012
apply a pre-existing condition provision for any basic health care	85013
service related to a transplant of a body organ if the transplant	85014
occurs within one year after the effective date of an enrollee's	85015
coverage under this section except with respect to a newly born	85016
child who meets the requirements for coverage under section	85017
1751.61 of the Revised Code.	85018

(2) In determining whether a pre-existing conditions	85019
provision applies to an insured or dependent, each policy shall	85020
credit the time the insured or dependent was covered under a	85021
previous policy, contract, or plan if the previous coverage was	85022
continuous to a date not more than sixty-three days prior to the	85023
effective date of the new coverage, exclusive of any applicable	85024
service waiting period under the policy.	85025

(E) Premiums charged to individuals under this section may	85026
not exceed ~~an amount that is two and one-half times the highest~~	85027
the amounts specified below:	85028

(1) For calendar years 2010 and 2011, an amount that is two	85029
times the base rate ~~charged~~for coverage offered to any other	85030
individual to which the ~~insurer~~carrier is currently accepting	85031
new business, and for which similar copayments and deductibles	85032
are applied;	85033

(2) For calendar year 2012 and every year thereafter, an	85034
amount that is one and one-half times the base rate for coverage	85035
offered to any other individual to which the carrier is currently	85036
accepting new business and for which similar copayments and	85037
deductibles are applied, unless the superintendent of insurance	85038
determines that the amendments by this act to this section and	85039
section 3923.581 of the Revised Code, have resulted in the	85040
market-wide average medical loss ratio for coverage sold to	85041
individual insureds and nonemployer group insureds in this state,	85042
including open enrollment insureds, to increase by more than five	85043
and one quarter percentage points during calendar year 2010. If	85044
the superintendent makes that determination, the premium limit	85045
established by division (E)(1) of this section shall remain in	85046
effect. The superintendent's determination shall be supported by	85047
a signed letter from a member of the American academy of	85048
actuaries.	85049

(F) In offering health benefit plans under this section, an	85050
~~insurer~~a carrier may require the purchase of health benefit plans	85051
that condition the reimbursement of health services upon the use	85052
of a specific network of providers.	85053

(G)(1) ~~In no event shall an insurer~~A carrier shall not be	85054
required to accept ~~annually~~new applicants under this section if	85055
the total number of the carrier's current insureds with open	85056
enrollment coverage issued under this section ~~individuals who, in~~	85057
~~the aggregate, would cause the insurer to have a total number of~~	85058
~~new insureds that is more than one-half per cent of its total~~	85059
~~number of insured individuals in this state per year, as~~	85060
~~contemplated by section 3923.021 of the Revised Code,~~ calculated	85061
as of the immediately preceding thirty-first day of December and	85062
excluding the ~~insurer's~~carrier's medicare supplement policies	85063
and conversion or continuation of coverage policies under state	85064
or federal law and any policies described in division (L) of	85065
this section meets the following limits:	85066

(a) For calendar years 2010 and 2011, four per cent of the	85067
carrier's total number of individual or nonemployer group	85068
insureds in this state;	85069

(b) For calendar year 2012 and every year thereafter, eight	85070
per cent of the carrier's total number of insured individuals and	85071
nonemployer group insureds in this state, unless the	85072
superintendent of insurance determines that the amendments by	85073
this act to this section and section 3923.581 of the Revised Code,	85074
have resulted in the market-wide average medical loss ratio for	85075
coverage sold to individual insureds and nonemployer group	85076
insureds in this state, including open enrollment insureds, to	85077
increase by more than five and one quarter percentage points	85078
during calendar year 2010. If the superintendent makes that	85079
determination, the enrollment limit established by division	85080
(G)(1)(a) of this section shall remain in effect. The	85081
superintendent's determination shall be supported by a signed	85082
letter from a member of the American academy of actuaries.	85083

(2) An officer of the ~~insurer~~carrier shall certify to the	85084
department of insurance when it has met the enrollment limit set	85085
forth in division (G)(1) of this section. Upon providing such	85086
certification, the ~~insurer~~carrier shall be relieved of its open	85087
enrollment requirement under this section ~~for the remainder of the~~	85088
~~calendar year~~as long as the carrier continues to meet the open	85089
enrollment limit. If the total number of the carrier's current	85090
insureds with open enrollment coverage issued under this section	85091
falls below the enrollment limit, the carrier shall accept new	85092
applicants. A carrier may establish a waiting list if the carrier	85093
has met the open enrollment limit and shall notify the	85094
superintendent if the carrier has a waiting list in effect.	85095

(H) ~~An insurer~~A carrier shall not be required to accept	85096
under this section applicants who, at the time of enrollment, are	85097
confined to a health care facility because of chronic illness,	85098
permanent injury, or other infirmity that would cause economic	85099
impairment to the ~~insurer~~carrier if the applicants were	85100
accepted~~, or~~. A carrier shall not be required to make the	85101
effective date of benefits for individuals accepted under this	85102
section earlier than ninety days after the date of acceptance,	85103
except that when the individual had prior coverage with a health	85104
benefit plan that was terminated by a carrier because the carrier	85105
exited the market and the individual was accepted for open	85106
enrollment under this section within sixty-three days of that	85107
termination, the effective date of benefits shall be the date of	85108
enrollment.	85109

(I) The requirements of this section do not apply to any	85110
~~insurer~~carrier that is currently in a state of supervision,	85111
insolvency, or liquidation. If ~~an insurer~~a carrier demonstrates	85112
to the satisfaction of the superintendent that the requirements	85113
of this section would place the ~~insurer~~carrier in a state of	85114
supervision, insolvency, or liquidation, or would otherwise	85115
jeopardize the carrier's economic viability overall or in the	85116
individual market, the superintendent may waive or modify the	85117
requirements of division (B) or (G) of this section. The actions	85118
of the superintendent under this division shall be effective for	85119
a period of not more than one year. At the expiration of such	85120
time, a new showing of need for a waiver or modification by the	85121
~~insurer~~carrier shall be made before a new waiver or	85122
modification is issued or imposed.	85123

(J) No hospital, health care facility, or health care	85124
practitioner, and no person who employs any health care	85125
practitioner, shall balance bill any individual or dependent of an	85126
individual for any health care supplies or services provided to	85127
the individual or dependent who is insured under a policy issued	85128
under this section. The hospital, health care facility, or health	85129
care practitioner, or any person that employs the health care	85130
practitioner, shall accept payments made to it by the ~~insurer~~	85131
carrier under the terms of the policy or contract insuring or	85132
covering such individual as payment in full for such health care	85133
supplies or services.	85134

As used in this division, "hospital" has the same meaning as	85135
in section 3727.01 of the Revised Code; "health care practitioner"	85136
has the same meaning as in section 4769.01 of the Revised Code;	85137
and "balance bill" means charging or collecting an amount in	85138
excess of the amount reimbursable or payable under the policy or	85139
health care service contract issued to an individual under this	85140
section for such health care supply or service. "Balance bill"	85141
does not include charging for or collecting copayments or	85142
deductibles required by the policy or contract.	85143

(K) ~~An insurer shall~~A carrier may pay an agent a commission	85144
in the amount of not more than five per cent of the premium	85145
charged for initial placement or for otherwise securing the	85146
issuance of a policy or contract issued to an individual under	85147
this section, and not more than four per cent of the premium	85148
charged for the renewal of such a policy or contract. The	85149
superintendent may adopt, in accordance with Chapter 119. of the	85150
Revised Code, such rules as are necessary to enforce this	85151
division.	85152

(L) This section does not apply to any policy that provides	85153
coverage for specific diseases or accidents only, or to any	85154
hospital indemnity, medicare supplement, long-term care,	85155
disability income, one-time-limited-duration policy of no longer	85156
than six months, or other policy that offers only supplemental	85157
benefits.	85158

(M) If a carrier offers a health benefit plan in the	85159
individual market through a network plan, the carrier may do both	85160
of the following:	85161

(1) Limit the individuals that may apply for such coverage to	85162
those who live, work, or reside in the service area of the network	85163
plan;	85164

(2) Within the service area of the network plan, deny the	85165
coverage to individuals if the carrier has demonstrated both of	85166
the following to the superintendent:	85167

(a) The carrier will not have the capacity to deliver	85168
services adequately to any additional individuals because of the	85169
carrier's obligations to existing group contract holders and	85170
individuals.	85171

(b) The carrier is applying division (M)(2) of this section	85172
uniformly to all individuals without regard to any health	85173
status-related factors of those individuals.	85174

(N) A carrier that, pursuant to division (M)(2) of this	85175
section, denies coverage to an individual in the service area of a	85176
network plan, shall not offer coverage in the individual market	85177
within that service area for at least one hundred eighty days	85178
after the date the carrier denies the coverage.	85179

Sec. 3923.581. (A) As used in this section:

85180

(1) "Base rate" means, as to any health benefit plan that is	85181
issued by a carrier in the individual market, the lowest premium	85182
rate for new or existing business prescribed by the carrier for	85183
the same or similar coverage under a plan or arrangement covering	85184
any individual with similar case characteristics.	85185

(2) "Carrier," "health benefit plan," "MEWA," and	85186
"pre-existing conditions provision" have the same meanings as in	85187
section 3924.01 of the Revised Code.	85188

~~(2)~~(3) "Federally eligible individual" means an eligible	85189
individual as defined in 45 C.F.R. 148.103.	85190

~~(3)~~(4) "Health status-related factor" means any of the	85191
following:	85192

(a) Health status;

85193

(b) Medical condition, including both physical and mental	85194
illnesses;	85195

85196

(d) Receipt of health care;

85197

(e) Medical history;

85198

(f) Genetic information;

85199

(g) Evidence of insurability, including conditions arising	85200
out of acts of domestic violence;	85201

(h) Disability.

85202

~~(4) "Midpoint rate" means, for individuals with similar case~~	85203
~~characteristics and plan designs and as determined by the~~	85204
~~applicable carrier for a rating period, the arithmetic average of~~	85205
~~the applicable base premium rate and the corresponding highest~~	85206
~~premium rate.~~	85207

(5) "Network plan" means a health benefit plan of a carrier	85208
under which the financing and delivery of medical care, including	85209
items and services paid for as medical care, are provided, in	85210
whole or in part, through a defined set of providers under	85211
contract with the carrier.	85212

(6) "Ohio health care basic and standard plans" means those	85213
plans established under section 3924.10 of the Revised Code.	85214

(B) Beginning in January of each year, carriers in the	85215
business of issuing health benefit plans to individuals or	85216
nonemployer groups shall accept federally eligible individuals for	85217
open enrollment coverage, as provided in this section, in the	85218
order in which they apply for coverage and subject to the	85219
limitation set forth in division (J) of this section.	85220

85221

(1) Decline to offer such coverage to, or deny enrollment of,	85222
such individuals;	85223

(2) Apply any pre-existing conditions provision to such	85224
coverage.	85225

(D) A carrier shall offer to federally eligible individuals	85226
the Ohio health care basic and standard ~~plan established by the~~	85227
~~board of directors of the Ohio health reinsurance program~~plans or	85228
plans substantially similar to the basic and standard ~~plan~~plans	85229
in benefit design and scope of covered services. For purposes of	85230
this division, the superintendent of insurance shall determine	85231
whether a plan is substantially similar to the basic or standard	85232
plan in benefit design and scope of covered services.	85233

(E) Premiums charged to individuals under this section may	85234
not exceed ~~an amount that is two times the midpoint~~the amounts	85235
specified below:	85236

(1) For calendar years 2010 and 2011, an amount that is two	85237
times the base rate ~~charged~~for coverage offered to any other	85238
individual to which the carrier is currently accepting new	85239
business, and for which similar copayments and deductibles are	85240
applied;	85241

(2) For calendar year 2012 and every calendar year	85242
thereafter, an amount that is one and one-half times the base	85243
rate for coverage offered to any other individual to which the	85244
carrier is currently accepting new business and for which	85245
similar copayments and deductibles are applied, unless the	85246
superintendent of insurance determines that the amendments by	85247
this act to this section and section 3923.58 of the Revised Code,	85248
have resulted in a market-wide average medical loss ratio for	85249
coverage sold to individual insureds and nonemployer group	85250
insureds in this state, including open enrollment insureds, to	85251
increase by more than five and one quarter percentage points	85252
during calendar year 2010. If the superintendent makes that	85253
determination, the premium limit established by division (E)(1)	85254
of this section shall remain in effect. The superintendent's	85255
determination shall be supported by a signed letter from a member	85256
of the American academy of actuaries.	85257

(F) If a carrier offers a health benefit plan in the	85258
individual market through a network plan, the carrier may do both	85259
of the following:	85260

(1) Limit the federally eligible individuals that may apply	85261
for such coverage to those who live, work, or reside in the	85262
service area of the network plan;	85263

(2) Within the service area of the network plan, deny the	85264
coverage to federally eligible individuals if the carrier has	85265
demonstrated both of the following to the superintendent:	85266

(a) The carrier will not have the capacity to deliver	85267
services adequately tto any additional individuals because of the	85268
carrier's obligations to existing group contract holders and	85269
individuals.	85270

(b) The carrier is applying division (F)(2) of this section	85271
uniformly to all federally eligible individuals without regard to	85272
any health status-related factor of those individuals.	85273

(G) A carrier that, pursuant to division (F)(2) of this	85274
section, denies coverage to an individual in the service area of a	85275
network plan, shall not offer coverage in the individual market	85276
within that service area for at least one hundred eighty days	85277
after the date the coverage is denied.	85278

(H) A carrier may refuse to issue health benefit plans to	85279
federally eligible individuals if the carrier has demonstrated	85280
both of the following to the superintendent:	85281

(1) The carrier does not have the financial reserves	85282
necessary to underwrite additional coverage.	85283

(2) The carrier is applying division (H) of this section	85284
uniformly to all federally eligible individuals in this state	85285
consistent with the applicable laws and rules of this state and	85286
without regard to any health status-related factor relating to	85287
those individuals.	85288

(I) A carrier that, pursuant to division (H) of this section,	85289
refuses to issue health benefit plans to federally eligible	85290
individuals, shall not offer health benefit plans in the	85291
individual market in this state for at least one hundred eighty	85292
days after the date the coverage is denied or until the carrier	85293
has demonstrated to the superintendent that the carrier has	85294
sufficient financial reserves to underwrite additional coverage,	85295
whichever is later.	85296

(J)(1) Except as provided in division (J)(2) of this section,	85297
a carrier shall not be required to accept ~~annually~~new applicants	85298
under this section ~~federally eligible individuals who, in the~~	85299
~~aggregate, would cause the carrier to have a total number of new~~	85300
~~insureds that is more than one-half per cent of its total number~~	85301
~~of insured individuals and nonemployer groups in this state per~~	85302
~~year,~~if the total number of the carrier's current insureds with	85303
open enrollment coverage issued under this section calculated as	85304
of the immediately preceding thirty-first day of December and	85305
excluding the carrier's medicare supplement policies and	85306
conversion or continuation of coverage policies under state or	85307
federal law and any policies described in division ~~(M)~~(L) of	85308
section 3923.58 of the Revised Code meets the following limits:	85309

(a) For calendar years 2010 and 2011, four per cent of the	85310
carrier's total number of individual or nonemployer group	85311
insureds in this state;	85312

(b) For calendar year 2012 and every year thereafter, eight	85313
per cent of the carrier's total number of insured individuals and	85314
nonemployer group insureds in this state, unless the	85315
superintendent of insurance determines that the amendments by	85316
this act to this section and section 3923.58 of the Revised Code,	85317
have resulted in the market-wide average medical loss ratio for	85318
coverage sold to individual insureds and nonemployer group	85319
insureds in this state, including open enrollment insureds, to	85320
increase by more than five and one quarter percentage points	85321
during calendar year 2010. If the superintendent makes that	85322
determination, the enrollment limit established by division	85323
(J)(1)(a) shall remain in effect. The superintendent's	85324
determination shall be supported by a signed letter from a member	85325
of the American academy of actuaries.	85326

(2) An officer of the carrier shall certify to the department	85327
of insurance when it has met the enrollment limit set forth in	85328
division (J)(1) of this section. Upon providing such	85329
certification, the carrier shall be relieved of its open	85330
enrollment requirement under this section for ~~the remainder of the~~	85331
~~calendar year unless, prior to the end of the calendar year,~~as	85332
long as the carrier continues to meet the open enrollment limit.	85333
If the total number of the carrier's current insureds with open	85334
enrollment coverage issued under this section falls below the	85335
enrollment limit, the carrier shall accept new applicants. A	85336
carrier may establish a waiting list if the carrier has met the	85337
open enrollment limit and shall notify the superintendent if the	85338
carrier has a waiting list in effect. In the event that all the	85339
carriers subject to this section have individually met the	85340
enrollment limit set forth in division (J)(1) of this section~~. In~~	85341
~~that event~~in a calendar year, carriers shall again accept	85342
applicants for open enrollment coverage pursuant to this section,	85343
subject to ~~the~~an additional enrollment limit equal to one-half	85344
of the limitation set forth in division (J)(1) of this section.	85345

(K) The superintendent may provide for the application of	85346
this section on a service-area-specific basis.	85347

(L) The requirements of this section do not apply to any	85348
health benefit plan described in division ~~(M)~~(L) of section	85349
3923.58 of the Revised Code.	85350

(M) A carrier may pay an agent a commission in the amount of	85351
not more than five per cent of the premium charged for initial	85352
placement or for otherwise securing the issuance of a policy or	85353
contract issued to an individual under this section, and not more	85354
than four per cent of the premium charged for the renewal of such	85355
a policy or contract. The superintendent may adopt, in accordance	85356
with Chapter 119. of the Revised Code, such rules as are necessary	85357
to enforce this division.	85358

Sec. 3923.582. (A) The superintendent of insurance may	85359
adopt rules in accordance with Chapter 119. of the Revised Code to	85360
implement sections 3923.58 and 3923.581 of the Revised Code,	85361
including, but not limited to, rules relating to both of the	85362
following:	85363

(1) Requirements for adequate notice by carriers to consumers	85364
of the availability and premium rates of open enrollment coverage;	85365

(2) Reporting and data collection requirements for	85366
implementation of the open enrollment program and to evaluate the	85367
performance of the open enrollment program and the individual	85368
health insurance market of this state.	85369

(B) On or before June 30, beginning calendar year 2011 and	85370
continuing every year thereafter, the superintendent shall issue	85371
a report to the governor and the general assembly on the open	85372
enrollment program and the performance of the individual health	85373
insurance market in this state. The report shall include a	85374
determination by the superintendent, supported by a signed letter	85375
from a member of the American academy of actuaries, as to whether	85376
the amendments by this act to sections 3923.58 and 3923.581 of	85377
the Revised Code, have caused the market-wide average medical	85378
loss ratio for coverage sold to individual insureds and	85379
nonemployer group insureds in this state, including open	85380
enrollment insureds, to increase and, if so, by how many	85381
percentage points.	85382

Sec. 3923.66. (A) As used in sections 3923.66 to 3923.70 of	85383
the Revised Code:	85384

(1) "Clinical peer" and "physician" have the same meanings as	85385
in section 1751.77 of the Revised Code.	85386

(2) "Authorized person" means a parent, guardian, or other	85387
person authorized to act on behalf of an insured with respect to	85388
health care decisions.	85389

(B) Sections 3923.66 to 3923.70 of the Revised Code do not	85390
apply to any individual or group policy of sickness and accident	85391
insurance covering only accident, credit, dental, disability	85392
income, long-term care, hospital indemnity, medicare supplement,	85393
medicare, tricare, specified disease, or vision care; coverage	85394
issued as a supplement to liability insurance; insurance arising	85395
out of workers' compensation or similar law; automobile medical	85396
payment insurance; or insurance under which benefits are payable	85397
with or without regard to fault and which is statutorily required	85398
to be contained in any liability insurance policy or equivalent	85399
self-insurance.	85400

(C) The superintendent of insurance shall establish and	85401
maintain a system for receiving and reviewing requests for review	85402
from insureds who have been denied coverage of a health care	85403
service on the grounds that the service is not a service covered	85404
under the terms of the insured's policy or certificate.	85405

On receipt of a written request from an insured or authorized	85406
person, the superintendent shall consider whether the health care	85407
service is a service covered under the terms of the insured's	85408
policy or certificate, except that the superintendent shall not	85409
conduct a review under this section unless the insured has	85410
exhausted the insurer's internal review process. The insurer and	85411
the insured or authorized person shall provide the superintendent	85412
with any information required by the superintendent that is in	85413
their possession and is germane to the review.	85414

Unless the superintendent is not able to do so because making	85415
the determination requires resolution of a medical issue, the	85416
superintendent shall determine whether the health care service at	85417
issue is a service covered under the terms of the insured's policy	85418
or certificate. The superintendent shall notify the insured, or	85419
authorized person, and the insurer of its determination or that it	85420
is not able to make a determination because the determination	85421
requires the resolution of a medical issue.	85422

If the superintendent notifies the insurer that making the	85423
determination requires the resolution of a medical issue, the	85424
insurer shall ~~afford the insured an opportunity for~~initiate an	85425
external review under section 3923.67 or 3923.68 of the Revised	85426
Code. If the superintendent notifies the insurer that the health	85427
care service is not a covered service, the insurer is not required	85428
to cover the service or afford the insured an external review.	85429

Sec. 3923.67. (A) Except as provided in divisions (B) and	85430
(C) of this section, an insurer shall afford an insured an	85431
opportunity for an external review of a coverage denial when	85432
requested by the insured or authorized person, if both of the	85433
following are the case:	85434

(1) The insurer has denied, reduced, or terminated coverage	85435
for what would be a covered health care service except that the	85436
insurer has determined that the health care service is not	85437
medically necessary.	85438

(2) Except in the case of expedited review, the proposed	85439
service, plus any ancillary services and follow-up care, will cost	85440
the insured more than five hundred dollars if the proposed service	85441
is not covered by the insurer.	85442

External review shall be conducted in accordance with this	85443
section, except that if an insured with a terminal condition meets	85444
all of the criteria of division (A) of section 3923.68 of the	85445
Revised Code, an external review shall be conducted under that	85446
section.	85447

(B) An insured need not be afforded a review under this	85448
section in any of the following circumstances:	85449

(1) The superintendent of insurance has determined under	85450
section 3923.66 of the Revised Code that the health care service	85451
is not a service covered under the terms of the insured's policy	85452
or certificate.	85453

(2) The insured has failed to exhaust the insurer's internal	85454
review process.	85455

(3) The insured has previously afforded an external review	85456
for the same denial of coverage, and no new clinical information	85457
has been submitted to the insurer.	85458

(C)(1) An insurer may deny a request from an insured for an	85459
external review of an adverse decision from the insurer's internal	85460
appeal process if it is requested later than ~~sixty~~one hundred	85461
eighty days after receipt ~~by the insured~~ of notice ~~from the~~	85462
~~superintendent of insurance under section 3923.66 of the Revised~~	85463
~~Code that making a determination requires the resolution of a~~	85464
~~medical issue~~from the insurer of the adverse decision. An	85465
external review may be requested by the insured, an authorized	85466
person, the insured's provider, or a health care facility	85467
rendering health care service to the insured. The insured may	85468
request a review without the approval of the provider or the	85469
health care facility rendering the health care service. The	85470
provider or health care facility may not request a review without	85471
the prior consent of the insured.	85472

(2) An external review must be requested in writing, except	85473
that if the insured has a condition that requires expedited	85474
review, the review may be requested orally or by electronic means.	85475
When an oral or electronic request for review is made, written	85476
confirmation of the request must be submitted to the insurer not	85477
later than five days after the request is made.	85478

Except in the case of an expedited review, a request for an	85479
external review must be accompanied by written certification from	85480
the insured's provider or the health care facility rendering the	85481
health care service to the insured that the proposed service, plus	85482
any ancillary services and follow-up care, will cost the insured	85483
more than five hundred dollars if the proposed service is not	85484
covered by the insurer.	85485

(3) For an expedited review, the insured's provider must	85486
certify that the insured's condition could, in the absence of	85487
immediate medical attention, result in any of the following:	85488

(a) Placing the health of the insured or, with respect to a	85489
pregnant woman, the health of the insured or the unborn child, in	85490
serious jeopardy;	85491

(b) Serious impairment to bodily functions;

85492

85493

(D) The procedures used in conducting an external review	85494
shall include all of the following:	85495

(1) The review shall be conducted by an independent review	85496
organization assigned by the superintendent of insurance under	85497
section 3901.80 of the Revised Code.	85498

(2) Except as provided in divisions (D)(3) and (4) of this	85499
section, neither the clinical peer nor any health care facility	85500
with which the clinical peer is affiliated shall have any	85501
professional, familial, or financial affiliation with any of the	85502
following:	85503

(a) The insurer or any officer, director, or managerial	85504
employee of the insurer;	85505

(b) The insured, the insured's provider, or the practice	85506
group of the insured's provider;	85507

(c) The health care facility at which the health care service	85508
requested by the insured would be provided;	85509

(d) The development or manufacture of the principal drug,	85510
device, procedure, or therapy proposed for the insured.	85511

(3) Division (D)(2) of this section does not prohibit a	85512
clinical peer from conducting a review under any of the following	85513
circumstances:	85514

(a) The clinical peer is affiliated with an academic medical	85515
center that provides health care services to insureds of the	85516
insurer.	85517

(b) The clinical peer has staff privileges at a health care	85518
facility that provides health care services to insureds of the	85519
insurer.	85520

(c) The clinical peer has a contractual relationship with the	85521
insurer but was not involved with the insurer's coverage decision.	85522

(4) Division (D)(2) of this section does not prohibit the	85523
insurer from paying the independent review organization for the	85524
conduct of the review.	85525

(5) An insured shall not be required to pay for any part of	85526
the cost of the review. The cost of the review shall be borne by	85527
the insurer.	85528

(6)(a) The insurer shall provide to the independent review	85529
organization conducting the review a copy of those records in its	85530
possession that are relevant to the insured's medical condition	85531
and the review.	85532

Records shall be used solely for the purpose of this	85533
division. At the request of the independent review organization,	85534
the insurer, insured, provider, or health care facility rendering	85535
health care services to the insured shall provide any additional	85536
information the independent review organization requests to	85537
complete the review. A request for additional information may be	85538
made in writing, orally, or by electronic means. The independent	85539
review organization shall submit the request to the insured and	85540
insurer. If a request is submitted orally or by electronic means	85541
to an insured or insurer, not later than five days after the	85542
request is submitted, the independent review organization shall	85543
provide written confirmation of the request. If the review was	85544
initiated by a provider or health care facility, a copy of the	85545
request shall be submitted to the provider or health care	85546
facility.	85547

(b) An independent review organization is not required to	85548
make a decision if it has not received any requested information	85549
that it considers necessary to complete a review. An independent	85550
review organization that does not make a decision for this reason	85551
shall notify the insured and the insurer that a decision is not	85552
being made. The notice may be made in writing, orally, or by	85553
electronic means. An oral or electronic notice shall be confirmed	85554
in writing not later than five days after the oral or electronic	85555
notice is made. If the review was initiated by a provider or	85556
health care facility, a copy of the notice shall be submitted to	85557
the provider or health care facility.	85558

(7) The insurer may elect to cover the service requested and	85559
terminate the review. The insurer shall notify the insured and all	85560
other parties involved with the decision by mail, or with the	85561
consent or approval of the insured, by electronic means.	85562

(8) In making its decision, an independent review	85563
organization conducting the review shall take into account all of	85564
the following:	85565

(a) Information submitted by the insurer, the insured, the	85566
insured's provider, and the health care facility rendering the	85567
health care service, including the following:	85568

(i) The insured's medical records;

85569

(ii) The standards, criteria, and clinical rationale used by	85570
the insurer to make its decision.	85571

(b) Findings, studies, research, and other relevant documents	85572
of government agencies and nationally recognized organizations,	85573
including the national institutes of health or any board	85574
recognized by the national institutes of health, the national	85575
cancer institute, the national academy of sciences, the United	85576
States food and drug administration, the health care financing	85577
administration of the United States department of health and human	85578
services, and the agency for health care policy and research;	85579

(c) Relevant findings in peer-reviewed medical or scientific	85580
literature, published opinions of nationally recognized medical	85581
experts, and clinical guidelines adopted by relevant national	85582
medical societies.	85583

(9)(a) In the case of an expedited review, the independent	85584
review organization shall issue a written decision not later than	85585
seven days after the filing of the request for review. In all	85586
other cases, the independent review organization shall issue a	85587
written decision not later than thirty days after the filing of	85588
the request. The independent review organization shall send a copy	85589
of its decision to the insurer and the insured. If the insured's	85590
provider or the health care facility rendering health care	85591
services to the insured requested the review, the independent	85592
review organization shall also send a copy of its decision to the	85593
insured's provider or the health care facility.	85594

(b) The independent review organization's decision shall	85595
include a description of the insured's condition and the principal	85596
reasons for the decision and an explanation of the clinical	85597
rationale for the decision.	85598

(E) The independent review organization shall base its	85599
decision on the information submitted under division (D)(8) of	85600
this section. In making its decision, the independent review	85601
organization shall consider safety, efficacy, appropriateness, and	85602
cost-effectiveness.	85603

(F) The insurer shall provide any coverage determined by the	85604
independent review organization's decision to be medically	85605
necessary, subject to the other terms, limitations, and conditions	85606
of the insured's policy or certificate.	85607

Sec. 3923.68. (A) Each insurer shall establish a reasonable	85608
external, independent review process to examine the insurer's	85609
coverage decisions for insureds who meet all of the following	85610
criteria:	85611

(1) The insured has a terminal condition that, according to	85612
the current diagnosis of the insured's physician, has a high	85613
probability of causing death within two years.	85614

(2) The insured requests a review not later than ~~sixty~~one	85615
hundred eighty days after receipt by the insured of notice from	85616
the ~~superintendent of insurance under section 3923.66 of the~~	85617
~~Revised Code that making a determination requires resolution of a~~	85618
~~medical issue~~insurer of the adverse decision.	85619

(3) The insured's physician certifies that the insured has	85620
the condition described in division (A)(1) of this section and any	85621
of the following situations are applicable:	85622

(a) Standard therapies have not been effective in improving	85623
the condition of the insured.	85624

(b) Standard therapies are not medically appropriate for the	85625
insured.	85626

(c) There is no standard therapy covered by the insurer that	85627
is more beneficial than therapy described in division (A)(4) of	85628
this section.	85629

(4) The insured's physician has recommended a drug, device,	85630
procedure, or other therapy that the physician certifies, in	85631
writing, is likely to be more beneficial to the insured, in the	85632
physician's opinion, than standard therapies, or the insured has	85633
requested a therapy that has been found in a preponderance of	85634
peer-reviewed published studies to be associated with effective	85635
clinical outcomes for the same condition.	85636

(5) The insured has been denied coverage by the insurer for	85637
a drug, device, procedure, or other therapy recommended or	85638
requested pursuant to division (A)(4) of this section, and has	85639
exhausted the insurer's internal review process.	85640

(6) The drug, device, procedure, or other therapy, for which	85641
coverage has been denied, would be a covered health care service	85642
except for the insurer's determination that the drug, device,	85643
procedure, or other therapy is experimental or investigational.	85644

(B) A review shall be requested in writing, except that if	85645
the insured's physician determines that a therapy would be	85646
significantly less effective if not promptly initiated, the review	85647
may be requested orally or by electronic means. When an oral or	85648
electronic request for review is made, written confirmation of the	85649
request shall be submitted to the insurer not later than five days	85650
after the oral or written request is submitted.	85651

(C) The external, independent review process established by	85652
an insurer shall meet all of the following criteria:	85653

(1) Except as provided in division (E) of this section, the	85654
process shall afford all insureds who meet the criteria set forth	85655
in division (A) of this section the opportunity to have the	85656
insurer's decision to deny coverage of the recommended or	85657
requested therapy reviewed under the process. Each eligible	85658
insured shall be notified of that opportunity within thirty	85659
business days after the insurer denies coverage.	85660

(2) The review shall be conducted by an independent review	85661
organization assigned by the superintendent of insurance under	85662
section 3901.80 of the Revised Code.	85663

The independent review organization shall select a panel to	85664
conduct the review, which panel shall be composed of at least	85665
three physicians or other providers who, through clinical	85666
experience in the past three years, are experts in the treatment	85667
of the insured's medical condition and knowledgeable about the	85668
recommended or requested therapy.	85669

In either of the following circumstances, an exception may be	85670
made to the requirement that the review be conducted by an expert	85671
panel composed of a minimum of three physicians or other	85672
providers:	85673

(a) A review may be conducted by an expert panel composed of	85674
only two physicians or other providers if an insured has consented	85675
in writing to a review by the smaller panel.	85676

(b) A review may be conducted by a single expert physician or	85677
other provider if only the expert physician or other provider is	85678
available for the review.	85679

(3) Neither the insurer nor the insured shall choose, or	85680
control the choice of, the physician or other provider experts.	85681

(4) The selected experts, any health care facility with which	85682
an expert is affiliated, and the independent review organization	85683
arranging for the experts' review shall not have any professional,	85684
familial, or financial affiliation with any of the following:	85685

(a) The insurer or any officer, director, or managerial	85686
employee of the insurer;	85687

(b) The insured, the insured's physician, ofor the practice	85688
group of the insured's physician;	85689

(c) The health care facility at which the recommended or	85690
requested therapy would be provided;	85691

(d) The development or manufacture of the principal drug,	85692
device, procedure, or therapy involved in the recommended or	85693
requested therapy.	85694

However, experts affiliated with academic medical centers who	85695
provide health care services to insureds of the insurer may serve	85696
as experts on the review panel. Further, experts with staff	85697
privileges at a health care facility that provides health care	85698
services to insureds of the insurer, as well as experts who have a	85699
contractual relationship with the insurer, but who were not	85700
involved with the insurer's denial of coverage for the therapy	85701
under review, may serve as experts on the review panel. These	85702
nonaffiliation provisions do not preclude an insurer from paying	85703
for the experts' review, as specified in division (C)(5) of this	85704
section.	85705

(5) Insureds shall not be required to pay for any part of the	85706
cost of the review. The cost of the review shall be borne by the	85707
insurer.	85708

(6) The insurer shall provide to the independent review	85709
organization arranging for the experts' review a copy of those	85710
records in the insurer's possession that are relevant to the	85711
insured's medical condition and the review. The records shall be	85712
disclosed solely to the expert reviewers and shall be used solely	85713
for the purpose of this section. At the request of the expert	85714
reviewers, the insurer or the physician requesting the therapy	85715
shall provide any additional information that the expert reviewers	85716
request to complete the review. An expert reviewer is not required	85717
to render an opinion if the reviewer has not received any	85718
requested information that the reviewer considers necessary to	85719
complete the review.	85720

(7)(a) In the case of an expedited review, the independent	85721
review organization shall issue a written decision not later than	85722
seven days after the filing of the request for review. In all	85723
other cases, the independent review organization shall issue a	85724
written decision not later than thirty days after the filing of	85725
the request. The independent review organization shall send a copy	85726
of its decision to the insurer and the insured. If the insured's	85727
provider or the health care facility rendering health care	85728
services to the insured requested the review, the independent	85729
review organization shall also send a copy of its decision to the	85730
insured's provider or the health care facility.	85731

(b) In conducting the review, the experts on the panel shall	85732
take into account all of the following:	85733

(i) Information submitted by the insurer, the insured, and	85734
the insured's physician, including the insured's medical records	85735
and the standards, criteria, and clinical rationale used by the	85736
insurer to reach its coverage decision;	85737

(ii) Findings, studies, research, and other relevant	85738
documents of government agencies and nationally recognized	85739
organizations;	85740

(iii) Relevant findings in peer-reviewed medical or	85741
scientific literature and published opinions of nationally	85742
recognized medical experts;	85743

(iv) Clinical guidelines adopted by relevant national medical	85744
societies;	85745

(v) Safety, efficacy, appropriateness, and cost	85746
effectiveness.	85747

(8) Each expert on the panel shall provide the independent	85748
review organization with a professional opinion as to whether	85749
there is sufficient evidence to demonstrate that the recommended	85750
or requested therapy is likely to be more beneficial to the	85751
insured than standard therapies.	85752

(9) Each expert's opinion shall be presented in written form	85753
and shall include the following information:	85754

(a) A description of the insured's condition;

85755

(b) A description of the indicators relevant to determining	85756
whether there is sufficient evidence to demonstrate that the	85757
recommended or requested therapy is more likely than not to be	85758
more beneficial to the insured than standard therapies;	85759

(c) A description and analysis of any relevant findings	85760
published in peer-reviewed medical or scientific literature or the	85761
published opinions of medical experts or specialty societies;	85762

(d) A description of the insured's suitability to receive the	85763
recommended or requested therapy according to a treatment protocol	85764
in a clinical trial, if applicable.	85765

(10) The independent review organization shall provide the	85766
insurer with the opinions of the experts. The insurer shall make	85767
the experts' opinions available to the insured and the insured's	85768
physician, upon request.	85769

(11) The opinion of the majority of the experts on the panel,	85770
rendered pursuant to division (C)(8) of this section, is binding	85771
on the insurer with respect to that insured. If the opinions of	85772
the experts on the panel are evenly divided as to whether the	85773
therapy should be covered, the insurer's final decision shall be	85774
in favor of coverage. If less than a majority of the experts on	85775
the panel recommend coverage of the therapy, the insurer may, in	85776
its discretion, cover the therapy. However, any coverage provided	85777
pursuant to division (C)(11) of this section is subject to the	85778
terms, limitations, and conditions of the insured's policy or	85779
certificate with the insurer.	85780

(12) The insurer shall have written policies describing the	85781
external, independent review process.	85782

(D) If an insurer's initial denial of coverage for a therapy	85783
recommended or requested pursuant to division (A)(3) of this	85784
section is based upon an external, independent review of that	85785
therapy meeting the requirements of division (C) of this section,	85786
this section shall not be a basis for requiring a second external,	85787
independent review of the recommended or requested therapy.	85788

(E) At any time during the external, independent review	85789
process, the insurer may elect to cover the recommended or	85790
requested health care service and terminate the review. The	85791
insurer shall notify the insured and all other parties involved by	85792
mail or, with consent or approval of the insured, by electronic	85793
means.	85794

(F) The insurer shall annually file a certificate with the	85795
superintendent of insurance certifying its compliance with the	85796
requirements of this section.	85797

Sec. 3923.75. (A) As used in sections 3923.75 to 3923.79 of	85798
the Revised Code:	85799

(1) "Clinical peer" and "physician" have the same meanings as	85800
in section 1751.77 of the Revised Code.	85801

(2) "Authorized person" means a parent, guardian, or other	85802
person authorized to act on behalf of a plan member with respect	85803
to health care decisions.	85804

(B) Sections 3923.75 to 3923.79 of the Revised Code do not	85805
apply to any public employee benefit plan covering only accident,	85806
credit, dental, disability income, long-term care, hospital	85807
indemnity, medicare supplement, medicare, tricare, specified	85808
disease, or vision care; coverage issued as a supplement to	85809
liability insurance; insurance arising out of workers'	85810
compensation or similar law; automobile medical payment insurance;	85811
or insurance under which benefits are payable with or without	85812
regard to fault and which is statutorily required to be contained	85813
in any liability insurance policy or equivalent self-insurance.	85814

(C) The superintendent of insurance shall establish and	85815
maintain a system for receiving and reviewing requests for review	85816
from plan members who have been denied coverage of a health care	85817
service on the grounds that the service is not a service covered	85818
under the terms of the public employee benefit plan.	85819

On receipt of a written request from a plan member or	85820
authorized person, the superintendent shall consider whether the	85821
health care service is a service covered under the terms of the	85822
plan, except that the superintendent shall not conduct a review	85823
under this section unless the plan member has exhausted the plan's	85824
internal review process. The plan and the plan member or	85825
authorized person shall provide the superintendent with any	85826
information required by the superintendent that is in their	85827
possession and is germane to the review.	85828

Unless the superintendent is not able to do so because making	85829
the determination requires resolution of a medical issue, the	85830
superintendent shall determine whether the health care service at	85831
issue is a service covered under the terms of the plan. The	85832
superintendent shall notify the plan member, or authorized person,	85833
and the plan of its determination or that it is not able to make a	85834
determination because the determination requires the resolution of	85835
a medical issue.	85836

If the superintendent notifies the plan that making the	85837
determination requires the resolution of a medical issue, the plan	85838
shall ~~afford the plan member~~initiate an ~~opportunity for~~ external	85839
review under section 3923.76 or 3923.77 of the Revised Code. If	85840
the superintendent notifies the plan that the health care service	85841
is not a covered service, the plan is not required to cover the	85842
service or afford the plan member an external review.	85843

Sec. 3923.76. (A) Except as provided in divisions (B) and	85844
(C) of this section, a public employee benefit plan shall afford a	85845
plan member an opportunity for an external review of a coverage	85846
denial when requested by the plan member or authorized person, if	85847
both of the following are the case:	85848

(1) The plan has denied, reduced, or terminated coverage for	85849
what would be a covered health care service except that the plan	85850
has determined that the health care service is not medically	85851
necessary.	85852

(2) Except in the case of expedited review, the proposed	85853
service, plus any ancillary services and follow-up care, will cost	85854
the plan member more than five hundred dollars if the proposed	85855
service is not covered by the plan.	85856

External review shall be conducted in accordance with this	85857
section, except that if a plan member with a terminal condition	85858
meets all of the criteria of division (A) of section 3923.77 of	85859
the Revised Code, an external review shall be conducted under that	85860
section.	85861

(B) A plan member need not be afforded a review under this	85862
section in any of the following circumstances:	85863

(1) The superintendent of insurance has determined under	85864
section 3923.75 of the Revised Code that the health care service	85865
is not a service covered under the terms of the plan.	85866

(2) The plan member has failed to exhaust the plan's internal	85867
review process.	85868

(3) The plan member has previously been afforded an external	85869
review for the same denial of coverage, and no new clinical	85870
information has been submitted to the plan.	85871

(C)(1) A plan may deny a request from a plan member for an	85872
external review of an adverse decision from the plan's internal	85873
appeal process if it is requested later than ~~sixty~~one hundred	85874
eighty days after receipt by the plan member of notice from the	85875
~~superintendent of insurance under section 3923.75 of the Revised~~	85876
~~Code that making the determination requires the resolution of a~~	85877
~~medical issue~~plan of the adverse decision. An external review may	85878
be requested by the plan member, an authorized person, the plan	85879
member's provider, or a health care facility rendering health care	85880
service to the plan member. The plan member may request a review	85881
without the approval of the provider or the health care facility	85882
rendering the health care service. The provider or health care	85883
facility may not request a review without the prior consent of the	85884
plan member.	85885

(2) An external review must be requested in writing, except	85886
that if the plan member has a condition that requires expedited	85887
review, the review may be requested orally or by electronic means.	85888
When an oral or electronic request for review is made, written	85889
confirmation of the request must be submitted to the plan not	85890
later than five days after the request is made.	85891

Except in the case of an expedited review, a request for an	85892
external review must be accompanied by written certification from	85893
the plan member's provider or the health care facility rendering	85894
the health care service to the plan member that the proposed	85895
service, plus any ancillary services and follow-up care, will cost	85896
the plan member more than five hundred dollars if the proposed	85897
service is not covered by the plan.	85898

(3) For an expedited review, the plan member's provider must	85899
certify that the plan member's condition could, in the absence of	85900
immediate medical attention, result in any of the following:	85901

(a) Placing the health of the plan member or, with respect to	85902
a pregnant woman, the health of the plan member or the unborn	85903
child, in serious jeopardy;	85904

(b) Serious impairment to bodily functions;

85905

85906

(D) The procedures used in conducting an external review	85907
shall include all of the following:	85908

(1) The review shall be conducted by an independent review	85909
organization assigned by the superintendent of insurance under	85910
section 3901.80 of the Revised Code.	85911

(2) Except as provided in divisions (D)(3) and (4) of this	85912
section, neither the clinical peer nor any health care facility	85913
with which the clinical peer is affiliated shall have any	85914
professional, familial, or financial affiliation with any of the	85915
following:	85916

(a) The plan or any officer, director, or managerial employee	85917
of the plan;	85918

(b) The plan member, the plan member's provider, or the	85919
practice group of the plan member's provider;	85920

(c) The health care facility at which the health care service	85921
requested by the plan member would be provided:;	85922

(d) The development or manufacture of the principal drug,	85923
device, procedure, or therapy proposed for the plan member.	85924

(3) Division (D)(2) of this section does not prohibit a	85925
clinical peer from conducting a review under any of the following	85926
circumstances:	85927

(a) The clinical peer is affiliated with an academic medical	85928
center that provides health care services to members of the plan.	85929

(b) The clinical peer has staff privileges at a health care	85930
facility that provides health care services to members of the	85931
plan.	85932

(c) The clinical peer has a contractual relationship with the	85933
plan but was not involved with the plan's coverage decision.	85934

(4) Division (D)(2) of this section does not prohibit the	85935
plan from paying the independent review organization for the	85936
conduct of the review.	85937

(5) A plan member shall not be required to pay for any part	85938
of the cost of the review. The cost of the review shall be borne	85939
by the plan.	85940

(6)(a) The plan shall provide to the independent review	85941
organization conducting the review a copy of those records in its	85942
possession that are relevant to the plan member's medical	85943
condition and the review.	85944

Records shall be used solely for the purpose of this	85945
division. At the request of the independent review organization,	85946
the plan, plan member, provider, or health care facility rendering	85947
health care services to the plan member shall provide any	85948
additional information the independent review organization	85949
requests to complete the review. A request for additional	85950
information may be made in writing, orally, or by electronic	85951
means. The independent review organization shall submit the	85952
request to the plan member and the plan. If a request is submitted	85953
orally or by electronic means to a plan member or plan, not later	85954
than five days after the request is submitted, the independent	85955
review organization shall provide written confirmation of the	85956
request. If the review was initiated by a provider or health care	85957
facility, a copy of the request shall be submitted to the provider	85958
or health care facility.	85959

(b) An independent review organization is not required to	85960
make a decision if it has not received any requested information	85961
that it considers necessary to complete a review. An independent	85962
review organization that does not make a decision for this reason	85963
shall notify the plan member and the plan that a decision is not	85964
being made. The notice may be made in writing, orally, or by	85965
electronic means. An oral or electronic notice shall be confirmed	85966
in writing not later than five days after the oral or electronic	85967
notice is made. If the review was initiated by a provider or	85968
health care facility, a copy of the notice shall be submitted to	85969
the provider or health care facility.	85970

(7) The plan may elect to cover the service requested and	85971
terminate the review. The plan shall notify the plan member and	85972
all other parties involved with the decision by mail, or with the	85973
consent or approval of the plan member, by electronic means.	85974

(8) In making its decision, an independent review	85975
organization conducting the review shall take into account all of	85976
the following:	85977

(a) Information submitted by the plan, the plan member, the	85978
plan member's provider, and the health care facility rendering the	85979
health care service, including the following:	85980

(i) The plan member's medical records;

85981

(ii) The standards, criteria, and clinical rationale used by	85982
the plan to make its decision.	85983

(b) Findings, studies, research, and other relevant documents	85984
of government agencies and nationally recognized organizations,	85985
including the national institutes of health or any board	85986
recognized by the national institutes of health, the national	85987
cancer institute, the national academy of sciences, the United	85988
States food and drug administration, the health care financing	85989
administration of the United States department of health and human	85990
services, and the agency for health care policy and research;	85991

(c) Relevant findings in peer-reviewed medical or scientific	85992
literature, published opinions of nationally recognized medical	85993
experts, and clinical guidelines adopted by relevant national	85994
medical societies.	85995

(9)(a) In the case of an expedited review, the independent	85996
review organization shall issue a written decision not later than	85997
seven days after the filing of the request for review. In all	85998
other cases, the independent review organization shall issue a	85999
written decision not later than thirty days after the filing of	86000
the request. The independent review organization shall send a copy	86001
of its decision to the plan and the plan member. If the plan	86002
member's provider or the health care facility rendering health	86003
care services to the plan member requested the review, the	86004
independent review organization shall also send a copy of its	86005
decision to the plan member's provider or the health care	86006
facility.	86007

(b) The independent review organization's decision shall	86008
include a description of the plan member's condition and the	86009
principal reasons for the decision and an explanation of the	86010
clinical rationale for the decision.	86011

(E) The independent review organization shall base its	86012
decision on the information submitted under division (D)(8) of	86013
this section. In making its decision, the independent review	86014
organization shall consider safety, efficacy, appropriateness, and	86015
cost-effectiveness.	86016

(F) The plan shall provide any coverage determined by the	86017
independent review organization's decision to be medically	86018
necessary, subject to the other terms, limitations, and conditions	86019
of the plan.	86020

Sec. 3923.77. (A) Each public employee benefit plan shall	86021
establish a reasonable external review process to examine the	86022
plan's coverage decisions for plan members who meet all of the	86023
following criteria:	86024

(1) The plan member has a terminal condition that, according	86025
to the current diagnosis of the plan member's physician, has a	86026
high probability of causing death within two years.	86027

(2) The plan member requests a review not later than ~~sixty~~	86028
one hundred eighty days after receipt by the plan member of	86029
notice from the ~~superintendent of insurance under section 3923.75~~	86030
~~of the Revised Code that making a determination requires~~	86031
~~resolution of a medical issue~~plan of the adverse decision.	86032

(3) The plan member's physician certifies that the plan	86033
member has the condition described in division (A)(1) of this	86034
section and any of the following situations are applicable:	86035

(a) Standard therapies have not been effective in improving	86036
the condition of the plan member.	86037

(b) Standard therapies are not medically appropriate for the	86038
plan member.	86039

(c) There is no standard therapy covered by the plan that is	86040
more beneficial than therapy described in division (A)(4) of this	86041
section.	86042

(4) The plan member's physician has recommended a drug,	86043
device, procedure, or other therapy that the physician certifies,	86044
in writing, is likely to be more beneficial to the plan member, in	86045
the physician's opinion, than standard therapies, or the plan	86046
member has requested a therapy that has been found in a	86047
preponderance of peer-reviewed published studies to be associated	86048
with effective clinical outcomes for the same condition.	86049

(5) The plan member has been denied coverage by the plan for	86050
a drug, device, procedure, or other therapy recommended or	86051
requested pursuant to division (A)(4) of this section, and has	86052
exhausted all internal appeals.	86053

(6) The drug, device, procedure, or other therapy, for which	86054
coverage has been denied, would be a covered health care service	86055
except for the plan's determination that the drug, device,	86056
procedure, or other therapy is experimental or investigational.	86057

(B) A review shall be requested in writing, except that if	86058
the plan member's physician determines that a therapy would be	86059
significantly less effective if not promptly initiated, the review	86060
may be requested orally or by electronic means. When an oral or	86061
electronic request for review is made, written confirmation of the	86062
request shall be submitted to the plan not later than five days	86063
after the oral or written request is submitted. For an expedited	86064
review, the plan member's provider must certify that the requested	86065
or recommended therapy would be significantly less effective if	86066
not promptly initiated.	86067

(C) The external review process established by a plan shall	86068
meet all of the following criteria:	86069

(1) Except as provided in division (E) of this section, the	86070
process shall afford all plan members who meet the criteria set	86071
forth in division (A) of this section the opportunity to have the	86072
plan's decision to deny coverage of the recommended or requested	86073
therapy reviewed under the process. Each eligible plan member	86074
shall be notified of that opportunity within thirty business days	86075
after the plan denies coverage.	86076

(2) The review shall be conducted by an independent review	86077
organization assigned by the superintendent of insurance under	86078
section 3901.80 of the Revised Code. The independent review	86079
organization shall select a panel to conduct the review, which	86080
panel shall be composed of at least three physicians or other	86081
providers who, through clinical experience in the past three	86082
years, are experts in the treatment of the plan member's medical	86083
condition and knowledgeable about the recommended or requested	86084
therapy. If the independent review organization retained by the	86085
plan is an academic medical center, the panel may include experts	86086
affiliated with or employed by the academic medical center.	86087

In either of the following circumstances, an exception may be	86088
made to the requirement that the review be conducted by an expert	86089
panel composed of a minimum of three physicians or other	86090
providers:	86091

(a) A review may be conducted by an expert panel composed of	86092
only two physicians or other providers if a plan member has	86093
consented in writing to a review by the smaller panel.	86094

(b) A review may be conducted by a single expert physician or	86095
other provider if only the expert physician or other provider is	86096
available for the review.	86097

(3) Neither the plan nor the plan member shall choose, or	86098
control the choice of, the physician or other provider experts.	86099

(4) The selected experts, any health care facility with which	86100
an expert is affiliated, and the independent review organization	86101
arranging for the experts' review shall not have any professional,	86102
familial, or financial affiliation with any of the following:	86103

(a) The plan or any officer, director, or managerial employee	86104
of the plan;	86105

(b) The plan member, the plan member's physician, or the	86106
practice group of the plan member's physician;	86107

(c) The health care facility at which the recommended or	86108
requested therapy would be provided;	86109

(d) The development or manufacture of the principal drug,	86110
device, procedure, or therapy involved in the recommended or	86111
requested therapy. However, experts affiliated with academic	86112
medical centers who provide health care services to members of the	86113
plan may serve as experts on the review panel. Further, experts	86114
with staff privileges at a health care facility that provides	86115
health care services to members of the plan, as well as experts	86116
who have a contractual relationship with the plan, but who were	86117
not involved with the plan's denial of coverage for the therapy	86118
under review, may serve as experts on the review panel. These	86119
nonaffiliation provisions do not preclude a plan from paying for	86120
the experts' review, as specified in division (C)(5) of this	86121
section.	86122

(5) Plan members shall not be required to pay for any part of	86123
the cost of the review. The cost of the review shall be borne by	86124
the plan.	86125

(6) The plan shall provide to the independent review	86126
organization arranging for the experts' review a copy of those	86127
records in the plan's possession that are relevant to the plan	86128
member's medical condition and the review. The records shall be	86129
disclosed solely to the expert reviewers and shall be used solely	86130
for the purpose of this section. At the request of the expert	86131
reviewers, the plan or the physician requesting the therapy shall	86132
provide any additional information that the expert reviewers	86133
request to complete the review. An expert reviewer is not required	86134
to render an opinion if the reviewer has not received any	86135
requested information that the reviewer considers necessary to	86136
complete the review.	86137

(7)(a) In the case of an expedited review, the independent	86138
review organization shall issue a written decision not later than	86139
seven days after the filing of the request for review. In all	86140
other cases, the independent review organization shall issue a	86141
written decision not later than thirty days after the filing of	86142
the request. The independent review organization shall send a copy	86143
of its decision to the plan and the plan member. If the plan	86144
member's provider or the health care facility rendering health	86145
care services to the plan member requested the review, the	86146
independent review organization shall also send a copy of its	86147
decision to the plan member's provider or the health care	86148
facility.	86149

(b) In conducting the review, the experts on the panel shall	86150
take into account all of the following:	86151

(i) Information submitted by the plan, the plan member, and	86152
the plan member's physician, including the plan member's medical	86153
records and the standards, criteria, and clinical rationale used	86154
by the plan to reach its coverage decision;	86155

(ii) Findings, studies, research, and other relevant	86156
documents of government agencies and nationally recognized	86157
organizations;	86158

(iii) Relevant findings in peer-reviewed medical or	86159
scientific literature and published opinions of nationally	86160
recognized medical experts;	86161

(iv) Clinical guidelines adopted by relevant national medical	86162
societies;	86163

(v) Safety, efficacy, appropriateness, and	86164
cost-effectiveness.	86165

(8) Each expert on the panel shall provide the independent	86166
review organization with a professional opinion as to whether	86167
there is sufficient evidence to demonstrate that the recommended	86168
or requested therapy is likely to be more beneficial to the plan	86169
member than standard therapies.	86170

(9) Each expert's opinion shall be presented in written form	86171
and shall include the following information:	86172

(a) A description of the plan member's condition;

86173

(b) A description of the indicators relevant to determining	86174
whether there is sufficient evidence to demonstrate that the	86175
recommended or requested therapy is more likely than not to be	86176
more beneficial to the plan member than standard therapies;	86177

(c) A description and analysis of any relevant findings	86178
published in peer-reviewed medical or scientific literature or the	86179
published opinions of medical experts or specialty societies;	86180

(d) A description of the plan member's suitability to receive	86181
the recommended or requested therapy according to a treatment	86182
protocol in a clinical trial, if applicable.	86183

(10) The independent review organization shall provide the	86184
plan with the opinions of the experts. The plan shall make the	86185
experts' opinions available to the plan member and the plan	86186
member's physician, upon request.	86187

(11) The opinion of the majority of the experts on the panel,	86188
rendered pursuant to division (C)(8) of this section, is binding	86189
on the plan with respect to that plan member. If the opinions of	86190
the experts on the panel are evenly divided as to whether the	86191
therapy should be covered, the plan's final decision shall be in	86192
favor of coverage. If less than a majority of the experts on the	86193
panel recommend coverage of the therapy, the plan may, in its	86194
discretion, cover the therapy. However, any coverage provided	86195
pursuant to division (C)(11) of this section is subject to the	86196
terms, limitations, and conditions of the plan.	86197

(12) The plan shall have written policies describing the	86198
external review process.	86199

(D) If a plan's initial denial of coverage for a therapy	86200
recommended or requested pursuant to division (A)(3) of this	86201
section is based upon an external review of that therapy meeting	86202
the requirements of division (C) of this section, this section	86203
shall not be a basis for requiring a second external review of the	86204
recommended or requested therapy.	86205

(E) At any time during the external review process, the plan	86206
may elect to cover the recommended or requested health care	86207
service and terminate the review. The plan shall notify the plan	86208
member and all other parties involved by mail or, with consent or	86209
approval of the plan member, by electronic means.	86210

(F) The plan shall annually file a certificate with the	86211
superintendent of insurance certifying its compliance with the	86212
requirements of this section.	86213

Sec. 3923.90. (A) There is hereby created the health care	86214
coverage and quality council to advise the governor, general	86215
assembly, entities in the public and private sectors, and	86216
consumers on strategies to expand affordable health insurance	86217
coverage to more individuals and to improve the cost and quality	86218
of the state's health insurance system and health care system.	86219

(B) The council shall consist of the following members:

86220

(1) The superintendent of insurance or the superintendent's	86221
designee;	86222

(2) The director of the executive medicaid management	86223
administration;	86224

(3) The director of medicaid;

86225

(4) The director of health;

86226

(5) The benefits administrator of the office of benefits	86227
administration within the department of administrative services;	86228

(6) Two members of the house of representatives, one member	86229
appointed by the speaker of the house of representatives and one	86230
member appointed by the minority leader of the house of	86231
representatives;	86232

(7) Two members of the senate, one member appointed by the	86233
president of the senate and one member appointed by the minority	86234
leader of the senate;	86235

(8) The following members appointed by the governor, with the	86236
advice and consent of the senate:	86237

(a) Two representatives of consumers of health care services;

86238

(b) Two representatives of employers that provide health care	86239
coverage to their employees;	86240

(c) Two representatives of medical facilities, at least one	86241
of whom is a representative of a research and academic medical	86242
center;	86243

(d) Two individuals authorized under Chapter 4731. of the	86244
Revised Code to practice medicine and surgery or osteopathic	86245
medicine and surgery;	86246

(e) Two individuals or representatives of individuals	86247
authorized to practice any of the following:	86248

(i) Dentistry under Chapter 4715. of the Revised Code;

86249

(ii) Optometry under Chapter 4725. of the Revised Code;

86250

(iii) Podiatry under Chapter 4731. of the Revised Code;

86251

(iv) Chiropractic under Chapter 4734. of the Revised Code.

86252

(f) Two representatives of companies authorized under Chapter	86253
3923. of the Revised Code to do the business of sickness and	86254
accident insurance in this state or of health insuring	86255
corporations holding certificates of authority under Chapter 1751.	86256
of the Revised Code;	86257

(g) Two representatives of organized labor;

86258

(h) One representative of a nonprofit organization	86259
experienced in health care data collection and analysis;	86260

(i) One individual with expertise in health information	86261
technology and exchange;	86262

(j) One representative of a state retirement system;

86263

(k) One public health professional.

86264

(9) Other members appointed by the superintendent of	86265
insurance.	86266

(C) Not later than thirty days after the effective date of	86267
this section, initial appointments shall be made to the council.	86268
The initial legislative members shall be appointed for terms	86269
ending three years from the date of appointment. The initial	86270
members appointed by the governor and the superintendent of	86271
insurance shall serve staggered terms of one, two, or three years,	86272
as selected by the governor or superintendent when making their	86273
respective appointments. Thereafter, terms of office for all	86274
appointed members shall be three years, with each term ending on	86275
the same day of the same month as the term it succeeds. Each	86276
member shall hold office from the date of appointment until the	86277
end of the term for which the member was appointed, except that a	86278
legislative member ceases to be a member of the council on	86279
ceasing to be a member of the general assembly. Members may be	86280
reappointed.	86281

Vacancies shall be filled in the same manner as original	86282
appointments. Any member appointed to fill a vacancy occurring	86283
prior to the expiration of the term for which the member's	86284
predecessor was appointed shall hold office for the remainder of	86285
that term. A member shall continue in office subsequent to the	86286
expiration date of the member's term until the member's successor	86287
takes office or until a period of sixty days has elapsed,	86288
whichever occurs first.	86289

(D) The superintendent or the superintendent's designee shall	86290
serve as chairperson of the council. The council shall meet at the	86291
call of the chair. A majority of the members of the council	86292
constitutes a quorum.	86293

(E) Members shall serve without compensation, except to the	86294
extent that serving on the council is considered part of their	86295
regular employment duties.	86296

(F) The superintendent may provide staff and other	86297
administrative support for the council to carry out its duties. In	86298
making staffing decisions, the superintendent may consider any	86299
recommendations made by the council.	86300

(G) Sections 101.82 to 101.87 of the Revised Code do not	86301
apply to the health care coverage and quality council.	86302

Sec. 3923.91. (A) The health care coverage and quality	86303
council shall do all of the following:	86304

(1) Advise the governor and general assembly on strategies to	86305
improve health care programs and health insurance policies and	86306
benefit plans;	86307

(2) Monitor and evaluate implementation of strategies for	86308
improving access to health insurance coverage and improving the	86309
quality of the state's health care system, identify barriers to	86310
implementing those strategies, and identify methods for overcoming	86311
the barriers;	86312

(3) Catalog existing health care data reporting efforts and	86313
make recommendations to improve data reporting in a manner that	86314
increases transparency and consistency in the health care and	86315
insurance coverage systems;	86316

(4) Study health care financing alternatives that will	86317
increase access to health insurance coverage, promote disease	86318
prevention and injury prevention, contain costs, and improve	86319
quality;	86320

(5) Evaluate the systems that individuals use to obtain or	86321
otherwise become connected with health insurance and recommend	86322
improvements to those systems or the use of alternative systems;	86323

(6) Recommend minimum coverage standards for basic and	86324
standard health insurance plans offered by insurance carriers;	86325

(7) Recommend strategies, such as subsidies, to assist	86326
individuals in being able to afford health insurance coverage;	86327

(8) Recommend strategies to implement health information	86328
technology to support improved access and quality and reduced	86329
costs in the state's health care system;	86330

(9) Study alternative care management options for medicaid	86331
recipients who are not required to participate in the care	86332
management system established under section 5111.16 of the Revised	86333
Code;	86334

(10) Perform any other duties specified in rules adopted by	86335
the superintendent of insurance.	86336

(B) The council shall prepare and issue an annual report,	86337
which may include recommendations, on or before the thirty-first	86338
day of December of each year. The council may prepare and issue	86339
other reports and recommendations at other times that the council	86340
finds appropriate.	86341

(C) The superintendent may adopt rules as necessary for the	86342
council to carry out its duties. The rules shall be adopted under	86343
Chapter 119. of the Revised Code. In adopting the rules, the	86344
superintendent may consider any recommendations made by the	86345
council.	86346

Sec. 3924.06. (A) Compliance with the underwriting and	86347
rating requirements contained in sections 3924.01 to 3924.14 of	86348
the Revised Code shall be demonstrated through actuarial	86349
certification. Carriers offering health benefit plans to small	86350
employers shall file annually with the superintendent of insurance	86351
an actuarial certification stating that the underwriting and	86352
rating methods of the carrier do all of the following:	86353

(1) Comply with accepted actuarial practices;

86354

(2) Are uniformly applied to health benefit plans covering	86355
small employers;	86356

(3) Comply with the applicable provisions of sections 3924.01	86357
to 3924.14 of the Revised Code.	86358

(B) If a carrier has established a separate class of business	86359
for one or more small employer health care alliances in accordance	86360
with section 1731.09 of the Revised Code, this section shall apply	86361
in accordance with section 1731.09 of the Revised Code.	86362

(C) Carriers offering health benefit plans to small employers	86363
shall file premium rates with the superintendent in accordance	86364
with section 3923.02 of the Revised Code with respect to the	86365
carrier's sickness and accident insurance policies sold to small	86366
employers and in accordance with section 1751.12 of the Revised	86367
Code with respect to the carrier's health insuring corporation	86368
policies sold to small employers.	86369

Sec. 3929.43. (A) The Ohio fair plan underwriting	86370
association is hereby created consisting of all insurers	86371
authorized to write within this state, on a direct basis, basic	86372
property insurance or any component thereof in multi-peril	86373
policies, to assist applicants in urban areas to secure basic	86374
property insurance or homeowners insurance, and to formulate and	86375
administer a program for the equitable apportionment of basic	86376
property insurance or homeowners insurance which cannot be	86377
obtained in the normal market. Every such insurer shall be a	86378
member of the association and shall remain a member as a condition	86379
of its authority to write any of such insurance in this state.	86380

(B) The association, pursuant to sections 3929.41 to 3929.49	86381
of the Revised Code, and the plan of operation, with respect to	86382
basic property insurance or homeowners insurance, may assume and	86383
cede reinsurance on insurable risks written by its members.	86384

(C) The board of governors of the association shall submit to	86385
the superintendent of insurance, for ~~his~~ approval, a proposed plan	86386
of operation which shall provide for economical, fair, and	86387
nondiscriminatory administration of a program for the equitable	86388
apportionment among members of basic property insurance or	86389
homeowners insurance which may be afforded in urban areas to	86390
applicants whose property is insurable in accordance with	86391
reasonable underwriting standards, but who are unable to procure	86392
such insurance through normal channels. The association is under	86393
no obligation to issue basic property insurance or homeowners	86394
insurance to any person, unless that person and ~~his~~that person's	86395
property would be insurable in the normal insurance market, and	86396
such property, except for its location, would constitute an	86397
insurable risk in accordance with reasonable underwriting	86398
standards. The plan of operation shall provide that the	86399
association, in determining whether the property is insurable,	86400
shall give no consideration to the condition of surrounding	86401
property or properties, where such condition is not within the	86402
control of the applicant. Rates for basic property insurance and	86403
homeowners insurance shall ~~not exceed those rates filed with~~be	86404
subject to the approval of the superintendent ~~by the major rating~~	86405
~~organization in this state, except that in the case of homeowners~~	86406
~~insurance the association may file deviations to the rating plan~~	86407
~~previously filed by such rating organization, and such deviations~~	86408
~~shall be subject to the approval of the superintendent in the same~~	86409
~~manner as other deviations under Chapter 3935. of the Revised~~	86410
~~Code~~. The plan of operation may also provide for assessment of all	86411
members in amounts sufficient to operate the association, maximum	86412
limits of liability per location to be placed through the program,	86413
reasonable underwriting standards for determining insurability of	86414
a risk, and the commission to be paid to the licensed producer	86415
designated by the applicant. The superintendent shall adopt such	86416
plan and all amendments thereto pursuant to Chapter 119. of the	86417
Revised Code.	86418

If the superintendent disapproves the proposed plan of	86419
operation, the board of governors shall, within fifteen days,	86420
submit for approval an appropriately revised plan of operation and	86421
if the board of governors fails to do so, or if the revised plan	86422
submitted is unacceptable, the superintendent shall promulgate a	86423
plan of operation.	86424

If amendment of the plan of operation is requested by the	86425
superintendent or the board of governors, the board of governors	86426
shall submit to the superintendent, for ~~his~~ approval, such	86427
amendments. If such amendments are not approved by the	86428
superintendent, the board of governors shall, within fifteen days,	86429
submit for approval an appropriately revised amendment. If the	86430
board of governors fails to do so, or if the amendment is not	86431
approved by the superintendent, the superintendent shall	86432
promulgate such amendment as hethe superintendent finds	86433
necessary.	86434

(D)(1) The plan of operation may provide for periodic advance	86435
assessments against member insurers in amounts considered	86436
necessary to cover any deficit or projected deficit arising out of	86437
the operation of the association. Any provision in the plan for	86438
implementation of such advance assessments shall be approved by	86439
the superintendent. Any such provision in the plan shall also	86440
provide for quarterly or other periodic installment payment of	86441
such assessments.	86442

(2) Such plan shall provide a method whereby member insurers	86443
may recoup assessments levied by the association. In order to	86444
recoup such assessments the plan may also provide for the	86445
calculation and use of rates or rating factors to be applied to	86446
direct premiums for basic property insurance and homeowners	86447
insurance located in this state. Such a provision is subject to	86448
the approval of the superintendent. Member insurers of the	86449
association implementing a change in rates pursuant to this	86450
section shall file such changes with the superintendent. Such	86451
changes shall not increase rates more than the amount authorized	86452
by the association and approved by the superintendent pursuant to	86453
the plan. The association may consult with member insurers or	86454
licensed rating bureaus in connection with the establishment and	86455
operation of any such provision.	86456

(E) Any insurer which is a member of the association shall	86457
participate in the writings, expenses, profits, and losses of the	86458
association in the proportion that its premiums written bear to	86459
the aggregate premiums written by all members of the association,	86460
except that this division shall not be construed to preclude the	86461
board of governors from taking action to adjust assessments in	86462
accordance with a program adopted pursuant to division (I) of this	86463
section.	86464

(F) Such plan shall require the issuance of a binder	86465
providing coverage for which the applicant tenders an amount equal	86466
to the annual premium as estimated by the association, ~~such~~or an	86467
appropriate percentage of that annual premium as determined by the	86468
association. The binder ~~taking~~shall take effect ~~fifteen days~~	86469
~~following the date of~~the day after the association receives the	86470
application, provided that the application meets the underwriting	86471
standards of the association, for such term, and under such	86472
conditions as are determined by the superintendent ~~of insurance~~.	86473
The superintendent may alter such time requirement on a specific	86474
risk under such conditions as hethe superintendent finds	86475
appropriate.	86476

(G) The association shall be governed by a board of governors	86477
consisting of twelve members, four of whom shall be appointed by	86478
the governor with the advice and consent of the senate. One of	86479
such members shall be a licensed agent writing basic property	86480
insurance for more than one insurer. None of the other three such	86481
members shall be a director, officer, salaried employee, agent, or	86482
substantial shareholder of any insurance company and not more than	86483
two of these three members shall be members of the same political	86484
party. Terms of office of members appointed by the governor shall	86485
be for two years, commencing on the nineteenth day of September	86486
and ending on the eighteenth day of September. Each member shall	86487
hold office from the date of ~~his~~ appointment until the end of the	86488
term for which hethe member was appointed. Any member appointed	86489
to fill a vacancy occurring prior to the expiration of the term	86490
for which ~~his~~the member's predecessor was appointed shall hold	86491
office for the remainder of such term. Any appointed member shall	86492
continue in office subsequent to the expiration date of ~~his~~the	86493
member's term until ~~his~~the member's successor takes office, or	86494
until a period of sixty days has elapsed, whichever occurs first.	86495
The remaining eight members shall be representatives from member	86496
companies, at least five of whom shall be Ohio domiciled members,	86497
elected annually by accumulated voting by members of the	86498
association whose votes shall be weighed in accordance with each	86499
member's premiums written during the second preceding calendar	86500
year. Not more than one insurer in a group under the same	86501
management or ownership shall serve on the board of governors at	86502
the same time. The eight representatives of member companies shall	86503
be elected at a meeting of the members or their authorized	86504
representatives, which shall be held at a time and place	86505
designated by the superintendent.	86506

(H) The plan shall be administered under the supervision of	86507
the superintendent.	86508

(I) The board of governors shall adopt a written program for	86509
decreasing the overall utilization of the association as a source	86510
of insurance. The program shall set forth actions that the board	86511
shall take to decrease such utilization, including actions	86512
intended to reduce the number of policies issued, the number of	86513
persons whose properties are insured, and the total amount and	86514
kinds of insurance written by the association, provided this	86515
division does not authorize the board to take action intended to	86516
decrease utilization of the association as a source of insurance	86517
if such action would substantially conflict with the purposes set	86518
forth in divisions (A), (B), and (D) of section 3929.41 of the	86519
Revised Code or the plan of operation of the association.	86520

Sec. 3937.41. (A) As used in this section:

86521

(1) "Ambulance" has the same meaning as in section 4765.01 of	86522
the Revised Code and also includes private ambulance companies	86523
under contract to a municipal corporation, township, or county.	86524

(2) "Emergency vehicle" means any of the following:

86525

(a) Any vehicle, as defined in section 4511.01 of the Revised	86526
Code, that is an emergency vehicle of a municipal, township, or	86527
county department or public utility corporation and that is	86528
identified as such as required by law, the director of public	86529
safety, or local authorities;	86530

(b) Any motor vehicle, as defined in section 4511.01 of the	86531
Revised Code, when commandeered by a police officer;	86532

(c) Any vehicle, as defined in section 4511.01 of the Revised	86533
Code, that is an emergency vehicle of a qualified nonprofit	86534
corporation police department established pursuant to section	86535
1702.80 of the Revised Code and that is identified as an emergency	86536
vehicle;	86537

(d) Any vehicle, as defined in section 4511.01 of the Revised	86538
Code, that is an emergency vehicle of a proprietary police	86539
department or security department of a hospital operated by a	86540
public hospital agency or a nonprofit hospital agency that employs	86541
police officers under section 4973.17 of the Revised Code, and	86542
that is identified as an emergency vehicle.	86543

(3) "Firefighter" means any regular, paid, member of a	86544
lawfully constituted fire department of a municipal corporation or	86545
township.	86546

(4) "Law enforcement officer" means aany of the following:

86547

(a) A sheriff, deputy sheriff, constable, marshal, deputy	86548
marshal, municipal orpolice officer, police officer of a township	86549
or joint township police ~~officer~~district, state highway patrol	86550
trooper, or member of a police force employed by a metropolitan	86551
housing authority under division (D) of section 3735.31 of the	86552
Revised Code;	86553

(b) A police officer employed by a qualified nonprofit police	86554
department pursuant to section 1702.80 of the Revised Code, or	86555
police officer employed by a proprietary police department or	86556
security department of a hospital operated by a public hospital	86557
agency or nonprofit hospital agency pursuant to section 4973.17 of	86558
the Revised Code;	86559

(c) An officer, agent, or employee of the state or any of its	86560
agencies, instrumentalities, or political subdivisions, upon whom,	86561
by statute, a duty to conserve the peace or to enforce all or	86562
certain laws is imposed and the authority to arrest violators is	86563
conferred, within the limits of that statutory duty and authority;	86564

(d) A veterans' home police officer appointed under section	86565
5907.02 of the Revised Code;	86566

(e) A member of a police force employed by a regional transit	86567
authority under division (Y) of section 306.35 of the Revised	86568
Code.	86569

(5) "Motor vehicle accident" means any accident involving a	86570
motor vehicle which results in bodily injury to any person, or	86571
damage to the property of any person.	86572

(6) "Investigator" means an investigator of the bureau of	86573
criminal identification and investigation as defined in section	86574
2903.11 of the Revised Code.	86575

(B) No insurer shall consider the circumstance that an	86576
applicant or policyholder has been involved in a motor vehicle	86577
accident while in the pursuit of the applicant's or policyholder's	86578
official duties as a law enforcement officer, firefighter,	86579
investigator, or operator of an emergency vehicle or ambulance,	86580
while operating a vehicle engaged in mowing or snow and ice	86581
removal as a county, township, or department of transportation	86582
employee, or while operating a vehicle while engaged in the	86583
pursuit of the applicant's or policyholder's official duties as a	86584
member of the motor carrier enforcement unit of the state highway	86585
patrol under section 5503.34 of the Revised Code, as a basis for	86586
doing either of the following:	86587

(1) Refusing to issue or deliver a policy of insurance upon a	86588
private automobile, or increasing the rate to be charged for such	86589
a policy;	86590

(2) Increasing the premium rate, canceling, or failing to	86591
renew an existing policy of insurance upon a private automobile.	86592

(C) Any applicant or policyholder affected by an action of an	86593
insurer in violation of this section may appeal to the	86594
superintendent of insurance. After a hearing held upon not less	86595
than ten days' notice to the applicant or policyholder and to the	86596
insurer and if the superintendent determines that the insurer has	86597
violated this section, the superintendent may direct the issuance	86598
of a policy, decrease the premium rate on a policy, or reinstate	86599
insurance coverage.	86600

(D) The employer of the law enforcement officer, firefighter,	86601
investigator, or operator of an emergency vehicle or ambulance,	86602
operator of a vehicle engaged in mowing or snow and ice removal,	86603
or operator of a vehicle who is a member of the motor carrier	86604
enforcement unit, except as otherwise provided in division (F) of	86605
this section, shall certify to the state highway patrol or law	86606
enforcement agency that investigates the accident whether the	86607
officer, firefighter, investigator, or operator of an emergency	86608
vehicle or ambulance, operator of a vehicle engaged in mowing or	86609
snow and ice removal, or operator of a vehicle who is a member of	86610
the motor carrier enforcement unit, was engaged in the performance	86611
of the person's official duties as such employee at the time of	86612
the accident. The employer shall designate an official authorized	86613
to make the certifications. The state highway patrol or law	86614
enforcement agency shall include the certification in any report	86615
of the accident forwarded to the department of public safety	86616
pursuant to sections 5502.11 and 5502.12 of the Revised Code and	86617
shall forward the certification to the department if received	86618
after the report of the accident has been forwarded to the	86619
department. The registrar of motor vehicles shall not include an	86620
accident in a certified abstract of information under division (A)	86621
of section 4509.05 of the Revised Code, if the person involved has	86622
been so certified as having been engaged in the performance of the	86623
person's official duties at the time of the accident.	86624

(E) Division (B) of this section does not apply to an insurer	86625
whose policy covers the motor vehicle at the time the motor	86626
vehicle is involved in an accident described in division (B) of	86627
this section.	86628

(F) Division (B) of this section does not apply if an	86629
applicant or policyholder, on the basis of the applicant's or	86630
policyholder's involvement in an accident described in that	86631
division, is convicted of or pleads guilty or no contest to a	86632
violation of section 4511.19 of the Revised Code or a municipal	86633
OVI ordinance as defined in section 4511.181 of the Revised Code.	86634

Sec. 3951.01. As used in sections 3951.01 to 3951.09,	86635
inclusive, of the Revised Code:	86636

(A) "Lending institution" means a lending institution, as	86637
defined in division ~~(E)~~(L) of section 175.01 of the Revised Code,	86638
that is not organized for the purpose of qualifying to do business	86639
as a public insurance adjuster in this state, as determined by the	86640
superintendent, and that has been engaged in business as a bona	86641
fide lending institution for at least five years, and any member	86642
of an affiliated group, as defined by division (B)(3)(e) of	86643
section 5739.01 of the Revised Code, associated with a lending	86644
institution, which member has been a member of the affiliated	86645
group for at least five years and which member is not organized or	86646
affiliated with the lending institution for the purpose of	86647
qualifying to do business as a public insurance adjuster in this	86648
state, as determined by the superintendent.	86649

(B) "Public insurance adjuster" means any person, firm,	86650
association, partnership, or corporation who, for compensation,	86651
acts on behalf of or aids in any manner, an insurer or insured or	86652
another in negotiating for, or effecting the settlement of a claim	86653
or claims for loss or damage under any policy of insurance	86654
covering real or personal property, and any person, firm,	86655
association, partnership, or corporation who advertises, solicits	86656
business, or holds itself out to the public as an adjuster of such	86657
insurance claims, and any person who for compensation	86658
investigates, settles, adjusts, advises, or assists an insurer or	86659
insured with reference to claims for such losses, on behalf of any	86660
such public insurance adjuster.	86661

(C) "Public insurance adjuster agent" means any person who is	86662
a bona fide employee of a public insurance adjuster and who aids	86663
in the adjustment, investigation, and in securing of any contract	86664
for the adjustment of a loss.	86665

(D) "Superintendent" means the superintendent of insurance	86666
acting as director of the department of insurance.	86667

(E) Nothing contained in Chapter 3951. of the Revised Code	86668
shall apply to the following:	86669

(1) An attorney at law admitted to practice in this state who	86670
adjusts insurance losses in the course of the practice of the	86671
attorney's profession and who does not hold the attorney out by	86672
sign, advertisement, or otherwise as offering such services to the	86673
general public;	86674

(2) An officer, agent, or regular salaried employee of an	86675
insurer, or underwriter, or any attorney in fact of any reciprocal	86676
insurer of ~~Lloyds~~Lloyd's underwriter licensed to do business in	86677
this state who adjusts losses arising under the employer's or	86678
principal's own policies; or an underwriter by whom a policy of	86679
insurance against loss or damage or other causes has been written	86680
upon property within this state, in adjusting loss or damage under	86681
such policy, nor to an agent or broker acting as adjuster for the	86682
agent's or broker's own company;	86683

(3) An adjustment bureau or association owned and maintained	86684
by insurers to adjust or investigate losses of such insurers, or	86685
any regularly salaried employee thereof who devotes substantially	86686
all of the employee's time to the business of such bureau or	86687
association;	86688

(4) Any licensed agent or employee or officer of such agent	86689
or agency of an authorized insurer who adjusts losses for such	86690
insurer solely under policies issued through such agency;	86691

(5) Any independent adjuster representing an insurer.

86692

Sec. 4104.01. As used in sections 4104.01 to 4104.20 and	86693
section 4104.99 of the Revised Code:	86694

(A) "Board of building standards" or "board" means the board	86695
established by section 3781.07 of the Revised Code.	86696

(B) "Superintendent" means the superintendent of ~~the division~~	86697
~~of industrial compliance~~labor created by section 121.04 of the	86698
Revised Code.	86699

(C) "Boiler" means a closed vessel in which water is heated,	86700
steam is generated, steam is superheated, or any combination	86701
thereof, under pressure or vacuum for use externally to itself by	86702
the direct application of heat from the combustion of fuels, or	86703
from electricity or nuclear energy. "Boiler" includes fired units	86704
for heating or vaporizing liquids other than water where these	86705
units are separate from processing systems and are complete within	86706
themselves.	86707

(D) "Power boiler" means a boiler in which steam or other	86708
vapor (to be used externally to itself) is generated at a pressure	86709
of more than fifteen psig.	86710

(E) "High pressure, high temperature water boiler" means a	86711
water heating boiler operating at pressures exceeding one hundred	86712
sixty psig or temperatures exceeding two hundred fifty degrees	86713
Fahrenheit.	86714

(F) "Low pressure boiler" means a steam boiler operating at	86715
pressures not exceeding fifteen psig, or a hot water heating	86716
boiler operating at pressures not exceeding one hundred sixty psig	86717
or temperatures not exceeding two hundred fifty degrees	86718
Fahrenheit.	86719

(G) "Pressure vessel" means a container for the containment	86720
of pressure, either internal or external. This pressure may be	86721
obtained from an external source or by the application of heat	86722
from a direct or indirect source or any combination thereof.	86723

(H) "Process boiler" means a boiler to which all of the	86724
following apply:	86725

(1) The steam in the boiler is either generated or	86726
superheated, or both, under pressure or vacuum for use external to	86727
itself.	86728

(2) The source of heat for the boiler is in part or in whole	86729
from a process other than the boiler itself.	86730

(3) The boiler is part of a continuous processing unit, such	86731
as used in chemical manufacture or petroleum refining, other than	86732
a steam-generated process unit.	86733

(I) "Stationary steam engine" means an engine or turbine in	86734
which the mechanical force arising from the elasticity and	86735
expansion action of steam or from its property of rapid	86736
condensation or from a combination of the two is made available as	86737
a motive power.	86738

Sec. 4104.02. The board of building standards shall:

86739

(A) Formulate rules for the construction, installation,	86740
repair, conservation of energy, and operation of boilers and the	86741
construction and repair of pressure vessels and for ascertaining	86742
the safe working pressures to be carried on such boilers and	86743
pressure vessels and the qualification of inspectors of boilers	86744
and pressure vessels;	86745

(B) Prescribe tests, if it is considered necessary, to	86746
ascertain the qualities of materials used in the construction of	86747
boilers and pressure vessels;	86748

(C) Adopt rules regulating the construction and sizes of	86749
safety valves for boilers and pressure vessels of different sizes	86750
and pressures, for the construction, use, and location of fusible	86751
plugs, appliances for indicating the pressure of steam and level	86752
of water in the boiler or pressure vessels, and such other	86753
appliances as the board considers necessary to safety in operating	86754
boilers;	86755

(D) Establish reasonable fees for the performance of reviews,	86756
surveys, or audits of manufacturer's facilities by the division of	86757
~~industrial compliance~~labor for certification by the American	86758
society of mechanical engineers and the national board of boiler	86759
and pressure vessel inspectors;	86760

(E) The definitions and rules adopted by the board for the	86761
construction, installation, repair, conservation of energy, and	86762
operation of boilers and the construction and repair of pressure	86763
vessels and for ascertaining the safe working pressures to be used	86764
on such boilers and pressure vessels shall be based upon and	86765
follow generally accepted engineering standards, formulae, and	86766
practices established and pertaining to boilers and pressure	86767
vessel construction, operation, and safety, and the board may, for	86768
this purpose, adopt existing published standards as well as	86769
amendments thereto subsequently published by the same authority.	86770

When a person desires to manufacture a special type of boiler	86771
or pressure vessel, the design of which is not covered by the	86772
rules of the board, the person shall submit drawings and	86773
specifications of such boiler or pressure vessel to the board for	86774
investigation, after which the board may permit its installation.	86775

The provisions of sections 119.03 and 119.11 of the Revised	86776
Code in particular, and the applicable provisions of Chapter 119.	86777
of the Revised Code in general, shall govern the proceedings of	86778
the board of building standards in adopting, amending, or	86779
rescinding rules pursuant to this section.	86780

Sec. 4104.06. (A) The inspection of boilers and their	86781
appurtenances and pressure vessels shall be made by the	86782
inspectors mentioned in sections 4104.07 to 4104.20 of the Revised	86783
Code. The superintendent of ~~industrial compliance~~labor shall	86784
administer and enforce such sections and rules adopted by the	86785
board of building standards pursuant to section 4104.02 of the	86786
Revised Code.	86787

(B) The superintendent shall adopt, amend, and repeal rules	86788
exclusively for the issuance, renewal, suspension, and revocation	86789
of certificates of competency and certificates of operation, for	86790
conducting hearings in accordance with Chapter 119. of the Revised	86791
Code related to these actions, and for the inspection of boilers	86792
and their appurtenances, and pressure vessels.	86793

(C) Notwithstanding division (B) of this section, the	86794
superintendent shall not adopt rules relating to construction,	86795
maintenance, or repair of boilers and their appurtenances, or	86796
repair of pressure vessels.	86797

(D) The superintendent and each general inspector may enter	86798
any premises and any building or room at all reasonable hours to	86799
perform an examination or inspection.	86800

Sec. 4104.07. (A) An application for examination as an	86801
inspector of boilers and pressure vessels shall be in writing,	86802
accompanied by a fee of one hundred fifty dollars, upon a blank to	86803
be furnished by the superintendent of ~~industrial compliance~~labor.	86804
Any moneys collected under this section shall be paid into the	86805
state treasury to the credit of the ~~industrial compliance~~labor	86806
operating fund created in section 121.084 of the Revised Code.	86807

(B) The superintendent shall determine if an applicant meets	86808
all the requirements for examination in accordance with rules	86809
adopted by the board of building standards under section 4104.02	86810
of the Revised Code. An application shall be rejected which	86811
contains any willful falsification, or untruthful statements.	86812

(C) An applicant shall be examined by the superintendent, by	86813
a written examination, prescribed by the board, dealing with the	86814
construction, installation, operation, maintenance, and repair of	86815
boilers and pressure vessels and their appurtenances, and the	86816
applicant shall be accepted or rejected on the merits of the	86817
applicant's application and examination.	86818

(D) Upon a favorable report by the superintendent of the	86819
result of an examination, the superintendent shall immediately	86820
issue to the successful applicant a certificate of competency to	86821
that effect.	86822

Sec. 4104.08. (A) The director of commerce may appoint from	86823
the holders of certificates of competency provided for in section	86824
4104.07 of the Revised Code, general inspectors of boilers and	86825
pressure vessels.	86826

(B) Any company authorized to insure boilers and pressure	86827
vessels against explosion in this state may designate from holders	86828
of certificates of competency issued by the superintendent of	86829
~~industrial compliance~~labor, or holders of certificates of	86830
competency or commissions issued by other states or nations whose	86831
examinations for certificates or commissions have been approved by	86832
the board of building standards, persons to inspect and stamp	86833
boilers and pressure vessels covered by the company's policies,	86834
and the superintendent shall issue to such persons commissions	86835
authorizing them to act as special inspectors. Special inspectors	86836
shall be compensated by the company designating them.	86837

(C) The director ~~of commerce~~ shall establish an annual fee to	86838
be charged by the superintendent for each certificate of	86839
competency or commission the superintendent issues.	86840

(D) The superintendent shall issue to each general or special	86841
inspector a commission to the effect that the holder thereof is	86842
authorized to inspect boilers and pressure vessels in this state.	86843

(E) No person shall be authorized to act as a general	86844
inspector or a special inspector who is directly or indirectly	86845
interested in the manufacture or sale of boilers or pressure	86846
vessels.	86847

Sec. 4104.09. The certificate of competency issued under	86848
section 4104.07 of the Revised Code or the commission provided for	86849
in section 4104.08 of the Revised Code may be revoked by the	86850
superintendent of ~~industrial compliance~~labor for the incompetence	86851
or untrustworthiness of the holder thereof, or for willful	86852
falsification of any matter or statement contained in the holder's	86853
application or in a report of any inspection in accordance with	86854
Chapter 119. of the Revised Code. If a certificate or commission	86855
is lost or destroyed, a new certificate or commission shall be	86856
issued in its place without another examination.	86857

Sec. 4104.10. All unfired pressure vessels, except unfired	86858
pressure vessels exempt under section 4104.04 of the Revised Code,	86859
shall be thoroughly inspected during fabrication and upon	86860
completion and shall not be operated until a copy of the	86861
manufacturers' data report, properly executed and signed by the	86862
inspector is filed in the office of the superintendent of	86863
~~industrial compliance~~labor. All unfired pressure vessels shall	86864
conform in every detail with applicable rules adopted by the board	86865
of building standards pursuant to section 4104.02 of the Revised	86866
Code.	86867

Sec. 4104.101. (A) No person shall install or make major	86868
repairs or modifications to any boiler without first registering	86869
to do so with the division of ~~industrial compliance~~labor.	86870

(B) No person shall make any installation or major repair or	86871
modification of any boiler without first obtaining a permit to do	86872
so from the division. The permit application form shall provide	86873
the name and address of the owner, location of the boiler, and	86874
type of repair or modification that will be made. The application	86875
permit fee shall be ~~fifty~~one hundred dollars.	86876

(C) The superintendent of ~~industrial compliance~~labor shall	86877
require annual registration of all contractors who install, make	86878
major repairs to, or modify any boiler. The board of building	86879
standards shall establish a reasonable fee to cover the cost of	86880
processing registrations.	86881

Sec. 4104.12. All boilers, except boilers mentioned in	86882
section 4104.04 of the Revised Code, shall be inspected when	86883
installed and shall not be operated until an appropriate	86884
certificate of operation has been issued by the superintendent of	86885
~~the division of industrial compliance~~labor. The certificate of	86886
operation required by this section shall not be issued for any	86887
boiler which has not been thoroughly inspected during construction	86888
and upon completion, by either a general or special inspector, and	86889
which does not conform in every detail with the rules adopted by	86890
the board of building standards and unless, upon completion, such	86891
boiler is distinctly stamped under such rules by such inspector.	86892

Sec. 4104.15. (A) All certificates of inspection for	86893
boilers, issued prior to October 15, 1965, are valid and effective	86894
for the period set forth in such certificates unless sooner	86895
withdrawn by the superintendent of ~~industrial compliance~~labor.	86896
The owner or user of any such boiler shall obtain an appropriate	86897
certificate of operation for such boiler, and shall not operate	86898
such boiler, or permit it to be operated unless a certificate of	86899
operation has been obtained in accordance with section 4104.17 of	86900
the Revised Code.	86901

(B) If, upon making the internal and external inspection	86902
required under sections 4104.11, 4104.12, and 4104.13 of the	86903
Revised Code, the inspector finds the boiler to be in safe working	86904
order, with the fittings necessary to safety, and properly set up,	86905
upon the inspector's report to the superintendent, the	86906
superintendent shall issue to the owner or user thereof, or renew,	86907
upon application and upon compliance with sections 4104.17 and	86908
4104.18 of the Revised Code, a certificate of operation which	86909
shall state the maximum pressure at which the boiler may be	86910
operated, as ascertained by the rules of the board of building	86911
standards. Such certificates shall also state the name of the	86912
owner or user, the location, size, and number of each boiler, and	86913
the date of issuance, and shall be so placed as to be easily read	86914
in the engine room or boiler room of the plant where the boiler is	86915
located, except that the certificate of operation for a portable	86916
boiler shall be kept on the premises and shall be accessible at	86917
all times.	86918

(C) If an inspector at any inspection finds that the boiler	86919
or pressure vessel is not in safe working condition, or is not	86920
provided with the fittings necessary to safety, or if the fittings	86921
are improperly arranged, the inspector shall immediately notify	86922
the owner or user and person in charge of the boiler and shall	86923
report the same to the superintendent who may revoke, suspend, or	86924
deny the certificate of operation and not renew the same until the	86925
boiler or pressure vessel and its fittings are put in condition to	86926
insure safety of operation, and the owner or user shall not	86927
operate the boiler or pressure vessel, or permit it to be operated	86928
until such certificate has been granted or restored.	86929

(D) If the superintendent or a general boiler inspector finds	86930
that a pressure vessel or boiler or a part thereof poses an	86931
explosion hazard that reasonably can be regarded as posing an	86932
imminent danger of death or serious physical harm to persons, the	86933
superintendent or the general boiler inspector shall seal the	86934
pressure vessel or boiler and order, in writing, the operator or	86935
owner of the pressure vessel or boiler to immediately cease the	86936
pressure vessel's or boiler's operation. The order shall be	86937
effective until the nonconformities are eliminated, corrected, or	86938
otherwise remedied, or for a period of seventy-two hours from the	86939
time of issuance, whichever occurs first. During the	86940
seventy-two-hour period, the superintendent may request that the	86941
prosecuting attorney or city attorney of Franklin county or of the	86942
county in which the pressure vessel or boiler is located obtain an	86943
injunction restraining the operator or owner of the pressure	86944
vessel or boiler from continuing its operation after the	86945
seventy-two-hour period expires until the nonconformities are	86946
eliminated, corrected, or otherwise remedied.	86947

(E) Each boiler which has been inspected shall be assigned a	86948
number by the superintendent, which number shall be stamped on a	86949
nonferrous metal tag affixed to the boiler or its fittings by seal	86950
or otherwise. No person except an inspector shall deface or remove	86951
any such number or tag.	86952

(F) If the owner or user of any pressure vessel or boiler	86953
disagrees with the inspector as to the necessity for shutting down	86954
a pressure vessel or boiler or for making repairs or alterations	86955
in it, or taking any other measures for safety that are requested	86956
by an inspector, the owner or user may appeal from the decision of	86957
the inspector to the superintendent, who may, after such other	86958
inspection by a general inspector or special inspector as the	86959
superintendent deems necessary, decide the issue.	86960

(G) Neither sections 4104.01 to 4104.20 of the Revised Code,	86961
nor an inspection or report by any inspector, shall relieve the	86962
owner or user of a pressure vessel or boiler of the duty of using	86963
due care in the inspection, operation, and repair of the pressure	86964
vessel or boiler or of any liability for damages for failure to	86965
inspect, repair, or operate the pressure vessel or boiler safely.	86966

Sec. 4104.16. The owner or user of any boiler required by	86967
sections 4104.01 to 4104.20 of the Revised Code, to be inspected,	86968
shall immediately notify the superintendent of ~~the division of~~	86969
~~industrial compliance~~labor in case a defect affecting the safety	86970
of the boiler is discovered.	86971

The owner or user of any stationary boiler required by such	86972
sections to be inspected, who moves the same, shall report to the	86973
superintendent the new location of the boiler. Such boiler shall	86974
be inspected before it is again operated.	86975

Sec. 4104.17. Certificates of operation issued for boilers	86976
subject to inspection under Chapter 4104. of the Revised Code	86977
shall be issued and renewed in accordance with and at dates	86978
prescribed by rules and regulations adopted by the superintendent	86979
of ~~industrial compliance~~labor.	86980

Sec. 4104.18. (A) The owner or user of a boiler required	86981
under section 4104.12 of the Revised Code to be inspected upon	86982
installation, and the owner or user of a boiler for which a	86983
certificate of inspection has been issued which is replaced with	86984
an appropriate certificate of operation, shall pay to the	86985
superintendent of ~~industrial compliance~~labor a fee in the amount	86986
of ~~forty-five~~fifty dollars for boilers subject to annual	86987
inspections under section 4104.11 of the Revised Code, ~~ninety~~one	86988
hundred dollars for boilers subject to biennial inspection under	86989
section 4104.13 of the Revised Code, one hundred ~~thirty-five~~fifty	86990
dollars for boilers subject to triennial inspection under section	86991
4104.11 of the Revised Code, or two hundred ~~twenty-five~~fifty	86992
dollars for boilers subject to quinquennial inspection under	86993
section 4104.13 of the Revised Code.	86994

~~A renewal fee in the amount of forty-five dollars shall be~~	86995
~~paid to the treasurer of state before the renewal of any~~	86996
~~certificate of operation.~~	86997

(B) The fee for complete inspection during construction by a	86998
general inspector on boilers and pressure vessels manufactured	86999
within the state shall be thirty-five dollars per hour. Boiler and	87000
pressure vessel manufacturers other than those located in the	87001
state may secure inspection by a general inspector on work during	87002
construction, upon application to the superintendent, and upon	87003
payment of a fee of thirty-five dollars per hour, plus the	87004
necessary traveling and hotel expenses incurred by the inspector.	87005

(C) The application fee for applicants for steam engineer,	87006
high pressure boiler operator, or low pressure boiler operator	87007
licenses is ~~fifty~~seventy-five dollars. The fee for each original	87008
or renewal steam engineer, high pressure boiler operator, or low	87009
pressure boiler operator license is ~~thirty-five~~fifty dollars.	87010

(D) The director of commerce, subject to the approval of the	87011
controlling board, may establish fees in excess of the fees	87012
provided in divisions (A), (B), and (C) of this section. Any	87013
moneys collected under this section shall be paid into the state	87014
treasury to the credit of the ~~industrial compliance~~labor	87015
operating fund created in section 121.084 of the Revised Code.	87016

(E) Any person who fails to pay an invoiced renewal fee or an	87017
invoiced inspection fee required for any inspection conducted by	87018
the division of ~~industrial compliance~~labor pursuant to this	87019
chapter within forty-five days of the invoice date shall pay a	87020
late payment fee equal to twenty-five per cent of the invoiced	87021
fee.	87022

(F) In addition to the fees assessed in divisions (A) and (B)	87023
of this section, the board of building standards shall assess the	87024
owner or user a fee of three dollars and twenty-five cents for	87025
each certificate of operation or renewal thereof issued under	87026
division (A) of this section and for each inspection conducted	87027
under division (B) of this section. The board shall adopt rules,	87028
in accordance with Chapter 119. of the Revised Code, specifying	87029
the manner by which the superintendent shall collect and remit to	87030
the board the fees assessed under this division and requiring that	87031
remittance of the fees be made at least quarterly.	87032

Sec. 4104.19. (A) Any person seeking a license to operate as	87033
a steam engineer, high pressure boiler operator, or low pressure	87034
boiler operator shall file a written application with the	87035
superintendent of ~~industrial compliance~~labor on a form prescribed	87036
by the superintendent with the appropriate application fee as set	87037
forth in section 4104.18 of the Revised Code. The application	87038
shall contain information satisfactory to the superintendent to	87039
demonstrate that the applicant meets the requirements of division	87040
(B) of this section. The application shall be filed with the	87041
superintendent not more than sixty days and not less than thirty	87042
days before the license examination is offered.	87043

(B) To qualify to take the examination required to obtain a	87044
steam engineer, high pressure boiler operator, or low pressure	87045
boiler operator license, a person shall meet both of the following	87046
requirements:	87047

(1) Be at least eighteen years of age;

87048

(2) Have one year of experience in the operation of steam	87049
engines, high pressure boilers, or low pressure boilers as	87050
applicable to the type of license being sought, or a combination	87051
of experience and education for the type of license sought as	87052
determined to be acceptable by the superintendent.	87053

(C) No applicant shall qualify to take an examination or to	87054
renew a license if the applicant has violated this chapter or if	87055
the applicant has obtained or renewed a license issued under this	87056
chapter by fraud, misrepresentation, or deception.	87057

(D) The superintendent shall issue a license to each	87058
applicant who receives a passing score on the examination, as	87059
determined by the superintendent, for the license for which the	87060
applicant applied.	87061

(E) The superintendent may select and contract with one or	87062
more persons to do all of the following relative to the	87063
examinations for a license to operate as a steam engineer, high	87064
pressure boiler operator, or low pressure boiler operator:	87065

(1) Prepare, administer, score, and maintain the	87066
confidentiality of the examination;	87067

(2) Maintain responsibility for all expenses required to	87068
fulfill division (E)(1) of this section;	87069

(3) Charge each applicant a fee for administering the	87070
examination, in an amount authorized by the superintendent;	87071

(4) Design the examination for each type of license to	87072
determine an applicant's competence to operate the equipment for	87073
which the applicant is seeking licensure.	87074

(F) Each license issued under this chapter expires one year	87075
after the date of issue. Each person holding a valid, unexpired	87076
license may renew the license, without reexamination, by applying	87077
to the superintendent not more than ninety days before the	87078
expiration of the license, and submitting with the application the	87079
renewal fee established in section 4104.18 of the Revised Code.	87080
Upon receipt of the renewal information and fee, the	87081
superintendent shall issue the licensee a certificate of renewal.	87082

(G) The superintendent, in accordance with Chapter 119. of	87083
the Revised Code, may suspend or revoke any license, or may refuse	87084
to issue a license under this chapter upon finding that a licensee	87085
or an applicant for a license has violated or is violating the	87086
requirements of this chapter.	87087

Sec. 4104.21. On receipt of a notice pursuant to section	87088
3123.43 of the Revised Code, the superintendent of ~~industrial~~	87089
~~compliance~~labor shall comply with sections 3123.41 to 3123.50 of	87090
the Revised Code and any applicable rules adopted under section	87091
3123.63 of the Revised Code with respect to a certificate or	87092
license issued pursuant to this chapter.	87093

Sec. 4104.33. There is hereby created the historical boilers	87094
licensing board consisting of seven members, three of whom shall	87095
be appointed by the governor with the advice and consent of the	87096
senate. The governor shall make initial appointments to the board	87097
within ninety days after ~~the effective date of this section~~	87098
October 24, 2002. Of the initial members appointed by the	87099
governor, one shall be for a term ending three years after ~~the~~	87100
~~effective date of this section~~October 24, 2002, one shall be for	87101
a term ending four years after ~~the effective date of this section~~	87102
October 24, 2002, and one shall be for a term ending five years	87103
after ~~the effective date of this section~~October 24, 2002.	87104
Thereafter, terms of office shall be for five years, each term	87105
ending on the same day of the same month of the year as did the	87106
term that it succeeds. Of the three members the governor appoints,	87107
one member shall be an employee of the division of boiler	87108
inspection in the department of commerce; one member shall be an	87109
independent mechanical engineer who is not involved in selling or	87110
inspecting historical boilers; and one shall be an active member	87111
of an association that represents managers of fairs or festivals.	87112

Two members of the board shall be appointed by the president	87113
of the senate and two members of the board shall be appointed by	87114
the speaker of the house of representatives. The president and	87115
speaker shall make initial appointments to the board within ninety	87116
days after ~~the effective date of this section~~October 24, 2002. Of	87117
the initial members appointed by the president, one shall be for a	87118
term ending four years after ~~the effective date of this section~~	87119
October 24, 2002 and one shall be for a term ending five years	87120
after ~~the effective date of this section~~October 24, 2002. Of the	87121
initial members appointed by the speaker, one shall be for a term	87122
ending three years after ~~the effective date of this section~~	87123
October 24, 2002 and one shall be for a term ending five years	87124
after ~~the effective date of this section~~October 24, 2002.	87125
Thereafter, terms of office shall be for five years, each term	87126
ending on the same day of the same month of the year as did the	87127
term that it succeeds. Of the four members appointed by the	87128
president and speaker, each shall own a historical boiler and also	87129
have at least ten years of experience in the operation of	87130
historical boilers, and each of these four members shall reside in	87131
a different region of the state.	87132

Each member shall hold office from the date of the member's	87133
appointment until the end of the term for which the member was	87134
appointed. Members may be reappointed. Vacancies shall be filled	87135
in the manner provided for initial appointments. Any member	87136
appointed to fill a vacancy occurring prior to the expiration date	87137
of the term for which the member's predecessor was appointed shall	87138
hold office as a member for the remainder of that term. A member	87139
shall continue in office subsequent to the expiration date of the	87140
member's term until the successor takes office or until a period	87141
of sixty days has elapsed, whichever occurs first.	87142

The members of the board, annually, shall elect, by majority	87143
vote, a chairperson from among their members. The board shall meet	87144
at least once annually and at other times at the call of the	87145
chairperson. Board members shall receive their actual and	87146
necessary expenses incurred in the discharge of their duties as	87147
board members.	87148

The superintendent of ~~the division of industrial compliance~~	87149
labor shall furnish office space, staff, and supplies to the board	87150
as the superintendent determines are necessary for the board to	87151
carry out its official duties under sections 4104.33 to 4104.37 of	87152
the Revised Code.	87153

Sec. 4104.42. (A) The owner of any power piping or process	87154
piping system shall ensure that all of the following are performed	87155
in compliance with applicable sections of the B31 standards	87156
contained in the code for pressure piping, published by the	87157
American society of mechanical engineers:	87158

(1) The design, fabrication, assembly, installation, testing,	87159
examination, and inspection of power and process piping systems;	87160

(2) Qualification of personnel and qualification of welding	87161
and brazing procedures;	87162

(3) The implementation of an inspection program.

87163

(B) The owner of a power piping or process piping system	87164
shall do both of the following:	87165

(1) Maintain for five years complete records documenting the	87166
design, examination, and testing of the piping system that include	87167
all of the following:	87168

(a) The specific edition of the code for pressure piping used	87169
in the design;	87170

(b) The design assumptions;

87171

(c) The calculations, piping material specifications, and	87172
construction documents for the piping;	87173

(d) The records of piping alterations;

87174

(e) The piping examination and inspection records.

87175

(2) Disclose the types and quantities of flammable,	87176
combustible, or hazardous materials proposed to be used in the	87177
facility to the building and fire code enforcement authorities who	87178
have inspection authority to enable those authorities to determine	87179
compliance with the rules the board of building standards adopts	87180
pursuant to section 3781.10 of the Revised Code and the rules the	87181
state fire marshal adopts pursuant to section 3737.82 of the	87182
Revised Code.	87183

(C) No person or state agency shall require that the records	87184
described in division (B)(1) of this section be submitted to the	87185
division of ~~industrial compliance~~labor in the department of	87186
commerce or to a certified building department for approval.	87187

(D) Nothing in this section limits the application of	87188
Chapters 4703. and 4733. of the Revised Code.	87189

Sec. 4104.43. (A)(1) The board of building standards shall	87190
adopt rules establishing requirements for the design,	87191
installation, inspection of and design review procedure for	87192
building services piping.	87193

(2) The board of building standards shall adopt rules	87194
establishing requirements for the design, installation, inspection	87195
of and design review procedure for nonflammable medical gas,	87196
medical oxygen, and medical vacuum piping systems.	87197

(B) A municipal, township, or county building department	87198
certified under division (E) of section 3781.10 of the Revised	87199
Code shall enforce the rules the board adopts pursuant to division	87200
(A)(2) of this section if that building department requests and	87201
obtains special certification to enforce those rules.	87202

(C) In a health district where no municipal, township, or	87203
county building department is specially certified under division	87204
(B) of this section, an employee of the health district shall	87205
enforce the rules adopted pursuant to division (A)(2) of this	87206
section if both of the following conditions are satisfied:	87207

(1) The health district employee requests and obtains special	87208
certification by the board to enforce those rules.	87209

(2) The health district notifies the superintendent of the	87210
division of ~~industrial compliance~~labor in the department of	87211
commerce that the health district's specially certified employee	87212
shall enforce those rules.	87213

(D) In a jurisdiction where enforcement authority as	87214
described in divisions (B) and (C) of this section does not exist,	87215
the superintendent of ~~the division of industrial compliance~~labor	87216
shall enforce the rules the board adopts pursuant to division	87217
(A)(2) of this section.	87218

Sec. 4104.44. All welding and brazing of metallic piping	87219
systems shall be performed in accordance with section IX of the	87220
boiler and pressure vessel code, published by the American society	87221
of mechanical engineers. The owner shall maintain, at the job	87222
site, the certified performance qualification records of all	87223
welders and brazers employed at the facility. The owner shall	87224
submit copies of all certified welding and brazing procedure	87225
specifications, procedure qualification records, and performance	87226
qualification records for building services piping for review to	87227
the superintendent of ~~the division of industrial compliance~~labor	87228
in the department of commerce in accordance with rules the	87229
superintendent adopts. The submission shall be accompanied by the	87230
fee the superintendent establishes.	87231

Sec. 4104.48. (A) No person shall violate sections 4104.41	87232
to 4104.48 of the Revised Code, fail to perform any duty lawfully	87233
enjoined in connection with those sections, or fail to comply with	87234
any order issued by the superintendent of ~~the division of~~	87235
~~industrial compliance~~labor or any judgment or decree issued by	87236
any court in connection with the enforcement of sections 4104.41	87237
to 4104.48 of the Revised Code.	87238

(B) Every day during which a person violates sections 4104.41	87239
to 4104.48 of the Revised Code, fails to perform any duty lawfully	87240
enjoined in connection with those sections, or fails to comply	87241
with any order issued by the superintendent ~~of the division of~~	87242
~~industrial compliance~~ or any judgment or decree issued by any	87243
court in connection with the enforcement of sections 4104.41 to	87244
4104.48 of the Revised Code constitutes a separate offense.	87245

Sec. 4105.01. As used in this chapter:

87246

(A) "Elevator" means a hoisting and lowering apparatus	87247
equipped with a car, cage, or platform which moves on or between	87248
permanent rails or guides and serves two or more fixed landings in	87249
a building or structure to which section 3781.06 of the Revised	87250
Code applies. "Elevator" includes dumb-waiters other than	87251
hand-powered dumb-waiters, escalators, ~~manlifts~~peoplelifts,	87252
moving walks, of the endless belt type, other lifting or lowering	87253
apparatus permanently installed on or between rails or guides, and	87254
all equipment, machinery, and construction related to any	87255
elevator; but does not include construction hoists and other	87256
similar temporary lifting or lowering apparatuses, ski lifts,	87257
traveling, portable amusement rides or devices that are not	87258
affixed to a permanent foundation, or nonportable amusement rides	87259
or devices that are affixed to a permanent foundation.	87260

(B) "Passenger elevator" means an elevator that is designed	87261
to carry persons to its contract capacity.	87262

(C) "Freight elevator" means an elevator normally used for	87263
carrying freight and on which only the operator and employees in	87264
the pursuit of their duties, by the permission of the employer,	87265
are allowed to ride.	87266

(D) "Gravity elevator" means an elevator utilizing gravity to	87267
move.	87268

(E) "General inspector" means a state inspector examined and	87269
hired to inspect elevators and lifting apparatus for that state.	87270

(F) "Special inspector" means an inspector examined and	87271
commissioned by the superintendent of ~~the division of industrial~~	87272
~~compliance~~labor to inspect elevators and lifting apparatus in the	87273
state.	87274

(G) "Inspector" means either a general or special inspector.

87275

Sec. 4105.02. No person may act, either as a general	87276
inspector or as a special inspector, of elevators, unless hethe	87277
person holds a certificate of competency from the division of	87278
~~industrial compliance~~labor.	87279

Application for examination as an inspector of elevators	87280
shall be in writing, accompanied by a fee to be established as	87281
provided in section 4105.17 of the Revised Code, and upon a blank	87282
to be furnished by the division, stating the school education of	87283
the applicant, a list of ~~his~~the applicant's employers, ~~his~~the	87284
applicant's period of employment, and the position held with each.	87285
An applicant shall also submit a letter from one or more of ~~his~~	87286
the applicant's previous employers certifying as to ~~his~~the	87287
applicant's character and experience.	87288

Applications shall be rejected which contain any willful	87289
falsification or untruthful statements. An applicant, if the	87290
division considers ~~his~~the applicant's history and experience	87291
sufficient, shall be examined by the superintendent of ~~the~~	87292
~~division of industrial compliance~~labor by a written examination	87293
dealing with the construction, installation, operation,	87294
maintenance, and repair of elevators and their appurtenances, and	87295
the applicant shall be accepted or rejected on the merits of ~~his~~	87296
the applicant's application and examination.	87297

The superintendent shall issue a certificate of competency in	87298
the inspection of elevators to any applicant found competent upon	87299
examination. A rejected applicant shall be entitled, after the	87300
expiration of ninety days and upon payment of an examination fee	87301
to be established as provided in section 4105.17 of the Revised	87302
Code, to another examination. Should an applicant fail to pass the	87303
prescribed examination on second trial, hethe applicant will not	87304
be permitted to be an applicant for another examination for a	87305
period of one year after the second examination.	87306

Sec. 4105.03. The superintendent of ~~the division of~~	87307
~~industrial compliance~~labor, with the consent of the director of	87308
commerce, shall hire an assistant who has at least ten years of	87309
experience in the construction, installation, maintenance, and	87310
repair of elevators and their appurtenances.	87311

The superintendent, with the consent of the director of	87312
~~commerce~~, and in compliance with Chapter 124. of the Revised Code,	87313
may appoint and hire general inspectors of elevators from the	87314
holders of certificates of competency.	87315

Sec. 4105.04. From the holders of certificates of competency	87316
in the inspection of elevators, any company that is authorized to	87317
insure elevators in the state, may designate persons to inspect	87318
elevators covered by such company's policies, and the department	87319
of public safety of any city and the clerk of any village may	87320
designate persons to inspect elevators in such city or village.	87321
Such persons shall, upon the payment of a fee to be established as	87322
provided in section 4105.17 of the Revised Code, have issued to	87323
them annually by the division of ~~industrial compliance~~labor,	87324
commissions to serve as special inspectors of elevators in the	87325
state.	87326

Sec. 4105.05. A commission to serve as a special inspector	87327
may be suspended or revoked by the superintendent of ~~the division~~	87328
~~of industrial compliance~~labor, for the incompetence or	87329
untrustworthiness of the holder thereof, or for the falsification	87330
of any matter or statement contained in ~~his~~the holder's	87331
application or in a report of any inspection.	87332

Sec. 4105.06. If a certificate or commission issued under	87333
sections 4105.02 and 4105.04 of the Revised Code is lost or	87334
destroyed a new one shall be issued in its place by the division	87335
of ~~industrial compliance~~labor without another examination, upon	87336
the payment of a fee to be established as provided in section	87337
4105.07 of the Revised Code.	87338

Sec. 4105.09. The owner or user of any elevator shall	87339
register, with the division of ~~industrial compliance~~labor, every	87340
elevator operated by ~~him~~the owner or user, giving the type,	87341
capacity, and description, name of manufacturer, and purpose for	87342
which each is used. Such registration shall be made on a form to	87343
be furnished by the division.	87344

Sec. 4105.11. The inspection of elevators shall be made by	87345
the inspectors authorized in sections 4105.03 and 4105.04 of the	87346
Revised Code, under the supervision of the superintendent of ~~the~~	87347
~~division of industrial compliance~~labor, and the superintendent	87348
shall enforce this chapter and any rules adopted pursuant thereto.	87349

Every inspector shall forward to the superintendent a full	87350
and complete report of each inspection made of any elevator and	87351
shall, on the day the inspection is completed, leave a copy of	87352
such report with the owner or operator of the elevator, or ~~his~~the	87353
owner's or operator's agent or representative. Such report shall	87354
indicate the exact condition of the elevator and shall list any	87355
and all of the provisions of this chapter and any rules adopted	87356
pursuant thereto, with which the elevator does not comply. Before	87357
attempting to enforce, by any remedy, civil or criminal, the	87358
provisions with which the inspected elevator does not comply, the	87359
chief shall issue an adjudication order within the meaning of	87360
Chapter 119. of the Revised Code.	87361

The approval of construction plans, or an application of	87362
specifications under section 4105.16 of the Revised Code is a	87363
license, and the failure to approve such plans or specifications	87364
by the chief within sixty days after they are filed is an	87365
adjudication order denying the issuance of a license.	87366

Every adjudication order shall specify what appliances, site	87367
preparations, additions, repairs, or alterations to any elevators,	87368
plans, materials, assemblages, or procedures are necessary for the	87369
same to comply with this chapter, or any rules adopted pursuant	87370
thereto. Such adjudication order shall be issued pursuant to	87371
Chapter 119. of the Revised Code and shall be effective without	87372
prior hearing, within thirty days after the receipt of such order,	87373
the owner of the elevator specified therein may appeal to the	87374
board of building appeals under section 3781.19 of the Revised	87375
Code.	87376

Notwithstanding the provisions of Chapter 119. of the Revised	87377
Code relating to adjudication hearings, a stenographic or	87378
mechanical record of the testimony and other evidence submitted	87379
before the board of building appeals shall be taken at the expense	87380
of the agency. A party adversely affected by an order issued	87381
following such adjudication hearing may appeal to the court of	87382
common pleas of the county in which hethe party is a resident or	87383
in which the elevator affected by such order is located. The court	87384
in such case shall not be confined to the record as certified to	87385
it by the agency, but any party may produce additional evidence	87386
and the court shall hear the matter upon such record and such	87387
additional evidence as is introduced by any party. The court shall	87388
not affirm the order of the agency unless the preponderance of the	87389
evidence before it supports the reasonableness and lawfulness of	87390
such order, and of any rules upon which the order of the agency is	87391
based in its application to the facts involved in the appeal.	87392

Failure to comply with the requirements of any order issued	87393
pursuant to this section or the continued operation of any	87394
elevator after it has been sealed pursuant to section 4105.21 of	87395
the Revised Code is hereby declared a public nuisance.	87396

Sec. 4105.12. (A) The superintendent of ~~the division of~~	87397
~~industrial compliance~~labor shall adopt, amend, and repeal rules	87398
exclusively for the issuance, renewal, suspension, and revocation	87399
of certificates of competency and certificates of operation, for	87400
the conduct of hearings related to these actions, and for the	87401
inspection of elevators.	87402

(B) Notwithstanding division (A) of this section, the	87403
superintendent shall not adopt rules relating to construction,	87404
maintenance, and repair of elevators.	87405

Sec. 4105.13. Every elevator shall be constructed, equipped,	87406
maintained, and operated, with respect to the supporting members,	87407
elevator car, shaftways, guides, cables, doors, and gates, safety	87408
stops and mechanism, electrical apparatus and wiring, mechanical	87409
apparatus, counterweights, and all other appurtenances, in	87410
accordance with state laws and rules as are authorized in respect	87411
thereto. Where reasonable safety is obtained without complying to	87412
the literal requirements of such rules as in cases of practical	87413
difficulty or unnecessary hardship, the literal requirements of	87414
such rules shall not be required. The superintendent of ~~the~~	87415
~~division of industrial compliance~~labor may permit the	87416
installation of vertical wheelchair lifts in public buildings to	87417
provide for handicapped accessibility where such lifts do not meet	87418
the literal requirements of the rules adopted by the board of	87419
building standards pursuant to section 4105.011 of the Revised	87420
Code, provided that reasonable safety may be obtained.	87421

Sec. 4105.15. No certificate of operation for any elevator	87422
shall be issued by the director of commerce until such elevator	87423
has been inspected as required by this chapter. Certificates of	87424
operation shall be renewed by the owner or user of the elevator in	87425
accordance with rules adopted by the superintendent of ~~the~~	87426
~~division of industrial compliance~~labor pursuant to section	87427
4105.12 of the Revised Code.	87428

Sec. 4105.16. Before any new installation of an elevator of	87429
permanent nature is erected or before any existing elevator is	87430
removed to and installed in a different location, an application	87431
of specifications in duplicate shall be submitted to the division	87432
of ~~industrial compliance~~labor giving such information concerning	87433
the construction, installation, and operation of said elevator as	87434
the division may require on forms to be furnished by the division,	87435
together with complete construction plans in duplicate. In all	87436
cases where any changes or repairs are made which alter its	87437
construction of classification, grade or rated lifting capacity,	87438
except when made pursuant to a report of an inspector, an	87439
application of specifications in duplicate shall be submitted to	87440
the division, containing such information, or approval, except in	87441
those municipal corporations which maintain their own elevator	87442
inspection departments, in which event such specifications shall	87443
be submitted to the elevator department of the municipal	87444
corporation for its approval, and if approved, a permit for the	87445
erection or repair of such elevator shall be issued by the	87446
municipal corporation. Upon approval of such application and	87447
construction plans, the superintendent of ~~industrial compliance~~	87448
labor shall issue a permit for the erection or repair of such	87449
elevator. No new elevator shall be operated until completion in	87450
accordance with the approved plans and specifications, unless a	87451
temporary permit is granted by the division.	87452

The final inspection, before operation, of a permanent, new	87453
or repaired elevator shall be made by a general inspector or a	87454
special inspector designated by the superintendent.	87455

Sec. 4105.17. (A) The fee for each inspection, or attempted	87456
inspection that, due to no fault of a general inspector or the	87457
division of ~~industrial compliance~~labor, is not successfully	87458
completed, by a general inspector before the operation of a	87459
permanent new elevator prior to the issuance of a certificate of	87460
operation, before operation of an elevator being put back into	87461
service after a repair or after an adjudication under section	87462
4105.11 of the Revised Code, or as a result of the operation of	87463
section 4105.08 of the Revised Code and is an elevator required	87464
to be inspected under this chapter is one hundred twenty dollars	87465
plus ten dollars for each floor where the elevator stops. The	87466
superintendent of ~~industrial compliance~~labor may assess an	87467
additional fee of one hundred ~~twenty-five~~twenty dollars plus ~~five~~	87468
ten dollars for each floor where an elevator stops for the	87469
reinspection of an elevator when a previous attempt to inspect	87470
that elevator has been unsuccessful through no fault of a general	87471
inspector or the division of ~~industrial compliance~~labor.	87472

(B) The fee for each inspection, or attempted inspection,	87473
that due to no fault of the general inspector or the division of	87474
~~industrial compliance~~, is not successfully completed by a general	87475
inspector before operation of a permanent new escalator or moving	87476
walk prior to the issuance of a certificate of operation, before	87477
operation of an escalator or moving walk being put back in service	87478
after a repair, or as a result of the operation of section 4105.08	87479
of the Revised Code is three hundred dollars. The superintendent	87480
~~of the division of industrial compliance~~ may assess an additional	87481
fee of one hundred fifty dollars for the reinspection of an	87482
escalator or moving walk when a previous attempt to inspect that	87483
escalator or moving walk has been unsuccessful through no fault of	87484
the general inspector or the division ~~of industrial compliance~~.	87485

(C) The fee for issuing or renewing a certificate of	87486
operation under section 4105.15 of the Revised Code for an	87487
elevator that is inspected every six months in accordance with	87488
division (A) of section 4105.10 of the Revised Code is two hundred	87489
twenty dollars plus ~~ten~~twelve dollars for each floor where the	87490
elevator stops, except where the elevator has been inspected by a	87491
special inspector in accordance with section 4105.07 of the	87492
Revised Code.	87493

(D) The fee for issuing or renewing a certificate of	87494
operation under section 4105.05 of the Revised Code for an	87495
elevator that is inspected every twelve months in accordance with	87496
division (A) of section 4105.10 of the Revised Code is fifty-five	87497
dollars plus ten dollars for each floor where the elevator stops,	87498
except where the elevator has been inspected by a special	87499
inspector in accordance with section 4105.07 of the Revised Code.	87500

(E) The fee for issuing or renewing a certificate of	87501
operation under section 4105.15 of the Revised Code for an	87502
escalator or moving walk is three hundred dollars, except where	87503
the escalator or moving walk has been inspected by a special	87504
inspector in accordance section 4105.07 of the Revised Code.	87505

(F) All other fees to be charged for any examination given or	87506
other service performed by the division ~~of industrial compliance~~	87507
pursuant to this chapter shall be prescribed by the director of	87508
commerce. The fees shall be reasonably related to the costs of	87509
such examination or other service.	87510

(G) The director of commerce, subject to the approval of the	87511
controlling board, may establish fees in excess of the fees	87512
provided in divisions (A), (B), (C), (D), and (E) of this section.	87513
Any moneys collected under this section shall be paid into the	87514
state treasury to the credit of the ~~industrial compliance~~labor	87515
operating fund created in section 121.084 of the Revised Code.	87516

(H) Any person who fails to pay an inspection fee required	87517
for any inspection conducted by the division pursuant to this	87518
chapter within forty-five days after the inspection is conducted	87519
shall pay a late payment fee equal to twenty-five per cent of the	87520
inspection fee.	87521

(I) In addition to the fees assessed in divisions (A), (B),	87522
(C), (D), and (E) of this section, the board of building standards	87523
shall assess a fee of three dollars and twenty-five cents for each	87524
certificate of operation or renewal thereof issued under	87525
divisions (A), (B), (C), (D), or (E) of this section and for each	87526
permit issued under section 4105.16 of the Revised Code. The	87527
board shall adopt rules, in accordance with Chapter 119. of the	87528
Revised Code, specifying the manner by which the superintendent	87529
~~of industrial compliance~~ shall collect and remit to the board the	87530
fees assessed under this division and requiring that remittance	87531
of the fees be made at least quarterly.	87532

(J) For purposes of this section:

87533

(1) "Escalator" means a power driven, inclined, continuous	87534
stairway used for raising or lowering passengers.	87535

(2) "Moving walk" means a passenger carrying device on which	87536
passengers stand or walk, with a passenger carrying surface that	87537
is uninterrupted and remains parallel to its direction of motion.	87538

Sec. 4105.191. Any person owning or operating any elevator	87539
subject to this chapter shall file a written report with the	87540
superintendent of ~~the division of industrial compliance~~labor	87541
within seventy-two hours after the occurrence of any accident	87542
involving such elevator which results in death or bodily injury to	87543
any person.	87544

Sec. 4105.20. No person shall violate any law relative to	87545
the operation, construction, maintenance, and repair of elevators.	87546
All fines collected for violation of this section shall be	87547
forwarded to the superintendent of ~~the division of industrial~~	87548
~~compliance~~labor, who shall pay them into the state treasury to	87549
the credit of the ~~industrial compliance~~labor operating fund	87550
created in section 121.084 of the Revised Code.	87551

Sec. 4105.21. The superintendent of ~~the division of~~	87552
~~industrial compliance~~labor shall enforce this chapter. If the	87553
superintendent or a general inspector of elevators finds that an	87554
elevator or a part thereof does not afford reasonable safety as	87555
required by section 4105.13 of the Revised Code, the	87556
superintendent or the general inspector may seal such elevator and	87557
post a notice thereon prohibiting further use of the elevator	87558
until the changes or alterations set forth in the notice have been	87559
made to the satisfaction of the superintendent or the inspector.	87560
The notice shall contain a statement that operators or passengers	87561
are subject to injury by its continued use, a description of the	87562
alteration or other change necessary to be made in order to secure	87563
safety of operation, date of such notice, name and signature of	87564
the superintendent or inspector issuing the notice.	87565

Sec. 4112.01. (A) As used in this chapter:

87566

(1) "Person" includes one or more individuals, partnerships,	87567
associations, organizations, corporations, legal representatives,	87568
trustees, trustees in bankruptcy, receivers, and other organized	87569
groups of persons. "Person" also includes, but is not limited to,	87570
any owner, lessor, assignor, builder, manager, broker,	87571
salesperson, appraiser, agent, employee, lending institution, and	87572
the state and all political subdivisions, authorities, agencies,	87573
boards, and commissions of the state.	87574

(2) "Employer" includes the state, any political subdivision	87575
of the state, any person employing four or more persons within the	87576
state, and any person acting directly or indirectly in the	87577
interest of an employer.	87578

(3) "Employee" means an individual employed by any employer	87579
but does not include any individual employed in the domestic	87580
service of any person.	87581

(4) "Labor organization" includes any organization that	87582
exists, in whole or in part, for the purpose of collective	87583
bargaining or of dealing with employers concerning grievances,	87584
terms or conditions of employment, or other mutual aid or	87585
protection in relation to employment.	87586

(5) "Employment agency" includes any person regularly	87587
undertaking, with or without compensation, to procure	87588
opportunities to work or to procure, recruit, refer, or place	87589
employees.	87590

(6) "Commission" means the Ohio civil rights commission	87591
created by section 4112.03 of the Revised Code.	87592

(7) "Discriminate" includes segregate or separate.

87593

(8) "Unlawful discriminatory practice" means any act	87594
prohibited by section 4112.02, 4112.021, or 4112.022 of the	87595
Revised Code.	87596

(9) "Place of public accommodation" means any inn,	87597
restaurant, eating house, barbershop, public conveyance by air,	87598
land, or water, theater, store, other place for the sale of	87599
merchandise, or any other place of public accommodation or	87600
amusement of which the accommodations, advantages, facilities, or	87601
privileges are available to the public.	87602

(10) "Housing accommodations" includes any building or	87603
structure, or portion of a building or structure, that is used or	87604
occupied or is intended, arranged, or designed to be used or	87605
occupied as the home residence, dwelling, dwelling unit, or	87606
sleeping place of one or more individuals, groups, or families	87607
whether or not living independently of each other; and any vacant	87608
land offered for sale or lease. "Housing accommodations" also	87609
includes any housing accommodations held or offered for sale or	87610
rent by a real estate broker, salesperson, or agent, by any other	87611
person pursuant to authorization of the owner, by the owner, or by	87612
the owner's legal representative.	87613

(11) "Restrictive covenant" means any specification limiting	87614
the transfer, rental, lease, or other use of any housing	87615
accommodations because of race, color, religion, sex, military	87616
status, familial status, national origin, disability, or ancestry,	87617
or any limitation based upon affiliation with or approval by any	87618
person, directly or indirectly, employing race, color, religion,	87619
sex, military status, familial status, national origin,	87620
disability, or ancestry as a condition of affiliation or approval.	87621

(12) "Burial lot" means any lot for the burial of deceased	87622
persons within any public burial ground or cemetery, including,	87623
but not limited to, cemeteries owned and operated by municipal	87624
corporations, townships, or companies or associations incorporated	87625
for cemetery purposes.	87626

(13) "Disability" means a physical or mental impairment that	87627
substantially limits one or more major life activities, including	87628
the functions of caring for one's self, performing manual tasks,	87629
walking, seeing, hearing, speaking, breathing, learning, and	87630
working; a record of a physical or mental impairment; or being	87631
regarded as having a physical or mental impairment.	87632

(14) Except as otherwise provided in section 4112.021 of the	87633
Revised Code, "age" means at least forty years old.	87634

(15) "Familial status" means either of the following:

87635

(a) One or more individuals who are under eighteen years of	87636
age and who are domiciled with a parent or guardian having legal	87637
custody of the individual or domiciled, with the written	87638
permission of the parent or guardian having legal custody, with a	87639
designee of the parent or guardian;	87640

(b) Any person who is pregnant or in the process of securing	87641
legal custody of any individual who is under eighteen years of	87642
age.	87643

(16)(a) Except as provided in division (A)(16)(b) of this	87644
section, "physical or mental impairment" includes any of the	87645
following:	87646

(i) Any physiological disorder or condition, cosmetic	87647
disfigurement, or anatomical loss affecting one or more of the	87648
following body systems: neurological; musculoskeletal; special	87649
sense organs; respiratory, including speech organs;	87650
cardiovascular; reproductive; digestive; genito-urinary; hemic and	87651
lymphatic; skin; and endocrine;	87652

(ii) Any mental or psychological disorder, including, but not	87653
limited to, mental retardation, organic brain syndrome, emotional	87654
or mental illness, and specific learning disabilities;	87655

(iii) Diseases and conditions, including, but not limited to,	87656
orthopedic, visual, speech, and hearing impairments, cerebral	87657
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	87658
cancer, heart disease, diabetes, human immunodeficiency virus	87659
infection, mental retardation, emotional illness, drug addiction,	87660
and alcoholism.	87661

(b) "Physical or mental impairment" does not include any of	87662
the following:	87663

(i) Homosexuality and bisexuality;

87664

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	87665
voyeurism, gender identity disorders not resulting from physical	87666
impairments, or other sexual behavior disorders;	87667

(iii) Compulsive gambling, kleptomania, or pyromania;

87668

(iv) Psychoactive substance use disorders resulting from the	87669
current illegal use of a controlled substance or the current use	87670
of alcoholic beverages.	87671

(17) "Dwelling unit" means a single unit of residence for a	87672
family of one or more persons.	87673

(18) "Common use areas" means rooms, spaces, or elements	87674
inside or outside a building that are made available for the use	87675
of residents of the building or their guests, and includes, but is	87676
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	87677
rooms, mail rooms, recreational areas, and passageways among and	87678
between buildings.	87679

(19) "Public use areas" means interior or exterior rooms or	87680
spaces of a privately or publicly owned building that are made	87681
available to the general public.	87682

(20) "Controlled substance" has the same meaning as in	87683
section 3719.01 of the Revised Code.	87684

(21) "Disabled tenant" means a tenant or prospective tenant	87685
who is a person with a disability.	87686

(22) "Military status" means a person's status in "service in	87687
the uniformed services" as defined in section 5923.05 of the	87688
Revised Code.	87689

(23) "Aggrieved person" includes both of the following:

87690

(a) Any person who claims to have been injured by any	87691
unlawful discriminatory practice described in division (H) of	87692
section 4112.02 of the Revised Code;	87693

(b) Any person who believes that the person will be injured	87694
by, any unlawful discriminatory practice described in division	87695
(H) of section 4112.02 of the Revised Code that is about to	87696
occur.	87697

(B) For the purposes of divisions (A) to (F) of section	87698
4112.02 of the Revised Code, the terms "because of sex" and "on	87699
the basis of sex" include, but are not limited to, because of or	87700
on the basis of pregnancy, any illness arising out of and	87701
occurring during the course of a pregnancy, childbirth, or related	87702
medical conditions. Women affected by pregnancy, childbirth, or	87703
related medical conditions shall be treated the same for all	87704
employment-related purposes, including receipt of benefits under	87705
fringe benefit programs, as other persons not so affected but	87706
similar in their ability or inability to work, and nothing in	87707
division (B) of section 4111.17 of the Revised Code shall be	87708
interpreted to permit otherwise. This division shall not be	87709
construed to require an employer to pay for health insurance	87710
benefits for abortion, except where the life of the mother would	87711
be endangered if the fetus were carried to term or except where	87712
medical complications have arisen from the abortion, provided that	87713
nothing in this division precludes an employer from providing	87714
abortion benefits or otherwise affects bargaining agreements in	87715
regard to abortion.	87716

Sec. 4112.04. (A) The commission shall do all of the	87717
following:	87718

(1) Establish and maintain a principal office in the city of	87719
Columbus and any other offices within the state that it considers	87720
necessary;	87721

(2) Appoint an executive director who shall serve at the	87722
pleasure of the commission and be its principal administrative	87723
officer. The executive director shall be paid a salary fixed	87724
pursuant to Chapter 124. of the Revised Code.	87725

(3) Appoint hearing examiners and other employees and agents	87726
who it considers necessary and prescribe their duties subject to	87727
Chapter 124. of the Revised Code;	87728

(4) Adopt, promulgate, amend, and rescind rules to effectuate	87729
the provisions of this chapter and the policies and practice of	87730
the commission in connection with this chapter;	87731

(5) Formulate policies to effectuate the purposes of this	87732
chapter and make recommendations to agencies and officers of the	87733
state or political subdivisions to effectuate the policies;	87734

(6) Receive, investigate, and pass upon written charges made	87735
under oath of unlawful discriminatory practices;	87736

(7) Make periodic surveys of the existence and effect of	87737
discrimination because of race, color, religion, sex, military	87738
status, familial status, national origin, disability, age, or	87739
ancestry on the enjoyment of civil rights by persons within the	87740
state;	87741

(8) Report, from time to time, but not less than once a year,	87742
to the general assembly and the governor, describing in detail the	87743
investigations, proceedings, and hearings it has conducted and	87744
their outcome, the decisions it has rendered, and the other work	87745
performed by it, which report shall include a copy of any surveys	87746
prepared pursuant to division (A)(7) of this section and shall	87747
include the recommendations of the commission as to legislative or	87748
other remedial action;	87749

(9) Prepare a comprehensive educational program, in	87750
cooperation with the department of education, for the students of	87751
the public schools of this state and for all other residents of	87752
this state that is designed to eliminate prejudice on the basis of	87753
race, color, religion, sex, military status, familial status,	87754
national origin, disability, age, or ancestry in this state, to	87755
further good will among those groups, and to emphasize the origin	87756
of prejudice against those groups, its harmful effects, and its	87757
incompatibility with American principles of equality and fair	87758
play;	87759

(10) Receive progress reports from agencies,	87760
instrumentalities, institutions, boards, commissions, and other	87761
entities of this state or any of its political subdivisions and	87762
their agencies, instrumentalities, institutions, boards,	87763
commissions, and other entities regarding affirmative action	87764
programs for the employment of persons against whom discrimination	87765
is prohibited by this chapter, or regarding any affirmative	87766
housing accommodations programs developed to eliminate or reduce	87767
an imbalance of race, color, religion, sex, military status,	87768
familial status, national origin, disability, or ancestry. All	87769
agencies, instrumentalities, institutions, boards, commissions,	87770
and other entities of this state or its political subdivisions,	87771
and all political subdivisions, that have undertaken affirmative	87772
action programs pursuant to a conciliation agreement with the	87773
commission, an executive order of the governor, any federal	87774
statute or rule, or an executive order of the president of the	87775
United States shall file progress reports with the commission	87776
annually on or before the first day of November. The commission	87777
shall analyze and evaluate the progress reports and report its	87778
findings annually to the general assembly on or before the	87779
thirtieth day of January of the year immediately following the	87780
receipt of the reports.	87781

(B) The commission may do any of the following:

87782

(1) Meet and function at any place within the state;

87783

(2) Initiate and undertake on its own motion investigations	87784
of problems of employment or housing accommodations	87785
discrimination;	87786

(3) Hold hearings, subpoena witnesses, compel their	87787
attendance, administer oaths, take the testimony of any person	87788
under oath, require the production for examination of any books	87789
and papers relating to any matter under investigation or in	87790
question before the commission, and make rules as to the issuance	87791
of subpoenas by individual commissioners.	87792

(a) In conducting a hearing or investigation, the commission	87793
shall have access at all reasonable times to premises, records,	87794
documents, individuals, and other evidence or possible sources of	87795
evidence and may examine, record, and copy the premises, records,	87796
documents, and other evidence or possible sources of evidence and	87797
take and record the testimony or statements of the individuals as	87798
reasonably necessary for the furtherance of the hearing or	87799
investigation. In investigations, the commission shall comply with	87800
the fourth amendment to the United States Constitution relating to	87801
unreasonable searches and seizures. The commission or a member of	87802
the commission may issue subpoenas to compel access to or the	87803
production of premises, records, documents, and other evidence or	87804
possible sources of evidence or the appearance of individuals, and	87805
may issue interrogatories to a respondent, to the same extent and	87806
subject to the same limitations as would apply if the subpoenas or	87807
interrogatories were issued or served in aid of a civil action in	87808
a court of common pleas.	87809

(b) Upon written application by a ~~respondent~~party to a	87810
hearing under division (B) of section 4112.05 of the Revised Code,	87811
the commission shall issue subpoenas in its name to the same	87812
extent and subject to the same limitations as subpoenas issued by	87813
the commission. Subpoenas issued at the request of a ~~respondent~~	87814
party shall show on their face the name and address of the	87815
~~respondent~~party and shall state that they were issued at the	87816
~~respondent's~~party's request.	87817

(c) Witnesses summoned by subpoena of the commission are	87818
entitled to the same witness and mileage fees as are witnesses in	87819
proceedings in a court of common pleas.	87820

(d) Within five days after service of a subpoena upon any	87821
person, the person may petition the commission to revoke or modify	87822
the subpoena. The commission shall grant the petition if it finds	87823
that the subpoena requires an appearance or attendance at an	87824
unreasonable time or place, that it requires production of	87825
evidence that does not relate to any matter before the commission,	87826
that it does not describe with sufficient particularity the	87827
evidence to be produced, that compliance would be unduly onerous,	87828
or for other good reason.	87829

(e) In case of contumacy or refusal to obey a subpoena, the	87830
commission or person at whose request it was issued may petition	87831
for its enforcement in the court of common pleas in the county in	87832
which the person to whom the subpoena was addressed resides, was	87833
served, or transacts business.	87834

(4) Create local or statewide advisory agencies and	87835
conciliation councils to aid in effectuating the purposes of this	87836
chapter. The commission may itself, or it may empower these	87837
agencies and councils to, do either or both of the following:	87838

(a) Study the problems of discrimination in all or specific	87839
fields of human relationships when based on race, color, religion,	87840
sex, military status, familial status, national origin,	87841
disability, age, or ancestry;	87842

(b) Foster through community effort, or otherwise, good will	87843
among the groups and elements of the population of the state.	87844

The agencies and councils may make recommendations to the	87845
commission for the development of policies and procedures in	87846
general. They shall be composed of representative citizens who	87847
shall serve without pay, except that reimbursement for actual and	87848
necessary traveling expenses shall be made to citizens who serve	87849
on a statewide agency or council.	87850

(5) Issue any publications and the results of investigations	87851
and research that in its judgment will tend to promote good will	87852
and minimize or eliminate discrimination because of race, color,	87853
religion, sex, military status, familial status, national origin,	87854
disability, age, or ancestry.	87855

Sec. 4112.05. (A) The commission, as provided in this	87856
section, shall prevent any person from engaging in unlawful	87857
discriminatory practices, provided that, before instituting the	87858
formal hearing authorized by division (B) of this section, it	87859
shall attempt, by informal methods of conference, conciliation,	87860
and persuasion, to induce compliance with this chapter.	87861

(B)(1) Any person may file a charge with the commission	87862
alleging that another person has engaged or is engaging in an	87863
unlawful discriminatory practice. In the case of a charge alleging	87864
an unlawful discriminatory practice described in division (A),	87865
(B), (C), (D), (E), (F), (G), (I), or (J) of section 4112.02 or in	87866
section 4112.021 or 4112.022 of the Revised Code, the charge shall	87867
be in writing and under oath and shall be filed with the	87868
commission within six months after the alleged unlawful	87869
discriminatory practice was committed. In the case of a charge	87870
alleging an unlawful discriminatory practice described in division	87871
(H) of section 4112.02 of the Revised Code, the charge shall be in	87872
writing and under oath and shall be filed with the commission	87873
within one year after the alleged unlawful discriminatory practice	87874
was committed.	87875

(2) Upon receiving a charge, the commission may initiate a	87876
preliminary investigation to determine whether it is probable that	87877
an unlawful discriminatory practice has been or is being engaged	87878
in. The commission also may conduct, upon its own initiative and	87879
independent of the filing of any charges, a preliminary	87880
investigation relating to any of the unlawful discriminatory	87881
practices described in division (A), (B), (C), (D), (E), (F), (I),	87882
or (J) of section 4112.02 or in section 4112.021 or 4112.022 of	87883
the Revised Code. Prior to a notification of a complainant under	87884
division (B)(4) of this section or prior to the commencement of	87885
informal methods of conference, conciliation, and persuasion under	87886
that division, the members of the commission and the officers and	87887
employees of the commission shall not make public in any manner	87888
and shall retain as confidential all information that was obtained	87889
as a result of or that otherwise pertains to a preliminary	87890
investigation other than one described in division (B)(3) of this	87891
section.	87892

(3)(a) Unless it is impracticable to do so and subject to its	87893
authority under division (B)(3)(d) of this section, the commission	87894
shall complete a preliminary investigation of a charge filed	87895
pursuant to division (B)(1) of this section that alleges an	87896
unlawful discriminatory practice described in division (H) of	87897
section 4112.02 of the Revised Code, and shall take one of the	87898
following actions, within one hundred days after the filing of the	87899
charge:	87900

(i) Notify the complainant and the respondent that it is not	87901
probable that an unlawful discriminatory practice described in	87902
division (H) of section 4112.02 of the Revised Code has been or is	87903
being engaged in and that the commission will not issue a	87904
complaint in the matter;	87905

(ii) Initiate a complaint and schedule it for informal	87906
methods of conference, conciliation, and persuasion;	87907

(iii) Initiate a complaint and refer it to the attorney	87908
general with a recommendation to seek a temporary or permanent	87909
injunction or a temporary restraining order. If this action is	87910
taken, the attorney general shall apply, as expeditiously as	87911
possible after receipt of the complaint, to the court of common	87912
pleas of the county in which the unlawful discriminatory practice	87913
allegedly occurred for the appropriate injunction or order, and	87914
the court shall hear and determine the application as	87915
expeditiously as possible.	87916

(b) If it is not practicable to comply with the requirements	87917
of division (B)(3)(a) of this section within the one-hundred-day	87918
period described in that division, the commission shall notify the	87919
complainant and the respondent in writing of the reasons for the	87920
noncompliance.	87921

(c) Prior to the issuance of a complaint under division	87922
(B)(3)(a)(ii) or (iii) of this section or prior to a notification	87923
of the complainant and the respondent under division (B)(3)(a)(i)	87924
of this section, the members of the commission and the officers	87925
and employees of the commission shall not make public in any	87926
manner and shall retain as confidential all information that was	87927
obtained as a result of or that otherwise pertains to a	87928
preliminary investigation of a charge filed pursuant to division	87929
(B)(1) of this section that alleges an unlawful discriminatory	87930
practice described in division (H) of section 4112.05 of the	87931
Revised Code.	87932

(d) Notwithstanding the types of action described in	87933
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the	87934
issuance of a complaint or the referral of a complaint to the	87935
attorney general and prior to endeavoring to eliminate an unlawful	87936
discriminatory practice described in division (H) of section	87937
4112.02 of the Revised Code by informal methods of conference,	87938
conciliation, and persuasion, the commission may seek a temporary	87939
or permanent injunction or a temporary restraining order in the	87940
court of common pleas of the county in which the unlawful	87941
discriminatory practice allegedly occurred.	87942

(4) If the commission determines after a preliminary	87943
investigation other than one described in division (B)(3) of this	87944
section that it is not probable that an unlawful discriminatory	87945
practice has been or is being engaged in, it shall notify any	87946
complainant under division (B)(1) of this section that it has so	87947
determined and that it will not issue a complaint in the matter.	87948
If the commission determines after a preliminary investigation	87949
other than the one described in division (B)(3) of this section	87950
that it is probable that an unlawful discriminatory practice has	87951
been or is being engaged in, it shall endeavor to eliminate the	87952
practice by informal methods of conference, conciliation, and	87953
persuasion.	87954

(5) Nothing said or done during informal methods of	87955
conference, conciliation, and persuasion under this section shall	87956
be disclosed by any member of the commission or its staff or be	87957
used as evidence in any subsequent hearing or other proceeding.	87958
If, after a preliminary investigation and the use of informal	87959
methods of conference, conciliation, and persuasion under this	87960
section, the commission is satisfied that any unlawful	87961
discriminatory practice will be eliminated, it may treat the	87962
charge involved as being conciliated and enter that disposition on	87963
the records of the commission. If the commission fails to effect	87964
the elimination of an unlawful discriminatory practice by informal	87965
methods of conference, conciliation, and persuasion under this	87966
section and to obtain voluntary compliance with this chapter, the	87967
commission shall issue and cause to be served upon any person,	87968
including the respondent against whom a complainant has filed a	87969
charge pursuant to division (B)(1) of this section, a complaint	87970
stating the charges involved and containing a notice of an	87971
opportunity for a hearing before the commission, a member of the	87972
commission, or a hearing examiner at a place that is stated in the	87973
notice and that is located within the county in which the alleged	87974
unlawful discriminatory practice has occurred or is occurring or	87975
in which the respondent resides or transacts business. The hearing	87976
shall be held not less than thirty days after the service of the	87977
complaint upon the complainant, the aggrieved persons other than	87978
the complainant on whose behalf the complaint is issued, and the	87979
respondent, unless the complainant, an aggrieved person, or the	87980
respondent elects to proceed under division (A)(2) of section	87981
4112.051 of the Revised Code when that division is applicable. If	87982
a complaint pertains to an alleged unlawful discriminatory	87983
practice described in division (H) of section 4112.02 of the	87984
Revised Code, the complaint shall notify the complainant, an	87985
aggrieved person, and the respondent of the right of the	87986
complainant, an aggrieved person, or the respondent to elect to	87987
proceed with the administrative hearing process under this section	87988
or to proceed under division (A)(2) of section 4112.051 of the	87989
Revised Code.	87990

(6) The attorney general shall represent the commission at	87991
any hearing held pursuant to division (B)(5) of this section and	87992
shall present the evidence in support of the complaint.	87993

(7) Any complaint issued pursuant to division (B)(5) of this	87994
section after the filing of a charge under division (B)(1) of this	87995
section shall be so issued within one year after the complainant	87996
filed the charge with respect to an alleged unlawful	87997
discriminatory practice.	87998

(C) Any complaint issued pursuant to division (B) of this	87999
section may be amended by the commission, a member of the	88000
commission, or the hearing examiner conducting a hearing under	88001
division (B) of this section, at any time prior to or during the	88002
hearing. The respondent has the right to file an answer or an	88003
amended answer to the original and amended complaints and to	88004
appear at the hearing in person, by attorney, or otherwise to	88005
examine and cross-examine witnesses.	88006

(D) The complainant shall be a party to a hearing under	88007
division (B) of this section, and any person who is an	88008
indispensable party to a complete determination or settlement of	88009
a question involved in the hearing shall be joined. Any aggrieved	88010
person who has or claims an interest in the subject of the	88011
hearing and in obtaining or preventing relief against the	88012
unlawful discriminatory practices complained of ~~may~~shall be	88013
permitted~~, in the discretion of the person or persons conducting~~	88014
~~the hearing,~~ to appear only for the presentation of oral or	88015
written arguments, to present evidence, perform direct and	88016
cross-examination, and be represented by counsel. The commission	88017
shall adopt rules, in accordance with Chapter 119. of the Revised	88018
Code governing the authority granted under this division.	88019

(E) In any hearing under division (B) of this section, the	88020
commission, a member of the commission, or the hearing examiner	88021
shall not be bound by the Rules of Evidence but, in ascertaining	88022
the practices followed by the respondent, shall take into account	88023
all reliable, probative, and substantial statistical or other	88024
evidence produced at the hearing that may tend to prove the	88025
existence of a predetermined pattern of employment or membership,	88026
provided that nothing contained in this section shall be construed	88027
to authorize or require any person to observe the proportion that	88028
persons of any race, color, religion, sex, military status,	88029
familial status, national origin, disability, age, or ancestry	88030
bear to the total population or in accordance with any criterion	88031
other than the individual qualifications of the applicant.	88032

(F) The testimony taken at a hearing under division (B) of	88033
this section shall be under oath and shall be reduced to writing	88034
and filed with the commission. Thereafter, in its discretion, the	88035
commission, upon the service of a notice upon the complainant and	88036
the respondent that indicates an opportunity to be present, may	88037
take further testimony or hear argument.	88038

(G)(1) If, upon all reliable, probative, and substantial	88039
evidence presented at a hearing under division (B) of this	88040
section, the commission determines that the respondent has engaged	88041
in, or is engaging in, any unlawful discriminatory practice,	88042
whether against the complainant or others, the commission shall	88043
state its findings of fact and conclusions of law and shall issue	88044
and, subject to the provisions of Chapter 119. of the Revised	88045
Code, cause to be served on the respondent an order requiring the	88046
respondent to cease and desist from the unlawful discriminatory	88047
practice, requiring the respondent to take any further affirmative	88048
or other action that will effectuate the purposes of this chapter,	88049
including, but not limited to, hiring, reinstatement, or upgrading	88050
of employees with or without back pay, or admission or restoration	88051
to union membership, and requiring the respondent to report to the	88052
commission the manner of compliance. If the commission directs	88053
payment of back pay, it shall make allowance for interim earnings.	88054
If it finds a violation of division (H) of section 4112.02 of the	88055
Revised Code, the commission additionally shall require the	88056
respondent to pay actual damages and reasonable attorney's fees,	88057
and may award to the complainant punitive damages as follows:	88058

(a) If division (G)(1)(b) or (c) of this section does not	88059
apply, punitive damages in an amount not to exceed ten thousand	88060
dollars;	88061

(b) If division (G)(1)(c) of this section does not apply and	88062
if the respondent has been determined by a final order of the	88063
commission or by a final judgment of a court to have committed one	88064
violation of division (H) of section 4112.02 of the Revised Code	88065
during the five-year period immediately preceding the date on	88066
which a complaint was issued pursuant to division (B) of this	88067
section, punitive damages in an amount not to exceed twenty-five	88068
thousand dollars;	88069

(c) If the respondent has been determined by a final order of	88070
the commission or by a final judgment of a court to have committed	88071
two or more violations of division (H) of section 4112.02 of the	88072
Revised Code during the seven-year period immediately preceding	88073
the date on which a complaint was issued pursuant to division (B)	88074
of this section, punitive damages in an amount not to exceed fifty	88075
thousand dollars.	88076

(2) Upon the submission of reports of compliance, the	88077
commission may issue a declaratory order stating that the	88078
respondent has ceased to engage in particular unlawful	88079
discriminatory practices.	88080

(H) If the commission finds that no probable cause exists for	88081
crediting charges of unlawful discriminatory practices or if, upon	88082
all the evidence presented at a hearing under division (B) of this	88083
section on a charge, the commission finds that a respondent has	88084
not engaged in any unlawful discriminatory practice against the	88085
complainant or others, it shall state its findings of fact and	88086
shall issue and cause to be served on the complainant an order	88087
dismissing the complaint as to the respondent. A copy of the order	88088
shall be delivered in all cases to the attorney general and any	88089
other public officers whom the commission considers proper.	88090

(I) Until the time period for appeal set forth in division	88091
(H) of section 4112.06 of the Revised Code expires, the	88092
commission, subject to the provisions of Chapter 119. of the	88093
Revised Code, at any time, upon reasonable notice, and in the	88094
manner it considers proper, may modify or set aside, in whole or	88095
in part, any finding or order made by it under this section.	88096

Sec. 4112.051. (A)(1) Aggrieved persons may enforce the	88097
rights granted by division (H) of section 4112.02 of the Revised	88098
Code by filing a civil action in the court of common pleas of the	88099
county in which the alleged unlawful discriminatory practice	88100
occurred within one year after it allegedly occurred. Upon	88101
application by an aggrieved person, upon a proper showing, and	88102
under circumstances that it considers just, a court of common	88103
pleas may appoint an attorney for the aggrieved person and	88104
authorize the commencement of a civil action under this division	88105
without the payment of costs.	88106

Each party to a civil action under this division has the	88107
right to a jury trial of the action. To assert the right, a party	88108
shall demand a jury trial in the manner prescribed in the Rules of	88109
Civil Procedure. If a party demands a jury trial in that manner,	88110
the civil action shall be tried to a jury.	88111

(2)(a) If a complaint is issued by the commission under	88112
division (B)(5) of section 4112.05 of the Revised Code for one or	88113
more alleged unlawful discriminatory practices described in	88114
division (H) of section 4112.02 of the Revised Code, the	88115
complainant, any aggrieved person on whose behalf the complaint is	88116
issued, or the respondent may elect, following receipt of the	88117
relevant notice described in division (B)(5) of section 4112.05 of	88118
the Revised Code, to proceed with the administrative hearing	88119
process under that section or to have the alleged unlawful	88120
discriminatory practices covered by the complaint addressed in a	88121
civil action commenced in accordance with divisions (A)(1) and	88122
(2)(b) of this section. An election to have the alleged unlawful	88123
discriminatory practices so addressed shall be made in a writing	88124
that is sent by certified mail, return receipt requested, to the	88125
commission, to the civil rights section of the office of the	88126
attorney general, and to the other parties to the pending	88127
administrative process within thirty days after the electing	88128
complainant, aggrieved person, or respondent received the relevant	88129
notice described in division (B)(5) of section 4112.05 of the	88130
Revised Code.	88131

(b) Upon receipt of a timely mailed election to have the	88132
alleged unlawful discriminatory practices addressed in a civil	88133
action, the commission shall authorize the office of the attorney	88134
general to commence and maintain the civil action in the court of	88135
common pleas of the county in which the alleged unlawful	88136
discriminatory practices occurred. Notwithstanding the period of	88137
limitations specified in division (A)(1) of this section, the	88138
office of the attorney general shall commence the civil action	88139
within thirty days after the receipt of the commission's	88140
authorization to commence the civil action.	88141

(c) Upon commencement of the civil action in accordance with	88142
division (A)(2)(b) of this section, the commission shall prepare	88143
an order dismissing the complaint in the pending administrative	88144
matter and serve a copy of the order upon the complainant, each	88145
aggrieved person on whose behalf the complaint was issued, and the	88146
respondent.	88147

(d) If an election to have the alleged unlawful	88148
discriminatory practices addressed in a civil action is not filed	88149
in accordance with division (A)(2)(a) of this section, the	88150
commission shall continue with the administrative hearing process	88151
described in section 4112.05 of the Revised Code.	88152

(e) With respect to the issues to be determined in a civil	88153
action commenced in accordance with division (A)(2)(b) of this	88154
section, any aggrieved person may intervene as a matter of right	88155
in that civil action.	88156

(B) If the court or the jury in a civil action under this	88157
section finds that a violation of division (H) of section 4112.02	88158
of the Revised Code is about to occur, the court may order any	88159
affirmative action it considers appropriate, including a permanent	88160
or ~~termporary~~temporary injunction or temporary restraining order.	88161

(C) Any sale, encumbrance, or rental consummated prior to the	88162
issuance of any court order under the authority of this section	88163
and involving a bona fide purchaser, encumbrancer, or tenant	88164
without actual notice of the existence of a charge under division	88165
(H) of section 4112.02 of the Revised Code or a civil action under	88166
this section is not affected by the court order.	88167

(D) If the court or the jury in a civil action under this	88168
section finds that a violation of division (H) of section 4112.02	88169
of the Revised Code has occurred, the court shall award to the	88170
plaintiff or to the complainant or aggrieved person on whose	88171
behalf the office of the attorney general commenced or maintained	88172
the civil action, whichever is applicable, actual damages,	88173
reasonable attorney's fees, court costs incurred in the	88174
prosecution of the action, expert witness fees, and other	88175
litigation expenses, and may grant other relief that it considers	88176
appropriate, including a permanent or temporary injunction, a	88177
temporary restraining order, or other order and punitive damages.	88178

(E) Any civil action brought under this section shall be	88179
heard and determined as expeditiously as possible.	88180

(F) The court in a civil action under this section shall	88181
notify the commission of any finding pertaining to discriminatory	88182
housing practices within fifteen days after the entry of the	88183
finding.	88184

Sec. 4113.11. (A) As specified in division (B) of this	88185
section and except as provided in divisions (C) and (F) of this	88186
section, all employers that employ ten or more employees shall	88187
adopt and maintain a cafeteria plan that allows the employer's	88188
employees to pay for health insurance coverage by a salary	88189
reduction arrangement as permitted under section 125 of the	88190
Internal Revenue Code.	88191

(B) Employers shall comply with the requirements of division	88192
(A) of this section as follows:	88193

(1) For employers that employ more than five hundred	88194
employees, by not later than January 1, 2011, or six months after	88195
the superintendent of insurance adopts rules as required by	88196
division (E) of this section, whichever is later;	88197

(2) For employers that employ one hundred fifty to five	88198
hundred employees, by not later than July 1, 2011, or twelve	88199
months after the superintendent adopts rules as required by	88200
division (E) of this section, whichever is later;	88201

(3) For employers that employ ten to one hundred forty-nine	88202
employees, by not later than January 1, 2012, or eighteen months	88203
after the superintendent adopts rules as required by division (E)	88204
of this section, whichever is later.	88205

(C) This section shall not apply to employers that, through	88206
other means than provided under this section, offer health	88207
insurance coverage, reimburse for health insurance coverage, or	88208
provide employees with opportunities to pay for health insurance	88209
with pre-tax dollars through other salary reduction arrangements.	88210

(D) The health care coverage and quality council created	88211
under section 3923.90 of the Revised Code shall make	88212
recommendations to the superintendent for both of the following:	88213

(1) Development of strategies to educate, assist, and conduct	88214
outreach to employers to simplify administrative processes with	88215
respect to creating and maintaining cafeteria plans, including,	88216
but not limited to, providing employers with model cafeteria plan	88217
documents and technical assistance on creating and maintaining	88218
cafeteria plans that conform with state and federal law;	88219

(2) Development of strategies to educate, assist, and conduct	88220
outreach to employees with respect to finding, selecting, and	88221
purchasing a health insurance plan to be paid for through their	88222
employer's cafeteria plan under this section.	88223

(E)(1) The superintendent shall adopt rules in accordance	88224
with Chapter 119. of the Revised Code to implement and enforce	88225
this section, including the strategies recommended by the council	88226
pursuant to division (D) of this section.	88227

(2) Prior to adopting rules under this division, the	88228
superintendent shall consult any federal agency that has	88229
oversight of cafeteria plans and employee welfare benefit plans,	88230
including the internal revenue service and the United States	88231
department of labor, and receive written confirmation that the	88232
rules adopted will permit employers to establish cafeteria plans	88233
in accordance with federal law. The written confirmation shall	88234
include a determination that individual policies purchased	88235
pursuant to this section do not need to comply with the group	88236
market rules established by the "Health Insurance Portability and	88237
Accountability Act of 1996."	88238

(F) The requirement provided in division (A) of this section	88239
does not apply if the superintendent does not receive written	88240
confirmation pursuant to division (E)(2) of this section that	88241
individual policies purchased pursuant to this section do not	88242
need to comply with the group market rules established by the	88243
"Health Insurance Portability and Accountability Act of 1996."	88244

(G) Nothing in this section shall be construed as requiring	88245
an employer to establish a cafeteria plan in a manner that would	88246
violate federal law, including the "Employee Retirement Income	88247
Security Act of 1974," the "Consolidated Omnibus Budget	88248
Reconciliation Act of 1985," or the "Health Insurance Portability	88249
and Accountability Act of 1996."	88250

(H) As used in this section:

88251

(1) "Cafeteria plan" has the same meaning as in section 125	88252
of the Internal Revenue Code.	88253

(2) "Employer" has the same meaning as in section 4113.51 of	88254
the Revised Code.	88255

(3) "Employee" means an individual employed for consideration	88256
who works twenty-five or more hours per week or who renders any	88257
other standard of service generally accepted by custom or	88258
specified by contract as full-time employment, except for a public	88259
employee employed by a township or municipal corporation. In that	88260
case, "employee" means an individual hired with the expectation	88261
that the employee will work more than one thousand five hundred	88262
hours in any year unless full-time employment is defined	88263
differently in an applicable collective bargaining agreement.	88264

Sec. 4117.01. As used in this chapter:

88265

(A) "Person," in addition to those included in division (C)	88266
of section 1.59 of the Revised Code, includes employee	88267
organizations, public employees, and public employers.	88268

(B) "Public employer" means the state or any political	88269
subdivision of the state located entirely within the state,	88270
including, without limitation, any municipal corporation with a	88271
population of at least five thousand according to the most recent	88272
federal decennial census; county; township with a population of at	88273
least five thousand in the unincorporated area of the township	88274
according to the most recent federal decennial census; school	88275
district; governing authority of a community school established	88276
under Chapter 3314. of the Revised Code; state institution of	88277
higher learning; public or special district; state agency,	88278
authority, commission, or board; or other branch of public	88279
employment.	88280

(C) "Public employee" means any person holding a position by	88281
appointment or employment in the service of a public employer,	88282
including any person working pursuant to a contract between a	88283
public employer and a private employer and over whom the national	88284
labor relations board has declined jurisdiction on the basis that	88285
the involved employees are employees of a public employer, except:	88286

(1) Persons holding elective office;

88287

(2) Employees of the general assembly and employees of any	88288
other legislative body of the public employer whose principal	88289
duties are directly related to the legislative functions of the	88290
body;	88291

(3) Employees on the staff of the governor or the chief	88292
executive of the public employer whose principal duties are	88293
directly related to the performance of the executive functions of	88294
the governor or the chief executive;	88295

(4) Persons who are members of the Ohio organized militia,	88296
while training or performing duty under section 5919.29 or 5923.12	88297
of the Revised Code;	88298

(5) Employees of the state employment relations board,	88299
including those employees of the state employment relations board	88300
utilized by the state personnel board of review in the exercise of	88301
the powers and the performance of the duties and functions of the	88302
state personnel board of review;	88303

(6) Confidential employees;

88304

(7) Management level employees;

88305

(8) Employees and officers of the courts, assistants to the	88306
attorney general, assistant prosecuting attorneys, and employees	88307
of the clerks of courts who perform a judicial function;	88308

(9) Employees of a public official who act in a fiduciary	88309
capacity, appointed pursuant to section 124.11 of the Revised	88310
Code;	88311

(10) Supervisors;

88312

(11) Students whose primary purpose is educational training,	88313
including graduate assistants or associates, residents, interns,	88314
or other students working as part-time public employees less than	88315
fifty per cent of the normal year in the employee's bargaining	88316
unit;	88317

(12) Employees of county boards of election;

88318

(13) Seasonal and casual employees as determined by the state	88319
employment relations board;	88320

(14) Part-time faculty members of an institution of higher	88321
education;	88322

(15) ~~Employees of the state personnel board of review;~~

88323

~~(16)~~ Participants in a work activity, developmental activity,	88324
or alternative work activity under sections 5107.40 to 5107.69 of	88325
the Revised Code who perform a service for a public employer that	88326
the public employer needs but is not performed by an employee of	88327
the public employer if the participant is not engaged in paid	88328
employment or subsidized employment pursuant to the activity;	88329

~~(17)~~(16) Employees included in the career professional	88330
service of the department of transportation under section 5501.20	88331
of the Revised Code;	88332

~~(18)~~(17) Employees of community-based correctional facilities	88333
and district community-based correctional facilities created under	88334
sections 2301.51 to 2301.58 of the Revised Code who are not	88335
subject to a collective bargaining agreement on June 1, 2005;	88336

(18) Members and employees of the capitol square review and	88337
advisory board.	88338

(D) "Employee organization" means any labor or bona fide	88339
organization in which public employees participate and that exists	88340
for the purpose, in whole or in part, of dealing with public	88341
employers concerning grievances, labor disputes, wages, hours,	88342
terms, and other conditions of employment.	88343

(E) "Exclusive representative" means the employee	88344
organization certified or recognized as an exclusive	88345
representative under section 4117.05 of the Revised Code.	88346

(F) "Supervisor" means any individual who has authority, in	88347
the interest of the public employer, to hire, transfer, suspend,	88348
lay off, recall, promote, discharge, assign, reward, or discipline	88349
other public employees; to responsibly direct them; to adjust	88350
their grievances; or to effectively recommend such action, if the	88351
exercise of that authority is not of a merely routine or clerical	88352
nature, but requires the use of independent judgment, provided	88353
that:	88354

(1) Employees of school districts who are department	88355
chairpersons or consulting teachers shall not be deemed	88356
supervisors;	88357

(2) With respect to members of a police or fire department,	88358
no person shall be deemed a supervisor except the chief of the	88359
department or those individuals who, in the absence of the chief,	88360
are authorized to exercise the authority and perform the duties of	88361
the chief of the department. Where prior to June 1, 1982, a public	88362
employer pursuant to a judicial decision, rendered in litigation	88363
to which the public employer was a party, has declined to engage	88364
in collective bargaining with members of a police or fire	88365
department on the basis that those members are supervisors, those	88366
members of a police or fire department do not have the rights	88367
specified in this chapter for the purposes of future collective	88368
bargaining. The state employment relations board shall decide all	88369
disputes concerning the application of division (F)(2) of this	88370
section.	88371

(3) With respect to faculty members of a state institution of	88372
higher education, heads of departments or divisions are	88373
supervisors; however, no other faculty member or group of faculty	88374
members is a supervisor solely because the faculty member or group	88375
of faculty members participate in decisions with respect to	88376
courses, curriculum, personnel, or other matters of academic	88377
policy;	88378

(4) No teacher as defined in section 3319.09 of the Revised	88379
Code shall be designated as a supervisor or a management level	88380
employee unless the teacher is employed under a contract governed	88381
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and	88382
is assigned to a position for which a license deemed to be for	88383
administrators under state board rules is required pursuant to	88384
section 3319.22 of the Revised Code.	88385

(G) "To bargain collectively" means to perform the mutual	88386
obligation of the public employer, by its representatives, and the	88387
representatives of its employees to negotiate in good faith at	88388
reasonable times and places with respect to wages, hours, terms,	88389
and other conditions of employment and the continuation,	88390
modification, or deletion of an existing provision of a collective	88391
bargaining agreement, with the intention of reaching an agreement,	88392
or to resolve questions arising under the agreement. "To bargain	88393
collectively" includes executing a written contract incorporating	88394
the terms of any agreement reached. The obligation to bargain	88395
collectively does not mean that either party is compelled to agree	88396
to a proposal nor does it require the making of a concession.	88397

(H) "Strike" means continuous concerted action in failing to	88398
report to duty; willful absence from one's position; or stoppage	88399
of work in whole from the full, faithful, and proper performance	88400
of the duties of employment, for the purpose of inducing,	88401
influencing, or coercing a change in wages, hours, terms, and	88402
other conditions of employment. "Strike" does not include a	88403
stoppage of work by employees in good faith because of dangerous	88404
or unhealthful working conditions at the place of employment that	88405
are abnormal to the place of employment.	88406

(I) "Unauthorized strike" includes, but is not limited to,	88407
concerted action during the term or extended term of a collective	88408
bargaining agreement or during the pendency of the settlement	88409
procedures set forth in section 4117.14 of the Revised Code in	88410
failing to report to duty; willful absence from one's position;	88411
stoppage of work; slowdown, or abstinence in whole or in part from	88412
the full, faithful, and proper performance of the duties of	88413
employment for the purpose of inducing, influencing, or coercing a	88414
change in wages, hours, terms, and other conditions of employment.	88415
"Unauthorized strike" includes any such action, absence, stoppage,	88416
slowdown, or abstinence when done partially or intermittently,	88417
whether during or after the expiration of the term or extended	88418
term of a collective bargaining agreement or during or after the	88419
pendency of the settlement procedures set forth in section 4117.14	88420
of the Revised Code.	88421

(J) "Professional employee" means any employee engaged in	88422
work that is predominantly intellectual, involving the consistent	88423
exercise of discretion and judgment in its performance and	88424
requiring knowledge of an advanced type in a field of science or	88425
learning customarily acquired by a prolonged course in an	88426
institution of higher learning or a hospital, as distinguished	88427
from a general academic education or from an apprenticeship; or an	88428
employee who has completed the courses of specialized intellectual	88429
instruction and is performing related work under the supervision	88430
of a professional person to become qualified as a professional	88431
employee.	88432

(K) "Confidential employee" means any employee who works in	88433
the personnel offices of a public employer and deals with	88434
information to be used by the public employer in collective	88435
bargaining; or any employee who works in a close continuing	88436
relationship with public officers or representatives directly	88437
participating in collective bargaining on behalf of the employer.	88438

(L) "Management level employee" means an individual who	88439
formulates policy on behalf of the public employer, who	88440
responsibly directs the implementation of policy, or who may	88441
reasonably be required on behalf of the public employer to assist	88442
in the preparation for the conduct of collective negotiations,	88443
administer collectively negotiated agreements, or have a major	88444
role in personnel administration. Assistant superintendents,	88445
principals, and assistant principals whose employment is governed	88446
by section 3319.02 of the Revised Code are management level	88447
employees. With respect to members of a faculty of a state	88448
institution of higher education, no person is a management level	88449
employee because of the person's involvement in the formulation or	88450
implementation of academic or institution policy.	88451

(M) "Wages" means hourly rates of pay, salaries, or other	88452
forms of compensation for services rendered.	88453

(N) "Member of a police department" means a person who is in	88454
the employ of a police department of a municipal corporation as a	88455
full-time regular police officer as the result of an appointment	88456
from a duly established civil service eligibility list or under	88457
section 737.15 or 737.16 of the Revised Code, a full-time deputy	88458
sheriff appointed under section 311.04 of the Revised Code, a	88459
township constable appointed under section 509.01 of the Revised	88460
Code, or a member of a township police district police department	88461
appointed under section 505.49 of the Revised Code.	88462

(O) "Members of the state highway patrol" means highway	88463
patrol troopers and radio operators appointed under section	88464
5503.01 of the Revised Code.	88465

(P) "Member of a fire department" means a person who is in	88466
the employ of a fire department of a municipal corporation or a	88467
township as a fire cadet, full-time regular firefighter, or	88468
promoted rank as the result of an appointment from a duly	88469
established civil service eligibility list or under section	88470
505.38, 709.012, or 737.22 of the Revised Code.	88471

(Q) "Day" means calendar day.

88472

Sec. 4117.02. (A) There is hereby created the state	88473
employment relations board, consisting of three members to be	88474
appointed by the governor with the advice and consent of the	88475
senate. Members shall be knowledgeable about labor relations or	88476
personnel practices. No more than two of the three members shall	88477
belong to the same political party. A member of the state	88478
employment relations board during the member's period of service	88479
shall hold no other public office or public or private employment	88480
and shall allow no other responsibilities to interfere or conflict	88481
with the member's duties as a full-time state employment relations	88482
board member. Of the initial appointments made to the state	88483
employment relations board, one shall be for a term ending October	88484
6, 1984, one shall be for a term ending October 6, 1985, and one	88485
shall be for a term ending October 6, 1986. Thereafter, terms of	88486
office shall be for six years, each term ending on the same day of	88487
the same month of the year as did the term that it succeeds. Each	88488
member shall hold office from the date of the member's appointment	88489
until the end of the term for which the member is appointed. Any	88490
member appointed to fill a vacancy occurring prior to the	88491
expiration of the term for which the member's predecessor was	88492
appointed shall hold office for the remainder of the term. Any	88493
member shall continue in office subsequent to the expiration of	88494
the member's term until the member's successor takes office or	88495
until a period of sixty days has elapsed, whichever occurs first.	88496
The governor may remove any member of the state employment	88497
relations board, upon notice and public hearing, for neglect of	88498
duty or malfeasance in office, but for no other cause.	88499

(B)(1) The governor shall designate one member of the state	88500
employment relations board to serve as chairperson of the state	88501
employment relations board. The chairperson is the head of the	88502
state employment relations board and its chief executive officer.	88503

(2) The chairperson shall exercise all administrative powers	88504
and duties conferred upon the state employment relations board	88505
under this chapter and shall do all of the following:	88506

(a) ~~Except as provided in division (F)(2) of this section,~~	88507
~~employ~~Employ, promote, supervise, and remove all employees of the	88508
state employment relations board, and establish, change, or	88509
abolish positions and assign or reassign the duties of those	88510
employees as the chairperson determines necessary to achieve the	88511
most efficient performance of the ~~board's~~ duties of the state	88512
employment relations board under this chapter;	88513

(b) Determine the utilization by the state personnel board of	88514
review of employees of the state employment relations board as	88515
necessary for the state personnel board of review to exercise the	88516
powers and perform the duties of the state personnel board of	88517
review.	88518

(c) Maintain the office of the state employment relations	88519
board in Columbus and manage the office's daily operations,	88520
including securing offices, facilities, equipment, and supplies	88521
necessary to house the state employment relations board,	88522
employees of the state employment relations board, the state	88523
personnel board of review, and files and records under the	88524
~~board's~~ control of the state employment relations board and	88525
under the control of the state personnel board of review;	88526

~~(c)~~(d) Prepare and submit to the office of budget and	88527
management a budget for each biennium according to section	88528
107.03 of the Revised Code, and include in the budget the costs	88529
of the state employment relations board and its staff and the	88530
~~board's~~ costs of the state employment relations board in	88531
discharging any duty imposed by law upon the state employment	88532
relations board, the chairperson, or any of the ~~board's~~ employees	88533
or agents of the state employment relations board, and the costs	88534
of the state personnel board of review in discharging any duty	88535
imposed by law on the state personnel board of review or an agent	88536
of the state personnel board of review.	88537

(C) The vacancy on the state employment relations board does	88538
not impair the right of the remaining members to exercise all the	88539
powers of the state employment relations board, and two members of	88540
the state employment relations board, at all times, constitute a	88541
quorum. The state employment relations board shall have an	88542
official seal of which courts shall take judicial notice.	88543

(D) The state employment relations board shall make an annual	88544
report in writing to the governor and to the general assembly,	88545
stating in detail the work it has done.	88546

(E) Compensation of the chairperson and members shall be in	88547
accordance with division (J) of section 124.15 of the Revised	88548
Code. The chairperson and the members are eligible for	88549
reappointment. In addition to such compensation, all members shall	88550
be reimbursed for their necessary expenses incurred in the	88551
performance of their work as members.	88552

(F)(1) The chairperson, after consulting with the other state	88553
employment relations board members and receiving the consent of at	88554
least one other board member, shall appoint an executive director.	88555
The chairperson also shall appoint attorneys and ~~attorney-trial~~	88556
~~examiners~~shall appoint an assistant executive director who shall	88557
be an attorney admitted to practice law in this state and who	88558
shall serve as a liaison to the attorney general on legal matters	88559
before the state employment relations board.	88560

(2) The state employment relations board shall appoint	88561
~~mediators, arbitrators,~~ members of fact-finding panels~~, and~~	88562
~~directors for local areas,~~ and shall prescribe their job duties.	88563

(G)(1) The executive director shall serve at the pleasure of	88564
the chairperson. The executive director, under the direction of	88565
the chairperson, shall do all of the following:	88566

(a) Act as chief administrative officer for the state	88567
employment relations board;	88568

(b) Ensure that all employees of the state employment	88569
relations board comply with the rules of the state employment	88570
relations board;	88571

(c) Do all things necessary for the efficient and effective	88572
implementation of the duties of the state employment relations	88573
board.	88574

(2) The duties of the executive director described in	88575
division (G)(1) of this section do not relieve the chairperson	88576
from final responsibility for the proper performance of the duties	88577
described in that division.	88578

(H) The attorney general shall be the legal adviser of the	88579
state employment relations board and shall appear for and	88580
represent the state employment relations board and its agents in	88581
all legal proceedings. The state employment relations board may	88582
utilize regional, local, or other agencies, and utilize voluntary	88583
and uncompensated services as needed. The state employment	88584
relations board may contract with the federal mediation and	88585
conciliation service for the assistance of mediators, arbitrators,	88586
and other personnel the service makes available. The ~~board and the~~	88587
chairperson~~, respectively,~~ shall appoint all employees on the	88588
basis of training, practical experience, education, and character,	88589
notwithstanding the requirements established by section 119.09 of	88590
the Revised Code. The ~~board~~chairperson shall give special regard	88591
to the practical training and experience that employees have for	88592
the particular position involved. ~~All full-time employees of the~~	88593
~~board excepting the~~The executive director, ~~the head of the bureau~~	88594
~~of mediation~~assistant executive director, administrative law	88595
judges, employees holding a fiduciary or administrative relation	88596
to the state employment relations board as described in division	88597
(A)(9) of section 124.11 of the Revised Code, and the personal	88598
secretaries and assistants of the state employment relations board	88599
members are in the ~~classified~~unclassified service. All other	88600
full-time employees of the state employment relations board are in	88601
the classified service. All employees of the state employment	88602
relations board shall be paid in accordance with Chapter 124. of	88603
the Revised Code.	88604

(I) The ~~board~~chairperson shall select and assign ~~examiners~~	88605
administrative law judges and other agents whose functions are to	88606
conduct hearings with due regard to their impartiality, judicial	88607
temperament, and knowledge. If in any proceeding under this	88608
chapter, any party prior to five days before the hearing thereto	88609
files with the state employment relations board a sworn statement	88610
charging that the ~~examiner~~administrative law judge or other agent	88611
designated to conduct the hearing is biased or partial in the	88612
proceeding, the state employment relations board may disqualify	88613
the person and designate another ~~examiner~~administrative law judge	88614
or agent to conduct the proceeding. At least ten days before any	88615
hearing, the state employment relations board shall notify all	88616
parties to a proceeding of the name of the ~~examiner~~administrative	88617
law judge or agent designated to conduct the hearing.	88618

(J) The principal office of the state employment relations	88619
board is in Columbus, but it may meet and exercise any or all of	88620
its powers at any other place within the state. The state	88621
employment relations board may, by one or more of its employees,	88622
or any agents or agencies it designates, conduct in any part of	88623
this state any proceeding, hearing, investigation, inquiry, or	88624
election necessary to the performance of its functions; provided,	88625
that no person so designated may later sit in determination of an	88626
appeal of the decision of that cause or matter.	88627

(K) In addition to the powers and functions provided in other	88628
sections of this chapter, the state employment relations board	88629
shall do all of the following:	88630

(1) Create a bureau of mediation within the state employment	88631
relations board, to perform the functions provided in section	88632
4117.14 of the Revised Code. This bureau shall also establish,	88633
after consulting representatives of employee organizations and	88634
public employers, panels of qualified persons to be available to	88635
serve as members of fact-finding panels and arbitrators.	88636

(2) Conduct studies of problems involved in representation	88637
and negotiation and make recommendations for legislation;	88638

(3) Hold hearings pursuant to this chapter and, for the	88639
purpose of the hearings and inquiries, administer oaths and	88640
affirmations, examine witnesses and documents, take testimony and	88641
receive evidence, compel the attendance of witnesses and the	88642
production of documents by the issuance of subpoenas, and delegate	88643
these powers to any members of the state employment relations	88644
board or any ~~attorney-trial examiner appointed~~administrative law	88645
judge employed by the state employment relations board for the	88646
performance of its functions;	88647

(4) Train representatives of employee organizations and	88648
public employers in the rules and techniques of collective	88649
bargaining procedures;	88650

(5) Make studies and analyses of, and act as a clearinghouse	88651
of information relating to, conditions of employment of public	88652
employees throughout the state and request assistance, services,	88653
and data from any public employee organization, public employer,	88654
or governmental unit. Public employee organizations, public	88655
employers, and governmental units shall provide such assistance,	88656
services, and data as will enable the state employment relations	88657
board to carry out its functions and powers.	88658

(6) Make available to employee organizations, public	88659
employers, mediators, fact-finding panels, arbitrators, and joint	88660
study committees statistical data relating to wages, benefits, and	88661
employment practices in public and private employment applicable	88662
to various localities and occupations to assist them to resolve	88663
issues in negotiations;	88664

(7) Notwithstanding section 119.13 of the Revised Code,	88665
establish standards of persons who practice before it;	88666

(8) Adopt, amend, and rescind rules and procedures and	88667
exercise other powers appropriate to carry out this chapter.	88668
Before the adoption, amendment, or rescission of rules and	88669
procedures under this section, the state employment relations	88670
board shall do all of the following:	88671

(a) Maintain a list of interested public employers and	88672
employee organizations and mail notice to such groups of any	88673
proposed rule or procedure, amendment thereto, or rescission	88674
thereof at least thirty days before any public hearing thereon;	88675

(b) Mail a copy of each proposed rule or procedure, amendment	88676
thereto, or rescission thereof to any person who requests a copy	88677
within five days after receipt of the request therefor;	88678

(c) Consult with appropriate statewide organizations	88679
representing public employers or employees who would be affected	88680
by the proposed rule or procedure.	88681

Although the state employment relations board is expected to	88682
discharge these duties diligently, failure to mail any notice or	88683
copy, or to so consult with any person, is not jurisdictional and	88684
shall not be construed to invalidate any proceeding or action of	88685
the state employment relations board.	88686

(L) In case of neglect or refusal to obey a subpoena issued	88687
to any person, the court of common pleas of the county in which	88688
the investigation or the public hearing occurs, upon application	88689
by the state employment relations board, may issue an order	88690
requiring the person to appear before the state employment	88691
relations board and give testimony about the matter under	88692
investigation. The court may punish a failure to obey the order as	88693
contempt.	88694

(M) Any subpoena, notice of hearing, or other process or	88695
notice of the state employment relations board issued under this	88696
section may be served personally, by certified mail, or by leaving	88697
a copy at the principal office or personal residence of the	88698
respondent required to be served. A return, made and verified by	88699
the individual making the service and setting forth the manner of	88700
service, is proof of service, and a return post office receipt,	88701
when certified mail is used, is proof of service. All process in	88702
any court to which application is made under this chapter may be	88703
served in the county wherein the persons required to be served	88704
reside or are found.	88705

(N) All expenses of the state employment relations board,	88706
including all necessary traveling and subsistence expenses	88707
incurred by the members or employees of the state employment	88708
relations board under its orders, shall be paid pursuant to	88709
itemized vouchers approved by the chairperson of the state	88710
employment relations board, the executive director, or both, or	88711
such other person as the chairperson designates for that purpose.	88712

(O) Whenever the state employment relations board determines	88713
that a substantial controversy exists with respect to the	88714
application or interpretation of this chapter and the matter is of	88715
public or great general interest, the state employment relations	88716
board shall certify its final order directly to the court of	88717
appeals having jurisdiction over the area in which the principal	88718
office of the public employer directly affected by the application	88719
or interpretation is located. The chairperson shall file with the	88720
clerk of the court a certified copy of the transcript of the	88721
proceedings before the state employment relations board pertaining	88722
to the final order. If upon hearing and consideration the court	88723
decides that the final order of the state employment relations	88724
board is unlawful or is not supported by substantial evidence on	88725
the record as a whole, the court shall reverse and vacate the	88726
final order or modify it and enter final judgment in accordance	88727
with the modification; otherwise, the court shall affirm the final	88728
order. The notice of the final order of the state employment	88729
relations board to the interested parties shall contain a	88730
certification by the chairperson of the state employment relations	88731
board that the final order is of public or great general interest	88732
and that a certified transcript of the record of the proceedings	88733
before the state employment relations board had been filed with	88734
the clerk of the court as an appeal to the court. For the purposes	88735
of this division, the state employment relations board has	88736
standing to bring its final order properly before the court of	88737
appeals.	88738

(P) Except as otherwise specifically provided in this	88739
section, the state employment relations board is subject to	88740
Chapter 119. of the Revised Code, including the procedure for	88741
submission of proposed rules to the general assembly for	88742
legislative review under division (H) of section 119.03 of the	88743
Revised Code.	88744

Sec. 4117.07. (A) When a petition is filed, in accordance	88745
with rules prescribed by the state employment relations board:	88746

(1) By any employee or group of employees, or any individual	88747
or employee organization acting in their behalf, alleging that at	88748
least thirty per cent of the employees in an appropriate unit wish	88749
to be represented for collective bargaining by an exclusive	88750
representative, or asserting that the designated exclusive	88751
representative is no longer the representative of the majority of	88752
employees in the unit, the board shall investigate the petition,	88753
and if it has reasonable cause to believe that a question of	88754
representation exists, provide for an appropriate hearing upon due	88755
notice to the parties;	88756

(2) By the employer alleging that one or more employee	88757
organizations has presented to it a claim to be recognized as the	88758
exclusive representative in an appropriate unit, the board shall	88759
investigate the petition, and if it has reasonable cause to	88760
believe that a question of representation exists, provide for an	88761
appropriate hearing upon due notice to the parties.	88762

If the board finds upon the record of a hearing that a	88763
question of representation exists, it shall direct an election and	88764
certify the results thereof. No one may vote in an election by	88765
~~mail or~~ proxy. The board may also certify an employee organization	88766
as an exclusive representative if it determines that a free and	88767
untrammelled election cannot be conducted because of the	88768
employer's unfair labor practices and that at one time the	88769
employee organization had the support of the majority of the	88770
employees in the unit.	88771

(B) Only the names of those employee organizations designated	88772
by more than ten per cent of the employees in the unit found to be	88773
appropriate may be placed on the ballot. Nothing in this section	88774
shall be construed to prohibit the waiving of hearings by	88775
stipulation, in conformity with the rules of the board, for the	88776
purpose of a consent election.	88777

(C) The board shall conduct representation elections by	88778
secret ballot cast, at the board's discretion, by mail or	88779
electronically or in person, and at times and places selected by	88780
the board subject to the following:	88781

(1) The board shall give no less than ten days' notice of the	88782
time and place of an election;	88783

(2) The board shall establish rules concerning the conduct of	88784
any election including, but not limited to, rules to guarantee the	88785
secrecy of the ballot;	88786

(3) The board may not certify a representative unless the	88787
representative receives a majority of the valid ballots cast;	88788

(4) Except as provided in this section, the board shall	88789
include on the ballot a choice of "no representative";	88790

(5) In an election where none of the choices on the ballot	88791
receives a majority, the board shall conduct a runoff election. In	88792
that case, the ballot shall provide for a selection between the	88793
two choices or parties receiving the highest and the second	88794
highest number of ballots cast in the election.	88795

(6) The board may not conduct an election under this section	88796
in any appropriate bargaining unit within which a board-conducted	88797
election was held in the preceding twelve-month period, nor during	88798
the term of any lawful collective bargaining agreement between a	88799
public employer and an exclusive representative.	88800

Petitions for elections may be filed with the board no sooner	88801
than one hundred twenty days or later than ninety days before the	88802
expiration date of any collective bargaining agreement, or after	88803
the expiration date, until the public employer and exclusive	88804
representative enter into a new written agreement.	88805

For the purposes of this section, extensions of agreements do	88806
not affect the expiration date of the original agreement.	88807

Sec. 4117.12. (A) Whoever violates section 4117.11 of the	88808
Revised Code is guilty of an unfair labor practice remediable by	88809
the state employment relations board as specified in this section.	88810

(B) When anyone files a charge with the board alleging that	88811
an unfair labor practice has been committed, the board or its	88812
designated agent shall investigate the charge. If the board has	88813
probable cause for believing that a violation has occurred, the	88814
board shall issue a complaint and shall conduct a hearing	88815
concerning the charge. The board shall cause the complaint to be	88816
served upon the charged party which shall contain a notice of the	88817
time at which the hearing on the complaint will be held either	88818
before the board, a board member, or ~~a hearing officer~~an	88819
administrative law judge. The board may not issue a notice of	88820
hearing based upon any unfair labor practice occurring more than	88821
ninety days prior to the filing of the charge with the board,	88822
unless the person aggrieved thereby is prevented from filing the	88823
charge by reason of service in the armed forces, in which event	88824
the ninety-day period shall be computed from the day of ~~his~~the	88825
person's discharge. If the board dismisses a complaint as	88826
frivolous, it shall assess costs to the complainant pursuant to	88827
its standards governing such matters, and for that purpose, the	88828
board shall adopt a rule defining the standards by which the board	88829
will declare a complaint to be frivolous and the costs that will	88830
be assessed accordingly.	88831

(1) The board, board member, or ~~hearing officer~~	88832
administrative law judge shall hold a hearing on the charge within	88833
ten days after service of the complaint. The board may amend a	88834
complaint, upon receipt of a notice from the charging party, at	88835
any time prior to the close of the hearing, and the charged party	88836
shall within ten days from receipt of the complaint or amendment	88837
to the complaint, file an answer to the complaint or amendment to	88838
the complaint. The charged party may file an answer to an original	88839
or amended complaint. The agents of the board and the person	88840
charged are parties and may appear or otherwise give evidence at	88841
the hearing. At the discretion of the board, board member, or	88842
~~hearing officer~~administrative law judge, any interested party may	88843
intervene and present evidence at the hearing. The board, board	88844
member, or ~~hearing officer~~administrative law judge is not bound	88845
by the rules of evidence prevailing in the courts.	88846

(2) A board member or ~~hearing officer~~administrative law	88847
judge who conducts the hearing shall reduce the evidence taken to	88848
writing and file it with the board. The board member or the	88849
~~hearing officer~~administrative law judge may thereafter take	88850
further evidence or hear further argument if notice is given to	88851
all interested parties. The ~~hearing officer~~administrative law	88852
judge or board member shall issue to the parties a proposed	88853
decision, together with a recommended order and file it with the	88854
board. If the parties file no exceptions within twenty days after	88855
service thereof, the recommended order becomes the order of the	88856
board effective as therein prescribed. If the parties file	88857
exceptions to the proposed report, the board shall determine	88858
whether substantial issues have been raised. The board may rescind	88859
or modify the proposed order of the board member or ~~hearing~~	88860
~~officer~~administrative law judge; however, if the board determines	88861
that the exceptions do not raise substantial issues of fact or	88862
law, it may refuse to grant review, and the recommended order	88863
becomes effective as therein prescribed.	88864

(3) If upon the preponderance of the evidence taken, the	88865
board believes that any person named in the complaint has engaged	88866
in any unfair labor practice, the board shall state its findings	88867
of fact and issue and cause to be served on the person an order	88868
requiring that hethe person cease and desist from these unfair	88869
labor practices, and take such affirmative action, including	88870
reinstatement of employees with or without back pay, as will	88871
effectuate the policies of Chapter 4117. of the Revised Code. If	88872
upon a preponderance of the evidence taken, the board believes	88873
that the person named in the complaint has not engaged in an	88874
unfair labor practice it shall state its findings of fact and	88875
issue an order dismissing the complaint.	88876

(4) The board may order the public employer to reinstate the	88877
public employee and further may order either the public employer	88878
or the employee organization, depending on who was responsible for	88879
the discrimination suffered by the public employee, to make such	88880
payment of back pay to the public employee as the board	88881
determines. No order of the board shall require the reinstatement	88882
of any individual as an employee who has been suspended or	88883
discharged, or require the payment to ~~him~~the employee of any back	88884
pay, if the suspension or discharge was for just cause not related	88885
to rights provided in section 4117.03 of the Revised Code and the	88886
procedure contained in the collective bargaining agreement	88887
governing suspension or discharge was followed. The order of the	88888
board may require the party against whom the order is issued to	88889
make periodic reports showing the extent to which hethe party has	88890
complied with the order.	88891

(C) Whenever a complaint alleges that a person has engaged in	88892
an unfair labor practice and that the complainant will suffer	88893
substantial and irreparable injury if not granted temporary	88894
relief, the board may petition the court of common pleas for any	88895
county wherein the alleged unfair labor practice in question	88896
occurs, or wherein any person charged with the commission of any	88897
unfair labor practice resides or transacts business for	88898
appropriate injunctive relief, pending the final adjudication by	88899
the board with respect to the matter. Upon the filing of any	88900
petition, the court shall cause notice thereof to be served upon	88901
the parties, and thereupon has jurisdiction to grant the temporary	88902
relief or restraining order it considers just and proper.	88903

(D) Until the record in a case is filed in a court, as	88904
specified in Chapter 4117. of the Revised Code, the board may at	88905
any time upon reasonable notice and in a manner it considers	88906
proper, modify or set aside, in whole or in part, any finding or	88907
order made or issued by it.	88908

Sec. 4117.24. (A) The training, publications, and grants fund	88909
is hereby created in the state treasury. The state employment	88910
relations board shall deposit into the training, publications, and	88911
grants fund all moneys received from the following sources:	88912

~~(A)~~(1) Payments received by the state employment relations	88913
board for copies of documents, rulebooks, and other publications;	88914

~~(B)~~(2) Fees received from seminar participants;

88915

~~(C)~~(3) Receipts from the sale of clearinghouse data;

88916

~~(D)~~(4) Moneys received from grants, donations, awards,	88917
bequests, gifts, reimbursements, and similar funds;	88918

~~(E)~~(5) Reimbursement received for professional services and	88919
expenses related to professional services;	88920

~~(F)~~(6) Funds received to support the development of labor	88921
relations services and programs~~. The~~;	88922

(7) Moneys received by the state personnel board of review	88923
pursuant to division (C) of section 124.03 of the Revised Code.	88924

(B) The state employment relations board shall use all moneys	88925
deposited into the training, publications, and grants fund to	88926
defray ~~the~~all of the following:	88927

(1) The costs of furnishing and making available copies of	88928
documents, rulebooks, and other publications; ~~the~~	88929

(2) The costs of planning, organizing, and conducting	88930
training seminars; ~~the~~	88931

(3) The costs associated with grant projects, innovative	88932
labor-management cooperation programs, research projects related	88933
to these grants and programs, and the advancement in	88934
professionalism of public sector relations; ~~the~~	88935

(4) The professional development of state employment	88936
relations board employees; ~~and the~~	88937

(5) The costs of compiling clearinghouse data;

88938

(6) The cost of producing the administrative record of the	88939
state personnel board of review.	88940

The state employment relations board may seek, solicit, apply	88941
for, receive, and accept grants, gifts, and contributions of	88942
money, property, labor, and other things of value to be held for,	88943
used for, and applied to only the purpose for which the grants,	88944
gifts, and contributions are made, from individuals, private and	88945
public corporations, the United States or any agency thereof, the	88946
state or any agency thereof, and any political subdivision of the	88947
state, and may enter into any contract with any such public or	88948
private source in connection therewith to be held for, used for,	88949
and applied to only the purposes for which such grants are made	88950
and contracts are entered into, all subject to and in accordance	88951
with the purposes of this chapter. Any money received from the	88952
grants, gifts, contributions, or contracts shall be deposited into	88953
the training, publications, and grants fund.	88954

Sec. 4123.27. Information contained in the annual statement	88955
provided for in section 4123.26 of the Revised Code, and such	88956
other information as may be furnished to the bureau of workers'	88957
compensation by employers in pursuance of that section, is for the	88958
exclusive use and information of the bureau in the discharge of	88959
its official duties, and shall not be open to the public nor be	88960
used in any court in any action or proceeding pending therein	88961
unless the bureau is a party to the action or proceeding; but the	88962
information contained in the statement may be tabulated and	88963
published by the bureau in statistical form for the use and	88964
information of other state departments and the public. No person	88965
in the employ of the bureau, except those who are authorized by	88966
the administrator of workers' compensation, shall divulge any	88967
information secured by the person while in the employ of the	88968
bureau in respect to the transactions, property, claim files,	88969
records, or papers of the bureau or in respect to the business or	88970
mechanical, chemical, or other industrial process of any company,	88971
firm, corporation, person, association, partnership, or public	88972
utility to any person other than the administrator or to the	88973
superior of such employee of the bureau.	88974

Notwithstanding the restrictions imposed by this section, the	88975
governor, select or standing committees of the general assembly,	88976
the auditor of state, the attorney general, or their designees,	88977
pursuant to the authority granted in this chapter and Chapter	88978
4121. of the Revised Code, may examine any records, claim files,	88979
or papers in possession of the industrial commission or the	88980
bureau. They also are bound by the privilege that attaches to	88981
these papers.	88982

The administrator shall report to the director of job and	88983
family services or to the county director of job and family	88984
services the name, address, and social security number or other	88985
identification number of any person receiving workers'	88986
compensation whose name or social security number or other	88987
identification number is the same as that of a person required by	88988
a court or child support enforcement agency to provide support	88989
payments to a recipient or participant of public assistance, and	88990
whose name is submitted to the administrator by the director under	88991
section 5101.36 of the Revised Code. The administrator also shall	88992
inform the director of the amount of workers' compensation paid to	88993
the person during such period as the director specifies.	88994

Within fourteen days after receiving from the director of job	88995
and family services a list of the names and social security	88996
numbers of recipients or participants of public assistance	88997
pursuant to section 5101.181 of the Revised Code, the	88998
administrator shall inform the auditor of state of the name,	88999
current or most recent address, and social security number of each	89000
person receiving workers' compensation pursuant to this chapter	89001
whose name and social security number are the same as that of a	89002
person whose name or social security number was submitted by the	89003
director. The administrator also shall inform the auditor of state	89004
of the amount of workers' compensation paid to the person during	89005
such period as the director specifies.	89006

The bureau and its employees, except for purposes of	89007
furnishing the auditor of state with information required by this	89008
section, shall preserve the confidentiality of recipients or	89009
participants of public assistance in compliance with division (A)	89010
of section 5101.181 of the Revised Code.	89011

For the purposes of this section, "public assistance" means	89012
medical assistance provided through the medical assistance program	89013
established under section 5111.01 of the Revised Code, Ohio works	89014
first provided under Chapter 5107. of the Revised Code,	89015
prevention, retention, and contingency benefits and services	89016
provided under Chapter 5108. of the Revised Code, or disability	89017
financial assistance provided under Chapter 5115. of the Revised	89018
Code~~, or disability medical assistance provided under Chapter~~	89019
~~5115. of the Revised Code~~.	89020

Sec. 4123.446. (A) As used in this section:

89021

(1) "Minority business enterprise" has the meaning defined in	89022
section 122.71 of the Revised Code.	89023

(2) "Women's business enterprise" means a business, or a	89024
partnership, corporation, limited liability company, or joint	89025
venture of any kind, that is owned and controlled by women who are	89026
United States citizens and residents of this state.	89027

(B) The administrator of workers' compensation shall submit	89028
annually to the governor and to the general assembly (under	89029
section 101.68 of the Revised Code) a report containing the	89030
following information:	89031

(1) The name of each investment manager that is a minority	89032
business enterprise or a women's business enterprise with which	89033
the administrator contracts;	89034

(2) The amount of assets managed by investment managers that	89035
are minority business enterprises or women's business enterprises,	89036
expressed as a percentage of assets managed by investment managers	89037
with which the administrator has contracted;	89038

(3) Efforts by the administrator to increase utilization of	89039
investment managers that are minority business enterprises or	89040
women's business enterprises.	89041

Sec. 4141.01. As used in this chapter, unless the context	89042
otherwise requires:	89043

(A)(1) "Employer" means the state, its instrumentalities, its	89044
political subdivisions and their instrumentalities, Indian tribes,	89045
and any individual or type of organization including any	89046
partnership, limited liability company, association, trust,	89047
estate, joint-stock company, insurance company, or corporation,	89048
whether domestic or foreign, or the receiver, trustee in	89049
bankruptcy, trustee, or the successor thereof, or the legal	89050
representative of a deceased person who subsequent to December 31,	89051
1971, or in the case of political subdivisions or their	89052
instrumentalities, subsequent to December 31, 1973:	89053

(a) Had in employment at least one individual, or in the case	89054
of a nonprofit organization, subsequent to December 31, 1973, had	89055
not less than four individuals in employment for some portion of a	89056
day in each of twenty different calendar weeks, in either the	89057
current or the preceding calendar year whether or not the same	89058
individual was in employment in each such day; or	89059

(b) Except for a nonprofit organization, had paid for service	89060
in employment wages of fifteen hundred dollars or more in any	89061
calendar quarter in either the current or preceding calendar year;	89062
or	89063

(c) Had paid, subsequent to December 31, 1977, for employment	89064
in domestic service in a local college club, or local chapter of a	89065
college fraternity or sorority, cash remuneration of one thousand	89066
dollars or more in any calendar quarter in the current calendar	89067
year or the preceding calendar year, or had paid subsequent to	89068
December 31, 1977, for employment in domestic service in a private	89069
home cash remuneration of one thousand dollars in any calendar	89070
quarter in the current calendar year or the preceding calendar	89071
year:	89072

(i) For the purposes of divisions (A)(1)(a) and (b) of this	89073
section, there shall not be taken into account any wages paid to,	89074
or employment of, an individual performing domestic service as	89075
described in this division.	89076

(ii) An employer under this division shall not be an employer	89077
with respect to wages paid for any services other than domestic	89078
service unless the employer is also found to be an employer under	89079
division (A)(1)(a), (b), or (d) of this section.	89080

(d) As a farm operator or a crew leader subsequent to	89081
December 31, 1977, had in employment individuals in agricultural	89082
labor; and	89083

(i) During any calendar quarter in the current calendar year	89084
or the preceding calendar year, paid cash remuneration of twenty	89085
thousand dollars or more for the agricultural labor; or	89086

(ii) Had at least ten individuals in employment in	89087
agricultural labor, not including agricultural workers who are	89088
aliens admitted to the United States to perform agricultural labor	89089
pursuant to sections 1184(c) and 1101(a)(15)(H) of the	89090
"Immigration and Nationality Act," 66 Stat. 163, 189, 8 U.S.C.A.	89091
1101(a)(15)(H)(ii)(a), 1184(c), for some portion of a day in each	89092
of the twenty different calendar weeks, in either the current or	89093
preceding calendar year whether or not the same individual was in	89094
employment in each day; or	89095

(e) Is not otherwise an employer as defined under division	89096
(A)(1)(a) or (b) of this section; and	89097

(i) For which, within either the current or preceding	89098
calendar year, service, except for domestic service in a private	89099
home not covered under division (A)(1)(c) of this section, is or	89100
was performed with respect to which such employer is liable for	89101
any federal tax against which credit may be taken for	89102
contributions required to be paid into a state unemployment fund;	89103

(ii) Which, as a condition for approval of this chapter for	89104
full tax credit against the tax imposed by the "Federal	89105
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is	89106
required, pursuant to such act to be an employer under this	89107
chapter; or	89108

(iii) Who became an employer by election under division	89109
(A)(4) or (5) of this section and for the duration of such	89110
election; or	89111

(f) In the case of the state, its instrumentalities, its	89112
political subdivisions, and their instrumentalities, and Indian	89113
tribes, had in employment, as defined in divisions (B)(2)(a) and	89114
(B)(2)(l) of this section, at least one individual;	89115

(g) For the purposes of division (A)(1)(a) of this section,	89116
if any week includes both the thirty-first day of December and the	89117
first day of January, the days of that week before the first day	89118
of January shall be considered one calendar week and the days	89119
beginning the first day of January another week.	89120

(2) Each individual employed to perform or to assist in	89121
performing the work of any agent or employee of an employer is	89122
employed by such employer for all the purposes of this chapter,	89123
whether such individual was hired or paid directly by such	89124
employer or by such agent or employee, provided the employer had	89125
actual or constructive knowledge of the work. All individuals	89126
performing services for an employer of any person in this state	89127
who maintains two or more establishments within this state are	89128
employed by a single employer for the purposes of this chapter.	89129

(3) An employer subject to this chapter within any calendar	89130
year is subject to this chapter during the whole of such year and	89131
during the next succeeding calendar year.	89132

(4) An employer not otherwise subject to this chapter who	89133
files with the director of job and family services a written	89134
election to become an employer subject to this chapter for not	89135
less than two calendar years shall, with the written approval of	89136
such election by the director, become an employer subject to this	89137
chapter to the same extent as all other employers as of the date	89138
stated in such approval, and shall cease to be subject to this	89139
chapter as of the first day of January of any calendar year	89140
subsequent to such two calendar years only if at least thirty days	89141
prior to such first day of January the employer has filed with the	89142
director a written notice to that effect.	89143

(5) Any employer for whom services that do not constitute	89144
employment are performed may file with the director a written	89145
election that all such services performed by individuals in the	89146
employer's employ in one or more distinct establishments or places	89147
of business shall be deemed to constitute employment for all the	89148
purposes of this chapter, for not less than two calendar years.	89149
Upon written approval of the election by the director, such	89150
services shall be deemed to constitute employment subject to this	89151
chapter from and after the date stated in such approval. Such	89152
services shall cease to be employment subject to this chapter as	89153
of the first day of January of any calendar year subsequent to	89154
such two calendar years only if at least thirty days prior to such	89155
first day of January such employer has filed with the director a	89156
written notice to that effect.	89157

(B)(1) "Employment" means service performed by an individual	89158
for remuneration under any contract of hire, written or oral,	89159
express or implied, including service performed in interstate	89160
commerce and service performed by an officer of a corporation,	89161
without regard to whether such service is executive, managerial,	89162
or manual in nature, and without regard to whether such officer is	89163
a stockholder or a member of the board of directors of the	89164
corporation, unless it is shown to the satisfaction of the	89165
director that such individual has been and will continue to be	89166
free from direction or control over the performance of such	89167
service, both under a contract of service and in fact. The	89168
director shall adopt rules to define "direction or control."	89169

(2) "Employment" includes:

89170

(a) Service performed after December 31, 1977, by an	89171
individual in the employ of the state or any of its	89172
instrumentalities, or any political subdivision thereof or any of	89173
its instrumentalities or any instrumentality of more than one of	89174
the foregoing or any instrumentality of any of the foregoing and	89175
one or more other states or political subdivisions and without	89176
regard to divisions (A)(1)(a) and (b) of this section, provided	89177
that such service is excluded from employment as defined in the	89178
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,	89179
3306(c)(7) and is not excluded under division (B)(3) of this	89180
section; or the services of employees covered by voluntary	89181
election, as provided under divisions (A)(4) and (5) of this	89182
section;	89183

(b) Service performed after December 31, 1971, by an	89184
individual in the employ of a religious, charitable, educational,	89185
or other organization which is excluded from the term "employment"	89186
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26	89187
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A.	89188
3306(c)(8) of that act and is not excluded under division (B)(3)	89189
of this section;	89190

(c) Domestic service performed after December 31, 1977, for	89191
an employer, as provided in division (A)(1)(c) of this section;	89192

(d) Agricultural labor performed after December 31, 1977, for	89193
a farm operator or a crew leader, as provided in division	89194
(A)(1)(d) of this section;	89195

(e) Service not covered under division (B)(1) of this section	89196
which is performed after December 31, 1971:	89197

(i) As an agent-driver or commission-driver engaged in	89198
distributing meat products, vegetable products, fruit products,	89199
bakery products, beverages other than milk, laundry, or	89200
dry-cleaning services, for the individual's employer or principal;	89201

(ii) As a traveling or city salesperson, other than as an	89202
agent-driver or commission-driver, engaged on a full-time basis in	89203
the solicitation on behalf of and in the transmission to the	89204
salesperson's employer or principal except for sideline sales	89205
activities on behalf of some other person of orders from	89206
wholesalers, retailers, contractors, or operators of hotels,	89207
restaurants, or other similar establishments for merchandise for	89208
resale, or supplies for use in their business operations, provided	89209
that for the purposes of division (B)(2)(e)(ii) of this section,	89210
the services shall be deemed employment if the contract of service	89211
contemplates that substantially all of the services are to be	89212
performed personally by the individual and that the individual	89213
does not have a substantial investment in facilities used in	89214
connection with the performance of the services other than in	89215
facilities for transportation, and the services are not in the	89216
nature of a single transaction that is not a part of a continuing	89217
relationship with the person for whom the services are performed.	89218

(f) An individual's entire service performed within or both	89219
within and without the state if:	89220

(i) The service is localized in this state.

89221

(ii) The service is not localized in any state, but some of	89222
the service is performed in this state and either the base of	89223
operations, or if there is no base of operations then the place	89224
from which such service is directed or controlled, is in this	89225
state or the base of operations or place from which such service	89226
is directed or controlled is not in any state in which some part	89227
of the service is performed but the individual's residence is in	89228
this state.	89229

(g) Service not covered under division (B)(2)(f)(ii) of this	89230
section and performed entirely without this state, with respect to	89231
no part of which contributions are required and paid under an	89232
unemployment compensation law of any other state, the Virgin	89233
Islands, Canada, or of the United States, if the individual	89234
performing such service is a resident of this state and the	89235
director approves the election of the employer for whom such	89236
services are performed; or, if the individual is not a resident of	89237
this state but the place from which the service is directed or	89238
controlled is in this state, the entire services of such	89239
individual shall be deemed to be employment subject to this	89240
chapter, provided service is deemed to be localized within this	89241
state if the service is performed entirely within this state or if	89242
the service is performed both within and without this state but	89243
the service performed without this state is incidental to the	89244
individual's service within the state, for example, is temporary	89245
or transitory in nature or consists of isolated transactions;	89246

(h) Service of an individual who is a citizen of the United	89247
States, performed outside the United States except in Canada after	89248
December 31, 1971, or the Virgin Islands, after December 31, 1971,	89249
and before the first day of January of the year following that in	89250
which the United States secretary of labor approves the Virgin	89251
Islands law for the first time, in the employ of an American	89252
employer, other than service which is "employment" under divisions	89253
(B)(2)(f) and (g) of this section or similar provisions of another	89254
state's law, if:	89255

(i) The employer's principal place of business in the United	89256
States is located in this state;	89257

(ii) The employer has no place of business in the United	89258
States, but the employer is an individual who is a resident of	89259
this state; or the employer is a corporation which is organized	89260
under the laws of this state, or the employer is a partnership or	89261
a trust and the number of partners or trustees who are residents	89262
of this state is greater than the number who are residents of any	89263
other state; or	89264

(iii) None of the criteria of divisions (B)(2)(f)(i) and (ii)	89265
of this section is met but the employer has elected coverage in	89266
this state or the employer having failed to elect coverage in any	89267
state, the individual has filed a claim for benefits, based on	89268
such service, under this chapter.	89269

(i) For the purposes of division (B)(2)(h) of this section,	89270
the term "American employer" means an employer who is an	89271
individual who is a resident of the United States; or a	89272
partnership, if two-thirds or more of the partners are residents	89273
of the United States; or a trust, if all of the trustees are	89274
residents of the United States; or a corporation organized under	89275
the laws of the United States or of any state, provided the term	89276
"United States" includes the states, the District of Columbia, the	89277
Commonwealth of Puerto Rico, and the Virgin Islands.	89278

(j) Notwithstanding any other provisions of divisions (B)(1)	89279
and (2) of this section, service, except for domestic service in a	89280
private home not covered under division (A)(1)(c) of this section,	89281
with respect to which a tax is required to be paid under any	89282
federal law imposing a tax against which credit may be taken for	89283
contributions required to be paid into a state unemployment fund,	89284
or service, except for domestic service in a private home not	89285
covered under division (A)(1)(c) of this section, which, as a	89286
condition for full tax credit against the tax imposed by the	89287
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to	89288
3311, is required to be covered under this chapter.	89289

(k) Construction services performed by any individual under a	89290
construction contract, as defined in section 4141.39 of the	89291
Revised Code, if the director determines that the employer for	89292
whom services are performed has the right to direct or control the	89293
performance of the services and that the individuals who perform	89294
the services receive remuneration for the services performed. The	89295
director shall presume that the employer for whom services are	89296
performed has the right to direct or control the performance of	89297
the services if ten or more of the following criteria apply:	89298

(i) The employer directs or controls the manner or method by	89299
which instructions are given to the individual performing	89300
services;	89301

(ii) The employer requires particular training for the	89302
individual performing services;	89303

(iii) Services performed by the individual are integrated	89304
into the regular functioning of the employer;	89305

(iv) The employer requires that services be provided by a	89306
particular individual;	89307

(v) The employer hires, supervises, or pays the wages of the	89308
individual performing services;	89309

(vi) A continuing relationship between the employer and the	89310
individual performing services exists which contemplates	89311
continuing or recurring work, even if not full-time work;	89312

(vii) The employer requires the individual to perform	89313
services during established hours;	89314

(viii) The employer requires that the individual performing	89315
services be devoted on a full-time basis to the business of the	89316
employer;	89317

(ix) The employer requires the individual to perform services	89318
on the employer's premises;	89319

(x) The employer requires the individual performing services	89320
to follow the order of work established by the employer;	89321

(xi) The employer requires the individual performing services	89322
to make oral or written reports of progress;	89323

(xii) The employer makes payment to the individual for	89324
services on a regular basis, such as hourly, weekly, or monthly;	89325

(xiii) The employer pays expenses for the individual	89326
performing services;	89327

(xiv) The employer furnishes the tools and materials for use	89328
by the individual to perform services;	89329

(xv) The individual performing services has not invested in	89330
the facilities used to perform services;	89331

(xvi) The individual performing services does not realize a	89332
profit or suffer a loss as a result of the performance of the	89333
services;	89334

(xvii) The individual performing services is not performing	89335
services for more than two employers simultaneously;	89336

(xviii) The individual performing services does not make the	89337
services available to the general public;	89338

(xix) The employer has a right to discharge the individual	89339
performing services;	89340

(xx) The individual performing services has the right to end	89341
the individual's relationship with the employer without incurring	89342
liability pursuant to an employment contract or agreement.	89343

(l) Service performed by an individual in the employ of an	89344
Indian tribe as defined by section 4(e) of the "Indian	89345
Self-Determination and Education Assistance Act," 88 Stat. 2204	89346
(1975), 25 U.S.C.A. 450b(e), including any subdivision,	89347
subsidiary, or business enterprise wholly owned by an Indian tribe	89348
provided that the service is excluded from employment as defined	89349
in the "Federal Unemployment Tax Act," 53 Stat. 183, (1939), 26	89350
U.S.C.A. 3301 and 3306(c)(7) and is not excluded under division	89351
(B)(3) of this section.	89352

(3) "Employment" does not include the following services if	89353
they are found not subject to the "Federal Unemployment Tax Act,"	89354
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services	89355
are not required to be included under division (B)(2)(j) of this	89356
section:	89357

(a) Service performed after December 31, 1977, in	89358
agricultural labor, except as provided in division (A)(1)(d) of	89359
this section;	89360

(b) Domestic service performed after December 31, 1977, in a	89361
private home, local college club, or local chapter of a college	89362
fraternity or sorority except as provided in division (A)(1)(c) of	89363
this section;	89364

(c) Service performed after December 31, 1977, for this state	89365
or a political subdivision as described in division (B)(2)(a) of	89366
this section when performed:	89367

(i) As a publicly elected official;

89368

(ii) As a member of a legislative body, or a member of the	89369
judiciary;	89370

(iii) As a military member of the Ohio national guard;

89371

(iv) As an employee, not in the classified service as defined	89372
in section 124.11 of the Revised Code, serving on a temporary	89373
basis in case of fire, storm, snow, earthquake, flood, or similar	89374
emergency;	89375

(v) In a position which, under or pursuant to law, is	89376
designated as a major nontenured policymaking or advisory	89377
position, not in the classified service of the state, or a	89378
policymaking or advisory position the performance of the duties of	89379
which ordinarily does not require more than eight hours per week.	89380

(d) In the employ of any governmental unit or instrumentality	89381
of the United States;	89382

(e) Service performed after December 31, 1971:

89383

(i) Service in the employ of an educational institution or	89384
institution of higher education, including those operated by the	89385
state or a political subdivision, if such service is performed by	89386
a student who is enrolled and is regularly attending classes at	89387
the educational institution or institution of higher education; or	89388

(ii) By an individual who is enrolled at a nonprofit or	89389
public educational institution which normally maintains a regular	89390
faculty and curriculum and normally has a regularly organized body	89391
of students in attendance at the place where its educational	89392
activities are carried on as a student in a full-time program,	89393
taken for credit at the institution, which combines academic	89394
instruction with work experience, if the service is an integral	89395
part of the program, and the institution has so certified to the	89396
employer, provided that this subdivision shall not apply to	89397
service performed in a program established for or on behalf of an	89398
employer or group of employers;	89399

(f) Service performed by an individual in the employ of the	89400
individual's son, daughter, or spouse and service performed by a	89401
child under the age of eighteen in the employ of the child's	89402
father or mother;	89403

(g) Service performed for one or more principals by an	89404
individual who is compensated on a commission basis, who in the	89405
performance of the work is master of the individual's own time and	89406
efforts, and whose remuneration is wholly dependent on the amount	89407
of effort the individual chooses to expend, and which service is	89408
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183	89409
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after December	89410
31, 1971:	89411

(i) By an individual for an employer as an insurance agent or	89412
as an insurance solicitor, if all this service is performed for	89413
remuneration solely by way of commission;	89414

(ii) As a home worker performing work, according to	89415
specifications furnished by the employer for whom the services are	89416
performed, on materials or goods furnished by such employer which	89417
are required to be returned to the employer or to a person	89418
designated for that purpose.	89419

(h) Service performed after December 31, 1971:

89420

(i) In the employ of a church or convention or association of	89421
churches, or in an organization which is operated primarily for	89422
religious purposes and which is operated, supervised, controlled,	89423
or principally supported by a church or convention or association	89424
of churches;	89425

(ii) By a duly ordained, commissioned, or licensed minister	89426
of a church in the exercise of the individual's ministry or by a	89427
member of a religious order in the exercise of duties required by	89428
such order; or	89429

(iii) In a facility conducted for the purpose of carrying out	89430
a program of rehabilitation for individuals whose earning capacity	89431
is impaired by age or physical or mental deficiency or injury, or	89432
providing remunerative work for individuals who because of their	89433
impaired physical or mental capacity cannot be readily absorbed in	89434
the competitive labor market, by an individual receiving such	89435
rehabilitation or remunerative work;	89436

(i) Service performed after June 30, 1939, with respect to	89437
which unemployment compensation is payable under the "Railroad	89438
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;	89439

(j) Service performed by an individual in the employ of any	89440
organization exempt from income tax under section 501 of the	89441
"Internal Revenue Code of 1954," if the remuneration for such	89442
service does not exceed fifty dollars in any calendar quarter, or	89443
if such service is in connection with the collection of dues or	89444
premiums for a fraternal beneficial society, order, or association	89445
and is performed away from the home office or is ritualistic	89446
service in connection with any such society, order, or	89447
association;	89448

(k) Casual labor not in the course of an employer's trade or	89449
business; incidental service performed by an officer, appraiser,	89450
or member of a finance committee of a bank, building and loan	89451
association, savings and loan association, or savings association	89452
when the remuneration for such incidental service exclusive of the	89453
amount paid or allotted for directors' fees does not exceed sixty	89454
dollars per calendar quarter is casual labor;	89455

(l) Service performed in the employ of a voluntary employees'	89456
beneficial association providing for the payment of life,	89457
sickness, accident, or other benefits to the members of such	89458
association or their dependents or their designated beneficiaries,	89459
if admission to a membership in such association is limited to	89460
individuals who are officers or employees of a municipal or public	89461
corporation, of a political subdivision of the state, or of the	89462
United States and no part of the net earnings of such association	89463
inures, other than through such payments, to the benefit of any	89464
private shareholder or individual;	89465

(m) Service performed by an individual in the employ of a	89466
foreign government, including service as a consular or other	89467
officer or employee or of a nondiplomatic representative;	89468

(n) Service performed in the employ of an instrumentality	89469
wholly owned by a foreign government if the service is of a	89470
character similar to that performed in foreign countries by	89471
employees of the United States or of an instrumentality thereof	89472
and if the director finds that the secretary of state of the	89473
United States has certified to the secretary of the treasury of	89474
the United States that the foreign government, with respect to	89475
whose instrumentality exemption is claimed, grants an equivalent	89476
exemption with respect to similar service performed in the foreign	89477
country by employees of the United States and of instrumentalities	89478
thereof;	89479

(o) Service with respect to which unemployment compensation	89480
is payable under an unemployment compensation system established	89481
by an act of congress;	89482

(p) Service performed as a student nurse in the employ of a	89483
hospital or a nurses' training school by an individual who is	89484
enrolled and is regularly attending classes in a nurses' training	89485
school chartered or approved pursuant to state law, and service	89486
performed as an intern in the employ of a hospital by an	89487
individual who has completed a four years' course in a medical	89488
school chartered or approved pursuant to state law;	89489

(q) Service performed by an individual under the age of	89490
eighteen in the delivery or distribution of newspapers or shopping	89491
news, not including delivery or distribution to any point for	89492
subsequent delivery or distribution;	89493

(r) Service performed in the employ of the United States or	89494
an instrumentality of the United States immune under the	89495
Constitution of the United States from the contributions imposed	89496
by this chapter, except that to the extent that congress permits	89497
states to require any instrumentalities of the United States to	89498
make payments into an unemployment fund under a state unemployment	89499
compensation act, this chapter shall be applicable to such	89500
instrumentalities and to services performed for such	89501
instrumentalities in the same manner, to the same extent, and on	89502
the same terms as to all other employers, individuals, and	89503
services, provided that if this state is not certified for any	89504
year by the proper agency of the United States under section 3304	89505
of the "Internal Revenue Code of 1954," the payments required of	89506
such instrumentalities with respect to such year shall be refunded	89507
by the director from the fund in the same manner and within the	89508
same period as is provided in division (E) of section 4141.09 of	89509
the Revised Code with respect to contributions erroneously	89510
collected;	89511

(s) Service performed by an individual as a member of a band	89512
or orchestra, provided such service does not represent the	89513
principal occupation of such individual, and which service is not	89514
subject to or required to be covered for full tax credit against	89515
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.	89516
183 (1939), 26 U.S.C.A. 3301 to 3311.	89517

(t) Service performed in the employ of a day camp whose	89518
camping season does not exceed twelve weeks in any calendar year,	89519
and which service is not subject to the "Federal Unemployment Tax	89520
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service	89521
performed after December 31, 1971:	89522

(i) In the employ of a hospital, if the service is performed	89523
by a patient of the hospital, as defined in division (W) of this	89524
section;	89525

(ii) For a prison or other correctional institution by an	89526
inmate of the prison or correctional institution;	89527

(iii) Service performed after December 31, 1977, by an inmate	89528
of a custodial institution operated by the state, a political	89529
subdivision, or a nonprofit organization.	89530

(u) Service that is performed by a nonresident alien	89531
individual for the period the individual temporarily is present in	89532
the United States as a nonimmigrant under division (F), (J), (M),	89533
or (Q) of section 101(a)(15) of the "Immigration and Nationality	89534
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded	89535
under section 3306(c)(19) of the "Federal Unemployment Tax Act,"	89536
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.	89537

(v) Notwithstanding any other provisions of division (B)(3)	89538
of this section, services that are excluded under divisions	89539
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded	89540
from employment when performed for a nonprofit organization, as	89541
defined in division (X) of this section, or for this state or its	89542
instrumentalities, or for a political subdivision or its	89543
instrumentalities or for Indian tribes;	89544

(w) Service that is performed by an individual working as an	89545
election official or election worker if the amount of remuneration	89546
received by the individual during the calendar year for services	89547
as an election official or election worker is less than one	89548
thousand dollars;	89549

(x) Service performed for an elementary or secondary school	89550
that is operated primarily for religious purposes, that is	89551
described in subsection 501(c)(3) and exempt from federal income	89552
taxation under subsection 501(a) of the Internal Revenue Code, 26	89553
U.S.C.A. 501;	89554

(y) Service performed by a person committed to a penal	89555
institution.	89556

(z) Service performed for an Indian tribe as described in	89557
division (B)(2)(l) of this section when performed in any of the	89558
following manners:	89559

(i) As a publicly elected official;

89560

(ii) As a member of an Indian tribal council;

89561

(iii) As a member of a legislative or judiciary body;

89562

(iv) In a position which, pursuant to Indian tribal law, is	89563
designated as a major nontenured policymaking or advisory	89564
position, or a policymaking or advisory position where the	89565
performance of the duties ordinarily does not require more than	89566
eight hours of time per week;	89567

(v) As an employee serving on a temporary basis in the case	89568
of a fire, storm, snow, earthquake, flood, or similar emergency.	89569

(aa) Service performed after December 31, 1971, for a	89570
nonprofit organization, this state or its instrumentalities, a	89571
political subdivision or its instrumentalities, or an Indian tribe	89572
as part of an unemployment work-relief or work-training program	89573
assisted or financed in whole or in part by any federal agency or	89574
an agency of a state or political subdivision, thereof, by an	89575
individual receiving the work-relief or work-training.	89576

(4) If the services performed during one half or more of any	89577
pay period by an employee for the person employing that employee	89578
constitute employment, all the services of such employee for such	89579
period shall be deemed to be employment; but if the services	89580
performed during more than one half of any such pay period by an	89581
employee for the person employing that employee do not constitute	89582
employment, then none of the services of such employee for such	89583
period shall be deemed to be employment. As used in division	89584
(B)(4) of this section, "pay period" means a period, of not more	89585
than thirty-one consecutive days, for which payment of	89586
remuneration is ordinarily made to the employee by the person	89587
employing that employee. Division (B)(4) of this section does not	89588
apply to services performed in a pay period by an employee for the	89589
person employing that employee, if any of such service is excepted	89590
by division (B)(3)(o) of this section.	89591

(C) "Benefits" means money payments payable to an individual	89592
who has established benefit rights, as provided in this chapter,	89593
for loss of remuneration due to the individual's unemployment.	89594

(D) "Benefit rights" means the weekly benefit amount and the	89595
maximum benefit amount that may become payable to an individual	89596
within the individual's benefit year as determined by the	89597
director.	89598

(E) "Claim for benefits" means a claim for waiting period or	89599
benefits for a designated week.	89600

(F) "Additional claim" means the first claim for benefits	89601
filed following any separation from employment during a benefit	89602
year; "continued claim" means any claim other than the first claim	89603
for benefits and other than an additional claim.	89604

(G)(1) "Wages" means remuneration paid to an employee by each	89605
of the employee's employers with respect to employment; except	89606
that wages shall not include that part of remuneration paid during	89607
any calendar year to an individual by an employer or such	89608
employer's predecessor in interest in the same business or	89609
enterprise, which in any calendar year is in excess of eight	89610
thousand two hundred fifty dollars on and after January 1, 1992;	89611
eight thousand five hundred dollars on and after January 1, 1993;	89612
eight thousand seven hundred fifty dollars on and after January 1,	89613
1994; and nine thousand dollars on and after January 1, 1995.	89614
Remuneration in excess of such amounts shall be deemed wages	89615
subject to contribution to the same extent that such remuneration	89616
is defined as wages under the "Federal Unemployment Tax Act," 84	89617
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The	89618
remuneration paid an employee by an employer with respect to	89619
employment in another state, upon which contributions were	89620
required and paid by such employer under the unemployment	89621
compensation act of such other state, shall be included as a part	89622
of remuneration in computing the amount specified in this	89623
division.	89624

(2) Notwithstanding division (G)(1) of this section, if, as	89625
of the computation date for any calendar year, the director	89626
determines that the level of the unemployment compensation fund is	89627
sixty per cent or more below the minimum safe level as defined in	89628
section 4141.25 of the Revised Code, then, effective the first day	89629
of January of the following calendar year, wages subject to this	89630
chapter shall not include that part of remuneration paid during	89631
any calendar year to an individual by an employer or such	89632
employer's predecessor in interest in the same business or	89633
enterprise which is in excess of nine thousand dollars. The	89634
increase in the dollar amount of wages subject to this chapter	89635
under this division shall remain in effect from the date of the	89636
director's determination pursuant to division (G)(2) of this	89637
section and thereafter notwithstanding the fact that the level in	89638
the fund may subsequently become less than sixty per cent below	89639
the minimum safe level.	89640

(H)(1) "Remuneration" means all compensation for personal	89641
services, including commissions and bonuses and the cash value of	89642
all compensation in any medium other than cash, except that in the	89643
case of agricultural or domestic service, "remuneration" includes	89644
only cash remuneration. Gratuities customarily received by an	89645
individual in the course of the individual's employment from	89646
persons other than the individual's employer and which are	89647
accounted for by such individual to the individual's employer are	89648
taxable wages.	89649

The reasonable cash value of compensation paid in any medium	89650
other than cash shall be estimated and determined in accordance	89651
with rules prescribed by the director, provided that	89652
"remuneration" does not include:	89653

(a) Payments as provided in divisions (b)(2) to (b)(16) of	89654
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713,	89655
26 U.S.C.A. 3301 to 3311, as amended;	89656

(b) The payment by an employer, without deduction from the	89657
remuneration of the individual in the employer's employ, of the	89658
tax imposed upon an individual in the employer's employ under	89659
section 3101 of the "Internal Revenue Code of 1954," with respect	89660
to services performed after October 1, 1941.	89661

(2) "Cash remuneration" means all remuneration paid in cash,	89662
including commissions and bonuses, but not including the cash	89663
value of all compensation in any medium other than cash.	89664

(I) "Interested party" means the director and any party to	89665
whom notice of a determination of an application for benefit	89666
rights or a claim for benefits is required to be given under	89667
section 4141.28 of the Revised Code.	89668

(J) "Annual payroll" means the total amount of wages subject	89669
to contributions during a twelve-month period ending with the last	89670
day of the second calendar quarter of any calendar year.	89671

(K) "Average annual payroll" means the average of the last	89672
three annual payrolls of an employer, provided that if, as of any	89673
computation date, the employer has had less than three annual	89674
payrolls in such three-year period, such average shall be based on	89675
the annual payrolls which the employer has had as of such date.	89676

(L)(1) "Contributions" means the money payments to the state	89677
unemployment compensation fund required of employers by section	89678
4141.25 of the Revised Code and of the state and any of its	89679
political subdivisions electing to pay contributions under section	89680
4141.242 of the Revised Code. Employers paying contributions shall	89681
be described as "contributory employers."	89682

(2) "Payments in lieu of contributions" means the money	89683
payments to the state unemployment compensation fund required of	89684
reimbursing employers under sections 4141.241 and 4141.242 of the	89685
Revised Code.	89686

(M) An individual is "totally unemployed" in any week during	89687
which the individual performs no services and with respect to such	89688
week no remuneration is payable to the individual.	89689

(N) An individual is "partially unemployed" in any week if,	89690
due to involuntary loss of work, the total remuneration payable to	89691
the individual for such week is less than the individual's weekly	89692
benefit amount.	89693

(O) "Week" means the calendar week ending at midnight	89694
Saturday unless an equivalent week of seven consecutive calendar	89695
days is prescribed by the director.	89696

(1) "Qualifying week" means any calendar week in an	89697
individual's base period with respect to which the individual	89698
earns or is paid remuneration in employment subject to this	89699
chapter. A calendar week with respect to which an individual earns	89700
remuneration but for which payment was not made within the base	89701
period, when necessary to qualify for benefit rights, may be	89702
considered to be a qualifying week. The number of qualifying weeks	89703
which may be established in a calendar quarter shall not exceed	89704
the number of calendar weeks in the quarter.	89705

(2) "Average weekly wage" means the amount obtained by	89706
dividing an individual's total remuneration for all qualifying	89707
weeks during the base period by the number of such qualifying	89708
weeks, provided that if the computation results in an amount that	89709
is not a multiple of one dollar, such amount shall be rounded to	89710
the next lower multiple of one dollar.	89711

(P) "Weekly benefit amount" means the amount of benefits an	89712
individual would be entitled to receive for one week of total	89713
unemployment.	89714

(Q)(1) "Base period" means the first four of the last five	89715
completed calendar quarters immediately preceding the first day of	89716
an individual's benefit year, except as provided in division	89717
(Q)(2) of this section.	89718

(2) If an individual does not have sufficient qualifying	89719
weeks and wages in the base period to qualify for benefit rights,	89720
the individual's base period shall be the four most recently	89721
completed calendar quarters preceding the first day of the	89722
individual's benefit year. Such base period shall be known as the	89723
"alternate base period." If information as to weeks and wages for	89724
the most recent quarter of the alternate base period is not	89725
available to the director from the regular quarterly reports of	89726
wage information, which are systematically accessible, the	89727
director may, consistent with the provisions of section 4141.28 of	89728
the Revised Code, base the determination of eligibility for	89729
benefits on the affidavit of the claimant with respect to weeks	89730
and wages for that calendar quarter. The claimant shall furnish	89731
payroll documentation, where available, in support of the	89732
affidavit. The determination based upon the alternate base period	89733
as it relates to the claimant's benefit rights, shall be amended	89734
when the quarterly report of wage information from the employer is	89735
timely received and that information causes a change in the	89736
determination. As provided in division (B) of section 4141.28 of	89737
the Revised Code, any benefits paid and charged to an employer's	89738
account, based upon a claimant's affidavit, shall be adjusted	89739
effective as of the beginning of the claimant's benefit year. No	89740
calendar quarter in a base period or alternate base period shall	89741
be used to establish a subsequent benefit year.	89742

(3) The "base period" of a combined wage claim, as described	89743
in division (H) of section 4141.43 of the Revised Code, shall be	89744
the base period prescribed by the law of the state in which the	89745
claim is allowed.	89746

(4) For purposes of determining the weeks that comprise a	89747
completed calendar quarter under this division, only those weeks	89748
ending at midnight Saturday within the calendar quarter shall be	89749
utilized.	89750

(R)(1) "Benefit year" with respect to an individual means the	89751
fifty-two week period beginning with the first day of that week	89752
with respect to which the individual first files a valid	89753
application for determination of benefit rights, and thereafter	89754
the fifty-two week period beginning with the first day of that	89755
week with respect to which the individual next files a valid	89756
application for determination of benefit rights after the	89757
termination of the individual's last preceding benefit year,	89758
except that the application shall not be considered valid unless	89759
the individual has had employment in six weeks that is subject to	89760
this chapter or the unemployment compensation act of another	89761
state, or the United States, and has, since the beginning of the	89762
individual's previous benefit year, in the employment earned three	89763
times the average weekly wage determined for the previous benefit	89764
year. The "benefit year" of a combined wage claim, as described in	89765
division (H) of section 4141.43 of the Revised Code, shall be the	89766
benefit year prescribed by the law of the state in which the claim	89767
is allowed. Any application for determination of benefit rights	89768
made in accordance with section 4141.28 of the Revised Code is	89769
valid if the individual filing such application is unemployed, has	89770
been employed by an employer or employers subject to this chapter	89771
in at least twenty qualifying weeks within the individual's base	89772
period, and has earned or been paid remuneration at an average	89773
weekly wage of not less than twenty-seven and one-half per cent of	89774
the statewide average weekly wage for such weeks. For purposes of	89775
determining whether an individual has had sufficient employment	89776
since the beginning of the individual's previous benefit year to	89777
file a valid application, "employment" means the performance of	89778
services for which remuneration is payable.	89779

(2) Effective for benefit years beginning on and after	89780
December 26, 2004, any application for determination of benefit	89781
rights made in accordance with section 4141.28 of the Revised Code	89782
is valid if the individual satisfies the criteria described in	89783
division (R)(1) of this section, and if the reason for the	89784
individual's separation from employment is not disqualifying	89785
pursuant to division (D)(2) of section 4141.29 or section 4141.291	89786
of the Revised Code. A disqualification imposed pursuant to	89787
division (D)(2) of section 4141.29 or section 4141.291 of the	89788
Revised Code must be removed as provided in those sections as a	89789
requirement of establishing a valid application for benefit years	89790
beginning on and after December 26, 2004.	89791

(3) The statewide average weekly wage shall be calculated by	89792
the director once a year based on the twelve-month period ending	89793
the thirtieth day of June, as set forth in division (B)(3) of	89794
section 4141.30 of the Revised Code, rounded down to the nearest	89795
dollar. Increases or decreases in the amount of remuneration	89796
required to have been earned or paid in order for individuals to	89797
have filed valid applications shall become effective on Sunday of	89798
the calendar week in which the first day of January occurs that	89799
follows the twelve-month period ending the thirtieth day of June	89800
upon which the calculation of the statewide average weekly wage	89801
was based.	89802

(4) As used in this division, an individual is "unemployed"	89803
if, with respect to the calendar week in which such application is	89804
filed, the individual is "partially unemployed" or "totally	89805
unemployed" as defined in this section or if, prior to filing the	89806
application, the individual was separated from the individual's	89807
most recent work for any reason which terminated the individual's	89808
employee-employer relationship, or was laid off indefinitely or	89809
for a definite period of seven or more days.	89810

(S) "Calendar quarter" means the period of three consecutive	89811
calendar months ending on the thirty-first day of March, the	89812
thirtieth day of June, the thirtieth day of September, and the	89813
thirty-first day of December, or the equivalent thereof as the	89814
director prescribes by rule.	89815

(T) "Computation date" means the first day of the third	89816
calendar quarter of any calendar year.	89817

(U) "Contribution period" means the calendar year beginning	89818
on the first day of January of any year.	89819

(V) "Agricultural labor," for the purpose of this division,	89820
means any service performed prior to January 1, 1972, which was	89821
agricultural labor as defined in this division prior to that date,	89822
and service performed after December 31, 1971:	89823

(1) On a farm, in the employ of any person, in connection	89824
with cultivating the soil, or in connection with raising or	89825
harvesting any agricultural or horticultural commodity, including	89826
the raising, shearing, feeding, caring for, training, and	89827
management of livestock, bees, poultry, and fur-bearing animals	89828
and wildlife;	89829

(2) In the employ of the owner or tenant or other operator of	89830
a farm in connection with the operation, management, conservation,	89831
improvement, or maintenance of such farm and its tools and	89832
equipment, or in salvaging timber or clearing land of brush and	89833
other debris left by hurricane, if the major part of such service	89834
is performed on a farm;	89835

(3) In connection with the production or harvesting of any	89836
commodity defined as an agricultural commodity in section 15 (g)	89837
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12	89838
U.S.C. 1141j, as amended, or in connection with the ginning of	89839
cotton, or in connection with the operation or maintenance of	89840
ditches, canals, reservoirs, or waterways, not owned or operated	89841
for profit, used exclusively for supplying and storing water for	89842
farming purposes;	89843

(4) In the employ of the operator of a farm in handling,	89844
planting, drying, packing, packaging, processing, freezing,	89845
grading, storing, or delivering to storage or to market or to a	89846
carrier for transportation to market, in its unmanufactured state,	89847
any agricultural or horticultural commodity, but only if the	89848
operator produced more than one half of the commodity with respect	89849
to which such service is performed;	89850

(5) In the employ of a group of operators of farms, or a	89851
cooperative organization of which the operators are members, in	89852
the performance of service described in division (V)(4) of this	89853
section, but only if the operators produced more than one-half of	89854
the commodity with respect to which the service is performed;	89855

(6) Divisions (V)(4) and (5) of this section shall not be	89856
deemed to be applicable with respect to service performed:	89857

(a) In connection with commercial canning or commercial	89858
freezing or in connection with any agricultural or horticultural	89859
commodity after its delivery to a terminal market for distribution	89860
for consumption; or	89861

(b) On a farm operated for profit if the service is not in	89862
the course of the employer's trade or business.	89863

As used in division (V) of this section, "farm" includes	89864
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms,	89865
plantations, ranches, nurseries, ranges, greenhouses, or other	89866
similar structures used primarily for the raising of agricultural	89867
or horticultural commodities and orchards.	89868

(W) "Hospital" means an institution which has been registered	89869
or licensed by the Ohio department of health as a hospital.	89870

(X) "Nonprofit organization" means an organization, or group	89871
of organizations, described in section 501(c)(3) of the "Internal	89872
Revenue Code of 1954," and exempt from income tax under section	89873
501(a) of that code.	89874

(Y) "Institution of higher education" means a public or	89875
nonprofit educational institution, including an educational	89876
institution operated by an Indian tribe, which:	89877

(1) Admits as regular students only individuals having a	89878
certificate of graduation from a high school, or the recognized	89879
equivalent;	89880

(2) Is legally authorized in this state or by the Indian	89881
tribe to provide a program of education beyond high school; and	89882

(3) Provides an educational program for which it awards a	89883
bachelor's or higher degree, or provides a program which is	89884
acceptable for full credit toward such a degree, a program of	89885
post-graduate or post-doctoral studies, or a program of training	89886
to prepare students for gainful employment in a recognized	89887
occupation.	89888

For the purposes of this division, all colleges and	89889
universities in this state are institutions of higher education.	89890

(Z) For the purposes of this chapter, "states" includes the	89891
District of Columbia, the Commonwealth of Puerto Rico, and the	89892
Virgin Islands.	89893

(AA) "Alien" means, for the purposes of division (A)(1)(d) of	89894
this section, an individual who is an alien admitted to the United	89895
States to perform service in agricultural labor pursuant to	89896
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and	89897
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.	89898

(BB)(1) "Crew leader" means an individual who furnishes	89899
individuals to perform agricultural labor for any other employer	89900
or farm operator, and:	89901

(a) Pays, either on the individual's own behalf or on behalf	89902
of the other employer or farm operator, the individuals so	89903
furnished by the individual for the service in agricultural labor	89904
performed by them;	89905

(b) Has not entered into a written agreement with the other	89906
employer or farm operator under which the agricultural worker is	89907
designated as in the employ of the other employer or farm	89908
operator.	89909

(2) For the purposes of this chapter, any individual who is a	89910
member of a crew furnished by a crew leader to perform service in	89911
agricultural labor for any other employer or farm operator shall	89912
be treated as an employee of the crew leader if:	89913

(a) The crew leader holds a valid certificate of registration	89914
under the "Farm Labor Contractor Registration Act of 1963," 90	89915
Stat. 2668, 7 U.S.C. 2041; or	89916

(b) Substantially all the members of the crew operate or	89917
maintain tractors, mechanized harvesting or crop-dusting	89918
equipment, or any other mechanized equipment, which is provided by	89919
the crew leader; and	89920

(c) If the individual is not in the employment of the other	89921
employer or farm operator within the meaning of division (B)(1) of	89922
this section.	89923

(3) For the purposes of this division, any individual who is	89924
furnished by a crew leader to perform service in agricultural	89925
labor for any other employer or farm operator and who is not	89926
treated as in the employment of the crew leader under division	89927
(BB)(2) of this section shall be treated as the employee of the	89928
other employer or farm operator and not of the crew leader. The	89929
other employer or farm operator shall be treated as having paid	89930
cash remuneration to the individual in an amount equal to the	89931
amount of cash remuneration paid to the individual by the crew	89932
leader, either on the crew leader's own behalf or on behalf of the	89933
other employer or farm operator, for the service in agricultural	89934
labor performed for the other employer or farm operator.	89935

(CC) "Educational institution" means an institution other	89936
than an institution of higher education as defined in division (Y)	89937
of this section, including an educational institution operated by	89938
an Indian tribe, which:	89939

(1) Offers participants, trainees, or students an organized	89940
course of study or training designed to transfer to them	89941
knowledge, skills, information, doctrines, attitudes, or abilities	89942
from, by, or under the guidance of an instructor or teacher; and	89943

(2) Is approved, chartered, or issued a permit to operate as	89944
a school by the state board of education , other government	89945
agency, or Indian tribe that is authorized within the state to	89946
approve, charter, or issue a permit for the operation of a school.	89947

For the purposes of this division, the courses of study or	89948
training which the institution offers may be academic, technical,	89949
trade, or preparation for gainful employment in a recognized	89950
occupation.	89951

(DD) "Cost savings day" means any unpaid day off from work in	89952
which employees continue to accrue employee benefits which have a	89953
determinable value including, but not limited to, vacation,	89954
pension contribution, sick time, and life and health insurance.	89955

Sec. 4141.08. (A) There is hereby created an unemployment	89956
compensation advisory council appointed as follows:	89957

(1) Three members who on account of their vocation,	89958
employment, or affiliations can be classed as representative of	89959
employers and three members who on account of their vocation,	89960
employment, or affiliation can be classed as representatives of	89961
employees appointed by the governor with the advice and consent of	89962
the senate. All appointees shall be persons whose training and	89963
experience qualify them to deal with the difficult problems of	89964
unemployment compensation, particularly with respect to the legal,	89965
accounting, actuarial, economic, and social aspects of	89966
unemployment compensation;	89967

(2) The chairpersons of the standing committees of the senate	89968
and the house of representatives to which legislation pertaining	89969
to Chapter 4141. of the Revised Code is customarily referred;	89970

(3) Two members of the senate appointed by the president of	89971
the senate; and	89972

(4) Two members of the house of representatives appointed by	89973
the speaker of the house of representatives.	89974

The speaker and the president shall arrange that of the six	89975
legislative members appointed to the council, not more than three	89976
are members of the same political party.	89977

(B) Members appointed by the governor shall serve for a term	89978
of four years, each term ending on the same day as the date of	89979
their original appointment. Legislative members shall serve during	89980
the session of the general assembly to which they are elected and	89981
for as long as they are members of the general assembly. Vacancies	89982
shall be filled in the same manner as the original appointment but	89983
only for the unexpired part of a term.	89984

(C) Members of the council shall serve without salary but,	89985
notwithstanding section 101.26 of the Revised Code, shall be paid	89986
a meeting stipend of fifty dollars per day each and their actual	89987
and necessary expenses while engaged in the performance of their	89988
duties as members of the council which shall be paid from funds	89989
allocated to pay the expenses of the council pursuant to this	89990
section.	89991

(D) The council shall organize itself and select a	89992
chairperson or co-chairpersons and other officers and committees	89993
as it considers necessary. Seven members constitute a quorum and	89994
the council may act only upon the affirmative vote of seven	89995
members. The council shall meet at least once each calendar	89996
quarter but it may meet more often as the council considers	89997
necessary or at the request of the chairperson.	89998

(E) The council may employ professional and clerical	89999
assistance as it considers necessary and may request of the	90000
director of job and family services assistance as it considers	90001
necessary. The director shall furnish the council with office and	90002
meeting space as requested by the council.	90003

(F) The director shall pay the operating expenses of the	90004
council as determined by the council from moneys in the	90005
unemployment compensation special administrative fund established	90006
in section 4141.11 of the Revised Code.	90007

(G) The council shall have access to only the records of the	90008
department of job and family services that are necessary for the	90009
administration of this chapter and to the reasonable services of	90010
the employees of the department. It may request the director, or	90011
any of the employees appointed by the director, or any employer or	90012
employee subject to this chapter, to appear before it and to	90013
testify relative to the functioning of this chapter and to other	90014
relevant matters. The council may conduct research of its own,	90015
make and publish reports, and recommend to the director, the	90016
unemployment compensation review commission, the governor, or the	90017
general assembly needed changes in this chapter, or in the rules	90018
of the department as it considers necessary.	90019

Sec. 4141.162. (A) The director of job and family services	90020
shall establish an income and eligibility verification system that	90021
complies with section 1137 of the "Social Security Act." The	90022
programs included in the system are all of the following:	90023

(1) Unemployment compensation pursuant to section 3304 of the	90024
"Internal Revenue Code of 1954";	90025

(2) The state programs funded in part under part A of Title	90026
IV of the "Social Security Act" and administered under Chapters	90027
5107. and 5108. of the Revised Code;	90028

(3) Medicaid pursuant to Title XIX of the "Social Security	90029
Act";	90030

(4) ~~Food stamps~~The supplemental nutrition assistance program	90031
pursuant to the "Food ~~Stamp~~and Nutrition Act of ~~1977," 91 Stat.~~	90032
~~958,~~2008 (7 U.S.C.A. 2011~~, as amended~~et seq.;	90033

(5) Any Ohio program under a plan approved under Title I, X,	90034
XIV, or XVI of the "Social Security Act."	90035

Wage information provided by employers to the director shall	90036
be furnished to the income and eligibility verification system.	90037
Such information shall be used by the director to determine	90038
eligibility of individuals for unemployment compensation benefits	90039
and the amount of those benefits and used by the agencies that	90040
administer the programs identified in divisions (A)(2) to (5) of	90041
this section to determine or verify eligibility for or the amount	90042
of benefits under those programs.	90043

The director shall fully implement the use of wage	90044
information to determine eligibility for and the amount of	90045
unemployment compensation benefits by September 30, 1988.	90046

Information furnished under the system shall also be made	90047
available to the appropriate state or local child support	90048
enforcement agency for the purposes of an approved plan under	90049
Title IV-D of the "Social Security Act" and to the appropriate	90050
federal agency for the purposes of Titles II and XVI of the	90051
"Social Security Act."	90052

(B) The director shall adopt rules as necessary under which	90053
the department of job and family services and other state agencies	90054
that the director determines must participate in order to ensure	90055
compliance with section 1137 of the "Social Security Act" exchange	90056
information with each other or authorized federal agencies about	90057
individuals who are applicants for or recipients of benefits under	90058
any of the programs enumerated in division (A) of this section.	90059
The rules shall extend to all of the following:	90060

(1) A requirement for standardized formats and procedures for	90061
a participating agency to request and receive information about an	90062
individual, which information shall include the individual's	90063
social security number;	90064

(2) A requirement that all applicants for and recipients of	90065
benefits under any program enumerated in division (A) of this	90066
section be notified at the time of application, and periodically	90067
thereafter, that information available through the system may be	90068
shared with agencies that administer other benefit programs and	90069
utilized in establishing or verifying eligibility or benefit	90070
amounts under the other programs enumerated in division (A) of	90071
this section;	90072

(3) A requirement that information is made available only to	90073
the extent necessary to assist in the valid administrative needs	90074
of the program receiving the information and is targeted for use	90075
in ways which are most likely to be productive in identifying and	90076
preventing ineligibility and incorrect payments;	90077

(4) A requirement that information is adequately protected	90078
against unauthorized disclosures for purposes other than to	90079
establish or verify eligibility or benefit amounts under the	90080
programs enumerated in division (A) of this section;	90081

(5) A requirement that a program providing information is	90082
reimbursed by the program using the information for the actual	90083
costs of furnishing the information and that the director be	90084
reimbursed by the participating programs for any actual costs	90085
incurred in operating the system;	90086

(6) Requirements for any other matters necessary to ensure	90087
the effective, efficient, and timely exchange of necessary	90088
information or that the director determines must be addressed in	90089
order to ensure compliance with the requirements of section 1137	90090
of the "Social Security Act."	90091

(C) Each participating agency shall furnish to the income and	90092
eligibility verification system established in division (A) of	90093
this section that information, which the director, by rule,	90094
determines is necessary in order to comply with section 1137 of	90095
the "Social Security Act."	90096

(D) Notwithstanding the information disclosure requirements	90097
of this section and section 4141.21 and division (A) of section	90098
4141.284 of the Revised Code, the director shall administer those	90099
provisions of law so as to comply with section 1137 of the "Social	90100
Security Act."	90101

(E) Requirements in section 4141.21 of the Revised Code with	90102
respect to confidentiality of information obtained in the	90103
administration of Chapter 4141. of the Revised Code and any	90104
sanctions imposed for improper disclosure of such information	90105
shall apply to the redisclosure of information disclosed under	90106
this section.	90107

Sec. 4141.31. (A) Benefits otherwise payable for any week	90108
shall be reduced by the amount of remuneration or other payments a	90109
claimant receives with respect to such week as follows:	90110

(1) Remuneration in lieu of notice;

90111

(2) Compensation for wage loss under division (B) of section	90112
4123.56 of the Revised Code or a similar provision under the	90113
workers' compensation law of any state or the United States;	90114

(3) Payments in the form of retirement, or pension allowances	90115
as provided under section 4141.312 of the Revised Code;	90116

(4) Except as otherwise provided in division (D) of this	90117
section, remuneration in the form of separation or termination	90118
pay paid to an employee at the time of the employee's separation	90119
from employment;	90120

(5) Vacation pay or allowance payable under the law, terms	90121
of a labor-management contract or agreement, or other contract of	90122
hire, which payments are allocated to designated weeks;	90123

(6) The determinable value of cost savings days.

90124

If payments under this division are paid with respect to a	90125
month then the amount of remuneration deemed to be received with	90126
respect to any week during such month shall be computed by	90127
multiplying such monthly amount by twelve and dividing the product	90128
by fifty-two. If there is no designation of the period with	90129
respect to which payments to an individual are made under this	90130
section then an amount equal to such individual's normal weekly	90131
wage shall be attributed to and deemed paid with respect to the	90132
first and each succeeding week following the individual's	90133
separation or termination from the employment of the employer	90134
making the payment until such amount so paid is exhausted.	90135

If benefits for any week, when reduced as provided in this	90136
division, result in an amount not a multiple of one dollar, such	90137
benefits shall be rounded to the next lower multiple of one	90138
dollar.	90139

Any payment allocated by the employer or the director of job	90140
and family services to weeks under division (A)(1), (4), or (5) of	90141
this section shall be deemed to be remuneration for the purposes	90142
of establishing a qualifying week and a benefit year under	90143
divisions (O)(1) and (R) of section 4141.01 of the Revised Code.	90144

(B) Benefits payable for any week shall not be reduced by the	90145
amount of remuneration a claimant receives with respect to such	90146
week in the form of drill or reserve pay received by a member of	90147
the Ohio national guard or the armed forces reserve for attendance	90148
at a regularly scheduled drill or meeting.	90149

(C) No benefits shall be paid for any week with respect to	90150
which or a part of which an individual has received or is seeking	90151
unemployment benefits under an unemployment compensation law of	90152
any other state or of the United States, provided the	90153
disqualifications shall not apply if the appropriate agency of	90154
such other state or of the United States finally determines that	90155
an individual is not entitled to such unemployment benefits. A	90156
law of the United States providing any payment of any type and in	90157
any amounts for periods of unemployment due to lack of work shall	90158
be considered an unemployment compensation law of the United	90159
States.	90160

(D) Benefits payable for any week shall not be reduced by	90161
the amount of military severance, disability, or separation pay	90162
paid to an individual who is a former member of the armed forces	90163
of the United States.	90164

(E) Remuneration for personal services includes cost savings	90165
days, as defined in division (DD) of section 4141.01 of the	90166
Revised Code, for which employees continue to accrue employee	90167
benefits that have a determinable value. Any unemployment	90168
compensation benefits that may be payable as a result of cost	90169
savings days shall be reduced as provided in division (A)(6) of	90170
this section.	90171

Sec. 4169.02. (A) For the purposes of regulating the	90172
construction, maintenance, mechanical operation, and inspection of	90173
passenger tramways that are associated with ski areas and of	90174
registering operators of passenger tramways in this state, there	90175
is hereby established in the division of ~~industrial compliance~~	90176
labor in the department of commerce a ski tramway board to be	90177
appointed by the governor, with the advice and consent of the	90178
senate. The board shall consist of three members, one of whom	90179
shall be a public member who is an experienced skier and familiar	90180
with ski areas in this state, one of whom shall be a ski area	90181
operator actively engaged in the business of recreational skiing	90182
in this state, and one of whom shall be a professional engineer	90183
who is knowledgeable in the design or operation of passenger	90184
tramways.	90185

Of the initial appointments, one member shall be appointed	90186
for a term of one year, one for a term of two years, and one for a	90187
term of three years. The member appointed to the term beginning on	90188
July 1, 1996, shall be appointed to a term ending on June 30,	90189
1997; the member appointed to a term beginning on July 1, 1997,	90190
shall be appointed to a term ending on June 30, 1999; and the	90191
member appointed to a term beginning on July 1, 1998, shall be	90192
appointed to a term ending on June 30, 2001. Thereafter, each of	90193
the members shall be appointed for a term of six years. Each	90194
member shall hold office from the date of appointment until the	90195
end of the term for which the member was appointed. In the event	90196
of a vacancy, the governor, with the advice and consent of the	90197
senate, shall appoint a successor who shall hold office for the	90198
remainder of the term for which the successor's predecessor was	90199
appointed. A member shall continue in office subsequent to the	90200
expiration date of the member's term until the member's successor	90201
takes office or until a period of sixty days has elapsed,	90202
whichever occurs first. The board shall elect a chairperson from	90203
its members.	90204

The governor may remove any member of the board at any time	90205
for misfeasance, nonfeasance, or malfeasance in office after	90206
giving the member a copy of the charges against the member and an	90207
opportunity to be heard publicly in person or by counsel in the	90208
member's defense. Any such act of removal by the governor is	90209
final. A statement of the findings of the governor, the reason for	90210
the governor's action, and the answer, if any, of the member shall	90211
be filed by the governor with the secretary of state and shall be	90212
open to public inspection.	90213

Members of the board shall be paid two hundred fifty dollars	90214
for each meeting that the member attends, except that no member	90215
shall be paid or receive more than seven hundred fifty dollars for	90216
attending meetings during any calendar year. Each member shall be	90217
reimbursed for the member's actual and necessary expenses incurred	90218
in the performance of official board duties. The chairperson shall	90219
be paid two hundred fifty dollars annually in addition to any	90220
compensation the chairperson receives under this division for	90221
attending meetings and any other compensation the chairperson	90222
receives for serving on the board.	90223

The division shall provide the board with such offices and	90224
such clerical, professional, and other assistance as may be	90225
reasonably necessary for the board to carry on its work. The	90226
division shall maintain accurate copies of the board's rules as	90227
promulgated in accordance with division (B) of this section and	90228
shall keep all of the board's records, including business records,	90229
and inspection reports as well as its own records and reports. The	90230
cost of administering the board and conducting inspections shall	90231
be included in the budget of the division based on revenues	90232
generated by the registration fees established under section	90233
4169.03 of the Revised Code.	90234

(B) In accordance with Chapter 119. of the Revised Code, the	90235
board shall adopt and may amend or rescind rules relating to	90236
public safety in the construction, maintenance, mechanical	90237
operation, and inspection of passenger tramways. The rules shall	90238
be in accordance with established standards in the business of ski	90239
area operation, if any, and shall not discriminate in their	90240
application to ski area operators.	90241

No person shall violate the rules of the board.

90242

(C) The authority of the board shall not extend to any matter	90243
relative to the operation of a ski area other than the	90244
construction, maintenance, mechanical operation, and inspection of	90245
passenger tramways.	90246

(D) A majority of the board constitutes a quorum and may	90247
perform and exercise all the duties and powers devolving upon the	90248
board.	90249

Sec. 4169.03. (A) Before a passenger tramway operator may	90250
operate any passenger tramway in the state, the operator shall	90251
apply to the ski tramway board, on forms prepared by it, for	90252
registration by the board. The application shall contain an	90253
inventory of the passenger tramways that the applicant intends to	90254
operate and other information as the board may reasonably require	90255
and shall be accompanied by the following annual fees:	90256

(1) Each aerial passenger tramway, five hundred dollars;

90257

(2) Each skimobile, two hundred dollars;

90258

(3) Each chair lift, two hundred dollars;

90259

(4) Each J bar, T bar, or platter pull, one hundred dollars;

90260

(5) Each rope tow, fifty dollars;

90261

(6) Each wire rope tow, seventy-five dollars;

90262

(7) Each conveyor, one hundred dollars.

90263

When an operator operates an aerial passenger tramway, a	90264
skimobile, or a chair lift during both a winter and summer season,	90265
the annual fee shall be one and one-half the above amount for the	90266
respective passenger tramway.	90267

(B) Upon payment of the appropriate annual fees in accordance	90268
with division (A) of this section, the board shall issue a	90269
registration certificate to the operator. Each certificate shall	90270
remain in force until the thirtieth day of September next ensuing.	90271
The board shall renew an operator's certificate in accordance with	90272
the standard renewal procedure in Chapter 4745. of the Revised	90273
Code upon payment of the appropriate annual fees.	90274

(C) Money received from the registration fees and from the	90275
fines collected pursuant to section 4169.99 of the Revised Code	90276
shall be paid into the state treasury to the credit of the	90277
~~industrial compliance~~labor operating fund created in section	90278
121.084 of the Revised Code.	90279

(D) No person shall operate a passenger tramway in this state	90280
unless the person has been registered by the board.	90281

Sec. 4169.04. (A) The division of ~~industrial compliance~~	90282
labor in the department of commerce shall make such inspection of	90283
the construction, maintenance, and mechanical operation of	90284
passenger tramways as the ski tramway board may reasonably	90285
require. The division may contract with other qualified engineers	90286
to make such inspection or may accept the inspection report by any	90287
qualified inspector of an insurance company authorized to insure	90288
passenger tramways in this state.	90289

(B) If, as the result of an inspection, an employee of the	90290
division or other agent with whom the division has contracted	90291
finds that a violation of the board's rules exists or a condition	90292
in passenger tramway construction, maintenance, or mechanical	90293
operation exists that endangers public safety, the employee or	90294
agent shall make an immediate report to the board for appropriate	90295
investigation and order.	90296

Sec. 4171.04. (A) Before a person may operate any roller	90297
skating rink in the state, the person shall:	90298

(1) Apply to the superintendent of ~~the division of industrial~~	90299
~~compliance~~labor in the department of commerce on forms designated	90300
by the superintendent for a certificate of registration;	90301

(2) Provide an inventory of all the roller skating rinks that	90302
the applicant intends to operate, and any other information the	90303
superintendent may reasonably require on the application;	90304

(3) Include with the application a registration fee of	90305
twenty-five dollars for each roller skating rink to be operated by	90306
the applicant.	90307

(B) Upon compliance with division (A) of this section, the	90308
superintendent shall issue a certificate of registration to the	90309
operator for each roller skating rink to be operated by the	90310
applicant. Each certificate shall remain in force as follows:	90311

(1) Until the thirty-first day of December next ensuing; or

90312

(2) For sixty days after the dissolution of a partnership.

90313

(C) In case of the dissolution of a partnership by death, the	90314
surviving partner or partners may operate a roller skating rink	90315
pursuant to the certificate of registration obtained by the	90316
partnership in accordance with this chapter for a period of sixty	90317
days following dissolution. The heirs or representatives of	90318
deceased persons and receivers or trustees in bankruptcy appointed	90319
by any competent authority may operate under the certificate of	90320
registration of the person succeeded in possession.	90321

(D) The superintendent shall renew an operator's certificate	90322
of registration in accordance with the standard license renewal	90323
procedure set forth in Chapter 4745. of the Revised Code upon	90324
payment of a renewal fee of twenty-five dollars for each roller	90325
skating rink to be operated by the applicant.	90326

(E) Money received from the registration and renewal fees	90327
collected pursuant to this chapter shall be paid into the state	90328
treasury to the credit of the ~~industrial compliance~~labor	90329
operating fund created in section 121.084 of the Revised Code.	90330

Sec. 4301.333. (A) The privilege of local option conferred	90331
by section 4301.323 of the Revised Code may be exercised if, not	90332
later than four p.m. of the seventy-fifth day before the day of a	90333
general or primary election, a petition is presented to the board	90334
of elections of the county in which the precinct is situated by a	90335
petitioner who is one of the following:	90336

(1) An applicant for the issuance or transfer of a liquor	90337
permit at, or to, a particular location within the precinct;	90338

(2) The holder of a liquor permit at a particular location	90339
within the precinct;	90340

(3) A person who operates or seeks to operate a liquor agency	90341
store at a particular location within the precinct;	90342

(4) The designated agent for an applicant, liquor permit	90343
holder, or liquor agency store described in division (A)(1), (2),	90344
or (3) of this section.	90345

(B) The petition shall be signed by the electors of the	90346
precinct equal in number to at least thirty-five per cent of the	90347
total number of votes cast in the precinct for the office of	90348
governor at the preceding general election for that office and	90349
shall contain all of the following:	90350

(1) A notice that the petition is for the submission of the	90351
question or questions set forth in section 4301.355 of the	90352
Revised Code;	90353

(2) The name of the applicant for the issuance or transfer,	90354
or the holder, of the liquor permit or, if applicable, the name of	90355
the liquor agency store, including any trade or fictitious names	90356
under which the applicant, holder, or liquor agency store either	90357
intends to do or does business at the particular location;	90358

(3) The address and proposed use of the particular location	90359
within the election precinct to which the results of the question	90360
or questions specified in section 4301.355 of the Revised Code	90361
shall apply. For purposes of this division, "use" means all of the	90362
following:	90363

(a) The type of each liquor permit applied for by the	90364
applicant or held by the liquor permit holder as described in	90365
sections 4303.11 to 4303.183 of the Revised Code, including a	90366
description of the type of beer or intoxicating liquor sales	90367
authorized by each permit as provided in those sections;	90368

(b) If a liquor agency store, the fact that the business	90369
operated as a liquor agency store authorized to operate by this	90370
state;	90371

(c) A description of the general nature of the business of	90372
the applicant, liquor permit holder, or liquor agency store.	90373

(4) If the petition seeks approval of Sunday sales under	90374
question (B)(2) as set forth in section 4301.355 of the Revised	90375
Code, a statement indicating whether the hours of sale sought are	90376
between ten a.m. and midnight or between ~~one p.m.~~eleven a.m. and	90377
midnight.	90378

(C)(1) At the time the petitioner files the petition with the	90379
board of elections, the petitioner shall provide to the board both	90380
of the following:	90381

(a) An affidavit that is signed by the petitioner and that	90382
states the proposed use of the location following the election	90383
held to authorize the sale of beer or intoxicating liquor	90384
authorized by each permit as provided in sections 4303.11 to	90385
4303.183 of the Revised Code;	90386

(b) Written evidence of the designation of an agent by the	90387
applicant, liquor permit holder, or liquor agency store described	90388
in division (A)(1), (2), or (3) of this section for the purpose of	90389
petitioning for the local option election, if the petitioner is	90390
the designated agent of the applicant, liquor permit holder, or	90391
liquor agency store.	90392

(2) Failure to supply the affidavit, or the written evidence	90393
of the designation of the agent if the petitioner for the local	90394
option election is the agent of the applicant, liquor permit	90395
holder, or liquor agency store described in division (A)(1), (2),	90396
or (3) of this section, at the time the petition is filed	90397
invalidates the entire petition.	90398

(D) Not later than the sixty-eighth day before the day of the	90399
next general or primary election, whichever occurs first, the	90400
board shall examine and determine the sufficiency of the	90401
signatures and the validity of the petition. If the board finds	90402
that the petition contains sufficient signatures and in other	90403
respects is valid, it shall order the holding of an election in	90404
the precinct on the day of the next general or primary election,	90405
whichever occurs first, for the submission of the question or	90406
questions set forth in section 4301.355 of the Revised Code.	90407

(E) A petition filed with the board of elections under this	90408
section shall be open to public inspection under rules adopted by	90409
the board.	90410

(F) An elector who is eligible to vote on the question or	90411
questions set forth in section 4301.355 of the Revised Code may	90412
file, not later than four p.m. of the sixty-fourth day before the	90413
day of the election at which the question or questions will be	90414
submitted to the electors, a protest against a local option	90415
petition circulated and filed pursuant to this section. The	90416
protest shall be in writing and shall be filed with the election	90417
officials with whom the petition was filed. Upon the filing of the	90418
protest, the election officials with whom it is filed shall	90419
promptly establish a time and place for hearing the protest and	90420
shall mail notice of the time and place for the hearing to the	90421
applicant for, or the holder of, the liquor permit who is	90422
specified in the petition and to the elector who filed the	90423
protest. At the time and place established in the notice, the	90424
election officials shall hear the protest and determine the	90425
validity of the petition.	90426

Sec. 4301.334. (A) The privilege of local option conferred	90427
by section 4301.324 of the Revised Code may be exercised if, not	90428
later than four p.m. of the seventy-fifth day before the day of a	90429
general or primary election, a petition and other information	90430
required by division (B) of this section are presented to the	90431
board of elections of the county in which the community facility	90432
named in the petition is located. The petition shall be signed by	90433
electors of the municipal corporation or unincorporated area of	90434
the township in which the community facility is located equal in	90435
number to at least ten per cent of the total number of votes cast	90436
in the municipal corporation or unincorporated area of the	90437
township in which the community facility is located for the office	90438
of governor at the most recent general election for that office	90439
and shall contain both of the following:	90440

(1) A notice that the petition is for the submission of the	90441
question set forth in section 4301.356 of the Revised Code and a	90442
statement indicating whether the hours of Sunday sales sought in	90443
the local option election are between ten a.m. and midnight or	90444
between eleven a.m. and midnight;	90445

(2) The name and address of the community facility for which	90446
the local option election is sought and, if the community facility	90447
is a community entertainment district, the boundaries of the	90448
district.	90449

(B) Upon the request of a petitioner, a board of elections of	90450
a county shall furnish to the petitioner a copy of the	90451
instructions prepared by the secretary of state under division (P)	90452
of section 3501.05 of the Revised Code and, within fifteen days	90453
after the request, a certificate indicating the number of valid	90454
signatures that will be required on a petition to hold an election	90455
in the municipal corporation or unincorporated area of the	90456
township in which the community facility is located on the	90457
question specified in section 4301.356 of the Revised Code.	90458

The petitioner shall, not less than thirty days before the	90459
petition-filing deadline for an election on the question specified	90460
in section 4301.356 of the Revised Code, specify to the division	90461
of liquor control the name and address of the community facility	90462
for which the election is sought and, if the community facility is	90463
a community entertainment district, the boundaries of the	90464
district, the municipal corporation or unincorporated area of a	90465
township in which the election is sought, and the filing deadline.	90466
The division shall, within a reasonable period of time and not	90467
later than ten days before the filing deadline, supply the	90468
petitioner with the name and address of any permit holder for or	90469
within the community facility.	90470

The petitioner shall file the name and address of any permit	90471
holder who would be affected by the election at the time the	90472
petitioner files the petition with the board of elections. Within	90473
five days after receiving the petition, the board shall give	90474
notice by certified mail to any permit holder within the community	90475
facility that it has received the petition. Failure of the	90476
petitioner to supply the name and address of any permit holder for	90477
or within the community facility as furnished to the petitioner by	90478
the division invalidates the petition.	90479

(C) Not later than the sixty-eighth day before the day of the	90480
next general or primary election, whichever occurs first, the	90481
board shall examine and determine the sufficiency of the	90482
signatures on the petition. If the board finds that the petition	90483
is valid, it shall order the holding of an election in the	90484
municipal corporation or unincorporated area of a township on the	90485
day of the next general or primary election, whichever occurs	90486
first, for the submission of the question set forth in section	90487
4301.356 of the Revised Code.	90488

(D) A petition filed with a board of elections under this	90489
section shall be open to public inspection under rules adopted by	90490
the board.	90491

(E) An elector who is eligible to vote on the question set	90492
forth in section 4301.356 of the Revised Code or any permit holder	90493
for or within the community facility may, not later than four p.m.	90494
of the sixty-fourth day before the day of the election at which	90495
the question will be submitted to the electors, file a written	90496
protest against the local option petition with the board of	90497
elections with which the petition was filed. Upon the filing of	90498
the protest, the board shall promptly fix a time and place for	90499
hearing the protest and shall mail notice of the time and place to	90500
the person who filed the petition and to the person who filed the	90501
protest. At the time and place fixed, the board shall hear the	90502
protest and determine the validity of the petition.	90503

Sec. 4301.351. (A) If a petition is for submission of the	90504
question of whether the sale of intoxicating liquor shall be	90505
permitted on Sunday, a special election shall be held in the	90506
precinct at the time fixed as provided in section 4301.33 of the	90507
Revised Code. The expenses of holding the election shall be	90508
charged to the municipal corporation or township of which the	90509
precinct is a part.	90510

(B) At the election, one or more of the following questions,	90511
question (B)(1), (B)(2), or (B)(3) as designated in a valid	90512
petition or question (B)(4) as submitted by the legislative	90513
authority of a municipal corporation or the board of trustees of a	90514
township, shall be submitted to the electors of the precinct:	90515

(1) "Shall the sale of intoxicating liquor, of the same types	90516
as may be legally sold in this precinct on other days of the week,	90517
be permitted in this ........ for consumption on the premises	90518
where sold, between the hours of ~~one p.m.~~eleven a.m. and midnight	90519
on Sunday?"	90520

(2) "Shall the sale of intoxicating liquor, of the same types	90521
as may be legally sold in this precinct on other days of the week,	90522
be permitted in this ........ for consumption on the premises	90523
where sold, between the hours of ~~one p.m.~~eleven a.m. and midnight	90524
on Sunday, at licensed premises where the sale of food and other	90525
goods and services exceeds fifty per cent of the total gross	90526
receipts of the permit holder at the premises?"	90527

(3) "Shall the sale of wine and mixed beverages, of the same	90528
types as may be legally sold in this precinct on other days of the	90529
week, be permitted in this ........ for consumption off the	90530
premises where sold, between the hours of ~~one p.m.~~eleven a.m. and	90531
midnight on Sunday?"	90532

(4) "Shall the sale of intoxicating liquor, of the same types	90533
as may be legally sold in this precinct on other days of the week,	90534
be permitted in this ....... for consumption on the premises where	90535
sold, between the hours of one p.m. and midnight on Sunday, at	90536
outdoor performing arts centers, as defined in section 4303.182 of	90537
the Revised Code, that have been issued a D-6 permit?"	90538

Question (B)(4) shall be presented to the electors of a	90539
precinct in which an outdoor performing arts center is located	90540
only if the legislative authority of the municipal corporation in	90541
which, or the board of trustees of the township in which, the	90542
outdoor performing arts center is located submits, not later than	90543
four p.m. of the seventy-fifth day before the day of a primary or	90544
general election that occurs within two years after ~~the effective~~	90545
~~date of this amendment~~April 9, 2001, to the board of elections of	90546
the county in which the precinct is located, a copy of an	90547
ordinance or resolution requesting the submission of that question	90548
to the electors of the precinct. An election on question (B)(4)	90549
may not be sought by a petition under section 4301.33 of the	90550
Revised Code.	90551

(C) At the election, one or more of the following questions,	90552
as designated in a valid petition, shall be submitted to the	90553
electors of the precinct:	90554

(1) "Shall the sale of intoxicating liquor, of the same types	90555
as may be legally sold in this precinct on other days of the week,	90556
be permitted in this ........ for consumption on the premises	90557
where sold, between the hours of ten a.m. and midnight on Sunday?"	90558

(2) "Shall the sale of intoxicating liquor, of the same types	90559
as may be legally sold in this precinct on other days of the week,	90560
be permitted in this ........ for consumption on the premises	90561
where sold, between the hours of ten a.m. and midnight on Sunday,	90562
at licensed premises where the sale of food and other goods and	90563
services exceeds fifty per cent of the total gross receipts of the	90564
permit holder at the premises?"	90565

(3) "Shall the sale of wine and mixed beverages, of the same	90566
types as may be legally sold in this precinct on other days of the	90567
week, be permitted in this ........ for consumption off the	90568
premises where sold, between the hours of ten a.m. and midnight on	90569
Sunday?"	90570

(D) No C or D permit holder who first applied for such a	90571
permit after April 15, 1982, shall sell beer on Sunday unless the	90572
sale of intoxicating liquor is authorized in the precinct or	90573
portion of the precinct at an election on question (B)(1),	90574
(B)(2), or (B)(3) of this section, on question (C)(1), (C)(2), or	90575
(C)(3) of this section, on question (B)(1), (B)(2), or (B)(3) of	90576
section 4301.354 of the Revised Code, on question (C)(1), (C)(2),	90577
or (C)(3) of section 4301.354 of the Revised Code, or on question	90578
(B)(2) of section 4301.355 of the Revised Code. No D-6 permit is	90579
required for the sale of beer on Sunday.	90580

The board of elections to which the petition is presented	90581
shall furnish printed ballots at the election in accordance with	90582
section 3505.06 of the Revised Code, and separate ballots shall be	90583
used for the special election under this section. One or more of	90584
the questions prescribed by divisions (B) and (C) of this section,	90585
as designated in the petition, shall be set forth on each ballot,	90586
and the board shall insert in each question the name or an	90587
accurate description of the precinct in which the election is to	90588
be held. Votes shall be cast as provided in section 3505.06 of the	90589
Revised Code.	90590

Sec. 4301.354. (A) If a petition is filed under section	90591
4301.332 of the Revised Code for the submission of one or more	90592
questions set forth in this section, a special election shall be	90593
held in the precinct as ordered by the board of elections under	90594
that section. The expense of holding the special election shall be	90595
charged to the municipal corporation or township of which the	90596
precinct is a part.	90597

(B) At the election, one or more of the following questions,	90598
as designated in a valid petition, shall be submitted to the	90599
electors of the precinct concerning Sunday sales:	90600

(1) "Shall the sale of intoxicating liquor be permitted in a	90601
portion of this precinct between the hours of ~~one p.m.~~eleven a.m.	90602
and midnight on Sunday for consumption on the premises where sold,	90603
where the status of such Sunday sales as allowed or prohibited is	90604
inconsistent with the status of such Sunday sales in the remainder	90605
of the precinct?"	90606

(2) "Shall the sale of intoxicating liquor be permitted in a	90607
portion of this precinct between the hours of ~~one p.m.~~eleven a.m.	90608
and midnight on Sunday for consumption on the premises where sold	90609
at licensed premises where the sale of food and other goods	90610
exceeds fifty per cent of the total gross receipts of the permit	90611
holder at the premises, where the status of such Sunday sales as	90612
allowed or prohibited is inconsistent with the status of such	90613
Sunday sales in the remainder of the precinct?"	90614

(3) "Shall the sale of wine and mixed beverages be permitted	90615
in a portion of this precinct between the hours of ~~one p.m.~~eleven	90616
a.m. and midnight on Sunday for consumption off the premises where	90617
sold, where the status of such Sunday sales as allowed or	90618
prohibited is inconsistent with the status of such Sunday sales in	90619
the remainder of the precinct?"	90620

(C) At the election, one or more of the following questions,	90621
as designated in a valid petition, shall be submitted to the	90622
electors of the precinct concerning Sunday sales:	90623

(1) "Shall the sale of intoxicating liquor be permitted in a	90624
portion of this precinct between the hours of ten a.m. and	90625
midnight on Sunday for consumption on the premises where sold,	90626
where the status of such Sunday sales as allowed or prohibited is	90627
inconsistent with the status of such Sunday sales in the remainder	90628
of the precinct?"	90629

(2) "Shall the sale of intoxicating liquor be permitted in a	90630
portion of this precinct between the hours of ten a.m. and	90631
midnight on Sunday for consumption on the premises where sold at	90632
licensed premises where the sale of food and other goods exceeds	90633
fifty per cent of the total gross receipts of the permit holder at	90634
the premises, where the status of such Sunday sales as allowed or	90635
prohibited is inconsistent with the status of such Sunday sales in	90636
the remainder of the precinct?"	90637

(3) "Shall the sale of wine and mixed beverages be permitted	90638
in a portion of this precinct between the hours of ten a.m. and	90639
midnight on Sunday for consumption off the premises where sold,	90640
where the status of such Sunday sales as allowed or prohibited is	90641
inconsistent with the status of such Sunday sales in the remainder	90642
of the precinct?"	90643

(D) The board of elections shall furnish printed ballots at	90644
the special election as provided under section 3505.06 of the	90645
Revised Code, except that a separate ballot shall be used for the	90646
special election. The one or more questions set forth in divisions	90647
(B) and (C) of this section shall be printed on each ballot, and	90648
the board shall insert in the ~~question and statement~~questions	90649
appropriate words to complete each and a description of the	90650
portion of the precinct that would be affected by the results of	90651
the election.	90652

The description of the portion of the precinct shall include	90653
either the complete listing of street addresses in that portion or	90654
a condensed text that accurately describes the boundaries of the	90655
portion of the precinct by street name or by another name	90656
generally known by the residents of the portion of the precinct.	90657
If other than a full street listing is used, the full street	90658
listing also shall be posted in each polling place in a location	90659
that is easily accessible to all voters. Failure of the board of	90660
elections to completely and accurately list all street addresses	90661
in the affected area of the precinct does not affect the validity	90662
of the election at which the failure occurred and is not grounds	90663
for contesting an election under section 3515.08 of the Revised	90664
Code. Votes shall be cast as provided under section 3505.06 of the	90665
Revised Code.	90666

Sec. 4301.355. (A) If a petition is filed under section	90667
4301.333 of the Revised Code for the submission of the question or	90668
questions set forth in this section, it shall be held in the	90669
precinct as ordered by the board of elections under that section.	90670
The expense of holding the election shall be charged to the	90671
municipal corporation or township of which the precinct is a part.	90672

(B) At the election, one or more of the following questions,	90673
as designated in a valid petition, shall be submitted to the	90674
electors of the precinct:	90675

(1) "Shall the sale of .......... (insert beer, wine and	90676
mixed beverages, or spirituous liquor) be permitted by ..........	90677
(insert name of applicant, liquor permit holder, or liquor agency	90678
store, including trade or fictitious name under which applicant	90679
for, or holder of, liquor permit or liquor agency store either	90680
intends to do, or does, business at the particular location), an	90681
.......... (insert "applicant for" or "holder of" or "operator	90682
of") a .......... (insert class name of liquor permit or permits	90683
followed by the words "liquor permit(s)" or, if appropriate, the	90684
words "liquor agency store for the State of Ohio"), who is engaged	90685
in the business of .......... (insert general nature of the	90686
business in which applicant or liquor permit holder is engaged or	90687
will be engaged in at the particular location, as described in the	90688
petition) at .......... (insert address of the particular location	90689
within the precinct as set forth in the petition) in this	90690
precinct?"	90691

(2) "Shall the sale of .......... (insert beer, wine and	90692
mixed beverages, or spirituous liquor) be permitted for sale on	90693
Sunday between the hours of .......... (insert "ten a.m. and	90694
midnight" or "~~one p.m.~~eleven a.m. and midnight") by ..........	90695
(insert name of applicant, liquor permit holder, or liquor agency	90696
store, including trade or fictitious name under which applicant	90697
for, or holder of, liquor permit or liquor agency store either	90698
intends to do, or does, business at the particular location), an	90699
...... (insert "applicant for a D-6 liquor permit," "holder of a	90700
D-6 liquor permit," "applicant for or holder of an A-1-A, A-2,	90701
A-3a, C-1, C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c,	90702
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, or D-7	90703
liquor permit," if only the approval of beer sales is sought, or	90704
"liquor agency store") who is engaged in the business of	90705
.......... (insert general nature of the business in which	90706
applicant or liquor permit holder is engaged or will be engaged	90707
in at the particular location, as described in the petition) at	90708
.......... (insert address of the particular location within the	90709
precinct) in this precinct?"	90710

(C) The board of elections shall furnish printed ballots at	90711
the election as provided under section 3505.06 of the Revised	90712
Code, except that a separate ballot shall be used for the election	90713
under this section. The question set forth in this section shall	90714
be printed on each ballot, and the board shall insert in the	90715
question appropriate words to complete it. Votes shall be cast as	90716
provided under section 3505.06 of the Revised Code.	90717

Sec. 4301.356. If a petition is filed under section 4301.334	90718
of the Revised Code for the submission of the question set forth	90719
in this section, an election shall be held in the municipal	90720
corporation or unincorporated area of a township as ordered by the	90721
board of elections under that section.	90722

Except as otherwise provided in this section, if the	90723
legislative authority of a municipal corporation in whose	90724
territory, or the board of township trustees of a township in	90725
whose unincorporated area, a community facility is located	90726
submits, not later than four p.m. of the seventy-fifth day before	90727
the day of a primary or general election, to the board of	90728
elections of the county in which the community facility is located	90729
an ordinance or resolution requesting the submission of the	90730
question set forth in this section to the electors of the	90731
municipal corporation or unincorporated area of the township, the	90732
board of elections shall order that an election be held on that	90733
question in the municipal corporation or the unincorporated area	90734
of the township on the day of the next primary or general	90735
election, whichever occurs first. The legislative authority or	90736
board of township trustees shall submit the name and address of	90737
any permit holder who would be affected by the results of the	90738
election to the board of elections at the same time it submits the	90739
ordinance or resolution. The board of elections, within five days	90740
after receiving the name and address, shall give notice by	90741
certified mail to each permit holder that it has received the	90742
ordinance or resolution. Failure of the legislative authority or	90743
board of township trustees to supply the name and address of each	90744
permit holder to the board of elections invalidates the effect of	90745
the ordinance or resolution.	90746

At the election, the following question shall be submitted to	90747
the electors of the municipal corporation or unincorporated area	90748
of a township:	90749

"Shall the sale of beer and intoxicating liquor be permitted	90750
on days of the week other than Sunday and between the hours of ~~one~~	90751
~~p.m.~~.......... (insert "ten a.m." or "eleven a.m.") and midnight	90752
on Sunday, at .......... (insert name of community facility), a	90753
community facility as defined by section 4301.01 of the Revised	90754
Code, and located at ........ (insert the address of the community	90755
facility and, if the community facility is a community	90756
entertainment district, the boundaries of the district, as set	90757
forth in the petition)?"	90758

The board of elections shall furnish printed ballots at the	90759
election as provided under section 3505.06 of the Revised Code,	90760
except that a separate ballot shall be used for the election under	90761
this section. The question set forth in this section shall be	90762
printed on each ballot, and the board shall insert in the question	90763
appropriate words to complete ~~each~~it, subject to the approval of	90764
the secretary of state. Votes shall be cast as provided under	90765
section 3505.06 of the Revised Code.	90766

Sec. 4301.361. (A) If a majority of the electors voting on	90767
questions set forth in section 4301.351 of the Revised Code in a	90768
precinct vote "yes" on question (B)(1) or (C)(1), or, if both	90769
questions (B)(1) and (B)(2), or questions (C)(1) and (C)(2), are	90770
submitted, "yes" on both questions or "yes" on question (B)(1) or	90771
(C)(1) but "no" on question (B)(2) or (C)(2), sales of	90772
intoxicating liquor shall be allowed on Sunday in the manner and	90773
under the conditions specified in question (B)(1) or (C)(1), under	90774
a D-6 permit, within the precinct concerned, during the hours	90775
specified in division (A) of section 4303.182 of the Revised Code	90776
and during the period the election is in effect as defined in	90777
section 4301.37 of the Revised Code.	90778

(B) If only question (B)(2) or (C)(2) is submitted to the	90779
voters or if questions (B)(2) and (B)(3) or (C)(2) and (C)(3) are	90780
submitted and a majority of the electors voting in a precinct vote	90781
"yes" on question (B)(2) or (C)(2) as set forth in section	90782
4301.351 of the Revised Code, sales of intoxicating liquor shall	90783
be allowed on Sunday in the manner and under the conditions	90784
specified in question (B)(2) or (C)(2), under a D-6 permit, within	90785
the precinct concerned, during the hours specified in division (A)	90786
of section 4303.182 of the Revised Code and during the period the	90787
election is in effect as defined in section 4301.37 of the Revised	90788
Code, even if question (B)(1) or (C)(1) was also submitted and a	90789
majority of the electors voting in the precinct voted "no."	90790

(C) If question (B)(3) or (C)(3) is submitted and a majority	90791
of electors voting on question (B)(3) or (C)(3) as set forth in	90792
section 4301.351 of the Revised Code in a precinct vote "yes,"	90793
sales of wine and mixed beverages shall be allowed on Sunday in	90794
the manner and under the conditions specified in question (B)(3)	90795
or (C)(3), under a D-6 permit, within the precinct concerned,	90796
during the hours specified in division (A) of section 4303.182 of	90797
the Revised Code and during the period the election is in effect	90798
as defined in section 4301.37 of the Revised Code.	90799

(D) If questions (B)(1), (B)(2), and (B)(3), or questions	90800
(C)(1), (C)(2), and (C)(3), as set forth in section 4301.351 of	90801
the Revised Code, are all submitted and a majority of the electors	90802
voting in such precinct vote "no" on all three questions, no sales	90803
of intoxicating liquor shall be made within the precinct concerned	90804
after two-thirty a.m. on Sunday as specified in the questions	90805
submitted, during the period the election is in effect as defined	90806
in section 4301.37 of the Revised Code.	90807

(E) If question (C)(1) as set forth in section 4301.351 of	90808
the Revised Code is submitted to the voters in a precinct in which	90809
question (B)(1) as set forth in that section previously was	90810
submitted and approved, and the results of the election on	90811
question (B)(1) are still in effect in the precinct; or if	90812
question (C)(2) as set forth in that section is submitted to the	90813
voters in a precinct in which question (B)(2) as set forth in that	90814
section previously was submitted and approved, and the results of	90815
the election on question (B)(2) are still in effect in the	90816
precinct; or if question (C)(3) as set forth in that section is	90817
submitted to the voters in a precinct in which question (B)(3) as	90818
set forth in that section previously was submitted and approved,	90819
and the results of the election on question (B)(3) are still in	90820
effect in the precinct; and if a majority of the electors voting	90821
on question (C)(1), (C)(2), or (C)(3) vote "no," then sales shall	90822
continue to be allowed in the precinct in the manner and under the	90823
conditions specified in the previously approved question (B)(1),	90824
(B)(2), or (B)(3), as applicable.	90825

(F) If question (B)(4) as set forth in section 4301.351 of	90826
the Revised Code is submitted and a majority of the electors	90827
voting in the precinct vote "yes," sales of intoxicating liquor	90828
shall be allowed on Sunday at outdoor performing arts centers in	90829
the manner and under the conditions specified in question (B)(4)	90830
under a D-6 permit, within the precinct concerned, during the	90831
hours specified in division (F) of section 4303.182 of the Revised	90832
Code and during the period the election is in effect as defined in	90833
section 4301.37 of the Revised Code. If question (B)(4) as set	90834
forth in section 4301.351 of the Revised Code is submitted and a	90835
majority of the electors voting in the precinct vote "no," no	90836
sales of intoxicating liquor shall be allowed at outdoor	90837
performing arts centers in the precinct concerned under a D-6	90838
permit, after 2:30 a.m. on Sunday, during the period the election	90839
is in effect as defined in section 4301.37 of the Revised Code.	90840

Sec. 4301.364. (A) If a majority of the electors in a	90841
precinct vote "yes" on question (B)(1) or (C)(1) as set forth in	90842
section 4301.354 of the Revised Code, the sale of intoxicating	90843
liquor, of the same types as may be legally sold in the precinct	90844
on other days of the week, shall be permitted on Sunday in the	90845
portion of the precinct affected by the results of the election	90846
during the hours specified in division (A) of section 4303.182 of	90847
the Revised Code and in the manner and under the conditions	90848
specified in the question, subject only to this chapter and	90849
Chapter 4303. of the Revised Code.	90850

(B) If a majority of the electors in a precinct vote "yes" on	90851
question (B)(2) or (C)(2) as set forth in section 4301.354 of the	90852
Revised Code, the sale of intoxicating liquor, of the same types	90853
as may be legally sold in the precinct on other days of the week,	90854
shall be permitted on Sunday in the portion of the precinct	90855
affected by the results of the election during the hours specified	90856
in division (A) of section 4303.182 of the Revised Code and in the	90857
manner and under the conditions specified in the question, subject	90858
only to this chapter and Chapter 4303. of the Revised Code.	90859

(C) If a majority of the electors in a precinct vote "yes" on	90860
question (B)(3) or (C)(3) as set forth in section 4301.354 of the	90861
Revised Code, the sale of wine and mixed beverages shall be	90862
permitted on Sunday in the portion of the precinct affected by the	90863
results of the election during the hours specified in division (A)	90864
of section 4303.182 of the Revised Code and in the manner and	90865
under the conditions specified in the question, subject only to	90866
this chapter and Chapter 4303. of the Revised Code.	90867

(D) If a majority of the electors in a precinct vote "no" on	90868
question (B)(1) or (C)(1) as set forth in section 4301.354 of the	90869
Revised Code, no sale of intoxicating liquor shall be permitted on	90870
Sunday in the manner and under the conditions specified in the	90871
question in the portion of the precinct affected by the results of	90872
the election.	90873

(E) If a majority of the electors in a precinct vote "no" on	90874
question (B)(2) or (C)(2) as set forth in section 4301.354 of the	90875
Revised Code, no sale of intoxicating liquor shall be permitted on	90876
Sunday in the manner and under the conditions specified in the	90877
question in the portion of the precinct affected by the results of	90878
the election.	90879

(F) If a majority of the electors in a precinct vote "no" on	90880
question (B)(3) or (C)(3) as set forth in section 4301.354 of the	90881
Revised Code, no sale of wine or mixed beverages shall be	90882
permitted on Sunday in the manner and under the conditions	90883
specified in the question in the portion of the precinct affected	90884
by the results of the election.	90885

(G) If question (C)(1) as set forth in section 4301.354 of	90886
the Revised Code is submitted to the voters in a precinct in which	90887
question (B)(1) as set forth in that section previously was	90888
submitted and approved, and the results of the election on	90889
question (B)(1) are still in effect in the precinct; or if	90890
question (C)(2) as set forth in that section is submitted to the	90891
voters in a precinct in which question (B)(2) as set forth in that	90892
section previously was submitted and approved, and the results of	90893
the election on question (B)(2) are still in effect in the	90894
precinct; or if question (C)(3) as set forth in that section is	90895
submitted to the voters in a precinct in which question (B)(3) as	90896
set forth in that section previously was submitted and approved,	90897
and the results of the election on question (B)(3) are still in	90898
effect in the precinct; and if a majority of the electors voting	90899
on question (C)(1), (C)(2), or (C)(3) vote "no," then sales shall	90900
continue to be allowed in the precinct in the manner and under the	90901
conditions specified in the previously approved question (B)(1),	90902
(B)(2), or (B)(3), as applicable.	90903

Sec. 4301.365. (A) If a majority of the electors in a	90904
precinct vote "yes" on questions (B)(1) and (2) as set forth in	90905
section 4301.355 of the Revised Code, the sale of beer, wine and	90906
mixed beverages, or spirituous liquor, whichever was the subject	90907
of the election, shall be allowed at the particular location and	90908
for the use~~, and during the hours on Sunday,~~ specified in the	90909
questions under each permit applied for by the petitioner or at	90910
the address listed for the liquor agency store, and, in relation	90911
to question (B)(2), during the hours on Sunday specified in	90912
division (A) of section 4303.182 of the Revised Code, subject only	90913
to this chapter and Chapter 4303. of the Revised Code. Failure to	90914
continue to use the particular location for any proposed or stated	90915
use set forth in the petition is grounds for the denial of a	90916
renewal of the liquor permit under division (A) of section	90917
4303.271 of the Revised Code or is grounds for the nonrenewal or	90918
cancellation of the liquor agency store contract by the division	90919
of liquor control, except in the case where the liquor permit	90920
holder or liquor agency store decides to cease the sale of beer,	90921
wine and mixed beverages, or spirituous liquor, whichever was the	90922
subject of the election, on Sundays.	90923

(B) Except as otherwise provided in division (H) of this	90924
section, if a majority of the electors in a precinct vote "yes" on	90925
question (B)(1) and "no" on question (B)(2) as set forth in	90926
section 4301.355 of the Revised Code, the sale of beer, wine and	90927
mixed beverages, or spirituous liquor, whichever was the subject	90928
of the election, shall be allowed at the particular location for	90929
the use specified in question (B)(1) of section 4301.355 of the	90930
Revised Code and under each permit applied for by the petitioner,	90931
except for a D-6 permit, subject only to this chapter and Chapter	90932
4303. of the Revised Code.	90933

(C) If a majority of the electors in a precinct vote "no" on	90934
question (B)(1) as set forth in section 4301.355 of the Revised	90935
Code, no sales of beer, wine and mixed beverages, or spirituous	90936
liquor, whichever was the subject of the election, shall be	90937
allowed at the particular location for the use specified in the	90938
petition during the period the election is in effect as defined in	90939
section 4301.37 of the Revised Code.	90940

(D) If a majority of the electors in a precinct vote only on	90941
question (B)(2) as set forth in section 4301.355 of the Revised	90942
Code and that vote results in a majority "yes" vote, sales of	90943
beer, wine and mixed beverages, or spirituous liquor, whichever	90944
was the subject of the election, shall be allowed at the	90945
particular location for the use ~~and during the hours~~ specified in	90946
the petition on Sunday during the hours specified in division (A)	90947
of section 4303.182 of the Revised Code and during the period the	90948
election is in effect as defined in section 4301.37 of the Revised	90949
Code.	90950

(E) Except as otherwise provided in division (H) of this	90951
section, if a majority of the electors in a precinct vote only on	90952
question (B)(2) as set forth in section 4301.355 of the Revised	90953
Code and that vote results in a majority "no" vote, no sales of	90954
beer, wine and mixed beverages, or spirituous liquor, whichever	90955
was the subject of the election, shall be allowed at the	90956
particular location for the use and during the hours specified in	90957
the petition on Sunday during the period the election is in effect	90958
as defined in section 4301.37 of the Revised Code.	90959

(F) In case of elections in the same precinct for the	90960
question or questions set forth in section 4301.355 of the Revised	90961
Code and for a question or questions set forth in section 4301.35,	90962
4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the Revised	90963
Code, the results of the election held on the question or	90964
questions set forth in section 4301.355 of the Revised Code shall	90965
apply to the particular location notwithstanding the results of	90966
the election held on the question or questions set forth in	90967
section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14	90968
of the Revised Code.	90969

(G) Sections 4301.32 to 4301.41 of the Revised Code do not	90970
prohibit the transfer of ownership of a permit that was issued to	90971
a particular location as the result of an election held on sales	90972
of beer, wine and mixed beverages, spirituous liquor, or	90973
intoxicating liquor at that particular location as long as the	90974
general nature of the business at that particular location	90975
described in the petition for that election remains the same after	90976
the transfer.	90977

(H) If question (B)(2) as set forth in section 4301.355 of	90978
the Revised Code is submitted to the electors of a precinct	90979
proposing to authorize the sale of beer, wine and mixed beverages,	90980
or spirituous liquor between the hours of ten a.m. and midnight at	90981
a particular location at which the sale of beer, wine and mixed	90982
beverages, spirituous liquor, or intoxicating liquor is already	90983
allowed between the hours of eleven a.m. and midnight or one p.m.	90984
and midnight and the question submitted is defeated, the sale of	90985
beer, wine and mixed beverages, spirituous liquor, or intoxicating	90986
liquor between the hours of eleven a.m. and midnight or one p.m.	90987
and midnight, as applicable, shall continue at that particular	90988
location.	90989

Sec. 4301.366. If a majority of the electors voting on the	90990
question specified in section 4301.356 of the Revised Code vote	90991
"yes," the sale of beer and intoxicating liquor shall be allowed	90992
at the community facility ~~and~~on days of the week other than	90993
Sunday and during the hours on Sunday specified in division (A) of	90994
section 4303.182 of the Revised Code, for the use specified in the	90995
question, subject only to this chapter and Chapter 4303. of the	90996
Revised Code. Failure to continue to use the location as a	90997
community facility constitutes good cause for rejection of the	90998
renewal of the liquor permit under division (A) of section	90999
4303.271 of the Revised Code.	91000

If a majority of the electors voting on the question	91001
specified in section 4301.356 of the Revised Code vote "no," no	91002
sales of beer or intoxicating liquor shall be made at or within	91003
the community facility during the period the election is in effect	91004
as defined in section 4301.37 of the Revised Code.	91005

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	91006
the Revised Code:	91007

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	91008
fluid ounces.	91009

(2) "Sale" or "sell" includes exchange, barter, gift,	91010
distribution, and, except with respect to A-4 permit holders,	91011
offer for sale.	91012

(B) For the purposes of providing revenues for the support of	91013
the state and encouraging the grape industries in the state, a tax	91014
is hereby levied on the sale or distribution of wine in Ohio,	91015
except for known sacramental purposes, at the rate of thirty cents	91016
per wine gallon for wine containing not less than four per cent of	91017
alcohol by volume and not more than fourteen per cent of alcohol	91018
by volume, ninety-eight cents per wine gallon for wine containing	91019
more than fourteen per cent but not more than twenty-one per cent	91020
of alcohol by volume, one dollar and eight cents per wine gallon	91021
for vermouth, and one dollar and forty-eight cents per wine gallon	91022
for sparkling and carbonated wine and champagne, the tax to be	91023
paid by the holders of A-2 and B-5 permits or by any other person	91024
selling or distributing wine upon which no tax has been paid. From	91025
the tax paid under this section on wine, vermouth, and sparkling	91026
and carbonated wine and champagne, the treasurer of state shall	91027
credit to the Ohio grape industries fund created under section	91028
924.54 of the Revised Code a sum equal to one cent per gallon for	91029
each gallon upon which the tax is paid.	91030

(C) For the purpose of providing revenues for the support of	91031
the state, there is hereby levied a tax on prepared and bottled	91032
highballs, cocktails, cordials, and other mixed beverages at the	91033
rate of one dollar and twenty cents per wine gallon to be paid by	91034
holders of A-4 permits or by any other person selling or	91035
distributing those products upon which no tax has been paid. Only	91036
one sale of the same article shall be used in computing the amount	91037
of tax due. The tax on mixed beverages to be paid by holders of	91038
A-4 permits under this section shall not attach until the	91039
ownership of the mixed beverage is transferred for valuable	91040
consideration to a wholesaler or retailer, and no payment of the	91041
tax shall be required prior to that time.	91042

(D) During the period of July 1, ~~2007~~2009, through June 30,	91043
~~2009~~2011, from the tax paid under this section on wine, vermouth,	91044
and sparkling and carbonated wine and champagne, the treasurer of	91045
state shall credit to the Ohio grape industries fund created under	91046
section 924.54 of the Revised Code a sum equal to two cents per	91047
gallon upon which the tax is paid. The amount credited under this	91048
division is in addition to the amount credited to the Ohio grape	91049
industries fund under division (B) of this section.	91050

(E) For the purpose of providing revenues for the support of	91051
the state, there is hereby levied a tax on cider at the rate of	91052
twenty-four cents per wine gallon to be paid by the holders of A-2	91053
and B-5 permits or by any other person selling or distributing	91054
cider upon which no tax has been paid. Only one sale of the same	91055
article shall be used in computing the amount of the tax due.	91056

Sec. 4301.85. (A) The serving or consumption of beer or	91057
intoxicating liquor shall not be prohibited in a facility that is	91058
owned or leased by the state and that is used by visiting foreign	91059
military units for training, provided that such serving or	91060
consumption of beer or intoxicating liquor shall be done according	91061
to the policies and procedures agreed upon by the commanding	91062
officers of the foreign military units, the adjutant general, and	91063
the United States department of defense liaisons or their	91064
designated representatives to the foreign military units.	91065

(B) As used in this section, "beer" and "intoxicating liquor"	91066
have the same meanings as in section 4301.01 of the Revised Code.	91067

Sec. 4303.181. (A) Permit D-5a may be issued either to the	91068
owner or operator of a hotel or motel that is required to be	91069
licensed under section 3731.03 of the Revised Code, that contains	91070
at least fifty rooms for registered transient guests or is owned	91071
by a state institution of higher education as defined in section	91072
3345.011 of the Revised Code or a private college or university,	91073
and that qualifies under the other requirements of this section,	91074
or to the owner or operator of a restaurant specified under this	91075
section, to sell beer and any intoxicating liquor at retail, only	91076
by the individual drink in glass and from the container, for	91077
consumption on the premises where sold, and to registered guests	91078
in their rooms, which may be sold by means of a controlled access	91079
alcohol and beverage cabinet in accordance with division (B) of	91080
section 4301.21 of the Revised Code; and to sell the same products	91081
in the same manner and amounts not for consumption on the premises	91082
as may be sold by holders of D-1 and D-2 permits. The premises of	91083
the hotel or motel shall include a retail food establishment or a	91084
food service operation licensed pursuant to Chapter 3717. of the	91085
Revised Code that operates as a restaurant for purposes of this	91086
chapter and that is affiliated with the hotel or motel and within	91087
or contiguous to the hotel or motel, and that serves food within	91088
the hotel or motel, but the principal business of the owner or	91089
operator of the hotel or motel shall be the accommodation of	91090
transient guests. In addition to the privileges authorized in this	91091
division, the holder of a D-5a permit may exercise the same	91092
privileges as the holder of a D-5 permit.	91093

The owner or operator of a hotel, motel, or restaurant who	91094
qualified for and held a D-5a permit on August 4, 1976, may, if	91095
the owner or operator held another permit before holding a D-5a	91096
permit, either retain a D-5a permit or apply for the permit	91097
formerly held, and the division of liquor control shall issue the	91098
permit for which the owner or operator applies and formerly held,	91099
notwithstanding any quota.	91100

A D-5a permit shall not be transferred to another location.	91101
No quota restriction shall be placed on the number of D-5a permits	91102
that may be issued.	91103

The fee for this permit is two thousand three hundred	91104
forty-four dollars.	91105

(B) Permit D-5b may be issued to the owner, operator, tenant,	91106
lessee, or occupant of an enclosed shopping center to sell beer	91107
and intoxicating liquor at retail, only by the individual drink in	91108
glass and from the container, for consumption on the premises	91109
where sold; and to sell the same products in the same manner and	91110
amount not for consumption on the premises as may be sold by	91111
holders of D-1 and D-2 permits. In addition to the privileges	91112
authorized in this division, the holder of a D-5b permit may	91113
exercise the same privileges as a holder of a D-5 permit.	91114

A D-5b permit shall not be transferred to another location.

91115

One D-5b permit may be issued at an enclosed shopping center	91116
containing at least two hundred twenty-five thousand, but less	91117
than four hundred thousand, square feet of floor area.	91118

Two D-5b permits may be issued at an enclosed shopping center	91119
containing at least four hundred thousand square feet of floor	91120
area. No more than one D-5b permit may be issued at an enclosed	91121
shopping center for each additional two hundred thousand square	91122
feet of floor area or fraction of that floor area, up to a maximum	91123
of five D-5b permits for each enclosed shopping center. The number	91124
of D-5b permits that may be issued at an enclosed shopping center	91125
shall be determined by subtracting the number of D-3 and D-5	91126
permits issued in the enclosed shopping center from the number of	91127
D-5b permits that otherwise may be issued at the enclosed shopping	91128
center under the formulas provided in this division. Except as	91129
provided in this section, no quota shall be placed on the number	91130
of D-5b permits that may be issued. Notwithstanding any quota	91131
provided in this section, the holder of any D-5b permit first	91132
issued in accordance with this section is entitled to its renewal	91133
in accordance with section 4303.271 of the Revised Code.	91134

The holder of a D-5b permit issued before April 4, 1984,	91135
whose tenancy is terminated for a cause other than nonpayment of	91136
rent, may return the D-5b permit to the division of liquor	91137
control, and the division shall cancel that permit. Upon	91138
cancellation of that permit and upon the permit holder's payment	91139
of taxes, contributions, premiums, assessments, and other debts	91140
owing or accrued upon the date of cancellation to this state and	91141
its political subdivisions and a filing with the division of a	91142
certification of that payment, the division shall issue to that	91143
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	91144
that person requests. The division shall issue the D-5 permit, or	91145
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	91146
D-3, or D-5 permits currently issued in the municipal corporation	91147
or in the unincorporated area of the township where that person's	91148
proposed premises is located equals or exceeds the maximum number	91149
of such permits that can be issued in that municipal corporation	91150
or in the unincorporated area of that township under the	91151
population quota restrictions contained in section 4303.29 of the	91152
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	91153
be transferred to another location. If a D-5b permit is canceled	91154
under the provisions of this paragraph, the number of D-5b permits	91155
that may be issued at the enclosed shopping center for which the	91156
D-5b permit was issued, under the formula provided in this	91157
division, shall be reduced by one if the enclosed shopping center	91158
was entitled to more than one D-5b permit under the formula.	91159

The fee for this permit is two thousand three hundred	91160
forty-four dollars.	91161

(C) Permit D-5c may be issued to the owner or operator of a	91162
retail food establishment or a food service operation licensed	91163
pursuant to Chapter 3717. of the Revised Code that operates as a	91164
restaurant for purposes of this chapter and that qualifies under	91165
the other requirements of this section to sell beer and any	91166
intoxicating liquor at retail, only by the individual drink in	91167
glass and from the container, for consumption on the premises	91168
where sold, and to sell the same products in the same manner and	91169
amounts not for consumption on the premises as may be sold by	91170
holders of D-1 and D-2 permits. In addition to the privileges	91171
authorized in this division, the holder of a D-5c permit may	91172
exercise the same privileges as the holder of a D-5 permit.	91173

To qualify for a D-5c permit, the owner or operator of a	91174
retail food establishment or a food service operation licensed	91175
pursuant to Chapter 3717. of the Revised Code that operates as a	91176
restaurant for purposes of this chapter, shall have operated the	91177
restaurant at the proposed premises for not less than twenty-four	91178
consecutive months immediately preceding the filing of the	91179
application for the permit, have applied for a D-5 permit no later	91180
than December 31, 1988, and appear on the division's quota waiting	91181
list for not less than six months immediately preceding the filing	91182
of the application for the permit. In addition to these	91183
requirements, the proposed D-5c permit premises shall be located	91184
within a municipal corporation and further within an election	91185
precinct that, at the time of the application, has no more than	91186
twenty-five per cent of its total land area zoned for residential	91187
use.	91188

A D-5c permit shall not be transferred to another location.	91189
No quota restriction shall be placed on the number of such permits	91190
that may be issued.	91191

Any person who has held a D-5c permit for at least two years	91192
may apply for a D-5 permit, and the division of liquor control	91193
shall issue the D-5 permit notwithstanding the quota restrictions	91194
contained in section 4303.29 of the Revised Code or in any rule of	91195
the liquor control commission.	91196

The fee for this permit is one thousand five hundred	91197
sixty-three dollars.	91198

(D) Permit D-5d may be issued to the owner or operator of a	91199
retail food establishment or a food service operation licensed	91200
pursuant to Chapter 3717. of the Revised Code that operates as a	91201
restaurant for purposes of this chapter and that is located at an	91202
airport operated by a board of county commissioners pursuant to	91203
section 307.20 of the Revised Code, at an airport operated by a	91204
port authority pursuant to Chapter 4582. of the Revised Code, or	91205
at an airport operated by a regional airport authority pursuant to	91206
Chapter 308. of the Revised Code. The holder of a D-5d permit may	91207
sell beer and any intoxicating liquor at retail, only by the	91208
individual drink in glass and from the container, for consumption	91209
on the premises where sold, and may sell the same products in the	91210
same manner and amounts not for consumption on the premises where	91211
sold as may be sold by the holders of D-1 and D-2 permits. In	91212
addition to the privileges authorized in this division, the holder	91213
of a D-5d permit may exercise the same privileges as the holder of	91214
a D-5 permit.	91215

A D-5d permit shall not be transferred to another location.	91216
No quota restrictions shall be placed on the number of such	91217
permits that may be issued.	91218

The fee for this permit is two thousand three hundred	91219
forty-four dollars.	91220

(E) Permit D-5e may be issued to any nonprofit organization	91221
that is exempt from federal income taxation under the "Internal	91222
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	91223
amended, or that is a charitable organization under any chapter of	91224
the Revised Code, and that owns or operates a riverboat that meets	91225
all of the following:	91226

(1) Is permanently docked at one location;

91227

(2) Is designated as an historical riverboat by the Ohio	91228
historical society;	91229

(3) Contains not less than fifteen hundred square feet of	91230
floor area;	91231

(4) Has a seating capacity of fifty or more persons.

91232

The holder of a D-5e permit may sell beer and intoxicating	91233
liquor at retail, only by the individual drink in glass and from	91234
the container, for consumption on the premises where sold.	91235

A D-5e permit shall not be transferred to another location.	91236
No quota restriction shall be placed on the number of such permits	91237
that may be issued. The population quota restrictions contained	91238
in section 4303.29 of the Revised Code or in any rule of the	91239
liquor control commission shall not apply to this division, and	91240
the division shall issue a D-5e permit to any applicant who meets	91241
the requirements of this division. However, the division shall not	91242
issue a D-5e permit if the permit premises or proposed permit	91243
premises are located within an area in which the sale of	91244
spirituous liquor by the glass is prohibited.	91245

The fee for this permit is one thousand two hundred nineteen	91246
dollars.	91247

(F) Permit D-5f may be issued to the owner or operator of a	91248
retail food establishment or a food service operation licensed	91249
under Chapter 3717. of the Revised Code that operates as a	91250
restaurant for purposes of this chapter and that meets all of the	91251
following:	91252

(1) It contains not less than twenty-five hundred square feet	91253
of floor area.	91254

(2) It is located on or in, or immediately adjacent to, the	91255
shoreline of, a navigable river.	91256

(3) It provides docking space for twenty-five boats.

91257

(4) It provides entertainment and recreation, provided that	91258
not less than fifty per cent of the business on the permit	91259
premises shall be preparing and serving meals for a consideration.	91260

In addition, each application for a D-5f permit shall be	91261
accompanied by a certification from the local legislative	91262
authority that the issuance of the D-5f permit is not inconsistent	91263
with that political subdivision's comprehensive development plan	91264
or other economic development goal as officially established by	91265
the local legislative authority.	91266

The holder of a D-5f permit may sell beer and intoxicating	91267
liquor at retail, only by the individual drink in glass and from	91268
the container, for consumption on the premises where sold.	91269

A D-5f permit shall not be transferred to another location.

91270

The division of liquor control shall not issue a D-5f permit	91271
if the permit premises or proposed permit premises are located	91272
within an area in which the sale of spirituous liquor by the glass	91273
is prohibited.	91274

A fee for this permit is two thousand three hundred	91275
forty-four dollars.	91276

As used in this division, "navigable river" means a river	91277
that is also a "navigable water" as defined in the "Federal Power	91278
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	91279

(G) Permit D-5g may be issued to a nonprofit corporation that	91280
is either the owner or the operator of a national professional	91281
sports museum. The holder of a D-5g permit may sell beer and any	91282
intoxicating liquor at retail, only by the individual drink in	91283
glass and from the container, for consumption on the premises	91284
where sold. The holder of a D-5g permit shall sell no beer or	91285
intoxicating liquor for consumption on the premises where sold	91286
after one a.m. A D-5g permit shall not be transferred to another	91287
location. No quota restrictions shall be placed on the number of	91288
D-5g permits that may be issued. The fee for this permit is one	91289
thousand eight hundred seventy-five dollars.	91290

(H)(1) Permit D-5h may be issued to any nonprofit	91291
organization that is exempt from federal income taxation under the	91292
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	91293
501(c)(3), as amended, that owns or operates any of the following:	91294

(a) A fine arts museum, provided that the nonprofit	91295
organization has no less than one thousand five hundred bona fide	91296
members possessing full membership privileges;	91297

(b) A community arts center. As used in division (H)(1)(b) of	91298
this section, "community arts center" means a facility that	91299
provides arts programming to the community in more than one arts	91300
discipline, including, but not limited to, exhibits of works of	91301
art and performances by both professional and amateur artists.	91302

(c) A community theater, provided that the nonprofit	91303
organization is a member of the Ohio arts council and the American	91304
community theatre association and has been in existence for not	91305
less than ten years. As used in division (H)(1)(c) of this	91306
section, "community theater" means a facility that contains at	91307
least one hundred fifty seats and has a primary function of	91308
presenting live theatrical performances and providing recreational	91309
opportunities to the community.	91310

(2) The holder of a D-5h permit may sell beer and any	91311
intoxicating liquor at retail, only by the individual drink in	91312
glass and from the container, for consumption on the premises	91313
where sold. The holder of a D-5h permit shall sell no beer or	91314
intoxicating liquor for consumption on the premises where sold	91315
after one a.m. A D-5h permit shall not be transferred to another	91316
location. No quota restrictions shall be placed on the number of	91317
D-5h permits that may be issued.	91318

(3) The fee for a D-5h permit is one thousand eight hundred	91319
seventy-five dollars.	91320

(I) Permit D-5i may be issued to the owner or operator of a	91321
retail food establishment or a food service operation licensed	91322
under Chapter 3717. of the Revised Code that operates as a	91323
restaurant for purposes of this chapter and that meets all of the	91324
following requirements:	91325

(1) It is located in a municipal corporation or a township	91326
with a population of one hundred thousand or less.	91327

(2) It has inside seating capacity for at least one hundred	91328
forty persons.	91329

(3) It has at least four thousand square feet of floor area.

91330

(4) It offers full-course meals, appetizers, and sandwiches.

91331

(5) Its receipts from beer and liquor sales, excluding wine	91332
sales, do not exceed twenty-five per cent of its total gross	91333
receipts.	91334

(6) It has at least one of the following characteristics:

91335

(a) The value of its real and personal property exceeds seven	91336
hundred twenty-five thousand dollars.	91337

(b) It is located on property that is owned or leased by the	91338
state or a state agency, and its owner or operator has	91339
authorization from the state or the state agency that owns or	91340
leases the property to obtain a D-5i permit.	91341

The holder of a D-5i permit may sell beer and any	91342
intoxicating liquor at retail, only by the individual drink in	91343
glass and from the container, for consumption on the premises	91344
where sold, and may sell the same products in the same manner and	91345
amounts not for consumption on the premises where sold as may be	91346
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	91347
permit shall sell no beer or intoxicating liquor for consumption	91348
on the premises where sold after two-thirty a.m. In addition to	91349
the privileges authorized in this division, the holder of a D-5i	91350
permit may exercise the same privileges as the holder of a D-5	91351
permit.	91352

A D-5i permit shall not be transferred to another location.	91353
The division of liquor control shall not renew a D-5i permit	91354
unless the retail food establishment or food service operation for	91355
which it is issued continues to meet the requirements described in	91356
divisions (I)(1) to (6) of this section. No quota restrictions	91357
shall be placed on the number of D-5i permits that may be issued.	91358
The fee for the D-5i permit is two thousand three hundred	91359
forty-four dollars.	91360

(J)(1) Permit D-5j may be issued to the owner or the operator	91361
of a retail food establishment or a food service operation	91362
licensed under Chapter 3717. of the Revised Code to sell beer and	91363
intoxicating liquor at retail, only by the individual drink in	91364
glass and from the container, for consumption on the premises	91365
where sold and to sell beer and intoxicating liquor in the same	91366
manner and amounts not for consumption on the premises where sold	91367
as may be sold by the holders of D-1 and D-2 permits. The holder	91368
of a D-5j permit may exercise the same privileges, and shall	91369
observe the same hours of operation, as the holder of a D-5	91370
permit.	91371

(2) The D-5j permit shall be issued only within a community	91372
entertainment district that is designated under section 4301.80 of	91373
the Revised Code and that meets one of the following	91374
qualifications:	91375

(a) It is located in a municipal corporation with a	91376
population of at least one hundred thousand.	91377

(b) It is located in a municipal corporation with a	91378
population of at least twenty thousand, and either of the	91379
following applies:	91380

(i) It contains an amusement park the rides of which have	91381
been issued a permit by the department of agriculture under	91382
Chapter 1711. of the Revised Code.	91383

(ii) Not less than fifty million dollars will be invested in	91384
development and construction in the community entertainment	91385
district's area located in the municipal corporation.	91386

(c) It is located in a township with a population of at least	91387
forty thousand.	91388

(d) It is located in a municipal corporation with a	91389
population of at least ten thousand, and not less than seventy	91390
million dollars will be invested in development and construction	91391
in the community entertainment district's area located in the	91392
municipal corporation.	91393

(e) It is located in a municipal corporation with a	91394
population of at least five thousand, and not less than one	91395
hundred million dollars will be invested in development and	91396
construction in the community entertainment district's area	91397
located in the municipal corporation.	91398

(3) The location of a D-5j permit may be transferred only	91399
within the geographic boundaries of the community entertainment	91400
district in which it was issued and shall not be transferred	91401
outside the geographic boundaries of that district.	91402

(4) Not more than one D-5j permit shall be issued within each	91403
community entertainment district for each five acres of land	91404
located within the district. Not more than fifteen D-5j permits	91405
may be issued within a single community entertainment district.	91406
Except as otherwise provided in division (J)(4) of this section,	91407
no quota restrictions shall be placed upon the number of D-5j	91408
permits that may be issued.	91409

(5) The fee for a D-5j permit is two thousand three hundred	91410
forty-four dollars.	91411

(K)(1) Permit D-5k may be issued to any nonprofit	91412
organization that is exempt from federal income taxation under the	91413
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	91414
501(c)(3), as amended, that is the owner or operator of a	91415
botanical garden recognized by the American association of	91416
botanical gardens and arboreta, and that has not less than	91417
twenty-five hundred bona fide members.	91418

(2) The holder of a D-5k permit may sell beer and any	91419
intoxicating liquor at retail, only by the individual drink in	91420
glass and from the container, on the premises where sold.	91421

(3) The holder of a D-5k permit shall sell no beer or	91422
intoxicating liquor for consumption on the premises where sold	91423
after one a.m.	91424

(4) A D-5k permit shall not be transferred to another	91425
location.	91426

(5) No quota restrictions shall be placed on the number of	91427
D-5k permits that may be issued.	91428

(6) The fee for the D-5k permit is one thousand eight hundred	91429
seventy-five dollars.	91430

(L)(1) Permit D-5l may be issued to the owner or the operator	91431
of a retail food establishment or a food service operation	91432
licensed under Chapter 3717. of the Revised Code to sell beer and	91433
intoxicating liquor at retail, only by the individual drink in	91434
glass and from the container, for consumption on the premises	91435
where sold and to sell beer and intoxicating liquor in the same	91436
manner and amounts not for consumption on the premises where sold	91437
as may be sold by the holders of D-1 and D-2 permits. The holder	91438
of a D-5l permit may exercise the same privileges, and shall	91439
observe the same hours of operation, as the holder of a D-5	91440
permit.	91441

(2) The D-5l permit shall be issued only to a premises that	91442
has gross annual receipts from the sale of food and meals that	91443
constitute not less than seventy-five per cent of its total gross	91444
annual receipts, that is located within a revitalization district	91445
that is designated under section 4301.81 of the Revised Code,	91446
that is located in a municipal corporation or township in which	91447
the number of D-5 permits issued equals or exceeds the number of	91448
those permits that may be issued in that municipal corporation	91449
or township under section 4303.29 of the Revised Code, and that	91450
is located in a county with a population of one hundred	91451
twenty-five thousand or less according to the population	91452
estimates certified by the department of development for	91453
calendar year 2006.	91454

(3) The location of a D-5l permit may be transferred only	91455
within the geographic boundaries of the revitalization district in	91456
which it was issued and shall not be transferred outside the	91457
geographic boundaries of that district.	91458

(4) Not more than one D-5l permit shall be issued within each	91459
revitalization district for each five acres of land located within	91460
the district. Not more than five D-5l permits may be issued within	91461
a single revitalization district. Except as otherwise provided in	91462
division (L)(4) of this section, no quota restrictions shall be	91463
placed upon the number of D-5l permits that may be issued.	91464

(5) The fee for a D-5l permit is two thousand three hundred	91465
forty-four dollars.	91466

(M) Permit D-5m may be issued to either the owner or the	91467
operator of a retail food establishment or food service operation	91468
licensed under Chapter 3717. of the Revised Code that operates as	91469
a restaurant for purposes of this chapter and that is located in,	91470
or affiliated with, a center for the preservation of wild animals	91471
as defined in section 4301.404 of the Revised Code, to sell beer	91472
and any intoxicating liquor at retail, only by the glass and from	91473
the container, for consumption on the premises where sold, and to	91474
sell the same products in the same manner and amounts not for	91475
consumption on the premises as may be sold by the holders of D-1	91476
and D-2 permits. In addition to the privileges authorized by this	91477
division, the holder of a D-5m permit may exercise the same	91478
privileges as the holder of a D-5 permit.	91479

A D-5m permit shall not be transferred to another location.	91480
No quota restrictions shall be placed on the number of D-5m	91481
permits that may be issued. The fee for a permit D-5m is two	91482
thousand three hundred forty-four dollars.	91483

Sec. 4303.182. (A) Except as otherwise provided in divisions	91484
(B) to (J) of this section, permit D-6 shall be issued to the	91485
holder of an A-1-A, A-2, A-3a, C-2, D-2, D-3, D-3a, D-4, D-4a,	91486
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	91487
D-5k, D-5l, D-5m, or D-7 permit to allow sale under that permit	91488
~~between~~as follows:	91489

(1) Between the hours of ten a.m. and midnight~~, or between~~	91490
on Sunday if sale during those hours has been approved under	91491
question (C)(1), (2), or (3) of section 4301.351 or 4301.354 of	91492
the Revised Code, under question (B)(2) of section 4301.355 of	91493
the Revised Code, or under section 4301.356 of the Revised Code	91494
and has been authorized under section 4301.361, 4301.364,	91495
4301.365, or 4301.366 of the Revised Code, under the restrictions	91496
of that authorization;	91497

(2) Between the hours of ~~one p.m.~~eleven a.m. and midnight,	91498
on Sunday, ~~as applicable,~~ if ~~that~~ sale during those hours has	91499
been approved on or after the effective date of this amendment	91500
under question (B)(1), (2), or (3) of section 4301.351 or	91501
4301.354 of the Revised Code, under question (B)(2) of section	91502
4301.355 of the Revised Code, or under section 4301.356 of the	91503
Revised Code and has been authorized under section 4301.361,	91504
4301.364, 4301.365, or 4301.366 of the Revised Code ~~and~~, under	91505
the restrictions of that authorization;	91506

(3) Between the hours of eleven a.m. and midnight on Sunday	91507
if sale between the hours of one p.m. and midnight was approved	91508
before the effective date of this amendment under question (B)(1),	91509
(2), or (3) of section 4301.351 or 4301.354 of the Revised Code,	91510
under question (B)(2) of section 4301.355 of the Revised Code, or	91511
under section 4301.356 of the Revised Code and has been authorized	91512
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	91513
Revised Code, under the other restrictions of that authorization.	91514

(B) Permit D-6 shall be issued to the holder of any permit,	91515
including a D-4a and D-5d permit, authorizing the sale of	91516
intoxicating liquor issued for a premises located at any publicly	91517
owned airport, as defined in section 4563.01 of the Revised Code,	91518
at which commercial airline companies operate regularly scheduled	91519
flights on which space is available to the public, to allow sale	91520
under such permit between the hours of ten a.m. and midnight on	91521
Sunday, whether or not that sale has been authorized under section	91522
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	91523

(C) Permit D-6 shall be issued to the holder of a D-5a	91524
permit, and to the holder of a D-3 or D-3a permit who is the owner	91525
or operator of a hotel or motel that is required to be licensed	91526
under section 3731.03 of the Revised Code, that contains at least	91527
fifty rooms for registered transient guests, and that has on its	91528
premises a retail food establishment or a food service operation	91529
licensed pursuant to Chapter 3717. of the Revised Code that	91530
operates as a restaurant for purposes of this chapter and is	91531
affiliated with the hotel or motel and within or contiguous to the	91532
hotel or motel and serving food within the hotel or motel, to	91533
allow sale under such permit between the hours of ten a.m. and	91534
midnight on Sunday, whether or not that sale has been authorized	91535
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	91536
Revised Code.	91537

(D) The holder of a D-6 permit that is issued to a sports	91538
facility may make sales under the permit between the hours of	91539
eleven a.m. and midnight on any Sunday on which a professional	91540
baseball, basketball, football, hockey, or soccer game is being	91541
played at the sports facility. As used in this division, "sports	91542
facility" means a stadium or arena that has a seating capacity of	91543
at least four thousand and that is owned or leased by a	91544
professional baseball, basketball, football, hockey, or soccer	91545
franchise or any combination of those franchises.	91546

(E) Permit D-6 shall be issued to the holder of any permit	91547
that authorizes the sale of beer or intoxicating liquor and that	91548
is issued to a premises located in or at the Ohio historical	91549
society area or the state fairgrounds, as defined in division (B)	91550
of section 4301.40 of the Revised Code, to allow sale under that	91551
permit between the hours of ten a.m. and midnight on Sunday,	91552
whether or not that sale has been authorized under section	91553
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	91554

(F) Permit D-6 shall be issued to the holder of any permit	91555
that authorizes the sale of intoxicating liquor and that is issued	91556
to an outdoor performing arts center to allow sale under that	91557
permit between the hours of one p.m. and midnight on Sunday,	91558
whether or not that sale has been authorized under section	91559
4301.361 of the Revised Code. A D-6 permit issued under this	91560
division is subject to the results of an election, held after the	91561
D-6 permit is issued, on question (B)(4) as set forth in section	91562
4301.351 of the Revised Code. Following the end of the period	91563
during which an election may be held on question (B)(4) as set	91564
forth in that section, sales of intoxicating liquor may continue	91565
at an outdoor performing arts center under a D-6 permit issued	91566
under this division, unless an election on that question is held	91567
during the permitted period and a majority of the voters voting in	91568
the precinct on that question vote "no."	91569

As used in this division, "outdoor performing arts center"	91570
means an outdoor performing arts center that is located on not	91571
less than eight hundred acres of land and that is open for	91572
performances from the first day of April to the last day of	91573
October of each year.	91574

(G) Permit D-6 shall be issued to the holder of any permit	91575
that authorizes the sale of beer or intoxicating liquor and that	91576
is issued to a golf course owned by the state, a conservancy	91577
district, a park district created under Chapter 1545. of the	91578
Revised Code, or another political subdivision to allow sale under	91579
that permit between the hours of ten a.m. and midnight on Sunday,	91580
whether or not that sale has been authorized under section	91581
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	91582

(H) Permit D-6 shall be issued to the holder of a D-5g permit	91583
to allow sale under that permit between the hours of ten a.m. and	91584
midnight on Sunday, whether or not that sale has been authorized	91585
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	91586
Revised Code.	91587

(I) Permit D-6 shall be issued to the holder of any D permit	91588
for a premises that is licensed under Chapter 3717. of the Revised	91589
Code and that is located at a ski area to allow sale under the D-6	91590
permit between the hours of ten a.m. and midnight on Sunday,	91591
whether or not that sale has been authorized under section	91592
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	91593

As used in this division, "ski area" means a ski area as	91594
defined in section 4169.01 of the Revised Code, provided that the	91595
passenger tramway operator at that area is registered under	91596
section 4169.03 of the Revised Code.	91597

(J) Permit D-6 shall be issued to the holder of ~~a D-5j~~any	91598
permit that is described in division (A) of this section for a	91599
permit premises that is located in a community entertainment	91600
district, as defined in section 4301.80 of the Revised Code, that	91601
was approved by the legislative authority of a municipal	91602
corporation under that section between October 1 and October 15,	91603
2005, to allow sale under the permit between the hours of ten a.m.	91604
and midnight on Sunday, whether or not that sale has been	91605
authorized under section 4301.361, 4301.364, 4301.365, or 4301.366	91606
of the Revised Code.	91607

(K) If the restriction to licensed premises where the sale of	91608
food and other goods and services exceeds fifty per cent of the	91609
total gross receipts of the permit holder at the premises is	91610
applicable, the division of liquor control may accept an affidavit	91611
from the permit holder to show the proportion of the permit	91612
holder's gross receipts derived from the sale of food and other	91613
goods and services. If the liquor control commission determines	91614
that affidavit to have been false, it shall revoke the permits of	91615
the permit holder at the premises concerned.	91616

(L) The fee for the D-6 permit is five hundred dollars when	91617
it is issued to the holder of an A-1-A, A-2, A-3a, D-2, D-3, D-3a,	91618
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h,	91619
D-5i, D-5j, D-5k, D-5l, D-5m, or D-7 permit. The fee for the D-6	91620
permit is four hundred dollars when it is issued to the holder	91621
of a C-2 permit.	91622

Sec. 4303.331. No permit holder shall purchase and import	91623
into this state any beer from any manufacturer, bottler, importer,	91624
wholesale dealer, or broker outside this state and within the	91625
United States unless and until such manufacturer, bottler,	91626
importer, wholesale dealer, or broker registers with the tax	91627
commissioner and supplies such information as the commissioner may	91628
require.	91629

The commissioner may, by rule, require any registrant to file	91630
with the commissioner a bond payable to the state in such form and	91631
amount as the commissioner prescribes with surety to the	91632
satisfaction of the tax commissioner conditioned upon the making	91633
of the report to be made to the tax commissioner and the payment	91634
to the tax commissioner of taxes levied by sections 4301.42 and	91635
4305.01 of the Revised Code, all as provided in section 4303.33 of	91636
the Revised Code.	91637

Any such manufacturer, bottler, importer, wholesale dealer,	91638
or broker shall, as a part of such registration, make the	91639
secretary of state its agent for the service of process or notice	91640
of any assessment, action, or proceedings instituted in the state	91641
against such person under sections 4303.33, 4301.42, and 4305.01	91642
of the Revised Code.	91643

Such process or notice shall be served~~, by the officer to~~	91644
~~whom it is directed or by the tax commissioner, or by the sheriff~~	91645
~~of Franklin county, who may be deputized for such purpose by the~~	91646
~~officer to whom the service is directed, upon the secretary of~~	91647
~~state by leaving at the office of the secretary of state, at least~~	91648
~~fifteen days before the return day of such process or notice, a~~	91649
~~true and attested copy thereof, and by sending to the defendant by~~	91650
~~certified mail, postage prepaid, a like and true attested copy,~~	91651
~~with an endorsement thereon of the service upon the secretary of~~	91652
~~state, addressed to such defendant at the address listed in the~~	91653
~~registration or at the defendant's last known address~~in	91654
accordance with section 5703.37 of the Revised Code.	91655

Any B-1 permit holder who purchases beer from any	91656
manufacturer, bottler, importer, wholesale dealer, or broker	91657
outside this state and within the United States who has not	91658
registered with the tax commissioner and filed a bond as provided	91659
in this section shall be liable for any tax due on any beer	91660
purchased from such unregistered manufacturer, bottler, importer,	91661
wholesale dealer, or broker and shall be subject to any penalties	91662
provided in Chapters 4301., 4303., 4305., and 4307. of the Revised	91663
Code.	91664

Any B-1 permit holder who purchases beer from any	91665
manufacturer, bottler, importer, wholesale dealer, or broker	91666
outside this state and within the United States who has complied	91667
with this section shall not be liable for any tax due to the state	91668
on any beer purchased from any such manufacturer, bottler,	91669
importer, wholesale dealer, or broker.	91670

All money collected by the tax commissioner under this	91671
section shall be paid to the treasurer of state as revenue arising	91672
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and	91673
4305.01 of the Revised Code.	91674

Sec. 4501.06. The taxes, fees, and fines levied, charged, or	91675
referred to in division (O) of section 4503.04, division (E) of	91676
section 4503.042, division (B) of section 4503.07, division	91677
(C)(1) of section 4503.10, division (D) of section 4503.182,	91678
division (A) of section 4503.19, division (D)(2) of section	91679
4507.24, division (A) of section 4508.06, and sections 4503.40,	91680
4503.42, 4505.11, 4505.111, 4506.08, 4506.09, 4507.23, 4508.05,	91681
4923.12, and 5502.12 of the Revised Code, and the taxes charged	91682
in section 4503.65 that are distributed in accordance with	91683
division (A)(2) of section 4501.044 of the Revised Code unless	91684
otherwise designated by law, shall be deposited in the state	91685
treasury to the credit of the state highway safety fund, which	91686
is hereby created, and shall, after receipt of certifications	91687
from the commissioners of the sinking fund certifying, as	91688
required by sections 5528.15 and 5528.35 of the Revised Code,	91689
that there are sufficient moneys to the credit of the highway	91690
improvement bond retirement fund created by section 5528.12 of	91691
the Revised Code to meet in full all payments of interest,	91692
principal, and charges for the retirement of bonds and other	91693
obligations issued pursuant to Section 2g of Article VIII, Ohio	91694
Constitution, and sections 5528.10 and 5528.11 of the Revised	91695
Code due and payable during the current calendar year, and that	91696
there are sufficient moneys to the credit of the highway	91697
obligations bond retirement fund created by section 5528.32 of	91698
the Revised Code to meet in full all payments of interest,	91699
principal, and charges for the retirement of highway obligations	91700
issued pursuant to Section 2i of Article VIII, Ohio	91701
Constitution, and sections 5528.30 and 5528.31 of the Revised	91702
Code due and payable during the current calendar year, be used	91703
for the purpose of enforcing and paying the expenses of	91704
administering the law relative to the registration and operation	91705
of motor vehicles on the public roads or highways. Amounts	91706
credited to the fund may also be used to pay the expenses of	91707
administering and enforcing the laws under which such fees were	91708
collected. All investment earnings of the state highway safety	91709
fund shall be credited to the fund.	91710

Sec. 4501.24. There is hereby created in the state treasury	91711
the scenic rivers protection fund. The fund shall consist of the	91712
contributions not to exceed forty dollars that are paid to the	91713
registrar of motor vehicles by applicants who voluntarily choose	91714
to obtain scenic rivers license plates pursuant to section 4503.56	91715
of the Revised Code.	91716

The contributions deposited in the fund shall be used by the	91717
department of natural resources to help finance wild, scenic, and	91718
recreational river areas conservation, education, ~~scenic river~~	91719
corridor protection ~~and~~, restoration, ~~scenic river~~and habitat	91720
enhancement, and clean-up projects along ~~scenic~~ rivers in those	91721
areas. The chief of the division of watercraft in the department	91722
may expend money in the fund for the acquisition of wild, scenic,	91723
and recreational river areas, for the maintenance, protection, and	91724
administration of such areas, and for construction of facilities	91725
within those areas. All investment earnings of the fund shall be	91726
credited to the fund.	91727

As used in this section, "wild river areas," "scenic river	91728
areas," and "recreational river areas" have the same meanings as	91729
in section 1547.01 of the Revised Code.	91730

Sec. 4501.243. There is hereby created in the state	91731
treasury the Ohio nature preserves fund. The fund shall consist	91732
of the contributions that are paid to the registrar of motor	91733
vehicles by applicants who obtain Ohio nature preserves license	91734
plates pursuant to section 4503.563 of the Revised Code. All	91735
investment earnings of the fund shall be credited to the fund.	91736

The department of natural resources shall use the money in	91737
the fund to help finance nature preserve education, nature	91738
preserve clean-up projects, and nature preserve maintenance,	91739
protection, and restoration.	91740

Sec. 4501.271. (A)(1) A peace officer, correctional	91741
employee, or youth services employee may file a written request	91742
with the bureau of motor vehicles to do either or both of the	91743
following:	91744

(a) Prohibit disclosure of the officer's or employee's	91745
residence address as contained in motor vehicle records of the	91746
bureau;	91747

(b) Provide a business address to be displayed on the	91748
officer's or employee's driver's license or certificate of	91749
registration, or both.	91750

(2) The officer or employee shall file the request described	91751
in division (A)(1) of this section on a form provided by the	91752
registrar of motor vehicles and shall provide any documentary	91753
evidence verifying the person's status as a peace officer,	91754
correctional employee, or youth services employee and the	91755
officer's or employee's business address that the registrar	91756
requires pursuant to division (G) of this section.	91757

(B)(1) Except as provided in division (C) of this section, if	91758
a peace officer, correctional employee, or youth services employee	91759
has filed a request under division (A) of this section, neither	91760
the registrar nor an employee or contractor of the bureau of motor	91761
vehicles shall knowingly disclose the residence address of the	91762
officer or employee that the bureau obtained in connection with a	91763
motor vehicle record.	91764

(2) In accordance with section 149.43 of the Revised Code,	91765
the registrar or an employee or contractor of the bureau shall	91766
make available for inspection or copying a motor vehicle record of	91767
a peace officer, correctional employee, or youth services employee	91768
who has filed a request under division (A) of this section if the	91769
record is a public record under that section, but shall obliterate	91770
the residence address of the officer or employee from the record	91771
before making the record available for inspection or copying. The	91772
business address of the officer or employee may be made available	91773
in response to a valid request under section 149.43 of the Revised	91774
Code.	91775

(C) Notwithstanding division (B)(2) of section 4501.27 of the	91776
Revised Code, the registrar or an employee or contractor of the	91777
bureau may disclose the residence address of a peace officer,	91778
correctional employee, or youth services employee who files a	91779
request under division (A) of this section only in accordance with	91780
division (B)(1) of section 4501.27 of the Revised Code or pursuant	91781
to a court order.	91782

(D) If a peace officer, correctional employee, or youth	91783
services employee files a request under division (A)(1)(b) of this	91784
section, the officer shall still provide a residence address in	91785
any application for a driver's license or license renewal and in	91786
any application for a motor vehicle registration or registration	91787
renewal. In accordance with sections 4503.101 and 4507.09 of the	91788
Revised Code, an officer or employee shall notify the registrar of	91789
any change in the officer's or employee's residence within ten	91790
days after the change occurs.	91791

(E) A certificate of registration issued to a peace officer,	91792
correctional employee, or youth services employee who files a	91793
request under division (A)(1)(b) of this section shall display the	91794
business address of the officer. Notwithstanding section 4507.13	91795
of the Revised Code, a driver's license issued to an officer or	91796
employee who files a request under division (A)(1)(b) of this	91797
section shall display the business address of the officer or	91798
employee.	91799

(F) The registrar may utilize the residence address of a	91800
peace officer, correctional employee, or youth services employee	91801
who files a request under division (A)(1)(b) of this section in	91802
carrying out the functions of the bureau of motor vehicles,	91803
including determining the district of registration for any	91804
applicable motor vehicle tax levied under Chapter 4504. of the	91805
Revised Code, determining whether tailpipe emissions inspections	91806
are required, and financial responsibility verification.	91807

(G) The registrar shall adopt rules governing a request for	91808
confidentiality of a peace officer's, correctional employee's, or	91809
youth services employee's residence address or use of a business	91810
address, including the documentary evidence required to verify the	91811
person's status as a peace officer, correctional employee, or	91812
youth services employee, the length of time that the request will	91813
be valid, procedures for ensuring that the bureau of motor	91814
vehicles receives notice of any change in a person's status as a	91815
peace officer, correctional employee, or youth services employee,	91816
and any other procedures the registrar considers necessary. The	91817
rules of the registrar may require an officer or employee to	91818
surrender any certificate of registration and any driver's license	91819
bearing the business address of the officer or employee and, upon	91820
payment of any applicable fees, to receive a certificate of	91821
registration and license bearing the officer's or employee's	91822
residence address, whenever the officer or employee no longer is	91823
associated with that business address.	91824

(H) As used in this section:

91825

(1) "Motor vehicle record" has the same meaning as in section	91826
4501.27 of the Revised Code.	91827

(2) "Peace officer" means those persons described in division	91828
(A)(1), (2), (4), (5), (6), (9), (10), (12), or (13), or (15) of	91829
section 109.71 of the Revised Code, an officer, agent, or employee	91830
of the state or any of its agencies, instrumentalities, or	91831
political subdivisions, upon whom, by statute, a duty to conserve	91832
the peace or to enforce all or certain laws is imposed and the	91833
authority to arrest violators is conferred, within the limits of	91834
that statutory duty and authority, an investigator of the bureau	91835
of criminal identification and investigation as defined in section	91836
2903.11 of the Revised Code, the house sergeant at arms appointed	91837
under division (B)(1) of section 101.311 of the Revised Code, and	91838
any assistant sergeant at arms appointed under division (C)(1) of	91839
section 101.311 of the Revised Code. "Peace officer" includes	91840
state highway patrol troopers but does not include the sheriff of	91841
a county or a supervisory employee who, in the absence of the	91842
sheriff, is authorized to stand in for, exercise the authority of,	91843
and perform the duties of the sheriff.	91844

(3) "Correctional employee" and "youth services employee"	91845
have the same meanings as in section 149.43 of the Revised Code.	91846

Sec. 4501.29. The department of administrative services shall	91847
collect user fees from participants in the multi-agency radio	91848
communications system (MARCS). The director of administrative	91849
services, with the advice of the MARCS steering committee and the	91850
consent of the director of budget and management, shall determine	91851
the amount of the user fees and the manner by which the fees shall	91852
be collected. All moneys from user fees shall be deposited in the	91853
MARCS administration fund, which is hereby created in the state	91854
treasury. All investment earnings on moneys in the fund shall be	91855
credited to the fund.	91856

Sec. 4503.068. On or before the second Monday in September	91857
of each year, the county treasurer shall total the amount by which	91858
the manufactured home taxes levied in that year were reduced	91859
pursuant to section 4503.065 of the Revised Code, and certify	91860
that amount to the tax commissioner. Within ninety days of the	91861
receipt of the certification, the commissioner shall ~~certify that~~	91862
~~amount to the director of budget and management and the director~~	91863
~~shall make two payments from the general revenue fund in favor of~~	91864
~~the county treasurer. One shall be in the full amount by which~~	91865
~~taxes were reduced. The other shall be in an amount equal to two~~	91866
~~per cent of such amount and shall be a payment~~provide for	91867
payment to the county treasurer, from the general revenue fund,	91868
of the amount certified, which shall be credited upon receipt to	91869
the county's undivided income tax fund, and an amount equal to	91870
two per cent of the amount by which taxes were reduced, which	91871
shall be credited upon receipt to the county general fund as a	91872
payment, in addition to the fees and charges authorized by	91873
sections 319.54 and 321.26 of the Revised Code, to the county	91874
auditor and county treasurer for the costs of administering	91875
sections 4503.064 to 4503.069 of the Revised Code.	91876

Immediately upon receipt of ~~the payment in the full amount by~~	91877
~~which taxes were reduced, the full amount of the payment shall be~~	91878
~~distributed~~funds into the county undivided income tax fund under	91879
this section, the county auditor shall distribute the full amount	91880
thereof among the taxing districts in the county as though it had	91881
been received as taxes under section 4503.06 of the Revised Code	91882
from each person for whom taxes were reduced under section	91883
4503.065 of the Revised Code.	91884

Sec. 4503.10. (A) The owner of every snowmobile, off-highway	91885
motorcycle, and all-purpose vehicle required to be registered	91886
under section 4519.02 of the Revised Code shall file an	91887
application for registration under section 4519.03 of the Revised	91888
Code. The owner of a motor vehicle, other than a snowmobile,	91889
off-highway motorcycle, or all-purpose vehicle, that is not	91890
designed and constructed by the manufacturer for operation on a	91891
street or highway may not register it under this chapter except	91892
upon certification of inspection pursuant to section 4513.02 of	91893
the Revised Code by the sheriff, or the chief of police of the	91894
municipal corporation or township, with jurisdiction over the	91895
political subdivision in which the owner of the motor vehicle	91896
resides. Except as provided in section 4503.103 of the Revised	91897
Code, every owner of every other motor vehicle not previously	91898
described in this section and every person mentioned as owner in	91899
the last certificate of title of a motor vehicle that is operated	91900
or driven upon the public roads or highways shall cause to be	91901
filed each year, by mail or otherwise, in the office of the	91902
registrar of motor vehicles or a deputy registrar, a written or	91903
electronic application or a preprinted registration renewal	91904
notice issued under section 4503.102 of the Revised Code, the	91905
form of which shall be prescribed by the registrar, for	91906
registration for the following registration year, which shall	91907
begin on the first day of January of every calendar year and end	91908
on the thirty-first day of December in the same year.	91909
Applications for registration and registration renewal notices	91910
shall be filed at the times established by the registrar pursuant	91911
to section 4503.101 of the Revised Code. A motor vehicle owner	91912
also may elect to apply for or renew a motor vehicle	91913
registration by electronic means using electronic signature in	91914
accordance with rules adopted by the registrar. Except as	91915
provided in division (J) of this section, applications for	91916
registration shall be made on blanks furnished by the registrar	91917
for that purpose, containing the following information:	91918

(1) A brief description of the motor vehicle to be	91919
registered, including the year, make, model, and vehicle	91920
identification number, and, in the case of commercial cars, the	91921
gross weight of the vehicle fully equipped computed in the manner	91922
prescribed in section 4503.08 of the Revised Code;	91923

(2) The name and residence address of the owner, and the	91924
township and municipal corporation in which the owner resides;	91925

(3) The district of registration, which shall be determined	91926
as follows:	91927

(a) In case the motor vehicle to be registered is used for	91928
hire or principally in connection with any established business or	91929
branch business, conducted at a particular place, the district of	91930
registration is the municipal corporation in which that place is	91931
located or, if not located in any municipal corporation, the	91932
county and township in which that place is located.	91933

(b) In case the vehicle is not so used, the district of	91934
registration is the municipal corporation or county in which the	91935
owner resides at the time of making the application.	91936

(4) Whether the motor vehicle is a new or used motor vehicle;

91937

(5) The date of purchase of the motor vehicle;

91938

(6) Whether the fees required to be paid for the registration	91939
or transfer of the motor vehicle, during the preceding	91940
registration year and during the preceding period of the current	91941
registration year, have been paid. Each application for	91942
registration shall be signed by the owner, either manually or by	91943
electronic signature, or pursuant to obtaining a limited power of	91944
attorney authorized by the registrar for registration, or other	91945
document authorizing such signature. If the owner elects to apply	91946
for or renew the motor vehicle registration with the registrar by	91947
electronic means, the owner's manual signature is not required.	91948

(7) The owner's social security number, driver's license	91949
number, or state identification number, or, where a motor vehicle	91950
to be registered is used for hire or principally in connection	91951
with any established business, the owner's federal taxpayer	91952
identification number. The bureau of motor vehicles shall retain	91953
in its records all social security numbers provided under this	91954
section, but the bureau shall not place social security numbers on	91955
motor vehicle certificates of registration.	91956

(B) Except as otherwise provided in this division, each time	91957
an applicant first registers a motor vehicle in the applicant's	91958
name, the applicant shall present for inspection a physical	91959
certificate of title or memorandum certificate showing title to	91960
the motor vehicle to be registered in the name of the applicant if	91961
a physical certificate of title or memorandum certificate has	91962
been issued by a clerk of a court of common pleas. If, under	91963
sections 4505.021, 4505.06, and 4505.08 of the Revised Code, a	91964
clerk instead has issued an electronic certificate of title for	91965
the applicant's motor vehicle, that certificate may be presented	91966
for inspection at the time of first registration in a manner	91967
prescribed by rules adopted by the registrar. An applicant is not	91968
required to present a certificate of title to an electronic motor	91969
vehicle dealer acting as a limited authority deputy registrar in	91970
accordance with rules adopted by the registrar. When a motor	91971
vehicle inspection and maintenance program is in effect under	91972
section 3704.14 of the Revised Code and rules adopted under it,	91973
each application for registration for a vehicle required to be	91974
inspected under that section and those rules shall be accompanied	91975
by an inspection certificate for the motor vehicle issued in	91976
accordance with that section. The application shall be refused if	91977
any of the following applies:	91978

(1) The application is not in proper form.

91979

(2) The application is prohibited from being accepted by	91980
division (D) of section 2935.27, division (A) of section 2937.221,	91981
division (A) of section 4503.13, division (B) of section 4510.22,	91982
or division (B)(1) of section 4521.10 of the Revised Code.	91983

(3) A certificate of title or memorandum certificate of title	91984
is required but does not accompany the application or, in the case	91985
of an electronic certificate of title, is required but is not	91986
presented in a manner prescribed by the registrar's rules.	91987

(4) All registration and transfer fees for the motor vehicle,	91988
for the preceding year or the preceding period of the current	91989
registration year, have not been paid.	91990

(5) The owner or lessee does not have an inspection	91991
certificate for the motor vehicle as provided in section 3704.14	91992
of the Revised Code, and rules adopted under it, if that section	91993
is applicable.	91994

This section does not require the payment of license or	91995
registration taxes on a motor vehicle for any preceding year, or	91996
for any preceding period of a year, if the motor vehicle was not	91997
taxable for that preceding year or period under sections 4503.02,	91998
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	91999
Revised Code. When a certificate of registration is issued upon	92000
the first registration of a motor vehicle by or on behalf of the	92001
owner, the official issuing the certificate shall indicate the	92002
issuance with a stamp on the certificate of title or memorandum	92003
certificate or, in the case of an electronic certificate of title,	92004
an electronic stamp or other notation as specified in rules	92005
adopted by the registrar, and with a stamp on the inspection	92006
certificate for the motor vehicle, if any. The official also shall	92007
indicate, by a stamp or by other means the registrar prescribes,	92008
on the registration certificate issued upon the first registration	92009
of a motor vehicle by or on behalf of the owner the odometer	92010
reading of the motor vehicle as shown in the odometer statement	92011
included in or attached to the certificate of title. Upon each	92012
subsequent registration of the motor vehicle by or on behalf of	92013
the same owner, the official also shall so indicate the odometer	92014
reading of the motor vehicle as shown on the immediately preceding	92015
certificate of registration.	92016

The registrar shall include in the permanent registration	92017
record of any vehicle required to be inspected under section	92018
3704.14 of the Revised Code the inspection certificate number from	92019
the inspection certificate that is presented at the time of	92020
registration of the vehicle as required under this division.	92021

(C)(1) Except as otherwise provided in division (C)(1) of	92022
this section, for each registration renewal with an expiration	92023
date on or after October 1, 2003, and for each initial	92024
application for registration received on and after that date,	92025
the registrar and each deputy registrar shall collect an	92026
additional fee of eleven dollars for each application for	92027
registration and registration renewal received. For vehicles	92028
specified in divisions (A)(1) to (21) of section 4503.042 of the	92029
Revised Code, commencing with each registration renewal with an	92030
expiration date on or after October 1, 2009, and for each	92031
initial application received on or after that date, the registrar	92032
and deputy registrar shall collect an additional fee of thirty	92033
dollars for each application for registration and registration	92034
renewal received. The additional fee is for the purpose of	92035
defraying the department of public safety's costs associated with	92036
the administration and enforcement of the motor vehicle and	92037
traffic laws of Ohio. Each deputy registrar shall transmit the	92038
fees collected under division (C)(1) of this section in the time	92039
and manner provided in this section. The registrar shall deposit	92040
all moneys received under division (C)(1) of this section into	92041
the state highway safety fund established in section 4501.06 of	92042
the Revised Code.	92043

(2) In addition, a charge of twenty-five cents shall be made	92044
for each reflectorized safety license plate issued, and a single	92045
charge of twenty-five cents shall be made for each county	92046
identification sticker or each set of county identification	92047
stickers issued, as the case may be, to cover the cost of	92048
producing the license plates and stickers, including material,	92049
manufacturing, and administrative costs. Those fees shall be in	92050
addition to the license tax. If the total cost of producing the	92051
plates is less than twenty-five cents per plate, or if the total	92052
cost of producing the stickers is less than twenty-five cents per	92053
sticker or per set issued, any excess moneys accruing from the	92054
fees shall be distributed in the same manner as provided by	92055
section 4501.04 of the Revised Code for the distribution of	92056
license tax moneys. If the total cost of producing the plates	92057
exceeds twenty-five cents per plate, or if the total cost of	92058
producing the stickers exceeds twenty-five cents per sticker or	92059
per set issued, the difference shall be paid from the license tax	92060
moneys collected pursuant to section 4503.02 of the Revised Code.	92061

(D) Each deputy registrar shall be allowed a fee of three	92062
dollars and fifty cents for each application for registration and	92063
registration renewal notice the deputy registrar receives, which	92064
shall be for the purpose of compensating the deputy registrar for	92065
the deputy registrar's services, and such office and rental	92066
expenses, as may be necessary for the proper discharge of the	92067
deputy registrar's duties in the receiving of applications and	92068
renewal notices and the issuing of registrations.	92069

(E) Upon the certification of the registrar, the county	92070
sheriff or local police officials shall recover license plates	92071
erroneously or fraudulently issued.	92072

(F) Each deputy registrar, upon receipt of any application	92073
for registration or registration renewal notice, together with the	92074
license fee and any local motor vehicle license tax levied	92075
pursuant to Chapter 4504. of the Revised Code, shall transmit that	92076
fee and tax, if any, in the manner provided in this section,	92077
together with the original and duplicate copy of the application,	92078
to the registrar. The registrar, subject to the approval of the	92079
director of public safety, may deposit the funds collected by	92080
those deputies in a local bank or depository to the credit of the	92081
"state of Ohio, bureau of motor vehicles." Where a local bank or	92082
depository has been designated by the registrar, each deputy	92083
registrar shall deposit all moneys collected by the deputy	92084
registrar into that bank or depository not more than one business	92085
day after their collection and shall make reports to the	92086
registrar of the amounts so deposited, together with any other	92087
information, some of which may be prescribed by the treasurer of	92088
state, as the registrar may require and as prescribed by the	92089
registrar by rule. The registrar, within three days after receipt	92090
of notification of the deposit of funds by a deputy registrar in a	92091
local bank or depository, shall draw on that account in favor of	92092
the treasurer of state. The registrar, subject to the approval of	92093
the director and the treasurer of state, may make reasonable rules	92094
necessary for the prompt transmittal of fees and for safeguarding	92095
the interests of the state and of counties, townships, municipal	92096
corporations, and transportation improvement districts levying	92097
local motor vehicle license taxes. The registrar may pay service	92098
charges usually collected by banks and depositories for such	92099
service. If deputy registrars are located in communities where	92100
banking facilities are not available, they shall transmit the fees	92101
forthwith, by money order or otherwise, as the registrar, by rule	92102
approved by the director and the treasurer of state, may	92103
prescribe. The registrar may pay the usual and customary fees for	92104
such service.	92105

(G) This section does not prevent any person from making an	92106
application for a motor vehicle license directly to the registrar	92107
by mail, by electronic means, or in person at any of the	92108
registrar's offices, upon payment of a service fee of three	92109
dollars and fifty cents for each application.	92110

(H) No person shall make a false statement as to the district	92111
of registration in an application required by division (A) of this	92112
section. Violation of this division is falsification under section	92113
2921.13 of the Revised Code and punishable as specified in that	92114
section.	92115

(I)(1) Where applicable, the requirements of division (B) of	92116
this section relating to the presentation of an inspection	92117
certificate issued under section 3704.14 of the Revised Code and	92118
rules adopted under it for a motor vehicle, the refusal of a	92119
license for failure to present an inspection certificate, and the	92120
stamping of the inspection certificate by the official issuing the	92121
certificate of registration apply to the registration of and	92122
issuance of license plates for a motor vehicle under sections	92123
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	92124
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	92125
4503.47, and 4503.51 of the Revised Code.	92126

(2)(a) The registrar shall adopt rules ensuring that each	92127
owner registering a motor vehicle in a county where a motor	92128
vehicle inspection and maintenance program is in effect under	92129
section 3704.14 of the Revised Code and rules adopted under it	92130
receives information about the requirements established in that	92131
section and those rules and about the need in those counties to	92132
present an inspection certificate with an application for	92133
registration or preregistration.	92134

(b) Upon request, the registrar shall provide the director of	92135
environmental protection, or any person that has been awarded a	92136
contract under ~~division (D) of~~ section 3704.14 of the Revised	92137
Code, an on-line computer data link to registration information	92138
for all passenger cars, noncommercial motor vehicles, and	92139
commercial cars that are subject to that section. The registrar	92140
also shall provide to the director of environmental protection a	92141
magnetic data tape containing registration information regarding	92142
passenger cars, noncommercial motor vehicles, and commercial cars	92143
for which a multi-year registration is in effect under section	92144
4503.103 of the Revised Code or rules adopted under it, including,	92145
without limitation, the date of issuance of the multi-year	92146
registration, the registration deadline established under rules	92147
adopted under section 4503.101 of the Revised Code that was	92148
applicable in the year in which the multi-year registration was	92149
issued, and the registration deadline for renewal of the	92150
multi-year registration.	92151

(J) ~~Application~~Subject to division (K) of this section,	92152
application for registration under the international registration	92153
plan, as set forth in sections 4503.60 to 4503.66 of the Revised	92154
Code, shall be made to the registrar on forms furnished by the	92155
registrar. In accordance with international registration plan	92156
guidelines and pursuant to rules adopted by the registrar, the	92157
forms shall include the following:	92158

(1) A uniform mileage schedule;

92159

(2) The gross vehicle weight of the vehicle or combined gross	92160
vehicle weight of the combination vehicle as declared by the	92161
registrant;	92162

(3) Any other information the registrar requires by rule.

92163

(K) The registrar shall determine the feasibility of	92164
implementing an electronic commercial fleet licensing and	92165
management program that will enable the owners of commercial	92166
tractors, commercial trailers, and commercial semitrailers to	92167
conduct electronic transactions by July 1, 2010, or sooner. If	92168
the registrar determines that implementing such a program is	92169
feasible, the registrar shall adopt new rules under this division	92170
or amend existing rules adopted under this division as necessary	92171
in order to respond to advances in technology.	92172

If international registration plan guidelines and provisions	92173
allow member jurisdictions to permit applications for	92174
registrations under the international registration plan to be made	92175
via the internet, the rules the registrar adopts under this	92176
division shall permit such action.	92177

Sec. 4503.103. (A)(1)(a)(i) The registrar of motor vehicles	92178
may adopt rules to permit any person or lessee, other than a	92179
person receiving an apportioned license plate under the	92180
international registration plan, who owns or leases one or more	92181
motor vehicles to file a written application for registration for	92182
no more than five succeeding registration years. The rules adopted	92183
by the registrar may designate the classes of motor vehicles that	92184
are eligible for such registration. At the time of application,	92185
all annual taxes and fees shall be paid for each year for which	92186
the person is registering.	92187

(ii) Not later than October 1, 2009, the registrar shall	92188
adopt rules to permit any person or lessee who owns or leases ~~two~~	92189
~~or more trailers~~a trailer or ~~semitrailers~~semitrailer that ~~are~~is	92190
subject to the tax rates prescribed in section 4503.042 of the	92191
Revised Code for such trailers or semitrailers to file a written	92192
application for registration for not more than five succeeding	92193
registration years. At the time of application, all annual taxes	92194
and fees shall be paid for each year for which the person is	92195
registering. A person who registers a vehicle under division	92196
(A)(1)(a)(ii) of this section shall pay for each year of	92197
registration the additional fee established under division (C)(1)	92198
of section 4503.10 of the Revised Code. The person also shall pay	92199
one single deputy registrar service fee in the amount specified in	92200
division (D) of section 4503.10 of the Revised Code or one single	92201
bureau of motor vehicles service fee in the amount specified in	92202
division (G) of that section, as applicable, regardless of the	92203
number of years for which the person is registering.	92204

(b)(i) Except as provided in division (A)(1)(b)(ii) of this	92205
section, the registrar shall adopt rules to permit any person who	92206
owns a motor vehicle to file an application for registration for	92207
the next two succeeding registration years. At the time of	92208
application, the person shall pay the annual taxes and fees for	92209
each registration year, calculated in accordance with division (C)	92210
of section 4503.11 of the Revised Code. A person who is	92211
registering a vehicle under division (A)(1)(b) of this section	92212
shall pay for each year of registration the additional fee	92213
established under division (C)(1) of section 4503.10 of the	92214
Revised Code. The person shall also pay one and one-half times the	92215
amount of the deputy registrar service fee specified in division	92216
(D) of section 4503.10 of the Revised Code or the bureau of motor	92217
vehicles service fee specified in division (G) of that section,	92218
as applicable.	92219

(ii) Division (A)(1)(b)(i) of this section does not apply to	92220
a person receiving an apportioned license plate under the	92221
international registration plan, or the owner of a commercial car	92222
used solely in intrastate commerce, or the owner of a bus as	92223
defined in section 4513.50 of the Revised Code.	92224

(2) No person applying for a multi-year registration under	92225
division (A)(1) of this section is entitled to a refund of any	92226
taxes or fees paid.	92227

(3) The registrar shall not issue to any applicant who has	92228
been issued a final, nonappealable order under division (B) of	92229
this section a multi-year registration or renewal thereof under	92230
this division or rules adopted under it for any motor vehicle that	92231
is required to be inspected under section 3704.14 of the Revised	92232
Code the district of registration of which, as determined under	92233
section 4503.10 of the Revised Code, is or is located in the	92234
county named in the order.	92235

(B) Upon receipt from the director of environmental	92236
protection of a notice issued under rules adopted under section	92237
3704.14 of the Revised Code indicating that an owner of a motor	92238
vehicle that is required to be inspected under that section who	92239
obtained a multi-year registration for the vehicle under division	92240
(A) of this section or rules adopted under that division has not	92241
obtained a required inspection certificate for the vehicle, the	92242
registrar in accordance with Chapter 119. of the Revised Code	92243
shall issue an order to the owner impounding the certificate of	92244
registration and identification license plates for the vehicle.	92245
The order also shall prohibit the owner from obtaining or renewing	92246
a multi-year registration for any vehicle that is required to be	92247
inspected under that section, the district of registration of	92248
which is or is located in the same county as the county named in	92249
the order during the number of years after expiration of the	92250
current multi-year registration that equals the number of years	92251
for which the current multi-year registration was issued.	92252

An order issued under this division shall require the owner	92253
to surrender to the registrar the certificate of registration and	92254
license plates for the vehicle named in the order within five days	92255
after its issuance. If the owner fails to do so within that time,	92256
the registrar shall certify that fact to the county sheriff or	92257
local police officials who shall recover the certificate of	92258
registration and license plates for the vehicle.	92259

(C) Upon the occurrence of either of the following	92260
circumstances, the registrar in accordance with Chapter 119. of	92261
the Revised Code shall issue to the owner a modified order	92262
rescinding the provisions of the order issued under division (B)	92263
of this section impounding the certificate of registration and	92264
license plates for the vehicle named in that original order:	92265

(1) Receipt from the director of environmental protection of	92266
a subsequent notice under rules adopted under section 3704.14 of	92267
the Revised Code that the owner has obtained the inspection	92268
certificate for the vehicle as required under those rules;	92269

(2) Presentation to the registrar by the owner of the	92270
required inspection certificate for the vehicle.	92271

(D) The owner of a motor vehicle for which the certificate of	92272
registration and license plates have been impounded pursuant to an	92273
order issued under division (B) of this section, upon issuance of	92274
a modified order under division (C) of this section, may apply to	92275
the registrar for their return. A fee of two dollars and fifty	92276
cents shall be charged for the return of the certificate of	92277
registration and license plates for each vehicle named in the	92278
application.	92279

Sec. 4503.182. (A) A purchaser of a motor vehicle, upon	92280
application and proof of purchase of the vehicle, may be issued a	92281
temporary license placard or windshield sticker for the motor	92282
vehicle.	92283

The purchaser of a vehicle applying for a temporary license	92284
placard or windshield sticker under this section shall execute an	92285
affidavit stating that the purchaser has not been issued	92286
previously during the current registration year a license plate	92287
that could legally be transferred to the vehicle.	92288

Placards or windshield stickers shall be issued only for the	92289
applicant's use of the vehicle to enable the applicant to legally	92290
operate the motor vehicle while proper title, license plates, and	92291
a certificate of registration are being obtained, and shall be	92292
displayed on no other motor vehicle.	92293

Placards or windshield stickers issued under this section are	92294
valid for a period of thirty days from date of issuance and are	92295
not transferable or renewable.	92296

The fee for the placards or windshield stickers issued under	92297
this section is two dollars plus a service fee of three dollars	92298
and fifty cents.	92299

(B)(1) The registrar of motor vehicles may issue to a	92300
motorized bicycle dealer or a licensed motor vehicle dealer	92301
temporary license placards to be issued to purchasers for use on	92302
vehicles sold by the dealer, in accordance with rules prescribed	92303
by the registrar. The dealer shall notify the registrar, within	92304
forty-eight hours, of the issuance of a placard by electronic	92305
means via computer equipment purchased and maintained by the	92306
dealer or in any other manner prescribed by the registrar.	92307

(2) The fee for each placard issued by the registrar to a	92308
dealer is ~~fifteen~~two dollars~~, of which thirteen dollars shall~~	92309
~~be deposited and used in accordance with division (D) of this~~	92310
~~section~~. The registrar shall charge an additional three dollars	92311
and fifty cents for each placard issued to a dealer who notifies	92312
the registrar of the issuance of the placards in a manner other	92313
than by approved electronic means.	92314

(3) When a dealer issues a temporary license placard to a	92315
purchaser, the dealer shall collect and retain the fees	92316
established under divisions (A) and (D) of this section.	92317

(C) The registrar of motor vehicles, at the registrar's	92318
discretion, may issue a temporary license placard. Such a placard	92319
may be issued in the case of extreme hardship encountered by a	92320
citizen from this state or another state who has attempted to	92321
comply with all registration laws, but for extreme circumstances	92322
is unable to properly register the citizen's vehicle.	92323

(D) In addition to the fees charged under divisions (A) and	92324
(B) of this section, commencing on October 1, 2003, the registrar	92325
and each deputy registrar shall collect a fee of five dollars and	92326
commencing on October 1, 2009, a fee of thirteen dollars, for each	92327
temporary license placard issued. The additional fee is for the	92328
purpose of defraying the department of public safety's costs	92329
associated with the administration and enforcement of the motor	92330
vehicle and traffic laws of Ohio. ~~Each~~At the time and in the	92331
manner provided by section 4503.10 of the Revised Code, the deputy	92332
registrar shall transmit to the registrar the fees collected	92333
under this ~~division in the same manner as provided for~~	92334
~~transmission of fees collected under division (A) of this~~	92335
section. The registrar shall deposit all moneys received under	92336
this division into the state highway safety fund established in	92337
section 4501.06 of the Revised Code.	92338

(E) The registrar shall adopt rules, in accordance with	92339
division (B) of section 111.15 of the Revised Code, to specify the	92340
procedures for reporting the information from applications for	92341
temporary license placards and windshield stickers and for	92342
providing the information from these applications to law	92343
enforcement agencies.	92344

(F) Temporary license placards issued under this section	92345
shall bear a distinctive combination of seven letters, numerals,	92346
or letters and numerals, and shall incorporate a security feature	92347
that, to the greatest degree possible, prevents tampering with	92348
any of the information that is entered upon a placard when it is	92349
issued.	92350

(G) Whoever violates division (A) of this section is guilty	92351
of a misdemeanor of the fourth degree. Whoever violates division	92352
(B) of this section is guilty of a misdemeanor of the first	92353
degree.	92354

(H) As used in this section, "motorized bicycle dealer" means	92355
any person engaged in the business of selling at retail,	92356
displaying, offering for sale, or dealing in motorized bicycles	92357
who is not subject to section 4503.09 of the Revised Code.	92358

Sec. 4503.19. (A) Upon the filing of an application for	92359
registration and the payment of the tax for registration, the	92360
registrar of motor vehicles or a deputy registrar shall determine	92361
whether the owner previously has been issued license plates for	92362
the motor vehicle described in the application. If no license	92363
plates previously have been issued to the owner for that motor	92364
vehicle, the registrar or deputy registrar shall assign to the	92365
motor vehicle a distinctive number and issue and deliver to the	92366
owner in the manner that the registrar may select a certificate of	92367
registration, in the form that the registrar shall prescribe, and,	92368
except as otherwise provided in this section, two license plates,	92369
duplicates of each other, and a validation sticker, or a	92370
validation sticker alone, to be attached to the number plates as	92371
provided in section 4503.191 of the Revised Code. The registrar or	92372
deputy registrar also shall charge the owner any fees required	92373
under division (C) of section 4503.10 of the Revised Code.	92374
Trailers, manufactured homes, mobile homes, semitrailers, the	92375
manufacturer thereof, the dealer, or in transit companies therein,	92376
shall be issued one license plate only and one validation sticker,	92377
or a validation sticker alone, and the license plate and	92378
validation sticker shall be displayed only on the rear of such	92379
vehicles. A commercial tractor that does not receive an	92380
apportioned license plate under the international registration	92381
plan shall be issued two license plates and one validation	92382
sticker, and the validation sticker shall be displayed on the	92383
front of the commercial tractor. An apportioned vehicle receiving	92384
an apportioned license plate under the international registration	92385
plan shall be issued one license plate only and one validation	92386
sticker, or a validation sticker alone; the license plate shall be	92387
displayed only on the front of a semitractor and on the rear of	92388
all other vehicles. School buses shall not be issued license	92389
plates but shall bear identifying numbers in the manner prescribed	92390
by section 4511.764 of the Revised Code. The certificate of	92391
registration and license plates and validation stickers, or	92392
validation stickers alone, shall be issued and delivered to the	92393
owner in person or by mail. Chauffeured limousines shall be issued	92394
license plates, a validation sticker, and a livery sticker as	92395
provided in section 4503.24 of the Revised Code. In the event of	92396
the loss, mutilation, or destruction of any certificate of	92397
registration, or of any license plates or validation stickers, or	92398
if the owner chooses to replace license plates previously issued	92399
for a motor vehicle, or if the registration certificate and	92400
license plates have been impounded as provided by division (B)(1)	92401
of section 4507.02 and section 4507.16 of the Revised Code, the	92402
owner of a motor vehicle, or manufacturer or dealer, may obtain	92403
from the registrar, or from a deputy registrar if authorized by	92404
the registrar, a duplicate thereof or new license plates bearing a	92405
different number, if the registrar considers it advisable, upon	92406
filing an application prescribed by the registrar, and upon paying	92407
a fee of one dollar for such certificate of registration, which	92408
one dollar fee shall be deposited into the state treasury to the	92409
credit of the state bureau of motor vehicles fund created in	92410
section 4501.25 of the Revised Code. Commencing with each request	92411
made on or after October 1, 2009, or in conjunction with	92412
replacement license plates issued for renewal registrations	92413
expiring on or after October 1, 2009, a fee of seven dollars and	92414
fifty cents for each set of two license plates, or six dollars	92415
and fifty cents for each single license plate or validation	92416
sticker shall be charged and collected, of which the registrar	92417
shall deposit five dollars and fifty cents of each seven dollar	92418
and fifty cent fee or each six dollar and fifty cent fee into the	92419
state treasury to the credit of the state highway safety fund	92420
created in section 4501.06 of the Revised Code and the remaining	92421
portion of each such fee into the state treasury to the credit of	92422
the state bureau of motor vehicles fund created in section 4501.25	92423
of the Revised Code. In addition, each applicant for a replacement	92424
certificate of registration, license plate, or validation sticker	92425
shall pay the fees provided in divisions (C) and (D) of section	92426
4503.10 of the Revised Code.	92427

~~The registrar shall pay five dollars and fifty cents of the~~	92428
~~fee collected for each license plate or set of license plates~~	92429
~~issued into the state highway safety fund created in section~~	92430
~~4501.06 of the Revised Code.~~	92431

Additionally, the registrar and each deputy registrar who	92432
either issues license plates and a validation sticker for use on	92433
any vehicle other than a commercial tractor, semitrailer, or	92434
apportioned vehicle, or who issues a validation sticker alone for	92435
use on such a vehicle and the owner has changed the owner's county	92436
of residence since the owner last was issued county identification	92437
stickers, also shall issue and deliver to the owner either one or	92438
two county identification stickers, as appropriate, which shall be	92439
attached to the license plates in a manner prescribed by the	92440
director of public safety. The county identification stickers	92441
shall identify prominently by name or number the county in which	92442
the owner of the vehicle resides at the time of registration.	92443

(B) Whoever violates this section is guilty of a minor	92444
misdemeanor.	92445

Sec. 4503.191. (A)(1) The identification license plate	92446
shall be issued for a multi-year period as determined by the	92447
director of public safety, and shall be accompanied by a	92448
validation sticker, to be attached to the license plate. Except	92449
as provided in division (A)(2) of this section, the validation	92450
sticker shall indicate the expiration of the registration period	92451
to which the motor vehicle for which the license plate is issued	92452
is assigned, in accordance with rules adopted by the registrar of	92453
motor vehicles. During each succeeding year of the multi-year	92454
period following the issuance of the plate and validation	92455
sticker, upon the filing of an application for registration and	92456
the payment of the tax therefor, a validation sticker alone shall	92457
be issued. The validation stickers required under this section	92458
shall be of different colors or shades each year, the new colors	92459
or shades to be selected by the director.	92460

(2)(a) Not later than October 1, 2009, the director shall	92461
develop a universal validation sticker that may be issued to any	92462
owner of two hundred fifty or more passenger vehicles, so that a	92463
sticker issued to the owner may be placed on any passenger	92464
vehicle in that owner's fleet. The director may establish and	92465
charge an additional fee of not more than one dollar per	92466
registration to compensate for necessary costs of the universal	92467
validation sticker program. The additional fee shall be credited	92468
to the state bureau of motor vehicles fund created in section	92469
4501.25 of the Revised Code.	92470

(b) A validation sticker issued for an all-purpose vehicle	92471
that is registered under Chapter 4519. of the Revised Code or for	92472
a trailer or semitrailer that is registered under division	92473
(A)(1)(a)(ii) of section 4503.103 of the Revised Code for a period	92474
of not more than five succeeding registration years may indicate	92475
the expiration of the registration period by any manner determined	92476
by the registrar by rule.	92477

(B) Identification license plates shall be produced by Ohio	92478
penal industries. Validation stickers and county identification	92479
stickers shall be produced by Ohio penal industries unless the	92480
registrar adopts rules that permit the registrar or deputy	92481
registrars to print or otherwise produce them in house.	92482

Sec. 4503.235. (A) If division (G) of section 4511.19 or	92483
division (B) of section 4511.193 of the Revised Code requires a	92484
court, as part of the sentence of an offender who is convicted of	92485
or pleads guilty to a violation of division (A) of section	92486
4511.19 of the Revised Code or as a sanction for an offender who	92487
is convicted of or pleaded guilty to a violation of a municipal	92488
OVI ordinance, to order the immobilization of a vehicle for a	92489
specified period of time, notwithstanding the requirement, the	92490
court in its discretion may determine not to order the	92491
immobilization of the vehicle if both of the following apply:	92492

(1) Prior to the issuance of the order of immobilization, a	92493
family or household member of the offender files a motion with	92494
the court identifying the vehicle and requesting that the	92495
immobilization order not be issued on the ground that the family	92496
or household member is completely dependent on the vehicle for	92497
the necessities of life and that the immobilization of the	92498
vehicle would be an undue hardship to the family or household	92499
member.	92500

(2) The court determines that the family or household member	92501
who files the motion is completely dependent on the vehicle for	92502
the necessities of life and that the immobilization of the	92503
vehicle would be an undue hardship to the family or household	92504
member.	92505

(B) If a court pursuant to division (A) of this section	92506
determines not to order the immobilization of a vehicle that	92507
otherwise would be required pursuant to division (G) of section	92508
4511.19 or division (B) of section 4511.193 of the Revised Code,	92509
the court shall issue an order that waives the immobilization that	92510
otherwise would be required pursuant to either of those divisions.	92511
The immobilization waiver order shall be in effect for the period	92512
of time for which the immobilization of the vehicle otherwise	92513
would have been required under division (G) of section 4511.19 or	92514
division (B) of section 4511.193 of the Revised Code if the	92515
immobilization waiver order had not been issued, subject to	92516
division (D) of this section. The immobilization waiver order	92517
shall specify the period of time for which it is in effect. The	92518
court shall provide a copy of an immobilization waiver order to	92519
the offender and to the family or household member of the	92520
offender who filed the motion requesting that the immobilization	92521
order not be issued and shall place a copy of the immobilization	92522
waiver order in the record in the case. The court shall impose an	92523
immobilization waiver fee in the amount of fifty dollars. The	92524
court shall determine whether the fee is to be paid by the	92525
offender or by the family or household member. The clerk of the	92526
court shall ~~transmit~~deposit all of the fees collected during a	92527
month on or before the twenty-third day of the following month	92528
tointo the ~~state treasury to be credited to the~~county or	92529
municipal indigent drivers alcohol treatment fund under the	92530
control of that court, as created by the county or municipal	92531
corporation under division (F) of section 4511.191 of the	92532
Revised Code.	92533

(C) If a court pursuant to division (B) of this section	92534
issues an immobilization waiver order, the order shall identify	92535
the family or household member who requested the order and the	92536
vehicle to which the order applies, shall identify the family or	92537
household members who are permitted to operate the vehicle, and	92538
shall identify the offender and specify that the offender is not	92539
permitted to operate the vehicle. The immobilization waiver order	92540
shall require that the family or household member display on the	92541
vehicle to which the order applies restricted license plates that	92542
are issued under section 4503.231 of the Revised Code for the	92543
entire period for which the immobilization of the vehicle	92544
otherwise would have been required under division (G) of section	92545
4511.19 or division (B) of section 4511.193 of the Revised Code	92546
if the immobilization waiver order had not been issued.	92547

(D) A family or household member who is permitted to operate	92548
a vehicle under an immobilization waiver order issued under this	92549
section shall not permit the offender to operate the vehicle. If	92550
a family or household member who is permitted to operate a	92551
vehicle under an immobilization waiver order issued under this	92552
section permits the offender to operate the vehicle, both of the	92553
following apply:	92554

(1) The court that issued the immobilization waiver order	92555
shall terminate that order and shall issue an immobilization order	92556
in accordance with section 4503.233 of the Revised Code that	92557
applies to the vehicle, and the immobilization order shall be in	92558
effect for the remaining period of time for which the	92559
immobilization of the vehicle otherwise would have been required	92560
under division (G) of section 4511.19 or division (B) of section	92561
4511.193 of the Revised Code if the immobilization waiver order	92562
had not been issued.	92563

(2) The conduct of the family or household member in	92564
permitting the offender to operate the vehicle is a violation of	92565
section 4511.203 of the Revised Code.	92566

(E) No offender shall operate a motor vehicle subject to an	92567
immobilization waiver order. Whoever violates this division is	92568
guilty of operating a motor vehicle in violation of an	92569
immobilization waiver, a misdemeanor of the first degree.	92570

(F) "Family or household member" has the same meaning as in	92571
section 2919.25 of the Revised Code, except that the person must	92572
be currently residing with the offender.	92573

Sec. 4503.40. ~~The~~For each registration renewal with an	92574
expiration date before October 1, 2009, and for each initial	92575
application for registration received before that date the	92576
registrar of motor vehicles shall be allowed a fee not to exceed	92577
ten dollars, and for each registration renewal with an expiration	92578
date on or after October 1, 2009, and for each initial application	92579
for registration received on or after that date the registrar of	92580
~~motor vehicles~~ shall be allowed a fee of twenty-five dollars, for	92581
each application received by the registrar for special state	92582
reserved license plate numbers and the issuing of such licenses,	92583
and validation stickers, in the several series as the registrar	92584
may designate. The fee shall be in addition to the license tax	92585
established by this chapter and, where applicable, Chapter 4504.	92586
of the Revised Code. Seven dollars and fifty cents of the fee	92587
shall be for the purpose of compensating the bureau of motor	92588
vehicles for additional services required in the issuing of such	92589
licenses, and the remaining ~~seventeen dollars and fifty cents~~	92590
portion of the fee shall be deposited by the registrar into the	92591
state treasury to the credit of the state highway safety fund	92592
created by section 4501.06 of the Revised Code. The types of	92593
motor vehicles for which special state reserved license plates	92594
may be issued in accordance with this section shall include at	92595
least motorcycles, buses, passenger cars, and noncommercial motor	92596
vehicles.	92597

Sec. 4503.42. ~~The~~For each registration renewal with an	92598
expiration date before October 1, 2009, and for each initial	92599
application for registration received before that date the	92600
registrar of motor vehicles shall be allowed a fee not to exceed	92601
thirty-five dollars, and for each registration renewal with an	92602
expiration date on or after October 1, 2009, and for each initial	92603
application for registration received on or after that date the	92604
registrar ~~of motor vehicles~~ shall be allowed a fee of fifty	92605
dollars, which shall be in addition to the regular license fee	92606
for tags as prescribed under section 4503.04 of the Revised Code	92607
and any tax levied under section 4504.02 or 4504.06 of the	92608
Revised Code, for each application received by the registrar for	92609
special reserved license plate numbers containing more than three	92610
letters or numerals, and the issuing of such licenses and	92611
validation stickers in the several series as the registrar may	92612
designate. Five dollars of the fee shall be for the purpose of	92613
compensating the bureau of motor vehicles for additional	92614
services required in the issuing of such licenses and validation	92615
stickers, and the remaining ~~forty-five dollars~~portion of the fee	92616
shall be deposited by the registrar into the state treasury to	92617
the credit of the state highway safety fund created by section	92618
4501.06 of the Revised Code.	92619

This section does not apply to the issuance of reserved	92620
license plates as authorized by sections 4503.14, 4503.15, and	92621
4503.40 of the Revised Code. The types of motor vehicles for which	92622
license plate numbers containing more than three letters or	92623
numerals may be issued in accordance with this section shall	92624
include at least buses, passenger cars, and noncommercial motor	92625
vehicles.	92626

Sec. 4503.44. (A) As used in this section and in section	92627
4511.69 of the Revised Code:	92628

(1) "Person with a disability that limits or impairs the	92629
ability to walk" means any person who, as determined by a health	92630
care provider, meets any of the following criteria:	92631

(a) Cannot walk two hundred feet without stopping to rest;

92632

(b) Cannot walk without the use of, or assistance from, a	92633
brace, cane, crutch, another person, prosthetic device,	92634
wheelchair, or other assistive device;	92635

(c) Is restricted by a lung disease to such an extent that	92636
the person's forced (respiratory) expiratory volume for one	92637
second, when measured by spirometry, is less than one liter, or	92638
the arterial oxygen tension is less than sixty millimeters of	92639
mercury on room air at rest;	92640

(d) Uses portable oxygen;

92641

(e) Has a cardiac condition to the extent that the person's	92642
functional limitations are classified in severity as class III or	92643
class IV according to standards set by the American heart	92644
association;	92645

(f) Is severely limited in the ability to walk due to an	92646
arthritic, neurological, or orthopedic condition;	92647

(g) Is blind.

92648

(2) "Organization" means any private organization or	92649
corporation, or any governmental board, agency, department,	92650
division, or office, that, as part of its business or program,	92651
transports persons with disabilities that limit or impair the	92652
ability to walk on a regular basis in a motor vehicle that has not	92653
been altered for the purpose of providing it with special	92654
equipment for use by handicapped persons. This definition does not	92655
apply to division (J) of this section.	92656

(3) "Health care provider" means a physician, physician	92657
assistant, advanced practice nurse, or chiropractor as defined in	92658
this section.	92659

(4) "Physician" means a person licensed to practice medicine	92660
or surgery or osteopathic medicine and surgery under Chapter 4731.	92661
of the Revised Code.	92662

(5) "Chiropractor" means a person licensed to practice	92663
chiropractic under Chapter 4734. of the Revised Code.	92664

(6) "Advanced practice nurse" means any certified nurse	92665
practitioner, clinical nurse specialist, certified registered	92666
nurse anesthetist, or certified nurse-midwife who holds a	92667
certificate of authority issued by the board of nursing under	92668
Chapter 4723. of the Revised Code.	92669

(7) "Physician assistant" means a person who holds a	92670
certificate to practice as a physician assistant issued under	92671
Chapter 4730. of the Revised Code.	92672

(B) Any organization or person with a disability that limits	92673
or impairs the ability to walk may apply to the registrar of motor	92674
vehicles for a removable windshield placard or, if the person owns	92675
or leases a motor vehicle, the person may apply for the	92676
registration of any motor vehicle the person owns or leases. In	92677
addition to one or more sets of license plates or one placard, a	92678
person with a disability that limits or impairs the ability to	92679
walk is entitled to one additional placard, but only if the person	92680
applies separately for the additional placard, states the reasons	92681
why the additional placard is needed, and the registrar, in the	92682
registrar's discretion, determines that good and justifiable cause	92683
exists to approve the request for the additional placard. When a	92684
motor vehicle has been altered for the purpose of providing it	92685
with special equipment for a person with a disability that limits	92686
or impairs the ability to walk, but is owned or leased by someone	92687
other than such a person, the owner or lessee may apply to the	92688
registrar or a deputy registrar for registration under this	92689
section. The application for registration of a motor vehicle owned	92690
or leased by a person with a disability that limits or impairs the	92691
ability to walk shall be accompanied by a signed statement from	92692
the applicant's health care provider certifying that the	92693
applicant meets at least one of the criteria contained in	92694
division (A)(1) of this section and that the disability is	92695
expected to continue for more than six consecutive months. The	92696
application for a removable windshield placard made by a person	92697
with a disability that limits or impairs the ability to walk	92698
shall be accompanied by a prescription from the applicant's	92699
health care provider prescribing such a placard for the	92700
applicant, provided that the applicant meets at least one of the	92701
criteria contained in division (A)(1) of this section. The	92702
health care provider shall state on the prescription the length	92703
of time the health care provider expects the applicant to have	92704
the disability that limits or impairs the applicant's ability to	92705
walk. The application for a removable windshield placard made by	92706
an organization shall be accompanied by such documentary evidence	92707
of regular transport of persons with disabilities that limit or	92708
impair the ability to walk by the organization as the registrar	92709
may require by rule and shall be completed in accordance with	92710
procedures that the registrar may require by rule. The application	92711
for registration of a motor vehicle that has been altered for the	92712
purpose of providing it with special equipment for a person with a	92713
disability that limits or impairs the ability to walk but is owned	92714
by someone other than such a person shall be accompanied by such	92715
documentary evidence of vehicle alterations as the registrar may	92716
require by rule.	92717

(C) When an organization, a person with a disability that	92718
limits or impairs the ability to walk, or a person who does not	92719
have a disability that limits or impairs the ability to walk but	92720
owns a motor vehicle that has been altered for the purpose of	92721
providing it with special equipment for a person with a disability	92722
that limits or impairs the ability to walk first submits an	92723
application for registration of a motor vehicle under this section	92724
and every fifth year thereafter, the organization or person shall	92725
submit a signed statement from the applicant's health care	92726
provider, a completed application, and any required documentary	92727
evidence of vehicle alterations as provided in division (B) of	92728
this section, and also a power of attorney from the owner of the	92729
motor vehicle if the applicant leases the vehicle. Upon	92730
submission of these items, the registrar or deputy registrar shall	92731
issue to the applicant appropriate vehicle registration and a set	92732
of license plates and validation stickers, or validation	92733
stickers alone when required by section 4503.191 of the Revised	92734
Code. In addition to the letters and numbers ordinarily	92735
inscribed thereon, the license plates shall be imprinted with	92736
the international symbol of access. The license plates and	92737
validation stickers shall be issued upon payment of the regular	92738
license fee as prescribed under section 4503.04 of the Revised	92739
Code and any motor vehicle tax levied under Chapter 4504. of the	92740
Revised Code, and the payment of a service fee equal to the	92741
amount specified in division (D) or (G) of section 4503.10 of	92742
the Revised Code.	92743

(D)(1) Upon receipt of a completed and signed application for	92744
a removable windshield placard, a prescription as described in	92745
division (B) of this section, documentary evidence of regular	92746
transport of persons with disabilities that limit or impair the	92747
ability to walk, if required, and payment of a service fee equal	92748
to the amount specified in division (D) or (G) of section 4503.10	92749
of the Revised Code, the registrar or deputy registrar shall issue	92750
to the applicant a removable windshield placard, which shall bear	92751
the date of expiration on both sides of the placard and shall be	92752
valid until expired, revoked, or surrendered. Every removable	92753
windshield placard expires as described in division (D)(2) of this	92754
section, but in no case shall a removable windshield placard be	92755
valid for a period of less than sixty days. Removable windshield	92756
placards shall be renewable upon application as provided in	92757
division (B) of this section, and a service fee equal to the	92758
amount specified in division (D) or (G) of section 4503.10 of the	92759
Revised Code shall be charged for the renewal of a removable	92760
windshield placard. The registrar shall provide the application	92761
form and shall determine the information to be included thereon.	92762
The registrar also shall determine the form and size of the	92763
removable windshield placard, the material of which it is to be	92764
made, and any other information to be included thereon, and shall	92765
adopt rules relating to the issuance, expiration, revocation,	92766
surrender, and proper display of such placards. Any placard	92767
issued after October 14, 1999, shall be manufactured in a manner	92768
that allows the expiration date of the placard to be indicated on	92769
it through the punching, drilling, boring, or creation by any	92770
other means of holes in the placard.	92771

(2) At the time a removable windshield placard is issued to a	92772
person with a disability that limits or impairs the ability to	92773
walk, the registrar or deputy registrar shall enter into the	92774
records of the bureau of motor vehicles the last date on which the	92775
person will have that disability, as indicated on the accompanying	92776
prescription. Not less than thirty days prior to that date and all	92777
removable windshield placard renewal dates, the bureau shall send	92778
a renewal notice to that person at the person's last known address	92779
as shown in the records of the bureau, informing the person that	92780
the person's removable windshield placard will expire on the	92781
indicated date not to exceed five years from the date of issuance,	92782
and that the person is required to renew the placard by submitting	92783
to the registrar or a deputy registrar another prescription, as	92784
described in division (B) of this section, and by complying with	92785
the renewal provisions prescribed in division (D)(1) of this	92786
section. If such a prescription is not received by the registrar	92787
or a deputy registrar by that date, the placard issued to that	92788
person expires and no longer is valid, and this fact shall be	92789
recorded in the records of the bureau.	92790

(3) At least once every year, on a date determined by the	92791
registrar, the bureau shall examine the records of the office of	92792
vital statistics, located within the department of health, that	92793
pertain to deceased persons, and also the bureau's records of all	92794
persons who have been issued removable windshield placards and	92795
temporary removable windshield placards. If the records of the	92796
office of vital statistics indicate that a person to whom a	92797
removable windshield placard or temporary removable windshield	92798
placard has been issued is deceased, the bureau shall cancel that	92799
placard, and note the cancellation in its records.	92800

The office of vital statistics shall make available to the	92801
bureau all information necessary to enable the bureau to comply	92802
with division (D)(3) of this section.	92803

(4) Nothing in this section shall be construed to require a	92804
person or organization to apply for a removable windshield placard	92805
or special license plates if the parking card or special license	92806
plates issued to the person or organization under prior law have	92807
not expired or been surrendered or revoked.	92808

(E)(1)(a) Any person with a disability that limits or impairs	92809
the ability to walk may apply to the registrar or a deputy	92810
registrar for a temporary removable windshield placard. The	92811
application for a temporary removable windshield placard shall be	92812
accompanied by a prescription from the applicant's health care	92813
provider prescribing such a placard for the applicant, provided	92814
that the applicant meets at least one of the criteria contained in	92815
division (A)(1) of this section and that the disability is	92816
expected to continue for six consecutive months or less. The	92817
health care provider shall state on the prescription the length	92818
of time the health care provider expects the applicant to have	92819
the disability that limits or impairs the applicant's ability to	92820
walk, which cannot exceed six months from the date of the	92821
prescription. Upon receipt of an application for a temporary	92822
removable windshield placard, presentation of the prescription	92823
from the applicant's health care provider, and payment of a	92824
service fee equal to the amount specified in division (D) or (G)	92825
of section 4503.10 of the Revised Code, the registrar or deputy	92826
registrar shall issue to the applicant a temporary removable	92827
windshield placard.	92828

(b) Any active-duty member of the armed forces of the United	92829
States, including the reserve components of the armed forces and	92830
the national guard, who has an illness or injury that limits or	92831
impairs the ability to walk may apply to the registrar or a deputy	92832
registrar for a temporary removable windshield placard. With the	92833
application, the person shall present evidence of the person's	92834
active-duty status and the illness or injury. Evidence of the	92835
illness or injury may include a current department of defense	92836
convalescent leave statement, any department of defense document	92837
indicating that the person currently has an ill or injured	92838
casualty status or has limited duties, or a prescription from any	92839
health care provider prescribing the placard for the applicant.	92840
Upon receipt of the application and the necessary evidence, the	92841
registrar or deputy registrar shall issue the applicant the	92842
temporary removable windshield placard without the payment of any	92843
service fee.	92844

(2) The temporary removable windshield placard shall be of	92845
the same size and form as the removable windshield placard, shall	92846
be printed in white on a red-colored background, and shall bear	92847
the word "temporary" in letters of such size as the registrar	92848
shall prescribe. A temporary removable windshield placard also	92849
shall bear the date of expiration on the front and back of the	92850
placard, and shall be valid until expired, surrendered, or	92851
revoked, but in no case shall such a placard be valid for a period	92852
of less than sixty days. The registrar shall provide the	92853
application form and shall determine the information to be	92854
included on it, provided that the registrar shall not require a	92855
health care provider's prescription or certification for a person	92856
applying under division (E)(1)(b) of this section. The registrar	92857
also shall determine the material of which the temporary	92858
removable windshield placard is to be made and any other	92859
information to be included on the placard and shall adopt rules	92860
relating to the issuance, expiration, surrender, revocation, and	92861
proper display of those placards. Any temporary removable	92862
windshield placard issued after October 14, 1999, shall be	92863
manufactured in a manner that allows for the expiration date of	92864
the placard to be indicated on it through the punching, drilling,	92865
boring, or creation by any other means of holes in the placard.	92866

(F) If an applicant for a removable windshield placard is a	92867
veteran of the armed forces of the United States whose disability,	92868
as defined in division (A)(1) of this section, is	92869
service-connected, the registrar or deputy registrar, upon receipt	92870
of the application, presentation of a signed statement from the	92871
applicant's health care provider certifying the applicant's	92872
disability, and presentation of such documentary evidence from the	92873
department of veterans affairs that the disability of the	92874
applicant meets at least one of the criteria identified in	92875
division (A)(1) of this section and is service-connected as the	92876
registrar may require by rule, but without the payment of any	92877
service fee, shall issue the applicant a removable windshield	92878
placard that is valid until expired, surrendered, or revoked.	92879

(G) Upon a conviction of a violation of division (I), (J), or	92880
(K) of this section, the court shall report the conviction, and	92881
send the placard or parking card, if available, to the registrar,	92882
who thereupon shall revoke the privilege of using the placard or	92883
parking card and send notice in writing to the placardholder or	92884
cardholder at that holder's last known address as shown in the	92885
records of the bureau, and the placardholder or cardholder shall	92886
return the placard or card if not previously surrendered to the	92887
court, to the registrar within ten days following mailing of the	92888
notice.	92889

Whenever a person to whom a removable windshield placard or	92890
parking card has been issued moves to another state, the person	92891
shall surrender the placard or card to the registrar; and whenever	92892
an organization to which a placard or card has been issued changes	92893
its place of operation to another state, the organization shall	92894
surrender the placard or card to the registrar.	92895

(H) Subject to division (F) of section 4511.69 of the Revised	92896
Code, the operator of a motor vehicle displaying a removable	92897
windshield placard, temporary removable windshield placard,	92898
parking card, or the special license plates authorized by this	92899
section is entitled to park the motor vehicle in any special	92900
parking location reserved for persons with disabilities that limit	92901
or impair the ability to walk, also known as handicapped parking	92902
spaces or disability parking spaces.	92903

(I) No person or organization that is not eligible under	92904
division (B) or (E) of this section shall willfully and falsely	92905
represent that the person or organization is so eligible.	92906

No person or organization shall display license plates issued	92907
under this section unless the license plates have been issued for	92908
the vehicle on which they are displayed and are valid.	92909

(J) No person or organization to which a removable windshield	92910
placard or temporary removable windshield placard is issued shall	92911
do either of the following:	92912

(1) Display or permit the display of the placard on any motor	92913
vehicle when having reasonable cause to believe the motor vehicle	92914
is being used in connection with an activity that does not include	92915
providing transportation for persons with disabilities that limit	92916
or impair the ability to walk;	92917

(2) Refuse to return or surrender the placard, when required.

92918

(K)(1) No person or organization to which a parking card is	92919
issued shall do either of the following:	92920

(a) Display or permit the display of the parking card on any	92921
motor vehicle when having reasonable cause to believe the motor	92922
vehicle is being used in connection with an activity that does not	92923
include providing transportation for a handicapped person;	92924

(b) Refuse to return or surrender the parking card, when	92925
required.	92926

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

92927

(a) "Handicapped person" means any person who has lost the	92928
use of one or both legs or one or both arms, who is blind, deaf,	92929
or so severely handicapped as to be unable to move about without	92930
the aid of crutches or a wheelchair, or whose mobility is	92931
restricted by a permanent cardiovascular, pulmonary, or other	92932
handicapping condition.	92933

(b) "Organization" means any private organization or	92934
corporation, or any governmental board, agency, department,	92935
division, or office, that, as part of its business or program,	92936
transports handicapped persons on a regular basis in a motor	92937
vehicle that has not been altered for the purposes of providing it	92938
with special equipment for use by handicapped persons.	92939

(L) If a removable windshield placard, temporary removable	92940
windshield placard, or parking card is lost, destroyed, or	92941
mutilated, the placardholder or cardholder may obtain a duplicate	92942
by doing both of the following:	92943

(1) Furnishing suitable proof of the loss, destruction, or	92944
mutilation to the registrar;	92945

(2) Paying a service fee equal to the amount specified in	92946
division (D) or (G) of section 4503.10 of the Revised Code.	92947

Any placardholder or cardholder who loses a placard or card	92948
and, after obtaining a duplicate, finds the original, immediately	92949
shall surrender the original placard or card to the registrar.	92950

(M) The registrar shall pay all fees received under this	92951
section for the issuance of removable windshield placards or	92952
temporary removable windshield placards or duplicate removable	92953
windshield placards or cards into the state treasury to the credit	92954
of the state bureau of motor vehicles fund created in section	92955
4501.25 of the Revised Code.	92956

(N) In addition to the fees collected under this section, the	92957
registrar or deputy registrar shall ask each person applying for a	92958
removable windshield placard or temporary removable windshield	92959
placard or duplicate removable windshield placard or license plate	92960
issued under this section, whether the person wishes to make a	92961
two-dollar voluntary contribution to support rehabilitation	92962
employment services. The registrar shall transmit the	92963
contributions received under this division to the treasurer of	92964
state for deposit into the rehabilitation employment fund, which	92965
is hereby created in the state treasury. A deputy registrar shall	92966
transmit the contributions received under this division to the	92967
registrar in the time and manner prescribed by the registrar. The	92968
contributions in the fund shall be used by the rehabilitation	92969
services commission to purchase services related to vocational	92970
evaluation, work adjustment, personal adjustment, job placement,	92971
job coaching, and community-based assessment from accredited	92972
community rehabilitation program facilities.	92973

(O) For purposes of enforcing this section, every peace	92974
officer is deemed to be an agent of the registrar. Any peace	92975
officer or any authorized employee of the bureau of motor vehicles	92976
who, in the performance of duties authorized by law, becomes aware	92977
of a person whose placard or parking card has been revoked	92978
pursuant to this section, may confiscate that placard or parking	92979
card and return it to the registrar. The registrar shall prescribe	92980
any forms used by law enforcement agencies in administering this	92981
section.	92982

No peace officer, law enforcement agency employing a peace	92983
officer, or political subdivision or governmental agency employing	92984
a peace officer, and no employee of the bureau is liable in a	92985
civil action for damages or loss to persons arising out of the	92986
performance of any duty required or authorized by this section. As	92987
used in this division, "peace officer" has the same meaning as in	92988
division (B) of section 2935.01 of the Revised Code.	92989

~~(O)~~(P) All applications for registration of motor vehicles,	92990
removable windshield placards, and temporary removable windshield	92991
placards issued under this section, all renewal notices for such	92992
items, and all other publications issued by the bureau that relate	92993
to this section shall set forth the criminal penalties that may be	92994
imposed upon a person who violates any provision relating to	92995
special license plates issued under this section, the parking of	92996
vehicles displaying such license plates, and the issuance,	92997
procurement, use, and display of removable windshield placards and	92998
temporary removable windshield placards issued under this section.	92999

~~(P)~~(Q) Whoever violates this section is guilty of a	93000
misdemeanor of the fourth degree.	93001

Sec. 4503.548. (A) Any person who has been awarded the	93002
combat infantryman badge may apply to the registrar of motor	93003
vehicles for the registration of any passenger car, noncommercial	93004
motor vehicle, recreational vehicle, or other vehicle of a class	93005
approved by the registrar that the person owns or leases. The	93006
application shall be accompanied by such documentary evidence in	93007
support of the award as the registrar may require. The application	93008
may be combined with a request for a special reserved license	93009
plate under section 4503.40 or 4503.42 of the Revised Code.	93010

Upon receipt of an application for registration of a motor	93011
vehicle under this section and the required taxes and fees, and	93012
upon presentation of the required supporting evidence of the award	93013
of the combat infantryman badge, the registrar shall issue to the	93014
applicant the appropriate motor vehicle registration and a set of	93015
license plates and a validation sticker, or a validation sticker	93016
alone when required by section 4503.191 of the Revised Code.	93017

In addition to the letters and numbers ordinarily inscribed	93018
on license plates, the license plates shall be inscribed with the	93019
words "combat infantryman badge" and bear a reproduction of the	93020
combat infantryman badge. The license plates shall bear county	93021
identification stickers that identify the county of registration	93022
by name or number.	93023

The license plates and a validation sticker or, when	93024
applicable, a validation sticker alone shall be issued upon	93025
payment of the regular license tax required by section 4503.04 of	93026
the Revised Code, payment of any local motor vehicle license tax	93027
levied under Chapter 4504. of the Revised Code, payment of any	93028
applicable additional fee prescribed by section 4503.40 or 4503.42	93029
of the Revised Code, and compliance with all other applicable laws	93030
relating to the registration of motor vehicles.	93031

(B) No person who is not a recipient of the combat	93032
infantryman badge shall willfully and falsely represent that the	93033
person is a recipient of the combat infantryman badge for the	93034
purpose of obtaining license plates under this section. No person	93035
shall own a motor vehicle bearing license plates issued under this	93036
section unless the person is eligible to be issued those license	93037
plates.	93038

(C) Sections 4503.77 and 4503.78 of the Revised Code do not	93039
apply to license plates issued under this section.	93040

Sec. 4503.563. (A) The owner or lessee of any passenger	93041
car, noncommercial motor vehicle, recreational vehicle, or other	93042
vehicle of a class approved by the registrar of motor vehicles may	93043
apply to the registrar for the registration of the vehicle and	93044
issuance of Ohio nature preserves license plates. The application	93045
for Ohio nature preserves license plates may be combined with a	93046
request for a special reserved license plate under section 4503.40	93047
or 4503.42 of the Revised Code. Upon receipt of the completed	93048
application and compliance with division (B) of this section, the	93049
registrar shall issue to the applicant the appropriate vehicle	93050
registration and a set of Ohio nature preserves license plates	93051
with a validation sticker or a validation sticker alone when	93052
required by section 4503.191 of the Revised Code.	93053

In addition to the letters and numbers ordinarily inscribed	93054
thereon, Ohio nature preserves license plates shall be inscribed	93055
with identifying words or markings designed by the department of	93056
natural resources and approved by the registrar. Ohio nature	93057
preserves license plates shall bear county identification stickers	93058
that identify the county of registration by name or number.	93059

(B) The Ohio nature preserves license plates and validation	93060
sticker shall be issued upon receipt of a contribution as provided	93061
in division (C) of this section and upon payment of the regular	93062
license fees as prescribed under section 4503.04 of the Revised	93063
Code, a bureau of motor vehicles administrative fee of ten	93064
dollars, any applicable motor vehicle tax levied under Chapter	93065
4504. of the Revised Code, and compliance with all other	93066
applicable laws relating to the registration of motor vehicles. If	93067
the application for Ohio nature preserves license plates is	93068
combined with a request for a special reserved license plate under	93069
section 4503.40 or 4503.42 of the Revised Code, the license plates	93070
and validation sticker shall be issued upon payment of the	93071
contribution, fees, and taxes contained in this division and the	93072
additional fee prescribed under section 4503.40 or 4503.42 of the	93073
Revised Code.	93074

(C) For each application for registration and registration	93075
renewal submitted under this section, the registrar shall collect	93076
a contribution in an amount not to exceed forty dollars as	93077
determined by the department. The registrar shall transmit this	93078
contribution to the treasurer of state for deposit in the Ohio	93079
nature preserves fund created in section 4501.243 of the Revised	93080
Code.	93081

The registrar shall deposit the ten-dollar bureau	93082
administrative fee, the purpose of which is to compensate the	93083
bureau for additional services required in issuing Ohio nature	93084
preserves license plates, in the state bureau of motor vehicles	93085
fund created in section 4501.25 of the Revised Code.	93086

Sec. 4505.01. (A) As used in this chapter:

93087

(1) "Lien" includes, unless the context requires a different	93088
meaning, a security interest in a motor vehicle.	93089

(2) "Motor vehicle" includes manufactured homes, mobile	93090
homes, recreational vehicles, and trailers and semitrailers whose	93091
weight exceeds four thousand pounds.	93092

(3) "Manufactured home" has the same meaning as section	93093
3781.06 of the Revised Code.	93094

(4) "Mobile home" has the same meaning as in section 4501.01	93095
of the Revised Code.	93096

(5) "Manufactured housing dealer," "manufactured housing	93097
broker," and "manufactured housing salesperson" have the same	93098
meanings as in section 4781.01 of the Revised Code.	93099

(6) "Motor vehicle dealer" includes manufactured housing	93100
dealers.	93101

(7) "Motor vehicle salesperson" includes manufactured housing	93102
salespersons.	93103

(B) The various certificates, applications, and assignments	93104
necessary to provide certificates of title for manufactured homes,	93105
mobile homes, recreational vehicles, and trailers and semitrailers	93106
whose weight exceeds four thousand pounds, shall be made upon	93107
forms prescribed by the registrar of motor vehicles.	93108

Sec. 4505.06. (A)(1) Application for a certificate of title	93109
shall be made in a form prescribed by the registrar of motor	93110
vehicles and shall be sworn to before a notary public or other	93111
officer empowered to administer oaths. The application shall be	93112
filed with the clerk of any court of common pleas. An application	93113
for a certificate of title may be filed electronically by any	93114
electronic means approved by the registrar in any county with the	93115
clerk of the court of common pleas of that county. Any payments	93116
required by this chapter shall be considered as accompanying any	93117
electronically transmitted application when payment actually is	93118
received by the clerk. Payment of any fee or taxes may be made by	93119
electronic transfer of funds.	93120

(2) The application for a certificate of title shall be	93121
accompanied by the fee prescribed in section 4505.09 of the	93122
Revised Code. The fee shall be retained by the clerk who issues	93123
the certificate of title and shall be distributed in accordance	93124
with that section. If a clerk of a court of common pleas, other	93125
than the clerk of the court of common pleas of an applicant's	93126
county of residence, issues a certificate of title to the	93127
applicant, the clerk shall transmit data related to the	93128
transaction to the automated title processing system.	93129

(3) If a certificate of title previously has been issued for	93130
a motor vehicle in this state, the application for a certificate	93131
of title also shall be accompanied by that certificate of title	93132
duly assigned, unless otherwise provided in this chapter. If a	93133
certificate of title previously has not been issued for the motor	93134
vehicle in this state, the application, unless otherwise provided	93135
in this chapter, shall be accompanied by a manufacturer's or	93136
importer's certificate or by a certificate of title of another	93137
state from which the motor vehicle was brought into this state. If	93138
the application refers to a motor vehicle last previously	93139
registered in another state, the application also shall be	93140
accompanied by the physical inspection certificate required by	93141
section 4505.061 of the Revised Code. If the application is made	93142
by two persons regarding a motor vehicle in which they wish to	93143
establish joint ownership with right of survivorship, they may do	93144
so as provided in section 2131.12 of the Revised Code. If the	93145
applicant requests a designation of the motor vehicle in	93146
beneficiary form so that upon the death of the owner of the motor	93147
vehicle, ownership of the motor vehicle will pass to a designated	93148
transfer-on-death beneficiary or beneficiaries, the applicant may	93149
do so as provided in section 2131.13 of the Revised Code. A person	93150
who establishes ownership of a motor vehicle that is transferable	93151
on death in accordance with section 2131.13 of the Revised Code	93152
may terminate that type of ownership or change the designation of	93153
the transfer-on-death beneficiary or beneficiaries by applying for	93154
a certificate of title pursuant to this section. The clerk shall	93155
retain the evidence of title presented by the applicant and on	93156
which the certificate of title is issued, except that, if an	93157
application for a certificate of title is filed electronically by	93158
an electronic motor vehicle dealer on behalf of the purchaser of a	93159
motor vehicle, the clerk shall retain the completed electronic	93160
record to which the dealer converted the certificate of title	93161
application and other required documents. The registrar, after	93162
consultation with the attorney general, shall adopt rules that	93163
govern the location at which, and the manner in which, are stored	93164
the actual application and all other documents relating to the	93165
sale of a motor vehicle when an electronic motor vehicle dealer	93166
files the application for a certificate of title electronically on	93167
behalf of the purchaser.	93168

The clerk shall use reasonable diligence in ascertaining	93169
whether or not the facts in the application for a certificate of	93170
title are true by checking the application and documents	93171
accompanying it or the electronic record to which a dealer	93172
converted the application and accompanying documents with the	93173
records of motor vehicles in the clerk's office. If the clerk is	93174
satisfied that the applicant is the owner of the motor vehicle and	93175
that the application is in the proper form, the clerk, within five	93176
business days after the application is filed and except as	93177
provided in section 4505.021 of the Revised Code, shall issue a	93178
physical certificate of title over the clerk's signature and	93179
sealed with the clerk's seal, unless the applicant specifically	93180
requests the clerk not to issue a physical certificate of title	93181
and instead to issue an electronic certificate of title. For	93182
purposes of the transfer of a certificate of title, if the clerk	93183
is satisfied that the secured party has duly discharged a lien	93184
notation but has not canceled the lien notation with a clerk, the	93185
clerk may cancel the lien notation on the automated title	93186
processing system and notify the clerk of the county of origin.	93187

(4) In the case of the sale of a motor vehicle to a general	93188
buyer or user by a dealer, by a motor vehicle leasing dealer	93189
selling the motor vehicle to the lessee or, in a case in which the	93190
leasing dealer subleased the motor vehicle, the sublessee, at the	93191
end of the lease agreement or sublease agreement, or by a	93192
manufactured ~~home~~housing broker, the certificate of title shall	93193
be obtained in the name of the buyer by the dealer, leasing	93194
dealer, or manufactured ~~home~~housing broker, as the case may be,	93195
upon application signed by the buyer. The certificate of title	93196
shall be issued, or the process of entering the certificate of	93197
title application information into the automated title processing	93198
system if a physical certificate of title is not to be issued	93199
shall be completed, within five business days after the	93200
application for title is filed with the clerk. If the buyer of the	93201
motor vehicle previously leased the motor vehicle and is buying	93202
the motor vehicle at the end of the lease pursuant to that lease,	93203
the certificate of title shall be obtained in the name of the	93204
buyer by the motor vehicle leasing dealer who previously leased	93205
the motor vehicle to the buyer or by the motor vehicle leasing	93206
dealer who subleased the motor vehicle to the buyer under a	93207
sublease agreement.	93208

In all other cases, except as provided in section 4505.032	93209
and division (D)(2) of section 4505.11 of the Revised Code, such	93210
certificates shall be obtained by the buyer.	93211

(5)(a)(i) If the certificate of title is being obtained in	93212
the name of the buyer by a motor vehicle dealer or motor vehicle	93213
leasing dealer and there is a security interest to be noted on the	93214
certificate of title, the dealer or leasing dealer shall submit	93215
the application for the certificate of title and payment of the	93216
applicable tax to a clerk within seven business days after the	93217
later of the delivery of the motor vehicle to the buyer or the	93218
date the dealer or leasing dealer obtains the manufacturer's or	93219
importer's certificate, or certificate of title issued in the name	93220
of the dealer or leasing dealer, for the motor vehicle. Submission	93221
of the application for the certificate of title and payment of the	93222
applicable tax within the required seven business days may be	93223
indicated by postmark or receipt by a clerk within that period.	93224

(ii) Upon receipt of the certificate of title with the	93225
security interest noted on its face, the dealer or leasing dealer	93226
shall forward the certificate of title to the secured party at the	93227
location noted in the financing documents or otherwise specified	93228
by the secured party.	93229

(iii) A motor vehicle dealer or motor vehicle leasing dealer	93230
is liable to a secured party for a late fee of ten dollars per day	93231
for each certificate of title application and payment of the	93232
applicable tax that is submitted to a clerk more than seven	93233
business days but less than twenty-one days after the later of the	93234
delivery of the motor vehicle to the buyer or the date the dealer	93235
or leasing dealer obtains the manufacturer's or importer's	93236
certificate, or certificate of title issued in the name of the	93237
dealer or leasing dealer, for the motor vehicle and, from then on,	93238
twenty-five dollars per day until the application and applicable	93239
tax are submitted to a clerk.	93240

(b) In all cases of transfer of a motor vehicle except the	93241
transfer of a manufactured home or mobile home, the application	93242
for certificate of title shall be filed within thirty days after	93243
the assignment or delivery of the motor vehicle. If	93244

(c) An application for a certificate of title for a new	93245
manufactured home shall be filed within thirty days after the	93246
delivery of the new manufactured home to the purchaser. The date	93247
of the delivery shall be the date on which an occupancy permit for	93248
the manufactured home is delivered to the purchaser of the home by	93249
the appropriate legal authority.	93250

(d) An application for a certificate of title for a used	93251
manufactured home or a used mobile home shall be filed as follows:	93252

(i) If a certificate of title for the used manufactured home	93253
or used mobile home was issued to the motor vehicle dealer prior	93254
to the sale of the manufactured or mobile home to the purchaser,	93255
the application for certificate of title shall be filed within	93256
thirty days after the date on which an occupancy permit for the	93257
manufactured or mobile home is delivered to the purchaser by the	93258
appropriate legal authority.	93259

(ii) If the motor vehicle dealer has been designated by a	93260
secured party to display the manufactured or mobile home for sale,	93261
or to sell the manufactured or mobile home under section 4505.20	93262
of the Revised Code, but the certificate of title has not been	93263
transferred by the secured party to the motor vehicle dealer, and	93264
the dealer has complied with the requirements of division (A) of	93265
section 4505.181 of the Revised Code, the application for	93266
certificate of title shall be filed within thirty days after the	93267
date on which the motor vehicle dealer obtains the certificate of	93268
title for the home from the secured party or the date on which an	93269
occupancy permit for the manufactured or mobile home is delivered	93270
to the purchaser by the appropriate legal authority, whichever	93271
occurs later.	93272

(6) If an application for a certificate of title is not filed	93273
within the period specified in division (A)(5)(b), (c), or (d) of	93274
this section, the clerk shall collect a fee of five dollars for	93275
the issuance of the certificate, except that no such fee shall be	93276
required from a motor vehicle salvage dealer, as defined in	93277
division (A) of section 4738.01 of the Revised Code, who	93278
immediately surrenders the certificate of title for cancellation.	93279
The fee shall be in addition to all other fees established by this	93280
chapter, and shall be retained by the clerk. The registrar shall	93281
provide, on the certificate of title form prescribed by section	93282
4505.07 of the Revised Code, language necessary to give evidence	93283
of the date on which the assignment or delivery of the motor	93284
vehicle was made.	93285

~~(6)~~(7) As used in division (A) of this section, "lease	93286
agreement," "lessee," and "sublease agreement" have the same	93287
meanings as in section 4505.04 of the Revised Code and "new	93288
manufactured home," "used manufactured home," and "used mobile	93289
home" have the same meanings as in section 5739.0210 of the	93290
Revised Code.	93291

(B)(1) The clerk, except as provided in this section, shall	93292
refuse to accept for filing any application for a certificate of	93293
title and shall refuse to issue a certificate of title unless the	93294
dealer ~~or manufactured home broker~~ or the applicant, in cases in	93295
which the certificate shall be obtained by the buyer, submits with	93296
the application payment of the tax levied by or pursuant to	93297
Chapters 5739. and 5741. of the Revised Code based on the	93298
purchaser's county of residence. Upon payment of the tax in	93299
accordance with division (E) of this section, the clerk shall	93300
issue a receipt prescribed by the registrar and agreed upon by the	93301
tax commissioner showing payment of the tax or a receipt issued by	93302
the commissioner showing the payment of the tax. When submitting	93303
payment of the tax to the clerk, a dealer shall retain any	93304
discount to which the dealer is entitled under section 5739.12 of	93305
the Revised Code.	93306

(2) For receiving and disbursing such taxes paid to the clerk	93307
by a resident of the clerk's county, the clerk may retain a	93308
poundage fee of one and one one-hundredth per cent, and the clerk	93309
shall pay the poundage fee into the certificate of title	93310
administration fund created by section 325.33 of the Revised Code.	93311
The clerk shall not retain a poundage fee from payments of taxes	93312
by persons who do not reside in the clerk's county.	93313

A clerk, however, may retain from the taxes paid to the clerk	93314
an amount equal to the poundage fees associated with certificates	93315
of title issued by other clerks of courts of common pleas to	93316
applicants who reside in the first clerk's county. The registrar,	93317
in consultation with the tax commissioner and the clerks of the	93318
courts of common pleas, shall develop a report from the automated	93319
title processing system that informs each clerk of the amount of	93320
the poundage fees that the clerk is permitted to retain from those	93321
taxes because of certificates of title issued by the clerks of	93322
other counties to applicants who reside in the first clerk's	93323
county.	93324

(3) In the case of casual sales of motor vehicles, as defined	93325
in section 4517.01 of the Revised Code, the price for the purpose	93326
of determining the tax shall be the purchase price on the assigned	93327
certificate of title executed by the seller and filed with the	93328
clerk by the buyer on a form to be prescribed by the registrar,	93329
which shall be prima-facie evidence of the amount for the	93330
determination of the tax.	93331

(4) Each county clerk shall forward to the treasurer of state	93332
all sales and use tax collections resulting from sales of motor	93333
vehicles, off-highway motorcycles, and all-purpose vehicles during	93334
a calendar week on or before the Friday following the close of	93335
that week. If, on any Friday, the offices of the clerk of courts	93336
or the state are not open for business, the tax shall be forwarded	93337
to the treasurer of state on or before the next day on which the	93338
offices are open. Every remittance of tax under division (B)(4) of	93339
this section shall be accompanied by a remittance report in such	93340
form as the tax commissioner prescribes. Upon receipt of a tax	93341
remittance and remittance report, the treasurer of state shall	93342
date stamp the report and forward it to the tax commissioner. If	93343
the tax due for any week is not remitted by a clerk of courts as	93344
required under division (B)(4) of this section, the commissioner	93345
may require the clerk to forfeit the poundage fees for the sales	93346
made during that week. The treasurer of state may require the	93347
clerks of courts to transmit tax collections and remittance	93348
reports electronically.	93349

(C)(1) If the transferor indicates on the certificate of	93350
title that the odometer reflects mileage in excess of the designed	93351
mechanical limit of the odometer, the clerk shall enter the phrase	93352
"exceeds mechanical limits" following the mileage designation. If	93353
the transferor indicates on the certificate of title that the	93354
odometer reading is not the actual mileage, the clerk shall enter	93355
the phrase "nonactual: warning - odometer discrepancy" following	93356
the mileage designation. The clerk shall use reasonable care in	93357
transferring the information supplied by the transferor, but is	93358
not liable for any errors or omissions of the clerk or those of	93359
the clerk's deputies in the performance of the clerk's duties	93360
created by this chapter.	93361

The registrar shall prescribe an affidavit in which the	93362
transferor shall swear to the true selling price and, except as	93363
provided in this division, the true odometer reading of the motor	93364
vehicle. The registrar may prescribe an affidavit in which the	93365
seller and buyer provide information pertaining to the odometer	93366
reading of the motor vehicle in addition to that required by this	93367
section, as such information may be required by the United States	93368
secretary of transportation by rule prescribed under authority of	93369
subchapter IV of the "Motor Vehicle Information and Cost Savings	93370
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	93371

(2) Division (C)(1) of this section does not require the	93372
giving of information concerning the odometer and odometer reading	93373
of a motor vehicle when ownership of a motor vehicle is being	93374
transferred as a result of a bequest, under the laws of intestate	93375
succession, to a survivor pursuant to section 2106.18, 2131.12, or	93376
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	93377
beneficiaries pursuant to section 2131.13 of the Revised Code, in	93378
connection with the creation of a security interest or for a	93379
vehicle with a gross vehicle weight rating of more than sixteen	93380
thousand pounds.	93381

(D) When the transfer to the applicant was made in some other	93382
state or in interstate commerce, the clerk, except as provided in	93383
this section, shall refuse to issue any certificate of title	93384
unless the tax imposed by or pursuant to Chapter 5741. of the	93385
Revised Code based on the purchaser's county of residence has been	93386
paid as evidenced by a receipt issued by the tax commissioner, or	93387
unless the applicant submits with the application payment of the	93388
tax. Upon payment of the tax in accordance with division (E) of	93389
this section, the clerk shall issue a receipt prescribed by the	93390
registrar and agreed upon by the tax commissioner, showing payment	93391
of the tax.	93392

For receiving and disbursing such taxes paid to the clerk by	93393
a resident of the clerk's county, the clerk may retain a poundage	93394
fee of one and one one-hundredth per cent. The clerk shall not	93395
retain a poundage fee from payments of taxes by persons who do not	93396
reside in the clerk's county.	93397

A clerk, however, may retain from the taxes paid to the clerk	93398
an amount equal to the poundage fees associated with certificates	93399
of title issued by other clerks of courts of common pleas to	93400
applicants who reside in the first clerk's county. The registrar,	93401
in consultation with the tax commissioner and the clerks of the	93402
courts of common pleas, shall develop a report from the automated	93403
title processing system that informs each clerk of the amount of	93404
the poundage fees that the clerk is permitted to retain from those	93405
taxes because of certificates of title issued by the clerks of	93406
other counties to applicants who reside in the first clerk's	93407
county.	93408

When the vendor is not regularly engaged in the business of	93409
selling motor vehicles, the vendor shall not be required to	93410
purchase a vendor's license or make reports concerning those	93411
sales.	93412

(E) The clerk shall accept any payment of a tax in cash, or	93413
by cashier's check, certified check, draft, money order, or teller	93414
check issued by any insured financial institution payable to the	93415
clerk and submitted with an application for a certificate of title	93416
under division (B) or (D) of this section. The clerk also may	93417
accept payment of the tax by corporate, business, or personal	93418
check, credit card, electronic transfer or wire transfer, debit	93419
card, or any other accepted form of payment made payable to the	93420
clerk. The clerk may require bonds, guarantees, or letters of	93421
credit to ensure the collection of corporate, business, or	93422
personal checks. Any service fee charged by a third party to a	93423
clerk for the use of any form of payment may be paid by the clerk	93424
from the certificate of title administration fund created in	93425
section 325.33 of the Revised Code, or may be assessed by the	93426
clerk upon the applicant as an additional fee. Upon collection,	93427
the additional fees shall be paid by the clerk into that	93428
certificate of title administration fund.	93429

The clerk shall make a good faith effort to collect any	93430
payment of taxes due but not made because the payment was returned	93431
or dishonored, but the clerk is not personally liable for the	93432
payment of uncollected taxes or uncollected fees. The clerk shall	93433
notify the tax commissioner of any such payment of taxes that is	93434
due but not made and shall furnish the information to the	93435
commissioner that the commissioner requires. The clerk shall	93436
deduct the amount of taxes due but not paid from the clerk's	93437
periodic remittance of tax payments, in accordance with procedures	93438
agreed upon by the tax commissioner. The commissioner may collect	93439
taxes due by assessment in the manner provided in section 5739.13	93440
of the Revised Code.	93441

Any person who presents payment that is returned or	93442
dishonored for any reason is liable to the clerk for payment of a	93443
penalty over and above the amount of the taxes due. The clerk	93444
shall determine the amount of the penalty, and the penalty shall	93445
be no greater than that amount necessary to compensate the clerk	93446
for banking charges, legal fees, or other expenses incurred by the	93447
clerk in collecting the returned or dishonored payment. The	93448
remedies and procedures provided in this section are in addition	93449
to any other available civil or criminal remedies. Subsequently	93450
collected penalties, poundage fees, and title fees, less any title	93451
fee due the state, from returned or dishonored payments collected	93452
by the clerk shall be paid into the certificate of title	93453
administration fund. Subsequently collected taxes, less poundage	93454
fees, shall be sent by the clerk to the treasurer of state at the	93455
next scheduled periodic remittance of tax payments, with	93456
information as the commissioner may require. The clerk may abate	93457
all or any part of any penalty assessed under this division.	93458

(F) In the following cases, the clerk shall accept for filing	93459
an application and shall issue a certificate of title without	93460
requiring payment or evidence of payment of the tax:	93461

(1) When the purchaser is this state or any of its political	93462
subdivisions, a church, or an organization whose purchases are	93463
exempted by section 5739.02 of the Revised Code;	93464

(2) When the transaction in this state is not a retail sale	93465
as defined by section 5739.01 of the Revised Code;	93466

(3) When the purchase is outside this state or in interstate	93467
commerce and the purpose of the purchaser is not to use, store, or	93468
consume within the meaning of section 5741.01 of the Revised Code;	93469

(4) When the purchaser is the federal government;

93470

(5) When the motor vehicle was purchased outside this state	93471
for use outside this state;	93472

(6) When the motor vehicle is purchased by a nonresident	93473
under the circumstances described in division (B)(1) of section	93474
5739.029 of the Revised Code, and upon presentation of a copy of	93475
the affidavit provided by that section, and a copy of the	93476
exemption certificate provided by section 5739.03 of the Revised	93477
Code.	93478

(G) An application, as prescribed by the registrar and agreed	93479
to by the tax commissioner, shall be filled out and sworn to by	93480
the buyer of a motor vehicle in a casual sale. The application	93481
shall contain the following notice in bold lettering: "WARNING TO	93482
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	93483
law to state the true selling price. A false statement is in	93484
violation of section 2921.13 of the Revised Code and is punishable	93485
by six months' imprisonment or a fine of up to one thousand	93486
dollars, or both. All transfers are audited by the department of	93487
taxation. The seller and buyer must provide any information	93488
requested by the department of taxation. The buyer may be assessed	93489
any additional tax found to be due."	93490

(H) For sales of manufactured homes or mobile homes occurring	93491
on or after January 1, 2000, the clerk shall accept for filing,	93492
pursuant to Chapter 5739. of the Revised Code, an application for	93493
a certificate of title for a manufactured home or mobile home	93494
without requiring payment of any tax pursuant to section 5739.02,	93495
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	93496
issued by the tax commissioner showing payment of the tax. For	93497
sales of manufactured homes or mobile homes occurring on or after	93498
January 1, 2000, the applicant shall pay to the clerk an	93499
additional fee of five dollars for each certificate of title	93500
issued by the clerk for a manufactured or mobile home pursuant to	93501
division (H) of section 4505.11 of the Revised Code and for each	93502
certificate of title issued upon transfer of ownership of the	93503
home. The clerk shall credit the fee to the county certificate of	93504
title administration fund, and the fee shall be used to pay the	93505
expenses of archiving those certificates pursuant to division (A)	93506
of section 4505.08 and division (H)(3) of section 4505.11 of the	93507
Revised Code. The tax commissioner shall administer any tax on a	93508
manufactured or mobile home pursuant to Chapters 5739. and 5741.	93509
of the Revised Code.	93510

(I) Every clerk shall have the capability to transact by	93511
electronic means all procedures and transactions relating to the	93512
issuance of motor vehicle certificates of title that are described	93513
in the Revised Code as being accomplished by electronic means.	93514

Sec. 4505.062. Notwithstanding any general requirement in	93515
this chapter to the effect that an application for a certificate	93516
of title to a motor vehicle shall be "sworn to" or shall be "sworn	93517
to before a notary public or other officer empowered to administer	93518
oaths," that requirement shall apply only in the case of a	93519
transfer of a motor vehicle between parties in the course of a	93520
casual sale, as defined in ~~section~~sections 4517.01 and 4781.01 of	93521
the Revised Code.	93522

Sec. 4505.09. (A)(1) The clerk of a court of common pleas	93523
shall charge and retain fees as follows:	93524

(a) Five dollars for each certificate of title that is not	93525
applied for within thirty days after the later of the assignment	93526
or delivery of the motor vehicle described in it. The entire fee	93527
shall be retained by the clerk.	93528

(b) Fifteen dollars for each certificate of title or	93529
duplicate certificate of title including the issuance of a	93530
memorandum certificate of title, or authorization to print a	93531
non-negotiable evidence of ownership described in division (G) of	93532
section 4505.08 of the Revised Code, non-negotiable evidence of	93533
ownership printed by the clerk under division (H) of that section,	93534
and notation of any lien on a certificate of title that is applied	93535
for at the same time as the certificate of title. The clerk shall	93536
retain eleven dollars and fifty cents of that fee for each	93537
certificate of title when there is a notation of a lien or	93538
security interest on the certificate of title, twelve dollars and	93539
twenty-five cents when there is no lien or security interest noted	93540
on the certificate of title, and eleven dollars and fifty cents	93541
for each duplicate certificate of title.	93542

(c) Five dollars for each certificate of title with no	93543
security interest noted that is issued to a licensed motor vehicle	93544
dealer for resale purposes. The clerk shall retain two dollars and	93545
twenty-five cents of that fee.	93546

(d) Five dollars for each memorandum certificate of title or	93547
non-negotiable evidence of ownership that is applied for	93548
separately. The clerk shall retain that entire fee.	93549

(2) The fees that are not retained by the clerk shall be	93550
paid to the registrar of motor vehicles by monthly returns, which	93551
shall be forwarded to the registrar not later than the fifth day	93552
of the month next succeeding that in which the certificate is	93553
issued or that in which the registrar is notified of a lien or	93554
cancellation of a lien.	93555

(B)(1) The registrar shall pay twenty-five cents of the	93556
amount received for each certificate of title issued to a motor	93557
vehicle dealer for resale ~~and~~, one dollar for ~~all other~~	93558
certificates of title issued with a lien or security interest	93559
noted on the certificate of title, and twenty-five cents for each	93560
certificate of title with no lien or security interest noted on	93561
the certificate of title into the state bureau of motor vehicles	93562
fund established in section 4501.25 of the Revised Code.	93563

(2) Fifty cents of the amount received for each certificate	93564
of title shall be paid by the registrar as follows:	93565

(a) Four cents shall be paid into the state treasury to the	93566
credit of the motor vehicle dealers board fund, which is hereby	93567
created. All investment earnings of the fund shall be credited to	93568
the fund. The moneys in the motor vehicle dealers board fund shall	93569
be used by the motor vehicle dealers board created under section	93570
4517.30 of the Revised Code, together with other moneys	93571
appropriated to it, in the exercise of its powers and the	93572
performance of its duties under Chapter 4517. of the Revised Code,	93573
except that the director of budget and management may transfer	93574
excess money from the motor vehicle dealers board fund to the	93575
bureau of motor vehicles fund if the registrar determines that the	93576
amount of money in the motor vehicle dealers board fund, together	93577
with other moneys appropriated to the board, exceeds the amount	93578
required for the exercise of its powers and the performance of its	93579
duties under Chapter 4517. of the Revised Code and requests the	93580
director to make the transfer.	93581

(b) Twenty-one cents shall be paid into the highway operating	93582
fund.	93583

(c) Twenty-five cents shall be paid into the state treasury	93584
to the credit of the motor vehicle sales audit fund, which is	93585
hereby created. The moneys in the fund shall be used by the tax	93586
commissioner together with other funds available to the	93587
commissioner to conduct a continuing investigation of sales and	93588
use tax returns filed for motor vehicles in order to determine if	93589
sales and use tax liability has been satisfied. The commissioner	93590
shall refer cases of apparent violations of section 2921.13 of the	93591
Revised Code made in connection with the titling or sale of a	93592
motor vehicle and cases of any other apparent violations of the	93593
sales or use tax law to the appropriate county prosecutor whenever	93594
the commissioner considers it advisable.	93595

(3) Two dollars of the amount received by the registrar for	93596
each certificate of title shall be paid into the state treasury to	93597
the credit of the automated title processing fund, which is hereby	93598
created and which shall consist of moneys collected under division	93599
(B)(3) of this section and under sections 1548.10 and 4519.59 of	93600
the Revised Code. All investment earnings of the fund shall be	93601
credited to the fund. The moneys in the fund shall be used as	93602
follows:	93603

(a) Except for moneys collected under section 1548.10 of the	93604
Revised Code and as provided in division (B)(3)(c) of this	93605
section, moneys collected under division (B)(3) of this section	93606
shall be used to implement and maintain an automated title	93607
processing system for the issuance of motor vehicle, off-highway	93608
motorcycle, and all-purpose vehicle certificates of title in the	93609
offices of the clerks of the courts of common pleas.	93610

(b) Moneys collected under section 1548.10 of the Revised	93611
Code shall be used to issue marine certificates of title in the	93612
offices of the clerks of the courts of common pleas as provided in	93613
Chapter 1548. of the Revised Code.	93614

(c) Moneys collected under division (B)(3) of this section	93615
shall be used in accordance with section 4505.25 of the Revised	93616
Code to implement Sub. S.B. 59 of the 124th general assembly.	93617

(C)(1) The automated title processing board is hereby created	93618
consisting of the registrar or the registrar's representative, a	93619
person selected by the registrar, the president of the Ohio clerks	93620
of court association or the president's representative, and two	93621
clerks of courts of common pleas appointed by the governor. The	93622
director of budget and management or the director's designee, the	93623
chief of the division of watercraft in the department of natural	93624
resources or the chief's designee, and the tax commissioner or	93625
the commissioner's designee shall be nonvoting members of the	93626
board. The purpose of the board is to facilitate the operation	93627
and maintenance of an automated title processing system and	93628
approve the procurement of automated title processing system	93629
equipment. Voting members of the board, excluding the registrar	93630
or the registrar's representative, shall serve without	93631
compensation, but shall be reimbursed for travel and other	93632
necessary expenses incurred in the conduct of their official	93633
duties. The registrar or the registrar's representative shall	93634
receive neither compensation nor reimbursement as a board	93635
member.	93636

(2) The automated title processing board shall determine each	93637
of the following:	93638

(a) The automated title processing equipment and certificates	93639
of title requirements for each county;	93640

(b) The payment of expenses that may be incurred by the	93641
counties in implementing an automated title processing system;	93642

(c) The repayment to the counties for existing title	93643
processing equipment.	93644

(3) The registrar shall purchase, lease, or otherwise acquire	93645
any automated title processing equipment and certificates of title	93646
that the board determines are necessary from moneys in the	93647
automated title processing fund established by division (B)(3) of	93648
this section.	93649

(D) All counties shall conform to the requirements of the	93650
registrar regarding the operation of their automated title	93651
processing system for motor vehicle titles, certificates of title	93652
for off-highway motorcycles and all-purpose vehicles, and	93653
certificates of title for watercraft and outboard motors.	93654

Sec. 4505.111. (A) Every motor vehicle, other than a	93655
manufactured home, a mobile home, or a motor vehicle as provided	93656
in divisions (C), (D), and (E) of section 4505.11 of the Revised	93657
Code, that is assembled from component parts by a person other	93658
than the manufacturer, shall be inspected by the state highway	93659
patrol prior to issuance of title to the motor vehicle. The	93660
inspection shall include establishing proof of ownership and an	93661
inspection of the motor number and vehicle identification number	93662
of the motor vehicle, and any items of equipment the director of	93663
public safety considers advisable and requires to be inspected by	93664
rule. A fee of forty dollars in fiscal year 1998 and fifty dollars	93665
in fiscal year 1999 and thereafter shall be assessed by the state	93666
highway patrol for each inspection made pursuant to this section,	93667
and shall be deposited in the state highway safety fund	93668
established by section 4501.06 of the Revised Code.	93669

(B) Whoever violates this section shall be fined not more	93670
than two thousand dollars, imprisoned not more than one year, or	93671
both.	93672

Sec. 4505.181. (A) Notwithstanding divisions (A)(2), (5),	93673
and (6) of section 4505.18 of the Revised Code, a motor vehicle	93674
dealer or person acting on behalf of a motor vehicle dealer may	93675
display, offer for sale, or sell a used motor vehicle and a	93676
manufactured housing dealer or person acting on behalf of a	93677
manufactured housing dealer may display, offer for sale, or sell a	93678
used manufactured home or used mobile home without having first	93679
obtained a certificate of title for the vehicle in the name of the	93680
dealer as required by this chapter if the dealer or person acting	93681
on behalf of the dealer complies with divisions (A)(1)(a) and (2)	93682
of this section, or divisions (A)(1)(b) and (2) of this section,	93683
as follows:	93684

(1)(a) If the dealer has been licensed as a motor vehicle	93685
dealer or manufactured housing dealer for less than the three-year	93686
period prior to the date on which the dealer or person acting on	93687
behalf of the dealer displays, offers for sale, or sells the used	93688
motor vehicle for which the dealer has not obtained a certificate	93689
of title in the name of the dealer, or if the attorney general has	93690
paid a retail purchaser of the dealer under division (C) of this	93691
section within three years prior to such date, the dealer posts	93692
with the attorney general's office in favor of this state a bond	93693
of a surety company authorized to do business in this state, in an	93694
amount of not less than twenty-five thousand dollars, to be used	93695
solely for the purpose of compensating retail purchasers of motor	93696
vehicles, manufactured homes, or mobile homes who suffer damages	93697
due to failure of the dealer or person acting on behalf of the	93698
dealer to comply with this section. The dealer's surety shall	93699
notify the registrar and attorney general when a bond of a motor	93700
vehicle dealer is canceled and shall notify the manufactured	93701
homes commission and the attorney general when a bond of a	93702
manufactured housing dealer is canceled. Such notification of	93703
cancellation shall include the effective date of and reason for	93704
cancellation.	93705

(b) If the dealer has been licensed as a motor vehicle dealer	93706
or manufactured housing dealer for longer than the three-year	93707
period prior to the date on which the dealer or person acting on	93708
behalf of the dealer displays, offers for sale, or sells the used	93709
motor vehicle, used manufactured home, or used mobile home for	93710
which the dealer has not obtained a certificate of title in the	93711
name of the dealer and the attorney general has not paid a retail	93712
purchaser of the dealer under division (C) of this section within	93713
three years prior to such date, the dealer pays one hundred fifty	93714
dollars to the attorney general for deposit into the title defect	93715
recision fund created by section 1345.52 of the Revised Code.	93716

(2) The dealer or person acting on behalf of the dealer	93717
possesses a bill of sale for each motor vehicle, used manufactured	93718
home, and used mobile home proposed to be displayed, offered for	93719
sale, or sold under this section and a properly executed power of	93720
attorney or other related documents from the prior owner of the	93721
motor vehicle, manufactured home, or mobile home giving the dealer	93722
or person acting on behalf of the dealer authority to have a	93723
certificate of title to the motor vehicle, manufactured home, or	93724
mobile home issued in the name of the dealer, and retains copies	93725
of all such documents in the dealer's or person's files until such	93726
time as a certificate of title in the dealer's name is issued for	93727
each such motor vehicle, manufactured home, or mobile home by the	93728
clerk of the court of common pleas. Such documents shall be	93729
available for inspection by the bureau of motor vehicles and the	93730
manufactured homes commission during normal business hours.	93731

(B) If a retail purchaser purchases a motor vehicle, used	93732
manufactured home, or used mobile home for which the dealer,	93733
pursuant to and in accordance with division (A) of this section,	93734
does not have a certificate of title issued in the name of the	93735
dealer at the time of the sale, the retail purchaser has an	93736
unconditional right to rescind the transaction and the dealer has	93737
an obligation to refund to the retail purchaser the full purchase	93738
price of the vehicle, if one of the following applies:	93739

(1) The dealer fails, on or before the fortieth day following	93740
the date of the sale, to obtain a title in the name of the retail	93741
purchaser.	93742

(2) The title for the vehicle indicates that it is a rebuilt	93743
salvage vehicle, and the fact that it is a rebuilt salvage vehicle	93744
was not disclosed to the retail purchaser in writing prior to the	93745
execution of the purchase agreement.	93746

(3) The title for the vehicle indicates that the dealer has	93747
made an inaccurate odometer disclosure to the retail purchaser.	93748

(4) The motor vehicle is a used manufactured home or used	93749
mobile home, as defined by section 5739.021 of the Revised Code,	93750
that has been repossessed under Chapter 1309. or 1317. of the	93751
Revised Code, but a certificate of title for the repossessed home	93752
has not yet been transferred by the repossessing party to the	93753
dealer on the date the retail purchaser purchases the used	93754
manufactured home or used mobile home from the dealer, and the	93755
dealer fails to obtain a certificate of title on or before the	93756
fortieth day after the dealer obtains the certificate of title for	93757
the home from the repossessing party or the date on which an	93758
occupancy permit for the home is delivered to the purchaser by the	93759
appropriate legal authority, whichever occurs later.	93760

If any of the circumstances described in divisions (B)(1) to	93761
~~(3)~~(4) of this section applies, a retail purchaser or the retail	93762
purchaser's representative shall notify the dealer and afford the	93763
dealer the opportunity to comply with the dealer's obligation to	93764
refund the full purchase price of the motor vehicle. Nothing in	93765
this division shall be construed as prohibiting the dealer and the	93766
retail purchaser or their representatives from negotiating a	93767
compromise resolution that is satisfactory to both parties.	93768

(C) If a retail purchaser notifies a dealer of one or more of	93769
the circumstances listed in division (B) of this section and the	93770
dealer fails to refund to the retail purchaser the full purchase	93771
price of the vehicle or reach a satisfactory compromise with the	93772
retail purchaser within three business days of presentation of the	93773
retail purchaser's recision claim, the retail purchaser may apply	93774
to the attorney general for payment from the fund of the full	93775
purchase price to the retail purchaser.	93776

(D) Upon application by a retail purchaser for payment from	93777
the fund, if the attorney general is satisfied that one or more of	93778
the circumstances contained in divisions (B)(1) to ~~(3)~~(4) of this	93779
section exist, the attorney general shall cause the full purchase	93780
price of the vehicle, manufactured home, or mobile home to be paid	93781
to the retail purchaser from the fund after delivery of the	93782
vehicle, manufactured home, or mobile home to the attorney	93783
general. The attorney general may sell or otherwise dispose of any	93784
vehicle, manufactured home, or mobile home that is delivered to	93785
the attorney general under this section, and may collect the	93786
proceeds of any bond posted under division (A) of this section by	93787
a dealer who has failed to comply with division (C) of this	93788
section. The proceeds from all such sales and collections shall	93789
be deposited into the title defect recision fund for use as	93790
specified in section 1345.52 of the Revised Code.	93791

(E) Failure by a dealer to comply with division (A) or (B) of	93792
this section constitutes a deceptive act or practice in connection	93793
with a consumer transaction, and is a violation of section 1345.02	93794
of the Revised Code.	93795

(F) The remedy provided in this section to retail purchasers	93796
is in addition to any remedies otherwise available to the retail	93797
purchaser for the same conduct of the dealer or person acting on	93798
behalf of the dealer under federal law or the laws of this state	93799
or a political subdivision of this state.	93800

(G) All motor vehicle dealers licensed under Chapter 4517. of	93801
the Revised Code and manufactured housing dealers licensed under	93802
Chapter 4781. of the Revised Code shall pay to the attorney	93803
general for deposit into the title defect recision fund the amount	93804
described in division (A)(1)(b) of this section beginning with the	93805
calendar year during which this section becomes effective and each	93806
year subsequent to that year until the balance in the fund is not	93807
less than three hundred thousand dollars. All such dealers also	93808
shall pay to the attorney general for deposit into the fund that	93809
amount during any year and subsequent years during which the	93810
balance in the fund is less than three hundred thousand dollars	93811
until the balance in the fund reaches three hundred thousand	93812
dollars.	93813

If a motor vehicle dealer or manufactured housing dealer	93814
fails to comply with this division, the attorney general may bring	93815
a civil action in a court of competent jurisdiction to collect the	93816
amount the dealer failed to pay to the attorney general for	93817
deposit into the fund.	93818

Sec. 4505.20. (A) Notwithstanding division (A)(2) of section	93819
4505.18 of the Revised Code or any other provision of this chapter	93820
or Chapter 4517. of the Revised Code, a secured party may	93821
designate ~~any~~a manufactured housing dealer to display, display	93822
for sale, or sell a manufactured or mobile home if the home has	93823
come into the possession of that secured party by a default in the	93824
terms of a security instrument and the certificate of title	93825
remains in the name and possession of the secured party.	93826

(B) Notwithstanding division (A)(2) of section 4505.18 of the	93827
Revised Code or any other provision of this chapter or Chapter	93828
4517. of the Revised Code, the owner of a recreational vehicle or	93829
a secured party of a recreational vehicle who has come into	93830
possession of the vehicle by a default in the terms of a security	93831
instrument, may designate ~~any~~a new motor vehicle dealer to	93832
display, display for sale, or sell the vehicle while the	93833
certificate of title remains in the possession of the owner or	93834
secured party. No new motor vehicle dealer may display or offer	93835
for sale more than five recreational vehicles at any time under	93836
this division. No new motor vehicle dealer may display or offer	93837
for sale a recreational vehicle under this division unless the new	93838
motor vehicle dealer maintains insurance or the bond of a surety	93839
company authorized to transact business within this state in an	93840
amount sufficient to satisfy the fair market value of the vehicle.	93841

(C) ~~The registrar of motor vehicles may adopt rules in~~	93842
~~accordance with Chapter 119. of the Revised Code prescribing the~~	93843
~~maximum number of manufactured or mobile homes that have come into~~	93844
~~the possession of a secured party by a default in the terms of a~~	93845
~~security instrument that any dealer may display or offer for sale~~	93846
~~at any time.~~ The registrar may adopt ~~other~~ reasonable rules	93847
regarding the resale of ~~such manufactured homes, mobile homes, and~~	93848
recreational vehicles that the registrar considers necessary.	93849

(D) The manufactured housing dealer or new motor vehicle	93850
secured party or owner shall provide the dealer with written	93851
authorization to display, display for sale, or sell the	93852
manufactured home, mobile home, or recreational vehicle. The	93853
manufactured housing dealer or new motor vehicle dealer shall show	93854
and explain the written authorization to any prospective	93855
purchaser. The written authorization shall contain the vehicle	93856
identification number, make, model, year of manufacture, and	93857
physical description of the manufactured home, mobile home, or	93858
recreational vehicle that is provided to the manufactured housing	93859
dealer or new motor vehicle dealer.	93860

(E) ~~As used in this section, "dealer" means a new motor~~	93861
~~vehicle dealer that is licensed under Chapter 4517. of the~~	93862
~~Revised Code.~~	93863

~~(F)~~ Whoever violates this section shall be fined not more	93864
than two hundred dollars, imprisoned not more than ninety days, or	93865
both.	93866

Sec. 4507.02. (A)(1) No person shall permit the operation	93867
of a motor vehicle upon any public or private property used by the	93868
public for purposes of vehicular travel or parking knowing the	93869
operator does not have a valid driver's license issued to the	93870
operator by the registrar of motor vehicles under this chapter or	93871
a valid commercial driver's license issued under Chapter 4506. of	93872
the Revised Code. Whoever violates this division is guilty of aan	93873
unclassified misdemeanor ~~of the first degree~~. The offender may be	93874
fined up to one thousand dollars and pursuant to division (B) of	93875
section 2929.27 of the Revised Code additionally may be ordered to	93876
serve a term of community service of up to five hundred hours. If	93877
the offender previously was convicted of or pleaded guilty to two	93878
or more violations of this section or a substantially equivalent	93879
municipal ordinance within the past three years, the offense is a	93880
misdemeanor of the first degree.	93881

(2) No person shall receive a driver's license, or a	93882
motorcycle operator's endorsement of a driver's or commercial	93883
driver's license, unless and until the person surrenders to the	93884
registrar all valid licenses issued to the person by another	93885
jurisdiction recognized by this state. The registrar shall report	93886
the surrender of a license to the issuing authority, together with	93887
information that a license is now issued in this state. The	93888
registrar shall destroy any such license that is not returned to	93889
the issuing authority. No person shall be permitted to have more	93890
than one valid license at any time.	93891

(B)(1) If a person is convicted of a violation of section	93892
4510.11, 4510.14, 4510.16 when division (B)(3) of that section	93893
applies, or 4510.21 of the Revised Code or if division (F) of	93894
section 4507.164 of the Revised Code applies, the trial judge of	93895
any court, in addition to or independent of any other penalties	93896
provided by law or ordinance, shall impound the identification	93897
license plates of any motor vehicle registered in the name of the	93898
person. If a person is convicted of a violation of section 4510.16	93899
of the Revised Code and division (B)(2) of that section applies,	93900
the trial judge of any court, in addition to or independent of any	93901
other penalties provided by law or ordinance, may impound the	93902
identification license plates of any motor vehicle registered in	93903
the name of the person. The court shall send the impounded license	93904
plates to the registrar, who may retain the license plates until	93905
the driver's or commercial driver's license of the owner has been	93906
reinstated or destroy them pursuant to section 4503.232 of the	93907
Revised Code.	93908

If the license plates of a person convicted of a violation of	93909
any provision of those sections have been impounded in accordance	93910
with the provisions of this division, the court shall notify the	93911
registrar of that action. The notice shall contain the name and	93912
address of the driver, the serial number of the driver's driver's	93913
or commercial driver's license, the serial numbers of the license	93914
plates of the motor vehicle, and the length of time for which the	93915
license plates have been impounded. The registrar shall record the	93916
data in the notice as part of the driver's permanent record.	93917

(2) Any motor vehicle owner who has had the license plates of	93918
a motor vehicle impounded pursuant to division (B)(1) of this	93919
section may apply to the registrar, or to a deputy registrar, for	93920
restricted license plates that shall conform to the requirements	93921
of section 4503.231 of the Revised Code. The registrar or deputy	93922
registrar forthwith shall notify the court of the application and,	93923
upon approval of the court, shall issue restricted license plates	93924
to the applicant. Until the driver's or commercial driver's	93925
license of the owner is reinstated, any new license plates issued	93926
to the owner also shall conform to the requirements of section	93927
4503.231 of the Revised Code.	93928

The registrar or deputy registrar shall charge the owner of a	93929
vehicle the fees provided in section 4503.19 of the Revised Code	93930
for restricted license plates that are issued in accordance with	93931
this division, except upon renewal as specified in section 4503.10	93932
of the Revised Code, when the regular fee as provided in section	93933
4503.04 of the Revised Code shall be charged. The registrar or	93934
deputy registrar shall charge the owner of a vehicle the fees	93935
provided in section 4503.19 of the Revised Code whenever	93936
restricted license plates are exchanged, by reason of the	93937
reinstatement of the driver's or commercial driver's license of	93938
the owner, for those ordinarily issued.	93939

(3) If an owner wishes to sell a motor vehicle during the	93940
time the restricted license plates provided under division (B)(2)	93941
of this section are in use, the owner may apply to the court that	93942
impounded the license plates of the motor vehicle for permission	93943
to transfer title to the motor vehicle. If the court is satisfied	93944
that the sale will be made in good faith and not for the purpose	93945
of circumventing the provisions of this section, it may certify	93946
its consent to the owner and to the registrar of motor vehicles	93947
who shall enter notice of the transfer of the title of the motor	93948
vehicle in the vehicle registration record.	93949

If, during the time the restricted license plates provided	93950
under division (B)(2) of this section are in use, the title to a	93951
motor vehicle is transferred by the foreclosure of a chattel	93952
mortgage, a sale upon execution, the cancellation of a conditional	93953
sales contract, or by order of a court, the court shall notify the	93954
registrar of the action and the registrar shall enter notice of	93955
the transfer of the title to the motor vehicle in the vehicle	93956
registration record.	93957

(C) This section is not intended to change or modify any	93958
provision of Chapter 4503. of the Revised Code with respect to the	93959
taxation of motor vehicles or the time within which the taxes on	93960
motor vehicles shall be paid.	93961

Sec. 4507.03. (A)(1) No person shall be required to obtain	93962
a driver's or commercial driver's license for the purpose of	93963
temporarily driving, operating, drawing, moving, or propelling a	93964
road roller or road machinery upon a street or highway.	93965

(2) No person shall be required to obtain a driver's or	93966
commercial driver's license for the purpose of temporarily	93967
driving, operating, drawing, moving, or propelling any	93968
agricultural tractor or implement of husbandry upon a street or	93969
highway at a speed of twenty-five miles per hour or less.	93970

(3) No person shall drive, operate, draw, move, or propel any	93971
agricultural tractor or implement of husbandry upon a street or	93972
highway at a speed greater than twenty-five miles per hour unless	93973
the person has a current, valid driver's or commercial driver's	93974
license.	93975

(4) No person having a valid driver's or commercial driver's	93976
license shall be required to have a motorcycle operator's	93977
endorsement to operate a motorcycle having three wheels with a	93978
motor of not more than fifty cubic centimeters piston	93979
displacement.	93980

(B) Every person on active duty in the armed forces of the	93981
United States, when furnished with a driver's permit and when	93982
operating an official motor vehicle in connection with such duty,	93983
is exempt from the license requirements of Chapters 4506. and	93984
4507. of the Revised Code.	93985

Every person on active duty in the armed forces of the United	93986
States or in service with the peace corps, volunteers in service	93987
to America, or the foreign service of the United States is exempt	93988
from the license requirements of those chapters for the period of	93989
the person's active duty or service and for six months	93990
thereafter, provided the person was a licensee under those	93991
chapters at the time the person commenced ~~his~~the person's active	93992
duty or service. The spouse or a dependent of any such person on	93993
active duty or in service also is exempt from the license	93994
requirements of those chapters for the period of the person's	93995
active duty or service and for six months thereafter, provided	93996
the spouse or dependent was a licensee under those chapters at	93997
the time the person commenced the active duty or service, and	93998
provided further that the person's active duty or service causes	93999
the spouse or dependent to relocate outside of this state during	94000
the period of the active duty or service.	94001

This section does not prevent such a person or ~~his~~the	94002
person's spouse or dependent from making an application, as	94003
provided in division (C) of section 4507.10 of the Revised Code,	94004
for the renewal of a driver's license or motorcycle operator's	94005
endorsement or as provided in section 4506.14 of the Revised Code	94006
for the renewal of a commercial driver's license during the	94007
period of the person's active duty or service.	94008

(C) Whoever violates division (A)(3) of this section is	94009
guilty of a misdemeanor of the first degree.	94010

Sec. 4507.23. (A) Except as provided in division (J) of this	94011
section, each application for a temporary instruction permit and	94012
examination shall be accompanied by a fee of five dollars.	94013

(B) Except as provided in division (J) of this section, each	94014
application for a driver's license made by a person who	94015
previously held such a license and whose license has expired not	94016
more than two years prior to the date of application, and who is	94017
required under this chapter to give an actual demonstration of the	94018
person's ability to drive, shall be accompanied by a fee of three	94019
dollars in addition to any other fees.	94020

(C)(1) Except as provided in divisions (E) and (J) of this	94021
section, each application for a driver's license, or motorcycle	94022
operator's endorsement, or renewal of a driver's license shall be	94023
accompanied by a fee of six dollars.	94024

(2) Except as provided in division ~~(I)~~(J) of this section,	94025
each application for a duplicate driver's license shall be	94026
accompanied by a fee of seven dollars and fifty cents. The	94027
duplicate driver's licenses issued under this section shall be	94028
distributed by the deputy registrar in accordance with rules	94029
adopted by the registrar of motor vehicles.	94030

(D) Except as provided in division (J) of this section, each	94031
application for a motorized bicycle license or duplicate thereof	94032
shall be accompanied by a fee of two dollars and fifty cents.	94033

(E) Except as provided in division (J) of this section, each	94034
application for a driver's license or renewal of a driver's	94035
license that will be issued to a person who is less than	94036
twenty-one years of age shall be accompanied by whichever of the	94037
following fees is applicable:	94038

(1) If the person is sixteen years of age or older, but less	94039
than seventeen years of age, a fee of seven dollars and	94040
twenty-five cents;	94041

(2) If the person is seventeen years of age or older, but	94042
less than eighteen years of age, a fee of six dollars;	94043

(3) If the person is eighteen years of age or older, but less	94044
than nineteen years of age, a fee of four dollars and seventy-five	94045
cents;	94046

(4) If the person is nineteen years of age or older, but less	94047
than twenty years of age, a fee of three dollars and fifty cents;	94048

(5) If the person is twenty years of age or older, but less	94049
than twenty-one years of age, a fee of two dollars and twenty-five	94050
cents.	94051

(F) Neither the registrar nor any deputy registrar shall	94052
charge a fee in excess of one dollar and fifty cents for	94053
laminating a driver's license, motorized bicycle license, or	94054
temporary instruction permit identification cards as required by	94055
sections 4507.13 and 4511.521 of the Revised Code. A deputy	94056
registrar laminating a driver's license, motorized bicycle	94057
license, or temporary instruction permit identification cards	94058
shall retain the entire amount of the fee charged for lamination,	94059
less the actual cost to the registrar of the laminating materials	94060
used for that lamination, as specified in the contract executed by	94061
the bureau for the laminating materials and laminating equipment.	94062
The deputy registrar shall forward the amount of the cost of the	94063
laminating materials to the registrar for deposit as provided in	94064
this section.	94065

(G) Except as provided in division (J) of this section and	94066
except for the renewal of a driver's license, commencing on	94067
October 1, 2003, each transaction described in divisions (A), (B),	94068
(C), (D), and (E) of this section shall be accompanied by an	94069
additional fee of twelve dollars. A transaction involving the	94070
renewal of a driver's license with an expiration date on or after	94071
that date shall be accompanied by an additional fee of twelve	94072
dollars. The additional fee is for the purpose of defraying the	94073
department of public safety's costs associated with the	94074
administration and enforcement of the motor vehicle and traffic	94075
laws of Ohio.	94076

(H) Except as provided in division (J) of this section,	94077
commencing on October 1, 2009, if an application for a driver's	94078
license or motorcycle operator's endorsement made by a person who	94079
previously held such a license is not applied for within the	94080
period specified in section 4507.09 of the Revised Code or within	94081
seven days after the period so specified, the registrar or	94082
deputy registrar shall collect a fee of twenty dollars for the	94083
issuance of the driver's license or motorcycle endorsement, but	94084
may waive the fee for good cause shown if the application is	94085
accompanied by supporting evidence as the registrar may require.	94086
The fee shall be in addition to all other fees established by	94087
this section. A deputy registrar collecting this twenty dollar	94088
fee shall retain fifty cents and send the remaining fee to the	94089
registrar as specified in division (I) of this section.	94090

(I) At the time and in the manner provided by section 4503.10	94091
of the Revised Code, the deputy registrar shall transmit the fees	94092
collected under divisions (A), (B), (C), (D), and (E), those	94093
portions of the fees specified in and collected under division	94094
(F), and the additional fee under divisions (G) and (H) of this	94095
section to the registrar. The registrar shall pay two dollars and	94096
fifty cents of each fee collected under divisions (A), (B),	94097
(C)(1) and (2), (D), and (E)(1) to (4) of this section, and the	94098
entire fee collected under division (E)(5) of this section, into	94099
the state highway safety fund established in section 4501.06 of	94100
the Revised Code, and such fees shall be used for the sole	94101
purpose of supporting driver licensing activities. The registrar	94102
also shall pay five dollars of each fee collected under division	94103
(C)(2) of this section and the entire fee collected under	94104
divisions (G) and (H) of this section into the state highway	94105
safety fund created in section 4501.06 of the Revised Code. The	94106
remaining fees collected by the registrar under this section	94107
shall be paid into the state bureau of motor vehicles fund	94108
established in section 4501.25 of the Revised Code.	94109

(J) A disabled veteran who has a service-connected disability	94110
rated at one hundred per cent by the veterans' administration may	94111
apply to the registrar or a deputy registrar for the issuance to	94112
that veteran, without the payment of any fee prescribed in this	94113
section, of any of the following items:	94114

(1) A temporary instruction permit and examination;

94115

(2) A new, renewal, or duplicate driver's or commercial	94116
driver's license;	94117

(3) A motorcycle operator's endorsement;

94118

(4) A motorized bicycle license or duplicate thereof;

94119

(5) The fee established in division (H) of this section;

94120

(6) Lamination of a driver's license, motorized bicycle	94121
license, or temporary instruction permit identification card as	94122
provided in division (F) of this section, if the circumstances	94123
specified in division (J)(6) of this section are met.	94124

A disabled veteran whose driver's license, motorized bicycle	94125
license, or temporary instruction permit identification card is	94126
laminated by the registrar or deputy registrar is not required to	94127
pay the registrar any lamination fee.	94128

An application made under division (J) of this section shall	94129
be accompanied by such documentary evidence of disability as the	94130
registrar may require by rule.	94131

Sec. 4507.24. (A) Except as provided in division (C) of this	94132
section, the registrar of motor vehicles or a deputy registrar	94133
may collect a fee not to exceed the following:	94134

(1) Four dollars and fifty cents commencing on January 1,	94135
2004, and six dollars and twenty-five cents commencing on October	94136
1, 2009, for each application for renewal of a driver's license	94137
received by the deputy registrar, when the applicant is required	94138
to submit to a screening of the applicant's vision under section	94139
4507.12 of the Revised Code;	94140

(2) Three dollars and fifty cents commencing on January 1,	94141
2004, for each application for a driver's license, or motorized	94142
bicycle license, or for renewal of such a license, received by the	94143
deputy registrar, when the applicant is not required to submit to	94144
a screening of the applicant's vision under section 4507.12 of the	94145
Revised Code.	94146

(B) The fees prescribed by division (A) of this section shall	94147
be in addition to the fee for a temporary instruction permit and	94148
examination, a driver's license, a motorized bicycle license, or	94149
duplicates thereof. The fees retained by a deputy registrar shall	94150
compensate the deputy registrar for the deputy registrar's	94151
services, for office and rental expense, and for costs as provided	94152
in division (D) of this section, as are necessary for the proper	94153
discharge of the deputy registrar's duties under sections 4507.01	94154
to 4507.39 of the Revised Code.	94155

(C) A disabled veteran who has a service-connected disability	94156
rated at one hundred per cent by the veterans' administration is	94157
required to pay the applicable fee prescribed in division (A) of	94158
this section if the disabled veteran submits an application for a	94159
driver's license or motorized bicycle license or a renewal of	94160
either of these licenses to a deputy registrar who is acting as a	94161
deputy registrar pursuant to a contract with the registrar that is	94162
in effect on the effective date of this amendment. The disabled	94163
veteran also is required to submit with the disabled veteran's	94164
application such documentary evidence of disability as the	94165
registrar may require by rule.	94166

A disabled veteran who submits an application described in	94167
this division is not required to pay either of the fees prescribed	94168
in division (A) of this section if the disabled veteran submits	94169
the application to a deputy registrar who is acting as a deputy	94170
registrar pursuant to a contract with the registrar that is	94171
executed after the effective date of this amendment. The disabled	94172
veteran still is required to submit with the disabled veteran's	94173
application such documentary evidence of disability as the	94174
registrar may require by rule.	94175

A disabled veteran who submits an application described in	94176
this division directly to the registrar is not required to pay	94177
either of the fees prescribed in division (A) of this section if	94178
the disabled veteran submits with the disabled veteran's	94179
application such documentary evidence of disability as the	94180
registrar may require by rule.	94181

(D)(1) Each deputy registrar shall transmit to the registrar	94182
of motor vehicles, at such time and in such manner as the	94183
registrar shall require by rule, an amount of each fee collected	94184
under division (A)(1) of this section as shall be determined by	94185
the registrar. The registrar shall pay all such moneys so	94186
received into the state bureau of motor vehicles fund created in	94187
section 4501.25 of the Revised Code.	94188

(2) Commencing on October 1, 2009, each deputy registrar	94189
shall transmit one dollar and seventy-five cents of each fee	94190
collected under division (A)(1) of this section to the registrar	94191
at the time and in the manner provided by section 4503.10 of the	94192
Revised Code. The registrar shall deposit all moneys received	94193
under division (D)(2) of this section into the state highway	94194
safety fund established in section 4501.06 of the Revised Code.	94195

Sec. 4507.45. If a person's driver's license, commercial	94196
driver's license, or nonresident operating privilege is suspended,	94197
disqualified, or canceled for an indefinite period of time or for	94198
a period of at least ninety days, and if at the end of the period	94199
of suspension, disqualification, or cancellation the person is	94200
eligible to have the license or privilege reinstated, the	94201
registrar of motor vehicles shall collect a reinstatement fee of	94202
~~thirty~~forty dollars when the person requests reinstatement.	94203
However, the registrar shall not collect the fee prescribed by	94204
this section if a different driver's license, commercial driver's	94205
license, or nonresident operating privilege reinstatement fee is	94206
prescribed by law.	94207

The registrar shall deposit ten dollars of each forty-dollar	94208
fee into the state treasury to the credit of the indigent defense	94209
support fund created by section 120.08 of the Revised Code and	94210
thirty dollars of each fee into the state treasury to the credit	94211
of the state bureau of motor vehicles fund created by section	94212
4501.25 of the Revised Code.	94213

Sec. 4509.101. (A)(1) No person shall operate, or permit the	94214
operation of, a motor vehicle in this state, unless proof of	94215
financial responsibility is maintained continuously throughout the	94216
registration period with respect to that vehicle, or, in the case	94217
of a driver who is not the owner, with respect to that driver's	94218
operation of that vehicle.	94219

(2) Whoever violates division (A)(1) of this section shall be	94220
subject to the following civil penalties:	94221

(a) Subject to divisions (A)(2)(b) and (c) of this section, a	94222
class E suspension of the person's driver's license, commercial	94223
driver's license, temporary instruction permit, probationary	94224
license, or nonresident operating privilege for the period of time	94225
specified in division (B)(5) of section 4510.02 of the Revised	94226
Code and impoundment of the person's license. The court may grant	94227
limited driving privileges to the person only if the person	94228
presents proof of financial responsibility and has complied with	94229
division (A)(5) of this section.	94230

(b) If, within five years of the violation, the person's	94231
operating privileges are again suspended and the person's license	94232
again is impounded for a violation of division (A)(1) of this	94233
section, a class C suspension of the person's driver's license,	94234
commercial driver's license, temporary instruction permit,	94235
probationary license, or nonresident operating privilege for the	94236
period of time specified in division (B)(3) of section 4510.02 of	94237
the Revised Code. The court may grant limited driving privileges	94238
to the person only if the person presents proof of financial	94239
responsibility and has complied with division (A)(5) of this	94240
section, and no court may grant limited driving privileges for the	94241
first fifteen days of the suspension.	94242

(c) If, within five years of the violation, the person's	94243
operating privileges are suspended and the person's license is	94244
impounded two or more times for a violation of division (A)(1) of	94245
this section, a class B suspension of the person's driver's	94246
license, commercial driver's license, temporary instruction	94247
permit, probationary license, or nonresident operating privilege	94248
for the period of time specified in division (B)(2) of section	94249
4510.02 of the Revised Code. No court may grant limited driving	94250
privileges during the suspension.	94251

(d) In addition to the suspension of an owner's license under	94252
division (A)(2)(a), (b), or (c) of this section, the suspension of	94253
the rights of the owner to register the motor vehicle and the	94254
impoundment of the owner's certificate of registration and license	94255
plates until the owner complies with division (A)(5) of this	94256
section.	94257

(3) A person to whom this state has issued a certificate of	94258
registration for a motor vehicle or a license to operate a motor	94259
vehicle or who is determined to have operated any motor vehicle or	94260
permitted the operation in this state of a motor vehicle owned by	94261
the person shall be required to verify the existence of proof of	94262
financial responsibility covering the operation of the motor	94263
vehicle or the person's operation of the motor vehicle under any	94264
of the following circumstances:	94265

(a) The person or a motor vehicle owned by the person is	94266
involved in a traffic accident that requires the filing of an	94267
accident report under section 4509.06 of the Revised Code.	94268

(b) The person receives a traffic ticket indicating that	94269
proof of the maintenance of financial responsibility was not	94270
produced upon the request of a peace officer or state highway	94271
patrol trooper made in accordance with division (D)(2) of this	94272
section.	94273

(c) Whenever, in accordance with rules adopted by the	94274
registrar, the person is randomly selected by the registrar and	94275
requested to provide such verification.	94276

(4) An order of the registrar that suspends and impounds a	94277
license or registration, or both, shall state the date on or	94278
before which the person is required to surrender the person's	94279
license or certificate of registration and license plates. The	94280
person is deemed to have surrendered the license or certificate of	94281
registration and license plates, in compliance with the order, if	94282
the person does either of the following:	94283

(a) On or before the date specified in the order, personally	94284
delivers the license or certificate of registration and license	94285
plates, or causes the delivery of the items, to the registrar;	94286

(b) Mails the license or certificate of registration and	94287
license plates to the registrar in an envelope or container	94288
bearing a postmark showing a date no later than the date specified	94289
in the order.	94290

(5) Except as provided in division (A)(6) or (L) of this	94291
section, the registrar shall not restore any operating privileges	94292
or registration rights suspended under this section, return any	94293
license, certificate of registration, or license plates impounded	94294
under this section, or reissue license plates under section	94295
4503.232 of the Revised Code, if the registrar destroyed the	94296
impounded license plates under that section, or reissue a license	94297
under section 4510.52 of the Revised Code, if the registrar	94298
destroyed the suspended license under that section, unless the	94299
rights are not subject to suspension or revocation under any other	94300
law and unless the person, in addition to complying with all other	94301
conditions required by law for reinstatement of the operating	94302
privileges or registration rights, complies with all of the	94303
following:	94304

(a) Pays a financial responsibility reinstatement fee of	94305
~~seventy-five~~one hundred dollars for the first violation of	94306
division (A)(1) of this section, ~~two~~three hundred ~~fifty~~ dollars	94307
for a second violation of that division, and ~~five~~six hundred	94308
dollars for a third or subsequent violation of that division;	94309

(b) If the person has not voluntarily surrendered the	94310
license, certificate, or license plates in compliance with the	94311
order, pays a financial responsibility nonvoluntary compliance fee	94312
in an amount, not to exceed fifty dollars, determined by the	94313
registrar;	94314

(c) Files and continuously maintains proof of financial	94315
responsibility under sections 4509.44 to 4509.65 of the Revised	94316
Code.	94317

(6) If the registrar issues an order under division (A)(2) of	94318
this section resulting from the failure of a person to respond to	94319
a financial responsibility random verification request under	94320
division (A)(3)(c) of this section and the person successfully	94321
maintains an affirmative defense to a violation of section 4510.16	94322
of the Revised Code or is determined by the registrar or a deputy	94323
registrar to have been in compliance with division (A)(1) of this	94324
section at the time of the initial financial responsibility random	94325
verification request, the registrar shall do both of the	94326
following:	94327

(a) Terminate the order of suspension or impoundment;

94328

(b) Restore the operating privileges and registration rights	94329
of the person without payment of the fees established in divisions	94330
(A)(5)(a) and (b) of this section and without a requirement to	94331
file proof of financial responsibility.	94332

(B)(1) Every party required to file an accident report under	94333
section 4509.06 of the Revised Code also shall include with the	94334
report a document described in division (G)(1) of this section.	94335

If the registrar determines, within forty-five days after the	94336
report is filed, that an operator or owner has violated division	94337
(A)(1) of this section, the registrar shall do all of the	94338
following:	94339

(a) Order the impoundment, with respect to the motor vehicle	94340
involved, required under division (A)(2)(d) of this section, of	94341
the certificate of registration and license plates of any owner	94342
who has violated division (A)(1) of this section;	94343

(b) Order the suspension required under division (A)(2)(a),	94344
(b), or (c) of this section of the license of any operator or	94345
owner who has violated division (A)(1) of this section;	94346

(c) Record the name and address of the person whose	94347
certificate of registration and license plates have been impounded	94348
or are under an order of impoundment, or whose license has been	94349
suspended or is under an order of suspension; the serial number of	94350
the person's license; the serial numbers of the person's	94351
certificate of registration and license plates; and the person's	94352
social security account number, if assigned, or, where the motor	94353
vehicle is used for hire or principally in connection with any	94354
established business, the person's federal taxpayer identification	94355
number. The information shall be recorded in such a manner that it	94356
becomes a part of the person's permanent record, and assists the	94357
registrar in monitoring compliance with the orders of suspension	94358
or impoundment.	94359

(d) Send written notification to every person to whom the	94360
order pertains, at the person's last known address as shown on the	94361
records of the bureau. The person, within ten days after the date	94362
of the mailing of the notification, shall surrender to the	94363
registrar, in a manner set forth in division (A)(4) of this	94364
section, any certificate of registration and registration plates	94365
under an order of impoundment, or any license under an order of	94366
suspension.	94367

(2) The registrar shall issue any order under division (B)(1)	94368
of this section without a hearing. Any person adversely affected	94369
by the order, within ten days after the issuance of the order, may	94370
request an administrative hearing before the registrar, who shall	94371
provide the person with an opportunity for a hearing in accordance	94372
with this paragraph. A request for a hearing does not operate as a	94373
suspension of the order. The scope of the hearing shall be limited	94374
to whether the person in fact demonstrated to the registrar proof	94375
of financial responsibility in accordance with this section. The	94376
registrar shall determine the date, time, and place of any	94377
hearing, provided that the hearing shall be held, and an order	94378
issued or findings made, within thirty days after the registrar	94379
receives a request for a hearing. If requested by the person in	94380
writing, the registrar may designate as the place of hearing the	94381
county seat of the county in which the person resides or a place	94382
within fifty miles of the person's residence. The person shall pay	94383
the cost of the hearing before the registrar, if the registrar's	94384
order of suspension or impoundment is upheld.	94385

(C) Any order of suspension or impoundment issued under this	94386
section or division (B) of section 4509.37 of the Revised Code may	94387
be terminated at any time if the registrar determines upon a	94388
showing of proof of financial responsibility that the operator or	94389
owner of the motor vehicle was in compliance with division (A)(1)	94390
of this section at the time of the traffic offense, motor vehicle	94391
inspection, or accident that resulted in the order against the	94392
person. A determination may be made without a hearing. This	94393
division does not apply unless the person shows good cause for the	94394
person's failure to present satisfactory proof of financial	94395
responsibility to the registrar prior to the issuance of the	94396
order.	94397

(D)(1) For the purpose of enforcing this section, every peace	94398
officer is deemed an agent of the registrar.	94399

(a) Except as provided in division (D)(1)(b) of this section,	94400
any peace officer who, in the performance of the peace officer's	94401
duties as authorized by law, becomes aware of a person whose	94402
license is under an order of suspension, or whose certificate of	94403
registration and license plates are under an order of impoundment,	94404
pursuant to this section, may confiscate the license, certificate	94405
of registration, and license plates, and return them to the	94406
registrar.	94407

(b) Any peace officer who, in the performance of the peace	94408
officer's duties as authorized by law, becomes aware of a person	94409
whose license is under an order of suspension, or whose	94410
certificate of registration and license plates are under an order	94411
of impoundment resulting from failure to respond to a financial	94412
responsibility random verification, shall not, for that reason,	94413
arrest the owner or operator or seize the vehicle or license	94414
plates. Instead, the peace officer shall issue a citation for a	94415
violation of section 4510.16 of the Revised Code specifying the	94416
circumstances as failure to respond to a financial responsibility	94417
random verification.	94418

(2) A peace officer shall request the owner or operator of a	94419
motor vehicle to produce proof of financial responsibility in a	94420
manner described in division (G) of this section at the time the	94421
peace officer acts to enforce the traffic laws of this state and	94422
during motor vehicle inspections conducted pursuant to section	94423
4513.02 of the Revised Code.	94424

(3) A peace officer shall indicate on every traffic ticket	94425
whether the person receiving the traffic ticket produced proof of	94426
the maintenance of financial responsibility in response to the	94427
officer's request under division (D)(2) of this section. The	94428
peace officer shall inform every person who receives a traffic	94429
ticket and who has failed to produce proof of the maintenance of	94430
financial responsibility that the person must submit proof to the	94431
traffic violations bureau with any payment of a fine and costs for	94432
the ticketed violation or, if the person is to appear in court for	94433
the violation, the person must submit proof to the court.	94434

(4)(a) If a person who has failed to produce proof of the	94435
maintenance of financial responsibility appears in court for a	94436
ticketed violation, the court may permit the defendant to present	94437
evidence of proof of financial responsibility to the court at such	94438
time and in such manner as the court determines to be necessary or	94439
appropriate. In a manner prescribed by the registrar, the clerk of	94440
courts shall provide the registrar with the identity of any person	94441
who fails to submit proof of the maintenance of financial	94442
responsibility pursuant to division (D)(3) of this section.	94443

(b) If a person who has failed to produce proof of the	94444
maintenance of financial responsibility also fails to submit that	94445
proof to the traffic violations bureau with payment of a fine and	94446
costs for the ticketed violation, the traffic violations bureau,	94447
in a manner prescribed by the registrar, shall notify the	94448
registrar of the identity of that person.	94449

(5)(a) Upon receiving notice from a clerk of courts or	94450
traffic violations bureau pursuant to division (D)(4) of this	94451
section, the registrar shall order the suspension of the license	94452
of the person required under division (A)(2)(a), (b), or (c) of	94453
this section and the impoundment of the person's certificate of	94454
registration and license plates required under division (A)(2)(d)	94455
of this section, effective thirty days after the date of the	94456
mailing of notification. The registrar also shall notify the	94457
person that the person must present the registrar with proof of	94458
financial responsibility in accordance with this section,	94459
surrender to the registrar the person's certificate of	94460
registration, license plates, and license, or submit a statement	94461
subject to section 2921.13 of the Revised Code that the person did	94462
not operate or permit the operation of the motor vehicle at the	94463
time of the offense. Notification shall be in writing and shall	94464
be sent to the person at the person's last known address as shown	94465
on the records of the bureau of motor vehicles. The person, within	94466
fifteen days after the date of the mailing of notification, shall	94467
present proof of financial responsibility, surrender the	94468
certificate of registration, license plates, and license to the	94469
registrar in a manner set forth in division (A)(4) of this	94470
section, or submit the statement required under this section	94471
together with other information the person considers appropriate.	94472

If the registrar does not receive proof or the person does	94473
not surrender the certificate of registration, license plates, and	94474
license, in accordance with this division, the registrar shall	94475
permit the order for the suspension of the license of the person	94476
and the impoundment of the person's certificate of registration	94477
and license plates to take effect.	94478

(b) In the case of a person who presents, within the	94479
fifteen-day period, documents to show proof of financial	94480
responsibility, the registrar shall terminate the order of	94481
suspension and the impoundment of the registration and license	94482
plates required under division (A)(2)(d) of this section and shall	94483
send written notification to the person, at the person's last	94484
known address as shown on the records of the bureau.	94485

(c) Any person adversely affected by the order of the	94486
registrar under division (D)(5)(a) or (b) of this section, within	94487
ten days after the issuance of the order, may request an	94488
administrative hearing before the registrar, who shall provide the	94489
person with an opportunity for a hearing in accordance with this	94490
paragraph. A request for a hearing does not operate as a	94491
suspension of the order. The scope of the hearing shall be limited	94492
to whether, at the time of the hearing, the person presents proof	94493
of financial responsibility covering the vehicle and whether the	94494
person is eligible for an exemption in accordance with this	94495
section or any rule adopted under it. The registrar shall	94496
determine the date, time, and place of any hearing; provided, that	94497
the hearing shall be held, and an order issued or findings made,	94498
within thirty days after the registrar receives a request for a	94499
hearing. If requested by the person in writing, the registrar may	94500
designate as the place of hearing the county seat of the county in	94501
which the person resides or a place within fifty miles of the	94502
person's residence. Such person shall pay the cost of the hearing	94503
before the registrar, if the registrar's order of suspension or	94504
impoundment under division (D)(5)(a) or (b) of this section is	94505
upheld.	94506

(6) A peace officer may charge an owner or operator of a	94507
motor vehicle with a violation of section 4510.16 of the Revised	94508
Code when the owner or operator fails to show proof of the	94509
maintenance of financial responsibility pursuant to a peace	94510
officer's request under division (D)(2) of this section, if a	94511
check of the owner or operator's driving record indicates that the	94512
owner or operator, at the time of the operation of the motor	94513
vehicle, is required to file and maintain proof of financial	94514
responsibility under section 4509.45 of the Revised Code for a	94515
previous violation of this chapter.	94516

(7) Any forms used by law enforcement agencies in	94517
administering this section shall be prescribed, supplied, and paid	94518
for by the registrar.	94519

(8) No peace officer, law enforcement agency employing a	94520
peace officer, or political subdivision or governmental agency	94521
that employs a peace officer shall be liable in a civil action for	94522
damages or loss to persons arising out of the performance of any	94523
duty required or authorized by this section.	94524

(9) As used in this division and divisions (E) and (G) of	94525
this section, "peace officer" has the meaning set forth in section	94526
2935.01 of the Revised Code.	94527

(E) All fees, except court costs and those portions of the	94528
financial responsibility reinstatement fees as otherwise specified	94529
in this division, collected under this section shall be paid into	94530
the state treasury to the credit of the financial responsibility	94531
compliance fund. The financial responsibility compliance fund	94532
shall be used exclusively to cover costs incurred by the bureau in	94533
the administration of this section and sections 4503.20, 4507.212,	94534
and 4509.81 of the Revised Code, and by any law enforcement agency	94535
employing any peace officer who returns any license, certificate	94536
of registration, and license plates to the registrar pursuant to	94537
division (C) of this section, except that the director of budget	94538
and management may transfer excess money from the financial	94539
responsibility compliance fund to the state bureau of motor	94540
vehicles fund if the registrar determines that the amount of money	94541
in the financial responsibility compliance fund exceeds the amount	94542
required to cover such costs incurred by the bureau or a law	94543
enforcement agency and requests the director to make the transfer.	94544

Of each financial responsibility reinstatement fee the	94545
registrar collects pursuant to division (A)(5)(a) of this section,	94546
the registrar shall deposit twenty-five dollars of each	94547
one-hundred-dollar reinstatement fee, fifty dollars of each	94548
three-hundred-dollar reinstatement fee, and one hundred dollars of	94549
each six-hundred-dollar reinstatement fee into the state treasury	94550
to the credit of the indigent defense support fund created by	94551
section 120.08 of the Revised Code.	94552

All investment earnings of the financial responsibility	94553
compliance fund shall be credited to the fund.	94554

(F) Chapter 119. of the Revised Code applies to this section	94555
only to the extent that any provision in that chapter is not	94556
clearly inconsistent with this section.	94557

(G)(1) The registrar, court, traffic violations bureau, or	94558
peace officer may require proof of financial responsibility to be	94559
demonstrated by use of a standard form prescribed by the	94560
registrar. If the use of a standard form is not required, a person	94561
may demonstrate proof of financial responsibility under this	94562
section by presenting to the traffic violations bureau, court,	94563
registrar, or peace officer any of the following documents or a	94564
copy of the documents:	94565

(a) A financial responsibility identification card as	94566
provided in section 4509.103 of the Revised Code;	94567

(b) A certificate of proof of financial responsibility on a	94568
form provided and approved by the registrar for the filing of an	94569
accident report required to be filed under section 4509.06 of the	94570
Revised Code;	94571

(c) A policy of liability insurance, a declaration page of a	94572
policy of liability insurance, or liability bond, if the policy or	94573
bond complies with section 4509.20 or sections 4509.49 to 4509.61	94574
of the Revised Code;	94575

(d) A bond or certification of the issuance of a bond as	94576
provided in section 4509.59 of the Revised Code;	94577

(e) A certificate of deposit of money or securities as	94578
provided in section 4509.62 of the Revised Code;	94579

(f) A certificate of self-insurance as provided in section	94580
4509.72 of the Revised Code.	94581

(2) If a person fails to demonstrate proof of financial	94582
responsibility in a manner described in division (G)(1) of this	94583
section, the person may demonstrate proof of financial	94584
responsibility under this section by any other method that the	94585
court or the bureau, by reason of circumstances in a particular	94586
case, may consider appropriate.	94587

(3) A motor carrier certificated by the interstate commerce	94588
commission or by the public utilities commission may demonstrate	94589
proof of financial responsibility by providing a statement	94590
designating the motor carrier's operating authority and averring	94591
that the insurance coverage required by the certificating	94592
authority is in full force and effect.	94593

(4)(a) A finding by the registrar or court that a person is	94594
covered by proof of financial responsibility in the form of an	94595
insurance policy or surety bond is not binding upon the named	94596
insurer or surety or any of its officers, employees, agents, or	94597
representatives and has no legal effect except for the purpose of	94598
administering this section.	94599

(b) The preparation and delivery of a financial	94600
responsibility identification card or any other document	94601
authorized to be used as proof of financial responsibility under	94602
this division does not do any of the following:	94603

(i) Create any liability or estoppel against an insurer or	94604
surety, or any of its officers, employees, agents, or	94605
representatives;	94606

(ii) Constitute an admission of the existence of, or of any	94607
liability or coverage under, any policy or bond;	94608

(iii) Waive any defenses or counterclaims available to an	94609
insurer, surety, agent, employee, or representative in an action	94610
commenced by an insured or third-party claimant upon a cause of	94611
action alleged to have arisen under an insurance policy or surety	94612
bond or by reason of the preparation and delivery of a document	94613
for use as proof of financial responsibility.	94614

(c) Whenever it is determined by a final judgment in a	94615
judicial proceeding that an insurer or surety, which has been	94616
named on a document accepted by a court or the registrar as proof	94617
of financial responsibility covering the operation of a motor	94618
vehicle at the time of an accident or offense, is not liable to	94619
pay a judgment for injuries or damages resulting from such	94620
operation, the registrar, notwithstanding any previous contrary	94621
finding, shall forthwith suspend the operating privileges and	94622
registration rights of the person against whom the judgment was	94623
rendered as provided in division (A)(2) of this section.	94624

(H) In order for any document described in division (G)(1)(b)	94625
of this section to be used for the demonstration of proof of	94626
financial responsibility under this section, the document shall	94627
state the name of the insured or obligor, the name of the insurer	94628
or surety company, and the effective and expiration dates of the	94629
financial responsibility, and designate by explicit description or	94630
by appropriate reference all motor vehicles covered which may	94631
include a reference to fleet insurance coverage.	94632

(I) For purposes of this section, "owner" does not include a	94633
licensed motor vehicle leasing dealer as defined in section	94634
4517.01 of the Revised Code, but does include a motor vehicle	94635
renting dealer as defined in section 4549.65 of the Revised Code.	94636
Nothing in this section or in section 4509.51 of the Revised Code	94637
shall be construed to prohibit a motor vehicle renting dealer from	94638
entering into a contractual agreement with a person whereby the	94639
person renting the motor vehicle agrees to be solely responsible	94640
for maintaining proof of financial responsibility, in accordance	94641
with this section, with respect to the operation, maintenance, or	94642
use of the motor vehicle during the period of the motor vehicle's	94643
rental.	94644

(J) The purpose of this section is to require the maintenance	94645
of proof of financial responsibility with respect to the operation	94646
of motor vehicles on the highways of this state, so as to minimize	94647
those situations in which persons are not compensated for injuries	94648
and damages sustained in motor vehicle accidents. The general	94649
assembly finds that this section contains reasonable civil	94650
penalties and procedures for achieving this purpose.	94651

(K) Nothing in this section shall be construed to be subject	94652
to section 4509.78 of the Revised Code.	94653

(L)(1) The registrar may terminate any suspension imposed	94654
under this section and not require the owner to comply with	94655
divisions (A)(5)(a), (b), and (c) of this section if the registrar	94656
with or without a hearing determines that the owner of the vehicle	94657
has established by clear and convincing evidence that all of the	94658
following apply:	94659

(a) The owner customarily maintains proof of financial	94660
responsibility.	94661

(b) Proof of financial responsibility was not in effect for	94662
the vehicle on the date in question for one of the following	94663
reasons:	94664

(i) The vehicle was inoperable.

94665

(ii) The vehicle is operated only seasonally, and the date in	94666
question was outside the season of operation.	94667

(iii) A person other than the vehicle owner or driver was at	94668
fault for the lapse of proof of financial responsibility through	94669
no fault of the owner or driver.	94670

(iv) The lapse of proof of financial responsibility was	94671
caused by excusable neglect under circumstances that are not	94672
likely to recur and do not suggest a purpose to evade the	94673
requirements of this chapter.	94674

(2) The registrar may grant an owner or driver relief for a	94675
reason specified in division (L)(1)(b)(i) or (ii) of this section	94676
whenever the owner or driver is randomly selected to verify the	94677
existence of proof of financial responsibility for such a vehicle.	94678
However, the registrar may grant an owner or driver relief for a	94679
reason specified in division (L)(1)(b)(iii) or (iv) of this	94680
section only if the owner or driver has not previously been	94681
granted relief under division (L)(1)(b)(iii) or (iv) of this	94682
section.	94683

(M) The registrar shall adopt rules in accordance with	94684
Chapter 119. of the Revised Code that are necessary to administer	94685
and enforce this section. The rules shall include procedures for	94686
the surrender of license plates upon failure to maintain proof of	94687
financial responsibility and provisions relating to reinstatement	94688
of registration rights, acceptable forms of proof of financial	94689
responsibility, and verification of the existence of financial	94690
responsibility during the period of registration.	94691

Sec. 4510.11. (A) No person whose driver's or commercial	94692
driver's license or permit or nonresident operating privilege has	94693
been suspended under any provision of the Revised Code, other than	94694
Chapter 4509. of the Revised Code, or under any applicable law in	94695
any other jurisdiction in which the person's license or permit was	94696
issued shall operate any motor vehicle upon the public roads and	94697
highways or upon any public or private property used by the public	94698
for purposes of vehicular travel or parking within this state	94699
during the period of suspension unless the person is granted	94700
limited driving privileges and is operating the vehicle in	94701
accordance with the terms of the limited driving privileges.	94702

(B) No person shall operate any motor vehicle upon a highway	94703
or any public or private property used by the public for purposes	94704
of vehicular travel or parking in this state in violation of any	94705
restriction of the person's driver's or commercial driver's	94706
license or permit imposed under division (D) of section 4506.10 or	94707
under section 4507.14 of the Revised Code.	94708

(C)(1) ~~Whoever~~(a) Except as provided in division (C)(1)(b)	94709
of this section, whoever violates division (A) of this section is	94710
guilty of driving under suspension ~~or in violation of a license~~	94711
~~restriction~~, a misdemeanor of the first degree. The court shall	94712
impose upon the offender a class seven suspension of the	94713
offender's driver's license, commercial driver's license,	94714
temporary instruction permit, probationary license, or nonresident	94715
operating privilege from the range specified in division (A)(7) of	94716
section 4510.02 of the Revised Code.	94717

(b) If the offender's driver's or commercial driver's license	94718
or permit or nonresident operating privilege has been suspended	94719
under section 3123.58 or 4510.22 of the Revised Code, a violation	94720
of division (A) of this section is an unclassified misdemeanor.	94721
The offender may be fined up to one thousand dollars and pursuant	94722
to division (B) of section 2929.27 of the Revised Code	94723
additionally may be ordered to serve a term of community service	94724
of up to five hundred hours. If the offender previously was	94725
convicted of or pleaded guilty to two or more violations of this	94726
section or a substantially equivalent municipal ordinance within	94727
the past three years, the offense is a misdemeanor of the first	94728
degree.	94729

(2) Whoever violates division (B) of this section is guilty	94730
of driving in violation of a license restriction, a misdemeanor of	94731
the first degree.	94732

(3) Except as provided in division (C)~~(3)~~(4) or ~~(4)~~(5) of	94733
this section, the court, in addition to any other penalty that it	94734
imposes on the offender and if the vehicle is registered in the	94735
offender's name, shall order the immobilization of the vehicle	94736
involved in the offense for thirty days in accordance with section	94737
4503.233 of the Revised Code and the impoundment of that vehicle's	94738
license plates for thirty days.	94739

~~(3)~~(4) If the offender previously has been convicted of or	94740
pleaded guilty to one violation of this section or of a	94741
substantially similar municipal ordinance, the court, in addition	94742
to any other sentence that it imposes on the offender and if the	94743
vehicle is registered in the offender's name, shall order the	94744
immobilization of the vehicle involved in the offense for sixty	94745
days in accordance with section 4503.233 of the Revised Code and	94746
the impoundment of that vehicle's license plates for sixty days.	94747

~~(4)~~(5) If the offender previously has been convicted of or	94748
pleaded guilty to two or more violations of this section or of a	94749
substantially similar municipal ordinance, the court, in addition	94750
to any other sentence that it imposes on the offender and if the	94751
vehicle is registered in the offender's name, shall order the	94752
criminal forfeiture of the vehicle involved in the offense to the	94753
state.	94754

(D) Any order for immobilization and impoundment under this	94755
section shall be issued and enforced under section 4503.233 of the	94756
Revised Code. The court shall not release a vehicle from	94757
immobilization ordered under this section unless the court is	94758
presented with current proof of financial responsibility with	94759
respect to that vehicle.	94760

(E) Any order of criminal forfeiture under this section shall	94761
be issued and enforced under section 4503.234 of the Revised Code.	94762
Upon receipt of the copy of the order from the court, neither the	94763
registrar of motor vehicles nor a deputy registrar shall accept	94764
any application for the registration or transfer of registration	94765
of any motor vehicle owned or leased by the person named in the	94766
declaration of forfeiture. The period of registration denial shall	94767
be five years after the date of the order, unless, during that	94768
period, the court having jurisdiction of the offense that led to	94769
the order terminates the forfeiture and notifies the registrar of	94770
the termination. The registrar then shall take necessary measures	94771
to permit the person to register a vehicle owned or leased by the	94772
person or to transfer registration of the vehicle.	94773

Sec. 4510.12. (A)(1) No person, except those expressly	94774
exempted under sections 4507.03, 4507.04, and 4507.05 of the	94775
Revised Code, shall operate any motor vehicle upon a public road	94776
or highway or any public or private property used by the public	94777
for purposes of vehicular travel or parking in this state unless	94778
the person has a valid driver's license issued under Chapter 4507.	94779
of the Revised Code or a commercial driver's license issued under	94780
Chapter 4506. of the Revised Code.	94781

(2) No person, except a person expressly exempted under	94782
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall	94783
operate any motorcycle upon a public road or highway or any public	94784
or private property used by the public for purposes of vehicular	94785
travel or parking in this state unless the person has a valid	94786
license as a motorcycle operator that was issued upon application	94787
by the registrar of motor vehicles under Chapter 4507. of the	94788
Revised Code. The license shall be in the form of an endorsement,	94789
as determined by the registrar, upon a driver's or commercial	94790
driver's license, if the person has a valid license to operate a	94791
motor vehicle or commercial motor vehicle, or in the form of a	94792
restricted license as provided in section 4507.14 of the Revised	94793
Code, if the person does not have a valid license to operate a	94794
motor vehicle or commercial motor vehicle.	94795

(B) Whoever violates this section is guilty of operating a	94796
motor vehicle without a valid license and shall be punished as	94797
follows:	94798

(1) If the trier of fact finds that the offender never has	94799
held a valid driver's or commercial driver's license issued by	94800
this state or any other jurisdiction, the offense is aan	94801
unclassified misdemeanor ~~of the first degree~~. The offender may be	94802
fined up to one thousand dollars and pursuant to division (B) of	94803
section 2929.27 of the Revised Code additionally may be ordered to	94804
serve a term of community service of up to five hundred hours.	94805

(2)(a) Subject to division (B)(2)(b) of this section, if the	94806
offender's driver's or commercial driver's license or permit was	94807
expired at the time of the offense ~~for no more than six months~~,	94808
the offense is a minor misdemeanor ~~and if the offender's driver's~~	94809
~~or commercial driver's license or permit was expired at the time~~	94810
~~of the offense for more than six months, the offense is a~~	94811
~~misdemeanor of the fourth degree~~.	94812

(b)~~(i) If the offender previously was convicted of or pleaded~~	94813
~~guilty to one violation of this section or a substantially~~	94814
~~equivalent municipal ordinance within the past three years, the~~	94815
~~offense is a misdemeanor of the third degree.~~	94816

~~(ii) If the offender previously was convicted of or pleaded~~	94817
~~guilty to two violations of this section or a substantially~~	94818
~~equivalent municipal ordinance within the past three years, the~~	94819
~~offense is a misdemeanor of the second degree.~~	94820

~~(iii)~~ If the offender previously was convicted of or pleaded	94821
guilty to three or more violations of this section or a	94822
substantially equivalent municipal ordinance within the past three	94823
years, the offense is a misdemeanor of the first degree.	94824

(C) The court shall not impose a license suspension for a	94825
first violation of this section or if more than three years have	94826
passed since the offender's last violation of this section or a	94827
substantially equivalent municipal ordinance.	94828

(D) If the offender was convicted of or pleaded guilty to one	94829
or more violations of this section or a substantially equivalent	94830
municipal ordinance within the past three years, and if the	94831
offender's license was expired for more than six months at the	94832
time of the offense, the court shall impose a class seven	94833
suspension of the offender's driver license, commercial driver's	94834
license, temporary instruction permit, probationary license, or	94835
nonresident operating privilege from the range specified in	94836
division (A)(7) of section 4510.02 of the Revised Code.	94837

Sec. 4510.16. (A) No person, whose driver's or commercial	94838
driver's license or temporary instruction permit or nonresident's	94839
operating privilege has been suspended or canceled pursuant to	94840
Chapter 4509. of the Revised Code, shall operate any motor vehicle	94841
within this state, or knowingly permit any motor vehicle owned by	94842
the person to be operated by another person in the state, during	94843
the period of the suspension or cancellation, except as	94844
specifically authorized by Chapter 4509. of the Revised Code. No	94845
person shall operate a motor vehicle within this state, or	94846
knowingly permit any motor vehicle owned by the person to be	94847
operated by another person in the state, during the period in	94848
which the person is required by section 4509.45 of the Revised	94849
Code to file and maintain proof of financial responsibility for a	94850
violation of section 4509.101 of the Revised Code, unless proof of	94851
financial responsibility is maintained with respect to that	94852
vehicle.	94853

(B)(1) Whoever violates this section is guilty of driving	94854
under financial responsibility law suspension or cancellation, a	94855
an unclassified misdemeanor ~~of the first degree~~. The offender may	94856
be fined up to one thousand dollars and pursuant to division (B)	94857
of section 2929.27 of the Revised Code additionally may be ordered	94858
to serve a term of community service of up to five hundred hours.	94859
If the offender previously was convicted of or pleaded guilty to	94860
two or more violations of this section or a substantially	94861
equivalent municipal ordinance within the past three years, the	94862
offense is a misdemeanor of the first degree. The court shall	94863
impose a class seven suspension of the offender's driver's or	94864
commercial driver's license or permit or nonresident operating	94865
privilege for the period of time specified in division (A)(7) of	94866
section 4510.02 of the Revised Code.	94867

(2) If the vehicle is registered in the offender's name and	94868
division (B)(3) of this section does not apply, the court, in	94869
addition to or independent of any other sentence that it imposes	94870
upon the offender, may order the immobilization for no more than	94871
thirty days of the vehicle involved in the offense and the	94872
impoundment for no more than thirty days of the license plates of	94873
that vehicle.	94874

(3) If the vehicle is registered in the offender's name and	94875
if, within five years of the offense, the offender has been	94876
convicted of or pleaded guilty to one violation of this section or	94877
a substantially similar municipal ordinance, the court, in	94878
addition to or independent of any other sentence that it imposes	94879
on the offender, shall order the immobilization for sixty days of	94880
the vehicle involved in the offense and impoundment for sixty days	94881
of the license plates of that vehicle.	94882

If the vehicle is registered in the offender's name and if,	94883
within five years of the offense, the offender has been convicted	94884
of or pleaded guilty to two or more violations of this section or	94885
a substantially similar municipal ordinance, the court, in	94886
addition to or independent of any other sentence that it imposes	94887
upon the offender, shall order the criminal forfeiture to the	94888
state of the vehicle involved in the offense. If title to a motor	94889
vehicle that is subject to an order for criminal forfeiture under	94890
this division is assigned or transferred and division (B)(2) or	94891
(3) of section 4503.234 of the Revised Code applies, in addition	94892
to or independent of any other penalty established by law, the	94893
court may fine the offender the value of the vehicle as determined	94894
by publications of the national auto dealers association. The	94895
proceeds from any fine so imposed shall be distributed in	94896
accordance with division (C)(2) of that section.	94897

(C) Any order for immobilization and impoundment under this	94898
section shall be issued and enforced in accordance with sections	94899
4503.233 and 4507.02 of the Revised Code, as applicable. Any order	94900
of criminal forfeiture shall be issued and enforced in accordance	94901
with section 4503.234 of the Revised Code. The court shall not	94902
release a vehicle from immobilization orders under this section	94903
unless the court is presented with current proof of financial	94904
responsibility with respect to that vehicle.	94905

Sec. 4510.22. (A) If a person who has a current valid Ohio	94906
driver's, commercial driver's license, or temporary instruction	94907
permit is charged with a violation of any provision in sections	94908
4511.01 to 4511.76, 4511.84, 4513.01 to 4513.65, or 4549.01 to	94909
4549.65 of the Revised Code that is classified as a misdemeanor of	94910
the first, second, third, or fourth degree or with a violation of	94911
any substantially equivalent municipal ordinance and if the person	94912
either fails to appear in court at the required time and place to	94913
answer the charge or pleads guilty to or is found guilty of the	94914
violation and fails within the time allowed by the court to pay	94915
the fine imposed by the court, the court shall declare the	94916
forfeiture of the person's license. Thirty days after the	94917
declaration of forfeiture, the court shall inform the registrar of	94918
motor vehicles of the forfeiture by entering information relative	94919
to the of forfeiture on a form approved and furnished by the	94920
registrar and sending the form to the registrar. The court also	94921
shall forward the person's license, if it is in the possession of	94922
the court, to the registrar.	94923

The registrar shall impose a class F suspension of the	94924
person's driver's or commercial driver's license, or temporary	94925
instruction permit for the period of time specified in division	94926
(B)(6) of section 4510.02 of the Revised Code on any person who is	94927
named in a declaration received by the registrar under this	94928
section. The registrar shall send written notification of the	94929
suspension to the person at the person's last known address and,	94930
if the person is in possession of the license, order the person to	94931
surrender the person's license or permit to the registrar within	94932
forty-eight hours.	94933

No valid driver's or commercial driver's license shall be	94934
granted to the person after the suspension, unless the court	94935
having jurisdiction of the offense that led to the suspension	94936
orders that the forfeiture be terminated. The court shall order	94937
the termination of the forfeiture if the person thereafter appears	94938
to answer the charge and pays any fine imposed by the court or	94939
pays the fine originally imposed by the court. The court shall	94940
inform the registrar of the termination of the forfeiture by	94941
entering information relative to the termination on a form	94942
approved and furnished by the registrar and sending the form to	94943
the registrar. The person shall pay to the bureau of motor	94944
vehicles a ~~fifteen-dollar~~twenty-five-dollar reinstatement fee to	94945
~~cover the costs of the bureau in administering this section~~. The	94946
registrar shall deposit fifteen dollars of the fee into the state	94947
treasury to the credit of the state bureau of motor vehicles fund	94948
created by section 4501.25 of the Revised Code to cover the costs	94949
of the bureau in administering this section and shall deposit ten	94950
dollars of the fee into the state treasury to the credit of the	94951
indigent defense support fund created by section 120.08 of the	94952
Revised Code.	94953

(B) In addition to suspending the driver's or commercial	94954
driver's license or permit of the person named in a declaration of	94955
forfeiture, the registrar, upon receipt from the court of the copy	94956
of the declaration of forfeiture, shall take any measures that may	94957
be necessary to ensure that neither the registrar nor any deputy	94958
registrar accepts any application for the registration or transfer	94959
of registration of any motor vehicle owned or leased by the person	94960
named in the declaration of forfeiture. However, for a motor	94961
vehicle leased by a person named in a declaration of forfeiture,	94962
the registrar shall not implement the preceding sentence until the	94963
registrar adopts procedures for that implementation under section	94964
4503.39 of the Revised Code. The period of denial of registration	94965
or transfer shall continue until such time as the court having	94966
jurisdiction of the offense that led to the suspension orders the	94967
forfeiture be terminated. Upon receipt by the registrar of an	94968
order terminating the forfeiture, the registrar also shall take	94969
any measures that may be necessary to permit the person to	94970
register a motor vehicle owned or leased by the person or to	94971
transfer the registration of such a motor vehicle, if the person	94972
later makes application to take such action and otherwise is	94973
eligible to register the motor vehicle or to transfer its	94974
registration.	94975

The registrar shall not be required to give effect to any	94976
declaration of forfeiture or order terminating a forfeiture	94977
provided by a court under this section unless the information	94978
contained in the declaration or order is transmitted to the	94979
registrar by means of an electronic transfer system. The registrar	94980
shall not restore the person's driving or vehicle registration	94981
privileges until the person pays the reinstatement fee as provided	94982
in this section.	94983

The period of denial relating to the issuance or transfer of	94984
a certificate of registration for a motor vehicle imposed pursuant	94985
to this division remains in effect until the person pays any fine	94986
imposed by the court relative to the offense.	94987

Sec. 4511.191. (A)(1) As used in this section:

94988

(a) "Physical control" has the same meaning as in section	94989
4511.194 of the Revised Code.	94990

(b) "Alcohol monitoring device" means any device that	94991
provides for continuous alcohol monitoring, any ignition interlock	94992
device, any immobilizing or disabling device other than an	94993
ignition interlock device that is constantly available to monitor	94994
the concentration of alcohol in a person's system, or any other	94995
device that provides for the automatic testing and periodic	94996
reporting of alcohol consumption by a person and that a court	94997
orders a person to use as a sanction imposed as a result of the	94998
person's conviction of or plea of guilty to an offense.	94999

(2) Any person who operates a vehicle, streetcar, or	95000
trackless trolley upon a highway or any public or private property	95001
used by the public for vehicular travel or parking within this	95002
state or who is in physical control of a vehicle, streetcar, or	95003
trackless trolley shall be deemed to have given consent to a	95004
chemical test or tests of the person's whole blood, blood serum or	95005
plasma, breath, or urine to determine the alcohol, drug of abuse,	95006
controlled substance, metabolite of a controlled substance, or	95007
combination content of the person's whole blood, blood serum or	95008
plasma, breath, or urine if arrested for a violation of division	95009
(A) or (B) of section 4511.19 of the Revised Code, section	95010
4511.194 of the Revised Code or a substantially equivalent	95011
municipal ordinance, or a municipal OVI ordinance.	95012

(3) The chemical test or tests under division (A)(2) of this	95013
section shall be administered at the request of a law enforcement	95014
officer having reasonable grounds to believe the person was	95015
operating or in physical control of a vehicle, streetcar, or	95016
trackless trolley in violation of a division, section, or	95017
ordinance identified in division (A)(2) of this section. The law	95018
enforcement agency by which the officer is employed shall	95019
designate which of the tests shall be administered.	95020

(4) Any person who is dead or unconscious, or who otherwise	95021
is in a condition rendering the person incapable of refusal, shall	95022
be deemed to have consented as provided in division (A)(2) of this	95023
section, and the test or tests may be administered, subject to	95024
sections 313.12 to 313.16 of the Revised Code.	95025

(5)(a) If a law enforcement officer arrests a person for a	95026
violation of division (A) or (B) of section 4511.19 of the Revised	95027
Code, section 4511.194 of the Revised Code or a substantially	95028
equivalent municipal ordinance, or a municipal OVI ordinance and	95029
if the person if convicted would be required to be sentenced under	95030
division (G)(1)(c), (d), or (e) of section 4511.19 of the	95031
Revised Code, the law enforcement officer shall request the	95032
person to submit, and the person shall submit, to a chemical	95033
test or tests of the person's whole blood, blood serum or	95034
plasma, breath, or urine for the purpose of determining the	95035
alcohol, drug of abuse, controlled substance, metabolite of a	95036
controlled substance, or combination content of the person's	95037
whole blood, blood serum or plasma, breath, or urine. A law	95038
enforcement officer who makes a request pursuant to this	95039
division that a person submit to a chemical test or tests is not	95040
required to advise the person of the consequences of submitting	95041
to, or refusing to submit to, the test or tests and is not	95042
required to give the person the form described in division (B) of	95043
section 4511.192 of the Revised Code, but the officer shall	95044
advise the person at the time of the arrest that if the person	95045
refuses to take a chemical test the officer may employ whatever	95046
reasonable means are necessary to ensure that the person submits	95047
to a chemical test of the person's whole blood or blood serum or	95048
plasma. The officer shall also advise the person at the time of	95049
the arrest that the person may have an independent chemical test	95050
taken at the person's own expense. Divisions (A)(3) and (4) of	95051
this section apply to the administration of a chemical test or	95052
tests pursuant to this division.	95053

(b) If a person refuses to submit to a chemical test upon a	95054
request made pursuant to division (A)(5)(a) of this section, the	95055
law enforcement officer who made the request may employ whatever	95056
reasonable means are necessary to ensure that the person submits	95057
to a chemical test of the person's whole blood or blood serum or	95058
plasma. A law enforcement officer who acts pursuant to this	95059
division to ensure that a person submits to a chemical test of the	95060
person's whole blood or blood serum or plasma is immune from	95061
criminal and civil liability based upon a claim for assault and	95062
battery or any other claim for the acts, unless the officer so	95063
acted with malicious purpose, in bad faith, or in a wanton or	95064
reckless manner.	95065

(B)(1) Upon receipt of the sworn report of a law enforcement	95066
officer who arrested a person for a violation of division (A) or	95067
(B) of section 4511.19 of the Revised Code, section 4511.194 of	95068
the Revised Code or a substantially equivalent municipal	95069
ordinance, or a municipal OVI ordinance that was completed and	95070
sent to the registrar and a court pursuant to section 4511.192 of	95071
the Revised Code in regard to a person who refused to take the	95072
designated chemical test, the registrar shall enter into the	95073
registrar's records the fact that the person's driver's or	95074
commercial driver's license or permit or nonresident operating	95075
privilege was suspended by the arresting officer under this	95076
division and that section and the period of the suspension, as	95077
determined under this section. The suspension shall be subject to	95078
appeal as provided in section 4511.197 of the Revised Code. The	95079
suspension shall be for whichever of the following periods	95080
applies:	95081

(a) Except when division (B)(1)(b), (c), or (d) of this	95082
section applies and specifies a different class or length of	95083
suspension, the suspension shall be a class C suspension for the	95084
period of time specified in division (B)(3) of section 4510.02 of	95085
the Revised Code.	95086

(b) If the arrested person, within six years of the date on	95087
which the person refused the request to consent to the chemical	95088
test, had refused one previous request to consent to a chemical	95089
test or had been convicted of or pleaded guilty to one violation	95090
of division (A) or (B) of section 4511.19 of the Revised Code or	95091
one other equivalent offense, the suspension shall be a class B	95092
suspension imposed for the period of time specified in division	95093
(B)(2) of section 4510.02 of the Revised Code.	95094

(c) If the arrested person, within six years of the date on	95095
which the person refused the request to consent to the chemical	95096
test, had refused two previous requests to consent to a chemical	95097
test, had been convicted of or pleaded guilty to two violations of	95098
division (A) or (B) of section 4511.19 of the Revised Code or	95099
other equivalent offenses, or had refused one previous request to	95100
consent to a chemical test and also had been convicted of or	95101
pleaded guilty to one violation of division (A) or (B) of section	95102
4511.19 of the Revised Code or other equivalent offenses, which	95103
violation or offense arose from an incident other than the	95104
incident that led to the refusal, the suspension shall be a class	95105
A suspension imposed for the period of time specified in division	95106
(B)(1) of section 4510.02 of the Revised Code.	95107

(d) If the arrested person, within six years of the date on	95108
which the person refused the request to consent to the chemical	95109
test, had refused three or more previous requests to consent to a	95110
chemical test, had been convicted of or pleaded guilty to three or	95111
more violations of division (A) or (B) of section 4511.19 of the	95112
Revised Code or other equivalent offenses, or had refused a number	95113
of previous requests to consent to a chemical test and also had	95114
been convicted of or pleaded guilty to a number of violations of	95115
division (A) or (B) of section 4511.19 of the Revised Code or	95116
other equivalent offenses that cumulatively total three or more	95117
such refusals, convictions, and guilty pleas, the suspension shall	95118
be for five years.	95119

(2) The registrar shall terminate a suspension of the	95120
driver's or commercial driver's license or permit of a resident or	95121
of the operating privilege of a nonresident, or a denial of a	95122
driver's or commercial driver's license or permit, imposed	95123
pursuant to division (B)(1) of this section upon receipt of notice	95124
that the person has entered a plea of guilty to, or that the	95125
person has been convicted after entering a plea of no contest to,	95126
operating a vehicle in violation of section 4511.19 of the Revised	95127
Code or in violation of a municipal OVI ordinance, if the offense	95128
for which the conviction is had or the plea is entered arose from	95129
the same incident that led to the suspension or denial.	95130

The registrar shall credit against any judicial suspension of	95131
a person's driver's or commercial driver's license or permit or	95132
nonresident operating privilege imposed pursuant to section	95133
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	95134
Revised Code for a violation of a municipal OVI ordinance, any	95135
time during which the person serves a related suspension imposed	95136
pursuant to division (B)(1) of this section.	95137

(C)(1) Upon receipt of the sworn report of the law	95138
enforcement officer who arrested a person for a violation of	95139
division (A) or (B) of section 4511.19 of the Revised Code or a	95140
municipal OVI ordinance that was completed and sent to the	95141
registrar and a court pursuant to section 4511.192 of the Revised	95142
Code in regard to a person whose test results indicate that the	95143
person's whole blood, blood serum or plasma, breath, or urine	95144
contained at least the concentration of alcohol specified in	95145
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	95146
Revised Code or at least the concentration of a listed controlled	95147
substance or a listed metabolite of a controlled substance	95148
specified in division (A)(1)(j) of section 4511.19 of the Revised	95149
Code, the registrar shall enter into the registrar's records the	95150
fact that the person's driver's or commercial driver's license or	95151
permit or nonresident operating privilege was suspended by the	95152
arresting officer under this division and section 4511.192 of the	95153
Revised Code and the period of the suspension, as determined under	95154
divisions (C)(1)(a) to (d) of this section. The suspension shall	95155
be subject to appeal as provided in section 4511.197 of the	95156
Revised Code. The suspension described in this division does not	95157
apply to, and shall not be imposed upon, a person arrested for a	95158
violation of section 4511.194 of the Revised Code or a	95159
substantially equivalent municipal ordinance who submits to a	95160
designated chemical test. The suspension shall be for whichever of	95161
the following periods applies:	95162

(a) Except when division (C)(1)(b), (c), or (d) of this	95163
section applies and specifies a different period, the suspension	95164
shall be a class E suspension imposed for the period of time	95165
specified in division (B)(5) of section 4510.02 of the Revised	95166
Code.	95167

(b) The suspension shall be a class C suspension for the	95168
period of time specified in division (B)(3) of section 4510.02 of	95169
the Revised Code if the person has been convicted of or pleaded	95170
guilty to, within six years of the date the test was conducted,	95171
one violation of division (A) or (B) of section 4511.19 of the	95172
Revised Code or one other equivalent offense.	95173

(c) If, within six years of the date the test was conducted,	95174
the person has been convicted of or pleaded guilty to two	95175
violations of a statute or ordinance described in division	95176
(C)(1)(b) of this section, the suspension shall be a class B	95177
suspension imposed for the period of time specified in division	95178
(B)(2) of section 4510.02 of the Revised Code.	95179

(d) If, within six years of the date the test was conducted,	95180
the person has been convicted of or pleaded guilty to more than	95181
two violations of a statute or ordinance described in division	95182
(C)(1)(b) of this section, the suspension shall be a class A	95183
suspension imposed for the period of time specified in division	95184
(B)(1) of section 4510.02 of the Revised Code.	95185

(2) The registrar shall terminate a suspension of the	95186
driver's or commercial driver's license or permit of a resident or	95187
of the operating privilege of a nonresident, or a denial of a	95188
driver's or commercial driver's license or permit, imposed	95189
pursuant to division (C)(1) of this section upon receipt of notice	95190
that the person has entered a plea of guilty to, or that the	95191
person has been convicted after entering a plea of no contest to,	95192
operating a vehicle in violation of section 4511.19 of the Revised	95193
Code or in violation of a municipal OVI ordinance, if the offense	95194
for which the conviction is had or the plea is entered arose from	95195
the same incident that led to the suspension or denial.	95196

The registrar shall credit against any judicial suspension of	95197
a person's driver's or commercial driver's license or permit or	95198
nonresident operating privilege imposed pursuant to section	95199
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	95200
Revised Code for a violation of a municipal OVI ordinance, any	95201
time during which the person serves a related suspension imposed	95202
pursuant to division (C)(1) of this section.	95203

(D)(1) A suspension of a person's driver's or commercial	95204
driver's license or permit or nonresident operating privilege	95205
under this section for the time described in division (B) or (C)	95206
of this section is effective immediately from the time at which	95207
the arresting officer serves the notice of suspension upon the	95208
arrested person. Any subsequent finding that the person is not	95209
guilty of the charge that resulted in the person being requested	95210
to take the chemical test or tests under division (A) of this	95211
section does not affect the suspension.	95212

(2) If a person is arrested for operating a vehicle,	95213
streetcar, or trackless trolley in violation of division (A) or	95214
(B) of section 4511.19 of the Revised Code or a municipal OVI	95215
ordinance, or for being in physical control of a vehicle,	95216
streetcar, or trackless trolley in violation of section 4511.194	95217
of the Revised Code or a substantially equivalent municipal	95218
ordinance, regardless of whether the person's driver's or	95219
commercial driver's license or permit or nonresident operating	95220
privilege is or is not suspended under division (B) or (C) of this	95221
section or Chapter 4510. of the Revised Code, the person's initial	95222
appearance on the charge resulting from the arrest shall be held	95223
within five days of the person's arrest or the issuance of the	95224
citation to the person, subject to any continuance granted by the	95225
court pursuant to section 4511.197 of the Revised Code regarding	95226
the issues specified in that division.	95227

(E) When it finally has been determined under the procedures	95228
of this section and sections 4511.192 to 4511.197 of the Revised	95229
Code that a nonresident's privilege to operate a vehicle within	95230
this state has been suspended, the registrar shall give	95231
information in writing of the action taken to the motor vehicle	95232
administrator of the state of the person's residence and of any	95233
state in which the person has a license.	95234

(F) At the end of a suspension period under this section,	95235
under section 4511.194, section 4511.196, or division (G) of	95236
section 4511.19 of the Revised Code, or under section 4510.07 of	95237
the Revised Code for a violation of a municipal OVI ordinance and	95238
upon the request of the person whose driver's or commercial	95239
driver's license or permit was suspended and who is not otherwise	95240
subject to suspension, cancellation, or disqualification, the	95241
registrar shall return the driver's or commercial driver's license	95242
or permit to the person upon the occurrence of all of the	95243
conditions specified in divisions (F)(1) and (2) of this section:	95244

(1) A showing that the person has proof of financial	95245
responsibility, a policy of liability insurance in effect that	95246
meets the minimum standards set forth in section 4509.51 of the	95247
Revised Code, or proof, to the satisfaction of the registrar, that	95248
the person is able to respond in damages in an amount at least	95249
equal to the minimum amounts specified in section 4509.51 of the	95250
Revised Code.	95251

(2) Subject to the limitation contained in division (F)(3) of	95252
this section, payment by the person to the bureau of motor	95253
vehicles of a license reinstatement fee of four hundred	95254
seventy-five dollars, which fee shall be deposited in the state	95255
treasury and credited as follows:	95256

(a) One hundred twelve dollars and fifty cents shall be	95257
credited to the statewide treatment and prevention fund created by	95258
section 4301.30 of the Revised Code. The fund shall be used to	95259
pay the costs of driver treatment and intervention programs	95260
operated pursuant to sections 3793.02 and 3793.10 of the Revised	95261
Code. The director of alcohol and drug addiction services shall	95262
determine the share of the fund that is to be allocated to alcohol	95263
and drug addiction programs authorized by section 3793.02 of the	95264
Revised Code, and the share of the fund that is to be allocated to	95265
drivers' intervention programs authorized by section 3793.10 of	95266
the Revised Code.	95267

(b) Seventy-five dollars shall be credited to the reparations	95268
fund created by section 2743.191 of the Revised Code.	95269

(c) Thirty-seven dollars and fifty cents shall be credited to	95270
the indigent drivers alcohol treatment fund, which is hereby	95271
established in the state treasury. Except as otherwise provided in	95272
division (F)(2)(c) of this section, moneys in the fund shall be	95273
distributed by the department of alcohol and drug addiction	95274
services to the county indigent drivers alcohol treatment funds,	95275
the county juvenile indigent drivers alcohol treatment funds, and	95276
the municipal indigent drivers alcohol treatment funds that are	95277
required to be established by counties and municipal corporations	95278
pursuant to division (H) of this section, and shall be used only	95279
to pay the cost of an alcohol and drug addiction treatment	95280
program attended by an offender or juvenile traffic offender who	95281
is ordered to attend an alcohol and drug addiction treatment	95282
program by a county, juvenile, or municipal court judge and who	95283
is determined by the county, juvenile, or municipal court judge	95284
not to have the means to pay for the person's attendance at the	95285
program or to pay the costs specified in division (H)(4) of this	95286
section in accordance with that division. In addition, a county,	95287
juvenile, or municipal court judge may use moneys in the county	95288
indigent drivers alcohol treatment fund, county juvenile	95289
indigent drivers alcohol treatment fund, or municipal indigent	95290
drivers alcohol treatment fund to pay for the cost of the	95291
continued use of an alcohol monitoring device as described in	95292
divisions (H)(3) and (4) of this section. Moneys in the fund	95293
that are not distributed to a county indigent drivers alcohol	95294
treatment fund, a county juvenile indigent drivers alcohol	95295
treatment fund, or a municipal indigent drivers alcohol treatment	95296
fund under division (H) of this section because the director of	95297
alcohol and drug addiction services does not have the information	95298
necessary to identify the county or municipal corporation where	95299
the offender or juvenile offender was arrested may be transferred	95300
by the director of budget and management to the statewide	95301
treatment and prevention fund created by section 4301.30 of the	95302
Revised Code, upon certification of the amount by the director of	95303
alcohol and drug addiction services.	95304

(d) Seventy-five dollars shall be credited to the Ohio	95305
rehabilitation services commission established by section 3304.12	95306
of the Revised Code, to the services for rehabilitation fund,	95307
which is hereby established. The fund shall be used to match	95308
available federal matching funds where appropriate, and for any	95309
other purpose or program of the commission to rehabilitate people	95310
with disabilities to help them become employed and independent.	95311

(e) Seventy-five dollars shall be deposited into the state	95312
treasury and credited to the drug abuse resistance education	95313
programs fund, which is hereby established, to be used by the	95314
attorney general for the purposes specified in division (F)(4) of	95315
this section.	95316

(f) Thirty dollars shall be credited to the state bureau of	95317
motor vehicles fund created by section 4501.25 of the Revised	95318
Code.	95319

(g) Twenty dollars shall be credited to the trauma and	95320
emergency medical services grants fund created by section 4513.263	95321
of the Revised Code.	95322

(h) Fifty dollars shall be credited to the indigent drivers	95323
interlock and alcohol monitoring fund, which is hereby established	95324
in the state treasury. Monies in the fund shall be distributed by	95325
the department of public safety to the county indigent drivers	95326
interlock and alcohol monitoring funds, the county juvenile	95327
indigent drivers interlock and alcohol monitoring funds, and the	95328
municipal indigent drivers interlock and alcohol monitoring funds	95329
that are required to be established by counties and municipal	95330
corporations pursuant to this section, and shall be used only to	95331
pay the cost of an immobilizing or disabling device, including a	95332
certified ignition interlock device, or an alcohol monitoring	95333
device used by an offender or juvenile offender who is ordered to	95334
use the device by a county, juvenile, or municipal court judge and	95335
who is determined by the county, juvenile, or municipal court	95336
judge not to have the means to pay for the person's use of the	95337
device.	95338

(3) If a person's driver's or commercial driver's license or	95339
permit is suspended under this section, under section 4511.196 or	95340
division (G) of section 4511.19 of the Revised Code, under section	95341
4510.07 of the Revised Code for a violation of a municipal OVI	95342
ordinance or under any combination of the suspensions described in	95343
division (F)(3) of this section, and if the suspensions arise from	95344
a single incident or a single set of facts and circumstances, the	95345
person is liable for payment of, and shall be required to pay to	95346
the bureau, only one reinstatement fee of four hundred twenty-five	95347
dollars. The reinstatement fee shall be distributed by the bureau	95348
in accordance with division (F)(2) of this section.	95349

(4) The attorney general shall use amounts in the drug abuse	95350
resistance education programs fund to award grants to law	95351
enforcement agencies to establish and implement drug abuse	95352
resistance education programs in public schools. Grants awarded to	95353
a law enforcement agency under this section shall be used by the	95354
agency to pay for not more than fifty per cent of the amount of	95355
the salaries of law enforcement officers who conduct drug abuse	95356
resistance education programs in public schools. The attorney	95357
general shall not use more than six per cent of the amounts the	95358
attorney general's office receives under division (F)(2)(e) of	95359
this section to pay the costs it incurs in administering the grant	95360
program established by division (F)(2)(e) of this section and in	95361
providing training and materials relating to drug abuse resistance	95362
education programs.	95363

The attorney general shall report to the governor and the	95364
general assembly each fiscal year on the progress made in	95365
establishing and implementing drug abuse resistance education	95366
programs. These reports shall include an evaluation of the	95367
effectiveness of these programs.	95368

(G) Suspension of a commercial driver's license under	95369
division (B) or (C) of this section shall be concurrent with any	95370
period of disqualification under section 3123.611 or 4506.16 of	95371
the Revised Code or any period of suspension under section 3123.58	95372
of the Revised Code. No person who is disqualified for life from	95373
holding a commercial driver's license under section 4506.16 of the	95374
Revised Code shall be issued a driver's license under Chapter	95375
4507. of the Revised Code during the period for which the	95376
commercial driver's license was suspended under division (B) or	95377
(C) of this section. No person whose commercial driver's license	95378
is suspended under division (B) or (C) of this section shall be	95379
issued a driver's license under Chapter 4507. of the Revised Code	95380
during the period of the suspension.	95381

(H)(1) Each county shall establish an indigent drivers	95382
alcohol treatment fund, each county shall establish a juvenile	95383
indigent drivers alcohol treatment fund, and each municipal	95384
corporation in which there is a municipal court shall establish	95385
an indigent drivers alcohol treatment fund. All revenue that the	95386
general assembly appropriates to the indigent drivers alcohol	95387
treatment fund for transfer to a county indigent drivers alcohol	95388
treatment fund, a county juvenile indigent drivers alcohol	95389
treatment fund, or a municipal indigent drivers alcohol treatment	95390
fund, all portions of fees that are paid under division (F) of	95391
this section and that are credited under that division to the	95392
indigent drivers alcohol treatment fund in the state treasury	95393
for a county indigent drivers alcohol treatment fund, a county	95394
juvenile indigent drivers alcohol treatment fund, or a municipal	95395
indigent drivers alcohol treatment fund, all portions of	95396
additional costs imposed under section 2949.094 of the Revised	95397
Code that are specified for deposit into a county, county	95398
juvenile, or municipal indigent drivers alcohol treatment fund	95399
by that section, and all portions of fines that are specified	95400
for deposit into a county or municipal indigent drivers alcohol	95401
treatment fund by section 4511.193 of the Revised Code shall be	95402
deposited into that county indigent drivers alcohol treatment	95403
fund, county juvenile indigent drivers alcohol treatment fund, or	95404
municipal indigent drivers alcohol treatment fund. The portions	95405
of the fees paid under division (F) of this section that are to	95406
be so deposited shall be determined in accordance with	95407
division (H)(2) of this section. Additionally, all portions of	95408
fines that are paid for a violation of section 4511.19 of the	95409
Revised Code or of any prohibition contained in Chapter 4510. of	95410
the Revised Code, and that are required under section 4511.19 or	95411
any provision of Chapter 4510. of the Revised Code to be	95412
deposited into a county indigent drivers alcohol treatment fund	95413
or municipal indigent drivers alcohol treatment fund shall be	95414
deposited into the appropriate fund in accordance with the	95415
applicable division of the section or provision.	95416

(2) That portion of the license reinstatement fee that is	95417
paid under division (F) of this section and that is credited under	95418
that division to the indigent drivers alcohol treatment fund	95419
shall be deposited into a county indigent drivers alcohol	95420
treatment fund, a county juvenile indigent drivers alcohol	95421
treatment fund, or a municipal indigent drivers alcohol treatment	95422
fund as follows:	95423

(a) Regarding a suspension imposed under this section, that	95424
portion of the fee shall be deposited as follows:	95425

(i) If the fee is paid by a person who was charged in a	95426
county court with the violation that resulted in the suspension	95427
or in the imposition of the court costs, the portion shall be	95428
deposited into the county indigent drivers alcohol treatment fund	95429
under the control of that court;	95430

(ii) If the fee is paid by a person who was charged in a	95431
juvenile court with the violation that resulted in the suspension	95432
or in the imposition of the court costs, the portion shall be	95433
deposited into the county juvenile indigent drivers alcohol	95434
treatment fund established in the county served by the court;	95435

(iii) If the fee is paid by a person who was charged in a	95436
municipal court with the violation that resulted in the	95437
suspension or in the imposition of the court costs, the portion	95438
shall be deposited into the municipal indigent drivers alcohol	95439
treatment fund under the control of that court.	95440

(b) Regarding a suspension imposed under section 4511.19 of	95441
the Revised Code or under section 4510.07 of the Revised Code for	95442
a violation of a municipal OVI ordinance, that portion of the fee	95443
shall be deposited as follows:	95444

(i) If the fee is paid by a person whose license or permit	95445
was suspended by a county court, the portion shall be deposited	95446
into the county indigent drivers alcohol treatment fund under the	95447
control of that court;	95448

(ii) If the fee is paid by a person whose license or permit	95449
was suspended by a municipal court, the portion shall be deposited	95450
into the municipal indigent drivers alcohol treatment fund under	95451
the control of that court.	95452

(3) Expenditures from a county indigent drivers alcohol	95453
treatment fund, a county juvenile indigent drivers alcohol	95454
treatment fund, or a municipal indigent drivers alcohol treatment	95455
fund shall be made only upon the order of a county, juvenile, or	95456
municipal court judge and only for payment of the cost of an	95457
assessment or the cost of the attendance at an alcohol and drug	95458
addiction treatment program of a person who is convicted of, or	95459
found to be a juvenile traffic offender by reason of, a violation	95460
of division (A) of section 4511.19 of the Revised Code or a	95461
substantially similar municipal ordinance, who is ordered by the	95462
court to attend the alcohol and drug addiction treatment program,	95463
and who is determined by the court to be unable to pay the cost	95464
of the assessment or the cost of attendance at the treatment	95465
program or for payment of the costs specified in division (H)(4)	95466
of this section in accordance with that division. The alcohol	95467
and drug addiction services board or the board of alcohol, drug	95468
addiction, and mental health services established pursuant to	95469
section 340.02 or 340.021 of the Revised Code and serving the	95470
alcohol, drug addiction, and mental health service district in	95471
which the court is located shall administer the indigent drivers	95472
alcohol treatment program of the court. When a court orders an	95473
offender or juvenile traffic offender to obtain an assessment or	95474
attend an alcohol and drug addiction treatment program, the board	95475
shall determine which program is suitable to meet the needs of the	95476
offender or juvenile traffic offender, and when a suitable program	95477
is located and space is available at the program, the offender or	95478
juvenile traffic offender shall attend the program designated by	95479
the board. A reasonable amount not to exceed five per cent of the	95480
amounts credited to and deposited into the county indigent	95481
drivers alcohol treatment fund, the county juvenile indigent	95482
drivers alcohol treatment fund, or the municipal indigent drivers	95483
alcohol treatment fund serving every court whose program is	95484
administered by that board shall be paid to the board to cover	95485
the costs it incurs in administering those indigent drivers	95486
alcohol treatment programs.	95487

In addition, upon exhaustion of moneys in the indigent	95488
drivers interlock and alcohol monitoring fund for the use of an	95489
alcohol monitoring device, a county, juvenile, or municipal court	95490
judge may use moneys in the county indigent drivers alcohol	95491
treatment fund, county juvenile indigent drivers alcohol	95492
treatment fund, or municipal indigent drivers alcohol treatment	95493
fund in the following manners:	95494

(a) If the source of the moneys was an appropriation of the	95495
general assembly, a portion of a fee that was paid under division	95496
(F) of this section, a portion of a fine that was specified for	95497
deposit into the fund by section 4511.193 of the Revised Code, or	95498
a portion of a fine that was paid for a violation of section	95499
4511.19 of the Revised Code or of a provision contained in Chapter	95500
4510. of the Revised Code that was required to be deposited into	95501
the fund, to pay for the continued use of an alcohol monitoring	95502
device by an offender or juvenile traffic offender, in	95503
conjunction with a treatment program approved by the department	95504
of alcohol and drug addiction services, when such use is	95505
determined clinically necessary by the treatment program and	95506
when the court determines that the offender or juvenile traffic	95507
offender is unable to pay all or part of the daily monitoring or	95508
cost of the device;	95509

(b) If the source of the moneys was a portion of an	95510
additional court cost imposed under section 2949.094 of the	95511
Revised Code, to pay for the continued use of an alcohol	95512
monitoring device by an offender or juvenile traffic offender	95513
when the court determines that the offender or juvenile traffic	95514
offender is unable to pay all or part of the daily monitoring or	95515
cost of the device. The moneys may be used for a device as	95516
described in this division if the use of the device is in	95517
conjunction with a treatment program approved by the department	95518
of alcohol and drug addiction services, when the use of the device	95519
is determined clinically necessary by the treatment program, but	95520
the use of a device is not required to be in conjunction with a	95521
treatment program approved by the department in order for the	95522
moneys to be used for the device as described in this division.	95523

(4) If a county, juvenile, or municipal court determines, in	95524
consultation with the alcohol and drug addiction services board	95525
or the board of alcohol, drug addiction, and mental health	95526
services established pursuant to section 340.02 or 340.021 of the	95527
Revised Code and serving the alcohol, drug addiction, and mental	95528
health district in which the court is located, that the funds in	95529
the county indigent drivers alcohol treatment fund, the county	95530
juvenile indigent drivers alcohol treatment fund, or the	95531
municipal indigent drivers alcohol treatment fund under the	95532
control of the court are more than sufficient to satisfy the	95533
purpose for which the fund was established, as specified in	95534
divisions (H)(1) to (3) of this section, the court may declare a	95535
surplus in the fund. If the court declares a surplus in the	95536
fund, the court may expend the amount of the surplus in the fund	95537
for:	95538

(a) Alcohol and drug abuse assessment and treatment of	95539
persons who are charged in the court with committing a criminal	95540
offense or with being a delinquent child or juvenile traffic	95541
offender and in relation to whom both of the following apply:	95542

(i) The court determines that substance abuse was a	95543
contributing factor leading to the criminal or delinquent activity	95544
or the juvenile traffic offense with which the person is charged.	95545

(ii) The court determines that the person is unable to pay	95546
the cost of the alcohol and drug abuse assessment and treatment	95547
for which the surplus money will be used.	95548

(b) All or part of the cost of purchasing alcohol monitoring	95549
devices to be used in conjunction with division (H)(3) of this	95550
section, upon exhaustion of moneys in the indigent drivers	95551
interlock and alcohol monitoring fund for the use of an alcohol	95552
monitoring device.	95553

(5) For the purpose of determining as described in division	95554
(F)(2)(c) of this section whether an offender does not have the	95555
means to pay for the offender's attendance at an alcohol and drug	95556
addiction treatment program or whether an alleged offender or	95557
delinquent child is unable to pay the costs specified in division	95558
(H)(4) of this section, the court shall use the indigent client	95559
eligibility guidelines and the standards of indigency established	95560
by the state public defender to make the determination.	95561

(6) The court shall identify and refer any alcohol and drug	95562
addiction program that is not certified under section 3793.06 of	95563
the Revised Code and that is interested in receiving amounts from	95564
the surplus in the fund declared under division (H)(4) of this	95565
section to the department of alcohol and drug addiction services	95566
in order for the program to become a certified alcohol and drug	95567
addiction program. The department shall keep a record of	95568
applicant referrals received pursuant to this division and shall	95569
submit a report on the referrals each year to the general	95570
assembly. If a program interested in becoming certified makes an	95571
application to become certified pursuant to section 3793.06 of	95572
the Revised Code, the program is eligible to receive surplus	95573
funds as long as the application is pending with the department.	95574
The department of alcohol and drug addiction services must offer	95575
technical assistance to the applicant. If the interested program	95576
withdraws the certification application, the department must	95577
notify the court, and the court shall not provide the interested	95578
program with any further surplus funds.	95579

(7)(a) Each alcohol and drug addiction services board and	95580
board of alcohol, drug addiction, and mental health services	95581
established pursuant to section 340.02 or 340.021 of the Revised	95582
Code shall submit to the department of alcohol and drug addiction	95583
services an annual report for each indigent drivers alcohol	95584
treatment fund in that board's area.	95585

(b) The report, which shall be submitted not later than sixty	95586
days after the end of the state fiscal year, shall provide the	95587
total payment that was made from the fund, including the number of	95588
indigent consumers that received treatment services and the number	95589
of indigent consumers that received an alcohol monitoring device.	95590
The report shall identify the treatment program and expenditure	95591
for an alcohol monitoring device for which that payment was made.	95592
The report shall include the fiscal year balance of each indigent	95593
drivers alcohol treatment fund located in that board's area. In	95594
the event that a surplus is declared in the fund pursuant to	95595
division (H)(4) of this section, the report also shall provide the	95596
total payment that was made from the surplus moneys and identify	95597
the treatment program and expenditure for an alcohol monitoring	95598
device for which that payment was made. The department may require	95599
additional information necessary to complete the comprehensive	95600
statewide alcohol and drug addiction services plan as required by	95601
section 3793.04 of the Revised Code.	95602

(c) If a board is unable to obtain adequate information to	95603
develop the report to submit to the department for a particular	95604
indigent drivers alcohol treatment fund, the board shall submit a	95605
report detailing the effort made in obtaining the information.	95606

(I)(1) Each county shall establish an indigent drivers	95607
interlock and alcohol monitoring fund and a juvenile indigent	95608
drivers interlock and alcohol treatment fund, and each municipal	95609
corporation in which there is a municipal court shall establish an	95610
indigent drivers interlock and alcohol monitoring fund. All	95611
revenue that the general assembly appropriates to the indigent	95612
drivers interlock and alcohol monitoring fund for transfer to a	95613
county indigent drivers interlock and alcohol monitoring fund, a	95614
county juvenile indigent drivers interlock and alcohol monitoring	95615
fund, or a municipal indigent drivers interlock and alcohol	95616
monitoring fund, all portions of license reinstatement fees that	95617
are paid under division (F)(2) of this section and that are	95618
credited under that division to the indigent drivers interlock and	95619
alcohol monitoring fund in the state treasury, and all portions of	95620
fines that are paid under division (G) of section 4511.19 of the	95621
Revised Code and that are credited by division (G)(5)(e) of that	95622
section to the indigent drivers interlock and alcohol monitoring	95623
fund in the state treasury shall be deposited in the appropriate	95624
fund in accordance with division (I)(2) of this section.	95625

(2) That portion of the license reinstatement fee that is	95626
paid under division (F) of this section and that portion of the	95627
fine paid under division (G) of section 4511.19 of the Revised	95628
Code and that is credited under either division to the indigent	95629
drivers interlock and alcohol monitoring fund shall be deposited	95630
into a county indigent drivers interlock and alcohol monitoring	95631
fund, a county juvenile indigent drivers interlock and alcohol	95632
monitoring fund, or a municipal indigent drivers interlock and	95633
alcohol monitoring fund as follows:	95634

(a) If the fee or fine is paid by a person who was charged in	95635
a county court with the violation that resulted in the suspension	95636
or fine, the portion shall be deposited into the county indigent	95637
drivers interlock and alcohol monitoring fund under the control of	95638
that court.	95639

(b) If the fee or fine is paid by a person who was charged in	95640
a juvenile court with the violation that resulted in the	95641
suspension or fine, the portion shall be deposited into the county	95642
juvenile indigent drivers interlock and alcohol monitoring fund	95643
established in the county served by the court.	95644

(c) If the fee or fine is paid by a person who was charged in	95645
a municipal court with the violation that resulted in the	95646
suspension, the portion shall be deposited into the municipal	95647
indigent drivers interlock and alcohol monitoring fund under the	95648
control of that court.	95649

Sec. 4511.69. (A)(1) Every vehicle stopped or parked upon a	95650
roadway where there is an adjacent curb shall be stopped or parked	95651
with the right-hand wheels of the vehicle parallel with and not	95652
more than twelve inches from the right-hand curb, unless it is	95653
impossible to approach so close to the curb; in such case the stop	95654
shall be made as close to the curb as possible and only for the	95655
time necessary to discharge and receive passengers or to load or	95656
unload merchandise. Local authorities by ordinance may permit	95657
angle parking on any roadway under their jurisdiction, except that	95658
angle parking shall not be permitted on a state route within a	95659
municipal corporation unless an unoccupied roadway width of not	95660
less than twenty-five feet is available for free-moving traffic,	95661
subject to division (A)(2) of this section.	95662

(2)(a) On and after the effective date of this amendment, no	95663
angled parking space that is located on a state route within a	95664
municipal corporation is subject to elimination, irrespective of	95665
whether there is or is not at least twenty-five feet of unoccupied	95666
roadway width available for free-moving traffic at the location of	95667
that angled parking space, unless the municipal corporation	95668
approves of the elimination of the angled parking space.	95669

(b) Replacement, repainting, or any other repair performed by	95670
or on behalf of the municipal corporation of the lines that	95671
indicate the angled parking space does not constitute an intent by	95672
the municipal corporation to eliminate the angled parking space.	95673

(B) Local authorities by ordinance may permit parking of	95674
vehicles with the left-hand wheels adjacent to and within twelve	95675
inches of the left-hand curb of a one-way roadway.	95676

(C) No vehicle or trackless trolley shall be stopped or	95677
parked on a road or highway with the vehicle or trackless trolley	95678
facing in a direction other than the direction of travel on that	95679
side of the road or highway.	95680

(D) Notwithstanding any statute or any rule, resolution, or	95681
ordinance adopted by any local authority, air compressors,	95682
tractors, trucks, and other equipment, while being used in the	95683
construction, reconstruction, installation, repair, or removal of	95684
facilities near, on, over, or under a street or highway, may stop,	95685
stand, or park where necessary in order to perform such work,	95686
provided a flagperson is on duty or warning signs or lights are	95687
displayed as may be prescribed by the director of transportation.	95688

(E) Special parking locations and privileges for persons with	95689
disabilities that limit or impair the ability to walk, also known	95690
as handicapped parking spaces or disability parking spaces, shall	95691
be provided and designated by all political subdivisions and by	95692
the state and all agencies and instrumentalities thereof at all	95693
offices and facilities, where parking is provided, whether owned,	95694
rented, or leased, and at all publicly owned parking garages. The	95695
locations shall be designated through the posting of an elevated	95696
sign, whether permanently affixed or movable, imprinted with the	95697
international symbol of access and shall be reasonably close to	95698
exits, entrances, elevators, and ramps. All elevated signs posted	95699
in accordance with this division and division (C) of section	95700
3781.111 of the Revised Code shall be mounted on a fixed or	95701
movable post, and the distance from the ground to the top edge of	95702
the sign shall measure five feet. If a new sign or a replacement	95703
sign designating a special parking location is posted on or after	95704
October 14, 1999, there also shall be affixed upon the surface of	95705
that sign or affixed next to the designating sign a notice that	95706
states the fine applicable for the offense of parking a motor	95707
vehicle in the special designated parking location if the motor	95708
vehicle is not legally entitled to be parked in that location.	95709

(F)(1) No person shall stop, stand, or park any motor vehicle	95710
at special parking locations provided under division (E) of this	95711
section or at special clearly marked parking locations provided in	95712
or on privately owned parking lots, parking garages, or other	95713
parking areas and designated in accordance with that division,	95714
unless one of the following applies:	95715

(a) The motor vehicle is being operated by or for the	95716
transport of a person with a disability that limits or impairs the	95717
ability to walk and is displaying a valid removable windshield	95718
placard or special license plates;	95719

(b) The motor vehicle is being operated by or for the	95720
transport of a handicapped person and is displaying a parking card	95721
or special handicapped license plates.	95722

(2) Any motor vehicle that is parked in a special marked	95723
parking location in violation of division (F)(1)(a) or (b) of this	95724
section may be towed or otherwise removed from the parking	95725
location by the law enforcement agency of the political	95726
subdivision in which the parking location is located. A motor	95727
vehicle that is so towed or removed shall not be released to its	95728
owner until the owner presents proof of ownership of the motor	95729
vehicle and pays all towing and storage fees normally imposed by	95730
that political subdivision for towing and storing motor vehicles.	95731
If the motor vehicle is a leased vehicle, it shall not be released	95732
to the lessee until the lessee presents proof that that person is	95733
the lessee of the motor vehicle and pays all towing and storage	95734
fees normally imposed by that political subdivision for towing and	95735
storing motor vehicles.	95736

(3) If a person is charged with a violation of division	95737
(F)(1)(a) or (b) of this section, it is an affirmative defense to	95738
the charge that the person suffered an injury not more than	95739
seventy-two hours prior to the time the person was issued the	95740
ticket or citation and that, because of the injury, the person	95741
meets at least one of the criteria contained in division (A)(1) of	95742
section 4503.44 of the Revised Code.	95743

(G) When a motor vehicle is being operated by or for the	95744
transport of a person with a disability that limits or impairs the	95745
ability to walk and is displaying a removable windshield placard	95746
or a temporary removable windshield placard or special license	95747
plates, or when a motor vehicle is being operated by or for the	95748
transport of a handicapped person and is displaying a parking card	95749
or special handicapped license plates, the motor vehicle is	95750
permitted to park for a period of two hours in excess of the legal	95751
parking period permitted by local authorities, except where local	95752
ordinances or police rules provide otherwise or where the vehicle	95753
is parked in such a manner as to be clearly a traffic hazard.	95754

(H) No owner of an office, facility, or parking garage where	95755
special parking locations are required to be designated in	95756
accordance with division (E) of this section shall fail to	95757
properly mark the special parking locations in accordance with	95758
that division or fail to maintain the markings of the special	95759
locations, including the erection and maintenance of the fixed or	95760
movable signs.	95761

(I) Nothing in this section shall be construed to require a	95762
person or organization to apply for a removable windshield placard	95763
or special license plates if the parking card or special license	95764
plates issued to the person or organization under prior law have	95765
not expired or been surrendered or revoked.	95766

(J)(1) Whoever violates division (A) or (C) of this section	95767
is guilty of a minor misdemeanor.	95768

(2)(a) Whoever violates division (F)(1)(a) or (b) of this	95769
section is guilty of a misdemeanor and shall be punished as	95770
provided in division (J)(2)(a) and (b) of this section. Except as	95771
otherwise provided in division (J)(2)(a) of this section, an	95772
offender who violates division (F)(1)(a) or (b) of this section	95773
shall be fined not less than two hundred fifty nor more than five	95774
hundred dollars. An offender who violates division (F)(1)(a) or	95775
(b) of this section shall be fined not more than one hundred	95776
dollars if the offender, prior to sentencing, proves either of the	95777
following to the satisfaction of the court:	95778

(i) At the time of the violation of division (F)(1)(a) of	95779
this section, the offender or the person for whose transport the	95780
motor vehicle was being operated had been issued a removable	95781
windshield placard that then was valid or special license plates	95782
that then were valid but the offender or the person neglected to	95783
display the placard or license plates as described in division	95784
(F)(1)(a) of this section.	95785

(ii) At the time of the violation of division (F)(1)(b) of	95786
this section, the offender or the person for whose transport the	95787
motor vehicle was being operated had been issued a parking card	95788
that then was valid or special handicapped license plates that	95789
then were valid but the offender or the person neglected to	95790
display the card or license plates as described in division	95791
(F)(1)(b) of this section.	95792

(b) In no case shall an offender who violates division	95793
(F)(1)(a) or (b) of this section be sentenced to any term of	95794
imprisonment.	95795

An arrest or conviction for a violation of division (F)(1)(a)	95796
or (b) of this section does not constitute a criminal record and	95797
need not be reported by the person so arrested or convicted in	95798
response to any inquiries contained in any application for	95799
employment, license, or other right or privilege, or made in	95800
connection with the person's appearance as a witness.	95801

The clerk of the court shall pay every fine collected under	95802
division (J)(2) of this section to the political subdivision in	95803
which the violation occurred. Except as provided in division	95804
(J)(2) of this section, the political subdivision shall use the	95805
fine moneys it receives under division (J)(2) of this section to	95806
pay the expenses it incurs in complying with the signage and	95807
notice requirements contained in division (E) of this section. The	95808
political subdivision may use up to fifty per cent of each fine it	95809
receives under division (J)(2) of this section to pay the costs of	95810
educational, advocacy, support, and assistive technology programs	95811
for persons with disabilities, and for public improvements within	95812
the political subdivision that benefit or assist persons with	95813
disabilities, if governmental agencies or nonprofit organizations	95814
offer the programs.	95815

(3) Whoever violates division (H) of this section shall be	95816
punished as follows:	95817

(a) Except as otherwise provided in division (J)(3) of this	95818
section, the offender shall be issued a warning.	95819

(b) If the offender previously has been convicted of or	95820
pleaded guilty to a violation of division (H) of this section or	95821
of a municipal ordinance that is substantially similar to that	95822
division, the offender shall not be issued a warning but shall be	95823
fined not more than twenty-five dollars for each parking location	95824
that is not properly marked or whose markings are not properly	95825
maintained.	95826

(K) As used in this section:

95827

(1) "Handicapped person" means any person who has lost the	95828
use of one or both legs or one or both arms, who is blind, deaf,	95829
or so severely handicapped as to be unable to move without the aid	95830
of crutches or a wheelchair, or whose mobility is restricted by a	95831
permanent cardiovascular, pulmonary, or other handicapping	95832
condition.	95833

(2) "Person with a disability that limits or impairs the	95834
ability to walk" has the same meaning as in section 4503.44 of the	95835
Revised Code.	95836

(3) "Special license plates" and "removable windshield	95837
placard" mean any license plates or removable windshield placard	95838
or temporary removable windshield placard issued under section	95839
4503.41 or 4503.44 of the Revised Code, and also mean any	95840
substantially similar license plates or removable windshield	95841
placard or temporary removable windshield placard issued by a	95842
state, district, country, or sovereignty.	95843

Sec. 4513.021. (A) As used in this section:

95844

(1) "Passenger car" means any motor vehicle with motive	95845
power, designed for carrying ten persons or less, except a	95846
multipurpose passenger vehicle or motorcycle.	95847

(2) "Multipurpose passenger vehicle" means a motor vehicle	95848
with motive power, except a motorcycle, designed to carry ten	95849
persons or less, that is constructed either on a truck chassis or	95850
with special features for occasional off-road operation.	95851

(3) "Truck" means every motor vehicle, except trailers and	95852
semitrailers, designed and used to carry property and having a	95853
gross vehicle weight rating of ten thousand pounds or less.	95854

(4) "Manufacturer" has the same meaning as in section 4501.01	95855
of the Revised Code.	95856

(5) "Gross vehicle weight rating" means the manufacturer's	95857
gross vehicle weight rating established for that vehicle.	95858

(B) The director of public safety, in accordance with Chapter	95859
119. of the Revised Code, shall adopt rules in conformance with	95860
standards of the vehicle equipment safety commission, that shall	95861
govern the maximum bumper height or, in the absence of bumpers and	95862
in cases where bumper heights have been lowered or modified, the	95863
maximum height to the bottom of the frame rail, of any passenger	95864
car, multipurpose passenger vehicle, or truck.	95865

(C) No person shall operate upon a street or highway any	95866
passenger car, multipurpose passenger vehicle, or truck registered	95867
in this state that does not conform to the requirements of this	95868
section or to any applicable rule adopted pursuant to this	95869
section.	95870

(D) No person shall modify any motor vehicle registered in	95871
this state in such a manner as to cause the vehicle body or	95872
chassis to come in contact with the ground, expose the fuel tank	95873
to damage from collision, or cause the wheels to come in contact	95874
with the body under normal operation, and no person shall	95875
disconnect any part of the original suspension system of the	95876
vehicle to defeat the safe operation of that system.	95877

(E) Nothing contained in this section or in the rules adopted	95878
pursuant to this section shall be construed to prohibit either of	95879
the following:	95880

(1) The installation upon a passenger car, multipurpose	95881
passenger vehicle, or truck registered in this state of heavy duty	95882
equipment, including shock absorbers and overload springs;	95883

(2) The operation on a street or highway of a passenger car,	95884
multipurpose passenger vehicle, or truck registered in this state	95885
with normal wear to the suspension system if the normal wear does	95886
not adversely affect the control of the vehicle.	95887

(F) This section and the rules adopted pursuant to it do not	95888
apply to any specially designed or modified passenger car,	95889
multipurpose passenger vehicle, or truck when operated off a	95890
street or highway in races and similar events.	95891

(G) ~~Except as otherwise provided in this division, whoever~~	95892
Whoever violates this section is guilty of a minor misdemeanor. If	95893
~~the offender previously has been convicted of a violation of this~~	95894
~~section, whoever violates this section is guilty of a misdemeanor~~	95895
~~of the third degree.~~	95896

Sec. 4513.03. (A) Every vehicle upon a street or highway	95897
within this state during the time from sunset to sunrise, and at	95898
any other time when there are unfavorable atmospheric conditions	95899
or when there is not sufficient natural light to render	95900
discernible persons, vehicles, and substantial objects on the	95901
highway at a distance of one thousand feet ahead, shall display	95902
lighted lights and illuminating devices as required by sections	95903
4513.04 to 4513.37 of the Revised Code, for different classes of	95904
vehicles; except that every motorized bicycle shall display at	95905
such times lighted lights meeting the rules adopted by the	95906
director of public safety under section 4511.521 of the Revised	95907
Code. No motor vehicle, during such times, shall be operated upon	95908
a street or highway within this state using only parking lights as	95909
illumination.	95910

Whenever in such sections a requirement is declared as to the	95911
distance from which certain lamps and devices shall render objects	95912
visible, or within which such lamps or devices shall be visible,	95913
such distance shall be measured upon a straight level unlighted	95914
highway under normal atmospheric conditions unless a different	95915
condition is expressly stated.	95916

Whenever in such sections a requirement is declared as to the	95917
mounted height of lights or devices, it shall mean from the center	95918
of such light or device to the level ground upon which the vehicle	95919
stands.	95920

(B) Whoever violates this section ~~shall be punished as~~	95921
~~provided in section 4513.99 of the Revised Code~~is guilty of a	95922
minor misdemeanor.	95923

Sec. 4513.04. (A) Every motor vehicle, other than a	95924
motorcycle, and every trackless trolley shall be equipped with at	95925
least two headlights with at least one near each side of the front	95926
of the motor vehicle or trackless trolley.	95927

Every motorcycle shall be equipped with at least one and not	95928
more than two headlights.	95929

(B) Whoever violates this section ~~shall be punished as~~	95930
~~provided in section 4513.99 of the Revised Code~~is guilty of a	95931
minor misdemeanor.	95932

Sec. 4513.05. (A) Every motor vehicle, trackless trolley,	95933
trailer, semitrailer, pole trailer, or vehicle which is being	95934
drawn at the end of a train of vehicles shall be equipped with at	95935
least one tail light mounted on the rear which, when lighted,	95936
shall emit a red light visible from a distance of five hundred	95937
feet to the rear, provided that in the case of a train of vehicles	95938
only the tail light on the rearmost vehicle need be visible from	95939
the distance specified.	95940

Either a tail light or a separate light shall be so	95941
constructed and placed as to illuminate with a white light the	95942
rear registration plate, when such registration plate is required,	95943
and render it legible from a distance of fifty feet to the rear.	95944
Any tail light, together with any separate light for illuminating	95945
the rear registration plate, shall be so wired as to be lighted	95946
whenever the headlights or auxiliary driving lights are lighted,	95947
except where separate lighting systems are provided for trailers	95948
for the purpose of illuminating such registration plate.	95949

(B) Whoever violates this section ~~shall be punished as~~	95950
~~provided in section 4513.99 of the Revised Code~~is guilty of a	95951
minor misdemeanor.	95952

Sec. 4513.06. (A) Every new motor vehicle sold after	95953
September 6, 1941, and operated on a highway, other than a	95954
commercial tractor, to which a trailer or semitrailer is attached	95955
shall carry at the rear, either as a part of the tail lamps or	95956
separately, two red reflectors meeting the requirements of this	95957
section, except that vehicles of the type mentioned in section	95958
4513.07 of the Revised Code shall be equipped with reflectors as	95959
required by the regulations provided for in said section.	95960

Every such reflector shall be of such size and	95961
characteristics and so maintained as to be visible at night from	95962
all distances within three hundred feet to fifty feet from such	95963
vehicle.	95964

(B) Whoever violates this section ~~shall be punished as~~	95965
~~provided in section 4513.99 of the Revised Code~~is guilty of a	95966
minor misdemeanor.	95967

Sec. 4513.07. (A) The director of public safety shall	95968
prescribe and promulgate regulations relating to clearance lights,	95969
marker lights, reflectors, and stop lights on buses, trackless	95970
trolleys, trucks, commercial tractors, trailers, semitrailers, and	95971
pole trailers, when operated upon any highway, and such vehicles	95972
shall be equipped as required by such regulations, and such	95973
equipment shall be lighted at all times mentioned in section	95974
4513.03 of the Revised Code, except that clearance lights and side	95975
marker lights need not be lighted on any such vehicle when it is	95976
operated within a municipal corporation where there is sufficient	95977
light to reveal any person or substantial object on the highway at	95978
a distance of five hundred feet.	95979

Such equipment shall be in addition to all other lights	95980
specifically required by sections 4513.03 to 4513.16 of the	95981
Revised Code.	95982

Vehicles operated under the jurisdiction of the public	95983
utilities commission are not subject to this section.	95984

(B) Whoever violates this section ~~shall be punished as~~	95985
~~provided in section 4513.99 of the Revised Code~~is guilty of a	95986
minor misdemeanor.	95987

Sec. 4513.071. (A) Every motor vehicle, trailer,	95988
semitrailer, and pole trailer when operated upon a highway shall	95989
be equipped with two or more stop lights, except that passenger	95990
cars manufactured or assembled prior to January 1, 1967,	95991
motorcycles, and motor-driven cycles shall be equipped with at	95992
least one stop light. Stop lights shall be mounted on the rear of	95993
the vehicle, actuated upon application of the service brake, and	95994
may be incorporated with other rear lights. Such stop lights when	95995
actuated shall emit a red light visible from a distance of five	95996
hundred feet to the rear, provided that in the case of a train of	95997
vehicles only the stop lights on the rear-most vehicle need be	95998
visible from the distance specified.	95999

Such stop lights when actuated shall give a steady warning	96000
light to the rear of a vehicle or train of vehicles to indicate	96001
the intention of the operator to diminish the speed of or stop a	96002
vehicle or train of vehicles.	96003

When stop lights are used as required by this section, they	96004
shall be constructed or installed so as to provide adequate and	96005
reliable illumination and shall conform to the appropriate rules	96006
and regulations established under section 4513.19 of the Revised	96007
Code.	96008

Historical motor vehicles as defined in section 4503.181 of	96009
the Revised Code, not originally manufactured with stop lights,	96010
are not subject to this section.	96011

(B) Whoever violates this section ~~shall be punished as~~	96012
~~provided in section 4513.99 of the Revised Code~~is guilty of a	96013
minor misdemeanor.	96014

Sec. 4513.09. (A) Whenever the load upon any vehicle extends	96015
to the rear four feet or more beyond the bed or body of such	96016
vehicle, there shall be displayed at the extreme rear end of the	96017
load, at the times specified in section 4513.03 of the Revised	96018
Code, a red light or lantern plainly visible from a distance of at	96019
least five hundred feet to the sides and rear. The red light or	96020
lantern required by this section is in addition to the red rear	96021
light required upon every vehicle. At any other time there shall	96022
be displayed at the extreme rear end of such load a red flag or	96023
cloth not less than sixteen inches square.	96024

(B) Whoever violates this section ~~shall be punished as~~	96025
~~provided in section 4513.99 of the Revised Code~~is guilty of a	96026
minor misdemeanor.	96027

Sec. 4513.11. (A) All vehicles other than bicycles,	96028
including animal-drawn vehicles and vehicles referred to in	96029
division (G) of section 4513.02 of the Revised Code, not	96030
specifically required to be equipped with lamps or other lighting	96031
devices by sections 4513.03 to 4513.10 of the Revised Code, shall,	96032
at the times specified in section 4513.03 of the Revised Code, be	96033
equipped with at least one lamp displaying a white light visible	96034
from a distance of not less than one thousand feet to the front of	96035
the vehicle, and also shall be equipped with two lamps displaying	96036
red light visible from a distance of not less than one thousand	96037
feet to the rear of the vehicle, or as an alternative, one lamp	96038
displaying a red light visible from a distance of not less than	96039
one thousand feet to the rear and two red reflectors visible from	96040
all distances of six hundred feet to one hundred feet to the rear	96041
when illuminated by the lawful lower beams of headlamps.	96042

Lamps and reflectors required or authorized by this section	96043
shall meet standards adopted by the director of public safety.	96044

(B) All boat trailers, farm machinery, and other machinery,	96045
including all road construction machinery, upon a street or	96046
highway, except when being used in actual construction and	96047
maintenance work in an area guarded by a flagperson, or where	96048
flares are used, or when operating or traveling within the limits	96049
of a construction area designated by the director of	96050
transportation, a city engineer, or the county engineer of the	96051
several counties, when such construction area is marked in	96052
accordance with requirements of the director and the manual of	96053
uniform traffic control devices, as set forth in section 4511.09	96054
of the Revised Code, which is designed for operation at a speed of	96055
twenty-five miles per hour or less shall be operated at a speed	96056
not exceeding twenty-five miles per hour, and shall display a	96057
triangular slow-moving vehicle emblem (SMV). The emblem shall be	96058
mounted so as to be visible from a distance of not less than five	96059
hundred feet to the rear. The director of public safety shall	96060
adopt standards and specifications for the design and position of	96061
mounting the SMV emblem. The standards and specifications for SMV	96062
emblems referred to in this section shall correlate with and, so	96063
far as possible, conform with those approved by the American	96064
society of agricultural engineers.	96065

A unit of farm machinery that is designed by its manufacturer	96066
to operate at a speed greater than twenty-five miles per hour may	96067
be operated on a street or highway at a speed greater than	96068
twenty-five miles per hour provided it is operated in accordance	96069
with this section.	96070

As used in this division, "machinery" does not include any	96071
vehicle designed to be drawn by an animal.	96072

(C) The use of the SMV emblem shall be restricted to	96073
animal-drawn vehicles, and to the slow-moving vehicles specified	96074
in division (B) of this section operating or traveling within the	96075
limits of the highway. Its use on slow-moving vehicles being	96076
transported upon other types of vehicles or on any other type of	96077
vehicle or stationary object on the highway is prohibited.	96078

(D)(1) No person shall sell, lease, rent, or operate any boat	96079
trailer, farm machinery, or other machinery defined as a	96080
slow-moving vehicle in division (B) of this section, except those	96081
units designed to be completely mounted on a primary power unit,	96082
which is manufactured or assembled on or after April 1, 1966,	96083
unless the vehicle is equipped with a slow-moving vehicle emblem	96084
mounting device as specified in division (B) of this section.	96085

(2) No person shall sell, lease, rent, or operate on a street	96086
or highway any unit of farm machinery that is designed by its	96087
manufacturer to operate at a speed greater than twenty-five miles	96088
per hour unless the unit displays a slow-moving vehicle emblem as	96089
specified in division (B) of this section and a speed	96090
identification symbol that meets the specifications contained in	96091
the American society of agricultural engineers standard ANSI/ASAE	96092
S584 JAN2005, agricultural equipment: speed identification symbol	96093
(SIS).	96094

(E) Any boat trailer, farm machinery, or other machinery	96095
defined as a slow-moving vehicle in division (B) of this section,	96096
in addition to the use of the slow-moving vehicle emblem, and any	96097
unit of farm machinery that is designed by its manufacturer to	96098
operate at a speed greater than twenty-five miles per hour, in	96099
addition to the display of a speed identification symbol, may be	96100
equipped with a red flashing light that shall be visible from a	96101
distance of not less than one thousand feet to the rear at all	96102
times specified in section 4513.03 of the Revised Code. When a	96103
double-faced light is used, it shall display amber light to the	96104
front and red light to the rear.	96105

In addition to the lights described in this division, farm	96106
machinery and motor vehicles escorting farm machinery may display	96107
a flashing, oscillating, or rotating amber light, as permitted by	96108
section 4513.17 of the Revised Code, and also may display	96109
simultaneously flashing turn signals or warning lights, as	96110
permitted by that section.	96111

(F) Every animal-drawn vehicle upon a street or highway shall	96112
at all times be equipped in one of the following ways:	96113

(1) With a slow-moving vehicle emblem complying with division	96114
(B) of this section;	96115

(2) With alternate reflective material complying with rules	96116
adopted under this division;	96117

(3) With both a slow-moving vehicle emblem and alternate	96118
reflective material as specified in this division.	96119

The director of public safety, subject to Chapter 119. of the	96120
Revised Code, shall adopt rules establishing standards and	96121
specifications for the position of mounting of the alternate	96122
reflective material authorized by this division. The rules shall	96123
permit, as a minimum, the alternate reflective material to be	96124
black, gray, or silver in color. The alternate reflective material	96125
shall be mounted on the animal-drawn vehicle so as to be visible,	96126
at all times specified in section 4513.03 of the Revised Code,	96127
from a distance of not less than five hundred feet to the rear	96128
when illuminated by the lawful lower beams of headlamps.	96129

(G) Every unit of farm machinery that is designed by its	96130
manufacturer to operate at a speed greater than twenty-five miles	96131
per hour shall display a slow-moving vehicle emblem and a speed	96132
identification symbol that meets the specifications contained in	96133
the American society of agricultural engineers standard ANSI/ASAE	96134
S584 JAN2005, agricultural equipment: speed identification symbol	96135
(SIS) when the unit is operated upon a street or highway,	96136
irrespective of the speed at which the unit is operated on the	96137
street or highway. The speed identification symbol shall indicate	96138
the maximum speed in miles per hour at which the unit of farm	96139
machinery is designed by its manufacturer to operate. The display	96140
of the speed identification symbol shall be in accordance with the	96141
standard prescribed in this division.	96142

If an agricultural tractor that is designed by its	96143
manufacturer to operate at a speed greater than twenty-five miles	96144
per hour is being operated on a street or highway at a speed	96145
greater than twenty-five miles per hour and is towing, pulling, or	96146
otherwise drawing a unit of farm machinery, the unit of farm	96147
machinery shall display a slow-moving vehicle emblem and a speed	96148
identification symbol that is the same as the speed identification	96149
symbol that is displayed on the agricultural tractor.	96150

(H) When an agricultural tractor that is designed by its	96151
manufacturer to operate at a speed greater than twenty-five miles	96152
per hour is being operated on a street or highway at a speed	96153
greater than twenty-five miles per hour, the operator shall	96154
possess some documentation published or provided by the	96155
manufacturer indicating the maximum speed in miles per hour at	96156
which the manufacturer designed the agricultural tractor to	96157
operate.	96158

(I) Whoever violates this section ~~shall be punished as~~	96159
~~provided in section 4513.99 of the Revised Code~~is guilty of a	96160
minor misdemeanor.	96161

(J) As used in this section, "boat trailer" means any vehicle	96162
designed and used exclusively to transport a boat between a place	96163
of storage and a marina, or in and around a marina, when drawn or	96164
towed on a street or highway for a distance of no more than ten	96165
miles and at a speed of twenty-five miles per hour or less.	96166

Sec. 4513.111. (A)(1) Every multi-wheel agricultural tractor	96167
whose model year was 2001 or earlier, when being operated or	96168
traveling on a street or highway at the times specified in section	96169
4513.03 of the Revised Code, at a minimum shall be equipped with	96170
and display reflectors and illuminated amber lamps so that the	96171
extreme left and right projections of the tractor are indicated by	96172
flashing lamps displaying amber light, visible to the front and	96173
the rear, by amber reflectors, all visible to the front, and by	96174
red reflectors, all visible to the rear.	96175

(2) The lamps displaying amber light need not flash	96176
simultaneously and need not flash in conjunction with any	96177
directional signals of the tractor.	96178

(3) The lamps and reflectors required by division (A)(1) of	96179
this section and their placement shall meet standards and	96180
specifications contained in rules adopted by the director of	96181
public safety in accordance with Chapter 119. of the Revised Code.	96182
The rules governing the amber lamps, amber reflectors, and red	96183
reflectors and their placement shall correlate with and, as far as	96184
possible, conform with paragraphs 4.1.4.1, 4.1.7.1, and 4.1.7.2	96185
respectively of the American society of agricultural engineers	96186
standard ANSI/ASAE S279.10 OCT98, lighting and marking of	96187
agricultural equipment on highways.	96188

(B) Every unit of farm machinery whose model year was 2002 or	96189
later, when being operated or traveling on a street or highway at	96190
the times specified in section 4513.03 of the Revised Code, shall	96191
be equipped with and display markings and illuminated lamps that	96192
meet or exceed the lighting, illumination, and marking standards	96193
and specifications that are applicable to that type of farm	96194
machinery for the unit's model year specified in the American	96195
society of agricultural engineers standard ANSI/ASAE S279.11	96196
APR01, lighting and marking of agricultural equipment on highways,	96197
or any subsequent revisions of that standard.	96198

(C) The lights and reflectors required by division (A) of	96199
this section are in addition to the slow-moving vehicle emblem and	96200
lights required or permitted by section 4513.11 or 4513.17 of the	96201
Revised Code to be displayed on farm machinery being operated or	96202
traveling on a street or highway.	96203

(D) No person shall operate any unit of farm machinery on a	96204
street or highway or cause any unit of farm machinery to travel on	96205
a street or highway in violation of division (A) or (B) of this	96206
section.	96207

(E) Whoever violates this section ~~shall be punished as~~	96208
~~provided in section 4513.99 of the Revised Code~~is guilty of a	96209
minor misdemeanor.	96210

Sec. 4513.12. (A) Any motor vehicle may be equipped with not	96211
more than one spotlight and every lighted spotlight shall be so	96212
aimed and used upon approaching another vehicle that no part of	96213
the high-intensity portion of the beam will be directed to the	96214
left of the prolongation of the extreme left side of the vehicle,	96215
nor more than one hundred feet ahead of the vehicle.	96216

Any motor vehicle may be equipped with not more than three	96217
auxiliary driving lights mounted on the front of the vehicle. The	96218
director of public safety shall prescribe specifications for	96219
auxiliary driving lights and regulations for their use, and any	96220
such lights which do not conform to said specifications and	96221
regulations shall not be used.	96222

(B) Whoever violates this section ~~shall be punished as~~	96223
~~provided in section 4513.99 of the Revised Code~~is guilty of a	96224
minor misdemeanor.	96225

Sec. 4513.13. (A) Any motor vehicle may be equipped with	96226
side cowl or fender lights which shall emit a white or amber light	96227
without glare.	96228

Any motor vehicle may be equipped with lights on each side	96229
thereof which shall emit a white or amber light without glare.	96230

Any motor vehicle may be equipped with back-up lights, either	96231
separately or in combination with another light. No back-up lights	96232
shall be continuously lighted when the motor vehicle is in forward	96233
motion.	96234

(B) Whoever violates this section ~~shall be punished as~~	96235
~~provided in section 4513.99 of the Revised Code~~is guilty of a	96236
minor misdemeanor.	96237

Sec. 4513.14. (A) At all times mentioned in section 4513.03	96238
of the Revised Code at least two lighted lights shall be	96239
displayed, one near each side of the front of every motor vehicle	96240
and trackless trolley, except when such vehicle or trackless	96241
trolley is parked subject to the regulations governing lights on	96242
parked vehicles and trackless trolleys.	96243

The director of public safety shall prescribe and promulgate	96244
regulations relating to the design and use of such lights and such	96245
regulations shall be in accordance with currently recognized	96246
standards.	96247

(B) Whoever violates this section ~~shall be punished as~~	96248
~~provided in section 4513.99 of the Revised Code~~is guilty of a	96249
minor misdemeanor.	96250

Sec. 4513.15. (A) Whenever a motor vehicle is being operated	96251
on a roadway or shoulder adjacent thereto during the times	96252
specified in section 4513.03 of the Revised Code, the driver shall	96253
use a distribution of light, or composite beam, directed high	96254
enough and of sufficient intensity to reveal persons, vehicles,	96255
and substantial objects at a safe distance in advance of the	96256
vehicle, subject to the following requirements;	96257

(1) Whenever the driver of a vehicle approaches an oncoming	96258
vehicle, such driver shall use a distribution of light, or	96259
composite beam, so aimed that the glaring rays are not projected	96260
into the eyes of the oncoming driver.	96261

(2) Every new motor vehicle registered in this state, which	96262
has multiple-beam road lighting equipment shall be equipped with a	96263
beam indicator, which shall be lighted whenever the uppermost	96264
distribution of light from the headlights is in use, and shall not	96265
otherwise be lighted. Said indicator shall be so designed and	96266
located that, when lighted, it will be readily visible without	96267
glare to the driver of the vehicle.	96268

(B) Whoever violates this section ~~shall be punished as~~	96269
~~provided in section 4513.99 of the Revised Code~~is guilty of a	96270
minor misdemeanor.	96271

Sec. 4513.16. (A) Any motor vehicle may be operated under	96272
the conditions specified in section 4513.03 of the Revised Code	96273
when it is equipped with two lighted lights upon the front thereof	96274
capable of revealing persons and substantial objects seventy-five	96275
feet ahead, in lieu of lights required in section 4513.14 of the	96276
Revised Code, provided that such vehicle shall not be operated at	96277
a speed in excess of twenty miles per hour.	96278

(B) Whoever violates this section ~~shall be punished as~~	96279
~~provided in section 4513.99 of the Revised Code~~is guilty of a	96280
minor misdemeanor.	96281

Sec. 4513.17. (A) Whenever a motor vehicle equipped with	96282
headlights also is equipped with any auxiliary lights or spotlight	96283
or any other light on the front thereof projecting a beam of an	96284
intensity greater than three hundred candle power, not more than a	96285
total of five of any such lights on the front of a vehicle shall	96286
be lighted at any one time when the vehicle is upon a highway.	96287

(B) Any lighted light or illuminating device upon a motor	96288
vehicle, other than headlights, spotlights, signal lights, or	96289
auxiliary driving lights, that projects a beam of light of an	96290
intensity greater than three hundred candle power, shall be so	96291
directed that no part of the beam will strike the level of the	96292
roadway on which the vehicle stands at a distance of more than	96293
seventy-five feet from the vehicle.	96294

(C)(1) Flashing lights are prohibited on motor vehicles,	96295
except as a means for indicating a right or a left turn, or in the	96296
presence of a vehicular traffic hazard requiring unusual care in	96297
approaching, or overtaking or passing. This prohibition does not	96298
apply to emergency vehicles, road service vehicles servicing or	96299
towing a disabled vehicle, traffic line stripers, snow plows,	96300
rural mail delivery vehicles, vehicles as provided in section	96301
4513.182 of the Revised Code, department of transportation	96302
maintenance vehicles, funeral hearses, funeral escort vehicles,	96303
and similar equipment operated by the department or local	96304
authorities, which shall be equipped with and display, when used	96305
on a street or highway for the special purpose necessitating such	96306
lights, a flashing, oscillating, or rotating amber light, but	96307
shall not display a flashing, oscillating, or rotating light of	96308
any other color, nor to vehicles or machinery permitted by section	96309
4513.11 of the Revised Code to have a flashing red light.	96310

(2) When used on a street or highway, farm machinery and	96311
vehicles escorting farm machinery may be equipped with and display	96312
a flashing, oscillating, or rotating amber light, and the	96313
prohibition contained in division (C)(1) of this section does not	96314
apply to such machinery or vehicles. Farm machinery also may	96315
display the lights described in section 4513.11 of the Revised	96316
Code.	96317

(D) Except a person operating a public safety vehicle, as	96318
defined in division (E) of section 4511.01 of the Revised Code, or	96319
a school bus, no person shall operate, move, or park upon, or	96320
permit to stand within the right-of-way of any public street or	96321
highway any vehicle or equipment that is equipped with and	96322
displaying a flashing red or a flashing combination red and white	96323
light, or an oscillating or rotating red light, or a combination	96324
red and white oscillating or rotating light; and except a public	96325
law enforcement officer, or other person sworn to enforce the	96326
criminal and traffic laws of the state, operating a public safety	96327
vehicle when on duty, no person shall operate, move, or park upon,	96328
or permit to stand within the right-of-way of any street or	96329
highway any vehicle or equipment that is equipped with, or upon	96330
which is mounted, and displaying a flashing blue or a flashing	96331
combination blue and white light, or an oscillating or rotating	96332
blue light, or a combination blue and white oscillating or	96333
rotating light.	96334

(E) This section does not prohibit the use of warning lights	96335
required by law or the simultaneous flashing of turn signals on	96336
disabled vehicles or on vehicles being operated in unfavorable	96337
atmospheric conditions in order to enhance their visibility. This	96338
section also does not prohibit the simultaneous flashing of turn	96339
signals or warning lights either on farm machinery or vehicles	96340
escorting farm machinery, when used on a street or highway.	96341

(F) Whoever violates this section ~~shall be punished as~~	96342
~~provided in section 4513.99 of the Revised Code~~is guilty of a	96343
minor misdemeanor.	96344

Sec. 4513.171. (A) Notwithstanding any other provision of	96345
law, a motor vehicle operated by a coroner, deputy coroner, or	96346
coroner's investigator may be equipped with a flashing,	96347
oscillating, or rotating red or blue light and a siren, whistle,	96348
or bell capable of emitting sound audible under normal conditions	96349
from a distance of not less than five hundred feet. Such a vehicle	96350
may display the flashing, oscillating, or rotating red or blue	96351
light and may give the audible signal of the siren, exhaust	96352
whistle, or bell only when responding to a fatality or a fatal	96353
motor vehicle accident on a street or highway and only at those	96354
locations where the stoppage of traffic impedes the ability of the	96355
coroner, deputy coroner, or coroner's investigator to arrive at	96356
the site of the fatality.	96357

This section does not relieve a coroner, deputy coroner, or	96358
coroner's investigator operating a motor vehicle from the duty to	96359
drive with due regard for the safety of all persons and property	96360
upon the highway.	96361

(B) Whoever violates this section ~~shall be punished as~~	96362
~~provided in section 4513.99 of the Revised Code~~is guilty of a	96363
minor misdemeanor.	96364

Sec. 4513.18. (A) The director of transportation shall adopt	96365
standards and specifications applicable to headlights, clearance	96366
lights, identification, and other lights, on snow removal	96367
equipment when operated on the highways, and on vehicles operating	96368
under special permits pursuant to section 4513.34 of the Revised	96369
Code, in lieu of the lights otherwise required on motor vehicles.	96370
Such standards and specifications may permit the use of flashing	96371
lights for purposes of identification on snow removal equipment,	96372
and oversize vehicles when in service upon the highways. The	96373
standards and specifications for lights referred to in this	96374
section shall correlate with and, so far as possible, conform with	96375
those approved by the American association of state highway	96376
officials.	96377

It is unlawful to operate snow removal equipment on a highway	96378
unless the lights thereon comply with and are lighted when and as	96379
required by the standards and specifications adopted as provided	96380
in this section.	96381

(B) Whoever violates this section ~~shall be punished as~~	96382
~~provided in section 4513.99 of the Revised Code~~is guilty of a	96383
minor misdemeanor.	96384

Sec. 4513.19. (A) No person shall use any lights mentioned	96385
in sections 4513.03 to 4513.18 of the Revised Code upon any motor	96386
vehicle, trailer, or semitrailer unless said lights are equipped,	96387
mounted, and adjusted as to focus and aim in accordance with	96388
regulations which are prescribed by the director of public safety.	96389

(B) Whoever violates this section ~~shall be punished as~~	96390
~~provided in section 4513.99 of the Revised Code~~is guilty of a	96391
minor misdemeanor.	96392

Sec. 4513.21. (A) Every motor vehicle or trackless trolley	96393
when operated upon a highway shall be equipped with a horn which	96394
is in good working order and capable of emitting sound audible,	96395
under normal conditions, from a distance of not less than two	96396
hundred feet.	96397

No motor vehicle or trackless trolley shall be equipped with,	96398
nor shall any person use upon a vehicle, any siren, whistle, or	96399
bell. Any vehicle may be equipped with a theft alarm signal device	96400
which shall be so arranged that it cannot be used as an ordinary	96401
warning signal. Every emergency vehicle shall be equipped with a	96402
siren, whistle, or bell, capable of emitting sound audible under	96403
normal conditions from a distance of not less than five hundred	96404
feet and of a type approved by the director of public safety. Such	96405
equipment shall not be used except when such vehicle is operated	96406
in response to an emergency call or is in the immediate pursuit of	96407
an actual or suspected violator of the law, in which case the	96408
driver of the emergency vehicle shall sound such equipment when it	96409
is necessary to warn pedestrians and other drivers of the approach	96410
thereof.	96411

(B) Whoever violates this section ~~shall be punished as~~	96412
~~provided in section 4513.99 of the Revised Code~~is guilty of a	96413
minor misdemeanor.	96414

Sec. 4513.22. (A) Every motor vehicle and motorcycle with an	96415
internal combustion engine shall at all times be equipped with a	96416
muffler which is in good working order and in constant operation	96417
to prevent excessive or unusual noise, and no person shall use a	96418
muffler cutout, by-pass, or similar device upon a motor vehicle on	96419
a highway. Every motorcycle muffler shall be equipped with baffle	96420
plates.	96421

No person shall own, operate, or have in the person's	96422
possession any motor vehicle or motorcycle equipped with a device	96423
for producing excessive smoke or gas, or so equipped as to permit	96424
oil or any other chemical to flow into or upon the exhaust pipe or	96425
muffler of such vehicle, or equipped in any other way to produce	96426
or emit smoke or dangerous or annoying gases from any portion of	96427
such vehicle, other than the ordinary gases emitted by the exhaust	96428
of an internal combustion engine under normal operation.	96429

(B) Whoever violates this section ~~shall be punished as~~	96430
~~provided in section 4513.99 of the Revised Code~~is guilty of a	96431
minor misdemeanor.	96432

Sec. 4513.23. (A) Every motor vehicle, motorcycle, and	96433
trackless trolley shall be equipped with a mirror so located as to	96434
reflect to the operator a view of the highway to the rear of such	96435
vehicle, motorcycle, or trackless trolley. Operators of vehicles,	96436
motorcycles, streetcars, and trackless trolleys shall have a clear	96437
and unobstructed view to the front and to both sides of their	96438
vehicles, motorcycles, streetcars, or trackless trolleys and shall	96439
have a clear view to the rear of their vehicles, motorcycles,	96440
streetcars, or trackless trolleys by mirror.	96441

(B) Whoever violates this section ~~shall be punished as~~	96442
~~provided in section 4513.99 of the Revised Code~~is guilty of a	96443
minor misdemeanor.	96444

Sec. 4513.24. (A) No person shall drive any motor vehicle on	96445
a street or highway in this state, other than a motorcycle or	96446
motorized bicycle, that is not equipped with a windshield.	96447

(B) No person shall drive any motor vehicle, other than a	96448
bus, with any sign, poster, or other nontransparent material upon	96449
the front windshield, sidewings, side, or rear windows of such	96450
vehicle other than a certificate or other paper required to be	96451
displayed by law, except that there may be in the lower left-hand	96452
or right-hand corner of the windshield a sign, poster, or decal	96453
not to exceed four inches in height by six inches in width. No	96454
sign, poster, or decal shall be displayed in the front windshield	96455
in such a manner as to conceal the vehicle identification number	96456
for the motor vehicle when, in accordance with federal law, that	96457
number is located inside the vehicle passenger compartment and so	96458
placed as to be readable through the vehicle glazing without	96459
moving any part of the vehicle.	96460

(C) The windshield on every motor vehicle, streetcar, and	96461
trackless trolley shall be equipped with a device for cleaning	96462
rain, snow, or other moisture from the windshield. The device	96463
shall be maintained in good working order and so constructed as to	96464
be controlled or operated by the operator of the vehicle,	96465
streetcar, or trackless trolley.	96466

(D) Whoever violates this section ~~shall be punished as~~	96467
~~provided in section 4513.99 of the Revised Code~~is guilty of a	96468
minor misdemeanor.	96469

Sec. 4513.242. (A) Notwithstanding section 4513.24 and	96470
division (F) of section 4513.241 of the Revised Code or any rule	96471
adopted thereunder, a decal, whether reflectorized or not, may be	96472
displayed upon any side window or sidewing of a motor vehicle if	96473
all of the following are met:	96474

(1) The decal is necessary for public or private security	96475
arrangements to which the motor vehicle periodically is subjected;	96476

(2) The decal is no larger than is necessary to accomplish	96477
the security arrangements;	96478

(3) The decal does not obscure the vision of the motor	96479
vehicle operator or prevent a person looking into the motor	96480
vehicle from seeing or identifying persons or objects inside the	96481
motor vehicle.	96482

(B) Whoever violates this section ~~shall be punished as~~	96483
~~provided in section 4513.99 of the Revised Code~~is guilty of a	96484
minor misdemeanor.	96485

Sec. 4513.28. (A) Whenever any motor truck, trackless	96486
trolley, bus, commercial tractor, trailer, semi-trailer, or pole	96487
trailer is disabled upon the traveled portion of any highway or	96488
the shoulder thereof outside of any municipality, or upon any	96489
freeway, expressway, thruway and connecting, entering or exiting	96490
ramps within a municipality, at any time when lighted lamps are	96491
required on vehicles and trackless trolleys, the operator of such	96492
vehicle or trackless trolley shall display the following warning	96493
devices upon the highway during the time the vehicle or trackless	96494
trolley is so disabled on the highway except as provided in	96495
division (B) of this section:	96496

(1) A lighted fusee shall be immediately placed on the	96497
roadway at the traffic side of such vehicle or trackless trolley,	96498
unless red electric lanterns or red reflectors are displayed.	96499

(2) Within the burning period of the fusee and as promptly as	96500
possible, three lighted flares or pot torches, or three red	96501
reflectors or three red electric lanterns shall be placed on the	96502
roadway as follows:	96503

(a) One at a distance of forty paces or approximately one	96504
hundred feet in advance of the vehicle;	96505

(b) One at a distance of forty paces or approximately one	96506
hundred feet to the rear of the vehicle or trackless trolley	96507
except as provided in this section, each in the center of the lane	96508
of traffic occupied by the disabled vehicle or trackless trolley;	96509

(c) One at the traffic side of the vehicle or trackless	96510
trolley.	96511

(B) Whenever any vehicle used in transporting flammable	96512
liquids in bulk, or in transporting compressed flammable gases, is	96513
disabled upon a highway at any time or place mentioned in division	96514
(A) of this section, the driver of such vehicle shall display upon	96515
the roadway the following warning devices:	96516

(1) One red electric lantern or one red reflector shall be	96517
immediately placed on the roadway at the traffic side of the	96518
vehicle;	96519

(2) Two other red electric lanterns or two other red	96520
reflectors shall be placed to the front and rear of the vehicle in	96521
the same manner prescribed for flares in division (A) of this	96522
section.	96523

(C) When a vehicle of a type specified in division (B) of	96524
this section is disabled, the use of flares, fusees, or any signal	96525
produced by flame as warning signals is prohibited.	96526

(D) Whenever any vehicle or trackless trolley of a type	96527
referred to in this section is disabled upon the traveled portion	96528
of a highway or the shoulder thereof, outside of any municipality,	96529
or upon any freeway, expressway, thruway and connecting, entering	96530
or exiting ramps within a municipality, at any time when the	96531
display of fusees, flares, red reflectors, or electric lanterns is	96532
not required, the operator of such vehicle or trackless trolley	96533
shall display two red flags upon the roadway in the lane of	96534
traffic occupied by the disabled vehicle or trackless trolley, one	96535
at a distance of forty paces or approximately one hundred feet in	96536
advance of the vehicle or trackless trolley, and one at a distance	96537
of forty paces or approximately one hundred feet to the rear of	96538
the vehicle or trackless trolley, except as provided in this	96539
section.	96540

(E) The flares, fusees, lanterns, red reflectors, and flags	96541
to be displayed as required in this section shall conform with the	96542
requirements of section 4513.27 of the Revised Code applicable	96543
thereto.	96544

(F) In the event the vehicle or trackless trolley is disabled	96545
near a curve, crest of a hill, or other obstruction of view, the	96546
flare, flag, reflector, or lantern in that direction shall be	96547
placed as to afford ample warning to other users of the highway,	96548
but in no case shall it be placed less than forty paces or	96549
approximately one hundred feet nor more than one hundred twenty	96550
paces or approximately three hundred feet from the disabled	96551
vehicle or trackless trolley.	96552

(G) This section does not apply to the operator of any	96553
vehicle in a work area designated by protection equipment devices	96554
that are displayed and used in accordance with the manual adopted	96555
by the department of transportation under section 4511.09 of the	96556
Revised Code.	96557

(H) Whoever violates this section ~~shall be punished as~~	96558
~~provided in section 4513.99 of the Revised Code~~is guilty of a	96559
minor misdemeanor.	96560

Sec. 4513.60. (A)(1) The sheriff of a county or chief of	96561
police of a municipal corporation, township, or township police	96562
district, within the sheriff's or chief's respective territorial	96563
jurisdiction, upon complaint of any person adversely affected, may	96564
order into storage any motor vehicle, other than an abandoned junk	96565
motor vehicle as defined in section 4513.63 of the Revised Code,	96566
that has been left on private residential or private agricultural	96567
property for at least four hours without the permission of the	96568
person having the right to the possession of the property. The	96569
sheriff or chief of police, upon complaint of the owner of a	96570
repair garage or place of storage, may order into storage any	96571
motor vehicle, other than an abandoned junk motor vehicle, that	96572
has been left at the garage or place of storage for a longer	96573
period than that agreed upon. The place of storage shall be	96574
designated by the sheriff or chief of police. When ordering a	96575
motor vehicle into storage pursuant to this division, a sheriff or	96576
chief of police, whenever possible, shall arrange for the removal	96577
of the motor vehicle by a private tow truck operator or towing	96578
company. Subject to division (C) of this section, the owner of a	96579
motor vehicle that has been removed pursuant to this division may	96580
recover the vehicle only in accordance with division (E) of this	96581
section.	96582

(2) Divisions (A)(1) to (3) of this section do not apply to	96583
any private residential or private agricultural property that is	96584
established as a private tow-away zone in accordance with division	96585
(B) of this section.	96586

(3) As used in divisions (A)(1) and (2) of this section,	96587
"private residential property" means private property on which is	96588
located one or more structures that are used as a home, residence,	96589
or sleeping place by one or more persons, if no more than three	96590
separate households are maintained in the structure or structures.	96591
"Private residential property" does not include any private	96592
property on which is located one or more structures that are used	96593
as a home, residence, or sleeping place by two or more persons, if	96594
more than three separate households are maintained in the	96595
structure or structures.	96596

(B)(1) The owner of private property may establish a private	96597
tow-away zone only if all of the following conditions are	96598
satisfied:	96599

(a) The owner posts on the owner's property a sign, that is	96600
at least eighteen inches by twenty-four inches in size, that is	96601
visible from all entrances to the property, and that contains at	96602
least all of the following information:	96603

(i) A notice that the property is a private tow-away zone and	96604
that vehicles not authorized to park on the property will be towed	96605
away;	96606

(ii) The telephone number of the person from whom a	96607
towed-away vehicle can be recovered, and the address of the place	96608
to which the vehicle will be taken and the place from which it may	96609
be recovered;	96610

(iii) A statement that the vehicle may be recovered at any	96611
time during the day or night upon the submission of proof of	96612
ownership and the payment of a towing charge, in an amount not to	96613
exceed ninety dollars, and a storage charge, in an amount not to	96614
exceed twelve dollars per twenty-four-hour period; except that the	96615
charge for towing shall not exceed one hundred fifty dollars, and	96616
the storage charge shall not exceed twenty dollars per	96617
twenty-four-hour period, if the vehicle has a manufacturer's gross	96618
vehicle weight rating in excess of ten thousand pounds and is a	96619
truck, bus, or a combination of a commercial tractor and trailer	96620
or semitrailer.	96621

(b) The place to which the towed vehicle is taken and from	96622
which it may be recovered is conveniently located, is well	96623
lighted, and is on or within a reasonable distance of a regularly	96624
scheduled route of one or more modes of public transportation, if	96625
any public transportation is available in the municipal	96626
corporation or township in which the private tow-away zone is	96627
located.	96628

(2) If a vehicle is parked on private property that is	96629
established as a private tow-away zone in accordance with division	96630
(B)(1) of this section, without the consent of the owner of the	96631
property or in violation of any posted parking condition or	96632
regulation, the owner or the owner's agent may remove, or cause	96633
the removal of, the vehicle, the owner and the operator of the	96634
vehicle shall be deemed to have consented to the removal and	96635
storage of the vehicle and to the payment of the towing and	96636
storage charges specified in division (B)(1)(a)(iii) of this	96637
section, and the owner, subject to division (C) of this section,	96638
may recover a vehicle that has been so removed only in accordance	96639
with division (E) of this section.	96640

(3) If a municipal corporation requires tow trucks and tow	96641
truck operators to be licensed, no owner of private property	96642
located within the municipal corporation shall remove, or shall	96643
cause the removal and storage of, any vehicle pursuant to division	96644
(B)(2) of this section by an unlicensed tow truck or unlicensed	96645
tow truck operator.	96646

(4) Divisions (B)(1) to (3) of this section do not affect or	96647
limit the operation of division (A) of this section or sections	96648
4513.61 to 4513.65 of the Revised Code as they relate to property	96649
other than private property that is established as a private	96650
tow-away zone under division (B)(1) of this section.	96651

(C) If the owner or operator of a motor vehicle that has been	96652
ordered into storage pursuant to division (A)(1) of this section	96653
or of a vehicle that is being removed under authority of division	96654
(B)(2) of this section arrives after the motor vehicle or vehicle	96655
has been prepared for removal, but prior to its actual removal	96656
from the property, the owner or operator shall be given the	96657
opportunity to pay a fee of not more than one-half of the charge	96658
for the removal of motor vehicles under division (A)(1) of this	96659
section or of vehicles under division (B)(2) of this section,	96660
whichever is applicable, that normally is assessed by the person	96661
who has prepared the motor vehicle or vehicle for removal, in	96662
order to obtain release of the motor vehicle or vehicle. Upon	96663
payment of that fee, the motor vehicle or vehicle shall be	96664
released to the owner or operator, and upon its release, the owner	96665
or operator immediately shall move it so that:	96666

(1) If the motor vehicle was ordered into storage pursuant to	96667
division (A)(1) of this section, it is not on the private	96668
residential or private agricultural property without the	96669
permission of the person having the right to possession of the	96670
property, or is not at the garage or place of storage without the	96671
permission of the owner, whichever is applicable.	96672

(2) If the vehicle was being removed under authority of	96673
division (B)(2) of this section, it is not parked on the private	96674
property established as a private tow-away zone without the	96675
consent of the owner or in violation of any posted parking	96676
condition or regulation.	96677

(D)(1) If an owner of private property that is established as	96678
a private tow-away zone in accordance with division (B)(1) of this	96679
section or the authorized agent of such an owner removes or causes	96680
the removal of a vehicle from that property under authority of	96681
division (B)(2) of this section, the owner or agent promptly shall	96682
notify the police department of the municipal corporation,	96683
township, or township police district in which the property is	96684
located, of the removal, the vehicle's license number, make,	96685
model, and color, the location from which it was removed, the date	96686
and time of its removal, the telephone number of the person from	96687
whom it may be recovered, and the address of the place to which it	96688
has been taken and from which it may be recovered.	96689

(2) Each county sheriff and each chief of police of a	96690
municipal corporation, township, or township police district shall	96691
maintain a record of motor vehicles that the sheriff or chief	96692
orders into storage pursuant to division (A)(1) of this section	96693
and of vehicles removed from private property in the sheriff's or	96694
chief's jurisdiction that is established as a private tow-away	96695
zone of which the sheriff or chief has received notice under	96696
division (D)(1) of this section. The record shall include an entry	96697
for each such motor vehicle or vehicle that identifies the motor	96698
vehicle's or vehicle's license number, make, model, and color, the	96699
location from which it was removed, the date and time of its	96700
removal, the telephone number of the person from whom it may be	96701
recovered, and the address of the place to which it has been taken	96702
and from which it may be recovered. Any information in the record	96703
that pertains to a particular motor vehicle or vehicle shall be	96704
provided to any person who, either in person or pursuant to a	96705
telephone call, identifies self as the owner or operator of the	96706
motor vehicle or vehicle and requests information pertaining to	96707
its location.	96708

(3) Any person who registers a complaint that is the basis of	96709
a sheriff's or police chief's order for the removal and storage of	96710
a motor vehicle under division (A)(1) of this section shall	96711
provide the identity of the law enforcement agency with which the	96712
complaint was registered to any person who identifies self as the	96713
owner or operator of the motor vehicle and requests information	96714
pertaining to its location.	96715

(E) The owner of a motor vehicle that is ordered into storage	96716
pursuant to division (A)(1) of this section or of a vehicle that	96717
is removed under authority of division (B)(2) of this section may	96718
reclaim it upon payment of any expenses or charges incurred in its	96719
removal, in an amount not to exceed ninety dollars, and storage,	96720
in an amount not to exceed twelve dollars per twenty-four-hour	96721
period; except that the charge for towing shall not exceed one	96722
hundred fifty dollars, and the storage charge shall not exceed	96723
twenty dollars per twenty-four-hour period, if the vehicle has a	96724
manufacturer's gross vehicle weight rating in excess of ten	96725
thousand pounds and is a truck, bus, or a combination of a	96726
commercial tractor and trailer or semitrailer. Presentation of	96727
proof of ownership, which may be evidenced by a certificate of	96728
title to the motor vehicle or vehicle also shall be required for	96729
reclamation of the vehicle. If a motor vehicle that is ordered	96730
into storage pursuant to division (A)(1) of this section remains	96731
unclaimed by the owner for thirty days, the procedures established	96732
by sections 4513.61 and 4513.62 of the Revised Code shall apply.	96733

(F) No person shall remove, or cause the removal of, any	96734
vehicle from private property that is established as a private	96735
tow-away zone under division (B)(1) of this section other than in	96736
accordance with division (B)(2) of this section, and no person	96737
shall remove, or cause the removal of, any motor vehicle from any	96738
other private property other than in accordance with division	96739
(A)(1) of this section or sections 4513.61 to 4513.65 of the	96740
Revised Code.	96741

(G)~~(1)~~ Whoever violates division (B)(3) or (F) of this	96742
section is guilty of a minor misdemeanor.	96743

~~(2) Except as otherwise provided in this division, whoever~~	96744
~~violates division (F) of this section is guilty of a minor~~	96745
~~misdemeanor. If the offender previously has been convicted of or~~	96746
~~pleaded guilty to a violation of division (F) of this section,~~	96747
~~whoever violates division (F) of this section is guilty of a~~	96748
~~misdemeanor of the third degree.~~	96749

Sec. 4513.65. (A) For purposes of this section, "junk motor	96750
vehicle" means any motor vehicle meeting the requirements of	96751
divisions (B), (C), (D), and (E) of section 4513.63 of the Revised	96752
Code that is left uncovered in the open on private property for	96753
more than seventy-two hours with the permission of the person	96754
having the right to the possession of the property, except if the	96755
person is operating a junk yard or scrap metal processing facility	96756
licensed under authority of sections 4737.05 to 4737.12 of the	96757
Revised Code, or regulated under authority of a political	96758
subdivision; or if the property on which the motor vehicle is left	96759
is not subject to licensure or regulation by any governmental	96760
authority, unless the person having the right to the possession of	96761
the property can establish that the motor vehicle is part of a	96762
bona fide commercial operation; or if the motor vehicle is a	96763
collector's vehicle.	96764

No political subdivision shall prevent a person from storing	96765
or keeping, or restrict a person in the method of storing or	96766
keeping, any collector's vehicle on private property with the	96767
permission of the person having the right to the possession of the	96768
property; except that a political subdivision may require a person	96769
having such permission to conceal, by means of buildings, fences,	96770
vegetation, terrain, or other suitable obstruction, any unlicensed	96771
collector's vehicle stored in the open.	96772

The sheriff of a county, or chief of police of a municipal	96773
corporation, within the sheriff's or chief's respective	96774
territorial jurisdiction, a state highway patrol trooper, a board	96775
of township trustees, the legislative authority of a municipal	96776
corporation, or the zoning authority of a township or a municipal	96777
corporation, may send notice, by certified mail with return	96778
receipt requested, to the person having the right to the	96779
possession of the property on which a junk motor vehicle is left,	96780
that within ten days of receipt of the notice, the junk motor	96781
vehicle either shall be covered by being housed in a garage or	96782
other suitable structure, or shall be removed from the property.	96783

No person shall willfully leave a junk motor vehicle	96784
uncovered in the open for more than ten days after receipt of a	96785
notice as provided in this section. The fact that a junk motor	96786
vehicle is so left is prima-facie evidence of willful failure to	96787
comply with the notice, and each subsequent period of thirty days	96788
that a junk motor vehicle continues to be so left constitutes a	96789
separate offense.	96790

(B) ~~Except as otherwise provided in this division, whoever~~	96791
Whoever violates this section is guilty of a minor misdemeanor on	96792
~~a first offense. If the offender previously has been convicted of~~	96793
~~or pleaded guilty to one violation of this section, whoever~~	96794
~~violates this section is guilty of a misdemeanor of the fourth~~	96795
~~degree. If the offender previously has been convicted of or~~	96796
~~pleaded guilty to two or more violations of this section, whoever~~	96797
~~violates this section is guilty of a misdemeanor of the third~~	96798
~~degree~~.	96799

Sec. 4513.99. (A) Any violation of section ~~4513.03, 4513.04,~~	96800
~~4513.05, 4513.06, 4513.07, 4513.071, 4513.09,~~ 4513.10, ~~4513.11~~	96801
~~except for division (H) of that section, 4513.111, 4513.12,~~	96802
~~4513.13, 4513.14, 4513.15, 4513.16, 4513.17, 4513.171, 4513.18,~~	96803
4513.182, ~~4513.19,~~ 4513.20, 4513.201, 4513.202, ~~4513.21, 4513.22,~~	96804
~~4513.23, 4513.24, 4513.242,~~ 4513.25, 4513.26, 4513.27, ~~4513.28,~~	96805
4513.29, 4513.30, 4513.31, 4513.32, or 4513.34 of the Revised Code	96806
shall be punished under division (B) of this section.	96807

(B) Whoever violates the sections of this chapter that are	96808
specifically required to be punished under this division, or any	96809
provision of sections 4513.03 to 4513.262 or 4513.27 to 4513.37 of	96810
the Revised Code for which violation no penalty is otherwise	96811
provided, is guilty of a minor misdemeanor on a first offense; on	96812
a second offense within one year after the first offense, the	96813
person is guilty of a misdemeanor of the fourth degree; on each	96814
subsequent offense within one year after the first offense, the	96815
person is guilty of a misdemeanor of the third degree.	96816

Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the	96817
Revised Code:	96818

(A) "Persons" includes individuals, firms, partnerships,	96819
associations, joint stock companies, corporations, and any	96820
combinations of individuals.	96821

(B) "Motor vehicle" means motor vehicle as defined in section	96822
4501.01 of the Revised Code and also includes "all-purpose	96823
vehicle" and "off-highway motorcycle" as those terms are defined	96824
in section 4519.01 of the Revised Code ~~and manufactured and mobile~~	96825
~~homes~~. "Motor vehicle" does not include a snowmobile as defined in	96826
section 4519.01 of the Revised Code or manufactured and mobile	96827
homes.	96828

(C) "New motor vehicle" means a motor vehicle, the legal	96829
title to which has never been transferred by a manufacturer,	96830
remanufacturer, distributor, or dealer to an ultimate purchaser.	96831

(D) "Ultimate purchaser" means, with respect to any new motor	96832
vehicle, the first person, other than a dealer purchasing in the	96833
capacity of a dealer, who in good faith purchases such new motor	96834
vehicle for purposes other than resale.	96835

(E) "Business" includes any activities engaged in by any	96836
person for the object of gain, benefit, or advantage either direct	96837
or indirect.	96838

(F) "Engaging in business" means commencing, conducting, or	96839
continuing in business, or liquidating a business when the	96840
liquidator thereof holds self out to be conducting such business;	96841
making a casual sale or otherwise making transfers in the ordinary	96842
course of business when the transfers are made in connection with	96843
the disposition of all or substantially all of the transferor's	96844
assets is not engaging in business.	96845

(G) "Retail sale" or "sale at retail" means the act or	96846
attempted act of selling, bartering, exchanging, or otherwise	96847
disposing of a motor vehicle to an ultimate purchaser for use as a	96848
consumer.	96849

(H) "Retail installment contract" includes any contract in	96850
the form of a note, chattel mortgage, conditional sales contract,	96851
lease, agreement, or other instrument payable in one or more	96852
installments over a period of time and arising out of the retail	96853
sale of a motor vehicle.	96854

(I) "Farm machinery" means all machines and tools used in the	96855
production, harvesting, and care of farm products.	96856

(J) "Dealer" or "motor vehicle dealer" means any new motor	96857
vehicle dealer, any motor vehicle leasing dealer, and any used	96858
motor vehicle dealer.	96859

(K) "New motor vehicle dealer" means any person engaged in	96860
the business of selling at retail, displaying, offering for sale,	96861
or dealing in new motor vehicles pursuant to a contract or	96862
agreement entered into with the manufacturer, remanufacturer, or	96863
distributor of the motor vehicles.	96864

(L) "Used motor vehicle dealer" means any person engaged in	96865
the business of selling, displaying, offering for sale, or dealing	96866
in used motor vehicles, at retail or wholesale, but does not mean	96867
any new motor vehicle dealer selling, displaying, offering for	96868
sale, or dealing in used motor vehicles incidentally to engaging	96869
in the business of selling, displaying, offering for sale, or	96870
dealing in new motor vehicles, any person engaged in the business	96871
of dismantling, salvaging, or rebuilding motor vehicles by means	96872
of using used parts, or any public officer performing official	96873
duties.	96874

(M) "Motor vehicle leasing dealer" means any person engaged	96875
in the business of regularly making available, offering to make	96876
available, or arranging for another person to use a motor vehicle	96877
pursuant to a bailment, lease, sublease, or other contractual	96878
arrangement under which a charge is made for its use at a periodic	96879
rate for a term of thirty days or more, and title to the motor	96880
vehicle is in and remains in the motor vehicle leasing dealer who	96881
originally leases it, irrespective of whether or not the motor	96882
vehicle is the subject of a later sublease, and not in the user,	96883
but does not mean a manufacturer or its affiliate leasing to its	96884
employees or to dealers.	96885

(N) "Salesperson" means any person employed by a dealer or	96886
manufactured home broker to sell, display, and offer for sale, or	96887
deal in motor vehicles for a commission, compensation, or other	96888
valuable consideration, but does not mean any public officer	96889
performing official duties.	96890

(O) "Casual sale" means any transfer of a motor vehicle by a	96891
person other than a new motor vehicle dealer, used motor vehicle	96892
dealer, motor vehicle salvage dealer, as defined in division (A)	96893
of section 4738.01 of the Revised Code, salesperson, motor vehicle	96894
auction owner, manufacturer, or distributor acting in the capacity	96895
of a dealer, salesperson, auction owner, manufacturer, or	96896
distributor, to a person who purchases the motor vehicle for use	96897
as a consumer.	96898

(P) "Motor vehicle show" means a display of current models of	96899
motor vehicles whereby the primary purpose is the exhibition of	96900
competitive makes and models in order to provide the general	96901
public the opportunity to review and inspect various makes and	96902
models of motor vehicles at a single location.	96903

(Q) "Motor vehicle auction owner" means any person who is	96904
engaged wholly or in part in the business of auctioning motor	96905
vehicles.	96906

(R) "Manufacturer" means a person who manufactures,	96907
assembles, or imports motor vehicles, including motor homes, but	96908
does not mean a person who only assembles or installs a body,	96909
special equipment unit, finishing trim, or accessories on a motor	96910
vehicle chassis supplied by a manufacturer or distributor.	96911

(S) "Tent-type fold-out camping trailer" means any vehicle	96912
intended to be used, when stationary, as a temporary shelter with	96913
living and sleeping facilities, and that is subject to the	96914
following properties and limitations:	96915

(1) A minimum of twenty-five per cent of the fold-out portion	96916
of the top and sidewalls combined must be constructed of canvas,	96917
vinyl, or other fabric, and form an integral part of the shelter.	96918

(2) When folded, the unit must not exceed:

96919

(a) Fifteen feet in length, exclusive of bumper and tongue;

96920

(b) Sixty inches in height from the point of contact with the	96921
ground;	96922

96923

(d) One ton gross weight at time of sale.

96924

(T) "Distributor" means any person authorized by a motor	96925
vehicle manufacturer to distribute new motor vehicles to licensed	96926
new motor vehicle dealers, but does not mean a person who only	96927
assembles or installs a body, special equipment unit, finishing	96928
trim, or accessories on a motor vehicle chassis supplied by a	96929
manufacturer or distributor.	96930

(U) "Flea market" means a market place, other than a dealer's	96931
location licensed under this chapter, where a space or location is	96932
provided for a fee or compensation to a seller to exhibit and	96933
offer for sale or trade, motor vehicles to the general public.	96934

(V) "Franchise" means any written agreement, contract, or	96935
understanding between any motor vehicle manufacturer or	96936
remanufacturer engaged in commerce and any motor vehicle dealer	96937
that purports to fix the legal rights and liabilities of the	96938
parties to such agreement, contract, or understanding.	96939

(W) "Franchisee" means a person who receives new motor	96940
vehicles from the franchisor under a franchise agreement and who	96941
offers, sells, and provides service for such new motor vehicles to	96942
the general public.	96943

(X) "Franchisor" means a new motor vehicle manufacturer,	96944
remanufacturer, or distributor who supplies new motor vehicles	96945
under a franchise agreement to a franchisee.	96946

(Y) "Dealer organization" means a state or local trade	96947
association the membership of which is comprised predominantly of	96948
new motor vehicle dealers.	96949

(Z) "Factory representative" means a representative employed	96950
by a manufacturer, remanufacturer, or by a factory branch	96951
primarily for the purpose of promoting the sale of its motor	96952
vehicles, parts, or accessories to dealers or for supervising or	96953
contacting its dealers or prospective dealers.	96954

(AA) "Administrative or executive management" means those	96955
individuals who are not subject to federal wage and hour laws.	96956

(BB) "Good faith" means honesty in the conduct or transaction	96957
concerned and the observance of reasonable commercial standards of	96958
fair dealing in the trade as is defined in division (S) of section	96959
1301.01 of the Revised Code, including, but not limited to, the	96960
duty to act in a fair and equitable manner so as to guarantee	96961
freedom from coercion, intimidation, or threats of coercion or	96962
intimidation; provided however, that recommendation, endorsement,	96963
exposition, persuasion, urging, or argument shall not be	96964
considered to constitute a lack of good faith.	96965

(CC) "Coerce" means to compel or attempt to compel by failing	96966
to act in good faith or by threat of economic harm, breach of	96967
contract, or other adverse consequences. Coerce does not mean to	96968
argue, urge, recommend, or persuade.	96969

(DD) "Relevant market area" means any area within a radius of	96970
ten miles from the site of a potential new dealership, except that	96971
for manufactured home or recreational vehicle dealerships the	96972
radius shall be twenty-five miles. The ten-mile radius shall be	96973
measured from the dealer's established place of business that is	96974
used exclusively for the purpose of selling, displaying, offering	96975
for sale, or dealing in motor vehicles.	96976

(EE) "Wholesale" or "at wholesale" means the act or attempted	96977
act of selling, bartering, exchanging, or otherwise disposing of a	96978
motor vehicle to a transferee for the purpose of resale and not	96979
for ultimate consumption by that transferee.	96980

(FF) "Motor vehicle wholesaler" means any person licensed as	96981
a dealer under the laws of another state and engaged in the	96982
business of selling, displaying, or offering for sale used motor	96983
vehicles, at wholesale, but does not mean any motor vehicle dealer	96984
as defined in this section.	96985

(GG)(1) "Remanufacturer" means a person who assembles or	96986
installs passenger seating, walls, a roof elevation, or a body	96987
extension on a conversion van with the motor vehicle chassis	96988
supplied by a manufacturer or distributor, a person who modifies a	96989
truck chassis supplied by a manufacturer or distributor for use as	96990
a public safety or public service vehicle, a person who modifies a	96991
motor vehicle chassis supplied by a manufacturer or distributor	96992
for use as a limousine or hearse, or a person who modifies an	96993
incomplete motor vehicle cab and chassis supplied by a new motor	96994
vehicle dealer or distributor for use as a tow truck, but does not	96995
mean either of the following:	96996

(a) A person who assembles or installs passenger seating,	96997
~~walls,~~ a roof elevation, or a body extension on ~~a manufactured~~	96998
~~home as defined in division (C)(4) of section 3781.06 of the~~	96999
~~Revised Code, a mobile home as defined in division (O) and~~	97000
~~referred to in division (B) of section 4501.01 of the Revised~~	97001
~~Code, or~~ a recreational vehicle as defined in division (Q) and	97002
referred to in division (B) of section 4501.01 of the Revised	97003
Code;	97004

(b) A person who assembles or installs special equipment or	97005
accessories for handicapped persons, as defined in section 4503.44	97006
of the Revised Code, upon a motor vehicle chassis supplied by a	97007
manufacturer or distributor.	97008

(2) For the purposes of division (GG)(1) of this section,	97009
"public safety vehicle or public service vehicle" means a fire	97010
truck, ambulance, school bus, street sweeper, garbage packing	97011
truck, or cement mixer, or a mobile self-contained facility	97012
vehicle.	97013

(3) For the purposes of division (GG)(1) of this section,	97014
"limousine" means a motor vehicle, designed only for the purpose	97015
of carrying nine or fewer passengers, that a person modifies by	97016
cutting the original chassis, lengthening the wheelbase by forty	97017
inches or more, and reinforcing the chassis in such a way that all	97018
modifications comply with all applicable federal motor vehicle	97019
safety standards. No person shall qualify as or be deemed to be a	97020
remanufacturer who produces limousines unless the person has a	97021
written agreement with the manufacturer of the chassis the person	97022
utilizes to produce the limousines to complete properly the	97023
remanufacture of the chassis into limousines.	97024

(4) For the purposes of division (GG)(1) of this section,	97025
"hearse" means a motor vehicle, designed only for the purpose of	97026
transporting a single casket, that is equipped with a compartment	97027
designed specifically to carry a single casket that a person	97028
modifies by cutting the original chassis, lengthening the	97029
wheelbase by ten inches or more, and reinforcing the chassis in	97030
such a way that all modifications comply with all applicable	97031
federal motor vehicle safety standards. No person shall qualify as	97032
or be deemed to be a remanufacturer who produces hearses unless	97033
the person has a written agreement with the manufacturer of the	97034
chassis the person utilizes to produce the hearses to complete	97035
properly the remanufacture of the chassis into hearses.	97036

(5) For the purposes of division (GG)(1) of this section,	97037
"mobile self-contained facility vehicle" means a mobile classroom	97038
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,	97039
testing laboratory, and mobile display vehicle, each of which is	97040
designed for purposes other than for passenger transportation and	97041
other than the transportation or displacement of cargo, freight,	97042
materials, or merchandise. A vehicle is remanufactured into a	97043
mobile self-contained facility vehicle in part by the addition of	97044
insulation to the body shell, and installation of all of the	97045
following: a generator, electrical wiring, plumbing, holding	97046
tanks, doors, windows, cabinets, shelving, and heating,	97047
ventilating, and air conditioning systems.	97048

(6) For the purposes of division (GG)(1) of this section,	97049
"tow truck" means both of the following:	97050

(a) An incomplete cab and chassis that are purchased by a	97051
remanufacturer from a new motor vehicle dealer or distributor of	97052
the cab and chassis and on which the remanufacturer then installs	97053
in a permanent manner a wrecker body it purchases from a	97054
manufacturer or distributor of wrecker bodies, installs an	97055
emergency flashing light pylon and emergency lights upon the mast	97056
of the wrecker body or rooftop, and installs such other related	97057
accessories and equipment, including push bumpers, front grille	97058
guards with pads and other custom-ordered items such as painting,	97059
special lettering, and safety striping so as to create a complete	97060
motor vehicle capable of lifting and towing another motor vehicle.	97061

(b) An incomplete cab and chassis that are purchased by a	97062
remanufacturer from a new motor vehicle dealer or distributor of	97063
the cab and chassis and on which the remanufacturer then installs	97064
in a permanent manner a car carrier body it purchases from a	97065
manufacturer or distributor of car carrier bodies, installs an	97066
emergency flashing light pylon and emergency lights upon the	97067
rooftop, and installs such other related accessories and	97068
equipment, including push bumpers, front grille guards with pads	97069
and other custom-ordered items such as painting, special	97070
lettering, and safety striping.	97071

As used in division (GG)(6)(b) of this section, "car carrier	97072
body" means a mechanical or hydraulic apparatus capable of lifting	97073
and holding a motor vehicle on a flat level surface so that one or	97074
more motor vehicles can be transported, once the car carrier is	97075
permanently installed upon an incomplete cab and chassis.	97076

(HH) "Operating as a new motor vehicle dealership" means	97077
engaging in activities such as displaying, offering for sale, and	97078
selling new motor vehicles at retail, operating a service facility	97079
to perform repairs and maintenance on motor vehicles, offering for	97080
sale and selling motor vehicle parts at retail, and conducting all	97081
other acts that are usual and customary to the operation of a new	97082
motor vehicle dealership. For the purposes of this chapter only,	97083
possession of either a valid new motor vehicle dealer franchise	97084
agreement or a new motor vehicle dealers license, or both of these	97085
items, is not evidence that a person is operating as a new motor	97086
vehicle dealership.	97087

(II) ~~"Manufactured home broker" means any person acting as a~~	97088
~~selling agent on behalf of an owner of a manufactured or mobile~~	97089
~~home that is subject to taxation under section 4503.06 of the~~	97090
~~Revised Code.~~	97091

~~(JJ)~~ "Outdoor power equipment" means garden and small utility	97092
tractors, walk-behind and riding mowers, chainsaws, and tillers.	97093

~~(KK)~~(JJ) "Remote service facility" means premises that are	97094
separate from a licensed new motor vehicle dealer's sales facility	97095
by not more than one mile and that are used by the dealer to	97096
perform repairs, warranty work, recall work, and maintenance on	97097
motor vehicles pursuant to a franchise agreement entered into with	97098
a manufacturer of motor vehicles. A remote service facility shall	97099
be deemed to be part of the franchise agreement and is subject to	97100
all the rights, duties, obligations, and requirements of Chapter	97101
4517. of the Revised Code that relate to the performance of motor	97102
vehicle repairs, warranty work, recall work, and maintenance work	97103
by new motor vehicle dealers.	97104

Sec. 4517.02. (A) Except as otherwise provided in this	97105
section, no person shall do any of the following:	97106

(1) Engage in the business of displaying or selling at retail	97107
new motor vehicles or assume to engage in that business, unless	97108
the person is licensed as a new motor vehicle dealer under	97109
sections 4517.01 to 4517.45 of the Revised Code, or is a	97110
salesperson licensed under those sections and employed by a	97111
licensed new motor vehicle dealer;	97112

(2) Engage in the business of offering for sale, displaying	97113
for sale, or selling at retail or wholesale used motor vehicles or	97114
assume to engage in that business, unless the person is licensed	97115
as a dealer under sections 4517.01 to 4517.45 of the Revised Code,	97116
or is a salesperson licensed under those sections and employed by	97117
a licensed used motor vehicle dealer or licensed new motor vehicle	97118
dealer;	97119

(3) Engage in the business of regularly making available,	97120
offering to make available, or arranging for another person to use	97121
a motor vehicle, in the manner described in division (M) of	97122
section 4517.01 of the Revised Code, unless the person is licensed	97123
as a motor vehicle leasing dealer under sections 4517.01 to	97124
4517.45 of the Revised Code;	97125

(4) Engage in the business of motor vehicle auctioning or	97126
assume to engage in that business, unless the person is licensed	97127
as a motor vehicle auction owner under sections 4517.01 to 4517.45	97128
of the Revised Code and the person uses an auctioneer who is	97129
licensed under Chapter 4707. of the Revised Code to conduct the	97130
motor vehicle auctions;	97131

(5) Engage in the business of distributing motor vehicles or	97132
assume to engage in that business, unless the person is licensed	97133
as a distributor under sections 4517.01 to 4517.45 of the Revised	97134
Code;	97135

(6) Make more than five casual sales of motor vehicles in a	97136
twelve-month period, commencing with the day of the month in which	97137
the first such sale is made, nor provide a location or space for	97138
the sale of motor vehicles at a flea market, without obtaining a	97139
license as a dealer under sections 4517.01 to 4517.45 of the	97140
Revised Code, provided that nothing in this section shall be	97141
construed to prohibit the disposition without a license of a motor	97142
vehicle originally acquired and held for purposes other than sale,	97143
rental, or lease to an employee, retiree, officer, or director of	97144
the person making the disposition, to a corporation affiliated	97145
with the person making the disposition, or to a person licensed	97146
under sections 4517.01 to 4517.45 of the Revised Code;	97147

~~(7) Engage in the business of brokering manufactured homes~~	97148
~~unless that person is licensed as a manufactured home broker under~~	97149
~~sections 4517.01 to 4517.45 of the Revised Code~~.	97150

(B) Nothing in this section shall be construed to require an	97151
auctioneer licensed under sections 4707.01 to 4707.19 of the	97152
Revised Code, to obtain a motor vehicle salesperson's license	97153
under sections 4517.01 to 4517.45 of the Revised Code when	97154
conducting an auction sale for a licensed motor vehicle dealer on	97155
the dealer's premises, or when conducting an auction sale for a	97156
licensed motor vehicle auction owner; nor shall such an auctioneer	97157
be required to obtain a motor vehicle auction owner's license	97158
under sections 4517.01 to 4517.45 of the Revised Code when engaged	97159
in auctioning for a licensed motor vehicle auction owner.	97160

(C) Sections 4517.01 to 4517.45 of the Revised Code do not	97161
apply to any of the following:	97162

(1) Persons engaging in the business of selling commercial	97163
tractors, trailers, or semitrailers incidentally to engaging	97164
primarily in business other than the selling or leasing of motor	97165
vehicles;	97166

(2) Mortgagees selling at retail only those motor vehicles	97167
that have come into their possession by a default in the terms of	97168
a mortgage contract;	97169

(3) The leasing, rental, and interchange of motor vehicles	97170
used directly in the rendition of a public utility service by	97171
regulated motor carriers.	97172

(D) When a partnership licensed under sections 4517.01 to	97173
4517.45 of the Revised Code is dissolved by death, the surviving	97174
partners may operate under the license for a period of sixty days,	97175
and the heirs or representatives of deceased persons and receivers	97176
or trustees in bankruptcy appointed by any competent authority may	97177
operate under the license of the person succeeded in possession by	97178
that heir, representative, receiver, or trustee in bankruptcy.	97179

(E) No remanufacturer shall engage in the business of selling	97180
at retail any new motor vehicle without having written authority	97181
from the manufacturer or distributor of the vehicle to sell new	97182
motor vehicles and to perform repairs under the terms of the	97183
manufacturer's or distributor's new motor vehicle warranty,	97184
unless, at the time of the sale of the vehicle, each customer is	97185
furnished with a binding agreement ensuring that the customer has	97186
the right to have the vehicle serviced or repaired by a new motor	97187
vehicle dealer who is franchised to sell and service vehicles of	97188
the same line-make as the chassis of the remanufactured vehicle	97189
purchased by the customer and whose service or repair facility is	97190
located within either twenty miles of the remanufacturer's	97191
location and place of business or twenty miles of the customer's	97192
residence or place of business. If there is no such new motor	97193
vehicle dealer located within twenty miles of the remanufacturer's	97194
location and place of business or the customer's residence or	97195
place of business, the binding agreement furnished to the customer	97196
may be with the new motor vehicle dealer who is franchised to sell	97197
and service vehicles of the same line-make as the chassis of the	97198
remanufactured vehicle purchased by the customer and whose service	97199
or repair facility is located nearest to the remanufacturer's	97200
location and place of business or the customer's residence or	97201
place of business. Additionally, at the time of sale of any	97202
vehicle, each customer of the remanufacturer shall be furnished	97203
with a warranty issued by the remanufacturer for a term of at	97204
least one year.	97205

(F) Except as otherwise provided in this division, whoever	97206
violates this section is guilty of a minor misdemeanor and shall	97207
be subject to a mandatory fine of one hundred dollars. If the	97208
offender previously has been convicted of or pleaded guilty to a	97209
violation of this section, whoever violates this section is guilty	97210
of a misdemeanor of the first degree and shall be subject to a	97211
mandatory fine of one thousand dollars.	97212

Sec. 4517.03. (A) A place of business that is used for	97213
selling, displaying, offering for sale, or dealing in motor	97214
vehicles shall be considered as used exclusively for those	97215
purposes even though snowmobiles, farm machinery, outdoor power	97216
equipment, watercraft and related products, or products	97217
manufactured or distributed by a motor vehicle manufacturer with	97218
which the motor vehicle dealer has a franchise agreement are sold	97219
or displayed there, or if repair, accessory, gasoline and oil,	97220
storage, parts, service, or paint departments are maintained	97221
there, or such products or services are provided there, if the	97222
departments are operated or the products or services are provided	97223
for the business of selling, displaying, offering for sale, or	97224
dealing in motor vehicles. Places of business or departments in a	97225
place of business used to dismantle, salvage, or rebuild motor	97226
vehicles by means of using used parts, are not considered as being	97227
maintained for the purpose of assisting or furthering the selling,	97228
displaying, offering for sale, or dealing in motor vehicles. A	97229
place of business shall be considered as used exclusively for	97230
selling, displaying, offering for sale, or dealing in motor	97231
vehicles even though a business owned by a motor vehicle leasing	97232
dealer or a motor vehicle renting dealer is located at the place	97233
of business.	97234

(B)(1) No new motor vehicle dealer shall sell, display, offer	97235
for sale, or deal in motor vehicles at any place except an	97236
established place of business that is used exclusively for the	97237
purpose of selling, displaying, offering for sale, or dealing in	97238
motor vehicles. The place of business shall have space, under	97239
roof, for the display of at least one new motor vehicle. The	97240
established place of business or, if the dealer operates a remote	97241
service facility, the dealer's remote service facility shall have	97242
facilities and space for the inspection, servicing, and repair of	97243
at least one motor vehicle. However a new motor vehicle dealer	97244
selling manufactured or mobile homes is exempt from the	97245
requirement that a place of business have space, under roof, for	97246
the display of at least one new motor vehicle and facilities and	97247
space for the inspection, servicing, and repair of at least one	97248
motor vehicle.	97249

(2) A licensed new motor vehicle dealer may operate a remote	97250
service facility with the consent of the manufacturer and only to	97251
perform repairs, warranty work, recall work, and maintenance on	97252
motor vehicles as part of the dealer's franchised and licensed new	97253
motor vehicle dealership. The remote service facility shall be	97254
included on the new motor vehicle dealer's license and be deemed	97255
to be part of the dealer's licensed location.	97256

(3) No person shall use a remote service facility for	97257
selling, displaying, or offering for sale motor vehicles.	97258

~~(4) Nothing in Chapter 4517. of the Revised Code shall be~~	97259
~~construed as prohibiting the sale of a new or used manufactured or~~	97260
~~mobile home located in a manufactured home park by a licensed new~~	97261
~~or used motor vehicle dealer.~~	97262

(C) No used motor vehicle dealer shall sell, display, offer	97263
for sale, or deal in motor vehicles at any place except an	97264
established place of business that is used exclusively for the	97265
purpose of selling, displaying, offering for sale, or dealing in	97266
motor vehicles.	97267

(D) No motor vehicle leasing dealer shall make a motor	97268
vehicle available for use by another, in the manner described in	97269
division (M) of section 4517.01 of the Revised Code, at any place	97270
except an established place of business that is used for leasing	97271
motor vehicles; except that a motor vehicle leasing dealer who is	97272
also a new motor vehicle dealer or used motor vehicle dealer may	97273
lease motor vehicles at the same place of business at which the	97274
dealer sells, offers for sale, or deals in new or used motor	97275
vehicles.	97276

(E) No motor vehicle leasing dealer or motor vehicle renting	97277
dealer shall sell a motor vehicle within ninety days after a	97278
certificate of title to the motor vehicle is issued to the dealer,	97279
except when a salvage certificate of title is issued to replace	97280
the original certificate of title and except when a motor vehicle	97281
leasing dealer sells a motor vehicle to another motor vehicle	97282
leasing dealer at the end of a sublease pursuant to that sublease.	97283

(F) No distributor shall distribute new motor vehicles to new	97284
motor vehicle dealers at any place except an established place of	97285
business that is used exclusively for the purpose of distributing	97286
new motor vehicles to new motor vehicle dealers; except that a	97287
distributor who is also a new motor vehicle dealer may distribute	97288
new motor vehicles at the same place of business at which the	97289
distributor sells, displays, offers for sale, or deals in new	97290
motor vehicles.	97291

(G) No person, firm, or corporation that sells, displays, or	97292
offers for sale tent-type fold-out camping trailers is subject to	97293
the requirement that the person's, firm's, or corporation's place	97294
of business be used exclusively for the purpose of selling,	97295
displaying, offering for sale, or dealing in motor vehicles. No	97296
person, firm, or corporation that sells, displays, or offers for	97297
sale tent-type fold-out camping trailers, trailers, semitrailers,	97298
or park trailers is subject to the requirement that the place of	97299
business have space, under roof, for the display of at least one	97300
new motor vehicle and facilities and space for the inspection,	97301
servicing, and repair of at least one motor vehicle.	97302

(H) ~~No manufactured or mobile home broker shall engage in the~~	97303
~~business of brokering manufactured or mobile homes at any place~~	97304
~~except an established place of business that is used exclusively~~	97305
~~for the purpose of brokering manufactured or mobile homes.~~	97306

~~(I)~~ Nothing in this section shall be construed to prohibit	97307
persons licensed under this chapter from making sales calls.	97308

~~(J)~~(I) Whoever violates this section is guilty of a	97309
misdemeanor of the fourth degree.	97310

~~(K)~~(J) As used in this section:

97311

(1) "Motor vehicle leasing dealer" has the same meaning as in	97312
section 4517.01 of the Revised Code.	97313

(2) "Motor vehicle renting dealer" has the same meaning as in	97314
section 4549.65 of the Revised Code.	97315

(3) "Watercraft" has the same meaning as in section 1547.01	97316
of the Revised Code.	97317

Sec. 4517.30. The motor vehicle dealers board shall consist	97318
of eleven members. The registrar of motor vehicles or the	97319
registrar's designee shall be a member of the board, and the other	97320
ten members shall be appointed by the governor with the advice and	97321
consent of the senate. Not more than five of the ten members other	97322
than the registrar shall be of any one political party, and of the	97323
ten:	97324

(A) Three shall represent the public and shall not have	97325
engaged in the business of selling motor vehicles at retail in	97326
this state;	97327

(B) Five shall have been engaged in the business of selling	97328
motor vehicles at retail in this state for at least five years and	97329
have been engaged in such business within two years prior to the	97330
date of their appointment. Of these five:	97331

(1) Three shall have been engaged in the sale of new motor	97332
vehicles;	97333

(2) One shall have been engaged in the business of selling	97334
~~manufactured homes, mobile homes, or~~ recreational vehicles at	97335
retail;	97336

(3) One shall have been engaged in the sale of used motor	97337
vehicles.	97338

(C) Two shall have been engaged in the leasing of motor	97339
vehicles.	97340

Terms of office of the ten members appointed by the governor	97341
shall be for three years, commencing on the fifth day of October	97342
and ending on the fourth day of October. Each member shall hold	97343
office from the date of the member's appointment until the end of	97344
the term for which the member was appointed. Any member appointed	97345
to fill a vacancy occurring prior to the expiration of the term	97346
for which the member's predecessor was appointed shall hold office	97347
for the remainder of such term. Any appointed member shall	97348
continue in office subsequent to the expiration date of the	97349
member's term until a successor takes office, or until a period of	97350
sixty days has elapsed, whichever occurs first. Annually the board	97351
shall organize by selecting from its members a president. Each	97352
appointed member of the board shall receive an amount fixed in	97353
accordance with division (J) of section 124.15 of the Revised	97354
Code, and shall be reimbursed for the actual and necessary	97355
expenses incurred in the discharge of the member's official	97356
duties.	97357

Sec. 4517.33. The motor vehicle dealers board shall hear	97358
appeals which may be taken from an order of the registrar of motor	97359
vehicles, refusing to issue a license. All appeals from any order	97360
of the registrar refusing to issue any license upon proper	97361
application must be taken within thirty days from the date of the	97362
order, or the order is final and conclusive. All appeals from	97363
orders of the registrar must be by petition in writing and	97364
verified under oath by the applicant whose application for license	97365
has been denied, and must set forth the reason for the appeal and	97366
the reason why, in the petitioner's opinion, the order of the	97367
registrar is not correct. In such appeals the board may make	97368
investigation to determine the correctness and legality of the	97369
order of the registrar.	97370

The board may make rules governing its actions relative to	97371
the suspension and revocation of dealers', motor vehicle leasing	97372
dealers', ~~manufactured home brokers',~~ distributors', auction	97373
owners', and salespersons' licenses, and may, upon its own motion,	97374
and shall, upon the verified complaint in writing of any person,	97375
investigate the conduct of any licensee under sections 4517.01 to	97376
4517.65 of the Revised Code. The board shall suspend or revoke or	97377
notify the registrar to refuse to renew any dealer's, motor	97378
vehicle leasing dealer's, ~~manufactured home broker's,~~	97379
distributor's, auction owner's, or salesperson's license, if any	97380
ground existed upon which the license might have been refused, or	97381
if a ground exists that would be cause for refusal to issue a	97382
license.	97383

The board may suspend or revoke any license if the licensee	97384
has in any manner violated the rules issued pursuant to sections	97385
4517.01 to 4517.65 of the Revised Code, or has violated section	97386
4501.02 of the Revised Code, or has been convicted of committing a	97387
felony or violating any law that in any way relates to the	97388
selling, taxing, licensing, or regulation of sales of motor	97389
vehicles.	97390

Sec. 4517.43. (A) The applications for licenses and the	97391
copies of contracts required by sections 4517.04, 4517.05,	97392
4517.051, ~~4517.052,~~ 4517.06, 4517.07, 4517.08, and 4517.09 of the	97393
Revised Code are not part of the public records but are	97394
confidential information for the use of the registrar of motor	97395
vehicles and the motor vehicle dealers board. No person shall	97396
divulge any information contained in such applications and	97397
acquired by the person in the person's capacity as an official or	97398
employee of the bureau of motor vehicles or of the board, except	97399
in a report to the registrar, to the board, or when called upon to	97400
testify in any court or proceeding.	97401

(B) Whoever violates this section is guilty of a minor	97402
misdemeanor.	97403

Sec. 4519.02. (A) Except as provided in divisions (B), (C),	97404
and (D) of this section, no person shall operate any snowmobile,	97405
off-highway motorcycle, or all-purpose vehicle within this state	97406
unless the snowmobile, off-highway motorcycle, or all-purpose	97407
vehicle is registered and numbered in accordance with sections	97408
4519.03 and 4519.04 of the Revised Code.	97409

(B)(1) No registration is required for a snowmobile or	97410
off-highway motorcycle that is operated exclusively upon lands	97411
owned by the owner of the snowmobile or off-highway motorcycle,	97412
or on lands to which the owner of the snowmobile or off-highway	97413
motorcycle has a contractual right.	97414

(2) No registration is required for an all-purpose vehicle	97415
that is used primarily ~~on a farm as a farm implement~~for	97416
agricultural purposes when the owner qualifies for the current	97417
agricultural use valuation tax credit, unless it is to be used on	97418
any public land, trail, or right-of-way.	97419

(3) Any all-purpose vehicle exempted from registration under	97420
division (B)(2) of this section and operated for agricultural	97421
purposes may use public roads and rights-of-way when traveling	97422
from one farm field to another, when such use does not violate	97423
section 4519.41 of the Revised Code.	97424

(C) No registration is required for a snowmobile, off-highway	97425
motorcycle, or all-purpose vehicle owned and used in this state by	97426
a resident of another state whenever that state has in effect a	97427
registration law similar to this chapter and the snowmobile,	97428
off-highway motorcycle, or all-purpose vehicle is properly	97429
registered under that state's law. Any snowmobile, off-highway	97430
motorcycle, or all-purpose vehicle owned and used in this state by	97431
a resident of a state not having a registration law similar to	97432
this chapter shall comply with section 4519.09 of the Revised	97433
Code.	97434

(D) No registration is required for a snowmobile, off-highway	97435
motorcycle, or all-purpose vehicle owned and used in this state by	97436
the United States, another state, or a political subdivision	97437
thereof, but the snowmobile, off-highway motorcycle, or	97438
all-purpose vehicle shall display the name of the owner thereon.	97439

(E) The owner or operator of any all-purpose vehicle operated	97440
or used upon the waters in this state shall comply with Chapters	97441
1547. and 1548. of the Revised Code relative to the operation of	97442
watercraft.	97443

(F) Except as otherwise provided in this division, whoever	97444
violates division (A) of this section shall be fined not less	97445
than fifty dollars but not more than one hundred dollars.	97446

Sec. 4519.03. (A) The owner of every snowmobile,	97447
off-highway motorcycle, and all-purpose vehicle required to be	97448
registered under section 4519.02 of the Revised Code shall file	97449
an application for registration with the registrar of motor	97450
vehicles or a deputy registrar, on blanks furnished by the	97451
registrar for that purpose and containing all of the following	97452
information:	97453

(1) A brief description of the snowmobile, off-highway	97454
motorcycle, or all-purpose vehicle, including the year, make,	97455
model, and the vehicle identification number;	97456

(2) The name, residence, and business address of the owner;

97457

(3) A statement that the snowmobile, off-highway motorcycle,	97458
or all-purpose vehicle is equipped as required by section 4519.20	97459
of the Revised Code and any rule adopted under that section. The	97460
statement shall include a check list of the required equipment	97461
items in the form the registrar shall prescribe.	97462

The application shall be signed by the owner of the	97463
snowmobile, off-highway motorcycle, or all-purpose vehicle and	97464
shall be accompanied by a fee as provided in division (C) of	97465
section 4519.04 of the Revised Code.	97466

If the application is not in proper form, or if the vehicle	97467
for which registration is sought does not appear to be equipped as	97468
required by section 4519.20 of the Revised Code or any rule	97469
adopted under that section, the registration shall be refused, and	97470
no registration sticker, license plate, or validation sticker	97471
shall be issued.	97472

(B) ~~On and after July 1, 1999, no~~Except as provided in this	97473
division, no certificate of registration or renewal of a	97474
certificate of registration shall be issued for an off-highway	97475
motorcycle or all-purpose vehicle required to be registered under	97476
section 4519.02 of the Revised Code, and no certificate of	97477
registration issued under this chapter for an off-highway	97478
motorcycle or all-purpose vehicle that is sold or otherwise	97479
transferred shall be transferred to the new owner of the	97480
off-highway motorcycle or all-purpose vehicle as permitted by	97481
division (B) of section 4519.05 of the Revised Code, unless a	97482
certificate of title has been issued under this chapter for the	97483
motorcycle or vehicle, and the owner or new owner, as the case may	97484
be, presents a physical certificate of title or memorandum	97485
certificate of title for inspection at the time the owner or new	97486
owner first submits a registration application, registration	97487
renewal application, or registration transfer application for the	97488
motorcycle or vehicle ~~on or after July 1, 1999,~~ if a physical	97489
certificate of title or memorandum certificate has been issued by	97490
a clerk of a court of common pleas. If, under sections 4519.512	97491
and 4519.58 of the Revised Code, a clerk instead has issued an	97492
electronic certificate of title for the applicant's off-highway	97493
motorcycle or all-purpose vehicle, that certificate may be	97494
presented for inspection at the time of first registration in a	97495
manner prescribed by rules adopted by the registrar. In the case	97496
of an off-highway motorcycle or all-purpose vehicle that was	97497
purchased prior to October 1, 2005, and for which a certificate of	97498
title has not been issued, the owner shall not be required to	97499
present a physical certificate of title or memorandum certificate	97500
of title or an electronic certificate of title for the motorcycle	97501
or vehicle but instead may present a signed affidavit of ownership	97502
in a form prescribed by the registrar. The affidavit shall	97503
include, at a minimum, the date of purchase, make, model, and	97504
vehicle identification number of the motorcycle or vehicle. If no	97505
vehicle identification number has been assigned to the off-highway	97506
motorcycle or all-purpose vehicle, then the serial number of the	97507
motorcycle or vehicle shall be presented at the time of	97508
application.	97509

(C) When the owner of an off-highway motorcycle or	97510
all-purpose vehicle first registers it in the owner's name, and a	97511
certificate of title has been issued for the motorcycle or	97512
vehicle, the owner shall present for inspection a physical	97513
certificate of title or memorandum certificate of title showing	97514
title to the off-highway motorcycle or all-purpose vehicle in the	97515
name of the owner if a physical certificate of title or memorandum	97516
certificate has been issued by a clerk of a court of common pleas.	97517
If, under sections 4519.512 and 4519.58 of the Revised Code, a	97518
clerk instead has issued an electronic certificate of title for	97519
the applicant's off-highway motorcycle or all-purpose vehicle,	97520
that certificate may be presented for inspection at the time of	97521
first registration in a manner prescribed by rules adopted by the	97522
registrar. In the case of an off-highway motorcycle or all-purpose	97523
vehicle that was purchased prior to October 1, 2005, and for which	97524
a certificate of title has not been issued, the owner shall not be	97525
required to present a physical certificate of title or memorandum	97526
certificate of title or an electronic certificate of title for the	97527
motorcycle or vehicle but instead may present a signed affidavit	97528
of ownership in a form prescribed by the registrar. The affidavit	97529
shall include, at a minimum, the date of purchase, make, model,	97530
and vehicle identification number of the motorcycle or vehicle. If	97531
no vehicle identification number has been assigned to the	97532
off-highway motorcycle or all-purpose vehicle, then the serial	97533
number of the motorcycle or vehicle shall be presented at the time	97534
of application. If, when the owner of such an off-highway	97535
motorcycle or all-purpose vehicle first makes application to	97536
register it in the owner's name, the application is not in proper	97537
form or the certificate of title or memorandum certificate of	97538
title does not accompany the registration or, in the case of an	97539
electronic certificate of title or ownership affidavit, it is not	97540
presented in a manner prescribed by the registrar, the	97541
registration shall be refused, and neither a certificate of	97542
registration nor a registration sticker, license plate, or	97543
validation sticker shall be issued. When a certificate of	97544
registration and registration sticker, license plate, or	97545
validation sticker are issued upon the first registration of an	97546
off-highway motorcycle or all-purpose vehicle by or on behalf of	97547
the owner, the official issuing them shall indicate the issuance	97548
with a stamp on the certificate of title or, memorandum	97549
certificate of title, or affidavit, or, in the case of an	97550
electronic certificate of title, an electronic stamp or other	97551
notation as specified in rules adopted by the registrar.	97552

(D) Each deputy registrar shall be allowed a fee of three	97553
dollars and fifty cents for each application or renewal	97554
application received by the deputy registrar, which shall be for	97555
the purpose of compensating the deputy registrar for services, and	97556
office and rental expense, as may be necessary for the proper	97557
discharge of the deputy registrar's duties in the receiving of	97558
applications and the issuing of certificates of registration.	97559

Each deputy registrar, upon receipt of any application for	97560
registration, together with the registration fee, shall transmit	97561
the fee, together with the original and duplicate copy of the	97562
application, to the registrar in the manner and at the times the	97563
registrar, subject to the approval of the director of public	97564
safety and the treasurer of state, shall prescribe by rule.	97565

Sec. 4519.04. (A) Upon the filing of an application for	97566
registration of a snowmobile, off-highway motorcycle, or	97567
all-purpose vehicle and the payment of the tax therefor, the	97568
registrar of motor vehicles or a deputy registrar shall assign to	97569
the snowmobile, off-highway motorcycle, or all-purpose vehicle a	97570
distinctive number and issue and deliver to the owner in such	97571
manner as the registrar may select, a certificate of registration,	97572
in such form as the registrar shall prescribe. Any number so	97573
assigned to a snowmobile, off-highway motorcycle, or all-purpose	97574
vehicle shall be a permanent number, and shall not be issued to	97575
any other snowmobile, off-highway motorcycle, or all-purpose	97576
vehicle.	97577

(B)(1) In addition to the certificate of registration, the	97578
registrar or deputy registrar also shall issue to the owner of a	97579
snowmobile or off-highway motorcycle atwo decal registration	97580
~~sticker~~stickers. The registrar shall prescribe the color and	97581
size of the ~~sticker,~~stickers and the combination of numerals and	97582
letters displayed on ~~it, and~~them. The placement of the ~~sticker~~	97583
decal stickers shall be one on ~~the snowmobile or off-highway~~	97584
~~motorcycle.~~	97585

~~Upon receipt of a certificate of registration for a~~	97586
~~snowmobile, the owner shall paint or otherwise attach upon each~~	97587
either side of the forward cowling ~~of the snowmobile the~~	97588
~~identifying registration number, in block characters of not less~~	97589
~~than two inches in height and of such color as to be distinctly~~	97590
~~visible and legible~~or fuel tank.	97591

(2) The registrar or deputy registrar also shall issue to the	97592
owner of an all-purpose vehicle, in addition to the certificate of	97593
registration, one license plate and a validation sticker, or a	97594
validation sticker alone when applicable upon a registration	97595
renewal. The license plate and validation sticker shall be	97596
displayed on the all-purpose vehicle so that they are distinctly	97597
visible, in accordance with such rules as the registrar adopts.	97598
The validation sticker shall indicate the expiration date of the	97599
registration period of the all-purpose vehicle. During each	97600
succeeding registration period following the issuance of the	97601
license plate and validation sticker, upon the filing of an	97602
application for registration and payment of the fee specified in	97603
division (C) of this section, a validation sticker alone shall be	97604
issued.	97605

(C) Unless previously canceled, each certificate of	97606
registration issued for a snowmobile, off-highway motorcycle, or	97607
all-purpose vehicle expires upon the thirty-first day of December	97608
in the third year after the date it is issued. Application for	97609
renewal of a certificate may be made not earlier than ninety days	97610
preceding the expiration date, and shall be accompanied by a fee	97611
of thirty-one dollars and twenty-five cents.	97612

Notwithstanding section 4519.11 of the Revised Code, of each	97613
thirty-one dollar and twenty-five-cent fee collected for the	97614
registration of an all-purpose vehicle, the registrar shall	97615
retain not more than five dollars to pay for the licensing and	97616
registration costs the bureau of motor vehicles incurs in	97617
registering the all-purpose vehicle. The remainder of the fee	97618
shall be deposited into the state treasury to the credit of the	97619
state recreational vehicle fund created by section 4519.11 of the	97620
Revised Code.	97621

Sec. 4519.44. (A) No person who does not hold a valid,	97622
current motor vehicle driver's or commercial driver's license,	97623
motorcycle operator's endorsement, or probationary license, issued	97624
under Chapter 4506. or 4507. of the Revised Code or a valid,	97625
current driver's license issued by another jurisdiction, shall	97626
operate a snowmobile, off-highway motorcycle, or all-purpose	97627
vehicle on any street or highway in this state, on any portion of	97628
the right-of-way thereof, or on any public land or waters.	97629

(B) No person who is less than sixteen years of age shall	97630
operate a snowmobile, off-highway motorcycle, or all-purpose	97631
vehicle on any land or waters other than private property or	97632
waters owned by or leased to the person's parent or guardian,	97633
unless accompanied by another person who is eighteen years of age,	97634
or older, and who holds a license as provided in division (A) of	97635
this section, except that the department of natural resources may	97636
permit such operation on state controlled land under its	97637
jurisdiction when such person is less than sixteen years of age,	97638
~~but is twelve years of age or older~~ and is accompanied by a parent	97639
or guardian who is a licensed driver eighteen years of age or	97640
older.	97641

(C) Whoever violates this section shall be fined not less	97642
than fifty nor more than five hundred dollars, imprisoned not	97643
less than three nor more than thirty days, or both.	97644

Sec. 4519.59. (A)(1) The clerk of a court of common pleas	97645
shall charge and retain fees as follows:	97646

(a) Fifteen dollars for each certificate of title or	97647
duplicate certificate of title including the issuance of a	97648
memorandum certificate of title, authorization to print a	97649
non-negotiable evidence of ownership described in division (D) of	97650
section 4519.58 of the Revised Code, non-negotiable evidence of	97651
ownership printed by the clerk under division (E) of that section,	97652
and notation of any lien on a certificate of title that is applied	97653
for at the same time as the certificate of title. The clerk shall	97654
retain eleven dollars and fifty cents of that fee for each	97655
certificate of title when there is a notation of a lien or	97656
security interest on the certificate of title, twelve dollars and	97657
twenty-five cents when there is no lien or security interest noted	97658
on the certificate of title, and eleven dollars and fifty cents	97659
for each duplicate certificate of title.	97660

(b) Five dollars for each certificate of title with no	97661
security interest noted that is issued to a licensed motor vehicle	97662
dealer for resale purposes. The clerk shall retain two dollars and	97663
twenty-five cents of that fee.	97664

(c) Five dollars for each memorandum certificate of title or	97665
non-negotiable evidence of ownership that is applied for	97666
separately. The clerk shall retain that entire fee.	97667

(2) The fees that are not retained by the clerk shall be	97668
paid to the registrar of motor vehicles by monthly returns, which	97669
shall be forwarded to the registrar not later than the fifth day	97670
of the month next succeeding that in which the certificate is	97671
forwarded or that in which the registrar is notified of a lien or	97672
cancellation of a lien.	97673

(B)(1) The registrar shall pay twenty-five cents of the	97674
amount received for each certificate of title that is issued to a	97675
motor vehicle dealer for resale ~~and~~, one dollar for ~~all other~~	97676
certificates of title issued with a lien or security interest	97677
noted on the certificate of title, and twenty-five cents for each	97678
certificate of title with no lien or security interest noted on	97679
the certificate of title into the state bureau of motor vehicles	97680
fund established in section 4501.25 of the Revised Code.	97681

(2) Fifty cents of the amount received for each certificate	97682
of title shall be paid by the registrar as follows:	97683

(a) Four cents shall be paid into the state treasury to the	97684
credit of the motor vehicle dealers board fund created in section	97685
4505.09 of the Revised Code, for use as described in division	97686
(B)(2)(a) of that section.	97687

(b) Twenty-one cents shall be paid into the highway operating	97688
fund.	97689

(c) Twenty-five cents shall be paid into the state treasury	97690
to the credit of the motor vehicle sales audit fund created in	97691
section 4505.09 of the Revised Code, for use as described in	97692
division (B)(2)(c) of that section.	97693

(3) Two dollars of the amount received by the registrar for	97694
each certificate of title shall be paid into the state treasury to	97695
the credit of the automated title processing fund created in	97696
section 4505.09 of the Revised Code, for use as described in	97697
divisions (B)(3)(a) and (c) of that section.	97698

Sec. 4549.10. (A) No person shall operate or cause to be	97699
operated upon a public road or highway a motor vehicle of a	97700
manufacturer or dealer unless the vehicle carries and displays two	97701
placards, except as provided in section 4503.21 of the Revised	97702
Code, issued by the director of public safety that bear the	97703
registration number of its manufacturer or dealer.	97704

(B) Whoever violates division (A) of this section is guilty	97705
of illegal operation of a manufacturer's or dealer's motor	97706
vehicle, a minor misdemeanor ~~on a first offense and a misdemeanor~~	97707
~~of the fourth degree on each subsequent offense~~.	97708

Sec. 4549.12. (A) No person who is the owner of a motor	97709
vehicle and a resident of this state shall operate or drive the	97710
motor vehicle upon the highways of this state, while it displays a	97711
distinctive number or identification mark issued by or under the	97712
authority of another state, without complying with the laws of	97713
this state relating to the registration and identification of	97714
motor vehicles.	97715

(B) Whoever violates division (A) of this section is guilty	97716
of illegal operation by a resident of this state of a motor	97717
vehicle bearing the distinctive number or identification mark	97718
issued by a foreign jurisdiction, a minor misdemeanor ~~on a first~~	97719
~~offense and a misdemeanor of the fourth degree on each subsequent~~	97720
~~offense~~.	97721

Sec. 4582.07. (A) The board of directors of a port authority	97722
shall prepare or cause to be prepared a plan for ~~the~~any future	97723
development, construction, and improvement of the ~~port and its~~	97724
maritime facilities of the port authority, including such maps,	97725
profiles, and other data and descriptions as may be necessary to	97726
set forth the location and character of the work to be undertaken	97727
by the port authority and a then-current good faith estimate of	97728
the cost of the proposed facilities. The plan also shall contain	97729
~~a description of any and all financing under~~the port authority's	97730
proposal for payment of the cost of such facilities, including	97731
revenues, grants, subsidies, loans, and financing; provided, that	97732
the plan and any such proposal and the contents thereof, and	97733
anything contained or not contained therein, shall not affect the	97734
legality, validity, or enforceability of any bonds, notes, leases,	97735
~~or otherwise, and a description of any and all~~certificates, or	97736
other financing instruments, any real estate, operating or	97737
management contracts or instruments or any taxes, tax abatements	97738
or exemptions, tax credits, tax increment financing, ~~emoluments,~~	97739
~~subsidies, grants, loans and~~assessments, or other financial	97740
participation related to maritime facilities or such plan ~~or that~~	97741
~~has been proposed by the port authority and its public and~~	97742
~~private affiliates for such plan~~. Upon the completion of such	97743
plan the board of directors shall cause notice by publication as	97744
~~provided in section 4582.01 of the Revised Code~~ to be given inas	97745
to each county in which there is a political subdivision	97746
~~participating~~that participated in the creation of the port	97747
authority, ~~and shall likewise cause notice to be served upon the~~	97748
~~owners of the uplands contiguous to any submerged lands affected~~	97749
~~by such plan in the manner provided by law for service of notice~~	97750
~~in the levy of special assessments by municipal corporations,~~ and	97751
shall permit the inspection of the plan at ~~their~~the port	97752
authority office by all persons interested. The notice shall fix	97753
the time and place for the hearing of all ~~objections to~~comments	97754
on the plan, which shall be not less than thirty nor more than	97755
sixty days after the ~~last publication~~completion of the notice	97756
~~and after service of notice upon the owners of such uplands~~. Any	97757
interested person may file written ~~objections to~~comments on the	97758
plan, provided the ~~objections~~comments are filed with the	97759
secretary of the board of directors at the secretary's office not	97760
less than five days prior to the date fixed for the hearing.	97761
After the hearing the board of directors may adopt the plan with	97762
any modifications or amendments to it as the official plan for	97763
the maritime facilities of the port authority.	97764

(B) For purposes of this section and section 4582.08 of the	97765
Revised Code:	97766

(1) "Maritime facilities" means docks, wharves, warehouses,	97767
piers, and other terminal and transportation buildings or	97768
structures used in connection with the transport, storage, or	97769
distribution of commercial goods on, over, or across the waterways	97770
or shorelines of this state, or buildings or structures for the	97771
construction, rehabilitation, maintenance, or repair of	97772
commercial vessels used for such purposes, which facilities are or	97773
are expected to be owned or leased by a port authority, operated	97774
by or on behalf of a port authority, or publicly owned and	97775
financed by a port authority.	97776

(2) "Notice by publication" means publication once in a	97777
newspaper of general circulation in the county or counties where	97778
such publication is required and the posting of the notice on the	97779
web site, if any, of the port authority. Notice is complete on the	97780
later of the date of posting or the date of newspaper publication.	97781

Sec. 4582.08. The board of directors, from time to time after	97782
the adoption of an official plan for the maritime facilities of	97783
the port authority, shall have the power to modify, amend, or	97784
extend the plan,; provided, that ~~upon~~prior to the making of any	97785
modification, amendment or extension of the plan, the board shall	97786
cause notice by publication to be given and shall conduct a	97787
hearing, all as provided in section 4582.07 of the Revised Code,	97788
and shall not adopt any such modification, amendment, or	97789
extension until the notice has been given and the hearing held as	97790
provided in ~~this~~that section. The board, from time to time after	97791
the adoption of an official plan under section 4582.07 of the	97792
Revised Code, also shall have the power to ~~consider, implement,~~	97793
modify, amend, or ~~extend~~supplement any proposal for any type of	97794
financing related to the plan and shall do so prior to	97795
undertaking any financing not identified in the plan as ~~described~~	97796
~~in section 4582.07 of the Revised Code,~~then in effect; provided,	97797
that the board shall first cause notice to be given and shall	97798
conduct a hearing on ~~the~~that proposal, all as provided in	97799
section 4582.07 of the Revised Code, and provided further that the	97800
plan, and any such proposal and the contents thereof, and anything	97801
contained or not contained therein, shall not affect the legality,	97802
validity, or enforceability of any bonds, notes, leases,	97803
certificates, or other financing instruments, any real estate,	97804
operating or management contracts or instruments or any taxes, tax	97805
abatements or exemptions, tax credits, tax increment financing,	97806
assessments, or other financial participation related to maritime	97807
facilities, the plan, or such proposal. Nothing in this section or	97808
in section 4582.07 of the Revised Code shall require a port	97809
authority to amend a plan, publish a notice, or hold a public	97810
hearing except to add or delete maritime facilities to the plan,	97811
to describe changes or deletions in the location or character of	97812
the maritime facilities covered by the plan, or to add, change, or	97813
delete financings not previously identified in the plan or cost	97814
projection changes not previously identified in the plan.	97815

Sec. 4582.32. (A) The board of directors of a port authority	97816
shall prepare, or cause to be prepared, a plan for ~~the~~any future	97817
development, construction, and improvement of the ~~port authority~~	97818
~~and its~~maritime facilities of the port authority, including such	97819
maps, profiles, and other data and descriptions as may be	97820
necessary to set forth the location and character of the work to	97821
be undertaken by the port authority and a then-current good faith	97822
estimate of the cost of the proposed facilities. The plan also	97823
shall contain ~~a description of any and all financing under~~the	97824
port authority's proposal for payment of the cost of such	97825
facilities, including revenues, grants, subsidies, loans, and	97826
financing; provided, that the plan and any such proposal and the	97827
contents thereof, and anything contained or not contained therein,	97828
shall not affect the legality, validity, or enforceability of any	97829
bonds, notes, leases, ~~or otherwise, and a description of any and~~	97830
~~all~~certificates, or other financing instruments, any real estate,	97831
operating or management contracts or instruments or any taxes, tax	97832
abatements or exemptions, tax credits, tax increment financing,	97833
~~emoluments, subsidies, grants, loans and~~assessments, or other	97834
financial participation related to maritime facilities or such	97835
plan ~~or that has been proposed by the port authority and its~~	97836
~~public and private affiliates for such plan~~. Upon the completion	97837
of such plan the board of directors shall cause notice by	97838
publication to be given inas to each county in which there is a	97839
political subdivision ~~participating~~that participated in the	97840
creation of the port authority, ~~and, in the case of a water port,~~	97841
~~shall likewise cause notice to be served upon the owners of the~~	97842
~~uplands contiguous to any submerged lands affected by such plan~~	97843
~~in the manner provided by law for service of notice in the levy~~	97844
~~of special assessments by municipal corporations,~~ and shall	97845
permit the inspection of the plan at ~~their~~the port authority	97846
office by all persons interested. The notice shall fix the time	97847
and place for the hearing of all ~~objections to~~comments on the	97848
plan, which shall be not less than thirty nor more than sixty	97849
days after the ~~last publication~~completion of the notice ~~and~~	97850
~~after service of notice upon the owners of such uplands~~. Any	97851
interested person may file written ~~objections to~~comments on the	97852
plan, provided the ~~objections~~comments are filed with the	97853
secretary of the board of directors at the secretary's office not	97854
less than five days prior to the date fixed for the hearing.	97855
After the hearing the board of directors may adopt the plan with	97856
any modifications or amendments thereto as the official plan for	97857
the maritime facilities of the port authority.	97858

(B) For purposes of this section and section 4582.33 of the	97859
Revised Code:	97860

(1) "Maritime facilities" means docks, wharves, warehouses,	97861
piers, and other terminal and transportation buildings or	97862
structures used in connection with the transport, storage, or	97863
distribution of commercial goods on, over, or across the waterways	97864
or shorelines of this state, or buildings or structures for the	97865
construction, rehabilitation, maintenance, or repair of	97866
commercial vessels used for such purposes, which facilities are or	97867
are expected to be owned or leased by a port authority, operated	97868
by or on behalf of a port authority, or publicly owned and	97869
financed by a port authority.	97870

(2) "Notice by publication" means publication once in a	97871
newspaper of general circulation in the county or counties where	97872
such publication is required and the posting of the notice on the	97873
web site, if any, of the port authority. Notice is complete on the	97874
later of the date of posting or the date of newspaper publication.	97875

Sec. 4582.33. The board of directors, from time to time after	97876
the adoption of an official plan ~~under section 4582.32 of the~~	97877
~~Revised Code~~for the maritime facilities of the port authority,	97878
shall have the power to modify, amend, or extend the plan,	97879
provided that ~~upon~~prior to the making of any modification,	97880
amendment, or extension of the plan, the board shall cause notice	97881
by publication to be given and shall conduct a hearing, all as	97882
provided in section 4582.32 of the Revised Code, and shall not	97883
adopt any such modification, amendment, or extension until the	97884
notice has been given and the hearing held as provided in ~~this~~	97885
that section. The board, from time to time after the adoption of	97886
an official plan under section 4582.32 of the Revised Code, also	97887
shall have the power to ~~consider, implement,~~ modify, amend, or	97888
~~extend~~supplement any proposal for any type of financing related	97889
to the plan and shall do so prior to undertaking any financing not	97890
identified in or pursuant to the plan as ~~described in section~~	97891
~~4582.07 of the Revised Code,~~then in effect; provided, that the	97892
board shall first cause notice to be given and shall conduct a	97893
hearing on ~~the~~that proposal, all as provided in section ~~4582.07~~	97894
4582.32 of the Revised Code, and provided further that the plan,	97895
and any such proposal and the contents thereof, and anything	97896
contained or not contained therein, shall not affect the legality,	97897
validity, or enforceability of any bonds, notes, leases,	97898
certificates, or other financing instruments, any real estate,	97899
operating or management contracts or instruments or any taxes, tax	97900
abatements or exemptions, tax credits, tax increment financing,	97901
assessments or other financial participation related to maritime	97902
facilities, the plan, or such proposal. Nothing in this section or	97903
in section 4582.32 of the Revised Code shall require a port	97904
authority to amend a plan, publish a notice, or hold a public	97905
hearing except to add or delete maritime facilities to the plan,	97906
to describe changes or deletions in the location or character of	97907
the maritime facilities covered by the plan, or to add, change, or	97908
delete financings not previously identified in the plan or cost	97909
projection changes not previously identified in the plan.	97910

Sec. 4582.71. (A) As used in this section:

97911

(1) "Bond proceedings" means, with respect to obligations	97912
authorized under this section, the resolutions, certifications and	97913
agreements, including without limitation a venture capital	97914
agreement, the loan documents and any trust agreements, and any	97915
authorized credit enhancement facilities or swaps or other hedging	97916
instruments, and amendments or supplements thereto, or to any one	97917
or more or combination of them, authorizing, awarding, or	97918
providing for the terms and conditions applicable to or providing	97919
for the security or liquidity of, the particular obligations, and	97920
the provisions contained in those obligations.	97921

(2) "Issuing authority" means a port authority that, pursuant	97922
to a venture capital agreement, issues or issued obligations to	97923
fund one or more loans to the program fund.	97924

(3) "Loan" means an extension of credit to or in aid of the	97925
program fund in any form, including loans to lenders or the	97926
purchase of loans, including the purchase for cancellation of any	97927
loan, and evidenced in any manner including, without limitation,	97928
by a loan agreement, a promissory note, a bond, note, certificate	97929
of participation or other security, a letter of credit and	97930
reimbursement agreement or other credit facility, or a standby	97931
bond or note purchase agreement, line of credit or other liquidity	97932
facility, and including, in any event, any related swap or other	97933
hedging instrument.	97934

(4) "Obligations" means, as applicable to the issuing	97935
authority, bonds, notes, or other forms or evidences of obligation	97936
constituting revenue bonds as that term is used in division (A)(4)	97937
of section 4582.06 of the Revised Code, or port authority revenue	97938
bonds as that term is used in section 4582.48 and division (A)(8)	97939
of section 4582.31 of the Revised Code, which obligations are	97940
issued by the issuing authority pursuant to the bond proceedings	97941
and this section.	97942

(5) "Port authority" means a port authority organized and	97943
existing under Chapter 4582. of the Revised Code.	97944

(6) "Research and development costs" means costs of or in	97945
support of or related to the implementation of research and	97946
development purposes including, without limitation, capital	97947
formation, direct operating costs, costs of research and	97948
facilities, including interests in real property therefor, and	97949
other support, and costs of making grants, loans, including loans	97950
to lenders or the purchase of loans, subsidies, contributions,	97951
advances or guarantees, or direct investments in, or payment, or	97952
reimbursement from available moneys for, implementing research and	97953
development purposes consistent with Section 2p of Article VIII,	97954
Ohio Constitution, and the investment policy adopted by the	97955
venture capital authority pursuant to section 150.03 of the	97956
Revised Code, and includes financing charges, amounts necessary to	97957
establish the reserves required pursuant to the bond proceedings,	97958
interest on loans including loans purchased for cancellation,	97959
interest on the obligations from their date until the time	97960
determined in the bond proceedings when interest is to be paid	97961
from sources other than the proceeds of obligations, legal	97962
expenses and other costs of or related to the issuance of	97963
obligations, estimates of costs and revenues or other expenses	97964
necessary or incident to determining the feasibility or	97965
practicability of the financing of any research and development	97966
costs with proceeds of obligations or other sources,	97967
administrative expenses related to obligations, and the	97968
application of the proceeds of obligations, including fees of the	97969
issuing authority, any trustee, and any other costs and expenses	97970
reasonably necessary or incident thereto or to the financing of	97971
research and development costs, and costs described in this	97972
division incurred prior to the issuance of obligations and paid,	97973
advanced, or borrowed by an issuing authority, the venture capital	97974
authority, the program fund or other public or private person or	97975
entity, which costs may be reimbursed from the proceeds of such	97976
obligations. "Research and development costs" does not include any	97977
otherwise qualifying costs that are in support of the purposes	97978
provided for in Section 15 of Article VIII, Ohio Constitution.	97979

(7) "Tax credits" means the refundable tax credits authorized	97980
by section 150.07 of the Revised Code and to be issued by the	97981
venture capital authority to any lender.	97982

(8) "Venture capital agreement" means an agreement between	97983
the venture capital authority and an issuing authority entered	97984
into under division (E) of section 150.02 of the Revised Code.	97985

(9) "Venture capital authority" means the Ohio venture	97986
capital authority established under section 150.02 of the Revised	97987
Code.	97988

(10) "Lender," "program fund," and "research and development	97989
purposes" have the same meanings as in section 150.01 of the	97990
Revised Code.	97991

(B) An issuing authority may issue obligations pursuant to	97992
this section and Section 2p of Article VIII, Ohio Constitution, to	97993
make loans to the program fund to provide for research and	97994
development costs. The proceeds of the obligations shall be used	97995
to make loans to provide for research and development costs and	97996
all such proceeds shall be so used in accordance with the bond	97997
proceedings. Activities authorized by Section 2p of Article VIII,	97998
Ohio Constitution, shall be authorized purposes of port	97999
authorities to the extent necessary for a port authority to act	98000
as an issuing authority under this section.	98001

(C) Except to any extent inconsistent with this section, all	98002
terms, provisions, and authorizations in Chapter 4582. of the	98003
Revised Code as applicable to the issuing authority, and the	98004
terms, provisions, and authorizations of sections 9.96, 9.98,	98005
9.981, 9.982, and 9.983 of the Revised Code apply to the	98006
obligations and the bond proceedings except as otherwise provided	98007
or provided for in those obligations and bond proceedings. The	98008
obligations shall be secured by a trust agreement between the	98009
issuing authority and a trustee, and such trust agreement, and the	98010
establishment, deposit, investment and application of special	98011
funds, and the safeguarding of moneys shall be governed by the	98012
bond proceedings and by Chapter 4582. of the Revised Code, as	98013
applicable to the issuing authority. Pursuant to the trust	98014
agreement and other bond proceedings, there shall be established,	98015
in addition to any other special funds in the custody of the	98016
trustee, one or more funds into which shall be deposited the	98017
proceeds of the obligations and the revenues pledged to the	98018
payment of the obligations, including a reserve fund in an amount	98019
established in, and to be funded as provided in, the bond	98020
proceedings.	98021

(D) The trustee, for the benefit of the issuing authority,	98022
may be authorized under the venture capital agreement to receive	98023
and claim tax credits in accordance with division (E) of section	98024
150.07 of the Revised Code. If the trustee is so authorized, the	98025
holders of the obligations, or any book-entry interests therein,	98026
shall have no rights with respect to the tax credits except any	98027
right established under the applicable trust agreement to direct	98028
the trustee to take the actions necessary to receive and claim	98029
any available tax credits. Upon receipt of any tax credit	98030
certificate issued by the venture capital authority, the trustee	98031
shall, within the times required by law, file an appropriate tax	98032
return to claim the applicable tax credits and, upon receipt of	98033
the proceeds of any such tax credits, shall promptly deposit the	98034
proceeds into the funds established in accordance with division	98035
(C) of this section.	98036

(E) The obligations do not constitute a debt, or a pledge of	98037
the faith and credit, of the state, the issuing authority or any	98038
political subdivision of the state, and the holders or owners of	98039
the obligations have no right to have taxes levied by the general	98040
assembly or the taxing authority of the issuing authority or any	98041
political subdivision of the state for the payment of the	98042
principal of or interest or any premium on the obligations, but	98043
the obligations are payable solely from the revenues and funds	98044
pledged for their payment as authorized in or pursuant to this	98045
section and the bond proceedings, and the obligations shall	98046
contain on the face thereof a statement to the effect that the	98047
obligations, as to principal and interest and any premium, are not	98048
debts of the state, the issuing authority, or any political	98049
subdivision of the state, but are payable solely from the	98050
revenues and funds pledged for their payment.	98051

(F) This section is intended to implement Section 2p of	98052
Article VIII, Ohio Constitution, including provision for	98053
procedures for incurring and issuing obligations of local public	98054
entities and agencies authorized by that section, for the purpose	98055
of making loans to the program fund to provide for research and	98056
development costs, and shall be liberally construed to effect	98057
such purposes. The powers and authorizations granted in this	98058
section may be exercised jointly or separately by one or more	98059
issuing authorities and are in addition to and supplemental to	98060
the powers and authorizations otherwise granted to port	98061
authorities under applicable provisions of Chapter 4582. of the	98062
Revised Code and shall not be construed as a limitation on any	98063
such powers or authorizations.	98064

Sec. 4709.12. (A) The barber board shall charge and collect	98065
the following fees:	98066

(1) For the application to take the barber examination,	98067
ninety dollars;	98068

(2) For an application to retake any part of the barber	98069
examination, forty-five dollars;	98070

(3) For the initial issuance of a license to practice as a	98071
barber, thirty dollars;	98072

(4) For the biennial renewal of the license to practice as a	98073
barber, one hundred ten dollars;	98074

(5) For the restoration of an expired barber license, one	98075
hundred dollars, and seventy-five dollars for each lapsed year,	98076
provided that the total fee shall not exceed six hundred ninety	98077
dollars;	98078

(6) For the issuance of a duplicate barber or shop license,	98079
forty-five dollars;	98080

(7) For the inspection of a new barber shop, change of	98081
ownership, or reopening of premises or facilities formerly	98082
operated as a barber shop, and issuance of a shop license, one	98083
hundred ten dollars;	98084

(8) For the biennial renewal of a barber shop license,	98085
seventy-five dollars;	98086

(9) For the restoration of a barber shop license, one hundred	98087
ten dollars;	98088

(10) For each inspection of premises for location of a new	98089
barber school, or each inspection of premises for relocation of a	98090
currently licensed barber school, seven hundred fifty dollars;	98091

(11) For the initial barber school license, one thousand	98092
dollars, and one thousand dollars for the renewal of the license;	98093

(12) For the restoration of a barber school license, one	98094
thousand dollars;	98095

(13) For the issuance of a student registration, forty	98096
dollars;	98097

(14) For the examination and issuance of a biennial teacher	98098
license, one hundred eighty-five dollars;	98099

(15) For the renewal of a biennial teacher license, one	98100
hundred fifty dollars;	98101

(16) For the restoration of an expired teacher license, two	98102
hundred twenty-five dollars, and sixty dollars for each lapsed	98103
year, provided that the total fee shall not exceed four hundred	98104
fifty dollars;	98105

(17) For the issuance of a barber license by reciprocity	98106
pursuant to section 4709.08 of the Revised Code, three hundred	98107
dollars;	98108

(18) For providing licensure information concerning an	98109
applicant, upon written request of the applicant, forty dollars.	98110

(B) The board, subject to the approval of the controlling	98111
board, may establish fees in excess of the amounts provided in	98112
this section, provided that the fees do not exceed the amounts	98113
permitted by this section by more than fifty per cent.	98114

(C) In addition to any other fee charged and collected under	98115
this section, the barber board shall ask each person renewing a	98116
license to practice as a barber whether the person wishes to make	98117
a two-dollar voluntary contribution to the Ed Jeffers barber	98118
museum. The board shall transmit any contributions to the	98119
treasurer of state for deposit into the occupational licensing	98120
fund.	98121

Sec. 4713.32. When determining the total hours of	98122
instruction received by an applicant for a license under section	98123
4713.28, 4713.30, or 4713.31 of the Revised Code, the state board	98124
of cosmetology shall not take into account more than ~~eight~~ten	98125
hours of instruction per day. The board shall take into account	98126
instruction received more than five years prior to the date of	98127
application for the license in accordance with rules adopted under	98128
section 4713.08 of the Revised Code.	98129

Sec. 4713.63. A practicing license, managing license, or	98130
instructor license that has not been renewed for any reason other	98131
than because it has been revoked, suspended, or classified	98132
inactive, or because the license holder has been given a waiver or	98133
extension under section 4713.60 of the Revised Code, is expired.	98134
An expired license may be restored if the person who held the	98135
license meets all of the following applicable conditions:	98136

(A) Pays to the state board of cosmetology the restoration	98137
fee,the current renewal fee, and any applicable late fees;	98138

(B) Pays ~~all~~a lapsed renewal ~~fees~~fee of forty-five dollars	98139
per license renewal period that has elapsed since the license was	98140
last issued or renewed;	98141

(C) ~~Submits proof satisfactory to the state board of~~	98142
~~cosmetology that the person has completed all applicable~~	98143
~~continuing education requirements;~~	98144

~~(D)~~ In the case of a practicing license or managing license	98145
that has been expired for more than two ~~years, retakes and passes~~	98146
~~an examination conducted under section 4713.24 of the Revised Code~~	98147
~~for the branch of cosmetology that the person seeks to practice or~~	98148
~~type of salon the person seeks to manage~~consecutive license	98149
renewal periods, completes eight hours of continuing education for	98150
each license renewal period that has elapsed since the license was	98151
last issued or renewed, up to a maximum of twenty-four hours. At	98152
least four of those hours shall include a course pertaining to	98153
sanitation and safety methods.	98154

The board shall deposit all fees it receives under division	98155
(B) of this section into the general revenue fund.	98156

Sec. 4713.64. (A) In accordance with Chapter 119. of the	98157
Revised Code, the state board of cosmetology may deny, revoke, or	98158
suspend a license or permit issued by the board or impose a fine	98159
for any of the following:	98160

(1) Failure to comply with the requirements of this chapter	98161
or rules adopted under it;	98162

(2) Continued practice by a person knowingly having an	98163
infectious or contagious disease;	98164

(3) Habitual drunkenness or addiction to any habit-forming	98165
drug;	98166

(4) Willful false and fraudulent or deceptive advertising;

98167

(5) Falsification of any record or application required to be	98168
filed with the board;	98169

(6) Failure to pay a fine or abide by a suspension order	98170
issued by the board.	98171

(B) The board may impose a separate fine for each offense	98172
listed in division (A) of this section. The amount of a fine shall	98173
be not more than ~~one~~five hundred dollars if the violator has not	98174
previously been fined for that offense. The fine shall be not more	98175
than ~~five hundred~~one thousand dollars if the violator has been	98176
fined for the same offense once before. The fine shall be not more	98177
than one thousand five hundred dollars if the violator has been	98178
fined for the same offense two or more times before.	98179

(C) If a person fails to request a hearing within thirty days	98180
of the date the board, in accordance with section 119.07 of the	98181
Revised Code, notifies the person of the board's intent to act	98182
against the person under division (A) of this section, the board	98183
by a majority vote of a quorum of the board members may take the	98184
action against the person without holding an adjudication hearing.	98185

(D) The board, after a hearing in accordance with Chapter	98186
119. of the Revised Code, may suspend a tanning facility permit if	98187
the owner or operator fails to correct an unsafe condition that	98188
exists in violation of the board's rules or fails to cooperate in	98189
an inspection of the tanning facility. If a violation has resulted	98190
in a condition reasonably believed by an inspector to create an	98191
immediate danger to the health and safety of any person using the	98192
tanning facility, the inspector may suspend the permit without a	98193
prior hearing until the condition is corrected or until a hearing	98194
in accordance with Chapter 119. of the Revised Code is held and	98195
the board either upholds the suspension or reinstates the permit.	98196

Sec. 4717.31. (A) Only a funeral director licensed pursuant	98197
to this chapter may sell a preneed funeral contract that includes	98198
funeral services. Sections 4717.31 to 4717.38 of the Revised Code	98199
do not prohibit a person who is not a licensed funeral director	98200
from selling funeral goods pursuant to a preneed funeral contract;	98201
however, when a seller sells funeral goods pursuant to a preneed	98202
funeral contract, that seller shall comply with those sections	98203
unless the seller is specifically exempt from compliance under	98204
section 4717.38 of the Revised Code.	98205

(B) An insurance agent licensed pursuant to Chapter 3905. of	98206
the Revised Code may sell, solicit, or negotiate the sale of an	98207
insurance policy or annuity that will be used to fund a preneed	98208
funeral contract, but in so doing the insurance agent may not	98209
offer advice or make recommendations about funeral services and	98210
may not discuss the advantages or disadvantages of any funeral	98211
service. In selling, soliciting, or negotiating the sale of an	98212
insurance policy or annuity that will be used to fund a preneed	98213
funeral contract, the insurance agent may do any of the following:	98214

(1) Provide the person purchasing the insurance policy or	98215
annuity with price lists from one or more funeral homes and other	98216
materials that may assist the person in determining the cost of	98217
funeral goods and services;	98218

(2) Discuss the cost of funeral goods and services with the	98219
person in order to assist the person in selecting the appropriate	98220
amount of life insurance or annuity coverage;	98221

(3) Complete a worksheet or other record to calculate the	98222
estimated cost of a funeral.	98223

(C) Activities conducted pursuant to division (B) of this	98224
section by an insurance agent licensed pursuant to Chapter 3905.	98225
of the Revised Code do not constitute funeral directing, funeral	98226
arranging, the business of directing and supervising funerals for	98227
profit, or the sale of a preneed funeral contract.	98228

(D) No seller shall fail to comply with the requirements and	98229
duties specified in this section and sections 4717.32 to 4717.38	98230
of the Revised Code.	98231

(E) No trustee of a preneed funeral contract trust shall	98232
fail to comply with sections 4717.33, 4717.34, 4717.36, and	98233
4717.37 of the Revised Code.	98234

(F) No insurance agent or insurance company that sells or	98235
offers life insurance policies or annuities used to fund a	98236
preneed funeral contract shall fail to comply with this section	98237
and sections 4717.33, 4717.34, 4717.35, and 4717.37 of the	98238
Revised Code. To the extent this section and sections 4717.33,	98239
4717.34, 4717.35, and 4717.37 of the Revised Code apply to	98240
insurance companies or insurance agents, those sections	98241
constitute laws of this state relating to insurance for purposes	98242
of sections 3901.03 and 3901.04 of the Revised Code and the	98243
superintendent of insurance shall enforce those sections with	98244
respect to insurance companies and insurance agents. The	98245
superintendent may adopt rules in accordance with Chapter 119. of	98246
the Revised Code for purposes of administering and enforcing this	98247
section and sections 4717.33, 4717.34, 4717.35, and 4717.37 of	98248
the Revised Code as those sections apply to insurance companies	98249
or insurance agents.	98250

(G) A preneed funeral contract may be funded by the purchase	98251
or assignment of an insurance policy or annuity in accordance with	98252
section 3905.45 of the Revised Code. A preneed funeral contract	98253
that is funded by the purchase or assignment of an insurance	98254
policy or annuity in accordance with section 3905.45 of the	98255
Revised Code is not subject to section 4717.36 of the Revised	98256
Code.	98257

(H) The board of embalmers and funeral directors shall	98258
administer and enforce the provisions of sections 4717.31 to	98259
4717.38 of the Revised Code concerning the requirements for and	98260
sale of preneed funeral contracts. The superintendent of insurance	98261
shall enforce sections 4717.31, 4717.33, 4717.34, 4717.35, and	98262
4717.37 of the Revised Code to the extent those sections apply to	98263
insurance companies and insurance agents. Payments from a trust,	98264
insurance policy, or annuity, including any fraudulent activities	98265
in which a person engages to obtain payments from a trust,	98266
insurance policy, or annuity, shall be regulated in accordance	98267
with Chapter 1111. or Title XXXIX of the Revised Code, as	98268
applicable.	98269

(I) AExcept as provided in division (K) of this section, a	98270
seller of a preneed funeral contract that is funded by insurance	98271
or otherwise annually shall submit to the board the reports the	98272
board requires pursuant to division (J) of this section.	98273

(J) ~~The~~Except as provided in division (K) of this section,	98274
the board shall adopt rules specifying the procedures and	98275
requirements for annual reporting of the sales of all preneed	98276
funeral contracts sold by every seller who is subject to sections	98277
4717.31 to 4717.38 of the Revised Code.	98278

(K) A cemetery company or cemetery association that sells	98279
merchandise or services pursuant to a preneed cemetery merchandise	98280
and services contract and that also sells funeral goods pursuant	98281
to a preneed funeral contract shall be deemed to have met the	98282
requirements in divisions (I) and (J) of this section by	98283
submitting the annual preneed funeral contract report to the	98284
division of real estate of the department of commerce along with	98285
or as part of the annual cemetery merchandise and services	98286
contract affidavit required under division (F)(1) of section	98287
1721.211 of the Revised Code.	98288

Sec. 4729.42. (A) As used in this section, "qualified	98289
pharmacy technician" means a person who is under the personal	98290
supervision of a pharmacist and to whom all of the following	98291
apply:	98292

(1) The person is eighteen years of age or older.

98293

(2) The person possesses a high school diploma, possesses a	98294
certificate of high school equivalence, or was employed prior to	98295
April 8, 2009, as a pharmacy technician without a high school	98296
diploma or a certificate of high school equivalence.	98297

(3) The person has passed an examination approved by the	98298
state board of pharmacy to determine a person's competency to	98299
perform services as a pharmacy technician.	98300

(4) Except as otherwise provided in this section, the person	98301
has submitted to a criminal records check in accordance with	98302
section 4776.02 of the Revised Code as if the person was an	98303
applicant for an initial license who is subject to that section,	98304
and the results of the criminal records check provided as	98305
described in that section and section 4776.04 of the Revised Code	98306
do not show that the person previously has been convicted of or	98307
pleaded guilty to any felony in this state, any other state, or	98308
the United States.	98309

(B) Except as provided in division (F) of this section, no	98310
person who is not a pharmacist, pharmacy intern, or qualified	98311
pharmacy technician shall do any of the following in a pharmacy	98312
or while performing a function of a pharmacy:	98313

(1) Engage in the compounding of any drug;

98314

(2) Package or label any drug;

98315

(3) Prepare or mix any intravenous drug to be injected into	98316
a human being.	98317

(C) No pharmacist shall allow any person employed or	98318
otherwise under the control of the pharmacist to violate division	98319
(B) of this section.	98320

(D) No person who owns, manages, or conducts a pharmacy shall	98321
allow any person employed or otherwise under the control of the	98322
person who owns, manages, or conducts the pharmacy to violate	98323
division (B) of this section.	98324

(E) No person who submits to a criminal records check in	98325
accordance with section 4776.02 of the Revised Code for the	98326
purpose of satisfying the criterion set forth in division (A)(4)	98327
of this section and who obtains a report pursuant to section	98328
4776.02 or 4776.04 of the Revised Code containing the results of	98329
the criminal records check and any information provided by the	98330
federal bureau of investigation shall modify or alter, or allow	98331
any other person to modify or alter, any item, record, or	98332
information contained in the report and thereafter use the	98333
modified or altered report for the purpose of satisfying the	98334
criterion set forth in division (A)(4) of this section or	98335
otherwise submit or use it for any purpose or in any manner	98336
identified in division (A) of section 2921.13 of the Revised Code.	98337

(F)(1) Division (B) of this section does not prohibit a	98338
health care professional authorized to engage in the activities	98339
specified in division (B)(1), (2), or (3) of this section while	98340
acting in the course of the professional's practice.	98341

(2) Division (B) of this section does not prohibit the	98342
activities performed by a student as an integral part of a	98343
pharmacy technician training program that is operated by a	98344
vocational school district or joint vocational school district,	98345
certified by the department of education, or approved by the Ohio	98346
board of regents.	98347

(3) In the case of a person employed after April 8, 2009,	98348
division (B) of this section does not prohibit the person's	98349
activities for the first ~~two hundred ten days~~twelve months	98350
following the initial date of employment, if both of the	98351
following apply:	98352

(a) The person is participating in or has completed a	98353
pharmacy technician training program that meets the board's	98354
standards for those programs and is making substantial progress	98355
in preparation to take a pharmacy technician examination approved	98356
by the board.	98357

(b) The results of the person's criminal records check	98358
provided as described in sections 4776.02 and 4776.04 of the	98359
Revised Code show that the person previously has not been	98360
convicted of or has not pleaded guilty to any felony in this	98361
state, any other state, or the United States.	98362

(4) In the case of a person who completes a pharmacy	98363
technician training program that is operated by a vocational	98364
school district or joint vocational school district, division (B)	98365
of this section does not prohibit the person's activities for the	98366
first ~~two hundred ten days~~twelve months following the date of	98367
completing the program, if both of the following apply:	98368

(a) The person is making substantial progress in preparation	98369
to take a pharmacy technician examination approved by the board.	98370

(b) The results of the person's criminal records check show	98371
that the person previously has not been convicted of or has not	98372
pleaded guilty to any felony in this state, any other state, or	98373
the United States.	98374

(5) In the case of a person employed on April 8, 2009, in the	98375
capacity of a pharmacy technician, division (B) of this section	98376
does not do either of the following:	98377

(a) Require the person to undergo a criminal records check if	98378
the person has been employed for five years or longer;	98379

(b) Prohibit the person's activities until the earlier of	98380
either of the following:	98381

(i) If the person has not passed an examination described in	98382
division (A)(3) of this section, ~~one year~~eighteen months after	98383
April 8, 2009;	98384

(ii) If a criminal records check is required because the	98385
person has not been employed for five years or longer, the date on	98386
which the person and the employer receive the results of a	98387
criminal records check provided as described in sections 4776.02	98388
and 4776.04 of the Revised Code that show the person previously	98389
has been convicted of or pleaded guilty to any felony in this	98390
state, any other state, or the United States.	98391

(G) If, pursuant to rules adopted under section 4729.26 of	98392
the Revised Code, the board requires a person that develops or	98393
administers a pharmacy technician examination to submit	98394
examination materials to the board for approval, any examination	98395
materials that are submitted shall not be public records for	98396
purposes of section 149.43 of the Revised Code.	98397

Sec. 4729.99. (A) Whoever violates section 4729.16, division	98398
(A) or (B) of section 4729.38, or section 4729.57 of the Revised	98399
Code is guilty of a minor misdemeanor. Each day's violation	98400
constitutes a separate offense.	98401

(B) Whoever violates section 4729.27, 4729.28, or 4729.36 of	98402
the Revised Code is guilty of a misdemeanor of the third degree.	98403
Each day's violation constitutes a separate offense. If the	98404
offender previously has been convicted of or pleaded guilty to a	98405
violation of this chapter, that person is guilty of a misdemeanor	98406
of the second degree.	98407

(C) Whoever violates section 4729.32, 4729.33, or 4729.34 of	98408
the Revised Code is guilty of a misdemeanor.	98409

(D) Whoever violates division (A), (B), (D), or (E) of	98410
section 4729.51 of the Revised Code is guilty of a misdemeanor of	98411
the first degree.	98412

(E)(1) Whoever violates section 4729.37, division (C)(2) of	98413
section 4729.51, division (J) of section 4729.54, or section	98414
4729.61 of the Revised Code is guilty of a felony of the fifth	98415
degree. If the offender previously has been convicted of or	98416
pleaded guilty to a violation of this chapter or a violation of	98417
Chapter 2925. or 3719. of the Revised Code, that person is guilty	98418
of a felony of the fourth degree.	98419

(2) If an offender is convicted of or pleads guilty to a	98420
violation of section 4729.37, division (C) of section 4729.51,	98421
division (J) of section 4729.54, or section 4729.61 of the Revised	98422
Code, if the violation involves the sale, offer to sell, or	98423
possession of a schedule I or II controlled substance, with the	98424
exception of marihuana, and if the court imposing sentence upon	98425
the offender finds that the offender as a result of the violation	98426
is a major drug offender, as defined in section 2929.01 of the	98427
Revised Code, and is guilty of a specification of the type	98428
described in section 2941.1410 of the Revised Code, the court, in	98429
lieu of the prison term authorized or required by division (E)(1)	98430
of this section and sections 2929.13 and 2929.14 of the Revised	98431
Code and in addition to any other sanction imposed for the offense	98432
under sections 2929.11 to 2929.18 of the Revised Code, shall	98433
impose upon the offender, in accordance with division (D)(3)(a) of	98434
section 2929.14 of the Revised Code, the mandatory prison term	98435
specified in that division and may impose an additional prison	98436
term under division (D)(3)(b) of that section.	98437

(3) Notwithstanding any contrary provision of section 3719.21	98438
of the Revised Code, the clerk of court shall pay any fine imposed	98439
for a violation of section 4729.37, division (C) of section	98440
4729.51, division (J) of section 4729.54, or section 4729.61 of	98441
the Revised Code pursuant to division (A) of section 2929.18 of	98442
the Revised Code in accordance with and subject to the	98443
requirements of division (F) of section 2925.03 of the Revised	98444
Code. The agency that receives the fine shall use the fine as	98445
specified in division (F) of section 2925.03 of the Revised Code.	98446

(F) Whoever violates section 4729.531 of the Revised Code or	98447
any rule adopted thereunder or section 4729.532 of the Revised	98448
Code is guilty of a misdemeanor of the first degree.	98449

(G) Whoever violates division (C)(1) of section 4729.51 of	98450
the Revised Code is guilty of a felony of the fourth degree. If	98451
the offender has previously been convicted of or pleaded guilty to	98452
a violation of this chapter, or of a violation of Chapter 2925. or	98453
3719. of the Revised Code, that person is guilty of a felony of	98454
the third degree.	98455

(H) Whoever violates division (C)(3) of section 4729.51 of	98456
the Revised Code is guilty of a misdemeanor of the first degree.	98457
If the offender has previously been convicted of or pleaded guilty	98458
to a violation of this chapter, or of a violation of Chapter 2925.	98459
or 3719. of the Revised Code, that person is guilty of a felony of	98460
the fifth degree.	98461

(I)(1) Whoever violates division (B) of section 4729.42 of	98462
the Revised Code is guilty of unauthorized pharmacy-related drug	98463
conduct. Except as otherwise provided in this section,	98464
unauthorized pharmacy-related drug conduct is a misdemeanor of	98465
the second degree. If the offender previously has been convicted	98466
of or pleaded guilty to a violation of division (B), (C), (D),	98467
or (E) of that section, unauthorized pharmacy-related drug	98468
conduct is a misdemeanor of the first degree on a second offense	98469
and a felony of the fifth degree on a third or subsequent offense.	98470

(2) Whoever violates division (C) or (D) of section 4729.42	98471
of the Revised Code is guilty of permitting unauthorized	98472
pharmacy-related drug conduct. Except as otherwise provided in	98473
this section, permitting unauthorized pharmacy-related drug	98474
conduct is a misdemeanor of the second degree. If the offender	98475
previously has been convicted of or pleaded guilty to a violation	98476
of division (B), (C), (D), or (E) of that section, permitting	98477
unauthorized pharmacy-related drug conduct is a misdemeanor of	98478
the first degree on a second offense and a felony of the fifth	98479
degree on a third or subsequent offense.	98480

(3) Whoever violates division (E) of section ~~4749.02~~4729.42	98481
of the Revised Code is guilty of the offense of falsification	98482
under section 2921.13 of the Revised Code. In addition to any	98483
other sanction imposed for the violation, the offender is forever	98484
disqualified from engaging in any activity specified in division	98485
(B)(1), (2), or (3) of section ~~4749.02~~4729.42 of the Revised Code	98486
and from performing any function as a health care professional or	98487
health care worker. As used in this division, "health care	98488
professional" and "health care worker" have the same meanings as	98489
in section 2305.234 of the Revised Code.	98490

(4) Notwithstanding any contrary provision of section	98491
3719.21 of the Revised Code or any other provision of law that	98492
governs the distribution of fines, the clerk of the court shall	98493
pay any fine imposed pursuant to division (I)(1), (2), or (3) of	98494
this section to the state board of pharmacy if the board has	98495
adopted a written internal control policy under division (F)(2)	98496
of section 2925.03 of the Revised Code that addresses fine	98497
moneys that it receives under Chapter 2925. of the Revised Code	98498
and if the policy also addresses fine moneys paid under this	98499
division. The state board of pharmacy shall use the fines so	98500
paid in accordance with the written internal control policy to	98501
subsidize the board's law enforcement efforts that pertain to	98502
drug offenses.	98503

Sec. 4731.10. Upon the request of a person ~~licensed~~who	98504
holds a certificate to practice in this state pursuant to Chapter	98505
4731. of the Revised Code and is seeking licensure in another	98506
state, the state medical board shall ~~certify an application for~~	98507
~~licensure in another~~provide verification of the person's	98508
certificate to practice in this state. The fee for such	98509
~~certification~~verification shall be fifty dollars.	98510

Sec. 4731.26. Upon application by the holder of a	98511
certificate to practice or certificate of registration issued	98512
under this chapter, the state medical board shall issue a	98513
duplicate certificate to replace one missing or damaged, to	98514
reflect a name change, or for any other reasonable cause. The fee	98515
for ~~such~~a duplicate certificate to practice or duplicate	98516
certificate of registration shall be thirty-five dollars.	98517

Sec. 4731.38. All vouchers of the state medical board shall	98518
be approved by the ~~board~~board's president or, the board's	98519
executive ~~secretary~~director, or ~~both, as~~another person	98520
authorized by the board.	98521

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	98522
Revised Code:	98523

(A)(1) "Clinical laboratory services" means either of the	98524
following:	98525

(a) Any examination of materials derived from the human body	98526
for the purpose of providing information for the diagnosis,	98527
prevention, or treatment of any disease or impairment or for the	98528
assessment of health;	98529

(b) Procedures to determine, measure, or otherwise describe	98530
the presence or absence of various substances or organisms in the	98531
body.	98532

(2) "Clinical laboratory services" does not include the mere	98533
collection or preparation of specimens.	98534

(B) "Designated health services" means any of the following:

98535

(1) Clinical laboratory services;

98536

(2) Home health care services;

98537

(3) Outpatient prescription drugs.

98538

(C) "Fair market value" means the value in arms-length	98539
transactions, consistent with general market value and:	98540

(1) With respect to rentals or leases, the value of rental	98541
property for general commercial purposes, not taking into account	98542
its intended use;	98543

(2) With respect to a lease of space, not adjusted to reflect	98544
the additional value the prospective lessee or lessor would	98545
attribute to the proximity or convenience to the lessor if the	98546
lessor is a potential source of referrals to the lessee.	98547

(D) "Governmental health care program" means any program	98548
providing health care benefits that is administered by the federal	98549
government, this state, or a political subdivision of this state,	98550
including the medicare program established under Title XVIII of	98551
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	98552
as amended, health care coverage for public employees, health care	98553
benefits administered by the bureau of workers' compensation, the	98554
medicaid program established under Chapter 5111. of the Revised	98555
Code, ~~the disability medical assistance program established~~	98556
~~under Chapter 5115. of the Revised Code,~~ and the children's	98557
buy-in program established under sections 5101.5211 to 5101.5216	98558
of the Revised Code.	98559

(E)(1) "Group practice" means a group of two or more holders	98560
of certificates under this chapter legally organized as a	98561
partnership, professional corporation or association, limited	98562
liability company, foundation, nonprofit corporation, faculty	98563
practice plan, or similar group practice entity, including an	98564
organization comprised of a nonprofit medical clinic that	98565
contracts with a professional corporation or association of	98566
physicians to provide medical services exclusively to patients of	98567
the clinic in order to comply with section 1701.03 of the Revised	98568
Code and including a corporation, limited liability company,	98569
partnership, or professional association described in division (B)	98570
of section 4731.226 of the Revised Code formed for the purpose of	98571
providing a combination of the professional services of	98572
optometrists who are licensed, certificated, or otherwise legally	98573
authorized to practice optometry under Chapter 4725. of the	98574
Revised Code, chiropractors who are licensed, certificated, or	98575
otherwise legally authorized to practice chiropractic or	98576
acupuncture under Chapter 4734. of the Revised Code, psychologists	98577
who are licensed, certificated, or otherwise legally authorized to	98578
practice psychology under Chapter 4732. of the Revised Code,	98579
registered or licensed practical nurses who are licensed,	98580
certificated, or otherwise legally authorized to practice nursing	98581
under Chapter 4723. of the Revised Code, pharmacists who are	98582
licensed, certificated, or otherwise legally authorized to	98583
practice pharmacy under Chapter 4729. of the Revised Code,	98584
physical therapists who are licensed, certificated, or otherwise	98585
legally authorized to practice physical therapy under sections	98586
4755.40 to 4755.56 of the Revised Code, occupational therapists	98587
who are licensed, certificated, or otherwise legally authorized to	98588
practice occupational therapy under sections 4755.04 to 4755.13 of	98589
the Revised Code, mechanotherapists who are licensed,	98590
certificated, or otherwise legally authorized to practice	98591
mechanotherapy under section 4731.151 of the Revised Code, and	98592
doctors of medicine and surgery, osteopathic medicine and surgery,	98593
or podiatric medicine and surgery who are licensed, certificated,	98594
or otherwise legally authorized for their respective practices	98595
under this chapter, to which all of the following apply:	98596

(a) Each physician who is a member of the group practice	98597
provides substantially the full range of services that the	98598
physician routinely provides, including medical care,	98599
consultation, diagnosis, or treatment, through the joint use of	98600
shared office space, facilities, equipment, and personnel.	98601

(b) Substantially all of the services of the members of the	98602
group are provided through the group and are billed in the name of	98603
the group and amounts so received are treated as receipts of the	98604
group.	98605

(c) The overhead expenses of and the income from the practice	98606
are distributed in accordance with methods previously determined	98607
by members of the group.	98608

(d) The group practice meets any other requirements that the	98609
state medical board applies in rules adopted under section 4731.70	98610
of the Revised Code.	98611

(2) In the case of a faculty practice plan associated with a	98612
hospital with a medical residency training program in which	98613
physician members may provide a variety of specialty services and	98614
provide professional services both within and outside the group,	98615
as well as perform other tasks such as research, the criteria in	98616
division (E)(1) of this section apply only with respect to	98617
services rendered within the faculty practice plan.	98618

(F) "Home health care services" and "immediate family" have	98619
the same meanings as in the rules adopted under section 4731.70 of	98620
the Revised Code.	98621

(G) "Hospital" has the same meaning as in section 3727.01 of	98622
the Revised Code.	98623

(H) A "referral" includes both of the following:

98624

(1) A request by a holder of a certificate under this chapter	98625
for an item or service, including a request for a consultation	98626
with another physician and any test or procedure ordered by or to	98627
be performed by or under the supervision of the other physician;	98628

(2) A request for or establishment of a plan of care by a	98629
certificate holder that includes the provision of designated	98630
health services.	98631

(I) "Third-party payer" has the same meaning as in section	98632
3901.38 of the Revised Code.	98633

Sec. 4731.71. The auditor of state may implement procedures	98634
to detect violations of section 4731.66 or 4731.69 of the Revised	98635
Code within governmental health care programs administered by the	98636
state. The auditor of state shall report any violation of either	98637
section to the state medical board and shall certify to the	98638
attorney general in accordance with section 131.02 of the Revised	98639
Code the amount of any refund owed to a state-administered	98640
governmental health care program under section 4731.69 of the	98641
Revised Code as a result of a violation. If a refund is owed to	98642
the medicaid program established under Chapter 5111. of the	98643
Revised Code~~, the disability medical assistance program~~	98644
~~established under Chapter 5115. of the Revised Code,~~ or the	98645
children's buy-in program established under sections 5101.5211 to	98646
5101.5216 of the Revised Code, the auditor of state also shall	98647
report the amount to the department of job and family services.	98648

The state medical board also may implement procedures to	98649
detect violations of section 4731.66 or 4731.69 of the Revised	98650
Code.	98651

Sec. 4733.10. The state board of registration for	98652
professional engineers and surveyors shall prepare annually a	98653
listing of all registered professional engineers, registered	98654
professional surveyors, and firms that possess a certificate of	98655
authorization. The board shall provide a copy of this listing upon	98656
request to registrants of the board and to firms possessing a	98657
certificate of authorization without charge and to the public upon	98658
request and payment of copy costs.	98659

Additionally, the board shall issue an official verification	98660
of the status of any person registered as a professional engineer	98661
or professional surveyor in this state upon receipt of a	98662
verification form and the payment of a fee established by the	98663
board.	98664

Sec. 4734.25. A license to practice chiropractic from the	98665
state chiropractic board expires ~~annually on the first day of~~	98666
~~January~~biennially in accordance with the schedule established in	98667
rules adopted under this section and may be renewed. The renewal	98668
process shall be conducted in accordance with the standard renewal	98669
procedures of Chapter 4745. of the Revised Code, except that the	98670
board's executive director shall notify each license holder of the	98671
license renewal requirements of this section not later than sixty	98672
days prior to the license's expiration date. When an application	98673
for renewal is submitted, the applicant shall provide the	98674
information necessary to process the application and pay a renewal	98675
fee ~~of two hundred fifty dollars~~in an amount the board specifies	98676
in rules adopted under this section.	98677

Before a renewal of license is issued by the board, the	98678
licensee shall furnish the board with satisfactory evidence that	98679
the licensee has completed during the current licensing period not	98680
less than the number of hours of continuing education that the	98681
board requires in rules adopted under this section. For an	98682
activity to be applied toward the continuing education	98683
requirement, the activity must meet the board's approval as a	98684
continuing education activity, as specified in rules adopted under	98685
this section. Any exception from the continuing education	98686
requirement must be approved by the board.	98687

Failure of a licensee to comply with this section~~, including~~	98688
~~failure to pay the renewal fee on or before the first day of~~	98689
~~January of each year,~~ shall operate as an automatic forfeiture of	98690
the right of the licensee to practice chiropractic in this state.	98691
A forfeited license may be reinstated by the board upon payment of	98692
all fees due and a penalty fee ~~of one hundred fifty dollars~~in an	98693
amount the board specifies in rules adopted under this section for	98694
reinstatement, in addition to satisfying the board of having	98695
complied with the continuing education requirements of this	98696
section. If an individual's license has been forfeited for two or	98697
more years, the board may also require as a condition of	98698
reinstatement that the individual complete training or testing as	98699
specified by the board.	98700

The board shall adopt any rules it considers necessary to	98701
implement this section, including standards for approval of	98702
continuing education in the practice of chiropractic. All rules	98703
adopted under this section shall be adopted in accordance with	98704
Chapter 119. of the Revised Code.	98705

Sec. 4735.06. (A) Application for a license as a real estate	98706
broker shall be made to the superintendent of real estate on forms	98707
furnished by the superintendent and filed with the superintendent	98708
and shall be signed by the applicant or its members or officers.	98709
Each application shall state the name of the person applying and	98710
the location of the place of business for which the license is	98711
desired, and give such other information as the superintendent	98712
requires in the form of application prescribed by the	98713
superintendent.	98714

If the applicant is a partnership, limited liability company,	98715
limited liability partnership, or association, the names of all	98716
the members also shall be stated, and, if the applicant is a	98717
corporation, the names of its president and of each of its	98718
officers also shall be stated. The superintendent has the right to	98719
reject the application of any partnership, association, limited	98720
liability company, limited liability partnership, or corporation	98721
if the name proposed to be used by such partnership, association,	98722
limited liability company, limited liability partnership, or	98723
corporation is likely to mislead the public or if the name is not	98724
such as to distinguish it from the name of any existing	98725
partnership, association, limited liability company, limited	98726
liability partnership, or corporation licensed under this chapter,	98727
unless there is filed with the application the written consent of	98728
such existing partnership, association, limited liability company,	98729
limited liability partnership, or corporation, executed by a duly	98730
authorized representative of it, permitting the use of the name of	98731
such existing partnership, association, limited liability company,	98732
limited liability partnership, or corporation.	98733

(B) A fee of ~~sixty-nine~~one hundred dollars shall accompany	98734
the application for a real estate broker's license, which fee	98735
includes the fee for the initial year of the licensing period, if	98736
a license is issued. The application fee shall be retained by the	98737
superintendent if the applicant is admitted to the examination for	98738
the license or the examination requirement is waived, but, if an	98739
applicant is not so admitted and a waiver is not involved,	98740
one-half of the fee shall be retained by the superintendent to	98741
cover the expenses of processing the application and the other	98742
one-half shall be returned to the applicant. A fee of ~~sixty-nine~~	98743
one hundred dollars shall be charged by the superintendent for	98744
each successive application made by an applicant. In the case of	98745
issuance of a three-year license, upon passing the examination,	98746
or upon waiver of the examination requirement, if the	98747
superintendent determines it is necessary, the applicant shall	98748
submit an additional fee determined by the superintendent based	98749
upon the number of years remaining in a real estate salesperson's	98750
licensing period.	98751

(C) ~~Four dollars~~One dollar of each application fee for a	98752
real estate broker's license shall be credited to the real estate	98753
education and research fund, which is hereby created in the state	98754
treasury. The Ohio real estate commission may use the fund in	98755
discharging the duties prescribed in divisions (E), (F), (G), and	98756
(H) of section 4735.03 of the Revised Code and shall use it in the	98757
advancement of education and research in real estate at any	98758
institution of higher education in the state, or in contracting	98759
with any such institution or a trade organization for a particular	98760
research or educational project in the field of real estate, or in	98761
advancing loans, not exceeding eight hundred dollars, to	98762
applicants for salesperson licenses, to defray the costs of	98763
satisfying the educational requirements of division (F) of section	98764
4735.09 of the Revised Code. Such loans shall be made according to	98765
rules established by the commission under the procedures of	98766
Chapter 119. of the Revised Code, and they shall be repaid to the	98767
fund within three years of the time they are made. No more than	98768
ten thousand dollars shall be lent from the fund in any one year.	98769

The governor may appoint a representative from the executive	98770
branch to be a member ex officio of the commission for the purpose	98771
of advising on research requests or educational projects. The	98772
commission shall report to the general assembly on the third	98773
Tuesday after the third Monday in January of each year setting	98774
forth the total amount contained in the fund and the amount of	98775
each research grant that it has authorized and the amount of each	98776
research grant requested. A copy of all research reports shall be	98777
submitted to the state library of Ohio and the library of the	98778
legislative service commission.	98779

(D) If the superintendent, with the consent of the	98780
commission, enters into an agreement with a national testing	98781
service to administer the real estate broker's examination,	98782
pursuant to division (A) of section 4735.07 of the Revised Code,	98783
the superintendent may require an applicant to pay the testing	98784
service's examination fee directly to the testing service. If the	98785
superintendent requires the payment of the examination fee	98786
directly to the testing service, each applicant shall submit to	98787
the superintendent a processing fee in an amount determined by the	98788
Ohio real estate commission pursuant to division (A)(2) of section	98789
4735.10 of the Revised Code.	98790

Sec. 4735.09. (A) Application for a license as a real estate	98791
salesperson shall be made to the superintendent of real estate on	98792
forms furnished by the superintendent and signed by the applicant.	98793
The application shall be in the form prescribed by the	98794
superintendent and shall contain such information as is required	98795
by this chapter and the rules of the Ohio real estate commission.	98796
The application shall be accompanied by the recommendation of the	98797
real estate broker with whom the applicant is associated or with	98798
whom the applicant intends to be associated, certifying that the	98799
applicant is honest, truthful, and of good reputation, has not	98800
been convicted of a felony or a crime involving moral turpitude,	98801
and has not been finally adjudged by a court to have violated any	98802
municipal, state, or federal civil rights laws relevant to the	98803
protection of purchasers or sellers of real estate, which	98804
conviction or adjudication the applicant has not disclosed to the	98805
superintendent, and recommending that the applicant be admitted to	98806
the real estate salesperson examination.	98807

(B) A fee of ~~forty-nine~~sixty dollars shall accompany the	98808
application, which fee includes the fee for the initial year of	98809
the licensing period, if a license is issued. The application	98810
fee shall be retained by the superintendent if the applicant is	98811
admitted to the examination for the license or the examination	98812
requirement is waived, but, if an applicant is not so admitted	98813
and a waiver is not involved, one-half of the fee shall be	98814
retained by the superintendent to cover the expenses of processing	98815
the application and the other one-half shall be returned to the	98816
applicant. A fee of ~~forty-nine~~sixty dollars shall be charged by	98817
the superintendent for each successive application made by the	98818
applicant. ~~Four dollars~~One dollar of each application fee shall	98819
be credited to the real estate education and research fund.	98820

(C) There shall be no limit placed on the number of times an	98821
applicant may retake the examination.	98822

(D) The superintendent, with the consent of the commission,	98823
may enter into an agreement with a recognized national testing	98824
service to administer the real estate salesperson's examination	98825
under the superintendent's supervision and control, consistent	98826
with the requirements of this chapter as to the contents of the	98827
examination.	98828

If the superintendent, with the consent of the commission,	98829
enters into an agreement with a national testing service to	98830
administer the real estate salesperson's examination, the	98831
superintendent may require an applicant to pay the testing	98832
service's examination fee directly to the testing service. If the	98833
superintendent requires the payment of the examination fee	98834
directly to the testing service, each applicant shall submit to	98835
the superintendent a processing fee in an amount determined by the	98836
Ohio real estate commission pursuant to division (A)(1) of section	98837
4735.10 of the Revised Code.	98838

(E) The superintendent shall issue a real estate	98839
salesperson's license when satisfied that the applicant has	98840
received a passing score on each portion of the salesperson's	98841
examination as determined by rule by the real estate commission,	98842
except that the superintendent may waive one or more of the	98843
requirements of this section in the case of an applicant who is a	98844
licensed real estate salesperson in another state pursuant to a	98845
reciprocity agreement with the licensing authority of the state	98846
from which the applicant holds a valid real estate salesperson's	98847
license.	98848

(F) No applicant for a salesperson's license shall take the	98849
salesperson's examination who has not established to the	98850
satisfaction of the superintendent that the applicant:	98851

(1) Is honest, truthful, and of good reputation;

98852

(2)(a) Has not been convicted of a felony or crime of moral	98853
turpitude or, if the applicant has been so convicted, the	98854
superintendent has disregarded the conviction because the	98855
applicant has proven to the superintendent, by a preponderance of	98856
the evidence, that the applicant's activities and employment	98857
record since the conviction show that the applicant is honest,	98858
truthful, and of good reputation, and there is no basis in fact	98859
for believing that the applicant again will violate the laws	98860
involved;	98861

(b) Has not been finally adjudged by a court to have violated	98862
any municipal, state, or federal civil rights laws relevant to the	98863
protection of purchasers or sellers of real estate or, if the	98864
applicant has been so adjudged, at least two years have passed	98865
since the court decision and the superintendent has disregarded	98866
the adjudication because the applicant has proven, by a	98867
preponderance of the evidence, that the applicant is honest,	98868
truthful, and of good reputation, and there is no basis in fact	98869
for believing that the applicant again will violate the laws	98870
involved.	98871

(3) Has not, during any period in which the applicant was	98872
licensed under this chapter, violated any provision of, or any	98873
rule adopted pursuant to this chapter, or, if the applicant has	98874
violated such provision or rule, has established to the	98875
satisfaction of the superintendent that the applicant will not	98876
again violate such provision or rule;	98877

(4) Is at least eighteen years of age;

98878

(5) If born after the year 1950, has a high school diploma or	98879
its equivalent as recognized by the state department of education;	98880

(6)(a) If beginning instruction prior to August 1, 2001, has	98881
successfully completed at an institution of higher education all	98882
of the following:	98883

(i) Thirty hours of classroom instruction in real estate	98884
practice;	98885

(ii) Thirty hours of classroom instruction that includes the	98886
subjects of Ohio real estate law, municipal, state, and federal	98887
civil rights law, new case law on housing discrimination,	98888
desegregation issues, and methods of eliminating the effects of	98889
prior discrimination. If feasible, the classroom instruction in	98890
Ohio real estate law shall be taught by a member of the faculty of	98891
an accredited law school. If feasible, the classroom instruction	98892
in municipal, state, and federal civil rights law, new case law on	98893
housing discrimination, desegregation issues, and methods of	98894
eliminating the effects of prior discrimination shall be taught by	98895
a staff member of the Ohio civil rights commission who is	98896
knowledgeable with respect to those subjects. The requirements of	98897
this division do not apply to an applicant who is admitted to	98898
practice before the supreme court.	98899

(iii) Thirty hours of classroom instruction in real estate	98900
appraisal;	98901

(iv) Thirty hours of classroom instruction in real estate	98902
finance.	98903

(b) Any person who has not been licensed as a real estate	98904
salesperson or broker within a four-year period immediately	98905
preceding the person's current application for the salesperson's	98906
examination shall have successfully completed the classroom	98907
instruction required by division (F)(6)(a) of this section within	98908
a ten-year period immediately preceding the person's current	98909
application for the salesperson's examination.	98910

(7) If beginning instruction, as determined by the	98911
superintendent, on or after August 1, 2001, has successfully	98912
completed at an institution of higher education all of the	98913
following:	98914

(a) Forty hours of classroom instruction in real estate	98915
practice;	98916

(b) Forty hours of classroom instruction that includes the	98917
subjects of Ohio real estate law, municipal, state, and federal	98918
civil rights law, new case law on housing discrimination,	98919
desegregation issues, and methods of eliminating the effects of	98920
prior discrimination. If feasible, the classroom instruction in	98921
Ohio real estate law shall be taught by a member of the faculty of	98922
an accredited law school. If feasible, the classroom instruction	98923
in municipal, state, and federal civil rights law, new case law on	98924
housing discrimination, desegregation issues, and methods of	98925
eliminating the effects of prior discrimination shall be taught by	98926
a staff member of the Ohio civil rights commission who is	98927
knowledgeable with respect to those subjects. The requirements of	98928
this division do not apply to an applicant who is admitted to	98929
practice before the supreme court.	98930

(c) Twenty hours of classroom instruction in real estate	98931
appraisal;	98932

(d) Twenty hours of classroom instruction in real estate	98933
finance.	98934

(G) No later than twelve months after the date of issue of a	98935
real estate salesperson license to a licensee, the licensee shall	98936
submit proof satisfactory to the superintendent, on forms made	98937
available by the superintendent, of completion, at an institution	98938
of higher education or any other institution approved by the	98939
commission, of ten hours of classroom instruction in real estate	98940
courses that cover current issues regarding consumers, real	98941
estate practice, ethics, and real estate law.	98942

If proof of completion of the required instruction is not	98943
submitted within twelve months of the date a license is issued	98944
under this section, the licensee's license is suspended	98945
automatically without the taking of any action by the	98946
superintendent. The superintendent immediately shall notify the	98947
broker with whom such salesperson is associated of the suspension	98948
of the salesperson's license. A salesperson whose license has been	98949
suspended under this division shall have twelve months after the	98950
date of the suspension of the salesperson's license to submit	98951
proof of successful completion of the instruction required under	98952
this division. No such license shall be reactivated by the	98953
superintendent until it is established, to the satisfaction of the	98954
superintendent, that the requirements of this division have been	98955
met and that the licensee is in compliance with this chapter. A	98956
licensee's license is revoked automatically without the taking of	98957
any action by the superintendent when the licensee fails to submit	98958
the required proof of completion of the education requirements	98959
under division (G) of this section within twelve months of the	98960
date the license is suspended.	98961

(H) Examinations shall be administered with reasonable	98962
accommodations in accordance with the requirements of the	98963
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42	98964
U.S.C. 12101. The contents of an examination shall be consistent	98965
with the classroom instructional requirements of division (F)(6)	98966
or (7) of this section. An applicant who has completed the	98967
classroom instructional requirements of division (F)(6) or (7) of	98968
this section at the time of application shall be examined no later	98969
than twelve months after the applicant is notified of the	98970
applicant's admission to the examination.	98971

Sec. 4735.12. (A) The real estate recovery fund is hereby	98972
created in the state treasury, to be administered by the	98973
superintendent of real estate. Amounts collected by the	98974
superintendent as prescribed in this section and interest earned	98975
on the assets of the fund shall be credited by the treasurer of	98976
state to the fund. The amount of money in the fund shall be	98977
ascertained by the superintendent as of the first day of July of	98978
each year.	98979

The commission, in accordance with rules adopted under	98980
division (A)(2)(g) of section 4735.10 of the Revised Code, shall	98981
impose a special assessment not to exceed ten dollars per year for	98982
each year of a licensing period on each licensee filing a notice	98983
of renewal under section 4735.14 of the Revised Code if the amount	98984
available in the fund is less than ~~one million~~five hundred	98985
thousand dollars on the first day of July preceding that filing.	98986
The commission may impose a special assessment not to exceed five	98987
dollars per year for each year of a licensing period if the	98988
amount available in the fund is greater than one million dollars,	98989
but less than two million dollars on the first day of July	98990
preceding that filing. The commission shall not impose a special	98991
assessment if the amount available in the fund exceeds two million	98992
dollars on the first day of July preceding that filing.	98993

(B)(1) Any person who obtains a final judgment in any court	98994
of competent jurisdiction against any broker or salesperson	98995
licensed under this chapter, on the grounds of conduct that is in	98996
violation of this chapter or the rules adopted under it, and that	98997
is associated with an act or transaction that only a licensed real	98998
estate broker or licensed real estate salesperson is authorized to	98999
perform as specified in division (A) or (C) of section 4735.01 of	99000
the Revised Code, may file a verified application, as described in	99001
division (B)(3) of this section, in ~~any~~the court of common pleas	99002
of Franklin county for an order directing payment out of the real	99003
estate recovery fund of the portion of the judgment that remains	99004
unpaid and that represents the actual and direct loss sustained by	99005
the applicant.	99006

(2) Punitive damages, attorney's fees, and interest on a	99007
judgment are not recoverable from the fund. In the discretion of	99008
the superintendent of real estate, court costs may be recovered	99009
from the fund, and, if the superintendent authorizes the recovery	99010
of court costs, the order of the court of common pleas then may	99011
direct their payment from the fund.	99012

(3) The application shall specify the nature of the act or	99013
transaction upon which the underlying judgment was based, the	99014
activities of the applicant in pursuit of remedies available under	99015
law for the collection of judgments, and the actual and direct	99016
losses, attorney's fees, and the court costs sustained or incurred	99017
by the applicant. The applicant shall attach to the application a	99018
copy of each pleading and order in the underlying court action.	99019

(4) The court shall order the superintendent to make such	99020
payments out of the fund when the person seeking the order has	99021
shown all of the following:	99022

(a) The person has obtained a judgment, as provided in this	99023
division;	99024

(b) All appeals from the judgment have been exhausted and the	99025
person has given notice to the superintendent, as required by	99026
division (C) of this section;	99027

(c) The person is not a spouse of the judgment debtor, or the	99028
personal representative of such spouse;	99029

(d) The person has diligently pursued the person's remedies	99030
against all the judgment debtors and all other persons liable to	99031
the person in the transaction for which the person seeks recovery	99032
from the fund;	99033

(e) The person is making the person's application not more	99034
than one year after termination of all proceedings, including	99035
appeals, in connection with the judgment.	99036

(5) Divisions (B)(1) to (4) of this section do not apply to	99037
any of the following:	99038

(a) Actions arising from property management accounts	99039
maintained in the name of the property owner;	99040

(b) A bonding company when it is not a principal in a real	99041
estate transaction;	99042

(c) A person in an action for the payment of a commission or	99043
fee for the performance of an act or transaction specified or	99044
comprehended in division (A) or (C) of section 4735.01 of the	99045
Revised Code;	99046

(d) Losses incurred by investors in real estate if the	99047
applicant and the licensee are principals in the investment.	99048

(C) A person who applies to a court of common pleas for an	99049
order directing payment out of the fund shall file notice of the	99050
application with the superintendent. The superintendent may defend	99051
any such action on behalf of the fund and shall have recourse to	99052
all appropriate means of defense and review, including examination	99053
of witnesses, verification of actual and direct losses, and	99054
challenges to the underlying judgment required in division	99055
(B)(4)(a) of this section to determine whether the underlying	99056
judgment is based on activity only a licensed broker or licensed	99057
salesperson is permitted to perform. The superintendent may move	99058
the court at any time to dismiss the application when it appears	99059
there are no triable issues and the application is without merit.	99060
The motion may be supported by affidavit of any person having	99061
knowledge of the facts and may be made on the basis that the	99062
application, including the judgment referred to in it, does not	99063
form the basis for a meritorious recovery claim; provided, that	99064
the superintendent shall give written notice to the applicant at	99065
least ten days before such motion. The superintendent may, subject	99066
to court approval, compromise a claim based upon the application	99067
of an aggrieved party. The superintendent shall not be bound by	99068
any prior compromise or stipulation of the judgment debtor.	99069

(D) Notwithstanding any other provision of this section, the	99070
liability of the fund shall not exceed forty thousand dollars for	99071
any one licensee. If a licensee's license is reactivated as	99072
provided in division (E) of this section, the liability of the	99073
fund for the licensee under this section shall again be forty	99074
thousand dollars, but only for transactions that occur subsequent	99075
to the time of reactivation.	99076

If the forty-thousand-dollar liability of the fund is	99077
insufficient to pay in full the valid claims of all aggrieved	99078
persons by whom claims have been filed against any one licensee,	99079
the forty thousand dollars shall be distributed among them in the	99080
ratio that their respective claims bear to the aggregate of valid	99081
claims or in such other manner as the court finds equitable.	99082
Distribution of moneys shall be among the persons entitled to	99083
share in it, without regard to the order of priority in which	99084
their respective judgments may have been obtained or their claims	99085
have been filed. Upon petition of the superintendent, the court	99086
may require all claimants and prospective claimants against one	99087
licensee to be joined in one action, to the end that the	99088
respective rights of all such claimants to the fund may be	99089
equitably adjudicated and settled.	99090

(E) If the superintendent pays from the fund any amount in	99091
settlement of a claim or toward satisfaction of a judgment against	99092
a licensed broker or salesperson, the license of the broker or	99093
salesperson shall be automatically suspended upon the date of	99094
payment from the fund. The superintendent shall not reactivate the	99095
suspended license of that broker or salesperson until the broker	99096
or salesperson has repaid in full, plus interest per annum at the	99097
rate specified in division (A) of section 1343.03 of the Revised	99098
Code, the amount paid from the fund on the broker's or	99099
salesperson's account. A discharge in bankruptcy does not relieve	99100
a person from the suspension and requirements for reactivation	99101
provided in this section unless the underlying judgment has been	99102
included in the discharge and has not been reaffirmed by the	99103
debtor.	99104

(F) If, at any time, the money deposited in the fund is	99105
insufficient to satisfy any duly authorized claim or portion of a	99106
claim, the superintendent shall, when sufficient money has been	99107
deposited in the fund, satisfy such unpaid claims or portions, in	99108
the order that such claims or portions were originally filed, plus	99109
accumulated interest per annum at the rate specified in division	99110
(A) of section 1343.03 of the Revised Code.	99111

(G) When, upon the order of the court, the superintendent has	99112
paid from the fund any sum to the judgment creditor, the	99113
superintendent shall be subrogated to all of the rights of the	99114
judgment creditor to the extent of the amount so paid, and the	99115
judgment creditor shall assign all the judgment creditor's right,	99116
title, and interest in the judgment to the superintendent to the	99117
extent of the amount so paid. Any amount and interest so recovered	99118
by the superintendent on the judgment shall be deposited in the	99119
fund.	99120

(H) Nothing contained in this section shall limit the	99121
authority of the superintendent to take disciplinary action	99122
against any licensee under other provisions of this chapter; nor	99123
shall the repayment in full of all obligations to the fund by any	99124
licensee nullify or modify the effect of any other disciplinary	99125
proceeding brought pursuant to this chapter.	99126

(I) The superintendent shall collect from the fund a service	99127
fee in an amount equivalent to the interest rate specified in	99128
division (A) of section 1343.03 of the Revised Code multiplied by	99129
the annual interest earned on the assets of the fund, to defray	99130
the expenses incurred in the administration of the fund.	99131

Sec. 4735.13. (A) The license of a real estate broker shall	99132
be prominently displayed in the office or place of business of	99133
the broker, and no license shall authorize the licensee to do	99134
business except from the location specified in it. If the broker	99135
maintains more than one place of business within the state, the	99136
broker shall apply for and procure a duplicate license for each	99137
branch office maintained by the broker. Each branch office shall	99138
be in the charge of a licensed broker or salesperson. The branch	99139
office license shall be prominently displayed at the branch	99140
office location.	99141

(B) The license of each real estate salesperson shall be	99142
mailed to and remain in the possession of the licensed broker with	99143
whom the salesperson is or is to be associated until the licensee	99144
places the license on inactive, voluntary hold, or resigned status	99145
or until the salesperson leaves the brokerage or is terminated.	99146
The broker shall keep each salesperson's license in a way that it	99147
can, and shall on request, be made immediately available for	99148
public inspection at the office or place of business of the	99149
broker. Except as provided in divisions (G) and (H) of this	99150
section, immediately upon the salesperson's leaving the	99151
association or termination of the association of a real estate	99152
salesperson with the broker, the broker shall return the	99153
salesperson's license to the superintendent of real estate.	99154

The failure of a broker to return the license of a real	99155
estate salesperson or broker who leaves or who is terminated, via	99156
certified mail return receipt requested, within three business	99157
days of the receipt of a written request from the superintendent	99158
for the return of the license, is prima-facie evidence of	99159
misconduct under division (A)(6) of section 4735.18 of the Revised	99160
Code.	99161

(C) Any licensee who is convicted of a felony or a crime	99162
involving moral turpitude or of violating any federal, state, or	99163
municipal civil rights law pertaining to discrimination in	99164
housing, or any court that issues a finding of an unlawful	99165
discriminatory practice pertaining to housing accommodations	99166
described in division (H) of section 4112.02 of the Revised Code	99167
or that convicts a licensee of a violation of any municipal civil	99168
rights law pertaining to housing discrimination, shall notify the	99169
superintendent of the conviction or finding within fifteen days.	99170
If a licensee fails to notify the superintendent within the	99171
required time, the superintendent immediately may revoke the	99172
license of the licensee.	99173

Any court that convicts a licensee of a violation of any	99174
municipal civil rights law pertaining to housing discrimination	99175
also shall notify the Ohio civil rights commission within fifteen	99176
days of the conviction.	99177

(D) In case of any change of business location, a broker	99178
shall give notice in writing to the superintendent, whereupon the	99179
superintendent shall issue new licenses for the unexpired period	99180
without charge. If a broker changes a business location without	99181
giving the required notice and without receiving new licenses	99182
that action is prima-facie evidence of misconduct under division	99183
(A)(6) of section 4735.18 of the Revised Code.	99184

(E) If a real estate broker desires to associate with another	99185
real estate broker in the capacity of a real estate salesperson,	99186
the broker shall apply to the superintendent to deposit the	99187
broker's real estate broker's license with the superintendent and	99188
for the issuance of a real estate salesperson's license. The	99189
application shall be made on a form prescribed by the	99190
superintendent and shall be accompanied by the recommendation of	99191
the real estate broker with whom the applicant intends to become	99192
associated and a fee of twenty-five dollars for the real estate	99193
salesperson's license. ~~Four dollars~~One dollar of the fee shall be	99194
credited to the real estate education and research fund. If the	99195
superintendent is satisfied that the applicant is honest,	99196
truthful, and of good reputation, has not been convicted of a	99197
felony or a crime involving moral turpitude, and has not been	99198
finally adjudged by a court to have violated any municipal, state,	99199
or federal civil rights laws relevant to the protection of	99200
purchasers or sellers of real estate, and that the association of	99201
the real estate broker and the applicant will be in the public	99202
interest, the superintendent shall grant the application and issue	99203
a real estate salesperson's license to the applicant. Any license	99204
so deposited with the superintendent shall be subject to this	99205
chapter. A broker who intends to deposit the broker's license with	99206
the superintendent, as provided in this section, shall give	99207
written notice of this fact in a format prescribed by the	99208
superintendent to all salespersons associated with the broker when	99209
applying to place the broker's license on deposit.	99210

(F) If a real estate broker desires to become a member or	99211
officer of a partnership, association, limited liability company,	99212
limited liability partnership, or corporation that is or intends	99213
to become a licensed real estate broker, the broker shall notify	99214
the superintendent of the broker's intentions. The notice of	99215
intention shall be on a form prescribed by the superintendent and	99216
shall be accompanied by a fee of twenty-five dollars. ~~Four dollars~~	99217
One dollar of the fee shall be credited to the real estate	99218
education and research fund.	99219

No real estate broker who is a member or officer of a	99220
partnership, association, limited liability company, limited	99221
liability partnership, or corporation that is a licensed real	99222
estate broker shall perform any acts as a real estate broker	99223
other than as the agent of the partnership, association, limited	99224
liability company, limited liability partnership, or corporation,	99225
and such broker shall not have any real estate salespersons	99226
associated with the broker.	99227

(G) If a real estate broker or salesperson enters the armed	99228
forces, the broker or salesperson may place the broker's or	99229
salesperson's license on deposit with the Ohio real estate	99230
commission. The licensee shall not be required to renew the	99231
license until the renewal date that follows the date of discharge	99232
from the armed forces. Any license deposited with the commission	99233
shall be subject to this chapter. Any licensee whose license is on	99234
deposit under this division and who fails to meet the continuing	99235
education requirements of section 4735.141 of the Revised Code	99236
because the licensee is in the armed forces shall satisfy the	99237
commission that the licensee has complied with the continuing	99238
education requirements within twelve months of the licensee's	99239
discharge. The commission shall notify the licensee of the	99240
licensee's obligations under section 4735.141 of the Revised Code	99241
at the time the licensee applies for reactivation of the	99242
licensee's license.	99243

(H) If a licensed real estate salesperson submits an	99244
application to the superintendent to leave the association of one	99245
broker to associate with a different broker, the broker possessing	99246
the licensee's license need not return the salesperson's license	99247
to the superintendent. The superintendent may process the	99248
application regardless of whether the licensee's license is	99249
returned to the superintendent.	99250

Sec. 4735.15. (A) The fees for reactivation or transfer of	99251
a license shall be as follows:	99252

(1) Reactivation or transfer of a broker's license into or	99253
out of a partnership, association, limited liability company,	99254
limited liability partnership, or corporation or from one	99255
partnership, association, limited liability company, limited	99256
liability partnership, or corporation to another partnership,	99257
association, limited liability company, limited liability	99258
partnership, or corporation, twenty-five dollars. An application	99259
for such transfer shall be made to the superintendent of real	99260
estate on forms provided by the superintendent.	99261

(2) Reactivation or transfer of a license by a real estate	99262
salesperson, ~~twenty~~twenty-five dollars.	99263

(B) Except as may otherwise be specified pursuant to division	99264
(F) of this section, the nonrefundable fees for a branch office	99265
license, license renewal, late filing, and foreign real estate	99266
dealer and salesperson license are as follows per year for each	99267
year of a licensing period:	99268

(1) Branch office license, ~~eight~~fifteen dollars;

99269

(2) Renewal of a real estate broker's license, ~~forty-nine~~	99270
sixty dollars. If the licensee is a partnership, association,	99271
limited liability company, limited liability partnership, or	99272
corporation, the full broker's renewal fee shall be required for	99273
each member of such partnership, association, limited liability	99274
company, limited liability partnership, or corporation that is a	99275
real estate broker. If the real estate broker has not less than	99276
eleven nor more than twenty real estate salespersons associated	99277
with the broker, an additional fee of sixty-four dollars shall be	99278
assessed to the brokerage. For every additional ten real estate	99279
salespersons or fraction of that number, the brokerage assessment	99280
fee shall be increased in the amount of thirty-seven dollars.	99281

(3) Renewal of a real estate salesperson's license,	99282
~~thirty-nine~~forty-five dollars;	99283

(4) Renewal of a real estate broker's or salesperson's	99284
license filed within twelve months after the licensee's renewal	99285
date, an additional late filing penalty of fifty per cent of the	99286
required fee;	99287

(5) Foreign real estate dealer's license and each renewal of	99288
the license, thirty dollars per salesperson employed by the	99289
dealer, but not less than one hundred fifty dollars;	99290

(6) Foreign real estate salesperson's license and each	99291
renewal of the license, fifty dollars.	99292

(C) All fees collected under this section shall be paid to	99293
the treasurer of state. ~~Four dollars~~One dollar of each such fee	99294
shall be credited to the real estate education and research fund,	99295
except that for fees that are assessed only once every three	99296
years, ~~twelve~~three dollars of each triennial fee shall be	99297
credited to the real estate education and research fund.	99298

(D) In all cases, the fee and any penalty shall accompany the	99299
application for the license, license transfer, or license	99300
reactivation or shall accompany the filing of the renewal.	99301

(E) The commission may establish by rule reasonable fees for	99302
services not otherwise established by this chapter.	99303

(F) The commission may adopt rules that provide for a	99304
reduction in the fees established in divisions (B)(2) and (3) of	99305
this section.	99306

Sec. 4736.01. As used in this chapter:

99307

(A) "Environmental health science" means the aspect of public	99308
health science that includes, but is not limited to, the following	99309
bodies of knowledge: air quality, food quality and protection,	99310
hazardous and toxic substances, consumer product safety, housing,	99311
institutional health and safety, community noise control,	99312
radiation protection, recreational facilities, solid and liquid	99313
waste management, vector control, drinking water quality, milk	99314
sanitation, and rabies control.	99315

(B) "Sanitarian" means a person who performs for compensation	99316
educational, investigational, technical, or administrative duties	99317
requiring specialized knowledge and skills in the field of	99318
environmental health science.	99319

(C) "Registered sanitarian" means a person who is registered	99320
as a sanitarian in accordance with this chapter.	99321

(D) "Sanitarian-in-training" means a person who is registered	99322
as a sanitarian-in-training in accordance with this chapter.	99323

(E) "Practice of environmental health" means consultation,	99324
instruction, investigation, inspection, or evaluation by an	99325
employee of a city health district, a general health district, the	99326
environmental protection agency, the department of health, or the	99327
department of agriculture requiring specialized knowledge,	99328
training, and experience in the field of environmental health	99329
science, with the primary purpose of improving or conducting	99330
administration or enforcement under any of the following:	99331

(1) Chapter 911., 913., 917., 3717., ~~3718.,~~ 3721., 3729., or	99332
3733. of the Revised Code;	99333

(2) Chapter 3734. of the Revised Code as it pertains to solid	99334
waste;	99335

(3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections	99336
3707.38 to 3707.99, or section 3715.21 of the Revised Code;	99337

(4) Rules adopted under section 3701.34 of the Revised Code	99338
pertaining to home sewage, rabies control, or swimming pools;	99339

~~(5) Rules adopted under section 3701.935 of the Revised Code~~	99340
~~for school health and safety network inspections and rules adopted~~	99341
~~under section 3707.26 of the Revised Code for sanitary~~	99342
~~inspections~~.	99343

"Practice of environmental health" does not include sampling,	99344
testing, controlling of vectors, reporting of observations, or	99345
other duties that do not require application of specialized	99346
knowledge and skills in environmental health science performed	99347
under the supervision of a registered sanitarian.	99348

The state board of sanitarian registration may further define	99349
environmental health science in relation to specific functions in	99350
the practice of environmental health through rules adopted by the	99351
board under Chapter 119. of the Revised Code.	99352

Sec. 4740.03. (A) The administrative section of the Ohio	99353
construction industry licensing board annually shall elect from	99354
among its members a chairperson and other officers as the board,	99355
by rule, designates. The chairperson shall preside over meetings	99356
of the administrative section or designate another member to	99357
preside in the chairperson's absence. The administrative section	99358
shall hold at least two regular meetings each year, but may meet	99359
at additional times as specified by rule, at the call of the	99360
chairperson, or upon the request of two or more members. A	99361
majority of the members of the administrative section constitutes	99362
a quorum for the transaction of all business. The administrative	99363
section may not take any action without the concurrence of at	99364
least three of its members.	99365

(B)(1) The administrative section shall employ a secretary,	99366
who is not a member of the board, to serve at the pleasure of the	99367
administrative section, and shall fix the compensation of the	99368
secretary. The secretary shall be in the unclassified civil	99369
service of the state.	99370

(2) The secretary shall do all of the following:

99371

(a) Keep or set standards for and delegate to another person	99372
the keeping of the minutes, books, and other records and files of	99373
the board and each section of the board;	99374

(b) Issue all licenses in the name of the board;

99375

(c) Send out all notices, including advance notices of	99376
meetings of the board and each section of the board, and attend to	99377
all correspondence of the board and each section of the board,	99378
under the direction of the administrative section;	99379

(d) Receive and deposit all fees payable pursuant to this	99380
chapter into the ~~industrial compliance~~labor operating fund	99381
created pursuant to section 121.084 of the Revised Code;	99382

(e) Perform all other duties incidental to the office of the	99383
secretary or properly assigned to the secretary by the	99384
administrative section of the board.	99385

(3) Before entering upon the discharge of the duties of the	99386
secretary, the secretary shall file with the treasurer of state a	99387
bond in the sum of five thousand dollars, payable to the state, to	99388
ensure the faithful performance of the secretary's duties. The	99389
board shall pay the premium of the bond in the same manner as it	99390
pays other expenditures of the board.	99391

(C) Upon the request of the administrative section of the	99392
board, the director of commerce shall supply the board and its	99393
sections with personnel, office space, and supplies, as the	99394
director determines appropriate. The administrative section of the	99395
board shall employ any additional staff it considers necessary and	99396
appropriate.	99397

(D) The chairperson of the board or the secretary, or both,	99398
as authorized by the board, shall approve all vouchers of the	99399
board.	99400

Sec. 4740.11. The Ohio construction industry licensing board	99401
and its sections shall deposit all receipts and fines collected	99402
under this chapter into the state treasury to the credit of the	99403
~~industrial compliance~~labor operating fund created in section	99404
121.084 of the Revised Code.	99405

Sec. 4740.14. (A) There is hereby created within the	99406
department of commerce the residential construction advisory	99407
committee consisting of nine persons the director of commerce	99408
appoints. Of the advisory committee's members, three shall be	99409
general contractors who have recognized ability and experience in	99410
the construction of residential buildings, two shall be building	99411
officials who have experience administering and enforcing a	99412
residential building code, one, chosen from a list of three names	99413
the Ohio fire chief's association submits, shall be from the fire	99414
service certified as a fire safety inspector who has at least ten	99415
years of experience enforcing fire or building codes, one shall be	99416
a residential contractor who has recognized ability and experience	99417
in the remodeling and construction of residential buildings, one	99418
shall be an architect registered pursuant to Chapter 4703. of the	99419
Revised Code, with recognized ability and experience in the	99420
architecture of residential buildings, and one, chosen from a	99421
list of three names the Ohio municipal league submits to the	99422
director, shall be a mayor of a municipal corporation in which	99423
the Ohio residential building code is being enforced in the	99424
municipal corporation by a certified building department.	99425

(B) The director shall make appointments to the advisory	99426
committee within ninety days after May 27, 2005.	99427

Terms of office shall be for three years, with each term	99428
ending on the date three years after the date of appointment.	99429
Each member shall hold office from the date of appointment until	99430
the end of the term for which the member was appointed. The	99431
director shall fill a vacancy in the manner provided for initial	99432
appointments. Any member appointed to fill a vacancy in an	99433
unexpired term shall hold office for the remainder of that term.	99434

99435

(1) Recommend to the board of building standards a building	99436
code for residential buildings. The committee shall recommend a	99437
code that it ~~models~~may model on a residential building code a	99438
national model code organization issues, with adaptations	99439
necessary to implement the code in this state. If the board of	99440
building standards decides not to adopt a code the committee	99441
recommends, the committee shall revise the code and resubmit it	99442
until the board adopts a code the committee recommends as the	99443
state residential building code;	99444

(2) Advise the board regarding the establishment of standards	99445
for certification of building officials who enforce the state	99446
residential building code;	99447

(3) Assist the board in providing information and guidance to	99448
residential contractors and building officials who enforce the	99449
state residential building code;	99450

(4) Advise the board regarding the interpretation of the	99451
state residential building code;	99452

(5) Provide other assistance the committee considers	99453
necessary;	99454

(6) Provide the board with a written report of the	99455
committee's findings for each consideration required by division	99456
(D) of this section.	99457

(D) ~~In making~~The committee shall not make its	99458
recommendation to the board pursuant to ~~division~~divisions	99459
(C)(1), (2), and (4) of this section,until the advisory	99460
committee ~~shall consider~~has considered all of the following:	99461

(1) The impact that the state residential building code may	99462
have upon the health, safety, and welfare of the public;	99463

(2) The economic reasonableness of the residential building	99464
code;	99465

(3) The technical feasibility of the residential building	99466
code;	99467

(4) The financial impact that the residential building code	99468
may have on the public's ability to purchase affordable housing.	99469

(E) The advisory committee may provide the board with any	99470
rule the committee recommends to update or amend the state	99471
residential building code or any rule that the committee	99472
recommends to update or amend the state residential building code	99473
after receiving a petition described in division (A)(2) of section	99474
3781.12 of the Revised Code.	99475

~~(E)~~(F) Members of the advisory committee shall receive no	99476
salary for the performance of their duties as members, but shall	99477
receive their actual and necessary expenses incurred in the	99478
performance of their duties as members of the advisory committee	99479
and shall receive a per diem for each day in attendance at an	99480
official meeting of the committee, to be paid from the ~~industrial~~	99481
~~compliance~~labor operating fund in the state treasury, using fees	99482
collected in connection with residential buildings pursuant to	99483
division (F)(2) of section 3781.102 of the Revised Code and	99484
deposited in that fund.	99485

~~(F)~~(G) The advisory committee is not subject to divisions (A)	99486
and (B) of section 101.84 of the Revised Code.	99487

Sec. 4741.41. There is hereby created the veterinarian loan	99488
repayment program. Under the program, the ~~Ohio board of regents~~	99489
state veterinary medical licensing board, by means of a contract	99490
entered into under section 4741.44 of the Revised Code, may agree	99491
to repay all or part of the principal and interest of a government	99492
or other educational loan taken out by a veterinarian for the	99493
following expenses if the expenses were incurred while the	99494
veterinarian was enrolled, for a maximum of four years, in a	99495
veterinary college in the United States that, during the time of	99496
enrollment, was approved by the ~~state veterinary medical licensing~~	99497
board or accredited by the American veterinary medical	99498
association:	99499

(A) Tuition;

99500

(B) Other educational expenses, such as fees, books, and	99501
laboratory expenses, for specific purposes and in amounts	99502
determined to be reasonable by the ~~state veterinary medical~~	99503
~~licensing~~ board;	99504

(C) Room and board, in an amount determined to be reasonable	99505
by the ~~state veterinary medical licensing~~ board.	99506

No repayment shall exceed twenty thousand dollars in any	99507
year. If, however, a repayment results in an increase in the	99508
veterinarian's federal, state, or local income tax liability, the	99509
~~Ohio board of regents~~board, at the veterinarian's request ~~and~~	99510
~~with the approval of the state veterinary medical licensing board~~,	99511
may reimburse the veterinarian for the increased tax liability	99512
regardless of the amount of the repayment made to the veterinarian	99513
in that year.	99514

Sec. 4741.44. (A) A veterinarian who has signed a letter of	99515
intent under section 4741.43 of the Revised Code,and the state	99516
veterinary medical licensing board~~, and the Ohio board of regents~~	99517
may enter into a contract for the veterinarian's participation in	99518
the veterinarian loan repayment program. A lending institution	99519
also may be a party to the contract.	99520

(B) The contract shall include all of the following	99521
obligations:	99522

(1) The veterinarian agrees to provide large animal	99523
veterinary services or to provide veterinary services necessary to	99524
implement or enforce the law or to protect public health, as	99525
applicable, in a veterinary resource shortage area identified in	99526
the letter of intent for at least two years or one year per ten	99527
thousand dollars of repayment agreed to under division (B)(3) of	99528
this section, whichever is greater.	99529

(2) When providing veterinary services in the veterinary	99530
resource shortage area, the veterinarian agrees to do both of the	99531
following:	99532

(a) Provide veterinary services for a minimum of forty hours	99533
per week;	99534

(b) Devote not less than sixty per cent of total monthly	99535
veterinary services to large animal veterinary services or	99536
veterinary services necessary to implement or enforce the law or	99537
to protect public health, as applicable.	99538

(3) The ~~Ohio board of regents~~state veterinary medical	99539
licensing board agrees, as provided in section 4741.41 of the	99540
Revised Code, to repay, so long as the veterinarian performs the	99541
service obligation agreed to under division (B)(1) of this	99542
section, all or part of the principal and interest of a government	99543
or other educational loan taken by the veterinarian for expenses	99544
described in section 4741.41 of the Revised Code.	99545

(4) The veterinarian agrees to pay the ~~Ohio board of regents~~	99546
state veterinary medical licensing board the following as damages	99547
if the veterinarian fails to complete the service obligation	99548
agreed to under division (B)(1) of this section:	99549

(a) If the failure occurs during the first two years of the	99550
service obligation, two times the total amount the board has	99551
agreed to pay under division (B)(3) of this section;	99552

(b) If the failure occurs after the first two years of the	99553
service obligation, two times the total amount the board is still	99554
obligated to repay under division (B)(3) of this section.	99555

(C) The contract may include any other terms agreed upon by	99556
the parties, including an assignment to the ~~Ohio board of regents~~	99557
state veterinary medical licensing board of the veterinarian's	99558
duty to pay the principal and interest of a government or other	99559
educational loan taken by the veterinarian for expenses described	99560
in section 4741.41 of the Revised Code. If the ~~Ohio board of~~	99561
~~regents~~state veterinary medical licensing board assumes the	99562
veterinarian's duty to pay a loan, the contract shall set forth	99563
the total amount of principal and interest to be paid, an	99564
amortization schedule, and the amount of each payment to be made	99565
under the schedule.	99566

(D) Not later than the thirty-first day of January each year,	99567
the ~~Ohio board of regents~~board shall mail to each veterinarian	99568
to whom or on whose behalf repayment is made under section	99569
4741.41 of the Revised Code a statement showing the amount of	99570
principal and interest repaid by the ~~Ohio board of regents~~board	99571
in the preceding year pursuant to the contract. The statement	99572
shall be sent by ordinary mail with address correction and	99573
forwarding requested in the manner prescribed by the United	99574
States postal service.	99575

Sec. 4741.45. The state veterinary medical licensing board,	99576
in accordance with Chapter 119. of the Revised Code, shall adopt	99577
rules that do all of the following:	99578

(A) Define "large animal veterinary services," "veterinary	99579
services necessary to implement or enforce the law," and	99580
"veterinary services necessary to protect public health";	99581

(B) Designate veterinary resource shortage areas comprised of	99582
areas in this state that have limited access to each of the	99583
following:	99584

(1) Large animal veterinary services;

99585

(2) Veterinary services necessary to implement or enforce the	99586
law;	99587

(3) Veterinary services necessary to protect public health.

99588

The designations may apply to a geographic area, one or more	99589
facilities within a particular area, or a population group of	99590
animals within a particular area.	99591

(C) Establish priorities among veterinary resource shortage	99592
areas for use in recruiting veterinarians under the veterinarian	99593
loan repayment program;	99594

(D) Establish priorities for use in determining eligibility	99595
among applicants for participation in the veterinarian loan	99596
repayment program;	99597

(E) Establish any other requirement or procedure that is	99598
necessary to implement and administer sections 4741.40 to 4741.47	99599
of the Revised Code.	99600

In adopting the rules, the board shall consult with the state	99601
veterinarian ~~and the Ohio board of regents~~.	99602

Sec. 4741.46. (A) The state veterinary medical licensing	99603
board may accept gifts of money from any source for the	99604
implementation and administration of sections 4741.40 to 4741.45	99605
of the Revised Code. The board shall deposit all gifts so accepted	99606
into the state treasury to the credit of the veterinary resource	99607
shortage area fund, which is hereby created. The board shall use	99608
the fund for the implementation and administration of sections	99609
4741.40 to 4741.45 of the Revised Code.	99610

(B) The ~~Ohio board of regents~~board may accept gifts of money	99611
from any source for the ~~implementation and administration of~~	99612
~~sections~~purposes of providing loans under the veterinarian loan	99613
repayment program created in section 4741.41 ~~and 4741.44~~ of the	99614
Revised Code. The board shall deposit all gifts so accepted	99615
together with all damages collected under division (B)(4) of	99616
section 4741.44 of the Revised Code into the state treasury to the	99617
credit of the veterinarian loan repayment fund, which is hereby	99618
created. The fund also shall consist of the portion of biennial	99619
renewal fees that is credited to the fund under section 4741.17 of	99620
the Revised Code. The board shall use the fund for the	99621
implementation and administration of the veterinarian loan	99622
repayment program ~~created in section 4741.41 of the Revised Code~~.	99623

Sec. 4751.07. (A) Every individual who holds a valid license	99624
as a nursing home administrator issued under division (A) of	99625
section 4751.06 of the Revised Code, shall immediately upon	99626
issuance thereof be registered with the board of examiners of	99627
nursing home administrators and be issued a certificate of	99628
registration. Such individual shall annually apply to the board	99629
for a new certificate of registration on forms provided for such	99630
purpose prior to the expiration of the certificate of registration	99631
and shall at the same time submit satisfactory evidence to the	99632
board of having attended such continuing education programs or	99633
courses of study as may be prescribed in rules adopted by the	99634
board.	99635

(B) Upon making an application for a new certificate of	99636
registration such individual shall pay the annual registration fee	99637
of ~~two~~three hundred ~~fifty~~ dollars.	99638

(C) Upon receipt of such application for registration and the	99639
registration fee required by divisions (A) and (B) of this	99640
section, the board shall issue a certificate of registration to	99641
such nursing home administrator.	99642

(D) The license of a nursing home administrator who fails to	99643
comply with this section shall automatically lapse.	99644

(E) A nursing home administrator who has been licensed and	99645
registered in this state who determines to temporarily abandon the	99646
practice of nursing home administration shall notify the board in	99647
writing immediately; provided, that such individual may thereafter	99648
register to resume the practice of nursing home administration	99649
within the state upon complying with the requirements of this	99650
section regarding annual registration.	99651

(F) Only an individual who has qualified as a licensed and	99652
registered nursing home administrator under Chapter 4751. of the	99653
Revised Code and the rules adopted thereunder, and who holds a	99654
valid current registration certificate pursuant to this section,	99655
may use the title "nursing home administrator," or the	99656
abbreviation "N.H.A." after the individual's name. No other person	99657
shall use such title or such abbreviation or any other words,	99658
letters, sign, card, or device tending to indicate or to imply	99659
that the person is a licensed and registered nursing home	99660
administrator.	99661

(G) Every person holding a valid license entitling the person	99662
to practice nursing home administration in this state shall	99663
display said license in the nursing home which is the person's	99664
principal place of employment, and while engaged in the practice	99665
of nursing home administration shall have at hand the current	99666
registration certificate.	99667

(H) Every person holding a valid temporary license shall have	99668
such license at hand while engaged in the practice of nursing home	99669
administration.	99670

Sec. 4755.06. The occupational therapy section of the Ohio	99671
occupational therapy, physical therapy, and athletic trainers	99672
board may make reasonable rules in accordance with Chapter 119. of	99673
the Revised Code relating to, but not limited to, the following:	99674

(A) The form and manner for filing applications for licensure	99675
under sections 4755.04 to 4755.13 of the Revised Code;	99676

(B) The issuance, suspension, and revocation of the	99677
licenses and the conducting of investigations and hearings;	99678

(C) Standards for approval of courses of study relative to	99679
the practice of occupational therapy;	99680

(D) The time and form of examination for the licensure;

99681

(E) Standards of ethical conduct in the practice of	99682
occupational therapy;	99683

(F) The form and manner for filing applications for renewal	99684
and a schedule of deadlines for renewal;	99685

(G) ~~Late fees and the~~The conditions under which a license of	99686
a licensee who files a late application for renewal will be	99687
reinstated;	99688

(H) Placing an existing license in escrow;

99689

(I) The amount, scope, and nature of continuing education	99690
activities required for license renewal, including waivers ~~and the~~	99691
~~establishment of appropriate fees to be charged for the~~	99692
~~administrative costs associated with the review~~ of the continuing	99693
education ~~activities~~requirements;	99694

(J) ~~Limited permit guidelines~~Guidelines for limited permits;

99695

(K) Requirements for criminal records checks of applicants	99696
under section 4776.03 of the Revised Code;	99697

(L) Subject to section 4755.061 of the Revised Code, the	99698
amount for each fee specified in section 4755.12 of the Revised	99699
Code that the section charges.	99700

The section may hear testimony in matters relating to the	99701
duties imposed upon it, and the chairperson and secretary of the	99702
section may administer oaths. The section may require proof,	99703
beyond the evidence found in the application, of the honesty,	99704
truthfulness, and good reputation of any person named in an	99705
application for ~~such~~ licensure, before admitting the applicant to	99706
an examination or issuing a license.	99707

Sec. 4755.061. If the occupational therapy section of the	99708
Ohio occupational therapy, physical therapy, and athletic trainers	99709
board adopts rules pursuant to section 4755.06 of the Revised Code	99710
relating to the amounts of the fees that the section may charge	99711
for the late renewal of licenses and the review of continuing	99712
education activities, as provided in divisions (A)(5) and (A)(6)	99713
of section 4755.12 of the Revised Code, the section shall not	99714
establish fee amounts for those services that exceed the actual	99715
costs the section incurs in providing the services to a licensee.	99716

Sec. 4755.12. (A) The occupational therapy section of the	99717
Ohio occupational therapy, physical therapy, and athletic trainers	99718
board ~~shall~~may charge aany or all of the following fees:	99719

(1) A nonrefundable examination fee, ~~established pursuant to~~	99720
~~section 4755.03 of the Revised Code,~~ which is to be paid at the	99721
time of application for licensure.	99722

~~The section shall charge an~~;

99723

(2) An application fee for an initial license;

99724

(3) An initial licensure fee~~, established pursuant to section~~	99725
~~4755.03 of the Revised Code.~~	99726

~~The section shall charge a~~;

99727

(4) A fee for biennial renewal ~~fee and shall charge a~~of a	99728
license;	99729

(5) A fee for late renewal of a license;

99730

(6) A fee for the review of continuing education activities;

99731

(7) A fee for a limited permit~~, established pursuant to~~	99732
~~section 4755.03 of the Revised Code~~;	99733

(8) A fee for verification of a license.

99734

(B) Any person who is qualified to practice occupational	99735
therapy as certified by the section, but who is not in the active	99736
practice, as defined by section rule, may register with the	99737
section as a nonactive licensee at a biennial fee~~, established~~	99738
~~pursuant to section 4755.03 of the Revised Code~~.	99739

(C) The section may, by rule, provide for the waiver of all	99740
or part of a fee when the license is issued less than one hundred	99741
days before the date on which it will expire.	99742

(D) Except when all or part of a fee is waived under division	99743
(C) of this section, the amount charged by the occupational	99744
therapy section for each of its fees shall be the applicable	99745
amount established in rules adopted under section 4755.06 of the	99746
Revised Code.	99747

Sec. 4757.10. The counselor, social worker, and marriage and	99748
family therapist board may adopt any rules necessary to carry out	99749
this chapter.	99750

The board shall adopt rules that do all of the following:

99751

(A) Concern intervention for and treatment of any impaired	99752
person holding a license or certificate of registration issued	99753
under this chapter;	99754

(B) Establish standards for training and experience of	99755
supervisors described in division (C) of section 4757.30 of the	99756
Revised Code;	99757

(C) Define the requirement that an applicant be of good moral	99758
character in order to be licensed or registered under this	99759
chapter;	99760

(D) Establish requirements for criminal records checks of	99761
applicants under section 4776.03 of the Revised Code;	99762

(E) Establish a graduated system of fines based on the scope	99763
and severity of violations and the history of compliance, not to	99764
exceed five hundred dollars per incident, that any professional	99765
standards committee of the board may charge for a disciplinary	99766
violation described in section 4757.36 of the Revised Code.	99767

All rules adopted under this section shall be adopted in	99768
accordance with Chapter 119. of the Revised Code. When it adopts	99769
rules under this section or any other section of this chapter, the	99770
board may consider standards established by any national	99771
association or other organization representing the interests of	99772
those involved in professional counseling, social work, or	99773
marriage and family therapy.	99774

Sec. 4757.31. (A) Subject to division (B) of this section,	99775
the counselor, social worker, and marriage and family therapist	99776
board shall establish, and may from time to time adjust, fees to	99777
be charged for the following:	99778

(1) Examination for licensure as a professional clinical	99779
counselor, professional counselor, marriage and family therapist,	99780
independent marriage and family therapist, social worker, or	99781
independent social worker;	99782

(2) Initial licenses of professional clinical counselors,	99783
professional counselors, marriage and family therapists,	99784
independent marriage and family therapists, social workers, and	99785
independent social workers, except that the board shall charge	99786
only one fee to a person who fulfills all requirements for more	99787
than one of the following initial licenses: an initial license as	99788
a social worker or independent social worker, an initial license	99789
as a professional counselor or professional clinical counselor,	99790
and an initial license as a marriage and family therapist or	99791
independent marriage and family therapist;	99792

(3) Initial certificates of registration of social work	99793
assistants;	99794

(4) Renewal and late renewal of licenses of professional	99795
clinical counselors, professional counselors, marriage and family	99796
therapists, independent marriage and family therapists, social	99797
workers, and independent social workers and renewal and late	99798
renewal of certificates of registration of social work assistants;	99799

(5) Verification, to another jurisdiction, of a license or	99800
registration issued by the board;	99801

(6) Continuing education programs offered by the board to	99802
licensees or registrants.	99803

(B) The fees charged under division (A)(1) of this section	99804
shall be established in amounts sufficient to cover the direct	99805
expenses incurred in examining applicants for licensure. The fees	99806
charged under divisions (A)(2)~~, (3), and (4)~~to (6) of this	99807
section shall be nonrefundable and shall be established in amounts	99808
sufficient to cover the necessary expenses in administering this	99809
chapter and rules adopted under it that are not covered by fees	99810
charged under division (A)(1) or (C) of this section. The renewal	99811
fee for a license or certificate of registration shall not be less	99812
than the initial fee for that license or certificate. The fees	99813
charged for licensure and registration and the renewal of	99814
licensure and registration may differ for the various types of	99815
licensure and registration, but shall not exceed one hundred	99816
twenty-five dollars each, unless the board determines that amounts	99817
in excess of one hundred twenty-five dollars are needed to cover	99818
its necessary expenses in administering this chapter and rules	99819
adopted under it and the amounts in excess of one hundred	99820
twenty-five dollars are approved by the controlling board.	99821

(C) All receipts of the board shall be deposited in the state	99822
treasury to the credit of the occupational licensing and	99823
regulatory fund. All vouchers of the board shall be approved by	99824
the chairperson or executive director of the board, or both, as	99825
authorized by the board.	99826

Sec. 4757.36. (A) The appropriate professional standards	99827
~~committees~~committee of the counselor, social worker, and marriage	99828
and family therapist board may, in accordance with Chapter 119. of	99829
the Revised Code, ~~may refuse to issue a license or certificate of~~	99830
~~registration applied for under this chapter; refuse to renew a~~	99831
~~license or certificate of registration issued under this chapter;~~	99832
~~suspend, revoke, or otherwise restrict a license or certificate of~~	99833
~~registration issued under this chapter; or reprimand a person~~	99834
~~holding a license or certificate of registration issued under this~~	99835
~~chapter. Such actions may be taken by the appropriate committee if~~	99836
~~the applicant for a license or certificate of registration or the~~	99837
~~person holding a license or certificate of registration has~~take	99838
any action specified in division (B) of this section against an	99839
individual who has applied for or holds a license to practice as a	99840
professional clinical counselor, professional counselor,	99841
independent marriage and family therapist, marriage and family	99842
therapist, social worker, or independent social worker, or a	99843
certificate of registration to practice as a social work	99844
assistant, for any reason described in division (C) of this	99845
section.	99846

(B) In its imposition of sanctions against an individual, the	99847
board may do any of the following:	99848

(1) Refuse to issue or refuse to renew a license or	99849
certificate of registration;	99850

(2) Suspend, revoke, or otherwise restrict a license or	99851
certificate of registration;	99852

(3) Reprimand an individual holding a license or certificate	99853
of registration;	99854

(4) Impose a fine in accordance with the graduated system of	99855
fines established by the board in rules adopted under section	99856
4757.10 of the Revised Code.	99857

(C) The appropriate professional standards committee of the	99858
board may take an action specified in division (B) of this section	99859
for any of the following reasons:	99860

(1) ~~Committed a violation of~~Commission of an act that	99861
violates any provision of this chapter or rules adopted under it;	99862

(2) Knowingly ~~made~~making a false statement on an application	99863
for licensure or registration, or for renewal of a license or	99864
certificate of registration;	99865

(3) ~~Accepted~~Accepting a commission or rebate for referring	99866
persons to any professionals licensed, certified, or registered by	99867
any court or board, commission, department, division, or other	99868
agency of the state, including, but not limited to, individuals	99869
practicing counseling, social work, or marriage and family therapy	99870
or practicing in fields related to counseling, social work, or	99871
marriage and family therapy;	99872

(4) ~~Failed~~A failure to comply with section 4757.12 of the	99873
Revised Code;	99874

(5) ~~Been convicted~~A conviction in this or any other state	99875
of ~~any~~a crime that is a felony in this state;	99876

(6) ~~Had the ability~~A failure to perform properly as a	99877
professional clinical counselor, professional counselor,	99878
independent marriage and family therapist, marriage and family	99879
therapist, social work assistant, social worker, or independent	99880
social worker ~~impaired~~ due to the use of alcohol or other drugs or	99881
any other physical or mental condition;	99882

(7) ~~Been convicted~~A conviction in this state or in any other	99883
state of a misdemeanor committed in the course of practice as a	99884
professional clinical counselor, professional counselor,	99885
independent marriage and family therapist, marriage and family	99886
therapist, social work assistant, social worker, or independent	99887
social worker;	99888

(8) ~~Practiced~~Practicing outside the scope of practice	99889
applicable to that person;	99890

(9) ~~Practiced without complying with~~Practicing in violation	99891
of the supervision requirements specified under sections 4757.21	99892
and 4757.26, and division ~~(F)~~(E) of section 4757.30, of the	99893
Revised Code;	99894

(10) ~~Violated~~A violation of the person's code of ethical	99895
practice adopted by rule of the board pursuant to section 4757.11	99896
of the Revised Code;	99897

(11) ~~Had~~Revocation or suspension of a license or certificate	99898
of registration ~~revoked or suspended~~, or ~~voluntarily surrendered~~	99899
the voluntary surrender of a license or certificate of	99900
registration in another state or jurisdiction for an offense that	99901
would be a violation of this chapter.	99902

~~(B)~~(D) One year or more after the date of suspension or	99903
revocation of a license or certificate of registration under this	99904
section, application may be made to the appropriate professional	99905
standards committee for reinstatement. The committee may accept or	99906
refuse an application for reinstatement. If a license has been	99907
suspended or revoked, the committee may require an examination for	99908
reinstatement.	99909

(E) On request of the board, the attorney general shall bring	99910
and prosecute to judgment a civil action to collect any fine	99911
imposed under division (B)(4) of this section that remains unpaid.	99912

(F) All fines collected under division (B)(4) of this section	99913
shall be deposited into the state treasury to the credit of the	99914
occupational licensing and regulatory fund.	99915

Sec. 4763.01. As used in this chapter:

99916

(A) "Real estate appraisal" or "appraisal" means an analysis,	99917
opinion, or conclusion relating to the nature, quality, value, or	99918
utility of specified interests in, or aspects of identified real	99919
estate that is classified as either a valuation or an analysis.	99920

(B) "Valuation" means an estimate of the value of real	99921
estate.	99922

(C) "Analysis" means a study of real estate for purposes	99923
other than valuation.	99924

(D) "Appraisal report" means a written communication of a	99925
real estate appraisal, appraisal review, or appraisal consulting	99926
service or an oral communication of a real estate appraisal	99927
~~accompanied~~, appraisal review, or appraisal consulting service	99928
that is documented by a writing that supports the oral	99929
communication.	99930

(E) "Appraisal assignment" means an engagement for which a	99931
person licensed or certified under this chapter is employed or,	99932
retained, or engaged to act, or would be perceived by third	99933
parties or the public as acting, as a disinterested third party in	99934
rendering an unbiased real estate appraisal.	99935

(F) "Specialized services" means all appraisal services,	99936
other than appraisal assignments, including, but not limited to,	99937
valuation and analysis given in connection with activities such as	99938
real estate brokerage, mortgage banking, real estate counseling,	99939
and real estate tax counseling, and specialized marketing,	99940
financing, and feasibility studies.	99941

(G) "Real estate" has the same meaning as in section 4735.01	99942
of the Revised Code.	99943

(H) "Appraisal foundation" means a nonprofit corporation	99944
incorporated under the laws of the state of Illinois on November	99945
30, 1987, for the purposes of establishing and improving uniform	99946
appraisal standards by defining, issuing, and promoting those	99947
standards; establishing appropriate criteria for the certification	99948
and recertification of qualified appraisers by defining, issuing,	99949
and promoting the qualification criteria and disseminating the	99950
qualification criteria to others; and developing or assisting in	99951
development of appropriate examinations for qualified appraisers.	99952

(I) "Prepare" means to develop and communicate, whether	99953
through a personal physical inspection or through the act or	99954
process of critically studying a report prepared by another who	99955
made the physical inspection, an appraisal, analysis, or opinion,	99956
or specialized service and to report the results. If the person	99957
who develops and communicates the appraisal or specialized service	99958
does not make the personal inspection, the name of the person who	99959
does make the personal inspection shall be identified on the	99960
appraisal or specialized service reported.	99961

(J) "Report" means any communication, written, oral, or by	99962
any other means of transmission of information, of a real estate	99963
appraisal, appraisal review, appraisal consulting service, or	99964
specialized service that is transmitted to a client or employer	99965
upon completion of the appraisal or service.	99966

(K) "State-certified general real estate appraiser" means any	99967
person who satisfies the certification requirements of this	99968
chapter relating to the appraisal of all types of real property	99969
and who holds a current and valid certificate or renewal	99970
certificate issued to the person pursuant to this chapter.	99971

(L) "State-certified residential real estate appraiser" means	99972
any person who satisfies the certification requirements only	99973
relating to the appraisal of one to four units of single-family	99974
residential real estate without regard to transaction value or	99975
complexity and who holds a current and valid certificate or	99976
renewal certificate issued to the person pursuant to this chapter.	99977

(M) "State-licensed residential real estate appraiser" means	99978
any person who satisfies the licensure requirements of this	99979
chapter relating to the appraisal of noncomplex one-to-four unit	99980
single-family residential real estate having a transaction value	99981
of less than one million dollars and complex one-to-four unit	99982
single-family residential real estate having a transaction value	99983
of less than two hundred fifty thousand dollars and who holds a	99984
current and valid license or renewal license issued to the person	99985
pursuant to this chapter.	99986

(N) "Certified or licensed real estate appraisal" means an	99987
appraisal prepared and reported by a certificate holder or	99988
licensee under this chapter acting within the scope of	99989
certification or licensure and as a disinterested third party.	99990

(O) "State-registered real estate appraiser assistant" means	99991
any person, other than a state-certified general real estate	99992
appraiser, state-certified residential real estate appraiser, or a	99993
state-licensed residential real estate appraiser, who satisfies	99994
the registration requirements of this chapter for participating in	99995
the development and preparation of real estate appraisals and who	99996
holds a current and valid registration or renewal registration	99997
issued to the person pursuant to this chapter.	99998

(P) "Institution of higher education" means a state	99999
university or college, a private college or university located in	100000
this state that possesses a certificate of authorization issued by	100001
the Ohio board of regents pursuant to Chapter 1713. of the Revised	100002
Code, or an accredited college or university located outside this	100003
state that is accredited by an accrediting organization or	100004
professional accrediting association recognized by the Ohio board	100005
of regents.	100006

(Q) "Division of real estate" may be used interchangeably	100007
with, and for all purposes has the same meaning as, "division of	100008
real estate and professional licensing."	100009

(R) "Superintendent" or "superintendent of real estate" means	100010
the superintendent of the division of real estate and professional	100011
licensing of this state. Whenever the division or superintendent	100012
of real estate is referred to or designated in any statute, rule,	100013
contract, or other document, the reference or designation shall be	100014
deemed to refer to the division or superintendent of real estate	100015
and professional licensing, as the case may be.	100016

(S) "Appraisal review" means the act or process of developing	100017
and communicating an opinion about the quality of another	100018
appraiser's work that was performed as part of an appraisal,	100019
appraisal review, or appraisal consulting assignment.	100020

(T) "Appraisal consulting" means the act or process of	100021
developing an analysis, recommendation, or opinion to solve a	100022
problem related to real estate.	100023

(U) "Work file" means documentation used during the	100024
preparation of an appraisal report or necessary to support an	100025
appraiser's analyses, opinions, or conclusions.	100026

Sec. 4763.03. (A) In addition to any other duties imposed on	100027
the real estate appraiser board under this chapter, the board	100028
shall:	100029

(1) Adopt rules, in accordance with Chapter 119. of the	100030
Revised Code, in furtherance of this chapter, including, but not	100031
limited to, all of the following:	100032

(a) Defining, with respect to state-certified general real	100033
estate appraisers, state-certified residential real estate	100034
appraisers, and state-licensed residential real estate appraisers,	100035
the type of educational experience, appraisal experience, and	100036
other equivalent experience that satisfy the requirements of this	100037
chapter. The rules shall require that all appraisal experience	100038
performed after January 1, 1996, meet the uniform standards of	100039
professional practice established by the appraisal foundation.	100040

(b) Establishing the examination specifications for	100041
state-certified general real estate appraisers, state-certified	100042
residential real estate appraisers, and state-licensed residential	100043
real estate appraisers;	100044

(c) Relating to disciplinary proceedings conducted in	100045
accordance with section 4763.11 of the Revised Code, including	100046
rules governing the reinstatement of certificates, registrations,	100047
and licenses that have been suspended pursuant to those	100048
proceedings;	100049

(d) Identifying any additional information to be included on	100050
the forms specified in division (C) of section 4763.12 of the	100051
Revised Code, provided that the rules shall not require any less	100052
information than is required in that division;	100053

(e) Establishing the fees set forth in section 4763.09 of the	100054
Revised Code;	100055

(f) Establishing the amount of the assessment required by	100056
division (A)(2) of section 4763.05 of the Revised Code. The board	100057
annually shall determine the amount due from each applicant for an	100058
initial certificate, registration, and license in an amount that	100059
will maintain the real estate appraiser recovery fund at the level	100060
specified in division (A) of section 4763.16 of the Revised Code.	100061
The board may, if the fund falls below that amount, require	100062
current certificate holders, registrants, and licensees to pay an	100063
additional assessment.	100064

(g) Defining the educational requirements pursuant to	100065
division (C) of section 4763.05 of the Revised Code;	100066

(h) Establishing a real estate appraiser assistant program	100067
for the registration of real estate appraiser assistants.	100068

(2) Prescribe by rule the requirements for the examinations	100069
required by division (D) of section 4763.05 of the Revised Code;	100070

(3) Periodically review the standards for ~~preparation and~~	100071
~~reporting of real estate appraisals~~the development and reporting	100072
of appraisal reports provided in this chapter and adopt rules	100073
explaining and interpreting those standards;	100074

(4) Hear appeals, pursuant to Chapter 119. of the Revised	100075
Code, from decisions and orders the superintendent of real estate	100076
issues pursuant to this chapter;	100077

(5) Request the initiation by the superintendent of	100078
investigations of violations of this chapter or the rules adopted	100079
pursuant thereto, as the board determines appropriate;	100080

(6) Determine the appropriate disciplinary actions to be	100081
taken against certificate holders, registrants, and licensees	100082
under this chapter as provided in section 4763.11 of the Revised	100083
Code.	100084

(B) In addition to any other duties imposed on the	100085
superintendent of real estate under this chapter, the	100086
superintendent shall:	100087

(1) Prescribe the form and content of all applications	100088
required by this chapter;	100089

(2) Receive applications for certifications, registrations,	100090
and licenses and renewal thereof under this chapter and establish	100091
the procedures for processing, approving, and disapproving those	100092
applications;	100093

(3) Retain records and all application materials submitted to	100094
the superintendent;	100095

(4) Establish the time and place for conducting the	100096
examinations required by division (D) of section 4763.05 of the	100097
Revised Code;	100098

(5) Issue certificates, registrations, and licenses and	100099
maintain a register of the names and addresses of all persons	100100
issued a certificate, registration, or license under this chapter;	100101

(6) Perform any other functions and duties, including the	100102
employment of staff, necessary to administer this chapter;	100103

(7) Administer this chapter;

100104

(8) Issue all orders necessary to implement this chapter;

100105

(9) Investigate complaints, upon the superintendent's own	100106
motion or upon receipt of a complaint or upon a request of the	100107
board, concerning any violation of this chapter or the rules	100108
adopted pursuant thereto or the conduct of any person holding a	100109
certificate, registration, or license issued pursuant to this	100110
chapter;	100111

(10) Establish and maintain an investigation and audit	100112
section to investigate complaints and conduct inspections, audits,	100113
and other inquiries as in the judgment of the superintendent are	100114
appropriate to enforce this chapter. The investigators and	100115
auditors have the right to review and audit the business records	100116
of certificate holders, registrants, and licensees during normal	100117
business hours. The superintendent may utilize the investigators	100118
and auditors employed pursuant to division (B)(4) of section	100119
4735.05 of the Revised Code or currently licensed certificate	100120
holders or licensees to assist in performing the duties of this	100121
division.	100122

(11) Appoint a referee or examiner for any proceeding	100123
involving the ~~revocation or suspension of a certificate,~~	100124
~~registration, or license under section 3123.47 or~~disciplinary	100125
action of a certificate holder, licensee, or registrant under	100126
section 4763.11 of the Revised Code;	100127

(12) Administer the real estate appraiser recovery fund;

100128

(13) Conduct the examinations required by division (D) of	100129
section 4763.05 of the Revised Code at least four times per year.	100130

100131

(1) In connection with investigations and audits under	100132
division (B) of this section, subpoena witnesses as provided in	100133
section 4763.04 of the Revised Code;	100134

(2) Apply to the appropriate court to enjoin any violation of	100135
this chapter. Upon a showing by the superintendent that any person	100136
has violated or is about to violate this chapter, the court shall	100137
grant an injunction, restraining order, or other appropriate	100138
relief, or any combination thereof.	100139

(D) All information that is obtained by investigators and	100140
auditors performing investigations or conducting inspections,	100141
audits, and other inquiries pursuant to division (B)(10) of this	100142
section, from certificate holders, registrants, licensees,	100143
complainants, or other persons, and all reports, documents, and	100144
other work products that arise from that information and that are	100145
prepared by the investigators, auditors, or other personnel of the	100146
department of commerce, shall be held in confidence by the	100147
superintendent, the investigators and auditors, and other	100148
personnel of the department.	100149

(E) This section does not prevent the division of real estate	100150
and professional licensing from releasing information relating to	100151
certificate holders, registrants, and licensees to the	100152
superintendent of financial institutions for purposes relating to	100153
the administration of sections 1322.01 to 1322.12 of the Revised	100154
Code, to the superintendent of insurance for purposes relating to	100155
the administration of Chapter 3953. of the Revised Code, to the	100156
attorney general, or to local law enforcement agencies and local	100157
prosecutors. Information released by the division pursuant to this	100158
section remains confidential.	100159

(F) Any rule the board adopts shall not exceed the	100160
requirements specified in federal law or regulations.	100161

Sec. 4763.04. The real estate appraiser board or the	100162
superintendent orof real estate may compel, by order or subpoena,	100163
the attendance of witnesses to testify in relation to any matter	100164
over which the board or the superintendent has jurisdiction and	100165
which is the subject of the inquiry and investigation by the board	100166
or superintendent, and require the production of any book, paper,	100167
or document pertaining to such matter. For such purpose, the board	100168
or the superintendent has the same power as judges of county	100169
courts to administer oaths, compel the attendance of witnesses,	100170
and punish witnesses for refusal to testify. ~~Sheriffs and~~service	100171
of the subpoena may be made by constables or by certified mail,	100172
return receipt requested, and the subpoena shall be deemed served	100173
on the date delivery is made or the date the person refuses to	100174
accept delivery. Sheriffs or constables shall ~~serve and~~ return	100175
such process and shall receive the same fees for doing so as are	100176
allowed for like service if service of the subpoena is made by	100177
sheriffs or constables. Witnesses shall receive, after their	100178
appearance before the board or the superintendent, the fees and	100179
mileage provided for under section 119.094 of the Revised Code.	100180
If two or more witnesses travel together in the same vehicle,	100181
the mileage fee shall be paid to only one of those witnesses,	100182
but the witnesses may agree to divide the fee among themselves	100183
in any manner.	100184

In addition to the powers and duties granted to the board and	100185
the superintendent under this section, in case any person fails to	100186
file any statement or report, obey any subpoena, give testimony,	100187
answer questions, or produce books, records, or papers as required	100188
by the board or the superintendent under this chapter, the court	100189
of common pleas of any county in the state, upon application made	100190
to it by the board or the superintendent setting forth the	100191
failure, may make an order awarding process of subpoena or	100192
subpoena duces tecum for the person to appear and testify before	100193
the board or the superintendent, and may order any person to give	100194
testimony and answer questions, and to produce books, records, or	100195
papers, as required by the board or the superintendent. Upon the	100196
filing of such order in the office of the clerk of the court of	100197
common pleas, the clerk, under the seal of the court, shall issue	100198
process or subpoena, and each day thereafter until the examination	100199
of the person is completed. The subpoena may contain a direction	100200
that the witness bring with the witness to the examination any	100201
books, records, or papers mentioned in the subpoena. The clerk	100202
also shall issue, under the seal of the court, such other orders,	100203
in reference to the examination, appearance, and production of	100204
books, records, or papers, as the court directs. If any person	100205
summoned by subpoena fails to obey the subpoena, to give	100206
testimony, to answer questions as required, or to obey an order of	100207
the court, the court, on motion supported by proof, may order an	100208
attachment for contempt to be issued against the person charged	100209
with disobedience of any order or injunction issued by the court	100210
under this chapter. If the person is brought before the court by	100211
virtue of the attachment, and if upon a hearing the disobedience	100212
appears, the court may order the offender to be committed and kept	100213
in close custody.	100214

Sec. 4763.05. (A)(1)(a) A person shall make application for	100215
an initial state-certified general real estate appraiser	100216
certificate, an initial state-certified residential real estate	100217
appraiser certificate, an initial state-licensed residential real	100218
estate appraiser license, or an initial state-registered real	100219
estate appraiser assistant registration in writing to the	100220
superintendent of real estate on a form the superintendent	100221
prescribes. The application shall include the address of the	100222
applicant's principal place of business and all other addresses at	100223
which the applicant currently engages in the business of preparing	100224
real estate appraisals and the address of the applicant's current	100225
residence. The superintendent shall retain the applicant's current	100226
residence address in a separate record which shall not constitute	100227
a public record for purposes of section 149.03 of the Revised	100228
Code. The application shall indicate whether the applicant seeks	100229
certification as a general real estate appraiser or as a	100230
residential real estate appraiser, licensure as a residential real	100231
estate appraiser, or registration as a real estate appraiser	100232
assistant and be accompanied by the prescribed examination and	100233
certification, registration, or licensure fees set forth in	100234
section 4763.09 of the Revised Code. The application also shall	100235
include ~~a fingerprint of the applicant;~~ a pledge, signed by the	100236
applicant, that the applicant will comply with the standards set	100237
forth in this chapter; and a statement that the applicant	100238
understands the types of misconduct for which disciplinary	100239
proceedings may be initiated against the applicant pursuant to	100240
this chapter.	100241

(b) Upon the filing of an application and payment of any	100242
examination and certification, registration, or licensure fees,	100243
the superintendent of real estate shall request the superintendent	100244
of the bureau of criminal identification and investigation, or a	100245
vendor approved by the bureau, to conduct a criminal records check	100246
based on the applicant's fingerprints in accordance with division	100247
(A)(11) of section 109.572 of the Revised Code. Notwithstanding	100248
division (K) of section 121.08 of the Revised Code, the	100249
superintendent of real estate shall request that criminal record	100250
information from the federal bureau of investigation be obtained	100251
as part of the criminal records check. Any fee required under	100252
division (C)(3) of section 109.572 of the Revised Code shall be	100253
paid by the applicant.	100254

(2) For purposes of providing funding for the real estate	100255
appraiser recovery fund established by section 4763.16 of the	100256
Revised Code, the real estate appraiser board shall levy an	100257
assessment against each person issued an initial certificate,	100258
registration, or license and against current licensees,	100259
registrants, and certificate holders, as required by board rule.	100260
The assessment is in addition to the application and examination	100261
fees for initial applicants required by division (A)(1) of this	100262
section and the renewal fees required for current certificate	100263
holders, registrants, and licensees. The superintendent of real	100264
estate shall deposit the assessment into the state treasury to the	100265
credit of the real estate appraiser recovery fund. The assessment	100266
for initial certificate holders, registrants, and licensees shall	100267
be paid prior to the issuance of a certificate, registration, or	100268
license, and for current certificate holders, registrants, and	100269
licensees, at the time of renewal.	100270

(B) An applicant for an initial general real estate appraiser	100271
certificate, residential real estate appraiser certificate, or	100272
residential real estate appraiser license shall possess	100273
experience in real estate appraisal as the board prescribes by	100274
rule. In addition to any other information required by the board,	100275
the applicant shall furnish, under oath, a detailed listing of the	100276
appraisal reports or file memoranda for each year for which	100277
experience is claimed and, upon request of the superintendent or	100278
the board, shall make available for examination a sample of the	100279
appraisal reports prepared by the applicant in the course of the	100280
applicant's practice.	100281

(C) An applicant for an initial certificate, registration, or	100282
license shall be at least eighteen years of age, honest, truthful,	100283
and of good reputation and shall present satisfactory evidence to	100284
the superintendent that the applicant has successfully completed	100285
any education requirements the board prescribes by rule.	100286

(D) An applicant for an initial general real estate appraiser	100287
or residential real estate appraiser certificate or residential	100288
real estate appraiser license shall take and successfully complete	100289
a written examination in order to qualify for the certificate or	100290
license.	100291

The board shall prescribe the examination requirements by	100292
rule.	100293

(E)(1) A nonresident, natural person of this state who has	100294
complied with this section may obtain a certificate, registration,	100295
or license. The board shall adopt rules relating to the	100296
certification, registration, and licensure of a nonresident	100297
applicant whose state of residence the board determines to have	100298
certification, registration, or licensure requirements that are	100299
substantially similar to those set forth in this chapter and the	100300
rules adopted thereunder.	100301

(2) The board shall recognize on a temporary basis a	100302
certification or license issued in another state and shall	100303
register on a temporary basis an appraiser who is certified or	100304
licensed in another state if all of the following apply:	100305

(a) The temporary registration is to perform an appraisal	100306
assignment that is part of a federally related transaction.	100307

(b) The appraiser's business in this state is of a temporary	100308
nature.	100309

(c) The appraiser registers with the board pursuant to this	100310
division.	100311

An appraiser who is certified or licensed in another state	100312
shall register with the board for temporary practice before	100313
performing an appraisal assignment in this state in connection	100314
with a federally related transaction.	100315

The board shall adopt rules relating to registration for the	100316
temporary recognition of certification and licensure of appraisers	100317
from another state. The registration for temporary recognition of	100318
certified or licensed appraisers from another state shall not	100319
authorize completion of more than one appraisal assignment in this	100320
state. The board shall not issue more than two registrations for	100321
temporary practice to any one applicant in any calendar year.	100322

(3) In addition to any other information required to be	100323
submitted with the nonresident applicant's or appraiser's	100324
application for a certificate, registration, license, or temporary	100325
recognition of a certificate or license, each nonresident	100326
applicant or appraiser shall submit a statement consenting to the	100327
service of process upon the nonresident applicant or appraiser by	100328
means of delivering that process to the secretary of state if, in	100329
an action against the applicant, certificate holder, registrant,	100330
or licensee arising from the applicant's, certificate holder's,	100331
registrant's, or licensee's activities as a certificate holder,	100332
registrant, or licensee, the plaintiff, in the exercise of due	100333
diligence, cannot effect personal service upon the applicant,	100334
certificate holder, registrant, or licensee.	100335

(F) The superintendent shall not issue a certificate,	100336
registration, or license to, or recognize on a temporary basis an	100337
appraiser from another state that is a corporation, partnership,	100338
or association. This prohibition shall not be construed to prevent	100339
a certificate holder or licensee from signing an appraisal report	100340
on behalf of a corporation, partnership, or association.	100341

(G) Every person licensed, registered, or certified under	100342
this chapter shall notify the superintendent, on a form provided	100343
by the superintendent, of a change in the address of the	100344
licensee's, registrant's, or certificate holder's principal place	100345
of business or residence within thirty days of the change. If a	100346
licensee's, registrant's, or certificate holder's license,	100347
registration, or certificate is revoked or not renewed, the	100348
licensee, registrant, or certificate holder immediately shall	100349
return the annual and any renewal certificate, registration, or	100350
license to the superintendent.	100351

(H)(1) The superintendent shall not issue a certificate,	100352
registration, or license to any person, or recognize on a	100353
temporary basis an appraiser from another state, who does not meet	100354
applicable minimum criteria for state certification, registration,	100355
or licensure prescribed by federal law or rule.	100356

(2) The superintendent shall not issue a general real estate	100357
appraiser certificate, residential real estate appraiser	100358
certificate, residential real estate appraiser license, or real	100359
estate appraiser assistant registration to any person who has been	100360
convicted of or pleaded guilty to any criminal offense involving	100361
theft, receiving stolen property, embezzlement, forgery, fraud,	100362
passing bad checks, money laundering, or drug trafficking, or any	100363
criminal offense involving money or securities, including a	100364
violation of an existing or former law of this state, any other	100365
state, or the United States that substantially is equivalent to	100366
such an offense. However, if the applicant has pleaded guilty to	100367
or been convicted of such an offense, the superintendent shall not	100368
consider the offense if the applicant has proven to the	100369
superintendent, by a preponderance of the evidence, that the	100370
applicant's activities and employment record since the conviction	100371
show that the applicant is honest, truthful, and of good	100372
reputation, and there is no basis in fact for believing that the	100373
applicant will commit such an offense again.	100374

Sec. 4763.06. (A) A person licensed, registered, or	100375
certified under this chapter may obtain a renewal certificate,	100376
registration, or license by filing a renewal application with and	100377
paying the renewal fee set forth in section 4763.09 of the Revised	100378
Code and any amount assessed pursuant to division (A)(2) of	100379
section 4763.05 of the Revised Code to the superintendent of real	100380
estate. The renewal application shall include a statement, signed	100381
by the certificate holder, registrant, or licensee, that the	100382
certificate holder, registrant, or licensee has not, during the	100383
immediately preceding twelve-month period, been convicted of or	100384
pleaded guilty to any criminal offense described in division	100385
(H)(2) of section 4763.05 of the Revised Code. The certificate	100386
holder, registrant, or licensee shall file the renewal application	100387
at least thirty days, but no earlier than one hundred twenty days,	100388
prior to expiration of the certificate holder's, registrant's, or	100389
licensee's current certificate, registration, or license.	100390

(B) A certificate holder, registrant, or licensee who fails	100391
to renew a certificate, registration, or license prior to its	100392
expiration is ineligible to obtain a renewal certificate,	100393
registration, or license and shall comply with section 4763.05 of	100394
the Revised Code in order to regain certification, registration,	100395
or licensure, except that a certificate holder, registrant, or	100396
licensee may~~, within three months after the expiration of the~~	100397
~~certificate holder's, registrant's, or licensee's certificate,~~	100398
~~registration, or license,~~ renew the certificate, registration, or	100399
license without having to comply with section 4763.05 of the	100400
Revised Code by ~~payment~~doing either of the following:	100401

(1) Filing a renewal application and submitting payment of	100402
all fees for renewal and payment of the late filing fee set forth	100403
in section 4763.09 of the Revised Code within three months after	100404
the expiration of the certificate holder's, registrant's, or	100405
licensee's certificate, registration, or license;	100406

(2) Obtaining a medical exception under division (C) of this	100407
section, filing a renewal application, and submitting payment of	100408
all fees for renewal and payment of the late filing fee set forth	100409
in section 4763.09 of the Revised Code. A certificate holder,	100410
registrant, or licensee who applies for late renewal of the	100411
certificate holder's, registrant's, or licensee's certificate,	100412
registration, or license may not engage in ~~all~~any activities	100413
permitted by the certification, registration, or license being	100414
renewed ~~for~~during the three-month period following the	100415
certificate's, registration's, or license's normal expiration	100416
date,or during the time period for which a medical exception	100417
applies, until all renewal fees and the late filing fee have been	100418
paid.	100419

(C) The superintendent may grant a medical exception upon	100420
application by a person certified, registered, or licensed under	100421
this chapter. To receive an exception, the certificate holder,	100422
registrant, or licensee shall submit a request to the	100423
superintendent with proof satisfactory that a medical exception is	100424
warranted. If the superintendent makes a determination that	100425
satisfactory proof has not been presented, within fifteen days of	100426
the date of the denial of the medical exception the certificate	100427
holder, registrant, or licensee may file with the division of real	100428
estate a request that the real estate appraiser board review the	100429
determination. The board may adopt reasonable rules in accordance	100430
with Chapter 119. of the Revised Code to implement this division.	100431

Sec. 4763.07. (A) Every state-certified general real estate	100432
appraiser, state-certified residential real estate appraiser,and	100433
state-licensed residential real estate appraiser~~, and~~	100434
~~state-registered real estate appraiser assistant~~ shall submit	100435
proof of successfully completing a minimum of fourteen classroom	100436
hours of continuing education instruction in courses or seminars	100437
approved by the real estate appraiser board. The certificate	100438
holder and licensee shall have satisfied the fourteen-hour	100439
continuing education requirements within the one-year period	100440
immediately following the issuance of the initial certificate or	100441
license and shall satisfy those requirements annually thereafter.	100442
A state-registered real estate appraiser assistant who remains in	100443
this classification for more than two years shall satisfy in the	100444
third and successive years this section's requirements.~~If the~~A	100445
certificate holder or, licensee, or registrant who fails to submit	100446
proof to the superintendent of meeting these requirements~~, the~~	100447
~~certificate holder's, registrant's, or licensee's certificate or~~	100448
~~license automatically is suspended. The superintendent shall~~	100449
~~notify the certificate holder or licensee of the suspension and if~~	100450
~~the certificate holder or licensee fails to submit proof to the~~	100451
~~superintendent of meeting those requirements within three months~~	100452
~~from the date of suspension, the superintendent shall revoke the~~	100453
~~certificate or license. If a certificate holder or licensee whose~~	100454
~~certificate or license has been revoked under this division~~	100455
~~desires to be certified or licensed under this chapter the~~	100456
~~certificate holder or licensee shall apply for an initial~~	100457
~~certificate or license and shall meet all of the requirements of~~	100458
~~section 4763.05 of the Revised Code for the issuance of a~~	100459
~~certificate or license~~is ineligible to obtain a renewal	100460
certificate, license, or registration and shall comply with	100461
section 4763.05 of the Revised Code in order to regain a	100462
certificate, license, or registration, except that the certificate	100463
holder, licensee, or registrant may submit proof to the	100464
superintendent of meeting these requirements within three months	100465
after the date of expiration of the certificate, license, or	100466
registration, or by obtaining a medical exception under division	100467
(E) of this section, without having to comply with section 4763.05	100468
of the Revised Code. A certificate holder, licensee, or registrant	100469
may not engage in any activities permitted by the certificate,	100470
license, or registration during the three-month period following	100471
the certificate's, license's, or registration's normal expiration	100472
date or during the time period for which a medical exception	100473
applies.	100474

A certificate holder ~~and~~, licensee, or registrant may satisfy	100475
all or a portion of the required hours of classroom instruction in	100476
the following manner:	100477

(1) Completion of an educational program of study determined	100478
by the board to be equivalent, for continuing education purposes,	100479
to courses or seminars approved by the board;	100480

(2) Participation, other than as a student, in educational	100481
processes or programs approved by the board that relate to real	100482
estate appraisal theory, practices, or techniques.	100483

A certificate holder ~~and a~~, licensee, or registrant shall	100484
present to the superintendent of real estate evidence of the	100485
manner in which the certificate holder ~~and~~, licensee, or	100486
registrant satisfied the requirements of division (A) of this	100487
section.	100488

(B) The board shall adopt rules for implementing a continuing	100489
education program for state-certified general real estate	100490
appraisers, state-certified residential real estate appraisers,	100491
state-licensed residential real estate appraisers, and	100492
state-registered real estate appraiser assistants for the purpose	100493
of assuring that certificate holders ~~and~~, licensees, and	100494
registrants have current knowledge of real estate appraisal	100495
theories, practices, and techniques that will provide a high	100496
degree of service and protection to members of the public. In	100497
addition to any other provisions the board considers appropriate,	100498
the rules adopted by the board shall prescribe the following:	100499

(1) Policies and procedures for obtaining board approval of	100500
courses of instruction and seminars;	100501

(2) Standards, policies, and procedures to be applied in	100502
evaluating the alternative methods of complying with continuing	100503
education requirements set forth in divisions (A)(1) and (2) of	100504
this section;	100505

(3) Standards, monitoring methods, and systems for recording	100506
attendance to be employed by course sponsors as a prerequisite to	100507
approval of courses for continuing education credit.	100508

(C) No amendment or rescission of a rule the board adopts	100509
pursuant to division (B) of this section shall operate to deprive	100510
a certificate holder or licensee of credit toward renewal of	100511
certification or licensure for any course of instruction completed	100512
by the certificate holder or licensee prior to the effective date	100513
of the amendment or rescission that would have qualified for	100514
credit under the rule as it existed prior to amendment or	100515
rescission.	100516

(D) The superintendent of real estate shall not issue a	100517
renewal certificate, registration, or license to any person who	100518
does not meet applicable minimum criteria for state certification,	100519
registration, or licensure prescribed by federal law or rule.	100520

(E) The superintendent may grant a medical exception upon	100521
application by a person certified, registered, or licensed under	100522
this chapter. To receive an exception, the certificate holder,	100523
registrant, or licensee shall submit a request to the	100524
superintendent with proof satisfactory that a medical exception is	100525
warranted. If the superintendent makes a determination that	100526
satisfactory proof has not been presented, within fifteen days of	100527
the date of the denial of the medical exception, the certificate	100528
holder, registrant, or licensee may file with the division of real	100529
estate a request that the real estate appraiser board review the	100530
determination. The board may adopt reasonable rules in accordance	100531
with Chapter 119. of the Revised Code to implement this division.	100532

Sec. 4763.09. (A) The real estate appraiser board shall	100533
adopt rules, in accordance with Chapter 119. of the Revised Code,	100534
for the establishment of the following fees:	100535

(1) The examination fee required under division (A) of	100536
section 4763.05 of the Revised Code, up to a maximum of one	100537
hundred fifty dollars, which fee shall be nonrefundable;	100538

(2) The initial state-certified general real estate appraiser	100539
and state-certified residential real estate appraiser	100540
certification and state-licensed residential real estate appraiser	100541
license fees, and the annual renewal thereof, up to a maximum of	100542
one hundred ~~twenty-five~~seventy-five dollars each;	100543

(3) The initial real estate appraiser assistant registration	100544
fee, and the annual renewal thereof, up to a maximum of ~~fifty~~one	100545
hundred dollars;	100546

(4) The late filing fee for renewal of a certification,	100547
registration, or license, which shall be one-half of the	100548
certification, registration, and licensure fees established	100549
pursuant to divisions (A)(2) and (3) of this section;	100550

(5) The amount to be charged to cover the cost of the	100551
issuance of a temporary certificate or license under division	100552
(E)(2) of section 4763.05 of the Revised Code;	100553

(6) Other reasonable fees as needed, including any annual	100554
pass-through charges imposed by the federal government.	100555

(B) An applicant for certification or licensure under this	100556
chapter shall pay the examination fee directly to a testing	100557
service if so prescribed and in such amount as the superintendent	100558
of real estate prescribes. The balance, if any, of the examination	100559
fee shall accompany the application.	100560

Sec. 4763.11. (A) Within ~~five~~ten business days after a	100561
person files a ~~signed~~ written complaint against a person	100562
certified, registered, or licensed under this chapter with the	100563
division of real estate, the superintendent of real estate shall	100564
acknowledge receipt of the complaint ~~or request and send a~~by	100565
sending notice to the certificate holder, registrant, or licensee	100566
~~describing the acts of which there is a~~that includes a copy of	100567
the complaint. The acknowledgement to the complainant and the	100568
notice to the certificate holder, registrant, or licensee ~~shall~~	100569
may state that an informal mediation meeting will be held with the	100570
complainant, the certificate holder, registrant, or licensee, and	100571
an investigator from the investigation and audit section of the	100572
division, if the complainant and certificate holder, registrant,	100573
or licensee both file a request for such a meeting within ~~ten~~	100574
~~business~~twenty calendar days ~~thereafter on a form the~~	100575
~~superintendent provides~~after the acknowledgment and notice are	100576
mailed.	100577

(B) If the complainant and certificate holder, registrant, or	100578
licensee both file with the division requests for an informal	100579
mediation meeting, the superintendent shall notify the complainant	100580
and certificate holder, registrant, or licensee of the date of the	100581
meeting, ~~which shall be within twenty business days thereafter,~~	100582
~~except that the complainant, certificate holder, registrant, or~~	100583
~~licensee may request an extension of up to fifteen business days~~	100584
~~for good cause shown~~by regular mail. If the complainant and	100585
certificate holder, registrant, or licensee reach an accommodation	100586
at an informal mediation meeting, the investigator shall so report	100587
the accommodation to the superintendent ~~and to~~, the complainant,	100588
and the certificate holder, registrant, or licensee and the	100589
complaint file shall be closed~~, unless, based upon the~~	100590
~~investigator's report, the superintendent finds evidence that the~~	100591
~~certificate holder, registrant, or licensee has violated division~~	100592
~~(G) of this section~~upon the superintendent receiving satisfactory	100593
notice that the accommodation has been fulfilled.	100594

(C) If the complainant and certificate holder, registrant, or	100595
licensee fail to agree to an informal mediation meeting or fail to	100596
reach an accommodation~~, or if the superintendent finds evidence of~~	100597
~~a violation of division (G) of this section pursuant to an~~	100598
~~investigation conducted pursuant to division (B)(9) of section~~	100599
~~4763.03 of the Revised Code~~agreement, or fail to fulfill an	100600
accommodation agreement, the superintendent shall~~, within five~~	100601
~~business days of such determination, notify the complainant and~~	100602
~~certificate holder, registrant, or licensee and investigate~~assign	100603
the complaint to an investigator for an investigation into the	100604
conduct of the certificate holder, registrant, or licensee against	100605
whom the complaint is filed.	100606

(D) ~~Within sixty business days after receipt of the~~	100607
~~complaint, or, if an informal meeting is held, within sixty days~~	100608
~~after such meeting~~Upon the conclusion of the investigation, the	100609
investigator shall file a written report of the results of the	100610
investigation with the superintendent. ~~Within ten business days~~	100611
~~thereafter, the~~The superintendent shall review the report and	100612
determine whether there exists reasonable and substantial evidence	100613
of a violation of division (G) of this section by the certificate	100614
holder, registrant, or licensee. If the superintendent finds such	100615
evidence exists, ~~within five business days of that determination,~~	100616
the superintendent shall notify the complainant and certificate	100617
holder, registrant, or licensee of the determination. The	100618
certificate holder, registrant, or licensee may request a hearing	100619
pursuant to Chapter 119. of the Revised Code. If a formal hearing	100620
is conducted, the hearing examiner shall file a report of findings	100621
of fact and conclusions of law with the superintendent, the board,	100622
the complainant and the certificate holder, licensee, or	100623
registrant after the conclusion of the formal hearing. Within ten	100624
calendar days of receipt of the copy of the hearing examiner's	100625
finding of fact and conclusions of law, the certificate holder,	100626
licensee, or registrant or the division may file with the board	100627
written objections to the hearing examiner's report, which shall	100628
be considered by the board before approving, modifying, or	100629
rejecting the hearing examiner's report. If the superintendent	100630
finds that such evidence does not exist, ~~within five business days~~	100631
~~thereafter,~~ the superintendent shall notify the complainant and	100632
certificate holder, registrant, or licensee of that determination	100633
and the basis for the determination. Within fifteen business days	100634
after the superintendent notifies the complainant and certificate	100635
holder, registrant, or licensee that such evidence does not exist,	100636
the complainant may file with the division a request that the real	100637
estate appraiser board review the determination. If the	100638
complainant files such request, the board shall review the	100639
determination at the next regularly scheduled meeting held at	100640
least fifteen business days after the request is filed but no	100641
longer than six months after the request is filed. The board may	100642
hear the testimony of the complainant, certificate holder,	100643
registrant, or licensee at the meeting upon the request of that	100644
party. If the board affirms the determination of the	100645
superintendent, the superintendent shall notify the complainant	100646
and the certificate holder, registrant, or licensee within five	100647
business days thereafter. If the board reverses the determination	100648
of the superintendent, a hearing before a hearing examiner shall	100649
be held and the complainant and certificate holder, registrant, or	100650
licensee notified as provided in this division.	100651

(E) The board shall review the referee's or hearing	100652
examiner's report and the evidence at the next regularly scheduled	100653
board meeting held at least fifteen business days after receipt of	100654
the referee's or examiner's report. The board may hear the	100655
testimony of the complainant, certificate holder, registrant, or	100656
licensee upon request. If the complainant is the Ohio civil	100657
rights commission, the board shall review the complaint	100658

(F) If the board determines that a licensee, registrant, or	100659
certificate holder has violated this chapter for which	100660
disciplinary action may be taken under division (G) of this	100661
section, after review of the referee's or examiner's report and	100662
the evidence as provided in division (E) of this section, the	100663
board shall order the disciplinary action the board considers	100664
appropriate, which may include, but is not limited to, any of the	100665
following:	100666

(1) Reprimand of the certificate holder, registrant, or	100667
licensee;	100668

(2) Imposition of a fine, not exceeding, two thousand five	100669
hundred dollars per violation;	100670

(3) Requirement of the completion of additional education	100671
courses. Any course work imposed pursuant to this section shall	100672
not count toward continuing education requirements or prelicense	100673
or precertification requirements set forth in section 4763.05 of	100674
the Revised Code.	100675

(4) Suspension of the certificate, registration, or license	100676
for a specific period of time;	100677

~~(3) Suspension of the certificate, registration, or license~~	100678
~~until the certificate holder, registrant, or licensee complies~~	100679
~~with conditions the board sets, including but not limited to,~~	100680
~~successful completion of the real estate appraiser examination~~	100681
~~described in division (D) of section 4763.05 of the Revised Code~~	100682
~~or completion of a specific number of hours of continuing~~	100683
~~education instruction in courses or seminars approved by the~~	100684
~~board;~~	100685

~~(4)~~(5) Revocation of the certificate, registration, or	100686
license.	100687

The decision and order of the board is final, subject to	100688
review in the manner provided for in Chapter 119. of the Revised	100689
Code and appeal to any court of common pleas.	100690

(G) The board shall take any disciplinary action authorized	100691
by this section against a certificate holder, registrant, or	100692
licensee who is found to have committed any of the following acts,	100693
omissions, or violations during the appraiser's certification,	100694
registration, or licensure:	100695

(1) Procuring or attempting to procure a certificate,	100696
registration, or license pursuant to this chapter by knowingly	100697
making a false statement, submitting false information, refusing	100698
to provide complete information in response to a question in an	100699
application for certification, registration, or licensure, or by	100700
any means of fraud or misrepresentation;	100701

(2) Paying, or attempting to pay, anything of value, other	100702
than the fees or assessments required by this chapter, to any	100703
member or employee of the board for the purpose of procuring a	100704
certificate, registration, or license;	100705

(3) Being convicted in a criminal proceeding for a felony or	100706
a crime involving moral turpitude;	100707

(4) Dishonesty, fraud, or misrepresentation, with the intent	100708
to either benefit the certificate holder, registrant, or licensee	100709
or another person or injure another person;	100710

(5) Violation of any of the standards for the development or,	100711
preparation, communication, or reporting of ~~real estate appraisals~~	100712
an appraisal report set forth in this chapter and rules of the	100713
board;	100714

(6) Failure or refusal to exercise reasonable diligence in	100715
developing ~~an appraisal~~, preparing, or communicating an appraisal	100716
report~~, or communicating an appraisal~~;	100717

(7) Negligence or incompetence in developing ~~an appraisal~~, in	100718
preparing, communicating, or reporting an appraisal report~~, or in~~	100719
~~communicating an appraisal~~;	100720

(8) ~~Willfully~~Violating or willfully disregarding or	100721
~~violating this~~ chapter or the rules adopted thereunder;	100722

(9) Accepting an appraisal assignment where the employment is	100723
contingent upon the appraiser preparing or reporting a	100724
predetermined estimate, analysis, or opinion, or where the fee to	100725
be paid for the appraisal is contingent upon the opinion,	100726
conclusion, or valuation attained or upon the consequences	100727
resulting from the appraisal assignment;	100728

(10) Violating the confidential nature of governmental	100729
records to which the certificate holder, registrant, or licensee	100730
gained access through employment or engagement as an appraiser by	100731
a governmental agency;	100732

(11) Entry of final judgment against the certificate holder,	100733
registrant, or licensee on the grounds of fraud, deceit,	100734
misrepresentation, or gross negligence in the making of any	100735
appraisal of real estate;	100736

(12) Violating any federal or state civil rights law;

100737

(13) Having published advertising, whether printed, radio,	100738
display, or of any other nature, which was misleading or	100739
inaccurate in any material particular, or in any way having	100740
misrepresented any appraisal or specialized service;	100741

(14) Failing to provide copies of records to the	100742
superintendent or failing to maintain records ~~for five years~~ as	100743
required by section 4763.14 of the Revised Code. Failure of a	100744
certificate holder, licensee, or registrant to comply with a	100745
subpoena issued under division (C)(1) of section 4763.03 of the	100746
Revised Code is prima-facie evidence of a violation of division	100747
(G)(14) of section 4763.11 of the Revised Code.	100748

(15) Failing to provide notice to the board as required in	100749
division (I) of this section.	100750

(H) The board immediately shall notify the superintendent of	100751
real estate of any disciplinary action taken under this section	100752
against a certificate holder, registrant, or licensee who also is	100753
licensed under Chapter 4735. of the Revised Code, and also shall	100754
notify any other federal, state, or local agency and any other	100755
public or private association that the board determines is	100756
responsible for licensing or otherwise regulating the professional	100757
or business activity of the appraiser. Additionally, the board	100758
shall notify the complainant and any other party who may have	100759
suffered financial loss because of the certificate holder's,	100760
registrant's, or licensee's violations, that the complainant or	100761
other party may sue for recovery under section 4763.16 of the	100762
Revised Code. The notice provided under this division shall	100763
specify the conduct for which the certificate holder, registrant,	100764
or licensee was disciplined and the disciplinary action taken by	100765
the board and the result of that conduct.	100766

(I) A certificate holder, registrant, or licensee shall	100767
notify the board ~~of the existence of a criminal conviction of the~~	100768
~~type~~within fifteen days of the agency's issuance of an order	100769
revoking or permanently surrendering any professional license,	100770
certificate, or registration by any public entity other than the	100771
division of real estate. A certificate holder, registrant, or	100772
licensee who is convicted of a felony or crime of moral turpitude	100773
as described in division (G)(3) of this section shall notify the	100774
board of the conviction within fifteen days of the conviction.	100775

(J) If the board determines that a certificate holder,	100776
registrant, or licensee has violated this chapter for which	100777
disciplinary action may be taken under division (G) of this	100778
section as a result of an investigation conducted by the	100779
superintendent upon the superintendent's own motion or upon the	100780
request of the board, the superintendent shall notify the	100781
certificate holder, registrant, or licensee of the certificate	100782
holder's, registrant's, or licensee's right to a hearing pursuant	100783
to Chapter 119. of the Revised Code and to an appeal of a final	100784
determination of such administrative proceedings to any court of	100785
common pleas.	100786

(K) All notices, written reports, and determinations issued	100787
pursuant to this section shall be mailed via certified mail,	100788
return receipt requested. If the certified notice is returned	100789
because of failure of delivery or was unclaimed, the notice,	100790
written reports, or determinations are deemed served if the	100791
superintendent sends the notice, written reports, or determination	100792
via regular mail and obtains a certificate of mailing of the	100793
notice, written reports, or determination. Refusal of delivery by	100794
personal service or by mail is not failure of delivery and service	100795
is deemed to be complete.	100796

Sec. 4763.13. (A) In engaging in appraisal activities, a	100797
person certified, registered, or licensed under this chapter shall	100798
comply with the applicable standards prescribed by the board of	100799
governors of the federal reserve system, the federal deposit	100800
insurance corporation, the comptroller of the currency, the office	100801
of thrift supervision, the national credit union administration,	100802
and the resolution trust corporation in connection with federally	100803
related transactions under the jurisdiction of the applicable	100804
agency or instrumentality. A certificate holder, registrant, and	100805
licensee also shall comply with the uniform standards of	100806
professional appraisal practice, as adopted by the appraisal	100807
standards board of the appraisal foundation and such other	100808
standards adopted by the real estate appraiser board, to the	100809
extent that those standards do not conflict with applicable	100810
federal standards in connection with a particular federally	100811
related transaction.	100812

(B) The terms "state-licensed residential real estate	100813
appraiser," "state-certified residential real estate appraiser,"	100814
"state-certified general real estate appraiser," and	100815
"state-registered real estate appraiser assistant" shall be used	100816
to refer only to those persons who have been issued the applicable	100817
certificate, registration, or license or renewal certificate,	100818
registration, or license pursuant to this chapter. None of these	100819
terms shall be used following or in connection with the name or	100820
signature of a partnership, corporation, or association or in a	100821
manner that could be interpreted as referring to a person other	100822
than the person to whom the certificate, registration, or license	100823
has been issued. No person shall fail to comply with this	100824
division.	100825

(C) No person, other than a certificate holder, a registrant,	100826
or a licensee, shall assume or use a title, designation, or	100827
abbreviation that is likely to create the impression that the	100828
person possesses certification, registration, or licensure under	100829
this chapter, provided that professional designations containing	100830
the term "certified appraiser" and being used on or before July	100831
26, 1989, shall not be construed as being misleading under this	100832
division. No person other than a person certified or licensed	100833
under this chapter shall describe or refer to an appraisal or	100834
other evaluation of real estate located in this state as being	100835
certified.	100836

(D) The terms "state-certified or state-licensed real estate	100837
appraisal report," "state-certified or state-licensed appraisal	100838
report," or "state-certified or state-licensed appraisal" shall be	100839
used to refer only to those real estate appraisals conducted by a	100840
certificate holder or licensee as a disinterested and unbiased	100841
third party provided that the certificate holder or licensee	100842
provides certification with the appraisal and provided further	100843
that if a licensee is providing the appraisal, such terms shall	100844
only be used if the licensee is acting within the scope of the	100845
licensee's license. No person shall fail to comply with this	100846
division.	100847

(E) Nothing in this chapter shall preclude a partnership,	100848
corporation, or association which employs or, retains, or engages	100849
the services of a certificate holder or licensee to advertise that	100850
the partnership, corporation, or association offers	100851
state-certified or state-licensed appraisals through a	100852
certificate holder or licensee if the advertisement clearly	100853
states such fact in accordance with guidelines for such	100854
advertisements established by rule of the real estate appraiser	100855
board.	100856

(F) Except as otherwise provided in section 4763.19 of the	100857
Revised Code, nothing in this chapter shall preclude a person who	100858
is not licensed or certified under this chapter from appraising	100859
real estate for compensation.	100860

Sec. 4763.14. A person licensed, registered, or certified	100861
under this chapter shall retain for a period of five years the	100862
original or a true copy of each written contract for the person's	100863
services relating to real estate appraisal work ~~and~~, all appraisal	100864
reports, and all work file documentation and ~~supporting~~ data	100865
assembled ~~and formulated by the person~~ in preparing those reports.	100866
The retention period begins on the date the appraisal is submitted	100867
to the client unless, prior to expiration of the retention period,	100868
the certificate holder, registrant, or licensee is notified that	100869
the appraisal or report is the subject of or is otherwise involved	100870
in pending litigation, in which case the retention period begins	100871
on the date of final disposition of the litigation.	100872

A certificate holder, registrant, and a licensee shall make	100873
available all records required to be maintained under this section	100874
for inspection and copying by the superintendent of real estate or	100875
the real estate appraiser board, or both, upon reasonable notice	100876
to the certificate holder, registrant, or licensee.	100877

Sec. 4763.17. Every partnership, corporation, or association	100878
which employs or, retains, or engages the services of a person	100879
licensed, registered, or certified under this chapter, whether the	100880
certificate holder, registrant, or licensee is an independent	100881
contractor or under the supervision or control of the partnership,	100882
corporation, or association, is jointly and severally liable for	100883
any damages incurred by any person as a result of an act or	100884
omission concerning a state-certified or state-licensed real	100885
estate appraisal prepared or facilitated in the preparation by a	100886
certificate holder, registrant, or licensee while employed or,	100887
retained, or engaged by the partnership, corporation, or	100888
association.	100889

Sec. 4765.11. (A) The state board of emergency medical	100890
services shall adopt, and may amend and rescind, rules in	100891
accordance with Chapter 119. of the Revised Code and division (C)	100892
of this section that establish all of the following:	100893

(1) Procedures for its governance and the control of its	100894
actions and business affairs;	100895

(2) Standards for the performance of emergency medical	100896
services by first responders, emergency medical technicians-basic,	100897
emergency medical technicians-intermediate, and emergency medical	100898
technicians-paramedic;	100899

(3) Application fees for certificates of accreditation,	100900
certificates of approval, certificates to teach, and certificates	100901
to practice, which shall be deposited into the trauma and	100902
emergency medical services fund created in section 4513.263 of the	100903
Revised Code;	100904

(4) Criteria for determining when the application or renewal	100905
fee for a certificate to practice may be waived because an	100906
applicant cannot afford to pay the fee;	100907

(5) Procedures for issuance and renewal of certificates of	100908
accreditation, certificates of approval, certificates to teach,	100909
and certificates to practice, including any procedures necessary	100910
to ensure that adequate notice of renewal is provided in	100911
accordance with division (D) of section 4765.30 of the Revised	100912
Code;	100913

(6) Procedures for suspending or revoking certificates of	100914
accreditation, certificates of approval, certificates to teach,	100915
and certificates to practice;	100916

(7) Grounds for suspension or revocation of a certificate to	100917
practice issued under section 4765.30 of the Revised Code and for	100918
taking any other disciplinary action against a first responder,	100919
EMT-basic, EMT-I, or paramedic;	100920

(8) Procedures for taking disciplinary action against a first	100921
responder, EMT-basic, EMT-I, or paramedic;	100922

(9) Standards for certificates of accreditation and	100923
certificates of approval;	100924

(10) Qualifications for certificates to teach;

100925

(11) Requirements for a certificate to practice;

100926

(12) The curricula, number of hours of instruction and	100927
training, and instructional materials to be used in adult and	100928
pediatric emergency medical services training programs and adult	100929
and pediatric emergency medical services continuing education	100930
programs;	100931

(13) Procedures for conducting courses in recognizing	100932
symptoms of life-threatening allergic reactions and in calculating	100933
proper dosage levels and administering injections of epinephrine	100934
to adult and pediatric patients who suffer life-threatening	100935
allergic reactions;	100936

(14) Examinations for certificates to practice;

100937

(15) Procedures for administering examinations for	100938
certificates to practice;	100939

(16) Procedures for approving examinations that demonstrate	100940
competence to have a certificate to practice renewed without	100941
completing an emergency medical services continuing education	100942
program;	100943

(17) Procedures for granting extensions and exemptions of	100944
emergency medical services continuing education requirements;	100945

(18) Procedures for approving the additional emergency	100946
medical services first responders are authorized by division (C)	100947
of section 4765.35 of the Revised Code to perform, EMTs-basic are	100948
authorized by division (C) of section 4765.37 of the Revised Code	100949
to perform, EMTs-I are authorized by division (B)(5) of section	100950
4765.38 of the Revised Code to perform, and paramedics are	100951
authorized by division (B)(6) of section 4765.39 of the Revised	100952
Code to perform;	100953

(19) Standards and procedures for implementing the	100954
requirements of section 4765.06 of the Revised Code, including	100955
designations of the persons who are required to report information	100956
to the board and the types of information to be reported;	100957

(20) Procedures for administering the emergency medical	100958
services grant program established under section 4765.07 of the	100959
Revised Code;	100960

(21) Procedures consistent with Chapter 119. of the Revised	100961
Code for appealing decisions of the board;	100962

(22) Minimum qualifications and peer review and quality	100963
improvement requirements for persons who provide medical direction	100964
to emergency medical service personnel;	100965

(23) The manner in which a patient, or a patient's parent,	100966
guardian, or custodian may consent to the board releasing	100967
identifying information about the patient under division (D) of	100968
section 4765.102 of the Revised Code;	100969

(24) Circumstances under which a training program or	100970
continuing education program, or portion of either type of	100971
program, may be taught by a person who does not hold a certificate	100972
to teach issued under section 4765.23 of the Revised Code;	100973

(25) Certification cycles for certificates issued under	100974
sections 4765.23 and 4765.30 of the Revised Code and certificates	100975
issued by the executive director of the state board of emergency	100976
medical services under section 4765.55 of the Revised Code that	100977
establish a common expiration date for all certificates.	100978

(B) The board may adopt, and may amend and rescind, rules in	100979
accordance with Chapter 119. of the Revised Code and division (C)	100980
of this section that establish the following:	100981

(1) Specifications of information that may be collected under	100982
the trauma system registry and incidence reporting system created	100983
under section 4765.06 of the Revised Code;	100984

(2) Standards and procedures for implementing any of the	100985
recommendations made by any committees of the board or under	100986
section 4765.04 of the Revised Code;	100987

(3) Requirements that a person must meet to receive a	100988
certificate to practice as a first responder pursuant to division	100989
(A)(2) of section 4765.30 of the Revised Code;	100990

(4) Any other rules necessary to implement this chapter.

100991

(C) In developing and administering rules adopted under this	100992
chapter, the state board of emergency medical services shall	100993
consult with regional directors and regional physician advisory	100994
boards created by section 4765.05 of the Revised Code and	100995
emphasize the special needs of pediatric and geriatric patients.	100996

(D) Except as otherwise provided in this division, before	100997
adopting, amending, or rescinding any rule under this chapter, the	100998
board shall submit the proposed rule to the director of public	100999
safety for review. The director may review the proposed rule for	101000
not more than sixty days after the date it is submitted. If,	101001
within this sixty-day period, the director approves the proposed	101002
rule or does not notify the board that the rule is disapproved,	101003
the board may adopt, amend, or rescind the rule as proposed. If,	101004
within this sixty-day period, the director notifies the board that	101005
the proposed rule is disapproved, the board shall not adopt,	101006
amend, or rescind the rule as proposed unless at least twelve	101007
members of the board vote to adopt, amend, or rescind it.	101008

This division does not apply to an emergency rule adopted in	101009
accordance with section 119.03 of the Revised Code.	101010

Sec. 4765.17. (A) The state board of emergency medical	101011
services shall issue the appropriate certificate of accreditation	101012
or certificate of approval to an applicant who is of good	101013
reputation and meets the requirements of section 4765.16 of the	101014
Revised Code. The board shall grant or deny a certificate of	101015
accreditation or certificate of approval within one hundred twenty	101016
days of receipt of the application. The board may issue or renew a	101017
certificate of accreditation or certificate of approval on a	101018
provisional basis to an applicant who is of good reputation and is	101019
in substantial compliance with the requirements of section 4765.16	101020
of the Revised Code. The board shall inform an applicant receiving	101021
such a certificate of the conditions hethat must ~~meet~~be met to	101022
complete compliance with section 4765.16 of the Revised Code.	101023

(B) Except as provided in division (C) of this section, a	101024
certificate of accreditation or certificate of approval is valid	101025
for ~~three~~up to five years and may be renewed by the board	101026
pursuant to procedures and standards established in rules adopted	101027
under section 4765.11 of the Revised Code. An application for	101028
renewal shall be accompanied by the appropriate renewal fee	101029
established in rules adopted under section 4765.11 of the Revised	101030
Code.	101031

(C) A certificate of accreditation or certificate of approval	101032
issued on a provisional basis is valid for ~~one year and shall not~~	101033
~~be renewed~~the length of time established by the board. If the	101034
board finds that the holder of such a certificate has met the	101035
conditions it specifies under division (A) of this section, the	101036
board shall issue the appropriate certificate of accreditation or	101037
certificate of approval.	101038

(D) A certificate of accreditation is valid only for the	101039
emergency medical services training program or programs for which	101040
it is issued. The holder of a certificate of accreditation may	101041
apply to operate additional training programs in accordance with	101042
rules adopted by the board under section 4765.11 of the Revised	101043
Code. Any additional training programs shall expire on the	101044
expiration date of the applicant's current certificate. A	101045
certificate of approval is valid only for the emergency medical	101046
services continuing education program for which it is issued.	101047
Neither is transferable.	101048

(E) The ~~operator~~holder of ~~an accredited~~a certificate of	101049
accreditation or ~~approved program~~a certificate of approval may	101050
offer courses ~~from the program~~ at more than one location in	101051
accordance with rules adopted under section 4765.11 of the Revised	101052
Code.	101053

Sec. 4765.23. The state board of emergency medical services	101054
shall issue a certificate to teach in an emergency medical	101055
services training program or an emergency medical services	101056
continuing education program to any applicant who it determines	101057
meets the qualifications established in rules adopted under	101058
section 4765.11 of the Revised Code. The certificate shall	101059
indicate each type of instruction and training the certificate	101060
holder may teach under the certificate.	101061

A certificate to teach ~~is valid for two years~~shall have a	101062
certification cycle established by the board and may be renewed by	101063
the board pursuant to ~~procedures established in~~ rules adopted	101064
under section 4765.11 of the Revised Code. An application for	101065
renewal shall be accompanied by the appropriate renewal fee	101066
established in rules adopted under section 4765.11 of the Revised	101067
Code.	101068

The board may suspend or revoke a certificate to teach	101069
pursuant to rules adopted under section 4765.11 of the Revised	101070
Code.	101071

Sec. 4765.30. (A)(1) The state board of emergency medical	101072
services shall issue a certificate to practice as a first	101073
responder to an applicant who meets all of the following	101074
conditions:	101075

(a) Except as provided in division (A)(2) of this section, is	101076
a volunteer for a nonprofit emergency medical service organization	101077
or a nonprofit fire department;	101078

(b) Holds the appropriate certificate of completion issued in	101079
accordance with section 4765.24 of the Revised Code;	101080

(c) Passes the appropriate examination conducted under	101081
section 4765.29 of the Revised Code;	101082

(d) Is not in violation of any provision of this chapter or	101083
the rules adopted under it;	101084

(e) Meets any other certification requirements established in	101085
rules adopted under section 4765.11 of the Revised Code.	101086

(2) The board may waive the requirement to be a volunteer for	101087
a nonprofit entity if the applicant meets other requirements	101088
established in rules adopted under division (B)(3) of section	101089
4765.11 of the Revised Code relative to a person's eligibility to	101090
practice as a first responder.	101091

(B) The state board of emergency medical services shall issue	101092
a certificate to practice as an emergency medical technician-basic	101093
to an applicant who meets all of the following conditions:	101094

(1) Holds a certificate of completion in emergency medical	101095
services training-basic issued in accordance with section 4765.24	101096
of the Revised Code;	101097

(2) Passes the examination for emergency medical	101098
technicians-basic conducted under section 4765.29 of the Revised	101099
Code;	101100

(3) Is not in violation of any provision of this chapter or	101101
the rules adopted under it;	101102

(4) Meets any other certification requirements established in	101103
rules adopted under section 4765.11 of the Revised Code.	101104

(C) The state board of emergency medical services shall issue	101105
a certificate to practice as an emergency medical	101106
technician-intermediate or emergency medical technician-paramedic	101107
to an applicant who meets all of the following conditions:	101108

(1) Holds a certificate to practice as an emergency medical	101109
technician-basic;	101110

(2) Holds the appropriate certificate of completion issued in	101111
accordance with section 4765.24 of the Revised Code;	101112

(3) Passes the appropriate examination conducted under	101113
section 4765.29 of the Revised Code;	101114

(4) Is not in violation of any provision of this chapter or	101115
the rules adopted under it;	101116

(5) Meets any other certification requirements established in	101117
rules adopted under section 4765.11 of the Revised Code.	101118

(D) A certificate to practice ~~is valid for three years~~shall	101119
have a certification cycle established by the board and may be	101120
renewed by the board pursuant to ~~procedures established in~~ rules	101121
adopted under section 4765.11 of the Revised Code. Not later than	101122
sixty days prior to the expiration date of an individual's	101123
certificate to practice, the board shall notify the individual of	101124
the scheduled expiration ~~and furnish an application for renewal~~.	101125

An application for renewal shall be accompanied by the	101126
appropriate renewal fee established in rules adopted under section	101127
4765.11 of the Revised Code, unless the board waives the fee on	101128
determining pursuant to those rules that the applicant cannot	101129
afford to pay the fee. Except as provided in division (B) of	101130
section 4765.31 of the Revised Code, the application shall include	101131
evidence of either of the following:	101132

(1) That the applicant received a certificate of completion	101133
from the appropriate emergency medical services continuing	101134
education program pursuant to section 4765.24 of the Revised Code;	101135

(2) That the applicant has successfully passed an examination	101136
that demonstrates the competence to have a certificate renewed	101137
without completing an emergency medical services continuing	101138
education program. The board shall approve such examinations in	101139
accordance with rules adopted under section 4765.11 of the Revised	101140
Code.	101141

(E) The board shall not require an applicant for renewal of a	101142
certificate to practice to take an examination as a condition of	101143
renewing the certificate. This division does not preclude the use	101144
of examinations by operators of approved emergency medical	101145
services continuing education programs as a condition for issuance	101146
of a certificate of completion in emergency medical services	101147
continuing education.	101148

Sec. 4766.09. This chapter does not apply to any of the	101149
following:	101150

(A) A person rendering services with an ambulance in the	101151
event of a disaster situation when licensees' vehicles based in	101152
the locality of the disaster situation are incapacitated or	101153
insufficient in number to render the services needed;	101154

(B) Any person operating an ambulance, ambulette, rotorcraft	101155
air ambulance, or fixed wing air ambulance outside this state	101156
unless receiving a person within this state for transport to a	101157
location within this state;	101158

(C) A publicly owned or operated emergency medical service	101159
organization and the vehicles it owns or leases and operates,	101160
except as provided in section 307.051, division (G) of section	101161
307.055, division (F) of section 505.37, division (B) of section	101162
505.375, and division (B)(3) of section 505.72 of the Revised	101163
Code;	101164

(D) An ambulance, ambulette, rotorcraft air ambulance, fixed	101165
wing air ambulance, or nontransport vehicle owned or leased and	101166
operated by the federal government;	101167

(E) A publicly owned and operated fire department vehicle;

101168

(F) Emergency vehicles owned by a corporation and operating	101169
only on the corporation's premises, for the sole use by that	101170
corporation;	101171

(G) An ambulance, nontransport vehicle, or other emergency	101172
medical service organization vehicle owned and operated by a	101173
municipal corporation;	101174

(H) A motor vehicle titled in the name of a volunteer rescue	101175
service organization, as defined in section 4503.172 of the	101176
Revised Code;	101177

(I) A public emergency medical service organization;

101178

(J) A fire department, rescue squad, or life squad comprised	101179
of volunteers who provide services without expectation of	101180
remuneration and do not receive payment for services other than	101181
reimbursement for expenses;	101182

(K) A private, nonprofit emergency medical service	101183
organization when fifty per cent or more of its personnel are	101184
volunteers, as defined in section 4765.01 of the Revised Code;	101185

(L) Emergency medical service personnel who are regulated by	101186
the state board of emergency medical services under Chapter 4765.	101187
of the Revised Code;	101188

(M) Any of the following that operates a transit bus, as that	101189
term is defined in division (Q) of section 5735.01 of the Revised	101190
Code, unless the entity provides ambulette services that are	101191
reimbursed under the state medicaid plan:	101192

(1) A public nonemergency medical service organization;

101193

(2) An urban or rural public transit system;

101194

(3) A private nonprofit organization that receives grants	101195
under section 5501.07 of the Revised Code.	101196

(N)(1) An entity ~~or vehicle owned by an entity that~~, to the	101197
extent it provides ambulette services, if the entity meets all of	101198
the following conditions:	101199

(a) The entity is certified by the department of aging or the	101200
department's designee ~~under~~in accordance with section 173.391 of	101201
the Revised Code ~~and~~or operates under a contract or grant	101202
agreement with the department or the department's designee in	101203
accordance with section 173.392 of the Revised Code.	101204

(b) The entity meets the requirements of section 4766.14 of	101205
the Revised Code~~, unless the entity or~~.	101206

(c) The entity does not provide ambulette services that are	101207
reimbursed under the state medicaid plan.	101208

(2) A vehicle, to the extent it is used to provide ambulette	101209
services, if the vehicle meets both of the following conditions:	101210

(a) The vehicle is owned by an entity that meets the	101211
conditions specified in division (N)(1) of this section.	101212

(b) The vehicle ~~provides~~does not provide ambulette services	101213
that are reimbursed under the state medicaid plan;.	101214

(O) A vehicle that meets both of the following criteria,	101215
unless the vehicle provides services that are reimbursed under the	101216
state medicaid plan:	101217

(1) The vehicle was purchased with funds from a grant made by	101218
the United States secretary of transportation under 49 U.S.C.	101219
5310;	101220

(2) The department of transportation holds a lien on the	101221
vehicle.	101222

Sec. 4767.05. (A) There is hereby created the Ohio cemetery	101223
dispute resolution commission, which shall consist of nine members	101224
to be appointed by the governor with the advice and consent of the	101225
senate as follows:	101226

(1) One member shall be the management authority of a	101227
municipal, township, or union cemetery and shall be selected from	101228
a list of four names submitted to the governor. Two of the four	101229
names shall be submitted by the Ohio township association and two	101230
names shall be submitted by the Ohio municipal league.	101231

(2) Four members shall be individuals employed in a	101232
management position by a cemetery company or cemetery association.	101233
Two of the four members shall be selected from a list of four	101234
names submitted to the governor by the Ohio association of	101235
cemeteries and two shall be selected from a list of four names	101236
submitted by the Ohio association of cemetery superintendents and	101237
officials.	101238

(3) Two members shall be employed in a management position by	101239
a cemetery that is owned or operated by a religious, fraternal, or	101240
benevolent society and shall be selected from a list of four names	101241
submitted by the Ohio association of cemetery superintendents and	101242
officials.	101243

(4) Two members, at least one of whom shall be at least	101244
sixty-five years of age, shall be representatives of the public	101245
with no financial interest in the death care industry.	101246

Each member of the commission, except for the two members who	101247
represent the public, shall, at the time of appointment, have had	101248
a minimum of five consecutive years of experience in the active	101249
administration and management of a cemetery in this state.	101250

(B) Within ninety days after the effective date of this	101251
section, the governor shall make initial appointments to the	101252
commission. Of the initial appointments, two shall be for terms	101253
ending one year after the effective date of this section, two	101254
shall be for terms ending two years after that date, two shall be	101255
for terms ending three years after that date, and three shall be	101256
for terms ending four years after that date. Thereafter, terms of	101257
office shall be for four years, with each term ending on the same	101258
day of the same month as did the term that it succeeds. Each	101259
member shall hold office from the date of appointment until the	101260
end of the term for which the member was appointed. Vacancies	101261
shall be filled in the manner provided for original appointments,	101262
with each appointee, other than a representative of the public,	101263
being appointed from a list of two names submitted to the governor	101264
by the association or organization that was required to nominate	101265
candidates for initial appointment to the position that has become	101266
vacant. Any member appointed to fill a vacancy occurring prior to	101267
the expiration date of the term for which the member's predecessor	101268
was appointed shall hold office for the remainder of that term. A	101269
member shall continue in office subsequent to the expiration date	101270
of the member's term until the member's successor takes office or	101271
until a period of sixty days has elapsed, whichever occurs first.	101272
No person shall serve as a member of the commission for more than	101273
two consecutive terms, excluding any term served to fill an	101274
initial appointment to a term of less than four years or an	101275
unexpired term caused by a vacancy.	101276

(C) The commission annually shall elect from among its	101277
members a chairperson, vice-chairperson, and secretary, each of	101278
whom shall serve a term of one year in that office. The commission	101279
shall meet at least four times a year. Additional meetings may be	101280
called by the chairperson, or by the vice-chairperson when the	101281
chairperson is disabled, or by a majority of the members of the	101282
commission. A majority of the members constitutes a quorum to	101283
transact and vote on business of the commission.	101284

The chairperson or vice-chairperson may:

101285

(1) Administer oaths;

101286

(2) Issue subpoenas;

101287

(3) Summon witnesses;

101288

(4) Compel the production of books, papers, records, and	101289
other forms of evidence;	101290

(5) Fix the time and place for hearing any matter related to	101291
compliance with sections 1721.19, 1721.20, 1721.21, 1721.211,	101292
4735.02, ~~4735.22,~~ and 4767.02 of the Revised Code.	101293

The chairperson shall designate three members of the	101294
commission to serve on the crematory review board in accordance	101295
with section 4717.03 of the Revised Code for such time as the	101296
chairperson finds appropriate. Members designated to serve on the	101297
crematory review board shall perform all functions necessary to	101298
carry out the duties of the board as described in section 4717.03	101299
of the Revised Code. Members who serve on the crematory review	101300
board shall receive no compensation for such service.	101301

(D) Before entering upon the duties of office, each member of	101302
the commission shall take the oath pursuant to section 3.22 of the	101303
Revised Code. The governor may remove any member for misconduct,	101304
neglect of duty, incapacity, or malfeasance in accordance with	101305
section 3.04 of the Revised Code.	101306

(E) Members of the commission shall receive no compensation	101307
but shall be reimbursed for their actual and necessary expenses	101308
incurred in the performance of their duties as members of the	101309
commission.	101310

(F) The division of real estate in the department of commerce	101311
shall provide the commission with meeting space, staff services,	101312
and other technical assistance required by the commission in	101313
carrying out its duties pursuant to sections 4767.05 to 4767.08 of	101314
the Revised Code.	101315

Sec. 4767.07. (A) Any person may file a complaint regarding	101316
the activity, practice, policy, or procedure of, or regarding an	101317
alleged violation of section 1721.19, 1721.20, 1721.21, 1721.211,	101318
4735.02, ~~4735.22,~~ or 4767.02 of the Revised Code by, any person	101319
operating or maintaining a cemetery registered pursuant to section	101320
4767.03 of the Revised Code that adversely affects or may	101321
adversely affect the interest of an owner or family member of the	101322
owner of a cemetery lot or burial, entombment, or columbarium	101323
right. All complaints shall be in writing and submitted to the	101324
division of real estate in the department of commerce on forms	101325
provided by the division.	101326

(B) With respect to complaints filed pursuant to division (A)	101327
of this section, the division of real estate shall do all of the	101328
following:	101329

(1) Acknowledge receipt of the complaint by sending written	101330
notice to the person who filed the complaint not more than twenty	101331
days after receipt of the complaint;	101332

(2) Send written notice of the complaint within seven days	101333
after receipt of the complaint to the person responsible for the	101334
operation and maintenance of the cemetery that is the subject of	101335
the complaint;	101336

(3) Before taking further action, allow the owner or the	101337
person responsible for the operation and maintenance of the	101338
cemetery that is the subject of a complaint thirty days after the	101339
date the division sends notice of the complaint to respond to the	101340
division with respect to the complaint.	101341

(C) The cemetery dispute resolution commission shall hear	101342
each complaint filed pursuant to division (A) of this section	101343
within one hundred eighty days after its filing, unless it has	101344
been resolved by the parties to the complaint.	101345

Sec. 4767.08. (A) The Ohio cemetery dispute resolution	101346
commission, on its own motion or as a result of a complaint	101347
received pursuant to section 4767.07 of the Revised Code and with	101348
good cause shown, shall investigate or cause to be investigated	101349
alleged violations of sections 1721.19, 1721.20, 1721.21,	101350
1721.211, 4735.02, ~~4735.22, and 4767.03~~ 4767.02, and 4767.03 of	101351
the Revised Code. If the commission or the superintendent of the	101352
division of real estate in the department of commerce believes	101353
that a violation has occurred, the commission or superintendent	101354
shall do all of the following:	101355

(1) Review the financial records of the cemetery to ensure	101356
compliance with sections 1721.21 and 1721.211 of the Revised Code;	101357

(2) Request the prosecuting attorney of the county in which	101358
the alleged violation occurred to initiate such proceedings as are	101359
appropriate.	101360

(B) If, as a result of an investigation, the commission or	101361
the superintendent believes that a person has violated Chapter	101362
1345. of the Revised Code, the commission or superintendent shall	101363
report the findings to the attorney general.	101364

(C) The commission, at any time, may dismiss a complaint if	101365
it determines there is not good cause shown for the complaint. If	101366
the commission dismisses a complaint, it shall notify the person	101367
who filed the complaint within twenty days of reaching its	101368
decision and identify the reason why the complaint was dismissed.	101369

(D) When necessary for the division of real estate to perform	101370
the duties required by sections 4767.07 and 4767.08 of the Revised	101371
Code, the superintendent of the division, after consultation with	101372
at least a majority of the members of the cemetery dispute	101373
resolution commission, may issue subpoenas and compel the	101374
production of books, papers, records, and other forms of evidence.	101375

Sec. 4776.02. (A) An applicant for an initial license or	101376
restored license from a licensing agency, or a person seeking to	101377
satisfy the criteria for being a qualified pharmacy technician	101378
that are specified in section 4729.42 of the Revised Code, shall	101379
submit a request to the bureau of criminal identification and	101380
investigation for a criminal records check of the applicant or	101381
person. The request shall be accompanied by a completed copy of	101382
the form prescribed under division (C)(1) of section 109.572 of	101383
the Revised Code, a set of fingerprint impressions obtained as	101384
described in division (C)(2) of that section, and the fee	101385
prescribed under division (C)(3) of that section. The applicant	101386
or person shall ask the superintendent of the bureau of criminal	101387
identification and investigation in the request to obtain from	101388
the federal bureau of investigation any information it has	101389
pertaining to the applicant or person.	101390

An applicant or person requesting a criminal records check	101391
shall provide the bureau of criminal identification and	101392
investigation with the applicant's or person's name and address	101393
and, regarding an applicant, with the licensing agency's name and	101394
address.	101395

(B) Upon receipt of the completed form, the set of	101396
fingerprint impressions, and the fee provided for in division (A)	101397
of this section, the superintendent of the bureau of criminal	101398
identification and investigation shall conduct a criminal records	101399
check of the applicant or person under division (B) of section	101400
109.572 of the Revised Code. Upon completion of the criminal	101401
records check, the superintendent shall do whichever of the	101402
following is applicable:	101403

(1) If the request was submitted by an applicant for an	101404
initial license or restored license, report the results of the	101405
criminal records check and any information the federal bureau of	101406
investigation provides to the licensing agency identified in the	101407
request for a criminal records check;	101408

(2) If the request was submitted by a person seeking to	101409
satisfy the criteria for being a qualified pharmacy technician	101410
that are specified in section 4729.42 of the Revised Code, do both	101411
of the following:	101412

(a) Report the results of the criminal records check and any	101413
information the federal bureau of investigation provides to the	101414
person who submitted the request;	101415

(b) Report the results of the portion of the criminal records	101416
check performed by the bureau of criminal identification and	101417
investigation under division (B)(1) of section 109.572 of the	101418
Revised Code to the employer or potential employer specified in	101419
the request of the person who submitted the request and send a	101420
letter to that employer or potential employer regarding the	101421
information provided by the federal bureau of investigation that	101422
states either that based on that information there is no record of	101423
any conviction or that based on that information the person who	101424
submitted the request may not meet the criteria that are specified	101425
in section ~~4729.02~~4729.42 of the Revised Code, whichever is	101426
applicable.	101427

Sec. 4781.01. As used in this chapter:

101428

(A) "Industrialized unit" has the same meaning as in division	101429
(C)(3) of section 3781.06 of the Revised Code.	101430

(B) "Installation" means any of the following:

101431

(1) The temporary or permanent construction of stabilization,	101432
support, and anchoring systems for manufactured housing;	101433

(2) The placement and erection of a manufactured housing unit	101434
or components of a unit on a structural support system;	101435

(3) The supporting, blocking, leveling, securing, anchoring,	101436
underpinning, or adjusting of any section or component of a	101437
manufactured housing unit;	101438

(4) The joining or connecting of all sections or components	101439
of a manufactured housing unit.	101440

(C) "Manufactured home" has the same meaning as in division	101441
(C)(4) of section 3781.06 of the Revised Code.	101442

(D) "Manufactured home park" has the same meaning as in	101443
division (A) of section 3733.01 of the Revised Code.	101444

(E) "Manufactured housing" means manufactured homes and	101445
mobile homes.	101446

(F) "Manufactured housing installer" means an individual who	101447
installs manufactured housing.	101448

(G) "Mobile home" has the same meaning as in division (O) of	101449
section 4501.01 of the Revised Code.	101450

(H) "Model standards" means the federal manufactured home	101451
installation standards established pursuant to 42 U.S.C. 5404.	101452

(I) "Permanent foundation" has the same meaning as in	101453
division (C)(5) of section 3781.06 of the Revised Code.	101454

(J) "Business" includes any activities engaged in by any	101455
person for the object of gain, benefit, or advantage either direct	101456
or indirect.	101457

(K) "Casual sale" means any transfer of a manufactured home	101458
or mobile home by a person other than a manufactured housing	101459
dealer, manufactured housing salesperson, or manufacturer to an	101460
ultimate consumer or a person who purchases the home for use as a	101461
residence.	101462

(L) "Engaging in business" means commencing, conducting, or	101463
continuing in business, or liquidating a business when the	101464
liquidator thereof holds self out to be conducting such business;	101465
making a casual sale or otherwise making transfers in the ordinary	101466
course of business when the transfers are made in connection with	101467
the disposition of all or substantially all of the transferor's	101468
assets is not engaging in business.	101469

(M) "Manufactured home park operator" has the same meaning as	101470
"operator" in section 3733.01 of the Revised Code.	101471

(N) "Manufactured housing broker" means any person acting as	101472
a selling agent on behalf of an owner of a manufactured home or	101473
mobile home that is subject to taxation under section 4503.06 of	101474
the Revised Code.	101475

(O) "Manufactured housing dealer" means any person engaged in	101476
the business of selling at retail, displaying, offering for sale,	101477
or dealing in manufactured homes or mobile homes.	101478

(P) "Manufacturer" means a person who manufacturers,	101479
assembles, or imports manufactured homes or mobile homes.	101480

(Q) "Retail sale" or "sale at retail" means the act or	101481
attempted act of selling, bartering, exchanging, or otherwise	101482
disposing of a manufactured home or mobile home to an ultimate	101483
purchaser for use as a residence.	101484

(R) "Salesperson" means any individual employed by a	101485
manufactured housing dealer or manufactured housing broker to	101486
sell, display, and offer for sale, or deal in manufactured homes	101487
or mobile homes for a commission, compensation, or other valuable	101488
consideration, but does not mean any public officer performing	101489
official duties.	101490

(S) "Ultimate purchaser" means, with respect to any new	101491
manufactured home, the first person, other than a manufactured	101492
housing dealer purchasing in the capacity of a manufactured	101493
housing dealer, who purchases such new manufactured home for	101494
purposes other than resale.	101495

Sec. 4781.02. (A) There is hereby created the manufactured	101496
homes commission which consists of nine members, with three	101497
members appointed by the governor, three members appointed by the	101498
president of the senate, and three members appointed by the	101499
speaker of the house of representatives.	101500

(B)(1) Commission members shall be residents of this state,	101501
except for members appointed pursuant to divisions (B)(3)(b) and	101502
(B)(4)(a) of this section. Members shall be selected from a list	101503
of persons the Ohio manufactured homes association, or any	101504
successor entity, recommends, except for appointments made	101505
pursuant to division (B)(2) of this section.	101506

(2) The governor shall appoint the following members:

101507

(a) One member to represent the board of building standards,	101508
who may be a member of the board or a board employee not in the	101509
classified civil service, with an initial term ending December 31,	101510
2007;	101511

(b) One member to represent the department of health, who may	101512
be a department employee not in the classified civil service, with	101513
an initial term ending December 31, 2005;	101514

(c) One member whose primary residence is a manufactured	101515
home, with an initial term ending December 31, 2006.	101516

(3) The president of the senate shall appoint the following	101517
members:	101518

(a) Two members who are manufactured housing installers who	101519
have been actively engaged in the installation of manufactured	101520
housing for the five years immediately prior to appointment, with	101521
the initial term of one installer ending December 31, 2007, and	101522
the initial term of the other installer ending December 31, 2005.	101523

(b) One member who manufactures manufactured homes in this	101524
state or who manufactures manufactured homes in another state and	101525
ships homes into this state, to represent manufactured home	101526
manufacturers, with an initial term ending December 31, 2006.	101527

(4) The speaker of the house of representatives shall appoint	101528
the following members:	101529

(a) One member who operates a manufactured or mobile home	101530
retail business in this state to represent manufactured ~~and mobile~~	101531
~~home retailers~~housing dealers, with an initial term ending	101532
December 31, 2007;	101533

(b) One member who is a manufactured home park operator or is	101534
employed by an operator, with an initial term ending December 31,	101535
2005;	101536

(c) One member to represent the Ohio manufactured home	101537
association, or any successor entity, who may be the president or	101538
executive director of the association or the successor entity,	101539
with an initial term ending December 31, 2006.	101540

(C)(1) After the initial term, each term of office is for	101541
four years ending on the thirty-first day of December. A member	101542
holds office from the date of appointment until the end of the	101543
term. No member may serve more than two consecutive four-year	101544
terms.	101545

(2) Any member appointed to fill a vacancy that occurs prior	101546
to the expiration of a term continues in office for the remainder	101547
of that term. Any member continues in office subsequent to the	101548
expiration date of the term until the member's successor takes	101549
office or until sixty days have elapsed, which ever occurs first.	101550

(3) A vacancy on the commission does not impair the authority	101551
of the remaining members to exercise all of the commission's	101552
powers.	101553

(D)(1) The governor may remove any member from office for	101554
incompetence, neglect of duty, misfeasance, nonfeasance,	101555
malfeasance, or unprofessional conduct in office.	101556

(2) Vacancies shall be filled in the manner of the original	101557
appointment.	101558

Sec. 4781.04. (A) The manufactured homes commission shall	101559
adopt rules pursuant to Chapter 119. of the Revised Code to do all	101560
of the following:	101561

(1) Establish uniform standards that govern the installation	101562
of manufactured housing. Not later than one hundred eighty days	101563
after the secretary of the United States department of housing and	101564
urban development adopts model standards for the installation of	101565
manufactured housing or amends those standards, the commission	101566
shall amend its standards as necessary to be consistent with, and	101567
not less stringent than, the model standards for the design and	101568
installation of manufactured housing the secretary adopts or any	101569
manufacturers' standards that the secretary determines are equal	101570
to or not less stringent than the model standards.	101571

(2) Govern the inspection of the installation of manufactured	101572
housing. The rules shall specify that the ~~department of health or~~	101573
~~a licensor, as determined by the director of health,~~commission,	101574
any building department or personnel of any department, any	101575
licensor or personnel of any licensor, or any private third party,	101576
certified pursuant to section 4781.07 of the Revised Code shall	101577
conduct all inspections of the installation of manufactured	101578
housing located in manufactured home parks to determine compliance	101579
with the uniform installation standards the commission establishes	101580
pursuant to this section. ~~The rules shall specify that all~~	101581
~~installation inspections in a manufactured home park the~~	101582
~~department of health or the licensor conducts shall be conducted~~	101583
~~by a person who has completed an installation training course~~	101584
~~approved by the commission pursuant to division (B) of section~~	101585
~~4781.04 of the Revised Code.~~	101586

As used in division (A)(2) of this section, "licensor" has	101587
the same meaning as in section 3733.01 of the Revised Code.	101588

(3) Govern the design, construction, installation, approval,	101589
and inspection of foundations and the base support systems for	101590
manufactured housing. The rules shall specify that the ~~department~~	101591
~~of health or the licensor, as determined by the director of~~	101592
~~health,~~commission, any building department or personnel of any	101593
department, any licensor or personnel of any licensor, or any	101594
private third party, certified pursuant to section 4781.07 of the	101595
Revised Code shall conduct all inspections of the installation,	101596
foundations, and base support systems of manufactured housing	101597
located in manufactured home parks to determine compliance with	101598
the uniform installation standards and foundation and base support	101599
system design the commission establishes pursuant to this section.	101600
~~The rules shall specify that all foundation and base support~~	101601
~~system inspections in a manufactured home park the department of~~	101602
~~health or the licensor conducts shall be conducted by a person who~~	101603
~~has completed an installation training course approved by the~~	101604
~~commission pursuant to division (B) of section 4781.04 of the~~	101605
~~Revised Code.~~	101606

As used in division (A)(3) of this section, "licensor" has	101607
the same meaning as in section 3733.01 of the Revised Code.	101608

(4) Govern the training, experience, and education	101609
requirements for manufactured housing installers, manufactured	101610
housing dealers, manufactured housing brokers, and manufactured	101611
housing salespersons;	101612

(5) Establish a code of ethics for manufactured housing	101613
installers;	101614

(6) Govern the issuance, revocation, and suspension of	101615
licenses to manufactured housing installers;	101616

(7) Establish fees for the issuance and renewal of licenses,	101617
for conducting inspections to determine an applicant's compliance	101618
with this chapter and the rules adopted pursuant to it, and for	101619
the commission's expenses incurred in implementing this chapter;	101620

(8) Establish conditions under which a licensee may enter	101621
into contracts to fulfill the licensee's responsibilities;	101622

(9) Govern the investigation of complaints concerning any	101623
violation of this chapter or the rules adopted pursuant to it or	101624
complaints involving the conduct of any licensed manufactured	101625
housing installer or person installing manufactured housing	101626
without a license, licensed manufactured housing dealer, licensed	101627
manufactured housing broker, or manufactured housing salesperson;	101628

(10) Establish a dispute resolution program for the timely	101629
resolution of warranty issues involving new manufactured homes,	101630
disputes regarding responsibility for the correction or repair of	101631
defects in manufactured housing, and the installation of	101632
manufactured housing. The rules shall provide for the timely	101633
resolution of disputes between manufacturers, ~~retailers~~	101634
manufactured housing dealers, and installers regarding the	101635
correction or repair of defects in manufactured housing that are	101636
reported by the purchaser of the home during the one-year period	101637
beginning on the date of installation of the home. The rules also	101638
shall provide that decisions made regarding the dispute under the	101639
program are not binding upon the purchaser of the home or the	101640
other parties involved in the dispute unless the purchaser so	101641
agrees in a written acknowledgement that the purchaser signs and	101642
delivers to the program within ten business days after the	101643
decision is issued.	101644

(11) Establish the requirements and procedures for the	101645
certification of building departments and building department	101646
personnel pursuant to section 4781.07 of the Revised Code;	101647

(12) Establish fees to be charged to building departments and	101648
building department personnel applying for certification and	101649
renewal of certification pursuant to section 4781.07 of the	101650
Revised Code;	101651

(13) Carry out any other provision of this chapter.

101652

(B) The manufactured homes commission shall do all of the	101653
following:	101654

(1) Prepare and administer a licensure examination to	101655
determine an applicant's knowledge of manufactured housing	101656
installation and other aspects of installation the commission	101657
determines appropriate;	101658

(2) Select, provide, or procure appropriate examination	101659
questions and answers for the licensure examination and establish	101660
the criteria for successful completion of the examination;	101661

(3) Prepare and distribute any application form this chapter	101662
requires;	101663

(4) Receive applications for licenses and renewal of licenses	101664
and issue licenses to qualified applicants;	101665

(5) Establish procedures for processing, approving, and	101666
disapproving applications for licensure;	101667

(6) Retain records of applications for licensure, including	101668
all application materials submitted and a written record of the	101669
action taken on each application;	101670

(7) Review the design and plans for manufactured housing	101671
installations, foundations, and support systems;	101672

(8) Inspect a sample of homes at a percentage the commission	101673
determines to evaluate the construction and installation of	101674
manufactured housing installations, foundations, and support	101675
systems to determine compliance with the standards the commission	101676
adopts;	101677

(9) Investigate complaints concerning violations of this	101678
chapter or the rules adopted pursuant to it, or the conduct of any	101679
manufactured housing installer, manufactured housing dealer,	101680
manufactured housing broker, or manufactured housing salesperson;	101681

(10) Determine appropriate disciplinary actions for	101682
violations of this chapter;	101683

(11) Conduct audits and inquiries of manufactured housing	101684
installers, manufactured housing dealers, and manufactured housing	101685
brokers as appropriate for the enforcement of this chapter. The	101686
commission, or any person the commission employs for the purpose,	101687
may review and audit the business records of any manufactured	101688
housing installer, dealer, or broker during normal business hours.	101689

(12) Approve an installation training course, which may be	101690
offered by the Ohio manufactured homes association or other	101691
entity;	101692

(13) Perform any function or duty necessary to administer	101693
this chapter and the rules adopted pursuant to it.	101694

Sec. 4781.05. The executive director of the manufactured	101695
homes commission shall do all of the following:	101696

(A) With commission approval, secure and manage office space,	101697
supplies, and the professional and clerical staff necessary to	101698
effectively perform the executive director's and commission's	101699
duties;	101700

(B) Pursuant to rules the commission adopts, review	101701
applications for manufactured housing installer licenses,	101702
manufactured housing dealer licenses, manufactured housing broker	101703
licenses, and manufactured housing salesperson licenses and on	101704
behalf of the commission, issue licenses to qualified persons;	101705

(C) Administer the dispute resolution program the commission	101706
develops if the commission does not contract with the Ohio	101707
manufactured homes association or another entity to administer the	101708
program;	101709

(D) Administer any continuing education program the	101710
commission develops;	101711

(E) Collect fees the commission establishes;

101712

(F) Except as provided in divisions (A)(2) and (3) of section	101713
4781.04 of the Revised Code, employ installation inspectors and	101714
investigators to serve at the executive director's pleasure to	101715
assist in carrying out the executive director's duties under this	101716
chapter or the duties the commission delegates to the executive	101717
director;	101718

(G) Serve as secretary of the commission and maintain a	101719
written record of the commission's meetings and proceedings;	101720

(H) Notify manufactured housing installers, manufactured	101721
housing dealers, manufactured housing brokers, and manufactured	101722
housing salespersons of changes in this chapter and the rules	101723
adopted pursuant to it;	101724

(I) Do all things the commission requests or delegates for	101725
the administration and enforcement of this chapter.	101726

Sec. 4781.06. (A) The manufactured homes commission may	101727
delegate to the executive director any of its duties set forth in	101728
division (B) of section 4781.04 of the Revised Code.	101729

(B) The commission may enter into a contract with the Ohio	101730
manufactured homes association or another entity to administer the	101731
dispute resolution program created pursuant to section 4781.04 of	101732
the Revised Code. The contract shall specify the terms for the	101733
administration of the program.	101734

(C)(1) The commission may enter into a contract with any	101735
private third party, municipal corporation, township, county,	101736
state agency, or the Ohio manufactured homes association, or any	101737
successor entity, to perform any of the commission's functions set	101738
forth in division (B) of section 4781.04 of the Revised Code that	101739
the commission has not delegated to the executive director. Each	101740
contract shall specify the compensation to be paid to the private	101741
third party, municipal corporation, township, county, state	101742
agency, or the Ohio manufactured homes association, or successor	101743
entity, for the performance of the commission's functions.	101744

(2) Except as provided in this division, the commission shall	101745
not enter into any contract with any person or building department	101746
to accept and approve plans and specifications or to inspect	101747
manufactured housing foundations and the installation of	101748
manufactured housing unless that person or building department is	101749
certified pursuant to section 4781.07 of the Revised Code. The	101750
commission shall ~~not~~ require inspectors the Ohio department of	101751
health employs to obtain certification pursuant to section 4781.07	101752
of the Revised Code~~, but shall require inspectors to complete an~~	101753
~~installation training course approved by the commission pursuant~~	101754
~~to division (B) of section 4781.04 of the Revised Code~~.	101755

Sec. 4781.07. (A) Pursuant to rules the manufactured homes	101756
commission adopts, the commission may certify municipal, township,	101757
and county building departments and the personnel of those	101758
departments, licensors as defined in section 3733.01 of the	101759
Revised Code and the personnel of those licensors, or any private	101760
third party, to exercise the commission's enforcement authority,	101761
accept and approve plans and specifications for foundations,	101762
support systems and installations, and inspect manufactured	101763
housing foundations, support systems, and manufactured housing	101764
installations. Any certification is effective for three years.	101765

(B) Following an investigation and finding of facts that	101766
support its action, the commission may revoke or suspend	101767
certification. The commission may initiate an investigation on its	101768
own motion or the petition of a person affected by the enforcement	101769
or approval of plans.	101770

Sec. 4781.16. (A) Except as provided in division (E) of this	101771
section, no person shall do any of the following:	101772

(1) Engage in the business of displaying or selling at retail	101773
manufactured homes or mobile homes or assume to engage in that	101774
business, unless the person is licensed as a manufactured housing	101775
dealer under this chapter, or is a salesperson licensed under this	101776
chapter and employed by a licensed manufactured housing dealer;	101777

(2) Make more than five casual sales of manufactured homes or	101778
mobile homes in a twelve-month period without obtaining a license	101779
as a manufactured housing dealer under this chapter;	101780

(3) Engage in the business of brokering manufactured homes	101781
unless that person is licensed as a manufactured housing broker	101782
under this chapter.	101783

(B)(1) Except as provided in this division, no manufactured	101784
housing dealer shall sell, display, offer for sale, or deal in	101785
manufactured homes or mobile homes at any place except an	101786
established place of business that is used exclusively for the	101787
purpose of selling, displaying, offering for sale, or dealing in	101788
manufactured homes or mobile homes.	101789

(2) No manufactured housing broker shall engage in the	101790
business of brokering manufactured or mobile homes at any place	101791
except an established place of business that is used exclusively	101792
for the purpose of brokering manufactured and mobile homes.	101793

(3) A place of business used for the brokering or sale of	101794
manufactured homes or mobile homes is considered to be used	101795
exclusively for brokering, selling, displaying, offering for sale,	101796
or dealing in manufactured or mobile homes even though	101797
industrialized units, as defined by section 3781.06 of the	101798
Revised Code, are brokered, sold, displayed, offered for sale, or	101799
dealt at the same place of business.	101800

(4) If the licensed manufactured housing dealer is a	101801
manufactured home park operator, then all of the following apply:	101802

(a) An established place of business that is located in the	101803
operator's manufactured home park and that is used for selling,	101804
leasing, and renting manufactured homes and mobile homes in that	101805
manufactured home park is considered to be used exclusively for	101806
that purpose even though rent and other activities related to the	101807
operation of the manufactured home park take place at the same	101808
location or office.	101809

(b) The dealer's established place of business in the	101810
manufactured home park shall be staffed by someone licensed and	101811
regulated under this chapter who could reasonably assist any	101812
retail customer with or without an appointment, but such	101813
established place of business need not satisfy office size,	101814
display lot size, and physical barrier requirements applicable to	101815
other used motor vehicle dealers.	101816

(c) The manufactured and mobile homes being offered for sale,	101817
lease, or rental by the dealer may be located on individual rental	101818
lots inside the operator's manufactured home park.	101819

(C) Nothing in this chapter shall be construed as prohibiting	101820
the sale of a new or used manufactured or mobile home located in a	101821
manufactured home park by a licensed manufactured housing dealer.	101822

(D) Nothing in this section shall be construed to prohibit	101823
persons licensed under this chapter from making sales calls.	101824

(E)(1) This chapter does not apply to mortgagees selling at	101825
retail only those manufactured homes or mobile homes that have	101826
come into their possession by a default in the terms of a mortgage	101827
contract.	101828

(2) When a partnership licensed under this chapter is	101829
dissolved by death, the surviving partners may operate under the	101830
manufactured housing dealer license for a period of sixty days,	101831
and the heirs or representatives of deceased persons and	101832
receivers or trustees in bankruptcy appointed by any competent	101833
authority may operate under the license of the person succeeded	101834
in possession by that heir, representative, receiver, or trustee	101835
in bankruptcy.	101836

Sec. 4781.17. (A) Each person applying for a manufactured	101837
housing dealer's license or manufactured housing broker's license	101838
shall complete and deliver to the manufactured homes commission,	101839
before the first day of April, a separate application for license	101840
for each county in which the business of selling or brokering	101841
manufactured or mobile homes is to be conducted. The application	101842
shall be in the form prescribed by the commission and	101843
accompanied by the fee established by the commission. The	101844
applicant shall sign and swear to the application that shall	101845
include all of the following:	101846

(1) Name of applicant and location of principal place of	101847
business;	101848

(2) Name or style under which business is to be conducted	101849
and, if a corporation, the state of incorporation;	101850

(3) Name and address of each owner or partner and, if a	101851
corporation, the names of the officers and directors;	101852

(4) The county in which the business is to be conducted and	101853
the address of each place of business therein;	101854

(5) A statement of the previous history, record, and	101855
association of the applicant and of each owner, partner, officer,	101856
and director, that is sufficient to establish to the satisfaction	101857
of the commission the reputation in business of the applicant;	101858

(6) A statement showing whether the applicant has previously	101859
applied for a manufactured housing dealer's license, manufactured	101860
housing broker's license, manufactured housing salesperson's	101861
license, or, prior to July 1, 2010, a motor vehicle dealer's	101862
license, manufactured home broker's license, or motor vehicle	101863
salesperson's license, and the result of the application, and	101864
whether the applicant has ever been the holder of any such license	101865
that was revoked or suspended;	101866

(7) If the applicant is a corporation or partnership, a	101867
statement showing whether any partner, employee, officer, or	101868
director has been refused a manufactured housing dealer's license,	101869
manufactured housing broker's license, manufactured housing	101870
salesperson's license, or, prior to July 1, 2010, a motor vehicle	101871
dealer's license, manufactured home broker's license, or motor	101872
vehicle salesperson's license, or has been the holder of any such	101873
license that was revoked or suspended;	101874

(8) Any other information required by the commission.

101875

(B)Each person applying for a manufactured housing	101876
salesperson's license shall complete and deliver to the	101877
manufactured homes commission before the first day of July an	101878
application for license. The application shall be in the form	101879
prescribed by the commission and shall be accompanied by the fee	101880
established by the commission. The applicant shall sign and swear	101881
to the application that shall include all of the following:	101882

(1) Name and post-office address of the applicant;

101883

(2) Name and post-office address of the manufactured housing	101884
dealer or manufactured housing broker for whom the applicant	101885
intends to act as salesperson;	101886

(3) A statement of the applicant's previous history, record,	101887
and association, that is sufficient to establish to the	101888
satisfaction of the commission the applicant's reputation in	101889
business;	101890

(4) A statement as to whether the applicant intends to engage	101891
in any occupation or business other than that of a manufactured	101892
housing salesperson;	101893

(5) A statement as to whether the applicant has ever had any	101894
previous application for a manufactured housing salesperson	101895
license refused or, prior to July 1, 2010, any application for a	101896
motor vehicle salesperson license refused, and whether the	101897
applicant has previously had a manufactured housing salesperson or	101898
motor vehicle salesperson license revoked or suspended;	101899

(6) A statement as to whether the applicant was an employee	101900
of or salesperson for a manufactured housing dealer or	101901
manufactured housing broker whose license was suspended or	101902
revoked;	101903

(7) A statement of the manufactured housing dealer or	101904
manufactured housing broker named therein, designating the	101905
applicant as the dealer's or broker's salesperson;	101906

(8) Any other information required by the commission.

101907

(C) Any application for a manufactured housing dealer or	101908
manufactured housing broker delivered to the commission under this	101909
section also shall be accompanied by a photograph, as prescribed	101910
by the commission, of each place of business operated, or to be	101911
operated, by the applicant.	101912

(D) The manufactured homes commission shall deposit all	101913
license fees into the state treasury to the credit of the	101914
occupational licensing and regulatory fund.	101915

Sec. 4781.18. (A) The manufactured homes commission shall	101916
deny the application of any person for a license as a manufactured	101917
housing dealer or manufactured housing broker and refuse to issue	101918
the license if the commission finds that any of the following is	101919
true of the applicant:	101920

(1) The applicant has made any false statement of a material	101921
fact in the application.	101922

(2) The applicant has not complied with this chapter or the	101923
rules adopted by the commission under this chapter.	101924

(3) The applicant is of bad business repute or has habitually	101925
defaulted on financial obligations.	101926

(4) The applicant has been guilty of a fraudulent act in	101927
connection with selling or otherwise dealing in manufactured	101928
housing or in connection with brokering manufactured housing.	101929

(5) The applicant has entered into or is about to enter into	101930
a contract or agreement with a manufacturer or distributor of	101931
manufactured homes that is contrary to the requirements of this	101932
chapter.	101933

(6) The applicant is insolvent.

101934

(7) The applicant is of insufficient responsibility to ensure	101935
the prompt payment of any final judgments that might reasonably be	101936
entered against the applicant because of the transaction of	101937
business as a manufactured housing dealer or manufactured housing	101938
broker during the period of the license applied for, or has failed	101939
to satisfy any such judgment.	101940

(8) The applicant has no established place of business that,	101941
where applicable, is used or will be used for the purpose of	101942
selling, displaying, offering for sale or dealing in manufactured	101943
housing at the location for which application is made.	101944

(9) Within less than twelve months prior to making	101945
application, the applicant has been denied a manufactured housing	101946
dealer's license or manufactured housing broker's license, or has	101947
any such license revoked.	101948

(B) The commission shall deny the application of any person	101949
for a license as a salesperson and refuse to issue the license if	101950
the commission finds that any of the following is true of the	101951
applicant:	101952

(1) The applicant has made any false statement of a material	101953
fact in the application.	101954

(2) The applicant has not complied with this chapter or the	101955
rules adopted by the commission under this chapter.	101956

(3) The applicant is of bad business repute or has habitually	101957
defaulted on financial obligations.	101958

(4) The applicant has been guilty of a fraudulent act in	101959
connection with selling or otherwise dealing in manufactured	101960
housing.	101961

(5) The applicant has not been designated to act as	101962
salesperson for a manufactured housing dealer or manufactured	101963
housing broker licensed to do business in this state under this	101964
chapter, or intends to act as salesperson for more than one	101965
licensed manufactured housing dealer or manufactured housing	101966
broker at the same time, unless the licensed dealership is owned	101967
or operated by the same corporation, regardless of the county in	101968
which the dealership's facility is located.	101969

(6) The applicant holds a current manufactured housing	101970
dealer's or manufactured housing broker's license issued under	101971
this chapter, and intends to act as salesperson for another	101972
licensed manufactured housing dealer or manufactured housing	101973
broker.	101974

(7) Within less than twelve months prior to making	101975
application, the applicant has been denied a salesperson's license	101976
or had a salesperson's license revoked.	101977

(8) The applicant was salesperson for, or in the employ of, a	101978
manufactured housing dealer or manufactured housing broker at the	101979
time the dealer's or broker's license was revoked.	101980

(C) If an applicant for a manufactured housing dealer or	101981
manufactured housing broker's license is a corporation or	101982
partnership, the commission may refuse to issue a license if any	101983
officer, director, or partner of the applicant has been guilty of	101984
any act or omission that would be cause for refusing or revoking a	101985
license issued to such officer, director, or partner as an	101986
individual. The commission's finding may be based upon facts	101987
contained in the application or upon any other information the	101988
commission may have.	101989

(D) Notwithstanding division (A)(4) of this section, the	101990
commission shall not deny the application of any person and refuse	101991
to issue a license if the commission finds that the applicant is	101992
engaged or will engage in the business of selling at retail any	101993
new manufactured homes and demonstrates that the applicant has	101994
posted a bond, surety, or certificate of deposit with the	101995
commission in an amount not less than one hundred thousand dollars	101996
for the protection and benefit of the applicant's customers.	101997

(E) A decision made by the commission under this section may	101998
be based upon any statement contained in the application or upon	101999
any facts within the commission's knowledge.	102000

(F) Immediately upon denying an application for any of the	102001
reasons in this section, the commission shall enter a final order	102002
together with the commission's findings. If the application is	102003
denied by the executive director of the commission under authority	102004
of section 4781.05 of the Revised Code, the executive director	102005
shall enter a final order together with the director's findings	102006
and certify the same to the commission. The commission shall issue	102007
to the applicant a written notice of refusal to grant a license	102008
that shall disclose the reason for refusal.	102009

Sec. 4781.19. (A) At the time the manufactured homes	102010
commission grants the application of any person for a license as a	102011
manufactured housing dealer, manufactured housing broker, or	102012
manufactured housing salesperson, the commission shall issue to	102013
the person a license that includes the name and post-office	102014
address of the person licensed. If a manufactured housing dealer	102015
or manufactured housing broker has more than one place of business	102016
in a county, the dealer or broker shall make application, in such	102017
form as the commission prescribes, for a certified copy of the	102018
license issued to the dealer or broker for each place of business	102019
in the county.	102020

(B) The commission may require each applicant for a	102021
manufactured housing dealer's license, manufactured housing	102022
broker's license, and manufactured housing salesperson's license	102023
issued under this chapter to pay an additional fee, which shall be	102024
used by the commission to pay the costs of obtaining a record of	102025
any arrests and convictions of the applicant from the bureau of	102026
identification and investigation. The amount of the fee shall be	102027
equal to that paid by the commission to obtain such record.	102028

(C) In the event of the loss, mutilation, or destruction of a	102029
manufactured housing dealer's license, manufactured housing	102030
broker's license, or manufactured housing salesperson's license,	102031
any licensee may make application to the commission, in the form	102032
prescribed by the commission, for a duplicate copy thereof and pay	102033
a fee established by the commission.	102034

(D) All manufactured housing dealers' licenses, all	102035
manufactured housing brokers' licenses, and all manufactured	102036
housing salespersons' licenses issued or renewed shall expire	102037
biennially on a day within the two-year cycle that is prescribed	102038
by the manufactured homes commission, unless sooner suspended or	102039
revoked. Before the first day after the day prescribed by the	102040
commission in the year that the license expires, each licensed	102041
manufactured housing dealer, manufactured housing broker, and	102042
manufactured housing salesperson, in the year in which the license	102043
will expire, shall file an application, in such form as the	102044
commission prescribes, for the renewal of such license. The fee	102045
required by this section for the original license shall accompany	102046
the application.	102047

(E) Each manufactured housing dealer and manufactured housing	102048
broker shall keep the license or a certified copy thereof and a	102049
current list of the dealer's or the broker's licensed	102050
salespersons, showing the names, addresses, and serial numbers of	102051
their licenses, posted in a conspicuous place in each place of	102052
business. Each salesperson shall carry the salesperson's license	102053
or a certified copy thereof and shall exhibit such license or copy	102054
upon demand to any inspector of the commission, state highway	102055
patrol trooper, police officer, or person with whom the	102056
salesperson seeks to transact business as a manufactured housing	102057
salesperson.	102058

Sec. 4781.20. The applications for licenses submitted under	102059
section 4781.17 of the Revised Code are not part of the public	102060
records but are confidential information for the use of the	102061
manufactured homes commission. No person shall divulge any	102062
information contained in such applications and acquired by the	102063
person in the person's capacity as an official or employee of the	102064
manufactured homes commission, except in a report to the	102065
commission, or when called upon to testify in any court or	102066
proceeding.	102067

Sec. 4781.21. (A) The manufactured homes commission may make	102068
rules governing its actions relative to the suspension and	102069
revocation of manufactured housing dealers', manufactured housing	102070
brokers', and manufactured housing salespersons' licenses, and	102071
may, upon its own motion, and shall, upon the verified complaint	102072
in writing of any person, investigate the conduct of any licensee	102073
under this chapter. The commission shall suspend, revoke, or	102074
refuse to renew any manufactured housing dealer's, manufactured	102075
housing broker's, or manufactured housing salesperson's license,	102076
if any ground existed upon which the license might have been	102077
refused, or if a ground exists that would be cause for refusal to	102078
issue a license.	102079

The commission may suspend or revoke any license if the	102080
licensee has in any manner violated the rules adopted by the	102081
commission under this chapter, or has been convicted of committing	102082
a felony or violating any law that in any way relates to the	102083
selling, taxing, licensing, or regulation of sales of manufactured	102084
or mobile homes.	102085

(B) Any salesperson's license shall be suspended upon the	102086
termination, suspension, or revocation of the license of the	102087
manufactured housing dealer or manufactured housing broker for	102088
whom the salesperson is acting, or upon the salesperson leaving	102089
the service of the manufactured housing dealer or manufactured	102090
housing broker. Upon the termination, suspension, or revocation of	102091
the license of the manufactured housing dealer or manufactured	102092
housing broker for whom the salesperson is acting, or upon the	102093
salesperson leaving the service of a licensed manufactured housing	102094
or manufactured housing broker, the licensed salesperson may make	102095
application to the commission, in such form as the commission	102096
prescribes, to have the salesperson's license reinstated,	102097
transferred, and registered as a salesperson for another dealer or	102098
broker. If the information contained in the application is	102099
satisfactory to the commission, the commission shall reinstate,	102100
transfer, or register the salesperson's license as a salesperson	102101
for other dealer or broker. The commission shall establish the fee	102102
for the reinstatement and transfer of license. No license issued	102103
to a dealer, broker, or salesperson under this chapter may be	102104
transferred to any other person.	102105

(C) Any person whose manufactured housing dealer's license,	102106
manufactured housing broker's license, or manufactured housing	102107
salesperson's license is revoked, suspended, denied, or not	102108
renewed may request an adjudication hearing on the matter within	102109
thirty days after receipt of the notice of the action. If no	102110
appeal is taken within thirty days after receipt of the order, the	102111
order is final and conclusive. All appeals must be by petition in	102112
writing and verified under oath by the applicant whose application	102113
for license has been revoked, suspended, denied, or not renewed	102114
and must set forth the reason for the appeal and the reason why,	102115
in the petitioner's opinion, the order is not correct. In such	102116
appeals the board may make investigation to determine the	102117
correctness and legality of the appealed order. The hearing shall	102118
be held in accordance with Chapter 119. of the Revised Code.	102119

Sec. 4781.22. No manufactured housing dealer licensed under	102120
this chapter shall do any of the following:	102121

(A) Directly or indirectly, solicit the sale of a	102122
manufactured home or mobile home through an interested person	102123
other than a salesperson licensed in the employ of a licensed	102124
dealer;	102125

(B) Pay any commission or compensation in any form to any	102126
person in connection with the sale of a manufactured home or	102127
mobile home unless the person is licensed as a salesperson in the	102128
employ of the dealer;	102129

(C) Fail to immediately notify the manufactured homes	102130
commission upon termination of the employment of any person	102131
licensed as a salesperson to sell, display, offer for sale, or	102132
deal in manufactured homes or mobile homes for the dealer.	102133

Sec. 4781.23. (A) Each licensed manufactured housing dealer	102134
and manufactured housing broker shall notify the manufactured	102135
homes commission of any change in status as a manufactured housing	102136
dealer or manufactured housing broker during the period for which	102137
the dealer or broker is licensed, if the change of status concerns	102138
either of the following:	102139

(1) Personnel of owners, partners, officers, or directors;

102140

(2) Location of an office or principal place of business.

102141

(B) The notification required by division (A) of this section	102142
shall be made by filing with the commission, within fifteen days	102143
after the change of status, a supplemental statement in a form	102144
prescribed by the commission showing in what respect the status	102145
has been changed.	102146

The commission may adopt a rule exempting from the	102147
notification requirement of division (A)(1) of this section any	102148
dealer if stock in the dealer or its parent company is publicly	102149
traded and if there are public records filed with and in the	102150
possession of state or federal agencies that provide the	102151
information required by division (A)(1) of this section.	102152

Sec. 4781.24. (A) Every retail sale of a manufactured home	102153
or mobile home shall be preceded by a written contract that shall	102154
contain all of the agreements of the parties and shall be signed	102155
by the buyer and the seller. The seller, upon execution of the	102156
contract and before the delivery of the manufactured or mobile	102157
home, shall deliver to the buyer a copy of the contract that shall	102158
clearly describe all of the following:	102159

(1) The home sold to the buyer, including, where applicable,	102160
its vehicle identification number;	102161

(2) The sale price of the home, and, if applicable, the	102162
amount paid down by the buyer;	102163

(3) The amount credited to the buyer for any trade-in and a	102164
description thereof;	102165

(4) The amount of any finance charge;

102166

(5) The amount charged for any home insurance and a statement	102167
of the types of insurance provided by the policy or policies;	102168

(6) The amount of any other charge and a specification of its	102169
purpose;	102170

(7) The net balance of payment due from the buyer including	102171
the terms of the payment of the net balance.	102172

(B) A manufactured housing dealer may contract for and	102173
receive a documentary service charge for a retail sale of a	102174
manufactured home or mobile home. The documentary service charge	102175
shall be specified in writing without itemization of the	102176
individual services provided and shall not be more than the lesser	102177
of the following:	102178

(1) The amount allowed in a retail installment contract;

102179

(2) Ten per cent of the amount the buyer is required to pay	102180
pursuant to the contract, excluding tax, title, and registration	102181
fees, and any negative equity adjustment.	102182

(C) This section does not apply to a casual sale of a	102183
manufactured home or mobile home.	102184

Sec. 4781.25. The manufactured homes commission shall adopt	102185
rules for the regulation of manufactured housing brokers in	102186
accordance with Chapter 119. of the Revised Code. The rules shall	102187
require that a manufactured housing broker maintain a bond of a	102188
surety company authorized to transact business in this state in an	102189
amount determined by the commission. The rules also shall require	102190
each person licensed as a manufactured housing broker to maintain	102191
at all times a special or trust bank account that is	102192
noninterest-bearing, is separate and distinct from any personal or	102193
other account of the broker, and into which shall be deposited and	102194
maintained all escrow funds, security deposits, and other moneys	102195
received by the broker in a fiduciary capacity. In a form	102196
determined by the commission, a manufactured housing broker shall	102197
submit written proof to the commission of the continued	102198
maintenance of the special or trust account. A depository where	102199
special or trust accounts are maintained in accordance with this	102200
section shall be located in this state.	102201

Sec. 4781.99. (A) Whoever violates division (A) of section	102202
4781.16 of the Revised Code is guilty of a minor misdemeanor on a	102203
first offense and shall be subject to a mandatory fine of one	102204
hundred dollars. On a second offense, the person is guilty of a	102205
misdemeanor of the first degree and shall be subject to a	102206
mandatory fine of one thousand dollars.	102207

(B) Whoever violates section 4781.20 of the Revised Code is	102208
guilty of a minor misdemeanor.	102209

(C) Whoever violates any of the following is guilty of a	102210
misdemeanor of the fourth degree:	102211

(1) Division (B) or (C) of section 4781.16 of the Revised	102212
Code;	102213

(2) Section 4781.22 of the Revised Code;

102214

(3) Section 4781.23 of the Revised Code;

102215

(4) Division (A) of section 4781.24 of the Revised Code;

102216

(5) Section 4781.25 of the Revised Code.

102217

Sec. 4905.801. (A) No person shall transport or cause to be	102218
transported any shipment of material that is subject to division	102219
(A)(1) of section 4163.07 of the Revised Code within, into, or	102220
through this state by rail or motor carrier unless the person, at	102221
least four days prior to the date of the shipment, pays to the	102222
public utilities commission the following fees for each shipment:	102223

(1) Two thousand five hundred dollars for each shipment by a	102224
motor carrier;	102225

(2) Four thousand five hundred dollars for the first cask	102226
designated for transport by rail and three thousand dollars for	102227
each additional cask designated for transport by rail that is	102228
shipped by the same person or entity in the same shipment.	102229

(B)(1) This section does not apply to either of the	102230
following:	102231

(a) Any shipment of material that is subject to division	102232
(A)(1) of section 4163.07 of the Revised Code by or for the United	102233
States government for military or national defense purposes;	102234

(b) Any shipment of material that is subject to division	102235
(A)(1) of section 4163.07 of the Revised Code to or from a plant	102236
that is owned by the United States department of energy and that	102237
is located in this state or to or from entities that operate on	102238
land located in this state that is owned or controlled by the	102239
United States department of energy or the United States department	102240
of defense.	102241

(2) Except as provided in division (B)(1)(a) and (b) of this	102242
section, this section applies to all other shipments of any	102243
material that is subject to division (A)(1) of section 4163.07 of	102244
the Revised Code by or for the United States government to the	102245
extent permitted by federal law.	102246

(C) Whoever violates division (A) of this section is liable	102247
for a civil penalty in an amount not to exceed ten times the	102248
amount of the fee that is due under this section. The attorney	102249
general, upon the request of the public utilities commission,	102250
shall bring a civil action to collect the penalty. Penalties	102251
collected under this section shall be deposited in the state	102252
treasury to the credit of the radioactive waste transportation	102253
fund created in section 4905.802 of the Revised Code.	102254

(D) If a highway route controlled quantity shipment of a	102255
material that is subject to division (A)(1) of section 4163.07 of	102256
the Revised Code has been the subject of a United States	102257
department of transportation level VI inspection and has passed	102258
the inspection, the shipment shall not otherwise be subject to	102259
inspection by state or local officials unless such inspection is	102260
determined to be necessary by the state highway patrol. The public	102261
utilities commission shall establish procedures for the reduction	102262
of the fee established in division (A) of this section for such	102263
shipments to incorporate police escort services only. The	102264
procedures shall require the payment of the fee only after the	102265
police escort has been completed.	102266

Sec. 4928.01. (A) As used in this chapter:

102267

(1) "Ancillary service" means any function necessary to the	102268
provision of electric transmission or distribution service to a	102269
retail customer and includes, but is not limited to, scheduling,	102270
system control, and dispatch services; reactive supply from	102271
generation resources and voltage control service; reactive supply	102272
from transmission resources service; regulation service; frequency	102273
response service; energy imbalance service; operating	102274
reserve-spinning reserve service; operating reserve-supplemental	102275
reserve service; load following; back-up supply service;	102276
real-power loss replacement service; dynamic scheduling; system	102277
black start capability; and network stability service.	102278

(2) "Billing and collection agent" means a fully independent	102279
agent, not affiliated with or otherwise controlled by an electric	102280
utility, electric services company, electric cooperative, or	102281
governmental aggregator subject to certification under section	102282
4928.08 of the Revised Code, to the extent that the agent is under	102283
contract with such utility, company, cooperative, or aggregator	102284
solely to provide billing and collection for retail electric	102285
service on behalf of the utility company, cooperative, or	102286
aggregator.	102287

(3) "Certified territory" means the certified territory	102288
established for an electric supplier under sections 4933.81 to	102289
4933.90 of the Revised Code.	102290

(4) "Competitive retail electric service" means a component	102291
of retail electric service that is competitive as provided under	102292
division (B) of this section.	102293

(5) "Electric cooperative" means a not-for-profit electric	102294
light company that both is or has been financed in whole or in	102295
part under the "Rural Electrification Act of 1936," 49 Stat. 1363,	102296
7 U.S.C. 901, and owns or operates facilities in this state to	102297
generate, transmit, or distribute electricity, or a not-for-profit	102298
successor of such company.	102299

(6) "Electric distribution utility" means an electric utility	102300
that supplies at least retail electric distribution service.	102301

(7) "Electric light company" has the same meaning as in	102302
section 4905.03 of the Revised Code and includes an electric	102303
services company, but excludes any self-generator to the extent	102304
that it consumes electricity it so produces, sells that	102305
electricity for resale, or obtains electricity from a generating	102306
facility it hosts on its premises.	102307

(8) "Electric load center" has the same meaning as in section	102308
4933.81 of the Revised Code.	102309

(9) "Electric services company" means an electric light	102310
company that is engaged on a for-profit or not-for-profit basis in	102311
the business of supplying or arranging for the supply of only a	102312
competitive retail electric service in this state. "Electric	102313
services company" includes a power marketer, power broker,	102314
aggregator, or independent power producer but excludes an electric	102315
cooperative, municipal electric utility, governmental aggregator,	102316
or billing and collection agent.	102317

(10) "Electric supplier" has the same meaning as in section	102318
4933.81 of the Revised Code.	102319

(11) "Electric utility" means an electric light company that	102320
has a certified territory and is engaged on a for-profit basis	102321
either in the business of supplying a noncompetitive retail	102322
electric service in this state or in the businesses of supplying	102323
both a noncompetitive and a competitive retail electric service	102324
in this state. "Electric utility" excludes a municipal electric	102325
utility or a billing and collection agent.	102326

(12) "Firm electric service" means electric service other	102327
than nonfirm electric service.	102328

(13) "Governmental aggregator" means a legislative authority	102329
of a municipal corporation, a board of township trustees, or a	102330
board of county commissioners acting as an aggregator for the	102331
provision of a competitive retail electric service under authority	102332
conferred under section 4928.20 of the Revised Code.	102333

(14) A person acts "knowingly," regardless of the person's	102334
purpose, when the person is aware that the person's conduct will	102335
probably cause a certain result or will probably be of a certain	102336
nature. A person has knowledge of circumstances when the person is	102337
aware that such circumstances probably exist.	102338

(15) "Level of funding for low-income customer energy	102339
efficiency programs provided through electric utility rates" means	102340
the level of funds specifically included in an electric utility's	102341
rates on October 5, 1999, pursuant to an order of the public	102342
utilities commission issued under Chapter 4905. or 4909. of the	102343
Revised Code and in effect on October 4, 1999, for the purpose of	102344
improving the energy efficiency of housing for the utility's	102345
low-income customers. The term excludes the level of any such	102346
funds committed to a specific nonprofit organization or	102347
organizations pursuant to a stipulation or contract.	102348

(16) "Low-income customer assistance programs" means the	102349
percentage of income payment plan program, the home energy	102350
assistance program, the home weatherization assistance program,	102351
and the targeted energy efficiency and weatherization program.	102352

(17) "Market development period" for an electric utility	102353
means the period of time beginning on the starting date of	102354
competitive retail electric service and ending on the applicable	102355
date for that utility as specified in section 4928.40 of the	102356
Revised Code, irrespective of whether the utility applies to	102357
receive transition revenues under this chapter.	102358

(18) "Market power" means the ability to impose on customers	102359
a sustained price for a product or service above the price that	102360
would prevail in a competitive market.	102361

(19) "Mercantile customer" means a commercial or industrial	102362
customer if the electricity consumed is for nonresidential use and	102363
the customer consumes more than seven hundred thousand kilowatt	102364
hours per year or is part of a national account involving multiple	102365
facilities in one or more states.	102366

(20) "Municipal electric utility" means a municipal	102367
corporation that owns or operates facilities to generate,	102368
transmit, or distribute electricity.	102369

(21) "Noncompetitive retail electric service" means a	102370
component of retail electric service that is noncompetitive as	102371
provided under division (B) of this section.	102372

(22) "Nonfirm electric service" means electric service	102373
provided pursuant to a schedule filed under section 4905.30 of the	102374
Revised Code or pursuant to an arrangement under section 4905.31	102375
of the Revised Code, which schedule or arrangement includes	102376
conditions that may require the customer to curtail or interrupt	102377
electric usage during nonemergency circumstances upon	102378
notification by an electric utility.	102379

(23) "Percentage of income payment plan arrears" means funds	102380
eligible for collection through the percentage of income payment	102381
plan rider, but uncollected as of July 1, 2000.	102382

(24) "Person" has the same meaning as in section 1.59 of the	102383
Revised Code.	102384

(25) "Advanced energy project" means any technologies,	102385
products, activities, or management practices or strategies that	102386
facilitate the generation or use of electricity or energy and that	102387
reduce or support the reduction of energy consumption or support	102388
the production of clean, renewable energy for industrial,	102389
distribution, commercial, institutional, governmental, research,	102390
not-for-profit, or residential energy users, including, but not	102391
limited to, advanced energy resources and renewable energy	102392
resources. "Advanced energy project" also includes any project	102393
described in division (A), (B), or (C) of section 4928.621 of the	102394
Revised Code.	102395

(26) "Regulatory assets" means the unamortized net	102396
regulatory assets that are capitalized or deferred on the	102397
regulatory books of the electric utility, pursuant to an order or	102398
practice of the public utilities commission or pursuant to	102399
generally accepted accounting principles as a result of a prior	102400
commission rate-making decision, and that would otherwise have	102401
been charged to expense as incurred or would not have been	102402
capitalized or otherwise deferred for future regulatory	102403
consideration absent commission action. "Regulatory assets"	102404
includes, but is not limited to, all deferred demand-side	102405
management costs; all deferred percentage of income payment plan	102406
arrears; post-in-service capitalized charges and assets recognized	102407
in connection with statement of financial accounting standards no.	102408
109 (receivables from customers for income taxes); future nuclear	102409
decommissioning costs and fuel disposal costs as those costs have	102410
been determined by the commission in the electric utility's most	102411
recent rate or accounting application proceeding addressing such	102412
costs; the undepreciated costs of safety and radiation control	102413
equipment on nuclear generating plants owned or leased by an	102414
electric utility; and fuel costs currently deferred pursuant to	102415
the terms of one or more settlement agreements approved by the	102416
commission.	102417

(27) "Retail electric service" means any service involved in	102418
supplying or arranging for the supply of electricity to ultimate	102419
consumers in this state, from the point of generation to the	102420
point of consumption. For the purposes of this chapter, retail	102421
electric service includes one or more of the following "service	102422
components": generation service, aggregation service, power	102423
marketing service, power brokerage service, transmission service,	102424
distribution service, ancillary service, metering service, and	102425
billing and collection service.	102426

(28) "Starting date of competitive retail electric service"	102427
means January 1, 2001.	102428

(29) "Customer-generator" means a user of a net metering	102429
system.	102430

(30) "Net metering" means measuring the difference in an	102431
applicable billing period between the electricity supplied by an	102432
electric service provider and the electricity generated by a	102433
customer-generator that is fed back to the electric service	102434
provider.	102435

(31) "Net metering system" means a facility for the	102436
production of electrical energy that does all of the following:	102437

(a) Uses as its fuel either solar, wind, biomass, landfill	102438
gas, or hydropower, or uses a microturbine or a fuel cell;	102439

(b) Is located on a customer-generator's premises;

102440

(c) Operates in parallel with the electric utility's	102441
transmission and distribution facilities;	102442

(d) Is intended primarily to offset part or all of the	102443
customer-generator's requirements for electricity.	102444

(32) "Self-generator" means an entity in this state that	102445
owns or hosts on its premises an electric generation facility	102446
that produces electricity primarily for the owner's consumption	102447
and that may provide any such excess electricity to another	102448
entity, whether the facility is installed or operated by the	102449
owner or by an agent under a contract.	102450

(33) "Rate plan" means the standard service offer in effect	102451
on the effective date of the amendment of this section by S.B. 221	102452
of the 127th general assembly, July 31, 2008.	102453

(34) "Advanced energy resource" means any of the following:

102454

(a) Any method or any modification or replacement of any	102455
property, process, device, structure, or equipment that increases	102456
the generation output of an electric generating facility to the	102457
extent such efficiency is achieved without additional carbon	102458
dioxide emissions by that facility;	102459

(b) Any distributed generation system consisting of customer	102460
cogeneration of electricity and thermal output simultaneously,	102461
primarily to meet the energy needs of the customer's facilities;	102462

(c) Clean coal technology that includes a carbon-based	102463
product that is chemically altered before combustion to	102464
demonstrate a reduction, as expressed as ash, in emissions of	102465
nitrous oxide, mercury, arsenic, chlorine, sulfur dioxide, or	102466
sulfur trioxide in accordance with the American society of testing	102467
and materials standard D1757A or a reduction of metal oxide	102468
emissions in accordance with standard D5142 of that society, or	102469
clean coal technology that includes the design capability to	102470
control or prevent the emission of carbon dioxide, which design	102471
capability the commission shall adopt by rule and shall be based	102472
on economically feasible best available technology or, in the	102473
absence of a determined best available technology, shall be of	102474
the highest level of economically feasible design capability for	102475
which there exists generally accepted scientific opinion;	102476

(d) Advanced nuclear energy technology consisting of	102477
generation III technology as defined by the nuclear regulatory	102478
commission; other, later technology; or significant improvements	102479
to existing facilities;	102480

(e) Any fuel cell used in the generation of electricity,	102481
including, but not limited to, a proton exchange membrane fuel	102482
cell, phosphoric acid fuel cell, molten carbonate fuel cell, or	102483
solid oxide fuel cell;	102484

(f) Advanced solid waste or construction and demolition	102485
debris conversion technology, including, but not limited to,	102486
advanced stoker technology, and advanced fluidized bed	102487
gasification technology, that results in measurable greenhouse	102488
gas emissions reductions as calculated pursuant to the United	102489
States environmental protection agency's waste reduction model	102490
(WARM).	102491

(g) Demand-side management and any energy efficiency	102492
improvement;	102493

(h) Methane gas emitted from an operating or abandoned coal	102494
mine.	102495

(35) "Renewable energy resource" means solar photovoltaic or	102496
solar thermal energy, wind energy, power produced by a	102497
hydroelectric facility, geothermal energy, fuel derived from	102498
solid wastes, as defined in section 3734.01 of the Revised	102499
Code, through fractionation, biological decomposition, or other	102500
process that does not principally involve combustion, biomass	102501
energy, biologically derived methane gas, or energy derived	102502
from nontreated by-products of the pulping process or wood	102503
manufacturing process, including bark, wood chips, sawdust,	102504
and lignin in spent pulping liquors. "Renewable energy	102505
resource" includes, but is not limited to, any fuel cell used	102506
in the generation of electricity, including, but not limited	102507
to, a proton exchange membrane fuel cell, phosphoric acid fuel	102508
cell, molten carbonate fuel cell, or solid oxide fuel cell; wind	102509
turbine located in the state's territorial waters of Lake Erie;	102510
storage facility that will promote the better utilization of a	102511
renewable energy resource that primarily generates off peak; or	102512
distributed generation system used by a customer to generate	102513
electricity from any such energy. As used in division (A)(35)	102514
of this section, "hydroelectric facility" means a hydroelectric	102515
generating facility that is located at a dam on a river, or on	102516
any water discharged to a river, that is within or bordering this	102517
state or within or bordering an adjoining state and meets all of	102518
the following standards:	102519

(a) The facility provides for river flows that are not	102520
detrimental for fish, wildlife, and water quality, including	102521
seasonal flow fluctuations as defined by the applicable licensing	102522
agency for the facility.	102523

(b) The facility demonstrates that it complies with the	102524
water quality standards of this state, which compliance may	102525
consist of certification under Section 401 of the "Clean Water	102526
Act of 1977," 91 Stat. 1598, 1599, 33 U.S.C. 1341, and	102527
demonstrates that it has not contributed to a finding by this	102528
state that the river has impaired water quality under Section	102529
303(d) of the "Clean Water Act of 1977," 114 Stat. 870, 33	102530
U.S.C. 1313.	102531

(c) The facility complies with mandatory prescriptions	102532
regarding fish passage as required by the federal energy	102533
regulatory commission license issued for the project, regarding	102534
fish protection for riverine, anadromous, and catadromus fish.	102535

(d) The facility complies with the recommendations of the	102536
Ohio environmental protection agency and with the terms of its	102537
federal energy regulatory commission license regarding watershed	102538
protection, mitigation, or enhancement, to the extent of each	102539
agency's respective jurisdiction over the facility.	102540

(e) The facility complies with provisions of the "Endangered	102541
Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531 to 1544, as	102542
amended.	102543

(f) The facility does not harm cultural resources of the	102544
area. This can be shown through compliance with the terms of its	102545
federal energy regulatory commission license or, if the facility	102546
is not regulated by that commission, through development of a plan	102547
approved by the Ohio historic preservation office, to the extent	102548
it has jurisdiction over the facility.	102549

(g) The facility complies with the terms of its federal	102550
energy regulatory commission license or exemption that are related	102551
to recreational access, accommodation, and facilities or, if the	102552
facility is not regulated by that commission, the facility	102553
complies with similar requirements as are recommended by	102554
resource agencies, to the extent they have jurisdiction over the	102555
facility; and the facility provides access to water to the	102556
public without fee or charge.	102557

(h) The facility is not recommended for removal by any	102558
federal agency or agency of any state, to the extent the	102559
particular agency has jurisdiction over the facility.	102560

(B) For the purposes of this chapter, a retail electric	102561
service component shall be deemed a competitive retail electric	102562
service if the service component is competitive pursuant to a	102563
declaration by a provision of the Revised Code or pursuant to an	102564
order of the public utilities commission authorized under division	102565
(A) of section 4928.04 of the Revised Code. Otherwise, the	102566
service component shall be deemed a noncompetitive retail electric	102567
service.	102568

Sec. 5101.073. There is hereby created in the state treasury	102569
the ODJFS general services administration and operating fund. The	102570
director of job and family services may submit a deposit	102571
modification and payment detail report to the treasurer of state	102572
after the completion of the reconciliation of all final	102573
transactions with the federal government regarding a federal grant	102574
for a program the department of job and family services	102575
administers and a final closeout for the grant. On receipt of the	102576
report, the treasurer of state shall transfer the money in the	102577
refunds and audit settlements fund that is the subject of the	102578
report to the ODJFS general services administration and operating	102579
fund. Money in the ODJFS general services administration and	102580
operating fund shall be used to pay for the expenses of the	102581
programs the department administers and the department's	102582
administrative expenses, including the costs of state hearings	102583
under section 5101.35 of the Revised Code, required audit	102584
adjustments, and other related expenses.	102585

Sec. 5101.11. This section does not apply to contracts	102586
entered into under section 5111.90 or 5111.91 of the Revised Code.	102587

(A) As used in this section:

102588

(1) "Entity" includes an agency, board, commission, or	102589
department of the state or a political subdivision of the state; a	102590
private, nonprofit entity; a school district; a private school; or	102591
a public or private institution of higher education.	102592

(2) "Federal financial participation" means the federal	102593
government's share of expenditures made by an entity in	102594
implementing a program administered by the department of job and	102595
family services.	102596

(B) At the request of any public entity having authority to	102597
implement a program administered by the department of job and	102598
family services or any private entity under contract with a public	102599
entity to implement a program administered by the department, the	102600
department may seek to obtain federal financial participation for	102601
costs incurred by the entity. Federal financial participation may	102602
be sought from programs operated pursuant to Title IV-A, Title	102603
IV-E, and Title XIX of the "Social Security Act," 49 Stat. 620	102604
(1935), 42 U.S.C. 301, as amended; the "Food ~~Stamp~~and Nutrition	102605
Act of ~~1964," 78 Stat. 703,~~2008 (7 U.S.C. 2011~~, as amended~~et	102606
seq.); and any other statute or regulation under which federal	102607
financial participation may be available, except that federal	102608
financial participation may be sought only for expenditures made	102609
with funds for which federal financial participation is available	102610
under federal law.	102611

(C) All funds collected by the department of job and family	102612
services pursuant to division (B) of this section shall be	102613
distributed to the entities that incurred the costs, except for	102614
any amounts retained by the department pursuant to division (D)(3)	102615
of this section.	102616

(D) In distributing federal financial participation pursuant	102617
to this section, the department may either enter into an agreement	102618
with the entity that is to receive the funds or distribute the	102619
funds in accordance with rules adopted under division (F) of this	102620
section. If the department decides to enter into an agreement to	102621
distribute the funds, the agreement may include terms that do any	102622
of the following:	102623

(1) Provide for the whole or partial reimbursement of any	102624
cost incurred by the entity in implementing the program;	102625

(2) In the event that federal financial participation is	102626
disallowed or otherwise unavailable for any expenditure, require	102627
the department of job and family services or the entity, whichever	102628
party caused the disallowance or unavailability of federal	102629
financial participation, to assume responsibility for the	102630
expenditures;	102631

(3) Permit the department to retain not more than five per	102632
cent of the amount of the federal financial participation to be	102633
distributed to the entity;	102634

(4) Require the public entity to certify the availability of	102635
sufficient unencumbered funds to match the federal financial	102636
participation it receives under this section;	102637

(5) Establish the length of the agreement, which may be for a	102638
fixed or a continuing period of time;	102639

(6) Establish any other requirements determined by the	102640
department to be necessary for the efficient administration of the	102641
agreement.	102642

(E) An entity that receives federal financial participation	102643
pursuant to this section for a program aiding children and their	102644
families shall establish a process for collaborative planning with	102645
the department of job and family services for the use of the funds	102646
to improve and expand the program.	102647

(F) The director of job and family services shall adopt rules	102648
as necessary to implement this section, including rules for the	102649
distribution of federal financial participation pursuant to this	102650
section. The rules shall be adopted in accordance with Chapter	102651
119. of the Revised Code. The director may adopt or amend any	102652
statewide plan required by the federal government for a program	102653
administered by the department, as necessary to implement this	102654
section.	102655

(G) Federal financial participation received pursuant to this	102656
section shall not be included in any calculation made under	102657
section 5101.16 or 5101.161 of the Revised Code.	102658

Sec. 5101.16. (A) As used in this section and sections	102659
5101.161 and 5101.162 of the Revised Code:	102660

(1) "Disability financial assistance" means the financial	102661
assistance program established under Chapter 5115. of the Revised	102662
Code.	102663

(2) ~~"Disability medical assistance" means the medical~~	102664
~~assistance program established under Chapter 5115. of the Revised~~	102665
~~Code.~~	102666

~~(3)~~ "~~Food stamps~~Supplemental nutrition assistance program"	102667
means the program administered by the department of job and family	102668
services pursuant to section 5101.54 of the Revised Code.	102669

~~(4)~~(3) "Medicaid" means the medical assistance program	102670
established by Chapter 5111. of the Revised Code, excluding	102671
transportation services provided under that chapter.	102672

~~(5)~~(4) "Ohio works first" means the program established by	102673
Chapter 5107. of the Revised Code.	102674

~~(6)~~(5) "Prevention, retention, and contingency" means the	102675
program established by Chapter 5108. of the Revised Code.	102676

~~(7)~~(6) "Public assistance expenditures" means expenditures	102677
for all of the following:	102678

(a) Ohio works first;

102679

(b) County administration of Ohio works first;

102680

102681

(d) County administration of prevention, retention, and	102682
contingency;	102683

(e) Disability financial assistance;

102684

(f) ~~Disability medical assistance;~~

102685

~~(g)~~ County administration of disability financial	102686
assistance;	102687

~~(h) County administration of disability medical assistance;~~

102688

~~(i)~~(g) County administration of ~~food stamps~~the supplemental	102689
nutrition assistance program;	102690

~~(j)~~(h) County administration of medicaid.

102691

~~(8)~~(7) "Title IV-A program" has the same meaning as in	102692
section 5101.80 of the Revised Code.	102693

(B) Each board of county commissioners shall pay the county	102694
share of public assistance expenditures in accordance with section	102695
5101.161 of the Revised Code. Except as provided in division (C)	102696
of this section, a county's share of public assistance	102697
expenditures is the sum of all of the following for state fiscal	102698
year 1998 and each state fiscal year thereafter:	102699

(1) The amount that is twenty-five per cent of the county's	102700
total expenditures for disability financial assistance and	102701
~~disability medical assistance and~~ county administration of ~~those~~	102702
~~programs~~that program during the state fiscal year ending in the	102703
previous calendar year that the department of job and family	102704
services determines are allowable.	102705

(2) The amount that is ten per cent, or other percentage	102706
determined under division (D) of this section, of the county's	102707
total expenditures for county administration of ~~food stamps~~the	102708
supplemental nutrition assistance program and medicaid during the	102709
state fiscal year ending in the previous calendar year that the	102710
department determines are allowable, less the amount of federal	102711
reimbursement credited to the county under division (E) of this	102712
section for the state fiscal year ending in the previous calendar	102713
year;	102714

(3) A percentage of the actual amount of the county share of	102715
program and administrative expenditures during federal fiscal year	102716
1994 for assistance and services, other than child care, provided	102717
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.	102718
620 (1935), 42 U.S.C. 301, as those titles existed prior to the	102719
enactment of the "Personal Responsibility and Work Opportunity	102720
Reconciliation Act of 1996," 110 Stat. 2105. The department of job	102721
and family services shall determine the actual amount of the	102722
county share from expenditure reports submitted to the United	102723
States department of health and human services. The percentage	102724
shall be the percentage established in rules adopted under	102725
division (F) of this section.	102726

(C)(1) If a county's share of public assistance expenditures	102727
determined under division (B) of this section for a state fiscal	102728
year exceeds one hundred ten per cent of the county's share for	102729
those expenditures for the immediately preceding state fiscal	102730
year, the department of job and family services shall reduce the	102731
county's share for expenditures under divisions (B)(1) and (2) of	102732
this section so that the total of the county's share for	102733
expenditures under division (B) of this section equals one hundred	102734
ten per cent of the county's share of those expenditures for the	102735
immediately preceding state fiscal year.	102736

(2) A county's share of public assistance expenditures	102737
determined under division (B) of this section may be increased	102738
pursuant to section 5101.163 of the Revised Code and a sanction	102739
under section 5101.24 of the Revised Code. An increase made	102740
pursuant to section 5101.163 of the Revised Code may cause the	102741
county's share to exceed the limit established by division (C)(1)	102742
of this section.	102743

(D)(1) If the per capita tax duplicate of a county is less	102744
than the per capita tax duplicate of the state as a whole and	102745
division (D)(2) of this section does not apply to the county, the	102746
percentage to be used for the purpose of division (B)(2) of this	102747
section is the product of ten multiplied by a fraction of which	102748
the numerator is the per capita tax duplicate of the county and	102749
the denominator is the per capita tax duplicate of the state as a	102750
whole. The department of job and family services shall compute the	102751
per capita tax duplicate for the state and for each county by	102752
dividing the tax duplicate for the most recent available year by	102753
the current estimate of population prepared by the department of	102754
development.	102755

(2) If the percentage of families in a county with an annual	102756
income of less than three thousand dollars is greater than the	102757
percentage of such families in the state and division (D)(1) of	102758
this section does not apply to the county, the percentage to be	102759
used for the purpose of division (B)(2) of this section is the	102760
product of ten multiplied by a fraction of which the numerator is	102761
the percentage of families in the state with an annual income of	102762
less than three thousand dollars a year and the denominator is the	102763
percentage of such families in the county. The department of job	102764
and family services shall compute the percentage of families with	102765
an annual income of less than three thousand dollars for the state	102766
and for each county by multiplying the most recent estimate of	102767
such families published by the department of development, by a	102768
fraction, the numerator of which is the estimate of average annual	102769
personal income published by the bureau of economic analysis of	102770
the United States department of commerce for the year on which the	102771
census estimate is based and the denominator of which is the most	102772
recent such estimate published by the bureau.	102773

(3) If the per capita tax duplicate of a county is less than	102774
the per capita tax duplicate of the state as a whole and the	102775
percentage of families in the county with an annual income of less	102776
than three thousand dollars is greater than the percentage of such	102777
families in the state, the percentage to be used for the purpose	102778
of division (B)(2) of this section shall be determined as follows:	102779

(a) Multiply ten by the fraction determined under division	102780
(D)(1) of this section;	102781

(b) Multiply the product determined under division (D)(3)(a)	102782
of this section by the fraction determined under division (D)(2)	102783
of this section.	102784

(4) The department of job and family services shall	102785
determine, for each county, the percentage to be used for the	102786
purpose of division (B)(2) of this section not later than the	102787
first day of July of the year preceding the state fiscal year for	102788
which the percentage is used.	102789

(E) The department of job and family services shall credit to	102790
a county the amount of federal reimbursement the department	102791
receives from the United States departments of agriculture and	102792
health and human services for the county's expenditures for	102793
administration of ~~food stamps~~the supplemental nutrition	102794
assistance program and medicaid that the department determines are	102795
allowable administrative expenditures.	102796

(F)(1) The director of job and family services shall adopt	102797
rules in accordance with section 111.15 of the Revised Code to	102798
establish all of the following:	102799

(a) The method the department is to use to change a county's	102800
share of public assistance expenditures determined under division	102801
(B) of this section as provided in division (C) of this section;	102802

(b) The allocation methodology and formula the department	102803
will use to determine the amount of funds to credit to a county	102804
under this section;	102805

(c) The method the department will use to change the payment	102806
of the county share of public assistance expenditures from a	102807
calendar-year basis to a state fiscal year basis;	102808

(d) The percentage to be used for the purpose of division	102809
(B)(3) of this section, which shall, except as provided in section	102810
5101.163 of the Revised Code, meet both of the following	102811
requirements:	102812

(i) The percentage shall not be less than seventy-five per	102813
cent nor more than eighty-two per cent;	102814

(ii) The percentage shall not exceed the percentage that the	102815
state's qualified state expenditures is of the state's historic	102816
state expenditures as those terms are defined in 42 U.S.C.	102817
609(a)(7).	102818

(e) Other procedures and requirements necessary to implement	102819
this section.	102820

(2) The director of job and family services may amend the	102821
rule adopted under division (F)(1)(d) of this section to modify	102822
the percentage on determination that the amount the general	102823
assembly appropriates for Title IV-A programs makes the	102824
modification necessary. The rule shall be adopted and amended as	102825
if an internal management rule and in consultation with the	102826
director of budget and management.	102827

Sec. 5101.162. Subject to available federal funds and	102828
appropriations made by the general assembly, the department of job	102829
and family services may, at its sole discretion, use available	102830
federal funds to reimburse county expenditures for county	102831
administration of ~~food stamps~~the supplemental nutrition	102832
assistance program or medicaid even though the county	102833
expenditures meet or exceed the maximum allowable reimbursement	102834
amount established by rules adopted under section 5101.161 of the	102835
Revised Code. The director may adopt internal management rules in	102836
accordance with section 111.15 of the Revised Code to implement	102837
this section.	102838

Sec. 5101.181. (A) As used in this section and section	102839
5101.182 of the Revised Code, "public assistance" includes, in	102840
addition to Ohio works first, all of the following:	102841

(1) Prevention, retention, and contingency;

102842

(2) Medicaid;

102843

(3) Disability financial assistance;

102844

(4) ~~Disability medical assistance;~~

102845

~~(5)~~ General assistance provided prior to July 17, 1995, under	102846
former Chapter 5113. of the Revised Code.	102847

(B) As part of the procedure for the determination of	102848
overpayment to a recipient of public assistance under Chapter	102849
5107., 5108., 5111., or 5115. of the Revised Code, the director of	102850
job and family services shall furnish quarterly the name and	102851
social security number of each individual who receives public	102852
assistance to the director of administrative services, the	102853
administrator of the bureau of workers' compensation, and each of	102854
the state's retirement boards. Within fourteen days after	102855
receiving the name and social security number of an individual who	102856
receives public assistance, the director of administrative	102857
services, administrator, or board shall inform the auditor of	102858
state as to whether such individual is receiving wages or	102859
benefits, the amount of any wages or benefits being received, the	102860
social security number, and the address of the individual. The	102861
director of administrative services, administrator, boards, and	102862
any agent or employee of those officials and boards shall comply	102863
with the rules of the director of job and family services	102864
restricting the disclosure of information regarding recipients of	102865
public assistance. Any person who violates this provision shall	102866
thereafter be disqualified from acting as an agent or employee or	102867
in any other capacity under appointment or employment of any state	102868
board, commission, or agency.	102869

(C) The auditor of state may enter into a reciprocal	102870
agreement with the director of job and family services or	102871
comparable officer of any other state for the exchange of names,	102872
current or most recent addresses, or social security numbers of	102873
persons receiving public assistance under Title IV-A or under	102874
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	102875
U.S.C. 301, as amended.	102876

(D)(1) The auditor of state shall retain, for not less than	102877
two years, at least one copy of all information received under	102878
this section and sections 145.27, 742.41, 3307.20, 3309.22,	102879
4123.27, 5101.182, and 5505.04 of the Revised Code. The auditor	102880
shall review the information to determine whether overpayments	102881
were made to recipients of public assistance under Chapters 5107.,	102882
5108., 5111., and 5115. of the Revised Code. The auditor of state	102883
shall initiate action leading to prosecution, where warranted, of	102884
recipients who received overpayments by forwarding the name of	102885
each recipient who received overpayment, together with other	102886
pertinent information, to the director of job and family services	102887
and the attorney general, to the district director of job and	102888
family services of the district through which public assistance	102889
was received, and to the county director of job and family	102890
services and county prosecutor of the county through which public	102891
assistance was received.	102892

(2) The auditor of state and the attorney general or their	102893
designees may examine any records, whether in computer or printed	102894
format, in the possession of the director of job and family	102895
services or any county director of job and family services. They	102896
shall provide safeguards which restrict access to such records to	102897
purposes directly connected with an audit or investigation,	102898
prosecution, or criminal or civil proceeding conducted in	102899
connection with the administration of the programs and shall	102900
comply with the rules of the director of job and family services	102901
restricting the disclosure of information regarding recipients of	102902
public assistance. Any person who violates this provision shall	102903
thereafter be disqualified from acting as an agent or employee or	102904
in any other capacity under appointment or employment of any state	102905
board, commission, or agency.	102906

(3) Costs incurred by the auditor of state in carrying out	102907
the auditor of state's duties under this division shall be borne	102908
by the auditor of state.	102909

Sec. 5101.24. (A) As used in this section, "responsible	102910
county grantee" means whichever county grantee, as defined in	102911
section 5101.21 of the Revised Code, the director of job and	102912
family services determines is appropriate to take action against	102913
under division (C) of this section.	102914

(B) Regardless of whether a family services duty is performed	102915
by a county family services agency, private or government entity	102916
pursuant to a contract entered into under section 307.982 of the	102917
Revised Code or division (C)(2) of section 5153.16 of the Revised	102918
Code, or private or government provider of a family service duty,	102919
the department of job and family services may take action under	102920
division (C) of this section against the responsible county	102921
grantee if the department determines any of the following are the	102922
case:	102923

(1) A requirement of a grant agreement entered into under	102924
section 5101.21 of the Revised Code that includes a grant for the	102925
family services duty, including a requirement for grant	102926
agreements established by rules adopted under that section, is	102927
not complied with;	102928

(2) A county family services agency fails to develop, submit	102929
to the department, or comply with a corrective action plan under	102930
division (B) of section 5101.221 of the Revised Code, or the	102931
department disapproves the agency's corrective action plan	102932
developed under division (B) of section 5101.221 of the Revised	102933
Code;	102934

(3) A requirement for the family services duty established by	102935
the department or any of the following is not complied with: a	102936
federal or state law, state plan for receipt of federal financial	102937
participation, grant agreement between the department and a	102938
federal agency, or executive order issued by the governor;	102939

(4) The responsible county grantee is solely or partially	102940
responsible, as determined by the director of job and family	102941
services, for an adverse audit finding, adverse quality control	102942
finding, final disallowance of federal financial participation,	102943
or other sanction or penalty regarding the family services duty.	102944

(C) The department may take one or more of the following	102945
actions against the responsible county grantee when authorized by	102946
division (B)(1), (2), (3), or (4) of this section:	102947

(1) Require the responsible county grantee to comply with a	102948
corrective action plan pursuant to a time schedule specified by	102949
the department. The corrective action plan shall be established	102950
or approved by the department and shall not require a county	102951
grantee to commit resources to the plan.	102952

(2) Require the responsible county grantee to comply with a	102953
corrective action plan pursuant to a time schedule specified by	102954
the department. The corrective action plan shall be established	102955
or approved by the department and require a county grantee to	102956
commit to the plan existing resources identified by the agency.	102957

(3) Require the responsible county grantee to do one of the	102958
following:	102959

(a) Share with the department a final disallowance of federal	102960
financial participation or other sanction or penalty;	102961

(b) Reimburse the department the final amount the department	102962
pays to the federal government or another entity that represents	102963
the amount the responsible county grantee is responsible for of	102964
an adverse audit finding, adverse quality control finding, final	102965
disallowance of federal financial participation, or other	102966
sanction or penalty issued by the federal government, auditor of	102967
state, or other entity;	102968

(c) Pay the federal government or another entity the final	102969
amount that represents the amount the responsible county grantee	102970
is responsible for of an adverse audit finding, adverse quality	102971
control finding, final disallowance of federal financial	102972
participation, or other sanction or penalty issued by the federal	102973
government, auditor of state, or other entity;	102974

(d) Pay the department the final amount that represents the	102975
amount the responsible county grantee is responsible for of an	102976
adverse audit finding or adverse quality control finding.	102977

(4) Impose an administrative sanction issued by the	102978
department against the responsible county grantee. A sanction may	102979
be increased if the department has previously taken action	102980
against the responsible entity under this division.	102981

(5) Perform, or contract with a government or private entity	102982
for the entity to perform, the family services duty until the	102983
department is satisfied that the responsible county grantee	102984
ensures that the duty will be performed satisfactorily. If the	102985
department performs or contracts with an entity to perform a	102986
family services duty under division (C)(5) of this section, the	102987
department may do either or both of the following:	102988

(a) Spend funds in the county treasury appropriated by the	102989
board of county commissioners for the duty;	102990

(b) Withhold funds allocated or reimbursements due to the	102991
responsible county grantee for the duty and spend the funds for	102992
the duty.	102993

(6) Request that the attorney general bring mandamus	102994
proceedings to compel the responsible county grantee to take or	102995
cease the action that causes division (B)(1), (2), (3), or (4) of	102996
this section to apply. The attorney general shall bring mandamus	102997
proceedings in the Franklin county court of appeals at the	102998
department's request.	102999

(7) If the department takes action under this division	103000
because of division (B)(3) of this section, temporarily withhold	103001
funds allocated or reimbursement due to the responsible county	103002
grantee until the department determines that the responsible	103003
county grantee is in compliance with the requirement. The	103004
department shall release the funds when the department determines	103005
that compliance has been achieved.	103006

(D) If the department proposes to take action against the	103007
responsible county grantee under division (C) of this section, the	103008
department shall notify the responsible county grantee, director	103009
of the appropriate county family services agency, and county	103010
auditor. The notice shall be in writing and specify the action	103011
the department proposes to take. The department shall send the	103012
notice by regular United States mail.	103013

Except as provided by division (E) of this section, the	103014
responsible county grantee may request an administrative review	103015
of a proposed action in accordance with administrative review	103016
procedures the department shall establish. The administrative	103017
review procedures shall comply with all of the following:	103018

(1) A request for an administrative review shall state	103019
specifically all of the following:	103020

(a) The proposed action specified in the notice from the	103021
department for which the review is requested;	103022

(b) The reason why the responsible county grantee believes	103023
the proposed action is inappropriate;	103024

(c) All facts and legal arguments that the responsible	103025
county grantee wants the department to consider;	103026

(d) The name of the person who will serve as the responsible	103027
county grantee's representative in the review.	103028

(2) If the department's notice specifies more than one	103029
proposed action and the responsible county grantee does not	103030
specify all of the proposed actions in its request pursuant to	103031
division (D)(1)(a) of this section, the proposed actions not	103032
specified in the request shall not be subject to administrative	103033
review and the parts of the notice regarding those proposed	103034
actions shall be final and binding on the responsible county	103035
grantee.	103036

(3) In the case of a proposed action under division (C)(1) of	103037
this section, the responsible county grantee shall have fifteen	103038
calendar days after the department mails the notice to the	103039
responsible county grantee to send a written request to the	103040
department for an administrative review. If it receives such a	103041
request within the required time, the department shall postpone	103042
taking action under division (C)(1) of this section for fifteen	103043
calendar days following the day it receives the request or	103044
extended period of time provided for in division (D)(5) of this	103045
section to allow a representative of the department and a	103046
representative of the responsible county grantee an informal	103047
opportunity to resolve any dispute during that fifteen-day or	103048
extended period.	103049

(4) In the case of a proposed action under division (C)(2),	103050
(3), (4), (5), or (7) of this section, the responsible county	103051
grantee shall have thirty calendar days after the department	103052
mails the notice to the responsible county grantee to send a	103053
written request to the department for an administrative review.	103054
If it receives such a request within the required time, the	103055
department shall postpone taking action under division (C)(2),	103056
(3), (4), (5), or (7) of this section for thirty calendar days	103057
following the day it receives the request or extended period of	103058
time provided for in division (D)(5) of this section to allow a	103059
representative of the department and a representative of the	103060
responsible county grantee an informal opportunity to resolve	103061
any dispute during that thirty-day or extended period.	103062

(5) If the informal opportunity provided in division (D)(3)	103063
or (4) of this section does not result in a written resolution to	103064
the dispute within the fifteen- or thirty-day period, the director	103065
of job and family services and representative of the responsible	103066
county grantee may enter into a written agreement extending the	103067
time period for attempting an informal resolution of the dispute	103068
under division (D)(3) or (4) of this section.	103069

(6) In the case of a proposed action under division (C)(3) of	103070
this section, the responsible county grantee may not include in	103071
its request disputes over a finding, final disallowance of	103072
federal financial participation, or other sanction or penalty	103073
issued by the federal government, auditor of state, or entity	103074
other than the department.	103075

(7) If the responsible county grantee fails to request an	103076
administrative review within the required time, the responsible	103077
county grantee loses the right to request an administrative	103078
review of the proposed actions specified in the notice and the	103079
notice becomes final and binding on the responsible county	103080
grantee.	103081

(8) If the informal opportunity provided in division (D)(3)	103082
or (4) of this section does not result in a written resolution to	103083
the dispute within the time provided by division (D)(3), (4), or	103084
(5) of this section, the director shall appoint an administrative	103085
review panel to conduct the administrative review. The review	103086
panel shall consist of department employees and one director or	103087
other representative of the type of county family services agency	103088
that is responsible for the kind of family services duty that is	103089
the subject of the dispute and serves a different county than the	103090
county served by the responsible county grantee. No individual	103091
involved in the department's proposal to take action against the	103092
responsible county grantee may serve on the review panel. The	103093
review panel shall review the responsible county grantee's	103094
request. The review panel may require that the department or	103095
responsible county grantee submit additional information and	103096
schedule and conduct an informal hearing to obtain testimony or	103097
additional evidence. A review of a proposal to take action under	103098
division (C)(3) of this section shall be limited solely to the	103099
issue of the amount the responsible county grantee shall share	103100
with the department, reimburse the department, or pay to the	103101
federal government, department, or other entity under division	103102
(C)(3) of this section. The review panel is not required to make	103103
a stenographic record of its hearing or other proceedings.	103104

(9) After finishing an administrative review, an	103105
administrative review panel appointed under division (D)(8) of	103106
this section shall submit a written report to the director setting	103107
forth its findings of fact, conclusions of law, and	103108
recommendations for action. The director may approve, modify, or	103109
disapprove the recommendations. If the director modifies or	103110
disapproves the recommendations, the director shall state the	103111
reasons for the modification or disapproval and the actions to be	103112
taken against the responsible county grantee.	103113

(10) The director's approval, modification, or disapproval	103114
under division (D)(9) of this section shall be final and binding	103115
on the responsible county grantee and shall not be subject to	103116
further departmental review.	103117

(E) The responsible county grantee is not entitled to an	103118
administrative review under division (D) of this section for any	103119
of the following:	103120

(1) An action taken under division (C)(6) of this section;

103121

(2) An action taken under section 5101.242 of the Revised	103122
Code;	103123

(3) An action taken under division (C)(3) of this section if	103124
the federal government, auditor of state, or entity other than the	103125
department has identified the responsible county grantee as being	103126
solely or partially responsible for an adverse audit finding,	103127
adverse quality control finding, final disallowance of federal	103128
financial participation, or other sanction or penalty;	103129

(4) An adjustment to an allocation, cash draw, advance, or	103130
reimbursement to a responsible county grantee that the department	103131
determines necessary for budgetary reasons;	103132

(5) Withholding of a cash draw or reimbursement due to	103133
noncompliance with a reporting requirement established in rules	103134
adopted under section 5101.243 of the Revised Code;	103135

(6) An action taken under division (C)(5) of this section if	103136
the department determines that an emergency exists.	103137

(F) This section does not apply to other actions the	103138
department takes against the responsible county grantee pursuant	103139
to authority granted by another state law unless the other state	103140
law requires the department to take the action in accordance with	103141
this section.	103142

(G) The director of job and family services may adopt rules	103143
in accordance with Chapter 119. of the Revised Code as necessary	103144
to implement this section.	103145

Sec. 5101.26. As used in this section and in sections	103146
5101.27 to 5101.30 of the Revised Code:	103147

(A) "County agency" means a county department of job and	103148
family services or a public children services agency.	103149

(B) "Fugitive felon" means an individual who is fleeing to	103150
avoid prosecution, or custody or confinement after conviction,	103151
under the laws of the place from which the individual is fleeing,	103152
for a crime or an attempt to commit a crime that is a felony under	103153
the laws of the place from which the individual is fleeing or, in	103154
the case of New Jersey, a high misdemeanor, regardless of whether	103155
the individual has departed from the individual's usual place of	103156
residence.	103157

(C) "Information" means records as defined in section 149.011	103158
of the Revised Code, any other documents in any format, and data	103159
derived from records and documents that are generated, acquired,	103160
or maintained by the department of job and family services, a	103161
county agency, or an entity performing duties on behalf of the	103162
department or a county agency.	103163

(D) "Law enforcement agency" means the state highway patrol,	103164
an agency that employs peace officers as defined in section 109.71	103165
of the Revised Code, the adult parole authority, a county	103166
department of probation, a prosecuting attorney, the attorney	103167
general, similar agencies of other states, federal law enforcement	103168
agencies, and postal inspectors. "Law enforcement agency" includes	103169
the peace officers and other law enforcement officers employed by	103170
the agency.	103171

(E) "Medical assistance provided under a public assistance	103172
program" means medical assistance provided under the programs	103173
established under sections 5101.49, 5101.50 ~~to 5101.503~~, 5101.51	103174
~~to 5101.5110~~, 5101.52 ~~to 5101.529~~, and 5101.5211 to 5101.5216,	103175
~~Chapters~~Chapter 5111. ~~and 5115.~~, or any other provision of the	103176
Revised Code.	103177

(F) "Public assistance" means financial assistance, medical	103178
assistance, or social services provided under a program	103179
administered by the department of job and family services or a	103180
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	103181
5108., 5111., or 5115. of the Revised Code or an executive order	103182
issued under section 107.17 of the Revised Code.	103183

(G) "Public assistance recipient" means an applicant for or	103184
recipient or former recipient of public assistance.	103185

Sec. 5101.31. Any record, data, pricing information, or	103186
other information regarding a drug rebate agreement or a	103187
supplemental drug rebate agreement for the medicaid program	103188
established under Chapter 5111. of the Revised Code ~~or the~~	103189
~~disability medical assistance program established under section~~	103190
~~5115.10 of the Revised Code~~ that the department of job and family	103191
services receives from a pharmaceutical manufacturer or creates	103192
pursuant to negotiation of the agreement is not a public record	103193
under section 149.43 of the Revised Code and shall be treated by	103194
the department as confidential information.	103195

Sec. 5101.33. (A) As used in this section, "benefits" means	103196
any of the following:	103197

(1) Cash assistance paid under Chapter 5107. or 5115. of the	103198
Revised Code;	103199

(2) ~~Food stamp~~Supplemental nutrition assistance program	103200
benefits provided under section 5101.54 of the Revised Code;	103201

(3) Any other program administered by the department of job	103202
and family services under which assistance is provided or service	103203
rendered;	103204

(4) Any other program, service, or assistance administered by	103205
a person or government entity that the department determines may	103206
be delivered through the medium of electronic benefit transfer.	103207

(B) The department of job and family services may make any	103208
payment or delivery of benefits to eligible individuals through	103209
the medium of electronic benefit transfer by doing all of the	103210
following:	103211

(1) Contracting with an agent to supply debit cards to the	103212
department of job and family services for use by such individuals	103213
in accessing their benefits and to credit such cards	103214
electronically with the amounts specified by the director of job	103215
and family services pursuant to law;	103216

(2) Informing such individuals about the use of the	103217
electronic benefit transfer system and furnishing them with debit	103218
cards and information that will enable them to access their	103219
benefits through the system;	103220

(3) Arranging with specific financial institutions or	103221
vendors, county departments of job and family services, or persons	103222
or government entities for individuals to have their cards	103223
credited electronically with the proper amounts at their	103224
facilities;	103225

(4) Periodically preparing vouchers for the payment of such	103226
benefits by electronic benefit transfer;	103227

(5) Satisfying any applicable requirements of federal and	103228
state law.	103229

(C) The department may enter into a written agreement with	103230
any person or government entity to provide benefits administered	103231
by that person or entity through the medium of electronic benefit	103232
transfer. A written agreement may require the person or government	103233
entity to pay to the department either or both of the following:	103234

(1) A charge that reimburses the department for all costs the	103235
department incurs in having the benefits administered by the	103236
person or entity provided through the electronic benefit transfer	103237
system;	103238

(2) A fee for having the benefits provided through the	103239
electronic benefit transfer system.	103240

(D) The department may designate which counties will	103241
participate in the medium of electronic benefit transfer, specify	103242
the date a designated county will begin participation, and specify	103243
which benefits will be provided through the medium of electronic	103244
benefit transfer in a designated county.	103245

(E) The department may adopt rules in accordance with Chapter	103246
119. of the Revised Code for the efficient administration of this	103247
section.	103248

Sec. 5101.34. (A) There is hereby created in the department	103249
of job and family services the Ohio commission on fatherhood. The	103250
commission shall consist of the following members:	103251

(1)(a) Four members of the house of representatives appointed	103252
by the speaker of the house, not more than two of whom are members	103253
of the same political party. Two of the members must be from	103254
legislative districts that include a county or part of a county	103255
that is among the one-third of counties in this state with the	103256
highest number per capita of households headed by females.	103257

(b) Two members of the senate appointed by the president of	103258
the senate, each from a different political party. One of the	103259
members must be from a legislative district that includes a county	103260
or part of a county that is among the one-third of counties in	103261
this state with the highest number per capita of households headed	103262
by females.	103263

(2) The governor, or the governor's designee;

103264

(3) One representative of the judicial branch of government	103265
appointed by the chief justice of the supreme court;	103266

(4) The directors of health, job and family services,	103267
rehabilitation and correction, alcohol and drug addiction	103268
services, and youth services and the superintendent of public	103269
instruction, or their designees;	103270

(5) One representative of the Ohio family and children first	103271
cabinet council created under section 121.37 of the Revised Code	103272
appointed by the chairperson of the council;	103273

(6) Five representatives of the general public appointed by	103274
the governor. These members shall have extensive experience in	103275
issues related to fatherhood.	103276

(B) The appointing authorities of the Ohio commission on	103277
fatherhood shall make initial appointments to the commission	103278
within thirty days after ~~the effective date of this section~~	103279
September29, 1999. Of the initial appointments to the commission	103280
made pursuant to divisions (A)(3), (5), and (6) of this section,	103281
three of the members shall serve a term of one year and four shall	103282
serve a term of two years. Members so appointed subsequently shall	103283
serve two-year terms. A member appointed pursuant to division	103284
(A)(1) of this section shall serve on the commission until the end	103285
of the general assembly from which the member was appointed or	103286
until the member ceases to serve in the chamber of the general	103287
assembly in which the member serves at the time of appointment,	103288
whichever occurs first. The governor or the governor's designee	103289
shall serve on the commission until the governor ceases to be	103290
governor. The directors and superintendent or their designees	103291
shall serve on the commission until they cease, or the director or	103292
superintendent a designee represents ceases, to be director or	103293
superintendent. Each member shall serve on the commission from the	103294
date of appointment until the end of the term for which the member	103295
was appointed. Members may be reappointed.	103296

Vacancies shall be filled in the manner provided for original	103297
appointments. Any member appointed to fill a vacancy occurring	103298
prior to the expiration date of the term for which the member's	103299
predecessor was appointed shall serve on the commission for the	103300
remainder of that term. A member shall continue to serve on the	103301
commission subsequent to the expiration date of the member's term	103302
until the member's successor is appointed or until a period of	103303
sixty days has elapsed, whichever occurs first. Members shall	103304
serve without compensation but shall be reimbursed for necessary	103305
expenses.	103306

Sec. 5101.36. Any application for public assistance gives a	103307
right of subrogation to the department of job and family services	103308
for any workers' compensation benefits payable to a person who is	103309
subject to a support order, as defined in section 3119.01 of the	103310
Revised Code, on behalf of the applicant, to the extent of any	103311
public assistance payments made on the applicant's behalf. If the	103312
director of job and family services, in consultation with a child	103313
support enforcement agency and the administrator of the bureau of	103314
workers' compensation, determines that a person responsible for	103315
support payments to a recipient of public assistance is receiving	103316
workers' compensation, the director shall notify the administrator	103317
of the amount of the benefit to be paid to the department of job	103318
and family services.	103319

For purposes of this section, "public assistance" means	103320
medical assistance provided through the medical assistance program	103321
established under section 5111.01 of the Revised Code; Ohio works	103322
first provided under Chapter 5107. of the Revised Code;	103323
prevention, retention, and contingency benefits and services	103324
provided under Chapter 5108. of the Revised Code; or disability	103325
financial assistance provided under Chapter 5115. of the Revised	103326
Code~~; or disability medical assistance provided under Chapter~~	103327
~~5115. of the Revised Code~~.	103328

Sec. 5101.47. (A) Except as provided in division (B) of	103329
this section, the director of job and family services may accept	103330
applications, determine eligibility, redetermine eligibility, and	103331
perform related administrative activities for one or more of the	103332
following:	103333

(1) The medicaid program established by Chapter 5111. of the	103334
Revised Code;	103335

(2) The children's health insurance program parts I, II, and	103336
III provided for under sections 5101.50, 5101.51, and 5101.52 of	103337
the Revised Code;	103338

(3) Publicly funded child care provided under Chapter 5104.	103339
of the Revised Code;	103340

(4) The ~~food stamp~~supplemental nutrition assistance program	103341
administered by the department of job and family services	103342
pursuant to section 5101.54 of the Revised Code;	103343

(5) Other programs the director determines are supportive of	103344
children, adults, or families;	103345

(6) Other programs regarding which the director determines	103346
administrative cost savings and efficiency may be achieved through	103347
the department accepting applications, determining eligibility,	103348
redetermining eligibility, or performing related administrative	103349
activities.	103350

(B) If federal law requires a face-to-face interview to	103351
complete an eligibility determination for a program specified in	103352
or pursuant to division (A) of this section, the face-to-face	103353
interview shall not be conducted by the department of job and	103354
family services.	103355

(C) Subject to division (B) of this section, if the director	103356
elects to accept applications, determine eligibility, redetermine	103357
eligibility, and perform related administrative activities for a	103358
program specified in or pursuant to division (A) of this section,	103359
both of the following apply:	103360

(1) An individual seeking services under the program may	103361
apply for the program to the director or to the entity that state	103362
law governing the program authorizes to accept applications for	103363
the program.	103364

(2) The director is subject to federal statutes and	103365
regulations and state statutes and rules that require, permit, or	103366
prohibit an action regarding accepting applications, determining	103367
or redetermining eligibility, and performing related	103368
administrative activities for the program.	103369

(D) The director may adopt rules as necessary to implement	103370
this section.	103371

Sec. 5101.50. (A) As used in sections 5101.50 to ~~5101.529~~	103372
5101.5210 of the Revised Code:	103373

(1) "Children's health insurance program" means the program	103374
authorized by Title XXI of the "Social Security Act," 111 Stat.	103375
552 (1997), 42 U.S.C.A. 1397aa.	103376

(2) "Federal poverty guidelines" has the same meaning as in	103377
section 5101.46 of the Revised Code.	103378

(B) The director of job and family services may continue to	103379
operate the children's health insurance program initially	103380
authorized by an executive order issued under section 107.17 of	103381
the Revised Code as long as federal financial participation is	103382
available for the program. If operated, the program shall provide	103383
health assistance to uninsured individuals under nineteen years of	103384
age with family incomes not exceeding one hundred fifty per cent	103385
of the federal poverty guidelines. In accordance with 42 U.S.C.A.	103386
1397aa, the director may provide for the health assistance to meet	103387
the requirements of 42 U.S.C.A. 1397cc, to be provided under the	103388
medicaid program established under Chapter 5111. of the Revised	103389
Code, or to be a combination of both.	103390

Sec. 5101.504. (A) A school-based health center, as defined	103391
in 42 U.S.C. 1397jj(c)(9), may furnish health assistance services	103392
that the children's health insurance program part I covers if the	103393
center meets the requirements applicable to other providers	103394
providing those services.	103395

(B) The director may adopt rules under section 5101.502 of	103396
the Revised Code pertaining to the billing, reimbursement, and	103397
data collection for school-based health centers.	103398

Sec. 5101.5110. (A) A school-based health center, as defined	103399
in 42 U.S.C. 1397jj(c)(9), may furnish health assistance services	103400
that the children's health insurance program part II covers if the	103401
center meets the requirements applicable to other providers	103402
providing those services.	103403

(B) The director may adopt rules under section 5101.512 of	103404
the Revised Code pertaining to the billing, reimbursement, and	103405
data collection for school-based health centers.	103406

~~Sec. 5101.5110.~~ Sec. 5101.5111. (A) The director of job and family	103407
services may submit a waiver request to the United States	103408
secretary of health and human services to provide health	103409
assistance to any individual who meets all of the following	103410
requirements:	103411

(1) Is the parent of a child under nineteen years of age who	103412
resides with the parent and is eligible for health assistance	103413
under the children's health insurance program part I or II or the	103414
medicaid program established under Chapter 5111. of the Revised	103415
Code;	103416

(2) Is uninsured;

103417

(3) Has a family income that does not exceed one hundred per	103418
cent of the federal poverty guidelines.	103419

(B) A waiver request the director submits under division (A)	103420
of this section may seek federal funds allotted to the state under	103421
Title XXI of the "Social Security Act," 111 Stat. 558 (1997), 42	103422
U.S.C.A. 1397dd, as amended, that are not otherwise used to fund	103423
the children's health insurance program parts I and II.	103424

(C) If a waiver request the director submits under division	103425
(A) of this section is granted, the director may adopt rules in	103426
accordance with Chapter 119. of the Revised Code as necessary for	103427
the efficient administration of the program authorization by the	103428
waiver.	103429

Sec. 5101.5210. (A) A school-based health center, as defined	103430
in 42 U.S.C. 1397jj(c)(9), may furnish health assistance services	103431
that the children's health insurance program part III covers if	103432
the center meets the requirements applicable to other providers	103433
providing those services.	103434

(B) The director may adopt rules under section 5101.522 of	103435
the Revised Code pertaining to the billing, reimbursement, and	103436
data collection for school-based health centers.	103437

Sec. 5101.5212. (A) Under the children's buy-in program	103438
and subject to section 5101.5213 of the Revised Code, an	103439
individual who does both of the following in accordance with	103440
rules adopted under section 5101.5215 of the Revised Code	103441
qualifies for medical assistance under the program, unless the	103442
director of job and family services has adopted rules under	103443
division (B) of section 5101.5215 of the Revised Code to limit	103444
the number of individuals who may participate in the program at	103445
one time and the program is serving the maximum number of	103446
individuals specified in the rules:	103447

~~(A)~~(1) Applies for the children's buy-in program;

103448

~~(B)~~(2) Provides satisfactory evidence of all of the	103449
following:	103450

~~(1)~~(a) That the individual is under nineteen years of age;

103451

~~(2)~~(b) That the individual's countable family income exceeds	103452
~~two~~three hundred ~~fifty~~ per cent of the federal poverty	103453
guidelines;	103454

~~(3) That~~(c) Except as provided in division (B) of this	103455
section, that the individual has not had creditable coverage for	103456
at least ~~six~~three months before enrolling in the children's	103457
buy-in program~~, unless the individual lost the only creditable~~	103458
~~coverage available to the individual because the individual~~	103459
~~exhausted a lifetime benefit limitation;~~	103460

~~(4) That one or more of the following apply to the~~	103461
~~individual:~~	103462

~~(a) The individual is unable to obtain creditable coverage~~	103463
~~due to a pre-existing condition of the individual;~~	103464

~~(b) The individual lost the only creditable coverage~~	103465
~~available to the individual because the individual has exhausted~~	103466
~~a lifetime benefit limitation;~~	103467

~~(c) The premium for the only creditable coverage available to~~	103468
~~the individual is greater than two hundred per cent of the premium~~	103469
~~applicable to the individual under the children's buy-in program;~~	103470

~~(d) The individual participates in the program for medically~~	103471
~~handicapped children~~.	103472

~~(5)~~(d) That the individual meets the additional eligibility	103473
requirements for the children's buy-in program established in	103474
rules adopted under section 5101.5215 of the Revised Code.	103475

(B) Division (A)(2)(c) of this section does not apply to an	103476
individual who meets both of the following requirements:	103477

(1) At least one of the following applies to the individual:

103478

(a) The individual's parents are involuntarily unemployed.

103479

(b) At least one of the individual's parents is unable to	103480
find work due to a disabling condition.	103481

(c) At least one of the individual's parents involuntarily	103482
lost creditable coverage for the individual.	103483

(d) The individual has creditable coverage under COBRA	103484
continuation coverage as defined in 42 U.S.C. 1396a(u)(3).	103485

(2) At least one of the following applies to the individual:

103486

(a) The cost of the least expensive creditable coverage	103487
available to the individual is greater than ten per cent of the	103488
individual's countable family income.	103489

(b) The premium for the creditable coverage with the lowest	103490
premium available to the individual is greater than one hundred	103491
fifty per cent of the premium applicable to the individual under	103492
the children's buy-in program.	103493

(c) The individual is unable to obtain creditable coverage	103494
due to a pre-existing condition of the individual.	103495

(d) The individual lost the only creditable coverage	103496
available to the individual because the individual has exhausted a	103497
lifetime benefit limitation.	103498

(e) The individual participates in the program for medically	103499
handicapped children.	103500

Sec. 5101.5213. (A) An individual participating in the	103501
children's buy-in program shall be charged a monthly premium	103502
established by rules adopted under section 5101.5215 of the	103503
Revised Code. The amount of the monthly premium shall not be less	103504
than the following:	103505

(1) In the case of an individual with countable family income	103506
exceeding ~~two~~three hundred ~~fifty~~ per cent but not exceeding	103507
four hundred per cent of the federal poverty guidelines, the	103508
following amount:	103509

(a) If no other member of the individual's family receives	103510
medical assistance under the program with the individual, one	103511
hundred dollars;	103512

(b) If one or more members of the individual's family receive	103513
medical assistance under the program with the individual, one	103514
hundred fifty dollars.	103515

(2) In the case of an individual with countable family income	103516
exceeding four hundred per cent but not exceeding five hundred	103517
per cent of the federal poverty guidelines, the following	103518
amount:	103519

(a) If no other member of the individual's family receives	103520
medical assistance under the program with the individual, one	103521
hundred twenty-five dollars;	103522

(b) If one or more members of the individual's family receive	103523
medical assistance under the program with the individual, one	103524
hundred seventy-five dollars.	103525

(3) In the case of an individual with countable family	103526
income exceeding five hundred per cent of the federal poverty	103527
guidelines, the full amount of the actuarially determined cost	103528
of the premium.	103529

(B) If the premium for the children's buy-in program is not	103530
paid for two consecutive months, the individual shall lose	103531
eligibility for the program. The individual may not resume	103532
participation in the program until the unpaid premiums that	103533
accrued before the individual lost eligibility are paid.	103534

Sec. 5101.54. (A) The director of job and family services	103535
shall administer the ~~food stamp~~supplemental nutrition assistance	103536
program in accordance with the "Food ~~Stamp~~and Nutrition Act of	103537
~~1977," 91 Stat. 958,~~2008 (7 U.S.C.A. 2011~~, as amended~~et seq).	103538
The department may:	103539

(1) Prepare and submit to the secretary of the United States	103540
department of agriculture a plan for the administration of the	103541
~~food stamp~~supplemental nutrition assistance program;	103542

(2) Prescribe forms for applications, certificates, reports,	103543
records, and accounts of county departments of job and family	103544
services, and other matters;	103545

(3) Require such reports and information from each county	103546
department of job and family services as may be necessary and	103547
advisable;	103548

(4) Administer and expend any sums appropriated by the	103549
general assembly for the purposes of ~~this section~~the supplemental	103550
nutrition assistance program and all sums paid to the state by the	103551
United States as authorized by the Food ~~Stamp~~and Nutrition Act of	103552
~~1977~~2008;	103553

(5) Conduct such investigations as are necessary;

103554

(6) Enter into interagency agreements and cooperate with	103555
investigations conducted by the department of public safety,	103556
including providing information for investigative purposes,	103557
exchanging property and records, passing through federal financial	103558
participation, modifying any agreements with the United States	103559
department of agriculture, providing for the supply, security, and	103560
accounting of ~~food stamp~~supplemental nutrition assistance program	103561
benefits for investigative purposes, and meeting any other	103562
requirements necessary for the detection and deterrence of illegal	103563
activities in the ~~state food stamp~~supplemental nutrition	103564
assistance program;	103565

(7) Adopt rules in accordance with Chapter 119. of the	103566
Revised Code governing employment and training requirements of	103567
recipients of ~~food stamp~~supplemental nutrition assistance program	103568
benefits, including rules specifying which recipients are subject	103569
to the requirements and establishing sanctions for failure to	103570
satisfy the requirements. The rules shall be consistent with 7	103571
U.S.C.A. 2015 and, to the extent practicable, may provide for ~~food~~	103572
~~stamp benefit~~the recipients to participate in work activities,	103573
developmental activities, and alternative work activities	103574
established under sections 5107.40 to 5107.69 of the Revised Code	103575
that are comparable to programs authorized by 7 U.S.C.A.	103576
2015(d)(4). The rules may reference rules adopted under section	103577
5107.05 of the Revised Code governing work activities,	103578
developmental activities, and alternative work activities	103579
established under sections 5107.40 to 5107.69 of the Revised Code.	103580

(8) Adopt rules in accordance with section 111.15 of the	103581
Revised Code that are consistent with the Food ~~Stamp~~and Nutrition	103582
Act of ~~1977~~2008, as amended, and regulations adopted thereunder	103583
governing the following:	103584

(a) Eligibility requirements for the ~~food stamp~~supplemental	103585
nutrition assistance program;	103586

(b) Sanctions for failure to comply with eligibility	103587
requirements;	103588

(c) Allotment of ~~food stamp~~supplemental nutrition assistance	103589
program benefits;	103590

(d) To the extent permitted under federal statutes and	103591
regulations, a system under which some or all recipients of ~~food~~	103592
~~stamp~~supplemental nutrition assistance program benefits subject	103593
to employment and training requirements established by rules	103594
adopted under division (A)(7) of this section receive ~~food stamp~~	103595
the benefits after satisfying the requirements;	103596

(e) Administration of the program by county departments of	103597
job and family services;	103598

(f) Other requirements necessary for the efficient	103599
administration of the program.	103600

(9) Submit a plan to the United States secretary of	103601
agriculture for the department of job and family services to	103602
operate a simplified ~~food stamp~~supplemental nutrition assistance	103603
program pursuant to 7 U.S.C.A. 2035 under which requirements	103604
governing the Ohio works first program established under Chapter	103605
5107. of the Revised Code also govern the ~~food stamp~~supplemental	103606
nutrition assistance program in the case of households receiving	103607
~~food stamp~~supplemental nutrition assistance program benefits and	103608
participating in Ohio works first.	103609

(B) ~~Except while in the custody of the United States postal~~	103610
~~service, food stamps and any document necessary to obtain food~~	103611
~~stamps are the property of the department of job and family~~	103612
~~services from the time they are received in accordance with~~	103613
~~federal regulations by the department from the federal agency~~	103614
~~responsible for such delivery until they are received by a~~	103615
~~household entitled to receive them or by the authorized~~	103616
~~representative of the household.~~	103617

~~(C)~~ A household that is entitled to receive ~~food stamps under~~	103618
~~the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as~~	103619
~~amended,~~supplemental nutrition assistance program benefits and	103620
that is determined to be in immediate need of ~~food~~nutrition	103621
assistance, shall receive certification of eligibility for program	103622
benefits, pending verification, within twenty-four hours, or, if	103623
mitigating circumstances occur, within seventy-two hours, after	103624
application, if:	103625

(1) The results of the application interview indicate that	103626
the household will be eligible upon full verification;	103627

(2) Information sufficient to confirm the statements in the	103628
application has been obtained from at least one additional source,	103629
not a member of the applicant's household. Such information shall	103630
be recorded in the case file, and shall include:	103631

(a) The name of the person who provided the name of the	103632
information source;	103633

(b) The name and address of the information source;

103634

103635

The period of temporary eligibility shall not exceed one	103636
month from the date of certification of temporary eligibility. If	103637
eligibility is established by full verification, benefits shall	103638
continue without interruption as long as eligibility continues.	103639

At the time of application, the county department of job and	103640
family services shall provide to a household described in this	103641
division a list of community assistance programs that provide	103642
emergency food.	103643

~~(D)~~(C) All applications shall be approved or denied through	103644
full verification within thirty days from receipt of the	103645
application by the county department of job and family services.	103646

~~(E)~~(D) Nothing in this section shall be construed to prohibit	103647
the certification of households that qualify under federal	103648
regulations to receive ~~food stamps~~supplemental nutrition	103649
assistance program benefits without charge under the "Food ~~Stamp~~	103650
and Nutrition Act of ~~1977," 91 Stat. 958, 7 U.S.C.A. 2011, as~~	103651
~~amended~~2008.	103652

~~(F)~~(E) Any person who applies for ~~food stamps under this~~	103653
~~section~~the supplemental nutrition assistance program shall	103654
receive a voter registration application under section 3503.10 of	103655
the Revised Code.	103656

Sec. 5101.541. The ~~food stamp~~supplemental nutrition	103657
assistance program fund is hereby created in the state treasury.	103658
The fund shall consist of federal reimbursement for ~~food stamp~~	103659
supplemental nutrition assistance program administrative expenses	103660
and other ~~food stamp~~supplemental nutrition assistance program	103661
expenses. The department of job and family services shall use the	103662
money credited to the fund to pay for ~~food stamp~~supplemental	103663
nutrition assistance program administrative expenses and other	103664
~~food stamp~~supplemental nutrition assistance program expenses.	103665

Sec. 5101.542. Immediately following a county department of	103666
job and family services' certification that a household determined	103667
under division (B) of section 5101.54 of the Revised Code to be in	103668
immediate need of nutrition assistance is eligible for the	103669
supplemental nutrition assistance program, the department of job	103670
and family services shall provide for the household to be sent by	103671
regular United States mail an electronic benefit transfer card	103672
containing the amount of benefits the household is eligible to	103673
receive under the program. The card shall be sent to the member	103674
of the household in whose name application for the supplemental	103675
nutrition assistance program was made or that member's authorized	103676
representative.	103677

Sec. 5101.544. If the benefits of a household are reduced	103678
under a federal, state, or local means-tested public assistance	103679
program for failure of a member of the household to perform an	103680
action required under the program, the household may not receive,	103681
for the duration of the reduction, an increased allotment of ~~food~~	103682
~~stamp~~supplemental nutrition assistance program benefits as the	103683
result of a decrease in the income of the household to the extent	103684
that the decrease is the result of the reduction.	103685

The department of job and family services shall adopt rules	103686
in accordance with Chapter 119. of the Revised Code to implement	103687
this section. The rules shall be consistent with 7 U.S.C.A.	103688
2017(d) and federal regulations.	103689

Sec. 5101.571. As used in sections 5101.571 to 5101.591 of	103690
the Revised Code:	103691

(A) "Information" means all of the following:

103692

(1) An individual's name, address, date of birth, and social	103693
security number;	103694

(2) The group or plan number, or other identifier, assigned	103695
by a third party to a policy held by an individual or a plan in	103696
which the individual participates and the nature of the coverage;	103697

(3) Any other data the director of job and family services	103698
specifies in rules adopted under section 5101.591 of the Revised	103699
Code.	103700

(B) "Medical assistance" means medical items or services	103701
provided under any of the following:	103702

(1) Medicaid, as defined in section 5111.01 of the Revised	103703
Code;	103704

(2) The children's health insurance program part I, part II,	103705
and part III established under sections 5101.50 ~~to 5101.529~~,	103706
5101.51, and 5101.52 of the Revised Code;	103707

(3) ~~The disability medical assistance program established~~	103708
~~under Chapter 5115. of the Revised Code;~~	103709

~~(4)~~ The children's buy-in program established under sections	103710
5101.5211 to 5101.5216 of the Revised Code.	103711

(C) "Medical support" means support specified as support for	103712
the purpose of medical care by order of a court or administrative	103713
agency.	103714

(D) "Public assistance" means medical assistance or	103715
assistance under the Ohio works first program established under	103716
Chapter 5107. of the Revised Code.	103717

(E)(1) Subject to division (E)(2) of this section, and except	103718
as provided in division (E)(3) of this section, "third party"	103719
means all of the following:	103720

(a) A person authorized to engage in the business of sickness	103721
and accident insurance under Title XXXIX of the Revised Code;	103722

(b) A person or governmental entity providing coverage for	103723
medical services or items to individuals on a self-insurance	103724
basis;	103725

(c) A health insuring corporation as defined in section	103726
1751.01 of the Revised Code;	103727

(d) A group health plan as defined in 29 U.S.C. 1167;

103728

(e) A service benefit plan as referenced in 42 U.S.C.	103729
1396a(a)(25);	103730

(f) A managed care organization;

103731

(g) A pharmacy benefit manager;

103732

(h) A third party administrator;

103733

(i) Any other person or governmental entity that is, by law,	103734
contract, or agreement, responsible for the payment or processing	103735
of a claim for a medical item or service for a public assistance	103736
recipient or participant.	103737

(2) Except when otherwise provided by 42 U.S.C. 1395y(b), a	103738
person or governmental entity listed in division (E)(1) of this	103739
section is a third party even if the person or governmental entity	103740
limits or excludes payments for a medical item or service in the	103741
case of a public assistance recipient.	103742

(3) "Third party" does not include the program for medically	103743
handicapped children established under section 3701.023 of the	103744
Revised Code.	103745

Sec. 5101.573. (A) Subject to divisions (B) and (C) of this	103746
section, a third party shall do all of the following:	103747

(1) Accept the department of job and family services' right	103748
of recovery under section 5101.58 of the Revised Code and the	103749
assignment of rights to the department that are described in	103750
section 5101.59 of the Revised Code.;	103751

(2) Respond to an inquiry by the department regarding a claim	103752
for payment of a medical item or service that was submitted to the	103753
third party not later than three years after the date of the	103754
provision of such medical item or service;	103755

(3) Pay a claim described in division (A)(2) of this section;

103756

(4) Not deny a claim submitted by the department solely on	103757
the basis of the date of submission of the claim, type or format	103758
of the claim form, or a failure by the medical assistance	103759
recipient who is the subject of the claim to present proper	103760
documentation of coverage at the time of service, if both of the	103761
following are true:	103762

(a) The claim was submitted by the department not later than	103763
three years after the date of the provision of the medical item or	103764
service;.	103765

(b) An action by the department to enforce its right of	103766
recovery under section 5101.58 of the Revised Code on the claim	103767
was commenced not later than six years after the department's	103768
submission of the claim.	103769

(5) Consider the department's payment of a claim for a	103770
medical item or service to be the equivalent of the medical	103771
assistance recipient having obtained prior authorization for the	103772
item or service from the third party;	103773

(6) Not deny a claim described in division (A)(5) of this	103774
section that is submitted by the department solely on the basis of	103775
the medical assistance recipient's failure to obtain prior	103776
authorization for the medical item or service.	103777

(B) For purposes of the requirements in division (A) of this	103778
section, a third party shall treat a managed care organization as	103779
the department for a claim in which both of the following are	103780
true:	103781

(1) The individual who is the subject of the claim received a	103782
medical item or service through a managed care organization that	103783
has entered into a contract with the department of job and family	103784
services under section ~~5111.16~~5111.17 of the Revised Code;	103785

(2) The department has assigned its right of recovery for the	103786
claim to the managed care organization.	103787

(C) The time limitations associated with the requirements in	103788
divisions (A)(2) and (A)(4) of this section apply only to	103789
submissions of claims to, and payments of claims by, a health	103790
insurer to which 42 U.S.C. 1396a(a)(25)(I) applies.	103791

Sec. 5101.58. (A) The acceptance of public assistance gives	103792
an automatic right of recovery to the department of job and	103793
family services and a county department of job and family services	103794
against the liability of a third party for the cost of medical	103795
assistance paid on behalf of the public assistance recipient or	103796
participant. When an action or claim is brought against a third	103797
party by a public assistance recipient or participant, any	103798
payment, settlement or compromise of the action or claim, or any	103799
court award or judgment, is subject to the recovery right of the	103800
department of job and family services or county department of job	103801
and family services. Except in the case of a recipient or	103802
participant who receives medical assistance through a managed	103803
care organization, the department's or county department's claim	103804
shall not exceed the amount of medical assistance paid by a	103805
department on behalf of the recipient or participant. A payment,	103806
settlement, compromise, judgment, or award that excludes the	103807
cost of medical assistance paid for by a department shall not	103808
preclude a department from enforcing its rights under this	103809
section.	103810

(B) In the case of a recipient or participant who receives	103811
medical assistance through a managed care organization, the	103812
amount of the department's or county department's claim shall be	103813
the amount the managed care organization pays for medical	103814
assistance rendered to the recipient or participant, even if that	103815
amount is more than the amount a department pays to the managed	103816
care organization for the recipient's or participant's medical	103817
assistance.	103818

(C) A recipient or participant, and the recipient's or	103819
participant's attorney, if any, shall cooperate with the	103820
departments. In furtherance of this requirement, the recipient or	103821
participant, or the recipient's or participant's attorney, if	103822
any, shall, not later than thirty days after initiating informal	103823
recovery activity or filing a legal recovery action against a	103824
third party, provide written notice of the activity or action to	103825
the ~~appropriate department or departments as follows:~~	103826

~~(1) To only the~~ department of job and family services when	103827
medical assistance under medicaid or the children's buy-in program	103828
has been paid;	103829

~~(2) To the department of job and family services and the~~	103830
~~appropriate county department of job and family services when~~	103831
~~medical assistance under the disability medical assistance program~~	103832
~~has been paid~~.	103833

(D) The written notice that must be given under division (C)	103834
of this section shall disclose the identity and address of any	103835
third party against whom the recipient or participant has or may	103836
have a right of recovery.	103837

(E) No settlement, compromise, judgment, or award or any	103838
recovery in any action or claim by a recipient or participant	103839
where the departments have a right of recovery shall be made final	103840
without first giving the appropriate departments written notice as	103841
described in division (C) of this section and a reasonable	103842
opportunity to perfect their rights of recovery. If the	103843
departments are not given the appropriate written notice, the	103844
recipient or participant and, if there is one, the recipient's or	103845
participant's attorney, are liable to reimburse the departments	103846
for the recovery received to the extent of medical payments made	103847
by the departments.	103848

(F) The departments shall be permitted to enforce their	103849
recovery rights against the third party even though they accepted	103850
prior payments in discharge of their rights under this section if,	103851
at the time the departments received such payments, they were not	103852
aware that additional medical expenses had been incurred but had	103853
not yet been paid by the departments. The third party becomes	103854
liable to the department of job and family services or county	103855
department of job and family services as soon as the third party	103856
is notified in writing of the valid claims for recovery under this	103857
section.	103858

(G)(1) Subject to division (G)(2) of this section, the right	103859
of recovery of a department does not apply to that portion of any	103860
judgment, award, settlement, or compromise of a claim, to the	103861
extent of attorneys' fees, costs, or other expenses incurred by a	103862
recipient or participant in securing the judgment, award,	103863
settlement, or compromise, or to the extent of medical, surgical,	103864
and hospital expenses paid by such recipient or participant from	103865
the recipient's or participant's own resources.	103866

(2) Reasonable attorneys' fees, not to exceed one-third of	103867
the total judgment, award, settlement, or compromise, plus costs	103868
and other expenses incurred by the recipient or participant in	103869
securing the judgment, award, settlement, or compromise, shall	103870
first be deducted from the total judgment, award, settlement, or	103871
compromise. After fees, costs, and other expenses are deducted	103872
from the total judgment, award, settlement, or compromise, the	103873
department of job and family services or appropriate county	103874
department of job and family services shall receive no less than	103875
one-half of the remaining amount, or the actual amount of medical	103876
assistance paid, whichever is less.	103877

(H) A right of recovery created by this section may be	103878
enforced separately or jointly by the department of job and family	103879
services or the appropriate county department of job and family	103880
services. To enforce their recovery rights, the departments may do	103881
any of the following:	103882

(1) Intervene or join in any action or proceeding brought by	103883
the recipient or participant or on the recipient's or	103884
participant's behalf against any third party who may be liable for	103885
the cost of medical assistance paid;	103886

(2) Institute and pursue legal proceedings against any third	103887
party who may be liable for the cost of medical assistance paid;	103888

(3) Initiate legal proceedings in conjunction with any	103889
injured, diseased, or disabled recipient or participant or the	103890
recipient's or participant's attorney or representative.	103891

(I) A recipient or participant shall not assess attorney	103892
fees, costs, or other expenses against the department of job and	103893
family services or a county department of job and family services	103894
when the department or county department enforces its right of	103895
recovery created by this section.	103896

(J) The right of recovery given to the department under this	103897
section does not include rights to support from any other person	103898
assigned to the state under sections 5107.20 and 5115.07 of the	103899
Revised Code, but includes payments made by a third party under	103900
contract with a person having a duty to support.	103901

Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the	103902
Revised Code:	103903

(A) "Abuse" means the infliction upon an adult by self or	103904
others of injury, unreasonable confinement, intimidation, or cruel	103905
punishment with resulting physical harm, pain, or mental anguish.	103906

(B) "Adult" means any person sixty years of age or older	103907
within this state who is handicapped by the infirmities of aging	103908
or who has a physical or mental impairment which prevents the	103909
person from providing for the person's own care or protection, and	103910
who resides in an independent living arrangement. An "independent	103911
living arrangement" is a domicile of a person's own choosing,	103912
including, but not limited to, a private home, apartment, trailer,	103913
or rooming house. ~~Except as otherwise provided in this division,~~	103914
An "independent living arrangement" includes ~~a community~~	103915
~~alternative home~~an adult care facility licensed pursuant to	103916
~~section 3724.03~~Chapter 3722. of the Revised Code, but does not	103917
include other institutions or facilities licensed by the state, or	103918
facilities in which a person resides as a result of voluntary,	103919
civil, or criminal commitment. ~~"Independent living arrangement"~~	103920
~~does include adult care facilities licensed pursuant to Chapter~~	103921
~~3722. of the Revised Code.~~	103922

(C) "Caretaker" means the person assuming the responsibility	103923
for the care of an adult on a voluntary basis, by contract,	103924
through receipt of payment for care, as a result of a family	103925
relationship, or by order of a court of competent jurisdiction.	103926

(D) "Court" means the probate court in the county where an	103927
adult resides.	103928

(E) "Emergency" means that the adult is living in conditions	103929
which present a substantial risk of immediate and irreparable	103930
physical harm or death to self or any other person.	103931

(F) "Emergency services" means protective services furnished	103932
to an adult in an emergency.	103933

(G) "Exploitation" means the unlawful or improper act of a	103934
caretaker using an adult or an adult's resources for monetary or	103935
personal benefit, profit, or gain.	103936

(H) "In need of protective services" means an adult known or	103937
suspected to be suffering from abuse, neglect, or exploitation to	103938
an extent that either life is endangered or physical harm, mental	103939
anguish, or mental illness results or is likely to result.	103940

(I) "Incapacitated person" means a person who is impaired for	103941
any reason to the extent that the person lacks sufficient	103942
understanding or capacity to make and carry out reasonable	103943
decisions concerning the person's self or resources, with or	103944
without the assistance of a caretaker. Refusal to consent to the	103945
provision of services shall not be the sole determinative that the	103946
person is incapacitated. "Reasonable decisions" are decisions made	103947
in daily living which facilitate the provision of food, shelter,	103948
clothing, and health care necessary for life support.	103949

(J) "Mental illness" means a substantial disorder of thought,	103950
mood, perception, orientation, or memory that grossly impairs	103951
judgment, behavior, capacity to recognize reality, or ability to	103952
meet the ordinary demands of life.	103953

(K) "Neglect" means the failure of an adult to provide for	103954
self the goods or services necessary to avoid physical harm,	103955
mental anguish, or mental illness or the failure of a caretaker to	103956
provide such goods or services.	103957

(L) "Peace officer" means a peace officer as defined in	103958
section 2935.01 of the Revised Code.	103959

(M) "Physical harm" means bodily pain, injury, impairment, or	103960
disease suffered by an adult.	103961

(N) "Protective services" means services provided by the	103962
county department of job and family services or its designated	103963
agency to an adult who has been determined by evaluation to	103964
require such services for the prevention, correction, or	103965
discontinuance of an act of as well as conditions resulting from	103966
abuse, neglect, or exploitation. Protective services may include,	103967
but are not limited to, case work services, medical care, mental	103968
health services, legal services, fiscal management, home health	103969
care, homemaker services, housing-related services, guardianship	103970
services, and placement services as well as the provision of such	103971
commodities as food, clothing, and shelter.	103972

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	103973
and Friday, except when such day is a holiday as defined in	103974
section 1.14 of the Revised Code.	103975

Sec. 5101.61. (A) As used in this section:

103976

(1) "Senior service provider" means any person who provides	103977
care or services to a person who is an adult as defined in	103978
division (B) of section 5101.60 of the Revised Code.	103979

(2) "Ambulatory health facility" means a nonprofit, public or	103980
proprietary freestanding organization or a unit of such an agency	103981
or organization that:	103982

(a) Provides preventive, diagnostic, therapeutic,	103983
rehabilitative, or palliative items or services furnished to an	103984
outpatient or ambulatory patient, by or under the direction of a	103985
physician or dentist in a facility which is not a part of a	103986
hospital, but which is organized and operated to provide medical	103987
care to outpatients;	103988

(b) Has health and medical care policies which are developed	103989
with the advice of, and with the provision of review of such	103990
policies, an advisory committee of professional personnel,	103991
including one or more physicians, one or more dentists, if dental	103992
care is provided, and one or more registered nurses;	103993

(c) Has a medical director, a dental director, if dental care	103994
is provided, and a nursing director responsible for the execution	103995
of such policies, and has physicians, dentists, nursing, and	103996
ancillary staff appropriate to the scope of services provided;	103997

(d) Requires that the health care and medical care of every	103998
patient be under the supervision of a physician, provides for	103999
medical care in a case of emergency, has in effect a written	104000
agreement with one or more hospitals and other centers or clinics,	104001
and has an established patient referral system to other resources,	104002
and a utilization review plan and program;	104003

(e) Maintains clinical records on all patients;

104004

(f) Provides nursing services and other therapeutic services	104005
in accordance with programs and policies, with such services	104006
supervised by a registered professional nurse, and has a	104007
registered professional nurse on duty at all times of clinical	104008
operations;	104009

(g) Provides approved methods and procedures for the	104010
dispensing and administration of drugs and biologicals;	104011

(h) Has established an accounting and record keeping system	104012
to determine reasonable and allowable costs;	104013

(i) "Ambulatory health facilities" also includes an	104014
alcoholism treatment facility approved by the joint commission on	104015
accreditation of healthcare organizations as an alcoholism	104016
treatment facility or certified by the department of alcohol and	104017
drug addiction services, and such facility shall comply with other	104018
provisions of this division not inconsistent with such	104019
accreditation or certification.	104020

(3) "Community mental health facility" means a facility which	104021
provides community mental health services and is included in the	104022
comprehensive mental health plan for the alcohol, drug addiction,	104023
and mental health service district in which it is located.	104024

(4) "Community mental health service" means services, other	104025
than inpatient services, provided by a community mental health	104026
facility.	104027

(5) "Home health agency" means an institution or a distinct	104028
part of an institution operated in this state which:	104029

(a) Is primarily engaged in providing home health services;

104030

(b) Has home health policies which are established by a group	104031
of professional personnel, including one or more duly licensed	104032
doctors of medicine or osteopathy and one or more registered	104033
professional nurses, to govern the home health services it	104034
provides and which includes a requirement that every patient must	104035
be under the care of a duly licensed doctor of medicine or	104036
osteopathy;	104037

(c) Is under the supervision of a duly licensed doctor of	104038
medicine or doctor of osteopathy or a registered professional	104039
nurse who is responsible for the execution of such home health	104040
policies;	104041

(d) Maintains comprehensive records on all patients;

104042

(e) Is operated by the state, a political subdivision, or an	104043
agency of either, or is operated not for profit in this state and	104044
is licensed or registered, if required, pursuant to law by the	104045
appropriate department of the state, county, or municipality in	104046
which it furnishes services; or is operated for profit in this	104047
state, meets all the requirements specified in divisions (A)(5)(a)	104048
to (d) of this section, and is certified under Title XVIII of the	104049
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	104050
amended.	104051

(6) "Home health service" means the following items and	104052
services, provided, except as provided in division (A)(6)(g) of	104053
this section, on a visiting basis in a place of residence used as	104054
the patient's home:	104055

(a) Nursing care provided by or under the supervision of a	104056
registered professional nurse;	104057

(b) Physical, occupational, or speech therapy ordered by the	104058
patient's attending physician;	104059

(c) Medical social services performed by or under the	104060
supervision of a qualified medical or psychiatric social worker	104061
and under the direction of the patient's attending physician;	104062

(d) Personal health care of the patient performed by aides in	104063
accordance with the orders of a doctor of medicine or osteopathy	104064
and under the supervision of a registered professional nurse;	104065

(e) Medical supplies and the use of medical appliances;

104066

(f) Medical services of interns and residents-in-training	104067
under an approved teaching program of a nonprofit hospital and	104068
under the direction and supervision of the patient's attending	104069
physician;	104070

(g) Any of the foregoing items and services which:

104071

(i) Are provided on an outpatient basis under arrangements	104072
made by the home health agency at a hospital or skilled nursing	104073
facility;	104074

(ii) Involve the use of equipment of such a nature that the	104075
items and services cannot readily be made available to the patient	104076
in the patient's place of residence, or which are furnished at the	104077
hospital or skilled nursing facility while the patient is there to	104078
receive any item or service involving the use of such equipment.	104079

Any attorney, physician, osteopath, podiatrist, chiropractor,	104080
dentist, psychologist, any employee of a hospital as defined in	104081
section 3701.01 of the Revised Code, any nurse licensed under	104082
Chapter 4723. of the Revised Code, any employee of an ambulatory	104083
health facility, any employee of a home health agency, any	104084
employee of an adult care facility as defined in section 3722.01	104085
of the Revised Code, ~~any employee of a community alternative home~~	104086
~~as defined in section 3724.01 of the Revised Code,~~ any employee of	104087
a nursing home, residential care facility, or home for the aging,	104088
as defined in section 3721.01 of the Revised Code, any senior	104089
service provider, any peace officer, coroner, clergyman, any	104090
employee of a community mental health facility, and any person	104091
engaged in social work or counseling having reasonable cause to	104092
believe that an adult is being abused, neglected, or exploited, or	104093
is in a condition which is the result of abuse, neglect, or	104094
exploitation shall immediately report such belief to the county	104095
department of job and family services. This section does not apply	104096
to employees of any hospital or public hospital as defined in	104097
section 5122.01 of the Revised Code.	104098

(B) Any person having reasonable cause to believe that an	104099
adult has suffered abuse, neglect, or exploitation may report, or	104100
cause reports to be made of such belief to the department.	104101

(C) The reports made under this section shall be made orally	104102
or in writing except that oral reports shall be followed by a	104103
written report if a written report is requested by the department.	104104
Written reports shall include:	104105

(1) The name, address, and approximate age of the adult who	104106
is the subject of the report;	104107

(2) The name and address of the individual responsible for	104108
the adult's care, if any individual is, and if the individual is	104109
known;	104110

(3) The nature and extent of the alleged abuse, neglect, or	104111
exploitation of the adult;	104112

(4) The basis of the reporter's belief that the adult has	104113
been abused, neglected, or exploited.	104114

(D) Any person with reasonable cause to believe that an adult	104115
is suffering abuse, neglect, or exploitation who makes a report	104116
pursuant to this section or who testifies in any administrative or	104117
judicial proceeding arising from such a report, or any employee of	104118
the state or any of its subdivisions who is discharging	104119
responsibilities under section 5101.62 of the Revised Code shall	104120
be immune from civil or criminal liability on account of such	104121
investigation, report, or testimony, except liability for perjury,	104122
unless the person has acted in bad faith or with malicious	104123
purpose.	104124

(E) No employer or any other person with the authority to do	104125
so shall discharge, demote, transfer, prepare a negative work	104126
performance evaluation, or reduce benefits, pay, or work	104127
privileges, or take any other action detrimental to an employee or	104128
in any way retaliate against an employee as a result of the	104129
employee's having filed a report under this section.	104130

(F) Neither the written or oral report provided for in this	104131
section nor the investigatory report provided for in section	104132
5101.62 of the Revised Code shall be considered a public record as	104133
defined in section 149.43 of the Revised Code. Information	104134
contained in the report shall upon request be made available to	104135
the adult who is the subject of the report, to agencies authorized	104136
by the department to receive information contained in the report,	104137
and to legal counsel for the adult.	104138

Sec. 5101.84. An individual otherwise ineligible for aid	104139
under Chapter 5107. or 5108. of the Revised Code or ~~food stamps~~	104140
supplemental nutrition assistance program benefits under the	104141
"Food ~~Stamp~~and Nutrition Act of ~~1977," 78 Stat. 703,~~2008 (7	104142
U.S.C. 2011~~, as amended,~~et seq.) because of paragraph (a) of	104143
~~section 115 of the "Personal Responsibility and Work Opportunity~~	104144
~~Reconciliation Act of 1996," 110 Stat. 2105,~~ 21 U.S.C. 862a, is	104145
eligible for the aid or benefits if the individual meets all	104146
other eligibility requirements for the aid or benefits.	104147

Sec. 5103.02. As used in sections 5103.03 to 5103.17 of the	104148
Revised Code:	104149

(A) ~~"Association~~(1) Except as provided in division (A)(2) of	104150
this section, "association" or "institution" includes ~~any~~all of	104151
the following:	104152

(a) Any incorporated or unincorporated organization, society,	104153
association, or agency, public or private, that receives or cares	104154
for children for two or more consecutive weeks; ~~any~~	104155

(b) Any individual, including the operator of a foster home,	104156
who, for hire, gain, or reward, receives or cares for children for	104157
two or more consecutive weeks, unless the individual is related to	104158
them by blood or marriage; ~~and any~~	104159

(c) Any individual not in the regular employ of a court, or	104160
of an institution or association certified in accordance with	104161
section 5103.03 of the Revised Code, who in any manner becomes a	104162
party to the placing of children in foster homes, unless the	104163
individual is related to such children by blood or marriage, or is	104164
the appointed guardian of such children~~; provided, that any~~, or is	104165
authorized pursuant to Chapter 3107. of the Revised Code.	104166

(2) The following are exempt from the requirements of	104167
sections 5103.03 to 5103.17 of the Revised Code:	104168

(a) Any organization, society, association, school, agency,	104169
child guidance center, detention or rehabilitation facility, or	104170
children's clinic licensed, regulated, approved, operated under	104171
the direction of, or otherwise certified by the department of	104172
education, a local board of education, the department of youth	104173
services, the department of mental health, or the department of	104174
mental retardation and developmental disabilities~~, or any~~. This	104175
exemption includes any facility under the control of the	104176
department of youth services and any place of detention for	104177
children established and maintained pursuant to sections 2152.41	104178
to 2152.44 of the Revised Code.	104179

(b) Any individual who provides care for only a single-family	104180
group, placed there by their parents or other relative having	104181
custody~~, shall not be considered as being within the purview of~~	104182
~~these sections~~;	104183

(c) A child day-care center subject to Chapter 5104. of the	104184
Revised Code.	104185

(B) "Family foster home" means a foster home that is not a	104186
specialized foster home.	104187

(C) "Foster caregiver" means a person holding a valid foster	104188
home certificate issued under section 5103.03 of the Revised Code.	104189

(D) "Foster home" means a private residence in which children	104190
are received apart from their parents, guardian, or legal	104191
custodian, by an individual reimbursed for providing the children	104192
nonsecure care, supervision, or training twenty-four hours a day.	104193
"Foster home" does not include care provided for a child in the	104194
home of a person other than the child's parent, guardian, or legal	104195
custodian while the parent, guardian, or legal custodian is	104196
temporarily away. Family foster homes and specialized foster homes	104197
are types of foster homes.	104198

(E) "Medically fragile foster home" means a foster home that	104199
provides specialized medical services designed to meet the needs	104200
of children with intensive health care needs who meet all of the	104201
following criteria:	104202

(1) Under rules adopted by the department of job and family	104203
services governing payment under Chapter 5111. of the Revised Code	104204
for long-term care services, the children require a skilled level	104205
of care.	104206

(2) The children require the services of a doctor of medicine	104207
or osteopathic medicine at least once a week due to the	104208
instability of their medical conditions.	104209

(3) The children require the services of a registered nurse	104210
on a daily basis.	104211

(4) The children are at risk of institutionalization in a	104212
hospital, skilled nursing facility, or intermediate care facility	104213
for the mentally retarded.	104214

(F) "Recommending agency" means a public children services	104215
agency, private child placing agency, or private noncustodial	104216
agency that recommends that the department of job and family	104217
services take any of the following actions under section 5103.03	104218
of the Revised Code regarding a foster home:	104219

(1) Issue a certificate;

104220

(2) Deny a certificate;

104221

(3) Renew a certificate;

104222

(4) Deny renewal of a certificate;

104223

(5) Revoke a certificate.

104224

(G) "Specialized foster home" means a medically fragile	104225
foster home or a treatment foster home.	104226

(H) "Treatment foster home" means a foster home that	104227
incorporates special rehabilitative services designed to treat the	104228
specific needs of the children received in the foster home and	104229
that receives and cares for children who are emotionally or	104230
behaviorally disturbed, chemically dependent, mentally retarded,	104231
developmentally disabled, or who otherwise have exceptional needs.	104232

Sec. 5103.03. (A) The director of job and family services	104233
shall adopt rules as necessary for the adequate and competent	104234
management of institutions or associations. The director shall	104235
ensure that foster care home study rules adopted under this	104236
section align any home study content, time period, and process	104237
with any home study content, time period, and process required by	104238
rules adopted under section 3107.033 of the Revised Code.	104239

(B)(1)(a) Except ~~for facilities under the control of the~~	104240
~~department of youth services, places of detention for children~~	104241
~~established and maintained pursuant to sections 2152.41 to 2152.44~~	104242
~~of the Revised Code, and child day-care centers subject to Chapter~~	104243
~~5104. of the Revised Code~~as provided in division (B)(1)(b) of	104244
this section, the department of job and family services every ~~two~~	104245
four years shall pass upon the fitness of every institution and	104246
association that receives, or desires to receive and care for	104247
children, or places children in private homes.	104248

(b) The department of job and family services every two years	104249
shall pass upon the fitness of any individual, including the	104250
operator of a foster home, who, for hire, gain, or reward,	104251
receives or cares for children for two or more consecutive weeks,	104252
unless the individual is related to them by blood or marriage.	104253

(2) When the department of job and family services is	104254
satisfied as to the care given such children, and that the	104255
requirements of the statutes and rules covering the management of	104256
such institutions and associations are being complied with, it	104257
shall issue to the institution or association a certificate to	104258
that effect. A certificate issued pursuant to division (B)(1)(a)	104259
of this section is valid for four years, unless sooner revoked by	104260
the department. A certificate issued pursuant to division	104261
(B)(1)(b) of this section is valid for two years, unless sooner	104262
revoked by the department. When determining whether an institution	104263
or association meets a particular requirement for certification,	104264
the department may consider the institution or association to have	104265
met the requirement if the institution or association shows to the	104266
department's satisfaction that it has met a comparable requirement	104267
to be accredited by a nationally recognized accreditation	104268
organization.	104269

(3) The department may issue a temporary certificate valid	104270
for less than one year authorizing an institution or association	104271
to operate until minimum requirements have been met.	104272

(4) An institution or association that knowingly makes a	104273
false statement that is included as a part of certification under	104274
this section is guilty of the offense of falsification under	104275
section 2921.13 of the Revised Code and the department shall not	104276
certify that institution or association.	104277

(5) The department shall not issue a certificate to a	104278
prospective foster home or prospective specialized foster home	104279
pursuant to this section if the prospective foster home or	104280
prospective specialized foster home operates as a type A family	104281
day-care home pursuant to Chapter 5104. of the Revised Code. The	104282
department shall not issue a certificate to a prospective	104283
specialized foster home if the prospective specialized foster home	104284
operates a type B family day-care home pursuant to Chapter 5104.	104285
of the Revised Code.	104286

(C) The department may revoke a certificate if it finds that	104287
the institution or association is in violation of law or rule. No	104288
juvenile court shall commit a child to an association or	104289
institution that is required to be certified under this section if	104290
its certificate has been revoked or, if after revocation, the date	104291
of reissue is less than fifteen months prior to the proposed	104292
commitment.	104293

(D) ~~Every two years, on~~On a date specified by the department	104294
in accordance with division (D)(1) or (2) of this section, each	104295
institution or association desiring certification or	104296
recertification shall submit to the department a report showing	104297
its condition, management, competency to care adequately for the	104298
children who have been or may be committed to it or to whom it	104299
provides care or services, the system of visitation it employs for	104300
children placed in private homes, and other information the	104301
department requires:	104302

(1) Every four years, for an institution or association that	104303
receives a certificate pursuant to division (B)(1)(a) of this	104304
section;	104305

(2) Every two years, for an individual who receives a	104306
certificate pursuant to division (B)(1)(b) of this section.	104307

(E) The department shall, not less than once each year, send	104308
a list of certified institutions and associations to each juvenile	104309
court and certified association or institution.	104310

(F) No person shall receive children or receive or solicit	104311
money on behalf of such an institution or association not so	104312
certified or whose certificate has been revoked.	104313

(G)(1) The director may delegate by rule any duties imposed	104314
on it by this section to inspect and approve family foster homes	104315
and specialized foster homes to public children services agencies,	104316
private child placing agencies, or private noncustodial agencies.	104317

(2) The director shall adopt rules that require a foster	104318
caregiver or other individual certified to operate a foster home	104319
under this section to notify the recommending agency that the	104320
foster caregiver or other individual is certified to operate a	104321
type B family day-care home under Chapter 5104. of the Revised	104322
Code.	104323

(H) If the director of job and family services determines	104324
that an institution or association that cares for children is	104325
operating without a certificate, the director may petition the	104326
court of common pleas in the county in which the institution or	104327
association is located for an order enjoining its operation. The	104328
court shall grant injunctive relief upon a showing that the	104329
institution or association is operating without a certificate.	104330

(I) If both of the following are the case, the director of	104331
job and family services may petition the court of common pleas of	104332
any county in which an institution or association that holds a	104333
certificate under this section operates for an order, and the	104334
court may issue an order, preventing the institution or	104335
association from receiving additional children into its care or an	104336
order removing children from its care:	104337

(1) The department has evidence that the life, health, or	104338
safety of one or more children in the care of the institution or	104339
association is at imminent risk.	104340

(2) The department has issued a proposed adjudication order	104341
pursuant to Chapter 119. of the Revised Code to deny renewal of or	104342
revoke the certificate of the institution or association.	104343

Sec. 5104.04. (A) The department of job and family services	104344
shall establish procedures to be followed in investigating,	104345
inspecting, and licensing child day-care centers and type A family	104346
day-care homes.	104347

(B)(1)(a) The department shall, at least ~~twice~~once during	104348
every twelve-month period of operation of a center or type A home,	104349
inspect the center or type A home. The department shall inspect a	104350
part-time center or part-time type A home at least once during	104351
every twelve-month period of operation. The department shall	104352
provide a written inspection report to the licensee within a	104353
reasonable time after each inspection. The licensee shall display	104354
all written reports of inspections conducted during the current	104355
licensing period in a conspicuous place in the center or type A	104356
home.	104357

~~At least one inspection shall be unannounced and all~~	104358
~~inspections~~Inspections may be unannounced. No person, firm,	104359
organization, institution, or agency shall interfere with the	104360
inspection of a center or type A home by any state or local	104361
official engaged in performing duties required of the state or	104362
local official by Chapter 5104. of the Revised Code or rules	104363
adopted pursuant to Chapter 5104. of the Revised Code, including	104364
inspecting the center or type A home, reviewing records, or	104365
interviewing licensees, employees, children, or parents.	104366

(b) Upon receipt of any complaint that a center or type A	104367
home is out of compliance with the requirements of Chapter 5104.	104368
of the Revised Code or rules adopted pursuant to Chapter 5104. of	104369
the Revised Code, the department shall investigate the center or	104370
home, and both of the following apply:	104371

(i) If the complaint alleges that a child suffered physical	104372
harm while receiving child care at the center or home or that the	104373
noncompliance alleged in the complaint involved, resulted in, or	104374
poses a substantial risk of physical harm to a child receiving	104375
child care at the center or home, the department shall inspect the	104376
center or home.	104377

(ii) If division (B)(1)(b)(i) of this section does not apply	104378
regarding the complaint, the department may inspect the center or	104379
home.	104380

(c) Division (B)(1)(b) of this section does not limit,	104381
restrict, or negate any duty of the department to inspect a center	104382
or type A home that otherwise is imposed under this section, or	104383
any authority of the department to inspect a center or type A home	104384
that otherwise is granted under this section when the department	104385
believes the inspection is necessary and it is permitted under the	104386
grant.	104387

(2) If the department implements an instrument-based program	104388
monitoring information system, it may use an indicator checklist	104389
to comply with division (B)(1) of this section.	104390

(3) The department shall contract with a third party by the	104391
first day of October in each even-numbered year to collect	104392
information concerning the amounts charged by the center or home	104393
for providing child care services for use in establishing	104394
reimbursement ceilings and payment pursuant to section 5104.30 of	104395
the Revised Code. The third party shall compile the information	104396
and report the results of the survey to the department not later	104397
than the first day of December in each even-numbered year.	104398

(C) In the event a licensed center or type A home is	104399
determined to be out of compliance with the requirements of	104400
Chapter 5104. of the Revised Code or rules adopted pursuant to	104401
Chapter 5104. of the Revised Code, the department shall notify the	104402
licensee of the center or type A home in writing regarding the	104403
nature of the violation, what must be done to correct the	104404
violation, and by what date the correction must be made. If the	104405
correction is not made by the date established by the department,	104406
the department may commence action under Chapter 119. of the	104407
Revised Code to revoke the license. The department's commencement	104408
of an action to revoke the license is sufficient notice that the	104409
correction has not been made, and no other notice regarding the	104410
correction is required.	104411

(D) The department may deny or revoke a license, or refuse to	104412
renew a license of a center or type A home, if the applicant	104413
knowingly makes a false statement on the application, does not	104414
comply with the requirements of Chapter 5104. or rules adopted	104415
pursuant to Chapter 5104. of the Revised Code, or has pleaded	104416
guilty to or been convicted of an offense described in section	104417
5104.09 of the Revised Code.	104418

(E) If the department finds, after notice and hearing	104419
pursuant to Chapter 119. of the Revised Code, that any person,	104420
firm, organization, institution, or agency licensed under section	104421
5104.03 of the Revised Code is in violation of any provision of	104422
Chapter 5104. of the Revised Code or rules adopted pursuant to	104423
Chapter 5104. of the Revised Code, the department may issue an	104424
order of revocation to the center or type A home revoking the	104425
license previously issued by the department. Upon the issuance of	104426
any order of revocation, the person whose license is revoked may	104427
appeal in accordance with section 119.12 of the Revised Code.	104428

(F) The surrender of a center or type A home license to the	104429
department or the withdrawal of an application for licensure by	104430
the owner or administrator of the center or type A home shall not	104431
prohibit the department from instituting any of the actions set	104432
forth in this section.	104433

(G) Whenever the department receives a complaint, is advised,	104434
or otherwise has any reason to believe that a center or type A	104435
home is providing child care without a license issued or renewed	104436
pursuant to section 5104.03 and is not exempt from licensing	104437
pursuant to section 5104.02 of the Revised Code, the department	104438
shall investigate the center or type A home and may inspect the	104439
areas children have access to or areas necessary for the care of	104440
children in the center or type A home during suspected hours of	104441
operation to determine whether the center or type A home is	104442
subject to the requirements of Chapter 5104. or rules adopted	104443
pursuant to Chapter 5104. of the Revised Code.	104444

(H) The department, upon determining that the center or type	104445
A home is operating without a license, shall notify the attorney	104446
general, the prosecuting attorney of the county in which the	104447
center or type A home is located, or the city attorney, village	104448
solicitor, or other chief legal officer of the municipal	104449
corporation in which the center or type A home is located, that	104450
the center or type A home is operating without a license. Upon	104451
receipt of the notification, the attorney general, prosecuting	104452
attorney, city attorney, village solicitor, or other chief legal	104453
officer of a municipal corporation shall file a complaint in the	104454
court of common pleas of the county in which the center or type A	104455
home is located requesting that the court grant an order enjoining	104456
the owner from operating the center or type A home in violation of	104457
section 5104.02 of the Revised Code. The court shall grant such	104458
injunctive relief upon a showing that the respondent named in the	104459
complaint is operating a center or type A home and is doing so	104460
without a license.	104461

(I) The department shall prepare an annual report on	104462
inspections conducted under this section. The report shall include	104463
the number of inspections conducted, the number and types of	104464
violations found, and the steps taken to address the violations.	104465
The department shall file the report with the governor, the	104466
president and minority leader of the senate, and the speaker and	104467
minority leader of the house of representatives on or before the	104468
first day of January of each year, beginning in 1999.	104469

Sec. 5104.041. (A) All type A and type B family day-care	104470
homes shall procure and maintain one of the following:	104471

(1) Liability insurance issued by an insurer authorized to do	104472
business in this state under Chapter 3905. of the Revised Code	104473
insuring the type A or type B family day-care home against	104474
liability arising out of, or in connection with, the operation of	104475
the family day-care home. Liability insurance procured under this	104476
division shall cover any cause for which the type A or type B	104477
family day-care home would be liable, in the amount of at least	104478
one hundred thousand dollars per occurrence and three hundred	104479
thousand dollars in the aggregate.	104480

(2) ~~An affidavit~~A written statement signed by the parent,	104481
guardian, or custodian of each child receiving child care from	104482
the type A or type B family day-care home that states all of the	104483
following:	104484

(a) The family day-care home does not carry liability	104485
insurance described in division (A)(1) of this section;	104486

(b) If the licensee of a type A family day-care home or the	104487
provider of a type B family day-care home is not the owner of	104488
the real property where the family day-care home is located, the	104489
liability insurance, if any, of the owner of the real property	104490
may not provide for coverage of any liability arising out of, or	104491
in connection with, the operation of the family day-care home.	104492

(B) If the licensee of a type A family day-care home or the	104493
provider of a type B family day-care home is not the owner of	104494
the real property where the family day-care home is located and	104495
the family day-care home procures liability insurance described	104496
in division (A)(1) of this section, that licensee or provider	104497
shall name the owner of the real property as an additional	104498
insured party on the liability insurance policy if all of the	104499
following apply:	104500

(1) The owner of the real property requests the licensee or	104501
provider, in writing, to add the owner of the real property to	104502
the liability insurance policy as an additional insured party.	104503

(2) The addition of the owner of the real property does not	104504
result in cancellation or nonrenewal of the insurance policy	104505
procured by the type A or type B family day-care home.	104506

(3) The owner of the real property pays any additional	104507
premium assessed for coverage of the owner of the real property.	104508

(C) Proof of insurance or ~~affidavit~~written statement	104509
required under division (A) of this section shall be maintained	104510
at the type A or type B family day-care home and made available	104511
for review during inspection or investigation as required under	104512
this chapter.	104513

(D) The director of job and family services shall adopt rules	104514
for the enforcement of this section.	104515

Sec. 5104.051. (A)(1) The department of commerce is	104516
responsible for the inspections of child day-care centers as	104517
required by division (A)(1) of section 5104.05 of the Revised	104518
Code. Where there is a municipal, township, or county building	104519
department certified under section 3781.10 of the Revised Code to	104520
exercise enforcement authority with respect to the category of	104521
building occupancy which includes day-care centers, all	104522
inspections required under division (A)(1) of section 5104.05 of	104523
the Revised Code shall be made by that department according to the	104524
standards established by the board of building standards.	104525
Inspections in areas of the state where there is no municipal,	104526
township, or county building department certified under section	104527
3781.10 of the Revised Code to exercise enforcement authority with	104528
respect to the category of building occupancy which includes	104529
day-care centers shall be made by personnel of the department of	104530
commerce. Inspections of centers shall be contingent upon payment	104531
of a fee by the applicant to the department having jurisdiction to	104532
inspect.	104533

(2) The department of commerce is responsible for the	104534
inspections of type A family day-care homes as required by	104535
division (B)(3) of section 5104.05 of the Revised Code. Where	104536
there is a municipal, township, or county building department	104537
certified under section 3781.10 of the Revised Code to exercise	104538
enforcement authority with respect to the category of building	104539
occupancy which includes type A homes, all inspections required	104540
under division (B)(3) of section 5104.05 of the Revised Code shall	104541
be made by that department according to the standards established	104542
by the board of building standards. Inspections in areas of the	104543
state where there is no municipal, township, or county building	104544
department certified under section 3781.10 of the Revised Code to	104545
exercise enforcement authority with respect to the category of	104546
building occupancy which includes type A homes shall be made by	104547
personnel of the department of commerce. Inspections of type A	104548
homes shall be contingent upon payment of a fee by the applicant	104549
to the department having jurisdiction to inspect.	104550

(B) The state fire marshal is responsible for the inspections	104551
required by divisions (A)(2) and (B)(1) of section 5104.05 of the	104552
Revised Code. In municipal corporations and in townships outside	104553
municipal corporations where there is a fire prevention official,	104554
the inspections shall be made by the fire chief or the fire	104555
prevention official under the supervision of and according to the	104556
standards established by the state fire marshal. In townships	104557
outside municipal corporations where there is no fire prevention	104558
official, inspections shall be made by the employees of the state	104559
fire marshal.	104560

(C) The state fire marshal shall enforce all statutes and	104561
rules pertaining to fire safety and fire prevention in child	104562
day-care centers and type A family day-care homes. In the event of	104563
a dispute between the state fire marshal and any other responsible	104564
officer under sections 5104.05 and 5104.051 of the Revised Code	104565
with respect to the interpretation or application of a specific	104566
fire safety statute or rule, the interpretation of the state fire	104567
marshal shall prevail.	104568

(D) As used in this division, "licensor" has the same meaning	104569
as in section 3717.01 of the Revised Code.	104570

The licensor for food service operations in the city or	104571
general health district in which the center is located is	104572
responsible for the inspections required under Chapter 3717. of	104573
the Revised Code.	104574

(E) Any moneys collected by the department of commerce under	104575
this section shall be paid into the state treasury to the credit	104576
of the ~~industrial compliance~~labor operating fund created in	104577
section 121.084 of the Revised Code.	104578

Sec. 5104.30. (A) The department of job and family services	104579
is hereby designated as the state agency responsible for	104580
administration and coordination of federal and state funding for	104581
publicly funded child care in this state. Publicly funded child	104582
care shall be provided to the following:	104583

(1) Recipients of transitional child care as provided under	104584
section 5104.34 of the Revised Code;	104585

(2) Participants in the Ohio works first program established	104586
under Chapter 5107. of the Revised Code;	104587

(3) Individuals who would be participating in the Ohio works	104588
first program if not for a sanction under section 5107.16 of the	104589
Revised Code and who continue to participate in a work activity,	104590
developmental activity, or alternative work activity pursuant to	104591
an assignment under section 5107.42 of the Revised Code;	104592

(4) A family receiving publicly funded child care on October	104593
1, 1997, until the family's income reaches one hundred fifty per	104594
cent of the federal poverty line;	104595

(5) Subject to available funds, other individuals determined	104596
eligible in accordance with rules adopted under section 5104.38 of	104597
the Revised Code.	104598

The department shall apply to the United States department of	104599
health and human services for authority to operate a coordinated	104600
program for publicly funded child care, if the director of job and	104601
family services determines that the application is necessary. For	104602
purposes of this section, the department of job and family	104603
services may enter into agreements with other state agencies that	104604
are involved in regulation or funding of child care. The	104605
department shall consider the special needs of migrant workers	104606
when it administers and coordinates publicly funded child care and	104607
shall develop appropriate procedures for accommodating the needs	104608
of migrant workers for publicly funded child care.	104609

(B) The department of job and family services shall	104610
distribute state and federal funds for publicly funded child care,	104611
including appropriations of state funds for publicly funded child	104612
care and appropriations of federal funds available under the child	104613
care block grant act, Title IV-A, and Title XX. The department may	104614
use any state funds appropriated for publicly funded child care as	104615
the state share required to match any federal funds appropriated	104616
for publicly funded child care.	104617

(C) In the use of federal funds available under the child	104618
care block grant act, all of the following apply:	104619

(1) The department may use the federal funds to hire staff to	104620
prepare any rules required under this chapter and to administer	104621
and coordinate federal and state funding for publicly funded child	104622
care.	104623

(2) Not more than five per cent of the aggregate amount of	104624
the federal funds received for a fiscal year may be expended for	104625
administrative costs.	104626

(3) The department shall allocate and use at least four per	104627
cent of the federal funds for the following:	104628

(a) Activities designed to provide comprehensive consumer	104629
education to parents and the public;	104630

(b) Activities that increase parental choice;

104631

(c) Activities, including child care resource and referral	104632
services, designed to improve the quality, and increase the	104633
supply, of child care;	104634

(d) Establishing a voluntary child day-care center	104635
quality-rating program in which participation in the program may	104636
allow a child day-care center to be eligible for grants, technical	104637
assistance, training, or other assistance and become eligible for	104638
unrestricted monetary awards for maintaining a quality rating.	104639

(4) The department shall ensure that the federal funds will	104640
be used only to supplement, and will not be used to supplant,	104641
federal, state, and local funds available on the effective date of	104642
the child care block grant act for publicly funded child care and	104643
related programs. AIf authorized by rules adopted by the	104644
department pursuant to section 5104.42 of the Revised Code, county	104645
~~department~~departments of job and family services may purchase	104646
child care from funds obtained through any other means.	104647

(D) The department shall encourage the development of	104648
suitable child care throughout the state, especially in areas with	104649
high concentrations of recipients of public assistance and	104650
families with low incomes. The department shall encourage the	104651
development of suitable child care designed to accommodate the	104652
special needs of migrant workers. On request, the department,	104653
through its employees or contracts with state or community child	104654
care resource and referral service organizations, shall provide	104655
consultation to groups and individuals interested in developing	104656
child care. The department of job and family services may enter	104657
into interagency agreements with the department of education, the	104658
board of regents, the department of development, and other state	104659
agencies and entities whenever the cooperative efforts of the	104660
other state agencies and entities are necessary for the department	104661
of job and family services to fulfill its duties and	104662
responsibilities under this chapter.	104663

The department shall develop and maintain a registry of	104664
persons providing child care. The director shall adopt rules	104665
pursuant to Chapter 119. of the Revised Code establishing	104666
procedures and requirements for the registry's administration.	104667

(E)(1) The director shall adopt rules in accordance with	104668
Chapter 119. of the Revised Code establishing both of the	104669
following:	104670

(a) Reimbursement ceilings for providers of publicly funded	104671
child care not later than the first day of July in each	104672
odd-numbered year;	104673

(b) A procedure for reimbursing and paying providers of	104674
publicly funded child care.	104675

(2) In establishing reimbursement ceilings under division	104676
(E)(1)(a) of this section, the director shall do all of the	104677
following:	104678

(a) Use the information obtained under division (B)(3) of	104679
section 5104.04 of the Revised Code;	104680

(b) Establish an enhanced reimbursement ceiling for providers	104681
who provide child care for caretaker parents who work	104682
nontraditional hours;	104683

(c) For a type B family day-care home provider that has	104684
received limited certification pursuant to rules adopted under	104685
division (G)(1) of section 5104.011 of the Revised Code, establish	104686
a reimbursement ceiling that is the following:	104687

(i) If the provider is a person described in division	104688
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five	104689
per cent of the reimbursement ceiling that applies to a type B	104690
family day-care home certified by the same county department of	104691
job and family services pursuant to section 5104.11 of the Revised	104692
Code;	104693

(ii) If the provider is a person described in division	104694
(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per	104695
cent of the reimbursement ceiling that applies to a type B	104696
family day-care home certified by the same county department	104697
pursuant to section 5104.11 of the Revised Code.	104698

(3) In establishing reimbursement ceilings under division	104699
(E)(1)(a) of this section, the director may establish different	104700
reimbursement ceilings based on any of the following:	104701

(a) Geographic location of the provider;

104702

(b) Type of care provided;

104703

104704

(d) Special needs of the child served;

104705

(e) Whether the expanded hours of service are provided;

104706

(f) Whether weekend service is provided;

104707

(g) Whether the provider has exceeded the minimum	104708
requirements of state statutes and rules governing child care;	104709

(h) Any other factors the director considers appropriate.

104710

(F) The director shall adopt rules in accordance with Chapter	104711
119. of the Revised Code to implement the voluntary child day-care	104712
center quality-rating program described in division (C)(3)(d) of	104713
this section.	104714

Sec. 5104.32. (A) Except as provided in division (C) of this	104715
section, all purchases of publicly funded child care shall be made	104716
under a contract entered into by a licensed child day-care center,	104717
licensed type A family day-care home, certified type B family	104718
day-care home, certified in-home aide, approved child day camp,	104719
licensed preschool program, licensed school child program, or	104720
border state child care provider and the county department of job	104721
and family services. A county department of job and family	104722
services may enter into a contract with a provider for publicly	104723
funded child care for a specified period of time or upon a	104724
continuous basis for an unspecified period of time. All contracts	104725
for publicly funded child care shall be contingent upon the	104726
availability of state and federal funds. The department of job and	104727
family services shall prescribe a standard form to be used for all	104728
contracts for the purchase of publicly funded child care,	104729
regardless of the source of public funds used to purchase the	104730
child care. To the extent permitted by federal law and	104731
notwithstanding any other provision of the Revised Code that	104732
regulates state or county contracts or contracts involving the	104733
expenditure of state, county, or federal funds, all contracts for	104734
publicly funded child care shall be entered into in accordance	104735
with the provisions of this chapter and are exempt from any other	104736
provision of the Revised Code that regulates state or county	104737
contracts or contracts involving the expenditure of state, county,	104738
or federal funds.	104739

(B) Each contract for publicly funded child care shall	104740
specify at least the following:	104741

(1) That the provider of publicly funded child care agrees to	104742
be paid for rendering services at the lowest of the rate	104743
customarily charged by the provider for children enrolled for	104744
child care, the reimbursement ceiling or rate of payment	104745
established pursuant to section 5104.30 of the Revised Code, or a	104746
rate the county department negotiates with the provider;	104747

(2) That, if a provider provides child care to an individual	104748
potentially eligible for publicly funded child care who is	104749
subsequently determined to be eligible, the county department	104750
agrees to pay for all child care provided between the date the	104751
county department receives the individual's completed application	104752
and the date the individual's eligibility is determined;	104753

(3) Whether the county department of job and family services,	104754
the provider, or a child care resource and referral service	104755
organization will make eligibility determinations, whether the	104756
provider or a child care resource and referral service	104757
organization will be required to collect information to be used by	104758
the county department to make eligibility determinations, and the	104759
time period within which the provider or child care resource and	104760
referral service organization is required to complete required	104761
eligibility determinations or to transmit to the county department	104762
any information collected for the purpose of making eligibility	104763
determinations;	104764

(4) That the provider, other than a border state child care	104765
provider, shall continue to be licensed, approved, or certified	104766
pursuant to this chapter and shall comply with all standards and	104767
other requirements in this chapter and in rules adopted pursuant	104768
to this chapter for maintaining the provider's license, approval,	104769
or certification;	104770

(5) That, in the case of a border state child care provider,	104771
the provider shall continue to be licensed, certified, or	104772
otherwise approved by the state in which the provider is located	104773
and shall comply with all standards and other requirements	104774
established by that state for maintaining the provider's license,	104775
certificate, or other approval;	104776

(6) Whether the provider will be paid by the county	104777
department of job and family services or, the state department of	104778
job and family services, or in some other manner as prescribed by	104779
rules adopted under section 5104.42 of the Revised Code;	104780

(7) That the contract is subject to the availability of state	104781
and federal funds.	104782

(C) Unless specifically prohibited by federal law or by rules	104783
adopted under section 5104.42 of the Revised Code, the county	104784
department of job and family services shall give individuals	104785
eligible for publicly funded child care the option of obtaining	104786
certificates for payment that the individual may use to purchase	104787
services from any provider qualified to provide publicly funded	104788
child care under section 5104.31 of the Revised Code. Providers of	104789
publicly funded child care may present these certificates for	104790
payment for reimbursement in accordance with rules that the	104791
director of job and family services shall adopt. Only providers	104792
may receive reimbursement for certificates for payment. The value	104793
of the certificate for payment shall be based on the lowest of the	104794
rate customarily charged by the provider, the reimbursement	104795
ceiling or rate of payment established pursuant to section 5104.30	104796
of the Revised Code, or a rate the county department negotiates	104797
with the provider. The county department may provide the	104798
certificates for payment to the individuals or may contract with	104799
child care providers or child care resource and referral service	104800
organizations that make determinations of eligibility for publicly	104801
funded child care pursuant to contracts entered into under section	104802
5104.34 of the Revised Code for the providers or resource and	104803
referral service organizations to provide the certificates for	104804
payment to individuals whom they determine are eligible for	104805
publicly funded child care.	104806

For each six-month period a provider of publicly funded child	104807
care provides publicly funded child day-care to the child of an	104808
individual given certificates for payment, the individual shall	104809
provide the provider certificates for days the provider would have	104810
provided publicly funded child care to the child had the child	104811
been present. ~~County departments shall specify the maximum number~~	104812
~~of days providers will be provided certificates of payment for~~	104813
~~days the provider would have provided publicly funded child care~~	104814
~~had the child been present.~~ The maximum number of days providers	104815
shall be provided certificates shall not exceed ten days in a	104816
six-month period during which publicly funded child care is	104817
provided to the child regardless of the number of providers that	104818
provide publicly funded child care to the child during that	104819
period.	104820

Sec. 5104.341. (A) Except as provided in division (B) of	104821
this section, both of the following apply:	104822

(1) An eligibility determination made under section 5104.34	104823
of the Revised Code for publicly funded child care is valid for	104824
one year;	104825

(2) The county department of job and family services shall	104826
~~redetermine~~adjust the appropriate level of a fee charged under	104827
division (B) of section 5104.34 of the Revised Code ~~every six~~	104828
~~months during the one-year period, unless~~if a caretaker parent	104829
~~requests that the fee be reduced due to~~reports changes in income,	104830
family size, or both ~~and the county department of job and family~~	104831
~~services approves the reduction~~.	104832

(B) Division (A) of this section does not apply in either of	104833
the following circumstances:	104834

(1) The publicly funded child care is provided under division	104835
(B)(4) of section 5104.35 of the Revised Code;	104836

(2) The recipient of the publicly funded child care ceases to	104837
be eligible for publicly funded child care.	104838

Sec. 5104.35. (A) The county department of job and family	104839
services shall do all of the following:	104840

(1) Accept any gift, grant, or other funds from either public	104841
or private sources offered unconditionally or under conditions	104842
which are, in the judgment of the department, proper and	104843
consistent with this chapter and deposit the funds in the county	104844
public assistance fund established by section 5101.161 of the	104845
Revised Code;	104846

(2) Recruit individuals and groups interested in	104847
certification as in-home aides or in developing and operating	104848
suitable licensed child day-care centers, type A family day-care	104849
homes, or certified type B family day-care homes, especially in	104850
areas with high concentrations of recipients of public assistance,	104851
and for that purpose provide consultation to interested	104852
individuals and groups on request;	104853

(3) Inform clients of the availability of child care	104854
services;	104855

(4) Pay to a child day-care center, type A family day-care	104856
home, certified type B family day-care home, in-home aide,	104857
approved child day camp, licensed preschool program, licensed	104858
school child program, or border state child care provider for	104859
child care services, the amount provided for in division (B) of	104860
section 5104.32 of the Revised Code. If part of the cost of care	104861
of a child is paid by the child's parent or any other person, the	104862
amount paid shall be subtracted from the amount the ~~county~~	104863
~~department pays~~provider is paid.	104864

(5) In accordance with rules adopted pursuant to section	104865
5104.39 of the Revised Code, provide monthly reports to the	104866
director of job and family services and the director of budget and	104867
management regarding expenditures for the purchase of publicly	104868
funded child care.	104869

(B) The county department of job and family services may do	104870
any of the following:	104871

(1) To the extent permitted by federal law, use public child	104872
care funds to extend the hours of operation of the county	104873
department to accommodate the needs of working caretaker parents	104874
and enable those parents to apply for publicly funded child care;	104875

(2) In accordance with rules adopted by the director of job	104876
and family services, request a waiver of the reimbursement ceiling	104877
established pursuant to section 5104.30 of the Revised Code for	104878
the purpose of paying a higher rate for publicly funded child care	104879
based upon the special needs of a child;	104880

(3) To the extent permitted by federal law, use state and	104881
federal funds to pay deposits and other advance payments that a	104882
provider of child care customarily charges all children who	104883
receive child care from that provider;	104884

(4) To the extent permitted by federal law, pay for up to	104885
thirty days of child care for a child whose caretaker parent is	104886
seeking employment, taking part in employment orientation	104887
activities, or taking part in activities in anticipation of	104888
enrollment or attendance in an education or training program or	104889
activity, if the employment or education or training program or	104890
activity is expected to begin within the thirty-day period.	104891

Sec. 5104.39. (A) The director of job and family services	104892
shall adopt rules in accordance with Chapter 119. of the Revised	104893
Code establishing a procedure for monitoring the expenditures of	104894
county departments of job and family services to ensure that	104895
expenditures do not exceed the available federal and state funds	104896
for publicly funded child care. The department, with the	104897
assistance of the office of budget and management and the child	104898
care advisory council created pursuant to section 5104.08 of the	104899
Revised Code, shall monitor the anticipated future expenditures of	104900
county departments for publicly funded child care and shall	104901
compare those anticipated future expenditures to available federal	104902
and state funds for publicly funded child care. Whenever the	104903
department determines that the anticipated future expenditures of	104904
the county departments will exceed the available federal and state	104905
funds for publicly funded child care~~, it~~and the department	104906
reimburses the county departments in accordance with rules adopted	104907
under section 5104.42 of the Revised Code, the department shall	104908
promptly ~~shall~~ notify the county departments and, before the	104909
available state and federal funds are used, the director shall	104910
issue and implement an administrative order that shall specify	104911
both of the following:	104912

(1) Priorities for expending the remaining available federal	104913
and state funds for publicly funded child care;	104914

(2) Instructions and procedures to be used by the county	104915
departments.	104916

(B) The order may do any or all of the following:

104917

(1) Suspend enrollment of all new participants in any program	104918
of publicly funded child care;	104919

(2) Limit enrollment of new participants to those with	104920
incomes at or below a specified percentage of the federal poverty	104921
line;	104922

(3) Disenroll existing participants with income above a	104923
specified percentage of the federal poverty line.	104924

(C) Each county department shall comply with the order no	104925
later than thirty days after it is issued. If the department fails	104926
to notify the county departments and to implement the reallocation	104927
priorities specified in the order before the available federal and	104928
state funds for publicly funded child care are used, the state	104929
department shall provide sufficient funds to the county	104930
departments for publicly funded child care to enable each county	104931
department to pay for all publicly funded child care that was	104932
provided by providers pursuant to contract prior to the date that	104933
the county department received notice under this section and the	104934
state department implemented in that county the priorities.	104935

(D) If after issuing an order under this section to suspend	104936
or limit enrollment of new participants or disenroll existing	104937
participants the department determines that available state and	104938
federal funds for publicly funded child care exceed the	104939
anticipated future expenditures of the county departments, the	104940
director may issue and implement another administrative order	104941
increasing income eligibility levels to a specified percentage of	104942
the federal poverty line. The order shall include instructions and	104943
procedures to be used by the county departments. Each county	104944
department shall comply with the order not later than thirty days	104945
after it is issued.	104946

(E) The department of job and family services shall do all of	104947
the following:	104948

(1) Conduct a quarterly evaluation of the program of publicly	104949
funded child care that is operated pursuant to sections 5104.30 to	104950
5104.39 of the Revised Code;	104951

(2) Prepare reports based upon the evaluations that specify	104952
for each county the number of participants and amount of	104953
expenditures;	104954

(3) Provide copies of the reports to both houses of the	104955
general assembly and, on request, to interested parties.	104956

Sec. 5104.42. The director of job and family services shall	104957
adopt rules pursuant to section 111.15 of the Revised Code	104958
establishing a payment procedure for publicly funded child care.	104959
The rules may provide that the department of job and family	104960
services will ~~either~~ reimburse county departments of job and	104961
family services for payments made to providers of publicly funded	104962
child care or, make direct payments to providers ~~pursuant to an~~	104963
~~agreement entered into with a county board of commissioners~~	104964
~~pursuant to section 5101.21 of the Revised Code~~, or establish	104965
another system for the payment of publicly funded child care.	104966

Alternately, the director, by rule adopted in accordance with	104967
section 111.15 of the Revised Code, may establish a methodology	104968
for allocating among the county departments the state and federal	104969
funds appropriated for all publicly funded child care services. If	104970
the department chooses to allocate funds for publicly funded child	104971
care, it may provide the funds to each county department, up to	104972
the limit of the county's allocation, by advancing the funds or	104973
reimbursing county care expenditures. The rules adopted under this	104974
section may prescribe procedures for making the advances or	104975
reimbursements. The rules may establish a method under which the	104976
department may determine which county expenditures for child care	104977
services are allowable for use of and federal funds.	104978

The rules may establish procedures that a county department	104979
shall follow when the county department determines that its	104980
anticipated future expenditures for publicly funded child care	104981
services will exceed the amount of state and federal funds	104982
allocated by the state department. The procedures may include	104983
suspending or limiting enrollment of new participants.	104984

Sec. 5107.05. The director of job and family services shall	104985
adopt rules to implement this chapter. The rules shall be	104986
consistent with Title IV-A, Title IV-D, federal regulations, state	104987
law, the Title IV-A state plan submitted to the United States	104988
secretary of health and human services under section 5101.80 of	104989
the Revised Code, amendments to the plan, and waivers granted by	104990
the United States secretary. Rules governing eligibility, program	104991
participation, and other applicant and participant requirements	104992
shall be adopted in accordance with Chapter 119. of the Revised	104993
Code. Rules governing financial and other administrative	104994
requirements applicable to the department of job and family	104995
services and county departments of job and family services shall	104996
be adopted in accordance with section 111.15 of the Revised Code.	104997

(A) The rules shall specify, establish, or govern all of the	104998
following:	104999

(1) A payment standard for Ohio works first based on federal	105000
and state appropriations that is increased in accordance with	105001
section 5107.04 of the Revised Code;	105002

(2) For the purpose of section 5107.04 of the Revised Code,	105003
the method of determining the amount of cash assistance an	105004
assistance group receives under Ohio works first;	105005

(3) Requirements for initial and continued eligibility for	105006
Ohio works first, including requirements regarding income,	105007
citizenship, age, residence, and assistance group composition;	105008

(4) For the purpose of section 5107.12 of the Revised Code,	105009
application and verification procedures, including the minimum	105010
information an application must contain;	105011

(5) The extent to which a participant of Ohio works first	105012
must notify, pursuant to section 5107.12 of the Revised Code, a	105013
county department of job and family services of additional income	105014
not previously reported to the county department;	105015

(6) For the purpose of section 5107.16 of the Revised Code,	105016
~~standards~~all of the following:	105017

(a) Standards for the determination of good cause for failure	105018
or refusal to comply in full with a provision of a	105019
self-sufficiency contract;	105020

(b) The compliance form a member of an assistance group may	105021
complete to indicate willingness to come into full compliance	105022
with a provision of a self-sufficiency contract;	105023

(c) The manner by which the compliance form is to be	105024
completed and provided to a county department of job and family	105025
services.	105026

(7) The department of job and family services providing	105027
written notice of a sanction under section 5107.161 of the Revised	105028
Code;	105029

(8) For the purpose of division (A)(2) of section 5107.17 of	105030
the Revised Code, the period of time by which a county department	105031
of job and family services is to receive a compliance form	105032
established in rules adopted under division (A)(6)(b) of this	105033
section;	105034

(9) Requirements for the collection and distribution of	105035
support payments owed participants of Ohio works first pursuant to	105036
section 5107.20 of the Revised Code;	105037

~~(9)~~(10) For the purpose of section 5107.22 of the Revised	105038
Code, what constitutes cooperating in establishing a minor	105039
child's paternity or establishing, modifying, or enforcing a	105040
child support order and good cause for failure or refusal to	105041
cooperate;	105042

~~(10)~~(11) The requirements governing the LEAP program,	105043
including the definitions of "equivalent of a high school	105044
diploma" and "good cause," and the incentives provided under the	105045
LEAP program;	105046

~~(11)~~(12) If the director implements section 5107.301 of the	105047
Revised Code, the requirements governing the award provided under	105048
that section, including the form that the award is to take and	105049
requirements an individual must satisfy to receive the award;	105050

~~(12)~~(13) Circumstances under which a county department of job	105051
and family services may exempt a minor head of household or adult	105052
from participating in a work activity or developmental activity	105053
for all or some of the weekly hours otherwise required by section	105054
5107.43 of the Revised Code.	105055

~~(13)~~(14) The maximum amount of time the department will	105056
subsidize positions created by state agencies and political	105057
subdivisions under division (C) of section 5107.52 of the Revised	105058
Code;	105059

~~(14)~~(15) The implementation of sections 5107.71 to 5107.717	105060
of the Revised Code by county departments of job and family	105061
services;	105062

~~(15)~~(16) A domestic violence screening process to be used for	105063
the purpose of division (A) of section 5107.71 of the Revised	105064
Code;	105065

~~(16)~~(17) The minimum frequency with which county departments	105066
of job and family services must redetermine a member of an	105067
assistance group's need for a waiver issued under section	105068
5107.714 of the Revised Code.	105069

(B) The rules adopted under division (A)(3) of this section	105070
regarding income shall specify what is countable income, gross	105071
earned income, and gross unearned income for the purpose of	105072
section 5107.10 of the Revised Code.	105073

The rules adopted under division (A)~~(9)~~(10) of this section	105074
shall be consistent with 42 U.S.C. 654(29).	105075

The rules adopted under division (A)~~(12)~~(13) of this section	105076
shall specify that the circumstances include that a school or	105077
place of work is closed due to a holiday or weather or other	105078
emergency and that an employer grants the minor head of household	105079
or adult leave for illness or earned vacation.	105080

(C) The rules may provide that a county department of job and	105081
family services is not required to take action under section	105082
5107.76 of the Revised Code to recover an erroneous payment that	105083
is below an amount the department specifies.	105084

Sec. 5107.16. (A) If a member of an assistance group fails	105085
or refuses, without good cause, to comply in full with a provision	105086
of a self-sufficiency contract entered into under section 5107.14	105087
of the Revised Code, a county department of job and family	105088
services shall sanction the assistance group as follows:	105089

(1) For a first failure or refusal, the county department	105090
shall deny or terminate the assistance group's eligibility to	105091
participate in Ohio works first for one payment month or until the	105092
failure or refusal ceases, whichever is longer;	105093

(2) For a second failure or refusal, the county department	105094
shall deny or terminate the assistance group's eligibility to	105095
participate in Ohio works first for three payment months or until	105096
the failure or refusal ceases, whichever is longer;	105097

(3) For a third or subsequent failure or refusal, the county	105098
department shall deny or terminate the assistance group's	105099
eligibility to participate in Ohio works first for six payment	105100
months or until the failure or refusal ceases, whichever is	105101
longer.	105102

(B) The director of job and family services shall establish	105103
standards for the determination of good cause for failure or	105104
refusal to comply in full with a provision of a self-sufficiency	105105
contract in rules adopted under section 5107.05 of the Revised	105106
Code.	105107

(C) The director of job and family services shall provide a	105108
compliance form established in rules adopted under section 5107.05	105109
of the Revised Code to an assistance group member who fails or	105110
refuses, without good cause, to comply in full with a provision of	105111
a self-sufficiency contract. The member's failure or refusal to	105112
comply in full with the provision shall be deemed to have ceased	105113
on the date a county department of job and family services	105114
receives the compliance form from the member if the compliance	105115
form is completed and provided to the county department in the	105116
manner specified in rules adopted under section 5107.05 of the	105117
Revised Code.	105118

(D) After sanctioning an assistance group under division (A)	105119
of this section, a county department of job and family services	105120
shall continue to work with the assistance group.	105121

~~(D)~~(E) An adult eligible for medicaid pursuant to division	105122
(A)(1)(a) of section 5111.01 of the Revised Code who is sanctioned	105123
under division (A)(3) of this section for a failure or refusal,	105124
without good cause, to comply in full with a provision of a	105125
self-sufficiency contract related to work responsibilities under	105126
sections 5107.40 to 5107.69 of the Revised Code loses eligibility	105127
for medicaid unless the adult is otherwise eligible for medicaid	105128
pursuant to another division of section 5111.01 of the Revised	105129
Code.	105130

An assistance group that would be participating in Ohio	105131
works first if not for a sanction under this section shall	105132
continue to be eligible for all of the following:	105133

(1) Publicly funded child care in accordance with division	105134
(A)(3) of section 5104.30 of the Revised Code;	105135

(2) Support services in accordance with section 5107.66 of	105136
the Revised Code;	105137

(3) To the extent permitted by the "Fair Labor Standards Act	105138
of 1938," 52 Stat. 1060, 29 U.S.C. 201, as amended, to	105139
participate in work activities, developmental activities, and	105140
alternative work activities in accordance with sections 5107.40 to	105141
5107.69 of the Revised Code.	105142

Sec. 5107.17. An assistance group that resumes participation	105143
in Ohio works first following a sanction under section 5107.16 of	105144
the Revised Code is not required to do either of the following:	105145

(A) Reapply under section 5107.12 of the Revised Code, unless	105146
iteither of the following applies:	105147

(1) It is the assistance group's regularly scheduled time for	105148
an eligibility redetermination;	105149

(2) The county department of job and family services does not	105150
receive the completed compliance form established in rules adopted	105151
under section 5107.05 of the Revised Code within the period of	105152
time specified in rules adopted under that section.	105153

(B) Enter into a new self-sufficiency contract under section	105154
5107.14 of the Revised Code, unless the county department of job	105155
and family services determines it is time for a new appraisal	105156
under section 5107.41 of the Revised Code or the assistance	105157
group's circumstances have changed in a manner necessitating an	105158
amendment to the self-sufficiency contract as determined using	105159
procedures included in the contract under division (B)(9) of	105160
section 5107.14 of the Revised Code.	105161

Sec. 5107.78. ~~The department of job and family services~~	105162
~~shall include a notice with the following information with~~With	105163
each cash assistance payment provided under Ohio works first to an	105164
assistance group residing in a county in which the computer system	105165
known as support enforcement tracking system is in operation:	105166

~~(A) The number of months the assistance group has~~	105167
~~participated in Ohio works first and the remaining number of~~	105168
~~months the assistance group may participate in the program as~~	105169
~~limited by section 5107.18 of the Revised Code;~~	105170

~~(B) The~~, the department of job and family services shall	105171
include a notice of the amount of support payments due a member of	105172
the assistance group that a child support enforcement agency	105173
collected and paid to the department pursuant to section 5107.20	105174
of the Revised Code during the most recent month for which the	105175
department has this information.	105176

Sec. 5108.04. Each county department of job and family	105177
services shall adopt a written statement of policies governing the	105178
prevention, retention, and contingency program for the county.	105179
The statement of policies shall be adopted not later than October	105180
1, 2003, and shall be updated at least every two years thereafter.	105181
A county department may amend its statement of policies to modify,	105182
terminate, and establish new policies. A county department also	105183
may amend its statement of policies to suspend operation of its	105184
prevention, retention, and contingency program temporarily. The	105185
county director of job and family services shall sign and date the	105186
statement of policies and any amendment to it. Neither the	105187
statement of policies nor any amendment to it may have an	105188
effective date that is earlier than the date of the county	105189
director's signature.	105190

Each county department of job and family services shall	105191
provide the department of job and family services a written copy	105192
of the statement of policies and any amendments it adopts to the	105193
statement not later than ten calendar days after the statement or	105194
amendment's effective date.	105195

Sec. 5108.07. (A) Each statement of policies adopted under	105196
section 5108.04 of the Revised Code shall include the board of	105197
county commissioners' certification that the county department of	105198
job and family services complied with this chapter in adopting the	105199
statement of policies.	105200

(B) The board of county commissioners shall revise its	105201
certification under division (A) of this section if ~~an amendment~~	105202
~~to the statement of policies that~~the county department adopts an	105203
amendment under section 5108.04 of the Revised Code to suspend	105204
operation of its prevention, retention, and contingency program	105205
temporarily or any other amendment under that section the board	105206
considers to be significant ~~is adopted under section 5108.04 of~~	105207
~~the Revised Code~~.	105208

Sec. 5111.01. As used in this chapter, "medical assistance	105209
program" or "medicaid" means the program that is authorized by	105210
this chapter and provided by the department of job and family	105211
services under this chapter, Title XIX of the "Social Security	105212
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, and the	105213
waivers of Title XIX requirements granted to the department by the	105214
centers for medicare and medicaid services of the United States	105215
department of health and human services.	105216

The department of job and family services shall act as the	105217
single state agency to supervise the administration of the	105218
medicaid program. As the single state agency, the department shall	105219
comply with 42 C.F.R. 431.10(e). The department's rules governing	105220
medicaid are binding on other agencies that administer components	105221
of the medicaid program. No agency may establish, by rule or	105222
otherwise, a policy governing medicaid that is inconsistent with a	105223
medicaid policy established, in rule or otherwise, by the director	105224
of job and family services.	105225

(A) The department of job and family services may provide	105226
medical assistance under the medicaid program as long as federal	105227
funds are provided for such assistance, to the following:	105228

(1) Families with children that meet either of the following	105229
conditions:	105230

(a) The family meets the income, resource, and family	105231
composition requirements in effect on July 16, 1996, for the	105232
former aid to dependent children program as those requirements	105233
were established by Chapter 5107. of the Revised Code, federal	105234
waivers granted pursuant to requests made under former section	105235
5101.09 of the Revised Code, and rules adopted by the department	105236
or any changes the department makes to those requirements in	105237
accordance with paragraph (a)(2) of section 114 of the "Personal	105238
Responsibility and Work Opportunity Reconciliation Act of 1996,"	105239
110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of	105240
implementing section ~~5111.019~~5111.0120 of the Revised Code. An	105241
adult loses eligibility for medicaid under division (A)(1)(a) of	105242
this section pursuant to division ~~(D)~~(E) of section 5107.16 of	105243
the Revised Code.	105244

(b) The family does not meet the requirements specified in	105245
division (A)(1)(a) of this section but is eligible for medicaid	105246
pursuant to section 5101.18 of the Revised Code.	105247

(2) Aged, blind, and disabled persons who meet the following	105248
conditions:	105249

(a) Receive federal aid under Title XVI of the "Social	105250
Security Act," or are eligible for but are not receiving such aid,	105251
provided that the income from all other sources for individuals	105252
with independent living arrangements shall not exceed one hundred	105253
seventy-five dollars per month. The income standards hereby	105254
established shall be adjusted annually at the rate that is used by	105255
the United States department of health and human services to	105256
adjust the amounts payable under Title XVI.	105257

(b) Do not receive aid under Title XVI, but meet any of the	105258
following criteria:	105259

(i) Would be eligible to receive such aid, except that their	105260
income, other than that excluded from consideration as income	105261
under Title XVI, exceeds the maximum under division (A)(2)(a) of	105262
this section, and incurred expenses for medical care, as	105263
determined under federal regulations applicable to section 209(b)	105264
of the "Social Security Amendments of 1972," 86 Stat. 1381, 42	105265
U.S.C.A. 1396a(f), as amended, equal or exceed the amount by which	105266
their income exceeds the maximum under division (A)(2)(a) of this	105267
section;	105268

(ii) Received aid for the aged, aid to the blind, or aid for	105269
the permanently and totally disabled prior to January 1, 1974, and	105270
continue to meet all the same eligibility requirements;	105271

(iii) Are eligible for medicaid pursuant to section 5101.18	105272
of the Revised Code.	105273

(3) Persons to whom federal law requires, as a condition of	105274
state participation in the medicaid program, that medicaid be	105275
provided;	105276

(4) Persons under age twenty-one who meet the income	105277
requirements for the Ohio works first program established under	105278
Chapter 5107. of the Revised Code but do not meet other	105279
eligibility requirements for the program. The director shall	105280
adopt rules in accordance with Chapter 119. of the Revised Code	105281
specifying which Ohio works first requirements shall be waived for	105282
the purpose of providing medicaid eligibility under division	105283
(A)(4) of this section.	105284

(B) If sufficient funds are appropriated for the medicaid	105285
program, the department may provide medical assistance under the	105286
medicaid program to persons in groups designated by federal law	105287
as groups to which a state, at its option, may provide medical	105288
assistance under the medicaid program.	105289

(C) The department may expand eligibility for the medicaid	105290
program to include individuals under age nineteen with family	105291
incomes at or below one hundred fifty per cent of the federal	105292
poverty guidelines, except that the eligibility expansion shall	105293
not occur unless the department receives the approval of the	105294
federal government. The department may implement the eligibility	105295
expansion authorized under this division on any date selected by	105296
the department, but not sooner than January 1, 1998.	105297

(D) In addition to any other authority or requirement to	105298
adopt rules under this chapter, the director may adopt rules in	105299
accordance with section 111.15 of the Revised Code as the director	105300
considers necessary to establish standards, procedures, and other	105301
requirements regarding the provision of medical assistance under	105302
the medicaid program. The rules may establish requirements to be	105303
followed in applying for medicaid, making determinations of	105304
eligibility for medicaid, and verifying eligibility for medicaid.	105305
The rules may include special conditions as the department	105306
determines appropriate for making applications, determining	105307
eligibility, and verifying eligibility for any medical assistance	105308
that the department may provide under the medicaid program	105309
pursuant to division (C) of this section and section 5111.014 or	105310
~~5111.019~~5111.0120 of the Revised Code.	105311

~~Sec. 5111.019.~~ Sec. 5111.0120. The director of job and family	105312
services shall submit to the United States secretary of health	105313
and human services an amendment to the state medicaid plan to make	105314
an individual eligible for medicaid who meets all of the	105315
following requirements:	105316

(A) The individual is the parent of a child under nineteen	105317
years of age and resides with the child;	105318

(B) The individual's family income does not exceed ninety	105319
per cent of the federal poverty guidelines;	105320

105321

(D) The individual satisfies all relevant requirements	105322
established by rules adopted under division (D) of section 5111.01	105323
of the Revised Code.	105324

Sec. 5111.0121. A parent eligible for the medicaid program	105325
pursuant to section 5111.0120 of the Revised Code shall not be	105326
required to undergo a redetermination of eligibility for the	105327
medicaid program more often than once every twelve months unless	105328
there are reasonable grounds to believe that circumstances have	105329
changed that may affect the parent's eligibility.	105330

Sec. 5111.028. (A) Pursuant to section 5111.02 of the	105331
Revised Code, the director of job and family services shall adopt	105332
rules establishing procedures for the use of time-limited	105333
provider agreements under the medicaid program. Except as	105334
provided in division (E) of this section, all provider agreements	105335
shall be time-limited in accordance with the procedures	105336
established in the rules.	105337

The department of job and family services shall phase-in the	105338
use of time-limited provider agreements pursuant to this section	105339
during a period commencing not later than January 1, 2008, and	105340
ending January 1, ~~2011~~2015.	105341

(B) In the use of time-limited provider agreements pursuant	105342
to this section, all of the following apply:	105343

(1) Each provider agreement shall expire not later than	105344
~~three~~seven years from the effective date of the agreement.	105345

(2) During the phase-in period specified in division (A) of	105346
this section, the department may provide for the conversion of a	105347
provider agreement without a time limit to a provider agreement	105348
with a time limit. The department may take an action to convert	105349
the provider agreement by sending a notice by regular mail to the	105350
address of the provider on record with the department advising the	105351
provider of the conversion.	105352

(3) The department may make the effective date of a provider	105353
agreement retroactive for a period not to exceed one year from the	105354
date of the provider's application for the agreement, as long as	105355
the provider met all medicaid program requirements during that	105356
period.	105357

(C) The rules for use of time-limited provider agreements	105358
pursuant to this section shall include a process for re-enrollment	105359
of providers. All of the following apply to the re-enrollment	105360
process:	105361

(1) The department of job and family services may terminate a	105362
time-limited provider agreement or deny re-enrollment when a	105363
provider fails to file an application for re-enrollment within	105364
the time and in the manner required under the re-enrollment	105365
process.	105366

(2) If a provider files an application for re-enrollment	105367
within the time and in the manner required under the re-enrollment	105368
process, but the provider agreement expires before the department	105369
acts on the application or before the effective date of the	105370
department's decision on the application, the provider may	105371
continue operating under the terms of the expired provider	105372
agreement until the effective date of the department's decision.	105373

(3) A decision by the department to approve an application	105374
for re-enrollment becomes effective on the date of the	105375
department's decision. A decision by the department to deny	105376
re-enrollment shall take effect not sooner than thirty days after	105377
the date the department mails written notice of the decision to	105378
the provider. The department shall specify in the notice the date	105379
on which the provider is required to cease operating under the	105380
provider agreement.	105381

(D) Pursuant to section 5111.06 of the Revised Code, the	105382
department is not required to take the actions specified in	105383
division (C)(1) of this section by issuing an order pursuant to an	105384
adjudication conducted in accordance with Chapter 119. of the	105385
Revised Code.	105386

(E) The use of time-limited provider agreements pursuant to	105387
this section does not apply to provider agreements issued to the	105388
following, including any provider agreements issued to the	105389
following that are otherwise time-limited under the medicaid	105390
program:	105391

(1) A managed care organization under contract with the	105392
department pursuant to section 5111.17 of the Revised Code;	105393

(2) A nursing facility, as defined in section 5111.20 of the	105394
Revised Code;	105395

(3) An intermediate care facility for the mentally retarded,	105396
as defined in section 5111.20 of the Revised Code;	105397

(4) A hospital.

105398

Sec. 5111.0210. As used in this section, "advanced	105399
diagnostic imaging services" means magnetic resonance imaging	105400
services, computed tomography services, positron emission	105401
tomography services, cardiac nuclear medicine services, and	105402
similar imaging services.	105403

Not later than January 1, 2010, the department of job and	105404
family services shall implement evidence-based, best practice	105405
guidelines or protocols and decision support tools for advanced	105406
diagnostic imaging services available under the fee-for-service	105407
component of the medicaid program.	105408

Sec. 5111.032. (A) As used in this section:

105409

(1) "Criminal records check" has the same meaning as in	105410
section 109.572 of the Revised Code.	105411

(2) "Department" includes a designee of the department of job	105412
and family services.	105413

(3) "Owner" means a person who has an ownership interest in a	105414
provider in an amount designated by the department of job and	105415
family services in rules adopted under this section.	105416

(4) "Provider" means a person, institution, or entity that	105417
has a provider agreement with the department of job and family	105418
services pursuant to Title XIX of the "Social Security Act," 49	105419
State. 620 (1965), 42 U.S.C. 1396, as amended.	105420

(B)(1) Except as provided in division (B)(2) of this section,	105421
the department of job and family services may require that any	105422
provider, applicant to be a provider, employee or prospective	105423
employee of a provider, owner or prospective owner of a provider,	105424
officer or prospective officer of a provider, or board member or	105425
prospective board member of a provider submit to a criminal	105426
records check as a condition of obtaining a provider agreement,	105427
continuing to hold a provider agreement, being employed by a	105428
provider, having an ownership interest in a provider, or being an	105429
officer or board member of a provider. The department may	105430
designate the categories of persons who are subject to the	105431
criminal records check requirement. The department shall designate	105432
the times at which the criminal records checks must be conducted.	105433

(2) The section does not apply to providers, applicants to be	105434
providers, employees of a provider, or prospective employees of a	105435
provider who are subject to criminal records checks under section	105436
5111.033 or 5111.034 of the Revised Code.	105437

(C)(1) The department shall inform each provider or applicant	105438
to be a provider whether the provider or applicant is subject to a	105439
criminal records check requirement under division (B) of this	105440
section. For providers, the information shall be given at times	105441
designated in rules adopted under this section. For applicants to	105442
be providers, the information shall be given at the time of	105443
initial application. When the information is given, the department	105444
shall specify which of the provider's or applicant's employees or	105445
prospective employees, owners or prospective owners, officers or	105446
prospective officers, or board members or prospective board	105447
members are subject to the criminal records check requirement.	105448

(2) At times designated in rules adopted under this section,	105449
a provider that is subject to the criminal records check	105450
requirement shall inform each person specified by the department	105451
under division (C)(1) of this section that the person is required,	105452
as applicable, to submit to a criminal records check for final	105453
consideration for employment in a full-time, part-time, or	105454
temporary position; as a condition of continued employment; or as	105455
a condition of becoming or continuing to be an officer, board	105456
member or owner of a provider.	105457

(D)(1) If a provider or applicant to be a provider is	105458
subject to a criminal records check under this section, the	105459
department shall require the conduct of a criminal records check	105460
by the superintendent of the bureau of criminal identification	105461
and investigation. If a provider or applicant to be a provider	105462
for whom a criminal records check is required does not present	105463
proof of having been a resident of this state for the five-year	105464
period immediately prior to the date the criminal records check	105465
is requested or provide evidence that within that five-year	105466
period the superintendent has requested information about the	105467
individual from the federal bureau of investigation in a criminal	105468
records check, the department shall require the provider or	105469
applicant to request that the superintendent obtain information	105470
from the federal bureau of investigation as part of the criminal	105471
records check of the provider or applicant. Even if a provider or	105472
applicant for whom a criminal records check request is required	105473
presents proof of having been a resident of this state for the	105474
five-year period, the department may require that the provider or	105475
applicant request that the superintendent obtain information from	105476
the federal bureau of investigation and include it in the criminal	105477
records check of the provider or applicant.	105478

(2) A provider shall require the conduct of a criminal	105479
records check by the superintendent with respect to each of the	105480
persons specified by the department under division (C)(1) of this	105481
section. If the person for whom a criminal records check is	105482
required does not present proof of having been a resident of this	105483
state for the five-year period immediately prior to the date the	105484
criminal records check is requested or provide evidence that	105485
within that five-year period the superintendent of the bureau of	105486
criminal identification and investigation has requested	105487
information about the individual from the federal bureau of	105488
investigation in a criminal records check, the individual shall	105489
request that the superintendent obtain information from the	105490
federal bureau of investigation as part of the criminal records	105491
check of the individual. Even if an individual for whom a criminal	105492
records check request is required presents proof of having been a	105493
resident of this state for the five-year period, the department	105494
may require the provider to request that the superintendent obtain	105495
information from the federal bureau of investigation and include	105496
it in the criminal records check of the person.	105497

(E)(1) Criminal records checks required under this section	105498
for providers or applicants to be providers shall be obtained as	105499
follows:	105500

(a) The department shall provide each provider or applicant	105501
information about accessing and completing the form prescribed	105502
pursuant to division (C)(1) of section 109.572 of the Revised Code	105503
and the standard fingerprint impression sheet prescribed pursuant	105504
to division (C)(2) of that section.	105505

(b) The provider or applicant shall submit the required form	105506
and one complete set of fingerprint impressions directly to the	105507
superintendent for purposes of conducting the criminal records	105508
check using the applicable methods prescribed by division (C) of	105509
section 109.572 of the Revised Code. The applicant or provider	105510
shall pay all fees associated with obtaining the criminal records	105511
check.	105512

(c) The superintendent shall conduct the criminal records	105513
check in accordance with section 109.572 of the Revised Code. The	105514
provider or applicant shall instruct the superintendent to submit	105515
the report of the criminal records check directly to the director	105516
of job and family services.	105517

(2) Criminal records checks required under this section for	105518
persons specified by the department under division (C)(1) of this	105519
section shall be obtained as follows:	105520

(a) The provider shall give to each person subject to	105521
criminal records check requirement information about accessing and	105522
completing the form prescribed pursuant to division (C)(1) of	105523
section 109.572 of the Revised Code and the standard fingerprint	105524
impression sheet prescribed pursuant to division (C)(2) of that	105525
section.	105526

(b) The person shall submit the required form and one	105527
complete set of fingerprint impressions directly to the	105528
superintendent for purposes of conducting the criminal records	105529
check using the applicable methods prescribed by division (C) of	105530
section 109.572 of the Revised Code. The person shall pay all fees	105531
associated with obtaining the criminal records check.	105532

(c) The superintendent shall conduct the criminal records	105533
check in accordance with section 109.572 of the Revised Code. The	105534
person subject to the criminal records check shall instruct the	105535
superintendent to submit the report of the criminal records check	105536
directly to the provider. The department may require the provider	105537
to submit the report to the department.	105538

(F) If a provider or applicant to be a provider is given the	105539
information specified in division (E)(1)(a) of this section but	105540
fails to obtain a criminal records check, the department shall, as	105541
applicable, terminate the provider agreement or deny the	105542
application to be a provider.	105543

If a person is given the information specified in division	105544
(E)(2)(a) of this section but fails to obtain a criminal records	105545
check, the provider shall not, as applicable, permit the person to	105546
be an employee, owner, officer, or board member of the provider.	105547

(G) Except as provided in rules adopted under division (J) of	105548
this section, the department shall terminate the provider	105549
agreement of a provider or the department shall not issue a	105550
provider agreement to an applicant if the provider or applicant is	105551
subject to a criminal records check under this section and the	105552
provider or applicant has been convicted of, has pleaded guilty	105553
to, or has been found eligible for intervention in lieu of	105554
conviction for any of the following, regardless of the date of the	105555
conviction, the date of entry of the guilty plea, or the date the	105556
applicant or provider was found eligible for intervention in lieu	105557
of conviction:	105558

(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	105559
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	105560
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	105561
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	105562
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	105563
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	105564
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	105565
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	105566
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	105567
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	105568
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	105569
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	105570
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	105571
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	105572
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	105573
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious	105574
sexual penetration in violation of former section 2907.12 of the	105575
Revised Code, a violation of section 2905.04 of the Revised Code	105576
as it existed prior to July 1, 1996, a violation of section	105577
2919.23 of the Revised Code that would have been a violation of	105578
section 2905.04 of the Revised Code as it existed prior to July	105579
1, 1996, had the violation been committed prior to that date;	105580

(2) AnA violation of an existing or former municipal	105581
ordinance or law of this state, any other state, or the United	105582
States that is substantially equivalent to any of the offenses	105583
listed in division (G)(1) of this section.	105584

(H)(1)(a) Except as provided in rules adopted under division	105585
(J) of this section and subject to division (H)(2) of this	105586
section, no provider shall permit a person to be an employee,	105587
owner, officer, or board member of the provider if the person is	105588
subject to a criminal records check under this section and the	105589
person has been convicted of, has pleaded guilty to, or has been	105590
found eligible for intervention in lieu of conviction for any of	105591
the offenses specified in division (G)(1) or (2) of this section.	105592

(b) No provider shall employ a person who has been excluded	105593
from participating in the medicaid program, the medicare program	105594
operated pursuant to Title XVIII of the "Social Security Act," or	105595
any other federal health care program.	105596

(2)(a) A provider may employ conditionally a person for whom	105597
a criminal records check is required under this section prior to	105598
obtaining the results of a criminal records check regarding the	105599
person, but only if the person submits a request for a criminal	105600
records check not later than five business days after the	105601
individual begins conditional employment.	105602

(b) A provider that employs a person conditionally under	105603
authority of division (H)(2)(a) of this section shall terminate	105604
the person's employment if the results of the criminal records	105605
check request are not obtained within the period ending sixty days	105606
after the date the request is made. Regardless of when the results	105607
of the criminal records check are obtained, if the results	105608
indicate that the individual has been convicted of, has pleaded	105609
guilty to, or has been found eligible for intervention in lieu of	105610
conviction for any of the offenses specified in division (G)(1) or	105611
(2) of this section, the provider shall terminate the person's	105612
employment unless the provider chooses to employ the individual	105613
pursuant to division (J) of this section.	105614

(I) The report of a criminal records check conducted pursuant	105615
to this section is not a public record for the purposes of section	105616
149.43 of the Revised Code and shall not be made available to any	105617
person other than the following:	105618

(1) The person who is the subject of the criminal records	105619
check or the person's representative;	105620

(2) The director of job and family services and the staff of	105621
the department in the administration of the medicaid program;	105622

(3) A court, hearing officer, or other necessary individual	105623
involved in a case dealing with the denial or termination of a	105624
provider agreement;	105625

(4) A court, hearing officer, or other necessary individual	105626
involved in a case dealing with a person's denial of employment,	105627
termination of employment, or employment or unemployment benefits.	105628

(J) The department may adopt rules in accordance with Chapter	105629
119. of the Revised Code to implement this section. The rules may	105630
specify circumstances under which the department may continue a	105631
provider agreement or issue a provider agreement to an applicant	105632
when the provider or applicant has been convicted of, has pleaded	105633
guilty to, or has been found eligible for intervention in lieu of	105634
conviction for any of the offenses specified in division (G)(1) or	105635
(2) of this section. The rules may also specify circumstances	105636
under which a provider may permit a person to be an employee,	105637
owner, officer, or board member of the provider, when the person	105638
has been convicted of, has pleaded guilty to, or has been found	105639
eligible for intervention in lieu of conviction for any of the	105640
offenses specified in division (G)(1) or (2) of this section.	105641

Sec. 5111.033. (A) As used in this section:

105642

(1) "Applicant" means a person who is under final	105643
consideration for employment or, after September 26, 2003, an	105644
existing employee with a waiver agency in a full-time, part-time,	105645
or temporary position that involves providing home and	105646
community-based waiver services to a person with disabilities.	105647
"Applicant" also means an existing employee with a waiver agency	105648
in a full-time, part-time, or temporary position that involves	105649
providing home and community-based waiver services to a person	105650
with disabilities after September 26, 2003.	105651

(2) "Criminal records check" has the same meaning as in	105652
section 109.572 of the Revised Code.	105653

(3) "Waiver agency" means a person or government entity that	105654
is not certified under the medicare program and is accredited by	105655
the community health accreditation program or the joint commission	105656
on accreditation of health care organizations or a company that	105657
provides home and community-based waiver services to persons with	105658
disabilities through department of job and family services	105659
administered home and community-based waiver programs.	105660

(4) "Home and community-based waiver services" means services	105661
furnished under the provision of 42 C.F.R. 441, subpart G, that	105662
permit individuals to live in a home setting rather than a nursing	105663
facility or hospital. Home and community-based waiver services are	105664
approved by the centers for medicare and medicaid for specific	105665
populations and are not otherwise available under the medicaid	105666
state plan.	105667

(B)(1) The chief administrator of a waiver agency shall	105668
require each applicant to request that the superintendent of the	105669
bureau of criminal identification and investigation conduct a	105670
criminal records check with respect to the applicant. If an	105671
applicant for whom a criminal records check request is required	105672
under this division does not present proof of having been a	105673
resident of this state for the five-year period immediately prior	105674
to the date the criminal records check is requested or provide	105675
evidence that within that five-year period the superintendent has	105676
requested information about the applicant from the federal bureau	105677
of investigation in a criminal records check, the chief	105678
administrator shall require the applicant to request that the	105679
superintendent obtain information from the federal bureau of	105680
investigation as part of the criminal records check of the	105681
applicant. Even if an applicant for whom a criminal records check	105682
request is required under this division presents proof of having	105683
been a resident of this state for the five-year period, the chief	105684
administrator may require the applicant to request that the	105685
superintendent include information from the federal bureau of	105686
investigation in the criminal records check.	105687

(2) The chief administrator shall provide the following to	105688
each applicant for whom a criminal records check request is	105689
required under division (B)(1) of this section:	105690

(a) Information about accessing, completing, and forwarding	105691
to the superintendent of the bureau of criminal identification and	105692
investigation the form prescribed pursuant to division (C)(1) of	105693
section 109.572 of the Revised Code and the standard fingerprint	105694
impression sheet prescribed pursuant to division (C)(2) of that	105695
section;	105696

(b) Written notification that the applicant is to instruct	105697
the superintendent to submit the completed report of the criminal	105698
records check directly to the chief administrator.	105699

(3) An applicant given information and notification under	105700
divisions (B)(2)(a) and (b) of this section who fails to access,	105701
complete, and forward to the superintendent the form or the	105702
standard fingerprint impression sheet, or who fails to instruct	105703
the superintendent to submit the completed report of the criminal	105704
records check directly to the chief administrator, shall not be	105705
employed in any position in a waiver agency for which a criminal	105706
records check is required by this section.	105707

(C)(1) Except as provided in rules adopted by the department	105708
of job and family services in accordance with division (F) of this	105709
section and subject to division (C)(2) of this section, no waiver	105710
agency shall employ a person in a position that involves providing	105711
home and community-based waiver services to persons with	105712
disabilities if the person has been convicted of, has pleaded	105713
guilty to, or has been found eligible for intervention in lieu of	105714
conviction for any of the following, regardless of the date of the	105715
conviction, the date of entry of the guilty plea, or the date the	105716
person was found eligible for intervention in lieu of conviction:	105717

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	105718
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	105719
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	105720
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	105721
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	105722
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	105723
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	105724
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	105725
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	105726
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	105727
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	105728
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	105729
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	105730
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	105731
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	105732
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious	105733
sexual penetration in violation of former section 2907.12 of the	105734
Revised Code, a violation of section 2905.04 of the Revised Code	105735
as it existed prior to July 1, 1996, a violation of section	105736
2919.23 of the Revised Code that would have been a violation of	105737
section 2905.04 of the Revised Code as it existed prior to July	105738
1, 1996, had the violation been committed prior to that date;	105739

(b) AnA violation of an existing or former municipal	105740
ordinance or law of this state, any other state, or the United	105741
States that is substantially equivalent to any of the offenses	105742
listed in division (C)(1)(a) of this section.	105743

(2)(a) A waiver agency may employ conditionally an applicant	105744
for whom a criminal records check request is required under	105745
division (B) of this section prior to obtaining the results of a	105746
criminal records check regarding the individual, provided that the	105747
agency shall require the individual to request a criminal records	105748
check regarding the individual in accordance with division (B)(1)	105749
of this section not later than five business days after the	105750
individual begins conditional employment.	105751

(b) A waiver agency that employs an individual conditionally	105752
under authority of division (C)(2)(a) of this section shall	105753
terminate the individual's employment if the results of the	105754
criminal records check request under division (B) of this section,	105755
other than the results of any request for information from the	105756
federal bureau of investigation, are not obtained within the	105757
period ending sixty days after the date the request is made.	105758
Regardless of when the results of the criminal records check are	105759
obtained, if the results indicate that the individual has been	105760
convicted of, has pleaded guilty to, or has been found eligible	105761
for intervention in lieu of conviction for any of the offenses	105762
listed or described in division (C)(1) of this section, the agency	105763
shall terminate the individual's employment unless the agency	105764
chooses to employ the individual pursuant to division (F) of this	105765
section.	105766

(D)(1) The fee prescribed pursuant to division (C)(3) of	105767
section 109.572 of the Revised Code for each criminal records	105768
check conducted pursuant to a request made under division (B) of	105769
this section shall be paid to the bureau of criminal	105770
identification and investigation by the applicant or the waiver	105771
agency.	105772

(2) If a waiver agency pays the fee, it may charge the	105773
applicant a fee not exceeding the amount the agency pays under	105774
division (D)(1) of this section. An agency may collect a fee only	105775
if the agency notifies the person at the time of initial	105776
application for employment of the amount of the fee and that,	105777
unless the fee is paid, the person will not be considered for	105778
employment.	105779

(E) The report of any criminal records check conducted	105780
pursuant to a request made under this section is not a public	105781
record for the purposes of section 149.43 of the Revised Code and	105782
shall not be made available to any person other than the	105783
following:	105784

(1) The individual who is the subject of the criminal records	105785
check or the individual's representative;	105786

(2) The chief administrator of the agency requesting the	105787
criminal records check or the administrator's representative;	105788

(3) An administrator at the department;

105789

(4) A court, hearing officer, or other necessary individual	105790
involved in a case dealing with a denial of employment of the	105791
applicant or dealing with employment or unemployment benefits of	105792
the applicant.	105793

(F) The department shall adopt rules in accordance with	105794
Chapter 119. of the Revised Code to implement this section. The	105795
rules shall specify circumstances under which a waiver agency may	105796
employ a person who has been convicted of, has pleaded guilty to,	105797
or has been found eligible for intervention in lieu of conviction	105798
for an offense listed or described in division (C)(1) of this	105799
section.	105800

(G) The chief administrator of a waiver agency shall inform	105801
each person, at the time of initial application for a position	105802
that involves providing home and community-based waiver services	105803
to a person with a disability, that the person is required to	105804
provide a set of fingerprint impressions and that a criminal	105805
records check is required to be conducted if the person comes	105806
under final consideration for employment.	105807

(H)(1) A person who, on September 26, 2003, is an employee	105808
of a waiver agency in a full-time, part-time, or temporary	105809
position that involves providing home and community-based waiver	105810
services to a person with disabilities shall comply with this	105811
section within sixty days after September 26, 2003, unless	105812
division (H)(2) of this section applies.	105813

(2) This section shall not apply to a person to whom all of	105814
the following apply:	105815

(a) On September 26, 2003, the person is an employee of a	105816
waiver agency in a full-time, part-time, or temporary position	105817
that involves providing home and community-based waiver services	105818
to a person with disabilities.	105819

(b) The person previously had been the subject of a criminal	105820
background check relating to that position;	105821

(c) The person has been continuously employed in that	105822
position since that criminal background check had been conducted.	105823

Sec. 5111.034. (A) As used in this section:

105824

(1) "Anniversary date" means the later of the effective date	105825
of the provider agreement relating to the independent provider or	105826
sixty days after September 26, 2003.	105827

(2) "Criminal records check" has the same meaning as in	105828
section 109.572 of the Revised Code.	105829

(3) "Department" includes a designee of the department of	105830
job and family services.	105831

(4) "Independent provider" means a person who is submitting	105832
an application for a provider agreement or who has a provider	105833
agreement as an independent provider in a department of job and	105834
family services administered home and community-based services	105835
program providing home and community-based waiver services to	105836
consumers with disabilities.	105837

(5) "Home and community-based waiver services" has the same	105838
meaning as in section 5111.033 of the Revised Code.	105839

(B)(1) The department of job and family services shall inform	105840
each independent provider, at the time of initial application for	105841
a provider agreement that involves providing home and	105842
community-based waiver services to consumers with disabilities,	105843
that the independent provider is required to provide a set of	105844
fingerprint impressions and that a criminal records check is	105845
required to be conducted if the person is to become an independent	105846
provider in a department administered home and community-based	105847
waiver program.	105848

(2) Beginning on September 26, 2003, the department shall	105849
inform each enrolled medicaid independent provider on or before	105850
time of the anniversary date of the provider agreement that	105851
involves providing home and community-based waiver services to	105852
consumers with disabilities that the independent provider is	105853
required to provide a set of fingerprint impressions and that a	105854
criminal records check is required to be conducted.	105855

(C)(1) The department shall require the independent provider	105856
to complete a criminal records check prior to entering into a	105857
provider agreement with the independent provider and at least	105858
annually thereafter. If an independent provider for whom a	105859
criminal records check is required under this division does not	105860
present proof of having been a resident of this state for the	105861
five-year period immediately prior to the date the criminal	105862
records check is requested or provide evidence that within that	105863
five-year period the superintendent of the bureau of criminal	105864
identification and investigation has requested information about	105865
the independent provider from the federal bureau of investigation	105866
in a criminal records check, the department shall request that	105867
the independent provider obtain through the superintendent a	105868
criminal records request from the federal bureau of investigation	105869
as part of the criminal records check of the independent	105870
provider. Even if an independent provider for whom a criminal	105871
records check request is required under this division presents	105872
proof of having been a resident of this state for the five-year	105873
period, the department may request that the independent provider	105874
obtain information through the superintendent from the federal	105875
bureau of investigation in the criminal records check.	105876

(2) The department shall provide the following to each	105877
independent provider for whom a criminal records check request	105878
is required under division (C)(1) of this section:	105879

(a) Information about accessing, completing, and forwarding	105880
to the superintendent of the bureau of criminal identification and	105881
investigation the form prescribed pursuant to division (C)(1) of	105882
section 109.572 of the Revised Code and the standard fingerprint	105883
impression sheet prescribed pursuant to division (C)(2) of that	105884
section;	105885

(b) Written notification that the independent provider is to	105886
instruct the superintendent to submit the completed report of the	105887
criminal records check directly to the department.	105888

(3) An independent provider given information and	105889
notification under divisions (C)(2)(a) and (b) of this section	105890
who fails to access, complete, and forward to the superintendent	105891
the form or the standard fingerprint impression sheet, or who	105892
fails to instruct the superintendent to submit the completed	105893
report of the criminal records check directly to the department,	105894
shall not be approved as an independent provider.	105895

(D) Except as provided in rules adopted by the department in	105896
accordance with division (G) of this section, the department shall	105897
not issue a new provider agreement to, and shall terminate an	105898
existing provider agreement of, an independent provider if the	105899
person has been convicted of, has pleaded guilty to, or has been	105900
found eligible for intervention in lieu of conviction for any of	105901
the following, regardless of the date of the conviction, the date	105902
of entry of the guilty plea, or the date the person was found	105903
eligible for intervention in lieu of conviction:	105904

(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	105905
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	105906
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	105907
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	105908
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	105909
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	105910
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	105911
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	105912
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	105913
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	105914
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	105915
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	105916
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	105917
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	105918
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	105919
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious	105920
sexual penetration in violation of former section 2907.12 of the	105921
Revised Code, a violation of section 2905.04 of the Revised Code	105922
as it existed prior to July 1, 1996, a violation of section	105923
2919.23 of the Revised Code that would have been a violation of	105924
section 2905.04 of the Revised Code as it existed prior to July	105925
1, 1996, had the violation been committed prior to that date;	105926

(2) AnA violation of an existing or former municipal	105927
ordinance or law of this state, any other state, or the United	105928
States that is substantially equivalent to any of the offenses	105929
listed in division (D)(1) of this section.	105930

(E) Each independent provider shall pay to the bureau of	105931
criminal identification and investigation the fee prescribed	105932
pursuant to division (C)(3) of section 109.572 of the Revised Code	105933
for each criminal records check conducted pursuant to a request	105934
made under division (C) of this section.	105935

(F) The report of any criminal records check conducted by the	105936
bureau of criminal identification and investigation in accordance	105937
with section 109.572 of the Revised Code and pursuant to a request	105938
made under division (C) of this section is not a public record for	105939
the purposes of section 149.43 of the Revised Code and shall not	105940
be made available to any person other than the following:	105941

(1) The person who is the subject of the criminal records	105942
check or the person's representative;	105943

(2) An administrator at the department or the administrator's	105944
representative;	105945

(3) A court, hearing officer, or other necessary individual	105946
involved in a case dealing with a denial or termination of a	105947
provider agreement related to the criminal records check.	105948

(G) The department shall adopt rules in accordance with	105949
Chapter 119. of the Revised Code to implement this section. The	105950
rules shall specify circumstances under which the department may	105951
either issue a provider agreement to an independent provider or	105952
allow an independent provider to maintain an existing provider	105953
agreement when the independent provider has been convicted of,	105954
has pleaded guilty to, or has been found eligible for intervention	105955
in lieu of conviction for an offense listed or described in	105956
division ~~(C)(1)~~(D)(1) or (2) of this section.	105957

Sec. 5111.06. (A)(1) As used in this section and in sections	105958
5111.061 and 5111.062 of the Revised Code:	105959

(a) "Provider" means any person, institution, or entity that	105960
furnishes medicaid services under a provider agreement with the	105961
department of job and family services pursuant to Title XIX of the	105962
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	105963
amended.	105964

(b) "Party" has the same meaning as in division (G) of	105965
section 119.01 of the Revised Code.	105966

(c) "Adjudication" has the same meaning as in division (D) of	105967
section 119.01 of the Revised Code.	105968

(2) This section does not apply to any action taken by the	105969
department of job and family services under sections 5111.35 to	105970
5111.62 of the Revised Code.	105971

(B) Except as provided in division (D) of this section and	105972
section 5111.914 of the Revised Code, the department shall do	105973
either of the following by issuing an order pursuant to an	105974
adjudication conducted in accordance with Chapter 119. of the	105975
Revised Code:	105976

(1) Enter into or refuse to enter into a provider agreement	105977
with a provider, or suspend, terminate, renew, or refuse to renew	105978
an existing provider agreement with a provider;	105979

(2) Take any action based upon a final fiscal audit of a	105980
provider.	105981

(C) Any party who is adversely affected by the issuance of an	105982
adjudication order under division (B) of this section may appeal	105983
to the court of common pleas of Franklin county in accordance with	105984
section 119.12 of the Revised Code.	105985

(D) The department is not required to comply with division	105986
(B)(1) of this section whenever any of the following occur:	105987

(1) The terms of a provider agreement require the provider to	105988
hold a license, permit, or certificate or maintain a	105989
certification issued by an official, board, commission,	105990
department, division, bureau, or other agency of state or federal	105991
government other than the department of job and family services,	105992
and the license, permit, certificate, or certification has been	105993
denied, revoked, not renewed, suspended, or otherwise limited.	105994

(2) The terms of a provider agreement require the provider to	105995
hold a license, permit, or certificate or maintain certification	105996
issued by an official, board, commission, department, division,	105997
bureau, or other agency of state or federal government other than	105998
the department of job and family services, and the provider has	105999
not obtained the license, permit, certificate, or certification.	106000

(3) The provider agreement is denied, terminated, or not	106001
renewed due to the termination, refusal to renew, or denial of a	106002
license, permit, certificate, or certification by an official,	106003
board, commission, department, division, bureau, or other agency	106004
of this state other than the department of job and family	106005
services, notwithstanding the fact that the provider may hold a	106006
license, permit, certificate, or certification from an official,	106007
board, commission, department, division, bureau, or other agency	106008
of another state.	106009

(4) The provider agreement is denied, terminated, or not	106010
renewed pursuant to division (C) or (F) of section 5111.03 of the	106011
Revised Code;.	106012

(5) The provider agreement is denied, terminated, or not	106013
renewed due to the provider's termination, suspension, or	106014
exclusion from the medicare program established under Title XVIII	106015
of the "Social Security Act," and the termination, suspension, or	106016
exclusion is binding on the provider's participation in the	106017
medicaid program;.	106018

(6) The provider agreement is denied, terminated, or not	106019
renewed due to the provider's pleading guilty to or being	106020
convicted of a criminal activity materially related to either the	106021
medicare or medicaid program;.	106022

(7) The provider agreement is denied, terminated, or	106023
suspended as a result of action by the United States department of	106024
health and human services and that action is binding on the	106025
provider's participation in the medicaid program;.	106026

(8) The provider agreement is suspended pursuant to section	106027
5111.031 of the Revised Code pending indictment of the provider.	106028

(9) The provider agreement is denied, terminated, or not	106029
renewed because the provider or its owner, officer, authorized	106030
agent, associate, manager, or employee has been convicted of one	106031
of the offenses that caused the provider agreement to be	106032
suspended pursuant to section 5111.031 of the Revised Code.	106033

(10) The provider agreement is converted under section	106034
5111.028 of the Revised Code from a provider agreement that is not	106035
time-limited to a provider agreement that is time-limited.	106036

(11) The provider agreement is terminated or an application	106037
for re-enrollment is denied because the provider has failed to	106038
apply for re-enrollment within the time or in the manner specified	106039
for re-enrollment pursuant to section 5111.028 of the Revised	106040
Code.	106041

(12) The provider agreement is terminated or not renewed	106042
because the provider has not billed or otherwise submitted a	106043
medicaid claim to the department for two years or longer~~, and the~~	106044
~~department has determined that the provider has moved from the~~	106045
~~address on record with the department without leaving an active~~	106046
~~forwarding address with the department~~.	106047

(13) The provider agreement is denied, terminated, or not	106048
renewed because the provider fails to provide to the department	106049
the national provider identifier assigned the provider by the	106050
national provider system pursuant to 45 C.F.R. 162. 408.	106051

In the case of a provider described in division (D)(12) or	106052
(13) of this section, the department may ~~terminate or not renew~~	106053
~~the~~take its proposed action against a provider agreement by	106054
sending a notice explaining the ~~department's~~ proposed action to	106055
the provider. The notice shall be sent to the provider's address	106056
on record with the department. ~~The~~In the case of a provider	106057
described in division (D)(12) of this section, the notice may be	106058
sent by regular mail. In the case of a provider described in	106059
division (D)(13) of this section, the notice shall be sent by	106060
certified mail.	106061

(E) The department may withhold payments for services	106062
rendered by a medicaid provider under the ~~medical assistance~~	106063
medicaid program during the pendency of proceedings initiated	106064
under division (B)(1) of this section. If the proceedings are	106065
initiated under division (B)(2) of this section, the department	106066
may withhold payments only to the extent that they equal amounts	106067
determined in a final fiscal audit as being due the state. This	106068
division does not apply if the department fails to comply with	106069
section 119.07 of the Revised Code, requests a continuance of the	106070
hearing, or does not issue a decision within thirty days after the	106071
hearing is completed. This division does not apply to nursing	106072
facilities and intermediate care facilities for the mentally	106073
retarded as defined in section 5111.20 of the Revised Code.	106074

Sec. 5111.084. (A) There is hereby established the pharmacy	106075
and therapeutics committee of the department of job and family	106076
services. The committee shall assist the department with	106077
developing and maintaining a preferred drug list.	106078

The committee shall review and recommend to the director of	106079
job and family services the drugs that should be included on the	106080
preferred drug list. The recommendations shall be made based on	106081
the evaluation of competent evidence regarding the relative	106082
safety, efficacy, and effectiveness of prescription drugs within a	106083
class or classes of prescription drugs.	106084

(B) The committee shall consist of ten members and shall be	106085
appointed by the director of job and family services. The	106086
director shall seek recommendations for membership from relevant	106087
professional organizations. A candidate for membership recommended	106088
by a professional organization shall have professional experience	106089
working with medicaid recipients. The director shall not appoint a	106090
member who is employed by the department.	106091

The membership of the committee shall include:

106092

~~(A)~~(1) Three pharmacists licensed under Chapter 4729. of the	106093
Revised Code;	106094

~~(B)~~(2) Two doctors of medicine and two doctors of osteopathy	106095
who hold certificates to practice issued under Chapter 4731. of	106096
the Revised Code, one of whom is a family practice physician;	106097

~~(C)~~(3) A registered nurse licensed under Chapter 4723. of the	106098
Revised Code;	106099

~~(D)~~(4) A pharmacologist who has a doctoral degree;

106100

~~(E)~~(5) A psychiatrist who holds a certificate to practice	106101
issued under Chapter 4731. of the Revised Code and specializes in	106102
psychiatry.	106103

(C) The committee shall elect ~~one of~~from among its members	106104
asa chairperson. Five committee members constitute a quorum.	106105

The committee shall establish guidelines necessary for the	106106
committee's operation.	106107

The committee may establish one or more subcommittees to	106108
investigate and analyze issues consistent with the duties of the	106109
committee under this section. The subcommittees may submit	106110
proposals regarding the issues to the committee and the committee	106111
may adopt, reject, or modify the proposals.	106112

A vote by a majority of a quorum is necessary to make	106113
recommendations to the director. In the case of a tie, the	106114
chairperson shall decide the outcome.	106115

(D) The director shall act on the committee's recommendations	106116
not later than thirty days after the recommendation is posted on	106117
the department's web site under division (F) of this section. If	106118
the director does not accept a recommendation of the committee,	106119
the director shall present the basis for this determination not	106120
later than fourteen days after making the determination or at the	106121
next scheduled meeting of the committee, whichever is sooner.	106122

(E) An interested party may request, and shall be permitted,	106123
to make a presentation or submit written materials to the	106124
committee during a committee meeting. The presentation or other	106125
materials shall be relevant to an issue under consideration by the	106126
committee and any written material, including a transcript of	106127
testimony to be given on the day of the meeting, may be submitted	106128
to the committee in advance of the meeting.	106129

(F) The department shall post the following on the	106130
department's web site:	106131

(1) Guidelines established by the committee under division	106132
(C) of this section;	106133

(2) A detailed committee agenda not later than fourteen days	106134
prior to the date of a regularly scheduled meeting and not later	106135
than seventy-two hours prior to the date of a special meeting	106136
called by the committee;	106137

(3) Committee recommendations not later than seven days after	106138
the meeting at which the recommendation was approved;	106139

(4) The director's final determination as to the	106140
recommendations made by the committee under this section.	106141

Sec. 5111.092. (A) Not later than January 1, 2010, and each	106142
year thereafter, the department of job and family services shall	106143
prepare a report on the department's efforts to minimize fraud,	106144
waste, and abuse in the medicaid program.	106145

(B) Each report shall include at least both of the following	106146
with regard to minimizing fraud, waste, and abuse in the medicaid	106147
program:	106148

(1) Goals and objectives;

106149

(2) Performance measures for monitoring all state and local	106150
activities.	106151

(C) Each report shall be made available on the department's	106152
web site. The department shall submit a copy of each report to the	106153
governor and, in accordance with section 101.68 of the Revised	106154
Code, the general assembly. Copies of the report also shall be	106155
made available to the public on request.	106156

Sec. 5111.16. (A) As part of the medicaid program, the	106157
department of job and family services shall establish a care	106158
management system. The department shall submit, if necessary,	106159
applications to the United States department of health and human	106160
services for waivers of federal medicaid requirements that would	106161
otherwise be violated in the implementation of the system.	106162

(B) The department shall implement the care management system	106163
in some or all counties and shall designate the medicaid	106164
recipients who are required or permitted to participate in the	106165
system. In the department's implementation of the system and	106166
designation of participants, all of the following apply:	106167

(1) In the case of individuals who receive medicaid on the	106168
basis of being included in the category identified by the	106169
department as covered families and children, the department shall	106170
implement the care management system in all counties. All	106171
individuals included in the category shall be designated for	106172
participation, except for ~~indivduals~~individuals included in one	106173
or more of the medicaid recipient groups specified in 42 C.F.R.	106174
438.50(d). The ~~department shall designate the participants not~~	106175
~~later than January 1, 2006. Beginning not later than December 31,~~	106176
~~2006, the~~ department shall ensure that all participants are	106177
enrolled in health insuring corporations under contract with the	106178
department pursuant to section 5111.17 of the Revised Code.	106179

(2) In the case of individuals who receive medicaid on the	106180
basis of being aged, blind, or disabled, as specified in division	106181
(A)(2) of section 5111.01 of the Revised Code, the department	106182
shall implement the care management system in all counties. All	106183
individuals included in the category shall be designated for	106184
participation, except for the individuals specified in divisions	106185
(B)(2)(a) to (e) of this section. ~~Beginning not later than~~	106186
~~December 31, 2006, the~~The department shall ensure that all	106187
participants are enrolled in health insuring corporations under	106188
contract with the department pursuant to section 5111.17 of the	106189
Revised Code.	106190

In designating participants who receive medicaid on the basis	106191
of being aged, blind, or disabled, the department shall not	106192
include any of the following:	106193

(a) Individuals who are under twenty-one years of age;

106194

(b) Individuals who are institutionalized;

106195

(c) Individuals who become eligible for medicaid by spending	106196
down their income or resources to a level that meets the medicaid	106197
program's financial eligibility requirements;	106198

(d) Individuals who are dually eligible under the medicaid	106199
program and the medicare program established under Title XVIII of	106200
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as	106201
amended;	106202

(e) Individuals to the extent that they are receiving	106203
medicaid services through a medicaid waiver component, as defined	106204
in section 5111.85 of the Revised Code.	106205

(3) Alcohol, drug addiction, and mental health services	106206
covered by medicaid shall not be included in any component of the	106207
care management system when the nonfederal share of the cost of	106208
those services is provided by a board of alcohol, drug ~~adiction~~	106209
addiction, and mental health services or a state agency other than	106210
the department of job and family services, but the recipients of	106211
those services may otherwise be designated for participation in	106212
the system.	106213

(C) Subject to division (B) of this section, the department	106214
may do both of the following under the care management system:	106215

(1) Require or permit participants in the system to obtain	106216
health care services from providers designated by the department;	106217

(2) Require or permit participants in the system to obtain	106218
health care services through managed care organizations under	106219
contract with the department pursuant to section 5111.17 of the	106220
Revised Code.	106221

(D)(1) The department shall prepare an annual report on the	106222
care management system. The report shall address the department's	106223
ability to implement the system, including all of the following	106224
components:	106225

(a) The required designation of participants included in the	106226
category identified by the department as covered families and	106227
children;	106228

(b) The required designation of participants included in the	106229
aged, blind, or disabled category of medicaid recipients;	106230

(c) ~~The conduct of the pilot program for chronically ill~~	106231
~~children established under section 5111.163 of the Revised Code;~~	106232

~~(d)~~ The use of any programs for enhanced care management.

106233

(2) The department shall submit each annual report to the	106234
general assembly. The first report shall be submitted not later	106235
than October 1, 2007.	106236

(E) The director of job and family services may adopt rules	106237
in accordance with Chapter 119. of the Revised Code to implement	106238
this section.	106239

Sec. 5111.176. (A) As used in this section:

106240

(1) "Medicaid health insuring corporation" means a health	106241
insuring corporation that holds a certificate of authority under	106242
Chapter 1751. of the Revised Code and has entered into a contract	106243
with the department of job and family services pursuant to section	106244
5111.17 of the Revised Code.	106245

(2) "Managed care premium" means any premium payment,	106246
capitation payment, or other payment a medicaid health insuring	106247
corporation receives for providing, or arranging for the provision	106248
of, health care services to its members or enrollees residing in	106249
this state.	106250

(B) Except as provided in division (C) of this section, all	106251
of the following apply:	106252

(1) Each medicaid health insuring corporation shall pay to	106253
the department of job and family services a franchise permit fee	106254
for the period December 1, 2005, through December 31, 2005, and	106255
each calendar quarter occurring ~~thereafter~~between January 1,	106256
2006, and September 30, 2009.	106257

(2) The fee to be paid is an amount that is equal to a	106258
percentage of the managed care premiums the medicaid health	106259
insuring corporation received in the period December 1, 2005,	106260
through December 31, 2005, and in the subsequent quarter to which	106261
the fee applies, excluding the amount of any managed care premiums	106262
the corporation returned or refunded to enrollees, members, or	106263
premium payers during the period December 1, 2005, through	106264
December 31, 2005, or the subsequent quarter to which the fee	106265
applies.	106266

(3) The percentage to be used in calculating the fee shall be	106267
four and one-half per cent, unless the department adopts rules	106268
under division (L) of this section decreasing the percentage below	106269
four and one-half per cent or increasing the percentage to not	106270
more than six per cent.	106271

(C) The department shall reduce the franchise permit fee	106272
imposed under this section or terminate its collection of the fee	106273
if the department determines either of the following:	106274

(1) That the reduction or termination is required to comply	106275
with federal statutes or regulations;	106276

(2) That the fee does not qualify as a state share of	106277
medicaid expenditures eligible for federal financial	106278
participation.	106279

(D) The franchise permit fee shall be paid on or before the	106280
thirtieth day following the end of the period December 1, 2005,	106281
through December 31, 2005, or the calendar quarter to which the	106282
fee applies. At the time the fee is submitted, the medicaid health	106283
insuring corporation shall file with the department a report on a	106284
form prescribed by the department. The corporation shall provide	106285
on the form all information required by the department and shall	106286
include with the form any necessary supporting documentation.	106287

(E) The department may audit the records of any medicaid	106288
health insuring corporation to determine whether the corporation	106289
is in compliance with this section. The department may audit the	106290
records that pertain to the period December 1, 2005, through	106291
December 31, 2005, or a particular calendar quarter, at any time	106292
during the five years following the date the franchise permit fee	106293
payment for that period or quarter was due.	106294

(F)(1) A medicaid health insuring corporation that does not	106295
pay the franchise permit fee in full by the date the payment is	106296
due is subject to any or all of the following:	106297

(a) A monetary penalty in the amount of five hundred dollars	106298
for each day any part of the fee remains unpaid, except that the	106299
penalty shall not exceed an amount equal to five per cent of the	106300
total fee that was due;	106301

(b) Withholdings from future managed care premiums pursuant	106302
to division (G) of this section;	106303

(c) Termination of the corporation's medicaid provider	106304
agreement pursuant to division (H) of this section.	106305

(2) Penalties imposed under division (F)(1)(a) of this	106306
section are in addition to and not in lieu of the franchise permit	106307
fee.	106308

(G) If a medicaid health insuring corporation fails to pay	106309
the full amount of its franchise permit fee when due, or the full	106310
amount of a penalty imposed under division (F)(1)(a) of this	106311
section, the department may withhold an amount equal to the	106312
remaining amount due from any future managed care premiums to be	106313
paid to the corporation under the medicaid program. The department	106314
may withhold amounts under this division without providing notice	106315
to the corporation. The amounts may be withheld until the amount	106316
due has been paid.	106317

(H) The department may commence actions to terminate a	106318
medicaid health insuring corporation's medicaid provider	106319
agreement, and may terminate the agreement subject to division (I)	106320
of this section, if the corporation does any of the following:	106321

(1) Fails to pay its franchise permit fee or fails to pay the	106322
fee promptly;	106323

(2) Fails to pay a penalty imposed under division (F)(1)(a)	106324
of this section or fails to pay the penalty promptly;	106325

(3) Fails to cooperate with an audit conducted under division	106326
(E) of this section.	106327

(I) At the request of a medicaid health insuring corporation,	106328
the department shall grant the corporation a hearing in accordance	106329
with Chapter 119. of the Revised Code, if either of the following	106330
is the case:	106331

(1) The department has determined that the corporation owes	106332
an additional franchise permit fee or penalty as the result of an	106333
audit conducted under division (E) of this section.	106334

(2) The department is proposing to terminate the	106335
corporation's medicaid provider agreement and the provisions of	106336
section 5111.06 of the Revised Code requiring an adjudication in	106337
accordance with Chapter 119. of the Revised Code are applicable.	106338

(J)(1) At the request of a medicaid corporation, the	106339
department shall grant the corporation a reconsideration of any	106340
issue that arises out of the provisions of this section and is not	106341
subject to division (I) of this section. The department's decision	106342
at the conclusion of the reconsideration is not subject to appeal	106343
under Chapter 119. of the Revised Code or any other provision of	106344
the Revised Code.	106345

(2) In conducting a reconsideration, the department shall do	106346
at least the following:	106347

(a) Specify the time frames within which a corporation must	106348
act in order to exercise its opportunity for a reconsideration;	106349

(b) Permit the corporation to present written arguments or	106350
other materials that support the corporation's position.	106351

(K) There is hereby created in the state treasury the managed	106352
care assessment fund. Money collected from the franchise permit	106353
fees and penalties imposed under this section shall be credited to	106354
the fund. The department shall use the money in the fund to pay	106355
for medicaid services, the department's administrative costs, and	106356
contracts with medicaid health insuring corporations.	106357

(L) The director of job and family services may adopt rules	106358
to implement and administer this section. The rules shall be	106359
adopted in accordance with Chapter 119. of the Revised Code.	106360

Sec. 5111.20. As used in sections 5111.20 to 5111.34 of the	106361
Revised Code:	106362

(A) "Allowable costs" are those costs determined by the	106363
department of job and family services to be reasonable and do not	106364
include fines paid under sections 5111.35 to 5111.61 and section	106365
5111.99 of the Revised Code.	106366

(B) "Ancillary and support costs" means all reasonable costs	106367
incurred by a nursing facility other than direct care costs or	106368
capital costs. "Ancillary and support costs" includes, but is not	106369
limited to, costs of activities, social services, pharmacy	106370
consultants, habilitation supervisors, qualified mental	106371
retardation professionals, program directors, medical and	106372
habilitation records, program supplies, incontinence supplies,	106373
food, enterals, dietary supplies and personnel, laundry,	106374
housekeeping, security, administration, medical equipment,	106375
utilities, liability insurance, bookkeeping, purchasing	106376
department, human resources, communications, travel, dues, license	106377
fees, subscriptions, home office costs not otherwise allocated,	106378
legal services, accounting services, minor equipment, wheelchairs,	106379
resident transportation, maintenance and repairs, help-wanted	106380
advertising, informational advertising, start-up costs,	106381
organizational expenses, other interest, property insurance,	106382
employee training and staff development, employee benefits,	106383
payroll taxes, and workers' compensation premiums or costs for	106384
self-insurance claims and related costs as specified in rules	106385
adopted by the director of job and family services under section	106386
5111.02 of the Revised Code, for personnel listed in this	106387
division. "Ancillary and support costs" also means the cost of	106388
equipment, including vehicles, acquired by operating lease	106389
executed before December 1, 1992, if the costs are reported as	106390
administrative and general costs on the facility's cost report for	106391
the cost reporting period ending December 31, 1992.	106392

(C) "Capital costs" means costs of ownership and, in the case	106393
of an intermediate care facility for the mentally retarded, costs	106394
of nonextensive renovation.	106395

(1) "Cost of ownership" means the actual expense incurred for	106396
all of the following:	106397

(a) Depreciation and interest on any capital assets that cost	106398
five hundred dollars or more per item, including the following:	106399

(i) Buildings;

106400

(ii) Building improvements that are not approved as	106401
nonextensive renovations under section 5111.251 of the Revised	106402
Code;	106403

(iii) Except as provided in division (B) of this section,	106404
equipment;	106405

(iv) In the case of an intermediate care facility for the	106406
mentally retarded, extensive renovations;	106407

(v) Transportation equipment.

106408

(b) Amortization and interest on land improvements and	106409
leasehold improvements;	106410

106411

(d) Except as provided in division (K) of this section, lease	106412
and rent of land, building, and equipment.	106413

The costs of capital assets of less than five hundred dollars	106414
per item may be considered capital costs in accordance with a	106415
provider's practice.	106416

(2) "Costs of nonextensive renovation" means the actual	106417
expense incurred by an intermediate care facility for the mentally	106418
retarded for depreciation or amortization and interest on	106419
renovations that are not extensive renovations.	106420

(D) "Capital lease" and "operating lease" shall be construed	106421
in accordance with generally accepted accounting principles.	106422

(E) "Case-mix score" means the measure determined under	106423
section 5111.232 of the Revised Code of the relative direct-care	106424
resources needed to provide care and habilitation to a resident of	106425
a nursing facility or intermediate care facility for the mentally	106426
retarded.	106427

(F)(1) "Date of licensure," for a facility originally	106428
licensed as a nursing home under Chapter 3721. of the Revised	106429
Code, means the date specific beds were originally licensed as	106430
nursing home beds under that chapter, regardless of whether they	106431
were subsequently licensed as residential facility beds under	106432
section 5123.19 of the Revised Code. For a facility originally	106433
licensed as a residential facility under section 5123.19 of the	106434
Revised Code, "date of licensure" means the date specific beds	106435
were originally licensed as residential facility beds under that	106436
section.	106437

If nursing home beds licensed under Chapter 3721. of the	106438
Revised Code or residential facility beds licensed under section	106439
5123.19 of the Revised Code were not required by law to be	106440
licensed when they were originally used to provide nursing home or	106441
residential facility services, "date of licensure" means the date	106442
the beds first were used to provide nursing home or residential	106443
facility services, regardless of the date the present provider	106444
obtained licensure.	106445

If a facility adds nursing home beds or residential facility	106446
beds or extensively renovates all or part of the facility after	106447
its original date of licensure, it will have a different date of	106448
licensure for the additional beds or extensively renovated portion	106449
of the facility, unless the beds are added in a space that was	106450
constructed at the same time as the previously licensed beds but	106451
was not licensed under Chapter 3721. or section 5123.19 of the	106452
Revised Code at that time.	106453

(2) The definition of "date of licensure" in this section	106454
applies in determinations of the medicaid reimbursement rate for a	106455
nursing facility or intermediate care facility for the mentally	106456
retarded but does not apply in determinations of the franchise	106457
permit fee for a nursing facility or intermediate care facility	106458
for the mentally retarded.	106459

(G) "Desk-reviewed" means that costs as reported on a cost	106460
report submitted under section 5111.26 of the Revised Code have	106461
been subjected to a desk review under division (A) of section	106462
5111.27 of the Revised Code and preliminarily determined to be	106463
allowable costs.	106464

(H) "Direct care costs" means all of the following:

106465

(1)(a) Costs for registered nurses, licensed practical	106466
nurses, and nurse aides employed by the facility;	106467

(b) Costs for direct care staff, administrative nursing	106468
staff, medical directors, respiratory therapists, and except as	106469
provided in division (H)(2) of this section, other persons holding	106470
degrees qualifying them to provide therapy;	106471

106472

(d) Costs of quality assurance;

106473

(e) Costs of training and staff development, employee	106474
benefits, payroll taxes, and workers' compensation premiums or	106475
costs for self-insurance claims and related costs as specified in	106476
rules adopted by the director of job and family services in	106477
accordance with Chapter 119. of the Revised Code, for personnel	106478
listed in divisions (H)(1)(a), (b), and (d) of this section;	106479

(f) Costs of consulting and management fees related to direct	106480
care;	106481

(g) Allocated direct care home office costs.

106482

(2) In addition to the costs specified in division (H)(1) of	106483
this section, for nursing facilities only, direct care costs	106484
include costs of habilitation staff (other than habilitation	106485
supervisors), medical supplies, ~~emergency~~ oxygen, over-the-counter	106486
pharmacy products, physical therapists, physical therapy	106487
assistants, occupational therapists, occupational therapy	106488
assistants, speech therapists, audiologists, habilitation	106489
supplies, and universal precautions supplies.	106490

(3) In addition to the costs specified in division (H)(1) of	106491
this section, for intermediate care facilities for the mentally	106492
retarded only, direct care costs include both of the following:	106493

(a) Costs for physical therapists and physical therapy	106494
assistants, occupational therapists and occupational therapy	106495
assistants, speech therapists, audiologists, habilitation staff	106496
(including habilitation supervisors), qualified mental retardation	106497
professionals, program directors, social services staff,	106498
activities staff, off-site day programming, psychologists and	106499
psychology assistants, and social workers and counselors;	106500

(b) Costs of training and staff development, employee	106501
benefits, payroll taxes, and workers' compensation premiums or	106502
costs for self-insurance claims and related costs as specified in	106503
rules adopted under section 5111.02 of the Revised Code, for	106504
personnel listed in division (H)(3)(a) of this section.	106505

(4) Costs of other direct-care resources that are specified	106506
as direct care costs in rules adopted under section 5111.02 of the	106507
Revised Code.	106508

(I) "Fiscal year" means the fiscal year of this state, as	106509
specified in section 9.34 of the Revised Code.	106510

(J) "Franchise permit fee" means the following:

106511

(1) In the context of nursing facilities, the fee imposed by	106512
sections 3721.50 to 3721.58 of the Revised Code;	106513

(2) In the context of intermediate care facilities for the	106514
mentally retarded, the fee imposed by sections 5112.30 to 5112.39	106515
of the Revised Code.	106516

(K) "Indirect care costs" means all reasonable costs incurred	106517
by an intermediate care facility for the mentally retarded other	106518
than direct care costs, other protected costs, or capital costs.	106519
"Indirect care costs" includes but is not limited to costs of	106520
habilitation supplies, pharmacy consultants, medical and	106521
habilitation records, program supplies, incontinence supplies,	106522
food, enterals, dietary supplies and personnel, laundry,	106523
housekeeping, security, administration, liability insurance,	106524
bookkeeping, purchasing department, human resources,	106525
communications, travel, dues, license fees, subscriptions, home	106526
office costs not otherwise allocated, legal services, accounting	106527
services, minor equipment, maintenance and repairs, help-wanted	106528
advertising, informational advertising, start-up costs,	106529
organizational expenses, other interest, property insurance,	106530
employee training and staff development, employee benefits,	106531
payroll taxes, and workers' compensation premiums or costs for	106532
self-insurance claims and related costs as specified in rules	106533
adopted under section 5111.02 of the Revised Code, for personnel	106534
listed in this division. Notwithstanding division (C)(1) of this	106535
section, "indirect care costs" also means the cost of equipment,	106536
including vehicles, acquired by operating lease executed before	106537
December 1, 1992, if the costs are reported as administrative and	106538
general costs on the facility's cost report for the cost reporting	106539
period ending December 31, 1992.	106540

(L) "Inpatient days" means all days during which a resident,	106541
regardless of payment source, occupies a bed in a nursing facility	106542
or intermediate care facility for the mentally retarded that is	106543
included in the facility's certified capacity under Title XIX.	106544
Therapeutic or hospital leave days for which payment is made under	106545
section 5111.33 of the Revised Code are considered inpatient days	106546
proportionate to the percentage of the facility's per resident per	106547
day rate paid for those days.	106548

(M) "Intermediate care facility for the mentally retarded"	106549
means an intermediate care facility for the mentally retarded	106550
certified as in compliance with applicable standards for the	106551
medicaid program by the director of health in accordance with	106552
Title XIX.	106553

(N) "Maintenance and repair expenses" means, except as	106554
provided in division (BB)(2) of this section, expenditures that	106555
are necessary and proper to maintain an asset in a normally	106556
efficient working condition and that do not extend the useful life	106557
of the asset two years or more. "Maintenance and repair expenses"	106558
includes but is not limited to the cost of ordinary repairs such	106559
as painting and wallpapering.	106560

(O) "Medicaid days" means all days during which a resident	106561
who is a Medicaid recipient eligible for nursing facility services	106562
occupies a bed in a nursing facility that is included in the	106563
nursing facility's certified capacity under Title XIX. Therapeutic	106564
or hospital leave days for which payment is made under section	106565
5111.33 of the Revised Code are considered Medicaid days	106566
proportionate to the percentage of the nursing facility's per	106567
resident per day rate paid for those days.	106568

(P) "Nursing facility" means a facility, or a distinct part	106569
of a facility, that is certified as a nursing facility by the	106570
director of health in accordance with Title XIX and is not an	106571
intermediate care facility for the mentally retarded. "Nursing	106572
facility" includes a facility, or a distinct part of a facility,	106573
that is certified as a nursing facility by the director of health	106574
in accordance with Title XIX and is certified as a skilled nursing	106575
facility by the director in accordance with Title XVIII.	106576

(Q) "Operator" means the person or government entity	106577
responsible for the daily operating and management decisions for a	106578
nursing facility or intermediate care facility for the mentally	106579
retarded.	106580

(R) "Other protected costs" means costs incurred by an	106581
intermediate care facility for the mentally retarded for medical	106582
supplies; real estate, franchise, and property taxes; natural gas,	106583
fuel oil, water, electricity, sewage, and refuse and hazardous	106584
medical waste collection; allocated other protected home office	106585
costs; and any additional costs defined as other protected costs	106586
in rules adopted under section 5111.02 of the Revised Code.	106587

(S)(1) "Owner" means any person or government entity that has	106588
at least five per cent ownership or interest, either directly,	106589
indirectly, or in any combination, in any of the following	106590
regarding a nursing facility or intermediate care facility for the	106591
mentally retarded:	106592

(a) The land on which the facility is located;

106593

(b) The structure in which the facility is located;

106594

(c) Any mortgage, contract for deed, or other obligation	106595
secured in whole or in part by the land or structure on or in	106596
which the facility is located;	106597

(d) Any lease or sublease of the land or structure on or in	106598
which the facility is located.	106599

(2) "Owner" does not mean a holder of a debenture or bond	106600
related to the nursing facility or intermediate care facility for	106601
the mentally retarded and purchased at public issue or a regulated	106602
lender that has made a loan related to the facility unless the	106603
holder or lender operates the facility directly or through a	106604
subsidiary.	106605

(T) "Patient" includes "resident."

106606

(U) Except as provided in divisions (U)(1) and (2) of this	106607
section, "per diem" means a nursing facility's or intermediate	106608
care facility for the mentally retarded's actual, allowable costs	106609
in a given cost center in a cost reporting period, divided by the	106610
facility's inpatient days for that cost reporting period.	106611

(1) When calculating indirect care costs for the purpose of	106612
establishing rates under section 5111.241 of the Revised Code,	106613
"per diem" means an intermediate care facility for the mentally	106614
retarded's actual, allowable indirect care costs in a cost	106615
reporting period divided by the greater of the facility's	106616
inpatient days for that period or the number of inpatient days the	106617
facility would have had during that period if its occupancy rate	106618
had been eighty-five per cent.	106619

(2) When calculating capital costs for the purpose of	106620
establishing rates under section 5111.251 of the Revised Code,	106621
"per diem" means a facility's actual, allowable capital costs in a	106622
cost reporting period divided by the greater of the facility's	106623
inpatient days for that period or the number of inpatient days the	106624
facility would have had during that period if its occupancy rate	106625
had been ninety-five per cent.	106626

(V) "Provider" means an operator with a provider agreement.

106627

(W) "Provider agreement" means a contract between the	106628
department of job and family services and the operator of a	106629
nursing facility or intermediate care facility for the mentally	106630
retarded for the provision of nursing facility services or	106631
intermediate care facility services for the mentally retarded	106632
under the medicaid program.	106633

(X) "Purchased nursing services" means services that are	106634
provided in a nursing facility by registered nurses, licensed	106635
practical nurses, or nurse aides who are not employees of the	106636
facility.	106637

(Y) "Reasonable" means that a cost is an actual cost that is	106638
appropriate and helpful to develop and maintain the operation of	106639
patient care facilities and activities, including normal standby	106640
costs, and that does not exceed what a prudent buyer pays for a	106641
given item or services. Reasonable costs may vary from provider to	106642
provider and from time to time for the same provider.	106643

(Z) "Related party" means an individual or organization that,	106644
to a significant extent, has common ownership with, is associated	106645
or affiliated with, has control of, or is controlled by, the	106646
provider.	106647

(1) An individual who is a relative of an owner is a related	106648
party.	106649

(2) Common ownership exists when an individual or individuals	106650
possess significant ownership or equity in both the provider and	106651
the other organization. Significant ownership or equity exists	106652
when an individual or individuals possess five per cent ownership	106653
or equity in both the provider and a supplier. Significant	106654
ownership or equity is presumed to exist when an individual or	106655
individuals possess ten per cent ownership or equity in both the	106656
provider and another organization from which the provider	106657
purchases or leases real property.	106658

(3) Control exists when an individual or organization has the	106659
power, directly or indirectly, to significantly influence or	106660
direct the actions or policies of an organization.	106661

(4) An individual or organization that supplies goods or	106662
services to a provider shall not be considered a related party if	106663
all of the following conditions are met:	106664

(a) The supplier is a separate bona fide organization.

106665

(b) A substantial part of the supplier's business activity of	106666
the type carried on with the provider is transacted with others	106667
than the provider and there is an open, competitive market for the	106668
types of goods or services the supplier furnishes.	106669

(c) The types of goods or services are commonly obtained by	106670
other nursing facilities or intermediate care facilities for the	106671
mentally retarded from outside organizations and are not a basic	106672
element of patient care ordinarily furnished directly to patients	106673
by the facilities.	106674

(d) The charge to the provider is in line with the charge for	106675
the goods or services in the open market and no more than the	106676
charge made under comparable circumstances to others by the	106677
supplier.	106678

(AA) "Relative of owner" means an individual who is related	106679
to an owner of a nursing facility or intermediate care facility	106680
for the mentally retarded by one of the following relationships:	106681

(1) Spouse;

106682

(2) Natural parent, child, or sibling;

106683

(3) Adopted parent, child, or sibling;

106684

(4) Stepparent, stepchild, stepbrother, or stepsister;

106685

(5) Father-in-law, mother-in-law, son-in-law,	106686
daughter-in-law, brother-in-law, or sister-in-law;	106687

(6) Grandparent or grandchild;

106688

(7) Foster caregiver, foster child, foster brother, or foster	106689
sister.	106690

(BB) "Renovation" and "extensive renovation" mean:

106691

(1) Any betterment, improvement, or restoration of an	106692
intermediate care facility for the mentally retarded started	106693
before July 1, 1993, that meets the definition of a renovation or	106694
extensive renovation established in rules adopted by the director	106695
of job and family services in effect on December 22, 1992.	106696

(2) In the case of betterments, improvements, and	106697
restorations of intermediate care facilities for the mentally	106698
retarded started on or after July 1, 1993:	106699

(a) "Renovation" means the betterment, improvement, or	106700
restoration of an intermediate care facility for the mentally	106701
retarded beyond its current functional capacity through a	106702
structural change that costs at least five hundred dollars per	106703
bed. A renovation may include betterment, improvement,	106704
restoration, or replacement of assets that are affixed to the	106705
building and have a useful life of at least five years. A	106706
renovation may include costs that otherwise would be considered	106707
maintenance and repair expenses if they are an integral part of	106708
the structural change that makes up the renovation project.	106709
"Renovation" does not mean construction of additional space for	106710
beds that will be added to a facility's licensed or certified	106711
capacity.	106712

(b) "Extensive renovation" means a renovation that costs more	106713
than sixty-five per cent and no more than eighty-five per cent of	106714
the cost of constructing a new bed and that extends the useful	106715
life of the assets for at least ten years.	106716

For the purposes of division (BB)(2) of this section, the	106717
cost of constructing a new bed shall be considered to be forty	106718
thousand dollars, adjusted for the estimated rate of inflation	106719
from January 1, 1993, to the end of the calendar year during which	106720
the renovation is completed, using the consumer price index for	106721
shelter costs for all urban consumers for the north central	106722
region, as published by the United States bureau of labor	106723
statistics.	106724

The department of job and family services may treat a	106725
renovation that costs more than eighty-five per cent of the cost	106726
of constructing new beds as an extensive renovation if the	106727
department determines that the renovation is more prudent than	106728
construction of new beds.	106729

(CC) "Title XIX" means Title XIX of the "Social Security	106730
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	106731

(DD) "Title XVIII" means Title XVIII of the "Social Security	106732
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	106733

Sec. 5111.21. (A) In order to be eligible for medicaid	106734
payments, the operator of a nursing facility or intermediate care	106735
facility for the mentally retarded shall do all of the following:	106736

(1) Enter into a provider agreement with the department as	106737
provided in section 5111.22, 5111.671, or 5111.672 of the Revised	106738
Code;	106739

(2) Apply for and maintain a valid license to operate if so	106740
required by law;	106741

(3) ~~Comply~~Subject to division (B) of this section, comply	106742
with all applicable state and federal laws and rules.	106743

(B) A state rule that requires the operator of an	106744
intermediate care facility for the mentally retarded to have	106745
received approval of a plan for the proposed facility pursuant to	106746
section 5123.042 of the Revised Code as a condition of the	106747
operator being eligible for medicaid payments for the facility	106748
does not apply if, under section 5123.193 or 5123.197 of the	106749
Revised Code, a residential facility license was obtained or	106750
modified for the facility without obtaining approval of such a	106751
plan.	106752

(C)(1) Except as provided in division ~~(B)~~(C)(2) of this	106753
section, the operator of a nursing facility that elects to obtain	106754
and maintain eligibility for payments under the medicaid program	106755
shall qualify all of the facility's medicaid-certified beds in the	106756
medicare program established by Title XVIII. The director of job	106757
and family services may adopt rules under section 5111.02 of the	106758
Revised Code to establish the time frame in which a nursing	106759
facility must comply with this requirement.	106760

(2) The Ohio veteran's home agency is not required to qualify	106761
all of the medicaid-certified beds in a nursing facility the	106762
agency maintains and operates under section 5907.01 of the Revised	106763
Code in the medicare program.	106764

Sec. 5111.211. (A) ~~The~~Except as provided in division (C)	106765
of this section, the department of mental retardation and	106766
developmental disabilities is responsible for the nonfederal share	106767
of claims submitted for services that are covered by the medicaid	106768
program and provided to an eligible medicaid recipient by an	106769
intermediate care facility for the mentally retarded if all of the	106770
following are the case:	106771

(1) The services are provided on or after July 1, 2003;

106772

(2) The facility receives initial certification by the	106773
director of health as an intermediate care facility for the	106774
mentally retarded on or after June 1, 2003;	106775

(3) The facility, or a portion of the facility, is licensed	106776
by the director of mental retardation and developmental	106777
disabilities as a residential facility under section 5123.19 of	106778
the Revised Code;	106779

(4) There is a valid provider agreement for the facility.

106780

(B) Each month, the department of job and family services	106781
shall invoice the department of mental retardation and	106782
developmental disabilities by interagency transfer voucher for the	106783
claims for which the department of mental retardation and	106784
developmental disabilities is responsible pursuant to this	106785
section.	106786

(C) Division (A) of this section does not apply to claims	106787
submitted for an intermediate care facility for the mentally	106788
retarded if, under section 5123.193 or 5123.197 of the Revised	106789
Code, a residential facility license was obtained or modified for	106790
the facility without obtaining approval of a plan for the	106791
proposed residential facility pursuant to section 5123.042 of the	106792
Revised Code.	106793

Sec. 5111.231. (A) As used in this section, "applicable	106794
calendar year" means the following:	106795

(1) For the purpose of the department of job and family	106796
services' initial determination under division (D) of this	106797
section of each peer group's cost per case-mix unit, calendar	106798
year 2003;	106799

(2) For the purpose of the department's subsequent	106800
determinations under division (D) of this section of each peer	106801
group's cost per case-mix unit, the calendar year the department	106802
selects.	106803

(B) The department of job and family services shall pay a	106804
provider for each of the provider's eligible nursing facilities a	106805
per resident per day rate for direct care costs determined	106806
semiannually by multiplying the cost per case-mix unit determined	106807
under division (D) of this section for the facility's peer group	106808
by the facility's semiannual case-mix score determined under	106809
section 5111.232 of the Revised Code.	106810

(C) For the purpose of determining nursing facilities' rate	106811
for direct care costs, the department shall establish three peer	106812
groups.	106813

Each nursing facility located in any of the following	106814
counties shall be placed in peer group one: Brown, Butler,	106815
Clermont, Clinton, Hamilton, and Warren.	106816

Each nursing facility located in any of the following	106817
counties shall be placed in peer group two: Ashtabula, Champaign,	106818
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin,	106819
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain,	106820
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,	106821
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union,	106822
and Wood.	106823

Each nursing facility located in any of the following	106824
counties shall be placed in peer group three: Adams, Allen,	106825
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	106826
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	106827
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	106828
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	106829
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	106830
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	106831
Washington, Wayne, Williams, and Wyandot.	106832

(D)(1) At least once every ten years, the department shall	106833
determine a cost per case-mix unit for each peer group	106834
established under division (C) of this section. A cost per	106835
case-mix unit determined under this division for a peer group	106836
shall be used for subsequent years until the department	106837
redetermines it. To determine a peer group's cost per case-mix	106838
unit, the department shall do all of the following:	106839

(a) Determine the cost per case-mix unit for each nursing	106840
facility in the peer group for the applicable calendar year by	106841
dividing each facility's desk-reviewed, actual, allowable, per	106842
diem direct care costs for the applicable calendar year by the	106843
facility's annual average case-mix score determined under section	106844
5111.232 of the Revised Code for the applicable calendar year.	106845

(b) Subject to division (D)(2) of this section, identify	106846
which nursing facility in the peer group is at the twenty-fifth	106847
percentile of the cost per case-mix units determined under	106848
division (D)(1)(a) of this section.	106849

(c) Calculate the amount that is seven per cent above the	106850
cost per case-mix unit determined under division (D)(1)(a) of	106851
this section for the nursing facility identified under division	106852
(D)(1)(b) of this section.	106853

(d) Multiply the amount calculated under division (D)(1)(c)	106854
of this section by the rate of inflation for the eighteen-month	106855
period beginning on the first day of July of the applicable	106856
calendar year and ending the last day of December of the calendar	106857
year immediately following the applicable calendar year using the	106858
following:	106859

(i) In the case of the initial calculation made under	106860
division (D)(1)(d) of this section, the employment cost index for	106861
total compensation, health services component, published by the	106862
United States bureau of labor statistics, as the index existed	106863
on July 1, 2005;	106864

(ii) In the case of subsequent calculations made under	106865
division (D)(1)(d) of this section and except as provided in	106866
division (D)(1)(d)(iii) of this section, the employment cost	106867
index for total compensation, nursing and residential care	106868
facilities occupational group, published by the United States	106869
bureau of labor statistics;	106870

(iii) If the United States bureau of labor statistics ceases	106871
to publish the index specified in division (D)(1)(d)(ii) of this	106872
section, the index the bureau subsequently publishes that covers	106873
nursing facilities' staff costs.	106874

(2) In making the identification under division (D)(1)(b) of	106875
this section, the department shall exclude both of the following:	106876

(a) Nursing facilities that participated in the medicaid	106877
program under the same provider for less than twelve months in the	106878
applicable calendar year;	106879

(b) Nursing facilities whose cost per case-mix unit is more	106880
than one standard deviation from the mean cost per case-mix unit	106881
for all nursing facilities in the nursing facility's peer group	106882
for the applicable calendar year.	106883

(3) The department shall not redetermine a peer group's cost	106884
per case-mix unit under this division based on additional	106885
information that it receives after the peer group's per case-mix	106886
unit is determined. The department shall redetermine a peer	106887
group's cost per case-mix unit only if it made an error in	106888
determining the peer group's cost per case-mix unit based on	106889
information available to the department at the time of the	106890
original determination.	106891

Sec. 5111.232. (A)(1) The department of job and family	106892
services shall determine semiannual and annual average case-mix	106893
scores for nursing facilities by using all of the following:	106894

(a) Data from a resident assessment instrument specified in	106895
rules adopted under section 5111.02 of the Revised Code pursuant	106896
to section 1919(e)(5) of the "Social Security Act," 49 Stat. 620	106897
(1935), 42 U.S.C.A. 1396r(e)(5), as amended, for the following	106898
residents:	106899

(i) When determining ~~semi-annual~~semiannual case-mix scores,	106900
each resident who is a medicaid recipient;	106901

(ii) When determining annual average case-mix scores, each	106902
resident regardless of payment source.	106903

(b) Except as provided in rules authorized by ~~division~~	106904
divisions (A)(2)(a) and (b) of this section, the case-mix values	106905
established by the United States department of health and human	106906
services;	106907

(c) Except as modified in rules authorized by division	106908
(A)(2)(c) of this section, the grouper methodology used on June	106909
30, 1999, by the United States department of health and human	106910
services for prospective payment of skilled nursing facilities	106911
under the medicare program established by Title XVIII.	106912

(2) The director of job and family services may adopt rules	106913
under section 5111.02 of the Revised Code that do any of the	106914
following:	106915

(a) Adjust the case-mix values specified in division	106916
(A)(1)(b) of this section to reflect changes in relative wage	106917
differentials that are specific to this state;	106918

(b) Express all of those case-mix values in numeric terms	106919
that are different from the terms specified by the United States	106920
department of health and human services but that do not alter the	106921
relationship of the case-mix values to one another;	106922

(c) Modify the grouper methodology specified in division	106923
(A)(1)(c) of this section as follows:	106924

(i) Establish a different hierarchy for assigning residents	106925
to case-mix categories under the methodology;	106926

(ii) Prohibit the use of the index maximizer element of the	106927
methodology;	106928

(iii) Incorporate changes to the methodology the United	106929
States department of health and human services makes after June	106930
30, 1999;	106931

(iv) Make other changes the department determines are	106932
necessary.	106933

(B) The department shall determine case-mix scores for	106934
intermediate care facilities for the mentally retarded using data	106935
for each resident, regardless of payment source, from a resident	106936
assessment instrument and grouper methodology prescribed in rules	106937
adopted under section 5111.02 of the Revised Code and expressed in	106938
case-mix values established by the department in those rules.	106939

(C) Each calendar quarter, each provider shall compile	106940
complete assessment data, from the resident assessment instrument	106941
specified in rules authorized by division (A) or (B) of this	106942
section, for each resident of each of the provider's facilities,	106943
regardless of payment source, who was in the facility or on	106944
hospital or therapeutic leave from the facility on the last day of	106945
the quarter. Providers of a nursing facility shall submit the data	106946
to the department of health and, if required by rules, the	106947
department of job and family services. Providers of an	106948
intermediate care facility for the mentally retarded shall submit	106949
the data to the department of job and family services. The data	106950
shall be submitted not later than fifteen days after the end of	106951
the calendar quarter for which the data is compiled.	106952

Except as provided in division (D) of this section, the	106953
department, every six months and after the end of each calendar	106954
year, shall calculate a semiannual and annual average case-mix	106955
score for each nursing facility using the facility's quarterly	106956
case-mix scores for that six-month period or calendar year. Also	106957
except as provided in division (D) of this section, the	106958
department, after the end of each calendar year, shall calculate	106959
an annual average case-mix score for each intermediate care	106960
facility for the mentally retarded using the facility's quarterly	106961
case-mix scores for that calendar year. The department shall make	106962
the calculations pursuant to procedures specified in rules adopted	106963
under section 5111.02 of the Revised Code.	106964

(D)(1) If a provider does not timely submit information for a	106965
calendar quarter necessary to calculate a facility's case-mix	106966
score, or submits incomplete or inaccurate information for a	106967
calendar quarter, the department may assign the facility a	106968
quarterly average case-mix score that is five per cent less than	106969
the facility's quarterly average case-mix score for the preceding	106970
calendar quarter. If the facility was subject to an exception	106971
review under division (C) of section 5111.27 of the Revised Code	106972
for the preceding calendar quarter, the department may assign a	106973
quarterly average case-mix score that is five per cent less than	106974
the score determined by the exception review. If the facility was	106975
assigned a quarterly average case-mix score for the preceding	106976
quarter, the department may assign a quarterly average case-mix	106977
score that is five per cent less than that score assigned for the	106978
preceding quarter.	106979

The department may use a quarterly average case-mix score	106980
assigned under division (D)(1) of this section, instead of a	106981
quarterly average case-mix score calculated based on the	106982
provider's submitted information, to calculate the facility's rate	106983
for direct care costs being established under section 5111.23 or	106984
5111.231 of the Revised Code for one or more months, as specified	106985
in rules authorized by division (E) of this section, of the	106986
quarter for which the rate established under section 5111.23 or	106987
5111.231 of the Revised Code will be paid.	106988

Before taking action under division (D)(1) of this section,	106989
the department shall permit the provider a reasonable period of	106990
time, specified in rules authorized by division (E) of this	106991
section, to correct the information. In the case of an	106992
intermediate care facility for the mentally retarded, the	106993
department shall not assign a quarterly average case-mix score due	106994
to late submission of corrections to assessment information unless	106995
the provider fails to submit corrected information prior to the	106996
eighty-first day after the end of the calendar quarter to which	106997
the information pertains. In the case of a nursing facility, the	106998
department shall not assign a quarterly average case-mix score due	106999
to late submission of corrections to assessment information unless	107000
the provider fails to submit corrected information prior to the	107001
earlier of the ~~eighty-first~~forty-sixth day after the end of the	107002
calendar quarter to which the information pertains or the deadline	107003
for submission of such corrections established by regulations	107004
adopted by the United States department of health and human	107005
services under Titles XVIII and XIX.	107006

(2) If a provider is paid a rate for a facility calculated	107007
using a quarterly average case-mix score assigned under division	107008
(D)(1) of this section for more than six months in a calendar	107009
year, the department may assign the facility a cost per case-mix	107010
unit that is five per cent less than the facility's actual or	107011
assigned cost per case-mix unit for the preceding calendar year.	107012
The department may use the assigned cost per case-mix unit,	107013
instead of calculating the facility's actual cost per case-mix	107014
unit in accordance with section 5111.23 or 5111.231 of the Revised	107015
Code, to establish the facility's rate for direct care costs for	107016
the following fiscal year.	107017

(3) The department shall take action under division (D)(1) or	107018
(2) of this section only in accordance with rules authorized by	107019
division (E) of this section. The department shall not take an	107020
action that affects rates for prior payment periods except in	107021
accordance with sections 5111.27 and 5111.28 of the Revised Code.	107022

(E) The director shall adopt rules under section 5111.02 of	107023
the Revised Code that do all of the following:	107024

(1) Specify whether providers of a nursing facility must	107025
submit the assessment data to the department of job and family	107026
services;	107027

(2) Specify the medium or media through which the completed	107028
assessment data shall be submitted;	107029

(3) Establish procedures under which the assessment data	107030
shall be reviewed for accuracy and providers shall be notified of	107031
any data that requires correction;	107032

(4) Establish procedures for providers to correct assessment	107033
data and specify a reasonable period of time by which providers	107034
shall submit the corrections. The procedures may limit the content	107035
of corrections by providers of nursing facilities in the manner	107036
required by regulations adopted by the United States department of	107037
health and human services under Titles XVIII and XIX.	107038

(5) Specify when and how the department will assign case-mix	107039
scores or costs per case-mix unit under division (D) of this	107040
section if information necessary to calculate the facility's	107041
case-mix score is not provided or corrected in accordance with the	107042
procedures established by the rules. Notwithstanding any other	107043
provision of sections 5111.20 to 5111.33 of the Revised Code, the	107044
rules also may provide for the following:	107045

(a) Exclusion of case-mix scores assigned under division (D)	107046
of this section from calculation of an intermediate care facility	107047
for the mentally retarded's annual average case-mix score and the	107048
maximum cost per case-mix unit for the facility's peer group;	107049

(b) Exclusion of case-mix scores assigned under division (D)	107050
of this section from calculation of a nursing facility's	107051
semiannual or annual average case-mix score and the cost per	107052
case-mix unit for the facility's peer group.	107053

Sec. 5111.233. The costs of day programming shall be part	107054
of the direct care costs of an intermediate care facility for the	107055
mentally retarded as off-site day programming if the area in which	107056
the day programming is provided is not certified by the director	107057
of health as an intermediate care facility for the mentally	107058
retarded under Title XIX and regardless of either of the	107059
following:	107060

(A) Whether or not the area in which the day programming is	107061
provided is less than two hundred feet away from the intermediate	107062
care facility for the mentally retarded;	107063

(B) Whether or not the day programming is provided by an	107064
individual who, or organization that, is a related party to the	107065
provider of the intermediate care facility for the mentally	107066
retarded.	107067

Sec. 5111.236. (A) As used in this section, "medically	107068
fragile child" means an individual under eighteen years of age who	107069
requires both of the following:	107070

(1) The services of a doctor of medicine or osteopathic	107071
medicine at least once a week due to the instability of the	107072
individual's medical condition;	107073

(2) The services of a registered nurse on a daily basis.

107074

(B) The medicaid program shall cover oxygen services that a	107075
medical supplier with a valid medicaid provider agreement provides	107076
to a medicaid recipient who is a medically fragile child and	107077
resides in an intermediate care facility for the mentally	107078
retarded. The medicaid program shall cover such oxygen services	107079
regardless of any of the following:	107080

(1) The percentage of the medicaid recipient's arterial	107081
oxygen saturation at rest, exercise, or sleep;	107082

(2) The type of system used in delivering the oxygen to the	107083
medicaid recipient;	107084

(3) Whether the intermediate care facility for the mentally	107085
retarded in which the medicaid recipient resides purchases or	107086
rents the equipment used in the delivery of the oxygen to the	107087
recipient.	107088

(C) A medical supplier of an oxygen service shall bill the	107089
department of job and family services directly for oxygen services	107090
the medicaid program covers under this section. The provider of an	107091
intermediate care facility for the mentally retarded may not	107092
include the cost of an oxygen service covered by the medicaid	107093
program under this section in the facility's cost report unless	107094
the facility is the medical supplier of the oxygen service.	107095

Sec. 5111.24. (A) As used in this section, "applicable	107096
calendar year" means the following:	107097

(1) For the purpose of the department of job and family	107098
services' initial determination under division (D) of this	107099
section of each peer group's rate for ancillary and support	107100
costs, calendar year 2003;	107101

(2) For the purpose of the department's subsequent	107102
determinations under division (D) of this section of each peer	107103
group's rate for ancillary and support costs, the calendar year	107104
the department selects.	107105

(B) The department of job and family services shall pay a	107106
provider for each of the provider's eligible nursing facilities a	107107
per resident per day rate for ancillary and support costs	107108
determined for the nursing facility's peer group under division	107109
(D) of this section.	107110

(C) For the purpose of determining nursing facilities' rate	107111
for ancillary and support costs, the department shall establish	107112
six peer groups.	107113

Each nursing facility located in any of the following	107114
counties shall be placed in peer group one or two: Brown, Butler,	107115
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	107116
located in any of those counties that has fewer than one hundred	107117
beds shall be placed in peer group one. Each nursing facility	107118
located in any of those counties that has one hundred or more beds	107119
shall be placed in peer group two.	107120

Each nursing facility located in any of the following	107121
counties shall be placed in peer group three or four: Ashtabula,	107122
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	107123
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	107124
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	107125
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	107126
Union, and Wood. Each nursing facility located in any of those	107127
counties that has fewer than one hundred beds shall be placed in	107128
peer group three. Each nursing facility located in any of those	107129
counties that has one hundred or more beds shall be placed in peer	107130
group four.	107131

Each nursing facility located in any of the following	107132
counties shall be placed in peer group five or six: Adams, Allen,	107133
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	107134
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	107135
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	107136
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	107137
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	107138
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	107139
Washington, Wayne, Williams, and Wyandot. Each nursing facility	107140
located in any of those counties that has fewer than one hundred	107141
beds shall be placed in peer group five. Each nursing facility	107142
located in any of those counties that has one hundred or more beds	107143
shall be placed in peer group six.	107144

(D)(1) At least once every ten years, the department shall	107145
determine the rate for ancillary and support costs for each peer	107146
group established under division (C) of this section. The rate for	107147
ancillary and support costs determined under this division for a	107148
peer group shall be used for subsequent years until the	107149
department redetermines it. To determine a peer group's rate for	107150
ancillary and support costs, the department shall do all of the	107151
following:	107152

(a) Determine the rate for ancillary and support costs for	107153
each nursing facility in the peer group for the applicable	107154
calendar year by using the greater of the nursing facility's	107155
actual inpatient days for the applicable calendar year or the	107156
inpatient days the nursing facility would have had for the	107157
applicable calendar year if its occupancy rate had been ninety per	107158
cent. For the purpose of determining a nursing facility's	107159
occupancy rate under division (D)(1)(a) of this section, the	107160
department shall include any beds that the nursing facility	107161
removes from its medicaid-certified capacity unless the nursing	107162
facility also removes the beds from its licensed bed capacity.	107163

(b) Subject to division (D)(2) of this section, identify	107164
which nursing facility in the peer group is at the twenty-fifth	107165
percentile of the rate for ancillary and support costs for the	107166
applicable calendar year determined under division (D)(1)(a) of	107167
this section.	107168

(c) Calculate the amount that is three per cent above the	107169
rate for ancillary and support costs determined under division	107170
(D)(1)(a) of this section for the nursing facility identified	107171
under division (D)(1)(b) of this section.	107172

(d) Multiply the amount calculated under division (D)(1)(c)	107173
of this section by the rate of inflation for the eighteen-month	107174
period beginning on the first day of July of the applicable	107175
calendar year and ending the last day of December of the calendar	107176
year immediately following the applicable calendar year using the	107177
following:	107178

(i) In the case of the initial calculation made under	107179
division (D)(1)(d) of this section, the consumer price index for	107180
all items for all urban consumers for the north central region,	107181
published by the United States bureau of labor statistics, as	107182
that index existed on July 1, 2005;	107183

(ii) In the case of subsequent calculations made under	107184
division (D)(1)(d) of this section and except as provided in	107185
division (D)(1)(d)(iii) of this section, the consumer price index	107186
for all items for all urban consumers for the midwest region,	107187
published by the United States bureau of labor statistics;	107188

(iii) If the United States bureau of labor statistics ceases	107189
to publish the index specified in division (D)(1)(d)(ii) of this	107190
section, the index the bureau subsequently publishes that covers	107191
urban consumers' prices for items for the region that includes	107192
this state.	107193

(2) In making the identification under division (D)(1)(b) of	107194
this section, the department shall exclude both of the following:	107195

(a) Nursing facilities that participated in the medicaid	107196
program under the same provider for less than twelve months in the	107197
applicable calendar year;	107198

(b) Nursing facilities whose ancillary and support costs are	107199
more than one standard deviation from the mean desk-reviewed,	107200
actual, allowable, per diem ancillary and support cost for all	107201
nursing facilities in the nursing facility's peer group for the	107202
applicable calendar year.	107203

(3) The department shall not redetermine a peer group's rate	107204
for ancillary and support costs under this division based on	107205
additional information that it receives after the rate is	107206
determined. The department shall redetermine a peer group's rate	107207
for ancillary and support costs only if it made an error in	107208
determining the rate based on information available to the	107209
department at the time of the original determination.	107210

Sec. 5111.243. The department of job and family services	107211
shall pay a provider for each of the provider's eligible nursing	107212
facilities a per resident per day rate for the franchise permit	107213
fees paid for the nursing facility. The rate shall be equal ~~to the~~	107214
~~franchise permit fee for the fiscal year for which the rate is~~	107215
~~paid~~six dollars and twenty-five cents.	107216

Sec. 5111.25. (A) As used in this section, "applicable	107217
calendar year" means the following:	107218

(1) For the purpose of the department of job and family	107219
services' initial determination under division (D) of this section	107220
of each peer group's median rate for capital costs, calendar year	107221
2003;	107222

(2) For the purpose of the department's subsequent	107223
determinations under division (D) of this section of each peer	107224
group's median rate for capital costs, the calendar year the	107225
department selects.	107226

(B) The department of job and family services shall pay a	107227
provider for each of the provider's eligible nursing facilities a	107228
per resident per day rate for capital costs. A nursing facility's	107229
rate for capital costs shall be the median rate for capital costs	107230
for the nursing facilities in the nursing facility's peer group as	107231
determined under division (D) of this section.	107232

(C) For the purpose of determining nursing facilities' rate	107233
for capital costs, the department shall establish six peer groups.	107234

Each nursing facility located in any of the following	107235
counties shall be placed in peer group one or two: Brown, Butler,	107236
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	107237
located in any of those counties that has fewer than one hundred	107238
beds shall be placed in peer group one. Each nursing facility	107239
located in any of those counties that has one hundred or more beds	107240
shall be placed in peer group two.	107241

Each nursing facility located in any of the following	107242
counties shall be placed in peer group three or four: Ashtabula,	107243
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	107244
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	107245
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	107246
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	107247
Union, and Wood. Each nursing facility located in any of those	107248
counties that has fewer than one hundred beds shall be placed in	107249
peer group three. Each nursing facility located in any of those	107250
counties that has one hundred or more beds shall be placed in peer	107251
group four.	107252

Each nursing facility located in any of the following	107253
counties shall be placed in peer group five or six: Adams, Allen,	107254
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	107255
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	107256
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	107257
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	107258
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	107259
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	107260
Washington, Wayne, Williams, and Wyandot. Each nursing facility	107261
located in any of those counties that has fewer than one hundred	107262
beds shall be placed in peer group five. Each nursing facility	107263
located in any of those counties that has one hundred or more beds	107264
shall be placed in peer group six.	107265

(D)(1) At least once every ten years, the department shall	107266
determine the median rate for capital costs for each peer group	107267
established under division (C) of this section. The median rate	107268
for capital costs determined under this division for a peer group	107269
shall be used for subsequent years until the department	107270
redetermines it. To determine a peer group's median rate for	107271
capital costs, the department shall do both of the following:	107272

(a) Subject to division (D)(2) of this section, use the	107273
greater of each nursing facility's actual inpatient days for the	107274
applicable calendar year or the inpatient days the nursing	107275
facility would have had for the applicable calendar year if its	107276
occupancy rate had been one hundred per cent.	107277

(b) Exclude both of the following:

107278

(i) Nursing facilities that participated in the medicaid	107279
program under the same provider for less than twelve months in the	107280
applicable calendar year;	107281

(ii) Nursing facilities whose capital costs are more than one	107282
standard deviation from the mean desk-reviewed, actual, allowable,	107283
per diem capital cost for all nursing facilities in the nursing	107284
facility's peer group for the applicable calendar year.	107285

(2) For the purpose of determining a nursing facility's	107286
occupancy rate under division (D)(1)(a) of this section, the	107287
department shall include any beds that the nursing facility	107288
removes from its medicaid-certified capacity after June 30, 2005,	107289
unless the nursing facility also removes the beds from its	107290
licensed bed capacity.	107291

(E) Buildings shall be depreciated using the straight line	107292
method over forty years or over a different period approved by the	107293
department. Components and equipment shall be depreciated using	107294
the straight-line method over a period designated in rules adopted	107295
under section 5111.02 of the Revised Code, consistent with the	107296
guidelines of the American hospital association, or over a	107297
different period approved by the department. Any rules authorized	107298
by this division that specify useful lives of buildings,	107299
components, or equipment apply only to assets acquired on or after	107300
July 1, 1993. Depreciation for costs paid or reimbursed by any	107301
government agency shall not be included in capital costs unless	107302
that part of the payment under sections 5111.20 to 5111.33 of the	107303
Revised Code is used to reimburse the government agency.	107304

(F) The capital cost basis of nursing facility assets shall	107305
be determined in the following manner:	107306

(1) Except as provided in division (F)(3) of this section,	107307
for purposes of calculating the rates to be paid for facilities	107308
with dates of licensure on or before June 30, 1993, the capital	107309
cost basis of each asset shall be equal to the desk-reviewed,	107310
actual, allowable, capital cost basis that is listed on the	107311
facility's cost report for the calendar year preceding the fiscal	107312
year during which the rate will be paid.	107313

(2) For facilities with dates of licensure after June 30,	107314
1993, the capital cost basis shall be determined in accordance	107315
with the principles of the medicare program established under	107316
Title XVIII, except as otherwise provided in sections 5111.20 to	107317
5111.33 of the Revised Code.	107318

(3) Except as provided in division (F)(4) of this section, if	107319
a provider transfers an interest in a facility to another provider	107320
after June 30, 1993, there shall be no increase in the capital	107321
cost basis of the asset if the providers are related parties or	107322
the provider to which the interest is transferred authorizes the	107323
provider that transferred the interest to continue to operate the	107324
facility under a lease, management agreement, or other	107325
arrangement. If the previous sentence does not prohibit the	107326
adjustment of the capital cost basis under this division, the	107327
basis of the asset shall be adjusted by the lesser of the	107328
following:	107329

(a) One-half of the change in construction costs during the	107330
time that the transferor held the asset, as calculated by the	107331
department of job and family services using the "Dodge building	107332
cost indexes, northeastern and north central states," published by	107333
Marshall and Swift;	107334

(b) One-half of the change in the consumer price index for	107335
all items for all urban consumers, as published by the United	107336
States bureau of labor statistics, during the time that the	107337
transferor held the asset.	107338

(4) If a provider transfers an interest in a facility to	107339
another provider who is a related party, the capital cost basis of	107340
the asset shall be adjusted as specified in division (F)(3) of	107341
this section if all of the following conditions are met:	107342

(a) The related party is a relative of owner;

107343

(b) Except as provided in division (F)(4)(c)(ii) of this	107344
section, the provider making the transfer retains no ownership	107345
interest in the facility;	107346

(c) The department of job and family services determines that	107347
the transfer is an arm's length transaction pursuant to rules	107348
adopted under section 5111.02 of the Revised Code. The rules shall	107349
provide that a transfer is an arm's length transaction if all of	107350
the following apply:	107351

(i) Once the transfer goes into effect, the provider that	107352
made the transfer has no direct or indirect interest in the	107353
provider that acquires the facility or the facility itself,	107354
including interest as an owner, officer, director, employee,	107355
independent contractor, or consultant, but excluding interest as a	107356
creditor.	107357

(ii) The provider that made the transfer does not reacquire	107358
an interest in the facility except through the exercise of a	107359
creditor's rights in the event of a default. If the provider	107360
reacquires an interest in the facility in this manner, the	107361
department shall treat the facility as if the transfer never	107362
occurred when the department calculates its reimbursement rates	107363
for capital costs.	107364

(iii) The transfer satisfies any other criteria specified in	107365
the rules.	107366

(d) Except in the case of hardship caused by a catastrophic	107367
event, as determined by the department, or in the case of a	107368
provider making the transfer who is at least sixty-five years of	107369
age, not less than twenty years have elapsed since, for the same	107370
facility, the capital cost basis was adjusted most recently under	107371
division (F)(4) of this section or actual, allowable cost of	107372
ownership was determined most recently under division (G)(9) of	107373
this section.	107374

(G) As used in this division:

107375

"Imputed interest" means the lesser of the prime rate plus	107376
two per cent or ten per cent.	107377

"Lease expense" means lease payments in the case of an	107378
operating lease and depreciation expense and interest expense in	107379
the case of a capital lease.	107380

"New lease" means a lease, to a different lessee, of a	107381
nursing facility that previously was operated under a lease.	107382

(1) Subject to division (B) of this section, for a lease of a	107383
facility that was effective on May 27, 1992, the entire lease	107384
expense is an actual, allowable capital cost during the term of	107385
the existing lease. The entire lease expense also is an actual,	107386
allowable capital cost if a lease in existence on May 27, 1992, is	107387
renewed under either of the following circumstances:	107388

(a) The renewal is pursuant to a renewal option that was in	107389
existence on May 27, 1992;	107390

(b) The renewal is for the same lease payment amount and	107391
between the same parties as the lease in existence on May 27,	107392
1992.	107393

(2) Subject to division (B) of this section, for a lease of a	107394
facility that was in existence but not operated under a lease on	107395
May 27, 1992, actual, allowable capital costs shall include the	107396
lesser of the annual lease expense or the annual depreciation	107397
expense and imputed interest expense that would be calculated at	107398
the inception of the lease using the lessor's entire historical	107399
capital asset cost basis, adjusted by the lesser of the following	107400
amounts:	107401

(a) One-half of the change in construction costs during the	107402
time the lessor held each asset until the beginning of the lease,	107403
as calculated by the department using the "Dodge building cost	107404
indexes, northeastern and north central states," published by	107405
Marshall and Swift;	107406

(b) One-half of the change in the consumer price index for	107407
all items for all urban consumers, as published by the United	107408
States bureau of labor statistics, during the time the lessor held	107409
each asset until the beginning of the lease.	107410

(3) Subject to division (B) of this section, for a lease of a	107411
facility with a date of licensure on or after May 27, 1992, that	107412
is initially operated under a lease, actual, allowable capital	107413
costs shall include the annual lease expense if there was a	107414
substantial commitment of money for construction of the facility	107415
after December 22, 1992, and before July 1, 1993. If there was not	107416
a substantial commitment of money after December 22, 1992, and	107417
before July 1, 1993, actual, allowable capital costs shall include	107418
the lesser of the annual lease expense or the sum of the	107419
following:	107420

(a) The annual depreciation expense that would be calculated	107421
at the inception of the lease using the lessor's entire historical	107422
capital asset cost basis;	107423

(b) The greater of the lessor's actual annual amortization of	107424
financing costs and interest expense at the inception of the lease	107425
or the imputed interest expense calculated at the inception of the	107426
lease using seventy per cent of the lessor's historical capital	107427
asset cost basis.	107428

(4) Subject to division (B) of this section, for a lease of a	107429
facility with a date of licensure on or after May 27, 1992, that	107430
was not initially operated under a lease and has been in existence	107431
for ten years, actual, allowable capital costs shall include the	107432
lesser of the annual lease expense or the annual depreciation	107433
expense and imputed interest expense that would be calculated at	107434
the inception of the lease using the entire historical capital	107435
asset cost basis of the lessor, adjusted by the lesser of the	107436
following:	107437

(a) One-half of the change in construction costs during the	107438
time the lessor held each asset until the beginning of the lease,	107439
as calculated by the department using the "Dodge building cost	107440
indexes, northeastern and north central states," published by	107441
Marshall and Swift;	107442

(b) One-half of the change in the consumer price index for	107443
all items for all urban consumers, as published by the United	107444
States bureau of labor statistics, during the time the lessor held	107445
each asset until the beginning of the lease.	107446

(5) Subject to division (B) of this section, for a new lease	107447
of a facility that was operated under a lease on May 27, 1992,	107448
actual, allowable capital costs shall include the lesser of the	107449
annual new lease expense or the annual old lease payment. If the	107450
old lease was in effect for ten years or longer, the old lease	107451
payment from the beginning of the old lease shall be adjusted by	107452
the lesser of the following:	107453

(a) One-half of the change in construction costs from the	107454
beginning of the old lease to the beginning of the new lease, as	107455
calculated by the department using the "Dodge building cost	107456
indexes, northeastern and north central states," published by	107457
Marshall and Swift;	107458

(b) One-half of the change in the consumer price index for	107459
all items for all urban consumers, as published by the United	107460
States bureau of labor statistics, from the beginning of the old	107461
lease to the beginning of the new lease.	107462

(6) Subject to division (B) of this section, for a new lease	107463
of a facility that was not in existence or that was in existence	107464
but not operated under a lease on May 27, 1992, actual, allowable	107465
capital costs shall include the lesser of annual new lease expense	107466
or the annual amount calculated for the old lease under division	107467
(G)(2), (3), (4), or (6) of this section, as applicable. If the	107468
old lease was in effect for ten years or longer, the lessor's	107469
historical capital asset cost basis shall be adjusted by the	107470
lesser of the following for purposes of calculating the annual	107471
amount under division (G)(2), (3), (4), or (6) of this section:	107472

(a) One-half of the change in construction costs from the	107473
beginning of the old lease to the beginning of the new lease, as	107474
calculated by the department using the "Dodge building cost	107475
indexes, northeastern and north central states," published by	107476
Marshall and Swift;	107477

(b) One-half of the change in the consumer price index for	107478
all items for all urban consumers, as published by the United	107479
States bureau of labor statistics, from the beginning of the old	107480
lease to the beginning of the new lease.	107481

In the case of a lease under division (G)(3) of this section	107482
of a facility for which a substantial commitment of money was made	107483
after December 22, 1992, and before July 1, 1993, the old lease	107484
payment shall be adjusted for the purpose of determining the	107485
annual amount.	107486

(7) For any revision of a lease described in division (G)(1),	107487
(2), (3), (4), (5), or (6) of this section, or for any subsequent	107488
lease of a facility operated under such a lease, other than	107489
execution of a new lease, the portion of actual, allowable capital	107490
costs attributable to the lease shall be the same as before the	107491
revision or subsequent lease.	107492

(8) Except as provided in division (G)(9) of this section, if	107493
a provider leases an interest in a facility to another provider	107494
who is a related party or previously operated the facility, the	107495
related party's or previous operator's actual, allowable capital	107496
costs shall include the lesser of the annual lease expense or the	107497
reasonable cost to the lessor.	107498

(9) If a provider leases an interest in a facility to another	107499
provider who is a related party, regardless of the date of the	107500
lease, the related party's actual, allowable capital costs shall	107501
include the annual lease expense, subject to the limitations	107502
specified in divisions (G)(1) to (7) of this section, if all of	107503
the following conditions are met:	107504

(a) The related party is a relative of owner;

107505

(b) If the lessor retains an ownership interest, it is,	107506
except as provided in division (G)(9)(c)(ii) of this section, in	107507
only the real property and any improvements on the real property;	107508

(c) The department of job and family services determines that	107509
the lease is an arm's length transaction pursuant to rules adopted	107510
under section 5111.02 of the Revised Code. The rules shall provide	107511
that a lease is an arm's length transaction if all of the	107512
following apply:	107513

(i) Once the lease goes into effect, the lessor has no direct	107514
or indirect interest in the lessee or, except as provided in	107515
division (G)(9)(b) of this section, the facility itself, including	107516
interest as an owner, officer, director, employee, independent	107517
contractor, or consultant, but excluding interest as a lessor.	107518

(ii) The lessor does not reacquire an interest in the	107519
facility except through the exercise of a lessor's rights in the	107520
event of a default. If the lessor reacquires an interest in the	107521
facility in this manner, the department shall treat the facility	107522
as if the lease never occurred when the department calculates its	107523
reimbursement rates for capital costs.	107524

(iii) The lease satisfies any other criteria specified in the	107525
rules.	107526

(d) Except in the case of hardship caused by a catastrophic	107527
event, as determined by the department, or in the case of a lessor	107528
who is at least sixty-five years of age, not less than twenty	107529
years have elapsed since, for the same facility, the capital cost	107530
basis was adjusted most recently under division (F)(4) of this	107531
section or actual, allowable capital costs were determined most	107532
recently under division (G)(9) of this section.	107533

(10) This division does not apply to leases of specific items	107534
of equipment.	107535

~~(H) After the date on which a transaction of sale is closed,~~	107536
~~the provider shall refund to the department the amount of excess~~	107537
~~depreciation paid to the provider for the facility by the~~	107538
~~department for each year the provider has operated the facility~~	107539
~~under a provider agreement and prorated according to the number of~~	107540
~~medicaid patient days for which the provider has received payment~~	107541
~~for the facility. The provider of a facility that is sold or that~~	107542
~~voluntarily terminates participation in the medicaid program also~~	107543
~~shall refund any other amount that the department properly finds~~	107544
~~to be due after the audit conducted under this division. For the~~	107545
~~purposes of this division, "depreciation paid to the provider for~~	107546
~~the facility" means the amount paid to the provider for the~~	107547
~~nursing facility for capital costs pursuant to this section less~~	107548
~~any amount paid for interest costs, amortization of financing~~	107549
~~costs, and lease expenses. For the purposes of this division,~~	107550
~~"excess depreciation" is the nursing facility's depreciated basis,~~	107551
~~which is the provider's cost less accumulated depreciation,~~	107552
~~subtracted from the purchase price net of selling costs but not~~	107553
~~exceeding the amount of depreciation paid to the provider for the~~	107554
~~facility.~~	107555

Sec. 5111.261. Except as otherwise provided in section	107556
5111.264 of the Revised Code, the department of job and family	107557
services, in determining whether an intermediate care facility for	107558
the mentally retarded's direct care costs and indirect care costs	107559
are allowable, shall place no limit on specific categories of	107560
reasonable costs other than compensation of owners, compensation	107561
of relatives of owners, and compensation of administrators ~~and~~	107562
~~costs for resident meals that are prepared and consumed outside~~	107563
~~the facility~~.	107564

Compensation cost limits for owners and relatives of owners	107565
shall be based on compensation costs for individuals who hold	107566
comparable positions but who are not owners or relatives of	107567
owners, as reported on facility cost reports. As used in this	107568
section, "comparable position" means the position that is held by	107569
the owner or the owner's relative, if that position is listed	107570
separately on the cost report form, or if the position is not	107571
listed separately, the group of positions that is listed on the	107572
cost report form and that includes the position held by the owner	107573
or the owner's relative. In the case of an owner or owner's	107574
relative who serves the facility in a capacity such as corporate	107575
officer, proprietor, or partner for which no comparable position	107576
or group of positions is listed on the cost report form, the	107577
compensation cost limit shall be based on civil service	107578
equivalents and shall be specified in rules adopted under section	107579
5111.02 of the Revised Code.	107580

Compensation cost limits for administrators shall be based on	107581
compensation costs for administrators who are not owners or	107582
relatives of owners, as reported on facility cost reports.	107583
Compensation cost limits for administrators of four or more	107584
intermediate care facilities for the mentally retarded shall be	107585
the same as the limits for administrators of intermediate care	107586
facilities for the mentally retarded with one hundred fifty or	107587
more beds.	107588

Sec. 5111.262. No person, other than the provider of a	107589
nursing facility, shall submit a claim for medicaid reimbursement	107590
for a service provided to a nursing facility resident if the	107591
service is included in a medicaid payment made to the provider of	107592
a nursing facility under sections 5111.20 to 5111.33 of the	107593
Revised Code or in the reimbursable expenses reported on a	107594
provider's cost report for a nursing facility. No provider of a	107595
nursing facility shall submit a separate claim for medicaid	107596
reimbursement for a service provided to a resident of the nursing	107597
facility if the service is included in a medicaid payment made to	107598
the provider under sections 5111.20 to 5111.33 of the Revised Code	107599
or in the reimbursable expenses on the provider's cost report for	107600
the nursing facility.	107601

Sec. 5111.65. As used in sections 5111.65 to ~~5111.688~~	107602
5111.689 of the Revised Code:	107603

(A) "Change of operator" means an entering operator becoming	107604
the operator of a nursing facility or intermediate care facility	107605
for the mentally retarded in the place of the exiting operator.	107606

(1) Actions that constitute a change of operator include the	107607
following:	107608

(a) A change in an exiting operator's form of legal	107609
organization, including the formation of a partnership or	107610
corporation from a sole proprietorship;	107611

(b) A transfer of all the exiting operator's ownership	107612
interest in the operation of the facility to the entering	107613
operator, regardless of whether ownership of any or all of the	107614
real property or personal property associated with the facility is	107615
also transferred;	107616

(c) A lease of the facility to the entering operator or the	107617
exiting operator's termination of the exiting operator's lease;	107618

(d) If the exiting operator is a partnership, dissolution of	107619
the partnership;	107620

(e) If the exiting operator is a partnership, a change in	107621
composition of the partnership unless both of the following apply:	107622

(i) The change in composition does not cause the	107623
partnership's dissolution under state law.	107624

(ii) The partners agree that the change in composition does	107625
not constitute a change in operator.	107626

(f) If the operator is a corporation, dissolution of the	107627
corporation, a merger of the corporation into another corporation	107628
that is the survivor of the merger, or a consolidation of one or	107629
more other corporations to form a new corporation.	107630

(2) The following, alone, do not constitute a change of	107631
operator:	107632

(a) A contract for an entity to manage a nursing facility or	107633
intermediate care facility for the mentally retarded as the	107634
operator's agent, subject to the operator's approval of daily	107635
operating and management decisions;	107636

(b) A change of ownership, lease, or termination of a lease	107637
of real property or personal property associated with a nursing	107638
facility or intermediate care facility for the mentally retarded	107639
if an entering operator does not become the operator in place of	107640
an exiting operator;	107641

(c) If the operator is a corporation, a change of one or more	107642
members of the corporation's governing body or transfer of	107643
ownership of one or more shares of the corporation's stock, if the	107644
same corporation continues to be the operator.	107645

(B) "Effective date of a change of operator" means the day	107646
the entering operator becomes the operator of the nursing facility	107647
or intermediate care facility for the mentally retarded.	107648

(C) "Effective date of a facility closure" means the last day	107649
that the last of the residents of the nursing facility or	107650
intermediate care facility for the mentally retarded resides in	107651
the facility.	107652

(D) "Effective date of a voluntary termination" means the day	107653
the intermediate care facility for the mentally retarded ceases to	107654
accept medicaid patients.	107655

(E) "Effective date of a voluntary withdrawal of	107656
participation" means the day the nursing facility ceases to accept	107657
new medicaid patients other than the individuals who reside in the	107658
nursing facility on the day before the effective date of the	107659
voluntary withdrawal of participation.	107660

(F) "Entering operator" means the person or government entity	107661
that will become the operator of a nursing facility or	107662
intermediate care facility for the mentally retarded when a change	107663
of operator occurs.	107664

(G) "Exiting operator" means any of the following:

107665

(1) An operator that will cease to be the operator of a	107666
nursing facility or intermediate care facility for the mentally	107667
retarded on the effective date of a change of operator;	107668

(2) An operator that will cease to be the operator of a	107669
nursing facility or intermediate care facility for the mentally	107670
retarded on the effective date of a facility closure;	107671

(3) An operator of an intermediate care facility for the	107672
mentally retarded that is undergoing or has undergone a voluntary	107673
termination;	107674

(4) An operator of a nursing facility that is undergoing or	107675
has undergone a voluntary withdrawal of participation.	107676

(H)(1) "Facility closure" means discontinuance of the use of	107677
the building, or part of the building, that houses the facility as	107678
a nursing facility or intermediate care facility for the mentally	107679
retarded that results in the relocation of all of the facility's	107680
residents. A facility closure occurs regardless of any of the	107681
following:	107682

(a) The operator completely or partially replacing the	107683
facility by constructing a new facility or transferring the	107684
facility's license to another facility;	107685

(b) The facility's residents relocating to another of the	107686
operator's facilities;	107687

(c) Any action the department of health takes regarding the	107688
facility's certification under Title XIX of the "Social Security	107689
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, that may	107690
result in the transfer of part of the facility's survey findings	107691
to another of the operator's facilities;	107692

(d) Any action the department of health takes regarding the	107693
facility's license under Chapter 3721. of the Revised Code;	107694

(e) Any action the department of mental retardation and	107695
developmental disabilities takes regarding the facility's license	107696
under section 5123.19 of the Revised Code.	107697

(2) A facility closure does not occur if all of the	107698
facility's residents are relocated due to an emergency evacuation	107699
and one or more of the residents return to a medicaid-certified	107700
bed in the facility not later than thirty days after the	107701
evacuation occurs.	107702

(I) "Fiscal year," "franchise permit fee," "intermediate care	107703
facility for the mentally retarded," "nursing facility,"	107704
"operator," "owner," and "provider agreement" have the same	107705
meanings as in section 5111.20 of the Revised Code.	107706

(J) "Qualified affiliated operator" means an operator to whom	107707
all of the following apply:	107708

(1) The operator is affiliated with either of the following:

107709

(a) The exiting operator for whom the affiliated operator is	107710
to assume liability for the entire amount of the exiting	107711
operator's debt under the medicaid program or the portion of the	107712
debt that represents the franchise permit fee the exiting operator	107713
owes;	107714

(b) The entering operator involved in the change of operator	107715
with the exiting operator specified in division (J)(1)(a) of this	107716
section.	107717

(2) The operator has one or more valid provider agreements.

107718

(3) During the twelve-month period preceding the month in	107719
which the department of job and family services receives the	107720
notice of the facility closure, voluntary termination, or	107721
voluntary withdrawal of participation under section 5111.66 of the	107722
Revised Code or the notice of the change of operator under section	107723
5111.67 of the Revised Code, the average monthly medicaid payment	107724
made to the operator pursuant to the operator's one or more	107725
provider agreements equals at least ninety per cent of the average	107726
monthly medicaid payment made to the exiting operator pursuant to	107727
the exiting operator's provider agreement.	107728

(K) "Voluntary termination" means an operator's voluntary	107729
election to terminate the participation of an intermediate care	107730
facility for the mentally retarded in the medicaid program but to	107731
continue to provide service of the type provided by a residential	107732
facility as defined in section 5123.19 of the Revised Code.	107733

~~(K)~~(L) "Voluntary withdrawal of participation" means an	107734
operator's voluntary election to terminate the participation of a	107735
nursing facility in the medicaid program but to continue to	107736
provide service of the type provided by a nursing facility.	107737

Sec. 5111.651. Sections 5111.65 to ~~5111.688~~5111.689 of the	107738
Revised Code do not apply to a nursing facility or intermediate	107739
care facility for the mentally retarded that undergoes a facility	107740
closure, voluntary termination, voluntary withdrawal of	107741
participation, or change of operator on or before September 30,	107742
2005, if the exiting operator provided written notice of the	107743
facility closure, voluntary termination, voluntary withdrawal of	107744
participation, or change of operator to the department of job and	107745
family services on or before June 30, 2005.	107746

Sec. 5111.68. (A) On receipt of a written notice under	107747
section 5111.66 of the Revised Code of a facility closure,	107748
voluntary termination, or voluntary withdrawal of participation or	107749
a written notice under section 5111.67 of the Revised Code of a	107750
change of operator, the department of job and family services	107751
shall ~~determine~~estimate the amount of any overpayments made under	107752
the medicaid program to the exiting operator, including	107753
overpayments the exiting operator disputes, and other actual and	107754
potential debts the exiting operator owes or may owe to the	107755
department and United States centers for medicare and medicaid	107756
services under the medicaid program, including a franchise permit	107757
fee. ~~In determining~~	107758

(B) In estimating the exiting operator's other actual and	107759
potential debts to the department and the United States centers	107760
for medicare and medicaid services under the medicaid program,	107761
the department shall ~~include~~use a debt estimation methodology	107762
the director of job and family services shall establish in rules	107763
adopted under section 5111.689 of the Revised Code. The	107764
methodology shall provide for estimating all of the following that	107765
the department determines isare applicable:	107766

(1) Refunds due the department under section 5111.27 of the	107767
Revised Code;	107768

(2) Interest owed to the department and United States centers	107769
for medicare and medicaid services;	107770

(3) Final civil monetary and other penalties for which all	107771
right of appeal has been exhausted;	107772

(4) Money owed the department and United States centers for	107773
medicare and medicaid services from any outstanding final fiscal	107774
audit, including a final fiscal audit for the last fiscal year or	107775
portion thereof in which the exiting operator participated in the	107776
medicaid program;	107777

(5) Other amounts the department determines are applicable.

107778

~~(B) If the department is unable to determine the amount of~~	107779
~~the overpayments and other debts for any period before the~~	107780
~~effective date of the entering operator's provider agreement or~~	107781
~~the effective date of the facility closure, voluntary termination,~~	107782
~~or voluntary withdrawal of participation, the department shall~~	107783
~~make a reasonable estimate of the overpayments and other debts for~~	107784
~~the period. The department shall make the estimate using~~	107785
~~information available to the department, including prior~~	107786
~~determinations of overpayments and other debts.~~	107787

(C) The department shall provide the exiting operator written	107788
notice of the department's estimate under division (A) of this	107789
section not later than thirty days after the department receives	107790
the notice under section 5111.66 of the Revised Code of the	107791
facility closure, voluntary termination, or voluntary withdrawal	107792
of participation or the notice under section 5111.67 of the	107793
Revised Code of the change of operator. The department's written	107794
notice shall include the basis for the estimate.	107795

Sec. 5111.681. (A) Except as provided in ~~division~~divisions	107796
(B) and (C) of this section, the department of job and family	107797
services ~~shall~~may withhold ~~the greater of the following~~ from	107798
payment due an exiting operator under the medicaid program:	107799

~~(1) The~~the total amount ~~of any overpayments made under the~~	107800
~~medicaid program to the exiting operator, including overpayments~~	107801
~~the exiting operator disputes, and other actual and potential~~	107802
~~debts, including any unpaid penalties,~~specified in the notice	107803
provided under division (C) of section 5111.68 of the Revised Code	107804
that the exiting operator owes or may owe to the department and	107805
United States centers for medicare and medicaid services under	107806
the medicaid program;	107807

~~(2) An amount equal to the average amount of monthly payments~~	107808
~~to the exiting operator under the medicaid program for the~~	107809
~~twelve-month period immediately preceding the month that includes~~	107810
~~the last day the exiting operator's provider agreement is in~~	107811
~~effect or, in the case of a voluntary withdrawal of participation,~~	107812
~~the effective date of the voluntary withdrawal of participation~~.	107813

(B) ~~The~~In the case of a change of operator, the following	107814
shall apply regarding a withholding under division (A) of this	107815
section if the entering operator or a qualified affiliated	107816
operator executes a successor liability agreement in a manner	107817
prescribed by the department to assume liability for the entire	107818
amount specified in the notice provided under division (C) of	107819
section 5111.68 of the Revised Code or the portion of that amount	107820
that represents the franchise permit fee the exiting operator	107821
owes:	107822

(1) If the entering operator or a qualified affiliated	107823
operator assumes liability for the entire amount specified in	107824
the notice, the department ~~may choose~~shall not to make the	107825
withholding ~~under division (A) of this section if an entering~~	107826
~~operator does both of the following:~~	107827

~~(1) Enters into a nontransferable, unconditional, written~~	107828
~~agreement with the department to pay the department any debt the~~	107829
~~exiting operator owes the department under the medicaid program;~~	107830

~~(2) Provides the department a copy of the entering operator's~~	107831
~~balance sheet that assists the department in determining whether~~	107832
~~to make the withholding under division (A) of this section~~.	107833

(2) If the entering operator or qualified affiliated operator	107834
assumes liability for only the portion of the amount specified in	107835
the notice that represents the franchise permit fee the exiting	107836
operator owes, the department shall exclude from the withholding	107837
the amount for which the entering operator or qualified	107838
affiliated operator assumes liability.	107839

(C) In the case of a voluntary termination, voluntary	107840
withdrawal of participation, or facility closure, the following	107841
shall apply regarding a withholding under division (A) of this	107842
section if the exiting operator or a qualified affiliated operator	107843
executes a successor liability agreement in a manner prescribed by	107844
the department to assume liability for the entire amount	107845
specified in the notice provided under division (C) of section	107846
5111.68 of the Revised Code or the portion of that amount that	107847
represents the franchise permit fee the exiting operator owes:	107848

(1) If the exiting operator or qualified affiliated operator	107849
assumes liability for the entire amount specified in the notice,	107850
the department shall not make the withholding.	107851

(2) If the exiting operator or qualified affiliated operator	107852
assumes liability for only the portion of the amount specified in	107853
the notice that represents the franchise permit fee the exiting	107854
operator owes, the department shall exclude from the withholding	107855
the amount for which the exiting operator or qualified affiliated	107856
operator assumes liability.	107857

(D) Execution of a successor liability agreement does not	107858
waive an exiting operator's right to contest the amount specified	107859
in the notice the department provides the exiting operator under	107860
division (C) of section 5111.68 of the Revised Code.	107861

Sec. 5111.685. The department of job and family services	107863
shall determine the actual amount of debt an exiting operator owes	107864
the department and the United States centers for medicare and	107865
medicaid services under the medicaid program by completing all	107866
final fiscal audits not already completed and performing all	107867
other appropriate actions the department determines to be	107868
necessary. The department shall issue aan initial debt summary	107869
report on this matter not later than ~~ninety~~sixty days after the	107870
date the exiting operator files the properly completed cost	107871
report required by section 5111.682 of the Revised Code with the	107872
department or, if the department waives the cost report	107873
requirement for the exiting operator, ~~ninety~~sixty days after the	107874
date the department waives the cost report requirement. The	107875
report shall include the department's findings and the amount of	107876
debt the department determines the exiting operator owes the	107877
department and United States centers for medicare and medicaid	107878
services under the medicaid program. ~~Only the parts~~	107879

The exiting operator and a qualified affiliated operator who	107880
executes a successor liability agreement under section 5111.681	107881
of the Revised Code, if any, may request an informal settlement	107882
conference to contest any of the department's findings included in	107883
the initial debt summary report. The request for the conference	107884
must be submitted to the department not later than thirty days	107885
after the date the department issues the initial debt summary	107886
report. If the department has withheld money from payment due the	107887
exiting operator under division (A) of section 5111.681 of the	107888
Revised Code, the department shall conclude the conference not	107889
later than sixty days after the date the department receives the	107890
timely request for the conference unless the department and	107891
exiting operator or qualified affiliated operator agree to a later	107892
conclusion date. The exiting operator or qualified affiliated	107893
operator may submit information to the department explaining	107894
what the operator contests before and during the conference,	107895
including documentation of the amount of any debt the department	107896
owes the operator. The department shall issue a revised debt	107897
summary report after the conference's conclusion. If the	107898
department has withheld money from payment due the exiting	107899
operator under division (A) of section 5111.681 of the Revised	107900
Code, the department shall issue the revised debt summary report	107901
not later than sixty days after the conference's conclusion. The	107902
revised debt summary report shall include the department's	107903
findings and the amount of debt the department determines the	107904
exiting operator owes the department and United States centers	107905
for medicare and medicaid services under the medicaid program.	107906
The department shall explain its findings and determination in	107907
the revised debt summary report.	107908

The exiting operator and a qualified affiliated operator who	107909
executes a successor liability agreement under section 5111.681	107910
of the Revised Code, if any, may request an adjudication	107911
regarding any part of the ~~report that are subject to an~~	107912
~~adjudication as specified in section 5111.30 of the Revised~~	107913
~~Code are subject to an adjudication conducted~~initial and	107914
revised debt summary reports in accordance with Chapter 119. of	107915
the Revised Code. However, an initial debt summary report is not	107916
subject to the adjudication if a revised debt summary report is	107917
issued following an informal conference settlement conducted	107918
regarding it; the revised debt summary report is subject to the	107919
adjudication instead. The adjudication shall be consolidated with	107920
any other uncompleted adjudication that concerns a matter	107921
addressed in the initial or revised debt summary report. If the	107922
department has withheld money from payment due the exiting	107923
operator under division (A) of section 5111.681 of the Revised	107924
Code, the department shall complete the adjudication not later	107925
than sixty days after the department receives a request for the	107926
adjudication.	107927

Sec. 5111.686. The department of job and family services	107928
shall release the actual amount withheld under division (A) of	107929
section 5111.681 of the Revised Code, less any amount the exiting	107930
operator owes the department and United States centers for	107931
medicare and medicaid services under the medicaid program, as	107932
follows:	107933

(A) ~~Ninety-one days after the date the exiting operator files~~	107934
~~a properly completed cost report required by section 5111.682 of~~	107935
~~the Revised Code unless~~Unless the department issues the initial	107936
debt summary report required by section 5111.685 of the Revised	107937
Code not later than ~~ninety~~sixty days after the date the exiting	107938
operator files the properly completed cost report required by	107939
section 5111.682 of the Revised Code, sixty-one days after the	107940
date the exiting operator files the properly completed cost	107941
report;	107942

(B) ~~Not later than thirty days after the exiting operator~~	107943
~~agrees to a final fiscal audit resulting from the report required~~	107944
~~by section 5111.685 of the Revised Code if~~If the department	107945
issues the initial debt summary report required by section	107946
5111.685 of the Revised Code not later than ~~ninety~~sixty days	107947
after the date the exiting operator files a properly completed	107948
cost report required by section 5111.682 of the Revised Code, not	107949
later than the following:	107950

(1) Thirty days after the later of the deadline for	107951
requesting an informal settlement conference under section	107952
5111.685 of the Revised Code and the deadline for requesting an	107953
adjudication under that section regarding the initial debt summary	107954
report if the exiting operator and a qualified affiliated operator	107955
who executes a successor liability agreement under section	107956
5111.681 of the Revised Code, if any, fail to request both the	107957
conference and the adjudication on or before the deadline;	107958

(2) Thirty days after the deadline for requesting an	107959
adjudication under section 5111.685 of the Revised Code regarding	107960
a revised debt summary report issued under that section if the	107961
exiting operator or a qualified affiliated operator who executes a	107962
successor liability agreement under section 5111.681 of the	107963
Revised Code, if any, requests an informal settlement conference	107964
under that section on or before the deadline for requesting the	107965
conference but fails to request an adjudication regarding the	107966
revised debt summary report on or before the deadline for	107967
requesting the adjudication;	107968

(3) Thirty days after the completion of an adjudication of	107969
the initial or revised debt summary report if the exiting operator	107970
or a qualified affiliated operator who executes a successor	107971
liability agreement under section 5111.681 of the Revised Code,	107972
if any, requests the adjudication on or before the deadline for	107973
requesting the adjudication.	107974

(C) ~~Ninety-one days after the date the department waives the~~	107975
~~cost report requirement of section 5111.682 of the Revised Code~~	107976
~~unless~~Unless the department issues the initial debt summary	107977
report required by section 5111.685 of the Revised Code not later	107978
than ~~ninety~~sixty days after the date the department waives the	107979
cost report requirement of section 5111.682 of the Revised Code,	107980
sixty-one days after the date the department waives the cost	107981
report requirement;	107982

(D) ~~Not later than thirty days after the exiting operator~~	107983
~~agrees to a final fiscal audit resulting from the report required~~	107984
~~by section 5111.685 of the Revised Code if~~If the department	107985
issues the initial debt summary report required by section	107986
5111.685 of the Revised Code not later than ~~ninety~~sixty days	107987
after the date the department waives the cost report requirement	107988
of section 5111.682 of the Revised Code, not later than the	107989
following:	107990

(1) Thirty days after the later of the deadline for	107991
requesting an informal settlement conference under section	107992
5111.685 of the Revised Code and the deadline for requesting an	107993
adjudication under that section regarding the initial debt summary	107994
report if the exiting operator and a qualified affiliated operator	107995
who executes a successor liability agreement under section	107996
5111.681 of the Revised Code, if any, fail to request both the	107997
conference and the adjudication on or before the deadline;	107998

(2) Thirty days after the deadline for requesting an	107999
adjudication under section 5111.685 of the Revised Code regarding	108000
a revised debt summary report issued under that section if the	108001
exiting operator or a qualified affiliated operator who executes a	108002
successor liability agreement under section 5111.681 of the	108003
Revised Code, if any, requests an informal settlement conference	108004
under that section on or before the deadline for requesting the	108005
conference but fails to request an adjudication regarding the	108006
revised debt summary report on or before the deadline for	108007
requesting the adjudication;	108008

(3) Thirty days after the completion of an adjudication of	108009
the initial or revised debt summary report if the exiting operator	108010
or a qualified affiliated operator who executes a successor	108011
liability agreement under section 5111.681 of the Revised Code,	108012
if any, requests the adjudication on or before the deadline for	108013
requesting the adjudication.	108014

Sec. 5111.688. (A) All amounts withheld under section	108015
5111.681 of the Revised Code from payment due an exiting operator	108016
under the medicaid program shall be deposited into the medicaid	108017
payment withholding fund created by the controlling board pursuant	108018
to section 131.35 of the Revised Code. Money in the fund shall be	108019
used as follows:	108020

(1) To pay an exiting operator when a withholding is released	108021
to the exiting operator under section 5111.686 or 5111.687 of the	108022
Revised Code;	108023

(2) To pay the department of job and family services and	108024
United States centers for medicare and medicaid services the	108025
amount an exiting operator owes the department and United States	108026
centers under the medicaid program.	108027

(B) Amounts paid from the medicaid payment withholding fund	108028
pursuant to division (A)(2) of this section shall be deposited	108029
into the appropriate department fund.	108030

~~Sec. 5111.688.~~ Sec. 5111.689. The director of job and family	108031
services ~~may~~shall adopt rules under section 5111.02 of the	108032
Revised Code to implement sections 5111.65 to ~~5111.688~~5111.689	108033
of the Revised Code, including rules applicable to an exiting	108034
operator that provides written notification under section 5111.66	108035
of the Revised Code of a voluntary withdrawal of participation.	108036
Rules adopted under this section shall comply with section	108037
1919(c)(2)(F) of the "Social Security Act," 79 Stat. 286 (1965),	108038
42 U.S.C. 1396r(c)(2)(F), regarding restrictions on transfers or	108039
discharges of nursing facility residents in the case of a	108040
voluntary withdrawal of participation. The rules may prescribe a	108041
medicaid reimbursement methodology and other procedures that are	108042
applicable after the effective date of a voluntary withdrawal of	108043
participation that differ from the reimbursement methodology and	108044
other procedures that would otherwise apply.	108045

Sec. 5111.705. No individual shall be denied eligibility for	108046
the medicaid buy-in for workers with disabilities program on the	108047
basis that the individual receives services under a home and	108048
community-based services medicaid waiver component as defined in	108049
section ~~5111.851~~5111.85 of the Revised Code.	108050

Sec. 5111.85. (A) As used in this section and sections	108051
5111.851 to 5111.856 of the Revised Code~~, "medicaid~~:	108052

"Home and community-based services medicaid waiver component"	108053
means a medicaid waiver component under which home and	108054
community-based services are provided as an alternative to	108055
hospital, nursing facility, or intermediate care facility for the	108056
mentally retarded services.	108057

"Hospital" has the same meaning as in section 3727.01 of the	108058
Revised Code.	108059

"Intermediate care facility for the mentally retarded" has	108060
the same meaning as in section 5111.20 of the Revised Code.	108061

"Medicaid waiver component" means a component of the medicaid	108062
program authorized by a waiver granted by the United States	108063
department of health and human services under section 1115 or 1915	108064
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	108065
1315 or 1396n. "Medicaid waiver component" does not include a	108066
care management system established under section 5111.16 of the	108067
Revised Code.	108068

"Nursing facility" has the same meaning as in section 5111.20	108069
of the Revised Code.	108070

(B) The director of job and family services may adopt rules	108071
under Chapter 119. of the Revised Code governing medicaid waiver	108072
components that establish all of the following:	108073

(1) Eligibility requirements for the medicaid waiver	108074
components;	108075

(2) The type, amount, duration, and scope of services the	108076
medicaid waiver components provide;	108077

(3) The conditions under which the medicaid waiver components	108078
cover services;	108079

(4) The amount the medicaid waiver components pay for	108080
services or the method by which the amount is determined;	108081

(5) The manner in which the medicaid waiver components pay	108082
for services;	108083

(6) Safeguards for the health and welfare of medicaid	108084
recipients receiving services under a medicaid waiver component;	108085

(7) Procedures for both of the following:

108086

(a) Identifying individuals who meet all of the following	108087
requirements:	108088

(i) Are eligible for a home and community-based services	108089
medicaid waiver component and on a waiting list for the component;	108090

(ii) Are receiving inpatient hospital services or residing in	108091
an intermediate care facility for the mentally retarded or	108092
nursing facility (as appropriate for the component);	108093

(iii) Choose to be enrolled in the component.

108094

(b) Approving the enrollment of individuals identified under	108095
the procedures established under division (B)(7)(a) of this	108096
section into the home and community-based services medicaid waiver	108097
component.	108098

(8) Procedures for enforcing the rules, including	108099
establishing corrective action plans for, and imposing financial	108100
and administrative sanctions on, persons and government entities	108101
that violate the rules. Sanctions shall include terminating	108102
medicaid provider agreements. The procedures shall include due	108103
process protections.	108104

~~(8)~~(9) Other policies necessary for the efficient	108105
administration of the medicaid waiver components.	108106

(C) The director of job and family services may adopt	108107
different rules for the different medicaid waiver components. The	108108
rules shall be consistent with the terms of the waiver authorizing	108109
the medicaid waiver component.	108110

(D) Any procedures established under division (B)(7) of this	108111
section for the PASSPORT program shall be consistent with section	108112
173.401 of the Revised Code. Any procedures established under	108113
division (B)(7) of this section for the assisted living program	108114
shall be consistent with section 5111.894 of the Revised Code.	108115

Sec. 5111.851. (A) As used in sections 5111.851 to 5111.855	108116
of the Revised Code:	108117

"Administrative agency" means, with respect to a home and	108118
community-based services medicaid waiver component, the department	108119
of job and family services or, if a state agency or political	108120
subdivision contracts with the department under section 5111.91 of	108121
the Revised Code to administer the component, that state agency or	108122
political subdivision.	108123

~~"Home and community-based services medicaid waiver component"~~	108124
~~means a medicaid waiver component under which home and~~	108125
~~community-based services are provided as an alternative to~~	108126
~~hospital, nursing facility, or intermediate care facility for the~~	108127
~~mentally retarded services.~~	108128

~~"Hospital" has the same meaning as in section 3727.01 of the~~	108129
~~Revised Code.~~	108130

~~"Intermediate care facility for the mentally retarded" has~~	108131
~~the same meaning as in section 5111.20 of the Revised Code.~~	108132

"Level of care determination" means a determination of	108133
whether an individual needs the level of care provided by a	108134
hospital, nursing facility, or intermediate care facility for the	108135
mentally retarded and whether the individual, if determined to	108136
need that level of care, would receive hospital, nursing facility,	108137
or intermediate care facility for the mentally retarded services	108138
if not for a home and community-based services medicaid waiver	108139
component.	108140

"Medicaid buy-in for workers with disabilities program" means	108141
the component of the medicaid program established under sections	108142
5111.70 to 5111.7011 of the Revised Code.	108143

~~"Nursing facility" has the same meaning as in section 5111.20~~	108144
~~of the Revised Code.~~	108145

"Skilled nursing facility" means a facility certified as a	108146
skilled nursing facility under Title XVIII of the "Social Security	108147
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	108148

(B) The following requirements apply to each home and	108149
community-based services medicaid waiver component:	108150

(1) Only an individual who qualifies for a component shall	108151
receive that component's services.	108152

(2) A level of care determination shall be made as part of	108153
the process of determining whether an individual qualifies for a	108154
component and shall be made each year after the initial	108155
determination if, during such a subsequent year, the	108156
administrative agency determines there is a reasonable indication	108157
that the individual's needs have changed.	108158

(3) A written plan of care or individual service plan based	108159
on an individual assessment of the services that an individual	108160
needs to avoid needing admission to a hospital, nursing facility,	108161
or intermediate care facility for the mentally retarded shall be	108162
created for each individual determined eligible for a component.	108163

(4) Each individual determined eligible for a component shall	108164
receive that component's services in accordance with the	108165
individual's level of care determination and written plan of care	108166
or individual service plan.	108167

(5) No individual may receive services under a component	108168
while the individual is a hospital inpatient or resident of a	108169
skilled nursing facility, nursing facility, or intermediate care	108170
facility for the mentally retarded.	108171

(6) No individual may receive prevocational, educational, or	108172
supported employment services under a component if the individual	108173
is eligible for such services that are funded with federal funds	108174
provided under 29 U.S.C. 730 or the "Individuals with Disabilities	108175
Education Act," 111 Stat. 37 (1997), 20 U.S.C. 1400, as amended.	108176

(7) Safeguards shall be taken to protect the health and	108177
welfare of individuals receiving services under a component,	108178
including safeguards established in rules adopted under section	108179
5111.85 of the Revised Code and safeguards established by	108180
licensing and certification requirements that are applicable to	108181
the providers of that component's services.	108182

(8) No services may be provided under a component by a	108183
provider that is subject to standards that 42 U.S.C. 1382e(e)(1)	108184
requires be established if the provider fails to comply with the	108185
standards applicable to the provider.	108186

(9) Individuals determined to be eligible for a component, or	108187
such individuals' representatives, shall be informed of that	108188
component's services, including any choices that the individual or	108189
representative may make regarding the component's services, and	108190
given the choice of either receiving services under that component	108191
or, as appropriate, hospital, nursing facility, or intermediate	108192
care facility for the mentally retarded services.	108193

(10) No individual shall lose eligibility for services under	108194
a component, or have the services reduced or otherwise disrupted,	108195
on the basis that the individual also receives services under the	108196
medicaid buy-in for workers with disabilities program.	108197

(11) No individual shall lose eligibility for services under	108198
a component, or have the services reduced or otherwise disrupted,	108199
on the basis that the individual's income or resources increase to	108200
an amount above the eligibility limit for the component if the	108201
individual is participating in the medicaid buy-in for workers	108202
with disabilities program and the amount of the individual's	108203
income or resources does not exceed the eligibility limit for the	108204
medicaid buy-in for workers with disabilities program.	108205

(12) No individual receiving services under a component shall	108206
be required to pay any cost sharing expenses for the services for	108207
any period during which the individual also participates in the	108208
medicaid buy-in for workers with disabilities program.	108209

Sec. 5111.861. (A) As used in this section:

108210

(1) "Assisted living program" means the medicaid waiver	108211
component created under section 5111.89 of the Revised Code.	108212

(2) "Choices program" means the medicaid waiver component	108213
created under section 173.403 of the Revised Code.	108214

(3) "Medicaid waiver component" has the same meaning as in	108215
section 5111.85 of the Revised Code.	108216

(4) "PASSPORT program" means the medicaid waiver component	108217
created under section 173.40 of the Revised Code.	108218

(B) The director of job and family services shall submit a	108219
request to the United States secretary of health and human	108220
services pursuant to 42 U.S.C. 1396n to obtain a federal medicaid	108221
waiver that consolidates the following medicaid waiver components	108222
into one medicaid waiver component:	108223

(1) The assisted living program;

108224

(2) The choices program;

108225

(3) The PASSPORT program.

108226

(C) In seeking a consolidated federal medicaid waiver under	108227
this section, the director of job and family services shall work	108228
with the director of aging and provide for the waiver to do all of	108229
the following:	108230

(1) For the part of the waiver that concerns the assisted	108231
living program, include the provisions that sections 5111.89 to	108232
5111.894 of the Revised Code establish for the assisted living	108233
program;	108234

(2) For the part of the waiver that concerns the choices	108235
program, include the provisions that section 173.403 of the	108236
Revised Code establish for the choices program;	108237

(3) For the part of the waiver that concerns the PASSPORT	108238
program, include the provisions that sections 173.40 to 173.402 of	108239
the Revised Code establish for the PASSPORT program;	108240

(4) For each part of the waiver, including the part that	108241
concerns the choices program, be available statewide.	108242

(D) If the United States secretary approves the consolidated	108243
federal medicaid waiver sought under this section, all of the	108244
following shall apply:	108245

(1) The department of job and family services shall enter	108246
into a contract with the department of aging under section 5111.91	108247
of the Revised Code for the department of aging to administer the	108248
consolidated federal medicaid waiver, except that the department	108249
of job and family services, rather than the department of aging,	108250
shall administer the part of the waiver that concerns the assisted	108251
living program if the director of budget and management does not	108252
approve the contract;	108253

(2) The director of job and family services shall adopt rules	108254
under section 5111.85 of the Revised Code to authorize the	108255
director of aging to adopt rules in accordance with Chapter 119.	108256
of the Revised Code that are needed to implement the consolidated	108257
federal medicaid waiver, except that the director of job and	108258
family services shall adopt rules under section 5111.85 of the	108259
Revised Code that are needed to implement the part of the waiver	108260
that concerns the assisted living program if the director of	108261
budget and management does not approve the contract the	108262
departments of job and family services and aging enter into under	108263
division (D)(1) of this section;	108264

(3) Any statutory reference to the assisted living program	108265
shall mean the part of the consolidated federal medicaid waiver	108266
that concerns the assisted living program;	108267

(4) Any statutory reference to the choices program shall mean	108268
the part of the consolidated federal medicaid waiver that concerns	108269
the choices program;	108270

(5) Any statutory references to the PASSPORT program shall	108271
mean the part of the consolidated federal medicaid waiver that	108272
concerns the PASSPORT program.	108273

Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710	108274
of the Revised Code:	108275

"Home and community-based services" has the same meaning as	108276
in section 5123.01 of the Revised Code.	108277

"ICF/MR services" means intermediate care facility for the	108278
mentally retarded services covered by the medicaid program that an	108279
intermediate care facility for the mentally retarded provides to a	108280
resident of the facility who is a medicaid recipient eligible for	108281
medicaid-covered intermediate care facility for the mentally	108282
retarded services.	108283

"Intermediate care facility for the mentally retarded" means	108284
an intermediate care facility for the mentally retarded that is	108285
certified as in compliance with applicable standards for the	108286
medicaid program by the director of health in accordance with	108287
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	108288
U.S.C. 1396, as amended, and licensed as a residential facility	108289
under section 5123.19 of the Revised Code.	108290

"Residential facility" has the same meaning as in section	108291
5123.19 of the Revised Code.	108292

(B) For the purpose of increasing the number of slots	108293
available for home and community-based services and subject to	108294
sections 5111.877 and 5111.878 of the Revised Code, the operator	108295
of an intermediate care facility for the mentally retarded may	108296
convert all of the beds in the facility from providing ICF/MR	108297
services to providing home and community-based services if all	108298
of the following requirements are met:	108299

(1) The operator provides the directors of health, job and	108300
family services, and mental retardation and developmental	108301
disabilities at least ninety days' notice of the operator's intent	108302
to relinquish the facility's certification as an intermediate care	108303
facility for the mentally retarded and to begin providing home and	108304
community-based services.	108305

(2) The operator complies with the requirements of sections	108306
5111.65 to ~~5111.688~~5111.689 of the Revised Code regarding a	108307
voluntary termination as defined in section 5111.65 of the	108308
Revised Code if those requirements are applicable.	108309

(3) The operator notifies each of the facility's residents	108310
that the facility is to cease providing ICF/MR services and inform	108311
each resident that the resident may do either of the following:	108312

(a) Continue to receive ICF/MR services by transferring to	108313
another facility that is an intermediate care facility for the	108314
mentally retarded willing and able to accept the resident if the	108315
resident continues to qualify for ICF/MR services;	108316

(b) Begin to receive home and community-based services	108317
instead of ICF/MR services from any provider of home and	108318
community-based services that is willing and able to provide the	108319
services to the resident if the resident is eligible for the	108320
services and a slot for the services is available to the resident.	108321

(4) The operator meets the requirements for providing home	108322
and community-based services, including the following:	108323

(a) Such requirements applicable to a residential facility if	108324
the operator maintains the facility's license as a residential	108325
facility;	108326

(b) Such requirements applicable to a facility that is not	108327
licensed as a residential facility if the operator surrenders the	108328
facility's residential facility license under section 5123.19 of	108329
the Revised Code.	108330

(5) The director of mental retardation and developmental	108331
disabilities approves the conversion.	108332

(C) The notice to the director of mental retardation and	108333
developmental disabilities under division (B)(1) of this section	108334
shall specify whether the operator wishes to surrender the	108335
facility's license as a residential facility under section 5123.19	108336
of the Revised Code.	108337

(D) If the director of mental retardation and developmental	108338
disabilities approves a conversion under division (B) of this	108339
section, the director of health shall terminate the certification	108340
of the intermediate care facility for the mentally retarded to be	108341
converted. The director of health shall notify the director of	108342
job and family services of the termination. On receipt of the	108343
director of health's notice, the director of job and family	108344
services shall terminate the operator's medicaid provider	108345
agreement that authorizes the operator to provide ICF/MR services	108346
at the facility. The operator is not entitled to notice or a	108347
hearing under Chapter 119. of the Revised Code before the	108348
director of job and family services terminates the medicaid	108349
provider agreement.	108350

Sec. 5111.875. (A) For the purpose of increasing the number	108351
of slots available for home and community-based services and	108352
subject to sections 5111.877 and 5111.878 of the Revised Code, a	108353
person who acquires, through a request for proposals issued by	108354
the director of mental retardation and developmental	108355
disabilities, a residential facility that is an intermediate care	108356
facility for the mentally retarded and for which the license as a	108357
residential facility was previously surrendered or revoked may	108358
convert some or all of the facility's beds from providing ICF/MR	108359
services to providing home and community-based services if all	108360
of the following requirements are met:	108361

(1) The person provides the directors of health, job and	108362
family services, and mental retardation and developmental	108363
disabilities at least ninety days' notice of the person's intent	108364
to make the conversion.	108365

(2) The person complies with the requirements of sections	108366
5111.65 to ~~5111.688~~5111.689 of the Revised Code regarding a	108367
voluntary termination as defined in section 5111.65 of the	108368
Revised Code if those requirements are applicable.	108369

(3) If the person intends to convert all of the facility's	108370
beds, the person notifies each of the facility's residents that	108371
the facility is to cease providing ICF/MR services and informs	108372
each resident that the resident may do either of the following:	108373

(a) Continue to receive ICF/MR services by transferring to	108374
another facility that is an intermediate care facility for the	108375
mentally retarded willing and able to accept the resident if the	108376
resident continues to qualify for ICF/MR services;	108377

(b) Begin to receive home and community-based services	108378
instead of ICF/MR services from any provider of home and	108379
community-based services that is willing and able to provide the	108380
services to the resident if the resident is eligible for the	108381
services and a slot for the services is available to the resident.	108382

(4) If the person intends to convert some but not all of the	108383
facility's beds, the person notifies each of the facility's	108384
residents that the facility is to convert some of its beds from	108385
providing ICF/MR services to providing home and community-based	108386
services and inform each resident that the resident may do either	108387
of the following:	108388

(a) Continue to receive ICF/MR services from any provider of	108389
ICF/MR services that is willing and able to provide the services	108390
to the resident if the resident continues to qualify for ICF/MR	108391
services;	108392

(b) Begin to receive home and community-based services	108393
instead of ICF/MR services from any provider of home and	108394
community-based services that is willing and able to provide the	108395
services to the resident if the resident is eligible for the	108396
services and a slot for the services is available to the resident.	108397

(5) The person meets the requirements for providing home and	108398
community-based services at a residential facility.	108399

(B) The notice provided to the directors under division	108400
(A)(1) of this section shall specify whether some or all of the	108401
facility's beds are to be converted. If some but not all of the	108402
beds are to be converted, the notice shall specify how many of	108403
the facility's beds are to be converted and how many of the beds	108404
are to continue to provide ICF/MR services.	108405

(C) On receipt of a notice under division (A)(1) of this	108406
section, the director of health shall do the following:	108407

(1) Terminate the certification of the intermediate care	108408
facility for the mentally retarded if the notice specifies that	108409
all of the facility's beds are to be converted;	108410

(2) Reduce the facility's certified capacity by the number of	108411
beds being converted if the notice specifies that some but not all	108412
of the beds are to be converted.	108413

(D) The director of health shall notify the director of job	108414
and family services of the termination or reduction under division	108415
(C) of this section. On receipt of the director of health's	108416
notice, the director of job and family services shall do the	108417
following:	108418

(1) Terminate the person's medicaid provider agreement that	108419
authorizes the person to provide ICF/MR services at the facility	108420
if the facility's certification was terminated;	108421

(2) Amend the person's medicaid provider agreement to reflect	108422
the facility's reduced certified capacity if the facility's	108423
certified capacity is reduced.	108424

The person is not entitled to notice or a hearing under	108425
Chapter 119. of the Revised Code before the director of job and	108426
family services terminates or amends the medicaid provider	108427
agreement.	108428

Sec. 5111.88. (A) As used in sections 5111.88 to 5111.8811	108429
of the Revised Code:	108430

(1) "Adult" means an individual at least eighteen years of	108431
age.	108432

(2) "Authorized representative" means the following:

108433

(a) In the case of a consumer who is a minor, the consumer's	108434
parent, custodian, or guardian;	108435

(b) In the case of a consumer who is an adult, an individual	108436
selected by the consumer pursuant to section 5111.8810 of the	108437
Revised Code to act on the consumer's behalf for purposes	108438
regarding home care attendant services.	108439

(3) "Authorizing health care professional" means a health	108440
care professional who, pursuant to section 5111.887 of the Revised	108441
Code, authorizes a home care attendant to assist a consumer with	108442
self-administration of medication, nursing tasks, or both.	108443

(4) "Consumer" means an individual to whom all of the	108444
following apply:	108445

(a) The individual is enrolled in a participating medicaid	108446
waiver component.	108447

(b) The individual has a medically determinable physical	108448
impairment to which both of the following apply:	108449

(i) It is expected to last for a continuous period of not	108450
less than twelve months.	108451

(ii) It causes the individual to require assistance with	108452
activities of daily living, self-care, and mobility, including	108453
either assistance with self-administration of medication or the	108454
performance of nursing tasks, or both.	108455

(c) In the case of an individual who is an adult, the	108456
individual is mentally alert and is, or has an authorized	108457
representative who is, capable of selecting, directing the	108458
actions of, and dismissing a home care attendant.	108459

(d) In the case of an individual who is a minor, the	108460
individual has an authorized representative who is capable of	108461
selecting, directing the actions of, and dismissing a home care	108462
attendant.	108463

(5) "Controlled substance" has the same meaning as in section	108464
3719.01 of the Revised Code.	108465

(6) "Custodian" has the same meaning as in section 2151.011	108466
of the Revised Code.	108467

(7) "Gastrostomy tube" means a percutaneously inserted	108468
catheter that terminates in the stomach.	108469

(8) "Guardian" has the same meaning as in section 2111.01 of	108470
the Revised Code.	108471

(9) "Health care professional" means a physician or	108472
registered nurse.	108473

(10) "Home care attendant" means an individual holding a	108474
valid medicaid provider agreement in accordance with section	108475
5111.881 of the Revised Code that authorizes the individual to	108476
provide home care attendant services to consumers.	108477

(11) "Home care attendant services" means all of the	108478
following as provided by a home care attendant:	108479

(a) Personal care aide services;

108480

(b) Assistance with the self-administration of medication;

108481

108482

(12) "Jejunostomy tube" means a percutaneously inserted	108483
catheter that terminates in the jejunum.	108484

(13) "Medicaid waiver component" has the same meaning as in	108485
section 5111.85 of the Revised Code.	108486

(14) "Medication" means a drug as defined in section 4729.01	108487
of the Revised Code.	108488

(15) "Minor" means an individual under eighteen years of age.

108489

(16) "Participating medicaid waiver component" means both of	108490
the following:	108491

(a) The medicaid waiver component known as Ohio home care	108492
that the department of job and family services administers;	108493

(b) The medicaid waiver component known as Ohio transitions	108494
II aging carve-out that the department of job and family services	108495
administers.	108496

(17) "Physician" means an individual authorized under Chapter	108497
4731. of the Revised Code to practice medicine and surgery or	108498
osteopathic medicine and surgery.	108499

(18) "Practice of nursing as a registered nurse," "practice	108500
of nursing as a licensed practical nurse," and "registered nurse"	108501
have the same meanings as in section 4723.01 of the Revised Code.	108502
"Registered nurse" includes an advanced practice nurse, as defined	108503
in section 4723.01 of the Revised Code.	108504

(19) "Schedule II," "schedule III," "schedule IV," and	108505
"schedule V" have the same meanings as in section 3719.01 of the	108506
Revised Code.	108507

(B) The director of job and family services may submit	108508
requests to the United States secretary of health and human	108509
services to amend the federal medicaid waivers authorizing the	108510
participating medicaid waiver components to have those components	108511
cover home care attendant services in accordance with sections	108512
5111.88 to 5111.8810 and rules adopted under section 5111.8811 of	108513
the Revised Code. Notwithstanding sections 5111.881 to 5111.8811	108514
of the Revised Code, those sections shall be implemented regarding	108515
a participating medicaid waiver component only if the secretary	108516
approves a waiver amendment for the component.	108517

Sec. 5111.881. The director of job and family services shall	108518
enter into a medicaid provider agreement with an individual to	108519
authorize the individual to provide home care attendant services	108520
to consumers if the individual does both of the following:	108521

(A) Agrees to comply with the requirements of sections	108522
5111.88 to 5111.8810 and rules adopted under section 5111.8811 of	108523
the Revised Code;	108524

(B) Provides the director evidence satisfactory to the	108525
director of all of the following:	108526

(1) That the individual either meets the personnel	108527
qualifications specified in 42 C.F.R. 484.4 for home health aides	108528
or has successfully completed at least one of the following:	108529

(a) A competency evaluation program or training and	108530
competency evaluation program approved or conducted by the	108531
director of health under section 3721.31 of the Revised Code;	108532

(b) A training program approved by the department of job and	108533
family services that includes training in at least all of the	108534
following and provides training equivalent to a training and	108535
competency evaluation program specified in division (B)(1)(a) of	108536
this section or meets the requirements of 42 C.F.R. 484.36(a):	108537

(i) Basic home safety;

108538

(ii) Universal precautions for the prevention of disease	108539
transmission, including hand-washing and proper disposal of bodily	108540
waste and medical instruments that are sharp or may produce sharp	108541
pieces if broken;	108542

(iii) Personal care aide services;

108543

(iv) The labeling, counting, and storage requirements for	108544
schedule II, III, IV, and V medications.	108545

(2) That the individual has obtained a certificate of	108546
completion of a course in first aid from a first aid course to	108547
which all of the following apply:	108548

(a) It is not provided solely through the internet.

108549

(b) It includes hands-on training provided by a first aid	108550
instructor who is qualified to provide such training according to	108551
standards set in rules adopted under section 5111.8811 of the	108552
Revised Code.	108553

(c) It requires the individual to demonstrate successfully	108554
that the individual has learned the first aid taught in the	108555
course.	108556

(3) That the individual meets any other requirements for the	108557
medicaid provider agreement specified in rules adopted under	108558
section 5111.8811 of the Revised Code.	108559

Sec. 5111.882. A home care attendant shall complete not less	108560
than twelve hours of in-service continuing education regarding	108561
home care attendant services each year and provide the director	108562
of job and family services evidence satisfactory to the director	108563
that the attendant satisfied this requirement. The evidence shall	108564
be submitted to the director not later than the annual anniversary	108565
of the issuance of the home care attendant's initial medicaid	108566
provider agreement.	108567

Sec. 5111.883. A home care attendant shall do all of the	108568
following:	108569

(A) Maintain a clinical record for each consumer to whom the	108570
attendant provides home care attendant services in a manner that	108571
protects the consumer's privacy;	108572

(B) Participate in a face-to-face visit every ninety days	108573
with all of the following to monitor the health and welfare of	108574
each of the consumers to whom the attendant provides home care	108575
attendant services:	108576

(1) The consumer;

108577

(2) The consumer's authorized representative, if any;

108578

(3) A registered nurse who agrees to answer any questions	108579
that the attendant, consumer, or authorized representative has	108580
about consumer care needs, medications, and other issues.	108581

(C) Document the activities of each visit required by	108582
division (B) of this section in the consumer's clinical record	108583
with the assistance of the registered nurse.	108584

Sec. 5111.884. (A) A home care attendant may assist a	108585
consumer with nursing tasks or self-administration of medication	108586
only after the attendant does both of the following:	108587

(1) Subject to division (B) of this section, completes	108588
consumer-specific training in how to provide the assistance that	108589
the authorizing health care professional authorizes the attendant	108590
to provide to the consumer;	108591

(2) At the request of the consumer, consumer's authorized	108592
representative, or authorizing health care professional,	108593
successfully demonstrates that the attendant has learned how to	108594
provide the authorized assistance to the consumer.	108595

(B) The training required by division (A)(1) of this section	108596
shall be provided by either of the following:	108597

(1) The authorizing health care professional;

108598

(2) The consumer or consumer's authorized representative in	108599
cooperation with the authorizing health care professional.	108600

Sec. 5111.885. A home care attendant shall comply with both	108601
of the following when assisting a consumer with nursing tasks or	108602
self-administration of medication:	108603

(A) The written consent of the consumer or consumer's	108604
authorized representative provided to the director of job and	108605
family services under section 5111.886 of the Revised Code;	108606

(B) The authorizing health care professional's written	108607
authorization provided to the director under section 5111.887 of	108608
the Revised Code.	108609

Sec. 5111.886. To consent to a home care attendant assisting	108610
a consumer with nursing tasks or self-administration of	108611
medication, the consumer or consumer's authorized representative	108612
shall provide the director of job and family services a written	108613
statement signed by the consumer or authorized representative	108614
under which the consumer or authorized representative consents to	108615
both of the following:	108616

(A) Having the attendant assist the consumer with nursing	108617
tasks or self-administration of medication;	108618

(B) Assuming responsibility for directing the attendant when	108619
the attendant assists the consumer with nursing tasks or	108620
self-administration of medication.	108621

Sec. 5111.887. To authorize a home care attendant to assist	108622
a consumer with nursing tasks or self-administration of	108623
medication, a health care professional shall provide the director	108624
of job and family services a written statement signed by the	108625
health care professional that includes all of the following:	108626

(A) The consumer's name and address;

108627

(B) A description of the nursing tasks or self-administration	108628
of medication with which the attendant is to assist the consumer,	108629
including, in the case of assistance with self-administration of	108630
medication, the name and dosage of the medication;	108631

(C) The times or intervals when the attendant is to assist	108632
the consumer with the self-administration of each dosage of the	108633
medication or nursing tasks;	108634

(D) The dates the attendant is to begin and cease providing	108635
the assistance;	108636

(E) A list of severe adverse reactions the attendant must	108637
report to the health care professional should the consumer	108638
experience one or more of the reactions;	108639

(F) At least one telephone number at which the attendant can	108640
reach the health care professional in an emergency;	108641

(G) Instructions the attendant is to follow when assisting	108642
the consumer with nursing tasks or self-administration of	108643
medication, including instructions for maintaining sterile	108644
conditions and for storage of task-related equipment and supplies;	108645

(H) The health care professional's attestation of both of the	108646
following:	108647

(1) That the consumer or consumer's authorized representative	108648
has demonstrated to the health care professional the ability to	108649
direct the attendant;	108650

(2) That the attendant has demonstrated to the health care	108651
professional the ability to provide the consumer assistance with	108652
nursing tasks or self-administration of medication that the health	108653
care professional has specifically authorized the attendant to	108654
provide and that the consumer or consumer's authorized	108655
representative has indicated to the health care professional that	108656
the consumer or authorized representative is satisfied with the	108657
attendant's demonstration.	108658

Sec. 5111.888. When authorizing a home care attendant to	108659
assist a consumer with nursing tasks or self-administration of	108660
medication a health care professional may not authorize a home	108661
care attendant to do any of the following:	108662

(A) Perform a task that is outside of the health care	108663
professional's scope of practice;	108664

(B) Assist the consumer with the self-administration of a	108665
medication, including a schedule II, schedule III, schedule IV, or	108666
schedule V drug unless both of the following apply:	108667

(1) The medication is administered orally, topically, or via	108668
a gastrostomy tube or jejunostomy tube, including through any of	108669
the following:	108670

(a) In the case of an oral medication, a metered dose	108671
inhaler;	108672

(b) In the case of a topical medication, including a	108673
transdermal medication, either of the following:	108674

(i) An eye, ear, or nose drop or spray;

108675

(ii) A vaginal or rectal suppository.

108676

(c) In the case of a gastrostomy tube or jejunostomy tube,	108677
only through a pre-programmed pump.	108678

(2) The medication is in its original container and the	108679
label attached to the container displays all of the following:	108680

(a) The consumer's full name in print;

108681

(b) The medication's dispensing date, which must not be more	108682
than twelve months before the date the attendant assists the	108683
consumer with self-administration of the medication;	108684

(c) The exact dosage and means of administration that match	108685
the health care professional's authorization to the attendant.	108686

(C) Assist the consumer with the self-administration of a	108687
schedule II, schedule III, schedule IV, or schedule V medication	108688
unless, in addition to meeting the requirements of division (B) of	108689
this section, all of the following apply:	108690

(1) The medication has a warning label on its container.

108691

(2) The attendant counts the medication in the consumer's or	108692
authorized representative's presence when the medication is	108693
administered to the consumer and records the count on a form used	108694
for the count as specified in rules adopted under section	108695
5111.8811 of the Revised Code.	108696

(3) The attendant recounts the medication in the consumer's	108697
or authorized representative's presence at least monthly and	108698
reconciles the recount on a log located in the consumer's	108699
clinical record.	108700

(4) The medication is stored separately from all other	108701
medications and is secured and locked at all times when not being	108702
administered to the consumer to prevent unauthorized access.	108703

(D) Perform an intramuscular injection;

108704

(E) Perform a subcutaneous injection unless it is for a	108705
routine dose of insulin;	108706

(F) Program a pump used to deliver a medication unless the	108707
pump is used to deliver a routine dose of insulin;	108708

(G) Insert, remove, or discontinue an intravenous access	108709
device;	108710

(H) Engage in intravenous medication administration;

108711

(I) Insert or initiate an infusion therapy;

108712

(J) Perform a central line dressing change.

108713

Sec. 5111.889. A home care attendant who provides home care	108714
attendant services to a consumer in accordance with the	108715
authorizing health care professional's authorization does not	108716
engage in the practice of nursing as a registered nurse or in the	108717
practice of nursing as a licensed practical nurse in violation of	108718
section 4723.03 of the Revised Code.	108719

A consumer or the consumer's authorized representative shall	108720
report to the director of job and family services if a home care	108721
attendant engages in the practice of nursing as a registered nurse	108722
or the practice of nursing as a licensed practical nurse beyond	108723
the authorizing health care professional's authorization. The	108724
director shall forward a copy of each report to the board of	108725
nursing.	108726

Sec. 5111.8810. A consumer who is an adult may select an	108727
individual to act on the consumer's behalf for purposes regarding	108728
home care attendant services by submitting a written notice of the	108729
consumer's selection of an authorized representative to the	108730
director of job and family services. The notice shall	108731
specifically identify the individual the consumer selects as	108732
authorized representative and may limit what the authorized	108733
representative may do on the consumer's behalf regarding home	108734
care attendant services. A consumer may not select the consumer's	108735
home care attendant to be the consumer's authorized	108736
representative.	108737

Sec. 5111.8811. The director of job and family services shall	108738
adopt rules under section 5111.85 of the Revised Code as necessary	108739
for the implementation of sections 5111.88 to 5111.8810 of the	108740
Revised Code. The rules shall be consistent with federal and state	108741
law.	108742

Sec. 5111.89. (A) As used in sections 5111.89 to 5111.894	108743
of the Revised Code:	108744

"Area agency on aging" has the same meaning as in section	108745
173.14 of the Revised Code.	108746

"Assisted living program" means the ~~medicaid waiver component~~	108747
~~for which the director of job and family services is authorized by~~	108748
program created under this section ~~to request a medicaid waiver~~.	108749

"Assisted living services" means the following home and	108750
community-based services: personal care, homemaker, chore,	108751
attendant care, companion, medication oversight, and therapeutic	108752
social and recreational programming.	108753

"County or district home" means a county or district home	108754
operated under Chapter 5155. of the Revised Code.	108755

"Long-term care consultation program" means the program the	108756
department of aging is required to develop under section 173.42 of	108757
the Revised Code.	108758

"Long-term care consultation program administrator" or	108759
"administrator" means the department of aging or, if the	108760
department contracts with an area agency on aging or other entity	108761
to administer the long-term care consultation program for a	108762
particular area, that agency or entity.	108763

"Medicaid waiver component" has the same meaning as in	108764
section 5111.85 of the Revised Code.	108765

"Nursing facility" has the same meaning as in section 5111.20	108766
of the Revised Code.	108767

"Residential care facility" has the same meaning as in	108768
section 3721.01 of the Revised Code.	108769

"State administrative agency" means the department of job and	108770
family services if the department of job and family services	108771
administers the assisted living program or the department of aging	108772
if the department of aging administers the assisted living	108773
program.	108774

(B) ~~The director of job and family services may submit a~~	108775
~~request to the United States secretary of health and human~~	108776
~~services under 42 U.S.C. 1396n to obtain a waiver of federal~~	108777
~~medicaid requirements that would otherwise be violated in the~~	108778
~~creation and implementation of a program under which~~There is	108779
hereby created the assisted living program. The program shall	108780
provide assisted living services ~~are provided~~ to ~~not more than~~	108781
~~one thousand eight hundred~~ individuals who meet the program's	108782
eligibility requirements established under section 5111.891 of	108783
the Revised Code. The program may not serve more individuals	108784
than the number that is set by the United States secretary of	108785
health and human services when the medicaid waiver authorizing the	108786
program is approved. The program shall be operated as a separate	108787
medicaid waiver component until the United States secretary	108788
approves the consolidated federal medicaid waiver sought under	108789
section 5111.861 of the Revised Code. The program shall be part of	108790
the consolidated federal medicaid waiver sought under that section	108791
if the United States secretary approves the waiver.	108792

If the ~~secretary approves the medicaid waiver requested under~~	108793
~~this section and the~~ director of budget and management approves	108794
the contract, the department of job and family services shall	108795
enter into a contract with the department of aging under section	108796
5111.91 of the Revised Code that provides for the department of	108797
aging to administer the assisted living program. The contract	108798
shall include an estimate of the program's costs.	108799

The director of job and family services may adopt rules under	108800
section 5111.85 of the Revised Code regarding the assisted living	108801
program. The director of aging may adopt rules under Chapter 119.	108802
of the Revised Code regarding the program that the rules adopted	108803
by the director of job and family services authorize the director	108804
of aging to adopt.	108805

Sec. 5111.891. To be eligible for the assisted living	108806
program, an individual must meet all of the following	108807
requirements:	108808

(A) Need an intermediate level of care as determined under	108809
rule 5101:3-3-06 of the Administrative Code;	108810

(B) At the time the individual applies for the assisted	108811
living program, be one of the following:	108812

(1) A nursing facility resident who is seeking to move to a	108813
residential care facility and would remain in a nursing facility	108814
for long term care if not for the assisted living program;	108815

(2) A participant of any of the following medicaid waiver	108816
components who would move to a nursing facility if not for the	108817
assisted living program:	108818

(a) The PASSPORT program created under section 173.40 of the	108819
Revised Code;	108820

(b) The ~~medicaid waiver component called the~~ choices program	108821
~~that the department of aging administers~~created under section	108822
173.403 of the Revised Code;	108823

(c) A medicaid waiver component that the department of job	108824
and family services administers.	108825

(3) A resident of a residential care facility who has resided	108826
in a residential care facility for at least six months immediately	108827
before the date the individual applies for the assisted living	108828
program.	108829

(C) At the time the individual receives assisted living	108830
services under the assisted living program, reside in a	108831
residential care facility that is authorized by a valid medicaid	108832
provider agreement to participate in the assisted living program,	108833
including both of the following:	108834

(1) A residential care facility that is owned or operated by	108835
a metropolitan housing authority that has a contract with the	108836
United States department of housing and urban development to	108837
receive an operating subsidy or rental assistance for the	108838
residents of the facility;	108839

(2) A county or district home licensed as a residential care	108840
facility.	108841

(D) Meet all other eligibility requirements for the assisted	108842
living program established in rules adopted under section 5111.85	108843
of the Revised Code.	108844

Sec. 5111.894. The state administrative agency may	108845
establish one or more waiting lists for the assisted living	108846
program. Only individuals eligible for the medicaid program may be	108847
placed on a waiting list.	108848

Each month, each area agency on aging shall determine	108849
whether any individual who resides in the area that the area	108850
agency on aging serves and is on a waiting list for the assisted	108851
living program has been admitted to a nursing facility. If an	108852
area agency on aging determines that such an individual has been	108853
admitted to a nursing facility and that there is a vacancy in a	108854
residential care facility participating in the assisted living	108855
program that is acceptable to the individual, the agency shall	108856
notify the long-term care consultation program administrator	108857
serving the area in which the individual resides about the	108858
determination. The administrator shall determine whether the	108859
assisted living program is appropriate for the individual and	108860
whether the individual would rather participate in the assisted	108861
living program than continue residing in the nursing facility.	108862
If the administrator determines that the assisted living program	108863
is appropriate for the individual and the individual would	108864
rather participate in the assisted living program than continue	108865
residing in the nursing facility, the administrator shall so	108866
notify the state administrative agency.	108867

On receipt of the notice from the administrator, the state	108868
administrative agency shall approve the individual's enrollment in	108869
the assisted living program regardless of any waiting list for the	108870
assisted living program, unless the enrollment would cause the	108871
assisted living program to exceed ~~the~~any limit on the number of	108872
individuals who may participate in the program as set by ~~section~~	108873
~~5111.89 of the Revised Code~~the United States secretary of	108874
health and human services when the medicaid waiver authorizing	108875
the program is approved. Each quarter, the state administrative	108876
agency shall certify to the director of budget and management	108877
the estimated increase in costs of the assisted living program	108878
resulting from enrollment of individuals in the assisted living	108879
program pursuant to this section.	108880

~~Not later than the last day of each calendar year, the~~	108881
~~director of job and family services shall submit to the general~~	108882
~~assembly a report regarding the number of individuals enrolled in~~	108883
~~the assisted living program pursuant to this section and the costs~~	108884
~~incurred and savings achieved as a result of the enrollments.~~	108885

Sec. 5111.971. (A) As used in this section, "long-term care	108886
medicaid waiver component" means any of the following:	108887

(1) The PASSPORT program created under section 173.40 of the	108888
Revised Code;	108889

(2) The ~~medicaid waiver component called the~~ choices program	108890
~~that the department of aging administers~~created under section	108891
173.403 of the Revised Code;	108892

(3) A medicaid waiver component that the department of job	108893
and family services administers.	108894

(B) The director of job and family services shall submit a	108895
request to the United States secretary of health and human	108896
services for a waiver of federal medicaid requirements that would	108897
be otherwise violated in the creation of a pilot program under	108898
which not more than two hundred individuals who meet the pilot	108899
program's eligibility requirements specified in division (D) of	108900
this section receive a spending authorization to pay for the cost	108901
of medically necessary home and community-based services that the	108902
pilot program covers. The spending authorization shall be in an	108903
amount not exceeding seventy per cent of the average cost under	108904
the medicaid program for providing nursing facility services to an	108905
individual. An individual participating in the pilot program shall	108906
also receive necessary support services, including fiscal	108907
intermediary and other case management services, that the pilot	108908
program covers.	108909

(C) If the United States secretary of health and human	108910
services approves the waiver submitted under division (B) of this	108911
section, the department of job and family services shall enter	108912
into a contract with the department of aging under section 5111.91	108913
of the Revised Code that provides for the department of aging to	108914
administer the pilot program that the waiver authorizes.	108915

(D) To be eligible to participate in the pilot program	108916
created under division (B) of this section, an individual must	108917
meet all of the following requirements:	108918

(1) Need an intermediate level of care as determined under	108919
rule 5101:3-3-06 of the Administrative Code or a skilled level of	108920
care as determined under rule 5101:3-3-05 of the Administrative	108921
Code;	108922

(2) At the time the individual applies to participate in the	108923
pilot program, be one of the following:	108924

(a) A nursing facility resident who would remain in a nursing	108925
facility if not for the pilot program;	108926

(b) A participant of any long-term care medicaid waiver	108927
component who would move to a nursing facility if not for the	108928
pilot program.	108929

(3) Meet all other eligibility requirements for the pilot	108930
program established in rules adopted under section 5111.85 of the	108931
Revised Code.	108932

(E) The director of job and family services may adopt rules	108933
under section 5111.85 of the Revised Code as the director	108934
considers necessary to implement the pilot program created under	108935
division (B) of this section. The director of aging may adopt	108936
rules under Chapter 119. of the Revised Code as the director	108937
considers necessary for the pilot program's implementation. The	108938
rules may establish a list of medicaid-covered services not	108939
covered by the pilot program that an individual participating in	108940
the pilot program may not receive if the individual also receives	108941
medicaid-covered services outside of the pilot program.	108942

Sec. 5112.03. (A) The director of job and family services	108943
shall adopt, and may amend and rescind, rules in accordance with	108944
Chapter 119. of the Revised Code for the purpose of administering	108945
sections 5112.01 to 5112.21 of the Revised Code, including rules	108946
that do all of the following:	108947

(1) Define as a "disproportionate share hospital" any	108948
hospital included under subsection (b) of section 1923 of the	108949
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	108950
1396r-4(b), as amended, and any other hospital the director	108951
determines appropriate;	108952

(2) Prescribe the form for submission of cost reports under	108953
section 5112.04 of the Revised Code;	108954

(3) Establish, in accordance with division (A) of section	108955
5112.06 of the Revised Code, the assessment rate or rates to be	108956
applied to hospitals under that section;	108957

(4) Establish schedules for hospitals to pay installments on	108958
their assessments under section 5112.06 of the Revised Code and	108959
for governmental hospitals to pay installments on their	108960
intergovernmental transfers under section 5112.07 of the Revised	108961
Code;	108962

(5) Establish procedures to notify hospitals of adjustments	108963
made under division (B)(2)(b) of section 5112.06 of the Revised	108964
Code in the amount of installments on their assessment;	108965

(6) Establish procedures to notify hospitals of adjustments	108966
made under division (D) of section 5112.09 of the Revised Code in	108967
the total amount of their assessment and to adjust for the	108968
remainder of the program year the amount of the installments on	108969
the assessments;	108970

(7) Establish, in accordance with section 5112.08 of the	108971
Revised Code, the methodology for paying hospitals under that	108972
section.	108973

The director shall consult with hospitals when adopting the	108974
rules required by divisions (A)(4) and (5) of this section in	108975
order to minimize hospitals' cash flow difficulties.	108976

(B) Rules adopted under this section may provide that "total	108977
facility costs" excludes costs associated with any of the	108978
following:	108979

(1) Recipients of the medical assistance program;

108980

(2) Recipients of financial assistance provided under Chapter	108981
5115. of the Revised Code;	108982

(3) ~~Recipients of medical assistance provided under Chapter~~	108983
~~5115. of the Revised Code;~~	108984

~~(4)~~ Recipients of the program for medically handicapped	108985
children established under section 3701.023 of the Revised Code;	108986

~~(5)~~(4) Recipients of the medicare program established under	108987
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	108988
U.S.C.A. 301, as amended:	108989

~~(6)~~(5) Recipients of Title V of the "Social Security Act";

108990

~~(7)~~(6) Any other category of costs deemed appropriate by the	108991
director in accordance with Title XIX of the "Social Security Act"	108992
and the rules adopted under that title.	108993

Sec. 5112.08. The director of job and family services shall	108994
adopt rules under section 5112.03 of the Revised Code establishing	108995
a methodology to pay hospitals that is sufficient to expend all	108996
money in the indigent care pool. Under the rules:	108997

(A) The department of job and family services may classify	108998
similar hospitals into groups and allocate funds for distribution	108999
within each group.	109000

(B) The department shall establish a method of allocating	109001
funds to hospitals, taking into consideration the relative amount	109002
of indigent care provided by each hospital or group of hospitals.	109003
The amount to be allocated shall be based on any combination of	109004
the following indicators of indigent care that the director	109005
considers appropriate:	109006

(1) Total costs, volume, or proportion of services to	109007
recipients of the medical assistance program, including recipients	109008
enrolled in health insuring corporations;	109009

(2) Total costs, volume, or proportion of services to	109010
low-income patients in addition to recipients of the medical	109011
assistance program, which may include recipients of Title V of the	109012
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	109013
amended, and recipients of financial ~~or medical~~ assistance	109014
provided under Chapter 5115. of the Revised Code;	109015

(3) The amount of uncompensated care provided by the hospital	109016
or group of hospitals;	109017

(4) Other factors that the director considers to be	109018
appropriate indicators of indigent care.	109019

(C) The department shall distribute funds to each hospital or	109020
group of hospitals in a manner that first may provide for an	109021
additional distribution to individual hospitals that provide a	109022
high proportion of indigent care in relation to the total care	109023
provided by the hospital or in relation to other hospitals. The	109024
department shall establish a formula to distribute the remainder	109025
of the funds. The formula shall be consistent with section 1923 of	109026
the "Social Security Act," 42 U.S.C.A. 1396r-4, as amended, shall	109027
be based on any combination of the indicators of indigent care	109028
listed in division (B) of this section that the director considers	109029
appropriate.	109030

(D) The department shall distribute funds to each hospital in	109031
installments not later than ten working days after the deadline	109032
established in rules for each hospital to pay an installment on	109033
its assessment under section 5112.06 of the Revised Code. In the	109034
case of a governmental hospital that makes intergovernmental	109035
transfers, the department shall pay an installment under this	109036
section not later than ten working days after the earlier of that	109037
deadline or the deadline established in rules for the governmental	109038
hospital to pay an installment on its intergovernmental transfer.	109039
If the amount in the hospital care assurance program fund created	109040
under section 5112.18 of the Revised Code and the portion of the	109041
health care - federal fund created under section 5111.943 of the	109042
Revised Code that is credited to that fund pursuant to division	109043
(B) of section 5112.18 of the Revised Code are insufficient to	109044
make the total distributions for which hospitals are eligible to	109045
receive in any period, the department shall reduce the amount of	109046
each distribution by the percentage by which the amount and	109047
portion are insufficient. The department shall distribute to	109048
hospitals any amounts not distributed in the period in which they	109049
are due as soon as moneys are available in the funds.	109050

Sec. 5112.17. (A) As used in this section:

109051

(1) "Federal poverty guideline" means the official poverty	109052
guideline as revised annually by the United States secretary of	109053
health and human services in accordance with section 673 of the	109054
"Community Service Block Grant Act," 95 Stat. 511 (1981), 42	109055
U.S.C.A. 9902, as amended, for a family size equal to the size of	109056
the family of the person whose income is being determined.	109057

(2) "Third-party payer" means any private or public entity or	109058
program that may be liable by law or contract to make payment to	109059
or on behalf of an individual for health care services.	109060
"Third-party payer" does not include a hospital.	109061

(B) Each hospital that receives funds distributed under	109062
sections 5112.01 to 5112.21 of the Revised Code shall provide,	109063
without charge to the individual, basic, medically necessary	109064
hospital-level services to individuals who are residents of this	109065
state, are not recipients of the medical assistance program, and	109066
whose income is at or below the federal poverty guideline.	109067
Recipients of disability financial assistance ~~and recipients of~~	109068
~~disability medical assistance~~ provided under Chapter 5115. of the	109069
Revised Code qualify for services under this section. The director	109070
of job and family services shall adopt rules under section 5112.03	109071
of the Revised Code specifying the hospital services to be	109072
provided under this section.	109073

(C) Nothing in this section shall be construed to prevent a	109074
hospital from requiring an individual to apply for eligibility	109075
under the medical assistance program before the hospital processes	109076
an application under this section. Hospitals may bill any	109077
third-party payer for services rendered under this section.	109078
Hospitals may bill the medical assistance program, in accordance	109079
with Chapter 5111. of the Revised Code and the rules adopted under	109080
that chapter, for services rendered under this section if the	109081
individual becomes a recipient of the program. Hospitals may bill	109082
individuals for services under this section if all of the	109083
following apply:	109084

(1) The hospital has an established post-billing procedure	109085
for determining the individual's income and canceling the charges	109086
if the individual is found to qualify for services under this	109087
section.	109088

(2) The initial bill, and at least the first follow-up bill,	109089
is accompanied by a written statement that does all of the	109090
following:	109091

(a) Explains that individuals with income at or below the	109092
federal poverty guideline are eligible for services without	109093
charge;	109094

(b) Specifies the federal poverty guideline for individuals	109095
and families of various sizes at the time the bill is sent;	109096

(c) Describes the procedure required by division (C)(1) of	109097
this section.	109098

(3) The hospital complies with any additional rules the	109099
department adopts under section 5112.03 of the Revised Code.	109100

Notwithstanding division (B) of this section, a hospital	109101
providing care to an individual under this section is subrogated	109102
to the rights of any individual to receive compensation or	109103
benefits from any person or governmental entity for the hospital	109104
goods and services rendered.	109105

(D) Each hospital shall collect and report to the department,	109106
in the form and manner prescribed by the department, information	109107
on the number and identity of patients served pursuant to this	109108
section.	109109

(E) This section applies beginning May 22, 1992, regardless	109110
of whether the department has adopted rules specifying the	109111
services to be provided. Nothing in this section alters the scope	109112
or limits the obligation of any governmental entity or program,	109113
including the program awarding reparations to victims of crime	109114
under sections 2743.51 to 2743.72 of the Revised Code and the	109115
program for medically handicapped children established under	109116
section 3701.023 of the Revised Code, to pay for hospital services	109117
in accordance with state or local law.	109118

Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the	109119
Revised Code:	109120

(A) "Franchise permit fee rate" means the following:

109121

(1) Until August 1, 2009, eleven dollars and ninety-eight	109122
cents;	109123

(2) For the period beginning August 1, 2009, and ending June	109124
30, 2010, fourteen dollars and seventy-five cents;	109125

(3) For fiscal year 2011, thirteen dollars and fifty-five	109126
cents;	109127

(4) For fiscal year 2012 and each fiscal year thereafter, the	109128
rate used for the immediately preceding fiscal year as adjusted in	109129
accordance with the composite inflation factor established in	109130
rules adopted under section 5112.39 of the Revised Code.	109131

(B) "Intermediate care facility for the mentally retarded"	109132
has the same meaning as in section 5111.20 of the Revised Code,	109133
except that, until August 1, 2009, it does not include any such	109134
facility operated by the department of mental retardation and	109135
developmental disabilities.	109136

~~(B)~~(C) "Medicaid" has the same meaning as in section 5111.01	109137
of the Revised Code.	109138

Sec. 5112.31. The department of job and family services	109139
shall do all of the following:	109140

(A) ~~For~~Subject to division (B) of this section and for the	109141
purposes specified in sections 5112.37 and 5112.371 of the	109142
Revised Code, ~~annually~~ assess for each fiscal year each	109143
intermediate care facility for the mentally retarded a franchise	109144
permit fee equal to ~~eleven dollars and ninety-eight cents~~the	109145
franchise permit fee rate multiplied by the product of the	109146
following:	109147

(1) The number of beds certified under Title XIX of the	109148
"Social Security Act" on the first day of May of the calendar year	109149
in which the assessment is determined pursuant to division (A) of	109150
section 5112.33 of the Revised Code;	109151

(2) The following number of days:

109152

(a) For fiscal year 2010, the following:

109153

(i) For the part of fiscal year 2010 during which the	109154
franchise permit fee rate is eleven dollars and ninety-eight	109155
cents, the number of days during fiscal year 2010 during which the	109156
franchise permit fee rate is that amount;	109157

(ii) For the part of fiscal year 2010 during which the	109158
franchise permit fee rate is fourteen dollars and seventy-five	109159
cents, the number of days during fiscal year 2010 during which the	109160
franchise permit fee is that amount;	109161

(iii) For fiscal year 2011 and each fiscal year thereafter,	109162
the number of days in the fiscal year ~~beginning on the first day~~	109163
~~of July of the same calendar year~~.	109164

(B) ~~Beginning July 1, 2009, and the first day of each July~~	109165
~~thereafter, adjust fees determined under division (A) of this~~	109166
~~section in accordance with the composite inflation factor~~	109167
~~established in rules adopted under section 5112.39 of the Revised~~	109168
~~Code~~If the total amount of the franchise permit fee assessed	109169
under division (A) of this section for a fiscal year exceeds five	109170
and one-half per cent of the actual net patient revenue for all	109171
intermediate care facilities for the mentally retarded for that	109172
fiscal year, do both of the following:	109173

(1) Recalculate the assessments under division (A) of this	109174
section using a per bed per day rate equal to five and one-half	109175
per cent of actual net patient revenue for all intermediate care	109176
facilities for the mentally retarded for that fiscal year;	109177

(2) Refund the difference between the amount of the franchise	109178
permit fee assessed for that fiscal year under division (A) of	109179
this section and the amount recalculated under division (B)(1) of	109180
this section as a credit against the assessments imposed under	109181
division (A) of this section for the subsequent fiscal year.	109182

(C) If the United States secretary of health and human	109183
services determines that the franchise permit fee established by	109184
sections 5112.30 to 5112.39 of the Revised Code would be an	109185
impermissible health care-related tax under section 1903(w) of the	109186
"Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all	109187
necessary actions to cease implementation of those sections in	109188
accordance with rules adopted under section 5112.39 of the Revised	109189
Code.	109190

Sec. 5112.37. There is hereby created in the state treasury	109191
the home and community-based services for the mentally retarded	109192
and developmentally disabled fund. ~~Ninety-four~~Eighty-four and	109193
~~twenty-eight hundredths~~two tenths per cent of all installment	109194
payments and penalties paid by an intermediate care facility	109195
for the mentally retarded under sections 5112.33 and 5112.34 of	109196
the Revised Code for state fiscal year 2010 shall be deposited	109197
into the fund. Seventy-nine and twelve hundredths per cent of all	109198
installment payments and penalties paid by an intermediate care	109199
facility for the mentally retarded under sections 5112.33 and	109200
5112.34 of the Revised Code for state fiscal year 2011 and	109201
thereafter shall be deposited into the fund. The department of	109202
job and family services shall distribute the money in the fund	109203
in accordance with rules adopted under section 5112.39 of the	109204
Revised Code. The departments of job and family services and	109205
mental retardation and developmental disabilities shall use the	109206
money for the medicaid program established under Chapter 5111.	109207
of the Revised Code and home and community-based services to	109208
mentally retarded and developmentally disabled persons.	109209

Sec. 5112.371. There is hereby created in the state treasury	109210
the department of developmental disabilities operating and	109211
services fund. Fifteen and eight tenths per cent of all	109212
installment payments and penalties paid by an intermediate care	109213
facility for the mentally retarded under sections 5112.33 and	109214
5112.34 of the Revised Code for state fiscal year 2010 shall be	109215
deposited into the fund. Twenty and eighty-eight hundredths per	109216
cent of all installment payments and penalties paid by an	109217
intermediate care facility for the mentally retarded under	109218
sections 5112.33 and 5112.34 of the Revised Code for state fiscal	109219
year 2011 and thereafter shall be deposited into the fund. The	109220
money in the fund shall be used for the expenses of the programs	109221
that the department of mental retardation and developmental	109222
disabilities administers and the department's administrative	109223
expenses.	109224

Sec. 5112.39. The director of job and family services shall	109225
adopt rules in accordance with Chapter 119. of the Revised Code to	109226
do all of the following:	109227

(A) Establish a composite inflation factor ~~with which to~~	109228
~~adjust franchise permit fees under~~for the purpose of division	109229
(A)(4) of section ~~5112.31~~5112.30 of the Revised Code;	109230

(B) Prescribe the actions the department will take to cease	109231
implementation of sections 5112.30 to 5112.39 of the Revised Code	109232
if the United States secretary of health and human services	109233
determines that the franchise permit fee imposed under section	109234
5112.31 of the Revised Code is an impermissible health	109235
care-related tax under section 1903(w) of the "Social Security	109236
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396b(w), as amended;	109237

(C) Establish the method of distributing the money in the	109238
home and community-based services for the mentally retarded and	109239
developmentally disabled fund created by section 5112.37 of the	109240
Revised Code;	109241

(D) Establish any other requirements or procedures the	109242
director considers necessary to implement sections 5112.30 to	109243
5112.39 of the Revised Code.	109244

Sec. 5112.40. As used in sections 5112.40 to 5112.48 of the	109245
Revised Code:	109246

(A) "Assessment program year" means the twelve-month period	109247
beginning the first day of October of a calendar year and ending	109248
the last day of September of the following calendar year.	109249

(B) "Cost reporting period" means the period of time used by	109250
a hospital in reporting costs for purposes of the medicare	109251
program.	109252

(C) "Federal fiscal year" means the twelve-month period	109253
beginning the first day of October of a calendar year and ending	109254
the last day of September of the following calendar year.	109255

(D)(1) Except as provided in division (D)(2) of this section,	109256
"hospital" means a hospital to which any of the following	109257
applies:	109258

(a) The hospital is registered under section 3701.07 of the	109259
Revised Code as a general medical and surgical hospital or a	109260
pediatric general hospital and provides inpatient hospital	109261
services, as defined in 42 C.F.R. 440.10.	109262

(b) The hospital is recognized under the medicare program as	109263
a cancer hospital and is exempt from the medicare prospective	109264
payment system.	109265

(c) The hospital is a psychiatric hospital licensed under	109266
section 5119.20 of the Revised Code.	109267

(2) "Hospital" does not include either of the following:

109268

(a) A federal hospital;

109269

(b) A hospital that does not charge any of its patients for	109270
its services.	109271

(E) "Hospital care assurance program" means the program	109272
established under sections 5112.01 to 5112.21 of the Revised Code.	109273

(F) "Medicaid" has the same meaning as in section 5111.01 of	109274
the Revised Code.	109275

(G) "Medicare" means the program established under Title	109276
XVIII of the Social Security Act.	109277

(H) "State fiscal year" means the twelve-month period	109278
beginning the first day of July of a calendar year and ending the	109279
last day of June of the following calendar year.	109280

(I)(1) Except as provided in divisions (I)(2) and (3) of this	109281
section, "total facility costs" means the total costs to a	109282
hospital for all care provided to all patients, including the	109283
direct, indirect, and overhead costs to the hospital of all	109284
services, supplies, equipment, and capital related to the care of	109285
patients, regardless of whether patients are enrolled in a health	109286
insuring corporation.	109287

(2) "Total facility costs" excludes all of the following of a	109288
hospital's costs as shown on the cost-reporting data used for	109289
purposes of determining the hospital's assessment under section	109290
5112.41 of the Revised Code:	109291

(a) Skilled nursing services provided in distinct-part	109292
nursing facility units;	109293

(b) Home health services;

109294

109295

(d) Ambulance services;

109296

(e) Renting durable medical equipment;

109297

(f) Selling durable medical equipment.

109298

(3) "Total facility costs" excludes any costs excluded from a	109299
hospital's total facility costs pursuant to rules, if any, adopted	109300
under division (B) of section 5112.46 of the Revised Code.	109301

Sec. 5112.41. (A) For the purposes specified in section	109302
5112.45 of the Revised Code and subject to section 5112.48 of the	109303
Revised Code, there is hereby imposed an assessment on all	109304
hospitals each assessment program year. The amount of a hospital's	109305
assessment for an assessment program year shall equal, except as	109306
provided in division (D) of this section, the percentage	109307
specified in division (B) of this section of the hospital's total	109308
facility costs for the period of time specified in division (C)	109309
of this section. The amount of a hospital's total facility costs	109310
shall be derived from cost-reporting data for the hospital	109311
submitted to the department of job and family services for	109312
purposes of the hospital care assurance program. The	109313
cost-reporting data used to determine a hospital's assessment is	109314
subject to the same type of adjustments made to the data under the	109315
hospital care assurance program.	109316

(B) The percentage specified in this division is the	109317
following:	109318

(1) For the first assessment program year beginning after the	109319
effective date of this section, one and fifty-two hundredths per	109320
cent;	109321

(2) Subject to division (D) of this section, for the second	109322
assessment program year after the effective date of this section	109323
and each successive assessment program year, one and sixty-one	109324
hundredths per cent.	109325

(C) The period of time specified in this division is the	109326
hospital's cost reporting period that ends in the state fiscal	109327
year that ends in the federal fiscal year that precedes the	109328
federal fiscal year that precedes the assessment program year for	109329
which the assessment is imposed.	109330

(D) The department of job and family services shall apply to	109331
the United States secretary of health and human services for a	109332
waiver under 42 U.S.C. 1396b(w)(3)(E) to establish, for the second	109333
assessment program year after the effective date of this section	109334
and each successive assessment program year, a tiered assessment	109335
on hospitals' total facility costs instead of applying the	109336
percentage specified in division (B)(2) of this section. If the	109337
United States secretary denies the waiver, the department shall	109338
apply the percentage specified in division (B)(2) of this section	109339
for the second assessment program year after the effective date of	109340
this section and each successive assessment program year.	109341

(E) The assessment imposed by this section on a hospital is	109342
in addition to the assessment imposed by section 5112.06 of the	109343
Revised Code.	109344

Sec. 5112.42. (A) Before or during each assessment program	109345
year, the department of job and family services shall mail to each	109346
hospital by certified mail, return receipt requested, the	109347
preliminary determination of the amount that the hospital is	109348
assessed under section 5112.41 of the Revised Code for the	109349
assessment program year. Except as provided in division (B) of	109350
this section, the preliminary determination becomes the final	109351
determination for the assessment program year fifteen days after	109352
the preliminary determination is mailed to the hospital.	109353

(B) A hospital may request that the department reconsider the	109354
preliminary determination mailed to the hospital under division	109355
(A) of this section by submitting to the department a written	109356
request for a reconsideration not later than fourteen days after	109357
the hospital's preliminary determination is mailed to the	109358
hospital. The request must be accompanied by written materials	109359
setting forth the basis for the reconsideration. On receipt of the	109360
timely request, the department shall reconsider the preliminary	109361
determination and may adjust the preliminary determination on the	109362
basis of the written materials accompanying the request. The	109363
result of the reconsideration is the final determination of the	109364
hospital's assessment under section 5112.41 of the Revised Code	109365
for the assessment program year.	109366

(C) The department shall mail to each hospital a written	109367
notice of the final determination of its assessment for the	109368
assessment program year. A hospital may appeal the final	109369
determination to the court of common pleas of Franklin county.	109370
While a judicial appeal is pending, the hospital shall pay, in	109371
accordance with section 5112.43 of the Revised Code, any amount of	109372
its assessment that is not in dispute.	109373

Sec. 5112.43. Unless rules adopted under section 5112.46 of	109374
the Revised Code establish a different payment schedule, each	109375
hospital shall pay the amount it is assessed under section	109376
5112.41 of the Revised Code in accordance with the following	109377
payment schedule:	109378

(A) Twenty-eight per cent of a hospital's assessment is due	109379
on the last business day of October of each assessment program	109380
year.	109381

(B) Thirty-one per cent of a hospital's assessment is due on	109382
the last business day of February of each assessment program year.	109383

(C) Forty-one per cent of a hospital's assessment is due on	109384
the last business day of May of each assessment program year.	109385

Sec. 5112.44. The department of job and family services may	109386
audit a hospital to ensure that the hospital properly pays the	109387
amount it is assessed under section 5112.41 of the Revised Code.	109388
The department shall take action to recover from a hospital any	109389
amount the audit reveals that the hospital should have paid but	109390
did not pay.	109391

Sec. 5112.45. There is hereby created in the state treasury	109392
the hospital assessment fund. All installment payments made by	109393
hospitals under section 5112.43 of the Revised Code and all	109394
recoveries the department of job and family services makes under	109395
section 5112.44 of the Revised Code shall be deposited into the	109396
fund. All investment earnings of the fund shall be credited to the	109397
fund. The department shall use money in the fund to pay for the	109398
costs of the medicaid program, including the program's	109399
administrative costs.	109400

Sec. 5112.46. (A) The director of job and family services	109402
may adopt, amend, and rescind rules in accordance with Chapter	109403
119. of the Revised Code as necessary to implement sections	109404
5112.40 to 5112.48 of the Revised Code.	109405

(B) The rules adopted under this section may provide that a	109406
hospital's total facility costs for the purpose of the assessment	109407
under section 5112.41 of the Revised Code exclude any of the	109408
following:	109409

(1) A hospital's costs associated with providing care to	109410
recipients of any of the following:	109411

(a) The medicaid program;

109412

(b) The medicare program;

109413

(c) The disability financial assistance program established	109414
under Chapter 5115. of the Revised Code;	109415

(d) The program for medically handicapped children	109416
established under section 3701.023 of the Revised Code;	109417

(e) Services provided under the maternal and child health	109418
services block grant established under Title V of the Social	109419
Security Act.	109420

(2) Any other category of hospital costs the director deems	109421
appropriate under federal law and regulations governing the	109422
medicaid program.	109423

Sec. 5112.47. The director of job and family services shall	109424
implement the assessment imposed by section 5112.41 of the Revised	109425
Code in a manner that does not cause a reduction in federal	109426
financial participation for the medicaid program under 42 U.S.C.	109427
1396b(w).	109428

Sec. 5112.48. If the United States secretary of health and	109429
human services determines that the assessment imposed by section	109430
5112.41 of the Revised Code is an impermissible health	109431
care-related tax under 42 U.S.C. 1396b(w), the director of job and	109432
family services shall take all necessary actions to cease	109433
implementation of sections 5112.40 to 5112.47 of the Revised Code	109434
and shall promptly refund to each hospital the amount of money in	109435
the hospital assessment fund at the time the refund is to be made	109436
that the hospital paid under section 5112.43 of the Revised Code,	109437
plus any corresponding investment earnings on that amount.	109438

Sec. 5115.20. (A) The department of job and family services	109439
shall establish a disability advocacy program and each county	109440
department of job and family services shall establish a disability	109441
advocacy program unit or join with other county departments of job	109442
and family services to establish a joint county disability	109443
advocacy program unit. Through the program the department and	109444
county departments shall cooperate in efforts to assist applicants	109445
for and recipients of assistance under the disability financial	109446
assistance program ~~and the disability medical assistance program~~,	109447
who might be eligible for supplemental security income benefits	109448
under Title XVI of the "Social Security Act," 86 Stat. 1475	109449
(1972), 42 U.S.C.A. 1383, as amended, in applying for those	109450
benefits.	109451

As part of their disability advocacy programs, the state	109452
department and county departments may enter into contracts for the	109453
services of persons and government entities that in the judgment	109454
of the department or county department have demonstrated expertise	109455
in representing persons seeking supplemental security income	109456
benefits. Each contract shall require the person or entity with	109457
which a department contracts to assess each person referred to it	109458
by the department to determine whether the person appears to be	109459
eligible for supplemental security income benefits, and, if the	109460
person appears to be eligible, assist the person in applying and	109461
represent the person in any proceeding of the social security	109462
administration, including any appeal or reconsideration of a	109463
denial of benefits. The department or county department shall	109464
provide to the person or entity with which it contracts all	109465
records in its possession relevant to the application for	109466
supplemental security income benefits. The department shall	109467
require a county department with relevant records to submit them	109468
to the person or entity.	109469

(B) Each applicant for or recipient of disability financial	109470
assistance ~~or disability medical assistance~~ who, in the judgment	109471
of the department or a county department might be eligible for	109472
supplemental security benefits, shall, as a condition of	109473
eligibility for assistance, apply for such benefits if directed to	109474
do so by the department or county department.	109475

(C) With regard to applicants for and recipients of	109476
disability financial assistance ~~or disability medical assistance~~,	109477
each county department of job and family services shall do all of	109478
the following:	109479

(1) Identify applicants and recipients who might be eligible	109480
for supplemental security income benefits;	109481

(2) Assist applicants and recipients in securing	109482
documentation of disabling conditions or refer them for such	109483
assistance to a person or government entity with which the	109484
department or county department has contracted under division (A)	109485
of this section;	109486

(3) Inform applicants and recipients of available sources of	109487
representation, which may include a person or government entity	109488
with which the department or county department has contracted	109489
under division (A) of this section, and of their right to	109490
represent themselves in reconsiderations and appeals of social	109491
security administration decisions that deny them supplemental	109492
security income benefits. The county department may require the	109493
applicants and recipients, as a condition of eligibility for	109494
assistance, to pursue reconsiderations and appeals of social	109495
security administration decisions that deny them supplemental	109496
security income benefits, and shall assist applicants and	109497
recipients as necessary to obtain such benefits or refer them to a	109498
person or government entity with which the department or county	109499
department has contracted under division (A) of this section.	109500

(4) Require applicants and recipients who, in the judgment	109501
of the county department, are or may be aged, blind, or disabled,	109502
to apply for medical assistance under Chapter 5111. of the Revised	109503
Code, make determinations when appropriate as to eligibility for	109504
medical assistance, and refer their applications when necessary to	109505
the disability determination unit established in accordance with	109506
division (F) of this section for expedited review;	109507

(5) Require each applicant and recipient who in the judgment	109508
of the department or the county department might be eligible for	109509
supplemental security income benefits, as a condition of	109510
eligibility for disability financial assistance ~~or disability~~	109511
~~medical assistance~~, to execute a written authorization for the	109512
secretary of health and human services to withhold benefits due	109513
that individual and pay to the director of job and family services	109514
or the director's designee an amount sufficient to reimburse the	109515
state and county shares of interim assistance furnished to the	109516
individual. For the purposes of division (C)(5) of this section,	109517
"benefits" and "interim assistance" have the meanings given in	109518
Title XVI of the "Social Security Act."	109519

(D) The director of job and family services shall adopt rules	109520
in accordance with section 111.15 of the Revised Code for the	109521
effective administration of the disability advocacy program. The	109522
rules shall include all of the following:	109523

(1) Methods to be used in collecting information from and	109524
disseminating it to county departments, including the following:	109525

(a) The number of individuals in the county who are disabled	109526
recipients of disability financial assistance ~~or disability~~	109527
~~medical assistance~~;	109528

(b) The final decision made either by the social security	109529
administration or by a court for each application or	109530
reconsideration in which an individual was assisted pursuant to	109531
this section.	109532

(2) The type and process of training to be provided by the	109533
department of job and family services to the employees of the	109534
county department of job and family services who perform duties	109535
under this section;	109536

(3) Requirements for the written authorization required by	109537
division (C)(5) of this section.	109538

(E) The department shall provide basic and continuing	109539
training to employees of the county department of job and family	109540
services who perform duties under this section. Training shall	109541
include but not be limited to all processes necessary to obtain	109542
federal disability benefits, and methods of advocacy.	109543

(F) The department shall establish a disability determination	109544
unit and develop guidelines for expediting reviews of applications	109545
for medical assistance under Chapter 5111. of the Revised Code for	109546
persons who have been referred to the unit under division (C)(4)	109547
of this section. The department shall make determinations of	109548
eligibility for medical assistance for any such person within the	109549
time prescribed by federal regulations.	109550

(G) The department may, under rules the director of job and	109551
family services adopts in accordance with section 111.15 of the	109552
Revised Code, pay a portion of the federal reimbursement described	109553
in division (C)(5) of this section to persons or government	109554
entities that assist or represent assistance recipients in	109555
reconsiderations and appeals of social security administration	109556
decisions denying them supplemental security income benefits.	109557

(H) The director shall conduct investigations to determine	109558
whether disability advocacy programs are being administered in	109559
compliance with the Revised Code and the rules adopted by the	109560
director pursuant to this section.	109561

Sec. 5115.22. (A) If a recipient of disability financial	109562
assistance ~~or disability medical assistance~~, or an individual	109563
whose income and resources are included in determining the	109564
recipient's eligibility for the assistance, becomes possessed of	109565
resources or income in excess of the amount allowed to retain	109566
eligibility, or if other changes occur that affect the recipient's	109567
eligibility or need for assistance, the recipient shall notify the	109568
state or county department of job and family services within the	109569
time limits specified in rules adopted by the director of job and	109570
family services in accordance with section 111.15 of the Revised	109571
Code. Failure of a recipient to report possession of excess	109572
resources or income or a change affecting eligibility or need	109573
within those time limits shall be considered prima-facie evidence	109574
of intent to defraud under section 5115.23 of the Revised Code.	109575

(B) As a condition of eligibility for disability financial	109576
assistance ~~or disability medical assistance~~, and as a means of	109577
preventing or reducing the provision of assistance at public	109578
expense, each applicant for or recipient of the assistance shall	109579
make reasonable efforts to secure support from persons responsible	109580
for the applicant's or recipient's support, and from other	109581
sources, including any federal program designed to provide	109582
assistance to individuals with disabilities. The state or county	109583
department of job and family services may provide assistance to	109584
the applicant or recipient in securing other forms of financial	109585
assistance.	109586

Sec. 5115.23. As used in this section, "erroneous payments"	109587
means disability financial assistance payments ~~or disability~~	109588
~~medical assistance payments~~ made to persons who are not entitled	109589
to receive them, including payments made as a result of	109590
misrepresentation or fraud, and payments made due to an error by	109591
the recipient or by the county department of job and family	109592
services that made the payment.	109593

The department of job and family services shall adopt rules	109594
in accordance with section 111.15 of the Revised Code specifying	109595
the circumstances under which action is to be taken under this	109596
section to recover erroneous payments. The department, or a county	109597
department of job and family services at the request of the	109598
department, shall take action to recover erroneous payments in the	109599
circumstances specified in the rules. The department or county	109600
department may institute a civil action to recover erroneous	109601
payments.	109602

Whenever disability financial assistance ~~or disability~~	109603
~~medical assistance~~ has been furnished to a recipient for whose	109604
support another person is responsible, the other person shall, in	109605
addition to the liability otherwise imposed, as a consequence of	109606
failure to support the recipient, be liable for all assistance	109607
furnished the recipient. The value of the assistance so furnished	109608
may be recovered in a civil action brought by the county	109609
department of job and family services.	109610

Each county department of job and family services shall	109611
retain fifty per cent of the erroneous payments it recovers under	109612
this section. The department of job and family services shall	109613
receive the remaining fifty per cent.	109614

Sec. 5119.16. As used in this section, "free clinic" has the	109615
same meaning as in section 2305.2341 of the Revised Code.	109616

(A) The department of mental health ~~is hereby designated to~~	109617
may provide certain goods and services for the department of	109618
mental health, the department of mental retardation and	109619
developmental disabilities, the department of rehabilitation and	109620
correction, the department of youth services, and other state,	109621
county, or municipal agencies requesting such goods and services	109622
when the department of mental health determines that it is in the	109623
public interest, and considers it advisable, to provide these	109624
goods and services. The department of mental health also may	109625
provide goods and services to agencies operated by the United	109626
States government and to public or private nonprofit agencies,	109627
other than free clinics, that are funded in whole or in part by	109628
the state if the public or private nonprofit agencies are	109629
designated for participation in this program by the director of	109630
mental health for community mental health agencies, the director	109631
of mental retardation and developmental disabilities for community	109632
mental retardation and developmental disabilities agencies, the	109633
director of rehabilitation and correction for community	109634
rehabilitation and correction agencies, or the director of youth	109635
services for community youth services agencies.	109636

Designated community agencies shall receive goods and	109637
services through the department of mental health only in those	109638
cases where the designating state agency certifies that providing	109639
such goods and services to the agency will conserve public	109640
resources to the benefit of the public and where the provision of	109641
such goods and services is considered feasible by the department	109642
of mental health.	109643

(B) The department of mental health may permit free clinics	109644
to purchase certain goods and services to the extent the purchases	109645
fall within the exemption to the Robinson-Patman Act, 15 U.S.C. 13	109646
et seq., applicable to ~~non-profit~~nonprofit institutions, in 15	109647
U.S.C. 13c, as amended.	109648

(C) The goods and services tothat may be provided by the	109649
department of mental health under divisions (A) and (B) of this	109650
section may include:	109651

(1) Procurement, storage, processing, and distribution of	109652
food and professional consultation on food operations;	109653

(2) Procurement, storage, and distribution of medical and	109654
laboratory supplies, dental supplies, medical records, forms,	109655
optical supplies, and sundries, subject to section 5120.135 of the	109656
Revised Code;	109657

(3) Procurement, storage, repackaging, distribution, and	109658
dispensing of drugs, the provision of professional pharmacy	109659
consultation, and drug information services;	109660

(4) Other goods and services ~~as may be agreed to~~.

109661

(D) The department of mental health ~~shall~~may provide the	109662
goods and services designated in division (C) of this section to	109663
its institutions and to state-operated community-based mental	109664
health services.	109665

(E) After consultation with and advice from the director of	109666
mental retardation and developmental disabilities, the director of	109667
rehabilitation and correction, and the director of youth services,	109668
the department of mental health ~~shall~~may provide the goods and	109669
services designated in division (C) of this section to the	109670
department of mental retardation and developmental disabilities,	109671
the department of rehabilitation and correction, and the	109672
department of youth services.	109673

(F) The cost of administration of this section shall be	109674
determined by the department of mental health and paid by the	109675
agencies or free clinics receiving the goods and services to the	109676
department for deposit in the state treasury to the credit of the	109677
mental health fund, which is hereby created. The fund shall be	109678
used to pay the cost of administration of this section to the	109679
department.	109680

(G) ~~If the goods or services designated in division (C) of~~	109681
~~this section are not provided in a satisfactory manner by the~~	109682
~~department of mental health to the agencies described in division~~	109683
~~(A) of this section, the director of mental retardation and~~	109684
~~developmental disabilities, the director of rehabilitation and~~	109685
~~correction, the director of youth services, or the managing~~	109686
~~officer of a department of mental health institution shall attempt~~	109687
~~to resolve unsatisfactory service with the director of mental~~	109688
~~health. If, after such attempt, the provision of goods or services~~	109689
~~continues to be unsatisfactory, the director or officer shall~~	109690
~~notify the director of mental health. If within thirty days of~~	109691
~~such notice the department of mental health does not provide the~~	109692
~~specified goods and services in a satisfactory manner, the~~	109693
~~director of mental retardation and developmental disabilities, the~~	109694
~~director of rehabilitation and correction, the director of youth~~	109695
~~services, or the managing officer of the department of mental~~	109696
~~health institution shall notify the director of mental health of~~	109697
~~the director's or managing officer's intent to cease purchasing~~	109698
~~goods and services from the department. Following a sixty-day~~	109699
~~cancellation period from the date of such notice, the department~~	109700
~~of mental retardation, department of rehabilitation and~~	109701
~~correction, department of youth services, or the department of~~	109702
~~mental health institution may obtain the goods and services from a~~	109703
~~source other than the department of mental health, if the~~	109704
~~department certifies to the department of administrative services~~	109705
~~that the requirements of this division have been met.~~	109706

~~(H)~~ Whenever a state agency fails to make a payment for goods	109707
and services provided under this section within thirty-one days	109708
after the date the payment was due, the office of budget and	109709
management may transfer moneys from the state agency to the	109710
department of mental health. The amount transferred shall not	109711
exceed the amount of overdue payments. Prior to making a transfer	109712
under this division, the office of budget and management shall	109713
apply any credits the state agency has accumulated in payments for	109714
goods and services provided under this section.	109715

~~(I)~~(H) Purchases of goods and services under this section are	109716
not subject to section 307.86 of the Revised Code.	109717

Sec. 5119.61. Any provision in this chapter that refers to a	109718
board of alcohol, drug addiction, and mental health services also	109719
refers to the community mental health board in an alcohol, drug	109720
addiction, and mental health service district that has a community	109721
mental health board.	109722

The director of mental health with respect to all facilities	109723
and programs established and operated under Chapter 340. of the	109724
Revised Code for mentally ill and emotionally disturbed persons,	109725
shall do all of the following:	109726

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	109727
that may be necessary to carry out the purposes of Chapter 340.	109728
and sections 5119.61 to 5119.63 of the Revised Code.	109729

(1) The rules shall include all of the following:

109730

(a) Rules governing a community mental health agency's	109731
services under section 340.091 of the Revised Code to an	109732
individual referred to the agency under division (C)(2) of section	109733
173.35 of the Revised Code;	109734

(b) For the purpose of division (A)(16) of section 340.03 of	109735
the Revised Code, rules governing the duties of mental health	109736
agencies and boards of alcohol, drug addiction, and mental health	109737
services under section 3722.18 of the Revised Code regarding	109738
referrals of individuals with mental illness or severe mental	109739
disability to adult care facilities and effective arrangements for	109740
ongoing mental health services for the individuals. The rules	109741
shall do at least the following:	109742

(i) Provide for agencies and boards to participate fully in	109743
the procedures owners and managers of adult care facilities must	109744
follow under division (A)~~(2)~~ of section 3722.18 of the Revised	109745
Code;	109746

(ii) Specify the manner in which boards are accountable for	109747
ensuring that ongoing mental health services are effectively	109748
arranged for individuals with mental illness or severe mental	109749
disability who are referred by the board or mental health agency	109750
under contract with the board to an adult care facility.	109751

(c) Rules governing a board of alcohol, drug addiction, and	109752
mental health services when making a report to the director of	109753
health under section 3722.17 of the Revised Code regarding the	109754
quality of care and services provided by an adult care facility to	109755
a person with mental illness or a severe mental disability.	109756

(2) Rules may be adopted to govern the method of paying a	109757
community mental health facility, as defined in section 5111.023	109758
of the Revised Code, for providing services listed in division (B)	109759
of that section. Such rules must be consistent with the contract	109760
entered into between the departments of job and family services	109761
and mental health under section 5111.91 of the Revised Code and	109762
include requirements ensuring appropriate service utilization.	109763

(B) Review and evaluate, and, taking into account the	109764
findings and recommendations of the board of alcohol, drug	109765
addiction, and mental health services of the district served by	109766
the program and the requirements and priorities of the state	109767
mental health plan, including the needs of residents of the	109768
district now residing in state mental institutions, approve and	109769
allocate funds to support community programs, and make	109770
recommendations for needed improvements to boards of alcohol, drug	109771
addiction, and mental health services;	109772

(C) Withhold state and federal funds for any program, in	109773
whole or in part, from a board of alcohol, drug addiction, and	109774
mental health services in the event of failure of that program to	109775
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,	109776
or 5119.62 of the Revised Code or rules of the department of	109777
mental health. The director shall identify the areas of	109778
noncompliance and the action necessary to achieve compliance. The	109779
director shall offer technical assistance to the board to achieve	109780
compliance. The director shall give the board a reasonable time	109781
within which to comply or to present its position that it is in	109782
compliance. Before withholding funds, a hearing shall be conducted	109783
to determine if there are continuing violations and that either	109784
assistance is rejected or the board is unable to achieve	109785
compliance. Subsequent to the hearing process, if it is determined	109786
that compliance has not been achieved, the director may allocate	109787
all or part of the withheld funds to a public or private agency to	109788
provide the services not in compliance until the time that there	109789
is compliance. The director shall establish rules pursuant to	109790
Chapter 119. of the Revised Code to implement this division.	109791

(D) Withhold state or federal funds from a board of alcohol,	109792
drug addiction, and mental health services that denies available	109793
service on the basis of religion, race, color, creed, sex,	109794
national origin, age, disability as defined in section 4112.01 of	109795
the Revised Code, developmental disability, or the inability to	109796
pay;	109797

(E) Provide consultative services to community mental health	109798
agencies with the knowledge and cooperation of the board of	109799
alcohol, drug addiction, and mental health services;	109800

(F) Provide to boards of alcohol, drug addiction, and mental	109801
health services state or federal funds, in addition to those	109802
allocated under section 5119.62 of the Revised Code, for special	109803
programs or projects the director considers necessary but for	109804
which local funds are not available;	109805

(G) Establish criteria by which a board of alcohol, drug	109806
addiction, and mental health services reviews and evaluates the	109807
quality, effectiveness, and efficiency of services provided	109808
through its community mental health plan. The criteria shall	109809
include requirements ensuring appropriate service utilization. The	109810
department shall assess a board's evaluation of services and the	109811
compliance of each board with this section, Chapter 340. or	109812
section 5119.62 of the Revised Code, and other state or federal	109813
law and regulations. The department, in cooperation with the	109814
board, periodically shall review and evaluate the quality,	109815
effectiveness, and efficiency of services provided through each	109816
board. The department shall collect information that is necessary	109817
to perform these functions.	109818

(H) Develop and operate a community mental health information	109819
system or systems.	109820

Boards of alcohol, drug abuse, and mental health services	109821
shall submit information requested by the department in the form	109822
and manner prescribed by the department. Information collected by	109823
the department shall include, but not be limited to, all of the	109824
following:	109825

(1) Information regarding units of services provided in whole	109826
or in part under contract with a board, including diagnosis and	109827
special needs, demographic information, the number of units of	109828
service provided, past treatment, financial status, and service	109829
dates in accordance with rules adopted by the department in	109830
accordance with Chapter 119. of the Revised Code;	109831

(2) Financial information other than price or price-related	109832
data regarding expenditures of boards and community mental health	109833
agencies, including units of service provided, budgeted and actual	109834
expenses by type, and sources of funds.	109835

Boards shall submit the information specified in division	109836
(H)(1) of this section no less frequently than annually for each	109837
client, and each time the client's case is opened or closed. The	109838
department shall not collect any personal information ~~for the~~	109839
~~purpose of identifying by name any person who receives a service~~	109840
~~through a board of alcohol, drug addiction, and mental health~~	109841
~~services,~~from the boards except as required or permitted by state	109842
or federal law ~~to validate appropriate reimbursement. For the~~	109843
~~purposes of division (H)(1) of this section, the department shall~~	109844
~~use an identification system that is consistent with applicable~~	109845
~~nationally recognized standards~~for purposes related to payment,	109846
health care operations, program and service evaluation, reporting	109847
activities, research, system administration, and oversight.	109848

(I) Review each board's community mental health plan	109849
submitted pursuant to section 340.03 of the Revised Code and	109850
approve or disapprove it in whole or in part. Periodically, in	109851
consultation with representatives of boards and after considering	109852
the recommendations of the medical director, the director shall	109853
issue criteria for determining when a plan is complete, criteria	109854
for plan approval or disapproval, and provisions for conditional	109855
approval. The factors that the director considers may include, but	109856
are not limited to, the following:	109857

(1) The mental health needs of all persons residing within	109858
the board's service district, especially severely mentally	109859
disabled children, adolescents, and adults;	109860

(2) The demonstrated quality, effectiveness, efficiency, and	109861
cultural relevance of the services provided in each service	109862
district, the extent to which any services are duplicative of	109863
other available services, and whether the services meet the needs	109864
identified above;	109865

(3) The adequacy of the board's accounting for the	109866
expenditure of funds.	109867

If the director disapproves all or part of any plan, the	109868
director shall provide the board an opportunity to present its	109869
position. The director shall inform the board of the reasons for	109870
the disapproval and of the criteria that must be met before the	109871
plan may be approved. The director shall give the board a	109872
reasonable time within which to meet the criteria, and shall offer	109873
technical assistance to the board to help it meet the criteria.	109874

If the approval of a plan remains in dispute thirty days	109875
prior to the conclusion of the fiscal year in which the board's	109876
current plan is scheduled to expire, the board or the director may	109877
request that the dispute be submitted to a mutually agreed upon	109878
third-party mediator with the cost to be shared by the board and	109879
the department. The mediator shall issue to the board and the	109880
department recommendations for resolution of the dispute. Prior to	109881
the conclusion of the fiscal year in which the current plan is	109882
scheduled to expire, the director, taking into consideration the	109883
recommendations of the mediator, shall make a final determination	109884
and approve or disapprove the plan, in whole or in part.	109885

Sec. 5119.613. For purposes of Chapter 3722. of the Revised	109886
Code, the director of mental health shall approve a standardized	109887
form to be used in all areas of this state by adult care	109888
facilities and boards of alcohol, drug addiction, and mental	109889
health services when entering into mental health resident program	109890
participation agreements. As part of approving the form, the	109891
director shall specify the requirements that adult care facilities	109892
must meet in order to be authorized to admit residents who are	109893
receiving or are eligible for publicly funded mental health	109894
services.	109895

Sec. 5119.621. (A) As used in this section, "administrative	109896
function" means a function related to one or more of the	109897
following:	109898

(1) Continuous quality improvement;

109899

(2) Utilization review;

109900

(3) Resource development;

109901

(4) Fiscal administration;

109902

(5) General administration;

109903

(6) Any other function related to administration that is	109904
required by Chapter 340. of the Revised Code.	109905

(B) Each board of alcohol, drug addiction, and mental health	109906
services shall submit an annual report to the department of mental	109907
health specifying how the board used state and federal funds	109908
allocated to the board, according to the formula the director of	109909
mental health establishes under section 5119.62 of the Revised	109910
Code, for administrative functions in the year preceding the	109911
report's submission. The director of mental health shall establish	109912
the date by which the report must be submitted each year.	109913

Sec. 5120.032. (A) No later than January 1, 1998, the	109914
department of rehabilitation and correction ~~shall~~may develop and	109915
implement intensive program prisons for male and female prisoners	109916
other than prisoners described in division (B)(2) of this section.	109917
The intensive program prisons, if developed and implemented, shall	109918
include institutions at which imprisonment of the type described	109919
in division (B)(2)(a) of section 5120.031 of the Revised Code is	109920
provided and prisons that focus on educational achievement,	109921
vocational training, alcohol and other drug abuse treatment,	109922
community service and conservation work, and other intensive	109923
regimens or combinations of intensive regimens.	109924

(B)(1)(a) Except as provided in division (B)(2) of this	109925
section, if one or more intensive program prisons are established	109926
under this section, if an offender is sentenced to a term of	109927
imprisonment under the custody of the department, if the	109928
sentencing court either recommends the prisoner for placement in	109929
~~the~~an intensive program prison under this section or makes no	109930
recommendation on placement of the prisoner, and if the department	109931
determines that the prisoner is eligible for placement in an	109932
intensive program prison under this section, the department may	109933
place the prisoner in an intensive program prison established	109934
pursuant to division (A) of this section. If the sentencing court	109935
disapproves placement of the prisoner in an intensive program	109936
prison, the department shall not place the prisoner in any	109937
intensive program prison.	109938

If the sentencing court recommends a prisoner for placement	109939
in an intensive program prison and if the department subsequently	109940
places the prisoner in the recommended prison, the department	109941
shall notify the court of the prisoner's placement in the	109942
recommended intensive program prison and shall include with the	109943
notice a brief description of the placement.	109944

If the sentencing court recommends placement of a prisoner in	109945
an intensive program prison and the department for any reason does	109946
not subsequently place the prisoner in the recommended prison, the	109947
department shall send a notice to the court indicating why the	109948
prisoner was not placed in the recommended prison.	109949

If the sentencing court does not make a recommendation on the	109950
placement of a prisoner in an intensive program prison and if the	109951
department determines that the prisoner is eligible for placement	109952
in a prison of that nature, the department shall screen the	109953
prisoner and determine if the prisoner is suited for the prison.	109954
If the prisoner is suited for ~~the~~an intensive program prison, at	109955
least three weeks prior to placing the prisoner in the prison, the	109956
department shall notify the sentencing court of the proposed	109957
placement of the prisoner in the intensive program prison and	109958
shall include with the notice a brief description of the	109959
placement. The court shall have ten days from receipt of the	109960
notice to disapprove the placement. If the sentencing court	109961
disapproves the placement, the department shall not proceed with	109962
it. If the sentencing court does not timely disapprove of the	109963
placement, the department may proceed with plans for it.	109964

If the department determines that a prisoner is not eligible	109965
for placement in an intensive program prison, the department shall	109966
not place the prisoner in any intensive program prison.	109967

(b) The department may reduce the stated prison term of a	109968
prisoner upon the prisoner's successful completion of a ninety-day	109969
period in an intensive program prison. A prisoner whose term has	109970
been so reduced shall be required to serve an intermediate,	109971
transitional type of detention followed by a release under	109972
post-release control sanctions or, in the alternative, shall be	109973
placed under post-release control sanctions, as described in	109974
division (B)(2)(b)(ii) of section 5120.031 of the Revised Code. In	109975
either case, the placement under post-release control sanctions	109976
shall be under terms set by the parole board in accordance with	109977
section 2967.28 of the Revised Code and shall be subject to the	109978
provisions of that section and section 2929.141 of the Revised	109979
Code with respect to a violation of any post-release control	109980
sanction.	109981

(2) A prisoner who is in any of the following categories is	109982
not eligible to participate in an intensive program prison	109983
established pursuant to division (A) of this section:	109984

(a) The prisoner is serving a prison term for aggravated	109985
murder, murder, or a felony of the first or second degree or a	109986
comparable offense under the law in effect prior to July 1, 1996,	109987
or the prisoner previously has been imprisoned for aggravated	109988
murder, murder, or a felony of the first or second degree or a	109989
comparable offense under the law in effect prior to July 1, 1996.	109990

(b) The prisoner is serving a mandatory prison term, as	109991
defined in section 2929.01 of the Revised Code.	109992

(c) The prisoner is serving a prison term for a felony of the	109993
third, fourth, or fifth degree that either is a sex offense, an	109994
offense betraying public trust, or an offense in which the	109995
prisoner caused or attempted to cause actual physical harm to a	109996
person, the prisoner is serving a prison term for a comparable	109997
offense under the law in effect prior to July 1, 1996, or the	109998
prisoner previously has been imprisoned for an offense of that	109999
type or a comparable offense under the law in effect prior to July	110000
1, 1996.	110001

(d) The prisoner is serving a mandatory prison term in prison	110002
for a third or fourth degree felony OVI offense, as defined in	110003
section 2929.01 of the Revised Code, that was imposed pursuant to	110004
division (G)(2) of section 2929.13 of the Revised Code.	110005

(C) Upon the implementation of intensive program prisons	110006
pursuant to division (A) of this section, the department at all	110007
times shall maintain intensive program prisons sufficient in	110008
number to reduce the prison terms of at least three hundred fifty	110009
prisoners who are eligible for reduction of their stated prison	110010
terms as a result of their completion of a regimen in an intensive	110011
program prison under this section.	110012

Sec. 5120.033. (A) As used in this section, "third degree	110013
felony OVI offense" and "fourth degree felony OVI offense" have	110014
the same meanings as in section 2929.01 of the Revised Code.	110015

(B) Within eighteen months after October 17, 1996, the	110016
department of rehabilitation and correction ~~shall~~may develop and	110017
implement intensive program prisons for male and female prisoners	110018
who are sentenced pursuant to division (G)(2) of section 2929.13	110019
of the Revised Code to a mandatory prison term for a third or	110020
fourth degree felony OVI offense. ~~The~~If one or more intensive	110021
program prisons are established under this section, the department	110022
~~shall~~may contract pursuant to section 9.06 of the Revised Code	110023
for the private operation and management of the initial intensive	110024
program prison established under this section and may contract	110025
pursuant to that section for the private operation and management	110026
of any other intensive program prison established under this	110027
section. The intensive program prisons, if established under this	110028
section, shall include prisons that focus on educational	110029
achievement, vocational training, alcohol and other drug abuse	110030
treatment, community service and conservation work, and other	110031
intensive regimens or combinations of intensive regimens.	110032

(C) Except as provided in division (D) of this section, the	110033
department may place a prisoner who is sentenced to a mandatory	110034
prison term for a third or fourth degree felony OVI offense in an	110035
intensive program prison established pursuant to division (B) of	110036
this section if the sentencing judge, upon notification by the	110037
department of its intent to place the prisoner in an intensive	110038
program prison, does not notify the department that the judge	110039
disapproves the placement. If the stated prison term imposed on a	110040
prisoner who is so placed is longer than the mandatory prison term	110041
that is required to be imposed on the prisoner, the department may	110042
reduce the stated prison term upon the prisoner's successful	110043
completion of the prisoner's mandatory prison term in an intensive	110044
program prison. A prisoner whose term has been so reduced shall be	110045
required to serve an intermediate, transitional type of detention	110046
followed by a release under post-release control sanctions or, in	110047
the alternative, shall be placed under post-release control	110048
sanctions, as described in division (B)(2)(b)(ii) of section	110049
5120.031 of the Revised Code. In either case, the placement under	110050
post-release control sanctions shall be under terms set by the	110051
parole board in accordance with section 2967.28 of the Revised	110052
Code and shall be subject to the provisions of that section and	110053
section 2929.141 of the Revised Code with respect to a violation	110054
of any post-release control sanction. ~~Upon the establishment of~~	110055
~~the initial~~If one or more intensive program ~~prison~~prisons are	110056
established pursuant to division (B) of this section ~~that is~~and	110057
if as described in that division the initial intensive program	110058
prison is to be privately operated and managed by a contractor	110059
pursuant to a contract the department entered into under section	110060
9.06 of the Revised Code, upon the establishment of that initial	110061
intensive program prison the department shall comply with	110062
divisions (G)(2)(a) and (b) of section 2929.13 of the Revised Code	110063
in placing prisoners in intensive program prisons under this	110064
section.	110065

(D) A prisoner who is sentenced to a mandatory prison term	110066
for a third or fourth degree felony OVI offense is not eligible to	110067
participate in an intensive program prison established under	110068
division (B) of this section if any of the following applies	110069
regarding the prisoner:	110070

(1) In addition to the mandatory prison term for the third or	110071
fourth degree felony OVI offense, the prisoner also is serving a	110072
prison term of a type described in division (B)(2)(a), (b), or (c)	110073
of section 5120.032 of the Revised Code.	110074

(2) The prisoner previously has been imprisoned for an	110075
offense of a type described in division (B)(2)(a) or (c) of	110076
section 5120.032 of the Revised Code or a comparable offense under	110077
the law in effect prior to July 1, 1996.	110078

(E) Intensive program prisons established under division (B)	110079
of this section are not subject to section 5120.032 of the Revised	110080
Code.	110081

Sec. 5120.09. Under the supervision and control of the	110082
director of rehabilitation and correction, the division of	110083
business administration shall do all of the following:	110084

(A) Submit the budgets for the several divisions of the	110085
department of rehabilitation and correction, as prepared by the	110086
respective chiefs of those divisions, to the director. The	110087
director, with the assistance of the chief of the division of	110088
business administration, shall compile a departmental budget that	110089
contains all proposals submitted by the chiefs of the divisions	110090
and shall forward the departmental budget to the governor with	110091
comments and recommendations that the director considers	110092
necessary.	110093

(B) Maintain accounts and records and compile statistics that	110094
the director prescribes;	110095

(C) Under the control of the director, coordinate and make	110096
the necessary purchases and requisitions for the department and	110097
its divisions, except ~~as provided under~~when goods and services	110098
are provided to the department as described in section 5119.16 of	110099
the Revised Code;	110100

(D) Administer within this state federal criminal justice	110101
acts that the governor requires the department to administer. In	110102
order to improve the criminal justice system of this state, the	110103
division of business administration shall apply for, allocate,	110104
disburse, and account for grants that are made available pursuant	110105
to those federal criminal justice acts and grants that are made	110106
available from other federal government sources, state government	110107
sources, or private sources. As used in this division, "criminal	110108
justice system" and "federal criminal justice acts" have the same	110109
meanings as in section 5502.61 of the Revised Code.	110110

(E) Audit the activities of governmental entities, persons as	110111
defined in section 1.59 of the Revised Code, and other types of	110112
nongovernmental entities that are financed in whole or in part by	110113
funds that the department allocates or disburses and that are	110114
derived from grants described in division (D) of this section;	110115

(F) Enter into contracts, including contracts with federal,	110116
state, or local governmental entities, persons as defined in	110117
section 1.59 of the Revised Code, foundations, and other types of	110118
nongovernmental entities, that are necessary for the department to	110119
carry out its duties and that neither the director nor another	110120
section of the Revised Code authorizes another division of the	110121
department to enter;	110122

(G) Exercise other powers and perform other duties that the	110123
director may assign to the division of business administration.	110124

Sec. 5122.31. (A) All certificates, applications, records,	110125
and reports made for the purpose of this chapter and sections	110126
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	110127
Code, other than court journal entries or court docket entries,	110128
and directly or indirectly identifying a patient or former patient	110129
or person whose hospitalization has been sought under this	110130
chapter, shall be kept confidential and shall not be disclosed by	110131
any person except:	110132

(1) If the person identified, or the person's legal guardian,	110133
if any, or if the person is a minor, the person's parent or legal	110134
guardian, consents, and if the disclosure is in the best interests	110135
of the person, as may be determined by the court for judicial	110136
records and by the chief clinical officer for medical records;	110137

(2) When disclosure is provided for in this chapter or	110138
section 5123.60 of the Revised Code;	110139

(3) That hospitals, boards of alcohol, drug addiction, and	110140
mental health services, and community mental health agencies may	110141
release necessary medical information to insurers and other	110142
third-party payers, including government entities responsible for	110143
processing and authorizing payment, to obtain payment for goods	110144
and services furnished to the patient;	110145

(4) Pursuant to a court order signed by a judge;

110146

(5) That a patient shall be granted access to the patient's	110147
own psychiatric and medical records, unless access specifically is	110148
restricted in a patient's treatment plan for clear treatment	110149
reasons;	110150

(6) That hospitals and other institutions and facilities	110151
within the department of mental health may exchange psychiatric	110152
records and other pertinent information with other hospitals,	110153
institutions, and facilities of the department, and with community	110154
mental health agencies and boards of alcohol, drug addiction, and	110155
mental health services with which the department has a current	110156
agreement for patient care or services. Records and information	110157
that may be released pursuant to this division shall be limited to	110158
medication history, physical health status and history, financial	110159
status, summary of course of treatment in the hospital, summary of	110160
treatment needs, and a discharge summary, if any.	110161

(7) That hospitals within the department, other institutions	110162
and facilities within the department, and community mental health	110163
agencies may exchange psychiatric records and other pertinent	110164
information with other providers of treatment and health services	110165
if the purpose of the exchange is to facilitate continuity of care	110166
for a patient;	110167

(8) That a patient's family member who is involved in the	110168
provision, planning, and monitoring of services to the patient may	110169
receive medication information, a summary of the patient's	110170
diagnosis and prognosis, and a list of the services and personnel	110171
available to assist the patient and the patient's family, if the	110172
patient's treating physician determines that the disclosure would	110173
be in the best interests of the patient. No such disclosure shall	110174
be made unless the patient is notified first and receives the	110175
information and does not object to the disclosure.	110176

~~(8)~~(9) That community mental health agencies may exchange	110177
psychiatric records and certain other information with the board	110178
of alcohol, drug addiction, and mental health services and other	110179
agencies in order to provide services to a person involuntarily	110180
committed to a board. Release of records under this division shall	110181
be limited to medication history, physical health status and	110182
history, financial status, summary of course of treatment, summary	110183
of treatment needs, and discharge summary, if any.	110184

~~(9)~~ (10) That information may be disclosed to the executor or	110185
the administrator of an estate of a deceased patient when the	110186
information is necessary to administer the estate;	110187

~~(10)~~(11) That records in the possession of the Ohio	110188
historical society may be released to the closest living relative	110189
of a deceased patient upon request of that relative;	110190

~~(11)~~(12) That information may be disclosed to staff members	110191
of the appropriate board or to staff members designated by the	110192
director of mental health for the purpose of evaluating the	110193
quality, effectiveness, and efficiency of services and determining	110194
if the services meet minimum standards. Information obtained	110195
during such evaluations shall not be retained with the name of any	110196
patient.	110197

~~(12)~~(13) That records pertaining to the patient's diagnosis,	110198
course of treatment, treatment needs, and prognosis shall be	110199
disclosed and released to the appropriate prosecuting attorney if	110200
the patient was committed pursuant to section 2945.38, 2945.39,	110201
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	110202
attorney designated by the board for proceedings pursuant to	110203
involuntary commitment under this chapter.	110204

~~(13)~~(14) That the department of mental health may exchange	110205
psychiatric hospitalization records, other mental health treatment	110206
records, and other pertinent information with the department of	110207
rehabilitation and correction to ensure continuity of care for	110208
inmates who are receiving mental health services in an institution	110209
of the department of rehabilitation and correction. The department	110210
shall not disclose those records unless the inmate is notified,	110211
receives the information, and does not object to the disclosure.	110212
The release of records under this division is limited to records	110213
regarding an inmate's medication history, physical health status	110214
and history, summary of course of treatment, summary of treatment	110215
needs, and a discharge summary, if any.	110216

~~(14)~~(15) That a community mental health agency that ceases	110217
to operate may transfer to either a community mental health agency	110218
that assumes its caseload or to the board of alcohol, drug	110219
addiction, and mental health services of the service district in	110220
which the patient resided at the time services were most recently	110221
provided any treatment records that have not been transferred	110222
elsewhere at the patient's request.	110223

(B) Before records are disclosed pursuant to divisions	110224
(A)(3), (6), (7), and ~~(8)~~(9) of this section, the custodian of the	110225
records shall attempt to obtain the patient's consent for the	110226
disclosure. No person shall reveal the contents of a medical	110227
record of a patient except as authorized by law.	110228

(C) The managing officer of a hospital who releases necessary	110229
medical information under division (A)(3) of this section to allow	110230
an insurance carrier or other third party payor to comply with	110231
section 5121.43 of the Revised Code shall neither be subject to	110232
criminal nor civil liability.	110233

Sec. 5123.049. The director of mental retardation and	110234
developmental disabilities shall adopt rules in accordance with	110235
Chapter 119. of the Revised Code governing the authorization and	110236
payment of home and community-based services and medicaid case	110237
management services. The rules shall provide for private providers	110238
of the services to receive one hundred per cent of the medicaid	110239
allowable payment amount and for government providers of the	110240
services to receive the federal share of the medicaid allowable	110241
payment, less the amount withheld as a fee under section 5123.0412	110242
of the Revised Code ~~and any amount that may be required by rules~~	110243
~~adopted under section 5123.0413 of the Revised Code to be~~	110244
~~deposited into the state MR/DD risk fund~~. The rules shall	110245
establish the process by which county boards of mental retardation	110246
and developmental disabilities shall certify and provide the	110247
nonfederal share of medicaid expenditures that the county board is	110248
required by sections 5126.059 and 5126.0510 of the Revised Code	110249
to pay. The process shall require a county board to certify that	110250
the county board has funding available at one time for two months	110251
costs for those expenditures. The process may permit a county	110252
board to certify that the county board has funding available at	110253
one time for more than two months costs for those expenditures.	110254

Sec. 5123.0412. (A) The department of mental retardation and	110255
developmental disabilities shall charge each county board of	110256
mental retardation and developmental disabilities an annual fee	110257
equal to one and one-half per cent of the total value of all	110258
medicaid paid claims for home and community-based services	110259
provided during the year to an individual eligible for services	110260
from the county board. No county board shall pass the cost of a	110261
fee charged to the county board under this section on to another	110262
provider of these services.	110263

(B) The fees collected under this section shall be deposited	110264
into the ODMR/DD administration and oversight fund and the ODJFS	110265
administration and oversight fund, both of which are hereby	110266
created in the state treasury. The portion of the fees to be	110267
deposited into the ODMR/DD administration and oversight fund and	110268
the portion of the fees to be deposited into the ODJFS	110269
administration and oversight fund shall be the portion specified	110270
in an interagency agreement entered into under division (C) of	110271
this section. The department of mental retardation and	110272
developmental disabilities shall use the money in the ODMR/DD	110273
administration and oversight fund and the department of job and	110274
family services shall use the money in the ODJFS administration	110275
and oversight fund for both of the following purposes:	110276

(1) ~~The~~Medicaid administrative costs, including	110277
administrative and oversight costs of medicaid case management	110278
services and home and community-based services. The	110279
administrative and oversight costs of medicaid case management	110280
services and home and community-based services shall include costs	110281
for staff, systems, and other resources the departments need and	110282
dedicate solely to the following duties associated with the	110283
services:	110284

(a) Eligibility determinations;

110285

(b) Training;

110286

110287

(d) Claims processing;

110288

(e) Quality assurance oversight;

110289

(f) Other duties the departments identify.

110290

(2) Providing technical support to county boards' local	110291
administrative authority under section 5126.055 of the Revised	110292
Code for the services.	110293

(C) The departments of mental retardation and developmental	110294
disabilities and job and family services shall enter into an	110295
interagency agreement to do both of the following:	110296

(1) Specify which portion of the fees collected under this	110297
section is to be deposited into the ODMR/DD administration and	110298
oversight fund and which portion is to be deposited into the ODJFS	110299
administration and oversight fund;	110300

(2) Provide for the departments to coordinate the staff whose	110301
costs are paid for with money in the ODMR/DD administration and	110302
oversight fund and the ODJFS administration and oversight fund.	110303

(D) The departments shall submit an annual report to the	110304
director of budget and management certifying how the departments	110305
spent the money in the ODMR/DD administration and oversight fund	110306
and the ODJFS administration and oversight fund for the purposes	110307
specified in division (B) of this section.	110308

Sec. 5123.0413. ~~(A)~~ The department of mental retardation and	110309
developmental disabilities, in consultation with the department of	110310
job and family services, office of budget and management, and	110311
county boards of mental retardation and developmental	110312
disabilities, shall adopt rules in accordance with Chapter 119. of	110313
the Revised Code ~~no later than January 1, 2002, establishing a~~	110314
~~method of paying for extraordinary costs, including extraordinary~~	110315
~~costs for services to individuals with mental retardation or other~~	110316
~~developmental disability, and ensure the availability of adequate~~	110317
~~funds~~to establish both of the following in the event a county	110318
property tax levy for services for individuals with mental	110319
retardation or other developmental disability fails~~. The rules may~~	110320
~~provide for using and managing either or both of the following:~~	110321

~~(1) A state MR/DD risk fund, which is hereby created in the~~	110322
~~state treasury;~~	110323

~~(2) A state insurance against MR/DD risk fund, which is~~	110324
~~hereby created in the state treasury.~~	110325

~~(B) Beginning January 1, 2002, the department of job and~~	110326
~~family services may not request approval from the United States~~	110327
~~secretary of health and human services to increase the number of~~	110328
~~slots for home and community-based services until the rules~~	110329
~~required by division (A) of this section are in effect~~:	110330

(A) A method of paying for home and community-based services;

110331

(B) A method of reducing the number of individuals a county	110332
board would otherwise be required by section 5126.0512 of the	110333
Revised Code to ensure are enrolled in a medicaid waiver component	110334
under which home and community-based services are provided.	110335

Sec. 5123.0417. (A) ~~Using funds available under section~~	110336
~~5112.371 of the Revised Code, the~~The director of mental	110337
retardation and developmental disabilities shall establish one or	110338
more programs for individuals under twenty-one years of age who	110339
have intensive behavioral needs, including such individuals with	110340
a primary diagnosis of autism spectrum disorder. The programs may	110341
include one or more medicaid waiver components that the director	110342
administers pursuant to section 5111.871 of the Revised Code. The	110343
programs may do one or more of the following:	110344

(1) Establish models that incorporate elements common to	110345
effective intervention programs and evidence-based practices in	110346
services for children with intensive behavioral needs;	110347

(2) Design a template for individualized education plans and	110348
individual service plans that provide consistent intervention	110349
programs and evidence-based practices for the care and treatment	110350
of children with intensive behavioral needs;	110351

(3) Disseminate best practice guidelines for use by families	110352
of children with intensive behavioral needs and professionals	110353
working with such families;	110354

(4) Develop a transition planning model for effectively	110355
mainstreaming school-age children with intensive behavioral needs	110356
to their public school district;	110357

(5) Contribute to the field of early and effective	110358
identification and intervention programs for children with	110359
intensive behavioral needs by providing financial support for	110360
scholarly research and publication of clinical findings.	110361

(B) The director of mental retardation and developmental	110362
disabilities shall collaborate with the director of job and family	110363
services and consult with the executive director of the Ohio	110364
center for autism and low incidence and university-based programs	110365
that specialize in services for individuals with developmental	110366
disabilities when establishing programs under this section.	110367

Sec. 5123.19. (A) As used in this section and in sections	110368
5123.191, 5123.193, 5123.194, 5123.196, 5123.197, 5123.198, and	110369
5123.20 of the Revised Code:	110370

(1)(a) "Residential facility" means a home or facility in	110371
which a mentally retarded or developmentally disabled person	110372
resides, except the home of a relative or legal guardian in which	110373
a mentally retarded or developmentally disabled person resides, a	110374
respite care home certified under section 5126.05 of the Revised	110375
Code, a county home or district home operated pursuant to Chapter	110376
5155. of the Revised Code, or a dwelling in which the only	110377
mentally retarded or developmentally disabled residents are in an	110378
independent living arrangement or are being provided supported	110379
living.	110380

(b) "Intermediate care facility for the mentally retarded"	110381
means a residential facility that is considered an intermediate	110382
care facility for the mentally retarded for the purposes of	110383
Chapter 5111. of the Revised Code.	110384

(2) "Political subdivision" means a municipal corporation,	110385
county, or township.	110386

(3) "Independent living arrangement" means an arrangement in	110387
which a mentally retarded or developmentally disabled person	110388
resides in an individualized setting chosen by the person or the	110389
person's guardian, which is not dedicated principally to the	110390
provision of residential services for mentally retarded or	110391
developmentally disabled persons, and for which no financial	110392
support is received for rendering such service from any	110393
governmental agency by a provider of residential services.	110394

(4) "Licensee" means the person or government agency that has	110395
applied for a license to operate a residential facility and to	110396
which the license was issued under this section.	110397

(5) "Related party" has the same meaning as in section	110398
5123.16 of the Revised Code except that "provider" as used in the	110399
definition of "related party" means a person or government entity	110400
that held or applied for a license to operate a residential	110401
facility, rather than a person or government entity certified to	110402
provide supported living.	110403

(B) Every person or government agency desiring to operate a	110404
residential facility shall apply for licensure of the facility to	110405
the director of mental retardation and developmental disabilities	110406
unless the residential facility is subject to section 3721.02,	110407
3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding	110408
Chapter 3721. of the Revised Code, a nursing home that is	110409
certified as an intermediate care facility for the mentally	110410
retarded under Title XIX of the "Social Security Act," 79 Stat.	110411
286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for	110412
licensure of the portion of the home that is certified as an	110413
intermediate care facility for the mentally retarded.	110414

(C) Subject to section 5123.196 of the Revised Code, the	110415
director of mental retardation and developmental disabilities	110416
shall license the operation of residential facilities. An initial	110417
license shall be issued for a period that does not exceed one	110418
year, unless the director denies the license under division (D) of	110419
this section. A license shall be renewed for a period that does	110420
not exceed three years, unless the director refuses to renew the	110421
license under division (D) of this section. The director, when	110422
issuing or renewing a license, shall specify the period for which	110423
the license is being issued or renewed. A license remains valid	110424
for the length of the licensing period specified by the director,	110425
unless the license is terminated, revoked, or voluntarily	110426
surrendered.	110427

(D) If it is determined that an applicant or licensee is not	110428
in compliance with a provision of this chapter that applies to	110429
residential facilities or the rules adopted under such a	110430
provision, the director may deny issuance of a license, refuse to	110431
renew a license, terminate a license, revoke a license, issue an	110432
order for the suspension of admissions to a facility, issue an	110433
order for the placement of a monitor at a facility, issue an order	110434
for the immediate removal of residents, or take any other action	110435
the director considers necessary consistent with the director's	110436
authority under this chapter regarding residential facilities. In	110437
the director's selection and administration of the sanction to be	110438
imposed, all of the following apply:	110439

(1) The director may deny, refuse to renew, or revoke a	110440
license, if the director determines that the applicant or licensee	110441
has demonstrated a pattern of serious noncompliance or that a	110442
violation creates a substantial risk to the health and safety of	110443
residents of a residential facility.	110444

(2) The director may terminate a license if more than twelve	110445
consecutive months have elapsed since the residential facility was	110446
last occupied by a resident or a notice required by division (K)	110447
of this section is not given.	110448

(3) The director may issue an order for the suspension of	110449
admissions to a facility for any violation that may result in	110450
sanctions under division (D)(1) of this section and for any other	110451
violation specified in rules adopted under division (H)(2) of	110452
this section. If the suspension of admissions is imposed for a	110453
violation that may result in sanctions under division (D)(1) of	110454
this section, the director may impose the suspension before	110455
providing an opportunity for an adjudication under Chapter 119. of	110456
the Revised Code. The director shall lift an order for the	110457
suspension of admissions when the director determines that the	110458
violation that formed the basis for the order has been corrected.	110459

(4) The director may order the placement of a monitor at a	110460
residential facility for any violation specified in rules adopted	110461
under division (H)(2) of this section. The director shall lift the	110462
order when the director determines that the violation that formed	110463
the basis for the order has been corrected.	110464

(5) If the director determines that two or more residential	110465
facilities owned or operated by the same person or government	110466
entity are not being operated in compliance with a provision of	110467
this chapter that applies to residential facilities or the rules	110468
adopted under such a provision, and the director's findings are	110469
based on the same or a substantially similar action, practice,	110470
circumstance, or incident that creates a substantial risk to the	110471
health and safety of the residents, the director shall conduct a	110472
survey as soon as practicable at each residential facility owned	110473
or operated by that person or government entity. The director may	110474
take any action authorized by this section with respect to any	110475
facility found to be operating in violation of a provision of this	110476
chapter that applies to residential facilities or the rules	110477
adopted under such a provision.	110478

(6) When the director initiates license revocation	110479
proceedings, no opportunity for submitting a plan of correction	110480
shall be given. The director shall notify the licensee by letter	110481
of the initiation of the proceedings. The letter shall list the	110482
deficiencies of the residential facility and inform the licensee	110483
that no plan of correction will be accepted. The director shall	110484
also send a copy of the letter to the county board of mental	110485
retardation and developmental disabilities. The county board shall	110486
send a copy of the letter to each of the following:	110487

(a) Each resident who receives services from the licensee;

110488

(b) The guardian of each resident who receives services from	110489
the licensee if the resident has a guardian;	110490

(c) The parent or guardian of each resident who receives	110491
services from the licensee if the resident is a minor.	110492

(7) Pursuant to rules which shall be adopted in accordance	110493
with Chapter 119. of the Revised Code, the director may order the	110494
immediate removal of residents from a residential facility	110495
whenever conditions at the facility present an immediate danger of	110496
physical or psychological harm to the residents.	110497

(8) In determining whether a residential facility is being	110498
operated in compliance with a provision of this chapter that	110499
applies to residential facilities or the rules adopted under such	110500
a provision, or whether conditions at a residential facility	110501
present an immediate danger of physical or psychological harm to	110502
the residents, the director may rely on information obtained by a	110503
county board of mental retardation and developmental disabilities	110504
or other governmental agencies.	110505

(9) In proceedings initiated to deny, refuse to renew, or	110506
revoke licenses, the director may deny, refuse to renew, or revoke	110507
a license regardless of whether some or all of the deficiencies	110508
that prompted the proceedings have been corrected at the time of	110509
the hearing.	110510

(E) The director shall establish a program under which public	110511
notification may be made when the director has initiated license	110512
revocation proceedings or has issued an order for the suspension	110513
of admissions, placement of a monitor, or removal of residents.	110514
The director shall adopt rules in accordance with Chapter 119. of	110515
the Revised Code to implement this division. The rules shall	110516
establish the procedures by which the public notification will be	110517
made and specify the circumstances for which the notification must	110518
be made. The rules shall require that public notification be made	110519
if the director has taken action against the facility in the	110520
eighteen-month period immediately preceding the director's latest	110521
action against the facility and the latest action is being taken	110522
for the same or a substantially similar violation of a provision	110523
of this chapter that applies to residential facilities or the	110524
rules adopted under such a provision. The rules shall specify a	110525
method for removing or amending the public notification if the	110526
director's action is found to have been unjustified or the	110527
violation at the residential facility has been corrected.	110528

(F)(1) Except as provided in division (F)(2) of this section,	110529
appeals from proceedings initiated to impose a sanction under	110530
division (D) of this section shall be conducted in accordance with	110531
Chapter 119. of the Revised Code.	110532

(2) Appeals from proceedings initiated to order the	110533
suspension of admissions to a facility shall be conducted in	110534
accordance with Chapter 119. of the Revised Code, unless the order	110535
was issued before providing an opportunity for an adjudication, in	110536
which case all of the following apply:	110537

(a) The licensee may request a hearing not later than ten	110538
days after receiving the notice specified in section 119.07 of the	110539
Revised Code.	110540

(b) If a timely request for a hearing that includes the	110541
licensee's current address is made, the hearing shall commence not	110542
later than thirty days after the department receives the request.	110543

(c) After commencing, the hearing shall continue	110544
uninterrupted, except for Saturdays, Sundays, and legal holidays,	110545
unless other interruptions are agreed to by the licensee and the	110546
director.	110547

(d) If the hearing is conducted by a hearing examiner, the	110548
hearing examiner shall file a report and recommendations not later	110549
than ten days after the last of the following:	110550

(i) The close of the hearing;

110551

(ii) If a transcript of the proceedings is ordered, the	110552
hearing examiner receives the transcript;	110553

(iii) If post-hearing briefs are timely filed, the hearing	110554
examiner receives the briefs.	110555

(e) A copy of the written report and recommendation of the	110556
hearing examiner shall be sent, by certified mail, to the licensee	110557
and the licensee's attorney, if applicable, not later than five	110558
days after the report is filed.	110559

(f) Not later than five days after the hearing examiner files	110560
the report and recommendations, the licensee may file objections	110561
to the report and recommendations.	110562

(g) Not later than fifteen days after the hearing examiner	110563
files the report and recommendations, the director shall issue an	110564
order approving, modifying, or disapproving the report and	110565
recommendations.	110566

(h) Notwithstanding the pendency of the hearing, the director	110567
shall lift the order for the suspension of admissions when the	110568
director determines that the violation that formed the basis for	110569
the order has been corrected.	110570

(G) Neither a person or government agency whose application	110571
for a license to operate a residential facility is denied nor a	110572
related party of the person or government agency may apply for a	110573
license to operate a residential facility before the date that is	110574
one year after the date of the denial. Neither a licensee whose	110575
residential facility license is revoked nor a related party of the	110576
licensee may apply for a residential facility license before the	110577
date that is five years after the date of the revocation.	110578

(H) In accordance with Chapter 119. of the Revised Code, the	110579
director shall adopt and may amend and rescind rules for licensing	110580
and regulating the operation of residential facilities, including	110581
intermediate care facilities for the mentally retarded. The rules	110582
for intermediate care facilities for the mentally retarded may	110583
differ from those for other residential facilities. The rules	110584
shall establish and specify the following:	110585

(1) Procedures and criteria for issuing and renewing	110586
licenses, including procedures and criteria for determining the	110587
length of the licensing period that the director must specify for	110588
each license when it is issued or renewed;	110589

(2) Procedures and criteria for denying, refusing to renew,	110590
terminating, and revoking licenses and for ordering the suspension	110591
of admissions to a facility, placement of a monitor at a facility,	110592
and the immediate removal of residents from a facility;	110593

(3) Fees for issuing and renewing licenses, which shall be	110594
deposited into the program fee fund created under section 5123.033	110595
of the Revised Code;	110596

(4) Procedures for surveying residential facilities;

110597

(5) Requirements for the training of residential facility	110598
personnel;	110599

(6) Classifications for the various types of residential	110600
facilities;	110601

(7) Certification procedures for licensees and management	110602
contractors that the director determines are necessary to ensure	110603
that they have the skills and qualifications to properly operate	110604
or manage residential facilities;	110605

(8) The maximum number of persons who may be served in a	110606
particular type of residential facility;	110607

(9) Uniform procedures for admission of persons to and	110608
transfers and discharges of persons from residential facilities;	110609

(10) Other standards for the operation of residential	110610
facilities and the services provided at residential facilities;	110611

(11) Procedures for waiving any provision of any rule adopted	110612
under this section.	110613

(I) Before issuing a license, the director of the department	110614
or the director's designee shall conduct a survey of the	110615
residential facility for which application is made. The director	110616
or the director's designee shall conduct a survey of each	110617
licensed residential facility at least once during the period the	110618
license is valid and may conduct additional inspections as needed.	110619
A survey includes but is not limited to an on-site examination and	110620
evaluation of the residential facility, its personnel, and the	110621
services provided there.	110622

In conducting surveys, the director or the director's	110623
designee shall be given access to the residential facility; all	110624
records, accounts, and any other documents related to the	110625
operation of the facility; the licensee; the residents of the	110626
facility; and all persons acting on behalf of, under the control	110627
of, or in connection with the licensee. The licensee and all	110628
persons on behalf of, under the control of, or in connection with	110629
the licensee shall cooperate with the director or the director's	110630
designee in conducting the survey.	110631

Following each survey, unless the director initiates a	110632
license revocation proceeding, the director or the director's	110633
designee shall provide the licensee with a report listing any	110634
deficiencies, specifying a timetable within which the licensee	110635
shall submit a plan of correction describing how the deficiencies	110636
will be corrected, and, when appropriate, specifying a timetable	110637
within which the licensee must correct the deficiencies. After a	110638
plan of correction is submitted, the director or the director's	110639
designee shall approve or disapprove the plan. A copy of the	110640
report and any approved plan of correction shall be provided to	110641
any person who requests it.	110642

The director shall initiate disciplinary action against any	110643
department employee who notifies or causes the notification to any	110644
unauthorized person of an unannounced survey of a residential	110645
facility by an authorized representative of the department.	110646

(J) In addition to any other information which may be	110647
required of applicants for a license pursuant to this section, the	110648
director shall require each applicant to provide a copy of an	110649
approved plan for a proposed residential facility pursuant to	110650
section 5123.042 of the Revised Code. This division does not apply	110651
to renewal of a license or to an applicant for an initial or	110652
modified license who meets the requirements of section 5123.193	110653
or 5123.197 of the Revised Code.	110654

(K) A licensee shall notify the owner of the building in	110655
which the licensee's residential facility is located of any	110656
significant change in the identity of the licensee or management	110657
contractor before the effective date of the change if the licensee	110658
is not the owner of the building.	110659

Pursuant to rules which shall be adopted in accordance with	110660
Chapter 119. of the Revised Code, the director may require	110661
notification to the department of any significant change in the	110662
ownership of a residential facility or in the identity of the	110663
licensee or management contractor. If the director determines that	110664
a significant change of ownership is proposed, the director shall	110665
consider the proposed change to be an application for development	110666
by a new operator pursuant to section 5123.042 of the Revised Code	110667
and shall advise the applicant within sixty days of the	110668
notification that the current license shall continue in effect or	110669
a new license will be required pursuant to this section. If the	110670
director requires a new license, the director shall permit the	110671
facility to continue to operate under the current license until	110672
the new license is issued, unless the current license is revoked,	110673
refused to be renewed, or terminated in accordance with Chapter	110674
119. of the Revised Code.	110675

(L) A county board of mental retardation and developmental	110676
disabilities, the legal rights service, and any interested person	110677
may file complaints alleging violations of statute or department	110678
rule relating to residential facilities with the department. All	110679
complaints shall be in writing and shall state the facts	110680
constituting the basis of the allegation. The department shall not	110681
reveal the source of any complaint unless the complainant agrees	110682
in writing to waive the right to confidentiality or until so	110683
ordered by a court of competent jurisdiction.	110684

The department shall adopt rules in accordance with Chapter	110685
119. of the Revised Code establishing procedures for the receipt,	110686
referral, investigation, and disposition of complaints filed with	110687
the department under this division.	110688

(M) The department shall establish procedures for the	110689
notification of interested parties of the transfer or interim care	110690
of residents from residential facilities that are closing or are	110691
losing their license.	110692

(N) Before issuing a license under this section to a	110693
residential facility that will accommodate at any time more than	110694
one mentally retarded or developmentally disabled individual, the	110695
director shall, by first class mail, notify the following:	110696

(1) If the facility will be located in a municipal	110697
corporation, the clerk of the legislative authority of the	110698
municipal corporation;	110699

(2) If the facility will be located in unincorporated	110700
territory, the clerk of the appropriate board of county	110701
commissioners and the fiscal officer of the appropriate board of	110702
township trustees.	110703

The director shall not issue the license for ten days after	110704
mailing the notice, excluding Saturdays, Sundays, and legal	110705
holidays, in order to give the notified local officials time in	110706
which to comment on the proposed issuance.	110707

Any legislative authority of a municipal corporation, board	110708
of county commissioners, or board of township trustees that	110709
receives notice under this division of the proposed issuance of a	110710
license for a residential facility may comment on it in writing to	110711
the director within ten days after the director mailed the notice,	110712
excluding Saturdays, Sundays, and legal holidays. If the director	110713
receives written comments from any notified officials within the	110714
specified time, the director shall make written findings	110715
concerning the comments and the director's decision on the	110716
issuance of the license. If the director does not receive written	110717
comments from any notified local officials within the specified	110718
time, the director shall continue the process for issuance of the	110719
license.	110720

(O) Any person may operate a licensed residential facility	110721
that provides room and board, personal care, habilitation	110722
services, and supervision in a family setting for at least six but	110723
not more than eight persons with mental retardation or a	110724
developmental disability as a permitted use in any residential	110725
district or zone, including any single-family residential district	110726
or zone, of any political subdivision. These residential	110727
facilities may be required to comply with area, height, yard, and	110728
architectural compatibility requirements that are uniformly	110729
imposed upon all single-family residences within the district or	110730
zone.	110731

(P) Any person may operate a licensed residential facility	110732
that provides room and board, personal care, habilitation	110733
services, and supervision in a family setting for at least nine	110734
but not more than sixteen persons with mental retardation or a	110735
developmental disability as a permitted use in any multiple-family	110736
residential district or zone of any political subdivision, except	110737
that a political subdivision that has enacted a zoning ordinance	110738
or resolution establishing planned unit development districts may	110739
exclude these residential facilities from those districts, and a	110740
political subdivision that has enacted a zoning ordinance or	110741
resolution may regulate these residential facilities in	110742
multiple-family residential districts or zones as a conditionally	110743
permitted use or special exception, in either case, under	110744
reasonable and specific standards and conditions set out in the	110745
zoning ordinance or resolution to:	110746

(1) Require the architectural design and site layout of the	110747
residential facility and the location, nature, and height of any	110748
walls, screens, and fences to be compatible with adjoining land	110749
uses and the residential character of the neighborhood;	110750

(2) Require compliance with yard, parking, and sign	110751
regulation;	110752

(3) Limit excessive concentration of these residential	110753
facilities.	110754

(Q) This section does not prohibit a political subdivision	110755
from applying to residential facilities nondiscriminatory	110756
regulations requiring compliance with health, fire, and safety	110757
regulations and building standards and regulations.	110758

(R) Divisions (O) and (P) of this section are not applicable	110759
to municipal corporations that had in effect on June 15, 1977, an	110760
ordinance specifically permitting in residential zones licensed	110761
residential facilities by means of permitted uses, conditional	110762
uses, or special exception, so long as such ordinance remains in	110763
effect without any substantive modification.	110764

(S)(1) The director may issue an interim license to operate a	110765
residential facility to an applicant for a license under this	110766
section if either of the following is the case:	110767

(a) The director determines that an emergency exists	110768
requiring immediate placement of persons in a residential	110769
facility, that insufficient licensed beds are available, and that	110770
the residential facility is likely to receive a permanent license	110771
under this section within thirty days after issuance of the	110772
interim license.	110773

(b) The director determines that the issuance of an interim	110774
license is necessary to meet a temporary need for a residential	110775
facility.	110776

(2) To be eligible to receive an interim license, an	110777
applicant must meet the same criteria that must be met to receive	110778
a permanent license under this section, except for any differing	110779
procedures and time frames that may apply to issuance of a	110780
permanent license.	110781

(3) An interim license shall be valid for thirty days and may	110782
be renewed by the director for a period not to exceed one hundred	110783
fifty days.	110784

(4) The director shall adopt rules in accordance with Chapter	110785
119. of the Revised Code as the director considers necessary to	110786
administer the issuance of interim licenses.	110787

(T) Notwithstanding rules adopted pursuant to this section	110788
establishing the maximum number of persons who may be served in a	110789
particular type of residential facility, a residential facility	110790
shall be permitted to serve the same number of persons being	110791
served by the facility on the effective date of the rules or the	110792
number of persons for which the facility is authorized pursuant to	110793
a current application for a certificate of need with a letter of	110794
support from the department of mental retardation and	110795
developmental disabilities and which is in the review process	110796
prior to April 4, 1986.	110797

(U) The director or the director's designee may enter at any	110798
time, for purposes of investigation, any home, facility, or other	110799
structure that has been reported to the director or that the	110800
director has reasonable cause to believe is being operated as a	110801
residential facility without a license issued under this section.	110802

The director may petition the court of common pleas of the	110803
county in which an unlicensed residential facility is located for	110804
an order enjoining the person or governmental agency operating the	110805
facility from continuing to operate without a license. The court	110806
may grant the injunction on a showing that the person or	110807
governmental agency named in the petition is operating a	110808
residential facility without a license. The court may grant the	110809
injunction, regardless of whether the residential facility meets	110810
the requirements for receiving a license under this section.	110811

Sec. 5123.193. An applicant for a residential facility	110812
license under section 5123.19 of the Revised Code is not required	110813
to obtain approval of a plan for the proposed residential facility	110814
pursuant to section 5123.042 of the Revised Code if all of the	110815
following apply:	110816

(A) All of the following apply to the facility for which the	110817
residential facility license is sought:	110818

(1) It is licensed as a nursing home under section 3721.02 of	110819
the Revised Code on the effective date of this section and the	110820
nursing home license authorizes the facility to have fifty nursing	110821
home beds.	110822

(2) It was previously certified as an intermediate care	110823
facility for the mentally retarded before July 1, 1992.	110824

(3) It is operated as a nonprofit organization exempt from	110825
federal income tax under section 501(c)(3) of the Internal Revenue	110826
Code.	110827

(4) Its governing board has passed a resolution to close the	110828
facility unless a residential facility license is obtained for the	110829
facility.	110830

(B) The license application seeks authorization to operate a	110831
residential facility with not more than twenty-five beds on the	110832
same site on which the facility is operated under its nursing home	110833
license on the effective date of this section.	110834

(C) The applicant applies to the director of health to have	110835
the facility certified as an intermediate care facility for the	110836
mentally retarded.	110837

(D) The applicant agrees to have the nursing home's licensed	110838
capacity reduced to not more than twenty-five nursing home beds	110839
effective on the date the director of developmental disabilities	110840
issues the residential facility license and agrees to surrender	110841
the nursing home license, ending the applicant's right to have	110842
any nursing home beds in the facility, effective on the date the	110843
director of health certifies the facility as an intermediate care	110844
facility for the mentally retarded.	110845

(E) The applicant provides the director of developmental	110846
disabilities assurances that the applicant will cooperate with	110847
the department of job and family services in having each resident	110848
of the facility who needs a greater or lesser level of care than	110849
intermediate care facilities for the mentally retarded provide	110850
relocated to another facility or residence that is authorized to	110851
provide the level of care the resident needs and is willing to	110852
accept the resident's placement in the facility or residence.	110853

(F) The applicant submits the application for the residential	110854
facility license to the director of developmental disabilities not	110855
later than one hundred twenty days after the effective date of	110856
this section.	110857

Sec. 5123.197. Neither an applicant for an initial	110858
residential facility license under section 5123.19 of the Revised	110859
Code nor an applicant for a modification of an existing	110860
residential facility license under that section is required to	110861
obtain approval of a plan for the proposed new residential	110862
facility or modification to the existing residential facility	110863
pursuant to section 5123.042 of the Revised Code if all of the	110864
following apply:	110865

(A) The new residential facility or modification to the	110866
existing residential facility is to serve individuals who have	110867
diagnoses or special care needs for which a medicaid reimbursement	110868
rate is set pursuant to section 5111.258 of the Revised Code;	110869

(B) The directors of job and family services and	110870
developmental disabilities determine that there is a need under	110871
the medicaid program for the proposed new residential facility or	110872
modification to the existing residential facility and that	110873
approving the application for the initial residential facility	110874
license or modification to the existing residential facility	110875
license is fiscally prudent for the medicaid program;	110876

(C) The director of budget and management notifies the	110877
directors of job and family services and developmental	110878
disabilities that the director of budget and management agrees	110879
with the directors' determination under division (B) of this	110880
section.	110881

Sec. 5126.044. (A) As used in this section~~, "eligible~~:

110882

(1) "Eligible person" has the same meaning as in section	110883
5126.03 of the Revised Code.	110884

(2) "Treatment" means the provision, coordination, or	110885
management of services provided to an eligible person.	110886

(3) "Payment" means activities undertaken by a service	110887
provider or governmental entity to obtain or provide reimbursement	110888
for services to an eligible person.	110889

(B) Except as provided in division ~~(D)~~(C) of this section, no	110890
person shall disclose the identity of an individual who requests	110891
programs or services under this chapter or release a record or	110892
report regarding an eligible person that is maintained by a county	110893
board of mental retardation and developmental disabilities or an	110894
entity under contract with a county board unless one of the	110895
following circumstances exists:	110896

(1) The individual, eligible person, or the individual's	110897
guardian, or, if the individual is a minor, the individual's	110898
parent or guardian, makes a written request to the county board or	110899
entity for or approves in writing disclosure of the individual's	110900
identity or release of the record or report regarding the eligible	110901
person.	110902

(2) Disclosure of the identity of an individual is needed for	110903
approval of a direct services contract under section 5126.032 or	110904
5126.033 of the Revised Code. The county board shall release only	110905
the individual's name and the general nature of the services to be	110906
provided.	110907

(3) Disclosure of the identity of the individual is needed to	110908
ascertain that the county board's waiting lists for programs or	110909
services are being maintained in accordance with section 5126.042	110910
of the Revised Code and the rules adopted under that section. The	110911
county board shall release only the individual's name, the general	110912
nature of the programs or services to be provided the individual,	110913
the individual's rank on each waiting list that includes the	110914
individual, and any circumstances under which the individual was	110915
given priority when placed on a waiting list.	110916

(4) Disclosure of the identity of an individual who is an	110917
eligible person is needed for treatment of or payment for services	110918
provided to the individual.	110919

(C) ~~A board or entity that discloses an individual's identity~~	110920
~~or releases a record or report regarding an eligible person shall~~	110921
~~maintain a record of when and to whom the disclosure or release~~	110922
~~was made.~~	110923

~~(D)~~(1) At the request of an eligible person or the person's	110924
guardian or, if the eligible person is a minor, the person's	110925
parent or guardian, a county board or entity under contract with a	110926
county board shall provide the person who made the request access	110927
to records and reports regarding the eligible person. On written	110928
request, the county board or entity shall provide copies of the	110929
records and reports to the eligible person, guardian, or parent.	110930
The county board or entity may charge a reasonable fee to cover	110931
the costs of copying. The county board or entity may waive the fee	110932
in cases of hardship.	110933

(2) A county board shall provide access to any waiting list	110934
or record or report regarding an eligible person maintained by the	110935
board to any state agency responsible for monitoring and reviewing	110936
programs and services provided or arranged by the county board,	110937
any state agency involved in the coordination of services for an	110938
eligible person, and any agency under contract with the department	110939
of mental retardation and developmental disabilities for the	110940
provision of protective service pursuant to section 5123.56 of the	110941
Revised Code.	110942

(3) When an eligible person who requests programs or services	110943
under this chapter dies, the county board or entity under contract	110944
with the county board, shall, on written request, provide to both	110945
of the following persons any reports and records in the board or	110946
entity's possession concerning the eligible person:	110947

(a) If the report or records are necessary to administer the	110948
estate of the person who is the subject of the reports or records,	110949
to the executor or administrator of the person's estate;	110950

(b) To the guardian of the person who is the subject of the	110951
reports or records or, if the individual had no guardian at the	110952
time of death, to a person in the first applicable of the	110953
following categories:	110954

(i) The person's spouse;

110955

(ii) The person's children;

110956

(iii) The person's parents;

110957

(iv) The person's brothers or sisters;

110958

(v) The person's uncles or aunts;

110959

(vi) The person's closest relative by blood or adoption;

110960

(vii) The person's closest relative by marriage.

110961

The county board or entity shall provide the reports and	110962
records as required by division ~~(D)~~(C)(3) of this section not	110963
later than thirty days after receipt of the request.	110964

~~(E)~~(D) A county board shall notify an eligible person, the	110965
person's guardian, or, if the eligible person is a minor, the	110966
person's parent or guardian, prior to destroying any record or	110967
report regarding the eligible person.	110968

Sec. 5126.05. (A) Subject to the rules established by the	110969
director of mental retardation and developmental disabilities	110970
pursuant to Chapter 119. of the Revised Code for programs and	110971
services offered pursuant to this chapter, and subject to the	110972
rules established by the state board of education pursuant to	110973
Chapter 119. of the Revised Code for programs and services offered	110974
pursuant to Chapter 3323. of the Revised Code, the county board of	110975
mental retardation and developmental disabilities shall:	110976

(1) Administer and operate facilities, programs, and services	110977
as provided by this chapter and Chapter 3323. of the Revised Code	110978
and establish policies for their administration and operation;	110979

(2) Coordinate, monitor, and evaluate existing services and	110980
facilities available to individuals with mental retardation and	110981
developmental disabilities;	110982

(3) Provide early childhood services, supportive home	110983
services, and adult services, according to the plan and priorities	110984
developed under section 5126.04 of the Revised Code;	110985

(4) Provide or contract for special education services	110986
pursuant to Chapters 3306., 3317., and 3323. of the Revised Code	110987
and ensure that related services, as defined in section 3323.01 of	110988
the Revised Code, are available according to the plan and	110989
priorities developed under section 5126.04 of the Revised Code;	110990

(5) Adopt a budget, authorize expenditures for the purposes	110991
specified in this chapter and do so in accordance with section	110992
319.16 of the Revised Code, approve attendance of board members	110993
and employees at professional meetings and approve expenditures	110994
for attendance, and exercise such powers and duties as are	110995
prescribed by the director;	110996

(6) Submit annual reports of its work and expenditures,	110997
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	110998
the director, the superintendent of public instruction, and the	110999
board of county commissioners at the close of the fiscal year and	111000
at such other times as may reasonably be requested;	111001

(7) Authorize all positions of employment, establish	111002
compensation, including but not limited to salary schedules and	111003
fringe benefits for all board employees, approve contracts of	111004
employment for management employees that are for a term of more	111005
than one year, employ legal counsel under section 309.10 of the	111006
Revised Code, and contract for employee benefits;	111007

(8) Provide service and support administration in accordance	111008
with section 5126.15 of the Revised Code;	111009

(9) Certify respite care homes pursuant to rules adopted	111010
under section 5123.171 of the Revised Code by the director of	111011
mental retardation and developmental disabilities.	111012

(B) To the extent that rules adopted under this section apply	111013
to the identification and placement of children with disabilities	111014
under Chapter 3323. of the Revised Code, they shall be consistent	111015
with the standards and procedures established under sections	111016
3323.03 to 3323.05 of the Revised Code.	111017

(C) Any county board may enter into contracts with other such	111018
boards and with public or private, nonprofit, or profit-making	111019
agencies or organizations of the same or another county, to	111020
provide the facilities, programs, and services authorized or	111021
required, upon such terms as may be agreeable, and in accordance	111022
with this chapter and Chapter 3323. of the Revised Code and rules	111023
adopted thereunder and in accordance with sections 307.86 and	111024
5126.071 of the Revised Code.	111025

(D) A county board may combine transportation for children	111026
and adults enrolled in programs and services offered under section	111027
5126.12 with transportation for children enrolled in classes	111028
funded under section 3317.20 or units approved under section	111029
3317.05 of the Revised Code.	111030

(E) A county board may purchase all necessary insurance	111031
policies, may purchase equipment and supplies through the	111032
department of administrative services or from other sources, and	111033
may enter into agreements with public agencies or nonprofit	111034
organizations for cooperative purchasing arrangements.	111035

(F) A county board may receive by gift, grant, devise, or	111036
bequest any moneys, lands, or property for the benefit of the	111037
purposes for which the board is established and hold, apply, and	111038
dispose of the moneys, lands, and property according to the terms	111039
of the gift, grant, devise, or bequest. All money received by	111040
gift, grant, bequest, or disposition of lands or property received	111041
by gift, grant, devise, or bequest shall be deposited in the	111042
county treasury to the credit of such board and shall be available	111043
for use by the board for purposes determined or stated by the	111044
donor or grantor, but may not be used for personal expenses of the	111045
board members. Any interest or earnings accruing from such gift,	111046
grant, devise, or bequest shall be treated in the same manner and	111047
subject to the same provisions as such gift, grant, devise, or	111048
bequest.	111049

(G) The board of county commissioners shall levy taxes and	111050
make appropriations sufficient to enable the county board of	111051
mental retardation and developmental disabilities to perform its	111052
functions and duties, and may utilize any available local, state,	111053
and federal funds for such purpose.	111054

Sec. 5126.054. (A) Each county board of mental retardation	111055
and developmental disabilities shall, by resolution, develop a	111056
three-calendar year plan that includes the following three	111057
components:	111058

(1) An assessment component that includes all of the	111059
following:	111060

(a) The number of individuals with mental retardation or	111061
other developmental disability residing in the county who need the	111062
level of care provided by an intermediate care facility for the	111063
mentally retarded, may seek home and community-based services, are	111064
given priority for the services pursuant to division (D) of	111065
section 5126.042 of the Revised Code; the service needs of those	111066
individuals; and the projected annualized cost for services;	111067

(b) The source of funds available to the county board to pay	111068
the nonfederal share of medicaid expenditures that the county	111069
board is required by sections 5126.059 and 5126.0510 of the	111070
Revised Code to pay;	111071

(c) Any other applicable information or conditions that the	111072
department of mental retardation and developmental disabilities	111073
requires as a condition of approving the component under section	111074
5123.046 of the Revised Code.	111075

(2) (A preliminary implementation component that specifies	111076
the number of individuals to be provided, during the first year	111077
that the plan is in effect, home and community-based services	111078
pursuant to the priority given to them under divisions (D)(1) and	111079
(2) of section 5126.042 of the Revised Code and the types of home	111080
and community-based services the individuals are to receive;	111081

(3) A component that provides for the implementation of	111082
medicaid case management services and home and community-based	111083
services for individuals who begin to receive the services on or	111084
after the date the plan is approved under section 5123.046 of the	111085
Revised Code. A county board shall include all of the following in	111086
the component:	111087

(a) If the department of mental retardation and developmental	111088
disabilities or department of job and family services requires, an	111089
agreement to pay the nonfederal share of medicaid expenditures	111090
that the county board is required by sections 5126.059 and	111091
5126.0510 of the Revised Code to pay;	111092

(b) How the services are to be phased in over the period the	111093
plan covers, including how the county board will serve individuals	111094
on a waiting list established under division (C) of section	111095
5126.042 who are given priority status under division (D)(1) of	111096
that section;	111097

(c) Any agreement or commitment regarding the county board's	111098
funding of home and community-based services that the county board	111099
has with the department at the time the county board develops the	111100
component;	111101

(d) Assurances adequate to the department that the county	111102
board will comply with all of the following requirements:	111103

(i) To provide the types of home and community-based services	111104
specified in the preliminary implementation component required by	111105
division (A)(2) of this section to at least the number of	111106
individuals specified in that component;	111107

(ii) To use any additional funds the county board receives	111108
for the services to improve the county board's resource	111109
capabilities for supporting such services available in the county	111110
at the time the component is developed and to expand the services	111111
to accommodate the unmet need for those services in the county;	111112

(iii) To employ or contract with a business manager ~~who is~~	111113
~~either a new employee who has earned at least a bachelor's degree~~	111114
~~in business administration or a current employee who has the~~	111115
~~equivalent experience of a bachelor's degree in business~~	111116
~~administration~~or enter into an agreement with another county	111117
board of developmental disabilities that employs or contracts	111118
with a business manager to have the business manager serve both	111119
county boards. ~~If the county board will employ a new employee,~~	111120
~~the county board shall include in the component a timeline for~~	111121
~~employing the employee.~~No superintendent of a county board may	111122
serve as the county board's business manager.	111123

(iv) To employ or contract with a medicaid services manager	111124
~~who is either a new employee who has earned at least a bachelor's~~	111125
~~degree or a current employee who has the equivalent experience of~~	111126
~~a bachelor's degree~~or enter into an agreement with another county	111127
board of developmental disabilities that employs or contracts	111128
with a medicaid services manager to have the medicaid services	111129
manager serve both county boards. ~~If the county board will employ~~	111130
~~a new employee, the county board shall include in the component a~~	111131
~~timeline for employing the employee. Two or three county boards~~	111132
~~that have a combined total enrollment in county board services~~	111133
~~not exceeding one thousand individuals as determined pursuant to~~	111134
~~certifications made under division (B) of section 5126.12 of the~~	111135
~~Revised Code may satisfy this requirement by sharing the services~~	111136
~~of a medicaid services manager or using the services of a medicaid~~	111137
~~services manager employed by or under contract with a regional~~	111138
~~council that the county boards establish under section 5126.13 of~~	111139
~~the Revised Code.~~No superintendent of a county board may serve	111140
as the county board's medicaid services manager.	111141

(e) Programmatic and financial accountability measures and	111142
projected outcomes expected from the implementation of the plan;	111143

(f) Any other applicable information or conditions that the	111144
department requires as a condition of approving the component	111145
under section 5123.046 of the Revised Code.	111146

(B) A county board whose plan developed under division (A) of	111147
this section is approved by the department under section 5123.046	111148
of the Revised Code shall update and renew the plan in accordance	111149
with a schedule the department shall develop.	111150

Sec. 5126.055. (A) Except as provided in section 5126.056	111151
of the Revised Code, a county board of mental retardation and	111152
developmental disabilities has medicaid local administrative	111153
authority to, and shall, do all of the following for an individual	111154
with mental retardation or other developmental disability who	111155
resides in the county that the county board serves and seeks or	111156
receives home and community-based services:	111157

(1) Perform assessments and evaluations of the individual. As	111158
part of the assessment and evaluation process, the county board	111159
shall do all of the following:	111160

(a) Make a recommendation to the department of mental	111161
retardation and developmental disabilities on whether the	111162
department should approve or deny the individual's application for	111163
the services, including on the basis of whether the individual	111164
needs the level of care an intermediate care facility for the	111165
mentally retarded provides;	111166

(b) If the individual's application is denied because of the	111167
county board's recommendation and the individual requests a	111168
hearing under section 5101.35 of the Revised Code, present, with	111169
the department of mental retardation and developmental	111170
disabilities or department of job and family services, whichever	111171
denies the application, the reasons for the recommendation and	111172
denial at the hearing;	111173

(c) If the individual's application is approved, recommend to	111174
the departments of mental retardation and developmental	111175
disabilities and job and family services the services that should	111176
be included in the individual's individualized service plan and,	111177
if either department approves, reduces, denies, or terminates a	111178
service included in the individual's individualized service plan	111179
under section 5111.871 of the Revised Code because of the county	111180
board's recommendation, present, with the department that made the	111181
approval, reduction, denial, or termination, the reasons for the	111182
recommendation and approval, reduction, denial, or termination at	111183
a hearing under section 5101.35 of the Revised Code.	111184

(2) In accordance with the rules adopted under section	111185
5126.046 of the Revised Code, perform the county board's duties	111186
under that section regarding assisting the individual's right to	111187
choose a qualified and willing provider of the services and, at a	111188
hearing under section 5101.35 of the Revised Code, present	111189
evidence of the process for appropriate assistance in choosing	111190
providers;	111191

(3) If the county board is certified under section 5123.161	111192
of the Revised Code to provide the services and agrees to	111193
provide the services to the individual and the individual	111194
chooses the county board to provide the services, furnish, in	111195
accordance with the county board's medicaid provider agreement	111196
and for the authorized reimbursement rate, the services the	111197
individual requires;	111198

(4) Monitor the services provided to the individual and	111199
ensure the individual's health, safety, and welfare. The	111200
monitoring shall include quality assurance activities. If the	111201
county board provides the services, the department of mental	111202
retardation and developmental disabilities shall also monitor the	111203
services.	111204

(5) Develop, with the individual and the provider of the	111205
individual's services, an effective individualized service plan	111206
that includes coordination of services, recommend that the	111207
departments of mental retardation and developmental disabilities	111208
and job and family services approve the plan, and implement the	111209
plan unless either department disapproves it;. The individualized	111210
service plan shall include a summary page, agreed to by the county	111211
board, provider, and individual receiving services, that clearly	111212
outlines the amount, duration, and scope of services to be	111213
provided under the plan.	111214

(6) Have an investigative agent conduct investigations under	111215
section 5126.313 of the Revised Code that concern the individual;	111216

(7) Have a service and support administrator perform the	111217
duties under division (B)(9) of section 5126.15 of the Revised	111218
Code that concern the individual.	111219

(B) A county board shall perform its medicaid local	111220
administrative authority under this section in accordance with all	111221
of the following:	111222

(1) The county board's plan that the department of mental	111223
retardation and developmental disabilities approves under section	111224
5123.046 of the Revised Code;	111225

(2) All applicable federal and state laws;

111226

(3) All applicable policies of the departments of mental	111227
retardation and developmental disabilities and job and family	111228
services and the United States department of health and human	111229
services;	111230

(4) The department of job and family services' supervision	111231
under its authority under section 5111.01 of the Revised Code to	111232
act as the single state medicaid agency;	111233

(5) The department of mental retardation and developmental	111234
disabilities' oversight.	111235

(C) The departments of mental retardation and developmental	111236
disabilities and job and family services shall communicate with	111237
and provide training to county boards regarding medicaid local	111238
administrative authority granted by this section. The	111239
communication and training shall include issues regarding audit	111240
protocols and other standards established by the United States	111241
department of health and human services that the departments	111242
determine appropriate for communication and training. County	111243
boards shall participate in the training. The departments shall	111244
assess the county board's compliance against uniform standards	111245
that the departments shall establish.	111246

(D) A county board may not delegate its medicaid local	111247
administrative authority granted under this section but may	111248
contract with a person or government entity, including a council	111249
of governments, for assistance with its medicaid local	111250
administrative authority. A county board that enters into such a	111251
contract shall notify the director of mental retardation and	111252
developmental disabilities. The notice shall include the tasks and	111253
responsibilities that the contract gives to the person or	111254
government entity. The person or government entity shall comply in	111255
full with all requirements to which the county board is subject	111256
regarding the person or government entity's tasks and	111257
responsibilities under the contract. The county board remains	111258
ultimately responsible for the tasks and responsibilities.	111259

(E) A county board that has medicaid local administrative	111260
authority under this section shall, through the departments of	111261
mental retardation and developmental disabilities and job and	111262
family services, reply to, and cooperate in arranging compliance	111263
with, a program or fiscal audit or program violation exception	111264
that a state or federal audit or review discovers. The department	111265
of job and family services shall timely notify the department of	111266
mental retardation and developmental disabilities and the county	111267
board of any adverse findings. After receiving the notice, the	111268
county board, in conjunction with the department of mental	111269
retardation and developmental disabilities, shall cooperate fully	111270
with the department of job and family services and timely prepare	111271
and send to the department a written plan of correction or	111272
response to the adverse findings. The county board is liable for	111273
any adverse findings that result from an action it takes or fails	111274
to take in its implementation of medicaid local administrative	111275
authority.	111276

(F) If the department of mental retardation and developmental	111277
disabilities or department of job and family services determines	111278
that a county board's implementation of its medicaid local	111279
administrative authority under this section is deficient, the	111280
department that makes the determination shall require that county	111281
board do the following:	111282

(1) If the deficiency affects the health, safety, or welfare	111283
of an individual with mental retardation or other developmental	111284
disability, correct the deficiency within twenty-four hours;	111285

(2) If the deficiency does not affect the health, safety, or	111286
welfare of an individual with mental retardation or other	111287
developmental disability, receive technical assistance from the	111288
department or submit a plan of correction to the department that	111289
is acceptable to the department within sixty days and correct the	111290
deficiency within the time required by the plan of correction.	111291

Sec. 5126.0512. (A) As used in this section, "medicaid	111292
waiver component" means a medicaid waiver component as defined in	111293
section 5111.85 of the Revised Code under which home and	111294
community-based services are provided.	111295

(B) Effective July 1, 2007, and except as provided in rules	111296
adopted under section 5123.0413 of the Revised Code, each county	111297
board of mental retardation and developmental disabilities shall	111298
ensure, for each medicaid waiver component, that the number of	111299
individuals eligible under section 5126.041 of the Revised Code	111300
for services from the county board who are enrolled in a medicaid	111301
waiver component is no less than the sum of the following:	111302

(1) The number of individuals eligible for services from the	111303
county board who are enrolled in the medicaid waiver component on	111304
June 30, 2007;	111305

(2) The number of medicaid waiver component slots the county	111306
board requested before July 1, 2007, that were assigned to the	111307
county board before that date but in which no individual was	111308
enrolled before that date.	111309

(C) An individual enrolled in a medicaid waiver component	111310
after March 1, 2007, due to an emergency reserve capacity waiver	111311
assignment shall not be counted in determining the number of	111312
individuals a county board must ensure under division (B) of this	111313
section are enrolled in a medicaid waiver component.	111314

(D) An individual who is enrolled in a medicaid waiver	111315
component to comply with the terms of the consent order filed	111316
March 5, 2007, in Martin v. Strickland, Case No. 89-CV-00362, in	111317
the United States district court for the southern district of	111318
Ohio, eastern division, shall be excluded in determining whether a	111319
county board has complied with division (B) of this section.	111320

(E) A county board shall make as many requests for	111321
individuals to be enrolled in a medicaid waiver component as	111322
necessary for the county board to comply with division (B) of this	111323
section.	111324

Sec. 5126.19. (A) The director of mental retardation and	111325
developmental disabilities may grant temporary funding from the	111326
community mental retardation and developmental disabilities trust	111327
fund based on allocations to county boards of mental retardation	111328
and developmental disabilities. The director may distribute all or	111329
part of the funding directly to a county board, the persons who	111330
provide the services for which the funding is granted, or persons	111331
with mental retardation or developmental disabilities who are to	111332
receive those services.	111333

(B) Funding granted under division (A) of this section shall	111334
be granted according to the availability of moneys in the fund and	111335
priorities established by the director. Funding may be granted for	111336
any of the following purposes:	111337

(1) Behavioral or short-term interventions for persons with	111338
mental retardation or developmental disabilities that assist them	111339
in remaining in the community by preventing institutionalization;	111340

(2) Emergency respite care services, as defined in section	111341
5126.11 of the Revised Code;	111342

(3) Family support services provided under section 5126.11 of	111343
the Revised Code;	111344

(4) Supported living, as defined in section 5126.01 of the	111345
Revised Code;	111346

(5) Staff training for county board employees, employees of	111347
providers of residential services as defined in section 5126.01 of	111348
the Revised Code, and other personnel under contract with a county	111349
board, to provide the staff with necessary training in serving	111350
mentally retarded or developmentally disabled persons in the	111351
community;	111352

(6) Short-term provision of early childhood services provided	111353
under section 5126.05, adult services provided under sections	111354
5126.05 and 5126.051, and service and support administration	111355
provided under section 5126.15 of the Revised Code, when local	111356
moneys are insufficient to meet the need for such services due to	111357
the successive failure within a two-year period of three or more	111358
proposed levies for the services;	111359

(7) Contracts with providers of residential services to	111360
maintain persons with mental retardation and developmental	111361
disabilities in their programs and avoid institutionalization.	111362

(C) If the trust fund contains more than ten million dollars	111363
on the first day of July the director shall use one million	111364
dollars for payments under section 5126.18 of the Revised Code,	111365
two million dollars for subsidies to county boards for supported	111366
living, and one million dollars for subsidies to county boards	111367
for early childhood services and adult services provided under	111368
section 5126.05 of the Revised Code. Distributions of funds under	111369
this division shall be made prior to August 31 of the state fiscal	111370
year in which the funds are available. The funds shall be	111371
allocated to a county board in an amount equal to the same	111372
percentage of the total amount allocated to the county board the	111373
immediately preceding state fiscal year.	111374

~~(D) In addition to making grants under division (A) of this~~	111375
~~section, the director may use money available in the trust fund~~	111376
~~for the same purposes that rules adopted under section 5123.0413~~	111377
~~of the Revised Code provide for money in the state MR/DD risk fund~~	111378
~~and the state insurance against MR/DD risk fund, both created~~	111379
~~under that section, to be used.~~	111380

Sec. 5126.24. (A) As used in this section:

111381

(1) "License" means an educator license issued by the state	111382
board of education under section 3319.22 of the Revised Code or a	111383
certificate issued by the department of mental retardation and	111384
developmental disabilities.	111385

(2) "Teacher" means a person employed by a county board of	111386
mental retardation and developmental disabilities in a position	111387
that requires a license.	111388

(3) "Nonteaching employee" means a person employed by a	111389
county board of mental retardation and developmental disabilities	111390
in a position that does not require a license.	111391

(4) "Years of service" includes all service described in	111392
division (A) of section 3317.13 of the Revised Code.	111393

(B) Subject to rules established by the director of mental	111394
retardation and developmental disabilities pursuant to Chapter	111395
119. of the Revised Code, each county board of mental retardation	111396
and developmental disabilities shall annually adopt separate	111397
salary schedules for teachers and nonteaching employees.	111398

(C) The teachers' salary schedule shall provide for	111399
increments based on training and years of service. The board may	111400
establish its own service requirements provided no teacher	111401
receives less than the salary the teacher would be paid under	111402
section 3317.13 of the Revised Code if the teacher were employed	111403
by a school district board of education and provided full credit	111404
for a minimum of five years of actual teaching and military	111405
experience as defined in division (A) of such section is given to	111406
each teacher.	111407

Each teacher who has completed training that would qualify	111408
the teacher for a higher salary bracket pursuant to this section	111409
shall file by the fifteenth day of September with the fiscal	111410
officer of the board, satisfactory evidence of the completion of	111411
such additional training. The fiscal officer shall then	111412
immediately place the teacher, pursuant to this section, in the	111413
proper salary bracket in accordance with training and years of	111414
service. No teacher shall be paid less than the salary to which	111415
the teacher would be entitled under section 3317.13 of the Revised	111416
Code if the teacher were employed by a school district board of	111417
education.	111418

The superintendent of each county board, on or before the	111419
fifteenth day of October of each year, shall certify to the state	111420
board of education the name of each teacher employed, on an annual	111421
salary, in each special education program operated pursuant to	111422
section 3323.09 of the Revised Code during the first full school	111423
week of October. The superintendent further shall certify, for	111424
each teacher, the number of years of training completed at a	111425
recognized college, the degrees earned from a college recognized	111426
by the state board, the type of license held, the number of months	111427
employed by the board, the annual salary, and other information	111428
that the state board may request.	111429

(D) The nonteaching employees' salary schedule established by	111430
the board shall be based on training, experience, and	111431
qualifications with initial salaries no less than salaries in	111432
effect on July 1, 1985. Each board shall prepare and may amend	111433
from time to time, specifications descriptive of duties,	111434
responsibilities, requirements, and desirable qualifications of	111435
the classifications of employees required to perform the duties	111436
specified in the salary schedule. All nonteaching employees shall	111437
be notified of the position classification to which they are	111438
assigned and the salary for the classification. The compensation	111439
of all nonteaching employees working for a particular board shall	111440
be uniform for like positions except as compensation would be	111441
affected by salary increments based upon length of service.	111442

On the fifteenth day of October of each year the nonteaching	111443
employees' salary schedule and list of job classifications and	111444
salaries in effect on that date shall be filed by each board with	111445
the superintendent of public instruction. If such salary schedule	111446
and classification plan is not filed, the superintendent of public	111447
instruction shall order the board to file such schedule and list	111448
forthwith. If this condition is not corrected within ten days	111449
after receipt of the order from the superintendent, no money shall	111450
be distributed to the district under Chapter 3306. or 3317. of the	111451
Revised Code until the superintendent has satisfactory evidence of	111452
the board's full compliance with such order.	111453

Sec. 5139.43. (A) The department of youth services shall	111454
operate a felony delinquent care and custody program that shall be	111455
operated in accordance with the formula developed pursuant to	111456
section 5139.41 of the Revised Code, subject to the conditions	111457
specified in this section.	111458

(B)(1) Each juvenile court shall use the moneys disbursed to	111459
it by the department of youth services pursuant to division (B) of	111460
section 5139.41 of the Revised Code in accordance with the	111461
applicable provisions of division (B)(2) of this section and shall	111462
transmit the moneys to the county treasurer for deposit in	111463
accordance with this division. The county treasurer shall create	111464
in the county treasury a fund that shall be known as the felony	111465
delinquent care and custody fund and shall deposit in that fund	111466
the moneys disbursed to the juvenile court pursuant to division	111467
(B) of section 5139.41 of the Revised Code. The county treasurer	111468
also shall deposit into that fund the state subsidy funds granted	111469
to the county pursuant to section 5139.34 of the Revised Code. The	111470
moneys disbursed to the juvenile court pursuant to division (B) of	111471
section 5139.41 of the Revised Code and deposited pursuant to this	111472
division in the felony delinquent care and custody fund shall not	111473
be commingled with any other county funds except state subsidy	111474
funds granted to the county pursuant to section 5139.34 of the	111475
Revised Code; shall not be used for any capital construction	111476
projects; upon an order of the juvenile court and subject to	111477
appropriation by the board of county commissioners, shall be	111478
disbursed to the juvenile court for use in accordance with the	111479
applicable provisions of division (B)(2) of this section; shall	111480
not revert to the county general fund at the end of any fiscal	111481
year; and shall carry over in the felony delinquent care and	111482
custody fund from the end of any fiscal year to the next fiscal	111483
year. AtThe maximum balance carry-over at the end of each	111484
respective fiscal year~~, beginning June 30, 2008, the balance~~ in	111485
the felony delinquent care and custody fund in any county ~~shall~~	111486
~~not exceed the total moneys~~from funds allocated to the county	111487
pursuant to sections 5139.34 and 5139.41 of the Revised Code	111488
~~during~~in the previous fiscal year shall not exceed an amount to	111489
be calculated as provided in the formula set forth in this	111490
division, unless that county has applied for and been granted an	111491
exemption by the director of youth services. Beginning June 30,	111492
2008, the maximum balance carry-over at the end of each respective	111493
fiscal year shall be determined by the following formula: for	111494
fiscal year 2008, the maximum balance carry-over shall be one	111495
hundred per cent of the allocation for fiscal year 2007, to be	111496
applied in determining the fiscal year 2009 allocation; for fiscal	111497
year 2009, it shall be fifty per cent of the allocation for fiscal	111498
year 2008, to be applied in determining the fiscal year 2010	111499
allocation; for fiscal year 2010, it shall be twenty-five per cent	111500
of the allocation for fiscal year 2009, to be applied in	111501
determining the fiscal year 2011 allocation; and for each fiscal	111502
year subsequent to fiscal year 2010, it shall be twenty-five per	111503
cent of the allocation for the immediately preceding fiscal year,	111504
to be applied in determining the allocation for the next immediate	111505
fiscal year. The department shall withhold from future payments to	111506
a county an amount equal to any moneys in the felony delinquent	111507
care and custody fund of the county that exceed the total ~~moneys~~	111508
~~allocated pursuant to those sections to the county during the~~	111509
~~preceding fiscal year~~maximum balance carry-over that applies for	111510
that county for the fiscal year in which the payments are being	111511
made and shall reallocate the withheld amount. The department	111512
shall adopt rules for the withholding and reallocation of moneys	111513
disbursed under sections 5139.34 and 5139.41 of the Revised Code	111514
and for the criteria and process for a county to obtain an	111515
exemption from the withholding requirement. The moneys disbursed	111516
to the juvenile court pursuant to division (B) of section 5139.41	111517
of the Revised Code and deposited pursuant to this division in	111518
the felony delinquent care and custody fund shall be in addition	111519
to, and shall not be used to reduce, any usual annual increase in	111520
county funding that the juvenile court is eligible to receive or	111521
the current level of county funding of the juvenile court and of	111522
any programs or services for delinquent children, unruly	111523
children, or juvenile traffic offenders.	111524

(2)(a) A county and the juvenile court that serves the county	111525
shall use the moneys in its felony delinquent care and custody	111526
fund in accordance with rules that the department of youth	111527
services adopts pursuant to division (D) of section 5139.04 of the	111528
Revised Code and as follows:	111529

(i) The moneys in the fund that represent state subsidy funds	111530
granted to the county pursuant to section 5139.34 of the Revised	111531
Code shall be used to aid in the support of prevention, early	111532
intervention, diversion, treatment, and rehabilitation programs	111533
that are provided for alleged or adjudicated unruly children or	111534
delinquent children or for children who are at risk of becoming	111535
unruly children or delinquent children. The county shall not use	111536
for capital improvements more than fifteen per cent of the moneys	111537
in the fund that represent the applicable annual grant of those	111538
state subsidy funds.	111539

(ii) The moneys in the fund that were disbursed to the	111540
juvenile court pursuant to division (B) of section 5139.41 of the	111541
Revised Code and deposited pursuant to division (B)(1) of this	111542
section in the fund shall be used to provide programs and services	111543
for the training, treatment, or rehabilitation of felony	111544
delinquents that are alternatives to their commitment to the	111545
department, including, but not limited to, community residential	111546
programs, day treatment centers, services within the home, and	111547
electronic monitoring, and shall be used in connection with	111548
training, treatment, rehabilitation, early intervention, or other	111549
programs or services for any delinquent child, unruly child, or	111550
juvenile traffic offender who is under the jurisdiction of the	111551
juvenile court.	111552

The fund also may be used for prevention, early intervention,	111553
diversion, treatment, and rehabilitation programs that are	111554
provided for alleged or adjudicated unruly children, delinquent	111555
children, or juvenile traffic offenders or for children who are at	111556
risk of becoming unruly children, delinquent children, or juvenile	111557
traffic offenders. Consistent with division (B)(1) of this	111558
section, a county and the juvenile court of a county shall not use	111559
any of those moneys for capital construction projects.	111560

(iii) Moneys in the fund shall not be used to support	111561
programs or services that do not comply with federal juvenile	111562
justice and delinquency prevention core requirements or to support	111563
programs or services that research has shown to be ineffective.	111564

(iv) The county and the juvenile court that serves the	111565
county may use moneys in the fund to provide out-of-home	111566
placement of children only in detention centers, community	111567
rehabilitation centers, or community corrections facilities	111568
approved by the department pursuant to standards adopted by the	111569
department, licensed by an authorized state agency, or accredited	111570
by the American correctional association or another national	111571
organization recognized by the department.	111572

(b) Each juvenile court shall comply with division (B)(3)(d)	111573
of this section as implemented by the department. If a juvenile	111574
court fails to comply with division (B)(3)(d) of this section, the	111575
department shall not be required to make any disbursements in	111576
accordance with division (C) or (D) of section 5139.41 or division	111577
(C)(2) of section 5139.34 of the Revised Code.	111578

(3) In accordance with rules adopted by the department	111579
pursuant to division (D) of section 5139.04 of the Revised Code,	111580
each juvenile court and the county served by that juvenile court	111581
shall do all of the following that apply:	111582

(a) The juvenile court shall prepare an annual grant	111583
agreement and application for funding that satisfies the	111584
requirements of this section and section 5139.34 of the Revised	111585
Code and that pertains to the use, upon an order of the juvenile	111586
court and subject to appropriation by the board of county	111587
commissioners, of the moneys in its felony delinquent care and	111588
custody fund for specified programs, care, and services as	111589
described in division (B)(2)(a) of this section, shall submit that	111590
agreement and application to the county family and children first	111591
council, the regional family and children first council, or the	111592
local intersystem services to children cluster as described in	111593
sections 121.37 and 121.38 of the Revised Code, whichever is	111594
applicable, and shall file that agreement and application with the	111595
department for its approval. The annual grant agreement and	111596
application for funding shall include a method of ensuring equal	111597
access for minority youth to the programs, care, and services	111598
specified in it.	111599

The department may approve an annual grant agreement and	111600
application for funding only if the juvenile court involved has	111601
complied with the preparation, submission, and filing requirements	111602
described in division (B)(3)(a) of this section. If the juvenile	111603
court complies with those requirements and the department approves	111604
that agreement and application, the juvenile court and the county	111605
served by the juvenile court may expend the state subsidy funds	111606
granted to the county pursuant to section 5139.34 of the Revised	111607
Code only in accordance with division (B)(2)(a) of this section,	111608
the rules pertaining to state subsidy funds that the department	111609
adopts pursuant to division (D) of section 5139.04 of the Revised	111610
Code, and the approved agreement and application.	111611

(b) By the thirty-first day of August of each year, the	111612
juvenile court shall file with the department a report that	111613
contains all of the statistical and other information for each	111614
month of the prior state fiscal year. If the juvenile court fails	111615
to file the report required by division (B)(3)(b) of this section	111616
by the thirty-first day of August of any year, the department	111617
shall not disburse any payment of state subsidy funds to which the	111618
county otherwise is entitled pursuant to section 5139.34 of the	111619
Revised Code and shall not disburse pursuant to division (B) of	111620
section 5139.41 of the Revised Code the applicable allocation	111621
until the juvenile court fully complies with division (B)(3)(b) of	111622
this section.	111623

(c) If the department requires the juvenile court to prepare	111624
monthly statistical reports and to submit the reports on forms	111625
provided by the department, the juvenile court shall file those	111626
reports with the department on the forms so provided. If the	111627
juvenile court fails to prepare and submit those monthly	111628
statistical reports within the department's timelines, the	111629
department shall not disburse any payment of state subsidy funds	111630
to which the county otherwise is entitled pursuant to section	111631
5139.34 of the Revised Code and shall not disburse pursuant to	111632
division (B) of section 5139.41 of the Revised Code the applicable	111633
allocation until the juvenile court fully complies with division	111634
(B)(3)(c) of this section. If the juvenile court fails to prepare	111635
and submit those monthly statistical reports within one hundred	111636
eighty days of the date the department establishes for their	111637
submission, the department shall not disburse any payment of state	111638
subsidy funds to which the county otherwise is entitled pursuant	111639
to section 5139.34 of the Revised Code and shall not disburse	111640
pursuant to division (B) of section 5139.41 of the Revised Code	111641
the applicable allocation, and the state subsidy funds and the	111642
remainder of the applicable allocation shall revert to the	111643
department. If a juvenile court states in a monthly statistical	111644
report that the juvenile court adjudicated within a state fiscal	111645
year five hundred or more children to be delinquent children for	111646
committing acts that would be felonies if committed by adults and	111647
if the department determines that the data in the report may be	111648
inaccurate, the juvenile court shall have an independent auditor	111649
or other qualified entity certify the accuracy of the data on a	111650
date determined by the department.	111651

(d) If the department requires the juvenile court and the	111652
county to participate in a fiscal monitoring program or another	111653
monitoring program that is conducted by the department to ensure	111654
compliance by the juvenile court and the county with division (B)	111655
of this section, the juvenile court and the county shall	111656
participate in the program and fully comply with any guidelines	111657
for the performance of audits adopted by the department pursuant	111658
to that program and all requests made by the department pursuant	111659
to that program for information necessary to reconcile fiscal	111660
accounting. If an audit that is performed pursuant to a fiscal	111661
monitoring program or another monitoring program described in this	111662
division determines that the juvenile court or the county used	111663
moneys in the county's felony delinquent care and custody fund for	111664
expenses that are not authorized under division (B) of this	111665
section, within forty-five days after the department notifies the	111666
county of the unauthorized expenditures, the county either shall	111667
repay the amount of the unauthorized expenditures from the county	111668
general revenue fund to the state's general revenue fund or shall	111669
file a written appeal with the department. If an appeal is timely	111670
filed, the director of the department shall render a decision on	111671
the appeal and shall notify the appellant county or its juvenile	111672
court of that decision within forty-five days after the date that	111673
the appeal is filed. If the director denies an appeal, the	111674
county's fiscal agent shall repay the amount of the unauthorized	111675
expenditures from the county general revenue fund to the state's	111676
general revenue fund within thirty days after receiving the	111677
director's notification of the appeal decision.	111678

(C) The determination of which county a reduction of the	111679
care and custody allocation will be charged against for a	111680
particular youth shall be made as outlined below for all youths	111681
who do not qualify as public safety beds. The determination of	111682
which county a reduction of the care and custody allocation will	111683
be charged against shall be made as follows until each youth is	111684
released:	111685

(1) In the event of a commitment, the reduction shall be	111686
charged against the committing county.	111687

(2) In the event of a recommitment, the reduction shall be	111688
charged against the original committing county until the	111689
expiration of the minimum period of institutionalization under the	111690
original order of commitment or until the date on which the youth	111691
is admitted to the department of youth services pursuant to the	111692
order of recommitment, whichever is later. Reductions of the	111693
allocation shall be charged against the county that recommitted	111694
the youth after the minimum expiration date of the original	111695
commitment.	111696

(3) In the event of a revocation of a release on parole, the	111697
reduction shall be charged against the county that revokes the	111698
youth's parole.	111699

(D) A juvenile court is not precluded by its allocation	111700
amount for the care and custody of felony delinquents from	111701
committing a felony delinquent to the department of youth services	111702
for care and custody in an institution or a community corrections	111703
facility when the juvenile court determines that the commitment is	111704
appropriate.	111705

Sec. 5153.163. (A) As used in this section, "adoptive	111706
parent" means, as the context requires, a prospective adoptive	111707
parent or an adoptive parent.	111708

(B)(1) Before a child's adoption is finalized, a public	111709
children services agency ~~shall~~may enter into an agreement with	111710
the child's adoptive parent under which the agency ~~shall~~, to the	111711
extent state funds are available, may make state adoption	111712
maintenance subsidy payments as needed on behalf of the child when	111713
all of the following apply:	111714

(a) The child is a child with special needs.

111715

(b) The child was placed in the adoptive home by a public	111716
children services agency or a private child placing agency and may	111717
legally be adopted.	111718

(c) The adoptive parent has the capability of providing the	111719
permanent family relationships needed by the child.	111720

(d) The needs of the child are beyond the economic resources	111721
of the adoptive parent.	111722

(e) Acceptance of the child as a member of the adoptive	111723
parent's family would not be in the child's best interest without	111724
payments on the child's behalf under this section.	111725

(f) The gross income of the adoptive parent's family does not	111726
exceed one hundred twenty per cent of the median income of a	111727
family of the same size, including the child, as most recently	111728
determined for this state by the secretary of health and human	111729
services under Title XX of the "Social Security Act," 88 Stat.	111730
2337, 42 U.S.C.A. 1397, as amended.	111731

(g) The child is not eligible for adoption assistance	111732
payments under Title IV-E of the "Social Security Act," 94 Stat.	111733
501 (1980), 42 U.S.C.A. 671, as amended.	111734

(2) State adoption maintenance subsidy payment agreements	111735
must be made by either the public children services agency that	111736
has permanent custody of the child or the public children services	111737
agency of the county in which the private child placing agency	111738
that has permanent custody of the child is located.	111739

(3) State adoption maintenance subsidy payments shall be made	111740
in accordance with the agreement between the public children	111741
services agency and the adoptive parent and are subject to an	111742
annual redetermination of need.	111743

(4) Payments under this division may begin either before or	111744
after issuance of the final adoption decree, except that payments	111745
made before issuance of the final adoption decree may be made only	111746
while the child is living in the adoptive parent's home.	111747
Preadoption payments may be made for not more than twelve months,	111748
unless the final adoption decree is not issued within that time	111749
because of a delay in court proceedings. Payments that begin	111750
before issuance of the final adoption decree may continue after	111751
its issuance.	111752

(C)(1) If, after the child's adoption is finalized, a public	111753
children services agency considers a child residing in the county	111754
served by the agency to be in need of public care or protective	111755
services, the agency may, to the extent state funds are	111756
~~appropriated~~available for this purpose, enter into an agreement	111757
with the child's adoptive parent under which the agency ~~shall~~may	111758
make post adoption special services subsidy payments on behalf of	111759
the child as needed when both of the following apply:	111760

(a) The child has a physical or developmental handicap or	111761
mental or emotional condition that either:	111762

(i) Existed before the adoption petition was filed; or

111763

(ii) Developed after the adoption petition was filed and can	111764
be directly attributed to factors in the child's preadoption	111765
background, medical history, or biological family's background or	111766
medical history.	111767

(b) The agency determines the expenses necessitated by the	111768
child's handicap or condition are beyond the adoptive parent's	111769
economic resources.	111770

(2) Services for which a public children services agency may	111771
make post adoption special services subsidy payments on behalf of	111772
a child under this division shall include medical, surgical,	111773
psychiatric, psychological, and counseling services, including	111774
residential treatment.	111775

(3) The department of job and family services shall establish	111776
clinical standards to evaluate a child's physical or developmental	111777
handicap or mental or emotional condition and assess the child's	111778
need for services.	111779

(4) The total dollar value of post adoption special services	111780
subsidy payments made on a child's behalf shall not exceed ten	111781
thousand dollars in any fiscal year, unless the department	111782
determines that extraordinary circumstances exist that necessitate	111783
further funding of services for the child. Under such	111784
extraordinary circumstances, the value of the payments made on the	111785
child's behalf shall not exceed fifteen thousand dollars in any	111786
fiscal year.	111787

(5) The adoptive parent or parents of a child who receives	111788
post adoption special services subsidy payments shall pay at least	111789
five per cent of the total cost of all services provided to the	111790
child; except that a public children services agency may waive	111791
this requirement if the gross annual income of the child's	111792
adoptive family is not more than two hundred per cent of the	111793
federal poverty guideline.	111794

(6) A public children services agency may use other sources	111795
of revenue to make post adoption special services subsidy	111796
payments, in addition to any state funds appropriated for that	111797
purpose.	111798

(D) No payment shall be made under division (B) or (C) of	111799
this section on behalf of any person eighteen years of age or	111800
older beyond the end of the school year during which the person	111801
attains the age of eighteen or on behalf of a mentally or	111802
physically handicapped person twenty-one years of age or older.	111803

(E) The director of job and family services shall adopt rules	111804
in accordance with Chapter 119. of the Revised Code that are	111805
needed to implement this section. The rules shall establish all of	111806
the following:	111807

(1) The application process for all forms of assistance	111808
provided under this section;	111809

(2) The method to determine the amount of assistance payable	111810
under division (B) of this section;	111811

(3) The definition of "child with special needs" for this	111812
section;	111813

(4) The process whereby a child's continuing need for	111814
services provided under division (B) of this section is annually	111815
redetermined;	111816

(5) The method of determining the amount, duration, and scope	111817
of services provided to a child under division (C) of this	111818
section;	111819

(6) Any other rule, requirement, or procedure the department	111820
considers appropriate for the implementation of this section.	111821

(F) The state adoption special services subsidy program	111822
ceases to exist on July 1, 2004, except that, subject to the	111823
findings of the annual redetermination process established under	111824
division (E) of this section and the child's individual need for	111825
services, a public children services agency may continue to	111826
provide state adoption special services subsidy payments on behalf	111827
of a child for whom payments were being made prior to July 1,	111828
2004.	111829

(G) No public children services agency shall, pursuant to	111830
either section 2151.353 or 5103.15 of the Revised Code, place or	111831
maintain a child with special needs who is in the permanent	111832
custody of an institution or association certified by the	111833
department of job and family services under section 5103.03 of the	111834
Revised Code in a setting other than with a person seeking to	111835
adopt the child, unless the agency has determined and redetermined	111836
at intervals of not more than six months the impossibility of	111837
adoption by a person ~~listed pursuant to division (B), (C), or (D)~~	111838
~~of section 5103.154 of the Revised Code~~who wishes to adopt	111839
children, and is approved by an agency so empowered under Chapter	111840
5103. of the Revised Code, or by a person who wishes to adopt a	111841
child with special needs as defined in rules adopted under this	111842
section, and who is approved by an agency so empowered under	111843
Chapter 5103. of the Revised Code, including the impossibility of	111844
entering into a payment agreement with such a person. The agency	111845
so maintaining such a child shall report its reasons for doing so	111846
to the department of job and family services.	111847

The department may take any action permitted under section	111848
5101.24 of the Revised Code for an agency's failure to determine,	111849
redetermine, and report on a child's status.	111850

Sec. 5155.38. As used in this section, "long-term care bed"	111851
has the same meaning as in section 3702.51 of the Revised Code.	111852

The operator of each county home and each county nursing home	111853
shall, not later than November 1, 2009, certify to the director of	111854
health the number of long-term care beds that were in operation in	111855
the home on July 1, 1993. The certification shall be accompanied	111856
by any documentation requested by the director.	111857

Sec. 5501.04. The following divisions are hereby established	111858
in the department of transportation:	111859

(A) The division of business services;

111860

(B) The division of engineering policy;

111861

111862

(D) The division of human resources;

111863

(E) The division of information technology;

111864

(F) The division of multi-modal planning and programs;

111865

(G) The division of project management;

111866

(H) The division of equal opportunity.

111867

The director of transportation shall distribute the duties,	111868
powers, and functions of the department among the divisions of the	111869
department.	111870

Each division shall be headed by a deputy director, whose	111871
title shall be designated by the director, and shall include those	111872
other officers and employees as may be necessary to carry out the	111873
work of the division. The director shall appoint the deputy	111874
director of each division, who shall be in the unclassified civil	111875
service of the state and shall serve at the pleasure of the	111876
director. The director shall supervise the work of each division	111877
and shall be responsible for the determination of general policies	111878
in the performance of the duties, powers, and functions of the	111879
department and of each division. The director shall have complete	111880
executive charge of the department, shall be responsible for the	111881
organization, direction, and supervision of the work of the	111882
department and the performance of the duties, powers, and	111883
functions assigned to each division, and may establish necessary	111884
administrative units therein. The deputy director of each	111885
division, with the approval of the director and subject to Chapter	111886
124. of the Revised Code, shall appoint the necessary employees of	111887
the division and may remove such employees for cause.	111888

The division of equal opportunity shall ensure that minority	111889
groups and all groups protected by state and federal civil rights	111890
laws are afforded equal opportunity to be recruited, trained, and	111891
work in the employment of or on projects of the department of	111892
transportation, and to participate in contracts awarded by the	111893
department. The director of transportation each year shall report	111894
to the governor and the general assembly on the division's	111895
activities and accomplishments.	111896

Sec. 5502.01. (A) The department of public safety shall	111897
administer and enforce the laws relating to the registration,	111898
licensing, sale, and operation of motor vehicles and the laws	111899
pertaining to the licensing of drivers of motor vehicles.	111900

The department shall compile, analyze, and publish statistics	111901
relative to motor vehicle accidents and the causes of them,	111902
prepare and conduct educational programs for the purpose of	111903
promoting safety in the operation of motor vehicles on the	111904
highways, and conduct research and studies for the purpose of	111905
promoting safety on the highways of this state.	111906

(B) The department shall administer the laws and rules	111907
relative to trauma and emergency medical services specified in	111908
Chapter 4765. of the Revised Code.	111909

(C) The department shall administer and enforce the laws	111910
contained in Chapters 4301. and 4303. of the Revised Code and	111911
enforce the rules and orders of the liquor control commission	111912
pertaining to retail liquor permit holders.	111913

(D) The department shall administer the laws governing the	111914
state emergency management agency and shall enforce all additional	111915
duties and responsibilities as prescribed in the Revised Code	111916
related to emergency management services.	111917

(E) The department shall conduct investigations pursuant to	111918
Chapter 5101. of the Revised Code in support of the duty of the	111919
department of job and family services to administer ~~food stamp~~	111920
~~programs~~the supplemental nutrition assistance program throughout	111921
this state. The department of public safety shall conduct	111922
investigations necessary to protect the state's property rights	111923
and interests in the ~~food stamp~~supplemental nutrition assistance	111924
program.	111925

(F) The department of public safety shall enforce compliance	111926
with orders and rules of the public utilities commission and	111927
applicable laws in accordance with Chapters 4919., 4921., and	111928
4923. of the Revised Code regarding commercial motor vehicle	111929
transportation safety, economic, and hazardous materials	111930
requirements.	111931

(G) Notwithstanding Chapter 4117. of the Revised Code, the	111932
department of public safety may establish requirements for its	111933
enforcement personnel, including its enforcement agents described	111934
in section 5502.14 of the Revised Code, that include standards of	111935
conduct, work rules and procedures, and criteria for eligibility	111936
as law enforcement personnel.	111937

(H) The department shall administer, maintain, and operate	111938
the Ohio criminal justice network. The Ohio criminal justice	111939
network shall be a computer network that supports state and local	111940
criminal justice activities. The network shall be an electronic	111941
repository for various data, which may include arrest warrants,	111942
notices of persons wanted by law enforcement agencies, criminal	111943
records, prison inmate records, stolen vehicle records, vehicle	111944
operator's licenses, and vehicle registrations and titles.	111945

(I) The department shall coordinate all homeland security	111946
activities of all state agencies and shall be a liaison between	111947
state agencies and local entities for those activities and related	111948
purposes.	111949

(J) Beginning July 1, 2004, the department shall administer	111950
and enforce the laws relative to private investigators and	111951
security service providers specified in Chapter 4749. of the	111952
Revised Code.	111953

(K) The department shall administer criminal justice services	111954
in accordance with sections 5502.61 to 5502.66 of the Revised	111955
Code.	111956

Sec. 5502.12. (A) The accident reports submitted pursuant to	111957
section 5502.11 of the Revised Code shall be for the use of the	111958
director of public safety for purposes of statistical, safety, and	111959
other studies. The law enforcement agency that submitted a report	111960
shall furnish a copy of such report and associated documents to	111961
any person claiming an interest arising out of a motor vehicle	111962
accident, or to the person's attorney, upon the payment of a	111963
nonrefundable fee ~~that shall not exceed~~of four dollars or the	111964
amount approved by the board of county commissioners of the county	111965
in which the law enforcement agency is located as provided in	111966
division (B) of this section. With respect to accidents	111967
investigated by the state highway patrol, the director of public	111968
safety shall furnish to such person all related reports and	111969
statements upon the payment of a nonrefundable fee of four	111970
dollars. The cost of photographs or any other electronic format	111971
shall be a four-dollar fee in addition to the nonrefundable	111972
four-dollar fee for the accident report, whether the report was	111973
submitted by the state highway patrol or another law enforcement	111974
agency. A law enforcement agency may charge a fee that is in	111975
excess of four dollars for photographs and other electronic	111976
formats if such a fee is approved by a board of county	111977
commissioners of the county in which the law enforcement agency is	111978
located as provided in division (B) of this section.	111979

Such state highway patrol reports, statements, and	111980
photographs, in the discretion of the director of public safety,	111981
may be withheld until all criminal prosecution has been concluded;	111982
the director of public safety may require proof, satisfactory to	111983
the director, of the right of any applicant to be furnished such	111984
documents.	111985

(B) If, after the effective date of this amendment, the state	111986
highway patrol is authorized to charge a nonrefundable fee in	111987
excess of four dollars for an accident report relating to an	111988
accident investigated by the state highway patrol and all related	111989
reports and statements or a fee in excess of four dollars for	111990
photographs or other electronic formats related to an accident	111991
report, a law enforcement agency described in section 5502.11 of	111992
the Revised Code shall be authorized to charge that same fee for	111993
an accident report relating to an accident investigated by that	111994
law enforcement agency and all related reports and statements or	111995
for photographs or other electronic formats related to an accident	111996
report investigated by that law enforcement agency upon approval	111997
of the board of county commissioners of the county in which that	111998
law enforcement agency is located.	111999

Sec. 5502.14. (A) As used in this section, "felony" has the	112000
same meaning as in section 109.511 of the Revised Code.	112001

(B)(1) Any person who is employed by the department of public	112002
safety and designated by the director of public safety to enforce	112003
Title XLIII of the Revised Code, the rules adopted under it, and	112004
the laws and rules regulating the use of ~~food stamps~~supplemental	112005
nutrition assistance program benefits shall be known as an	112006
enforcement agent. The employment by the department of public	112007
safety and the designation by the director of public safety of a	112008
person as an enforcement agent shall be subject to division (D) of	112009
this section. An enforcement agent has the authority vested in	112010
peace officers pursuant to section 2935.03 of the Revised Code to	112011
keep the peace, to enforce all applicable laws and rules on any	112012
retail liquor permit premises, or on any other premises of public	112013
or private property, where a violation of Title XLIII of the	112014
Revised Code or any rule adopted under it is occurring, and to	112015
enforce all laws and rules governing the use of ~~food stamp coupons~~	112016
supplemental nutrition assistance program benefits, women,	112017
infants, and children's coupons, electronically transferred	112018
benefits, or any other access device that is used alone or in	112019
conjunction with another access device to obtain payments,	112020
allotments, benefits, money, goods, or other things of value, or	112021
that can be used to initiate a transfer of funds, pursuant to the	112022
~~food stamp~~supplemental nutrition assistance program established	112023
under the "Food ~~Stamp~~and Nutrition Act of ~~1977," 91 Stat. 958,~~	112024
2008 (7 U.S.C.A. 2011~~, as amended,~~et seq.) or any supplemental	112025
food program administered by any department of this state pursuant	112026
to the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A.	112027
1786. Enforcement agents, in enforcing compliance with the laws	112028
and rules described in this division, may keep the peace and make	112029
arrests for violations of those laws and rules.	112030

(2) In addition to the authority conferred by division (B)(1)	112031
of this section, an enforcement agent also may execute search	112032
warrants and seize and take into custody any contraband, as	112033
defined in section 2901.01 of the Revised Code, or any property	112034
that is otherwise necessary for evidentiary purposes related to	112035
any violations of the laws or rules described in division (B)(1)	112036
of this section. An enforcement agent may enter public or private	112037
premises where activity alleged to violate the laws or rules	112038
described in division (B)(1) of this section is occurring.	112039

(3) Enforcement agents who are on, immediately adjacent to,	112040
or across from retail liquor permit premises and who are	112041
performing investigative duties relating to that premises,	112042
enforcement agents who are on premises that are not liquor permit	112043
premises but on which a violation of Title XLIII of the Revised	112044
Code or any rule adopted under it allegedly is occurring, and	112045
enforcement agents who view a suspected violation of Title XLIII	112046
of the Revised Code, of a rule adopted under it, or of another law	112047
or rule described in division (B)(1) of this section have the	112048
authority to enforce the laws and rules described in division	112049
(B)(1) of this section, authority to enforce any section in Title	112050
XXIX of the Revised Code or any other section of the Revised Code	112051
listed in section 5502.13 of the Revised Code if they witness a	112052
violation of the section under any of the circumstances described	112053
in this division, and authority to make arrests for violations of	112054
the laws and rules described in division (B)(1) of this section	112055
and violations of any of those sections.	112056

(4) The jurisdiction of an enforcement agent under division	112057
(B) of this section shall be concurrent with that of the peace	112058
officers of the county, township, or municipal corporation in	112059
which the violation occurs.	112060

(C) Enforcement agents of the department of public safety who	112061
are engaged in the enforcement of the laws and rules described in	112062
division (B)(1) of this section may carry concealed weapons when	112063
conducting undercover investigations pursuant to their authority	112064
as law enforcement officers and while acting within the scope of	112065
their authority pursuant to this chapter.	112066

(D)(1) The department of public safety shall not employ, and	112067
the director of public safety shall not designate, a person as an	112068
enforcement agent on a permanent basis, on a temporary basis, for	112069
a probationary term, or on other than a permanent basis if the	112070
person previously has been convicted of or has pleaded guilty to a	112071
felony.	112072

(2)(a) The department of public safety shall terminate the	112073
employment of a person who is designated as an enforcement agent	112074
and who does either of the following:	112075

(i) Pleads guilty to a felony;

112076

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	112077
plea agreement as provided in division (D) of section 2929.43 of	112078
the Revised Code in which the enforcement agent agrees to	112079
surrender the certificate awarded to that agent under section	112080
109.77 of the Revised Code.	112081

(b) The department shall suspend the employment of a person	112082
who is designated as an enforcement agent if the person is	112083
convicted, after trial, of a felony. If the enforcement agent	112084
files an appeal from that conviction and the conviction is upheld	112085
by the highest court to which the appeal is taken or if no timely	112086
appeal is filed, the department shall terminate the employment of	112087
that agent. If the enforcement agent files an appeal that results	112088
in that agent's acquittal of the felony or conviction of a	112089
misdemeanor, or in the dismissal of the felony charge against the	112090
agent, the department shall reinstate the agent. An enforcement	112091
agent who is reinstated under division (D)(2)(b) of this section	112092
shall not receive any back pay unless the conviction of that agent	112093
of the felony was reversed on appeal, or the felony charge was	112094
dismissed, because the court found insufficient evidence to	112095
convict the agent of the felony.	112096

(3) Division (D) of this section does not apply regarding an	112097
offense that was committed prior to January 1, 1997.	112098

(4) The suspension or termination of the employment of a	112099
person designated as an enforcement agent under division (D)(2) of	112100
this section shall be in accordance with Chapter 119. of the	112101
Revised Code.	112102

Sec. 5502.15. Any funding provided or made available by the	112103
United States or by any agency designated and authorized by the	112104
United States government for the purposes of enforcing compliance	112105
with ~~food stamp~~supplemental nutrition assistance program laws	112106
shall be expended by the department of public safety for those	112107
purposes.	112108

Sec. 5505.15. (A)(1) A member of the state highway patrol	112109
retirement system shall contribute ten per cent of the member's	112110
annual salary to the state highway patrol retirement fund. The	112111
amount shall be deducted by the employer from the employee's	112112
salary for each payroll period.	112113

(2) The total contributions arising from deductions made	112114
prior to January 1, 1966, from the salaries of members in the	112115
employ of the state highway patrol and standing to the credit of	112116
their individual accounts in the retirement fund shall be	112117
transferred and credited to their respective individual accounts	112118
in the employees' savings fund.	112119

(B) The state shall annually pay into the employer	112120
accumulation fund, in monthly or less frequent installments as the	112121
state highway patrol retirement board requires, ~~an amount that~~	112122
~~shall be a certain percentage of the total salaries paid~~	112123
~~contributing members and shall be known as~~ the "employer	112124
contribution."The employer contribution shall be an amount equal	112125
to twenty-six and one-half per cent of the total salaries paid	112126
contributing members. If a member severs connection with the	112127
patrol or is dismissed, the employer contribution shall remain in	112128
the retirement system.	112129

The rate percentage of the employer contribution shall be	112130
certified by the board to the director of budget and management	112131
and shall not be lower than nine per cent of the total salaries	112132
paid contributing members and shall not exceed three times the	112133
rate percentage being deducted from the annual salaries of	112134
contributing members. The board shall prepare and submit to the	112135
director, on or before the first day of November of each	112136
even-numbered year, an estimate of the amounts necessary to pay	112137
the state's obligations accruing during the biennium beginning the	112138
first day of July of the following year. Such amounts shall be	112139
included in the budget and allocated as certified by the board.	112140

Sec. 5505.152. (A) As used in this section, "entry age	112141
normal actuarial cost method" means an actuarial cost method under	112142
which the actuarial present value of the projected benefits of	112143
each individual included in the valuation is allocated on a level	112144
basis over the earnings or service of the individual between the	112145
entry age and the assumed exit age, with the portion of the	112146
actuarial present value that is allocated to the valuation year to	112147
be the normal cost and the portion of the actuarial present value	112148
not provided for at the valuation date by the actuarial present	112149
value of future normal costs to be the actuarial accrued	112150
liability. Under this method, the actuarial gains or losses are	112151
reflected as they occur in a decrease or increase in the unfunded	112152
actuarial accrued liability.	112153

(B) The Ohio retirement study council shall annually review	112154
the adequacy of the contribution rates provided under divisions	112155
(A) and (B) of section 5505.15 of the Revised Code and the	112156
contribution rates recommended in a report by the actuary of the	112157
state highway patrol retirement system for the forthcoming year.	112158

The actuarial calculations used by the actuary shall be based	112159
on the entry age normal actuarial cost method, and the adequacy of	112160
the contribution rates shall be reported on the basis of that	112161
method. The Ohio retirement study council shall make	112162
recommendations to the general assembly that it finds necessary	112163
for the proper financing of the benefits of the state highway	112164
patrol retirement system.	112165

Sec. 5525.26. Except as provided in federal law, if a	112166
project for the construction, reconstruction, or other improvement	112167
to a road or highway is administered by the department of	112168
transportation or any local public authority authorized under	112169
division (C) of section 5501.03 of the Revised Code, if the	112170
project is located in a municipal corporation with a population of	112171
at least four hundred thousand that is in a county with a	112172
population of at least one million two hundred thousand, and if	112173
the project is funded with at least one hundred thousand dollars	112174
from a political subdivision, then a contractor for the project	112175
shall comply with regulations or ordinances of the political	112176
subdivision that are in effect before July 1, 2009, and that	112177
specifically relate to the employment of residents and local	112178
businesses of the political subdivision in the performance of the	112179
work of the project, and such ordinances or regulations shall be	112180
included by reference unambiguously in the contract between the	112181
department of transportation or public authority and the	112182
contractor for the project.	112183

Sec. 5537.051. (A)(1) In any county that as of January 1,	112184
2009, had closed one or more roads as a result of grade separation	112185
failure at intersections of a turnpike project with a county or	112186
township road, the Ohio turnpike commission is responsible for	112187
the major maintenance and repair and replacement of such failed	112188
grade separations. The governmental entity with jurisdiction over	112189
the county or township road is responsible for routine	112190
maintenance of such failed grade separations.	112191

(2) This section does not apply to any grade separation at	112192
intersections of a turnpike project with a county or township road	112193
except as described in division (A)(1) of this section.	112194

(B) As used in this section:

112195

(1) "Major maintenance and repair and replacement" relates to	112196
all elements constructed as part of or required for a grade	112197
separation, including box culverts, bridges, pile, foundations,	112198
substructures, abutments, piers, superstructures, approach slabs,	112199
slopes, approaches, embankments, railing, guardrails, drainage	112200
facilities including headwalls, and underdrains, inlets, catch	112201
basins and grates, fences, and appurtenances. Major maintenance	112202
and repair includes the painting and the repair of deteriorated or	112203
damaged elements to restore the structural integrity of any grade	112204
separation including embankments.	112205

(2) "Routine maintenance" includes, without limitation,	112206
clearing debris, sweeping, snow and ice removal, wearing surface	112207
improvements, marking for traffic control, minor and emergency	112208
repairs to railing and appurtenances, and emergency patching.	112209

Sec. 5701.11. The effective date to which this section	112210
refers is the effective date of this section as amended by ~~Sub.~~	112211
H.B. ~~458~~1 of the ~~127th~~128th general assembly.	112212

(A)(1) Except as provided under division (A)(2) or (B) of	112213
this section, any reference in Title LVII of the Revised Code to	112214
the Internal Revenue Code, to the Internal Revenue Code "as	112215
amended," to other laws of the United States, or to other laws of	112216
the United States, "as amended," means the Internal Revenue Code	112217
or other laws of the United States as they exist on the effective	112218
date.	112219

(2) This section does not apply to any reference in Title	112220
LVII of the Revised Code to the Internal Revenue Code as of a date	112221
certain specifying the day, month, and year, or to other laws of	112222
the United States as of a date certain specifying the day, month,	112223
and year.	112224

(B)(1) For purposes of applying section 5733.04, 5745.01, or	112225
5747.01 of the Revised Code to a taxpayer's taxable year ending	112226
after December ~~21, 2007~~30, 2008, and before the effective date,	112227
a taxpayer may irrevocably elect to incorporate the provisions	112228
of the Internal Revenue Code or other laws of the United States	112229
that are in effect for federal income tax purposes for that	112230
taxable year if those provisions differ from the provisions	112231
that, under division (A) of this section, would otherwise apply.	112232
The filing by the taxpayer for that taxable year of a report or	112233
return that incorporates the provisions of the Internal Revenue	112234
Code or other laws of the United States applicable for federal	112235
income tax purposes for that taxable year, and that does not	112236
include any adjustments to reverse the effects of any	112237
differences between those provisions and the provisions that	112238
would otherwise apply, constitutes the making of an irrevocable	112239
election under this division for that taxable year.	112240

(2) Elections under prior versions of division (B)(1) of this	112241
section remain in effect for the taxable years to which they	112242
apply.	112243

Sec. 5703.21. (A) Except as provided in divisions (B) and	112244
(C) of this section, no agent of the department of taxation,	112245
except in the agent's report to the department or when called on	112246
to testify in any court or proceeding, shall divulge any	112247
information acquired by the agent as to the transactions,	112248
property, or business of any person while acting or claiming to	112249
act under orders of the department. Whoever violates this	112250
provision shall thereafter be disqualified from acting as an	112251
officer or employee or in any other capacity under appointment or	112252
employment of the department.	112253

(B)(1) For purposes of an audit pursuant to section 117.15 of	112254
the Revised Code, or an audit of the department pursuant to	112255
Chapter 117. of the Revised Code, or an audit, pursuant to that	112256
chapter, the objective of which is to express an opinion on a	112257
financial report or statement prepared or issued pursuant to	112258
division (A)(7) or (9) of section 126.21 of the Revised Code, the	112259
officers and employees of the auditor of state charged with	112260
conducting the audit shall have access to and the right to examine	112261
any state tax returns and state tax return information in the	112262
possession of the department to the extent that the access and	112263
examination are necessary for purposes of the audit. Any	112264
information acquired as the result of that access and examination	112265
shall not be divulged for any purpose other than as required for	112266
the audit or unless the officers and employees are required to	112267
testify in a court or proceeding under compulsion of legal	112268
process. Whoever violates this provision shall thereafter be	112269
disqualified from acting as an officer or employee or in any other	112270
capacity under appointment or employment of the auditor of state.	112271

(2) For purposes of an internal audit pursuant to section	112272
126.45 of the Revised Code, the officers and employees of the	112273
office of internal auditing in the office of budget and management	112274
charged with conducting the internal audit shall have access to	112275
and the right to examine any state tax returns and state tax	112276
return information in the possession of the department to the	112277
extent that the access and examination are necessary for purposes	112278
of the internal audit. Any information acquired as the result of	112279
that access and examination shall not be divulged for any purpose	112280
other than as required for the internal audit or unless the	112281
officers and employees are required to testify in a court or	112282
proceeding under compulsion of legal process. Whoever violates	112283
this provision shall thereafter be disqualified from acting as an	112284
officer or employee or in any other capacity under appointment or	112285
employment of the office of internal auditing.	112286

(3) As provided by section 6103(d)(2) of the Internal Revenue	112287
Code, any federal tax returns or federal tax information that the	112288
department has acquired from the internal revenue service, through	112289
federal and state statutory authority, may be disclosed to the	112290
auditor of state or the office of internal auditing solely for	112291
purposes of an audit of the department.	112292

(4) For purposes of Chapter 3739. of the Revised Code, an	112293
agent of the department of taxation may share information with the	112294
division of state fire marshal that the agent finds during the	112295
course of an investigation.	112296

(C) Division (A) of this section does not prohibit any of the	112297
following:	112298

(1) Divulging information contained in applications,	112299
complaints, and related documents filed with the department under	112300
section 5715.27 of the Revised Code or in applications filed with	112301
the department under section 5715.39 of the Revised Code;	112302

(2) Providing information to the office of child support	112303
within the department of job and family services pursuant to	112304
section 3125.43 of the Revised Code;	112305

(3) Disclosing to the board of motor vehicle collision repair	112306
registration any information in the possession of the department	112307
that is necessary for the board to verify the existence of an	112308
applicant's valid vendor's license and current state tax	112309
identification number under section 4775.07 of the Revised Code;	112310

(4) Providing information to the administrator of workers'	112311
compensation pursuant to sections 4123.271 and 4123.591 of the	112312
Revised Code;	112313

(5) Providing to the attorney general information the	112314
department obtains under division (J) of section 1346.01 of the	112315
Revised Code;	112316

(6) Permitting properly authorized officers, employees, or	112317
agents of a municipal corporation from inspecting reports or	112318
information pursuant to rules adopted under section 5745.16 of the	112319
Revised Code;	112320

(7) Providing information regarding the name, account number,	112321
or business address of a holder of a vendor's license issued	112322
pursuant to section 5739.17 of the Revised Code, a holder of a	112323
direct payment permit issued pursuant to section 5739.031 of the	112324
Revised Code, or a seller having a use tax account maintained	112325
pursuant to section 5741.17 of the Revised Code, or information	112326
regarding the active or inactive status of a vendor's license,	112327
direct payment permit, or seller's use tax account;	112328

(8) Releasing invoices or invoice information furnished under	112329
section 4301.433 of the Revised Code pursuant to that section;	112330

(9) Providing to a county auditor notices or documents	112331
concerning or affecting the taxable value of property in the	112332
county auditor's county. Unless authorized by law to disclose	112333
documents so provided, the county auditor shall not disclose such	112334
documents;	112335

(10) Providing to a county auditor sales or use tax return or	112336
audit information under section 333.06 of the Revised Code;	112337

(11) Subject to section 4301.441 of the Revised Code,	112338
disclosing to the appropriate state agency information in the	112339
possession of the department of taxation that is necessary to	112340
verify a permit holder's gallonage or noncompliance with taxes	112341
levied under Chapter 4301. or 4305. of the Revised Code.;	112342

(12) Disclosing to the department of natural resources	112343
information in the possession of the department that is necessary	112344
to verify the taxpayer's compliance with division (A)(1), (8), or	112345
(9) of section 5749.02 of the Revised Code;	112346

(13) Disclosing to the department of job and family services,	112347
industrial commission, and bureau of workers' compensation	112348
information in the possession of the department of taxation solely	112349
for the purpose of identifying employers that misclassify	112350
employees as independent contractors or that fail to properly	112351
report and pay employer tax liabilities. The department of	112352
taxation shall disclose only such information that is necessary	112353
to verify employer compliance with law administered by those	112354
agencies.	112355

Sec. 5703.37. ~~Whenever~~(A)(1) Except as provided in division	112356
(B) of this section, whenever service of a notice or order is	112357
required in the manner provided in this section, a ~~certified~~ copy	112358
of the ~~order or~~ notice or order shall be served upon the person	112359
affected thereby either by personal service or by certified mail.	112360
~~Within the time specified in an order of the department of~~	112361
~~taxation, every person upon whom it is served, if required by the~~	112362
~~order, shall notify the department, by personal service, certified~~	112363
~~mail, or a delivery service authorized under section 5703.056 of~~	112364
~~the Revised Code, whether the terms of the order are accepted and~~	112365
~~will be obeyed~~that notifies the tax commissioner of the date of	112366
delivery.	112367

(2) With the permission of the person affected by the notice	112368
or order, the commissioner may enter into a written agreement to	112369
deliver a notice or order by alternative means as provided in this	112370
section, including, but not limited to, delivery by secure	112371
electronic mail. Delivery by such means satisfies the requirements	112372
for delivery under this section.	112373

(B)(1)(a) If certified mail is returned because of an	112374
undeliverable address, the commissioner shall first utilize	112375
reasonable means to ascertain a new last known address, including	112376
the use of a change of address service offered by the United	112377
States postal service. If, after using reasonable means, the	112378
commissioner is unable to ascertain a new last known address, the	112379
assessment is final for purposes of section 131.02 of the Revised	112380
Code sixty days after the notice or order sent by certified mail	112381
is first returned to the commissioner, and the commissioner shall	112382
certify the notice or order, if applicable, to the attorney	112383
general for collection under section 131.02 of the Revised Code.	112384

(b) Notwithstanding certification to the attorney general	112385
under division (B)(1)(a) of this section, once the commissioner or	112386
attorney general, or the designee of either, makes an initial	112387
contact with the person to whom the notice or order is directed,	112388
the person may protest an assessment by filing a petition for	112389
reassessment within sixty days after the initial contact. The	112390
certification of an assessment under division (B)(1)(a) of this	112391
section is prima-facie evidence that delivery is complete and that	112392
the notice or order is served.	112393

(2) If mailing of a notice or order by certified mail is	112394
returned for some cause other than an undeliverable address, the	112395
tax commissioner shall resend the notice or order by ordinary	112396
mail. The notice or order shall show the date the commissioner	112397
sends the notice or order and include the following statement:	112398

"This notice or order is deemed to be served on the addressee	112399
under applicable law ten days from the date this notice or order	112400
was mailed by the commissioner as shown on the notice or order,	112401
and all periods within which an appeal may be filed apply from and	112402
after that date."	112403

Unless the mailing is returned because of an undeliverable	112404
address, the mailing of that information is prima-facie evidence	112405
that delivery of the notice or order was completed ten days after	112406
the commissioner sent the notice or order by ordinary mail and	112407
that the notice or order was served.	112408

If the ordinary mail is subsequently returned because of an	112409
undeliverable address, the commissioner shall proceed under	112410
division (B)(1)(a) of this section. A person may challenge the	112411
presumption of delivery and service under this division in	112412
accordance with division (C) of this section.	112413

(C)(1) A person disputing the presumption of delivery and	112414
service under division (B) of this section bears the burden of	112415
proving by a preponderance of the evidence that the address to	112416
which the notice or order was sent was not an address with which	112417
the person was associated at the time the commissioner originally	112418
mailed the notice or order by certified mail. For the purposes of	112419
this section, a person is associated with an address at the time	112420
the commissioner originally mailed the notice or order if, at that	112421
time, the person was residing, receiving legal documents, or	112422
conducting business at the address; or if, before that time, the	112423
person had conducted business at the address and, when the notice	112424
or order was mailed, the person's agent or the person's affiliate	112425
was conducting business at the address. For the purposes of this	112426
section, a person's affiliate is any other person that, at the	112427
time the notice or order was mailed, owned or controlled at least	112428
twenty per cent, as determined by voting rights, of the	112429
addressee's business.	112430

(2) If the person elects to protest an assessment certified	112431
to the attorney general for collection, the person must do so	112432
within sixty days after the attorney general's initial contact	112433
with the person. The attorney general may enter into a compromise	112434
with the person under sections 131.02 and 5703.06 of the Revised	112435
Code if the person does not file a petition for reassessment with	112436
the tax commissioner.	112437

(D) Nothing in this section prohibits the tax commissioner or	112438
the commissioner's designee from delivering a notice or order by	112439
personal service.	112440

(E) Collection actions taken pursuant to section 131.02 of	112441
the Revised Code upon any assessment being challenged under	112442
division (B)(1)(b) of this section shall be stayed upon the	112443
pendency of an appeal under this section. If a petition for	112444
reassessment is filed pursuant to this section on a claim that has	112445
been certified to the attorney general for collection, the claim	112446
shall be uncertified.	112447

(F) As used in this section:

112448

(1) "Last known address" means the address the department has	112449
at the time the document is originally sent by certified mail, or	112450
any address the department can ascertain using reasonable means	112451
such as the use of a change of address service offered by the	112452
United States postal service.	112453

(2) "Undeliverable address" means an address to which the	112454
United States postal service is not able to deliver a notice or	112455
order, except when the reason for nondelivery is because the	112456
addressee fails to acknowledge or accept the notice or order.	112457

Sec. 5703.80. There is hereby created in the state treasury	112458
the property tax administration fund. All money to the credit of	112459
the fund shall be used to defray the costs incurred by the	112460
department of taxation in administering the taxation of property	112461
and the equalization of real property valuation.	112462

Each fiscal year between the first and fifteenth days of	112463
July, the tax commissioner shall compute the following amounts for	112464
the property in each taxing district in each county, and certify	112465
to the director of budget and management the sum of those amounts	112466
for all taxing districts in all counties:	112467

(A) For fiscal year ~~2006~~2010, ~~thirty-three~~forty-two	112468
hundredths of one per cent of the total amount by which taxes	112469
charged against real property on the general tax list of real and	112470
public utility property were reduced under section 319.302 of the	112471
Revised Code for the preceding tax year;	112472

(B) For fiscal year ~~2007~~2011 and thereafter, ~~thirty-five~~	112473
forty-eight hundredths of one per cent of the total amount by	112474
which taxes charged against real property on the general tax list	112475
of real and public utility property were reduced under section	112476
319.302 of the Revised Code for the preceding tax year;	112477

(C) For fiscal year ~~2006~~2010, ~~one-half~~eight-tenths of one	112478
per cent of the total amount of taxes charged and payable against	112479
public utility personal property on the general tax list of real	112480
and public utility property for the preceding tax year and of the	112481
total amount of taxes charged and payable against tangible	112482
personal property on the general tax list of personal property of	112483
the preceding tax year and for which returns were filed with the	112484
tax commissioner under section 5711.13 of the Revised Code;	112485

(D) For fiscal year ~~2007~~2011 and thereafter, ~~fifty-six~~	112486
~~hundredths~~nine hundred fifty-one thousandths of one per cent of	112487
the total amount of taxes charged and payable against public	112488
utility personal property on the general tax list of real and	112489
public utility property for the preceding tax year and of the	112490
total amount of taxes charged and payable against tangible	112491
personal property on the general tax list of personal property of	112492
the preceding tax year and for which returns were filed with the	112493
tax commissioner under section 5711.13 of the Revised Code;	112494

~~(E) For fiscal year 2008, six-tenths of one per cent of the~~	112495
~~total amount of taxes charged and payable against public utility~~	112496
~~personal property on the general tax list of real and public~~	112497
~~utility property for the preceding tax year and of the total~~	112498
~~amount of taxes charged and payable against tangible personal~~	112499
~~property on the general tax list of personal property of the~~	112500
~~preceding tax year and for which returns were filed with the tax~~	112501
~~commissioner under section 5711.13 of the Revised Code;~~	112502

~~(F) For fiscal year 2009 and thereafter, seven hundred~~	112503
~~twenty-five one-thousandths of one per cent of the total amount of~~	112504
~~taxes charged and payable against public utility personal property~~	112505
~~on the general tax list of real and public utility property for~~	112506
~~the preceding tax year and of the total amount of taxes charged~~	112507
~~and payable against tangible personal property on the general tax~~	112508
~~list of personal property of the preceding tax year and for which~~	112509
~~returns were filed with the tax commissioner under section 5711.13~~	112510
~~of the Revised Code~~.	112511

After receiving the tax commissioner's certification, the	112512
director of budget and management shall transfer from the general	112513
revenue fund to the property tax administration fund one-fourth of	112514
the amount certified on or before each of the following days: the	112515
first days of August, November, February, and May.	112516

On or before the thirtieth day of June of the fiscal year,	112517
the tax commissioner shall certify to the director of budget and	112518
management the sum of the amounts by which the amounts computed	112519
for a taxing district under this section exceeded the	112520
distributions to the taxing district under division (F) of section	112521
321.24 of the Revised Code, and the director shall transfer that	112522
sum from the property tax administration fund to the general	112523
revenue fund.	112524

Sec. 5705.01. As used in this chapter:

112525

(A) "Subdivision" means any county; municipal corporation;	112526
township; township police district; township fire district; joint	112527
fire district; joint ambulance district; joint emergency medical	112528
services district; fire and ambulance district; joint recreation	112529
district; township waste disposal district; township road	112530
district; community college district; technical college district;	112531
detention facility district; a district organized under section	112532
2151.65 of the Revised Code; a combined district organized under	112533
sections 2152.41 and 2151.65 of the Revised Code; a joint-county	112534
alcohol, drug addiction, and mental health service district; a	112535
drainage improvement district created under section 6131.52 of the	112536
Revised Code; a union cemetery district; a county school financing	112537
district; or a city, local, exempted village, cooperative	112538
education, or joint vocational school district; or a regional	112539
student education district created under section 3313.83 of the	112540
Revised Code.	112541

(B) "Municipal corporation" means all municipal corporations,	112542
including those that have adopted a charter under Article XVIII,	112543
Ohio Constitution.	112544

(C) "Taxing authority" or "bond issuing authority" means, in	112545
the case of any county, the board of county commissioners; in the	112546
case of a municipal corporation, the council or other legislative	112547
authority of the municipal corporation; in the case of a city,	112548
local, exempted village, cooperative education, or joint	112549
vocational school district, the board of education; in the case of	112550
a community college district, the board of trustees of the	112551
district; in the case of a technical college district, the board	112552
of trustees of the district; in the case of a detention facility	112553
district, a district organized under section 2151.65 of the	112554
Revised Code, or a combined district organized under sections	112555
2152.41 and 2151.65 of the Revised Code, the joint board of county	112556
commissioners of the district; in the case of a township, the	112557
board of township trustees; in the case of a joint fire district,	112558
the board of fire district trustees; in the case of a joint	112559
recreation district, the joint recreation district board of	112560
trustees; in the case of a joint-county alcohol, drug addiction,	112561
and mental health service district, the district's board of	112562
alcohol, drug addiction, and mental health services; in the case	112563
of a joint ambulance district or a fire and ambulance district,	112564
the board of trustees of the district; in the case of a union	112565
cemetery district, the legislative authority of the municipal	112566
corporation and the board of township trustees, acting jointly as	112567
described in section 759.341 of the Revised Code; in the case of a	112568
drainage improvement district, the board of county commissioners	112569
of the county in which the drainage district is located; in the	112570
case of a joint emergency medical services district, the joint	112571
board of county commissioners of all counties in which all or any	112572
part of the district lies; and in the case of a township police	112573
district, a township fire district, a township road district, or a	112574
township waste disposal district, the board of township trustees	112575
of the township in which the district is located. "Taxing	112576
authority" also means the educational service center governing	112577
board that serves as the taxing authority of a county school	112578
financing district as provided in section 3311.50 of the Revised	112579
Code, and the board of directors of a regional student education	112580
district created under section 3313.83 of the Revised Code.	112581

(D) "Fiscal officer" in the case of a county, means the	112582
county auditor; in the case of a municipal corporation, the city	112583
auditor or village clerk, or an officer who, by virtue of the	112584
charter, has the duties and functions of the city auditor or	112585
village clerk, except that in the case of a municipal university	112586
the board of directors of which have assumed, in the manner	112587
provided by law, the custody and control of the funds of the	112588
university, the chief accounting officer of the university shall	112589
perform, with respect to the funds, the duties vested in the	112590
fiscal officer of the subdivision by sections 5705.41 and 5705.44	112591
of the Revised Code; in the case of a school district, the	112592
treasurer of the board of education; in the case of a county	112593
school financing district, the treasurer of the educational	112594
service center governing board that serves as the taxing	112595
authority; in the case of a township, the township fiscal officer;	112596
in the case of a joint fire district, the clerk of the board of	112597
fire district trustees; in the case of a joint ambulance district,	112598
the clerk of the board of trustees of the district; in the case of	112599
a joint emergency medical services district, the person appointed	112600
as fiscal officer pursuant to division (D) of section 307.053 of	112601
the Revised Code; in the case of a fire and ambulance district,	112602
the person appointed as fiscal officer pursuant to division (B) of	112603
section 505.375 of the Revised Code; in the case of a joint	112604
recreation district, the person designated pursuant to section	112605
755.15 of the Revised Code; in the case of a union cemetery	112606
district, the clerk of the municipal corporation designated in	112607
section 759.34 of the Revised Code; in the case of a children's	112608
home district, educational service center, general health	112609
district, joint-county alcohol, drug addiction, and mental health	112610
service district, county library district, detention facility	112611
district, district organized under section 2151.65 of the Revised	112612
Code, a combined district organized under sections 2152.41 and	112613
2151.65 of the Revised Code, or a metropolitan park district for	112614
which no treasurer has been appointed pursuant to section 1545.07	112615
of the Revised Code, the county auditor of the county designated	112616
by law to act as the auditor of the district; in the case of a	112617
metropolitan park district which has appointed a treasurer	112618
pursuant to section 1545.07 of the Revised Code, that treasurer;	112619
in the case of a drainage improvement district, the auditor of the	112620
county in which the drainage improvement district is located; in	112621
the case of a regional student education district, the fiscal	112622
officer appointed pursuant to section 3313.83 of the Revised Code;	112623
and in all other cases, the officer responsible for keeping the	112624
appropriation accounts and drawing warrants for the expenditure of	112625
the moneys of the district or taxing unit.	112626

(E) "Permanent improvement" or "improvement" means any	112627
property, asset, or improvement with an estimated life or	112628
usefulness of five years or more, including land and interests	112629
therein, and reconstructions, enlargements, and extensions thereof	112630
having an estimated life or usefulness of five years or more.	112631

(F) "Current operating expenses" and "current expenses" mean	112632
the lawful expenditures of a subdivision, except those for	112633
permanent improvements, and except payments for interest, sinking	112634
fund, and retirement of bonds, notes, and certificates of	112635
indebtedness of the subdivision.	112636

(G) "Debt charges" means interest, sinking fund, and	112637
retirement charges on bonds, notes, or certificates of	112638
indebtedness.	112639

(H) "Taxing unit" means any subdivision or other governmental	112640
district having authority to levy taxes on the property in the	112641
district or issue bonds that constitute a charge against the	112642
property of the district, including conservancy districts,	112643
metropolitan park districts, sanitary districts, road districts,	112644
and other districts.	112645

(I) "District authority" means any board of directors,	112646
trustees, commissioners, or other officers controlling a district	112647
institution or activity that derives its income or funds from two	112648
or more subdivisions, such as the educational service center, the	112649
trustees of district children's homes, the district board of	112650
health, a joint-county alcohol, drug addiction, and mental health	112651
service district's board of alcohol, drug addiction, and mental	112652
health services, detention facility districts, a joint recreation	112653
district board of trustees, districts organized under section	112654
2151.65 of the Revised Code, combined districts organized under	112655
sections 2152.41 and 2151.65 of the Revised Code, and other such	112656
boards.	112657

(J) "Tax list" and "tax duplicate" mean the general tax lists	112658
and duplicates prescribed by sections 319.28 and 319.29 of the	112659
Revised Code.	112660

(K) "Property" as applied to a tax levy means taxable	112661
property listed on general tax lists and duplicates.	112662

(L) "School library district" means a school district in	112663
which a free public library has been established that is under the	112664
control and management of a board of library trustees as provided	112665
in section 3375.15 of the Revised Code.	112666

Sec. 5705.211. (A) As used in this section:

112667

(1) "Adjusted charge-off increase" for a tax year means two	112668
~~and three-tenths~~ per cent of the cumulative carryover property	112669
value increase. If the cumulative carryover property value	112670
increase is computed on the basis of a school district's	112671
recognized valuation for a fiscal year before fiscal year 2014,	112672
the adjusted charge-off increase shall be adjusted to account for	112673
the greater charge-off rates prescribed for such fiscal years	112674
under sections 3317.022 and 3306.13 of the Revised Code.	112675

(2) "Cumulative carryover property value increase" means the	112676
sum of the increases in carryover value certified under division	112677
(B)(2) of section 3317.015 of the Revised Code and included in a	112678
school district's total taxable value in the computation of	112679
recognized valuation under division (B) of that section for all	112680
fiscal years from the fiscal year that ends in the first tax year	112681
a levy under this section is extended on the tax list of real and	112682
public utility property until and including the fiscal year that	112683
ends in the current tax year.	112684

(3) "Taxes charged and payable" means the taxes charged and	112685
payable from a tax levy extended on the real and public utility	112686
property tax list and the general list of personal property before	112687
any reduction under section 319.302, 323.152, or 323.158 of the	112688
Revised Code.	112689

(B) The board of education of a city, local, or exempted	112690
village school district may adopt a resolution proposing the levy	112691
of a tax in excess of the ten-mill limitation for the purpose of	112692
paying the current operating expenses of the district. If the	112693
resolution is approved as provided in division (D) of this	112694
section, the tax may be levied at such a rate each tax year that	112695
the total taxes charged and payable from the levy equals the	112696
adjusted charge-off increase for the tax year or equals a lesser	112697
amount as prescribed under division (C) of this section. The tax	112698
may be levied for a continuing period of time or for a specific	112699
number of years, but not fewer than five years, as provided in the	112700
resolution. The tax may not be placed on the tax list for a tax	112701
year beginning before the first day of January following adoption	112702
of the resolution. A board of education may not adopt a resolution	112703
under this section proposing to levy a tax under this section	112704
concurrently with any other tax levied by the board under this	112705
section.	112706

(C) After the first year a tax is levied under this section,	112707
the rate of the tax in any year shall not exceed the rate,	112708
estimated by the county auditor, that would cause the sums levied	112709
from the tax against carryover property to exceed one hundred four	112710
per cent of the sums levied from the tax against carryover	112711
property in the preceding year. A board of education imposing a	112712
tax under this section may specify in the resolution imposing the	112713
tax that the percentage shall be less than one hundred four per	112714
cent, but the percentage shall not be less than one hundred per	112715
cent. At any time after a resolution adopted under this section is	112716
approved by a majority of electors as provided in division (D) of	112717
this section, the board of education, by resolution, may decrease	112718
the percentage specified in the resolution levying the tax.	112719

(D) A resolution adopted under this section shall state that	112720
the purpose of the tax is to pay current operating expenses of the	112721
district, and shall specify the first year in which the tax is to	112722
be levied, the number of years the tax will be levied or that it	112723
will be levied for a continuing period of time, and the election	112724
at which the question of the tax is to appear on the ballot, which	112725
shall be a general or special election consistent with the	112726
requirements of section 3501.01 of the Revised Code. If the board	112727
of education specifies a percentage less than one hundred four per	112728
cent pursuant to division (C) of this section, the percentage	112729
shall be specified in the resolution.	112730

Upon adoption of the resolution, the board of education may	112731
certify a copy of the resolution to the proper county board of	112732
elections. The copy of the resolution shall be certified to the	112733
board of elections not later than seventy-five days before the day	112734
of the election at which the question of the tax is to appear on	112735
the ballot. Upon receiving a timely certified copy of such a	112736
resolution, the board of elections shall make the necessary	112737
arrangements for the submission of the question to the electors of	112738
the school district, and the election shall be conducted,	112739
canvassed, and certified in the same manner as regular elections	112740
in the school district for the election of members of the board of	112741
education. Notice of the election shall be published in one or	112742
more newspapers of general circulation in the school district once	112743
per week for four consecutive weeks. The notice shall state that	112744
the purpose of the tax is for the current operating expenses of	112745
the school district, the first year the tax is to be levied, the	112746
number of years the tax is to be levied or that it is to be levied	112747
for a continuing period of time, that the tax is to be levied each	112748
year in an amount estimated to offset decreases in state base cost	112749
funding caused by appreciation in real estate values, and that the	112750
estimated additional tax in any year shall not exceed the previous	112751
year's by more than four per cent, or a lesser percentage	112752
specified in the resolution levying the tax, except for increases	112753
caused by the addition of new taxable property.	112754

The question shall be submitted as a separate proposition but	112755
may be printed on the same ballot with any other proposition	112756
submitted at the same election other than the election of	112757
officers.	112758

The form of the ballot shall be substantially as follows:

112759

"An additional tax for the benefit of (name of school	112760
district) for the purpose of paying the current operating expenses	112761
of the district, for .......... (number of years or for continuing	112762
period of time), at a rate sufficient to offset any reduction in	112763
basic state funding caused by appreciation in real estate values?	112764
This levy will permit variable annual growth in revenue up to	112765
.......... (amount specified by school district) per cent for the	112766
duration of the levy.	112767

112768

		For the tax levy			112769
		Against the tax levy	"		112770

112771

If a majority of the electors of the school district voting	112772
on the question vote in favor of the question, the board of	112773
elections shall certify the results of the election to the board	112774
of education and to the tax commissioner immediately after the	112775
canvass.	112776

(E) When preparing any estimate of the contemplated receipts	112777
from a tax levied pursuant to this section for the purposes of	112778
sections 5705.28 to 5705.40 of the Revised Code, and in preparing	112779
to certify the tax under section 5705.34 of the Revised Code, a	112780
board of education authorized to levy such a tax shall use	112781
information supplied by the department of education to determine	112782
the adjusted charge-off increase for the tax year for which that	112783
certification is made. If the board levied a tax under this	112784
section in the preceding tax year, the sum to be certified for	112785
collection from the tax shall not exceed the sum that would exceed	112786
the limitation imposed under division (C) of this section. At the	112787
request of the board of education or the treasurer of the school	112788
district, the county auditor shall assist the board of education	112789
in determining the rate or sum that may be levied under this	112790
section.	112791

The board of education shall certify the sum authorized to be	112792
levied to the county auditor, and, for the purpose of the county	112793
auditor determining the rate at which the tax is to be levied in	112794
the tax year, the sum so certified shall be the sum to be raised	112795
by the tax unless the sum exceeds the limitation imposed by	112796
division (C) of this section. A tax levied pursuant to this	112797
section shall not be levied at a rate in excess of the rate	112798
estimated by the county auditor to produce the sum certified by	112799
the board of education before the reductions under sections	112800
319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding	112801
section 5705.34 of the Revised Code, a board of education	112802
authorized to levy a tax under this section shall certify the tax	112803
to the county auditor before the first day of October of the tax	112804
year in which the tax is to be levied, or at a later date as	112805
approved by the tax commissioner.	112806

Sec. 5705.214. Not more than three elections during any	112807
calendar year shall include the questions by a school district of	112808
tax levies proposed under any one or any combination of the	112809
following sections: sections 5705.194, 5705.199, 5705.21,	112810
5705.212, 5705.213, 5705.217, ~~and~~ 5705.218, and 5705.219 of the	112811
Revised Code.	112812

Sec. 5705.219. (A) As used in this section:

112813

(1) "Eligible school district" means a city, local, or	112814
exempted village school district in which the taxes charged and	112815
payable for current expenses on residential/agricultural real	112816
property in the tax year preceding the year in which the levy	112817
authorized by this section will be submitted for elector approval	112818
or rejection are greater than two per cent of the taxable value of	112819
the residential/agricultural real property.	112820

(2) "Residential/agricultural real property" and	112821
"nonresidential/agricultural real property" means the property	112822
classified as such under section 5713.041 of the Revised Code.	112823

(3) "Effective tax rate" and "taxes charged and payable" have	112824
the same meanings as in division (B) of section 319.301 of the	112825
Revised Code.	112826

(B) On or after January 1, 2010, but before January 1, 2015,	112827
the board of education of an eligible school district, by a vote	112828
of two-thirds of all its members, may adopt a resolution	112829
proposing to convert existing levies imposed for the purpose of	112830
current expenses into a levy raising a specified amount of tax	112831
money by repealing all or a portion of one or more of those	112832
existing levies and imposing a levy in excess of the ten-mill	112833
limitation that will raise a specified amount of money for	112834
current expenses of the district.	112835

The board of education shall certify a copy of the resolution	112836
to the tax commissioner not later than ninety days before the	112837
election upon which the repeal and levy authorized by this section	112838
will be proposed to the electors. Within ten days after receiving	112839
the copy of the resolution, the tax commissioner shall determine	112840
each of the following and certify the determinations to the board	112841
of education:	112842

(1) The dollar amount to be raised by the proposed levy,	112843
which shall be the product of:	112844

(a) The difference between the aggregate effective tax rate	112845
for residential/agricultural real property for the tax year	112846
preceding the year in which the repeal and levy will be proposed	112847
to the electors and twenty mills per dollar of taxable value;	112848

(b) The total taxable value of all property on the tax list	112849
of real and public utility property for the tax year preceding the	112850
year in which the repeal and levy will be proposed to the	112851
electors.	112852

(2) The estimated tax rate of the proposed levy.

112853

(3) The existing levies and any portion of an existing levy	112854
to be repealed upon approval of the question. Levies shall be	112855
repealed in reverse chronological order from most recently imposed	112856
to least recently imposed until the sum of the effective tax rates	112857
repealed for residential/agricultural real property is equal to	112858
the difference calculated in division (B)(1)(a) of this section.	112859

(4) The sum of the following:

112860

(a) The total taxable value of nonresidential/agricultural	112861
real property for the tax year preceding the year in which the	112862
repeal and levy will be proposed to the electors multiplied by the	112863
difference between (i) the aggregate effective tax rate for	112864
nonresidential/agricultural real property for the existing levies	112865
and any portion of an existing levy to be repealed and (ii) the	112866
amount determined under division (B)(1)(a) of this section, but	112867
not less than zero;	112868

(b) The total taxable value of public utility tangible	112869
personal property for the tax year preceding the year in which the	112870
repeal and levy will be proposed to the electors multiplied by the	112871
difference between (i) the aggregate voted tax rate for the	112872
existing levies and any portion of an existing levy to be repealed	112873
and (ii) the amount determined under division (B)(1)(a) of this	112874
section, but not less than zero.	112875

(C) Upon receipt of the certification from the tax	112876
commissioner under division (B) of this section, a majority of the	112877
members of the board of education may adopt a resolution proposing	112878
the repeal of the existing levies as identified in the	112879
certification and the imposition of a levy in excess of the	112880
ten-mill limitation that will raise annually the amount certified	112881
by the commissioner. If the board determines that the tax should	112882
be for an amount less than that certified by the commissioner, the	112883
board may request that the commissioner redetermine the rate	112884
under division (B)(2) of this section on the basis of the	112885
lesser amount the levy is to raise as specified by the board. The	112886
amount certified under division (B)(4) and the levies to be	112887
repealed as certified under division (B)(3) of this section shall	112888
not be redetermined. Within ten days after receiving a timely	112889
request specifying the lesser amount to be raised by the levy,	112890
the commissioner shall redetermine the rate and recertify it to	112891
the board as otherwise provided in division (B) of this section.	112892
Only one such request may be made by the board of education of	112893
an eligible school district.	112894

The resolution shall state the first calendar year in which	112895
the levy will be due; the existing levies and any portion of an	112896
existing levy that will be repealed, as certified by the	112897
commissioner; the term of the levy expressed in years, which may	112898
be any number not exceeding ten, or that it will be levied for a	112899
continuing period of time; and the date of the election, which	112900
shall be the date of a primary or general election.	112901

Immediately upon its passage, the resolution shall go into	112902
effect and shall be certified by the board of education to the	112903
county auditor of the proper county. The county auditor and the	112904
board of education shall proceed as required under section	112905
5705.195 of the Revised Code. No publication of the resolution is	112906
necessary other than that provided for in the notice of election.	112907
Section 5705.196 of the Revised Code shall govern the matters	112908
concerning the election. The submission of a question to the	112909
electors under this section is subject to the limitation on the	112910
number of election dates established by section 5705.214 of the	112911
Revised Code.	112912

(D) The form of the ballot to be used at the election	112913
provided for in this section shall be as follows:	112914

"Shall the existing levy of . . . (insert the voted millage	112915
rate of the levy to be repealed), currently being charged against	112916
residential and agricultural property by the . . . (insert the	112917
name of school district) at a rate of . . . (insert the	112918
residential/agricultural real property effective tax rate of the	112919
levy being repealed) for the purpose of . . . (insert the purpose	112920
of the existing levy) be repealed, and shall a levy be imposed by	112921
the . . . (insert the name of school district) in excess of the	112922
ten-mill limitation for the necessary requirements of the school	112923
district in the sum of . . . (insert the annual amount the levy is	112924
to produce), estimated by the tax commissioner to require . . .	112925
(insert the number of mills) mills for each one dollar of	112926
valuation, which amounts to . . . (insert the rate expressed in	112927
dollars and cents) for each one hundred dollars of valuation for	112928
the initial year of the tax, for a period of . . . (insert the	112929
number of years the levy is to be imposed, or that it will be	112930
levied for a continuing period of time), commencing in . . .	112931
(insert the first year the tax is to be levied), first due in	112932
calendar year . . . (insert the first calendar year in which the	112933
tax shall be due)?	112934

112935

		FOR THE REPEAL AND TAX			112936
		AGAINST THE REPEAL AND TAX	"		112937

112938

If the question submitted is a proposal to repeal all or a	112939
portion of more than one existing levy, the form of the ballot	112940
shall be modified by substituting the statement "shall the	112941
existing levy of" with "shall existing levies of" and inserting	112942
the aggregate voted and aggregate effective tax rates to be	112943
repealed.	112944

(E) If a majority of the electors voting on the question	112945
submitted in an election vote in favor of the repeal and levy, the	112946
result shall be certified immediately after the canvass by the	112947
board of elections to the board of education. The board of	112948
education may make the levy necessary to raise the amount	112949
specified in the resolution for the purpose stated in the	112950
resolution and shall certify it to the county auditor, who shall	112951
extend it on the current year tax lists for collection. After the	112952
first year, the levy shall be included in the annual tax budget	112953
that is certified to the county budget commission.	112954

(F) A levy imposed under this section for a continuing period	112955
of time may be decreased or repealed pursuant to section 5705.261	112956
of the Revised Code. If a levy imposed under this section is	112957
decreased, the amount calculated under division (B)(4) of this	112958
section and paid under section 5705.2110 of the Revised Code	112959
shall be decreased by the same proportion as the levy is	112960
decreased. If the levy is repealed, no further payments shall be	112961
made to the district under that section.	112962

(G) At any time, the board of education, by a vote of	112963
two-thirds of all of its members, may adopt a resolution to renew	112964
a tax levied under this section. The resolution shall provide for	112965
levying the tax and specifically all of the following:	112966

(1) That the tax shall be called, and designated on the	112967
ballot as, a renewal levy;	112968

(2) The amount of the renewal tax, which shall be no more	112969
than the amount of tax previously collected;	112970

(3) The number of years, not to exceed ten, that the renewal	112971
tax will be levied, or that it will be levied for a continuing	112972
period of time;	112973

(4) That the purpose of the renewal tax is for current	112974
expenses.	112975

The board shall certify a copy of the resolution to the board	112976
of elections not later than seventy-five days before the date of	112977
the election at which the question is to be submitted, which shall	112978
be the date of a primary or general election.	112979

(H) The form of the ballot to be used at the election on the	112980
question of renewing a levy under this section shall be as	112981
follows:	112982

"Shall a tax levy renewing an existing levy of . . . (insert	112983
the annual dollar amount the levy is to produce each year),	112984
estimated to require . . . (insert the number of mills) mills for	112985
each one dollar of valuation be imposed by the . . . (insert the	112986
name of school district) for the purpose of current expenses for a	112987
period of . . . (insert the number of years the levy is to be	112988
imposed, or that it will be levied for a continuing period of	112989
time), commencing in . . . (insert the first year the tax is to be	112990
levied), first due in calendar year . . . (insert the first	112991
calendar year in which the tax shall be due)?	112992

112993

		FOR THE RENEWAL OF THE TAX LEVY			112994
		AGAINST THE RENEWAL OF THE TAX LEVY	"		112995

112996

If the levy submitted is to be for less than the amount of	112997
money previously collected, the form of the ballot shall be	112998
modified to add "and reducing" after "renewing" and to add before	112999
"estimated to require" the statement "be approved at a tax rate	113000
necessary to produce . . . (insert the lower annual dollar amount	113001
the levy is to produce each year)."	113002

Sec. 5705.2110. (A) For purposes of this section:

113003

(1) "Carryover property" has the same meaning as in section	113004
319.301 of the Revised Code.	113005

(2) "Residential/agricultural real property" has the same	113006
meaning as in section 5705.219 of the Revised Code.	113007

(B) For each city, local, or exempted village school district	113008
in which the tax authorized by section 5705.219 of the Revised	113009
Code has been approved by electors in the preceding year, the tax	113010
commissioner, not later than the twenty-eighth day of February,	113011
shall certify to the department of education the amount determined	113012
in division (B)(4) of section 5705.219 of the Revised Code. Not	113013
later than the twenty-eighth day of February of each year	113014
thereafter for twelve years, the commissioner shall certify an	113015
amount equal to the difference between the amount certified in	113016
the preceding year under this division and the product of ten	113017
mills per dollar multiplied by the excess, if any, of the value	113018
of carryover property for residential/agricultural real property	113019
for the preceding tax year over the value of carryover property	113020
for residential/agricultural real property in the second	113021
preceding tax year. If the amount to be certified in any year is	113022
zero, in the commissioner's certification the commissioner shall	113023
state that no further certifications shall be forthcoming.	113024

(C) Not later than the last day of April and of October	113025
beginning in the first year in which a certification under	113026
division (B) of this section is received, the department of	113027
education shall pay to the school district for which the	113028
certification is made one-half of the amount most recently	113029
certified by the tax commissioner.	113030

Sec. 5705.2111. (A) If the board of directors of a regional	113031
student education district created under section 3313.83 of the	113032
Revised Code desires to levy a tax in excess of the ten-mill	113033
limitation throughout the district for the purpose of funding the	113034
services to be provided by the district to students enrolled in	113035
the school districts of which the district is composed and their	113036
immediate family members, the board shall propose the levy to each	113037
of the boards of education of those school districts. The proposal	113038
shall specify the rate or amount of the tax, the number of years	113039
the tax will be levied or that it will be levied for a continuing	113040
period of time, and that the aggregate rate of the tax shall not	113041
exceed three mills per dollar of taxable value in the regional	113042
student education district.	113043

(B)(1) If a majority of the boards of education of the school	113044
districts of which the regional student education district is	113045
composed approves the proposal for the tax levy, the board of	113046
directors of the regional student education district may adopt a	113047
resolution approved by a majority of the board's full membership	113048
declaring the necessity of levying the proposed tax in excess of	113049
the ten-mill limitation throughout the district for the purpose of	113050
funding the services to be provided by the district to students	113051
enrolled in the school districts of which the district is composed	113052
and their immediate family members. The resolution shall provide	113053
for the question of the tax to be submitted to the electors of the	113054
district at a general, primary, or special election on a day to be	113055
specified in the resolution that is consistent with the	113056
requirements of section 3501.01 of the Revised Code and that	113057
occurs at least seventy-five days after the resolution is	113058
certified to the board of elections. The resolution shall specify	113059
the rate or amount of the tax and the number of years the tax will	113060
be levied or that the tax will be levied for a continuing period	113061
of time. The aggregate rate of tax levied by a regional student	113062
education district under this section at any time shall not exceed	113063
three mills per dollar of taxable value in the district. A tax	113064
levied under this section may be renewed, subject to section	113065
5705.25 of the Revised Code, or replaced as provided in section	113066
5705.192 of the Revised Code.	113067

(2) The resolution shall take effect immediately upon	113068
passage, and no publication of the resolution is necessary other	113069
than that provided in the notice of election. The resolution shall	113070
be certified and submitted in the manner provided under section	113071
5705.25 of the Revised Code, and that section governs the	113072
arrangements governing submission of the question and other	113073
matters concerning the election.	113074

Sec. 5705.25. (A) A copy of any resolution adopted as	113075
provided in section 5705.19 or 5705.2111 of the Revised Code shall	113076
be certified by the taxing authority to the board of elections of	113077
the proper county not less than seventy-five days before the	113078
general election in any year, and the board shall submit the	113079
proposal to the electors of the subdivision at the succeeding	113080
November election. Except as otherwise provided in this division,	113081
a resolution to renew an existing levy, regardless of the section	113082
of the Revised Code under which the tax was imposed, shall not be	113083
placed on the ballot unless the question is submitted at the	113084
general election held during the last year the tax to be renewed	113085
or replaced may be extended on the real and public utility	113086
property tax list and duplicate, or at any election held in the	113087
ensuing year. The limitation of the foregoing sentence does not	113088
apply to a resolution to renew and increase or to renew part of an	113089
existing levy that was imposed under section 5705.191 of the	113090
Revised Code to supplement the general fund for the purpose of	113091
making appropriations for one or more of the following purposes:	113092
for public assistance, human or social services, relief, welfare,	113093
hospitalization, health, and support of general hospitals. The	113094
limitation of the second preceding sentence also does not apply to	113095
a resolution that proposes to renew two or more existing levies	113096
imposed under section 5705.21 of the Revised Code, in which case	113097
the question shall be submitted on the date of the general or	113098
primary election held during the last year at least one of the	113099
levies to be renewed may be extended on the real and public	113100
utility property tax list and duplicate, or at any election held	113101
during the ensuing year. For purposes of this section, a levy	113102
shall be considered to be an "existing levy" through the year	113103
following the last year it can be placed on that tax list and	113104
duplicate.	113105

The board shall make the necessary arrangements for the	113106
submission of such questions to the electors of such subdivision,	113107
and the election shall be conducted, canvassed, and certified in	113108
the same manner as regular elections in such subdivision for the	113109
election of county officers. Notice of the election shall be	113110
published in a newspaper of general circulation in the subdivision	113111
once a week for two consecutive weeks prior to the election, and,	113112
if the board of elections operates and maintains a web site, the	113113
board of elections shall post notice of the election on its web	113114
site for thirty days prior to the election. The notice shall state	113115
the purpose, the proposed increase in rate expressed in dollars	113116
and cents for each one hundred dollars of valuation as well as in	113117
mills for each one dollar of valuation, the number of years during	113118
which the increase will be in effect, the first month and year in	113119
which the tax will be levied, and the time and place of the	113120
election.	113121

(B) The form of the ballots cast at an election held pursuant	113122
to division (A) of this section shall be as follows:	113123

"An additional tax for the benefit of (name of subdivision or	113124
public library) .......... for the purpose of (purpose stated in	113125
the resolution) .......... at a rate not exceeding ...... mills	113126
for each one dollar of valuation, which amounts to (rate expressed	113127
in dollars and cents) ............ for each one hundred dollars of	113128
valuation, for ...... (life of indebtedness or number of years the	113129
levy is to run).	113130

113131

		For the Tax Levy			113132
		Against the Tax Levy	"		113133

113134

(C) If the levy is to be in effect for a continuing period of	113135
time, the notice of election and the form of ballot shall so state	113136
instead of setting forth a specified number of years for the levy.	113137

If the tax is to be placed on the current tax list, the form	113138
of the ballot shall be modified by adding, after the statement of	113139
the number of years the levy is to run, the phrase ", commencing	113140
in .......... (first year the tax is to be levied), first due in	113141
calendar year .......... (first calendar year in which the tax	113142
shall be due)."	113143

If the levy submitted is a proposal to renew, increase, or	113144
decrease an existing levy, the form of the ballot specified in	113145
division (B) of this section may be changed by substituting for	113146
the words "An additional" at the beginning of the form, the words	113147
"A renewal of a" in case of a proposal to renew an existing levy	113148
in the same amount; the words "A renewal of ........ mills and an	113149
increase of ...... mills to constitute a" in the case of an	113150
increase; or the words "A renewal of part of an existing levy,	113151
being a reduction of ...... mills, to constitute a" in the case of	113152
a decrease in the proposed levy.	113153

If the levy submitted is a proposal to renew two or more	113154
existing levies imposed under section 5705.21 of the Revised Code,	113155
the form of the ballot specified in division (B) of this section	113156
shall be modified by substituting for the words "an additional	113157
tax" the words "a renewal of ....(insert the number of levies to	113158
be renewed) existing taxes."	113159

The question covered by such resolution shall be submitted as	113160
a separate proposition but may be printed on the same ballot with	113161
any other proposition submitted at the same election, other than	113162
the election of officers. More than one such question may be	113163
submitted at the same election.	113164

(D) A levy voted in excess of the ten-mill limitation under	113165
this section shall be certified to the tax commissioner. In the	113166
first year of the levy, it shall be extended on the tax lists	113167
after the February settlement succeeding the election. If the	113168
additional tax is to be placed upon the tax list of the current	113169
year, as specified in the resolution providing for its submission,	113170
the result of the election shall be certified immediately after	113171
the canvass by the board of elections to the taxing authority, who	113172
shall make the necessary levy and certify it to the county	113173
auditor, who shall extend it on the tax lists for collection.	113174
After the first year, the tax levy shall be included in the annual	113175
tax budget that is certified to the county budget commission.	113176

Sec. 5705.29. This section does not apply to a subdivision or	113177
taxing unit for which the county budget commission has waived the	113178
requirement to adopt a tax budget pursuant to section 5705.281 of	113179
the Revised Code. The tax budget shall present the following	113180
information in such detail as is prescribed by the auditor of	113181
state:	113182

(A)(1) A statement of the necessary current operating	113183
expenses for the ensuing fiscal year for each department and	113184
division of the subdivision, classified as to personal services	113185
and other expenses, and the fund from which such expenditures are	113186
to be made. Except in the case of a school district, this estimate	113187
may include a contingent expense not designated for any particular	113188
purpose, and not to exceed three per cent of the total amount of	113189
appropriations for current expenses. In the case of a school	113190
district, this estimate may include a contingent expense not	113191
designated for any particular purpose and not to exceed thirteen	113192
per cent of the total amount of appropriations for current	113193
expenses.	113194

(2) A statement of the expenditures for the ensuing fiscal	113195
year necessary for permanent improvements, exclusive of any	113196
expense to be paid from bond issues, classified as to the	113197
improvements contemplated by the subdivision and the fund from	113198
which such expenditures are to be made;	113199

(3) The amounts required for the payment of final judgments;

113200

(4) A statement of expenditures for the ensuing fiscal year	113201
necessary for any purpose for which a special levy is authorized,	113202
and the fund from which such expenditures are to be made;	113203

(5) Comparative statements, so far as possible, in parallel	113204
columns of corresponding items of expenditures for the current	113205
fiscal year and the two preceding fiscal years.	113206

(B)(1) An estimate of receipts from other sources than the	113207
general property tax during the ensuing fiscal year, which shall	113208
include an estimate of unencumbered balances at the end of the	113209
current fiscal year, and the funds to which such estimated	113210
receipts are credited;	113211

(2) The amount each fund requires from the general property	113212
tax, which shall be the difference between the contemplated	113213
expenditure from the fund and the estimated receipts, as provided	113214
in this section. The section of the Revised Code under which the	113215
tax is authorized shall be set forth.	113216

(3) Comparative statements, so far as possible, in parallel	113217
columns of taxes and other revenues for the current fiscal year	113218
and the two preceding fiscal years.	113219

(C)(1) The amount required for debt charges;

113220

(2) The estimated receipts from sources other than the tax	113221
levy for payment of such debt charges, including the proceeds of	113222
refunding bonds to be issued to refund bonds maturing in the next	113223
succeeding fiscal year;	113224

(3) The net amount for which a tax levy shall be made,	113225
classified as to bonds authorized and issued prior to January 1,	113226
1922, and those authorized and issued subsequent to such date, and	113227
as to what portion of the levy will be within and what in excess	113228
of the ten-mill limitation.	113229

(D) An estimate of amounts from taxes authorized to be levied	113230
in excess of the ten-mill limitation on the tax rate, and the fund	113231
to which such amounts will be credited, together with the sections	113232
of the Revised Code under which each such tax is exempted from all	113233
limitations on the tax rate.	113234

(E)(1) A board of education may include in its budget for the	113235
fiscal year in which a levy proposed under section 5705.194,	113236
5705.199, 5705.21, or 5705.213, or 5705.219, or the original levy	113237
under section 5705.212 of the Revised Code is first extended on	113238
the tax list and duplicate an estimate of expenditures to be known	113239
as a voluntary contingency reserve balance, which shall not be	113240
greater than twenty-five per cent of the total amount of the levy	113241
estimated to be available for appropriation in such year.	113242

(2) A board of education may include in its budget for the	113243
fiscal year following the year in which a levy proposed under	113244
section 5705.194, 5705.199, 5705.21, or 5705.213, or 5705.219, or	113245
the original levy under section 5705.212 of the Revised Code is	113246
first extended on the tax list and duplicate an estimate of	113247
expenditures to be known as a voluntary contingency reserve	113248
balance, which shall not be greater than twenty per cent of the	113249
amount of the levy estimated to be available for appropriation in	113250
such year.	113251

(3) Except as provided in division (E)(4) of this section,	113252
the full amount of any reserve balance the board includes in its	113253
budget shall be retained by the county auditor and county	113254
treasurer out of the first semiannual settlement of taxes until	113255
the beginning of the next succeeding fiscal year, and thereupon,	113256
with the depository interest apportioned thereto, it shall be	113257
turned over to the board of education, to be used for the purposes	113258
of such fiscal year.	113259

(4) A board of education, by a two-thirds vote of all members	113260
of the board, may appropriate any amount withheld as a voluntary	113261
contingency reserve balance during the fiscal year for any lawful	113262
purpose, provided that prior to such appropriation the board of	113263
education has authorized the expenditure of all amounts	113264
appropriated for contingencies under section 5705.40 of the	113265
Revised Code. Upon request by the board of education, the county	113266
auditor shall draw a warrant on the district's account in the	113267
county treasury payable to the district in the amount requested.	113268

(F)(1) A board of education may include a spending reserve in	113269
its budget for fiscal years ending on or before June 30, 2002. The	113270
spending reserve shall consist of an estimate of expenditures not	113271
to exceed the district's spending reserve balance. A district's	113272
spending reserve balance is the amount by which the designated	113273
percentage of the district's estimated personal property taxes to	113274
be settled during the calendar year in which the fiscal year ends	113275
exceeds the estimated amount of personal property taxes to be so	113276
settled and received by the district during that fiscal year.	113277
Moneys from a spending reserve shall be appropriated in accordance	113278
with section 133.301 of the Revised Code.	113279

(2) For the purposes of computing a school district's	113280
spending reserve balance for a fiscal year, the designated	113281
percentage shall be as follows:	113282

Fiscal year ending in:	Designated percentage	113283
1998	50%	113284
1999	40%	113285
2000	30%	113286
2001	20%	113287
2002	10%	113288

(G) Except as otherwise provided in this division, the county	113289
budget commission shall not reduce the taxing authority of a	113290
subdivision as a result of the creation of a reserve balance	113291
account. Except as otherwise provided in this division, the county	113292
budget commission shall not consider the amount in a reserve	113293
balance account of a township, county, or municipal corporation as	113294
an unencumbered balance or as revenue for the purposes of division	113295
(E)(3) or (4) of section 5747.51 of the Revised Code. The county	113296
budget commission may require documentation of the reasonableness	113297
of the reserve balance held in any reserve balance account. The	113298
commission shall consider any amount in a reserve balance account	113299
that it determines to be unreasonable as unencumbered and as	113300
revenue for the purposes of section 5747.51 of the Revised Code	113301
and may take such amounts into consideration when determining	113302
whether to reduce the taxing authority of a subdivision.	113303

Sec. 5705.341. Any person required to pay taxes on real,	113304
public utility, or tangible personal property in any taxing	113305
district or other political subdivision of this state may appeal	113306
to the board of tax appeals from the action of the county budget	113307
commission of any county which relates to the fixing of uniform	113308
rates of taxation and the rate necessary to be levied by each	113309
taxing authority within its subdivision or taxing unit and which	113310
action has been certified by the county budget commission to the	113311
taxing authority of any political subdivision or other taxing	113312
district within the county.	113313

Such appeal shall be in writing and shall set forth the tax	113314
rate complained of and the reason that such a tax rate is not	113315
necessary to produce the revenue needed by the taxing district or	113316
political subdivision for the ensuing fiscal year as those needs	113317
are set out in the tax budget of said taxing unit or, if adoption	113318
of a tax budget was waived under section 5705.281 of the Revised	113319
Code, as set out in such other information the district or	113320
subdivision was required to provide under that section, or that	113321
the action of the budget commission appealed from does not	113322
otherwise comply with sections 5705.01 to 5705.47 of the Revised	113323
Code. The notice of appeal shall be filed with the board of tax	113324
appeals, and a true copy thereof shall be filed with the tax	113325
commissioner, the county auditor, and with the fiscal officer of	113326
each taxing district or political subdivision authorized to levy	113327
the tax complained of, and such notice of appeal and copies	113328
thereof must be filed within thirty days after the budget	113329
commission has certified its action as provided by section 5705.34	113330
of the Revised Code. Such notice of appeal and the copies thereof	113331
may be filed either in person or by certified mail. If filed by	113332
certified mail, the date of the United States postmark placed on	113333
the sender's receipt by the postal employee to whom the notice of	113334
appeal is presented shall be treated as the date of filing.	113335

Prior to filing the appeal provided by this section, the	113336
appellant shall deposit with the county auditor of the county or,	113337
in the event the appeal concerns joint taxing districts in two or	113338
more counties, with the county auditor of the county with the	113339
greatest valuation of taxable property the sum of five hundred	113340
dollars to cover the costs of the proceeding. The county auditor	113341
shall forthwith issue a pay-in order and pay such money into the	113342
county treasury to the credit of the general fund. The appellant	113343
shall produce the receipt of the county treasurer for such deposit	113344
and shall file such receipt with the notice of appeal.	113345

The board of tax appeals shall forthwith consider the matter	113346
presented on appeal from the action of the county budget	113347
commission and may modify any action of the commission with	113348
reference to the fixing of tax rates, to the end that no tax rate	113349
shall be levied above that necessary to produce the revenue needed	113350
by the taxing district or political subdivision for the ensuing	113351
fiscal year and to the end that the action of the budget	113352
commission appealed from shall otherwise be in conformity with	113353
sections 5705.01 to 5705.47 of the Revised Code. The findings of	113354
the board of tax appeals shall be substituted for the findings of	113355
the budget commission and shall be ~~certified~~sent to the county	113356
auditor and the taxing authority of the taxing district or	113357
political subdivision affected as the action of such budget	113358
commission under sections 5705.01 to 5705.47 of the Revised Code	113359
and to the tax commissioner. At the request of an appellant, the	113360
findings of the board of tax appeals shall be sent by certified	113361
mail at the appellant's expense.	113362

The board of tax appeals shall promptly prepare a cost bill	113363
listing the expenses incurred by the board in conducting any	113364
hearing on the appeal and certify the cost bill to the county	113365
auditor of the county receiving the deposit for costs, who shall	113366
forthwith draw a warrant on the general fund of the county in	113367
favor of the person or persons named in the bill of costs	113368
certified by the board of tax appeals.	113369

In the event the appellant prevails, the board of tax appeals	113370
promptly shall direct the county auditor to refund the deposit to	113371
the appellant and the costs shall be taxed to the taxing district	113372
or political subdivision involved in the appeal. The county	113373
auditor shall withhold from any funds then or thereafter in the	113374
auditor's possession belonging to the taxing district or political	113375
subdivision named in the order of the board of tax appeals and	113376
shall reimburse the general fund of the county.	113377

If the appellant fails, the costs shall be deducted from the	113378
deposit provided for in this section and any balance which remains	113379
shall be refunded promptly to the appellant by warrant of the	113380
county auditor drawn on the general fund of the county.	113381

Nothing in this section or any section of the Revised Code	113382
shall permit or require the levying of any rate of taxation,	113383
whether within the ten-mill limitation or whether the levy has	113384
been approved by the electors of the taxing district, the	113385
political subdivision, or the charter of a municipal corporation	113386
in excess of such ten-mill limitation, unless such rate of	113387
taxation for the ensuing fiscal year is clearly required by a	113388
budget of the taxing district or political subdivision properly	113389
and lawfully adopted under this chapter, or by other information	113390
that must be provided under section 5705.281 of the Revised Code	113391
if a tax budget was waived.	113392

In the event more than one appeal is filed involving the same	113393
taxing district or political subdivision, all such appeals may be	113394
consolidated by the board of tax appeals and heard at the same	113395
time.	113396

Nothing herein contained shall be construed to bar or	113397
prohibit the tax commissioner from initiating an investigation or	113398
hearing on the commissioner's own motion.	113399

The tax commissioner shall adopt and issue such orders,	113400
rules, and instructions, not inconsistent with law, as the	113401
commissioner deems necessary, as to the exercise of the powers and	113402
the discharge of the duties of any particular county budget	113403
commission, county auditor, or other officer which relate to the	113404
budget, the assessment of property, or the levy and collection of	113405
taxes. The commissioner shall cause the orders and instructions	113406
issued by the commissioner to be obeyed.	113407

Sec. 5705.37. The taxing authority of any subdivision, or	113408
the board of trustees of any public library, nonprofit	113409
corporation, or library association maintaining a free public	113410
library that has adopted and certified rules under section 5705.28	113411
of the Revised Code, that is dissatisfied with any action of the	113412
county budget commission may, through its fiscal officer, appeal	113413
to the board of tax appeals within thirty days after the receipt	113414
by the subdivision of the official certificate or notice of the	113415
commission's action. In like manner, but through its clerk, any	113416
park district may appeal to the board of tax appeals. An appeal	113417
under this section shall be taken by the filing of a notice of	113418
appeal, either in person or by certified mail, express mail, or	113419
authorized delivery service as provided in section 5703.056 of	113420
the Revised Code, with the board and with the commission. If	113421
notice of appeal is filed by certified mail, express mail, or	113422
authorized delivery service, date of the United States postmark	113423
placed on the sender's receipt by the postal service or the date	113424
of receipt recorded by the authorized delivery service shall be	113425
treated as the date of filing. Upon receipt of the notice of	113426
appeal, the commission, by certified mail, shall notify all	113427
persons who were parties to the proceeding before the commission	113428
of the filing of the notice of appeal and shall file proof of	113429
notice with the board of tax appeals. The secretary of the	113430
commission shall forthwith certify to the board a transcript of	113431
the full and accurate record of all proceedings before the	113432
commission, together with all evidence presented in the	113433
proceedings or considered by the commission, pertaining to the	113434
action from which the appeal is taken. The secretary of the	113435
commission also shall certify to the board any additional	113436
information that the board may request.	113437

The board of tax appeals, in a de novo proceeding, shall	113438
forthwith consider the matter presented to the commission, and may	113439
modify any action of the commission with reference to the budget,	113440
the estimate of revenues and balances, the allocation of the	113441
public library fund, or the fixing of tax rates. The finding of	113442
the board of tax appeals shall be substituted for the findings of	113443
the commission, and shall be ~~certified~~sent to the tax	113444
commissioner, the county auditor, and the taxing authority of the	113445
subdivision affected, or to the board of public library trustees	113446
affected, as the action of the commission under sections 5705.01	113447
to 5705.47 of the Revised Code. At the request of the taxing	113448
authority, board of trustees, or park district that appealed an	113449
action of the county budget commission under this section, the	113450
findings of the board of tax appeals shall be sent by certified	113451
mail at the requestor's expense.	113452

This section does not give the board of tax appeals any	113453
authority to place any tax levy authorized by law within the	113454
ten-mill limitation outside of that limitation, or to reduce any	113455
levy below any minimum fixed by law.	113456

Sec. 5709.62. (A) In any municipal corporation that is	113457
defined by the United States office of management and budget as a	113458
principal city of a metropolitan statistical area, the legislative	113459
authority of the municipal corporation may designate one or more	113460
areas within its municipal corporation as proposed enterprise	113461
zones. Upon designating an area, the legislative authority shall	113462
petition the director of development for certification of the area	113463
as having the characteristics set forth in division (A)(1) of	113464
section 5709.61 of the Revised Code as amended by Substitute	113465
Senate Bill No. 19 of the 120th general assembly. Except as	113466
otherwise provided in division (E) of this section, on and after	113467
July 1, 1994, legislative authorities shall not enter into	113468
agreements under this section unless the legislative authority has	113469
petitioned the director and the director has certified the zone	113470
under this section as amended by that act; however, all agreements	113471
entered into under this section as it existed prior to July 1,	113472
1994, and the incentives granted under those agreements shall	113473
remain in effect for the period agreed to under those agreements.	113474
Within sixty days after receiving such a petition, the director	113475
shall determine whether the area has the characteristics set forth	113476
in division (A)(1) of section 5709.61 of the Revised Code, and	113477
shall forward the findings to the legislative authority of the	113478
municipal corporation. If the director certifies the area as	113479
having those characteristics, and thereby certifies it as a zone,	113480
the legislative authority may enter into an agreement with an	113481
enterprise under division (C) of this section.	113482

(B) Any enterprise that wishes to enter into an agreement	113483
with a municipal corporation under division (C) of this section	113484
shall submit a proposal to the legislative authority of the	113485
municipal corporation on a form prescribed by the director of	113486
development, together with the application fee established under	113487
section 5709.68 of the Revised Code. The form shall require the	113488
following information:	113489

(1) An estimate of the number of new employees whom the	113490
enterprise intends to hire, or of the number of employees whom the	113491
enterprise intends to retain, within the zone at a facility that	113492
is a project site, and an estimate of the amount of payroll of the	113493
enterprise attributable to these employees;	113494

(2) An estimate of the amount to be invested by the	113495
enterprise to establish, expand, renovate, or occupy a facility,	113496
including investment in new buildings, additions or improvements	113497
to existing buildings, machinery, equipment, furniture, fixtures,	113498
and inventory;	113499

(3) A listing of the enterprise's current investment, if any,	113500
in a facility as of the date of the proposal's submission.	113501

The enterprise shall review and update the listings required	113502
under this division to reflect material changes, and any agreement	113503
entered into under division (C) of this section shall set forth	113504
final estimates and listings as of the time the agreement is	113505
entered into. The legislative authority may, on a separate form	113506
and at any time, require any additional information necessary to	113507
determine whether an enterprise is in compliance with an agreement	113508
and to collect the information required to be reported under	113509
section 5709.68 of the Revised Code.	113510

(C) Upon receipt and investigation of a proposal under	113511
division (B) of this section, if the legislative authority finds	113512
that the enterprise submitting the proposal is qualified by	113513
financial responsibility and business experience to create and	113514
preserve employment opportunities in the zone and improve the	113515
economic climate of the municipal corporation, the legislative	113516
authority, on or before October 15, ~~2009~~2010, may do one of the	113517
following:	113518

(1) Enter into an agreement with the enterprise under which	113519
the enterprise agrees to establish, expand, renovate, or occupy a	113520
facility and hire new employees, or preserve employment	113521
opportunities for existing employees, in return for one or more of	113522
the following incentives:	113523

(a) Exemption for a specified number of years, not to exceed	113524
fifteen, of a specified portion, up to seventy-five per cent, of	113525
the assessed value of tangible personal property first used in	113526
business at the project site as a result of the agreement. If an	113527
exemption for inventory is specifically granted in the agreement	113528
pursuant to this division, the exemption applies to inventory	113529
required to be listed pursuant to sections 5711.15 and 5711.16 of	113530
the Revised Code, except that, in the instance of an expansion or	113531
other situations in which an enterprise was in business at the	113532
facility prior to the establishment of the zone, the inventory	113533
that is exempt is that amount or value of inventory in excess of	113534
the amount or value of inventory required to be listed in the	113535
personal property tax return of the enterprise in the return for	113536
the tax year in which the agreement is entered into.	113537

(b) Exemption for a specified number of years, not to exceed	113538
fifteen, of a specified portion, up to seventy-five per cent, of	113539
the increase in the assessed valuation of real property	113540
constituting the project site subsequent to formal approval of the	113541
agreement by the legislative authority;	113542

(c) Provision for a specified number of years, not to exceed	113543
fifteen, of any optional services or assistance that the municipal	113544
corporation is authorized to provide with regard to the project	113545
site.	113546

(2) Enter into an agreement under which the enterprise agrees	113547
to remediate an environmentally contaminated facility, to spend an	113548
amount equal to at least two hundred fifty per cent of the true	113549
value in money of the real property of the facility prior to	113550
remediation as determined for the purposes of property taxation to	113551
establish, expand, renovate, or occupy the remediated facility,	113552
and to hire new employees or preserve employment opportunities for	113553
existing employees at the remediated facility, in return for one	113554
or more of the following incentives:	113555

(a) Exemption for a specified number of years, not to exceed	113556
fifteen, of a specified portion, not to exceed fifty per cent, of	113557
the assessed valuation of the real property of the facility prior	113558
to remediation;	113559

(b) Exemption for a specified number of years, not to exceed	113560
fifteen, of a specified portion, not to exceed one hundred per	113561
cent, of the increase in the assessed valuation of the real	113562
property of the facility during or after remediation;	113563

(c) The incentive under division (C)(1)(a) of this section,	113564
except that the percentage of the assessed value of such property	113565
exempted from taxation shall not exceed one hundred per cent;	113566

(d) The incentive under division (C)(1)(c) of this section.

113567

(3) Enter into an agreement with an enterprise that plans to	113568
purchase and operate a large manufacturing facility that has	113569
ceased operation or announced its intention to cease operation, in	113570
return for exemption for a specified number of years, not to	113571
exceed fifteen, of a specified portion, up to one hundred per	113572
cent, of the assessed value of tangible personal property used in	113573
business at the project site as a result of the agreement, or of	113574
the assessed valuation of real property constituting the project	113575
site, or both.	113576

(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this	113577
section, the portion of the assessed value of tangible personal	113578
property or of the increase in the assessed valuation of real	113579
property exempted from taxation under those divisions may exceed	113580
seventy-five per cent in any year for which that portion is	113581
exempted if the average percentage exempted for all years in which	113582
the agreement is in effect does not exceed sixty per cent, or if	113583
the board of education of the city, local, or exempted village	113584
school district within the territory of which the property is or	113585
will be located approves a percentage in excess of seventy-five	113586
per cent.	113587

(2) Notwithstanding any provision of the Revised Code to the	113588
contrary, the exemptions described in divisions (C)(1)(a), (b),	113589
and (c), (C)(2)(a), (b), and (c), and (C)(3) of this section may	113590
be for up to fifteen years if the board of education of the city,	113591
local, or exempted village school district within the territory of	113592
which the property is or will be located approves a number of	113593
years in excess of ten.	113594

(3) For the purpose of obtaining the approval of a city,	113595
local, or exempted village school district under division (D)(1)	113596
or (2) of this section, the legislative authority shall deliver to	113597
the board of education a notice not later than forty-five days	113598
prior to approving the agreement, excluding Saturdays, Sundays,	113599
and legal holidays as defined in section 1.14 of the Revised Code.	113600
The notice shall state the percentage to be exempted, an estimate	113601
of the true value of the property to be exempted, and the number	113602
of years the property is to be exempted. The board of education,	113603
by resolution adopted by a majority of the board, shall approve or	113604
disapprove the agreement and certify a copy of the resolution to	113605
the legislative authority not later than fourteen days prior to	113606
the date stipulated by the legislative authority as the date upon	113607
which approval of the agreement is to be formally considered by	113608
the legislative authority. The board of education may include in	113609
the resolution conditions under which the board would approve the	113610
agreement, including the execution of an agreement to compensate	113611
the school district under division (B) of section 5709.82 of the	113612
Revised Code. The legislative authority may approve the agreement	113613
at any time after the board of education certifies its resolution	113614
approving the agreement to the legislative authority, or, if the	113615
board approves the agreement conditionally, at any time after the	113616
conditions are agreed to by the board and the legislative	113617
authority.	113618

If a board of education has adopted a resolution waiving its	113619
right to approve agreements and the resolution remains in effect,	113620
approval of an agreement by the board is not required under this	113621
division. If a board of education has adopted a resolution	113622
allowing a legislative authority to deliver the notice required	113623
under this division fewer than forty-five business days prior to	113624
the legislative authority's approval of the agreement, the	113625
legislative authority shall deliver the notice to the board not	113626
later than the number of days prior to such approval as prescribed	113627
by the board in its resolution. If a board of education adopts a	113628
resolution waiving its right to approve agreements or shortening	113629
the notification period, the board shall certify a copy of the	113630
resolution to the legislative authority. If the board of education	113631
rescinds such a resolution, it shall certify notice of the	113632
rescission to the legislative authority.	113633

(4) The legislative authority shall comply with section	113634
5709.83 of the Revised Code unless the board of education has	113635
adopted a resolution under that section waiving its right to	113636
receive such notice.	113637

(E) This division applies to zones certified by the director	113638
of development under this section prior to July 22, 1994.	113639

On or before October 15, ~~2009~~2010, the legislative authority	113640
that designated a zone to which this division applies may enter	113641
into an agreement with an enterprise if the legislative authority	113642
finds that the enterprise satisfies one of the criteria described	113643
in divisions (E)(1) to (5) of this section:	113644

(1) The enterprise currently has no operations in this state	113645
and, subject to approval of the agreement, intends to establish	113646
operations in the zone;	113647

(2) The enterprise currently has operations in this state	113648
and, subject to approval of the agreement, intends to establish	113649
operations at a new location in the zone that would not result in	113650
a reduction in the number of employee positions at any of the	113651
enterprise's other locations in this state;	113652

(3) The enterprise, subject to approval of the agreement,	113653
intends to relocate operations, currently located in another	113654
state, to the zone;	113655

(4) The enterprise, subject to approval of the agreement,	113656
intends to expand operations at an existing site in the zone that	113657
the enterprise currently operates;	113658

(5) The enterprise, subject to approval of the agreement,	113659
intends to relocate operations, currently located in this state,	113660
to the zone, and the director of development has issued a waiver	113661
for the enterprise under division (B) of section 5709.633 of the	113662
Revised Code.	113663

The agreement shall require the enterprise to agree to	113664
establish, expand, renovate, or occupy a facility in the zone and	113665
hire new employees, or preserve employment opportunities for	113666
existing employees, in return for one or more of the incentives	113667
described in division (C) of this section.	113668

(F) All agreements entered into under this section shall be	113669
in the form prescribed under section 5709.631 of the Revised Code.	113670
After an agreement is entered into under this section, if the	113671
legislative authority revokes its designation of a zone, or if the	113672
director of development revokes a zone's certification, any	113673
entitlements granted under the agreement shall continue for the	113674
number of years specified in the agreement.	113675

(G) Except as otherwise provided in this division, an	113676
agreement entered into under this section shall require that the	113677
enterprise pay an annual fee equal to the greater of one per cent	113678
of the dollar value of incentives offered under the agreement or	113679
five hundred dollars; provided, however, that if the value of the	113680
incentives exceeds two hundred fifty thousand dollars, the fee	113681
shall not exceed two thousand five hundred dollars. The fee shall	113682
be payable to the legislative authority once per year for each	113683
year the agreement is effective on the days and in the form	113684
specified in the agreement. Fees paid shall be deposited in a	113685
special fund created for such purpose by the legislative authority	113686
and shall be used by the legislative authority exclusively for the	113687
purpose of complying with section 5709.68 of the Revised Code and	113688
by the tax incentive review council created under section 5709.85	113689
of the Revised Code exclusively for the purposes of performing the	113690
duties prescribed under that section. The legislative authority	113691
may waive or reduce the amount of the fee charged against an	113692
enterprise, but such a waiver or reduction does not affect the	113693
obligations of the legislative authority or the tax incentive	113694
review council to comply with section 5709.68 or 5709.85 of the	113695
Revised Code.	113696

(H) When an agreement is entered into pursuant to this	113697
section, the legislative authority authorizing the agreement shall	113698
forward a copy of the agreement to the director of development and	113699
to the tax commissioner within fifteen days after the agreement is	113700
entered into. If any agreement includes terms not provided for in	113701
section 5709.631 of the Revised Code affecting the revenue of a	113702
city, local, or exempted village school district or causing	113703
revenue to be foregone by the district, including any compensation	113704
to be paid to the school district pursuant to section 5709.82 of	113705
the Revised Code, those terms also shall be forwarded in writing	113706
to the director of development along with the copy of the	113707
agreement forwarded under this division.	113708

(I) After an agreement is entered into, the enterprise shall	113709
file with each personal property tax return required to be filed,	113710
or annual report required to be filed under section 5727.08 of the	113711
Revised Code, while the agreement is in effect, an informational	113712
return, on a form prescribed by the tax commissioner for that	113713
purpose, setting forth separately the property, and related costs	113714
and values, exempted from taxation under the agreement.	113715

(J) Enterprises may agree to give preference to residents of	113716
the zone within which the agreement applies relative to residents	113717
of this state who do not reside in the zone when hiring new	113718
employees under the agreement.	113719

(K) An agreement entered into under this section may include	113720
a provision requiring the enterprise to create one or more	113721
temporary internship positions for students enrolled in a course	113722
of study at a school or other educational institution in the	113723
vicinity, and to create a scholarship or provide another form of	113724
educational financial assistance for students holding such a	113725
position in exchange for the student's commitment to work for the	113726
enterprise at the completion of the internship.	113727

(L) The tax commissioner's authority in determining the	113728
accuracy of any exemption granted by an agreement entered into	113729
under this section is limited to divisions (C)(1)(a) and (b),	113730
(C)(2)(a), (b), and (c), (C)(3), (D), and (I) of this section and	113731
divisions (B)(1) to (10) of section 5709.631 of the Revised Code	113732
and, as authorized by law, to enforcing any modification to, or	113733
revocation of, that agreement by the legislative authority of a	113734
municipal corporation or the director of development.	113735

Sec. 5709.63. (A) With the consent of the legislative	113736
authority of each affected municipal corporation or of a board of	113737
township trustees, a board of county commissioners may, in the	113738
manner set forth in section 5709.62 of the Revised Code, designate	113739
one or more areas in one or more municipal corporations or in	113740
unincorporated areas of the county as proposed enterprise zones. A	113741
board of county commissioners may designate no more than one area	113742
within a township, or within adjacent townships, as a proposed	113743
enterprise zone. The board shall petition the director of	113744
development for certification of the area as having the	113745
characteristics set forth in division (A)(1) or (2) of section	113746
5709.61 of the Revised Code as amended by Substitute Senate Bill	113747
No. 19 of the 120th general assembly. Except as otherwise provided	113748
in division (D) of this section, on and after July 1, 1994, boards	113749
of county commissioners shall not enter into agreements under this	113750
section unless the board has petitioned the director and the	113751
director has certified the zone under this section as amended by	113752
that act; however, all agreements entered into under this section	113753
as it existed prior to July 1, 1994, and the incentives granted	113754
under those agreements shall remain in effect for the period	113755
agreed to under those agreements. The director shall make the	113756
determination in the manner provided under section 5709.62 of the	113757
Revised Code.	113758

Any enterprise wishing to enter into an agreement with the	113759
board under division (B) or (D) of this section shall submit a	113760
proposal to the board on the form and accompanied by the	113761
application fee prescribed under division (B) of section 5709.62	113762
of the Revised Code. The enterprise shall review and update the	113763
estimates and listings required by the form in the manner required	113764
under that division. The board may, on a separate form and at any	113765
time, require any additional information necessary to determine	113766
whether an enterprise is in compliance with an agreement and to	113767
collect the information required to be reported under section	113768
5709.68 of the Revised Code.	113769

(B) If the board of county commissioners finds that an	113770
enterprise submitting a proposal is qualified by financial	113771
responsibility and business experience to create and preserve	113772
employment opportunities in the zone and to improve the economic	113773
climate of the municipal corporation or municipal corporations or	113774
the unincorporated areas in which the zone is located and to which	113775
the proposal applies, the board, on or before October 15, ~~2009~~	113776
2010, and with the consent of the legislative authority of each	113777
affected municipal corporation or of the board of township	113778
trustees may do either of the following:	113779

(1) Enter into an agreement with the enterprise under which	113780
the enterprise agrees to establish, expand, renovate, or occupy a	113781
facility in the zone and hire new employees, or preserve	113782
employment opportunities for existing employees, in return for the	113783
following incentives:	113784

(a) When the facility is located in a municipal corporation,	113785
the board may enter into an agreement for one or more of the	113786
incentives provided in division (C) of section 5709.62 of the	113787
Revised Code, subject to division (D) of that section;	113788

(b) When the facility is located in an unincorporated area,	113789
the board may enter into an agreement for one or more of the	113790
following incentives:	113791

(i) Exemption for a specified number of years, not to exceed	113792
fifteen, of a specified portion, up to sixty per cent, of the	113793
assessed value of tangible personal property first used in	113794
business at a project site as a result of the agreement. If an	113795
exemption for inventory is specifically granted in the agreement	113796
pursuant to this division, the exemption applies to inventory	113797
required to be listed pursuant to sections 5711.15 and 5711.16 of	113798
the Revised Code, except, in the instance of an expansion or other	113799
situations in which an enterprise was in business at the facility	113800
prior to the establishment of the zone, the inventory that is	113801
exempt is that amount or value of inventory in excess of the	113802
amount or value of inventory required to be listed in the personal	113803
property tax return of the enterprise in the return for the tax	113804
year in which the agreement is entered into.	113805

(ii) Exemption for a specified number of years, not to exceed	113806
fifteen, of a specified portion, up to sixty per cent, of the	113807
increase in the assessed valuation of real property constituting	113808
the project site subsequent to formal approval of the agreement by	113809
the board;	113810

(iii) Provision for a specified number of years, not to	113811
exceed fifteen, of any optional services or assistance the board	113812
is authorized to provide with regard to the project site;	113813

(iv) The incentive described in division (C)(2) of section	113814
5709.62 of the Revised Code.	113815

(2) Enter into an agreement with an enterprise that plans to	113816
purchase and operate a large manufacturing facility that has	113817
ceased operation or has announced its intention to cease	113818
operation, in return for exemption for a specified number of	113819
years, not to exceed fifteen, of a specified portion, up to one	113820
hundred per cent, of tangible personal property used in business	113821
at the project site as a result of the agreement, or of real	113822
property constituting the project site, or both.	113823

(C)(1)(a) Notwithstanding divisions (B)(1)(b)(i) and (ii) of	113824
this section, the portion of the assessed value of tangible	113825
personal property or of the increase in the assessed valuation of	113826
real property exempted from taxation under those divisions may	113827
exceed sixty per cent in any year for which that portion is	113828
exempted if the average percentage exempted for all years in which	113829
the agreement is in effect does not exceed fifty per cent, or if	113830
the board of education of the city, local, or exempted village	113831
school district within the territory of which the property is or	113832
will be located approves a percentage in excess of sixty per cent.	113833

(b) Notwithstanding any provision of the Revised Code to the	113834
contrary, the exemptions described in divisions (B)(1)(b)(i),	113835
(ii), (iii), and (iv) and (B)(2) of this section may be for up to	113836
fifteen years if the board of education of the city, local, or	113837
exempted village school district within the territory of which the	113838
property is or will be located approves a number of years in	113839
excess of ten.	113840

(c) For the purpose of obtaining the approval of a city,	113841
local, or exempted village school district under division	113842
(C)(1)(a) or (b) of this section, the board of county	113843
commissioners shall deliver to the board of education a notice not	113844
later than forty-five days prior to approving the agreement,	113845
excluding Saturdays, Sundays, and legal holidays as defined in	113846
section 1.14 of the Revised Code. The notice shall state the	113847
percentage to be exempted, an estimate of the true value of the	113848
property to be exempted, and the number of years the property is	113849
to be exempted. The board of education, by resolution adopted by a	113850
majority of the board, shall approve or disapprove the agreement	113851
and certify a copy of the resolution to the board of county	113852
commissioners not later than fourteen days prior to the date	113853
stipulated by the board of county commissioners as the date upon	113854
which approval of the agreement is to be formally considered by	113855
the board of county commissioners. The board of education may	113856
include in the resolution conditions under which the board would	113857
approve the agreement, including the execution of an agreement to	113858
compensate the school district under division (B) of section	113859
5709.82 of the Revised Code. The board of county commissioners may	113860
approve the agreement at any time after the board of education	113861
certifies its resolution approving the agreement to the board of	113862
county commissioners, or, if the board of education approves the	113863
agreement conditionally, at any time after the conditions are	113864
agreed to by the board of education and the board of county	113865
commissioners.	113866

If a board of education has adopted a resolution waiving its	113867
right to approve agreements and the resolution remains in effect,	113868
approval of an agreement by the board of education is not required	113869
under division (C) of this section. If a board of education has	113870
adopted a resolution allowing a board of county commissioners to	113871
deliver the notice required under this division fewer than	113872
forty-five business days prior to approval of the agreement by the	113873
board of county commissioners, the board of county commissioners	113874
shall deliver the notice to the board of education not later than	113875
the number of days prior to such approval as prescribed by the	113876
board of education in its resolution. If a board of education	113877
adopts a resolution waiving its right to approve agreements or	113878
shortening the notification period, the board of education shall	113879
certify a copy of the resolution to the board of county	113880
commissioners. If the board of education rescinds such a	113881
resolution, it shall certify notice of the rescission to the board	113882
of county commissioners.	113883

(2) The board of county commissioners shall comply with	113884
section 5709.83 of the Revised Code unless the board of education	113885
has adopted a resolution under that section waiving its right to	113886
receive such notice.	113887

(D) This division applies to zones certified by the director	113888
of development under this section prior to July 22, 1994.	113889

On or before October 15, ~~2009~~2010, and with the consent of	113890
the legislative authority of each affected municipal corporation	113891
or board of township trustees of each affected township, the board	113892
of county commissioners that designated a zone to which this	113893
division applies may enter into an agreement with an enterprise if	113894
the board finds that the enterprise satisfies one of the criteria	113895
described in divisions (D)(1) to (5) of this section:	113896

(1) The enterprise currently has no operations in this state	113897
and, subject to approval of the agreement, intends to establish	113898
operations in the zone;	113899

(2) The enterprise currently has operations in this state	113900
and, subject to approval of the agreement, intends to establish	113901
operations at a new location in the zone that would not result in	113902
a reduction in the number of employee positions at any of the	113903
enterprise's other locations in this state;	113904

(3) The enterprise, subject to approval of the agreement,	113905
intends to relocate operations, currently located in another	113906
state, to the zone;	113907

(4) The enterprise, subject to approval of the agreement,	113908
intends to expand operations at an existing site in the zone that	113909
the enterprise currently operates;	113910

(5) The enterprise, subject to approval of the agreement,	113911
intends to relocate operations, currently located in this state,	113912
to the zone, and the director of development has issued a waiver	113913
for the enterprise under division (B) of section 5709.633 of the	113914
Revised Code.	113915

The agreement shall require the enterprise to agree to	113916
establish, expand, renovate, or occupy a facility in the zone and	113917
hire new employees, or preserve employment opportunities for	113918
existing employees, in return for one or more of the incentives	113919
described in division (B) of this section.	113920

(E) All agreements entered into under this section shall be	113921
in the form prescribed under section 5709.631 of the Revised Code.	113922
After an agreement under this section is entered into, if the	113923
board of county commissioners revokes its designation of a zone,	113924
or if the director of development revokes a zone's certification,	113925
any entitlements granted under the agreement shall continue for	113926
the number of years specified in the agreement.	113927

(F) Except as otherwise provided in this division, an	113928
agreement entered into under this section shall require that the	113929
enterprise pay an annual fee equal to the greater of one per cent	113930
of the dollar value of incentives offered under the agreement or	113931
five hundred dollars; provided, however, that if the value of the	113932
incentives exceeds two hundred fifty thousand dollars, the fee	113933
shall not exceed two thousand five hundred dollars. The fee shall	113934
be payable to the board of county commissioners once per year for	113935
each year the agreement is effective on the days and in the form	113936
specified in the agreement. Fees paid shall be deposited in a	113937
special fund created for such purpose by the board and shall be	113938
used by the board exclusively for the purpose of complying with	113939
section 5709.68 of the Revised Code and by the tax incentive	113940
review council created under section 5709.85 of the Revised Code	113941
exclusively for the purposes of performing the duties prescribed	113942
under that section. The board may waive or reduce the amount of	113943
the fee charged against an enterprise, but such waiver or	113944
reduction does not affect the obligations of the board or the tax	113945
incentive review council to comply with section 5709.68 or 5709.85	113946
of the Revised Code, respectively.	113947

(G) With the approval of the legislative authority of a	113948
municipal corporation or the board of township trustees of a	113949
township in which a zone is designated under division (A) of this	113950
section, the board of county commissioners may delegate to that	113951
legislative authority or board any powers and duties of the board	113952
of county commissioners to negotiate and administer agreements	113953
with regard to that zone under this section.	113954

(H) When an agreement is entered into pursuant to this	113955
section, the board of county commissioners authorizing the	113956
agreement or the legislative authority or board of township	113957
trustees that negotiates and administers the agreement shall	113958
forward a copy of the agreement to the director of development and	113959
to the tax commissioner within fifteen days after the agreement is	113960
entered into. If any agreement includes terms not provided for in	113961
section 5709.631 of the Revised Code affecting the revenue of a	113962
city, local, or exempted village school district or causing	113963
revenue to be foregone by the district, including any compensation	113964
to be paid to the school district pursuant to section 5709.82 of	113965
the Revised Code, those terms also shall be forwarded in writing	113966
to the director of development along with the copy of the	113967
agreement forwarded under this division.	113968

(I) After an agreement is entered into, the enterprise shall	113969
file with each personal property tax return required to be filed,	113970
or annual report that is required to be filed under section	113971
5727.08 of the Revised Code, while the agreement is in effect, an	113972
informational return, on a form prescribed by the tax commissioner	113973
for that purpose, setting forth separately the property, and	113974
related costs and values, exempted from taxation under the	113975
agreement.	113976

(J) Enterprises may agree to give preference to residents of	113977
the zone within which the agreement applies relative to residents	113978
of this state who do not reside in the zone when hiring new	113979
employees under the agreement.	113980

(K) An agreement entered into under this section may include	113981
a provision requiring the enterprise to create one or more	113982
temporary internship positions for students enrolled in a course	113983
of study at a school or other educational institution in the	113984
vicinity, and to create a scholarship or provide another form of	113985
educational financial assistance for students holding such a	113986
position in exchange for the student's commitment to work for the	113987
enterprise at the completion of the internship.	113988

(L) The tax commissioner's authority in determining the	113989
accuracy of any exemption granted by an agreement entered into	113990
under this section is limited to divisions (B)(1)(b)(i) and (ii),	113991
(B)(2), (C), and (I) of this section, division (B)(1)(b)(iv) of	113992
this section as it pertains to divisions (C)(2)(a), (b), and (c)	113993
of section 5709.62 of the Revised Code, and divisions (B)(1) to	113994
(10) of section 5709.631 of the Revised Code and, as authorized by	113995
law, to enforcing any modification to, or revocation of, that	113996
agreement by the board of county commissioners or the director of	113997
development or, if the board's powers and duties are delegated	113998
under division (G) of this section, by the legislative authority	113999
of a municipal corporation or board of township trustees.	114000

Sec. 5709.632. (A)(1) The legislative authority of a	114001
municipal corporation defined by the United States office of	114002
management and budget as a principal city of a metropolitan	114003
statistical area may, in the manner set forth in section 5709.62	114004
of the Revised Code, designate one or more areas in the municipal	114005
corporation as a proposed enterprise zone.	114006

(2) With the consent of the legislative authority of each	114007
affected municipal corporation or of a board of township trustees,	114008
a board of county commissioners may, in the manner set forth in	114009
section 5709.62 of the Revised Code, designate one or more areas	114010
in one or more municipal corporations or in unincorporated areas	114011
of the county as proposed urban jobs and enterprise zones, except	114012
that a board of county commissioners may designate no more than	114013
one area within a township, or within adjacent townships, as a	114014
proposed urban jobs and enterprise zone.	114015

(3) The legislative authority or board of county	114016
commissioners may petition the director of development for	114017
certification of the area as having the characteristics set forth	114018
in division (A)(3) of section 5709.61 of the Revised Code. Within	114019
sixty days after receiving such a petition, the director shall	114020
determine whether the area has the characteristics set forth in	114021
that division and forward the findings to the legislative	114022
authority or board of county commissioners. If the director	114023
certifies the area as having those characteristics and thereby	114024
certifies it as a zone, the legislative authority or board may	114025
enter into agreements with enterprises under division (B) of this	114026
section. Any enterprise wishing to enter into an agreement with a	114027
legislative authority or board of county commissioners under this	114028
section and satisfying one of the criteria described in divisions	114029
(B)(1) to (5) of this section shall submit a proposal to the	114030
legislative authority or board on the form prescribed under	114031
division (B) of section 5709.62 of the Revised Code and shall	114032
review and update the estimates and listings required by the form	114033
in the manner required under that division. The legislative	114034
authority or board may, on a separate form and at any time,	114035
require any additional information necessary to determine whether	114036
an enterprise is in compliance with an agreement and to collect	114037
the information required to be reported under section 5709.68 of	114038
the Revised Code.	114039

(B) Prior to entering into an agreement with an enterprise,	114040
the legislative authority or board of county commissioners shall	114041
determine whether the enterprise submitting the proposal is	114042
qualified by financial responsibility and business experience to	114043
create and preserve employment opportunities in the zone and to	114044
improve the economic climate of the municipal corporation or	114045
municipal corporations or the unincorporated areas in which the	114046
zone is located and to which the proposal applies, and whether the	114047
enterprise satisfies one of the following criteria:	114048

(1) The enterprise currently has no operations in this state	114049
and, subject to approval of the agreement, intends to establish	114050
operations in the zone;	114051

(2) The enterprise currently has operations in this state	114052
and, subject to approval of the agreement, intends to establish	114053
operations at a new location in the zone that would not result in	114054
a reduction in the number of employee positions at any of the	114055
enterprise's other locations in this state;	114056

(3) The enterprise, subject to approval of the agreement,	114057
intends to relocate operations, currently located in another	114058
state, to the zone;	114059

(4) The enterprise, subject to approval of the agreement,	114060
intends to expand operations at an existing site in the zone that	114061
the enterprise currently operates;	114062

(5) The enterprise, subject to approval of the agreement,	114063
intends to relocate operations, currently located in this state,	114064
to the zone, and the director of development has issued a waiver	114065
for the enterprise under division (B) of section 5709.633 of the	114066
Revised Code.	114067

(C) If the legislative authority or board determines that the	114068
enterprise is so qualified and satisfies one of the criteria	114069
described in divisions (B)(1) to (5) of this section, the	114070
legislative authority or board may, after complying with section	114071
5709.83 of the Revised Code and on or before October 15, ~~2009~~	114072
2010, and, in the case of a board of commissioners, with the	114073
consent of the legislative authority of each affected municipal	114074
corporation or of the board of township trustees, enter into an	114075
agreement with the enterprise under which the enterprise agrees to	114076
establish, expand, renovate, or occupy a facility in the zone and	114077
hire new employees, or preserve employment opportunities for	114078
existing employees, in return for the following incentives:	114079

(1) When the facility is located in a municipal corporation,	114080
a legislative authority or board of commissioners may enter into	114081
an agreement for one or more of the incentives provided in	114082
division (C) of section 5709.62 of the Revised Code, subject to	114083
division (D) of that section;	114084

(2) When the facility is located in an unincorporated area, a	114085
board of commissioners may enter into an agreement for one or more	114086
of the incentives provided in divisions (B)(1)(b), (B)(2), and	114087
(B)(3) of section 5709.63 of the Revised Code, subject to division	114088
(C) of that section.	114089

(D) All agreements entered into under this section shall be	114090
in the form prescribed under section 5709.631 of the Revised Code.	114091
After an agreement under this section is entered into, if the	114092
legislative authority or board of county commissioners revokes its	114093
designation of the zone, or if the director of development revokes	114094
the zone's certification, any entitlements granted under the	114095
agreement shall continue for the number of years specified in the	114096
agreement.	114097

(E) Except as otherwise provided in this division, an	114098
agreement entered into under this section shall require that the	114099
enterprise pay an annual fee equal to the greater of one per cent	114100
of the dollar value of incentives offered under the agreement or	114101
five hundred dollars; provided, however, that if the value of the	114102
incentives exceeds two hundred fifty thousand dollars, the fee	114103
shall not exceed two thousand five hundred dollars. The fee shall	114104
be payable to the legislative authority or board of commissioners	114105
once per year for each year the agreement is effective on the days	114106
and in the form specified in the agreement. Fees paid shall be	114107
deposited in a special fund created for such purpose by the	114108
legislative authority or board and shall be used by the	114109
legislative authority or board exclusively for the purpose of	114110
complying with section 5709.68 of the Revised Code and by the tax	114111
incentive review council created under section 5709.85 of the	114112
Revised Code exclusively for the purposes of performing the duties	114113
prescribed under that section. The legislative authority or board	114114
may waive or reduce the amount of the fee charged against an	114115
enterprise, but such waiver or reduction does not affect the	114116
obligations of the legislative authority or board or the tax	114117
incentive review council to comply with section 5709.68 or 5709.85	114118
of the Revised Code, respectively.	114119

(F) With the approval of the legislative authority of a	114120
municipal corporation or the board of township trustees of a	114121
township in which a zone is designated under division (A)(2) of	114122
this section, the board of county commissioners may delegate to	114123
that legislative authority or board any powers and duties of the	114124
board to negotiate and administer agreements with regard to that	114125
zone under this section.	114126

(G) When an agreement is entered into pursuant to this	114127
section, the legislative authority or board of commissioners	114128
authorizing the agreement shall forward a copy of the agreement to	114129
the director of development and to the tax commissioner within	114130
fifteen days after the agreement is entered into. If any	114131
agreement includes terms not provided for in section 5709.631 of	114132
the Revised Code affecting the revenue of a city, local, or	114133
exempted village school district or causing revenue to be foregone	114134
by the district, including any compensation to be paid to the	114135
school district pursuant to section 5709.82 of the Revised Code,	114136
those terms also shall be forwarded in writing to the director of	114137
development along with the copy of the agreement forwarded under	114138
this division.	114139

(H) After an agreement is entered into, the enterprise shall	114140
file with each personal property tax return required to be filed	114141
while the agreement is in effect, an informational return, on a	114142
form prescribed by the tax commissioner for that purpose, setting	114143
forth separately the property, and related costs and values,	114144
exempted from taxation under the agreement.	114145

(I) An agreement entered into under this section may include	114146
a provision requiring the enterprise to create one or more	114147
temporary internship positions for students enrolled in a course	114148
of study at a school or other educational institution in the	114149
vicinity, and to create a scholarship or provide another form of	114150
educational financial assistance for students holding such a	114151
position in exchange for the student's commitment to work for the	114152
enterprise at the completion of the internship.	114153

Sec. 5711.33. (A)(1) When a county treasurer receives a	114154
certificate from a county auditor pursuant to division (A) of	114155
section 5711.32 of the Revised Code charging the treasurer with	114156
the collection of an amount of taxes due as the result of a	114157
deficiency assessment, the treasurer shall immediately prepare and	114158
mail a tax bill to the taxpayer owing such tax. The tax bill shall	114159
contain the name of the taxpayer; the taxable value, tax rate, and	114160
taxes charged for each year being assessed; the total amount of	114161
taxes due; the final date payment may be made without additional	114162
penalty; and any other information the treasurer considers	114163
pertinent or necessary. Taxes due and payable as a result of a	114164
deficiency assessment, less any amount specifically excepted from	114165
collection under division (B) of section 5711.32 of the Revised	114166
Code, shall be paid with interest thereon as prescribed by section	114167
5719.041 of the Revised Code on or before the sixtieth day	114168
following the date of issuance of the certificate by the county	114169
auditor. The balance of taxes found due and payable after a final	114170
determination by the tax commissioner or a final judgment of the	114171
board of tax appeals or any court to which such final judgment may	114172
be appealed shall be paid with interest thereon as prescribed by	114173
section 5719.041 of the Revised Code on or before the sixtieth day	114174
following the date of certification by the auditor to the	114175
treasurer pursuant to division (C) of section 5711.32 of the	114176
Revised Code of such final determination or judgment. Such final	114177
dates for payment shall be determined and exhibited on the tax	114178
bill by the treasurer.	114179

(2) If, on or before the sixtieth day following the date of a	114180
certification of a deficiency assessment under division (A) of	114181
section 5711.32 of the Revised Code or of a certification of a	114182
final determination or judgment under division (C) of section	114183
5711.32 of the Revised Code, the taxpayer pays the full amount of	114184
taxes and interest due at the time of the receipt of certification	114185
with respect to that assessment, determination, or judgment, no	114186
interest shall accrue or be charged with respect to that	114187
assessment, determination, or judgment for the period that begins	114188
on the first day of the month in which the certification is made	114189
and that ends on the last day of the month preceding the month in	114190
which such sixtieth day occurs.	114191

(B) When the taxes charged, as mentioned in division (A) of	114192
this section, are not paid within the time prescribed by such	114193
division, a penalty of ten per cent of the amount due and unpaid	114194
and interest for the period described in division (A)(2) of this	114195
section shall accrue at the time the treasurer closes the	114196
treasurer's office for business on the last day so prescribed, but	114197
if the taxes are paid within ten days subsequent to the last day	114198
prescribed, the treasurer shall waive the collection of and the	114199
auditor shall remit one-half of the penalty. The treasurer shall	114200
not thereafter accept less than the full amount of taxes and	114201
penalty except as otherwise authorized by law. Such penalty shall	114202
be distributed in the same manner and at the same time as the tax	114203
upon which it has accrued. The whole amount collected shall be	114204
included in the next succeeding settlement of appropriate taxes.	114205

(C) When the taxes charged, as mentioned in division (A) of	114206
this section, remain unpaid after the final date for payment	114207
prescribed by such division, such charges shall be deemed to be	114208
delinquent taxes. The county auditor shall cause such charges,	114209
including the penalty that has accrued pursuant to this section,	114210
to be added to the delinquent tax duplicate in accordance with	114211
section 5719.04 of the Revised Code.	114212

(D) The county auditor, upon consultation with the county	114213
treasurer, shall remit a penalty imposed under division (B) of	114214
this section or division ~~(C)~~(D) of section 5719.03 of the Revised	114215
Code for the late payment of taxes when:	114216

(1) The taxpayer could not make timely payment of the tax	114217
because of the negligence or error of the county auditor or county	114218
treasurer in the performance of a statutory duty relating to the	114219
levy or collection of such tax.	114220

(2) In cases other than those described in division (D)(1) of	114221
this section, the taxpayer failed to receive a tax bill or a	114222
correct tax bill, and the taxpayer made a good faith effort to	114223
obtain such bill within thirty days after the last day for payment	114224
of the tax.	114225

(3) The tax was not timely paid because of the death or	114226
serious injury of the taxpayer, or the taxpayer's confinement in a	114227
hospital within sixty days preceding the last day for payment of	114228
the tax if, in any case, the tax was subsequently paid within	114229
sixty days after the last day for payment of such tax.	114230

(4) The taxpayer demonstrates that the full payment was	114231
properly deposited in the mail in sufficient time for the envelope	114232
to be postmarked by the United States postal service on or before	114233
the last day for payment of such tax. A private meter postmark on	114234
an envelope is not a valid postmark for purposes of establishing	114235
the date of payment of such tax.	114236

(5) In cases other than those described in divisions (D)(1)	114237
to (4) of this section, the taxpayer's failure to make timely	114238
payment of the tax is due to reasonable cause and not willful	114239
neglect.	114240

(E) The taxpayer, upon application within sixty days after	114241
the mailing of the county auditor's decision, may request the tax	114242
commissioner to review the denial of the remission of a penalty by	114243
the county auditor. The application may be filed in person or by	114244
certified mail. If the application is filed by certified mail, the	114245
date of the United States postmark placed on the sender's receipt	114246
by the postal service shall be treated as the date of filing. The	114247
commissioner shall consider the application, determine whether the	114248
penalty should be remitted, and certify the determination to the	114249
taxpayer and to the county treasurer and county auditor, who shall	114250
correct the tax list and duplicate accordingly. The commissioner	114251
may issue orders and instructions for the uniform implementation	114252
of this section by all county auditors and county treasurers, and	114253
such orders and instructions shall be followed by such officers.	114254

Sec. 5715.02. The county treasurer, county auditor, and ~~the~~	114255
~~president of~~a member of the board of county commissioners	114256
selected by the board of county commissioners shall constitute the	114257
county board of revision, or they may provide for one or more	114258
hearing boards when they deem the creation of such to be necessary	114259
to the expeditious hearing of valuation complaints. Each such	114260
official may, appoint one qualified employee from ~~his~~the	114261
official's office to serve in ~~his~~the official's place and stead	114262
on each such board for the purpose of hearing complaints as to the	114263
value of real property only, each such hearing board has the same	114264
authority to hear and decide complaints and sign the journal as	114265
the board of revision, and shall proceed in the manner provided	114266
for the board of revision by sections 5715.08 to 5715.20,	114267
~~inclusive,~~ of the Revised Code. Any decision by a hearing board	114268
shall be the decision of the board of revision.	114269

A majority of a county board of revision or hearing board	114270
shall constitute a quorum to hear and determine any complaint, and	114271
any vacancy shall not impair the right of the remaining members of	114272
such board, whether elected officials or appointees, to exercise	114273
all the powers thereof so long as a majority remains.	114274

Each member of a county board of revision or hearing board	114275
may administer oaths.	114276

Sec. 5715.251. The county auditor may appeal to the board of	114277
tax appeals any determination of change in the abstract of real	114278
property of a taxing district in ~~his~~the auditor's county that is	114279
made by the tax commissioner under section 5715.24 of the Revised	114280
Code. The appeal shall be taken within thirty days after receipt	114281
of the statement by the county auditor of the commissioner's	114282
determination by the filing by the county auditor of a notice of	114283
appeal with the board and the commissioner. Such notice of appeal	114284
shall set forth the determination of the commissioner appealed	114285
from and the errors therein complained of. Proof of the filing of	114286
such notice with the commissioner shall be filed with the board.	114287
The board shall have exclusive jurisdiction of the appeal.	114288

In all such appeals the commissioner shall be made appellee.	114289
Unless waived, notice of the appeal shall be served upon the	114290
commissioner by certified mail. The prosecuting attorney shall	114291
represent the county auditor in such an appeal.	114292

The commissioner, upon written demand filed by the county	114293
auditor, shall within thirty days after the filing of such demand	114294
file with the board a certified transcript of the record of the	114295
commissioner's proceedings pertaining to the determination	114296
complained of and the evidence hethe commissioner considered in	114297
making such determination.	114298

If upon hearing and consideration of such record and evidence	114299
the board decides that the determination appealed from is	114300
reasonable and lawful, it shall affirm the same, but if the board	114301
decides that such determination is unreasonable or unlawful, the	114302
board shall reverse and vacate the determination or modify it and	114303
enter final order in accordance with such modification.	114304

The secretary of the board shall ~~certify~~send the order of	114305
the board to the county auditor and to the commissioner, and they	114306
shall take such action in connection therewith as is required to	114307
give effect to the order of the board. At the request of the	114308
county auditor, the board of tax appeal's order shall be sent by	114309
certified mail at the county auditor's expense.	114310

Sec. 5715.26. (A)(1) Upon receiving the statement required	114311
by section 5715.25 of the Revised Code, the county auditor shall	114312
forthwith add to or deduct from each tract, lot, or parcel of real	114313
property or class of real property the required percentage or	114314
amount of the valuation thereof, adding or deducting any sum less	114315
than five dollars so that the value of any separate tract, lot, or	114316
parcel of real property shall be ten dollars or some multiple	114317
thereof.	114318

(2) ~~When he has made~~After making the additions or deductions	114319
required by this section, the auditor shall transmit to the tax	114320
commissioner the appropriate adjusted abstract of the real	114321
property of each taxing district in ~~his~~the auditor's county in	114322
which an adjustment was required.	114323

(3) If the commissioner increases or decreases the aggregate	114324
value of the real property or any class thereof in any county or	114325
taxing district thereof and does not receive within ninety days	114326
thereafter an adjusted abstract conforming to its statement for	114327
such county or taxing district therein, hethe commissioner shall	114328
withhold from such county or taxing district therein fifty per	114329
cent of its share in the distribution of state revenues to local	114330
governments pursuant to sections 5747.50 to 5747.55 of the Revised	114331
Code and shall direct the department of education to withhold	114332
therefrom fifty per cent of state revenues to school districts	114333
pursuant to ~~Chapter~~Chapters 3306. and 3317. of the Revised Code.	114334
The commissioner shall withhold the distribution of such funds	114335
until such county auditor has complied with this division, and the	114336
department shall withhold the distribution of such funds until the	114337
commissioner has notified the department that such county auditor	114338
has complied with this division.	114339

(B)(1) If the commissioner's determination is appealed under	114340
section 5715.251 of the Revised Code, the county auditor,	114341
treasurer, and all other officers shall forthwith proceed with the	114342
levy and collection of the current year's taxes in the manner	114343
prescribed by law. The taxes shall be determined and collected as	114344
if the commissioner had determined under section 5715.24 of the	114345
Revised Code that the real property and the various classes	114346
thereof in the county as shown in the auditor's abstract were	114347
assessed for taxation and the true and agricultural use values	114348
were recorded on the agricultural land tax list as required by	114349
law.	114350

(2) If as a result of the appeal to the board it is finally	114351
determined either that all real property and the various classes	114352
thereof have not been assessed as required by law or that the	114353
values set forth in the agricultural land tax list do not	114354
correctly reflect the true and agricultural use values of the	114355
lands contained therein, the county auditor shall forthwith add to	114356
or deduct from each tract, lot, or parcel of real property or	114357
class of real property the required percentage or amount of the	114358
valuation in accordance with the order of the board or judgment of	114359
the court to which the board's order was appealed, and the taxes	114360
on each tract, lot, or parcel and the percentages required by	114361
section 319.301 of the Revised Code shall be recomputed using the	114362
valuation as finally determined. The order or judgment making the	114363
final determination shall prescribe the time and manner for	114364
collecting, crediting, or refunding the resultant increases or	114365
decreases in taxes.	114366

Sec. 5717.03. (A) A decision of the board of tax appeals on	114367
an appeal filed with it pursuant to section 5717.01, 5717.011, or	114368
5717.02 of the Revised Code shall be entered of record on the	114369
journal together with the date when the order is filed with the	114370
secretary for journalization.	114371

(B) In case of an appeal from a decision of a county board of	114372
revision, the board of tax appeals shall determine the taxable	114373
value of the property whose valuation or assessment by the county	114374
board of revision is complained of, or in the event the complaint	114375
and appeal is against a discriminatory valuation, shall determine	114376
a valuation which shall correct such discrimination, and shall	114377
determine the liability of the property for taxation, if that	114378
question is in issue, and the board of tax ~~appeals's~~appeals'	114379
decision and the date when it was filed with the secretary for	114380
journalization shall be ~~certified~~sent by the board ~~by certified~~	114381
~~mail~~ to all persons who were parties to the appeal before the	114382
board, to the person in whose name the property is listed, or	114383
sought to be listed, if such person is not a party to the appeal,	114384
to the county auditor of the county in which the property involved	114385
in the appeal is located, and to the tax commissioner.	114386

In correcting a discriminatory valuation, the board of tax	114387
appeals shall increase or decrease the value of the property whose	114388
valuation or assessment by the county board of revision is	114389
complained of by a per cent or amount which will cause such	114390
property to be listed and valued for taxation by an equal and	114391
uniform rule.	114392

(C) In the case of an appeal from a review, redetermination,	114393
or correction of a tax assessment, valuation, determination,	114394
finding, computation, or order of the tax commissioner, the order	114395
of the board of tax appeals and the date of the entry thereof upon	114396
its journal shall be ~~certified~~sent by the board ~~by certified mail~~	114397
to all persons who were parties to the appeal before the board,	114398
the person in whose name the property is listed or sought to be	114399
listed, if the decision determines the valuation or liability of	114400
property for taxation and if such person is not a party to the	114401
appeal, the taxpayer or other person to whom notice of the tax	114402
assessment, valuation, determination, finding, computation, or	114403
order, or correction or redetermination thereof, by the tax	114404
commissioner was by law required to be given, the director of	114405
budget and management, if the revenues affected by such decision	114406
would accrue primarily to the state treasury, and the county	114407
auditors of the counties to the undivided general tax funds of	114408
which the revenues affected by such decision would primarily	114409
accrue.	114410

(D) In the case of an appeal from a municipal board of appeal	114411
created under section 718.11 of the Revised Code, the order of the	114412
board of tax appeals and the date of the entry thereof upon the	114413
board's journal shall be ~~certified~~sent by the board ~~by certified~~	114414
~~mail~~ to all persons who were parties to the appeal before the	114415
board.	114416

(E) In the case of all other appeals or applications filed	114417
with and determined by the board, the board's order and the date	114418
when the order was filed by the secretary for journalization shall	114419
be ~~certified~~sent by the board ~~by certified mail~~ to the person who	114420
is a party to such appeal or application, to such persons as the	114421
law requires, and to such other persons as the board deems proper.	114422

(F) The orders of the board may affirm, reverse, vacate,	114423
modify, or remand the tax assessments, valuations, determinations,	114424
findings, computations, or orders complained of in the appeals	114425
determined by the board, and the board's decision shall become	114426
final and conclusive for the current year unless reversed,	114427
vacated, or modified as provided in section 5717.04 of the Revised	114428
Code. When an order of the board becomes final the tax	114429
commissioner and all officers to whom such decision has been	114430
~~certified~~sent shall make the changes in their tax lists or other	114431
records which the decision requires.	114432

(G) If the board finds that issues not raised on the appeal	114433
are important to a determination of a controversy, the board may	114434
remand the cause for an administrative determination and the	114435
issuance of a new tax assessment, valuation, determination,	114436
finding, computation, or order, unless the parties stipulate to	114437
the determination of such other issues without remand. An order	114438
remanding the cause is a final order. If the order relates to any	114439
issue other than a municipal income tax matter appealed under	114440
sections 718.11 and 5717.011 of the Revised Code, the order may be	114441
appealed to the court of appeals in Franklin county. If the order	114442
relates to a municipal income tax matter appealed under sections	114443
718.11 and 5717.011 of the Revised Code, the order may be appealed	114444
to the court of appeals for the county in which the municipal	114445
corporation in which the dispute arose is primarily situated.	114446

(H) At the request of any person that filed an appeal subject	114447
to this section, the decision or order of the board of tax appeals	114448
issued pursuant to division (B), (C), (D), or (E) of this section	114449
shall be sent by certified mail at the requestor's expense.	114450

Sec. 5717.04. The proceeding to obtain a reversal, vacation,	114451
or modification of a decision of the board of tax appeals shall be	114452
by appeal to the supreme court or the court of appeals for the	114453
county in which the property taxed is situate or in which the	114454
taxpayer resides. If the taxpayer is a corporation, then the	114455
proceeding to obtain such reversal, vacation, or modification	114456
shall be by appeal to the supreme court or to the court of appeals	114457
for the county in which the property taxed is situate, or the	114458
county of residence of the agent for service of process, tax	114459
notices, or demands, or the county in which the corporation has	114460
its principal place of business. In all other instances, the	114461
proceeding to obtain such reversal, vacation, or modification	114462
shall be by appeal to the court of appeals for Franklin county.	114463

Appeals from decisions of the board determining appeals from	114464
decisions of county boards of revision may be instituted by any of	114465
the persons who were parties to the appeal before the board of tax	114466
appeals, by the person in whose name the property involved in the	114467
appeal is listed or sought to be listed, if such person was not a	114468
party to the appeal before the board of tax appeals, or by the	114469
county auditor of the county in which the property involved in the	114470
appeal is located.	114471

Appeals from decisions of the board of tax appeals	114472
determining appeals from final determinations by the tax	114473
commissioner of any preliminary, amended, or final tax	114474
assessments, reassessments, valuations, determinations, findings,	114475
computations, or orders made by the commissioner may be instituted	114476
by any of the persons who were parties to the appeal or	114477
application before the board, by the person in whose name the	114478
property is listed or sought to be listed, if the decision	114479
appealed from determines the valuation or liability of property	114480
for taxation and if any such person was not a party to the appeal	114481
or application before the board, by the taxpayer or any other	114482
person to whom the decision of the board appealed from was by law	114483
required to be ~~certified~~sent, by the director of budget and	114484
management, if the revenue affected by the decision of the board	114485
appealed from would accrue primarily to the state treasury, by the	114486
county auditor of the county to the undivided general tax funds of	114487
which the revenues affected by the decision of the board appealed	114488
from would primarily accrue, or by the tax commissioner.	114489

Appeals from decisions of the board upon all other appeals or	114490
applications filed with and determined by the board may be	114491
instituted by any of the persons who were parties to such appeal	114492
or application before the board, by any persons to whom the	114493
decision of the board appealed from was by law required to be	114494
~~certified~~sent, or by any other person to whom the board ~~certified~~	114495
sent the decision appealed from, as authorized by section 5717.03	114496
of the Revised Code.	114497

Such appeals shall be taken within thirty days after the date	114498
of the entry of the decision of the board on the journal of its	114499
proceedings, as provided by such section, by the filing by	114500
appellant of a notice of appeal with the court to which the appeal	114501
is taken and the board. If a timely notice of appeal is filed by a	114502
party, any other party may file a notice of appeal within ten days	114503
of the date on which the first notice of appeal was filed or	114504
within the time otherwise prescribed in this section, whichever is	114505
later. A notice of appeal shall set forth the decision of the	114506
board appealed from and the errors therein complained of. Proof of	114507
the filing of such notice with the board shall be filed with the	114508
court to which the appeal is being taken. The court in which	114509
notice of appeal is first filed shall have exclusive jurisdiction	114510
of the appeal.	114511

In all such appeals the tax commissioner or all persons to	114512
whom the decision of the board appealed from is required by such	114513
section to be ~~certified~~sent, other than the appellant, shall be	114514
made appellees. Unless waived, notice of the appeal shall be	114515
served upon all appellees by certified mail. The prosecuting	114516
attorney shall represent the county auditor in any such appeal in	114517
which the auditor is a party.	114518

The board, upon written demand filed by an appellant, shall	114519
within thirty days after the filing of such demand file with the	114520
court to which the appeal is being taken a certified transcript of	114521
the record of the proceedings of the board pertaining to the	114522
decision complained of and the evidence considered by the board in	114523
making such decision.	114524

If upon hearing and consideration of such record and evidence	114525
the court decides that the decision of the board appealed from is	114526
reasonable and lawful it shall affirm the same, but if the court	114527
decides that such decision of the board is unreasonable or	114528
unlawful, the court shall reverse and vacate the decision or	114529
modify it and enter final judgment in accordance with such	114530
modification.	114531

The clerk of the court shall certify the judgment of the	114532
court to the board, which shall certify such judgment to such	114533
public officials or take such other action in connection therewith	114534
as is required to give effect to the decision. The "taxpayer"	114535
includes any person required to return any property for taxation.	114536

Any party to the appeal shall have the right to appeal from	114537
the judgment of the court of appeals on questions of law, as in	114538
other cases.	114539

Sec. 5721.01. (A) As used in this chapter:

114540

(1) "Delinquent lands" means all lands upon which delinquent	114541
taxes, as defined in section 323.01 of the Revised Code, remain	114542
unpaid at the time a settlement is made between the county	114543
treasurer and auditor pursuant to division (C) of section 321.24	114544
of the Revised Code.	114545

(2) "Delinquent vacant lands" means all lands that have been	114546
delinquent lands for at least one year and that are unimproved by	114547
any dwelling.	114548

(3) "County land reutilization corporation" means a county	114549
land reutilization corporation organized under Chapter 1724. of	114550
the Revised Code.	114551

(B) As used in sections 5719.04, 5721.03, and 5721.31 of the	114552
Revised Code and in any other sections of the Revised Code to	114553
which those sections are applicable, a newspaper or newspaper of	114554
general circulation shall be a publication bearing a title or	114555
name, regularly issued as frequently as once a week ~~for a definite~~	114556
~~price or consideration paid for by not less than fifty per cent of~~	114557
~~those to whom distribution is made, having a second class mailing~~	114558
~~privilege~~, being not less than four pages, published continuously	114559
during the immediately preceding one-year period, and circulated	114560
generally in the political subdivision in which it is published.	114561
Such publication shall be of a type to which the general public	114562
resorts for passing events of a political, religious, commercial,	114563
and social nature, current happenings, announcements,	114564
miscellaneous reading matter, advertisements, and other notices,	114565
that has at least twenty-five per cent editorial, nonadvertising	114566
content, exclusive of inserts, measured relative to total	114567
publication space, and an audited circulation to at least fifty	114568
per cent of the households in the newspaper's retail trade zone as	114569
defined by the audit.	114570

Sec. 5721.32. (A) The sale of tax certificates by public	114571
auction may be conducted at any time after completion of the	114572
advertising of the sale under section 5721.31 of the Revised Code,	114573
on the date and at the time and place designated in the	114574
advertisements, and may be continued from time to time as the	114575
county treasurer directs. The county treasurer may offer the tax	114576
certificates for sale in blocks of tax certificates, consisting of	114577
any number of tax certificates as determined by the county	114578
treasurer.	114579

(B)(1) The sale of tax certificates under this section shall	114580
be conducted at a public auction by the county treasurer or a	114581
designee of the county treasurer.	114582

(2) No person shall be permitted to bid without completing a	114583
bidder registration form, in the form prescribed by the tax	114584
commissioner, and without filing the form with the county	114585
treasurer prior to the start of the auction, together with	114586
remittance of a registration fee, in cash, of five hundred	114587
dollars. The bidder registration form shall include a tax	114588
identification number of the registrant. The registration fee is	114589
refundable at the end of bidding on the day of the auction, unless	114590
the registrant is the winning bidder for one or more tax	114591
certificates or one or more blocks of tax certificates, in which	114592
case the fee may be applied toward the deposit required by this	114593
section.	114594

(3) The county treasurer may require a person who wishes to	114595
bid on one or more parcels to submit a letter from a financial	114596
institution stating that the bidder has sufficient funds available	114597
to pay the purchase price of the parcels and a written	114598
authorization for the treasurer to verify such information with	114599
the financial institution. The county treasurer may require	114600
submission of the letter and authorization sufficiently in advance	114601
of the auction to allow for verification. No person who fails to	114602
submit the required letter and authorization, or whose financial	114603
institution fails to provide the requested verification, shall be	114604
permitted to bid.	114605

(C) At the public auction, the county treasurer or the	114606
treasurer's designee or agent shall begin the bidding at eighteen	114607
per cent per year simple interest, and accept lower bids in even	114608
increments of one-fourth of one per cent to the rate of zero per	114609
cent. The county treasurer, designee, or agent shall award the tax	114610
certificate to the person bidding the lowest certificate rate of	114611
interest. The county treasurer shall decide which person is the	114612
winning bidder in the event of a tie for the lowest bid offered,	114613
or if a person contests the lowest bid offered. The county	114614
treasurer's decision is not appealable.	114615

(D)(1) The winning bidder shall pay the county treasurer a	114616
cash deposit of at least ten per cent of the certificate purchase	114617
price not later than the close of business on the day of the sale.	114618
The winning bidder shall pay the balance and the fee required	114619
under division (H) of this section not later than five business	114620
days after the day on which the certificate is sold. Except as	114621
provided under division (D)(2) of this section, if the winning	114622
bidder fails to pay the balance and fee within the prescribed	114623
time, the bidder forfeits the deposit, and the county treasurer	114624
shall retain the tax certificate and may attempt to sell it at	114625
any auction conducted at a later date.	114626

(2) At the request of a winning bidder, the county treasurer	114627
may release the bidder from the bidder's tax certificate purchase	114628
obligation. The county treasurer may retain all or any portion of	114629
the deposit of a bidder granted a release. After granting a	114630
release under this division, the county treasurer may award the	114631
tax certificate to the person that submitted the second lowest bid	114632
at the auction.	114633

(3) The county treasurer shall deposit the deposit	114634
forfeited or retained under divisions (D)(1) or (2) of this	114635
section in the county treasury to the credit of the tax	114636
certificate administration fund.	114637

(E) Upon receipt of the full payment of the certificate	114638
purchase price from the purchaser, the county treasurer shall	114639
issue the tax certificate and record the tax certificate sale by	114640
entering into a tax certificate register the certificate purchase	114641
price, the certificate rate of interest, the date the certificate	114642
was sold, the name and address of the certificate holder, and any	114643
other information the county treasurer considers necessary. The	114644
county treasurer may keep the tax certificate register in a	114645
hard-copy format or in an electronic format. The name and address	114646
of the certificate holder may be, upon receipt of instructions	114647
from the purchaser, that of the secured party of the actual	114648
purchaser, or an agent or custodian for the purchaser or secured	114649
party. The county treasurer also shall transfer the tax	114650
certificate to the certificate holder. The county treasurer shall	114651
apportion the part of the proceeds from the sale representing	114652
taxes, penalties, and interest among the several taxing districts	114653
in the same proportion that the amount of taxes levied by each	114654
district against the certificate parcel in the preceding tax year	114655
bears to the taxes levied by all such districts against the	114656
certificate parcel in the preceding tax year, and credit the part	114657
of the proceeds representing assessments and other charges to the	114658
items of assessments and charges in the order in which those	114659
items became due. Upon issuing a tax certificate, the delinquent	114660
taxes that make up the certificate purchase price are	114661
transferred, and the superior lien of the state and its taxing	114662
districts for those delinquent taxes is conveyed intact to the	114663
certificate holder.	114664

(F) If a tax certificate is offered for sale under this	114665
section but is not sold, the county treasurer may strike the	114666
corresponding certificate parcel from the list of parcels selected	114667
for tax certificate sales. The lien for taxes, assessments,	114668
charges, penalties, and interest against a parcel stricken from	114669
the list thereafter may be foreclosed in the manner prescribed by	114670
section 323.25, sections 323.65 to 323.79, or section 5721.14 or	114671
5721.18 of the Revised Code unless, prior to the institution of	114672
such proceedings against the parcel, the county treasurer restores	114673
the parcel to the list of parcels selected for tax certificate	114674
sales.	114675

(G) A certificate holder shall not be liable for damages	114676
arising from a violation of sections 3737.87 to 3737.891 or	114677
Chapter 3704., 3734., 3745., 3746., 3750., 3751., 3752., 6109., or	114678
6111. of the Revised Code, or a rule adopted or order, permit,	114679
license, variance, or plan approval issued under any of those	114680
chapters, that is or was committed by another person in connection	114681
with the parcel for which the tax certificate is held.	114682

(H) When selling a tax certificate under this section, the	114683
county treasurer shall charge a fee to the purchaser of the	114684
certificate. The county treasurer shall set the fee at a	114685
reasonable amount that covers the treasurer's costs of	114686
administering the sale of the tax certificate. The county	114687
treasurer shall deposit the fee in the county treasury to the	114688
credit of the tax certificate administration fund.	114689

(I) After selling a tax certificate under this section, the	114690
county treasurer shall send written notice by certified mail to	114691
the owner of the certificate parcel at the owner's last known	114692
tax-mailing address. The notice shall inform the owner that the	114693
tax certificate was sold, shall describe the owner's options to	114694
redeem the parcel, including entering into a redemption payment	114695
plan under division (C)(1) of section 5721.38 of the Revised Code,	114696
and shall name the certificate holder and its secured party, if	114697
any. However, the county treasurer is not required to send a	114698
notice under this division if the treasurer previously has	114699
attempted to send a notice to the owner of the parcel at the	114700
owner's last known tax-mailing address, and the postal service	114701
has returned the notice as undeliverable.	114702

(J) A tax certificate shall not be sold to the owner of the	114703
certificate parcel. ~~A tax certificate shall not be sold to a~~	114704
~~county land reutilization corporation after two years following~~	114705
~~the filing of its articles of incorporation by the secretary of~~	114706
~~state.~~	114707

Sec. 5721.33. (A) A county treasurer may, in the treasurer's	114708
discretion, negotiate the sale or transfer of any number of tax	114709
certificates with one or more persons, including a county land	114710
reutilization corporation. ~~No tax certificate shall be sold or~~	114711
~~transferred to a county land reutilization corporation after two~~	114712
~~years following the filing of its articles of incorporation by the~~	114713
~~secretary of state.~~ Terms that may be negotiated include,	114714
without limitation, any of the following:	114715

(1) A premium to be added to or discount to be subtracted	114716
from the certificate purchase price for the tax certificates;	114717

(2) Different time frames under which the certificate holder	114718
may initiate a foreclosure action than are otherwise allowed under	114719
sections 5721.30 to 5721.43 of the Revised Code, not to exceed six	114720
years after the date the tax certificate was sold or transferred;	114721

(3) The amount to be paid in private attorney's fees related	114722
to tax certificate foreclosures, subject to section 5721.371 of	114723
the Revised Code;	114724

(4) Any other terms of the sale or transfer that the county	114725
treasurer, in the treasurer's discretion, determines appropriate	114726
or necessary for the sale or transfer.	114727

(B) The sale or transfer of tax certificates under this	114728
section shall be governed by the criteria established by the	114729
county treasurer pursuant to division (E) of this section.	114730

(C) The county treasurer may execute a tax certificate	114731
sale/purchase agreement and other necessary agreements with a	114732
designated purchaser or purchasers to complete a negotiated sale	114733
or transfer of tax certificates.	114734

(D) The tax certificate may be sold at a premium to or	114735
discount from the certificate purchase price. The county treasurer	114736
may establish as one of the terms of the negotiated sale the	114737
portion of the certificate purchase price, plus any applicable	114738
premium or less any applicable discount, that the purchaser or	114739
purchasers shall pay in cash on the date the tax certificates are	114740
sold and the portion, if any, of the certificate purchase price,	114741
plus any applicable premium or less any applicable discount, that	114742
the purchaser or purchasers shall pay in noncash consideration and	114743
the nature of that consideration.	114744

The county treasurer shall sell such tax certificates at a	114745
certificate purchase price, plus any applicable premium and less	114746
any applicable discount, and at a certificate rate of interest	114747
that, in the treasurer's determination, are in the best interests	114748
of the county.	114749

(E)(1) The county treasurer shall adopt rules governing the	114750
eligibility of persons to purchase tax certificates or to	114751
otherwise participate in a negotiated sale under this section. The	114752
rules may provide for precertification of such persons, including	114753
a requirement for disclosure of income, assets, and any other	114754
financial information the county treasurer determines appropriate.	114755
The rules also may prohibit any person that is delinquent in the	114756
payment of any tax to the county or to the state, or that is in	114757
default in or on any other obligation to the county or to the	114758
state, from purchasing a tax certificate or otherwise	114759
participating in a negotiated sale of tax certificates under this	114760
section. The rules may also authorize the purchase of certificates	114761
by a county land reutilization corporation, and authorize the	114762
county treasurer to receive notes in lieu of cash, with such	114763
notes being payable to the treasurer upon the receipt or	114764
enforcement of such taxes, assessments, charges, costs,	114765
penalties, and interest, and as otherwise further agreed between	114766
the corporation and the treasurer. ~~A county land reutilization~~	114767
~~corporation may not purchase any such certificate after two years~~	114768
~~following the filing of its articles of incorporation by the~~	114769
~~secretary of state.~~ The eligibility information required shall	114770
include the tax identification number of the purchaser and may	114771
include the tax identification number of the participant. The	114772
county treasurer, upon request, shall provide a copy of the	114773
rules adopted under this section.	114774

(2) Any person that intends to purchase a tax certificate in	114775
a negotiated sale shall submit an affidavit to the county	114776
treasurer that establishes compliance with the applicable	114777
eligibility criteria and includes any other information required	114778
by the treasurer. Any person that fails to submit such an	114779
affidavit is ineligible to purchase a tax certificate. Any person	114780
that knowingly submits a false or misleading affidavit shall	114781
forfeit any tax certificate or certificates purchased by the	114782
person at a sale for which the affidavit was submitted, shall be	114783
liable for payment of the full certificate purchase price, plus	114784
any applicable premium and less any applicable discount, of the	114785
tax certificate or certificates, and shall be disqualified from	114786
participating in any tax certificate sale conducted in the county	114787
during the next five years.	114788

(3) A tax certificate shall not be sold to the owner of the	114789
certificate parcel or to any corporation, partnership, or	114790
association in which such owner has an interest. No person that	114791
purchases a tax certificate in a negotiated sale shall assign or	114792
transfer the tax certificate to the owner of the certificate	114793
parcel or to any corporation, partnership, or association in which	114794
the owner has an interest. Any person that knowingly or	114795
negligently transfers or assigns a tax certificate to the owner of	114796
the certificate parcel or to any corporation, partnership, or	114797
association in which such owner has an interest shall be liable	114798
for payment of the full certificate purchase price, plus any	114799
applicable premium and less any applicable discount, and shall not	114800
be entitled to a refund of any amount paid. Such tax certificate	114801
shall be deemed void and the tax lien sold under the tax	114802
certificate shall revert to the county as if no sale of the tax	114803
certificate had occurred.	114804

(F) The purchaser in a negotiated sale under this section	114805
shall deliver the certificate purchase price or other	114806
consideration, plus any applicable premium and less any applicable	114807
discount and including any noncash consideration, to the county	114808
treasurer not later than the close of business on the date the tax	114809
certificates are delivered to the purchaser. The certificate	114810
purchase price, less any applicable discount, or portion of the	114811
price, that is paid in cash shall be deposited in the county's	114812
general fund to the credit of the account to which ad valorem	114813
real property taxes are credited and further credited as provided	114814
in division (G) of this section. Any applicable premium that is	114815
paid shall be, at the discretion of the county treasurer,	114816
apportioned to and deposited in any authorized county fund. The	114817
purchaser also shall pay on the date the tax certificates are	114818
delivered to the purchaser the fee, if any, negotiated under	114819
division (J) of this section. If the purchaser fails to pay the	114820
certificate purchase price, plus any applicable premium and less	114821
any applicable discount, and any such fee, within the time	114822
periods required by this section, the county treasurer shall	114823
retain the tax certificate and may attempt to sell it at any	114824
auction or negotiated sale conducted at a later date.	114825

(G) Upon receipt of the full payment from the purchaser of	114826
the certificate purchase price or other agreed-upon consideration,	114827
plus any applicable premium and less any applicable discount, and	114828
the negotiated fee, if any, the county treasurer, or a qualified	114829
trustee whom the treasurer has engaged for such purpose, shall	114830
issue the tax certificate and record the tax certificate sale by	114831
entering into a tax certificate register the certificate purchase	114832
price, any premium paid or discount taken, the certificate rate	114833
of interest, the date the certificates were sold, the name and	114834
address of the certificate holder or, in the case of issuance of	114835
the tax certificates in a book-entry system, the name and address	114836
of the nominee, and any other information the county treasurer	114837
considers necessary. The county treasurer may keep the tax	114838
certificate register in a hard-copy format or an electronic	114839
format. The name and address of the certificate holder or nominee	114840
may be, upon receipt of instructions from the purchaser, that of	114841
the secured party of the actual purchaser, or an agent or	114842
custodian for the purchaser or secured party. The county treasurer	114843
also shall transfer the tax certificates to the certificate	114844
holder. The county treasurer shall apportion the part of the cash	114845
proceeds from the sale representing taxes, penalties, and interest	114846
among the several taxing districts in the same proportion that	114847
the amount of taxes levied by each district against the	114848
certificate parcels in the preceding tax year bears to the taxes	114849
levied by all such districts against the certificate parcels in	114850
the preceding tax year, and credit the part of the proceeds	114851
representing assessments and other charges to the items of	114852
assessments and charges in the order in which those items became	114853
due. If the cash proceeds from the sale are not sufficient to	114854
fully satisfy the items of taxes, assessments, penalties,	114855
interest, and charges on the certificate parcels against which	114856
tax certificates were sold, the county treasurer shall credit	114857
the cash proceeds to such items pro rata based upon the	114858
proportion that each item of taxes, assessments, penalties,	114859
interest, and charges bears to the aggregate of all such items,	114860
or by any other method that the county treasurer, in the	114861
treasurer's sole discretion, determines is equitable. Upon	114862
issuing the tax certificates, the delinquent taxes that make up	114863
the certificate purchase price are transferred, and the superior	114864
lien of the state and its taxing districts for those delinquent	114865
taxes is conveyed intact to the certificate holder or holders.	114866

(H) If a tax certificate is offered for sale under this	114867
section but is not sold, the county treasurer may strike the	114868
corresponding certificate parcel from the list of parcels selected	114869
for tax certificate sales. The lien for taxes, assessments,	114870
charges, penalties, and interest against a parcel stricken from	114871
the list thereafter may be foreclosed in the manner prescribed by	114872
section 323.25, 5721.14, or 5721.18 of the Revised Code unless,	114873
prior to the institution of such proceedings against the parcel,	114874
the county treasurer restores the parcel to the list of parcels	114875
selected for tax certificate sales.	114876

(I) Neither a certificate holder nor its secured party, if	114877
any, shall be liable for damages arising from a violation of	114878
sections 3737.87 to 3737.891 or Chapter 3704., 3734., 3745.,	114879
3746., 3750., 3751., 3752., 6109., or 6111. of the Revised Code,	114880
or a rule adopted or order, permit, license, variance, or plan	114881
approval issued under any of those chapters, that is or was	114882
committed by another person in connection with the parcel for	114883
which the tax certificate is held.	114884

(J) When selling or transferring a tax certificate under this	114885
section, the county treasurer may negotiate with the purchaser of	114886
the certificate for fees paid by the purchaser to the county	114887
treasurer to reimburse the treasurer for any part or all of the	114888
treasurer's costs of preparing for and administering the sale of	114889
the tax certificate and any fees set forth by the county treasurer	114890
in the tax certificate sale/purchase agreement. Such fees, if	114891
any, shall be added to the certificate purchase price and shall be	114892
paid by the purchaser on the date of delivery of the tax	114893
certificate. The county treasurer shall deposit the fees in the	114894
county treasury to the credit of the tax certificate	114895
administration fund.	114896

(K) After selling tax certificates under this section, the	114897
county treasurer shall send written notice by certified mail to	114898
the last known tax-mailing address of the owner of the	114899
certificate parcel. The notice shall inform the owner that a tax	114900
certificate with respect to such owner's parcel was sold or	114901
transferred and shall describe the owner's options to redeem the	114902
parcel, including entering into a redemption payment plan under	114903
division (C)(2) of section 5721.38 of the Revised Code. However,	114904
the county treasurer is not required to send a notice under this	114905
division if the treasurer previously has attempted to send a	114906
notice to the owner of the parcel at the owner's last known	114907
tax-mailing address and the postal service has returned the	114908
notice as undeliverable.	114909

Sec. 5722.02. (A) Any municipal corporation, county, or	114910
township may elect to adopt and implement the procedures set	114911
forth in sections 5722.02 to 5722.15 of the Revised Code to	114912
facilitate the effective reutilization of nonproductive land	114913
situated within its boundaries. Such election shall be made by	114914
ordinance in the case of a municipal corporation, and by	114915
resolution in the case of a county or township. The ordinance or	114916
resolution shall state that the existence of nonproductive land	114917
within its boundaries is such as to necessitate the	114918
implementation of a land reutilization program to foster either	114919
the return of such nonproductive land to tax revenue generating	114920
status or the devotion thereof to public use.	114921

(B) Any county adopting a resolution under division (A) of	114922
this section may direct in the resolution that a county land	114923
reutilization corporation be organized under Chapter 1724. of the	114924
Revised Code to act on behalf of and cooperate with the county in	114925
exercising the powers and performing the duties of the county	114926
under this chapter. The powers extended to a county land	114927
reutilization corporation shall not be construed as a limitation	114928
on the powers granted to a county land reutilization corporation	114929
under Chapter 1724. of the Revised Code, but shall be construed as	114930
additional powers~~, except that a county land reutilization~~	114931
~~corporation may not acquire any interest in real property under~~	114932
~~this chapter after two years following the filing of its articles~~	114933
~~of incorporation by the secretary of state~~.	114934

(C) An electing subdivision shall promptly deliver certified	114935
copies of such ordinance or resolution to the auditor, treasurer,	114936
and the prosecutor of each county in which the electing	114937
subdivision is situated. On and after the effective date of such	114938
ordinance or resolution, the foreclosure, sale, management, and	114939
disposition of all nonproductive land situated within the electing	114940
subdivision's boundaries shall be governed by the procedures set	114941
forth in sections 5722.02 to 5722.15 of the Revised Code, and, in	114942
the case of a county land reutilization corporation, as authorized	114943
under Chapter 1724. of the Revised Code. When a county adopts a	114944
resolution organizing a county land reutilization corporation	114945
pursuant to this chapter, the county shall deliver a copy of the	114946
resolution to the county auditor, county treasurer, and county	114947
prosecuting attorney.	114948

(D) A county, a county land reutilization corporation, and a	114949
municipal corporation or township may enter into an agreement to	114950
implement the procedures in sections 5722.02 to 5722.15 of the	114951
Revised Code within the boundaries of the municipal corporation	114952
or township if the county and the township or municipal	114953
corporation are electing subdivisions and the county has, by	114954
resolution, designated a county land reutilization corporation to	114955
act on its behalf under this chapter.	114956

Any property acquired by a county land reutilization	114957
corporation in a transaction other than the tax foreclosure	114958
procedures in Chapter 323., 5721., or 5723. of the Revised Code	114959
shall be subject to a priority right of acquisition by a municipal	114960
corporation or township in which the property is located for a	114961
period of thirty days after the county land reutilization	114962
corporation first records the deed evidencing acquisition of such	114963
property with the county recorder. A municipal corporation or	114964
township claiming a priority right of acquisition shall file, and	114965
the county recorder shall record, an instrument evidencing such	114966
right within the thirty-day period. The instrument shall include	114967
the name and address of the applicable municipal corporation or	114968
township, the parcel or other identifying number and an	114969
affirmative statement by the municipal corporation or township	114970
that it intends to acquire the property. If the municipal	114971
corporation or township records such an instrument within the	114972
thirty-day period, then the priority right of acquisition shall be	114973
effective for a period of ninety days after the instrument is	114974
recorded. If the municipal corporation or township does not record	114975
the instrument expressing its intent to acquire the property or,	114976
if having timely recorded such instrument does not thereafter	114977
acquire and record a deed within the ninety-day period following	114978
the recording of its intent to acquire the property, then the	114979
county land reutilization corporation may dispose of such property	114980
free and clear of any claim or interest of such municipal	114981
corporation or township. If a municipal corporation or township	114982
does not record an instrument of intent to acquire property within	114983
the thirty-day period, or if a municipal corporation or township,	114984
after timely recording an instrument of intent to acquire a	114985
parcel, does not thereafter acquire the parcel within ninety days	114986
and record a deed thereto with the county recorder, the municipal	114987
corporation or township has no statutory, legal, or equitable	114988
claim or estate in property acquired by the county land	114989
reutilization corporation. This section shall not be construed to	114990
constitute an exception to free and clear title to the property	114991
held by a county land reutilization corporation or any of its	114992
subsequent transferees, or to preclude a county land reutilization	114993
corporation and any municipal corporation or township from	114994
entering into an agreement that disposes of property on terms to	114995
which they may thereafter mutually agree.	114996

Sec. 5722.04. (A) Upon receipt of an ordinance or resolution	114997
adopted pursuant to section 5722.02 of the Revised Code, the	114998
county auditor shall deliver to the electing subdivision a list of	114999
all delinquent lands within an electing subdivision's boundaries	115000
that have been forfeited to the state pursuant to section 5723.01	115001
of the Revised Code and thereafter shall notify the electing	115002
subdivision of any additions to or deletions from such list.	115003

The electing subdivision shall select from such lists the	115004
forfeited lands that constitute nonproductive lands that the	115005
subdivision wishes to acquire, and shall notify the county auditor	115006
of its selection prior to the advertisement and sale of such	115007
lands. Notwithstanding the sales price provisions of division	115008
(A)(1) of section 5723.06 of the Revised Code, the selected	115009
nonproductive lands shall be advertised for sale and be sold to	115010
the highest bidder for an amount at least sufficient to pay the	115011
amount determined under division (A)(2) of section 5721.16 of the	115012
Revised Code. All nonproductive lands forfeited to the state and	115013
selected by an electing subdivision, when advertised for sale	115014
pursuant to the relevant procedures set forth in Chapter 5723. of	115015
the Revised Code, shall be advertised separately from the	115016
advertisement applicable to other forfeited lands. The	115017
advertisement relating to the selected nonproductive lands also	115018
shall include a statement that the lands have been selected by the	115019
electing subdivision as nonproductive lands that it wishes to	115020
acquire and that, if at the forfeiture sale no bid for the sum of	115021
the taxes, assessments, charges, penalties, interest, and costs	115022
due on the parcel as determined under division (A)(1)(a) of	115023
section 5723.06 of the Revised Code is received, the lands shall	115024
be sold to the electing subdivision.	115025

(B) If any nonproductive land that has been forfeited to the	115026
state and selected by an electing subdivision is advertised and	115027
offered for sale by the auditor pursuant to Chapter 5723. of the	115028
Revised Code, but no minimum bid is received, the electing	115029
subdivision shall be deemed to have submitted the winning bid, and	115030
the land is deemed sold to the electing subdivision for no	115031
consideration other than the fee charged under division (C) of	115032
this section. If both a county and a township in that county have	115033
adopted a resolution pursuant to section 5722.02 of the Revised	115034
Code and both subdivisions select the same parcel or parcels of	115035
land, the electing subdivision deemed to have submitted the	115036
winning bid under this division shall be determined pursuant to	115037
division (D) of section 5722.03 of the Revised Code.	115038

The auditor shall announce the bid at the sale and shall	115039
declare the selected nonproductive land to be sold to the electing	115040
subdivision. The auditor shall deliver to the electing subdivision	115041
a certificate of sale.	115042

(C) On the returning of the certificate of sale to the	115043
auditor, the auditor shall execute and file for recording a deed	115044
conveying title to the selected nonproductive land and, once the	115045
deed has been recorded, deliver it to the electing subdivision.	115046
Thereupon, all previous title is extinguished, and the title in	115047
the electing subdivision is incontestable and free and clear from	115048
all liens and encumbrances, except taxes and special assessments	115049
that are not due at the time of the sale and any easements and	115050
covenants of record running with the land and created prior to the	115051
time at which the taxes or assessments, for the nonpayment of	115052
which the nonproductive land was forfeited, became due and	115053
payable. At the time of the sale, the auditor shall collect and	115054
the electing subdivision shall pay the fee required by law for	115055
transferring and recording of deeds.	115056

Upon delivery of a deed conveying any nonproductive land to	115057
an electing subdivision, the county auditor shall charge all costs	115058
incurred in any proceeding instituted under section 5721.14 or	115059
5721.18 of the Revised Code or incurred as a result of the	115060
forfeiture and sale of the nonproductive land to the taxing	115061
districts, including the electing subdivision, in direct	115062
proportion to their interest in the taxes, assessments, charges,	115063
interest, and penalties on the nonproductive land due and payable	115064
at the time the land was sold at the forfeiture sale. The interest	115065
of each taxing district in the taxes, assessments, charges,	115066
penalties, and interest on the nonproductive land shall bear the	115067
same proportion to the amount of those taxes, assessments,	115068
charges, penalties, and interest that the amount of taxes levied	115069
by each district against the nonproductive land in the preceding	115070
tax year bears to the taxes levied by all such districts against	115071
the nonproductive land in the preceding tax year. For the purposes	115072
of this division, a county land reutilization corporation shall be	115073
deemed to have the proportionate interest as the county	115074
designating or organizing such corporation in the taxes,	115075
assessments, charges, penalties, and interest on the nonproductive	115076
land in the county. In making a semiannual apportionment of	115077
funds, the auditor shall retain at the next apportionment the	115078
amount charged to each such taxing district, except for a county	115079
land reutilization corporation acting on behalf of a county, the	115080
auditor shall invoice the corporation the amount charged to it.	115081

(D) Where no political subdivision has requested to purchase	115082
a parcel of land at a foreclosure sale, any lands otherwise	115083
forfeited to the state for want of a bid at the foreclosure sale	115084
may, upon the request of a county land reutilization corporation,	115085
be transferred directly to the corporation without appraisal or	115086
public bidding~~, except that no interest in real property may be~~	115087
~~transferred to a county land reutilization corporation under this~~	115088
~~section after two years following the filing of its articles of~~	115089
~~incorporation by the secretary of state~~.	115090

Sec. 5722.21. (A) As used in this section:

115091

(1) "Eligible delinquent land" means delinquent land or	115092
delinquent vacant land, as defined in section 5721.01 of the	115093
Revised Code, included in a delinquent tax list or delinquent	115094
vacant land tax list that has been certified delinquent within the	115095
meaning of section 5721.03 of the Revised Code, excluding any	115096
certificate parcel as defined in section 5721.30 of the Revised	115097
Code.	115098

(2) "Delinquent taxes" means the cumulative amount of unpaid	115099
taxes, assessments, recoupment charges, penalties, and interest	115100
charged against eligible delinquent land that became delinquent	115101
before transfer of title to a county, municipal corporation,	115102
township, or county land reutilization corporation under this	115103
section.	115104

(3) "Foreclosure costs" means the sum of all costs or other	115105
charges of publication, service of notice, prosecution, or other	115106
proceedings against the land under sections 323.25 to 323.28,	115107
323.65 to 323.79, or Chapter 5721. of the Revised Code as may	115108
pertain to delinquent land or be fairly apportioned to it by the	115109
county treasurer.	115110

(4) "Tax foreclosure sale" means a sale of delinquent land	115111
pursuant to foreclosure proceedings under sections 323.25 to	115112
323.28, 323.65 to 323.79, or section 5721.14 or 5721.18 of the	115113
Revised Code.	115114

(5) "Taxing authority" means the legislative authority of any	115115
taxing unit, as defined in section 5705.01 of the Revised Code, in	115116
which is located a parcel of eligible delinquent land acquired or	115117
to be acquired by a county, municipal corporation, township, or	115118
county land reutilization corporation in which a declaration	115119
under division (B) of this section is in effect.	115120

(B) The legislative authority of a municipal corporation may	115121
declare by ordinance, or a board of county commissioners, a board	115122
of township trustees, or the board of directors of a county land	115123
reutilization corporation may declare by resolution, that it is	115124
in the public interest for the county, municipal corporation,	115125
township, or county land reutilization corporation to acquire	115126
tax-delinquent real property within the county, municipal	115127
corporation, or township for the public purpose of redeveloping	115128
the property or otherwise rendering it suitable for productive,	115129
tax-paying use. In any county, municipal corporation, or township	115130
in which such a declaration is in effect, the county, municipal	115131
corporation, township, or county land reutilization corporation	115132
may purchase or otherwise acquire title to eligible delinquent	115133
land, other than by appropriation, and the title shall pass free	115134
and clear of the lien for delinquent taxes as provided in	115135
division (D) of this section. The authority granted by this	115136
section is supplemental to the authority granted under sections	115137
5722.01 to 5722.15 of the Revised Code. ~~A county land~~	115138
~~reutilization corporation may not acquire an interest in real~~	115139
~~property under this section after two years following the filing~~	115140
~~of its articles of incorporation by the secretary of state.~~	115141

(C) With respect to any parcel of eligible delinquent land	115142
purchased or acquired by a county, municipal corporation,	115143
township, or county land reutilization corporation in which a	115144
declaration is in effect under this section, the county,	115145
municipal corporation, or township may obtain the consent of	115146
each taxing authority for release of any claim on the delinquent	115147
taxes and associated costs attaching to that property at the	115148
time of conveyance to the county, municipal corporation, or	115149
township. Consent shall be obtained in writing, and shall be	115150
certified by the taxing authority granting consent or by the	115151
fiscal officer or other person authorized by the taxing	115152
authority to provide such consent. Consent may be obtained before	115153
or after title to the eligible delinquent land is transferred to	115154
the county, municipal corporation, or township. A county that has	115155
organized and designated a county land reutilization corporation	115156
for purposes of this chapter is not required to obtain such	115157
consent. Upon conveyance to a county land reutilization	115158
corporation, the consent shall be deemed to have been given to the	115159
extent that the corporation requires consent.	115160

The taxing authority of a taxing unit and a county, municipal	115161
corporation, or township in which a declaration is in effect	115162
under this section may enter into an agreement whereby the	115163
taxing authority consents in advance to release of the taxing	115164
authority's claim on delinquent taxes and associated costs with	115165
respect to all or a specified number of parcels of eligible	115166
delinquent land that may be purchased or acquired by the county,	115167
municipal corporation, or township for the purposes of this	115168
section. The agreement shall provide for any terms and	115169
conditions on the release of such claim as are mutually	115170
agreeable to the taxing authority and county, municipal	115171
corporation, or township, including any notice to be provided by	115172
the county, municipal corporation, or township to the taxing	115173
authority of the purchase or acquisition of eligible delinquent	115174
land situated in the taxing unit; any option vesting in the	115175
taxing authority to revoke its release with respect to any	115176
parcel of eligible delinquent land before the release becomes	115177
effective; and the manner in which notice of such revocation	115178
shall be effected. Nothing in this section or in such an	115179
agreement shall be construed to bar a taxing authority from	115180
revoking its advance consent with respect to any parcels of	115181
eligible delinquent land purchased or acquired by the county,	115182
municipal corporation, or township before the county, municipal	115183
corporation, or township enters into a purchase or other	115184
agreement for acquisition of the parcels.	115185

A county that has organized and designated a county land	115186
reutilization corporation is not required to enter into such an	115187
agreement with a taxing authority.	115188

(D) The lien for the delinquent taxes and associated costs	115189
for which all of the taxing authorities have consented to release	115190
their claims under this section is hereby extinguished, and the	115191
transfer of title to such delinquent land to the county, municipal	115192
corporation, or township shall be transferred free and clear of	115193
the lien for such taxes and costs. If a taxing authority does not	115194
consent to the release of its claim on delinquent taxes and	115195
associated costs, the entire amount of the lien for such taxes and	115196
costs shall continue as otherwise provided by law until paid or	115197
otherwise discharged according to law. If a county land	115198
reutilization corporation acquires title to eligible delinquent	115199
land under this section, the lien for delinquent taxes and costs	115200
with respect to land acquired by the corporation shall be	115201
extinguished simultaneously with the transfer of title to the	115202
corporation, notwithstanding that the taxing authorities have not	115203
consented to release their claims under this section.	115204

(E) All eligible delinquent land acquired by a county,	115205
municipal corporation, township, or county land reutilization	115206
corporation under this section is real property held for a public	115207
purpose and is exempted from taxation until the county, municipal	115208
corporation, township, or county land reutilization corporation	115209
sells or otherwise disposes of property.	115210

(F) If a county, municipal corporation, township, or county	115211
land reutilization corporation sells or otherwise disposes of	115212
delinquent land it purchased or acquired and for which all or a	115213
portion of a taxing authority's claim for delinquent taxes was	115214
released under this section, whether by consent of the taxing	115215
authority or pursuant to division (D) of this section, the net	115216
proceeds from such sale or disposition shall be used for such	115217
redevelopment purposes the board of county commissioners, the	115218
legislative authority of the municipal corporation, the board of	115219
township trustees, or the board of directors of the county land	115220
reutilization corporation considers necessary or appropriate.	115221

Sec. 5723.04. (A) The county auditor shall maintain a list	115222
of forfeited lands and shall offer such lands for sale annually,	115223
or more frequently if the auditor determines that more frequent	115224
sales are necessary.	115225

(B) Notwithstanding division (A) of this section, upon the	115226
request of a county land reutilization corporation organized under	115227
Chapter 1724. of the Revised Code, the county auditor shall	115228
promptly transfer to such corporation, by auditor's deed, the fee	115229
simple title to a parcel on the list of forfeited lands, which	115230
shall pass to such corporation free and clear of all taxes,	115231
assessments, charges, penalties, interest, and costs. Any	115232
subordinate liens shall be deemed fully and forever satisfied and	115233
discharged. Upon such request, the land is deemed sold by the	115234
state for no consideration. The county land reutilization	115235
corporation shall file the deed for recording. ~~A county land~~	115236
~~reutilization corporation may not acquire an interest in a parcel~~	115237
~~under this section after two years following the filing of its~~	115238
~~articles of incorporation by the secretary of state.~~	115239

Sec. 5725.18. (A) An annual franchise tax on the privilege	115240
of being an insurance company is hereby levied on each domestic	115241
insurance company. In the month of May, annually, the treasurer of	115242
state shall charge for collection from each domestic insurance	115243
company a franchise tax in the amount computed in accordance with	115244
the following, as applicable:	115245

(1) With respect to a domestic insurance company that is a	115246
health insuring corporation, one per cent of all premium rate	115247
payments received, exclusive of payments received under the	115248
medicare program established under Title XVIII of the "Social	115249
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,	115250
orand exclusive of payments received pursuant to the medical	115251
assistance program established under Chapter 5111. of the Revised	115252
Code for the period ending September 30, 2009, as reflected in its	115253
annual report for the preceding calendar year;	115254

(2) With respect to a domestic insurance company that is not	115255
a health insuring corporation, one and four-tenths per cent of the	115256
gross amount of premiums received from policies covering risks	115257
within this state, exclusive of premiums received under the	115258
medicare program established under Title XVIII of the "Social	115259
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,	115260
orand exclusive of payments received pursuant to the medical	115261
assistance program established under Chapter 5111. of the Revised	115262
Code for the period ending September 30, 2009, as reflected in its	115263
annual statement for the preceding calendar year, and, if the	115264
company operates a health insuring corporation as a line of	115265
business, one per cent of all premium rate payments received from	115266
that line of business, exclusive of payments received under the	115267
medicare program established under Title XVIII of the "Social	115268
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,	115269
~~or pursuant to the medical assistance program established under~~	115270
~~Chapter 5111. of the Revised Code,~~ as reflected in its annual	115271
statement for the preceding calendar year.	115272

Domestic insurance companies, including health insuring	115273
corporations, receiving payments pursuant to the medical	115274
assistance program established under Chapter 5111. of the Revised	115275
Code during the period beginning October 1, 2009, and ending	115276
December 31, 2009, shall file with the 2009 annual statement to	115277
the superintendent a schedule that reflects those payments	115278
received pursuant to the medical assistance program for that	115279
period. The payments reflected in the schedule, plus all other	115280
taxable premiums, are subject to the annual franchise tax due to	115281
be paid in 2010.	115282

(B) The gross amount of premium rate payments or premiums	115283
used to compute the applicable tax in accordance with division (A)	115284
of this section is subject to the deductions prescribed by section	115285
5729.03 of the Revised Code for foreign insurance companies. The	115286
objects of such tax are those declared in section 5725.24 of the	115287
Revised Code, to which only such tax shall be applied.	115288

(C) In no case shall such tax be less than two hundred fifty	115289
dollars.	115290

Sec. 5725.33. (A) Except as otherwise provided in this	115291
section, terms used in this section have the same meaning as	115292
section 45D of the Internal Revenue Code, any related proposed,	115293
temporary or final regulations promulgated under the Internal	115294
Revenue Code, any rules or guidance of the internal revenue	115295
service or the United States department of the treasury, and any	115296
related rules or guidance issued by the community development	115297
financial institutions fund of the United States department of the	115298
treasury, as such law, regulations, rules, and guidance exist on	115299
the effective date of the enactment of this section by H.B. 1 of	115300
the 128th general assembly.	115301

As used in this section:

115302

(1) "Adjusted purchase price" means the amount paid for	115303
qualified equity investments multiplied by the qualified	115304
low-income community investments made by the issuer in projects	115305
located in this state as a percentage of the total amount of	115306
qualified low-income community investments made by the issuer in	115307
projects located in all states on the credit allowance date	115308
during the applicable tax year, subject to divisions (B)(1) and	115309
(2) of this section.	115310

(2) "Applicable percentage" means zero per cent for each of	115311
the first two credit allowance dates, seven per cent for the third	115312
credit allowance date, and eight per cent for the four following	115313
credit allowance dates.	115314

(3) "Credit allowance date" means the date, on or after	115315
January 1, 2010, a qualified equity investment is made and each	115316
of the six anniversary dates thereafter. For qualified equity	115317
investments made after the effective date of this section but	115318
before January 1, 2010, the initial credit allowance date is	115319
January 1, 2010, and each of the six anniversary dates thereafter	115320
is on the first day of January of each year.	115321

(4) "Qualified active low-income community business" excludes	115322
any business that derives or projects to derive fifteen per cent	115323
or more of annual revenue from the rental or sale of real	115324
property, except any business that is a special purpose entity	115325
principally owned by a principal user of that property formed	115326
solely for the purpose of renting, either directly or indirectly,	115327
or selling real property back to such principal user if such	115328
principal user does not derive fifteen per cent or more of its	115329
gross annual revenue from the rental or sale of real property.	115330

(5) "Qualified community development entity" includes only	115331
entities:	115332

(a) That have entered into an allocation agreement with the	115333
community development financial institutions fund of the United	115334
States department of the treasury with respect to credits	115335
authorized by section 45D of the Internal Revenue Code;	115336

(b) Whose service area includes any portion of this state;	115337
and	115338

(c) That will designate an equity investment in such entities	115339
as a qualified equity investment for purposes of both section 45D	115340
of the Internal Revenue Code and this section.	115341

(6) "Qualified equity investment" is limited to an equity	115342
investment in a qualified community development entity that:	115343

(a) Is acquired after the effective date of the enactment of	115344
this section at its original issuance solely in exchange for	115345
cash;	115346

(b) Has at least eighty-five per cent of its cash purchase	115347
price used by the qualified community development entity to make	115348
qualified low-income community investments, provided that in the	115349
seventh year after a qualified equity investment is made, only	115350
seventy-five per cent of such cash purchase price must be used by	115351
the qualified community development entity to make qualified	115352
low-income community investments; and	115353

(c) Is designated by the issuer as a qualified equity	115354
investment.	115355

"Qualified equity investment" includes any equity investment	115356
that would, but for division (A)(6)(a) of this section, be a	115357
qualified equity investment in the hands of the taxpayer if such	115358
investment was a qualified equity investment in the hands of a	115359
prior holder.	115360

(B) There is hereby allowed a nonrefundable credit against	115361
the tax imposed by section 5725.18 of the Revised Code for an	115362
insurance company holding a qualified equity investment on the	115363
credit allowance date occurring in the calendar year for which the	115364
tax is due. The credit shall equal the applicable percentage of	115365
the adjusted purchase price of qualified low-income community	115366
investments, subject to divisions (B)(1) and (2) of this section:	115367

(1) For the purpose of calculating the amount of qualified	115368
low-income community investments held by a qualified community	115369
development entity, an investment shall be considered held by a	115370
qualified community development entity even if the investment has	115371
been sold or repaid, provided that, at any time before the seventh	115372
anniversary of the issuance of the qualified equity investment,	115373
the qualified community development entity reinvests an amount	115374
equal to the capital returned to or received or recovered by the	115375
qualified community development entity from the original	115376
investment, exclusive of any profits realized and costs incurred	115377
in the sale or repayment, in another qualified low-income	115378
community investment within twelve months of the receipt of such	115379
capital. If the qualified low-income community investment is sold	115380
or repaid after the sixth anniversary of the issuance of the	115381
qualified equity investment, the qualified low-income community	115382
investment shall be considered held by the qualfied community	115383
development entity through the seventh anniversary of the	115384
qualified equity investment's issuance.	115385

(2) The qualified low-income community investment made in	115386
this state shall equal the sum of the qualified low-income	115387
community investments in each qualified active low-income	115388
community business in this state, not to exceed two million five	115389
hundred sixty-four thousand dollars, in which the qualified	115390
community development entity invests, including such investments	115391
in any such businesses in this state related to that qualified	115392
active low-income community business through majority ownership	115393
or control.	115394

The credit shall be claimed in the order prescribed by	115395
section 5725.98 of the Revised Code. If the amount of the credit	115396
exceeds the amount of tax otherwise due after deducting all other	115397
credits in that order, the excess may be carried forward and	115398
applied to the tax due for not more than four ensuing years.	115399

By claiming a tax credit under this section, an insurance	115400
company waives its rights under section 5725.222 of the Revised	115401
Code with respect to the time limitation for the assessment of	115402
taxes as it relates to credits claimed that later become subject	115403
to recapture under division (E) of this section.	115404

(C) The amount of qualified equity investments on the basis	115405
of which credits may be claimed under this section and sections	115406
5729.16 and 5733.58 of the Revised Code shall not exceed the	115407
amount, estimated by the director of development, that would	115408
cause the total amount of credits allowed each fiscal year to	115409
exceed ten million dollars, computed without regard to the	115410
potential for taxpayers to carry tax credits forward to later	115411
years.	115412

(D) If any amount of the federal tax credit allowed for a	115413
qualified equity investment for which a credit was received under	115414
this section is recaptured under section 45D of the Internal	115415
Revenue Code, or if the director of development determines that an	115416
investment for which a tax credit is claimed under this section is	115417
not a qualified equity investment or that the proceeds of an	115418
investment for which a tax credit is claimed under this section	115419
are used to make qualified low-income community investments other	115420
than in a qualified active low-income community business, all or a	115421
portion of the credit received on account of that investment	115422
shall be paid by the insurance company that received the credit	115423
to the superintendent of insurance. The amount to be recovered	115424
shall be determined by the director of development pursuant to	115425
rules adopted under division (E) of this section. The director	115426
shall certify any amount due under this division to the	115427
superintendent of insurance, and the superintendent shall notify	115428
the treasurer of state of the amount due. Upon notification, the	115429
treasurer shall invoice the insurance company for the amount due.	115430
The amount due is payable not later than thirty days after the	115431
date the treasurer invoices the insurance company. The amount due	115432
shall be considered to be tax due under section 5725.18 of the	115433
Revised Code, and may be collected by assessment without regard	115434
to the time limitations imposed under section 5725.222 of the	115435
Revised Code for the assessment of taxes by the superintendent.	115436
All amounts collected under this division shall be credited as	115437
revenue from the tax levied under section 5725.18 of the Revised	115438
Code.	115439

(E) The tax credits authorized under this section and	115440
sections 5729.16 and 5733.58 of the Revised Code shall be	115441
administered by the department of development. The director of	115442
development, in consultation with the tax commissioner and the	115443
superintendent of insurance, pursuant to Chapter 119. of the	115444
Revised Code, shall adopt rules for the administration of this	115445
section and sections 5729.16 and 5733.58 of the Revised Code. The	115446
rules shall provide for determining the recovery of credits under	115447
division (D) of this section, division (D) of section 5729.16,	115448
and section 5733.58 of the Revised Code, including prorating the	115449
amount of the credit to be recovered on any reasonable basis, the	115450
manner in which credits may be allocated among claimants, and the	115451
amount of any application or other fees to be charged in	115452
connection with a recovery.	115453

(F) There is hereby created in the state treasury the new	115454
markets tax credit operating fund. The director of development is	115455
authorized to charge reasonable application and other fees in	115456
connection with the administration of tax credits authorized by	115457
this section and sections 5729.16 and 5733.58 of the Revised Code.	115458
Any such fees collected shall be credited to the fund. The	115459
director of development shall use money in the fund to pay	115460
expenses related to the administration of tax credits authorized	115461
under sections 5725.33, 5729.16, and 5733.58 of the Revised Code.	115462

Sec. 5725.98. (A) To provide a uniform procedure for	115463
calculating the amount of tax imposed by section 5725.18 of the	115464
Revised Code that is due under this chapter, a taxpayer shall	115465
claim any credits and offsets against tax liability to which it is	115466
entitled in the following order:	115467

(1) The credit for an insurance company or insurance company	115468
group under section 5729.031 of the Revised Code.	115469

(2) The credit for eligible employee training costs under	115470
section 5725.31 of the Revised Code.	115471

(3) The credit for purchasers of qualified low-income	115472
community investments under section 5725.33 of the Revised Code;	115473

(4) The job retention credit under section 122.171 of the	115474
Revised Code;	115475

(5) The offset of assessments by the Ohio life and health	115476
insurance guaranty association permitted by section 3956.20 of the	115477
Revised Code.	115478

~~(4)~~(6) The refundable credit for Ohio job creation under	115479
section 5725.32 of the Revised Code.	115480

~~(5)~~(7) The refundable credit under section ~~5729.08~~5725.19 of	115481
the Revised Code for losses on loans made under the Ohio venture	115482
capital program under sections 150.01 to 150.10 of the Revised	115483
Code.	115484

(B) For any credit except the credits enumerated in divisions	115485
(A)~~(4)~~(6) and ~~(5)~~(7) of this section, the amount of the credit for	115486
a taxable year shall not exceed the tax due after allowing for any	115487
other credit that precedes it in the order required under this	115488
section. Any excess amount of a particular credit may be carried	115489
forward if authorized under the section creating that credit.	115490
Nothing in this chapter shall be construed to allow a taxpayer to	115491
claim, directly or indirectly, a credit more than once for a	115492
taxable year.	115493

Sec. 5727.81. (A) For the purpose of raising revenue for	115494
public education and state and local government operations, an	115495
excise tax is hereby levied and imposed on an electric	115496
distribution company for all electricity distributed by such	115497
company at the following rates per kilowatt hour of electricity	115498
distributed in a thirty-day period by the company through a meter	115499
of an end user in this state:	115500

KILOWATT HOURS DISTRIBUTED	RATE PER	115501
TO AN END USER	KILOWATT HOUR	115502
For the first 2,000	$.00465	115503
For the next 2,001 to 15,000	$.00419	115504
For 15,001 and above	$.00363	115505

If no meter is used to measure the kilowatt hours of	115506
electricity distributed by the company, the rates shall apply to	115507
the estimated kilowatt hours of electricity distributed to an	115508
unmetered location in this state.	115509

The electric distribution company shall base the monthly tax	115510
on the kilowatt hours of electricity distributed to an end user	115511
through the meter of the end user that is not measured for a	115512
thirty-day period by dividing the days in the measurement period	115513
into the total kilowatt hours measured during the measurement	115514
period to obtain a daily average usage. The tax shall be	115515
determined by obtaining the sum of divisions (A)(1), (2), and (3)	115516
of this section and multiplying that amount by the number of days	115517
in the measurement period:	115518

(1) Multiplying $0.00465 per kilowatt hour for the first	115519
sixty-seven kilowatt hours distributed using a daily average;	115520

(2) Multiplying $0.00419 for the next sixty-eight to five	115521
hundred kilowatt hours distributed using a daily average;	115522

(3) Multiplying $0.00363 for the remaining kilowatt hours	115523
distributed using a daily average.	115524

Except as provided in division (C) of this section, the	115525
electric distribution company shall pay the tax to the tax	115526
commissioner in accordance with section 5727.82 of the Revised	115527
Code, unless required to remit each tax payment by electronic	115528
funds transfer to the treasurer of state in accordance with	115529
section 5727.83 of the Revised Code.	115530

Only the distribution of electricity through a meter of an	115531
end user in this state shall be used by the electric distribution	115532
company to compute the amount or estimated amount of tax due. In	115533
the event a meter is not actually read for a measurement period,	115534
the estimated kilowatt hours distributed by an electric	115535
distribution company to bill for its distribution charges shall be	115536
used.	115537

(B) Except as provided in division (C) of this section, each	115538
electric distribution company shall pay the tax imposed by this	115539
section in all of the following circumstances:	115540

(1) The electricity is distributed by the company through a	115541
meter of an end user in this state;	115542

(2) The company is distributing electricity through a meter	115543
located in another state, but the electricity is consumed in this	115544
state in the manner prescribed by the tax commissioner;	115545

(3) The company is distributing electricity in this state	115546
without the use of a meter, but the electricity is consumed in	115547
this state as estimated and in the manner prescribed by the tax	115548
commissioner.	115549

(C)(1) As used in division (C) of this section:

115550

(a) "Total price of electricity" means the aggregate value in	115551
money of anything paid or transferred, or promised to be paid or	115552
transferred, to obtain electricity or electric service, including	115553
but not limited to the value paid or promised to be paid for the	115554
transmission or distribution of electricity and for transition	115555
costs as described in Chapter 4928. of the Revised Code.	115556

(b) "Package" means the provision or the acquisition, at a	115557
combined price, of electricity with other services or products, or	115558
any combination thereof, such as natural gas or other fuels;	115559
energy management products, software, and services; machinery and	115560
equipment acquisition; and financing agreements.	115561

(c) "Single location" means a facility located on contiguous	115562
property separated only by a roadway, railway, or waterway.	115563

(2) Division (C) of this section applies to any commercial or	115564
industrial purchaser's receipt of electricity through a meter of	115565
an end user in this state or through more than one meter at a	115566
single location in this state in a quantity that exceeds	115567
forty-five million kilowatt hours of electricity over the course	115568
of the preceding calendar year, or any commercial or industrial	115569
purchaser that will consume more than forty-five million kilowatt	115570
hours of electricity over the course of the succeeding twelve	115571
months as estimated by the tax commissioner. The tax commissioner	115572
shall make such an estimate upon the written request by an	115573
applicant for registration as a self-assessing purchaser under	115574
this division. ~~Such~~For the meter reading period including July 1,	115575
2008, through the meter reading period including December 31,	115576
2010, such a purchaser may elect to self-assess the excise tax	115577
imposed by this section at the rate of $.00075 per kilowatt hour	115578
on the first five hundred four million kilowatt hours distributed	115579
to that meter or location during the registration year, and a	115580
percentage of the total price of all electricity distributed to	115581
that meter or location equal to ~~four per cent through the meter~~	115582
~~reading period that includes June 30, 2008, and~~ three and	115583
one-half per cent ~~beginning for the meter reading period~~	115584
~~including July 1, 2008, and thereafter~~. AFor the meter reading	115585
period including January 1, 2011, and thereafter, such a purchaser	115586
may elect to self-assess the excise tax imposed by this section at	115587
the rate of $.00257 per kilowatt hour for the first five hundred	115588
million kilowatt hours, and $.001832 per kilowatt hour for each	115589
kilowatt hour in excess of five hundred million kilowatt hours,	115590
distributed to that meter or location during the registration	115591
year.	115592

A qualified end user that receives electricity through a	115593
meter of an end user in this state or through more than one	115594
meter at a single location in this state and that consumes, over	115595
the course of the previous calendar year, more than forty-five	115596
million kilowatt hours in other than its qualifying manufacturing	115597
process, may elect to self-assess the tax as allowed by this	115598
division with respect to the electricity used in other than its	115599
qualifying manufacturing process.	115600

Payment of the tax shall be made directly to the tax	115601
commissioner in accordance with divisions (A)(4) and (5) of	115602
section 5727.82 of the Revised Code, or the treasurer of state in	115603
accordance with section 5727.83 of the Revised Code. If the	115604
electric distribution company serving the self-assessing purchaser	115605
is a municipal electric utility and the purchaser is within the	115606
municipal corporation's corporate limits, payment shall be made to	115607
such municipal corporation's general fund and reports shall be	115608
filed in accordance with divisions (A)(4) and (5) of section	115609
5727.82 of the Revised Code, except that "municipal corporation"	115610
shall be substituted for "treasurer of state" and "tax	115611
commissioner." A self-assessing purchaser that pays the excise tax	115612
as provided in this division shall not be required to pay the tax	115613
to the electric distribution company from which its electricity is	115614
distributed. If a self-assessing purchaser's receipt of	115615
electricity is not subject to the tax as measured under this	115616
division, the tax on the receipt of such electricity shall be	115617
measured and paid as provided in division (A) of this section.	115618

(3) In the case of the acquisition of a package, unless the	115619
elements of the package are separately stated isolating the total	115620
price of electricity from the price of the remaining elements of	115621
the package, the tax imposed under this section applies to the	115622
entire price of the package. If the elements of the package are	115623
separately stated, the tax imposed under this section applies to	115624
the total price of the electricity.	115625

(4) Any electric supplier that sells electricity as part of a	115626
package shall separately state to the purchaser the total price of	115627
the electricity and, upon request by the tax commissioner, the	115628
total price of each of the other elements of the package.	115629

(5) The tax commissioner may adopt rules relating to the	115630
computation of the total price of electricity with respect to	115631
self-assessing purchasers, which may include rules to establish	115632
the total price of electricity purchased as part of a package.	115633

(6) An annual application for registration as a	115634
self-assessing purchaser shall be made for each qualifying meter	115635
or location on a form prescribed by the tax commissioner. The	115636
registration year begins on the first day of May and ends on the	115637
following thirtieth day of April. Persons may apply after the	115638
first day of May for the remainder of the registration year. In	115639
the case of an applicant applying on the basis of an estimated	115640
consumption of forty-five million kilowatt hours over the course	115641
of the succeeding twelve months, the applicant shall provide such	115642
information as the tax commissioner considers to be necessary to	115643
estimate such consumption. At the time of making the application	115644
and by the first day of May of each year, a self-assessing	115645
purchaser shall pay a fee of five hundred dollars to the tax	115646
commissioner, or to the treasurer of state as provided in section	115647
5727.83 of the Revised Code, for each qualifying meter or	115648
location. The tax commissioner shall immediately pay to the	115649
treasurer of state all amounts that the tax commissioner receives	115650
under this section. The treasurer of state shall deposit such	115651
amounts into the kilowatt hour excise tax administration fund,	115652
which is hereby created in the state treasury. Money in the fund	115653
shall be used to defray the tax commissioner's cost in	115654
administering the tax owed under section 5727.81 of the Revised	115655
Code by self-assessing purchasers. After the application is	115656
approved by the tax commissioner, the registration shall remain in	115657
effect for the current registration year, or until canceled by the	115658
registrant upon written notification to the commissioner of the	115659
election to pay the tax in accordance with division (A) of this	115660
section, or until canceled by the tax commissioner for not paying	115661
the tax or fee under division (C) of this section or for not	115662
meeting the qualifications in division (C)(2) of this section. The	115663
tax commissioner shall give written notice to the electric	115664
distribution company from which electricity is delivered to a	115665
self-assessing purchaser of the purchaser's self-assessing status,	115666
and the electric distribution company is relieved of the	115667
obligation to pay the tax imposed by division (A) of this section	115668
for electricity distributed to that self-assessing purchaser until	115669
it is notified by the tax commissioner that the self-assessing	115670
purchaser's registration is canceled. Within fifteen days of	115671
notification of the canceled registration, the electric	115672
distribution company shall be responsible for payment of the tax	115673
imposed by division (A) of this section on electricity distributed	115674
to a purchaser that is no longer registered as a self-assessing	115675
purchaser. A self-assessing purchaser with a canceled registration	115676
must file a report and remit the tax imposed by division (A) of	115677
this section on all electricity it receives for any measurement	115678
period prior to the tax being reported and paid by the electric	115679
distribution company. A self-assessing purchaser whose	115680
registration is canceled by the tax commissioner is not eligible	115681
to register as a self-assessing purchaser for two years after the	115682
registration is canceled.	115683

(7) If the tax commissioner cancels the self-assessing	115684
registration of a purchaser registered on the basis of its	115685
estimated consumption because the purchaser does not consume at	115686
least forty-five million kilowatt hours of electricity over the	115687
course of the twelve-month period for which the estimate was made,	115688
the tax commissioner shall assess and collect from the purchaser	115689
the difference between (a) the amount of tax that would have been	115690
payable under division (A) of this section on the electricity	115691
distributed to the purchaser during that period and (b) the amount	115692
of tax paid by the purchaser on such electricity pursuant to	115693
division (C)(2)~~(a)~~ of this section. The assessment shall be paid	115694
within sixty days after the tax commissioner issues it, regardless	115695
of whether the purchaser files a petition for reassessment under	115696
section 5727.89 of the Revised Code covering that period. If the	115697
purchaser does not pay the assessment within the time prescribed,	115698
the amount assessed is subject to the additional charge and the	115699
interest prescribed by divisions (B) and (C) of section 5727.82 of	115700
the Revised Code, and is subject to assessment under section	115701
5727.89 of the Revised Code. If the purchaser is a qualified end	115702
user, division (C)(7) of this section applies only to electricity	115703
it consumes in other than its qualifying manufacturing process.	115704

(D) The tax imposed by this section does not apply to the	115705
distribution of any kilowatt hours of electricity to the federal	115706
government, to an end user located at a federal facility that uses	115707
electricity for the enrichment of uranium, to a qualified	115708
regeneration meter, or to an end user for any day the end user is	115709
a qualified end user. The exemption under this division for a	115710
qualified end user only applies to the manufacturing location	115711
where the qualified end user uses more than three million kilowatt	115712
hours per day in a qualifying manufacturing process.	115713

Sec. 5727.811. (A) For the purpose of raising revenue for	115714
public education and state and local government operations, an	115715
excise tax is hereby levied on every natural gas distribution	115716
company for all natural gas volumes billed by, or on behalf of,	115717
the company beginning with the measurement period that includes	115718
July 1, 2001. Except as provided in divisions (C) or (D) of this	115719
section, the tax shall be levied at the following rates per MCF of	115720
natural gas distributed by the company through a meter of an end	115721
user in this state:	115722

MCF DISTRIBUTED TO AN END USER	RATE PER MCF	115723
For the first 100 MCF per month	$.1593	115724
For the next 101 to 2000 MCF per month	$.0877	115725
For 2001 and above MCF per month	$.0411	115726

If no meter is used to measure the MCF of natural gas	115727
distributed by the company, the rates shall apply to the estimated	115728
MCF of natural gas distributed to an unmetered location in this	115729
state.	115730

(B) A natural gas distribution company shall base the tax on	115731
the MCF of natural gas distributed to an end user through the	115732
meter of the end user in this state that is estimated to be	115733
consumed by the end user as reflected on the end user's customer	115734
statement from the natural gas distribution company. Until January	115735
1, 2003, the natural gas distribution company shall pay the tax	115736
levied by this section to the treasurer of state in accordance	115737
with section 5727.82 of the Revised Code. Beginning January 1,	115738
2003, the natural gas distribution company shall pay the tax	115739
levied by this section to the tax commissioner in accordance with	115740
section 5727.82 of the Revised Code unless required to remit	115741
payment to the treasurer of state in accordance with section	115742
5727.83 of the Revised Code.	115743

(C) A natural gas distribution company with ~~fifty~~seventy	115744
thousand customers or less may elect to apply the rates specified	115745
in division (A) of this section to the aggregate of the natural	115746
gas distributed by the company through the meter of all its	115747
customers in this state, and upon such election, this method shall	115748
be used to determine the amount of tax to be paid by such company.	115749

(D) A natural gas distribution company shall pay the tax	115750
imposed by this section at the rate of $.02 per MCF of natural gas	115751
distributed by the company through the meter of a flex customer.	115752
The natural gas distribution company correspondingly shall reduce	115753
the per MCF rate that it charges the flex customer for natural gas	115754
distribution services by $.02 per MCF of natural gas distributed	115755
to the flex customer.	115756

(E) Except as provided in division (F) of this section, each	115757
natural gas distribution company shall pay the tax imposed by this	115758
section in all of the following circumstances:	115759

(1) The natural gas is distributed by the company through a	115760
meter of an end user in this state;	115761

(2) The natural gas distribution company is distributing	115762
natural gas through a meter located in another state, but the	115763
natural gas is consumed in this state in the manner prescribed by	115764
the tax commissioner;	115765

(3) The natural gas distribution company is distributing	115766
natural gas in this state without the use of a meter, but the	115767
natural gas is consumed in this state as estimated and in the	115768
manner prescribed by the tax commissioner.	115769

(F) The tax levied by this section does not apply to the	115770
distribution of natural gas to the federal government, or natural	115771
gas produced by an end user in this state that is consumed by that	115772
end user or its affiliates and is not distributed through the	115773
facilities of a natural gas company.	115774

Sec. 5727.84. (A) As used in this section and sections	115775
5727.85, 5727.86, and 5727.87 of the Revised Code:	115776

(1) "School district" means a city, local, or exempted	115777
village school district.	115778

(2) "Joint vocational school district" means a joint	115779
vocational school district created under section 3311.16 of the	115780
Revised Code, and includes a cooperative education school district	115781
created under section 3311.52 or 3311.521 of the Revised Code and	115782
a county school financing district created under section 3311.50	115783
of the Revised Code.	115784

(3) "Local taxing unit" means a subdivision or taxing unit,	115785
as defined in section 5705.01 of the Revised Code, a park district	115786
created under Chapter 1545. of the Revised Code, or a township	115787
park district established under section 511.23 of the Revised	115788
Code, but excludes school districts and joint vocational school	115789
districts.	115790

(4) "State education aid," for a school district, means the	115791
following:	115792

(a) For fiscal years prior to fiscal year 2010, the sum of	115793
state aid amounts computed for the district under divisions (A),	115794
(C)(1), (C)(4), (D), (E), and (F) of section 3317.022; divisions	115795
(B), (C), and (D) of section 3317.023; divisions (G), (L), and	115796
(N) of section 3317.024; and sections 3317.029, 3317.0216,	115797
3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of the	115798
Revised Code; and the adjustments required by: division (C) of	115799
section 3310.08; division (C)(2) of section 3310.41; division	115800
(C) of section 3314.08; division (D)(2) of section 3314.091;	115801
division (D) of section 3314.13; divisions (E), (K), (L), (M),	115802
and (N) of section 3317.023; division (C) of section 3317.20;	115803
and sections 3313.979 and 3313.981 of the Revised Code.	115804
However, when calculating state education aid for a school	115805
district for fiscal years 2008 and 2009, include the amount	115806
computed for the district under Section 269.20.80 of H.B.	115807
119 of the 127th general assembly, as subsequently amended,	115808
instead of division (D) of section 3317.022 of the Revised	115809
Code; and include amounts calculated under Section 269.30.80	115810
of this act, as subsequently amended~~; and account for~~	115811
~~adjustments under division (C)(2) of section 3310.41 of the~~	115812
~~Revised Code~~.	115813

(b) For fiscal year 2010 and for each fiscal year	115814
thereafter, the sum of the amounts computed for the district	115815
under sections 3306.052, 3306.12, 3306.13, 3306.19, 3306.191, and	115816
3306.192; division (G) of section 3317.024; sections 3317.05,	115817
3317.052, and 3317.053 of the Revised Code; and the	115818
adjustments required by division (C) of section 3310.08; division	115819
(C)(2) of section 3310.41; division (C) of section 3314.08;	115820
division (D)(2) of section 3314.091; division (D) of section	115821
3314.13; divisions (E), (K), (L), (M), and (N) of section	115822
3317.023; division (C) of section 3317.20; and sections	115823
3313.979 and 3313.981 of the Revised Code.	115824

(5) "State education aid," for a joint vocational school	115825
district, means the following:	115826

(a) For fiscal years prior to fiscal year 2010, the sum of	115827
the state aid amounts computed for the district under division	115828
(N) of section 3317.024 and section 3317.16 of the Revised Code.	115829
However, when calculating state education aid for a joint	115830
vocational school district for fiscal years 2008 and 2009,	115831
include the amount computed for the district under Section	115832
269.30.90 of H.B. 119 of the 127th general assembly, as	115833
subsequently amended.	115834

(b) For fiscal years 2010 and 2011, the amount computed for	115835
the district in accordance with the section of this act entitled	115836
"FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS".	115837

(6) "State education aid offset" means the amount determined	115838
for each school district or joint vocational school district under	115839
division (A)(1) of section 5727.85 of the Revised Code.	115840

(7) "Recognized valuation" has the same meaning as in section	115841
3317.02 of the Revised Code.	115842

(8) "Electric company tax value loss" means the amount	115843
determined under division (D) of this section.	115844

(9) "Natural gas company tax value loss" means the amount	115845
determined under division (E) of this section.	115846

(10) "Tax value loss" means the sum of the electric company	115847
tax value loss and the natural gas company tax value loss.	115848

(11) "Fixed-rate levy" means any tax levied on property other	115849
than a fixed-sum levy.	115850

(12) "Fixed-rate levy loss" means the amount determined under	115851
division (G) of this section.	115852

(13) "Fixed-sum levy" means a tax levied on property at	115853
whatever rate is required to produce a specified amount of tax	115854
money or levied in excess of the ten-mill limitation to pay debt	115855
charges, and includes school district emergency levies imposed	115856
pursuant to section 5705.194 of the Revised Code.	115857

(14) "Fixed-sum levy loss" means the amount determined under	115858
division (H) of this section.	115859

(15) "Consumer price index" means the consumer price index	115860
(all items, all urban consumers) prepared by the bureau of labor	115861
statistics of the United States department of labor.	115862

(B) The kilowatt-hour tax receipts fund is hereby created in	115863
the state treasury and shall consist of money arising from the tax	115864
imposed by section 5727.81 of the Revised Code. All money in the	115865
kilowatt-hour tax receipts fund shall be credited as follows:	115866

(1) Sixty-three per cent shall be credited to the general	115867
revenue fund.	115868

(2) Twenty-five and four-tenths per cent shall be credited to	115869
the school district property tax replacement fund, which is hereby	115870
created in the state treasury for the purpose of making the	115871
payments described in section 5727.85 of the Revised Code.	115872

(3) Eleven and six-tenths per cent shall be credited to the	115873
local government property tax replacement fund, which is hereby	115874
created in the state treasury for the purpose of making the	115875
payments described in section 5727.86 of the Revised Code.	115876

(C) The natural gas tax receipts fund is hereby created in	115877
the state treasury and shall consist of money arising from the tax	115878
imposed by section 5727.811 of the Revised Code. All money in the	115879
fund shall be credited as follows:	115880

(1) Sixty-eight and seven-tenths per cent shall be credited	115881
to the school district property tax replacement fund for the	115882
purpose of making the payments described in section 5727.85 of the	115883
Revised Code.	115884

(2) Thirty-one and three-tenths per cent shall be credited to	115885
the local government property tax replacement fund for the purpose	115886
of making the payments described in section 5727.86 of the Revised	115887
Code.	115888

(D) Not later than January 1, 2002, the tax commissioner	115889
shall determine for each taxing district its electric company tax	115890
value loss, which is the sum of the applicable amounts described	115891
in divisions (D)(1) to (4) of this section:	115892

(1) The difference obtained by subtracting the amount	115893
described in division (D)(1)(b) from the amount described in	115894
division (D)(1)(a) of this section.	115895

(a) The value of electric company and rural electric company	115896
tangible personal property as assessed by the tax commissioner for	115897
tax year 1998 on a preliminary assessment, or an amended	115898
preliminary assessment if issued prior to March 1, 1999, and as	115899
apportioned to the taxing district for tax year 1998;	115900

(b) The value of electric company and rural electric company	115901
tangible personal property as assessed by the tax commissioner for	115902
tax year 1998 had the property been apportioned to the taxing	115903
district for tax year 2001, and assessed at the rates in effect	115904
for tax year 2001.	115905

(2) The difference obtained by subtracting the amount	115906
described in division (D)(2)(b) from the amount described in	115907
division (D)(2)(a) of this section.	115908

(a) The three-year average for tax years 1996, 1997, and 1998	115909
of the assessed value from nuclear fuel materials and assemblies	115910
assessed against a person under Chapter 5711. of the Revised Code	115911
from the leasing of them to an electric company for those	115912
respective tax years, as reflected in the preliminary assessments;	115913

(b) The three-year average assessed value from nuclear fuel	115914
materials and assemblies assessed under division (D)(2)(a) of this	115915
section for tax years 1996, 1997, and 1998, as reflected in the	115916
preliminary assessments, using an assessment rate of twenty-five	115917
per cent.	115918

(3) In the case of a taxing district having a nuclear power	115919
plant within its territory, any amount, resulting in an electric	115920
company tax value loss, obtained by subtracting the amount	115921
described in division (D)(1) of this section from the difference	115922
obtained by subtracting the amount described in division (D)(3)(b)	115923
of this section from the amount described in division (D)(3)(a) of	115924
this section.	115925

(a) The value of electric company tangible personal property	115926
as assessed by the tax commissioner for tax year 2000 on a	115927
preliminary assessment, or an amended preliminary assessment if	115928
issued prior to March 1, 2001, and as apportioned to the taxing	115929
district for tax year 2000;	115930

(b) The value of electric company tangible personal property	115931
as assessed by the tax commissioner for tax year 2001 on a	115932
preliminary assessment, or an amended preliminary assessment if	115933
issued prior to March 1, 2002, and as apportioned to the taxing	115934
district for tax year 2001.	115935

(4) In the case of a taxing district having a nuclear power	115936
plant within its territory, the difference obtained by subtracting	115937
the amount described in division (D)(4)(b) of this section from	115938
the amount described in division (D)(4)(a) of this section,	115939
provided that such difference is greater than ten per cent of the	115940
amount described in division (D)(4)(a) of this section.	115941

(a) The value of electric company tangible personal property	115942
as assessed by the tax commissioner for tax year 2005 on a	115943
preliminary assessment, or an amended preliminary assessment if	115944
issued prior to March 1, 2006, and as apportioned to the taxing	115945
district for tax year 2005;	115946

(b) The value of electric company tangible personal property	115947
as assessed by the tax commissioner for tax year 2006 on a	115948
preliminary assessment, or an amended preliminary assessment if	115949
issued prior to March 1, 2007, and as apportioned to the taxing	115950
district for tax year 2006.	115951

(E) Not later than January 1, 2002, the tax commissioner	115952
shall determine for each taxing district its natural gas company	115953
tax value loss, which is the sum of the amounts described in	115954
divisions (E)(1) and (2) of this section:	115955

(1) The difference obtained by subtracting the amount	115956
described in division (E)(1)(b) from the amount described in	115957
division (E)(1)(a) of this section.	115958

(a) The value of all natural gas company tangible personal	115959
property, other than property described in division (E)(2) of this	115960
section, as assessed by the tax commissioner for tax year 1999 on	115961
a preliminary assessment, or an amended preliminary assessment if	115962
issued prior to March 1, 2000, and apportioned to the taxing	115963
district for tax year 1999;	115964

(b) The value of all natural gas company tangible personal	115965
property, other than property described in division (E)(2) of this	115966
section, as assessed by the tax commissioner for tax year 1999 had	115967
the property been apportioned to the taxing district for tax year	115968
2001, and assessed at the rates in effect for tax year 2001.	115969

(2) The difference in the value of current gas obtained by	115970
subtracting the amount described in division (E)(2)(b) from the	115971
amount described in division (E)(2)(a) of this section.	115972

(a) The three-year average assessed value of current gas as	115973
assessed by the tax commissioner for tax years 1997, 1998, and	115974
1999 on a preliminary assessment, or an amended preliminary	115975
assessment if issued prior to March 1, 2001, and as apportioned in	115976
the taxing district for those respective years;	115977

(b) The three-year average assessed value from current gas	115978
under division (E)(2)(a) of this section for tax years 1997, 1998,	115979
and 1999, as reflected in the preliminary assessment, using an	115980
assessment rate of twenty-five per cent.	115981

(F) The tax commissioner may request that natural gas	115982
companies, electric companies, and rural electric companies file a	115983
report to help determine the tax value loss under divisions (D)	115984
and (E) of this section. The report shall be filed within thirty	115985
days of the commissioner's request. A company that fails to file	115986
the report or does not timely file the report is subject to the	115987
penalty in section 5727.60 of the Revised Code.	115988

(G) Not later than January 1, 2002, the tax commissioner	115989
shall determine for each school district, joint vocational school	115990
district, and local taxing unit its fixed-rate levy loss, which is	115991
the sum of its electric company tax value loss multiplied by the	115992
tax rate in effect in tax year 1998 for fixed-rate levies and its	115993
natural gas company tax value loss multiplied by the tax rate in	115994
effect in tax year 1999 for fixed-rate levies.	115995

(H) Not later than January 1, 2002, the tax commissioner	115996
shall determine for each school district, joint vocational school	115997
district, and local taxing unit its fixed-sum levy loss, which is	115998
the amount obtained by subtracting the amount described in	115999
division (H)(2) of this section from the amount described in	116000
division (H)(1) of this section:	116001

(1) The sum of the electric company tax value loss multiplied	116002
by the tax rate in effect in tax year 1998, and the natural gas	116003
company tax value loss multiplied by the tax rate in effect in tax	116004
year 1999, for fixed-sum levies for all taxing districts within	116005
each school district, joint vocational school district, and local	116006
taxing unit. For the years 2002 through 2006, this computation	116007
shall include school district emergency levies that existed in	116008
1998 in the case of the electric company tax value loss, and 1999	116009
in the case of the natural gas company tax value loss, and all	116010
other fixed-sum levies that existed in 1998 in the case of the	116011
electric company tax value loss and 1999 in the case of the	116012
natural gas company tax value loss and continue to be charged in	116013
the tax year preceding the distribution year. For the years 2007	116014
through 2016 in the case of school district emergency levies, and	116015
for all years after 2006 in the case of all other fixed-sum	116016
levies, this computation shall exclude all fixed-sum levies that	116017
existed in 1998 in the case of the electric company tax value loss	116018
and 1999 in the case of the natural gas company tax value loss,	116019
but are no longer in effect in the tax year preceding the	116020
distribution year. For the purposes of this section, an emergency	116021
levy that existed in 1998 in the case of the electric company tax	116022
value loss, and 1999 in the case of the natural gas company tax	116023
value loss, continues to exist in a year beginning on or after	116024
January 1, 2007, but before January 1, 2017, if, in that year, the	116025
board of education levies a school district emergency levy for an	116026
annual sum at least equal to the annual sum levied by the board in	116027
tax year 1998 or 1999, respectively, less the amount of the	116028
payment certified under this division for 2002.	116029

(2) The total taxable value in tax year 1999 less the tax	116030
value loss in each school district, joint vocational school	116031
district, and local taxing unit multiplied by one-fourth of one	116032
mill.	116033

If the amount computed under division (H) of this section for	116034
any school district, joint vocational school district, or local	116035
taxing unit is greater than zero, that amount shall equal the	116036
fixed-sum levy loss reimbursed pursuant to division (E) of section	116037
5727.85 of the Revised Code or division (A)(2) of section 5727.86	116038
of the Revised Code, and the one-fourth of one mill that is	116039
subtracted under division (H)(2) of this section shall be	116040
apportioned among all contributing fixed-sum levies in the	116041
proportion of each levy to the sum of all fixed-sum levies within	116042
each school district, joint vocational school district, or local	116043
taxing unit.	116044

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	116045
section, in computing the tax value loss, fixed-rate levy loss,	116046
and fixed-sum levy loss, the tax commissioner shall use the	116047
greater of the 1998 tax rate or the 1999 tax rate in the case of	116048
levy losses associated with the electric company tax value loss,	116049
but the 1999 tax rate shall not include for this purpose any tax	116050
levy approved by the voters after June 30, 1999, and the tax	116051
commissioner shall use the greater of the 1999 or the 2000 tax	116052
rate in the case of levy losses associated with the natural gas	116053
company tax value loss.	116054

(J) Not later than January 1, 2002, the tax commissioner	116055
shall certify to the department of education the tax value loss	116056
determined under divisions (D) and (E) of this section for each	116057
taxing district, the fixed-rate levy loss calculated under	116058
division (G) of this section, and the fixed-sum levy loss	116059
calculated under division (H) of this section. The calculations	116060
under divisions (G) and (H) of this section shall separately	116061
display the levy loss for each levy eligible for reimbursement.	116062

(K) Not later than September 1, 2001, the tax commissioner	116063
shall certify the amount of the fixed-sum levy loss to the county	116064
auditor of each county in which a school district with a fixed-sum	116065
levy loss has territory.	116066

Sec. 5728.12. Any non-resident of this state who accepts the	116067
privilege extended by the laws of this state to non-residents of	116068
operating a commercial car or commercial tractor, which is subject	116069
to the tax levied in section 5728.06 of the Revised Code, or of	116070
having the same operated within this state, and any resident of	116071
this state who operates a commercial car or commercial tractor,	116072
which is subject to the tax levied in section 5728.06 of the	116073
Revised Code, or has the same operated within this state and	116074
subsequently becomes a non-resident or conceals ~~his~~the person's	116075
whereabouts, makes the secretary of state of the state of Ohio ~~his~~	116076
the person's agent for the service of process or notice in any	116077
assessment, action or proceeding instituted in this state against	116078
such person out of the failure to pay the taxes imposed ~~upon him~~	116079
by the provisions of section 5728.06 of the Revised Code.	116080

Such process or notice shall be served~~, by the officer to~~	116081
~~whom the same is directed or by the tax commissioner, or by the~~	116082
~~sheriff of Franklin county, who may be deputized for such purpose~~	116083
~~by the officer to whom the service is directed, upon the secretary~~	116084
~~of state by leaving at the office of the secretary of state, at~~	116085
~~least fifteen days before the return day of such process or~~	116086
~~notice, a true and attested copy thereof, and by sending to the~~	116087
~~defendant by registered or certified mail, postage prepaid, a like~~	116088
~~and true attested copy, with an endorsement thereon of the service~~	116089
~~upon said secretary of state, addressed to such defendant at his~~	116090
~~last known address. The registered or certified mail return~~	116091
~~receipt of such defendant shall be attached to and made a part of~~	116092
~~the return of such service of process~~as provided under section	116093
5703.37 of the Revised Code.	116094

Sec. 5729.03. (A) If the superintendent of insurance finds	116095
the annual statement required by section 5729.02 of the Revised	116096
Code to be correct, the superintendent shall compute the following	116097
amount, as applicable, of the balance of such gross amount, after	116098
deducting such return premiums and considerations received for	116099
reinsurance, and charge such amount to such company as a tax upon	116100
the business done by it in this state for the period covered by	116101
such annual statement:	116102

(1) If the company is a health insuring corporation, one per	116103
cent of the balance of premium rate payments received, exclusive	116104
of payments received under the medicare program established under	116105
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	116106
U.S.C.A. 301, as amended, orand exclusive of payments received	116107
pursuant to the medical assistance program established under	116108
Chapter 5111. of the Revised Code for the period ending September	116109
30, 2009, as reflected in its annual report;	116110

(2) If the company is not a health insuring corporation, one	116111
and four-tenths per cent of the balance of premiums received,	116112
exclusive of premiums received under the medicare program	116113
established under Title XVIII of the "Social Security Act," 49	116114
Stat. 620 (1935), 42 U.S.C.A. 301, as amended, orand exclusive of	116115
payments received pursuant to the medical assistance program	116116
established under Chapter 5111. of the Revised Code for the period	116117
ending September 30, 2009, as reflected in its annual statement,	116118
and, if the company operates a health insuring corporation as a	116119
line of business, one per cent of the balance of premium rate	116120
payments received from that line of business, exclusive of	116121
payments received under the medicare program established under	116122
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	116123
U.S.C.A. 301, as amended, orand exclusive of payments received	116124
pursuant to the medical assistance program established under	116125
Chapter 5111. of the Revised Code for the period ending September	116126
30, 2009, as reflected in its annual statement.	116127

Each foreign insurance company, including health insuring	116128
corporations, receiving payments pursuant to the medical	116129
assistance program established under Chapter 5111. of the Revised	116130
Code during the period beginning October 1, 2009, and ending	116131
December 31, 2009, shall file with the 2009 annual statement to	116132
the superintendent a schedule that reflects those payments	116133
received pursuant to the medical assistance program for that	116134
period. The payments reflected in the schedule, plus all other	116135
taxable premiums, are subject to the annual franchise tax due to	116136
be paid in 2010.	116137

(B) Any insurance policies that were not issued in violation	116138
of Title XXXIX of the Revised Code and that were issued prior to	116139
April 15, 1967, by a life insurance company organized and operated	116140
without profit to any private shareholder or individual,	116141
exclusively for the purpose of aiding educational or scientific	116142
institutions organized and operated without profit to any private	116143
shareholder or individual, are not subject to the tax imposed by	116144
this section. All taxes collected pursuant to this section shall	116145
be credited to the general revenue fund.	116146

(C) In no case shall the tax imposed under this section be	116147
less than two hundred fifty dollars.	116148

Sec. 5729.16. (A) Terms used in this section have the same	116149
meaning as in section 5725.33 of the Revised Code.	116150

(B) There is hereby allowed a nonrefundable credit against	116151
the tax imposed by section 5729.03 of the Revised Code for a	116152
foreign insurance company holding a qualified equity investment on	116153
the credit allowance date occurring in the calendar year for which	116154
the tax is due. The credit shall be computed in the same manner	116155
prescribed for the computation of credits allowed under section	116156
5725.33 of the Revised Code.	116157

The credit shall be claimed in the order prescribed by	116158
section 5729.98 of the Revised Code. If the amount of the credit	116159
exceeds the amount of tax otherwise due after deducting all other	116160
credits in that order, the excess may be carried forward and	116161
applied to the tax due for not more than four ensuing years.	116162

By claiming a tax credit under this section, an insurance	116163
company waives its rights under section 5729.102 of the Revised	116164
Code with respect to the time limitation for the assessment of	116165
taxes as it relates to credits claimed that later become subject	116166
to recapture under division (D) of this section.	116167

(C) The total amount of qualified equity investments on the	116168
basis of which credits may be claimed under this section, section	116169
5725.33, and section 5733.58 of the Revised Code is subject to the	116170
limitation of division (C) of section 5725.33 of the Revised	116171
Code.	116172

(D) If any amount of the federal tax credit allowed for a	116173
qualified equity investment for which a credit was received under	116174
this section is recaptured under section 45D of the Internal	116175
Revenue Code, or if the director of development determines that an	116176
investment for which a tax credit is claimed under this section is	116177
not a qualified equity investment or that the proceeds of an	116178
investment for which a tax credit is claimed under this section	116179
are used to make qualified low-income community investments other	116180
than in a qualified active low-income community business, all or a	116181
portion of the credit received on account of that investment	116182
shall be paid by the insurance company that received the credit	116183
to the superintendent of insurance. The amount to be recovered	116184
shall be determined by the director of development pursuant to	116185
rules adopted under section 5725.33 of the Revised Code. The	116186
director shall certify any amount due under this division to the	116187
superintendent of insurance, and the superintendent shall notify	116188
the treasurer of state of the amount due. Upon notification, the	116189
treasurer shall invoice the insurance company for the amount due.	116190
The amount due is payable not later than thirty days after the	116191
date the treasurer invoices the insurance company. The amount due	116192
shall be considered to be tax due under section 5729.03 of the	116193
Revised Code, and may be collected by assessment without regard	116194
to the time limitations imposed under section 5729.102 of the	116195
Revised Code for the assessment of taxes by the superintendent.	116196
All amounts collected under this division shall be credited as	116197
revenue from the tax levied under section 5729.03 of the Revised	116198
Code.	116199

Sec. 5729.98. (A) To provide a uniform procedure for	116200
calculating the amount of tax due under this chapter, a taxpayer	116201
shall claim any credits and offsets against tax liability to which	116202
it is entitled in the following order:	116203

(1) The credit for an insurance company or insurance company	116204
group under section 5729.031 of the Revised Code.	116205

(2) The credit for eligible employee training costs under	116206
section 5729.07 of the Revised Code.	116207

(3) The credit for purchases of qualified low-income	116208
community investments under section 5729.16 of the Revised Code;	116209

(4) The job retention credit under section 122.171 of the	116210
Revised Code.	116211

(5) The offset of assessments by the Ohio life and health	116212
insurance guaranty association against tax liability permitted by	116213
section 3956.20 of the Revised Code.	116214

~~(4)~~(6) The refundable credit for Ohio job creation under	116215
section 5729.032 of the Revised Code.	116216

~~(5)~~(7) The refundable credit under section 5729.08 of the	116217
Revised Code for losses on loans made under the Ohio venture	116218
capital program under sections 150.01 to 150.10 of the Revised	116219
Code.	116220

(B) For any credit except the credits enumerated in divisions	116221
(A)~~(4)~~(6) and ~~(5)~~(7) of this section, the amount of the credit for	116222
a taxable year shall not exceed the tax due after allowing for any	116223
other credit that precedes it in the order required under this	116224
section. Any excess amount of a particular credit may be carried	116225
forward if authorized under the section creating that credit.	116226
Nothing in this chapter shall be construed to allow a taxpayer to	116227
claim, directly or indirectly, a credit more than once for a	116228
taxable year.	116229

Sec. 5733.01. (A) The tax provided by this chapter for	116230
domestic corporations shall be the amount charged against each	116231
corporation organized for profit under the laws of this state and	116232
each nonprofit corporation organized pursuant to Chapter 1729. of	116233
the Revised Code, except as provided in sections 5733.09 and	116234
5733.10 of the Revised Code, for the privilege of exercising its	116235
franchise during the calendar year in which that amount is	116236
payable, and the tax provided by this chapter for foreign	116237
corporations shall be the amount charged against each corporation	116238
organized for profit and each nonprofit corporation organized or	116239
operating in the same or similar manner as nonprofit corporations	116240
organized under Chapter 1729. of the Revised Code, under the laws	116241
of any state or country other than this state, except as provided	116242
in sections 5733.09 and 5733.10 of the Revised Code, for the	116243
privilege of doing business in this state, owning or using a part	116244
or all of its capital or property in this state, holding a	116245
certificate of compliance with the laws of this state authorizing	116246
it to do business in this state, or otherwise having nexus in or	116247
with this state under the Constitution of the United States,	116248
during the calendar year in which that amount is payable.	116249

(B) A corporation is subject to the tax imposed by section	116250
5733.06 of the Revised Code for each calendar year that it is so	116251
organized, doing business, owning or using a part or all of its	116252
capital or property, holding a certificate of compliance, or	116253
otherwise having nexus in or with this state under the	116254
Constitution of the United States, on the first day of January of	116255
that calendar year.	116256

(C) Any corporation subject to this chapter that is not	116257
subject to the federal income tax shall file its returns and	116258
compute its tax liability as required by this chapter in the same	116259
manner as if that corporation were subject to the federal income	116260
tax.	116261

(D) For purposes of this chapter, a federally chartered	116262
financial institution shall be deemed to be organized under the	116263
laws of the state within which its principal office is located.	116264

(E) For purposes of this chapter, any person, as defined in	116265
section 5701.01 of the Revised Code, shall be treated as a	116266
corporation if the person is classified for federal income tax	116267
purposes as an association taxable as a corporation, and an equity	116268
interest in the person shall be treated as capital stock of the	116269
person.	116270

(F) For the purposes of this chapter, "disregarded entity"	116271
has the same meaning as in division (D) of section 5745.01 of the	116272
Revised Code.	116273

(1) A person's interest in a disregarded entity, whether held	116274
directly or indirectly, shall be treated as the person's ownership	116275
of the assets and liabilities of the disregarded entity, and the	116276
income, including gain or loss, shall be included in the person's	116277
net income under this chapter.	116278

(2) Any sale, exchange, or other disposition of the person's	116279
interest in the disregarded entity, whether held directly or	116280
indirectly, shall be treated as a sale, exchange, or other	116281
disposition of the person's share of the disregarded entity's	116282
underlying assets or liabilities, and the gain or loss from such	116283
sale, exchange, or disposition shall be included in the person's	116284
net income under this chapter.	116285

(3) The disregarded entity's payroll, property, and sales	116286
factors shall be included in the person's factors.	116287

(G) The tax a corporation is required to pay under this	116288
chapter shall be as follows:	116289

(1)(a) For financial institutions, the greater of the minimum	116290
payment required under division (E) of section 5733.06 of the	116291
Revised Code or the difference between all taxes charged the	116292
financial institution under this chapter, without regard to	116293
division (G)(2) of this section, less any credits allowable	116294
against such tax.	116295

(b) A corporation satisfying the description in division	116296
(E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised	116297
Code that is not a financial institution, insurance company, or	116298
dealer in intangibles is subject to the taxes imposed under this	116299
chapter as a corporation and not subject to tax as a financial	116300
institution, and shall pay the greater of the minimum payment	116301
required under division (E) of section 5733.06 of the Revised Code	116302
or the difference between all the taxes charged under this	116303
chapter, without regard to division (G)(2) of this section, less	116304
any credits allowable against such tax.	116305

(2) For all corporations other than those persons described	116306
in division (G)(1)(a) or (b) of this section, the amount under	116307
division (G)(2)(a) of this section applicable to the tax year	116308
specified less the amount under division (G)(2)(b) of this	116309
section:	116310

(a)(i) For tax year 2005, the greater of the minimum payment	116311
required under division (E) of section 5733.06 of the Revised Code	116312
or the difference between all taxes charged the corporation under	116313
this chapter and any credits allowable against such tax;	116314

(ii) For tax year 2006, the greater of the minimum payment	116315
required under division (E) of section 5733.06 of the Revised Code	116316
or four-fifths of the difference between all taxes charged the	116317
corporation under this chapter and any credits allowable against	116318
such tax, except the qualifying pass-through entity tax credit	116319
described in division (A)~~(29)~~(30) and the refundable credits	116320
described in divisions (A)~~(30)~~(31) to ~~(34)~~(35) of section 5733.98	116321
of the Revised Code;	116322

(iii) For tax year 2007, the greater of the minimum payment	116323
required under division (E) of section 5733.06 of the Revised Code	116324
or three-fifths of the difference between all taxes charged the	116325
corporation under this chapter and any credits allowable against	116326
such tax, except the qualifying pass-through entity tax credit	116327
described in division (A)~~(29)~~(30) and the refundable credits	116328
described in divisions (A)~~(30)~~(31) to ~~(34)~~(35) of section 5733.98	116329
of the Revised Code;	116330

(iv) For tax year 2008, the greater of the minimum payment	116331
required under division (E) of section 5733.06 of the Revised Code	116332
or two-fifths of the difference between all taxes charged the	116333
corporation under this chapter and any credits allowable against	116334
such tax, except the qualifying pass-through entity tax credit	116335
described in division (A)~~(29)~~(30) and the refundable credits	116336
described in divisions (A)~~(30)~~(31) to ~~(34)~~(35) of section 5733.98	116337
of the Revised Code;	116338

(v) For tax year 2009, the greater of the minimum payment	116339
required under division (E) of section 5733.06 of the Revised Code	116340
or one-fifth of the difference between all taxes charged the	116341
corporation under this chapter and any credits allowable against	116342
such tax, except the qualifying pass-through entity tax credit	116343
described in division (A)~~(29)~~(30) and the refundable credits	116344
described in divisions (A)~~(30),~~ (31), (32), ~~and~~ (33), and (34) of	116345
section 5733.98 of the Revised Code;	116346

(vi) For tax year 2010 and each tax year thereafter, no tax.

116347

(b) A corporation shall subtract from the amount calculated	116348
under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section	116349
any qualifying pass-through entity tax credit described in	116350
division (A)~~(29)~~(30) and any refundable credits described in	116351
divisions (A)~~(30)~~(31) to ~~(34)~~(35) of section 5733.98 of the	116352
Revised Code to which the corporation is entitled. Any unused	116353
qualifying pass-through entity tax credit is not refundable.	116354

(c) For the purposes of computing the amount of a credit that	116355
may be carried forward to a subsequent tax year under division	116356
(G)(2) of this section, a credit is utilized against the tax for a	116357
tax year to the extent the credit applies against the tax for that	116358
tax year, even if the difference is then multiplied by the	116359
applicable fraction under division (G)(2)(a) of this section.	116360

(3) Nothing in division (G) of this section eliminates or	116361
reduces the tax imposed by section 5733.41 of the Revised Code on	116362
a qualifying pass-through entity.	116363

Sec. 5733.04. As used in this chapter:

116364

(A) "Issued and outstanding shares of stock" applies to	116365
nonprofit corporations, as provided in section 5733.01 of the	116366
Revised Code, and includes, but is not limited to, membership	116367
certificates and other instruments evidencing ownership of an	116368
interest in such nonprofit corporations, and with respect to a	116369
financial institution that does not have capital stock, "issued	116370
and outstanding shares of stock" includes, but is not limited to,	116371
ownership interests of depositors in the capital employed in such	116372
an institution.	116373

(B) "Taxpayer" means a corporation subject to the tax imposed	116374
by section 5733.06 of the Revised Code.	116375

(C) "Resident" means a corporation organized under the laws	116376
of this state.	116377

(D) "Commercial domicile" means the principal place from	116378
which the trade or business of the taxpayer is directed or	116379
managed.	116380

(E) "Taxable year" means the period prescribed by division	116381
(A) of section 5733.031 of the Revised Code upon the net income of	116382
which the value of the taxpayer's issued and outstanding shares of	116383
stock is determined under division (B) of section 5733.05 of the	116384
Revised Code or the period prescribed by division (A) of section	116385
5733.031 of the Revised Code that immediately precedes the date as	116386
of which the total value of the corporation is determined under	116387
division (A) or (C) of section 5733.05 of the Revised Code.	116388

(F) "Tax year" means the calendar year in and for which the	116389
tax imposed by section 5733.06 of the Revised Code is required to	116390
be paid.	116391

(G) "Internal Revenue Code" means the "Internal Revenue Code	116392
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	116393

(H) "Federal income tax" means the income tax imposed by the	116394
Internal Revenue Code.	116395

(I) Except as provided in section 5733.058 of the Revised	116396
Code, "net income" means the taxpayer's taxable income before	116397
operating loss deduction and special deductions, as required to be	116398
reported for the taxpayer's taxable year under the Internal	116399
Revenue Code, subject to the following adjustments:	116400

(1)(a) Deduct any net operating loss incurred in any taxable	116401
years ending in 1971 or thereafter, but exclusive of any net	116402
operating loss incurred in taxable years ending prior to January	116403
1, 1971. This deduction shall not be allowed in any tax year	116404
commencing before December 31, 1973, but shall be carried over and	116405
allowed in tax years commencing after December 31, 1973, until	116406
fully utilized in the next succeeding taxable year or years in	116407
which the taxpayer has net income, but in no case for more than	116408
the designated carryover period as described in division (I)(1)(b)	116409
of this section. The amount of such net operating loss, as	116410
determined under the allocation and apportionment provisions of	116411
section 5733.051 and division (B) of section 5733.05 of the	116412
Revised Code for the year in which the net operating loss occurs,	116413
shall be deducted from net income, as determined under the	116414
allocation and apportionment provisions of section 5733.051 and	116415
division (B) of section 5733.05 of the Revised Code, to the extent	116416
necessary to reduce net income to zero with the remaining unused	116417
portion of the deduction, if any, carried forward to the remaining	116418
years of the designated carryover period as described in division	116419
(I)(1)(b) of this section, or until fully utilized, whichever	116420
occurs first.	116421

(b) For losses incurred in taxable years ending on or before	116422
December 31, 1981, the designated carryover period shall be the	116423
five consecutive taxable years after the taxable year in which the	116424
net operating loss occurred. For losses incurred in taxable years	116425
ending on or after January 1, 1982, and beginning before August 6,	116426
1997, the designated carryover period shall be the fifteen	116427
consecutive taxable years after the taxable year in which the net	116428
operating loss occurs. For losses incurred in taxable years	116429
beginning on or after August 6, 1997, the designated carryover	116430
period shall be the twenty consecutive taxable years after the	116431
taxable year in which the net operating loss occurs.	116432

(c) The tax commissioner may require a taxpayer to furnish	116433
any information necessary to support a claim for deduction under	116434
division (I)(1)(a) of this section and no deduction shall be	116435
allowed unless the information is furnished.	116436

(2) Deduct any amount included in net income by application	116437
of section 78 or 951 of the Internal Revenue Code, amounts	116438
received for royalties, technical or other services derived from	116439
sources outside the United States, and dividends received from a	116440
subsidiary, associate, or affiliated corporation that neither	116441
transacts any substantial portion of its business nor regularly	116442
maintains any substantial portion of its assets within the United	116443
States. For purposes of determining net foreign source income	116444
deductible under division (I)(2) of this section, the amount of	116445
gross income from all such sources other than dividend income and	116446
income derived by application of section 78 or 951 of the Internal	116447
Revenue Code shall be reduced by:	116448

(a) The amount of any reimbursed expenses for personal	116449
services performed by employees of the taxpayer for the	116450
subsidiary, associate, or affiliated corporation;	116451

(b) Ten per cent of the amount of royalty income and	116452
technical assistance fees;	116453

116454

The amounts described in divisions (I)(2)(a) to (c) of this	116455
section are deemed to be the expenses attributable to the	116456
production of deductible foreign source income unless the taxpayer	116457
shows, by clear and convincing evidence, less actual expenses, or	116458
the tax commissioner shows, by clear and convincing evidence, more	116459
actual expenses.	116460

(3) Add any loss or deduct any gain resulting from the sale,	116461
exchange, or other disposition of a capital asset, or an asset	116462
described in section 1231 of the Internal Revenue Code, to the	116463
extent that such loss or gain occurred prior to the first taxable	116464
year on which the tax provided for in section 5733.06 of the	116465
Revised Code is computed on the corporation's net income. For	116466
purposes of division (I)(3) of this section, the amount of the	116467
prior loss or gain shall be measured by the difference between the	116468
original cost or other basis of the asset and the fair market	116469
value as of the beginning of the first taxable year on which the	116470
tax provided for in section 5733.06 of the Revised Code is	116471
computed on the corporation's net income. At the option of the	116472
taxpayer, the amount of the prior loss or gain may be a percentage	116473
of the gain or loss, which percentage shall be determined by	116474
multiplying the gain or loss by a fraction, the numerator of which	116475
is the number of months from the acquisition of the asset to the	116476
beginning of the first taxable year on which the fee provided in	116477
section 5733.06 of the Revised Code is computed on the	116478
corporation's net income, and the denominator of which is the	116479
number of months from the acquisition of the asset to the sale,	116480
exchange, or other disposition of the asset. The adjustments	116481
described in this division do not apply to any gain or loss where	116482
the gain or loss is recognized by a qualifying taxpayer, as	116483
defined in section 5733.0510 of the Revised Code, with respect to	116484
a qualifying taxable event, as defined in that section.	116485

(4) Deduct the dividend received deduction provided by	116486
section 243 of the Internal Revenue Code.	116487

(5) Deduct any interest or interest equivalent on public	116488
obligations and purchase obligations to the extent included in	116489
federal taxable income. As used in divisions (I)(5) and (6) of	116490
this section, "public obligations," "purchase obligations," and	116491
"interest or interest equivalent" have the same meanings as in	116492
section 5709.76 of the Revised Code.	116493

(6) Add any loss or deduct any gain resulting from the sale,	116494
exchange, or other disposition of public obligations to the extent	116495
included in federal taxable income.	116496

(7) To the extent not otherwise allowed, deduct any dividends	116497
or distributions received by a taxpayer from a public utility,	116498
excluding an electric company and a combined company, and, for tax	116499
years 2005 and thereafter, a telephone company, if the taxpayer	116500
owns at least eighty per cent of the issued and outstanding common	116501
stock of the public utility. As used in division (I)(7) of this	116502
section, "public utility" means a public utility as defined in	116503
Chapter 5727. of the Revised Code, whether or not the public	116504
utility is doing business in the state.	116505

(8) To the extent not otherwise allowed, deduct any dividends	116506
received by a taxpayer from an insurance company, if the taxpayer	116507
owns at least eighty per cent of the issued and outstanding common	116508
stock of the insurance company. As used in division (I)(8) of this	116509
section, "insurance company" means an insurance company that is	116510
taxable under Chapter 5725. or 5729. of the Revised Code.	116511

(9) Deduct expenditures for modifying existing buildings or	116512
structures to meet American national standards institute standard	116513
A-117.1-1961 (R-1971), as amended; provided, that no deduction	116514
shall be allowed to the extent that such deduction is not	116515
permitted under federal law or under rules of the tax	116516
commissioner. Those deductions as are allowed may be taken over a	116517
period of five years. The tax commissioner shall adopt rules under	116518
Chapter 119. of the Revised Code establishing reasonable	116519
limitations on the extent that expenditures for modifying existing	116520
buildings or structures are attributable to the purpose of making	116521
the buildings or structures accessible to and usable by physically	116522
handicapped persons.	116523

(10) Deduct the amount of wages and salaries, if any, not	116524
otherwise allowable as a deduction but that would have been	116525
allowable as a deduction in computing federal taxable income	116526
before operating loss deduction and special deductions for the	116527
taxable year, had the targeted jobs credit allowed and determined	116528
under sections 38, 51, and 52 of the Internal Revenue Code not	116529
been in effect.	116530

(11) Deduct net interest income on obligations of the United	116531
States and its territories and possessions or of any authority,	116532
commission, or instrumentality of the United States to the extent	116533
the laws of the United States prohibit inclusion of the net	116534
interest for purposes of determining the value of the taxpayer's	116535
issued and outstanding shares of stock under division (B) of	116536
section 5733.05 of the Revised Code. As used in division (I)(11)	116537
of this section, "net interest" means interest net of any expenses	116538
taken on the federal income tax return that would not have been	116539
allowed under section 265 of the Internal Revenue Code if the	116540
interest were exempt from federal income tax.	116541

(12)(a) Except as set forth in division (I)(12)(d) of this	116542
section, to the extent not included in computing the taxpayer's	116543
federal taxable income before operating loss deduction and special	116544
deductions, add gains and deduct losses from direct or indirect	116545
sales, exchanges, or other dispositions, made by a related entity	116546
who is not a taxpayer, of the taxpayer's indirect, beneficial, or	116547
constructive investment in the stock or debt of another entity,	116548
unless the gain or loss has been included in computing the federal	116549
taxable income before operating loss deduction and special	116550
deductions of another taxpayer with a more closely related	116551
investment in the stock or debt of the other entity. The amount of	116552
gain added or loss deducted shall not exceed the product obtained	116553
by multiplying such gain or loss by the taxpayer's proportionate	116554
share, directly, indirectly, beneficially, or constructively, of	116555
the outstanding stock of the related entity immediately prior to	116556
the direct or indirect sale, exchange, or other disposition.	116557

(b) Except as set forth in division (I)(12)(e) of this	116558
section, to the extent not included in computing the taxpayer's	116559
federal taxable income before operating loss deduction and special	116560
deductions, add gains and deduct losses from direct or indirect	116561
sales, exchanges, or other dispositions made by a related entity	116562
who is not a taxpayer, of intangible property other than stock,	116563
securities, and debt, if such property was owned, or used in whole	116564
or in part, at any time prior to or at the time of the sale,	116565
exchange, or disposition by either the taxpayer or by a related	116566
entity that was a taxpayer at any time during the related entity's	116567
ownership or use of such property, unless the gain or loss has	116568
been included in computing the federal taxable income before	116569
operating loss deduction and special deductions of another	116570
taxpayer with a more closely related ownership or use of such	116571
intangible property. The amount of gain added or loss deducted	116572
shall not exceed the product obtained by multiplying such gain or	116573
loss by the taxpayer's proportionate share, directly, indirectly,	116574
beneficially, or constructively, of the outstanding stock of the	116575
related entity immediately prior to the direct or indirect sale,	116576
exchange, or other disposition.	116577

(c) As used in division (I)(12) of this section, "related	116578
entity" means those entities described in divisions (I)(12)(c)(i)	116579
to (iii) of this section:	116580

(i) An individual stockholder, or a member of the	116581
stockholder's family enumerated in section 318 of the Internal	116582
Revenue Code, if the stockholder and the members of the	116583
stockholder's family own, directly, indirectly, beneficially, or	116584
constructively, in the aggregate, at least fifty per cent of the	116585
value of the taxpayer's outstanding stock;	116586

(ii) A stockholder, or a stockholder's partnership, estate,	116587
trust, or corporation, if the stockholder and the stockholder's	116588
partnerships, estates, trusts, and corporations own directly,	116589
indirectly, beneficially, or constructively, in the aggregate, at	116590
least fifty per cent of the value of the taxpayer's outstanding	116591
stock;	116592

(iii) A corporation, or a party related to the corporation in	116593
a manner that would require an attribution of stock from the	116594
corporation to the party or from the party to the corporation	116595
under division (I)(12)(c)(iv) of this section, if the taxpayer	116596
owns, directly, indirectly, beneficially, or constructively, at	116597
least fifty per cent of the value of the corporation's outstanding	116598
stock.	116599

(iv) The attribution rules of section 318 of the Internal	116600
Revenue Code apply for purposes of determining whether the	116601
ownership requirements in divisions (I)(12)(c)(i) to (iii) of this	116602
section have been met.	116603

(d) For purposes of the adjustments required by division	116604
(I)(12)(a) of this section, the term "investment in the stock or	116605
debt of another entity" means only those investments where the	116606
taxpayer and the taxpayer's related entities directly, indirectly,	116607
beneficially, or constructively own, in the aggregate, at any time	116608
during the twenty-four month period commencing one year prior to	116609
the direct or indirect sale, exchange, or other disposition of	116610
such investment at least fifty per cent or more of the value of	116611
either the outstanding stock or such debt of such other entity.	116612

(e) For purposes of the adjustments required by division	116613
(I)(12)(b) of this section, the term "related entity" excludes all	116614
of the following:	116615

(i) Foreign corporations as defined in section 7701 of the	116616
Internal Revenue Code;	116617

(ii) Foreign partnerships as defined in section 7701 of the	116618
Internal Revenue Code;	116619

(iii) Corporations, partnerships, estates, and trusts created	116620
or organized in or under the laws of the Commonwealth of Puerto	116621
Rico or any possession of the United States;	116622

(iv) Foreign estates and foreign trusts as defined in section	116623
7701 of the Internal Revenue Code.	116624

The exclusions described in divisions (I)(12)(e)(i) to (iv)	116625
of this section do not apply if the corporation, partnership,	116626
estate, or trust is described in any one of divisions (C)(1) to	116627
(5) of section 5733.042 of the Revised Code.	116628

(f) Nothing in division (I)(12) of this section shall require	116629
or permit a taxpayer to add any gains or deduct any losses	116630
described in divisions (I)(12)(f)(i) and (ii) of this section:	116631

(i) Gains or losses recognized for federal income tax	116632
purposes by an individual, estate, or trust without regard to the	116633
attribution rules described in division (I)(12)(c) of this	116634
section;	116635

(ii) A related entity's gains or losses described in division	116636
(I)(12)(b) of this section if the taxpayer's ownership of or use	116637
of such intangible property was limited to a period not exceeding	116638
nine months and was attributable to a transaction or a series of	116639
transactions executed in accordance with the election or elections	116640
made by the taxpayer or a related entity pursuant to section 338	116641
of the Internal Revenue Code.	116642

(13) Any adjustment required by section 5733.042 of the	116643
Revised Code.	116644

(14) Add any amount claimed as a credit under section	116645
5733.0611 of the Revised Code to the extent that such amount	116646
satisfies either of the following:	116647

(a) It was deducted or excluded from the computation of the	116648
corporation's taxable income before operating loss deduction and	116649
special deductions as required to be reported for the	116650
corporation's taxable year under the Internal Revenue Code;	116651

(b) It resulted in a reduction of the corporation's taxable	116652
income before operating loss deduction and special deductions as	116653
required to be reported for any of the corporation's taxable years	116654
under the Internal Revenue Code.	116655

(15) Deduct the amount contributed by the taxpayer to an	116656
individual development account program established by a county	116657
department of job and family services pursuant to sections 329.11	116658
to 329.14 of the Revised Code for the purpose of matching funds	116659
deposited by program participants. On request of the tax	116660
commissioner, the taxpayer shall provide any information that, in	116661
the tax commissioner's opinion, is necessary to establish the	116662
amount deducted under division (I)(15) of this section.	116663

(16) Any adjustment required by section 5733.0510 or	116664
5733.0511 of the Revised Code.	116665

(17)(a)(i) Add five-sixths of the amount of depreciation	116666
expense allowed under subsection (k) of section 168 of the	116667
Internal Revenue Code, including a person's proportionate or	116668
distributive share of the amount of depreciation expense allowed	116669
by that subsection to any pass-through entity in which the person	116670
has direct or indirect ownership.	116671

(ii) Add five-sixths of the amount of qualifying section 179	116672
depreciation expense, including a person's proportionate or	116673
distributive share of the amount of qualifying section 179	116674
depreciation expense allowed to any pass-through entity in which	116675
the person has a direct or indirect ownership. For the purposes of	116676
this division, "qualifying section 179 depreciation expense" means	116677
the difference between (I) the amount of depreciation expense	116678
directly or indirectly allowed to the taxpayer under section 179	116679
of the Internal Revenue Code, and (II) the amount of depreciation	116680
expense directly or indirectly allowed to the taxpayer under	116681
section 179 of the Internal Revenue Code as that section existed	116682
on December 31, 2002.	116683

The tax commissioner, under procedures established by the	116684
commissioner, may waive the add-backs related to a pass-through	116685
entity if the person owns, directly or indirectly, less than five	116686
per cent of the pass-through entity.	116687

(b) Nothing in division (I)(17) of this section shall be	116688
construed to adjust or modify the adjusted basis of any asset.	116689

(c) To the extent the add-back is attributable to property	116690
generating income or loss allocable under section 5733.051 of the	116691
Revised Code, the add-back shall be allocated to the same location	116692
as the income or loss generated by that property. Otherwise, the	116693
add-back shall be apportioned, subject to division (B)(2)(d) of	116694
section 5733.05 of the Revised Code.	116695

(18)(a) If a person is required to make the add-back under	116696
division (I)(17)(a) of this section for a tax year, the person	116697
shall deduct one-fifth of the amount added back for each of the	116698
succeeding five tax years.	116699

(b) If the amount deducted under division (I)(18)(a) of this	116700
section is attributable to an add-back allocated under division	116701
(I)(17)(c) of this section, the amount deducted shall be allocated	116702
to the same location. Otherwise, the amount shall be apportioned	116703
using the apportionment factors for the taxable year in which the	116704
deduction is taken, subject to division (B)(2)(d) of section	116705
5733.05 of the Revised Code.	116706

(J) Except as otherwise expressly provided or clearly	116707
appearing from the context, any term used in this chapter has the	116708
same meaning as when used in a comparable context in the laws of	116709
the United States relating to federal income taxes. Any reference	116710
in this chapter to the Internal Revenue Code includes other laws	116711
of the United States relating to federal income taxes.	116712

(K) "Financial institution" has the meaning given by section	116713
5725.01 of the Revised Code but does not include a production	116714
credit association as described in 85 Stat. 597, 12 U.S.C.A. 2091.	116715

(L)(1) A "qualifying holding company" is any corporation	116716
satisfying all of the following requirements:	116717

(a) Subject to divisions (L)(2) and (3) of this section, the	116718
net book value of the corporation's intangible assets is greater	116719
than or equal to ninety per cent of the net book value of all of	116720
its assets and at least fifty per cent of the net book value of	116721
all of its assets represents direct or indirect investments in the	116722
equity of, loans and advances to, and accounts receivable due from	116723
related members;	116724

(b) At least ninety per cent of the corporation's gross	116725
income for the taxable year is attributable to the following:	116726

(i) The maintenance, management, ownership, acquisition, use,	116727
and disposition of its intangible property, its aircraft the use	116728
of which is not subject to regulation under 14 C.F.R. part 121 or	116729
part 135, and any real property described in division (L)(2)(c) of	116730
this section;	116731

(ii) The collection and distribution of income from such	116732
property.	116733

(c) The corporation is not a financial institution on the	116734
last day of the taxable year ending prior to the first day of the	116735
tax year;	116736

(d) The corporation's related members make a good faith and	116737
reasonable effort to make timely and fully the adjustments	116738
required by division ~~(C)(2)~~(D) of section 5733.05 of the Revised	116739
Code and to pay timely and fully all uncontested taxes, interest,	116740
penalties, and other fees and charges imposed under this chapter;	116741

(e) Subject to division (L)(4) of this section, the	116742
corporation elects to be treated as a qualifying holding company	116743
for the tax year.	116744

A corporation otherwise satisfying divisions (L)(1)(a) to (e)	116745
of this section that does not elect to be a qualifying holding	116746
company is not a qualifying holding company for the purposes of	116747
this chapter.	116748

(2)(a)(i) For purposes of making the ninety per cent	116749
computation under division (L)(1)(a) of this section, the net book	116750
value of the corporation's assets shall not include the net book	116751
value of aircraft or real property described in division	116752
(L)(1)(b)(i) of this section.	116753

(ii) For purposes of making the fifty per cent computation	116754
under division (L)(1)(a) of this section, the net book value of	116755
assets shall include the net book value of aircraft or real	116756
property described in division (L)(1)(b)(i) of this section.	116757

(b)(i) As used in division (L) of this section, "intangible	116758
asset" includes, but is not limited to, the corporation's direct	116759
interest in each pass-through entity only if at all times during	116760
the corporation's taxable year ending prior to the first day of	116761
the tax year the corporation's and the corporation's related	116762
members' combined direct and indirect interests in the capital or	116763
profits of such pass-through entity do not exceed fifty per cent.	116764
If the corporation's interest in the pass-through entity is an	116765
intangible asset for that taxable year, then the distributive	116766
share of any income from the pass-through entity shall be income	116767
from an intangible asset for that taxable year.	116768

(ii) If a corporation's and the corporation's related	116769
members' combined direct and indirect interests in the capital or	116770
profits of a pass-through entity exceed fifty per cent at any time	116771
during the corporation's taxable year ending prior to the first	116772
day of the tax year, "intangible asset" does not include the	116773
corporation's direct interest in the pass-through entity, and the	116774
corporation shall include in its assets its proportionate share of	116775
the assets of any such pass-through entity and shall include in	116776
its gross income its distributive share of the gross income of	116777
such pass-through entity in the same form as was earned by the	116778
pass-through entity.	116779

(iii) A pass-through entity's direct or indirect	116780
proportionate share of any other pass-through entity's assets	116781
shall be included for the purpose of computing the corporation's	116782
proportionate share of the pass-through entity's assets under	116783
division (L)(2)(b)(ii) of this section, and such pass-through	116784
entity's distributive share of any other pass-through entity's	116785
gross income shall be included for purposes of computing the	116786
corporation's distributive share of the pass-through entity's	116787
gross income under division (L)(2)(b)(ii) of this section.	116788

(c) For the purposes of divisions (L)(1)(b)(i), (1)(b)(ii),	116789
(2)(a)(i), and (2)(a)(ii) of this section, real property is	116790
described in division (L)(2)(c) of this section only if all of the	116791
following conditions are present at all times during the taxable	116792
year ending prior to the first day of the tax year:	116793

(i) The real property serves as the headquarters of the	116794
corporation's trade or business, or is the place from which the	116795
corporation's trade or business is principally managed or	116796
directed;	116797

(ii) Not more than ten per cent of the value of the real	116798
property and not more than ten per cent of the square footage of	116799
the building or buildings that are part of the real property is	116800
used, made available, or occupied for the purpose of providing,	116801
acquiring, transferring, selling, or disposing of tangible	116802
property or services in the normal course of business to persons	116803
other than related members, the corporation's employees and their	116804
families, and such related members' employees and their families.	116805

(d) As used in division (L) of this section, "related member"	116806
has the same meaning as in division (A)(6) of section 5733.042 of	116807
the Revised Code without regard to division (B) of that section.	116808

(3) The percentages described in division (L)(1)(a) of this	116809
section shall be equal to the quarterly average of those	116810
percentages as calculated during the corporation's taxable year	116811
ending prior to the first day of the tax year.	116812

(4) With respect to the election described in division	116813
(L)(1)(e) of this section:	116814

(a) The election need not accompany a timely filed report;

116815

(b) The election need not accompany the report; rather, the	116816
election may accompany a subsequently filed but timely application	116817
for refund and timely amended report, or a subsequently filed but	116818
timely petition for reassessment;	116819

116820

(d) The election applies only to the tax year specified by	116821
the corporation;	116822

(e) The corporation's related members comply with division	116823
(L)(1)(d) of this section.	116824

Nothing in division (L)(4) of this section shall be construed	116825
to extend any statute of limitations set forth in this chapter.	116826

(M) "Qualifying controlled group" means two or more	116827
corporations that satisfy the ownership and control requirements	116828
of division (A) of section 5733.052 of the Revised Code.	116829

(N) "Limited liability company" means any limited liability	116830
company formed under Chapter 1705. of the Revised Code or under	116831
the laws of any other state.	116832

(O) "Pass-through entity" means a corporation that has made	116833
an election under subchapter S of Chapter 1 of Subtitle A of the	116834
Internal Revenue Code for its taxable year under that code, or a	116835
partnership, limited liability company, or any other person, other	116836
than an individual, trust, or estate, if the partnership, limited	116837
liability company, or other person is not classified for federal	116838
income tax purposes as an association taxed as a corporation.	116839

(P) "Electric company," "combined company," and "telephone	116840
company" have the same meanings as in section 5727.01 of the	116841
Revised Code.	116842

(Q) "Business income" means income arising from transactions,	116843
activities, and sources in the regular course of a trade or	116844
business and includes income from real property, tangible personal	116845
property, and intangible personal property if the acquisition,	116846
rental, management, and disposition of the property constitute	116847
integral parts of the regular course of a trade or business	116848
operation. "Business income" includes income, including gain or	116849
loss, from a partial or complete liquidation of a business,	116850
including, but not limited to, gain or loss from the sale or other	116851
disposition of goodwill.	116852

(R) "Nonbusiness income" means all income other than business	116853
income.	116854

Sec. 5733.47. (A) As used in this section, "certificate	116855
owner" has the same meaning as in section 149.311 of the Revised	116856
Code.	116857

(B) There is allowed a refundable credit against the tax	116858
imposed under section 5733.06 of the Revised Code for a taxpayer	116859
that is a certificate owner of a rehabilitation tax credit	116860
certificate issued under section 149.311 of the Revised Code. The	116861
credit shall equal twenty-five per cent of the dollar amount	116862
indicated on the certificate, but shall not exceed five million	116863
dollars. The credit shall be claimed for the tax year specified	116864
in the certificate and in the order required under section	116865
5733.98 of the Revised Code. For purposes of making tax payments	116866
under this chapter, taxes equal to the amount of the refundable	116867
credit shall be considered to be paid to the state on the first	116868
day of the tax year.	116869

(C) A taxpayer claiming a credit under this section shall	116870
retain the rehabilitation tax credit certificate for four years	116871
following the end of the tax year to which the credit was applied,	116872
and shall make the certificate available for inspection by the tax	116873
commissioner upon the request of the tax commissioner during that	116874
period.	116875

(D) If, pursuant to division (G) of section 5733.01 of the	116876
Revised Code, a taxpayer no longer pays a tax under this chapter,	116877
the taxpayer may nonetheless file an annual report under section	116878
5733.02 of the Revised Code and claim the refundable credit	116879
authorized by this section. Nothing in this division allows a	116880
taxpayer to claim the credit under this section more than once.	116881

(E) Nothing in this section limits or disallows pass-through	116882
treatment of the credit if the certificate owner is a pass-through	116883
entity. If the certificate owner is a pass-through entity, the	116884
amount of the credit allowed for the entity shall not exceed five	116885
million dollars, and the credit may be allocated among the	116886
entity's equity owners in proportion to their ownership interests	116887
or in such proportions or amounts as the equity owners mutually	116888
agree.	116889

Sec. 5733.58. (A) Terms used in this section have the same	116890
meaning as in section 5725.33 of the Revised Code.	116891

(B) There is hereby allowed a nonrefundable credit against	116892
the tax imposed by section 5733.06 of the Revised Code for a	116893
financial institution holding a qualified equity investment on the	116894
credit allowance date occurring in the calendar year immediately	116895
preceding the tax year for which the tax is due. The credit shall	116896
be computed in the same manner prescribed for the computation of	116897
credits allowed under section 5725.33 of the Revised Code.	116898

By claiming a tax credit under this section, a financial	116899
institution waives its rights under section 5733.11 of the Revised	116900
Code with respect to the time limitation for the assessment of	116901
taxes as it relates to credits claimed that later become subject	116902
to recapture under division (D) of this section.	116903

The credit shall be claimed in the order prescribed by	116904
section 5733.98 of the Revised Code. If the amount of the credit	116905
exceeds the amount of tax otherwise due after deducting all other	116906
credits in that order, the excess may be carried forward and	116907
applied to the tax due for not more than four ensuing tax years.	116908

(C) The total amount of qualified equity investments on the	116909
basis of which credits may be claimed under this section and	116910
sections 5725.33 and 5729.16 of the Revised Code is subject to the	116911
limitation of division (C) of section 5725.33 of the Revised Code.	116912

(D) If any amount of the federal tax credit allowed for a	116913
qualified equity investment for which a credit was received under	116914
this section is recaptured under section 45D of the Internal	116915
Revenue Code, or if the director of development determines that an	116916
investment for which a tax credit is claimed under this section is	116917
not a qualified equity investment or that the proceeds of an	116918
investment for which a tax credit is claimed under this section	116919
are used to make qualified low-income community investments other	116920
than in a qualified active low-income community business, all or a	116921
portion of the credit received on account of that investment	116922
shall be paid by the financial institution that received the	116923
credit to the tax commissioner. The amount to be recovered shall	116924
be determined by the director of development pursuant to rules	116925
adopted under section 5725.33 of the Revised Code. The director	116926
shall certify any amount due under this division to the tax	116927
commissioner, and the commissioner shall notify the financial	116928
institution of the amount due. The amount due is payable not	116929
later than thirty days after the day the commissioner issues the	116930
notice. The amount due shall be considered to be tax due under	116931
section 5733.06 of the Revised Code, and may be collected by	116932
assessment without regard to the limitations imposed under section	116933
5733.11 of the Revised Code for the assessment of taxes by the	116934
commissioner. All amounts collected under this division shall be	116935
credited as revenue from the tax levied under section 5733.06 of	116936
the Revised Code.	116937

Sec. 5733.59. (A) Any term used in this section has the same	116938
meaning as in section 122.85 of the Revised Code.	116939

(B) There is allowed a credit against the tax imposed by	116940
section 5733.06 of the Revised Code for any corporation that is	116941
the certificate owner of a tax credit certificate issued under	116942
section 122.85 of the Revised Code. The credit shall be claimed	116943
for the taxable year in which the certificate is issued by the	116944
director of development. The credit amount equals the amount	116945
stated in the certificate. The credit shall be claimed in the	116946
order required under section 5733.98 of the Revised Code. If the	116947
credit amount exceeds the tax otherwise due under section 5733.06	116948
of the Revised Code after deducting all other credits in that	116949
order, the excess shall be refunded.	116950

(C) If, pursuant to division (G) of section 5733.01 of the	116951
Revised Code, the corporation is not required to pay tax under	116952
this chapter, the corporation may file an annual report under	116953
section 5733.02 of the Revised Code and claim the credit	116954
authorized by this section. Nothing in this section allows a	116955
corporation to claim more than one credit per tax credit-eligible	116956
production.	116957

Sec. 5733.98. (A) To provide a uniform procedure for	116958
calculating the amount of tax imposed by section 5733.06 of the	116959
Revised Code that is due under this chapter, a taxpayer shall	116960
claim any credits to which it is entitled in the following order,	116961
except as otherwise provided in section 5733.058 of the Revised	116962
Code:	116963

(1) For tax year 2005, the credit for taxes paid by a	116964
qualifying pass-through entity allowed under section 5733.0611 of	116965
the Revised Code;	116966

(2) The credit allowed for financial institutions under	116967
section 5733.45 of the Revised Code;	116968

(3) The credit for qualifying affiliated groups under section	116969
5733.068 of the Revised Code;	116970

(4) The subsidiary corporation credit under section 5733.067	116971
of the Revised Code;	116972

(5) The savings and loan assessment credit under section	116973
5733.063 of the Revised Code;	116974

(6) The credit for recycling and litter prevention donations	116975
under section 5733.064 of the Revised Code;	116976

(7) The credit for employers that enter into agreements with	116977
child day-care centers under section 5733.36 of the Revised Code;	116978

(8) The credit for employers that reimburse employee child	116979
care expenses under section 5733.38 of the Revised Code;	116980

(9) The credit for maintaining railroad active grade crossing	116981
warning devices under section 5733.43 of the Revised Code;	116982

(10) The credit for purchases of lights and reflectors under	116983
section 5733.44 of the Revised Code;	116984

(11) The job retention credit under division (B) of section	116985
5733.0610 of the Revised Code;	116986

(12) The credit for tax years 2008 and 2009 for selling	116987
alternative fuel under section 5733.48 of the Revised Code;	116988

(13) The second credit for purchases of new manufacturing	116989
machinery and equipment under section 5733.33 of the Revised Code;	116990

(14) The job training credit under section 5733.42 of the	116991
Revised Code;	116992

(15) The credit for qualified research expenses under section	116993
5733.351 of the Revised Code;	116994

(16) The enterprise zone credit under section 5709.66 of the	116995
Revised Code;	116996

(17) The credit for the eligible costs associated with a	116997
voluntary action under section 5733.34 of the Revised Code;	116998

(18) The credit for employers that establish on-site child	116999
day-care centers under section 5733.37 of the Revised Code;	117000

(19) The ethanol plant investment credit under section	117001
5733.46 of the Revised Code;	117002

(20) The credit for purchases of qualifying grape production	117003
property under section 5733.32 of the Revised Code;	117004

(21) The export sales credit under section 5733.069 of the	117005
Revised Code;	117006

(22) The credit for research and development and technology	117007
transfer investors under section 5733.35 of the Revised Code;	117008

(23) The enterprise zone credits under section 5709.65 of the	117009
Revised Code;	117010

(24) The credit for using Ohio coal under section 5733.39 of	117011
the Revised Code;	117012

(25) The credit for purchases of qualified low-income	117013
community investments under section 5733.58 of the Revised Code;	117014

(26) The credit for small telephone companies under section	117015
5733.57 of the Revised Code;	117016

~~(26)~~(27) The credit for eligible nonrecurring 9-1-1 charges	117017
under section 5733.55 of the Revised Code;	117018

~~(27)~~(28) For tax year 2005, the credit for providing programs	117019
to aid the communicatively impaired under division (A) of section	117020
5733.56 of the Revised Code;	117021

~~(28)~~(29) The research and development credit under section	117022
5733.352 of the Revised Code;	117023

~~(29)~~(30) For tax years 2006 and subsequent tax years, the	117024
credit for taxes paid by a qualifying pass-through entity allowed	117025
under section 5733.0611 of the Revised Code;	117026

~~(30)~~(31) The refundable credit for rehabilitating a historic	117027
building under section 5733.47 of the Revised Code;	117028

~~(31)~~(32) The refundable jobs creation credit under division	117029
(A) of section 5733.0610 of the Revised Code;	117030

~~(32)~~(33) The refundable credit for tax withheld under	117031
division (B)(2) of section 5747.062 of the Revised Code;	117032

~~(33)~~(34) The refundable credit under section 5733.49 of the	117033
Revised Code for losses on loans made to the Ohio venture capital	117034
program under sections 150.01 to 150.10 of the Revised Code;	117035

~~(34)~~(35) For tax years 2006, 2007, and 2008, the refundable	117036
credit allowable under division (B) of section 5733.56 of the	117037
Revised Code;	117038

(36) The refundable motion picture production credit under	117039
section 5733.59 of the Revised Code.	117040

(B) For any credit except the credits enumerated in divisions	117041
(A)~~(30)~~(31) to ~~(34)~~(36) of this section, the amount of the credit	117042
for a tax year shall not exceed the tax due after allowing for	117043
any other credit that precedes it in the order required under	117044
this section. Any excess amount of a particular credit may be	117045
carried forward if authorized under the section creating that	117046
credit.	117047

Sec. 5735.142. (A)(1) Any person who uses any motor fuel, on	117048
which the tax imposed by sections 5735.05, 5735.25, and 5735.29 of	117049
the Revised Code has been paid, for the purpose of operating a	117050
transit bus shall be reimbursed in the amount of ~~the~~such tax paid	117051
on motor fuel used by public transportation systems providing	117052
transit or paratransit service on a regular and continuing basis	117053
within the state;	117054

(2) A city, exempted village, joint vocational, or local	117055
school district or educational service center that purchases any	117056
motor fuel for school district or service center operations, on	117057
which any tax imposed by section 5735.29 of the Revised Code that	117058
became effective on or after July 1, 2003, has been paid, may, if	117059
an application is filed under this section, be reimbursed in the	117060
amount of all but two cents per gallon of the total tax imposed by	117061
such section and paid on motor fuel.	117062

(3) A county board of mental retardation and developmental	117063
disabilities that, on or after July 1, 2005, purchases any motor	117064
fuel for county board operations, on which any tax imposed by	117065
section 5735.29 of the Revised Code has been paid may, if an	117066
application is filed under this section, be reimbursed in the	117067
amount of all but two cents per gallon of the total tax imposed by	117068
such section and paid on motor fuel purchased on or after July 1,	117069
2005.	117070

(B) Such person, school district, educational service center,	117071
or county board shall file with the tax commissioner an	117072
application for refund within one year from the date of purchase,	117073
stating the quantity of fuel used for operating transit buses used	117074
by local transit systems in furnishing scheduled common carrier,	117075
public passenger land transportation service along regular routes	117076
primarily in one or more municipal corporations or for operating	117077
vehicles used for school district, service center, or county board	117078
operations. However, no claim shall be made for the tax on fewer	117079
than one hundred gallons of motor fuel. A school district,	117080
educational service center, or county board shall not apply for a	117081
refund for any tax paid on motor fuel that is sold by the	117082
district, service center, or county board. The application shall	117083
be accompanied by the statement described in section 5735.15 of	117084
the Revised Code showing the purchase, together with evidence of	117085
payment thereof.	117086

(C) After consideration of the application and statement, the	117087
commissioner shall determine the amount of refund to which the	117088
applicant is entitled. If the amount is not less than that	117089
claimed, the commissioner shall certify the amount to the director	117090
of budget and management and treasurer of state for payment from	117091
the tax refund fund created by section 5703.052 of the Revised	117092
Code. If the amount is less than that claimed, the commissioner	117093
shall proceed in accordance with section 5703.70 of the Revised	117094
Code.	117095

The commissioner may require that the application be	117096
supported by the affidavit of the claimant. No refund shall be	117097
authorized or ordered for any single claim for the tax on fewer	117098
than one hundred gallons of motor fuel. No refund shall be	117099
authorized or ordered on motor fuel that is sold by a school	117100
district, educational service center, or county board.	117101

(D) The refund authorized by this section or section 5703.70	117102
of the Revised Code shall be reduced by the cents per gallon	117103
amount of any qualified fuel credit received under section	117104
5735.145 of the Revised Code, as determined by the commissioner,	117105
for each gallon of qualified fuel included in the total gallonage	117106
of motor fuel upon which the refund is computed.	117107

(E) The right to receive any refund under this section or	117108
section 5703.70 of the Revised Code is not assignable. The payment	117109
of this refund shall not be made to any person or entity other	117110
than the person or entity originally entitled thereto who used the	117111
motor fuel upon which the claim for refund is based, except that	117112
the refund when allowed and certified, as provided in this	117113
section, may be paid to the executor, the administrator, the	117114
receiver, the trustee in bankruptcy, or the assignee in insolvency	117115
proceedings of the person.	117116

Sec. 5739.01. As used in this chapter:

117117

(A) "Person" includes individuals, receivers, assignees,	117118
trustees in bankruptcy, estates, firms, partnerships,	117119
associations, joint-stock companies, joint ventures, clubs,	117120
societies, corporations, the state and its political subdivisions,	117121
and combinations of individuals of any form.	117122

(B) "Sale" and "selling" include all of the following	117123
transactions for a consideration in any manner, whether absolutely	117124
or conditionally, whether for a price or rental, in money or by	117125
exchange, and by any means whatsoever:	117126

(1) All transactions by which title or possession, or both,	117127
of tangible personal property, is or is to be transferred, or a	117128
license to use or consume tangible personal property is or is to	117129
be granted;	117130

(2) All transactions by which lodging by a hotel is or is to	117131
be furnished to transient guests;	117132

(3) All transactions by which:

117133

(a) An item of tangible personal property is or is to be	117134
repaired, except property, the purchase of which would not be	117135
subject to the tax imposed by section 5739.02 of the Revised Code;	117136

(b) An item of tangible personal property is or is to be	117137
installed, except property, the purchase of which would not be	117138
subject to the tax imposed by section 5739.02 of the Revised Code	117139
or property that is or is to be incorporated into and will become	117140
a part of a production, transmission, transportation, or	117141
distribution system for the delivery of a public utility service;	117142

(c) The service of washing, cleaning, waxing, polishing, or	117143
painting a motor vehicle is or is to be furnished;	117144

(d) Until August 1, 2003, industrial laundry cleaning	117145
services are or are to be provided and, on and after August 1,	117146
2003, laundry and dry cleaning services are or are to be provided;	117147

(e) Automatic data processing, computer services, or	117148
electronic information services are or are to be provided for use	117149
in business when the true object of the transaction is the receipt	117150
by the consumer of automatic data processing, computer services,	117151
or electronic information services rather than the receipt of	117152
personal or professional services to which automatic data	117153
processing, computer services, or electronic information services	117154
are incidental or supplemental. Notwithstanding any other	117155
provision of this chapter, such transactions that occur between	117156
members of an affiliated group are not sales. An "affiliated	117157
group" means two or more persons related in such a way that one	117158
person owns or controls the business operation of another member	117159
of the group. In the case of corporations with stock, one	117160
corporation owns or controls another if it owns more than fifty	117161
per cent of the other corporation's common stock with voting	117162
rights.	117163

(f) Telecommunications service, including prepaid calling	117164
service, prepaid wireless calling service, or ancillary service,	117165
is or is to be provided, but not including coin-operated telephone	117166
service;	117167

(g) Landscaping and lawn care service is or is to be	117168
provided;	117169

(h) Private investigation and security service is or is to be	117170
provided;	117171

(i) Information services or tangible personal property is	117172
provided or ordered by means of a nine hundred telephone call;	117173

(j) Building maintenance and janitorial service is or is to	117174
be provided;	117175

(k) Employment service is or is to be provided;

117176

(l) Employment placement service is or is to be provided;

117177

(m) Exterminating service is or is to be provided;

117178

(n) Physical fitness facility service is or is to be	117179
provided;	117180

(o) Recreation and sports club service is or is to be	117181
provided;	117182

(p) On and after August 1, 2003, satellite broadcasting	117183
service is or is to be provided;	117184

(q) On and after August 1, 2003, personal care service is or	117185
is to be provided to an individual. As used in this division,	117186
"personal care service" includes skin care, the application of	117187
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	117188
piercing, tanning, massage, and other similar services. "Personal	117189
care service" does not include a service provided by or on the	117190
order of a licensed physician or licensed chiropractor, or the	117191
cutting, coloring, or styling of an individual's hair.	117192

(r) On and after August 1, 2003, the transportation of	117193
persons by motor vehicle or aircraft is or is to be provided, when	117194
the transportation is entirely within this state, except for	117195
transportation provided by an ambulance service, by a transit bus,	117196
as defined in section 5735.01 of the Revised Code, and	117197
transportation provided by a citizen of the United States holding	117198
a certificate of public convenience and necessity issued under 49	117199
U.S.C. 41102;	117200

(s) On and after August 1, 2003, motor vehicle towing service	117201
is or is to be provided. As used in this division, "motor vehicle	117202
towing service" means the towing or conveyance of a wrecked,	117203
disabled, or illegally parked motor vehicle.	117204

(t) On and after August 1, 2003, snow removal service is or	117205
is to be provided. As used in this division, "snow removal	117206
service" means the removal of snow by any mechanized means, but	117207
does not include the providing of such service by a person that	117208
has less than five thousand dollars in sales of such service	117209
during the calendar year.	117210

(u) Electronic publishing service is or is to be provided to	117211
a consumer for use in business, except that such transactions	117212
occurring between members of an affiliated group, as defined in	117213
division (B)(3)(e) of this section, are not sales.	117214

(4) All transactions by which printed, imprinted,	117215
overprinted, lithographic, multilithic, blueprinted, photostatic,	117216
or other productions or reproductions of written or graphic matter	117217
are or are to be furnished or transferred;	117218

(5) The production or fabrication of tangible personal	117219
property for a consideration for consumers who furnish either	117220
directly or indirectly the materials used in the production of	117221
fabrication work; and include the furnishing, preparing, or	117222
serving for a consideration of any tangible personal property	117223
consumed on the premises of the person furnishing, preparing, or	117224
serving such tangible personal property. Except as provided in	117225
section 5739.03 of the Revised Code, a construction contract	117226
pursuant to which tangible personal property is or is to be	117227
incorporated into a structure or improvement on and becoming a	117228
part of real property is not a sale of such tangible personal	117229
property. The construction contractor is the consumer of such	117230
tangible personal property, provided that the sale and	117231
installation of carpeting, the sale and installation of	117232
agricultural land tile, the sale and erection or installation of	117233
portable grain bins, or the provision of landscaping and lawn care	117234
service and the transfer of property as part of such service is	117235
never a construction contract.	117236

As used in division (B)(5) of this section:

117237

(a) "Agricultural land tile" means fired clay or concrete	117238
tile, or flexible or rigid perforated plastic pipe or tubing,	117239
incorporated or to be incorporated into a subsurface drainage	117240
system appurtenant to land used or to be used directly in	117241
production by farming, agriculture, horticulture, or floriculture.	117242
The term does not include such materials when they are or are to	117243
be incorporated into a drainage system appurtenant to a building	117244
or structure even if the building or structure is used or to be	117245
used in such production.	117246

(b) "Portable grain bin" means a structure that is used or to	117247
be used by a person engaged in farming or agriculture to shelter	117248
the person's grain and that is designed to be disassembled without	117249
significant damage to its component parts.	117250

(6) All transactions in which all of the shares of stock of a	117251
closely held corporation are transferred, if the corporation is	117252
not engaging in business and its entire assets consist of boats,	117253
planes, motor vehicles, or other tangible personal property	117254
operated primarily for the use and enjoyment of the shareholders;	117255

(7) All transactions in which a warranty, maintenance or	117256
service contract, or similar agreement by which the vendor of the	117257
warranty, contract, or agreement agrees to repair or maintain the	117258
tangible personal property of the consumer is or is to be	117259
provided;	117260

(8) The transfer of copyrighted motion picture films used	117261
solely for advertising purposes, except that the transfer of such	117262
films for exhibition purposes is not a sale;	117263

(9) On and after August 1, 2003, all transactions by which	117264
tangible personal property is or is to be stored, except such	117265
property that the consumer of the storage holds for sale in the	117266
regular course of business;	117267

(10) All transactions in which "guaranteed auto protection"	117268
is provided whereby a person promises to pay to the consumer the	117269
difference between the amount the consumer receives from motor	117270
vehicle insurance and the amount the consumer owes to a person	117271
holding title to or a lien on the consumer's motor vehicle in the	117272
event the consumer's motor vehicle suffers a total loss under the	117273
terms of the motor vehicle insurance policy or is stolen and not	117274
recovered, if the protection and its price are included in the	117275
purchase or lease agreement;	117276

(11)(a) Except as provided in division (B)(11)(b) of this	117277
section, on and after October 1, 2009, all transactions by which	117278
health care services are paid for, reimbursed, provided,	117279
delivered, arranged for, or otherwise made available by a medicaid	117280
health insuring corporation pursuant to the corporation's contract	117281
with the state.	117282

(b) If the centers for medicare and medicaid services of the	117283
United States department of health and human services determines	117284
that the taxation of transactions described in division (B)(11)(a)	117285
of this section constitutes an impermissible health care-related	117286
tax under section 1903(w) of the "Social Security Act," 49 Stat.	117287
620 (1935), 42 U.S.C. 1396b(w), as amended, and regulations	117288
adopted thereunder, the director of job and family services shall	117289
notify the tax commissioner of that determination. Beginning with	117290
the first day of the month following that notification, the	117291
transactions described in division (B)(11)(a) of this section are	117292
not sales for the purposes of this chapter or Chapter 5741. of the	117293
Revised Code. The tax commissioner shall order that the collection	117294
of taxes under sections 5739.02, 5739.021, 5739.023, 5739.026,	117295
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code	117296
shall cease for transactions occurring on or after that date.	117297

Except as provided in this section, "sale" and "selling" do	117298
not include transfers of interest in leased property where the	117299
original lessee and the terms of the original lease agreement	117300
remain unchanged, or professional, insurance, or personal service	117301
transactions that involve the transfer of tangible personal	117302
property as an inconsequential element, for which no separate	117303
charges are made.	117304

(C) "Vendor" means the person providing the service or by	117305
whom the transfer effected or license given by a sale is or is to	117306
be made or given and, for sales described in division (B)(3)(i) of	117307
this section, the telecommunications service vendor that provides	117308
the nine hundred telephone service; if two or more persons are	117309
engaged in business at the same place of business under a single	117310
trade name in which all collections on account of sales by each	117311
are made, such persons shall constitute a single vendor.	117312

Physicians, dentists, hospitals, and veterinarians who are	117313
engaged in selling tangible personal property as received from	117314
others, such as eyeglasses, mouthwashes, dentifrices, or similar	117315
articles, are vendors. Veterinarians who are engaged in	117316
transferring to others for a consideration drugs, the dispensing	117317
of which does not require an order of a licensed veterinarian or	117318
physician under federal law, are vendors.	117319

(D)(1) "Consumer" means the person for whom the service is	117320
provided, to whom the transfer effected or license given by a sale	117321
is or is to be made or given, to whom the service described in	117322
division (B)(3)(f) or (i) of this section is charged, or to whom	117323
the admission is granted.	117324

(2) Physicians, dentists, hospitals, and blood banks operated	117325
by nonprofit institutions and persons licensed to practice	117326
veterinary medicine, surgery, and dentistry are consumers of all	117327
tangible personal property and services purchased by them in	117328
connection with the practice of medicine, dentistry, the rendition	117329
of hospital or blood bank service, or the practice of veterinary	117330
medicine, surgery, and dentistry. In addition to being consumers	117331
of drugs administered by them or by their assistants according to	117332
their direction, veterinarians also are consumers of drugs that	117333
under federal law may be dispensed only by or upon the order of a	117334
licensed veterinarian or physician, when transferred by them to	117335
others for a consideration to provide treatment to animals as	117336
directed by the veterinarian.	117337

(3) A person who performs a facility management, or similar	117338
service contract for a contractee is a consumer of all tangible	117339
personal property and services purchased for use in connection	117340
with the performance of such contract, regardless of whether title	117341
to any such property vests in the contractee. The purchase of such	117342
property and services is not subject to the exception for resale	117343
under division (E)(1) of this section.	117344

(4)(a) In the case of a person who purchases printed matter	117345
for the purpose of distributing it or having it distributed to the	117346
public or to a designated segment of the public, free of charge,	117347
that person is the consumer of that printed matter, and the	117348
purchase of that printed matter for that purpose is a sale.	117349

(b) In the case of a person who produces, rather than	117350
purchases, printed matter for the purpose of distributing it or	117351
having it distributed to the public or to a designated segment of	117352
the public, free of charge, that person is the consumer of all	117353
tangible personal property and services purchased for use or	117354
consumption in the production of that printed matter. That person	117355
is not entitled to claim exemption under division (B)(42)(f) of	117356
section 5739.02 of the Revised Code for any material incorporated	117357
into the printed matter or any equipment, supplies, or services	117358
primarily used to produce the printed matter.	117359

(c) The distribution of printed matter to the public or to a	117360
designated segment of the public, free of charge, is not a sale to	117361
the members of the public to whom the printed matter is	117362
distributed or to any persons who purchase space in the printed	117363
matter for advertising or other purposes.	117364

(5) A person who makes sales of any of the services listed in	117365
division (B)(3) of this section is the consumer of any tangible	117366
personal property used in performing the service. The purchase of	117367
that property is not subject to the resale exception under	117368
division (E)(1) of this section.	117369

(6) A person who engages in highway transportation for hire	117370
is the consumer of all packaging materials purchased by that	117371
person and used in performing the service, except for packaging	117372
materials sold by such person in a transaction separate from the	117373
service.	117374

(7) In the case of a transaction for health care services	117375
under division (B)(11) of this section, a medicaid health insuring	117376
corporation is the consumer of such services. The purchase of such	117377
services by a medicaid health insuring corporation is not subject	117378
to the exception for resale under division (E)(1) of this section	117379
or to the exemptions provided under divisions (B)(12), (18), (19),	117380
and (22) of section 5739.02 of the Revised Code.	117381

(E) "Retail sale" and "sales at retail" include all sales,	117382
except those in which the purpose of the consumer is to resell the	117383
thing transferred or benefit of the service provided, by a person	117384
engaging in business, in the form in which the same is, or is to	117385
be, received by the person.	117386

(F) "Business" includes any activity engaged in by any person	117387
with the object of gain, benefit, or advantage, either direct or	117388
indirect. "Business" does not include the activity of a person in	117389
managing and investing the person's own funds.	117390

(G) "Engaging in business" means commencing, conducting, or	117391
continuing in business, and liquidating a business when the	117392
liquidator thereof holds itself out to the public as conducting	117393
such business. Making a casual sale is not engaging in business.	117394

(H)(1)(a) "Price," except as provided in divisions (H)(2)	117395
~~and~~, (3), and (4) of this section, means the total amount of	117396
consideration, including cash, credit, property, and services,	117397
for which tangible personal property or services are sold,	117398
leased, or rented, valued in money, whether received in money or	117399
otherwise, without any deduction for any of the following:	117400

(i) The vendor's cost of the property sold;

117401

(ii) The cost of materials used, labor or service costs,	117402
interest, losses, all costs of transportation to the vendor, all	117403
taxes imposed on the vendor, including the tax imposed under	117404
Chapter 5751. of the Revised Code, and any other expense of the	117405
vendor;	117406

(iii) Charges by the vendor for any services necessary to	117407
complete the sale;	117408

(iv) On and after August 1, 2003, delivery charges. As used	117409
in this division, "delivery charges" means charges by the vendor	117410
for preparation and delivery to a location designated by the	117411
consumer of tangible personal property or a service, including	117412
transportation, shipping, postage, handling, crating, and packing.	117413

(v) Installation charges;

117414

(vi) Credit for any trade-in.

117415

(b) "Price" includes consideration received by the vendor	117416
from a third party, if the vendor actually receives the	117417
consideration from a party other than the consumer, and the	117418
consideration is directly related to a price reduction or discount	117419
on the sale; the vendor has an obligation to pass the price	117420
reduction or discount through to the consumer; the amount of the	117421
consideration attributable to the sale is fixed and determinable	117422
by the vendor at the time of the sale of the item to the consumer;	117423
and one of the following criteria is met:	117424

(i) The consumer presents a coupon, certificate, or other	117425
document to the vendor to claim a price reduction or discount	117426
where the coupon, certificate, or document is authorized,	117427
distributed, or granted by a third party with the understanding	117428
that the third party will reimburse any vendor to whom the coupon,	117429
certificate, or document is presented;	117430

(ii) The consumer identifies the consumer's self to the	117431
seller as a member of a group or organization entitled to a price	117432
reduction or discount. A preferred customer card that is available	117433
to any patron does not constitute membership in such a group or	117434
organization.	117435

(iii) The price reduction or discount is identified as a	117436
third party price reduction or discount on the invoice received by	117437
the consumer, or on a coupon, certificate, or other document	117438
presented by the consumer.	117439

117440

(i) Discounts, including cash, term, or coupons that are not	117441
reimbursed by a third party that are allowed by a vendor and taken	117442
by a consumer on a sale;	117443

(ii) Interest, financing, and carrying charges from credit	117444
extended on the sale of tangible personal property or services, if	117445
the amount is separately stated on the invoice, bill of sale, or	117446
similar document given to the purchaser;	117447

(iii) Any taxes legally imposed directly on the consumer that	117448
are separately stated on the invoice, bill of sale, or similar	117449
document given to the consumer. For the purpose of this division,	117450
the tax imposed under Chapter 5751. of the Revised Code is not a	117451
tax directly on the consumer, even if the tax or a portion thereof	117452
is separately stated.	117453

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	117454
section, any discount allowed by an automobile manufacturer to its	117455
employee, or to the employee of a supplier, on the purchase of a	117456
new motor vehicle from a new motor vehicle dealer in this state.	117457

(2) In the case of a sale of any new motor vehicle by a new	117458
motor vehicle dealer, as defined in section 4517.01 of the Revised	117459
Code, in which another motor vehicle is accepted by the dealer as	117460
part of the consideration received, "price" has the same meaning	117461
as in division (H)(1) of this section, reduced by the credit	117462
afforded the consumer by the dealer for the motor vehicle received	117463
in trade.	117464

(3) In the case of a sale of any watercraft or outboard motor	117465
by a watercraft dealer licensed in accordance with section	117466
1547.543 of the Revised Code, in which another watercraft,	117467
watercraft and trailer, or outboard motor is accepted by the	117468
dealer as part of the consideration received, "price" has the same	117469
meaning as in division (H)(1) of this section, reduced by the	117470
credit afforded the consumer by the dealer for the watercraft,	117471
watercraft and trailer, or outboard motor received in trade. As	117472
used in this division, "watercraft" includes an outdrive unit	117473
attached to the watercraft.	117474

(4) In the case of transactions for health care services	117475
under division (B)(11) of this section, "price" means the amount	117476
of managed care premiums received each month by a medicaid health	117477
insuring corporation.	117478

(I) "Receipts" means the total amount of the prices of the	117479
sales of vendors, provided that cash discounts allowed and taken	117480
on sales at the time they are consummated are not included, minus	117481
any amount deducted as a bad debt pursuant to section 5739.121 of	117482
the Revised Code. "Receipts" does not include the sale price of	117483
property returned or services rejected by consumers when the full	117484
sale price and tax are refunded either in cash or by credit.	117485

(J) "Place of business" means any location at which a person	117486
engages in business.	117487

(K) "Premises" includes any real property or portion thereof	117488
upon which any person engages in selling tangible personal	117489
property at retail or making retail sales and also includes any	117490
real property or portion thereof designated for, or devoted to,	117491
use in conjunction with the business engaged in by such person.	117492

(L) "Casual sale" means a sale of an item of tangible	117493
personal property that was obtained by the person making the sale,	117494
through purchase or otherwise, for the person's own use and was	117495
previously subject to any state's taxing jurisdiction on its sale	117496
or use, and includes such items acquired for the seller's use that	117497
are sold by an auctioneer employed directly by the person for such	117498
purpose, provided the location of such sales is not the	117499
auctioneer's permanent place of business. As used in this	117500
division, "permanent place of business" includes any location	117501
where such auctioneer has conducted more than two auctions during	117502
the year.	117503

(M) "Hotel" means every establishment kept, used, maintained,	117504
advertised, or held out to the public to be a place where sleeping	117505
accommodations are offered to guests, in which five or more rooms	117506
are used for the accommodation of such guests, whether the rooms	117507
are in one or several structures, except as otherwise provided in	117508
division (G) of section 5739.09 of the Revised Code.	117509

(N) "Transient guests" means persons occupying a room or	117510
rooms for sleeping accommodations for less than thirty consecutive	117511
days.	117512

(O) "Making retail sales" means the effecting of transactions	117513
wherein one party is obligated to pay the price and the other	117514
party is obligated to provide a service or to transfer title to or	117515
possession of the item sold. "Making retail sales" does not	117516
include the preliminary acts of promoting or soliciting the retail	117517
sales, other than the distribution of printed matter which	117518
displays or describes and prices the item offered for sale, nor	117519
does it include delivery of a predetermined quantity of tangible	117520
personal property or transportation of property or personnel to or	117521
from a place where a service is performed, regardless of whether	117522
the vendor is a delivery vendor.	117523

(P) "Used directly in the rendition of a public utility	117524
service" means that property that is to be incorporated into and	117525
will become a part of the consumer's production, transmission,	117526
transportation, or distribution system and that retains its	117527
classification as tangible personal property after such	117528
incorporation; fuel or power used in the production, transmission,	117529
transportation, or distribution system; and tangible personal	117530
property used in the repair and maintenance of the production,	117531
transmission, transportation, or distribution system, including	117532
only such motor vehicles as are specially designed and equipped	117533
for such use. Tangible personal property and services used	117534
primarily in providing highway transportation for hire are not	117535
used directly in the rendition of a public utility service. In	117536
this definition, "public utility" includes a citizen of the United	117537
States holding, and required to hold, a certificate of public	117538
convenience and necessity issued under 49 U.S.C. 41102.	117539

(Q) "Refining" means removing or separating a desirable	117540
product from raw or contaminated materials by distillation or	117541
physical, mechanical, or chemical processes.	117542

(R) "Assembly" and "assembling" mean attaching or fitting	117543
together parts to form a product, but do not include packaging a	117544
product.	117545

(S) "Manufacturing operation" means a process in which	117546
materials are changed, converted, or transformed into a different	117547
state or form from which they previously existed and includes	117548
refining materials, assembling parts, and preparing raw materials	117549
and parts by mixing, measuring, blending, or otherwise committing	117550
such materials or parts to the manufacturing process.	117551
"Manufacturing operation" does not include packaging.	117552

(T) "Fiscal officer" means, with respect to a regional	117553
transit authority, the secretary-treasurer thereof, and with	117554
respect to a county that is a transit authority, the fiscal	117555
officer of the county transit board if one is appointed pursuant	117556
to section 306.03 of the Revised Code or the county auditor if the	117557
board of county commissioners operates the county transit system.	117558

(U) "Transit authority" means a regional transit authority	117559
created pursuant to section 306.31 of the Revised Code or a county	117560
in which a county transit system is created pursuant to section	117561
306.01 of the Revised Code. For the purposes of this chapter, a	117562
transit authority must extend to at least the entire area of a	117563
single county. A transit authority that includes territory in more	117564
than one county must include all the area of the most populous	117565
county that is a part of such transit authority. County population	117566
shall be measured by the most recent census taken by the United	117567
States census bureau.	117568

(V) "Legislative authority" means, with respect to a regional	117569
transit authority, the board of trustees thereof, and with respect	117570
to a county that is a transit authority, the board of county	117571
commissioners.	117572

(W) "Territory of the transit authority" means all of the	117573
area included within the territorial boundaries of a transit	117574
authority as they from time to time exist. Such territorial	117575
boundaries must at all times include all the area of a single	117576
county or all the area of the most populous county that is a part	117577
of such transit authority. County population shall be measured by	117578
the most recent census taken by the United States census bureau.	117579

(X) "Providing a service" means providing or furnishing	117580
anything described in division (B)(3) of this section for	117581
consideration.	117582

(Y)(1)(a) "Automatic data processing" means processing of	117583
others' data, including keypunching or similar data entry services	117584
together with verification thereof, or providing access to	117585
computer equipment for the purpose of processing data.	117586

(b) "Computer services" means providing services consisting	117587
of specifying computer hardware configurations and evaluating	117588
technical processing characteristics, computer programming, and	117589
training of computer programmers and operators, provided in	117590
conjunction with and to support the sale, lease, or operation of	117591
taxable computer equipment or systems.	117592

(c) "Electronic information services" means providing access	117593
to computer equipment by means of telecommunications equipment for	117594
the purpose of either of the following:	117595

(i) Examining or acquiring data stored in or accessible to	117596
the computer equipment;	117597

(ii) Placing data into the computer equipment to be retrieved	117598
by designated recipients with access to the computer equipment.	117599

For transactions occurring on or after the effective date of	117600
the amendment of this section by H.B. 157 of the 127th general	117601
assembly, December 21, 2007, "electronic information services"	117602
does not include electronic publishing as defined in division	117603
(LLL) of this section.	117604

(d) "Automatic data processing, computer services, or	117605
electronic information services" shall not include personal or	117606
professional services.	117607

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	117608
section, "personal and professional services" means all services	117609
other than automatic data processing, computer services, or	117610
electronic information services, including but not limited to:	117611

(a) Accounting and legal services such as advice on tax	117612
matters, asset management, budgetary matters, quality control,	117613
information security, and auditing and any other situation where	117614
the service provider receives data or information and studies,	117615
alters, analyzes, interprets, or adjusts such material;	117616

(b) Analyzing business policies and procedures;

117617

117618

(d) Feasibility studies, including economic and technical	117619
analysis of existing or potential computer hardware or software	117620
needs and alternatives;	117621

(e) Designing policies, procedures, and custom software for	117622
collecting business information, and determining how data should	117623
be summarized, sequenced, formatted, processed, controlled, and	117624
reported so that it will be meaningful to management;	117625

(f) Developing policies and procedures that document how	117626
business events and transactions are to be authorized, executed,	117627
and controlled;	117628

(g) Testing of business procedures;

117629

(h) Training personnel in business procedure applications;

117630

(i) Providing credit information to users of such information	117631
by a consumer reporting agency, as defined in the "Fair Credit	117632
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	117633
as hereafter amended, including but not limited to gathering,	117634
organizing, analyzing, recording, and furnishing such information	117635
by any oral, written, graphic, or electronic medium;	117636

(j) Providing debt collection services by any oral, written,	117637
graphic, or electronic means.	117638

The services listed in divisions (Y)(2)(a) to (j) of this	117639
section are not automatic data processing or computer services.	117640

(Z) "Highway transportation for hire" means the	117641
transportation of personal property belonging to others for	117642
consideration by any of the following:	117643

(1) The holder of a permit or certificate issued by this	117644
state or the United States authorizing the holder to engage in	117645
transportation of personal property belonging to others for	117646
consideration over or on highways, roadways, streets, or any	117647
similar public thoroughfare;	117648

(2) A person who engages in the transportation of personal	117649
property belonging to others for consideration over or on	117650
highways, roadways, streets, or any similar public thoroughfare	117651
but who could not have engaged in such transportation on December	117652
11, 1985, unless the person was the holder of a permit or	117653
certificate of the types described in division (Z)(1) of this	117654
section;	117655

(3) A person who leases a motor vehicle to and operates it	117656
for a person described by division (Z)(1) or (2) of this section.	117657

(AA)(1) "Telecommunications service" means the electronic	117658
transmission, conveyance, or routing of voice, data, audio, video,	117659
or any other information or signals to a point, or between or	117660
among points. "Telecommunications service" includes such	117661
transmission, conveyance, or routing in which computer processing	117662
applications are used to act on the form, code, or protocol of the	117663
content for purposes of transmission, conveyance, or routing	117664
without regard to whether the service is referred to as voice-over	117665
internet protocol service or is classified by the federal	117666
communications commission as enhanced or value-added.	117667
"Telecommunications service" does not include any of the	117668
following:	117669

(a) Data processing and information services that allow data	117670
to be generated, acquired, stored, processed, or retrieved and	117671
delivered by an electronic transmission to a consumer where the	117672
consumer's primary purpose for the underlying transaction is the	117673
processed data or information;	117674

(b) Installation or maintenance of wiring or equipment on a	117675
customer's premises;	117676

117677

(d) Advertising, including directory advertising;

117678

(e) Billing and collection services provided to third	117679
parties;	117680

(f) Internet access service;

117681

(g) Radio and television audio and video programming	117682
services, regardless of the medium, including the furnishing of	117683
transmission, conveyance, and routing of such services by the	117684
programming service provider. Radio and television audio and video	117685
programming services include, but are not limited to, cable	117686
service, as defined in 47 U.S.C. 522(6), and audio and video	117687
programming services delivered by commercial mobile radio service	117688
providers, as defined in 47 C.F.R. 20.3;	117689

(h) Ancillary service;

117690

(i) Digital products delivered electronically, including	117691
software, music, video, reading materials, or ring tones.	117692

(2) "Ancillary service" means a service that is associated	117693
with or incidental to the provision of telecommunications service,	117694
including conference bridging service, detailed telecommunications	117695
billing service, directory assistance, vertical service, and voice	117696
mail service. As used in this division:	117697

(a) "Conference bridging service" means an ancillary service	117698
that links two or more participants of an audio or video	117699
conference call, including providing a telephone number.	117700
"Conference bridging service" does not include telecommunications	117701
services used to reach the conference bridge.	117702

(b) "Detailed telecommunications billing service" means an	117703
ancillary service of separately stating information pertaining to	117704
individual calls on a customer's billing statement.	117705

(c) "Directory assistance" means an ancillary service of	117706
providing telephone number or address information.	117707

(d) "Vertical service" means an ancillary service that is	117708
offered in connection with one or more telecommunications	117709
services, which offers advanced calling features that allow	117710
customers to identify callers and manage multiple calls and call	117711
connections, including conference bridging service.	117712

(e) "Voice mail service" means an ancillary service that	117713
enables the customer to store, send, or receive recorded messages.	117714
"Voice mail service" does not include any vertical services that	117715
the customer may be required to have in order to utilize the voice	117716
mail service.	117717

(3) "900 service" means an inbound toll telecommunications	117718
service purchased by a subscriber that allows the subscriber's	117719
customers to call in to the subscriber's prerecorded announcement	117720
or live service, and which is typically marketed under the name	117721
"900" service and any subsequent numbers designated by the federal	117722
communications commission. "900 service" does not include the	117723
charge for collection services provided by the seller of the	117724
telecommunications service to the subscriber, or services or	117725
products sold by the subscriber to the subscriber's customer.	117726

(4) "Prepaid calling service" means the right to access	117727
exclusively telecommunications services, which must be paid for in	117728
advance and which enables the origination of calls using an access	117729
number or authorization code, whether manually or electronically	117730
dialed, and that is sold in predetermined units of dollars of	117731
which the number declines with use in a known amount.	117732

(5) "Prepaid wireless calling service" means a	117733
telecommunications service that provides the right to utilize	117734
mobile telecommunications service as well as other	117735
non-telecommunications services, including the download of digital	117736
products delivered electronically, and content and ancillary	117737
services, that must be paid for in advance and that is sold in	117738
predetermined units of dollars of which the number declines with	117739
use in a known amount.	117740

(6) "Value-added non-voice data service" means a	117741
telecommunications service in which computer processing	117742
applications are used to act on the form, content, code, or	117743
protocol of the information or data primarily for a purpose other	117744
than transmission, conveyance, or routing.	117745

(7) "Coin-operated telephone service" means a	117746
telecommunications service paid for by inserting money into a	117747
telephone accepting direct deposits of money to operate.	117748

(8) "Customer" has the same meaning as in section 5739.034 of	117749
the Revised Code.	117750

(BB) "Laundry and dry cleaning services" means removing soil	117751
or dirt from towels, linens, articles of clothing, or other fabric	117752
items that belong to others and supplying towels, linens, articles	117753
of clothing, or other fabric items. "Laundry and dry cleaning	117754
services" does not include the provision of self-service	117755
facilities for use by consumers to remove soil or dirt from	117756
towels, linens, articles of clothing, or other fabric items.	117757

(CC) "Magazines distributed as controlled circulation	117758
publications" means magazines containing at least twenty-four	117759
pages, at least twenty-five per cent editorial content, issued at	117760
regular intervals four or more times a year, and circulated	117761
without charge to the recipient, provided that such magazines are	117762
not owned or controlled by individuals or business concerns which	117763
conduct such publications as an auxiliary to, and essentially for	117764
the advancement of the main business or calling of, those who own	117765
or control them.	117766

(DD) "Landscaping and lawn care service" means the services	117767
of planting, seeding, sodding, removing, cutting, trimming,	117768
pruning, mulching, aerating, applying chemicals, watering,	117769
fertilizing, and providing similar services to establish, promote,	117770
or control the growth of trees, shrubs, flowers, grass, ground	117771
cover, and other flora, or otherwise maintaining a lawn or	117772
landscape grown or maintained by the owner for ornamentation or	117773
other nonagricultural purpose. However, "landscaping and lawn care	117774
service" does not include the providing of such services by a	117775
person who has less than five thousand dollars in sales of such	117776
services during the calendar year.	117777

(EE) "Private investigation and security service" means the	117778
performance of any activity for which the provider of such service	117779
is required to be licensed pursuant to Chapter 4749. of the	117780
Revised Code, or would be required to be so licensed in performing	117781
such services in this state, and also includes the services of	117782
conducting polygraph examinations and of monitoring or overseeing	117783
the activities on or in, or the condition of, the consumer's home,	117784
business, or other facility by means of electronic or similar	117785
monitoring devices. "Private investigation and security service"	117786
does not include special duty services provided by off-duty police	117787
officers, deputy sheriffs, and other peace officers regularly	117788
employed by the state or a political subdivision.	117789

(FF) "Information services" means providing conversation,	117790
giving consultation or advice, playing or making a voice or other	117791
recording, making or keeping a record of the number of callers,	117792
and any other service provided to a consumer by means of a nine	117793
hundred telephone call, except when the nine hundred telephone	117794
call is the means by which the consumer makes a contribution to a	117795
recognized charity.	117796

(GG) "Research and development" means designing, creating, or	117797
formulating new or enhanced products, equipment, or manufacturing	117798
processes, and also means conducting scientific or technological	117799
inquiry and experimentation in the physical sciences with the goal	117800
of increasing scientific knowledge which may reveal the bases for	117801
new or enhanced products, equipment, or manufacturing processes.	117802

(HH) "Qualified research and development equipment" means	117803
capitalized tangible personal property, and leased personal	117804
property that would be capitalized if purchased, used by a person	117805
primarily to perform research and development. Tangible personal	117806
property primarily used in testing, as defined in division (A)(4)	117807
of section 5739.011 of the Revised Code, or used for recording or	117808
storing test results, is not qualified research and development	117809
equipment unless such property is primarily used by the consumer	117810
in testing the product, equipment, or manufacturing process being	117811
created, designed, or formulated by the consumer in the research	117812
and development activity or in recording or storing such test	117813
results.	117814

(II) "Building maintenance and janitorial service" means	117815
cleaning the interior or exterior of a building and any tangible	117816
personal property located therein or thereon, including any	117817
services incidental to such cleaning for which no separate charge	117818
is made. However, "building maintenance and janitorial service"	117819
does not include the providing of such service by a person who has	117820
less than five thousand dollars in sales of such service during	117821
the calendar year.	117822

(JJ) "Employment service" means providing or supplying	117823
personnel, on a temporary or long-term basis, to perform work or	117824
labor under the supervision or control of another, when the	117825
personnel so provided or supplied receive their wages, salary, or	117826
other compensation from the provider or supplier of the employment	117827
service or from a third party that provided or supplied the	117828
personnel to the provider or supplier. "Employment service" does	117829
not include:	117830

(1) Acting as a contractor or subcontractor, where the	117831
personnel performing the work are not under the direct control of	117832
the purchaser.	117833

(2) Medical and health care services.

117834

(3) Supplying personnel to a purchaser pursuant to a contract	117835
of at least one year between the service provider and the	117836
purchaser that specifies that each employee covered under the	117837
contract is assigned to the purchaser on a permanent basis.	117838

(4) Transactions between members of an affiliated group, as	117839
defined in division (B)(3)(e) of this section.	117840

(5) Transactions where the personnel so provided or supplied	117841
by a provider or supplier to a purchaser of an employment service	117842
are then provided or supplied by that purchaser to a third party	117843
as an employment service, except "employment service" does include	117844
the transaction between that purchaser and the third party.	117845

(KK) "Employment placement service" means locating or finding	117846
employment for a person or finding or locating an employee to fill	117847
an available position.	117848

(LL) "Exterminating service" means eradicating or attempting	117849
to eradicate vermin infestations from a building or structure, or	117850
the area surrounding a building or structure, and includes	117851
activities to inspect, detect, or prevent vermin infestation of a	117852
building or structure.	117853

(MM) "Physical fitness facility service" means all	117854
transactions by which a membership is granted, maintained, or	117855
renewed, including initiation fees, membership dues, renewal fees,	117856
monthly minimum fees, and other similar fees and dues, by a	117857
physical fitness facility such as an athletic club, health spa, or	117858
gymnasium, which entitles the member to use the facility for	117859
physical exercise.	117860

(NN) "Recreation and sports club service" means all	117861
transactions by which a membership is granted, maintained, or	117862
renewed, including initiation fees, membership dues, renewal fees,	117863
monthly minimum fees, and other similar fees and dues, by a	117864
recreation and sports club, which entitles the member to use the	117865
facilities of the organization. "Recreation and sports club" means	117866
an organization that has ownership of, or controls or leases on a	117867
continuing, long-term basis, the facilities used by its members	117868
and includes an aviation club, gun or shooting club, yacht club,	117869
card club, swimming club, tennis club, golf club, country club,	117870
riding club, amateur sports club, or similar organization.	117871

(OO) "Livestock" means farm animals commonly raised for food	117872
or food production, and includes but is not limited to cattle,	117873
sheep, goats, swine, and poultry. "Livestock" does not include	117874
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	117875
animals for use in laboratories or for exhibition, or other	117876
animals not commonly raised for food or food production.	117877

(PP) "Livestock structure" means a building or structure used	117878
exclusively for the housing, raising, feeding, or sheltering of	117879
livestock, and includes feed storage or handling structures and	117880
structures for livestock waste handling.	117881

(QQ) "Horticulture" means the growing, cultivation, and	117882
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	117883
and nursery stock. As used in this division, "nursery stock" has	117884
the same meaning as in section 927.51 of the Revised Code.	117885

(RR) "Horticulture structure" means a building or structure	117886
used exclusively for the commercial growing, raising, or	117887
overwintering of horticultural products, and includes the area	117888
used for stocking, storing, and packing horticultural products	117889
when done in conjunction with the production of those products.	117890

(SS) "Newspaper" means an unbound publication bearing a title	117891
or name that is regularly published, at least as frequently as	117892
biweekly, and distributed from a fixed place of business to the	117893
public in a specific geographic area, and that contains a	117894
substantial amount of news matter of international, national, or	117895
local events of interest to the general public.	117896

(TT) "Professional racing team" means a person that employs	117897
at least twenty full-time employees for the purpose of conducting	117898
a motor vehicle racing business for profit. The person must	117899
conduct the business with the purpose of racing one or more motor	117900
racing vehicles in at least ten competitive professional racing	117901
events each year that comprise all or part of a motor racing	117902
series sanctioned by one or more motor racing sanctioning	117903
organizations. A "motor racing vehicle" means a vehicle for which	117904
the chassis, engine, and parts are designed exclusively for motor	117905
racing, and does not include a stock or production model vehicle	117906
that may be modified for use in racing. For the purposes of this	117907
division:	117908

(1) A "competitive professional racing event" is a motor	117909
vehicle racing event sanctioned by one or more motor racing	117910
sanctioning organizations, at which aggregate cash prizes in	117911
excess of eight hundred thousand dollars are awarded to the	117912
competitors.	117913

(2) "Full-time employee" means an individual who is employed	117914
for consideration for thirty-five or more hours a week, or who	117915
renders any other standard of service generally accepted by custom	117916
or specified by contract as full-time employment.	117917

(UU)(1) "Lease" or "rental" means any transfer of the	117918
possession or control of tangible personal property for a fixed or	117919
indefinite term, for consideration. "Lease" or "rental" includes	117920
future options to purchase or extend, and agreements described in	117921
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	117922
the amount of consideration may be increased or decreased by	117923
reference to the amount realized upon the sale or disposition of	117924
the property. "Lease" or "rental" does not include:	117925

(a) A transfer of possession or control of tangible personal	117926
property under a security agreement or a deferred payment plan	117927
that requires the transfer of title upon completion of the	117928
required payments;	117929

(b) A transfer of possession or control of tangible personal	117930
property under an agreement that requires the transfer of title	117931
upon completion of required payments and payment of an option	117932
price that does not exceed the greater of one hundred dollars or	117933
one per cent of the total required payments;	117934

(c) Providing tangible personal property along with an	117935
operator for a fixed or indefinite period of time, if the operator	117936
is necessary for the property to perform as designed. For purposes	117937
of this division, the operator must do more than maintain,	117938
inspect, or set-up the tangible personal property.	117939

(2) "Lease" and "rental," as defined in division (UU) of this	117940
section, shall not apply to leases or rentals that exist before	117941
June 26, 2003.	117942

(3) "Lease" and "rental" have the same meaning as in division	117943
(UU)(1) of this section regardless of whether a transaction is	117944
characterized as a lease or rental under generally accepted	117945
accounting principles, the Internal Revenue Code, Title XIII of	117946
the Revised Code, or other federal, state, or local laws.	117947

(VV) "Mobile telecommunications service" has the same meaning	117948
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	117949
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	117950
on and after August 1, 2003, includes related fees and ancillary	117951
services, including universal service fees, detailed billing	117952
service, directory assistance, service initiation, voice mail	117953
service, and vertical services, such as caller ID and three-way	117954
calling.	117955

(WW) "Certified service provider" has the same meaning as in	117956
section 5740.01 of the Revised Code.	117957

(XX) "Satellite broadcasting service" means the distribution	117958
or broadcasting of programming or services by satellite directly	117959
to the subscriber's receiving equipment without the use of ground	117960
receiving or distribution equipment, except the subscriber's	117961
receiving equipment or equipment used in the uplink process to the	117962
satellite, and includes all service and rental charges, premium	117963
channels or other special services, installation and repair	117964
service charges, and any other charges having any connection with	117965
the provision of the satellite broadcasting service.	117966

(YY) "Tangible personal property" means personal property	117967
that can be seen, weighed, measured, felt, or touched, or that is	117968
in any other manner perceptible to the senses. For purposes of	117969
this chapter and Chapter 5741. of the Revised Code, "tangible	117970
personal property" includes motor vehicles, electricity, water,	117971
gas, steam, and prewritten computer software.	117972

(ZZ) "Direct mail" means printed material delivered or	117973
distributed by United States mail or other delivery service to a	117974
mass audience or to addressees on a mailing list provided by the	117975
consumer or at the direction of the consumer when the cost of the	117976
items are not billed directly to the recipients. "Direct mail"	117977
includes tangible personal property supplied directly or	117978
indirectly by the consumer to the direct mail vendor for inclusion	117979
in the package containing the printed material. "Direct mail" does	117980
not include multiple items of printed material delivered to a	117981
single address.	117982

(AAA) "Computer" means an electronic device that accepts	117983
information in digital or similar form and manipulates it for a	117984
result based on a sequence of instructions.	117985

(BBB) "Computer software" means a set of coded instructions	117986
designed to cause a computer or automatic data processing	117987
equipment to perform a task.	117988

(CCC) "Delivered electronically" means delivery of computer	117989
software from the seller to the purchaser by means other than	117990
tangible storage media.	117991

(DDD) "Prewritten computer software" means computer software,	117992
including prewritten upgrades, that is not designed and developed	117993
by the author or other creator to the specifications of a specific	117994
purchaser. The combining of two or more prewritten computer	117995
software programs or prewritten portions thereof does not cause	117996
the combination to be other than prewritten computer software.	117997
"Prewritten computer software" includes software designed and	117998
developed by the author or other creator to the specifications of	117999
a specific purchaser when it is sold to a person other than the	118000
purchaser. If a person modifies or enhances computer software of	118001
which the person is not the author or creator, the person shall be	118002
deemed to be the author or creator only of such person's	118003
modifications or enhancements. Prewritten computer software or a	118004
prewritten portion thereof that is modified or enhanced to any	118005
degree, where such modification or enhancement is designed and	118006
developed to the specifications of a specific purchaser, remains	118007
prewritten computer software; provided, however, that where there	118008
is a reasonable, separately stated charge or an invoice or other	118009
statement of the price given to the purchaser for the modification	118010
or enhancement, the modification or enhancement shall not	118011
constitute prewritten computer software.	118012

(EEE)(1) "Food" means substances, whether in liquid,	118013
concentrated, solid, frozen, dried, or dehydrated form, that are	118014
sold for ingestion or chewing by humans and are consumed for their	118015
taste or nutritional value. "Food" does not include alcoholic	118016
beverages, dietary supplements, soft drinks, or tobacco.	118017

(2) As used in division (EEE)(1) of this section:

118018

(a) "Alcoholic beverages" means beverages that are suitable	118019
for human consumption and contain one-half of one per cent or more	118020
of alcohol by volume.	118021

(b) "Dietary supplements" means any product, other than	118022
tobacco, that is intended to supplement the diet and that is	118023
intended for ingestion in tablet, capsule, powder, softgel,	118024
gelcap, or liquid form, or, if not intended for ingestion in such	118025
a form, is not represented as conventional food for use as a sole	118026
item of a meal or of the diet; that is required to be labeled as a	118027
dietary supplement, identifiable by the "supplement facts" box	118028
found on the label, as required by 21 C.F.R. 101.36; and that	118029
contains one or more of the following dietary ingredients:	118030

(i) A vitamin;

118031

(ii) A mineral;

118032

(iii) An herb or other botanical;

118033

(iv) An amino acid;

118034

(v) A dietary substance for use by humans to supplement the	118035
diet by increasing the total dietary intake;	118036

(vi) A concentrate, metabolite, constituent, extract, or	118037
combination of any ingredient described in divisions	118038
(EEE)(2)(b)(i) to (v) of this section.	118039

(c) "Soft drinks" means nonalcoholic beverages that contain	118040
natural or artificial sweeteners. "Soft drinks" does not include	118041
beverages that contain milk or milk products, soy, rice, or	118042
similar milk substitutes, or that contains greater than fifty per	118043
cent vegetable or fruit juice by volume.	118044

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	118045
tobacco, or any other item that contains tobacco.	118046

(FFF) "Drug" means a compound, substance, or preparation, and	118047
any component of a compound, substance, or preparation, other than	118048
food, dietary supplements, or alcoholic beverages that is	118049
recognized in the official United States pharmacopoeia, official	118050
homeopathic pharmacopoeia of the United States, or official	118051
national formulary, and supplements to them; is intended for use	118052
in the diagnosis, cure, mitigation, treatment, or prevention of	118053
disease; or is intended to affect the structure or any function of	118054
the body.	118055

(GGG) "Prescription" means an order, formula, or recipe	118056
issued in any form of oral, written, electronic, or other means of	118057
transmission by a duly licensed practitioner authorized by the	118058
laws of this state to issue a prescription.	118059

(HHH) "Durable medical equipment" means equipment, including	118060
repair and replacement parts for such equipment, that can	118061
withstand repeated use, is primarily and customarily used to serve	118062
a medical purpose, generally is not useful to a person in the	118063
absence of illness or injury, and is not worn in or on the body.	118064
"Durable medical equipment" does not include mobility enhancing	118065
equipment.	118066

(III) "Mobility enhancing equipment" means equipment,	118067
including repair and replacement parts for such equipment, that is	118068
primarily and customarily used to provide or increase the ability	118069
to move from one place to another and is appropriate for use	118070
either in a home or a motor vehicle, that is not generally used by	118071
persons with normal mobility, and that does not include any motor	118072
vehicle or equipment on a motor vehicle normally provided by a	118073
motor vehicle manufacturer. "Mobility enhancing equipment" does	118074
not include durable medical equipment.	118075

(JJJ) "Prosthetic device" means a replacement, corrective, or	118076
supportive device, including repair and replacement parts for the	118077
device, worn on or in the human body to artificially replace a	118078
missing portion of the body, prevent or correct physical deformity	118079
or malfunction, or support a weak or deformed portion of the body.	118080
As used in this division, "prosthetic device" does not include	118081
corrective eyeglasses, contact lenses, or dental prosthesis.	118082

(KKK)(1) "Fractional aircraft ownership program" means a	118083
program in which persons within an affiliated group sell and	118084
manage fractional ownership program aircraft, provided that at	118085
least one hundred airworthy aircraft are operated in the program	118086
and the program meets all of the following criteria:	118087

(a) Management services are provided by at least one program	118088
manager within an affiliated group on behalf of the fractional	118089
owners.	118090

(b) Each program aircraft is owned or possessed by at least	118091
one fractional owner.	118092

(c) Each fractional owner owns or possesses at least a	118093
one-sixteenth interest in at least one fixed-wing program	118094
aircraft.	118095

(d) A dry-lease aircraft interchange arrangement is in	118096
effect among all of the fractional owners.	118097

(e) Multi-year program agreements are in effect regarding the	118098
fractional ownership, management services, and dry-lease aircraft	118099
interchange arrangement aspects of the program.	118100

(2) As used in division (KKK)(1) of this section:

118101

(a) "Affiliated group" has the same meaning as in division	118102
(B)(3)(e) of this section.	118103

(b) "Fractional owner" means a person that owns or possesses	118104
at least a one-sixteenth interest in a program aircraft and has	118105
entered into the agreements described in division (KKK)(1)(e) of	118106
this section.	118107

(c) "Fractional ownership program aircraft" or "program	118108
aircraft" means a turbojet aircraft that is owned or possessed by	118109
a fractional owner and that has been included in a dry-lease	118110
aircraft interchange arrangement and agreement under divisions	118111
(KKK)(1)(d) and (e) of this section, or an aircraft a program	118112
manager owns or possesses primarily for use in a fractional	118113
aircraft ownership program.	118114

(d) "Management services" means administrative and aviation	118115
support services furnished under a fractional aircraft ownership	118116
program in accordance with a management services agreement under	118117
division (KKK)(1)(e) of this section, and offered by the program	118118
manager to the fractional owners, including, at a minimum, the	118119
establishment and implementation of safety guidelines; the	118120
coordination of the scheduling of the program aircraft and crews;	118121
program aircraft maintenance; program aircraft insurance; crew	118122
training for crews employed, furnished, or contracted by the	118123
program manager or the fractional owner; the satisfaction of	118124
record-keeping requirements; and the development and use of an	118125
operations manual and a maintenance manual for the fractional	118126
aircraft ownership program.	118127

(e) "Program manager" means the person that offers management	118128
services to fractional owners pursuant to a management services	118129
agreement under division (KKK)(1)(e) of this section.	118130

(LLL) "Electronic publishing" means providing access to one	118131
or more of the following primarily for business customers,	118132
including the federal government or a state government or a	118133
political subdivision thereof, to conduct research: news;	118134
business, financial, legal, consumer, or credit materials;	118135
editorials, columns, reader commentary, or features; photos or	118136
images; archival or research material; legal notices, identity	118137
verification, or public records; scientific, educational,	118138
instructional, technical, professional, trade, or other literary	118139
materials; or other similar information which has been gathered	118140
and made available by the provider to the consumer in an	118141
electronic format. Providing electronic publishing includes the	118142
functions necessary for the acquisition, formatting, editing,	118143
storage, and dissemination of data or information that is the	118144
subject of a sale.	118145

(MMM) "Medicaid health insuring corporation" means a health	118146
insuring corporation that holds a certificate of authority under	118147
Chapter 1751. of the Revised Code and is under contract with the	118148
department of job and family services pursuant to section 5111.17	118149
of the Revised Code.	118150

(NNN) "Managed care premium" means any premium, capitation,	118151
or other payment a medicaid health insuring corporation receives	118152
for providing or arranging for the provision of health care	118153
services to its members or enrollees residing in this state.	118154

Sec. 5739.02. For the purpose of providing revenue with	118155
which to meet the needs of the state, for the use of the general	118156
revenue fund of the state, for the purpose of securing a thorough	118157
and efficient system of common schools throughout the state, for	118158
the purpose of affording revenues, in addition to those from	118159
general property taxes, permitted under constitutional	118160
limitations, and from other sources, for the support of local	118161
governmental functions, and for the purpose of reimbursing the	118162
state for the expense of administering this chapter, an excise tax	118163
is hereby levied on each retail sale made in this state.	118164

(A)(1) The tax shall be collected as provided in section	118165
5739.025 of the Revised Code. The rate of the tax shall be five	118166
and one-half per cent. The tax applies and is collectible when	118167
the sale is made, regardless of the time when the price is paid	118168
or delivered.	118169

(2) In the case of the lease or rental, with a fixed term of	118170
more than thirty days or an indefinite term with a minimum period	118171
of more than thirty days, of any motor vehicles designed by the	118172
manufacturer to carry a load of not more than one ton, watercraft,	118173
outboard motor, or aircraft, or of any tangible personal property,	118174
other than motor vehicles designed by the manufacturer to carry a	118175
load of more than one ton, to be used by the lessee or renter	118176
primarily for business purposes, the tax shall be collected by the	118177
vendor at the time the lease or rental is consummated and shall be	118178
calculated by the vendor on the basis of the total amount to be	118179
paid by the lessee or renter under the lease agreement. If the	118180
total amount of the consideration for the lease or rental includes	118181
amounts that are not calculated at the time the lease or rental is	118182
executed, the tax shall be calculated and collected by the vendor	118183
at the time such amounts are billed to the lessee or renter. In	118184
the case of an open-end lease or rental, the tax shall be	118185
calculated by the vendor on the basis of the total amount to be	118186
paid during the initial fixed term of the lease or rental, and for	118187
each subsequent renewal period as it comes due. As used in this	118188
division, "motor vehicle" has the same meaning as in section	118189
4501.01 of the Revised Code, and "watercraft" includes an outdrive	118190
unit attached to the watercraft.	118191

A lease with a renewal clause and a termination penalty or	118192
similar provision that applies if the renewal clause is not	118193
exercised is presumed to be a sham transaction. In such a case,	118194
the tax shall be calculated and paid on the basis of the entire	118195
length of the lease period, including any renewal periods, until	118196
the termination penalty or similar provision no longer applies.	118197
The taxpayer shall bear the burden, by a preponderance of the	118198
evidence, that the transaction or series of transactions is not a	118199
sham transaction.	118200

(3) Except as provided in division (A)(2) of this section, in	118201
the case of a sale, the price of which consists in whole or in	118202
part of the lease or rental of tangible personal property, the tax	118203
shall be measured by the installments of that lease or rental.	118204

(4) In the case of a sale of a physical fitness facility	118205
service or recreation and sports club service, the price of which	118206
consists in whole or in part of a membership for the receipt of	118207
the benefit of the service, the tax applicable to the sale shall	118208
be measured by the installments thereof.	118209

(B) The tax does not apply to the following:

118210

(1) Sales to the state or any of its political subdivisions,	118211
or to any other state or its political subdivisions if the laws of	118212
that state exempt from taxation sales made to this state and its	118213
political subdivisions;	118214

(2) Sales of food for human consumption off the premises	118215
where sold;	118216

(3) Sales of food sold to students only in a cafeteria,	118217
dormitory, fraternity, or sorority maintained in a private,	118218
public, or parochial school, college, or university;	118219

(4) Sales of newspapers and of magazine subscriptions and	118220
sales or transfers of magazines distributed as controlled	118221
circulation publications;	118222

(5) The furnishing, preparing, or serving of meals without	118223
charge by an employer to an employee provided the employer records	118224
the meals as part compensation for services performed or work	118225
done;	118226

(6) Sales of motor fuel upon receipt, use, distribution, or	118227
sale of which in this state a tax is imposed by the law of this	118228
state, but this exemption shall not apply to the sale of motor	118229
fuel on which a refund of the tax is allowable under division (A)	118230
of section 5735.14 of the Revised Code; and the tax commissioner	118231
may deduct the amount of tax levied by this section applicable to	118232
the price of motor fuel when granting a refund of motor fuel tax	118233
pursuant to division (A) of section 5735.14 of the Revised Code	118234
and shall cause the amount deducted to be paid into the general	118235
revenue fund of this state;	118236

(7) Sales of natural gas by a natural gas company, of water	118237
by a water-works company, or of steam by a heating company, if in	118238
each case the thing sold is delivered to consumers through pipes	118239
or conduits, and all sales of communications services by a	118240
telegraph company, all terms as defined in section 5727.01 of the	118241
Revised Code, and sales of electricity delivered through wires;	118242

(8) Casual sales by a person, or auctioneer employed directly	118243
by the person to conduct such sales, except as to such sales of	118244
motor vehicles, watercraft or outboard motors required to be	118245
titled under section 1548.06 of the Revised Code, watercraft	118246
documented with the United States coast guard, snowmobiles, and	118247
all-purpose vehicles as defined in section 4519.01 of the Revised	118248
Code;	118249

(9)(a) Sales of services or tangible personal property, other	118250
than motor vehicles, mobile homes, and manufactured homes, by	118251
churches, organizations exempt from taxation under section	118252
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	118253
organizations operated exclusively for charitable purposes as	118254
defined in division (B)(12) of this section, provided that the	118255
number of days on which such tangible personal property or	118256
services, other than items never subject to the tax, are sold does	118257
not exceed six in any calendar year, except as otherwise provided	118258
in division (B)(9)(b) of this section. If the number of days on	118259
which such sales are made exceeds six in any calendar year, the	118260
church or organization shall be considered to be engaged in	118261
business and all subsequent sales by it shall be subject to the	118262
tax. In counting the number of days, all sales by groups within a	118263
church or within an organization shall be considered to be sales	118264
of that church or organization.	118265

(b) The limitation on the number of days on which tax-exempt	118266
sales may be made by a church or organization under division	118267
(B)(9)(a) of this section does not apply to sales made by student	118268
clubs and other groups of students of a primary or secondary	118269
school, or a parent-teacher association, booster group, or similar	118270
organization that raises money to support or fund curricular or	118271
extracurricular activities of a primary or secondary school.	118272

(c) Divisions (B)(9)(a) and (b) of this section do not apply	118273
to sales by a noncommercial educational radio or television	118274
broadcasting station.	118275

(10) Sales not within the taxing power of this state under	118276
the Constitution of the United States;	118277

(11) Except for transactions that are sales under division	118278
(B)(3)(r) of section 5739.01 of the Revised Code, the	118279
transportation of persons or property, unless the transportation	118280
is by a private investigation and security service;	118281

(12) Sales of tangible personal property or services to	118282
churches, to organizations exempt from taxation under section	118283
501(c)(3) of the Internal Revenue Code of 1986, and to any other	118284
nonprofit organizations operated exclusively for charitable	118285
purposes in this state, no part of the net income of which inures	118286
to the benefit of any private shareholder or individual, and no	118287
substantial part of the activities of which consists of carrying	118288
on propaganda or otherwise attempting to influence legislation;	118289
sales to offices administering one or more homes for the aged or	118290
one or more hospital facilities exempt under section 140.08 of the	118291
Revised Code; and sales to organizations described in division (D)	118292
of section 5709.12 of the Revised Code.	118293

"Charitable purposes" means the relief of poverty; the	118294
improvement of health through the alleviation of illness, disease,	118295
or injury; the operation of an organization exclusively for the	118296
provision of professional, laundry, printing, and purchasing	118297
services to hospitals or charitable institutions; the operation of	118298
a home for the aged, as defined in section 5701.13 of the Revised	118299
Code; the operation of a radio or television broadcasting station	118300
that is licensed by the federal communications commission as a	118301
noncommercial educational radio or television station; the	118302
operation of a nonprofit animal adoption service or a county	118303
humane society; the promotion of education by an institution of	118304
learning that maintains a faculty of qualified instructors,	118305
teaches regular continuous courses of study, and confers a	118306
recognized diploma upon completion of a specific curriculum; the	118307
operation of a parent-teacher association, booster group, or	118308
similar organization primarily engaged in the promotion and	118309
support of the curricular or extracurricular activities of a	118310
primary or secondary school; the operation of a community or area	118311
center in which presentations in music, dramatics, the arts, and	118312
related fields are made in order to foster public interest and	118313
education therein; the production of performances in music,	118314
dramatics, and the arts; or the promotion of education by an	118315
organization engaged in carrying on research in, or the	118316
dissemination of, scientific and technological knowledge and	118317
information primarily for the public.	118318

Nothing in this division shall be deemed to exempt sales to	118319
any organization for use in the operation or carrying on of a	118320
trade or business, or sales to a home for the aged for use in the	118321
operation of independent living facilities as defined in division	118322
(A) of section 5709.12 of the Revised Code.	118323

(13) Building and construction materials and services sold to	118324
construction contractors for incorporation into a structure or	118325
improvement to real property under a construction contract with	118326
this state or a political subdivision of this state, or with the	118327
United States government or any of its agencies; building and	118328
construction materials and services sold to construction	118329
contractors for incorporation into a structure or improvement to	118330
real property that are accepted for ownership by this state or any	118331
of its political subdivisions, or by the United States government	118332
or any of its agencies at the time of completion of the structures	118333
or improvements; building and construction materials sold to	118334
construction contractors for incorporation into a horticulture	118335
structure or livestock structure for a person engaged in the	118336
business of horticulture or producing livestock; building	118337
materials and services sold to a construction contractor for	118338
incorporation into a house of public worship or religious	118339
education, or a building used exclusively for charitable purposes	118340
under a construction contract with an organization whose purpose	118341
is as described in division (B)(12) of this section; building	118342
materials and services sold to a construction contractor for	118343
incorporation into a building under a construction contract with	118344
an organization exempt from taxation under section 501(c)(3) of	118345
the Internal Revenue Code of 1986 when the building is to be used	118346
exclusively for the organization's exempt purposes; building and	118347
construction materials sold for incorporation into the original	118348
construction of a sports facility under section 307.696 of the	118349
Revised Code; and building and construction materials and services	118350
sold to a construction contractor for incorporation into real	118351
property outside this state if such materials and services, when	118352
sold to a construction contractor in the state in which the real	118353
property is located for incorporation into real property in that	118354
state, would be exempt from a tax on sales levied by that state;	118355

(14) Sales of ships or vessels or rail rolling stock used or	118356
to be used principally in interstate or foreign commerce, and	118357
repairs, alterations, fuel, and lubricants for such ships or	118358
vessels or rail rolling stock;	118359

(15) Sales to persons primarily engaged in any of the	118360
activities mentioned in division (B)(42)(a) or (g) of this	118361
section, to persons engaged in making retail sales, or to persons	118362
who purchase for sale from a manufacturer tangible personal	118363
property that was produced by the manufacturer in accordance with	118364
specific designs provided by the purchaser, of packages, including	118365
material, labels, and parts for packages, and of machinery,	118366
equipment, and material for use primarily in packaging tangible	118367
personal property produced for sale, including any machinery,	118368
equipment, and supplies used to make labels or packages, to	118369
prepare packages or products for labeling, or to label packages or	118370
products, by or on the order of the person doing the packaging, or	118371
sold at retail. "Packages" includes bags, baskets, cartons,	118372
crates, boxes, cans, bottles, bindings, wrappings, and other	118373
similar devices and containers, but does not include motor	118374
vehicles or bulk tanks, trailers, or similar devices attached to	118375
motor vehicles. "Packaging" means placing in a package. Division	118376
(B)(15) of this section does not apply to persons engaged in	118377
highway transportation for hire.	118378

(16) Sales of food to persons using ~~food stamp~~supplemental	118379
nutrition assistance program benefits to purchase the food. As	118380
used in this division, "food" has the same meaning as in ~~the~~	118381
~~"Food Stamp Act of 1977," 91 Stat. 958,~~ 7 U.S.C. 2012~~, as~~	118382
~~amended,~~ and federal regulations adopted pursuant to ~~that act~~the	118383
Food and Nutrition Act of 2008.	118384

(17) Sales to persons engaged in farming, agriculture,	118385
horticulture, or floriculture, of tangible personal property for	118386
use or consumption directly in the production by farming,	118387
agriculture, horticulture, or floriculture of other tangible	118388
personal property for use or consumption directly in the	118389
production of tangible personal property for sale by farming,	118390
agriculture, horticulture, or floriculture; or material and parts	118391
for incorporation into any such tangible personal property for use	118392
or consumption in production; and of tangible personal property	118393
for such use or consumption in the conditioning or holding of	118394
products produced by and for such use, consumption, or sale by	118395
persons engaged in farming, agriculture, horticulture, or	118396
floriculture, except where such property is incorporated into real	118397
property;	118398

(18) Sales of drugs for a human being that may be dispensed	118399
only pursuant to a prescription; insulin as recognized in the	118400
official United States pharmacopoeia; urine and blood testing	118401
materials when used by diabetics or persons with hypoglycemia to	118402
test for glucose or acetone; hypodermic syringes and needles when	118403
used by diabetics for insulin injections; epoetin alfa when	118404
purchased for use in the treatment of persons with medical	118405
disease; hospital beds when purchased by hospitals, nursing homes,	118406
or other medical facilities; and medical oxygen and medical	118407
oxygen-dispensing equipment when purchased by hospitals, nursing	118408
homes, or other medical facilities;	118409

(19) Sales of prosthetic devices, durable medical equipment	118410
for home use, or mobility enhancing equipment, when made pursuant	118411
to a prescription and when such devices or equipment are for use	118412
by a human being.	118413

(20) Sales of emergency and fire protection vehicles and	118414
equipment to nonprofit organizations for use solely in providing	118415
fire protection and emergency services, including trauma care and	118416
emergency medical services, for political subdivisions of the	118417
state;	118418

(21) Sales of tangible personal property manufactured in this	118419
state, if sold by the manufacturer in this state to a retailer for	118420
use in the retail business of the retailer outside of this state	118421
and if possession is taken from the manufacturer by the purchaser	118422
within this state for the sole purpose of immediately removing the	118423
same from this state in a vehicle owned by the purchaser;	118424

(22) Sales of services provided by the state or any of its	118425
political subdivisions, agencies, instrumentalities, institutions,	118426
or authorities, or by governmental entities of the state or any of	118427
its political subdivisions, agencies, instrumentalities,	118428
institutions, or authorities;	118429

(23) Sales of motor vehicles to nonresidents of this state	118430
under the circumstances described in division (B) of section	118431
5739.029 of the Revised Code;	118432

(24) Sales to persons engaged in the preparation of eggs for	118433
sale of tangible personal property used or consumed directly in	118434
such preparation, including such tangible personal property used	118435
for cleaning, sanitizing, preserving, grading, sorting, and	118436
classifying by size; packages, including material and parts for	118437
packages, and machinery, equipment, and material for use in	118438
packaging eggs for sale; and handling and transportation equipment	118439
and parts therefor, except motor vehicles licensed to operate on	118440
public highways, used in intraplant or interplant transfers or	118441
shipment of eggs in the process of preparation for sale, when the	118442
plant or plants within or between which such transfers or	118443
shipments occur are operated by the same person. "Packages"	118444
includes containers, cases, baskets, flats, fillers, filler flats,	118445
cartons, closure materials, labels, and labeling materials, and	118446
"packaging" means placing therein.	118447

(25)(a) Sales of water to a consumer for residential use,	118448
except the sale of bottled water, distilled water, mineral water,	118449
carbonated water, or ice;	118450

(b) Sales of water by a nonprofit corporation engaged	118451
exclusively in the treatment, distribution, and sale of water to	118452
consumers, if such water is delivered to consumers through pipes	118453
or tubing.	118454

(26) Fees charged for inspection or reinspection of motor	118455
vehicles under section 3704.14 of the Revised Code;	118456

(27) Sales to persons licensed to conduct a food service	118457
operation pursuant to section 3717.43 of the Revised Code, of	118458
tangible personal property primarily used directly for the	118459
following:	118460

(a) To prepare food for human consumption for sale;

118461

(b) To preserve food that has been or will be prepared for	118462
human consumption for sale by the food service operator, not	118463
including tangible personal property used to display food for	118464
selection by the consumer;	118465

(c) To clean tangible personal property used to prepare or	118466
serve food for human consumption for sale.	118467

(28) Sales of animals by nonprofit animal adoption services	118468
or county humane societies;	118469

(29) Sales of services to a corporation described in division	118470
(A) of section 5709.72 of the Revised Code, and sales of tangible	118471
personal property that qualifies for exemption from taxation under	118472
section 5709.72 of the Revised Code;	118473

(30) Sales and installation of agricultural land tile, as	118474
defined in division (B)(5)(a) of section 5739.01 of the Revised	118475
Code;	118476

(31) Sales and erection or installation of portable grain	118477
bins, as defined in division (B)(5)(b) of section 5739.01 of the	118478
Revised Code;	118479

(32) The sale, lease, repair, and maintenance of, parts for,	118480
or items attached to or incorporated in, motor vehicles that are	118481
primarily used for transporting tangible personal property	118482
belonging to others by a person engaged in highway transportation	118483
for hire, except for packages and packaging used for the	118484
transportation of tangible personal property;	118485

(33) Sales to the state headquarters of any veterans'	118486
organization in this state that is either incorporated and issued	118487
a charter by the congress of the United States or is recognized by	118488
the United States veterans administration, for use by the	118489
headquarters;	118490

(34) Sales to a telecommunications service vendor, mobile	118491
telecommunications service vendor, or satellite broadcasting	118492
service vendor of tangible personal property and services used	118493
directly and primarily in transmitting, receiving, switching, or	118494
recording any interactive, one- or two-way electromagnetic	118495
communications, including voice, image, data, and information,	118496
through the use of any medium, including, but not limited to,	118497
poles, wires, cables, switching equipment, computers, and record	118498
storage devices and media, and component parts for the tangible	118499
personal property. The exemption provided in this division shall	118500
be in lieu of all other exemptions under division (B)(42)(a) of	118501
this section to which the vendor may otherwise be entitled, based	118502
upon the use of the thing purchased in providing the	118503
telecommunications, mobile telecommunications, or satellite	118504
broadcasting service.	118505

(35)(a) Sales where the purpose of the consumer is to use or	118506
consume the things transferred in making retail sales and	118507
consisting of newspaper inserts, catalogues, coupons, flyers, gift	118508
certificates, or other advertising material that prices and	118509
describes tangible personal property offered for retail sale.	118510

(b) Sales to direct marketing vendors of preliminary	118511
materials such as photographs, artwork, and typesetting that will	118512
be used in printing advertising material; of printed matter that	118513
offers free merchandise or chances to win sweepstake prizes and	118514
that is mailed to potential customers with advertising material	118515
described in division (B)(35)(a) of this section; and of equipment	118516
such as telephones, computers, facsimile machines, and similar	118517
tangible personal property primarily used to accept orders for	118518
direct marketing retail sales.	118519

(c) Sales of automatic food vending machines that preserve	118520
food with a shelf life of forty-five days or less by refrigeration	118521
and dispense it to the consumer.	118522

For purposes of division (B)(35) of this section, "direct	118523
marketing" means the method of selling where consumers order	118524
tangible personal property by United States mail, delivery	118525
service, or telecommunication and the vendor delivers or ships the	118526
tangible personal property sold to the consumer from a warehouse,	118527
catalogue distribution center, or similar fulfillment facility by	118528
means of the United States mail, delivery service, or common	118529
carrier.	118530

(36) Sales to a person engaged in the business of	118531
horticulture or producing livestock of materials to be	118532
incorporated into a horticulture structure or livestock structure;	118533

(37) Sales of personal computers, computer monitors, computer	118534
keyboards, modems, and other peripheral computer equipment to an	118535
individual who is licensed or certified to teach in an elementary	118536
or a secondary school in this state for use by that individual in	118537
preparation for teaching elementary or secondary school students;	118538

(38) Sales to a professional racing team of any of the	118539
following:	118540

(a) Motor racing vehicles;

118541

(b) Repair services for motor racing vehicles;

118542

(c) Items of property that are attached to or incorporated in	118543
motor racing vehicles, including engines, chassis, and all other	118544
components of the vehicles, and all spare, replacement, and	118545
rebuilt parts or components of the vehicles; except not including	118546
tires, consumable fluids, paint, and accessories consisting of	118547
instrumentation sensors and related items added to the vehicle to	118548
collect and transmit data by means of telemetry and other forms of	118549
communication.	118550

(39) Sales of used manufactured homes and used mobile homes,	118551
as defined in section 5739.0210 of the Revised Code, made on or	118552
after January 1, 2000;	118553

(40) Sales of tangible personal property and services to a	118554
provider of electricity used or consumed directly and primarily in	118555
generating, transmitting, or distributing electricity for use by	118556
others, including property that is or is to be incorporated into	118557
and will become a part of the consumer's production, transmission,	118558
or distribution system and that retains its classification as	118559
tangible personal property after incorporation; fuel or power used	118560
in the production, transmission, or distribution of electricity;	118561
and tangible personal property and services used in the repair and	118562
maintenance of the production, transmission, or distribution	118563
system, including only those motor vehicles as are specially	118564
designed and equipped for such use. The exemption provided in this	118565
division shall be in lieu of all other exemptions in division	118566
(B)(42)(a) of this section to which a provider of electricity may	118567
otherwise be entitled based on the use of the tangible personal	118568
property or service purchased in generating, transmitting, or	118569
distributing electricity.	118570

(41) Sales to a person providing services under division	118571
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	118572
personal property and services used directly and primarily in	118573
providing taxable services under that section.	118574

(42) Sales where the purpose of the purchaser is to do any of	118575
the following:	118576

(a) To incorporate the thing transferred as a material or a	118577
part into tangible personal property to be produced for sale by	118578
manufacturing, assembling, processing, or refining; or to use or	118579
consume the thing transferred directly in producing tangible	118580
personal property for sale by mining, including, without	118581
limitation, the extraction from the earth of all substances that	118582
are classed geologically as minerals, production of crude oil and	118583
natural gas, farming, agriculture, horticulture, or floriculture,	118584
or directly in the rendition of a public utility service, except	118585
that the sales tax levied by this section shall be collected upon	118586
all meals, drinks, and food for human consumption sold when	118587
transporting persons. Persons engaged in rendering farming,	118588
agricultural, horticultural, or floricultural services, and	118589
services in the exploration for, and production of, crude oil and	118590
natural gas, for others are deemed engaged directly in farming,	118591
agriculture, horticulture, and floriculture, or exploration for,	118592
and production of, crude oil and natural gas. This paragraph does	118593
not exempt from "retail sale" or "sales at retail" the sale of	118594
tangible personal property that is to be incorporated into a	118595
structure or improvement to real property.	118596

(b) To hold the thing transferred as security for the	118597
performance of an obligation of the vendor;	118598

(c) To resell, hold, use, or consume the thing transferred as	118599
evidence of a contract of insurance;	118600

(d) To use or consume the thing directly in commercial	118601
fishing;	118602

(e) To incorporate the thing transferred as a material or a	118603
part into, or to use or consume the thing transferred directly in	118604
the production of, magazines distributed as controlled circulation	118605
publications;	118606

(f) To use or consume the thing transferred in the production	118607
and preparation in suitable condition for market and sale of	118608
printed, imprinted, overprinted, lithographic, multilithic,	118609
blueprinted, photostatic, or other productions or reproductions of	118610
written or graphic matter;	118611

(g) To use the thing transferred, as described in section	118612
5739.011 of the Revised Code, primarily in a manufacturing	118613
operation to produce tangible personal property for sale;	118614

(h) To use the benefit of a warranty, maintenance or service	118615
contract, or similar agreement, as described in division (B)(7) of	118616
section 5739.01 of the Revised Code, to repair or maintain	118617
tangible personal property, if all of the property that is the	118618
subject of the warranty, contract, or agreement would not be	118619
subject to the tax imposed by this section;	118620

(i) To use the thing transferred as qualified research and	118621
development equipment;	118622

(j) To use or consume the thing transferred primarily in	118623
storing, transporting, mailing, or otherwise handling purchased	118624
sales inventory in a warehouse, distribution center, or similar	118625
facility when the inventory is primarily distributed outside this	118626
state to retail stores of the person who owns or controls the	118627
warehouse, distribution center, or similar facility, to retail	118628
stores of an affiliated group of which that person is a member, or	118629
by means of direct marketing. This division does not apply to	118630
motor vehicles registered for operation on the public highways. As	118631
used in this division, "affiliated group" has the same meaning as	118632
in division (B)(3)(e) of section 5739.01 of the Revised Code and	118633
"direct marketing" has the same meaning as in division (B)(35) of	118634
this section.	118635

(k) To use or consume the thing transferred to fulfill a	118636
contractual obligation incurred by a warrantor pursuant to a	118637
warranty provided as a part of the price of the tangible personal	118638
property sold or by a vendor of a warranty, maintenance or service	118639
contract, or similar agreement the provision of which is defined	118640
as a sale under division (B)(7) of section 5739.01 of the Revised	118641
Code;	118642

(l) To use or consume the thing transferred in the production	118643
of a newspaper for distribution to the public;	118644

(m) To use tangible personal property to perform a service	118645
listed in division (B)(3) of section 5739.01 of the Revised Code,	118646
if the property is or is to be permanently transferred to the	118647
consumer of the service as an integral part of the performance of	118648
the service;	118649

(n) To use or consume the thing transferred in acquiring,	118650
formatting, editing, storing, and disseminating data or	118651
information by electronic publishing.	118652

As used in division (B)(42) of this section, "thing" includes	118653
all transactions included in divisions (B)(3)(a), (b), and (e) of	118654
section 5739.01 of the Revised Code.	118655

(43) Sales conducted through a coin operated device that	118656
activates vacuum equipment or equipment that dispenses water,	118657
whether or not in combination with soap or other cleaning agents	118658
or wax, to the consumer for the consumer's use on the premises in	118659
washing, cleaning, or waxing a motor vehicle, provided no other	118660
personal property or personal service is provided as part of the	118661
transaction.	118662

(44) Sales of replacement and modification parts for engines,	118663
airframes, instruments, and interiors in, and paint for, aircraft	118664
used primarily in a fractional aircraft ownership program, and	118665
sales of services for the repair, modification, and maintenance of	118666
such aircraft, and machinery, equipment, and supplies primarily	118667
used to provide those services.	118668

(45) Sales of telecommunications service that is used	118669
directly and primarily to perform the functions of a call center.	118670
As used in this division, "call center" means any physical	118671
location where telephone calls are placed or received in high	118672
volume for the purpose of making sales, marketing, customer	118673
service, technical support, or other specialized business	118674
activity, and that employs at least fifty individuals that engage	118675
in call center activities on a full-time basis, or sufficient	118676
individuals to fill fifty full-time equivalent positions.	118677

(46) Sales by a telecommunications service vendor of 900	118678
service to a subscriber. This division does not apply to	118679
information services, as defined in division (FF) of section	118680
5739.01 of the Revised Code.	118681

(47) Sales of value-added non-voice data service. This	118682
division does not apply to any similar service that is not	118683
otherwise a telecommunications service.	118684

(48)(a) Sales of machinery, equipment, and software to a	118685
qualified direct selling entity for use in a warehouse or	118686
distribution center primarily for storing, transporting, or	118687
otherwise handling inventory that is held for sale to independent	118688
salespersons who operate as direct sellers and that is held	118689
primarily for distribution outside this state;	118690

(b) As used in division (B)(48)(a) of this section:

118691

(i) "Direct seller" means a person selling consumer products	118692
to individuals for personal or household use and not from a fixed	118693
retail location, including selling such product at in-home product	118694
demonstrations, parties, and other one-on-one selling.	118695

(ii) "Qualified direct selling entity" means an entity	118696
selling to direct sellers at the time the entity enters into a tax	118697
credit agreement with the tax credit authority pursuant to section	118698
122.17 of the Revised Code, provided that the agreement was	118699
entered into on or after January 1, 2007. Neither contingencies	118700
relevant to the granting of, nor later developments with respect	118701
to, the tax credit shall impair the status of the qualified direct	118702
selling entity under division (B)(48) of this section after	118703
execution of the tax credit agreement by the tax credit authority.	118704

(c) Division (B)(48) of this section is limited to machinery,	118705
equipment, and software first stored, used, or consumed in this	118706
state within the period commencing June 24, 2008, and ending on	118707
the date that is five years after that date.	118708

(49) Sales of materials, parts, equipment, or engines used	118709
in the repair or maintenance of aircraft or avionics systems of	118710
such aircraft, and sales of repair, remodeling, replacement, or	118711
maintenance services in this state performed on aircraft or on	118712
an aircraft's avionics, engine, or component materials or parts.	118713
As used in division (B)(49) of this section, "aircraft" means	118714
aircraft of more than six thousand pounds maximum certified	118715
takeoff weight or used exclusively in general aviation.	118716

(50) Sales of full flight simulators that are used for pilot	118717
or flight-crew training, sales of repair or replacement parts or	118718
components, and sales of repair or maintenance services for such	118719
full flight simulators. "Full flight simulator" means a replica	118720
of a specific type, or make, model, and series of aircraft	118721
cockpit. It includes the assemblage of equipment and computer	118722
programs necessary to represent aircraft operations in ground and	118723
flight conditions, a visual system providing an	118724
out-of-the-cockpit view, and a system that provides cues at	118725
least equivalent to those of a three-degree-of-freedom motion	118726
system, and has the full range of capabilities of the systems	118727
installed in the device as described in appendices A and B of	118728
part 60 of chapter 1 of title 14 of the Code of Federal	118729
Regulations.	118730

(C) For the purpose of the proper administration of this	118731
chapter, and to prevent the evasion of the tax, it is presumed	118732
that all sales made in this state are subject to the tax until the	118733
contrary is established.	118734

(D) The levy of this tax on retail sales of recreation and	118735
sports club service shall not prevent a municipal corporation	118736
from levying any tax on recreation and sports club dues or on any	118737
income generated by recreation and sports club dues.	118738

(E) The tax collected by the vendor from the consumer under	118739
this chapter is not part of the price, but is a tax collection for	118740
the benefit of the state, and of counties levying an additional	118741
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	118742
Code and of transit authorities levying an additional sales tax	118743
pursuant to section 5739.023 of the Revised Code. Except for the	118744
discount authorized under section 5739.12 of the Revised Code and	118745
the effects of any rounding pursuant to section 5703.055 of the	118746
Revised Code, no person other than the state or such a county or	118747
transit authority shall derive any benefit from the collection or	118748
payment of the tax levied by this section or section 5739.021,	118749
5739.023, or 5739.026 of the Revised Code.	118750

Sec. 5739.03. (A) Except as provided in section 5739.05 or	118751
section 5739.051 of the Revised Code, the tax imposed by or	118752
pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	118753
the Revised Code shall be paid by the consumer to the vendor, and	118754
each vendor shall collect from the consumer, as a trustee for the	118755
state of Ohio, the full and exact amount of the tax payable on	118756
each taxable sale, in the manner and at the times provided as	118757
follows:	118758

(1) If the price is, at or prior to the provision of the	118759
service or the delivery of possession of the thing sold to the	118760
consumer, paid in currency passed from hand to hand by the	118761
consumer or the consumer's agent to the vendor or the vendor's	118762
agent, the vendor or the vendor's agent shall collect the tax with	118763
and at the same time as the price;	118764

(2) If the price is otherwise paid or to be paid, the vendor	118765
or the vendor's agent shall, at or prior to the provision of the	118766
service or the delivery of possession of the thing sold to the	118767
consumer, charge the tax imposed by or pursuant to section	118768
5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code to	118769
the account of the consumer, which amount shall be collected by	118770
the vendor from the consumer in addition to the price. Such sale	118771
shall be reported on and the amount of the tax applicable thereto	118772
shall be remitted with the return for the period in which the sale	118773
is made, and the amount of the tax shall become a legal charge in	118774
favor of the vendor and against the consumer.	118775

(B)(1)(a) If any sale is claimed to be exempt under division	118776
(E) of section 5739.01 of the Revised Code or under section	118777
5739.02 of the Revised Code, with the exception of divisions	118778
(B)(1) to (11) or (28) of section 5739.02 of the Revised Code, the	118779
consumer must provide to the vendor, and the vendor must obtain	118780
from the consumer, a certificate specifying the reason that the	118781
sale is not legally subject to the tax. The certificate shall be	118782
in such form, and shall be provided either in a hard copy form or	118783
electronic form, as the tax commissioner prescribes.	118784

(b) A vendor that obtains a fully completed exemption	118785
certificate from a consumer is relieved of liability for	118786
collecting and remitting tax on any sale covered by that	118787
certificate. If it is determined the exemption was improperly	118788
claimed, the consumer shall be liable for any tax due on that sale	118789
under section 5739.02, 5739.021, 5739.023, or 5739.026 or Chapter	118790
5741. of the Revised Code. Relief under this division from	118791
liability does not apply to any of the following:	118792

(i) A vendor that fraudulently fails to collect tax;

118793

(ii) A vendor that solicits consumers to participate in the	118794
unlawful claim of an exemption;	118795

(iii) A vendor that accepts an exemption certificate from a	118796
consumer that claims an exemption based on who purchases or who	118797
sells property or a service, when the subject of the transaction	118798
sought to be covered by the exemption certificate is actually	118799
received by the consumer at a location operated by the vendor in	118800
this state, and this state has posted to its web site an exemption	118801
certificate form that clearly and affirmatively indicates that the	118802
claimed exemption is not available in this state;	118803

(iv) A vendor that accepts an exemption certificate from a	118804
consumer who claims a multiple points of use exemption under	118805
division (D) of section 5739.033 of the Revised Code, if the item	118806
purchased is tangible personal property, other than prewritten	118807
computer software.	118808

(2) The vendor shall maintain records, including exemption	118809
certificates, of all sales on which a consumer has claimed an	118810
exemption, and provide them to the tax commissioner on request.	118811

(3) The tax commissioner may establish an identification	118812
system whereby the commissioner issues an identification number to	118813
a consumer that is exempt from payment of the tax. The consumer	118814
must present the number to the vendor, if any sale is claimed to	118815
be exempt as provided in this section.	118816

(4) If no certificate is provided or obtained within ninety	118817
days after the date on which such sale is consummated, it shall be	118818
presumed that the tax applies. Failure to have so provided or	118819
obtained a certificate shall not preclude a vendor, within one	118820
hundred twenty days after the tax commissioner gives written	118821
notice of intent to levy an assessment, from either establishing	118822
that the sale is not subject to the tax, or obtaining, in good	118823
faith, a fully completed exemption certificate.	118824

(5) Certificates need not be obtained nor provided where the	118825
identity of the consumer is such that the transaction is never	118826
subject to the tax imposed or where the item of tangible personal	118827
property sold or the service provided is never subject to the tax	118828
imposed, regardless of use, or when the sale is in interstate	118829
commerce.	118830

(6) If a transaction is claimed to be exempt under division	118831
(B)(13) of section 5739.02 of the Revised Code, the contractor	118832
shall obtain certification of the claimed exemption from the	118833
contractee. This certification shall be in addition to an	118834
exemption certificate provided by the contractor to the vendor. A	118835
contractee that provides a certification under this division shall	118836
be deemed to be the consumer of all items purchased by the	118837
contractor under the claim of exemption, if it is subsequently	118838
determined that the exemption is not properly claimed. The	118839
certification shall be in such form as the tax commissioner	118840
prescribes.	118841

(C) As used in this division, "contractee" means a person who	118842
seeks to enter or enters into a contract or agreement with a	118843
contractor or vendor for the construction of real property or for	118844
the sale and installation onto real property of tangible personal	118845
property.	118846

Any contractor or vendor may request from any contractee a	118847
certification of what portion of the property to be transferred	118848
under such contract or agreement is to be incorporated into the	118849
realty and what portion will retain its status as tangible	118850
personal property after installation is completed. The contractor	118851
or vendor shall request the certification by certified mail	118852
delivered to the contractee, return receipt requested. Upon	118853
receipt of such request and prior to entering into the contract or	118854
agreement, the contractee shall provide to the contractor or	118855
vendor a certification sufficiently detailed to enable the	118856
contractor or vendor to ascertain the resulting classification of	118857
all materials purchased or fabricated by the contractor or vendor	118858
and transferred to the contractee. This requirement applies to a	118859
contractee regardless of whether the contractee holds a direct	118860
payment permit under section 5739.031 of the Revised Code or	118861
provides to the contractor or vendor an exemption certificate as	118862
provided under this section.	118863

For the purposes of the taxes levied by this chapter and	118864
Chapter 5741. of the Revised Code, the contractor or vendor may in	118865
good faith rely on the contractee's certification. Notwithstanding	118866
division (B) of section 5739.01 of the Revised Code, if the tax	118867
commissioner determines that certain property certified by the	118868
contractee as tangible personal property pursuant to this division	118869
is, in fact, real property, the contractee shall be considered to	118870
be the consumer of all materials so incorporated into that real	118871
property and shall be liable for the applicable tax, and the	118872
contractor or vendor shall be excused from any liability on those	118873
materials.	118874

If a contractee fails to provide such certification upon the	118875
request of the contractor or vendor, the contractor or vendor	118876
shall comply with the provisions of this chapter and Chapter 5741.	118877
of the Revised Code without the certification. If the tax	118878
commissioner determines that such compliance has been performed in	118879
good faith and that certain property treated as tangible personal	118880
property by the contractor or vendor is, in fact, real property,	118881
the contractee shall be considered to be the consumer of all	118882
materials so incorporated into that real property and shall be	118883
liable for the applicable tax, and the construction contractor or	118884
vendor shall be excused from any liability on those materials.	118885

This division does not apply to any contract or agreement	118886
where the tax commissioner determines as a fact that a	118887
certification under this division was made solely on the decision	118888
or advice of the contractor or vendor.	118889

(D) Notwithstanding division (B) of section 5739.01 of the	118890
Revised Code, whenever the total rate of tax imposed under this	118891
chapter is increased after the date after a construction contract	118892
is entered into, the contractee shall reimburse the construction	118893
contractor for any additional tax paid on tangible property	118894
consumed or services received pursuant to the contract.	118895

(E) A vendor who files a petition for reassessment contesting	118896
the assessment of tax on sales for which the vendor obtained no	118897
valid exemption certificates and for which the vendor failed to	118898
establish that the sales were properly not subject to the tax	118899
during the one-hundred-twenty-day period allowed under division	118900
(B) of this section, may present to the tax commissioner	118901
additional evidence to prove that the sales were properly subject	118902
to a claim of exception or exemption. The vendor shall file such	118903
evidence within ninety days of the receipt by the vendor of the	118904
notice of assessment, except that, upon application and for	118905
reasonable cause, the period for submitting such evidence shall be	118906
extended thirty days.	118907

The commissioner shall consider such additional evidence in	118908
reaching the final determination on the assessment and petition	118909
for reassessment.	118910

(F) Whenever a vendor refunds the price, minus any	118911
separately stated delivery charge, of an item of tangible	118912
personal property on which the tax imposed under this chapter has	118913
been paid, the vendor shall also refund the amount of tax paid,	118914
minus the amount of tax attributable to the delivery charge.	118915

Sec. 5739.033. (A) Except as provided in division (B) of	118916
this section, divisions (C) to (I) of this section apply to sales	118917
made on and after January 1, 2008. Any vendor previously required	118918
to comply with divisions (C) to (I) of this section and any	118919
vendor that irrevocably elects to comply with divisions (C) to	118920
(I) of this section for all of the vendor's sales and places of	118921
business in this state shall continue to source its sales under	118922
those divisions.	118923

The amount of tax due pursuant to sections 5739.02, 5739.021,	118924
5739.023, and 5739.026 of the Revised Code is the sum of the taxes	118925
imposed pursuant to those sections at the sourcing location of the	118926
sale as determined under this section or, if applicable, under	118927
division (C) of section 5739.031 or section 5739.034 of the	118928
Revised Code, or at the situs of the sale as determined under	118929
section 5739.035 of the Revised Code. This section applies only to	118930
a vendor's or seller's obligation to collect and remit sales taxes	118931
under section 5739.02, 5739.021, 5739.023, or 5739.026 of the	118932
Revised Code or use taxes under section 5741.02, 5741.021,	118933
5741.022, or 5741.023 of the Revised Code. Division (A) of this	118934
section does not apply in determining the jurisdiction for which	118935
sellers are required to collect the use tax under section 5741.05	118936
of the Revised Code. This section does not affect the obligation	118937
of a consumer to remit use taxes on the storage, use, or other	118938
consumption of tangible personal property or on the benefit	118939
realized of any service provided, to the jurisdiction of that	118940
storage, use, or consumption, or benefit realized.	118941

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

118942

(a) "Delivery sale" means the taxable sale of tangible	118943
personal property or a service that is received by a consumer, or	118944
a donee designated by the consumer, in a taxing jurisdiction that	118945
is not the taxing jurisdiction in which the vendor has a fixed	118946
place of business.	118947

(b) "Agreement" has the same meaning as in section 5740.01 of	118948
the Revised Code.	118949

(c) "Governing board" has the same meaning as in section	118950
5740.02 of the Revised Code.	118951

(2) If the tax commissioner does not make the certification	118952
under section 5740.10 of the Revised Code, a vendor that is not	118953
required by division (A) of this section to situs sales under	118954
divisions (C) to (I) of this section on the date of the	118955
commissioner's certification may continue after that date to	118956
situs its sales under section 5739.035 of the Revised Code unless	118957
it is required, under division (B)(5) of this section, to situs	118958
its sales under divisions (C) to (I) of this section.	118959

(3) Except as otherwise provided in divisions (B)(4) and (5)	118960
of this section, a vendor with total delivery sales within this	118961
state in prior calendar years, beginning with calendar year 2007,	118962
of less than five hundred thousand dollars may situs its sales	118963
under section 5739.035 of the Revised Code.	118964

(4) Once a vendor has total delivery sales in this state of	118965
five hundred thousand dollars or more for a prior calendar year,	118966
the vendor shall source its sales under divisions (C) to (I) of	118967
this section and shall continue to source its sales under those	118968
divisions regardless of the amount of the vendor's total delivery	118969
sales in future years.	118970

(5) A vendor permitted under division (B)(3) of this section	118971
to situs its sales under section 5739.035 of the Revised Code that	118972
fails to provide, absent a clerical error, the notices required	118973
under division (I)(1) of section 5739.035 of the Revised Code	118974
shall situs all subsequent sales as required under divisions (C)	118975
to (I) of this section.	118976

(C) Except for sales, other than leases, of titled motor	118977
vehicles, titled watercraft, or titled outboard motors as provided	118978
in section 5741.05 of the Revised Code, or as otherwise provided	118979
in this section and section 5739.034 of the Revised Code, all	118980
sales shall be sourced as follows:	118981

(1) If the consumer or a donee designated by the consumer	118982
receives tangible personal property or a service at a vendor's	118983
place of business, the sale shall be sourced to that place of	118984
business.	118985

(2) When the tangible personal property or service is not	118986
received at a vendor's place of business, the sale shall be	118987
sourced to the location known to the vendor where the consumer or	118988
the donee designated by the consumer receives the tangible	118989
personal property or service, including the location indicated by	118990
instructions for delivery to the consumer or the consumer's donee.	118991

(3) If divisions (C)(1) and (2) of this section do not apply,	118992
the sale shall be sourced to the location indicated by an address	118993
for the consumer that is available from the vendor's business	118994
records that are maintained in the ordinary course of the	118995
vendor's business, when use of that address does not constitute	118996
bad faith.	118997

(4) If divisions (C)(1), (2), and (3) of this section do not	118998
apply, the sale shall be sourced to the location indicated by an	118999
address for the consumer obtained during the consummation of the	119000
sale, including the address associated with the consumer's payment	119001
instrument, if no other address is available, when use of that	119002
address does not constitute bad faith.	119003

(5) If divisions (C)(1), (2), (3), and (4) of this section do	119004
not apply, including in the circumstance where the vendor is	119005
without sufficient information to apply any of those divisions,	119006
the sale shall be sourced to the address from which tangible	119007
personal property was shipped, or from which the service was	119008
provided, disregarding any location that merely provided the	119009
electronic transfer of the property sold or service provided.	119010

(6) As used in division (C) of this section, "receive" means	119011
taking possession of tangible personal property or making first	119012
use of a service. "Receive" does not include possession by a	119013
shipping company on behalf of a consumer.	119014

(D)(1)(a) Notwithstanding divisions (C)(1) to (5) of this	119015
section, a business consumer that is not a holder of a direct	119016
payment permit granted under section 5739.031 of the Revised Code,	119017
that purchases a digital good, computer software, except computer	119018
software received in person by a business consumer at a vendor's	119019
place of business, or a service, and that knows at the time of	119020
purchase that such digital good, software, or service will be	119021
concurrently available for use in more than one taxing	119022
jurisdiction shall deliver to the vendor in conjunction with its	119023
purchase an exemption certificate claiming multiple points of use,	119024
or shall meet the requirements of division (D)(2) of this section.	119025
On receipt of the exemption certificate claiming multiple points	119026
of use, the vendor is relieved of its obligation to collect, pay,	119027
or remit the tax due, and the business consumer must pay the tax	119028
directly to the state.	119029

(b) A business consumer that delivers the exemption	119030
certificate claiming multiple points of use to a vendor may use	119031
any reasonable, consistent, and uniform method of apportioning the	119032
tax due on the digital good, computer software, or service that is	119033
supported by the consumer's business records as they existed at	119034
the time of the sale. The business consumer shall report and pay	119035
the appropriate tax to each jurisdiction where concurrent use	119036
occurs. The tax due shall be calculated as if the apportioned	119037
amount of the digital good, computer software, or service had been	119038
delivered to each jurisdiction to which the sale is apportioned	119039
under this division.	119040

(c) The exemption certificate claiming multiple points of use	119041
shall remain in effect for all future sales by the vendor to the	119042
business consumer until it is revoked in writing by the business	119043
consumer, except as to the business consumer's specific	119044
apportionment of a subsequent sale under division (D)(1)(b) of	119045
this section and the facts existing at the time of the sale.	119046

(2) When the vendor knows that a digital good, computer	119047
software, or service sold will be concurrently available for use	119048
by the business consumer in more than one jurisdiction, but the	119049
business consumer does not provide an exemption certificate	119050
claiming multiple points of use as required by division (D)(1) of	119051
this section, the vendor may work with the business consumer to	119052
produce the correct apportionment. Governed by the principles of	119053
division (D)(1)(b) of this section, the vendor and business	119054
consumer may use any reasonable, but consistent and uniform,	119055
method of apportionment that is supported by the vendor's and	119056
business consumer's books and records as they exist at the time	119057
the sale is reported for purposes of the taxes levied under this	119058
chapter. If the business consumer certifies to the accuracy of the	119059
apportionment and the vendor accepts the certification, the vendor	119060
shall collect and remit the tax accordingly. In the absence of bad	119061
faith, the vendor is relieved of any further obligation to collect	119062
tax on any transaction where the vendor has collected tax pursuant	119063
to the information certified by the business consumer.	119064

(3) When the vendor knows that the digital good, computer	119065
software, or service will be concurrently available for use in	119066
more than one jurisdiction, and the business consumer does not	119067
have a direct pay permit and does not provide to the vendor an	119068
exemption certificate claiming multiple points of use as required	119069
in division (D)(1) of this section, or certification pursuant to	119070
division (D)(2) of this section, the vendor shall collect and	119071
remit the tax based on division (C) of this section.	119072

(4) Nothing in this section shall limit a person's obligation	119073
for sales or use tax to any state in which a digital good,	119074
computer software, or service is concurrently available for use,	119075
nor limit a person's ability under local, state, or federal law,	119076
to claim a credit for sales or use taxes legally due and paid to	119077
other jurisdictions.	119078

(E) A person who holds a direct payment permit issued under	119079
section 5739.031 of the Revised Code is not required to deliver an	119080
exemption certificate claiming multiple points of use to a vendor.	119081
But such permit holder shall comply with division (D)(2) of this	119082
section in apportioning the tax due on a digital good, computer	119083
software, or a service for use in business that will be	119084
concurrently available for use in more than one taxing	119085
jurisdiction.	119086

(F)(1) Notwithstanding divisions (C)(1) to (5) of this	119087
section, the consumer of direct mail that is not a holder of a	119088
direct payment permit shall provide to the vendor in conjunction	119089
with the sale either an exemption certificate claiming direct mail	119090
prescribed by the tax commissioner, or information to show the	119091
jurisdictions to which the direct mail is delivered to recipients.	119092

(2) Upon receipt of such exemption certificate, the vendor is	119093
relieved of all obligations to collect, pay, or remit the	119094
applicable tax and the consumer is obligated to pay that tax on a	119095
direct pay basis. An exemption certificate claiming direct mail	119096
shall remain in effect for all future sales of direct mail by the	119097
vendor to the consumer until it is revoked in writing.	119098

(3) Upon receipt of information from the consumer showing the	119099
jurisdictions to which the direct mail is delivered to recipients,	119100
the vendor shall collect the tax according to the delivery	119101
information provided by the consumer. In the absence of bad faith,	119102
the vendor is relieved of any further obligation to collect tax on	119103
any transaction where the vendor has collected tax pursuant to the	119104
delivery information provided by the consumer.	119105

(4) If the consumer of direct mail does not have a direct	119106
payment permit and does not provide the vendor with either an	119107
exemption certificate claiming direct mail or delivery information	119108
as required by division (F)(1) of this section, the vendor shall	119109
collect the tax according to division (C)(5) of this section.	119110
Nothing in division (F)(4) of this section shall limit a	119111
consumer's obligation to pay sales or use tax to any state to	119112
which the direct mail is delivered.	119113

(5) If a consumer of direct mail provides the vendor with	119114
documentation of direct payment authority, the consumer shall not	119115
be required to provide an exemption certificate claiming direct	119116
mail or delivery information to the vendor.	119117

(G) If the vendor provides lodging to transient guests as	119118
specified in division (B)(2) of section 5739.01 of the Revised	119119
Code, the sale shall be sourced to the location where the lodging	119120
is located.	119121

(H)(1) As used in this division and division (I) of this	119122
section, "transportation equipment" means any of the following:	119123

(a) Locomotives and railcars that are utilized for the	119124
carriage of persons or property in interstate commerce.	119125

(b) Trucks and truck-tractors with a gross vehicle weight	119126
rating of greater than ten thousand pounds, trailers,	119127
semi-trailers, or passenger buses that are registered through the	119128
international registration plan and are operated under authority	119129
of a carrier authorized and certificated by the United States	119130
department of transportation or another federal authority to	119131
engage in the carriage of persons or property in interstate	119132
commerce.	119133

(c) Aircraft that are operated by air carriers authorized and	119134
certificated by the United States department of transportation or	119135
another federal authority to engage in the carriage of persons or	119136
property in interstate or foreign commerce.	119137

(d) Containers designed for use on and component parts	119138
attached to or secured on the items set forth in division	119139
(H)(1)(a), (b), or (c) of this section.	119140

(2) A sale, lease, or rental of transportation equipment	119141
shall be sourced pursuant to division (C) of this section.	119142

(I)(1) A lease or rental of tangible personal property that	119143
does not require recurring periodic payments shall be sourced	119144
pursuant to division (C) of this section.	119145

(2) A lease or rental of tangible personal property that	119146
requires recurring periodic payments shall be sourced as follows:	119147

(a) In the case of a motor vehicle, other than a motor	119148
vehicle that is transportation equipment, or an aircraft, other	119149
than an aircraft that is transportation equipment, such lease or	119150
rental shall be sourced as follows:	119151

(i) An accelerated tax payment on a lease or rental taxed	119152
pursuant to division (A)(2) of section 5739.02 of the Revised Code	119153
shall be sourced to the primary property location at the time the	119154
lease or rental is consummated. Any subsequent taxable charges on	119155
the lease or rental shall be sourced to the primary property	119156
location for the period in which the charges are incurred.	119157

(ii) For a lease or rental taxed pursuant to division (A)(3)	119158
of section 5739.02 of the Revised Code, each lease or rental	119159
installment shall be sourced to the primary property location for	119160
the period covered by the installment.	119161

(b) In the case of a lease or rental of all other tangible	119162
personal property, other than transportation equipment, such lease	119163
or rental shall be sourced as follows:	119164

(i) An accelerated tax payment on a lease or rental that is	119165
taxed pursuant to division (A)(2) of section 5739.02 of the	119166
Revised Code shall be sourced pursuant to division (C) of this	119167
section at the time the lease or rental is consummated. Any	119168
subsequent taxable charges on the lease or rental shall be sourced	119169
to the primary property location for the period in which the	119170
charges are incurred.	119171

(ii) For a lease or rental that is taxed pursuant to division	119172
(A)(3) of section 5739.02 of the Revised Code, the initial lease	119173
or rental installment shall be sourced pursuant to division (C) of	119174
this section. Each subsequent installment shall be sourced to the	119175
primary property location for the period covered by the	119176
installment.	119177

(3) As used in division (I) of this section, "primary	119178
property location" means an address for tangible personal property	119179
provided by the lessee or renter that is available to the lessor	119180
or owner from its records maintained in the ordinary course of	119181
business, when use of that address does not constitute bad faith.	119182

(J) Sales described in division (B)(11) of section 5739.01	119183
of the Revised Code shall be sourced to the location of the	119184
enrollee for whom a medicaid health insuring corporation receives	119185
managed care premiums. Such sales shall be sourced to the	119186
locations of the enrollees in the same proportion as the managed	119187
care premiums received by the medicaid health insuring	119188
corporation on behalf of enrollees located in a particular	119189
taxing jurisdiction in Ohio as compared to all managed care	119190
premiums received by the medicaid health insuring corporation.	119191

Sec. 5739.051. (A) The tax commissioner shall issue a direct	119192
payment permit to a medicaid health insuring corporation that	119193
authorizes the medicaid health insuring corporation to pay all	119194
taxes due on sales described in division (B)(11) of section	119195
5739.01 of the Revised Code directly to the state. Each medicaid	119196
health insuring corporation shall pay pursuant to such direct	119197
payment authority all sales tax levied on such sales by sections	119198
5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code and	119199
all use tax levied on such sales pursuant to sections 5741.02,	119200
5741.021, 5741.022, and 5741.023 of the Revised Code, unless	119201
division (B)(11)(b) of section 5739.01 of the Revised Code	119202
applies.	119203

(B) Each medicaid health insuring corporation shall, on or	119204
before the twenty-third day of each month, file a return for the	119205
preceding month on a form prescribed by the tax commissioner and	119206
shall pay the tax shown on the return to be due, unless division	119207
(B)(11)(b) of section 5739.01 of the Revised Code applies. The	119208
return shall show the amount of tax due from the medicaid health	119209
care insuring corporation for the period covered by the return	119210
and other such information as the commissioner deems necessary.	119211
Upon written request, the commissioner may extend the time for	119212
filing the return and paying the tax. The commissioner may	119213
require each medicaid health insuring corporation to file returns	119214
and remit payment by electronic means as provided in section	119215
5739.032 of the Revised Code.	119216

Sec. 5739.09. (A)(1) A board of county commissioners may, by	119217
resolution adopted by a majority of the members of the board, levy	119218
an excise tax not to exceed three per cent on transactions by	119219
which lodging by a hotel is or is to be furnished to transient	119220
guests. The board shall establish all regulations necessary to	119221
provide for the administration and allocation of the tax. The	119222
regulations may prescribe the time for payment of the tax, and may	119223
provide for the imposition of a penalty or interest, or both, for	119224
late payments, provided that the penalty does not exceed ten per	119225
cent of the amount of tax due, and the rate at which interest	119226
accrues does not exceed the rate per annum prescribed pursuant to	119227
section 5703.47 of the Revised Code. Except as provided in	119228
divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the	119229
regulations shall provide, after deducting the real and actual	119230
costs of administering the tax, for the return to each municipal	119231
corporation or township that does not levy an excise tax on the	119232
transactions, a uniform percentage of the tax collected in the	119233
municipal corporation or in the unincorporated portion of the	119234
township from each transaction, not to exceed thirty-three and	119235
one-third per cent. The remainder of the revenue arising from the	119236
tax shall be deposited in a separate fund and shall be spent	119237
solely to make contributions to the convention and visitors'	119238
bureau operating within the county, including a pledge and	119239
contribution of any portion of the remainder pursuant to an	119240
agreement authorized by section 307.695 of the Revised Code,	119241
provided that if the board of county commissioners of an eligible	119242
county as defined in section 307.695 of the Revised Code adopts a	119243
resolution amending a resolution levying a tax under this division	119244
to provide that the revenue from the tax shall be used by the	119245
board as described in division (H) of section 307.695 of the	119246
Revised Code, the remainder of the revenue shall be used as	119247
described in the resolution making that amendment. Except as	119248
provided in division (A)(2), (3), (4), (5), (6), or (7) or (H) of	119249
this section, on and after May 10, 1994, a board of county	119250
commissioners may not levy an excise tax pursuant to this division	119251
in any municipal corporation or township located wholly or partly	119252
within the county that has in effect an ordinance or resolution	119253
levying an excise tax pursuant to division (B) of this section.	119254
The board of a county that has levied a tax under division (C) of	119255
this section may, by resolution adopted within ninety days after	119256
July 15, 1985, by a majority of the members of the board, amend	119257
the resolution levying a tax under this division to provide for a	119258
portion of that tax to be pledged and contributed in accordance	119259
with an agreement entered into under section 307.695 of the	119260
Revised Code. A tax, any revenue from which is pledged pursuant to	119261
such an agreement, shall remain in effect at the rate at which it	119262
is imposed for the duration of the period for which the revenue	119263
from the tax has been so pledged.	119264

The board of county commissioners of an eligible county as	119265
defined in section 307.695 of the Revised Code may, by resolution	119266
adopted by a majority of the members of the board, amend a	119267
resolution levying a tax under this division to provide that the	119268
revenue from the tax shall be used by the board as described in	119269
division (H) of section 307.695 of the Revised Code, in which case	119270
the tax shall remain in effect at the rate at which it was imposed	119271
for the duration of any agreement entered into by the board under	119272
section 307.695 of the Revised Code, the duration during which any	119273
securities issued by the board under that section are outstanding,	119274
or the duration of the period during which the board owns a	119275
project as defined in section 307.695 of the Revised Code,	119276
whichever duration is longest.	119277

(2) A board of county commissioners that levies an excise tax	119278
under division (A)(1) of this section on June 30, 1997, at a rate	119279
of three per cent, and that has pledged revenue from the tax to an	119280
agreement entered into under section 307.695 of the Revised Code	119281
or, in the case of the board of county commissioners of an	119282
eligible county as defined in section 307.695 of the Revised Code,	119283
has amended a resolution levying a tax under division (C) of this	119284
section to provide that proceeds from the tax shall be used by the	119285
board as described in division (H) of section 307.695 of the	119286
Revised Code, may, at any time by a resolution adopted by a	119287
majority of the members of the board, amend the resolution levying	119288
a tax under division (A)(1) of this section to provide for an	119289
increase in the rate of that tax up to seven per cent on each	119290
transaction; to provide that revenue from the increase in the rate	119291
shall be used as described in division (H) of section 307.695 of	119292
the Revised Code or be spent solely to make contributions to the	119293
convention and visitors' bureau operating within the county to be	119294
used specifically for promotion, advertising, and marketing of the	119295
region in which the county is located; and to provide that the	119296
rate in excess of the three per cent levied under division (A)(1)	119297
of this section shall remain in effect at the rate at which it is	119298
imposed for the duration of the period during which any agreement	119299
is in effect that was entered into under section 307.695 of the	119300
Revised Code by the board of county commissioners levying a tax	119301
under division (A)(1) of this section, the duration of the period	119302
during which any securities issued by the board under division (I)	119303
of section 307.695 of the Revised Code are outstanding, or the	119304
duration of the period during which the board owns a project as	119305
defined in section 307.695 of the Revised Code, whichever duration	119306
is longest. The amendment also shall provide that no portion of	119307
that revenue need be returned to townships or municipal	119308
corporations as would otherwise be required under division (A)(1)	119309
of this section.	119310

(3) A board of county commissioners that levies a tax under	119311
division (A)(1) of this section on March 18, 1999, at a rate of	119312
three per cent may, by resolution adopted not later than	119313
forty-five days after March 18, 1999, amend the resolution levying	119314
the tax to provide for all of the following:	119315

(a) That the rate of the tax shall be increased by not more	119316
than an additional four per cent on each transaction;	119317

(b) That all of the revenue from the increase in the rate	119318
shall be pledged and contributed to a convention facilities	119319
authority established by the board of county commissioners under	119320
Chapter 351. of the Revised Code on or before November 15, 1998,	119321
and used to pay costs of constructing, maintaining, operating, and	119322
promoting a facility in the county, including paying bonds, or	119323
notes issued in anticipation of bonds, as provided by that	119324
chapter;	119325

(c) That no portion of the revenue arising from the increase	119326
in rate need be returned to municipal corporations or townships as	119327
otherwise required under division (A)(1) of this section;	119328

(d) That the increase in rate shall not be subject to	119329
diminution by initiative or referendum or by law while any bonds,	119330
or notes in anticipation of bonds, issued by the authority under	119331
Chapter 351. of the Revised Code to which the revenue is pledged,	119332
remain outstanding in accordance with their terms, unless	119333
provision is made by law or by the board of county commissioners	119334
for an adequate substitute therefor that is satisfactory to the	119335
trustee if a trust agreement secures the bonds.	119336

Division (A)(3) of this section does not apply to the board	119337
of county commissioners of any county in which a convention center	119338
or facility exists or is being constructed on November 15, 1998,	119339
or of any county in which a convention facilities authority levies	119340
a tax pursuant to section 351.021 of the Revised Code on that	119341
date.	119342

As used in division (A)(3) of this section, "cost" and	119343
"facility" have the same meanings as in section 351.01 of the	119344
Revised Code, and "convention center" has the same meaning as in	119345
section 307.695 of the Revised Code.	119346

(4)(a) A board of county commissioners that levies a tax	119347
under division (A)(1) of this section on June 30, 2002, at a rate	119348
of three per cent may, by resolution adopted not later than	119349
September 30, 2002, amend the resolution levying the tax to	119350
provide for all of the following:	119351

(i) That the rate of the tax shall be increased by not more	119352
than an additional three and one-half per cent on each	119353
transaction;	119354

(ii) That all of the revenue from the increase in rate shall	119355
be pledged and contributed to a convention facilities authority	119356
established by the board of county commissioners under Chapter	119357
351. of the Revised Code on or before May 15, 2002, and be used	119358
to pay costs of constructing, expanding, maintaining, operating,	119359
or promoting a convention center in the county, including paying	119360
bonds, or notes issued in anticipation of bonds, as provided by	119361
that chapter;	119362

(iii) That no portion of the revenue arising from the	119363
increase in rate need be returned to municipal corporations or	119364
townships as otherwise required under division (A)(1) of this	119365
section;	119366

(iv) That the increase in rate shall not be subject to	119367
diminution by initiative or referendum or by law while any bonds,	119368
or notes in anticipation of bonds, issued by the authority under	119369
Chapter 351. of the Revised Code to which the revenue is pledged,	119370
remain outstanding in accordance with their terms, unless	119371
provision is made by law or by the board of county commissioners	119372
for an adequate substitute therefor that is satisfactory to the	119373
trustee if a trust agreement secures the bonds.	119374

(b) Any board of county commissioners that, pursuant to	119375
division (A)(4)(a) of this section, has amended a resolution	119376
levying the tax authorized by division (A)(1) of this section may	119377
further amend the resolution to provide that the revenue referred	119378
to in division (A)(4)(a)(ii) of this section shall be pledged and	119379
contributed both to a convention facilities authority to pay the	119380
costs of constructing, expanding, maintaining, or operating one or	119381
more convention centers in the county, including paying bonds, or	119382
notes issued in anticipation of bonds, as provided in Chapter 351.	119383
of the Revised Code, and to a convention and visitors' bureau to	119384
pay the costs of promoting one or more convention centers in the	119385
county.	119386

As used in division (A)(4) of this section, "cost" has the	119387
same meaning as in section 351.01 of the Revised Code, and	119388
"convention center" has the same meaning as in section 307.695 of	119389
the Revised Code.	119390

(5)(a) As used in division (A)(5) of this section:

119391

(i) "Port authority" means a port authority created under	119392
Chapter 4582. of the Revised Code.	119393

(ii) "Port authority military-use facility" means port	119394
authority facilities on which or adjacent to which is located an	119395
installation of the armed forces of the United States, a reserve	119396
component thereof, or the national guard and at least part of	119397
which is made available for use, for consideration, by the armed	119398
forces of the United States, a reserve component thereof, or the	119399
national guard.	119400

(b) For the purpose of contributing revenue to pay operating	119401
expenses of a port authority that operates a port authority	119402
military-use facility, the board of county commissioners of a	119403
county that created, participated in the creation of, or has	119404
joined such a port authority may do one or both of the following:	119405

(i) Amend a resolution previously adopted under division	119406
(A)(1) of this section to designate some or all of the revenue	119407
from the tax levied under the resolution to be used for that	119408
purpose, notwithstanding that division;	119409

(ii) Amend a resolution previously adopted under division	119410
(A)(1) of this section to increase the rate of the tax by not more	119411
than an additional two per cent and use the revenue from the	119412
increase exclusively for that purpose.	119413

(c) If a board of county commissioners amends a resolution to	119414
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	119415
of this section, the board also may amend the resolution to	119416
specify that the increase in rate of the tax does not apply to	119417
"hotels," as otherwise defined in section 5739.01 of the Revised	119418
Code, having fewer rooms used for the accommodation of guests than	119419
a number of rooms specified by the board.	119420

(6) A board of county commissioners of a county organized	119421
under a county charter adopted pursuant to Article X, Section 3,	119422
Ohio Constitution, and that levies an excise tax under division	119423
(A)(1) of this section at a rate of three per cent and levies an	119424
additional excise tax under division (E) of this section at a rate	119425
of one and one-half per cent may, by resolution adopted not later	119426
than January 1, 2008, by a majority of the members of the board,	119427
amend the resolution levying a tax under division (A)(1) of this	119428
section to provide for an increase in the rate of that tax by not	119429
more than an additional one per cent on transactions by which	119430
lodging by a hotel is or is to be furnished to transient guests.	119431
Notwithstanding divisions (A)(1) and (E) of this section, the	119432
resolution shall provide that all of the revenue from the increase	119433
in rate, after deducting the real and actual costs of	119434
administering the tax, shall be used to pay the costs of	119435
improving, expanding, equipping, financing, or operating a	119436
convention center by a convention and visitors' bureau in the	119437
county. The increase in rate shall remain in effect for the	119438
period specified in the resolution, not to exceed ten years. The	119439
increase in rate shall be subject to the regulations adopted	119440
under division (A)(1) of this section, except that the	119441
resolution may provide that no portion of the revenue from the	119442
increase in the rate shall be returned to townships or municipal	119443
corporations as would otherwise be required under that division.	119444

(7) Division (A)(7) of this section applies only to a county	119445
with a population greater than sixty-five thousand and less than	119446
seventy thousand according to the most recent federal decennial	119447
census and in which, on December 31, 2006, an excise tax is levied	119448
under division (A)(1) of this section at a rate not less than and	119449
not greater than three per cent, and in which the most recent	119450
increase in the rate of that tax was enacted or took effect in	119451
November 1984.	119452

The board of county commissioners of a county to which this	119453
division applies, by resolution adopted by a majority of the	119454
members of the board, may increase the rate of the tax by not more	119455
than one per cent on transactions by which lodging by a hotel is	119456
or is to be furnished to transient guests. The increase in rate	119457
shall be for the purpose of paying expenses deemed necessary by	119458
the convention and visitors' bureau operating in the county to	119459
promote travel and tourism. The increase in rate shall remain in	119460
effect for the period specified in the resolution, not to exceed	119461
twenty years, provided that the increase in rate may not continue	119462
beyond the time when the purpose for which the increase is levied	119463
ceases to exist. If revenue from the increase in rate is pledged	119464
to the payment of debt charges on securities, the increase in rate	119465
is not subject to diminution by initiative or referendum or by law	119466
for so long as the securities are outstanding, unless provision is	119467
made by law or by the board of county commissioners for an	119468
adequate substitute for that revenue that is satisfactory to the	119469
trustee if a trust agreement secures payment of the debt charges.	119470
The increase in rate shall be subject to the regulations adopted	119471
under division (A)(1) of this section, except that the resolution	119472
may provide that no portion of the revenue from the increase in	119473
the rate shall be returned to townships or municipal corporations	119474
as would otherwise be required under division (A)(1) of this	119475
section. A resolution adopted under division (A)(7) of this	119476
section is subject to referendum under sections 305.31 to 305.99	119477
of the Revised Code.	119478

(B)(1) The legislative authority of a municipal corporation	119479
or the board of trustees of a township that is not wholly or	119480
partly located in a county that has in effect a resolution levying	119481
an excise tax pursuant to division (A)(1) of this section may, by	119482
ordinance or resolution, levy an excise tax not to exceed three	119483
per cent on transactions by which lodging by a hotel is or is to	119484
be furnished to transient guests. The legislative authority of the	119485
municipal corporation or the board of trustees of the township	119486
shall deposit at least fifty per cent of the revenue from the tax	119487
levied pursuant to this division into a separate fund, which shall	119488
be spent solely to make contributions to convention and visitors'	119489
bureaus operating within the county in which the municipal	119490
corporation or township is wholly or partly located, and the	119491
balance of that revenue shall be deposited in the general fund.	119492
The municipal corporation or township shall establish all	119493
regulations necessary to provide for the administration and	119494
allocation of the tax. The regulations may prescribe the time for	119495
payment of the tax, and may provide for the imposition of a	119496
penalty or interest, or both, for late payments, provided that the	119497
penalty does not exceed ten per cent of the amount of tax due, and	119498
the rate at which interest accrues does not exceed the rate per	119499
annum prescribed pursuant to section 5703.47 of the Revised Code.	119500
The levy of a tax under this division is in addition to any tax	119501
imposed on the same transaction by a municipal corporation or a	119502
township as authorized by division (A) of section 5739.08 of the	119503
Revised Code.	119504

(2)(a) The legislative authority of the most populous	119505
municipal corporation located wholly or partly in a county in	119506
which the board of county commissioners has levied a tax under	119507
division (A)(4) of this section may amend, on or before September	119508
30, 2002, that municipal corporation's ordinance or resolution	119509
that levies an excise tax on transactions by which lodging by a	119510
hotel is or is to be furnished to transient guests, to provide for	119511
all of the following:	119512

(i) That the rate of the tax shall be increased by not more	119513
than an additional one per cent on each transaction;	119514

(ii) That all of the revenue from the increase in rate shall	119515
be pledged and contributed to a convention facilities authority	119516
established by the board of county commissioners under Chapter	119517
351. of the Revised Code on or before May 15, 2002, and be used	119518
to pay costs of constructing, expanding, maintaining, operating,	119519
or promoting a convention center in the county, including paying	119520
bonds, or notes issued in anticipation of bonds, as provided by	119521
that chapter;	119522

(iii) That the increase in rate shall not be subject to	119523
diminution by initiative or referendum or by law while any bonds,	119524
or notes in anticipation of bonds, issued by the authority under	119525
Chapter 351. of the Revised Code to which the revenue is pledged,	119526
remain outstanding in accordance with their terms, unless	119527
provision is made by law, by the board of county commissioners, or	119528
by the legislative authority, for an adequate substitute therefor	119529
that is satisfactory to the trustee if a trust agreement secures	119530
the bonds.	119531

(b) The legislative authority of a municipal corporation	119532
that, pursuant to division (B)(2)(a) of this section, has amended	119533
its ordinance or resolution to increase the rate of the tax	119534
authorized by division (B)(1) of this section may further amend	119535
the ordinance or resolution to provide that the revenue referred	119536
to in division (B)(2)(a)(ii) of this section shall be pledged and	119537
contributed both to a convention facilities authority to pay the	119538
costs of constructing, expanding, maintaining, or operating one or	119539
more convention centers in the county, including paying bonds, or	119540
notes issued in anticipation of bonds, as provided in Chapter 351.	119541
of the Revised Code, and to a convention and visitors' bureau to	119542
pay the costs of promoting one or more convention centers in the	119543
county.	119544

As used in division (B)(2) of this section, "cost" has the	119545
same meaning as in section 351.01 of the Revised Code, and	119546
"convention center" has the same meaning as in section 307.695 of	119547
the Revised Code.	119548

(C) For the purposes described in section 307.695 of the	119549
Revised Code and to cover the costs of administering the tax, a	119550
board of county commissioners of a county where a tax imposed	119551
under division (A)(1) of this section is in effect may, by	119552
resolution adopted within ninety days after July 15, 1985, by a	119553
majority of the members of the board, levy an additional excise	119554
tax not to exceed three per cent on transactions by which lodging	119555
by a hotel is or is to be furnished to transient guests. The tax	119556
authorized by this division shall be in addition to any tax that	119557
is levied pursuant to division (A) of this section, but it shall	119558
not apply to transactions subject to a tax levied by a municipal	119559
corporation or township pursuant to the authorization granted by	119560
division (A) of section 5739.08 of the Revised Code. The board	119561
shall establish all regulations necessary to provide for the	119562
administration and allocation of the tax. The regulations may	119563
prescribe the time for payment of the tax, and may provide for the	119564
imposition of a penalty or interest, or both, for late payments,	119565
provided that the penalty does not exceed ten per cent of the	119566
amount of tax due, and the rate at which interest accrues does not	119567
exceed the rate per annum prescribed pursuant to section 5703.47	119568
of the Revised Code. All revenues arising from the tax shall be	119569
expended in accordance with section 307.695 of the Revised Code.	119570
The board of county commissioners of an eligible county as defined	119571
in section 307.695 of the Revised Code may, by resolution adopted	119572
by a majority of the members of the board, amend the resolution	119573
levying a tax under this division to provide that the revenue from	119574
the tax shall be used by the board as described in division (H) of	119575
section 307.695 of the Revised Code. A tax imposed under this	119576
division shall remain in effect at the rate at which it is imposed	119577
for the duration of the period during which any agreement entered	119578
into by the board under section 307.695 of the Revised Code is in	119579
effect, the duration of the period during which any securities	119580
issued by the board under division (I) of section 307.695 of the	119581
Revised Code are outstanding, or the duration of the period during	119582
which the board owns a project as defined in section 307.695 of	119583
the Revised Code, whichever duration is longest.	119584

(D) For the purpose of providing contributions under division	119585
(B)(1) of section 307.671 of the Revised Code to enable the	119586
acquisition, construction, and equipping of a port authority	119587
educational and cultural facility in the county and, to the extent	119588
provided for in the cooperative agreement authorized by that	119589
section, for the purpose of paying debt service charges on bonds,	119590
or notes in anticipation of bonds, described in division (B)(1)(b)	119591
of that section, a board of county commissioners, by resolution	119592
adopted within ninety days after December 22, 1992, by a majority	119593
of the members of the board, may levy an additional excise tax not	119594
to exceed one and one-half per cent on transactions by which	119595
lodging by a hotel is or is to be furnished to transient guests.	119596
The excise tax authorized by this division shall be in addition to	119597
any tax that is levied pursuant to divisions (A), (B), and (C) of	119598
this section, to any excise tax levied pursuant to section 5739.08	119599
of the Revised Code, and to any excise tax levied pursuant to	119600
section 351.021 of the Revised Code. The board of county	119601
commissioners shall establish all regulations necessary to provide	119602
for the administration and allocation of the tax that are not	119603
inconsistent with this section or section 307.671 of the Revised	119604
Code. The regulations may prescribe the time for payment of the	119605
tax, and may provide for the imposition of a penalty or interest,	119606
or both, for late payments, provided that the penalty does not	119607
exceed ten per cent of the amount of tax due, and the rate at	119608
which interest accrues does not exceed the rate per annum	119609
prescribed pursuant to section 5703.47 of the Revised Code. All	119610
revenues arising from the tax shall be expended in accordance with	119611
section 307.671 of the Revised Code and division (D) of this	119612
section. The levy of a tax imposed under this division may not	119613
commence prior to the first day of the month next following the	119614
execution of the cooperative agreement authorized by section	119615
307.671 of the Revised Code by all parties to that agreement. The	119616
tax shall remain in effect at the rate at which it is imposed for	119617
the period of time described in division (C) of section 307.671 of	119618
the Revised Code for which the revenue from the tax has been	119619
pledged by the county to the corporation pursuant to that section,	119620
but, to any extent provided for in the cooperative agreement, for	119621
no lesser period than the period of time required for payment of	119622
the debt service charges on bonds, or notes in anticipation of	119623
bonds, described in division (B)(1)(b) of that section.	119624

(E) For the purpose of paying the costs of acquiring,	119625
constructing, equipping, and improving a municipal educational and	119626
cultural facility, including debt service charges on bonds	119627
provided for in division (B) of section 307.672 of the Revised	119628
Code, and for any additional purposes determined by the county in	119629
the resolution levying the tax or amendments to the resolution,	119630
including subsequent amendments providing for paying costs of	119631
acquiring, constructing, renovating, rehabilitating, equipping,	119632
and improving a port authority educational and cultural performing	119633
arts facility, as defined in section 307.674 of the Revised Code,	119634
and including debt service charges on bonds provided for in	119635
division (B) of section 307.674 of the Revised Code, the	119636
legislative authority of a county, by resolution adopted within	119637
ninety days after June 30, 1993, by a majority of the members of	119638
the legislative authority, may levy an additional excise tax not	119639
to exceed one and one-half per cent on transactions by which	119640
lodging by a hotel is or is to be furnished to transient guests.	119641
The excise tax authorized by this division shall be in addition to	119642
any tax that is levied pursuant to divisions (A), (B), (C), and	119643
(D) of this section, to any excise tax levied pursuant to section	119644
5739.08 of the Revised Code, and to any excise tax levied pursuant	119645
to section 351.021 of the Revised Code. The legislative authority	119646
of the county shall establish all regulations necessary to provide	119647
for the administration and allocation of the tax. The regulations	119648
may prescribe the time for payment of the tax, and may provide for	119649
the imposition of a penalty or interest, or both, for late	119650
payments, provided that the penalty does not exceed ten per cent	119651
of the amount of tax due, and the rate at which interest accrues	119652
does not exceed the rate per annum prescribed pursuant to section	119653
5703.47 of the Revised Code. All revenues arising from the tax	119654
shall be expended in accordance with section 307.672 of the	119655
Revised Code and this division. The levy of a tax imposed under	119656
this division shall not commence prior to the first day of the	119657
month next following the execution of the cooperative agreement	119658
authorized by section 307.672 of the Revised Code by all parties	119659
to that agreement. The tax shall remain in effect at the rate at	119660
which it is imposed for the period of time determined by the	119661
legislative authority of the county. That period of time shall	119662
not exceed fifteen years, except that the legislative authority	119663
of a county with a population of less than two hundred fifty	119664
thousand according to the most recent federal decennial census,	119665
by resolution adopted by a majority of its members before the	119666
original tax expires, may extend the duration of the tax for an	119667
additional period of time. The additional period of time by which	119668
a legislative authority extends a tax levied under this division	119669
shall not exceed fifteen years.	119670

(F) The legislative authority of a county that has levied a	119671
tax under division (E) of this section may, by resolution adopted	119672
within one hundred eighty days after January 4, 2001, by a	119673
majority of the members of the legislative authority, amend the	119674
resolution levying a tax under that division to provide for the	119675
use of the proceeds of that tax, to the extent that it is no	119676
longer needed for its original purpose as determined by the	119677
parties to a cooperative agreement amendment pursuant to division	119678
(D) of section 307.672 of the Revised Code, to pay costs of	119679
acquiring, constructing, renovating, rehabilitating, equipping,	119680
and improving a port authority educational and cultural performing	119681
arts facility, including debt service charges on bonds provided	119682
for in division (B) of section 307.674 of the Revised Code, and to	119683
pay all obligations under any guaranty agreements, reimbursement	119684
agreements, or other credit enhancement agreements described in	119685
division (C) of section 307.674 of the Revised Code. The	119686
resolution may also provide for the extension of the tax at the	119687
same rate for the longer of the period of time determined by the	119688
legislative authority of the county, but not to exceed an	119689
additional twenty-five years, or the period of time required to	119690
pay all debt service charges on bonds provided for in division (B)	119691
of section 307.672 of the Revised Code and on port authority	119692
revenue bonds provided for in division (B) of section 307.674 of	119693
the Revised Code. All revenues arising from the amendment and	119694
extension of the tax shall be expended in accordance with section	119695
307.674 of the Revised Code, this division, and division (E) of	119696
this section.	119697

(G) For purposes of a tax levied by a county, township, or	119698
municipal corporation under this section or section 5739.08 of the	119699
Revised Code, a board of county commissioners, board of township	119700
trustees, or the legislative authority of a municipal corporation	119701
may adopt a resolution or ordinance at any time specifying that	119702
"hotel," as otherwise defined in section 5739.01 of the Revised	119703
Code, includes ~~establishments~~the following:	119704

(1) Establishments in which fewer than five rooms are used	119705
for the accommodation of guests. ~~The~~	119706

(2) Establishments at which rooms are used for the	119707
accommodation of guests regardless of whether each room is	119708
accessible through its own keyed entry or several rooms are	119709
accessible through the same keyed entry; and, in determining the	119710
number of rooms, all rooms are included regardless of the number	119711
of structures in which the rooms are situated or the number of	119712
parcels of land on which the structures are located if the	119713
structures are under the same ownership and the structures are not	119714
identified in advertisements of the accommodations as distinct	119715
establishments. For the purposes of division (G)(2) of this	119716
section, two or more structures are under the same ownership if	119717
they are owned by the same person, or if they are owned by two or	119718
more persons the majority of the ownership interests of which are	119719
owned by the same person.	119720

The resolution or ordinance may apply to a tax imposed	119721
pursuant to this section prior to the adoption of the resolution	119722
or ordinance if the resolution or ordinance so states, but the tax	119723
shall not apply to transactions by which lodging by such an	119724
establishment is provided to transient guests prior to the	119725
adoption of the resolution or ordinance.	119726

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

119727

(a) "Convention facilities authority" has the same meaning as	119728
in section 351.01 of the Revised Code.	119729

(b) "Convention center" has the same meaning as in section	119730
307.695 of the Revised Code.	119731

(2) Notwithstanding any contrary provision of division (D) of	119732
this section, the legislative authority of a county with a	119733
population of one million or more according to the most recent	119734
federal decennial census that has levied a tax under division (D)	119735
of this section may, by resolution adopted by a majority of the	119736
members of the legislative authority, provide for the extension of	119737
such levy and may provide that the proceeds of that tax, to the	119738
extent that they are no longer needed for their original purpose	119739
as defined by a cooperative agreement entered into under section	119740
307.671 of the Revised Code, shall be deposited into the county	119741
general revenue fund. The resolution shall provide for the	119742
extension of the tax at a rate not to exceed the rate specified in	119743
division (D) of this section for a period of time determined by	119744
the legislative authority of the county, but not to exceed an	119745
additional forty years.	119746

(3) The legislative authority of a county with a population	119747
of one million or more that has levied a tax under division (A)(1)	119748
of this section may, by resolution adopted by a majority of the	119749
members of the legislative authority, increase the rate of the tax	119750
levied by such county under division (A)(1) of this section to a	119751
rate not to exceed five per cent on transactions by which lodging	119752
by a hotel is or is to be furnished to transient guests.	119753
Notwithstanding any contrary provision of division (A)(1) of this	119754
section, the resolution may provide that all collections resulting	119755
from the rate levied in excess of three per cent, after deducting	119756
the real and actual costs of administering the tax, shall be	119757
deposited in the county general fund.	119758

(4) The legislative authority of a county with a population	119759
of one million or more that has levied a tax under division (A)(1)	119760
of this section may, by resolution adopted on or before August 30,	119761
2004, by a majority of the members of the legislative authority,	119762
provide that all or a portion of the proceeds of the tax levied	119763
under division (A)(1) of this section, after deducting the real	119764
and actual costs of administering the tax and the amounts required	119765
to be returned to townships and municipal corporations with	119766
respect to the first three per cent levied under division (A)(1)	119767
of this section, shall be deposited in the county general fund,	119768
provided that such proceeds shall be used to satisfy any pledges	119769
made in connection with an agreement entered into under section	119770
307.695 of the Revised Code.	119771

(5) No amount collected from a tax levied, extended, or	119772
required to be deposited in the county general fund under division	119773
(H) of this section shall be contributed to a convention	119774
facilities authority, corporation, or other entity created after	119775
July 1, 2003, for the principal purpose of constructing,	119776
improving, expanding, equipping, financing, or operating a	119777
convention center unless the mayor of the municipal corporation	119778
in which the convention center is to be operated by that	119779
convention facilities authority, corporation, or other entity	119780
has consented to the creation of that convention facilities	119781
authority, corporation, or entity. Notwithstanding any contrary	119782
provision of section 351.04 of the Revised Code, if a tax is	119783
levied by a county under division (H) of this section, the board	119784
of county commissioners of that county may determine the manner	119785
of selection, the qualifications, the number, and terms of	119786
office of the members of the board of directors of any convention	119787
facilities authority, corporation, or other entity described in	119788
division (H)(5) of this section.	119789

(6)(a) No amount collected from a tax levied, extended, or	119790
required to be deposited in the county general fund under division	119791
(H) of this section may be used for any purpose other than paying	119792
the direct and indirect costs of constructing, improving,	119793
expanding, equipping, financing, or operating a convention center	119794
and for the real and actual costs of administering the tax,	119795
unless, prior to the adoption of the resolution of the	119796
legislative authority of the county authorizing the levy,	119797
extension, increase, or deposit, the county and the mayor of the	119798
most populous municipal corporation in that county have entered	119799
into an agreement as to the use of such amounts, provided that	119800
such agreement has been approved by a majority of the mayors of	119801
the other municipal corporations in that county. The agreement	119802
shall provide that the amounts to be used for purposes other	119803
than paying the convention center or administrative costs	119804
described in division (H)(6)(a) of this section be used only for	119805
the direct and indirect costs of capital improvements, including	119806
the financing of capital improvements.	119807

(b) If the county in which the tax is levied has an	119808
association of mayors and city managers, the approval of that	119809
association of an agreement described in division (H)(6)(a) of	119810
this section shall be considered to be the approval of the	119811
majority of the mayors of the other municipal corporations for	119812
purposes of that division.	119813

(7) Each year, the auditor of state shall conduct an audit of	119814
the uses of any amounts collected from taxes levied, extended, or	119815
deposited under division (H) of this section and shall prepare a	119816
report of the auditor of state's findings. The auditor of state	119817
shall submit the report to the legislative authority of the county	119818
that has levied, extended, or deposited the tax, the speaker of	119819
the house of representatives, the president of the senate, and the	119820
leaders of the minority parties of the house of representatives	119821
and the senate.	119822

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

119823

(a) "Convention facilities authority" has the same meaning as	119824
in section 351.01 of the Revised Code.	119825

(b) "Convention center" has the same meaning as in section	119826
307.695 of the Revised Code.	119827

(2) Notwithstanding any contrary provision of division (D) of	119828
this section, the legislative authority of a county with a	119829
population of one million two hundred thousand or more according	119830
to the most recent federal decennial census or the most recent	119831
annual population estimate published or released by the United	119832
States census bureau at the time the resolution is adopted placing	119833
the levy on the ballot, that has levied a tax under division (D)	119834
of this section may, by resolution adopted by a majority of the	119835
members of the legislative authority, provide for the extension of	119836
such levy and may provide that the proceeds of that tax, to the	119837
extent that the proceeds are no longer needed for their original	119838
purpose as defined by a cooperative agreement entered into under	119839
section 307.671 of the Revised Code and after deducting the real	119840
and actual costs of administering the tax, shall be used for	119841
paying the direct and indirect costs of constructing, improving,	119842
expanding, equipping, financing, or operating a convention center.	119843
The resolution shall provide for the extension of the tax at a	119844
rate not to exceed the rate specified in division (D) of this	119845
section for a period of time determined by the legislative	119846
authority of the county, but not to exceed an additional forty	119847
years.	119848

(3) The legislative authority of a county with a population	119849
of one million two hundred thousand or more that has levied a tax	119850
under division (A)(1) of this section may, by resolution adopted	119851
by a majority of the members of the legislative authority,	119852
increase the rate of the tax levied by such county under division	119853
(A)(1) of this section to a rate not to exceed five per cent on	119854
transactions by which lodging by a hotel is or is to be furnished	119855
to transient guests. Notwithstanding any contrary provision of	119856
division (A)(1) of this section, the resolution shall provide that	119857
all collections resulting from the rate levied in excess of three	119858
per cent, after deducting the real and actual costs of	119859
administering the tax, shall be used for paying the direct and	119860
indirect costs of constructing, improving, expanding, equipping,	119861
financing, or operating a convention center.	119862

(4) The legislative authority of a county with a population	119863
of one million two hundred thousand or more that has levied a tax	119864
under division (A)(1) of this section may, by resolution adopted	119865
on or before July 1, 2008, by a majority of the members of the	119866
legislative authority, provide that all or a portion of the	119867
proceeds of the tax levied under division (A)(1) of this section,	119868
after deducting the real and actual costs of administering the tax	119869
and the amounts required to be returned to townships and municipal	119870
corporations with respect to the first three per cent levied under	119871
division (A)(1) of this section, shall be used to satisfy any	119872
pledges made in connection with an agreement entered into under	119873
section 307.695 of the Revised Code or shall otherwise be used for	119874
paying the direct and indirect costs of constructing, improving,	119875
expanding, equipping, financing, or operating a convention center.	119876

(5) Any amount collected from a tax levied or extended under	119877
division (I) of this section may be contributed to a convention	119878
facilities authority created before July 1, 2005, but no amount	119879
collected from a tax levied or extended under division (I) of this	119880
section may be contributed to a convention facilities authority,	119881
corporation, or other entity created after July 1, 2005, unless	119882
the mayor of the municipal corporation in which the convention	119883
center is to be operated by that convention facilities authority,	119884
corporation, or other entity has consented to the creation of that	119885
convention facilities authority, corporation, or entity.	119886

Sec. 5739.131. Any nonresident of this state who accepts the	119887
privilege extended by the laws of this state to nonresidents of	119888
engaging in the business of selling in this state, as defined in	119889
section 5741.01 of the Revised Code, and any resident of this	119890
state who is required by sections 5739.17 and 5739.31 of the	119891
Revised Code to have a vendor's license and subsequently becomes a	119892
nonresident or conceals ~~his~~the person's whereabouts, makes the	119893
secretary of state ~~his~~the person's agent for the service of	119894
process or notice in any assessment, action, or proceedings	119895
instituted in this state against such person under sections	119896
5739.01 to 5739.31 and 5741.01 to 5741.22 of the Revised Code.	119897

Such process or notice shall be served~~, by the officer to~~	119898
~~whom the same is directed or by the tax commissioner, or by the~~	119899
~~sheriff of Franklin county, who may be deputized for such purpose~~	119900
~~by the officer to whom the service is directed, upon the secretary~~	119901
~~of state by leaving at the office of the secretary of state, at~~	119902
~~least fifteen days before the return day of such process or~~	119903
~~notice, a true and attested copy thereof, and by sending to the~~	119904
~~defendant by certified mail, postage prepaid, a like and true~~	119905
~~attested copy, with an endorsement thereon of the service upon the~~	119906
~~secretary of state, addressed to such defendant at his last known~~	119907
~~address~~as provided under section 5703.37 of the Revised Code.	119908

Sec. 5743.15. (A) NoExcept as otherwise provided in this	119909
division, no person shall engage in this state in the wholesale	119910
or retail business of trafficking in cigarettes or in the	119911
business of a manufacturer or importer of cigarettes without	119912
having a license to conduct each such activity issued by a county	119913
auditor under division (B) of this section or the tax	119914
commissioner under ~~division (E)~~divisions (C) and (F) of this	119915
section~~, except that on~~. On dissolution of a partnership by	119916
death, the surviving partner may operate under the license of the	119917
partnership until expiration of the license, and the heirs or	119918
legal representatives of deceased persons, and receivers and	119919
trustees in bankruptcy appointed by any competent authority, may	119920
operate under the license of the person succeeded in possession	119921
by such heir, representative, receiver, or trustee in bankruptcy	119922
if the partner or successor notifies the issuer of the license of	119923
the dissolution or succession within thirty days after the	119924
dissolution or succession.	119925

(B)(1) Each applicant for a license to engage in the	119926
~~wholesale or~~ retail business of trafficking in cigarettes under	119927
this section, annually, on or before the fourth Monday of May,	119928
shall make and deliver to the county auditor of the county in	119929
which the applicant desires to engage in the ~~wholesale or~~ retail	119930
business of trafficking in cigarettes, upon a blank form	119931
furnished by such auditor for that purpose, a statement showing	119932
the name of the applicant, each physical place in the county	119933
where the applicant's business is conducted, the nature of the	119934
business, and any other information the tax commissioner requires	119935
in the form of statement prescribed by the commissioner. If the	119936
applicant is a firm, partnership, or association other than a	119937
corporation, the application shall state the name and address of	119938
each of its members. If the applicant is a corporation, the	119939
application shall state the name and address of each of its	119940
officers. At the time of making the application required by this	119941
section, every person ~~desiring to engage in the wholesale~~	119942
~~business of trafficking in cigarettes shall pay into the county~~	119943
~~treasury a license tax in the sum of two hundred dollars, or if~~	119944
desiring to engage in the retail business of trafficking in	119945
cigarettes~~, a license tax~~shall pay an application fee in the sum	119946
of ~~thirty~~one hundred twenty-five dollars for each ~~of the first~~	119947
~~five places~~physical place where the person proposes to carry on	119948
such business ~~and twenty-five dollars for each additional place~~.	119949
Each place of business shall be deemed such space, under lease or	119950
license to, or under the control of, or under the supervision of	119951
the applicant, as is contained in one or more contiguous,	119952
adjacent, or adjoining buildings constituting an industrial plant	119953
or a place of business operated by, or under the control of, one	119954
person, or under one roof and connected by doors, halls,	119955
stairways, or elevators, which space may contain any number of	119956
points at which cigarettes are offered for sale, provided that	119957
each additional point at which cigarettes are offered for sale	119958
shall be listed in the application.	119959

(2) Upon receipt of the application and exhibition of the	119960
county treasurer's receipt showing the payment of the ~~tax~~	119961
application fee, the county auditor shall issue to the applicant	119962
a license for each place of business designated in the	119963
application, authorizing the applicant to engage in such business	119964
at such place for one year commencing on the fourth Monday of	119965
May. ~~Companies operating club or dining cars or other cars upon~~	119966
~~which cigarettes are sold shall obtain licenses at railroad~~	119967
~~terminals within the state, under such rules as are prescribed by~~	119968
~~the commissioner.~~ The form of the license shall be prescribed by	119969
the commissioner. A duplicate license may be obtained from the	119970
county auditor upon payment of a ~~fifty cent~~five-dollar fee if	119971
the original license is lost, destroyed, or defaced. When an	119972
application is filed after the fourth Monday of May, the ~~license~~	119973
~~tax~~application fee required to be paid shall be proportioned in	119974
amount to the remainder of the license year, except that it shall	119975
not be less than ~~one fifth of the whole amount~~twenty-five	119976
dollars in any one year.	119977

(3) The holder of a ~~wholesale or~~ retail dealer's cigarette	119978
license may transfer the license to a place of business within the	119979
same county other than that designated on the license ~~or may~~	119980
~~assign the license to another person for use in the same county~~ on	119981
condition that the ~~licensee or assignee, whichever is applicable,~~	119982
~~make application~~licensee's ownership interest and business	119983
structure remain unchanged, and that the licensee applies to the	119984
county auditor therefor, upon forms approved by the commissioner	119985
and the payment of a fee of ~~one dollar~~five dollars into the	119986
county treasury.	119987

(C)(1) Each applicant for a license to engage in the	119988
wholesale business of trafficking in cigarettes under this	119989
section, annually, on or before the fourth Monday in May, shall	119990
make and deliver to the tax commissioner, upon a blank form	119991
furnished by the commissioner for that purpose, a statement	119992
showing the name of the applicant, physical street address where	119993
the applicant's business is conducted, the nature of the business,	119994
and any other information required by the commissioner. If the	119995
applicant is a firm, partnership, or association other than a	119996
corporation, the applicant shall state the name and address of	119997
each of its members. If the applicant is a corporation, the	119998
applicant shall state the name and address of each of its	119999
officers. At the time of making the application required by this	120000
section, every person desiring to engage in the wholesale business	120001
of trafficking in cigarettes shall pay an application fee of one	120002
thousand dollars for each physical place where the person proposes	120003
to carry on such business. Each place of business shall be deemed	120004
such space, under lease or license to, or under the control of, or	120005
under the supervision of the applicant, as is contained in one or	120006
more contiguous, adjacent, or adjoining buildings constituting an	120007
industrial plant or a place of business operated by, or under the	120008
control of, one person, or under one roof and connected by doors,	120009
halls, stairways, or elevators. A duplicate license may be	120010
obtained from the commissioner upon payment of a	120011
twenty-five-dollar fee if the original license is lost, destroyed,	120012
or defaced.	120013

(2) Upon receipt of the application and payment of any	120014
application fee required by this section, the commissioner shall	120015
verify that the applicant is in good standing under Chapter 1346.	120016
and Title LVII of the Revised Code. Upon approval, the	120017
commissioner shall issue to the applicant a license for each	120018
physical place of business designated in the application	120019
authorizing the applicant to engage in business at that location	120020
for one year commencing on the fourth Monday in May. For licenses	120021
issued after the fourth Monday in May, the application fee shall	120022
be reduced proportionately by the remainder of the twelve-month	120023
period for which the license is issued, except that the	120024
application fee required to be paid under this section shall be	120025
not less than two hundred dollars in any one year.	120026

(3) The holder of a wholesale dealer cigarette license may	120027
transfer the license to a place of business other than that	120028
designated on the license on condition that the licensee's	120029
ownership or business structure remains unchanged, and that the	120030
licensee applies to the commissioner for such a transfer upon a	120031
form promulgated by the commissioner and pays a fee of twenty-five	120032
dollars, which shall be deposited into the cigarette tax	120033
enforcement fund created in division (E) of this section.	120034

(D)(1) The wholesale cigarette license ~~tax revenue~~	120035
application fees collected under this section shall be	120036
~~distributed as follows:~~	120037

~~(a) Thirty-seven and one-half per cent shall be paid upon the~~	120038
~~warrant of the county auditor into the treasury of the municipal~~	120039
~~corporation or township in which the place of business for which~~	120040
~~the tax revenue was received is located;~~	120041

~~(b) Fifteen per cent shall be credited to the general fund of~~	120042
~~the county;~~	120043

~~(c) Forty-seven and one-half per cent shall be~~ paid into the	120044
cigarette tax enforcement fund ~~created by division (C) of this~~	120045
~~section~~.	120046

(2) The ~~revenue~~retail cigarette license application fees	120047
collected ~~from the thirty dollar tax imposed upon the first five~~	120048
~~places of business of a person engaged in the retail business of~~	120049
~~trafficking in cigarettes~~under this section shall be distributed	120050
as follows:	120051

(a) ~~Sixty-two and one-half~~Thirty per cent shall be paid upon	120052
the warrant of the county auditor into the treasury of the	120053
municipal corporation or township in which the places of business	120054
for which the tax revenue was received are located;	120055

(b) ~~Twenty-two and one-half~~Ten per cent shall be credited to	120056
the general fund of the county;	120057

(c) ~~Fifteen~~Sixty per cent shall be paid into the cigarette	120058
tax enforcement fund ~~created by division (C) of this section~~.	120059

(3) The remainder of the revenues and fines collected under	120060
this section and the penal laws relating to cigarettes shall be	120061
distributed as follows:	120062

(a) Three-fourths shall be paid upon the warrant of the	120063
county auditor into the treasury of the municipal corporation or	120064
township in which the place of business, on account of which the	120065
revenues and fines were received, is located;	120066

(b) One-fourth shall be credited to the general fund of the	120067
county.	120068

~~(D)~~(E) There is hereby created within the state treasury the	120069
cigarette tax enforcement fund for the purpose of providing funds	120070
to assist in paying the costs of enforcing sections 1333.11 to	120071
1333.21 and Chapter 5743. of the Revised Code.	120072

The portion of cigarette license ~~tax revenues~~application	120073
fees received by a county auditor during the annual application	120074
period that ends ~~before~~on the fourth Monday in May ~~which~~and that	120075
is required to be deposited in the cigarette tax enforcement fund	120076
shall be sent to the treasurer of state by the thirtieth day of	120077
June each year accompanied by the form prescribed by the tax	120078
commissioner. The portion of cigarette license ~~tax money~~	120079
application fees received by each county auditor after the fourth	120080
Monday in May ~~which~~and that is required to be deposited in the	120081
cigarette tax enforcement fund shall be sent to the treasurer of	120082
state by the ~~thirty-first day of December~~last day of the month	120083
following the month in which such fees were collected.	120084

~~(E)~~(F)(1) Every person who desires to engage in the business	120085
of a manufacturer or importer of cigarettes shall, annually, on	120086
or before the fourth Monday of May, make and deliver to the tax	120087
commissioner, upon a blank form furnished by the commissioner for	120088
that purpose, a statement showing the name of the applicant, the	120089
nature of the applicant's business, and any other information	120090
required by the commissioner. If the applicant is a firm,	120091
partnership, or association other than a corporation, the	120092
applicant shall state the name and address of each of its	120093
members. If the applicant is a corporation, the applicant shall	120094
state the name and address of each of its officers.	120095

(2) Upon receipt of the application required under this	120096
section, the commissioner shall verify that the applicant is in	120097
good standing under Chapter 1346. and Title LVII of the Revised	120098
Code. Upon approval, the commissioner shall issue to the	120099
applicant a license authorizing the applicant to engage in the	120100
business of manufacturer or importer, whichever the case may be,	120101
for one year commencing on the fourth Monday of May.	120102

~~(2)~~(3) The issuing of a license under division ~~(E)~~(F)(1) of	120103
this section to a manufacturer does not excuse a manufacturer	120104
from the certification process required under section 1346.05 of	120105
the Revised Code. A manufacturer who is issued a license under	120106
division ~~(E)~~(F)(1) of this section and who is not listed on the	120107
directory required under section 1346.05 of the Revised Code shall	120108
not be permitted to sell cigarettes in this state other than to a	120109
licensed cigarette wholesaler for sale outside this state. Such a	120110
manufacturer shall provide documentation to the commissioner	120111
evidencing that the cigarettes are legal for sale in another	120112
state.	120113

~~(3)~~(G) The tax commissioner may adopt rules necessary to	120114
administer ~~division (E) of~~ this section.	120115

Sec. 5743.61. (A) NoExcept as otherwise provided in this	120116
division, no distributor shall engage in the business of	120117
distributing tobacco products within this state without having a	120118
license issued by the department of taxation to engage in that	120119
business~~, except that on~~. On the dissolution of a partnership by	120120
death, the surviving partner may operate under the license of the	120121
partnership until the expiration of the license, and the heirs or	120122
legal representatives of deceased persons, and receivers and	120123
trustees in bankruptcy appointed by any competent authority, may	120124
operate under the license of the person succeeded in possession by	120125
the heir, representative, receiver, or trustee in bankruptcy if	120126
the partner or successor notifies the department of taxation of	120127
the dissolution or succession within thirty days after the	120128
dissolution or succession.	120129

(B)(1) Each applicant for a license to engage in the business	120130
of distributing tobacco products, annually, on or before the first	120131
day of February, shall make and deliver to the tax commissioner,	120132
upon a form furnished by the commissioner for that purpose, a	120133
statement showing the name of the applicant, each physical place	120134
from which the applicant distributes to distributors, retail	120135
dealers, or wholesale dealers, and any other information the	120136
commissioner considers necessary for the administration of	120137
sections 5743.51 to 5743.66 of the Revised Code.	120138

(2) At the time of making the license application, the	120139
applicant shall pay ~~a license~~an application fee of one ~~hundred~~	120140
thousand dollars for each place listed inon the application	120141
where hethe applicant proposes to carry on that business. The	120142
fee charged for the ~~license~~application shall accompany the	120143
application and shall be made payable to the treasurer of state	120144
for deposit into the cigarette tax enforcement fund.	120145

(3) Upon receipt of the application and payment of any	120146
licensing fee required by this section, the commissioner shall	120147
issue to the applicant a license for each place of distribution	120148
designated in the application authorizing the applicant to engage	120149
in business at that location for one year commencing on the first	120150
day of February. For licenses issued after the first day of	120151
February, the license application fee shall be reduced	120152
proportionately by the remainder of the twelve-month period for	120153
which the license is issued, except that the application fee	120154
required to be paid under this section shall be not less than two	120155
hundred dollars. If the original license is lost, destroyed, or	120156
defaced, a duplicate license may be obtained from the	120157
commissioner upon payment of a license replacement fee of	120158
twenty-five dollars.	120159

(C) The holder of a tobacco products license may transfer the	120160
license to a place of business ~~or may assign the license to~~	120161
~~another person for use,~~ on condition that the licensee's ownership	120162
and business structure remains unchanged and the licensee or	120163
~~assignee~~ applies to the commissioner for the transfer~~, upon forms~~	120164
on a form issued by the commissioner, and pays a transfer fee of	120165
twenty-five dollars.	120166

(D) If a distributor fails to file ~~the returns~~forms as	120167
required under Chapter 1346. or section 5743.52 of the Revised	120168
Code, or pay the tax due ~~thereon, on~~for two consecutive ~~months~~	120169
periods or three ~~months~~periods during any twelve-month period,	120170
the commissioner may suspend the license issued to the distributor	120171
under this section. The suspension is effective ten days after the	120172
commissioner notifies the distributor of the suspension in	120173
writing personally or by certified mail. The commissioner shall	120174
lift the suspension when the distributor files the delinquent	120175
~~returns~~forms and pays the tax due, including any penalties,	120176
interest, and additional charges. The commissioner may refuse to	120177
issue the annual renewal of the license required by this section	120178
and may refuse to issue a new license for the same location until	120179
all delinquent ~~returns~~forms are filed and outstanding taxes are	120180
paid. This division does not apply to any unpaid or underpaid tax	120181
liability that is the subject of a ~~petititon~~petition or appeal	120182
filed pursuant to section 5743.56, 5717.02, or 5717.04 of the	120183
Revised Code.	120184

Sec. 5747.01. Except as otherwise expressly provided or	120185
clearly appearing from the context, any term used in this chapter	120186
that is not otherwise defined in this section has the same meaning	120187
as when used in a comparable context in the laws of the United	120188
States relating to federal income taxes or if not used in a	120189
comparable context in those laws, has the same meaning as in	120190
section 5733.40 of the Revised Code. Any reference in this chapter	120191
to the Internal Revenue Code includes other laws of the United	120192
States relating to federal income taxes.	120193

As used in this chapter:

120194

(A) "Adjusted gross income" or "Ohio adjusted gross income"	120195
means federal adjusted gross income, as defined and used in the	120196
Internal Revenue Code, adjusted as provided in this section:	120197

(1) Add interest or dividends on obligations or securities of	120198
any state or of any political subdivision or authority of any	120199
state, other than this state and its subdivisions and authorities.	120200

(2) Add interest or dividends on obligations of any	120201
authority, commission, instrumentality, territory, or possession	120202
of the United States to the extent that the interest or dividends	120203
are exempt from federal income taxes but not from state income	120204
taxes.	120205

(3) Deduct interest or dividends on obligations of the United	120206
States and its territories and possessions or of any authority,	120207
commission, or instrumentality of the United States to the extent	120208
that the interest or dividends are included in federal adjusted	120209
gross income but exempt from state income taxes under the laws of	120210
the United States.	120211

(4) Deduct disability and survivor's benefits to the extent	120212
included in federal adjusted gross income.	120213

(5) Deduct benefits under Title II of the Social Security Act	120214
and tier 1 railroad retirement benefits to the extent included in	120215
federal adjusted gross income under section 86 of the Internal	120216
Revenue Code.	120217

(6) In the case of a taxpayer who is a beneficiary of a trust	120218
that makes an accumulation distribution as defined in section 665	120219
of the Internal Revenue Code, add, for the beneficiary's taxable	120220
years beginning before 2002, the portion, if any, of such	120221
distribution that does not exceed the undistributed net income of	120222
the trust for the three taxable years preceding the taxable year	120223
in which the distribution is made to the extent that the portion	120224
was not included in the trust's taxable income for any of the	120225
trust's taxable years beginning in 2002 or thereafter.	120226
"Undistributed net income of a trust" means the taxable income of	120227
the trust increased by (a)(i) the additions to adjusted gross	120228
income required under division (A) of this section and (ii) the	120229
personal exemptions allowed to the trust pursuant to section	120230
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	120231
deductions to adjusted gross income required under division (A) of	120232
this section, (ii) the amount of federal income taxes attributable	120233
to such income, and (iii) the amount of taxable income that has	120234
been included in the adjusted gross income of a beneficiary by	120235
reason of a prior accumulation distribution. Any undistributed net	120236
income included in the adjusted gross income of a beneficiary	120237
shall reduce the undistributed net income of the trust commencing	120238
with the earliest years of the accumulation period.	120239

(7) Deduct the amount of wages and salaries, if any, not	120240
otherwise allowable as a deduction but that would have been	120241
allowable as a deduction in computing federal adjusted gross	120242
income for the taxable year, had the targeted jobs credit allowed	120243
and determined under sections 38, 51, and 52 of the Internal	120244
Revenue Code not been in effect.	120245

(8) Deduct any interest or interest equivalent on public	120246
obligations and purchase obligations to the extent that the	120247
interest or interest equivalent is included in federal adjusted	120248
gross income.	120249

(9) Add any loss or deduct any gain resulting from the sale,	120250
exchange, or other disposition of public obligations to the extent	120251
that the loss has been deducted or the gain has been included in	120252
computing federal adjusted gross income.	120253

(10) Deduct or add amounts, as provided under section	120254
5747.70 of the Revised Code, related to contributions to variable	120255
college savings program accounts made or tuition units purchased	120256
pursuant to Chapter 3334. of the Revised Code.	120257

(11)(a) Deduct, to the extent not otherwise allowable as a	120258
deduction or exclusion in computing federal or Ohio adjusted gross	120259
income for the taxable year, the amount the taxpayer paid during	120260
the taxable year for medical care insurance and qualified	120261
long-term care insurance for the taxpayer, the taxpayer's spouse,	120262
and dependents. No deduction for medical care insurance under	120263
division (A)(11) of this section shall be allowed either to any	120264
taxpayer who is eligible to participate in any subsidized health	120265
plan maintained by any employer of the taxpayer or of the	120266
taxpayer's spouse, or to any taxpayer who is entitled to, or on	120267
application would be entitled to, benefits under part A of Title	120268
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	120269
301, as amended. For the purposes of division (A)(11)(a) of this	120270
section, "subsidized health plan" means a health plan for which	120271
the employer pays any portion of the plan's cost. The deduction	120272
allowed under division (A)(11)(a) of this section shall be the	120273
net of any related premium refunds, related premium	120274
reimbursements, or related insurance premium dividends received	120275
during the taxable year.	120276

(b) Deduct, to the extent not otherwise deducted or excluded	120277
in computing federal or Ohio adjusted gross income during the	120278
taxable year, the amount the taxpayer paid during the taxable	120279
year, not compensated for by any insurance or otherwise, for	120280
medical care of the taxpayer, the taxpayer's spouse, and	120281
dependents, to the extent the expenses exceed seven and one-half	120282
per cent of the taxpayer's federal adjusted gross income.	120283

(c) Deduct, to the extent not otherwise deducted or excluded	120284
in computing federal or Ohio adjusted gross income, any amount	120285
included in federal adjusted gross income under section 105 or not	120286
excluded under section 106 of the Internal Revenue Code solely	120287
because it relates to an accident and health plan for a person who	120288
otherwise would be a "qualifying relative" and thus a "dependent"	120289
under section 152 of the Internal Revenue Code but for the fact	120290
that the person fails to meet the income and support limitations	120291
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	120292

(d) For purposes of division (A)(11) of this section,	120293
"medical care" has the meaning given in section 213 of the	120294
Internal Revenue Code, subject to the special rules, limitations,	120295
and exclusions set forth therein, and "qualified long-term care"	120296
has the same meaning given in section 7702B(c) of the Internal	120297
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	120298
of this section, "dependent" includes a person who otherwise	120299
would be a "qualifying relative" and thus a "dependent" under	120300
section 152 of the Internal Revenue Code but for the fact that	120301
the person fails to meet the income and support limitations under	120302
section 152(d)(1)(B) and (C) of the Internal Revenue Code.	120303

(12)(a) Deduct any amount included in federal adjusted gross	120304
income solely because the amount represents a reimbursement or	120305
refund of expenses that in any year the taxpayer had deducted as	120306
an itemized deduction pursuant to section 63 of the Internal	120307
Revenue Code and applicable United States department of the	120308
treasury regulations. The deduction otherwise allowed under	120309
division (A)(12)(a) of this section shall be reduced to the extent	120310
the reimbursement is attributable to an amount the taxpayer	120311
deducted under this section in any taxable year.	120312

(b) Add any amount not otherwise included in Ohio adjusted	120313
gross income for any taxable year to the extent that the amount is	120314
attributable to the recovery during the taxable year of any amount	120315
deducted or excluded in computing federal or Ohio adjusted gross	120316
income in any taxable year.	120317

(13) Deduct any portion of the deduction described in section	120318
1341(a)(2) of the Internal Revenue Code, for repaying previously	120319
reported income received under a claim of right, that meets both	120320
of the following requirements:	120321

(a) It is allowable for repayment of an item that was	120322
included in the taxpayer's adjusted gross income for a prior	120323
taxable year and did not qualify for a credit under division (A)	120324
or (B) of section 5747.05 of the Revised Code for that year;	120325

(b) It does not otherwise reduce the taxpayer's adjusted	120326
gross income for the current or any other taxable year.	120327

(14) Deduct an amount equal to the deposits made to, and net	120328
investment earnings of, a medical savings account during the	120329
taxable year, in accordance with section 3924.66 of the Revised	120330
Code. The deduction allowed by division (A)(14) of this section	120331
does not apply to medical savings account deposits and earnings	120332
otherwise deducted or excluded for the current or any other	120333
taxable year from the taxpayer's federal adjusted gross income.	120334

(15)(a) Add an amount equal to the funds withdrawn from a	120335
medical savings account during the taxable year, and the net	120336
investment earnings on those funds, when the funds withdrawn were	120337
used for any purpose other than to reimburse an account holder	120338
for, or to pay, eligible medical expenses, in accordance with	120339
section 3924.66 of the Revised Code;	120340

(b) Add the amounts distributed from a medical savings	120341
account under division (A)(2) of section 3924.68 of the Revised	120342
Code during the taxable year.	120343

(16) Add any amount claimed as a credit under section	120344
5747.059 of the Revised Code to the extent that such amount	120345
satisfies either of the following:	120346

(a) The amount was deducted or excluded from the computation	120347
of the taxpayer's federal adjusted gross income as required to be	120348
reported for the taxpayer's taxable year under the Internal	120349
Revenue Code;	120350

(b) The amount resulted in a reduction of the taxpayer's	120351
federal adjusted gross income as required to be reported for any	120352
of the taxpayer's taxable years under the Internal Revenue Code.	120353

(17) Deduct the amount contributed by the taxpayer to an	120354
individual development account program established by a county	120355
department of job and family services pursuant to sections 329.11	120356
to 329.14 of the Revised Code for the purpose of matching funds	120357
deposited by program participants. On request of the tax	120358
commissioner, the taxpayer shall provide any information that, in	120359
the tax commissioner's opinion, is necessary to establish the	120360
amount deducted under division (A)(17) of this section.	120361

(18) Beginning in taxable year 2001 but not for any taxable	120362
year beginning after December 31, 2005, if the taxpayer is married	120363
and files a joint return and the combined federal adjusted gross	120364
income of the taxpayer and the taxpayer's spouse for the taxable	120365
year does not exceed one hundred thousand dollars, or if the	120366
taxpayer is single and has a federal adjusted gross income for the	120367
taxable year not exceeding fifty thousand dollars, deduct amounts	120368
paid during the taxable year for qualified tuition and fees paid	120369
to an eligible institution for the taxpayer, the taxpayer's	120370
spouse, or any dependent of the taxpayer, who is a resident of	120371
this state and is enrolled in or attending a program that	120372
culminates in a degree or diploma at an eligible institution. The	120373
deduction may be claimed only to the extent that qualified tuition	120374
and fees are not otherwise deducted or excluded for any taxable	120375
year from federal or Ohio adjusted gross income. The deduction may	120376
not be claimed for educational expenses for which the taxpayer	120377
claims a credit under section 5747.27 of the Revised Code.	120378

(19) Add any reimbursement received during the taxable year	120379
of any amount the taxpayer deducted under division (A)(18) of this	120380
section in any previous taxable year to the extent the amount is	120381
not otherwise included in Ohio adjusted gross income.	120382

(20)(a)(i) Add five-sixths of the amount of depreciation	120383
expense allowed by subsection (k) of section 168 of the Internal	120384
Revenue Code, including the taxpayer's proportionate or	120385
distributive share of the amount of depreciation expense allowed	120386
by that subsection to a pass-through entity in which the taxpayer	120387
has a direct or indirect ownership interest.	120388

(ii) Add five-sixths of the amount of qualifying section 179	120389
depreciation expense, including a person's proportionate or	120390
distributive share of the amount of qualifying section 179	120391
depreciation expense allowed to any pass-through entity in which	120392
the person has a direct or indirect ownership. For the purposes of	120393
this division, "qualifying section 179 depreciation expense" means	120394
the difference between (I) the amount of depreciation expense	120395
directly or indirectly allowed to the taxpayer under section 179	120396
of the Internal Revenue Code, and (II) the amount of depreciation	120397
expense directly or indirectly allowed to the taxpayer under	120398
section 179 of the Internal Revenue Code as that section existed	120399
on December 31, 2002.	120400

The tax commissioner, under procedures established by the	120401
commissioner, may waive the add-backs related to a pass-through	120402
entity if the taxpayer owns, directly or indirectly, less than	120403
five per cent of the pass-through entity.	120404

(b) Nothing in division (A)(20) of this section shall be	120405
construed to adjust or modify the adjusted basis of any asset.	120406

(c) To the extent the add-back required under division	120407
(A)(20)(a) of this section is attributable to property generating	120408
nonbusiness income or loss allocated under section 5747.20 of the	120409
Revised Code, the add-back shall be sitused to the same location	120410
as the nonbusiness income or loss generated by the property for	120411
the purpose of determining the credit under division (A) of	120412
section 5747.05 of the Revised Code. Otherwise, the add-back shall	120413
be apportioned, subject to one or more of the four alternative	120414
methods of apportionment enumerated in section 5747.21 of the	120415
Revised Code.	120416

(d) For the purposes of division (A) of this section, net	120417
operating loss carryback and carryforward shall not include	120418
five-sixths of the allowance of any net operating loss deduction	120419
carryback or carryforward to the taxable year to the extent such	120420
loss resulted from depreciation allowed by section 168(k) of the	120421
Internal Revenue Code and by the qualifying section 179	120422
depreciation expense amount.	120423

(21)(a) If the taxpayer was required to add an amount under	120424
division (A)(20)(a) of this section for a taxable year, deduct	120425
one-fifth of the amount so added for each of the five succeeding	120426
taxable years.	120427

(b) If the amount deducted under division (A)(21)(a) of this	120428
section is attributable to an add-back allocated under division	120429
(A)(20)(c) of this section, the amount deducted shall be sitused	120430
to the same location. Otherwise, the add-back shall be apportioned	120431
using the apportionment factors for the taxable year in which the	120432
deduction is taken, subject to one or more of the four alternative	120433
methods of apportionment enumerated in section 5747.21 of the	120434
Revised Code.	120435

(c) No deduction is available under division (A)(21)(a) of	120436
this section with regard to any depreciation allowed by section	120437
168(k) of the Internal Revenue Code and by the qualifying section	120438
179 depreciation expense amount to the extent that such	120439
depreciation resulted in or increased a federal net operating loss	120440
carryback or carryforward to a taxable year to which division	120441
(A)(20)(d) of this section does not apply.	120442

(22) Deduct, to the extent not otherwise deducted or excluded	120443
in computing federal or Ohio adjusted gross income for the taxable	120444
year, the amount the taxpayer received during the taxable year as	120445
reimbursement for life insurance premiums under section 5919.31 of	120446
the Revised Code.	120447

(23) Deduct, to the extent not otherwise deducted or excluded	120448
in computing federal or Ohio adjusted gross income for the taxable	120449
year, the amount the taxpayer received during the taxable year as	120450
a death benefit paid by the adjutant general under section 5919.33	120451
of the Revised Code.	120452

(24) Deduct, to the extent included in federal adjusted gross	120453
income and not otherwise allowable as a deduction or exclusion in	120454
computing federal or Ohio adjusted gross income for the taxable	120455
year, military pay and allowances received by the taxpayer during	120456
the taxable year for active duty service in the United States	120457
army, air force, navy, marine corps, or coast guard or reserve	120458
components thereof or the national guard. The deduction may not be	120459
claimed for military pay and allowances received by the taxpayer	120460
while the taxpayer is stationed in this state.	120461

(25) Deduct, to the extent not otherwise allowable as a	120462
deduction or exclusion in computing federal or Ohio adjusted gross	120463
income for the taxable year and not otherwise compensated for by	120464
any other source, the amount of qualified organ donation expenses	120465
incurred by the taxpayer during the taxable year, not to exceed	120466
ten thousand dollars. A taxpayer may deduct qualified organ	120467
donation expenses only once for all taxable years beginning with	120468
taxable years beginning in 2007.	120469

For the purposes of division (A)(25) of this section:

120470

(a) "Human organ" means all or any portion of a human liver,	120471
pancreas, kidney, intestine, or lung, and any portion of human	120472
bone marrow.	120473

(b) "Qualified organ donation expenses" means travel	120474
expenses, lodging expenses, and wages and salary forgone by a	120475
taxpayer in connection with the taxpayer's donation, while living,	120476
of one or more of the taxpayer's human organs to another human	120477
being.	120478

(26) Deduct, to the extent not otherwise deducted or excluded	120479
in computing federal or Ohio adjusted gross income for the taxable	120480
year, amounts received by the taxpayer as retired military	120481
personnel pay for service in the United States army, navy, air	120482
force, coast guard, or marine corps or reserve components thereof,	120483
or the national guard, or received by the surviving spouse or	120484
former spouse of such a taxpayer under the survivor benefit plan	120485
on account of such a taxpayer's death. If the taxpayer receives	120486
income on account of retirement paid under the federal civil	120487
service retirement system or federal employees retirement system,	120488
or under any successor retirement program enacted by the congress	120489
of the United States that is established and maintained for	120490
retired employees of the United States government, and such	120491
retirement income is based, in whole or in part, on credit for	120492
the taxpayer's military service, the deduction allowed under this	120493
division shall include only that portion of such retirement	120494
income that is attributable to the taxpayer's military service,	120495
to the extent that portion of such retirement income is otherwise	120496
included in federal adjusted gross income and is not otherwise	120497
deducted under this section. Any amount deducted under division	120498
(A)(26) of this section is not included in a taxpayer's	120499
adjusted gross income for the purposes of section 5747.055 of	120500
the Revised Code. No amount may be deducted under division	120501
(A)(26) of this section on the basis of which a credit was	120502
claimed under section 5747.055 of the Revised Code.	120503

(27) Deduct, to the extent not otherwise deducted or excluded	120504
in computing federal or Ohio adjusted gross income for the taxable	120505
year, the amount the taxpayer received during the taxable year	120506
from the military injury relief fund created in section 5101.98 of	120507
the Revised Code.	120508

(B) "Business income" means income, including gain or loss,	120509
arising from transactions, activities, and sources in the regular	120510
course of a trade or business and includes income, gain, or loss	120511
from real property, tangible property, and intangible property if	120512
the acquisition, rental, management, and disposition of the	120513
property constitute integral parts of the regular course of a	120514
trade or business operation. "Business income" includes income,	120515
including gain or loss, from a partial or complete liquidation of	120516
a business, including, but not limited to, gain or loss from the	120517
sale or other disposition of goodwill.	120518

(C) "Nonbusiness income" means all income other than business	120519
income and may include, but is not limited to, compensation, rents	120520
and royalties from real or tangible personal property, capital	120521
gains, interest, dividends and distributions, patent or copyright	120522
royalties, or lottery winnings, prizes, and awards.	120523

(D) "Compensation" means any form of remuneration paid to an	120524
employee for personal services.	120525

(E) "Fiduciary" means a guardian, trustee, executor,	120526
administrator, receiver, conservator, or any other person acting	120527
in any fiduciary capacity for any individual, trust, or estate.	120528

(F) "Fiscal year" means an accounting period of twelve months	120529
ending on the last day of any month other than December.	120530

(G) "Individual" means any natural person.

120531

(H) "Internal Revenue Code" means the "Internal Revenue Code	120532
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	120533

(I) "Resident" means any of the following, provided that	120534
division (I)(3) of this section applies only to taxable years of a	120535
trust beginning in 2002 or thereafter:	120536

(1) An individual who is domiciled in this state, subject to	120537
section 5747.24 of the Revised Code;	120538

(2) The estate of a decedent who at the time of death was	120539
domiciled in this state. The domicile tests of section 5747.24 of	120540
the Revised Code are not controlling for purposes of division	120541
(I)(2) of this section.	120542

(3) A trust that, in whole or part, resides in this state. If	120543
only part of a trust resides in this state, the trust is a	120544
resident only with respect to that part.	120545

For the purposes of division (I)(3) of this section:

120546

(a) A trust resides in this state for the trust's current	120547
taxable year to the extent, as described in division (I)(3)(d) of	120548
this section, that the trust consists directly or indirectly, in	120549
whole or in part, of assets, net of any related liabilities, that	120550
were transferred, or caused to be transferred, directly or	120551
indirectly, to the trust by any of the following:	120552

(i) A person, a court, or a governmental entity or	120553
instrumentality on account of the death of a decedent, but only if	120554
the trust is described in division (I)(3)(e)(i) or (ii) of this	120555
section;	120556

(ii) A person who was domiciled in this state for the	120557
purposes of this chapter when the person directly or indirectly	120558
transferred assets to an irrevocable trust, but only if at least	120559
one of the trust's qualifying beneficiaries is domiciled in this	120560
state for the purposes of this chapter during all or some portion	120561
of the trust's current taxable year;	120562

(iii) A person who was domiciled in this state for the	120563
purposes of this chapter when the trust document or instrument or	120564
part of the trust document or instrument became irrevocable, but	120565
only if at least one of the trust's qualifying beneficiaries is a	120566
resident domiciled in this state for the purposes of this chapter	120567
during all or some portion of the trust's current taxable year. If	120568
a trust document or instrument became irrevocable upon the death	120569
of a person who at the time of death was domiciled in this state	120570
for purposes of this chapter, that person is a person described in	120571
division (I)(3)(a)(iii) of this section.	120572

(b) A trust is irrevocable to the extent that the transferor	120573
is not considered to be the owner of the net assets of the trust	120574
under sections 671 to 678 of the Internal Revenue Code.	120575

(c) With respect to a trust other than a charitable lead	120576
trust, "qualifying beneficiary" has the same meaning as "potential	120577
current beneficiary" as defined in section 1361(e)(2) of the	120578
Internal Revenue Code, and with respect to a charitable lead trust	120579
"qualifying beneficiary" is any current, future, or contingent	120580
beneficiary, but with respect to any trust "qualifying	120581
beneficiary" excludes a person or a governmental entity or	120582
instrumentality to any of which a contribution would qualify for	120583
the charitable deduction under section 170 of the Internal Revenue	120584
Code.	120585

(d) For the purposes of division (I)(3)(a) of this section,	120586
the extent to which a trust consists directly or indirectly, in	120587
whole or in part, of assets, net of any related liabilities, that	120588
were transferred directly or indirectly, in whole or part, to the	120589
trust by any of the sources enumerated in that division shall be	120590
ascertained by multiplying the fair market value of the trust's	120591
assets, net of related liabilities, by the qualifying ratio, which	120592
shall be computed as follows:	120593

(i) The first time the trust receives assets, the numerator	120594
of the qualifying ratio is the fair market value of those assets	120595
at that time, net of any related liabilities, from sources	120596
enumerated in division (I)(3)(a) of this section. The denominator	120597
of the qualifying ratio is the fair market value of all the	120598
trust's assets at that time, net of any related liabilities.	120599

(ii) Each subsequent time the trust receives assets, a	120600
revised qualifying ratio shall be computed. The numerator of the	120601
revised qualifying ratio is the sum of (1) the fair market value	120602
of the trust's assets immediately prior to the subsequent	120603
transfer, net of any related liabilities, multiplied by the	120604
qualifying ratio last computed without regard to the subsequent	120605
transfer, and (2) the fair market value of the subsequently	120606
transferred assets at the time transferred, net of any related	120607
liabilities, from sources enumerated in division (I)(3)(a) of this	120608
section. The denominator of the revised qualifying ratio is the	120609
fair market value of all the trust's assets immediately after the	120610
subsequent transfer, net of any related liabilities.	120611

(iii) Whether a transfer to the trust is by or from any of	120612
the sources enumerated in division (I)(3)(a) of this section shall	120613
be ascertained without regard to the domicile of the trust's	120614
beneficiaries.	120615

(e) For the purposes of division (I)(3)(a)(i) of this	120616
section:	120617

(i) A trust is described in division (I)(3)(e)(i) of this	120618
section if the trust is a testamentary trust and the testator of	120619
that testamentary trust was domiciled in this state at the time of	120620
the testator's death for purposes of the taxes levied under	120621
Chapter 5731. of the Revised Code.	120622

(ii) A trust is described in division (I)(3)(e)(ii) of this	120623
section if the transfer is a qualifying transfer described in any	120624
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	120625
irrevocable inter vivos trust, and at least one of the trust's	120626
qualifying beneficiaries is domiciled in this state for purposes	120627
of this chapter during all or some portion of the trust's current	120628
taxable year.	120629

(f) For the purposes of division (I)(3)(e)(ii) of this	120630
section, a "qualifying transfer" is a transfer of assets, net of	120631
any related liabilities, directly or indirectly to a trust, if the	120632
transfer is described in any of the following:	120633

(i) The transfer is made to a trust, created by the decedent	120634
before the decedent's death and while the decedent was domiciled	120635
in this state for the purposes of this chapter, and, prior to the	120636
death of the decedent, the trust became irrevocable while the	120637
decedent was domiciled in this state for the purposes of this	120638
chapter.	120639

(ii) The transfer is made to a trust to which the decedent,	120640
prior to the decedent's death, had directly or indirectly	120641
transferred assets, net of any related liabilities, while the	120642
decedent was domiciled in this state for the purposes of this	120643
chapter, and prior to the death of the decedent the trust became	120644
irrevocable while the decedent was domiciled in this state for the	120645
purposes of this chapter.	120646

(iii) The transfer is made on account of a contractual	120647
relationship existing directly or indirectly between the	120648
transferor and either the decedent or the estate of the decedent	120649
at any time prior to the date of the decedent's death, and the	120650
decedent was domiciled in this state at the time of death for	120651
purposes of the taxes levied under Chapter 5731. of the Revised	120652
Code.	120653

(iv) The transfer is made to a trust on account of a	120654
contractual relationship existing directly or indirectly between	120655
the transferor and another person who at the time of the	120656
decedent's death was domiciled in this state for purposes of this	120657
chapter.	120658

(v) The transfer is made to a trust on account of the will of	120659
a testator.	120660

(vi) The transfer is made to a trust created by or caused to	120661
be created by a court, and the trust was directly or indirectly	120662
created in connection with or as a result of the death of an	120663
individual who, for purposes of the taxes levied under Chapter	120664
5731. of the Revised Code, was domiciled in this state at the time	120665
of the individual's death.	120666

(g) The tax commissioner may adopt rules to ascertain the	120667
part of a trust residing in this state.	120668

(J) "Nonresident" means an individual or estate that is not a	120669
resident. An individual who is a resident for only part of a	120670
taxable year is a nonresident for the remainder of that taxable	120671
year.	120672

(K) "Pass-through entity" has the same meaning as in section	120673
5733.04 of the Revised Code.	120674

(L) "Return" means the notifications and reports required to	120675
be filed pursuant to this chapter for the purpose of reporting the	120676
tax due and includes declarations of estimated tax when so	120677
required.	120678

(M) "Taxable year" means the calendar year or the taxpayer's	120679
fiscal year ending during the calendar year, or fractional part	120680
thereof, upon which the adjusted gross income is calculated	120681
pursuant to this chapter.	120682

(N) "Taxpayer" means any person subject to the tax imposed by	120683
section 5747.02 of the Revised Code or any pass-through entity	120684
that makes the election under division (D) of section 5747.08 of	120685
the Revised Code.	120686

(O) "Dependents" means dependents as defined in the Internal	120687
Revenue Code and as claimed in the taxpayer's federal income tax	120688
return for the taxable year or which the taxpayer would have been	120689
permitted to claim had the taxpayer filed a federal income tax	120690
return.	120691

(P) "Principal county of employment" means, in the case of a	120692
nonresident, the county within the state in which a taxpayer	120693
performs services for an employer or, if those services are	120694
performed in more than one county, the county in which the major	120695
portion of the services are performed.	120696

(Q) As used in sections 5747.50 to 5747.55 of the Revised	120697
Code:	120698

(1) "Subdivision" means any county, municipal corporation,	120699
park district, or township.	120700

(2) "Essential local government purposes" includes all	120701
functions that any subdivision is required by general law to	120702
exercise, including like functions that are exercised under a	120703
charter adopted pursuant to the Ohio Constitution.	120704

(R) "Overpayment" means any amount already paid that exceeds	120705
the figure determined to be the correct amount of the tax.	120706

(S) "Taxable income" or "Ohio taxable income" applies only to	120707
estates and trusts, and means federal taxable income, as defined	120708
and used in the Internal Revenue Code, adjusted as follows:	120709

(1) Add interest or dividends, net of ordinary, necessary,	120710
and reasonable expenses not deducted in computing federal taxable	120711
income, on obligations or securities of any state or of any	120712
political subdivision or authority of any state, other than this	120713
state and its subdivisions and authorities, but only to the extent	120714
that such net amount is not otherwise includible in Ohio taxable	120715
income and is described in either division (S)(1)(a) or (b) of	120716
this section:	120717

(a) The net amount is not attributable to the S portion of an	120718
electing small business trust and has not been distributed to	120719
beneficiaries for the taxable year;	120720

(b) The net amount is attributable to the S portion of an	120721
electing small business trust for the taxable year.	120722

(2) Add interest or dividends, net of ordinary, necessary,	120723
and reasonable expenses not deducted in computing federal taxable	120724
income, on obligations of any authority, commission,	120725
instrumentality, territory, or possession of the United States to	120726
the extent that the interest or dividends are exempt from federal	120727
income taxes but not from state income taxes, but only to the	120728
extent that such net amount is not otherwise includible in Ohio	120729
taxable income and is described in either division (S)(1)(a) or	120730
(b) of this section;	120731

(3) Add the amount of personal exemption allowed to the	120732
estate pursuant to section 642(b) of the Internal Revenue Code;	120733

(4) Deduct interest or dividends, net of related expenses	120734
deducted in computing federal taxable income, on obligations of	120735
the United States and its territories and possessions or of any	120736
authority, commission, or instrumentality of the United States to	120737
the extent that the interest or dividends are exempt from state	120738
taxes under the laws of the United States, but only to the extent	120739
that such amount is included in federal taxable income and is	120740
described in either division (S)(1)(a) or (b) of this section;	120741

(5) Deduct the amount of wages and salaries, if any, not	120742
otherwise allowable as a deduction but that would have been	120743
allowable as a deduction in computing federal taxable income for	120744
the taxable year, had the targeted jobs credit allowed under	120745
sections 38, 51, and 52 of the Internal Revenue Code not been in	120746
effect, but only to the extent such amount relates either to	120747
income included in federal taxable income for the taxable year or	120748
to income of the S portion of an electing small business trust for	120749
the taxable year;	120750

(6) Deduct any interest or interest equivalent, net of	120751
related expenses deducted in computing federal taxable income, on	120752
public obligations and purchase obligations, but only to the	120753
extent that such net amount relates either to income included in	120754
federal taxable income for the taxable year or to income of the S	120755
portion of an electing small business trust for the taxable year;	120756

(7) Add any loss or deduct any gain resulting from sale,	120757
exchange, or other disposition of public obligations to the extent	120758
that such loss has been deducted or such gain has been included in	120759
computing either federal taxable income or income of the S portion	120760
of an electing small business trust for the taxable year;	120761

(8) Except in the case of the final return of an estate, add	120762
any amount deducted by the taxpayer on both its Ohio estate tax	120763
return pursuant to section 5731.14 of the Revised Code, and on its	120764
federal income tax return in determining federal taxable income;	120765

(9)(a) Deduct any amount included in federal taxable income	120766
solely because the amount represents a reimbursement or refund of	120767
expenses that in a previous year the decedent had deducted as an	120768
itemized deduction pursuant to section 63 of the Internal Revenue	120769
Code and applicable treasury regulations. The deduction otherwise	120770
allowed under division (S)(9)(a) of this section shall be reduced	120771
to the extent the reimbursement is attributable to an amount the	120772
taxpayer or decedent deducted under this section in any taxable	120773
year.	120774

(b) Add any amount not otherwise included in Ohio taxable	120775
income for any taxable year to the extent that the amount is	120776
attributable to the recovery during the taxable year of any amount	120777
deducted or excluded in computing federal or Ohio taxable income	120778
in any taxable year, but only to the extent such amount has not	120779
been distributed to beneficiaries for the taxable year.	120780

(10) Deduct any portion of the deduction described in section	120781
1341(a)(2) of the Internal Revenue Code, for repaying previously	120782
reported income received under a claim of right, that meets both	120783
of the following requirements:	120784

(a) It is allowable for repayment of an item that was	120785
included in the taxpayer's taxable income or the decedent's	120786
adjusted gross income for a prior taxable year and did not qualify	120787
for a credit under division (A) or (B) of section 5747.05 of the	120788
Revised Code for that year.	120789

(b) It does not otherwise reduce the taxpayer's taxable	120790
income or the decedent's adjusted gross income for the current or	120791
any other taxable year.	120792

(11) Add any amount claimed as a credit under section	120793
5747.059 of the Revised Code to the extent that the amount	120794
satisfies either of the following:	120795

(a) The amount was deducted or excluded from the computation	120796
of the taxpayer's federal taxable income as required to be	120797
reported for the taxpayer's taxable year under the Internal	120798
Revenue Code;	120799

(b) The amount resulted in a reduction in the taxpayer's	120800
federal taxable income as required to be reported for any of the	120801
taxpayer's taxable years under the Internal Revenue Code.	120802

(12) Deduct any amount, net of related expenses deducted in	120803
computing federal taxable income, that a trust is required to	120804
report as farm income on its federal income tax return, but only	120805
if the assets of the trust include at least ten acres of land	120806
satisfying the definition of "land devoted exclusively to	120807
agricultural use" under section 5713.30 of the Revised Code,	120808
regardless of whether the land is valued for tax purposes as such	120809
land under sections 5713.30 to 5713.38 of the Revised Code. If the	120810
trust is a pass-through entity investor, section 5747.231 of the	120811
Revised Code applies in ascertaining if the trust is eligible to	120812
claim the deduction provided by division (S)(12) of this section	120813
in connection with the pass-through entity's farm income.	120814

Except for farm income attributable to the S portion of an	120815
electing small business trust, the deduction provided by division	120816
(S)(12) of this section is allowed only to the extent that the	120817
trust has not distributed such farm income. Division (S)(12) of	120818
this section applies only to taxable years of a trust beginning in	120819
2002 or thereafter.	120820

(13) Add the net amount of income described in section 641(c)	120821
of the Internal Revenue Code to the extent that amount is not	120822
included in federal taxable income.	120823

(14) Add or deduct the amount the taxpayer would be required	120824
to add or deduct under division (A)(20) or (21) of this section if	120825
the taxpayer's Ohio taxable income were computed in the same	120826
manner as an individual's Ohio adjusted gross income is computed	120827
under this section. In the case of a trust, division (S)(14) of	120828
this section applies only to any of the trust's taxable years	120829
beginning in 2002 or thereafter.	120830

(T) "School district income" and "school district income tax"	120831
have the same meanings as in section 5748.01 of the Revised Code.	120832

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	120833
of this section, "public obligations," "purchase obligations," and	120834
"interest or interest equivalent" have the same meanings as in	120835
section 5709.76 of the Revised Code.	120836

(V) "Limited liability company" means any limited liability	120837
company formed under Chapter 1705. of the Revised Code or under	120838
the laws of any other state.	120839

(W) "Pass-through entity investor" means any person who,	120840
during any portion of a taxable year of a pass-through entity, is	120841
a partner, member, shareholder, or equity investor in that	120842
pass-through entity.	120843

(X) "Banking day" has the same meaning as in section 1304.01	120844
of the Revised Code.	120845

(Y) "Month" means a calendar month.

120846

(Z) "Quarter" means the first three months, the second three	120847
months, the third three months, or the last three months of the	120848
taxpayer's taxable year.	120849

(AA)(1) "Eligible institution" means a state university or	120850
state institution of higher education as defined in section	120851
3345.011 of the Revised Code, or a private, nonprofit college,	120852
university, or other post-secondary institution located in this	120853
state that possesses a certificate of authorization issued by the	120854
Ohio board of regents pursuant to Chapter 1713. of the Revised	120855
Code or a certificate of registration issued by the state board of	120856
career colleges and schools under Chapter 3332. of the Revised	120857
Code.	120858

(2) "Qualified tuition and fees" means tuition and fees	120859
imposed by an eligible institution as a condition of enrollment or	120860
attendance, not exceeding two thousand five hundred dollars in	120861
each of the individual's first two years of post-secondary	120862
education. If the individual is a part-time student, "qualified	120863
tuition and fees" includes tuition and fees paid for the academic	120864
equivalent of the first two years of post-secondary education	120865
during a maximum of five taxable years, not exceeding a total of	120866
five thousand dollars. "Qualified tuition and fees" does not	120867
include:	120868

(a) Expenses for any course or activity involving sports,	120869
games, or hobbies unless the course or activity is part of the	120870
individual's degree or diploma program;	120871

(b) The cost of books, room and board, student activity fees,	120872
athletic fees, insurance expenses, or other expenses unrelated to	120873
the individual's academic course of instruction;	120874

(c) Tuition, fees, or other expenses paid or reimbursed	120875
through an employer, scholarship, grant in aid, or other	120876
educational benefit program.	120877

(BB)(1) "Modified business income" means the business income	120878
included in a trust's Ohio taxable income after such taxable	120879
income is first reduced by the qualifying trust amount, if any.	120880

(2) "Qualifying trust amount" of a trust means capital gains	120881
and losses from the sale, exchange, or other disposition of equity	120882
or ownership interests in, or debt obligations of, a qualifying	120883
investee to the extent included in the trust's Ohio taxable	120884
income, but only if the following requirements are satisfied:	120885

(a) The book value of the qualifying investee's physical	120886
assets in this state and everywhere, as of the last day of the	120887
qualifying investee's fiscal or calendar year ending immediately	120888
prior to the date on which the trust recognizes the gain or loss,	120889
is available to the trust.	120890

(b) The requirements of section 5747.011 of the Revised Code	120891
are satisfied for the trust's taxable year in which the trust	120892
recognizes the gain or loss.	120893

Any gain or loss that is not a qualifying trust amount is	120894
modified business income, qualifying investment income, or	120895
modified nonbusiness income, as the case may be.	120896

(3) "Modified nonbusiness income" means a trust's Ohio	120897
taxable income other than modified business income, other than the	120898
qualifying trust amount, and other than qualifying investment	120899
income, as defined in section 5747.012 of the Revised Code, to the	120900
extent such qualifying investment income is not otherwise part of	120901
modified business income.	120902

(4) "Modified Ohio taxable income" applies only to trusts,	120903
and means the sum of the amounts described in divisions (BB)(4)(a)	120904
to (c) of this section:	120905

(a) The fraction, calculated under section 5747.013, and	120906
applying section 5747.231 of the Revised Code, multiplied by the	120907
sum of the following amounts:	120908

(i) The trust's modified business income;

120909

(ii) The trust's qualifying investment income, as defined in	120910
section 5747.012 of the Revised Code, but only to the extent the	120911
qualifying investment income does not otherwise constitute	120912
modified business income and does not otherwise constitute a	120913
qualifying trust amount.	120914

(b) The qualifying trust amount multiplied by a fraction, the	120915
numerator of which is the sum of the book value of the qualifying	120916
investee's physical assets in this state on the last day of the	120917
qualifying investee's fiscal or calendar year ending immediately	120918
prior to the day on which the trust recognizes the qualifying	120919
trust amount, and the denominator of which is the sum of the book	120920
value of the qualifying investee's total physical assets	120921
everywhere on the last day of the qualifying investee's fiscal or	120922
calendar year ending immediately prior to the day on which the	120923
trust recognizes the qualifying trust amount. If, for a taxable	120924
year, the trust recognizes a qualifying trust amount with respect	120925
to more than one qualifying investee, the amount described in	120926
division (BB)(4)(b) of this section shall equal the sum of the	120927
products so computed for each such qualifying investee.	120928

(c)(i) With respect to a trust or portion of a trust that is	120929
a resident as ascertained in accordance with division (I)(3)(d) of	120930
this section, its modified nonbusiness income.	120931

(ii) With respect to a trust or portion of a trust that is	120932
not a resident as ascertained in accordance with division	120933
(I)(3)(d) of this section, the amount of its modified nonbusiness	120934
income satisfying the descriptions in divisions (B)(2) to (5) of	120935
section 5747.20 of the Revised Code, except as otherwise provided	120936
in division (BB)(4)(c)(ii) of this section. With respect to a	120937
trust or portion of a trust that is not a resident as ascertained	120938
in accordance with division (I)(3)(d) of this section, the trust's	120939
portion of modified nonbusiness income recognized from the sale,	120940
exchange, or other disposition of a debt interest in or equity	120941
interest in a section 5747.212 entity, as defined in section	120942
5747.212 of the Revised Code, without regard to division (A) of	120943
that section, shall not be allocated to this state in accordance	120944
with section 5747.20 of the Revised Code but shall be apportioned	120945
to this state in accordance with division (B) of section 5747.212	120946
of the Revised Code without regard to division (A) of that	120947
section.	120948

If the allocation and apportionment of a trust's income under	120949
divisions (BB)(4)(a) and (c) of this section do not fairly	120950
represent the modified Ohio taxable income of the trust in this	120951
state, the alternative methods described in division (C) of	120952
section 5747.21 of the Revised Code may be applied in the manner	120953
and to the same extent provided in that section.	120954

(5)(a) Except as set forth in division (BB)(5)(b) of this	120955
section, "qualifying investee" means a person in which a trust has	120956
an equity or ownership interest, or a person or unit of government	120957
the debt obligations of either of which are owned by a trust. For	120958
the purposes of division (BB)(2)(a) of this section and for the	120959
purpose of computing the fraction described in division (BB)(4)(b)	120960
of this section, all of the following apply:	120961

(i) If the qualifying investee is a member of a qualifying	120962
controlled group on the last day of the qualifying investee's	120963
fiscal or calendar year ending immediately prior to the date on	120964
which the trust recognizes the gain or loss, then "qualifying	120965
investee" includes all persons in the qualifying controlled group	120966
on such last day.	120967

(ii) If the qualifying investee, or if the qualifying	120968
investee and any members of the qualifying controlled group of	120969
which the qualifying investee is a member on the last day of the	120970
qualifying investee's fiscal or calendar year ending immediately	120971
prior to the date on which the trust recognizes the gain or loss,	120972
separately or cumulatively own, directly or indirectly, on the	120973
last day of the qualifying investee's fiscal or calendar year	120974
ending immediately prior to the date on which the trust recognizes	120975
the qualifying trust amount, more than fifty per cent of the	120976
equity of a pass-through entity, then the qualifying investee and	120977
the other members are deemed to own the proportionate share of the	120978
pass-through entity's physical assets which the pass-through	120979
entity directly or indirectly owns on the last day of the	120980
pass-through entity's calendar or fiscal year ending within or	120981
with the last day of the qualifying investee's fiscal or calendar	120982
year ending immediately prior to the date on which the trust	120983
recognizes the qualifying trust amount.	120984

(iii) For the purposes of division (BB)(5)(a)(iii) of this	120985
section, "upper level pass-through entity" means a pass-through	120986
entity directly or indirectly owning any equity of another	120987
pass-through entity, and "lower level pass-through entity" means	120988
that other pass-through entity.	120989

An upper level pass-through entity, whether or not it is also	120990
a qualifying investee, is deemed to own, on the last day of the	120991
upper level pass-through entity's calendar or fiscal year, the	120992
proportionate share of the lower level pass-through entity's	120993
physical assets that the lower level pass-through entity directly	120994
or indirectly owns on the last day of the lower level pass-through	120995
entity's calendar or fiscal year ending within or with the last	120996
day of the upper level pass-through entity's fiscal or calendar	120997
year. If the upper level pass-through entity directly and	120998
indirectly owns less than fifty per cent of the equity of the	120999
lower level pass-through entity on each day of the upper level	121000
pass-through entity's calendar or fiscal year in which or with	121001
which ends the calendar or fiscal year of the lower level	121002
pass-through entity and if, based upon clear and convincing	121003
evidence, complete information about the location and cost of the	121004
physical assets of the lower pass-through entity is not available	121005
to the upper level pass-through entity, then solely for purposes	121006
of ascertaining if a gain or loss constitutes a qualifying trust	121007
amount, the upper level pass-through entity shall be deemed as	121008
owning no equity of the lower level pass-through entity for each	121009
day during the upper level pass-through entity's calendar or	121010
fiscal year in which or with which ends the lower level	121011
pass-through entity's calendar or fiscal year. Nothing in division	121012
(BB)(5)(a)(iii) of this section shall be construed to provide for	121013
any deduction or exclusion in computing any trust's Ohio taxable	121014
income.	121015

(b) With respect to a trust that is not a resident for the	121016
taxable year and with respect to a part of a trust that is not a	121017
resident for the taxable year, "qualifying investee" for that	121018
taxable year does not include a C corporation if both of the	121019
following apply:	121020

(i) During the taxable year the trust or part of the trust	121021
recognizes a gain or loss from the sale, exchange, or other	121022
disposition of equity or ownership interests in, or debt	121023
obligations of, the C corporation.	121024

(ii) Such gain or loss constitutes nonbusiness income.

121025

(6) "Available" means information is such that a person is	121026
able to learn of the information by the due date plus extensions,	121027
if any, for filing the return for the taxable year in which the	121028
trust recognizes the gain or loss.	121029

(CC) "Qualifying controlled group" has the same meaning as in	121030
section 5733.04 of the Revised Code.	121031

(DD) "Related member" has the same meaning as in section	121032
5733.042 of the Revised Code.	121033

(EE)(1) For the purposes of division (EE) of this section:

121034

(a) "Qualifying person" means any person other than a	121035
qualifying corporation.	121036

(b) "Qualifying corporation" means any person classified for	121037
federal income tax purposes as an association taxable as a	121038
corporation, except either of the following:	121039

(i) A corporation that has made an election under subchapter	121040
S, chapter one, subtitle A, of the Internal Revenue Code for its	121041
taxable year ending within, or on the last day of, the investor's	121042
taxable year;	121043

(ii) A subsidiary that is wholly owned by any corporation	121044
that has made an election under subchapter S, chapter one,	121045
subtitle A of the Internal Revenue Code for its taxable year	121046
ending within, or on the last day of, the investor's taxable year.	121047

(2) For the purposes of this chapter, unless expressly stated	121048
otherwise, no qualifying person indirectly owns any asset directly	121049
or indirectly owned by any qualifying corporation.	121050

(FF) For purposes of this chapter and Chapter 5751. of the	121051
Revised Code:	121052

(1) "Trust" does not include a qualified pre-income tax	121053
trust.	121054

(2) A "qualified pre-income tax trust" is any pre-income tax	121055
trust that makes a qualifying pre-income tax trust election as	121056
described in division (FF)(3) of this section.	121057

(3) A "qualifying pre-income tax trust election" is an	121058
election by a pre-income tax trust to subject to the tax imposed	121059
by section 5751.02 of the Revised Code the pre-income tax trust	121060
and all pass-through entities of which the trust owns or	121061
controls, directly, indirectly, or constructively through related	121062
interests, five per cent or more of the ownership or equity	121063
interests. The trustee shall notify the tax commissioner in	121064
writing of the election on or before April 15, 2006. The	121065
election, if timely made, shall be effective on and after January	121066
1, 2006, and shall apply for all tax periods and tax years until	121067
revoked by the trustee of the trust.	121068

(4) A "pre-income tax trust" is a trust that satisfies all of	121069
the following requirements:	121070

(a) The document or instrument creating the trust was	121071
executed by the grantor before January 1, 1972;	121072

(b) The trust became irrevocable upon the creation of the	121073
trust; and	121074

(c) The grantor was domiciled in this state at the time the	121075
trust was created.	121076

Sec. 5747.13. (A) If any employer collects the tax imposed	121077
by section 5747.02 or under Chapter 5748. of the Revised Code and	121078
fails to remit the tax as required by law, or fails to collect the	121079
tax, the employer is personally liable for any amount collected	121080
that the employer fails to remit, or any amount that the employer	121081
fails to collect. If any taxpayer fails to file a return or fails	121082
to pay the tax imposed by section 5747.02 or under Chapter 5748.	121083
of the Revised Code, the taxpayer is personally liable for the	121084
amount of the tax.	121085

If any employer, taxpayer, or qualifying entity required to	121086
file a return under this chapter fails to file the return within	121087
the time prescribed, files an incorrect return, fails to remit the	121088
full amount of the taxes due for the period covered by the return,	121089
or fails to remit any additional tax due as a result of a	121090
reduction in the amount of the credit allowed under division (B)	121091
of section 5747.05 of the Revised Code together with interest on	121092
the additional tax within the time prescribed by that division,	121093
the tax commissioner may make an assessment against any person	121094
liable for any deficiency for the period for which the return is	121095
or taxes are due, based upon any information in the commissioner's	121096
possession.	121097

An assessment issued against either the employer or the	121098
taxpayer pursuant to this section shall not be considered an	121099
election of remedies or a bar to an assessment against the other	121100
for failure to report or pay the same tax. No assessment shall be	121101
issued against any person if the tax actually has been paid by	121102
another.	121103

No assessment shall be made or issued against an employer,	121104
taxpayer, or qualifying entity more than four years after the	121105
final date the return subject to assessment was required to be	121106
filed or the date the return was filed, whichever is later.	121107
However, the commissioner may assess any balance due as the result	121108
of a reduction in the credit allowed under division (B) of section	121109
5747.05 of the Revised Code, including applicable penalty and	121110
interest, within four years of the date on which the taxpayer	121111
reports a change in either the portion of the taxpayer's adjusted	121112
gross income subjected to an income tax or tax measured by income	121113
in another state or the District of Columbia, or the amount of	121114
liability for an income tax or tax measured by income to another	121115
state or the District of Columbia, as required by division (B)(3)	121116
of section 5747.05 of the Revised Code. Such time limits may be	121117
extended if both the employer, taxpayer, or qualifying entity and	121118
the commissioner consent in writing to the extension or if an	121119
agreement waiving or extending the time limits has been entered	121120
into pursuant to section 122.171 of the Revised Code. Any such	121121
extension shall extend the four-year time limit in division (B) of	121122
section 5747.11 of the Revised Code for the same period of time.	121123
There shall be no bar or limit to an assessment against an	121124
employer for taxes withheld from employees and not remitted to the	121125
state, against an employer, taxpayer, or qualifying entity that	121126
fails to file a return subject to assessment as required by this	121127
chapter, or against an employer, taxpayer, or qualifying entity	121128
that files a fraudulent return.	121129

The commissioner shall give the party assessed written notice	121130
of the assessment in the manner provided in section 5703.37 of the	121131
Revised Code. With the notice, the commissioner shall provide	121132
instructions on how to petition for reassessment and request a	121133
hearing on the petition.	121134

(B) Unless the party assessed files with the tax commissioner	121135
within sixty days after service of the notice of assessment,	121136
either personally or by certified mail, a written petition for	121137
reassessment, signed by the party assessed or that party's	121138
authorized agent having knowledge of the facts, the assessment	121139
becomes final, and the amount of the assessment is due and payable	121140
from the party assessed to the commissioner with remittance made	121141
payable to the treasurer of state. The petition shall indicate the	121142
objections of the party assessed, but additional objections may be	121143
raised in writing if received by the commissioner prior to the	121144
date shown on the final determination. If the petition has been	121145
properly filed, the commissioner shall proceed under section	121146
5703.60 of the Revised Code.	121147

(C) After an assessment becomes final, if any portion of the	121148
assessment remains unpaid, including accrued interest, a certified	121149
copy of the tax commissioner's entry making the assessment final	121150
may be filed in the office of the clerk of the court of common	121151
pleas in the county in which the employer's, taxpayer's, or	121152
qualifying entity's place of business is located or the county in	121153
which the party assessed resides. If the party assessed is not a	121154
resident of this state, the certified copy of the entry may be	121155
filed in the office of the clerk of the court of common pleas of	121156
Franklin county.	121157

Immediately upon the filing of the entry, the clerk shall	121158
enter a judgment against the party assessed in the amount shown on	121159
the entry. The judgment shall be filed by the clerk in one of two	121160
loose-leaf books, one entitled "special judgments for state and	121161
school district income taxes," and the other entitled "special	121162
judgments for qualifying entity taxes." The judgment shall have	121163
the same effect as other judgments. Execution shall issue upon the	121164
judgment upon the request of the tax commissioner, and all laws	121165
applicable to sales on execution shall apply to sales made under	121166
the judgment.	121167

The portion of the assessment not paid within sixty days	121168
after the assessment was issued shall bear interest at the rate	121169
per annum prescribed by section 5703.47 of the Revised Code from	121170
the day the tax commissioner issues the assessment until it is	121171
paid. Interest shall be paid in the same manner as the tax and may	121172
be collected by the issuance of an assessment under this section.	121173

(D) All money collected under this section shall be	121174
considered as revenue arising from the taxes imposed by this	121175
chapter or Chapter 5733. or 5748. of the Revised Code, as	121176
appropriate.	121177

(E) ~~The portion of an assessment that must be paid upon the~~	121178
~~filing of a petition for reassessment shall be as follows:~~	121179

~~(1) If the sole item objected to is the assessed penalty or~~	121180
~~interest, payment of the assessment, including interest but not~~	121181
~~penalty, is required;~~	121182

~~(2) If the taxpayer or qualifying entity that is assessed~~	121183
~~failed to file, prior to the date of issuance of the assessment,~~	121184
~~the annual return or report required by section 5747.08 or 5747.42~~	121185
~~of the Revised Code, any amended return or amended report required~~	121186
~~by section 5747.10 or 5747.45 of the Revised Code for the taxable~~	121187
~~year at issue, or any report required by division (B) of section~~	121188
~~5747.05 of the Revised Code to indicate a reduction in the amount~~	121189
~~of the credit provided under that division, payment of the~~	121190
~~assessment, including interest but not penalty, is required,~~	121191
~~except as otherwise provided under division (E)(6) or (7) of this~~	121192
~~section;~~	121193

~~(3) If the employer assessed had not filed, prior to the date~~	121194
~~of issuance of the assessment, the annual return required by~~	121195
~~division (E)(2) of section 5747.07 of the Revised Code covering~~	121196
~~the period at issue, payment of the assessment, including interest~~	121197
~~but not penalty, is required;~~	121198

~~(4) If the taxpayer or qualifying entity that is assessed~~	121199
~~filed, prior to the date of issuance of the assessment, the annual~~	121200
~~return or report required by section 5747.08 or 5747.42 of the~~	121201
~~Revised Code, all amended returns or reports required by section~~	121202
~~5747.10 or 5747.45 of the Revised Code for the taxable year at~~	121203
~~issue, and all reports required by division (B) of section 5747.05~~	121204
~~of the Revised Code to indicate a reduction in the amount of the~~	121205
~~credit provided under that division, and a balance of the taxes~~	121206
~~shown due on the returns or reports as computed on the returns or~~	121207
~~reports remains unpaid, payment of only that portion of the~~	121208
~~assessment representing the unpaid balance of tax and interest is~~	121209
~~required;~~	121210

~~(5) If the employer assessed filed, prior to the date of~~	121211
~~issuance of the assessment, the annual return required by division~~	121212
~~(E)(2) of section 5747.07 of the Revised Code covering the period~~	121213
~~at issue, and a balance of the taxes shown due on the return as~~	121214
~~computed on the return remains unpaid, payment of only that~~	121215
~~portion of the assessment representing the unpaid balance of tax~~	121216
~~and interest is required;~~	121217

~~(6) In the case of a party assessed as a qualifying entity~~	121218
~~subject to the tax levied under section 5733.41 or 5747.41 of the~~	121219
~~Revised Code, if the party does not dispute that it is a~~	121220
~~qualifying entity subject to that tax but claims the protections~~	121221
~~of section 101 of Public Law 86-272, 73 Stat. 555, 15 U.S.C.A.~~	121222
~~381, as amended, no payment is required;~~	121223

~~(7) In the case of a party assessed as a qualifying entity~~	121224
~~subject to the tax levied under section 5733.41 or 5747.41 of the~~	121225
~~Revised Code, if the party does dispute that it is a qualifying~~	121226
~~entity subject to that tax, no payment is required;~~	121227

~~(8) If none of the conditions specified in divisions (E)(1)~~	121228
~~to (7) of this section apply, no payment is required~~If the party	121229
assessed files a petition for reassessment under division (B) of	121230
this section, the person, on or before the last day the petition	121231
may be filed, shall pay the assessed amount, including assessed	121232
interest and assessed penalties, if any of the following	121233
conditions exists:	121234

(1) The person files a tax return reporting Ohio adjusted	121235
gross income, less the exemptions allowed by section 5747.025 of	121236
the Revised Code, in an amount less than one cent, and the	121237
reported amount is not based on the computations required under	121238
division (A) of section 5747.01 or section 5747.025 of the Revised	121239
Code.	121240

(2) The person files a tax return that the tax commissioner	121241
determines to be incomplete, false, fraudulent, or frivolous.	121242

(3) The person fails to file a tax return, and the basis for	121243
this failure is not either of the following:	121244

(a) An assertion that the person has no nexus with this	121245
state;	121246

(b) The computations required under division (A) of section	121247
5747.01 of the Revised Code or the application of credits allowed	121248
under this chapter has the result that the person's tax liability	121249
is less than one dollar and one cent.	121250

(F) Notwithstanding the fact that a petition for reassessment	121251
is pending, the petitioner may pay all or a portion of the	121252
assessment that is the subject of the petition. The acceptance of	121253
a payment by the treasurer of state does not prejudice any claim	121254
for refund upon final determination of the petition.	121255

If upon final determination of the petition an error in the	121256
assessment is corrected by the tax commissioner, upon petition so	121257
filed or pursuant to a decision of the board of tax appeals or any	121258
court to which the determination or decision has been appealed, so	121259
that the amount due from the party assessed under the corrected	121260
assessment is less than the portion paid, there shall be issued to	121261
the petitioner or to the petitioner's assigns or legal	121262
representative a refund in the amount of the overpayment as	121263
provided by section 5747.11 of the Revised Code, with interest on	121264
that amount as provided by such section, subject to section	121265
5747.12 of the Revised Code.	121266

Sec. 5747.16. Any nonresident who accepts the privileges	121267
extended by the laws of this state to nonresidents earning or	121268
receiving income in this state, and any resident who becomes a	121269
nonresident or conceals ~~his~~the person's whereabouts thereby makes	121270
the secretary of state ~~his~~the person's agent for the service of	121271
process or notice in any assessment, action, or proceedings	121272
instituted in this state against such person under this chapter,	121273
such process or notice shall be served ~~by the officer to whom the~~	121274
~~same is directed by the tax commissioner, or by the sheriff of~~	121275
~~Franklin county, who may be deputized for such purpose by the~~	121276
~~officer to whom the service is directed, upon the secretary of~~	121277
~~state by leaving at the secretary's office at least fifteen days~~	121278
~~before the return day of such process or notice, a true and~~	121279
~~attested copy thereof, and by sending to the defendant by~~	121280
~~certified mail, postage prepaid, a like and true attested copy,~~	121281
~~with an endorsement thereon of the service upon the secretary of~~	121282
~~state, addressed to such defendant at his last known address~~as	121283
provided under section 5703.37 of the Revised Code.	121284

Sec. 5747.18. The tax commissioner shall enforce and	121285
administer this chapter. In addition to any other powers conferred	121286
upon the commissioner by law, the commissioner may:	121287

(A) Prescribe all forms required to be filed pursuant to this	121288
chapter;	121289

(B) Adopt such rules as the commissioner finds necessary to	121290
carry out this chapter;	121291

(C) Appoint and employ such personnel as are necessary to	121292
carry out the duties imposed upon the commissioner by this	121293
chapter.	121294

Any information gained as the result of returns,	121295
investigations, hearings, or verifications required or authorized	121296
by this chapter is confidential, and no person shall disclose such	121297
information, except for official purposes, or as provided by	121298
section 3125.43, 4123.271, 4123.591, 4507.023, or 5101.182,	121299
~~division (B) of section~~or 5703.21 of the Revised Code, or in	121300
accordance with a proper judicial order. The tax commissioner may	121301
furnish the internal revenue service with copies of returns or	121302
reports filed and may furnish the officer of a municipal	121303
corporation charged with the duty of enforcing a tax subject to	121304
Chapter 718. of the Revised Code with the names, addresses, and	121305
identification numbers of taxpayers who may be subject to such	121306
tax. A municipal corporation shall use this information for tax	121307
collection purposes only. This section does not prohibit the	121308
publication of statistics in a form which does not disclose	121309
information with respect to individual taxpayers.	121310

Sec. 5747.66. (A) Any term used in this section has the same	121311
meaning as in section 122.85 of the Revised Code.	121312

(B) There is allowed a credit against the tax imposed by	121313
section 5747.02 of the Revised Code for any individual who, on the	121314
last day of the individual's taxable year, is the certificate	121315
owner of a tax credit certificate issued under section 122.85 of	121316
the Revised Code. The credit shall be claimed for the taxable year	121317
that includes the date the certificate was issued by the director	121318
of development. The credit amount equals the amount stated in the	121319
certificate. The credit shall be claimed in the order required	121320
under section 5747.98 of the Revised Code. If the credit amount	121321
exceeds the tax otherwise due under section 5747.02 of the Revised	121322
Code after deducting all other credits in that order, the excess	121323
shall be refunded.	121324

Nothing in this section limits or disallows pass-through	121325
treatment of the credit.	121326

Sec. 5747.76. (A) As used in this section, "certificate	121327
owner" has the same meaning as in section 149.311 of the Revised	121328
Code.	121329

(B) There is allowed a credit against the tax imposed under	121330
section 5747.02 of the Revised Code for a taxpayer that is the	121331
certificate owner of a rehabilitation tax credit certificate	121332
issued under section 149.311 of the Revised Code. The credit	121333
shall equal twenty-five per cent of the dollar amount indicated	121334
on the certificate, but the amount of credit allowed for any	121335
taxpayer shall not exceed five million dollars. The credit	121336
shall be claimed for the taxable year specified in the	121337
certificate and in the order required under section 5747.98 of	121338
the Revised Code.	121339

(C) Nothing in this section limits or disallows pass-through	121340
treatment of the credit if the certificate owner is a pass-through	121341
entity. If the certificate owner is a pass-through entity, the	121342
amount of the credit allowed for the pass-through entity shall not	121343
exceed five million dollars. If the certificate owner is a	121344
pass-through entity, the credit may be allocated among the	121345
entity's equity owners in proportion to their ownership interests	121346
or in such proportions or amounts as the equity owners mutually	121347
agree.	121348

(D) If the credit allowed for any taxable year exceeds the	121349
tax otherwise due under section 5747.02 of the Revised Code, after	121350
allowing for any other credits preceding the credit in the order	121351
prescribed by section 5747.98 of the Revised Code, the excess	121352
shall be refunded to the taxpayer but, if any amount of the	121353
credit is refunded, the sum of the amount refunded and the amount	121354
applied to reduce the tax otherwise due for that year shall not	121355
exceed three million dollars or, if the certificate owner is a	121356
pass-through entity, shall not exceed the taxpayer's distributive	121357
or proportionate share, as allocated under division (C) of this	121358
section, of three million dollars. The taxpayer may carry forward	121359
any balance of the credit in excess of the amount claimed for	121360
that year for not more than five ensuing taxable years, and shall	121361
deduct any amount claimed for any such year from the amount	121362
claimed in an ensuing year.	121363

(E) A taxpayer claiming a credit under this section shall	121364
retain the rehabilitation tax credit certificate for four years	121365
following the end of the taxable year to which the credit was	121366
applied, and shall make the certificate available for inspection	121367
by the tax commissioner upon the request of the tax commissioner	121368
during that period.	121369

Sec. 5747.98. (A) To provide a uniform procedure for	121370
calculating the amount of tax due under section 5747.02 of the	121371
Revised Code, a taxpayer shall claim any credits to which the	121372
taxpayer is entitled in the following order:	121373

(1) The retirement income credit under division (B) of	121374
section 5747.055 of the Revised Code;	121375

(2) The senior citizen credit under division (C) of section	121376
5747.05 of the Revised Code;	121377

(3) The lump sum distribution credit under division (D) of	121378
section 5747.05 of the Revised Code;	121379

(4) The dependent care credit under section 5747.054 of the	121380
Revised Code;	121381

(5) The lump sum retirement income credit under division (C)	121382
of section 5747.055 of the Revised Code;	121383

(6) The lump sum retirement income credit under division (D)	121384
of section 5747.055 of the Revised Code;	121385

(7) The lump sum retirement income credit under division (E)	121386
of section 5747.055 of the Revised Code;	121387

(8) The low-income credit under section 5747.056 of the	121388
Revised Code;	121389

(9) The credit for displaced workers who pay for job training	121390
under section 5747.27 of the Revised Code;	121391

(10) The campaign contribution credit under section 5747.29	121392
of the Revised Code;	121393

(11) The twenty-dollar personal exemption credit under	121394
section 5747.022 of the Revised Code;	121395

(12) The joint filing credit under division (G) of section	121396
5747.05 of the Revised Code;	121397

(13) The nonresident credit under division (A) of section	121398
5747.05 of the Revised Code;	121399

(14) The credit for a resident's out-of-state income under	121400
division (B) of section 5747.05 of the Revised Code;	121401

(15) The credit for employers that enter into agreements with	121402
child day-care centers under section 5747.34 of the Revised Code;	121403

(16) The credit for employers that reimburse employee child	121404
care expenses under section 5747.36 of the Revised Code;	121405

(17) The credit for adoption of a minor child under section	121406
5747.37 of the Revised Code;	121407

(18) The credit for purchases of lights and reflectors under	121408
section 5747.38 of the Revised Code;	121409

(19) The job retention credit under division (B) of section	121410
5747.058 of the Revised Code;	121411

(20) The credit for selling alternative fuel under section	121412
5747.77 of the Revised Code;	121413

(21) The second credit for purchases of new manufacturing	121414
machinery and equipment and the credit for using Ohio coal under	121415
section 5747.31 of the Revised Code;	121416

(22) The job training credit under section 5747.39 of the	121417
Revised Code;	121418

(23) The enterprise zone credit under section 5709.66 of the	121419
Revised Code;	121420

(24) The credit for the eligible costs associated with a	121421
voluntary action under section 5747.32 of the Revised Code;	121422

(25) The credit for employers that establish on-site child	121423
day-care centers under section 5747.35 of the Revised Code;	121424

(26) The ethanol plant investment credit under section	121425
5747.75 of the Revised Code;	121426

(27) The credit for purchases of qualifying grape production	121427
property under section 5747.28 of the Revised Code;	121428

(28) The export sales credit under section 5747.057 of the	121429
Revised Code;	121430

(29) The credit for research and development and technology	121431
transfer investors under section 5747.33 of the Revised Code;	121432

(30) The enterprise zone credits under section 5709.65 of the	121433
Revised Code;	121434

(31) The research and development credit under section	121435
5747.331 of the Revised Code;	121436

(32) The credit for rehabilitating a historic building under	121437
section 5747.76 of the Revised Code;	121438

(33) The refundable credit for rehabilitating a historic	121439
building under section 5747.76 of the Revised Code;	121440

(34) The refundable jobs creation credit under division (A)	121441
of section 5747.058 of the Revised Code;	121442

(35) The refundable credit for taxes paid by a qualifying	121443
entity granted under section 5747.059 of the Revised Code;	121444

(36) The refundable credits for taxes paid by a qualifying	121445
pass-through entity granted under division (J) of section 5747.08	121446
of the Revised Code;	121447

(37) The refundable credit for tax withheld under division	121448
(B)(1) of section 5747.062 of the Revised Code;	121449

(38) The refundable credit under section 5747.80 of the	121450
Revised Code for losses on loans made to the Ohio venture capital	121451
program under sections 150.01 to 150.10 of the Revised Code;	121452

(39) The refundable motion picture production credit under	121453
section 5747.66 of the Revised Code.	121454

(B) For any credit, except the refundable credits enumerated	121455
in ~~divisions (A)(33) to (38) of~~ this section and the credit	121456
granted under division (I) of section 5747.08 of the Revised	121457
Code, the amount of the credit for a taxable year shall not	121458
exceed the tax due after allowing for any other credit that	121459
precedes it in the order required under this section. Any excess	121460
amount of a particular credit may be carried forward if	121461
authorized under the section creating that credit. Nothing in	121462
this chapter shall be construed to allow a taxpayer to claim,	121463
directly or indirectly, a credit more than once for a taxable	121464
year.	121465

Sec. 5748.02. (A) The board of education of any school	121466
district, except a joint vocational school district, may declare,	121467
by resolution, the necessity of raising annually a specified	121468
amount of money for school district purposes. The resolution shall	121469
specify whether the income that is to be subject to the tax is	121470
taxable income of individuals and estates as defined in divisions	121471
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	121472
taxable income of individuals as defined in division (E)(1)(b) of	121473
that section. A copy of the resolution shall be certified to the	121474
tax commissioner no later than eighty-five days prior to the date	121475
of the election at which the board intends to propose a levy under	121476
this section. Upon receipt of the copy of the resolution, the tax	121477
commissioner shall estimate both of the following:	121478

(1) The property tax rate that would have to be imposed in	121479
the current year by the district to produce an equivalent amount	121480
of money;	121481

(2) The income tax rate that would have had to have been in	121482
effect for the current year to produce an equivalent amount of	121483
money from a school district income tax.	121484

Within ten days of receiving the copy of the board's	121485
resolution, the commissioner shall prepare these estimates and	121486
certify them to the board. Upon receipt of the certification, the	121487
board may adopt a resolution proposing an income tax under	121488
division (B) of this section at the estimated rate contained in	121489
the certification rounded to the nearest one-fourth of one per	121490
cent. The commissioner's certification applies only to the board's	121491
proposal to levy an income tax at the election for which the board	121492
requested the certification. If the board intends to submit a	121493
proposal to levy an income tax at any other election, it shall	121494
request another certification for that election in the manner	121495
prescribed in this division.	121496

(B)(1) Upon the receipt of a certification from the tax	121497
commissioner under division (A) of this section, a majority of the	121498
members of a board of education may adopt a resolution proposing	121499
the levy of an annual tax for school district purposes on school	121500
district income. The proposed levy may be for a continuing period	121501
of time or for a specified number of years. The resolution shall	121502
set forth the purpose for which the tax is to be imposed, the rate	121503
of the tax, which shall be the rate set forth in the	121504
commissioner's certification rounded to the nearest one-fourth of	121505
one per cent, the number of years the tax will be levied or that	121506
it will be levied for a continuing period of time, the date on	121507
which the tax shall take effect, which shall be the first day of	121508
January of any year following the year in which the question is	121509
submitted, and the date of the election at which the proposal	121510
shall be submitted to the electors of the district, which shall be	121511
on the date of a primary, general, or special election the date of	121512
which is consistent with section 3501.01 of the Revised Code. The	121513
resolution shall specify whether the income that is to be subject	121514
to the tax is taxable income of individuals and estates as defined	121515
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised	121516
Code or taxable income of individuals as defined in division	121517
(E)(1)(b) of that section. The specification shall be the same as	121518
the specification in the resolution adopted and certified under	121519
division (A) of this section.	121520

If the tax is to be levied for current expenses and permanent	121521
improvements, the resolution shall apportion the annual rate of	121522
the tax. The apportionment may be the same or different for each	121523
year the tax is levied, but the respective portions of the rate	121524
actually levied each year for current expenses and for permanent	121525
improvements shall be limited by the apportionment.	121526

If the board of education currently imposes an income tax	121527
pursuant to this chapter that is due to expire and a question is	121528
submitted under this section for a proposed income tax to take	121529
effect upon the expiration of the existing tax, the board may	121530
specify in the resolution that the proposed tax renews the	121531
expiring tax ~~and is not an additional income tax, provided that~~.	121532
Two or more expiring income taxes may be renewed under this	121533
paragraph if the taxes are due to expire on the same date. If the	121534
tax rate being proposed is no higher than the total tax rate ~~that~~	121535
~~is currently~~ imposed by the expiring tax or taxes, the resolution	121536
may state that the proposed tax is not an additional income tax.	121537

(2) A board of education adopting a resolution under division	121538
(B)(1) of this section proposing a school district income tax for	121539
a continuing period of time and limited to the purpose of current	121540
expenses may propose in that resolution to reduce the rate or	121541
rates of one or more of the school district's property taxes	121542
levied for a continuing period of time in excess of the ten-mill	121543
limitation for the purpose of current expenses. The reduction in	121544
the rate of a property tax may be any amount, expressed in mills	121545
per one dollar in valuation, not exceeding the rate at which the	121546
tax is authorized to be levied. The reduction in the rate of a tax	121547
shall first take effect for the tax year that includes the day on	121548
which the school district income tax first takes effect, and shall	121549
continue for each tax year that both the school district income	121550
tax and the property tax levy are in effect.	121551

In addition to the matters required to be set forth in the	121552
resolution under division (B)(1) of this section, a resolution	121553
containing a proposal to reduce the rate of one or more property	121554
taxes shall state for each such tax the maximum rate at which it	121555
currently may be levied and the maximum rate at which the tax	121556
could be levied after the proposed reduction, expressed in mills	121557
per one dollar in valuation, and that the tax is levied for a	121558
continuing period of time.	121559

If a board of education proposes to reduce the rate of one or	121560
more property taxes under division (B)(2) of this section, the	121561
board, when it makes the certification required under division (A)	121562
of this section, shall designate the specific levy or levies to be	121563
reduced, the maximum rate at which each levy currently is	121564
authorized to be levied, and the rate by which each levy is	121565
proposed to be reduced. The tax commissioner, when making the	121566
certification to the board under division (A) of this section,	121567
also shall certify the reduction in the total effective tax rate	121568
for current expenses for each class of property that would have	121569
resulted if the proposed reduction in the rate or rates had been	121570
in effect the previous tax year. As used in this paragraph,	121571
"effective tax rate" has the same meaning as in section 323.08 of	121572
the Revised Code.	121573

(C) A resolution adopted under division (B) of this section	121574
shall go into immediate effect upon its passage, and no	121575
publication of the resolution shall be necessary other than that	121576
provided for in the notice of election. Immediately after its	121577
adoption and at least seventy-five days prior to the election at	121578
which the question will appear on the ballot, a copy of the	121579
resolution shall be certified to the board of elections of the	121580
proper county, which shall submit the proposal to the electors on	121581
the date specified in the resolution. The form of the ballot shall	121582
be as provided in section 5748.03 of the Revised Code. Publication	121583
of notice of the election shall be made in one or more newspapers	121584
of general circulation in the county once a week for two	121585
consecutive weeks prior to the election, and, if the board of	121586
elections operates and maintains a web site, the board of	121587
elections shall post notice of the election on its web site for	121588
thirty days prior to the election. The notice shall contain the	121589
time and place of the election and the question to be submitted to	121590
the electors. The question covered by the resolution shall be	121591
submitted as a separate proposition, but may be printed on the	121592
same ballot with any other proposition submitted at the same	121593
election, other than the election of officers.	121594

(D) No board of education shall submit the question of a tax	121595
on school district income to the electors of the district more	121596
than twice in any calendar year. If a board submits the question	121597
twice in any calendar year, one of the elections on the question	121598
shall be held on the date of the general election.	121599

(E)(1) No board of education may submit to the electors of	121600
the district the question of a tax on school district income on	121601
the taxable income of individuals as defined in division (E)(1)(b)	121602
of section 5748.01 of the Revised Code if that tax would be in	121603
addition to an existing tax on the taxable income of individuals	121604
and estates as defined in divisions (E)(1)(a) and (2) of that	121605
section.	121606

(2) No board of education may submit to the electors of the	121607
district the question of a tax on school district income on the	121608
taxable income of individuals and estates as defined in divisions	121609
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that	121610
tax would be in addition to an existing tax on the taxable income	121611
of individuals as defined in division (E)(1)(b) of that section.	121612

Sec. 5748.03. (A) The form of the ballot on a question	121613
submitted to the electors under section 5748.02 of the Revised	121614
Code shall be as follows:	121615

"Shall an annual income tax of ....... (state the proposed	121616
rate of tax) on the school district income of individuals and of	121617
estates be imposed by ....... (state the name of the school	121618
district), for ....... (state the number of years the tax would be	121619
levied, or that it would be levied for a continuing period of	121620
time), beginning ....... (state the date the tax would first take	121621
effect), for the purpose of ...... (state the purpose of the tax)?	121622

121623

		FOR THE TAX			121624
		AGAINST THE TAX	"		121625

121626

(B)(1) If the question submitted to electors proposes a	121627
school district income tax only on the taxable income of	121628
individuals as defined in division (E)(1)(b) of section 5748.01 of	121629
the Revised Code, the form of the ballot shall be modified by	121630
stating that the tax is to be levied on the "earned income of	121631
individuals residing in the school district" in lieu of the	121632
"school district income of individuals and of estates."	121633

(2) If the question submitted to electors proposes to renew	121634
anone or more expiring income tax levies, the ballot shall be	121635
modified by adding the following language immediately after the	121636
name of the school district that would impose the tax: "to renew	121637
an income tax (or income taxes) expiring at the end of ........	121638
(state the last year the existing income tax or taxes may be	121639
levied)."	121640

(3) If the question includes a proposal under division (B)(2)	121641
of section 5748.02 of the Revised Code to reduce the rate of one	121642
or more school district property taxes, the ballot shall state	121643
that the purpose of the school district income tax is for current	121644
expenses, and the form of the ballot shall be modified by adding	121645
the following language immediately after the statement of the	121646
purpose of the proposed income tax: ", and shall the rate of an	121647
existing tax on property, currently levied for the purpose of	121648
current expenses at the rate of ....... mills, be REDUCED to	121649
....... mills until any such time as the income tax is repealed."	121650
In lieu of "for the tax" and "against the tax," the phrases "for	121651
the issue" and "against the issue," respectively, shall be used.	121652
If a board of education proposes a reduction in the rates of more	121653
than one tax, the ballot language shall be modified accordingly to	121654
express the rates at which those taxes currently are levied and	121655
the rates to which the taxes will be reduced.	121656

(C) The board of elections shall certify the results of the	121657
election to the board of education and to the tax commissioner. If	121658
a majority of the electors voting on the question vote in favor of	121659
it, the income tax, the applicable provisions of Chapter 5747. of	121660
the Revised Code, and the reduction in the rate or rates of	121661
existing property taxes if the question included such a reduction	121662
shall take effect on the date specified in the resolution. If the	121663
question approved by the voters includes a reduction in the rate	121664
of a school district property tax, the board of education shall	121665
not levy the tax at a rate greater than the rate to which the tax	121666
is reduced, unless the school district income tax is repealed in	121667
an election under section 5748.04 of the Revised Code.	121668

(D) If the rate at which a property tax is levied and	121669
collected is reduced pursuant to a question approved under this	121670
section, the tax commissioner shall compute the percentage	121671
required to be computed for that tax under division (D) of section	121672
319.301 of the Revised Code each year the rate is reduced as if	121673
the tax had been levied in the preceding year at the rate at which	121674
it has been reduced. If the rate of a property tax increases due	121675
to the repeal of the school district income tax pursuant to	121676
section 5748.04 of the Revised Code, the tax commissioner, for the	121677
first year for which the rate increases, shall compute the	121678
percentage as if the tax in the preceding year had been levied at	121679
the rate at which the tax was authorized to be levied prior to any	121680
rate reduction.	121681

Sec. 5749.02. (A) For the purpose of providing revenue to	121682
administer the state's coal mining and reclamation regulatory	121683
program, to meet the environmental and resource management needs	121684
of this state, and to reclaim land affected by mining, an excise	121685
tax is hereby levied on the privilege of engaging in the severance	121686
of natural resources from the soil or water of this state. The tax	121687
shall be imposed upon the severer and shall be:	121688

(1) Ten cents per ton of coal;

121689

(2) Four cents per ton of salt;

121690

(3) Two cents per ton of limestone or dolomite;

121691

(4) Two cents per ton of sand and gravel;

121692

(5) Ten cents per barrel of oil;

121693

(6) Two and one-half cents per thousand cubic feet of natural	121694
gas;	121695

(7) One cent per ton of clay, sandstone or conglomerate,	121696
shale, gypsum, or quartzite;	121697

(8) Except as otherwise provided in this division or in rules	121698
adopted by the reclamation forfeiture fund advisory board under	121699
section 1513.182 of the Revised Code, an additional fourteen cents	121700
per ton of coal produced from an area under a coal mining and	121701
reclamation permit issued under Chapter 1513. of the Revised Code	121702
for which the performance security is provided under division	121703
(C)(2) of section 1513.08 of the Revised Code. Beginning July 1,	121704
2007, if at the end of a fiscal biennium the balance of the	121705
reclamation forfeiture fund created in section 1513.18 of the	121706
Revised Code is equal to or greater than ten million dollars, the	121707
rate levied shall be twelve cents per ton. Beginning July 1,	121708
2007, if at the end of a fiscal biennium the balance of the fund	121709
is at least five million dollars, but less than ten million	121710
dollars, the rate levied shall be fourteen cents per ton.	121711
Beginning July 1, 2007, if at the end of a fiscal biennium the	121712
balance of the fund is less than five million dollars, the rate	121713
levied shall be sixteen cents per ton. Beginning July 1, 2009,	121714
not later than thirty days after the close of a fiscal biennium,	121715
the chief of the division of mineral resources management shall	121716
certify to the tax commissioner the amount of the balance of the	121717
reclamation forfeiture fund as of the close of the fiscal	121718
biennium. Any necessary adjustment of the rate levied shall take	121719
effect on the first day of the following January and shall remain	121720
in effect during the calendar biennium that begins on that date.	121721

(9) An additional one and two-tenths cents per ton of coal	121722
mined by surface mining methods.	121723

(B) Of the moneys received by the treasurer of state from the	121724
tax levied in division (A)(1) of this section, four and	121725
seventy-six-hundredths per cent shall be credited to the	121726
geological mapping fund created in section 1505.09 of the Revised	121727
Code, eighty and ninety-five-hundredths per cent shall be credited	121728
to the coal mining administration and reclamation reserve fund	121729
created in section 1513.181 of the Revised Code, and fourteen and	121730
twenty-nine-hundredths per cent shall be credited to the	121731
unreclaimed lands fund created in section 1513.30 of the Revised	121732
Code.	121733

~~Fifteen per cent of the moneys~~The money received by the	121734
treasurer of state from the tax levied in division (A)(2) of this	121735
section shall be credited to the geological mapping fund ~~and the~~	121736
~~remainder shall be credited to the unreclaimed lands fund~~.	121737

Of the moneys received by the treasurer of state from the tax	121738
levied in divisions (A)(3) and (4) of this section, seven and	121739
five-tenths per cent shall be credited to the geological mapping	121740
fund, forty-two and five-tenths per cent shall be credited to the	121741
unreclaimed lands fund, and the remainder shall be credited to the	121742
surface mining fund created in section 1514.06 of the Revised	121743
Code.	121744

Of the moneys received by the treasurer of state from the tax	121745
levied in divisions (A)(5) and (6) of this section, ninety per	121746
cent shall be credited to the oil and gas well fund created in	121747
section 1509.02 of the Revised Code and ten per cent shall be	121748
credited to the geological mapping fund. All of the moneys	121749
received by the treasurer of state from the tax levied in division	121750
(A)(7) of this section shall be credited to the surface mining	121751
fund.	121752

All of the moneys received by the treasurer of state from the	121753
tax levied in division (A)(8) of this section shall be credited to	121754
the reclamation forfeiture fund.	121755

All of the moneys received by the treasurer of state from the	121756
tax levied in division (A)(9) of this section shall be credited to	121757
the unreclaimed lands fund.	121758

(C) When, at the close of any fiscal year, the chief finds	121759
that the balance of the reclamation forfeiture fund, plus	121760
estimated transfers to it from the coal mining administration and	121761
reclamation reserve fund under section 1513.181 of the Revised	121762
Code, plus the estimated revenues from the tax levied by division	121763
(A)(8) of this section for the remainder of the calendar year that	121764
includes the close of the fiscal year, are sufficient to complete	121765
the reclamation of lands for which the performance security has	121766
been provided under division (C)(2) of section 1513.08 of the	121767
Revised Code, the purposes for which the tax under division (A)(8)	121768
of this section is levied shall be deemed accomplished at the end	121769
of that calendar year. The chief, within thirty days after the	121770
close of the fiscal year, shall certify those findings to the tax	121771
commissioner, and the tax levied under division (A)(8) of this	121772
section shall cease to be imposed after the last day of that	121773
calendar year on coal produced under a coal mining and reclamation	121774
permit issued under Chapter 1513. of the Revised Code if the	121775
permittee has made tax payments under division (A)(8) of this	121776
section during each of the preceding five full calendar years. Not	121777
later than thirty days after the close of a fiscal year, the chief	121778
shall certify to the tax commissioner the identity of any	121779
permittees who accordingly no longer are required to pay the tax	121780
levied under division (A)(8) of this section.	121781

Sec. 5749.12. Any nonresident of this state who accepts the	121782
privilege extended by the laws of this state to nonresidents	121783
severing natural resources in this state, and any resident of this	121784
state who subsequently becomes a nonresident or conceals ~~his~~the	121785
resident's whereabouts, makes the secretary of state of Ohio ~~his~~	121786
the person's agent for the service of process or notice in any	121787
assessment, action or proceedings instituted in this state against	121788
such person under this chapter.	121789

Such process or notice shall be served~~, by the officer to~~	121790
~~whom the same is directed by the tax commissioner or by the~~	121791
~~sheriff of Franklin county, who may be deputized for such purpose~~	121792
~~by the officer to whom the service is directed, upon the secretary~~	121793
~~of state by leaving at the office of the secretary of state, at~~	121794
~~least fifteen days before the return day of such process or~~	121795
~~notice, a true and attested copy thereof, and by sending to the~~	121796
~~defendant by certified mail, a like and true attested copy, with~~	121797
~~an endorsement thereon of the service upon said secretary of~~	121798
~~state, addressed to such defendant at his last known address~~as	121799
provided under section 5703.37 of the Revised Code.	121800

Sec. 5751.01. As used in this chapter:

121801

(A) "Person" means, but is not limited to, individuals,	121802
combinations of individuals of any form, receivers, assignees,	121803
trustees in bankruptcy, firms, companies, joint-stock companies,	121804
business trusts, estates, partnerships, limited liability	121805
partnerships, limited liability companies, associations, joint	121806
ventures, clubs, societies, for-profit corporations, S	121807
corporations, qualified subchapter S subsidiaries, qualified	121808
subchapter S trusts, trusts, entities that are disregarded for	121809
federal income tax purposes, and any other entities. ~~"Person" does~~	121810
~~not include nonprofit organizations or the state, its agencies,~~	121811
~~its instrumentalities, and its political subdivisions.~~	121812

(B) "Consolidated elected taxpayer" means a group of two or	121813
more persons treated as a single taxpayer for purposes of this	121814
chapter as the result of an election made under section 5751.011	121815
of the Revised Code.	121816

(C) "Combined taxpayer" means a group of two or more persons	121817
treated as a single taxpayer for purposes of this chapter under	121818
section 5751.012 of the Revised Code.	121819

(D) "Taxpayer" means any person, or any group of persons in	121820
the case of a consolidated elected taxpayer or combined taxpayer	121821
treated as one taxpayer, required to register or pay tax under	121822
this chapter. "Taxpayer" does not include excluded persons.	121823

(E) "Excluded person" means any of the following:

121824

(1) Any person with not more than one hundred fifty thousand	121825
dollars of taxable gross receipts during the calendar year.	121826
Division (E)(1) of this section does not apply to a person that is	121827
a member of a ~~group that is a~~ consolidated elected taxpayer ~~or a~~	121828
~~combined taxpayer~~;	121829

(2) A public utility that paid the excise tax imposed by	121830
section 5727.24 or 5727.30 of the Revised Code based on one or	121831
more measurement periods that include the entire tax period under	121832
this chapter, except that a public utility that is a combined	121833
company is a taxpayer with regard to the following gross receipts:	121834

(a) Taxable gross receipts directly attributed to a public	121835
utility activity, but not directly attributed to an activity that	121836
is subject to the excise tax imposed by section 5727.24 or 5727.30	121837
of the Revised Code;	121838

(b) Taxable gross receipts that cannot be directly attributed	121839
to any activity, multiplied by a fraction whose numerator is the	121840
taxable gross receipts described in division (E)(2)(a) of this	121841
section and whose denominator is the total taxable gross receipts	121842
that can be directly attributed to any activity;	121843

(c) Except for any differences resulting from the use of an	121844
accrual basis method of accounting for purposes of determining	121845
gross receipts under this chapter and the use of the cash basis	121846
method of accounting for purposes of determining gross receipts	121847
under section 5727.24 of the Revised Code, the gross receipts	121848
directly attributed to the activity of a natural gas company shall	121849
be determined in a manner consistent with division (D) of section	121850
5727.03 of the Revised Code.	121851

As used in division (E)(2) of this section, "combined	121852
company" and "public utility" have the same meanings as in section	121853
5727.01 of the Revised Code.	121854

(3) A financial institution, as defined in section 5725.01 of	121855
the Revised Code, that paid the corporation franchise tax charged	121856
by division (D) of section 5733.06 of the Revised Code based on	121857
one or more taxable years that include the entire tax period under	121858
this chapter;	121859

(4) A dealer in intangibles, as defined in section 5725.01 of	121860
the Revised Code, that paid the dealer in intangibles tax levied	121861
by division (D) of section 5707.03 of the Revised Code based on	121862
one or more measurement periods that include the entire tax period	121863
under this chapter;	121864

(5) A financial holding company as defined in the "Bank	121865
Holding Company Act," 12 U.S.C. 1841(p);	121866

(6) A bank holding company as defined in the "Bank Holding	121867
Company Act," 12 U.S.C. 1841(a);	121868

(7) A savings and loan holding company as defined in the	121869
"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging	121870
only in activities or investments permissible for a financial	121871
holding company under 12 U.S.C. 1843(k);	121872

(8) A person directly or indirectly owned by one or more	121873
financial institutions, financial holding companies, bank holding	121874
companies, or savings and loan holding companies described in	121875
division (E)(3), (5), (6), or (7) of this section that is engaged	121876
in activities permissible for a financial holding company under 12	121877
U.S.C. 1843(k), except that any such person held pursuant to	121878
merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12	121879
U.S.C. 1843(k)(4)(I) is not an excluded person, or a person	121880
directly or indirectly owned by one or more insurance companies	121881
described in division (E)(9) of this section that is authorized to	121882
do the business of insurance in this state.	121883

For the purposes of division (E)(8) of this section, a person	121884
owns another person under the following circumstances:	121885

(a) In the case of corporations issuing capital stock, one	121886
corporation owns another corporation if it owns fifty per cent or	121887
more of the other corporation's capital stock with current voting	121888
rights;	121889

(b) In the case of a limited liability company, one person	121890
owns the company if that person's membership interest, as defined	121891
in section 1705.01 of the Revised Code, is fifty per cent or more	121892
of the combined membership interests of all persons owning such	121893
interests in the company;	121894

(c) In the case of a partnership, trust, or other	121895
unincorporated business organization other than a limited	121896
liability company, one person owns the organization if, under the	121897
articles of organization or other instrument governing the affairs	121898
of the organization, that person has a beneficial interest in the	121899
organization's profits, surpluses, losses, or distributions of	121900
fifty per cent or more of the combined beneficial interests of all	121901
persons having such an interest in the organization;	121902

(d) In the case of multiple ownership, the ownership	121903
interests of more than one person may be aggregated to meet the	121904
fifty per cent ownership tests in this division only when each	121905
such owner is described in division (E)(3), (5), (6), or (7) of	121906
this section and is engaged in activities permissible for a	121907
financial holding company under 12 U.S.C. 1843(k) or is a person	121908
directly or indirectly owned by one or more insurance companies	121909
described in division (E)(9) of this section that is authorized to	121910
do the business of insurance in this state.	121911

(9) A domestic insurance company or foreign insurance	121912
company, as defined in section 5725.01 of the Revised Code, that	121913
paid the insurance company premiums tax imposed by section 5725.18	121914
or Chapter 5729. of the Revised Code based on one or more	121915
measurement periods that include the entire tax period under this	121916
chapter;	121917

(10) A person that solely facilitates or services one or more	121918
securitizations or similar transactions for any person described	121919
in division (E)(3), (5), (6), (7), (8), or (9) of this section.	121920
For purposes of this division, "securitization" means transferring	121921
one or more assets to one or more persons and then issuing	121922
securities backed by the right to receive payment from the asset	121923
or assets so transferred.	121924

(11) Except as otherwise provided in this division, a	121925
pre-income tax trust as defined in division (FF)(4) of section	121926
5747.01 of the Revised Code and any pass-through entity of which	121927
such pre-income tax trust owns or controls, directly, indirectly,	121928
or constructively through related interests, more than five per	121929
cent of the ownership or equity interests. If the pre-income tax	121930
trust has made a qualifying pre-income tax trust election under	121931
division (FF)(3) of section 5747.01 of the Revised Code, then the	121932
trust and the pass-through entities of which it owns or controls,	121933
directly, indirectly, or constructively through related interests,	121934
more than five per cent of the ownership or equity interests,	121935
shall not be excluded persons for purposes of the tax imposed	121936
under section 5751.02 of the Revised Code.	121937

(12) Nonprofit organizations or the state and its agencies,	121938
instrumentalities, or political subdivisions.	121939

(F) Except as otherwise provided in divisions (F)(2), (3),	121940
and (4) of this section, "gross receipts" means the total amount	121941
realized by a person, without deduction for the cost of goods sold	121942
or other expenses incurred, that contributes to the production of	121943
gross income of the person, including the fair market value of any	121944
property and any services received, and any debt transferred or	121945
forgiven as consideration.	121946

(1) The following are examples of gross receipts:

121947

(a) Amounts realized from the sale, exchange, or other	121948
disposition of the taxpayer's property to or with another;	121949

(b) Amounts realized from the taxpayer's performance of	121950
services for another;	121951

(c) Amounts realized from another's use or possession of the	121952
taxpayer's property or capital;	121953

(d) Any combination of the foregoing amounts.

121954

(2) "Gross receipts" excludes the following amounts:

121955

(a) Interest income except interest on credit sales;

121956

(b) Dividends and distributions from corporations, and	121957
distributive or proportionate shares of receipts and income from a	121958
pass-through entity as defined under section 5733.04 of the	121959
Revised Code;	121960

(c) Receipts from the sale, exchange, or other disposition of	121961
an asset described in section 1221 or 1231 of the Internal Revenue	121962
Code, without regard to the length of time the person held the	121963
asset. Notwithstanding section 1221 of the Internal Revenue Code,	121964
receipts from hedging transactions also are excluded to the extent	121965
the transactions are entered into primarily to protect a financial	121966
position, such as managing the risk of exposure to (i) foreign	121967
currency fluctuations that affect assets, liabilities, profits,	121968
losses, equity, or investments in foreign operations; (ii)	121969
interest rate fluctuations; or (iii) commodity price fluctuations.	121970
As used in division (F)(2)(c) of this section, "hedging	121971
transaction" has the same meaning as used in section 1221 of the	121972
Internal Revenue Code and also includes transactions accorded	121973
hedge accounting treatment under statement of financial accounting	121974
standards number 133 of the financial accounting standards board.	121975
For the purposes of division (F)(2)(c) of this section, the actual	121976
transfer of title of real or tangible personal property to another	121977
entity is not a hedging transaction.	121978

(d) Proceeds received attributable to the repayment,	121979
maturity, or redemption of the principal of a loan, bond, mutual	121980
fund, certificate of deposit, or marketable instrument;	121981

(e) The principal amount received under a repurchase	121982
agreement or on account of any transaction properly characterized	121983
as a loan to the person;	121984

(f) Contributions received by a trust, plan, or other	121985
arrangement, any of which is described in section 501(a) of the	121986
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	121987
1, Subchapter (D) of the Internal Revenue Code applies;	121988

(g) Compensation, whether current or deferred, and whether in	121989
cash or in kind, received or to be received by an employee, former	121990
employee, or the employee's legal successor for services rendered	121991
to or for an employer, including reimbursements received by or for	121992
an individual for medical or education expenses, health insurance	121993
premiums, or employee expenses, or on account of a dependent care	121994
spending account, legal services plan, any cafeteria plan	121995
described in section 125 of the Internal Revenue Code, or any	121996
similar employee reimbursement;	121997

(h) Proceeds received from the issuance of the taxpayer's own	121998
stock, options, warrants, puts, or calls, or from the sale of the	121999
taxpayer's treasury stock;	122000

(i) Proceeds received on the account of payments from ~~life~~	122001
insurance policies, except those proceeds received for the loss of	122002
business revenue;	122003

(j) Gifts or charitable contributions received,; membership	122004
dues received,by trade, professional, homeowners', or condominium	122005
associations; and payments received for educational courses,	122006
meetings, meals, or similar payments to a trade, professional, or	122007
other similar association; and fundraising receipts received by	122008
any person when any excess receipts are donated or used	122009
exclusively for charitable purposes~~; and proceeds received by a~~	122010
~~nonprofit organization including proceeds realized with regard to~~	122011
~~its unrelated business taxable income~~;	122012

(k) Damages received as the result of litigation in excess of	122013
amounts that, if received without litigation, would be gross	122014
receipts;	122015

(l) Property, money, and other amounts received or acquired	122016
by an agent on behalf of another in excess of the agent's	122017
commission, fee, or other remuneration;	122018

(m) Tax refunds, other tax benefit recoveries, and	122019
reimbursements for the tax imposed under this chapter made by	122020
entities that are part of the same combined taxpayer or	122021
consolidated elected taxpayer group, and reimbursements made by	122022
entities that are not members of a combined taxpayer or	122023
consolidated elected taxpayer group that are required to be made	122024
for economic parity among multiple owners of an entity whose tax	122025
obligation under this chapter is required to be reported and paid	122026
entirely by one owner, pursuant to the requirements of sections	122027
5751.011 and 5751.012 of the Revised Code;	122028

(n) Pension reversions;

122029

(o) Contributions to capital;

122030

(p) Sales or use taxes collected as a vendor or an	122031
out-of-state seller on behalf of the taxing jurisdiction from a	122032
consumer or other taxes the taxpayer is required by law to collect	122033
directly from a purchaser and remit to a local, state, or federal	122034
tax authority;	122035

(q) In the case of receipts from the sale of cigarettes or	122036
tobacco products by a wholesale dealer, retail dealer,	122037
distributor, manufacturer, or seller, all as defined in section	122038
5743.01 of the Revised Code, an amount equal to the federal and	122039
state excise taxes paid by any person on or for such cigarettes or	122040
tobacco products under subtitle E of the Internal Revenue Code or	122041
Chapter 5743. of the Revised Code;	122042

(r) In the case of receipts from the sale of motor fuel by a	122043
licensed motor fuel dealer, licensed retail dealer, or licensed	122044
permissive motor fuel dealer, all as defined in section 5735.01 of	122045
the Revised Code, an amount equal to federal and state excise	122046
taxes paid by any person on such motor fuel under section 4081 of	122047
the Internal Revenue Code or Chapter 5735. of the Revised Code;	122048

(s) In the case of receipts from the sale of beer or	122049
intoxicating liquor, as defined in section 4301.01 of the Revised	122050
Code, by a person holding a permit issued under Chapter 4301. or	122051
4303. of the Revised Code, an amount equal to federal and state	122052
excise taxes paid by any person on or for such beer or	122053
intoxicating liquor under subtitle E of the Internal Revenue Code	122054
or Chapter 4301. or 4305. of the Revised Code;	122055

(t) Receipts realized by a new motor vehicle dealer or used	122056
motor vehicle dealer, as defined in section 4517.01 of the Revised	122057
Code, from the sale or other transfer of a motor vehicle, as	122058
defined in that section, to another motor vehicle dealer for the	122059
purpose of resale by the transferee motor vehicle dealer, but only	122060
if the sale or other transfer was based upon the transferee's need	122061
to meet a specific customer's preference for a motor vehicle;	122062

(u) Receipts from a financial institution described in	122063
division (E)(3) of this section for services provided to the	122064
financial institution in connection with the issuance, processing,	122065
servicing, and management of loans or credit accounts, if such	122066
financial institution and the recipient of such receipts have at	122067
least fifty per cent of their ownership interests owned or	122068
controlled, directly or constructively through related interests,	122069
by common owners;	122070

(v) Receipts realized from administering anti-neoplastic	122071
drugs and other cancer chemotherapy, biologicals, therapeutic	122072
agents, and supportive drugs in a physician's office to patients	122073
with cancer;	122074

(w) Funds received or used by a mortgage broker that is not a	122075
dealer in intangibles, other than fees or other consideration,	122076
pursuant to a table-funding mortgage loan or warehouse-lending	122077
mortgage loan. Terms used in division (F)(2)(w) of this section	122078
have the same meanings as in section 1322.01 of the Revised Code,	122079
except "mortgage broker" means a person assisting a buyer in	122080
obtaining a mortgage loan for a fee or other consideration paid by	122081
the buyer or a lender, or a person engaged in table-funding or	122082
warehouse-lending mortgage loans that are first lien mortgage	122083
loans.	122084

(x) Property, money, and other amounts received by a	122085
professional employer organization, as defined in section 4125.01	122086
of the Revised Code, from a client employer, as defined in that	122087
section, in excess of the administrative fee charged by the	122088
professional employer organization to the client employer;	122089

(y) In the case of amounts retained as commissions by a	122090
permit holder under Chapter 3769. of the Revised Code, an amount	122091
equal to the amounts specified under that chapter that must be	122092
paid to or collected by the tax commissioner as a tax and the	122093
amounts specified under that chapter to be used as purse money;	122094

(z) Qualifying distribution center receipts.

122095

(i) For purposes of division (F)(2)(z) of this section:

122096

(I) "Qualifying distribution center receipts" means receipts	122097
of a supplier from qualified property that is delivered to a	122098
qualified distribution center, multiplied by a quantity that	122099
equals one minus the Ohio delivery percentage.	122100

(II) "Qualified property" means tangible personal property	122101
delivered to a qualified distribution center that is shipped to	122102
that qualified distribution center solely for further shipping by	122103
the qualified distribution center to another location in this	122104
state or elsewhere. "Further shipping" includes storing and	122105
repackaging such property into smaller or larger bundles, so long	122106
as such property is not subject to further manufacturing or	122107
processing.	122108

(III) "Qualified distribution center" means a warehouse or	122109
other similar facility in this state that, for the qualifying	122110
year, is operated by a person that is not part of a combined	122111
taxpayer group and that has a qualifying certificate. However, all	122112
warehouses or other similar facilities that are operated by	122113
persons in the same taxpayer group and that are located within one	122114
mile of each other shall be treated as one qualified distribution	122115
center.	122116

(IV) "Qualifying year" means the calendar year to which the	122117
qualifying certificate applies.	122118

(V) "Qualifying period" means the period of the first day of	122119
July of the second year preceding the qualifying year through the	122120
thirtieth day of June of the year preceding the qualifying year.	122121

(VI) "Qualifying certificate" means the certificate issued by	122122
the tax commissioner after the operator of a distribution center	122123
files an annual application ~~approved by the tax commissioner from~~	122124
~~an operator of a distribution center that has filed an application~~	122125
~~as prescribed by the commissioner and paid the annual fee for the~~	122126
~~qualifying certificate on or before the first day of September~~	122127
~~prior to the qualifying year or forty-five days after the opening~~	122128
~~of the distribution center, whichever is later~~with the	122129
commissioner. The application and annual fee shall be filed and	122130
paid for each qualified distribution center on or before the first	122131
day of September before the qualifying year or within forty-five	122132
days after the distribution center opens, whichever is later.	122133

The applicant must substantiate to the commissioner's	122134
satisfaction that, for the qualifying period, all persons	122135
operating the distribution center have more than fifty per cent of	122136
the cost of the qualified property shipped to a location such that	122137
it would be sitused outside this state under the provisions of	122138
division (E) of section 5751.033 of the Revised Code. The	122139
applicant must also substantiate that the distribution center	122140
cumulatively had costs from its suppliers equal to or exceeding	122141
five hundred million dollars during the qualifying period. (For	122142
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	122143
excludes any person that is part of the consolidated elected	122144
taxpayer group, if applicable, of the operator of the qualified	122145
distribution center.) The commissioner may require the applicant	122146
to have an independent certified public accountant certify that	122147
the calculation of the minimum thresholds required for a qualified	122148
distribution center by the operator of a distribution center has	122149
been made in accordance with generally accepted accounting	122150
principles. The commissioner shall issue or deny the issuance of a	122151
certificate within sixty days after the receipt of the	122152
application. A denial is subject to appeal under section 5717.02	122153
of the Revised Code. If the operator files a timely appeal under	122154
section 5717.02 of the Revised Code, the operator shall be granted	122155
a qualifying certificate, provided that the operator is liable for	122156
any tax, interest, or penalty upon amounts claimed as qualifying	122157
distribution center receipts, other than those receipts exempt	122158
under division (C)(1) of section 5751.011 of the Revised Code,	122159
that would have otherwise not been owed by its suppliers if the	122160
qualifying certificate was valid.	122161

(VII) "Ohio delivery percentage" means the proportion of the	122162
total property delivered to a destination inside Ohio from the	122163
qualified distribution center during the qualifying period	122164
compared with total deliveries from such distribution center	122165
everywhere during the qualifying period.	122166

(ii) If the distribution center is new and was not open for	122167
the entire qualifying period, the operator of the distribution	122168
center may request that the commissioner grant a qualifying	122169
certificate. If the certificate is granted and it is later	122170
determined that more than fifty per cent of the qualified property	122171
during that year was not shipped to a location such that it would	122172
be sitused outside of this state under the provisions of division	122173
(E) of section 5751.033 of the Revised Code or if it is later	122174
determined that the person that operates the distribution center	122175
had average monthly costs from its suppliers of less than forty	122176
million dollars during that year, then the operator of the	122177
distribution center shall be liable for any tax, interest, or	122178
penalty upon amounts claimed as qualifying distribution center	122179
receipts, other than those receipts exempt under division (C)(1)	122180
of section 5751.011 of the Revised Code, that would have not	122181
otherwise been owed by its suppliers during the qualifying year if	122182
the qualifying certificate was valid. (For purposes of division	122183
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	122184
is part of the consolidated elected taxpayer group, if applicable,	122185
of the operator of the qualified distribution center.)	122186

(iii) When filing an application for a qualifying certificate	122187
under division (F)(2)(z)(i)(VI) of this section, the operator of a	122188
qualified distribution center also shall provide documentation, as	122189
the commissioner requires, for the commissioner to ascertain the	122190
Ohio delivery percentage. The commissioner, upon issuing the	122191
qualifying certificate, also shall certify the Ohio delivery	122192
percentage. The operator of the qualified distribution center may	122193
appeal the commissioner's certification of the Ohio delivery	122194
percentage in the same manner as an appeal is taken from the	122195
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	122196
of this section.	122197

Within thirty days after all appeals have been exhausted, the	122198
operator of the qualified distribution center shall notify the	122199
affected suppliers of qualified property that such suppliers are	122200
required to file, within sixty days after receiving notice from	122201
the operator of the qualified distribution center, amended reports	122202
for the impacted calendar quarter or quarters or calendar year,	122203
whichever the case may be. Any additional tax liability or tax	122204
overpayment shall be subject to interest but shall not be subject	122205
to the imposition of any penalty so long as the amended returns	122206
are timely filed. The supplier of tangible personal property	122207
delivered to the qualified distribution center shall include in	122208
its report of taxable gross receipts the receipts from the total	122209
sales of property delivered to the qualified distribution center	122210
for the calendar quarter or calendar year, whichever the case may	122211
be, multiplied by the Ohio delivery percentage for the qualifying	122212
year. Nothing in division (F)(2)(z)(iii) of this section shall be	122213
construed as imposing liability on the operator of a qualified	122214
distribution center for the tax imposed by this chapter arising	122215
from any change to the Ohio delivery percentage.	122216

(iv) In the case where the distribution center is new and not	122217
open for the entire qualifying period, the operator shall make a	122218
good faith estimate of an Ohio delivery percentage for use by	122219
suppliers in their reports of taxable gross receipts for the	122220
remainder of the qualifying period. The operator of the facility	122221
shall disclose to the suppliers that such Ohio delivery percentage	122222
is an estimate and is subject to recalculation. By the due date of	122223
the next application for a qualifying certificate, the operator	122224
shall determine the actual Ohio delivery percentage for the	122225
estimated qualifying period and proceed as provided in division	122226
(F)(2)(z)(iii) of this section with respect to the calculation and	122227
recalculation of the Ohio delivery percentage. The supplier is	122228
required to file, within sixty days after receiving notice from	122229
the operator of the qualified distribution center, amended reports	122230
for the impacted calendar quarter or quarters or calendar year,	122231
whichever the case may be. Any additional tax liability or tax	122232
overpayment shall be subject to interest but shall not be subject	122233
to the imposition of any penalty so long as the amended returns	122234
are timely filed.	122235

(v) Qualifying certificates and Ohio delivery percentages	122236
issued by the commissioner shall be open to public inspection and	122237
shall be timely published by the commissioner. A supplier relying	122238
in good faith on a certificate issued under this division shall	122239
not be subject to tax on the qualifying distribution center	122240
receipts under division (F)(2)(z) of this section. A person	122241
receiving a qualifying certificate is responsible for paying the	122242
tax, interest, and penalty upon amounts claimed as qualifying	122243
distribution center receipts that would not otherwise have been	122244
owed by the supplier if the qualifying certificate were available	122245
when it is later determined that the qualifying certificate should	122246
not have been issued because the statutory requirements were in	122247
fact not met.	122248

(vi) The annual fee for a qualifying certificate shall be one	122249
hundred thousand dollars for each qualified distribution center.	122250
If a qualifying certificate is not issued, the annual fee is	122251
subject to refund after the exhaustion of all appeals provided for	122252
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	122253
under this division may be assessed in the same manner as the tax	122254
imposed under this chapter. The first one hundred thousand dollars	122255
of the annual application fees collected each calendar year shall	122256
be credited to the commercial activity tax administrative fund.	122257
The remainder of the annual application fees collected shall be	122258
distributed in the same manner required under section 5751.20 of	122259
the Revised Code.	122260

(vii) The tax commissioner may require that adequate security	122261
be posted by the operator of the distribution center on appeal	122262
when the commissioner disagrees that the applicant has met the	122263
minimum thresholds for a qualified distribution center as set	122264
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	122265
section.	122266

(aa) Receipts of an employer from payroll deductions relating	122267
to the reimbursement of the employer for advancing moneys to an	122268
unrelated third party on an employee's behalf;	122269

(bb) Cash discounts allowed and taken;

122270

(cc) Returns and allowances;

122271

(dd) Bad debts from receipts on the basis of which the tax	122272
imposed by this chapter was paid in a prior quarterly tax payment	122273
period. For the purpose of this division, "bad debts" means any	122274
debts that have become worthless or uncollectible between the	122275
preceding and current quarterly tax payment periods, have been	122276
uncollected for at least six months, and that may be claimed as a	122277
deduction under section 166 of the Internal Revenue Code and the	122278
regulations adopted under that section, or that could be claimed	122279
as such if the taxpayer kept its accounts on the accrual basis.	122280
"Bad debts" does not include repossessed property, uncollectible	122281
amounts on property that remains in the possession of the taxpayer	122282
until the full purchase price is paid, or expenses in attempting	122283
to collect any account receivable or for any portion of the debt	122284
recovered;	122285

(ee) Any amount realized from the sale of an account	122286
receivable to the extent the receipts from the underlying	122287
transaction giving rise to the account receivable were included in	122288
the gross receipts of the taxpayer;	122289

(ff) Any receipts for which the tax imposed by this chapter	122290
is prohibited by the Constitution or laws of the United States or	122291
the Constitution of Ohio.	122292

(3) In the case of a taxpayer when acting as a real estate	122293
broker, "gross receipts" includes only the portion of any fee for	122294
the service of a real estate broker, or service of a real estate	122295
salesperson associated with that broker, that is retained by the	122296
broker and not paid to an associated real estate salesperson or	122297
another real estate broker. For the purposes of this division,	122298
"real estate broker" and "real estate salesperson" have the same	122299
meanings as in section 4735.01 of the Revised Code.	122300

(4) A taxpayer's method of accounting for gross receipts for	122301
a tax period shall be the same as the taxpayer's method of	122302
accounting for federal income tax purposes for the taxpayer's	122303
federal taxable year that includes the tax period. If a taxpayer's	122304
method of accounting for federal income tax purposes changes, its	122305
method of accounting for gross receipts under this chapter shall	122306
be changed accordingly.	122307

~~In calculating gross receipts, the following shall be~~	122308
~~deducted to the extent included as a gross receipt in the current~~	122309
~~tax period or reported as taxable gross receipts in a prior tax~~	122310
~~period:~~	122311

~~(a) Cash discounts allowed and taken;~~

122312

~~(b) Returns and allowances;~~

122313

~~(c) Bad debts. For the purposes of this division, "bad debts"~~	122314
~~mean any debts that have become worthless or uncollectible between~~	122315
~~the preceding and current quarterly tax payment periods, have been~~	122316
~~uncollected for at least six months, and may be claimed as a~~	122317
~~deduction under section 166 of the Internal Revenue Code and the~~	122318
~~regulations adopted pursuant thereto, or that could be claimed as~~	122319
~~such if the taxpayer kept its accounts on the accrual basis. "Bad~~	122320
~~debts" does not include uncollectible amounts on property that~~	122321
~~remains in the possession of the taxpayer until the full purchase~~	122322
~~price is paid, expenses in attempting to collect any account~~	122323
~~receivable or for any portion of the debt recovered, and~~	122324
~~repossessed property;~~	122325

~~(d) Any amount realized from the sale of an account~~	122326
~~receivable but only to the extent the receipts from the underlying~~	122327
~~transaction giving rise to the account receivable were included in~~	122328
~~the gross receipts of the taxpayer.~~	122329

(G) "Taxable gross receipts" means gross receipts sitused to	122330
this state under section 5751.033 of the Revised Code.	122331

(H) A person has "substantial nexus with this state" if any	122332
of the following applies. The person:	122333

(1) Owns or uses a part or all of its capital in this state;

122334

(2) Holds a certificate of compliance with the laws of this	122335
state authorizing the person to do business in this state;	122336

(3) Has bright-line presence in this state;

122337

(4) Otherwise has nexus with this state to an extent that the	122338
person can be required to remit the tax imposed under this chapter	122339
under the Constitution of the United States.	122340

(I) A person has "bright-line presence" in this state for a	122341
reporting period and for the remaining portion of the calendar	122342
year if any of the following applies. The person:	122343

(1) Has at any time during the calendar year property in this	122344
state with an aggregate value of at least fifty thousand dollars.	122345
For the purpose of division (I)(1) of this section, owned property	122346
is valued at original cost and rented property is valued at eight	122347
times the net annual rental charge.	122348

(2) Has during the calendar year payroll in this state of at	122349
least fifty thousand dollars. Payroll in this state includes all	122350
of the following:	122351

(a) Any amount subject to withholding by the person under	122352
section 5747.06 of the Revised Code;	122353

(b) Any other amount the person pays as compensation to an	122354
individual under the supervision or control of the person for work	122355
done in this state; and	122356

(c) Any amount the person pays for services performed in this	122357
state on its behalf by another.	122358

(3) Has during the calendar year taxable gross receipts of	122359
at least five hundred thousand dollars.	122360

(4) Has at any time during the calendar year within this	122361
state at least twenty-five per cent of the person's total	122362
property, total payroll, or total gross receipts.	122363

(5) Is domiciled in this state as an individual or for	122364
corporate, commercial, or other business purposes.	122365

(J) "Tangible personal property" has the same meaning as in	122366
section 5739.01 of the Revised Code.	122367

(K) "Internal Revenue Code" means the Internal Revenue Code	122368
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	122369
this chapter that is not otherwise defined has the same meaning as	122370
when used in a comparable context in the laws of the United States	122371
relating to federal income taxes unless a different meaning is	122372
clearly required. Any reference in this chapter to the Internal	122373
Revenue Code includes other laws of the United States relating to	122374
federal income taxes.	122375

(L) "Calendar quarter" means a three-month period ending on	122376
the thirty-first day of March, the thirtieth day of June, the	122377
thirtieth day of September, or the thirty-first day of December.	122378

(M) "Tax period" means the calendar quarter or calendar year	122379
on the basis of which a taxpayer is required to pay the tax	122380
imposed under this chapter.	122381

(N) "Calendar year taxpayer" means a taxpayer for which the	122382
tax period is a calendar year.	122383

(O) "Calendar quarter taxpayer" means a taxpayer for which	122384
the tax period is a calendar quarter.	122385

(P) "Agent" means a person authorized by another person to	122386
act on its behalf to undertake a transaction for the other,	122387
including any of the following:	122388

(1) A person receiving a fee to sell financial instruments;

122389

(2) A person retaining only a commission from a transaction	122390
with the other proceeds from the transaction being remitted to	122391
another person;	122392

(3) A person issuing licenses and permits under section	122393
1533.13 of the Revised Code;	122394

(4) A lottery sales agent holding a valid license issued	122395
under section 3770.05 of the Revised Code;	122396

(5) A person acting as an agent of the division of liquor	122397
control under section 4301.17 of the Revised Code.	122398

(Q) "Received" includes amounts accrued under the accrual	122399
method of accounting.	122400

(R) "Reporting person" means a person in a consolidated	122401
elected taxpayer or combined taxpayer group that is designated by	122402
that group to legally bind the group for all filings and tax	122403
liabilities and to receive all legal notices with respect to	122404
matters under this chapter, or, for the purposes of section	122405
5751.04 of the Revised Code, a separate taxpayer that is not a	122406
member of such a group.	122407

Sec. 5751.011. (A) A group of two or more persons may elect	122408
to be a consolidated elected taxpayer for the purposes of this	122409
chapter if the group satisfies all of the following requirements:	122410

(1) The group elects to include all persons, including	122411
persons enumerated in divisions (E)(2) to (10) of section 5751.01	122412
of the Revised Code, having at least eighty per cent, or having at	122413
least fifty per cent, of the value of their ownership interests	122414
owned or controlled, directly or constructively through related	122415
interests, by common owners during all or any portion of the tax	122416
period, together with the common owners. At	122417

A group making its initial election on the basis of the	122418
eighty per cent ownership test may change its election so that its	122419
consolidated elected taxpayer group is formed on the basis of the	122420
fifty per cent ownership test if all of the following are	122421
satisfied:	122422

(a) When the initial election was made, the group did not	122423
have any persons satisfying the fifty per cent ownership test;	122424

(b) One or more of the persons in the initial group	122425
subsequently acquires ownership interests in a person such that	122426
the fifty per cent ownership test is satisfied, the eighty per	122427
cent ownership test is not satisfied, and the acquired person	122428
would be required to be included in a combined taxpayer group	122429
under section 5751.012 of the Revised Code;	122430

(c) The group requests the change in a written request to the	122431
tax commissioner on or before the due date for filing the first	122432
return due under section 5751.051 of the Revised Code after the	122433
date of the acquisition;	122434

(d) The group has not previously changed its election.

122435

At the election of the group, all entities that are not	122436
incorporated or formed under the laws of a state or of the United	122437
States and that meet the consolidated elected ownership test	122438
shall either be included in the group or all shall be excluded	122439
from the group. ~~The~~If, at the time of registration, the group	122440
does not include any such entities that meet the consolidated	122441
elected ownership test, the group shall elect to either include or	122442
exclude the newly acquired entities before the due date of the	122443
first return due after the date of the acquisition.	122444

Each group shall notify the tax commissioner of the foregoing	122445
elections before the due date of the return ~~in which the election~~	122446
~~is to become effective~~for the period in which the election	122447
becomes binding. If fifty per cent of the value of a person's	122448
ownership interests is owned or controlled by each of two	122449
consolidated elected taxpayer groups formed under the fifty per	122450
cent ownership or control test, that person is a member of each	122451
group for the purposes of this section, and each group shall	122452
include in the group's taxable gross receipts fifty per cent of	122453
that person's taxable gross receipts. Otherwise, all of that	122454
person's taxable gross receipts shall be included in the taxable	122455
gross receipts of the consolidated elected taxpayer group of which	122456
the person is a member. In no event shall the ownership or control	122457
of fifty per cent of the value of a person's ownership interests	122458
by two otherwise unrelated groups form the basis for consolidating	122459
the groups into a single consolidated elected taxpayer group or	122460
permit any exclusion under division (C) of this section of taxable	122461
gross receipts between members of the two groups. Division (A)(3)	122462
of this section applies with respect to the elections described in	122463
this division.	122464

(2) The group makes the election to be treated as a	122465
consolidated elected taxpayer in the manner prescribed under	122466
division (D) of this section.	122467

(3) Subject to review and audit by the tax commissioner, the	122468
group agrees that all of the following apply:	122469

(a) The group shall file reports as a single taxpayer for at	122470
least the next eight calendar quarters following the election so	122471
long as at least two or more of the members of the group meet the	122472
requirements of division (A)(1) of this section.	122473

(b) Before the expiration of the eighth such calendar	122474
quarter, the group shall notify the commissioner if it elects to	122475
cancel its designation as a consolidated elected taxpayer. If the	122476
group does not so notify the tax commissioner, the election	122477
remains in effect for another eight calendar quarters.	122478

(c) If, at any time during any of those eight calendar	122479
quarters following the election, a former member of the group no	122480
longer meets the requirements under division (A)(1) of this	122481
section, that member shall report and pay the tax imposed under	122482
this chapter separately, as a member of a combined taxpayer, or,	122483
if the former member satisfies such requirements with respect to	122484
another consolidated elected group, as a member of that	122485
consolidated elected group.	122486

(d) The group agrees to the application of division (B) of	122487
this section.	122488

(B) A group of persons making the election under this section	122489
shall report and pay tax on all of the group's taxable gross	122490
receipts even if substantial nexus with this state does not exist	122491
for one or more persons in the group.	122492

(C)(1)(a) Members of a consolidated elected taxpayer group	122493
shall exclude gross receipts among persons included in the	122494
consolidated elected taxpayer group.	122495

(b) Subject to divisions (C)(1)(c) and (C)(2) of this	122496
section, nothing in this section shall have the effect of	122497
requiring a consolidated elected taxpayer group to include gross	122498
receipts received by a person enumerated in divisions (E)(2) to	122499
(10) of section 5751.01 of the Revised Code if that person is a	122500
member of the group pursuant to the elections made by the group	122501
under division (A)(1) of this section.	122502

(c)(i) As used in division (C)(1)(c) of this section, "dealer	122503
transfer" means a transfer of property that satisfies both of the	122504
following: (I) the property is directly transferred by any means	122505
from one member of the group to another member of the group that	122506
is a dealer in intangibles but is not a qualifying dealer as	122507
defined in section 5725.24 of the Revised Code; and (II) the	122508
property is subsequently delivered by the dealer in intangibles to	122509
a person that is not a member of the group.	122510

(ii) In the event of a dealer transfer, a consolidated	122511
elected taxpayer group shall not exclude, under division (C) of	122512
this section, gross receipts from the transfer described in	122513
division (C)(1)(c)(i)(I) of this section.	122514

(2) Gross receipts related to the sale or transmission of	122515
electricity through the use of an intermediary regional	122516
transmission organization approved by the federal energy	122517
regulatory commission shall be excluded from taxable gross	122518
receipts under division (C)(1) of this section if all other	122519
requirements of that division are met, even if the receipts are	122520
from and to the same member of the group.	122521

(D) To make the election to be a consolidated elected	122522
taxpayer, a group of persons shall notify the tax commissioner of	122523
the election in the manner prescribed by the commissioner and pay	122524
the commissioner a registration fee equal to the lesser of two	122525
hundred dollars or twenty dollars for each person in the group. No	122526
additional fee shall be imposed for the addition of new members to	122527
the group once the group has remitted a fee in the amount of two	122528
hundred dollars. The election shall be made and the fee paid	122529
before ~~the later of~~ the beginning of the first calendar quarter to	122530
which the election applies ~~or November 15, 2005~~. The fee shall be	122531
collected and used in the same manner as provided in section	122532
5751.04 of the Revised Code.	122533

The election shall be made on a form prescribed by the tax	122534
commissioner for that purpose and shall be signed by one or more	122535
individuals with authority, separately or together, to make a	122536
binding election on behalf of all persons in the group.	122537

Any person acquired or formed after the filing of the	122538
registration shall be included in the group if the person meets	122539
the requirements of division (A)(1) of this section, and the group	122540
shall notify the tax commissioner of any additions to the group	122541
with the next tax return it files with the commissioner.	122542

~~(E) Each member of a consolidated elected taxpayer is jointly~~	122543
~~and severally liable for the tax imposed by this chapter and any~~	122544
~~penalties or interest thereon. The tax commissioner may require~~	122545
~~one person in the group to be the taxpayer for purposes of~~	122546
~~registration and remittance of the tax, but all members of the~~	122547
~~group are subject to assessment under section 5751.09 of the~~	122548
~~Revised Code.~~	122549

Sec. 5751.012. (A) All persons, other than persons	122550
enumerated in divisions (E)(2) to (10) of section 5751.01 of the	122551
Revised Code, having more than fifty per cent of the value of	122552
their ownership interest owned or controlled, directly or	122553
constructively through related interests, by common owners during	122554
all or any portion of the tax period, together with the common	122555
owners, shall be members of a combined taxpayer if those persons	122556
are not members of a consolidated elected taxpayer pursuant to an	122557
election under section 5751.011 of the Revised Code.	122558

(B) A combined taxpayer shall register, file returns, and pay	122559
taxes under this chapter as a single taxpayer.	122560

(C) A combined taxpayer shall neither exclude taxable gross	122561
receipts between its members nor from others that are not members.	122562

(D) A combined taxpayer shall pay to the tax commissioner a	122563
registration fee equal to the lesser of two hundred dollars or	122564
twenty dollars for each person in the group. No additional fee	122565
shall be imposed for the addition of new members to the group once	122566
the group has remitted a fee in the amount of two hundred dollars.	122567
The fee shall be timely paid before the later of the beginning of	122568
the first calendar quarter or November 15, 2005. The fee shall be	122569
collected and used in the same manner as provided in section	122570
5751.04 of the Revised Code.	122571

Any person acquired or formed after the filing of the	122572
registration shall be included in the group if the person meets	122573
the requirements of division (A) of this section, and the group	122574
must notify the tax commissioner of any additions with the next	122575
quarterly tax return it files with the commissioner.	122576

~~(E) Each member of a combined taxpayer is jointly and~~	122577
~~severally liable for the tax imposed by this chapter and any~~	122578
~~penalties or interest thereon. The tax commissioner may require~~	122579
~~one person in the group to be the taxpayer for purposes of~~	122580
~~registration and remittance of the tax, but all members of the~~	122581
~~group are subject to assessment under section 5751.09 of the~~	122582
~~Revised Code.~~	122583

Sec. 5751.013. (A) Except as provided in division (B) of this	122584
section:	122585

(1) A person shall include as taxable gross receipts the	122586
value of property the person transfers into this state for the	122587
person's own use within one year after the person receives the	122588
property outside this state; and	122589

(2) In the case of ~~an elected~~a consolidated elected taxpayer	122590
group or a combined taxpayer group, the taxpayer shall include as	122591
taxable gross receipts the value of property that any of the	122592
taxpayer's members transferred into this state for the use of any	122593
of the taxpayer's members within one year after the taxpayer	122594
receives the property outside this state.	122595

(B) Property brought into this state within one year after it	122596
is received outside this state by a person or group described in	122597
division (A)(1) or (2) of this section shall not be included as	122598
taxable gross receipts as required under those divisions if the	122599
tax commissioner ascertains that the property's receipt outside	122600
this state by the person or group followed by its transfer into	122601
this state within one year was not intended in whole or in part to	122602
avoid in whole or in part the tax imposed under this chapter.	122603

(C) The tax commissioner may adopt rules necessary to	122604
administer this section.	122605

Sec. 5751.014. All members of a consolidated elected	122606
taxpayer or combined taxpayer group during the tax period or	122607
periods for which additional tax, penalty, or interest is owed are	122608
jointly and severally liable for such amounts. Although the	122609
reporting person will be assessed for the liability, such amounts	122610
due may be pursued against any member of the group when a	122611
liability is certified to the attorney general under section	122612
131.02 of the Revised Code.	122613

Sec. 5751.02. (A) For the purpose of funding the needs of	122614
this state and its local governments beginning with the tax period	122615
that commences July 1, 2005, and continuing for every tax period	122616
thereafter, there is hereby levied a commercial activity tax on	122617
each person with taxable gross receipts for the privilege of doing	122618
business in this state. For the purposes of this chapter, "doing	122619
business" means engaging in any activity, whether legal or	122620
illegal, that is conducted for, or results in, gain, profit, or	122621
income, at any time during the calendar year. Persons on which the	122622
commercial activity tax is levied include, but are not limited to,	122623
persons with substantial nexus with this state. The tax imposed	122624
under this section is not a transactional tax and is not subject	122625
to Public Law No. 86-272, 73 Stat. 555. The tax imposed under this	122626
section is in addition to any other taxes or fees imposed under	122627
the Revised Code. The tax levied under this section is imposed on	122628
the person receiving the gross receipts and is not a tax imposed	122629
directly on a purchaser. The tax imposed by this section is an	122630
annual privilege tax for the calendar year that, in the case of	122631
calendar year taxpayers, is the annual tax period and, in the case	122632
of calendar quarter taxpayers, contains all quarterly tax periods	122633
in the calendar year. A taxpayer is subject to the annual	122634
privilege tax for doing business during any portion of such	122635
calendar year.	122636

(B) The tax imposed by this section is a tax on the taxpayer	122637
and, shall not be billed or invoiced to another person. Even if	122638
the tax or any portion thereof is billed or invoiced and	122639
separately stated, such amounts remain part of the price for	122640
purposes of the sales and use taxes levied under Chapters 5739.	122641
and 5741. of the Revised Code. Nothing in division (B) of this	122642
section prohibits a:	122643

(1) A person from including in the price charged for a good	122644
or service an amount sufficient to recover the tax imposed by this	122645
section; or	122646

(2) A lessor from including an amount sufficient to recover	122647
the tax imposed by this section in a lease payment charged, or	122648
from including such an amount on a billing or invoice pursuant to	122649
the terms of a written lease agreement providing for the recovery	122650
of the lessor's tax costs. The recovery of such costs shall be	122651
based on an estimate of the total tax cost of the lessor during	122652
the tax period, as the tax liability of the lessor cannot be	122653
calculated until the end of that period.	122654

Sec. 5751.03. (A) Except as provided in divisions (B) and	122655
(D) of this section and in sections 5751.031 and 5751.032 of the	122656
Revised Code, the tax levied under this section for each tax	122657
period shall be the product of two and six-tenths mills per dollar	122658
times the remainder of the taxpayer's taxable gross receipts for	122659
the tax period after subtracting the exclusion amount provided for	122660
in division (C) of this section.	122661

(B) Notwithstanding division (C) of this section, the tax on	122662
the first one million dollars in taxable gross receipts each	122663
calendar year shall be one hundred fifty dollars. For calendar	122664
year 2006, the tax imposed under this division shall be paid not	122665
later than May 10, 2006, by both calendar year taxpayers and	122666
calendar quarter taxpayers. For calendar ~~year~~years 2007 ~~and~~	122667
~~thereafter~~, 2008, and 2009, the tax imposed under this division	122668
shall be paid with the fourth-quarter tax return or annual tax	122669
return for the prior calendar year by both calendar year	122670
taxpayers and calendar quarter taxpayers. For calendar years 2010	122671
and thereafter, the tax imposed under this division shall be paid	122672
not later than the tenth day of May of each year along with the	122673
first quarter or annual tax return, as applicable.	122674

(C)(1) Each calendar quarter taxpayer may exclude the first	122675
two hundred fifty thousand dollars of taxable gross receipts for a	122676
calendar quarter and may carry forward and apply any unused	122677
exclusion amount to the three subsequent calendar quarters. Each	122678
calendar year taxpayer may exclude the first one million dollars	122679
of taxable gross receipts for a calendar year.	122680

(2) A taxpayer switching from a calendar year tax period to a	122681
calendar quarter tax period may, for the first quarter of the	122682
change, apply the prior calendar quarter exclusion amounts to the	122683
first calendar quarter return the taxpayer files that calendar	122684
year. The tax rate shall be based on the rate imposed that	122685
calendar quarter when the taxpayer switches from a calendar year	122686
to a calendar quarter tax period.	122687

(D) There is hereby allowed a credit against the tax imposed	122688
under this chapter for each of the following calendar years if a	122689
transfer was made in the preceding calendar year from the general	122690
revenue fund to the commercial activity tax refund fund under	122691
division (D) of section 5751.032 of the Revised Code: calendar	122692
years 2008, 2010, and 2012. The credit is allowed for taxpayers	122693
that paid in full the tax imposed under this chapter for the	122694
calendar year in which the transfer was made. The amount of a	122695
taxpayer's credit equals the amount computed under division (D) of	122696
section 5751.032 of the Revised Code.	122697

Sec. 5751.04. (A) As used in this section, "person" includes	122698
a reporting person.	122699

(B) Not later than ~~the later of November 15, 2005, or~~ thirty	122700
days after a person first has more than one hundred fifty	122701
thousand dollars in taxable gross receipts in a calendar year,	122702
each person subject to this chapter shall register with the tax	122703
commissioner on the form prescribed by the commissioner. The form	122704
shall include the following:	122705

(1) The person's name;

122706

(2) If applicable, the name of the state or country under the	122707
laws of which the person is incorporated;	122708

(3) If applicable, the location of a person's principal	122709
office and the name and address of the officer or agent of the	122710
corporation in charge of the business;	122711

(4) If applicable, the names of the person's president,	122712
secretary, treasurer, and statutory agent designated pursuant to	122713
section 1703.041 of the Revised Code, with the post office address	122714
of each;	122715

(5) The kind of business in which the person is engaged,	122716
including applicable business or industry codes;	122717

(6) If required by the tax commissioner, the date of the	122718
beginning of the person's annual accounting period that includes	122719
the first day of January of the taxable calendar year;	122720

(7) If the person is not a corporation or a sole proprietor,	122721
the names of the person's owners and officers, if required by the	122722
tax commissioner;	122723

(8) The person's federal employer identification number or	122724
numbers or, if those are not applicable, the person's social	122725
security number or equivalent;	122726

(9) All other information that the commissioner requires to	122727
administer and enforce this chapter.	122728

~~(B)~~(C) Except as otherwise provided in this division, each	122729
person registering with the tax commissioner as required by	122730
division ~~(A)~~(B) of this section shall pay a registration fee. The	122731
fee shall be in the amount of fifteen dollars if a person	122732
registers electronically and twenty dollars if a person does not	122733
register electronically. The registration fee shall be paid in the	122734
manner prescribed by the tax commissioner at the same time the	122735
registration is due if a person is subject to the tax imposed	122736
under this chapter before January 1, 2006. If a person first	122737
becomes subject to the tax after that date, the registration fee	122738
is payable with the first tax period return the person is required	122739
to file as prescribed by section 5751.051 of the Revised Code. If	122740
a ~~registration fee is not paid when due~~person does not register	122741
within the time prescribed by this section, an additional fee is	122742
imposed in the amount of one hundred dollars per month or part	122743
thereof that the fee is outstanding, not to exceed one thousand	122744
dollars. The tax commissioner may abate the additional fee. The	122745
fee imposed under this division may be assessed in the same manner	122746
as the tax imposed under this chapter. Proceeds from the fee shall	122747
be credited to the commercial activity tax administrative fund,	122748
which is hereby created in the state treasury for the commissioner	122749
to use in implementing and administering the tax imposed under	122750
this chapter.	122751

~~No registration fee is payable by a person for a calendar~~	122752
~~year if the person first begins business operations in this state~~	122753
~~after the thirtieth day of November of that calendar year or if~~	122754
~~the person's taxable gross receipts for the calendar year exceed~~	122755
~~one hundred fifty thousand dollars but do not exceed one hundred~~	122756
~~fifty thousand dollars as of the first day of December of the~~	122757
~~calendar year.~~	122758

Registration fees paid under this section, excluding any	122759
additional fee imposed for ~~late payment of the registration fee~~a	122760
person's failure to timely register, shall be credited against the	122761
first payment of tax payable under section 5751.03 of the Revised	122762
Code ~~after the registration fee is paid~~.	122763

~~(C)~~(D) If a person that has registered under this section is	122764
no longer a taxpayer subject to this chapter, including no longer	122765
being a taxpayer because of the application of division (E)(1) of	122766
section 5751.01 of the Revised Code, the person shall notify the	122767
commissioner that the person's registration should be cancelled.	122768

(E) With respect to registrations received by the	122769
commissioner before the effective date of the amendment of this	122770
section by the main operating appropriations act of the 128th	122771
general assembly, the taxpayer listed as the primary taxpayer on	122772
the registration shall be the reporting person until the taxpayer	122773
notifies the commissioner otherwise.	122774

Sec. 5751.05. (A) If a person subject to this chapter	122775
anticipates that the person's taxable gross receipts will be more	122776
than one million dollars ~~or less~~ in a calendar year ~~2006~~, the	122777
person ~~may elect to be a calendar year taxpayer. If a person is~~	122778
~~not required to be registered under this section for calendar year~~	122779
~~2006 and anticipates that the person's taxable gross receipts will~~	122780
~~be one million dollars or less in the first calendar year the~~	122781
~~person is required to register under this section, the person may~~	122782
~~elect to be a calendar year taxpayer~~shall notify the tax	122783
commissioner on the person's initial registration form and file on	122784
a quarterly basis as a calendar quarter taxpayer. Any taxpayer	122785
with taxable gross receipts of one million dollars or less shall	122786
register as a calendar year taxpayer and shall file annually.	122787

(B) Any person that is a calendar year taxpayer ~~pursuant to~~	122788
~~an election~~ under division (A) of this section shall become a	122789
calendar quarter taxpayer in the subsequent calendar year if the	122790
person's taxable gross receipts for the prior calendar year are	122791
more than one million dollars, and shall remain a calendar quarter	122792
taxpayer until the person notifies the tax commissioner, and	122793
receives approval in writing from the tax commissioner, to switch	122794
back to being a calendar year taxpayer. Nothing in this division	122795
prohibits a person that has elected to be a calendar year taxpayer	122796
from notifying the tax commissioner, using the procedures	122797
prescribed by the commissioner, that it is switching back to being	122798
a calendar quarter taxpayer.	122799

(C) Any taxpayer that is not a calendar ~~year~~quarter taxpayer	122800
pursuant to this section is a calendar ~~quarter~~year taxpayer. The	122801
~~tax~~ commissioner may grant written approval for a calendar quarter	122802
taxpayer to use an alternative reporting schedule or estimate the	122803
amount of tax due for a calendar quarter if the taxpayer	122804
demonstrates to the commissioner the need for such a deviation.	122805
The commissioner may adopt a rule to apply division (C) of this	122806
section to a group of taxpayers without the taxpayers having to	122807
receive written approval from the commissioner.	122808

Sec. 5751.051. (A)(1) Not later than ~~forty days~~the tenth	122809
day of the second month after the end of each calendar quarter,	122810
every taxpayer other than a calendar year taxpayer shall file with	122811
the tax commissioner a tax return in such form as the commissioner	122812
prescribes. The return shall include, but is not limited to, the	122813
amount of the taxpayer's taxable gross receipts for the calendar	122814
quarter and shall indicate the amount of tax due under section	122815
5751.03 of the Revised Code for the calendar quarter.	122816

(2)(a) Subject to division (C) of section 5751.05 of the	122817
Revised Code, a calendar quarter taxpayer shall report the taxable	122818
gross receipts for that calendar quarter.	122819

(b) With respect to taxable gross receipts incorrectly	122820
reported in a calendar quarter that has a lower tax rate, the tax	122821
shall be computed at the tax rate in effect for the quarterly	122822
return in which such receipts should have been reported. Nothing	122823
in division (A)(2)(b) of this section prohibits a taxpayer from	122824
filing an application for refund under section 5751.08 of the	122825
Revised Code with regard to the incorrect reporting of taxable	122826
gross receipts discovered after filing the annual return described	122827
in division (A)(3) of this section.	122828

A tax return shall not be deemed to be an incorrect reporting	122829
of taxable gross receipts for the purposes of division (A)(2)(b)	122830
of this section if the return reflects between ninety-five and one	122831
hundred five per cent of the actual taxable gross receipts for the	122832
calendar quarter.	122833

(3) ~~The~~For the purposes of division (A)(2)(b) of this	122834
section, the tax return filed for the fourth calendar quarter of a	122835
calendar year is the annual return for the privilege tax imposed	122836
by this chapter. Such return shall report any additional taxable	122837
gross receipts not previously reported in the calendar year and	122838
shall adjust for any over-reported taxable gross receipts in the	122839
calendar year. If the taxpayer ceases to be a taxpayer before the	122840
end of the calendar year, the last return the taxpayer is required	122841
to file shall be the annual return for the taxpayer and the	122842
taxpayer shall report any additional taxable gross receipts not	122843
previously reported in the calendar year and shall adjust for any	122844
over-reported taxable gross receipts in the calendar year.	122845

(4) Because the tax imposed by this chapter is a privilege	122846
tax, the tax rate with respect to taxable gross receipts for a	122847
calendar quarter is not fixed until the end of the measurement	122848
period for each calendar quarter. Subject to division (A)(2)(b) of	122849
this section, the total amount of taxable gross receipts reported	122850
for a given calendar quarter shall be subject to the tax rate in	122851
effect in that quarter.	122852

(5) Not later than ~~forty days after~~the tenth day of May	122853
following the end of each calendar year, every calendar year	122854
taxpayer shall file with the tax commissioner a tax return in such	122855
form as the commissioner prescribes. The return shall include, but	122856
is not limited to, the amount of the taxpayer's taxable gross	122857
receipts for the calendar year and shall indicate the amount of	122858
tax due under section 5751.03 of the Revised Code for the calendar	122859
year.	122860

(B)(1) A person that first becomes subject to the tax imposed	122861
under this chapter shall pay the minimum tax imposed under	122862
division (B) of section 5751.03 of the Revised Code along with the	122863
registration fee imposed under this section, if applicable, on or	122864
before the day the return is required to be filed for that quarter	122865
under division (A)(1) of this section, regardless of whether the	122866
person elects to be a calendar year taxpayer under section 5751.05	122867
of the Revised Code.	122868

(2) The amount of the minimum tax for a person subject to	122869
division (B)(1) of this section shall be reduced to seventy-five	122870
dollars if the registration is timely filed after the first day of	122871
May and before the first day of January of the following calendar	122872
year.	122873

Sec. 5751.06. (A) Any taxpayer that fails to file a return	122874
or pay the full amount of the tax due within the period prescribed	122875
therefor under this chapter shall pay a penalty in an amount not	122876
exceeding the greater of fifty dollars or ten per cent of the tax	122877
required to be paid for the tax period.	122878

(B)(1) If any additional tax is found to be due, the tax	122879
commissioner may impose an additional penalty of up to fifteen per	122880
cent on the additional tax found to be due.	122881

(2) Any delinquent payments of the tax made after a taxpayer	122882
is notified of an audit or a tax discrepancy by the commissioner	122883
is subject to the penalty imposed by division (B) of this section.	122884
If an assessment is issued under section ~~5751.10~~5751.09 of the	122885
Revised Code in connection with such delinquent payments, the	122886
payments shall be credited to the assessment.	122887

(C) After calendar year 2008, the tax commissioner may impose	122888
an additional penalty against a taxpayer that fails to switch to	122889
being a calendar quarter taxpayer at the time it had over two	122890
million in taxable gross receipts in the calendar year, as	122891
required under section 5751.04 of the Revised Code. The penalty	122892
may be imposed in an amount not to exceed ten per cent of the tax	122893
due above two million dollars in taxable gross receipts for the	122894
calendar year. Any penalty imposed under this division is in	122895
addition to any other penalties imposed under this section.	122896

(D) If the tax commissioner notifies a person required to	122897
register under section 5751.05 of the Revised Code of such	122898
requirement and of the requirement to remit the tax due under this	122899
chapter, and the person fails to so register and remit the tax	122900
within sixty days after such notice, the tax commissioner may	122901
impose an additional penalty of up to thirty-five per cent of the	122902
tax due. The penalty imposed under this division is in addition to	122903
any other penalties imposed under this section.	122904

(E) The tax commissioner may collect any penalty or interest	122905
imposed by this section in the same manner as the tax imposed	122906
under this chapter. Penalties and interest so collected shall be	122907
considered as revenue arising from the tax imposed under this	122908
chapter.	122909

(F) The tax commissioner may abate all or a portion of any	122910
penalties imposed under this section and may adopt rules governing	122911
such abatements.	122912

(G) If any tax due is not timely paid in accordance with this	122913
chapter, the taxpayer shall pay interest, calculated at the rate	122914
per annum prescribed by section 5703.47 of the Revised Code, from	122915
the date the tax payment was due to the date of payment or to the	122916
date an assessment was issued, whichever occurs first.	122917

(H) The tax commissioner may impose a penalty of up to ten	122918
per cent for any additional tax that is due under division	122919
(A)(2)(b) of section 5751.051 of the Revised Code from a taxpayer	122920
incorrectly reporting its taxable gross receipts.	122921

(I) If the tax commissioner discovers that a taxpayer has	122922
billed or invoiced another person for the tax imposed under this	122923
chapter in violation of division (B) of section 5751.02 of the	122924
Revised Code, the tax commissioner shall notify the taxpayer of	122925
the violation by certified mail and may impose a penalty of up to	122926
five hundred dollars. If the taxpayer subsequently bills or	122927
invoices a person for the tax imposed under this chapter, the tax	122928
commissioner shall impose a penalty of five hundred dollars.	122929

Sec. 5751.08. (A) An application for refund to the taxpayer	122930
of the amount of taxes imposed under this chapter that are	122931
overpaid, paid illegally or erroneously, or paid on any illegal or	122932
erroneous assessment shall be filed by the reporting person with	122933
the tax commissioner, on the form prescribed by the commissioner,	122934
within four years after the date of the illegal or erroneous	122935
payment of the tax. The applicant shall provide the amount of	122936
the requested refund along with the claimed reasons for, and	122937
documentation to support, the issuance of a refund.	122938

(B) On the filing of the refund application, the tax	122939
commissioner shall determine the amount of refund to which the	122940
applicant is entitled. If the amount is not less than that	122941
claimed, the commissioner shall certify the amount to the director	122942
of budget and management and treasurer of state for payment from	122943
the tax refund fund created under section 5703.052 of the Revised	122944
Code. If the amount is less than that claimed, the commissioner	122945
shall proceed in accordance with section 5703.70 of the Revised	122946
Code.	122947

(C) Interest on a refund applied for under this section,	122948
computed at the rate provided for in section 5703.47 of the	122949
Revised Code, shall be allowed from the later of the date the tax	122950
was paid or when the tax payment was due.	122951

(D) A calendar quarter taxpayer with more than one million	122952
dollars in taxable gross receipts in a calendar year other than	122953
calendar year 2005 and that is not able to exclude one million	122954
dollars in taxable gross receipts because of the operation of the	122955
taxpayer's business in that calendar year may file for a refund	122956
under this section to obtain the full exclusion of one million	122957
dollars in taxable gross receipts for that calendar year.	122958

(E) No person with an active registration as a taxpayer under	122959
this chapter may claim a refund under this section for the tax	122960
imposed under division (B) of section 5751.03 of the Revised Code	122961
unless the person cancelled the registration before the tenth day	122962
of ~~February~~May of the current calendar year pursuant to division	122963
~~(C)~~(D) of section 5751.04 of the Revised Code.	122964

(F) Except as provided in section 5751.091 of the Revised	122965
Code, the tax commissioner may, with the consent of the taxpayer,	122966
provide for the crediting against tax due for a tax year the	122967
amount of any refund due the taxpayer under this chapter for a	122968
preceding tax year.	122969

Sec. 5751.09. (A) The tax commissioner may make an	122970
assessment, based on any information in the commissioner's	122971
possession, against any person that fails to file a return or pay	122972
any tax as required by this chapter. The commissioner shall give	122973
the person assessed written notice of the assessment as provided	122974
in section 5703.37 of the Revised Code. With the notice, the	122975
commissioner shall provide instructions on the manner in which to	122976
petition for reassessment and request a hearing with respect to	122977
the petition. The commissioner shall send any assessments against	122978
consolidated elected taxpayer and combined taxpayer groups under	122979
section 5751.011 or 5751.012 of the Revised Code to the taxpayer's	122980
"reporting person" as defined under division (R) of section	122981
5751.01 of the Revised Code. The reporting person shall notify all	122982
members of the group of the assessment and all outstanding taxes,	122983
interest, and penalties for which the assessment is issued.	122984

(B) Unless the person assessed, within sixty days after	122985
service of the notice of assessment, files with the tax	122986
commissioner, either personally or by certified mail, a written	122987
petition signed by the person or the person's authorized agent	122988
having knowledge of the facts, the assessment becomes final, and	122989
the amount of the assessment is due and payable from the person	122990
assessed to the treasurer of state. The petition shall indicate	122991
the objections of the person assessed, but additional objections	122992
may be raised in writing if received by the commissioner prior to	122993
the date shown on the final determination.	122994

If a petition for reassessment has been properly filed, the	122995
commissioner shall proceed under section 5703.60 of the Revised	122996
Code.	122997

(C)(1) After an assessment becomes final, if any portion of	122998
the assessment, including accrued interest, remains unpaid, a	122999
certified copy of the tax commissioner's entry making the	123000
assessment final may be filed in the office of the clerk of the	123001
court of common pleas in the county in which the person resides or	123002
has its principal place of business in this state, or in the	123003
office of the clerk of court of common pleas of Franklin county.	123004

(2) Immediately upon the filing of the entry, the clerk shall	123005
enter judgment for the state against the person assessed in the	123006
amount shown on the entry. The judgment may be filed by the clerk	123007
in a loose-leaf book entitled, "special judgments for the	123008
commercial activity tax" and shall have the same effect as other	123009
judgments. Execution shall issue upon the judgment at the request	123010
of the tax commissioner, and all laws applicable to sales on	123011
execution shall apply to sales made under the judgment.	123012

(3) The portion of the assessment not paid within sixty days	123013
after the day the assessment was issued shall bear interest at the	123014
rate per annum prescribed by section 5703.47 of the Revised Code	123015
from the day the tax commissioner issues the assessment until it	123016
is paid. Interest shall be paid in the same manner as the tax and	123017
may be collected by the issuance of an assessment under this	123018
section.	123019

(D) If the tax commissioner believes that collection of the	123020
tax will be jeopardized unless proceedings to collect or secure	123021
collection of the tax are instituted without delay, the	123022
commissioner may issue a jeopardy assessment against the person	123023
liable for the tax. Immediately upon the issuance of the jeopardy	123024
assessment, the commissioner shall file an entry with the clerk of	123025
the court of common pleas in the manner prescribed by division (C)	123026
of this section. Notice of the jeopardy assessment shall be served	123027
on the person assessed or the person's authorized agent in the	123028
manner provided in section 5703.37 of the Revised Code within five	123029
days of the filing of the entry with the clerk. The total amount	123030
assessed is immediately due and payable, unless the person	123031
assessed files a petition for reassessment in accordance with	123032
division (B) of this section and provides security in a form	123033
satisfactory to the commissioner and in an amount sufficient to	123034
satisfy the unpaid balance of the assessment. Full or partial	123035
payment of the assessment does not prejudice the commissioner's	123036
consideration of the petition for reassessment.	123037

(E) The tax commissioner shall immediately forward to the	123038
treasurer of state all amounts the commissioner receives under	123039
this section, and such amounts shall be considered as revenue	123040
arising from the tax imposed under this chapter.	123041

(F) Except as otherwise provided in this division, no	123042
assessment shall be made or issued against a taxpayer for the tax	123043
imposed under this chapter more than four years after the due date	123044
for the filing of the return for the tax period for which the tax	123045
was reported, or more than four years after the return for the tax	123046
period was filed, whichever is later. Nothing in this division	123047
bars an assessment against a taxpayer that fails to file a return	123048
required by this chapter or that files a fraudulent return.	123049

(G) If the tax commissioner possesses information that	123050
indicates that the amount of tax a taxpayer is required to pay	123051
under this chapter exceeds the amount the taxpayer paid, the tax	123052
commissioner may audit a sample of the taxpayer's gross receipts	123053
over a representative period of time to ascertain the amount of	123054
tax due, and may issue an assessment based on the audit. The tax	123055
commissioner shall make a good faith effort to reach agreement	123056
with the taxpayer in selecting a representative sample. The tax	123057
commissioner may apply a sampling method only if the commissioner	123058
has prescribed the method by rule.	123059

(H) If the whereabouts of a person subject to this chapter is	123060
not known to the tax commissioner, the ~~secretary of state is~~	123061
~~hereby deemed to be that person's agent for purposes of service of~~	123062
~~process of notice of any assessment, action, or proceedings~~	123063
~~instituted in this state against the person under this chapter.~~	123064
~~Such process or notice shall be served on such person by the~~	123065
~~commissioner or by one of the commissioner's agents by leaving at~~	123066
~~the office of the secretary of state, at least fifteen days before~~	123067
~~the return day of such process or notice, a true and attested copy~~	123068
~~of the notice, and by sending to such person by ordinary mail,~~	123069
~~with an endorsement thereon of the service upon the secretary of~~	123070
~~state, addressed to such person at the person's last known~~	123071
~~address~~commissioner shall follow the procedures under section	123072
5703.37 of the Revised Code.	123073

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	123074
the Revised Code:	123075

(1) "School district," "joint vocational school district,"	123076
"local taxing unit," "recognized valuation," "fixed-rate levy,"	123077
and "fixed-sum levy" have the same meanings as used in section	123078
5727.84 of the Revised Code.	123079

(2) "State education aid" for a school district means the	123080
following:	123081

(a) For fiscal years prior to fiscal year 2010, the sum of	123082
state aid amounts computed for the district under division (A) of	123083
section 3317.022 of the Revised Code, including the amounts	123084
calculated under sections 3317.029 and 3317.0217 of the Revised	123085
Code; divisions (C)(1), (C)(4), (D), (E), and (F) of section	123086
3317.022; divisions (B), (C), and (D) of section 3317.023;	123087
divisions (L) and (N) of section 3317.024; section 3317.0216; and	123088
any unit payments for gifted student services paid under sections	123089
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	123090
for fiscal years 2008 and 2009, the amount computed for the	123091
district under Section 269.20.80 of H.B. 119 of the 127th general	123092
assembly and as that section subsequently may be amended shall be	123093
substituted for the amount computed under division (D) of section	123094
3317.022 of the Revised Code, and the amount computed under	123095
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	123096
that section subsequently may be amended shall be included.	123097

(b) For fiscal year 2010 and for each fiscal year	123098
thereafter, the sum of the amounts computed under sections	123099
3306.052, 3306.12, 3306.13, 3306.19, 3306.191, and 3306.192 of	123100
the Revised Code.	123101

(3) "State education aid" for a joint vocational school	123102
district means the following:	123103

(a) For fiscal years prior to fiscal year 2010, the sum of	123104
the state aid computed for the district under division (N) of	123105
section 3317.024 and section 3317.16 of the Revised Code, except	123106
that, for fiscal years 2008 and 2009, the amount computed under	123107
Section 269.30.80 of H.B. 119 of the 127th general assembly and	123108
as that section subsequently may be amended shall be included.	123109

(b) For fiscal years 2010 and 2011, the amount paid in	123110
accordance with the section of this act entitled "FUNDING FOR	123111
JOINT VOCATIONAL SCHOOL DISTRICTS."	123112

(4) "State education aid offset" means the amount determined	123113
for each school district or joint vocational school district under	123114
division (A)(1) of section 5751.21 of the Revised Code.	123115

(5) "Machinery and equipment property tax value loss" means	123116
the amount determined under division (C)(1) of this section.	123117

(6) "Inventory property tax value loss" means the amount	123118
determined under division (C)(2) of this section.	123119

(7) "Furniture and fixtures property tax value loss" means	123120
the amount determined under division (C)(3) of this section.	123121

(8) "Machinery and equipment fixed-rate levy loss" means the	123122
amount determined under division (D)(1) of this section.	123123

(9) "Inventory fixed-rate levy loss" means the amount	123124
determined under division (D)(2) of this section.	123125

(10) "Furniture and fixtures fixed-rate levy loss" means the	123126
amount determined under division (D)(3) of this section.	123127

(11) "Total fixed-rate levy loss" means the sum of the	123128
machinery and equipment fixed-rate levy loss, the inventory	123129
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	123130
loss, and the telephone company fixed-rate levy loss.	123131

(12) "Fixed-sum levy loss" means the amount determined under	123132
division (E) of this section.	123133

(13) "Machinery and equipment" means personal property	123134
subject to the assessment rate specified in division (F) of	123135
section 5711.22 of the Revised Code.	123136

(14) "Inventory" means personal property subject to the	123137
assessment rate specified in division (E) of section 5711.22 of	123138
the Revised Code.	123139

(15) "Furniture and fixtures" means personal property	123140
subject to the assessment rate specified in division (G) of	123141
section 5711.22 of the Revised Code.	123142

(16) "Qualifying levies" are levies in effect for tax year	123143
2004 or applicable to tax year 2005 or approved at an election	123144
conducted before September 1, 2005. For the purpose of	123145
determining the rate of a qualifying levy authorized by section	123146
5705.212 or 5705.213 of the Revised Code, the rate shall be the	123147
rate that would be in effect for tax year 2010.	123148

(17) "Telephone property" means tangible personal property	123149
of a telephone, telegraph, or interexchange telecommunications	123150
company subject to an assessment rate specified in section	123151
5727.111 of the Revised Code in tax year 2004.	123152

(18) "Telephone property tax value loss" means the amount	123153
determined under division (C)(4) of this section.	123154

(19) "Telephone property fixed-rate levy loss" means the	123155
amount determined under division (D)(4) of this section.	123156

(B) The commercial activities tax receipts fund is hereby	123157
created in the state treasury and shall consist of money arising	123158
from the tax imposed under this chapter. ~~All money in that~~	123159
Eighty-five one-hundredths of one per cent of the money credited	123160
to that fund shall be credited to the tax reform system	123161
implementation fund, which is hereby created in the state	123162
treasury, and shall be used to defray the costs incurred by the	123163
department of taxation in administering the tax imposed by this	123164
chapter and in implementing tax reform measures. The remainder in	123165
the commercial activities tax receipts fund shall be credited for	123166
each fiscal year in the following percentages to the general	123167
revenue fund, to the school district tangible property tax	123168
replacement fund, which is hereby created in the state treasury	123169
for the purpose of making the payments described in section	123170
5751.21 of the Revised Code, and to the local government tangible	123171
property tax replacement fund, which is hereby created in the	123172
state treasury for the purpose of making the payments described	123173
in section 5751.22 of the Revised Code, in the following	123174
percentages:	123175

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	123176
2006	67.7%	22.6%	9.7%	123177
2007	0%	70.0%	30.0%	123178
2008	0%	70.0%	30.0%	123179
2009	0%	70.0%	30.0%	123180
2010	0%	70.0%	30.0%	123181
2011 and thereafter	0%	70.0%	30.0%	123182
~~2012~~	~~5.3%~~	~~70.0%~~	~~24.7%~~	123183
~~2013~~	~~10.6%~~	~~70.0%~~	~~19.4%~~	123184
~~2014~~	~~14.1%~~	~~70.0%~~	~~15.9%~~	123185
~~2015~~	~~17.6%~~	~~70.0%~~	~~12.4%~~	123186
~~2016~~	~~21.1%~~	~~70.0%~~	~~8.9%~~	123187
~~2017~~	~~24.6%~~	~~70.0%~~	~~5.4%~~	123188
~~2018~~	~~28.1%~~	~~70.0%~~	~~1.9%~~	123189
~~2019 and thereafter~~	~~30%~~	~~70%~~	0%	123190

(C) Not later than September 15, 2005, the tax commissioner	123191
shall determine for each school district, joint vocational school	123192
district, and local taxing unit its machinery and equipment,	123193
inventory property, furniture and fixtures property, and telephone	123194
property tax value losses, which are the applicable amounts	123195
described in divisions (C)(1), (2), (3), and (4) of this section,	123196
except as provided in division (C)(5) of this section:	123197

(1) Machinery and equipment property tax value loss is the	123198
taxable value of machinery and equipment property as reported by	123199
taxpayers for tax year 2004 multiplied by:	123200

(a) For tax year 2006, thirty-three and eight-tenths per	123201
cent;	123202

(b) For tax year 2007, sixty-one and three-tenths per cent;

123203

123204

(d) For tax year 2009 and thereafter, one hundred per cent.

123205

(2) Inventory property tax value loss is the taxable value of	123206
inventory property as reported by taxpayers for tax year 2004	123207
multiplied by:	123208

(a) For tax year 2006, a fraction, the numerator of which is	123209
five and three-fourths and the denominator of which is	123210
twenty-three;	123211

(b) For tax year 2007, a fraction, the numerator of which is	123212
nine and one-half and the denominator of which is twenty-three;	123213

(c) For tax year 2008, a fraction, the numerator of which is	123214
thirteen and one-fourth and the denominator of which is	123215
twenty-three;	123216

(d) For tax year 2009 and thereafter a fraction, the	123217
numerator of which is seventeen and the denominator of which is	123218
twenty-three.	123219

(3) Furniture and fixtures property tax value loss is the	123220
taxable value of furniture and fixture property as reported by	123221
taxpayers for tax year 2004 multiplied by:	123222

(a) For tax year 2006, twenty-five per cent;

123223

(b) For tax year 2007, fifty per cent;

123224

123225

(d) For tax year 2009 and thereafter, one hundred per cent.

123226

The taxable value of property reported by taxpayers used in	123227
divisions (C)(1), (2), and (3) of this section shall be such	123228
values as determined to be final by the tax commissioner as of	123229
August 31, 2005. Such determinations shall be final except for any	123230
correction of a clerical error that was made prior to August 31,	123231
2005, by the tax commissioner.	123232

(4) Telephone property tax value loss is the taxable value of	123233
telephone property as taxpayers would have reported that property	123234
for tax year 2004 if the assessment rate for all telephone	123235
property for that year were twenty-five per cent, multiplied by:	123236

(a) For tax year 2006, zero per cent;

123237

(b) For tax year 2007, zero per cent;

123238

123239

(d) For tax year 2009, sixty per cent;

123240

(e) For tax year 2010, eighty per cent;

123241

(f) For tax year 2011 and thereafter, one hundred per cent.

123242

(5) Division (C)(5) of this section applies to any school	123243
district, joint vocational school district, or local taxing unit	123244
in a county in which is located a facility currently or formerly	123245
devoted to the enrichment or commercialization of uranium or	123246
uranium products, and for which the total taxable value of	123247
property listed on the general tax list of personal property for	123248
any tax year from tax year 2001 to tax year 2004 was fifty per	123249
cent or less of the taxable value of such property listed on the	123250
general tax list of personal property for the next preceding tax	123251
year.	123252

In computing the fixed-rate levy losses under divisions	123253
(D)(1), (2), and (3) of this section for any school district,	123254
joint vocational school district, or local taxing unit to which	123255
division (C)(5) of this section applies, the taxable value of such	123256
property as listed on the general tax list of personal property	123257
for tax year 2000 shall be substituted for the taxable value of	123258
such property as reported by taxpayers for tax year 2004, in the	123259
taxing district containing the uranium facility, if the taxable	123260
value listed for tax year 2000 is greater than the taxable value	123261
reported by taxpayers for tax year 2004. For the purpose of making	123262
the computations under divisions (D)(1), (2), and (3) of this	123263
section, the tax year 2000 valuation is to be allocated to	123264
machinery and equipment, inventory, and furniture and fixtures	123265
property in the same proportions as the tax year 2004 values. For	123266
the purpose of the calculations in division (A) of section 5751.21	123267
of the Revised Code, the tax year 2004 taxable values shall be	123268
used.	123269

To facilitate the calculations required under division (C) of	123270
this section, the county auditor, upon request from the tax	123271
commissioner, shall provide by August 1, 2005, the values of	123272
machinery and equipment, inventory, and furniture and fixtures for	123273
all single-county personal property taxpayers for tax year 2004.	123274

(D) Not later than September 15, 2005, the tax commissioner	123275
shall determine for each tax year from 2006 through 2009 for each	123276
school district, joint vocational school district, and local	123277
taxing unit its machinery and equipment, inventory, and furniture	123278
and fixtures fixed-rate levy losses, and for each tax year from	123279
2006 through 2011 its telephone property fixed-rate levy loss,	123280
~~which~~. Except as provided in division (F) of this section, such	123281
losses are the applicable amounts described in divisions (D)(1),	123282
(2), (3), and (4) of this section:	123283

(1) The machinery and equipment fixed-rate levy loss is the	123284
machinery and equipment property tax value loss multiplied by the	123285
sum of the tax rates of fixed-rate qualifying levies.	123286

(2) The inventory fixed-rate loss is the inventory property	123287
tax value loss multiplied by the sum of the tax rates of	123288
fixed-rate qualifying levies.	123289

(3) The furniture and fixtures fixed-rate levy loss is the	123290
furniture and fixture property tax value loss multiplied by the	123291
sum of the tax rates of fixed-rate qualifying levies.	123292

(4) The telephone property fixed-rate levy loss is the	123293
telephone property tax value loss multiplied by the sum of the tax	123294
rates of fixed-rate qualifying levies.	123295

(E) Not later than September 15, 2005, the tax commissioner	123296
shall determine for each school district, joint vocational school	123297
district, and local taxing unit its fixed-sum levy loss. The	123298
fixed-sum levy loss is the amount obtained by subtracting the	123299
amount described in division (E)(2) of this section from the	123300
amount described in division (E)(1) of this section:	123301

(1) The sum of the machinery and equipment property tax value	123302
loss, the inventory property tax value loss, and the furniture and	123303
fixtures property tax value loss, and, for 2008 ~~through 2017~~and	123304
thereafter the telephone property tax value loss of the district	123305
or unit multiplied by the sum of the fixed-sum tax rates of	123306
qualifying levies. For 2006 through 2010, this computation shall	123307
include all qualifying levies remaining in effect for the current	123308
tax year and any school district levies imposed under section	123309
5705.194 or 5705.213 of the Revised Code that are qualifying	123310
levies not remaining in effect for the current year. For 2011	123311
~~through 2017 in the case of school district levies imposed~~	123312
~~under section 5705.194 or 5705.213 of the Revised Code and for~~	123313
~~all years after 2010 in the case of other fixed-sum levies~~and	123314
thereafter, this computation shall include only qualifying	123315
levies remaining in effect for the current year. For purposes	123316
of this computation, a qualifying school district levy imposed	123317
under section 5705.194 or 5705.213 of the Revised Code remains	123318
in effect in a year after 2010 only if, for that year, the	123319
board of education levies a school district levy imposed under	123320
section 5705.194 or, 5705.199, 5705.213, or 5705.219 of the	123321
Revised Code for an annual sum at least equal to the annual	123322
sum levied by the board in tax year 2004 less the amount of	123323
the payment certified under this division for 2006.	123324

(2) The total taxable value in tax year 2004 less the sum of	123325
the machinery and equipment, inventory, furniture and fixtures,	123326
and telephone property tax value losses in each school district,	123327
joint vocational school district, and local taxing unit multiplied	123328
by one-half of one mill per dollar.	123329

(3) For the calculations in divisions (E)(1) and (2) of this	123330
section, the tax value losses are those that would be calculated	123331
for tax year 2009 under divisions (C)(1), (2), and (3) of this	123332
section and for tax year 2011 under division (C)(4) of this	123333
section.	123334

(4) To facilitate the calculation under divisions (D) and (E)	123335
of this section, not later than September 1, 2005, any school	123336
district, joint vocational school district, or local taxing unit	123337
that has a qualifying levy that was approved at an election	123338
conducted during 2005 before September 1, 2005, shall certify to	123339
the tax commissioner a copy of the county auditor's certificate of	123340
estimated property tax millage for such levy as required under	123341
division (B) of section 5705.03 of the Revised Code, which is the	123342
rate that shall be used in the calculations under such divisions.	123343

If the amount determined under division (E) of this section	123344
for any school district, joint vocational school district, or	123345
local taxing unit is greater than zero, that amount shall equal	123346
the reimbursement to be paid pursuant to division (E) of section	123347
5751.21 or division (A)(3) of section 5751.22 of the Revised	123348
Code, and the one-half of one mill that is subtracted under	123349
division (E)(2) of this section shall be apportioned among all	123350
contributing fixed-sum levies in the proportion that each levy	123351
bears to the sum of all fixed-sum levies within each school	123352
district, joint vocational school district, or local taxing unit.	123353

(F) If a school district levies a tax under section 5705.219	123354
of the Revised Code, the fixed-rate levy loss for qualifying	123355
levies, to the extent repealed under that section, shall equal the	123356
sum of the following amounts in lieu of the amounts computed for	123357
such levies under division (D) of this section:	123358

(1) The sum of the rates of qualifying levies to the extent	123359
so repealed multiplied by the sum of the machinery and equipment,	123360
inventory, and furniture and fixtures tax value losses for 2009 as	123361
determined under that division;	123362

(2) The sum of the rates of qualifying levies to the extent	123363
so repealed multiplied by the telephone property tax value loss	123364
for 2011 as determined under that division.	123365

The fixed-rate levy losses for qualifying levies to the	123366
extent not repealed under section 5705.219 of the Revised Code	123367
shall be as determined under division (D) of this section. The	123368
revised fixed-rate levy losses determined under this division and	123369
division (D) of this section first apply in the year following the	123370
first year the district levies the tax under section 5705.219 of	123371
the Revised Code.	123372

(G) Not later than October 1, 2005, the tax commissioner	123373
shall certify to the department of education for every school	123374
district and joint vocational school district the machinery and	123375
equipment, inventory, furniture and fixtures, and telephone	123376
property tax value losses determined under division (C) of this	123377
section, the machinery and equipment, inventory, furniture and	123378
fixtures, and telephone fixed-rate levy losses determined under	123379
division (D) of this section, and the fixed-sum levy losses	123380
calculated under division (E) of this section. The calculations	123381
under divisions (D) and (E) of this section shall separately	123382
display the levy loss for each levy eligible for reimbursement.	123383

~~(G)~~(H) Not later than October 1, 2005, the tax commissioner	123384
shall certify the amount of the fixed-sum levy losses to the	123385
county auditor of each county in which a school district, joint	123386
vocational school district, or local taxing unit with a fixed-sum	123387
levy loss reimbursement has territory.	123388

(I) Not later than the twenty-eighth day of February each	123389
year beginning in 2011 and ending in 2014, the tax commissioner	123390
shall certify to the department of education for each school	123391
district first levying a tax under section 5705.219 of the Revised	123392
Code in the preceding year the revised fixed-rate levy losses	123393
determined under divisions (D) and (F) of this section.	123394

Sec. 5751.21. (A) Not later than the thirtieth day of July	123395
of 2007 ~~through 2017~~and of each year thereafter, the department	123396
of education shall consult with the director of budget and	123397
management and determine the following for each school district	123398
and each joint vocational school district eligible for payment	123399
under division (B) of this section:	123400

(1) The state education aid offset, which is the difference	123401
obtained by subtracting the amount described in division (A)(1)(b)	123402
of this section from the amount described in division (A)(1)(a) of	123403
this section:	123404

(a) The state education aid computed for the school district	123405
or joint vocational school district for the current fiscal year as	123406
of the thirtieth day of July;	123407

(b) The state education aid that would be computed for the	123408
school district or joint vocational school district for the	123409
current fiscal year as of the thirtieth day of July if the	123410
recognized valuation included the machinery and equipment,	123411
inventory, furniture and fixtures, and telephone property tax	123412
value losses for the school district or joint vocational school	123413
district for the second preceding tax year, and if taxes charged	123414
and payable associated with the tax value losses are accounted for	123415
in any state education aid computation dependent on taxes charged	123416
and payable.	123417

(2) The greater of zero or the difference obtained by	123418
subtracting the state education aid offset determined under	123419
division (A)(1) of this section from the sum of the machinery and	123420
equipment fixed-rate levy loss, the inventory fixed-rate levy	123421
loss, furniture and fixtures fixed-rate levy loss, and telephone	123422
property fixed-rate levy loss certified under ~~division (F)~~	123423
divisions (G) and (I) of section 5751.20 of the Revised Code for	123424
all taxing districts in each school district and joint vocational	123425
school district for the second preceding tax year.	123426

By the thirtieth day of July of each such year, the	123427
department of education and the director of budget and management	123428
shall agree upon the amount to be determined under division	123429
(A)(1) of this section.	123430

(B) On or before the thirty-first day of August of each year	123431
beginning in 2008, the department of education shall recalculate	123432
the offset described under division (A) of this section for the	123433
previous fiscal year and recalculate the payments made under	123434
division (C) of this section in the preceding fiscal year using	123435
the offset calculated under this division. If the payments	123436
calculated under this division differ from the payments made under	123437
division (C) of this section in the preceding fiscal year, the	123438
difference shall either be paid to a school district or recaptured	123439
from a school district through an adjustment at the same times	123440
during the current fiscal year that the payments under division	123441
(C) of this section are made. In August and October of the current	123442
fiscal year, the amount of each adjustment shall be three-sevenths	123443
of the amount calculated under this division. In May of the	123444
current fiscal year, the adjustment shall be one-seventh of the	123445
amount calculated under this division.	123446

(C) The department of education shall pay from the school	123447
district tangible property tax replacement fund to each school	123448
district and joint vocational school district all of the following	123449
for fixed-rate levy losses certified under ~~division (F)~~divisions	123450
(G) and (I) of section 5751.20 of the Revised Code:	123451

(1) On or before May 31, 2006, one-seventh of the total	123452
fixed-rate levy loss for tax year 2006;	123453

(2) On or before August 31, 2006, and October 31, 2006,	123454
one-half of six-sevenths of the total fixed-rate levy loss for tax	123455
year 2006;	123456

(3) On or before May 31, 2007, one-seventh of the total	123457
fixed-rate levy loss for tax year 2007;	123458

(4) On or before August 31, 2007, and October 31, 2007,	123459
forty-three per cent of the amount determined under division	123460
(A)(2) of this section for fiscal year 2008, but not less than	123461
zero, plus one-half of six-sevenths of the difference between the	123462
total fixed-rate levy loss for tax year 2007 and the total	123463
fixed-rate levy loss for tax year 2006.	123464

(5) On or before May 31, 2008, fourteen per cent of the	123465
amount determined under division (A)(2) of this section for	123466
fiscal year 2008, but not less than zero, plus one-seventh of the	123467
difference between the total fixed-rate levy loss for tax year	123468
2008 and the total fixed-rate levy loss for tax year 2006.	123469

(6) On or before August 31, 2008, and October 31, 2008,	123470
forty-three per cent of the amount determined under division	123471
(A)(2) of this section for fiscal year 2009, but not less than	123472
zero, plus one-half of six-sevenths of the difference between the	123473
total fixed-rate levy loss in tax year 2008 and the total	123474
fixed-rate levy loss in tax year 2007.	123475

(7) On or before May 31, 2009, fourteen per cent of the	123476
amount determined under division (A)(2) of this section for	123477
fiscal year 2009, but not less than zero, plus one-seventh of the	123478
difference between the total fixed-rate levy loss for tax year	123479
2009 and the total fixed-rate levy loss for tax year 2007.	123480

(8) On or before August 31, 2009, and October 31, 2009,	123481
forty-three per cent of the amount determined under division	123482
(A)(2) of this section for fiscal year 2010, but not less than	123483
zero, plus one-half of six-sevenths of the difference between the	123484
total fixed-rate levy loss in tax year 2009 and the total	123485
fixed-rate levy loss in tax year 2008.	123486

(9) On or before May 31, 2010, fourteen per cent of the	123487
amount determined under division (A)(2) of this section for	123488
fiscal year 2010, but not less than zero, plus one-seventh of the	123489
difference between the total fixed-rate levy loss in tax year 2010	123490
and the total fixed-rate levy loss in tax year 2008.	123491

(10) On or before August 31, 2010, and October 31, 2010,	123492
forty-three per cent of the amount determined under division	123493
(A)(2) of this section for fiscal year 2011, but not less than	123494
zero, plus one-half of six-sevenths of the difference between the	123495
telephone property fixed-rate levy loss for tax year 2010 and the	123496
telephone property fixed-rate levy loss for tax year 2009.	123497

(11) On or before May 31, 2011, fourteen per cent of the	123498
amount determined under division (A)(2) of this section for	123499
fiscal year 2011, but not less than zero, plus one-seventh of the	123500
difference between the telephone property fixed-rate levy loss for	123501
tax year 2011 and the telephone property fixed-rate levy loss for	123502
tax year 2009.	123503

(12) On or before August 31, 2011, and October 31, 2011,	123504
forty-three per cent of the amount determined under division	123505
(A)(2) of this section ~~multiplied by a fraction, the numerator~~	123506
~~of which is fourteen and the denominator of which is seventeen~~,	123507
but not less than zero, ~~multiplied by forty-three per cent,~~ plus	123508
one-half of six-sevenths of the difference between the telephone	123509
property fixed-rate levy loss for tax year 2011 and the telephone	123510
property fixed-rate levy loss for tax year 2010.	123511

(13) On or before May 31, 2012, fourteen per cent of the	123512
amount determined under division (A)(2) of this section for	123513
fiscal year 2012, ~~multiplied by a fraction, the numerator of~~	123514
~~which is fourteen and the denominator of which is seventeen~~but	123515
not less than zero, plus one-seventh of the difference between	123516
the telephone property fixed-rate levy loss for tax year 2011 and	123517
the telephone property fixed-rate levy loss for tax year 2010.	123518

(14) On or before ~~August 31, 2012, October 31, 2012, and May~~	123519
~~31, 2013, the amount determined under division (A)(2) of this~~	123520
~~section multiplied by a fraction, the numerator of which is~~	123521
~~eleven and the denominator of which is seventeen, but not less~~	123522
~~than zero, multiplied by one-third.~~	123523

~~(15) On or before August 31, 2013, October 31, 2013, and May~~	123524
~~31, 2014, the amount determined under division (A)(2) of this~~	123525
~~section multiplied by a fraction, the numerator of which is nine~~	123526
~~and the denominator of which is seventeen, but not less than~~	123527
~~zero, multiplied by one-third.~~	123528

~~(16) On or before August 31, 2014, October 31, 2014, and May~~	123529
~~31, 2015, the amount determined under division (A)(2) of this~~	123530
~~section multiplied by a fraction, the numerator of which is seven~~	123531
~~and the denominator of which is seventeen, but not less than~~	123532
~~zero, multiplied by one-third.~~	123533

~~(17) On or before August 31, 2015, October 31, 2015, and May~~	123534
~~31, 2016, the amount determined under division (A)(2) of this~~	123535
~~section multiplied by a fraction, the numerator of which is five~~	123536
~~and the denominator of which is seventeen, but not less than~~	123537
~~zero, multiplied by one-third.~~	123538

~~(18) On or before August 31, 2016, October 31, 2016, and May~~	123539
~~31, 2017, the amount determined under division (A)(2) of this~~	123540
~~section multiplied by a fraction, the numerator of which is three~~	123541
~~and the denominator of which is seventeen, but not less than~~	123542
~~zero, multiplied by one-third.~~	123543

~~(19) On or before August 31, 2017, October 31, 2017, and May~~	123544
~~31, 2018, the amount determined under division (A)(2) of this~~	123545
~~section multiplied by a fraction, the numerator of which is one~~	123546
~~and the denominator of which is seventeen, but not less than~~	123547
~~zero, multiplied by one-third~~the thirty-first day of August and	123548
October of 2012 and of each year thereafter and the thirty-first	123549
day of May of 2013 and of each year thereafter, one-third of the	123550
amount determined under division (A)(2) of this section, but not	123551
less than zero.	123552

The department of education shall report to each school	123553
district and joint vocational school district the apportionment of	123554
the payments among the school district's or joint vocational	123555
school district's funds based on the certifications under ~~division~~	123556
~~(F)~~divisions (G) and (I) of section 5751.20 of the Revised Code.	123557

Any qualifying levy that is a fixed-rate levy that is not	123558
applicable to a tax year after 2010 does not qualify for any	123559
reimbursement after the tax year to which it is last applicable.	123560

(D) For taxes levied within the ten-mill limitation for debt	123561
purposes in tax year 2005, payments shall be made equal to one	123562
hundred per cent of the loss computed as if the tax were a	123563
fixed-rate levy~~, but those payments shall extend from fiscal year~~	123564
~~2006 through fiscal year 2018, as long as the qualifying levy~~	123565
~~continues to be used for debt purposes. If the purpose of such a~~	123566
~~qualifying levy is changed, that levy becomes subject to the~~	123567
~~payments determined in division (C) of this section~~.	123568

(E)(1) Not later than January 1, 2006, for each fixed-sum	123569
levy of each school district or joint vocational school district	123570
and for each year for which a determination is made under division	123571
~~(F)~~(E) of section 5751.20 of the Revised Code that a fixed-sum	123572
levy loss is to be reimbursed, the tax commissioner shall certify	123573
to the department of education the fixed-sum levy loss determined	123574
under that division. The certification shall cover a time period	123575
sufficient to include all fixed-sum levies for which the	123576
commissioner made such a determination. The department shall pay	123577
from the school district property tax replacement fund to the	123578
school district or joint vocational school district one-third of	123579
the fixed-sum levy loss so certified for each year, plus one-third	123580
of the amount certified under division (I) of section 5751.20 of	123581
the Revised Code, on or before the last day of May, August, and	123582
October of the current year. Payments under this division of the	123583
amounts certified under division (I) of section 5751.20 of the	123584
Revised Code shall continue until the levy adopted under section	123585
5705.219 of the Revised Code expires.	123586

(2) Beginning in 2006, by the first day of January of each	123587
year, the tax commissioner shall review the certification	123588
originally made under division (E)(1) of this section. If the	123589
commissioner determines that a debt levy that had been scheduled	123590
to be reimbursed in the current year has expired, a revised	123591
certification for that and all subsequent years shall be made to	123592
the department of education.	123593

(F) Beginning in September 2007 ~~and through June 2018~~, the	123594
director of budget and management shall transfer from the school	123595
district tangible property tax replacement fund to the general	123596
revenue fund each of the following:	123597

(1) On the first day of September, one-fourth of the amount	123598
determined for that fiscal year under division (A)(1) of this	123599
section;	123600

(2) On the first day of December, one-fourth of the amount	123601
determined for that fiscal year under division (A)(1) of this	123602
section;	123603

(3) On the first day of March, one-fourth of the amount	123604
determined for that fiscal year under division (A)(1) of this	123605
section;	123606

(4) On the first day of June, one-fourth of the amount	123607
determined for that fiscal year under division (A)(1) of this	123608
section.	123609

If, when a transfer is required under division (F)(1), (2),	123610
(3), or (4) of this section, there is not sufficient money in the	123611
school district tangible property tax replacement fund to make	123612
the transfer in the required amount, the director shall transfer	123613
the balance in the fund to the general revenue fund and may make	123614
additional transfers on later dates as determined by the director	123615
in a total amount that does not exceed one-fourth of the amount	123616
determined for the fiscal year.	123617

(G) ~~For each of the fiscal years 2006 through 2018, if~~If the	123618
total amount in the school district tangible property tax	123619
replacement fund is insufficient to make all payments under	123620
divisions (C), (D), and (E) of this section at the times the	123621
payments are to be made, the director of budget and management	123622
shall transfer from the general revenue fund to the school	123623
district tangible property tax replacement fund the difference	123624
between the total amount to be paid and the amount in the school	123625
district tangible property tax replacement fund. ~~For each fiscal~~	123626
~~year after 2018, at the time payments under division (E) of this~~	123627
~~section are to be made, the director of budget and management~~	123628
~~shall transfer from the general revenue fund to the school~~	123629
~~district property tax replacement fund the amount necessary to~~	123630
~~make such payments.~~	123631

(H)~~(1)~~ On the fifteenth day of June of 2006 through 2011,	123632
the director of budget and management may transfer any balance in	123633
the school district tangible property tax replacement fund to the	123634
general revenue fund. ~~At the end of fiscal years 2012 through~~	123635
~~2018, any balance in the school district tangible property tax~~	123636
~~replacement fund shall remain in the fund to be used in future~~	123637
~~fiscal years for school purposes.~~	123638

~~(2) In each fiscal year beginning with fiscal year 2019~~In	123639
each fiscal year thereafter, all amounts credited to the school	123640
district tangible personal property tax replacement fund shall be	123641
appropriated for school purposes.	123642

(I) If all of the territory of a school district or joint	123643
vocational school district is merged with another district, or if	123644
a part of the territory of a school district or joint vocational	123645
school district is transferred to an existing or newly created	123646
district, the department of education, in consultation with the	123647
tax commissioner, shall adjust the payments made under this	123648
section as follows:	123649

(1) For a merger of two or more districts, the machinery and	123650
equipment, inventory, furniture and fixtures, and telephone	123651
property fixed-rate levy losses and the fixed-sum levy losses of	123652
the successor district shall be equal to the sum of the machinery	123653
and equipment, inventory, furniture and fixtures, and telephone	123654
property fixed-rate levy losses and debt levy losses as determined	123655
in section 5751.20 of the Revised Code, for each of the districts	123656
involved in the merger.	123657

(2) If property is transferred from one district to a	123658
previously existing district, the amount of machinery and	123659
equipment, inventory, furniture and fixtures, and telephone	123660
property tax value losses and fixed-rate levy losses that shall be	123661
transferred to the recipient district shall be an amount equal to	123662
the total machinery and equipment, inventory, furniture and	123663
fixtures, and telephone property fixed-rate levy losses times a	123664
fraction, the numerator of which is the value of business tangible	123665
personal property on the land being transferred in the most recent	123666
year for which data are available, and the denominator of which is	123667
the total value of business tangible personal property in the	123668
district from which the land is being transferred in the most	123669
recent year for which data are available. For each of the first	123670
five years after the property is transferred, but not after fiscal	123671
year 2012, if the tax rate in the recipient district is less than	123672
the tax rate of the district from which the land was transferred,	123673
one-half of the payments arising from the amount of fixed-rate	123674
levy losses so transferred to the recipient district shall be paid	123675
to the recipient district and one-half of the payments arising	123676
from the fixed-rate levy losses so transferred shall be paid to	123677
the district from which the land was transferred. Fixed-rate levy	123678
losses so transferred shall be computed on the basis of the sum of	123679
the rates of fixed-rate qualifying levies of the district from	123680
which the land was transferred, notwithstanding division (E) of	123681
this section.	123682

(3) After December 31, 2004, if property is transferred from	123683
one or more districts to a district that is newly created out of	123684
the transferred property, the newly created district shall be	123685
deemed not to have any machinery and equipment, inventory,	123686
furniture and fixtures, or telephone property fixed-rate levy	123687
losses and the districts from which the property was transferred	123688
shall have no reduction in their machinery and equipment,	123689
inventory, furniture and fixtures, and telephone property	123690
fixed-rate levy losses.	123691

(4) If the recipient district under division (I)(2) of this	123692
section or the newly created district under ~~divisions~~division	123693
(I)(3) of this section is assuming debt from one or more of the	123694
districts from which the property was transferred and any of the	123695
districts losing the property had fixed-sum levy losses, the	123696
department of education, in consultation with the tax	123697
commissioner, shall make an equitable division of the fixed-sum	123698
levy loss reimbursements.	123699

Sec. 5751.22. (A) Not later than January 1, 2006, the tax	123700
commissioner shall compute the payments to be made to each local	123701
taxing unit for each year according to divisions (A)(1), (2), (3),	123702
and (4) of this section, and shall distribute the payments in the	123703
manner prescribed by division (C) of this section. The calculation	123704
of the fixed-sum levy loss shall cover a time period sufficient to	123705
include all fixed-sum levies for which the commissioner	123706
determined, pursuant to division (E) of section 5751.20 of the	123707
Revised Code, that a fixed-sum levy loss is to be reimbursed.	123708

(1) ~~Except as provided in division (A)(4) of this section,~~	123709
~~for~~For machinery and equipment, inventory, and furniture and	123710
fixtures fixed-rate levy losses determined under division (D) of	123711
section 5751.20 of the Revised Code, payments shall be made in an	123712
amount equal to each of those losses ~~multiplied by the following:~~	123713

~~(a) For tax years 2006 through 2010, one hundred per cent;~~

123714

~~(b) For tax year 2011, a fraction, the numerator of which is~~	123715
~~fourteen and the denominator of which is seventeen;~~	123716

~~(c) For tax year 2012, a fraction, the numerator of which is~~	123717
~~eleven and the denominator of which is seventeen;~~	123718

~~(d) For tax year 2013, a fraction, the numerator of which is~~	123719
~~nine and the denominator of which is seventeen;~~	123720

~~(e) For tax year 2014, a fraction, the numerator of which is~~	123721
~~seven and the denominator of which is seventeen;~~	123722

~~(f) For tax year 2015, a fraction, the numerator of which is~~	123723
~~five and the denominator of which is seventeen;~~	123724

~~(g) For tax year 2016, a fraction, the numerator of which is~~	123725
~~three and the denominator of which is seventeen;~~	123726

~~(h) For tax year 2017, a fraction, the numerator of which is~~	123727
~~one and the denominator of which is seventeen;~~	123728

~~(i) For tax years 2018 and thereafter, no fixed-rate payments~~	123729
~~shall be made~~.	123730

Any qualifying levy that is a fixed-rate levy that is not	123731
applicable to a tax year after 2010 shall not qualify for any	123732
reimbursement after the tax year to which it is last applicable.	123733

(2) ~~Except as provided in division (A)(4) of this section,~~	123734
~~for~~For telephone property fixed-rate levy losses determined under	123735
division (D)(4) of section 5751.20 of the Revised Code, payments	123736
shall be made in an amount equal to each of those losses	123737
~~multiplied by the following:~~	123738

~~(a) For tax years 2009 through 2011, one hundred per cent;~~

123739

~~(b) For tax year 2012, seven-eighths;~~

123740

~~(c) For tax year 2013, six-eighths;~~

123741

~~(d) For tax year 2014, five-eighths;~~

123742

~~(e) For tax year 2015, four-eighths;~~

123743

~~(f) For tax year 2016, three-eighths;~~

123744

~~(g) For tax year 2017, two-eighths;~~

123745

~~(h) For tax year 2018, one-eighth;~~

123746

~~(i) For tax years 2019 and thereafter, no fixed-rate payments~~	123747
~~shall be made~~.	123748

Any qualifying levy that is a fixed-rate levy that is not	123749
applicable to a tax year after 2011 shall not qualify for any	123750
reimbursement after the tax year to which it is last applicable.	123751

(3) For fixed-sum levy losses determined under division (E)	123752
of section 5751.20 of the Revised Code, payments shall be made in	123753
the amount of one hundred per cent of the fixed-sum levy loss for	123754
payments required to be made in 2006 and thereafter.	123755

(4) For taxes levied within the ten-mill limitation for debt	123756
purposes in tax year 2005, payments shall be made ~~based on the~~	123757
~~schedule in division (A)(1) of this section for each of the~~	123758
~~calendar years 2006 through 2010. For each of the calendar years~~	123759
~~2011 through 2017, the percentages for calendar year 2010 shall be~~	123760
~~used, as long as the qualifying levy continues to be used for debt~~	123761
~~purposes. If the purpose of such a qualifying levy is changed,~~	123762
~~that levy becomes subject to the payment schedules in divisions~~	123763
~~(A)(1)(a) to (h) of this section. No payments shall be made for~~	123764
~~such levies after calendar year 2017~~equal to one-hundred per cent	123765
of the loss computed as if the tax were a fixed-rate levy.	123766

(B) Beginning in 2007, by the thirty-first day of January of	123767
each year, the tax commissioner shall review the calculation	123768
originally made under division (A) of this section of the	123769
fixed-sum levy losses determined under division (E) of section	123770
5751.20 of the Revised Code. If the commissioner determines that a	123771
fixed-sum levy that had been scheduled to be reimbursed in the	123772
current year has expired, a revised calculation for that and all	123773
subsequent years shall be made.	123774

(C) Payments to local taxing units required to be made under	123775
division (A) of this section shall be paid from the local	123776
government tangible property tax replacement fund to the county	123777
undivided income tax fund in the proper county treasury. Beginning	123778
in May 2006, one-seventh of the amount certified under that	123779
division shall be paid by the last day of May each year, and	123780
three-sevenths shall be paid by the last day of August and October	123781
each year. Within forty-five days after receipt of such payments,	123782
the county treasurer shall distribute amounts determined under	123783
division (A) of this section to the proper local taxing unit as if	123784
they had been levied and collected as taxes, and the local taxing	123785
unit shall apportion the amounts so received among its funds in	123786
the same proportions as if those amounts had been levied and	123787
collected as taxes.	123788

(D) ~~For each of the fiscal years 2006 through 2019, if~~If the	123789
total amount in the local government tangible property tax	123790
replacement fund is insufficient to make all payments under	123791
division (C) of this section at the times the payments are to be	123792
made, the director of budget and management shall transfer from	123793
the general revenue fund to the local government tangible property	123794
tax replacement fund the difference between the total amount to be	123795
paid and the amount in the local government tangible property tax	123796
replacement fund. ~~For each fiscal year after 2019, at the time~~	123797
~~payments under division (A)(2) of this section are to be made, the~~	123798
~~director of budget and management shall transfer from the general~~	123799
~~revenue fund to the local government property tax replacement fund~~	123800
~~the amount necessary to make such payments.~~	123801

(E) On the fifteenth day of June of each year ~~from 2006~~	123802
~~through 2018~~beginning in 2006, the director of budget and	123803
management may transfer any balance in the local government	123804
tangible property tax replacement fund to the general revenue	123805
fund.	123806

(F) If all or a part of the territories of two or more local	123807
taxing units are merged, or unincorporated territory of a township	123808
is annexed by a municipal corporation, the tax commissioner shall	123809
adjust the payments made under this section to each of the local	123810
taxing units in proportion to the tax value loss apportioned to	123811
the merged or annexed territory, or as otherwise provided by a	123812
written agreement between the legislative authorities of the local	123813
taxing units certified to the commissioner not later than the	123814
first day of June of the calendar year in which the payment is to	123815
be made.	123816

Sec. 5751.23. (A) As used in this section:

123817

(1) "Administrative fees" means the dollar percentages	123818
allowed by the county auditor for services or by the county	123819
treasurer as fees, or paid to the credit of the real estate	123820
assessment fund, under divisions (A) and (C) of section 319.54	123821
and division (A) of section 321.26 of the Revised Code.	123822

(2) "Administrative fee loss" means a county's loss of	123823
administrative fees due to its tax value loss, determined as	123824
~~follows:~~	123825

~~(a) For purposes of the determination made under division (B)~~	123826
~~of this section in the years 2006 through 2010, the administrative~~	123827
~~fee loss shall be computed~~ by multiplying the amounts determined	123828
for all taxing districts in the county under divisions (D) and (E)	123829
of section 5751.20 of the Revised Code by nine thousand six	123830
hundred fifty-nine ten-thousandths of one per cent if total taxes	123831
collected in the county in 2004 exceeded one hundred fifty million	123832
dollars, or one and one thousand one hundred fifty-nine	123833
ten-thousandths of one per cent if total taxes collected in the	123834
county in 2004 were one hundred fifty million dollars or less;	123835

~~(b) For purposes of the determination under division (B) of~~	123836
~~this section in the years after 2010, the administrative fee~~	123837
~~losses shall be determined by multiplying the administrative fee~~	123838
~~losses calculated for 2010 by the fractions in divisions (A)(1)(b)~~	123839
~~to (i) of section 5751.22 of the Revised Code~~.	123840

(3) "Total taxes collected" means all money collected on any	123841
tax duplicate of the county, other than the estate tax duplicates.	123842
"Total taxes collected" does not include amounts received pursuant	123843
to divisions (F) and (G) of section 321.24 or section 323.156 of	123844
the Revised Code.	123845

(B) Not later than December 31, 2005, the tax commissioner	123846
shall certify to each county auditor the tax levy losses	123847
calculated under divisions (D) and (E) of section 5751.20 of the	123848
Revised Code for each school district, joint vocational school	123849
district, and local taxing unit in the county. Not later than the	123850
thirty-first day of January of 2006 through 2017, the county	123851
auditor shall determine the administrative fee loss for the county	123852
and apportion that loss ratably among the school districts, joint	123853
vocational school districts, and local taxing units on the basis	123854
of the tax levy losses certified under this division.	123855

(C) On or before each of the days prescribed for the	123856
settlements under divisions (A) and (C) of section 321.24 of the	123857
Revised Code in the years 2006 through 2017, the county treasurer	123858
shall deduct one-half of the amount apportioned to each school	123859
district, joint vocational school district, and local taxing unit	123860
from the portions of revenue payable to them.	123861

(D) On or before each of the days prescribed for settlements	123862
under divisions (A) and (C) of section 321.24 of the Revised Code	123863
in the years 2006 through 2017, the county auditor shall cause to	123864
be deposited an amount equal to one-half of the amount of the	123865
administrative fee loss in the same funds as if allowed as	123866
administrative fees.	123867

Sec. 5911.10. If any armory erected or purchased by the	123868
state becomes vacant because of the deactivation of the	123869
organizations quartered in that armory, the governor and the	123870
adjutant general may lease that armory for periods not to exceed	123871
one year; or, when authorized by an act of the general assembly,	123872
may sell that armory or lease it for a period of years. ~~The~~	123873

The proceeds from the sale or lease of such an armory, or	123874
from the sale or lease of other facilities and land owned by the	123875
adjutant general, shall be credited to the armory improvements	123876
fund, which is hereby created in the state treasury. The moneys in	123877
the fund shall be used to support Ohio army national guard	123878
facility and maintenance expenses as the adjutant general directs.	123879
Any fund expenditure related to the construction, acquisition,	123880
lease, or financing of a capital asset is subject to approval by	123881
the controlling board. Investment earnings of the fund shall be	123882
credited to the general revenue fund.	123883

Sec. 5911.11. There is hereby created in the state treasury	123884
the community match armories fund. The fund shall consist of all	123885
amounts received as revenue from contributions from local entities	123886
for construction and maintenance of Ohio army national guard	123887
readiness and community centers and facilities. The moneys in the	123888
fund shall be used to support the acquisition and maintenance	123889
costs of centers and facilities representing the local entity's	123890
share of costs, including the local entity's share of utility	123891
costs. Investment earnings of the fund shall be credited to the	123892
fund.	123893

Sec. 5913.051. ~~To supplement the military staff of the~~	123894
~~governor, the~~(A) The adjutant general may appoint an assistant to	123895
~~the state area commander for readiness and training for~~adjutant	123896
general - army. This assistant shall be a brigadier general and	123897
shall aid the adjutant general by performing duties that the	123898
adjutant general assigns inthat include the areas of readiness,	123899
~~training, and~~ mobilization, and homeland defense preparedness.	123900
This assistant shall not be a full-time state employee or a member	123901
of the governor's military staff, but shall serve in that capacity	123902
only during federally recognized training, special duty periods,	123903
or mobilization periods, or state active duty, and shall at the	123904
time of appointment be in the rank of colonel or above but	123905
otherwise meet the qualifications established ~~in section 5913.021~~	123906
~~of the Revised Code~~by the department of defense/army for general	123907
officer qualification.	123908

(B) The adjutant general may appoint an assistant adjutant	123909
general – airforce. This assistant shall be a brigadier general	123910
and shall aid the adjutant general by performing duties that the	123911
adjutant general assigns that include the areas of readiness,	123912
mobilization, and homeland defense preparedness. This assistant	123913
shall not be a full-time state employee or a member of the	123914
governor's military staff, but shall serve in that capacity only	123915
during federally recognized training, special duty periods,	123916
mobilization periods, or state active duty, and shall at the time	123917
of appointment be in the rank of colonel or above but otherwise	123918
meet the qualifications established by the department of	123919
defense/air force for general officer qualification.	123920

Sec. 5913.09. (A) The adjutant general is the custodian of	123921
all military and other adjutant general's department property,	123922
both real and personal, belonging to the state.	123923

(B) The adjutant general may make changes and improvements to	123924
military and other adjutant general's department property as the	123925
needs of the state and federal government and the exigencies of	123926
the service require. All improvements made upon that property	123927
belonging to the state, from moneys received either all or in part	123928
from the state or federal government, or both, become the property	123929
of the state, except as may be provided in an agreement and	123930
corresponding regulations by which the United States contributes	123931
to the cost of an improvement.	123932

(C)(1) In accordance with applicable state and federal law	123933
and regulations, the adjutant general, with the approval of the	123934
governor, may acquire by purchase lease, license, or otherwise,	123935
real and personal property necessary for the purposes of the	123936
department.	123937

(2) In accordance with applicable state and federal law and	123938
regulations, the adjutant general, with the approval of the	123939
attorney general, may enter into contracts for the construction,	123940
repair, renovation, maintenance, and operation of military or	123941
other adjutant general's department property.	123942

(3) In accordance with applicable state and federal law and	123943
regulations, the adjutant general, with the approval of the	123944
governor, may lease or exchange all or part of any military or	123945
other adjutant general's department property or grant easements or	123946
licenses, if the lease, exchange, easement, or license is	123947
advantageous to the state.	123948

(4) All real property of the adjutant general's department	123949
shall be sold in accordance with section 5911.10 of the Revised	123950
Code.	123951

(D)(1) Except as otherwise provided in this section, all	123952
income from any military or other adjutant general's department	123953
property of the state, not made a portion of the company, troop,	123954
battery, detachment, squadron, or other organization funds by	123955
regulations, shall be credited to the funds for the operation and	123956
maintenance of the Ohio organized militia, as the adjutant general	123957
directs, in accordance with applicable state and federal law and	123958
regulations and the agreements by which the United States	123959
contributes to the cost of operation and maintenance of the Ohio	123960
national guard.	123961

(2) There is hereby created in the state treasury the camp	123962
Perry/buckeye inn operations fund. The fund shall consist of all	123963
amounts received as revenue from the rental of facilities located	123964
at the camp Perry training site in Ottawa county and the buckeye	123965
inn at Rickenbacker air national guard base in Franklin county,	123966
and all amounts received from the use of the camp Perry training	123967
site and its facilities, including shooting ranges. The moneys in	123968
the fund shall be used to support the facility operations of the	123969
camp Perry clubhouse and the buckeye inn. Investment earnings of	123970
the fund shall be credited to the general revenue fund.	123971

Sec. 5919.20. There is hereby created in the state treasury	123972
the national guard service medal fund. The fund shall consist of	123973
all amounts received from the purchase of Ohio national guard	123974
service medals for eligible national guard service members as	123975
authorized by the general assembly. The moneys in the fund shall	123976
be used to purchase additional medals. Investment earnings of the	123977
fund shall be credited to the fund.	123978

Sec. 5919.36. There is hereby created in the state treasury	123979
the Ohio national guard facility maintenance fund. The fund shall	123980
consist of all amounts received from revenue from leases of sites,	123981
including towers and wells, and other revenue received from	123982
reimbursements for services related to Ohio national guard	123983
programs. The moneys in the fund shall be used for service,	123984
maintenance, and repair expenses, and for equipment purchases for	123985
programs and facilities of the adjutant general. Investment	123986
earnings of the fund shall be credited to the general revenue	123987
fund.	123988

Sec. 6103.01. As used in this chapter:

123989

(A) "Public water supply facilities," "water supply	123990
facilities," "water supply improvement," or "improvement" means,	123991
without limiting the generality of those terms, water wells and	123992
well fields, springs, lakes, rivers, streams, or other sources of	123993
water supply, intakes, pumping stations and equipment, treatment,	123994
filtration, or purification plants, force and distribution lines	123995
or mains, cisterns, reservoirs, storage facilities, necessary	123996
equipment for fire protection, other related structures,	123997
equipment, and furnishings, and real estate and interests in real	123998
estate, necessary or useful in the proper development of a water	123999
supply for domestic or other purposes and its proper distribution.	124000

(B) "Current operating expenses," "debt charges," "permanent	124001
improvement," "public obligations," and "subdivision" have the	124002
same meanings as in section 133.01 of the Revised Code.	124003

(C) "Construct," "construction," or "constructing" means	124004
construction, reconstruction, enlargement, extension, improvement,	124005
renovation, repair, and replacement of water supply facilities,	124006
but does not include repairs, replacements, or similar actions	124007
that do not constitute and qualify as permanent improvements.	124008

(D) "Maintain," "maintaining," or "maintenance" means	124009
repairs, replacements, and similar actions that constitute and are	124010
payable as current operating expenses and that are required to	124011
restore water supply facilities to, or to continue water supply	124012
facilities in, good order and working condition, but does not	124013
include construction of permanent improvements.	124014

(E) "Public agency" means a state and any agency or	124015
subdivision of a state, including a county, a municipal	124016
corporation, or other subdivision.	124017

(F) "County sanitary engineer" means either of the following:

124018

(1) The registered professional engineer employed or	124019
appointed by the board of county commissioners to be the county	124020
sanitary engineer as provided in section 6117.01 of the Revised	124021
Code;	124022

(2) The county engineer, if, for as long as and to the extent	124023
that engineer by agreement entered into under section 315.14 of	124024
the Revised Code is retained to discharge the duties of a county	124025
sanitary engineer under this chapter.	124026

(G) "Homestead exemption" means the reduction of taxes	124027
allowed under division (A) of section 323.152 of the Revised Code.	124028

(H) "Low- and moderate-income persons" has the same meaning	124029
as in section 175.01 of the Revised Code.	124030

Sec. 6103.02. (A) For the purpose of preserving and	124031
promoting the public health and welfare, a board of county	124032
commissioners may acquire, construct, maintain, and operate any	124033
public water supply facilities within its county for one or more	124034
sewer districts and may provide for their protection and prevent	124035
their pollution and unnecessary waste. The board may negotiate and	124036
enter into a contract with any public agency or any person for the	124037
management, maintenance, operation, and repair of the facilities	124038
on behalf of the county, upon the terms and conditions as may be	124039
agreed upon with the agency or person and as may be determined by	124040
the board to be in the interests of the county. By contract with	124041
any public agency or any person operating public water supply	124042
facilities within or without its county, the board also may	124043
provide a supply of water to a sewer district from the facilities	124044
of the public agency or person.	124045

(B) The county sanitary engineer or sanitary engineering	124046
department, in addition to other assigned duties, shall assist the	124047
board in the performance of its duties under this chapter and	124048
shall be charged with other duties and services in relation to	124049
the board's duties as the board prescribes.	124050

(C) The board may adopt, publish, administer, and enforce	124051
rules for the construction, maintenance, protection, and use of	124052
county-owned or county-operated public water supply facilities	124053
outside municipal corporations and of public water supply	124054
facilities within municipal corporations that are owned or	124055
operated by the county or that are supplied with water from water	124056
supply facilities owned or operated by the county, including, but	124057
not limited to, rules for the establishment and use of any	124058
connections, the termination in accordance with reasonable	124059
procedures of water service for nonpayment of county water rates	124060
and charges, and the establishment and use of security deposits to	124061
the extent considered necessary to ensure the payment of county	124062
water rates and charges. The rules shall not be inconsistent with	124063
the laws of the state or any applicable rules of the director of	124064
environmental protection.	124065

(D) No public water supply facilities shall be constructed in	124066
any county outside municipal corporations by any person, except	124067
for the purpose of supplying water to those municipal	124068
corporations, until the plans and specifications for the	124069
facilities have been approved by the board. Construction shall be	124070
done under the supervision of the county sanitary engineer. Any	124071
person constructing public water supply facilities shall pay to	124072
the county all expenses incurred by the board in connection with	124073
the construction.	124074

(E) The county sanitary engineer or the county sanitary	124075
engineer's authorized assistants or agents, when properly	124076
identified in writing or otherwise and after written notice is	124077
delivered to the owner at least five days in advance or mailed at	124078
least five days in advance by first class or certified mail to the	124079
owner's tax mailing address, may enter upon any public or private	124080
property for the purpose of making, and may make, surveys or	124081
inspections necessary for the design or evaluation of county	124082
public water supply facilities. This entry is not a trespass and	124083
is not to be considered an entry in connection with any	124084
appropriation of property proceedings under sections 163.01 to	124085
163.22 of the Revised Code that may be pending. No person or	124086
public agency shall forbid the county sanitary engineer or the	124087
county sanitary engineer's authorized assistants or agents to	124088
enter, or interfere with their entry, upon the property for the	124089
purpose of making the surveys or inspections. If actual damage is	124090
done to property by the making of the surveys or inspections, the	124091
board shall pay the reasonable value of the damage to the property	124092
owner, and the cost shall be included in the cost of the	124093
facilities and may be included in any special assessments levied	124094
and collected to pay that cost.	124095

(F) The board shall fix reasonable rates, including penalties	124096
for late payments, for water supplied to public agencies and	124097
persons when the source of supply or the facilities for its	124098
distribution are owned or operated by the county and may change	124099
the rates from time to time as it considers advisable. When the	124100
source of the water supply to be used by the county is owned by	124101
another public agency or person, the schedule of rates to be	124102
charged by the public agency or person shall be approved by the	124103
board at the time it enters into a contract for the use of water	124104
from the public agency or person. ~~When~~	124105

When the distribution facilities are owned by the county, the	124106
board also may fix reasonable charges to be collected for the	124107
privilege of connecting to the distribution facilities and may	124108
require that, prior to the connection, the charges be paid in full	124109
or, if determined by the board to be equitable in a resolution	124110
relating to the payment of the charges, may require their payment	124111
in installments, as considered adequate by the board, at the	124112
times, in the amounts, and with the security, carrying charges,	124113
and penalties as may be determined by the board in that resolution	124114
to be fair and appropriate. No public agency or person shall be	124115
permitted to connect to those facilities until the charges have	124116
been paid in full or provision for their payment in installments	124117
has been made. If the connection charges are to be paid in	124118
installments, the board shall certify, to the county auditor,	124119
information sufficient to identify each parcel of property served	124120
by a connection and, with respect to each parcel, the total of the	124121
charges to be paid in installments, the amount of each	124122
installment, and the total number of installments to be paid. The	124123
county auditor shall record and maintain the information so	124124
supplied in the waterworks record provided for in section 6103.16	124125
of the Revised Code until the connection charges are paid in full.	124126
The board may include amounts attributable to connection charges	124127
being paid in installments in its billings of rates and other	124128
charges for water supplied. In addition, the board may consider	124129
payments made to a school district under section 6103.25 of the	124130
Revised Code when the board establishes rates and other charges	124131
for water supplied.	124132

A board may establish discounted rates or charges or may	124133
establish another mechanism for providing a reduction in rates or	124134
charges for persons who are sixty-five years of age or older. The	124135
board shall establish eligibility requirements for such discounted	124136
or reduced rates or charges, including a requirement that a person	124137
be eligible for the homestead exemption or qualify as a low- and	124138
moderate-income person.	124139

(G) When any rates or charges are not paid when due, the	124140
board may do any or all of the following:	124141

(1) Certify the unpaid rates or charges, together with any	124142
penalties, to the county auditor. The county auditor shall place	124143
the certified amount upon the real property tax list and duplicate	124144
against the property served by the connection. The certified	124145
amount shall be a lien on the property from the date placed on the	124146
real property tax list and duplicate and shall be collected in the	124147
same manner as taxes, except that, notwithstanding section 323.15	124148
of the Revised Code, a county treasurer shall accept a payment in	124149
that amount when separately tendered as payment for the full	124150
amount of the unpaid rates or charges and associated penalties.	124151
The lien shall be released immediately upon payment in full of the	124152
certified amount.	124153

(2) Collect the unpaid rates or charges, together with any	124154
penalties, by actions at law in the name of the county from an	124155
owner, tenant, or other person or public agency that is liable for	124156
the payment of the rates or charges;	124157

(3) Terminate, in accordance with established rules, the	124158
water service to the particular property unless and until the	124159
unpaid rates or charges, together with any penalties, are paid in	124160
full;	124161

(4) Apply, to the extent required, any security deposit made	124162
in accordance with established rules to the payment of the unpaid	124163
rates and charges, together with any penalties, for water service	124164
to the particular property.	124165

All moneys collected as rates, charges, or penalties fixed or	124166
established in accordance with division (F) of this section for	124167
water supply purposes in or for any sewer district shall be paid	124168
to the county treasurer and kept in a separate and distinct water	124169
fund established by the board to the credit of the district.	124170

Each board that fixes water rates or charges may render	124171
estimated bills periodically, provided that at least quarterly it	124172
shall schedule an actual reading of each customer's meter so as to	124173
render a bill for the actual amount shown by the meter reading to	124174
be due, with credit for prior payments of any estimated bills	124175
submitted for any part of the billing period, except that	124176
estimated bills may be rendered if a customer's meter is not	124177
accessible for a timely reading or if the circumstances preclude a	124178
scheduled reading. Each board also shall establish procedures	124179
providing a fair and reasonable opportunity for the resolution of	124180
billing disputes.	124181

When property to which water service is provided is about to	124182
be sold, any party to the sale or an agent of a party may request	124183
the board to have the meter at that property read and to render,	124184
within ten days following the date on which the request is made, a	124185
final bill for all outstanding rates and charges for water	124186
service. The request shall be made at least fourteen days prior	124187
to the transfer of the title of the property.	124188

At any time prior to a certification under division (G)(1) of	124189
this section, the board shall accept any partial payment of	124190
unpaid water rates or charges in the amount of ten dollars or	124191
more.	124192

Except as otherwise provided in any proceedings authorizing	124193
or providing for the security for and payment of any public	124194
obligations, or in any indenture or trust or other agreement	124195
securing public obligations, moneys in the water fund shall be	124196
applied first to the payment of the cost of the management,	124197
maintenance, and operation of the water supply facilities of, or	124198
used or operated for, the sewer district, which cost may include	124199
the county's share of management, maintenance, and operation costs	124200
under cooperative contracts for the acquisition, construction, or	124201
use of water supply facilities and, in accordance with a cost	124202
allocation plan adopted under division (H) of this section,	124203
payment of all allowable direct and indirect costs of the	124204
district, the county sanitary engineer or sanitary engineering	124205
department, or a federal or state grant program, incurred for the	124206
purposes of this chapter, and shall be applied second to the	124207
payment of debt charges payable on any outstanding public	124208
obligations issued or incurred for the acquisition or construction	124209
of water supply facilities for or serving the district, or for the	124210
funding of a bond retirement or other fund established for the	124211
payment of or security for the obligations. Any surplus remaining	124212
may be applied to the acquisition or construction of those	124213
facilities or for the payment of contributions to be made, or	124214
costs incurred, for the acquisition or construction of those	124215
facilities under cooperative contracts. Moneys in the water fund	124216
shall not be expended other than for the use and benefit of the	124217
district.	124218

(H) A board of county commissioners may adopt a cost	124219
allocation plan that identifies, accumulates, and distributes	124220
allowable direct and indirect costs that may be paid from the	124221
water fund of the sewer district created pursuant to division (G)	124222
of this section, and that prescribes methods for allocating those	124223
costs. The plan shall authorize payment from the fund of only	124224
those costs incurred by the district, the county sanitary engineer	124225
or sanitary engineering department, or a federal or state grant	124226
program, and those costs incurred by the general and other funds	124227
of the county for a common or joint purpose, that are necessary	124228
and reasonable for the proper and efficient administration of the	124229
district under this chapter. The plan shall not authorize payment	124230
from the fund of any general government expense required to carry	124231
out the overall governmental responsibilities of a county. The	124232
plan shall conform to United States office of management and	124233
budget Circular A-87, "Cost Principles for State, Local, and	124234
Indian Tribal Governments," published May 17, 1995.	124235

Sec. 6109.21. (A) Except as provided in divisions (D) and	124236
(E) of this section, on and after January 1, 1994, no person shall	124237
operate or maintain a public water system in this state without a	124238
license issued by the director of environmental protection. A	124239
person who operates or maintains a public water system on January	124240
1, 1994, shall obtain an initial license under this section in	124241
accordance with the following schedule:	124242

(1) If the public water system is a community water system,	124243
not later than January 31, 1994;	124244

(2) If the public water system is not a community water	124245
system and serves a nontransient population, not later than	124246
January 31, 1994;	124247

(3) If the public water system is not a community water	124248
system and serves a transient population, not later than January	124249
31, 1995.	124250

A person proposing to operate or maintain a new public water	124251
system after January 1, 1994, in addition to complying with	124252
section 6109.07 of the Revised Code and rules adopted under it,	124253
shall submit an application for an initial license under this	124254
section to the director prior to commencing operation of the	124255
system.	124256

A license or license renewal issued under this section shall	124257
be renewed annually. Such a license or license renewal shall	124258
expire on the thirtieth day of January in the year following its	124259
issuance. A license holder that proposes to continue operating the	124260
public water system for which the license or license renewal was	124261
issued shall apply for a license renewal at least thirty days	124262
prior to that expiration date.	124263

The director shall adopt, and may amend and rescind, rules in	124264
accordance with Chapter 119. of the Revised Code establishing	124265
procedures governing and information to be included on	124266
applications for licenses and license renewals under this section.	124267
Through June 30, ~~2010~~2012, each application shall be accompanied	124268
by the appropriate fee established under division (M) of section	124269
3745.11 of the Revised Code, provided that an applicant for an	124270
initial license who is proposing to operate or maintain a new	124271
public water system after January 1, 1994, shall submit a fee that	124272
equals a prorated amount of the appropriate fee established under	124273
that division for the remainder of the licensing year.	124274

(B) Not later than thirty days after receiving a completed	124275
application and the appropriate license fee for an initial license	124276
under division (A) of this section, the director shall issue the	124277
license for the public water system. Not later than thirty days	124278
after receiving a completed application and the appropriate	124279
license fee for a license renewal under division (A) of this	124280
section, the director shall do one of the following:	124281

(1) Issue the license renewal for the public water system;

124282

(2) Issue the license renewal subject to terms and conditions	124283
that the director determines are necessary to ensure compliance	124284
with this chapter and rules adopted under it;	124285

(3) Deny the license renewal if the director finds that the	124286
public water system was not operated in substantial compliance	124287
with this chapter and rules adopted under it.	124288

(C) The director may suspend or revoke a license or license	124289
renewal issued under this section if the director finds that the	124290
public water system was not operated in substantial compliance	124291
with this chapter and rules adopted under it. The director shall	124292
adopt, and may amend and rescind, rules in accordance with Chapter	124293
119. of the Revised Code governing such suspensions and	124294
revocations.	124295

(D)(1) As used in division (D) of this section, "church"	124296
means a fellowship of believers, congregation, society,	124297
corporation, convention, or association that is formed primarily	124298
or exclusively for religious purposes and that is not formed or	124299
operated for the private profit of any person.	124300

(2) This section does not apply to a church that operates or	124301
maintains a public water system solely to provide water for that	124302
church or for a campground that is owned by the church and	124303
operated primarily or exclusively for members of the church and	124304
their families. A church that, on or before March 5, 1996, has	124305
obtained a license under this section for such a public water	124306
system need not obtain a license renewal under this section.	124307

(E) This section does not apply to any public or nonpublic	124308
school that meets minimum standards of the state board of	124309
education that operates or maintains a public water system solely	124310
to provide water for that school.	124311

(F) The environmental protection agency shall collect well	124312
log filing fees on behalf of the division of soil and water	124313
resources in the department of natural resources in accordance	124314
with section 1521.05 of the Revised Code and rules adopted under	124315
it. The fees shall be submitted to the division quarterly as	124316
provided in those rules.	124317

Sec. 6111.04. (A) Both of the following apply except as	124318
otherwise provided in division (A) or (F) of this section:	124319

(1) No person shall cause pollution or place or cause to be	124320
placed any sewage, sludge, sludge materials, industrial waste, or	124321
other wastes in a location where they cause pollution of any	124322
waters of the state.	124323

(2) Such an action prohibited under division (A)(1) of this	124324
section is hereby declared to be a public nuisance.	124325

Divisions (A)(1) and (2) of this section do not apply if the	124326
person causing pollution or placing or causing to be placed wastes	124327
in a location in which they cause pollution of any waters of the	124328
state holds a valid, unexpired permit, or renewal of a permit,	124329
governing the causing or placement as provided in sections 6111.01	124330
to 6111.08 of the Revised Code or if the person's application for	124331
renewal of such a permit is pending.	124332

(B) If the director of environmental protection administers a	124333
sludge management program pursuant to division (S) of section	124334
6111.03 of the Revised Code, both of the following apply except as	124335
otherwise provided in division (B) or (F) of this section:	124336

(1) No person, in the course of sludge management, shall	124337
place on land located in the state or release into the air of the	124338
state any sludge or sludge materials.	124339

(2) An action prohibited under division (B)(1) of this	124340
section is hereby declared to be a public nuisance.	124341

Divisions (B)(1) and (2) of this section do not apply if the	124342
person placing or releasing the sludge or sludge materials holds a	124343
valid, unexpired permit, or renewal of a permit, governing the	124344
placement or release as provided in sections 6111.01 to 6111.08 of	124345
the Revised Code or if the person's application for renewal of	124346
such a permit is pending.	124347

(C) No person to whom a permit has been issued shall place or	124348
discharge, or cause to be placed or discharged, in any waters of	124349
the state any sewage, sludge, sludge materials, industrial waste,	124350
or other wastes in excess of the permissive discharges specified	124351
under an existing permit without first receiving a permit from the	124352
director to do so.	124353

(D) No person to whom a sludge management permit has been	124354
issued shall place on the land or release into the air of the	124355
state any sludge or sludge materials in excess of the permissive	124356
amounts specified under the existing sludge management permit	124357
without first receiving a modification of the existing sludge	124358
management permit or a new sludge management permit to do so from	124359
the director.	124360

(E) The director may require the submission of plans,	124361
specifications, and other information that the director considers	124362
relevant in connection with the issuance of permits.	124363

(F) This section does not apply to any of the following:

124364

(1) Waters used in washing sand, gravel, other aggregates, or	124365
mineral products when the washing and the ultimate disposal of the	124366
water used in the washing, including any sewage, industrial waste,	124367
or other wastes contained in the waters, are entirely confined to	124368
the land under the control of the person engaged in the recovery	124369
and processing of the sand, gravel, other aggregates, or mineral	124370
products and do not result in the pollution of waters of the	124371
state;	124372

(2) Water, gas, or other material injected into a well to	124373
facilitate, or that is incidental to, the production of oil, gas,	124374
artificial brine, or water derived in association with oil or gas	124375
production and disposed of in a well, in compliance with a permit	124376
issued under Chapter 1509. of the Revised Code, or sewage,	124377
industrial waste, or other wastes injected into a well in	124378
compliance with an injection well operating permit. Division	124379
(F)(2) of this section does not authorize, without a permit, any	124380
discharge that is prohibited by, or for which a permit is required	124381
by, regulation of the United States environmental protection	124382
agency.	124383

(3) Application of any materials to land for agricultural	124384
purposes or runoff of the materials from that application or	124385
pollution by animal waste or soil sediment, including attached	124386
substances, resulting from farming, silvicultural, or earthmoving	124387
activities regulated by Chapter 307. or 1511. of the Revised Code.	124388
Division (F)(3) of this section does not authorize, without a	124389
permit, any discharge that is prohibited by, or for which a permit	124390
is required by, the Federal Water Pollution Control Act or	124391
regulations adopted under it.	124392

(4) The excrement of domestic and farm animals defecated on	124393
land or runoff therefrom into any waters of the state. Division	124394
(F)(4) of this section does not authorize, without a permit, any	124395
discharge that is prohibited by, or for which a permit is required	124396
by, the Federal Water Pollution Control Act or regulations adopted	124397
under it.	124398

(5) On and after the date on which the United States	124399
environmental protection agency approves the NPDES program	124400
submitted by the director of agriculture under section 903.08 of	124401
the Revised Code, any discharge that is within the scope of the	124402
approved NPDES program submitted by the director of agriculture;	124403

(6) The discharge of sewage, industrial waste, or other	124404
wastes into a sewerage system tributary to a treatment works.	124405
Division (F)(6) of this section does not authorize any discharge	124406
into a publicly owned treatment works in violation of a	124407
pretreatment program applicable to the publicly owned treatment	124408
works.	124409

(7) ~~A household sewage treatment system or a small flow~~	124410
~~on-site sewage treatment system, as applicable, as defined in~~	124411
~~section 3718.01 of the Revised Code that is installed~~Septic	124412
tanks or other disposal systems for the disposal or treatment of	124413
sewage from single-family, two-family, or three-family dwellings	124414
in compliance with ~~Chapter 3718.~~the sanitary code and section	124415
3707.01 of the Revised Code ~~and rules adopted under it~~. Division	124416
(F)(7) of this section does not authorize, without a permit, any	124417
discharge that is prohibited by, or for which a permit is	124418
required by, regulation of the United States environmental	124419
protection agency.	124420

(8) Exceptional quality sludge generated outside of this	124421
state and contained in bags or other containers not greater than	124422
one hundred pounds in capacity. As used in division (F)(8) of this	124423
section, "exceptional quality sludge" has the same meaning as in	124424
division (Y) of section 3745.11 of the Revised Code.	124425

(G) The holder of a permit issued under section 402 (a) of	124426
the Federal Water Pollution Control Act need not obtain a permit	124427
for a discharge authorized by the permit until its expiration	124428
date. Except as otherwise provided in this division, the director	124429
of environmental protection shall administer and enforce those	124430
permits within this state and may modify their terms and	124431
conditions in accordance with division (J) of section 6111.03 of	124432
the Revised Code. On and after the date on which the United States	124433
environmental protection agency approves the NPDES program	124434
submitted by the director of agriculture under section 903.08 of	124435
the Revised Code, the director of agriculture shall administer and	124436
enforce those permits within this state that are issued for any	124437
discharge that is within the scope of the approved NPDES program	124438
submitted by the director of agriculture.	124439

Sec. 6111.044. Upon receipt of an application for an	124440
injection well drilling permit, an injection well operating	124441
permit, a renewal of an injection well operating permit, or a	124442
modification of an injection well drilling permit, operating	124443
permit, or renewal of an operating permit, the director of	124444
environmental protection shall determine whether the application	124445
is complete and demonstrates that the activities for which the	124446
permit, renewal permit, or modification is requested will comply	124447
with the Federal Water Pollution Control Act and regulations	124448
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661	124449
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted	124450
under it; and this chapter and the rules adopted under it. If the	124451
application demonstrates that the proposed activities will not	124452
comply or will pose an unreasonable risk of inducing seismic	124453
activity, inducing geologic fracturing, or contamination of an	124454
underground source of drinking water, the director shall deny the	124455
application. If the application does not make the required	124456
demonstrations, the director shall return it to the applicant with	124457
an indication of those matters about which a required	124458
demonstration was not made. If the director determines that the	124459
application makes the required demonstrations, the director shall	124460
transmit copies of the application and all of the accompanying	124461
maps, data, samples, and information to the chief of the division	124462
of mineral resources management, the chief of the division of	124463
geological survey, and the chief of the division of soil and water	124464
resources in the department of natural resources.	124465

The chief of the division of geological survey shall comment	124466
upon the application if the chief determines that the proposed	124467
well or injection will present an unreasonable risk of loss or	124468
damage to valuable mineral resources. If the chief submits	124469
comments on the application, those comments shall be accompanied	124470
by an evaluation of the geological factors upon which the comments	124471
are based, including fractures, faults, earthquake potential, and	124472
the porosity and permeability of the injection zone and confining	124473
zone, and by the documentation supporting the evaluation. The	124474
director shall take into consideration the chief's comments, and	124475
the accompanying evaluation of geologic factors and supporting	124476
documentation, when considering the application. The director	124477
shall provide written notice to the chief of the director's	124478
decision on the application and, if the chief's comments are not	124479
included in the permit, renewal permit, or modification, of the	124480
director's rationale for not including them.	124481

The chief of the division of mineral resources management	124482
shall comment upon the application if the chief determines that	124483
the proposed well or injection will present an unreasonable risk	124484
that waste or contamination of recoverable oil or gas in the earth	124485
will occur. If the chief submits comments on the application,	124486
those comments shall be accompanied by an evaluation of the oil or	124487
gas reserves that, in the best professional judgment of the chief,	124488
are recoverable and will be adversely affected by the proposed	124489
well or injection, and by the documentation supporting the	124490
evaluation. The director shall take into consideration the	124491
chief's comments, and the accompanying evaluation and supporting	124492
documentation, when considering the application. The director	124493
shall provide written notice to the chief of the director's	124494
decision on the application and, if the chief's comments are not	124495
included in the permit, renewal permit, or modification, of the	124496
director's rationale for not including them.	124497

The chief of the division of soil and water resources shall	124498
assist the director in determining whether all underground sources	124499
of drinking water in the area of review of the proposed well or	124500
injection have been identified and correctly delineated in the	124501
application. If the application fails to identify or correctly	124502
delineate an underground source of drinking water, the chief shall	124503
provide written notice of that fact to the director.	124504

The chief of the division of mineral resources management	124505
also shall review the application as follows:	124506

If the application concerns the drilling or conversion of a	124507
well or the injection into a well that is not or is not to be	124508
located within five thousand feet of the excavation and workings	124509
of a mine, the chief of the division of mineral resources	124510
management shall note upon the application that it has been	124511
examined by the division of mineral resources management, retain a	124512
copy of the application and map, and immediately return a copy of	124513
the application to the director.	124514

If the application concerns the drilling or conversion of a	124515
well or the injection into a well that is or is to be located	124516
within five thousand feet, but more than five hundred feet from	124517
the surface excavations and workings of a mine, the chief of the	124518
division of mineral resources management immediately shall notify	124519
the owner or lessee of the mine that the application has been	124520
filed and send to the owner or lessee a copy of the map	124521
accompanying the application setting forth the location of the	124522
well. The chief of the division of mineral resources management	124523
shall note on the application that the notice has been sent to the	124524
owner or lessee of the mine, retain a copy of the application and	124525
map, and immediately return a copy of the application to the	124526
director with the chief's notation on it.	124527

If the application concerns the drilling or conversion of a	124528
well or the injection into a well that is or is to be located	124529
within five thousand feet of the underground excavations and	124530
workings of a mine or within five hundred feet of the surface	124531
excavations and workings of a mine, the chief of the division of	124532
mineral resources management immediately shall notify the owner or	124533
lessee of the mine that the application has been filed and send to	124534
the owner or lessee a copy of the map accompanying the application	124535
setting forth the location of the well. If the owner or lessee	124536
objects to the application, the owner or lessee shall notify the	124537
chief of the division of mineral resources management of the	124538
objection, giving the reasons, within six days after the receipt	124539
of the notice. If the chief of the division of mineral resources	124540
management receives no objections from the owner or lessee of the	124541
mine within ten days after the receipt of the notice by the owner	124542
or lessee, or if in the opinion of the chief of the division of	124543
mineral resources management the objections offered by the owner	124544
or lessee are not sufficiently ~~well-founded~~well founded, the	124545
chief shall retain a copy of the application and map and return a	124546
copy of the application to the director with any applicable notes	124547
concerning it.	124548

If the chief of the division of mineral resources management	124549
receives an objection from the owner or lessee of the mine as to	124550
the application, within ten days after receipt of the notice by	124551
the owner or lessee, and if in the opinion of the chief the	124552
objection is ~~well-founded~~well founded, the chief shall disapprove	124553
the application and immediately return it to the director together	124554
with the chief's reasons for the disapproval. The director	124555
promptly shall notify the applicant for the permit, renewal	124556
permit, or modification of the disapproval. The applicant may	124557
appeal the disapproval of the application by the chief of the	124558
division of mineral resources management to the reclamation	124559
commission created under section 1513.05 of the Revised Code, and	124560
the commission shall hear the appeal in accordance with section	124561
1513.13 of the Revised Code. The appeal shall be filed within	124562
thirty days from the date the applicant receives notice of the	124563
disapproval. No comments concerning or disapproval of an	124564
application shall be delayed by the chief of the division of	124565
mineral resources management for more than fifteen days from the	124566
date of sending of notice to the mine owner or lessee as required	124567
by this section.	124568

The director shall not approve an application for an	124569
injection well drilling permit, an injection well operating	124570
permit, a renewal of an injection well operating permit, or a	124571
modification of an injection well drilling permit, operating	124572
permit, or renewal of an operating permit for a well that is or is	124573
to be located within three hundred feet of any opening of any mine	124574
used as a means of ingress, egress, or ventilation for persons	124575
employed in the mine, nor within one hundred feet of any building	124576
or flammable structure connected with the mine and actually used	124577
as a part of the operating equipment of the mine, unless the chief	124578
of the division of mineral resources management determines that	124579
life or property will not be endangered by drilling and operating	124580
the well in that location.	124581

Upon review by the chief of the division of mineral resources	124582
management, the chief of the division of geological survey, and	124583
the chief of the division of soil and water resources, and if the	124584
chief of the division of mineral resources management has not	124585
disapproved the application, the director shall issue a permit,	124586
renewal permit, or modification with any terms and conditions that	124587
may be necessary to comply with the Federal Water Pollution	124588
Control Act and regulations adopted under it; the "Safe Drinking	124589
Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f) as amended,	124590
and regulations adopted under it; and this chapter and the rules	124591
adopted under it. The director shall not issue a permit, renewal	124592
permit, or modification to an applicant if the applicant or	124593
persons associated with the applicant have engaged in or are	124594
engaging in a substantial violation of this chapter that is	124595
endangering or may endanger human health or the environment or if,	124596
in the case of an applicant for an injection well drilling permit,	124597
the applicant, at the time of applying for the permit, did not	124598
hold an injection well operating permit or renewal of an injection	124599
well drilling permit and failed to demonstrate sufficient	124600
expertise and competency to operate the well in compliance with	124601
the applicable provisions of this chapter.	124602

If the director receives a disapproval from the chief of the	124603
division of mineral resources management regarding an application	124604
for an injection well drilling or operating permit, renewal	124605
permit, or modification, if required, the director shall issue an	124606
order denying the application.	124607

The director need not issue a proposed action under section	124608
3745.07 of the Revised Code or hold an adjudication hearing under	124609
that section and Chapter 119. of the Revised Code before issuing	124610
or denying a permit, renewal permit, or modification of a permit	124611
or renewal permit. Before issuing or renewing a permit to drill or	124612
operate a class I injection well or a modification of it, the	124613
director shall propose the permit, renewal permit, or modification	124614
in draft form and shall hold a public hearing to receive public	124615
comment on the draft permit, renewal permit, or modification. At	124616
least fifteen days before the public hearing on a draft permit,	124617
renewal permit, or modification, the director shall publish notice	124618
of the date, time, and location of the public hearing in at least	124619
one newspaper of general circulation serving the area where the	124620
well is or is to be located. The proposing of such a draft permit,	124621
renewal permit, or modification does not constitute the issuance	124622
of a proposed action under section 3745.07 of the Revised Code,	124623
and the holding of the public hearing on such a draft permit,	124624
renewal permit, or modification does not constitute the holding of	124625
an adjudication hearing under that section and Chapter 119. of the	124626
Revised Code. Appeals of orders other than orders of the chief of	124627
the division of mineral resources management shall be taken under	124628
sections 3745.04 to 3745.08 of the Revised Code.	124629

The director may order that an injection well drilling permit	124630
or an injection well operating permit or renewal permit be	124631
suspended and that activities under it cease after determining	124632
that those activities are occurring in violation of law, rule,	124633
order, or term or condition of the permit. Upon service of a copy	124634
of the order upon the permit holder or the permit holder's	124635
authorized agent or assignee, the permit and activities under it	124636
shall be suspended immediately without prior hearing and shall	124637
remain suspended until the violation is corrected and the order of	124638
suspension is lifted. If a violation is the second within a	124639
one-year period, the director, after a hearing, may revoke the	124640
permit.	124641

The director may order that an injection well drilling permit	124642
or an injection well operating permit or renewal permit be	124643
suspended and that activities under it cease if the director has	124644
reasonable cause to believe that the permit would not have been	124645
issued if the information available at the time of suspension had	124646
been available at the time a determination was made by one of the	124647
agencies acting under authority of this section. Upon service of a	124648
copy of the order upon the permit holder or the permit holder's	124649
authorized agent or assignee, the permit and activities under it	124650
shall be suspended immediately without prior hearing, but a permit	124651
may not be suspended for that reason without prior hearing unless	124652
immediate suspension is necessary to prevent waste or	124653
contamination of oil or gas, comply with the Federal Water	124654
Pollution Control Act and regulations adopted under it; the "Safe	124655
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as	124656
amended, and regulations adopted under it; and this chapter and	124657
the rules adopted under it, or prevent damage to valuable mineral	124658
resources, prevent contamination of an underground source of	124659
drinking water, or prevent danger to human life or health. If	124660
after a hearing the director determines that the permit would not	124661
have been issued if the information available at the time of the	124662
hearing had been available at the time a determination was made by	124663
one of the agencies acting under authority of this section, the	124664
director shall revoke the permit.	124665

When a permit has been revoked, the permit holder or other	124666
person responsible for it immediately shall plug the well in the	124667
manner required by the director.	124668

The director may issue orders to prevent or require cessation	124669
of violations of this section, section 6111.043, 6111.045,	124670
6111.046, or 6111.047 of the Revised Code, rules adopted under any	124671
of those sections, and terms or conditions of permits issued under	124672
any of them. The orders may require the elimination of conditions	124673
caused by the violation.	124674

Sec. 6111.44. (A) Except as otherwise provided in division	124675
(B) of this section, in section 6111.14 of the Revised Code, or in	124676
rules adopted under division (G) of section 6111.03 of the Revised	124677
Code, no municipal corporation, county, public institution,	124678
corporation, or officer or employee thereof or other person shall	124679
provide or install sewerage or treatment works for sewage, sludge,	124680
or sludge materials disposal or treatment or make a change in any	124681
sewerage or treatment works until the plans therefor have been	124682
submitted to and approved by the director of environmental	124683
protection. Sections 6111.44 to 6111.46 of the Revised Code apply	124684
to sewerage and treatment works of a municipal corporation or part	124685
thereof, an unincorporated community, a county sewer district, or	124686
other land outside of a municipal corporation or any publicly or	124687
privately owned building or group of buildings or place, used for	124688
the assemblage, entertainment, recreation, education, correction,	124689
hospitalization, housing, or employment of persons.	124690

In granting an approval, the director may stipulate	124691
modifications, conditions, and rules that the public health and	124692
prevention of pollution may require. Any action taken by the	124693
director shall be a matter of public record and shall be entered	124694
in the director's journal. Each period of thirty days that a	124695
violation of this section continues, after a conviction for the	124696
violation, constitutes a separate offense.	124697

(B) Sections 6111.45 and 6111.46 of the Revised Code and	124698
division (A) of this section do not apply to any of the following:	124699

(1) Sewerage or treatment works for sewage installed or to be	124700
installed for the use of a private residence or dwelling;	124701

(2) Sewerage systems, treatment works, or disposal systems	124702
for storm water from an animal feeding facility or manure, as	124703
"animal feeding facility" and "manure" are defined in section	124704
903.01 of the Revised Code;	124705

(3) Animal waste treatment or disposal works and related	124706
management and conservation practices that are subject to rules	124707
adopted under division (E)(2) of section 1511.02 of the Revised	124708
Code;	124709

~~(4) Sewerage or treatment works for the on-lot disposal or~~	124710
~~treatment of sewage from a small flow on-site sewage treatment~~	124711
~~system, as defined in section 3718.01 of the Revised Code, if the~~	124712
~~board of health of a city or general health district has notified~~	124713
~~the director of health and the director of environmental~~	124714
~~protection under section 3718.021 of the Revised Code that the~~	124715
~~board has chosen to regulate the system, provided that the board~~	124716
~~remains in compliance with the rules adopted under division~~	124717
~~(A)(13) of section 3718.02 of the Revised Code~~.	124718

The exclusions established in divisions (B)(2) and (3) of	124719
this section do not apply to the construction or installation of	124720
disposal systems, as defined in section 6111.01 of the Revised	124721
Code, that are located at an animal feeding facility and that	124722
store, treat, or discharge wastewaters that do not include storm	124723
water or manure or that discharge to a publicly owned treatment	124724
works.	124725

Sec. 6117.01. (A) As used in this chapter:

124726

(1) "Sanitary facilities" means sanitary sewers, force mains,	124727
lift or pumping stations, and facilities for the treatment,	124728
disposal, impoundment, or storage of wastes; equipment and	124729
furnishings; and all required appurtenances and necessary real	124730
estate and interests in real estate.	124731

(2) "Drainage" or "waters" means flows from rainfall or	124732
otherwise produced by, or resulting from, the elements, storm	124733
water discharges and releases or migrations of waters from	124734
properties, accumulations, flows, and overflows of water,	124735
including accelerated flows and runoffs, flooding and threats of	124736
flooding of properties and structures, and other surface and	124737
subsurface drainage.	124738

(3) "Drainage facilities" means storm sewers, force mains,	124739
pumping stations, and facilities for the treatment, disposal,	124740
impoundment, retention, control, or storage of waters;	124741
improvements of or for any channel, ditch, drain, floodway, or	124742
watercourse, including location, construction, reconstruction,	124743
reconditioning, widening, deepening, cleaning, removal of	124744
obstructions, straightening, boxing, culverting, tiling, filling,	124745
walling, arching, or change in course, location, or terminus;	124746
improvements of or for a river, creek, or run, including	124747
reinforcement of banks, enclosing, deepening, widening,	124748
straightening, removal of obstructions, or change in course,	124749
location, or terminus; facilities for the protection of lands	124750
from the overflow of water, including a levee, wall, embankment,	124751
jetty, dike, dam, sluice, revetment, reservoir, retention or	124752
holding basin, control gate, or breakwater; facilities for	124753
controlled drainage, regulation of stream flow, and protection of	124754
an outlet; the vacation of a ditch or drain; equipment and	124755
furnishings; and all required appurtenances and necessary real	124756
estate and interests in real estate.	124757

(4) "County sanitary engineer" means either of the following:

124758

(a) The registered professional engineer employed or	124759
appointed by the board of county commissioners to be the county	124760
sanitary engineer as provided in this section3;	124761

(b) The county engineer, if, for as long as and to the extent	124762
that engineer by agreement entered into under section 315.14 of	124763
the Revised Code is retained to discharge duties of a county	124764
sanitary engineer under this chapter.	124765

(5) "Current operating expenses," "debt charges," "permanent	124766
improvement," "public obligations," and "subdivision" have the	124767
same meanings as in section 133.01 of the Revised Code.	124768

(6) "Construct," "construction," or "constructing" means	124769
construction, reconstruction, enlargement, extension, improvement,	124770
renovation, repair, and replacement of sanitary or drainage	124771
facilities or of prevention or replacement facilities, but does	124772
not include any repairs, replacements, or similar actions that do	124773
not constitute and qualify as permanent improvements.	124774

(7) "Maintain," "maintaining," or "maintenance" means	124775
repairs, replacements, and similar actions that constitute and are	124776
payable as current operating expenses and that are required to	124777
restore sanitary or drainage facilities or prevention or	124778
replacement facilities to, or to continue sanitary or drainage	124779
facilities or prevention or replacement facilities in, good order	124780
and working condition, but does not include construction of	124781
permanent improvements.	124782

(8) "Public agency" means a state and any agency or	124783
subdivision of a state, including a county, a municipal	124784
corporation, or other subdivision.	124785

(9) "Combined sewer" means a sewer system that is designed to	124786
collect and convey sewage, including domestic, commercial, and	124787
industrial wastewater, and storm water through a single-pipe	124788
system to a treatment works or combined sewer overflow outfall	124789
approved by the director of environmental protection.	124790

(10) "Prevention or replacement facilities" means vegetated	124791
swales or median strips, permeable pavement, trees and tree boxes,	124792
rain barrels and cisterns, rain gardens and filtration planters,	124793
vegetated roofs, wetlands, riparian buffers, and practices and	124794
structures that use or mimic natural processes to filter or reuse	124795
storm water.	124796

(11) "Homestead exemption" means the reduction of taxes	124797
allowed under division (A) of section 323.152 of the Revised Code.	124798

(12) "Low- and moderate-income person" has the same meaning	124799
as in section 175.01 of the Revised Code.	124800

(B)(1) For the purpose of preserving and promoting the public	124801
health and welfare, a board of county commissioners may lay out,	124802
establish, consolidate, or otherwise modify the boundaries of, and	124803
maintain, one or more sewer districts within the county and	124804
outside municipal corporations and may have a registered	124805
professional engineer make the surveys necessary for the	124806
determination of the proper boundaries of each district, which	124807
shall be designated by an appropriate name or number. The board	124808
may acquire, construct, maintain, and operate within any district	124809
sanitary or drainage facilities that it determines to be necessary	124810
or appropriate for the collection of sewage and other wastes	124811
originating in or entering the district, to comply with the	124812
provisions of a contract entered into for the purposes described	124813
in sections 6117.41 to 6117.44 of the Revised Code and pursuant to	124814
those sections or other applicable provisions of law, or for the	124815
collection, control, or abatement of waters originating or	124816
accumulating in, or flowing in, into, or through, the district,	124817
and other sanitary or drainage facilities, within or outside of	124818
the district, that it determines to be necessary or appropriate to	124819
conduct the wastes and waters to a proper outlet and to provide	124820
for their proper treatment, disposal, and disposition. The board	124821
may provide for the protection of the sanitary and drainage	124822
facilities and may negotiate and enter into a contract with any	124823
public agency or person for the management, maintenance,	124824
operation, and repair of any of the facilities on behalf of the	124825
county upon the terms and conditions that may be agreed upon with	124826
the agency or person and that may be determined by the board to be	124827
in the best interests of the county. By contract with any public	124828
agency or person operating sanitary or drainage facilities within	124829
or outside of the county, the board may provide a proper outlet	124830
for any of the wastes and waters and for their proper treatment,	124831
disposal, and disposition.	124832

(2) For purposes of preventing storm water from entering a	124833
combined sewer and causing an overflow or an inflow to a sanitary	124834
sewer, the board may acquire, design, construct, operate, repair,	124835
maintain, and provide for a project or program that separates	124836
storm water from a combined sewer or for a prevention or	124837
replacement facility that prevents or minimizes storm water from	124838
entering a combined sewer or a sanitary sewer.	124839

(C) The board of county commissioners may employ a registered	124840
professional engineer to be the county sanitary engineer for the	124841
time and on the terms it considers best and may authorize the	124842
county sanitary engineer to employ necessary assistants upon the	124843
terms fixed by the board. Prior to the initial assignment of	124844
drainage facilities duties to the county sanitary engineer, if the	124845
county sanitary engineer is not the county engineer, the board	124846
first shall offer to enter into an agreement with the county	124847
engineer pursuant to section 315.14 of the Revised Code for	124848
assistance in the performance of those duties of the board	124849
pertaining to drainage facilities, and the county engineer shall	124850
accept or reject the offer within thirty days after the date the	124851
offer is made.	124852

The board may create and maintain a sanitary engineering	124853
department, which shall be under its supervision and which shall	124854
be headed by the county sanitary engineer, for the purpose of	124855
aiding it in the performance of its duties under this chapter and	124856
Chapter 6103. of the Revised Code or its other duties regarding	124857
sanitation, drainage, and water supply provided by law. The board	124858
shall provide suitable facilities for the use of the department	124859
and shall provide for and pay the compensation of the county	124860
sanitary engineer and all authorized necessary expenses of the	124861
county sanitary engineer and the sanitary engineering department.	124862
The county sanitary engineer, with the approval of the board, may	124863
appoint necessary assistants and clerks, and the compensation of	124864
those assistants and clerks shall be provided for and paid by the	124865
board.	124866

(D) The board of county commissioners may adopt, publish,	124867
administer, and enforce rules for the construction, maintenance,	124868
protection, and use of county-owned or county-operated sanitary	124869
and drainage facilities and prevention or replacement facilities	124870
outside municipal corporations, and of sanitary and drainage	124871
facilities and prevention or replacement facilities within	124872
municipal corporations that are owned or operated by the county	124873
or that discharge into sanitary or drainage facilities or	124874
prevention or replacement facilities owned or operated by the	124875
county, including, but not limited to, rules for the establishment	124876
and use of any connections, the termination in accordance with	124877
reasonable procedures of sanitary service for the nonpayment of	124878
county sanitary rates and charges and, if so determined, the	124879
concurrent termination of any county water service for the	124880
nonpayment of those rates and charges, the termination in	124881
accordance with reasonable procedures of drainage service for the	124882
nonpayment of county drainage rates and charges, and the	124883
establishment and use of security deposits to the extent	124884
considered necessary to ensure the payment of county sanitary or	124885
drainage rates and charges. The rules shall not be inconsistent	124886
with the laws of this state or any applicable rules of the	124887
director of environmental protection.	124888

(E) No sanitary or drainage facilities or prevention or	124889
replacement facilities shall be constructed in any county outside	124890
municipal corporations by any person until the plans and	124891
specifications have been approved by the board of county	124892
commissioners, and any construction shall be done under the	124893
supervision of the county sanitary engineer. Not less than thirty	124894
days before the date drainage plans are submitted to the board for	124895
its approval, the plans shall be submitted to the county engineer.	124896
If the county engineer is of the opinion after review that the	124897
facilities will have a significant adverse effect on roads,	124898
culverts, bridges, or existing maintenance within the county, the	124899
county engineer may submit a written opinion to the board not	124900
later than thirty days after the date the plans are submitted to	124901
the county engineer. The board may take action relative to the	124902
drainage plans only after the earliest of receiving the written	124903
opinion of the county engineer, receiving a written waiver of	124904
submission of an opinion from the county engineer, or passage of	124905
thirty days from the date the plans are submitted to the county	124906
engineer. Any person constructing the facilities shall pay to the	124907
county all expenses incurred by the board in connection with the	124908
construction.	124909

(F) The county sanitary engineer or the county sanitary	124910
engineer's authorized assistants or agents, when properly	124911
identified in writing or otherwise and after written notice is	124912
delivered to the owner at least five days in advance or is mailed	124913
at least five days in advance by first class or certified mail to	124914
the owner's tax mailing address, may enter upon any public or	124915
private property for the purpose of making, and may make, surveys	124916
or inspections necessary for the laying out of sewer districts or	124917
the design or evaluation of county sanitary or drainage facilities	124918
or prevention or replacement facilities. This entry is not a	124919
trespass and is not to be considered an entry in connection with	124920
any appropriation of property proceedings under sections 163.01 to	124921
163.22 of the Revised Code that may be pending. No person or	124922
public agency shall forbid the county sanitary engineer or the	124923
county sanitary engineer's authorized assistants or agents to	124924
enter, or interfere with their entry, upon the property for that	124925
purpose or forbid or interfere with their making of surveys or	124926
inspections. If actual damage is done to property by the making of	124927
the surveys and inspections, the board shall pay the reasonable	124928
value of the damage to the property owner, and the cost shall be	124929
included in the cost of the facilities and may be included in any	124930
special assessments to be levied and collected to pay that cost.	124931

Sec. 6117.02. (A) The board of county commissioners shall	124932
fix reasonable rates, including penalties for late payments, for	124933
the use, or the availability for use, of the sanitary facilities	124934
of a sewer district to be paid by every person and public agency	124935
whose premises are served, or capable of being served, by a	124936
connection directly or indirectly to those facilities when those	124937
facilities are owned or operated by the county and may change the	124938
rates from time to time as it considers advisable. When the	124939
sanitary facilities to be used by the county are owned by another	124940
public agency or person, the schedule of rates to be charged by	124941
the public agency or person for the use of the facilities by the	124942
county, or the formula or other procedure for their determination,	124943
shall be approved by the board at the time it enters into a	124944
contract for that use.	124945

(B) The board also shall establish reasonable charges to be	124946
collected for the privilege of connecting to the sanitary	124947
facilities of the district, with the requirement that, prior to	124948
the connection, the charges shall be paid in full, or, if	124949
determined by the board to be equitable in a resolution relating	124950
to the payment of the charges, provision considered adequate by	124951
the board shall be made for their payment in installments at the	124952
times, in the amounts, and with the security, carrying charges,	124953
and penalties as may be found by the board in that resolution to	124954
be fair and appropriate. No public agency or person shall be	124955
permitted to connect to those facilities until the charges have	124956
been paid in full or provision for their payment in installments	124957
has been made. If the connection charges are to be paid in	124958
installments, the board shall certify to the county auditor	124959
information sufficient to identify each parcel of property served	124960
by a connection and, with respect to each parcel, the total of the	124961
charges to be paid in installments, the amount of each	124962
installment, and the total number of installments to be paid. The	124963
auditor shall record and maintain the information supplied in the	124964
sewer improvement record provided for in section 6117.33 of the	124965
Revised Code until the connection charges are paid in full. The	124966
board may include amounts attributable to connection charges being	124967
paid in installments in its billings of rates and charges for the	124968
use of sanitary facilities.	124969

(C) When any of the sanitary rates or charges are not paid	124970
when due, the board may do any or all of the following as it	124971
considers appropriate:	124972

(1) Certify the unpaid rates or charges, together with any	124973
penalties, to the county auditor, who shall place them upon the	124974
real property tax list and duplicate against the property served	124975
by the connection. The certified amount shall be a lien on the	124976
property from the date placed on the real property tax list and	124977
duplicate and shall be collected in the same manner as taxes,	124978
except that, notwithstanding section 323.15 of the Revised Code, a	124979
county treasurer shall accept a payment in that amount when	124980
separately tendered as payment for the full amount of the unpaid	124981
sanitary rates or charges and associated penalties. The lien shall	124982
be released immediately upon payment in full of the certified	124983
amount.	124984

(2) Collect the unpaid rates or charges, together with any	124985
penalties, by actions at law in the name of the county from an	124986
owner, tenant, or other person or public agency that is liable for	124987
the payment of the rates or charges;	124988

(3) Terminate, in accordance with established rules, the	124989
sanitary service to the particular property and, if so determined,	124990
any county water service to that property, unless and until the	124991
unpaid sanitary rates or charges, together with any penalties, are	124992
paid in full;	124993

(4) Apply, to the extent required, any security deposit made	124994
in accordance with established rules to the payment of sanitary	124995
rates and charges for service to the particular property.	124996

All moneys collected as sanitary rates, charges, or penalties	124997
fixed or established in accordance with divisions (A) and (B) of	124998
this section for any sewer district shall be paid to the county	124999
treasurer and kept in a separate and distinct sanitary fund	125000
established by the board to the credit of the district. Except as	125001
otherwise provided in any proceedings authorizing or providing for	125002
the security for and payment of any public obligations, or in any	125003
indenture or trust or other agreement securing public obligations,	125004
moneys in the sanitary fund shall be applied first to the payment	125005
of the cost of the management, maintenance, and operation of the	125006
sanitary facilities of, or used or operated for, the district,	125007
which cost may include the county's share of management,	125008
maintenance, and operation costs under cooperative contracts for	125009
the acquisition, construction, or use of sanitary facilities and,	125010
in accordance with a cost allocation plan adopted under division	125011
(E) of this section, payment of all allowable direct and indirect	125012
costs of the district, the county sanitary engineer or sanitary	125013
engineering department, or a federal or state grant program,	125014
incurred for sanitary purposes under this chapter, and shall be	125015
applied second to the payment of debt charges payable on any	125016
outstanding public obligations issued or incurred for the	125017
acquisition or construction of sanitary facilities for or serving	125018
the district, or for the funding of a bond retirement or other	125019
fund established for the payment of or security for the	125020
obligations. Any surplus remaining may be applied to the	125021
acquisition or construction of those facilities or for the payment	125022
of contributions to be made, or costs incurred, for the	125023
acquisition or construction of those facilities under cooperative	125024
contracts. Moneys in the sanitary fund shall not be expended other	125025
than for the use and benefit of the district.	125026

(D) The board may fix reasonable rates and charges, including	125027
connection charges and penalties for late payments, to be paid by	125028
any person or public agency owning or having possession or control	125029
of any properties that are connected with, capable of being served	125030
by, or otherwise served directly or indirectly by, drainage	125031
facilities owned or operated by or under the jurisdiction of the	125032
county, including, but not limited to, properties requiring, or	125033
lying within an area of the district requiring, in the judgment of	125034
the board, the collection, control, or abatement of waters	125035
originating or accumulating in, or flowing in, into, or through,	125036
the district, and may change those rates and charges from time to	125037
time as it considers advisable. In addition, the board may fix the	125038
rates and charges in order to pay the costs of complying with the	125039
requirements of phase II of the storm water program of the	125040
national pollutant discharge elimination system established in 40	125041
C.F.R. part 122.	125042

The rates and charges shall be payable periodically as	125043
determined by the board, except that any connection charges shall	125044
be paid in full in one payment, or, if determined by the board to	125045
be equitable in a resolution relating to the payment of those	125046
charges, provision considered adequate by the board shall be made	125047
for their payment in installments at the times, in the amounts,	125048
and with the security, carrying charges, and penalties as may be	125049
found by the board in that resolution to be fair and appropriate.	125050
The board may include amounts attributable to connection charges	125051
being paid in installments in its billings of rates and charges	125052
for the services provided by the drainage facilities. In the case	125053
of rates and charges that are fixed in order to pay the costs of	125054
complying with the requirements of phase II of the storm water	125055
program of the national pollutant discharge elimination system	125056
established in 40 C.F.R. part 122, the rates and charges may be	125057
paid annually or semiannually with real property taxes, provided	125058
that the board certifies to the county auditor information that is	125059
sufficient for the auditor to identify each parcel of property for	125060
which a rate or charge is levied and the amount of the rate or	125061
charge.	125062

When any of the drainage rates or charges are not paid when	125063
due, the board may do any or all of the following as it considers	125064
appropriate:	125065

(1) Certify the unpaid rates or charges, together with any	125066
penalties, to the county auditor, who shall place them upon the	125067
real property tax list and duplicate against the property to which	125068
the rates or charges apply. The certified amount shall be a lien	125069
on the property from the date placed on the real property tax list	125070
and duplicate and shall be collected in the same manner as taxes,	125071
except that notwithstanding section 323.15 of the Revised Code, a	125072
county treasurer shall accept a payment in that amount when	125073
separately tendered as payment for the full amount of the unpaid	125074
drainage rates or charges and associated penalties. The lien shall	125075
be released immediately upon payment in full of the certified	125076
amount.	125077

(2) Collect the unpaid rates or charges, together with any	125078
penalties, by actions at law in the name of the county from an	125079
owner, tenant, or other person or public agency that is liable for	125080
the payment of the rates or charges;	125081

(3) Terminate, in accordance with established rules, the	125082
drainage service for the particular property until the unpaid	125083
rates or charges, together with any penalties, are paid in full;	125084

(4) Apply, to the extent required, any security deposit made	125085
in accordance with established rules to the payment of drainage	125086
rates and charges applicable to the particular property.	125087

All moneys collected as drainage rates, charges, or penalties	125088
in or for any sewer district shall be paid to the county treasurer	125089
and kept in a separate and distinct drainage fund established by	125090
the board to the credit of the district. Except as otherwise	125091
provided in any proceedings authorizing or providing for the	125092
security for and payment of any public obligations, or in any	125093
indenture or trust or other agreement securing public obligations,	125094
moneys in the drainage fund shall be applied first to the payment	125095
of the cost of the management, maintenance, and operation of the	125096
drainage facilities of, or used or operated for, the district,	125097
which cost may include the county's share of management,	125098
maintenance, and operation costs under cooperative contracts for	125099
the acquisition, construction, or use of drainage facilities and,	125100
in accordance with a cost allocation plan adopted under division	125101
(E) of this section, payment of all allowable direct and indirect	125102
costs of the district, the county sanitary engineer or sanitary	125103
engineering department, or a federal or state grant program,	125104
incurred for drainage purposes under this chapter, and shall be	125105
applied second to the payment of debt charges payable on any	125106
outstanding public obligations issued or incurred for the	125107
acquisition or construction of drainage facilities for or serving	125108
the district, or for the funding of a bond retirement or other	125109
fund established for the payment of or security for the	125110
obligations. Any surplus remaining may be applied to the	125111
acquisition or construction of those facilities or for the payment	125112
of contributions to be made, or costs incurred, for the	125113
acquisition or construction of those facilities under cooperative	125114
contracts. Moneys in the drainage fund shall not be expended other	125115
than for the use and benefit of the district.	125116

(E) A board of county commissioners may adopt a cost	125117
allocation plan that identifies, accumulates, and distributes	125118
allowable direct and indirect costs that may be paid from each of	125119
the funds of the district created pursuant to divisions (C) and	125120
(D) of this section, and that prescribes methods for allocating	125121
those costs. The plan shall authorize payment from each of those	125122
funds of only those costs incurred by the district, the county	125123
sanitary engineer or sanitary engineering department, or a federal	125124
or state grant program, and those costs incurred by the general	125125
and other funds of the county for a common or joint purpose, that	125126
are necessary and reasonable for the proper and efficient	125127
administration of the district under this chapter and properly	125128
attributable to the particular fund of the district. The plan	125129
shall not authorize payment from either of the funds of any	125130
general government expense required to carry out the overall	125131
governmental responsibilities of a county. The plan shall conform	125132
to United States office of management and budget Circular A-87,	125133
"Cost Principles for State, Local, and Indian Tribal Governments,"	125134
published May 17, 1995.	125135

(F) A board of county commissioners may establish discounted	125136
rates or charges or may establish another mechanism for providing	125137
a reduction in rates or charges for persons who are sixty-five	125138
years of age or older. The board shall establish eligibility	125139
requirements for such discounted or reduced rates or charges,	125140
including a requirement that a person be eligible for the	125141
homestead exemption or qualify as a low- and moderate-income	125142
person.	125143

Sec. 6119.011. As used in ~~Chapter 6119. of the Revised Code~~	125144
this chapter:	125145

(A) "Court of common pleas" or "court" means, unless the	125146
context indicates a different meaning or intent, the court of	125147
common pleas in which the petition for the organization of a	125148
regional water and sewer district is filed.	125149

(B) "Political subdivision" includes departments, divisions,	125150
authorities, or other units of state governments, watershed	125151
districts, soil and water conservation districts, park districts,	125152
municipal corporations, counties, townships, and other political	125153
subdivisions, special water districts, including county and	125154
regional water and sewer districts, conservancy districts,	125155
sanitary districts, sewer districts or any other public	125156
corporation or agency having the authority to acquire, construct,	125157
or operate waste water or water management facilities, and all	125158
other governmental agencies now or hereafter granted the power of	125159
levying taxes or special assessments, the United States or any	125160
agency thereof, and any agency, commission, or authority	125161
established pursuant to an interstate compact or agreement.	125162

(C) "Person" means any natural person, firm, partnership,	125163
association, or corporation other than a political subdivision.	125164

(D) "Beneficial use" means a use of water, including the	125165
method of diversion, storage, transportation, treatment, and	125166
application, that is reasonable and consistent with the public	125167
interest in the proper utilization of water resources, including,	125168
but not limited to, domestic, agricultural, industrial, power,	125169
municipal, navigational, fish and wildlife, and recreational uses.	125170

(E) "Waters of the state" ~~mean~~means all streams, lakes,	125171
ponds, marshes, watercourses, waterways, wells, springs,	125172
irrigation systems, drainage systems, and all other bodies or	125173
accumulations of water, surface and underground, natural or	125174
artificial, ~~which~~that are situated wholly or partly within, or	125175
border upon, this state, or are within its jurisdiction, except	125176
those private waters ~~which~~that do not combine or effect a	125177
junction with natural surface or underground waters.	125178

(F) "Water resources" means all waters of the state occurring	125179
on the surface in natural or artificial channels, lakes,	125180
reservoirs, or impoundments, and in subsurface aquifers, ~~which~~	125181
that are available or may be made available to agricultural,	125182
commercial, recreational, public, and domestic users.	125183

(G) "Project" or "water resource project" means any waste	125184
water facility or water management facility acquired, constructed,	125185
or operated by or leased to a regional water and sewer district or	125186
to be acquired, constructed, or operated by or leased to a	125187
regional water and sewer district under ~~Chapter 6119. of the~~	125188
~~Revised Code~~this chapter, or acquired or constructed or to be	125189
acquired or constructed by a political subdivision with a portion	125190
of the cost thereof being paid from a loan or grant from the	125191
district under ~~Chapter 6119. of the Revised Code~~this chapter,	125192
including all buildings and facilities ~~which~~that the district	125193
considers necessary for the operation of the project, together	125194
with all property, rights, easements, and interest ~~which~~that may	125195
be required for the operation of the project. Any water resource	125196
project shall be determined by the board of trustees of the	125197
district to be consistent with any applicable comprehensive plan	125198
of water management approved by the director of natural resources	125199
~~of the state~~ or in the process of preparation by ~~such~~the director	125200
and to be not inconsistent with the standards set for the waters	125201
of the state affected thereby by the ~~water pollution control~~	125202
~~board of the state~~environmental protection agency. Any	125203
resolution of the board of trustees of the district providing for	125204
acquiring, operating, leasing, or constructing such projects or	125205
for making a loan or grant for such projects shall include a	125206
finding by the board of trustees of the district that ~~such~~those	125207
determinations have been made.	125208

(H) "Pollution" means the placing of any noxious or	125209
deleterious substances in any waters of the state or affecting the	125210
properties of any waters of the state in a manner ~~which~~that	125211
renders ~~such~~those waters harmful or inimical to the public	125212
health, or to animal or aquatic life, or to the use of ~~such~~the	125213
waters for domestic water supply, industrial or agricultural	125214
purposes, or recreation.	125215

(I) "Sewage" means any substance that contains any of the	125216
waste products or excrementitious or other discharge from the	125217
bodies of human beings or animals~~, which~~that pollutes the waters	125218
of the state.	125219

(J) "Industrial waste" means any liquid, gaseous, or solid	125220
waste substance resulting from any process of industry,	125221
manufacture, trade, or business, or from the development,	125222
processing, or recovery of any natural resource, together with	125223
such sewage as is present, ~~which~~that pollutes the waters of the	125224
state.	125225

(K) "Waste water" means any storm water and any water	125226
containing sewage or industrial waste or other pollutants or	125227
contaminants derived from the prior use of ~~such~~the water.	125228

(L) "Waste water facilities" means facilities for the purpose	125229
of treating, neutralizing, disposing of, stabilizing, cooling,	125230
segregating, or holding waste water, including, without limiting	125231
the generality of the foregoing, facilities for the treatment and	125232
disposal of sewage or industrial waste and the residue thereof,	125233
facilities for the temporary or permanent impoundment of waste	125234
water, both surface and underground, and storm and sanitary sewers	125235
and other systems, whether on the surface or underground, designed	125236
to transport waste water, together with the equipment and	125237
furnishings thereof and their appurtenances and systems, whether	125238
on the surface or underground, including force mains and pumping	125239
facilities therefor when necessary.	125240

(M) "Water management facilities" means facilities for the	125241
purpose of the development, use, and protection of water	125242
resources, including, without limiting the generality of the	125243
foregoing, facilities for water supply, facilities for stream flow	125244
improvement, dams, reservoirs, and other impoundments, water	125245
transmission lines, water wells and well fields, pumping stations	125246
and works for underground water recharge, stream monitoring	125247
systems, facilities for the stabilization of stream and river	125248
banks, and facilities for the treatment of streams and rivers,	125249
including, without limiting the generality of the foregoing,	125250
facilities for the removal of oil, debris, and other solid waste	125251
from the waters of the state and stream and river aeration	125252
facilities.	125253

(N) "Cost" as applied to water resource projects means the	125254
cost of acquisition and construction, the cost of acquisition of	125255
all land, rights-of-way, property rights, easements, franchise	125256
rights, and interests required by the district for such	125257
acquisition and construction, the cost of demolishing or removing	125258
any buildings or structures on land so acquired, including the	125259
cost of acquiring any lands to which such buildings or structures	125260
may be moved, the cost of acquiring or constructing and equipping	125261
a principal office and sub-offices of the district, the cost of	125262
diverting highways, interchange of highways, and access roads to	125263
private property, including the cost of land or easements	125264
therefor, the cost of all machinery, furnishings, and equipment,	125265
financing charges, interest prior to and during construction and	125266
for no more than eighteen months after completion of ~~acquistion~~	125267
acquisition or construction, engineering, expenses of research and	125268
development with respect to waste water or water management	125269
facilities, legal expenses, plans, specifications, surveys,	125270
estimates of cost and revenues, working capital, other expenses	125271
necessary or incident to determining the feasibility or	125272
practicability of acquiring or constructing any such project,	125273
administrative expense, and such other expense as may be necessary	125274
or incident to the acquisition or construction of the project, the	125275
financing of ~~such~~the acquisition or construction, including the	125276
amount authorized in the resolution of the district providing for	125277
the issuance of water resource revenue bonds to be paid into any	125278
special funds from the proceeds of ~~such~~those bonds and the	125279
financing of the placing of any such project in operation. Any	125280
obligation or expense incurred by any political subdivision, and	125281
approved by the district, for surveys, borings, preparation of	125282
plans and specifications, and other engineering services in	125283
connection with the acquisition or construction of a project shall	125284
be regarded as a part of the cost of ~~such~~the project and may be	125285
reimbursed by the district.	125286

(O) "Owner" includes all individuals, partnerships,	125287
associations, corporations, or political subdivisions having any	125288
title or interest in any property rights, easements, and interests	125289
authorized to be acquired by ~~Chapter 6119. of the Revised Code~~	125290
this chapter.	125291

(P) "Revenues" means all rentals and other charges received	125292
by a district for the use or services of any project, all special	125293
assessments levied by the district pursuant to ~~Chapter 6119. of~~	125294
~~the Revised Code~~this chapter, any gift or grant received with	125295
respect thereto, and moneys received in repayment of and for	125296
interest on any loan made by the district to a political	125297
subdivision, whether from the United States or a department,	125298
administration, or agency thereof, or otherwise.	125299

(Q) "Public roads" includes all public highways, roads, and	125300
streets in the state, whether maintained by the state, county,	125301
city, township, or other political subdivision.	125302

(R) "Public utility facilities" includes tracks, pipes,	125303
mains, conduits, cables, wires, towers, poles, and other equipment	125304
and appliances of any public utility.	125305

(S) "Construction," unless the context indicates a different	125306
meaning or intent, includes reconstruction, enlargement,	125307
improvement, or providing furnishings or equipment.	125308

(T) "Water resources bonds," unless the context indicates a	125309
different meaning or intent, includes water resource notes and	125310
water resource refunding bonds.	125311

(U) "Regional water and sewer district" means a district	125312
organized or operating for one or both of the purposes described	125313
in section 6119.01 of the Revised Code and, if organized or	125314
operating for only one of ~~such~~those purposes, may be designated	125315
either a regional water district or a regional sewer district, as	125316
the case may be.	125317

(V) "Homestead exemption" means the reduction of taxes	125318
allowed under division (A) of section 323.152 of the Revised Code.	125319

(W) "Low- and moderate-income person" has the same meaning as	125320
in section 175.01 of the Revised Code.	125321

Sec. 6119.091. When fixing rentals or other charges under	125322
section 6119.09 of the Revised Code, a board of trustees of a	125323
regional water and sewer district may establish discounted rentals	125324
or charges or may establish another mechanism for providing a	125325
reduction in rentals or charges for persons who are sixty-five	125326
years of age or older. The board shall establish eligibility	125327
requirements for such discounted or reduced rentals or charges,	125328
including a requirement that a person be eligible for the	125329
homestead exemption or qualify as a low- and moderate-income	125330
person.	125331

Sec. 6301.03. (A) In administering the "Workforce Investment	125332
Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, the	125333
"Wagner-Peyser Act," 48 Stat. 113 (1933), 29 U.S.C.A. 49, as	125334
amended, the funds received pursuant to those acts, and the	125335
workforce development system, the director of job and family	125336
services may make allocations and payment of funds for the local	125337
administration of the workforce development activities established	125338
under this chapter. Pursuant to the "Workforce Investment Act of	125339
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, the governor	125340
shall reserve not more than fifteen per cent of the amounts	125341
allocated to the state under Title I of that act for adults,	125342
dislocated workers, and youth for statewide activities, and not	125343
more than twenty-five per cent of funds allocated for dislocated	125344
workers under Title I of that act for statewide rapid response	125345
activities.	125346

(B) The director shall allocate to local areas all funds	125347
required to be allocated to local areas pursuant to the "Workforce	125348
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	125349
amended. The director shall make allocations only with funds	125350
available. Local areas, as defined by either section 101 of the	125351
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.	125352
2801, as amended, or section 6301.01 of the Revised Code, and	125353
subrecipients of a local area shall establish a workforce	125354
development fund and the entity receiving funds shall deposit all	125355
funds received under this section into the workforce development	125356
fund. All expenditures for activities funded under this section	125357
shall be made from the workforce development fund, including	125358
reimbursements to a county public assistance fund for expenditures	125359
made for activities funded under this section.	125360

(C) The use of funds, reporting requirements, and other	125361
administrative and operational requirements governing the use of	125362
funds received by the director pursuant to this section shall be	125363
governed by internal management rules adopted by the director	125364
pursuant to section 111.15 of the Revised Code.	125365

(D) To the extent permitted by state or federal law, the	125366
director, local areas, counties, and municipal corporations	125367
authorized to administer workforce development activities may	125368
assess a fee for specialized services requested by an employer.	125369
The director shall adopt rules pursuant to Chapter 119. of the	125370
Revised Code governing the nature and amount of those types of	125371
fees.	125372

Section 101.02. That existing sections 7.12, 9.06, 9.24,	125373
9.314, 101.34, 101.72, 102.02, 105.41, 107.21, 107.40, 109.57,	125374
109.572, 109.73, 109.731, 109.742, 109.744, 109.751, 109.761,	125375
109.77, 109.802, 109.803, 117.13, 118.05, 120.08, 121.04,	125376
121.07, 121.08, 121.083, 121.084, 121.31, 121.37, 121.40,	125377
121.401, 121.402, 122.011, 122.05, 122.051, 122.075, 122.151,	125378
122.17, 122.171, 122.40, 122.603, 122.71, 122.751, 122.76,	125379
122.89, 123.01, 124.03, 124.04, 124.07, 124.11, 124.134,	125380
124.14, 124.152, 124.181, 124.183, 124.22, 124.23, 124.27,	125381
124.321, 124.324, 124.325, 124.34, 124.381, 124.382, 124.385,	125382
124.386, 124.392, 124.81, 125.11, 125.18, 125.831, 126.05,	125383
126.21, 126.35, 127.16, 131.23, 131.33, 133.01, 133.02, 133.06,	125384
133.18, 133.20, 133.21, 133.34, 135.03, 135.06, 135.08, 135.32,	125385
141.04, 145.012, 145.298, 148.02, 148.04, 149.43, 149.45,	125386
150.01, 150.02, 150.03, 150.04, 150.05, 150.07, 152.09, 152.10,	125387
152.12, 152.15, 152.33, 156.01, 156.02, 156.03, 156.04, 166.02,	125388
166.07, 166.08, 166.11, 166.25, 169.08, 173.08, 173.35,	125389
173.392, 173.40, 173.401, 173.42, 173.43, 173.50, 173.71, 173.76,	125390
173.99, 174.02, 174.03, 174.06, 175.01, 176.05, 303.213,	125391
307.626, 307.629, 307.79, 311.17, 311.42, 319.28, 319.301,	125392
319.302, 319.54, 321.24, 321.261, 323.01, 323.121, 323.156,	125393
323.73, 323.74, 323.77, 323.78, 329.03, 329.04, 329.042, 329.051,	125394
329.06, 340.033, 343.01, 351.01, 351.021, 504.21, 505.82, 711.001,	125395
711.05, 711.10, 711.131, 718.04, 721.15, 901.20, 901.32, 901.43,	125396
903.082, 903.11, 903.25, 905.32, 905.33, 905.331, 905.36,	125397
905.50, 905.51, 905.52, 905.56, 907.13, 907.14, 907.30,	125398
907.31, 915.24, 918.08, 918.28, 921.02, 921.06, 921.09, 921.11,	125399
921.13, 921.16, 921.22, 921.27, 921.29, 923.44, 923.46,	125400
927.51, 927.52, 927.53, 927.56, 927.69, 927.70, 927.701,	125401
927.71, 942.01, 942.02, 942.06, 942.13, 943.01, 943.02, 943.04,	125402
943.05, 943.06, 943.07, 943.13, 943.14, 943.16, 953.21, 953.22,	125403
953.23, 955.201, 1321.20, 1321.51, 1321.52, 1321.53, 1321.54,	125404
1321.55, 1321.551, 1321.57, 1321.59, 1321.60, 1321.99, 1322.01,	125405
1322.02, 1322.03, 1322.031, 1322.04, 1322.041, 1322.05,	125406
1322.051, 1322.052, 1322.06, 1322.061, 1322.062, 1322.063,	125407
1322.064, 1322.07, 1322.071, 1322.072, 1322.074, 1322.075,	125408
1322.08, 1322.081, 1322.09, 1322.10, 1322.11, 1322.99, 1332.24,	125409
1332.25, 1343.011, 1345.01, 1345.05, 1345.09, 1347.08, 1349.31,	125410
1349.43, 1501.01, 1501.05, 1501.07, 1501.30, 1502.12, 1506.01,	125411
1507.01, 1511.01, 1511.02, 1511.021, 1511.022, 1511.03,	125412
1511.04, 1511.05, 1511.06, 1511.07, 1511.071, 1511.08,	125413
1514.08, 1514.10, 1514.13, 1515.08, 1515.14, 1515.183, 1517.02,	125414
1517.10, 1517.11, 1517.14, 1517.16, 1517.17, 1517.18, 1519.03,	125415
1520.02, 1520.03, 1521.03, 1521.031, 1521.04, 1521.05, 1521.06,	125416
1521.061, 1521.062, 1521.063, 1521.064, 1521.07, 1521.10,	125417
1521.11, 1521.12, 1521.13, 1521.14, 1521.15, 1521.16, 1521.18,	125418
1521.19, 1523.01, 1523.02, 1523.03, 1523.04, 1523.05, 1523.06,	125419
1523.07, 1523.08, 1523.09, 1523.10, 1523.11, 1523.12, 1523.13,	125420
1523.14, 1523.15, 1523.16, 1523.17, 1523.18, 1523.19, 1523.20,	125421
1533.11, 1541.03, 1547.01, 1547.51, 1547.52, 1547.531, 1547.54,	125422
1547.542, 1547.73, 1547.99, 1548.10, 1707.17, 1707.18, 1707.37,	125423
1710.01, 1710.02, 1710.03, 1710.04, 1710.06, 1710.07, 1710.10,	125424
1710.13, 1721.211, 1724.02, 1724.04, 1733.26, 1739.05, 1751.03,	125425
1751.04, 1751.05, 1751.14, 1751.15, 1751.16, 1751.18, 1751.19,	125426
1751.32, 1751.321, 1751.34, 1751.35, 1751.36, 1751.45,	125427
1751.46, 1751.48, 1751.831, 1751.84, 1751.85, 1753.09,	125428
1901.121, 1901.26, 1901.31, 1907.14, 1907.24, 2101.01, 2301.02,	125429
2301.03, 2303.201, 2305.234, 2317.422, 2503.17, 2505.09,	125430
2505.12, 2743.51, 2744.05, 2903.214, 2903.33, 2907.27, 2911.21,	125431
2913.46, 2915.01, 2921.13, 2921.51, 2923.125, 2923.1210,	125432
2923.1213, 2923.16, 2937.22, 2949.091, 2949.111, 2949.17,	125433
2981.13, 3105.87, 3111.04, 3119.01, 3119.54, 3121.03, 3121.035,	125434
3121.037, 3121.0311, 3121.19, 3121.20, 3121.898, 3123.952,	125435
3125.25, 3301.07, 3301.075, 3301.079, 3301.0710, 3301.0711,	125436
3301.0714, 3301.0715, 3301.0716, 3301.0718, 3301.12, 3301.16,	125437
3301.46, 3301.55, 3301.57, 3302.01, 3302.02, 3302.021, 3302.03,	125438
3302.031, 3302.05, 3302.07, 3304.16, 3304.231, 3307.31, 3307.64,	125439
3309.41, 3309.48, 3309.51, 3310.03, 3310.08, 3310.09, 3310.11,	125440
3310.14, 3310.41, 3311.059, 3311.06, 3311.19, 3311.21, 3311.29,	125441
3311.52, 3311.76, 3313.174, 3313.483, 3313.53, 3313.532,	125442
3313.536, 3313.55, 3313.60, 3313.602, 3313.603, 3313.605,	125443
3313.608, 3313.6013, 3313.61, 3313.611, 3313.612, 3313.614,	125444
3313.615, 3313.64, 3313.642, 3313.6410, 3313.65, 3313.713,	125445
3313.843, 3313.976, 3313.978, 3313.98, 3313.981, 3314.012,	125446
3314.015, 3314.016, 3314.02, 3314.021, 3314.03, 3314.08,	125447
3314.085, 3314.087, 3314.091, 3314.10, 3314.13, 3314.19, 3314.25,	125448
3314.26, 3314.35, 3314.36, 3315.37, 3316.041, 3316.06, 3316.20,	125449
3317.01, 3317.011, 3317.013, 3317.02, 3317.021, 3317.022,	125450
3317.023, 3317.024, 3317.025, 3317.0210, 3317.0211, 3317.0216,	125451
3317.03, 3317.031, 3317.04, 3317.061, 3317.063, 3317.08,	125452
3317.081, 3317.082, 3317.12, 3317.16, 3317.18, 3317.20, 3317.201,	125453
3318.011, 3318.051, 3318.061, 3318.36, 3318.38, 3318.44,	125454
3319.073, 3319.08, 3319.081, 3319.088, 3319.11, 3319.151,	125455
3319.16, 3319.161, 3319.22, 3319.221, 3319.233, 3319.234,	125456
3319.235, 3319.24, 3319.25, 3319.26, 3319.28, 3319.291,	125457
3319.303, 3319.36, 3319.391, 3319.41, 3319.51, 3319.56, 3319.57,	125458
3319.60, 3319.61, 3319.63, 3321.01, 3321.05, 3323.05, 3323.091,	125459
3323.14, 3323.142, 3324.05, 3325.08, 3326.02, 3326.03, 3326.04,	125460
3326.05, 3326.06, 3326.07, 3326.08, 3326.11, 3326.14, 3326.20,	125461
3326.23, 3326.33, 3326.36, 3326.37, 3326.51, 3327.02, 3327.04,	125462
3327.05, 3327.10, 3329.16, 3333.04, 3333.122, 3333.123, 3333.16,	125463
3333.28, 3333.35, 3333.38, 3333.42, 3333.61, 3333.62, 3333.66,	125464
3334.03, 3334.07, 3334.08, 3334.11, 3334.12, 3343.04, 3345.011,	125465
3345.062, 3345.12, 3345.32, 3345.61, 3345.62, 3345.63,	125466
3345.64, 3345.65, 3345.66, 3349.242, 3351.07, 3354.26, 3365.01,	125467
3365.04, 3365.041, 3365.07, 3365.08, 3365.09, 3365.10, 3501.17,	125468
3503.18, 3503.21, 3701.045, 3701.07, 3701.242, 3701.247,	125469
3701.344, 3701.78, 3702.30, 3702.51, 3702.52, 3702.524,	125470
3702.525, 3702.53, 3702.532, 3702.54, 3702.544, 3702.55,	125471
3702.57, 3702.59, 3702.60, 3702.61, 3702.74, 3702.87, 3702.89,	125472
3702.90, 3702.91, 3702.92, 3702.93, 3702.94, 3703.01, 3703.03,	125473
3703.04, 3703.05, 3703.06, 3703.07, 3703.08, 3703.10, 3703.21,	125474
3703.99, 3704.03, 3704.14, 3704.144, 3705.03, 3705.24, 3706.04,	125475
3706.25, 3707.26, 3709.09, 3712.01, 3712.03, 3713.01, 3713.02,	125476
3713.03, 3713.04, 3713.05, 3713.06, 3713.07, 3713.08, 3713.09,	125477
3713.10, 3714.03, 3714.07, 3715.87, 3715.871, 3715.873, 3717.07,	125478
3717.23, 3717.25, 3717.43, 3717.45, 3718.03, 3718.06, 3721.01,	125479
3721.02, 3721.071, 3721.23, 3721.50, 3721.51, 3721.53, 3721.55,	125480
3721.56, 3722.01, 3722.011, 3722.02, 3722.021, 3722.04,	125481
3722.041, 3722.05, 3722.06, 3722.08, 3722.09, 3722.10,	125482
3722.13, 3722.14, 3722.15, 3722.16, 3722.17, 3722.18, 3722.99,	125483
3727.02, 3729.07, 3733.02, 3733.04, 3733.25, 3733.43, 3734.05,	125484
3734.28, 3734.281, 3734.53, 3734.57, 3734.573, 3734.82,	125485
3734.901, 3734.9010, 3737.71, 3743.04, 3743.25, 3745.015,	125486
3745.05, 3745.11, 3748.01, 3748.04, 3748.07, 3748.12, 3748.13,	125487
3749.04, 3767.41, 3770.03, 3770.05, 3773.35, 3773.36, 3773.43,	125488
3773.45, 3773.53, 3781.03, 3781.07, 3781.10, 3781.102, 3781.11,	125489
3781.12, 3781.19, 3783.05, 3791.02, 3791.04, 3791.05, 3791.07,	125490
3793.02, 3793.04, 3901.381, 3901.3812, 3923.021, 3923.022,	125491
3923.11, 3923.122, 3923.24, 2923.58, 2923.581, 3923.66, 3923.67,	125492
3923.68, 3923.75, 3923.76, 3923.77, 3924.06, 3929.43, 3937.41,	125493
3951.01, 4104.01, 4104.02, 4104.06, 4104.07, 4104.08, 4104.09,	125494
4104.10, 4104.101, 4104.12, 4104.15, 4104.16, 4104.17, 4104.18,	125495
4104.19, 4104.21, 4104.33, 4104.42, 4104.43, 4104.44, 4104.48,	125496
4105.01, 4105.02, 4105.03, 4105.04, 4105.05, 4105.06, 4105.09,	125497
4105.11, 4105.12, 4105.13, 4105.15, 4105.16, 4105.17, 4105.191,	125498
4105.20, 4105.21, 4112.01, 4112.04, 4112.05, 4112.051, 4117.01,	125499
4117.02, 4117.07, 4117.12, 4117.24, 4123.27, 4141.01, 4141.08,	125500
4141.162, 4141.31, 4169.02, 4169.03, 4169.04, 4171.04, 4301.333,	125501
4301.334, 4301.351, 4301.354, 4301.355, 4301.356, 4301.361,	125502
4301.364, 4301.365, 4301.366, 4301.43, 4303.181, 4303.182,	125503
4303.331, 4501.06, 4501.24, 4501.271, 4503.068, 4503.10,	125504
4503.103, 4503.182, 4503.19, 4503.191, 4503.235, 4503.40,	125505
4503.42, 4503.44, 4505.01, 4505.06, 4505.062, 4505.09,	125506
4505.111, 4505.181, 4505.20, 4507.02, 4507.03, 4507.23, 4507.24,	125507
4507.45, 4509.101, 4510.11, 4510.12, 4510.16, 4510.22,	125508
4511.191, 4511.69, 4513.021, 4513.03, 4513.04, 4513.05,	125509
4513.06, 4513.07, 4513.071, 4513.09, 4513.11, 4513.111,	125510
4513.12, 4513.13, 4513.14, 4513.15, 4513.16, 4513.17, 4513.171,	125511
4513.18, 4513.19, 4513.21, 4513.22, 4513.23, 4513.24, 4513.242,	125512
4513.28, 4513.60, 4513.65, 4513.99, 4517.01, 4517.02, 4517.03,	125513
4517.30, 4517.33, 4517.43, 4519.02, 4519.03, 4519.04, 4519.44,	125514
4519.59, 4549.10, 4549.12, 4582.07, 4582.08, 4582.32, 4582.33,	125515
4709.12, 4713.32, 4713.63, 4713.64, 4717.31, 4729.42, 4729.99,	125516
4731.10, 4731.26, 4731.38, 4731.65, 4731.71, 4733.10, 4734.25,	125517
4735.06, 4735.09, 4735.12, 4735.13, 4735.15, 4736.01, 4740.03,	125518
4740.11, 4740.14, 4741.41, 4741.44, 4741.45, 4741.46, 4751.07,	125519
4755.06, 4755.12, 4757.10, 4757.31, 4757.36, 4763.01,	125520
4763.03, 4763.04, 4763.05, 4763.06, 4763.07, 4763.09, 4763.11,	125521
4763.13, 4763.14, 4763.17, 4765.11, 4765.17, 4765.23, 4765.30,	125522
4766.09, 4767.05, 4767.07, 4767.08, 4776.02, 4781.01, 4781.02,	125523
4781.04, 4781.05, 4781.06, 4781.07, 4905.801, 4928.01,	125524
5101.11, 5101.16, 5101.162, 5101.181, 5101.24, 5101.26, 5101.31,	125525
5101.33, 5101.34, 5101.36, 5101.47, 5101.50, 5101.5110,	125526
5101.5212, 5101.5213, 5101.54, 5101.541, 5101.544, 5101.571,	125527
5101.573, 5101.58, 5101.60, 5101.61, 5101.84, 5103.02, 5103.03,	125528
5104.04, 5104.041, 5104.051, 5104.30, 5104.32, 5104.341, 5104.35,	125529
5014.39, 5104.42, 5107.05, 5107.16, 5107.17, 5107.78, 5108.04,	125530
5108.07, 5111.01, 5111.019, 5111.028, 5111.032, 5111.033,	125531
5111.034, 5111.06, 5111.084, 5111.16, 5111.176, 5111.20, 5111.21,	125532
5111.211, 5111.231, 5111.232, 5111.24, 5111.243, 5111.25,	125533
5111.261, 5111.65, 5111.651, 5111.68, 5111.681, 5111.685,	125534
5111.686, 5111.688, 5111.705, 5111.85, 5111.851, 5111.874,	125535
5111.875, 5111.89, 5111.891, 5111.894, 5111.971, 5112.03,	125536
5112.08, 5112.17, 5112.30, 5112.31, 5112.37, 5112.39, 5115.20,	125537
5115.22, 5115.23, 5119.16, 5119.61, 5120.032, 5120.033, 5120.09,	125538
5122.31, 5123.049, 5123.0412, 5123.0413, 5123.0417, 5123.19,	125539
5126.044, 5126.05, 5126.054, 5126.055, 5126.0512, 5126.19,	125540
5126.24, 5139.43, 5153.163, 5501.04, 5502.01, 5502.12, 5502.14,	125541
5502.15, 5505.15, 5701.11, 5703.21, 5703.37, 5703.80, 5705.01,	125542
5705.211, 5705.214, 5705.25, 5705.29, 5705.341, 5705.37,	125543
5709.62, 5709.63, 5709.632, 5711.33, 5715.02, 5715.251,	125544
5715.26, 5717.03, 5717.04, 5721.01, 5721.32, 5721.33, 5722.02,	125545
5722.04, 5722.21, 5723.04, 5725.18, 5725.98, 5727.81, 5727.811,	125546
5727.84, 5728.12, 5729.03, 5729.98, 5733.01, 5733.04,	125547
5733.47, 5733.98, 5735.142, 5739.01, 5739.02, 5739.03,	125548
5739.033, 5739.09, 5739.131, 5743.15, 5743.61, 5747.01,	125549
5747.13, 5747.16, 5747.18, 5747.76, 5747.98, 5748.02,	125550
5748.03, 5749.02, 5749.12, 5751.01, 5751.011, 5751.012,	125551
5751.013, 5751.02, 5751.03, 5751.04, 5751.05, 5751.051,	125552
5751.06, 5751.08, 5751.09, 5751.20, 5751.21, 5751.22, 5751.23,	125553
5911.10, 5913.051, 5913.09, 6103.01, 6103.02, 6109.21, 6111.04,	125554
6111.044, 6111.44, 6117.01, 6117.02, 6119.011, and 6301.03 of	125555
the Revised Code are hereby repealed.	125556

That existing Section 6 of H.B. 364 of the 124th General	125557
Assembly is hereby repealed.	125558

Section 105.01. That sections 117.102, 173.71, 173.72,	125559
173.721, 173.722, 173.723, 173.724, 173.73, 173.731, 173.732,	125560
173.74, 173.741, 173.742, 173.75, 173.751, 173.752, 173.753,	125561
173.76, 173.77, 173.771, 173.772, 173.773, 173.78, 173.79,	125562
173.791, 173.80, 173.801, 173.802, 173.803, 173.81, 173.811,	125563
173.812, 173.813, 173.814, 173.815, 173.82, 173.83, 173.831,	125564
173.832, 173.833, 173.84, 173.85, 173.86, 173.861, 173.87,	125565
173.871, 173.872, 173.873, 173.874, 173.875, 173.876, 173.88,	125566
173.89, 173.891, 173.892, 173.90, 173.91, 905.38, 905.381, 905.66,	125567
907.16, 927.74, 1504.01, 1504.02, 1504.03, 1504.04, 1517.15,	125568
1521.02, 1711.58, 3301.0712, 3301.41, 3301.42, 3301.43, 3302.032,	125569
3313.473, 3314.15, 3319.0810, 3319.222, 3319.23, 3319.261,	125570
3319.302, 3319.304, 3333.27, 3701.77, 3701.771, 3701.772, 3701.93,	125571
3701.931, 3701.932, 3701.933, 3701.934, 3701.935, 3701.936,	125572
3702.511, 3702.523, 3702.527, 3702.528, 3702.529, 3702.542,	125573
3704.143, 3724.01, 3724.02, 3724.021, 3724.03, 3724.04, 3724.05,	125574
3724.06, 3724.07, 3724.08, 3724.09, 3724.10, 3724.11, 3724.12,	125575
3724.13, 3724.99, 4517.052, 4517.27, 4735.22, 4735.23, 5101.072,	125576
5103.154, 5111.263, 5112.371, 5115.10, 5115.11, 5115.12, 5115.13,	125577
5115.14, 5145.32, and 5923.141 of the Revised Code are hereby	125578
repealed.	125579

Section 105.10. Sections 1751.53 and 3923.38 of the Revised	125580
Code as they result from Section 120.10 of H.B. 2 of the 128th	125581
General Assembly are hereby repealed. This repeal enables the	125582
continued existence of those sections as they result from Section	125583
101.01 of H.B. 2 of the 128th General Assembly.	125584

Section 110.10. That the version of section 2949.111 of the	125585
Revised Code that is scheduled to take effect January 1, 2010, be	125586
amended to read as follows:	125587

Sec. 2949.111. (A) As used in this section:

125588

(1) "Court costs" means any assessment that the court	125589
requires an offender to pay to defray the costs of operating the	125590
court.	125591

(2) "State fines or costs" means any costs imposed or	125592
forfeited bail collected by the court under section 2743.70 of the	125593
Revised Code for deposit into the reparations fund or under	125594
section 2949.091 of the Revised Code for deposit into the ~~general~~	125595
~~revenue~~indigent defense support fund established under section	125596
120.08 of the Revised Code and all fines, penalties, and forfeited	125597
bail collected by the court and paid to a law library association	125598
under section 307.515 of the Revised Code.	125599

(3) "Reimbursement" means any reimbursement for the costs of	125600
confinement that the court orders an offender to pay pursuant to	125601
section 2929.28 of the Revised Code, any supervision fee, any fee	125602
for the costs of house arrest with electronic monitoring that an	125603
offender agrees to pay, any reimbursement for the costs of an	125604
investigation or prosecution that the court orders an offender to	125605
pay pursuant to section 2929.71 of the Revised Code, or any other	125606
costs that the court orders an offender to pay.	125607

(4) "Supervision fees" means any fees that a court, pursuant	125608
to sections 2929.18, 2929.28, and 2951.021 of the Revised Code,	125609
requires an offender who is under a community control sanction to	125610
pay for supervision services.	125611

(5) "Community control sanction" has the same meaning as in	125612
section 2929.01 of the Revised Code.	125613

(B) Unless the court, in accordance with division (C) of this	125614
section, enters in the record of the case a different method of	125615
assigning payments, if a person who is charged with a misdemeanor	125616
is convicted of or pleads guilty to the offense, if the court	125617
orders the offender to pay any combination of court costs, state	125618
fines or costs, restitution, a conventional fine, or any	125619
reimbursement, and if the offender makes any payment of any of	125620
them to a clerk of court, the clerk shall assign the offender's	125621
payment in the following manner:	125622

(1) If the court ordered the offender to pay any court costs,	125623
the offender's payment shall be assigned toward the satisfaction	125624
of those court costs until they have been entirely paid.	125625

(2) If the court ordered the offender to pay any state fines	125626
or costs and if all of the court costs that the court ordered the	125627
offender to pay have been paid, the remainder of the offender's	125628
payment shall be assigned on a pro rata basis toward the	125629
satisfaction of the state fines or costs until they have been	125630
entirely paid.	125631

(3) If the court ordered the offender to pay any restitution	125632
and if all of the court costs and state fines or costs that the	125633
court ordered the offender to pay have been paid, the remainder of	125634
the offender's payment shall be assigned toward the satisfaction	125635
of the restitution until it has been entirely paid.	125636

(4) If the court ordered the offender to pay any fine and if	125637
all of the court costs, state fines or costs, and restitution that	125638
the court ordered the offender to pay have been paid, the	125639
remainder of the offender's payment shall be assigned toward the	125640
satisfaction of the fine until it has been entirely paid.	125641

(5) If the court ordered the offender to pay any	125642
reimbursement and if all of the court costs, state fines or costs,	125643
restitution, and fines that the court ordered the offender to pay	125644
have been paid, the remainder of the offender's payment shall be	125645
assigned toward the satisfaction of the reimbursements until they	125646
have been entirely paid.	125647

(C) If a person who is charged with a misdemeanor is	125648
convicted of or pleads guilty to the offense and if the court	125649
orders the offender to pay any combination of court costs, state	125650
fines or costs, restitution, fines, or reimbursements, the court,	125651
at the time it orders the offender to make those payments, may	125652
prescribe an order of payments that differs from the order set	125653
forth in division (B) of this section by entering in the record of	125654
the case the order so prescribed. If a different order is entered	125655
in the record, on receipt of any payment, the clerk of the court	125656
shall assign the payment in the manner prescribed by the court.	125657

Section 110.11. That the existing version of section 2949.111	125658
of the Revised Code that is scheduled to take effect January 1,	125659
2010, is hereby repealed.	125660

Section 110.12. Sections 110.10 and 110.11 of this act take	125661
effect January 1, 2010.	125662

Section 110.20. That the version of section 5739.033 of the	125663
Revised Code that is scheduled to take effect January 1, 2010, be	125664
amended to read as follows:	125665

Sec. 5739.033. (A) The amount of tax due pursuant to	125666
sections 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised	125667
Code is the sum of the taxes imposed pursuant to those sections	125668
at the sourcing location of the sale as determined under this	125669
section or, if applicable, under division (C) of section 5739.031	125670
or section 5739.034 of the Revised Code. This section applies	125671
only to a vendor's or seller's obligation to collect and remit	125672
sales taxes under section 5739.02, 5739.021, 5739.023, or	125673
5739.026 of the Revised Code or use taxes under section 5741.02,	125674
5741.021, 5741.022, or 5741.023 of the Revised Code. Division (A)	125675
of this section does not apply in determining the jurisdiction	125676
for which sellers are required to collect the use tax under	125677
section 5741.05 of the Revised Code. This section does not affect	125678
the obligation of a consumer to remit use taxes on the storage,	125679
use, or other consumption of tangible personal property or on the	125680
benefit realized of any service provided, to the jurisdiction of	125681
that storage, use, or consumption, or benefit realized.	125682

(B)(1) Beginning January 1, 2010, retail sales, excluding	125683
the lease or rental, of tangible personal property or digital	125684
goods shall be sourced to the location where the vendor receives	125685
an order for the sale of such property or goods if:	125686

(a) The vendor receives the order in this state and the	125687
consumer receives the property or goods in this state;	125688

(b) The location where the consumer receives the property or	125689
goods is determined under division (C)(2), (3), or (4) of this	125690
section; and	125691

(c) The record-keeping system used by the vendor to calculate	125692
the tax imposed captures the location where the order is received	125693
at the time the order is received.	125694

(2) A consumer has no additional liability to this state	125695
under this chapter or Chapter 5741. of the Revised Code for tax,	125696
penalty, or interest on a sale for which the consumer remits tax	125697
to the vendor in the amount invoiced by the vendor if the invoice	125698
amount is calculated at either the rate applicable to the	125699
location where the consumer receives the property or digital good	125700
or at the rate applicable to the location where the order is	125701
received by the vendor. A consumer may rely on a written	125702
representation by the vendor as to the location where the order	125703
for the sale was received by the vendor. If the consumer does not	125704
have a written representation by the vendor as to the location	125705
where the order was received by the vendor, the consumer may use a	125706
location indicated by a business address for the vendor that is	125707
available from records that are maintained in the ordinary course	125708
of the consumer's business to determine the rate applicable to the	125709
location where the order was received.	125710

(3) For the purposes of division (B) of this section, the	125711
location where an order is received by or on behalf of a vendor	125712
means the physical location of the vendor or a third party such as	125713
an established outlet, office location, or automated order receipt	125714
system operated by or on behalf of the vendor, where an order is	125715
initially received by or on behalf of the vendor, and not where	125716
the order may be subsequently accepted, completed, or fulfilled.	125717
An order is received when all necessary information to determine	125718
whether the order can be accepted has been received by or on	125719
behalf of the vendor. The location from which the property or	125720
digital good is shipped shall not be used to determine the	125721
location where the order is received by the vendor.	125722

(4) For the purposes of division (B) of this section, if	125723
services subject to taxation under this chapter or Chapter 5741.	125724
of the Revised Code are sold with tangible personal property or	125725
digital goods pursuant to a single contract or in the same	125726
transaction, the services are billed on the same billing statement	125727
or invoice, and, because of the application of division (B) of	125728
this section, the transaction would be sourced to more than one	125729
jurisdiction, the situs of the transaction shall be the location	125730
where the order is received by or on behalf of the vendor.	125731

(C) Except for sales, other than leases, of titled motor	125732
vehicles, titled watercraft, or titled outboard motors as provided	125733
in section 5741.05 of the Revised Code, or as otherwise provided	125734
in this section and section 5739.034 of the Revised Code, all	125735
sales shall be sourced as follows:	125736

(1) If the consumer or a donee designated by the consumer	125737
receives tangible personal property or a service at a vendor's	125738
place of business, the sale shall be sourced to that place of	125739
business.	125740

(2) When the tangible personal property or service is not	125741
received at a vendor's place of business, the sale shall be	125742
sourced to the location known to the vendor where the consumer or	125743
the donee designated by the consumer receives the tangible	125744
personal property or service, including the location indicated by	125745
instructions for delivery to the consumer or the consumer's donee.	125746

(3) If divisions (C)(1) and (2) of this section do not apply,	125747
the sale shall be sourced to the location indicated by an address	125748
for the consumer that is available from the vendor's business	125749
records that are maintained in the ordinary course of the	125750
vendor's business, when use of that address does not constitute	125751
bad faith.	125752

(4) If divisions (C)(1), (2), and (3) of this section do not	125753
apply, the sale shall be sourced to the location indicated by an	125754
address for the consumer obtained during the consummation of the	125755
sale, including the address associated with the consumer's payment	125756
instrument, if no other address is available, when use of that	125757
address does not constitute bad faith.	125758

(5) If divisions (C)(1), (2), (3), and (4) of this section do	125759
not apply, including in the circumstance where the vendor is	125760
without sufficient information to apply any of those divisions,	125761
the sale shall be sourced to the address from which tangible	125762
personal property was shipped, or from which the service was	125763
provided, disregarding any location that merely provided the	125764
electronic transfer of the property sold or service provided.	125765

(6) As used in division (C) of this section, "receive" means	125766
taking possession of tangible personal property or making first	125767
use of a service. "Receive" does not include possession by a	125768
shipping company on behalf of a consumer.	125769

(D)(1)(a) Notwithstanding divisions (C)(1) to (5) of this	125770
section, a business consumer that is not a holder of a direct	125771
payment permit granted under section 5739.031 of the Revised Code,	125772
that purchases a digital good, computer software, except computer	125773
software received in person by a business consumer at a vendor's	125774
place of business, or a service, and that knows at the time of	125775
purchase that such digital good, software, or service will be	125776
concurrently available for use in more than one taxing	125777
jurisdiction shall deliver to the vendor in conjunction with its	125778
purchase an exemption certificate claiming multiple points of use,	125779
or shall meet the requirements of division (D)(2) of this section.	125780
On receipt of the exemption certificate claiming multiple points	125781
of use, the vendor is relieved of its obligation to collect, pay,	125782
or remit the tax due, and the business consumer must pay the tax	125783
directly to the state.	125784

(b) A business consumer that delivers the exemption	125785
certificate claiming multiple points of use to a vendor may use	125786
any reasonable, consistent, and uniform method of apportioning the	125787
tax due on the digital good, computer software, or service that is	125788
supported by the consumer's business records as they existed at	125789
the time of the sale. The business consumer shall report and pay	125790
the appropriate tax to each jurisdiction where concurrent use	125791
occurs. The tax due shall be calculated as if the apportioned	125792
amount of the digital good, computer software, or service had been	125793
delivered to each jurisdiction to which the sale is apportioned	125794
under this division.	125795

(c) The exemption certificate claiming multiple points of use	125796
shall remain in effect for all future sales by the vendor to the	125797
business consumer until it is revoked in writing by the business	125798
consumer, except as to the business consumer's specific	125799
apportionment of a subsequent sale under division (D)(1)(b) of	125800
this section and the facts existing at the time of the sale.	125801

(2) When the vendor knows that a digital good, computer	125802
software, or service sold will be concurrently available for use	125803
by the business consumer in more than one jurisdiction, but the	125804
business consumer does not provide an exemption certificate	125805
claiming multiple points of use as required by division (D)(1) of	125806
this section, the vendor may work with the business consumer to	125807
produce the correct apportionment. Governed by the principles of	125808
division (D)(1)(b) of this section, the vendor and business	125809
consumer may use any reasonable, but consistent and uniform,	125810
method of apportionment that is supported by the vendor's and	125811
business consumer's books and records as they exist at the time	125812
the sale is reported for purposes of the taxes levied under this	125813
chapter. If the business consumer certifies to the accuracy of the	125814
apportionment and the vendor accepts the certification, the vendor	125815
shall collect and remit the tax accordingly. In the absence of bad	125816
faith, the vendor is relieved of any further obligation to collect	125817
tax on any transaction where the vendor has collected tax pursuant	125818
to the information certified by the business consumer.	125819

(3) When the vendor knows that the digital good, computer	125820
software, or service will be concurrently available for use in	125821
more than one jurisdiction, and the business consumer does not	125822
have a direct pay permit and does not provide to the vendor an	125823
exemption certificate claiming multiple points of use as required	125824
in division (D)(1) of this section, or certification pursuant to	125825
division (D)(2) of this section, the vendor shall collect and	125826
remit the tax based on division (C) of this section.	125827

(4) Nothing in this section shall limit a person's obligation	125828
for sales or use tax to any state in which a digital good,	125829
computer software, or service is concurrently available for use,	125830
nor limit a person's ability under local, state, or federal law,	125831
to claim a credit for sales or use taxes legally due and paid to	125832
other jurisdictions.	125833

(E) A person who holds a direct payment permit issued under	125834
section 5739.031 of the Revised Code is not required to deliver an	125835
exemption certificate claiming multiple points of use to a vendor.	125836
But such permit holder shall comply with division (D)(2) of this	125837
section in apportioning the tax due on a digital good, computer	125838
software, or a service for use in business that will be	125839
concurrently available for use in more than one taxing	125840
jurisdiction.	125841

(F)(1) Notwithstanding divisions (C)(1) to (5) of this	125842
section, the consumer of direct mail that is not a holder of a	125843
direct payment permit shall provide to the vendor in conjunction	125844
with the sale either an exemption certificate claiming direct mail	125845
prescribed by the tax commissioner, or information to show the	125846
jurisdictions to which the direct mail is delivered to recipients.	125847

(2) Upon receipt of such exemption certificate, the vendor is	125848
relieved of all obligations to collect, pay, or remit the	125849
applicable tax and the consumer is obligated to pay that tax on a	125850
direct pay basis. An exemption certificate claiming direct mail	125851
shall remain in effect for all future sales of direct mail by the	125852
vendor to the consumer until it is revoked in writing.	125853

(3) Upon receipt of information from the consumer showing the	125854
jurisdictions to which the direct mail is delivered to recipients,	125855
the vendor shall collect the tax according to the delivery	125856
information provided by the consumer. In the absence of bad faith,	125857
the vendor is relieved of any further obligation to collect tax on	125858
any transaction where the vendor has collected tax pursuant to the	125859
delivery information provided by the consumer.	125860

(4) If the consumer of direct mail does not have a direct	125861
payment permit and does not provide the vendor with either an	125862
exemption certificate claiming direct mail or delivery information	125863
as required by division (F)(1) of this section, the vendor shall	125864
collect the tax according to division (C)(5) of this section.	125865
Nothing in division (F)(4) of this section shall limit a	125866
consumer's obligation to pay sales or use tax to any state to	125867
which the direct mail is delivered.	125868

(5) If a consumer of direct mail provides the vendor with	125869
documentation of direct payment authority, the consumer shall not	125870
be required to provide an exemption certificate claiming direct	125871
mail or delivery information to the vendor.	125872

(G) If the vendor provides lodging to transient guests as	125873
specified in division (B)(2) of section 5739.01 of the Revised	125874
Code, the sale shall be sourced to the location where the lodging	125875
is located.	125876

(H)(1) As used in this division and division (I) of this	125877
section, "transportation equipment" means any of the following:	125878

(a) Locomotives and railcars that are utilized for the	125879
carriage of persons or property in interstate commerce.	125880

(b) Trucks and truck-tractors with a gross vehicle weight	125881
rating of greater than ten thousand pounds, trailers,	125882
semi-trailers, or passenger buses that are registered through the	125883
international registration plan and are operated under authority	125884
of a carrier authorized and certificated by the United States	125885
department of transportation or another federal authority to	125886
engage in the carriage of persons or property in interstate	125887
commerce.	125888

(c) Aircraft that are operated by air carriers authorized and	125889
certificated by the United States department of transportation or	125890
another federal authority to engage in the carriage of persons or	125891
property in interstate or foreign commerce.	125892

(d) Containers designed for use on and component parts	125893
attached to or secured on the items set forth in division	125894
(H)(1)(a), (b), or (c) of this section.	125895

(2) A sale, lease, or rental of transportation equipment	125896
shall be sourced pursuant to division (C) of this section.	125897

(I)(1) A lease or rental of tangible personal property that	125898
does not require recurring periodic payments shall be sourced	125899
pursuant to division (C) of this section.	125900

(2) A lease or rental of tangible personal property that	125901
requires recurring periodic payments shall be sourced as follows:	125902

(a) In the case of a motor vehicle, other than a motor	125903
vehicle that is transportation equipment, or an aircraft, other	125904
than an aircraft that is transportation equipment, such lease or	125905
rental shall be sourced as follows:	125906

(i) An accelerated tax payment on a lease or rental taxed	125907
pursuant to division (A)(2) of section 5739.02 of the Revised Code	125908
shall be sourced to the primary property location at the time the	125909
lease or rental is consummated. Any subsequent taxable charges on	125910
the lease or rental shall be sourced to the primary property	125911
location for the period in which the charges are incurred.	125912

(ii) For a lease or rental taxed pursuant to division (A)(3)	125913
of section 5739.02 of the Revised Code, each lease or rental	125914
installment shall be sourced to the primary property location for	125915
the period covered by the installment.	125916

(b) In the case of a lease or rental of all other tangible	125917
personal property, other than transportation equipment, such lease	125918
or rental shall be sourced as follows:	125919

(i) An accelerated tax payment on a lease or rental that is	125920
taxed pursuant to division (A)(2) of section 5739.02 of the	125921
Revised Code shall be sourced pursuant to division (C) of this	125922
section at the time the lease or rental is consummated. Any	125923
subsequent taxable charges on the lease or rental shall be sourced	125924
to the primary property location for the period in which the	125925
charges are incurred.	125926

(ii) For a lease or rental that is taxed pursuant to division	125927
(A)(3) of section 5739.02 of the Revised Code, the initial lease	125928
or rental installment shall be sourced pursuant to division (C) of	125929
this section. Each subsequent installment shall be sourced to the	125930
primary property location for the period covered by the	125931
installment.	125932

(3) As used in division (I) of this section, "primary	125933
property location" means an address for tangible personal property	125934
provided by the lessee or renter that is available to the lessor	125935
or owner from its records maintained in the ordinary course of	125936
business, when use of that address does not constitute bad faith.	125937

(J) If the vendor provides a service specified in division	125938
(B)(11) of section 5739.01 of the Revised Code, the situs of the	125939
sale is the location of the enrollee for whom a medicaid health	125940
insurance corporation receives managed care premiums. Such sales	125941
shall be sourced to the locations of the enrollees in the same	125942
proportion as the managed care premiums received by the medicaid	125943
health insuring corporation on behalf of enrollees located in a	125944
particular taxing jurisdiction in Ohio as compared to all managed	125945
care premiums received by the medicaid health insuring	125946
corporation.	125947

Section 110.21. That the existing version of section 5739.033	125948
of the Revised Code that is scheduled to take effect January 1,	125949
2010, is hereby repealed.	125950

Section 110.22. Sections 110.20 and 110.21 of this act take	125951
effect January 1, 2010.	125952

Section 125.10. Sections 5112.40, 5112.41, 5112.42, 5112.43,	125953
5112.44, 5112.45, 5112.46, 5112.47, and 5112.48 of the Revised	125954
Code are hereby repealed, effective October 1, 2011.	125955

Section 201.01. Except as otherwise provided in this act,	125956
all appropriation items in this act are appropriated out of any	125957
moneys in the state treasury to the credit of the designated fund	125958
that are not otherwise appropriated. For all appropriations made	125959
in this act, the amounts in the first column are for fiscal year	125960
2010 and the amounts in the second column are for fiscal year	125961
2011.	125962

Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO

125963

General Services Fund Group	125964

4J80	889601	CPA Education Assistance	$	200,000	$	200,000	125965
4K90	889609	Operating Expenses	$	1,000,000	$	1,000,000	125966
TOTAL GSF General Services Fund							125967
Group			$	1,200,000	$	1,200,000	125968
TOTAL ALL BUDGET FUND GROUPS			$	1,200,000	$	1,200,000	125969

Section 205.10. ADJ ADJUTANT GENERAL

125971

General Revenue Fund	125972

GRF	745401	Ohio Military Reserve	$	13,675	$	13,675	125973
GRF	745404	Air National Guard	$	1,810,606	$	1,810,606	125974
GRF	745407	National Guard Benefits	$	400,000	$	400,000	125975
GRF	745409	Central Administration	$	2,849,096	$	2,849,096	125976
GRF	745499	Army National Guard	$	4,237,516	$	4,237,516	125977
TOTAL GRF General Revenue Fund			$	9,310,893	$	9,310,893	125978

General Services Fund Group	125979

5340	745612	Property Operations/Management	$	534,304	$	534,304	125980
5360	745605	Marksmanship Activities	$	128,600	$	128,600	125981
5360	745620	Camp Perry/Buckeye Inn Operations	$	1,502,970	$	1,502,970	125982
5370	745604	Ohio National Guard Facility Maintenance	$	269,826	$	269,826	125983
TOTAL GSF General Services Fund Group			$	2,435,700	$	2,435,700	125984

Federal Special Revenue Fund Group	125985

3410	745615	Air National Guard Base Security	$	2,777,692	$	2,777,692	125986
3420	745616	Army National Guard Agreement	$	10,970,050	$	10,970,050	125987
3E80	745628	Air National Guard Agreement	$	16,048,595	$	16,048,595	125988
3R80	745603	Counter Drug Operations	$	25,000	$	25,000	125989
TOTAL FED Federal Special Revenue Fund Group			$	29,821,337	$	29,821,337	125990

State Special Revenue Fund Group	125991

5U80	745613		Community Match Armories		$	250,000		$	250,000		125992
TOTAL SSR State Special Revenue Fund Group					$	250,000		$	250,000		125993

TOTAL ALL BUDGET FUND GROUPS

41,817,930

125994

NATIONAL GUARD BENEFITS

125995

The foregoing appropriation item 745407, National Guard	125996
Benefits, shall be used for purposes of sections 5919.31 and	125997
5919.33 of the Revised Code, and for administrative costs of the	125998
associated programs.	125999

For active duty members of the Ohio National Guard who died	126000
after October 7, 2001, while performing active duty, the death	126001
benefit, pursuant to section 5919.33 of the Revised Code, shall be	126002
paid to the beneficiary or beneficiaries designated on the	126003
member's Servicemembers' Group Life Insurance Policy.	126004

STATE ACTIVE DUTY COSTS

126005

Of the foregoing appropriation item 745409, Central	126006
Administration, $50,000 in each fiscal year shall be used for the	126007
purpose of paying expenses related to state active duty of members	126008
of the Ohio organized militia, in accordance with a proclamation	126009
of the Governor. Expenses include, but are not limited to, the	126010
cost of equipment, supplies, and services, as determined by the	126011
Adjutant General's Department.	126012

Section 205.20. FUND ABOLITION

126013

On July 1, 2009, or as soon as possible thereafter, the	126014
Director of Budget and Management, upon request by the Adjutant	126015
General, shall transfer the cash balance in the Marksmanship	126016
Activities Fund (Fund 5280) to the Camp Perry/Buckeye Inn	126017
Operations Fund (Fund 5360). The Director shall cancel any	126018
existing encumbrances against appropriation item 745645,	126019
Marksmanship Activities, and re-establish them against	126020
appropriation item 745620, Camp Perry/Buckeye Inn Operations. The	126021
re-established encumbrance amounts are hereby appropriated. Upon	126022
completion of the transfer, Fund 5280 is abolished.	126023

Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

126024

General Revenue Fund	126025

GRF	100415	OAKS Rental Payments	$	18,066,000	$	21,693,200	126026
GRF	100416	STARS Lease Rental Payments	$	4,977,600	$	4,982,500	126027
GRF	100418	Web Sites and Business Gateway	$	2,696,933	$	2,943,076	126028
GRF	100419	IT Security Infrastructure	$	861,250	$	1,111,250	126029
GRF	100423	EEO Project Tracking Software	$	0	$	100,000	126030
GRF	100433	State of Ohio Computer Center	$	5,385,268	$	4,289,127	126031
GRF	100439	Equal Opportunity Certification Programs	$	712,724	$	712,724	126032
GRF	100447	OBA - Building Rent Payments	$	102,635,400	$	97,712,600	126033
GRF	100448	OBA - Building Operating Payments	$	24,003,000	$	24,203,000	126034
GRF	100449	DAS - Building Operating Payments	$	2,971,384	$	3,271,384	126035
GRF	100451	Minority Affairs	$	50,016	$	50,016	126036
GRF	102321	Construction Compliance	$	1,108,744	$	1,108,744	126037
GRF	130321	State Agency Support Services	$	3,239,578	$	3,339,578	126038
TOTAL GRF General Revenue Fund			$	166,707,897	$	165,517,199	126039

General Services Fund Group	126040

1120	100616	DAS Administration	$	4,500,000	$	4,500,000	126041
1150	100632	Central Service Agency	$	756,642	$	756,642	126042
1170	100644	General Services Division - Operating	$	10,000,0000	$	10,000,000	126043
1220	100637	Fleet Management	$	1,500,000	$	1,500,000	126044
1250	100622	Human Resources Division - Operating	$	20,560,614	$	20,560,614	126045
1280	100620	Collective Bargaining	$	3,662,534	$	3,662,534	126046
1300	100606	Risk Management Reserve	$	5,568,548	$	5,568,548	126047
1310	100639	State Architect's Office	$	7,544,146	$	7,544,146	126048
1320	100631	DAS Building Management	$	8,637,670	$	8,637,670	126049
1330	100607	IT Services Delivery	$	58,750,678	$	58,750,678	126050
1880	100649	Equal Opportunity Division - Operating	$	884,650	$	884,650	126051
2100	100612	State Printing	$	12,000,000	$	12,000,000	126052
2290	100630	IT Governance	$	15,346,474	$	15,346,474	126053
2290	100640	Leveraged Enterprise Purchases	$	10,000,000	$	10,000,000	126054
4270	100602	Investment Recovery	$	5,592,697	$	5,592,697	126055
4N60	100617	Major IT Purchases	$	7,495,719	$	1,950,000	126056
4P30	100603	DAS Information Services	$	4,054,414	$	4,054,414	126057
5C20	100605	MARCS Administration	$	11,069,291	$	11,069,291	126058
5C30	100608	Skilled Trades	$	605,885	$	605,885	126059
5EB0	100635	OAKS Support Organization	$	15,984,761	$	18,009,192	126060
5L70	100610	Professional Development	$	3,900,000	$	3,900,000	126061
5V60	100619	Employee Educational Development	$	936,129	$	936,129	126062
5X30	100634	Centralized Gateway Enhancement	$	3,676,956	$	2,052,308	126063
TOTAL GSF General Services Fund							126064
Group			$	213,027,807	$	207,881,871	126065
TOTAL ALL BUDGET FUND GROUPS			$	379,735,704	$	373,399,070	126066

Section 207.10.20. OAKS RENTAL PAYMENTS

126068

The foregoing appropriation item 100415, OAKS Rental	126069
Payments, shall be used for payments for the period from July 1,	126070
2009, through June 30, 2011, pursuant to leases and agreements	126071
entered into under Chapter 125. of the Revised Code, as	126072
supplemented by Section 503.10 of Am. Sub. H.B. 496 and Section	126073
281.10 of Am. Sub. H.B. 562 of the 127th General Assembly with	126074
respect to financing the costs associated with the acquisition,	126075
development, installation, and implementation of the Ohio	126076
Administrative Knowledge System. If it is determined that	126077
additional appropriations are necessary for this purpose, the	126078
amounts are hereby appropriated.	126079

Section 207.10.30. STATE TAXATION ACCOUNTING AND REVENUE	126080
SYSTEM	126081

The Office of Information Technology, in conjunction with	126082
the Department of Taxation, may acquire the State Taxation	126083
Accounting and Revenue System (STARS) pursuant to Chapter 125. of	126084
the Revised Code, including, but not limited to, the application	126085
software and installation and implementation thereof, for the use	126086
of the Department of Taxation. STARS is an integrated tax	126087
collection and audit system that will replace all of the state's	126088
existing separate tax software and administration systems for the	126089
various taxes collected by the state. Any lease-purchase	126090
arrangement used under Chapter 125. of the Revised Code to acquire	126091
STARS, including any fractionalized interests therein as defined	126092
in division (N) of section 133.01 of the Revised Code, shall	126093
provide that at the end of the lease period, STARS becomes the	126094
property of the state.	126095

Section 207.10.40. STARS LEASE RENTAL PAYMENTS

126096

The foregoing appropriation item 100416, STARS Lease Rental	126097
Payments, shall be used for payments for the period from July 1,	126098
2009, through June 30, 2011, pursuant to leases and agreements	126099
entered into under Chapter 125. of the Revised Code, as	126100
supplemented by Section 757.10 of Am. Sub. H.B. 119 of the 127th	126101
General Assembly, with respect to financing the cost associated	126102
with the acquisition, development, installation, and	126103
implementation of the State Taxation Accounting and Revenue	126104
System (STARS). If it is determined that additional appropriations	126105
are necessary for this purpose, the amounts are appropriated.	126106

Section 207.10.50. BUILDING RENT PAYMENTS

126107

The foregoing appropriation item 100447, OBA - Building Rent	126108
Payments, shall be used to meet all payments at the times they are	126109
required to be made during the period from July 1, 2009, to June	126110
30, 2011, by the Department of Administrative Services to the Ohio	126111
Building Authority pursuant to leases and agreements under Chapter	126112
152. of the Revised Code. These appropriations are the source of	126113
funds pledged for bond service charges on obligations issued	126114
pursuant to Chapter 152. of the Revised Code.	126115

The foregoing appropriation item 100448, OBA - Building	126116
Operating Payments, shall be used to meet all payments at the	126117
times that they are required to be made during the period from	126118
July 1, 2009, to June 30, 2011, by the Department of	126119
Administrative Services to the Ohio Building Authority pursuant to	126120
leases and agreements under Chapter 152. of the Revised Code, but	126121
limited to the aggregate amount of $51,206,000.	126122

The payments to the Ohio Building Authority are for paying	126123
the expenses of agencies that occupy space in various state	126124
facilities. The Department of Administrative Services may enter	126125
into leases and agreements with the Ohio Building Authority	126126
providing for the payment of these expenses. The Ohio Building	126127
Authority shall report to the Department of Administrative	126128
Services and the Office of Budget and Management not later than	126129
five months after the start of each fiscal year the actual	126130
expenses incurred by the Ohio Building Authority in operating the	126131
facilities and any balances remaining from payments and rentals	126132
received in the prior fiscal year. The Department of	126133
Administrative Services shall reduce subsequent payments by the	126134
amount of the balance reported to it by the Ohio Building	126135
Authority.	126136

Section 207.10.60. DAS - BUILDING OPERATING PAYMENTS

126137

The foregoing appropriation item 100449, DAS - Building	126138
Operating Payments, shall be used to pay the rent expenses of	126139
veterans organizations pursuant to section 123.024 of the Revised	126140
Code in fiscal years 2010 and 2011.	126141

The foregoing appropriation item, 100449, DAS - Building	126142
Operating Payments, also may be used to provide funding for the	126143
cost of property appraisals or building studies that the	126144
Department of Administrative Services may be required to obtain	126145
for property that is being sold by the state or property under	126146
consideration to be renovated or purchased by the state.	126147

Notwithstanding section 125.28 of the Revised Code, the	126148
remaining portion of the appropriation may be used to pay the	126149
operating expenses of state facilities maintained by the	126150
Department of Administrative Services that are not billed to	126151
building tenants. These expenses may include, but are not limited	126152
to, the costs for vacant space and space undergoing renovation,	126153
and the rent expenses of tenants that are relocated because of	126154
building renovations. These payments shall be processed by the	126155
Department of Administrative Services through intrastate transfer	126156
vouchers and placed in the Building Management Fund (Fund 1320).	126157

Notwithstanding division (A)(1) of section 125.28 of the	126158
Revised Code, the Department of Administrative Services may use	126159
the Building Management Fund (Fund 1320) to support utility costs	126160
at the State of Ohio Computer Center that exceed the available	126161
appropriation in appropriation item 100433, State of Ohio Computer	126162
Center.	126163

Section 207.10.70. CENTRAL SERVICE AGENCY FUND

126164

The appropriation item 100632, Central Service Agency, shall	126165
be used to purchase the equipment, products, and services that are	126166
needed to maintain automated applications for the professional	126167
licensing boards and to support board licensing functions in	126168
fiscal years 2010 and 2011. The Department of Administrative	126169
Services shall establish charges for recovering the costs of	126170
carrying out these functions. The charges shall be billed to the	126171
professional licensing boards and deposited via intrastate	126172
transfer vouchers to the credit of the Central Service Agency Fund	126173
(Fund 1150). Total Department of Administrative Services charges	126174
for the maintenance and support of the licensing system shall not	126175
exceed $363,678 in each fiscal year of the biennium.	126176

Section 207.20.10. GENERAL SERVICE CHARGES

126177

The Department of Administrative Services, with the approval	126178
of the Director of Budget and Management, shall establish charges	126179
for recovering the costs of administering the programs funded by	126180
the General Services Fund (Fund 1170) and the State Printing Fund	126181
(Fund 2100). Such charges within Fund 1170 may be used to recover	126182
the cost of paying a vendor to establish reduced pricing for	126183
contracted supplies or services.	126184

If the Director of Administrative Services determines that	126185
additional amounts are necessary to pay for consulting and	126186
administrative costs related to securing lower pricing, the	126187
Director of Administrative Services may request that the Director	126188
of Budget and Management approve additional expenditures. Such	126189
approved additional amounts are appropriated to appropriation item	126190
100644, General Services Division-Operating.	126191

Section 207.20.20. COLLECTIVE BARGAINING ARBITRATION	126192
EXPENSES	126193

With approval of the Director of Budget and Management, the	126194
Department of Administrative Services may seek reimbursement from	126195
state agencies for the actual costs and expenses the Department	126196
incurs in the collective bargaining arbitration process. The	126197
reimbursements shall be processed through intrastate transfer	126198
vouchers and credited to the Collective Bargaining Fund (Fund	126199
1280).	126200

Section 207.20.30. BROADBAND OHIO

126201

Any unencumbered, unexpended amounts of the foregoing	126202
appropriation item 100607, IT Services Delivery, that were	126203
allocated for implementation of the NextGen Network in fiscal	126204
years 2008 and 2009, and are necessary for the continuation of the	126205
Connect Ohio contract in fiscal years 2010 and 2011, are hereby	126206
reappropriated for the same purpose in fiscal years 2010 and	126207
2011.	126208

Section 207.20.40. EQUAL OPPORTUNITY PROGRAM

126209

The Department of Administrative Services, with the approval	126210
of the Director of Budget and Management, shall establish charges	126211
for recovering the costs of administering the activities supported	126212
by the State EEO Fund (Fund 1880). These charges shall be	126213
deposited to the credit of the State EEO Fund (Fund 1880) upon	126214
payment made by state agencies, state-supported or state-assisted	126215
institutions of higher education, and tax-supported agencies,	126216
municipal corporations, and other political subdivisions of the	126217
state, for services rendered.	126218

Section 207.20.43. GRF TRANSFER TO STATE EQUAL EMPLOYMENT	126219
OPPORTUNITY FUND	126220

On July 1 of each fiscal year, or as soon as possible	126221
thereafter, the Director of Budget and Management shall transfer	126222
$500,000 cash from the General Revenue Fund to the State Equal	126223
Employment Opportunity Fund (Fund 1880) used by the Department of	126224
Administrative Services.	126225

Section 207.20.50. MERCHANDISE RESALE FUND ABOLISHMENT

126226

On July 1, 2009, or as soon as possible thereafter, the	126227
Director of Budget and Management shall transfer the cash balance,	126228
functions, assets, and liabilities of the Merchandise Resale Fund	126229
(Fund 2010) to the State Printing Fund (Fund 2100). The Director	126230
of Budget and Management shall cancel any existing encumbrances	126231
against appropriation item 100653, General Services Resale	126232
Merchandise, and re-establish them against appropriation item	126233
100612, State Printing. The re-established encumbrances are	126234
appropriated. Upon completion of the transfer, Fund 2010 is	126235
abolished.	126236

The State Printing Fund is thereupon and thereafter successor	126237
to, assumes the obligations of, and otherwise constitutes the	126238
continuation of the Merchandise Resale Fund. Any business	126239
commenced but not completed pertaining to the Merchandise for	126240
Resale Fund by July 1, 2009, shall be completed within the State	126241
Printing Fund in the same manner and with the same effect as if it	126242
were completed within the Merchandise for Resale Fund. All of the	126243
rules, orders, and determinations associated with the Merchandise	126244
for Resale Fund continue in effect as rules, orders, and	126245
determinations associated with the State Printing Fund until	126246
modified or rescinded by the Director of Administrative Services.	126247
If necessary to ensure the integrity of the Administrative Code,	126248
the Director of the Legislative Service Commission shall renumber	126249
the rules relating to the Merchandise for Resale Fund to reflect	126250
its transfer to the State Printing Fund.	126251

On and after July 1, 2009, when the Merchandise for Resale	126252
Fund is referred to in any statute, rule, contract, grant or other	126253
document, the reference is hereby deemed to refer to the State	126254
Printing Fund.	126255

Section 207.20.60. LEVERAGED ENTERPRISE PURCHASE PROGRAM	126256
FUNDING	126257

The foregoing appropriation item 100640, Leveraged Enterprise	126258
Purchases, may be used by the Director of Administrative Services	126259
to operate a Leveraged Enterprise Purchases Program to make	126260
enterprise-wide information technology purchases. The Director of	126261
Administrative Services may recover the cost of operating such a	126262
program from all participating government entities through	126263
intrastate transfer voucher billings for each applicable	126264
procurement, or the Director may use any pass-through billing	126265
method agreed to by the Director of Administrative Services, the	126266
Director of Budget and Management, and the participating	126267
government entities that will receive the applicable procurement.	126268
If the Director of Administrative Services chooses to recover the	126269
costs through intrastate transfer voucher billings, the	126270
participating government entities shall process the intrastate	126271
transfer vouchers to pay for the cost.	126272

Amounts received under this section for the Leveraged	126273
Enterprise Purchases Program shall be deposited to the credit of	126274
the IT Governance Fund (Fund 2290).	126275

Section 207.20.70. INFORMATION TECHNOLOGY ASSESSMENT

126276

The Director of Administrative Services, with the approval	126277
of the Director of Budget and Management, may establish an	126278
information technology assessment for the purpose of recovering	126279
the cost of selected infrastructure and statewide programs. The	126280
information technology assessment shall be charged to all	126281
organized bodies, offices, or agencies established by the laws of	126282
the state for the exercise of any function of state government	126283
except for the General Assembly, any legislative agency, the	126284
Supreme Court, the other courts of record in Ohio, or any	126285
judicial agency, the Adjutant General, the Bureau of Workers'	126286
Compensation, and institutions administered by a board of	126287
trustees. Any state-entity exempted by this section may use the	126288
infrastructure or statewide program by participating in the	126289
information technology assessment. All charges for the	126290
information technology assessment shall be deposited to the	126291
credit of the IT Governance Fund (Fund 2290).	126292

Section 207.20.80. INVESTMENT RECOVERY FUND

126293

Notwithstanding division (B) of section 125.14 of the Revised	126294
Code, cash balances in the Investment Recovery Fund (Fund 4270)	126295
may be used to support the operating expenses of the Federal	126296
Surplus Operating Program created in sections 125.84 to 125.90 of	126297
the Revised Code.	126298

Notwithstanding division (B) of section 125.14 of the Revised	126299
Code, cash balances in the Investment Recovery Fund may be used to	126300
support the operating expenses of the Asset Management Services	126301
Program, including, but not limited to, the cost of establishing	126302
and maintaining procedures for inventory records for state	126303
property as described in section 125.16 of the Revised Code.	126304

Of the foregoing appropriation item 100602, Investment	126305
Recovery, up to $2,093,564 in fiscal year 2010 and up to	126306
$2,107,388 in fiscal year 2011 shall be used to pay the operating	126307
expenses of the State Surplus Property Program, the Surplus	126308
Federal Property Program, and the Asset Management Services	126309
Program under Chapter 125. of the Revised Code and this section.	126310
If additional appropriations are necessary for the operations of	126311
these programs, the Director of Administrative Services shall seek	126312
increased appropriations from the Controlling Board under section	126313
131.35 of the Revised Code.	126314

Of the foregoing appropriation item 100602, Investment	126315
Recovery, $3,590,000 in fiscal year 2010 and $3,576,176 in fiscal	126316
year 2011 shall be used to transfer proceeds from the sale of	126317
surplus property from the Investment Recovery Fund to non-General	126318
Revenue Funds under division (A)(2) of section 125.14 of the	126319
Revised Code. If it is determined by the Director of	126320
Administrative Services that additional amounts are necessary for	126321
the transfer of such sale proceeds, the Director of Administrative	126322
Services may request the Director of Budget and Management to	126323
authorize additional amounts. Such authorized additional amounts	126324
are hereby appropriated.	126325

Section 207.20.90. DAS INFORMATION SERVICES

126326

There is hereby established in the State Treasury the DAS	126327
Information Services Fund. The foregoing appropriation item	126328
100603, DAS Information Services, shall be used to pay the costs	126329
of providing information systems and services in the Department of	126330
Administrative Services. Any state agency, board, or commission	126331
may use DAS Information Services by paying for the services	126332
rendered.	126333

The Department of Administrative Services shall establish	126334
user charges for all information systems and services that are	126335
allowable in the statewide indirect cost allocation plan submitted	126336
annually to the United States Department of Health and Human	126337
Services. These charges shall comply with federal regulations and	126338
shall be deposited to the credit of the DAS Information Services	126339
Fund (Fund 4P30).	126340

Section 207.30.30. CASH TRANSFER TO OAKS SUPPORT	126341
ORGANIZATION FUND	126342

The Director of Budget and Management may transfer	126343
$1,317,922.16 in cash from the IT Services Delivery Fund (Fund	126344
1330) to the OAKS Support Organization Fund (5EB0) to correct an	126345
intrastate transfer voucher from the Department of Administrative	126346
Services that was deposited in the IT Services Delivery Fund.	126347

Section 207.30.40. PROFESSIONAL DEVELOPMENT FUND

126348

The foregoing appropriation item 100610, Professional	126349
Development, shall be used to make payments from the Professional	126350
Development Fund (Fund 5L70) under section 124.182 of the Revised	126351
Code.	126352

Section 207.30.50. EMPLOYEE EDUCATIONAL DEVELOPMENT

126353

The foregoing appropriation item 100619, Employee	126354
Educational Development, shall be used to make payments from the	126355
Employee Educational Development Fund (Fund 5V60) under section	126356
124.86 of the Revised Code. The fund shall be used to pay the	126357
costs of administering educational programs under existing	126358
collective bargaining agreements with District 1199, the Health	126359
Care and Social Service Union; State Council of Professional	126360
Educators; Ohio Education Association and National Education	126361
Association; the Fraternal Order of Police Ohio Labor Council,	126362
Unit 2; and the Ohio State Troopers Association, Units 1 and 15.	126363

If it is determined by the Director of Administrative	126364
Services that additional amounts are necessary, the Director of	126365
Administrative Services may request that the Director of Budget	126366
and Management approve additional amounts. Such approved	126367
additional amounts are hereby appropriated.	126368

Section 207.30.60. CENTRALIZED GATEWAY ENHANCEMENT FUND

126369

(A) As used in this section, "Ohio Business Gateway" refers	126370
to the internet-based system operated by the Department of	126371
Administrative Services with the advice of the Ohio Business	126372
Gateway Steering Committee established under section 5703.57 of	126373
the Revised Code. The Ohio Business Gateway is established to	126374
provide businesses a central web site where various filings and	126375
payments are submitted on-line to government. The information is	126376
then distributed to the various government entities that	126377
interact with the business community.	126378

(B) As used in this section:

126379

(1) "State Portal" refers to the official web site of the	126380
state, operated by the Department of Administrative Services.	126381

(2) "Shared Hosting Environment" refers to the computerized	126382
system operated by the Department of Administrative Services for	126383
the purpose of providing capability for state agencies to host	126384
web sites.	126385

(C) There is hereby created in the state treasury the	126386
Centralized Gateway Enhancement Fund (Fund 5X30). The foregoing	126387
appropriation item 100634, Centralized Gateway Enhancement, shall	126388
be used by the Department of Administrative Services to pay the	126389
costs of enhancing, expanding, and operating the infrastructure	126390
of the Ohio Business Gateway, State Portal, and Shared Hosting	126391
Environment. The Director of Administrative Services shall submit	126392
spending plans to the Director of Budget and Management to	126393
justify operating transfers to the fund from the General	126394
Revenue Fund. Upon approval, the Director of Budget and	126395
Management shall transfer approved amounts to the fund, not to	126396
exceed the amount of the annual appropriation in each fiscal	126397
year. The spending plans may be based on the recommendations of	126398
the Ohio Business Gateway Steering Committee or its successor.	126399

Section 207.30.70. MAJOR IT PURCHASES AND CONTRACTS

126400

The Director of Administrative Services shall compute the	126401
amount of revenue attributable to the amortization of all	126402
equipment purchases and capitalized systems from appropriation	126403
item 100607, IT Services Delivery; appropriation item 100617,	126404
Major IT Purchases; and appropriation item C10014, Major Computer	126405
Purchases, which is recovered by the Department of Administrative	126406
Services as part of the rates charged by the IT Service Delivery	126407
Fund (Fund 1330) created in section 125.15 of the Revised Code.	126408
The Director of Budget and Management may transfer cash in an	126409
amount not to exceed the amount of amortization computed from	126410
the IT Service Delivery Fund (Fund 1330) to the Major IT	126411
Purchases Fund (Fund 4N60).	126412

Section 207.30.80. CASH TRANSFERS FROM THE MAJOR IT PURCHASES	126413
FUND	126414

Upon request of the Director of Administrative Services, the	126415
Director of Budget and Management may make the following transfers	126416
from the Major IT Purchases Fund (Fund 4N60):	126417

(1) Up to $2,800,000 in each fiscal year of the biennium to	126418
the State Architect's Fund (Fund 1310) to support the OAKS Capital	126419
Improvements Module and other costs of the State Architect's	126420
Office that are not directly related to capital projects managed	126421
by the State Architect;	126422

(2) Up to $457,467 in fiscal year 2010 and up to $471,630 in	126423
fiscal year 2011 to the Director's Office Fund (Fund 1120) to	126424
support operating expenses of the Accountability and Results	126425
Initiative;	126426

(3) Up to $4,000,000 in fiscal year 2010 and up to $1,000,000	126427
in fiscal year 2011 to the OAKS Support Organization Fund (Fund	126428
5EB0) to support OAKS operating costs not billed to the Office of	126429
Budget and Management's Accounting and Budgeting Fund (Fund 1050),	126430
to the Department of Administrative Services' Human Resources	126431
Services Fund (Fund 1250), or paid from other funds of the	126432
Department of Administrative Services; and	126433

(4) Up to $639,945 in each fiscal year of the biennium to the	126434
General Revenue Fund.	126435

Upon approval of the Director of Budget and Management, the	126436
transferred amounts to non-GRF funds are appropriated in the	126437
designated fiscal years to the following appropriation items:	126438
100639, State Architect's Office (Fund 1310) in each fiscal year	126439
2010 and fiscal year 2011; 100616, DAS Administration (Fund	126440
1120) in both fiscal year 2010 and fiscal year 2011; and 100635,	126441
OAKS Support Organization (Fund 5EB0) in fiscal year 2010 only.	126442

Section 207.30.90. CORRECTIVE CASH TRANSFER TO INFORMATION	126443
TECHNOLOGY FUND	126444

On July 1, 2009, or as soon as possible thereafter, the	126445
Director of Budget and Management shall transfer $7,768.37 in cash	126446
from the Unemployment Compensation Fund (Fund 1130) to the	126447
Information Technology Fund (Fund 1330). This transfer corrects a	126448
deposit of revenue that was made to Fund 1130. Upon completion of	126449
the transfer, Fund 1130 is abolished.	126450

Section 207.40.10. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	126451
DEBT SERVICE PAYMENTS	126452

The Director of Administrative Services, in consultation with	126453
the Multi-Agency Radio Communication System (MARCS) Steering	126454
Committee and the Director of Budget and Management, shall	126455
determine the share of debt service payments attributable to	126456
spending for MARCS components that are not specific to any one	126457
agency and that shall be charged to agencies supported by the	126458
motor fuel tax. Such share of debt service payments shall be	126459
calculated for MARCS capital disbursements made beginning July 1,	126460
1997. Within thirty days of any payment made from appropriation	126461
item 100447, OBA - Building Rent Payments, the Director of	126462
Administrative Services shall certify to the Director of Budget	126463
and Management the amount of this share. The Director of Budget	126464
and Management shall transfer such amounts to the General Revenue	126465
Fund from the State Highway Safety Fund (Fund 7036) established in	126466
section 4501.06 of the Revised Code.	126467

The Director of Administrative Services shall consider	126468
renting or leasing existing tower sites at reasonable or current	126469
market rates, so long as these existing sites are equipped with	126470
the technical capabilities to support the MARCS project.	126471

Section 207.40.30. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

126472

Whenever the Director of Administrative Services declares a	126473
"public exigency," as provided in division (C) of section 123.15	126474
of the Revised Code, the Director shall also notify the members of	126475
the Controlling Board.	126476

Section 209.10. AGE DEPARTMENT OF AGING

126477

General Revenue Fund	126478

GRF	490321	Operating Expenses	$	1,709,817	$	1,709,817	126479
GRF	490409	AmeriCorps Operations	$	147,034	$	147,034	126480
GRF	490410	Long-Term Care Ombudsman	$	535,857	$	535,857	126481
GRF	490411	Senior Community Services	$	5,934,134	$	5,934,134	126482
GRF	490412	Residential State Supplement	$	5,225,417	$	5,225,417	126483
GRF	490414	Alzheimer's Respite	$	4,131,595	$	4,131,595	126484
GRF	490423	Long Term Care Budget - State	$	97,916,967	$	134,317,603	126485
GRF	490506	National Senior Service Corps	$	268,237	$	268,237	126486
TOTAL GRF General Revenue Fund			$	115,869,058	$	152,269,694	126487

General Services Fund Group	126488

4800	490606	Senior Community Outreach and Education	$	372,677	$	372,677	126489
TOTAL GSF General Services Fund							126490
Group			$	372,677	$	372,677	126491

Federal Special Revenue Fund Group	126492

3220	490618	Federal Aging Grants	$	10,200,000	$	10,200,000	126493
3C40	490623	Long Term Care Budget	$	350,162,957	$	340,193,418	126494
3M40	490612	Federal Independence Services	$	63,655,080	$	63,655,080	126495
3R70	490617	AmeriCorps Programs	$	8,870,000	$	8,870,000	126496
TOTAL FED Federal Special Revenue							126497
Fund Group			$	432,888,037	$	422,918,498	126498

State Special Revenue Fund Group	126499

4C40	490609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	126500
4J40	490610	PASSPORT/Residential State Supplement	$	33,263,984	$	33,263,984	126501
4U90	490602	PASSPORT Fund	$	4,424,969	$	4,424,969	126502
5AA0	490673	Ohio's Best Rx Administration	$	202,712	$	0	126503
5BA0	490620	Ombudsman Support	$	600,000	$	600,000	126504
5K90	490613	Long Term Care Consumers Guide	$	820,400	$	820,400	126505
5W10	490616	Resident Services Coordinator Program	$	330,000	$	330,000	126506
6240	490604	OCSC Community Support	$	470,000	$	470,000	126507
TOTAL SSR State Special Revenue							126508
Fund Group			$	41,047,065	$	40,844,353	126509
TOTAL ALL BUDGET FUND GROUPS			$	590,176,837	$	616,405,222	126510

Section 209.20. LONG-TERM CARE

126512

Pursuant to an interagency agreement, the Department of Job	126513
and Family Services shall designate the Department of Aging to	126514
perform assessments under section 5111.204 of the Revised Code.	126515
The Department of Aging shall provide long-term care consultations	126516
under section 173.42 of the Revised Code to assist individuals in	126517
planning for their long-term health care needs. The foregoing	126518
appropriation items 490423, Long Term Care Budget – State, and	126519
490623, Long Term Care Budget, may be used to provide the	126520
preadmission screening and resident review (PASRR), which includes	126521
screening, assessments, and determinations made under sections	126522
5111.02, 5111.204, 5119.061, and 5123.021 of the Revised Code.	126523

The foregoing appropriation items 490423, Long Term Care	126524
Budget - State, and 490623, Long Term Care Budget, may be used to	126525
assess and provide long-term care consultations to clients	126526
regardless of Medicaid eligibility.	126527

The Director of Aging shall adopt rules under section 111.15	126528
of the Revised Code governing the nonwaiver funded PASSPORT	126529
program, including client eligibility. The foregoing appropriation	126530
item 490423, Long Term Care Budget - State, may be used by the	126531
Department of Aging to provide nonwaiver funded PASSPORT services	126532
to persons the Department has determined to be eligible to	126533
participate in the nonwaiver funded PASSPORT Program, including	126534
those persons not yet determined to be financially eligible to	126535
participate in the Medicaid waiver component of the PASSPORT	126536
Program by a county department of job and family services.	126537

The Department of Aging shall administer the Medicaid	126538
waiver-funded PASSPORT Home Care Program, the Choices Program, the	126539
Assisted Living Program, and the PACE Program as delegated by the	126540
Department of Job and Family Services in an interagency agreement.	126541
The foregoing appropriation item 490423, Long Term Care Budget -	126542
State, shall be used to provide the required state match for	126543
federal Medicaid funds supporting the Medicaid Waiver-funded	126544
PASSPORT Home Care Program, the Choices Program, the Assisted	126545
Living Program, and the PACE Program. The foregoing appropriation	126546
items 490423, Long Term Care Budget - State, and 490623, Long Term	126547
Care Budget, may also be used to support the Department of Aging's	126548
administrative costs associated with operating the PASSPORT,	126549
Choices, Assisted Living, and PACE programs.	126550

The foregoing appropriation item 490623, Long Term Care	126551
Budget, shall be used to provide the federal matching share for	126552
all program costs determined by the Department of Job and Family	126553
Services to be eligible for Medicaid reimbursement.	126554

HOME FIRST PROGRAM

126555

(A) As used in this section, "Long Term Care Budget Services"	126556
includes the following existing programs: PASSPORT, Assisted	126557
Living, Residential State Supplement, and PACE.	126558

(B) On a quarterly basis, on receipt of the certified	126559
expenditures related to sections 173.401, 173.351, and 5111.894 of	126560
the Revised Code, the Director of Budget and Management may do	126561
all of the following for fiscal years 2010 and 2011:	126562

(1) Transfer cash from the Nursing Facility Stabilization	126563
Fund (Fund 5R20), used by the Department of Job and Family	126564
Services, to the PASSPORT/Residential State Supplement Fund (Fund	126565
4J40), used by the Department of Aging.	126566

The transferred cash is hereby appropriated to appropriation	126567
item 490610, PASSPORT/Residential State Supplement.	126568

(2) If receipts credited to the PASSPORT Fund (Fund 3C40)	126569
exceed the amounts appropriated from the fund, the Director of	126570
Aging may request the Director of Budget and Management to	126571
authorize expenditures from the fund in excess of the amounts	126572
appropriated. Upon the approval of the Director of Budget and	126573
Management, the additional amounts are hereby appropriated.	126574

(3) If receipts credited to the Interagency Reimbursement	126575
Fund (Fund 3G50) exceed the amounts appropriated from the fund,	126576
the Director of Job and Family Services may request the Director	126577
of Budget and Management to authorize expenditures from the fund	126578
in excess of the amounts appropriated. Upon the approval of the	126579
Director of Budget and Management, the additional amounts are	126580
hereby appropriated.	126581

(C) The individuals placed in Long Term Care Budget Services	126582
pursuant to this section shall be in addition to the individuals	126583
placed in Long Term Care Budget Services during fiscal years 2010	126584
and 2011 before any transfers to appropriation item 490423, Long	126585
Term Care Budget-State, are made under this section.	126586

ALLOCATION OF PACE SLOTS

126587

In order to effectively administer and manage growth within	126588
the PACE Program, the Director of Aging may, as the director deems	126589
appropriate and to the extent funding is available, expand the	126590
PACE Program to regions of Ohio beyond those currently served by	126591
the PACE Program. In implementing the expansion, the Director may	126592
not decrease the number of residents of Cuyahoga and Hamilton	126593
counties and parts of Butler, Clermont, and Warren counties who	126594
are participating in the PACE Program below the number of	126595
residents of those counties and parts of counties who were	126596
enrolled in the PACE Program on July 1, 2008.	126597

Section 209.30. OHIO COMMUNITY SERVICE COUNCIL

126598

The foregoing appropriation items 490409, AmeriCorps	126599
Operations, and 490617, AmeriCorps Programs, shall be used in	126600
accordance with section 121.40 of the Revised Code.	126601

LONG-TERM CARE OMBUDSMAN

126602

The foregoing appropriation item 490410, Long-Term Care	126603
Ombudsman, shall be used for a program to fund ombudsman program	126604
activities as authorized in sections 173.14 to 173.27 and section	126605
173.99 of the Revised Code.	126606

SENIOR COMMUNITY SERVICES

126607

The foregoing appropriation item 490411, Senior Community	126608
Services, shall be used for services designated by the Department	126609
of Aging, including, but not limited to, home-delivered and	126610
congregate meals, transportation services, personal care	126611
services, respite services, adult day services, home repair, care	126612
coordination, and decision support systems. Service priority	126613
shall be given to low income, frail, and cognitively impaired	126614
persons 60 years of age and over. The department shall promote	126615
cost sharing by service recipients for those services funded with	126616
senior community services funds, including, when possible,	126617
sliding-fee scale payment systems based on the income of service	126618
recipients.	126619

RESIDENTIAL STATE SUPPLEMENT

126620

Under the Residential State Supplement Program, the amount	126621
used to determine whether a resident is eligible for payment and	126622
for determining the amount per month the eligible resident will	126623
receive shall be as follows:	126624

(A) $927 for a residential care facility, as defined in	126625
section 3721.01 of the Revised Code;	126626

(B) $927 for an adult group home, as defined in Chapter 3722.	126627
of the Revised Code;	126628

(C) $824 for an adult foster home, as defined in Chapter 173.	126629
of the Revised Code;	126630

(D) $824 for an adult family home, as defined in Chapter	126631
3722. of the Revised Code;	126632

(E) $824 for an adult residential facility, as defined in	126633
Chapter 5119. of the Revised Code;	126634

(F) $618 for adult community mental health housing services,	126635
as defined in division (B)(5) of section 173.35 of the Revised	126636
Code.	126637

The Departments of Aging and Job and Family Services shall	126638
reflect these amounts in any applicable rules the departments	126639
adopt under section 173.35 of the Revised Code.	126640

TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS

126641

The foregoing appropriation items 490412, Residential State	126642
Supplement, and 490610, PASSPORT/Residential State Supplement, may	126643
be used by the Director of Aging to transfer cash to the Home and	126644
Community Based Services for the Aged Fund (Fund 4J50), which is	126645
used by the Department of Job and Family Services and the	126646
Residential State Supplement Fund (Fund 5CH0), used by the	126647
Department of Mental Health for training for adult care facilities	126648
serving residents with mental illness. The transferred cash	126649
shall be used to make benefit payments to residential state	126650
supplement recipients. The transfer shall be made using an	126651
intrastate transfer voucher.	126652

RESIDENTIAL STATE SUPPLEMENT WORKGROUP

126653

(A) There is hereby created the Residential State Supplement	126654
Workgroup consisting of all of the following:	126655

(1) The Director of Aging or the Director's designee;

126656

(2) The Director of Health or the Director's designee;

126657

(3) The Director of Job and Family Services or the Director's	126658
designee;	126659

(4) The Director of Mental Health or the Director's designee.

126660

(B) The Director of Aging or the Director's designee shall	126661
serve as the chairperson of the Workgroup. Members of the	126662
Workgroup shall serve without compensation, except to the extent	126663
that serving on the Workgroup is considered part of their regular	126664
employment duties.	126665

(C) The Workgroup shall examine solely the issue of which	126666
state agency is the most appropriate to administer the Residential	126667
State Supplement Program. Not later than December 31, 2009, the	126668
Workgroup shall submit written recommendations on this issue to	126669
the Governor and, in accordance with section 101.68 of the Revised	126670
Code, to the General Assembly. The Workgroup shall cease to exist	126671
on submission of its recommendations.	126672

ALZHEIMER'S RESPITE

126673

The foregoing appropriation item 490414, Alzheimer's Respite,	126674
shall be used to fund only Alzheimer's disease services under	126675
section 173.04 of the Revised Code.	126676

EDUCATION AND TRAINING

126677

The foregoing appropriation item 490606, Senior Community	126678
Outreach and Education, may be used to provide training to workers	126679
in the field of aging pursuant to division (G) of section 173.02	126680
of the Revised Code.	126681

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

126682

The foregoing appropriation item 490609, Regional Long-Term	126683
Care Ombudsman, shall be used to pay the costs of operating the	126684
regional long-term care ombudsman programs designated by the	126685
Long-Term Care Ombudsman.	126686

PASSPORT/RESIDENTIAL STATE SUPPLEMENT

126687

The foregoing appropriation item 490610, PASSPORT/Residential	126688
State Supplement, may be used to fund the Residential State	126689
Supplement Program. The remaining available funds shall be used to	126690
fund the PASSPORT program.	126691

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	126692
AND FEDERAL AGING GRANTS	126693

At the request of the Director of Aging, the Director of	126694
Budget and Management may transfer appropriation between	126695
appropriation items 490612, Federal Independence Services, and	126696
490618, Federal Aging Grants. The amounts transferred shall not	126697
exceed 30 per cent of the appropriation from which the transfer	126698
is made. Any transfers shall be reported by the Department of	126699
Aging to the Controlling Board at the next scheduled meeting of	126700
the board.	126701

TRANSFER OF RESIDENT PROTECTION FUNDS

126702

In each fiscal year, the Director of Budget and Management	126703
may transfer $600,000 cash from the Resident Protection Fund	126704
(Fund 4E30), which is used by the Department of Job and Family	126705
Services, to the Ombudsman Support Fund (Fund 5BA0), which is	126706
used by the Department of Aging.	126707

Section 209.40. UNIFIED LONG-TERM CARE BUDGET WORKGROUP

126708

(A) There is hereby created the Unified Long-Term Care Budget	126709
Workgroup. The Workgroup shall consist of the following members:	126710

(1) The Director of Aging;

126711

(2) Consumer advocates, representatives of the provider	126712
community, representatives of managed care organizations with	126713
which the Department of Job and Family Services contracts under	126714
section 5111.17 of the Revised Code, and state policy makers,	126715
appointed by the Governor;	126716

(3) Two members of the House of Representatives, one member	126717
from the majority party and one member from the minority party,	126718
appointed by the Speaker of the House of Representatives;	126719

(4) Two members of the Senate, one member from the majority	126720
party and one member from the minority party, appointed by the	126721
President of the Senate.	126722

The Director of Aging shall serve as the chairperson of the	126723
Workgroup.	126724

The Workgroup shall be staffed by the departments of Aging	126725
and Job and Family Services.	126726

(B) The Workgroup shall develop a unified long-term care	126727
budget that facilitates the following:	126728

(1) Providing a consumer a choice of services that meet the	126729
consumer's health care needs and improve the consumer's quality of	126730
life;	126731

(2) Providing a continuum of services that meet the needs of	126732
a consumer throughout life and promote a consumer's independence	126733
and autonomy;	126734

(3) Consolidating policymaking authority and the associated	126735
budgets in a single entity to simplify the consumer's decision	126736
making and maximize the state's flexibility in meeting the	126737
consumer's needs;	126738

(4) Assuring the state has a system that is cost effective	126739
and links disparate services across agencies and jurisdictions.	126740

(C) On an annual basis, the Directors of Aging, Job and	126741
Family Services, and Budget and Management shall submit a written	126742
report to the Speaker of the House of Representatives, the	126743
Minority Leader of the House of Representatives, the President of	126744
the Senate, the Minority Leader of the Senate, and the members of	126745
the Joint Legislative Committee on Medicaid Technology and Reform	126746
describing the progress towards establishing, or if already	126747
established, the effectiveness of the unified long-term care	126748
budget.	126749

(D) In support of the Workgroup's proposal, the Director of	126750
Budget and Management may seek Controlling Board approval to	126751
transfer cash from the Nursing Facility Stabilization Fund (Fund	126752
5R20), used by the Department of Job and Family Services, to the	126753
PASSPORT/Residential State Supplement Fund (Fund 4J40), used by	126754
the Department of Aging.	126755

Any transfers of cash approved by the Controlling Board under	126756
this section are hereby appropriated to appropriation item 490610,	126757
PASSPORT/Residential State Supplement.	126758

Section 209.50. OHIO'S BEST RX PROGRAM

126759

On and after the effective date of this section, the Director	126760
of Aging may take any actions necessary to conclude the operation	126761
of the Ohio's Best Rx Program and settle all accounts with drug	126762
manufacturers and terminal distributors of dangerous drugs that	126763
had program agreements in effect on the day before the effective	126764
date of this section. As appropriate, the Director's actions shall	126765
be taken in accordance with the provisions of former sections	126766
173.71 to 173.91 of the Revised Code, as those sections existed on	126767
the day before the effective date of this section. The Director	126768
shall make every effort to conclude the program by the thirtieth	126769
day after the effective date of this section, but any program	126770
accounts with drug manufacturers and terminal distributors that	126771
remain open after that date may be settled until October 1, 2009.	126772

OHIO'S BEST RX ADMINISTRATION

126773

On the thirty-first day after the effective date of this	126774
section, or as soon as possible thereafter, the Director of	126775
Budget and Management shall transfer the cash balance in the	126776
Ohio's Best Rx Administration Fund (Fund 5AA0) to the General	126777
Revenue Fund. Fund 5AA0 shall remain open after the transfer to	126778
allow program accounts to be settled with drug manufacturers and	126779
terminal distributors pursuant to this section. On October 1,	126780
2009, or as soon as possible thereafter, the Director of Budget	126781
and Management shall complete the final transfer of any cash	126782
balance in Fund 5AA0 to the General Revenue Fund. Upon completion	126783
of the transfer, Fund 5AA0 is abolished. The Director shall	126784
cancel any existing encumbrances against appropriation item	126785
490673, Ohio's Best Rx Administration.	126786

Section 211.10. AGR DEPARTMENT OF AGRICULTURE

126787

General Revenue Fund	126788

GRF	700401	Animal Disease Control	$	3,730,436	$	3,713,876	126789
GRF	700403	Dairy Division	$	1,173,700	$	1,163,700	126790
GRF	700404	Ohio Proud	$	196,895	$	196,895	126791
GRF	700406	Consumer Analytical Lab	$	1,321,771	$	1,289,982	126792
GRF	700407	Food Safety	$	875,043	$	875,043	126793
GRF	700409	Farmland Preservation	$	200,000	$	200,000	126794
GRF	700411	International Trade and Market Development	$	529,548	$	507,005	126795
GRF	700412	Weights and Measures	$	200,000	$	200,000	126796
GRF	700415	Poultry Inspection	$	400,401	$	400,401	126797
GRF	700418	Livestock Regulation Program	$	1,322,784	$	1,343,676	126798
GRF	700424	Livestock Testing and Inspections	$	120,906	$	120,906	126799
GRF	700499	Meat Inspection Program - State Share	$	4,920,926	$	4,960,926	126800
GRF	700501	County Agricultural Societies	$	414,903	$	434,903	126801
TOTAL GRF General Revenue Fund			$	15,407,313	$	15,407,313	126802

General Services Fund Group	126803

5DA0	700644	Laboratory Administration Support	$	1,100,000	$	1,100,000	126804
5GH0	700655	Central Support Indirect Cost	$	5,713,404	$	5,713,404	126805
TOTAL GSF General Services Fund Group			$	6,813,404	$	6,813,404	126806

Federal Special Revenue Fund Group	126807

3260	700618	Meat Inspection Program - Federal Share	$	4,950,000	$	4,950,000	126808
3360	700617	Ohio Farm Loan Revolving Fund	$	1,000,000	$	1,000,000	126809
3820	700601	Cooperative Contracts	$	2,000,000	$	2,000,000	126810
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	126811
3J40	700607	Indirect Cost	$	600,000	$	600,000	126812
3R20	700614	Federal Plant Industry	$	1,000,000	$	1,000,000	126813
TOTAL FED Federal Special Revenue							126814
Fund Group			$	10,550,000	$	10,550,000	126815

State Special Revenue Fund Group	126816

4900	700651	License Plates - Sustainable Agriculture	$	20,000	$	20,000	126817
4940	700612	Agricultural Commodity Marketing Program	$	250,000	$	250,000	126818
4960	700626	Ohio Grape Industries	$	849,999	$	849,999	126819
4970	700627	Commodity Handlers Regulatory Program	$	496,000	$	496,000	126820
4C90	700605	Commercial Feed and Seed	$	2,200,000	$	2,200,000	126821
4D20	700609	Auction Education	$	41,000	$	41,000	126822
4E40	700606	Utility Radiological Safety	$	134,631	$	134,631	126823
4P70	700610	Food Safety Inspection	$	1,099,396	$	1,099,396	126824
4R00	700636	Ohio Proud Marketing	$	10,500	$	10,500	126825
4R20	700637	Dairy Industry Inspection	$	1,800,000	$	1,800,000	126826
4T60	700611	Poultry and Meat Inspection	$	140,469	$	140,469	126827
4T70	700613	Ohio Proud International and Domestic Market Development	$	15,000	$	15,000	126828
5780	700620	Ride Inspection Fees	$	1,000,001	$	1,000,001	126829
5B80	700629	Auctioneers	$	365,390	$	365,390	126830
5CP0	700652	License Plate Scholarships	$	20,000	$	20,000	126831
5FC0	700648	Plant Pest Program	$	1,000,000	$	1,000,000	126832
5H20	700608	Metrology Lab and Scale Certification	$	1,454,006	$	1,454,006	126833
5L80	700604	Livestock Management Program	$	256,286	$	256,286	126834
6520	700634	Animal and Consumer Analytical Laboratory	$	4,400,000	$	4,400,000	126835
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,470,000	$	3,470,000	126836
TOTAL SSR State Special Revenue							126837
Fund Group			$	19,022,678	$	19,022,678	126838

Clean Ohio Conservation Fund Group	126839

7057	700632		Clean Ohio Agricultural Easement		$	149,000		$	149,000		126840
TOTAL CLF Clean Ohio Conservation Fund Group					$	149,000		$	149,000		126841

TOTAL ALL BUDGET FUND GROUPS

51,942,395

126842

COUNTY AGRICULTURAL SOCIETIES

126843

The foregoing appropriation item 700501, County Agricultural	126844
Societies, shall be used to reimburse county and independent	126845
agricultural societies for expenses related to Junior Fair	126846
activities.	126847

COMMERCIAL FEED AND SEED FUND TRANSFER

126848

On July 1, 2009, or as soon as possible thereafter, the	126849
Director of Budget and Management shall transfer thirty-two per	126850
cent of the cash balance in the Commercial Feed and Seed Fund	126851
(Fund 4C90) as of June 30, 2009, to the Pesticide, Fertilizer, and	126852
Lime Inspection Program Fund (Fund 6690). The Director shall	126853
cancel existing encumbrances against appropriation item 700605,	126854
Commercial Feed and Seed, and re-establish them against	126855
appropriation item 700635, Pesticide, Fertilizer, and Lime	126856
Inspection Program. The re-established encumbrance amounts are	126857
hereby appropriated.	126858

PESTICIDE, FERTILIZER, AND LIME INSPECTION FUND TRANSFER

126859

On July, 1, 2009, or as soon as possible thereafter, the	126860
Director of Budget and Management shall transfer $600,000 in cash	126861
from the Pesticide, Fertilizer, and Lime Inspection Fund (Fund	126862
6690) to the Plant Pest Program Fund (Fund 5FC0).	126863

CLEAN OHIO AGRICULTURAL EASEMENT

126864

The foregoing appropriation item 700632, Clean Ohio	126865
Agricultural Easement, shall be used by the Department of	126866
Agriculture in administering sections 901.21, 901.22, and 5301.67	126867
to 5301.70 of the Revised Code.	126868

Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY

126869

General Revenue Fund	126870

GRF	898402	Coal Development Office	$	296,902	$	296,902	126871
GRF	898901	Coal Research and Development General Obligation Debt Service	$	8,976,000	$	9,381,200	126872
TOTAL GRF General Revenue Fund			$	9,272,902	$	9,678,102	126873

General Services Fund Group	126874

5EG0	898608		Energy Strategy Development		$	307,000		$	307,000		126875
TOTAL GSF General Services Fund					$	307,000		$	307,000		126876

Agency Fund Group	126877

4Z90	898602	Small Business Ombudsman	$	294,290	$	294,290	126878
5700	898601	Operating Expenses	$	264,000	$	264,000	126879
5A00	898603	Small Business Assistance	$	71,087	$	71,087	126880
TOTAL AGY Agency Fund Group			$	629,377	$	629,377	126881

Coal Research/Development Fund	126882

7046	898604	Coal Research and Development Fund	$	66,000,000	$	10,000,000	126883
TOTAL 046 Coal Research and Development Fund			$	66,000,000	$	10,000,000	126884
TOTAL ALL BUDGET FUND GROUPS			$	76,209,279	$	20,614,479	126885

COAL DEVELOPMENT OFFICE

126886

The foregoing appropriation item 898402, Coal Development	126887
Office, shall be used for the administrative costs of the Coal	126888
Development Office.	126889

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

126890

The foregoing appropriation item GRF 898901, Coal Research	126891
and Development General Obligation Debt Service, shall be used to	126892
pay all debt service and related financing costs at the times	126893
they are required to be made during the period from July 1, 2009,	126894
to June 30, 2011, for obligations issued under sections 151.01	126895
and 151.07 of the Revised Code.	126896

COAL RESEARCH AND DEVELOPMENT

126897

The foregoing appropriation item 898604, Coal Research and	126898
Development Fund, shall be used for research and development of	126899
clean coal technologies. On or before June 30, 2010, any	126900
unexpended and unencumbered portion of the appropriation item at	126901
the end of fiscal year 2010 is hereby reappropriated for the same	126902
purpose in fiscal year 2011.	126903

Section 213.20. ENERGY STRATEGY DEVELOPMENT

126904

The Ohio Air Quality Development Authority shall establish	126905
the Energy Strategy Development Program for the purpose of	126906
developing energy initiatives, projects, and policy for the	126907
state. Issues addressed by such initiatives, projects, and policy	126908
shall not be limited to those governed by Chapter 3706. of the	126909
Revised Code.	126910

There is hereby created in the state treasury the Energy	126911
Strategy Development Fund (Fund 5EG0). The fund shall consist of	126912
money credited to it and money obtained for advanced energy	126913
projects from federal or private grants, loans, or other sources.	126914
Money in the fund shall be used to carry out the purposes of the	126915
program. Interest earned on the money in the fund shall be	126916
credited to the General Revenue Fund.	126917

On July 1 of each fiscal year, or as soon as possible	126918
thereafter, the Director of Budget and Management may transfer	126919
cash from the funds specified below, in the amounts specified	126920
below, to the Energy Strategy Development Fund. Fund 5EG0 may	126921
accept contributions and transfers made to the fund. On July 1,	126922
2012, or as soon as possible thereafter, the Director shall	126923
transfer to the General Revenue Fund all cash credited to Fund	126924
5EG0. Upon completion of the transfer, Fund 5EG0 is abolished.	126925

Fund	Fund Name	User	FY 2010	FY 2011	126926
1170	Office Services	Dept. of Administrative Services	$35,000	$35,000	126927
5GH0	Central Support Indirect Cost	Dept. of Agriculture	$35,000	$35,000	126928
1350	Supportive Services	Dept. of Development	$35,000	$35,000	126929
2190	Central Support Indirect Cost	Environmental Protection Agency	$35,000	$35,000	126930
1570	Central Support Indirect Chargeback	Dept. of Natural Resources	$35,000	$35,000	126931
7002	Highway Operating	Dept. of Transportation	$50,000	$50,000	126932

Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT	126933
AUTHORITY TRUST ACCOUNT	126934

Notwithstanding any other provision of law to the contrary,	126935
the Air Quality Development Authority may reimburse the Air	126936
Quality Development Authority trust account established under	126937
section 3706.10 of the Revised Code from all operating funds of	126938
the agency for expenses pertaining to the administration and	126939
shared costs incurred by the Air Quality Development Authority in	126940
the execution of responsibilities as prescribed in Chapter 3706.	126941
of the Revised Code. Reimbursement shall be made by voucher and	126942
completed in accordance with the administrative indirect costs	126943
allocation plan approved by the Office of Budget and Management.	126944

Section 215.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	126945
SERVICES	126946

General Revenue Fund	126947

GRF	038401	Treatment Services	$	25,998,105	$	26,784,703	126948
GRF	038404	Prevention Services	$	868,659	$	868,659	126949
TOTAL GRF General Revenue Fund			$	26,866,764	$	27,653,362	126950

General Services Fund	126951

5T90	038616		Problem Gambling Services		$	335,000		$	335,000		126952
TOTAL GSF General Services Fund Group					$	335,000		$	335,000		126953

Federal Special Revenue Fund Group	126954

3G30	038603	Drug Free Schools	$	2,260,000	$	2,260,000	126955
3G40	038614	Substance Abuse Block Grant	$	71,500,000	$	71,500,000	126956
3H80	038609	Demonstration Grants	$	7,093,075	$	7,093,075	126957
3J80	038610	Medicaid	$	62,772,342	$	60,817,910	126958
3N80	038611	Administrative Reimbursement	$	500,000	$	500,000	126959
TOTAL FED Federal Special Revenue							126960
Fund Group			$	144,125,417	$	142,170,985	126961

State Special Revenue Fund Group	126962

4750	038621	Statewide Treatment and Prevention	$	18,000,000	$	18,000,000	126963
5DH0	038620	Fetal Alcohol Spectrum Disorder	$	327,500	$	327,500	126964
6890	038604	Education and Conferences	$	200,000	$	200,000	126965
TOTAL SSR State Special Revenue							126966
Fund Group			$	18,527,500	$	18,527,500	126967
TOTAL ALL BUDGET FUND GROUPS			$	189,854,681	$	188,686,847	126968

Section 217.10. ARC ARCHITECTS BOARD

126970

General Services Fund Group	126971

4K90	891609	Operating Expenses	$	522,055	$	550,718	126972
TOTAL GSF General Services Fund							126973
Group			$	522,055	$	550,718	126974
TOTAL ALL BUDGET FUND GROUPS			$	522,055	$	550,718	126975

Section 219.10. ART OHIO ARTS COUNCIL

126977

General Revenue Fund	126978

GRF	370321	Operating Expenses	$	1,450,782	$	1,450,782	126979
GRF	370502	State Program Subsidies	$	5,143,508	$	5,143,508	126980
TOTAL GRF General Revenue Fund			$	6,594,290	$	6,594,290	126981

General Services Fund Group	126982

4600	370602	Management Expenses and Donations	$	285,000	$	285,000	126983
4B70	370603	Percent for Art Acquisitions	$	86,366	$	86,366	126984
TOTAL GSF General Services Fund Group			$	371,366	$	371,366	126985

Federal Special Revenue Fund Group	126986

3140	370601	Federal Support	$	1,000,000	$	1,000,000	126987
TOTAL FED Federal Special Revenue Fund Group			$	1,000,000	$	1,000,000	126988
TOTAL ALL BUDGET FUND GROUPS			$	7,965,656	$	7,965,656	126989

PROGRAM SUBSIDIES

126990

A museum is not eligible to receive funds from appropriation	126991
item 370502, State Program Subsidies, if $8,000,000 or more in	126992
capital appropriations were appropriated by the state for the	126993
museum between January 1, 1986, and December 31, 2002.	126994

Section 221.10. ATH ATHLETIC COMMISSION

126995

General Services Fund Group	126996

4K90	175609	Operating Expenses	$	247,624	$	247,624	126997
TOTAL GSF General Services Fund Group			$	247,624	$	247,624	126998
TOTAL ALL BUDGET FUND GROUPS			$	247,624	$	247,624	126999

Section 223.10. AGO ATTORNEY GENERAL

127001

General Revenue Fund	127002

GRF	055321	Operating Expenses	$	45,469,699	$	45,469,699	127003
GRF	055405	Law-Related Education	$	100,000	$	100,000	127004
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	127005
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	127006
TOTAL GRF General Revenue Fund			$	47,159,119	$	47,159,119	127007

General Services Fund Group	127008

1060	055612	General Reimbursement	$	38,750,000	$	38,750,000	127009
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	127010
4180	055615	Charitable Foundations	$	7,286,000	$	7,286,000	127011
4200	055603	Attorney General Antitrust	$	1,750,000	$	1,750,000	127012
4210	055617	Police Officers' Training Academy Fee	$	2,000,000	$	2,000,000	127013
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,000,000	$	1,000,000	127014
5900	055633	Peace Officer Private Security Fund	$	98,370	$	98,370	127015
5A90	055618	Telemarketing Fraud Enforcement	$	7,500	$	7,500	127016
5L50	055619	Law Enforcement Assistance Program	$	1,457,852	$	0	127017
6290	055636	Corrupt Activity Investigation and Prosecution	$	15,000	$	15,000	127018
6310	055637	Consumer Protection Enforcement	$	3,500,000	$	3,500,000	127019
TOTAL GSF General Services Fund							127020
Group			$	64,280,226	$	62,822,374	127021

Federal Special Revenue Fund Group	127022

3060	055620	Medicaid Fraud Control	$	3,879,672	$	3,879,672	127023
3810	055611	Civil Rights Legal Service	$	402,540	$	402,540	127024
3830	055634	Crime Victims Assistance	$	16,000,000	$	16,000,000	127025
3E50	055638	Attorney General Pass-Through Funds	$	3,030,000	$	3,030,000	127026
3R60	055613	Attorney General Federal Funds	$	5,115,000	$	5,115,000	127027
TOTAL FED Federal Special Revenue							127028
Fund Group			$	28,427,212	$	28,427,212	127029

State Special Revenue Fund Group	127030

4020	055616	Victims of Crime	$	29,000,000	$	28,000,000	127031
4190	055623	Claims Section	$	36,875,000	$	36,875,000	127032
4L60	055606	DARE Programs	$	3,927,962	$	3,927,962	127033
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	127034
6590	055641	Solid and Hazardous Waste Background Investigations	$	621,159	$	621,159	127035
TOTAL SSR State Special Revenue							127036
Fund Group			$	71,024,121	$	70,024,121	127037

Holding Account Redistribution Fund Group	127038

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	127039
R005	055632	Antitrust Settlements	$	1,000	$	1,000	127040
R018	055630	Consumer Frauds	$	750,000	$	750,000	127041
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	127042
R054	055650	Collection Outside Counsel Payments	$	4,500,000	$	4,500,000	127043
TOTAL 090 Holding Account							127044
Redistribution Fund Group			$	6,276,025	$	6,276,025	127045

Tobacco Master Settlement Agreement Fund Group	127046

J087	055635	Law Enforcement Technology, Training, and Facility Enhancements	$	1,987,073	$	0	127047
U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	2,478,850	$	2,478,850	127048
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	4,465,923	$	2,478,850	127049
TOTAL ALL BUDGET FUND GROUPS			$	221,632,626	$	217,187,701	127050

COUNTY SHERIFFS' PAY SUPPLEMENT

127051

The foregoing appropriation item 055411, County Sheriffs'	127052
Pay Supplement, shall be used for the purpose of supplementing the	127053
annual compensation of county sheriffs as required by section	127054
325.06 of the Revised Code.	127055

At the request of the Attorney General, the Director of	127056
Budget and Management may transfer appropriation from	127057
appropriation item 055321, Operating Expenses, to appropriation	127058
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	127059
transferred shall be used to supplement the annual compensation	127060
of county sheriffs as required by section 325.06 of the Revised	127061
Code.	127062

COUNTY PROSECUTORS' PAY SUPPLEMENT

127063

The foregoing appropriation item 055415, County Prosecutors'	127064
Pay Supplement, shall be used for the purpose of supplementing the	127065
annual compensation of certain county prosecutors as required by	127066
section 325.111 of the Revised Code.	127067

At the request of the Attorney General, the Director of	127068
Budget and Management may transfer appropriation from	127069
appropriation item 055321, Operating Expenses, to appropriation	127070
item 055415, County Prosecutors' Pay Supplement. Any	127071
appropriation so transferred shall be used to supplement the	127072
annual compensation of county prosecutors as required by section	127073
325.111 of the Revised Code.	127074

WORKERS' COMPENSATION SECTION

127075

The Workers' Compensation Fund (Fund 1950) is entitled to	127076
receive payments from the Bureau of Workers' Compensation and	127077
the Ohio Industrial Commission at the beginning of each quarter	127078
of each fiscal year to fund legal services to be provided to the	127079
Bureau of Workers' Compensation and the Ohio Industrial	127080
Commission during the ensuing quarter. The advance payment shall	127081
be subject to adjustment.	127082

In addition, the Bureau of Workers' Compensation shall	127083
transfer payments at the beginning of each quarter for the support	127084
of the Workers' Compensation Fraud Unit.	127085

All amounts shall be mutually agreed upon by the Attorney	127086
General, the Bureau of Workers' Compensation, and the Ohio	127087
Industrial Commission.	127088

CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION

127089

The foregoing appropriation item 055636, Corrupt Activity	127090
Investigation and Prosecution, shall be used as provided by	127091
division (D)(2) of section 2923.35 of the Revised Code to dispose	127092
of the proceeds, fines, and penalties credited to the Corrupt	127093
Activity Investigation and Prosecution Fund, which is created in	127094
division (D)(1)(b) of section 2923.35 of the Revised Code. If it	127095
is determined that additional amounts are necessary for this	127096
purpose, the amounts are hereby appropriated.	127097

GENERAL HOLDING ACCOUNT

127098

The foregoing appropriation item 055631, General Holding	127099
Account, shall be used to distribute moneys under the terms of	127100
relevant court orders or other settlements received in a variety	127101
of cases involving the Office of the Attorney General. If it is	127102
determined that additional amounts are necessary for this purpose,	127103
the amounts are hereby appropriated.	127104

ATTORNEY GENERAL PASS-THROUGH FUNDS

127105

The foregoing appropriation item 055638, Attorney General	127106
Pass-Through Funds, shall be used to receive federal grant funds	127107
provided to the Attorney General by other state agencies,	127108
including, but not limited to, the Department of Youth Services	127109
and the Department of Public Safety.	127110

ANTITRUST SETTLEMENTS

127111

The foregoing appropriation item 055632, Antitrust	127112
Settlements, shall be used to distribute moneys under the terms	127113
of relevant court orders or other out of court settlements in	127114
antitrust cases or antitrust matters involving the Office of the	127115
Attorney General. If it is determined that additional amounts are	127116
necessary for this purpose, the amounts are hereby appropriated.	127117

CONSUMER FRAUDS

127118

The foregoing appropriation item 055630, Consumer Frauds,	127119
shall be used for distribution of moneys from court-ordered	127120
judgments against sellers in actions brought by the Office of	127121
Attorney General under sections 1334.08 and 4549.48 and division	127122
(B) of section 1345.07 of the Revised Code. These moneys shall be	127123
used to provide restitution to consumers victimized by the fraud	127124
that generated the court-ordered judgments. If it is determined	127125
that additional amounts are necessary for this purpose, the	127126
amounts are hereby appropriated.	127127

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

127128

The foregoing appropriation item 055601, Organized Crime	127129
Commission Distributions, shall be used by the Organized Crime	127130
Investigations Commission, as provided by section 177.011 of the	127131
Revised Code, to reimburse political subdivisions for the expenses	127132
the political subdivisions incur when their law enforcement	127133
officers participate in an organized crime task force. If it is	127134
determined that additional amounts are necessary for this purpose,	127135
the amounts are hereby appropriated.	127136

FUND ABOLISHMENTS

127137

Effective July 1, 2009, or as soon as possible thereafter,	127138
the Director of Budget and Management shall transfer the cash	127139
balance in the Asbestos Abatement Distribution Fund (Fund 6740) to	127140
the General Revenue Fund. Upon completion of the transfer, Fund	127141
6740 is abolished.	127142

Effective July 1, 2009, the Bingo License Refunds Fund (Fund	127143
R003) is abolished.	127144

Section 225.10. AUD AUDITOR OF STATE

127145

General Revenue Fund	127146

GRF	070321	Operating Expenses	$	29,279,031	$	29,279,031	127147
GRF	070403	Fiscal Watch/Emergency Technical Assistance	$	700,000	$	700,000	127148
TOTAL GRF General Revenue Fund			$	29,979,031	$	29,979,031	127149

Auditor of State Fund Group	127150

1090	070601	Public Audit Expense - Intra-State	$	11,000,000	$	11,000,000	127151
4220	070602	Public Audit Expense - Local Government	$	30,828,000	$	31,053,000	127152
5840	070603	Training Program	$	181,250	$	181,250	127153
6750	070605	Uniform Accounting Network	$	2,800,000	$	3,500,000	127154
TOTAL AUD Auditor of State Fund							127155
Group			$	44,809,250	$	45,734,250	127156
TOTAL ALL BUDGET FUND GROUPS			$	74,788,281	$	75,713,281	127157

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

127158

The foregoing appropriation item 070403, Fiscal	127159
Watch/Emergency Technical Assistance, shall be used for expenses	127160
incurred by the Office of the Auditor of State in its role	127161
relating to fiscal watch or fiscal emergency activities under	127162
Chapters 118. and 3316. of the Revised Code. Expenses include,	127163
but are not limited to, the following: duties related to the	127164
determination or termination of fiscal watch or fiscal emergency	127165
of municipal corporations, counties, townships, or school	127166
districts; development of preliminary accounting reports;	127167
performance of annual forecasts; provision of performance audits;	127168
and supervisory, accounting, or auditing services for the	127169
municipal corporations, counties, townships, or school districts.	127170

An amount equal to the unexpended, unencumbered portion of	127171
appropriation item 070403, Fiscal Watch/Emergency Technical	127172
Assistance, at the end of fiscal year 2010 is hereby	127173
reappropriated for the same purpose in fiscal year 2011.	127174

Section 225.20. The moneys transferred pursuant to division	127175
(E) of section 117.13 of the Revised Code relative to costs of	127176
audits of state agencies and local public offices are hereby	127177
appropriated.	127178

Section 227.10. BRB BOARD OF BARBER EXAMINERS

127179

General Services Fund Group	127180

4K90	877609	Operating Expenses	$	600,851	$	600,851	127181
TOTAL GSF General Services Fund							127182
Group			$	600,851	$	600,851	127183
TOTAL ALL BUDGET FUND GROUPS			$	600,851	$	600,851	127184

ED JEFFERS BARBER MUSEUM

127185

On October 1, 2009, or as soon as possible thereafter, the	127186
Director of Budget and Management and the Executive Director of	127187
the Barber Board shall develop a plan to distribute the amounts	127188
collected under division (C) of section 4709.12 of the Revised	127189
Code to the Ed Jeffers Barber Museum.	127190

Section 229.10. OBM OFFICE OF BUDGET AND MANAGEMENT

127191

General Revenue Fund	127192

GRF	042321	Budget Development and Implementation	$	2,412,346	$	2,350,805	127193
GRF	042410	National Association Dues	$	30,448	$	31,361	127194
GRF	042412	Audit of Auditor of State	$	44,528	$	46,309	127195
GRF	042416	Medicaid Agency Transition	$	571,028	$	369,298	127196
GRF	042435	Gubernatorial Transition	$	0	$	250,000	127197
TOTAL GRF General Revenue Fund			$	3,058,350	$	3,047,773	127198

General Services Fund Group	127199

1050	042603	State Accounting and Budgeting	$	37,031,976	$	41,206,060	127200
5N40	042602	OAKS Project Implementation	$	2,100,000	$	2,100,000	127201
5Z80	042608	Executive Medicaid Administration	$	57,751	$	0	127202
TOTAL GSF General Services Fund Group			$	39,189,727	$	43,306,060	127203

Federal Special Revenue Fund Group	127204

3CM0	042606		Medicaid Transition - Federal		$	734,979		$	747,098		127205
TOTAL FED Federal Special Revenue Fund Group					$	734,979		$	747,098		127206

Agency Fund Group	127207

5EH0	042604	Forgery Recovery	$	50,000	$	50,000	127208
TOTAL AGY Agency Fund Group			$	50,000	$	50,000	127209
TOTAL ALL BUDGET FUND GROUPS			$	43,033,056	$	47,150,931	127210

AUDIT COSTS

127211

All centralized audit costs associated with either Single	127212
Audit Schedules or financial statements prepared in conformance	127213
with generally accepted accounting principles for the state shall	127214
be paid from the foregoing appropriation item 042603, State	127215
Accounting and Budgeting.	127216

SHARED SERVICES CENTER

127217

The Director of Budget and Management shall use the OAKS	127218
Project Implementation Fund (Fund 5N40) and the Accounting and	127219
Budgeting Fund (Fund 1050) to implement a Shared Services Center	127220
within the Office of Budget and Management for the purpose of	127221
consolidating statewide finance functions and common transactional	127222
processes. The Director of Budget and Management shall transfer	127223
the unobligated cash balance remaining in Fund 5N40 to the General	127224
Revenue Fund before the end of fiscal year 2011.	127225

Effective July 1, 2009, the Director of Budget and Management	127226
shall include the recovery of costs to operate the Shared Services	127227
Center in the accounting and budgeting services payroll rate and	127228
through a direct charge using intrastate transfer vouchers to	127229
agencies for services rendered. The Director of Budget and	127230
Management shall determine the cost recovery methodology. Such	127231
cost recovery revenues shall be deposited to the credit of Fund	127232
1050.	127233

INTERNAL CONTROL AND AUDIT OVERSIGHT

127234

Effective July 1, 2009, the Director of Budget and Management	127235
shall include the recovery of costs to operate the Internal	127236
Control and Audit Oversight Program in the accounting and	127237
budgeting services payroll rate and through a direct charge using	127238
intrastate transfer vouchers to agencies reviewed by the program.	127239
The Director of Budget and Management, with advice from the	127240
Internal Audit Advisory Council, shall determine the cost recovery	127241
methodology. Such cost recovery revenues shall be deposited to the	127242
credit of the Accounting and Budgeting Fund (Fund 1050).	127243

FORGERY RECOVERY

127244

The foregoing appropriation item 042604, Forgery Recovery,	127245
shall be used to reissue warrants that have been certified as	127246
forgeries by the rightful recipient as determined by the Bureau of	127247
Criminal Identification and Investigation and the Treasurer of	127248
State. Upon receipt of funds to cover the reissuance of the	127249
warrant, the Director of Budget and Management shall reissue a	127250
state warrant of the same amount.	127251

Section 231.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

127252

General Revenue Fund	127253

GRF	874100	Personal Services	$	1,311,358	$	1,311,358	127254
GRF	874320	Maintenance and Equipment	$	526,814	$	526,813	127255
TOTAL GRF General Revenue Fund			$	1,838,172	$	1,838,171	127256

General Services Fund Group	127257

4G50	874603	Capitol Square Education Center and Arts	$	15,000	$	15,000	127258
4S70	874602	Statehouse Gift Shop/Events	$	686,708	$	686,708	127259
TOTAL GSF General Services							127260
Fund Group			$	701,708	$	701,708	127261

Federal Special Revenue Fund Group	127262

5AQ0	874606		Grant		$	3,977		$	0		127263
TOTAL FED Federal Special Revenue Fund Group					$	3,977		$	0		127264

Underground Parking Garage	127265

2080	874601	Underground Parking Garage Operations	$	2,923,224	$	2,979,615	127266
TOTAL UPG Underground Parking							127267
Garage			$	2,923,224	$	2,979,615	127268
TOTAL ALL BUDGET FUND GROUPS			$	5,467,081	$	5,519,494	127269

WAREHOUSE PAYMENTS

127270

Of the foregoing appropriation item 874601, Underground	127271
Parking Garage Operations, $48,000 in each fiscal year shall be	127272
used to meet all payments at the times they are required to be	127273
made during the period from July 1, 2009, to June 30, 2011, to	127274
the Ohio Building Authority for bond service charges relating	127275
to the purchase and improvement of a warehouse acquired	127276
pursuant to section 105.41 of the Revised Code, in which to store	127277
items of the Capitol Collection Trust and, whenever necessary,	127278
equipment or other property of the Board.	127279

Notwithstanding division (G) of section 105.41 of the Revised	127280
Code and any other provision to the contrary, moneys in the	127281
Underground Parking Garage Fund (Fund 2080) may be used for	127282
personnel and operating costs related to the operations of the	127283
Statehouse and the Statehouse Underground Parking Garage.	127284

Section 233.10. SCR STATE BOARD OF CAREER COLLEGES AND	127285
SCHOOLS	127286

General Services Fund Group	127287

4K90	233601	Operating Expenses	$	490,008	$	490,008	127288
TOTAL GSF General Services Fund Group			$	490,008	$	490,008	127289
TOTAL ALL BUDGET FUND GROUPS			$	490,008	$	490,008	127290

Section 235.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

127292

General Services Fund Group	127293

4K90	930609	Operating Expenses	$	478,799	$	478,799	127294
TOTAL GSF General Services Fund Group			$	478,799	$	478,799	127295
TOTAL ALL BUDGET FUND GROUPS			$	478,799	$	478,799	127296

Section 237.10. CHR STATE CHIROPRACTIC BOARD

127298

General Services Fund Group	127299

4K90	878609	Operating Expenses	$	541,455	$	541,455	127300
TOTAL GSF General Services Fund Group			$	541,455	$	541,455	127301
TOTAL ALL BUDGET FUND GROUPS			$	541,455	$	541,455	127302

Section 239.10. CIV OHIO CIVIL RIGHTS COMMISSION

127304

General Revenue Fund	127305

GRF	876321		Operating Expenses		$	4,897,185		$	4,897,185		127306
TOTAL GRF General Revenue Fund					$	4,897,185		$	4,897,185		127307

General Services Fund Group	127308

2170	876604	Operations Support	$	8,000	$	8,000	127309
TOTAL GSF General Services							127310
Fund Group			$	8,000	$	8,000	127311

Federal Special Revenue Fund Group	127312

3340	876601	Federal Programs	$	3,876,500	$	3,281,500	127313
TOTAL FED Federal Special Revenue							127314
Fund Group			$	3,876,500	$	3,281,500	127315

TOTAL ALL BUDGET FUND GROUPS

8,781,685

8,186,685

127316

Section 241.10. COM DEPARTMENT OF COMMERCE

127318

General Revenue Fund	127319

GRF	800410		Labor and Worker Safety		$	1,492,677		$	0		127320
Total GRF General Revenue Fund					$	1,492,677		$	0		127321

General Services Fund Group	127322

1630	800620	Division of Administration	$	7,420,049	$	7,561,286	127323
1630	800637	Information Technology	$	6,219,734	$	6,137,122	127324
5430	800602	Unclaimed Funds-Operating	$	9,948,085	$	9,948,085	127325
5430	800625	Unclaimed Funds-Claims	$	75,000,000	$	75,000,000	127326
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	127327
TOTAL GSF General Services Fund							127328
Group			$	98,887,868	$	98,946,493	127329

Federal Special Revenue Fund Group	127330

3480	800622	Underground Storage Tanks	$	586,128	$	585,782	127331
3480	800624	Leaking Underground Storage Tanks	$	1,477,606	$	1,489,717	127332
TOTAL FED Federal Special Revenue							127333
Fund Group			$	2,063,734	$	2,075,499	127334

State Special Revenue Fund Group	127335

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	127336
4H90	800608	Cemeteries	$	273,465	$	273,465	127337
4X20	800619	Financial Institutions	$	2,233,031	$	2,221,395	127338
5440	800612	Banks	$	6,703,253	$	6,753,254	127339
5450	800613	Savings Institutions	$	2,286,615	$	2,307,019	127340
5460	800610	Fire Marshal	$	15,118,673	$	15,191,721	127341
5460	800639	Fire Department Grants	$	1,695,198	$	1,698,802	127342
5470	800603	Real Estate Education/Research	$	250,000	$	250,000	127343
5480	800611	Real Estate Recovery	$	50,000	$	50,000	127344
5490	800614	Real Estate	$	3,456,405	$	3,451,694	127345
5500	800617	Securities	$	4,761,545	$	4,411,545	127346
5520	800604	Credit Union	$	3,627,390	$	3,627,390	127347
5530	800607	Consumer Finance	$	5,367,260	$	5,148,702	127348
5560	800615	Industrial Compliance	$	25,753,662	$	26,713,417	127349
5FW0	800616	Financial Literacy Education	$	350,000	$	350,000	127350
5GK0	800609	Securities Investor Education/Enforcement	$	485,000	$	485,000	127351
5K70	800621	Penalty Enforcement	$	150,000	$	150,000	127352
5X60	800623	Video Service	$	34,476	$	34,476	127353
6530	800629	UST Registration/Permit Fee	$	1,433,189	$	1,431,831	127354
6A40	800630	Real Estate Appraiser-Operating	$	664,006	$	664,006	127355
TOTAL SSR State Special Revenue							127356
Fund Group			$	74,728,168	$	75,248,717	127357

Liquor Control Fund Group	127358

7043	800601	Merchandising	$	472,492,696	$	488,434,277	127359
7043	800627	Liquor Control Operating	$	13,776,430	$	14,313,346	127360
7043	800633	Development Assistance Debt Service	$	40,565,100	$	52,412,800	127361
7043	800636	Revitalization Debt Service	$	15,632,800	$	20,359,000	127362
TOTAL LCF Liquor Control							127363
Fund Group			$	542,467,026	$	575,519,423	127364

Volunteer Firefighters' Dependents Fund Group	127365

7085	800985		Volunteer Firefighters' Dependents Fund		$	300,000		$	300,000		127366
TOTAL 085 Volunteer Firefighters' Dependents Fund Group					$	300,000		$	300,000		127367

Revenue Distribution Fund Group	127368

7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	127369
TOTAL RDF Revenue Distribution Fund Group			$	14,100,000	$	14,100,000	127370
TOTAL ALL BUDGET FUND GROUPS			$	734,039,473	$	766,190,132	127371

SMALL GOVERNMENT FIRE DEPARTMENTS

127372

Notwithstanding section 3737.17 of the Revised Code, the	127373
foregoing appropriation item 800635, Small Government Fire	127374
Departments, may be used to provide loans to private fire	127375
departments.	127376

UNCLAIMED FUNDS PAYMENTS

127377

The foregoing appropriation item 800625, Unclaimed	127378
Funds-Claims, shall be used to pay claims under section 169.08 of	127379
the Revised Code. If it is determined that additional amounts are	127380
necessary, the amounts are appropriated.	127381

UNCLAIMED FUNDS TRANSFERS

127382

Notwithstanding division (A) of section 169.05 of the Revised	127383
Code, on or after December 1, 2009, the Director of Budget and	127384
Management shall request the Director of Commerce to transfer to	127385
the General Revenue Fund up to $250,000,000 of unclaimed funds	127386
that have been reported by holders of unclaimed funds under	127387
section 169.05 of the Revised Code, irrespective of the allocation	127388
of the unclaimed funds under that section. After such request has	127389
been made, the Director of Commerce shall transfer the funds prior	127390
to June 30, 2010.	127391

Notwithstanding division (A) of section 169.05 of the Revised	127392
Code, on or after December 1, 2010, the Director of Budget and	127393
Management shall request the Director of Commerce to transfer to	127394
the General Revenue Fund up to $135,000,000 of unclaimed funds	127395
that have been reported by holders of unclaimed funds under	127396
section 169.05 of the Revised Code, irrespective of the allocation	127397
of the unclaimed funds under that section. After such request has	127398
been made, the Director of Commerce shall transfer the funds prior	127399
to June 30, 2011.	127400

FIRE DEPARTMENT GRANTS

127401

Of the foregoing appropriation item 800639, Fire Department	127402
Grants, up to $1,647,140 in each fiscal year shall be used to make	127403
annual grants to volunteer fire departments, fire departments that	127404
serve one or more small municipalities or small townships, joint	127405
fire districts comprised of fire departments that primarily serve	127406
small municipalities or small townships, local units of government	127407
responsible for such fire departments, and local units of	127408
government responsible for the provision of fire protection	127409
services for small municipalities or small townships.	127410

The grants shall be used by recipients to purchase	127411
firefighting or rescue equipment or gear or similar items, to	127412
provide full or partial reimbursement for the documented costs of	127413
firefighter training, or, at the discretion of the State Fire	127414
Marshal, to cover fire department costs for providing fire	127415
protection services in that grant recipient's jurisdiction.	127416

Grant awards for firefighting or rescue equipment or gear or	127417
for fire department costs of providing fire protection services	127418
shall be up to $15,000 per fiscal year, or up to $25,000 per	127419
fiscal year if an eligible entity serves a jurisdiction in which	127420
the Governor declared a natural disaster during the preceding or	127421
current fiscal year in which the grant was awarded. In addition to	127422
any grant funds awarded for rescue equipment or gear, or for fire	127423
department costs associated with the provision of fire protection	127424
services, an eligible entity may receive a grant for up to $15,000	127425
per fiscal year for full or partial reimbursement of the	127426
documented costs of firefighter training. For each fiscal year,	127427
the State Fire Marshal shall determine the total amounts to be	127428
allocated for each eligible purpose.	127429

The grant program shall be administered by the State Fire	127430
Marshal in accordance with rules the State Fire Marshal adopts as	127431
part of the state fire code adopted pursuant to section 3737.82 of	127432
the Revised Code that are necessary for the administration and	127433
operation of the grant program. The rules may further define the	127434
entities eligible to receive grants and establish criteria for the	127435
awarding and expenditure of grant funds, including methods the	127436
State Fire Marshal may use to verify the proper use of grant funds	127437
or to obtain reimbursement for or the return of equipment for	127438
improperly used grant funds. Any amounts in appropriation item	127439
800639, Fire Department Grants, in excess of the amount allocated	127440
for these grants may be used for the administration of the grant	127441
program.	127442

DIVISION OF SECURITIES TECHNOLOGY UPGRADES

127443

Of the foregoing appropriation item 800617, Securities, such	127444
sums as are necessary may be used over the biennium to support	127445
the development and implementation of information technology	127446
solutions designed to enable the Division of Securities to better	127447
protect the interests of investors, the public, and the securities	127448
industry. Implementation of these solutions shall, among other	127449
things, enhance the Division's ability to monitor complaints	127450
about and actions against persons engaged in any practice	127451
prohibited by Chapter 1707. of the Revised Code or defined as	127452
fraudulent in that chapter or any other deceptive scheme or	127453
practice in connection with the sale of securities. The Director	127454
of Commerce may seek assistance from the Department of	127455
Administrative Services in relation to the development and	127456
implementation of the solutions.	127457

CASH TRANSFERS TO THE DIVISION OF SECURITIES INVESTOR	127458
EDUCATION AND ENFORCEMENT EXPENSE FUND	127459

The Director of Budget and Management, upon the request of	127460
the Director of Commerce, shall transfer up to $485,000 in cash in	127461
each fiscal year from the Division of Securities Fund (Fund 5500)	127462
to the Division of Securities Investor Education and Enforcement	127463
Expense Fund (Fund 5GK0) created in section 1707.37 of the Revised	127464
Code.	127465

CASH TRANSFERS TO THE REAL ESTATE OPERATING FUND

127466

The Director of Budget and Management, upon request of the	127467
Director of Commerce, shall transfer $1,300,000 in cash over the	127468
FY 2010-FY 2011 biennium from the Real Estate Education and	127469
Research Fund (Fund 5470) to the Real Estate Operating Fund (Fund	127470
5490).	127471

The Director of Budget and Management, upon request of the	127472
Director of Commerce, shall transfer $600,000 in cash over the FY	127473
2010-FY 2011 biennium from the Real Estate Recovery Fund (Fund	127474
5480) to the Real Estate Operating Fund (Fund 5490).	127475

INCREASED APPROPRIATION - MERCHANDISING

127476

The foregoing appropriation item 800601, Merchandising,	127477
shall be used under section 4301.12 of the Revised Code. If it is	127478
determined that additional expenditures are necessary, the amounts	127479
are appropriated.	127480

DEVELOPMENT ASSISTANCE DEBT SERVICE

127481

The foregoing appropriation item 800633, Development	127482
Assistance Debt Service, shall be used to pay debt service and	127483
related financing costs at the times they are required to be made	127484
during the period from July 1, 2009, to June 30, 2011, for bond	127485
service charges on obligations issued under Chapter 166. of the	127486
Revised Code. If it is determined that additional appropriations	127487
are necessary for this purpose, such amounts are appropriated,	127488
subject to the limitations set forth in section 166.11 of the	127489
Revised Code. An appropriation for this purpose is not required,	127490
but is made in this form and in this act for record purposes	127491
only.	127492

REVITALIZATION DEBT SERVICE

127493

The foregoing appropriation item 800636, Revitalization Debt	127494
Service, shall be used to pay debt service and related financing	127495
costs under sections 151.01 and 151.40 of the Revised Code during	127496
the period from July 1, 2009, to June 30, 2011. If it is	127497
determined that additional appropriations are necessary for this	127498
purpose, such amounts are hereby appropriated. The General	127499
Assembly acknowledges the priority of the pledge of a portion of	127500
receipts from that source to obligations issued and to be issued	127501
under Chapter 166. of the Revised Code.	127502

ADMINISTRATIVE ASSESSMENTS

127503

Notwithstanding any other provision of law to the contrary,	127504
the Division of Administration Fund (Fund 1630) is entitled to	127505
receive assessments from all operating funds of the Department in	127506
accordance with procedures prescribed by the Director of Commerce	127507
and approved by the Director of Budget and Management.	127508

Section 243.10. OCC OFFICE OF CONSUMERS' COUNSEL

127509

General Services Fund Group	127510

5F50	053601	Operating Expenses	$	8,498,000	$	8,498,000	127511
TOTAL GSF General Services Fund Group			$	8,498,000	$	8,498,000	127512
TOTAL ALL BUDGET FUND GROUPS			$	8,498,000	$	8,498,000	127513

Section 245.10. CEB CONTROLLING BOARD

127515

General Revenue Fund	127516

GRF	911401	Emergency Purposes/Contingencies	$	2,800,000	$	2,800,000	127517
GRF	911404	Mandate Assistance	$	545,417	$	545,417	127518
GRF	911418	Unemployment Compensation ERI	$	29,228,833	$	37,275,369	127519
GRF	911441	Ballot Advertising Costs	$	487,600	$	487,600	127520
TOTAL GRF General Revenue Fund			$	33,061,850	$	41,108,386	127521
TOTAL ALL BUDGET FUND GROUPS			$	33,061,850	$	41,108,386	127522

DISASTER SERVICES FUND TRANSFERS TO THE EMERGENCY	127523
PURPOSES/CONTINGENCIES APPROPRIATION LINE ITEM	127524

The Controlling Board may, at the request of any state	127525
agency or the Director of Budget and Management, transfer all or	127526
part of the appropriation in appropriation item 911401, Emergency	127527
Purposes/Contingencies, for the purpose of providing disaster and	127528
emergency situation aid to state agencies and political	127529
subdivisions in the event of disasters and emergency situations	127530
or for the other purposes noted in this section, including, but	127531
not limited to, costs related to the disturbance that occurred on	127532
April 11, 1993, at the Southern Ohio Correctional Facility in	127533
Lucasville, Ohio.	127534

FEDERAL SHARE

127535

In transferring appropriations to or from appropriation items	127536
that have federal shares identified in this act, the Controlling	127537
Board shall add or subtract corresponding amounts of federal	127538
matching funds at the percentages indicated by the state and	127539
federal division of the appropriations in this act. Such changes	127540
are hereby appropriated.	127541

DISASTER ASSISTANCE

127542

Pursuant to requests submitted by the Department of Public	127543
Safety, the Controlling Board may approve transfers from	127544
appropriation item 911401, Emergency Purposes/Contingencies, to	127545
appropriation items used by the Department of Public Safety to	127546
provide funding for assistance to political subdivisions and	127547
individuals made necessary by natural disasters or emergencies.	127548
Such transfers may be requested and approved prior to or	127549
following the occurrence of any specific natural disasters or	127550
emergencies in order to facilitate the provision of timely	127551
assistance.	127552

DISASTER SERVICES

127553

Pursuant to requests submitted by the Department of Public	127554
Safety, the Controlling Board may approve transfers from the	127555
Disaster Services Fund (5E20) to a fund and appropriation item	127556
used by the Department of Public Safety to provide for assistance	127557
to political subdivisions made necessary by natural disasters or	127558
emergencies. These transfers may be requested and approved prior	127559
to the occurrence of any specific natural disasters or	127560
emergencies in order to facilitate the provision of timely	127561
assistance. The Emergency Management Agency of the Department of	127562
Public Safety shall use the funding to fund the State Disaster	127563
Relief Program for disasters that have been declared by the	127564
Governor, and the State Individual Assistance Program for	127565
disasters that have been declared by the Governor and the federal	127566
Small Business Administration. The Ohio Emergency Management	127567
Agency shall publish and make available application packets	127568
outlining procedures for the State Disaster Relief Program and	127569
the State Individual Assistance Program.	127570

Fund 5E20 shall be used by the Controlling Board, pursuant	127571
to requests submitted by state agencies, to transfer cash and	127572
appropriations to any fund and appropriation item for the payment	127573
of state agency disaster relief program expenses for disasters	127574
declared by the Governor, if the Director of Budget and	127575
Management determines that sufficient funds exist.	127576

SOUTHERN OHIO CORRECTIONAL FACILITY COST

127577

The Division of Criminal Justice Services in the Department	127578
of Public Safety and the Public Defender Commission may each	127579
request, upon approval of the Director of Budget and Management,	127580
additional funds from appropriation item 911401, Emergency	127581
Purposes/Contingencies, for costs related to the disturbance that	127582
occurred on April 11, 1993, at the Southern Ohio Correctional	127583
Facility in Lucasville, Ohio.	127584

MANDATE ASSISTANCE

127585

(A) The foregoing appropriation item 911404, Mandate	127586
Assistance, shall be used to provide financial assistance to local	127587
units of government and school districts for the cost of the	127588
following two state mandates:	127589

(1) The cost to county prosecutors for prosecuting certain	127590
felonies that occur on the grounds of state institutions operated	127591
by the Department of Rehabilitation and Correction and the	127592
Department of Youth Services;	127593

(2) The cost to school districts of in-service training for	127594
child abuse detection.	127595

(B) The Division of Criminal Justice Services in the	127596
Department of Public Safety and the Department of Education may	127597
prepare and submit to the Controlling Board one or more requests	127598
to transfer appropriations from appropriation item 911404,	127599
Mandate Assistance. The state agencies charged with this	127600
administrative responsibility are listed below, as well as the	127601
estimated annual amounts that may be used for each program of	127602
state financial assistance.	127603

		ESTIMATED	127604
	ADMINISTERING	ANNUAL	127605
PROGRAM	AGENCY	AMOUNT	127606

Prosecution Costs	Division of Criminal	$125,446	127607
	Justice Services		127608
Child Abuse Detection Training Costs	Department of Education	$419,971	127609

(C) Subject to the total amount appropriated in each fiscal	127610
year for appropriation item 911404, Mandate Assistance, the	127611
Division of Criminal Justice Services and the Department of	127612
Education may request from the Controlling Board that amounts	127613
smaller or larger than these estimated annual amounts be	127614
transferred to each program.	127615

(D) In addition to making the initial transfers requested by	127616
the Division of Criminal Justice Services and the Department of	127617
Education, the Controlling Board may transfer appropriations	127618
received by a state agency under this section back to	127619
appropriation item 911404, Mandate Assistance, or to the other	127620
program of state financial assistance identified under this	127621
section.	127622

(E) It is expected that not all costs incurred by local units	127623
of government and school districts under each of the two programs	127624
of state financial assistance identified in this section will be	127625
fully reimbursed by the state. Reimbursement levels may vary by	127626
program and shall be based on: the relationship between the	127627
appropriation transfers requested by the Division of Criminal	127628
Justice Services and the Department of Education and provided by	127629
the Controlling Board for each of the programs; the rules and	127630
procedures established for each program by the administering state	127631
agency; and the actual costs incurred by local units of	127632
government and school districts.	127633

(F) Each of these programs of state financial assistance	127634
shall be carried out as follows:	127635

(1) PROSECUTION COSTS

127636

(a) Appropriations may be transferred to the Division of	127637
Criminal Justice Services to cover local prosecution costs for	127638
aggravated murder, murder, felonies of the first degree, and	127639
felonies of the second degree that occur on the grounds of	127640
institutions operated by the Department of Rehabilitation and	127641
Correction and the Department of Youth Services.	127642

(b) Upon a delinquency filing in juvenile court or the return	127643
of an indictment for aggravated murder, murder, or any felony of	127644
the first or second degree that was committed at a Department of	127645
Youth Services or a Department of Rehabilitation and Correction	127646
institution, the affected county may, in accordance with rules	127647
that the Division of Criminal Justice Services shall adopt, apply	127648
to the Division of Criminal Justice Services for a grant to cover	127649
all documented costs that are incurred by the county prosecutor's	127650
office.	127651

(c) Twice each year, the Division of Criminal Justice	127652
Services shall designate counties to receive grants from those	127653
counties that have submitted one or more applications in	127654
compliance with the rules that have been adopted by the Division	127655
of Criminal Justice Services for the receipt of such grants. In	127656
each year's first round of grant awards, if sufficient	127657
appropriations have been made, up to a total of $100,000 may be	127658
awarded. In each year's second round of grant awards, the	127659
remaining appropriations available for this purpose may be	127660
awarded.	127661

(d) If for a given round of grants there are insufficient	127662
appropriations to make grant awards to all the eligible counties,	127663
the first priority shall be given to counties with cases involving	127664
aggravated murder and murder; second priority shall be given to	127665
counties with cases involving a felony of the first degree; and	127666
third priority shall be given to counties with cases involving a	127667
felony of the second degree. Within these priorities, the grant	127668
awards shall be based on the order in which the applications were	127669
received, except that applications for cases involving a felony of	127670
the first or second degree shall not be considered in more than	127671
two consecutive rounds of grant awards.	127672

(2) CHILD ABUSE DETECTION TRAINING COSTS

127673

Appropriations may be transferred to the Department of	127674
Education for payment to local school districts as full or partial	127675
reimbursement for the cost of providing in-service training for	127676
child abuse detection. In accordance with rules that the	127677
Department shall adopt, a local school district may apply to the	127678
Department for a grant to cover all documented costs that are	127679
incurred to provide in-service training for child abuse detection.	127680
The department shall make grants within the limits of the funding	127681
provided.	127682

(G) Any moneys allocated within appropriation item 911404,	127683
Mandate Assistance, not fully utilized may, upon application of	127684
the Ohio Public Defender Commission, and with the approval of the	127685
Controlling Board, be paid to boards of county commissioners to	127686
provide additional reimbursement for the costs incurred by	127687
counties in providing defense to indigent defendants pursuant to	127688
Chapter 120. of the Revised Code. Application for the unutilized	127689
funds shall be made by the Ohio Public Defender Commission at the	127690
first June meeting of the Controlling Board.	127691

The amount to be paid to each county shall be allocated	127692
proportionately on the basis of the total amount of reimbursement	127693
paid to each county as a percentage of the amount of reimbursement	127694
paid to all of the counties during the most recent state fiscal	127695
year for which data is available and as calculated by the Ohio	127696
Public Defender Commission.	127697

BALLOT ADVERTISING COSTS

127698

Pursuant to section 3501.17 of the Revised Code, and upon	127699
requests submitted by the Secretary of State, the Controlling	127700
Board shall approve transfers from the foregoing appropriation	127701
item 911441, Ballot Advertising Costs, to appropriation item	127702
050621, Statewide Ballot Advertising, in order to pay for the	127703
cost of public notices associated with statewide ballot	127704
initiatives.	127705

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	127706
ELIGIBILITY	127707

A state agency director shall request that the Controlling	127708
Board increase the amount of the agency's capital appropriations	127709
if the director determines such an increase is necessary for the	127710
agency to receive and use funds under the federal American	127711
Recovery and Reinvestment Act of 2009. The Controlling Board may	127712
increase the capital appropriations pursuant to the request up to	127713
the exact amount necessary under the federal act if the Board	127714
determines it is necessary for the agency to receive and use	127715
those federal funds.	127716

Section 247.10. COS STATE BOARD OF COSMETOLOGY

127717

General Services Fund Group	127718

4K90	879609	Operating Expenses	$	3,533,679	$	3,533,679	127719
TOTAL GSF General Services Fund							127720
Group			$	3,533,679	$	3,533,679	127721
TOTAL ALL BUDGET FUND GROUPS			$	3,533,679	$	3,533,679	127722

Section 249.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	127724
AND FAMILY THERAPIST BOARD	127725

General Services Fund Group	127726

4K90	899609	Operating Expenses	$	1,117,171	$	1,117,171	127727
TOTAL GSF General Services Fund							127728
Group			$	1,117,171	$	1,117,171	127729
TOTAL ALL BUDGET FUND GROUPS			$	1,117,171	$	1,117,171	127730

Section 251.10. CLA COURT OF CLAIMS

127732

General Revenue Fund	127733

GRF	015321		Operating Expenses		$	2,699,369		$	2,780,350		127734
TOTAL GRF General Revenue Fund					$	2,699,369		$	2,780,350		127735

State Special Revenue Fund Group	127736

5K20	015603	CLA Victims of Crime	$	1,582,684	$	1,582,684	127737
TOTAL SSR State Special Revenue							127738
Fund Group			$	1,582,684	$	1,582,684	127739
TOTAL ALL BUDGET FUND GROUPS			$	4,282,053	$	4,363,034	127740

Section 253.10. AFC OHIO CULTURAL FACILITIES COMMISSION

127742

General Revenue Fund	127743

GRF	371321	Operating Expenses	$	98,636	$	98,636	127744
GRF	371401	Lease Rental Payments	$	26,454,900	$	28,301,600	127745
TOTAL GRF General Revenue Fund			$	26,553,536	$	28,400,236	127746

State Special Revenue Fund Group	127747

4T80	371601	Riffe Theatre Equipment Maintenance	$	81,000	$	81,000	127748
4T80	371603	Project Administration Services	$	1,302,866	$	1,302,866	127749
TOTAL SSR State Special Revenue Group			$	1,383,866	$	1,383,866	127750
TOTAL ALL BUDGET FUND GROUPS			$	27,937,402	$	29,784,102	127751

LEASE RENTAL PAYMENTS

127752

The foregoing appropriation item 371401, Lease Rental	127753
Payments, shall be used to meet all payments from the Ohio	127754
Cultural Facilities Commission to the Treasurer of State during	127755
the period from July 1, 2009, to June 30, 2011, under the primary	127756
leases and agreements for those arts and sports facilities made	127757
under Chapters 152. and 154. of the Revised Code. This	127758
appropriation is the source of funds pledged for bond service	127759
charges on related obligations issued under Chapters 152. and	127760
154. of the Revised Code.	127761

OPERATING EXPENSES

127762

The foregoing appropriation item 371321, Operating Expenses,	127763
shall be used by the Ohio Cultural Facilities Commission to carry	127764
out its responsibilities under this section and Chapter 3383. of	127765
the Revised Code.	127766

By the tenth day following each calendar quarter in each	127767
fiscal year, or as soon as possible thereafter, the Director of	127768
Budget and Management shall determine the amount of cash from	127769
interest earnings to be transferred from the Cultural and Sports	127770
Facilities Building Fund (Fund 7030) to the Cultural Facilities	127771
Commission Administration Fund (Fund 4T80).	127772

As soon as possible after each bond issuance made on behalf	127773
of the Cultural Facilities Commission, the Director of Budget and	127774
Management shall determine the amount of cash from any premium	127775
paid on each issuance that is available to be transferred after	127776
all issuance costs have been paid from the Cultural and Sports	127777
Facilities Building Fund (Fund 7030) to the Cultural Facilities	127778
Commission Administration Fund (Fund 4T80).	127779

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

127780

The Executive Director of the Cultural Facilities Commission	127781
shall certify to the Director of Budget and Management the amount	127782
of cash receipts and related investment income, irrevocable	127783
letters of credit from a bank, or certification of the	127784
availability of funds that have been received from a county or a	127785
municipal corporation for deposit into the Capital Donations Fund	127786
(Fund 5A10) and that are related to an anticipated project. These	127787
amounts are hereby appropriated to appropriation item C37146,	127788
Capital Donations. Prior to certifying these amounts to the	127789
Director, the Executive Director shall make a written agreement	127790
with the participating entity on the necessary cash flows required	127791
for the anticipated construction or equipment acquisition project.	127792

Section 255.10. DEN STATE DENTAL BOARD

127793

General Services Fund Group	127794

4K90	880609	Operating Expenses	$	1,409,944	$	1,409,944	127795
TOTAL GSF General Services Fund							127796
Group			$	1,409,944	$	1,409,944	127797
TOTAL ALL BUDGET FUND GROUPS			$	1,409,944	$	1,409,944	127798

Section 257.10. BDP BOARD OF DEPOSIT

127800

General Services Fund Group	127801

4M20	974601	Board of Deposit	$	1,876,000	$	1,876,000	127802
TOTAL GSF General Services Fund							127803
Group			$	1,876,000	$	1,876,000	127804
TOTAL ALL BUDGET FUND GROUPS			$	1,876,000	$	1,876,000	127805

BOARD OF DEPOSIT EXPENSE FUND

127806

Upon receiving certification of expenses from the Treasurer	127807
of State, the Director of Budget and Management shall transfer	127808
cash from the Investment Earnings Redistribution Fund (Fund 6080)	127809
to the Board of Deposit Expense Fund (Fund 4M20). The latter fund	127810
shall be used pursuant to section 135.02 of the Revised Code to	127811
pay for any and all necessary expenses of the Board of Deposit or	127812
for banking charges and fees required for the operation of the	127813
State of Ohio Regular Account.	127814

Section 259.10. DEV DEPARTMENT OF DEVELOPMENT

127815

General Revenue Fund	127816

GRF	195401	Thomas Edison Program	$	15,796,751	$	15,796,751	127817
GRF	195404	Small Business Development	$	1,565,770	$	1,565,770	127818
GRF	195405	Minority Business Enterprise Division	$	1,238,528	$	1,238,528	127819
GRF	195407	Travel and Tourism	$	400,000	$	0	127820
GRF	195412	Rapid Outreach Grants	$	5,000,000	$	5,000,000	127821
GRF	195415	Strategic Business Investment Division and Regional Offices	$	5,882,129	$	5,882,129	127822
GRF	195416	Governor's Office of Appalachia	$	4,508,741	$	4,508,741	127823
GRF	195422	Technology Action	$	3,500,000	$	3,500,000	127824
GRF	195426	Clean Ohio Implementation	$	168,365	$	168,365	127825
GRF	195432	Global Markets	$	3,889,566	$	3,889,566	127826
GRF	195434	Industrial Training Grants	$	7,593,940	$	7,643,940	127827
GRF	195497	CDBG Operating Match	$	955,000	$	955,000	127828
GRF	195501	Appalachian Local Development Districts	$	391,482	$	391,482	127829
GRF	195502	Appalachian Regional Commission Dues	$	195,000	$	195,000	127830
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	20,920,700	$	30,852,200	127831
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	4,747,900	$	10,601,900	127832
TOTAL GRF General Revenue Fund			$	76,753,872	$	92,189,372	127833

General Services Fund Group	127834

1350	195684	Supportive Services	$	10,299,575	$	10,299,575	127835
4W10	195646	Minority Business Enterprise Loan	$	1,500,000	$	1,500,000	127836
5AD0	195677	Economic Development Contingency	$	4,000,000	$	4,000,000	127837
5DU0	195689	Energy Projects	$	840,000	$	840,000	127838
5W50	195690	Travel and Tourism Cooperative Projects	$	20,643	$	20,643	127839
6850	195636	Direct Cost Recovery Expenditures	$	416,742	$	416,742	127840
TOTAL GSF General Services Fund							127841
Group			$	17,076,959	$	17,076,959	127842

Federal Special Revenue Fund Group	127843

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	127844
3080	195603	Housing and Urban Development	$	6,000,000	$	6,000,000	127845
3080	195605	Federal Projects	$	27,000,000	$	27,000,000	127846
3080	195609	Small Business Administration	$	5,011,381	$	5,011,381	127847
3080	195618	Energy Federal Grants	$	3,400,000	$	3,400,000	127848
3350	195610	Energy Conservation and Emerging Technology	$	1,800,000	$	1,100,000	127849
3AE0	195643	Workforce Development Initiatives	$	17,000,000	$	16,500,000	127850
3K80	195613	Community Development Block Grant	$	65,000,000	$	65,000,000	127851
3K90	195611	Home Energy Assistance Block Grant	$	115,743,608	$	115,743,608	127852
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	127853
3L00	195612	Community Services Block Grant	$	25,235,000	$	25,235,000	127854
3V10	195601	HOME Program	$	40,000,000	$	40,000,000	127855
TOTAL FED Federal Special Revenue							127856
Fund Group			$	328,664,989	$	327,464,989	127857

State Special Revenue Fund Group	127858

4440	195607	Water and Sewer Commission Loans	$	29,628	$	29,628	127859
4500	195624	Minority Business Bonding Program Administration	$	53,967	$	53,967	127860
4510	195625	Economic Development Financing Operating	$	1,924,557	$	1,924,557	127861
4F20	195639	State Special Projects	$	100,000	$	100,000	127862
4F20	195676	Marketing Initiatives	$	8,400,000	$	3,800,000	127863
4F20	195699	Utility Provided Funds	$	500,000	$	500,000	127864
4S00	195630	Tax Incentive Programs	$	367,020	$	367,020	127865
5CG0	195679	Alternative Fuel Transportation	$	567,216	$	567,216	127866
5M40	195659	Low Income Energy Assistance	$	245,000,000	$	245,000,000	127867
5M50	195660	Advanced Energy Programs	$	8,268,581	$	8,268,581	127868
5W60	195691	International Trade Cooperative Projects	$	25,000	$	0	127869
5X10	195651	Exempt Facility Inspection	$	8,000	$	0	127870
6110	195631	Water and Sewer Administration	$	10,000	$	10,000	127871
6170	195654	Volume Cap Administration	$	113,941	$	113,941	127872
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	127873
TOTAL SSR State Special Revenue							127874
Fund Group			$	318,367,910	$	313,734,910	127875

Facilities Establishment Fund Group	127876

4Z60	195647	Rural Industrial Park Loan	$	2,000,000	$	2,000,000	127877
5D20	195650	Urban Redevelopment Loans	$	3,000,000	$	3,000,000	127878
5S80	195627	Rural Development Initiative	$	1,750,000	$	1,750,000	127879
5S90	195628	Capital Access Loan Program	$	2,000,000	$	2,000,000	127880
7008	195698	Logistics & Distribution Infrastructure	$	50,000,000	$	0	127881
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	127882
7010	195665	Research and Development	$	12,000,000	$	12,000,000	127883
7022	195606	Rapid Outreach Loans	$	15,000,000	$	15,000,000	127884
7037	195615	Facilities Establishment	$	65,000,000	$	65,000,000	127885
TOTAL 037 Facilities							127886
Establishment Fund Group			$	165,750,000	$	115,750,000	127887

Clean Ohio Revitalization Fund	127888

7003	195663		Clean Ohio Operating		$	964,200		$	953,300		127889
TOTAL 7003 Clean Ohio Revitalization Fund					$	964,200		$	953,300		127890

Third Frontier Research & Development Fund Group	127891

7011	195687	Third Frontier Research & Development Projects	$	55,000,000	$	55,000,000	127892
7014	195692	Research & Development Taxable Bond Projects	$	6,000,000	$	6,000,000	127893
TOTAL 011 Third Frontier Research & Development Fund Group			$	61,000,000	$	61,000,000	127894

Job Ready Site Development Fund Group	127895

7012	195688		Job Ready Site Operating		$	1,000,000		$	1,000,000		127896
TOTAL 012 Job Ready Site Development Fund Group					$	1,000,000		$	1,000,000		127897

Tobacco Master Settlement Agreement Fund Group	127898

M087	195435	Biomedical Research and Technology Transfer	$	1,257,363	$	1,259,563	127899
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,257,363	$	1,259,563	127900
TOTAL ALL BUDGET FUND GROUPS			$	970,835,294	$	930,429,094	127901

Section 259.10.10. THOMAS EDISON PROGRAM

127903

The foregoing appropriation item 195401, Thomas Edison	127904
Program, shall be used for the purposes of sections 122.28 to	127905
122.38 of the Revised Code. Of the foregoing appropriation item	127906
195401, Thomas Edison Program, not more than ten per cent in each	127907
fiscal year shall be used for operating expenditures in	127908
administering the programs of the Technology and Innovation	127909
Division.	127910

Section 259.10.20. SMALL BUSINESS DEVELOPMENT

127911

The foregoing appropriation item 195404, Small Business	127912
Development, shall be used as matching funds for grants from the	127913
United States Small Business Administration and other federal	127914
agencies, pursuant to Pub. L. No. 96-302 (1980) as amended by Pub.	127915
L. No. 98-395 (1984), and regulations and policy guidelines for	127916
the programs pursuant thereto. This appropriation item also may be	127917
used to provide grants to local organizations to support the	127918
operation of small business development centers and other local	127919
economic development activities that promote small business	127920
development and entrepreneurship.	127921

Section 259.10.30. RAPID OUTREACH GRANTS

127922

Of the foregoing appropriation item 195412, Rapid Outreach	127923
Grants, $5,000,000 in each fiscal year shall be used as an	127924
incentive for attracting, expanding, and retaining business	127925
opportunities for the state in accordance with Chapter 166. of	127926
the Revised Code. Of that amount, no more than five per cent in	127927
each fiscal year shall be used for administrative costs of Rapid	127928
Outreach Program.	127929

The department shall award funds directly to business	127930
entities considering Ohio for their expansion or new site	127931
location opportunities. Rapid Outreach grants shall be used by	127932
recipients to purchase equipment, make infrastructure	127933
improvements, make real property improvements, or fund other	127934
fixed assets. To meet the particular needs of economic	127935
development in a region, the department may elect to award funds	127936
directly to a political subdivision to assist with making on- or	127937
off-site infrastructure improvements to water and sewage	127938
treatment facilities, electric or gas service connections, fiber	127939
optic access, rail facilities, site preparation, and parking	127940
facilities. The Director of Development may recommend that the	127941
funds be used for alternative purposes when considered	127942
appropriate to satisfy an economic development opportunity or	127943
need deemed extraordinary in nature by the Director including,	127944
but not limited to, construction, rehabilitation, and	127945
acquisition projects for rail freight assistance as requested by	127946
the Department of Transportation. The Director of Transportation	127947
shall submit the proposed projects to the Director of Development	127948
for an evaluation of potential economic benefit.	127949

Moneys awarded directly to business entities from the	127950
foregoing appropriation item 195412, Rapid Outreach Grants, may	127951
be expended only after the submission of a request to the	127952
Controlling Board by the Department of Development outlining the	127953
planned use of the funds, and the subsequent approval of the	127954
request by the Controlling Board.	127955

Section 259.10.40. STRATEGIC BUSINESS INVESTMENT DIVISION AND	127956
REGIONAL OFFICES	127957

The foregoing appropriation item 195415, Strategic Business	127958
Investment Division and Regional Offices, shall be used for the	127959
operating expenses of the Strategic Business Investment Division	127960
and the regional economic development offices and for grants for	127961
cooperative economic development ventures.	127962

Section 259.10.50. GOVERNOR'S OFFICE OF APPALACHIA

127963

The foregoing appropriation item 195416, Governor's Office of	127964
Appalachia, may be used for the administrative costs of planning	127965
and liaison activities for the Governor's Office of Appalachia,	127966
to provide financial assistance to projects in Ohio's	127967
Appalachian counties, and to match federal funds from the	127968
Appalachian Regional Commission.	127969

Section 259.10.60. TECHNOLOGY ACTION

127970

The foregoing appropriation item 195422, Technology Action,	127971
shall be used for operating expenses the Department of	127972
Development incurs for administering sections 184.10 to 184.20 of	127973
the Revised Code. If the appropriation is insufficient to cover	127974
the operating expenses, the Department may request Controlling	127975
Board approval to appropriate the additional amount needed in	127976
appropriation item 195686, Third Frontier Operating. The	127977
Department shall not request an amount in excess of the amount	127978
needed.	127979

Section 259.10.70. CLEAN OHIO IMPLEMENTATION

127980

The foregoing appropriation item 195426, Clean Ohio	127981
Implementation, shall be used to fund the costs of administering	127982
the Clean Ohio Revitalization program and other urban	127983
revitalization programs that may be implemented by the Department	127984
of Development.	127985

Section 259.10.80. GLOBAL MARKETS

127986

The foregoing appropriation item 195432, Global Markets,	127987
shall be used to administer Ohio's foreign trade and investment	127988
programs, including operation and maintenance of Ohio's	127989
out-of-state trade and investment offices. This appropriation	127990
item also shall be used to fund the Global Markets Division and to	127991
assist Ohio manufacturers, agricultural producers, and service	127992
providers in exporting to foreign countries and to assist in the	127993
attraction of foreign direct investment.	127994

Section 259.10.90. OHIO WORKFORCE GUARANTEE PROGRAM

127995

The foregoing appropriation item 195434, Industrial Training	127996
Grants, may be used for the Ohio Workforce Guarantee Program to	127997
promote training through grants to businesses and, in the case of	127998
a business consortium, training and education providers for the	127999
reimbursement of eligible training expenses.	128000

Section 259.20.10. OHIO FILM OFFICE

128001

The Ohio Film Office shall promote media productions in the	128002
state and help the industry optimize its production experience in	128003
the state by enhancing local economies through increased	128004
employment and tax revenues and ensuring an accurate portrayal of	128005
Ohio. The Office shall serve as an informational clearinghouse and	128006
provide technical assistance to the media production industry and	128007
business entities engaged in media production in the state. The	128008
Office shall promote Ohio as the ideal site for media production	128009
and help those in the industry benefit from their experience in	128010
the state.	128011

The primary objective of the Office shall be to encourage	128012
development of a strong capital base for electronic media	128013
production in order to achieve an independent, self-supporting	128014
industry in Ohio. Other objectives shall include:	128015

(A) Attracting private investment for the electronic media	128016
production industry;	128017

(B) Developing a tax infrastructure that encourages private	128018
investment; and	128019

(C) Encouraging increased employment opportunities within	128020
this sector and increased competition with other states.	128021

Section 259.20.30. THIRD FRONTIER RESEARCH & DEVELOPMENT	128022
GENERAL OBLIGATION DEBT SERVICE	128023

The foregoing appropriation item 195905, Third Frontier	128024
Research & Development General Obligation Debt Service, shall be	128025
used to pay all debt service and related financing costs during	128026
the period from July 1, 2009, to June 30, 2011, on obligations	128027
issued for research and development purposes under sections 151.01	128028
and 151.10 of the Revised Code.	128029

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

128030

The foregoing appropriation item 195912, Job Ready Site	128031
Development General Obligation Debt Service, shall be used to pay	128032
all debt service and related financing costs during the period	128033
from July 1, 2009, to June 30, 2011, on obligations issued for job	128034
ready site development purposes under sections 151.01 and 151.11	128035
of the Revised Code.	128036

Section 259.20.40. SUPPORTIVE SERVICES

128037

The Director of Development may assess divisions of the	128038
department for the cost of central service operations. An	128039
assessment shall contain the characteristics of administrative	128040
ease and uniform application. A division's payments shall be	128041
credited to the Supportive Services Fund (Fund 1350) using an	128042
intrastate transfer voucher.	128043

ECONOMIC DEVELOPMENT CONTINGENCY

128044

The foregoing appropriation item 195677, Economic	128045
Development Contingency, may be used to award funds directly to	128046
either (1) business entities considering Ohio for expansion or new	128047
site location opportunities or (2) political subdivisions to	128048
assist with necessary costs involved in attracting a business	128049
entity. In addition, the Director of Development may award funds	128050
for alternative purposes when appropriate to satisfy an economic	128051
development opportunity or need deemed extraordinary in nature by	128052
the Director.	128053

DIRECT COST RECOVERY EXPENDITURES

128054

The foregoing appropriation item 195636, Direct Cost	128055
Recovery Expenditures, shall be used for reimbursable costs.	128056
Revenues to the General Reimbursement Fund (Fund 6850) shall	128057
consist of moneys charged for administrative costs that are not	128058
central service costs.	128059

Section 259.20.50. HEAP WEATHERIZATION

128060

Up to fifteen per cent of the federal funds deposited to the	128061
credit of the Home Energy Assistance Block Grant Fund (Fund 3K90)	128062
may be expended from appropriation item 195614, HEAP	128063
Weatherization, to provide home weatherization services in the	128064
state as determined by the Director of Development. Any transfers	128065
or increases in appropriation for the foregoing appropriation	128066
items 195614, HEAP Weatherization, or 195611, Home Energy	128067
Assistance Block Grant, shall be subject to approval by the	128068
Controlling Board.	128069

STATE SPECIAL PROJECTS

128070

The State Special Projects Fund (Fund 4F20), may be used for	128071
the deposit of private-sector funds from utility companies and	128072
for the deposit of other miscellaneous state funds. State moneys	128073
so deposited shall be used to match federal housing grants for the	128074
homeless and to market economic development opportunities in the	128075
state. Private-sector moneys shall be deposited for use in	128076
appropriation item 195699, Utility Provided Funds, and shall be	128077
used to (1) pay the expenses of verifying the income-eligibility	128078
of HEAP applicants, (2) leverage additional federal funds, (3)	128079
fund special projects to assist homeless individuals, (4) fund	128080
special projects to assist with the energy efficiency of	128081
households eligible to participate in the Percentage of Income	128082
Payment Plan, and (5) assist with training programs for agencies	128083
that administer low-income customer assistance programs.	128084

Section 259.20.60. TAX INCENTIVE PROGRAMS OPERATING

128085

The foregoing appropriation item 195630, Tax Incentive	128086
Programs, shall be used for the operating costs of the Office of	128087
Grants and Tax Incentives.	128088

Section 259.20.70. MINORITY BUSINESS ENTERPRISE LOAN

128089

All repayments from the Minority Development Financing	128090
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	128091
Program shall be deposited in the State Treasury to the credit of	128092
the Minority Business Enterprise Loan Fund (Fund 4W10). All	128093
operating costs of administering the Minority Business Enterprise	128094
Loan Fund shall be paid from the Minority Business Enterprise Loan	128095
Fund (Fund 4W10).	128096

MINORITY BUSINESS BONDING FUND

128097

Notwithstanding Chapters 122., 169., and 175. of the Revised	128098
Code, the Director of Development may, upon the recommendation of	128099
the Minority Development Financing Advisory Board, pledge up to	128100
$10,000,000 in the fiscal year 2010-fiscal year 2011 biennium of	128101
unclaimed funds administered by the Director of Commerce and	128102
allocated to the Minority Business Bonding Program under section	128103
169.05 of the Revised Code. The transfer of any cash by the	128104
Director of Budget and Management from the Department of	128105
Commerce's Unclaimed Funds Fund (Fund 5430) to the Department of	128106
Development's Minority Business Bonding Fund (Fund 4490) shall	128107
occur, if requested by the Director of Development, only if such	128108
funds are needed for payment of losses arising from the Minority	128109
Business Bonding Program, and only after proceeds of the initial	128110
transfer of $2,700,000 by the Controlling Board to the Minority	128111
Business Bonding Program has been used for that purpose. Moneys	128112
transferred by the Director of Budget and Management from the	128113
Department of Commerce for this purpose may be moneys in custodial	128114
funds held by the Treasurer of State. If expenditures are required	128115
for payment of losses arising from the Minority Business Bonding	128116
Program, such expenditures shall be made from appropriation item	128117
195623, Minority Business Bonding Contingency in the Minority	128118
Business Bonding Fund, and such amounts are hereby appropriated.	128119

Section 259.20.80. ALTERNATIVE FUEL TRANSPORTATION

128120

Of the foregoing appropriation item 195679, Alternative Fuel	128121
Transportation, not more than ten per cent shall be used by the	128122
Director of Development for administrative costs associated with	128123
the program under section 122.075 of the Revised Code.	128124

ADVANCED ENERGY FUND

128125

The foregoing appropriation item 195660, Advanced Energy	128126
Programs, shall be used to provide financial assistance to	128127
customers for eligible advanced energy projects for residential,	128128
commercial, and industrial business, local government, educational	128129
institution, nonprofit, and agriculture customers, and to pay for	128130
the program's administrative costs as provided in sections 4928.61	128131
to 4928.63 of the Revised Code and rules adopted by the Director	128132
of Development.	128133

GLOBAL ANALYST SETTLEMENT AGREEMENTS PAYMENTS

128134

All payments received by the state pursuant to a series of	128135
settlements with ten brokerage firms reached with the United	128136
States Securities and Exchange Commission, the National	128137
Association of Securities Dealers, the New York Stock Exchange,	128138
the New York Attorney General, and other state regulators	128139
(henceforth referred to as the "Global Analysts Settlement	128140
Agreements"), shall be deposited into the state treasury to the	128141
credit of the Economic Development Contingency Fund (Fund 5Y60).	128142
The fund shall be used by the Director of Development to support	128143
economic development projects. Moneys shall be awarded to either	128144
(1) business entities considering Ohio for expansion or new site	128145
location opportunities or (2) political subdivisions to assist	128146
with necessary costs involved in attracting a business entity. In	128147
addition, the Director of Development may award funds for	128148
alternative purposes when appropriate to satisfy an economic	128149
development opportunity or need deemed extraordinary by the	128150
Director. Grant funds may be expended only after the submission of	128151
a request to the Controlling Board by the Department outlining the	128152
planned use of the funds and the subsequent approval of the	128153
Controlling Board.	128154

VOLUME CAP ADMINISTRATION

128155

The foregoing appropriation item 195654, Volume Cap	128156
Administration, shall be used for expenses related to the	128157
administration of the Volume Cap Program. Revenues received by the	128158
Volume Cap Administration Fund (Fund 6170) shall consist of	128159
application fees, forfeited deposits, and interest earned from the	128160
custodial account held by the Treasurer of State.	128161

INNOVATION OHIO LOAN FUND

128162

The foregoing appropriation item 195664, Innovation Ohio,	128163
shall be used to provide for innovation Ohio purposes, including	128164
loan guarantees and loans under Chapter 166. and particularly	128165
sections 166.12 to 166.16 of the Revised Code.	128166

RESEARCH AND DEVELOPMENT

128167

The foregoing appropriation item 195665, Research and	128168
Development, shall be used to provide for research and development	128169
purposes, including loans, under Chapter 166. and particularly	128170
sections 166.17 to 166.21 of the Revised Code.	128171

Section 259.20.90. LOGISTICS AND DISTRIBUTION INFRASTRUCTURE

128172

The foregoing appropriation item 195698, Logistics and	128173
Distribution Infrastructure, shall be used for eligible logistics	128174
and distribution infrastructure projects as defined in section	128175
166.01 of the Revised Code. Any unexpended and unencumbered	128176
portion of the appropriation item at the end of fiscal year 2009	128177
is hereby reappropriated for the same purpose in fiscal year 2010,	128178
and any unexpended and unencumbered portion of the appropriation	128179
item at the end of fiscal year 2010 is hereby reappropriated for	128180
the same purpose in fiscal year 2011.	128181

Any unexpended and unencumbered portion of appropriation	128182
item 195649, Logistics and Distribution Infrastructure Taxable	128183
Bonds, in fiscal year 2010 is hereby reappropriated to the	128184
Department of Development for the same purpose in fiscal year	128185
2011.	128186

The Director of Budget and Management may approve written	128187
requests from the Director of Development for the transfer of	128188
appropriations between appropriation items 195698, Logistics and	128189
Distribution Infrastructure, and 195649, Logistics and	128190
Distribution Infrastructure Taxable Bonds, based upon awards	128191
recommended by the Director of Development. Such transfers shall	128192
be subject to approval by the Controlling Board.	128193

FACILITIES ESTABLISHMENT FUND

128194

The foregoing appropriation item 195615, Facilities	128195
Establishment (Fund 7037), shall be used for the purposes of the	128196
Facilities Establishment Fund under Chapter 166. of the Revised	128197
Code.	128198

Notwithstanding Chapter 166. of the Revised Code, an amount	128199
not to exceed $2,000,000 in cash each fiscal year may be	128200
transferred from the Facilities Establishment Fund (Fund 7037) to	128201
the Economic Development Financing Operating Fund (Fund 4510). The	128202
transfer is subject to Controlling Board approval under division	128203
(B) of section 166.03 of the Revised Code.	128204

Notwithstanding Chapter 166. of the Revised Code, an amount	128205
not to exceed $5,000,000 in cash each fiscal year may be	128206
transferred during the biennium from the Facilities Establishment	128207
Fund (Fund 7037) to the Urban Redevelopment Loans Fund (Fund 5D20)	128208
for the purpose of removing barriers to urban core redevelopment.	128209
The Director of Development shall develop program guidelines for	128210
the transfer and release of funds, including, but not limited to,	128211
the completion of all appropriate environmental assessments before	128212
state assistance is committed to a project. The transfers shall be	128213
subject to approval by the Controlling Board upon the submission	128214
of a request by the Department of Development.	128215

Notwithstanding Chapter 166. of the Revised Code, an amount	128216
not to exceed $3,000,000 in cash each fiscal year may be	128217
transferred from the Facilities Establishment Fund (Fund 7037) to	128218
the Rural Industrial Park Loan Fund (Fund 4Z60). The transfer is	128219
subject to Controlling Board approval under section 166.03 of the	128220
Revised Code.	128221

Notwithstanding Chapter 166. of the Revised Code, on the	128222
first day of July of each year of the biennium, or as soon as	128223
possible thereafter, the Director of Budget and Management, at the	128224
request of the Director of Development, may transfer $6,102,500	128225
in cash from the Facilities Establishment Fund (Fund 7037) to the	128226
General Revenue Fund. The amount transferred is hereby	128227
appropriated for each fiscal year in appropriation item 195412,	128228
Rapid Outreach Grants.	128229

Notwithstanding Chapter 166. of the Revised Code, on the	128230
first day of July of each year of the biennium, or as soon as	128231
possible thereafter, the Director of Budget and Management, at the	128232
request of the Director of Development, shall transfer $4,275,000	128233
cash from the Facilities Establishment Fund (Fund 7037) to the Job	128234
Development Initiatives Fund (Fund 5AD0). The amount transferred	128235
is hereby appropriated in each fiscal year in appropriation item	128236
195677, Economic Development Contingency.	128237

ALTERNATIVE FUEL TRANSPORTATION GRANT FUND

128238

Notwithstanding Chapter 166. of the Revised Code, an amount	128239
not to exceed $1,000,000 in cash in fiscal year 2010 and $500,000	128240
in cash in fiscal year 2011 shall be transferred from moneys in	128241
the Facilities Establishment Fund (Fund 7037) to the Alternative	128242
Fuel Transportation Grant Fund (Fund 5CG0) in the Department of	128243
Development.	128244

RURAL DEVELOPMENT INITIATIVE FUND

128245

(A)(1) The Rural Development Initiative Fund (Fund 5S80) is	128246
entitled to receive moneys from the Facilities Establishment Fund	128247
(Fund 7037). The Director of Development may make grants from the	128248
Rural Development Initiative Fund as specified in division (A)(2)	128249
of this section to eligible applicants in Appalachian counties and	128250
in rural counties in the state that are designated as distressed	128251
under section 122.25 of the Revised Code. Preference shall be	128252
given to eligible applicants located in Appalachian counties	128253
designated as distressed by the federal Appalachian Regional	128254
Commission.	128255

(2) The Director of Development shall make grants from the	128256
Rural Development Initiative Fund (Fund 5S80) only to eligible	128257
applicants who also qualify for and receive funding under the	128258
Rural Industrial Park Loan Program as specified in sections 122.23	128259
to 122.27 of the Revised Code. Eligible applicants shall use the	128260
grants for the purposes specified in section 122.24 of the Revised	128261
Code. All projects supported by grants from the fund are subject	128262
to Chapter 4115. of the Revised Code as specified in division (E)	128263
of section 166.02 of the Revised Code. The Director shall develop	128264
program guidelines for the transfer and release of funds. The	128265
release of grant moneys to an eligible applicant is subject to	128266
Controlling Board approval.	128267

(B) Notwithstanding Chapter 166. of the Revised Code, the	128268
Director of Budget and Management may transfer an amount not to	128269
exceed $3,000,000 in cash each fiscal year on an as-needed basis	128270
at the request of the Director of Development from the Facilities	128271
Establishment Fund (Fund 7037) to the Rural Development Initiative	128272
Fund (Fund 5S80). The transfer is subject to Controlling Board	128273
approval under section 166.03 of the Revised Code.	128274

CAPITAL ACCESS LOAN PROGRAM

128275

The foregoing appropriation item 195628, Capital Access Loan	128276
Program, shall be used for operating, program, and administrative	128277
expenses of the program. Funds of the Capital Access Loan Program	128278
shall be used to assist participating financial institutions in	128279
making program loans to eligible businesses that face barriers in	128280
accessing working capital and obtaining fixed-asset financing.	128281

Notwithstanding Chapter 166. of the Revised Code, the	128282
Director of Budget and Management may transfer an amount not to	128283
exceed $3,000,000 in cash each fiscal year on an as-needed basis	128284
at the request of the Director of Development from the Facilities	128285
Establishment Fund (Fund 7037) to the Capital Access Loan Program	128286
Fund (Fund 5S90). The transfer is subject to Controlling Board	128287
approval under section 166.03 of the Revised Code.	128288

Section 259.30.05. RAPID OUTREACH LOANS

128289

Of the foregoing appropriation item 195606, Rapid Outreach	128290
Loans, $15,000,000 in each fiscal year shall be used to provide	128291
financial assistance in the form of forgivable loans or grants for	128292
eligible projects in accordance with Chapter 166. of the Revised	128293
Code. Such loans or grants shall be awarded on the same basis as	128294
awards from appropriation item 195412, Rapid Outreach Grants, and	128295
shall be repaid in such a manner as determined by the Director of	128296
Development in accordance with section 166.22 of the Revised Code.	128297

When necessary, the Director of Budget and Management may	128298
transfer the cash arising from the issuance of obligations under	128299
section 166.08 of the Revised Code or from the funds mentioned in	128300
sections 166.20, 166.21, 166.25, and 166.26 of the Revised Code,	128301
into the Rapid Outreach Loan Fund (Fund 7022). The Director may	128302
make additional transfers on later dates as determined by the	128303
Director, in consultation with the Director of Development,	128304
provided the total amount of transfers does not exceed	128305
$30,000,000 for fiscal years 2010 and 2011.	128306

The foregoing appropriation item 195606, Rapid Outreach	128307
Loans, may be expended only after the submission of a request to	128308
the Controlling Board by the Department of Development outlining	128309
the planned use of the funds, and the subsequent approval of the	128310
request by the Controlling Board.	128311

Section 259.30.10. CLEAN OHIO OPERATING EXPENSES

128312

The foregoing appropriation item 195663, Clean Ohio	128313
Operating, shall be used by the Department of Development in	128314
administering sections 122.65 to 122.658 of the Revised Code.	128315

Section 259.30.20. THIRD FRONTIER RESEARCH AND DEVELOPMENT	128316
PROJECTS AND RESEARCH AND DEVELOPMENT TAXABLE BOND PROJECTS	128317

The foregoing appropriation items 195687, Third Frontier	128318
Research and Development Projects, and 195692, Research and	128319
Development Taxable Bond Projects, shall be used by the Department	128320
of Development to fund selected projects. Eligible costs are those	128321
costs of research and development projects to which the proceeds	128322
of the Third Frontier Research and Development Fund (Fund 7011)	128323
and the Research & Development Taxable Bond Project Fund (Fund	128324
7014) are to be applied.	128325

TRANSFERS OF THIRD FRONTIER APPROPRIATIONS

128326

The Director of Budget and Management may approve written	128327
requests from the Director of Development for the transfer of	128328
appropriations between appropriation items 195687, Third Frontier	128329
Research and Development Projects, and 195692, Research and	128330
Development Taxable Bond Projects, based upon awards recommended	128331
by the Third Frontier Commission. The transfers are subject to	128332
approval by the Controlling Board.	128333

On or before June 30, 2010, any unexpended and unencumbered	128334
portions of the foregoing appropriation items 195687, Third	128335
Frontier Research & Development Projects, and 195692, Research &	128336
Development Taxable Bond Projects, for fiscal year 2010 are	128337
hereby reappropriated to the Department of Development for the	128338
same purposes for fiscal year 2011.	128339

AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS

128340

The Ohio Public Facilities Commission, upon request of the	128341
Department of Development, is hereby authorized to issue and sell,	128342
in accordance with Section 2p of Article VIII, Ohio Constitution,	128343
and particularly sections 151.01 and 151.10 of the Revised Code,	128344
original obligations of the State of Ohio in an aggregate amount	128345
not to exceed $100,000,000 in addition to the original issuance of	128346
obligations authorized by prior acts of the General Assembly. The	128347
authorized obligations shall be issued and sold from time to time	128348
and in amounts necessary to ensure sufficient moneys to the	128349
credit of the Third Frontier Research and Development Fund (Fund	128350
7011) to pay costs of research and development projects.	128351

Section 259.30.30. JOB READY SITE OPERATING

128352

The foregoing appropriation item 195688, Job Ready Site	128353
Operating, shall be used for operating expenses incurred by the	128354
Department of Development in administering the Job Ready Sites	128355
Program authorized under sections 122.085 to 122.0820 of the	128356
Revised Code. Operating expenses include, but are not limited to,	128357
certain expenses of the District Public Works Integrating	128358
Committees, as applicable, engineering review of submitted	128359
applications by the State Architect or a third party engineering	128360
firm, audit and accountability activities, and costs associated	128361
with formal certifications verifying that site infrastructure is	128362
in place and is functional.	128363

Section 259.30.40. THIRD FRONTIER BIOMEDICAL RESEARCH AND	128364
COMMERCIALIZATION PROGRAM	128365

The General Assembly and the Governor recognize the role that	128366
the biomedical industry has in job creation, innovation, and	128367
economic development throughout Ohio. It is the intent of the	128368
General Assembly, the Governor, the Director of Development, and	128369
the Director of Budget and Management to work together in	128370
continuing to provide comprehensive state support for the	128371
biomedical industry as a whole through the Third Frontier	128372
Biomedical Research and Commercialization Program.	128373

Section 259.30.60. JOBS FUND CASH TRANSFER

128374

On June 30, 2011, or as soon as possible thereafter, the	128375
Director of Budget and Management shall transfer the unexpended	128376
and unencumbered cash balance in the Jobs Fund (Fund 5Z30) to the	128377
General Revenue Fund. Upon completion of the transfer, the Jobs	128378
Fund is abolished.	128379

Section 259.30.70. UNCLAIMED FUNDS TRANSFER

128380

(A) Notwithstanding division (A) of section 169.05 of the	128381
Revised Code, upon the request of the Director of Budget and	128382
Management, the Director of Commerce, before June 30, 2010, shall	128383
transfer to the Job Development Initiatives Fund (Fund 5AD0) an	128384
amount not to exceed $4,000,000 in cash of the unclaimed funds	128385
that have been reported by the holders of unclaimed funds under	128386
section 169.05 of the Revised Code, regardless of the allocation	128387
of the unclaimed funds described under that section.	128388

Notwithstanding division (A) of section 169.05 of the Revised	128389
Code, upon the request of the Director of Budget and Management,	128390
the Director of Commerce, before June 30, 2011, shall transfer to	128391
the Job Development Initiatives Fund (Fund 5AD0) an amount not to	128392
exceed $4,000,000 in cash of the unclaimed funds that have been	128393
reported by the holders of unclaimed funds under section 169.05	128394
of the Revised Code, regardless of the allocation of the	128395
unclaimed funds described under that section.	128396

(B) Notwithstanding division (A) of section 169.05 of the	128397
Revised Code, upon the request of the Director of Budget and	128398
Management, the Director of Commerce, before June 30, 2010, shall	128399
transfer to the State Special Projects Fund (Fund 4F20) an amount	128400
not to exceed $8,400,000 of the unclaimed funds that have been	128401
reported by the holders of unclaimed funds under section 169.05	128402
of the Revised Code, regardless of the allocation of the	128403
unclaimed funds described under that section.	128404

Notwithstanding division (A) of section 169.05 of the Revised	128405
Code, upon the request of the Director of Budget and Management,	128406
the Director of Commerce, prior to June 30, 2011, shall transfer	128407
to the State Special Projects Fund (Fund 4F20) an amount not to	128408
exceed $3,800,000 in cash of the unclaimed funds that have been	128409
reported by the holders of unclaimed funds under section 169.05	128410
of the Revised Code, regardless of the allocation of the	128411
unclaimed funds described under that section.	128412

Section 259.30.90. WORKFORCE DEVELOPMENT

128413

The Director of Development and the Director of Job and	128414
Family Services may enter into one or more interagency agreements	128415
between the two departments and take other actions the directors	128416
consider appropriate to further integrate workforce development	128417
into a larger economic development strategy, to implement the	128418
recommendations of the Workforce Policy Board, and to complete	128419
activities related to the transition of the administration of	128420
employment programs identified by the board. Subject to the	128421
approval of the Director of Budget and Management, the Department	128422
of Development and the Department of Job and Family Services may	128423
expend moneys to support the recommendations of the Workforce	128424
Policy Board in the area of integration of employment functions as	128425
described in this paragraph and to complete implementation and	128426
transition activities from the appropriations to those	128427
departments.	128428

Section 259.40.10. CORRECTIVE CASH TRANSFERS

128429

On July 1, 2009, or as soon as possible thereafter, the	128430
Director of Budget and Management, upon request from the Director	128431
of Development, shall transfer up to $130,000 in cash from the	128432
Low- and Moderate-Income Housing Trust Fund (Fund 6460) to the	128433
HOME Program Fund (Fund 3V10) to correct deposits that were	128434
mistakenly deposited in Fund 6460.	128435

On July 1, 2009, or as soon as possible thereafter, the	128436
Director of Budget and Management, upon request from the Director	128437
of Development, shall transfer up to $6,660 in cash from the Low-	128438
and Moderate-Income Housing Trust Fund (Fund 6460) to the	128439
Community Development Block Grant Fund (Fund 3K80) to correct	128440
deposits that were mistakenly deposited in Fund 6460.	128441

Section 259.40.20. DIESEL EMISSIONS REDUCTION GRANT PROGRAM

128442

Any unexpended and unencumbered balance of appropriation item	128443
195697, Diesel Emissions Reduction Grants, remaining at the end of	128444
fiscal year 2009, less amounts encumbered by the Department of	128445
Transportation for reimbursement of public entities for fiscal	128446
year 2009, is hereby reappropriated to the Department of	128447
Development for the same purpose in fiscal year 2010. Total	128448
expenditures of both the Department of Development and the	128449
Department of Transportation for the Diesel Emissions Reduction	128450
Grant Program in fiscal year 2010 shall not exceed the	128451
reappropriated amount.	128452

Section 261.10. OBD OHIO BOARD OF DIETETICS

128453

General Services Fund Group	128454

4K90	860609	Operating Expenses	$	311,067	$	311,067	128455
TOTAL GSF General Services Fund							128456
Group			$	311,067	$	311,067	128457
TOTAL ALL BUDGET FUND GROUPS			$	311,067	$	311,067	128458

Section 263.10. CDR COMMISSION ON DISPUTE RESOLUTION AND	128460
CONFLICT MANAGEMENT	128461

General Revenue Fund	128462

GRF	145401	Commission Operations	$	250,000	$	128463
TOTAL GRF General Revenue Fund			$	250,000	$	128464
TOTAL ALL BUDGET FUND GROUPS			$	250,000	$	128465

Section 265.10. EDU DEPARTMENT OF EDUCATION

128467

General Revenue Fund	128468

GRF	200100	Personal Services	$	10,490,789	$	10,723,972	128469
GRF	200320	Maintenance and Equipment	$	3,110,071	$	3,144,897	128470
GRF	200408	Early Childhood Education	$	23,268,341	$	23,268,341	128471
GRF	200416	Career-Technical Education Match	$	2,233,195	$	2,233,195	128472
GRF	200420	Computer/Application/ Network Development	$	4,880,871	$	4,880,871	128473
GRF	200421	Alternative Education Programs	$	7,814,479	$	7,918,749	128474
GRF	200422	School Management Assistance	$	1,950,521	$	3,230,469	128475
GRF	200424	Policy Analysis	$	356,311	$	361,065	128476
GRF	200425	Tech Prep Consortia Support	$	1,243,943	$	1,260,542	128477
GRF	200426	Ohio Educational Computer Network	$	20,156,602	$	20,425,556	128478
GRF	200427	Academic Standards	$	5,300,074	$	5,300,074	128479
GRF	200431	School Improvement Initiatives	$	7,294,175	$	7,391,503	128480
GRF	200437	Student Assessment	$	55,954,648	$	56,703,265	128481
GRF	200439	Accountability/Report Cards	$	3,804,673	$	3,804,673	128482
GRF	200442	Child Care Licensing	$	865,590	$	877,140	128483
GRF	200446	Education Management Information System	$	13,199,152	$	11,934,284	128484
GRF	200447	GED Testing	$	975,536	$	988,553	128485
GRF	200448	Educator Preparation	$	1,310,750	$	1,328,240	128486
GRF	200455	Community Schools	$	1,000,000	$	1,000,000	128487
GRF	200457	STEM Initiatives	$	5,000,000	$	5,000,000	128488
GRF	200458	School Employees Health Care Board	$	800,000	$	800,000	128489
GRF	200502	Pupil Transportation	$	448,022,619	$	462,822,619	128490
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	128491
GRF	200511	Auxiliary Services	$	111,979,388	$	111,979,388	128492
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	50,838,939	$	50,838,939	128493
GRF	200540	Special Education Enhancements	$	134,150,233	$	135,820,668	128494
GRF	200545	Career-Technical Education Enhancements	$	7,752,662	$	7,802,699	128495
GRF	200550	Foundation Funding	$	5,130,669,418	$	4,746,289,372	128496
GRF	200551	Foundation Funding – Federal Stimulus	$	387,583,913	$	457,449,362	128497
GRF	200578	Violence Prevention and School Safety	$	200,000	$	200,000	128498
GRF	200901	Property Tax Allocation - Education	$	1,053,262,363	$	1,020,655,157	128499
TOTAL GRF General Revenue Fund			$	7,504,569,256	$	7,175,533,593	128500

General Services Fund Group	128501

1380	200606	Computer Services-Operational Support	$	7,600,091	$	7,600,091	128502
4520	200638	Miscellaneous Educational Services	$	275,000	$	275,000	128503
4L20	200681	Teacher Certification and Licensure	$	8,013,206	$	8,147,756	128504
5960	200656	Ohio Career Information System	$	529,761	$	529,761	128505
5H30	200687	School District Solvency Assistance	$	18,000,000	$	18,000,000	128506
TOTAL GSF General Services							128507
Fund Group			$	34,418,058	$	34,552,608	128508

Federal Special Revenue Fund Group	128509

3090	200601	Educationally Disadvantaged Programs	$	8,405,512	$	8,405,512	128510
3670	200607	School Food Services	$	6,324,707	$	6,577,695	128511
3680	200614	Veterans' Training	$	778,349	$	793,846	128512
3690	200616	Career-Technical Education Federal Enhancement	$	5,000,000	$	5,000,000	128513
3700	200624	Education of Exceptional Children	$	2,664,000	$	2,755,000	128514
3740	200647	Troops to Teachers	$	100,000	$	100,000	128515
3780	200660	Learn and Serve	$	619,211	$	619,211	128516
3AF0	200603	Schools Medicaid Administrative Claims	$	639,000	$	639,000	128517
3AN0	200671	School Improvement Grants	$	17,909,676	$	17,936,675	128518
3AX0	200698	Improving Health and Educational Outcomes of Young People	$	630,954	$	630,954	128519
3BK0	200628	Longitudinal Data Systems	$	100,000	$	0	128520
3BV0	200636	Character Education	$	700,000	$	0	128521
3C50	200661	Early Childhood Education	$	14,189,711	$	14,554,749	128522
3CF0	200644	Foreign Language Assistance	$	25,000	$	0	128523
3CG0	200646	Teacher Incentive Fund	$	3,007,975	$	1,157,834	128524
3D10	200664	Drug Free Schools	$	13,347,966	$	13,347,966	128525
3D20	200667	Honors Scholarship Program	$	6,990,000	$	6,985,000	128526
3DJ0	200699	IDEA Part B - Federal Stimulus	$	218,868,026	$	218,868,026	128527
3DK0	200642	Title 1A - Federal Stimulus	$	186,336,737	$	186,336,737	128528
3DL0	200650	IDEA Preschool - Federal Stimulus	$	6,679,679	$	6,679,679	128529
3DM0	200651	Title IID Technology - Federal Stimulus	$	11,951,000	$	11,951,000	128530
3DP0	200652	Title I School Improvement - Federal Stimulus	$	54,221,000	$	54,221,000	128531
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	128532
3L60	200617	Federal School Lunch	$	295,421,000	$	310,150,675	128533
3L70	200618	Federal School Breakfast	$	80,850,000	$	84,892,500	128534
3L80	200619	Child/Adult Food Programs	$	89,250,000	$	93,712,500	128535
3L90	200621	Career-Technical Education Basic Grant	$	48,029,701	$	48,029,701	128536
3M00	200623	ESEA Title 1A	$	530,000,000	$	530,010,000	128537
3M10	200678	Innovative Education	$	1,000,000	$	0	128538
3M20	200680	Individuals with Disabilities Education Act	$	413,391,594	$	421,241,163	128539
3S20	200641	Education Technology	$	9,487,397	$	9,487,397	128540
3T40	200613	Public Charter Schools	$	14,275,618	$	14,291,353	128541
3Y20	200688	21st Century Community Learning Centers	$	36,000,000	$	36,000,000	128542
3Y40	200632	Reading First	$	27,366,373	$	24,455,172	128543
3Y60	200635	Improving Teacher Quality	$	101,778,397	$	101,778,400	128544
3Y70	200689	English Language Acquisition	$	8,142,299	$	8,142,299	128545
3Y80	200639	Rural and Low Income Technical Assistance	$	1,500,000	$	1,500,000	128546
3Z20	200690	State Assessments	$	12,923,799	$	12,923,799	128547
3Z30	200645	Consolidated Federal Grant Administration	$	8,499,279	$	8,499,280	128548
3Z70	200697	General Supervisory Enhancement Grant	$	887,319	$	0	128549
TOTAL FED Federal Special							128550
Revenue Fund Group			$	2,238,516,279	$	2,262,899,123	128551

State Special Revenue Fund Group	128552

4540	200610	Guidance and Testing	$	450,000	$	450,000	128553
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	128554
4R70	200695	Indirect Operational Support	$	6,050,000	$	6,250,000	128555
4V70	200633	Interagency Operational Support	$	1,111,838	$	1,117,725	128556
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	128557
5BB0	200696	State Action for Education Leadership	$	1,250,000	$	600,000	128558
5BJ0	200626	Half-Mill Maintenance Equalization	$	16,100,000	$	16,600,000	128559
5U20	200685	National Education Statistics	$	300,000	$	300,000	128560
5W20	200663	Early Learning Initiative	$	2,200,000	$	2,200,000	128561
5X90	200911	NGA STEM	$	100,000	$	0	128562
6200	200615	Educational Improvement Grants	$	3,000,000	$	3,000,000	128563
TOTAL SSR State Special Revenue							128564
Fund Group			$	55,890,748	$	55,846,635	128565

Lottery Profits Education Fund Group	128566

7017	200612	Foundation Funding	$	990,236,905	$	1,277,271,428	128567
TOTAL LPE Lottery Profits							128568
Education Fund Group			$	990,236,905	$	1,277,271,428	128569

Revenue Distribution Fund Group	128570

7047	200909	School District Property Tax Replacement-Business	$	1,150,207,366	$	1,150,207,366	128571
7053	200900	School District Property Tax Replacement-Utility	$	91,123,523	$	91,123,523	128572
TOTAL RDF Revenue Distribution							128573
Fund Group			$	1,241,330,889	$	1,241,330,889	128574
TOTAL ALL BUDGET FUND GROUPS			$	12,064,962,135	$	12,047,434,276	128575

Section 265.10.10. PERSONAL SERVICES

128577

The foregoing appropriation item 200100, Personal Services,	128578
may be used to pay fees for the Department's membership in the	128579
Education Commission of the States, an interstate nonprofit,	128580
nonpartisan organization that supports states with the development	128581
of education policy.	128582

Of the foregoing appropriation item 200100, Personal	128583
Services, up to $500,000 in each fiscal year shall be used to	128584
support administration and activities including travel, contract	128585
services, and other expenses of the Governor's Closing the	128586
Achievement Gap Initiative in the Department.	128587

Section 265.10.20. EARLY CHILDHOOD EDUCATION

128588

The Department of Education shall distribute the foregoing	128589
appropriation item 200408, Early Childhood Education, to pay the	128590
costs of early childhood education programs.	128591

(A) As used in this section:

128592

(1) "Provider" means a city, local, exempted village, or	128593
joint vocational school district, or an educational service	128594
center.	128595

(2) In the case of a city, local, or exempted village school	128596
district, "new eligible provider" means a district that did not	128597
receive state funding for Early Childhood Education in the	128598
previous fiscal year or demonstrates a need for early childhood	128599
programs as defined in division (D) of this section.	128600

(3) "Eligible child" means a child who is at least three	128601
years of age as of the district entry date for kindergarten, is	128602
not of the age to be eligible for kindergarten, and whose family	128603
earns not more than two hundred per cent of the federal poverty	128604
guidelines as defined in division (A)(3) of section 5101.46 of the	128605
Revised Code. Children with an Individualized Education Program	128606
and where the Early Childhood Education program is the least	128607
restrictive environment may be enrolled on their third birthday.	128608

(B) In each fiscal year, up to two per cent of the total	128609
appropriation may be used by the Department for program support	128610
and technical assistance. The Department shall distribute the	128611
remainder of the appropriation in each fiscal year to serve	128612
eligible children.	128613

(C) The Department shall provide an annual report to the	128614
Governor, the Speaker of the House of Representatives, and the	128615
President of the Senate and post the report to the Department's	128616
web site, regarding early childhood education programs operated	128617
under this section and the early learning program guidelines.	128618

(D) After setting aside the amounts to make payments due from	128619
the previous fiscal year, in fiscal year 2010, the Department	128620
shall distribute funds first to recipients of funds for early	128621
childhood education programs under Section 269.10.20 of Am. Sub.	128622
H.B. 119 of the 127th General Assembly in the previous fiscal year	128623
and the balance to new eligible providers of early childhood	128624
education programs under this section or to existing providers to	128625
serve more eligible children or for purposes of program	128626
expansion, improvement, or special projects to promote quality	128627
and innovation.	128628

After setting aside the amounts to make payments due from the	128629
previous fiscal year, in fiscal year 2011, the Department shall	128630
distribute funds first to providers of early childhood education	128631
programs under this section in the previous fiscal year and the	128632
balance to new eligible providers or to existing providers to	128633
serve more eligible children or for purposes of program	128634
expansion, improvement, or special projects to promote quality	128635
and innovation.	128636

Awards under this section shall be distributed on a per-pupil	128637
basis, and in accordance with division (H) of this section. The	128638
Department may adjust the per-pupil amount so that the per-pupil	128639
amount multiplied by the number of eligible children enrolled and	128640
receiving services, as defined by the Department, reported on the	128641
first day of December or the first business day following that	128642
date equals the amount allocated under this section.	128643

(E) Costs for developing and administering an early childhood	128644
education program may not exceed fifteen per cent of the total	128645
approved costs of the program.	128646

All providers shall maintain such fiscal control and	128647
accounting procedures as may be necessary to ensure the	128648
disbursement of, and accounting for, these funds. The control of	128649
funds provided in this program, and title to property obtained	128650
therefrom, shall be under the authority of the approved provider	128651
for purposes provided in the program unless, as described in	128652
division (J) of this section, the program waives its right for	128653
funding or a program's funding is eliminated or reduced due to its	128654
inability to meet financial or early learning program guidelines.	128655
The approved provider shall administer and use such property and	128656
funds for the purposes specified.	128657

(F) The Department may examine a provider's financial and	128658
program records. If the financial practices of the program are not	128659
in accordance with standard accounting principles or do not meet	128660
financial standards outlined under division (E) of this section,	128661
or if the program fails to substantially meet the early learning	128662
program guidelines or exhibits below average performance as	128663
measured against the guidelines, the early childhood education	128664
program shall propose and implement a corrective action plan that	128665
has been approved by the Department. The approved corrective	128666
action plan shall be signed by the chief executive officer and	128667
the executive of the official governing body of the provider. The	128668
corrective action plan shall include a schedule for monitoring by	128669
the Department. Such monitoring may include monthly reports,	128670
inspections, a timeline for correction of deficiencies, and	128671
technical assistance to be provided by the Department or obtained	128672
by the early childhood education program. The Department may	128673
withhold funding pending corrective action. If an early childhood	128674
education program fails to satisfactorily complete a corrective	128675
action plan, the Department may deny expansion funding to the	128676
program or withdraw all or part of the funding to the program and	128677
establish a new eligible provider through a selection process	128678
established by the Department.	128679

(G) Each early childhood education program shall do all of	128680
the following:	128681

(1) Meet teacher qualification requirements prescribed by	128682
section 3301.311 of the Revised Code;	128683

(2) Align curriculum to the early learning content standards	128684
developed by the Department;	128685

(3) Meet any child or program assessment requirements	128686
prescribed by the Department;	128687

(4) Require teachers, except teachers enrolled and working to	128688
obtain a degree pursuant to section 3301.311 of the Revised Code,	128689
to attend a minimum of twenty hours every two years of	128690
professional development as prescribed by the Department;	128691

(5) Document and report child progress as prescribed by the	128692
Department;	128693

(6) Meet and report compliance with the early learning	128694
program guidelines as prescribed by the Department.	128695

(H) Per-pupil funding for programs subject to this section	128696
shall be sufficient to provide eligible children with services	128697
for a standard early childhood schedule which shall be defined in	128698
this section as one-half of the statewide average length of the	128699
school day, as determined by the Department, for the minimum	128700
school year as defined in sections 3313.48, 3313.481, and 3313.482	128701
of the Revised Code. Nothing in this section shall be construed to	128702
prohibit program providers from utilizing other funds to serve	128703
eligible children in programs that exceed the statewide average	128704
length of the school day or that exceed the minimum school year.	128705
For any provider for which a standard early childhood education	128706
does not meet the local need or creates a hardship, the provider	128707
may submit a waiver to the Department requesting an alternate	128708
schedule. If the Department approves a waiver for an alternate	128709
schedule that provides services for less time than the standard	128710
early childhood education schedule, the Department shall reduce	128711
the provider's annual allocation proportionately. Under no	128712
circumstances shall an annual allocation be increased because of	128713
the approval of an alternate schedule.	128714

(I) Each provider shall develop a sliding fee scale based on	128715
family incomes and shall charge families who earn more than two	128716
hundred per cent of the federal poverty guidelines, as defined in	128717
division (A)(3) of section 5101.46 of the Revised Code, for the	128718
early childhood education program.	128719

(J) If an early childhood education program voluntarily	128720
waives its right for funding, or has its funding eliminated for	128721
not meeting financial standards or the early learning program	128722
guidelines, the provider shall transfer control of title to	128723
property, equipment, and remaining supplies obtained through the	128724
program to providers designated by the Department and return any	128725
unexpended funds to the Department along with any reports	128726
prescribed by the Department. The funding made available from a	128727
program that waives its right for funding or has its funding	128728
eliminated or reduced may be used by the Department for new grant	128729
awards or expansion grants. The Department may award new grants	128730
or expansion grants to eligible providers who apply. The eligible	128731
providers who apply must do so in accordance with the selection	128732
process established by the Department.	128733

(K) As used in this section, "early learning program	128734
guidelines" means the guidelines established by the Department	128735
pursuant to division (C)(3) of Section 206.09.54 of Am. Sub. H.B.	128736
66 of the 126th General Assembly.	128737

(L) Eligible expenditures for the Early Childhood Education	128738
program shall be claimed each fiscal year to help meet the state's	128739
TANF maintenance of effort requirement. The Superintendent of	128740
Public Instruction and the Director of Job and Family Services	128741
shall enter into an interagency agreement to carry out the	128742
requirements under this division, which shall include developing	128743
reporting guidelines for these expenditures.	128744

Section 265.10.23. EARLY CHILDHOOD CABINET

128745

The Governor shall appoint to the entity in the Office of the	128746
Governor known as the Early Childhood Cabinet a representative of	128747
a board of health of a city or general health district or an	128748
authority having the duties of a board of health under section	128749
3709.05 of the Revised Code. The Governor shall make the	128750
appointment not later than six months after the effective date of	128751
this section.	128752

Section 265.10.30. CAREER-TECHNICAL EDUCATION MATCH

128753

The foregoing appropriation item 200416, Career-Technical	128754
Education Match, shall be used by the Department of Education to	128755
provide vocational administration matching funds under 20 U.S.C.	128756
2311.	128757

COMPUTER/APPLICATION/NETWORK DEVELOPMENT

128758

The foregoing appropriation item 200420,	128759
Computer/Application/Network Development, shall be used to support	128760
the development and implementation of information technology	128761
solutions designed to improve the performance and services of the	128762
Department of Education. Funds may be used for personnel,	128763
maintenance, and equipment costs related to the development and	128764
implementation of these technical system projects. Implementation	128765
of these systems shall allow the Department to provide greater	128766
levels of assistance to school districts and to provide more	128767
timely information to the public, including school districts,	128768
administrators, and legislators. Funds may also be used to support	128769
data-driven decision-making and differentiated instruction, as	128770
well as to communicate academic content standards and curriculum	128771
models to schools through web-based applications.	128772

Section 265.10.40. ALTERNATIVE EDUCATION PROGRAMS

128773

The foregoing appropriation item 200421, Alternative	128774
Education Programs, shall be used for the renewal of successful	128775
implementation grants and for competitive matching grants to the	128776
21 urban school districts as defined in division (O) of section	128777
3317.02 of the Revised Code as it existed prior to July 1, 1998,	128778
and for the renewal of successful implementation grants and for	128779
competitive matching grants to rural and suburban school	128780
districts for alternative educational programs for existing and	128781
new at-risk and delinquent youth. Programs shall be focused on	128782
youth in one or more of the following categories: those who have	128783
been expelled or suspended, those who have dropped out of school	128784
or who are at risk of dropping out of school, those who are	128785
habitually truant or disruptive, or those on probation or on	128786
parole from a Department of Youth Services facility. Grants shall	128787
be awarded according to the criteria established by the	128788
Alternative Education Advisory Council in 1999. Grants shall be	128789
awarded only to programs in which the grant will not serve as the	128790
program's primary source of funding. These grants shall be	128791
administered by the Department of Education.	128792

The Department of Education may waive compliance with any	128793
minimum education standard established under section 3301.07 of	128794
the Revised Code for any alternative school that receives a grant	128795
under this section on the grounds that the waiver will enable the	128796
program to more effectively educate students enrolled in the	128797
alternative school.	128798

Of the foregoing appropriation item 200421, Alternative	128799
Education Programs, a portion may be used for program	128800
administration, monitoring, technical assistance, support,	128801
research, and evaluation.	128802

Section 265.10.50. SCHOOL MANAGEMENT ASSISTANCE

128803

Of the foregoing appropriation item 200422, School Management	128804
Assistance, $1,279,948 in fiscal year 2010 and $1,500,000 in	128805
fiscal year 2011 shall be used by the Auditor of State in	128806
consultation with the Department of Education for expenses	128807
incurred in the Auditor of State's role relating to fiscal	128808
caution, fiscal watch, and fiscal emergency activities as	128809
defined in Chapter 3316. of the Revised Code and may also be	128810
used by the Auditor of State to conduct performance audits of	128811
other school districts with priority given to districts in	128812
fiscal distress. Districts in fiscal distress shall be determined	128813
by the Auditor of State and shall include districts that the	128814
Auditor of State, in consultation with the Department of	128815
Education determines are employing fiscal practices or	128816
experiencing budgetary conditions that could produce a state of	128817
fiscal watch or fiscal emergency.	128818

The remainder of foregoing appropriation item 200422, School	128819
Management Assistance, shall be used by the Department of	128820
Education to provide fiscal technical assistance and inservice	128821
education for school district management personnel and to	128822
administer, monitor, and implement the fiscal caution, fiscal	128823
watch, and fiscal emergency provisions under Chapter 3316. of the	128824
Revised Code.	128825

Section 265.10.60. POLICY ANALYSIS

128826

The foregoing appropriation item 200424, Policy Analysis,	128827
shall be used by the Department of Education to support a system	128828
of administrative, statistical, and legislative education	128829
information to be used for policy analysis. Staff supported by	128830
this appropriation shall administer the development of reports,	128831
analyses, and briefings to inform education policymakers of	128832
current trends in education practice, efficient and effective use	128833
of resources, and evaluation of programs to improve education	128834
results. The database shall be kept current at all times. These	128835
research efforts shall be used to supply information and analysis	128836
of data to the General Assembly and other state policymakers,	128837
including the Office of Budget and Management and the Legislative	128838
Service Commission.	128839

The Department of Education may use funding from this	128840
appropriation item to purchase or contract for the development of	128841
software systems or contract for policy studies that will assist	128842
in the provision and analysis of policy-related information.	128843
Funding from this appropriation item also may be used to monitor	128844
and enhance quality assurance for research-based policy analysis	128845
and program evaluation to enhance the effective use of education	128846
information to inform education policymakers.	128847

A portion of the foregoing appropriation item 200424, Policy	128848
Analysis, may be used in conjunction with appropriation item	128849
200439, Accountability/Report Cards, to develop a fiscal	128850
reporting dimension, which shall contain fiscal data reported for	128851
the prior fiscal year, to the school report card for publication	128852
beginning in fiscal year 2011. The fiscal information contained	128853
therein shall be updated and reported annually in a form and in	128854
a manner as determined by the Department.	128855

TECH PREP CONSORTIA SUPPORT

128856

The foregoing appropriation item 200425, Tech Prep Consortia	128857
Support, shall be used by the Department of Education to support	128858
state-level activities designed to support, promote, and expand	128859
tech prep programs. Use of these funds shall include, but not be	128860
limited to, administration of grants, program evaluation,	128861
professional development, curriculum development, assessment	128862
development, program promotion, communications, and statewide	128863
coordination of tech prep consortia.	128864

Section 265.10.70. OHIO EDUCATIONAL COMPUTER NETWORK

128865

The foregoing appropriation item 200426, Ohio Educational	128866
Computer Network, shall be used by the Department of Education to	128867
maintain a system of information technology throughout Ohio and to	128868
provide technical assistance for such a system in support of the	128869
P-16 State Education Technology Plan developed under section	128870
3353.09 of the Revised Code.	128871

Of the foregoing appropriation item 200426, Ohio Educational	128872
Computer Network, up to $11,626,123 in fiscal year 2010 and	128873
$11,895,077 in fiscal year 2011 shall be used by the Department	128874
of Education to support connection of all public school buildings	128875
and participating chartered nonpublic schools to the state's	128876
education network, to each other, and to the Internet. In each	128877
fiscal year the Department of Education shall use these funds to	128878
assist information technology centers or school districts with	128879
the operational costs associated with this connectivity. The	128880
Department of Education shall develop a formula and guidelines	128881
for the distribution of these funds to information technology	128882
centers or individual school districts. As used in this section,	128883
"public school building" means a school building of any city,	128884
local, exempted village, or joint vocational school district, any	128885
community school established under Chapter 3314. of the Revised	128886
Code, any educational service center building used for	128887
instructional purposes, the Ohio School for the Deaf and the Ohio	128888
School for the Blind, or high schools chartered by the Ohio	128889
Department of Youth Services and high schools operated by Ohio	128890
Department of Rehabilitation and Corrections' Ohio Central School	128891
System.	128892

Of the foregoing appropriation item 200426, Ohio Educational	128893
Computer Network, up to $1,600,000 in each fiscal year shall be	128894
used for the Union Catalog and InfOhio Network and to support the	128895
provision of electronic resources with priority given to resources	128896
that support the teaching of state academic content standards in	128897
all public schools. Consideration shall be given by the Department	128898
of Education to coordinating the allocation of these moneys with	128899
the efforts of Libraries Connect Ohio, whose members include	128900
OhioLINK, the Ohio Public Information Network, and the State	128901
Library of Ohio.	128902

Of the foregoing appropriation item 200426, Ohio Educational	128903
Computer Network, up to $5,800,000 in each fiscal year shall be	128904
used, through a formula and guidelines devised by the Department,	128905
to subsidize the activities of designated information technology	128906
centers, as defined by State Board of Education rules, to provide	128907
school districts and chartered nonpublic schools with	128908
computer-based student and teacher instructional and	128909
administrative information services, including approved	128910
computerized financial accounting, and to ensure the effective	128911
operation of local automated administrative and instructional	128912
systems.	128913

The remainder of appropriation item 200426, Ohio Educational	128914
Computer Network, shall be used to support development,	128915
maintenance, and operation of a network of uniform and compatible	128916
computer-based information and instructional systems. This	128917
technical assistance shall include, but not be restricted to,	128918
development and maintenance of adequate computer software systems	128919
to support network activities. In order to improve the efficiency	128920
of network activities, the Department and information technology	128921
centers may jointly purchase equipment, materials, and services	128922
from funds provided under this appropriation for use by the	128923
network and, when considered practical by the Department, may	128924
utilize the services of appropriate state purchasing agencies.	128925

Section 265.10.80. ACADEMIC STANDARDS

128926

The foregoing appropriation item 200427, Academic Standards,	128927
shall be used by the Department of Education to develop, revise,	128928
and communicate to school districts academic content standards	128929
and curriculum models.	128930

Section 265.10.90. SCHOOL IMPROVEMENT INITIATIVES

128931

Of the foregoing appropriation item 200431, School	128932
Improvement Initiatives, up to $300,000 in each fiscal year may be	128933
used by the Department for administrative costs associated with	128934
middle school and high school reform programs.	128935

The remainder of the foregoing appropriation item 200431,	128936
School Improvement Initiatives, shall be used to support districts	128937
in the development and implementation of their continuous	128938
improvement plans as required in section 3302.04 of the Revised	128939
Code and to provide technical assistance and support in	128940
accordance with Title I of the "No Child Left Behind Act of	128941
2001," 115 Stat. 1425, 20 U.S.C. 6317.	128942

Section 265.20.10. STUDENT ASSESSMENT

128943

Of the foregoing appropriation item 200437, Student	128944
Assessment, up to $100,000 in each fiscal year may be used to	128945
support the assessments required under section 3301.0715 of the	128946
Revised Code.	128947

The remainder of appropriation item 200437, Student	128948
Assessment, shall be used to develop, field test, print,	128949
distribute, score, report results, and support other associated	128950
costs for the tests required under sections 3301.0710 and	128951
3301.0711 of the Revised Code and for similar purposes as required	128952
by section 3301.27 of the Revised Code. If funds remain in this	128953
appropriation after these purposes have been fulfilled, the	128954
Department may use the remainder of the appropriation to develop	128955
end-of-course exams.	128956

Section 265.20.15. (A) Notwithstanding anything to the	128957
contrary in section 3301.0710, 3301.0711, 3301.0715 or 3313.608 of	128958
the Revised Code, the administration of the English language arts	128959
assessments for elementary grades as a replacement for the	128960
separate reading and writing assessments prescribed by sections	128961
3301.0710 and 3301.0711 of the Revised Code, as those sections are	128962
amended by this act, shall not be required until a date prescribed	128963
by rule of the State Board of Education. Until that date, the	128964
Department of Education and school districts and schools shall	128965
continue to administer separate reading and writing assessments	128966
for elementary grades, as prescribed by the versions of sections	128967
3301.0710 and 3301.0711 of the Revised Code that were in effect	128968
prior to the effective date of this section. The intent for	128969
delaying implementation of the replacement English language arts	128970
assessment is to provide adequate time for the complete	128971
development of the new assessment.	128972

(B) Notwithstanding anything to the contrary in section	128973
3301.0710 of the Revised Code, the State Board shall not prescribe	128974
the three ranges of scores for the assessments prescribed by	128975
division (A)(2) of section 3301.0710 of the Revised Code, as	128976
amended by this act, until the Board adopts the rule required by	128977
division (A) of this section. Until that date, the Board shall	128978
continue to prescribe the five ranges of scores required by the	128979
version of section 3301.0710 of the Revised Code in effect prior	128980
to the effective date of this section, and the following apply:	128981

(1) The range of scores designated by the State Board as a	128982
proficient level of skill remains the passing score on the Ohio	128983
Graduation Tests for purposes of sections 3313.61, 3313.611,	128984
3313.612, and 3325.08 of the Revised Code;	128985

(2) The range of scores designated as a limited level of	128986
skill remains the standard for applying the third-grade reading	128987
guarantee under division (A) of section 3313.608 of the Revised	128988
Code;	128989

(3) The range of scores designated by the State Board as a	128990
proficient level of skill remains the standard for the summer	128991
remediation requirement of division (B)(2) of section 3313.608 of	128992
the Revised Code.	128993

(C) This section is not subject to expiration under Section	128994
809.10 of this act.	128995

Section 265.20.18. Notwithstanding anything to the contrary	128996
in sections 3301.0710 and 3301.0711 of the Revised Code, in the	128997
2009-2010 and 2010-2011 school years, the Department of Education	128998
shall not furnish, and school districts and schools shall not	128999
administer, the elementary writing and social studies achievement	129000
assessments prescribed by section 3301.0710 of the Revised Code,	129001
unless the Superintendent of Public Instruction determines the	129002
Department has sufficient funds to pay the costs of furnishing and	129003
scoring those assessments.	129004

Section 265.20.20. ACCOUNTABILITY/REPORT CARDS

129005

Of the foregoing appropriation item 200439,	129006
Accountability/Report Cards, a portion in each fiscal year may be	129007
used to train district and regional specialists and district	129008
educators in the use of the value-added progress dimension and in	129009
the use of data as it relates to improving student achievement.	129010
This training may include teacher and administrator professional	129011
development in the use of data to improve instruction and student	129012
learning, and teacher and administrator training in understanding	129013
teacher value-added reports and how they can be used as a	129014
component in measuring teacher and administrator effectiveness. A	129015
portion of this funding may be provided to a credible nonprofit	129016
organization with expertise in value-added progress dimensions.	129017

The remainder of appropriation item 200439,	129018
Accountability/Report Cards, shall be used by the Department to	129019
incorporate a statewide pilot value-added progress dimension into	129020
performance ratings for school districts and for the development	129021
of an accountability system that includes the preparation and	129022
distribution of school report cards and funding and expenditure	129023
accountability reports under sections 3302.03 and 3302.031 of the	129024
Revised Code.	129025

CHILD CARE LICENSING

129026

The foregoing appropriation item 200442, Child Care	129027
Licensing, shall be used by the Department of Education to license	129028
and to inspect preschool and school-age child care programs under	129029
sections 3301.52 to 3301.59 of the Revised Code.	129030

Section 265.20.30. EDUCATION MANAGEMENT INFORMATION SYSTEM

129031

The foregoing appropriation item 200446, Education Management	129032
Information System, shall be used by the Department of Education	129033
to improve the Education Management Information System (EMIS).	129034

Of the foregoing appropriation item 200446, Education	129035
Management Information System, up to $1,000,000 in fiscal year	129036
2010 and up to $810,000 in fiscal year 2011 shall be distributed	129037
to designated information technology centers for costs relating	129038
to processing, storing, and transferring data for the effective	129039
operation of the EMIS. These costs may include, but are not	129040
limited to, personnel, hardware, software development,	129041
communications connectivity, professional development, and	129042
support services, and to provide services to participate in the	129043
State Education Technology Plan developed under section 3353.09 of	129044
the Revised Code.	129045

Of the foregoing appropriation item 200446, Education	129046
Management Information System, up to $6,035,256 in fiscal year	129047
2010 and up to $4,960,388 in fiscal year 2011 shall be distributed	129048
on a per-pupil basis to school districts, community schools	129049
established under Chapter 3314. of the Revised Code, educational	129050
service centers, joint vocational school districts, and any other	129051
education entity that reports data through EMIS. From this	129052
funding, each school district or community school established	129053
under Chapter 3314. of the Revised Code with enrollment greater	129054
than 100 students and each vocational school district shall	129055
receive a minimum of $5,000 in each fiscal year. Each school	129056
district or community school established under Chapter 3314. of	129057
the Revised Code with enrollment between one and one hundred and	129058
each educational service center and each county board of MR/DD	129059
that submits data through EMIS shall receive $3,000 in each	129060
fiscal year. This subsidy shall be used for costs relating to	129061
reporting, processing, storing, transferring, and exchanging	129062
data necessary to meet requirements of the Department of	129063
Education's data system.	129064

The remainder of appropriation item 200446, Education	129065
Management Information System, shall be used to develop and	129066
support a common core of data definitions and standards as adopted	129067
by the Education Management Information System Advisory Board,	129068
including the ongoing development and maintenance of the data	129069
dictionary and data warehouse. In addition, such funds shall be	129070
used to support the development and implementation of data	129071
standards and the design, development, and implementation of a new	129072
data exchange system.	129073

Any provider of software meeting the standards approved by	129074
the Education Management Information System Advisory Board shall	129075
be designated as an approved vendor and may enter into contracts	129076
with local school districts, community schools, information	129077
technology centers, or other educational entities for the purpose	129078
of collecting and managing data required under Ohio's education	129079
management information system (EMIS) laws. On an annual basis, the	129080
Department of Education shall convene an advisory group of school	129081
districts, community schools, and other education-related entities	129082
to review the Education Management Information System data	129083
definitions and data format standards. The advisory group shall	129084
recommend changes and enhancements based upon surveys of its	129085
members, education agencies in other states, and current industry	129086
practices, to reflect best practices, align with federal	129087
initiatives, and meet the needs of school districts.	129088

School districts and community schools not implementing a	129089
common and uniform set of data definitions and data format	129090
standards for Education Management Information System purposes	129091
shall have all EMIS funding withheld until they are in compliance.	129092

Section 265.20.40. GED TESTING

129093

The foregoing appropriation item 200447, GED Testing, shall	129094
be used to provide General Educational Development (GED) testing	129095
under rules adopted by the State Board of Education. The	129096
Department of Education may reimburse in fiscal year 2010 school	129097
districts and community schools, created under Chapter 3314. of	129098
the Revised Code, for a portion of the costs incurred in	129099
providing summer instructional or intervention services to	129100
students who have not graduated because of their inability to	129101
pass one or more parts of the state's Ohio Graduation Test.	129102
School districts shall also provide such services to students	129103
who are residents of the district under section 3313.64 of the	129104
Revised Code, but who are enrolled in chartered, nonpublic	129105
schools. The services shall be provided in the public school, in	129106
nonpublic schools, in public centers, or in mobile units located	129107
on or off the nonpublic school premises. No school district shall	129108
provide summer instructional or intervention services to nonpublic	129109
school students as authorized by this section unless such services	129110
are available to students attending the public schools within the	129111
district. No school district shall provide services for use in	129112
religious courses, devotional exercises, religious training, or	129113
any other religious activity. Chartered, nonpublic schools shall	129114
pay for any unreimbursed costs incurred by school districts for	129115
providing summer instruction or intervention services to students	129116
enrolled in chartered, nonpublic schools. School districts may	129117
provide these services to students directly or contract with	129118
postsecondary or nonprofit community-based institutions in	129119
providing instruction.	129120

Section 265.20.50. EDUCATOR PREPARATION

129121

The foregoing appropriation item 200448, Educator	129122
Preparation, may be used by the Department to support the Educator	129123
Standards Board under section 3319.61 of the Revised Code as it	129124
develops and recommends to the State Board of Education standards	129125
for educator training and standards for teacher and other school	129126
leadership positions. Also, any remaining funds may be used by the	129127
Department to develop alternative preparation programs for school	129128
leaders and coordination of a career ladder for teachers.	129129

Section 265.20.60. COMMUNITY SCHOOLS

129130

The foregoing appropriation item 200455, Community Schools,	129131
may be used by the Department of Education for additional	129132
services and responsibilities under section 3314.11 of the	129133
Revised Code.	129134

Of the foregoing appropriation item 200455, Community	129135
Schools, a portion in each fiscal year may be used by the	129136
Department of Education for developing and conducting training	129137
sessions for community schools and sponsors and prospective	129138
sponsors of community schools as prescribed in division (A)(1) of	129139
section 3314.015 of the Revised Code. In developing the training	129140
sessions, the Department shall collect and disseminate examples	129141
of best practices used by sponsors of independent charter schools	129142
in Ohio and other states.	129143

STEM INITIATIVES

129144

The foregoing appropriation item 200457, STEM Initiatives,	129145
shall be distributed by the STEM Committee to STEM schools, STEM	129146
Programs of Excellence, or other initiatives that support	129147
innovative mathematics and science education and mathematics and	129148
science professional development for teachers. Such initiatives	129149
may include on-site laboratories, job-embedded professional	129150
development, and mentoring and coaching.	129151

SCHOOL EMPLOYEES HEALTH CARE BOARD

129152

The foregoing appropriation item 200458, School Employees	129153
Health Care Board, shall be used by the School Employees Health	129154
Care Board to hire staff to provide administrative support to the	129155
Board as the Board carries out its duties under section 9.901 of	129156
the Revised Code.	129157

Section 265.20.70. PUPIL TRANSPORTATION

129158

Of the foregoing appropriation item 200502, Pupil	129159
Transportation, up to $838,930 in each fiscal year may be used by	129160
the Department of Education for training prospective and	129161
experienced school bus drivers in accordance with training	129162
programs prescribed by the Department. Up to $60,469,220 in each	129163
fiscal year may be used by the Department of Education for	129164
special education transportation reimbursements to school	129165
districts and county MR/DD boards for transportation operating	129166
costs as provided in division (J) of section 3317.024 of the	129167
Revised Code.	129168

Of the foregoing appropriation item 200502, Pupil	129169
Transportation, $376,914,469 in each fiscal year shall be used to	129170
calculate the prorated portion of transportation aid to school	129171
districts and shall be distributed as provided by division (L)(1)	129172
of section 3306.12 of the Revised Code.	129173

The remainder of appropriation item 200502, Pupil	129174
Transportation, shall be used for additional transportation aid	129175
for school districts as provided by division (L)(2) of section	129176
3306.12 of the Revised Code.	129177

Section 265.20.80. SCHOOL LUNCH MATCH

129178

The foregoing appropriation item 200505, School Lunch Match,	129179
shall be used to provide matching funds to obtain federal funds	129180
for the school lunch program.	129181

Any remaining appropriation after providing matching funds	129182
for the school lunch program shall be used to partially reimburse	129183
school buildings within school districts that are required to have	129184
a school breakfast program under section 3313.813 of the Revised	129185
Code, at a rate decided by the Department.	129186

Section 265.20.90. AUXILIARY SERVICES

129187

The foregoing appropriation item 200511, Auxiliary Services,	129188
shall be used by the Department of Education for the purpose of	129189
implementing section 3317.06 of the Revised Code. Of the	129190
appropriation, up to $1,789,943 in each fiscal year may be used	129191
for payment of the Post-Secondary Enrollment Options Program for	129192
nonpublic students. Notwithstanding section 3365.10 of the	129193
Revised Code, the Department shall distribute funding according	129194
to rules adopted by the Department in accordance with Chapter 119.	129195
of the Revised Code.	129196

Section 265.30.10. NONPUBLIC ADMINISTRATIVE COST	129197
REIMBURSEMENT	129198

The foregoing appropriation item 200532, Nonpublic	129199
Administrative Cost Reimbursement, shall be used by the Department	129200
of Education for the purpose of implementing section 3317.063 of	129201
the Revised Code.	129202

Section 265.30.20. SPECIAL EDUCATION ENHANCEMENTS

129203

Of the foregoing appropriation item 200540, Special Education	129204
Enhancements, up to $2,206,875 in each fiscal year shall be used	129205
for home instruction for children with disabilities.	129206

Of the foregoing appropriation item 200540, Special Education	129207
Enhancements, up to $44,700,561 in fiscal year 2010 and up to	129208
$45,282,959 in fiscal year 2011 shall be used to fund special	129209
education and related services at county boards of developmental	129210
disabilities for eligible students under section 3317.20 of the	129211
Revised Code and at institutions for eligible students under	129212
section 3317.201 of the Revised Code. Notwithstanding the	129213
distribution formulas under sections 3317.20 and 3317.201 of the	129214
Revised Code, funding for MR/DD boards and institutions in fiscal	129215
year 2010 and fiscal year 2011 shall be determined by inflating	129216
the per pupil amount received by each MR/DD board and institution	129217
in the prior fiscal year by .75 per cent and providing that	129218
inflated per pupil amount for each student served in the current	129219
fiscal year.	129220

Of the foregoing appropriation item 200540, Special Education	129221
Enhancements, up to $1,333,468 in each fiscal year shall be used	129222
for parent mentoring programs.	129223

Of the foregoing appropriation item 200540, Special Education	129224
Enhancements, up to $2,537,824 in each fiscal year may be used	129225
for school psychology interns.	129226

The remainder of appropriation item 200540, Special Education	129227
Enhancements, shall be distributed by the Department of Education	129228
to county boards of developmental disabilities, educational	129229
service centers, and school districts for preschool special	129230
education units and preschool supervisory units under section	129231
3317.052 of the Revised Code. To the greatest extent possible,	129232
the Department of Education shall allocate these units to school	129233
districts and educational service centers.	129234

The Department may reimburse county MR/DD boards, educational	129235
service centers, and school districts for services provided by	129236
instructional assistants, related services as defined in rule	129237
3301-51-11 of the Administrative Code, physical therapy services	129238
provided by a licensed physical therapist or physical therapist	129239
assistant under the supervision of a licensed physical therapist	129240
as required under Chapter 4755. of the Revised Code and Chapter	129241
4755-27 of the Administrative Code and occupational therapy	129242
services provided by a licensed occupational therapist or	129243
occupational therapy assistant under the supervision of a licensed	129244
occupational therapist as required under Chapter 4755. of the	129245
Revised Code and Chapter 4755-7 of the Administrative Code.	129246
Nothing in this section authorizes occupational therapy assistants	129247
or physical therapist assistants to generate or manage their own	129248
caseloads.	129249

The Department of Education shall require school districts,	129250
educational service centers, and county MR/DD boards serving	129251
preschool children with disabilities to document child progress	129252
using research-based indicators prescribed by the Department and	129253
report results annually. The reporting dates and method shall be	129254
determined by the Department.	129255

Section 265.30.30. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

129256

Of the foregoing appropriation item 200545, Career-Technical	129257
Education Enhancements, up to $2,543,531 in fiscal year 2010 and	129258
up to $2,563,568 in fiscal year 2011 shall be used to fund	129259
secondary career-technical education at institutions.	129260

Of the foregoing appropriation item 200545, Career-Technical	129261
Education Enhancements, up to $2,138,281 in each fiscal year shall	129262
be used by the Department of Education to fund competitive grants	129263
to tech prep consortia that expand the number of students enrolled	129264
in tech prep programs. These grant funds shall be used to directly	129265
support expanded tech prep programs provided to students enrolled	129266
in school districts, including joint vocational school districts,	129267
and affiliated higher education institutions. This support may	129268
include the purchase of equipment.	129269

Of the foregoing appropriation item 200545, Career-Technical	129270
Education Enhancements, up to $2,800,850 in each fiscal year shall	129271
be used by the Department of Education to support existing High	129272
Schools That Work (HSTW) sites, develop and support new sites,	129273
fund technical assistance, and support regional centers and middle	129274
school programs. The purpose of HSTW is to combine challenging	129275
academic courses and modern career-technical studies to raise the	129276
academic achievement of students. HSTW provides intensive	129277
technical assistance, focused staff development, targeted	129278
assessment services, and ongoing communications and networking	129279
opportunities.	129280

Of the foregoing appropriation item 200545, Career-Technical	129281
Education Enhancements, up to $270,000 in fiscal year 2010 and up	129282
to $300,000 in fiscal year 2011 shall be used by the Department	129283
of Education to enable students in agricultural programs to enroll	129284
in a fifth quarter of instruction based on the agricultural	129285
education model of delivering work-based learning through	129286
supervised agricultural experience. The Department of Education	129287
shall determine eligibility criteria and the reporting process	129288
for the Agriculture 5th Quarter Project and shall fund as many	129289
programs as possible given the set aside.	129290

Section 265.30.40. FOUNDATION FUNDING

129291

The foregoing appropriation item 200550, Foundation Funding,	129292
includes $92,300,000 in fiscal year 2010 and $92,700,000 in fiscal	129293
year 2011 for the state education aid offset due to the change in	129294
public utility valuation as a result of Am. Sub. S.B. 3 and Am.	129295
Sub. S.B. 287, both of the 123rd General Assembly. For each fiscal	129296
year, this amount represents the greater of the total state	129297
education aid offset calculated for that fiscal year or for	129298
fiscal year 2009 due to the valuation change for school districts	129299
and the total state education aid offset calculated for fiscal	129300
year 2009 for joint vocational school districts from all relevant	129301
appropriation line item sources. Upon certification by the	129302
Department of Education, in consultation with the Department of	129303
Taxation, to the Director of Budget and Management of the actual	129304
state aid offsets, the cash transfer from the School District	129305
Property Tax Replacement - Utility Fund (Fund 7053) to the	129306
General Revenue Fund shall be decreased or increased by the	129307
Director of Budget and Management to match the certification in	129308
accordance with section 5727.84 of the Revised Code.	129309

The foregoing appropriation item 200550, Foundation Funding,	129310
includes $127,700,000 in fiscal year 2010 and $126,600,000 in	129311
fiscal year 2011 for the state education aid offset because of	129312
the changes in tangible personal property valuation as a result	129313
of Am. Sub. H.B. 66 of the 126th General Assembly. For each	129314
fiscal year, this amount represents the greater of the total	129315
state education aid offset calculated for that fiscal year or for	129316
fiscal year 2009 because of the valuation change for school	129317
districts and the total state education aid offset calculated for	129318
fiscal year 2009 for joint vocational school districts from all	129319
relevant appropriation item sources. Upon certification by the	129320
Department of Education of the actual state education aid offsets	129321
to the Director of Budget and Management, the cash transfer from	129322
the School District Tangible Property Tax Replacement - Business	129323
Fund (Fund 7047) to the General Revenue Fund shall be decreased	129324
or increased by the Director of Budget and Management to match	129325
the certification in accordance with section 5751.21 of the	129326
Revised Code.	129327

Of the foregoing appropriation item 200550, Foundation	129328
Funding, up to $425,000 shall be expended in each fiscal year for	129329
court payments under section 2151.362 of the Revised Code.	129330

Of the foregoing appropriation item 200550, Foundation	129331
Funding, up to $15,000,000 in each fiscal year shall be reserved	129332
for payments under sections 3317.026, 3317.027, and 3317.028 of	129333
the Revised Code except that the Controlling Board may	129334
increase the $15,000,000 amount if presented with such a request	129335
from the Department of Education.	129336

Of the foregoing appropriation item 200550, Foundation	129337
Funding, up to $8,100,000 in each fiscal year shall be used to	129338
fund gifted education units at educational service centers under	129339
division (L) of section 3317.024 of the Revised Code,	129340
notwithstanding divisions (D)(3) and (6) of section 3317.018 of	129341
the Revised Code.	129342

Of the foregoing appropriation item 200550, Foundation	129343
Funding, an amount shall be available in each fiscal year to be	129344
used by the Department of Education for transitional aid for	129345
school districts under section 3306.19 of the Revised Code.	129346

Of the foregoing appropriation item 200550, Foundation	129347
Funding, up to $10,000,000 in each fiscal year shall be used to	129348
provide additional state aid to school districts for special	129349
education students under division (C)(3) of section 3317.022 of	129350
the Revised Code, except that the Controlling Board may increase	129351
these amounts if presented with such a request from the	129352
Department of Education at the final meeting of the fiscal year;	129353
up to $2,000,000 in each fiscal year shall be reserved for Youth	129354
Services tuition payments under section 3317.024 of the Revised	129355
Code; and up to $46,400,000 in each fiscal year shall be	129356
reserved to fund the state reimbursement of educational service	129357
centers under section 3317.11 of the Revised Code and the	129358
section of this act entitled "EDUCATIONAL SERVICE CENTERS	129359
FUNDING."	129360

Of the foregoing appropriation item 200550, Foundation	129361
Funding, up to $1,000,000 in each fiscal year shall be used by the	129362
Department of Education for a program to pay for educational	129363
services for youth who have been assigned by a juvenile court or	129364
other authorized agency to any of the facilities described in	129365
division (A) of the section of this act entitled "PRIVATE	129366
TREATMENT FACILITY PROJECT."	129367

Of the foregoing appropriation item 200550, Foundation	129368
Funding, up to $8,686,000 in fiscal year 2010 and up to $8,722,860	129369
in fiscal year 2011 shall be used to operate school choice	129370
programs.	129371

Of the portion of the funds distributed to the Cleveland	129372
Municipal School District under this section, up to $11,901,887 in	129373
each fiscal year shall be used to operate the school choice	129374
program in the Cleveland Municipal School District under sections	129375
3313.974 to 3313.979 of the Revised Code. Notwithstanding	129376
divisions (B) and (C) of section 3313.978 and division (C) of	129377
section 3313.979 of the Revised Code, up to $1,000,000 in each	129378
fiscal year of this amount shall be used by the Cleveland	129379
Municipal School District to provide tutorial assistance as	129380
provided in division (H) of section 3313.974 of the Revised Code.	129381
The Cleveland Municipal School District shall report the use of	129382
these funds in the district's three-year continuous improvement	129383
plan as described in section 3302.04 of the Revised Code in a	129384
manner approved by the Department of Education.	129385

Of the foregoing appropriation item 200550, Foundation	129386
Funding, an amount shall be available in each fiscal year to be	129387
paid to joint vocational school districts in accordance with the	129388
section of this act entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	129389
DISTRICTS."	129390

Appropriation items 200502, Pupil Transportation, 200540,	129391
Special Education Enhancements, 200550, Foundation Funding, and	129392
200551, Foundation Funding - Federal Stimulus, other than	129393
specific set-asides, are collectively used in each fiscal year	129394
to pay state formula aid obligations for school districts,	129395
community schools, and joint vocational school districts under	129396
this act. The first priority of these appropriation items, with	129397
the exception of specific set-asides, is to fund state formula	129398
aid obligations. It may be necessary to reallocate funds among	129399
these appropriation items or use excess funds from other	129400
general revenue fund appropriation items in the Department of	129401
Education's budget in each fiscal year, in order to meet state	129402
formula aid obligations. If it is determined that it is	129403
necessary to transfer funds among these appropriation items or to	129404
transfer funds from other General Revenue Fund appropriations in	129405
the Department of Education's budget to meet state formula aid	129406
obligations, the Department of Education shall seek approval from	129407
the Controlling Board to transfer funds as needed.	129408

Section 265.30.45. STATE EDUCATION AID OFFSET

129409

Notwithstanding anything to the contrary in sections 5727.84	129410
to 5727.87 or sections 5751.20 to 5751.22 of the Revised Code,	129411
when calculating payments under those sections for fiscal years	129412
2010 and 2011:	129413

(A) The Department of Education shall use for each city,	129414
local, and exempted village school district for each fiscal year	129415
the greater of the respective "state education aid offset" amount	129416
calculated for the district for the current fiscal year or the	129417
respective "state education aid offset" amount calculated for the	129418
district for fiscal year 2009.	129419

(B) The Department shall use for each joint vocational	129420
school district for each fiscal year the respective "state	129421
education aid offset" amount calculated for the district for	129422
fiscal year 2009.	129423

Section 265.30.50. FUNDING FOR JOINT VOCATIONAL SCHOOL	129424
DISTRICTS	129425

(A) The Department of Education shall distribute funds within	129426
appropriation item 200550, Foundation Funding, for joint	129427
vocational funding in each fiscal year to each joint vocational	129428
school district that received joint vocational funding in fiscal	129429
year 2009. The Department shall distribute to each such district	129430
joint vocational funding in an amount equal to the district's	129431
joint vocational funding from the previous fiscal year inflated	129432
by .75 per cent.	129433

(B)(1) A district's fiscal year 2009 joint vocational	129434
funding equals the sum of the following, as reconciled by the	129435
Department:	129436

(a) Base-cost funding under division (B) of section 3317.16	129437
of the Revised Code;	129438

(b) Special education and related services additional	129439
weighted funding under division (D)(1) of section 3317.16 of the	129440
Revised Code;	129441

(c) Speech services funding under division (D)(2) of section	129442
3317.16 of the Revised Code;	129443

(d) Vocational education additional weighted funding under	129444
division (C) of section 3317.16 of the Revised Code;	129445

(e) GRADS funding under division (N) of section 3317.024 of	129446
the Revised Code;	129447

(f) Any transitional aid computed for the district under	129448
Section 269.30.90 of Am. Sub. H.B. 119 of the 127th General	129449
Assembly.	129450

(2) The joint vocational funding for each fiscal year for	129451
each district is the amount specified in division (A) or (B) of	129452
this section less any general revenue fund spending reductions	129453
ordered by the Governor under section 126.05 of the Revised Code.	129454

Section 265.30.70. VIOLENCE PREVENTION AND SCHOOL SAFETY

129455

The foregoing appropriation item 200578, Violence Prevention	129456
and School Safety, shall be used to fund a safe school center to	129457
provide resources for parents and for school and law enforcement	129458
personnel.	129459

Section 265.30.80. PROPERTY TAX ALLOCATION - EDUCATION

129460

The Superintendent of Public Instruction shall not request,	129461
and the Controlling Board shall not approve, the transfer of	129462
appropriation from appropriation item 200901, Property Tax	129463
Allocation - Education, to any other appropriation item.	129464

The appropriation item 200901, Property Tax Allocation -	129465
Education, is appropriated to pay for the state's costs incurred	129466
because of the homestead exemption, the property tax rollback, and	129467
payments required under division (C) of section 5705.2110 of the	129468
Revised Code. In cooperation with the Department of Taxation, the	129469
Department of Education shall distribute these funds directly to	129470
the appropriate school districts of the state, notwithstanding	129471
sections 321.24 and 323.156 of the Revised Code, which provide for	129472
payment of the homestead exemption and property tax rollback by	129473
the Tax Commissioner to the appropriate county treasurer and the	129474
subsequent redistribution of these funds to the appropriate local	129475
taxing districts by the county auditor.	129476

Upon receipt of these amounts, each school district shall	129477
distribute the amount among the proper funds as if it had been	129478
paid as real or tangible personal property taxes. Payments for the	129479
costs of administration shall continue to be paid to the county	129480
treasurer and county auditor as provided for in sections 319.54,	129481
321.26, and 323.156 of the Revised Code.	129482

Any sums, in addition to the amount specifically appropriated	129483
in appropriation items 200901, Property Tax Allocation -	129484
Education, for the homestead exemption and the property tax	129485
rollback payments, and payments required under division (C) of	129486
section 5705.2110 of the Revised Code, which are determined to be	129487
necessary for these purposes, are hereby appropriated.	129488

Section 265.30.83. EDUCATION TECHNOLOGY

129489

(A) As used in this section, "eligible entity" means an	129490
"eligible local entity" for purposes of the "Enhancing Education	129491
Through Technology Act of 2001," as defined in 20 U.S.C. 6753.	129492

(B) Notwithstanding anything in section 3353.20 of the	129493
Revised Code to the contrary, for fiscal years 2010 and 2011, the	129494
interactive distance learning pilot project required by that	129495
section shall be developed and administered only as prescribed by	129496
this section.	129497

Of the foregoing appropriation item 200641, Education	129498
Technology, the Department of Education, in each fiscal year,	129499
shall use the lesser of one-half of the amount of federal funds	129500
allocated to the state for the fiscal year as an Education	129501
Technology State Grant (CFDA 84.318) or $4,500,000 in	129502
collaboration with the eTech Ohio Commission to provide grants on	129503
a competitive basis to eligible entities for their participation	129504
in the interactive distance learning pilot project.	129505

An amount equal to the unexpended, unencumbered portion of	129506
this set aside at the end of fiscal year 2010 is hereby	129507
reappropriated to the Department of Education for fiscal year 2011	129508
to provide grants under this section.	129509

(1) The Department and the Commission shall enter into a	129510
memorandum of understanding giving the Commission the authority to	129511
set the grant criteria and to select the grant recipients and	129512
giving the Department all federal monitoring and compliance	129513
responsibilities. The memorandum of understanding also shall	129514
specify all of the following:	129515

(a) Administrative functions to be provided by each of the	129516
Department and the Commission and the distribution between the	129517
Department and the Commission of the costs associated with those	129518
functions;	129519

(b) The process that the Department shall use to draw down	129520
and transfer the funds necessary under this section in accordance	129521
with the "Cash Management Improvement Act of 1990," 31 U.S.C. 6501	129522
et seq. to support the Commission in its functions;	129523

(c) The amount that may be used for administration of the	129524
pilot project is limited to not more than five per cent of the	129525
total amount expended under this section.	129526

The memorandum of understanding shall comply with all	129527
relevant federal guidelines and regulations.	129528

(2) The Commission shall issue a request for proposals for	129529
awards to be issued before or during the 2009-2010 academic year.	129530

(3) The Commission shall limit the number of grants so that	129531
each grant recipient receives an amount that is sufficient to	129532
ensure full participation in the program. The Commission shall	129533
endeavor to award grants in a manner that ensures diversity among	129534
grant recipients according to geographical regions, economic	129535
scale, and school district size.	129536

(4) In awarding grants under this section, the Commission	129537
shall give priority to the following:	129538

(a) School districts for which advanced placement or foreign	129539
language course offerings make up less than one per cent of the	129540
district's total course offerings;	129541

(b) Schools and school districts that without additional	129542
assistance lack the necessary connectivity to offer interactive	129543
distance learning courses;	129544

(c) Schools and school districts that demonstrate commitment	129545
to appropriately supporting distance learning offerings, as	129546
determined satisfactory by the Commission, including but not	129547
limited to:	129548

(i) Enrolling a minimum number of students to participate in	129549
the distance learning classes;	129550

(ii) Committing the necessary personnel to facilitate and	129551
assist students with distance learning classes;	129552

(iii) Committing the necessary personnel capable of operating	129553
distance learning equipment.	129554

(d) Schools and school districts that without additional	129555
assistance lack the necessary equipment to offer interactive	129556
distance learning courses;	129557

(e) School districts that demonstrate that the course	129558
offerings will take place during the regular school day.	129559

(C) In implementing this section, the Commission shall do all	129560
of the following:	129561

(1) Solicit all eligible entities to participate in the	129562
program;	129563

(2) Require twenty-five per cent of any grant award to be	129564
used for professional development. This professional development	129565
shall include at least one component of training in the classroom.	129566
It also shall include any training conducted by the Commission	129567
that the Commission deems necessary to participate in the program.	129568

(3) Require that eligible entities awarded grants under this	129569
section use a percentage of their respective grant awards to	129570
contract with a vendor selected by the Commission for the	129571
development and offering of interactive distance learning courses;	129572

(4) Require each eligible entity submitting a proposal to	129573
specify the amount, if any, needed to purchase video conferencing	129574
telecommunications equipment and connectivity devices and the cost	129575
of upgrading the school.	129576

(5) Require each eligible entity submitting a proposal to	129577
specify the amount needed to upgrade its Internet service, if the	129578
school currently has a connection slower than 1.544 Mbits per	129579
second;	129580

(6) Assist eligible entities awarded grants in arranging for	129581
the purchase and installation of telecommunications equipment and	129582
connectivity devices.	129583

(D) In the development of, administration of, oversight of,	129584
and award of funds for the program, the Commission shall not be	129585
obligated for more than the amount appropriated.	129586

(E) In fiscal years 2010 and 2011, no school that is not an	129587
eligible entity shall be entitled to the items specified in	129588
divisions (A)(3) to (5) of section 3353.20 of the Revised Code.	129589
However, any student, teacher, or other school employee of a	129590
public or nonpublic school that is not awarded a grant under this	129591
section may participate in the interactive distance learning pilot	129592
project, as long as such participation does not impose an	129593
additional cost to the state, does not diminish the quality of	129594
project outcomes for those entities that are awarded grants, and	129595
aligns with federal regulations and guidelines.	129596

(F) The Superintendent of Public Instruction, the Chancellor	129597
of the Board of Regents, and the Commission shall submit the	129598
formative evaluation prescribed by division (G) of section 3353.20	129599
of the Revised Code.	129600

Section 265.30.90. TEACHER CERTIFICATION AND LICENSURE

129601

The foregoing appropriation item 200681, Teacher	129602
Certification and Licensure, shall be used by the Department of	129603
Education in each year of the biennium to administer and support	129604
teacher certification and licensure activities.	129605

SCHOOL DISTRICT SOLVENCY ASSISTANCE

129606

Of the foregoing appropriation item 200687, School District	129607
Solvency Assistance, $9,000,000 in each fiscal year shall be	129608
allocated to the School District Shared Resource Account and	129609
$9,000,000 in each fiscal year shall be allocated to the	129610
Catastrophic Expenditures Account. These funds shall be used to	129611
provide assistance and grants to school districts to enable them	129612
to remain solvent under section 3316.20 of the Revised Code.	129613
Assistance and grants shall be subject to approval by the	129614
Controlling Board. Any required reimbursements from school	129615
districts for solvency assistance shall be made to the appropriate	129616
account in the School District Solvency Assistance Fund (Fund	129617
5H30).	129618

Notwithstanding any provision of law to the contrary, upon	129619
the request of the Superintendent of Public Instruction, the	129620
Director of Budget and Management may make transfers to the School	129621
District Solvency Assistance Fund (Fund 5H30) from any fund used	129622
by the Department of Education or the General Revenue Fund to	129623
maintain sufficient cash balances in Fund 5H30 in fiscal years	129624
2010 and 2011. Any cash transferred is hereby appropriated. The	129625
transferred cash may be used by the Department of Education to	129626
provide assistance and grants to school districts to enable them	129627
to remain solvent and to pay unforeseeable expenses of a	129628
temporary or emergency nature that the school district is unable	129629
to pay from existing resources. The Director of Budget and	129630
Management shall notify the members of the Controlling Board of	129631
any such transfers.	129632

Section 265.40.10. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS

129633

Upon the request of the Superintendent of Public Instruction,	129634
the Director of Budget and Management may transfer up to $639,000	129635
cash in each fiscal year from the General Revenue Fund to the	129636
Schools Medicaid Administrative Claims Fund (Fund 3AF0). The	129637
transferred cash is to be used by the Department of Education to	129638
pay the expenses the Department incurs in administering the	129639
Medicaid School Component of the Medicaid program established	129640
under sections 5111.71 to 5111.715 of the Revised Code. On June 1	129641
of each fiscal year, or as soon as possible thereafter, the	129642
Director of Budget and Management shall transfer cash from Fund	129643
3AF0 back to the General Revenue Fund in an amount equal to the	129644
total amount transferred to Fund 3AF0 in that fiscal year.	129645

The money deposited into Fund 3AF0 under division (B) of	129646
section 5111.714 of the Revised Code is hereby appropriated for	129647
fiscal years 2010 and 2011 and shall be used in accordance with	129648
division (D) of section 5111.714 of the Revised Code.	129649

Section 265.40.20. READING FIRST

129650

The foregoing appropriation item 200632, Reading First,	129651
shall be used by school districts to administer federal diagnostic	129652
tests as well as other functions permitted by federal statute.	129653
Notwithstanding section 3301.079 of the Revised Code, federal	129654
diagnostic tests may be recognized as meeting the state diagnostic	129655
testing requirements outlined in section 3301.079 of the Revised	129656
Code.	129657

HALF-MILL MAINTENANCE EQUALIZATION

129658

The foregoing appropriation item 200626, Half-Mill	129659
Maintenance Equalization, shall be used to make payments pursuant	129660
to section 3318.18 of the Revised Code.	129661

Section 265.40.30. START-UP FUNDS

129662

Funds appropriated for the purpose of providing start-up	129663
grants to Title IV-A Head Start and Title IV-A Head Start Plus	129664
agencies in fiscal year 2004 and fiscal year 2005 for the	129665
provision of services to children eligible for Title IV-A services	129666
under the Title IV-A Head Start or Title IV-A Head Start Plus	129667
programs shall be reimbursed to the General Revenue Fund as	129668
follows:	129669

(A) If, for fiscal years 2010 or 2011, an entity that was a	129670
Title IV-A Head Start or Title IV-A Head Start Plus agency will	129671
not be an early learning agency or early learning provider, the	129672
entity shall repay the entire amount of the start-up grant it	129673
received in fiscal year 2004 and fiscal year 2005 not later than	129674
June 30, 2019, in accordance with a payment schedule agreed to	129675
by the Department of Education.	129676

(B) If an entity that was a Title IV-A Head Start or Title	129677
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	129678
2005 will be an early learning agency or early learning provider	129679
in fiscal year 2010 and fiscal year 2011, the entity shall be	129680
allowed to retain any amount of the start-up grant it received,	129681
unless division (D) of this section applies to the entity. In that	129682
case, the entity shall repay the entire amount of the obligation	129683
described in that division not later than June 30, 2019.	129684

(C) Within ninety days after the closure of an early learning	129685
agency or early learning provider that was a Title IV-A Head Start	129686
Plus agency in fiscal year 2004 or fiscal year 2005, the former	129687
Title IV-A Head Start agencies, Title IV-A Head Start Plus	129688
agencies, and the Department of Education shall determine the	129689
repayment schedule for amounts owed under division (A) of this	129690
section. These amounts shall be paid to the state not later than	129691
June 30, 2019.	129692

(D) If an entity that was a Title IV-A Head Start or Title	129693
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	129694
2005 owed the state any portion of the start-up grant amount	129695
during fiscal year 2006 or fiscal year 2007 but failed to repay	129696
the entire amount of the obligation by June 30, 2007, the entity	129697
shall be given an extension for repayment through June 30, 2019,	129698
before any amounts remaining due and payable to the state are	129699
referred to the Attorney General for collection under section	129700
131.02 of the Revised Code.	129701

(E) Any Title IV-A Head Start or Title IV-A Head Start Plus	129702
start-up grants that are retained by early learning agencies or	129703
early learning providers pursuant to this section shall be	129704
reimbursed to the General Revenue Fund when the early learning	129705
program ceases or if an early learning agency's or early learning	129706
provider's participation in the early learning program ceases or	129707
is terminated.	129708

Section 265.40.40. AUXILIARY SERVICES REIMBURSEMENT

129709

Notwithstanding section 3317.064 of the Revised Code, if the	129710
unexpended, unencumbered cash balance is sufficient, the Treasurer	129711
of State shall transfer $1,500,000 in fiscal year 2010 within	129712
thirty days after the effective date of this section, and	129713
$1,500,000 in fiscal year 2011 by August 1, 2010, from the	129714
Auxiliary Services Personnel Unemployment Compensation Fund to the	129715
Auxiliary Services Reimbursement Fund (Fund 5980) used by the	129716
Department of Education.	129717

Section 265.40.50. LOTTERY PROFITS EDUCATION FUND

129718

Appropriation item 200612, Foundation Funding (Fund 7017),	129719
shall be used in conjunction with appropriation item 200550,	129720
Foundation Funding (GRF), to provide state foundation payments to	129721
school districts.	129722

The Department of Education, with the approval of the	129723
Director of Budget and Management, shall determine the monthly	129724
distribution schedules of appropriation item 200550, Foundation	129725
Funding (GRF), and appropriation item 200612, Foundation Funding	129726
(Fund 7017). If adjustments to the monthly distribution schedule	129727
are necessary, the Department of Education shall make such	129728
adjustments with the approval of the Director of Budget and	129729
Management.	129730

Section 265.40.60. LOTTERY PROFITS EDUCATION RESERVE FUND

129731

(A) There is hereby created the Lottery Profits Education	129732
Reserve Fund (Fund 7018) in the State Treasury. Investment	129733
earnings of the Lottery Profits Education Reserve Fund shall be	129734
credited to the fund. The Superintendent of Public Instruction may	129735
certify cash balances exceeding $75,000,000 in Fund 7018 to the	129736
Director of Budget and Management in June of any given fiscal	129737
year. Prior to making the certification, the Superintendent of	129738
Public Instruction shall determine whether the funds above the	129739
$75,000,000 threshold are needed to help pay for foundation	129740
program obligations for that fiscal year.	129741

For fiscal years 2010 and 2011, notwithstanding any	129742
provisions of law to the contrary, amounts necessary to make loans	129743
authorized by sections 3317.0210, 3317.0211, and 3317.62 of the	129744
Revised Code are hereby appropriated to Fund 7018. Loan repayments	129745
from loans made in previous years shall be deposited to the	129746
fund.	129747

(B) On July 15, 2009, or as soon as possible thereafter, the	129748
Director of the Ohio Lottery Commission shall certify to the	129749
Director of Budget and Management the amount by which lottery	129750
profit transfers received by the Lottery Profits Education Fund	129751
(Fund 7017) exceeded $667,900,000 in fiscal year 2009. The	129752
Director of Budget and Management may transfer the amount so	129753
certified, plus the cash balance in Fund 7017, to Fund 7018.	129754

(C) On July 15, 2010, or as soon as possible thereafter, the	129755
Director of the Ohio Lottery Commission shall certify to the	129756
Director of Budget and Management the amount by which lottery	129757
profit transfers received by Fund 7017 exceeded $705,000,000 in	129758
fiscal year 2010. The Director of Budget and Management may	129759
transfer the amount so certified, plus the cash balance in Fund	129760
7017, to Fund 7018.	129761

(D) Any amounts transferred under division (B) or (C) of this	129762
section may be made available by the Controlling Board in fiscal	129763
years 2010 or 2011, at the request of the Superintendent of Public	129764
Instruction, to provide assistance and grants to school districts	129765
to enable them to remain solvent and to pay unforeseeable expenses	129766
of a temporary or emergency nature that they are unable to pay	129767
from existing resources under section 3316.20 of the Revised Code,	129768
and to provide state foundation payments to school districts.	129769

Section 265.40.70. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	129770
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047)	129771

Notwithstanding any provision of law to the contrary, in	129772
fiscal year 2010 and fiscal year 2011 the Director of Budget and	129773
Management may make temporary transfers between the General	129774
Revenue Fund and the School District Property Tax Replacement –	129775
Business Fund (Fund 7047) in the Department of Education to ensure	129776
sufficient balances in Fund 7047 and to replenish the General	129777
Revenue Fund for such transfers.	129778

Section 265.40.80. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	129779
BUSINESS	129780

The foregoing appropriation item 200909, School District	129781
Property Tax Replacement – Business, shall be used by the	129782
Department of Education, in consultation with the Department of	129783
Taxation, to make payments to school districts and joint	129784
vocational school districts under section 5751.21 of the Revised	129785
Code. If it is determined by the Director of Budget and	129786
Management that additional appropriations are necessary for this	129787
purpose, such amounts are hereby appropriated.	129788

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

129789

The foregoing appropriation item 200900, School District	129790
Property Tax Replacement-Utility, shall be used by the Department	129791
of Education, in consultation with the Department of Taxation, to	129792
make payments to school districts and joint vocational school	129793
districts under section 5727.85 of the Revised Code. If it is	129794
determined by the Director of Budget and Management that	129795
additional appropriations are necessary for this purpose, such	129796
amounts are hereby appropriated.	129797

DISTRIBUTION FORMULAS

129798

The Department of Education shall report the following to the	129799
Director of Budget and Management and the Legislative Service	129800
Commission:	129801

(A) Changes in formulas for distributing state	129802
appropriations, including administratively defined formula	129803
factors;	129804

(B) Discretionary changes in formulas for distributing	129805
federal appropriations;	129806

(C) Federally mandated changes in formulas for distributing	129807
federal appropriations.	129808

Any such changes shall be reported two weeks prior to the	129809
effective date of the change.	129810

Section 265.50.10. EDUCATIONAL SERVICE CENTERS FUNDING

129811

(A) As used in this section:

129812

(1) "Internet- or computer-based community school" has the	129813
same meaning as in section 3314.02 of the Revised Code.	129814

(2) "Service center ADM" has the same meaning as in section	129815
3317.11 of the Revised Code.	129816

(3) "STEM school" means a science, technology, engineering,	129817
and mathematics school established under Chapter 3326. of the	129818
Revised Code.	129819

(B) Notwithstanding division (F) of section 3317.11 of the	129820
Revised Code, no funds shall be provided under that division to an	129821
educational service center in either fiscal year for any pupils of	129822
a city or exempted village school district unless an agreement to	129823
provide services under section 3313.843 of the Revised Code was	129824
entered into by January 1, 1997, except that funds shall be	129825
provided to an educational service center for any pupils of a city	129826
school district if the agreement to provide services was entered	129827
into within one year of the date upon which such district changed	129828
from a local school district to a city school district.	129829

If an educational service center that entered into an	129830
agreement by January 1, 1997, with a city or exempted village	129831
school district to provide services under section 3313.843 of the	129832
Revised Code ceases to operate because all of the local school	129833
districts that constituted the territory of the service center	129834
have severed from the service center pursuant to section 3311.059	129835
of the Revised Code, another educational service center, by	129836
resolution of its governing board, may assume the obligations of	129837
the original service center to provide services to the city or	129838
exempted village school district under that agreement. If that	129839
other service center assumes those obligations to provide services	129840
to the city or exempted village school district, that service	129841
center shall be considered to be the service center that entered	129842
into the agreement by January 1, 1997, and, accordingly, may	129843
receive funds under division (F) of section 3317.11 of the Revised	129844
Code in accordance with this section in fiscal years 2010 and 2011	129845
for pupils of that city or exempted village school district.	129846

(C) Notwithstanding any provision of the Revised Code to the	129847
contrary, an educational service center that sponsors a community	129848
school under Chapter 3314. of the Revised Code in either fiscal	129849
year may include the students of that community school in its	129850
service center ADM for purposes of state funding under division	129851
(F) of section 3317.11 of the Revised Code, unless the community	129852
school is an Internet- or computer-based community school. A	129853
service center shall include the community school students in its	129854
service center ADM only to the extent that the students are not	129855
already so included, and only in accordance with guidelines issued	129856
by the Department of Education. If the students of a community	129857
school sponsored by an educational service center are included in	129858
the service center ADM of another educational service center,	129859
those students shall be removed from the service center ADM of the	129860
other educational service center and added to the service center	129861
ADM of the community school's sponsoring service center. The	129862
General Assembly authorizes this procedure as an incentive for	129863
educational service centers to take over sponsorship of community	129864
schools from the State Board of Education as the State Board's	129865
sponsorship is phased out in accordance with Sub. H.B. 364 of the	129866
124th General Assembly. No student of an Internet- or	129867
computer-based community school shall be counted in the service	129868
center ADM of any educational service center. The Department shall	129869
pay educational service centers under division (F) of section	129870
3317.11 of the Revised Code for community school students included	129871
in their service center ADMs under this division only if	129872
sufficient funds earmarked within appropriation item 200550,	129873
Foundation Funding, for payments under that division remain after	129874
first paying for students attributable to their local and client	129875
school districts, in accordance with divisions (B) and (E) of this	129876
section.	129877

(D) Notwithstanding division (C) of section 3326.45 of the	129878
Revised Code, the Department shall pay educational service centers	129879
under division (H) of section 3317.11 of the Revised Code for	129880
services provided to STEM schools only if sufficient funds	129881
earmarked within appropriation item 200550, Foundation Funding,	129882
for payments under that division remain after first paying for	129883
students attributable to the local and client school districts of	129884
the service centers and for community school students in their	129885
service center ADMs, in accordance with divisions (B), (C), and	129886
(E) of this section.	129887

(E) If insufficient funds are earmarked within appropriation	129888
item 200550, Foundation Funding, for the full amount of payments	129889
to educational service centers, as calculated under this section	129890
and section 3317.11 of the Revised Code, the Department shall	129891
allocate funding to the service centers in accordance with the	129892
same methodology the Department used for that purpose for fiscal	129893
year 2009.	129894

Section 265.50.20. WAIVER OF PUPIL TO TEACHER RATIO

129895

For the school year commencing July 1, 2009, or the school	129896
year commencing July 1, 2010, or both, the Superintendent of	129897
Public Instruction may waive for the board of education of any	129898
school district the ratio of teachers to pupils in kindergarten	129899
through fourth grade required under paragraph (A)(3) of rule	129900
3301-35-05 of the Administrative Code if the following conditions	129901
apply:	129902

(A) The board of education requests the waiver.

129903

(B) After the Department of Education conducts an on-site	129904
evaluation of the district related to meeting the required ratio,	129905
the board of education demonstrates to the satisfaction of the	129906
Superintendent of Public Instruction that providing the facilities	129907
necessary to meet the required ratio during the district's regular	129908
school hours with pupils in attendance would impose an extreme	129909
hardship on the district.	129910

(C) The board of education provides assurances that are	129911
satisfactory to the Superintendent of Public Instruction that the	129912
board will act in good faith to meet the required ratio as soon as	129913
possible.	129914

Section 265.50.30. PRIVATE TREATMENT FACILITY PROJECT

129915

(A) As used in this section:

129916

(1) The following are "participating residential treatment	129917
centers":	129918

(a) Private residential treatment facilities that have	129919
entered into a contract with the Department of Youth Services to	129920
provide services to children placed at the facility by the	129921
Department and which, in fiscal year 2010 or fiscal year 2011 or	129922
both, the Department pays through appropriation item 470401,	129923
RECLAIM Ohio;	129924

(b) Abraxas, in Shelby;

129925

129926

(d) Act One, in Akron;

129927

(e) F.I.R.S.T., in Mansfield.

129928

(2) "Education program" means an elementary or secondary	129929
education program or a special education program and related	129930
services.	129931

(3) "Served child" means any child receiving an education	129932
program pursuant to division (B) of this section.	129933

(4) "School district responsible for tuition" means a city,	129934
exempted village, or local school district that, if tuition	129935
payment for a child by a school district is required under law	129936
that existed in fiscal year 1998, is the school district required	129937
to pay that tuition.	129938

(5) "Residential child" means a child who resides in a	129939
participating residential treatment center and who is receiving an	129940
educational program under division (B) of this section.	129941

(B) A youth who is a resident of the state and has been	129942
assigned by a juvenile court or other authorized agency to a	129943
residential treatment facility specified in division (A) of this	129944
section shall be enrolled in an approved educational program	129945
located in or near the facility. Approval of the educational	129946
program shall be contingent upon compliance with the criteria	129947
established for such programs by the Department of Education. The	129948
educational program shall be provided by a school district or	129949
educational service center, or by the residential facility itself.	129950
Maximum flexibility shall be given to the residential treatment	129951
facility to determine the provider. In the event that a voluntary	129952
agreement cannot be reached and the residential facility does not	129953
choose to provide the educational program, the educational service	129954
center in the county in which the facility is located shall	129955
provide the educational program at the treatment center to	129956
children under twenty-two years of age residing in the treatment	129957
center.	129958

(C) Any school district responsible for tuition for a	129959
residential child shall, notwithstanding any conflicting provision	129960
of the Revised Code regarding tuition payment, pay tuition for the	129961
child for fiscal year 2010 and fiscal year 2011 to the education	129962
program provider and in the amount specified in this division. If	129963
there is no school district responsible for tuition for a	129964
residential child and if the participating residential treatment	129965
center to which the child is assigned is located in the city,	129966
exempted village, or local school district that, if the child were	129967
not a resident of that treatment center, would be the school	129968
district where the child is entitled to attend school under	129969
sections 3313.64 and 3313.65 of the Revised Code, that school	129970
district, notwithstanding any conflicting provision of the Revised	129971
Code, shall pay tuition for the child for fiscal year 2010 and	129972
fiscal year 2011 under this division unless that school district	129973
is providing the educational program to the child under division	129974
(B) of this section.	129975

A tuition payment under this division shall be made to the	129976
school district, educational service center, or residential	129977
treatment facility providing the educational program to the child.	129978

The amount of tuition paid shall be:

129979

(1) The amount of tuition determined for the district under	129980
division (A) of section 3317.08 of the Revised Code;	129981

(2) In addition, for any student receiving special education	129982
pursuant to an individualized education program as defined in	129983
section 3323.01 of the Revised Code, a payment for excess costs.	129984
This payment shall equal the actual cost to the school district,	129985
educational service center, or residential treatment facility of	129986
providing special education and related services to the student	129987
pursuant to the student's individualized education program, minus	129988
the tuition paid for the child under division (C)(1) of this	129989
section.	129990

A school district paying tuition under this division shall	129991
not include the child for whom tuition is paid in the district's	129992
average daily membership certified under division (A) of section	129993
3317.03 of the Revised Code.	129994

(D) In each of fiscal years 2010 and 2011, the Department of	129995
Education shall reimburse, from appropriations made for the	129996
purpose, a school district, educational service center, or	129997
residential treatment facility, whichever is providing the	129998
service, that has demonstrated that it is in compliance with the	129999
funding criteria for each served child for whom a school district	130000
must pay tuition under division (C) of this section. The amount of	130001
the reimbursement shall be the amount appropriated for this	130002
purpose divided by the full-time equivalent number of children for	130003
whom reimbursement is to be made.	130004

(E) Funds provided to a school district, educational service	130005
center, or residential treatment facility under this section shall	130006
be used to supplement, not supplant, funds from other public	130007
sources for which the school district, service center, or	130008
residential treatment facility is entitled or eligible.	130009

(F) The Department of Education shall track the utilization	130010
of funds provided to school districts, educational service	130011
centers, and residential treatment facilities under this section	130012
and monitor the effect of the funding on the educational programs	130013
they provide in participating residential treatment facilities.	130014
The Department shall monitor the programs for educational	130015
accountability.	130016

Section 265.50.40. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	130017
ASSESSMENT OF EDUCATION PROGRESS	130018

The General Assembly intends for the Superintendent of Public	130019
Instruction to provide for school district participation in the	130020
administration of the National Assessment of Education Progress in	130021
accordance with section 3301.27 of the Revised Code. Each school	130022
and school district selected for participation by the	130023
Superintendent of Public Instruction shall participate.	130024

Section 265.50.50. DEPARTMENT OF EDUCATION APPROPRIATION	130025
TRANSFERS FOR STUDENT ASSESSMENT	130026

In fiscal year 2010 and fiscal year 2011, if the	130027
Superintendent of Public Instruction determines that additional	130028
funds are needed to fully fund the requirements of Am. Sub. H.B. 3	130029
of the 125th General Assembly and this act for assessments of	130030
student performance, the Superintendent of Public Instruction may	130031
recommend the reallocation of unexpended and unencumbered General	130032
Revenue Fund appropriations within the Department of Education to	130033
appropriation item 200437, Student Assessment, to the Director of	130034
Budget and Management. If the Director of Budget and Management	130035
determines that such a reallocation is required, the Director of	130036
Budget and Management may transfer unexpended and unencumbered	130037
appropriations within the Department of Education as necessary to	130038
appropriation item 200437, Student Assessment. If these	130039
transferred appropriations are not sufficient to fully fund the	130040
assessment requirements in fiscal year 2010 or fiscal year 2011,	130041
the Superintendent of Public Instruction may request that the	130042
Controlling Board transfer up to $9,000,000 cash from the Lottery	130043
Profits Education Reserve Fund (Fund 7018) to the General Revenue	130044
Fund. Upon approval of the Controlling Board, these transferred	130045
funds are hereby appropriated for the same purpose as	130046
appropriation item 200437, Student Assessment.	130047

Section 265.50.53. DEPARTMENT OF EDUCATION APPROPRIATION	130048
TRANSFERS FOR SCHOOL MANAGEMENT ASSISTANCE	130049

In fiscal year 2010 and fiscal year 2011, if the	130050
Superintendent of Public Instruction determines that additional	130051
funds are needed to meet the reporting requirements of the federal	130052
American Recovery and Reinvestment Act, the Superintendent of	130053
Public Instruction may recommend the reallocation of unexpended	130054
and unencumbered General Revenue Fund appropriations within the	130055
Department of Education to appropriation item 200422, School	130056
Management Assistance, to the Director of Budget and Management.	130057
If the Director of Budget and Management determines that such a	130058
reallocation is required, the Director of Budget and Management	130059
may transfer unexpended and unencumbered appropriations within	130060
the Department of Education as necessary to appropriation item	130061
200422, School Management Assistance.	130062

Section 265.50.55. TRANSFER AND ADJUSTMENT OF ARRA STATE	130063
FISCAL STABILIZATION FUND APPROPRIATIONS	130064

The Director of Budget and Management, with the approval of	130065
the Controlling Board, may transfer appropriation between	130066
appropriation items 200550, Foundation Funding, and 200551,	130067
Foundation Funding – Federal Stimulus, in each fiscal year, upon	130068
the written request of the Superintendent of Public Instruction,	130069
to meet the maintenance of effort and use of funds provisions of	130070
the American Recovery and Reinvestment Act, including transferring	130071
appropriation between fiscal year 2010 and fiscal year 2011.	130072

Section 265.50.60. COMMUNITY SCHOOL FUNDING GUARANTEE FOR SBH	130073
STUDENTS	130074

(A) As used in this section:

130075

(1) "IEP" has the same meaning as in section 3323.01 of the	130076
Revised Code.	130077

(2) "SBH student" means a student receiving special education	130078
and related services for severe behavior disabilities pursuant to	130079
an IEP.	130080

(B) This section applies only to a community school	130081
established under Chapter 3314. of the Revised Code that in each	130082
of fiscal years 2010 and 2011 enrolls a number of SBH students	130083
equal to at least fifty per cent of the total number of students	130084
enrolled in the school in the applicable fiscal year.	130085

(C) In addition to any state foundation payments made, in	130086
each of fiscal years 2010 and 2011, the Department of Education	130087
shall pay to a community school to which this section applies a	130088
subsidy equal to the difference between the aggregate amount	130089
calculated and paid in that fiscal year to the community school	130090
for special education and related services additional weighted	130091
costs for the SBH students enrolled in the school and the	130092
aggregate amount that would have been calculated for the school	130093
for special education and related services additional weighted	130094
costs for those same students in fiscal year 2001. If the	130095
difference is a negative number, the amount of the subsidy shall	130096
be zero.	130097

(D) The amount of any subsidy paid to a community school	130098
under this section shall not be deducted from the school district	130099
in which any of the students enrolled in the community school are	130100
entitled to attend school under section 3313.64 or 3313.65 of the	130101
Revised Code. The amount of any subsidy paid to a community school	130102
under this section shall be paid from funds appropriated to the	130103
Department of Education in appropriation item 200550, Foundation	130104
Funding.	130105

Section 265.50.70. EARMARK ACCOUNTABILITY

130106

At the request of the Superintendent of Public Instruction,	130107
any entity that receives a budget earmark under the Department of	130108
Education shall submit annually to the chairpersons of the	130109
committees of the House of Representatives and the Senate	130110
primarily concerned with education and to the Department of	130111
Education a report that includes a description of the services	130112
supported by the funds, a description of the results achieved by	130113
those services, an analysis of the effectiveness of the program,	130114
and an opinion as to the program's applicability to other school	130115
districts. For an earmarked entity that received state funds from	130116
an earmark in the prior fiscal year, no funds shall be provided by	130117
the Department of Education to an earmarked entity for a fiscal	130118
year until its report for the prior fiscal year has been	130119
submitted.	130120

Section 265.50.80. PROHIBITION FROM OPERATING FROM HOME

130121

No community school established under Chapter 3314. of the	130122
Revised Code that was not open for operation as of May 1, 2005,	130123
shall operate from a home, as defined in section 3313.64 of the	130124
Revised Code.	130125

Section 265.50.90. EARLY COLLEGE START UP COMMUNITY SCHOOL

130126

(A) As used in this section:

130127

(1) "Big eight school district" has the same meaning as in	130128
section 3314.02 of the Revised Code.	130129

(2) "Early college high school" means a high school that	130130
provides students with a personalized learning plan based on an	130131
accelerated curriculum combining high school and college-level	130132
coursework.	130133

(B) Any early college high school that is operated by a big	130134
eight school district in partnership with a private university may	130135
operate as a new start-up community school under Chapter 3314. of	130136
the Revised Code beginning in the 2007-2008 school year, if all of	130137
the following conditions are met:	130138

(1) The governing authority and sponsor of the school enter	130139
into a contract in accordance with section 3314.03 of the Revised	130140
Code and, notwithstanding division (D) of section 3314.02 of the	130141
Revised Code, both parties adopt and sign the contract by July 9,	130142
2007.	130143

(2) Notwithstanding division (A) of section 3314.016 of the	130144
Revised Code, the school's governing authority enters into a	130145
contract with the private university under which the university	130146
will be the school's operator.	130147

(3) The school provides the same educational program the	130148
school provided while part of the big eight school district.	130149

Section 265.60.30. USE OF VOLUNTEERS

130150

The Department of Education may utilize the services of	130151
volunteers to accomplish any of the purposes of the Department.	130152
The Superintendent of Public Instruction shall approve for what	130153
purposes volunteers may be used and for these purposes may	130154
recruit, train, and oversee the services of volunteers. The	130155
Superintendent may reimburse volunteers for necessary and	130156
appropriate expenses in accordance with state guidelines and may	130157
designate volunteers as state employees for the purpose of motor	130158
vehicle accident liability insurance under section 9.83 of the	130159
Revised Code, for immunity under section 9.86 of the Revised Code,	130160
and for indemnification from liability incurred in the performance	130161
of their duties under section 9.87 of the Revised Code.	130162

Section 265.60.60. EDUCATOR STANDARDS BOARD

130163

(A) The State Board of Education shall appoint two teachers	130164
under division (A)(1)(a) of section 3319.60 of the Revised Code,	130165
as amended by this act, not later than sixty days after the	130166
effective date of this section. The term of office of the new	130167
secondary school teacher member shall expire July 1, 2011, and the	130168
term of office of the new elementary school teacher member shall	130169
expire July 1, 2012. Thereafter, the term of the additional	130170
secondary and elementary school teachers appointed to the Educator	130171
Standards Board shall be for two years.	130172

(B) The State Board of Education shall appoint a school	130173
district treasurer or business manager to the Educator Standards	130174
Board under division (A)(1)(c) of section 3319.60 of the Revised	130175
Code, as amended by this act, not later than sixty days after the	130176
effective date of this section. The term of office of that member	130177
shall expire July 1, 2012. Thereafter, the term of the school	130178
district treasurer or business manager appointed to the Educator	130179
Standards Board shall be for two years.	130180

(C) The State Board of Education shall appoint a parent to	130181
the Educator Standards Board under division (A)(1)(e) of section	130182
3319.60 of the Revised Code, as amended by this act, not later	130183
than sixty days after the effective date of this section. The term	130184
of office of that member shall expire July 1, 2011. Thereafter,	130185
the term of the parent representative appointed to the Educator	130186
Standards Board shall be for two years.	130187

(D) The higher education representatives appointed by the	130188
State Board of Education to the Educator Standards Board prior to	130189
the effective date of this section under former division (A)(5) of	130190
section 3319.60 of the Revised Code shall serve for the remainder	130191
of their terms. The Chancellor of the Ohio Board of Regents shall	130192
appoint higher education representatives to the Educator	130193
Standards Board under division (A)(2) of section 3319.60 of the	130194
Revised Code, as amended by this act, as the terms of the higher	130195
education representatives appointed under former division (A)(5)	130196
of that section expire, each for a term of two years. The	130197
Chancellor also shall fill any vacancies that occur during the	130198
term of a higher education representative appointed under former	130199
division (A)(5) of that section.	130200

Section 265.60.70. RESTRICTION OF LIABILITY FOR CERTAIN	130201
REIMBURSEMENTS	130202

(A) Except as expressly required under a court judgment not	130203
subject to further appeals, or a settlement agreement with a	130204
school district executed on or before June 1, 2009, in the case of	130205
a school district for which the formula ADM for fiscal year	130206
2005, as reported for that fiscal year under division (A) of	130207
section 3317.03 of the Revised Code, was reduced based on	130208
enrollment reports for community schools, made under section	130209
3314.08 of the Revised Code, regarding students entitled to	130210
attend school in the district, which reduction of formula ADM	130211
resulted in a reduction of foundation funding or transitional aid	130212
funding for fiscal year 2005, 2006, or 2007, no school district,	130213
except a district named in the court's judgment or the settlement	130214
agreement, shall have a legal claim for reimbursement of the	130215
amount of such reduction in foundation funding or transitional	130216
aid funding, and the state shall not have liability for	130217
reimbursement of the amount of such reduction in foundation	130218
funding or transitional aid funding.	130219

(B) As used in this section:

130220

(1) "Community school" means a community school established	130221
under Chapter 3314. of the Revised Code.	130222

(2) "Entitled to attend school" means entitled to attend	130223
school in a school district under section 3313.64 or 3313.65 of	130224
the Revised Code.	130225

(3) "Foundation funding" means payments calculated for the	130226
respective fiscal year under Chapter 3317. of the Revised Code.	130227

(4) "Transitional aid funding" means payments calculated for	130228
the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95	130229
of the 125th General Assembly, as subsequently amended; Section	130230
206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as	130231
subsequently amended; and Section 269.30.80 of Am. Sub. H.B. 119	130232
of the 127th General Assembly.	130233

Section 265.60.80. COMMITTEE TO UPDATE STANDARDS AND	130234
CURRICULA	130235

Not later than September 15, 2009, the State Board of	130236
Education shall convene a committee of national experts, state	130237
experts, and local practitioners to provide advice and guidance	130238
in the design of the updated standards and curricula required by	130239
section 3301.079 of the Revised Code, as amended by this act.	130240

Section 265.60.90. All duties, powers, obligations, and	130241
functions performed by, all rights exercised by, and the	130242
remaining unexpended, unencumbered balance of any money	130243
appropriated or reappropriated to the Department of	130244
Administrative Services with regard to the School Employees	130245
Health Care Board under section 9.901 of the Revised Code,	130246
whether obligated or unobligated, are transferred to the	130247
Department of Education on July 1, 2009. The Department of	130248
Education thereupon succeeds to, and shall assume, all duties,	130249
powers, obligations, and functions performed by, all rights	130250
exercised by, and the remaining unexpended, unencumbered balance	130251
of any money appropriated or reappropriated to the Department of	130252
Administrative Services with regard to the School Employees	130253
Health Care Board under section 9.901 of the Revised Code.	130254

Any aspect of the board's operations commenced but not	130255
completed by the Department of Administrative Services on July 1,	130256
2009, shall be completed by the Superintendent of Public	130257
Instruction or staff of the Department of Education in the same	130258
manner, and with the same effect, as if completed by the	130259
Department of Administrative Services or the staff of the	130260
Department of Administrative Services. Any validation, cure,	130261
right, privilege, remedy, obligation, or liability related to the	130262
board's operations is neither lost nor impaired by reason of the	130263
transfer and shall be administered by the Department of Education.	130264

All of the rules, orders, and determinations of the	130265
Department of Administrative Services in relation to the board's	130266
operations continue in effect as rules, orders, and determinations	130267
of the Superintendent of Public Instruction until modified or	130268
rescinded by the Superintendent. At the request of the	130269
Superintendent, and if necessary to ensure the integrity of the	130270
numbering of the Administrative Code, the Director of the	130271
Legislative Service Commission shall renumber the rules of the	130272
board to reflect the transfer to the Department of Education.	130273

The Department of Administrative Services and the	130274
Superintendent shall identify the employees of the board to be	130275
transferred to the Department of Education. The employees shall be	130276
transferred on July 1, 2009, or as soon as possible thereafter.	130277

Whenever the Department of Administrative Services is	130278
referred to in relation to the board in any law, contract, or	130279
other document, the reference shall be deemed to refer to the	130280
Department of Education in relation to the board.	130281

Any action or proceeding that is related to the board's	130282
operations and that is pending on the effective date of this	130283
section is not affected by the transfer and shall be prosecuted or	130284
defended in the name of the Superintendent or the Department of	130285
Education. In all such actions and proceedings, the Superintendent	130286
or the Department of Education, upon application to the court or	130287
agency, shall be substituted as a party.	130288

On or after July 1, 2009, notwithstanding any provision of	130289
law to the contrary, the Director of Budget and Management shall	130290
take any action with respect to budget changes made necessary by	130291
the transfer, including the creation of new funds and the	130292
consolidation of funds. The Director may transfer cash balances	130293
between funds. The Director may cancel encumbrances and	130294
re-establish encumbrances or parts of encumbrances as needed in	130295
the fiscal year in the appropriate fund and appropriation item for	130296
the same purpose and to the same vendor. As determined by the	130297
Director, encumbrances re-established in the fiscal year in a	130298
different fund or appropriation item used by an agency or between	130299
agencies are appropriated. The Director shall reduce each year's	130300
appropriation balances by the amount of the encumbrance canceled	130301
in their respective funds and appropriation item. Any unencumbered	130302
or unallocated appropriation balances from the previous fiscal	130303
year may be transferred to the appropriate appropriation item to	130304
be used for the same purposes, as determined by the Director.	130305

Section 265.70.10. CENTER FOR EARLY CHILDHOOD DEVELOPMENT

130306

(A) The Governor and the Superintendent of Public Instruction	130307
shall create the Center for Early Childhood Development in the	130308
Department of Education comprised of staff from the Department	130309
of Education, the Department of Job and Family Services, the	130310
Department of Health, and any other state agency as determined	130311
necessary by the Governor and the Superintendent. The Governor	130312
and the Superintendent also shall hire a Director of the Center	130313
who shall report to the Superintendent and the Governor. The	130314
Center, under the supervision of the Director, shall research and	130315
make recommendations about the coordination of early childhood	130316
programs and services for children, beginning with prenatal care	130317
and continuing until entry into kindergarten, and the eventual	130318
transfer of the authority to implement those programs and services	130319
from other state agencies to the Department of Education.	130320

(B) The Center for Early Childhood Development shall promote	130321
family-centered programs and services that acknowledge and support	130322
the social, emotional, cognitive, intellectual, and physical	130323
development of children and the vital role of families in ensuring	130324
the well-being and success of children.	130325

(C) The Director of the Center for Early Childhood	130326
Development, in partnership with staff from the Department of	130327
Education, the Department of Job and Family Services, the	130328
Department of Health, and any other state agency as determined	130329
necessary by the Governor and the Superintendent, and advised by	130330
the Early Childhood Advisory Council, shall submit an	130331
implementation plan to the Superintendent and the Governor not	130332
later than December 31, 2009. The implementation plan shall	130333
include research and recommendations regarding all of the	130334
following:	130335

(1) The identification of programs, services, and funding	130336
sources to be transferred from other state agencies to the	130337
Department of Education;	130338

(2) A new administrative structure within the Department of	130339
Education for the purpose of implementing early childhood	130340
programs and services;	130341

(3) Statutory changes necessary to implement the new	130342
administrative structure within the Department of Education;	130343

(4) A timeline for the transition from the current	130344
administrative structure within other state agencies to the new	130345
administrative structure within the Department of Education.	130346

(D) The Director of Budget and Management may seek	130347
Controlling Board approval to do any of the following to support	130348
the preparation of an implementation plan to create a new	130349
administrative structure for early childhood programs and	130350
services within the Department of Education:	130351

(1) Create new funds and non-GRF appropriation items;

130352

(2) Transfer cash between funds;

130353

(3) Transfer appropriations within the same fund used by the	130354
same state agency.	130355

Any transfers of cash approved by the Controlling Board under	130356
this section are hereby appropriated.	130357

Section 265.70.20. EARLY CHILDHOOD FINANCING WORKGROUP

130358

The Early Childhood Advisory Council shall establish an Early	130359
Childhood Financing Workgroup. The chairperson of the Early	130360
Childhood Advisory Council shall serve as chairperson of the Early	130361
Childhood Financing Workgroup. The Early Childhood Financing	130362
Workgroup shall develop recommendations that explore the	130363
implementation of a single financing system for early care and	130364
education programs that includes aligned payment mechanisms and	130365
consistent eligibility and co-payment policies. Not later than	130366
December 31, 2009, the Early Childhood Financing Workgroup shall	130367
submit its recommendations to the Governor. Upon the order of the	130368
Early Childhood Advisory Council, the Early Childhood Financing	130369
Workgroup shall cease to exist.	130370

Section 265.70.23. RECOMMENDATIONS FOR MINIMUM SCHOOL YEAR

130371

Not later than December 31, 2010, the Superintendent of	130372
Public Instruction shall submit to the General Assembly, in	130373
accordance with section 101.68 of the Revised Code, a report of	130374
the Superintendent's findings and recommendations on extending the	130375
school year.	130376

Section 265.70.40. MORATORIUM ON LOCAL SCHOOL DISTRICT	130377
RELOCATIONS TO DIFFERENT EDUCATIONAL SERVICE CENTERS	130378

Notwithstanding section 3311.059 of the Revised Code, as	130379
amended by this act, and notwithstanding Section 265.70.41 of this	130380
act, no severance of the territory of a local school district	130381
from the educational service center to which it currently belongs	130382
and annexation of that district's territory to an adjacent	130383
educational service center, as otherwise authorized under that	130384
section, shall be effective for the period beginning on the	130385
effective date of this section and ending July 1, 2011. All	130386
resolutions proposing such severance and annexation approved by	130387
the State Board of Education but not effective prior to July 1,	130388
2009, are hereby void. All resolutions proposing such severance	130389
and annexation pending on the effective date of this section are	130390
hereby void and shall not be considered by the State Board. If	130391
the board of education of a local school district with such a	130392
severance and annexation action pending or approved on the	130393
effective date of this section that is void under this section	130394
desires to have the action considered after July 1, 2011, the	130395
board shall adopt after that date a new resolution in the manner	130396
prescribed by section 3311.059 of the Revised Code. No local	130397
school district shall adopt a severance and annexation resolution	130398
under that section during the period beginning on the effective	130399
date of this section and ending July 1, 2011.	130400

Section 265.70.41. The amendments to section 3311.059 of	130401
the Revised Code enacted by this act shall apply to any	130402
resolution proposing the severance of a local school district	130403
from its current educational service center and annexation of	130404
the district to the territory of another service center pending	130405
before the State Board of Education on and after the effective	130406
date of this section.	130407

Section 265.70.50. (A) Not later than December 31, 2010, the	130408
Department of Education, in consultation with the Educator	130409
Standards Board, shall develop a model peer assistance and	130410
review program and shall develop recommendations to expand the	130411
use of peer assistance and review programs in school districts	130412
throughout the state.	130413

(B) In developing the model program required under this	130414
section, the Department shall review existing peer assistance and	130415
review programs in Ohio school districts and shall consult with	130416
the districts about the operation of those programs. The model	130417
program shall include the following elements:	130418

(1) Releasing experienced classroom teachers from	130419
instructional duties for up to three years to focus full-time on	130420
mentoring and evaluating new teachers and underperforming veteran	130421
teachers through classroom observations and follow-up meetings;	130422

(2) Professional development for new and underperforming	130423
teachers that is targeted at their instructional weaknesses;	130424

(3) A committee comprised of representatives of teachers and	130425
the employer to review teacher evaluations and make	130426
recommendations regarding the teachers' continued employment.	130427

(C) The recommendations required under this section shall	130428
include the following:	130429

(1) Identification of barriers to expansion of peer	130430
assistance and review programs, including financial constraints,	130431
labor-management relationships, and barriers unique to small	130432
school districts;	130433

(2) Legislative changes that would eliminate barriers to	130434
expansion of the programs;	130435

(3) Incentives to increase participation in the programs.

130436

(D) The Department shall provide copies of its model program	130437
and recommendations to the Governor, the President and Minority	130438
Leader of the Senate, the Speaker and Minority Leader of the	130439
House of Representatives, and the chairpersons and ranking	130440
minority members of the standing committees on education. The	130441
Department also shall make the model program and recommendations	130442
available to school districts and shall post them on its web	130443
site.	130444

Section 265.70.70. As used in this section, "all-day	130445
kindergarten" has the same meaning as in section 3321.05 of the	130446
Revised Code.	130447

Any school district or community school established under	130448
Chapter 3314. of the Revised Code that, in fiscal year 2009,	130449
offered all-day kindergarten and charged fees or tuition for	130450
students enrolled in all-day kindergarten in accordance with	130451
section 3321.01 of the Revised Code, as it existed prior to the	130452
effective date of this section, may charge fees or tuition for	130453
students enrolled in all-day kindergarten in fiscal years 2010 and	130454
2011, at a rate not higher than the per-student amount charged in	130455
fiscal year 2009 as specified in the sliding fee scale based on	130456
family incomes developed by the district or community school for	130457
that fiscal year. No district or community school shall charge	130458
fees or tuition for students enrolled in all-day kindergarten	130459
after fiscal year 2011.	130460

Section 265.70.80. Notwithstanding section 3306.31 of the	130461
Revised Code, in fiscal year 2010, the Governor's Closing the	130462
Achievement Gap Initiative shall work with those districts that	130463
have a three-year overall average graduation rate of 80 per cent	130464
or less to assist them in planning for the implementation of the	130465
program in fiscal year 2011. Districts that are currently	130466
participating in the program and that continue to have a	130467
three-year overall graduation rate of 80 per cent or less are	130468
encouraged to maintain existing programs during this planning	130469
period.	130470

Section 265.80.20. UNAUDITABLE COMMUNITY SCHOOL

130471

(A) If the Auditor of State or a public accountant, pursuant	130472
to section 117.41 of the Revised Code, declares a community school	130473
established under Chapter 3314. of the Revised Code to be	130474
unauditable, the Auditor of State shall provide written	130475
notification of that declaration to the school, the school's	130476
sponsor, and the Department of Education. The Auditor of State	130477
also shall post the notification on the Auditor of State's web	130478
site.	130479

(B) Notwithstanding any provision to the contrary in Chapter	130480
3314. of the Revised Code or any other provision of law, a sponsor	130481
of a community school that is notified by the Auditor of State	130482
under division (A) of this section that a community school it	130483
sponsors is unauditable shall not enter into contracts with any	130484
additional community schools under section 3314.03 of the Revised	130485
Code until the Auditor of State or a public accountant has	130486
completed a financial audit of that school.	130487

(C) Not later than forty-five days after receiving	130488
notification by the Auditor of State under division (A) of this	130489
section that a community school is unauditable, the sponsor of the	130490
school shall provide a written response to the Auditor of State.	130491
The response shall include the following:	130492

(1) An overview of the process the sponsor will use to review	130493
and understand the circumstances that led to the community school	130494
becoming unauditable;	130495

(2) A plan for providing the Auditor of State with the	130496
documentation necessary to complete an audit of the community	130497
school and for ensuring that all financial documents are available	130498
in the future;	130499

(3) The actions the sponsor will take to ensure that the plan	130500
described in division (C)(2) of this section is implemented.	130501

(D) If a community school fails to make reasonable efforts	130502
and continuing progress to bring its accounts, records, files, or	130503
reports into an auditable condition within ninety days after being	130504
declared unauditable, the Auditor of State, in addition to	130505
requesting legal action under sections 117.41 and 117.42 of the	130506
Revised Code, shall notify the Department of the school's failure.	130507
If the Auditor of State or a public accountant subsequently is	130508
able to complete a financial audit of the school, the Auditor of	130509
State shall notify the Department that the audit has been	130510
completed.	130511

(E) Notwithstanding any provision to the contrary in Chapter	130512
3314. of the Revised Code or any other provision of law, upon	130513
notification by the Auditor of State under division (D) of this	130514
section that a community school has failed to make reasonable	130515
efforts and continuing progress to bring its accounts, records,	130516
files, or reports into an auditable condition following a	130517
declaration that the school is unauditable, the Department shall	130518
immediately cease all payments to the school under Chapter 3314.	130519
of the Revised Code and any other provision of law. Upon	130520
subsequent notification from the Auditor of State under that	130521
division that the Auditor of State or a public accountant was able	130522
to complete a financial audit of the community school, the	130523
Department shall release all funds withheld from the school under	130524
this section.	130525

Section 265.80.30. (A) This section applies only to the	130526
contract for vocational education services, under section 3313.90	130527
of the Revised Code, between:	130528

(1) A local school district receiving the services under the	130529
contract, which was created under section 3311.26 of the Revised	130530
Code and began operating in fiscal year 2005;	130531

(2) Another local school district providing the services	130532
under the contract, the territory of which district had included	130533
the territory of the district described in division (A)(1) of this	130534
section prior to the creation of that district.	130535

(B) Notwithstanding anything to the contrary in rule	130536
3301-61-06 of the Administrative Code, a vocational education	130537
contract to which this section applies that expires on or before	130538
June 30, 2010, may be renewed one time for a term of less than	130539
five years.	130540

Section 265.80.40. Not later than January 29, 2010, the State	130541
Board of Education shall develop a list of best practices for	130542
improving parental involvement in schools that public and	130543
nonpublic schools may use to increase parental participation. The	130544
Department of Education shall make the list available to schools	130545
on its web site.	130546

Section 267.10. ELC OHIO ELECTIONS COMMISSION

130547

General Revenue Fund	130548

GRF	051321		Operating Expenses		$	343,420		$	343,420		130549
TOTAL GRF General Revenue Fund					$	343,420		$	343,420		130550

General Services Fund Group	130551

4P20	051601	Ohio Elections Commission Fund	$	250,000	$	255,000	130552
TOTAL GSF General Services Fund Group			$	250,000	$	255,000	130553
TOTAL ALL BUDGET FUND GROUPS			$	593,420	$	598,420	130554

Section 269.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL	130556
DIRECTORS	130557

General Services Fund Group	130558

4K90	881609	Operating Expenses	$	572,159	$	572,159	130559
TOTAL GSF General Services							130560
Fund Group			$	572,159	$	572,159	130561
TOTAL ALL BUDGET FUND GROUPS			$	572,159	$	572,159	130562

Section 271.10. PAY EMPLOYEE BENEFITS FUNDS

130564

Accrued Leave Liability Fund Group	130565

8060	995666	Accrued Leave Fund	$	65,200,000	$	67,200,000	130566
8070	995667	Disability Fund	$	27,400,000	$	28,100,000	130567
TOTAL ALF Accrued Leave Liability							130568
Fund Group			$	92,600,000	$	95,300,000	130569

Agency Fund Group	130570

1240	995673	Payroll Deductions	$	881,573,000	$	943,283,110	130571
8080	995668	State Employee Health Benefit Fund	$	551,795,580	$	598,643,430	130572
8090	995669	Dependent Care Spending Account	$	2,969,635	$	2,969,635	130573
8100	995670	Life Insurance Investment Fund	$	2,229,834	$	2,229,834	130574
8110	995671	Parental Leave Benefit Fund	$	3,900,000	$	4,000,000	130575
8130	995672	Health Care Spending Account	$	8,977,689	$	12,000,000	130576
8140	995674	Cost Savings Days	$	200,000,000	$	200,000,000	130577
TOTAL AGY Agency Fund Group			$	1,651,445,738	$	1,763,126,009	130578

TOTAL ALL BUDGET FUND GROUPS

1,744,045,738

1,858,426,009

130579

PAYROLL WITHHOLDING FUND TRANSFER

130580

On July 1, 2009, or as soon as possible thereafter, the	130581
Director of Budget and Management shall transfer $33,065.48 from	130582
the Payroll Withholding Fund (Fund 1240) to the General Revenue	130583
Fund. This amount represents the remaining balance in the Manual	130584
Emergency Payroll Account. After the transfer is completed, the	130585
Manual Emergency Payroll Account shall be closed.	130586

ACCRUED LEAVE LIABILITY FUND

130587

The foregoing appropriation item 995666, Accrued Leave Fund,	130588
shall be used to make payments from the Accrued Leave Liability	130589
Fund (Fund 8060) pursuant to section 125.211 of the Revised Code.	130590
If it is determined by the Director of Budget and Management that	130591
additional amounts are necessary, the amounts are hereby	130592
appropriated.	130593

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

130594

The foregoing appropriation item 995667, Disability Fund,	130595
shall be used to make payments from the State Employee Disability	130596
Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the	130597
Revised Code. If it is determined by the Director of Budget and	130598
Management that additional amounts are necessary, the amounts are	130599
hereby appropriated.	130600

PAYROLL WITHHOLDING FUND

130601

The foregoing appropriation item 995673, Payroll Deductions,	130602
shall be used to make payments from the Payroll Withholding Fund	130603
(Fund 1240). If it is determined by the Director of Budget and	130604
Management that additional appropriation amounts are necessary,	130605
the amounts are hereby appropriated.	130606

STATE EMPLOYEE HEALTH BENEFIT FUND

130607

The foregoing appropriation item 995668, State Employee	130608
Health Benefit Fund, shall be used to make payments from the State	130609
Employee Health Benefit Fund (Fund 8080) pursuant to section	130610
124.87 of the Revised Code. If it is determined by the Director of	130611
Budget and Management that additional amounts are necessary, the	130612
amounts are hereby appropriated.	130613

DEPENDENT CARE SPENDING FUND

130614

The foregoing appropriation item 995669, Dependent Care	130615
Spending Account, shall be used to make payments from the	130616
Dependent Care Spending Fund (Fund 8090) to employees eligible for	130617
dependent care expenses. If it is determined by the Director of	130618
Budget and Management that additional amounts are necessary, the	130619
amounts are hereby appropriated.	130620

LIFE INSURANCE INVESTMENT FUND

130621

The foregoing appropriation item 995670, Life Insurance	130622
Investment Fund, shall be used to make payments from the Life	130623
Insurance Investment Fund (Fund 8100) for the costs and expenses	130624
of the state's life insurance benefit program pursuant to section	130625
125.212 of the Revised Code. If it is determined by the Director	130626
of Budget and Management that additional amounts are necessary,	130627
the amounts are hereby appropriated.	130628

PARENTAL LEAVE BENEFIT FUND

130629

The foregoing appropriation item 995671, Parental Leave	130630
Benefit Fund, shall be used to make payments from the Parental	130631
Leave Benefit Fund (Fund 8110) to employees eligible for parental	130632
leave benefits pursuant to section 124.137 of the Revised Code. If	130633
it is determined by the Director of Budget and Management that	130634
additional amounts are necessary, the amounts are hereby	130635
appropriated.	130636

HEALTH CARE SPENDING ACCOUNT FUND

130637

The foregoing appropriation item 995672, Health Care	130638
Spending Account, shall be used to make payments from the Health	130639
Care Spending Account Fund (Fund 8130) for payments pursuant to	130640
state employees' participation in a flexible spending account	130641
for non-reimbursed health care expenses and section 124.821 of	130642
the Revised Code. If it is determined by the Director of	130643
Administrative Services that additional appropriation amounts are	130644
necessary, the Director of Administrative Services may request	130645
that the Director of Budget and Management increase such amounts.	130646
Such amounts are hereby appropriated.	130647

At the request of the Director of Administrative Services,	130648
the Director of Budget and Management may transfer up to $145,000	130649
from the General Revenue Fund to the Health Care Spending Account	130650
Fund during fiscal years 2010 and 2011. This cash shall be	130651
transferred as needed to provide adequate cash flow for the Health	130652
Care Spending Account Fund during fiscal year 2010 and fiscal year	130653
2011. If funds are available at the end of fiscal years 2010 and	130654
2011, the Director of Budget and Management shall transfer cash up	130655
to the amount previously transferred in the respective year, plus	130656
interest income, from the Health Care Spending Account (Fund	130657
8130) to the General Revenue Fund.	130658

COST SAVINGS DAYS

130659

The foregoing appropriation item, 995674, Cost Savings Days,	130660
shall be used by the Director of Budget and Management in	130661
accordance with division (E) of section 124.392 of the Revised	130662
Code to pay employees who participated in a mandatory cost savings	130663
program, or to reimburse employees who did not fully participate	130664
in a mandatory cost savings program by the close of each fiscal	130665
year. Notwithstanding any provision of law to the contrary, in	130666
fiscal year 2010 and fiscal year 2011, the Director may transfer	130667
agency savings achieved from the use of a mandatory cost savings	130668
program to the General Revenue Fund or any other fund as deemed	130669
necessary by the Director. The Director may make temporary	130670
transfers from the General Revenue Fund to ensure sufficient	130671
balances in the Cost Savings Fund and may reimburse the General	130672
Revenue Fund for such transfers. If the Director determines that	130673
additional amounts are necessary for these purposes, the amounts	130674
are hereby appropriated.	130675

Section 273.10. ERB STATE EMPLOYMENT RELATIONS BOARD

130676

General Revenue Fund	130677

GRF	125321		Operating Expenses		$	2,863,613		$	2,863,613		130678
TOTAL GRF General Revenue Fund					$	2,868,613		$	2,863,613		130679

General Services Fund Group	130680

5720	125603	Training and Publications	$	87,075	$	87,075	130681
TOTAL GSF General Services							130682
Fund Group			$	87,075	$	87,075	130683
TOTAL ALL BUDGET FUND GROUPS			$	2,950,688	$	2,950,688	130684

Section 273.20. CONSOLIDATION OF SERVICES WITH STATE	130686
EMPLOYMENT RELATIONS BOARD	130687

(A) Beginning on July 1, 2009, the Chairperson of the State	130688
Employment Relations Board is the appointing authority for all	130689
employees of the State Personnel Board of Review and the State	130690
Employment Relations Board. After conferring with the Chairperson	130691
of the State Personnel Board of Review, the Chairperson of the	130692
State Employment Relations Board shall identify the employees,	130693
equipment, assets, and records of the State Personnel Board of	130694
Review to be transferred to the State Employment Relations Board.	130695
The State Employment Relations Board and the State Personnel Board	130696
of Review shall enter into an interagency agreement to transfer to	130697
the State Employment Relations Board employees, equipment,	130698
assets, and records of the State Personnel Board of Review by July	130699
1, 2009, or as soon as possible thereafter. The agreement may	130700
include provisions to transfer property and any other provisions	130701
necessary for the continued administration of program activities.	130702
The employees of the State Personnel Board of Review that the	130703
Chairperson of the State Employment Relations Board identifies for	130704
transfer, and any equipment assigned to those employees, are	130705
hereby transferred to the State Employment Relations Board. Any	130706
employees of the State Personnel Board of Review so transferred	130707
shall retain the rights specified in sections 124.321 to 124.328	130708
of the Revised Code, and any employee transferred to the State	130709
Employment Relations Board retains the employee's respective	130710
classification, but the Chairperson of the State Employment	130711
Relations Board may reassign and reclassify the employee's	130712
position and compensation as the Chairperson determines to be in	130713
the interest of efficient office administration. Pursuant to	130714
division (B)(2)(b) of section 4117.02 of the Revised Code, as	130715
amended by this act, to the extent determined necessary by the	130716
Chairperson of the State Employment Relations Board, the State	130717
Personnel Board of Review shall utilize employees of the State	130718
Employment Relations Board in the exercise of the powers and the	130719
performance of the duties of the State Personnel Board of Review.	130720

(B) Effective July 1, 2009, and pursuant to section 124.03 of	130721
the Revised Code, the State Personnel Board of Review shall	130722
exercise its duties and exist as a separate entity within the	130723
State Employment Relations Board. The costs of the State	130724
Personnel Board of Review shall be supported by the foregoing	130725
appropriation item 125321, Operating Expenses.	130726

On July 1, 2009, or as soon as possible thereafter, the	130727
Director of Budget and Management shall transfer the cash balance	130728
of the Transcript and Other Documents Fund (Fund 6360) used by the	130729
State Personnel Board of Review to the Training, Publications,	130730
and Grants Fund (Fund 5720) used by the State Employment	130731
Relations Board. Upon completion of the transfer, Fund 6360 is	130732
abolished. The Director shall cancel any existing encumbrances	130733
against appropriation item 124601, Records and Reporting Support,	130734
and re-establish them against appropriation item 125603, Training	130735
and Publications. The re-established encumbrance amounts are	130736
hereby appropriated.	130737

Any business commenced but not completed under Fund 6360 by	130738
July 1, 2009, shall be completed under Fund 5720 in the same	130739
manner, and with the same effect, as if completed with regard to	130740
Fund 6360. No validation, cure, right, privilege, remedy,	130741
obligation, or liability is lost or impaired by reason of the	130742
transfer and shall be administered with regard to Fund 5720.	130743

On and after July 1, 2009, where the Transcript and Other	130744
Documents Fund is referred to in any statute, rule, contract,	130745
grant, or other document, the reference is hereby deemed to refer	130746
to the Training, Publications, and Grants Fund.	130747

Section 275.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

130748

General Services Fund Group	130749

4K90	892609	Operating Expenses	$	902,772	$	902,772	130750
TOTAL GSF General Services							130751
Fund Group			$	902,772	$	902,772	130752
TOTAL ALL BUDGET FUND GROUPS			$	902,772	$	902,772	130753

Section 277.10. EPA ENVIRONMENTAL PROTECTION AGENCY

130755

General Services Fund Group	130756

1990	715602	Laboratory Services	$	935,907	$	983,929	130757
2190	715604	Central Support Indirect	$	15,718,301	$	15,718,301	130758
4A10	715640	Operating Expenses	$	3,336,872	$	3,336,872	130759
TOTAL GSF General Services							130760
Fund Group			$	19,991,081	$	20,039,103	130761

Federal Special Revenue Fund Group	130762

3530	715612	Public Water Supply	$	2,933,812	$	2,941,282	130763
3540	715614	Hazardous Waste Management - Federal	$	4,193,000	$	4,193,000	130764
3570	715619	Air Pollution Control - Federal	$	6,282,777	$	6,310,203	130765
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	130766
3BU0	715684	Water Quality Protection	$	7,435,000	$	6,489,000	130767
3C50	715688	Federal NRD Settlements	$	100,000	$	100,000	130768
3F20	715630	Revolving Loan Fund - Operating	$	1,129,696	$	907,543	130769
3F30	715632	Federally Supported Cleanup and Response	$	2,159,486	$	2,159,551	130770
3F50	715641	Nonpoint Source Pollution Management	$	6,880,000	$	6,095,000	130771
3K40	715634	DOD Monitoring and Oversight	$	729,130	$	732,280	130772
3N40	715657	DOE Monitoring and Oversight	$	878,578	$	884,050	130773
3T30	715669	Drinking Water State Revolving Fund	$	2,238,848	$	2,273,323	130774
3V70	715606	Agencywide Grants	$	500,000	$	500,000	130775
TOTAL FED Federal Special Revenue							130776
Fund Group			$	35,572,201	$	33,697,106	130777

State Special Revenue Fund Group	130778

4J00	715638	Underground Injection Control	$	383,676	$	383,676	130779
4K20	715648	Clean Air - Non Title V	$	3,456,261	$	3,587,176	130780
4K30	715649	Solid Waste	$	14,282,845	$	14,282,845	130781
4K40	715650	Surface Water Protection	$	7,965,000	$	8,915,000	130782
4K40	715686	Environmental Lab Service	$	2,132,000	$	2,132,000	130783
4K50	715651	Drinking Water Protection	$	7,487,198	$	7,699,007	130784
4P50	715654	Cozart Landfill	$	100,000	$	100,000	130785
4R50	715656	Scrap Tire Management	$	5,125,000	$	5,125,000	130786
4R90	715658	Voluntary Action Program	$	852,141	$	852,141	130787
4T30	715659	Clean Air - Title V Permit Program	$	16,699,500	$	16,699,500	130788
4U70	715660	Construction and Demolition Debris	$	888,970	$	885,554	130789
5000	715608	Immediate Removal Special Account	$	437,798	$	437,798	130790
5030	715621	Hazardous Waste Facility Management	$	8,887,756	$	8,887,756	130791
5050	715623	Hazardous Waste Cleanup	$	11,955,989	$	11,955,989	130792
5050	715674	Clean Ohio Environmental Review	$	109,725	$	109,725	130793
5410	715670	Site Specific Cleanup	$	25,359	$	25,359	130794
5420	715671	Risk Management Reporting	$	135,964	$	135,964	130795
5920	715627	Anti Tampering Settlement	$	5,654	$	5,654	130796
5BC0	715617	Clean Ohio	$	741,000	$	741,000	130797
5BC0	715622	Local Air Pollution Control	$	1,827,000	$	2,035,000	130798
5BC0	715624	Surface Water	$	13,034,000	$	13,198,000	130799
5BC0	715667	Groundwater	$	1,594,000	$	1,594,000	130800
5BC0	715672	Air Pollution Control	$	7,269,000	$	7,607,000	130801
5BC0	715673	Drinking Water	$	3,838,000	$	3,838,000	130802
5BC0	715675	Hazardous Waste	$	116,000	$	116,000	130803
5BC0	715676	Assistance and Prevention	$	775,000	$	775,000	130804
5BC0	715677	Laboratory	$	1,454,000	$	1,454,000	130805
5BC0	715678	Corrective Actions	$	1,180,000	$	1,180,000	130806
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	130807
5BT0	715679	C&DD Groundwater Monitoring	$	200,000	$	203,800	130808
5BY0	715681	Auto Emissions Test	$	14,385,892	$	14,803,470	130809
5CD0	715682	Clean Diesel School Buses	$	600,000	$	600,000	130810
5H40	715664	Groundwater Support	$	1,872,193	$	1,884,247	130811
5N20	715613	Dredge and Fill	$	30,000	$	30,000	130812
5Y30	715685	Surface Water Improvement	$	2,000,000	$	500,000	130813
6440	715631	ER Radiological Safety	$	286,114	$	286,114	130814
6600	715629	Infectious Waste Management	$	100,000	$	100,000	130815
6760	715642	Water Pollution Control Loan Administration	$	4,610,529	$	4,832,682	130816
6780	715635	Air Toxic Release	$	174,600	$	179,746	130817
6790	715636	Emergency Planning	$	2,623,395	$	2,628,647	130818
6960	715643	Air Pollution Control Administration	$	750,000	$	750,000	130819
6990	715644	Water Pollution Control Administration	$	750,000	$	750,000	130820
6A10	715645	Environmental Education	$	1,500,000	$	1,500,000	130821
TOTAL SSR State Special Revenue Fund Group			$	143,091,559	$	144,256,850	130822

Clean Ohio Conservation Fund Group	130823

5S10	715607	Clean Ohio - Operating	$	291,174	$	291,174	130824
TOTAL CLF Clean Ohio Conservation Fund Group			$	291,174	$	291,174	130825
TOTAL ALL BUDGET FUND GROUPS			$	198,946,015	$	198,284,233	130826

AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT

130827

On July 1 of each fiscal year, or as soon as possible	130828
thereafter, the Director of Budget and Management shall transfer	130829
$14,385,892 in fiscal year 2010, and $14,803,470 in fiscal year	130830
2011 in cash from the General Revenue Fund to the Auto Emissions	130831
Test Fund (Fund 5BY0) for the operation and oversight of the auto	130832
emissions testing program.	130833

Effective September 30, 2009, or as soon as possible	130834
thereafter, the Director of Budget and Management shall transfer	130835
the cash balance in the Motor Vehicle Inspection and Maintenance	130836
Fund (Fund 6020) to Fund 5BY0. Fund 6020 is abolished in division	130837
(D) of section 3704.14 of the Revised Code as amended by this act.	130838

AREAWIDE PLANNING AGENCIES

130839

The Director of Environmental Protection Agency shall award	130840
grants from appropriation item 715687, Areawide Planning Agencies,	130841
to areawide planning agencies engaged in areawide water quality	130842
management and planning activities in accordance with Section 208	130843
of the "Federal Clean Water Act," 33 U.S.C. 1288.	130844

ENVIRONMENTAL REVIEW AND APPEALS

130845

The foregoing appropriation item 715690, Environmental Review	130846
Appeals, shall be used to support the Environmental Review Appeals	130847
Commission.	130848

CORRECTIVE CASH TRANSFER FOR COPPERWELD BANKRUPTCY SETTLEMENT

130849

On July 1, 2009, or as soon as possible thereafter, the	130850
Director of Budget and Management shall transfer $1,323,933.19 in	130851
cash, which the Agency received from the Copperweld bankruptcy	130852
settlement, that was mistakenly deposited in the Hazardous Waste	130853
Cleanup Fund (Fund 5050) to the Environmental Protection	130854
Remediation Fund (Fund 5410).	130855

Section 279.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

130856

General Revenue Fund	130857

GRF	172321	Operating Expenses	$	487,000	$	487,000	130858
TOTAL GRF General Revenue Fund			$	487,000	$	487,000	130859
TOTAL ALL BUDGET FUND GROUPS			$	487,000	$	487,000	130860

Section 281.10. ETC ETECH OHIO

130862

General Revenue Fund	130863

GRF	935401	Statehouse News Bureau	$	219,960	$	219,960	130864
GRF	935402	Ohio Government Telecommunications Services	$	716,417	$	716,417	130865
GRF	935408	General Operations	$	1,505,642	$	1,515,111	130866
GRF	935409	Technology Operations	$	3,516,153	$	4,521,712	130867
GRF	935410	Content Development, Acquisition, and Distribution	$	2,896,114	$	2,896,771	130868
GRF	935411	Technology Integration and Professional Development	$	4,874,258	$	4,884,241	130869
GRF	935412	Information Technology	$	970,943	$	945,276	130870
TOTAL GRF General Revenue Fund			$	14,699,487	$	15,699,488	130871

General Services Fund Group	130872

4F30	935603	Affiliate Services	$	450,000	$	50,000	130873
4T20	935605	Government Television/Telecommunications Operating	$	25,000	$	25,000	130874
TOTAL GSF General Services Fund Group			$	475,000	$	75,000	130875

Federal Special Revenue Fund Group	130876

3S30	935606	Enhancing Education Technology	$	163,000	$	163,000	130877
3X80	935604	IDEA	$	18,892	$	0	130878
TOTAL FED Federal Special Revenue Fund Group			$	181,892	$	163,000	130879

State Special Revenue Fund Group	130880

4W90	935630	Telecommunity	$	25,000	$	25,000	130881
4X10	935634	Distance Learning	$	23,734	$	24,150	130882
5D40	935640	Conference/Special Purposes	$	1,471,396	$	1,473,527	130883
5FK0	935608	Media Services	$	300,000	$	300,000	130884
5T30	935607	Gates Foundation Grants	$	200,000	$	200,000	130885
TOTAL SSR State Special Revenue Fund Group			$	2,020,130	$	2,022,677	130886
TOTAL ALL BUDGET FUND GROUPS			$	17,376,509	$	17,960,165	130887

Section 281.20. STATEHOUSE NEWS BUREAU

130889

The foregoing appropriation item 935401, Statehouse News	130890
Bureau, shall be used solely to support the operations of the Ohio	130891
Statehouse News Bureau.	130892

OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

130893

The foregoing appropriation item 935402, Ohio Government	130894
Telecommunications Services, shall be used solely to support the	130895
operations of Ohio Government Telecommunications Services which	130896
include providing multimedia support to the state government and	130897
its affiliated organizations and broadcasting the activities of	130898
the legislative, judicial, and executive branches of state	130899
government, among its other functions.	130900

TECHNOLOGY OPERATIONS

130901

Of the foregoing appropriation item 935409, Technology	130902
Operations, $2,000,000 in fiscal year 2010 shall be used by eTech	130903
Ohio to contract with an entity to provide a common statewide	130904
platform and online advanced placement courses to public school	130905
students in Ohio and, $1,000,000 in fiscal year 2011 shall be used	130906
to maintain the clearinghouse established under section 3333.82 of	130907
the Revised Code for online advanced placement courses. School	130908
districts that have students participating in the program shall	130909
not be charged a fee in fiscal year 2010, but may be charged a fee	130910
in fiscal year 2011 through the clearinghouse. Students	130911
participating in the program shall receive services free of	130912
charge.	130913

An amount equal to the unexpended, unencumbered portion of	130914
the foregoing appropriation item 935409, at the end of fiscal year	130915
2010 is hereby reappropriated in fiscal year 2011 to continue to	130916
support the statewide platform and to maintain the clearinghouse.	130917

The remainder of appropriation item 935409, Technology	130918
Operations, shall be used by eTech Ohio to pay expenses of eTech	130919
Ohio's network infrastructure, which includes the television and	130920
radio transmission infrastructure and infrastructure that shall	130921
link all public K-12 classrooms to each other and to the Internet,	130922
and provide access to voice, video, other communication services,	130923
and data educational resources for students and teachers.	130924

CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION

130925

The foregoing appropriation 935410, Content Development,	130926
Acquisition, and Distribution, shall be used for the development,	130927
acquisition, and distribution of information resources by public	130928
media and radio reading services and for educational use in the	130929
classroom and online.	130930

Of the foregoing appropriation item 935410, Content	130931
Development, Acquisition, and Distribution, up to $731,055 in	130932
fiscal year 2010 and up to $731,221 in fiscal year 2011 shall be	130933
allocated equally among the 12 Ohio educational television	130934
stations and used with the advice and approval of eTech Ohio.	130935
Funds shall be used for the production of interactive	130936
instructional programming series with priority given to resources	130937
aligned with state academic content standards in consultation	130938
with the Ohio Department of Education and for teleconferences to	130939
support eTech Ohio. The programming shall be targeted to the	130940
needs of the poorest two hundred school districts as determined	130941
by the district's adjusted valuation per pupil as defined in	130942
former section 3317.0213 of the Revised Code as that section	130943
existed prior to June 30, 2005.	130944

Of the foregoing appropriation item 935410, Content	130945
Development, Acquisition, and Distribution, up to $1,810,966 in	130946
fiscal year 2010 and up to $1,811,376 in fiscal year 2011 shall be	130947
distributed by eTech Ohio to Ohio's qualified public educational	130948
television stations and educational radio stations to support	130949
their operations. The funds shall be distributed pursuant to an	130950
allocation formula used by the Ohio Educational	130951
Telecommunications Network Commission unless a substitute formula	130952
is developed by eTech Ohio in consultation with Ohio's qualified	130953
public educational television stations and educational radio	130954
stations.	130955

Of the foregoing appropriation 935410, Content Development,	130956
Acquisition, and Distribution, up to $221,902 in fiscal year 2010	130957
and up to $221,952 in fiscal year 2011 shall be distributed by	130958
eTech Ohio to Ohio's qualified radio reading services to support	130959
their operations. The funds shall be distributed pursuant to an	130960
allocation formula used by the Ohio Educational Telecommunications	130961
Network Commission unless a substitute formula is developed by	130962
eTech Ohio in consultation with Ohio's qualified radio reading	130963
services.	130964

Section 281.30. TECHNOLOGY INTEGRATION AND PROFESSIONAL	130965
DEVELOPMENT	130966

The foregoing appropriation item 935411, Technology	130967
Integration and Professional Development, shall be used by eTech	130968
Ohio for the provision of staff development, hardware, software,	130969
telecommunications services, and information resources to support	130970
educational uses of technology in the classroom and at a distance	130971
and for professional development for teachers, administrators, and	130972
technology staff on the use of educational technology in	130973
qualifying public schools, including the State School for the	130974
Blind, the State School for the Deaf, and the Department of Youth	130975
Services.	130976

Of the foregoing appropriation item 935411, Technology	130977
Integration and Professional Development, up to $1,875,826 in	130978
fiscal year 2010 and up to $1,879,668 in fiscal year 2011, shall	130979
be used by eTech Ohio to contract with educational television to	130980
provide Ohio public schools with instructional resources and	130981
services with priority given to resources and services aligned	130982
with state academic content standards and such resources and	130983
services shall be based upon the advice and approval of eTech	130984
Ohio, based on a formula used by the Ohio SchoolNet Commission	130985
unless and until a substitute formula is developed by eTech Ohio	130986
in consultation with Ohio's educational technology agencies and	130987
noncommercial educational television stations.	130988

Section 281.40. TELECOMMUNITY

130989

The foregoing appropriation item 935630, Telecommunity,	130990
shall be distributed by eTech Ohio on a grant basis to eligible	130991
school districts to establish "distance learning" through	130992
interactive video technologies in the school district. Per	130993
agreements with eight Ohio local telephone companies, ALLTEL Ohio,	130994
CENTURY Telephone of Ohio, Chillicothe Telephone Company,	130995
Cincinnati Bell Telephone Company, Orwell Telephone Company,	130996
Sprint North Central Telephone, VERIZON, and Western Reserve	130997
Telephone Company, school districts are eligible for funds if they	130998
are within one of the listed telephone company service areas.	130999
Funds to administer the program shall be expended by eTech Ohio up	131000
to the amount specified in the agreements with the listed	131001
telephone companies.	131002

Within thirty days after the effective date of this section,	131003
the Director of Budget and Management shall transfer to Fund 4W90	131004
in the State Special Revenue Fund Group any investment earnings	131005
from moneys paid by any telephone company as part of any	131006
settlement agreement between the listed companies and the Public	131007
Utilities Commission in fiscal years 1996 and beyond.	131008

DISTANCE LEARNING

131009

The foregoing appropriation item 935634, Distance Learning,	131010
shall be distributed by eTech Ohio on a grant basis to eligible	131011
school districts to establish "distance learning" in the school	131012
district. Per an agreement with Ameritech, school districts are	131013
eligible for funds if they are within an Ameritech service area.	131014
Funds to administer the program shall be expended by eTech Ohio up	131015
to the amount specified in the agreement with Ameritech.	131016

Within thirty days after the effective date of this section,	131017
the Director of Budget and Management shall transfer to Fund 4X10	131018
in the State Special Revenue Fund Group any investment earnings	131019
from moneys paid by any telephone company as part of a settlement	131020
agreement between the company and the Public Utilities Commission	131021
in fiscal year 1995.	131022

GATES FOUNDATION GRANTS

131023

The foregoing appropriation item 935607, Gates Foundation	131024
Grants, shall be used by eTech Ohio to provide professional	131025
development to school district principals, superintendents, and	131026
other administrative staff on the use of education technology.	131027

Section 283.10. ETH OHIO ETHICS COMMISSION

131028

General Revenue Fund	131029

GRF	146321		Operating Expenses		$	1,513,818		$	1,513,908		131030
TOTAL GRF General Revenue Fund					$	1,513,818		$	1,513,908		131031

General Services Fund Group	131032

4M60	146601	Operating Expenses	$	544,543	$	588,943	131033
TOTAL GSF General Services							131034
Fund Group			$	544,543	$	588,943	131035
TOTAL ALL BUDGET FUND GROUPS			$	2,058,361	$	2,102,851	131036

Section 285.10. EXP OHIO EXPOSITIONS COMMISSION

131038

General Revenue Fund	131039

GRF	723403		Junior Fair Subsidy		$	252,000		$	252,000		131040
TOTAL GRF General Revenue Fund					$	252,000		$	252,000		131041

State Special Revenue Fund Group	131042

4N20	723602	Ohio State Fair Harness Racing	$	520,000	$	520,000	131043
5060	723601	Operating Expenses	$	11,753,315	$	11,753,315	131044
TOTAL SSR State Special Revenue							131045
Fund Group			$	12,273,315	$	12,273,315	131046
TOTAL ALL BUDGET FUND GROUPS			$	12,525,315	$	12,525,315	131047

STATE FAIR RESERVE

131048

The General Manager of the Expositions Commission may submit	131049
a request to the Controlling Board to use available amounts in	131050
the State Fair Reserve Fund (Fund 6400) if the following	131051
conditions apply:	131052

(A) Admissions receipts for the 2009 or 2010 Ohio State Fair	131053
are less than $1,982,000 because of inclement weather or	131054
extraordinary circumstances;	131055

(B) The Ohio Expositions Commission declares a state of	131056
fiscal exigency; and	131057

(C) The request contains a plan describing how the	131058
Expositions Commission will eliminate the cash shortage causing	131059
the request.	131060

The amount approved by the Controlling Board is hereby	131061
appropriated.	131062

Section 287.10. GOV OFFICE OF THE GOVERNOR

131063

General Revenue Fund	131064

GRF	040321	Operating Expenses	$	2,674,751	$	2,674,751	131065
GRF	040403	Federal Relations	$	181,081	$	181,081	131066
TOTAL GRF General Revenue Fund			$	2,855,832	$	2,855,832	131067

General Services Fund Group	131068

5AK0	040607		Federal Relations		$	365,149		$	365,149		131069
TOTAL GSF General Services Fund Group					$	365,149		$	365,149		131070

TOTAL ALL BUDGET FUND GROUPS

3,220,981

131071

FEDERAL RELATIONS

131072

A portion of the foregoing appropriation items 040403,	131073
Federal Relations, and 040607, Federal Relations, may be used to	131074
support Ohio's membership in national or regional associations.	131075

The Office of the Governor may charge any state agency of the	131076
executive branch using an intrastate transfer voucher such amounts	131077
necessary to defray the costs incurred for the conduct of federal	131078
relations associated with issues that can be attributed to the	131079
agency. Amounts collected shall be deposited in the Federal	131080
Relations Fund (Fund 5AK0).	131081

Section 289.10. DOH DEPARTMENT OF HEALTH

131082

General Revenue Fund	131083

GRF	440407	Animal Borne Disease and Prevention	$	600,000	$	642,291	131084
GRF	440412	Cancer Incidence Surveillance System	$	774,234	$	774,234	131085
GRF	440413	Local Health Department Support	$	2,311,345	$	2,311,345	131086
GRF	440416	Mothers and Children Safety Net Services	$	4,338,449	$	4,338,449	131087
GRF	440418	Immunizations	$	7,239,432	$	7,239,432	131088
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	131089
GRF	440437	Healthy Ohio	$	2,169,998	$	2,169,998	131090
GRF	440438	Breast and Cervical Cancer Screening	$	804,008	$	739,171	131091
GRF	440444	AIDS Prevention and Treatment	$	5,542,314	$	5,542,314	131092
GRF	440446	Infectious Disease Protection and Surveillance	$	915,883	$	915,883	131093
GRF	440451	Public Health Laboratory	$	2,899,138	$	2,899,138	131094
GRF	440452	Child and Family Health Services Match	$	645,131	$	645,130	131095
GRF	440453	Health Care Quality Assurance	$	9,902,795	$	9,902,795	131096
GRF	440454	Local Environmental Health	$	1,155,219	$	1,155,219	131097
GRF	440459	Help Me Grow	$	36,500,000	$	36,500,000	131098
GRF	440465	Federally Qualified Health Centers	$	2,686,688	$	2,686,688	131099
GRF	440467	Access to Dental Care	$	540,484	$	540,484	131100
GRF	440468	Chronic Disease and Injury Prevention	$	792,363	$	792,363	131101
GRF	440505	Medically Handicapped Children	$	8,762,451	$	8,762,451	131102
GRF	440507	Targeted Health Care Services Over 21	$	1,045,415	$	1,045,414	131103
TOTAL GRF General Revenue Fund			$	90,062,673	$	90,040,125	131104

State Highway Safety Fund Group	131105

4T40	440603	Child Highway Safety	$	233,894	$	233,894	131106
TOTAL HSF State Highway Safety			$		$		131107
Fund Group			$	233,894	$	233,894	131108

General Services Fund Group	131109

1420	440646	Agency Health Services	$	7,961,915	$	7,961,915	131110
2110	440613	Central Support Indirect Costs	$	28,884,706	$	28,884,706	131111
4730	440622	Lab Operating Expenses	$	4,954,045	$	4,954,045	131112
6830	440633	Employee Assistance Program	$	1,204,905	$	1,204,905	131113
6980	440634	Nurse Aide Training	$	100,000	$	100,000	131114
TOTAL GSF General Services							131115
Fund Group			$	43,105,571	$	43,105,571	131116

Federal Special Revenue Fund Group	131117

3200	440601	Maternal Child Health Block Grant	$	29,056,772	$	29,068,886	131118
3870	440602	Preventive Health Block Grant	$	7,826,659	$	7,826,659	131119
3890	440604	Women, Infants, and Children	$	298,672,689	$	308,672,689	131120
3910	440606	Medicaid/Medicare	$	25,891,157	$	26,826,242	131121
3920	440618	Federal Public Health Programs	$	136,778,215	$	136,778,215	131122
TOTAL FED Federal Special Revenue							131123
Fund Group			$	498,225,492	$	509,172,691	131124

State Special Revenue Fund Group	131125

4700	440647	Fee Supported Programs	$	23,923,382	$	23,923,382	131126
4710	440619	Certificate of Need	$	898,000	$	898,000	131127
4770	440627	Medically Handicapped Children Audit	$	3,693,016	$	3,693,016	131128
4D60	440608	Genetics Services	$	3,317,000	$	3,317,000	131129
4F90	440610	Sickle Cell Disease Control	$	1,035,344	$	1,035,344	131130
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	131131
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	131132
4L30	440609	Miscellaneous Expenses	$	333,164	$	333,164	131133
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	131134
4V60	440641	Save Our Sight	$	2,260,880	$	2,260,880	131135
5B50	440616	Quality, Monitoring, and Inspection	$	838,479	$	838,479	131136
5C00	440615	Alcohol Testing and Permit	$	1,126,239	$	1,126,239	131137
5CJ0	440654	Sewage Treatment System Innovation	$	250,000	$	250,000	131138
5CN0	440645	Choose Life	$	75,000	$	75,000	131139
5D60	440620	Second Chance Trust	$	1,054,951	$	1,054,951	131140
5ED0	440651	Smoke Free Indoor Air	$	189,500	$	190,452	131141
5G40	440639	Adoption Services	$	20,000	$	20,000	131142
5L10	440623	Nursing Facility Technical Assistance Program	$	698,595	$	698,595	131143
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	131144
6100	440626	Radiation Emergency Response	$	850,000	$	850,000	131145
6660	440607	Medically Handicapped Children - County Assessments	$	17,320,687	$	17,320,687	131146
TOTAL SSR State Special Revenue							131147
Fund Group			$	58,511,107	$	58,512,059	131148

Holding Account Redistribution Fund Group	131149

R014	440631	Vital Statistics	$	44,986	$	44,986	131150
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	131151
TOTAL 090 Holding Account							131152
Redistribution Fund Group			$	64,986	$	64,986	131153

Tobacco Master Settlement Agreement Fund Group	131154

5BX0	440656	Tobacco Use Prevention	$	6,000,000	$	6,000,000	131155
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	6,000,000	$	6,000,000	131156
TOTAL ALL BUDGET FUND GROUPS			$	696,203,723	$	707,129,326	131157

Section 289.20. HIV/AIDS PREVENTION/TREATMENT

131159

The foregoing appropriation item 440444, AIDS Prevention and	131160
Treatment, shall be used to assist persons with HIV/AIDS in	131161
acquiring HIV-related medications and to administer educational	131162
prevention initiatives.	131163

INFECTIOUS DISEASE PREVENTION

131164

The foregoing appropriation item 440446, Infectious Disease	131165
Protection and Surveillance, shall be used for coordination and	131166
management of prevention program operations and the purchase of	131167
drugs for sexually transmitted diseases.	131168

HELP ME GROW

131169

The foregoing appropriation item 440459, Help Me Grow, shall	131170
be used by the Department of Health to distribute subsidies to	131171
counties to implement the Help Me Grow Program. Appropriation item	131172
440459, Help Me Grow, may be used in conjunction with Early	131173
Intervention funding from the Department of Developmental	131174
Disabilities, and in conjunction with other early childhood	131175
funds and services to promote the optimal development of young	131176
children and family-centered programs and services that	131177
acknowledge and support the social, emotional, cognitive,	131178
intellectual, and physical development of children and the vital	131179
role of families in ensuring the well-being and success of	131180
children. The Department of Health shall enter into an	131181
interagency agreement with the Department of Education,	131182
Department of Developmental Disabilities, Department of Job and	131183
Family Services, and Department of Mental Health to ensure that	131184
all early childhood programs and initiatives are coordinated and	131185
school linked.	131186

Of the foregoing appropriation item 440459, Help Me Grow, if	131187
a county Family and Children First Council selects home-visiting	131188
programs, the home-visiting program shall only be eligible for	131189
funding if it serves pregnant women, or parents or other primary	131190
caregivers and the parent or other primary caregiver's child or	131191
children under three years of age, through quality programs of	131192
early childhood home visitation and if the home visitations are	131193
performed by nurses, social workers, child development	131194
specialists or other well-trained and competent staff, as	131195
demonstrated by education or training and the provision of	131196
ongoing specific training and supervision in the model of service	131197
being delivered. The home-visiting program also shall be required	131198
to have outcome and research standards that demonstrate ongoing	131199
positive outcomes for children, parents, and other primary	131200
caregivers that enhance child health and development, and conform	131201
to a clear consistent home visitation model that has been in	131202
existence for at least three years. The home visitation model	131203
shall be research-based; grounded in relevant, empirically based	131204
knowledge; linked to program-determined outcomes; associated with	131205
a national organization or institution of higher education that	131206
has comprehensive home visitation program standards that ensure	131207
high quality service delivery and continuous program improvement;	131208
and have demonstrated significant positive outcomes when evaluated	131209
using well-designed and rigorous randomized, controlled, or	131210
quasi-experimental research designs, and the evaluation results	131211
have been published in a peer-reviewed journal.	131212

The foregoing appropriation item 440459, Help Me Grow, may	131213
also be used for the Autism Diagnosis Education Pilot Program.	131214

TARGETED HEALTH CARE SERVICES OVER 21

131215

The foregoing appropriation item 440507, Targeted Health	131216
Care Services Over 21, shall be used to administer the Cystic	131217
Fibrosis Program and to implement the Hemophilia Insurance	131218
Premium Payment Program.	131219

The foregoing appropriation item 440507, Targeted Health	131220
Care Services Over 21, shall also be used to provide essential	131221
medications and to pay the copayments for drugs approved by the	131222
Department of Health and covered by Medicare Part D that are	131223
dispensed to Bureau for Children with Medical Handicaps (BCMH)	131224
participants for the Cystic Fibrosis Program.	131225

These funds also may be used, to the extent that funding is	131226
available, to provide up to 18 in-patient hospital days for	131227
participants in the Cystic Fibrosis Program.	131228

The Department shall expend all of these funds.

131229

GENETICS SERVICES

131230

The foregoing appropriation item 440608, Genetics Services	131231
(Fund 4D60), shall be used by the Department of Health to	131232
administer programs authorized by sections 3701.501 and 3701.502	131233
of the Revised Code. None of these funds shall be used to counsel	131234
or refer for abortion, except in the case of a medical emergency.	131235

MEDICALLY HANDICAPPED CHILDREN AUDIT

131236

The Medically Handicapped Children Audit Fund (Fund 4770)	131237
shall receive revenue from audits of hospitals and recoveries from	131238
third-party payers. Moneys may be expended for payment of audit	131239
settlements and for costs directly related to obtaining recoveries	131240
from third-party payers and for encouraging Medically Handicapped	131241
Children's Program recipients to apply for third-party benefits.	131242
Moneys also may be expended for payments for diagnostic and	131243
treatment services on behalf of medically handicapped children, as	131244
defined in division (A) of section 3701.022 of the Revised Code,	131245
and Ohio residents who are twenty-one or more years of age and who	131246
are suffering from cystic fibrosis or hemophilia. Moneys may also	131247
be expended for administrative expenses incurred in operating the	131248
Medically Handicapped Children's Program.	131249

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	131250
PERMIT FUND	131251

The Director of Budget and Management, pursuant to a plan	131252
submitted by the Department of Health, or as otherwise determined	131253
by the Director of Budget and Management, shall set a schedule to	131254
transfer cash from the Liquor Control Fund (Fund 7043) to the	131255
Alcohol Testing and Permit Fund (Fund 5C00) to meet the operating	131256
needs of the Alcohol Testing and Permit Program.	131257

The Director of Budget and Management may transfer to the	131258
Alcohol Testing and Permit Fund (Fund 5C00) from the Liquor	131259
Control Fund (Fund 7043) created in section 4301.12 of the Revised	131260
Code such amounts at such times as determined by the transfer	131261
schedule.	131262

DENTIST LOAN REPAYMENT ADVISORY BOARD

131263

As specified in the amendments made by this act to section	131264
3702.92 of the Revised Code, the Governor, Speaker of the House of	131265
Representatives, and President of the Senate shall each appoint	131266
one additional member to the Dentist Loan Repayment Advisory	131267
Board. The appointments shall be made not later than sixty days	131268
after the effective date of section 3702.92 of the Revised Code.	131269
The terms of office of the additional members shall end on	131270
January 27, 2011, except that a legislative member ceases to be a	131271
member of the Board on ceasing to be a member of the General	131272
Assembly. Vacancies occurring prior to January 27, 2011, shall be	131273
filled in the manner prescribed for original appointments under	131274
this section.	131275

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

131276

The foregoing appropriation item 440607, Medically	131277
Handicapped Children - County Assessments (Fund 6660), shall be	131278
used to make payments under division (E) of section 3701.023 of	131279
the Revised Code.	131280

CASH TRANSFER FROM THE SEWAGE INNOVATION FUND TO FEE	131281
SUPPORTED PROGRAMS FUND	131282

On July 1, 2009, or as soon as possible thereafter, the	131283
Director of Health shall certify to the Director of Budget and	131284
Management the amount of cash to be transferred from the Sewage	131285
Innovation Fund (Fund 5CJ0) to the Fee Supported Program Fund	131286
(Fund 4700) to meet the needs of the Sewage Program. The Director	131287
of Budget and Management may transfer the amount certified. The	131288
amount certified is hereby appropriated.	131289

NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM

131290

On July 1, 2009, or as soon as possible thereafter, the	131291
Director of Budget and Management may transfer, cash from the	131292
Resident Protection Fund (Fund 4E30), which is used by the Ohio	131293
Department of Job and Family Services, to the Nursing Facility	131294
Technical Assistance Program Fund (Fund 5L10), which is used by	131295
the Ohio Department of Health, to be used under section 3721.026	131296
of the Revised Code. The transfers shall be up to $698,595 in each	131297
fiscal year.	131298

TOBACCO USE PREVENTION

131299

The Department of Health shall seek Controlling Board	131300
approval prior to expending any moneys from appropriation item	131301
440656, Tobacco Use Prevention. The Department shall submit a	131302
spending plan to the Controlling Board for each project for which	131303
they seek expenditure approval.	131304

Section 289.30. DISEASE AND CANCER COMMISSION

131305

(A) There is hereby established in the Department of Health	131306
the Disease and Cancer Commission. The Commission shall be	131307
composed of individuals selected by the Director of Health who	131308
are both of the following:	131309

(1) Representatives of boards of health of city health	131310
districts or general health districts, or the authorities having	131311
the duties of a board of health under section 3709.05 of the	131312
Revised Code;	131313

(2) Located in an area in which the Director of Health	131314
determines there is a high prevalence of one of the following:	131315

(a) Colorectal cancer;

131316

(b) Prostate cancer;

131317

131318

(d) Triple negative breast cancer.

131319

(B) The Governor shall designate from among the Commission	131320
members an individual to serve as the chairperson of the	131321
Commission who shall establish the meeting time and locations for	131322
the Commission.	131323

(C) The Commission shall study colorectal cancer, prostate	131324
cancer, sickle cell anemia, and triple negative breast cancer in	131325
areas of the state in which the Director determines such	131326
conditions are prevalent. Not later than June 30, 2011, the	131327
Commission shall submit a report to the Governor, Speaker and	131328
Minority Leader of the House of Representatives, and President	131329
and Minority Leader of the Senate describing its findings on the	131330
prevalence of colorectal cancer, prostate cancer, sickle cell	131331
anemia, and triple negative breast cancer in the areas included	131332
in the study. The report shall include policy recommendations to	131333
combat the prevalence of these conditions in such areas.	131334

(D) The Commission shall cease to exist on submission of the	131335
report under division (C) of this section.	131336

Section 289.40. FUNDING FOR IMMUNIZATIONS

131337

To the extent permitted under state and federal law, the	131338
Department of Health shall use state general revenue funds and	131339
federal funds appropriated for the purchase of vaccinations to	131340
provide immunizations to children and adults in Ohio.	131341

Section 289.60. FEDERAL ABSTINENCE EDUCATION PROGRAM

131342

The Director of Health shall apply to the United States	131343
Secretary of Health and Human Services for abstinence education	131344
funding under Title V of the "Social Security Act," 42 U.S.C. 710.	131345

Section 289.70. LIMITED EXTENSION OF THE MORATORIUM UNDER	131346
THE CERTIFICATE OF NEED PROGRAM	131347

(A) As used in this section, "certificate of need" and	131348
"long-term care bed" have the same meanings as in section 3702.51	131349
of the Revised Code.	131350

(B) Until the effective date of the actions taken by this act	131351
to amend, enact, and repeal sections included within the range	131352
consisting of sections 3702.51 to 3702.62 of the Revised Code, the	131353
Director of Health shall proceed as follows with respect to a	131354
certificate of need application proposing an increase in long-term	131355
care beds:	131356

(1) If the application was received during the period	131357
beginning July 1, 2009, and ending on the day before the effective	131358
date of this section, the Director shall grant the certificate of	131359
need only if the proposed increase in long-term care beds is	131360
attributable solely to a replacement or relocation of existing	131361
long-term care beds within the same county.	131362

(2) If the application is received on or after the effective	131363
date of this section, the Director shall accept the application,	131364
for review under section 3702.52 of the Revised Code, only if the	131365
proposed increase in long-term care beds is attributable solely to	131366
a replacement or relocation of existing long-term care beds within	131367
the same county.	131368

(3) If a certificate of need is granted to the applicant, the	131369
Director shall not authorize additional beds beyond those being	131370
replaced or relocated.	131371

(C) If pursuant to division (B)(1) of this section a	131372
certificate of need cannot be granted or pursuant to division	131373
(B)(2) of this section an application cannot be accepted, the	131374
Director shall return to the applicant both the application and	131375
the fee that accompanied the application. This division applies to	131376
all pending actions regarding applications received before the	131377
effective date of the actions taken by this act to amend, enact,	131378
and repeal sections included within the range consisting of	131379
sections 3702.51 to 3702.62 of the Revised Code.	131380

(D) The provisions of this section are applicable to the	131381
Director and the Certificate of Need Program, notwithstanding any	131382
conflicting provision of sections 3702.51 to 3702.62 of the	131383
Revised Code.	131384

Section 291.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

131385

Agency Fund Group	131386

4610	372601	Operating Expenses	$	16,819	$	16,819	131387
TOTAL AGY Agency Fund Group			$	16,819	$	16,819	131388
TOTAL ALL BUDGET FUND GROUPS			$	16,819	$	16,819	131389

Section 293.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

131391

General Revenue Fund	131392

GRF	148100	Personal Services	$	229,847	$	229,847	131393
GRF	148200	Maintenance	$	35,000	$	35,000	131394
GRF	148402	Community Projects	$	90,485	$	90,485	131395
TOTAL GRF General Revenue Fund			$	355,332	$	355,332	131396

General Services Fund Group	131397

6010	148602	Gifts and Miscellaneous	$	4,558	$	4,558	131398
TOTAL GSF General Services							131399
Fund Group			$	4,558	$	4,558	131400
TOTAL ALL BUDGET FUND GROUPS			$	359,890	$	359,890	131401

Section 295.10. OHS OHIO HISTORICAL SOCIETY

131403

General Revenue Fund	131404

GRF	360501	Education and Collections	$	2,304,228	$	2,304,228	131405
GRF	360502	Site and Museum Operations	$	3,791,149	$	3,791,149	131406
GRF	360504	Ohio Preservation Office	$	228,246	$	228,246	131407
GRF	360505	National Afro-American Museum	$	414,798	$	414,798	131408
GRF	360506	Hayes Presidential Center	$	281,043	$	281,043	131409
GRF	360508	Historical Grants	$	420,420	$	420,420	131410
GRF	360509	Outreach and Partnership	$	492,547	$	492,547	131411
TOTAL GRF General Revenue Fund			$	7,932,431	$	7,932,431	131412
TOTAL ALL BUDGET FUND GROUPS			$	7,932,431	$	7,932,431	131413

SUBSIDY APPROPRIATION

131414

Upon approval by the Director of Budget and Management, the	131415
foregoing appropriation items shall be released to the Ohio	131416
Historical Society in quarterly amounts that in total do not	131417
exceed the annual appropriations. The funds and fiscal records of	131418
the society for fiscal year 2010 and fiscal year 2011 shall be	131419
examined by independent certified public accountants approved by	131420
the Auditor of State, and a copy of the audited financial	131421
statements shall be filed with the Office of Budget and	131422
Management. The society shall prepare and submit to the Office of	131423
Budget and Management the following:	131424

(A) An estimated operating budget for each fiscal year of the	131425
biennium. The operating budget shall be submitted at or near the	131426
beginning of each calendar year.	131427

(B) Financial reports, indicating actual receipts and	131428
expenditures for the fiscal year to date. These reports shall be	131429
filed at least semiannually during the fiscal biennium.	131430

The foregoing appropriations shall be considered to be the	131431
contractual consideration provided by the state to support the	131432
state's offer to contract with the Ohio Historical Society under	131433
section 149.30 of the Revised Code.	131434

STATE ARCHIVES

131435

Of the foregoing appropriation item 360501, Education and	131436
Collections, $910,459 in each fiscal year shall be used for the	131437
State Archives, Library, and Artifact Collections Program.	131438

HAYES PRESIDENTIAL CENTER

131439

If a United States government agency, including, but not	131440
limited to, the National Park Service, chooses to take over the	131441
operations or maintenance of the Hayes Presidential Center, in	131442
whole or in part, the Ohio Historical Society shall make	131443
arrangements with the National Park Service or other United States	131444
government agency for the efficient transfer of operations or	131445
maintenance.	131446

Section 301.10. REP OHIO HOUSE OF REPRESENTATIVES

131447

General Revenue Fund	131448

GRF	025321		Operating Expenses		$	18,517,093		$	18,517,093		131449
TOTAL GRF General Revenue Fund					$	18,517,093		$	18,517,093		131450

General Services Fund Group	131451

1030	025601	House Reimbursement	$	1,433,664	$	1,433,664	131452
4A40	025602	Miscellaneous Sales	$	37,849	$	37,849	131453
TOTAL GSF General Services							131454
Fund Group			$	1,471,513	$	1,471,513	131455
TOTAL ALL BUDGET FUND GROUPS			$	19,988,606	$	19,988,606	131456

OPERATING EXPENSES

131457

On July 1, 2009, or as soon as possible thereafter, the Clerk	131458
of the House of Representatives may certify to the Director of	131459
Budget and Management the amount of the unexpended, unencumbered	131460
balance of the foregoing appropriation item 025321, Operating	131461
Expenses, at the end of fiscal year 2009 to be reappropriated to	131462
fiscal year 2010. The amount certified is hereby reappropriated to	131463
the same appropriation item for fiscal year 2010.	131464

On July 1, 2010, or as soon as possible thereafter, the Clerk	131465
of the House of Representatives may certify to the Director of	131466
Budget and Management the amount of the unexpended, unencumbered	131467
balance of the foregoing appropriation item 025321, Operating	131468
Expenses, at the end of fiscal year 2010 to be reappropriated to	131469
fiscal year 2011. The amount certified is hereby reappropriated to	131470
the same appropriation item for fiscal year 2011.	131471

Section 303.10. HFA OHIO HOUSING FINANCE AGENCY

131472

Agency Fund Group	131473

5AZ0	997601	Housing Finance Agency Personal Services	$	8,614,627	$	8,614,627	131474
TOTAL AGY Agency Fund Group			$	8,614,627	$	8,614,627	131475
TOTAL ALL BUDGET FUND GROUPS			$	8,614,627	$	8,614,627	131476

Section 305.10. IGO OFFICE OF THE INSPECTOR GENERAL

131478

General Revenue Fund	131479

GRF	965321		Operating Expenses		$	1,214,218		$	1,214,218		131480
TOTAL GRF General Revenue Fund					$	1,214,218		$	1,214,218		131481

General Services Fund Group	131482

5FA0	965603	Deputy Inspector General for ODOT	$	400,000	$	400,000	131483
5FT0	965604	Deputy Inspector General for BWC/OIC	$	425,000	$	425,000	131484
TOTAL GSF General Services Fund Group			$	825,000	$	825,000	131485
TOTAL ALL BUDGET FUND GROUPS			$	2,039,218	$	2,039,218	131486

VIDEO LOTTERY TERMINAL OVERSIGHT

131487

Of the foregoing GRF appropriation item 965321, Operating	131488
Expenses, $50,000 in each fiscal year may be used to defray any	131489
expenses associated with the review of the operation of video	131490
lottery terminal operations as specified in Chapter 3770. of the	131491
Revised Code.	131492

Section 307.10. INS DEPARTMENT OF INSURANCE

131493

Federal Special Revenue Fund Group	131494

3CX0	820608	State Coverage Initiative - Federal	$	50,000,000	$	100,000,000	131495
3U50	820602	OSHIIP Operating Grant	$	1,770,000	$	1,790,000	131496
TOTAL FED Federal Special							131497
Revenue Fund Group			$	51,770,000	$	101,790,000	131498

State Special Revenue Fund Group	131499

5540	820601	Operating Expenses - OSHIIP	$	200,000	$	200,000	131500
5540	820606	Operating Expenses	$	22,884,736	$	22,884,736	131501
5540	820609	State Coverage Initiative Administration	$	479,575	$	479,575	131502
5550	820605	Examination	$	9,275,768	$	9,294,668	131503
5AG0	820603	Health Information Technology and Health Care Coverage and Quality Council	$	10,116,272	$	0	131504
TOTAL SSR State Special Revenue							131505
Fund Group			$	42,956,351	$	32,858,979	131506
TOTAL ALL BUDGET FUND GROUPS			$	94,726,351	$	134,648,979	131507

HEALTH INFORMATION TECHNOLOGY AND HEALTH CARE COVERAGE AND	131508
QUALITY COUNCIL	131509

Notwithstanding section 3929.682 of the Revised Code, up to	131510
$8,000,000 of the foregoing appropriation item 820603, Health	131511
Information Technology and Health Care Coverage and Quality	131512
Council, shall be used for health information technology	131513
initiatives: to provide the central tools and support the	131514
electronic exchange of health information, to work with industry	131515
associations to encourage and support providers in using	131516
electronic medical records, and to establish a loan program to	131517
help health care providers with the financial burden of buying and	131518
implementing electronic medical records.	131519

Notwithstanding section 3929.682 of the Revised Code, up to	131520
$2,116,272 of the foregoing appropriation item 820603, Health	131521
Information Technology and Health Care Coverage and Quality	131522
Council, may be used to support the implementation of strategies	131523
recommended by the Health Care Coverage and Quality Council	131524
established in section 3923.90 of the Revised Code.	131525

An amount equal to the unexpended, unencumbered portion of	131526
the foregoing appropriation item 820603, Health Information	131527
Technology and Health Care Coverage and Quality Council, at the	131528
end of fiscal year 2010 is hereby reappropriated for the same	131529
purpose for fiscal year 2011.	131530

MARKET CONDUCT EXAMINATION

131531

When conducting a market conduct examination of any insurer	131532
doing business in this state, the Superintendent of Insurance may	131533
assess the costs of the examination against the insurer. The	131534
superintendent may enter into consent agreements to impose	131535
administrative assessments or fines for conduct discovered that	131536
may be violations of statutes or rules administered by the	131537
superintendent. All costs, assessments, or fines collected shall	131538
be deposited to the credit of the Department of Insurance	131539
Operating Fund (Fund 5540).	131540

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

131541

The Director of Budget and Management, at the request of the	131542
Superintendent of Insurance, may transfer funds from the	131543
Department of Insurance Operating Fund (Fund 5540), established by	131544
section 3901.021 of the Revised Code, to the Superintendent's	131545
Examination Fund (Fund 5550), established by section 3901.071 of	131546
the Revised Code, only for expenses incurred in examining domestic	131547
fraternal benefit societies as required by section 3921.28 of the	131548
Revised Code.	131549

TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND

131550

Not later than the thirty-first day of July each fiscal year,	131551
the Director of Budget and Management shall transfer $5,000,000	131552
from the Department of Insurance Operating Fund (Fund 5540) to the	131553
General Revenue Fund.	131554

Section 307.20. HEALTH CARE COVERAGE AND QUALITY COUNCIL

131555

(A) The Health Care Coverage and Quality Council created	131556
under section 3923.90 of the Revised Code, as enacted by this act,	131557
shall hold its first meeting not later than September 1, 2009.	131558

(B) In addition to the Council's duties specified in section	131559
3923.91 of the Revised Code, the Council shall evaluate and	131560
recommend strategies pursuant to the recommendations of the former	131561
Ohio Medicaid Administrative Study Council to establish an	131562
initiative conducted by clinicians in the Office of Ohio Health	131563
Plans within the Department of Job and Family Services to do all	131564
of the following:	131565

(1) Adopt evidence-based protocols for the prevention and	131566
management of disease;	131567

(2) Develop a centralized system for payment of Medicaid	131568
claims;	131569

(3) Provide physicians, nurses, and allied health	131570
professionals with training on Medicaid claims procedures and	131571
Medicaid payment reforms;	131572

(4) Monitor results for preventive and primary care services.

131573

(C) Not later than June 30, 2010, the Council shall submit a	131574
report of its findings and recommendations to the Governor, the	131575
President of the Senate, and the Speaker of the House of	131576
Representatives.	131577

Section 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

131578

General Revenue Fund	131579

GRF	600321	Support Services					131580
		State	$	40,291,316	$	39,559,293	131581
		Federal	$	10,029,863	$	9,848,154	131582
		Support Services Total	$	50,321,179	$	49,407,447	131583
GRF	600410	TANF State	$	155,494,648	$	161,298,234	131584
GRF	600413	Child Care Match/Maintenance of Effort	$	79,401,065	$	84,732,730	131585
GRF	600416	Computer Projects					131586
		State	$	73,314,812	$	73,337,904	131587
		Federal	$	10,742,500	$	9,039,372	131588
		Computer Projects Total	$	84,057,312	$	82,377,276	131589
GRF	600417	Medicaid Provider Audits	$	1,210,625	$	1,191,010	131590
GRF	600420	Child Support Administration	$	6,011,708	$	5,908,839	131591
GRF	600421	Office of Family Stability	$	3,796,625	$	3,753,002	131592
GRF	600423	Office of Children and Families	$	5,298,150	$	5,232,561	131593
GRF	600425	Office of Ohio Health Plans					131594
		State	$	11,811,384	$	6,500,422	131595
		Federal	$	12,642,827	$	12,083,374	131596
		Office of Ohio Health Plans Total	$	24,454,211	$	18,583,796	131597
GRF	600502	Administration - Local	$	20,706,497	$	19,838,659	131598
GRF	600511	Disability Financial Assistance	$	29,399,013	$	30,759,074	131599
GRF	600521	Entitlement Administration - Local	$	87,310,316	$	80,223,023	131600
GRF	600523	Children and Families Services	$	60,538,878	$	59,005,915	131601
GRF	600525	Health Care/Medicaid					131602
		State	$	2,483,515,766	$	3,206,274,820	131603
		Federal	$	6,317,293,740	$	7,144,647,402	131604
		Health Care Total	$	8,800,809,506	$	10,350,922,222	131605
GRF	600526	Medicare Part D	$	221,686,721	$	228,356,466	131606
GRF	600528	Adoption Services					131607
		State	$	22,861,593	$	24,126,683	131608
		Federal	$	49,348,115	$	46,254,540	131609
		Adoption Services Total	$	72,209,708	$	70,381,223	131610
GRF	600533	Child, Family, and Adult Community & Protective Services	$	15,000,000	$	15,000,000	131611
GRF	600534	Adult Protective Services	$	425,872	$	406,670	131612
GRF	600535	Early Care and Education	$	137,367,699	$	134,269,120	131613
GRF	600537	Children's Hospital	$	6,000,000	$	6,000,000	131614
GRF	600540	Second Harvest Food Banks	$	3,500,000	$	3,500,000	131615
GRF	600541	Kinship Permanency Incentive Program	$	5,000,000	$	5,000,000	131616
TOTAL GRF General Revenue Fund							131617
		State	$	3,469,942,688	$	4,194,274,425	131618
		Federal	$	6,400,057,045	$	7,221,872,842	131619
		GRF Total	$	9,869,999,733	$	11,416,147,267	131620

General Services Fund Group	131621

4A80	600658	Child Support Collections	$	26,000,000	$	26,000,000	131622
4R40	600665	BCII Services/Fees	$	36,974	$	36,974	131623
5BG0	600653	Managed Care Assessment	$	168,914,857	$	0	131624
5C90	600671	Medicaid Program Support	$	76,076,838	$	77,563,238	131625
5DL0	600639	Medicaid Revenue and Collections	$	99,916,750	$	63,600,000	131626
5DM0	600633	Administration & Operating	$	19,853,583	$	19,928,733	131627
5FX0	600638	Medicaid Payment Withholding	$	26,000,000	$	26,000,000	131628
5N10	600677	County Technologies	$	500,000	$	500,000	131629
5P50	600692	Health Care Services	$	84,052,802	$	226,469,478	131630
TOTAL GSF General Services							131631
Fund Group			$	501,351,804	$	440,098,423	131632

Federal Special Revenue Fund Group	131633

3270	600606	Child Welfare	$	33,972,321	$	33,984,200	131634
3310	600686	Federal Operating	$	60,672,731	$	56,569,912	131635
3840	600610	Food Assistance and State Administration	$	159,109,776	$	159,109,427	131636
3850	600614	Refugee Services	$	10,497,024	$	11,265,511	131637
3950	600616	Special Activities/Child and Family Services	$	3,113,200	$	2,813,200	131638
3960	600620	Social Services Block Grant	$	120,000,000	$	120,000,000	131639
3970	600626	Child Support	$	305,830,981	$	305,832,341	131640
3980	600627	Adoption Maintenance/ Administration	$	355,345,646	$	352,184,668	131641
3A20	600641	Emergency Food Distribution	$	9,953,222	$	4,970,000	131642
3AW0	600675	Faith Based Initiatives	$	544,140	$	544,140	131643
3D30	600648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	131644
3F00	600623	Health Care Federal	$	3,367,952,785	$	2,729,816,014	131645
3F00	600650	Hospital Care Assurance Match	$	362,092,785	$	367,826,196	131646
3G50	600655	Interagency Reimbursement	$	1,703,777,044	$	1,666,905,912	131647
3H70	600617	Child Care Federal	$	241,862,780	$	241,862,779	131648
3N00	600628	IV-E Foster Care Maintenance	$	169,324,768	$	161,644,455	131649
3S50	600622	Child Support Projects	$	534,050	$	534,050	131650
3V00	600688	Workforce Investment Act	$	326,923,124	$	327,145,616	131651
3V40	600678	Federal Unemployment Programs	$	167,478,790	$	136,982,528	131652
3V40	600679	Unemployment Compensation Review Commission - Federal	$	3,487,473	$	3,487,473	131653
3V60	600689	TANF Block Grant	$	819,207,893	$	811,170,741	131654
TOTAL FED Federal Special Revenue							131655
Fund Group			$	8,223,721,057	$	7,496,689,687	131656

State Special Revenue Fund Group	131657

1980	600647	Children's Trust Fund	$	5,881,011	$	5,881,011	131658
4A90	600607	Unemployment Compensation Administration Fund	$	27,134,851	$	37,772,416	131659
4A90	600694	Unemployment Compensation Review Commission	$	2,357,197	$	2,431,133	131660
4E30	600605	Nursing Home Assessments	$	4,759,914	$	4,759,914	131661
4E70	600604	Child and Family Services Collections	$	121,318	$	121,318	131662
4F10	600609	Foundation Grants/Child & Family Services	$	250,000	$	250,000	131663
4J50	600613	Nursing Facility Bed Assessments	$	36,713,984	$	36,713,984	131664
4J50	600618	Residential State Supplement Payments	$	15,700,000	$	15,700,000	131665
4K10	600621	ICF/MR Bed Assessments	$	29,696,029	$	28,976,838	131666
4R30	600687	Banking Fees	$	700,000	$	700,000	131667
4Z10	600625	HealthCare Compliance	$	10,000,000	$	10,000,000	131668
5AJ0	600631	Money Follows the Person	$	6,286,485	$	6,195,163	131669
5DB0	600637	Military Injury Grants	$	2,000,000	$	2,000,000	131670
5DP0	600634	Adoption Assistance Loan	$	500,000		500,000	131671
5ES0	600630	Food Assistance	$	500,000	$	500,000	131672
5GC0	600640	GOFBCI/Family Stability	$	70,000	$	70,000	131673
5GF0	600656	Medicaid - Hospital	$	338,505,284	$	370,861,816	131674
5Q90	600619	Supplemental Inpatient Hospital Payments	$	56,125,998	$	56,125,998	131675
5R20	600608	Medicaid-Nursing Facilities	$	359,332,500	$	381,710,000	131676
5S30	600629	MR/DD Medicaid Administration and Oversight	$	2,070,707	$	5,493,954	131677
5U30	600654	Health Care Services Administration	$	12,017,389	$	14,393,903	131678
5U60	600663	Children and Family Support	$	4,719,470	$	4,719,470	131679
6510	600649	Hospital Care Assurance Program Fund	$	220,612,051	$	218,164,239	131680
TOTAL SSR State Special Revenue							131681
Fund Group			$	1,136,054,188	$	1,204,041,157	131682

Agency Fund Group	131683

1920	600646	Support Intercept - Federal	$	130,000,000	$	130,000,000	131684
5830	600642	Support Intercept - State	$	16,000,000	$	16,000,000	131685
5B60	600601	Food Assistance Intercept	$	2,000,000	$	2,000,000	131686
TOTAL AGY Agency Fund Group			$	148,000,000	$	148,000,000	131687

Holding Account Redistribution Fund Group	131688

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	131689
R013	600644	Forgery Collections	$	10,000	$	10,000	131690
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	131691
TOTAL ALL BUDGET FUND GROUPS			$	19,881,336,782	$	20,707,186,534	131692

Section 309.20. SUPPORT SERVICES

131694

Section 309.20.10. AGENCY FUND GROUP

131695

The Agency Fund Group and Holding Account Redistribution Fund	131696
Group shall be used to hold revenues until the appropriate fund is	131697
determined or until the revenues are directed to the appropriate	131698
governmental agency other than the Department of Job and Family	131699
Services. If receipts credited to the Support Intercept – Federal	131700
Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830),	131701
the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit	131702
Settlements Fund (Fund R012), or the Forgery Collections Fund	131703
(Fund R013) exceed the amounts appropriated from the fund, the	131704
Director of Job and Family Services may request the Director of	131705
Budget and Management to authorize expenditures from the fund in	131706
excess of the amounts appropriated. Upon the approval of the	131707
Director of Budget and Management, the additional amounts are	131708
hereby appropriated.	131709

Section 309.30. MEDICAID

131710

Section 309.30.10. HEALTH CARE/MEDICAID

131711

The foregoing appropriation item 600525, Health	131712
Care/Medicaid, shall not be limited by section 131.33 of the	131713
Revised Code.	131714

Section 309.30.12. MEDICAID COVERAGE OF OXYGEN SERVICES TO	131715
ICF/MR RESIDENTS	131716

Of the foregoing appropriation item 600525, Health	131717
Care/Medicaid, $30,000 in each fiscal year shall be used to	131718
reimburse medical suppliers of oxygen services in accordance with	131719
section 5111.236 of the Revised Code.	131720

Section 309.30.15. CHILDREN'S HOSPITALS

131721

(A) As used in this section:

131722

(1) "Children's hospital" means a hospital that primarily	131723
serves patients eighteen years of age and younger and is excluded	131724
from Medicare prospective payment in accordance with 42 C.F.R.	131725
412.23(d).	131726

(2) "Medicaid inpatient cost-to-charge ratio" means the	131727
historic Medicaid inpatient cost-to-charge ratio applicable to a	131728
hospital as described in rules adopted by the Director of Job and	131729
Family Services in paragraph (B)(2) of rule 5101:3-2-22 of the	131730
Administrative Code.	131731

(B) Notwithstanding paragraph (C)(5) of rule 5101:3-2-07.9 of	131732
the Administrative Code and except as provided in division (C) of	131733
this section, the Director of Job and Family Services shall pay a	131734
children's hospital that meets the criteria in paragraphs (E)(1)	131735
and (2) of rule 5101:3-2-07.9 of the Administrative Code, for each	131736
cost outlier claim made in fiscal years 2010 and 2011, an amount	131737
that is the product of the hospital's allowable charges and the	131738
hospital's Medicaid inpatient cost-to-charge ratio.	131739

(C) The Director of Job and Family Services shall cease	131740
paying a children's hospital for a cost outlier claim under the	131741
methodology in division (B) of this section and revert to paying	131742
the hospital for such a claim according to the methodology in	131743
paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of the	131744
Administrative Code, as applicable, when the difference between	131745
the total amount the Director has paid according to the	131746
methodology in division (B) of this section for such claims and	131747
the total amount the Director would have paid according to the	131748
methodology in paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of	131749
the Administrative Code for such claims, as the applicable	131750
paragraph existed on June 30, 2009, exceeds the amounts available	131751
under division (F) of this section.	131752

(D) The Director of Job and Family Services shall make	131753
supplemental Medicaid payments to children's hospitals for	131754
inpatient services under a program modeled after the program the	131755
Department of Job and Family Services was required to create for	131756
fiscal years 2006 and 2007 in Section 206.66.79 of Am. Sub. H.B.	131757
66 of the 126th General Assembly if the difference between the	131758
total amount the Director has paid according to the methodology	131759
in division (B) of this section for cost outlier claims and the	131760
total amount the Director would have paid according to the	131761
methodology in paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9	131762
of the Administrative Code for such claims, as the applicable	131763
paragraph existed on June 30, 2009, does not require the	131764
expenditure of all state and federal funds available under	131765
division (F) of this section for the applicable fiscal year. The	131766
program may be the same as the program the Director used for	131767
making the payments to children's hospitals for fiscal years	131768
2008 and 2009 under Section 309.30.13 of Am. Sub. H.B. 119 of	131769
the 127th General Assembly.	131770

(E) The Director of Job and Family Services shall not adopt,	131771
amend, or rescind any rules that would result in decreasing the	131772
amount paid to children's hospitals under division (B) of this	131773
section for cost outlier claims.	131774

(F) Of the foregoing appropriation item, 600537, Children's	131775
Hospital, up to $6 million (state share) in each fiscal year plus	131776
the corresponding federal match, if available, shall be used by	131777
the Department to pay the amounts described in divisions (B) and	131778
(D) of this section. Of the amounts deposited into the Hospital	131779
Assessment Fund created under section 5112.45 of the Revised	131780
Code, $4.4 million in fiscal year 2010, plus the corresponding	131781
federal match, and $4 million in fiscal year 2011, plus the	131782
corresponding federal match, also shall be used by the Department	131783
to pay the amounts described in divisions (B) and (D) of this	131784
section.	131785

Section 309.30.17. HOSPITAL INPATIENT AND OUTPATIENT	131786
SUPPLEMENTAL UPPER PAYMENT LIMIT PROGRAM	131787

(A) As used in this section:

131788

(1) "Assessment program year" has the same meaning as in	131789
section 5112.40 of the Revised Code.	131790

(2) "Hospital" has the same meaning as in Section 5112.40 of	131791
the Revised Code, except that "hospital" excludes a children's	131792
hospital as defined in Section 309.30.15 of this act.	131793

(3) "Hospital Assessment Fund" means the fund created under	131794
section 5112.45 of the Revised Code.	131795

(B) The Director of Job and Family Services shall submit a	131796
Medicaid state plan amendment to the United States Secretary of	131797
Health and Human Services to create the Hospital Inpatient and	131798
Outpatient Supplemental Upper Payment Limit Program. If the	131799
United States Secretary approves the Medicaid state plan	131800
amendment, the program shall, subject to division (D) of this	131801
section, make supplemental Medicaid payments to hospitals for	131802
medicaid-covered inpatient services and outpatient services with	131803
funds made available for the program under division (C) of this	131804
section and federal matching funds available for the program.	131805

(C) Of the amounts deposited into the Hospital Assessment	131806
Fund for the first assessment program year beginning after the	131807
effective date of this section, nine and sixteen hundredths per	131808
cent shall be used for the Hospital Inpatient and Outpatient	131809
Supplemental Upper Payment Limit Program. Of the amounts deposited	131810
into the Hospital Assessment Fund for the second assessment	131811
program year beginning after the effective date of this section,	131812
ten and twenty-nine hundredths per cent shall be used for the	131813
Hospital Inpatient and Outpatient Supplemental Upper Payment Limit	131814
Program.	131815

(D) The Director of Job and Family Services shall take all	131816
necessary actions to cease implementation of this section if the	131817
United States Secretary of Health and Human Services determines	131818
that the assessment imposed under section 5112.41 of the Revised	131819
Code is an impermissible health care-related tax under 42 U.S.C.	131820
1396b(w).	131821

Section 309.30.18. POSTPONEMENT OF RECALIBRATION FOR	131822
HOSPITALS	131823

The Director of Job and Family Services shall amend rule	131824
5101:3-2-07.3 of the Administrative Code to postpone to January 1,	131825
2012, the recalibration that otherwise would occur on January 1,	131826
2010, under that rule and to postpone to January 1, 2013, the	131827
recalibration that otherwise would occur on January 1, 2011, under	131828
that rule.	131829

Section 309.30.20. FISCAL YEAR 2010 MEDICAID REIMBURSEMENT	131830
SYSTEM FOR NURSING FACILITIES	131831

(A) As used in this section:

131832

"Franchise permit fee," "Medicaid days," "nursing facility,"	131833
and "provider" have the same meanings as in section 5111.20 of	131834
the Revised Code.	131835

"Nursing facility services" means nursing facility services	131836
covered by the Medicaid program that a nursing facility provides	131837
to a resident of the nursing facility who is a Medicaid recipient	131838
eligible for Medicaid-covered nursing facility services.	131839

(B) Except as otherwise provided by this section, the	131840
provider of a nursing facility that has a valid Medicaid provider	131841
agreement on June 30, 2009, and a valid Medicaid provider	131842
agreement during fiscal year 2010 shall be paid, for nursing	131843
facility services the nursing facility provides during fiscal year	131844
2010, the rate calculated for the nursing facility under sections	131845
5111.20 to 5111.33 of the Revised Code with the following	131846
adjustments:	131847

(1) The cost per case mix-unit calculated under section	131848
5111.231 of the Revised Code, the rate for ancillary and support	131849
costs calculated under section 5111.24 of the Revised Code, the	131850
rate for tax costs calculated under section 5111.242 of the	131851
Revised Code, and the rate for capital costs calculated under	131852
section 5111.25 of the Revised Code shall each be adjusted as	131853
follows:	131854

(a) Increase the cost and rates so calculated by two per	131855
cent;	131856

(b) Increase the cost and rates determined under division	131857
(B)(1)(a) of this section by two per cent;	131858

(c) Increase the cost and rates determined under division	131859
(B)(1)(b) of this section by one per cent.	131860

(2) The mean payment used in the calculation of the quality	131861
incentive payment made under section 5111.244 of the Revised Code	131862
shall be, weighted by Medicaid days, three dollars and three cents	131863
per Medicaid day.	131864

(3) The rate, after the adjustments under divisions (B)(1)	131865
and (2) of this section are made, shall be further adjusted by a	131866
percentage that the Department of Job and Family Services shall	131867
determine in consultation with the Ohio Health Care Association;	131868
Ohio Academy of Nursing Homes; and the Association of Ohio	131869
Philanthropic Homes, Housing, and Services for the Aging. The	131870
percentage shall be based on expending an amount equal to the	131871
amount determined as follows:	131872

(a) Determine how much of the revenue to be generated under	131873
section 3721.51 of the Revised Code for fiscal year 2010 reflects	131874
the calculations made under divisions (A)(1) to (4) of section	131875
3721.50 of the Revised Code;	131876

(b) From the amount determined under division (B)(3)(a) of	131877
this section, subtract the portion of the amount to be expended	131878
under division (E) of this section that reflects the part of the	131879
calculation made under division (E)(2) of this section.	131880

(C) If the rate determined for a nursing facility under	131881
division (B) of this section for nursing facility services	131882
provided during fiscal year 2010 is more than one hundred one and	131883
seventy-five hundredths per cent of the rate the provider is paid	131884
for nursing facility services the nursing facility provides on	131885
June 30, 2009, the Department of Job and Family Services shall	131886
reduce the nursing facility's rate determined under division (B)	131887
of this section for fiscal year 2010 so that the rate is not more	131888
than one hundred one and seventy-five hundredths per cent of the	131889
nursing facility's rate for June 30, 2009. If the rate	131890
determined for a nursing facility under division (B) of this	131891
section for nursing facility services provided during fiscal year	131892
2010 is less than ninety-nine per cent of the rate the provider	131893
is paid for nursing facility services the nursing facility	131894
provides on June 30, 2009, the Department shall increase the	131895
nursing facility's rate determined under division (B) of this	131896
section for fiscal year 2010 so that the rate is not less than	131897
ninety-nine per cent of the nursing facility's rate for June 30,	131898
2009.	131899

(D) After the adjustments under divisions (B) and (C) of this	131900
section are made to a nursing facility's fiscal year 2010 rate,	131901
the Department of Job and Family Services shall increase the	131902
nursing facility's fiscal year 2010 rate by five dollars and	131903
seventy cents per Medicaid day. This increase shall be known as	131904
the workforce development incentive payment. The total amount of	131905
workforce development incentive payments paid to providers of	131906
nursing facilities shall be used to improve nursing facilities'	131907
employee retention and direct care staffing levels, including by	131908
increasing wages paid to nursing facilities' direct care staff.	131909
Not later than September 30, 2011, the Department shall submit a	131910
report to the Governor and, in accordance with section 101.68 of	131911
the Revised Code, the General Assembly detailing the impact that	131912
the workforce development incentive payments have on nursing	131913
facilities' employee retention, direct care staffing levels, and	131914
direct care staff wages.	131915

(E) After the adjustment under division (D) of this section	131916
is made to a nursing facility's fiscal year 2010 rate, the	131917
Department of Job and Family Services shall increase the nursing	131918
facility's fiscal year 2010 rate by the consolidated services rate	131919
per Medicaid day. The consolidated services rate shall equal the	131920
sum of the following:	131921

(1) Three dollars and ninety-one cents;

131922

(2) The amount calculated under divisions (A)(1) to (4) of	131923
section 3721.50 of the Revised Code for fiscal year 2010.	131924

(F) If the fiscal year 2010 rate for a nursing facility as	131925
initially determined under division (B) of this section is not	131926
subject to an adjustment under division (C) of this section, the	131927
nursing facility's rate shall not be subject to an adjustment	131928
under that division for the remainder of fiscal year 2010	131929
regardless of any other adjustment made to the nursing facility's	131930
fiscal year 2010 rate under sections 5111.20 to 5111.33 of the	131931
Revised Code.	131932

(G) Not later than October 1, 2009, the Department of Job and	131933
Family Services shall determine the rates to be paid providers of	131934
nursing facilities under this section. Until the rates are	131935
determined, the Department shall continue to pay a provider the	131936
rate the provider is paid for nursing facility services the	131937
provider's nursing facility provides on June 30, 2009. When the	131938
Department determines the rates to be paid under this section, the	131939
Department shall pay the rates retroactive to July 1, 2009.	131940

(H) If the United States Centers for Medicare and Medicaid	131941
Services requires that the franchise permit fee be reduced or	131942
eliminated, the Department of Job and Family Services shall reduce	131943
the amount it pays providers of nursing facility services under	131944
this section as necessary to reflect the loss to the state of the	131945
revenue and federal financial participation generated from the	131946
franchise permit fee.	131947

(I) The Department of Job and Family Services shall follow	131948
this section in determining the rate to be paid to the provider of	131949
a nursing facility that has a valid Medicaid provider agreement on	131950
June 30, 2009, and a valid Medicaid provider agreement during	131951
fiscal year 2010 notwithstanding anything to the contrary in	131952
sections 5111.20 to 5111.33 of the Revised Code.	131953

Section 309.30.25. FISCAL YEAR 2011 MEDICAID REIMBURSEMENT	131954
SYSTEM FOR NURSING FACILITIES	131955

(A) As used in this section:

131956

"Fiscal year 2010 partial rate" means the total rate a	131957
provider of a nursing facility is paid for nursing facility	131958
services the nursing facility provides on June 30, 2010, less the	131959
portion of that total rate that equals the sum of the workforce	131960
development incentive payment and consolidated services rate	131961
included in the total rate pursuant to divisions (D) and (E) of	131962
Section 309.30.20 of this act.	131963

"Franchise permit fee," "Medicaid days," "nursing facility,"	131964
and "provider" have the same meanings as in section 5111.20 of the	131965
Revised Code.	131966

"Nursing facility services" means nursing facility services	131967
covered by the Medicaid program that a nursing facility provides	131968
to a resident of the nursing facility who is a Medicaid recipient	131969
eligible for Medicaid-covered nursing facility services.	131970

(B) Except as otherwise provided by this section, the	131971
provider of a nursing facility that has a valid Medicaid provider	131972
agreement on June 30, 2010, and a valid Medicaid provider	131973
agreement during fiscal year 2011 shall be paid, for nursing	131974
facility services the nursing facility provides during fiscal year	131975
2011, the rate calculated for the nursing facility under sections	131976
5111.20 to 5111.33 of the Revised Code with the following	131977
adjustments:	131978

(1) The cost per case mix-unit calculated under section	131979
5111.231 of the Revised Code, the rate for ancillary and support	131980
costs calculated under section 5111.24 of the Revised Code, the	131981
rate for tax costs calculated under section 5111.242 of the	131982
Revised Code, and the rate for capital costs calculated under	131983
section 5111.25 of the Revised Code shall each be adjusted as	131984
follows:	131985

(a) Increase the cost and rates so calculated by two per	131986
cent;	131987

(b) Increase the cost and rates determined under division	131988
(B)(1)(a) of this section by two per cent;	131989

(c) Increase the cost and rates determined under division	131990
(B)(1)(b) of this section by one per cent.	131991

(2) The mean payment used in the calculation of the quality	131992
incentive payment made under section 5111.244 of the Revised Code	131993
shall be, weighted by Medicaid days, three dollars and three cents	131994
per Medicaid day.	131995

(3) The rate, after the adjustments under divisions (B)(1)	131996
and (2) of this section are made, shall be further adjusted by a	131997
percentage that the Department of Job and Family Services shall	131998
determine in consultation with the Ohio Health Care Association;	131999
Ohio Academy of Nursing Homes; and the Association of Ohio	132000
Philanthropic Homes, Housing, and Services for the Aging. The	132001
percentage shall be based on expending an amount equal to the	132002
amount determined as follows:	132003

(a) Determine how much of the revenue to be generated under	132004
section 3721.51 of the Revised Code for fiscal year 2011 reflects	132005
the calculations made under divisions (A)(1) to (4) of section	132006
3721.50 of the Revised Code;	132007

(b) From the amount determined under division (B)(3)(a) of	132008
this section, subtract the portion of the amount to be expended	132009
under division (E) of this section that reflects the part of the	132010
calculation made under division (E)(2) of this section.	132011

(C) Except as provided in division (F) of this section, if	132012
the rate determined for a nursing facility under division (B) of	132013
this section for nursing facility services provided during fiscal	132014
year 2011 is more than one hundred two and twenty-five hundredths	132015
per cent of the nursing facility's fiscal year 2010 partial rate,	132016
the Department of Job and Family Services shall reduce the	132017
nursing facility's rate determined under division (B) of this	132018
section for fiscal year 2011 so that the rate is not more than	132019
one hundred two and twenty-five hundredths per cent of the	132020
nursing facility's fiscal year 2010 partial rate. Except as	132021
provided in division (F) of this section, if the rate determined	132022
for a nursing facility under division (B) of this section for	132023
nursing facility services provided during fiscal year 2011 is	132024
less than ninety-nine per cent of the nursing facility's fiscal	132025
year 2010 partial rate, the Department shall increase the	132026
nursing facility's rate determined under division (B) of this	132027
section for fiscal year 2011 so that the rate is not less than	132028
ninety-nine per cent of the nursing facility's fiscal year 2010	132029
partial rate.	132030

(D) After the adjustments under divisions (B) and (C) of this	132031
section are made to a nursing facility's fiscal year 2011 rate,	132032
the Department of Job and Family Services shall increase the	132033
nursing facility's fiscal year 2011 rate by five dollars and	132034
seventy cents per Medicaid day. This increase shall be known as	132035
the workforce development incentive payment. The total amount of	132036
workforce development incentive payments paid to providers of	132037
nursing facilities shall be used to improve nursing facilities'	132038
employee retention and direct care staffing levels, including by	132039
increasing wages paid to nursing facilities' direct care staff.	132040
Not later than September 30, 2012, the Department shall submit a	132041
report to the Governor and, in accordance with section 101.68 of	132042
the Revised Code, the General Assembly detailing the impact that	132043
the workforce development incentive payments have on nursing	132044
facilities' employee retention, direct care staffing levels, and	132045
direct care staff wages.	132046

(E) After the adjustment under division (D) of this section	132047
is made to a nursing facility's fiscal year 2011 rate, the	132048
Department of Job and Family Services shall increase the nursing	132049
facility's fiscal year 2011 rate by the consolidated services rate	132050
per Medicaid day. The consolidated services rate shall equal the	132051
sum of the following:	132052

(1) Three dollars and ninety-one cents;

132053

(2) The amount calculated under divisions (A)(1) to (4) of	132054
section 3721.50 of the Revised Code for fiscal year 2011.	132055

(F) If the fiscal year 2010 rate for a nursing facility as	132056
initially determined under division (B) of section 309.30.20 of	132057
this act is not subject to an adjustment under division (C) of	132058
that section, the nursing facility's fiscal year 2011 rate as	132059
initially determined under division (B) of this section shall not	132060
be subject to an adjustment under division (C) of this section	132061
regardless of whether the nursing facility's fiscal year 2011 rate	132062
as initially determined under division (B) of this section would,	132063
if not for this division, be subject to the adjustment.	132064

If the fiscal year 2011 rate for a nursing facility as	132065
initially determined under division (B) of this section is not	132066
subject to an adjustment under division (C) of this section, the	132067
nursing facility's rate shall not be subject to an adjustment	132068
under that division for the remainder of fiscal year 2011	132069
regardless of any other adjustment made to the nursing facility's	132070
fiscal year 2011 rate under sections 5111.20 to 5111.33 of the	132071
Revised Code.	132072

(G) Not later than October 1, 2010, the Department of Job and	132073
Family Services shall determine the rates to be paid providers of	132074
nursing facilities under this section. Until the rates are	132075
determined, the Department shall continue to pay a provider the	132076
rate the provider is paid for nursing facility services the	132077
provider's nursing facility provides on June 30, 2010. When the	132078
Department determines the rates to be paid under this section, the	132079
Department shall pay the rates retroactive to July 1, 2010.	132080

(H) If the United States Centers for Medicare and Medicaid	132081
Services requires that the franchise permit fee be reduced or	132082
eliminated, the Department of Job and Family Services shall reduce	132083
the amount it pays providers of nursing facility services under	132084
this section as necessary to reflect the loss to the state of the	132085
revenue and federal financial participation generated from the	132086
franchise permit fee.	132087

(I) The Department of Job and Family Services shall follow	132088
this section in determining the rate to be paid to the provider of	132089
a nursing facility that has a valid Medicaid provider agreement on	132090
June 30, 2010, and a valid Medicaid provider agreement during	132091
fiscal year 2011 notwithstanding anything to the contrary in	132092
sections 5111.20 to 5111.33 of the Revised Code.	132093

Section 309.30.30. NURSING FACILITY CAPITAL COSTS STUDY

132094

Not later than December 31, 2010, the Department of Job and	132095
Family Services shall submit a report to the Governor and, in	132096
accordance with section 101.68 of the Revised Code, the General	132097
Assembly with recommendations for developing a new system for	132098
reimbursing nursing facilities' capital costs under the Medicaid	132099
program. The report may include recommendations for changes to	132100
other parts of the Medicaid reimbursement system for nursing	132101
facilities. The Department shall prepare the report in	132102
consultation with the Ohio Academy of Nursing Homes; the	132103
Association of Ohio Philanthropic Homes, Housing, and Services for	132104
the Aging; and the Ohio Health Care Association. The	132105
recommendations regarding the new system for reimbursing nursing	132106
facilities for capital costs shall focus on both of the following:	132107

(A) Resulting in a statewide average per diem rate, weighted	132108
by Medicaid days, for capital costs for the first fiscal year the	132109
system is implemented that is budget neutral compared to the	132110
statewide average per diem rate, weighted by Medicaid days, for	132111
capital costs under section 5111.25 of the Revised Code;	132112

(B) Appropriately recognizing increased costs incurred by	132113
nursing facilities for capital improvements to, and replacement	132114
of, existing nursing facilities.	132115

Section 309.30.60. FISCAL YEAR 2010 MEDICAID REIMBURSEMENT	132116
SYSTEM FOR ICFs/MR	132117

(A) As used in this section:

132118

"Change of operator," "entering operator," and "exiting	132119
operator" have the same meanings as in section 5111.65 of the	132120
Revised Code.	132121

"Franchise permit fee" and "provider" have the same meanings	132122
as in section 5111.20 of the Revised Code.	132123

"ICF/MR" means an intermediate care facility for the mentally	132124
retarded as defined in section 5111.20 of the Revised Code.	132125

"ICF/MR services" means services covered by the Medicaid	132126
program that an ICF/MR provides to a Medicaid recipient eligible	132127
for the services.	132128

"Medicaid days" means all days during which a resident who is	132129
a Medicaid recipient occupies a bed in an ICF/MR that is included	132130
in the ICF/MR's Medicaid-certified capacity. Therapeutic or	132131
hospital leave days for which payment is made under section	132132
5111.33 of the Revised Code are considered Medicaid days	132133
proportionate to the percentage of the ICF/MR's per resident per	132134
day rate paid for those days.	132135

"Per diem rate" means the per diem rate calculated pursuant	132136
to sections 5111.20 to 5111.33 of the Revised Code.	132137

(B) This section applies to providers of ICFs/MR to which	132138
either of the following applies:	132139

(1) The provider has a valid Medicaid provider agreement for	132140
the ICF/MR on June 30, 2009, and a valid Medicaid provider	132141
agreement for the ICF/MR during fiscal year 2010.	132142

(2) The ICF/MR undergoes a change of operator effective July	132143
1, 2009, the exiting operator has a valid Medicaid provider	132144
agreement for the ICF/MR on June 30, 2009, and the entering	132145
operator has a valid Medicaid provider agreement for the ICF/MR	132146
during fiscal year 2010.	132147

(C) Except as otherwise provided by this section, the	132148
provider of an ICF/MR to which this section applies shall be paid,	132149
for ICF/MR services the ICF/MR provides during fiscal year 2010,	132150
the rate calculated for the ICF/MR under sections 5111.20 to	132151
5111.33 of the Revised Code.	132152

(D) The provider of an ICF/MR to which this section applies	132153
shall be paid, for ICF/MR services the ICF/MR provides during the	132154
period beginning on the effective date of this section and ending	132155
July 31, 2009, the rate the provider was paid for ICF/MR services	132156
the ICF/MR provided on June 29, 2009.	132157

(E) If the mean total per diem rate for all ICFs/MR in this	132158
state for the period beginning August 1, 2009, and ending June 30,	132159
2010, weighted by May 2009 Medicaid days and calculated as of	132160
August 1, 2009, exceeds $278.15, the Department shall reduce,	132161
for the period beginning August 1, 2009, and ending June 30, 2010,	132162
the total per diem rate for each ICF/MR to which this section	132163
applies by a percentage that is equal to the percentage by which	132164
the mean total per diem rate exceeds $278.15.	132165

(F) The rate of an ICF/MR set pursuant to this section shall	132166
not be subject to any adjustments authorized by sections 5111.20	132167
to 5111.33 of the Revised Code, or any rule authorized by those	132168
sections, during the remainder of fiscal year 2010.	132169

(G) If the United States Centers for Medicare and Medicaid	132170
Services requires that the franchise permit fee be reduced or	132171
eliminated, the Department of Job and Family Services shall reduce	132172
the amount it pays providers of ICF/MR services under this section	132173
as necessary to reflect the loss to the state of the revenue and	132174
federal financial participation generated from the franchise	132175
permit fee.	132176

(H) The Department of Job and Family Services shall follow	132177
this section in determining the rate to be paid providers of	132178
ICF/MR services subject to this section notwithstanding anything	132179
to the contrary in sections 5111.20 to 5111.33 of the Revised	132180
Code.	132181

Section 309.30.70. FISCAL YEAR 2011 MEDICAID REIMBURSEMENT	132182
SYSTEM FOR ICFs/MR	132183

(A) As used in this section:

132184

"Change of operator," "entering operator," and "exiting	132185
operator" have the same meanings as in section 5111.65 of the	132186
Revised Code.	132187

"Franchise permit fee" and "provider" have the same meanings	132188
as in section 5111.20 of the Revised Code.	132189

"ICF/MR" means an intermediate care facility for the mentally	132190
retarded as defined in section 5111.20 of the Revised Code.	132191

"ICF/MR services" means services covered by the Medicaid	132192
program that an ICF/MR provides to a Medicaid recipient eligible	132193
for the services.	132194

"Medicaid days" means all days during which a resident who is	132195
a Medicaid recipient occupies a bed in an ICF/MR that is included	132196
in the ICF/MR's Medicaid-certified capacity. Therapeutic or	132197
hospital leave days for which payment is made under section	132198
5111.33 of the Revised Code are considered Medicaid days	132199
proportionate to the percentage of the ICF/MR's per resident per	132200
day rate paid for those days.	132201

"Per diem rate" means the per diem rate calculated pursuant	132202
to sections 5111.20 to 5111.33 of the Revised Code.	132203

(B) This section applies to providers of ICFs/MR to which	132204
either of the following applies:	132205

(1) The provider has a valid Medicaid provider agreement for	132206
the ICF/MR on June 30, 2010, and a valid Medicaid provider	132207
agreement for the ICF/MR during fiscal year 2011.	132208

(2) The ICF/MR undergoes a change of operator effective July	132209
1, 2010, the exiting operator has a valid Medicaid provider	132210
agreement for the ICF/MR on June 30, 2010, and the entering	132211
operator has a valid Medicaid provider agreement for the ICF/MR	132212
during fiscal year 2011.	132213

(C) Except as otherwise provided by this section, the	132214
provider of an ICF/MR to which this section applies shall be paid,	132215
for ICF/MR services the ICF/MR provides during fiscal year 2011,	132216
the rate calculated for the ICF/MR under sections 5111.20 to	132217
5111.33 of the Revised Code.	132218

(D) If the mean total per diem rate for all ICFs/MR in this	132219
state for fiscal year 2011, weighted by May 2010 Medicaid days and	132220
calculated as of July 1, 2010, exceeds $278.15, the Department	132221
shall reduce the total per diem rate for each ICF/MR to which	132222
this section applies by a percentage that is equal to the	132223
percentage by which the mean total per diem rate exceeds $278.15.	132224

(E) The rate of an ICF/MR set pursuant to this section shall	132225
not be subject to any adjustments authorized by sections 5111.20	132226
to 5111.33 of the Revised Code, or any rule authorized by those	132227
sections, during the remainder of fiscal year 2011.	132228

(F) If the United States Centers for Medicare and Medicaid	132229
Services requires that the franchise permit fee be reduced or	132230
eliminated, the Department of Job and Family Services shall reduce	132231
the amount it pays providers of ICF/MR services under this section	132232
as necessary to reflect the loss to the state of the revenue and	132233
federal financial participation generated from the franchise	132234
permit fee.	132235

(G) The Department of Job and Family Services shall follow	132236
this section in determining the rate to be paid providers of	132237
ICF/MR services subject to this section notwithstanding anything	132238
to the contrary in sections 5111.20 to 5111.33 of the Revised	132239
Code.	132240

Section 309.30.71. ICF/MR REIMBURSEMENT STUDY COUNCIL

132241

(A) There is hereby created the ICF/MR Reimbursement Study	132242
Council consisting of all of the following members:	132243

(1) The Director of Job and Family Services;

132244

(2) The Deputy Director of the Office of Ohio Health Plans of	132245
the Department of Job and Family Services;	132246

(3) The Director of Developmental Disabilities;

132247

(4) One representative of Medicaid recipients residing in	132248
intermediate care facilities for the mentally retarded, appointed	132249
by the Governor;	132250

(5) Two representatives of each of the following	132251
organizations, appointed by their respective governing bodies:	132252

(a) The Ohio Provider Resource Association;

132253

(b) The Ohio Health Care Association;

132254

(c) The Ohio Association of County Boards of Mental	132255
Retardation and Developmental Disabilities.	132256

Initial appointments of members described in divisions (A)(4)	132257
and (5) of this section shall be made not later than thirty days	132258
after the effective date of this section. Vacancies shall be	132259
filled in the same manner as the original appointments. Members	132260
described in those divisions shall serve at the pleasure of the	132261
official or governing body making the appointment of the member.	132262

The Director of Job and Family Services shall serve as	132263
chairperson of the council. Members of the council shall serve	132264
without compensation, except to the extent that serving on the	132265
council is part of their regular duties of employment.	132266

(B) The council shall review the system established by	132267
sections 5111.20 to 5111.33 of the Revised Code for reimbursing	132268
intermediate care facilities for the mentally retarded under the	132269
Medicaid program. Not later than July 1, 2010, the council shall	132270
issue a report of its activities, findings, and recommendations to	132271
the Governor, the Speaker of the House of Representatives, and the	132272
President of the Senate.	132273

(C) In its consideration of the system for reimbursing	132274
intermediate care facilities for the mentally retarded under	132275
division (B) of this section, the council shall use the following	132276
principles:	132277

(1) The system should appropriately account for differences	132278
in acuity and service needs among individuals in intermediate	132279
care facilities for the mentally retarded.	132280

(2) The system should support and encourage quality services,	132281
including both of the following elements:	132282

(a) A high level of coverage of direct care costs;

132283

(b) Pay for performance mechanisms.

132284

(3) The system should reflect appropriate recognition that	132285
virtually all individuals served in intermediate care facilities	132286
for the mentally retarded are Medicaid recipients.	132287

(4) The system should encourage cost-effective service	132288
delivery.	132289

(5) The system should encourage innovation in service	132290
delivery.	132291

(6) The system should encourage appropriate maintenance,	132292
improvement, and replacement of facilities.	132293

(D) The council shall cease to exist on the submission of a	132294
report under division (B) of this section.	132295

Section 309.30.73. INCREASE IN MEDICAID RATES FOR HOSPITAL	132296
INPATIENT AND OUTPATIENT SERVICES	132297

The Director of Job and Family Services shall amend rules	132298
adopted under section 5111.02 of the Revised Code as necessary to	132299
increase, for the period beginning October 1, 2009, and ending	132300
June 30, 2011, the Medicaid reimbursement rates for	132301
Medicaid-covered hospital inpatient services and hospital	132302
outpatient services that are paid under the prospective payment	132303
system established in those rules to rates that result in an	132304
amount that is five per cent higher than the amount resulting	132305
from the rates in effect on September 30, 2009.	132306

Section 309.30.75. REDUCTION IN COMMUNITY PROVIDER RATES

132307

The Director of Job and Family Services shall amend rules	132308
adopted under section 5111.02 of the Revised Code as necessary to	132309
reduce, effective January 1, 2010, the Medicaid reimbursement	132310
rates for the following Medicaid-covered services to rates that	132311
result in an amount that is at least three per cent lower than the	132312
amount resulting from the rates in effect on December 31, 2009:	132313

(A) Advanced practice nursing services;

132314

(B) Ambulatory surgery center services;

132315

132316

(D) Durable medical equipment;

132317

(E) Home health services;

132318

(F) Ambulance and ambulette services;

132319

(G) Physician services;

132320

(H) Physical therapy services;

132321

(I) Podiatry services;

132322

(J) Private duty nursing services;

132323

(K) Vision services;

132324

(L) Clinic services, other than rural health clinics and	132325
federally qualified health centers;	132326

(M) Occupational therapy services;

132327

(N) Dental services;

132328

(O) Services provided under a home and community-based	132329
services Medicaid waiver component, as defined in section 5111.85	132330
of the Revised Code, administered by the Department of Job and	132331
Family Services;	132332

(P) Other services the Director identifies, other than	132333
services for which a statute of this state sets the Medicaid	132334
reimbursement rate.	132335

Section 309.30.76. DISPENSING FEE FOR NONCOMPOUNDED DRUGS

132336

The Medicaid dispensing fee for each noncompounded drug	132337
covered by the Medicaid program shall be $1.80 for the period	132338
beginning January 1, 2010, and ending June 30, 2011.	132339

Section 309.30.80. RESIDENTIAL STATE SUPPLEMENT TRANSFER

132340

The Department of Aging may transfer cash from the foregoing	132341
appropriation item 490412, Residential State Supplement, and the	132342
PASSPORT/Residential State Supplement Fund (Fund 4J40), to the	132343
Home and Community-Based Services for the Aged Fund (Fund 4J50),	132344
used by the Department of Job and Family Services to make benefit	132345
payments to Residential State Supplement recipients. The transfer	132346
shall be made using an intrastate transfer voucher.	132347

Section 309.30.90. MONEY FOLLOWS THE PERSON

132348

The Director of Budget and Management may seek Controlling	132349
Board approval to do any of the following in support of any home	132350
and community-based services Medicaid waiver component:	132351

(A) Create new funds and appropriation items associated with	132352
a unified long-term care budget;	132353

(B) Transfer cash between funds used by affected agencies;

132354

(C) Transfer appropriation between appropriation items within	132355
a fund and used by the same state agency.	132356

Any transfers of cash approved by the Controlling Board under	132357
this section are hereby appropriated.	132358

Section 309.31.10. MONEY FOLLOWS THE PERSON ENHANCED	132359
REIMBURSEMENT FUND	132360

The Money Follows the Person Enhanced Reimbursement Fund is	132361
hereby created in the state treasury. This is a continuation of	132362
the fund created by Section 751.20 of Am. Sub. H.B. 562 of the	132363
127th General Assembly. The federal payments made to the state	132364
under subsection (e) of section 6071 of the "Deficit Reduction Act	132365
of 2005," Pub. L. No. 109-171, shall be deposited into the fund.	132366
The Department of Job and Family Services shall use money	132367
deposited into the fund for system reform activities related to	132368
the Money Follows the Person demonstration project.	132369

Section 309.31.20. MEDICARE PART D

132370

The foregoing appropriation item 600526, Medicare Part D,	132371
may be used by the Department of Job and Family Services for the	132372
implementation and operation of the Medicare Part D requirements	132373
contained in the "Medicare Prescription Drug, Improvement, and	132374
Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon	132375
the request of the Department of Job and Family Services, the	132376
Director of Budget and Management may transfer the state share of	132377
appropriations between appropriation item 600525, Health	132378
Care/Medicaid, or appropriation item 600526, Medicare Part D. If	132379
the state share of appropriation item 600525, Health	132380
Care/Medicaid, is adjusted, the Director of Budget and Management	132381
shall adjust the federal share accordingly. The Department of Job	132382
and Family Services shall provide notification to the Controlling	132383
Board of any transfers at the next scheduled Controlling Board	132384
meeting.	132385

Section 309.31.23. MEDICARE PART D APPROPRIATIONS

132386

If the Centers for Medicare and Medicaid Services do not	132387
reduce the Medicaid grant award in lieu of state payments for	132388
Medicare Part D services as planned in state fiscal years 2010 and	132389
2011, the appropriation in appropriation item 600526, Medicare	132390
Part D, shall be increased by the amount of the unanticipated GRF	132391
Medicaid grant award received. The unanticipated amounts are	132392
hereby appropriated.	132393

Section 309.31.30. OHIO ACCESS SUCCESS PROJECT AND	132394
IDENTIFICATION OF OVERPAYMENTS	132395

Notwithstanding any limitations in sections 3721.51 and	132396
3721.56 of the Revised Code, in each fiscal year, cash from the	132397
Home and Community-Based Services for the Aged Fund (Fund 4J50),	132398
in excess of the amounts needed for the transfers to the	132399
PASSPORT/Residential State Supplement Fund (Fund 4J40) used by	132400
the Department of Aging, may be used by the Department of Job	132401
and Family Services for the following purposes: (A) up to	132402
$3,000,000 in each fiscal year to fund the state share of audits	132403
or limited reviews of Medicaid providers; and (B) up to $450,000	132404
in each fiscal year to provide one-time transitional benefits	132405
under the Ohio Access Success Project that the Director of Job	132406
and Family Services may establish under section 5111.97 of the	132407
Revised Code.	132408

Section 309.31.40. TRANSFER OF FUNDS TO THE DEPARTMENT OF	132409
AGING	132410

The Department of Job and Family Services shall transfer	132411
$33,263,984 cash in each fiscal year from the Home and	132412
Community-Based Services for the Aged Fund (Fund 4J50) to the	132413
PASSPORT/Residential State Supplement Fund (Fund 4J40), used by	132414
the Department of Aging. The transfer may occur on a quarterly	132415
basis or on a schedule developed and agreed to by both	132416
departments. The transfer shall be made using an intrastate	132417
transfer voucher.	132418

Section 309.31.50. PROVIDER FRANCHISE FEE OFFSETS

132419

(A) At least quarterly, the Director of Job and Family	132420
Services shall certify to the Director of Budget and Management	132421
both of the following:	132422

(1) The amount of offsets withheld under section 3721.541 of	132423
the Revised Code from payments made from the General Revenue Fund.	132424

(2) The amount of offsets withheld under section 5112.341 of	132425
the Revised Code from payments made from the General Revenue Fund.	132426

(B) The Director of Budget and Management may transfer cash	132427
from the General Revenue Fund to all of the following:	132428

(1) The Home and Community Based Services for the Aged Fund	132429
(Fund 4J50), or the Nursing Facility Stabilization Fund (Fund	132430
5R20), in accordance with sections 3721.56 and 3721.561 of the	132431
Revised Code;	132432

(2) The ICF/MR Bed Assessments Fund (Fund 4K10).

132433

(C) Amounts transferred pursuant to this section are hereby	132434
appropriated.	132435

Section 309.31.55. REPORT ON PROVIDER FRANCHISE PERMIT FEES

132436

If the Department of Job and Family Services conducts a study	132437
on the issue of funding the Medicaid program through franchise	132438
permit fees on providers of health-care services, the Department	132439
shall submit a copy of a report regarding the study to the General	132440
Assembly in accordance with section 101.68 of the Revised Code.	132441

Section 309.31.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF	132442
DEVELOPMENTAL DISABILITIES	132443

The Department of Job and Family Services shall transfer	132444
$12,000,000 cash in each fiscal year from the ICF/MR Bed	132445
Assessments Fund (Fund 4K10) to the Home and Community-Based	132446
Services Fund (Fund 4K80), used by the Department of Developmental	132447
Disabilities. The transfer may occur on a quarterly basis or on a	132448
schedule developed and agreed to by both departments. The	132449
transfer shall be made using an intrastate transfer voucher.	132450

Section 309.31.70. FUNDING FOR TRANSITION WAIVER SERVICES

132451

Notwithstanding any limitations contained in sections 5112.31	132452
and 5112.37 of the Revised Code, in each fiscal year, cash from	132453
the ICF/MR Bed Assessments Fund (Fund 4K10) in excess of the	132454
amounts needed for transfers to the Home and Community-Based	132455
Services Fund (Fund 4K80), used by the Department of	132456
Developmental Disabilities, may be used by the Department of Job	132457
and Family Services to cover costs of care provided to	132458
participants in a waiver with an ICF/MR level of care requirement	132459
administered by the Department of Job and Family Services.	132460

Section 309.31.80. HOSPITAL CARE ASSURANCE MATCH

132461

The foregoing appropriation item 600650, Hospital Care	132462
Assurance Match, shall be used by the Department of Job and Family	132463
Services solely for distributing funds to hospitals under section	132464
5112.08 of the Revised Code.	132465

Section 309.31.90. HEALTH CARE SERVICES ADMINISTRATION FUND

132466

Of the amount received by the Department of Job and Family	132467
Services during fiscal year 2010 and fiscal year 2011 from the	132468
first installment of assessments paid under section 5112.06 of the	132469
Revised Code and intergovernmental transfers made under section	132470
5112.07 of the Revised Code, the Director of Job and Family	132471
Services shall deposit $350,000 in each fiscal year into the state	132472
treasury to the credit of the Health Care Services Administration	132473
Fund (Fund 5U30).	132474

Section 309.32.10. MEDICAID PROGRAM SUPPORT FUND - STATE

132475

The foregoing appropriation item 600671, Medicaid Program	132476
Support, shall be used by the Department of Job and Family	132477
Services to pay for Medicaid services and contracts. The	132478
Department may also deposit to Fund 5C90 revenues received from	132479
other state agencies for Medicaid services under the terms of	132480
interagency agreements between the Department and other state	132481
agencies.	132482

Section 309.32.20. TRANSFERS OF IMD/DSH CASH TO THE	132483
DEPARTMENT OF MENTAL HEALTH	132484

The Department of Job and Family Services shall transfer cash	132485
from the Medicaid Program Support Fund (Fund 5C90), to the	132486
Behavioral Health Medicaid Services Fund (Fund 4X50), used by the	132487
Department of Mental Health, in accordance with an interagency	132488
agreement that delegates authority from the Department of Job and	132489
Family Services to the Department of Mental Health to administer	132490
specified Medicaid services. The transfer shall be made using an	132491
intrastate transfer voucher.	132492

The Department of Job and Family Services shall transfer	132493
$14,700,000 cash, during the FY 2010-FY 2011 biennium, from the	132494
Medicaid Program Support Fund (Fund 5C90), to the Sale of Goods	132495
and Services Fund (Fund 1490), used by the Department of Mental	132496
Health. The transfer shall be made using an intrastate transfer	132497
voucher.	132498

The Director of Budget and Management shall transfer	132499
$4,700,000 cash in fiscal year 2010 and $3,200,000 cash in fiscal	132500
year 2011 from the Medicaid Program Support Fund (Fund 5C90) to	132501
the Nursing Facility Stabilization Fund (Fund 5R20).	132502

Section 309.32.30. PRESCRIPTION DRUG REBATE FUND

132503

The foregoing appropriation item 600692, Health Care	132504
Services, shall be used by the Department of Job and Family	132505
Services to pay for Medicaid services and contracts.	132506

Section 309.32.40. FEDERAL MATCH FOR ADAMHS BOARDS'	132507
ADMINISTRATIVE COSTS	132508

As used in this section, "community behavioral health boards"	132509
means boards of alcohol, drug addiction, and mental health	132510
services, community mental health boards, and alcohol and drug	132511
addiction services boards.	132512

Not later than October 1, 2009, the Director of Job and	132513
Family Services shall seek federal approval to establish a system	132514
under which community behavioral health boards obtain federal	132515
financial participation for the allowable administrative	132516
activities the boards perform in the administration of the	132517
Medicaid program. The Director shall implement the system on	132518
receipt of federal approval. The Director shall work with the	132519
Directors of Alcohol and Drug Addiction Services and Mental	132520
Health and representatives of community behavioral health boards	132521
when implementing this section.	132522

Section 309.32.43. FUNDING OF MEDICAID-COVERED COMMUNITY	132523
BEHAVIORAL HEALTH SERVICES	132524

(A) As used in this section:

132525

"Community behavioral health boards" means boards of alcohol,	132526
drug addiction, and mental health services; community mental	132527
health boards; and alcohol and drug addiction services boards.	132528

"Community mental health facility" has the same meaning as in	132529
section 5111.023 of the Revised Code.	132530

(B) Notwithstanding any conflicting provision of sections	132531
5111.912 and 5111.913 of the Revised Code, both of the following	132532
apply to community behavioral health boards with respect to	132533
payments made under those sections for the nonfederal share of	132534
Medicaid payments to providers for services under a Medicaid	132535
component, or aspect of a component, the Department of Mental	132536
Health or Department of Alcohol and Drug Addiction Services	132537
administers:	132538

(1) A community behavioral health board shall use state funds	132539
provided to the board for the purpose of funding community mental	132540
health services to make the payments.	132541

(2) In addition to the funds used under division (B)(1) of	132542
this section, a community behavioral health board may use money	132543
available to the board that is raised by a county tax levy to make	132544
the payments if using the money for that purpose is consistent	132545
with the purpose for which the tax was levied.	132546

(C) Notwithstanding division (C) of section 5111.023 of the	132547
Revised Code, the comprehensive annual plan specified in that	132548
division may certify the availability of unencumbered community	132549
mental health local funds to match federal Medicaid reimbursement	132550
funds earned by community mental health facilities.	132551

(D) This section expires on July 1, 2011.

132552

Section 309.32.45. MEDICAID NONEMERGENCY MEDICAL	132553
TRANSPORTATION MANAGEMENT PILOT PROGRAM	132554

(A) The Department of Job and Family Services shall establish	132555
a Medicaid nonemergency medical transportation management pilot	132556
program. The pilot program shall be operated for two years.	132557

(B) A county department of job and family services serving a	132558
county with a population greater than two hundred thousand	132559
persons may participate in the pilot program. A county department	132560
participating in the pilot program shall identify which groups of	132561
Medicaid recipients residing in the county shall be required to	132562
participate in the pilot program. The county department shall also	132563
contract with one or more medical transportation management	132564
organizations to have the organizations manage nonemergency	132565
medical transportation services provided under the Medicaid	132566
program to the groups required to participate in the pilot	132567
program. To be eligible to contract with a county department, a	132568
medical transportation management organization must have	132569
experience in coordinating nonemergency medical transportation	132570
services.	132571

(C) A medical transportation management organization that	132572
contracts with a county department shall report monthly to the	132573
county department. Each report shall contain all of the following	132574
information:	132575

(1) A description of the transportation services provided to	132576
Medicaid recipients participating in the pilot program, including	132577
details on the varying modes of transportation used in providing	132578
the services and the frequency at which the services were	132579
provided;	132580

(2) The number of times nonemergency medical transportation	132581
providers failed to arrive for an appointment to transport a	132582
participant in the pilot program;	132583

(3) The number of times nonemergency medical transportation	132584
providers were late for an appointment to transport a participant	132585
in the pilot program and the lengths of the delays;	132586

(4) The cost of the nonemergency medical transportation	132587
services provided to participants in the pilot program;	132588

(5) Other indicators of the quality of nonemergency	132589
transportation services provided to participants in the pilot	132590
program that the county department requests to be included in the	132591
reports.	132592

(D) On conclusion of the pilot program, the Department, with	132593
assistance from each county department that participated in the	132594
pilot program, shall submit a report regarding the pilot program	132595
to the Governor, and in accordance with section 101.68 of the	132596
Revised Code, the General Assembly. The report shall specify the	132597
amount of savings, if any, the Medicaid program realized as a	132598
result of the pilot program.	132599

Section 309.32.70. DURABLE MEDICAL EQUIPMENT STUDY

132600

The Department of Job and Family Services shall prepare and	132601
submit to the Speaker and Minority Leader of the House of	132602
Representatives and the President and Minority Leader of the	132603
Senate a report on expenditures for durable medical equipment by	132604
the Medicaid program. In preparing the report, the Department	132605
shall do all of the following:	132606

(A) Identify the types of durable medical equipment that	132607
represent, in total, greater than fifty per cent of the state's	132608
total Medicaid expenditures for durable medical equipment;	132609

(B) Consult with durable medical equipment suppliers to	132610
identify cost-saving strategies;	132611

(C) Evaluate opportunities for competitive purchasing	132612
procedures for durable medical equipment.	132613

The report prepared under this section shall include	132614
recommendations on strategies to reduce the Medicaid program's	132615
costs for durable medical equipment. The report shall be submitted	132616
not later than July 1, 2010.	132617

Section 309.40. FAMILY STABILITY

132618

Section 309.40.10. FOOD STAMPS TRANSFER

132619

On July 1, 2009, or as soon as possible thereafter, the	132620
Director of Budget and Management may transfer up to $1,000,000	132621
cash from the Food Stamp Program Fund (Fund 3840), to the Food	132622
Assistance Fund (Fund 5ES0).	132623

Section 309.40.20. NAME OF FOOD STAMP PROGRAM

132624

The Director of Job and Family Services is not required to	132625
amend rules regarding the Food Stamp Program to change the name of	132626
the program to the Supplemental Nutrition Assistance Program. The	132627
Director may refer to the program as the Food Stamp Program or	132628
the Food Assistance Program in rules and documents of the	132629
Department of Job and Family Services.	132630

Section 309.40.30. OHIO ASSOCIATION OF SECOND HARVEST FOOD	132631
BANKS	132632

The foregoing appropriation item 600540, Second Harvest Food	132633
Banks, shall be used to provide funds to the Ohio Association of	132634
Second Harvest Food Banks to purchase and distribute food	132635
products.	132636

Notwithstanding section 5101.46 of the Revised Code and any	132637
other provision in this bill, in addition to funds designated for	132638
the Ohio Association of Second Harvest Food Banks in this	132639
section, in fiscal years 2010 and 2011, the Director of Job and	132640
Family Services shall provide assistance from eligible funds to	132641
the Ohio Association of Second Harvest Food Banks in an amount	132642
equal to the assistance provided in state fiscal year 2009.	132643

Section 309.40.50. CHILD SUPPORT COLLECTIONS/TANF MOE

132644

The foregoing appropriation item 600658, Child Support	132645
Collections, shall be used by the Department of Job and Family	132646
Services to meet the TANF maintenance of effort requirements of 42	132647
U.S.C. 609(a)(7). When the state is assured that it will meet the	132648
maintenance of effort requirement, the Department of Job and	132649
Family Services may use funds from appropriation item 600658,	132650
Child Support Collections, to support public assistance	132651
activities.	132652

Section 309.40.55. KINSHIP PERMANENCY INCENTIVE PROGRAM

132653

The foregoing appropriation item 600541, Kinship Permanency	132654
Incentive Program, shall be used to support the Kinship Permanency	132655
Incentive Program created under section 5101.802 of the Revised	132656
Code.	132657

Section 309.40.60. EARLY LEARNING INITIATIVE

132658

(A) As used in this section:

132659

(1) "Title IV-A services" means benefits and services that	132660
are allowable under Title IV-A of the "Social Security Act," as	132661
specified in 42 U.S.C. 604(a), except that they shall not be	132662
benefits and services included in the term "assistance" as defined	132663
in 45 C.F.R. 260.31(a) and shall be benefits and services that are	132664
excluded from the definition of the term "assistance" under 45	132665
C.F.R. 260.31(b).	132666

(2) "Eligible child" means a child who is at least three	132667
years of age but not of compulsory school age or enrolled in	132668
kindergarten, is eligible for Title IV-A services, and whose	132669
family income at the time of application does not exceed two	132670
hundred per cent of the federal poverty guidelines.	132671

(3) "Early learning program" means a program for eligible	132672
children that provides Title IV-A services, according to the	132673
purposes listed in 45 C.F.R. 260.20(c), that are early learning	132674
services, as defined by pursuant to division (D)(1) of this	132675
section.	132676

(4) "Early learning provider" means an entity that operates	132677
an early learning program.	132678

(5) "Early learning agency" means an early learning provider	132679
or an entity that has entered into an agreement with an early	132680
learning provider requiring the early learning provider to operate	132681
an early learning program on behalf of the entity.	132682

(6) "Federal poverty line" has the same meaning as in section	132683
5104.01 of the Revised Code.	132684

(7) "Of compulsory school age" has the same meaning as in	132685
section 3321.01 of the Revised Code.	132686

(B) The Early Learning Initiative is hereby established. The	132687
Department of Education and the Department of Job and Family	132688
Services shall administer the Initiative in accordance with	132689
sections 5101.80 and 5101.801 of the Revised Code. The Initiative	132690
shall provide early learning services to eligible children. Early	132691
learning services may be provided on a full-day basis, a part-day	132692
basis, or both a full-day and part-day basis.	132693

(C) The Department of Job and Family Services shall do both	132694
of the following:	132695

(1) Reimburse early learning agencies for services provided	132696
to eligible children according to the terms of the contract and	132697
the rules adopted under division (C)(2) of this section;	132698

(2) In consultation with the Department of Education, adopt	132699
rules in accordance with Chapter 119. of the Revised Code to	132700
implement the Early Learning Initiative. The rules shall include	132701
all of the following:	132702

(a) Provisions regarding the establishment of co-payments for	132703
families of eligible children whose family income is more than one	132704
hundred per cent of the federal poverty guidelines but equal to	132705
or less than the maximum amount of family income authorized for	132706
an eligible child as defined in division (A)(2) of this section;	132707

(b) An exemption from co-payment requirements for families	132708
whose family income is equal to or less than one hundred per cent	132709
of the federal poverty guideline;	132710

(c) A definition of "enrollment" for the purpose of	132711
compensating early learning agencies;	132712

(d) Provisions that establish compensation rates for early	132713
learning agencies based on the enrollment of eligible children;	132714

(e) Provisions for the completion of criminal record checks	132715
for employees of early learning agencies and early learning	132716
providers whereby sections 109.572(A)(8), (A)(9), and (B)(2) of	132717
the Revised Code are considered applicable to these employees;	132718

(f) Provisions for the timeline of eligibility determination;

132719

(g) A requirement that early learning programs licensed by	132720
the Department of Education under sections 3301.52 to 3301.59 of	132721
the Revised Code participate in the quality-rating program	132722
established under section 5104.30 of the Revised Code.	132723

(D) The Department of Education shall do all of the	132724
following:	132725

(1) Define the early learning services that will be provided	132726
to eligible children through the Early Learning Initiative;	132727

(2) In consultation with the Department of Job and Family	132728
Services, develop an application form and criteria for the	132729
selection of early learning agencies. The criteria shall require	132730
an early learning agency, or each early learning provider with	132731
which the agency has entered into an agreement for the operation	132732
of an early learning program on the agency's behalf, to be	132733
licensed by the Department of Education under sections 3301.52 to	132734
3301.59 of the Revised Code or by the Department of Job and	132735
Family Services under Chapter 5104. of the Revised Code;	132736

(3) Establish early learning program guidelines for school	132737
readiness to assess the operation of early learning programs.	132738

(E) Any entity that seeks to be an early learning agency	132739
shall apply to the Department of Education by a deadline	132740
established by the Department. The Department of Education shall	132741
select entities that meet the criteria established under division	132742
(D)(2) of this section to be early learning agencies. Upon	132743
selection of an entity to be an early learning agency, the	132744
Department of Education shall designate the number of eligible	132745
children the agency may enroll. The Department of Education shall	132746
notify the Department of Job and Family Services of the number so	132747
designated.	132748

(F) The Department of Education and the Department of Job and	132749
Family Services shall enter into a contract with each early	132750
learning agency selected under division (E) of this section. The	132751
requirements of section 127.16 of the Revised Code do not apply to	132752
contracts entered into under this section. The contract shall	132753
outline the terms and conditions applicable to the provision of	132754
Title IV-A services for eligible children and shall include at	132755
least the following:	132756

(1) The respective duties of the early learning agency, the	132757
Department of Education, and the Department of Job and Family	132758
Services;	132759

(2) Requirements applicable to the allowable use of and	132760
accountability for compensation paid under the contract;	132761

(3) Reporting requirements, including a requirement that the	132762
early learning provider inform the Department of Education when	132763
the provider learns that a kindergarten eligible child will not be	132764
enrolled in kindergarten;	132765

(4) The compensation schedule payable under the contract;

132766

(5) Audit requirements;

132767

(6) Provisions for suspending, modifying, or terminating the	132768
contract.	132769

(G) If an early learning agency, or an early learning	132770
provider operating an early learning program on the agency's	132771
behalf, substantially fails to meet the early learning program	132772
guidelines for school readiness or exhibits substandard	132773
performance, as determined by the Department of Education, the	132774
agency shall develop and implement a corrective action plan. The	132775
Department of Education shall approve the corrective action plan	132776
prior to implementation.	132777

(H) If an early learning agency fails to implement a	132778
corrective action plan under division (G) of this section, the	132779
Department of Education may direct the Department of Job and	132780
Family Services to either withhold funding or request that the	132781
Department of Job and Family Services suspend or terminate the	132782
contract with the agency.	132783

(I) Each early learning program shall do all of the	132784
following:	132785

(1) Meet teacher qualification requirements prescribed by	132786
section 3301.311 of the Revised Code;	132787

(2) Align curriculum to the early learning content standards;

132788

(3) Meet any assessment requirements prescribed by section	132789
3301.0715 of the Revised Code that apply to the program;	132790

(4) Require teachers, except teachers enrolled and working to	132791
obtain a degree pursuant to section 3301.311 of the Revised Code,	132792
to attend a minimum of twenty hours per biennium of professional	132793
development as prescribed by the Department of Education regarding	132794
the implementation of early learning program guidelines for school	132795
readiness;	132796

(5) Document and report child progress;

132797

(6) Meet and report compliance with the early learning	132798
program guidelines for school success;	132799

(7) Participate in early language and literacy classroom	132800
observation evaluation studies.	132801

(J) Each county Department of Job and Family Services shall	132802
determine eligibility for Title IV-A services for children seeking	132803
to enroll in an early learning program within fifteen days after	132804
receipt of a completed application in accordance with rules	132805
adopted under this section.	132806

(K) The provision of early learning services in an early	132807
learning program shall not prohibit or otherwise prevent an	132808
individual from obtaining certificates for payment under division	132809
(C) of section 5104.32 of the Revised Code.	132810

(L) Notwithstanding section 126.07 of the Revised Code:

132811

(1) Any fiscal year 2010 contract executed prior to July 1,	132812
2009, between the Departments of Job and Family Services and	132813
Education and an early learning agency that was not an early	132814
learning agency as of June 30, 2009, shall be deemed to be	132815
effective as of July 1, 2009, upon issuance of a state purchase	132816
order, even if the purchase order is approved at some later date.	132817

(2) Any fiscal year 2010 contract executed between the	132818
Departments of Job and Family Services and Education and an early	132819
learning agency that had a valid contract for early learning	132820
services on June 30, 2009, shall be deemed to be effective as of	132821
July 1, 2009, upon the issuance of a state purchase order, even if	132822
the purchase order is approved at some later date.	132823

(3) Any fiscal year 2011 contract executed prior to July 1,	132824
2010, between the Departments of Job and Family Services and	132825
Education and an early learning agency that was not an early	132826
learning agency as of June 30, 2010, shall be deemed to be	132827
effective as of July 1, 2010, upon issuance of a state purchase	132828
order, even if the purchase order is approved at some later date.	132829

(4) Any fiscal year 2011 contract executed between the	132830
Departments of Job and Family Services and Education and an early	132831
learning agency that had a valid contract for early learning	132832
services on June 30, 2010, shall be deemed to be effective as of	132833
July 1, 2010, upon the issuance of a state purchase order, even if	132834
the purchase order is approved at some later date.	132835

(M) The Departments of Job and Family Services and Education	132836
shall contract for up to 12,000 enrollment slots for eligible	132837
children in each fiscal year through the Early Learning	132838
Initiative.	132839

(N) Eligible expenditures for the Early Learning Initiative	132840
shall be claimed each fiscal year to help meet the state's TANF	132841
maintenance of effort requirement. The Superintendent of Public	132842
Instruction and the Director of Job and Family Services shall	132843
enter into an interagency agreement to carry out the requirements	132844
under this division, which shall include developing reporting	132845
guidelines for these expenditures.	132846

Section 309.40.70. COMMITTEE TO STUDY PUBLICLY FUNDED CHILD	132847
CARE SERVICES	132848

(A) A committee is hereby created to study publicly funded	132849
child care services, including the Early Learning Initiative	132850
enacted pursuant to this act and pursuant to changes in the	132851
administrative rules governing reimbursement and eligibility for	132852
publicly funded child day-care. The study shall include the	132853
following subjects:	132854

(1) The effects of changing the definitions of full-time and	132855
part-time care on the following:	132856

(a) Children, families, and providers of care, including the	132857
effects on the quality of care;	132858

(b) Number of children served and the availability and	132859
accessibility of subsidized care to caregivers with full-time and	132860
part-time jobs;	132861

(c) Availability of full-time and part-time care in areas	132862
with a high incidence of poverty;	132863

(d) Private pay rates;

132864

(e) Closure of centers and center programs;

132865

(f) Loss of jobs in the child care industry.

132866

(2) The effects of changes to the Early Learning Initiative	132867
on families and children including the following:	132868

(a) Distribution and use of program slots across the state;

132869

(b) Effect of mandatory participation in the voluntary child	132870
day-care center quality-rating program as described in section	132871
5104.30 of the Revised Code on program quality;	132872

(c) Outcomes in terms of school readiness and other related	132873
factors for children who participate in the program.	132874

(B) The committee shall consist of the following members:

132875

(1) Three members of the House of Representatives, two	132876
appointed by the Speaker of the House of Representatives and one	132877
appointed by the Minority Leader of the House of Representatives;	132878

(2) Three members of the Senate, two appointed by the	132879
President of the Senate and one appointed by the Minority Leader	132880
of the Senate;	132881

(3) One parent of a child receiving publicly funded child	132882
care services, appointed by the President of the Senate;	132883

(4) Two representatives of licensed child care centers	132884
serving low-income areas, one appointed by the Speaker of the	132885
House of Representatives and one appointed by the President of the	132886
Senate;	132887

(5) One representative from the Ohio Association of Child	132888
Care Providers, appointed by the President of the Senate;	132889

(6) One representative from the Ohio State Alliance of Young	132890
Men's Christian Associations, appointed by the Speaker of the	132891
House of Representatives;	132892

(7) One representative from the Department of Job and Family	132893
Services, appointed by the Speaker of the House of	132894
Representatives;	132895

(8) One representative from the Department of Education,	132896
appointed by the President of the Senate.	132897

(C) The Department of Education shall provide the committee	132898
meeting space and clerical assistance. The committee shall prepare	132899
a report of its findings by June 30, 2010, and shall provide a	132900
copy of the report to the Governor, the Speaker of the House of	132901
Representatives, and the President of the Senate, at which time	132902
the committee shall cease to exist.	132903

Section 309.45. CHILD WELFARE

132904

Section 309.45.10. ALTERNATIVE RESPONSE

132905

The Department of Job and Family Services shall develop,	132906
implement, oversee, and evaluate a pilot program based on an	132907
"Alternative Response" approach to reports of child abuse,	132908
neglect, and dependency. The pilot program shall be implemented in	132909
not more than ten counties that are selected by the Department and	132910
that agree to participate in the pilot program. The pilot program	132911
shall last eighteen months, not including time expended in	132912
preparation for the implementation of the pilot program and any	132913
post-pilot program evaluation activity. After the eighteen-month	132914
period, the ten sites may continue to administer the Alternative	132915
Response approach uninterrupted, unless the Department determines	132916
otherwise.	132917

The Department shall assure that the Alternative Response	132918
pilot program is independently evaluated with respect to outcomes	132919
for children and families, costs, worker satisfaction, and any	132920
other criteria the Department determines will be useful in the	132921
consideration of statewide implementation of an Alternative	132922
Response approach to child protection. The measure associated with	132923
the eighteen-month pilot program shall, for the purposes of the	132924
evaluation, be compared with those same measures in the pilot	132925
counties during the eighteen-month period immediately preceding	132926
the beginning of the pilot program period. If the independent	132927
evaluation of the pilot program recommends statewide	132928
implementation of an Alternative Response approach to child	132929
protection, the Department may expand the Alternative Response	132930
approach statewide through a schedule determined by the	132931
Department. Prior to statewide implementation, the Department	132932
shall adopt rules in accordance with Chapter 119. of the Revised	132933
Code as necessary to carry out the purposes of this section. Until	132934
that time, the Department may adopt rules in accordance with	132935
section 111.15 of the Revised Code, as if they were internal	132936
management rules, as necessary to carry out the purposes of this	132937
section.	132938

Section 309.45.15. INDEPENDENT LIVING SERVICES

132939

Of the foregoing appropriation item 600523, Children and	132940
Families Services, up to $1,500,000 in each fiscal year shall be	132941
used to provide independent living services to foster youth and	132942
former foster youth between 16 and 21 years of age.	132943

Section 309.45.21. CHILD, FAMILY, AND ADULT COMMUNITY AND	132944
PROTECTIVE SERVICES	132945

(A) The foregoing appropriation item 600533, Child, Family,	132946
and Adult Community & Protective Services, shall be distributed to	132947
each county department of job and family services using the	132948
formula the Department of Job and Family Services uses when	132949
distributing Title XX funds to county departments of job and	132950
family services under section 5101.46 of the Revised Code. County	132951
departments shall use the funds distributed to them under this	132952
section as follows, in accordance with the written plan of	132953
cooperation entered into under section 307.983 of the Revised	132954
Code:	132955

(1) To assist individuals achieve or maintain	132956
self-sufficiency, including by reducing or preventing dependency	132957
among individuals with family income not exceeding two hundred per	132958
cent of the federal poverty guidelines;	132959

(2) Subject to division (B) of this section, to respond to	132960
reports of abuse, neglect, or exploitation of children and adults,	132961
including through the alternative approach pilot program developed	132962
under Section 309.40.40 of this act;	132963

(3) To provide outreach and referral services regarding home	132964
and community-based services to individuals at risk of placement	132965
in a group home or institution, regardless of the individuals'	132966
family income and without need for a written application;	132967

(4) To provide outreach, referral, application assistance,	132968
and other services to assist individuals receive assistance,	132969
benefits, or services under Medicaid; Title IV-A programs, as	132970
defined in section 5101.80 of the Revised Code; the Supplemental	132971
Nutrition Assistance Program; and other public assistance	132972
programs.	132973

(B) Protective services may be provided to a child or adult	132974
as part of a response, under division (A)(2) of this section, to a	132975
report of abuse, neglect, or exploitation without regard to a	132976
child or adult's family income and without need for a written	132977
application. The protective services may be provided if the case	132978
record documents circumstances of actual or potential abuse,	132979
neglect, or exploitation.	132980

Section 309.45.25. ADOPTION ASSISTANCE LOAN

132981

Of the foregoing appropriation item 600634, Adoption	132982
Assistance Loan, the Department of Job and Family Services may use	132983
up to ten per cent for administration of adoption assistance loans	132984
pursuant to section 3107.018 of the Revised Code.	132985

Section 309.45.90. REALLOCATION OF UNUSED COUNTY ALLOCATIONS

132986

(A) As used in this section:

132987

(1) "Income maintenance funds" means funds the Department of	132988
Job and Family Services allocates to a county to meet matching	132989
fund requirements or reimburse a county for administrative	132990
expenditures incurred in the administration of the Disability	132991
Financial Assistance Program, Medicaid Program, or Supplemental	132992
Nutrition Assistance Program.	132993

(2) "TANF funds" means funds the Department of Job and Family	132994
Services allocates to a county for Title IV-A programs, as defined	132995
in section 5101.80 of the Revised Code.	132996

(3) "TANF Title XX transfer funds" means funds the Department	132997
of Job and Family Services allocates to a county for purposes of	132998
section 5101.461 of the Revised Code.	132999

(4) "Title XX social services funds" means funds the	133000
Department of Job and Family Services allocates to a county	133001
department of job and family services for purposes of section	133002
5101.46 of the Revised Code.	133003

(B) If a county informs the Department of Job and Family	133004
Services that the county will not use the entire amount of the	133005
income maintenance funds, TANF funds, TANF Title XX transfer	133006
funds, or Title XX social services funds allocated to the county	133007
for fiscal year 2010 or fiscal year 2011 or the Department	133008
determines through an annual close out or reconciliation of funds	133009
that a county did not use the entire amount of any of those funds	133010
allocated to the county for fiscal year 2010 or 2011, the	133011
Department shall reallocate the portion of the funds the county	133012
will or did not use to other counties for the remainder of the	133013
fiscal year in which the funds are reallocated or the next fiscal	133014
year. In reallocating the funds, the Department shall do both of	133015
the following:	133016

(1) For each of the funds separately, rank each county by the	133017
percentage reduction in allocations of the funds from the fiscal	133018
year preceding the fiscal year in which the reallocation is made	133019
to the fiscal year in which the reallocation is made, with the	133020
county that has the greatest reduction percentage placed at the	133021
top of the ranking;	133022

(2) Reallocate each of the funds separately to counties in	133023
the order in which counties are ranked under division (B)(1) of	133024
this section in a manner that provides, to the extent funds are	133025
available for reallocation, for each county to be, as a result of	133026
the reallocation, allocated the same amount of the funds that the	133027
county was allocated the previous fiscal year, other than the	133028
counties that will or did not use the full amount of their	133029
allocation of the funds.	133030

Section 309.50. UNEMPLOYMENT COMPENSATION

133031

Section 309.50.10. EMPLOYER SURCHARGE

133032

The surcharge and the interest on the surcharge amounts due	133033
for calendar years 1988, 1989, and 1990 as required by Am. Sub.	133034
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the	133035
118th General Assembly, and section 4141.251 of the Revised Code	133036
as it existed prior to its repeal by Sub. H.B. 478 of the 122nd	133037
General Assembly, again shall be assessed and collected by,	133038
accounted for, and made available to the Department of Job and	133039
Family Services in the same manner as set forth in section	133040
4141.251 of the Revised Code as it existed prior to its repeal by	133041
Sub. H.B. 478 of the 122nd General Assembly, notwithstanding the	133042
repeal of the surcharge for calendar years after 1990, pursuant to	133043
Sub. H.B. 478 of the 122nd General Assembly, except that amounts	133044
received by the Director on or after July 1, 2001, shall be	133045
deposited into the Unemployment Compensation Special	133046
Administrative Fund (Fund 4A90) established pursuant to section	133047
4141.11 of the Revised Code.	133048

Section 309.50.20. FEDERAL UNEMPLOYMENT PROGRAMS

133049

All unexpended funds remaining at the end of fiscal year 2009	133050
that were appropriated and made available to the state under	133051
section 903(d) of the Social Security Act, as amended, in the	133052
foregoing appropriation item 600678, Federal Unemployment	133053
Programs (Fund 3V40), are hereby appropriated to the Department	133054
of Job and Family Services. Upon the request of the Director of	133055
Job and Family Services, the Director of Budget and Management	133056
may increase the appropriation for fiscal year 2010 by the	133057
amount remaining unspent from the fiscal year 2009 appropriation	133058
and may increase the appropriation for fiscal year 2011 by the	133059
amount remaining unspent from the fiscal year 2010	133060
appropriation. The appropriation shall be used under the	133061
direction of the Department of Job and Family Services to pay for	133062
administrative activities for the Unemployment Insurance Program,	133063
employment services, and other allowable expenditures under	133064
section 903(d) of the Social Security Act, as amended.	133065

The amounts obligated pursuant to this section shall not	133066
exceed at any time the amount by which the aggregate of the	133067
amounts transferred to the account of the state under section	133068
903(d) of the Social Security Act, as amended, exceeds the	133069
aggregate of the amounts obligated for administration and paid out	133070
for benefits and required by law to be charged against the amounts	133071
transferred to the account of the state.	133072

Section 309.50.30. REMOVAL OF UNEMPLOYMENT COMPENSATION	133073
ADVISORY COUNCIL MEMBERS	133074

The intent of the General Assembly in the amendments made in	133075
this act to section 145.012 is to provide that service as a	133076
member of the Unemployment Compensation Advisory Council on or	133077
after the effective date of this section shall not be service as	133078
a public employee for purposes of Chapter 145. of the Revised	133079
Code. The amendments are not intended to prohibit the use of such	133080
service for calculation of benefits under Chapter 145. of the	133081
Revised Code for service prior to the effective date of this	133082
section.	133083

Section 310.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

133084

General Revenue Fund	133085

GRF	029321	Operating Expenses	$	435,168	$	435,168	133086
TOTAL GRF General Revenue Fund			$	435,168	$	435,168	133087
TOTAL ALL BUDGET FUND GROUPS			$	435,168	$	435,168	133088

OPERATING

133089

The Chief Administrative Officer of the House of	133090
Representatives and the Clerk of the Senate shall determine, by	133091
mutual agreement, which of them shall act as fiscal agent for the	133092
Joint Committee on Agency Rule Review. Members of the Committee	133093
shall be paid in accordance with section 101.35 of the Revised	133094
Code.	133095

OPERATING EXPENSES

133096

On July 1, 2009, or as soon as possible thereafter, the	133097
Executive Director of the Joint Committee on Agency Rule Review	133098
may certify to the Director of Budget and Management the amount of	133099
the unexpended, unencumbered balance of the foregoing	133100
appropriation item 029321, Operating Expenses, at the end of	133101
fiscal year 2009 to be reappropriated to fiscal year 2010. The	133102
amount certified is hereby reappropriated to the same	133103
appropriation item for fiscal year 2010.	133104

On July 1, 2010, or as soon as possible thereafter, the	133105
Executive Director of the Joint Committee on Agency Rule Review	133106
may certify to the Director of Budget and Management the amount of	133107
the unexpended, unencumbered balance of the foregoing	133108
appropriation item 029321, Operating Expenses, at the end of	133109
fiscal year 2010 to be reappropriated to fiscal year 2011. The	133110
amount certified is hereby reappropriated to the same	133111
appropriation item for fiscal year 2011.	133112

Section 311.10. JCO JUDICIAL CONFERENCE OF OHIO

133113

General Revenue Fund	133114

GRF	018321		Operating Expenses		$	800,000		$	800,000		133115
TOTAL GRF General Revenue Fund					$	800,000		$	800,000		133116

General Services Fund Group	133117

4030	018601	Ohio Jury Instructions	$	350,000	$	350,000	133118
TOTAL GSF General Services Fund Group			$	350,000	$	350,000	133119
TOTAL ALL BUDGET FUND GROUPS			$	1,150,000	$	1,150,000	133120

OHIO JURY INSTRUCTIONS FUND

133121

The Ohio Jury Instructions Fund (Fund 4030) shall consist of	133122
grants, royalties, dues, conference fees, bequests, devises, and	133123
other gifts received for the purpose of supporting costs incurred	133124
by the Judicial Conference of Ohio in dispensing educational and	133125
informational data to the state's judicial system. Fund 4030 shall	133126
be used by the Judicial Conference of Ohio to pay expenses	133127
incurred in dispensing educational and informational data to the	133128
state's judicial system. All moneys accruing to Fund 4030 in	133129
excess of $350,000 in fiscal year 2010 and in excess of $350,000	133130
in fiscal year 2011 are hereby appropriated for the purposes	133131
authorized.	133132

No money in Fund 4030 shall be transferred to any other fund	133133
by the Director of Budget and Management or the Controlling Board.	133134

Section 313.10. JSC THE JUDICIARY/SUPREME COURT

133135

General Revenue Fund	133136

GRF	005321	Operating Expenses - Judiciary/Supreme Court	$	131,055,370	$	131,055,370	133137
GRF	005401	State Criminal Sentencing Council	$	206,770	$	206,770	133138
GRF	005406	Law Related Education	$	236,172	$	236,172	133139
GRF	005409	Ohio Courts Technology Initiative	$	4,000,000	$	4,250,000	133140
TOTAL GRF General Revenue Fund			$	135,498,312	$	135,748,312	133141

General Services Fund Group	133142

6720	005601		Continuing Judicial Education		$	300,000		$	300,000		133143
TOTAL GSF General Services Fund Group					$	300,000		$	300,000		133144

Federal Special Revenue Fund Group	133145

3J00	005603		Federal Grants		$	2,137,866		$	1,917,081		133146
TOTAL FED Federal Special Revenue Fund Group					$	2,137,866		$	1,917,081		133147

State Special Revenue Fund Group	133148

4C80	005605	Attorney Services	$	3,704,659	$	3,704,659	133149
5T80	005609	Grants and Awards	$	50,000	$	50,000	133150
6A80	005606	Supreme Court Admissions	$	1,284,142	$	1,284,142	133151
TOTAL SSR State Special Revenue Fund Group			$	5,038,801	$	5,038,801	133152
TOTAL ALL BUDGET FUND GROUPS			$	142,974,979	$	143,004,194	133153

LAW-RELATED EDUCATION

133154

The foregoing appropriation item 005406, Law-Related	133155
Education, shall be distributed directly to the Ohio Center for	133156
Law-Related Education for the purposes of providing continuing	133157
citizenship education activities to primary and secondary	133158
students, expanding delinquency prevention programs, increasing	133159
activities for at-risk youth, and accessing additional public and	133160
private money for new programs.	133161

OHIO COURTS TECHNOLOGY INITIATIVE

133162

The foregoing appropriation item 005409, Ohio Courts	133163
Technology Initiative, shall be used to fund an initiative by the	133164
Supreme Court to facilitate the exchange of information and	133165
warehousing of data by and between Ohio courts and other justice	133166
system partners through the creation of an Ohio Courts Network,	133167
the delivery of technology services to courts throughout the	133168
state, including the provision of hardware, software, and the	133169
development and implementation of educational and training	133170
programs for judges and court personnel, and operation of the	133171
Commission on Technology and the Courts by the Supreme Court for	133172
the promulgation of statewide rules, policies, and uniform	133173
standards, and to aid in the orderly adoption and comprehensive	133174
use of technology in Ohio courts.	133175

CONTINUING JUDICIAL EDUCATION

133176

The Continuing Judicial Education Fund (Fund 6720) shall	133177
consist of fees paid by judges and court personnel for attending	133178
continuing education courses and other gifts and grants received	133179
for the purpose of continuing judicial education. The foregoing	133180
appropriation item 005601, Continuing Judicial Education, shall be	133181
used to pay expenses for continuing education courses for judges	133182
and court personnel. If it is determined by the Administrative	133183
Director of the Supreme Court that additional appropriations are	133184
necessary, the amounts are hereby appropriated.	133185

No money in Fund 6720 shall be transferred to any other fund	133186
by the Director of Budget and Management or the Controlling Board.	133187
Interest earned on moneys in Fund 6720 shall be credited to the	133188
fund.	133189

FEDERAL GRANTS

133190

The Federal Grants Fund (Fund 3J00) shall consist of grants	133191
and other moneys awarded to the Supreme Court (The Judiciary) by	133192
the United States Government or other entities that receive the	133193
moneys directly from the United States Government and distribute	133194
those moneys to the Supreme Court (The Judiciary). The foregoing	133195
appropriation item 005603, Federal Grants, shall be used in a	133196
manner consistent with the purpose of the grant or award. If it is	133197
determined by the Administrative Director of the Supreme Court	133198
that additional appropriations are necessary, the amounts are	133199
hereby appropriated.	133200

No money in Fund 3J00 shall be transferred to any other fund	133201
by the Director of Budget and Management or the Controlling	133202
Board. However, interest earned on moneys in Fund 3J00 shall be	133203
credited or transferred to the General Revenue Fund.	133204

ATTORNEY SERVICES

133205

The Attorney Services Fund (Fund 4C80), formerly known as the	133206
Attorney Registration Fund, shall consist of moneys received by	133207
the Supreme Court (The Judiciary) pursuant to the Rules for the	133208
Government of the Bar of Ohio. In addition to funding other	133209
activities considered appropriate by the Supreme Court, the	133210
foregoing appropriation item 005605, Attorney Services, may be	133211
used to compensate employees and to fund appropriate activities of	133212
the following offices established by the Supreme Court: the Office	133213
of Disciplinary Counsel, the Board of Commissioners on Grievances	133214
and Discipline, the Clients' Security Fund, and the Attorney	133215
Services Division. If it is determined by the Administrative	133216
Director of the Supreme Court that additional appropriations are	133217
necessary, the amounts are hereby appropriated.	133218

No moneys in Fund 4C80 shall be transferred to any other	133219
fund by the Director of Budget and Management or the Controlling	133220
Board. Interest earned on moneys in Fund 4C80 shall be credited to	133221
the fund.	133222

GRANTS AND AWARDS

133223

The Grants and Awards Fund (Fund 5T80) shall consist of	133224
grants and other moneys awarded to the Supreme Court (The	133225
Judiciary) by the State Justice Institute, the Division of	133226
Criminal Justice Services, or other entities. The foregoing	133227
appropriation item 005609, Grants and Awards, shall be used in a	133228
manner consistent with the purpose of the grant or award. If it	133229
is determined by the Administrative Director of the Supreme Court	133230
that additional appropriations are necessary, the amounts are	133231
hereby appropriated.	133232

No moneys in Fund 5T80 shall be transferred to any other	133233
fund by the Director of Budget and Management or the Controlling	133234
Board. However, interest earned on moneys in Fund 5T80 shall be	133235
credited or transferred to the General Revenue Fund.	133236

SUPREME COURT ADMISSIONS

133237

The foregoing appropriation item 005606, Supreme Court	133238
Admissions, shall be used to compensate Supreme Court employees	133239
who are primarily responsible for administering the attorney	133240
admissions program under the Rules for the Government of the Bar	133241
of Ohio, and to fund any other activities considered appropriate	133242
by the court. Moneys shall be deposited into the Supreme Court	133243
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the	133244
Government of the Bar of Ohio. If it is determined by the	133245
Administrative Director of the Supreme Court that additional	133246
appropriations are necessary, the amounts are hereby appropriated.	133247

No moneys in Fund 6A80 shall be transferred to any other fund	133248
by the Director of Budget and Management or the Controlling Board.	133249
Interest earned on moneys in Fund 6A80 shall be credited to the	133250
fund.	133251

Section 313.20. SUPREME COURT FILING FEE

133252

The General Assembly hereby respectfully requests the	133253
Supreme Court to modify Rule XV of the Rules of Practice of the	133254
Supreme Court of Ohio pursuant to its authority under the Ohio	133255
Constitution to make that Rule consistent with the amendments	133256
made by this act to section 2503.17 of the Revised Code.	133257

Section 315.10. LEC LAKE ERIE COMMISSION

133258

State Special Revenue Fund Group	133259

4C00	780601	Lake Erie Protection Fund	$	450,000	$	450,000	133260
5D80	780602	Lake Erie Resources Fund	$	380,000	$	383,000	133261
TOTAL SSR State Special Revenue							133262
Fund Group			$	830,000	$	833,000	133263
TOTAL ALL BUDGET FUND GROUPS			$	830,000	$	833,000	133264

Section 317.10. LRS LEGAL RIGHTS SERVICE

133266

General Revenue Fund	133267

GRF	054321	Support Services	$	99,830	$	99,830	133268
GRF	054401	Ombudsman	$	146,789	$	146,789	133269
TOTAL GRF General Revenue Fund			$	246,619	$	246,619	133270

General Services Fund Group	133271

5M00	054610	Settlements	$	81,352	$	81,352	133272
TOTAL GSF General Services							133273
Fund Group			$	81,352	$	81,352	133274

Federal Special Revenue Fund Group	133275

3050	054602	Protection and Advocacy - Developmentally Disabled	$	1,500,000	$	1,500,000	133276
3AG0	054613	Protection and Advocacy - Voter Accessibility	$	135,000	$	135,000	133277
3B80	054603	Protection and Advocacy - Mentally Ill	$	1,100,000	$	1,100,000	133278
3CA0	054615	Work Incentives Planning and Assistance	$	355,000	$	355,000	133279
3N30	054606	Protection and Advocacy - Individual Rights	$	570,000	$	570,000	133280
3N90	054607	Assistive Technology	$	160,000	$	160,000	133281
3R90	054604	Family Support Collaborative	$	12,500	$	0	133282
3R90	054616	Developmental Disability Publications	$	130,000	$	130,000	133283
3T20	054609	Client Assistance Program	$	435,000	$	435,000	133284
3X10	054611	Protection and Advocacy - Beneficiaries of Social Security	$	235,000	$	235,000	133285
3Z60	054612	Protection and Advocacy - Traumatic Brain Injury	$	70,000	$	70,000	133286
TOTAL FED Federal Special Revenue							133287
Fund Group			$	4,702,500	$	4,690,000	133288

State Special Revenue Fund Group	133289

5AE0	054614	Grants and Contracts	$	24,600	$	24,600	133290
TOTAL SSR State Special Revenue Fund Group			$	24,600	$	24,600	133291
TOTAL ALL BUDGET FUND GROUPS			$	5,055,071	$	5,042,571	133292

Section 317.20. LEGAL RIGHTS SERVICE NONPROFIT TRANSITION	133294
STUDY	133295

(A) The Legal Rights Service Commission shall conduct a study	133296
concerning a potential transition from a public entity to a	133297
nonprofit organization effective July 1, 2011. The study shall	133298
include an analysis of all of the following:	133299

(1) The feasibility of a transition to a nonprofit	133300
organization;	133301

(2) The potential effects on service delivery, including	133302
client service and access to required resources, and any other	133303
service delivery advantages or disadvantages that might result	133304
from the transition to a nonprofit organization;	133305

(3) Potential organizational effects, including cost savings	133306
and non-state funding sources, and any other organizational	133307
advantages or disadvantages that might result from the transition	133308
to a nonprofit organization;	133309

(4) The approximate amount of time necessary to achieve a	133310
transition to nonprofit status.	133311

(B) The Legal Rights Service Commission shall develop a	133312
process plan by which a transition to a nonprofit organization	133313
could be implemented not later than July 1, 2011.	133314

(C) Not later than six months after the effective date of	133315
this section, a written report of the results of the study and a	133316
copy of the process plan shall be submitted to the Governor, the	133317
Speaker and the Minority Leader of the House of Representatives,	133318
and the President and the Minority Leader of the Senate.	133319

Section 319.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

133320

General Revenue Fund	133321

GRF	028321		Legislative Ethics Committee		$	550,000		$	550,000		133322
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		133323

General Services Fund Group	133324

4G70	028601	Joint Legislative Ethics Committee	$	100,000	$	100,000	133325
TOTAL GSF General Services Fund Group			$	100,000	$	100,000	133326
TOTAL ALL BUDGET FUND GROUPS			$	650,000	$	650,000	133327

Section 321.10. LSC LEGISLATIVE SERVICE COMMISSION

133328

General Revenue Fund	133329

GRF	035321	Operating Expenses	$	15,117,700	$	15,117,700	133330
GRF	035402	Legislative Interns	$	1,022,120	$	1,022,120	133331
GRF	035405	Correctional Institution Inspection Committee	$	438,900	$	438,900	133332
GRF	035407	Legislative Task Force on Redistricting	$	750,000	$	750,000	133333
GRF	035409	National Associations	$	460,560	$	460,560	133334
GRF	035410	Legislative Information Systems	$	3,661,250	$	3,661,250	133335
TOTAL GRF General Revenue Fund			$	21,450,530	$	21,450,530	133336

General Services Fund Group	133337

4100	035601	Sale of Publications	$	10,000	$	10,000	133338
4F60	035603	Legislative Budget Services	$	200,000	$	200,000	133339
5EF0	035607	Legislative Agency Telephone Usage	$	30,000	$	30,000	133340
TOTAL GSF General Services							133341
Fund Group			$	240,000	$	240,000	133342
TOTAL ALL BUDGET FUND GROUPS			$	21,690,530	$	21,690,530	133343

The Legislative Agency Telephone Usage Fund (Fund 5EF0),	133344
created by section 103.24 of the Revised Code, is the same fund,	133345
with a new name, as the House and Senate Telephone Usage Fund	133346
created by the Controlling Board in 2007.	133347

Section 323.10. LIB STATE LIBRARY BOARD

133348

General Revenue Fund	133349

GRF	350321	Operating Expenses	$	5,477,369	$	5,477,369	133350
GRF	350401	Ohioana Rental Payments	$	128,560	$	128,560	133351
GRF	350502	Regional Library Systems	$	582,469	$	582,469	133352
TOTAL GRF General Revenue Fund			$	6,188,398	$	6,188,398	133353

General Services Fund Group	133354

1390	350602	Intra-Agency Service Charges	$	9,000	$	9,000	133355
4590	350603	Library Service Charges	$	2,708,092	$	2,708,092	133356
4S40	350604	Ohio Public Library Information Network	$	5,702,150	$	5,702,150	133357
5GB0	350605	Library for the Blind	$	1,274,194	$	1,274,194	133358
5GG0	350606	Gates Foundation Grants	$	500,000	$	0	133359
TOTAL GSF General Services							133360
Fund Group			$	10,193,436	$	9,693,436	133361

Federal Special Revenue Fund Group	133362

3130	350601	LSTA Federal	$	5,543,747	$	5,543,747	133363
TOTAL FED Federal Special Revenue							133364
Fund Group			$	5,543,747	$	5,543,747	133365
TOTAL ALL BUDGET FUND GROUPS			$	21,925,581	$	21,425,581	133366

OHIOANA RENTAL PAYMENTS

133367

The foregoing appropriation item 350401, Ohioana Rental	133368
Payments, shall be used to pay the rental expenses of the Martha	133369
Kinney Cooper Ohioana Library Association under section 3375.61	133370
of the Revised Code.	133371

REGIONAL LIBRARY SYSTEMS

133372

The foregoing appropriation item 350502, Regional Library	133373
Systems, shall be used to support regional library systems	133374
eligible for funding under sections 3375.83 and 3375.90 of the	133375
Revised Code.	133376

OHIO PUBLIC LIBRARY INFORMATION NETWORK

133377

(A) The foregoing appropriation item 350604, Ohio Public	133378
Library Information Network, shall be used for an information	133379
telecommunications network linking public libraries in the state	133380
and such others as may participate in the Ohio Public Library	133381
Information Network (OPLIN).	133382

The Ohio Public Library Information Network Board of Trustees	133383
created under section 3375.65 of the Revised Code may make	133384
decisions regarding use of the foregoing appropriation item	133385
350604, Ohio Public Library Information Network.	133386

(B) Of the foregoing appropriation item 350604, Ohio Public	133387
Library Information Network, up to $81,000 in each fiscal year	133388
shall be used to help local libraries use filters to screen out	133389
obscene and illegal internet materials.	133390

The OPLIN Board shall research and assist or advise local	133391
libraries with regard to emerging technologies and methods that	133392
may be effective means to control access to obscene and illegal	133393
materials. The OPLIN Executive Director shall provide biannual	133394
written reports to the Governor, the Speaker and Minority Leader	133395
of the House of Representatives, and the President and Minority	133396
Leader of the Senate on any steps being taken by OPLIN and public	133397
libraries in the state to limit and control such improper usage as	133398
well as information on technological, legal, and law enforcement	133399
trends nationally and internationally affecting this area of	133400
public access and service.	133401

(C) The Ohio Public Library Information Network, INFOhio, and	133402
OhioLINK shall, to the extent feasible, coordinate and cooperate	133403
in their purchase or other acquisition of the use of electronic	133404
databases for their respective users and shall contribute funds in	133405
an equitable manner to such effort.	133406

LIBRARY FOR THE BLIND

133407

The foregoing appropriation item 350605, Library for the	133408
Blind, shall be used for the statewide Talking Book Program to	133409
assist the blind and disabled.	133410

TRANSFER TO OPLIN TECHNOLOGY FUND

133411

Notwithstanding sections 5747.03 and 5747.47 of the Revised	133412
Code and any other provision of law to the contrary, in accordance	133413
with a schedule established by the Director of Budget and	133414
Management, the Director of Budget and Management shall transfer	133415
$3,702,150 cash in each fiscal year from the Public Library Fund	133416
(Fund 7065) to the OPLIN Technology Fund (Fund 4S40).	133417

TRANSFER TO LIBRARY FOR THE BLIND FUND

133418

Notwithstanding sections 5747.03 and 5747.47 of the Revised	133419
Code and any other provision of law to the contrary, in accordance	133420
with a schedule established by the Director of Budget and	133421
Management, the Director of Budget and Management shall transfer	133422
$1,274,194 cash in each fiscal year from the Public Library Fund	133423
(Fund 7065) to the Library for the Blind Fund (Fund 5GB0).	133424

Section 325.10. LCO LIQUOR CONTROL COMMISSION

133425

Liquor Control Fund Group	133426

7043	970321	Operating Expenses	$	728,162	$	772,524	133427
TOTAL LCF Liquor Control Fund Group			$	728,162	$	772,524	133428
TOTAL ALL BUDGET FUND GROUPS			$	728,162	$	772,524	133429

Section 327.10. LOT STATE LOTTERY COMMISSION

133431

State Lottery Fund Group	133432

2310	950604	Charitable Gaming Oversight	$	2,378,000	$	2,378,000	133433
7044	950100	Personal Services	$	24,378,979	$	24,378,979	133434
7044	950200	Maintenance	$	14,578,155	$	14,652,155	133435
7044	950300	Equipment	$	4,058,420	$	3,603,920	133436
7044	950402	Advertising Contracts	$	21,756,000	$	21,756,000	133437
7044	950403	Gaming Contracts	$	47,978,749	$	48,756,010	133438
7044	950500	Problem Gambling Subsidy	$	350,000	$	350,000	133439
7044	950601	Direct Prize Payments	$	124,426,168	$	124,884,039	133440
8710	950602	Annuity Prizes	$	89,935,565	$	89,415,976	133441
TOTAL SLF State Lottery Fund							133442
Group			$	329,840,036	$	330,175,079	133443
TOTAL ALL BUDGET FUND GROUPS			$	329,840,036	$	330,175,079	133444

OPERATING EXPENSES

133445

Notwithstanding sections 127.14 and 131.35 of the Revised	133446
Code, the Controlling Board may, at the request of the State	133447
Lottery Commission, authorize expenditures from the State Lottery	133448
Fund in excess of the amounts appropriated, up to a maximum of 15	133449
per cent of anticipated total revenue accruing from the sale of	133450
lottery tickets. Upon the approval of the Controlling Board, the	133451
additional amounts are hereby appropriated.	133452

DIRECT PRIZE PAYMENTS

133453

Any amounts, in addition to the amounts appropriated in	133454
appropriation item 950601, Direct Prize Payments, that the	133455
Director of the State Lottery Commission determines to be	133456
necessary to fund prizes, bonuses, and commissions are hereby	133457
appropriated.	133458

ANNUITY PRIZES

133459

Upon request of the State Lottery Commission, the Director of	133460
Budget and Management may transfer cash from the State Lottery	133461
Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in	133462
an amount sufficient to fund deferred prizes. The Treasurer of	133463
State, from time to time, shall credit the Deferred Prizes Trust	133464
Fund (Fund 8710) the pro rata share of interest earned by the	133465
Treasurer of State on invested balances.	133466

Any amounts, in addition to the amounts appropriated in	133467
appropriation item 950602, Annuity Prizes, that the Director of	133468
the State Lottery Commission determines to be necessary to fund	133469
deferred prizes and interest earnings are hereby appropriated.	133470

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

133471

The Director of Budget and Management shall transfer an	133472
amount greater than or equal to $705,000,000 in fiscal year 2010	133473
and $711,000,000 in fiscal year 2011 from the State Lottery Fund	133474
to the Lottery Profits Education Fund (Fund 7017). Transfers from	133475
the State Lottery Fund to the Lottery Profits Education Fund shall	133476
represent the estimated net income from operations for the	133477
Commission in fiscal year 2010 and fiscal year 2011. Transfers by	133478
the Director of Budget and Management to the Lottery Profits	133479
Education Fund shall be administered as the statutes direct.	133480

Section 329.10. MHC MANUFACTURED HOMES COMMISSION

133481

General Services Fund Group	133482

4K90	996609	Operating Expenses	$	400,000	$	400,000	133483
TOTAL GSF General Services							133484
Fund Group			$	400,000	$	400,000	133485
TOTAL ALL BUDGET FUND GROUPS			$	400,000	$	400,000	133486

Section 331.10. MED STATE MEDICAL BOARD

133488

General Services Fund Group	133489

5C60	883609	Operating Expenses	$	8,100,000	$	8,100,000	133490
TOTAL GSF General Services							133491
Fund Group			$	8,100,000	$	8,100,000	133492
TOTAL ALL BUDGET FUND GROUPS			$	8,100,000	$	8,100,000	133493

Section 333.10. AMB MEDICAL TRANSPORTATION BOARD

133495

General Services Fund Group	133496

4K90	915604	Operating Expenses	$	450,734	$	450,734	133497
TOTAL GSF General Services							133498
Fund Group			$	450,734	$	450,734	133499
TOTAL ALL BUDGET FUND GROUPS			$	450,734	$	450,734	133500

Section 335.10. DMH DEPARTMENT OF MENTAL HEALTH

133502

General Revenue Fund	133503

GRF	332401	Forensic Services	$	3,089,969	$	3,244,251	133504
GRF	333321	Central Administration	$	17,204,000	$	17,204,000	133505
GRF	333402	Resident Trainees	$	504,416	$	529,602	133506
GRF	333403	Pre-Admission Screening Expenses	$	514,446	$	540,132	133507
GRF	333415	Lease-Rental Payments	$	21,333,500	$	21,951,800	133508
GRF	333416	Research Program Evaluation	$	554,763	$	582,462	133509
GRF	334408	Community and Hospital Mental Health Services	$	371,742,870	$	369,982,336	133510
GRF	334506	Court Costs	$	618,253	$	649,122	133511
GRF	335404	Behavioral Health Services-Children	$	7,460,800	$	7,460,800	133512
GRF	335405	Family & Children First	$	1,430,654	$	1,502,086	133513
GRF	335419	Community Medication Subsidy	$	9,959,798	$	9,959,798	133514
GRF	335505	Local Mental Health Systems of Care	$	11,650,000	$	20,644,308	133515
TOTAL GRF General Revenue Fund			$	446,063,469	$	454,250,697	133516

General Services Fund Group	133517

1490	333609	Central Office Operating	$	1,200,000	$	1,200,000	133518
1490	334609	Hospital - Operating Expenses	$	36,050,000	$	36,050,000	133519
1500	334620	Special Education	$	150,000	$	150,000	133520
4P90	335604	Community Mental Health Projects	$	250,000	$	250,000	133521
1510	336601	Office of Support Services	$	148,998,000	$	159,279,140	133522
TOTAL GSF General Services Fund Group			$	186,648,000	$	196,929,140	133523

Federal Special Revenue Fund Group	133524

3240	333605	Medicaid/Medicare	$	154,500	$	154,500	133525
3A60	333608	Community and Hospital Services	$	140,000	$	140,000	133526
3A70	333612	Social Services Block Grant	$	25,000	$	25,000	133527
3A80	333613	Federal Grant - Administration	$	4,888,105	$	4,888,105	133528
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	133529
3B10	333635	Community Medicaid Expansion	$	13,691,682	$	13,691,682	133530
3240	334605	Medicaid/Medicare	$	25,200,000	$	30,200,000	133531
3A60	334608	Federal Miscellaneous	$	586,224	$	586,224	133532
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	133533
3B00	334617	Elementary/Secondary Education Act	$	182,334	$	182,334	133534
3A60	335608	Federal Miscellaneous	$	2,178,699	$	2,178,699	133535
3A70	335612	Social Services Block Grant	$	8,632,288	$	8,632,288	133536
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,595,040	$	2,595,040	133537
3A90	335614	Mental Health Block Grant	$	14,220,930	$	14,220,930	133538
3B10	335635	Community Medicaid Expansion	$	382,835,386	$	361,335,572	133539
TOTAL FED Federal Special Revenue Fund Group			$	456,278,658	$	439,778,844	133540

State Special Revenue Fund Group	133541

2320	333621	Family and Children First Administration	$	725,000	$	725,000	133542
4850	333632	Mental Health Operating	$	134,233	$	134,233	133543
4X50	333607	Behavioral Health Medicaid Services	$	3,000,624	$	3,000,624	133544
5V20	333611	Non-Federal Miscellaneous	$	560,000	$	560,000	133545
4850	334632	Mental Health Operating	$	2,400,000	$	2,400,000	133546
6920	334636	Community Mental Health Board Risk Fund	$	80,000	$	80,000	133547
5AU0	335615	Behavioral Healthcare	$	6,690,000	$	6,690,000	133548
5CH0	335622	Residential Support Service	$	1,500,000	$	1,500,000	133549
6320	335616	Community Capital Replacement	$	350,000	$	350,000	133550
TOTAL SSR State Special Revenue Fund Group			$	15,439,857	$	15,439,857	133551
TOTAL ALL BUDGET FUND GROUPS			$	1,104,429,984	$	1,106,398,538	133552

Section 335.10.10. FORENSIC SERVICES

133554

The foregoing appropriation item 332401, Forensic Services,	133555
shall be used to provide psychiatric services to courts of common	133556
pleas. The appropriation shall be allocated through community	133557
mental health boards to certified community agencies and shall be	133558
distributed according to the criteria delineated in rule	133559
5122:32-01 of the Administrative Code. These community forensic	133560
funds may also be used to provide forensic training to community	133561
mental health boards and to forensic psychiatry residency programs	133562
in hospitals operated by the Department of Mental Health and to	133563
provide evaluations of patients of forensic status in facilities	133564
operated by the Department of Mental Health prior to conditional	133565
release to the community.	133566

In addition, appropriation item 332401, Forensic Services,	133567
may be used to support projects involving mental health or	133568
substance abuse, to assist courts and law enforcement to identify	133569
and develop appropriate alternative services to incarceration for	133570
nonviolent mentally ill offenders, and to provide specialized	133571
re-entry services to offenders leaving prisons and jails. Funds	133572
may also be used to provide forensic monitoring and tracking in	133573
addition to community programs serving persons of forensic status	133574
on conditional release or probation.	133575

Section 335.20.10. RESIDENCY TRAINEESHIP PROGRAMS

133576

The foregoing appropriation item 333402, Resident Trainees,	133577
shall be used to fund training agreements entered into by the	133578
Director of Mental Health for the development of curricula and the	133579
provision of training programs to support public mental health	133580
services.	133581

Section 335.20.20. PRE-ADMISSION SCREENING EXPENSES

133582

The foregoing appropriation item 333403, Pre-Admission	133583
Screening Expenses, shall be used to ensure that uniform statewide	133584
methods for pre-admission screening are in place for persons who	133585
have severe mental illness and are referred for long-term	133586
Medicaid certified nursing facility placement. Pre-admission	133587
screening includes the following activities: pre-admission	133588
assessment, consideration of continued stay requests, discharge	133589
planning and referral, and adjudication of appeals and grievance	133590
procedures.	133591

Section 335.20.30. LEASE-RENTAL PAYMENTS

133592

The foregoing appropriation item 333415, Lease-Rental	133593
Payments, shall be used to meet all payments during the period	133594
from July 1, 2009, to June 30, 2011, by the Department of Mental	133595
Health under leases and agreements made under section 154.20 of	133596
the Revised Code. These appropriations are the source of funds	133597
pledged for bond service charges on obligations issued pursuant to	133598
Chapter 154. of the Revised Code.	133599

Section 335.20.40. BEHAVIORAL HEALTH MEDICAID SERVICES

133600

The Department of Mental Health shall administer specified	133601
Medicaid services as delegated by the Department of Job and Family	133602
Services in an interagency agreement. The foregoing appropriation	133603
item 333607, Behavioral Health Medicaid Services, may be used to	133604
make payments for free-standing psychiatric hospital inpatient	133605
services as defined in an interagency agreement with the	133606
Department of Job and Family Services.	133607

Section 335.30.10. COMMUNITY MENTAL HEALTH BOARD RISK FUND

133608

The foregoing appropriation item 334636, Community Mental	133609
Health Board Risk Fund, shall be used to make payments under	133610
section 5119.62 of the Revised Code.	133611

Section 335.40.10. BEHAVIORAL HEALTH SERVICES - CHILDREN

133612

The foregoing appropriation item 335404, Behavioral Health	133613
Services-Children, shall be used to provide behavioral health	133614
services for children and their families. At least $1,000,000 in	133615
each fiscal year shall be used to provide behavioral health	133616
treatment services for children under the age of seven and their	133617
families. Behavioral health services include mental health and	133618
alcohol and other drug treatment services and other necessary	133619
supports.	133620

The foregoing appropriation item 335404, Behavioral Health	133621
Services-Children, shall be distributed to boards of alcohol,	133622
drug addiction, and mental health services, including community	133623
mental health boards and alcohol and drug addiction boards, based	133624
upon a distribution formula approved by the Director of Mental	133625
Health, except that the amount earmarked for children under the	133626
age of seven shall be distributed to the local boards based on	133627
community-need as determined by the Director of Mental Health.	133628
These moneys shall be used in accordance with the board's	133629
applicable plan or plans developed under sections 340.03 and	133630
340.033 of the Revised Code and in collaboration with the local	133631
family and children first council. Collaboration with the local	133632
council shall be conducted through a process defined by a system	133633
of care guidance as approved by the Ohio Family and Children	133634
First Cabinet Council.	133635

Section 335.40.20. COMMUNITY MEDICATION SUBSIDY

133636

The foregoing appropriation item 335419, Community Medication	133637
Subsidy, shall be used to provide subsidized support for	133638
psychotropic medication needs of indigent citizens in the	133639
community to reduce unnecessary hospitalization because of lack of	133640
medication and to provide subsidized support for methadone costs.	133641

Section 335.40.30. LOCAL MENTAL HEALTH SYSTEMS OF CARE

133642

The foregoing appropriation item 335505, Local Mental Health	133643
Systems of Care, shall be used for mental health services	133644
provided by community mental health boards in accordance with a	133645
community mental health plan submitted under section 340.03 of	133646
the Revised Code and as approved by the Department of Mental	133647
Health.	133648

Section 337.10. DMR DEPARTMENT OF DEVELOPMENTAL DISABILITIES

133649

General Revenue Fund	133650

GRF	320321	Central Administration	$	4,662,675	$	4,662,675	133651
GRF	320412	Protective Services	$	2,174,826	$	2,174,826	133652
GRF	320415	Lease-Rental Payments	$	21,333,500	$	21,951,800	133653
GRF	322413	Residential and Support Services	$	5,854,555	$	4,854,555	133654
GRF	322416	Medicaid Waiver - State Match	$	76,940,156	$	96,995,649	133655
GRF	322451	Family Support Services	$	6,591,953	$	6,591,953	133656
GRF	322501	County Boards Subsidies	$	66,986,448	$	62,259,252	133657
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	133658
GRF	322504	Martin Settlement	$	26,799,300	$	31,234,500	133659
GRF	322647	ICF/MR Franchise Fee - Developmental Centers	$	5,953,391	$	7,146,609	133660
GRF	323321	Developmental Center and Residential Facilities Operation Expenses	$	72,091,333	$	79,364,778	133661
TOTAL GRF General Revenue Fund			$	303,388,137	$	331,236,597	133662

General Services Fund Group	133663

4880	322603	Provider Audit Refunds	$	10,000	$	10,000	133664
1520	323609	Developmental Center and Residential Operating Services	$	912,176	$	912,176	133665
TOTAL GSF General Services Fund Group			$	922,176	$	922,176	133666

Federal Special Revenue Fund Group	133667

3A50	320613	DD Council	$	2,891,473	$	2,963,760	133668
3250	322612	Community Social Service Programs	$	10,494,451	$	10,494,451	133669
3G60	322639	Medicaid Waiver - Federal	$	759,888,829	$	745,540,748	133670
3M70	322650	CAFS Medicaid	$	28,465,980	$	29,349,502	133671
3A40	323605	Developmental Center and Residential Facility Services and Support	$	167,503,941	$	162,857,712	133672
TOTAL FED Federal Special Revenue Fund Group			$	969,244,674	$	951,206,173	133673

State Special Revenue Fund Group	133674

5GE0	320606	Operating and Services	$	3,760,504	$	7,521,008	133675
2210	322620	Supplement Service Trust	$	150,000	$	150,000	133676
4K80	322604	Medicaid Waiver - State Match	$	12,000,000	$	12,000,000	133677
5CT0	322632	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	133678
5DJ0	322625	Targeted Case Management Match	$	13,716,454	$	13,716,454	133679
5DJ0	322626	Targeted Case Management Services	$	29,926,640	$	29,926,640	133680
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	133681
5EV0	322627	Program Fees	$	500,000	$	500,000	133682
5H00	322619	Medicaid Repayment	$	15,000	$	15,000	133683
5Z10	322624	County Board Waiver Match	$	158,648,995	$	169,754,424	133684
4890	323632	Developmental Center Direct Care Support	$	15,395,774	$	15,395,684	133685
5S20	590622	Medicaid Administration & Oversight	$	15,000,000	$	15,000,000	133686
TOTAL SSR State Special Revenue Fund Group			$	250,863,367	$	265,729,210	133687
TOTAL ALL BUDGET FUND GROUPS			$	1,524,418,354	$	1,549,094,156	133688

Section 337.20.10. LEASE-RENTAL PAYMENTS

133690

The foregoing appropriation item 320415, Lease-Rental	133691
Payments, shall be used to meet all payments at the time they are	133692
required to be made during the period from July 1, 2009, to June	133693
30, 2011, by the Department of Developmental Disabilities under	133694
leases and agreements made under section 154.20 of the Revised	133695
Code. These appropriations are the source of funds pledged for	133696
bond service charges or obligations issued pursuant to Chapter	133697
154. of the Revised Code.	133698

Section 337.30.10. RESIDENTIAL AND SUPPORT SERVICES

133699

The Department of Developmental Disabilities may designate a	133700
portion of appropriation item 322413, Residential and Support	133701
Services, for Sermak Class Services used to implement the	133702
requirements of the agreement settling the consent decree in	133703
Sermak v. Manuel, Case No. c-2-80-220, United States District	133704
Court for the Southern District of Ohio, Eastern Division.	133705

Section 337.30.20. OTHER RESIDENTIAL AND SUPPORT SERVICE	133706
PROGRAMS	133707

The foregoing appropriation item 322413, Residential Support	133708
Services, may be used for residential and support service	133709
programs, developed by the Department of Developmental	133710
Disabilities, that enable persons with mental retardation and	133711
developmental disabilities to live in the community.	133712

Section 337.30.30. MEDICAID WAIVER - STATE MATCH (GRF)

133713

Except as otherwise provided in section 5123.0416 of the	133714
Revised Code, the purposes for which the foregoing appropriation	133715
item 322416, Medicaid Waiver - State Match, shall be used include	133716
the following:	133717

(A) Home and community-based waiver services under Title XIX	133718
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	133719
as amended.	133720

(B) To pay the nonfederal share of the cost of one or more	133721
new intermediate care facilities for the mentally retarded	133722
certified beds, if the Director of Developmental Disabilities	133723
is required by this act to transfer to the Director of Job and	133724
Family Services funds to pay such nonfederal share.	133725

Section 337.30.40. FISCAL PLAN FOR HOME AND COMMUNITY-BASED	133726
WAIVER SERVICES	133727

Not later than December 31, 2009, the Director of	133728
Developmental Disabilities shall submit a plan to the Director of	133729
Job and Family Services with recommendations for actions to be	133730
taken addressing the fiscal sustainability of home and	133731
community-based services as defined in section 5123.01 of the	133732
Revised Code. The plan may include recommendations for all of the	133733
following:	133734

(A) Changing the ranges in the amount the Medicaid program	133735
will pay per individual for the home and community-based services;	133736

(B) Establishing one or more maximum amounts that the	133737
Medicaid program will pay per individual for the home and	133738
community-based services;	133739

(C) Modifying the methodology used in establishing payment	133740
rates for providers, including the methodology's component that	133741
reflects wages and benefits for persons providing direct care and	133742
the component that reflects training and direct supervision of	133743
those persons.	133744

Section 337.30.50. STATE SUBSIDY TO COUNTY MR/DD BOARDS

133745

Except as otherwise provided in the section of this act	133746
titled "Nonfederal Share of New ICF/MR Beds," the Director of	133747
Developmental Disabilities, in consultation with the county	133748
boards of developmental disabilities, shall develop a formula for	133749
allocating the foregoing appropriation item 322501, County Boards	133750
Subsidies, to each board. The Department shall distribute this	133751
subsidy to county boards in quarterly installments.	133752

Except as otherwise provided in section 5126.0511 of the	133753
Revised Code, county boards shall use the subsidy for early	133754
childhood services and adult services provided under section	133755
5126.05 of the Revised Code, service and support administration	133756
provided under section 5126.15 of the Revised Code, and supported	133757
living as defined in section 5126.01 of the Revised Code.	133758

Section 337.30.60. COUNTY BOARD SHARE OF WAIVER SERVICES

133759

As used in this section, "home and community-based services"	133760
has the same meaning as in section 5123.01 of the Revised Code.	133761

The Director of Developmental Disabilities shall establish a	133762
methodology to be used in state fiscal years 2010 and 2011 to	133763
estimate the quarterly amount each county board of developmental	133764
disabilities is to pay of the nonfederal share of home and	133765
community-based services that section 5126.0510 of the Revised	133766
Code requires county boards to pay. Each quarter, the Director	133767
shall submit to a county board written notice of the amount the	133768
county board is to pay for that quarter. The notice shall specify	133769
when the payment is due.	133770

If a county board fails to make the full payment by the time	133771
it is due, the Director of Developmental Disabilities may	133772
withhold the amount the county board fails to pay from one or	133773
more of the state subsidies that the Department of Developmental	133774
Disabilities would otherwise provide to the county board. Each	133775
quarter, the Director may use one or more of the following	133776
appropriation items to transfer cash from the General Revenue	133777
Fund to the County Board Waiver Match Fund (Fund 5Z10) equal to	133778
the amount the county board failed to pay:	133779

(A) Appropriation item 322413, Residential and Support	133780
Services;	133781

(B) Appropriation item 322451, Family Support Services;

133782

133783

(D) Appropriation item 322503, Tax Equity.

133784

Transfers shall be made using an intrastate transfer voucher.

133785

Section 337.30.70. TAX EQUITY

133786

Notwithstanding section 5126.18 of the Revised Code, if the	133787
Director of Developmental Disabilities determines that there is	133788
sufficient appropriation available, the foregoing appropriation	133789
item 322503, Tax Equity, shall be used to pay each county board	133790
of developmental disabilities an amount that is equal to the	133791
amount the board received for fiscal year 2009. If the Director	133792
determines that there is not sufficient appropriation available	133793
for this purpose, the Department shall pay to each county board	133794
an amount that is proportionate to the amount the board received	133795
for fiscal year 2009. Proportionality shall be determined by	133796
dividing the total tax equity payments distributed to county	133797
boards for fiscal year 2009 by the tax equity payment a county	133798
board received for fiscal year 2009.	133799

Section 337.30.80. MEDICAID WAIVER - STATE MATCH (FUND 4K80)

133800

The foregoing appropriation item 322604, Medicaid Waiver -	133801
State Match (Fund 4K80), shall be used as state matching funds for	133802
home and community-based waivers.	133803

Section 337.30.85. ICF/MR CONVERSION

133804

(A) As used in this section, "home and community-based	133805
services" has the same meaning as in section 5123.01 of the	133806
Revised Code.	133807

(B) For each quarter of the biennium, the Director of	133808
Developmental Disabilities shall certify to the Director of	133809
Budget and Management the estimated amount needed to fund the	133810
provision of home and community-based services made available by	133811
the slots sought under section 5111.877 of the Revised Code. On	133812
receipt of certification, the Director of Budget and Management	133813
shall transfer the estimated amount in cash from the General	133814
Revenue Fund to the Home and Community-Based Services Fund (Fund	133815
4K80), used by the Department of Developmental Disabilities.	133816
Upon completion of the transfer, appropriation item 600525, Health	133817
Care/Medicaid, is hereby reduced by the amount transferred under	133818
this section plus the corresponding federal share. The amount	133819
transferred to Fund 4K80 is hereby appropriated to appropriation	133820
item 322604, Medicaid Waiver – State Match.	133821

(C) If receipts credited to the Medicaid Waiver Fund (Fund	133822
3G60) exceed the amounts appropriated from the fund, the Director	133823
of Developmental Disabilities may request the Director of Budget	133824
and Management to authorize expenditures from the fund in excess	133825
of the amounts appropriated. Upon the approval of the Director of	133826
Budget and Management, the additional amounts are hereby	133827
appropriated.	133828

(D) If receipts credited to the Interagency Reimbursement	133829
Fund (Fund 3G50) exceed the amounts appropriated from the fund,	133830
the Director of Job and Family Services may request the Director	133831
of Budget and Management to authorize expenditures from the fund	133832
in excess of the amounts appropriated. Upon approval of the	133833
Director of Budget and Management, the additional amounts are	133834
hereby appropriated.	133835

Section 337.30.90. TARGETED CASE MANAGEMENT SERVICES

133836

County boards of developmental disabilities shall pay the	133837
nonfederal portion of targeted case management costs to the	133838
Department of Developmental Disabilities. The Director of	133839
Developmental Disabilities shall withhold any amount owed to the	133840
Department from subsequent payments from any appropriation item	133841
or money otherwise due to a nonpaying county.	133842

The Directors of Developmental Disabilities and Job and	133843
Family Services may enter into an interagency agreement under	133844
which the Department of Developmental Disabilities shall transfer	133845
cash to the Department of Job and Family Services equal to the	133846
nonfederal portion of the cost of targeted case management	133847
services paid by county boards and the Department of Job and	133848
Family Services shall pay the total cost of targeted case	133849
management claims. The transfer shall be made using an intrastate	133850
transfer voucher.	133851

Section 337.31.10. TRANSFER TO PROGRAM FEE FUND

133852

On July 1, 2009, or as soon as possible thereafter, the	133853
Director of Developmental Disabilities shall request that the	133854
Director of Budget and Management transfer the cash balance in	133855
the Conference/Training Fund (Fund 4B50) to the Program Fee Fund	133856
(Fund 5EV0). Upon completion of the transfer, Fund 4B50 is	133857
abolished. The Director of Developmental Disabilities shall cancel	133858
any existing encumbrances against appropriation item 320640,	133859
Training and Service Development, and re-establish them against	133860
appropriation item 322627, Program Fees. The re-established	133861
encumbrances are hereby appropriated.	133862

Section 337.31.20. DEVELOPMENTAL CENTER BILLING FOR SERVICES

133863

Developmental centers of the Department of Developmental	133864
Disabilities may provide services to persons with mental	133865
retardation or developmental disabilities living in the community	133866
or to providers of services to these persons. The Department may	133867
develop a method for recovery of all costs associated with the	133868
provisions of these services.	133869

Section 337.40.10. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	133870
PHARMACY PROGRAMS	133871

The Director of Developmental Disabilities shall transfer	133872
cash to the Department of Job and Family Services quarterly, in	133873
an amount equal to the nonfederal share of Medicaid prescription	133874
drug claim costs for all developmental centers paid by the	133875
Department of Job and Family Services. The quarterly transfer	133876
shall be made using an intrastate transfer voucher.	133877

Section 337.40.20. NONFEDERAL MATCH FOR ACTIVE TREATMENT	133878
SERVICES	133879

Any county funds received by the Department of Developmental	133880
Disabilities from county boards for active treatment shall be	133881
deposited in the Developmental Disabilities Operating Fund (Fund	133882
4890).	133883

Section 337.40.30. NONFEDERAL SHARE OF NEW ICF/MR BEDS

133884

(A) As used in this section, "intermediate care facility for	133885
the mentally retarded" has the same meaning as in section 5111.20	133886
of the Revised Code.	133887

(B) Except as provided in division (D) of this section, if	133888
one or more new beds obtain certification as an intermediate care	133889
facility for the mentally retarded bed on or after July 1, 2009,	133890
the Director of Developmental Disabilities shall transfer cash to	133891
the Department of Job and Family Services to pay the nonfederal	133892
share of the cost under the Medicaid Program for those beds. The	133893
transfer shall be made using an intrastate transfer voucher.	133894
Except as otherwise provided in section 5123.0416 of the Revised	133895
Code, the Director shall use only the following appropriation	133896
items for the transfer:	133897

(1) Appropriation item 322416, Medicaid Waiver - State	133898
Match;	133899

(2) Appropriation item 322501, County Boards Subsidies.

133900

(C) If the beds are located in a county served by a county	133901
board of developmental disabilities that initiates or supports	133902
the beds' certification, the cash that the Director transfers	133903
under division (B) of this section shall be moneys that the	133904
Director has allocated to the county board serving the county in	133905
which the beds are located unless the amount of the allocation is	133906
insufficient to pay the entire nonfederal share of the cost under	133907
the Medicaid Program for those beds. If the allocation is	133908
insufficient, the Director shall use as much of such moneys	133909
allocated to other counties as is needed to make up the	133910
difference.	133911

(D) Division (B) of this section shall not apply in the case	133912
of beds in an intermediate care facility for the mentally retarded	133913
if, under section 5123.193 or 5123.197 of the Revised Code, a	133914
residential facility license was obtained or modified for the	133915
facility without obtaining approval of a plan for the proposed	133916
residential facility pursuant to section 5123.042 of the Revised	133917
Code.	133918

Section 339.10. MIH COMMISSION ON MINORITY HEALTH

133919

General Revenue Fund	133920

GRF	149321	Operating Expenses	$	490,998	$	449,998	133921
GRF	149501	Minority Health Grants	$	1,064,833	$	1,105,833	133922
GRF	149502	Lupus Program	$	114,632	$	114,632	133923
TOTAL GRF General Revenue Fund			$	1,670,463	$	1,670,463	133924

Federal Special Revenue Fund Group	133925

3J90	149602	Federal Grants	$	179,250	$	179,250	133926
TOTAL FED Federal Special Revenue							133927
Fund Group			$	179,250	$	179,250	133928

State Special Revenue Fund Group	133929

4C20	149601	Minority Health Conference	$	30,000	$	30,000	133930
TOTAL SSR State Special Revenue							133931
Fund Group			$	30,000	$	30,000	133932
TOTAL ALL BUDGET FUND GROUPS			$	1,879,713	$	1,879,713	133933

Section 341.10. CRB MOTOR VEHICLE COLLISION REPAIR	133935
REGISTRATION BOARD	133936

General Services Fund Group	133937

4K90	865601	Operating Expenses	$	288,745	$	288,745	133938
TOTAL GSF General Services							133939
Fund Group			$	288,745	$	288,745	133940
TOTAL ALL BUDGET FUND GROUPS			$	288,745	$	288,745	133941

Section 343.10. DNR DEPARTMENT OF NATURAL RESOURCES

133943

General Revenue Fund	133944

GRF	725401	Wildlife-GRF Central Support	$	1,950,000	$	2,000,000	133945
GRF	725413	Lease Rental Payments	$	20,760,600	$	21,556,500	133946
GRF	725456	Canal Lands	$	150,000	$	150,000	133947
GRF	725502	Soil and Water Districts	$	6,900,000	$	2,900,000	133948
GRF	725903	Natural Resources General Obligation Debt Service	$	25,438,000	$	26,549,400	133949
GRF	727321	Division of Forestry	$	5,906,376	$	5,420,376	133950
GRF	728321	Division of Geological Survey	$	1,100,000	$	0	133951
GRF	730321	Division of Parks and Recreation	$	31,806,918	$	32,693,791	133952
GRF	733321	Division of Water	$	2,300,000	$	2,546,000	133953
GRF	736321	Division of Engineering	$	2,300,000	$	2,572,000	133954
GRF	737321	Division of Soil and Water Resources	$	2,828,562	$	3,128,562	133955
GRF	738321	Division of Real Estate and Land Management	$	1,475,000	$	1,546,000	133956
GRF	741321	Division of Natural Areas and Preserves	$	1,739,873	$	0	133957
GRF	744321	Division of Mineral Resources Management	$	2,800,000	$	1,000,000	133958
TOTAL GRF General Revenue Fund			$	107,455,329	$	102,062,629	133959

General Services Fund Group	133960

1550	725601	Departmental Projects	$	2,100,000	$	2,100,000	133961
1570	725651	Central Support Indirect	$	6,000,000	$	6,000,000	133962
2040	725687	Information Services	$	4,200,000	$	4,400,448	133963
2070	725690	Real Estate Services	$	130,000	$	132,000	133964
2230	725665	Law Enforcement Administration	$	2,062,410	$	2,062,410	133965
2270	725406	Parks Projects Personnel	$	150,000	$	150,000	133966
4300	725671	Canal Lands	$	916,541	$	922,424	133967
4D50	725618	Recycled Materials	$	50,000	$	50,000	133968
4S90	725622	NatureWorks Personnel	$	412,740	$	412,740	133969
4X80	725662	Water Resources Council	$	138,900	$	138,900	133970
5080	725684	Natural Resources Publications	$	150,000	$	150,000	133971
5100	725631	Maintenance - State-owned Residences	$	258,919	$	258,919	133972
5160	725620	Water Management	$	2,500,000	$	2,500,000	133973
6350	725664	Fountain Square Facilities Management	$	3,500,000	$	3,500,000	133974
6970	725670	Submerged Lands	$	1,072,011	$	772,011	133975
TOTAL GSF General Services							133976
Fund Group			$	23,641,521	$	23,549,852	133977

Federal Special Revenue Fund Group	133978

3320	725669	Federal Mine Safety Grant	$	258,102	$	258,102	133979
3B30	725640	Federal Forest Pass-Thru	$	600,000	$	600,000	133980
3B40	725641	Federal Flood Pass-Thru	$	700,000	$	700,000	133981
3B50	725645	Federal Abandoned Mine Lands	$	14,307,667	$	14,307,667	133982
3B60	725653	Federal Land and Water Conservation Grants	$	2,000,000	$	2,000,000	133983
3B70	725654	Reclamation - Regulatory	$	2,394,565	$	2,388,775	133984
3P00	725630	Natural Areas and Preserves - Federal	$	215,000	$	215,000	133985
3P10	725632	Geological Survey - Federal	$	689,506	$	692,401	133986
3P20	725642	Oil and Gas-Federal	$	231,456	$	234,509	133987
3P30	725650	Coastal Management - Federal	$	1,711,237	$	1,711,237	133988
3P40	725660	Federal - Soil and Water Resources	$	316,734	$	316,734	133989
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	2,025,001	$	2,025,001	133990
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	133991
TOTAL FED Federal Special Revenue							133992
Fund Group			$	27,299,268	$	27,299,426	133993

State Special Revenue Fund Group	133994

4J20	725628	Injection Well Review	$	68,933	$	68,933	133995
4M70	725686	Wildfire Suppression	$	75,000	$	75,000	133996
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	133997
5090	725602	State Forest	$	7,200,000	$	7,200,000	133998
5110	725646	Ohio Geological Mapping	$	724,310	$	723,515	133999
5120	725605	State Parks Operations	$	31,885,528	$	31,885,528	134000
5140	725606	Lake Erie Shoreline	$	1,074,113	$	974,113	134001
5180	725643	Oil and Gas Permit Fees	$	2,974,378	$	2,974,378	134002
5180	725677	Oil and Gas Well Plugging	$	800,000	$	800,000	134003
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	134004
5220	725656	Natural Areas and Preserves	$	1,400,000	$	1,400,000	134005
5260	725610	Strip Mining Administration Fee	$	3,267,587	$	3,364,361	134006
5270	725637	Surface Mining Administration	$	1,946,591	$	1,946,591	134007
5290	725639	Unreclaimed Land Fund	$	2,021,713	$	2,023,831	134008
5310	725648	Reclamation Forfeiture	$	1,500,000	$	1,500,000	134009
5320	725644	Litter Control and Recycling	$	6,280,681	$	6,280,681	134010
5860	725633	Scrap Tire Program	$	1,000,000	$	1,000,000	134011
5B30	725674	Mining Regulation		28,850		28,850	134012
5BV0	725658	Heidelberg Water Quality Lab	$	250,000	$	250,000	134013
5BV0	725683	Soil and Water Districts	$	10,875,577	$	18,104,906	134014
5CU0	725647	Mine Safety	$	3,053,843	$	3,199,923	134015
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	134016
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	134017
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	134018
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	134019
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	134020
6150	725661	Dam Safety	$	807,403	$	807,403	134021
TOTAL SSR State Special Revenue							134022
Fund Group			$	77,528,497	$	84,902,003	134023

Clean Ohio Conservation Fund Group	134024

7061	725405		Clean Ohio Operating		$	310,000		$	310,000		134025
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		134026

Wildlife Fund Group	134027

5P20	725634	Wildlife Boater Angler Administration	$	2,000,000	$	2,000,000	134028
7015	740401	Division of Wildlife Conservation	$	58,614,436	$	54,906,000	134029
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	134030
8160	725649	Wetlands Habitat	$	966,885	$	966,885	134031
8170	725655	Wildlife Conservation Checkoff Fund	$	2,800,000	$	2,800,000	134032
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	134033
8190	725685	Ohio River Management	$	128,584	$	128,584	134034
TOTAL WLF Wildlife Fund Group			$	66,130,354	$	62,421,918	134035

Waterways Safety Fund Group	134036

7086	725414	Waterways Improvement	$	4,265,575	$	4,265,575	134037
7086	725418	Buoy Placement	$	52,182	$	52,182	134038
7086	725501	Waterway Safety Grants	$	137,867	$	137,867	134039
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	134040
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	134041
7086	739401	Division of Watercraft	$	19,949,181	$	19,949,181	134042
TOTAL WSF Waterways Safety Fund							134043
Group			$	25,347,601	$	25,347,601	134044

Accrued Leave Liability Fund Group	134045

4M80	725675	FOP Contract	$	20,844	$	20,844	134046
TOTAL ALF Accrued Leave							134047
Liability Fund Group			$	20,844	$	20,844	134048

Holding Account Redistribution Fund Group	134049

R017	725659	Performance Cash Bond Refunds	$	296,263	$	296,263	134050
R043	725624	Forestry	$	2,000,000	$	2,000,000	134051
TOTAL 090 Holding Account							134052
Redistribution Fund Group			$	2,296,263	$	2,296,263	134053
TOTAL ALL BUDGET FUND GROUPS			$	330,029,677	$	328,210,536	134054

Section 343.20. CENTRAL SUPPORT INDIRECT

134056

With the exception of the Division of Wildlife, whose direct	134057
and indirect central support charges shall be paid out of the	134058
General Revenue Fund from the foregoing appropriation item	134059
725401, Wildlife-GRF Central Support, the Department of Natural	134060
Resources, with approval of the Director of Budget and Management,	134061
shall utilize a methodology for determining each division's	134062
payments into the Central Support Indirect Fund (Fund 1570). The	134063
methodology used shall contain the characteristics of	134064
administrative ease and uniform application in compliance with	134065
federal grant requirements. It may include direct cost charges for	134066
specific services provided. Payments to Fund 1570 shall be made	134067
using an intrastate transfer voucher.	134068

Section 343.20.20. WELL LOG FILING FEES

134069

The Chief of the Division of Water shall deposit fees	134070
forwarded to the Division pursuant to section 1521.05 of the	134071
Revised Code into the Departmental Services – Intrastate Fund	134072
(Fund 1550) for the purposes described in that section.	134073

Section 343.30. LEASE RENTAL PAYMENTS

134074

The foregoing appropriation item 725413, Lease Rental	134075
Payments, shall be used to meet all payments at the times they are	134076
required to be made during the period from July 1, 2009, to June	134077
30, 2011, by the Department of Natural Resources pursuant to	134078
leases and agreements made under section 154.22 of the Revised	134079
Code. These appropriations are the source of funds pledged for	134080
bond service charges or obligations issued pursuant to Chapter	134081
154. of the Revised Code.	134082

CANAL LANDS

134083

The foregoing appropriation item 725456, Canal Lands, shall	134084
be used to transfer funds to the Canal Lands Fund (Fund 4300) to	134085
provide operating expenses for the State Canal Lands Program. The	134086
transfer shall be made using an intrastate transfer voucher and	134087
shall be subject to the approval of the Director of Budget and	134088
Management.	134089

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

134090

The foregoing appropriation item 725903, Natural Resources	134091
General Obligation Debt Service, shall be used to pay all debt	134092
service and related financing costs during the period July 1,	134093
2009, to June 30, 2011, on obligations issued under sections	134094
151.01 and 151.05 of the Revised Code.	134095

Section 343.30.10. FOUNTAIN SQUARE

134096

The foregoing appropriation item 725664, Fountain Square	134097
Facilities Management, shall be used for payment of repairs,	134098
renovation, utilities, property management, and building	134099
maintenance expenses for the Fountain Square complex. Cash	134100
transferred by intrastate transfer vouchers from various	134101
department funds and rental income received by the Department of	134102
Natural Resources shall be deposited into the Fountain Square	134103
Facilities Management Fund (Fund 6350).	134104

Section 343.40. SOIL AND WATER DISTRICTS

134105

In addition to state payments to soil and water conservation	134106
districts authorized by section 1515.10 of the Revised Code, the	134107
Department of Natural Resources may use appropriation item 725502,	134108
Soil and Water Districts, to pay any soil and water conservation	134109
district an annual amount not to exceed $30,000, upon receipt of	134110
a request and justification from the district and approval by the	134111
Ohio Soil and Water Conservation Commission. The county auditor	134112
shall credit the payments to the special fund established under	134113
section 1515.10 of the Revised Code for the local soil and water	134114
conservation district. Moneys received by each district shall be	134115
expended for the purposes of the district.	134116

The foregoing appropriation item 725683, Soil and Water	134117
Districts, shall be expended for the purposes described above,	134118
except that the funding source for this appropriation shall be	134119
fees applied on the disposal of construction and demolition	134120
debris and municipal solid waste as provided in section 1515.14 of	134121
the Revised Code.	134122

OIL AND GAS WELL PLUGGING

134123

The foregoing appropriation item 725677, Oil and Gas Well	134124
Plugging, shall be used exclusively for the purposes of plugging	134125
wells and to properly restore the land surface of idle and orphan	134126
oil and gas wells pursuant to section 1509.071 of the Revised	134127
Code. No funds from the appropriation item shall be used for	134128
salaries, maintenance, equipment, or other administrative	134129
purposes, except for those costs directly attributed to the	134130
plugging of an idle or orphan well. This appropriation item shall	134131
not be used to transfer cash to any other fund or appropriation	134132
item.	134133

LITTER CONTROL AND RECYCLING

134134

Of the foregoing appropriation item 725644, Litter Control	134135
and Recycling, up to $1,500,000 may be used in each fiscal year	134136
for the administration of the Recycling and Litter Prevention	134137
Program.	134138

Section 343.40.10. CLEAN OHIO OPERATING EXPENSES

134139

The foregoing appropriation item 725405, Clean Ohio	134140
Operating, shall be used by the Department of Natural Resources in	134141
administering section 1519.05 of the Revised Code.	134142

Section 343.50. WATERCRAFT MARINE PATROL

134143

Of the foregoing appropriation item 739401, Division of	134144
Watercraft, up to $200,000 in each fiscal year shall be expended	134145
for the purchase of equipment for marine patrols qualifying for	134146
funding from the Department of Natural Resources pursuant to	134147
section 1547.67 of the Revised Code. Proposals for equipment shall	134148
accompany the submission of documentation for receipt of a marine	134149
patrol subsidy pursuant to section 1547.67 of the Revised Code and	134150
shall be loaned to eligible marine patrols pursuant to a	134151
cooperative agreement between the Department of Natural Resources	134152
and the eligible marine patrol.	134153

SCENIC RIVERS PROGRAM

134154

On July 1 of each fiscal year or as soon as possible	134155
thereafter, the Director of Budget and Management shall transfer	134156
$500,000 cash from the Waterways Safety Fund (Fund 7086) to the	134157
Scenic Rivers Protection Fund (Fund 4U60) for use by the Division	134158
of Watercraft in administering the Wild, Scenic, and Recreational	134159
Rivers Program pursuant to Chapter 1547. of the Revised Code. The	134160
amount transferred is hereby appropriated in appropriation item	134161
725668, Scenic Rivers Protection.	134162

Section 343.60. PARKS CAPITAL EXPENSES FUND

134163

The Director of Natural Resources shall submit to the	134164
Director of Budget and Management the estimated design,	134165
engineering, and planning costs of capital-related work to be done	134166
by Department of Natural Resources staff for parks projects. If	134167
the Director of Budget and Management approves the estimated	134168
costs, the Director may release appropriations from appropriation	134169
item C725E6, Project Planning, in the Parks and Recreation	134170
Improvement Fund (Fund 7035), for those purposes. Upon release of	134171
the appropriations, the Department of Natural Resources shall pay	134172
for these expenses from the Parks Capital Expenses Fund (Fund	134173
2270). Expenses paid from Fund 2270 shall be reimbursed by Fund	134174
7035 using an intrastate transfer voucher.	134175

NATUREWORKS CAPITAL EXPENSES FUND

134176

The Department of Natural Resources shall periodically	134177
prepare and submit to the Director of Budget and Management the	134178
estimated design, planning, and engineering costs of	134179
capital-related work to be done by Department of Natural Resources	134180
staff for each capital improvement project within the Ohio Parks	134181
and Natural Resources Fund (Fund 7031). If the Director of Budget	134182
and Management approves the estimated costs, the Director may	134183
release appropriations from appropriation item C725E5, Project	134184
Planning, in fund 7031, for those purposes. Upon release of the	134185
appropriations, the Department of Natural Resources shall pay for	134186
these expenses from the Capital Expenses Fund (Fund 4S90).	134187
Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by	134188
using an intrastate transfer voucher.	134189

Section 345.10. NUR STATE BOARD OF NURSING

134190

General Services Fund Group	134191

4K90	884609	Operating Expenses	$	5,661,280	$	5,661,280	134192
5AC0	884602	Nurse Education Grant Program	$	1,000,000	$	1,000,000	134193
5P80	884601	Nursing Special Issues	$	5,000	$	5,000	134194
TOTAL GSF General Services							134195
Fund Group			$	6,666,280	$	6,666,280	134196
TOTAL ALL BUDGET FUND GROUPS			$	6,666,280	$	6,666,280	134197

NURSING SPECIAL ISSUES

134198

The foregoing appropriation item 884601, Nursing Special	134199
Issues (Fund 5P80), shall be used to pay the costs the Board of	134200
Nursing incurs in implementing section 4723.062 of the Revised	134201
Code.	134202

Section 347.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	134203
AND ATHLETIC TRAINERS BOARD	134204

General Services Fund Group	134205

4K90	890609	Operating Expenses	$	900,000	$	900,000	134206
TOTAL GSF General Services Fund Group			$	900,000	$	900,000	134207
TOTAL ALL BUDGET FUND GROUPS			$	900,000	$	900,000	134208

Section 348.10. OLA OHIOANA LIBRARY ASSOCIATION

134210

General Revenue Fund	134211

GRF	355501	Library Subsidy	$	125,000	$	125,000	134212
TOTAL GRF General Revenue Fund			$	125,000	$	125,000	134213
TOTAL ALL BUDGET FUND GROUPS			$	125,000	$	125,000	134214

Section 349.10. ODB OHIO OPTICAL DISPENSERS BOARD

134216

General Services Fund Group	134217

4K90	894609	Operating Expenses	$	316,664	$	316,664	134218
TOTAL GSF General Services							134219
Fund Group			$	316,664	$	316,664	134220
TOTAL ALL BUDGET FUND GROUPS			$	316,664	$	316,664	134221

Section 351.10. OPT STATE BOARD OF OPTOMETRY

134223

General Services Fund Group	134224

4K90	885609	Operating Expenses	$	325,185	$	325,185	134225
TOTAL GSF General Services							134226
Fund Group			$	325,185	$	325,185	134227
TOTAL ALL BUDGET FUND GROUPS			$	325,185	$	325,185	134228

Section 353.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	134230
AND PEDORTHICS	134231

General Services Fund Group	134232

4K90	973609	Operating Expenses	$	105,000	$	105,000	134233
TOTAL GSF General Services							134234
Fund Group			$	105,000	$	105,000	134235
TOTAL ALL BUDGET FUND GROUPS			$	105,000	$	105,000	134236

Section 355.10. UST PETROLEUM UNDERGROUND STORAGE TANK

134237

Agency Fund Group	134238

6910	810632	PUSTRCB Staff	$	1,050,000	$	1,050,000	134239
TOTAL AGY Agency Fund Group			$	1,050,000	$	1,050,000	134240
TOTAL ALL BUDGET FUND GROUPS			$	1,050,000	$	1,050,000	134241

Section 357.10. PRX STATE BOARD OF PHARMACY

134243

General Services Fund Group	134244

4A50	887605	Drug Law Enforcement	$	75,500	$	75,500	134245
4K90	887609	Operating Expenses	$	5,000,000	$	5,000,000	134246
TOTAL GSF General Services Fund Group			$	5,075,500	$	5,075,500	134247

Federal Special Revenue Fund Group	134248

3BC0	887604	Dangerous Drugs Database	$	493,164	$	500,891	134249
TOTAL FED Federal Special Revenue Fund Group			$	493,164	$	500,891	134250
TOTAL ALL BUDGET FUND GROUPS			$	5,568,664	$	5,576,391	134251

Section 359.10. PSY STATE BOARD OF PSYCHOLOGY

134253

General Services Fund Group	134254

4K90	882609	Operating Expenses	$	525,000	$	525,000	134255
TOTAL GSF General Services							134256
Fund Group			$	525,000	$	525,000	134257
TOTAL ALL BUDGET FUND GROUPS			$	525,000	$	525,000	134258

Section 361.10. PUB OHIO PUBLIC DEFENDER COMMISSION

134260

General Revenue Fund	134261

GRF	019321	Public Defender Administration	$	772,500	$	612,600	134262
GRF	019401	State Legal Defense Services	$	4,377,500	$	3,471,400	134263
GRF	019403	Multi-County: State Share	$	1,308,201	$	1,456,835	134264
GRF	019404	Trumbull County - State Share	$	430,217	$	467,727	134265
GRF	019405	Training Account	$	50,000	$	50,000	134266
GRF	019501	County Reimbursement	$	13,855,879	$	10,711,478	134267
TOTAL GRF General Revenue Fund			$	20,794,297	$	16,770,040	134268

General Services Fund Group	134269

4070	019604	County Representation	$	196,650	$	207,143	134270
4080	019605	Client Payments	$	600,000	$	600,000	134271
5CX0	019617	Civil Case Filing Fee	$	743,076	$	772,121	134272
TOTAL GSF General Services							134273
Fund Group			$	1,539,726	$	1,579,264	134274

Federal Special Revenue Fund Group	134275

3S80	019608	Federal Representation	$	202,347	$	212,303	134276
TOTAL FED Federal Special Revenue							134277
Fund Group			$	202,347	$	212,303	134278

State Special Revenue Fund Group	134279

4C70	019601	Multi-County: County Share	$	2,227,056	$	2,384,210	134280
4X70	019610	Trumbull County - County Share	$	732,393	$	765,467	134281
5740	019606	Civil Legal Aid	$	35,000,000	$	35,000,000	134282
5DY0	019618	Indigent Defense Support - County Share	$	27,783,000	$	37,044,000	134283
5DY0	019619	Indigent Defense Support Fund - State Office	$	3,087,000	$	4,116,000	134284
TOTAL SSR State Special Revenue							134285
Fund Group			$	68,829,449	$	79,309,677	134286
TOTAL ALL BUDGET FUND GROUPS			$	91,365,819	$	97,871,284	134287

INDIGENT DEFENSE OFFICE

134288

The foregoing appropriation items 019404, Trumbull County -	134289
State Share, and 019610, Trumbull County - County Share, shall be	134290
used to support an indigent defense office for Trumbull County.	134291

MULTI-COUNTY OFFICE

134292

The foregoing appropriation items 019403, Multi-County: State	134293
Share, and 019601, Multi-County: County Share, shall be used to	134294
support the Office of the Ohio Public Defender's Multi-County	134295
Branch Office Program.	134296

TRAINING ACCOUNT

134297

The foregoing appropriation item 019405, Training Account,	134298
shall be used by the Ohio Public Defender to provide legal	134299
training programs at no cost for private appointed counsel who	134300
represent at least one indigent defendant at no cost and for state	134301
and county public defenders and attorneys who contract with the	134302
Ohio Public Defender to provide indigent defense services.	134303

FEDERAL REPRESENTATION

134304

The foregoing appropriation item 019608, Federal	134305
Representation, shall be used to receive reimbursements from the	134306
federal courts when the Ohio Public Defender provides	134307
representation in federal court cases and to support	134308
representation in such cases.	134309

Section 363.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

134310

General Services Fund Group	134311

5F60	870622	Utility and Railroad Regulation	$	34,455,627	$	34,455,627	134312
5F60	870624	NARUC/NRRI Subsidy	$	158,000	$	158,000	134313
5F60	870625	Motor Transportation Regulation	$	6,071,829	$	6,071,829	134314
5Q50	870626	Telecommunications Relay Service	$	5,000,000	$	5,000,000	134315
TOTAL GSF General Services							134316
Fund Group			$	45,685,456	$	45,685,456	134317

Federal Special Revenue Fund Group	134318

3330	870601	Gas Pipeline Safety	$	597,959	$	597,959	134319
3500	870608	Motor Carrier Safety	$	7,351,660	$	7,351,660	134320
3V30	870604	Commercial Vehicle Information Systems/Networks	$	100,000	$	100,000	134321
TOTAL FED Federal Special Revenue							134322
Fund Group			$	8,049,619	$	8,049,619	134323

State Special Revenue Fund Group	134324

4A30	870614	Grade Crossing Protection Devices-State	$	1,349,757	$	1,349,757	134325
4L80	870617	Pipeline Safety-State	$	187,621	$	187,621	134326
4S60	870618	Hazardous Material Registration	$	464,325	$	464,325	134327
4S60	870621	Hazardous Materials Base State Registration	$	373,346	$	373,346	134328
4U80	870620	Civil Forfeitures	$	284,986	$	284,986	134329
5590	870605	Public Utilities Territorial Administration	$	4,000	$	4,000	134330
5600	870607	Special Assessment	$	100,000	$	100,000	134331
5610	870606	Power Siting Board	$	647,893	$	647,893	134332
5BP0	870623	Wireless 9-1-1 Administration	$	34,417,000	$	36,443,000	134333
6380	870611	Biofuels/Municipal Waste Technology	$	40,000	$	40,000	134334
6610	870612	Hazardous Materials Transportation	$	900,000	$	900,000	134335
TOTAL SSR State Special Revenue							134336
Fund Group			$	38,768,928	$	40,794,928	134337
TOTAL ALL BUDGET FUND GROUPS			$	92,504,003	$	94,530,003	134338

Section 365.10. PWC PUBLIC WORKS COMMISSION

134340

General Revenue Fund	134341

GRF	150904	Conservation General Obligation Debt Service	$	20,252,100	$	25,225,900	134342
GRF	150907	State Capital Improvements	$	118,011,500	$	130,569,700	134343
		General Obligation Debt Service					134344
TOTAL GRF General Revenue Fund			$	138,263,600	$	155,795,600	134345

Clean Ohio Conservation Fund Group	134346

7056	150403		Clean Ohio Operating Expenses		$	304,332		$	311,509		134347
TOTAL 056 Clean Ohio Conservation Fund Group					$	304,332		$	311,509		134348

Local Infrastructure Improvements Fund Group	134349

7039	150909	Local Infrastructure Development	$	261,027	$	269,555	134350
TOTAL LIF Local Infrastructure Improvements Fund Group			$	261,027	$	269,555	134351
TOTAL ALL BUDGET FUND GROUPS			$	138,828,959	$	156,376,664	134352

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

134353

The foregoing appropriation item 150904, Conservation General	134354
Obligation Debt Service, shall be used to pay all debt service and	134355
related financing costs during the period from July 1, 2009,	134356
through June 30, 2011, at the times they are required to be made	134357
for obligations issued under sections 151.01 and 151.09 of the	134358
Revised Code.	134359

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

134360

The foregoing appropriation item 150907, State Capital	134361
Improvements General Obligation Debt Service, shall be used to pay	134362
all debt service and related financing costs during the period	134363
from July 1, 2009, to June 30, 2011, at the times they are	134364
required to be made for obligations issued under sections 151.01	134365
and 151.08 of the Revised Code.	134366

CLEAN OHIO OPERATING EXPENSES

134367

The foregoing appropriation item 150403, Clean Ohio	134368
Operating Expenses, shall be used by the Ohio Public Works	134369
Commission in administering sections 164.20 to 164.27 of the	134370
Revised Code.	134371

REIMBURSEMENT TO THE GENERAL REVENUE FUND

134372

(A) On or before July 15, 2011, the Director of the Public	134373
Works Commission shall certify to the Director of Budget and	134374
Management the following:	134375

(1) The total amount disbursed from appropriation item	134376
700409, Farmland Preservation, during the FY 2010-FY 2011	134377
biennium; and	134378

(2) The amount of interest earnings that have been credited	134379
to the Clean Ohio Conservation Fund (Fund 7056) that are in excess	134380
of the amount needed for other purposes as calculated by the	134381
Director of the Public Works Commission.	134382

(B) If the Director of Budget and Management determines under	134383
division (A)(2) of this section that there are excess interest	134384
earnings, the Director of Budget and Management shall, on or	134385
before July 15, 2011, transfer the excess interest earnings to the	134386
General Revenue Fund in an amount equal to the total amount	134387
disbursed under division (A)(1) of this section from the Clean	134388
Ohio Conservation Fund.	134389

Section 367.10. RAC STATE RACING COMMISSION

134390

State Special Revenue Fund Group	134391

5620	875601	Thoroughbred Race Fund	$	2,300,000	$	2,300,000	134392
5630	875602	Standardbred Development Fund	$	1,900,000	$	1,900,000	134393
5640	875603	Quarter Horse Development Fund	$	1,000	$	1,000	134394
5650	875604	Racing Commission Operating	$	3,742,342	$	3,758,818	134395
5C40	875607	Simulcast Horse Racing Purse	$	14,000,000	$	14,000,000	134396
TOTAL SSR State Special Revenue							134397
Fund Group			$	21,943,342	$	21,959,818	134398

Holding Account Redistribution Fund Group	134399

R021	875605	Bond Reimbursements	$	145,000	$	145,000	134400
TOTAL 090 Holding Account Redistribution							134401
Fund Group			$	145,000	$	145,000	134402
TOTAL ALL BUDGET FUND GROUPS			$	22,088,342	$	22,104,818	134403

Section 371.10. BOR BOARD OF REGENTS

134405

General Revenue Fund	134406

GRF	235321	Operating Expenses	$	2,366,640	$	2,366,640	134407
GRF	235401	Lease Rental Payments	$	124,461,100	$	107,897,100	134408
GRF	235402	Sea Grants	$	300,000	$	300,000	134409
GRF	235406	Articulation and Transfer	$	2,531,700	$	2,531,700	134410
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	134411
GRF	235409	Information System	$	937,800	$	937,800	134412
GRF	235414	State Grants and Scholarship Administration	$	1,414,366	$	1,414,366	134413
GRF	235417	Ohio Learning Network	$	2,723,320	$	2,723,320	134414
GRF	235428	Appalachian New Economy Partnership	$	819,295	$	819,295	134415
GRF	235433	Economic Growth Challenge	$	511,715	$	511,715	134416
GRF	235438	Choose Ohio First Scholarship	$	12,927,304	$	15,845,591	134417
GRF	235442	Teacher Fellowship	$	0	$	2,500,000	134418
GRF	235443	Adult Basic and Literacy Education - State	$	7,302,416	$	7,302,416	134419
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,317,549	$	15,317,547	134420
GRF	235474	Area Health Education Centers Program Support	$	1,059,078	$	1,059,078	134421
GRF	235501	State Share of Instruction	$	1,677,708,351	$	1,689,554,971	134422
GRF	235502	Student Support Services	$	692,974	$	692,974	134423
GRF	235504	War Orphans Scholarships	$	4,331,089	$	4,331,089	134424
GRF	235507	OhioLINK	$	6,433,313	$	6,433,313	134425
GRF	235508	Air Force Institute of Technology	$	1,785,439	$	1,785,439	134426
GRF	235510	Ohio Supercomputer Center	$	3,719,354	$	3,719,354	134427
GRF	235511	Cooperative Extension Service	$	23,518,608	$	22,467,678	134428
GRF	235513	Ohio University Voinovich School	$	326,000	$	326,000	134429
GRF	235514	Central State Supplement	$	12,109,106	$	12,109,106	134430
GRF	235515	Case Western Reserve University School of Medicine	$	2,525,003	$	2,525,003	134431
GRF	235519	Family Practice	$	3,724,923	$	3,724,923	134432
GRF	235520	Shawnee State Supplement	$	2,577,393	$	2,577,393	134433
GRF	235521	The Ohio State University John Glenn School of Public Affairs	$	277,500	$	277,500	134434
GRF	235524	Police and Fire Protection	$	119,793	$	119,793	134435
GRF	235525	Geriatric Medicine	$	614,295	$	614,295	134436
GRF	235526	Primary Care Residencies	$	1,839,083	$	1,839,083	134437
GRF	235535	Ohio Agricultural Research and Development Center	$	34,000,000	$	34,000,000	134438
GRF	235536	The Ohio State University Clinical Teaching	$	11,375,225	$	11,375,225	134439
GRF	235537	University of Cincinnati Clinical Teaching	$	9,355,968	$	9,355,968	134440
GRF	235538	University of Toledo Clinical Teaching	$	7,292,471	$	7,292,471	134441
GRF	235539	Wright State University Clinical Teaching	$	3,542,823	$	3,542,823	134442
GRF	235540	Ohio University Clinical Teaching	$	3,424,956	$	3,424,956	134443
GRF	235541	Northeastern Ohio Universities College of Medicine Clinical Teaching	$	3,522,563	$	3,522,563	134444
GRF	235552	Capital Component	$	20,382,568	$	20,382,568	134445
GRF	235555	Library Depositories	$	1,477,274	$	1,477,274	134446
GRF	235556	Ohio Academic Resources Network	$	3,253,866	$	3,253,866	134447
GRF	235558	Long-term Care Research	$	217,000	$	217,000	134448
GRF	235563	Ohio College Opportunity Grant	$	95,000,000	$	76,000,000	134449
GRF	235567	Central State University Speed to Scale	$	1,775,254	$	0	134450
GRF	235572	The Ohio State University Clinic Support	$	901,703	$	901,703	134451
GRF	235579	Bliss Institute	$	257,474	$	257,474	134452
GRF	235596	Hazardous Materials Program	$	373,858	$	373,858	134453
GRF	235599	National Guard Scholarship Program	$	14,912,271	$	14,912,271	134454
GRF	235644	State Share of Instruction - Federal Stimulus - Education	$	309,874,026	$	308,802,662	134455
GRF	235909	Higher Education General Obligation Debt Service	$	105,392,500	$	86,937,900	134456
TOTAL GRF General Revenue Fund			$	2,541,401,307	$	2,500,750,064	134457

General Services Fund Group	134458

2200	235614	Program Approval and Reauthorization	$	1,000,000	$	1,000,000	134459
4560	235603	Sales and Services	$	200,000	$	200,000	134460
TOTAL GSF General Services							134461
Fund Group			$	1,200,000	$	1,200,000	134462

Federal Special Revenue Fund Group	134463

3120	235609	Tech Prep	$	183,849	$	183,849	134464
3120	235611	Gear-up Grant	$	3,900,000	$	3,900,000	134465
3120	235612	Carl D. Perkins Grant/Plan Administration	$	912,961	$	912,961	134466
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	134467
3120	235641	Adult Basic Literacy Education - Federal	$	17,869,546	$	17,869,546	134468
3BE0	235636	Adult Education and Family Literacy Act Incentive Grant	$	1,783,583	$	1,783,583	134469
3BG0	235626	Star Schools	$	250,000	$	0	134470
3H20	235608	Human Services Project	$	3,500,000	$	3,500,000	134471
3N60	235605	State Student Incentive Grants	$	2,533,339	$	2,533,339	134472
3N60	235638	College Access Challenge Grant	$	2,268,044	$	2,268,044	134473
TOTAL FED Federal Special Revenue							134474
Fund Group			$	36,401,322	$	36,151,322	134475

State Special Revenue Fund Group	134476

4E80	235602	Higher Educational Facility Commission Administration	$	30,000	$	30,000	134477
6490	235607	The Ohio State University Highway/Transportation Research	$	500,000	$	500,000	134478
6820	235606	Nursing Loan Program	$	893,000	$	893,000	134479
TOTAL SSR State Special Revenue							134480
Fund Group			$	1,423,000	$	1,423,000	134481

Third Frontier Research & Development Fund Group	134482

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	134483
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	134484
TOTAL ALL BUDGET FUND GROUPS			$	2,588,425,629	$	2,547,524,386	134485

Section 371.10.10. LEASE RENTAL PAYMENTS

134487

The foregoing appropriation item 235401, Lease Rental	134488
Payments, shall be used to meet all payments at the times they are	134489
required to be made during the period from July 1, 2009, to June	134490
30, 2011, by the Chancellor of the Board of Regents under leases	134491
and agreements made under section 154.21 of the Revised Code.	134492
These appropriations are the source of funds pledged for bond	134493
service charges or obligations issued pursuant to Chapter 154. of	134494
the Revised Code.	134495

Section 371.10.15. SEA GRANTS

134496

The foregoing appropriation item 235402, Sea Grants, shall be	134497
disbursed to The Ohio State University and shall be used to	134498
conduct research on fish in Lake Erie.	134499

Section 371.10.20. ARTICULATION AND TRANSFER

134500

The foregoing appropriation item 235406, Articulation and	134501
Transfer, shall be used by the Chancellor of the Board of Regents	134502
to maintain and expand the work of the Articulation and Transfer	134503
Council to develop a system of transfer policies to ensure that	134504
students at state institutions of higher education can transfer	134505
and have coursework apply to their majors and degrees at any	134506
other state institution of higher education without unnecessary	134507
duplication or institutional barriers under sections 3333.16,	134508
3333.161, and 3333.162 of the Revised Code.	134509

Section 371.10.30. MIDWEST HIGHER EDUCATION COMPACT

134510

The foregoing appropriation item 235408, Midwest Higher	134511
Education Compact, shall be distributed by the Chancellor of the	134512
Board of Regents under section 3333.40 of the Revised Code.	134513

Section 371.10.40. INFORMATION SYSTEM

134514

The foregoing appropriation item 235409, Information System,	134515
shall be used by the Chancellor of the Board of Regents to support	134516
the development and implementation of information technology	134517
solutions designed to improve the performance and services of the	134518
Chancellor of the Board of Regents and the University System of	134519
Ohio. Information technology solutions shall be provided by the	134520
Ohio Academic Research Network (OARnet).	134521

Section 371.10.50. STATE GRANTS AND SCHOLARSHIP	134522
ADMINISTRATION	134523

The foregoing appropriation item 235414, State Grants and	134524
Scholarship Administration, shall be used by the Chancellor of the	134525
Board of Regents to administer the following student financial	134526
aid programs: Ohio College Opportunity Grant, Ohio War Orphans'	134527
Scholarship, Nurse Education Assistance Loan Program, Ohio Safety	134528
Officers College Memorial Fund, and any other student financial	134529
aid programs created by the General Assembly. The appropriation	134530
item also shall be used to administer the federal Leveraging	134531
Educational Assistance Partnership (LEAP) program, Special	134532
Leveraging Educational Assistance Partnership (SLEAP) program,	134533
the federal College Access Challenge Grant (CACG), and other	134534
student financial aid programs created by Congress and to	134535
provide fiscal services for the Ohio National Guard Scholarship	134536
Program.	134537

Section 371.10.70. OHIO LEARNING NETWORK

134538

The foregoing appropriation item 235417, Ohio Learning	134539
Network, shall be used by the Chancellor of the Board of Regents	134540
to support the continued implementation of the Ohio Learning	134541
Network, a consortium organized under division (U) of section	134542
3333.04 of the Revised Code to expand access to adult and higher	134543
education opportunities through technology. The funds shall be	134544
used by the Ohio Learning Network to develop and promote learning	134545
and assessment through the use of technology, to test and provide	134546
advice on emerging learning-directed technologies, and to	134547
facilitate cost-effectiveness through shared educational	134548
technology investments.	134549

Section 371.10.80. APPALACHIAN NEW ECONOMY PARTNERSHIP

134550

The foregoing appropriation item 235428, Appalachian New	134551
Economy Partnership, shall be distributed to Ohio University to	134552
continue a multi-campus and multi-agency coordinated effort to	134553
link Appalachia to the new economy. Ohio University shall use	134554
these funds to provide leadership in the development and	134555
implementation of initiatives in the areas of entrepreneurship,	134556
management, education, and technology.	134557

Section 371.10.83. ECONOMIC GROWTH CHALLENGE

134558

The foregoing appropriation item 235433, Economic Growth	134559
Challenge, shall be used for administrative expenses of the	134560
Research Incentive Program and other economic advancement	134561
initiatives undertaken by the Chancellor of the Board of Regents.	134562

The Chancellor of the Board of Regents shall use any	134563
appropriation transfer to the foregoing appropriation item 235433,	134564
Economic Growth Challenge, to enhance the basic research	134565
capabilities of public colleges and universities and accredited	134566
Ohio institutions of higher education holding certificates of	134567
authorization issued under section 1713.02 of the Revised Code, in	134568
order to strengthen academic research for pursuing Ohio's economic	134569
development goals. The Chancellor shall give priority	134570
consideration to projects that are eligible to receive federal	134571
stimulus funds.	134572

Section 371.20.10. CHOOSE OHIO FIRST SCHOLARSHIP

134573

The foregoing appropriation item 235438, Choose Ohio First	134574
Scholarship, shall be used to operate the program prescribed in	134575
sections 3333.60 to 3333.70 of the Revised Code. Amounts	134576
disbursed to institutions shall be paid on a reimbursement basis.	134577

An amount equal to the unexpended, unencumbered portion of	134578
the foregoing appropriation item 235438, Choose Ohio First	134579
Scholarship, at the end of fiscal year 2010 is hereby	134580
reappropriated to the Board of Regents for the same purpose for	134581
fiscal year 2011.	134582

Section 371.20.30. ADULT BASIC AND LITERACY EDUCATION

134583

Except as provided in the Sections of this act entitled	134584
"Statewide Workforce Development Initiatives" and "Fiscal Year	134585
2011 Plan for Adult Workforce Training Programs", the foregoing	134586
appropriation item 235443, Adult Basic and Literacy Education -	134587
State, shall be used to support adult basic and literacy education	134588
instructional programs and for the operation of an adult basic and	134589
literacy education instructional grant program. The supported	134590
programs shall satisfy the state match and maintenance of effort	134591
requirements for the state-administered grant program.	134592

Of the foregoing appropriation item 235443, Adult Basic and	134593
Literacy Education - State, up to $507,558 in fiscal year 2010	134594
shall be used for the support and operation of the State Literacy	134595
Resource Center Program.	134596

On or before August 31, 2009, the Chancellor of the Board of	134597
Regents shall submit a funding formula to the Controlling Board	134598
for the allocation of the foregoing appropriation item 235443,	134599
Adult Basic and Literacy Education - State, in fiscal year 2010.	134600

Section 371.20.40. POST-SECONDARY ADULT CAREER-TECHNICAL	134601
EDUCATION	134602

Except as provided in the Sections of this act entitled	134603
"Statewide Workforce Development Initiatives" and "Fiscal Year	134604
2011 Plan for Adult Workforce Training Programs", the foregoing	134605
appropriation item 235444, Post-Secondary Adult Career-Technical	134606
Education, shall be used by the Chancellor of the Board of Regents	134607
in each fiscal year to provide post-secondary adult	134608
career-technical education under sections 3313.52 and 3313.53 of	134609
the Revised Code.	134610

On or before August 31, 2009, the Chancellor of the Board of	134611
Regents shall submit a funding formula to the Controlling Board	134612
for the allocation of funds in fiscal year 2010.	134613

Section 371.20.50. STATEWIDE WORKFORCE DEVELOPMENT	134614
INITIATIVES	134615

The Chancellor may identify amounts of the foregoing	134616
appropriation items 235443, Adult Basic and Literacy Education -	134617
State, and 235444, Post-Secondary Adult Career-Technical	134618
Education, to be used to support the Ohio Skills Bank Program and	134619
the Stackable Certificates Program. The Ohio Skills Bank Program	134620
seeks to align the education of Ohio's workforce with industry	134621
needs. The Stackable Certificates Program consists of	134622
competency-based, low-cost, noncredit and credit-bearing modules	134623
and courses in communications, mathematics, information	134624
technology, and other fields selected by the Chancellor. The	134625
program culminates in a certificate and provides recipients with	134626
a foundation for additional post-secondary education.	134627

Section 371.20.60. FISCAL YEAR 2011 PLAN FOR ADULT WORKFORCE	134628
TRAINING PROGRAMS	134629

Notwithstanding the Sections of this act entitled "Adult	134630
Basic and Literacy Education," and "Post-Secondary Adult	134631
Career-Technical Education," not later than June 1, 2010, the	134632
Chancellor of the Board of Regents shall submit for approval of	134633
the Controlling Board a plan for the integration of funding	134634
support for the state's adult workforce training and development	134635
programs, beginning in fiscal year 2011. Funding support in the	134636
plan shall include appropriation items 235443, Adult Basic and	134637
Literacy Education - State, and 235444, Post-Secondary Adult	134638
Career-Technical Education.	134639

The plan shall clearly define the formulas, or competitive	134640
process, to be used for funding the activities of adult basic and	134641
literacy education program providers, state literacy resource	134642
centers, post-secondary adult career-technical education	134643
providers, and community colleges. The plan may propose the	134644
creation of new appropriation items as necessary to support its	134645
implementation.	134646

Section 371.20.70. AREA HEALTH EDUCATION CENTERS

134647

The foregoing appropriation item 235474, Area Health	134648
Education Centers Program Support, shall be used by the Chancellor	134649
of the Board of Regents to support the medical school regional	134650
area health education centers' educational programs for the	134651
continued support of medical and other health professions	134652
education and for support of the Area Health Education Center	134653
Program.	134654

Section 371.20.80. STATE SHARE OF INSTRUCTION FORMULAS

134655

The Chancellor of the Board of Regents shall establish	134656
procedures to allocate the foregoing appropriation items 235501,	134657
State Share of Instruction, and 235644, State Share of	134658
Instruction - Federal Stimulus - Education, based on the	134659
formulas, enrollment, course completion, degree attainment, and	134660
student access factors in the instructional models set out in	134661
this section.	134662

The foregoing appropriation items 235501, State Share of	134663
Instruction, and 235644, State Share of Instruction – Federal	134664
Stimulus – Education, shall be combined for the purposes of	134665
allocating the state share of instruction subsidy.	134666

(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COMPLETIONS

134667

(1) As soon as possible during each fiscal year of the	134668
biennium ending June 30, 2011, in accordance with instructions of	134669
the Board of Regents, each state-assisted institution of higher	134670
education shall report its actual enrollment, consistent with the	134671
definitions in the Higher Education Information (HEI) system's	134672
enrollment files, to the Chancellor of the Board of Regents.	134673

(2) In defining the number of full-time equivalent students	134674
for state subsidy purposes, the Chancellor of the Board of Regents	134675
shall exclude all undergraduate students who are not residents of	134676
Ohio, except those charged in-state fees in accordance with	134677
reciprocity agreements made under section 3333.17 of the Revised	134678
Code or employer contracts entered into under section 3333.32 of	134679
the Revised Code.	134680

(3) In calculating the core subsidy entitlements for	134681
university branch and main campuses, the Chancellor of the Board	134682
of Regents shall use the following count of FTE students:	134683

(a) The subsidy eligible enrollments by model shall equal	134684
only those FTE students who successfully complete the course as	134685
defined and reported through the Higher Education Information	134686
(HEI) system course enrollment file;	134687

(b) For those FTE students with successful course	134688
completions, identified in division (3)(a) of this section,	134689
completions that were achieved by a student that was eligible to	134690
receive Ohio need-based financial aid shall have their enrollments	134691
weighted by the following:	134692

(i) Campus-specific course completion rates by discipline	134693
area and level; and	134694

(ii) A statewide average OIG/OCOG course completion weight	134695
determined for each discipline area and level. The statewide	134696
average OIG/OCOG course completion weight shall be determined by	134697
calculating the difference between the percentage of traditional	134698
students who complete a course and the percentage of Ohio	134699
Instructional Grant and Ohio College Opportunity Grant recipients	134700
who complete the same course.	134701

(4) In calculating the core subsidy entitlements for Medical	134702
II models only, the Board of Regents shall use the following count	134703
of FTE students:	134704

(a) For those medical schools whose current year enrollment,	134705
including students repeating terms, is below the base enrollment,	134706
the Medical II FTE enrollment shall equal: 65 per cent of the base	134707
enrollment plus 35 per cent of the current year enrollment	134708
including students repeating terms, where the base enrollment is:	134709

The Ohio State University	1010	134710
University of Cincinnati	833	134711
University of Toledo	650	134712
Wright State University	433	134713
Ohio University	433	134714
Northeastern Ohio Universities College of Medicine	433	134715

(b) For those medical schools whose current year enrollment,	134716
excluding students repeating terms, is equal to or greater than	134717
the base enrollment, the Medical II FTE enrollment shall equal the	134718
base enrollment plus the FTE for repeating students.	134719

(c) Students repeating terms may be no more than five per	134720
cent of current year enrollment.	134721

(5) The state share of instruction to state-supported	134722
universities for students enrolled in law schools in fiscal year	134723
2010 and fiscal year 2011 shall be calculated by using the number	134724
of subsidy-eligible FTE law school students funded by state	134725
subsidy in fiscal year 1995 or the actual number of	134726
subsidy-eligible FTE law school students at the institution in the	134727
fiscal year, whichever is less.	134728

(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT

134729

For purposes of calculating state share of instruction	134730
allocations, the total instructional costs per full-time	134731
equivalent student shall be:	134732

Model	Fiscal Year 2010	Fiscal Year 2011	134733
ARTS AND HUMANITIES 1	$7,658	$7,891	134734
ARTS AND HUMANITIES 2	$10,117	$10,425	134735
ARTS AND HUMANITIES 3	$13,067	$13,464	134736
ARTS AND HUMANITIES 4	$19,194	$19,778	134737
ARTS AND HUMANITIES 5	$29,994	$30,906	134738
ARTS AND HUMANITIES 6	$35,991	$37,085	134739
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	$6,732	$6,937	134740
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	$7,803	$8,041	134741
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	$9,619	$9,911	134742
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	$11,607	$11,959	134743
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	$18,044	$18,592	134744
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	$22,615	$23,303	134745
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	$27,528	$28,365	134746
MEDICAL 1	$47,494	$48,938	134747
MEDICAL 2	$45,420	$46,801	134748
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	$6,943	$7,154	134749
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	$9,792	$10,090	134750
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	$11,963	$12,327	134751
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	$15,282	$15,747	134752
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	$19,471	$20,063	134753
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	$21,771	$22,433	134754
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	$27,906	$28,755	134755
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	$36,547	$37,658	134756
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	$51,283	$52,842	134757

Doctoral I and Doctoral II models shall be allocated in	134758
accordance with division (D)(2) of this section.	134759

(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,	134760
AND GRADUATE WEIGHTS	134761

For the purpose of implementing the recommendations of the	134762
State Share of Instruction Consultation and the Higher Education	134763
Funding Study Council that priority be given to maintaining state	134764
support for science, technology, engineering, mathematics,	134765
medicine, and graduate programs, the costs in division (B) of this	134766
section shall be weighted by the amounts provided below:	134767

Model	Fiscal Year 2010	Fiscal Year 2011	134768
ARTS AND HUMANITIES 1	1.0000	1.0000	134769
ARTS AND HUMANITIES 2	1.0000	1.0000	134770
ARTS AND HUMANITIES 3	1.0000	1.0000	134771
ARTS AND HUMANITIES 4	1.0000	1.0000	134772
ARTS AND HUMANITIES 5	1.0425	1.0425	134773
ARTS AND HUMANITIES 6	1.0425	1.0425	134774
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	1.0000	1.0000	134775
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	1.0000	1.0000	134776
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	1.0000	1.0000	134777
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	1.0000	1.0000	134778
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	1.0425	1.0425	134779
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	1.0425	1.0425	134780
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	1.0425	1.0425	134781
MEDICAL 1	1.6456	1.6456	134782
MEDICAL 2	1.7462	1.7462	134783
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	1.0000	1.0000	134784
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	1.0017	1.0017	134785
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	1.6150	1.6150	134786
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	1.6920	1.6920	134787
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	1.4222	1.4222	134788
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	1.8798	1.8798	134789
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	1.4380	1.4380	134790
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	1.5675	1.5675	134791
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	1.1361	1.1361	134792

(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA	134793
ENTITLEMENTS AND ADJUSTMENTS	134794

(1) Of the foregoing appropriation items 235501, State Share	134795
of Instruction, and 235644, State Share of Instruction - Federal	134796
Stimulus - Education, 5 per cent of the appropriation for	134797
state-supported community colleges, state community colleges, and	134798
technical colleges in fiscal year 2011 shall be allocated to	134799
colleges in proportion to their share of college student success	134800
factors. In fiscal year 2011, student success factors shall	134801
include all measureable student outcomes that contribute to	134802
student achievement as determined by the Chancellor of the Board	134803
of Regents based on the recommendation of the consultation	134804
created in the Section of this act entitled "Studies to	134805
Determine Weights for Fiscal Year 2011 State Share of	134806
Instruction Formula."	134807

(2) Of the foregoing appropriation items 235501, State Share	134808
of Instruction, and 235644, State Share of Instruction - Federal	134809
Stimulus - Education, up to 12.89 per cent of the appropriation	134810
for university main campuses in each fiscal year shall be	134811
reserved for support of doctoral programs to implement the	134812
funding recommendations made by representatives of the	134813
universities. The amount so reserved shall be referred to as	134814
the doctoral set-aside.	134815

The doctoral set-aside shall be allocated to universities as	134816
follows:	134817

(a) 90 per cent of the doctoral set-aside in fiscal year 2010	134818
and 80 per cent of the doctoral set-aside in fiscal year 2011	134819
shall be allocated to universities in proportion to their share of	134820
the total number of Doctoral I equivalent FTEs as calculated on an	134821
institutional basis using the greater of the two-year or five-year	134822
FTEs for the period fiscal year 1994 through fiscal year 1998 with	134823
annualized FTEs for fiscal years 1994 through 1997 and all-term	134824
FTEs for fiscal year 1998 as adjusted to reflect the effects of	134825
doctoral review and subsequent changes in Doctoral I equivalent	134826
enrollments. For the purposes of this calculation, Doctoral I	134827
equivalent FTEs shall equal the sum of Doctoral I FTEs plus 1.5	134828
times the sum of Doctoral II FTEs.	134829

(b) 5 per cent of the doctoral set-aside in fiscal year 2010	134830
and 10 per cent of the doctoral set-aside in fiscal year 2011	134831
shall be allocated to universities in proportion to each campus's	134832
share of the total statewide doctoral degrees, weighted by the	134833
cost of the doctoral discipline. In calculating each campus's	134834
doctoral degrees the Chancellor of the Board of Regents shall use	134835
the three-year average doctoral degrees awarded for the three-year	134836
period ending in the prior year.	134837

(c) 2.5 per cent of the doctoral set-aside in fiscal year	134838
2010 and 5 per cent of the doctoral set-aside in fiscal year 2011	134839
shall be allocated to universities in proportion to their share of	134840
research grant activity, using data collected and published by the	134841
National Science Foundation. Grant awards from the National Health	134842
Institute shall be weighted at 50 per cent.	134843

(d) 2.5 per cent of the doctoral set-aside in fiscal year	134844
2010 and 5 per cent of the doctoral set-aside in fiscal year 2011	134845
shall be allocated to universities based on other quality measures	134846
that contribute to the advancement of the Chancellor's strategic	134847
plan. These other quality measures shall be identified by the	134848
Chancellor in consultation with universities. If for any reason	134849
metrics for distributing the quality component of the doctoral	134850
set-aside are not identified prior to the fiscal year allocation	134851
process, this portion of the doctoral set-aside funds shall be	134852
allocated to universities based on division (D)(2)(a) of this	134853
section.	134854

(3) Of the foregoing appropriation items 235501, State Share	134855
of Instruction, and 235644, State Share of Instruction - Federal	134856
Stimulus - Education, 6.96 per cent of the appropriation for	134857
university main campuses in each fiscal year shall be reserved	134858
for support of Medical II FTEs. The amount so reserved shall be	134859
referred to as the medical II set-aside.	134860

The medical II set-aside shall be allocated to universities	134861
in proportion to their share of the total number of Medical II	134862
FTEs as calculated in division (A) of this section, weighted by	134863
model cost.	134864

(4) Of the foregoing appropriation items 235501, State Share	134865
of Instruction, and 235644, State Share of Instruction - Federal	134866
Stimulus - Education, 1.61 per cent of the appropriation for	134867
university main campuses in each fiscal year shall be reserved	134868
for support of Medical I FTEs. The amount so reserved shall be	134869
referred to as the medical I set-aside.	134870

The medical I set-aside shall be allocated to universities in	134871
proportion to their share of the total number of Medical I FTEs as	134872
calculated in division (A) of this section.	134873

(5) Of the foregoing appropriation items 235501, State Share	134874
of Instruction, and 235644, State Share of Instruction - Federal	134875
Stimulus - Education, 5 per cent of the fiscal year 2010	134876
appropriation for university main campuses and 10 per cent of	134877
the fiscal year 2011 appropriation for university main campuses	134878
shall be reserved for support of associate, baccalaureate,	134879
master's, and professional level degree attainment.	134880

The degree attainment funding shall be allocated to	134881
universities in proportion to each campus's share of the total	134882
statewide degrees granted, weighted by the cost of the degree	134883
programs.	134884

In calculating the subsidy entitlements for degree attainment	134885
at university main campuses, the Chancellor of the Board of	134886
Regents shall use the following count of degrees and degree costs:	134887

(a) For those associate degrees awarded by a state-supported	134888
university, the subsidy eligible degrees granted are defined as	134889
only those earned by students attending a university that received	134890
funding under GRF appropriation item 235418, Access Challenge, in	134891
fiscal year 2009.	134892

In calculating each campus's count of degrees, the Chancellor	134893
of the Board of Regents shall use the three-year average	134894
associate, baccalaureate, master's, and professional degrees	134895
awarded for the three-year period ending in the prior year.	134896

Eligible associate degrees defined in division (D)(5)(a) of	134897
this section and all bachelor's degrees earned by a student that	134898
was eligible to receive Ohio need-based financial aid shall have	134899
their associates degree cost weighted by a statewide OIG/OCOG	134900
degree completion weight.	134901

The statewide average OIG/OCOG degree completion weight shall	134902
be determined by calculating the difference between the percentage	134903
of traditional students who earned a degree and the percentage of	134904
Ohio Instructional Grant and Ohio College Opportunity Grant	134905
recipients who earned a degree during the same time period.	134906

(6) Each campus's state share of instruction base formula	134907
earnings shall be determined as follows:	134908

(a) For each campus in each fiscal year, the instructional	134909
costs shall be determined by multiplying the amounts listed above	134910
in divisions (B) and (C) of this section by (i) average	134911
subsidy-eligible FTEs for the two-year period ending in the prior	134912
year for all models except Doctoral I and Doctoral II; and (ii)	134913
average subsidy-eligible FTEs for the five-year period ending in	134914
the prior year for all models except Doctoral I and Doctoral II.	134915

(b) The Chancellor of the Board of Regents shall compute the	134916
two calculations listed in division (D)(6)(a) of this section and	134917
use the greater amount as each campus's instructional costs.	134918

(c) The Chancellor of the Board of Regents shall compute a	134919
uniform state share of instructional costs for each sector.	134920

(i) For the state supported community colleges, state	134921
community colleges, and technical colleges, the Chancellor of the	134922
Board of Regents shall compute the uniform state share of	134923
institutional costs by dividing the earmark in division (C)(1) of	134924
Section 371.20.90 of this act, less the student college success	134925
allocation as described in division (D)(1) of this section, by the	134926
sum of all eligible campuses' instructional costs as calculated in	134927
division (D)(6)(b) of this section.	134928

(ii) For the state supported university branch campuses, the	134929
Chancellor of the Board of Regents shall compute the uniform state	134930
share of institutional costs by dividing the earmark in division	134931
(C)(2) of Section 371.20.90 of this act by the sum of all	134932
campuses' instructional costs as calculated in division (D)(6)(b)	134933
of this section.	134934

(iii) For the state supported university main campuses, the	134935
Chancellor of the Board of Regents shall compute the uniform state	134936
share of institutional costs by dividing the earmark in division	134937
(C)(3) of Section 371.20.90 of this act, less the doctoral	134938
set-aside, less the medical I set-aside, less the medical II	134939
set-aside, and less the degree attainment funding as calculated in	134940
divisions (D)(2) to (5) of this section, by the sum of all	134941
campuses' instructional costs as calculated in division (D)(6)(b)	134942
of this section.	134943

(d) The formula entitlement for each sector's campuses shall	134944
be determined by multiplying the uniform state share of costs	134945
calculated in division (D)(6)(c) of this section by the campus's	134946
instructional cost determined in division (D)(6)(b) of this	134947
section.	134948

(7) In addition to the student success allocation, doctoral	134949
set-aside, medical I set-aside, medical II set-aside, and the	134950
degree attainment allocation determined in division (D)(1) to	134951
(D)(5) of this section and the formula entitlement determined in	134952
division (D)(6) of this section, an allocation based on	134953
facility-based plant operations and maintenance (POM) subsidy	134954
shall be made. For each eligible campus, the amount of the POM	134955
allocation in each fiscal year shall be distributed based on what	134956
each campus received in the fiscal year 2009 POM allocation.	134957

Any POM allocations required by this division shall be funded	134958
by proportionately reducing formula entitlement earnings,	134959
including the POM allocations, for all campuses in that sector.	134960

(8) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING

134961

In addition to and after the adjustments noted above, in	134962
fiscal year 2010, no campus shall receive a state share of	134963
instruction allocation that is less than 99 per cent of the prior	134964
year's combined state share of instruction, access challenge, and	134965
success challenge amounts. Funds shall be made available to	134966
support this allocation by proportionately reducing formula	134967
entitlement earnings from those campuses, within each sector,	134968
that are not receiving stability funding.	134969

In fiscal year 2011, in addition to and after the adjustments	134970
noted above, no campus shall receive a state share of instruction	134971
allocation that is less than 98 per cent of the prior year's	134972
combined state share of instruction, access challenge, and	134973
success challenge amounts. Funds shall be made available to	134974
support this allocation by proportionately reducing formula	134975
entitlement earnings from those campuses, within each sector, that	134976
do not receive stability funding.	134977

(9) CAPITAL COMPONENT DEDUCTION

134978

After all other adjustments have been made, state share of	134979
instruction earnings shall be reduced for each campus by the	134980
amount, if any, by which debt service charged in Am. H.B. 748 of	134981
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General	134982
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.	134983
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th	134984
General Assembly, and Am. Sub. H.B. 699 of the 126th General	134985
Assembly, Am. Sub. H.B. 496 of the 127th General Assembly, and Am.	134986
Sub. H.B. 562 of the 127th General Assembly for that campus	134987
exceeds that campus's capital component earnings. The sum of the	134988
amounts deducted shall be transferred to appropriation item	134989
235552, Capital Component, in each fiscal year.	134990

(E) EXCEPTIONAL CIRCUMSTANCES

134991

Adjustments may be made to the state share of instruction	134992
payments and other subsidies distributed by the Chancellor of the	134993
Board of Regents to state-assisted colleges and universities for	134994
exceptional circumstances. No adjustments for exceptional	134995
circumstances may be made without the recommendation of the	134996
Chancellor and the approval of the Controlling Board.	134997

(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	134998
INSTRUCTION	134999

The standard provisions of the state share of instruction	135000
calculation as described in the preceding sections of temporary	135001
law shall apply to any reductions made to appropriation items	135002
235501, State Share of Instruction, and 235644, State Share of	135003
Instruction - Federal Stimulus - Education, before the Board of	135004
Regents has formally approved the final allocation of the state	135005
share of instruction funds for any fiscal year.	135006

Any reductions made to appropriation items 235501, State	135007
Share of Instruction, and 235644, State Share of Instruction -	135008
Federal Stimulus - Education, after the Board of Regents has	135009
formally approved the final allocation of the state share of	135010
instruction funds for any fiscal year, shall be uniformly applied	135011
to each campus in proportion to its share of the final	135012
allocation.	135013

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

135014

The state share of instruction payments to the institutions	135015
shall be in substantially equal monthly amounts during the fiscal	135016
year, unless otherwise determined by the Director of Budget and	135017
Management pursuant to section 126.09 of the Revised Code.	135018
Payments during the first six months of the fiscal year shall be	135019
based upon the state share of instruction appropriation estimates	135020
made for the various institutions of higher education according to	135021
the Chancellor of the Board of Regents enrollment estimates.	135022
Payments during the last six months of the fiscal year shall be	135023
distributed after approval of the Controlling Board upon the	135024
request of the Board of Regents.	135025

Section 371.20.90. STATE SHARE OF INSTRUCTION FOR FISCAL	135026
YEARS 2010 AND 2011	135027

The boards of trustees of state-assisted institutions of	135028
higher education shall restrain increases in in-state	135029
undergraduate instructional and general fees. Each state-assisted	135030
institution shall not increase its in-state undergraduate	135031
instructional and general fees more than 3.5 per cent over what	135032
the institution charged for the preceding academic year.	135033

These limitations shall not apply to increases required to	135034
comply with institutional covenants related to their obligations	135035
or to meet unfunded legal mandates or legally binding obligations	135036
incurred or commitments made prior to the effective date of this	135037
section with respect to which the institution had identified such	135038
fee increases as the source of funds. Any increase required by	135039
such covenants and any such mandates, obligations, or commitments	135040
shall be reported by the Chancellor of the Board of Regents to the	135041
Controlling Board. These limitations may also be modified by the	135042
Chancellor of the Board of Regents, with the approval of the	135043
Controlling Board, to respond to exceptional circumstances as	135044
identified by the Chancellor of the Board of Regents.	135045

Of the combined appropriations of the foregoing	135046
appropriation items 235501, State Share of Instruction, and	135047
235644, State Share of Instruction - Federal Stimulus -	135048
Education, $60,996,059 in each fiscal year shall be distributed	135049
to eligible colleges and universities based on each campus's	135050
share of the appropriation item 235418, Access Challenge, in	135051
fiscal year 2009.	135052

Of the combined appropriations of the foregoing appropriation	135053
items 235501, State Share of Instruction, and 235644, State Share	135054
of Instruction - Federal Stimulus - Education, $10,323,056 in	135055
each fiscal year shall be distributed among state-supported	135056
community colleges, state community colleges, and technical	135057
colleges in an amount equal to the amount each institution	135058
received in fiscal year 2009 from the supplemental tuition	135059
subsidy earmarked under Section 375.30.25 of H.B. 119 of the	135060
127th General Assembly.	135061

(C) The remainder of the combined appropriations of	135062
appropriation items 235501, State Share of Instruction, and	135063
235644, State Share of Instruction - Federal Stimulus -	135064
Education, shall be distributed according to Section 371.20.80 of	135065
this act. Sector allocations shall be determined using the	135066
following earmarks in accordance with the tuition policy	135067
described in division (A) of this section.	135068

(1) Of the combined appropriations of the foregoing	135069
appropriation items 235501, State Share of Instruction, and	135070
235644, State Share of Instruction - Federal Stimulus -	135071
Education, $396,965,932 in fiscal year 2010 and $419,030,691 in	135072
fiscal year 2011 shall be distributed to state-supported	135073
community colleges, state community colleges, and technical	135074
colleges.	135075

(2) Of the combined appropriations of the foregoing	135076
appropriation items 235501, State Share of Instruction, and	135077
235644, State Share of Instruction - Federal Stimulus -	135078
Education, $125,682,220 in fiscal year 2010 and $129,739,380 in	135079
fiscal year 2011 shall be distributed to state-supported	135080
university branch campuses.	135081

(3) Of the combined appropriations of the foregoing	135082
appropriation items 235501, State Share of Instruction, and	135083
235644, State Share of Instruction - Federal Stimulus -	135084
Education, $1,481,570,810 in each fiscal year shall be	135085
distributed to state-supported university main campuses.	135086

(D) The state share of instruction payments to the	135087
institutions shall be in substantially equal monthly amounts	135088
during the fiscal year, unless otherwise determined by the	135089
Director of Budget and Management pursuant to section 126.09 of	135090
the Revised Code. Payments during the last six months of the	135091
fiscal year shall be distributed after approval of the Controlling	135092
Board upon the request of the Chancellor of the Board of Regents.	135093

(E)(1) After making the computations required by Sections	135094
371.20.80 and 371.20.90 of this act for fiscal year 2010, the	135095
Chancellor of the Board of Regents shall make reductions totaling	135096
$87,955,700 to the amounts computed before determining the amounts	135097
actually paid to campuses during fiscal year 2010 from the	135098
foregoing appropriation items 235501, State Share of Instruction,	135099
and 235644, State Share of Instruction – Federal Stimulus –	135100
Education.	135101

(2) Notwithstanding any provision of law to the contrary, in	135102
fiscal year 2011, from the combined appropriations of the	135103
foregoing appropriation items 235501, State Share of Instruction,	135104
and 235644, State Share of Instruction – Federal Stimulus –	135105
Education, the Chancellor of the Board of Regents shall first pay	135106
to each campus an amount equal to the amount each campus's	135107
allocation in fiscal year 2010 was reduced under division (E)(1)	135108
of this section.	135109

(3) In addition to the payments made under division (E)(2) of	135110
this section, after making the computations required by Sections	135111
371.20.80 and 371.20.90 of this act for fiscal year 2011, the	135112
Chancellor of the Board of Regents shall make reductions totaling	135113
$20,000,000 to the amounts computed for state-assisted university	135114
branch campuses, community colleges, state community colleges, and	135115
technical colleges. The Chancellor shall then make additional	135116
reductions totaling $170,000,000 to the amounts computed for all	135117
campuses. Such additional reductions shall be made proportionally	135118
to the allocations originally computed for the following three	135119
sectors: (1) university main campuses, (2) university branch	135120
campuses, and (3) community colleges, state community colleges,	135121
and technical colleges combined. Within each sector, each campus's	135122
allocation shall be reduced proportionally, except that the	135123
Chancellor, in consultation with representatives of state-assisted	135124
institutions of higher education, may establish a percentage below	135125
which no campus's allocation is to fall when compared with the	135126
campus's payment in the preceding year and proportionally reduce	135127
the allocations of all other campuses to support that percentage.	135128

Section 371.20.95. STUDIES TO DETERMINE WEIGHTS FOR FISCAL	135129
YEAR 2011 STATE SHARE OF INSTRUCTION FORMULA	135130

(A) STUDY ON IDENTIFYING "AT RISK" STUDENTS

135131

In fiscal year 2010, the Chancellor of the Board of Regents,	135132
in consultation with representatives of state colleges and	135133
universities, shall conduct a study to identify the	135134
socio-economic, demographic, academic, personal, and other factors	135135
that identify a student as being "at-risk" of academic failure,	135136
and recommend how these factors may be used to determine	135137
allocations of the State Share of Instruction after fiscal year	135138
2010. The study shall be completed by April 15, 2010.	135139
Notwithstanding any provision of law to the contrary, the	135140
Chancellor may use the results of the study to recommend	135141
additional weights to be used in the determination of the fiscal	135142
year 2011 State Share of Instruction allocations. The Chancellor	135143
shall report any such formula changes to the Controlling Board by	135144
August 30, 2010.	135145

(B) STUDY ON FUNDING DOCTORAL PROGRAMS THROUGH THE STATE	135146
SHARE OF INSTRUCTION FORMULA	135147

The Chancellor of the Board of Regents, in consultation with	135148
representatives of state universities, shall conduct a study on	135149
the effectiveness and appropriateness of funding for doctoral	135150
programs through the doctoral set-aside as allocated in	135151
appropriation items 235501, State Share of Instruction, and	135152
235644, State Share of Instruction - Federal Stimulus -	135153
Education. The study may examine alternative funding	135154
methodologies to improve the alignment between university	135155
doctoral programs and the goals of the strategic plan for the	135156
University System of Ohio. The study shall be completed by April	135157
15, 2010. Notwithstanding any provision of law to the contrary,	135158
the Chancellor may use the results of the study to recommend	135159
changes in the determination of the distribution of the doctoral	135160
set-aside beginning in fiscal year 2011. The Chancellor shall	135161
report any such formula changes to the Controlling Board by	135162
August 30, 2010.	135163

135164

The Chancellor of the Board of Regents, in consultation with	135165
representatives of state community colleges, shall conduct a study	135166
on the use of "success points" in the allocation of appropriations	135167
to community colleges in appropriation items 235501, State Share	135168
of Instruction, and 235644, State Share of Instruction - Federal	135169
Stimulus - Education, in fiscal year 2011. The study shall	135170
identify success points that occur during the academic career of	135171
community college students and recommend a method to fund	135172
achievement of the success points beginning in fiscal year 2011.	135173
The study shall be completed by April 15, 2010. Notwithstanding	135174
any provision of law to the contrary, the Chancellor shall use	135175
the results of the study to recommend changes in the	135176
determination of the distribution of the community college	135177
allocations beginning in fiscal year 2011. The Chancellor shall	135178
report any such formula changes to the Controlling Board by	135179
August 30, 2010.	135180

Section 371.30.10. HIGHER EDUCATION - BOARD OF TRUSTEES

135181

(A) Funds appropriated for instructional subsidies at	135182
colleges and universities may be used to provide such branch or	135183
other off-campus undergraduate courses of study and such master's	135184
degree courses of study as may be approved by the Chancellor of	135185
the Board of Regents.	135186

(B) In providing instructional and other services to	135187
students, boards of trustees of state-assisted institutions of	135188
higher education shall supplement state subsidies with income from	135189
charges to students. Except as otherwise provided in this Section,	135190
each board shall establish the fees to be charged to all students,	135191
including an instructional fee for educational and associated	135192
operational support of the institution and a general fee for	135193
noninstructional services, including locally financed student	135194
services facilities used for the benefit of enrolled students. The	135195
instructional fee and the general fee shall encompass all charges	135196
for services assessed uniformly to all enrolled students. Each	135197
board may also establish special purpose fees, service charges,	135198
and fines as required; such special purpose fees and service	135199
charges shall be for services or benefits furnished individual	135200
students or specific categories of students and shall not be	135201
applied uniformly to all enrolled students. A tuition surcharge	135202
shall be paid by all students who are not residents of Ohio.	135203

The board of trustees of a state-assisted institution of	135204
higher education shall not authorize a waiver or nonpayment of	135205
instructional fees or general fees for any particular student or	135206
any class of students other than waivers specifically authorized	135207
by law or approved by the Chancellor. This prohibition is not	135208
intended to limit the authority of boards of trustees to provide	135209
for payments to students for services rendered the institution,	135210
nor to prohibit the budgeting of income for staff benefits or for	135211
student assistance in the form of payment of such instructional	135212
and general fees.	135213

Each state-assisted institution of higher education in its	135214
statement of charges to students shall separately identify the	135215
instructional fee, the general fee, the tuition charge, and the	135216
tuition surcharge. Fee charges to students for instruction shall	135217
not be considered to be a price of service but shall be considered	135218
to be an integral part of the state government financing program	135219
in support of higher educational opportunity for students.	135220

(C) The boards of trustees of state-assisted institutions of	135221
higher education shall ensure that faculty members devote a proper	135222
and judicious part of their work week to the actual instruction of	135223
students. Total class credit hours of production per quarter per	135224
full-time faculty member is expected to meet the standards set	135225
forth in the budget data submitted by the Chancellor of the Board	135226
of Regents.	135227

(D) The authority of government vested by law in the boards	135228
of trustees of state-assisted institutions of higher education	135229
shall in fact be exercised by those boards. Boards of trustees may	135230
consult extensively with appropriate student and faculty groups.	135231
Administrative decisions about the utilization of available	135232
resources, about organizational structure, about disciplinary	135233
procedure, about the operation and staffing of all auxiliary	135234
facilities, and about administrative personnel shall be the	135235
exclusive prerogative of boards of trustees. Any delegation of	135236
authority by a board of trustees in other areas of responsibility	135237
shall be accompanied by appropriate standards of guidance	135238
concerning expected objectives in the exercise of such delegated	135239
authority and shall be accompanied by periodic review of the	135240
exercise of this delegated authority to the end that the public	135241
interest, in contrast to any institutional or special interest,	135242
shall be served.	135243

Section 371.30.20. STUDENT SUPPORT SERVICES

135244

The foregoing appropriation item 235502, Student Support	135245
Services, shall be distributed by the Chancellor of the Board of	135246
Regents to Ohio's state-assisted colleges and universities that	135247
incur disproportionate costs in the provision of support services	135248
to disabled students.	135249

Section 371.30.30. WAR ORPHANS SCHOLARSHIPS

135250

The foregoing appropriation item 235504, War Orphans	135251
Scholarships, shall be used to reimburse state-assisted	135252
institutions of higher education for waivers of instructional fees	135253
and general fees provided by them, to provide grants to	135254
institutions that have received a certificate of authorization	135255
from the Chancellor of the Board of Regents under Chapter 1713. of	135256
the Revised Code, in accordance with the provisions of section	135257
5910.04 of the Revised Code, and to fund additional scholarship	135258
benefits provided by section 5910.032 of the Revised Code.	135259

An amount equal to the unexpended, unencumbered portion of	135260
the foregoing appropriation item 235504, War Orphans Scholarships,	135261
at the end of fiscal year 2010 is hereby reappropriated to the	135262
Board of Regents for the same purpose for fiscal year 2011.	135263

Section 371.30.40. OHIOLINK

135264

The foregoing appropriation item 235507, OhioLINK, shall be	135265
used by the Chancellor of the Board of Regents to support	135266
OhioLINK, a consortium organized under division (U) of section	135267
3333.04 of the Revised Code to serve as the state's electronic	135268
library information and retrieval system, which provides access	135269
statewide to an extensive set of electronic databases and	135270
resources and the library holdings of Ohio's public and	135271
participating private nonprofit colleges and universities, and the	135272
State Library of Ohio.	135273

Section 371.30.50. AIR FORCE INSTITUTE OF TECHNOLOGY

135274

The foregoing appropriation item 235508, Air Force Institute	135275
of Technology, shall be used to strengthen the research and	135276
educational linkages between the Wright Patterson Air Force Base	135277
and institutions of higher education in Ohio.	135278

Section 371.30.60. OHIO SUPERCOMPUTER CENTER

135279

The foregoing appropriation item 235510, Ohio Supercomputer	135280
Center, shall be used by the Chancellor of the Board of Regents to	135281
support the operation of the Ohio Supercomputer Center, a	135282
consortium organized under division (U) of section 3333.04 of the	135283
Revised Code, located at The Ohio State University. The Ohio	135284
Supercomputer Center is a statewide resource available to Ohio	135285
research universities both public and private. It is also intended	135286
that the center be made accessible to private industry as	135287
appropriate.	135288

Funds shall be used, in part, to support the Ohio	135289
Supercomputer Center's Computational Science Initiative, which	135290
includes its industrial outreach program, Blue Collar Computing,	135291
and its School of Computational Science. These collaborations	135292
between the Ohio Supercomputer Center and Ohio's colleges and	135293
universities shall be aimed at making Ohio a leader in using	135294
computer modeling to promote economic development.	135295

Section 371.30.70. COOPERATIVE EXTENSION SERVICE

135296

The foregoing appropriation item 235511, Cooperative	135297
Extension Service, shall be disbursed through the Chancellor of	135298
the Board of Regents to The Ohio State University in monthly	135299
payments, unless otherwise determined by the Director of Budget	135300
and Management under section 126.09 of the Revised Code.	135301

Section 371.30.80. OHIO UNIVERSITY VOINOVICH SCHOOL

135302

The foregoing appropriation item 235513, Ohio University	135303
Voinovich School, shall be used by the Chancellor of the Board of	135304
Regents to support the operations of Ohio University's Voinovich	135305
School.	135306

Section 371.30.90. CENTRAL STATE SUPPLEMENT

135307

The foregoing appropriation item 235514, Central State	135308
Supplement, shall be used by Central State University to keep	135309
undergraduate fees below the statewide average, consistent with	135310
its mission of service to many first-generation college students	135311
from groups historically underrepresented in higher education and	135312
from families with limited incomes.	135313

Section 371.40.10. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	135314
MEDICINE	135315

The foregoing appropriation item 235515, Case Western Reserve	135316
University School of Medicine, shall be disbursed to Case Western	135317
Reserve University through the Chancellor of the Board of Regents	135318
in accordance with agreements entered into under section 3333.10	135319
of the Revised Code, provided that the state support per	135320
full-time medical student shall not exceed that provided to	135321
full-time medical students at state universities.	135322

Section 371.40.20. FAMILY PRACTICE

135323

The Chancellor of the Ohio Board of Regents shall develop	135324
plans consistent with existing criteria and guidelines as may be	135325
required for the distribution of appropriation item 235519,	135326
Family Practice.	135327

Section 371.40.30. SHAWNEE STATE SUPPLEMENT

135328

The foregoing appropriation item 235520, Shawnee State	135329
Supplement, shall be used by Shawnee State University as detailed	135330
by both of the following:	135331

(A) To allow Shawnee State University to keep its	135332
undergraduate fees below the statewide average, consistent with	135333
its mission of service to an economically depressed Appalachian	135334
region;	135335

(B) To allow Shawnee State University to employ new faculty	135336
to develop and teach in new degree programs that meet the needs of	135337
Appalachians.	135338

Section 371.40.40. OSU JOHN GLENN SCHOOL OF PUBLIC AFFAIRS

135339

The foregoing appropriation item 235521, The Ohio State	135340
University John Glenn School of Public Affairs, shall be used by	135341
the Chancellor of the Board of Regents to support the operations	135342
of The Ohio State University's John Glenn School of Public	135343
Affairs.	135344

Section 371.40.50. POLICE AND FIRE PROTECTION

135345

The foregoing appropriation item 235524, Police and Fire	135346
Protection, shall be used for police and fire services in the	135347
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	135348
Portsmouth, Xenia Township (Greene County), Rootstown Township,	135349
and the City of Nelsonville that may be used to assist these local	135350
governments in providing police and fire protection for the	135351
central campus of the state-affiliated university located therein.	135352

Section 371.40.60. GERIATRIC MEDICINE

135353

The Chancellor of the Ohio Board of Regents shall develop	135354
plans consistent with existing criteria and guidelines as may be	135355
required for the distribution of appropriation item 235525,	135356
Geriatric Medicine.	135357

Section 371.40.70. PRIMARY CARE RESIDENCIES

135358

The Chancellor of the Ohio Board of Regents shall develop	135359
plans consistent with existing criteria and guidelines as may be	135360
required for the distribution of appropriation item 235526,	135361
Primary Care Residencies.	135362

The foregoing appropriation item 235526, Primary Care	135363
Residencies, shall be distributed in each fiscal year of the	135364
biennium, based on whether or not the institution has submitted	135365
and gained approval for a plan. If the institution does not have	135366
an approved plan, it shall receive five per cent less funding per	135367
student than it would have received from its annual allocation.	135368
The remaining funding shall be distributed among those	135369
institutions that meet or exceed their targets.	135370

Section 371.40.80. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	135371
CENTER	135372

The foregoing appropriation item 235535, Ohio Agricultural	135373
Research and Development Center, shall be disbursed through the	135374
Chancellor of the Board of Regents to The Ohio State University in	135375
monthly payments, unless otherwise determined by the Director of	135376
Budget and Management under section 126.09 of the Revised Code.	135377
The Ohio Agricultural Research and Development Center shall not	135378
be required to remit payment to The Ohio State University during	135379
the biennium ending June 30, 2011, for cost reallocation	135380
assessments. The cost reallocation assessments include, but are	135381
not limited to, any assessment on state appropriations to the	135382
Center.	135383

The Ohio Agricultural Research and Development Center, an	135384
entity of the College of Food, Agricultural, and Environmental	135385
Sciences of The Ohio State University, shall further its mission	135386
of enhancing Ohio's economic development and job creation by	135387
continuing to internally allocate on a competitive basis	135388
appropriated funding of programs based on demonstrated	135389
performance. Academic units, faculty, and faculty-driven programs	135390
shall be evaluated and rewarded consistent with agreed-upon	135391
performance expectations as called for in the College's	135392
Expectations and Criteria for Performance Assessment.	135393

Section 371.40.90. STATE UNIVERSITY CLINICAL TEACHING

135394

The foregoing appropriation items 235536, The Ohio State	135395
University Clinical Teaching; 235537, University of Cincinnati	135396
Clinical Teaching; 235538, University of Toledo Clinical	135397
Teaching; 235539, Wright State University Clinical Teaching;	135398
235540, Ohio University Clinical Teaching; and 235541,	135399
Northeastern Ohio Universities College of Medicine Clinical	135400
Teaching, shall be distributed through the Chancellor of the Board	135401
of Regents.	135402

Section 371.50.10. CAPITAL COMPONENT

135403

The foregoing appropriation item 235552, Capital Component,	135404
shall be used by the Chancellor of the Board of Regents to	135405
implement the capital funding policy for state-assisted colleges	135406
and universities established in Am. H.B. 748 of the 121st General	135407
Assembly. Appropriations from this item shall be distributed to	135408
all campuses for which the estimated campus debt service	135409
attributable to new qualifying capital projects is less than the	135410
campus's formula-determined capital component allocation. Campus	135411
allocations shall be determined by subtracting the estimated	135412
campus debt service attributable to new qualifying capital	135413
projects from the campus's formula-determined capital component	135414
allocation. Moneys distributed from this appropriation item shall	135415
be restricted to capital-related purposes.	135416

Any campus for which the estimated campus debt service	135417
attributable to qualifying capital projects is greater than the	135418
campus's formula-determined capital component allocation shall	135419
have the difference subtracted from its State Share of Instruction	135420
allocation in each fiscal year. Appropriation equal to the sum of	135421
all such amounts except that of the Ohio Agricultural Research and	135422
Development Center shall be transferred from appropriation item	135423
235501, State Share of Instruction, to appropriation item 235552,	135424
Capital Component. Appropriation equal to any estimated Ohio	135425
Agricultural Research and Development Center debt service	135426
attributable to qualifying capital projects that is greater than	135427
the Center's formula-determined capital component allocation shall	135428
be transferred from appropriation item 235535, Ohio Agricultural	135429
Research and Development Center, to appropriation item 235552,	135430
Capital Component.	135431

Section 371.50.20. LIBRARY DEPOSITORIES

135432

The foregoing appropriation item, 235555, Library	135433
Depositories, shall be distributed to the state's five regional	135434
depository libraries for the cost-effective storage of and access	135435
to lesser-used materials in university library collections. The	135436
depositories shall be administrated by the Chancellor of the Board	135437
of Regents.	135438

Section 371.50.30. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

135439

The foregoing appropriation item 235556, Ohio Academic	135440
Resources Network, shall be used by the Chancellor of the Board of	135441
Regents to support the operations of the Ohio Academic Resources	135442
Network, a consortium organized under division (U) of section	135443
3333.04 of the Revised Code, which shall include support for	135444
Ohio's colleges and universities in maintaining and enhancing	135445
network connections, using new network technologies to improve	135446
research, education, and economic development programs, and	135447
sharing information technology services. The network shall give	135448
priority to supporting the Third Frontier Network and allocating	135449
bandwidth to programs directly supporting Ohio's economic	135450
development.	135451

Section 371.50.40. LONG-TERM CARE RESEARCH

135452

The foregoing appropriation item 235558, Long-term Care	135453
Research, shall be disbursed to Miami University for long-term	135454
care research.	135455

Section 371.50.50. OHIO COLLEGE OPPORTUNITY GRANT

135456

(A) Except as provided in division (D) of this section:

135457

Of the foregoing appropriation item 235563, Ohio College	135458
Opportunity Grant, $41,000,000 in each fiscal year shall be used	135459
by the Chancellor of the Board of Regents to award need-based	135460
financial aid to students enrolled in eligible private nonprofit	135461
institutions of higher education.	135462

The remainder of the foregoing appropriation item 235563,	135463
Ohio College Opportunity Grant, shall be used by the Chancellor	135464
of the Board of Regents to award needs-based financial aid to	135465
students enrolled in eligible public institutions of higher	135466
education, excluding early college high school and	135467
post-secondary enrollment option participants.	135468

An amount equal to the unexpended, unencumbered portion of	135469
the foregoing appropriation item 235563, Ohio College Opportunity	135470
Grant, at the end of fiscal year 2010 is hereby reappropriated to	135471
the Board of Regents for the same purpose for fiscal year 2011.	135472

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

135473

(a) "At-risk component" may include, but is not limited to:

135474

(i) A first-generation college student;

135475

(ii) A non-traditionally aged adult student;

135476

(iii) A graduate of a low-achieving high school;

135477

(iv) Any other factors the Chancellor may determine.

135478

(b) "Eligible institution" means any institution described in	135479
divisions (B)(2)(a) to (c) of section 3333.122 of the Revised	135480
Code.	135481

(c) "Type of institution" means state college or university,	135482
community college, state community college, university branch,	135483
technical college, or eligible private nonprofit institution of	135484
higher education.	135485

(d) The two "sectors" of institutions of higher education	135486
consist of the following:	135487

(i) State colleges and universities, community colleges,	135488
state community colleges, university branches, and technical	135489
colleges;	135490

(ii) Eligible private nonprofit institutions of higher	135491
education.	135492

(2) If the Chancellor determines that the amounts	135493
appropriated for support of the Ohio College Opportunity Grant	135494
program are inadequate to provide grants to all eligible students	135495
as calculated under division (D) of section 3333.122 of the	135496
Revised Code, the Chancellor shall create a formula, subject to	135497
the approval of the Controlling Board, for the distribution of	135498
available funds. This formula shall be complete and established	135499
before the start of the 2010-2011 academic year.	135500

The formula shall be based on division (C)(1) of section	135501
3333.122 of the Revised Code, but also include an at-risk	135502
component and academic performance component in determining	135503
distribution priority. The Chancellor may use the academic	135504
performance component to increase an award for credit or course	135505
completion or other factors as determined by the Chancellor.	135506

(3) Each eligible institution shall collect at-risk and	135507
performance data for each student eligible for a grant and report	135508
that information, including a recommendation of eligible students	135509
considered most at-risk, to the Chancellor by the deadline set by	135510
the Chancellor.	135511

(4) The Chancellor shall determine which at-risk and	135512
performance components are most appropriate to use for each type	135513
of institution and devise a formula for each type of institution	135514
accordingly.	135515

(C) Notwithstanding any other law to the contrary, the	135516
Chancellor may require an eligible institution to provide matching	135517
funds for students receiving Ohio College Opportunity Grants. The	135518
Chancellor shall recommend a required match for each eligible	135519
institution, taking into account the capacity of each institution	135520
to meet the match. The Chancellor shall include the recommendation	135521
as part of the formula submitted to the Controlling Board for	135522
approval under division (B)(2) of this section.	135523

(D) Prior to determining the amount of funds available to	135524
award under this section and section 3333.122 of the Revised Code,	135525
the Chancellor shall use the foregoing appropriation item 235563,	135526
Ohio College Opportunity Grant, to pay the prior year's Ohio	135527
College Opportunity Grant/Ohio Instructional Grant obligations in	135528
fiscal year 2010. The Chancellor may also use the foregoing	135529
appropriation item to pay for renewals or partial renewals of	135530
scholarships students receive under the Ohio Academic Scholarship	135531
Program under sections 3333.21 and 3333.22 of the Revised Code. In	135532
paying for prior obligations and scholarships under this division,	135533
the Chancellor shall deduct funds from the allocations made under	135534
division (A) of this section proportionate to the amounts	135535
allocated to each sector from the total appropriation.	135536

In each fiscal year, the Chancellor shall not distribute or	135537
obligate or commit to be distributed an amount greater than what	135538
is appropriated under the foregoing appropriation item 235563,	135539
Ohio College Opportunity Grant.	135540

(E) The Chancellor shall establish, and post on the Ohio	135541
Board of Regents' web site, award tables based on the formulas	135542
created under division (B) of this section. The Chancellor shall	135543
notify students and institutions of any reductions in awards under	135544
this section.	135545

On or before August 31, 2009, the Chancellor of the Board of	135546
Regents shall submit award tables to the Controlling Board for	135547
the 2009-2010 academic year and allocations of Ohio College	135548
Opportunity Grant awards not already specified in section	135549
3333.122 of the Revised Code.	135550

(F) Notwithstanding section 3333.122 of the Revised Code, no	135551
student shall be eligible to receive an Ohio College Opportunity	135552
Grant for more than ten semesters, fifteen quarters, or the	135553
equivalent of five academic years, less the number of semesters or	135554
quarters in which the student received an Ohio Instructional	135555
Grant.	135556

Section 371.50.60. CENTRAL STATE UNIVERSITY SPEED TO SCALE

135557

The foregoing appropriation 235567, Central State University	135558
Speed to Scale, shall be used to achieve the goals of the Speed to	135559
Scale Plan, which include increasing student enrollment through	135560
freshman recruitment and transferred students, increasing the	135561
proportion of in-state students to 80 per cent of the total	135562
student population, and increasing the student retention rates	135563
between the first and second year of college by two per cent each	135564
year. The goals shall be accomplished by the targeting of student	135565
retention, improved articulation agreements with two-year	135566
campuses, increased use of alternative course options, including	135567
online coursework and Ohio Learning Network resources, College	135568
Tech Prep, Post Secondary Enrollment Options, and other	135569
dual-credit programs, and strategic partnerships with research	135570
institutions to improve the quality of Central State University's	135571
offering of science, technology, engineering, mathematics, and	135572
medical instruction. In fiscal year 2010, the disbursement of	135573
these funds shall be contingent upon Central State University	135574
meeting the annual goals for the student enrollment and retention	135575
rate increases.	135576

The Speed to Scale Task Force shall meet not less than	135577
quarterly to discuss progress of the plan, including performance	135578
on accountability metrics and issues experienced in planned	135579
efforts, and to monitor and support the creation of partnerships	135580
with other state institutions of higher education. The Task Force	135581
shall consist of the president of Central State University or the	135582
president's designee, the president of Sinclair Community College	135583
or the president's designee, the president of Cincinnati State	135584
Technical and Community College or the president's designee, the	135585
president of Cuyahoga Community College or the president's	135586
designee, the president of The Ohio State University or the	135587
president's designee, the president of the University of	135588
Cincinnati or the president's designee, the president of Wright	135589
State University or the president's designee, one representative	135590
from the Board of Regents, one member of the House of	135591
Representatives appointed by the Speaker of the House of	135592
Representatives, one member of the Senate appointed by the	135593
President of the Senate, the Director of Budget and Management or	135594
the director's designee, and a representative of the Governor's	135595
Office appointed by the Governor.	135596

On the thirtieth day of June of each fiscal year, Central	135597
State University and the Speed to Scale Task Force shall jointly	135598
submit to the Governor, the Director of Budget and Management, the	135599
Speaker of the House of Representatives, the President of the	135600
Senate, and the Board of Regents a report describing the status of	135601
their progress on the accountability metrics included in the Speed	135602
to Scale Plan.	135603

Section 371.50.70. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

135604

The foregoing appropriation item 235572, The Ohio State	135605
University Clinic Support, shall be distributed through the	135606
Chancellor of the Board of Regents to The Ohio State University	135607
for support of dental and veterinary medicine clinics.	135608

Section 371.50.83. BLISS INSTITUTE

135609

The foregoing appropriation item 235579, Bliss Institute,	135610
shall be used to support the Bliss Institute of Applied Politics	135611
at the University of Akron.	135612

Section 371.50.90. HAZARDOUS MATERIALS PROGRAM

135613

The foregoing appropriation item 235596, Hazardous Materials	135614
Program, shall be used by the Chancellor of the Board of Regents	135615
to make awards for the establishment or continued development and	135616
support of hazardous materials education, studies, or programs at	135617
Ohio institutions of higher education.	135618

Section 371.60.10. NATIONAL GUARD SCHOLARSHIP PROGRAM

135619

The Chancellor of the Board of Regents shall disburse funds	135620
from appropriation item 235599, National Guard Scholarship	135621
Program, at the direction of the Adjutant General. During each	135622
fiscal year, the Chancellor of the Board of Regents, within ten	135623
days of cancellation, may certify to the Director of Budget and	135624
Management the amount of canceled prior-year encumbrances in	135625
appropriation item 235599, National Guard Scholarship Program.	135626
Upon receipt of the certification, the Director of Budget and	135627
Management may transfer cash in an amount up to the amount	135628
certified from the General Revenue Fund to the National Guard	135629
Scholarship Reserve Fund (Fund 5BM0). Upon the request of the	135630
Adjutant General, the Chancellor of the Board of Regents shall	135631
seek Controlling Board approval to authorize additional	135632
expenditures for appropriation item 235623, National Guard	135633
Scholarship Reserve Fund. Upon approval of the Controlling Board,	135634
the additional amounts are hereby appropriated. The Chancellor of	135635
the Board of Regents shall disburse funds from appropriation	135636
item 235623, National Guard Scholarship Reserve Fund, at the	135637
direction of the Adjutant General.	135638

Section 371.60.20. PLEDGE OF FEES

135639

Any new pledge of fees, or new agreement for adjustment of	135640
fees, made in the biennium ending June 30, 2011, to secure bonds	135641
or notes of a state-assisted institution of higher education for a	135642
project for which bonds or notes were not outstanding on the	135643
effective date of this section shall be effective only after	135644
approval by the Chancellor of the Board of Regents, unless	135645
approved in a previous biennium.	135646

Section 371.60.30. HIGHER EDUCATION GENERAL OBLIGATION DEBT	135647
SERVICE	135648

The foregoing appropriation item 235909, Higher Education	135649
General Obligation Debt Service, shall be used to pay all debt	135650
service and related financing costs at the times they are required	135651
to be made for obligations issued during the period from July 1,	135652
2009, to June 30, 2011, under sections 151.01 and 151.04 of the	135653
Revised Code.	135654

Section 371.60.40. SALES AND SERVICES

135655

The Chancellor of the Board of Regents is authorized to	135656
charge and accept payment for the provision of goods and	135657
services. Such charges shall be reasonably related to the cost of	135658
producing the goods and services. No charges may be levied for	135659
goods or services that are produced as part of the routine	135660
responsibilities or duties of the Chancellor. All revenues	135661
received by the Chancellor of the Board of Regents shall be	135662
deposited into Fund 4560, and may be used by the Chancellor of the	135663
Board of Regents to pay for the costs of producing the goods and	135664
services.	135665

Section 371.60.50. HIGHER EDUCATIONAL FACILITY COMMISSION	135666
ADMINISTRATION	135667

The foregoing appropriation item 235602, Higher Educational	135668
Facility Commission Administration, shall be used by the	135669
Chancellor of the Board of Regents for operating expenses related	135670
to the Chancellor of the Board of Regents' support of the	135671
activities of the Ohio Higher Educational Facility Commission.	135672
Upon the request of the Chancellor, the Director of Budget and	135673
Management shall transfer up to $45,000 cash in fiscal year 2010	135674
and up to $45,000 cash in fiscal year 2011 from the HEFC Operating	135675
Expenses Fund (Fund 4610) to the HEFC Administration Fund (Fund	135676
4E80).	135677

Section 371.60.60. NURSING LOAN PROGRAM

135678

The foregoing appropriation item 235606, Nursing Loan	135679
Program, shall be used to administer the nurse education	135680
assistance program. Up to $167,580 in each fiscal year may be used	135681
for operating expenses associated with the program. Any additional	135682
funds needed for the administration of the program are subject to	135683
Controlling Board approval.	135684

Section 371.60.70. VETERANS PREFERENCES

135685

The Chancellor of the Board of Regents shall work with the	135686
Department of Veterans Services to develop specific veterans	135687
preference guidelines for higher education institutions. These	135688
guidelines shall ensure that the institutions' hiring practices	135689
are in accordance with the intent of Ohio's veterans preference	135690
laws.	135691

Section 371.60.80. STATE NEED-BASED FINANCIAL AID	135692
RECONCILIATION	135693

By the first day of August in each fiscal year, or as soon as	135694
possible thereafter, the Chancellor of the Ohio Board of Regents	135695
shall certify to the Director of Budget and Management the amount	135696
necessary to pay any outstanding prior year obligations to higher	135697
education institutions for the state's need-based financial aid	135698
programs. The amounts certified are hereby appropriated to	135699
appropriation item 235618, State Need-based Financial Aid	135700
Reconciliation, from revenues received in the State Need-based	135701
Financial Aid Reconciliation Fund (Fund 5Y50).	135702

Section 371.60.95. TRANSFER AND ADJUSTMENT OF ARRA STATE	135703
FISCAL STABILIZATION FUND APPROPRIATIONS	135704

The Director of Budget and Management, with the approval of	135705
the Controlling Board, may transfer appropriation between	135706
appropriation items 235501, State Share of Instruction, and	135707
235644, State Share of Instruction – Federal Stimulus –	135708
Education, in each fiscal year, upon the written request of the	135709
Chancellor of the Board of Regents, to meet the maintenance of	135710
effort and use of funds provisions of the American Recovery and	135711
Reinvestment Act, including transferring appropriation between	135712
fiscal year 2010 and fiscal year 2011.	135713

Section 371.70.10. EFFICIENCY SAVINGS

135714

Each state-assisted institution of higher education, as	135715
defined in section 3345.011 of the Revised Code, shall demonstrate	135716
at least a three per cent savings through internal efficiencies in	135717
each fiscal year. Institutions shall identify savings to the	135718
Chancellor of the Board of Regents, who shall certify the amount	135719
of savings of each institution.	135720

Section 371.70.20. (A) As used in this section:

135721

(1) "Board of trustees" includes the managing authority of a	135722
university branch district.	135723

(2) "State institution of higher education" has the same	135724
meaning as in section 3345.011 of the Revised Code.	135725

(B) The board of trustees of any state institution of higher	135726
education, notwithstanding any rule of the institution to the	135727
contrary, may adopt a policy providing for mandatory furloughs of	135728
employees, including faculty, to achieve spending reductions	135729
necessitated by institutional budget deficits.	135730

Section 375.10. DRC DEPARTMENT OF REHABILITATION AND	135731
CORRECTION	135732

General Revenue Fund							135733
GRF	501321	Institutional Operations	$	780,936,383	$	667,111,335	135734
GRF	501403	Prisoner Compensation	$	8,599,255	$	8,599,255	135735
GRF	501405	Halfway House	$	41,054,799	$	42,286,443	135736
GRF	501406	Lease Rental Payments	$	101,578,100	$	98,080,200	135737
GRF	501407	Community Nonresidential Programs	$	21,925,802	$	22,431,567	135738
GRF	501408	Community Misdemeanor Programs	$	11,092,468	$	11,380,242	135739
GRF	501501	Community Residential Programs - CBCF	$	62,517,256	$	64,281,774	135740
GRF	501620	Institutional Operations - Federal Stimulus	$	111,177,531	$	214,488,988	135741
GRF	502321	Mental Health Services	$	80,844,321	$	84,462,467	135742
GRF	503321	Parole and Community Operations	$	75,785,243	$	77,326,155	135743
GRF	504321	Administrative Operations	$	23,659,745	$	21,811,756	135744
GRF	505321	Institution Medical Services	$	239,839,373	$	239,140,143	135745
GRF	506321	Institution Education Services	$	22,730,539	$	23,183,959	135746
GRF	507321	Institution Recovery Services	$	5,025,028	$	5,899,110	135747
TOTAL GRF General Revenue Fund			$	1,586,765,843	$	1,580,483,394	135748

General Services Fund Group	135749

1480	501602	Services and Agricultural	$	105,000,000	$	105,000,000	135750
2000	501607	Ohio Penal Industries	$	35,000,000	$	35,000,000	135751
4830	501605	Property Receipts	$	255,015	$	261,315	135752
4B00	501601	Sewer Treatment Services	$	2,310,188	$	2,310,188	135753
4D40	501603	Prisoner Programs	$	14,600,000	$	14,800,000	135754
4L40	501604	Transitional Control	$	1,900,000	$	1,900,000	135755
4S50	501608	Education Services	$	2,500,000	$	2,500,000	135756
5710	501606	Training Academy Receipts	$	50,000	$	50,000	135757
5930	501618	Laboratory Services	$	6,100,000	$	6,300,000	135758
5AF0	501609	State and Non-Federal Awards	$	150,000	$	150,000	135759
5H80	501617	Offender Financial Responsibility	$	1,500,000	$	1,500,000	135760
5L60	501611	Information Technology Services	$	800,000	$	800,000	135761
TOTAL GSF General Services Fund Group			$	170,165,203	$	170,571,503	135762

Federal Special Revenue Fund Group	135763

3230	501619	Federal Grants	$	12,198,353	$	12,198,353	135764
3S10	501615	Truth-In-Sentencing Grants	$	8,251,241	$	0	135765
TOTAL FED Federal Special Revenue							135766
Fund Group			$	20,449,594	$	12,198,353	135767

TOTAL ALL BUDGET FUND GROUPS

1,777,380,640

1,763,253,250

135768

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	135769
SENTENCING REFORMS	135770

For the purposes of implementing criminal sentencing reforms,	135771
and notwithstanding any other provision of law to the contrary,	135772
the Director of Budget and Management, at the request of the	135773
Director of Rehabilitation and Correction, shall transfer up to	135774
$14,000,000 in appropriations, in each of fiscal years 2010 and	135775
2011, from appropriation item 501321, Institutional Operations, to	135776
any combination of appropriation items 501405, Halfway House;	135777
501407, Community Residential Programs; 501408, Community	135778
Misdemeanor Programs; and 501501, Community Residential Programs -	135779
CBCF.	135780

OHIO BUILDING AUTHORITY LEASE PAYMENTS

135781

The foregoing appropriation item 501406, Lease Rental	135782
Payments, shall be used to meet all payments during the period	135783
from July 1, 2009, to June 30, 2011, under the primary leases and	135784
agreements for those buildings made under Chapter 152. of the	135785
Revised Code. These appropriations are the source of funds pledged	135786
for bond service charges or obligations issued pursuant to Chapter	135787
152. of the Revised Code.	135788

PRISONER COMPENSATION

135789

Money from the foregoing appropriation item 501403, Prisoner	135790
Compensation, shall be transferred on a quarterly basis by	135791
intrastate transfer voucher to the Services and Agricultural Fund	135792
(Fund 1480) for the purposes of paying prisoner compensation.	135793

OSU MEDICAL CHARGES

135794

Notwithstanding section 341.192 of the Revised Code, at the	135795
request of the Department of Rehabilitation and Correction, The	135796
Ohio State University Medical Center, including the James Cancer	135797
Hospital and Solove Research Institute and the Richard M. Ross	135798
Heart Hospital, shall provide necessary care to persons who are	135799
confined in state adult correctional facilities. The provision of	135800
necessary care shall be billed to the Department at a rate not to	135801
exceed the authorized reimbursement rate for the same service	135802
established by the Department of Job and Family Services under the	135803
Medical Assistance Program.	135804

Section 375.20. PILOT PROJECT FOR THE CONTRACTUAL PROVISION	135805
OF INMATE HEALTHCARE	135806

The Department of Rehabilitation and Correction may develop,	135807
oversee, and evaluate a pilot project for the provision of	135808
comprehensive correctional health care services through private	135809
correctional health care contractors to complement the current	135810
system for the provision of health care services to inmates of	135811
state correctional facilities. If the Department develops a pilot	135812
project, private correctional health care contractors shall be	135813
selected through a request for proposal process. The department	135814
shall determine the method for requesting proposals, the form of	135815
the request-for-proposal, and criteria for the provision of	135816
comprehensive correctional health care services under the pilot	135817
project. Comprehensive correctional health care services are	135818
medical, dental, and mental health care services comparable to	135819
those provided by the Department of Rehabilitation and Correction	135820
to inmates at and outside of state correctional facilities. The	135821
department shall determine the award of contracts based upon	135822
written criteria prepared by the department.	135823

A pilot project for the provision of comprehensive	135824
correctional health care services must include a minimum of 20 per	135825
cent of the current inmate population and be designed to include a	135826
representative sample of the inmate population in order to promote	135827
a realistic comparison of services and costs. The department shall	135828
control inmate participation in the pilot project based on current	135829
standard operating procedures and the need to maintain the	135830
representative sample of the inmate population. The department	135831
shall determine the locations for the pilot project and in making	135832
that determination shall give consideration to the geographic	135833
proximity of medical facilities to promote economies of scale. The	135834
locations shall include a representative sample of current	135835
facilities, the facilities' missions, and medical acuity. The mix	135836
of facilities shall remain consistent throughout the pilot project	135837
in order to promote a realistic comparison of costs and services.	135838

If the Department develops the pilot project, it shall be	135839
developed and implemented by January 1, 2010, for a period of two	135840
years and shall be conditioned upon a private contractor offering	135841
a minimum of 10 per cent savings from the department's projected	135842
costs for comprehensive correctional health care services during	135843
the period of the project. The cost comparison shall include all	135844
on-site and off-site healthcare costs, including all personnel,	135845
benefit, administrative, overhead, and transportation costs.	135846

Section 377.10. RSC REHABILITATION SERVICES COMMISSION

135847

General Revenue Fund	135848

GRF	415402	Independent Living Council	$	252,000	$	252,000	135849
GRF	415406	Assistive Technology	$	26,618	$	26,618	135850
GRF	415431	Office for People with Brain Injury	$	126,567	$	126,567	135851
GRF	415506	Services for People with Disabilities	$	13,116,630	$	13,116,630	135852
GRF	415508	Services for the Deaf	$	28,000	$	28,000	135853
TOTAL GRF General Revenue Fund			$	13,549,815	$	13,549,815	135854

General Services Fund Group	135855

4670	415609	Business Enterprise Operating Expenses	$	1,393,002	$	1,389,851	135856
TOTAL GSF General Services							135857
Fund Group			$	1,393,002	$	1,389,851	135858

Federal Special Revenue Fund Group	135859

3170	415620	Disability Determination	$	81,685,226	$	83,498,461	135860
3790	415616	Federal - Vocational Rehabilitation	$	130,057,624	$	131,132,654	135861
3L10	415601	Social Security Personal Care Assistance	$	3,000,000	$	2,700,000	135862
3L10	415605	Social Security Community Centers for the Deaf	$	750,000	$	750,000	135863
3L10	415608	Social Security Special Programs/Assistance	$	1,752,714	$	1,884,714	135864
3L40	415612	Federal Independent Living Centers or Services	$	620,880	$	620,880	135865
3L40	415615	Federal - Supported Employment	$	883,214	$	839,054	135866
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	1,951,862	$	1,953,293	135867
TOTAL FED Federal Special							135868
Revenue Fund Group			$	220,701,520	$	223,379,056	135869

State Special Revenue Fund Group	135870

4680	415618	Third Party Funding	$	5,008,974	$	5,008,974	135871
4L10	415619	Services for Rehabilitation	$	4,067,773	$	3,994,154	135872
4W50	415606	Program Management Expenses	$	15,620,782	$	15,767,803	135873
TOTAL SSR State Special							135874
Revenue Fund Group			$	24,697,529	$	24,770,931	135875
TOTAL ALL BUDGET FUND GROUPS			$	260,341,866	$	263,089,653	135876

INDEPENDENT LIVING COUNCIL

135877

The foregoing appropriation item 415402, Independent Living	135878
Council, shall be used to fund the operations of the State	135879
Independent Living Council and shall be used to support state	135880
independent living centers and independent living services under	135881
Title VII of the Independent Living Services and Centers for	135882
Independent Living of the Rehabilitation Act Amendments of 1992,	135883
106 Stat. 4344, 29 U.S.C. 796d.	135884

ASSISTIVE TECHNOLOGY

135885

The foregoing appropriation item 415406, Assistive	135886
Technology, shall be provided to Assistive Technology of Ohio and	135887
used to provide grants and assistive technology services under the	135888
program for people with disabilities in the State of Ohio.	135889

OFFICE FOR PEOPLE WITH BRAIN INJURY

135890

The foregoing appropriation item 415431, Office for People	135891
with Brain Injury, shall be used to plan and coordinate	135892
head-injury-related services provided by state agencies and other	135893
government or private entities, to assess the needs for such	135894
services, and to set priorities in this area.	135895

VOCATIONAL REHABILITATION SERVICES

135896

The foregoing appropriation item 415506, Services for People	135897
with Disabilities, shall be used as state matching funds to	135898
provide vocational rehabilitation services to eligible consumers.	135899

At the request of the Chancellor of the Board of Regents, the	135900
Director of Budget and Management may transfer any unexpended,	135901
unencumbered appropriation in fiscal year 2010 or fiscal year 2011	135902
from appropriation item 235502, Student Support Services, to	135903
appropriation item 415506, Services for People with Disabilities.	135904
Any appropriation so transferred shall be used by the Ohio	135905
Rehabilitation Services Commission to obtain additional federal	135906
matching funds to serve disabled students.	135907

SERVICES FOR THE DEAF

135908

The foregoing appropriation item 415508, Services for the	135909
Deaf, shall be used to provide grants to community centers for	135910
the deaf. These funds shall not be provided in lieu of Social	135911
Security reimbursement funds.	135912

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

135913

The foregoing appropriation item 415617, Independent	135914
Living/Vocational Rehabilitation Programs, shall be used to	135915
support vocational rehabilitation programs.	135916

SOCIAL SECURITY REIMBURSEMENT FUNDS

135917

Reimbursement funds received from the Social Security	135918
Administration, United States Department of Health and Human	135919
Services, for the costs of providing services and training to	135920
return disability recipients to gainful employment shall be	135921
expended from the Social Security Reimbursement Fund (Fund 3L10),	135922
to the extent funds are available, as follows:	135923

(A) Appropriation item 415601, Social Security Personal Care	135924
Assistance, to provide personal care services in accordance with	135925
section 3304.41 of the Revised Code;	135926

(B) Appropriation item 415605, Social Security Community	135927
Centers for the Deaf, to provide grants to community centers for	135928
the deaf in Ohio for services to individuals with hearing	135929
impairments; and	135930

(C) Appropriation item 415608, Social Security Special	135931
Programs/Assistance, to provide vocational rehabilitation services	135932
to individuals with severe disabilities who are Social Security	135933
beneficiaries, to enable them to achieve competitive employment.	135934
This appropriation item shall also be used to pay a portion of	135935
indirect costs of the Personal Care Assistance Program and the	135936
Independent Living Programs as mandated by federal OMB Circular	135937
A-87.	135938

PROGRAM MANAGEMENT EXPENSES

135939

The foregoing appropriation item 415606, Program Management	135940
Expenses, shall be used to support the administrative functions of	135941
the commission related to the provision of vocational	135942
rehabilitation, disability determination services, and ancillary	135943
programs.	135944

Section 379.10. RCB RESPIRATORY CARE BOARD

135945

General Services Fund Group	135946

4K90	872609	Operating Expenses	$	488,142	$	488,142	135947
TOTAL GSF General Services							135948
Fund Group			$	488,142	$	488,142	135949
TOTAL ALL BUDGET FUND GROUPS			$	488,142	$	488,142	135950

Section 381.10. RDF REVENUE DISTRIBUTION FUNDS

135952

Volunteer Firefighters' Dependents Fund	135953

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	135954
TOTAL 085 Volunteer Firefighters'							135955
Dependents Fund			$	300,000	$	300,000	135956
Agency Fund Group							135957
4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	135958
6080	001699	Investment Earnings	$	250,000,000	$	250,000,000	135959
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	135960
7063	110963	Permissive Tax Distribution	$	1,849,000,000	$	1,849,000,000	135961
7067	110967	School District Income Tax	$	350,000,000	$	350,000,000	135962
TOTAL AGY Agency Fund Group			$	2,453,100,000	$	2,453,100,000	135963

Holding Account Redistribution	135964

R045	110617	International Fuel Tax Distribution	$	50,000,000	$	50,000,000	135965
TOTAL 090 Holding Account Redistribution Fund			$	50,000,000	$	50,000,000	135966
Revenue Distribution Fund Group							135967
7049	038900	Indigent Drivers Alcohol Treatment	$	2,200,000	$	2,200,000	135968
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	135969
7051	762901	Auto Registration Distribution	$	539,000,000	$	539,000,000	135970
7054	110954	Local Government Property Tax Replacement - Utility	$	95,125,000	$	95,125,000	135971
7060	110960	Gasoline Excise Tax Fund	$	375,000,000	$	375,000,000	135972
7065	110965	Public Library Fund	$	406,100,000	$	407,400,000	135973
7066	800966	Undivided Liquor Permits	$	13,500,000	$	13,500,000	135974
7068	110968	State and Local Government Highway Distribution	$	242,500,000	$	242,500,000	135975
7069	110969	Local Government Fund	$	673,700,000	$	676,000,000	135976
7081	110981	Local Government Property Tax Replacement-Business	$	366,800,000	$	378,000,000	135977
7082	110982	Horse Racing Tax	$	130,000	$	130,000	135978
7083	700900	Ohio Fairs Fund	$	2,325,000	$	2,325,000	135979
TOTAL RDF Revenue Distribution							135980
Fund Group			$	2,746,380,000	$	2,761,180,000	135981
TOTAL ALL BUDGET FUND GROUPS			$	5,249,780,000	$	5,264,580,000	135982

ADDITIONAL APPROPRIATIONS

135983

Appropriation items in this section shall be used for the	135984
purpose of administering and distributing the designated revenue	135985
distribution funds according to the Revised Code. If it is	135986
determined that additional appropriations are necessary for this	135987
purpose, such amounts are hereby appropriated.	135988

GENERAL REVENUE FUND TRANSFERS

135989

Notwithstanding any provision of law to the contrary, in	135990
fiscal year 2010 and fiscal year 2011, the Director of Budget and	135991
Management may transfer from the General Revenue Fund to the Local	135992
Government Tangible Property Tax Replacement Fund (Fund 7081) in	135993
the Revenue Distribution Fund Group, those amounts necessary to	135994
reimburse local taxing units under section 5751.22 of the Revised	135995
Code. Also, in fiscal year 2010 and fiscal year 2011, the	135996
Director of Budget and Management may make temporary transfers	135997
from the General Revenue Fund to ensure sufficient balances in	135998
the Local Government Tangible Property Tax Replacement Fund (Fund	135999
7081) and to replenish the General Revenue Fund for such	136000
transfers.	136001

On July 1 of each fiscal year, or as soon as possible	136002
thereafter, the Director of Budget and Management shall transfer	136003
$5,000,000 cash from the General Revenue Fund to the Public	136004
Library Fund (Fund 7065).	136005

On July 1, 2010, or as soon as possible thereafter, the	136006
Director of Budget and Management shall transfer $11,200,000 cash	136007
from the General Revenue Fund to the Local Government Property Tax	136008
Replacement-Business Fund (Fund 7081).	136009

Section 381.20. PUBLIC LIBRARY FUND ALLOCATION

136010

Notwithstanding any provision of law to the contrary, for the	136011
period August 1, 2009, to June 30, 2011, the monthly allocation	136012
made to the Public Library Fund under section 131.51 of the	136013
Revised Code shall be one and ninety-seven one hundredths per cent	136014
of the total tax revenue credited to the General Revenue Fund in	136015
the preceding month. In determining the total tax revenue credited	136016
to the General Revenue Fund during the preceding month, the	136017
Director of Budget and Management shall include amounts	136018
transferred from that fund during the preceding month pursuant to	136019
this section and divisions (A) and (B) of section 131.51 of the	136020
Revised Code.	136021

Section 383.10. SAN BOARD OF SANITARIAN REGISTRATION

136022

General Services Fund Group	136023

4K90	893609	Operating Expenses	$	130,000	$	130,000	136024
TOTAL GSF General Services							136025
Fund Group			$	130,000	$	130,000	136026
TOTAL ALL BUDGET FUND GROUPS			$	130,000	$	130,000	136027

Section 384.10. OSB OHIO STATE SCHOOL FOR THE BLIND

136029

General Revenue Fund	136030

GRF	226100	Personal Services	$	6,593,540	$	6,593,540	136031
GRF	226200	Maintenance	$	619,527	$	619,527	136032
GRF	226300	Equipment	$	65,505	$	65,505	136033
TOTAL GRF General Revenue Fund			$	7,278,572	$	7,278,572	136034

General Services Fund Group	136035

4H80	226602	Education Reform Grants	$	61,000	$	61,000	136036
TOTAL GSF General Services							136037
Fund Group			$	61,000	$	61,000	136038

Federal Special Revenue Fund Group	136039

3100	226626	Coordinating Unit	$	2,527,105	$	2,527,105	136040
3P50	226643	Medicaid Professional Services Reimbursement	$	50,000	$	50,000	136041
TOTAL FED Federal Special							136042
Revenue Fund Group			$	2,577,105	$	2,577,105	136043

State Special Revenue Fund Group	136044

4M50	226601	Work Study and Technology Investment	$	250,000	$	250,000	136045
TOTAL SSR State Special Revenue							136046
Fund Group			$	250,000	$	250,000	136047
TOTAL ALL BUDGET FUND GROUPS			$	10,166,677	$	10,166,677	136048

Section 384.50. OSD OHIO SCHOOL FOR THE DEAF

136050

General Revenue Fund	136051

GRF	221100	Personal Services	$	7,842,334	$	7,842,334	136052
GRF	221200	Maintenance	$	814,532	$	814,532	136053
GRF	221300	Equipment	$	70,785	$	70,785	136054
TOTAL GRF General Revenue Fund			$	8,727,651	$	8,727,651	136055

General Services Fund Group	136056

4M10	221602	Education Reform Grants	$	76,000	$	76,000	136057
TOTAL GSF General Services							136058
Fund Group			$	76,000	$	76,000	136059

Federal Special Revenue Fund Group	136060

3110	221625	Coordinating Unit	$	2,460,135	$	2,460,135	136061
3AD0	221604	VREAL Ohio	$	25,000	$	25,000	136062
3R00	221684	Medicaid Professional Services Reimbursement	$	35,000	$	35,000	136063
3Y10	221686	Early Childhood Grant	$	300,000	$	300,000	136064
TOTAL FED Federal Special							136065
Revenue Fund Group			$	2,820,135	$	2,820,135	136066

State Special Revenue Fund Group	136067

4M00	221601	Educational Program Expenses	$	190,000	$	190,000	136068
5H60	221609	Even Start Fees and Gifts	$	250,716	$	250,716	136069
TOTAL SSR State Special Revenue							136070
Fund Group			$	440,716	$	440,716	136071
TOTAL ALL BUDGET FUND GROUPS			$	12,064,502	$	12,064,502	136072

Section 385.10. SFC SCHOOL FACILITIES COMMISSION

136074

General Revenue Fund	136075

GRF	230908		Common Schools General Obligation Debt Service		$	157,065,800		$	167,038,700		136076
TOTAL GRF General Revenue Fund					$	157,065,800		$	167,038,700		136077

State Special Revenue Fund Group	136078

5E30	230644	Operating Expenses	$	9,250,000	$	9,750,000	136079
TOTAL SSR State Special Revenue							136080
Fund Group			$	9,250,000	$	9,750,000	136081

School Building Assistance Fund Group	136082

5S60	230602	Community School Loan Guarantee	$	102,000	$	102,000	136083
TOTAL SBA School Building Assistance Fund Group			$	102,000	$	102,000	136084
TOTAL ALL BUDGET FUND GROUPS			$	166,417,800	$	176,890,700	136085

Section 385.20. COMMON SCHOOLS GENERAL OBLIGATION DEBT	136087
SERVICE	136088

The foregoing appropriation item 230908, Common Schools	136089
General Obligation Debt Service, shall be used to pay all debt	136090
service and related financing costs at the times they are required	136091
to be made for obligations issued during the period from July 1,	136092
2009, through June 30, 2011, under sections 151.01 and 151.03 of	136093
the Revised Code.	136094

OPERATING EXPENSES

136095

The foregoing appropriation item 230644, Operating Expenses,	136096
shall be used by the Ohio School Facilities Commission to carry	136097
out its responsibilities under this section and Chapter 3318. of	136098
the Revised Code.	136099

In both fiscal years 2010 and 2011, the Executive Director of	136100
the Ohio School Facilities Commission shall certify on a quarterly	136101
basis to the Director of Budget and Management the amount of cash	136102
from interest earnings to be transferred from the School Building	136103
Assistance Fund (Fund 7032), the Public School Building Fund (Fund	136104
7021), and the Educational Facilities Trust Fund (Fund N087) to	136105
the Ohio School Facilities Commission Fund (Fund 5E30). The	136106
amount transferred from the School Building Assistance Fund (Fund	136107
7032) may not exceed investment earnings credited to the fund,	136108
less any amount required to be paid for federal arbitrage rebate	136109
purposes.	136110

If the Executive Director of the Ohio School Facilities	136111
Commission determines that transferring cash from interest	136112
earnings is insufficient to support operations and carry out its	136113
responsibilities under this section and Chapter 3318. of the	136114
Revised Code, the Commission may, with the approval of the	136115
Controlling Board, transfer cash not generated from interest from	136116
the Public School Building Fund (Fund 7021) and the Educational	136117
Trust Fund (Fund N087) to the Ohio School Facilities Commission	136118
Fund (Fund 5E30).	136119

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

136120

At the request of the Executive Director of the Ohio School	136121
Facilities Commission, the Director of Budget and Management may	136122
cancel encumbrances for school district projects from a previous	136123
biennium if the district has not raised its local share of project	136124
costs within one year of receiving Controlling Board approval	136125
under section 3318.05 of the Revised Code. The Executive Director	136126
of the Ohio School Facilities Commission shall certify the amounts	136127
of the canceled encumbrances to the Director of Budget and	136128
Management on a quarterly basis. The amounts of the canceled	136129
encumbrances are hereby appropriated.	136130

Section 385.30. AMENDMENT TO PROJECT AGREEMENT FOR	136131
MAINTENANCE LEVY	136132

The Ohio School Facilities Commission shall amend the	136133
project agreement between the Commission and a school district	136134
that is participating in the Accelerated Urban School Building	136135
Assistance Program on the effective date of this section, if the	136136
Commission determines that it is necessary to do so in order to	136137
comply with division (B)(3)(c) of section 3318.38 of the Revised	136138
Code, as amended by this act.	136139

Section 385.40. SURVEY OF COMMUNITY SPACE

136140

The Executive Director of the Ohio School Facilities	136141
Commission shall survey classroom facilities projects financed	136142
by the Commission under Chapter 3318. of the Revised Code and	136143
compile descriptions of how spaces within those facilities are	136144
used for activities, services, and programs shared between	136145
schools and other public and private entities in their	136146
communities. The Executive Director shall identify and describe	136147
such spaces included in current or completed projects and shall	136148
recommend best practices for enhancing opportunities for	136149
including shared community spaces in future projects. The	136150
Executive Director shall submit the survey and recommendations to	136151
the Commission not later than December 31, 2009.	136152

Section 385.50. EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL	136153
FACILITIES	136154

Notwithstanding any other provision of law to the contrary,	136155
the Ohio School Facilities Commission may provide assistance under	136156
the Exceptional Needs School Facilities Program established in	136157
section 3318.37 of the Revised Code to any school district, and	136158
not exclusively to a school district in the lowest seventy-five	136159
per cent of adjusted valuation per pupil on the current ranking of	136160
school districts established under section 3318.011 of the Revised	136161
Code, for the purpose of the relocation or replacement of school	136162
facilities required as a result of extreme environmental	136163
contamination.	136164

The school district's portion of a project to replace a	136165
contaminated facility undertaken pursuant to this section shall	136166
not exceed fifty per cent of the cost of the project. This	136167
paragraph does not affect the district's portion of the cost of	136168
subsequent classroom facilities projects the district may	136169
undertake under Chapter 3318. of the Revised Code.	136170

The Ohio School Facilities Commission shall contract with an	136171
independent environmental consultant to conduct a study and to	136172
report to the Commission as to the seriousness of the	136173
environmental contamination, whether the contamination violates	136174
applicable state and federal standards, and whether the facilities	136175
are no longer suitable for use as school facilities. The	136176
Commission then shall make a determination regarding funding for	136177
the relocation or replacement of the school facilities. If the	136178
federal government or other public or private entity provides	136179
funds for restitution of costs incurred by the state or school	136180
district in the relocation or replacement of the school	136181
facilities, the school district shall use such funds in excess of	136182
the school district's share to refund the state for the state's	136183
contribution to the environmental contamination portion of the	136184
project. The school district may apply an amount of such	136185
restitution funds up to an amount equal to the school district's	136186
portion of the project, as defined by the Commission, toward	136187
paying its portion of that project to reduce the amount of bonds	136188
the school district otherwise must issue to receive state	136189
assistance under sections 3318.01 to 3318.20 of the Revised Code.	136190

Section 385.60. CANTON CITY SCHOOL DISTRICT PROJECT

136191

(A) The Ohio School Facilities Commission may commit up to	136192
thirty-five million dollars to the Canton City School District for	136193
construction of a facility described in this section, in lieu of a	136194
high school that would otherwise be authorized under Chapter 3318.	136195
of the Revised Code. The Commission shall not commit funds under	136196
this section unless all of the following conditions are met:	136197

(1) The District has entered into a cooperative agreement	136198
with a state-assisted technical college;	136199

(2) The District has received an irrevocable commitment of	136200
additional funding from nonpublic sources; and	136201

(3) The facility is intended to serve both secondary and	136202
postsecondary instructional purposes.	136203

(B) The Commission shall enter into an agreement with the	136204
District for the construction of the facility authorized under	136205
this section that is separate from and in addition to the	136206
agreement required for the District's participation in the	136207
Classroom Facilities Assistance Program under section 3318.08 of	136208
the Revised Code. Notwithstanding that section and sections	136209
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	136210
agreement shall provide, but not be limited to, the following:	136211

(1) The Commission shall not have any oversight	136212
responsibilities over the construction of the facility.	136213

(2) The facility need not comply with the specifications for	136214
plans and materials for high schools adopted by the Commission.	136215

(3) The Commission may decrease the basic project cost that	136216
would otherwise be calculated for a high school under Chapter	136217
3318. of the Revised Code.	136218

(4) The state shall not share in any increases in the basic	136219
project cost for the facility above the amount authorized under	136220
this section.	136221

All other provisions of Chapter 3318. of the Revised Code	136222
apply to the approval and construction of a facility authorized	136223
under this section.	136224

The state funds committed to the facility authorized by this	136225
section shall be part of the total amount the state commits to the	136226
Canton City School District under Chapter 3318. of the Revised	136227
Code. All additional state funds committed to the Canton City	136228
School District for classroom facilities assistance shall be	136229
subject to all provisions of Chapter 3318. of the Revised Code.	136230

Section 385.70. Notwithstanding section 3318.05 of the	136231
Revised Code, for each school district whose project under	136232
sections 3318.01 to 3318.20 of the Revised Code was conditionally	136233
approved by the Ohio School Facilities Commission in July 2008,	136234
that conditional approval shall lapse and the amount reserved and	136235
encumbered for the project shall be released on December 31, 2009.	136236

Section 385.80. Notwithstanding any provision of Chapter	136237
3318. of the Revised Code to the contrary, and notwithstanding the	136238
agreement between the Cincinnati City School District and the Ohio	136239
School Facilities Commission under section 3318.08 of the Revised	136240
Code, the Commission shall encumber and pay state funds to the	136241
District in the amount of $4,000,000, in addition to the amount	136242
prescribed in that agreement, for the purpose of dedicating	136243
additional state funding toward the acquisition of the School for	136244
the Creative and Performing Arts, as that building is included in	136245
the District's project under section 3318.38 of the Revised Code.	136246
The District shall use the funds paid under this section solely	136247
for that purpose. The School for the Creative and Performing Arts	136248
need not comply with the specifications included in the Ohio	136249
Design Manual adopted by the Commission to implement classroom	136250
facilities projects under Chapter 3318. of the Revised Code. This	136251
section shall not affect any other building included in the	136252
District's project under section 3318.38 of the Revised Code, nor	136253
shall it affect the state's portion of funding for the remainder	136254
of that project.	136255

The Commission shall use funds appropriated to it for	136256
classroom facilities projects to pay the funds required under this	136257
section. The Commission shall encumber the funds required under	136258
this section in accordance with section 3318.11 of the Revised	136259
Code.	136260

Section 385.85. In fiscal year 2010, the Ohio School	136261
Facilities Commission may approve a project under the	136262
Exceptional Needs School Facilities Assistance Program	136263
established under that section for any school district that meets	136264
the following conditions:	136265

(A) The district initially applied for the Exceptional Needs	136266
Program in fiscal year 2008.	136267

(B) The district's position on the rankings certified under	136268
section 3318.011 of the Revised Code for fiscal year 2009 is	136269
higher than three hundred sixty.	136270

Section 385.90. (A) As used in this section:

136271

(1) "Basic project cost," "percentile," and "project" have	136272
the same meanings as in section 3318.01 of the Revised Code.	136273

(2) "Equity list" means the school district percentile	136274
rankings calculated under section 3318.011 of the Revised Code.	136275

(3) A school district's "portion of the basic project cost"	136276
means the amount calculated under section 3318.032 of the Revised	136277
Code.	136278

(B) Notwithstanding any provision of Chapter 3318. of the	136279
Revised Code to the contrary, in the case of a school district	136280
that received in fiscal year 2008 elector approval for a bond	136281
issue for its portion of the basic project cost of a project under	136282
sections 3318.01 to 3318.20 of the Revised Code, based on a	136283
preliminary estimated equity list projecting rankings of school	136284
districts if amendments to section 3318.011 of the Revised Code	136285
enacted by Am. Sub. H.B. 119 of the 127th General Assembly had	136286
been effective for projects in that fiscal year, and which	136287
district on the alternate equity list for fiscal year 2009 funding	136288
required by Section 733.13 of Am. Sub. H.B. 562 of the 127th	136289
General Assembly, retroactively applying those amendments, was	136290
ranked one percentile higher than on the preliminary estimated	136291
equity list, resulting in the district's calculated portion being	136292
one per cent higher than the amount projected at the time of the	136293
bond issue election, the Ohio School Facilities Commission shall	136294
reduce the district's portion to that projected on the preliminary	136295
estimated equity list.	136296

Section 385.93. (A) As used in this section, "equity list"	136297
means the school district percentile rankings calculated under	136298
section 3318.011 of the Revised Code.	136299

(B) Not later than thirty days after the effective date of	136300
this section, the Department of Education shall create an	136301
alternate equity list for fiscal year 2009, for use in fiscal year	136302
2010, by recalculating each school district's percentile ranking	136303
under section 3318.011 of the Revised Code and shall certify the	136304
alternate equity list to the Ohio School Facilities Commission.	136305
For this purpose, the Department shall recalculate each school	136306
district's percentile ranking using the district's "average	136307
taxable value" as that term is defined in the version of section	136308
3318.011 of the Revised Code, as it results from the amendments to	136309
that section enacted by this act.	136310

(C) The Commission shall use the alternate equity list	136311
certified under division (B) of this section to determine the	136312
priority for assistance under sections 3318.01 to 3318.20 of the	136313
Revised Code in fiscal year 2010 for each school district that has	136314
not previously been offered funding under those sections. However,	136315
no district that already has been offered assistance under those	136316
sections for fiscal year 2010 prior to the Commission's receipt of	136317
the alternate equity list shall be denied the opportunity for	136318
assistance under those sections for that fiscal year.	136319

(D) Notwithstanding any provision of Chapter 3318. of the	136320
Revised Code to the contrary, for each school district that	136321
receives the Commission's conditional approval of the district's	136322
project under sections 3318.01 to 3318.20 of the Revised Code in	136323
fiscal year 2010, the district's portion of the basic project cost	136324
shall be the lesser of the following:	136325

(1) The amount required under section 3318.032 of the Revised	136326
Code calculated using the percentile in which the district ranks	136327
on the alternate equity list certified under division (B) of this	136328
section;	136329

(2) The amount required under section 3318.032 of the Revised	136330
Code calculated using the percentile in which the district ranks	136331
on the original equity list for fiscal year 2009.	136332

PAYMENT OF DEBT FOR STATEHOUSE RESTORATION

136333

There is hereby appropriated from the Public School Building	136334
Fund (Fund 7021) in fiscal year 2010 the amount necessary to pay	136335
any outstanding debt obligations issued for the restoration of the	136336
Ohio Statehouse that was completed in 1996.	136337

Section 387.10. SOS SECRETARY OF STATE

136338

General Revenue Fund	136339

GRF	050321	Operating Expenses	$	2,290,508	$	2,290,508	136340
GRF	050407	Pollworkers Training	$	250,197	$	250,197	136341
TOTAL GRF General Revenue Fund			$	2,540,705	$	2,540,705	136342

General Services Fund Group	136343

4120	050609	Notary Commission	$	500,000	$	500,000	136344
4130	050601	Information Systems	$	75,000	$	50,000	136345
4140	050602	Citizen Education Fund	$	55,712	$	55,712	136346
4S80	050610	Board of Voting Machine Examiners	$	7,200	$	7,200	136347
5FG0	050620	BOE Reimbursement and Education	$	100,000	$	100,000	136348
5FH0	050621	Statewide Ballot Advertising	$	300,000	$	300,000	136349
5FJ0	050622	County Voting Machine Revolving Lease/Loan Fund	$	500,000	$	500,000	136350
TOTAL General Services Fund Group			$	1,537,912	$	1,512,912	136351

Federal Special Revenue Fund Group	136352

3AH0	050614	Election Reform/Health and Human Services	$	800,000	$	800,000	136353
3AS0	050616	2005 HAVA Voting Machines	$	3,000,000	$	3,000,000	136354
TOTAL FED Federal Special Revenue							136355
Fund Group			$	3,800,000	$	3,800,000	136356

State Special Revenue Fund Group	136357

5990	050603	Business Services Operating Expenses	$	14,086,100	$	14,245,400	136358
5N90	050607	Technology Improvements	$	180,000	$	180,000	136359
TOTAL SSR State Special Revenue							136360
Fund Group			$	14,266,100	$	14,425,400	136361

Holding Account Redistribution Fund Group	136362

R001	050605	Uniform Commercial Code Refunds	$	30,000	$	30,000	136363
R002	050606	Corporate/Business Filing Refunds	$	85,000	$	85,000	136364
TOTAL 090 Holding Account							136365
Redistribution Fund Group			$	115,000	$	115,000	136366
TOTAL ALL BUDGET FUND GROUPS			$	22,259,717	$	22,394,017	136367

BOARD OF VOTING MACHINE EXAMINERS

136368

The foregoing appropriation item 050610, Board of Voting	136369
Machine Examiners, shall be used to pay for the services and	136370
expenses of the members of the Board of Voting Machine Examiners,	136371
and for other expenses that are authorized to be paid from the	136372
Board of Voting Machine Examiners Fund, which is created in	136373
section 3506.05 of the Revised Code. Moneys not used shall be	136374
returned to the person or entity submitting equipment for	136375
examination. If it is determined that additional appropriations	136376
are necessary, such amounts are hereby appropriated.	136377

HAVA FUNDS

136378

An amount equal to the unexpended, unencumbered portion of	136379
appropriation item 050616, 2005 HAVA Voting Machines, at the end	136380
of fiscal year 2010 is reappropriated for the same purpose in	136381
fiscal year 2011.	136382

An amount equal to the unexpended, unencumbered portion of	136383
appropriation item 050614, Election Reform/Health and Human	136384
Services, at the end of fiscal year 2010 is reappropriated for the	136385
same purpose in fiscal year 2011.	136386

On July 1, 2009, or as soon as possible thereafter, the	136387
Director of Budget and Management shall transfer from the General	136388
Revenue Fund to the credit of the Election Data Collection Grant	136389
Fund (Fund 3AC0), all investment earnings and amounts equal to the	136390
interest earnings attributable to Fund 3AC0 in each quarter of	136391
fiscal year 2009 to Fund 3AC0. An amount equal to the unexpended,	136392
unencumbered portion of appropriation item 050619, Election Data	136393
Collection Grant, at the end of fiscal year 2009 is reappropriated	136394
in fiscal year 2010 for the same purpose.	136395

The Director of Budget and Management shall credit the	136396
ongoing interest earnings from the Election Reform/Health and	136397
Human Services Fund (Fund 3AH0), the 2005 HAVA Voting Machines	136398
Fund (Fund 3AS0), and the Election Data Collection Grant Fund	136399
(Fund 3AC0) to the respective funds and distribute these earnings	136400
in accordance with the terms of the grant under which the money	136401
is received.	136402

HOLDING ACCOUNT REDISTRIBUTION GROUP

136403

The foregoing appropriation items 050605, Uniform Commercial	136404
Code Refunds, and 050606, Corporate/Business Filing Refunds, shall	136405
be used to hold revenues until they are directed to the	136406
appropriate accounts or until they are refunded. If it is	136407
determined that additional appropriations are necessary, such	136408
amounts are hereby appropriated.	136409

CASH TRANSFER TO THE CORPORATE AND UNIFORM COMMERCIAL CODE	136410
FILING FUND	136411

On July 1, 2009, or as soon as possible thereafter, the	136412
Director of Budget and Management shall transfer $53,915.40 cash	136413
from the Public Utility Territorial Administration Fund (Fund	136414
5590) to the Corporate and Uniform Commercial Code Filing Fund	136415
(Fund 5990).	136416

Section 389.10. SEN THE OHIO SENATE

136417

General Revenue Fund	136418

GRF	020321		Operating Expenses		$	10,911,095		$	10,911,095		136419
TOTAL GRF General Revenue Fund					$	10,911,095		$	10,911,095		136420

General Services Fund Group	136421

1020	020602	Senate Reimbursement	$	852,001	$	852,001	136422
4090	020601	Miscellaneous Sales	$	34,497	$	34,497	136423
TOTAL GSF General Services							136424
Fund Group			$	886,498	$	886,498	136425
TOTAL ALL BUDGET FUND GROUPS			$	11,797,593	$	11,797,593	136426

OPERATING EXPENSES

136427

On July 1, 2009, or as soon as possible thereafter, the Clerk	136428
of the Senate may certify to the Director of Budget and Management	136429
the amount of the unexpended, unencumbered balance of the	136430
foregoing appropriation item 020321, Operating Expenses, at the	136431
end of fiscal year 2009 to be reappropriated to fiscal year 2010.	136432
The amount certified is hereby reappropriated to the same	136433
appropriation item for fiscal year 2010.	136434

On July 1, 2010, or as soon as possible thereafter, the Clerk	136435
of the Senate may certify to the Director of Budget and Management	136436
the amount of the unexpended, unencumbered balance of the	136437
foregoing appropriation item 020321, Operating Expenses, at the	136438
end of fiscal year 2010 to be reappropriated to fiscal year 2011.	136439
The amount certified is hereby reappropriated to the same	136440
appropriation item for fiscal year 2011.	136441

Section 391.10. CSF COMMISSIONERS OF THE SINKING FUND

136442

Debt Service Fund Group	136443

7070	155905	Third Frontier Research and Development Bond Retirement Fund	$	20,948,300	$	29,011,600	136444
7072	155902	Highway Capital Improvement Bond Retirement Fund	$	202,074,000	$	203,434,200	136445
7073	155903	Natural Resources Bond Retirement Fund	$	26,334,400	$	26,549,400	136446
7074	155904	Conservation Projects Bond Service Fund	$	20,711,100	$	25,684,900	136447
7076	155906	Coal Research and Development Bond Retirement Fund	$	9,968,400	$	10,947,000	136448
7077	155907	State Capital Improvement Bond Retirement Fund	$	148,331,900	$	163,443,500	136449
7078	155908	Common Schools Bond Retirement Fund	$	192,559,200	$	165,510,500	136450
7079	155909	Higher Education Bond Retirement Fund	$	85,317,700	$	89,480,300	136451
7090	155912	Job Ready Site Development Bond Retirement Fund	$	5,685,400	$	10,601,900	136452
TOTAL DSF Debt Service Fund Group			$	711,930,400	$	724,663,300	136453
TOTAL ALL BUDGET FUND GROUPS			$	711,930,400	$	724,663,300	136454

ADDITIONAL APPROPRIATIONS

136455

Appropriation items in this section are for the purpose of	136456
paying debt service and financing costs on bonds or notes of the	136457
state issued under the Ohio Constitution and acts of the General	136458
Assembly. If it is determined that additional amounts are	136459
necessary for this purpose, such amounts are hereby appropriated.	136460

Section 393.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	136461
DEVELOPMENT FOUNDATION	136462

Tobacco Master Settlement Agreement Fund Group	136463

5M90	945601	Operating Expenses	$	450,000	$	450,000	136464
TOTAL TMF Tobacco Master Settlement Agreement Fund Group			$	450,000	$	450,000	136465
TOTAL ALL BUDGET FUND GROUPS			$	450,000	$	450,000	136466

Section 395.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	136468
AUDIOLOGY	136469

General Services Fund Group	136470

4K90	886609	Operating Expenses	$	425,000	$	425,000	136471
TOTAL GSF General Services							136472
Fund Group			$	425,000	$	425,000	136473
TOTAL ALL BUDGET FUND GROUPS			$	425,000	$	425,000	136474

Section 397.10. BTA BOARD OF TAX APPEALS

136476

General Revenue Fund	136477

GRF	116321	Operating Expenses	$	1,149,715	$	1,149,715	136478
TOTAL GRF General Revenue Fund			$	1,149,715	$	1,149,715	136479
TOTAL ALL BUDGET FUND GROUPS			$	1,149,715	$	1,149,715	136480

Section 399.10. TAX DEPARTMENT OF TAXATION

136482

General Revenue Fund	136483

GRF	110321	Operating Expenses	$	87,841,056	$	89,941,055	136484
GRF	110404	Tobacco Settlement Enforcement	$	265,708	$	265,708	136485
GRF	110412	Child Support Administration	$	17,561	$	17,561	136486
GRF	110901	Property Tax Allocation - Taxation	$	598,917,420	$	577,463,014	136487
TOTAL GRF General Revenue Fund			$	687,041,745	$	667,687,338	136488

General Services Fund Group	136489

2280	110628	Tax Reform System Implementation	$	13,600,000	$	13,600,000	136490
4330	110602	Tape File Account	$	125,000	$	125,000	136491
5AP0	110632	Discovery Project	$	2,000,000	$	2,000,000	136492
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	136493
5N50	110605	Municipal Income Tax Administration	$	600,000	$	600,000	136494
5N60	110618	Kilowatt Hour Tax Administration	$	100,000	$	100,000	136495
5V80	110623	Property Tax Administration	$	12,000,000	$	12,000,000	136496
5W40	110625	Centralized Tax Filing and Payment	$	200,000	$	200,000	136497
5W70	110627	Exempt Facility Administration	$	60,000	$	60,000	136498
TOTAL GSF General Services							136499
Fund Group			$	28,935,000	$	28,935,000	136500

State Special Revenue Fund Group	136501

4350	110607	Local Tax Administration	$	18,000,000	$	18,000,000	136502
4360	110608	Motor Vehicle Audit	$	1,000,000	$	1,000,000	136503
4370	110606	Income Tax Contribution Administration	$	200,000	$	200,000	136504
4380	110609	School District Income Tax	$	5,500,000	$	5,500,000	136505
4C60	110616	International Registration Plan	$	706,855	$	706,855	136506
4R60	110610	Tire Tax Administration	$	200,000	$	200,000	136507
5V70	110622	Motor Fuel Tax Administration	$	4,700,000	$	4,700,000	136508
6390	110614	Cigarette Tax Enforcement	$	1,900,000	$	1,900,000	136509
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	136510
6880	110615	Local Excise Tax Administration	$	800,000	$	800,000	136511
TOTAL SSR State Special Revenue							136512
Fund Group			$	33,506,855	$	33,506,855	136513

Agency Fund Group	136514

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	136515
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	136516
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	136517

Holding Account Redistribution Fund Group	136518

R010	110611	Tax Distributions	$	50,000	$	50,000	136519
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	136520
TOTAL 090 Holding Account							136521
Redistribution Fund Group			$	100,000	$	100,000	136522
TOTAL ALL BUDGET FUND GROUPS			$	2,317,383,600	$	2,298,029,193	136523

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	136524
EXEMPTION	136525

The foregoing appropriation item 110901, Property Tax	136526
Allocation - Taxation, is hereby appropriated to pay for the	136527
state's costs incurred due to the Homestead Exemption, the	136528
Manufactured Home Property Tax Rollback, and the Property Tax	136529
Rollback. The Tax Commissioner shall distribute these funds	136530
directly to the appropriate local taxing districts, except for	136531
school districts, notwithstanding the provisions in sections	136532
321.24 and 323.156 of the Revised Code, which provide for payment	136533
of the Homestead Exemption, the Manufactured Home Property Tax	136534
Rollback, and Property Tax Rollback by the Tax Commissioner to the	136535
appropriate county treasurer and the subsequent redistribution of	136536
these funds to the appropriate local taxing districts by the	136537
county auditor.	136538

Upon receipt of these amounts, each local taxing district	136539
shall distribute the amount among the proper funds as if it had	136540
been paid as real property taxes. Payments for the costs of	136541
administration shall continue to be paid to the county treasurer	136542
and county auditor as provided for in sections 319.54, 321.26, and	136543
323.156 of the Revised Code.	136544

Any sums, in addition to the amounts specifically	136545
appropriated in appropriation item 110901, Property Tax Allocation	136546
- Taxation, for the Homestead Exemption, the Manufactured Home	136547
Property Tax Rollback, and the Property Tax Rollback payments,	136548
which are determined to be necessary for these purposes, are	136549
hereby appropriated.	136550

MUNICIPAL INCOME TAX

136551

The foregoing appropriation item 110995, Municipal Income	136552
Tax, shall be used to make payments to municipal corporations	136553
under section 5745.05 of the Revised Code. If it is determined	136554
that additional appropriations are necessary to make such	136555
payments, such amounts are hereby appropriated.	136556

TAX REFUNDS

136557

The foregoing appropriation item 110635, Tax Refunds, shall	136558
be used to pay refunds under section 5703.052 of the Revised Code.	136559
If it is determined that additional appropriations are necessary	136560
for this purpose, such amounts are hereby appropriated.	136561

INTERNATIONAL REGISTRATION PLAN AUDIT

136562

The foregoing appropriation item 110616, International	136563
Registration Plan, shall be used under section 5703.12 of the	136564
Revised Code for audits of persons with vehicles registered under	136565
the International Registration Plan.	136566

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

136567

Of the foregoing appropriation item 110607, Local Tax	136568
Administration, the Tax Commissioner may disburse funds, if	136569
available, for the purposes of paying travel expenses incurred by	136570
members of Ohio's delegation to the Streamlined Sales Tax Project,	136571
as appointed under section 5740.02 of the Revised Code. Any travel	136572
expense reimbursement paid for by the Department of Taxation shall	136573
be done in accordance with applicable state laws and guidelines.	136574

CENTRALIZED TAX FILING AND PAYMENT FUND

136575

The Director of Budget and Management, under a plan submitted	136576
by the Tax Commissioner, or as otherwise determined by the	136577
Director of Budget and Management, shall set a schedule to	136578
transfer cash from the General Revenue Fund to the credit of the	136579
Centralized Tax Filing and Payment Fund (Fund 5W40). The transfers	136580
of cash shall not exceed $400,000 in the biennium.	136581

TOBACCO SETTLEMENT ENFORCEMENT

136582

The foregoing appropriation item 110404, Tobacco Settlement	136583
Enforcement, shall be used by the Tax Commissioner to pay costs	136584
incurred in the enforcement of divisions (F) and (G) of section	136585
5743.03 of the Revised Code.	136586

LOCAL GOVERNMENT PROPERTY TAX REPLACEMENT - BUSINESS

136587

Notwithstanding section 5751.22(A)(1)(b) of the Revised Code,	136588
payments to local taxing units by May 31, 2011, required by	136589
section 5751.22(C) of the Revised Code shall be in an amount equal	136590
to each of the losses determined under division (D) of section	136591
5751.20 of the Revised Code multiplied by one hundred per cent.	136592

Section 399.20. COMMERCIAL ACTIVITY TAX

136593

(A) Any term used in this section has the same meaning as in	136594
section 5751.01 of the Revised Code.	136595

(B)(1) A person is not required to pay the annual minimum	136596
commercial activity tax due for calendar year 2005 or 2006 under	136597
Chapter 5751. of the Revised Code if the person satisfies all of	136598
the following:	136599

(a) The person was not subject to the tax for those years	136600
because the person did not have nexus with this state or was an	136601
excluded person under division (E)(1) of section 5751.01 of the	136602
Revised Code;	136603

(b) The person erroneously registered for the tax and failed	136604
to cancel the registration before May 10, 2006;	136605

(c) The person canceled its commercial activity tax	136606
registration before February 10, 2007, and was not required to	136607
file the returns and pay the annual minimum tax due February 9,	136608
2007, February 9, 2008, or February 9, 2009.	136609

(2) Notwithstanding division (E) of section 5751.08 of the	136610
Revised Code, if a person satisfying divisions (B)(1)(a), (b), and	136611
(c) of this section paid the tax due for calendar year 2005 or	136612
2006 after being contacted by the Department of Taxation, the	136613
person may request a refund of the amount paid for that year under	136614
that section.	136615

(C) The Tax Commissioner shall cancel the registration of	136616
each such person for which the registration has not yet been	136617
canceled.	136618

Section 401.10. DOT DEPARTMENT OF TRANSPORTATION

136619

General Revenue Fund	136620

GRF	775451	Public Transportation - State	$	10,870,642	$	10,870,642	136621
GRF	776465	Ohio Rail Development Commission	$	2,287,950	$	2,287,950	136622
GRF	777471	Airport Improvements - State	$	923,064	$	923,064	136623
TOTAL GRF General Revenue Fund			$	14,081,656	$	14,081,656	136624
TOTAL ALL BUDGET FUND GROUPS			$	14,081,656	$	14,081,656	136625

Section 403.10. TOS TREASURER OF STATE

136627

General Revenue Fund	136628

GRF	090321	Operating Expenses	$	8,281,875	$	8,281,875	136629
GRF	090401	Office of the Sinking	$	537,223	$	537,223	136630
		Fund					136631
GRF	090402	Continuing Education	$	403,959	$	403,959	136632
GRF	090524	Police and Fire	$	8,000	$	7,500	136633
		Disability Pension Fund					136634
GRF	090534	Police and Fire Ad Hoc Cost	$	95,000	$	90,000	136635
		of Living					136636
GRF	090554	Police and Fire Survivor	$	720,000	$	680,000	136637
		Benefits					136638
GRF	090575	Police and Fire Death	$	20,000,000	$	20,000,000	136639
		Benefits					136640
TOTAL GRF General Revenue Fund			$	30,046,057	$	30,000,557	136641

General Services Fund Group	136642

4E90	090603	Securities Lending Income	$	4,200,000	$	4,200,000	136643
5770	090605	Investment Pool	$	550,000	$	550,000	136644
		Reimbursement					136645
5C50	090602	County Treasurer Education	$	150,000	$	150,000	136646
6050	090609	Treasurer of State	$	185,000	$	185,000	136647
		Administrative Fund					136648
TOTAL GSF General Services							136649
Fund Group			$	5,085,000	$	5,085,000	136650

Agency Fund Group	136651

4250	090635	Tax Refunds	$	31,000,000	$	31,000,000	136652
TOTAL Agency Fund Group			$	31,000,000	$	31,000,000	136653
TOTAL ALL BUDGET FUND GROUPS			$	66,131,057	$	66,085,557	136654

Section 403.20. OFFICE OF THE SINKING FUND

136656

The foregoing appropriation item 090401, Office of the	136657
Sinking Fund, shall be used for costs incurred by or on behalf of	136658
the Commissioners of the Sinking Fund and the Ohio Public	136659
Facilities Commission with respect to State of Ohio general	136660
obligation bonds or notes, and the Treasurer of State with respect	136661
to State of Ohio general obligation and special obligation bonds	136662
or notes, including, but not limited to, printing, advertising,	136663
delivery, rating fees and the procurement of ratings, professional	136664
publications, membership in professional organizations, and other	136665
services referred to in division (D) of section 151.01 of the	136666
Revised Code. The General Revenue Fund shall be reimbursed for	136667
such costs relating to the issuance and administration of Highway	136668
Capital Improvement bonds or notes authorized under Ohio	136669
Constitution, Article VIII, Section 2m and Chapter 151. of the	136670
Revised Code. That reimbursement shall be made from appropriation	136671
item 155902, Highway Capital Improvement Bond Retirement Fund, by	136672
intrastate transfer voucher pursuant to a certification by the	136673
Office of the Sinking Fund of the actual amounts used. The	136674
amounts necessary to make such a reimbursement are hereby	136675
appropriated from the Highway Capital Improvement Bond Retirement	136676
Fund created in section 151.06 of the Revised Code.	136677

POLICE AND FIRE DEATH BENEFIT FUND

136678

The foregoing appropriation item 090575, Police and Fire	136679
Death Benefits, shall be disbursed quarterly by the Treasurer of	136680
State at the beginning of each quarter of each fiscal year to the	136681
Board of Trustees of the Ohio Police and Fire Pension Fund. The	136682
Treasurer of State shall certify such amounts quarterly to the	136683
Director of Budget and Management. By the twentieth day of June of	136684
each fiscal year, the Board of Trustees of the Ohio Police and	136685
Fire Pension Fund shall certify to the Treasurer of State the	136686
amount disbursed in the current fiscal year to make the payments	136687
required by section 742.63 of the Revised Code and shall return to	136688
the Treasurer of State moneys received from this appropriation	136689
item but not disbursed.	136690

TAX REFUNDS

136691

The foregoing appropriation item 090635, Tax Refunds, shall	136692
be used to pay refunds under section 5703.052 of the Revised Code.	136693
If the Director of Budget and Management determines that	136694
additional amounts are necessary for this purpose, such amounts	136695
are hereby appropriated.	136696

Section 405.10. TTA OHIO TUITION TRUST

136697

State Special Revenue Fund Group	136698

5P30	095602	Variable Savings Plans	$	6,175,707	$	6,156,515	136699
6450	095601	Guaranteed Savings Plan	$	842,959	$	862,150	136700
TOTAL SSR State Special Revenue							136701
Fund Group			$	7,018,666	$	7,018,665	136702
TOTAL ALL BUDGET FUND GROUPS			$	7,018,666	$	7,018,665	136703

FUND ABOLITION

136704

On July 1, 2009, or as soon as possible thereafter, the	136705
Director of Budget and Management shall transfer the cash balance	136706
in the Index Savings Plan Fund (Fund 5AM0) to the Variable Savings	136707
Fund (Fund 5P30). The Director shall cancel any existing	136708
encumbrances against appropriation item 095603, Index Savings	136709
Plan, and re-establish them against appropriation item 095602,	136710
Variable Savings Plans. The re-established encumbrance amounts	136711
are hereby appropriated. Upon completion of these transfers, Fund	136712
5AM0 is hereby abolished.	136713

On July 1, 2009, or as soon as possible thereafter, the	136714
Director of Budget and Management shall transfer the cash balance	136715
in the Banking Products Fund (Fund 5DC0) to the Variable College	136716
Savings Fund (Fund 5P30). The Director shall cancel any existing	136717
encumbrances against appropriation item 095604, Banking Products,	136718
and re-establish them against appropriation item 095602, Variable	136719
Savings Plans. The re-established encumbrance amounts are hereby	136720
appropriated. Upon completion of these transfers, Fund 5DC0 is	136721
hereby abolished.	136722

Section 407.10. VTO VETERANS' ORGANIZATIONS

136723

General Revenue Fund	136724

VAP AMERICAN EX-PRISONERS OF WAR	136725

GRF

743501

State Support

27,533

136726

VAN ARMY AND NAVY UNION, USA, INC.	136727

GRF

746501

State Support

60,513

136728

VKW KOREAN WAR VETERANS	136729

GRF

747501

State Support

54,398

136730

VJW JEWISH WAR VETERANS	136731

GRF

748501

State Support

32,687

136732

VCW CATHOLIC WAR VETERANS	136733

GRF

749501

State Support

63,789

136734

VPH MILITARY ORDER OF THE PURPLE HEART	136735

GRF

750501

State Support

62,015

136736

VVV VIETNAM VETERANS OF AMERICA	136737

GRF

751501

State Support

204,549

136738

VAL AMERICAN LEGION OF OHIO	136739

GRF

752501

State Support

332,561

136740

VII AMVETS	136741

GRF

753501

State Support

316,711

136742

VAV DISABLED AMERICAN VETERANS	136743

GRF

754501

State Support

237,939

136744

VMC MARINE CORPS LEAGUE	136745

GRF

756501

State Support

127,569

136746

V37 37TH DIVISION AEF VETERANS' ASSOCIATION	136747

GRF

757501

State Support

6,541

136748

VFW VETERANS OF FOREIGN WARS	136749

GRF

758501

State Support

271,277

136750

TOTAL GRF General Revenue Fund					$	1,798,082		$	1,798,082		136751
TOTAL ALL BUDGET FUND GROUPS					$	1,798,082		$	1,798,082		136752

RELEASE OF FUNDS

136753

The Director of Budget and Management may release the	136754
foregoing appropriation items 743501, 746501, 747501, 748501,	136755
749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501,	136756
and 758501, State Support.	136757

Section 409.10. DVS DEPARTMENT OF VETERANS SERVICES

136758

General Revenue Fund	136759

GRF	900100	Personal Services	$	25,219,282	$	25,219,282	136760
GRF	900200	Maintenance	$	4,427,264	$	4,427,264	136761
GRF	900402	Hall of Fame	$	118,750	$	118,750	136762
GRF	900403	Veteran Record Conversion	$	40,631	$	40,631	136763
GRF	900408	Department of Veterans Services	$	2,054,790	$	2,054,790	136764
TOTAL GRF General Revenue Fund			$	31,860,717	$	31,860,717	136765

General Services Fund Group	136766

4840	900603		Veterans Home Services		$	770,000		$	850,000		136767
TOTAL GSF General Services Fund Group					$	770,000		$	850,000		136768

Federal Special Revenue Fund Group	136769

3680	900614	Veterans Training	$	745,892	$	745,892	136770
3740	900606	Troops to Teachers	$	100,000	$	100,000	136771
3BX0	900609	Medicare Services	$	2,000,000	$	2,200,000	136772
3L20	900601	Veterans Home Operations - Federal	$	16,979,245	$	17,454,046	136773
TOTAL FED Federal Special Revenue							136774
Fund Group			$	19,825,137	$	20,499,938	136775

State Special Revenue Fund Group	136776

4E20	900602	Veterans Home Operating	$	9,314,438	$	9,780,751	136777
6040	900604	Veterans Home Improvement	$	1,541,020	$	1,700,000	136778
TOTAL SSR State Special Revenue							136779
Fund Group			$	10,855,458	$	11,480,751	136780
TOTAL ALL BUDGET FUND GROUPS			$	63,311,312	$	64,691,406	136781

Section 411.10. DVM STATE VETERINARY MEDICAL BOARD

136783

General Services Fund Group	136784

4K90	888609	Operating Expenses	$	319,407	$	319,407	136785
TOTAL GSF General Services							136786
Fund Group			$	319,407	$	319,407	136787
TOTAL ALL BUDGET FUND GROUPS			$	319,407	$	319,407	136788

Section 413.10. DYS DEPARTMENT OF YOUTH SERVICES

136790

General Revenue Fund	136791

GRF	470401	RECLAIM Ohio	$	196,288,874	$	184,026,374	136792
GRF	470412	Lease Rental Payments	$	22,863,300	$	26,043,900	136793
GRF	470510	Youth Services	$	16,702,728	$	16,702,728	136794
GRF	472321	Parole Operations	$	11,400,020	$	11,400,020	136795
GRF	477321	Administrative Operations	$	13,342,557	$	13,580,057	136796
TOTAL GRF General Revenue Fund			$	260,597,479	$	251,753,079	136797

General Services Fund Group	136798

1750	470613	Education Reimbursement	$	11,000,000	$	11,000,000	136799
4790	470609	Employee Food Service	$	200,000	$	150,000	136800
4A20	470602	Child Support	$	450,000	$	450,000	136801
4G60	470605	General Operational Funds	$	250,000	$	250,000	136802
5BN0	470629	E-Rate Program	$	35,000	$	35,000	136803
TOTAL GSF General Services							136804
Fund Group			$	11,935,000	$	11,885,000	136805

Federal Special Revenue Fund Group	136806

3210	470601	Education	$	6,531,076	$	5,455,413	136807
3210	470603	Juvenile Justice Prevention	$	300,000	$	300,000	136808
3210	470606	Nutrition	$	2,750,000	$	2,750,000	136809
3210	470610	Rehabilitation Programs	$	36,000	$	36,000	136810
3210	470614	Title IV-E Reimbursements	$	6,000,000	$	6,000,000	136811
3BH0	470630	Federal Juvenile Programs FFY 06	$	50,000	$	0	136812
3BT0	470634	Federal Juvenile Programs	$	50,000	$	0	136813
3BY0	470635	Federal Juvenile Programs FFY 07	$	334,000	$	335,000	136814
3BZ0	470636	Federal Juvenile Programs FFY 08	$	653,350	$	570,700	136815
3CP0	470638	Federal Juvenile Programs FFY 09	$	500,000	$	500,000	136816
3CR0	470639	Federal Juvenile Programs FFY 10	$	0	$	500,000	136817
3V50	470604	Juvenile Justice/Delinquency Prevention	$	1,935,300	$	2,361,000	136818
3Z80	470625	Federal Juvenile Programs FFY 04	$	2,000	$	0	136819
3Z90	470626	Federal Juvenile Programs FFY 05	$	2,000	$	0	136820
TOTAL FED Federal Special Revenue							136821
Fund Group			$	19,143,726	$	18,808,113	136822

State Special Revenue Fund Group	136823

1470	470612	Vocational Education	$	2,166,296	$	2,788,906	136824
5BH0	470628	Partnerships for Success	$	1,500,000	$	1,500,000	136825
TOTAL SSR State Special Revenue							136826
Fund Group			$	3,666,296	$	4,288,906	136827
TOTAL ALL BUDGET FUND GROUPS			$	295,342,501	$	286,735,098	136828

OHIO BUILDING AUTHORITY LEASE PAYMENTS

136829

The foregoing appropriation item 470412, Lease Rental	136830
Payments, shall be used to meet all payments to the Ohio Building	136831
Authority for the period from July 1, 2009, to June 30, 2011,	136832
under the leases and agreements for facilities made under Chapter	136833
152. of the Revised Code. This appropriation is the source of	136834
funds pledged for bond service charges on related obligations	136835
issued pursuant to Chapter 152. of the Revised Code.	136836

EDUCATION REIMBURSEMENT

136837

The foregoing appropriation item 470613, Education	136838
Reimbursement, shall be used to fund the operating expenses of	136839
providing educational services to youth supervised by the	136840
Department of Youth Services. Operating expenses include, but are	136841
not limited to, teachers' salaries, maintenance costs, and	136842
educational equipment. This appropriation item may be used for	136843
capital expenses related to the education program.	136844

EMPLOYEE FOOD SERVICE AND EQUIPMENT

136845

Notwithstanding section 125.14 of the Revised Code, the	136846
foregoing appropriation item 470609, Employee Food Service, may be	136847
used to purchase any food operational items with funds received	136848
into the fund from reimbursements for state surplus property.	136849

Section 503.10. PERSONAL SERVICE EXPENSES

136850

Unless otherwise prohibited by law, any appropriation from	136851
which personal service expenses are paid shall bear the employer's	136852
share of public employees' retirement, workers' compensation,	136853
disabled workers' relief, and all group insurance programs; the	136854
costs of centralized accounting, centralized payroll processing,	136855
and related personnel reports and services; the cost of the Office	136856
of Collective Bargaining; the cost of the Employee Assistance	136857
Program; the cost of the affirmative action and equal employment	136858
opportunity programs administered by the Department of	136859
Administrative Services; the costs of interagency information	136860
management infrastructure; and the cost of administering the state	136861
employee merit system as required by section 124.07 of the Revised	136862
Code. These costs shall be determined in conformity with the	136863
appropriate sections of law and paid in accordance with procedures	136864
specified by the Office of Budget and Management. Expenditures	136865
from appropriation item 070601, Public Audit Expense - Local	136866
Government, may be exempted from the requirements of this section.	136867

Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	136868
AGAINST THE STATE	136869

Except as otherwise provided in this section, an	136870
appropriation in this act or any other act may be used for the	136871
purpose of satisfying judgments, settlements, or administrative	136872
awards ordered or approved by the Court of Claims or by any other	136873
court of competent jurisdiction in connection with civil actions	136874
against the state. This authorization does not apply to	136875
appropriations to be applied to or used for payment of guarantees	136876
by or on behalf of the state, or for payments under lease	136877
agreements relating to, or debt service on, bonds, notes, or other	136878
obligations of the state. Notwithstanding any other statute to the	136879
contrary, this authorization includes appropriations from funds	136880
into which proceeds of direct obligations of the state are	136881
deposited only to the extent that the judgment, settlement, or	136882
administrative award is for, or represents, capital costs for	136883
which the appropriation may otherwise be used and is consistent	136884
with the purpose for which any related obligations were issued or	136885
entered into. Nothing contained in this section is intended to	136886
subject the state to suit in any forum in which it is not	136887
otherwise subject to suit, and is not intended to waive or	136888
compromise any defense or right available to the state in any suit	136889
against it.	136890

Section 503.30. CAPITAL PROJECT SETTLEMENTS

136891

This section specifies an additional and supplemental	136892
procedure to provide for payments of judgments and settlements if	136893
the Director of Budget and Management determines, pursuant to	136894
division (C)(4) of section 2743.19 of the Revised Code, that	136895
sufficient unencumbered moneys do not exist in the fund to support	136896
a particular appropriation to pay the amount of a final judgment	136897
rendered against the state or a state agency, including the	136898
settlement of a claim approved by a court, in an action upon and	136899
arising out of a contractual obligation for the construction or	136900
improvement of a capital facility if the costs under the contract	136901
were payable in whole or in part from a state capital projects	136902
appropriation. In such a case, the Director may either proceed	136903
pursuant to division (C)(4) of section 2743.19 of the Revised Code	136904
or apply to the Controlling Board to increase an appropriation or	136905
create an appropriation out of any unencumbered moneys in the	136906
state treasury to the credit of the capital projects fund from	136907
which the initial state appropriation was made. The amount of an	136908
increase in appropriation or new appropriation approved by the	136909
Controlling Board is hereby appropriated from the applicable	136910
capital projects fund and made available for the payment of the	136911
judgment or settlement.	136912

If the Director does not make the application authorized by	136913
this section or the Controlling Board disapproves the application,	136914
and the Director does not make application under division (C)(4)	136915
of section 2743.19 of the Revised Code, the Director shall for the	136916
purpose of making that payment make a request to the General	136917
Assembly as provided for in division (C)(5) of that section.	136918

Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS

136919

In order to provide funds for the reissuance of voided	136920
warrants under section 126.37 of the Revised Code, there is hereby	136921
appropriated, out of moneys in the state treasury from the fund	136922
credited as provided in section 126.37 of the Revised Code, that	136923
amount sufficient to pay such warrants when approved by the Office	136924
of Budget and Management.	136925

Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	136926
BALANCES OF OPERATING APPROPRIATIONS	136927

(A) An unexpended balance of an operating appropriation or	136928
reappropriation that a state agency lawfully encumbered prior to	136929
the close of a fiscal year is hereby reappropriated on the first	136930
day of July of the following fiscal year from the fund from which	136931
it was originally appropriated or reappropriated for the	136932
following period and shall remain available only for the	136933
purpose of discharging the encumbrance:	136934

(1) For an encumbrance for personal services, maintenance,	136935
equipment, or items for resale, other than an encumbrance for an	136936
item of special order manufacture not available on term contract	136937
or in the open market or for reclamation of land or oil and gas	136938
wells, for a period of not more than five months from the end of	136939
the fiscal year;	136940

(2) For an encumbrance for an item of special order	136941
manufacture not available on term contract or in the open market,	136942
for a period of not more than five months from the end of the	136943
fiscal year or, with the written approval of the Director of	136944
Budget and Management, for a period of not more than twelve months	136945
from the end of the fiscal year;	136946

(3) For an encumbrance for reclamation of land or oil and gas	136947
wells, for a period ending when the encumbered appropriation is	136948
expended or for a period of two years, whichever is less;	136949

(4) For an encumbrance for any other expense, for such period	136950
as the Director approves, provided such period does not exceed two	136951
years.	136952

(B) Any operating appropriations for which unexpended	136953
balances are reappropriated beyond a five-month period from the	136954
end of the fiscal year by division (A)(2) of this section shall be	136955
reported to the Controlling Board by the Director of Budget and	136956
Management by the thirty-first day of December of each year. The	136957
report on each such item shall include the item, the cost of the	136958
item, and the name of the vendor. The report shall be updated on	136959
a quarterly basis for encumbrances remaining open.	136960

(C) Upon the expiration of the reappropriation period set	136961
out in division (A) of this section, a reappropriation made by	136962
this section lapses, and the Director of Budget and Management	136963
shall cancel the encumbrance of the unexpended reappropriation	136964
not later than the end of the weekend following the expiration	136965
of the reappropriation period.	136966

(D) Notwithstanding division(C) of this section, with the	136967
approval of the Director of Budget and Management, an unexpended	136968
balance of an encumbrance that was reappropriated on the first	136969
day of July by this section for a period specified in division	136970
(A)(3) or (4) of this section and that remains encumbered at the	136971
close of the fiscal biennium is hereby reappropriated on the	136972
first day of July of the following fiscal biennium from the fund	136973
from which it was originally appropriated or reappropriated for	136974
the applicable period specified in division (A)(3) or (4) of this	136975
section and shall remain available only for the purpose of	136976
discharging the encumbrance.	136977

(E) The Director of Budget and Management may correct	136978
accounting errors committed by the staff of the Office of Budget	136979
and Management, such as re-establishing encumbrances or	136980
appropriations cancelled in error, during the cancellation of	136981
operating encumbrances in November and of nonoperating	136982
encumbrances in December.	136983

(F) If the Controlling Board approved a purchase, that	136984
approval remains in effect so long as the appropriation used to	136985
make that purchase remains encumbered.	136986

Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	136987
RE-ESTABLISHMENT OF ENCUMBRANCES	136988

Any cash transferred by the Director of Budget and Management	136989
under section 126.15 of the Revised Code is hereby appropriated.	136990
Any amounts necessary to re-establish appropriations or	136991
encumbrances under section 126.15 of the Revised Code are hereby	136992
appropriated.	136993

Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES

136994

There are hereby appropriated out of any moneys in the state	136995
treasury to the credit of the General Revenue Fund, which are not	136996
otherwise appropriated, funds sufficient to make any payment	136997
required by division (B)(2) of section 5747.03 of the Revised	136998
Code.	136999

Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES	137000
APPROVED BY THE CONTROLLING BOARD	137001

Any money that the Controlling Board approves for expenditure	137002
or any increase in appropriation that the Controlling Board	137003
approves under sections 127.14, 131.35, and 131.39 of the Revised	137004
Code or any other provision of law is hereby appropriated for the	137005
period ending June 30, 2011.	137006

Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S	137007
RESIDENCE	137008

If the Governor's Residence Fund (Fund 4H20) receives payment	137009
for use of the residence pursuant to section 107.40 of the Revised	137010
Code, the amounts so received are hereby appropriated to	137011
appropriation item 100604, Governor's Residence Gift.	137012

Section 503.95. The Director of Transportation shall permit	137013
the construction of a curb cut on State Route 91, near Vine	137014
Street, in Lake County.	137015

Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

137016

Unless the agency and nuclear electric utility mutually agree	137017
to a higher amount by contract, the maximum amounts that may be	137018
assessed against nuclear electric utilities under division (B)(2)	137019
of section 4937.05 of the Revised Code and deposited into the	137020
specified funds are as follows:	137021

Fund	User		FY 2010		FY 2011	137022
Utility Radiological Safety Fund (Fund 4E40)	Department of Agriculture	$	134,631	$	134,631	137023
Radiation Emergency Response Fund (Fund 6100)	Department of Health	$	887,445	$	920,372	137024
ER Radiological Safety Fund (Fund 6440)	Environmental Protection Agency	$	286,114	$	286,114	137025
Emergency Response Plan Fund (Fund 6570)	Department of Public Safety	$	1,413,889	$	1,415,945	137026

Section 506.20. On July 1, 2009, and on the first day of the	137027
month for each month thereafter, the Treasurer of State, before	137028
making any of the distributions specified in sections 5735.23,	137029
5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit	137030
the first 2 per cent of the amount of motor fuel tax received for	137031
the preceding calendar month to the credit of the Highway	137032
Operating Fund (Fund 7002). Upon the written request of the	137033
Director of Public Safety, the Director of Budget and Management	137034
may make periodic transfers of cash totaling $16,220,000 in each	137035
fiscal year from the Highway Operating Fund (Fund 7002) to the	137036
State Highway Safety Fund (Fund 7036).	137037

Section 509.10. (A) There is hereby created the Budget	137038
Planning and Management Commission, consisting of six members. The	137039
Speaker of the House of Representatives shall appoint three	137040
members of the House of Representatives, not more than two of whom	137041
shall be members of the same political party, and the President of	137042
the Senate shall appoint three members of the Senate, not more	137043
than two of whom shall be members of the same political party. The	137044
initial appointments shall be made not later than ninety days	137045
after the effective date of this section. Vacancies shall be	137046
filled in the manner provided for original appointments.	137047

(B) The commission shall complete a study and make	137048
recommendations that are designed to provide relief to the state	137049
during the current difficult fiscal and economic period. In	137050
developing the recommendations, the commission shall develop a	137051
strategy for balancing the state budget for fiscal years 2012 and	137052
2013.	137053

(C) The commission shall appoint two of its members to serve	137054
as co-chairpersons for the commission. One co-chairperson shall be	137055
a member of the majority party of the House of Representatives,	137056
and one co-chairperson shall be a member of the majority party of	137057
the Senate. Commission meetings shall take place at the call of	137058
the co-chairpersons of the commission. The commission shall	137059
conduct meetings during the period of July 1, 2009, through	137060
November 30, 2010.	137061

(D) Not later than November 30, 2010, the commission shall	137062
submit a written report of its recommendations to the Speaker of	137063
the House of Representatives, the President of the Senate, and	137064
the Governor. The commission ceases to exist upon submission of	137065
its report.	137066

(E) The Legislative Service Commission shall provide	137067
technical, professional, and clerical support necessary for the	137068
Budget Planning and Management Commission to perform its duties.	137069

Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF	137070
INTEREST EARNED	137071

Notwithstanding any provision of law to the contrary, the	137072
Director of Budget and Management, through June 30, 2011, may	137073
transfer interest earned by any state fund to the General Revenue	137074
Fund. This section does not apply to funds whose source of	137075
revenue is restricted or protected by the Ohio Constitution,	137076
federal tax law, or the "Cash Management Improvement Act of	137077
1990," 104 Stat. 1058 (1990), 31 U.S.C. 6501 et seq., as amended.	137078

Section 512.30. GRF TRANSFER TO THE OAKS PROJECT	137079
IMPLEMENTATION FUND	137080

On July 1 of each fiscal year, or as soon as possible	137081
thereafter, the Director of Budget and Management shall transfer	137082
an amount not to exceed $2,100,000 cash from the General Revenue	137083
Fund to the OAKS Project Implementation Fund (Fund 5N40).	137084

Section 512.40. TRANSFERS FROM THE BUDGET STABILIZATION FUND

137085

Notwithstanding any provision of law to the contrary, the	137086
Director of Budget and Management, in either year of the biennium,	137087
may transfer cash from the Budget Stabilization Fund to the	137088
General Revenue Fund in order to balance General Revenue Fund	137089
revenues with General Revenue Fund expenditures. Before any such	137090
transfer, the Director shall notify the Governor, the Speaker of	137091
the House of Representatives, the President of the Senate, and	137092
the Minority Leaders of the House of Representatives and the	137093
Senate of the date and amount of the transfer and the cash	137094
balance remaining in the Budget Stabilization Fund.	137095

Section 512.50. TRANSFERS FROM EDUCATION FACILITIES TRUST AND	137096
PUBLIC SCHOOL BUILDING FUNDS TO GRF	137097

Notwithstanding any provision of law to the contrary, the	137098
Director of Budget and Management shall transfer a total of	137099
$250,000,000 cash in either fiscal year 2010 or fiscal year 2011	137100
from the Education Facilities Trust Fund (Fund N087) and the	137101
Public School Building Fund (Fund 7021), which are used by the	137102
School Facilities Commission, to the General Revenue Fund. Not	137103
later than June 30, 2013, $250,000,000 cash shall be deposited	137104
into a fund of the Commission, for the purpose of constructing	137105
or renovating school facilities pursuant to Chapter 3318. of the	137106
Revised Code.	137107

Section 512.60. CASH TRANSFERS TO THE GENERAL REVENUE FUND	137108
FROM NON-GRF FUNDS	137109

Notwithstanding any provision of law to the contrary, during	137110
fiscal years 2010 and 2011, the Director of Budget and Management	137111
may transfer cash from non-General Revenue Funds that are not	137112
constitutionally restricted to the General Revenue Fund in order	137113
to ensure that available General Revenue Fund receipts and	137114
balances are sufficient to support General Revenue Fund	137115
appropriations in each fiscal year.	137116

Before September 1 of each fiscal year, the Director of	137117
Budget and Management shall prepare quarterly estimates	137118
identifying funds in the state treasury from which cash transfers	137119
are to be made and the anticipated amount of these cash transfers.	137120
Beginning with the quarter ending September 30, 2009, and on a	137121
quarterly basis thereafter, the Director of Budget and Management	137122
shall prepare a summary comparing the estimated and actual amounts	137123
of these cash transfers by fund. This quarterly summary shall be	137124
included in the report required under section 126.05 of the	137125
Revised Code.	137126

Section 512.80. GRF TRANSFER TO THE PUBLIC AUDIT EXPENSE	137127
INTRA-STATE FUND	137128

On July 1, 2009, or as soon as possible thereafter, the	137129
Director of Budget and Management shall transfer $400,900 cash	137130
from the General Revenue Fund to the Public Audit Expense	137131
Intra-State Fund (Fund 1090). The amounts transferred are hereby	137132
appropriated to help pay for expenses incurred in the Auditor of	137133
State's role relating to fiscal caution, fiscal watch, and fiscal	137134
emergency activities as defined in Chapter 3316. of the Revised	137135
Code and for performance audits for school districts in fiscal	137136
distress.	137137

Section 512.85. TRANSFER AND ADJUSTMENT OF ARRA STATE FISCAL	137138
STABILIZATION FUND APPROPRIATIONS	137139

The Director of Budget and Management, with the approval of	137140
Controlling Board, may transfer appropriation between GRF	137141
appropriation items within the budgets and between the budgets of	137142
agencies receiving funding from the State Fiscal Stabilization	137143
Fund – Government Services in each fiscal year upon the written	137144
request of the relevant agency, including transferring	137145
appropriation between fiscal year 2010 and fiscal year 2011, if	137146
necessary to meet the maintenance of effort and use of funds	137147
provisions in the American Recovery and Reinvestment Act.	137148

Section 512.90. CASH TRANSFERS FROM THE TOBACCO USE	137149
PREVENTION AND CONTROL FOUNDATION ENDOWMENT FUND	137150

The Director of Budget and Management may request the	137151
Treasurer of State to transfer $258,622,890 cash from moneys in	137152
the custody of the Treasurer of State that were formerly to the	137153
credit of the Tobacco Use Prevention and Control Foundation	137154
Endowment Fund, to the General Health and Human Service	137155
Pass-Through Fund (Fund 5HC0). If any cash is transferred to the	137156
General Health and Human Service Pass-Through Fund (Fund 5HC0) the	137157
Director of Budget and Management shall transfer the cash as	137158
follows:	137159

(A) Up to $46,000,000 cash in each fiscal year to the Child	137160
and Adult Protective Services Fund (Fund 5GV0), used by the	137161
Department of Job and Family Services, to support child and adult	137162
protective services under Title XX of the "Social Security Act,"	137163
88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended. The amount	137164
transferred is hereby appropriated.	137165

(B) Up to $31,808,863 cash in fiscal year 2010 to the Health	137166
Care Services – Other Fund (Fund 5HA0), used by the Department of	137167
Job and Family Services and up to $129,814,027 cash in fiscal year	137168
2011 to Fund 5HA0, to support health care services under the state	137169
Medicaid plan. The amount transferred is hereby appropriated.	137170

(C) Up to $2,500,000 cash in each fiscal year to the Breast	137171
and Cervical Cancer Fund (Fund 5HB0), used by the Department of	137172
Health, to support breast and cervical cancer screenings. The	137173
amount transferred is hereby appropriated.	137174

Section 515.10. On and after the effective date of section	137175
3354.24 of the Revised Code as enacted by Sub. H.B. 1 of the 128th	137176
General Assembly:	137177

(A) The board of trustees of the Eastern Gateway Community	137178
College District (the District) shall have the powers and duties	137179
formerly prescribed as powers and duties of the board of trustees	137180
of the Jefferson County Community College District and any	137181
additional powers and duties granted or imposed by law.	137182

(B) The board of trustees of the District assumes the	137183
obligations of, and is the successor to and continuation of, the	137184
board of trustees of the Jefferson County Community College	137185
District.	137186

(C) Any business commenced but not completed by the board of	137187
trustees of the Jefferson County Community College District shall	137188
be completed by the board of trustees of the District in the same	137189
manner, and with the same effect, as if completed by the board of	137190
trustees of the Jefferson County Community College District. No	137191
validation, cure, right, privilege, remedy, obligation, or	137192
liability is lost or impaired by reason of the enactment by this	137193
act of this section and section 3354.24 of the Revised Code.	137194

(D) Rules of the board of trustees of the Jefferson County	137195
Community College District shall continue as rules for the board	137196
of trustees of the District until amended or rescinded by the	137197
board of trustees of the District.	137198

(E) Any reference in statute, rule, contract, grant, or other	137199
document to the board of trustees of the Jefferson County	137200
Community College District shall be construed to refer to the	137201
board of trustees of the District.	137202

(F) No judicial, administrative, or other proceeding to which	137203
the board of trustees of the Jefferson County Community College	137204
District is a party and that is pending on the effective date of	137205
this section shall be affected by the enactment by this act of	137206
this section and section 3354.24 of the Revised Code. Upon	137207
application to the court or other tribunal, the board of trustees	137208
of the District shall be substituted for the board of trustees of	137209
the Jefferson County Community College District as a party to the	137210
action or proceeding, and the action shall be prosecuted or	137211
defended in the name of the board of trustees of the District.	137212

(G) All books, records, documents, files, transcripts,	137213
equipment, furniture, supplies, and other materials assigned to or	137214
possessed by the board of trustees of the Jefferson County	137215
Community College District shall be transferred to the board of	137216
trustees of the District.	137217

(H) The employees of the board of trustees of the Jefferson	137218
County Community College District shall be employees of the board	137219
of trustees of the District.	137220

Section 515.20. On the effective date of this section, the	137221
duties, responsibilities, and functions of the Ohio Board of	137222
Regents under sections 4741.41, 4741.44, 4741.45, and 4741.46 of	137223
the Revised Code and its assets and liabilities under those	137224
sections are transferred to the State Veterinary Medical Licensing	137225
Board. The State Veterinary Medical Licensing Board assumes the	137226
obligations and authority of the Ohio Board of Regents with regard	137227
to sections 4741.41, 4741.44, 4741.45, and 4741.46 of the Revised	137228
Code. No right, privilege, or remedy, and no duty, liability, or	137229
obligation, accrued by the Ohio Board of Regents under sections	137230
4741.41, 4741.44, 4741.45, and 4741.46 of the Revised Code is	137231
impaired or lost by reason of the transfer and shall be	137232
recognized, administered, performed, or enforced by the State	137233
Veterinary Medical Licensing Board.	137234

Business commenced but not completed by the Ohio Board of	137235
Regents with regard to sections 4741.41, 4741.44, 4741.45, and	137236
4741.46 of the Revised Code shall be completed by the State	137237
Veterinary Medical Licensing Board in the same manner, and with	137238
the same effect, as if completed by the Ohio Board of Regents.	137239

All determinations of the Ohio Board of Regents that are made	137240
pursuant to sections 4741.41, 4741.44, 4741.45, and 4741.46 of the	137241
Revised Code continue in effect as determinations of the State	137242
Veterinary Medical Licensing Board until modified or rescinded by	137243
the State Veterinary Medical Licensing Board.	137244

Whenever the Ohio Board of Regents is referred to in statute,	137245
contract, or other instrument for the purposes of sections	137246
4741.41, 4741.44, 4741.45, and 4741.46 of the Revised Code, the	137247
reference is deemed to refer to the State Veterinary Medical	137248
Licensing Board.	137249

No pending action or proceeding being prosecuted or defended	137250
in court or before any agency by the Ohio Board of Regents for the	137251
purposes of sections 4741.41, 4741.44, 4741.45, and 4741.46 of the	137252
Revised Code is affected by the transfer and shall be prosecuted	137253
or defended in the name of the State Veterinary Medical Licensing	137254
Board. Upon application to the court or agency, the State	137255
Veterinary Medical Licensing Board shall be substituted as a	137256
party.	137257

Section 515.30. On the effective date of this section, the	137258
Division of Soil and Water Conservation in the Department of	137259
Natural Resources is renamed the Division of Soil and Water	137260
Resources. The Division of Soil and Water Conservation's	137261
functions, and its assets and liabilities, are transferred to the	137262
Division of Soil and Water Resources. The Division of Soil and	137263
Water Resources is successor to, assumes the obligations and	137264
authority of, and otherwise continues the Division of Soil and	137265
Water Conservation. No right, privilege, or remedy, and no duty,	137266
liability, or obligation, accrued under the Division of Soil and	137267
Water Conservation is impaired or lost by reason of the renaming	137268
and shall be recognized, administered, performed, or enforced by	137269
the Division of Soil and Water Resources.	137270

Business commenced but not completed by the Division of Soil	137271
and Water Conservation or by the Chief of the Division of Soil and	137272
Water Conservation shall be completed by the Division of Soil and	137273
Water Resources or the Chief of the Division of Soil and Water	137274
Resources in the same manner, and with the same effect, as if	137275
completed by the Division of Soil and Water Conservation or the	137276
Chief of the Division of Soil and Water Conservation.	137277

All of the Division of Soil and Water Conservation's rules,	137278
orders, and determinations continue in effect as rules, orders,	137279
and determinations of the Division of Soil and Water Resources	137280
until modified or rescinded by the Division of Soil and Water	137281
Resources.	137282

Subject to the layoff provisions of sections 124.321 to	137283
124.382 of the Revised Code, all employees of the Division of Soil	137284
and Water Conservation continue with the Division of Soil and	137285
Water Resources and retain their positions and all benefits	137286
accruing thereto.	137287

The Director of Budget and Management shall determine the	137288
amount of unexpended balances in the appropriation accounts that	137289
pertain to the Division of Soil and Water Conservation and shall	137290
recommend to the Controlling Board their transfer to the	137291
appropriation accounts that pertain to the Division of Soil and	137292
Water Resources. The Chief of the Division of Soil and Water	137293
Conservation shall provide full and timely information to the	137294
Controlling Board to facilitate the transfer.	137295

Whenever the Division of Soil and Water Conservation or the	137296
Chief of the Division of Soil and Water Conservation is referred	137297
to in a statute, contract, or other instrument, the reference is	137298
deemed to refer to the Division of Soil and Water Resources or to	137299
the Chief of the Division of Soil and Water Resources, whichever	137300
is appropriate in context.	137301

No pending action or proceeding being prosecuted or defended	137302
in court or before an agency by the Division of Soil and Water	137303
Conservation or the Chief of the Division of Soil and Water	137304
Conservation is affected by the renaming and shall be prosecuted	137305
or defended in the name of the Division of Soil and Water	137306
Resources or the Chief of the Division of Soil and Water	137307
Resources, whichever is appropriate. Upon application to the court	137308
or agency, the Division of Soil and Water Resources or the Chief	137309
of the Division of Soil and Water Resources shall be substituted.	137310

Section 515.40. On the effective date of this section, the	137311
Division of Water in the Department of Natural Resources is	137312
abolished and its functions, and its assets and liabilities, are	137313
transferred to the Division of Soil and Water Resources and the	137314
Division of Parks and Recreation, as applicable, in the Department	137315
of Natural Resources. The Division of Soil and Water Resources and	137316
the Division of Parks and Recreation, as applicable, are	137317
successors to, assume the obligations and authority of, and	137318
otherwise continue the Division of Water. No right, privilege, or	137319
remedy, and no duty, liability, or obligation, accrued under the	137320
Division of Water is impaired or lost by reason of the abolishment	137321
and shall be recognized, administered, performed, or enforced by	137322
the Division of Soil and Water Resources or the Division of Parks	137323
and Recreation, whichever is applicable.	137324

Business commenced but not completed by the Division of Water	137325
or by the Chief of the Division of Water shall be completed by the	137326
Division of Soil and Water Resources or the Chief of the Division	137327
of Soil and Water Resources or by the Division of Parks and	137328
Recreation or the Chief of the Division of Parks and Recreation,	137329
whichever is applicable, in the same manner, and with the same	137330
effect, as if completed by the Division of Water or the Chief of	137331
the Division of Water.	137332

All of the Division of Water's rules, orders, and	137333
determinations continue in effect as rules, orders, and	137334
determinations of the Division of Soil and Water Resources or the	137335
Division of Parks and Recreation, whichever is applicable, until	137336
modified or rescinded by the Division of Soil and Water Resources	137337
or the Division of Parks and Recreation, as applicable. If	137338
necessary to ensure the integrity of the numbering of the	137339
Administrative Code, the Director of the Legislative Service	137340
Commission shall renumber the Division of Water's rules to	137341
reflect their transfer to the Division of Soil and Water Resources	137342
or to the Division of Parks and Recreation, as applicable.	137343

Subject to the layoff provisions of sections 124.321 to	137344
124.382 of the Revised Code, all employees of the Division of	137345
Water are transferred to the Division of Soil and Water Resources	137346
or to the Division of Parks and Recreation, as applicable, and	137347
retain their positions and all benefits accruing thereto.	137348

The Director of Budget and Management shall determine the	137349
amount of unexpended balances in the appropriation accounts that	137350
pertain to the Division of Water and shall recommend to the	137351
Controlling Board their transfer to the appropriation accounts	137352
that pertain to the Division of Soil and Water Resources or the	137353
Division of Parks and Recreation, as applicable. The Chief of the	137354
Division of Water shall provide full and timely information to the	137355
Controlling Board to facilitate the transfer.	137356

Whenever the Division of Water or the Chief of the Division	137357
of Water is referred to in a statute, contract, or other	137358
instrument, the reference is deemed to refer to the Division of	137359
Soil and Water Resources or to the Chief of the Division of Soil	137360
and Water Resources or to the Division of Parks and Recreation or	137361
to the Chief of the Division of Parks and Recreation, whichever is	137362
appropriate in context.	137363

No pending action or proceeding being prosecuted or defended	137364
in court or before an agency by the Division of Water or the Chief	137365
of the Division of Water is affected by the abolishment and shall	137366
be prosecuted or defended in the name of the Division of Soil and	137367
Water Resources or the Chief of the Division of Soil and Water	137368
Resources or of the Division of Parks and Recreation or the Chief	137369
of the Division of Parks and Recreation, whichever is appropriate.	137370
Upon application to the court or agency, the Division of Soil and	137371
Water Resources or the Chief of the Division of Soil and Water	137372
Resources or the Division of Parks and Recreation or the Chief of	137373
the Division of Parks and Recreation, whichever is applicable,	137374
shall be substituted.	137375

Section 515.50. On the effective date of this section, the	137376
Division of Real Estate and Land Management in the Department of	137377
Natural Resources is abolished and its functions, and its assets	137378
and liabilities, are transferred to the Director of Natural	137379
Resources, to the Division of Engineering, and to the Division of	137380
Parks and Recreation, as applicable, in the Department of Natural	137381
Resources. The Director of Natural Resources, the Division of	137382
Engineering, and the Division of Parks and Recreation are	137383
successors to, assume the obligations and authority of, and	137384
otherwise continue the Division of Real Estate and Land	137385
Management. No right, privilege, or remedy, and no duty,	137386
liability, or obligation, accrued under the Division of Real	137387
Estate and Land Management is impaired or lost by reason of the	137388
abolishment and shall be recognized, administered, performed, or	137389
enforced by the Director of Natural Resources, the Division of	137390
Engineering, and the Division of Parks and Recreation, whichever	137391
is applicable.	137392

Business commenced but not completed by the Division of Real	137393
Estate and Land Management or by the Chief of the Division of Real	137394
Estate and Land Management shall be completed by the Director of	137395
Natural Resources, by the Division of Engineering or the Chief	137396
Engineer, or by the Division of Parks and Recreation or the Chief	137397
of the Division of Parks and Recreation, whichever is applicable,	137398
in the same manner, and with the same effect, as if completed by	137399
the Division of Real Estate and Land Management or the Chief of	137400
the Division of Real Estate and Land Management.	137401

All of the Division of Real Estate and Land Management's	137402
rules, orders, and determinations continue in effect as rules,	137403
orders, and determinations of the Director of Natural Resources,	137404
the Division of Engineering, or the Division of Parks and	137405
Recreation, whichever is applicable, until modified or rescinded	137406
by the Director of Natural Resources, the Division of Engineering,	137407
or the Division of Parks and Recreation, as applicable. If	137408
necessary to ensure the integrity of the numbering of the	137409
Administrative Code, the Director of the Legislative Service	137410
Commission shall renumber the Division of Real Estate and Land	137411
Management's rules to reflect their transfer to the Director of	137412
Natural Resources, to the Division of Engineering, or to the	137413
Division of Parks and Recreation, as applicable.	137414

Subject to the layoff provisions of sections 124.321 to	137415
124.382 of the Revised Code, all employees of the Division of Real	137416
Estate and Land Management are transferred to the office of the	137417
Director of Natural Resources, the Division of Engineering, or	137418
the Division of Parks and Recreation, as applicable, and retain	137419
their positions and all benefits accruing thereto.	137420

The Director of Budget and Management shall determine the	137421
amount of unexpended balances in the appropriation accounts that	137422
pertain to the Division of Real Estate and Land Management and	137423
shall recommend to the Controlling Board their transfer to the	137424
appropriation accounts that pertain to the Director of Natural	137425
Resources, the Division of Engineering, or the Division of Parks	137426
and Recreation, as applicable. The Chief of the Division of Real	137427
Estate and Land Management shall provide full and timely	137428
information to the Controlling Board to facilitate the transfer.	137429

Whenever the Division of Real Estate and Land Management or	137430
the Chief of the Division of Real Estate and Land Management is	137431
referred to in a statute, contract, or other instrument, the	137432
reference is deemed to refer to the Director of Natural Resources,	137433
to the Division of Engineering or the Chief Engineer, or to the	137434
Division of Parks and Recreation or the Chief of the Division of	137435
Parks and Recreation, whichever is appropriate in context.	137436

No pending action or proceeding being prosecuted or defended	137437
in court or before an agency by the Division of Real Estate and	137438
Land Management or the Chief of the Division of Real Estate and	137439
Land Management is affected by the abolishment and shall be	137440
prosecuted or defended in the name of the Department of Natural	137441
Resources or the Director of Natural Resources, of the Division	137442
of Engineering or the Chief Engineer, or of the Division of Parks	137443
and Recreation or the Chief of the Division of Parks and	137444
Recreation, whichever is appropriate. Upon application to the	137445
court or agency, the Department of Natural Resources or the	137446
Director of Natural Resources, the Division of Engineering or the	137447
Chief Engineer, or the Division of Parks and Recreation or the	137448
Chief of the Division of Parks and Recreation, whichever is	137449
applicable, shall be substituted.	137450

Section 515.70. The Division of Labor and Worker Safety in	137451
the Department of Commerce and the Division of Industrial	137452
Compliance in the Department of Commerce are hereby abolished on	137453
the effective date of section 121.04 of the Revised Code, as	137454
amended by this act. The Division of Labor shall supersede the	137455
Division of Labor and Worker Safety and Division of Industrial	137456
Compliance, and the Superintendent of Labor shall supersede the	137457
Superintendent of Labor and Worker Safety and the Superintendent	137458
of Industrial Compliance. The Superintendent of Labor or Division	137459
of Labor, as applicable, shall succeed to and have and perform	137460
all the duties, powers, and obligations pertaining to the duties,	137461
powers, and obligations of the Superintendent and Division of	137462
Labor and Worker Safety and the Superintendent and Division of	137463
Industrial Compliance. For the purpose of the institution,	137464
conduct, and completion of matters relating to its succession,	137465
the Superintendent of Labor or the Division of Labor, as	137466
applicable, is deemed to be the continuation of and successor	137467
under law to the Superintendent and Division of Labor and Worker	137468
Safety or the Superintendent and Division of Industrial	137469
Compliance, as applicable. All rules, actions, determinations,	137470
commitments, resolutions, decisions, and agreements pertaining to	137471
those duties, powers, obligations, functions, and rights in force	137472
or in effect on the effective date of section 121.04 of the	137473
Revised Code, as amended by this act, shall continue in force and	137474
effect subject to any further lawful action thereon by the	137475
Superintendent or Division of Labor. Wherever the Superintendent	137476
of Labor and Worker Safety, Division of Labor and Worker Safety,	137477
Superintendent of Industrial Compliance, or Division of	137478
Industrial Compliance are referred to in any provision of law, or	137479
in any agreement or document that pertains to those duties,	137480
powers, obligations, functions, and rights, the reference is to	137481
the Superintendent of Labor or Division of Labor, as appropriate.	137482

All authorized obligations and supplements thereto of the	137483
Superintendent and Division of Labor and Worker Safety and the	137484
Superintendent and Division of Industrial Compliance pertaining to	137485
the duties, powers, and obligations transferred are binding on the	137486
Superintendent or Division of Labor, as applicable, and nothing in	137487
this act impairs the obligations or rights thereunder or under any	137488
contract. The abolition of the Division of Labor and Worker Safety	137489
and the Division of Industrial Compliance and the transfer of the	137490
duties, powers, and obligations of the Superintendent and Division	137491
of Labor and Worker Safety and the Superintendent and Division of	137492
Industrial Compliance do not affect the validity of agreements or	137493
obligations made by those superintendents or divisions pursuant to	137494
Chapters 121., 3703., 3781., 3791., 4104., 4105., and 4740. of the	137495
Revised Code or any other provisions of law.	137496

In connection with the transfer of duties, powers,	137497
obligations, functions, and rights and abolition of the Division	137498
of Labor and Worker Safety and the Division of Industrial	137499
Compliance, all real property and interest therein, documents,	137500
books, money, papers, records, machinery, furnishings, office	137501
equipment, furniture, and all other property over which the	137502
Superintendent and Division of Labor and Worker Safety or the	137503
Superintendent and Division of Industrial Compliance has control	137504
pertaining to the duties, powers, and obligations transferred and	137505
the rights of the Superintendent and Division of Labor and Worker	137506
Safety and the Superintendent and Division of Industrial	137507
Compliance to enforce or receive any of the aforesaid is	137508
automatically transferred to the Superintendent and Division of	137509
Labor without necessity for further action on the part of the	137510
Superintendent, Division of Labor, or the Director of Commerce.	137511
Additionally, all appropriations or reappropriations made to the	137512
Superintendent and Division of Labor and Worker Safety and the	137513
Superintendent and Division of Industrial Compliance for the	137514
purposes of the performance of their duties, powers, and	137515
obligations, are transferred to the Superintendent and Division of	137516
Labor to the extent of the remaining unexpended or unencumbered	137517
balance thereof, whether allocated or unallocated, and whether	137518
obligated or unobligated.	137519

Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

137520

Certain appropriations are in this act for the purpose of	137521
paying debt service and financing costs on general obligation	137522
bonds or notes of the state issued pursuant to the Ohio	137523
Constitution and acts of the General Assembly. If it is determined	137524
that additional appropriations are necessary for this purpose,	137525
such amounts are hereby appropriated.	137526

Section 518.20. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER	137527
OF STATE	137528

Certain appropriations are in this act for the purpose of	137529
making lease rental payments pursuant to leases and agreements	137530
relating to bonds or notes issued by the Ohio Building Authority	137531
or the Treasurer of State or, previously, by the Ohio Public	137532
Facilities Commission, pursuant to the Ohio Constitution and acts	137533
of the General Assembly. If it is determined that additional	137534
appropriations are necessary for this purpose, such amounts are	137535
hereby appropriated.	137536

Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM	137537
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	137538

The Office of Budget and Management shall process payments	137539
from general obligation and lease rental payment appropriation	137540
items during the period from July 1, 2009, to June 30, 2011,	137541
relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m,	137542
2n, 2o, 2p, 2q, and 15 of Article VIII, Ohio Constitution, and	137543
Chapters 151. and 154. of the Revised Code. Payments shall be	137544
made upon certification by the Treasurer of State, Office of the	137545
Sinking Fund, of the dates and the amounts due on those dates.	137546

Section 518.40. AUTHORIZATION FOR OHIO BUILDING AUTHORITY	137547
AND OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	137548

The Office of Budget and Management shall process payments	137549
from lease rental payment appropriation items during the period	137550
from July 1, 2009, to June 30, 2011, pursuant to the lease	137551
agreements entered into relating to bonds or notes issued under	137552
Section 2i of Article VIII, Ohio Constitution, and Chapter 152. of	137553
the Revised Code. Payments shall be made upon certification by the	137554
Ohio Building Authority of the dates and the amounts due on those	137555
dates.	137556

Section 521.10. STATE AND LOCAL REBATE AUTHORIZATION

137557

There is hereby appropriated, from those funds designated by	137558
or pursuant to the applicable proceedings authorizing the issuance	137559
of state obligations, amounts computed at the time to represent	137560
the portion of investment income to be rebated or amounts in lieu	137561
of or in addition to any rebate amount to be paid to the federal	137562
government in order to maintain the exclusion from gross income	137563
for federal income tax purposes of interest on those state	137564
obligations under section 148(f) of the Internal Revenue Code.	137565

Rebate payments shall be approved and vouchered by the Office	137566
of Budget and Management.	137567

Section 521.20. STATEWIDE INDIRECT COST RECOVERY

137568

Whenever the Director of Budget and Management determines	137569
that an appropriation made to a state agency from a fund of the	137570
state is insufficient to provide for the recovery of statewide	137571
indirect costs under section 126.12 of the Revised Code, the	137572
amount required for such purpose is hereby appropriated from the	137573
available receipts of such fund.	137574

Section 521.30. GRF TRANSFERS ON BEHALF OF THE STATEWIDE	137575
INDIRECT COST ALLOCATION PLAN	137576

The total transfers made from the General Revenue Fund by the	137577
Director of Budget and Management under this section shall not	137578
exceed the amounts transferred into the General Revenue Fund under	137579
section 126.12 of the Revised Code.	137580

The director of an agency may certify to the Director of	137581
Budget and Management the amount of expenses not allowed to be	137582
included in the Statewide Indirect Cost Allocation Plan under	137583
federal regulations, from any fund included in the Statewide	137584
Indirect Cost Allocation Plan, prepared as required by section	137585
126.12 of the Revised Code.	137586

Upon determining that no alternative source of funding is	137587
available to pay for such expenses, the Director of Budget and	137588
Management may transfer from the General Revenue Fund into the	137589
fund for which the certification is made, up to the amount of the	137590
certification. The director of the agency receiving such funds	137591
shall include, as part of the next budget submission prepared	137592
under section 126.02 of the Revised Code, a request for funding	137593
for such activities from an alternative source such that further	137594
federal disallowances would not be required.	137595

Section 521.40. FISCAL YEAR 2009 GENERAL REVENUE FUND ENDING	137596
BALANCE	137597

Notwithstanding divisions (B) and (C) of section 131.44 of	137598
the Revised Code, all fiscal year 2009 surplus revenue in excess	137599
of the amount required under division (A)(3) of section 131.44 of	137600
the Revised Code shall remain in the General Revenue Fund.	137601

Section 521.50. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

137602

Notwithstanding any provision of law to the contrary, on or	137603
before the first day of September of each fiscal year, the	137604
Director of Budget and Management, in order to reduce the payment	137605
of adjustments to the federal government, as determined by the	137606
plan prepared under division (A) of section 126.12 of the Revised	137607
Code, may designate such funds as the Director considers necessary	137608
to retain their own interest earnings.	137609

Section 521.60. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

137610

Pursuant to the plan for compliance with the Federal Cash	137611
Management Improvement Act required by section 131.36 of the	137612
Revised Code, the Director of Budget and Management may cancel and	137613
re-establish all or part of encumbrances in like amounts within	137614
the funds identified by the plan. The amounts necessary to	137615
re-establish all or part of encumbrances are hereby appropriated.	137616

Section 521.70. FISCAL STABILIZATION AND RECOVERY

137617

(A) To ensure the level of accountability and transparency	137618
required by federal law, the Director of Budget and Management	137619
may issue guidelines to any agency applying for federal money	137620
made available to this state for fiscal stabilization and	137621
recovery purposes, and may prescribe the process by which	137622
agencies are to comply with any reporting requirements	137623
established by the federal government.	137624

(B) Notwithstanding any provision of law to the contrary,	137625
federal money received by or on behalf of this state for fiscal	137626
stabilization in support of elementary, secondary, and higher	137627
education, public safety, and any other government service shall	137628
be deposited into the state treasury to the credit of the General	137629
Revenue Fund. The federal money shall not be used as a match for	137630
the state's share of Medicaid.	137631

(C) Federal money received by or on behalf of the state for	137632
fiscal stabilization and recovery purposes in fiscal years 2010	137633
and 2011 shall not be used for purposes of the computation of debt	137634
service under division (D) of Section 17 of Article VIII, Ohio	137635
Constitution, and division (E) of section 126.16 of the Revised	137636
Code.	137637

Section 521.80. OVERSIGHT OF FEDERAL STIMULUS FUNDS

137638

(A) The Office of Internal Auditing within the Office of	137639
Budget and Management shall, in connection with its duties under	137640
sections 126.45 to 126.48 of the Revised Code, monitor and measure	137641
the effectiveness of funds allocated to the state as part of the	137642
federal American Recovery and Reinvestment Act of 2009. As such,	137643
the Office of Internal Auditing shall review how funds allocated	137644
to each state agency are spent. For purposes of this section,	137645
"state agency" has the same meaning as in division (A) of section	137646
126.45 of the Revised Code.	137647

In addition to the reports required under section 126.47 of	137648
the Revised Code, the Office of Internal Auditing shall submit a	137649
report of its findings to the President of the Senate, Minority	137650
Leader of the Senate, Speaker of the House of Representatives,	137651
Minority Leader of the House of Representatives, and the Chairs	137652
of the committees in the Senate and House of Representatives	137653
handling finance and appropriations. The report shall be	137654
submitted every six months at the following intervals:	137655

(1) For the six-month period ending December 31, 2009, not	137656
later than February 1, 2010;	137657

(2) For the six-month period ending June 30, 2010, not later	137658
than August 1, 2010;	137659

(3) For the six-month period ending December 31, 2010, not	137660
later than February 1, 2011;	137661

(4) For the six-month period ending June 30, 2011, not later	137662
than August 1, 2011.	137663

(B) When, as part of its compliance with the federal	137664
American Recovery and Reinvestment Act of 2009 requirements to	137665
monitor and measure the effectiveness of funds for which the state	137666
of Ohio is the prime recipient, and for which reporting authority	137667
has not been delegated to a sub-recipient, the Office of Budget	137668
and Management submits quarterly reports to the federal	137669
government, the Office of Budget and Management shall also submit	137670
those reports to the President of the Senate, Minority Leader of	137671
the Senate, Speaker of the House of Representatives, Minority	137672
Leader of the House of Representatives, and Chairs and ranking	137673
members of the committees in the Senate and House of	137674
Representatives handling finance and appropriations. The Office of	137675
Budget and Management shall continue to submit quarterly reports	137676
to the legislature for the duration of the period in which the	137677
state of Ohio is required to make reports to the federal	137678
government concerning Ohio's use of the federal American Recovery	137679
and Reinvestment Act of 2009 funds.	137680

Section 521.90. FEDERAL FUNDS FOR HISTORIC PRESERVATION LOAN	137681
GUARANTEE	137682

(A) As used in this section:

137683

(1) "Approved historic rehabilitation project" means a	137684
rehabilitation of a historic building that the Director of	137685
Development has approved for a rehabilitation tax credit under	137686
section 149.311 of the Revised Code.	137687

(2) "Federal funds" means federal money available to states	137688
under the American Recovery and Reinvestment Act of 2009 or any	137689
other source of federal money available to the states, that may	137690
lawfully be used for the purposes of this section.	137691

(3) "Owner" and "qualified rehabilitation expenditures" have	137692
the same meanings as in section 149.311 of the Revised Code.	137693

(B) There is hereby created in the state treasury the Ohio	137694
Historic Preservation Tax Credit Fund. The fund shall consist of	137695
money obtained by the Director of Development under division (C)	137696
of this section. Money in the fund shall be used to secure and pay	137697
guarantees of loans for approved historic rehabilitation projects	137698
as provided in this section.	137699

(C) The Director of Development may undertake to secure	137700
$75,000,000 of federal funds for crediting to the Ohio Historic	137701
Preservation Tax Credit Fund. If the Director secures such funds,	137702
the Director, for the purpose of creating new jobs or preserving	137703
existing jobs and employment opportunities and improving the	137704
economic welfare of the people of this state, shall enter into	137705
loan guarantee contracts under section 166.06 of the Revised Code	137706
in connection with approved historic rehabilitation projects,	137707
except that the guarantees shall be secured solely by and be	137708
payable solely from the Ohio Historic Preservation Tax Credit	137709
Fund. Money deposited into the Ohio Historic Preservation Tax	137710
Credit Fund shall be prioritized by providing loan guarantees for	137711
approved historic rehabilitation projects from the first funding	137712
round of the Ohio Historic Preservation Tax Credit Program before	137713
being used to provide loan guarantees for approved historic	137714
rehabilitation projects approved in subsequent funding rounds. The	137715
amount of a loan guarantee provided under this section shall not	137716
exceed the amount of the credit to be awarded for the approved	137717
historic rehabilitation project. References to the loan guarantee	137718
fund in divisions (C) and (F) of section 166.06 of the Revised	137719
Code shall be construed as references to the Ohio Historic	137720
Preservation Tax Credit Fund for the purposes of loan guarantees	137721
authorized by this section, except that no transfer shall be made	137722
to the Ohio Historic Preservation Tax Credit Fund from the	137723
facilities establishment fund as may otherwise be required by that	137724
section.	137725

(D) Nothing in this section is a determination by the General	137726
Assembly that federal funds are currently available for the	137727
purposes of this section. Rather, this section evidences a	137728
determination by the General Assembly that public purposes will be	137729
advanced by the use of current or future federal funds for the	137730
purposes of this section.	137731

Section 523.10. ADVANCED ENERGY RESEARCH AND DEVELOPMENT

137732

(A) All items set forth in this division are hereby	137733
appropriated, for fiscal years 2011 and 2012, the biennium ending	137734
on June 30, 2012, out of any moneys in the state treasury to the	137735
credit of the Advanced Energy Research and Development Taxable	137736
Fund (Fund 7004) derived from the proceeds of obligations	137737
heretofore authorized under section 166.11 of the Revised Code:	137738

AIR AIR QUALITY DEVELOPMENT AUTHORITY	137739

C89800	Advanced Energy Research and Development Taxable	$	9,000,000	137740
TOTAL Advanced Energy Research and Development Taxable Fund		$	9,000,000	137741
TOTAL AIR QUALITY DEVELOPMENT AUTHORITY		$	9,000,000	137742

(B) All items set forth in this division are hereby	137743
appropriated, for fiscal years 2011 and 2012, the biennium ending	137744
on June 30, 2012, out of any moneys in the state treasury to the	137745
credit of the Advanced Energy Research and Development Fund (Fund	137746
7005) derived from the proceeds of obligations heretofore	137747
authorized under section 166.11 of the Revised Code:	137748

AIR AIR QUALITY DEVELOPMENT AUTHORITY	137749

C89801	Advanced Energy Research and Development	$	19,000,000	137750
TOTAL Advanced Energy Research and Development Fund		$	19,000,000	137751
TOTAL AIR QUALITY DEVELOPMENT AUTHORITY		$	19,000,000	137752

(C) The appropriation items C89800, Advanced Energy Research	137753
and Development Taxable, and C89801, Advanced Energy Research and	137754
Development, shall be used for advanced energy projects as	137755
provided in sections 3706.25 to 3706.30 of the Revised Code. The	137756
Executive Director of the Air Quality Development Authority may	137757
certify to the Director of Budget and Management that a need	137758
exists to fund additional advanced energy projects. If the	137759
Director of Budget and Management determines that investment	137760
earnings of the Advanced Energy Research and Development Taxable	137761
Fund (Fund 7004) and the Advanced Energy Research and Development	137762
Fund (Fund 7005) are available to fund additional projects, the	137763
Director may authorize additional expenditures from Fund 7004 or	137764
Fund 7005, subject to the approval of the Controlling Board. If	137765
approved by the Controlling Board, such amounts are hereby	137766
appropriated.	137767

(D) Notwithstanding any contrary provision of law, upon the	137768
request of the Executive Director of the Air Quality Development	137769
Authority, the Director of Budget and Management may transfer cash	137770
between Funds 7004 and 7005. Any such transfers shall be requested	137771
from and approved by the Controlling Board. Amounts transferred	137772
are hereby appropriated.	137773

(E) Expenditures from appropriations contained in this	137774
section may be accounted for as though made in the main capital	137775
appropriations act for the fiscal year 2011-2012 biennium enacted	137776
by the 128th General Assembly. The Air Quality Development	137777
Authority shall not expend any of the appropriations made in this	137778
section until after July 1, 2010.	137779

Section 525.10. INTERIM BUDGET RECONCILIATION

137780

All amounts expended or encumbered from interim budget	137781
appropriations made in Am. Sub. H.B. 16 of the 128th General	137782
Assembly, H.B. 245 of the 128th General Assembly, or any	137783
successive act providing such interim budget appropriations shall	137784
be deducted from the appropriate line item appropriations made in	137785
this act. The Director of Budget and Management shall make any	137786
necessary adjustments to the appropriate line item appropriations	137787
to carry out this section.	137788

Section 601.10. That Sections 205.10, 309.10, 317.10, 321.10,	137789
325.20, and 327.10 of Am. Sub. H.B. 2 of the 128th General	137790
Assembly be amended to read as follows:	137791

Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

137792

State Highway Safety Fund Group	137793

4W40	762321	Operating Expense - BMV	$	85,145,103	$	89,005,103	137794
4W40	762410	Registrations Supplement	$	31,753,145	$	32,480,610	137795
5V10	762682	License Plate Contributions	$	2,100,000	$	2,100,000	137796
7036	761321	Operating Expense - Information and Education	$	8,819,954	$	8,828,661	137797
7036	761401	Lease Rental Payments	$	13,337,000	$	11,836,200	137798
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	137799
7036	764321	Operating Expense - Highway Patrol	$	269,887,828	$	269,975,259	137800
7036	764605	Motor Carrier Enforcement Expenses	$	3,340,468	$	3,340,468	137801
8300	761603	Salvage and Exchange - Administration	$	20,800	$	21,632	137802
8310	761610	Information and Education - Federal	$	468,982	$	468,982	137803
8310	764610	Patrol - Federal	$	2,455,484	$	2,455,484	137804
8310	764659	Transportation Enforcement - Federal	$	6,132,592	$	6,132,592	137805
8310	765610	EMS - Federal	$	582,007	$	582,007	137806
8310	767610	Liquor Enforcement - Federal	$	514,184	$	514,184	137807
8310	769610	Food Stamp Trafficking Enforcement - Federal	$	1,032,135	$	1,032,135	137808
8310	769631	Homeland Security - Federal	$	2,100,000	$	2,184,000	137809
8320	761612	Traffic Safety - Federal	$	16,577,565	$	16,577,565	137810
8350	762616	Financial Responsibility Compliance	$	6,063,600	$	6,063,600	137811
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	137812
8380	764606	Patrol Reimbursement	$	100,000	$	100,000	137813
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	137814
83F0	764657	Law Enforcement Automated Data System	$	10,984,978	$	9,053,266	137815
83G0	764633	OMVI Enforcement/Education	$	650,000	$	650,000	137816
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	137817
83M0	765624	Operating Expense - Trauma and EMS	$	2,915,113	$	2,924,562	137818
83N0	761611	Elementary School Seat Belt Program	$	390,000	$	405,600	137819
83P0	765637	EMS Grants	$	4,562,912	$	4,562,912	137820
83R0	762639	Local Immobilization Reimbursement	$	750,000	$	750,000	137821
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	137822
8400	764607	State Fair Security	$	1,396,283	$	1,396,283	137823
8400	764617	Security and Investigations	$	6,317,530	$	6,432,686	137824
8400	764626	State Fairgrounds Police Force	$	830,769	$	849,883	137825
8400	769632	Homeland Security - Operating	$	1,552,049	$	1,614,131	137826
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	137827
8440	761613	Seat Belt Education Program	$	400,000	$	400,000	137828
8460	761625	Motorcycle Safety Education	$	3,324,987	$	3,538,903	137829
8490	762627	Automated Title Processing Board	$	19,240,839	$	19,240,839	137830
TOTAL HSF State Highway Safety Fund Group			$	520,633,559	$	522,404,799	137831

General Services Fund Group	137832

4P60	768601	Justice Program Services	$	1,070,962	$	1,109,004	137833
4S30	766661	Hilltop Utility Reimbursement	$	520,000	$	540,800	137834
5ET0	768625	Drug Law Enforcement	$	4,200,000	$	4,200,000	137835
5Y10	764695	Highway Patrol Continuing Professional Training	$	280,820	$	280,820	137836
5Y10	767696	Investigative Unit Continuing Professional Training	$	15,000	$	15,000	137837
TOTAL GSF General Services Fund Group			$	6,086,782	$	6,145,624	137838

Federal Special Revenue Fund Group	137839

3290	763645	Federal Mitigation Program	$	10,801,636	$	11,233,702	137840
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	137841
3390	763647	Emergency Management Assistance and Training	$	84,031,935	$	84,072,023	137842
3AY0	768606	Federal Justice Grants	$	1,020,000	$	745,000	137843
3CB0	768691	Federal Justice Grants - FFY06	$	920,000	$	795,000	137844
3CC0	768609	Justice Assistance Grants - FFY07	$	1,450,000	$	1,215,000	137845
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	36,146,492	$	1,902,447	137846
3DH0	768613	Federal Stimulus - Justice Programs	$	4,404,597	$	200,000	137847
3L50	768604	Justice Program	$	12,056,300	$	12,056,300	137848
3N50	763644	U.S. Department of Energy Agreement	$	31,358	$	31,672	137849
TOTAL FED Federal Special Revenue Fund Group			$	~~174,165,357~~ 178,569,954	$	~~139,758,780~~ 139,958,780	137850

State Special Revenue Fund Group	137851

4V30	763662	EMA Service and Reimbursement	$	4,474,751	$	4,653,743	137852
5390	762614	Motor Vehicle Dealers Board	$	200,000	$	200,000	137853
5B90	766632	Private Investigator and Security Guard Provider	$	1,341,478	$	1,395,137	137854
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	137855
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	137856
5CM0	767691	Federal Investigative Seizure	$	642,175	$	642,175	137857
5DS0	769630	Homeland Security	$	517,350	$	538,044	137858
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	1,600,000	$	2,750,000	137859
5FL0	769634	Investigations	$	1,172,080	$	1,195,522	137860
6220	767615	Investigative Contraband and Forfeiture	$	375,000	$	375,000	137861
6570	763652	Utility Radiological Safety	$	1,413,889	$	1,415,945	137862
6810	763653	SARA Title III HAZMAT Planning	$	254,794	$	262,438	137863
8500	767628	Investigative Unit Salvage	$	100,000	$	100,000	137864
TOTAL SSR State Special Revenue Fund Group			$	13,241,517	$	14,678,004	137865

Liquor Control Fund Group	137866

7043	767321		Liquor Enforcement - Operating		$	12,007,894		$	11,897,178		137867
TOTAL LCF Liquor Control Fund Group					$	12,007,894		$	11,897,178		137868

Agency Fund Group	137869

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		137870
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		137871

Holding Account Redistribution Fund Group	137872

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	137873
R052	762623	Security Deposits	$	350,000	$	350,000	137874
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	137875
TOTAL ALL BUDGET FUND GROUPS			$	~~729,870,109~~ 734,274,706	$	~~698,619,383~~ 698,819,383	137876

MOTOR VEHICLE REGISTRATION

137877

The Registrar of Motor Vehicles may deposit revenues to meet	137878
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	137879
4W40) established in section 4501.25 of the Revised Code, obtained	137880
under sections 4503.02 and 4504.02 of the Revised Code, less all	137881
other available cash. Revenue deposited pursuant to this paragraph	137882
shall support, in part, appropriations for operating expenses and	137883
defray the cost of manufacturing and distributing license plates	137884
and license plate stickers and enforcing the law relative to the	137885
operation and registration of motor vehicles. Notwithstanding	137886
section 4501.03 of the Revised Code, the revenues shall be paid	137887
into Fund 4W40 before any revenues obtained pursuant to sections	137888
4503.02 and 4504.02 of the Revised Code are paid into any other	137889
fund. The deposit of revenues to meet the aforementioned cash	137890
needs shall be in approximately equal amounts on a monthly basis	137891
or as otherwise determined by the Director of Budget and	137892
Management pursuant to a plan submitted by the Registrar of	137893
Motor Vehicles.	137894

CASH TRANSFERS FROM THE STATE BUREAU OF MOTOR VEHICLES FUND

137895

Notwithstanding any provision of law to the contrary, on July	137896
1, 2009, or as soon as possible thereafter, the Director of Budget	137897
and Management may transfer, from the Bureau of Motor Vehicles	137898
Fund (Fund 4W40), cash in the amounts of up to $635,293 to the	137899
Justice Program Services Fund (Fund 4P60), up to $3,284,464 to the	137900
EMA Service and Reimbursement Fund (Fund 4V30), and up to $879,060	137901
to the Investigations Fund (Fund 5FL0).	137902

Notwithstanding any provision to the contrary, the Director	137903
of Budget and Management may make additional cash transfers in	137904
fiscal years 2010 and 2011 from the Bureau of Motor Vehicles Fund	137905
(Fund 4W40) to any of the following five funds if the Director of	137906
Public Safety determines that the cash balance is insufficient in	137907
those funds and requests the Director to make the transfer: the	137908
Justice Program Services Fund (Fund 4P60), the EMA Service and	137909
Reimbursement Fund (Fund 4V30), the Investigations Fund (Fund	137910
5FL0), the Homeland Security Fund (Fund 5DS0), and the Trauma and	137911
Emergency Medical Services Fund (Fund 83M0).	137912

CAPITAL PROJECTS

137913

The Registrar of Motor Vehicles may transfer cash from the	137914
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State	137915
Highway Safety Fund (Fund 7036) to meet its obligations for	137916
capital projects CIR-047, Department of Public Safety Office	137917
Building and CIR-049, Warehouse Facility.	137918

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

137919

The foregoing appropriation item 761401, Lease Rental	137920
Payments, shall be used for payments to the Ohio Building	137921
Authority for the period July 1, 2009, to June 30, 2011, under the	137922
primary leases and agreements for public safety related buildings	137923
financed by obligations issued under Chapter 152. of the Revised	137924
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	137925
Building Authority may, with approval of the Director of Budget	137926
and Management, lease capital facilities to the Department of	137927
Public Safety.	137928

HILLTOP TRANSFER

137929

The Director of Public Safety shall determine, per an	137930
agreement with the Director of Transportation, the share of each	137931
debt service payment made out of appropriation item 761401, Lease	137932
Rental Payments, that relates to the Department of	137933
Transportation's portion of the Hilltop Building Project, and	137934
shall certify to the Director of Budget and Management the amounts	137935
of this share. The Director of Budget and Management shall	137936
transfer the amounts of such shares from the Highway Operating	137937
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).	137938

CASH TRANSFERS OF SEAT BELT FINE REVENUES

137939

Notwithstanding any provision of law to the contrary, the	137940
Controlling Board, upon request of the Director of Public Safety,	137941
may approve the transfer of cash between the following four funds	137942
that receive fine revenues from enforcement of the mandatory seat	137943
belt law: the Trauma and Emergency Medical Services Fund (Fund	137944
83M0), the Elementary School Program Fund (Fund 83N0), the Trauma	137945
and Emergency Medical Services Grants Fund (Fund 83P0), and the	137946
Seat Belt Education Fund (Fund 8440).	137947

STATE DISASTER RELIEF

137948

The State Disaster Relief Fund (Fund 5330) may accept	137949
transfers of cash and appropriations from Controlling Board	137950
appropriation items for Ohio Emergency Management Agency disaster	137951
response costs and disaster program management costs, and may	137952
also be used for the following purposes:	137953

(A) To accept transfers of cash and appropriations from	137954
Controlling Board appropriation items for Ohio Emergency	137955
Management Agency public assistance and mitigation program match	137956
costs to reimburse eligible local governments and private	137957
nonprofit organizations for costs related to disasters;	137958

(B) To accept and transfer cash to reimburse the costs	137959
associated with Emergency Management Assistance Compact (EMAC)	137960
deployments;	137961

(C) To accept disaster related reimbursement from federal,	137962
state, and local governments. The Director of Budget and	137963
Management may transfer cash from reimbursements received by this	137964
fund to other funds of the state from which transfers were	137965
originally approved by the Controlling Board.	137966

(D) To accept transfers of cash and appropriations from	137967
Controlling Board appropriation items to fund the State Disaster	137968
Relief Program, for disasters that have been declared by the	137969
Governor, and the State Individual Assistance Program for	137970
disasters that have been declared by the Governor and the federal	137971
Small Business Administration. The Ohio Emergency Management	137972
Agency shall publish and make available application packets	137973
outlining procedures for the State Disaster Relief Program and the	137974
State Individual Assistance Program.	137975

JUSTICE ASSISTANCE GRANT FUND

137976

The federal payments made to the state for the Byrne Justice	137977
Assistance Grants Program under Title II of Division A of the	137978
American Recovery and Reinvestment Act of 2009 shall be deposited	137979
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	137980
which is hereby created in the state treasury. All investment	137981
earnings of the fund shall be credited to the fund.	137982

JUSTICE ASSISTANCE GRANTS

137983

The foregoing appropriation ~~item~~items 768612, Federal	137984
Stimulus - Justice Assistance Grants, and 768613, Federal	137985
Stimulus - Justice Programs, shall be used to support activities	137986
to prevent and control crime and to improve the criminal justice	137987
system.	137988

FAMILY VIOLENCE PREVENTION FUND

137989

Notwithstanding any provision of law to the contrary, in	137990
each of fiscal years 2010 and 2011, the first $750,000 received	137991
to the credit of the Family Violence Prevention Fund (Fund 5BK0)	137992
in each of those fiscal years shall be appropriated to	137993
appropriation item 768689, Family Violence Shelter Programs, and	137994
the next $400,000 received to the credit of Fund 5BK0 in each of	137995
those fiscal years shall be appropriated to appropriation item	137996
768687, Criminal Justice Services - Operating. Any moneys	137997
received to the credit of Fund 5BK0 in excess of the	137998
aforementioned appropriated amounts in each fiscal year shall,	137999
upon the approval of the Controlling Board, be used to provide	138000
grants to family violence shelters in Ohio.	138001

SARA TITLE III HAZMAT PLANNING

138002

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	138003
entitled to receive grant funds from the Emergency Response	138004
Commission to implement the Emergency Management Agency's	138005
responsibilities under Chapter 3750. of the Revised Code.	138006

COLLECTIVE BARGAINING INCREASES

138007

Notwithstanding division (D) of section 127.14 and division	138008
(B) of section 131.35 of the Revised Code, except for the General	138009
Revenue Fund, the Controlling Board may, upon the request of	138010
either the Director of Budget and Management, or the Department of	138011
Public Safety with the approval of the Director of Budget and	138012
Management, increase appropriations for any fund, as necessary for	138013
the Department of Public Safety, to assist in paying the costs of	138014
increases in employee compensation that have occurred pursuant to	138015
collective bargaining agreements under Chapter 4117. of the	138016
Revised Code and, for exempt employees, under section 124.152 of	138017
the Revised Code.	138018

CASH BALANCE FUND REVIEW

138019

Not later than the first day of April in each fiscal year of	138020
the biennium, the Director of Budget and Management shall review	138021
the cash balances for each fund, except the State Highway Safety	138022
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	138023
4W40), in the State Highway Safety Fund Group, and shall	138024
recommend to the Controlling Board an amount to be transferred to	138025
the credit of Fund 7036 or Fund 4W40, as appropriate.	138026

Sec. 309.10. The federal payments made to the state for	138027
the Weatherization Assistance Program and the State Energy Grant	138028
Program under Title IV of Division A of the American Recovery	138029
and Reinvestment Act of 2009, and for the Homelessness Prevention	138030
Fund under Title XII of Division A of the American Recovery and	138031
Reinvestment Act of 2009, shall be deposited to the credit of	138032
the Federal Special Revenue Fund (Fund 3080).	138033

The federal payments made to the state for the Energy Star	138034
Rebate Program under the American Recovery and Reinvestment Act	138035
of 2009 shall be deposited to the credit of the Energy Star	138036
Rebate Program Fund (Fund 3DA0), which is hereby created in the	138037
state treasury.	138038

The federal payments made to the state for the Energy	138039
Efficiency and Conservation Block Grants Program under Title IV of	138040
Division A of the American Recovery and Reinvestment Act of 2009	138041
shall be deposited to the credit of the Energy Efficiency and	138042
Conservation Block Grants Fund (Fund 3DB0), which is hereby	138043
created in the state treasury.	138044

The federal payments made to the state for the Community	138045
Development Block Grant program under Title XII of Division A of	138046
the American Recovery and Reinvestment Act of 2009 shall be	138047
deposited to the credit of the Community Development Block Grant	138048
Fund (Fund 3K80).	138049

The federal payments made to the state for community	138050
services block grants under Title XII of Division A of the	138051
American Recovery and Reinvestment Act of 2009 shall be deposited	138052
to the credit of the Community Services Block Grant Fund (Fund	138053
3L00).	138054

The federal payments made to the state for the Home	138055
Investment Partnerships Program under Title XII of Division A of	138056
the American Recovery and Reinvestment Act of 2009 shall be	138057
deposited to the credit of the HOME Program Fund (Fund 3V10).	138058

The items in this division are appropriated as designated	138059
out of any moneys in the state treasury to the credit of their	138060
respective funds that are not otherwise appropriated.	138061

Appropriations

DEV DEPARTMENT OF DEVELOPMENT	138062

Federal Special Revenue Fund Group	138063

3080	195603	Housing and Urban Development	$	$	26,205,724	138064
3080	195605	Federal Projects	$	$	266,781,409	138065
3080	195618	Energy Federal Grants	$	$	96,083,000	138066
3DA0	195632	Federal Stimulus - Energy Star Rebate Program	$	$	11,000,000	138067
3DB0	195642	Federal Stimulus - Energy Efficiency and Conservation Block Grants	$	$	~~21,000,000~~ 24,979,600	138068
3K80	195613	Community Development Block Grant	$	$	12,957,527	138069
3L00	195612	Community Services Block Grant	$	$	38,979,000	138070
3V10	195601	HOME Program	$	$	83,484,547	138071
TOTAL FED Federal Special Revenue Fund Group			$	$	~~556,491,207~~ 560,470,807	138072
TOTAL ALL BUDGET FUND GROUPS			$	$	~~556,491,207~~ 560,470,807	138073

The foregoing appropriation item 195605, Federal Projects,	138074
shall be used to carry out the Home Weatherization Assistance	138075
Program, subject to any requirements of the American Recovery and	138076
Reinvestment Act of 2009 that apply to the money appropriated.	138077

The foregoing appropriation items 195603, Housing and Urban	138078
Development, 195618, Energy Federal Grants, 195613, Community	138079
Development Block Grant, 195612, Community Services Block Grant,	138080
195601, HOME Program, 195632, Federal Stimulus - Energy Star	138081
Rebate Program, and 195642, Federal Stimulus - Energy Efficiency	138082
and Conservation Block Grants, shall be used in accordance with	138083
the requirements of the American Recovery and Reinvestment Act of	138084
2009 that apply to the money appropriated.	138085

Sec. 317.10. (A) ~~The federal payments made to the state for~~	138086
~~the Immunization Program under Title VIII of Division A of the~~	138087
~~American Recovery and Reinvestment Act of 2009 shall be deposited~~	138088
~~to the credit of the Preventive Health Block Grant Fund (Fund~~	138089
~~3870).~~	138090

~~(B)~~ The federal payments made to the state for the Special	138091
Supplemental Nutrition Program under Title VIII of Division A of	138092
the American Recovery and Reinvestment Act of 2009 shall be	138093
deposited to the credit of the Women, Infants, and Children Fund	138094
(Fund 3890).	138095

~~(C)~~(B) The federal payments made to the state for the IDEA –	138096
Infants and Children Program under Title VIII of Division A of the	138097
American Recovery and Reinvestment Act of 2009 shall be deposited	138098
to the credit of the General Operations Fund (Fund 3920).	138099

~~(D)~~(C) The items in this section are appropriated as	138100
designated out of any moneys in the state treasury to the credit	138101
of their respective funds that are not otherwise appropriated.	138102

Appropriations

DOH DEPARTMENT OF HEALTH	138103

Federal Special Revenue Fund Group	138104

3890	440604	Women, Infants, and Children	$	$	2,000,000	138105
3920	440618	Federal Public Health Programs	$	$	14,410,000	138106
TOTAL FED Federal Special Revenue Fund Group			$	$	16,410,000	138107
TOTAL ALL BUDGET FUND GROUPS			$	$	16,410,000	138108

The foregoing appropriation items 440604, Women, Infants,	138109
and Children, and 440618, Federal Public Health Programs, shall be	138110
used in accordance with the requirements of the American	138111
Recovery and Reinvestment Act of 2009 that apply to the money	138112
appropriated.	138113

Sec. 321.10. The federal payments made to the state for	138114
the Vocational Rehabilitation Program under Title VIII of	138115
Division A of the American Recovery and Reinvestment Act of 2009	138116
shall be deposited to the credit of the Consolidated Federal Fund	138117
(Fund 3790).	138118

The federal payments made to the state for the Independent	138119
Living Program under Title VIII of Division A of the American	138120
Recovery and Reinvestment Act of 2009 shall be deposited to the	138121
credit of the Independent Living/Vocational Rehabilitation Fund	138122
(Fund 3L40).	138123

The items in this section are appropriated as designated out	138124
of any moneys in the state treasury to the credit of their	138125
respective funds that are not otherwise appropriated.	138126

Appropriations

RSC REHABILITATION SERVICES COMMISSION	138127

Federal Special Revenue Fund Group	138128

3790	415616	Federal - Vocational Rehabilitation	$	$	21,590,000	138129
3L40	415612	Federal Independent Living Centers or Services	$	$	~~509,000~~ 509,170	138130
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	$	1,392,958	138131
4680	415618	Third Party Funding	$	$	245,816	138132
TOTAL FED Federal Special Revenue Fund Group			$	$	~~23,491,958~~ 23,737,944	138133
TOTAL ALL BUDGET FUND GROUPS			$	$	~~23,491,958~~ 23,737,944	138134

The foregoing appropriation items 415616, Federal –	138135
Vocational Rehabilitation, 415612, Federal Independent Living	138136
Centers or Services, and 415617, Independent Living/Vocational	138137
Rehabilitation Programs, shall be used in accordance with the	138138
requirements of the American Recovery and Reinvestment Act of 2009	138139
that apply to the money appropriated.	138140

Sec. 325.20. Expenditures from appropriations made in	138141
~~Sections 325.05 and~~Section 325.10 shall be accounted for as	138142
though made in Am. Sub. H.B. 67 of the 127th General Assembly.	138143
However, law contained in the relevant operating appropriations	138144
act that is generally applicable to the appropriations made in	138145
that act also is generally applicable to the appropriations made	138146
in ~~Sections 325.05 and~~Section 325.10 of ~~this act~~Am. Sub. H.B.	138147
2 of the 128th General Assembly.	138148

Sec. 327.10. The unexpended, unencumbered portions of the	138149
appropriation items made in Sections 303.10, 305.10, 307.10,	138150
309.10, 311.10, 313.10, 317.10, 318.10, 319.10, 321.10, ~~325.05,~~	138151
and 325.10 of Am. Sub. H.B. 2 of the 128th General Assembly at	138152
the end of fiscal year 2009 are hereby reappropriated for the	138153
same purposes for fiscal year 2010.	138154

Section 601.11. That existing Sections 205.10, 309.10,	138155
317.10, 321.10, 325.20, and 327.10 of Am. Sub. H.B. 2 of the	138156
128th General Assembly are hereby repealed.	138157

Section 610.10. That Sections 103.80.80, 103.80.90,	138158
301.10.50, and 301.30.30 of H.B. 496 of the 127th General	138159
Assembly be amended to read as follows:	138160

Reappropriations

Sec. 103.80.80. OSB SCHOOL FOR THE BLIND

138161

C22606	Glass Windows/East Wall of Natatorium	$	63,726	138162
C22607	Renovation of Science Laboratory Greenhouse	$	58,850	138163
C22608	Renovating Recreation Area	$	213,900	138164
C22609	New Classrooms for Secondary MH Program	$	996,164	138165
C22610	Renovation of Student Health Service Area	$	144,375	138166
C22611	Replacement of Cottage Windows	$	208,725	138167
C22612	Residential Renovations	$	~~7,043~~ 41,649	138168
C22613	Food Preparation Area Air Conditioning	$	67,250	138169
C22614	New School Lighting	$	184,500	138170
C22616	Renovation and Repairs	$	890,000	138171
C22617	Elevator Replacement	$	110,000	138172
Total Ohio School for the Blind		$	~~2,944,533~~ 2,979,139	138173

RESIDENTIAL RENOVATIONS

138174

The amount reappropriated for the foregoing appropriation	138175
item C22612, Residential Renovations, is the unencumbered and	138176
unallotted balance as of June 30, 2008, in appropriation item	138177
C22612, Residential Renovations, plus $34,606.	138178

Reappropriations

Sec. 103.80.90. OSD SCHOOL FOR THE DEAF

138179

C22103	Dormitory Renovations	$	2,833	138180
C22104	Boilers, Blowers, and Controls for the School Complex	$	47,360	138181
C22105	Central Warehouse	$	676,624	138182
C22106	Storage Barn	$	~~330,850~~ 384,279	138183
C22107	Renovation and Repairs	$	1,000,000	138184
Total Ohio School for the Deaf		$	~~2,057,667~~ 2,111,096	138185
TOTAL Administrative Building Fund		$	~~101,617,431~~ 101,705,466	138186

STORAGE BARN

138187

The amount reappropriated for the foregoing appropriation	138188
item C22106, Storage Barn, is the unencumbered and unallotted	138189
balance as of June 30, 2008, in appropriation item C22106, Storage	138190
Barn, plus $53,429.	138191

Sec. 301.10.50. THIRD FRONTIER PROJECT

138192

The foregoing appropriation item C23506, Third Frontier	138193
Project, shall be used to acquire, renovate, or construct	138194
facilities and purchase equipment for research programs,	138195
technology development, product development, and	138196
commercialization programs at or involving state-supported and	138197
state-assisted institutions of higher education. The funds shall	138198
be used to make grants awarded on a competitive basis, and shall	138199
be administered by the Third Frontier Commission. Expenditure of	138200
these funds shall comply with Section 2n of Article VIII, Ohio	138201
Constitution, and sections 151.01 and 151.04 of the Revised Code	138202
for the period beginning July 1, 2008, and ending June 30, 2010.	138203

Of the foregoing appropriation item C23506, Third Frontier	138204
Project, a portion of the unexpended, unencumbered portion at the	138205
end of fiscal year 2008 that was allocated for the implementation	138206
of the NextGen Network, and is necessary for the continuation of	138207
the implementation of the Connect Ohio contract, shall be used for	138208
the same purpose in fiscal year 2009 and fiscal year 2010.	138209

The Third Frontier Commission shall develop guidelines	138210
relative to the application for and selection of projects funded	138211
from appropriation item C23506, Third Frontier Project. The	138212
commission may develop these guidelines in consultation with other	138213
interested parties. The Board of Regents and all state-assisted	138214
and state-supported institutions of higher education shall take	138215
all actions necessary to implement grants awarded by the Third	138216
Frontier Commission.	138217

The foregoing appropriation item C23506, Third Frontier	138218
Project, for which an appropriation is made from the Higher	138219
Education Improvement Fund (Fund 7034), is determined to consist	138220
of capital improvements and capital facilities for	138221
state-supported and state-assisted institutions of higher	138222
education, and is designated for the capital facilities to which	138223
proceeds of obligations in the Higher Education Improvement Fund	138224
(Fund 7034) are to be applied.	138225

Reappropriations

Sec. 301.30.30. WSU WRIGHT STATE UNIVERSITY

138226

C27500	Basic Renovations	$	4,543,368	138227
C27501	Basic Renovations - Lake	$	86,157	138228
C27504	Library Access Consolidation System	$	5,551,183	138229
C27505	Information Technology Center	$	23,860	138230
C27506	Specialized Communication	$	7,798	138231
C27508	Environmental Technology Consortium	$	6,298	138232
C27511	Electrical Infrastructure - Phase 1	$	80,151	138233
C27513	Science Lab Renovations - Planning	$	9,484,384	138234
C27514	Lake Campus University Center	$	2,007,909	138235
C27517	Video Analysis Content Extraction	$	56,641	138236
C27523	Advanced Data Manager	$	186,309	138237
C27526	Lake Campus Rehabilitation	$	478,906	138238
C27527	Advanced Technology Intelligence Center	$	2,500,000	138239
~~C27529~~	~~Consolidated Community Project - Greene~~	$	~~750,000~~	138240
C27531	Glenn Helen Preserve Eco Art Classroom	$	15,000	138241
C27541	WSU STEM School	$	750,000	138242
Total Wright State University		$	25,777,964	138243

Section 610.11. That existing Sections 103.80.80, 103.80.90,	138245
301.10.50, and 301.30.30 of H.B. 496 of the 127th General	138246
Assembly are hereby repealed.	138247

Section 610.12. That Section 301.60.50 of H.B. 496 of the	138248
127th General Assembly, as amended by Am. Sub. H.B. 420 of the	138249
127th General Assembly, be amended to read as follows:	138250

Reappropriations

Sec. 301.60.50. STC STARK TECHNICAL COLLEGE

138251

C38900	Basic Renovations	$	374,496	138252
C38901	Instructional and Data Processing Equipment	$	22,356	138253
C38903	Timken Regional Campus Technology Project	$	219,659	138254
C38912	Health and Science Building	$	4,814,648	138255
Total Stark Technical College		$	5,431,159	138256
TOTAL Higher Education Improvement Fund		$	~~828,556,976~~ 832,056,976	138257

Section 610.13. That existing Section 301.60.50 of H.B. 496	138259
of the 127th General Assembly, as amended by Am. Sub. H.B. 420 of	138260
the 127th General Assembly is hereby repealed.	138261

Section 610.14. That Section 301.20.20 of H.B. 496 of the	138262
127th General Assembly, as amended by Am. Sub. H.B. 562 of the	138263
127th General Assembly, be amended to read as follows:	138264

Reappropriations

Sec. 301.20.20. BGU BOWLING GREEN STATE UNIVERSITY

138265

C24000	Basic Renovations	$	10,751,883	138266
C24001	Basic Renovations - Firelands	$	811,360	138267
C24002	Instructional and Data Processing Equipment	$	1,200,186	138268
C24004	ADA Modifications	$	19,544	138269
C24005	Child Care Facility	$	49,406	138270
C24007	Materials Network	$	90,981	138271
C24008	Video Link	$	10,644	138272
C24013	Hannah Hall Rehabilitation	$	2,005,522	138273
C24014	Biology Lab Renovation	$	12,533,708	138274
C24015	Campus-Wide Paving/Sidewalk Upgrade	$	4,899	138275
C24016	Student Learning	$	13,149	138276
C24017	Video Teaching Network	$	5,436	138277
C24019	Kinetic Spectrometry Consortium	$	77,671	138278
C24020	Admissions Visitor Center	$	3,000,000	138279
C24021	Theatre/Performing Arts Complex	$	8,750,000	138280
C24022	University Hall Rehabilitation	$	1,174,981	138281
C24025	Administration Building Fire Alarm System	$	83,986	138282
C24026	Campus-Wide Carpet Upgrade	$	329,700	138283
C24027	Reroof East, West, and North Buildings	$	173,999	138284
C24028	Instructional Laboratory - Phase 1	$	960,000	138285
C24031	Health Center Addition	$	9,750,000	138286
C24032	Student Services Building Replacement	$	8,100,000	138287
C24033	BGU Aviation Improvements	$	500,000	138288
C24034	Tunnel Upgrade-Phase II	$	98,820	138289
C24035	Library Depository Northwest	$	56,000	138290
~~C24036~~	~~Wood County Environmental Health Project~~	$	~~700,000~~	138291
C24041	BGSU Ice Arena	$	300,000	138292
C24042	Water Quality Lab Equipment	$	200,000	138293
C24043	Center for Microscopy and Microanalysis	$	200,000	138294
Total Bowling Green State University		$	61,251,875	138295

Section 610.15. That existing Section 301.20.20 of H.B. 496	138297
of the 127th General Assembly, as amended by Am. Sub. H.B. 562	138298
of the 127th General Assembly is hereby repealed.	138299

Section 610.20. That Section 11 of Am. Sub. H.B. 554 of the	138300
127th General Assembly be amended to read as follows:	138301

Sec. 11. (A) All items set forth in this division are hereby	138302
appropriated out of any moneys in the state treasury, for the	138303
biennium ending on June 30, 2010, to the credit of the Advanced	138304
Energy Research and Development Taxable Fund (Fund 7004) that are	138305
not otherwise appropriated:	138306

AIR AIR QUALITY DEVELOPMENT AUTHORITY	138307

C89800		Advanced Energy ~~R&D~~ Research and Development Taxable	$	~~9,000,000~~ 18,000,000	138308
Total Air Quality Development Authority			$	~~9,000,000~~ 18,000,000	138309
TOTAL Advanced Energy Research and Development Taxable Fund			$	~~9,000,000~~ 18,000,000	138310
	138311

(B) All items set forth in this division are hereby	138312
appropriated out of any moneys in the state treasury, for the	138313
biennium ending on June 30, 2010, to the credit of the Advanced	138314
Energy Research and Development Fund (Fund 7005) that are not	138315
otherwise appropriated:	138316

AIR AIR QUALITY DEVELOPMENT AUTHORITY	138317

C89801		Advanced Energy ~~R&D~~ Research and Development	$	~~19,000,000~~ 38,000,000	138318
Total Air Quality Development Authority			$	~~19,000,000~~ 38,000,000	138319
TOTAL Advanced Energy Research and Development Fund			$	~~19,000,000~~ 38,000,000	138320
	138321

(C) The foregoing appropriation items C89800, Advanced Energy	138322
~~R&D~~Research and Development Taxable, and C89801, Advanced Energy	138323
~~R&D~~Research and Development, shall be used for advanced energy	138324
projects in the manner provided in sections 3706.25 to 3706.30	138325
of the Revised Code. The Executive Director of the Air Quality	138326
Development Authority may certify to the Director of Budget and	138327
Management that a need exists to appropriate investment	138328
earnings of funds 7004 and 7005 to be so used. If the Director	138329
of Budget and Management, pursuant to sections 3706.25 to	138330
3706.30 of the Revised Code, determines that investment	138331
earnings are available to support additional appropriations,	138332
such amounts are hereby appropriated.	138333

(D) Upon the request of the Executive Director of the Air	138334
Quality Development Authority, the Director of Budget and	138335
Management may transfer cash between funds 7004 and 7005. Amounts	138336
transferred are hereby appropriated.	138337

(E) Expenditures from appropriations contained in this	138338
section may be accounted as though made in the main capital	138339
appropriations act of the FY 2009-FY 2010 biennium of the 127th	138340
General Assembly. The appropriations made in this section are	138341
subject to all provisions of the FY 2009-FY 2010 biennial capital	138342
appropriations act of the 127th General Assembly that are	138343
generally applicable to such appropriations.	138344

Section 610.21. That existing Section 11 of Am. Sub. H.B. 554	138345
of the 127th General Assembly is hereby repealed.	138346

Section 610.30. That Sections 233.30.20, 233.30.50,	138347
233.40.30, 235.10, and 701.20 of Am. Sub. H.B. 562 of the 127th	138348
General Assembly be amended to read as follows:	138349

Appropriations

Sec. 233.30.20. BGU BOWLING GREEN STATE UNIVERSITY

138350

C24000	Basic Renovations	$	4,354,164	138351
C24001	Basic Renovations - Firelands	$	298,536	138352
C24021	Fine Art and Theater Complex	$	6,116,000	138353
C24037	Academic Buildings Rehabilitation	$	6,857,801	138354
C24038	Health Sciences Building	$	934,363	138355
~~C24039~~	~~Wood County Health District Facility~~	$	~~1,200,000~~	138356
C24040	James H. McBride Arboretum at BGSU Firelands	$	378,000	138357
C24041	BGSU Ice Arena	$	1,200,000	138358
Total Bowling Green University		$	20,138,864	138359

Appropriations

Sec. 233.30.50. CLS CLEVELAND STATE UNIVERSITY

138361

C26000	Basic Renovations	$	6,431,121	138362
C26027	Cleveland Playhouse	$	150,000	138363
C26035	Cleveland Institute of Art	$	500,000	138364
C26048	Rhodes Tower Renovation	$	4,030,166	138365
C26049	Basic Science Building HVAC and Electrical Upgrade	$	1,125,000	138366
C26050	Law Building Renovation	$	3,500,000	138367
C26051	Cleveland Hearing and Speech Center	$	125,000	138368
C26052	University Hospitals Ireland Cancer Center	$	3,000,000	138369
C26053	Playhouse Square Center	$	350,000	138370
Total Cleveland State University		$	~~19,061,287~~ 19,211,287	138371

Appropriations

Sec. 233.40.30. CTI COLUMBUS STATE COMMUNITY COLLEGE

138373

C38400	Basic Renovations	$	1,691,834	138374
C38411	Columbus Hall Renovation	$	5,470,913	138375
C38412	Painters Apprenticeship Council	$	500,000	138376
C38413	Jewish Community Center NE Initiative	$	575,000	138377
C38414	Somali Community Center	$	100,000	138378
C38415	Building E	$	1,200,000	138379
Total Columbus State Community College		$	~~8,337,747~~ 9,537,747	138380

Sec. 235.10. The items set forth in this section are hereby	138382
appropriated out of any moneys in the state treasury to the	138383
credit of the Parks and Recreation Improvement Fund (Fund 7035)	138384
that are not otherwise appropriated.	138385

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	138386

C725A0	State Parks, Campgrounds, Cabins, & Lodges	$	5,150,000	138387
C725A9	Park Boating Facilities - Shawnee Marina	$	1,000,000	138388
C725B8	Upgrade Underground Fuel Storage Tanks - Statewide	$	250,000	138389
C725E2	Local Parks Projects	$	26,227,333	138390
C725E6	Project Planning	$	500,000	138391
C725L8	Statewide Trails Program - Hocking Hills Trails Rehabilitation Phase II	$	1,000,000	138392
C725M5	Middle Bass Island State Park - Marina	$	4,000,000	138393
C725N0	Handicapped Accessibility - Statewide	$	100,000	138394
C725N4	Hazardous Waste/Asbestos Abatement - Statewide	$	150,000	138395
C725N6	Statewide Wastewater/Water Systems Upgrade	$	3,000,000	138396
C725R3	State Park Renovations/Upgrading - Statewide Beach Bath House Replacement	$	1,000,000	138397
Total Department of Natural Resources		$	42,377,333	138398
TOTAL Parks and Recreation Improvement Fund		$	42,377,333	138399

FEDERAL REIMBURSEMENT

138400

All reimbursements received from the federal government for	138401
any expenditures made pursuant to this section shall be deposited	138402
in the state treasury to the credit of the Parks and Recreation	138403
Improvement Fund (Fund 7035).	138404

LOCAL PARKS PROJECTS

138405

Of the foregoing appropriation item C725E2, Local Parks	138406
Projects, an amount equal to two per cent of the projects listed	138407
may be used by the Department of Natural Resources for the	138408
administration of local projects, $3,050,000 shall be used for the	138409
Scioto Mile Development, $2,000,000 shall be used for the	138410
Riverfront Park, $2,000,000 shall be used for the Goodyear Park,	138411
$1,090,000 shall be used for the Sterling Park, $1,000,000 shall	138412
be used for the Little Miami Trail extension - Hamilton County	138413
Park District, $675,000 shall be used for the Anthony Wayne Youth	138414
Foundation Recreation area, $100,000 shall be used for the Euclid	138415
Beach Pier, $500,000 shall be used for the Euclid Marina	138416
Breakwater Project, $500,000 shall be used for the Columbus Crew	138417
Facility - Hilliard, $500,000 shall be used for the Franklin Park	138418
Conservatory, $500,000 shall be used for the Colerain Township	138419
Park, $500,000 shall be used for the Green Township Legacy Place	138420
Park, $475,000 shall be used for the Dublin Emerald Fields Special	138421
Needs Playground, $450,000 shall be used for the Sippo Lake Park	138422
improvements, $400,000 shall be used for the Mentor Beach Park or	138423
Mentor Lagoons Marina, $400,000 shall be used for the Harrison	138424
Park - Wick District - Smoky, $400,000 shall be used for the	138425
Wayne County Rails to Trails Project, $350,000 shall be used by	138426
Franklin County Metro Parks for the Whittier Peninsula Park,	138427
$350,000 shall be used for the Perry Township Park, $733,333 shall	138428
be used for the East Bank of the Flats, $175,000 shall be used for	138429
the New Richmond Park, $300,000 shall be used for the Beavercreek	138430
Wildlife Education Center, $300,000 shall be used for the	138431
Versailles Park Project, $300,000 shall be used for the Madison	138432
Township Park, $284,000 shall be used for the Bike and Pedestrian	138433
Path - SugarTree Corridor, $275,000 shall be used for the	138434
Montville Township Park Project, $250,000 shall be used for the	138435
Grand Lake St. Mary's Shoreline Rip Rap Project, $250,000 shall be	138436
used for the West Chester Beckett Park Improvements, $250,000	138437
shall be used for the City of Strongsville Family Aquatic Center,	138438
$250,000 shall be used for the Reis Park improvements, $250,000	138439
shall be used for the McIntyre Park Hiking and Biking Trails,	138440
$250,000 shall be used for the Circleville Community Park Project,	138441
$250,000 shall be used for the Fremont Area Foundation Park	138442
athletic facilities, $250,000 shall be used for the Alliance Park,	138443
$250,000 shall be used for the Audubon Ohio Nature Center,	138444
$200,000 shall be used for the Maple Heights Pool/Park	138445
improvements, $200,000 shall be used for the Lancaster Community	138446
Parks revitalization, $200,000 shall be used for the Grandview	138447
Yard Public Park, $200,000 shall be used for the Wyoming City	138448
Regional Park, $200,000 shall be used for the Chagrin River	138449
Lakefront Park, $200,000 shall be used for the Aullwood Audubon	138450
Center, $400,000 shall be used for the Austin Pike Project - land	138451
acquisition, $200,000 shall be used for the Mary Virginia Crites	138452
Hammum Community Park, $500,000 shall be used for the Canton	138453
Water Facilities Park Project, $150,000 shall be used for the Lima	138454
Historic Athletic Field, $150,000 shall be used for the Myers	138455
Memorial Bandshell, $150,000 shall be used for the City of Logan	138456
Park/Pool improvements, $150,000 shall be used for the Houston	138457
Fisher Memorial Park improvements, $150,000 shall be used for the	138458
Indian Lake State Park Campground Electrical Improvements,	138459
$150,000 shall be used for the Avon Lake Veterans Park	138460
improvements, $125,000 shall be used for the York Township Park	138461
land acquisition, $124,500 shall be used for the Salt Fork	138462
Concession Stand, $100,000 shall be used for the Monroe	138463
Veterans' Memorial Park, $100,000 shall be used for the Rivers	138464
Edge Bikeway, $100,000 shall be used for the Mayfield Heights	138465
Park Facility improvement, $100,000 shall be used for the Auburn	138466
Township Community Park, $100,000 shall be used for the Kidron	138467
Community Park Improvements, $100,000 shall be used for the Lucas	138468
County Marina, $100,000 shall be used for the Youngstown City	138469
Park, $100,000 shall be used for the Salisbury Township Park	138470
improvements/land acquisition, $100,000 shall be used for the	138471
Community Built Playground, $100,000 shall be used for the Burkes	138472
Point Park, $100,000 shall be used for the Barberton Newton Park,	138473
$100,000 shall be used for the Crown Point Conservation Easement,	138474
$100,000 shall be used for the Mudbrook Trail and Greenway	138475
Project, $100,000 shall be used for the Waddell Park in the City	138476
of Niles, $100,000 shall be used for the Moonville Rail Trail	138477
Project, $100,000 shall be used for the Springboro Park	138478
improvements, $75,000 shall be used for the Ault Park	138479
improvements, $75,000 shall be used for the Willard Soccer and	138480
Football Park Project, $75,000 shall be used for the Austintown	138481
Nature Rooms, $75,000 shall be used for the Meigs Local	138482
Enrichment Project Multi-Purpose Complex, $75,000 shall be used	138483
for the Miracle League facility - Muskingum County, $70,000	138484
shall be used for the City of Nelsonville ~~Park/land acquisition~~	138485
to acquire land, make park improvements, or purchase park-related	138486
equipment, $65,000 shall be used for the Village of Jacksonville	138487
Park improvements, $58,500 shall be used by the Greene County	138488
Parks and Recreation Department to provide recreational	138489
opportunities, $50,000 shall be used for the Ohio Wildlife	138490
Center, $50,000 shall be used for the Kelley's Island Park	138491
Restroom PHASE II, $50,000 shall be used for the Little League	138492
Challenger Field - Cambridge, $50,000 shall be used for the Avon	138493
Isle Park improvements, $50,000 shall be used for the Monroe	138494
Township, Clermont County Fair Oak Park, $46,000 shall be used	138495
for the Huntington Township Park Projects, $35,000 shall be	138496
used for the Village of Buchtel Park improvements, $35,000	138497
shall be used for the Village of Syracuse Park improvements,	138498
$30,000 shall be used for the Village of Albany Park	138499
improvements, $30,000 shall be used for the Village of Aberdeen	138500
Boat Dock, $30,000 shall be used for the Village of Hamler	138501
Parks improvement, $25,000 shall be used for the Coshocton	138502
Children's Park, $25,000 shall be used for the Alt Park	138503
improvements, $25,000 shall be used for the Cambridge	138504
Handicapped Playground, $25,000 shall be used for the Murray	138505
City Community Parks improvement, $25,000 shall be used for the	138506
Marblehead Lighthouse State Park - Replica Life Boat Station,	138507
$25,000 shall be used for the Village of Attica Park	138508
Maintenance, $20,000 shall be used for the Village of Stockport	138509
Park improvements, $15,000 shall be used for the Village of	138510
Salineville Baseball Field, $15,000 shall be used for the City of	138511
Parma Heights Greenbriar Commons Park Walking Trail, $10,000	138512
shall be used for the Village of Albany Bike Paths, $10,000	138513
shall be used for the Salem Park Board, $10,000 shall be used	138514
for the Village of Pomeroy Mini Park improvements, $10,000	138515
shall be used for the Skyvue Outdoor Classroom, and $6,000	138516
shall be used for the Wadsworth Skate Park.	138517

Sec. 701.20. (A) The Ohio Commission on Local Government	138518
Reform and Collaboration shall develop recommendations on ways	138519
to increase the efficiency and effectiveness of local government	138520
operations, to achieve cost savings for taxpayers, and to	138521
facilitate economic development in this state. In developing the	138522
recommendations, the commission shall consider, but is not	138523
limited to, the following:	138524

(1) Restructuring and streamlining local government offices	138525
to achieve efficiencies and cost savings for taxpayers and to	138526
facilitate local economic development;	138527

(2) Restructuring and streamlining special taxing districts	138528
and local government authorities authorized by the constitution	138529
or the laws of this state to levy a tax of any kind or to have a	138530
tax of any kind levied on its behalf, and of local government	138531
units, including schools and libraries, to reduce overhead and	138532
administrative expenses;	138533

(3) Restructuring, streamlining, and finding ways to	138534
collaborate on the delivery of services, functions, or	138535
authorities of local government to achieve cost savings for	138536
taxpayers;	138537

(4) Examining the relationship of services provided by the	138538
state to services provided by local government and the possible	138539
realignment of state and local services to increase efficiency and	138540
improve accountability; ~~and~~	138541

(5) Ways of reforming or restructuring constitutional,	138542
statutory, and administrative laws to facilitate collaboration	138543
for local economic development, to increase the efficiency and	138544
effectiveness of local government operations, to identify	138545
duplication of services, and to achieve costs savings for	138546
taxpayers;	138547

(6) Making annual financial reporting across local	138548
governments consistent for ease of comparison; and	138549

(7) Aligning regional planning units across state agencies.

138550

(B)(1) There is hereby created the Ohio Commission on Local	138551
Government Reform and Collaboration, consisting of fifteen voting	138552
members. The President of the Senate shall appoint three members,	138553
one of whom may be a person who is recommended by the Minority	138554
Leader of the Senate. The Speaker of the House of Representatives	138555
shall appoint three members, one of whom may be a person who is	138556
recommended by the Minority Leader of the House of	138557
Representatives. The Governor shall appoint three members. One	138558
member shall be appointed by, and shall represent, each of the	138559
following organizations: the Ohio Municipal League, the Ohio	138560
Township Association, the Ohio School Boards Association, the	138561
County Commissioners' Association of Ohio, the Ohio Library	138562
Council, and the Ohio Association of Regional Councils. The	138563
initial appointments shall be made not later than ninety days	138564
after the effective date of this section. Vacancies shall be	138565
filled in the manner provided for original appointments.	138566
Members are not entitled to compensation for their services.	138567

(2) The initial meeting of the commission shall be called by	138568
the Governor within forty-five days after the initial appointments	138569
to the commission are complete. The commission shall elect two of	138570
its members to serve as co-chairpersons of the commission.	138571

(C) The commission may create an advisory council consisting	138572
of interested parties representing taxing authorities and	138573
political subdivisions that are not taxing authorities. The	138574
appointment of members to the advisory council is a matter of the	138575
commission's discretion. The commission may direct the advisory	138576
council to provide relevant information to the commission.	138577
Advisory council members are not members of the commission, and	138578
may not vote on commission business.	138579

(D) The commission may consult with and obtain assistance	138580
from state institutions of higher education (as defined in section	138581
3345.011 of the Revised Code) and from business organizations for	138582
research and data gathering related to its mission. State	138583
institutions of higher education and business organizations shall	138584
cooperate with the commission.	138585

(E) The commission shall issue a report of its findings and	138586
recommendations to the President of the Senate, the Speaker of the	138587
House of Representatives, and the Governor not later than July 1,	138588
2010. The commission ceases to exist upon submitting its report.	138589

Section 610.31. That existing Sections 233.30.20, 233.30.50,	138590
233.40.30, 235.10, and 701.20 of Am. Sub. H.B. 562 of the 127th	138591
General Assembly are hereby repealed.	138592

Section 610.40. That Section 231.20.30 of Am. Sub. H.B. 562	138593
of the 127th General Assembly, as amended by Am. Sub. H.B. 420 of	138594
the 127th General Assembly, be amended to read as follows:	138595

Appropriations

Sec. 231.20.30. DMR DEPARTMENT OF MENTAL RETARDATION AND	138596
DEVELOPMENTAL DISABILITIES	138597

STATEWIDE AND CENTRAL OFFICE PROJECTS	138598

C59004	Community Assistance Projects	$	13,551,537	138599
C59022	Razing of Buildings	$	200,000	138600
C59024	Telecommunications	$	400,000	138601
C59029	Generator Replacement	$	1,000,000	138602
C59034	Statewide Developmental Centers	$	4,294,237	138603
C59050	Emergency Improvements	$	500,000	138604
C59051	Energy Conservation	$	500,000	138605
C59052	Guernsey County MRDD Boiler Replacement	$	275,000	138606
C59054	~~Recreation Unlimited Life Center~~ Ashley Campus Support Company - Delaware	$	150,000	138607
C59055	Camp McKinley Improvements	$	30,000	138608
C59056	The Hope Learning Center	$	250,000	138609
Total Statewide and Central Office Projects		$	21,150,774	138610
TOTAL Department of Mental Retardation and Developmental Disabilities		$	21,150,774	138611
TOTAL Mental Health Facilities Improvement Fund		$	127,630,774	138612

COMMUNITY ASSISTANCE PROJECTS

138613

The foregoing appropriation item C59004, Community Assistance	138614
Projects, may be used to provide community assistance funds for	138615
the development, purchase, construction, or renovation of	138616
facilities for day programs or residential programs that provide	138617
services to persons eligible for services from the Department of	138618
Mental Retardation and Developmental Disabilities or county boards	138619
of mental retardation and developmental disabilities. Any funds	138620
provided to nonprofit agencies for the construction or renovation	138621
of facilities for persons eligible for services from the	138622
Department of Mental Retardation and Developmental Disabilities	138623
and county boards of mental retardation and developmental	138624
disabilities shall be governed by the prevailing wage provisions	138625
in section 176.05 of the Revised Code.	138626

Of the foregoing appropriation item C59004, Community	138627
Assistance Projects, $250,000 shall be used for North Olmsted	138628
Welcome House. Notwithstanding any provision of law to the	138629
contrary, North Olmsted Welcome House is not subject to the	138630
requirements of Chapter 153. of the Revised Code.	138631

Section 610.41. That existing Section 231.20.30 of Am. Sub.	138632
H.B. 562 of the 127th General Assembly, as amended by Am. Sub.	138633
H.B. 420 of the 127th General Assembly, is hereby repealed.	138634

Section 610.50. That Sections 227.10 and 233.50.80 of Am.	138635
Sub. H.B. 562 of the 127th General Assembly, as amended by Am.	138636
Sub. H.B. 420 of the 127th General Assembly, be amended to read	138637
as follows:	138638

Sec. 227.10. The items set forth in this section are hereby	138639
appropriated out of any moneys in the state treasury to the	138640
credit of the Cultural and Sports Facilities Building Fund (Fund	138641
7030) that are not otherwise appropriated.	138642

Appropriations

AFC CULTURAL FACILITIES COMMISSION	138643

C37118	Statewide Site Repairs	$	650,000	138644
C37120	Cincinnati Museum Center	$	2,500,000	138645
C37122	Akron Art Museum	$	700,000	138646
C37123	Youngstown Symphony Orchestra	$	675,000	138647
C37127	Cedar Bog	$	50,000	138648
C37139	Stan Hywet Hall & Gardens	$	1,050,000	138649
C37140	McKinley Museum Improvements	$	200,000	138650
C37142	Midland Theatre Improvements	$	300,000	138651
C37148	Hayes Presidential Center	$	150,000	138652
C37152	Zoar Village Building Restoration	$	90,000	138653
C37153	Basic Renovations and Emergency Repairs	$	850,000	138654
C37158	Rankin House Restoration and Development	$	242,000	138655
C37163	Harding Home and Tomb	$	340,000	138656
C37165	Ohio Historical Center Rehabilitation	$	514,000	138657
C37187	Renaissance Theatre	$	900,000	138658
C37188	Trumpet in the Land Facility	$	150,000	138659
C371A3	Voice of America Museum Facility	$	500,000	138660
C371A9	Western Reserve Historical Society	$	300,000	138661
C371C7	Music Hall Facility	$	1,100,000	138662
C371E5	Pro Football Hall of Fame	$	500,000	138663
C371F6	Colony Theater	$	250,000	138664
C371G4	Collections Storage Facility and Learning Center	$	1,240,000	138665
C371G6	Lockington Locks Stabilization	$	462,000	138666
C371H2	National Underground Railroad Freedom Center	$	850,000	138667
C371H5	Heritage Center of Dayton Manufacturing & Entrepreneurship	$	1,000,000	138668
C371H7	COSI - Columbus	$	500,000	138669
C371H8	Columbus Museum of Art	$	1,500,000	138670
C371J3	Davis-Shai Historical Facility	$	725,000	138671
C371J4	Massillon Museum Improvements	$	150,000	138672
C371J6	Peggy McConnell Arts Center - Worthington	$	475,000	138673
C371J9	Stambaugh Auditorium	$	675,000	138674
C371K3	Cincinnati Ballet	$	250,000	138675
C371L3	Ukrainian Museum	$	50,000	138676
C371L4	Gordon Square Arts District	$	1,800,000	138677
C371M8	Hale Farm and Village	$	200,000	138678
C371O9	Historic Site-Signage - Phase II	$	50,000	138679
~~C371P4~~	~~Cleveland Playhouse~~	$	~~150,000~~	138680
C371P9	Civil War Site Improvements	$	475,000	138681
C371Q0	On-Line Portal to Ohio's Heritage	$	427,000	138682
C371Q1	Lucas County Multi-purpose Sports Arena	$	2,200,000	138683
C371Q2	Ballpark Village project	$	2,000,000	138684
C371Q5	Cincinnati Zoo	$	1,500,000	138685
C371Q6	Cincinnati Art Museum	$	1,500,000	138686
C371R0	King Arts Complex	$	861,000	138687
C371R3	Loudonville Opera House	$	600,000	138688
C371R4	Eagles Palace Theater	$	410,000	138689
C371R6	Historic McCook House	$	500,000	138690
C371R7	Jeffrey Mansion in Bexley	$	475,000	138691
C371R8	Columbus Zoo and Aquarium	$	500,000	138692
C371S0	Towpath Trail	$	500,000	138693
C371S1	Museum of Contemporary Art Cleveland	$	450,000	138694
C371S2	Arts in Stark Cultural Center	$	150,000	138695
C371S3	Ohio Genealogical Society	$	350,000	138696
C371S5	The Fine Arts Association	$	300,000	138697
C371S7	Maltz Museum of Jewish Heritage	$	300,000	138698
C371S8	Allen County Historical Society Museum Renovation	$	280,000	138699
C371S9	Portsmouth Mural	$	250,000	138700
				138701
C371T2	Bucyrus Little Theater Restoration Project	$	250,000	138702
C371T3	Boonshoft Museum of Discovery	$	250,000	138703
C371T5	Cliffton Cultural Arts Center	$	250,000	138704
C371T6	Baltimore Theatre	$	50,000	138705
C371T7	Rock Mill Park Improvements	$	150,000	138706
C371T9	Cozad-Bates House Historic Project	$	100,000	138707
C371U3	Lake Erie Nature & Science Center	$	200,000	138708
C371U4	Great Lakes Science Center	$	300,000	138709
C371U5	Cleveland Zoological Society	$	150,000	138710
C371U8	Kidron Historical Society - Sonnenberg Village project	$	200,000	138711
C371V0	Chesterhill Union Hall Theatre	$	25,000	138712
C371V1	Geauga County Historical Society - Maple Museum	$	20,000	138713
C371V2	Hallsville Historical Society	$	100,000	138714
C371V3	Fayette County Historical Society	$	150,000	138715
C371V4	Covedale Theatre	$	100,000	138716
C371V5	Mariemont City - Women's Cultural Arts Center	$	220,000	138717
C371V6	Madeira Historical Society/Miller House	$	60,000	138718
C371V7	Sylvania Historic Village restoration	$	200,000	138719
C371V9	Henry County Historical Society museum	$	59,000	138720
C371W0	Antwerp Railroad Depot historic building	$	106,000	138721
C371W1	Village of Edinburg Veterans Memorial	$	35,000	138722
C371W2	Lorain County Historical Society Horace Starr House	$	200,000	138723
C371W3	North Ridgeville Historic Community Theater	$	175,000	138724
C371W4	Redbrick Center for the Arts	$	200,000	138725
C371W5	Irene Lawrence Fuller Historic House	$	250,000	138726
C371W6	Preble County Historical Society Amphitheater	$	250,000	138727
C371W7	BalletTech	$	200,000	138728
C371W8	Cincinnati Museum Center - Eulett Center	$	150,000	138729
C371W9	Rickenbacker Boyhood Home	$	139,000	138730
C371X0	Rivers Edge Amphitheater project	$	100,000	138731
C371X1	Variety Theater	$	85,000	138732
C371X2	Morgan Township Historical Society	$	80,000	138733
C371X3	Salem Community Theater	$	53,000	138734
C371X4	Our House State Memorial	$	50,000	138735
C371X5	Belle's Opera House Improvements	$	50,000	138736
C371X6	Warren Veterans memorial	$	50,000	138737
C371X7	Huntington Playhouse	$	40,000	138738
C371X8	Cambridge Performing Arts Center	$	37,500	138739
C371X9	Old Harvey Historic School Restoration	$	25,000	138740
C371Y0	Dalton Community Historical Society	$	10,000	138741
C371Y1	Mohawk Veterans' Memorial	$	15,000	138742
C371Y2	Cleveland Museum of Natural History	$	150,000	138743
C371Y3	Fire Museum	$	83,334	138744
C371Y4	New Town Indian Artifact Museum	$	300,000	138745
C371Y5	City of Perrysburg Fort Meigs	$	200,000	138746
C371Y6	Historic League Park Restoration	$	150,000	138747
C371Y8	Madisonville Arts Center of Hamilton County	$	36,000	138748
C371Z0	Marietta Citizens Armory Cultural Center	$	200,000	138749
C371Z1	Great Lakes Historical Museum	$	200,000	138750
C371Z3	Port of Lorain Foundation - Lorain Lighthouse Restoration	$	190,000	138751
Total Cultural Facilities Commission		$	~~42,759,834~~ 42,609,834	138752
TOTAL Cultural and Sports Facilities Building Fund		$	~~42,759,834~~ 42,609,834	138753

Of the foregoing appropriation item C371Q5, Cincinnati Zoo,	138754
$750,000 shall be used for the Cat Canyon/Small Cat Reproduction	138755
Center project.	138756

Appropriations

Sec. 233.50.80. STC STARK TECHNICAL COLLEGE

138757

C38900	Basic Renovations	$	786,333	138758
C38913	Business Technologies Building	$	2,034,537	138759
C38914	Corporate and Community Services Facility	$	500,000	138760
Total Stark Technical College		$	3,320,870	138761
Total Board of Regents and				138762
Institutions of Higher Education		$	~~598,559,802~~ 600,209,802	138763
TOTAL Higher Education Improvement Fund		$	~~609,109,802~~ 610,759,802	138764

Section 610.51. That existing Sections 227.10 and 233.50.80	138766
of Am. Sub. H.B. 562 of the 127th General Assembly, as amended by	138767
Am. Sub. H.B. 420 of the 127th General Assembly are hereby	138768
repealed.	138769

Section 610.61. That Section 217.11 of Am. Sub. H.B. 562 of	138770
the 127th General Assembly, as amended by Am. Sub. H.B. 2 of the	138771
128th General Assembly, be amended to read as follows:	138772

Sec. 217.11. CLEAN OHIO REVITALIZATION

138773

The Treasurer of State is hereby authorized to issue and	138774
sell, in accordance with Section 2o and 2q of Article VIII, Ohio	138775
Constitution, and pursuant to sections 151.01 and 151.40 of the	138776
Revised Code, original obligations in an aggregate principal	138777
amount not to exceed $100,000,000 in addition to the original	138778
issuance of obligations heretofore authorized by prior acts of the	138779
General Assembly. These authorized obligations shall be issued	138780
and sold from time to time, subject to applicable constitutional	138781
and statutory limitations, as needed to ensure sufficient moneys	138782
to the credit of the Clean Ohio Revitalization Fund (Fund 7003) to	138783
pay costs of revitalization projects.	138784

CLEAN OHIO PROJECT SAVINGS REALLOCATION

138785

Notwithstanding division (A) of section 122.658 of the	138786
Revised Code, the Director of Development may reallocate moneys	138787
for the purposes of section 122.653 or 122.656 of the Revised	138788
Code if the Department of Development realizes Clean Ohio Fund	138789
project savings attributable to any of the following instances:	138790

(A) The completion of any project for less than the amount of	138791
grant funds awarded, subject to the local matching funds	138792
participation requirement;	138793

(B) The cancellation of grant awards in which Clean Ohio Fund	138794
moneys have been encumbered for a project but not disbursed,	138795
including those for which a grantee has decided not to proceed	138796
with a project or for which the project term has expired without	138797
substantial project progress; or	138798

(C) Any recapture of Clean Ohio Fund moneys due to a	138799
grantee's default or failure to perform the conditions of the	138800
grant agreement.	138801

Section 610.62. That existing Section 217.11 of Am. Sub. H.B.	138802
562 of the 127th General Assembly, as amended by Am. Sub. H.B. 2	138803
of the 128th General Assembly, is hereby repealed.	138804

Section 620.10. That Section 831.06 of Am. Sub. H.B. 530 of	138805
the 126th General Assembly be amended to read as follows:	138806

Sec. 831.06. The amendments by this act of the first	138807
paragraph of division (F) of section 5751.01, of division	138808
(F)(2)(w) of section 5751.01, of the first paragraph of section	138809
~~5751.032~~5751.53, and of divisions (A)(7) and (A)(8)(c) of section	138810
5751.032 of the Revised Code are nonsubstantive corrections of	138811
errors in Chapter 5751. of the Revised Code.	138812

Section 620.11. That existing Section 831.06 of Am. Sub. H.B.	138813
530 of the 126th General Assembly is hereby repealed.	138814

Section 630.10. That Section 4 of Am. Sub. H.B. 516 of the	138815
125th General Assembly, as most recently amended by Am. Sub. H.B.	138816
100 of the 127th General Assembly, be amended to read as follows:	138817

Sec. 4. The following agencies shall be retained pursuant to	138818
division (D) of section 101.83 of the Revised Code and shall	138819
expire on December 31, 2010:	138820

	REVISED CODE OR	138821
	UNCODIFIED	138822
AGENCY NAME	SECTION	138823

Administrator, Interstate Compact on Mental Health	5119.50	138824
Administrator, Interstate Compact on	5103.20	138825
Placement of Children		138826
Advisory Board of Governor's Office of Faith-Based and Community Initiatives	107.12	138827
Advisory Boards to the EPA for Air Pollution	121.13	138828
Advisory Boards to the EPA for Water Pollution	121.13	138829
Advisory Committee of the State Veterinary Medical Licensing Board	4741.03(D)(3)	138830
Advisory Committee on Livestock Exhibitions	901.71	138831
Advisory Council on Amusement Ride Safety	1711.51	138832
Advisory Board of Directors for Prison Labor	5145.162	138833
Advisory Council for Each Wild, Scenic, or Recreational River Area	1517.18	138834
Advisory Councils or Boards for State Departments	107.18 or 121.13	138835
Advisory Group to the Ohio Water Resources Council	1521.19(C)	138836
Alzheimer's Disease Task Force	173.04(F)	138837
AMBER Alert Advisory Committee	5502.521	138838
Apprenticeship Council	4139.02	138839
Armory Board of Control	5911.09	138840
Automated Title Processing Board	4505.09(C)(1)	138841
Banking Commission	1123.01	138842
Board of Directors of the Ohio Health Reinsurance Program	3924.08	138843
Board of Voting Machine Examiners	3506.05(B)	138844
Brain Injury Advisory Committee	3304.231	138845
Capitol Square Review and Advisory Board	105.41	138846
Child Support Guideline Advisory Council	3119.024	138847
Children's Trust Fund Board	3109.15	138848
Citizens Advisory Committee (BMV)	4501.025	138849
Citizen's Advisory Councils (Dept. of Mental Retardation and Developmental Disabilities)	5123.092	138850
Clean Ohio Trail Advisory Board	1519.06	138851
Coastal Resources Advisory Council	1506.12	138852
Commission on African-American Males	4112.12	138853
Commission on Hispanic-Latino Affairs	121.31	138854
Commission on Minority Health	3701.78	138855
Committee on Prescriptive Governance	4723.49	138856
Commodity Advisory Commission	926.32	138857
~~Community Mental Retardation and Developmental Disabilities Trust Fund Advisory Council~~	~~5123.353~~	138858
Community Oversight Council	3311.77	138859
Compassionate Care Task Force	Section 3, H.B. 474, 124th GA	138860
Continuing Education Committee (for Sheriffs)	109.80	138861
Coordinating Committee, Agricultural Commodity Marketing Programs	924.14	138862
Council on Alcohol and Drug Addiction Services	3793.09	138863
Council on Unreclaimed Strip Mined Lands	1513.29	138864
~~Council to Advise on the Establishment and Implementation of the Birth Defects Information System~~	~~3705.34~~	138865
County Sheriffs' Standard Car-Marking and Uniform Commission	311.25	138866
Credit Union Council	1733.329	138867
Criminal Sentencing Advisory Committee	181.22	138868
Day-Care Advisory Council	5104.08	138869
Dentist Loan Repayment Advisory Board	3702.92	138870
Development Financing Advisory Council	122.40	138871
Education Commission of the States (Interstate Compact for Education)	3301.48	138872
Electrical Safety Inspector Advisory Committee	3783.08	138873
Emergency Response Commission	3750.02	138874
Engineering Experiment Station Advisory Committee	3335.27	138875
Environmental Education Council	3745.21	138876
EPA Advisory Boards or Councils	121.13	138877
Farmland Preservation Advisory Board	901.23	138878
Financial Planning & Supervision Commission for Municipal Corporation, County, or Township	118.05	138879
Financial Planning & Supervision Commission for School District	3316.05	138880
Forestry Advisory Council	1503.40	138881
Governance Authority for a State University or College	3345.75	138882
~~Governor's Advisory Council on Physical Fitness, Wellness, & Sports~~	~~3701.77~~	138883
Governor's Council on People with Disabilities	3303.41	138884
Governor's Residence Advisory Commission	107.40	138885
Great Lakes Commission (Great Lakes Basin Compact)	6161.01	138886
Gubernatorial Transition Committee	107.29	138887
Head Start Partnership Study Council	Section 41.35, H.B. 95, 125th GA	138888
Hemophilia Advisory Subcommittee	3701.0210	138889
Housing Trust Fund Advisory Committee	~~175.25~~ 174.06	138890
Industrial Commission Nominating Council	4121.04	138891
Industrial Technology and Enterprise Advisory Council	122.29	138892
Infant Hearing Screening Subcommittee	3701.507	138893
Insurance Agent Education Advisory Council	3905.483	138894
Interagency Council on Hispanic/Latino Affairs	121.32(J)	138895
Interstate Mining Commission (Interstate Mining Compact)	1514.30	138896
Interstate Rail Passenger Advisory Council (Interstate High Speed Intercity Rail Passenger Network Compact)	4981.35	138897
Joint Council on MR/DD	101.37	138898
Joint Select Committee on Volume Cap	133.021	138899
Labor-Management Government Advisory Council	4121.70	138900
Legal Rights Service Commission	5123.60	138901
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research	103.51	138902
Maternal and Child Health Council	3701.025	138903
Medically Handicapped Children's Medical Advisory Council	3701.025	138904
Midwest Interstate Passenger Rail Compact Commission (Ohio members)	4981.361	138905
Military Activation Task Force	5902.15	138906
Milk Sanitation Board	917.03	138907
Mine Subsidence Insurance Governing Board	3929.51	138908
Minority Development Financing Board	122.72	138909
Multi-Agency Radio Communications Systems Steering Committee	Sec. 21, H.B. 790, 120th GA	138910
Multidisciplinary Council	3746.03	138911
Muskingum River Advisory Council	1501.25	138912
National Museum of Afro-American History and Culture Planning Committee	149.303	138913
Ohio Advisory Council for the Aging	173.03	138914
Ohio Aerospace & Defense Advisory Council	122.98	138915
Ohio Arts Council	3379.02	138916
Ohio Business Gateway Steering Committee	5703.57	138917
Ohio Cemetery Dispute Resolution Commission	4767.05	138918
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils	4112.04(B)	138919
Ohio Commercial Insurance Joint Underwriting Association Board Of Governors	3930.03	138920
Ohio Commercial Market Assistance Plan Executive Committee	3930.02	138921
Ohio Commission on Dispute Resolution and Conflict Management	179.02	138922
Ohio Commission to Reform Medicaid	Section 59.29, H.B. 95, 125th GA	138923
Ohio Community Service Council	121.40	138924
Ohio Council for Interstate Adult Offender Supervision	5149.22	138925
Ohio Cultural Facilities Commission	3383.02	138926
Ohio Developmental Disabilities Council	5123.35	138927
Ohio Expositions Commission	991.02	138928
Ohio Family and Children First Cabinet Council	121.37	138929
Ohio Geology Advisory Council	1505.11	138930
Ohio Grape Industries Committee	924.51	138931
Ohio Hepatitis C Advisory Commission	3701.92	138932
Ohio Historic Site Preservation Advisory Board	149.301	138933
Ohio Historical Society Board of Trustees	149.30	138934
Ohio Judicial Conference	105.91	138935
Ohio Lake Erie Commission	1506.21	138936
Ohio Medical Malpractice Commission	Section 4, S.B. 281, 124th GA and Section 3, S.B. 86, 125th GA	138937
Ohio Medical Quality Foundation	3701.89	138938
Ohio Parks and Recreation Council	1541.40	138939
Ohio Peace Officer Training Commission	109.71	138940
Ohio Public Defender Commission	120.01	138941
Ohio Public Library Information Network Board	Sec. 69, H.B. 117, 121st GA, as amended by H.B. 284, 121st GA	138942
Ohio Quarter Horse Development Commission	3769.086	138943
Ohio Small Government Capital Improvements Commission	164.02	138944
Ohio Soil and Water Conservation Commission	1515.02	138945
Ohio Standardbred Development Commission	3769.085	138946
Ohio Steel Industry Advisory Council	122.97	138947
~~Ohio Teacher Education and Licensure Advisory Council~~	~~3319.28(D)~~	138948
Ohio Thoroughbred Racing Advisory Committee	3769.084	138949
Ohio Tuition Trust Authority	3334.03	138950
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10	138951
Ohio Vendors Representative Committee	3304.34	138952
Ohio War Orphans Scholarship Board	5910.02	138953
Ohio Water Advisory Council	1521.031	138954
Ohio Water Resources Council	1521.19	138955
Ohioana Library Association, Martha Kinney Cooper Memorial	3375.62	138956
Oil and Gas Commission	1509.35	138957
Operating Committee, Agricultural Commodity Marketing Programs	924.07	138958
Organized Crime Investigations Commission	177.01	138959
Pharmacy and Therapeutics Committee of the Dept. of Job and Family Services	~~5111.81~~ 5111.084	138960
Physician Loan Repayment Advisory Board	3702.81	138961
Power Siting Board	4906.02	138962
Prequalification Review Board	5525.07	138963
Private Water Systems Advisory Council	3701.346	138964
Public Employment Risk Reduction Advisory Commission	4167.02	138965
Public Health Council	3701.33	138966
Public Utilities Commission Nominating Council	4901.021	138967
Public Utility Property Tax Study Committee	5727.85	138968
Radiation Advisory Council	3748.20	138969
Reclamation Commission	1513.05	138970
Recreation and Resources Commission	1501.04	138971
Recycling and Litter Prevention Advisory Council	1502.04	138972
Rehabilitation Services Commission Consumer Advisory Committee	3304.24	138973
Savings & Loans Associations & Savings Banks Board	1181.16	138974
Schools and Ministerial Lands Divestiture Committee	501.041	138975
Second Chance Trust Fund Advisory Committee	2108.17	138976
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	138977
Solid Waste Management Advisory Council	3734.51	138978
State Agency Coordinating Group	1521.19	138979
State Board of Emergency Medical Services Subcommittees	4765.04	138980
State Council of Uniform State Laws	105.21	138981
State Committee for the Purchase of Products and Services Provided by Persons with Severe Disabilities	4115.32	138982
State Criminal Sentencing Commission	181.21	138983
State Fire Commission	3737.81	138984
State Racing Commission	3769.02	138985
State Victims Assistance Advisory Committee	109.91	138986
Student Tuition Recovery Authority	3332.081	138987
Tax Credit Authority	122.17	138988
Technical Advisory Committee to Assist the Director of the Ohio Coal Development Office	1551.35	138989
Technical Advisory Council on Oil and Gas	1509.38	138990
Transportation Review Advisory Council	5512.07	138991
Unemployment Compensation Review Commission	4141.06	138992
Unemployment Compensation Advisory Council	4141.08	138993
Utility Radiological Safety Board	4937.02	138994
Vehicle Management Commission	125.833	138995
Veterans Advisory Committee	5902.02(K)	138996
Volunteer Fire Fighters' Dependents Fund Boards (Private and Public)	146.02	138997
Water and Sewer Commission	1525.11(C)	138998
Waterways Safety Council	1547.73	138999
Wildlife Council	1531.03	139000
Workers' Compensation Board of Directors Nominating Committee	4121.123	139001

Section 630.11. That existing Section 4 of Am. Sub. H.B. 516	139002
of the 125th General Assembly, as most recently amended by Am.	139003
Sub. H.B. 100 of the 127th General Assembly, is hereby repealed.	139004

Section 640.10. That Section 153 of Am. Sub. H.B. 117 of the	139005
121st General Assembly, as most recently amended by Am. Sub. H.B.	139006
119 of the 127th General Assembly, be amended to read as follows:	139007

Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05,	139008
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18,	139009
5112.19, 5112.21, and 5112.99 of the Revised Code are hereby	139010
repealed, effective October 16, ~~2009~~2011.	139011

(B) Any money remaining in the Legislative Budget Services	139012
Fund on October 16, ~~2009~~2011, the date that section 5112.19 of	139013
the Revised Code is repealed by division (A) of this section,	139014
shall be used solely for the purposes stated in then former	139015
section 5112.19 of the Revised Code. When all money in the	139016
Legislative Budget Services Fund has been spent after then former	139017
section 5112.19 of the Revised Code is repealed under division (A)	139018
of this section, the fund shall cease to exist.	139019

Section 640.11. That existing Section 153 of Am. Sub. H.B.	139020
117 of the 121st General Assembly, as most recently amended by	139021
Am. Sub. H.B. 119 of the 127th General Assembly, is hereby	139022
repealed.	139023

Section 640.20. That Sections 120.01 and 120.02 of Am.	139024
Sub. H.B. 119 of the 127th General Assembly be amended to read as	139025
follows:	139026

Sec. 120.01. During the period beginning July 1, 2007, and	139027
expiring ~~July~~January 1, ~~2009~~2010, the operation of sections	139028
3718.02, 3718.05, 3718.06, 3718.07, 3718.08, 3718.09, 3718.10,	139029
3718.99, and 6111.441 of the Revised Code is suspended. On ~~July~~	139030
January 1, ~~2009~~2010, sections 3718.02, 3718.05, 3718.06,	139031
3718.07, 3718.08, 3718.09, 3718.10, 3718.99, and 6111.441 of	139032
the Revised Code, in either their present form or as they are	139033
later amended, again become operational.	139034

Sec. 120.02. (A)(1) Effective July 2, 2007, the rules	139035
adopted by the Public Health Council under section 3718.02 of the	139036
Revised Code that took effect on January 1, 2007, are not valid.	139037
Not later than July 2, 2007, the Director of Health shall adopt	139038
rules that are identical to the rules adopted by the Public Health	139039
Council that were in effect prior to January 1, 2007, and were	139040
codified in Chapter 3701-29 of the Administrative Code, except the	139041
rules in that chapter that established requirements for separation	139042
distances from a water table and soil absorption requirements.	139043

At the same time that the Public Health Council adopts the	139044
rules required under division (A)(2) of this section, the Director	139045
shall rescind the rules adopted under this division.	139046

The adoption and rescission of rules under this division are	139047
not subject to section 119.03 of the Revised Code. However, the	139048
Director shall file the adoption and rescission of the rules in	139049
accordance with section 119.04 of the Revised Code. Upon that	139050
filing, the adoption and rescission of the rules take immediate	139051
effect.	139052

(2) Not later than thirty days after the effective date of	139053
this section as enacted by Am. Sub. H.B. 119 of the 127th General	139054
Assembly and notwithstanding any provision of law to the	139055
contrary, the Public Health Council shall rescind rules adopted	139056
by the Council under section 3718.02 of the Revised Code, that	139057
took effect on January 1, 2007. At the same time as those rules	139058
are rescinded, the Council shall adopt rules that are identical	139059
to the rules adopted by the Council that were in effect prior to	139060
January 1, 2007, and were codified in Chapter 3701-29 of the	139061
Administrative Code, except the rules in that Chapter that	139062
established requirements for separation distances from a water	139063
table and soil absorption requirements. Instead, a board of health	139064
or the authority having the duties of a board of health shall	139065
adopt standards establishing requirements for separation distances	139066
from a water table and soil absorption requirements based on the	139067
water table and soils in the applicable health district for	139068
purposes of the installation and operation of household sewage	139069
treatment systems and small flow on-site sewage treatment systems	139070
in the applicable health district.	139071

The rescission and adoption of rules under this division are	139072
not subject to section 119.03 of the Revised Code. However, the	139073
Public Health Council shall file the rules in accordance with	139074
section 119.04 of the Revised Code. Upon that filing, the rules	139075
take immediate effect.	139076

(B) A local board of health or the authority having the	139077
duties of a board of health may adopt standards for use in the	139078
health district that are more stringent than the rules adopted	139079
under division (A)(1) or (2) of this section, provided that the	139080
board of health or authority having the duties of a board of	139081
health in adopting such standards considers the economic impact	139082
of those standards on property owners, the state of available	139083
technology, and the nature and economics of the available	139084
alternatives. If a board of health or authority having the duties	139085
of a board of health adopts standards that are more stringent	139086
than the rules adopted under division (A)(1) or (2) of this	139087
section, the board or authority shall send a copy of the	139088
standards to the Department of Health.	139089

(C)(1) A board of health or the authority having the duties	139090
of a board of health shall approve or deny the use of household	139091
sewage treatment systems and small flow on-site sewage treatment	139092
systems in the applicable health district. In approving or denying	139093
a household sewage treatment system or a small flow on-site sewage	139094
treatment system for use in the health district, the board or	139095
authority shall consider the economic impact of the system on	139096
property owners, the state of available technology, and the nature	139097
and economics of the available alternatives, ensure that a system	139098
will not create a public health nuisance, and require a system to	139099
comply with the requirements established in divisions (C)(2) and	139100
(3) of this section.	139101

(2) Notwithstanding any rule adopted by the Director of	139102
Health or the Public Health Council or standard adopted by a	139103
board of health or the authority having the duties of a board of	139104
health governing the installation and operation of sewage	139105
treatment systems, a board of health or the authority having the	139106
duties of a board of health shall ensure that the design and	139107
installation of a soil absorption system prevents public health	139108
nuisances. To the extent determined necessary by a board of	139109
health or the authority having the duties of a board of health, a	139110
sewage treatment system that is installed after the effective	139111
date of this section as enacted by Am. Sub. H.B. 119 of the 127th	139112
General Assembly shall not discharge to a ditch, stream, pond,	139113
lake, natural or artificial waterway, drain tile, other surface	139114
water, or the surface of the ground unless authorized by a	139115
national pollutant discharge elimination system (NPDES) permit	139116
issued under Chapter 6111. of the Revised Code and rules adopted	139117
under it. In addition, a sewage treatment system shall not	139118
discharge to an abandoned well, a drainage well, a dry well or	139119
cesspool, a sinkhole, or another connection to ground water. As a	139120
condition to the issuance of a permit to operate a system, a	139121
board of health or the authority having the duties of a board of	139122
health shall require a service contract for any sewage treatment	139123
system that is subject to an NPDES permit to the extent required	139124
by the Environmental Protection Agency. If classified as a class	139125
V injection well, a household sewage treatment system serving a	139126
two- or three-family dwelling or a small flow on-site sewage	139127
treatment system shall comply with 40 C.F.R. 144, as published in	139128
the July 1, 2005, Code of Federal Regulations and with the	139129
registration requirements established in rule 3745-34-13 of the	139130
Administrative Code.	139131

(3) Notwithstanding any rule adopted by the Director of	139132
Health or the Public Health Council or standard adopted by a	139133
board of health or the authority having the duties of a board of	139134
health governing the installation and operation of household	139135
sewage treatment systems, all septic tanks, other disposal	139136
component tanks, dosing tanks, pump vaults, household sewage	139137
disposal system holding tanks and privy vaults, or other	139138
applicable sewage disposal system components manufactured after	139139
the effective date of this section as enacted by Am. Sub. H.B. 119	139140
of the 127th General Assembly and used in this state shall be	139141
watertight and structurally sound.	139142

(4) For purposes of division (C) of this section, "economic	139143
impact" means all of the following with respect to the approval or	139144
denial of a household sewage treatment system or small flow	139145
on-site sewage treatment system, as applicable:	139146

(a) The cost of a proposed system;

139147

(b) The cost of an alternative system that will not create a	139148
public health nuisance;	139149

(c) A comparison of the costs of repairing a system as	139150
opposed to replacing the system with a new system;	139151

(d) The value of the dwelling or facility, as applicable,	139152
that the system services as indicated in the most recent tax	139153
duplicate.	139154

(D)(1) Notwithstanding any rule adopted by the Director of	139155
Health or the Public Health Council governing the installation and	139156
operation of household sewage treatment systems, a board of	139157
health or the authority having the duties of a board of health	139158
may establish and collect fees for the purposes of this section.	139159

(2) In addition to the fees that are authorized to be	139160
established under division (D)(1) of this section, there is hereby	139161
levied an application fee of twenty-five dollars for a sewage	139162
treatment system installation permit. A board of health or the	139163
authority having the duties of a board of health shall collect the	139164
fee on behalf of the Department of Health and forward the fee to	139165
the Department to be deposited in the state treasury to the credit	139166
of the Sewage Treatment System Innovation Fund, which is hereby	139167
created. Not more than seventy-five per cent of the money in the	139168
Fund shall be used by the Department to administer the sewage	139169
treatment system program, and not less than twenty-five per cent	139170
of the money in the Fund shall be used to establish a grant	139171
program in cooperation with boards of health to fund the	139172
installation and evaluation of new technology pilot projects. In	139173
the selection of the pilot projects, the Director of Health shall	139174
consult with the Sewage Treatment System Technical Advisory	139175
Committee created in section 3718.03 of the Revised Code.	139176

(E) Not later than one year after the installation of a	139177
household sewage treatment system, a board of health or the	139178
authority having the duties of a board of health shall inspect the	139179
system to ensure that it is not a public health nuisance.	139180

(F) The Department of Health may file an injunctive action	139181
against a board of health or the authority having the duties of a	139182
board of health that allows a household sewage treatment system or	139183
small flow on-site sewage treatment system to cause a public	139184
health nuisance, provided that the Department provides reasonable	139185
notice to the board or authority and allows for the opportunity to	139186
abate the nuisance prior to the action.	139187

(G) The Environmental Protection Agency shall not require a	139188
board of health or the authority having the duties of a board of	139189
health to enter into a memorandum of understanding or any other	139190
agreement with the Agency regarding the issuance of NPDES permits	139191
for off-lot sewage treatment systems. Instead, a representative of	139192
a board of health or the authority having the duties of a board of	139193
health may meet with a person who intends to install such a system	139194
to determine the feasibility of the system and refer the person to	139195
the Agency to secure an NPDES permit for the system if needed. The	139196
Environmental Protection Agency, within ninety days or as quickly	139197
as possible after the effective date of this section as enacted by	139198
Am. Sub. H.B. 119 of the 127th General Assembly, shall seek a	139199
revision to the general NPDES permit, issued pursuant to the	139200
federal Water Pollution Control Act as defined in section 6111.01	139201
of the Revised Code, in order not to require a memorandum of	139202
understanding with a board of health or the authority having the	139203
duties of a board of health and that allows a property owner to	139204
seek coverage under the general NPDES permit for purposes of this	139205
division. A board of health or the authority having the duties of	139206
a board of health voluntarily may enter into a memorandum of	139207
understanding with the Environmental Protection Agency to	139208
implement the general NPDES permit. In the interim, the Agency	139209
shall work with boards of health or authorities having the duties	139210
of boards of health and with property owners in order to	139211
facilitate the owners' securing an NPDES permit in counties	139212
without a memorandum of understanding.	139213

(H) Notwithstanding any rule adopted by the Director of	139214
Health or the Public Health Council governing the installation and	139215
operation of household sewage treatment systems, a board of	139216
health or the authority having the duties of a board of health	139217
that, prior to the effective date of this section, has obtained	139218
authority from the Department of Health and the Environmental	139219
Protection Agency to regulate small flow on-site sewage treatment	139220
systems may continue to regulate such systems on and after the	139221
effective date of this section as enacted by Am. Sub. H.B. 119 of	139222
the 127th General Assembly. A board of health or the authority	139223
having the duties of a board of health that has not obtained	139224
such authority may request the authority from the Department of	139225
Health and the Environmental Protection Agency in the manner	139226
provided by law.	139227

(I) Because the rules adopted by the Public Health Council	139228
under section 3718.02 of the Revised Code that were effective on	139229
January 1, 2007, have been rescinded by operation of this section,	139230
the references to those rules in section 3718.021 of the Revised	139231
Code are not operable. Instead, notwithstanding any other	139232
provisions of this section, the Director of Health or the Public	139233
Health Council, as applicable, shall provide for the	139234
implementation of section 3718.021 of the Revised Code in the	139235
rules that are required to be adopted under division (A) of this	139236
section.	139237

(J) The Department of Health in cooperation with a board of	139238
health or the authority having the duties of a board of health	139239
shall assess the familiarity of the board's or authority's staff	139240
with the best practices in the use of sewage treatment systems and	139241
conduct appropriate training to educate the board's or authority's	139242
staff in those best practices and in the use of any new sewage	139243
treatment system technology that is recommended for use by the	139244
Sewage Treatment System Technical Advisory Committee created in	139245
section 3718.03 of the Revised Code.	139246

(K)(1) As used in this section, "household sewage treatment	139247
system," "small flow on-site sewage treatment system," and "sewage	139248
treatment system" have the same meanings as in section 3718.01 of	139249
the Revised Code.	139250

(2) For the purposes of this section, "household sewage	139251
treatment system" is deemed to mean "household sewage disposal	139252
system" as necessary for the operation of this section.	139253

(3) For purposes of this section, a public health nuisance	139254
shall be deemed to exist when an inspection conducted by a board	139255
of health documents odor, color, or other visual manifestations of	139256
raw or poorly treated sewage and either of the following applies:	139257

(a) Water samples exceed five thousand fecal coliform counts	139258
per one hundred milliliters (either MPN or MF) in two or more	139259
samples when five or fewer samples are collected or in more than	139260
twenty per cent of the samples when more than five samples are	139261
taken.	139262

(b) Water samples exceed five hundred seventy-six E. Coli	139263
counts per one hundred milliliters in two or more samples when	139264
five or fewer samples are collected or in more than twenty per	139265
cent of the samples when more than five samples are taken.	139266

(L) Neither the Director of Health or the Public Health	139267
Council shall adopt rules prior to ~~July~~January 1, ~~2009~~2010, that	139268
modify or change the requirements established by this section.	139269

(M) This section expires on the effective date of the rules	139270
that are to be adopted under section 3718.02 of the Revised Code	139271
when that section becomes operational on ~~July~~January 1, ~~2009~~	139272
2010, pursuant to Section 120.01 of ~~this act~~Am. Sub. H.B. 119	139273
of the 127th General Assembly.	139274

Section 640.21. That existing Sections 120.01 and 120.02 of	139275
Am. Sub. H.B. 119 of the 127th General Assembly are hereby	139276
repealed.	139277

Section 640.22. That sections 711.001, 711.05, 711.10,	139278
711.131, 4736.01, 6111.04, and 6111.44 of the Revised Code be	139279
amended to read as follows:	139280

Sec. 711.001. As used in this chapter:

139281

(A) "Plat" means a map of a tract or parcel of land.

139282

(B) "Subdivision" means either of the following:

139283

(1) The division of any parcel of land shown as a unit or as	139284
contiguous units on the last preceding general tax list and	139285
duplicate of real and public utility property, into two or more	139286
parcels, sites, or lots, any one of which is less than five acres	139287
for the purpose, whether immediate or future, of transfer of	139288
ownership, provided, however, that the following are exempt:	139289

(a) A division or partition of land into parcels of more than	139290
five acres not involving any new streets or easements of access;	139291

(b) The sale or exchange of parcels between adjoining lot	139292
owners, where that sale or exchange does not create additional	139293
building sites;	139294

(c) If the planning authority adopts a rule in accordance	139295
with section 711.133 of the Revised Code that exempts from	139296
division (B)(1) of this section any parcel of land that is four	139297
acres or more, parcels in the size range delineated in that rule.	139298

(2) The improvement of one or more parcels of land for	139299
residential, commercial, or industrial structures or groups of	139300
structures involving the division or allocation of land for the	139301
opening, widening, or extension of any public or private street or	139302
streets, except private streets serving industrial structures, or	139303
involving the division or allocation of land as open spaces for	139304
common use by owners, occupants, or leaseholders or as easements	139305
for the extension and maintenance of public or private sewer,	139306
water, storm drainage, or other similar facilities.	139307

~~(C) "Household sewage treatment system" has the same meaning~~	139308
~~as in section 3709.091 of the Revised Code.~~	139309

Sec. 711.05. (A) Upon the submission of a plat for approval,	139310
in accordance with section 711.041 of the Revised Code, the board	139311
of county commissioners shall certify on it the date of the	139312
submission. Within five days of submission of the plat, the board	139313
shall schedule a meeting to consider the plat and send a written	139314
notice by regular mail to the fiscal officer of the board of	139315
township trustees of the township in which the plat is located and	139316
the board of health of the health district in which the plat is	139317
located. The notice shall inform the trustees and the board of	139318
health of the submission of the plat and of the date, time, and	139319
location of any meeting at which the board of county commissioners	139320
will consider or act upon the proposed plat. The meeting shall	139321
take place within thirty days of submission of the plat, and no	139322
meeting shall be held until at least seven days have passed from	139323
the date the notice was sent by the board of county commissioners.	139324
The approval of the board required by section 711.041 of the	139325
Revised Code or the refusal to approve shall take place within	139326
thirty days from the date of submission or such further time as	139327
the applying party may agree to in writing; otherwise, the plat is	139328
deemed approved and may be recorded as if bearing such approval.	139329

(B) The board may adopt general rules governing plats and	139330
subdivisions of land falling within its jurisdiction, to secure	139331
and provide for the coordination of the streets within the	139332
subdivision with existing streets and roads or with existing	139333
county highways, for the proper amount of open spaces for traffic,	139334
circulation, and utilities, and for the avoidance of future	139335
congestion of population detrimental to the public health, safety,	139336
or welfare, but shall not impose a greater minimum lot area than	139337
forty-eight hundred square feet. Before the board may amend or	139338
adopt rules, it shall notify all the townships in the county of	139339
the proposed amendments or rules by regular mail at least thirty	139340
days before the public meeting at which the proposed amendments or	139341
rules are to be considered.	139342

The rules may require the board of health to review and	139343
comment on a plat before the board of county commissioners acts	139344
upon it and may also require proof of compliance with any	139345
applicable zoning resolutions, and with ~~rules governing~~ household	139346
sewage treatment ~~systems~~rules adopted under section 3718.02 of	139347
the Revised Code, as a basis for approval of a plat. Where under	139348
section 711.101 of the Revised Code the board of county	139349
commissioners has set up standards and specifications for the	139350
construction of streets, utilities, and other improvements for	139351
common use, the general rules may require the submission of	139352
appropriate plans and specifications for approval. The board	139353
shall not require the person submitting the plat to alter the	139354
plat or any part of it as a condition for approval, as long as	139355
the plat is in accordance with general rules governing plats and	139356
subdivisions of land, adopted by the board as provided in this	139357
section, in effect at the time the plat was submitted and the	139358
plat is in accordance with any standards and specifications set	139359
up under section 711.101 of the Revised Code, in effect at the	139360
time the plat was submitted.	139361

(C) The ground of refusal to approve any plat, submitted in	139362
accordance with section 711.041 of the Revised Code, shall be	139363
stated upon the record of the board, and, within sixty days	139364
thereafter, the person submitting any plat that the board refuses	139365
to approve may file a petition in the court of common pleas of the	139366
county in which the land described in the plat is situated to	139367
review the action of the board. A board of township trustees is	139368
not entitled to appeal a decision of the board of county	139369
commissioners under this section.	139370

Sec. 711.10. (A) Whenever a county planning commission or a	139371
regional planning commission adopts a plan for the major streets	139372
or highways of the county or region, no plat of a subdivision of	139373
land within the county or region, other than land within a	139374
municipal corporation or land within three miles of a city or one	139375
and one-half miles of a village as provided in section 711.09 of	139376
the Revised Code, shall be recorded until it is approved by the	139377
county or regional planning commission under division (C) of this	139378
section and the approval is endorsed in writing on the plat.	139379

(B) A county or regional planning commission may require the	139380
submission of a preliminary plan for each plat sought to be	139381
recorded. If the commission requires this submission, it shall	139382
provide for a review process for the preliminary plan. Under this	139383
review process, the planning commission shall give its approval,	139384
its approval with conditions, or its disapproval of each	139385
preliminary plan. The commission's decision shall be in writing,	139386
shall be under the signature of the secretary of the commission,	139387
and shall be issued within thirty-five business days after the	139388
submission of the preliminary plan to the commission. The	139389
disapproval of a preliminary plan shall state the reasons for the	139390
disapproval. A decision of the commission under this division is	139391
preliminary to and separate from the commission's decision to	139392
approve, conditionally approve, or refuse to approve a plat under	139393
division (C) of this section.	139394

(C) Within five calendar days after the submission of a plat	139395
for approval under this division, the county or regional planning	139396
commission shall schedule a meeting to consider the plat and send	139397
a notice by regular mail or by electronic mail to the fiscal	139398
officer of the board of township trustees of the township in which	139399
the plat is located and the board of health of the health district	139400
in which the plat is located. The notice shall inform the trustees	139401
and the board of health of the submission of the plat and of the	139402
date, time, and location of any meeting at which the county or	139403
regional planning commission will consider or act upon the plat.	139404
The meeting shall take place within thirty calendar days after	139405
submission of the plat, and no meeting shall be held until at	139406
least seven calendar days have passed from the date the planning	139407
commission sent the notice.	139408

The approval of the county or regional planning commission,	139409
the commission's conditional approval as described in this	139410
division, or the refusal of the commission to approve shall be	139411
endorsed on the plat within thirty calendar days after the	139412
submission of the plat for approval under this division or within	139413
such further time as the applying party may agree to in writing;	139414
otherwise that plat is deemed approved, and the certificate of the	139415
commission as to the date of the submission of the plat for	139416
approval under this division and the failure to take action on it	139417
within that time shall be sufficient in lieu of the written	139418
endorsement or evidence of approval required by this division.	139419

A county or regional planning commission may grant	139420
conditional approval under this division to a plat by requiring a	139421
person submitting the plat to alter the plat or any part of it,	139422
within a specified period after the end of the thirty calendar	139423
days, as a condition for final approval under this division. Once	139424
all the conditions have been met within the specified period, the	139425
commission shall cause its final approval under this division to	139426
be endorsed on the plat. No plat shall be recorded until it is	139427
endorsed with the commission's final or unconditional approval	139428
under this division.	139429

The ground of refusal of approval of any plat submitted under	139430
this division, including citation of or reference to the rule	139431
violated by the plat, shall be stated upon the record of the	139432
county or regional planning commission. Within sixty calendar days	139433
after the refusal under this division, the person submitting any	139434
plat that the commission refuses to approve under this division	139435
may file a petition in the court of common pleas of the proper	139436
county, and the proceedings on the petition shall be governed by	139437
section 711.09 of the Revised Code as in the case of the refusal	139438
of a planning authority to approve a plat. A board of township	139439
trustees is not entitled to appeal a decision of the commission	139440
under this division.	139441

A county or regional planning commission shall adopt general	139442
rules, of uniform application, governing plats and subdivisions of	139443
land falling within its jurisdiction, to secure and provide for	139444
the proper arrangement of streets or other highways in relation to	139445
existing or planned streets or highways or to the county or	139446
regional plan, for adequate and convenient open spaces for	139447
traffic, utilities, access of firefighting apparatus, recreation,	139448
light, and air, and for the avoidance of congestion of population.	139449
The rules may provide for their modification by the commission in	139450
specific cases where unusual topographical and other exceptional	139451
conditions require the modification. The rules may require the	139452
board of health to review and comment on a plat before the	139453
commission acts upon it and also may require proof of compliance	139454
with any applicable zoning resolutions, and with ~~rules governing~~	139455
household sewage treatment ~~systems~~rules adopted under section	139456
3718.02 of the Revised Code, as a basis for approval of a plat.	139457

Before adoption of its rules or amendment of its rules, the	139458
commission shall hold a public hearing on the adoption or	139459
amendment. Notice of the public hearing shall be sent to all	139460
townships in the county or region by regular mail or electronic	139461
mail at least thirty business days before the hearing. No county	139462
or regional planning commission shall adopt any rules requiring	139463
actual construction of streets or other improvements or facilities	139464
or assurance of that construction as a condition precedent to the	139465
approval of a plat of a subdivision unless the requirements have	139466
first been adopted by the board of county commissioners after a	139467
public hearing. A copy of the rules shall be certified by the	139468
planning commission to the county recorders of the appropriate	139469
counties.	139470

After a county or regional street or highway plan has been	139471
adopted as provided in this section, the approval of plats and	139472
subdivisions provided for in this section shall be in lieu of any	139473
approvals provided for in other sections of the Revised Code,	139474
insofar as the territory within the approving jurisdiction of the	139475
county or regional planning commission, as provided in this	139476
section, is concerned. Approval of a plat shall not be an	139477
acceptance by the public of the dedication of any street, highway,	139478
or other way or open space shown upon the plat.	139479

No county or regional planning commission shall require a	139480
person submitting a plat to alter the plat or any part of it as	139481
long as the plat is in accordance with the general rules governing	139482
plats and subdivisions of land, adopted by the commission as	139483
provided in this section, in effect at the time the plat is	139484
submitted.	139485

A county or regional planning commission and a city or	139486
village planning commission, or platting commissioner or	139487
legislative authority of a village, with subdivision regulation	139488
jurisdiction over unincorporated territory within the county or	139489
region may cooperate and agree by written agreement that the	139490
approval of a plat by the city or village planning commission, or	139491
platting commissioner or legislative authority of a village, as	139492
provided in section 711.09 of the Revised Code, shall be	139493
conditioned upon receiving advice from or approval by the county	139494
or regional planning commission.	139495

(D) As used in this section, "business day" means a day of	139496
the week excluding Saturday, Sunday, or a legal holiday as defined	139497
in section 1.14 of the Revised Code.	139498

Sec. 711.131. (A) Notwithstanding sections 711.001 to 711.13	139499
of the Revised Code and except as provided in division (C) of this	139500
section, unless the rules adopted under section 711.05, 711.09, or	139501
711.10 of the Revised Code are amended pursuant to division (B) of	139502
this section, a proposed division of a parcel of land along an	139503
existing public street, not involving the opening, widening, or	139504
extension of any street or road, and involving no more than five	139505
lots after the original tract has been completely subdivided, may	139506
be submitted to the planning authority having approving	139507
jurisdiction of plats under section 711.05, 711.09, or 711.10 of	139508
the Revised Code for approval without plat. If the authority	139509
acting through a properly designated representative finds that a	139510
proposed division is not contrary to applicable platting,	139511
subdividing, zoning, health, sanitary, or access management	139512
regulations or, regulations adopted under division (B)(3) of	139513
section 307.37 of the Revised Code regarding existing surface or	139514
subsurface drainage, or ~~rules governing~~ household sewage treatment	139515
~~systems~~rules adopted under section 3718.02 of the Revised Code,	139516
it shall approve the proposed division within seven business days	139517
after its submission and, on presentation of a conveyance of the	139518
parcel, shall stamp the conveyance "approved by (planning	139519
authority); no plat required" and have it signed by its clerk,	139520
secretary, or other official as may be designated by it. The	139521
planning authority may require the submission of a sketch and	139522
other information that is pertinent to its determination under	139523
this division.	139524

(B) For a period of up to two years after ~~April 15, 2005~~the	139525
effective date of this amendment, the rules adopted under section	139526
711.05, 711.09, or 711.10 of the Revised Code may be amended	139527
within that period to authorize the planning authority involved to	139528
approve proposed divisions of parcels of land without plat under	139529
this division. If an authority so amends its rules, it may approve	139530
no more than five lots without a plat from an original tract as	139531
that original tract exists on the effective date of the amendment	139532
to the rules. The authority shall make the findings and approve a	139533
proposed division in the time and manner specified in division (A)	139534
of this section.	139535

(C) This section does not apply to parcels subject to section	139536
711.133 of the Revised Code.	139537

(D) As used in this section, "business day" means a day of	139538
the week excluding Saturday, Sunday, or a legal holiday as defined	139539
in section 1.14 of the Revised Code.	139540

Sec. 4736.01. As used in this chapter:

139541

(A) "Environmental health science" means the aspect of public	139542
health science that includes, but is not limited to, the following	139543
bodies of knowledge: air quality, food quality and protection,	139544
hazardous and toxic substances, consumer product safety, housing,	139545
institutional health and safety, community noise control,	139546
radiation protection, recreational facilities, solid and liquid	139547
waste management, vector control, drinking water quality, milk	139548
sanitation, and rabies control.	139549

(B) "Sanitarian" means a person who performs for compensation	139550
educational, investigational, technical, or administrative duties	139551
requiring specialized knowledge and skills in the field of	139552
environmental health science.	139553

(C) "Registered sanitarian" means a person who is registered	139554
as a sanitarian in accordance with this chapter.	139555

(D) "Sanitarian-in-training" means a person who is registered	139556
as a sanitarian-in-training in accordance with this chapter.	139557

(E) "Practice of environmental health" means consultation,	139558
instruction, investigation, inspection, or evaluation by an	139559
employee of a city health district, a general health district, the	139560
environmental protection agency, the department of health, or the	139561
department of agriculture requiring specialized knowledge,	139562
training, and experience in the field of environmental health	139563
science, with the primary purpose of improving or conducting	139564
administration or enforcement under any of the following:	139565

(1) Chapter 911., 913., 917., 3717., 3718., 3721., 3729., or	139566
3733. of the Revised Code;	139567

(2) Chapter 3734. of the Revised Code as it pertains to solid	139568
waste;	139569

(3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections	139570
3707.38 to 3707.99, or section 3715.21 of the Revised Code;	139571

(4) Rules adopted under section 3701.34 of the Revised Code	139572
pertaining to ~~home sewage,~~ rabies control, or swimming pools;	139573

(5) Rules adopted under section 3701.935 of the Revised Code	139574
for school health and safety network inspections and rules adopted	139575
under section 3707.26 of the Revised Code for sanitary	139576
inspections.	139577

"Practice of environmental health" does not include sampling,	139578
testing, controlling of vectors, reporting of observations, or	139579
other duties that do not require application of specialized	139580
knowledge and skills in environmental health science performed	139581
under the supervision of a registered sanitarian.	139582

The state board of sanitarian registration may further define	139583
environmental health science in relation to specific functions in	139584
the practice of environmental health through rules adopted by the	139585
board under Chapter 119. of the Revised Code.	139586

Sec. 6111.04. (A) Both of the following apply except as	139587
otherwise provided in division (A) or (F) of this section:	139588

(1) No person shall cause pollution or place or cause to be	139589
placed any sewage, sludge, sludge materials, industrial waste, or	139590
other wastes in a location where they cause pollution of any	139591
waters of the state.	139592

(2) Such an action prohibited under division (A)(1) of this	139593
section is hereby declared to be a public nuisance.	139594

Divisions (A)(1) and (2) of this section do not apply if the	139595
person causing pollution or placing or causing to be placed wastes	139596
in a location in which they cause pollution of any waters of the	139597
state holds a valid, unexpired permit, or renewal of a permit,	139598
governing the causing or placement as provided in sections 6111.01	139599
to 6111.08 of the Revised Code or if the person's application for	139600
renewal of such a permit is pending.	139601

(B) If the director of environmental protection administers a	139602
sludge management program pursuant to division (S) of section	139603
6111.03 of the Revised Code, both of the following apply except as	139604
otherwise provided in division (B) or (F) of this section:	139605

(1) No person, in the course of sludge management, shall	139606
place on land located in the state or release into the air of the	139607
state any sludge or sludge materials.	139608

(2) An action prohibited under division (B)(1) of this	139609
section is hereby declared to be a public nuisance.	139610

Divisions (B)(1) and (2) of this section do not apply if the	139611
person placing or releasing the sludge or sludge materials holds a	139612
valid, unexpired permit, or renewal of a permit, governing the	139613
placement or release as provided in sections 6111.01 to 6111.08 of	139614
the Revised Code or if the person's application for renewal of	139615
such a permit is pending.	139616

(C) No person to whom a permit has been issued shall place or	139617
discharge, or cause to be placed or discharged, in any waters of	139618
the state any sewage, sludge, sludge materials, industrial waste,	139619
or other wastes in excess of the permissive discharges specified	139620
under an existing permit without first receiving a permit from the	139621
director to do so.	139622

(D) No person to whom a sludge management permit has been	139623
issued shall place on the land or release into the air of the	139624
state any sludge or sludge materials in excess of the permissive	139625
amounts specified under the existing sludge management permit	139626
without first receiving a modification of the existing sludge	139627
management permit or a new sludge management permit to do so from	139628
the director.	139629

(E) The director may require the submission of plans,	139630
specifications, and other information that the director considers	139631
relevant in connection with the issuance of permits.	139632

(F) This section does not apply to any of the following:

139633

(1) Waters used in washing sand, gravel, other aggregates, or	139634
mineral products when the washing and the ultimate disposal of the	139635
water used in the washing, including any sewage, industrial waste,	139636
or other wastes contained in the waters, are entirely confined to	139637
the land under the control of the person engaged in the recovery	139638
and processing of the sand, gravel, other aggregates, or mineral	139639
products and do not result in the pollution of waters of the	139640
state;	139641

(2) Water, gas, or other material injected into a well to	139642
facilitate, or that is incidental to, the production of oil, gas,	139643
artificial brine, or water derived in association with oil or gas	139644
production and disposed of in a well, in compliance with a permit	139645
issued under Chapter 1509. of the Revised Code, or sewage,	139646
industrial waste, or other wastes injected into a well in	139647
compliance with an injection well operating permit. Division	139648
(F)(2) of this section does not authorize, without a permit, any	139649
discharge that is prohibited by, or for which a permit is required	139650
by, regulation of the United States environmental protection	139651
agency.	139652

(3) Application of any materials to land for agricultural	139653
purposes or runoff of the materials from that application or	139654
pollution by animal waste or soil sediment, including attached	139655
substances, resulting from farming, silvicultural, or earthmoving	139656
activities regulated by Chapter 307. or 1511. of the Revised Code.	139657
Division (F)(3) of this section does not authorize, without a	139658
permit, any discharge that is prohibited by, or for which a permit	139659
is required by, the Federal Water Pollution Control Act or	139660
regulations adopted under it.	139661

(4) The excrement of domestic and farm animals defecated on	139662
land or runoff therefrom into any waters of the state. Division	139663
(F)(4) of this section does not authorize, without a permit, any	139664
discharge that is prohibited by, or for which a permit is required	139665
by, the Federal Water Pollution Control Act or regulations adopted	139666
under it.	139667

(5) On and after the date on which the United States	139668
environmental protection agency approves the NPDES program	139669
submitted by the director of agriculture under section 903.08 of	139670
the Revised Code, any discharge that is within the scope of the	139671
approved NPDES program submitted by the director of agriculture;	139672

(6) The discharge of sewage, industrial waste, or other	139673
wastes into a sewerage system tributary to a treatment works.	139674
Division (F)(6) of this section does not authorize any discharge	139675
into a publicly owned treatment works in violation of a	139676
pretreatment program applicable to the publicly owned treatment	139677
works.	139678

(7) ~~Septic tanks or other disposal systems for the disposal~~	139679
~~or treatment of sewage from single-family, two-family, or~~	139680
~~three-family dwellings~~A household sewage treatment system or a	139681
small flow on-site sewage treatment system, as applicable, as	139682
defined in section 3718.01 of the Revised Code that is installed	139683
in compliance with ~~the sanitary code and section 3707.01~~Chapter	139684
3718. of the Revised Code and rules adopted under it. Division	139685
(F)(7) of this section does not authorize, without a permit, any	139686
discharge that is prohibited by, or for which a permit is required	139687
by, regulation of the United States environmental protection	139688
agency.	139689

(8) Exceptional quality sludge generated outside of this	139690
state and contained in bags or other containers not greater than	139691
one hundred pounds in capacity. As used in division (F)(8) of this	139692
section, "exceptional quality sludge" has the same meaning as in	139693
division (Y) of section 3745.11 of the Revised Code.	139694

(G) The holder of a permit issued under section 402 (a) of	139695
the Federal Water Pollution Control Act need not obtain a permit	139696
for a discharge authorized by the permit until its expiration	139697
date. Except as otherwise provided in this division, the director	139698
of environmental protection shall administer and enforce those	139699
permits within this state and may modify their terms and	139700
conditions in accordance with division (J) of section 6111.03 of	139701
the Revised Code. On and after the date on which the United States	139702
environmental protection agency approves the NPDES program	139703
submitted by the director of agriculture under section 903.08 of	139704
the Revised Code, the director of agriculture shall administer and	139705
enforce those permits within this state that are issued for any	139706
discharge that is within the scope of the approved NPDES program	139707
submitted by the director of agriculture.	139708

Sec. 6111.44. (A) Except as otherwise provided in division	139709
(B) of this section, in section 6111.14 of the Revised Code, or in	139710
rules adopted under division (G) of section 6111.03 of the Revised	139711
Code, no municipal corporation, county, public institution,	139712
corporation, or officer or employee thereof or other person shall	139713
provide or install sewerage or treatment works for sewage, sludge,	139714
or sludge materials disposal or treatment or make a change in any	139715
sewerage or treatment works until the plans therefor have been	139716
submitted to and approved by the director of environmental	139717
protection. Sections 6111.44 to 6111.46 of the Revised Code apply	139718
to sewerage and treatment works of a municipal corporation or part	139719
thereof, an unincorporated community, a county sewer district, or	139720
other land outside of a municipal corporation or any publicly or	139721
privately owned building or group of buildings or place, used for	139722
the assemblage, entertainment, recreation, education, correction,	139723
hospitalization, housing, or employment of persons.	139724

In granting an approval, the director may stipulate	139725
modifications, conditions, and rules that the public health and	139726
prevention of pollution may require. Any action taken by the	139727
director shall be a matter of public record and shall be entered	139728
in the director's journal. Each period of thirty days that a	139729
violation of this section continues, after a conviction for the	139730
violation, constitutes a separate offense.	139731

(B) Sections 6111.45 and 6111.46 of the Revised Code and	139732
division (A) of this section do not apply to any of the following:	139733

(1) Sewerage or treatment works for sewage installed or to be	139734
installed for the use of a private residence or dwelling;	139735

(2) Sewerage systems, treatment works, or disposal systems	139736
for storm water from an animal feeding facility or manure, as	139737
"animal feeding facility" and "manure" are defined in section	139738
903.01 of the Revised Code;	139739

(3) Animal waste treatment or disposal works and related	139740
management and conservation practices that are subject to rules	139741
adopted under division (E)(2) of section 1511.02 of the Revised	139742
Code;	139743

(4) Sewerage or treatment works for the on-lot disposal or	139744
treatment of sewage from a small flow on-site sewage treatment	139745
system, as defined in section 3718.01 of the Revised Code, if the	139746
board of health of a city or general health district has notified	139747
the director of health and the director of environmental	139748
protection under section 3718.021 of the Revised Code that the	139749
board has chosen to regulate the system, provided that the board	139750
remains in compliance with the rules adopted under division	139751
(A)(13) of section 3718.02 of the Revised Code.	139752

The exclusions established in divisions (B)(2) and (3) of	139753
this section do not apply to the construction or installation of	139754
disposal systems, as defined in section 6111.01 of the Revised	139755
Code, that are located at an animal feeding facility and that	139756
store, treat, or discharge wastewaters that do not include storm	139757
water or manure or that discharge to a publicly owned treatment	139758
works.	139759

Section 640.23. That existing sections 711.001, 711.05,	139760
711.10, 711.131, 4736.01, 6111.04, and 6111.44 of the Revised Code	139761
are hereby repealed.	139762

Section 640.24. Sections 640.22 and 640.23 take effect on	139763
January 1, 2010.	139764

Section 690.10. That Section 3 of Am. Sub. H.B. 203 of the	139765
126th General Assembly and Section 325.05 of Am. Sub. H.B. 2 of	139766
the 128th General Assembly are hereby repealed.	139767

Section 701.05. (A) There is hereby created the Ohio	139768
Legislative Commission on the Education and Preservation of State	139769
History consisting of the following members:	139770

(1) Three members of the Senate appointed by the President of	139771
the Senate, one of whom shall be from the minority party and be	139772
recommended by the Minority Leader of the Senate;	139773

(2) Three members of the House of Representatives appointed	139774
by the Speaker of the House of Representatives, one of whom shall	139775
be from the minority party and be recommended by the Minority	139776
Leader of the House of Representatives;	139777

(3) Three members appointed by the Governor who shall have	139778
specific knowledge regarding museum or archive management.	139779

The Commission may appoint nonvoting members to the	139780
Commission who represent state agencies, educational institutions,	139781
or private organizations and who have expertise in museum or	139782
archive management.	139783

(B)(1) Appointments shall be made to the Commission not later	139784
than thirty days after the effective date of this section. A	139785
member of the Senate appointed by and so designated by the	139786
President of the Senate shall be the chairperson of the	139787
Commission. A member of the House of Representatives appointed by	139788
and so designated by the Speaker of the House of Representatives	139789
shall be the vice-chairperson of the Commission. The Commission	139790
shall meet as often as necessary to carry out its duties and	139791
responsibilities. Members of the Commission shall serve without	139792
compensation.	139793

(2) The Legislative Service Commission shall provide	139794
professional and technical support that is necessary for the Ohio	139795
Legislative Commission on the Education and Preservation of State	139796
History to perform its duties.	139797

(C) The Ohio Legislative Commission on the Education and	139798
Preservation of State History shall do all of the following:	139799

(1) Review the overall delivery of services and instruction	139800
on Ohio's history by organizations that have individually received	139801
in the previous two bienniums a total of at least one million	139802
dollars in funding through legislative appropriation for their	139803
operations. The review shall include a needs assessment with	139804
regard to each organization for all of the following:	139805

(a) Historic sites owned or managed by the organization;

139806

(b) Archives owned or maintained by the organization;

139807

139808

(d) The governance structure of the organization;

139809

(e) A comparison of the organization's operations with the	139810
operations of organizations that are located inside and outside	139811
the state and that have similar functions.	139812

(2) Following the review, make recommendations on all of the	139813
following:	139814

(a) Improving the efficiency of the organizations;

139815

(b) Alternative methods for the performance or discharge of	139816
state-mandated functions and other functions by the organizations;	139817

(c) Best practices regarding governance structures for the	139818
organizations;	139819

(d) Any other recommendations that the Commission determines	139820
to be necessary.	139821

(3) Identify alternative public and private funding sources	139822
to support the organizations.	139823

(D) The Commission shall issue a report of its findings and	139824
recommendations to the President of the Senate, the Speaker of the	139825
House of Representatives, and the Governor not later than July 1,	139826
2010. Upon submission of the report, the Commission shall cease to	139827
exist.	139828

Section 701.10. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES

139829

(A) As used in this section, "appointing authority" has the	139830
same meaning as in section 124.01 of the Revised Code, and	139831
"exempt employee" has the same meaning as in section 124.152 of	139832
the Revised Code.	139833

(B) Notwithstanding section 124.181 of the Revised Code, both	139834
of the following apply:	139835

(1) In cases where no vacancy exists, an appointing authority	139836
may, with the written consent of an exempt employee, assign duties	139837
of a higher classification to that exempt employee for a period of	139838
time not to exceed two years, and that exempt employee shall	139839
receive compensation at a rate commensurate with the duties of the	139840
higher classification.	139841

(2) If necessary, exempt employees who are assigned to duties	139842
within their agency to maintain operations during the Ohio	139843
Administrative Knowledge System (OAKS) implementation may agree to	139844
a temporary assignment that exceeds the two-year limit.	139845

Section 701.20. FINANCIAL PLANNING AND SUPERVISION	139846
COMMISSIONS	139847

For any Financial Planning and Supervision Commission	139848
established prior to the effective date of the amendment of	139849
section 118.05 of the Revised Code by the Main Operating	139850
Appropriations Act of the 128th General Assembly, four members	139851
constitute a quorum and the affirmative vote of a majority of the	139852
members is necessary for any action taken by vote of the	139853
commission.	139854

Section 701.30. SCIENCE AND TECHNOLOGY COLLABORATION

139855

The Department of Development, the Board of Regents, the Air	139856
Quality Development Authority, the Department of Agriculture, and	139857
the Third Frontier Commission shall collaborate in relation to	139858
appropriation items and programs referred to as Technology-based	139859
Economic Development Programs in this section, and other	139860
technology-related appropriations and programs in the Department	139861
of Development, Air Quality Development Authority, Department of	139862
Agriculture, and the Board of Regents as these agencies may	139863
designate, to ensure implementation of a coherent state science	139864
and technology strategy.	139865

To the extent permitted by law, the Air Quality Development	139866
Authority shall assure that coal research and development	139867
programs, proposals, and projects consider or incorporate	139868
collaborations with Third Frontier Project programs and grantees	139869
and with Technology-based Economic Development Programs and	139870
grantees.	139871

"Technology-based Economic Development Programs" means	139872
appropriation items 195401, Thomas Edison Program; 898402, Coal	139873
Development Office; 898604, Coal Research and Development Fund;	139874
235508, Air Force Institute of Technology; 235510, Ohio	139875
Supercomputer Center; 235535, Ohio Agricultural Research and	139876
Development Center; 235556, Ohio Academic Resources Network;	139877
195435, Biomedical Research and Technology Transfer; 195687,	139878
Third Frontier Research & Development Projects; C23506, Third	139879
Frontier Project; 195692, Research & Development Taxable Bond	139880
Projects; 195694, Jobs Fund Bioproducts; 195695, Jobs Fund	139881
Biomedical; Technology Action grants provided in 195615,	139882
Facilities Establishment; and tax credits supporting the Ohio	139883
Venture Capital Authority and Technology Investment Tax Credit	139884
programs.	139885

Technology-based Economic Development Programs shall be	139886
managed and administered in accordance with the following	139887
objectives: (1) to build on existing competitive research	139888
strengths; (2) to encourage new and emerging discoveries and	139889
commercialization of products and ideas that will benefit the Ohio	139890
economy; and (3) to assure improved collaboration among programs	139891
administered by the Third Frontier Commission and with other	139892
state programs that are intended to improve economic growth and	139893
job creation. As directed by the Third Frontier Commission,	139894
Technology-based Economic Development Program managers shall	139895
report to the Commission or the Third Frontier Advisory Board	139896
regarding the contributions of their programs to achieving these	139897
objectives.	139898

Each Technology-based Economic Development Program shall be	139899
reviewed annually by the Third Frontier Commission with respect	139900
to its development of complementary relationships within a	139901
combined state science and technology investment portfolio, and	139902
with respect to its overall contribution to the state's science	139903
and technology strategy, including the adoption of appropriately	139904
consistent criteria for: (1) the scientific and technical merit	139905
and relationship to Ohio's research strengths of activities	139906
supported by the program; (2) the relevance of the program's	139907
activities to commercial opportunities in the private sector; (3)	139908
the private sector's involvement in a process that continually	139909
evaluates commercial opportunities to use the work supported by	139910
the program; and (4) the ability of the program and recipients of	139911
grant funding from the program to engage in activities that are	139912
collaborative, complementary, and efficient in the expenditure of	139913
state funds. Each Technology-based Economic Development Program	139914
shall provide an annual report to the Third Frontier Commission	139915
that discusses existing, planned, or possible collaborations	139916
between programs and between recipients of grant funding related	139917
to technology, development, commercialization, and the support of	139918
Ohio's economic development. The annual review conducted by the	139919
Third Frontier Commission shall be a comprehensive review of the	139920
entire state science and technology program portfolio rather than	139921
a review of individual programs.	139922

Applicants for Third Frontier and Technology-based Economic	139923
Development Programs funding shall identify their requirements	139924
for high-performance computing facilities and services, including	139925
both hardware and software, in all proposals. If an applicant's	139926
requirements exceed approximately $100,000 for a proposal, the	139927
Ohio Supercomputer Center shall convene a panel of experts. The	139928
panel shall review the proposal to determine whether the	139929
proposal's requirements can be met through Ohio Supercomputer	139930
Center facilities or through other means and report such	139931
information to the Third Frontier Commission.	139932

To ensure that the state receives the maximum benefit from	139933
its investment in the Third Frontier Project and the NextGen	139934
Network, organizations receiving Third Frontier awards and	139935
Technology-based Economic Development Programs awards shall, as	139936
appropriate, be expected to have a connection to the NextGen	139937
Network that enables them and their collaborators to achieve	139938
award objectives through the NextGen Network.	139939

Section 701.40. The General Assembly intends that all funds	139940
appropriated or otherwise made available by the state for fiscal	139941
stabilization or recovery purposes, or by the American Recovery	139942
and Reinvestment Act of 2009, shall be used, to the extent	139943
possible, in accordance with the preferences established in	139944
section 125.09 of the Revised Code to purchase products made and	139945
services performed in the United States and in this state. The	139946
General Assembly further recognizes that a preference for buying	139947
goods and materials that are produced, and services that are	139948
performed, in the United States for projects is important for	139949
maximizing the creation of American jobs and restoring economic	139950
growth and opportunity.	139951

If any person requests or obtains a waiver of the preferences	139952
referred to in the first paragraph of this section, the Director	139953
of Administrative Services shall publish information identifying	139954
the person and the product or service with regard to which the	139955
waiver was requested or obtained. The purpose of publishing this	139956
identifying information is to enhance opportunities for producers,	139957
service providers, and workers to identify and provide products	139958
made and services performed in the United States and this state,	139959
and thereby to maximize the success of the fiscal stabilization	139960
and economic recovery program. The director shall publish the	139961
identifying information on an internet web site maintained by the	139962
Department of Administrative Services.	139963

Section 701.50. (A) Each state agency shall appoint an	139964
Equal Employment Opportunity Officer who shall be responsible for	139965
monitoring the agency's compliance with sections 123.151, 123.152,	139966
and 125.081 of the Revised Code and for reporting the level of the	139967
agency's compliance to the Deputy Director of the Equal	139968
Opportunity Division of the Department of Administrative Services.	139969
The Equal Employment Opportunity Officer for each state agency	139970
shall also do all of the following:	139971

(1) Analyze spending on goods, services, and construction	139972
projects for the officer's agency and determine any missed	139973
opportunities for the inclusion of certified minority business	139974
enterprise and EDGE business vendors;	139975

(2) Analyze the spending of the officer's agency with EDGE	139976
business enterprise vendors, as well as EDGE business enterprise	139977
vendor availability by regions of this state, and communicate the	139978
analysis to the Department of Administrative Services so that the	139979
department may determine the appropriate EDGE business enterprise	139980
goal for each contract;	139981

(3) Report minority business enterprise or EDGE business	139982
enterprise enrollment for all contracts issued by the officer's	139983
agency to the Deputy Director of the Equal Opportunity Division;	139984

(4) Implement a scorecard system that tracks compliance with	139985
minority business enterprise and EDGE business enterprise program	139986
requirements for the officer's agency;	139987

(5) Implement the outreach and training plan to ensure	139988
compliance by the officer's agency with minority business	139989
enterprise and EDGE business enterprise requirements;	139990

(6) Attend the semiannual training conducted by the Deputy	139991
Director of the Equal Opportunity Division on minority business	139992
enterprise and EDGE business enterprise requirements; and	139993

(7) Participate in the annual compliance review conducted by	139994
the Deputy Director of the Equal Employment Opportunity Division	139995
and implement recommendations made by the Deputy Director as a	139996
result of the review process.	139997

The Deputy Director of the Equal Opportunity Division shall	139998
develop the scorecard system and the outreach and training plan,	139999
shall conduct semiannual training on minority business enterprise	140000
and EDGE business enterprise requirements for Equal Employment	140001
Opportunity Officers, shall conduct an annual review of each state	140002
agency's compliance with minority business enterprise and EDGE	140003
business enterprise requirements, and shall make recommendations	140004
for improved compliance as a result of each review.	140005

(B) Each state agency shall ensure that all contracts the	140006
agency enters into for the purchase of goods and services contain	140007
provisions that do all of the following:	140008

(1) Prohibit contractors and subcontractors from engaging in	140009
discriminatory employment practices;	140010

(2) Certify that contractors and subcontractors are in	140011
compliance with all applicable federal and state laws and rules	140012
that govern fair labor and employment practices; and	140013

(3) Encourage contractors and subcontractors to purchase	140014
goods and services from certified minority business enterprise and	140015
EDGE business enterprise vendors.	140016

(C)(1) A state agency shall not issue an EDGE business	140017
enterprise waiver without doing all of the following:	140018

(a) Having all waivers reviewed by the agency's Procurement	140019
Officer, in collaboration with the agency's Equal Employment	140020
Opportunity Officer, who shall certify that each waiver the agency	140021
issues complies with criteria for granting the waiver;	140022

(b) Submitting quarterly reports to the Equal Opportunity	140023
Division that lists each waiver the agency grants;	140024

(c) Permitting the Equal Opportunity Division to complete its	140025
review of the agency's quarterly report and to conduct periodic	140026
audits of the agency's administration of the waiver process.	140027

The Deputy Director of the Equal Opportunity Division shall	140028
review each quarterly report of EDGE business enterprise waivers	140029
and shall conduct periodic audits of each agency's administration	140030
of the waiver process.	140031

(2) If the Deputy Director of the Equal Opportunity Division	140032
determines that a state agency has not properly administered the	140033
issuance of EDGE business enterprise waivers, subsequent waivers	140034
shall not be issued by that state agency without the authorization	140035
and approval of the Deputy Director. The Deputy Director may	140036
release a state agency from the approval process when the Deputy	140037
Director has determined that the agency has the ability to	140038
consistently administer the waiver process.	140039

(D) On the first day of October of each year, the Deputy	140040
Director of the Equal Opportunity Division shall submit a written	140041
report to the Governor, the Speaker of the House of	140042
Representatives, the President of the Senate, and the Minority	140043
Leaders of the House of Representatives and Senate that describe	140044
the progress of state agencies in advancing the minority business	140045
enterprise and EDGE business enterprise programs, as well as any	140046
initiatives that have been implemented to increase the number of	140047
certified minority business enterprise and EDGE business	140048
enterprise vendors doing business with this state.	140049

Section 701.51. (A) The Ohio Housing Finance Agency, the	140050
Third Frontier Commission, and the Clean Ohio Council shall comply	140051
with agency procurement for contracting with EDGE business	140052
enterprises established under section 123.152 of the Revised Code.	140053

(B) To the extent that a state university as defined in	140054
section 3345.011 of the Revised Code, the Ohio Housing Finance	140055
Agency, the Third Frontier Commission, the Clean Ohio Council, or	140056
the Ohio School Facilities Commission is authorized to make	140057
purchases, it shall comply with the minority business set aside	140058
requirements in division (B) of section 125.081 of the Revised	140059
Code.	140060

Section 701.52. If a state agency, including a state	140061
university as defined in section 3345.011 of the Revised Code and	140062
the Ohio Housing Finance Agency, the Third Frontier Commission,	140063
the Clean Ohio Council, and the Ohio School Facilities	140064
Commission, has failed to comply with the set-aside requirement	140065
in division (B) of section 125.081 of the Revised Code, or to	140066
comply with the procurement goals specified under division (B)(2)	140067
or (14) of section 123.152 of the Revised Code, the state agency	140068
shall establish, not later than December 31, 2009, a long-term	140069
plan for complying with those provisions.	140070

Section 701.70. The Department of Administrative Services	140071
shall conduct a pilot project involving propane-powered state	140072
vehicles. During the period commencing October 1, 2009, and ending	140073
September 30, 2010, the Department of Administrative Services	140074
shall convert or cause to be converted to a propane fuel system	140075
five per cent of the gasoline-powered passenger cars, sport	140076
utility vehicles, and light-duty pickup trucks that are owned by	140077
the state and are used by the Department of Natural Resources,	140078
five per cent of such vehicles that are used by the Department of	140079
Public Safety, and five per cent of such vehicles that are used	140080
by the Department of Transportation. During the period commencing	140081
October 1, 2010, and ending December 31, 2010, the Department	140082
shall convert or cause to be converted to a propane fuel system	140083
an additional five per cent of the gasoline-powered motor	140084
vehicles that are described in this section and are used by the	140085
Department of Natural Resources, an additional five per cent of	140086
such vehicles that are used by the Department of Public Safety,	140087
and an additional five per cent of such vehicles that are used by	140088
the Department of Transportation. Only propane fuel systems that	140089
have been approved by the United States Environmental Protection	140090
Agency shall be installed in state vehicles pursuant to this	140091
section.	140092

During the period commencing October 1, 2009, and ending	140093
September 30, 2011, the Department shall keep detailed records of	140094
the propane-powered vehicles, including fuel mileage and	140095
maintenance costs. After September 30, 2011, the Department shall	140096
conduct a study of the pilot project to assess all aspects of the	140097
use by the state of the propane-powered vehicles during the pilot	140098
project. The study shall include all relevant findings and	140099
recommendations, if any, regarding future use of propane gas in	140100
state vehicles, and shall be compiled into a final report.	140101

Not later than December 31, 2011, the Department shall submit	140102
copies of the final report to the Governor, the President of the	140103
Senate, the Minority Leader of the Senate, the Speaker of the	140104
House of Representatives, and the Minority Leader of the House of	140105
Representatives.	140106

Section 701.80. The Director of Budget and Management shall	140107
prepare, beginning on October 1, 2009, and on the first day of	140108
each calendar quarter thereafter, a list of all employees paid by	140109
warrant of the Director who work primarily for one state agency	140110
while being paid from appropriations made to another state agency.	140111
The Director shall provide a copy of the list to the President of	140112
the Senate, the Speaker of the House of Representatives, and the	140113
Minority Leaders of the Senate and House of Representatives.	140114

Section 701.90. (A) To facilitate the implementation of the	140115
motion picture production tax credit authorized in section 122.85	140116
of the Revised Code, the Director of Development may develop,	140117
publish, accept, and review applications for certification of	140118
motion pictures as tax credit-eligible productions and may	140119
indicate preliminary certification before the effective date of	140120
that section. A motion picture for which the director has issued	140121
a preliminary certification becomes a motion picture certified as	140122
a tax credit-eligible production on the effective date of section	140123
122.85 of the Revised Code.	140124

(B) In adopting the rules required under division (K) of	140125
section 122.85 of the Revised Code, as enacted by this act, the	140126
Director of Development shall file the notice and text of the	140127
proposed rules as required by division (B) of section 119.03 of	140128
the Revised Code not later than two hundred five days after the	140129
effective date of this section.	140130

(C) Not later than eighty days after the effective date of	140131
this section, the Director of Development shall adopt initial	140132
rules to effect the same purposes of the rules required under	140133
division (K) of section 122.85 of the Revised Code, as enacted	140134
by this act. The initial rules shall be adopted pursuant to	140135
section 111.15 of the Revised Code, but division (D) of that	140136
section does not apply to the adoption of the initial rules. The	140137
initial rules shall be effective until the final rules adopted	140138
pursuant to division (B) of this section and Chapter 119. of the	140139
Revised Code take effect.	140140

Section 703.10. (A) The board of county commissioners of a	140141
county with a population of not less than 800,000 and not more	140142
than 900,000 as determined by the most recent federal decennial	140143
census shall conduct a pilot project authorizing commercial	140144
advertising on county web sites in accordance with this section.	140145

(B) The board of county commissioners, by resolution adopted	140146
by a majority of the board's members, shall authorize commercial	140147
advertising on a county web site under this section. The	140148
resolution shall include all of the following:	140149

(1) A statement authorizing county officials to place	140150
commercial advertisements on web sites of county offices under	140151
those county officials;	140152

(2) Requirements and procedures for making requests for	140153
proposals under this section;	140154

(3) Any other requirements or limitations necessary to	140155
authorize under this section commercial advertising on county web	140156
sites.	140157

(C) The board of county commissioners shall send a copy of	140158
the resolution to each county official. After receiving the	140159
resolution, the county official shall determine if the official	140160
intends to implement the resolution. The county official may make	140161
requests for proposals in the manner specified by the resolution	140162
for the purpose of identifying advertisers who, and whose	140163
advertisements will, meet any criteria specified in the request	140164
for proposals and any requirements and limitations specified in	140165
the resolution. The county official may enter into a contract	140166
with such an advertiser whereby the advertiser places an	140167
advertisement on the office's web site and pays a fee in	140168
consideration to the county general fund. Any contract entered	140169
into under this section shall be concluded not later than December	140170
31, 2011.	140171

(D) A county web site on which commercial advertising is	140172
placed under this section shall be used exclusively to provide	140173
information from a county office to the public, and shall not be	140174
used as a public forum.	140175

(E) The pilot project conducted under this section shall	140176
conclude on December 31, 2011. Not later than 30 days after the	140177
conclusion of the pilot project, the board of county commissioners	140178
shall submit a report to the Governor, the Speaker and Minority	140179
Leader of the House of Representatives, and the President and	140180
Minority Leader of the Senate regarding the operation of the pilot	140181
project. The report shall include the board's recommendations on	140182
whether commercial advertising on county web sites should be	140183
continued and expanded to other counties.	140184

(F) As used in this section:

140185

(1) "Advertising" means internet advertising, including	140186
banners and icons that may contain links to commercial internet	140187
web sites. "Advertising" does not include "spyware," "malware," or	140188
any viruses or programs considered to be malicious.	140189

(2) "County official" includes the county auditor, county	140190
treasurer, county engineer, county recorder, county prosecuting	140191
attorney, county sheriff, county coroner, board of county	140192
commissioners, clerk of the probate court, clerk of the juvenile	140193
court, clerk of court for all divisions of the court of common	140194
pleas, clerk of a county-operated municipal court, and clerk of a	140195
county court.	140196

(3) "County web site" means any web site, internet page, or	140197
web page of a county office, with respective internet addresses or	140198
subdomains, that are intended to provide to the public information	140199
about services offered by the county office, including relevant	140200
forms and searchable data.	140201

Section 709.10. (A) There is hereby created in the	140202
Department of Agriculture the Ohio Beekeepers Task Force	140203
consisting of the following members:	140204

(1) Two members of the standing committee of the House of	140205
Representatives that is primarily responsible for considering	140206
agricultural matters appointed by the Governor, each from a	140207
different political party;	140208

(2) Two members of the standing committee of the Senate that	140209
is primarily responsible for considering agricultural matters	140210
appointed by the Governor, each from a different political party;	140211

(3) The Chief of the Division of Plant Industry in the	140212
Department of Agriculture or the Chief's designee;	140213

(4) The Director of Natural Resources or the Director's	140214
designee;	140215

(5) Two representatives of the Ohio State Beekeepers	140216
Association appointed by the Association;	140217

(6) The Director of The Ohio State University Extension or	140218
the Director's designee;	140219

(7) An apiculture specialist of The Ohio State University	140220
Extension appointed by the Director of The Ohio State University	140221
Extension;	140222

(8) The Chair of The Ohio State University Department of	140223
Entomology or the Chair's designee;	140224

(9) A representative of the Ohio Produce Growers and	140225
Marketing Association appointed by the Association;	140226

(10) A representative of the Ohio Farm Bureau Federation Bee	140227
and Honey Committee appointed by the Federation;	140228

(11) A representative of the Ohio Farmers Union appointed by	140229
the Union;	140230

(12) A representative of the County Commissioners Association	140231
of Ohio appointed by the Association.	140232

(B) The members shall be appointed not later than sixty days	140233
after the effective date of this section. The Task Force shall	140234
hold its first meeting not later than ninety days after the	140235
effective date of this section.	140236

(C) The Governor shall select a chairperson and	140237
vice-chairperson from among the members of the Task Force. The	140238
chairperson may appoint a secretary.	140239

(D) The members of the Task Force shall receive no	140240
compensation for their services.	140241

(E) Not later than ten months after the effective date of	140242
this section, the Ohio Beekeepers Task Force shall submit a report	140243
to the Governor, the President of the Senate, the Speaker of the	140244
House of Representatives, and the Ohio State Beekeepers	140245
Association. The report shall do all of the following:	140246

(1) Provide an overview of the characteristics of the	140247
honeybee crisis in Ohio;	140248

(2) Examine and provide an overview of and conclusions	140249
regarding whether pollinator shortages are affecting crop	140250
pollination in Ohio;	140251

(3) Review and provide an overview of the Ohio Honeybee	140252
Emergency Action Plan;	140253

(4) Review and provide a summary of the federal initiatives	140254
regarding Ohio's bee population and of all of the Department of	140255
Agriculture's and the Ohio State Beekeepers Association's	140256
programs concerning Ohio's bee population;	140257

(5) Provide an overview of the five-year goals of the	140258
Department of Agriculture concerning honeybees, including	140259
recommendations for the restoration of Ohio's bee population;	140260

(6) Examine and describe the funding that is available for	140261
honeybee programs and issues affecting honeybees;	140262

(7) Any other issues that the Task Force considers	140263
appropriate.	140264

(F) Not later than ninety days following the submission of	140265
the report, the Task Force shall meet and respond to any question	140266
from a person who received the report. The Task Force shall cease	140267
to exist upon submitting its response to all questions from	140268
persons who received the report.	140269

Section 715.10. A wild, scenic, or recreational river area	140270
that was declared as such by the Director of Natural Resources	140271
under Chapter 1517. of the Revised Code prior to the effective	140272
date of this section shall retain its declaration as a wild,	140273
scenic, or recreational river area for purposes of sections	140274
1547.81 to 1547.87 of the Revised Code, as amended or enacted by	140275
this act. In addition, an advisory council for a wild, scenic,	140276
or recreational river area that was appointed by the Director	140277
under Chapter 1517. of the Revised Code prior to the effective	140278
date of this section shall continue to be the advisory council	140279
for the applicable wild, scenic, or recreational river area for	140280
purposes of sections 1547.81 to 1547.87 of the Revised Code, as	140281
amended or enacted by this act.	140282

Section 721.10. (A) In Lorain County, all proceedings that	140283
are within the jurisdiction of the Probate Court under Chapter	140284
2101. and other provisions of the Revised Code that are pending	140285
before a judge of the Domestic Relations Division of the Lorain	140286
County Court of Common Pleas on the effective date of this act	140287
shall remain with that judge of the Domestic Relations Division	140288
of the Lorain County Court of Common Pleas. All proceedings that	140289
are within the jurisdiction of the Domestic Relations Division of	140290
the Lorain County Court of Common Pleas under Chapter 2301. and	140291
other provisions of the Revised Code that are pending before the	140292
probate judge of the Lorain County Probate Court on September 29,	140293
2009, shall remain with that probate judge of the Lorain County	140294
Probate Court.	140295

(B) The successors to the judge of the Lorain County Court of	140296
Common Pleas who was elected pursuant to section 2301.02 of the	140297
Revised Code in 2008 for a term that began on February 9, 2009,	140298
shall be elected in 2014 and thereafter pursuant to section	140299
2101.02 of the Revised Code as judges of the probate division of	140300
the Lorain County Court of Common Pleas.	140301

Section 733.10. A member of the Ohio Tuition Trust Authority	140302
created in section 3334.03 of the Revised Code as it existed	140303
prior to the amendment of that section by this act continues to	140304
serve as a member of the Ohio Tuition Trust Authority Board	140305
created in that section as amended by this act until the member's	140306
term expires as provided in that section.	140307

Section 733.20. If a board of education acquired or acquires	140308
a parcel of real property between January 1, 2008, and December	140309
31, 2010, and if the board, by vote of a majority of its members,	140310
determines that a portion of the parcel, or a portion of the	140311
improvements located on or to be constructed on the parcel, is not	140312
required for school use, the board may convey a leasehold interest	140313
in that excess property for a term not to exceed ninety-nine	140314
years, without reserving any right to cancel or terminate the	140315
lease other than breach of the lease by the lessee. The board may	140316
convey the leasehold interest as a single leasehold interest	140317
pursuant to one lease or as separate leasehold interests pursuant	140318
to two or more leases.	140319

The board shall convey the leasehold interest at public	140320
auction or by sealed bid to the highest bidder. If the board	140321
proceeds by sealed bid, the board shall prescribe the form of the	140322
bid, and shall require that each bid contain the name of the	140323
person submitting the bid.	140324

The board shall publish notice of the time and place of the	140325
auction or bid opening in a newspaper of general circulation in	140326
the school district or by posting notices in five of the most	140327
public places in the school district. The notice shall state that	140328
the terms and conditions of the lease are available in the office	140329
of the treasurer of the school district for review by prospective	140330
bidders. If the board proceeds by sealed bid, the notice shall	140331
include instructions for making a bid.	140332

The board, from and after the day the notice is published,	140333
shall make all the terms and conditions of the lease available in	140334
the office of the treasurer of the school district for review by	140335
prospective bidders.	140336

The base rent payable under the lease shall not be part of	140337
the terms and conditions of the lease. Rather, the highest bid	140338
shall establish the base rent payable under the lease. The base	140339
rent may be in addition to other payments and nonmonetary	140340
obligations of the lessee under the lease.	140341

If the board proceeds by auction, the board shall conduct the	140342
auction at the time and place stated in the notice. If the board	140343
proceeds by sealed bid, the board shall open and tabulate bids at	140344
the time and place stated in the notice. The board may reject all	140345
bids, but only if the rejection occurs within sixty days following	140346
the auction or the opening of bids. Upon rejection of all bids,	140347
the board may again proceed by public auction or sealed bid to	140348
convey the leasehold interest in the manner prescribed by this	140349
section.	140350

The president and treasurer of the board of education shall	140351
execute and deliver the lease agreement and any other agreements,	140352
documents, or instruments that are necessary to complete	140353
conveyance of the leasehold interest.	140354

Section 735.10. It is the intent of the General Assembly to	140355
address political contribution issues by the end of the 128th	140356
General Assembly.	140357

Section 737.10. Notwithstanding any other provision to the	140358
contrary in Chapter 3769. of the Revised Code, for a period of	140359
two years after the effective date of this section, any person	140360
holding a permit under the provisions of that chapter to conduct	140361
live horse-racing meetings at a facility owned by a political	140362
subdivision may apply for, and the State Racing Commission may	140363
grant, a permit to conduct horse-racing meetings at a location at	140364
which such meetings have not previously been conducted, if the	140365
permit application is accompanied by a resolution adopted by the	140366
board of county commissioners of the county of the proposed	140367
location, and of the local legislative authority, whether a	140368
municipal corporation or township, of the proposed location,	140369
requesting that the Commission grant the permit. The Commission	140370
may only grant such an application if the proposed location is in	140371
the same or a contiguous county and is within fifty miles of the	140372
current location associated with the permit, but is not in the	140373
same county as another location at which live horse-racing	140374
meetings are conducted.	140375

Section 739.10. The Department of Insurance shall not	140376
designate any entities, which have not been designated prior to	140377
the effective date of this section, to provide investment options	140378
under alternative retirement plans established by public	140379
institutions of higher education in accordance with Chapter 3305.	140380
of the Revised Code pursuant to section 3305.03 of the Revised	140381
Code until July 1, 2010. However the Superintendent may approve	140382
additions, deletions, substitutions, or other changes to one or	140383
more of the investment options offered by an entity already	140384
designated by the Superintendent to provide investment options	140385
under alternative retirement plans prior to the effective date of	140386
this section.	140387

Section 741.01. For purposes of Sections 741.01, 741.02,	140388
741.03, 741.04, 741.05, 741.06, and 741.07 of this act:	140389

(A) "Appropriate unit" means independent child care providers	140390
or independent home care providers, whichever is the subject of	140391
the bargaining activity.	140392

(B) "Independent child care provider" means a child care	140393
provider categorized under the Revised Code as either a Type A	140394
licensed provider who does not meet the definition of employee	140395
under the National Labor Relations Act, or a Type B certified or	140396
licensed provider or an in-home aide who is not a county or state	140397
employee. The terms in this division have the same meanings as the	140398
terms defined in Chapter 5104. of the Revised Code.	140399

(C)(1) "Independent home care provider" means any person who	140400
meets either of the following criteria:	140401

(a) The person provides home services under a medicaid waiver	140402
component as described in section 5111.851 or 5111.87 of the	140403
Revised Code.	140404

(b) The person provides home services through a state	140405
medicaid plan amendment as described in 42 U.S.C. 1396n(i).	140406

(2) "Independent home care provider" does not include any	140407
person employed by a private agency for purposes of performing the	140408
activities described in division (C)(1) of this section.	140409

(D) "Provider" means an independent child care provider or an	140410
independent home care provider.	140411

(E) "Recipient" means any person receiving the services of an	140412
independent child care provider or an independent home care	140413
provider, or that person's parent or legal guardian.	140414

(F) "Representative organization" means any employee	140415
organization as defined in division (D) of section 4117.01 of the	140416
Revised Code or any labor or bona fide organization in which	140417
providers participate and that exists for the purpose, in whole or	140418
in part, of dealing with the state concerning grievances, wages,	140419
hours, terms, and other conditions of employment of providers that	140420
are within the control of the state.	140421

Section 741.02. Providers may do all of the following:

140422

(A) Form, join, assist, or participate in, or refrain from	140423
forming, joining, assisting, or participating in, except as	140424
otherwise provided in sections 741.01 to 741.06 of this act, any	140425
representative organization of their own choosing;	140426

(B) Engage in concerted activities, other than those	140427
described in division (A) of this section, for the purpose of	140428
collective bargaining or other mutual aid and protection;	140429

140430

(D) Bargain collectively with the state to determine wages,	140431
hours, terms, other conditions of employment that are within the	140432
control of the state, the continuation, modification, or deletion	140433
of an existing provision of a collective bargaining agreement, and	140434
enter into a collective bargaining agreement.	140435

(E) Present grievances and have them adjusted, without the	140436
intervention of the representative organization, so long as the	140437
adjustment is not inconsistent with the terms of any collective	140438
bargaining agreement then in effect and the representative	140439
organization has the opportunity to be present at the adjustment.	140440

Section 741.03. (A) A representative organization shall	140441
become the exclusive representative of all the providers in an	140442
appropriate unit for the purpose of collective bargaining by	140443
satisfying either of the following criteria:	140444

(1) Being certified by an impartial election monitor as	140445
described in the governor's executive order 2008-02S for	140446
independent child care providers or the governor's executive order	140447
2007-23S for independent home care providers;	140448

(2) Filing a request with the state for recognition as an	140449
exclusive representative, as described in division (B) of this	140450
section, a copy of which shall be sent to the state employment	140451
relations board.	140452

(B)(1) In the request for recognition, the representative	140453
organization shall do all of the following:	140454

(a) Describe the bargaining unit;

140455

(b) Allege that a majority of the providers in the bargaining	140456
unit wish to be represented by the representative organization;	140457

(c) Support the request with substantial evidence based on,	140458
and in accordance with, rules prescribed by the state employment	140459
relations board demonstrating that a majority of the providers in	140460
the bargaining unit wish to be represented by the representative	140461
organization.	140462

(2) Immediately upon receipt of the request described in	140463
divisions (A)(2) and (B)(1) of this section, the state shall	140464
request an election in accordance with the same requirements as	140465
provided in division (A)(2) of section 4117.07 of the Revised	140466
Code.	140467

(C) Nothing in this section shall be construed to permit the	140468
state to recognize, or the state employment relations board to	140469
certify, a representative organization as an exclusive	140470
representative if there is in effect a lawful written agreement,	140471
contract, or memorandum of understanding between the state and	140472
another representative organization that, on the effective date of	140473
this section, has been recognized by the state as the exclusive	140474
representative of the providers in an appropriate unit or that by	140475
tradition, custom, practice, election, or negotiation has been the	140476
only representative organization representing all providers in the	140477
unit. This division does not apply to any agreement that has been	140478
in effect in excess of three years. For purposes of this section,	140479
extensions of an agreement do not affect the expiration of the	140480
original agreement.	140481

Section 741.04. (A) All matters pertaining to wages, hours,	140482
terms and other conditions of employment that are within the	140483
control of the state, the continuation, modification, or deletion	140484
of an existing provision of a collective bargaining agreement	140485
shall be subject to collective bargaining between the state and	140486
the exclusive representative as described in Section 741.03 of	140487
this act, except as otherwise specified in this section.	140488

(B) This section shall not alter the unique relations between	140489
providers and recipients of care. The recipient retains the	140490
absolute right to choose providers and to control the hiring,	140491
termination, and supervision of providers.	140492

(C) This section shall not affect the ability of the state to	140493
take appropriate action when a provider is no longer eligible to	140494
provide care under state or federal law, or any rules or	140495
regulations adopted thereunder.	140496

Section 741.05. The parties to any collective bargaining	140497
agreement entered into pursuant to sections 741.01, 741.02,	140498
741.03, and 741.04 of this act shall record that agreement in	140499
writing, which is to be executed by all of the parties to the	140500
agreement. The agreement shall contain the same provisions as	140501
described in divisions (B), (C), and (E) of section 4117.09 of the	140502
Revised Code. Such provisions shall apply to the state, its agents	140503
or representatives, any representative organization, its agents or	140504
representatives, and to providers in the same manner as the same	140505
provisions apply to public employers, public employees, and	140506
employee organizations as described in Chapter 4117. of the	140507
Revised Code.	140508

Section 741.06. The state employment relations board has the	140509
same authority as described in sections 4117.12 and 4117.13 of the	140510
Revised Code to investigate, hold hearings, make determinations,	140511
and issue complaints regarding unfair labor practices, insofar as	140512
that authority does not conflict with sections 741.01, 741.02,	140513
741.03, 741.04, 741.05, and 741.06 of this act. For purposes of	140514
this section, "unfair labor practice" has the same meaning as in	140515
section 4117.11 of the Revised Code, except any provisions	140516
applying to public employers shall apply to the state, any	140517
provisions applying to employee organizations shall apply to	140518
representative organizations, and any provisions applying to	140519
public employees shall apply to providers.	140520

Section 741.07. Sections 741.01 to 741.06 of this act shall	140521
remain in effect until the end of the current governor's time in	140522
office as governor.	140523

Section 741.10. PAYROLL REDUCTION STRATEGIES

140524

Notwithstanding any other provision of law to the contrary,	140525
the Office of Collective Bargaining of the Department of	140526
Administrative Services is authorized to negotiate with the	140527
respective state collective bargaining units various payroll	140528
reduction strategies through the collective bargaining process	140529
prior to July 1, 2009, including, but not limited to, reductions	140530
in pay for fiscal years 2010 and 2011 and an increase in each	140531
state employee's share of dental, vision, and life insurance	140532
benefits for those fiscal years. If the Office successfully	140533
negotiates or reaches alternative payroll reduction strategies	140534
through the collective bargaining process, those payroll	140535
reduction strategies shall be implemented. The total amount of	140536
state employee payroll reduction strategy savings to be	140537
negotiated or implemented for each of those fiscal years shall be	140538
between $170,000,000 and $200,000,000, unless otherwise agreed to	140539
by the Office of Collective Bargaining and the Director of Budget	140540
and Management. The Director of Budget and Management is	140541
authorized to transfer cash from non-General Revenue Fund funds	140542
to the General Revenue Fund to carry out this section.	140543

Section 743.10. If a petition seeks the holding of an	140544
election on Sunday liquor sales on or after the effective date of	140545
this section under question (B)(1), (2), or (3) of section	140546
4301.351 or 4301.354 of the Revised Code, under question (B)(2) of	140547
section 4301.355 of the Revised Code, or under section 4301.356 of	140548
the Revised Code and the petition contains signatures that were	140549
placed on it before the effective date of this section, the	140550
petition is not invalid merely because the question or questions	140551
sought to be submitted to the electors and contained in the	140552
petition state that Sunday liquor sales may commence beginning at	140553
1 p.m. rather than 11 a.m.	140554

Section 743.11. (A) Notwithstanding division (A)(3) of	140555
section 4303.182 of the Revised Code, as amended by this act, the	140556
electors in a precinct in which the first hour of sale on Sunday	140557
was changed from one p.m. to eleven a.m. by operation of that	140558
division may petition to hold an election to revert that first	140559
hour of sale to one p.m. That election shall be held under the	140560
following conditions:	140561

(1) At the first general election that occurs after the	140562
effective date of this section unless that general election will	140563
be held less than one hundred thirty-five days after that date, in	140564
which case the election shall be held at the immediately following	140565
general election;	140566

(2) Under division (B)(1), (2), or (3) of section 4301.351 or	140567
4301.354 of the Revised Code, under division (B)(2) of section	140568
4301.355 of the Revised Code, or under section 4301.356 of the	140569
Revised Code, as applicable, except that the starting time for	140570
sales under the question shall be one p.m. rather than eleven	140571
a.m.;	140572

(3) In accordance with the applicable requirements and	140573
provisions governing elections that are held under those divisions	140574
or that section and that are established under Chapter 4301. of	140575
the Revised Code.	140576

(B) Not later than forty-five days after the effective date	140577
of this section, the Superintendent of Liquor Control shall	140578
publish notice of the provisions of division (A) of this section	140579
in a newspaper of general circulation in each county of the	140580
state.	140581

Section 745.10. For the time period beginning on the	140582
effective date of this section and ending June 30, 2010:	140583

(A) For purposes of Chapter 4505. of the Revised Code,	140584
"manufactured housing broker" includes a manufactured home broker.	140585

(B) Notwithstanding division (N) of section 4517.01 of the	140586
Revised Code, "salesperson" shall include any person employed by a	140587
manufactured home broker to sell, display, and offer for sale, or	140588
deal in manufactured homes or mobile homes for a commission,	140589
compensation, or other valuable consideration, but does not	140590
include any public officer performing official duties.	140591

(C)(1) For purposes of section 4517.03 of the Revised Code,	140592
if a licensed new or used motor vehicle dealer also is a licensed	140593
manufactured home park operator, all of the following apply:	140594

(a) An established place of business that is located in the	140595
operator's manufactured home park and that is used for selling,	140596
leasing, and renting manufactured homes and mobile homes in that	140597
manufactured home park shall be considered as used exclusively for	140598
that purpose even though rent and other activities related to the	140599
operation of the manufactured home park take place at the same	140600
location or office.	140601

(b) The dealer's established place of business in the	140602
manufactured home park shall be staffed by someone licensed and	140603
regulated under Chapter 4517. of the Revised Code who could	140604
reasonably assist any retail customer with or without an	140605
appointment, but such established place of business shall not be	140606
required to satisfy office size, display lot size, and physical	140607
barrier requirements applicable to other used motor vehicle	140608
dealers.	140609

(c) The manufactured and mobile homes being offered for sale,	140610
lease, or rental by the dealer may be located on individual rental	140611
lots inside the operator's manufactured home park.	140612

(2) For purposes of section 4517.03 of the Revised Code, a	140613
place of business used for the brokering or sale of manufactured	140614
homes or mobile homes shall be considered as used exclusively for	140615
brokering, selling, displaying, offering for sale, or dealing in	140616
motor vehicles even though industrialized units, as defined by	140617
section 3781.06 of the Revised Code, are brokered, sold,	140618
displayed, offered for sale, or dealt at the same place of	140619
business.	140620

(D) Notwithstanding division (B) of section 4517.22 of the	140621
Revised Code, contracts may be signed, deposits taken, and sales	140622
consummated at a motor vehicle show at which the motor vehicles	140623
being displayed are new manufactured homes, as defined in division	140624
(C)(4) of section 3781.06 of the Revised Code.	140625

Section 745.20. Notwithstanding section 4781.16 of the	140626
Revised Code, any person licensed as a new motor vehicle dealer,	140627
used motor vehicle dealer, manufactured homes broker, or	140628
salesperson under Chapter 4517. of the Revised Code on June 30,	140629
2010, may continue to engage in the business of displaying,	140630
selling at retail, or brokering manufactured homes or mobile	140631
homes under the authority of such license until the license	140632
expires or until the manufactured homes commission issues or	140633
denies the person a manufactured housing dealer's license,	140634
manufactured housing broker's license, or manufactured housing	140635
salesperson's license under Chapter 4781. of the Revised Code,	140636
whichever occurs earlier.	140637

Section 745.30. Effective July 1, 2010, the manufactured	140638
homes commission may suspend or revoke any existing new motor	140639
vehicle dealer, used motor vehicle dealer, manufactured homes	140640
broker, or salesperson license issued to a person engaged in the	140641
business of displaying, selling at retail, or brokering	140642
manufactured homes or mobile homes, and such action may be	140643
appealed under section 4781.25 of the Revised Code.	140644

Section 745.40. Effective July 1, 2010, nothing in sections	140645
4517.01 to 4517.99 of the Revised Code shall be construed to apply	140646
to any of the following:	140647

(A) Manufactured homes as defined in division (C)(4) of	140648
section 3781.06 of the Revised Code;	140649

(B) Mobile homes as defined in division (O) of section	140650
4501.01 of the Revised Code; or	140651

(C) Dealers, brokers or salespersons of manufactured homes or	140652
mobile homes.	140653

Section 745.50. The amendment of sections 4582.07, 4582.08,	140654
4582.32, and 4582.33 of the Revised Code is intended to eliminate	140655
certain unintended effects that resulted from the enactment of	140656
those sections, in that, as enacted, those sections	140657
unintentionally burdened the process by which Ohio port	140658
authorities promote their authorized purposes, including	140659
activities that enhance, foster, aid, provide, or promote	140660
transportation, economic development, housing, recreation,	140661
education, governmental operation, culture, or research, and the	140662
creation and preservation of jobs and employment opportunities,	140663
within this state, and therefore the amendments apply to work	140664
commenced or to be commenced, as well as proceedings occurring,	140665
after the effective date of the amendments, and insofar as the	140666
provisions of the amendments are applicable to, support, or	140667
facilitate any financing proceedings that are pending, in	140668
progress, or completed on such effective date, also apply to those	140669
financing proceedings and to any securities authorized or issued	140670
pursuant to those financing proceedings, and any such financing	140671
proceedings pending, in progress, or completed and any securities	140672
authorized, sold, issued, delivered, or validated pursuant to	140673
those financing proceedings, shall be deemed to have been taken,	140674
and authorized, sold, issued, delivered, and validated in	140675
conformity herewith and with sections 4582.07, 4582.08, 4582.32,	140676
and 4582.33 of the Revised Code, if and as applicable.	140677

Section 745.60. (A) Sections 1321.20, 1321.51, 1321.52,	140678
1321.521, 1321.522, 1321.53, 1321.531, 1321.532, 1321.533,	140679
1321.534, 1321.535, 1321.536, 1321.54, 1321.55, 1321.551,	140680
1321.552, 1321.57, 1321.59, 1321.591, 1321.592, 1321.593,	140681
1321.594, 1321.60, 1321.99, 1322.01, 1322.02, 1322.022, 1322.023,	140682
1322.024, 1322.025, 1322.03, 1322.031, 1322.04, 1322.041, 1322.05,	140683
1322.051, 1322.052, 1322.06, 1322.061, 1322.062, 1322.063,	140684
1322.064, 1322.065, 1322.07, 1322.071, 1322.072, 1322.074,	140685
1322.075, 1322.08, 1322.081, 1322.09, 1322.10, 1322.11, 1322.99,	140686
1343.011, 1345.01, 1345.05, 1345.09, 1349.31, 1349.43, 1733.252,	140687
and 1733.26 of the Revised Code, as amended or enacted by this	140688
act, shall apply on and after January 1, 2010.	140689

(B) The Division of Financial Institutions shall begin	140690
accepting applications for a mortgage loan originator license, and	140691
applications for an exemption from registration under sections	140692
1321.51 to 1321.60 or 1322.01 to 1322.12 of the Revised Code, on	140693
the effective date of this section.	140694

(C) Individuals holding a valid mortgage lender certificate	140695
of registration, mortgage broker certificate of registration, or	140696
loan officer license as of January 1, 2010, shall not be required	140697
to be in compliance with the sections described in division (A) of	140698
this section until the first renewal of that certificate or	140699
license after that date.	140700

Section 747.10. The Governor shall appoint the members,	140701
who are general contractors who have recognized ability and	140702
experience in the construction of residential buildings and	140703
persons with recognized ability and experience in the use of	140704
advanced and renewable energy and the use of energy conservation	140705
in the construction of commercial and residential buildings,	140706
added to the Board of Building Standards by section 3781.07 of	140707
the Revised Code, as amended by this act, within sixty days	140708
after the effective date of section 3781.07 of the Revised Code	140709
as amended by this act. The terms of the members who are general	140710
contractors who have recognized ability and experience in the	140711
construction of residential buildings appointed pursuant to this	140712
section shall expire on October 13, 2012. The term of the	140713
member who has recognized ability and experience in the use of	140714
advanced and renewable energy in the construction of commercial	140715
and residential buildings appointed pursuant to this section	140716
shall expire on October 13, 2011. The term of the member who has	140717
recognized ability and experience in the use of energy	140718
conservation in the construction of commercial and residential	140719
buildings appointed pursuant to this section shall expire on	140720
October 13, 2010. Upon the expiration of the appointments to the	140721
Board made by this section, all successive appointments shall be	140722
made as provided in section 3781.07 of the Revised Code, as	140723
amended by this act, and all successive terms shall last for the	140724
period of time provided in that section.	140725

Section 751.13. STUDY REGARDING AMOUNT, DURATION, AND SCOPE	140726
OF COMMUNITY BEHAVIORAL HEALTH SERVICES	140727

(A) The Directors of Alcohol and Drug Addiction Services,	140728
Mental Health, and Job and Family Services shall convene a group	140729
consisting of representatives of all of the following:	140730

(1) Their departments;

140731

(2) Boards of alcohol, drug addiction, and mental health	140732
services; community mental health boards; and alcohol and drug	140733
addiction services boards;	140734

(3) Providers of community behavioral health services;

140735

(4) Consumers of community behavioral health services and	140736
advocates of such consumers.	140737

(B) Members of the group convened under this section shall	140738
serve without compensation, except to the extent that serving on	140739
the group is considered part of their regular employment duties.	140740

The group shall develop recommendations regarding the amount,	140741
duration, and scope of publicly funded community behavioral health	140742
services that should be available through Ohio's community	140743
behavioral health system, including recommendations regarding the	140744
conditions under which the services should be available. The group	140745
shall prepare a report with its recommendations. The group shall	140746
submit the report to the Governor and, in accordance with section	140747
101.68 of the Revised Code, the General Assembly not later than	140748
June 30, 2011. The group shall cease to exist on submission of the	140749
report.	140750

Section 751.20. SERVICE COORDINATION WORKGROUP

140751

(A) There is hereby created the Service Coordination	140752
Workgroup. The Workgroup shall consist of a representative of each	140753
of the following:	140754

(1) The Office of the Governor, appointed by the Governor;

140755

(2) The Department of Alcohol and Drug Addiction Services,	140756
appointed by the Director of Alcohol and Drug Addiction Services;	140757

(3) The Department of Education, appointed by the	140758
Superintendent of Public Instruction;	140759

(4) The Department of Health, appointed by the Director of	140760
Health;	140761

(5) The Department of Job and Family Services, appointed by	140762
the Director of Job and Family Services;	140763

(6) The Department of Mental Health, appointed by the	140764
Director of Mental Health;	140765

(7) The Department of Developmental Disabilities, appointed	140766
by the Director of Developmental Disabilities;	140767

(8) The Department of Youth Services, appointed by the	140768
Director of Youth Services;	140769

(9) The Office of Budget and Management, appointed by the	140770
Director of Budget and Management;	140771

(10) The Family and Children First Cabinet Council, appointed	140772
by the chairperson of the Council.	140773

(B) The representative of the Office of the Governor shall	140774
serve as chairperson of the Workgroup.	140775

(C) Members of the Workgroup shall serve without	140776
compensation, except to the extent that serving on the Workgroup	140777
is considered part of their regular employment duties.	140778

(D) The Workgroup shall develop procedures for coordinating	140779
services that the entities represented on the Workgroup provide to	140780
individuals under age twenty-one and the families of those	140781
individuals. In developing the procedures, the Workgroup shall	140782
focus on maximizing resources, reducing unnecessary costs,	140783
removing barriers to effective and efficient service coordination,	140784
eliminating duplicate services, prioritizing high risk	140785
populations, and any other matters the Workgroup considers	140786
relevant to service coordination. Not later than July 31, 2009,	140787
the Workgroup shall submit a report to the Governor with	140788
recommendations for implementing the procedures.	140789

(E) The Workgroup shall cease to exist June 30, 2011.

140790

Section 751.30. PROMPT PAYMENT POLICY WORKGROUP

140791

(A) There is hereby created the Prompt Payment Policy	140792
Workgroup. The Workgroup shall consist of the following members:	140793

(1) One representative of the Office of Budget and	140794
Management, appointed by the Director of Budget and Management;	140795

(2) Three representatives of the Department of Insurance,	140796
appointed by the Superintendent of Insurance;	140797

(3) Four representatives of the Office of Ohio Health Plans	140798
in the Department of Job and Family Services, appointed by the	140799
Director of Job and Family Services;	140800

(4) Two representatives of Ohio's Medicaid managed care	140801
plans, appointed by the Executive Director of Ohio's Care	140802
Coordination Plans;	140803

(5) Two representatives from the community of provider	140804
associations, one appointed by the Speaker of the House of	140805
Representatives and one appointed by the President of the Senate;	140806

(6) Two members of the Ohio House of Representatives, one	140807
appointed by the Speaker of the House of Representatives and one	140808
appointed by the Minority Leader;	140809

(7) Two members of the Ohio Senate, one appointed by the	140810
President of the Senate and one appointed by the Minority Leader.	140811

(B) The Director of the Department of Job and Family	140812
Services, or the Director's designee, shall serve as chairperson	140813
of the Workgroup.	140814

(C) Members of the Workgroup shall serve without	140815
compensation, except to the extent that serving on the Workgroup	140816
is considered part of the members' regular employment duties.	140817

(D) The Workgroup shall do all of the following:

140818

(1) Recommend one set of regulations to govern prompt payment	140819
policies for Medicaid managed care plans;	140820

(2) Research and analyze prompt payment policies related to	140821
aged medical claims within the health insurance industry and the	140822
Medicaid program;	140823

(3) Review general payment rules, payment policies related to	140824
electronic and paper claims, definitions of clean and unclean	140825
claims, late payment penalties, auditing requirements, and any	140826
other issues related to Medicaid prompt payment policy identified	140827
by the Workgroup;	140828

(4) Review statistical data on the compliance rates of	140829
current policies.	140830

(E) Not later than February 1, 2010, the Workgroup shall	140831
submit a report to the Governor and the majority and minority	140832
leadership in both Houses of the Ohio General Assembly. The report	140833
shall contain prompt payment policy recommendations for Ohio's	140834
Medicaid program.	140835

(F) The Workgroup shall cease to exist February 28, 2010.

140836

Section 751.40. The Director of Natural Resources shall	140837
enter into a memorandum of understanding with Farmers and Hunters	140838
Feeding the Hungry. The memorandum shall prescribe a method by	140839
which, during the period from July 1, 2009, through June 30, 2011,	140840
Farmers and Hunters Feeding the Hungry may donate venison to	140841
Ohio's food banks. The memorandum also shall prescribe methods	140842
that encourage private persons to make matching donations in money	140843
or food to Ohio's food banks that are equal or greater in value to	140844
the venison that is donated by the Farmers and Hunters Feeding the	140845
Hungry.	140846

Section 753.10. (A) The Director of Natural Resources shall	140847
enter into a memorandum of understanding with the Southeastern	140848
Ohio Port Authority to develop the future use of the property that	140849
formerly comprised the Marietta State Nursery. The memorandum	140850
shall provide for all of the following:	140851

(1) Sale of the property for highest and best use;

140852

(2) Sale and usage of the property that is compatible with	140853
neighboring properties;	140854

(3) Maximum financial return for the Department of Natural	140855
Resources;	140856

(4) Expeditious sale of parcels of the property.

140857

(B) The memorandum shall require contracted professional	140858
engineering services to provide both of the following:	140859

(1) A phase 1 environmental site assessment;

140860

(2) A master plan for property development, including all of	140861
the following:	140862

(a) An inventory of site features and assets;

140863

(b) Collection of public input through a meeting and comment	140864
period;	140865

(c) Identification of site usage areas such as commercial,	140866
light industrial, residential, recreational use, or green space	140867
use;	140868

(d) Lot lines and parcel sizes in concept;

140869

(e) Means of ingress and egress from State Route 7 and	140870
interior site access that are delineated in concept, including	140871
possible eastern access to the site with a rough calculation of	140872
cut and fill required for the construction of roads;	140873

(f) Identification of utility services, locations, and	140874
capacities;	140875

(g) Plans for compliance with subdivision regulations;

140876

(h) Recommendations for possible deed restrictions;

140877

(i) An evaluation of permits that must be obtained and other	140878
regulatory requirements that must be satisfied for purposes of the	140879
development of the property;	140880

(j) Any necessary maps.

140881

(C) The memorandum shall require the Southeastern Ohio Port	140882
Authority to do all of the following:	140883

(1) Manage the formulation of the master plan;

140884

(2) Create a master plan brochure and sales brochures;

140885

(3) Market the property by mail, signage, and the web sites	140886
www.pioneerspirit.us and www.Ohiosites.com;	140887

(4) Respond to sales leads;

140888

(5) Screen inquiries regarding the property;

140889

(6) Negotiate sales based on pricing guidelines established	140890
by the Department of Natural Resources;	140891

(7) Present qualified purchase offers to the Department.

140892

(D) The memorandum shall specify that the Department of	140893
Natural Resources owns the property, that it may sell the property	140894
in lots to the Port Authority, and that the Port Authority then	140895
may sell the lots to individual private buyers.	140896

(E) The memorandum shall specify that the Department of	140897
Natural Resources is responsible for paying for the environmental,	140898
engineering, graphic design, signage, and printing costs as	140899
invoices for those costs are received. The Department and the Port	140900
Authority shall agree to a cap for each of those invoices. In	140901
addition, the memorandum shall specify that as parcels of the	140902
property are transferred to private buyers, the Port Authority	140903
retains five per cent of the sale price of each parcel as a fee	140904
for services provided by the Port Authority.	140905

Section 753.40. (A) The Governor is hereby authorized to	140906
execute a deed in the name of the state conveying to Fairfield	140907
Village Realty, LLC, ("grantee"), an Ohio limited liability	140908
company, and its successors and assigns, all of the state's right,	140909
title, and interest in the following described real estate:	140910

Situated in Section 20, Township 2, Range 2, City of	140911
Fairfield, County of Butler, State of Ohio, being part of	140912
Fairfield City Lot No. 483, and being all of that real estate	140913
conveyed to The Butler County Board of Mental Retardation and	140914
Developmental Disabilities by deeds recorded in Deed Book 1553,	140915
Page 549 and Deed Book 1602, Page 538, and part of that real	140916
estate recorded in Deed Book 1451, Page 248 (all references to	140917
deeds, microfiche, plats, surveys, etc. refer to the records of	140918
the Butler County Recorder's Office, unless noted otherwise) and	140919
being more particularly bounded and described as follows:	140920

Commencing at the southwest corner of said Section 20;

140921

Thence North 4º00'00" East, along the west line of said	140922
Section 20 for a distance of 1138.50 feet to the south line of a	140923
tract of land conveyed to Cincinnati Financial Corporation by deed	140924
recorded in Official Record Volume 6544, Page 199;	140925

Thence North 80º01'34" East, leaving the west line of said	140926
Section 20 along the south line of said Cincinnati Financial	140927
Corporation for a distance of 1476.72 feet to the northwest corner	140928
of a tract of land conveyed to The Butler County Board of Mental	140929
Retardation and Developmental Disabilities by deed recorded in	140930
Deed Book 1451, Page 248, also being the TRUE PLACE OF BEGINNING	140931
for the land herein described;	140932

Thence North 80º01'34" East, continuing along the south line	140933
of said Cincinnati Financial Corporation tract for a distance of	140934
1215.00 feet to the west line of a tract of land conveyed to	140935
Cincinnati Financial Corporation by deed recorded in Official	140936
Record Volume 7039, Page 97;	140937

Thence South 3º59'06" West, leaving the south line of said	140938
Cincinnati Financial Corporation tract along the west line of said	140939
Cincinnati Financial Corporation tract for a distance of 1140.76	140940
feet to the northerly line of a tract of land conveyed to	140941
Cincinnati Mills, LLC by deeds recorded in Official Record Volume	140942
9048, Page 5078, Official Record Volume 9494, Page 5461, and	140943
Official Record Volume 9494, page 5496 (Hamilton County, Ohio	140944
Recorder's Office), also being in the south line of said Section	140945
20 and the corporation line between the City of Fairfield (Butler	140946
County) and the City of Forest Park (Hamilton County);	140947

Thence South 80º04'24" West, leaving the west line of said	140948
Cincinnati Financial Corporation tract along the south line of	140949
said Section 20 for a distance of 521.77 feet to the easterly line	140950
of said Cincinnati Mills, LLC tract;	140951

Thence leaving the south line of said Section 20 along the	140952
easterly line of said Cincinnati Mills, LLC tract the following	140953
three (3) courses:	140954

1) Along the arc of a curve to the right having a radius of	140955
225.00 feet for an arc distance of 260.16 feet, the chord of said	140956
arc being subtended by a central angle of 66º15'00" and a long	140957
chord bearing North 66º48'06" West for a distance of 245.91 feet;	140958

2) North 33º40'36" West for a distance of 519.55 feet;

140959

3) Along the arc of a curve to the left having a radius of	140960
250.00 feet for an arc distance of 65.00 feet, the chord of said	140961
arc being subtended by a central angle of 14º53'52" and a long	140962
chord bearing North 41 º07'32" West for a distance of 64.82 feet	140963
to the existing south right-of-way of Kolb Drive;	140964

Thence leaving the easterly line of said Cincinnati Mills,	140965
LLC tract along the existing south right-of-way of Kolb Drive the	140966
following two (2) courses:	140967

1) Along the arc of a curve to the left having a radius of	140968
50.00 feet for an arc distance of 34.31 feet, the chord of said	140969
arc being subtended by a central angle of 39º19'01" and a long	140970
chord bearing North 45º31'41" East for a distance of 33.64 feet;	140971

2) North 79º00'00" East for a distance of 10.00 feet to the	140972
east terminus of Kolb Drive also being in the west line of said	140973
Butler County Board of Mental Retardation and Developmental	140974
Disabilities (Deed Book 1451, Page 248).	140975

Thence North 11 º00'00" West, leaving the existing south	140976
right-of-way of Kolb Drive along the west of said Butler County	140977
Board of Mental Retardation and Developmental Disabilities (Deed	140978
Book 1451, Page 248) for a distance of 421.73 feet to the place of	140979
beginning and containing 25.349 acres, subject however to all	140980
covenants, conditions, reservations or easements of record	140981
contained in any instrument of record to the above described tract	140982
of land.	140983

Being all of that real estate conveyed to The Butler County	140984
Board of Mental Retardation and Developmental Disabilities by	140985
deeds recorded in Deed Book 1553, Page 549 and Deed Book 1602,	140986
Page 538, and part of that real estate recorded in Deed Book 1451,	140987
Page 248 of the Butler County, Ohio Recorder's Office.	140988

This description was prepared from deeds and plats of record	140989
with bearings based upon deed recorded in Deed Book 1451, Page 248	140990
of the Butler County, Ohio Recorder's Office.	140991

WOOLPERT, INC., Paul W. Feie, Ohio Registered Surveyor No.	140992
6723	140993

This legal description may be modified to a final form if	140994
modifications are needed to meet recordation standards in Butler	140995
County, Ohio.	140996

(B)(1) Consideration for conveyance of the real estate	140997
described in division (A) of this section is $450,000. The	140998
consideration shall be paid by the grantee to the state at the	140999
closing according to an executed offer to purchase real estate	141000
agreement reached between the state, through the Department of	141001
Administrative Services, and the grantee.	141002

(2) As additional consideration for conveyance of the real	141003
estate described in division (A) of this section, grantee and	141004
Empowering People, Inc., ("EPI"), an Ohio corporation and the	141005
licensed operator of the facility on the real estate, have	141006
executed and delivered to the Department of Mental Retardation and	141007
Developmental Disabilities (now the Department of Developmental	141008
Disabilities), a "Cognovit Promissory Purchase Note," dated June	141009
30, 2008, for $5,000,000. The grantee and EPI shall be entitled	141010
to credits against the "Cognovit Promissory Purchase Note" for	141011
certain completed improvements and development obligations	141012
defined as the "Improvement Plan" in the "Definitive Agreement"	141013
dated June 30, 2008, and signed by the grantee and EPI. The	141014
balance of the "Cognovit Promissory Purchase Note" shall be	141015
forgiven if the grantee and EPI complete all development	141016
obligations set forth in the "Definitive Agreement," the	141017
"Improvement Plan," and the "Cognovit Promissory Purchase Note."	141018

(C) The real estate described in division (A) of this section	141019
shall be sold as an entire tract and not in parcels through a	141020
Governor's Deed. Any personal property or chattels located on the	141021
real estate shall be transferred to the grantee through a bill of	141022
sale.	141023

(D) The Governor's Deed shall contain deed restrictions that	141024
prohibit, within five years from the date of closing, the grantee	141025
from transferring the real estate described in division (A) of	141026
this section to a third party or assigning its interest in the	141027
real estate to a third party without the prior written approval of	141028
the Department of Developmental Disabilities. Prior written	141029
approval shall not be required if the transfer or assignment is	141030
due to the death or disability of the grantee's owner. If a	141031
transfer or assignment of the real estate involves the	141032
termination or reduction in the level of services provided to	141033
individuals with mental retardation and developmental	141034
disabilities, the Department shall not approve the transfer or	141035
assignment unless the termination or reduction is otherwise	141036
required by law, including a judicial proceeding that is not	141037
caused by any act or omission of the grantee.	141038

(E) Before the execution of the Governor's Deed as described	141039
in division (F) of this section, possession of the real estate	141040
described in division (A) of this section shall be governed by an	141041
existing interim lease between the Department of Administrative	141042
Services and the grantee, an operating license between the	141043
Department of Mental Retardation and Developmental Disabilities	141044
and EPI, and the "Definitive Agreement" between the grantee, EPI,	141045
and the Department of Mental Retardation and Developmental	141046
Disabilities.	141047

(F) The Auditor of State, with the assistance of the Attorney	141048
General, shall prepare a Governor's Deed to the real estate	141049
described in division (A) of this section. The Governor's Deed	141050
shall state the consideration and the deed restrictions contained	141051
in division (D) of this section. The deed shall be executed by the	141052
Governor in the name of the State, countersigned by the Secretary	141053
of State, sealed with the Great Seal of the State, presented in	141054
the Office of the Auditor of State for recording, and delivered to	141055
the grantee. The grantee shall present the Governor's Deed for	141056
recording in the Office of the Butler County Recorder.	141057

(G) The grantee shall pay the costs of the conveyance of the	141058
real estate described in division (A) of this section, including	141059
recordation costs of the Governor's Deed.	141060

(H) This section expires two years after its effective date.

141061

Section 753.50. (A) The Governor is hereby authorized to	141062
execute a deed in the name of the state conveying to the Jackson	141063
City Schools Board of Education ("grantee"), its successors and	141064
assigns, all of the state's right, title, and interest in the	141065
following described real estate:	141066

Parcel 1	141067

The following described tract is located in part of the Scioto	141068
Salt Reserve (SSR) Lots 4 and 5, Township 6 North, Range 18 West,	141069
Franklin Township, Jackson County Ohio. Being part of the State of	141070
Ohio, Ohio Agricultural Research and Development Center's tract	141071
two and tract three, as recorded in Volume 209, at Page 648, of	141072
the Deed Records, Recorder's Office, Jackson County, Ohio and	141073
being more accurately described as follows:	141074

Beginning at the intersection of the centerline of the Portsmouth	141075
Branch of the B&O SW Railroad (Jackson Short Line) and the	141076
township line between Franklin and Lick Townships, thence South	141077
82°18'53" East, along the township line, a distance of 1398.90	141078
feet to an iron pin set, said pin being the TRUE POINT OF	141079
BEGINNING for the herein described tract;	141080

Thence South 82°18'53" East, continuing along the township line,	141081
passing an iron pin previously set at the southeast corner of Lick	141082
Township, SSR Lot 116 at a distance of 41.07 feet, a total	141083
distance of 215.54 feet to an iron pin set on the west	141084
right-of-way line of County Home Road (Township Road 707, 40'	141085
right-of-way), also being a tract of the Board of County	141086
Commissioners of Jackson County, as recorded in Deed Volume 76, at	141087
Page 267;	141088

Thence South 07°11'24" West, along the west right-of-way line of	141089
County Home road and said Commissioner's tract, a distance of	141090
637.87 feet to an iron pin set;	141091

Thence South 25°23'58" West, through the tract of which this	141092
description is a part, a distance of 677.82 feet to an iron pin	141093
set on the north right-of-way line of State Route 93 (right-of-way	141094
varies) and being the south line of the tract of which this	141095
description is a part;	141096

Thence North 64°30'00" West, along the north right-of-way line of	141097
State Route 93, a distance of 223.70 feet to an iron pin set on	141098
the east line of the Ohio Department of Transportation's tract as	141099
recorded in Deed Volume 270, at Page 49;	141100

Thence along said Ohio Department of Transportation's tract and	141101
the right-of-way line for state Route 93, the following two (2)	141102
courses;	141103

North 25°30'00" East, a distance of 20.00 feet to an iron pin	141104
set;	141105

North 61°03'58" West, a distance of 136.45 feet to an iron	141106
pin set;	141107

Thence North 23°14'34" East, through the tract of which this	141108
description is a part, a distance of 1190.21 feet to the point of	141109
beginning. Containing a total of 9.665 acres, 9.648 acres are	141110
within Scioto Salt Reserve Lot 4, and 0.017 acres within Scioto	141111
Salt Reserve Lot 5. All being part of Auditor's Parcel #	141112
0050010004500;	141113

Being subject to all legal right-of-ways and easements.	141114

All iron pins set for this survey are 5/8" rebar (30" long) with	141115
i.d. cap stamped "Dana Exline 7060."	141116

A plat of survey is attached hereto and made a part hereof. This	141117
description is valid only if the plat is attached and recorded	141118
with it.	141119

Bearings for this survey are rotated to ODOT plans JAC 93-13.95	141120
recorded in Jackson County Record of Centerline Plats Book 1, Page	141121
83.	141122

The above description was prepared from an actual field survey	141123
completed on March 08, 2001, by Dana A. Exline, Ohio Professional	141124
Surveyor #7060.	141125

Easement	141126

The following described easement is located in part of the Scioto	141127
Salt Reserve (SSR) Lots 4 and 5, Township 6 North, Range 18 West,	141128
Franklin Township, Jackson County Ohio, and being part of the	141129
State of Ohio, Ohio Agricultural Research and Development Center's	141130
tract two and three, as recorded in Volume 209, at Page 648, of	141131
the Deed Records, Recorder's Office, Jackson County, Ohio. Being a	141132
sixty (60) foot wide easement, with thirty (30) feet on each side	141133
of the following described centerline:	141134

Beginning at the intersection of the Portsmouth Branch of the B&O	141135
SW Railroad (Jackson Short Line) and the township line between	141136
Franklin and Lick Townships, thence South 82°18'53" East, along	141137
the township line, a distance of 1398.90 feet to an iron pin set	141138
for the northwest corner of the 9.665 acre tract this easement	141139
will serve; thence South 23°14'34" West, along the west line of	141140
said 9.665 acre tract, a distance of 1048.27 feet to a point, said	141141
point being the TRUE POINT OF BEGINNING for this easement	141142
description;	141143

Thence North 64°30'00" West, through the tract of which this	141144
description is a part, a distance of 739.98 feet to a point on the	141145
easterly right-of-way line of the Jackson Short Line Railroad,	141146
formerly known as the Portsmouth Branch of the B&O SW Railroad,	141147
said point being the terminus of this easement description.	141148

All iron pins set for this survey are 5/8" rebar (30" long) with	141149
i.d. cap stamped "Dana Exline 7060."	141150

A plat of survey is attached hereto and made a part hereof. This	141151
description is valid only if the plat is attached and recorded	141152
with it.	141153

Bearings for this survey are rotated to ODOT plans JAC 93-13.95	141154
recorded in Jackson County Record of Centerline Plats Book 1, Page	141155
83.	141156

The above description was prepared from an actual field survey	141157
completed on March 08, 2001, by Dana A. Exline, Ohio Professional	141158
Surveyor #7060.	141159

Parcel 2	141160

The following described tract is located in part of the Scioto	141161
Salt Reserve (SSR) Lot 4, Township 6 North, Range 18 West,	141162
Franklin Township, Jackson County Ohio. Being part of the State of	141163
Ohio, Ohio Agricultural Research and Development Center's tract	141164
two as recorded in Volume 209, at Page 648, of the Deed Records,	141165
Recorder's Office, Jackson County, Ohio and being more accurately	141166
described as follows:	141167

Beginning at the intersection of the centerline of the Portsmouth	141168
Branch of the B&O SW Railroad (Jackson Short Line) and the	141169
township line between Franklin and Lick townships, thence South	141170
82°18'53" East, along the township line, a distance of 1654.44	141171
feet to an iron pin set on the east right-of-way line of County	141172
Home Road (Township Road 707, 40' right-of-way) also being a tract	141173
of the Board of County Commissioners of Jackson County, as	141174
recorded in Deed Volume 76, at page 267, said pin being the TRUE	141175
POINT OF BEGINNING for the herein described tract;	141176

Thence South 82°18'53" East, continuing along the township line, a	141177
distance of 353.70 feet to an iron pin set;	141178

Thence South 38°54'57" West, through the tract of which this	141179
description is a part, a distance of 672.60 feet to an iron pin	141180
set on the east right-of-way line of County Home Road and said	141181
Commissioner's tract;	141182

Thence North 07°11'24" East, along the east right-of-way line of	141183
County Home Road, a distance of 575.15 feet to the point of	141184
beginning. Containing a total of 2.335 acres. Being part of	141185
Auditor's Parcel # 0050010004500;	141186

Being subject to all legal right-of-ways and easements.	141187

All iron pins set for this survey are 5/8" rebar (30" long) with	141188
i.d. cap stamped "Dana Exline 7060."	141189

A plat of survey is attached hereto and made a part hereof. This	141190
description is valid only if the plat is attached and recorded	141191
with it.	141192

Bearings for this survey are rotated to ODOT plans JAC 93-13.95	141193
recorded in Jackson County Record of Centerline Plats Book 1, Page	141194
83.	141195

The above description was prepared from an actual field survey	141196
completed on March 08, 2001, by Dana A. Exline, Ohio Professional	141197
Surveyor #7060.	141198

(B) Consideration for conveyance of the real estate is the	141199
conveyance from the grantee to the state, its successors and	141200
assigns, of the following described real estate:	141201

The following described tract is located in part of the Scioto	141202
Salt Reserve (SSR) Lots 117 and 118, Township 7 North, Range 18	141203
West, Lick Township, Jackson County Ohio, and being part of the	141204
Jackson City Schools, Board of Education's 24.118 acre tract, as	141205
recorded in Volume 330, at Page 333, of the Deed Records,	141206
Recorder's Office, Jackson County, Ohio and being more accurately	141207
described as follows:	141208

Beginning at the intersection of the centerline of the Portsmouth	141209
Branch of the B&O SW Railroad (Jackson Short Line) and the	141210
township line between Lick and Franklin Townships, thence South	141211
82°18'53" East, along the township line, passing an iron pin set	141212
at the southwest corner of SSR Lot 117 at 1439.97 feet, a total	141213
distance of 2112.86 feet to an iron pin set and being the TRUE	141214
POINT OF BEGINNING for the herein described tract;	141215

Thence North 05°33'28" East, through the tract of which this	141216
description is a part, a distance of 735.22 feet to an iron pin	141217
set on the north line of the 24.118 acre tract;	141218

Thence South 82°15'00" East, along the north line of the tract of	141219
which this description is a part, a distance of 659.26 feet to an	141220
iron pin previously set on the west line of a twenty foot wide	141221
ingress-egress easement for the Jackson County Home Cemetery;	141222

Thence South 07°08'47" West, along an easterly line of the tract	141223
of which this description is a part, a distance of 308.00 feet to	141224
an iron pin previously set;	141225

Thence South 82°18'53" East, along a boundary line of the tract of	141226
which this description is a part passing into SSR Lot 118 at 20.00	141227
ft, a total distance of 108.20 feet to an iron pin previously set;	141228

Thence South 07°08'47" West, along an easterly line of the tract	141229
of which this description is a part, a distance of 426.00 feet to	141230
an iron pin previously set on the township line between Lick and	141231
Franklin Townships;	141232

Thence North 82°18'53" West, along the township line passing an	141233
iron pin previously set for the southeast corner of SSR Lot 117 at	141234
88.20 feet, a total distance of 747.07 feet to the point of	141235
beginning. Containing a total of 12.000 acres. 11.137 acres are	141236
within Scioto Salt Reserve Lot 117, and 0.863 acres are within	141237
Scioto Salt Reserve Lot 118. All being part of Auditor's Parcel #	141238
H120060025401;	141239

Being subject to all legal right-of-ways and easements.	141240

All iron pins set for this survey are 5/8" rebar (30" long) with	141241
i.d. cap stamped "Dana Exline 7060."	141242

A plat of survey is attached hereto and made a part hereof. This	141243
description is valid only if the plat is attached and recorded	141244
with it.	141245

Bearings for this survey are rotated to ODOT plans JAC 93-13.95	141246
recorded in Jackson County Record of Centerline Plats Book 1, Page	141247
83.	141248

The above description was prepared from an actual field survey	141249
completed on March 08, 2001 by Dana A. Exline, Ohio Professional	141250
Surveyor #7060.	141251

141252

(D) Upon the conveyance to the state of the real estate	141253
described in division (B) of this Section, the Auditor of State,	141254
with the assistance of the Attorney General, shall prepare a deed	141255
to the real estate described in division (A) of this Section. The	141256
deed shall state the consideration. The deed shall be executed by	141257
the Governor in the name of the state, countersigned by the	141258
Secretary of State, sealed with the Great Seal of the State,	141259
presented in the Office of the Auditor of State for recording,	141260
and delivered to the grantee. The grantee shall present the deed	141261
for recording in the Office of the Jackson County Recorder.	141262

(E) This Section expires one year after its effective date.

141263

Section 753.60. (A) The Governor is authorized to execute a	141264
Governor's Deed in the name of the state conveying to the Dayton	141265
Public School District/Dayton Board of Education, ("grantee"), and	141266
its successors and assigns, all of the state's right, title, and	141267
interest in the following described real estate:	141268

STATE OF OHIO TO BOARD OF EDUCATION 45.3599 Acres

141269

Situated in Section 26, Township 2, Range 7 of the Miami	141270
River Survey, the City of Dayton, the County of Montgomery, the	141271
State of Ohio, being a 2.2361 acre portion of a 15 acres 30 rods	141272
tract conveyed to the State of Ohio as recorded in Deed Book U-2,	141273
Page 40, and being a 22.5673 acre portion of a 24.36 acre tract of	141274
land conveyed to the Trustees of the Southern Ohio Lunatic Asylum	141275
as recorded in Deed Book N-3, Page 233, being an 4.6813 acre	141276
portion of a 21.25 acre tract of land conveyed to the State of	141277
Ohio as recorded in Deed Book 169, Page 583, and being an 8.6742	141278
acre portion of a 33.5 acre tract as conveyed to the State of Ohio	141279
as recorded in Deed Book 169, Page 585, being an 7.2010 acre	141280
portion of a 10.544 acre tract of land as conveyed to the State of	141281
Ohio as recorded in Deed Book 138, Page 125 and being a portion of	141282
City of Dayton Lot Number 61376 and all of Lot Number 61377 of the	141283
revised and consecutive numbers of lots on the plat of the City of	141284
Dayton and more particularly bounded and described as follows:	141285

Beginning at a capped 5/8" Iron Pin found stamped "Woolpert"	141286
at the Southeast corner of a 2.881 acre tract being Parcel 2 of	141287
the Wilmington Woods Plat as recorded in Plat Book 134, Page 3A,	141288
said point also being the northeast corner of an 8.338 acre tract	141289
of land conveyed to the Barry K. Humphries as recorded in	141290
Microfiche 01-O590A04 and the TRUE POINT OF BEGINNING;	141291

Thence with the east line of said 2.881 acre tract being	141292
Parcel 2 and the West line of a 24.36 acre tract of land conveyed	141293
to the Trustees of the Southern Ohio Lunatic Asylum as recorded in	141294
Deed Book N-3, Page 233, North 00°32' 15" East a distance of	141295
459.39 feet to a RR Spike set in the centerline of Wayne Avenue,	141296
passing a 5/8 inch iron pin set at the northeast corner of said	141297
2.881 acre tract and the south right of way of Wayne Avenue at	141298
429.39 feet;	141299

Thence with the centerline of Wayne Ave and the north lines	141300
of said 24.36 acre tract and said 21.25 acre tract, South	141301
89º18'28" East a distance of 790.80 feet to a RR spike set at the	141302
northwest comer of a 1.056 acre tract of land conveyed to the City	141303
of Dayton as recorded in M.F. No. 90-424 EO9;	141304

Thence with the west line of said 1.056 acre tract and the	141305
east line of said 21.25 acre tract, South 01º17'05" West a	141306
distance of 230.89 feet to a 5/8 inch iron pin stamped "Riancho",	141307
passing a 5/8 inch iron set at the south right of way of Wayne	141308
Avenue at 30.00 feet;	141309

Thence with the south line of said 1.056 acre tract and the	141310
south line of a 1.056 acre tract of land conveyed to the City of	141311
Dayton as recorded in M.F. No. 78-725 B08, South 89º27' 55" East a	141312
distance of 400.00 feet to a found 5/8" iron pin and passing a 5/8	141313
inch iron pin found stamped "Riancho" at 200.00 feet;	141314

Thence with the east line of said 1.056 acre tract and the	141315
west line of said 33.5 acre tract as conveyed to the State of Ohio	141316
as recorded in Deed Book 169 Page 585, North 1°17'05" East a	141317
distance of 229.79 feet to a RR spike set, passing a 5/8 inch iron	141318
pin set at the south right of way of Wayne Avenue at 199.79 feet;	141319

Thence with the centerline of Wayne Avenue and the north line	141320
of said 33.5 acre tract, South 89º18'28" East a distance of 270.78	141321
feet to a RR spike set at the Intersection of the centerlines of	141322
Waterveliet Avenue and Wayne Avenue;	141323

Thence with the centerline of Waterveliet Avenue and with the	141324
northerly line of said 33.5 acre tract, South 55º21'16" East a	141325
distance of 231.10 feet to a RR spike set;	141326

Thence with the east line of said 33.5 acre tract and the	141327
west line of a 13.00 acre tract conveyed to the Board of Education	141328
of the Dayton City School District as recorded in Deed Book 1522,	141329
Page 341, South 00º48' 28" West a distance of 709.51 feet to a 5/8	141330
inch iron pin set;	141331

Thence with a new division line, North 89º11'12" West, a	141332
distance of 468.08 feet to a 5/8 inch iron pin set, in the west	141333
line of said 33.5 acre tract and the east line of said 21.25 acre	141334
tract, to a 5/8 inch iron pin set;	141335

Thence with the west line of said 33.5 acre tract and the	141336
east line of said 21.25 acre tract, North 01°07'55" East a	141337
distance of 141.74 feet to a 5/8 inch iron pin set;	141338

Thence with a new division line, North 89°15'53" West,	141339
passing the west line of said 21.25 acre tract and the east line	141340
of said 24.36 acre tract conveyed to The Trustees of the Southern	141341
Ohio Lunatic Asylum as recorded in Deed Book N~3, Page 233 at a	141342
distance of 425.35 feet, for a total distance of 507.35 feet to a	141343
5/8 inch iron pin set;	141344

Thence with a new division line South 01°07'00" West passing	141345
the south line of 24.36 acre tract conveyed to The Trustees of the	141346
Southern Ohio Lunatic Asylum as recorded in Deed Book N-3, Page	141347
233 and the north line of said 10.544 acre tract at a distance of	141348
627.92 feet, for a total distance of 1,013.05 feet to a 5/8 inch	141349
iron pin set in the south line of said 10.544 acre tract;	141350

Thence with the south line of said 10.544 acre tract and the	141351
north line a 20.3 acre tract conveyed to the State of Ohio	141352
Department of Public Works for the use of the Department of Public	141353
Welfare, Dayton State Hospital as recorded in Deed Book 1326, Page	141354
247, North 88°52'07" West a distance of 808.89 feet to a 5/8 inch	141355
iron pin set in the east line of a 11.579 acre tract of land	141356
conveyed to the Hospice of Dayton as recorded in Microfiche	141357
94-0448C08;	141358

Thence with the east line of said 11.579 acre tract of land,	141359
the east line of said 8.338 acre tract as conveyed to Barry K.	141360
Humphries as recorded in M.F. number 01-0590 A04, the west line of	141361
said 10.544 acre tract, and the west line of said 2.36 acre tract,	141362
North 03°24 '08" West a distance of 956.68 feet to a 5/8 inch iron	141363
pin set;	141364

Thence with an easterly line of said 8.338 acre tract, the	141365
westerly line of said 24.36 acre tract, and the north line of said	141366
2.36 acre tract, North 49º49'38" East a distance of 275.99 feet to	141367
a capped 5/8 inch Iron Pin found stamped "LJB";	141368

Thence with the east line of said 8.338 acre tract and the	141369
west line of a 24.36 acre tract, North 00°32'15" East a distance	141370
of 108.09 feet to a capped 5/8" Iron Pin stamped "Woolpert" and	141371
the TRUE POINT OF BEGINNING, containing 45.3599 acres more or	141372
less. Subject to all easements, agreements and right of ways of	141373
record.	141374

The basis of bearings for this description is the easterly	141375
line of Parcel 2, South 00°32'15 West, as recorded in the	141376
Wilmington Woods Plat as recorded in Plat Book 134, Page 3A;	141377

All iron pins set in the above boundary description are 5/8"	141378
(O.D.) 30" long with a plastic cap stamped "LJB"	141379

(B)(1) Consideration for conveyance of the real estate	141380
described in division (A) of this section is the transfer to the	141381
state at no cost of 8.9874 acres adjacent to the remaining Twin	141382
Valley Behavioral Healthcare/Dayton Campus, subject to the	141383
following conditions:	141384

(a) Within one hundred eighty days after conveyance of the	141385
real estate described in division (A) of this section, grantee at	141386
its own cost shall complete construction of a new western	141387
extension off of Mapleview Avenue to provide a new entrance	141388
roadway to the remaining Twin Valley Behavioral Healthcare/Dayton	141389
Campus and provide an easement to the state for full utilization	141390
of the roadway for the benefit of the remaining Twin Valley	141391
Behavioral Healthcare/Dayton Campus until the property described	141392
in division (B)(1) of this section is transferred to the state.	141393

(b) Within three hundred forty days after the occupancy of	141394
the New Belmont High School, grantee shall demolish and	141395
environmentally restore the 8.9874 acres being transferred to the	141396
state.	141397

(2) In lieu of the transfer of the 8.9874 acres, if the	141398
Director of Mental Health determines that the grantee has	141399
insufficiently performed its construction, demolition, and	141400
environmental restoration obligations specified in division (B)(1)	141401
of this section, the grantee, as consideration, shall pay a	141402
purchase price of $1,175,000.00 to the state, which is the	141403
appraised value of the 45.3599 acres described in division (A) of	141404
the section less the cost of demolition, site, and utility work.	141405

(C) The real estate described in division (A) of this section	141406
shall be conveyed as an entire tract and not in parcels.	141407

(D) Upon transfer of the 8.9874 acres to the state or payment	141408
of the purchase price, the Auditor of State, with the assistance	141409
of the Attorney General, shall prepare a deed to the real estate	141410
described in division (A) of this section. The deed shall state	141411
the consideration and shall be executed by the Governor in the	141412
name of the state, countersigned by the Secretary of State, sealed	141413
with the Great Seal of the State, presented in the Office of the	141414
Auditor of State for recording, and delivered to the grantee. The	141415
grantee shall present the deed for recording in the Office of the	141416
Montgomery County Recorder.	141417

(E) The grantee shall pay all costs associated with	141418
conveyance of the real estate described in division (A) of this	141419
section, including recordation costs of the deed.	141420

(F) If the payment of $1,175,000.00 is made in lieu of the	141421
transfer of the 8.9874 acres to the state, the proceeds of the	141422
conveyance of the real estate described in division (A) of this	141423
section shall be deposited into the state treasury to the credit	141424
of the Department of Mental Health Trust Fund created by section	141425
5119.18 of the Revised Code and the easement described in division	141426
(B)(1)(a) of this section shall become a permanent easement.	141427

(G) The grantee shall not, during any period that any bonds	141428
issued by the state to finance or refinance all or a portion of	141429
the real estate described in division (A) of this section are	141430
outstanding, use any portion of the real estate for a private	141431
business use without the prior written consent of the state.	141432

As used in this division:

141433

"Private business use" means use, directly or indirectly, in	141434
a trade or business carried on by any private person other than	141435
use as a member of, and on the same basis as, the general public.	141436
Any activity carried on by a private person who is not a natural	141437
person shall be presumed to be a trade or business.	141438

"Private person" means any natural person or any artificial	141439
person, including a corporation, partnership, limited liability	141440
company, trust, or other entity and including the United States or	141441
any agency or instrumentality of the United States, but excluding	141442
any state, territory, or possession of the United States, the	141443
District of Columbia, or any political subdivision thereof that is	141444
referred to as a "State or local governmental unit" in Treasury	141445
Regulation § 1.103-1(a) and any person that is acting solely and	141446
directly as an officer or employee of or on behalf of any such	141447
governmental unit.	141448

(H) This section expires two years after its effective date.

141449

Section 753.70. The Governor is hereby authorized to execute	141450
a deed in the name of the state conveying to the City of	141451
Cincinnati ("grantee"), its successors and assigns, all of the	141452
state's right, title, and interest in the following described real	141453
estate:	141454

Situated in Section 6, Town 3 Fractional Range 2, of the	141455
Miami Purchase, Mill Creek Township in the City of Cincinnati,	141456
Hamilton County, State of Ohio, being more particularly described	141457
as follows:	141458

Commencing in the center of Seymour Avenue at the southeast	141459
corner to Lot 1 of the Hannah A. Sandburn's subdivision recorded	141460
in Plat Book, Page 263 at the Hamilton County Recorders records in	141461
Cincinnati, Ohio:	141462

Thence along centerline of Seymour Avenue 88º41'02" West a	141463
distance of 60.00 feet;	141464

Thence along a line parallel to Lot 1 and Lot 2 of Hannah A.	141465
Sandburn's Subdivision North 01º06'58" East a distance of 42.01	141466
feet at a set cross-notch in the north right of way line of	141467
Seymour Avenue at the common corner to Domicile, Inc. (OR 6940, PG	141468
1715) and being the true POINT OF BEGINNING to this description;	141469

Thence along the right of way line of Seymour Avenue the	141470
following three (3) courses:	141471

North .86º49'13" West a distance of 151.95 feet to a point;

141472

North 88º57'41" West a distance of 197.14 feet to a point;

141473

Along a curve to the right having a radius of 1633 20 feet,	141474
an arc distance of 254.86 feet and whose chord bears North	141475
84º29'29' West a distance of 254.60 feet to a set cross-notch,	141476
common corner to the Ohio Department of Transportation;	141477

Thence leaving said right of way and along the line of the	141478
Ohio Department of Transportation the following three (3) courses:	141479

North 03º21'39' West a distance of 468 28 feet to a set 5/8"	141480
steel rebar with plastic cap stamped "J.G.K. S-8227";	141481

North 03º47'08" East a distance of 313.70 feet to a set 5/8"	141482
steel rebar with plastic cap stamped "J.G.K. S-8227";	141483

North 04º59'33" East a distance. of 153.84 feet to a set 5/8"	141484
steel rebar with plastic cap stamped "J.G.K. S-8227";	141485

Thence leaving said common line and with a new division line	141486
through the lands of State of Ohio and along a curve to the left	141487
having a radius of 598.66 feet, an arc distance of 798.59 feet and	141488
whose chord bears South 72º43'03" East a distance of 740.68 feet	141489
to a set 5/8" steel rebar with plastic cap stamped "J.G.K.	141490
S-8227";	141491

Thence South 03º00'59" West, passing a recovered 5/8" steel	141492
rebar (PLS #6670) at 10.3 feet, corner to the United States of	141493
America (OR 6308, PG 3023), a total distance of 637.68 feet to a	141494
set 5/8" steel rebar with plastic cap stamped "J.G.K. S-8227"	141495
corner to the same;	141496

Thence along the line of the United States of America the	141497
following two (2) calls	141498

North 87º35'48" West a distance of 33.54 feet to a set 5/8"	141499
steel rebar with plastic cap stamped "J.G.K. S-8227";	141500

South 01º06'58" West a distance of 33.30 feet to a set 5/8"	141501
steel rebar with plastic cap stamped "J.G.K. S-8227" at a corner	141502
to Domicile, Inc.;	141503

Thence with the line of Domicile, Inc. the following two (2)	141504
calls;	141505

North 88º53'02" West a distance of 60.00 feet to a set 5/8"	141506
steel rebar with plastic cap stamped "J.G.K. S-8227";	141507

South 01º06'58" West a distance of 157.78 feet to the POINT	141508
OF BEGINNING.	141509

Containing 12.956 acres and being subject to all easements	141510
and restrictions of record.	141511

Being a part of the property conveyed to the State of Ohio in	141512
Official Record Book 2279, Page 583 of the Hamilton County Clerks	141513
records in Cincinnati, Ohio.	141514

Said herein description being the result of a survey	141515
performed by Cardinal Engineering Corporation in September, 2008	141516
under the direct supervision of Joseph G. Kramer, P.L.S. #S-8227.	141517
The bearings of this description are based on a survey performed	141518
by the Army Corps of Engineers dated 1957.	141519

Consideration for conveyance of the real estate described in	141520
this section is $1,230,000.	141521

The grantee shall not use, develop, or sell the real estate	141522
described in this section such that it will interfere with the	141523
quiet enjoyment of the adjacent state-owned land.	141524

The real estate described in this section shall be sold as an	141525
entire tract and not in parcels.	141526

Upon payment of the purchase price, the Auditor of State,	141527
with the assistance of the Attorney General, shall prepare a	141528
Governor's Deed to the real estate described in this section. The	141529
Governor's Deed shall state the consideration and the condition.	141530
The deed shall be executed by the Governor in the name of the	141531
State, countersigned by the Secretary of State, sealed with the	141532
Great Seal of the State, presented in the Office of the Auditor of	141533
State for recording, and delivered to the grantee. The grantee	141534
shall present the deed for recording in the Office of the Hamilton	141535
County Recorder.	141536

The grantee shall pay all costs associated with the purchase	141537
and conveyance of the real estate described in this section,	141538
including deed recordation costs.	141539

The net proceeds of the sale of the real estate described in	141540
this section shall be deposited in the State Treasury to the	141541
credit of the Department of Mental Health Trust Fund under section	141542
5119.18 of the Revised Code.	141543

This section expires two years after its effective date.

141544

Section 757.10. (A) This section is intended as remedial	141545
legislation authorizing the exemption of airport property for	141546
which a port authority applied for tax exemption, but was denied	141547
because the applicant was a lessee and not the owner of the	141548
property, as required under section 5715.27 of the Revised Code as	141549
that section existed before its amendment by Sub. H.B. 160 of the	141550
127th General Assembly.	141551

(B) As used in this section:

141552

(1) "Eligible year" means any year for which taxes,	141553
penalties, and interest could have been remitted or abated, and	141554
the property placed on the exempt tax list, under a previous	141555
application for exemption if the application had not been	141556
dismissed as provided under division (A) of this section.	141557

(2) "Qualified property" means real property owned by a	141558
subdivision of this state, leased to a port authority created	141559
under Chapter 4582. of the Revised Code, and used as an airport,	141560
and that currently qualifies for exemption from taxation under any	141561
section of the Revised Code, but for which the application for	141562
exemption for an eligible year was dismissed by the Tax	141563
Commissioner as provided in division (A) of this section.	141564

(3) "Subdivision," "taxing authority," and "taxing unit" have	141565
the same meanings as in section 5705.01 of the Revised Code.	141566

(C) Notwithstanding section 5713.081 of the Revised Code, if	141567
an application for exemption from and abatement or remission of	141568
property taxes for qualified property was dismissed because of	141569
failure to comply with Chapter 5713., or section 5715.27 of the	141570
Revised Code as that section existed before its amendment by Sub.	141571
H.B. 160 of the 127th General Assembly, the current owner of	141572
qualified property, on or before January 1, 2010, may file with	141573
the Tax Commissioner an application requesting that the property	141574
be placed on the exempt tax list and that all paid or unpaid	141575
taxes, penalties, and interest on the property be abated or	141576
remitted, as appropriate, for each eligible year. The application	141577
shall be filed on the form prescribed by the Commissioner under	141578
section 5715.27 of the Revised Code. The owner shall include with	141579
the application a copy of the Commissioner's final determination	141580
dismissing the previous application and the certificate issued by	141581
the county treasurer under division (F) of this section. Failure	141582
to include the Commissioner's final determination that dismissed	141583
the previous application for exemption or the treasurer's	141584
certificate shall result in dismissal of the application filed	141585
under this section.	141586

(D) Upon receiving an application under this section, the Tax	141587
Commissioner shall determine if the applicant and the applicant's	141588
property satisfy the requirements for exemption, abatement, and	141589
remission under this section. If the requirements are satisfied,	141590
the Commissioner shall issue an order directing the auditor to	141591
place the property on the exempt tax list of the county and	141592
ordering that all paid or unpaid taxes, penalties, and interest be	141593
abated or remitted for every eligible year the property was	141594
qualified property. If the Commissioner determines that the	141595
property does not satisfy the requirements for exemption for one	141596
or more years, the Commissioner shall deny the application for	141597
those years and certify the finding to the county treasurer of the	141598
county in which the property is located for collection of all	141599
taxes, penalties, and interest and distribution thereof to the	141600
appropriate subdivisions. Tax payments for eligible years shall	141601
not be considered unpaid taxes for purposes of establishing	141602
jurisdiction to consider an application under this section.	141603

(E) The county auditor shall notify the county treasurer that	141604
any tax payments for eligible years that have not been distributed	141605
shall be held in a special fund pending a decision by the Tax	141606
Commissioner on an application filed under this section. No	141607
subdivision or other taxing unit is entitled to advance payment of	141608
such amounts under section 321.34 of the Revised Code. After the	141609
Commissioner issues a decision, the county auditor shall either	141610
remit the taxes, penalties, and interest to the applicant if the	141611
application is approved or distribute the taxes, penalties, and	141612
interest to the proper taxing authorities if the application for	141613
exemption is denied.	141614

(F) Upon request by the applicant, the county treasurer shall	141615
determine whether all taxes, penalties, and interest that were	141616
levied for all tax years that are not eligible years and whether	141617
all special assessments charged against the property have been	141618
paid in full. If so, the treasurer shall issue a certificate to	141619
the applicant stating that all such amounts have been paid, or, if	141620
not, the certificate shall list the tax years for which such	141621
taxes, penalties, interest, and special assessments remain unpaid.	141622

Section 759.10. Notwithstanding division (B)(1) of section	141623
5919.34 of the Revised Code, the number of participants in the	141624
Ohio National Guard Scholarship Program for the summer term	141625
occurring in the year 2009 shall be limited to the equivalent of	141626
one thousand two hundred full-time participants.	141627

Section 801.10. As used in the uncodified law of this act,	141628
"American Recovery and Reinvestment Act of 2009" means the	141629
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	141630
111-5, 123 Stat. 115.	141631

Section 803.10. Section 1751.14 of the Revised Code, as	141632
amended by this act, shall apply only to policies, contracts,	141633
and agreements that are delivered, issued for delivery, or	141634
renewed in this state on or after July 1, 2010; section 3923.24	141635
of the Revised Code, as amended by this act, shall apply only to	141636
policies of sickness and accident insurance and plans of health	141637
coverage that are established or modified in this state on or	141638
after July 1, 2010; and section 3923.241, as enacted by this	141639
act, shall apply only to public employee health plans	141640
established or modified in this state on or after July 1, 2010.	141641

Section 803.20. Sections 718.04 and 5747.01 of the Revised	141642
Code, as amended by this act, first apply to taxable years	141643
beginning on or after January 1, 2010.	141644

The amendment by this act of sections 5733.47 and 5747.76 of	141645
the Revised Code applies to credits claimed with respect to	141646
certificates issued in taxable years ending on or after the	141647
effective date of this amendment.	141648

Section 803.30. In anticipation of the amendments to section	141649
124.134 of the Revised Code taking effect on August 30, 2009, the	141650
Director of Administrative Services shall determine an additional,	141651
prorated amount of vacation leave for employees who are in their	141652
fourth, ninth, fourteenth, nineteenth, or twenty-fourth year of	141653
service to receive as a result of the transition occurring on that	141654
date. The additional, prorated amount shall be such that the	141655
affected employees are not harmed as a result of the transition,	141656
and shall be added to the vacation leave balances of the affected	141657
employees on August 30, 2009.	141658

Section 803.50. The amendment by this act of section 5727.811	141659
of the Revised Code applies to the measurement period that	141660
includes the effective date of that section and ensuing	141661
measurement periods.	141662

Section 803.60. The amendment of section 105.41 of the	141663
Revised Code by this act does not abrogate any collective	141664
bargaining agreement, for the duration of the agreement, that	141665
applies to employees of the Capitol Square Review and Advisory	141666
Board and that was entered into under Chapter 4117. of the Revised	141667
Code before the effective date of that amendment.	141668

Section 803.70. The amendment by this act of division (B) of	141669
section 5751.02 of the Revised Code is to clarify the General	141670
Assembly's intent of that section when it was enacted by Am. Sub.	141671
H.B. 66 of the 126th General Assembly.	141672

Section 806.10. The items of law contained in this act, and	141673
their applications, are severable. If any item of law contained in	141674
this act, or if any application of any item of law contained in	141675
this act, is held invalid, the invalidity does not affect other	141676
items of law contained in this act and their applications that	141677
can be given effect without the invalid item of law or	141678
application.	141679

Section 809.10. An item of law, other than an amending,	141680
enacting, or repealing clause, that composes the whole or part of	141681
an uncodified section contained in this act has no effect after	141682
June 30, 2011, unless its context clearly indicates otherwise.	141683

Section 812.10. Except as otherwise provided in this act,	141684
the amendment, enactment, or repeal by this act of a section is	141685
subject to the referendum under Ohio Constitution, Article II,	141686
Section 1c and therefore takes effect on the ninety-first day	141687
after this act is filed with the Secretary of State or, if a later	141688
effective date is specified below, on that date.	141689

The amendments by this act to section 3901.381 of the	141690
Revised Code take effect twelve months after the effective date	141691
specified in the first paragraph of this section.	141692

The amendments by this act to sections 3733.02 and 4781.06	141693
of the Revised Code take effect January 1, 2010.	141694

The amendment, enactment, or repeal by this act of sections	141695
4505.20, 4517.01, 4517.02, 4517.03, 4517.052, 4517.27, 4517.30,	141696
4517.33, 4517.43, 4781.02, 4781.04, 4781.05, 4781.16, 4781.17,	141697
4781.18, 4781.19, 4781.20, 4781.21, 4781.22, 4781.23, 4781.24,	141698
4781.25, and 4781.99 of the Revised Code takes effect July 1,	141699
2010.	141700

The amendment of sections 1739.05, 1751.14, 3923.24,	141701
3923.241, 5743.15, 5743.61, and 5747.01 of the Revised Code takes	141702
effect January 1, 2010.	141703

The enactment of section 3903.77 of the Revised Code takes	141704
effect one year after the effective date specified in the first	141705
paragraph of this section.	141706

The enactment of sections 153.013 and 5525.26 of the Revised	141707
Code takes effect January 1, 2010.	141708

Sections 803.10 and 803.20 of this act take effect January 1,	141709
2010.	141710

The amendments by this act to sections 3319.391 and 3327.10	141711
of the Revised Code take effect January 1, 2010.	141712

Section 812.20. The amendment, enactment, or repeal by this	141713
act of the sections listed below is exempt from the referendum	141714
because it is or relates to an appropriation for current expenses	141715
within the meaning of Ohio Constitution, Article II, Section 1d	141716
and section 1.471 of the Revised Code, or defines a tax levy	141717
within the meaning of Ohio Constitution, Article II, Section 1d,	141718
and therefore takes effect immediately when this act becomes law	141719
or, if a later effective date is specified below, on that date.	141720

Sections 103.24, 121.40, 121.401, 121.402, 122.011, 124.03,	141721
124.152, 124.181, 124.183, 124.27, 124.34, 124.381, 124.382,	141722
124.385, 124.386, 124.392, 124.393, 124.821, 124.822, 124.86,	141723
126.05, 131.33, 133.02, 133.022, 145.298, 152.12, 166.02,	141724
166.08, 166.11, 166.25, 166.28, 173.70, 173.71, 173.72, 173.721,	141725
173.722, 173.723, 173.724, 173.73, 173.731, 173.732, 173.74,	141726
173.741, 173.742, 173.75, 173.751, 173.752, 173.753, 173.76,	141727
173.77, 173.771, 173.772, 173.773, 173.78, 173.79, 173.791,	141728
173.80, 173.801, 173.802, 173.803, 173.81, 173.811, 173.812,	141729
173.813, 173.814, 173.815, 173.82, 173.83, 173.831, 173.832,	141730
173.833, 173.84, 173.85, 173.86, 173.861, 173.87, 173.871,	141731
173.872, 173.873, 173.874, 173.875, 173.876, 173.88, 173.89,	141732
173.891, 173.892, 173.90, 173.91, 173.99, 303.213, 307.79,	141733
319.301, 319.302, 319.54, 321.24, 323.156, 504.21, 505.82,	141734
901.20, 901.43, 901.91, 903.082, 903.11, 903.25, 905.32, 905.33,	141735
905.331, 905.36, 905.38, 905.381, 905.50, 905.51, 905.52, 905.56,	141736
905.66, 907.13, 907.14, 907.16, 907.30, 907.31, 921.02, 921.06,	141737
921.09, 921.11, 921.13, 921.16, 921.22, 921.27, 921.29, 923.44,	141738
923.46, 927.51, 927.52, 927.53, 927.54, 927.56, 927.69, 927.70,	141739
927.701, 927.71, 927.74, 942.01, 942.02, 942.06, 942.13, 943.01,	141740
943.02, 943.031, 943.04, 943.05, 943.06, 943.07, 943.13, 943.14,	141741
943.16, 953.21, 953.22, 953.23, 1501.01, 1501.05, 1501.07,	141742
1501.30, 1504.01, 1504.02, 1504.03, 1504.04, 1506.01, 1507.01,	141743
1511.01, 1511.02, 1511.021, 1511.022, 1511.03, 1511.04, 1511.05,	141744
1511.06, 1511.07, 1511.071, 1511.08, 1514.08, 1514.10, 1514.13,	141745
1515.08, 1515.183, 1517.02, 1517.10, 1517.11, 1517.14 (1547.81),	141746
1517.15, 1517.16 (1547.82), 1517.17 (1547.83), 1517.18 (1547.84),	141747
1519.03, 1520.02, 1520.03, 1521.02, 1521.03, 1521.031, 1521.04,	141748
1521.06, 1521.061, 1521.062, 1521.064, 1521.07, 1521.10,	141749
1521.11, 1521.12, 1521.13, 1521.14, 1521.15, 1521.16, 1521.18,	141750
1521.19, 1523.01, 1523.02, 1523.03, 1523.04, 1523.05, 1523.06,	141751
1523.07, 1523.08, 1523.09, 1523.10, 1523.11, 1523.12, 1523.13,	141752
1523.14, 1523.15, 1523.16, 1523.17, 1523.18, 1523.19, 1523.20,	141753
1541.03, 1547.01, 1547.02, 1547.51, 1547.52, 1547.531, 1547.54,	141754
1547.542, 1547.73, 1547.85, 1547.86, 1547.87, 1547.99, 1548.10,	141755
1707.37, 2101.01, 2301.02, 2301.03, 2921.13, 3301.122, 3301.57,	141756
3301.95, 3302.031, 3302.05, 3302.07, 3306.01, 3306.012, 3306.02,	141757
3306.03, 3306.04, 3306.05, 3306.051, 3306.052, 3306.06, 3306.07,	141758
3306.08, 3306.09, 3306.091, 3306.10, 3306.11, 3306.12, 3306.13,	141759
3306.17, 3306.18, 3306.19, 3306.191, 3306.192, 3306.21,	141760
3306.22, 3306.25, 3306.29, 3306.291, 3306.292, 3306.30, 3306.31,	141761
3306.33, 3306.34, 3306.35, 3306.40, 3306.50, 3306.51, 3306.52,	141762
3306.53, 3306.54, 3306.55, 3306.56, 3306.57, 3306.58, 3307.31,	141763
3307.64, 3309.41, 3309.48, 3309.51, 3310.08, 3310.09, 3310.41,	141764
3311.059, 3311.0510, 3311.06, 3311.19, 3311.21, 3311.29,	141765
3311.52, 3311.76, 3313.483, 3313.55, 3313.64, 3313.642, 3313.843,	141766
3313.98, 3313.981, 3314.028, 3314.08, 3314.085, 3314.087,	141767
3314.088, 3314.091, 3314.10, 3314.13, 3314.35, 3316.041, 3316.06,	141768
3316.20, 3317.01, 3317.011, 3317.013, 3317.018, 3317.02,	141769
3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.0210,	141770
3317.0211, 3317.0216, 3317.031, 3317.04, 3317.061, 3317.063,	141771
3317.081, 3317.082, 3317.12, 3317.16, 3317.18, 3317.20, 3317.201,	141772
3318.011, 3318.051, 3319.088, 3319.221, 3319.57, 3319.70, 3319.71,	141773
3323.091, 3323.14, 3323.142, 3324.05, 3326.21, 3326.33, 3326.39,	141774
3327.02, 3327.04, 3327.05, 3329.16, 3333.04, 3333.122, 3333.27,	141775
3333.28, 3333.38, 3333.391, 3333.392, 3333.61, 3333.62, 3333.66,	141776
3345.32, 3349.242, 3353.20, 3365.01, 3704.14, 3704.143, 3706.04,	141777
3712.03, 3714.03, 3718.03, 3733.43, 3745.015, 3748.01, 3748.04,	141778
3748.07, 3748.12, 3748.13, 3770.03, 3770.21, 3901.3812, 3923.90,	141779
3923.91, 4117.02, 4117.12, 4117.24, 4141.01, 4141.31, 4501.06,	141780
4501.24, 4501.29, 4503.068, 4503.10, 4503.19, 4503.40, 4503.42,	141781
4505.06, 4505.09, 4519.59, 5101.073, 5111.21, 5111.65, 5111.651,	141782
5111.68, 5111.681, 5111.685, 5111.686, 5111.688, 5111.689,	141783
5111.874, 5111.875, 5112.30, 5112.31, 5112.37, 5112.39, 5112.40,	141784
5112.41, 5112.42, 5112.43, 5112.44, 5112.45, 5112.46, 5112.47,	141785
5112.48, 5123.0412, 5123.0417, 5123.19, 5123.193, 5123.197,	141786
5126.05, 5126.24, 5153.163, 5502.12, 5703.80, 5715.26, 5725.18,	141787
5727.84, 5729.03, 5739.01, 5739.03, 5739.033, 5739.051, and	141788
6111.044 of the Revised Code.	141789

The amendment by this act of sections 711.001, 711.05,	141790
711.10, 711.131, 4736.01, 6111.04, and 6111.044 of the Revised	141791
Code as amended by Sections 101.01 and 101.02 takes effect	141792
immediately when this act becomes law.	141793

The repeal and reenactment of section 5112.371 of the	141794
Revised Code.	141795

The amendment by this act to division (A) of section 124.134	141796
of the Revised Code takes effect on August 30, 2009, and the	141797
remainder of that section takes effect immediately when this act	141798
becomes law.	141799

The amendment, enactment, or repeal of sections 122.85,	141800
3721.02, 3721.50, 3721.51, 3721.511, 3721.512, 3721.513, 3721.53,	141801
3721.55, 3721.56, 4301.43, 4503.182, 4507.23, 5111.20, 5111.231,	141802
5111.24, 5111.243, 5111.25, 5111.262, and 5111.263 of the	141803
Revised Code takes effect July 1, 2009.	141804

The repeal of sections 5112.40, 5112.41, 5112.42, 5112.43,	141805
5112.44, 5112.45, 5112.46, 5112.47, and 5112.48 of the Revised	141806
Code takes effect October 1, 2011.	141807

Sections of this act prefixed with section numbers in the	141808
200's, 300's, 400's, 500's, 700's, and 800's, except for Sections	141809
265.60.60, 265.70.20, 265.80.10, 309.40.20, 309.50.30, 313.20,	141810
371.60.20, 399.20, 523.10, 701.20, 745.60, and 751.10 of this	141811
act.	141812

The amendment of Sections 120.01 and 120.02 of Am. Sub. H.B.	141813
119 of the 127th General Assembly takes effect immediately when	141814
this act becomes law.	141815

The amendment of Section 153 of Am. Sub. H.B. 117 of the	141816
121st General Assembly.	141817

Sections 309.30.20, 309.30.30, 309.30.40, 309.30.50,	141818
309.30.60, and 309.30.70 of this act take effect July 1, 2009.	141819

Section 812.30. The sections that are listed in the	141820
left-hand column of the following table combine amendments by this	141821
act that are and that are not exempt from the referendum under	141822
Ohio Constitution, Article II, Sections 1c and 1d and section	141823
1.471 of the Revised Code.	141824

The middle column identifies the amendments to the listed	141825
sections that are subject to the referendum under Ohio	141826
Constitution, Article II, Section 1c and therefore take effect on	141827
the ninety-first day after this act is filed with the Secretary of	141828
State or, if a later effective date is specified, on that date.	141829

The right-hand column identifies the amendments to the listed	141830
sections that are exempt from the referendum because they are or	141831
relate to an appropriation for current expenses within the meaning	141832
of Ohio Constitution, Article II, Section 1d and section 1.471 of	141833
the Revised Code, or define a tax levy within the meaning of Ohio	141834
Constitution, Article II, Section 1d, and therefore take effect	141835
immediately when this act becomes law or, if a later effective	141836
date is specified, on that date.	141837

Section of law	Amendments subject to referendum	Amendments exempt from referendum	141838
121.04	All amendments except those described in the right-hand column	The amendment striking "Water;" the amendment replacing "conservation" with "resources"; and the amendment striking "Real estate and land management;"	141839
127.16	The amendment to divisions (D)(2) and (34)	All other amendments	141840
1521.05	All amendments except those described in the right-hand column	The amendments to division (B)	141841
1521.063	All amendments except those described in the right-hand column	The amendments to divisions (A) and (A)(1) replacing "division of water" with "division of soil and water resources"	141842
3301.07	The amendment that strikes through original division (N)	All amendments except the amendment described in the middle column	141843
3302.031	All amendments except those described in the right-hand column	The amendments to division (A)	141844
3313.6410	Division (A)	Division (B)	141845
3314.03	All amendments except the amendments described in the right-hand column	The amendments to division (A)(8)	141846
3315.37	All amendments except the amendment described in the right-hand column	The amendment to the fourth paragraph that strikes through "3333.27,"	141847
3317.01	The amendments to division (B)	All other amendments	141848
3319.088	The amendments to the second paragraph of division (C)	All other amendments	141849
3734.57	The amendment to division (A) authorizing electronic payment of solid waste disposal fees	All other amendments to division (A)	141850
4117.01	All amendments except those described in the right-hand column	The amendment to division (C)(5), the amendment striking the language from division (C)(15), and the amendments adjusting the division numbering in divisions (C)(16) and (17)	141851
5751.20	All amendments except those described in the right-hand column	The amendments to division (B), effective July 1, 2009	141852

Section 812.50. (A) The amendments by this act to sections	141853
109.57, 109.572, and 3319.291 of the Revised Code are subject to	141854
the referendum. Except as otherwise provided in division (B) of	141855
this section, the amendments take effect on the ninety-first day	141856
after this act is filed with the Secretary of State.	141857

(B) The following amendments take effect January 1, 2010:

141858

(1) The amendment creating division (F)(2)(c) of section	141859
109.57 of the Revised Code and the amendment to division (F)(4) of	141860
that section;	141861

(2) The amendment to division (B)(2) of section 109.572 of	141862
the Revised Code;	141863

(3) All of the amendments to section 3319.291 of the Revised	141864
Code except the amendments to divisions (A)(3) and (4) of that	141865
section.	141866

Section 815.10. The General Assembly, applying the principle	141867
stated in division (B) of section 1.52 of the Revised Code that	141868
amendments are to be harmonized if reasonably capable of	141869
simultaneous operation, finds that the following sections,	141870
presented in this act as composites of the sections as amended by	141871
the acts indicated, are the resulting versions of the sections in	141872
effect prior to the effective date of the sections as presented in	141873
this act:	141874

Section 9.314 of the Revised Code as amended by Am. Sub.	141875
H.B. 106 and Sub. H.B. 204, both of the 125th General Assembly.	141876

Section 109.57 of the Revised Code as amended by both Sub.	141877
H.B. 428 and Sub. S.B. 163 of the 127th General Assembly.	141878

Section 109.572 of the Revised Code as amended by Sub. H.B.	141879
195, Sub. H.B. 545, and Sub. S.B. 247, all of the 127th General	141880
Assembly.	141881

Section 109.77 of the Revised Code as amended by Am. Sub.	141882
H.B. 490, Sub. H.B. 545, and H.B. 675, all of the 124th General	141883
Assembly.	141884

Section 121.37 of the Revised Code as amended by both Sub.	141885
H.B. 289 and Am. Sub. H.B. 530 of the 126th General Assembly.	141886

Section 122.075 of the Revised Code as amended by Sub. H.B.	141887
245 and Sub. H.B. 251, both of the 126th General Assembly.	141888

Section 149.43 of the Revised Code as amended by Am. Sub.	141889
H.B. 214 and Am. Sub. S.B. 248, both of the 127th General	141890
Assembly.	141891

Section 1511.01 of the Revised Code as amended by Am. Sub.	141892
S.B. 73 and Am. Sub. S.B. 182, both of the 120th General Assembly.	141893

Section 1520.02 of the Revised Code as amended by Sub. H.B.	141894
443 and Am. Sub. H.B. 699, both of the 126th General Assembly.	141895

Section 1547.99 of the Revised Code as amended by Am. Sub.	141896
S.B. 17 and Am. Sub. S.B. 271, both of the 127th General	141897
Assembly.	141898

Section 2913.46 of the Revised Code as amended by Am. Sub.	141899
S.B. 107, Am. Sub. S.B. 269, and Am. Sub. S.B. 293, all of the	141900
121st General Assembly.	141901

Section 2921.51 of the Revised Code as amended by Sub. H.B.	141902
259 and Sub. S.B. 281, both of the 126th General Assembly.	141903

Section 2923.16 of the Revised Code as amended by Sub. S.B.	141904
184 and Sub. S.B. 209, both of the 127th General Assembly.	141905

Section 3313.614 of the Revised Code as amended by Am. Sub.	141906
H.B. 276 and Am. Sub. S.B. 311, both of the 126th General	141907
Assembly.	141908

Section 3313.64 of the Revised Code as amended by Am. Sub.	141909
H.B. 119 and Am. Sub. H.B. 214, both of the 127th General	141910
Assembly.	141911

Section 3319.291 of the Revised Code as amended by Sub. H.B.	141912
428 and Am. Sub. H.B. 562, both of the 127th General Assembly.	141913

Section 3733.02 of the Revised Code as amended by Am. Sub.	141914
H.B. 368 and Sub. S.B. 102, both of the 125th General Assembly.	141915

Section 4301.355 of the Revised Code as amended by Am. Sub.	141916
H.B. 562 and Sub. S.B. 150, both of the 127th General Assembly.	141917

Section 4169.02 of the Revised Code as amended by both Am.	141918
Sub. S.B. 293 and Sub. H.B. 535 of the 121st General Assembly.	141919

Section 4169.04 of the Revised Code as amended by both Am.	141920
Sub. S.B. 293 and Sub. H.B. 535 of the 121st General Assembly.	141921

Section 4303.182 of the Revised Code as amended by Am. Sub.	141922
H.B. 562 and Sub. S.B. 150, both of the 127th General Assembly.	141923

Section 4507.03 of the Revised Code as amended by Sub. S.B.	141924
96 of the 120th General Assembly and Sub. H.B. 9 of the 127th	141925
General Assembly.	141926

Section 4763.05 of the Revised Code as amended by Am. Sub.	141927
H.B. 699 and Am. Sub. S.B. 223, both of the 126th General	141928
Assembly.	141929

Section 4767.08 of the Revised Code as amended by Am. Sub.	141930
H.B. 138 and Sub. H.B. 531, both of the 123rd General Assembly.	141931

Section 815.20. The amendment of sections 5112.03 and	141932
5112.08 of the Revised Code is not intended to supersede the	141933
earlier repeal, with delayed effective date, of that section.	141934